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
By September 20 Melanchthon had finished his work. For on the same day he wrote to Camerarius: "The verdict [decision of the Diet] on our affair has not yet been rendered. … Our Prince thought of leaving yesterday, and again to-day. The Emperor however, kept him here by the promise that he would render his decision within three days. … Owing to the statements of evil-minded people, I am now remaining at home and have in these days written the Apology of our Confession, which, if necessary, shall also be delivered; for it will be opposed to the Confutation of the other party, which you heard when it was read. I have written it sharply and more vehemently" (than the Confession). (C. R. 2, 383.)
Before long, a good opportunity also for delivering this Apology presented itself. It was at the meeting of the Diet on September 22 when the draft of a final resolution (Abschied) was read to the estates. According to this decision, the Emperor offered to give the Evangelicals time till April 15, 1531, to consider whether or not they would unite with the Christian Church, the Holy Father, and His Majesty "in the other articles," provided however, that in the mean time nothing be printed and absolutely no further innovations be made. The imperial decision also declared emphatically that the Lutheran Confession had been refuted by the Confutation. The verdict claimed the Emperor "had, in the presence of the other electors, princes, and estates of the holy empire, graciously heard the opinion and confession [of the Evangelical princes], had given it due and thorough consideration, and had refuted and disproved it with sound arguments from the holy gospels and the Scriptures." (Foerstemann, 2, 475.)
Self-evidently, the Lutherans could not let this Roman boast pass by in silence. Accordingly, in the name of the Elector, Brueck arose to voice their objections, and, while apologizing for its deficiencies, presented the Apology. In his protest, Brueck dwelt especially on the offensive words of the imperial decision which claimed that the Augustana was refuted by the Confutation. He called attention to the fact that the Lutherans had been offered a copy only under impossible conditions; that they had nevertheless, on the basis of what was heard during the reading, drawn up a "counter-plea, or reply;" this he was now holding in his hands, and he requested that it be read publicly; from it every one might learn "with what strong, irrefutable reasons of Holy Scripture" the Augustana was fortified. (Foerstemann, 2, 479.) Duke Frederick took the Apology, but returned it on signal from the Emperor, into whose ear King Ferdinand had been whispering. Sleidan relates: "Cumque hucusce [tr. note: sic] perventum esset, Pontanus apologiam Caesari defert; eam ubi Fridericus Palatinus accepit, subnuente Caesare, cui Ferdinandus aliquid ad aures insusurraverat, reddit." A similar report is found in the annals of Spalatin. (Koellner, 422.)
By refusing to accept the Apology, the Emperor and the Romanists de facto broke off negotiations with the Lutherans; and the breach remained, and became permanent. September 23 the Elector left Augsburg. By the time the second imperial decision was rendered, November 19, all the Evangelical princes had left the Diet. The second verdict dictated by the intolerant spirit of the papal theologians, was more vehement than the first. Confusing Lutherans, Zwinglians, and Anabaptists, Charles emphasized the execution of the Edict of Worms; sanctioned all dogmas and abuses which the Evangelicals had attacked; confirmed the spiritual jurisdiction of the bishops; demanded the restoration of all abolished rites identified himself with the Confutation; and repeated the assertion that the Lutheran Confession had been refuted from the Scriptures. (Foerstemann, 2, 839f.; Laemmer, 49.)
In his Gloss on the Alleged Imperial Edict of 1531, Luther dilates as follows on the Roman assertion of having refuted the Augustana from the Scriptures: "In the first place concerning their boasting that our Confession was refuted from the holy gospels, this is so manifest a lie that they themselves well know it to be an abominable falsehood. With this rouge they wanted to tint their faces and to defame us, since they noticed very well that their affair was leaky, leprous, and filthy, and despite such deficiency nevertheless was to be honored. Their heart thought: Ours is an evil cause, this we know very well, but we shall say the Lutherans were refuted; that's enough. Who will compel us to prove such a false statement? For if they had not felt that their boasting