As the government of Germany was a federal one, this was a question of "states' rights," such as came up in our own Civil War, but in the German case it was even harder to decide because there was no written Constitution defining the powers of the national government and the states.

It might naturally be assumed that the Diet had the power to repeal its own acts, but the Evangelical estates made a further point in their appeal to the emperor, [Sidenote: April 25] by alleging that the Recess of 1526 had been passed unanimously and could only be repealed by a unanimous vote.

The Protest and the appeal were signed by the Elector of Saxony, the Landgrave of Hesse, a few smaller states, and fourteen free cities.

From the Protest they became immediately known as "the Protesting Estates" and subsequently the name Protestant was given to all those who left the Roman communion.
[1] Alexander Pope.
[2] Walther Koehler.
{116} SECTION 4.

THE GROWTH OF PROTESTANTISM UNTIL THE DEATH OF LUTHER Certain states having announced that they would not be bound by the will of the majority, the question naturally came up as to how far they would defend this position by arms.