On August 3 the Catholic Refutation was at length submitted to the Diet. It showed indeed, as did the imperial proclamation convoking the Diet, that it was far from the Emperor's intention to have the opinions of both sides fairly heard and judged in a friendly and impartial spirit: on the contrary, he demanded that the Protestants should declare themselves convinced by it, and therefore conquered. The Landgrave Philip replied to this demand by quitting Augsburg on August 6, without the leave and contrary to the command of the Emperor, and hastening home, openly resolved, in case of need, to meet force by force. But the Emperor, though urged by Rome to take violent measures, was not prepared, as indeed Luther had guessed, for such a sudden stroke. He preferred to adopt a more peaceful and mediating course, and to attempt once more to settle the differences by a mixed commission of fourteen, and afterwards by a new and smaller committee, in which Melancthon alone represented the Evangelical theologians.
The Protestants had now to consider seriously the question of a possible submission which Melancthon had hitherto been anxiously pondering with himself. Luther's view of the entire standpoint and interests of the Romish Church was now confirmed by the fact that her representatives attached less importance to the more profound differences of doctrine in regard to the inward means of salvation, than to the restoration of episcopal rights and forms of worship, such as, in particular, the mass and the Sacrament in both kinds, which formed the principal difficulties during the negotiations. On the other hand, no one had taught more clearly than Luther the freedom which belongs to Christians in outward forms of constitution and worship, and which enables them to yield to and serve each other on these very points. But he had none the less earnestly cautioned against making concessions to ecclesiastical tyrants, who might make use of them to enslave and mislead souls. In this respect Melancthon now showed himself entirely resolved. He longed for a restoration of the Catholic episcopacy for the Evangelicals, not only for the sake of peace, but because he despaired of securing otherwise a genuine regulation of the Church in the face of arbitrary princes and undisciplined multitudes. In fact the Protestants on this commission were willing to promise lawful obedience to the bishops, if only the questions of service and doctrine were left to a free Council. As regarded the service of the mass the point at issue was whether the Protestants could not and ought not to accept it with its whole act of priestly sacrifice, if only an explanation were added as to the difference between this sacrifice and the sacrifice of Christ upon the Cross. Other Protestants, on the contrary, especially the representatives of Nüremberg, became suspicious and angry at such a way of settling matters, and especially at the behaviour of Melancthon. Spengler at Nüremberg wrote accordingly to Luther. The situation was all the more critical, since the negotiations, according to the wish of the Emperor, were to proceed uninterruptedly, and there was no time to obtain an opinion from Coburg.
Luther now, to whom the Elector submitted the Articles which were to bring about an agreement, sent a very calm, clear answer, entering into all the particulars. He gave a purely practical judgment, though resting upon the highest principles. Thus, with regard to the mass, he says that the Catholic liturgy contained the inadmissible idea that we must pray to God to accept the Body of His Son as a sacrifice; if this were to be explained in a gloss, either the words of the liturgy would have to be falsified by the gloss, or the gloss by the words of the liturgy. It would be wrong and foolish to run into danger unnecessarily about so troublesome a word. He warned Melancthon especially against the power of the bishops. He knew well that obedience to them meant a restriction of the freedom of the gospel; but the bishops would not consider themselves equally bound, and would declare it a breach of faith if everything that they wished were not observed. He then quietly expressed his conviction that the whole attempt at negotiation was a vain delusion. It was wished to make the Pope and Luther agree together, but the Pope was unwilling and Luther begged to be excused. Firmly and calmly he relied on the consciousness, whatever happened, of his own independence and strength. Thus he wrote to Spengler: 'I have commended the matter to God, and I think also I have kept it so well in hand that nobody can find me defenceless on any point so long as Christ and I are united.' To Spalatin he wrote: 'Free is Luther, and free also is the Macedonian (Philip of Hesse)…. Only be brave and behave like men!' We have taken this from letters rich in similar thoughts, addressed by Luther on August 26 to the Elector John, Melancthon, Spalatin, and Jonas, and from other letters written two days after to the three last-named friends and to Spengler. He likewise wrote for Brenz on the 26th a preface to his Exposition of the Prophet Amos. This preface shows us how Luther himself judged his own words which he sent forth with such power. His own speech, he says, is a wild wood, compared with the clear, pure flow of Brenz's language; it was, to compare small things with great, as if his was the strong spirit of Elijah, the wind tearing up the rocks, and the earthquake and fire, whereas Brenz's was the 'still, small voice.' Yet God needs also rough wedges for rough logs, and together with the fruitful rain He sends the storm of thunder and lightning to purify the air.
