Part 1 - 1538 - 1546

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Part 1 - 1538 - 1546

Dr. Martin Luther's

Complete Writings,

published by

Dr. Joh. Georg Walch.

Seventeenth volume.

Reformation Writings.

Documents related to the history of the Reformation.

New revised stereotype edition.

St. Louis, Mo.

CONCORDIA. PUBLISHING HOUSE.

1901

** Dr. Martin Luther's**

Reformation Writings.

First section.

Documents related to the history of the Reformation.

Against the Papists. (Conclusion.)

From the years 1538 to 1546.

A. Against the Reformed.

Published anew on behalf of the Ministry of the German Evangelical Lutheran Synod

of Missouri, Ohio and other States.

St. Louis, Mo.

CONCORDIA. PUBLISHING HOUSE.

1901

Foreword.

This seventeenth part of Luther's complete writings contains the conclusion of the documents belonging to the history of the Reformation against the papists from the years 1538 to 1546 in four chapters, and the documents against the reformers in six sections. The sixteenth chapter deals with the grievances of the Protestants through the holy covenant established at Nuremberg and the chamber court processes; the seventeenth with the renewed Schmalkaldic Covenant and the actions of England and France with the Schmalkaldic Covenanters; .The eighteenth, on the religious unification sought through various discussions, meetings and imperial congresses; the nineteenth, on two campaigns, one of which was undertaken by the Protestants against Duke Henry of Brunswick, the other by Emperor Carl V against the Schmalkaldic Covenanters. In the second part of this volume, which contains the documents on the disputes with the Reformed, the first section deals with the dispute over Holy Communion; the second, with the disputation at Bern; the third, with Philip's disputation with the Protestants,

The fourth is about the Wittenberg Concord, the fifth about the Sacrament controversy that broke out again in 1542, and the sixth about some special disputes and sects. Luther's major writings in this volume are: No. 1418, "Wider das Pabstthum zu Rom, vom Teufel gestiftet"; No. 1436, "Wider Hans Wurst"; No. 55,^1)^ "Warnungsschrift an die zu Frankfurt, sich vor Zwinglisch er Lehre zu beüten", and No. 136, "Luthers Brief an zwei Pfarrherren von der Wiedertaufe". In addition, 90 of Luther's letters and concerns are included in this volume; all of them, originally written in Latin, have been newly translated.

At the end of the documents against the papists, which belong to the history of the Reformation, we have inserted Luther's "Last Argument" against the theologians of Paris, Louvain and Cologne under No. 1456,

1. Also for the second part of this volume, we have used the Arabic numerals instead of the Roman ones used by Walch. This prevents any confusion between the pieces of the first and second part, because in this volume the pieces against the papists have high numbers (from 1248 to 1455), while those against the reformists run only from 1 to 138.

VI Foreword.

pin Fragment, which has only recently (1893) been found by D. Buchwald in the university library at Jena. We have translated this writing into German.

We have omitted the duplicates in the old edition, namely in No. 1252 the wording of the Nuremberg Religious Peace, because already printed in Vol. XVI, No. 1202; there the Emperor's approval of the Religious Peace, because already printed in Vol. XVI, No. 1207; No. 64, because already included in No. 41, and No. 2 of the appendix to this volume, because already in our edition, Vol. X, 1533. Added is Luther's letter to Landgrave Philip of Hesse of June 23, 1529 (No. 20d) according to the original, which differs significantly from the previously known redaction. We have completed the documents, which in the old edition of Walch are either deficient or only excerpted, as, No. 1316. 1317. 1376. 1424. 1444 and 120. In two letters of the Protestants to the presidents of the Colloquium at Worms, No. 1337 and No. 1344. 1344, the former written by the theologians and preachers, the latter by the councilors, envoys and ambassadors, it happened (probably already in Walch's draft) that the second part of the former writing forms the conclusion of the latter and vice versa. As a result, the signatures are also mixed up. According to Spalatin's Annals and the Corp. ref. we have reconstructed what belongs together.

and the titles and signatures have been corrected. Many headings are improved, as in No. 1279. 1304. 1422, 21. 44. 57. 65. 67 and 95. Time determinations are partly supplemented, partly corrected in No. 1285. 1289. 1293. 1295. 1303. 35. 60. 62. 63. 84. 100. 101.102. 111. 116. 117. Appendix, No. 5. 6. 9 and 11.

We have also been able to make many improvements in the writings originally written in German, apart from the many misprints that distort the meaning, of which there is no lack in this volume of the old edition. We leave here a selection of the latter. With Walch we find Col. 476: de fide ex operibus instead of: de fide et operibus; 476^1)^ confession of the covenant - Mundes; 528 nobody - ihnen; 539 Schälle - Schelle; 583 wegen - Wegen; 697 schwinen - schirmen; 845 ergebenster - ergester (ärgster); 966 and 967 Cilicien - Sicilien; 1038 Pflegern - Pflegen; 1050 Schlagen - Schlangen; 1086 Nicäa - Nice, likewise Col. 1091 and 1093; 1088 enmity - friendship; 1120 championing - adulterating; 1157 to escape - to oppose; 1227 office-all; 1231 winding up - weighing up; 1307 faith - unbelief; 1357 going - giving; 1386 Apostolic - Apollonian; 1439 words - murdering; 1497 uncertain - certain; 1531 cruelty - cautiousness; 1541 spell -

1. For brevity, we leave the word "Columne" before the numbers and the colon after them, and put a dash for "instead".

Foreword. VII

Lamb (Christ); 1569 Gemüth - area; 1573 Speis - Spieß; 1595 Gleichheit - Geleit; 1588 and 1619 Rechtsordnung - Reichsordnung; 1618 gemeinte - gemeine; 1646 Richter - Ritter; 1703 nemlich - neulich; 1742 Beförderung - Befriedung; 2419 Prinzen - Brenz; 2473 der Leib - der HErr; 2552 Taufe - Taube; 2611 Heiligen thun - heiligen Thun. One would like to think that already for the sake of such errors a new edition would have been in place, since in the editions, even for the sake of minor defects, not infrequently a document is printed again in its entirety. In the pieces translated from Latin, Walch has many, sometimes gross, translation errors.

We have again included, as with the two previous volumes, a chronological index of the writings contained in this volume, with a date.

Since in the course of the years the index of rare or obsolete words in Luther's writings, which we appended to the 20th volume, has been considerably increased, so that their number now amounts to more than 1200, and since all volumes except the 21st, which contains the letters, have now been published, we have arranged this index according to the number of pages in our edition, and have not neglected the effort of listing each individual state of affairs in our edition.

ort to look it up. It can be found at the end of this volume.

With this volume, by God's grace, the revision of the old edition of the complete writings of D. Martin Luther, published by Walch, is now complete, except for the 21st volume, which contains Luther's letters, to which the editor will now first turn, before he goes to the production of the registers. For the reproduction of the letters we are entirely dependent on the editions published in Germany, because here the sources are not at our disposal, and for the time being this work cannot be demanded further than it has been published so far in the Erlanger Briefwechsel, namely until April 24, 1531. For the rest we have to wait in patience until either the further continuation of the Erlanger Briefwechsel or the edition of Luther's letters promised by Knaake comes into our hands, which, God grant it, may happen in not too distant a time.

May our dear Christians now also diligently read and study the glorious writings of the great man of God, who has again brought forth the holy Word of God to us, for the strengthening and advancement of their faith, for the comfort of their hearts, and for the attainment of the assurance of their eternal blessedness through our Lord and Savior Jesus Christ, amen.

St. Louis, around Reformation Day 1901.

A. F. Hoppe.

** Content**

of the

seventeenth part of Luther's complete writings,

which contains the documents on the history of the Reformation from 1538 to 1546, including those concerning the disputes of the Reformed.

Against the Papists. (Conclusion.)

The sixteenth chapter.

Of the insults and grievances suffered by the Protestants by the Holy League established at Nuremberg and by the Supreme Court processes.

The first section.

Of the Nuremberg Holy League or Liga sancta, opposed to the Schmalkaldic League. Columne

1248: The Nuremberg Catholic Counterunion.June 10 1538 1

1249 Constitution of the Nuremberg Counter-Covenant. June 10, 1538 8

The second section of the sixteenth chapter.

What the Court of Appeal at Speier has caused the Protestants for complaints.

What was decided by the Protestant side at the Convention in > Brunswick.

1250: Proposal by some estates to reject the Court of Appeal in all matters. Before the April 16 1538 18

1251 What was said in response to the committee's concerns regarding the rejection of the Court of Appeal at Brunswick on April 16, 1538 23

1252: Letter from Elector John Frederick and Landgrave Philip of Hesse complaining about unauthorized proceedings of the Court of Appeals against their co-religionists. Nov. 13, 1538 24

1253 Recusation document by virtue of which Elector John Frederick of Saxony and Landgrave Philip of Hesse, together with their religious relatives, declare the Court of Appeal at Speier to be biased. 1539 44

B. Of the annoyances that Chursachsen has received because of the election of Julius von Pflug as bishop of Naumburg. Columne

1254: Two imperial rescripts to the Elector of Saxony and the cities of Naumburg and Zeih concerning the election of Julius von Pflug as Bishop of Naumburg, together with Pflug's public announcement that he accepts the election.

a. Carl V's letter to Prince John Frederick and Duke John Ernst of > Saxony, saying that they would not prevent the election of Julius von > Pflug. July 18 1541 56 > > b. Imperial order to the cities of Naumburg and Zeitz not to encroach > on ecclesiastical property and to pay homage to Julius von Pflug if he > were to accept the bishopric. July 22, 1541 59 > > c. Julius von Pflug's proclamation that he accepts the election as > Bishop of Naumburg that has fallen upon him. Jan. 16, 1542 60

1255. Julius von Pflug's Supplication to the Princes, Princes and Estates of the Empire on account of the Elector of Saxony. 1542. .. 61
1256. responsibility of the Elector John Frederick against the complaints of Julius von Pflug 71.

1257 Luther's writing: "Exempel einen rechten christian to consecrate him as a bishop. Early March 1542 88 1258: Luther's letter to Bishop Amsdorf. March 5, 1542" 117

1259: The Elector John Frederick's other writing against Julius Pflug, addressed to the emperor and the empire. 1544 119

1260 Emperor Carl V's mandate to the Elector of Saxony concerning Bishop Julius of Naumburg. June 10, 1544 160

1261 Emperor Carl V's serious penal mandate to Elector Johann Friedrich not to hinder Bishop Julius Pflug any further and to abolish Nicolaus von Amsdorf. 15 Oct. 1545. 161

1262: The Elector John Frederick's letter to the Emperor on the above penalty mandate, sent to the Imperial Diet at Regensburg. April 16, 1546 . 165

X Contents of the seventeenth part of Luther's complete writings.

The seventeenth chapter.

Concerning the renewed Schmalkaldic League and the actions of England and France with the Schmalkaldic League relatives.

The first section.

Of the renewed Schmalkaldic League.

Columne

1263 Renewal and extension of the Schmalkaldic League between the Protestant princes, estates and cities. Sept. 29, 1536 168

1264 The Schmalkaldic League Order. 29 Sept. 1536 172

1265 Revers of the Dukes Henry and Moritz of Saxony because of their admission to the Schmalkaldic League. July 7, 1537 191

1266 Understanding between King Christian of Denmark and the Schmalkaldic Covenanters. April 9, 1538 193

The second section of the seventeenth chapter.

Of the king's actions in England with the protesting estates.

1267. Melanchthon's letter to King Hein rich VIII of England, March 13, 1535 198

1268 Luther's letter to D. Barnes strongly objecting to the divorce of King Henry VlII of England. Sept. 5, 1531 202

1269 The Protestant envoys' letter to King Henry VIII, in which they rejected the articles. London, Aug. 5, 1538 209 1270. Henry VIII's Reply to the foregoing writing. Between Aug. 5 and Oct. 1, 1538 231

1271 Henry VIII's Letter to the Elector of Saxony. Oct. 1, 1538 251

1272: Excerpt from a letter from the Elector of Saxony and the Landgrave of Hesse to Henry VIII concerning an Anabaptist whom the Landgrave had captured and with whom correspondence with the Anabaptists in England had been discovered. Sept. 1, 1538 253

1273 Melanchthon's letter to Henry VIII. April 1, 1539 255

1274. contents of the; edict promulgated in England commanding the main summa of the papal doctrine to be held on pain of life. 28, June 1539 260

1275 Articles circulated in England in which Luther and Melanchthon are said to have deviated from their doctrine. Dated March 1539 262

1276 Luther's concern, raised jointly with Jonas, Pomeranus and Melanchthon, about how to behave against the King of England. Oct. 23, 1539 265

1277 Luther's letter to the Elector John Frederick on the same matter. 23 Oct. 1539 269

Columne

1278 Melanchthon's letter to King Henry VIII, which contains an expostulation in itself. Nov. 1, 1539. 270

1279 Luther's letter to the Vice-Chancellor Franz Burkhard on how far the King of England should be allowed to give way in the Articles. April 20, 1536 282

1280: Luther's and his colleagues' request to the Elector to give a secret audience to D. Robert Barnes, sent by the King of England. Sept. 12, 1535. ... 283

Luther's letter to the Elector John Frederick concerning the English embassy. Jan. 25, 1536 284

The third section of the seventeenth chapter.

From the actions of King Francis I of France with the Schmalkaldic Federal relatives.

1282 Letter from King Francis I of France to the princes and estates of the empire concerning the Concilio and other matters. Feb. 1. 1535 .. 286

1283 Spalatin's protocol on the conversation between the French envoy Langaeus on the one hand and Chancellor Brück, Melanchthon, the Landgraves and Jakob Sturm on the other. 20 Dec. 1535 292

1284 King Francis I's letter to Melanchthon inviting him to France. June 23, 1535 296

1285 Melanchthon's letter to the Elector John Frederick, in which he asks for permission to travel to France. About August 17 1535 297

1286 Luther's letter to the Elector in which he supports Melanchthon's request. August 17 1535 299

1287 Melanchthon's letter of apology to the King of France that he had to postpone his journey. August 28, 1535 300

The eighteenth chapter.

From the through various parleys, meetings and imperial congresses sought Religious Association.

The first section.

From the Conventions of Frankfurt, Schmalkalden and Hagenau.

1288. of some legal scholars and theologians at Wittenberg, especially Luther's, concerns of the counteraction. St. Louis edition, vol. X, 558 ff.

1289: Luther's exhortation to all parish priests to pray diligently that God will protect them from the imminent danger of the Turks and Papists. want to avert. February 1539 302

Contents of the seventeenth part of Luther's complete writings. XI

Columne

1290. Luther's letter to Melanchthon. March 2 1539 305

1291 Melanchthon's letter to Brenz from the Convention at Frankfurt. March 13, 1539 307 1292. Settlement between Emperor Carl V and the Augsburg Confessionals on a peaceful decency in religion. Apr. 19, 1539 308

1293: Duke Henry of Saxony's order to the theological faculty to answer two questions. Nov. 27, 1539 316

1294. D. Caspar Cruciger's letter to Caspar Börner in Leipzig, who gave him the aforementioned Order had sent. Jan. 22, 1540 317

1295: Concerns of the Protestant theologians for the meeting at Schmalkalden. In the first half of January 1540 319

1296 Luther's Letter to the Elector John Frederick, with whom he had completed the previous Concerns sent. Jan. 18, 1540 335

1297 Luther's letter to him concerning his presence in Schmalkalden. 25 Feb. 1540 336

1298 Luther's letter to the people of Schmalkalden present theologians Jonas, Bugenhagen, Cruciger, and Melanchthon. In March or April 1540 336

1299. the evangelical the count of Mander The answer was handed over to the Convent in Schmalkalden. 11 Apr. 1540 337
1300. Melanchthon's letter to Luther from the Acts of the Convent at Schmalkalden. Around April 11, 1540 353

1301 Emperor Carl V's invitation to tender for a Meeting after Speier to the Elector of Saxony and the Landgrave of Hesse. April 18, 1540 355

1302: The response of Elector John Frederick of Saxony and Landgrave Philip of Hesse. 9th time 1540 358

1303 Luther's letter to the Elector John Frederick concerning the colloquium at Hagenau. June 10, 1540 363

1304 The papal envoy's writing to the Emperor and the Roman King, in which he vehemently attacked the Protestants. Between April 18 and May 23, 1540 364

1305. Des Cochläus Bedenken über die Augsburgische Confession, gestellt für den römischen König Ferdinand. June 17, 1540 372

The second section of the eighteenth chapter.

From the colloquium in Worms in the year

1306 Concerns about the meeting at Worms in the late year of 1540, how the Protestant side should act at the upcoming colloquium 388

1307 Copy of the protestation filed before the colloquium at Worms 391

1308 Imperial order concerning the Lord of Granvella. Oct. 10, 1540 395

Columne

1309 The Emperor's letter excusing the long absence of the Lord of Granvella. 12 Oct. 1540 397

1310 Letter of apology from the Lord of Granvella to the Catholic Estates for his late arrival. Nov. 2, 1540 398

1311 Charles V's credentials for the Lord of Granvella as Imperial Commissarius at the Colloquium of Worms. 13 Oct. 1540 399

1312 List of envoys and persons who had arrived in Worms by November 4, 1540 400

1313 Melanchthon's letter to Veit Dietrich. Nov. 4, 1540 403

1314 Melanchthon's letter to Joachim Camerarius. Nov. 2, 1540 403

1315 Melanchthon's letter to Veit Dietrich. Nov 17, 1540 405

1316: Luther's letter to Melanchthon in Worms. 21 Nov 1540 406

1317 Luther's letter to Melanchthon in Worms. Nov. 24, 1540 408

1318 Melanchthon's letter to Camerarius. Nov . 24, 1540 410

1319 Melanchthon's letter to Hier. Baumgärtner. Nov. 28, 1540 411

1320. contents of Granvella's speech to the convent at Worms. Nov. 25, 1540. 412

1321 Response of the Catholic Estates to this Speech. Nov. 26, 1540 415

1322. the President of the Convention proposed article as it relates to the form of the conversation to be held. Nov. 26, 1540 417
1323. response of the protesters to these proposed articles 419
1324. the protester other the president given answer 422

1325 List of persons ordered to talk on the Protestant side 424

1326 List of the envoys and ambassadors at the Diet of Worms425

1327. list of the papal estates, which are ordered to talk.. 428
1328. papal nuncio Campegius' speech in the assembly. 8 Dec. 1540 430
1329. of the chancellor of Mainz D. Jakob Reuter answer to it 431

1330 Melanchthon's answer to the papal envoy's speech, which he wrote but was not allowed to deliver because the presidents prevented him from doing so 432.

1331 Notaries and their substitutes Oath 436

1332 The Protestant Notaries Appointed to the Conversation 437

1333. response of the Protestants, the oath of notaria. About 9 Dec. 1540. 437

1334 Response of the presidents to the protesters concerning the oath of the notaries 442

1335. the Protestants request clarification of the previous answer. 16 Dec. 1540 ... 443
1336. conversation of the Protestants with Granvella because of the oath of the notaries, held the 13 Dec. 1540 445

XII Contents of the seventeenth part of Luther's complete writings.

1337. the Protestant theologians' request and the councils' and envoys' request to Mr. von Granvella and the presidents. 21 Dec. 1540 447

1338 Melanchthon's letter to Granvella. 22 Dec. 1540 451

1339 Response of the Councils of Presidents to the request submitted to them (No. 1337). Dec. 26. 1540 454

1340 Response of the protesting estates to the previous document. Dec. 27, 1540 456

1341 Response of the protesting estates to the imperial orator concerning the reduction of votes. Dec. 28, 1540 459

1342. answer of the Protestants in the same matter to the count of Manderscheid and the Councillors of the Count Palatine. Dec. 31, 1540 460

1343 The President's response to the writings given to them by the protesters. Jan. 2, 1541 464

1344 The Protester's Reply. 5 Jan. 1541 465

1345. the orator's and the president's response on the Protesting Scripture. Jan. 12, 1541 469

1346 The protester's counter-answer. Jan. 12, 1541 470

1347: Speech by Peter Paul Vergerius, delivered at Worms, Jan. 1, 1541 471

1348 Melanchthon's letter to Camerarius. Dec. 25, 1540 486

1349 Melanchthon's letter to Luther. Dec. 17, 1540 487

1350. Melanchthon's letter to Luther, continuation of the Wormsian History. December 28 1540 490

1351 Melanchthon's letter to Camerarius. 13 Jan. 1541 492

1352: Imperial rescript to Granvella to cancel the colloquium and move it to the Imperial Diet at Regensburg. Communicated the 18. Jan. 1541 493

1353: The conversation published by Melanchthon, which took place between him and D. Eck at the convention in Worms from 14 to 18 Jan. 1541 has been held. Outgoing 1542 495

1354 Comparison of the article concerning original sin. 551

1355. farewell at Worms, January 18, 1541.... 552

1356 Departure of the protesting councils and envoys at Worms. Jan. 18, 1541 553

1357 Three letters from Melanchthon, to Veit Dietrich, Joachim Camerarius and Hieronymus Baumgärtner. January 19, 1541 554

The third section of the eighteenth chapter.

From the Imperial Diet at Regensburg in 1541 and the colloquium held there.

1358: Charles V's escort letter for Elector John Frederick of Saxony and Landgrave Philip of Hesse to this Imperial Diet.

