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.