If, however, Protestantism was then threatened by danger from mistaken concessions, the danger was soon averted by the demands of its opponents, who went too far even for a Melancthon. The proceedings of the smaller committee had likewise to be closed without any result. On September 8 Luther was able at last to tell his wife that he hoped soon to return home; to his little Hans he promised to bring a 'beautiful large book of sugar,' which his cousin Cyriac, who had travelled with Luther to Augsburg and Nüremberg, had brought for him out of that 'beautiful garden.' On the 14th he received a visit from Duke John Frederick and Count Albert of Mansfeld upon their return from the Diet. The former brought him the signet ring, which, however, was too large even for his thumb; he remarked that lead, not gold, was fitting for him. He only wished he could see his other friends also escaped from Augsburg; and although the Duke was ready to take him away with him, he preferred to remain behind at Coburg, in order, as he wrote to Melancthon, to receive them there and wipe off their perspiration after their hot bath.
At Augsburg negotiations were re-opened with Melancthon and Brück; the Nüremberg deputy even thought it necessary to complain in the strongest terms of an 'underhand unchristian stratagem' against which Melancthon would no longer listen to a word of remonstrance; and Luther, who heard of these complaints through Spengler and Link, expressed indeed his full confidence to his Saxon theologians, and was particularly anxious not to wound Melancthon, but earnestly and pressingly begged him and Jonas, on the 20th of the month, to inform him about the matter, to be on their guard against the crafty attacks of their enemies, and to renounce finally all idea of a compromise. While, however, these letters were on their way past Nüremberg through Spengler's hands, it was already known there that the new attempt, especially that against the constancy of Jonas and Spalatin, had shipwrecked, and Spengler consequently did not forward them to their address. The Evangelical States adhered to their Protest of 1529 and to the Imperial Recess of 1526.
The Emperor made known his displeasure at this result, but found that even those princes who were most zealous against the innovations, were not equally zealous to plunge into at least a doubtful war for the extirpation of heresy, and the aggrandisement, moreover, of the Emperor's authority and power, and accordingly he resolved to put off the decision. On the 22nd he announced a Recess, which gave the Protestants, whose Confession, it was stated, had been publicly heard and refuted, time till the 15th of the following April for consideration whether, in the matter of the articles in dispute, they would return to unity with the Church, Pope, and Empire. The Emperor, meanwhile, engaged to bring about the meeting of a Council within a year, for the removal of real ecclesiastical grievances, but reserved until that period the consideration of what further steps should eventually be taken. The Evangelicals protested that their Confession had never been refuted, and proceeded to lay before the Emperor an apology for it, drawn up by Melancthon. They accepted the time offered for consideration. So far then the promise was given of the political peace which Luther had wished and hoped for. Referring to the other dangers and menaces before them, he said to Spengler: 'We are cleared and have done enough; the blood be upon their own head.'
Yet another attempt at union came to Luther at Coburg from quite a different quarter. Strasburg, and three other South German towns, Constance, Memmingen, and Lindau, differing as they did from the Lutherans in the Sacramental controversy, had laid before the Diet a Confession of their own—the so-called Tetrapolitana. They too, like Zwingli, refused to recognise any partaking of the Body of Christ by the mouth and body of the receiver, but at the same time, unlike him, they based their whole view of the Eucharist on the assumption of a real Divine gift and a spiritual enjoyment of the 'real Body' of Christ. On the strength of this view, Butzer, the theological representative of Strasburg, sought to make further overtures to the Wittenbergers. He was not deterred by Melancthon's mistrustful opposition or by Luther's leaving a letter of his unanswered. He now appeared in person at the Castle of Coburg, and on September 25 had a confidential and friendly interview with Luther. The latter still refused to content himself with a mere 'spiritual partaking,' and, though demanding above all things entire frankness, did not himself conceal a constant suspicion. However, he himself began to hope for good results, and assured Butzer he would willingly sacrifice his life three times over, if thereby this division might be put an end to. This fortunate beginning encouraged Butzer to further attempts, which he made afterwards in private.
The day after the reading of the Recess, the Elector John was able at length to leave the Diet and set forward on his journey home. The Emperor took leave of him with these words: 'Uncle, Uncle, I did not look for this from you.' The Elector, with tears in his eyes, went away in silence. After staying a short time at Nüremberg, he paid a visit, with his theologians, to Luther. They left Coburg together on October 5, and travelled by Altenburg, where Luther preached on Sunday, the 9th, to the royal residence at Torgau. After Luther had also preached here on the following Sunday, he returned to his home.