Jan 26 1541 556

1359 Luther's letter to Prince Wolfgang zu Anhalt. March 12, 1541 559

1360 Luther's letter to the Elector John Frederick. March 31, 1541 560

Columne

1361: The emperor's first lecture at the imperial days. April 5, 1541 561

1362. response of the protesting estates to this Lecture. April 8, 1541 568

1363 The Emperor's Reply. April 11, 1541 573

1364: The Protester's Counter-Reply. April 12 1541 574

1365 Response of the Other Estates to the Emperor's first lecture. April 12, 1541 575

1366: The Emperor's notification by the Count Palatine Friedrich, which persons he had ordered to attend the colloquium. April 20, 1541 578

1367 Supplication of the Colloquium Verordne on the Protestant side. April 22, 1541 578 1368. covering letter of the protesters to the prestanding Supplication. April 22, 1541 580

1369. The document issued by Granvella in the name of the Emperor.The book (the so-called Regensburg Interim), which was to be the subject of the discussion and to which the Protestants' counter-articles are attached, was handed over to the delegates for discussion. Together with Melanchthon's preface 581

Protestants' counter-articles against some articles of the Interim > 638

1370 Luther's concerns to the chancellor Brück about of the religious association. Between the April 4 and 7, 1541 666

1371 Luther's letter to the Elector Johann Friedrich of the sophistry of the adversaries in the article on justification. Shortly before May 10, 1541.... 668

1372: Luther's letter to the Elector ge with Bugenhagen in the same building. Thing. June 1, 1541 673

1373. excerpt from a letter of Cruciger to Bugenhagen. May 19, 1541 674

1374: Luther's letter to the Elector at Sachseck. June 6, 1541 675

1375. of several princes, especially that of Anhalt, Advertisement to D. Luther about the comparison of religions. June 10, 1541 676
1376. D. M. Luther's Answer to the Princes Johann and Georg von Anhalt on the previous advertisement. June 12, 1541 678

1377 Luther's letter to the Elector Johann Friedrich together with Bugenhagen about the Regensburg Interim and the response that the Protestant theologians gave to it. June 24, 1541 683 1378. Luther's letter to the Elector: man should not accept the compared articles. June 29 1541 684

1379: Luther's letter to the Elector about the printing of the Regensburg Interim. Aug. 4, 1541 686

1380. how the emperor the plot of the conversation handed over to the estates for consultation has. Before July 2, 1541 687

1381 Response of the Estates to the Imperial Preliminary trag. July 2, 1541 690

1382. the emperor's counter-answer. July 7, 1541.... 691
1383. The declaration made by Melanchthon in the name of the response drawn up by the protesting estates, the Emperor handed over July 12, 1541 692

Contents of the seventeenth part of Luther's complete writings. XIII

Column

1384 Response of the protesting estates to the question of how the abuses that had occurred in the secular and ecclesiastical estates could be improved and brought to Christian reformation 707

1385. the emperor's farewell proposal. July 12, 1541 730

1386: The Papal Legate's Legate's reply to the Emperor about the discussion. July 12, 1541 733

1387: The papal legate's document exhorting the bishops and prelates to the Reformation. July 12, 1541 734

1388. responsibility of the preachers of the Protestant estates against the two previous writings of the papal legate. July 20, 1541 736
1389. the second writing of the Roman legate, in which he explains his answer given about the act of conversation (No. 1386). July 19, 1541 739

1390: The Elector's Answer to the Emperor's Farewell Concern (No. 1385). July 17, 1541 740

1391 The protester's answer to the emperor's farewell objection. July 14, 1541 742

The other, Catholic, princes' answer to the emperor's farewell objection. July 17 1541 746

1393. the envoys of the cities answer to the Emperor's parting concern. July 18, 1541 749

1394: The emperor's other farewell concerns. July 23 1541 751

1395: The response of the princes, princes and estates. July 26, 1541 753

1396. the protester's answer to it. July 25 1541 754
1397. D. Eck's false testimonies, which he entered in writing in the assembly of princes against the book submitted for colloquium. About July 4, 1541 756

1398: Letter from Julius Pflug and Johann Gropper to Count Palatine Friedrich and Granvella, as presidents of the Colloquium, in which they complain about Eck's slander. About July 5 or 6, 1541 756

1399 Imperial certificate, issued on the testimony of the presidents and listeners, Mr. Julius Pflug and Mr. Johann Gropper, that they faithfully and unambiguously complied with the imperial order during the conversation. 761

1400: Cardinal Contarenus writes to the imperial estates that they should not postpone the comparison of religions to a national council. July 26, 1541 762

1401 Response of the Princes and Estates of the Empire to the Request of the Roman Legate. July 26, 1541 763

1402. the writing of the protesting preachers to the legates 764

1403: The Imperial Diet at Regensburg. July 29 1541 770

1404. imperial declaration on the imperial diet, given to the Protestants. The July 29 1541 799

1405 King Ferdinand's Declaration on the Imperial Diet at Speier. April 10, 1542 802

Section Four of Chapter Eighteen.

Of the Imperial Diet held at Speier in 1542 and the deliberations held there concerning a convenient venue for a general assembly, as well as of the announced concilium to Trent. Column

1406: Farewell to the Diet of Speier. April 11 1542 804

1407 Contents of the speech of the papal nuncio Johann Moroni, held at Speier, in which he proposes various places for the concilium, finally also Trento 854

1408. bull of the pope Paul III, in which he issued the first general concilium was scheduled for Trent. May 22, 1542 856
1409. response of the emperor to the foregoing Bull. Aug. 25, 1542 865

1410: Pope Benedict again calls for the Council to be held in Trent on March 15, 1545. Paul III Nov. 19, 1544 878

1411: What order and ceremonies the pope's legation, cardinals and bishops used in the opening of the Concilii at Trent, with an anonymous preface and marginal glosses. Written at the beginning of 1546 853

1412 Reasons why the states adhering to the Augsburg Confession first accepted Christian doctrine and finally intend to stick to it, also why the alleged Tridentine Council should neither be attended nor consented to. 1546 888

1413 Letter of recusation from all the protesting estates to those assembled at Trent, in which they give reasoned reasons why they were not obliged to attend the council appointed by the pope at Trent, nor did the pope have the right to hold it there against the imperial diet. 1546 920

1414 Two decrees of the Tridentine Concilium, adopted April 8, 1546, with a preface and glosses 949.

Section Five of Chapter Eighteen.

Of the imperial congresses held again at Speier, Worms and Regensburg.

1415. farewell of the imperial Diet at Speier, the June 10 1544 956

1416 Pope Paul III's Exhortation to Carl V August 24, 1544 998

1417 A much more vehement concept or letter from the pope to the emperor than the preceding 1012

1418 Luther's writing "Against the Papacy at Rome, founded by the devil. March 26, 1545 1019

1419. "Wittenberg Reformation" or Essay of the Protestant Theologians of Christian Reformation and Church Regiment. Jan 14, 1545 1133

XIV Contents of the seventeenth part of Luther's complete writings.

Columne

1420 Letter of the Wittenberg theologians, which they sent with the previous document to the Elector of Saxony. Jan. 14, 1545 1160

1421 The Hessian theologians' concerns about "the Wittenberg Reformation. 1162

1422. the churächsichen theologians' response to this, addressed to the churfürst and the Duke of Saxony 1163
1423. farewell to the Diet of Worms. Aug. 4. 1545 1167

1424 Luther's and the other Wittenberg theologians' doubts as to whether the Schmalkaldic League should be continued and whether the Swiss should be included in it. 1545 1174

1425: Luther's conversation with D. Georg Major before his departure for the Regensburg Colloquium, where he was to be collocutor. Mid January 1546 1179

1426 Content of the speech of Petrus Malvenda, with which he opened the Regensburg Colloquium. Feb. 5, 1546 1180

1427 The nine theses drawn up by Malvenda, on which the colloquium was to be held, with D. Major's rebuttal 1182

1428. imperial rescript in which the collocutors and listeners of the colloquium are referred to the presidents for the to hear the imperial order that has arrived. Feb. 3, 1546 1209
1429. the emperor's order of the colloquium hal notified Feb. 26, 1546 1210
1430. the Protestant response to the above order of the emperor, delivered in writing to the president 1212
1431. the Protestant collocutors' written protest, handed over to the president on March 20 1546 1216

1432 Martin Bucer's short account of the Regensburg Colloquium 1220

1433 Letter from Frederick Myconius to D. Ratzeberger. Jan. 6, 1546 1228

1434. farewell to the Diet of Regensburg. June 24 1546 1231

The nineteenth chapter.

Of two campaigns, one undertaken by the Protestants against Duke Henry of Brunswick, the other by Emperor Carl V against the Schmalkaldic allies.

The first section.

About the campaign of the Protestants against Duke Henry of Brunswick.

1435 Duplicate of Duke Heinrich of Brunswick against the Elector of Saxony and others Imprint. Nov. 2, 1540 1236

1436 Luther's response to the above duplicate by writing "Wider Hans Wurst". Finished the 25th of March, issued about the April 1 1541 1311

Columne

1437: Treaty of Eisenach between Elector John Frederick of Saxony and Landgrave Philip of Hesse on how to maintain the war regiment between them in the campaign against Duke Henry of Brunswick. July 13, 1542 1381

1438 Answer of Landgrave Philip of Hesse to the persons who presume to possess the Imperial Court of Appeal, to an informal, clumsy mandate, given on account of the suit against Duke Henry of Brunswick. July 27, 1542 1390

1439. The Roman King Ferdinand's assurance, given to the Elector John Frederick and the Landgrave Philip, because of the Brunswick train. Aug. 24, 1542 1395

1440 Luther's writing to the Elector of Saxony and the Landgrave of Hesse from the captured Duke of Brunswick. December 1545 1396

1441: Duke Moritz's letter of responsibility against Duke Henry of Brunswick's pretence that he had been imprisoned against given loyalty. April 5, 1546 1419

The second section of the nineteenth chapter.

About the discord between the Elector Johann Friedrich zu Lachsen and > Duke Moritz over the city of Wurzen, and about the campaign of Emperor > Carl V against the Schmalkaldic Covenanters.

1442. treaty of war and displeasure, between the Elector John Frederick and Duke Moritz, who rose because of spices. April 10, 1542 1436

1443 Luther's exhortation to the Elector John Frederick and Duke Moritz of Saxony and their estates to make peace because of the discord that had arisen over the city of Würzen. April 7, 1542 1440

1444 Luther's letter to Amsdorf concerning the matter of the city of Würzen. April 13, 1542 1446

1445: Carl V's Rescript to the Imperial Cities. June 17 1546 1448

1446 Covenant between Emperor Carl V and Pope Paul III against those who protested against the Concilium of Trent. June 26, 1546 1453

1447 Bull of the Great Indulgence granted by Pope Paul III for the campaign against the Protestants. July 4, 1546 1456

1448 A Christian prayer, in which the Elector of Saxony confesses his innocence of the present war before God and all the world, from the seventh Psalm 1461

1449 Instruction on what the parish priests should say to the people in these dangerous times, in Duke Moritz's lands and in Magdeburg. July 6, 1546 1463

1450. agreement between the Elector John Frederick of Saxony and the Landgrave Philip of Hesse, as it is between them.

Contents of the seventeenth part of Luther's complete writings. XV

Columne

as chief people of the Christian understanding shall be held. July 4 > 1546 1468

1451: Emperor Carl V's Declaration of Eight against the Elector John Frederick of Saxony and the Landgrave Philip of Hesse, together with the causes of the same 2c. July 20 1546 1470

1452: Letter of consolation from M. Caspar Aquila to the subsequently captured Elector Johann Friedrich. Aug. 16, 1547 1481

1453 Second letter of consolation to the Elector. Nov. 6, 1547 1485

Columne

1454 Letter of the Elector John Frederick from the prison at Ghent in Flanders to the Chancellor Brück. July 20, 1549 1488

1455: The two eldest sons of the captured Elector, who had taken over the government of the remaining lands, letter to a superintendent and a castle, from which also their constancy shines out beautifully Weimar, August 7, 1548 1491.

1456: Luther's last pamphlet. Fragment. Jan. 1546 1494

Documents related to the history of the Reformation.

B. Against the Reformed.

The first section.

The dispute over Holy Communion, its cause and progress.

A. How Ulrich Zwingli is to be regarded as the main author of this > dispute.

1 Zwingli's letter to Matthäus Alber in Reutlingen. Nov. 16, 1524 1512

2. D. Eck's letter to the Confederate Estates, in which he warns against the false doctrine of Zwingli and Oecolampad concerning the Lord's Supper, and offers a disputation against both. 28 Oct. 1525 1529

B. How the people of Strasbourg sent Gregory Casel, professor of the Hebrew language, to Luther so that he would not write against Zwingli and Oekolampad, and what he answered, also wrote to others about the spreading sacramental controversy.

Luther's reply to the Strassburgers. Nov. 5, 1525.

a. Luther's Letter to the Strasbourg Preachers 1532 > > b. Luther's Instruction for Gregor Casel, what Luther's letter to > Spalatin, Oct. 30, 1525 1538

5. Luther's letter to the Christians at Reut.lingen. 4 Jan. 1526 1539

6 Luther's letter to Michael Stiesel. Aug. 11. 1526 1544

7. Luther's letter to N. Hausmann. Sept. 13. 1526 1544

8 Luther's letter to Michael Stiefel. 25 Oct. 1526 1545

9 Luther's letter to N. Hausmann. Oct. 29. 1526 1546

C. From Theobald Billicanus' correspondence with Urban Rhegius on the words of the institution of the Lord's Supper.

10 Billican's letter to Urban Rhegius. 1525 1547

11. Rhegius' reply to Billican, Dec. 18. 1525 1565

D. How Brenz defended himself against Bucer's accusation that the latter was not faithful in the writings of Bugenhagen and Luther that he translated.

12 Joh. Brenz's letter to Bucer about the words: "This is my body", addressed to him for his defense. Oct. 3, 1525 1570

13 Luther's complaint in his writing: "That the words of Christ, that is my body, still stand firm," that Bucer had taken the liberty of introducing sacramentarian error into the translation of Luther's church postilion and Bugenhagen's Psalter. St. Louis edition, vol. XX, 888 ff, § 316 ff.

14 Luther's letter to Joh. Secerius, printer at Hagenau, and the same to . Joh. Herwagen, printer at Strasbourg. 13 sept. 1526 1578

15 Bucer's writing in which he responds to Luther's above letter. March 29, 1527. 1584

March 16: Bucer's letter to Bugenhagen, in which he answered Bugenhagen's accusation that he had wanted to bring him into suspicion of sacramentarian error. March 25.1527 1605

E. How Urban Rhegius sided with Zwingli and Oecolampad in 1527, but soon adopted Luther's opinion.

17 Luther's report to Spalatin about how Urban Rhegius threatened to write against him and did not want to offend Oecolampadius and Zwingli. Anh., No. 1.

18 Luther's report to Wenceslaus Link about how Urban Rhegius had turned back and was now bravely fighting with him against the Sacramentarians. St. Louis edition, vol. X, 1532.

The second section.

The actions of the disputation in Bern.

19. act or acta of the disputation held in Bern. Den 6. bis 26. January 1528.... 1616

XVI Contents of the seventeenth part of Luther's complete writings.

The third section.

Of the efforts of Landgrave Philip of Hesse to settle the sacramental dispute and bring about a union.

A. From the Colloquium at Marburg 1529.

Column

20. Luther's letter to Landgrave Philip of Hesse, in which he asks to come to Marburg, June 23, 1529; in two redactions.

a. Draft of this letter. 1932 > > b. The actual sent letter 1935

21. Melanchthon's concerns for Duke Johann Friedrich of this colloquium halben. May 14, 1529 1937

22 Melanchthon's letter to the Churprinzen Johann Friedrich, to which the previous concern was attached. May 14, 1529 1938

23 article, of which all the theologians present at Marburg have compared themselves. Oct. 3, 1529. Issued Oct. 5, 1529 1939

24 Melanchthon's Report of the Colloquium at Marburg to Elector John of Saxony .... 1943

25 Melanchthon's summary report on the Marburg action to Duke Henry of Saxony. October 5, 1529 or later. - 1946

26: Jonas' report of this conversation to Reiffenstein. Oct. 4, 1529 1950

27 Luther's letter to Nic. Gerbel about the Marburg conversation. Oct. 4, 1529 1952

28 Luther's Letter to Johann Agricola on the Marburg Conversation. 12 Oct. 1529 1954

29 Melanchthon's letter to Johann Agricola about the Marburg conversation. 12 Oct. 1529 1955

Luther's letter to Amsdorf in Magdeburg. 19 Oct. 1529 1956

31 Luther's letter to Wenc. Link in Nuremberg. 28 Oct. 1529 1957

32: Jonas' letter to Joh. Agricola at Saalfeld. Oct. 12, 1529 1959

33 Luther's letter to Jakob Probst, June 1, 1530, St. Louis edition, vol. XVI, annex, no. 2.

B. Landgrave Philip of Hesse's further efforts to unite at the Schmalkaldic Conventions of 1529 and 1531, as well as at the Imperial Diet in Augsburg in 1530.

34 Landgrave Philip of Hesse's Instruction, issued to the Baron of Boyneburg by the Elector of Saxony. St. Louis Edition, Vol. XVI, 569.

35 Luther's letter to Landgrave Philip, in which he warmly begs him not to be moved by the sweet words of the Widertheil. June 20, 1530 1960

36 Melanchthon's letter to Luther urging him to write to the landgrave. May 22, 1530, St. Louis edition, vol. XVI, 689.

37 Melanchthon's and Brenz's joint letter to the landgrave. June 11, 1530 1964

38 The landgrave's answer to this. 1967

Column

39 Melanchthon's and Brenz's Counter-Response- 1971

40 Luther's Letter to Bucer. Jan. 22, 1531 1973

41 Luther's concept of Bucer's proposals for comparison. End of Jan. or Ans. Feb. 1531... 1975

42 Luther's doubts as to whether an alliance with the Zwinglians could be made. St. Louis Edition, Vol. XVI, 518.

43 Luther's letter to Prince John about the settlement with Bucer.16 feb. 1531 1976

44 Luther's, Jonas's, and Melanchthon's concerns about Bucer's settlement proposals for Churfürst Johann or another princely person. About end of Feb. 1531 1978

45 Des Urban Rhegius und Erhard Schnepfius Bedenken, ob die Schweizer in den Schmalkaldischen Bund aufzunehmen sei. About January 1531 1980

The fourth section.

Of the Wittenberg Concordia diligently sought and also obtained by the Oberlanders.

Of Bucer's and Capito's correspondence with D. Brück and others, in which they pretend that the Oberlanders departed from Luther only in words, but not in matters.

46 Bucer's letter to D. Brück, with which he had nine Article sent over. July 1530 1984

47 Bucer's other letter to Chancellor Brück 1990

48 Melanchthon's letter to Bucer and his fellow "comrades". July 25, 1530.... 1990

49. Bucer's and Capito's reply to the above letter. July 28, 1530 1992
50. article, in which the discord about the presence of the body and blood of Christ in the Lord's Supper between Luther and Zwingli's co-religionists is primarily based 1997

51 Bucer's answer because of these articles to the Chancellor Brück. Aug. 1, 1530 1998

52 Melanchthon's letter to Martin Görlitz, preacher at Brunswick, in which he clearly indicates his thoughts on the Sacramentaries. About March 1530 2001

53 Luther's Letter to Duke Ernst at Lüneburg, in which he resisted a union with the Zwinglians. Feb. 1, 1531 2002

54 Wolfgang Musculus wrote two exhortations to Bucer to refrain from too much zeal for the Concord.

a. First letter, from the year 1532 2004 > > b. Second letter, dated Nov. 10, 1533. 2005

B. How Luther wrote to the council at Frankfurt, Augsburg and Münster, and how the preachers at Frankfurt and Augsburg declared themselves in favor of the doctrine.

55 Luther's warning to the people of Frankfurt am Main to beware of Zwinglian teachings. Written in the last months of 1532, issued in Jan. 1533 2007.

Contents of the seventeenth part of Luther's complete writings. XVII

Columne

56. apology of the preachers at Frankfurt a. M. on Luther's missive. March 1, 1533 2024

Luther's letter to the Augsburg City Council, in which he asks them to prevent the preachers there from adorning their Zwinglian teachings with his name. Aug. 8, 1533 2033

The preacher at Augsburg wrote a letter to the city council there in which they showed how far they and the people of Strasbourg were in agreement with Luther. September or early October 1533 2035

Luther's letter to the Augsburg City Council concerning the preachers' response to his letter (No. 57). Oct. 29, 1533 2046

Luther's warning to the council of Münster against the teaching of the Zwinglians and the sacramentalists. Dec. 21, 1532 2047

C. Of Bucer's and Melanchthon's meeting in Casse! in 1534. Luther's inclination toward the Concord and Bucer's proposed formula for it. 61.

61 Luther's misgivings about the union sought by the Zwinglians in the doctrine of the Lord's Supper, given to Melanchthon to take along to the action in Casse! 17 Dec. 1534 2048

Luther's concerns about the Lord's Supper.

3 (?) October 1529 2052

63 Bucer's opinion of Holy Communion.

After 17 Dec. 1534 2053

Luther's opinion of Bucer's explanation.

(See No. 41.)

65. "Bucer's Opinion." Excerpt from a brie of Melanchthon to Agricola. Early Feb. 1535 2056

Luther's objection to the Concordia on the prince's orders. Towards the end of January 1535 2057

Appendix to a statement by Luther about Bucer's opinion. Perhaps Dec. 17, 1534 2058

68 Melanchthon's letter to Brenz admonishing him from Concord. Jan. 12, 1535 2060

69 Melanchthon's letter to Brenz, to which he added Bucer's opinion. Early Feb.

1535 2062

70 Melanchthon's letter to Bucer, in which he informs him of Luther's inclination to unite. Feb. 3, 1535 2062

Melanchthon's letter to Urban Rhegius, to whom he sends Bucer's opinion. Early Feb. 1535 2064

D. Of the efforts of the preachers at Augsburg, Ulm and Strasbourg to promote the Concord.

The letter of Urban Rhegius to the preachers of Augsburg. July 14, 1535 2065

73 Des Justus Jonas Schreiben an die Prediger zu Augsburg, im Namen der Universität zu Wittenberg. July 19, 1535.. . 2067

74 Luther's Answer from the Augsburg Council's Advertisement Regarding Doctrinal Unification

of the Holy Communion. July 20, 1535 2068

Luther's letter to the clergy at Augsburg. July 20, 1535 2069

Columne

76 Melanchthon's letter to the clergy at Augsburg. July 21, 1535 2071

77 The Strasbourg Theologians' Letter to Luther. Aug. 19, 1535 2072

78 Luther's response to the above letter. 5 Oct. 1535 2074

79 Luther's letter to the preachers at Augsburg. Oct. 5, 1535 2076

80 Luther's letter to the preachers at Ulm. 5 Oct. 1535 2077

81 Luther's letter to Gereon Seiler in Augsburg. Oct. 5, 1535 2078

82 Luther's letter to D. Nicolaus Gerbel in Strasbourg. Nov. 27, 1535. ... 2079

83 Luther's letter to the preachers at Strasbourg. Nov. 27, 1535 2081

84 Two letters, Luther's and Melanchthon's, to Martin Schalling in Strasbourg. Nov. 27, 1535.

I. Luther's Letter to Schalling 2082 > > II Melanchthon's Letter to Schalling 2083

E. How the Concordia finally came about in Wittenberg, since the Convention could not be held in Eisenach or Grimma due to Luther's weakness.

85 Luther's letter to Martin Bucer. March 25, 1536 2084

86 Letter from Elector John Frederick to Luther. May 14, 1536 2085

87 Excerpt from a letter from the Elector to Chancellor Brück, with the same content 2086

88 Formula Concordia or Articles of Concord, which have been compared, approved and subsequently signed by both theologians. May 26, 1536 2087

89 Report of Myconius to Veit Dietrich, from the Convention at Wittenberg. June II, 1536 2090

90 Synodus Witebergensis, or circumstantial account of all the actions of the theologians and preachers at the Wittenberg Convention. Written jointly by the Oberland theologians on their journey home to Frankfurt. June 2--5, 1536 2099

Included in this writing: > > Luther's letter to Capito. May 12, 1536 2101

91 Bucer's exhortation to his comrades to subscribe to the Concordie. May 29, 1536. 2118

92 Luther's letter to the Strasbourg City Council. May 29 1536 2119

93 Capito's letter to Luther. July 20, 1536 2120

94 Bucer's letter to Luther. July 21, 1536 2122

F. From the letters of the cities of Augsburg, Ulm, Biberach, Strasbourg and Isny to Luther, because of their acceptance of the Concordie.

