August 5 the Emperor communicated the resolutions adopted by the Catholic estates to the Lutherans. According to a report of the Nuernberg delegates the negotiations proceeded as follows: The Emperor declared that the Confutation would be forwarded to the Lutherans, but with the understanding that they must come to an agreement with the Catholic princes and estates; furthermore that they spare His Imperial Majesty with their refutations and make no further reply and, above all, that they keep this and other writings to themselves, nor let them pass out of their hands, for instance, by printing them or in any other way. Hereupon Brueck, in the name of the Lutherans, thanked the Emperor, at the same time voicing the request "that, considering their dire necessity, His Imperial Majesty would permit his Elector and princes to make answer to the Confutation." Duke Frederick responded: The Emperor was inclined to grant them permission to reply, but desired the answer to be "as profitable and brief as possible," also expected them to come to an agreement with the Catholics, and finally required a solemn promise that they would not permit the document to pass out of their hands. Brueck answered guardedly: The Lutherans would gladly come to an agreement "as far as it was possible for them to do so with God and their conscience;" and as to their answer and the preservation of the document, they would be found "irreprehensible." The Emperor now declared: "The document should be delivered to the Lutherans in case they would promise to keep it to themselves and not allow it to fall into other hands; otherwise His Imperial Majesty was not minded to confer with them any longer." Brueck asked for time to consider the matter, and was given till evening. In his response he declined the Emperor's offer, at the same time indicating that an answer to the Confutation would be forthcoming nevertheless. The Lutherans, he said, felt constrained to relinquish their petition, because the condition that the document be kept in their hands had been stressed in such a manner that they could not but fear the worst interpretation if it would nevertheless leak out without their knowledge and consent; still, they offered to answer the Confutation, since they had noted the most important points while it was read; in this case, however, they asked that it be not charged to them if anything should be overlooked; at the same time they besought the Emperor to consider this action of theirs as compelled by dire necessity, and in no other light. (C. R. 2, 255ff.) In the Preface to the Apology, Melanchthon says: "This 51. Lutherans on Roman Duplicity and Perfidy. The duplicity and perfidy of the Emperor and the Romanists in their dealings with the Lutherans was characterized by Chancellor Brueck as follows: "The tactics of the opponents in offering a copy [of the Confutation] were those of the fox when he invited the stork to be his guest and served him food in a broad, shallow pan, so that he could not take the food with his long bill. In like manner they treated the five electors and princes, as well as the related cities, when they offered to accede to their request and submit a copy to them, but upon conditions which they could not accept without greatly violating their honor." (Koellner, 419.) Over against the Emperor's demand of blind submission and his threat of violence, the Lutherans appealed to their pure Confession, based on the Holy Scriptures, to their good conscience, bound in the Word of God, and to the plain wording of the imperial manifesto, which had promised discussions in love and kindness. In an Answer of August 9, e.g., they declared: The articles of the Augustana which we have presented are drawn from the Scriptures, and "it is impossible for us to relinquish them with a good conscience and peace of heart, unless we find a refutation founded on God's Word and truth, on which we may rest our conscience in peace and certainty." (Foerstemann, 2, 185.) In the Preface to the Apology, Melanchthon comments as follows on the demand of the Romanists: "Afterwards, negotiations for peace were begun, in which it was apparent that our princes declined no burden, however grievous, which could be assumed without offense to conscience. But the adversaries obstinately demanded that we should approve certain manifest abuses and errors; and as we could not do this, His Imperial Majesty again demanded that our princes should assent to the Confutation. This our princes refused to do. For how could they, in a matter pertaining to religion, assent to a writing which they had not been able to examine, especially as they had heard that some articles were condemned in which it was impossible for them, without grievous sin, to approve the opinions of the adversaries?" (99.) Self-evidently the Lutherans also protested publicly that the procedure of the Romanists was in contravention of the proclamation of the Emperor as well as of his declaration on June 20, according to which both parties were to deliver their opinions in writing for the purpose of mutual friendly discussion. In the Answer of August 9, referred to above they said: "We understand His Imperial Majesty's answer to mean nothing else than that, after each party had presented its meaning and opinion, such should here be discussed among us in love and kindness." Hence, they said, it was in violation of this agreement to withhold the Confutation, lest it be answered. (Foerstemann, 2, 184f.) Luther expressed the same conviction, saying: "All the world was awaiting a gracious