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