95. D. Gereon Seiler's letter to Luther. 8 (?) September 1535 2124

96 Letter from the Augsburg Ministry to Luther that the Concordia had been accepted by them. July 23, 1536 ... 2131

97 Letter from the preachers of the city of Ulm to Luther, same content. Oct. 31, 1536 2133

XVIII Contents of the seventeenth part of Luther's complete writings.

Columne

98 Luther's letter to the Ulm City Council. 14 Nov 1536 2135

99 The Strasbourg clergy wrote to Luther. Report on the acceptance of the Concordie. January 18, 1537 2136

100 Luther's Reply to the Council at Isny. Dec. 26, 1536 2138

101 Letter from the preachers at Augsburg to Luther. 8 (?) Sept. 1535 2139

G. About Luther's action with the Swiss because of the Concordia, especially with the seven cities.

102 Melanchthon's letter to the seven cities of the Swiss, done by order of Chur-princes. March 5, 1537 2141

103 Luther's conversation with Bucer, held in Gotha. hold in the first days of March 1537 2142

104 Luther's letter to the Swiss. 1 Dec. 1537 2143

105 Luther's letter to Bucer in Strasbourg 6 Dec. 1537 2147

106. Bücer's letter to one of Luther's table visitors. Jan. 10, 1538 2148

107 Des Petrus Concenus, preacher in Bern, letter to a table companion of Luther. 2 Feb 1538 2150

H. About the convention held in Zurich in April 1538 and the renewed correspondence between the Swiss and Luther..

108 The Swiss wrote to Luther concerning the Concordie. May 4, 1538 2154

109 Summary of some questions raised by the preachers at the meeting in Zurich, together with Bucer's answer 2156

110 Bucer's letter to Martin Frecht, preacher at Ulm, with which he sends him the previous writing. May 20, 1538 2160

111 Luther's answer to the above letter from the Swiss (No. 108). June 27, 1538 2161

112 The Strasbourg Letter to the Council of Basel. Aug. 26, 1538 2162

113 Capito's letter to Wittenberg. Aug. 13. 1538 2163

The fifth section.

In 1542, the sacramental controversy was again addressed, and Luther was again urged to oppose the Zwinglian errors.

A. About the discord that arose at Frankfurt am Main over Holy Communion and Bucer's articles for its settlement.

114 Concordia, that is, Martin Bucer's articles of agreement, between the preachers of Frankfurt. Dec. 9, 1542 2164

B. How Luther here and there warned against the Sacramentarians and decided to publicly declare himself against them; and what the Elector of Saxony did when he received news that Luther himself did not want to spare Melanchthon. Columne .

115. Luther's letter to Christoph Froschauer, printer in Zurich, in which he declares that he no longer wants to have anything to do with the clergy in Zurich. Aug. 31, 1543 2169
116. Instruction from the Elector of Saxony to Brück, the chancellor sent to Wittenberg, after it had become known at court that Luther wanted to write against the Swiss and also attract Melanchthon himself. September 1537 2170

117: Brück's report to the Elector on what Luther had done. of Melanchthon. Sept. 18 or 19, 1537 2171 118. Luther's short confession of the Lord's Supper. End of September 1544. St. Louis edition, vol. XX, 1764.

119 Bucer's letter to Luther. Sept. 9, 1544 2172 120 Luther's letter to Balthasar Alterius and his comrades in Italy. November 12, 1544 2174

Luther's letter to Jakob Probst in Bremen. January 17, 1546 2177

The sixth section.

Of some particular disputes and sects.

A. About the discord that arose at Tetschen in Bohemia between the Lutheran preacher Dominicus Beier and some others over the matter of the law.

122 Historical narrative of this dispute 2178

123 Cry of Wolfgang von Saalhausen ben to D. Martin Luther, in which he asks him for instruction. July 27, 1524 2181

124 Luther's response to the above writing. Aug. 3, 1524 2182

125 A contract D. Martin Luther, Pomeranus' and Melanchthon between Dominicus Beier and D. Martin Becker at Tetschen. Shortly before or on 3 Aug. 1524 2183

B. The dispute that arose between Melanchthon and Agricola on the occasion of the visitation order written by the former.

126 Luther's letter to the Elector John of Saxony concerning the order of visitators established by Melanchthon. Oct. 12, 1527 2185

127 Luther's letter to Agricola, asking him not to hinder the church visitation by arguing with Melanchthon. In the appendix of this volume No. 3.

128 Luther's letter to Melanchthon that he considered the dispute between him and Agricola to be only a dispute over words. St. Louis Edition, Vol. XV, No. 121, § 2.

129 Luther's report to Jonas that this dispute was soon settled. Anh., No. 4, § 4.

Contents of the seventeenth part arranged in chronological order. XIX

C. About the special sect of the Sacramentirs, which arose from Schwenkfeld and Krautwald, and about the enthusiasm of the Anabaptists.

130 Luther's report to Spalatin that in Silesia Schwenkfeld and Krautwald denied the presence of Christ in Holy Communion in a different way. St. Louis edition, vol. XV, appendix, no. 128,

131 Luther's letter to Hess on the same matter. Anh., No. 5.

132 Luther's distress testified against Joh. Hess that the Anabaptists had gained the upper hand in Silesia. Appendix, No. 6.

133 Luther's letter to Wilhelm Pravest, preacher at Kiel, in which he complains about the aergernifse caused by the abolition of the ceremonies and warns against the Anabaptist Melchior Hofmann. Anh., No. 7.

134 Luther's letter to Amsdorf that he could not write against Melchior Hofmann because of business. Anh., No. 8.

135 Luther's report to Wenc. Link on the steadfastness of the executed Anabaptists. Anh., No. 9.

Column

136 Luther's letter to two pastors, about rebaptism. Beginning of February 1528 2187

137 Luther's report to Jakob Probst that he wanted to challenge the Anabaptists with the above letter. Anh., No. 10.

138 Luther's letter to Spalatin, with which he sends him the above letter on rebaptism. Annex, No. 11.

Appendix of several of Luther's letters.

1. to Spalatin. March 11, 1527. 2224
2. to Wenc. Link. July 14, 1528. St. Louis edition, vol. X, 1533.
3. To Joh. Agricola. Aug. 31, 1527 2227
4. To Justus Jonas. 10 Dec. 1527 2228

5 To Joh . Hess. April 22, 1526 2231

6. To Joh. Heß. Jan. 27, 1528 2233
7. To Wilh. Pravest. March 14, 1528 2234
8. To Nic. Amsdorf. Nov. 25, 1528 2235
9. To Wenc. Link. 12 May 1528 2236
10. To Jakob Probst. 31 Dec. 1527 2237
11. To Georg Spalatin. 5 Feb. 1528 2239

Index of the writings contained in this volume, to which a date is appended, arranged in chronological order.

1524. No.

July 27 Wolfgang von Saalhausen's letter to Luther 123

Aug. 3 or shortly before. A contract D. M. Luther 2c. between Dominicus Beier and 24. Martin Becker zu Tetschen 125

Aug. 3 Luther's response to this 124

Nov. 16 Zwingli's letter to Matthew Alber 1

Oct. 3: Letter from Joh. Brenz to Bucer 12

Oct. 28: Eck's letter to the Confederate Estates 2

Oct. 30 Luther's letter to Spalatin 4

Nov. 5 Luther's letter to the Strasbourg preachers 3a

Nov. 5 Luther's Instruction for Georg Casel to the Strasbourg 3b

No date. Billican's letter to Urban Rhegius 10

Dec. 18 Des Rhegius response to Billican 11

Jan. 4 Luther's letter to the Christians at Reutlingen 5

April 22 Luther's letter to J. Hess ...Anh., No. 5,

Aug. 11 Luther's letter to Michael Stiefel 6

Sept. 13 Luther's letter to Nic. Hausmann 7

Sept. 13 Luther's letter to Joh. Secerius on Hagenau and Joh. Herwagen at Strasbourg.... 14

Oct. 25 Luther's letter to Michael Stiefel 8

Oct. 29 Luther's letter to Nic. Hausmann 9

1527. No.

March 11 Luther's letter to Spalatin. Anh., No. 1.

March 25 Bucer's letter to Bugenhagen 16

March 29. Bucer's letter to Luther, in which he answering for forgery of the Postille 15

Aug. 31. Luther's letter to Johann Agricola. Anh., No. 3.

Oct. 12 Luther's Letter to the Elector John on account of the order of visitators.... 126

Dec. 10. Luther's letter to Justus Jonas. Anh., No. 4.

Dec. 31 Luther's letter to Jakob Probst. Anh., No. 10.

Jan. 6 to 26 Action of the disputation held in Bern 19

Jan. 27. Luther's letter to J. Heß....Anh., No. 6.

Feb. beginning. Luther's letter to two pastors from rebaptism 136

Feb. 5 Luther's letter to Spalatin. Anh., No. 11.

March 14 Luther's letter to Wilh. Pravest. Anh., No. 7.

May 12. Luther's letter to Wenc. Link. Anh., No. 9.

Nov. 25: Luther's letter to Nic. Amsdorf. Anh., No. 8.

XX Contents of the seventeenth part arranged in chronological order.

1529. No.

May 14 Melanchthon's concerns about the colloquium at Marburg 21

May 14 Melanchthon's letter to Duke Joh. Frederick of Saxony 22

June 23 Luther's draft letter to the Landgrave Philip of Hesse 20a

June 23. the letter really sent 20b

Oct. 3. (?) Luther's Concerns Concerning the Lord's Supper 62

Oct. 4. Jonah's report on the conversation on Marburg 26

Oct. 4. Luther's letter to Nic. Gerbel about the same 27

Oct. 5. articles about which one has compared to Marburg 23

Oct. 5 or later. Melanchthon's report on the Marburg conversation to Duke Henry 25

Oct. 12 Luther's letter to Joh. Agricola about the Marburg Talk 28

Oct. 12 Melanchthon's letter to Joh. Agricola about the Marburg conversation 29

Oct. 12 Des D. Jonas letter to Joh. Agricola ... 32

" 19 Luther's letter to Amsdorf 30

" 28 Luther's letter to Wenc. Link 31

About May. Melanchthon's letter to Martin Görlitz 52

June 11 Melanchthon's and Brenz's letter to Landgrave Philip of Hesse 37

June 20 Luther's letter to Landgrave Philip of Hesse 35

July. Bucer's letter to D. Brück, with which he sends nine articles 46

July 25 Melanchthon's letter to Bucer and his comrades 48

July 28 Bucer's and Capito's response to this.... 49

Aug. 1 Bucer's reply to Chancellor Brück concerning Article 51.

Jan. 22 Luther's letter to Bucer 40

About Jan. Des Urban Rhegius and Erhard Schnepf

Concerns about whether the Swiss should be admitted to the Schmalkaldic League 45

End of Jan. or Ans. Feb. Luther's notion of Bucer's proposals for comparison 41

Feb. 1 Luther's letter to Duke Ernst on Lüneburg 53

Feb. 16: Luther's Letter to the Elector Johann on the settlement proposals 43

About end of Feb. Luther's and his colleagues' concerns about settlement proposals 44

Sept. 5. Luther's letter to D. Barnes on. Henry VIII divorce 1268

No date. Wolfgang Musculus' Letter of Admonition to Bucer 54a

Dec.21 Luther's warning to the Münster City Council 60

Jan. Luther's warning letter to the people of Frankfurt 55

March 1 Apology of the preachers at Frankfurt 56

Aug. 8 Luther's letter to the Augsburg City Council 57

1533No .

Sept. or Ans. Oct. The preacher at Augsburg wrote to the city council there 58

Oct. 29 Luther's reply to the Augsburg council, which sent him the above letter 59

Nov. 10 Des Musculus' second letter of exhortation to Bucer 54b

Dec. 17 Luther's Concerns about Union with the Zwinglians 61

Dec. 17 (perhaps). Appendix to a statement by Luther on Bucer's opinion 67

After Dec. 17, Bucer's opinion of Holy Communion 63

Jan. 12 Melanchthon's letter to Brenz 68

Towards the end of Jan. Luther's concerns from Concordie 66

Feb. 1 King of France's letter to the Estates of the Empire from Concilio 2c. 1282

Ans. Feb. "Bucer's Opinion," from a letter of Melanchthon to Agricola 65

Ans. Feb. Melanchthon's letter to Brenz, to which Bucer's opinion is appended. 69

Feb. 3 Melanchthon's letter to Bucer 70

Early Feb. Melanchthon's letter to Urban Rhegius, to whom he sends Bucer's opinion 71

March 13 Melanchthon's letter to King Henry VIII of England 1267.

June 23 King Francis I's letter to Melanchthon inviting him to France 1284

July 14: Urban Rhegius' letter to the preachers at Augsburg 72

July 19: Justus Jonas' letter to the preachers at Augsburg 73

July 20 Luther's Response to the Augsburg Council's Advertisement 74

July 20/ Luther's letter to the clergy at Augsburg 75

July 21 Melanchthon's letter to the clergy at Augsburg 76

About Aug. 17 Melanchthon's letter to Elector John Frederick concerning permission to travel to France 1285

Aug. 17 Luther's letter to the Elector John Frederick concerning this permission to travel to France in 1286.

Aug. 19 The Strasbourg Theologians' Letter to Luther 77

Aug. 28 Melanchthon's letter of apology to the King of France 1287.

Sept. 8 (?) D. Gereon Seiler's letter to Luther 95

Sept. 8 (?) Letter from the preachers at Augsburg to Luther 101

Sept. 12 Luther's and his colleagues' intercession for D. Barnes for a secret audience with the Elector 1280

Oct. 5 Luther's reply to the letter of the Strasbourg theologians 78

Oct. 5 Luther's letter to the preachers at Augsburg 79

Oct. 5 Luther's letter to the preachers at Ulm 80

Contents of the seventeenth part arranged in chronological order. XXI

1535 No.

Oct. 5 Luther's letter to Gereon Seiler on Augsburg 81

Nov. 27 Luther's letter to Nie. Gerbe! In Strasbourg , 82

Nov. 27 Luther's letter to the preachers at Strasbourg 83

Nov. 27 Luther's letter to Martin Schalling in Strasbourg 84a

Nov. 27 Melanchthon's letter to Martin Schalling in Strasbourg 84b

Dec. 20. Spalatin's Protocoll on the Conversation with the French Envoy Longaeus 1283.

Jan. 28 Luther's Letter to the Elector Joh. Friedrich because of the English embassy 1281

March 25 Luther's letter to Martin Bucer.... 85

Apr. 25 Luther's letter to Vice Chancellor Franz Burkhard 1279

May 12, Luther's letter to Capito. Contained in 90

May 14: Letter from the Elector to Luther. 86

Around this time, letter from the Elector to D. Brück 87

May 26 Article of the Wittenberg Concord, approved by both parts 88

May 29 Bucer's exhortation to his comrades to join the Concordie 91.

May 29: Luther's letter to the Strasbourg City Council 92

June 2 to 5. narration of all actions on the Convent of Wittenberg 90

June 11 Report of Myconius on the Wittenberg Convention 89

July 20 Capito's letter to Luther 93

July 21 Bucer's letter to Luther 94

July 23: The Ministry of Augsburg writing to Luther 96

Sept. 29 Renewal of the Schmalkaldic Federal 1263

Sept. 29 Order of the Schmalkaldic League 1264

Oct. 31 Letter from the preachers of the city of Ulm to Luther 97

Nov. 14 Luther's letter to the Ulm City Council 98

Dec. 26 Luther's letter to the council at Isny 100

Jan. 18: The Strasbourg clergy write to Luther 99

Beginning of March. Luther's Conversation with Bucer 103

March 5 Melanchthon's letter to the Swiss 102

July 7 Revers of the Dukes Henry and Moritz of Saxony 1265

Sept. Des Churfürsten zu Sachsen Instruction für D. Bridge 116

Sept. 18 or 19 Report of Chancellor Brück to the Elector 117

Dec. 1 Luther's letter to the Swiss 104

Dec. 6 Luther's letter to Bucer 105

Jan. 10 Bucer's letter to a table-goer of Luther's 106

Feb. 2 Petr. Concenus' letter to one of Luther's table visitors 107

1538 No.

Apr. 9 Understanding of the King of Denmark with the Schmalkaldic Covenanters 1266

Apr. 16 Proposal of some estates against the Chamber Court 1250

Apr. 16. what is answered to it at Brunswick 1251

May 4 Swiss letter to Luther concerning the Concordia 108

May 20 Bucer's letter to Martin Frecht on Ulm 110

June 10 Nuremberg Catholic Counterunion 1248

June 10 Constitution 1249

June 27 Luther's response to the letter of the Swiss Ill.

Aug. 5. the protestant envoy's writing to Henry VIII of England 1269

Between Aug. 5 and Oct. 1 The King of England's answer to this 1270

Aug. 13 Capito's letter to Wittenberg. ... 113

Aug. 26 Strasbourg letter to the Basel City Council 112

Sept. 1 Letter from the Elector of Saxony and the Landgrave of Hesse to the King of England concerning a rebaptizer in 1272.

Oct. 1. of King Henry VIII of England Letter to the Elector of Saxony 1271

Nov. 13 Letter from the Elector of Saxony and the Landgrave of Hesse complaining about the excesses of the Court of Appeal 1252

Feb. Luther's exhortation to all pastors 1289

March 2 Luther's letter to Melanchthon 1290

March 13 Melanchthon's letter to Brenz from the Convention at Frankfurt in 1291.

March. Articles distributed in England about Luther's Apostasy from the pure doctrine 275

Apr. 1 Melanchthon's letter to Henry VIII in 1273.

Apr. 19. Settlement between Emperor Carl V and the Augsburg Confessionals. ... 1292

June 28 Edict in. England enjoining to keep the papal doctrine 1274

Oct. 23 Luther's and his colleagues' concerns about behavior against England 1276

Oct. 23 Luther's letter to the Elector in the same matter 1277

Nov. 1 Melanchthon's letter to King Henry VIII 1278

Nov. 27 Duke Henry of Saxony's questions to the theological faculty 1293

Without date. Recusation document, in which the Protestant religious relatives declare the Chamber Court at Speier to be biased. 1253

First half of Jan. Concerns of the Protestant Theologians for the Day at Schmalkalden 1295

Jan. 18 Luther's letter to the Elector John Frederick, with which he sends the above concern 1296

Jan. 22 Cruciger's letter to Caspar Börner at Leipzig 1294

XXII. contents of the stebMdhyten part arranged according to the time sequence.

1540 No.

Feb. 25 Luther's Letter to the Electorbecause of his presence at Schmalkalden. .. 1297

March or April. Luther's letter to the Schmalkalden present theologians 1298

Apr. 11. of the Evangelical Church in Schmalkalden about given answer 1299

Around the same time. Melanchthon's letter to Luther 1300

Apr. 18: The emperor's call for tenders for a meeting in Speier 1301

Between 18 Apr. and 23 May. Writing of the papal envoy to the emperor. 1304

May 9: The Elector of Saxony and the Land Count of Hesse Reply to No. 1301 1302

June 10: Luther's letter to the Elector, The colloquium at Hagenau in 1303

June 17. Cochlaeus' concerns about the Augsburg confession 1305

Late year. Concerns on the day to Worms 1306

Oct. 10 Imperial order for the Lord of Granvella 1308

Oct. 12 The emperor's letter of apology from its long absence 1309

Oct. 13 The emperor's credentials for Granvella 1311

Nov. 2 Melanchthon's letter to Camerarius 1314 Nov. 2 Granvella's letter of apology. because of its late arrival 1310

Nov. 2 Duplicate of Duke Heinrich zu Braunschweig against the Churfürsten of Saxony 1435

Nov. 4 Melanchthon's letter to Veit Dietrich 1313

Nov. 17 Melanchthon's letter to Veit Dietrich 1315

Nov. 21 Luther's letter to Melanchthon 1316

Nov. 24 Luther's letter to Melanchthon 1317

Nov. 24. Melanchthon's letter to Camerarius 1318

Nov. 25. content of Granvella's speech to the convent at Worms 1320

Nov. 26 Response of the Catholic Estates to this speech 1321

Nov. 26 Proposals of the Presidents of the Convention. about the order to be observed 1322

Nov. 28 Melanchthon's letter to Hier. Baumgärtner 1319

Dec. 8 Papal Nuncio Campegius Speech in the assembly 1328

About Dec. 9. response of the Protestants to the oath of notaries concerning 1333

Dec. 13. conversation of the Protestants with Granvella about the oath of notaries 1336

Dec. 16 Protestants seek explanation of answer given them by Presidents 1335

Dec. 17 Melanchthon's letter to Luther 1349 Dec. 21 The Protestant Theologians 2c. Request to Granvella and the presidents 1337

Dec. 22 Melanchthon's letter to Granvella 1338

Dec. 25 Melanchthon's letter to Camerarius 1348

Dec. 26 Response of the presidents' councils to the Protestants desire 1339

Dec. 27 Response of the protesting estates to the previous writing 1340

Dec. 28 Response of the protesting Estates to the imperial orator 1341

Dec. 28 Melanchthon's letter to Luther 1350

Dec. 31 Response of the Protestants to the Counts of Manderscheid etc. 1342

1541. No.

Jan. 1: Speech of Peter Paul Vergerius delivered at Worms in 1347.

Jan. 2 The President's Response to the Writs of Protest 1343

Jan. 5 The protester's response to this 1344

Jan. 12. of the imperial orator and the president answer 1345

Jan. 12: The protester's reply 1346 Jan. 13: Melanchthon's letter to Camerarius 1351

Jan. 14-18: Conversation between Melanchthon and Camerarius 1351

Jan. 14-18. and corner at Worms 1353

Jan. 18 Imperial rescript to Granvella that he should cancel the colloquium 1352

Jan. 18. farewell at Worms 1355

Jan. 18 Departure of the protesting councils and envoys at Worms 1356

Jan. 19. Three letters of Melanchthon, to Dietrich, Camerarius and Baumgärtner 1357

Jan. 26 Carl V's escort letter for the Elector John Frederick of Saxony and the Landgraves of Hesse at the Diet of Regensburg. 1358

March 12 Luther's letter to Prince Wolfgang of Anhalt 1359

March 31 Luther's Letter to the Elector John Frederick 1360

Apr. 1 Luther's writing "Wider Hans Wurst" 1436

Between 4 and 7 Apr. Luther's concerns about religious unification 1370

Apr. 5 The emperor's first speech at the Imperial Diet in Regensburg 1361

Apr. 8 Response of the protesting estates to this 1362

Apr. 11 The emperor's answer 1363

Apr. 12 The protester's reply 1364

Apr. 12 The other party's reply to the answer first lecture 1365

Apr. 20 The emperor's notification of the persons he has appointed to the colloquium 1366

Apr. 22 Supplication of the Protestant Colloquents 1367

Apr. 22. cover letter to this supplication 1368

Shortly before May 10 Luther's letter to the Elector of Saxony 1371

May 19. excerpt from a letter of Cruciger to Bugenhagen 1373

June 1 Luther's and Bugenhagen's letter to the Elector 1372

June 6: Luther's letter to the Elector. .. 1374

June 10: Several princes, especially the one from Anhalt, advertising to D. Luther 1375

June 12 Luther's response to it. 1376

June 24 Luther's and Bugenhagen's letter to the Elector about the Regensburg Interim 1377

June 29: Luther's letter to the Elector about the compared articles 1378

July 2 The Emperor hands over the plot of the Talks to the Estates for Consultation 1380

July 2 Response of the Estates thereto 1381

About July 4. D. Eck's false testimonies, which he wrote about has handed in the book submitted for the colloquium' 1397

July 6 Des Julius von Pflug and Joh. Gropper Complaints filed with the presidents against Eck 1398

July 7 The emperor's reply to No. 1381 1382

Contents of the seventeenth part arranged in chronological order. > XXIII

1541 No.

July 12 Response of the protesting estates to the emperor 1383

July 12 Emperor's farewell proposal 1385

July 12: The papal envoy's reply to the emperor from the interview 1386

July 12 The papal envoy's document exhorting the bishops to reformation 1387

About the 2nd week of July. Imperial certificate for Pflug and Gropper 1399

July 14 Protestants' reply to the emperor's farewell objection (No. 1385) 1391

July 17: The Elector's Answer to the Emperor's Farewell Concern (No. 1385) 1390

July 17 The other princes' reply to Kaißer's farewell objection (No. 1385) 1392

July 18 The envoys of the cities' answer to the emperor's farewell objection (No. 1385) 1393

July 18: Emperor's letter to the Elector of Saxony that he should not prevent Pflug's election as bishop 1254a

July 19. the second writing of the papal legate, in which he explains his answer (No. 1386) 1389

July 20 Responsibility of Protestant preachers against the writings of the papal legate 1388.

