The Nuremberg magistrates appealed, among other reasons, to the clear testimony of Scripture which did not sanction such proceedings against the supreme secular authority. They feared the consequences of a religious war for Germany, just as Luther himself had formerly done, but, in spite of their adherence to the new faith, they were more frank and courageous in their effort to avert it than he on whose shoulders the chief responsibility in the war was to rest.
One sentence of Melanchthon’s, written in those eventful days, singularly misrepresents the true position of affairs. To his friend Camerarius, on January 1, 1531, he says: “We discountenance all arming.”[153]
Melanchthon also writes: “We are now consulted less frequently than heretofore as to the lawfulness of resistance,” and he repeats much the same thing on February 15, 1531: “On the matter of the League no one now questions either Luther or myself.”[154] If we can here detect a faint note of wonder and regret, we may assuredly ask whether the very behaviour of the theologians at Torgau was not the reason of their advice being at a discount; their dissimulation and ambiguity were not of a nature to inspire the lawyers and statesmen with much respect.
It was some time before this vacillation in official, written statements came to an end. Some more instances of it are to be met with in the epistolary communications between Luther and the town of Nuremberg, which was opposed to the Schmalkalden tendencies.
Prior to November 20, 1530, the Elector of Saxony had addressed himself to the magistrates of Nuremberg with the request that “they would make preparations for resisting the unjust and violent measures of the Emperor.” Of this Veit Dietrich informed Luther from Nuremberg on that day, adding that the Elector had made a reference to an approval of the measures of defence secured from his “Councillors and Doctors,” but had said nothing of the theologians.[155] News was, however, subsequently received in Nuremberg that the Saxon envoys present at Schmalkalden had boasted of the support of Luther and his friends.
It was in consequence of this that the Nuremberg preacher, Wenceslaus Link, enquired of Luther in the beginning of January, 1531, or possibly earlier, whether the news which had reached Nuremberg by letter was true, viz. that “they had expressed the opinion that resistance might be employed against the Emperor.”
Without delay, on January 15, Luther assured him: “We have by no means given such a counsel” (“nullo modo consuluimus”).[156]
By way of further explanation he adds: “When some said openly that it was not necessary to consult the theologians at all, or to trouble about them, and that the matter concerned only the lawyers who had decided in favour of its lawfulness, I for my part declared: I view the matter as a theologian, but if the lawyers can prove its permissibility from their laws, I see no reason why they should not use their laws; that is altogether their business. If the Emperor by virtue of his laws determines the permissibility of resistance in such a case, then let him bear the consequences of his law; I, however, pronounce no opinion or judgment on this law, but I stick to my theology.” It is thus that he expresses himself concerning the argument which the lawyers had, as a matter of fact, drawn almost exclusively from canon law, the texts of which they misread.
He then puts forward his own theory in favour of the belligerent nobles of his party, according to which a ruler, when he acts as a politician, is not acting as a Christian (“non agit ut christianus”), as though his conscience as a sovereign could be kept distinct from his conscience as a Christian. “A Christian is neither Prince nor commoner nor anything whatever in the personal world. Hence whether resistance is permissible to a ruler as ruler, let them settle according to their own judgment and conscience. To a Christian nothing [of that sort] is lawful, for he is dead to the world.”
“The explanations [Luther’s] have proceeded thus far,” he concludes this strange justification, “and this much you may tell Lazarus [Spengler, the clerk to the Nuremberg Council] concerning my views. I see clearly, however, that, even should we oppose their project, they are nevertheless resolved to offer resistance and not to draw back, so full are they of their own ideas; I preach in vain that God will come to our assistance, and that no resistance will be required. God’s help is indeed visible in this, that the Diet has led to no result, and that our foes have hitherto taken no steps. God will continue to afford us His help; but not everyone has faith. I console myself with this thought: since the Princes are determined not to accept our advice, they sin less, and act with greater interior assurance, by proceeding in accordance with the secular law, than were they to act altogether against their conscience and directly contrary to Holy Scripture. It is true they do not wit that they are acting contrary to Scripture, though they are not transgressing the civil law. Therefore I let them have their way, I am not concerned.”