The Landgrave of Hesse was then making great preparations for war, with an eye on Würtemberg, where, as he admitted publicly, he wished forcibly to re-instate Duke Ulrich, a friend to the religious innovations.
The theologians of the Margraviate of Brandenburg, unlike those of Wittenberg, were opposed to resistance. They replied then, or somewhat later, concerning the views put forward by the lawyers, that it was a question of the supreme secular Majesty, not of a judge who was subservient to a higher secular sword, hence that the lawyers’ suppositions could not stand.[149] Little heed was however paid to their objection. On the other hand the proposal made by the legal consulters, that further representations should be made to the Emperor regarding the execution of the Reichstagsabschied, was described by the theologians as “not expedient,” though it might be further discussed at the Nuremberg Conference on November 11 (Martinmas).[150]
Instead, it was for November 13 that a summons, dispatched by Saxony on October 31, invited a conference to meet at Nuremberg to discuss the matter, and take the steps which eventually led to the formation of the defensive League of Schmalkalden. At first it was proposed, that, after the Nuremberg conference, another should be held at Schmalkalden on November 28, though as a matter of fact the only meeting held commenced at Schmalkalden on December 22.
Only now did it become apparent that Luther and his theologians had, at least in the opinion of the Saxon politicians, expressed themselves privately much more openly in favour of resistance than would appear from the above memorandum. The envoys from the Saxon Electorate appealed with great emphasis to the opinion of the Wittenberg divines, in order to show the lawfulness of the plan of armed resistance and the expediency of the proposed League. Armed with this authority they openly “defied our ministers,” wrote Lazarus Spengler of Nuremberg, to Veit Dietrich on February 20, 1531. Spengler, like the Nuremberg Councillors and those of Brandenburg, was opposed to resistance and to the League. He was surprised that “Dr. Martin should so contradict himself.”[151] The fact is that he was the only person to whom Luther’s previous memorandum of March, 1530, had been communicated.[152]