July 22 Imperial order to Naumburg and Zeitz to pay homage to Julius Pflug as bishop 1254k

July 23 The emperor's other parting concern 1394

July 25. the protestors answer to it 1396

July 26 The Catholic Estates' Response 1395

July 26. the Cardinal's Contarenus' writing to the imperial estates 1400

July 26 Response of the Electors and Estates to the Request of the Legate 1401

Around this time. The writing of the protesting preachers to the legate 1402

July 29. farewell of the Diet of Regensburg 1403

July 29 Imperial Declaration on the Imperial Diet farewell given to Protestants 1404

Aug. 4 Luther's letter to Elector John Frederick of Saxony about the printing of the Regensburg Interim 1379.

Jan. 16 Julius von Pflug's proclamation that he accepts the election as bishop 1254a

January. The Julius von Pflug Supplication

to the Imperial Estates against the Elector 1255 Soon thereafter. The Elector's responsibility

against Pflug's complaints 1256

Beginning of March. Luther's writing: "Exemplar a

right Christian bishop to consecrate" 1257

March 5 Luther's letter to Bishop Amsdorf. ... 1258 April 7 Luther's exhortation to peace to

the Saxon princes because of Wurzen 1443

April 10 King Ferdinand's declaration on the

Imperial Diet at Speier .' 1405

April 10 Treaty of unwillingness between the

Saxon princes because of Wurzen 1442

April 11. farewell of the Diet of Speier 1406 April 13. Luther's letter to Amsdorf on the matter.

of the city of Wurzen.. 1444

1542 No.

May 22: Bull of Pope Paul III announcing a concilium in Trent 1408.

July 13 Treaty of Eisenach between the Elector of Saxony and the Landgrave of Hesse concerning the war regiment in the war against Brunswick in 1437.

July 27 Response of the Landgrave of Hesse to a Mandate of the Court of Appeal on account of the Draught against Brunswick in 1438.

Aug. 24: King Ferdinand's assurance, given to the Elector and the Landgrave, on account of the Brunswick train ... 1439

Aug. 25 Emperor's reply to the Pope's bull (No. 1408) 1409

Dec. 9 Concordia, established at Frankfurt 114

Aug. 31 Luther's letter qn the printer Christoph Froschauer in Zurich 115

About May. The Elector Johann Friedrich's other writing against Julius Pflug 1259

June 10 Emperor Carl V's mandate to the Elector concerning Bishop Julius Pflug 1260

June 10 Farewell of the Diet of Speier 1415

Aug. 24 Pope Paul III's exhortation to the emperor 1416

Sept. 19 Bucer's letter to Luther 119

Nov. 12 Luther's letter to Alterius and comrades in Italy 120

Nov. 19: Repeated announcement of the Council of Trent by Pope Paul III in 1410.

Jan. 14 The "Wittenberg Reformation" or Essay by Protestant Theologians of Reformation and Church Regiment 1419.

Jan. 14 Letter of the Wittenberg theologians to the Elector, sent with the previous writing 1420

March 26 Luther's writing: "Wider das Pabstthum zu Rom, vom Teufel gestiftet" 1418

Aug. 4 Farewell to the Diet of Worms 1423

Oct. 15 Carl V's penal mandate to the Elector on account of Bishop Julius Pflug 1261

Dec. Luther's writing to the Elector and the Landgrave from the captured Duke of Brunswick 1440

Jan. Luther's last pamphlet 1456

Beginning of the year. From the opening of the Council of Trent 1411

Jan. 6 Myconius' letter to D. Ratzeberger 1433

Mid-Jan. Luther's conversation with Myconius before the latter's departure for the Regensburg Colloquium in 1425.

Jan. 17 Luther's letter to Jakob Probst 121

Feb. 3 Imperial Rescript to the Collocutors and the Audience of the Colloquium 1428

Feb. 5 Speech of Peter Malvenda at the opening of the Colloquium. 1426

XXIV Letters of Luther arranged in chronological order.

IH4S Nv.

Feb. 26 The emperor's order of the colloquium half 1429

March 20 The Protestant Collocutors Written Protestation 1431

April 5 Duke Moritz's responsibility against Duke Henry of Brunswick's pretence as if he had been caught against given loyalty 1441

April 8 Two Decrees of the Tridentine Council 1414

April 16: The Elector's letter in response to the imperial penal mandate (No. 1261) 1262

June 17. Carl V's Rescript to the Imperial Cities.... 1445

June 24: Farewell to the Diet of Regensburg 1434 June 26: Covenant between the Emperor and the Pabst resisters the Protestants 1446

July 4 Bull of the Great Indulgence, issued for the war campaign against the Protestants in 1447.

July 4 Farewell between the Elector and the Landgrave 1450

July 6 Instruction on what the parish priests should hold before the people in these perilous times 1449

1548 Nv.

July 20 Emperor's declaration of respect against the Elector and the Landgrave 1451

No date. Causes why the Protestant Estates do not attend the Trent Concil 1412

Without date. Recusation of the Protestant Estates against the Concilium 1413

Aug. 16: M. Caspar Aquila's letter of consolation to the sangChurfürst 1452

Nov. 6: M. Caspar Aquila's second letter of consolation to the captured Elector 1453

Aug. 7. of the two eldest sons of the Elector Schxeiben to a superintendent etc 1455

July 20 Letter of the captured Elector to Chancellor Brück 1454

A list of Luther's letters contained in this volume, arranged in chronological order.

1524. no.

Aug. 3 To Wolfg. von Saalhausen 124

Aug. 3 Contract D. M. Luther between Dominicus Beier and M. Becker 125

Oct. 30 To Spalatin 4

Nov. 5 To the preachers of Strasbourg 3a

Nov. 5 To Georg Casel, Instruction 36

Jan. 4 To the Christians of Reutlingen 5

April 22. to Joh. Heß Anh., No. 5.

Aug. 11. to Mich. Boots 6

Sept. 13 To Nic. Hausmann 7

Sept. 13 To Secerius and Herwagen 14

Oct. 25. to Mich. Boots 8

Oct. 29. to Nic. Hausmann 9

March 11 To Spalatin Anh., No. 1.

Aug. 31 To Joh. Agricola Anh., No. 3.

Oct. 12 To the Elector Johann 126

Dec. 10. to Justus Jonas Anh., No. 4.

Dec. 31 To Jakob Probst Anh., No. 10.

Jan. 27 To Joh. Heß Anh., No. 6.

Ans. Feb. To two parish priests on rebaptism 136

1528 No.

Feb. 5 To Spalatin Anh., No. 11.

March 14. to Wilh. Pravest Anh., No. 7.

May 12. to Wenc. Link Anh., No. 9.

Nov. 25 To Nic. Amsdorf Anh., No. 8.

June. To Landgrave Philip (draft) 20a

June. To Landgrave Philip (letter) 20d

Oct. 3(?). Concerns about the Lord's Supper 62

Oct. 4. to Nic. Gerbel 27

Oct. 12 To Joh. Agricola 28

Oct. 19. to Amsdorf 30

Oct. 28. to Wenc. Link 31

June 20 To Philip of Hesse 35

Jan. 22. to Bucer 40

Feb. 1 To Duke Ernst of Lüneburg 53

Feb. 16 To Prince John 43

Approximately end of Feb. Concerns. 44

Sept. 5. To D. Barnes 1268

Dec. 21 To the City Council of Münster 60

January. To the Frankfurt 55

Aug. 8 To the Augsburg City Council 57

Oct. 29 To the Augsburg City Council 59

Luther's letters arranged in chronological order. XXV

1534. No.

Dec. 17. concerns 61

Towards the end of January. Concerns 6

July 20 To the Augsburg City Council 74

July 20 To the clergy at Augsburg 75

Aug. 17 To Elector John Frederick 1286

Sept. 12 To the Elector Johann Friedrich 1280

Oct. 5 To the preachers of Strasbourg 78

Oct. 5 To the preachers at Augsburg 79

Oct. 5 To the preachers at Ulm 80

Oct. 5. to Gereon Seiler 81

Nov. 27 To Nic. Gerbel 82

Nov. 27 To the preachers of Strasbourg 83

Nov. 27 To Martin Schalling 84 a

Jan. 25 To Elector John Frederick 1281

March 25. to Bucer 85

April 25 To Franz Burkhard 1279

May 12. to Capito. Included in 90

May 29. To the Strasbourg City Council. 92

Nov. 14 To the Council of Ulm 98

Dec. 26 To the council of Isny 100

Dec. 1. To the Swiss 104

Dec. 6. to Bucer 105

June 27 To the Swiss 111

Feb. To all parish lords 1289

March 2 To Melanchthon 1290

Oct. 23. concern 1276

Oct. 23 To the Elector John Frederick 1277

1540. No.

First half Jan. Concerns 1295

Jan. 18 To the Elector John Frederick 1296

Feb. 25 To the Elector John Frederick 1297

March or April. To the theologians at Schmalcalden 1298

June 10 To the Elector 1303

Nov. 21 To Melanchthon 1316

Nov. 24 To Melanchthon 1317

March 12. to Wolsgang zu Anhalt. 1359

March 31 To the Elector John Frederick 1360

Between April 4 and 7. Concerns 1370

Shortly before May 10. To the Elector Joh. Friedrich 1371

June 1 To the Elector John Frederick 1372

June 6 To the Elector John Frederick 1374

June 12 To several princes, especially Anhalt ... 1376

June 24 To the Elector 1377

June 29 To the Elector 1378

Aug. 4 To the Elector 1379

March 5 To the Bishop Amsdorf 1258

Aug. 31 To Christoph Froschauer 115

Nov. 12 To Alterius in Italy 120

Jan. 14 To the Elector John Frederick 1420 Dec. To the Elector John Frederick 1440

Jan. 17 To Jakob Probst 121

Reformation Writings.

First part: Historical documents.

A. Against the Papists.

Conclusion.

The sixteenth chapter.

Of the insults and grievances suffered by the Protestants by the Holy League established at Nuremberg and by the Supreme Court processes.

First Section.

On the Nuremberg Holy League or Liga sancta opposed to the Schmalkaldic League.

1248 The Nuremberg Catholic Counter-Covenant, established by the Roman Imperial and Royal Majesty, as well as other princes and rulers of the Holy Roman Empire, for the protection of the old Catholic religion and what is dependent on it, contrary to the Schmalkaldic Covenant, the 10th day of June, 1538.

This and the next following writing is from Hortleder, von den Ursachen des deutschen Krieges, tont. I, lib. VIII, eup. 14. 15, S. 1343.

We Carl the Fifth, by the Grace of God Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicily, Jerusalem, Hungary, Dalmatia, Croatia 2c. King, Archduke of Austria, Duke of Burgundy, of Brabant, Count of Habsburg, Flanders and Tyrol 2c..,

for us and our descendants in the Empire. And we Ferdinand, by the same graces Roman King, at all times Major of the Empire, in Germania, Hungary, Bohemia, Dalmatia, Croatia and Slavonia 2c. King; Infante in Hispania, Archduke of Austria, Duke of Burgundy, Styria, Carinthia, Crain and Würtemberg, Count of Tyrol 2c. And we Albrecht, by the same graces of the Holy Roman Church of the title Sancti Petri ad vinculu Priest-Cardinal and Legatus natus, Archbishop of Magdeburg and Mainz, Primus of the Holy Roman Empire through Germania, Archchancellor and Elector, Administrator of the Abbey of Halberstadt, Margrave of Brandenburg, of Stettin, of Pomerania, Duke of the Cassnben and Wenden, Burgrave of Nuremberg and Prince of Rügen, on account of our Archabbishoprics and Abbeys of Magdeburg and Halberstadt. And we Matthew, also by the grace of God of the Holy Roman Church of the title Sancti Angeli Car-.

2 Cap. 16: Measures of the Catholics. W. xvn, 5-8. 3

dinal and Archbishop of Salzburg, Legate of the See of Rome. And we Wilhelm, and we Ludwig, by the grace of God Palgraves on the Rhine, Dukes in Upper and Lower Bavaria 2c., brothers. And we George, by the same Grace Duke of Saxony, Landgrave in Thuringia and Margrave of Meissen 2c. And we Erich the Elder and Heinrich the Younger, cousins, 1) Dukes of Brunswick and Lüneburg 2c., confess for ourselves and our descendants and heirs, and declare manly:

1. When we, Emperor Carl, came in past years from our hereditary kingdoms to the German nation, and found some highly important things, errors and discord, and especially the misunderstanding in our holy Christian faith, which had taken place for some time in the same German nation, not with little trouble to our imperial mind, from which much Christian blood has been shed, and the hereditary enemy of the Christian name and faith, the tyrannical Turk, and others repugnant to us and to the Holy Roman Empire have taken cause, and in such discord have been able to afflict and offend Christendom, and especially the German nation, more than ever before: we have in our imperial mind at that time completely resolved to put an end to such discord and confusion, as much as possible, in kindness and to bring it to rectification and equality, and for this reason we have also for and for been in action and exercise, and for this reason we have held two imperial and assembly days shortly after each other at Augsburg and Regensburg, and, in addition to other resolutions made and approved, as the imperial agreements clearly show, also permitted, approved and adopted a peaceful agreement in religious matters with some of our and the empire's princes and others of the then protesting estates at Nuremberg until a general Christian council; In addition, we have issued serious mandates in matters of religion, and have announced to them and commanded all our members and those of the Holy Roman Empire to observe them; which peace we hereby wish to have repeated and repeated from word to word.

2. And although our earnest will, opinion and command has always been and still is that the above-mentioned state of peace should be held by men in a straightforward manner, that it should be lived up to, and that each one should have allowed himself to be satisfied with it, we nevertheless find that over the above-mentioned state of peace, by some of the above-mentioned protesting states, it is necessary to
3. In the old edition: "Gevattern".

Schmalkalden, alliances had been established, and all kinds of practices had taken place, from which in the future more confusion, indignation and upheaval might arise in the Holy Roman Empire, which would be burdensome to us, as Roman Emperor, in many ways, and we especially did not want to see the German nation led among itself into further unrest, displeasure and ruin.

3. And therefore, for the handling of peace and justice, and so that the above-mentioned state of peace, as well as the agreements we have made, are kept firm, we and our friendly dear brother, the Roman King, and other our obedient princes, rulers and estates of this subsequent Christian union, also those who will still come to us in this understanding, and all their subjects, ecclesiastical and secular, or those who have come to us or to them hereditarily or for life in our principalities, who are yet to come to us in this understanding, and all of the same subjects, ecclesiastical and secular, or those who are entitled to promise to us or to them hereditarily, or throughout their lives in our principalities and territories, by our true Christian religion, customs, orders, statutes and ceremonies, and thus one part next to the other, We, as Roman Emperor, by imperial power, and especially on the Christian promise which we have made to our dear brother, King Ferdinand, and also to our obedient princes, princes and estates, and the same again to us at Augsburg and Regensburg, remembered our dear brother, princes, princes and estates such of their promise, also required, enabled and procured that they with us this Christian covenant, understanding and agreement defensively and solely for the defense established, accepted, and firmly promised to keep.

First, we Emperor Carl 2c., we, King Ferdinand, and we, the other Princes, Princes and Estates, hereby declare that we mean to each other true, right and entire loyalty during the time of the agreement made with our associated lands and subjects, also with those who are entitled to promise us hereditary or lifelong rights in our lands and territories, 2) neither to do anything unfriendly or offensive towards or against each other, nor to allow ours to do so, but rather to let each remain with the other in the peace of the land and in his rights, his old customs, liberties and justices, and likewise not to let any of them keep his wronged rights.

2. "Thätliches" put by us instead of: "thätiges".

4 Section 1: The Nuremberg League. No. 1248. W. xvn, 8-io. 5

those 1) or reveal, renounced enemies do not keep, houses, farms, nor accept the same.

5. We have also unanimously agreed with each other that none of these Christian allies of ours shall be subject to attack or injure any of the previously reported protesting estates or their subjects against the established peace at Nuremberg, nor to attack or injure anyone protesting in his country or territories against the now reported peace at Nuremberg, The same peace as established and commanded to be maintained by us, the Roman Emperor and the protesting estates concerned beforehand, shall be kept firmly and unbreakably in all ways, and everyone shall be satisfied against males according to the law, as is due in accordance with the established imperial order and the peace of the land.

6 And this understanding of ours should be primarily about religion, and what has happened because of it, or what might be attached to religion, should also be understood as defensive and counter-defensive alone, and one should be obliged to help the other, as we have promised each other.

(7) In the same way, all ecclesiastical endowments, estates, annuities, fees or interest, such as are now in our and our dear brother King Ferdinand's and our electors', princes' and estates' lands and principalities, shall have protection, peace and right, as is due and provided for in all rights, which we also want to preserve and protect and handle against harmful confiscation and violence by virtue of the rights and the Holy Roman Empire's order.

8. Whether anyone, whoever he may be, should subject us or ours, or those who are entitled to promise us hereditarily or throughout their lives in our principality or territory, be they spiritual or secular, to penetrate, to override, secretly or publicly, in whatever way such may happen, our true religion, ceremonies and customs, statutes and ordinances, either by force or by violence, or in any other way to disturb our religion and what should follow it by right, or to make ours rebellious against us or with the same practices, or in other ways, in the religion and what should by right adhere to and follow the same, or also to make ours rebellious against us, or to make practices with the same, and thus would not or would not allow to be satisfied the common ordinary right, the peace of the land and the recently issued imperial treaties, mandates and state of peace, against the same we want to defend ourselves altogether.

1. "referred" will probably be as much as: proven.

and defend us with all their might, and protect, shield and handle us in our true religion, as is often reported, according to justice and equity.

9. And whether the protesting, Schmalkaldic League related estates, or also those who would be drawn to them after the granted state of peace, or would still accept them, not for the sake of religion, but also in another appearance, as secular and other things, as this would be done, to defraud or deceive us, ours, or so us, 2) war, or to cause some of them or others to grieve or overreach us, and to do the same settlement or help, or to make our subjects rebellious secretly or publicly; or if the same subjects would disobey and disobey their authorities: Against the same, as if it happened without any means on account of religion, we shall and will owe each other and by virtue of this agreement to render assistance. Whether it should happen that we, or someone from among us, should be dishonorably attacked with openly defamatory writings, poems, paintings, or in other ways, as has hitherto happened with many against the written rights and all respectability, and has been tolerated without shame and is to be seen: He who has been or would be harassed from among us may complain of such dishonor to the head of his province, whereupon the same head, together with the councilors, shall deliberate and undertake the fairness, and how such things may be stopped in the most beneficial way, and how the offended party may be relieved, and defended and handled against it.
10. And if it should happen otherwise that the protesters, Estates related to the Schmalkaldic League, have or gain a dispute and confusion with one or more of the Princes and Estates related to this union, in which they refrain from action and violent intervention: In which our princes and councils shall have power to appoint days and to take amicable actions, in which we also want to let ourselves be instructed among each other of what is fair, and thus hold that our confederates shall have no one to accuse with justification of some unfairness; and who then in such amicable action hold too hard, and do not grant fair, honest and equitable ways, or also hold themselves to equal and proper rights.

2. Commercial - advertising of troops.

6 Cap. 16. measures of the catholics. W. xvn, 10-13. 7

We are not obliged to help those who do not want to be satiated by the right, or who want to raise war and unrest or revolt for themselves.

11. And because this Christian understanding of ours concerns the honor of the Almighty, and the handling of our holy faith, old traditional Christian customs and ceremonies, and from us alone that we may remain with such Christian faith and ceremonies, peace of the land and proper rights, and not be forced from them, and therefore standing on the natural defense and defensive, it is necessary to make some exception in this respect, but in other worldly matters, outside of religion and defension, as aforesaid, all of our covenants and treaties, with whom we have and are obliged to make them, shall remain unaffected.
12. And this unification of ours shall begin on St. John the Baptist's Day in the near future and last for eleven years, the next successive years, and shall not be drawn into foreign kingdoms of ours and outside the German nation and language, nor into our, Emperor Carl's, Dutch lands. If, however, we, Emperor Carl, require, induce, or want the same Dutch territories, or other princes, counts, prelates, knighthoods, cities, or special persons to come to us in this agreement, they and each of them shall then be free to do so. 1)
13. Even if it should happen that we, the relatives of this agreement, should have quarrels and disputes with and among each other, no matter what the matter may be, the governors and councillors of each province shall act amicably between us, and we shall not refuse to be on good terms with each other. 2) If, however, the good will between us should not be raised, we shall neither do anything offensive nor push anything towards each other; But if the amicability between us should not be raised, we shall not do anything against and with each other, nor shall we push anything towards each other; but each of us shall keep and be satisfied with the ordinary rights, inheritance and other agreements and contracts against the other.

(14) And if, as a result of the discord in religion, many a grievance has hitherto arisen in the holy kingdom, and if such a discord is not finally settled and brought to a good end, still more will take place, and there has hitherto been no convenient, Christian, nor kind way to such a settlement, except the assembly and holding of meetings.

1. "freistehen" put by us instead of: "vorstehen". We assume that from "freistehen" was read: "fürstehen".
2. "Kindness" here and immediately following put by us instead of: "validity".