diet, as the manifesto proclaimed and pretended, and yet, sad to say, it was not so conducted." (St. L. 16, 1636.) That the Romanists themselves fully realized that the charges of the Lutherans were well founded, appears from the subterfuges to which they resorted in order to justify their violence and duplicity, notably their refusal to let them examine the Confutation. In a declaration of August 11 they stated "that the imperial laws expressly forbid, on pain of loss of life and limb, to dispute or argue (gruppeln) about the articles of faith in any manner whatever," and that in the past the edicts of the Emperor in this matter of faith had been despised, scorned, ridiculed, and derided by the Lutherans. (Foerstemann, 2, 190.) Such were the miserable arguments with which the Romanists defended their treachery. Luther certainly hit the nail on the head when he wrote that the Romanists refused to deliver the Confutation "because their consciences felt very well that it was a corrupt, futile, and frigid affair, of which they would have to be ashamed in case it should become public and show itself in the light, or endure an answer." (St. L. 16, 1635.) 52. Original Draft of Apology. August 5 the Lutherans had declared to the Emperor that they would not remain indebted for an answer to the Confutation, even though a copy of it was refused them. They knew the cunning Romanists, and had prepared for every emergency. Melanchthon, who, according to a letter addressed to Luther (C. R. 2, 254), was not present at the reading of the Confutation, writes in the Preface to the Apology: "During the reading some of us had taken down the chief points of the topics and arguments." (101.) Among these was Camerarius. August 4 the Nuernberg delegates reported to their senate that the Confutation comprising more than fifty pages, had been publicly read on August 3, at 2 P.M., and that the Lutherans had John Kammermeister "record the substance of all the articles; this he has diligently done in shorthand on his tablet as far as he was able, and more than all of us were able to understand and remember, as Your Excellency may perceive from the enclosed copy." (C. R. 2, 250.) On the basis of these notes the council of Nuernberg had a theological and a legal opinion drawn up, and a copy of the former (Osiander's refutation of the Confutation) was delivered to Melanchthon on August 18 by the Nuernberg delegates. Osiander specially stressed the point that the demand of the Romanists to submit to the decision of the Church in matters of faith must be rejected, that, on the contrary, everything must be subordinated to the Holy Scriptures. (Plitt, 87.) In drawing up the Apology, however, Melanchthon made little, if any, use of Osiander's work. Such, at least, is the inference Kolde draws from Melanchthon's words to Camerarius, September 20: "Your citizens [of Nuernberg] have sent us a book on the same subject [answer to the Confutation], which I hope before long to discuss with you orally." (383.) There can be little doubt that Melanchthon privately entertained the idea of writing the Apology immediately after the reading of the Confutation. The commission, however, to do this was not given until later; and most of the work was probably done in September. For August 19 the Nuernberg delegates reported that their "opinion" had been given to Melanchthon, who as yet, however, had not received orders to write anything in reply to the Confutation, "unless he is privately engaged in such undertaking." (C. R. 2, 289.) At Augsburg the execution of the resolution to frame an answer to the Confutation had been sidetracked for the time being, by the peace parleys between the Lutherans and the Catholics, which began soon after the Confutation was read and continued through August. But when these miscarried, the Evangelical estates, on the 29th of August, took official action regarding the preparation of an Apology. Of the meeting in which the matter was discussed the Nuernberg delegates report: "It was furthermore resolved: 'Since we have recently declared before His Majesty that, in case His Majesty refused to deliver to us the Confutation of our Confession without restrictions [the aforementioned conditions] we nevertheless could not refrain from writing a reply to it, as far as the articles had been noted down during the reading, and from delivering it to His Imperial Majesty: we therefore ought to prepare ourselves in this matter, in order to make use of it in case of necessity,' In this we, the delegates of the cities, also acquiesced. … I, Baumgaertner, also said: In case such a work as was under discussion should be drawn up, we had some opinions [the theological and the legal opinions of the city of Nuernberg], which might be of service in this matter, and which we would gladly submit. Hereupon it was ordered that Dr. Brueck and other Saxons be commissioned to draft the writing." (321.) The assumption, therefore, that Melanchthon was the sole author of the first draft of the Apology is erroneous. In the Preface to the Apology he writes: "They had, however, commanded me and some others to prepare an Apology of the Confession, in which the reasons why we could not accept the Confutation should be set forth to His Imperial Majesty, and the objections made by the adversaries be refuted." (101.) In the same Preface he says that he had originally drawn up the Apology at Augsburg, "taking counsel with others." (101.) However, we do not know who, besides Brueck, these "others" were. 53. Apology Presented, But Acceptance Refused.