If we, Emperor Carl, have to be considered for the establishment of a common Christian concilii, we, Emperor Carl, have so far not let any diligence, effort, costs or work, which would have been useful for the promotion of the same concilii, be lacking in us; such shall also not happen to us in the future. And in the event that this should finally occur to us, or that we should be in protracted delay, by which prevention this would happen, we will otherwise think of other Christian and reasonable ways, and on our part faithfully attend to and promote that the discord, abuses and disorder be peacefully settled, dealt with and improved as soon as possible.

15. And so that, in case of need, our defense and counter-defense will be carried out in an orderly and proper manner, and equality between us will be maintained everywhere, we have agreed and united that we will divide ourselves, as at present, into two parts or provinces, namely the Upper Country, in which we Emperor Carl, we King Ferdinand, and we the Cardinal and Archbishop of Salzburg, and we the Princes of Bavaria, and those who will accept this alliance, are counted; the other, the Saxon province, in which we the Cardinal, Archbishop of Magdeburg and Mainz, we George, Duke of Saxony, and we Erich and Heinrich, cousins, Dukes of Brunswick, and those who will also join this alliance of the same kind.

16 And from each province we, Emperor Carln, have appointed a chief, and to him we have all assigned several councillors. These same chiefs and councillors shall be bound to all of us, as this duty, therefore, may be imposed; they shall at all times have perfect power and authority to moderate aid in opposition, and to do all that they shall deem best and most useful in any case which may arise according to this agreement. And what therefore is considered good, done, recognized, complied with 3) and decided by all the colonels and councils, or the more votes, we all want to and shall, in particular, by our imperial, royal and princely dignities, carry out the word of truth and right faith, and let no default be found with us, according to all our ability and according to the content of the articles, which we have hereupon united and agreed upon in particular; all faithfully and without danger.

17 In witness whereof Emperor Carl 2c. and we Ferdinand, King 2c. and we Albrecht, Car-.

3. "gemüßiget" put by us instead of "gemüßiget". See s 2 of the next number towards the end.

8 Section 1: The Nuremberg League. No. 1248 f. W. xvii, 13-ie. 9

dinal, Archbishop of Magdeburg, Mainz and Halberstadt 2c., and we Matthew, Cardinal and Archbishop of Salzburg, together with our Cathedral Chapters of Magdeburg, Salzburg and Halberstadt; and we Wilhelm and Ludwig, Dukes of Bavaria, brothers, and we Duke Georg of Saxony 2c., Erich and Heinrich, Dukes of Brunswick 2c., knowingly affix our seals to this letter. And we, dean and chapter of Magdeburg, Salzburg and Halberstadt, for ourselves and our descendants, confess that this covenant is established with our good knowledge, will and word. We hereby give our full word and consent to the same, and we also undertake and promise for ourselves and our descendants that if it should happen that our most gracious lords, the archbishops mentioned above, should die one or more before the end of this covenant, we will not allow any succeeding archbishop or bishops to take over the reins of government, but they must first pledge to keep and enforce this covenant. That we, in witness of our Capitular Seal, besides Imperial and Royal Majesty, also the above-mentioned Electors and Princes. Princes, our most gracious, most gracious and most gracious Lords, have affixed their seals to this letter. Done at Nuremberg, on the tenth day of June, after the birth of Christ our Savior, 1538.

1249 The Nuremberg Catholic Counter-Alliance Order or Constitution, to which the Catholic estates agreed with each other for the handling, execution and implementation of their counter-alliance. June 10, 1538.

See the previous number.

We Carl the Fifth, by the Grace of God Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicily, Jerusalem, Hungary, Dalmatia, Croatia 2c. King, Archduke in Austria, Duke of Burgundy, of Brabant, Count of Habsburg, Flanders and Tyrol 2c., for us and our descendants in the Empire. And we Ferdinand by the same graces Roman King, to all lines Major of the Empire, in Germania, in Hungary, Bohemia, Dalmatia, Croatia and Slavonia 2c. King, Infant in Hispania, Archduke in Austria, Duke in Burgundy, Styria, Carinthia, Crain and Würtemberg 2c., Count in Tyrol 2c. And we Albrecht by the same graces of the Holy Roman Church of the title of Sancti Petri ad vincula Priest-Cardinal and

natus, Archbishop of Magdeburg and Mainz, Primate of the Holy Roman Empire through Germania, Archchancellor and Elector, Administrator of the Abbey of Halberstadt, Margrave of Brandenburg, of Szczecin, of Pomerania, Duke of the Cassubians and the Wends, Burgrave of Nuremberg and Prince of Rügen, on account of our Archabbishoprics and Abbeys of Magdeburg and Halberstadt. And we Matthew, also by the grace of God of the Holy Roman Church of the title of Sancti Angeli Cardinal and Archbishop of Salzburg, Legate of the See of Rome. And we William, and we Ludwig, Palgraves on the Rhine, Dukes of Upper and Lower Bavaria 2c., brothers. And we George by the same Grace Duke of Saxony, Landgrave in Thuringia, and Margrave of Meissen. And we Erich the Elder and Heinrich the Younger, cousins, Dukes of Brunswick and Lüneburg 2c., confess for ourselves and our descendants and heirs, and announce to all men that we have further discussed and unanimously agreed on the proper execution of the Christian covenant of these following articles.

First of all, we have named the two sovereigns in both provinces; namely, in the Upper Austrian province the sovereign shall be Duke Ludwig of Bavaria, and in the Saxon province Duke Ludwig of Brunswick; they shall all and at the same time be affiliated with us common confederates, and for the sake of this covenant they shall be obligated to each other as men, and shall act in all matters in accordance with the covenant established and with the subsequent orders made next to it.

(2) We shall also assign councillors to these same sovereigns. Namely, by us, Emperor Carlp, one; by us, King Ferdinand, one; by us, the Cardinal and Archbishops of Magdeburg and Mainz, on account of the Archdioceses of Magdeburg and Halberstadt, one; by us, Matthäo, the Cardinal and Archbishop of Salzburg, one; by us, Princes of Bavaria, one; by us, Duke of Saxony, one; and by us, Dukes Erichen and Henrichen of Brunswick, also one. Whatever more Electors, Princes and Estates would join this alliance in each province, the head of the same province, together with the assigned councils, shall then make an order as to how it shall be held with the councils related to the same alliance. And the same councils shall then also be sworn to the federally related states at the same time, as far as this matter is concerned, and do their duty, as is now reported by the supreme. And such order of the same princes and estates councils shall be made according to the form of the allowance and their assistance.

10 Cap. 16. measures of the Catholics. W. xvn, i"-i8. 11

and in accordance with the law, but that the number of such advisors is not overflowing. With their advice and discretion, the superior shall conclude the order of assistance and proceed with the execution of this act.

3. Thus, as often as and when things occur that someone related to this Christian alliance, the subjects of the same, or those who are entitled to promise them in their lands hereditarily or throughout their lives, is attacked by the protesting estates or their appendages on account of religion and what is attached to the same or originates from the same, or their adherents, on account of the religious matter and what is attached to it or stems from it, with warrior troops, whether on horseback or on foot, and in doing so turboured and attacked, or if someone from the federally related estates has made his subjects angry; or if the subjects were to deceive themselves, or to commit insurrection and disobedience, in whatever form this might take: that such war, rebellion or invasion would be started by the opposing party, or by the subjects, by instigation or by themselves, and that the protesting states related to the Schmalkaldic League, or also those who would be drawn to them after the granted state of peace, or would still accept it, not for the sake of religion, but also in another appearance, or other things, as may be done, to defraud or afflict us, ours, or those who are entitled to promise us (as reported), or who would still come to us, and for this reason undertake a common trade, war, or advance, or cause some of them or others to defraud or afflict us, and do the same settlement or help: Against the same, as if it happened without any means on account of religion, we shall be obliged to help each other and by virtue of this agreement, and the offended party shall immediately write to the head of his province and make this known, who shall immediately summon the assigned councillors of the Confederation all to the appropriate place, present them with the offended or complained-of petition; And if they hear that the attack, invasion or outrage of the subjects is present, and that help is needed, they shall send themselves to the counter-defense and apply for men-of-war; also immediately write to the confederates to send their due help in people, money and artillery, as has been deemed appropriate and good by them according to the form and occasion of the aforementioned emergency. The supreme commanding officer shall then proceed with this, as necessity requires, for the sake of the defension, and thus united and undivided by both provinces at all times,

what is needed, will be advised and acted upon.

(4) And every chief shall preside and preside over his province; even if the councils should be divided into equal votes, he shall make the majority by chance.

5. We, the confederates, and before that the chiefs of each province, shall and want to give good notice and attention to this everywhere, and as soon as some business, armament or apprehensive suspicion and indignation against us, one or more, occurs, or is in sight, to whom such comes, shall faithfully warn the others, also write to the chief of his province; who shall then order his good notice further on it; And if he hears of the opposition's armament or outrage, he shall summon the councillors, discuss the matter, and oppose it with his covenant armament, or as is otherwise deemed good, and take good precautions so that the opposition's advance may be broken and not permitted, and so that in all this it may be done properly, and not otherwise than in equity and natural resistance.
6. Whether then one of us, ours, or those hereditary to us, or those who are entitled to promise throughout their lives, as reported, on account of religion, as has been reported above several times, or as among others on account of long-established church customs, ceremonies, endowments, monasteries, the same pensions, interest, dues, and other ecclesiastical movable and immovable goods, and Christian orders, or that other new doctrines may arise in our lands and principalities, or that they may be practiced by our subjects, or that preachers or visitators may be ordained or imposed in our lands, or that they may invade by themselves, as well as all other things, whatever their names may be, concerning religion and pending thereto; also that the protesting, Schmalkaldic Covenant related estates, and those they draw to them, would afflict, hinder, overpower, violate or overdraw us, ours, or those (as reported) entitled to promise, also in secular and other matters, in which appearance such would be carried out outside of religion, and this case is further understood in the agreement; or also that such overdressing, overpowering, afflicting, hindering, manifesting trades, ordinances or armaments would be in view: the offended person, or the person who has been offended by such obvious, respectable actions, may be

12 Section 1: Of the Nuremberg League, No. 1249, W. xvii, i8-21. 13

If a governor is concerned about the matter, he must expressly notify the head of his province of his complaint by means of a message or in writing. Thereupon, as soon as possible and from that time on, the Supreme shall write to the person who dares to grieve us or ours in the above-mentioned manner and kindly request him to refrain from his actions, and let us or ours remain with our religion, endowments, and Christian fiefdom, as well as with the suggested imperial agreements and peaceful decency, and with the proper rights. In addition, we also offer a day for amicable settlement and negotiation; however, in the meantime, the opposing party must not act violently, but remain silent in all respects. And if the opposing party then wants to or would accept an amicable day and a convenient venue, which the superior shall have the power to set, the superior shall describe the appointed councilors to such a day and venue; which councilors shall also certainly appear, and act with all diligence to settle and put away the pending chaff and confusion in good faith.

(7) If, however, the good will is not preserved, but is retained by the opposing party, or if the opposing party does not desist from his conduct, or if he is in business and does not wish to desist from it, then and immediately, without further delay and delay, our supreme authority and council shall be obliged to determine how and to what extent the offended party is to be handled and protected and shielded from his opponents.

(8) If, in such amicable action, any of us or ours, or those who are entitled to promise us hereditary or lifelong rights in our lands and territories, should hold anything too hard, or not want to follow it, or not want to be satisfied with equality and justice, or even want to raise war, unrest or indignation of their own, which should by no means be the case, we do not owe them any compensation.

(9) We, ours and those who are hereditarily entitled to promise us as mentioned above, shall and will also keep ourselves in such amicable negotiations in accordance with the law and equity and in such a way that our counterpart has no right to complain about some unfair action.

(10) The councillors shall also appear at the request and demand of the Supreme in all our matters and affairs on the day and in the place designated by the Supreme, and shall not be delayed for two days at any council.

1. In the old edition: "kind".

(11) Some of the councilors may or may not appear, nevertheless the superior and the councilors present shall proceed in the matters for which they are required, and in all measure as if the councilors were all together, and shall be bound by their duty to perform and act in accordance with the necessities of this agreement.

(12) Whatever is considered, recognized, acted upon, and decided upon by the Supreme and the same Councillors present, we shall and will likewise carry out as if the Councillors had all been present at the decision.

If it should happen, however, that more than one of us, of the above-mentioned masts, should at once be attacked, overrun, or distressed, so that help should be given in more than one place, or not only in one, but in both provinces, as such cases may arise: in this it shall at all times be acted upon according to the discretion of the colonels and assigned councils, and again according to the occasion of the course of time and resistance. And especially, where it is considered good and better that all power and help be used in one place, this shall be complied with by us, and in the meantime those who have the same burden shall keep their land and property in good custody for themselves, or at the common expense of all of us, and shall stay as much as possible until they may be helped properly; Nevertheless, they shall send their aid, both in people and money, to the Supreme Commander and to the place where the war was fought, and shall not appear to be in want, unless the Supreme Commander and the Councils, out of necessity, release them from their aid and facilities.

(14) And if it should come to a war, no direction shall be taken, the offended shall all be satisfied, after our colonel's and council's allowance, and above all, whether what has been wrested from ours has been reinstated and made in hand.

15 Whether it should happen that in such a war cities, castles, fortifications, land or people, guns or other things are taken from our enemies, or even excellent, high persons are captured by us, we shall all follow and be entitled to it at the same time, but according to each one's help and installation.

(16) But our rulers and councillors shall make and carry out such an order with regard to the common harvest and plunder, so that quarrels and ill-will may arise among our people of war.

17 And after one must be provided for the war with a makeshift gun, in deliberation of the war by the colonels and

14 Cap. 16. measures of the catholics. W.xvn, 21-23. 15

The Councilors of our country are to lend each of them a number of guns, powder, and other ammunition, in which one is to provide and advance to the other.

(18) And if any of their borrowed ordnance, powder, and other things are lost, broken, or damaged, they shall be reimbursed and paid for by the commonwealth, and the ordnance and what belongs to it shall be maintained by us all, according to each one's help.

19. Item, if it should happen through the physical action of the protesting estates or their followers, or that this Christian defension and resistance should otherwise cause things to get out of hand, so that one or more castles, towns or villages are taken, wrested or seized from some confederates by the opponents or disobedient, rebellious subjects, by whatever means or appearance this happens: The reported commander with his assigned warriors shall immediately and without delay recapture them with federal aid and all power, at the expense and damage of the commonwealth, and shall not let up that he has recovered them; he shall then without delay freely restore and deliver them to the person who had them before, without charge or demand for any expenses or other things.

(20) Nor shall any of our covenant kinsmen, to whom the help, as aforesaid, is given, make atonement with the enemies and the repugnant, nor perform it, without the knowledge, will and consequence of all our covenant kinsmen.

If this should happen, which it should not, it shall be considered null and void, and the contracted covenantor shall be punished for it after the reduction of the governors and councils.

22. 1. It shall also be specially understood and provided for in the muster and articles of war, so that the warriors, when they come on a campaign, do not damage, harass or burden their friends, and especially us, the confederates, our lands, people and dependents in the campaigns, stores, or in some other ways, but keep themselves manly and skilful, as befits friends, and do honorable good pay; and when they have been released, they shall leave peacefully and without coercion from us, without any delay. Our chiefs and councillors shall keep to all this with all diligence, and shall do as much as possible,

1. In the old edition: shall.

That no unusual pay and other treasure be demanded from the people of war, nor be requested with earnestness and affliction, nor ours, if the help is no longer needed, be burdened with stores or guards.

23 And so that in all the above-mentioned, as well as in other cases, matters may be dealt with honestly at all times, and in the deliberation of the councils extensiveness is and remains avoided, we have agreed that now in the beginning there shall be no more councils, and that without complaint of the covenanting relatives, each one shall be paid by whom he is appointed, and shall be paid and receive his allowance.

24 But the colonels shall be paid by the common federal assembly, and each of them shall be given one thousand guilders in maintenance money every year, and also a skilled secretary and substitute, who shall write in the federal proceedings and who shall be obligated to the federal estates in general, but wait for the colonels.

25 If the colonels, councillors, secretaries, substitutes, one or more, were to lie down without means in federal actions or services, or were to suffer noticeable damage, each of them shall be removed, discharged and held harmless at the common federal expense. However, since the same colonels, councillors, secretaries, and substitutes would accept new appointments in the event that the matters come to war and military campaigns, such damage shall be kept after the same appointments.

26. If, however, more electors, princes, counts, prelates and other notable persons of the knighthood, cities or other special persons would come into this union, our princes and councillors of each province shall have the power to make such a division for the sake of the covenant councils that we, the secular, likewise the ecclesiastical electors and princes differently, and each party a special number of votes, likewise the counts, prelates, those of the nobility, all for one party, and if so many cities come into this alliance, the same shall also be allowed one or more votes according to the occasion of each of the now mentioned estates and the same assistance and facilities, and the same councils, as aforesaid, shall also be provided with remuneration.

(27) If one or more of them should fail to send the people of war, money, or other property from us, and thus fail to carry out what is considered good and decided by our rulers and councilors, which should by no means be the case, he or they shall be liable to such punishment or penance as may be imposed on the people,

16 Section 1: The Nuremberg League. No. 1249. W.xvn,23-26. 17

money and other things, to be reimbursed, given and paid twice, and to be penalized for this, according to the reduction of our chiefs and councils; and we, the others, shall be liable to collect such penalty or penance, or double reimbursement of what has been imposed, from the disobedient.

And so that no one will be burdened by the other in the assistance concerned, we Emperor Carl and we King Ferdinand all want, if a war should come about, or assistance and support have to be provided in other ways, to bear, transfer and provide at all times the fourth part of all assistance and expenses, be it in the form of soldiers, foot soldiers, guns, ammunition, money and other things, as this is determined by the colonels and councils of the confederation. The other three parts shall be borne, held and directed by us, the states of the Confederation, which are now or will come to us in the future, and the aid shall be provided and moderated at any time by the colonels and councillors of the Confederation, according to the magnitude and occasion of the aforementioned need, and shall be cast upon each state of the Confederation by virtue of the imperial estimate of the great aid granted to us, Emperor Carl, at the entrance of our government in the Roman campaign. Thus, on the occasion of this proposal, the order is to be taken; in this, the princes and councillors of the confederation are to apply faithful diligence, so that we Emperor Carl and we King Ferdinand are burdened with the fourth part of the entire aid and presentation, also we, the others, in the three parts, no one before the other, nor otherwise, as the common imperial proposal shows.

29 And after we Emperor Carl 2c. and we King Ferdinand 2c. have borne and taken upon ourselves the fourth part of all the costs and expenses, we shall also have the fourth part of the votes against them.

30 Furthermore, we have also agreed, if perhaps urgent matters might arise, that we, the reported two provinces, want to pool a handsome sum of money in cash for the beginning alone, and make sure to use it in urgent need, also for the provision and publishing of the necessities of this alliance. Namely, we Emperor Carl 2c. and King Ferdinand 2c. want to advance together fifty thousand florins; and we the Cardinal and Archbishop of Salzburg five and twenty thousand florins; and we the two Princes of Bavaria, together fifty thousand florins. Item, we the Cardinal and Bishop of Magdeburg and Mainz five and twenty thousand florins; and we Duke George of Saxony sixteen thousand florins; and we Erich and Heinrich,

Dukes of Brunswick 2c. to advance a total of sixteen thousand florins for this defense. This sum is to be used only for emergencies and in urgent cases, and diligence is to be exercised by the princes and councillors so that such sum by those who enter into such an alliance is increased and a substantial supply is created.

31. In order that such money may be kept as aforesaid in case of need, and may be increased by those who come into this settlement in the future, and that equality may be maintained among all the relatives of the Confederation, and that no one may be burdened before the other, every year, for the payment of the colonels, as well as of their secretaries and substitutes, and of the cavalry captains and captains who are to be appointed by the colonel of this settlement in common, salaries and other necessary expenses shall be paid by the colonels and federal councilors, The colonels and councillors of the Confederation shall make a common investment for the payment of the colonels, their secretaries and substitutes, as well as the captains and captains, who are to be appointed by the colonel of these united relatives, salaries, and other necessary expenses, and shall allocate it to the federal estates according to the opportunity for assistance, and in this no one shall be burdened before the other. And such money shall be given to the hands of the colonels, and the expenditure, as it is due, shall be made from it; and shall be inscribed by the secretaries in the name of the colonels, and shall also be duly accounted for each year to the federal estates.
32. The above-mentioned two colonels shall also appoint, each in his province, up to fifteen sub-captains, and then also as many cavalry captains on waiting money, by means of which they may at any time, if extreme necessity demands it, most advantageously come to a goodly number of people on horseback and on foot, who shall be used for the execution of this covenant, also, where necessity requires it, for the replacement of the covenanting states of men-at-arms and help, where perhaps one or more to his number, which is to be sent to him by colonels and councils.shall be used, if they could not come in such a hurry.
33. If it should happen that, by virtue of this agreement, assistance must be rendered and a military campaign must be undertaken, then our colonels and councillors, pennance masters, and other servants and commanders, as the occasion may require, shall receive, appoint and order them, swear them in from the common assembly, and give them necessary orders, also prescribe due remuneration, and to all this appoint honorable, fit, and such persons who would be worthy of such orders, and also do proper accounting and overriding for their actions.
34. item, also all the writings, man-

18 Cap. 16: Measures taken by the Catholics. W. xvn, ""-28. 19

data, and other things that the colonels and councillors do, carry out, and cause to be done by virtue of their office, under the title and name of a special imperial command, as such is also used in the Swabian Confederation beforehand.

35 It is also specially granted and agreed by us that we shall and will hold our provinces to this agreement of ours, and that they shall not act contrary to it.

(36) Wherever (God forbid) our subjects should act against religion and this unification of ours, we should and will also be obliged to help each other, and to enable and have our subjects to achieve this Christian unification. All faithfully and without danger.

In witness whereof we Emperor Carl 2c., and we King Ferdinand 2c., and we Abrecht, Cardinal and Archbishop of Magdeburg, Mainz and Halberstadt 2c., and we Matthew, Cardinal and Archbishop of Salzburg, together with our Cathedral Chapters of Magdeburg, Salzburg and Halberstadt 2c., and we William and Louis, Dukes of Bavaria, Ge

brothers 2c., and we Duke George of Saxony, Erich and Henry, Dukes of Brunswick 2c., knowingly affix our seals to this collateral contract. And we dechant and chapter of Magdeburg, Salzburg and Halberstadt, for ourselves and our descendants, hereby confess: that this collateral treaty has been established with our good knowledge, will and word of consent; which our word of consent and approval we also hereby give, for ourselves and our descendants; if it should come to pass that our most gracious lords, as aforesaid, the archbishops, one or more, should depart with death before the termination of this covenant, that we will not allow any succeeding archbishop or bishop to come to the government, he then pledges beforehand to keep this covenant and collateral treaty, and to execute it. That we have affixed to this letter, in addition to the Imperial and Royal Majesty, the above-mentioned Princes and Princes, our most gracious, gracious and gracious Lords, the seals of our Chapter.

Done at Nuremberg, on the 10th day of June, after the birth of Christ our Savior, in the year 1538.

The second section of the sixteenth chapter.

What the Court of Appeal at Speier has caused the Protestants for complaints.

A. What was decided by the Protestant side at the Convention in Brunswick.

1250: Proposal of several estates at the Federal Diet in Brunswick to reject the Court of Appeal in all matters, and consideration of whether a rejection in secular matters would also be useful and advisable for the united estates. Bor 16 April 1538.

This document and the next one are found in Hortleder, lid. VII, cap. 5. 6. The time determination results from the date of the following number.

Considered for the sake of common recusation.

(1) To meet the complaints with which some of the estates of this Christian assembly have been charged by the Court of Appeal, it has been suggested by some whether there would not be a way that all estates could

The court has reconsidered the proposal in many ways and asked two questions. Such proposal has been considered in many ways now and then and two things have been asked therein.

The first: whether the Imperial Court of Appeal, as the ordinary and highest court, may be recused 1) from common law? On this question the majority of the committee considered that such recusation, also of the highest imperial ordinary court persons, should be done in a reasonable way. Not that the Imperial Court of Appeal or jurisdiction itself should be recusable, but only the persons who sat in such Court of Appeal, not only in religious matters, but also in all other matters. For if they are biased or suspicious in a matter, because of envy or enmity, it is considered a case in which it is permissible to bring the ordinary court to judgment.

1. In the old edition: "as the ordinary and highest court persons" 2c.

20 Section 2: Seizures by the Court of Appeal. No. 1250. W. xvn, W-zo. 21

to recusiren. Now it turns out and is obvious that the persons of the Court of Appeal are of a different religion, and for this reason are quite repugnant and unfavorable to these estates, as one therefore has excellent evidence. So it is also found that they have severely violated some of the estates with their judgments in temporal cases, and perhaps they think: because they the judges are not allowed to complain about the Protestant 1) estates in religious matters with justification over the imperial and royal orders, and also for other reasons, so that they do not cause a tumult, they want to repay and avenge them twice over in secular matters.

(3) In addition, it is found in the imperial order that the persons of the Court of Appeal, any in particular who are considered to be biased, shall resign. If they are to resign, they may also be recused; if one is recused, many may also be recused for the same reasons.

Thirdly, it is found that at one time the Dukes of Bavaria recused the Court of Appeal from many minor causes, and the Imperial Governor together with the Estates of the Empire committed the same major causes to others.

(5) The others have argued that common law will not allow this recusation of the highest court, just as little as the appeal, and have also reported its cause of common law, namely that the highest court is a collegium which would not be recusable.

6 Now it is opposed to this that the papist estates of the empire themselves have noted suspicion against the persons of the court of review, and have therefore caused a syndicate. Item, that here not the Collegium ut Collegium, but the persons of the Collegii one wants to recusir; but if persons of right Christian faith were above them, one does not desire to recusir them.

(7) But whether it is useful to recuse, because of which there have been many wide-ranging disputes in the committee. Some have said that if one recuses, much harm will come to the estates. For it would be certain that the persons of the Court of Appeals would not defer to such recusation, but would proceed in contumaciam to the final judgment, also to penalties, and perhaps the Acta. Which complaint many estates, as especially those of Goslar, would not

1. We have made these interpolations because in the old edition it is interspersed in such a way as to be quite contrary to meaning: "because sir, the estates, in" 2c.

The first is that of the two who have such excellent things that such judgments and censures are by no means unpleasant to them.

(8) For they would once be res judicatae, and give them such a disadvantage that they would hardly be able to recover. Unless a union and composition were made in all temporal matters, by which the same lost estates might recover their disadvantage; as any sensible person may well judge this, what disadvantages res judicata, although the execution would be postponed for a time, might nevertheless bring in time.

(9) For this reason, above all, it is still considered that the settlement should also be established in temporal matters, since one would like to suffer equal and finally right active and passive (as reported above). At the same time it is also considered that the same settlement in temporal matters would nevertheless be necessary, even if the recusation should not take place. For there are trades in which common estates meet with dismissal, rape, and harassment by the act of unlawful judgments. If then one or more of these estates is impoverished or taken away for the sake of some things, then he is immediately taken away from the common understanding, as if it happened for the sake of religious matters. If, then, one estate is to be helped for the sake of a grievance that it encounters in temporal matters, out of disfavor on account of religion, it would also be necessary for the other estates to know the same thing, if they were entitled to grievances, war or contestation in temporal matters, which they should take care of again.

(10) Secondly, some estates have had the misgiving that the recusation should take place in such a way that our adversaries, and perhaps others as well, would say that we do not want to suffer justice and would be disobedient, seeking only that there should be rebellion in the kingdom. If we wanted to be Christians, then it would be our duty to suffer something, even if we should lack temporal nourishment.

Item 11: They could not well find how one could have justice in the realm of the German nation actively and passively, so that all appeals, at least those to the Court of Appeal, would have to be omitted, and how those of the Christian estates, who were robbed or damaged, should receive justice for it. This would result in great, unbearable burdens.

12 The others, however, have deemed it necessary that the chamber law be recused in all matters; for they find that the chamber law is not to be applied in all cases.

22 Cap. 16. measures of the catholics. W. XVII. 30-S3. 23

I have the right to complain to the estates in temporal matters, since it may not be possible to declare the eight in religious matters, as was recently said to have happened to those at Strasbourg, and now think that this may cause the Protestant estates as much pain as in the religious matter, and that it is better to meet the beginning or the entrance than to seek counsel after the matter has been adjudicated and the complaint has been received. For if a matter has not been properly conducted, and each one, whether plaintiff or defendant, has brought forward his necessity or opposition, and is then judged on 1) the same, it is difficult to restore it, and makes the judgment a right; In addition, there are also as good as slander against the Protestants, if they do not want to parry or obey the pronounced verdict, or perhaps could not obey, that they may not suffer justice, as in the case where they have recalled the judges of the court, who are papist and our opponents, and perhaps this slander could be used up in many high people after judged cases.

For in the first case, because of the recusation, that one could say: they have pleaded all their necessities, they would have been right, it would have been well with them. And therefore it would be better to meet the opposition at once, and it would be better to dispute with them about the causes of the suspicion than before them as judges about the main matter, since in both cases one must suffer the same reproach; and in the latter case, when the matter is adjudicated, one would have to wait for as much trouble as in the first way, when one recused, even if they complained about the matter of the breach of the peace, that such a thing would be delayed for a long time, and yet in the end they would not get much justice.

14 And the same have now considered it, if one would do the common recusation, that one would have to offer oneself to some arbitros compromissarios, active or passive, or to relatives in agreement, or to some impartial commisiarios, so that it would not be said that one could not suffer justice.

Which opinion should or should not be the best one, that is for the common estates to think about and conclude, according to the parting.

1. In the old edition: "darüber selbige".

1251 What on the committee Bedeuken, the rejection of the chamber court in all things concerning, Tuesday after Palmarum 16 April.

Anno 1538 at Brunswick has been pronounced.

See the previous number.

(1) Furthermore, some of the many estates of the Court of Appeal have complained to the highest degree about the many complaints they have encountered there in proceedings and judgments, and have therefore asked for advice; for this reason, some of us and the envoys have suggested whether it would not be a way that such Court of Appeal could be recusant in all matters, since their suspicion and suspicion of the estates, because of the religion of the same estates and before the recusantation, is so publicly found. Now such an article is highly considered by all present estates and envoys: whether the recusation can be done in the right or not? Since all other estates are concerned that such a thing might happen to them, and the envoys have not had orders on this day on account of this point: It is considered good that the movements that have occurred from time to time on account of this matter be recorded, and the envoys bring the same movements and this to their superiors, and that all the estates then discuss the same points with their movements and causes from time to time with their learned and competent advisors in the most diligent manner, Thus, between here and St. John the Baptist, each estate shall certainly send its concerns to the two sovereigns and princes, Saxony and Hesse.

2. Which advice then both their electoral and princely graces shall inspect, and from it, according to their best understanding and reputation, draw the most consistent and useful opinion in the entire council, which both their electoral and princely graces shall then arrange together at the expense of the common estates; and if they have agreed on this, their Electoral and Princely Graces shall again send their concerns to all the estates of both districts, and then hear the final opinion of the same estates in due time, and proceed and act on it, so that a final decision on such action may be reached.
3. if in the meantime the things that are happening now should change, as if a Diet or something else were to happen, that some of the estates were to be declared eight; then the captains may, according to their concerns, form the estates together.

24 Section 2: Seizures by the Court of Appeal. No. 1251 f. W.xvn, 33-35. 25

The Council of Ministers of the Republic of Austria has decided to conclude a treaty on this matter and other matters that have been well done at the Diet.

4 And in case it is considered that the recusation should take place in all matters, it is considered necessary and good in all cases that an understanding should also be made in all matters, where one would like to suffer equality and justice on the estates, for the handling of the same estates, their lands and people, freedom and property.

(5) If anyone should think that there is a better or more clever way to meet such complaints of the Court of Appeal outside of the recusation, he would also like to report it, then the same shall also be consulted and considered in the same way, as reported above 2c.

1252. Letter of the Elector John Frederick and the Landgrave Philip of Hesse, on behalf of all protesting estates, in which they complain about unauthorized proceedings of the Court of Appeal and other courts against their co-religionists. November 13, 1538.

This document was printed in quarto in Wittenberg in 1538 under the title: "Ausschreiben an alle Stände des Reichs, in der christlichen Religion Einungsverwandten Namen, die Beschwerungen des kaiserlichen Kammergerichts belangend. Thereafter in Hortleder, lid. VII, onp. 19, p. 1289 and in Lünig's Imperial Archives, pari. MN. eont. II, p. 1538. here still belongs the writing, which is in Goldasts eonstitnt. jnap. purt. II., p. 170 and is entitled: S. R. I. electorum; principum ac statuum protestantium rescriptum de injustis processibus judicii camerae provincialis 1538, sine dato.

1. to all and everyone to whom this letter comes to read or hear the same, especially of the Holy Roman Empire of the German Nation, Princes and Princes, also Counts, Lords, Freemen and Communes, and otherwise of all men, whatever their rank, dignity or nature: by the Grace of God we John Frederick, Duke of 'Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave in Thuringia, Margrave of Meissen, and Burgrave of Magdeburg 2c. And by the same grace we Philipps, Landgrave of Hesse, Count of Katzenellnbogen, of Dietz, Ziegenhain and Nidda 2c., and other our, our Christian faith and religious matters protesting and adhering states, our friendly, subservient, willing services, favorable will, greetings, grace and all good, and give your dear ones, chur- and princely graces, favors and you friendly, subservient, and amicable to recognize:

2. Although we, out of noble and princely minds, do not like to complain. Although we, out of churlish and princely as well as honorable sentiments, would not like to complain against anyone, whoever he may be, of high or low rank, by words or deeds, the matters come to us in such a way that we are urged, for the sake of our and the common German nation's great need to avoid unlawful sedition, outrage and other complaints in the Holy Roman Empire of the German Nation, to report the inconsiderate, suspicious actions of the Imperial Chamber Court, which it has taken against some of us and ours for some time, We are urged, for the sake of great necessity, to avoid unlawful sedition and other grievances in the Holy Roman Empire of the German Nation. We are urged to report the inconsiderate, suspicious actions of the Imperial Court of Appeal, which it has taken against some of us and ours for some time, in such a way that if, in the course of time, such biased and suspicious actions of the Court of Appeal cause mischief in the German nation, men may know and recognize that such is not our doing, but that we are collectively and especially disgusted and heartily sorry.

3. And since we may not take occasion here to suggest and mention many things for the execution of our need, whether in the same Her Imperial Majesty, our most gracious Lord, would also be remembered among others: We publicly declare that we do not wish to diminish Her Majesty in any way, nor do we wish to blame Her Majesty in any way for what we know, that Her Imperial Majesty has done and allowed all that which she has done to us and to our just cause, due to the impetuous arrest and disobedient report of our opposition and of the reported Court of Appeal, nor to disgrace anyone else of the persons of the reported Court of Appeal, but only for the sake of the common peace and benefit to truly bring to light to our excuse, so that masculine respectable minds may feel and notice from this, in what danger the German nation is put by the above-mentioned inconsiderate and unlawful action of the Imperial Court of Appeal of this time, and have cause to think about helping by proper, substantial, serious ways, so that such trouble in the German nation may be prevented properly and without such annoyance and indignation.
4. and has this form: When God the Almighty, through His divine, fatherly and causeless grace and mercy, now for a time caused His holy eternal Word to appear again loud and bright in the holy kingdom of the German nation and to be proclaimed by preaching, from which we all know blessedness, and through His divine Holy Spirit attained faith in our hearts, then, through the bestowal of His mercy, since we have received the unchangeable truth, we have received the Holy Spirit, who is the Holy Spirit of God.

Z6 Cap. 16. measures of the catholics. W. xvn, ss-M. 27

We have not only accepted this for ourselves, but have also allowed ourselves to preach and proclaim it in our principality, countries, cities and territories, and in matters of our holy religion have introduced all and every ceremonies that do not conform to the divine word and also unpleasant abuses, to reform and establish them in accordance with the Word of God and the gifts bestowed by His grace, and to govern and maintain them in our principality, lands, cities and territories, as we have done in respect to God Almighty, the Imperial Majesty, and male and female rulers. We hope, know and undertake to answer for this against God the Almighty, the imperial majesty and the male with divine writing and help. Inasmuch as the same was admitted in the name of Imperial Majesty at the Imperial Diet held at Speier in the 26th year, after the passing of the same, and, in addition to Her Majesty, was also granted by royal and princely graces and favors. The Constitution has been approved and adopted by the Supreme and Princely Graces.

5. And some of the high and low, especially of the aforementioned ecclesiastical estates of the Holy Roman Empire of the German Nation, besides the imperial and royal majesty, who have not been properly informed of these things for the sake of secrecy and faith, or perhaps some do not want to be reported, have wanted to persist in their faith and all kinds of ceremonies that have been used for a while, the same statutes and human rules, even if they are not founded in Scripture, even if they have been published beforehand in the imperial edicts in the Holy Empire for the sake of the disputed religion, have wanted to persist, and thereupon have sought all pretextual ways and means how they might safely remain so and thus preserve their pretensions (as we consider it to have happened more out of ignorance of the divine Scriptures and secrets than out of evil intent), which many states, who at that time unknowingly adhered to the same papal faith, as reported, have now, enlightened by divine grace, accepted our true old Christian faith and confess it with us.

(6) And because we, who confessed the Gospel of Jesus Christ, took all diligence to instruct the reported members of the Holy Roman Empire of the truth and the reason, and to lead them to the right way, the same, no doubt due to the hindrance of the scholars, who without cause were opposed to our Christian confession, may not have been of the time.

7 And we, for the sake of our conscience, neither want nor wish to depart from our confession, but for the sake of such misconduct.

The Council of Churches has called for a common, free Christian concilium in the German nation, 1) so that our confession and opinion may be in accordance with the Word of God and never be overturned on the basis of the Scriptures.

8. And when both parts stood against each other without comparison, and one part looked upon the other, it happened that some religious and common ecclesiastical persons, who had left their monasteries, monasteries and houses because of altered ceremonies that had been improved for Christian use, had brought some of these causes to the imperial courts of justice and Rothweil without any cause. They have also commanded some of us to take severe penalties and land peace, such as the eight and other things that are drawn into religion and cannot be performed without violating our conscience and salvation, and have quickly initiated proceedings against them, and have thus subjected some of them to bring many of us to penance and eight.

9. When we now consider that such proceedings of the Chamber and Rothweil courts, if they were to remain preliminary and ultimately lead to the declaration and execution, would not do any good in the German nation, since our matters of religion would be such that we would not want to deviate or parry without violating our conscience and salvation: Therefore, for the prevention of war and mischief in the German nation, and in order that we may testify before God and the whole world that there is nothing in us that would serve for Christian settlement, nor for peace, tranquility and unity in the Holy Roman Empire, we have erman.gele, the imperial Majesty at Augsburg, and subsequently from Schmalkalden, twice in succession, in writing, most humbly requested and requested that Her Majesty therefore have a gracious understanding, assure us of a Christian, uniform peace for the sake of religion, and at Her Fiscal, also Chamber, Rothweil and other courts of Her Majesty, graciously refrain from proceeding against us altogether and in particular.

But in the meantime and before we are finally answered by Imperial Majesty. Majesty to such our Christian and most humble request, the most reverend, most noble and high-born Princes and Lords, Albrecht, Priest Cardinal and Archbishop of Mainz 2c, and Mr. Ludwig, Count Palatine on the Rhine, Duke in Bavaria, both Electors, our dear cousins, cousins and most gracious Lords, have, by Imperial Maj.

1. Added by us.

28 Section 2: Uebergriffe des Kammergerichts. No. 1252, W. xvii, 38-48. 29

The most gracious permission and approval, for the sake of the disputed religion between Her Majesty and us, for an amicable negotiation, called day and time to Schweinfurt and to Nuremberg, and after much amicable negotiation, the things finally content of a farewell, inserirt, negotiated and agreed upon.

Here follows from word to word the Nuremberg Religious Peace, which has already been reported in Vol. XVI, No. 1202.

(11) The Imperial Majesty has approved and accepted in every point and clause such a peace effected and concluded by the two Princes, Mainz and Palatinate. Majesty has approved and accepted it in all points and clauses, and for the further and permanent preservation of this common peace has rejected all justifications which in matters concerning the faith have been started or might be started by Her Majesty's Fiscal and others against us and our neighbors. Fiscal and others against us and our allies, until a general, free, future concilium, as decided and graciously promised at the Imperial Diet at Nuremberg, and therefore provided us with a special, gracious, imperial assurance, as the word to word, that we will be able to keep this common peace. We are therefore provided with a special, gracious, imperial assurance, as follows from word to word:

In the old edition, this is followed by the Emperor's approval, which has already been printed in Vol. XVI, No. 1207.

12 And to this end, the Imperial Majesty has proclaimed and announced such peace and standstill for himself and for movement throughout the Holy Roman Empire at the recently held Imperial Diet at Regensburg. Thereupon he ordered and commanded his fiscal, chamber, Rothweiler and other courts to stand still with their proceedings in matters of faith and religion.

(13) Although we would have been fully prepared, the Imperial Court of Appeal should have ruled in favor of such a court. Kammergericht should have considered such Imperial Majesty's Majesty's granted peaceful order and institution of the judicial process, considering the necessary, high and Christian concerns and causes for which the same is directed and granted, should inevitably be held and executed.

14 Nevertheless, chamber judges and assessors have proceeded against some of us and ours, irrespective of such peaceful decency and Imperial Majesty's inhibition. Majesty's inhibition thereupon, in matters concerning religion, proceeded and continued against some of us and ours, also our rightfully raised exception and protestation that these matters, religion and matters of faith, or at least the least of them, were pending, and thus in the imperial state of peace. or other more legal defenses and pleas for protection, which we have at any time made against such alleged jurisdiction and

The court's decision was cut off and rejected by our envoys, which moved some of us to again petition their Imperial Majesty in Italy and to obtain a junction and order to the aforementioned chamber court to stand still in such matters. Majesty in Italy, and to obtain a second time an order to the aforementioned Court of Appeal to remain silent in such matters; as has been done, and the aforementioned Court of Appeal has received it, as it is due.

15. Wherever the much-noted Chamber Court of the German Nation, and subsequently of all Christendom, would have liked to see unity, peace, honor, benefit and welfare, as it was obliged to promote to the best of its ability, it should have thanked Almighty God that it had been relieved of such burdens, and that His divine omnipotence had graciously wrought and procured this peaceful decency, because they might well realize, without doubt, from their intellect, which they should have above others, that nothing but war, outrage, terrible bloodshed, and perhaps even greater hardship would follow from their processes, which they would have undertaken in such a way, if they were to be executed.
16. And should, as servants of the common good, not only willingly accept such an order of Imperial Majesty, but also advise and persuade Imperial Majesty, whether she would have been otherwise inclined, and all other estates and persons who have instituted the reported processes, to drop or at least to keep them until a common, free, Christian concilium in the German nation, for the sake of public peace and prevention of reported riots and uproar, to drop them or at least to let them stand until a common, free, Christian concilium in the German nation, as the common laws have also clearly provided that if a judge cannot exercise his office without uproar, riot or tumult, he should then discontinue the same. They did not do so, however, but (we do not know from whose request) sent to Imperial Majesty the President of the Republic of Austria. Among other things, they informed Her Majesty that they did not know how to comply with such an imperial decree and order, because disputes arose between some parties, which were religious matters or not, with a request to explain to Her Imperial Majesty's mind. And thereupon another imperial document, to the assurance given before her Majesty's inscription, somewhat inappropriate to our understanding, was obtained, in which they were permitted to recognize what religious matters were or were not; since her Majesty had previously given her assurance on the sufficient report of the negotiators, in which they had reported to the chamberlain that the matter was not a matter of religion.

30 Cap. 16: Measures taken by the Catholics. W. xvn,48-si. 31

The court had denied all recognition in matters of religion, and if it were to be contravened, it had cancelled it out of imperial authority. The court had dismissed, cassated, and annulled the proceedings by imperial authority 1). And thereupon they were denied knowledge of the initiated matters, whether they were religious matters or not, and proceeded in many matters in an unjust manner.

17 Which application to Imperial Majesty was in no way due to them. They have never known that in matters of bad law, by which the sovereign peace is not realized, they have no jurisdiction in the first instance against princes, free imperial cities and cities that are not subject to the empire without means, but to their princes, such as Hamburg, Bremen, Minden, Magdeburg and the like, and the cities, which are not without means subject to the empire, but to their princes, as Hamburg, Bremen, Minden, Magdeburg and the like, were due to them, and yet for this reason against some many princes and cities, solely by virtue of the article in both treaties, at Speier in 1526 2) and at Augsburg in 1530, thus read: "that no one of spiritual and secular rank shall rape, force or overdraw the other on account of faith, nor deny his authority pensions, interest, tithes and goods 3), all under penalty and punishment of our imperially established land peace", let such mandates, citations and other processes go forth, and in virtue of the above-mentioned articles undertook such compulsory judicial action. Since, however, it is evident from this, and may not be supposed, that they have brought this compulsion to court against them on account of the discharge of the supposed ecclesiastical interest, dues, tithes and goods, which have happened or occurred to the supposed ecclesiastics on account of faith, since it is also against God, right and equity, since no judgment is due to them in these matters (but rather the common Christian church assembled in the Holy Spirit), it is evident from this that they have made such declaration to Imperial Majesty intentionally, unbidden, and without any reason. Majesty deliberately, unjustly, and sought that which they knew well beforehand. And that this is true, we refer to all the law and order of the empire, accepted by us, also to the others, as much as is useful and reasonable for this, and first of all to the word of the Lord, which clearly shows to whom knowledge is due in such matters.

1. Instead of "majesty perfection" we have put "power perfection". We suppose that "power" in "Mat. has been read.
2. In the old edition of 1520, K5 of No. 809 of the 16th volume and z 67 of No. 1155 of the same volume are meant.
3. In the old edition: "erwehren". - "entwehren" - to bring out of the guarantee (possession). This word occurs again in ? 33 of this writing.

18 In addition, Imperial Majesty, together with her related estates, has made itself clear in about four and twenty articles. In addition, Her Majesty, together with her related estates, made a farewell declaration at Augsburg, in about four and twenty articles, explaining in the most explicit manner what Her Majesty considers to be a grievance and innovation, which would be contrary to the Christian faith and religion, and which has since then been held by Her Majesty's Edict at Worms and the Imperial Diets at Nuremberg and Speier, and what Her Majesty considers to be matters of faith and religion, and which are forbidden. Majesty's Edict at Worms and the Imperial Diet at Nuremberg and Speier, and what Her Majesty considered matters of faith and religion, and forbade and commanded, with penalty of the peace of the land; these four and twenty articles 4) we consider too long and without necessity to recount herein; and on this, as reported above, actually ordered and commanded, how one should believe and hold in such articles, with penalty of life, limb and property, and with penalty of the peace of the land. Since it has now come to pass that some of our people have lived contrary to the same four and twenty articles, not only with God and a good conscience, but also for the sake of faith and our religion, as we have found ourselves obligated to do before God, we have been sentenced by the Imperial Court of Appeal, that which we have changed or altered contrary to the reported four and twenty articles in our churches and ceremonies, we have been ordered by the Imperial Court of Appeals to restore it to its former state, and if this does not happen, to let the penalty pass over us: All because such change or reformation should be contrary to the faith and established religion, all of which is beyond doubt. Nor has the Court of Appeal, beyond these clear distinctions, been allowed to doubt immeasurably what is or is not a matter of faith or religion. Therefore, every common man may read such differences, and he will find that our statements are true, and may have no contradiction.

19 We cannot believe, even without this, that the Court of Appeal, for the sake of some doubt, made such an explanation to the Imperial Majesty, but that it did so more in the opinion of overturning the peace. Majesty, but that they did it more in the opinion of overturning the peace; for so far we have not heard any case, however clear it may be, in which they have issued a citation sub restitutione ceremoniarum and use, which they have ever recognized on the plea of the defendant that the same affects faith or religion, and thus have postponed the proceedings, but have in all such cases without distinction, and especially among some cities, as Hamburg and Minden, proceeded and proceeded in all matters of faith without cessation, and they have there

4. St. Louis edition, vol. X VI, no. 1155, s 13 sf.

32 Section 2: Uebergriffe des Kammergerichts. No. 1252. W. xvn, 51-53. 33

with their censures that they not only deliver to the plaintiffs, namely the alleged clergymen from Hamburg and Minden, house, farm, interest, validity and the like, but also restore annoying masses, vigils, sermons and readings in theology according to the papal manner, and other such things, which do not concern anything temporal, but only matters of faith and religion. Therefore, as reported, this is not credible. For if they had been inclined to obey the imperial and royal commands, they would at least have remained silent on the above-mentioned purely spiritual points, although this would not have been enough for us, but the Beneficium belongs to the Officio, as mentioned above.

(20) How highly the above-mentioned Court of Appeal served the common peace and benefit in this matter, where its decision should or might have been made, and what would have followed from it, and what may still follow, can easily be judged by every common man who cares about the honor and welfare of the German nation. But when we all, and especially those of us who were at the time in the Christian understanding, saw such things, and recognized the great harm that was before our eyes, we were not a little careful for the sake of the accident, as those who do not like to know the harm and destruction of the German nation and the Holy Roman Empire. Since we were not able to obtain Imperial Majesty in the vicinity as quickly as the necessity of the matter required, and it has just happened that we John Frederick, Duke of Saxony, Elector, have personally come to the Royal Majesty of Hungary and Bohemia in Cadau in other matters: We have not forgotten this, as the most noble, and have obtained from Her Royal Majesty a new approval of the previously established treaty and peace, established at Nuremberg, in which it is clearly expressed that, although until then misunderstanding would have occurred at the Court of Appeal between the parties, Her Royal Majesty nevertheless wished to bring about such a standstill, the contents of an article of the Cadau treaty, subsequently reported from word to word:

21 First, that the peace and truce recently established at Nuremberg, and, as reported above, commanded by the Roman Emperor to be kept by all the estates, shall be kept and complied with. Majesty, is to be observed and complied with; and after a misunderstanding has occurred therein, the Royal Majesty has graciously consented that Her Royal Highness, the King of Nuremberg, shall be allowed to keep the peace.

1. St. Louis edition, Vol. X VI, No. 1209, D4 and 3.

Majesty on behalf of the Imperial Majesty. Majesty that the proceedings at the Imperial Court of Appeal be suspended. Chamber Court, for the preservation of this state of peace, against those named therein, and also that all the processes hitherto undertaken shall really be abolished; all according to the terms of the state of peace established therein 2c. 2c. Her Royal Majesty, as we do not know otherwise, has actually ordered this.

22 And when the aforementioned Court of Appeal, in the above-mentioned and subsequently-mentioned matters, proceeded no less unprovidently than otherwise about all these orders of the imperial decree and the equity, regardless of all annoyance and diligence that might arise from it, neither imperial nor royal orders, their own imperial decrees, nor a few other reasonable and substantial excerpts would help us in this religious matter, and we found that it was entirely papist and our opposition more than was due and appropriate. We found that it was quite papist and our opposition more than due and proper, and that it would be quite repugnant, suspicious and unpleasant to us in such religious matters, even if we had been spared many justifications, if our adversaries had not at all times found an unfavorable will against us and our religious relatives at the reported Court of Appeal, to the effect that our procuratores, who were at all times to present and protect our need and justice, were held at the Court of Appeal in such a way that they were not allowed to present our need, as we ordered them, for fear: Because of this, our matters have remained unprotected, and we have come to noticeable disadvantage and trouble', so for these and other reasons, we have finally been moved to recuse ourselves from such a court, according to our urgent and unavoidable need, as suspicious, suspect and biased, with the indication of many constant and legitimate reasons. As we also do not doubt, every honest man from the same causes will well appreciate that we are highly urged to do so and have had sufficient justification and right.

23. And we would have provided again that the reported court of appeals would have taken to heart the same suspicion and causes of suspicion that had been brought forward, as was reasonable and they were obliged to do in law, as obvious, and would have discontinued such matters in which they had recused themselves, according to the form of common law and equity, or at least if they had denied the same causes or had not considered them obvious and sufficient, according to the form of common law and equity, or at least, if they would have denied the same causes, or would not have considered them obvious and sufficient, coram arbitris, which we have appointed for them, or other impartial ones, to come to due discussion.
24. yet they have such lawful recu-.

34 Cap. 16: Measures taken by the Catholics. W. xvn, 53-56. 35

They have not defered to the court, as they were and still are obligated to do by law, all honor and fairness, nor have they relinquished their compulsion to sit in court, which, after the recusation, because our matters, especially that they were still of the papist faith, were evident and they were confessed to it, but have proceeded swiftly, as before, with their supposedly weak, unjust proceedings, and thus neither God, whose matters we are acting in, nor Emperor, nor King, nor the human rights that want justice to be prudently and shunned, have considered the causes of the suspicions, nor have they even considered the reasons for them, nor king, nor even the human rights that want it to be careful and avoidable to wait for justice before suspicious judges, nor at all the causes of suspicion, whether they meant that they were not reasonable or sufficient (as they are in truth), before the named arbitrary judges, or by means of the oath, which we have all been obliged to take, but have continued without regard to all this, as stated above.

25 And even if they want to say that in this case, as common and ordinary judges, we are not able to recuse them according to the secular or imperial rights, but that a different form and measure is required for this, this does not hold true in this case, because such a form, perhaps prescribed by the secular rights, is not in use, but is held and practiced differently. And so here we are in a case of suspicion, the like of which, as far as religion is concerned, has never been heard, and of which the secular laws have made no assurance other than as will be reported hereafter; for which reason the causes of observance and practice, or respectable common sense, must be held. In addition, this case is nevertheless so clever that even according to legal scholars, the recusation of the ordinary judge is permitted for reasonable reasons, in all rights: namely, if one must ensure that the ordinary judge will not be repugnant to himself, then the ordinary judge may be recuséed. Since it is evident that the judges and assessors of the above-mentioned Court of Appeal are more or less of papist faith, and not presumably that they themselves would be repugnant to them, and in matters of religion would recognize for us, who profess the holy gospel, however much right we might have, against their own faith and themselves, they may well be recused for this reason, according to the opinion of legal scholars, without some addition of pious people, whom we then also have in due number and form.

may suffer, be it so. In this case, they are no less our opponents, if they otherwise consider their papist or Roman faith to be right in their hearts, for which reason, in the same case, Imperial Majesty himself, as a most noble Emperor, would undoubtedly refrain from passing judgment. Therefore, in the same case, His Majesty himself, as a most noble Emperor, would undoubtedly abstain from judging, but would order such matters to be decided in other ways, as His Majesty has promised according to several decrees. Even if the secular law were still in use, in this case no bishop would be found who would not be suspicious or impartial, and therefore the remedy, which for reasonable reasons is in common practice, would have to be used again.

26 Since the causes of the reported suspicion are obvious, or at least can be proven in a short time, that they are of the papist faith, especially the majority, and they cannot deny the causes, it would have been their honor, conscience, and right to refuse such recusals, so that tumult and agitation in the German nation could be prevented; as persons of the Court of Appeals have been recusals in secular matters before, and nothing has been done against it.

27 And subsequently, when they did not want to respect this, we, the Elector of Saxony and Landgrave of Hesse, through our councillors Eberharden von der Thann, Johann Feigen von Lichtenau and Rudolph Schencken, again received a promise from the Royal Majesty, in which the article from the Cadau treaty was inscribed, and sent it to them. Likewise, we, the Elector of Saxony, at Vienna, when we were with the Royal Majesty, again issued an order from the same Majesty; but everything has been fruitless, but have urged us to send an embassy to Imperial Majesty in Italy for this reason in the past 36 years. Majesty in Italy and again complain of the change. Thereupon, among others, by D. Matthiam Held, at a meeting held at Schmalkalden recently after St. Dorothea's Day in the 36th year, the answer was that Her Majesty, at the request of the Court of Appeal, had only given such a decision, as reported above, that they should recognize which were religious matters or not. From this it again appears clear that they have given cause for such complaint about the clear imperial differences in the case and the imperial mind declared before them. It appears from this that they have given cause for such a complaint about the clear imperial differences in the case and the declared imperial mind, which would not have been necessary for them, but would have been sufficient for the promotion of public peace, according to the above-mentioned manifold imperial orders.

36 Section 2: Seizures by the Court of Appeal. No. 1252. W. xvii, se-ss. 37

28 Thus, the Imperial Majesty has also sent our embassy to her Imperial Highness. Maj. has, before the arrival of our message to Her Imperial Majesty in Italy, sent such a gracious letter and offer. Maj. in Italy, such a gracious letter and offer on the previous peace and standstill established and granted by Her Majesty, that it is quite repugnant and inappropriate to the actions of the Court of Appeal, as the following content, as far as these matters are concerned, together with our most humble reply, which we have reproduced in writing to Her Imperial Majesty. Majesty in writing, from word to word: - .

Carl von GOttes Gnaden, Roman Emperor, at all times Mehrer des Reichs 2c.

Highborn dear grandfather, prince and prince, also well-born, noble, honorable, dear, faithful! Even though we have repeatedly informed your beloved ones and you others in writing and by our message, and have otherwise proved by our work that we alone are to plant peace and unity in the Holy Roman Empire of the German Nation, and to prevent all discord and disunity. We have also otherwise proved by our work that we alone are inclined to plant peace and unity in the Holy Roman Empire of the German Nation, and to settle and unite all discord and misunderstanding, especially of religion and matters of faith, by amicable and peaceful ways and means, and not to overreach or harm anyone for this purpose, but to keep and manage the established truce with your beloved and our kinsmen, but that your loved ones and others, however, with no reason, pretend and imagine as if we should not keep the established standstill, but, as soon as we see our advantage, should break it and overtake you by force: We do not wish to refrain from reminding and admonishing your loved ones and the rest of you that you should not give credence to such unfounded and untruthful charges, but that you should not provide anything else for us, except that we intend to keep the established standstill, and not to oppose anyone for the sake of religion or matters of faith, nor to arouse any indignation or revolt in the holy realm. 2c. With friendly, gracious request, your beloved and you others will not let yourselves be persuaded by anyone else, nor be induced to any unpeaceful act or proceeding, as we fully provide and comfort ourselves to your beloved and you others, and want to recognize this together with the fact that it will bring you and your subjects yourselves peace, welfare and all good, in all graces. Given at Seville, on the seventh day of the month of July, Anno 2c. in the year

thirty-sixth. Our empire in the sixteenth and our kingdoms in the twenty-first.

Carolus.

At mandatum Caesareae et Catholicae Majestatis propriurn.

Obernburger sspt.

To the Highborn John Frederick, Duke of Saxony, Landgrave of Thuringia > and Margrave of Meissen, Archmarshall of the Holy Roman Empire, our > dear grandfather and Elector, and other princes, counts, and cities, > all and in particular, your dear relatives in the disputed religious > matters.

Submissive response of the protesters.

Most Sublime, Most Great Emperor! Your Imperial Maj. Maj. our most submissive and always obedient and willing services. Most gracious Lord! Your Imperial Maj. Your Imperial Majesty's most gracious letter, which the same sent from Seville, on the 7th 1) day of July, to all of us and especially, as relatives in the disputed religious matter, I, the Elector of Saxony, first of all, and the rest of us thereafter, have received it with favorable and due reverence, and especially with the most submissive pleasure. And in return for the same from Your Imperial Majesty we thank you most sincerely. Maj. we thank you most humbly for this most gracious imperial promise that we shall provide nothing else to your Imperial Majesty. Majesty nothing else, but as Your Imperial Majesty has done for us several times before. Majesty has previously indicated to us in writing and by means of your message, namely, that your Majesty alone is to establish peace and unity in the Holy Roman Empire of the German Nation. They are inclined to handle and maintain the standstill, which has been graciously established with us. May Your Imperial Majesty's mind and will be done. Maj.'s mind and will be once again that Your Imperial Majesty shall maintain the aforementioned standstill. Maj. will maintain the aforementioned standstill, and will not be concerned to hostile anyone for the sake of religion or matters of faith, nor to arouse indignation or sedition in the Empire, nor shall we allow ourselves to be persuaded otherwise by anyone, nor to be moved to any unpeaceful acts or undertakings. 2c. 2c.

1. In the old edition "6th", but after the previous letter we put "7th".

38 Cap. 16. measures of the catholics. W.xvn,58-"i. ' 39

And although we, for the sake of your Imperial Majesty, as a laudable and most highly praised Emperor, had no doubt about the united peace and standstill after her Majesty's previous gracious granting of it, nor about the imperial assurances subsequently given by writings and messages, it is nevertheless not without reason that all kinds of ungracious behavior on the part of your Imperial Majesty towards us and her Majesty's subjects will occur from time to time. Majesty should be against us and her Majesty's subjects; moreover, that your Imperial Majesty's Chamber and Rothweil Courts, touching your Imperial Majesty's consented and accepted decisions, should not be held against us. Majesty's deliberate and established standstill, adverse and improper actions, which for some time they subjected themselves to with active and void proceedings, have given us no small cause for all kinds of reflection and precaution. But upon the present request of Your Imperial Majesty. Majesty, we have no doubt that Your Imperial Majesty will take care of this matter. Your Imperial Majesty will, for the sake of peace and otherwise, not otherwise than graciously hold and show himself towards us, nor will he be moved to do otherwise by our adversaries and unfavorables, as well as next to God to Your Imperial Majesty. Majesty our submissive trust and confidence. Since also from someone of your imperial majesty. Majesty's Majesty, another would like to be imagined and given to us: to such a person we graciously wish to refer this matter to Your Imperial Majesty. Majesty's most gracious letter and appeasement, we do not want to give it any place or credence. Thus, with the help of the Almighty, we also wish to ensure that Your Imperial Majesty does not do anything else for us. Majesty shall feel and find nothing but obedient submission on our part; and that we do not want to be, nor find, those who want to be moved to some unpeaceful or violent action at their Majesty's most gracious request and desire. For although we are concerned, and a print 1) is now being circulated in the Empire of the German Nation, how on Your Imperial Majesty's behest Pabb. Paul is to proclaim and publicize a General Council to begin in Mantua on the 23rd day of May in the next seven and thirtieth years. From this, however, we may not hear or understand at this time, when the same would reach its progress, to the effect that it would be a common, free, Christian and unsuspicious council, and that the matters of the conflicting religion would be brought to a true Christian settlement and unity in another way,

1. Document No. 1284 in the 16th volume.

more unsuspiciously than has been done in some of the popes' previous councils, we nevertheless want to provide ourselves in all submissiveness to Your Imperial Majesty, because we consider nothing more necessary nor more salutary, even for Christian reconciliation, than such a common, free Christian council. Majesty, because we do not consider anything more necessary nor more salutary, nor more conducive to Christian conciliation, than such a common, free, Christian concilium, of which Your Imperial Majesty will be graciously pleased. Majesty's most gracious standstill and some of your Imperial Majesty's and the Empire's abdications. Majesty and of the Empire, would be held in the German nation, inasmuch as we also for this reason express our most submissive will, faithful good opinion and Christian concern to your Imperial Majesty. Majesty in writing beforehand, especially by the answer, 2) which we now casually submitted three years ago to your Imperial Majesty's Oratori. Majesty Oratori, who besides Pabst's Clementis, this name of the Seventh, message, was at that time personally with some of us, and appear to your Imperial Majesty without doubt. Your Majesty will, as a Christian and gracious Emperor, order things in such a way and in such a way as will serve true and righteous Christian unity and a religion founded in the Word of God, and so that the discord may be tolerated amicably, peacefully and without suspicion. For this purpose, the Almighty, and that only his honor be sought and considered, will graciously bestow his divine blessing, as we hope, and also want to ask for it daily in our churches. All this has been done out of most humble obedience to Your Imperial Majesty. Majesty, we do not wish to leave it unreported to Her Majesty, for Your Imperial Majesty is our ally. Majesty, as our most gracious Lord, in all submissiveness, we are at all times as willing as obligated. Date the 9th day of the month of Sept. 1536.

Your Imperial Majesty's most humbly obedient and entirely willing > Elector, Princes and Estates, relatives of religion and matters of > faith protestation.

29. To this end, we have not failed in the very best, but for the preservation of more glimpses, have had the Imperial Court of Appeal, and subsequently the Court of Arbitration at Schmalkalden, show sufficient, legitimate and well-founded reasons why the matters, for which the Court of Appeal has proceeded against us, against imperial and royal peace, and also against our interposed recusation, are matters of religion or, in each case, to the lesser extent, of religion.
30. Document No. 1216 in the 16th volume. See there s 5 f. ands 38 f.
31. The chancellor of the emperor, D. Matthias Held. See De Wette, Vol. V, pp. 48 and 51.

40 Section 2: Uebergriffe des Kammergerichts. No. 1252. W. xvn,6i-"3. 41

The first two words of the book, "The first two words of the book", "The first two words of the book", "The first two words of the book", "The first two words of the book", "The first two words of the book", "The first two words of the book", "The first two words of the book".

30 Thus the matters are situated, as we also indicated this initially to the negotiators, both Electors, at Nuremberg, 1) and then to the Imperial and Royal Majesties more than once, both in writings and orally. Majesties more than once, both in writings and orally, that we consider them matters of religion, because they flow from matters of faith, as reported; they could not or would not be discussed or carried out in a proper or legal manner, unless the conflicting matter of faith, as a quaestio praejudicialis, were decided beforehand by a common, free, Christian concilium. For the sake of clarity of understanding, we will use a number of cases and parables.

(31) Some relatives of our religion complain that they have unjustly abolished in their territories the papist, annoying mass and ceremonies that had been held for some time. The defendants argue in their defense that such mass is an abuse, not founded anywhere in the word of God, and annoying, therefore they have abolished it. The Court of Appeal wants to make a ruling on this. The Estates say against the famous jurisdiction of the Court of Appeal: it is a religious matter, and in the Nuremberg Peace Treaty it has been set aside until a general, free, Christian concilium. This dispute between the parties: whether this is a religious matter or not? cannot or may not be legally decided by the Court of Appeal, even if it were not so biased, unless the prejudicial article of faith and religion, namely whether the papist mass and ceremonies are Christian and divine or not, has been established and discussed beforehand. Without this, it cannot be determined whether the matter in dispute is a matter of religion.

32. Item, another: If a monastery is located in the territories of our or our relatives' authorities, and some of the persons of that monastery, enlightened by the word of God, are inclined to leave such monastic life as unmeritorious before God and annoying to the church of Christ, or to compare themselves to Christian doctrine and ceremonies; and the other monastic persons so stiff-necked that they not only do not want to be corrected or reported, but persist in their abuses, and nevertheless keep the monastery's income and favors to their will, which, in order to avoid noticeable annoyance and

1. See Document No. 1200 in the 16th volume.

For the sake of the consciences, that in our authorities and territories two kinds of repugnant services may not be tolerated, as the estates of the other part could not do nor tolerate, nor permit in them. And then one or more religious who have left the order want to return to their former doctrines, ceremonies and uses, with supposed legal action, on the grounds that such ceremonies should be divine and right: these cannot and may not be granted. For they want to say that their supposed doctrine and religion is just; so I say the opposite from God's word. But since the benefits are there for the sake of righteous worship, and the beneficium propter officium, namely the benefit for the sake of the service, and for stated reasons, their services, those of the persons who have left, are not useful to us, the estates, they cannot or may not be restituted without violating our conscience, unless they have first been made clear in a common, free, Christian concilio, as it is impossible that our doctrine and religion are contrary to God's word. Therefore, it is certain that such benefits are not due to the devotees, nor has anything unjust been created or done against them for this reason. And therefore the invaded prejudicial article of faith must be dealt with first and foremost in a free Christian concilio, before one can receive such an explanation on account of law and equity.

(33) And in this case the argument may not stand that he alone desires restitution of his revoked goods, because they may be due to him in no other way than by virtue of service, as stated above. If he is unskilled, uncomfortable and unwilling to perform the service, he is also not comfortable or capable of using it, and therefore restitution does not take place in such cases.

34 We have also informed the hero that we have reported in writing and handed over to the two Electors and negotiators at Nuremberg the matters that were then before the Chamber and other courts in the name that these were religious matters; they then also offered to report to His Imperial Majesty on this matter, so that the matter might actually be decreed. Majesty, so that the standstill at the Chamber and other courts may really be decreed.

35 From this it is now sufficiently clear that the Imperial Court of Appeal would not have been forbidden to proceed in this case. Chamber Court, even if it did not have the suspicion, as reported above, on it, even if Imperial and Royal Majesties had not forbidden it to proceed in this case, nevertheless the requested declaration would by no means be permitted.

42 Cap. 16. measures of the catholics. W.xvn.n-ss. 43

would like to be nor should be. It is also clear to anyone who understands that this is extremely burdensome for us. From the foregoing it is sufficiently clear what Imperial Majesty and our will and mind have been in the establishment of this treaty. Majesty and our will and mind have been in the establishment of such a treaty; also what and to what extent such religious matters have been dealt with us, and that the Court of Appeal has been given such a provision by Imperial Majesty without our knowledge. Majesty, without our knowledge, but would have been justly satisfied with such a full and perfect declaration, which Her Majesty, in the reported two imperial decrees, has pending, besides the estates of the empire, in the case of Her Majesty, as well as with the assurance of Her Majesty, cum clausula irritante, which annuls all repugnant processes.

36 And if some party had lacked this, it might have been referred to Imperial Majesty, so that Her Imperial Majesty might have informed the same party with our knowledge and having heard ours beforehand. Majesty, so that her Imperial Majesty might have informed the same party with our knowledge and having heard ours beforehand, and peace and unity in the German nation might have been preserved as much as possible. And therefore we do not doubt that a conservative or honor-loving person will not misconstrue or resent us, that we flee from the knowledge of the people who have shown themselves to be so suspicious and biased in all the above-described actions, and who are not in agreement with us even in faith, but rather are repugnant to us, as to our repugnants. If we should put it to their knowledge, we would thereby do nothing else than that we would knowingly put ourselves out of peace into discord, deprive ourselves of the benefits of the right, and unleash our doctrine and ceremonies on those whom they oppose and persecute: for this may God, our Creator, graciously protect us.

37 From all this, Your Lordships and Princely Graces have to declare that the matters for which we and our related estates have been summoned to the Imperial Court of Appeal are religious matters. Your graces and favors have to declare that the matters for which we and our related estates have been summoned to the Imperial Court of Appeal are religious matters and those that flow from them, and that the much-announced Court of Appeal has unreasonably dealt with such matters alone, contrary to the imperial and royal treaties. We do not protest unreasonably against such burdensome and criminal action of the same chamber court, and that the same is recusable for many lawful reasons, as stated in our libel of recusals.

38 Because the imperial and royal decrees have not

The court has not wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness. Chamber Court, at the request of the papist clergy of the city of Hainburg, against the council and congregation there, and on the parish chapter of St. Martin and St. Johannis, as well as Abbot and Convent of St. Simeon in Minden, against the church of St. Martin and St. Johannis. Simeon's convent at Minden, against the mayor, council, thirty-six and congregation there, in public clear religious matters, on supposed restitution, and to leave the reported plaintiffs unconcerned about their church service, which is unlawful for them and for us; also to have the aforementioned of Minden put on guard, and also to have them proclaimed as put on guard in the open air, although void: Therefore we have nothing more certain to provide for ourselves than that they, for the execution of their alleged and void judgments, will proceed and proceed in a felonious manner, and thus your dear ones, the electoral and princely graces, in favor of and for you. It is certain that in the above-mentioned matters we may not turn away for the sake of our conscience, but must command God to do so. If it should then come to pass that war or insurrection should arise in the Holy Roman Empire of the German Nation, we hereby publicly protest before God and the world that we have sincerely and faithfully sought and desired peace and Christian unity, and that we have not encountered them, and have kindly, obligingly, and humbly and amicably requested your Lordships' and Princes' graces and favors to attribute this cause in the case not to us, but to the presumption of the aforementioned Imperial Chamber Court. For this reason, they will excuse us in a friendly, gracious, and favorable manner, and will dispense with these matters on their own behalf; they will also not accept, nor presume to execute and enforce, or be subject to, such previously null and void, violent, unlawful, and inequitable proceedings, and the judgments of execution and attention that have been rendered thereon; Nor shall any person, by whatsoever appearance or means such may be effected and devised, give or permit to be given any assistance, aid or encouragement, but shall refer the matter, together with all and every one of its adherents, to the supreme judge and true tribunal of his divine word, in a common, free, Christian, impartial concilio, which we are free and Christian to expect, to avoid war and outrage, and to seek the ways therein that serve peace and unity, and are well befitting. Inasmuch also

44 Section 2: Seizures by the Court of Appeal. No. 1252 f. W. xvn, 66-"8. 45

we want to do faithfully and gladly, as far as we can stay with it.

39 For if anyone, whatever his rank, dignity or being, should dare to execute such cassified criminal and unlawful proceedings, judgments, execution and orders, by means of a sought-after bill, whatever its name, we cannot, according to our relationship, leave all of us, and especially one or more of us so afflicted, but would be urged to protect such a person or persons in the case of a stay granted by Imperial Majesty, or even by Royal Majesty, and to defend our property with God's help. We would not leave our relatives, but would urge them to protect, defend, and handle the stay granted by Imperial Majesty, or by Royal Majesty, and the cassation declared thereupon, of our property, and to try as much as possible to prevent such an execution by the Chamber and other courts, with God's help, by allowing divine and natural rights and defenses, so that we and our relatives may remain untroubled and unoffended by God and His holy word, and for the sake of such proceedings. If someone is deprived of something for this reason, or if his body, possessions, goods, or other things are damaged and held up in other ways, he is to receive sufficient, fair, and proper restitution, pay, and change from the offenders. All of which we would much rather be spared, and hereupon we ask Your Lordship's and Princely Grace, your favor and yourselves. We have hereupon once again asked Your Graces, Your Majesty and Yourselves, to be mindful of our report, request and protest, and therefore to keep us excused in all ways. We want to do this together and especially to Your Lordships and Princely Graces and to you in a friendly manner. We wish to compare, accuse, graciously signify, humbly and kindly merit this with your graciousness and favor. Date the 13th of the month of November, after the birth of Christ our Lord and Savior 1538.

1253: Writ of recusation by virtue of which Elector John Frederick of Saxony and Landgrave Philip of Hesse, together with their religious relatives, declare the Court of Appeal at Speier to be biased and refuse to appear before it before the reformation has taken place. 1539.

This writing is found in Hortleder, lid.VII, eap. 21, p. 1305 and in Dnmonts eorps diplom., tom. IV, part. II, p. 238. Our time determination is based on the fact that the previous number went out "in" "published 38th year" in print, as reported in the entrance of our writing.

By the Grace of God, we. Johann Friedrich, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave in Thuringia, Margrave of Meissen, and Burgrave of Magdeburg, and Philipp, Landgrave of Hesse, Count of Katzenelnbogen, Dietz, Ziegenhain and Nidda 2c., as leaders of the Christian evangelical understanding, in the name of ourselves and our common association, also by special permission and recognition of the highborn princes, wellborn counts and honorable cities and estates, such our understanding and agreement relatives: submit to you, the wellborn and highly respected persons, who at this time presume to own and dispose of the Imperial Chamber Court. Chamber Court and to decompose, to know herewith: Although it is not known to you or to anyone else that the Imperial Court of Appeal, of which you are, as you say, the owners, is not a court of law, it is not a court of law. Chamber Court, of which you presume, as reported, to be in possession of your persons, according to the order which was made and decided in Worms in the first and twentieth year, is not occupied, nor are we and our associated estates, which we, also princes, counts, estates and cities, so then more or less belong to the Holy Roman Empire and to the Holy Roman Catholic Church. We, and our associated estates, who are also Electors, Princes, Counts, Estates and Cities, and who belong in part to the Holy Roman Empire and to the distributed districts of the same without means, have not consented to such your present occupation and administration, but in various years at Schmalkalden against Doctor Matthes Helden, as the time of Imperial Majesty 2c. Majesty 2c., our most gracious Lord, Oratorn, and also subsequently against Sr. Majesty himself, in our Supplication and otherwise on many occasions, we have diligently and with the greatest difficulty complained of such inequality and partiality, aversion, disfavor and suspicion, as we can give clear and sufficient indication and proof of all this; also our letter of complaint, which we issued in the 38th year against your persons and had it printed, gives notice of this in many places. Which we have continued and persevered in our just complaint for and for, and especially at the Imperial Diet held at Regensburg in the past year, so that for this reason Her Imperial Majesty most graciously held at the same Imperial Diet, which Her Majesty Himself held in His own most exalted person, with the estates of the Holy Roman Empire (among which estates, also outside of our and our allies, many of you have also complained and complained most highly on account of your partial processes and unjust actions) unanimously resolved that the Court of Appeal in all and every person shall be held on the 14th day of January next year. The Court shall be visited and reformed to the extent and in the manner that the estates of the realm are to be involved in such visitation and reform.

46 Cap. 16: Measures of the Catholics. W.xvn, 68-71. 47

formation. Now, however, we and our related estates have not consented to such visitation and reformation in any other way than that henceforth there should be no difference at all in the persons, whatever religion they are, but rather, to add persons of both religions, equality should be kept, of which we also have in hand the will, declaration and mind of Her Imperial Majesty in writings and good appearances, as the words of the same declaration shall follow hereafter. Thus also our and our related estates' councils and envoys in and at the parting of the same Imperial Diet, in the presence of Imperial and Royal Majesty, our most gracious lords, also princes, princes and estates of the Holy Roman Empire, have publicly protested. They have publicly protested that they will not accept such a parting otherwise than in accordance with their approval, of which also the imperial confession of the Holy Roman Emperor is a proof. The Holy Roman Emperor and the Holy Roman Empress have publicly protested that they do not wish to have such a parting accepted and approved in any other way than in accordance with their approval, of which Imperial Majesty has given letters of confession.

Article of the Imperial Majesty. Majesty's declaration "and explanation, as far as the chamber, court persons visitation and reformation are concerned.

(2) For the sake of the Court of Appeal, it shall also be understood that the assessors of the same shall be sworn to the present agreement and declaration, and the Augsburg agreement, as far as religion is concerned, shall not take place. Likewise, the persons who are presented shall not be refused because they are of the Augsburg Confession. And no assessor who is otherwise suitable shall be dismissed from the Augsburg Confession because of the Augsburg Confession and the same religion.

(3) The Estates related to the Augsburg Confession and the other Estates shall also be free to leave for the next visitation those whom they have to appoint to their chamber court, if they do not use them further, and to appoint other suitable persons of their religion in their place; and we do not want to have any difference of religion in the appointment of the persons for the visitation.

4 Similarly, it was again decided at the Imperial Diet held at Speier, and a resolution was passed that, after such a granted visitation had not progressed for important reasons, the same visitation and reformation, which should have taken place on the 14th day of January, should certainly be carried out at Speier on the 16th of June, so that in the Holy Roman Empire an equally impartial law could be passed, regardless of religion. The same visitation and reformation, which would have taken place on the 14th day of June, will certainly take place at Speier, so that in the Holy Roman Empire, irrespective of religion, an equally impartial law may take place and be communicated,

for this purpose the Imperial Majesty Majesty shall order its commissioners to do so.

(5) In such a form, our and our related estates' envoys have also granted such a leave, and thereupon the assistance against the Turks, with the express reservation whether such a visitation, in accordance with the above-mentioned declaration of the Emperor at Regensburg, would not take place. We and our estates do not want to help maintain such a chamber court, nor do we want to give or take justice before it, but we want to recuse ourselves not only in religious matters, but also in all other matters, so that we and they can report this to the Imperial Majesty and the Imperial Commissioner. and the Imperial Commissars' permission and confirmation, in which form such permission has been given by us; also their Royal Majesty's and the Imperial Commissars' permission and assurance that such visitation and reformation of the Court of Appeal, by virtue of the Regensburg Decree and the above-mentioned Imperial Declaration, will be carried out and executed. Declaration mentioned above, will also be carried out by the Imperial Majesty at the Commissaries. Majesty with the commissaries and visitators 2c. The contents, as far as such visitation and reformation are concerned, follow from word to word:

We Ferdinand, by the Grace of God, Roman King 2c., and we Hang, Count of Monfurt, and Johann von Naus, both Imperial Councillors and decreed Commissioners. We, Hang, Count of Monfurt, and Johann von Naus, both imperial councillors and appointed commissioners, confess and declare with this open letter: When the Estates of the Augsburg Confession humbly informed us that they do not wish to grant aid against the Turks, for with the reservation of the recent Regensburg Peace Treaty, and the Declaration of His Roman Imperial Majesty, our dear brother and King, we have the right to demand that the Augsburg Confession be granted aid. Majesty, our dear brother and lord, has given to the Estates concerning the Regensburg Peace; and that the same Regensburg Peace and Declaration shall last as long as the present Peace made here at Speier. Majesty have graciously granted. And we do so knowingly, in virtue of this letter, that by this imperial treaty made here, the reported state of peace at Regensburg and the imperial declaration made thereupon have not been abrogated, nor has anything been said to them. They shall last as long as the present state of peace established at Speier, in all measures as the Imperial Majesty has given such a declaration on the state of peace at Regensburg. And the future visitation and reformation of the Court of Appeal shall, by virtue of the Regensburg Decree

48 Section 2: Uebergriffe des Kammergerichts. No. 1253, W. xvn, 71-74. 49

and the above-mentioned Imperial Decree. Declaration, be carried out and executed, and by Imperial Majesty Lei be procured to the Commissaries and Visitators. In the event that this should not happen, the above-mentioned Estates have reserved for them neither to help maintain the Court of Appeal nor to give and take justice before it, but to recuse it not only in matters of religion, but also in all other matters. 2c.

6 Because you, the persons, who at this time unreasonably presume to dispose of the much-announced Chamber Court, were not at first ordered and placed there according to the above-mentioned Worms order, and with our and our related estates' consent, moreover, and especially, the above-mentioned visitation and reformation, inasmuch as by Roman Imperial and Royal Majesty we and our related estates have been graciously and variously put off in suggested declarations, grants and documents, has not yet taken place. Majesty, we and our related estates have graciously and manifoldly been put off in requested declarations, grants and documents, has not yet taken place, we are also still in the above-mentioned complaints on account of your persons; and then the lack of us and our related estates (that such visitations and reformations have not reached their progress) has not been at all, but we and the same our related estates obediently want to wait for the appointed day of the granted visitation and reformation: It is obvious that you are not to be our and our related estates' judge over all this, nor should we ever be obliged to come before you, to give or take justice; we do not intend to do so in any way, but will comply with the above-mentioned imperial declaration and also with the imperial decree. We do not intend to do this at all, but we will firmly adhere to the above-mentioned imperial declaration, as well as to the imperial and royal commissioners' grant, assurance, and documents given to us, in the confidence that you will have obediently and justly adhered to the same, and will continue to do so.

7. However, since you have until now, all this without consideration or consideration, that you have not been properly placed in the place, and also because of your person, as reported, you are highly suspicious, suspect and burdensome to us, moreover that the much reported promised visitation and reformation has not taken place, We and our related estates expressly condition and reserve that in such a case we not only do not want to help you, but also do not want to recognize or consider you as judges, but nevertheless consider yourselves as judges against us and our related estates, unlawful and allegedly unjust.

In this way, you have raised and presumed, and in the recent past, also more than one, against some of us and our related estates, supposed, unreasonable and unlawful mandates and citations, as because of the highly caused and urged defension and counter-defense, in which we and our related estates of the oppressed cities of Goslar and Brunswick have stood against our will, and for other things more, supposed, unlawfully recognized and let go out, so that we and our related estates must accept and feel that you, who, as reported, should not, can not or may not be our judges any longer because of right and fairness, will not ever let up, but intend without a doubt with you, to complain and insult us and the same our related estates, as much as in you, for and for, against right, with such and such alleged futile mandates, citations and processes: We and the same can no longer avoid publicly announcing and reporting to you, as is proper, that you are presuming and subjecting yourselves to such alleged compulsory jurisdiction against us and the same related estates unreasonably and against the law; that, as is publicly evident, no lawful jurisdiction or imperial compulsory jurisdiction at all is due and due to you against us and our related estates.

8. But in the case that the same should be due to you, and that we and the much-thought-of our related estates of our Christian union have so far found ourselves in many ways and on many occasions, and still find ourselves daily, must accept and feel that you are unequal, suspicious, careful and unjust judges to us, We and the many other related estates of our Christian union have found ourselves in many ways and on many occasions, and still find ourselves daily, having to accept and feel that you are unequal, suspicious, careful and unjust judges, and would be so from now on if we were to come to justice before you, and then stand before partial, suspicious judges, and their judgments would be extremely burdensome, and also contrary to all fairness and reason.

9 Moreover, and to top it off, we and our related estates have, as stated above, expressly stipulated and reserved that if the visitation and reformation do not take place, we have been put off, and thereby the previously reported suspicion, care, and danger of your persons have not been thoroughly eliminated, that we, by right, equity, and all respectability, no longer wish to stand before you in justice, but rather to refuse and recuse you in all matters.

10 Thus we have at present our and our related estates' councilors, envoys and attorneys, our dear faithful and special one, Georgen Lauterbecken, licentiate, Johann Keutel,

50 Cap. 16: Measures taken by the Catholics. W. xvn, 74-76. 51

Ulman Böckel and Matthias Knipping, given power, imposed and ordered, do so in the name of ourselves and our related estates, in and by virtue of this present recusation vial, so that they shall refuse and recusir your persons over us and our related estates as judges; recusiren und weigern auch hiermit, kraft dieses Libells, wissentlich, hiermit öffentlich, bester und sicherster Form, im Namen unser; und, wie oft gemeldt, protestirend, dass wir und unsere mitverwandten Stände durch diese unsere und ihre rechtmäßig vorgewandte Recusation die rechte wahre kaiserl. We and our related estates do not wish to contest the true imperial jurisdiction and ordinary power in any way, nor do we and our related estates wish to prejudice the due, lawful and impartial rights of anyone of any standing or condition, or to infringe upon the honor of your, the presumed chamber judges and assessors, but that we have had to apply such recusals for our and our related estates' unavoidable necessity, and for the protection of their and our lawful affairs. And accordingly we say that for this time and henceforth no imperial compulsion to court, even in profane matters, shall be imposed on you. We therefore say that for this time and henceforth no imperial jurisdiction, even in profane matters, over us and our related estates may be appropriate or due to you.

(11) But all this only as long and as much as it takes for this Imperial Chamber Court to be filled according to the proper order. The Imperial and Royal Majesties, our most gracious lords, have issued a declaration, authorization and documents to visit and reform it, and to abolish all suspicion and complaints on account of your persons.

12 And whether you or someone else would like to argue that the Roman Imperial Majesty has written that such a visitation and reformation should not take place at this time. 2c. that such a visitation and reformation should not take place at this time due to impediments that have arisen: nevertheless, Her Majesty has not ruled that you should nevertheless be convenient judges for us in the meantime over such noticeable objections that we and our related estates have had to your persons, nor has Her Imperial Majesty contradicted her previous approval, which was given out of high and excellent counsel. Your Majesty derogates from your previous approval, which was given in high and excellent counsel.

13 In addition, our and our related councils and embassies, which were at Speier at that time, publicly protested that we did not want to consent to such prorogation. And in the event that the Imperial Majesty had decreed that we would not consent to such prorogation, we publicly protested. Majesty had decreed that you should be convenient judges for us in the meantime of the visitation, then the

nor do we and our related estates thereby lose our rights, which are based on natural equity, any more than we could have been deprived of them without our consent.

14 Since, without much reported visitation and reformation, no equal and impartial justice can be given to us and our related estates, since all of you are of the Papist religion and have pledged and sworn to the Augsburg Agreement, notwithstanding that it has been repealed by the declaration given by the Emperor and the subsequent confirmation by the King's Majesty, to this day, and we and our related estates, with their Imperial Majesty and King's Majesty, have pledged and sworn to the Augsburg Agreement. Maj. and Royal Maj. We and our related estates, with their Imperial Majesty and Royal Majesty's approval, have expressly reserved the right, in the event that the much-touched visitation and reformation do not take place, and thus all suspicion and burden on account of your persons is not abolished, that we then do not want to be obligated to give and take justice before you: It follows from this that for a good while now you have been unreasonably and improperly exercising the jurisdiction which is not due to you against us and our kinsmen in law, by virtue of the imperial order, and that you may not subject yourselves to it until this day, without our and their special permission. We hereby publicly protest this.

15. But if it is not allowed that your persons should still have a judicial constraint on us or our relatives, as is not well possible for reasons we have heard, even by God and by right, then we say, as also reported above, that these persons of yours are highly repugnant to us and our kinsmen, biased, careless, suspicious, burdensome and avoidable, and may therefore be recused by us, so that we herewith and by virtue of this writing recuse, refuse and reject them in the very best form of right. For we recognize that we are not guilty of this, not even in rights, your persons for judges at all, in some matter, it may be created or designed as it may be, none everywhere excepted, that we want you hereby sufficiently reminded, also of such duly attested and protested; you as judges suffer, admit or grant, would also be acted against reason, unwise, and against common sense.

16 And because your suspicions and partiality are already sufficiently obvious, you are obliged to keep quiet now without evasion and not to proceed against us and our neighboring states; and if you would do so, you are obliged to do so.

52 Section 2: Uebergriffe des Kammergerichts. No. 1253, W. xvn, 76-79. 53

you would be far more suspect and, by virtue of common law, would make things and war your own.

17 Since, even if you should be ordinaries and have some compulsion to go to court, we are not obliged, by virtue of the common imperial rights, to give further reasons for our suspicion of you, other than by oath. Nevertheless, we say on behalf of ourselves and our allied estates, by our princely words and oaths, that we do not owe these reasons to you. Nevertheless, we say on behalf of ourselves and our estates, by our princely words and oaths, that we do not dangerously oppose this recusation, nor can we know or recognize otherwise than that your suspicion is indeed true, and that the causes of such suspicion and suspicion can be proven in law.

18 In the event that we should be obliged to report further causes of such suspicion, in which we do not want to have committed anything but so much right, so that then our and our related estates' complaints, which we have against your persons and presumption, may be clearly noted by everyone, we say, yet without giving up all legal freedom and statutes, that you are especially suspicious and suspect of us and our related estates for the following reasons.

19 First, it is true and evident that you are altogether of a different religion, and even of a different faith, than we and those who are with us.

Item 20: That you have accepted and promised to keep the Augsburg Agreement, made thirty years ago, in its articles concerning religion, and have vowed and sworn to the same.

Item 21: That we and our allies did not accept such an Augsburg agreement in the articles concerning religion, as we cannot do with God and a good conscience, but we publicly protested against it and appealed from it to a future free, Christian, unsuspicious council.

22. Item: Because the highest enmity and partisanship commonly arise from repugnant religion and inequality of faith, and because it is public and notorious that because of such division in faith a grave distrust, dislike, and unfriendship has arisen in the Holy Roman Empire of the German Nation, not only between the estates, but also among private individuals, that we and our related estates, and also as those who are attached to our true Christian religion, can think of nothing more certain than such unfriendship, dislike, and partisanship.

We have to provide and to use you with all the unpleasantness and all the unwillingness to you, as they are most hostile to us and to our faith, than we really and in fact found them to be.

23. item: that you consider and regard all of us as apostates, and as those who should have fallen and departed from the old, true, Christian faith, against God and truth, quite despicable,
24. item: that you also do not hold differently with yourselves, also let yourselves be heard more than once, as if we (your respect) as apostates should not be able and enjoy any benefit and protection of the rights.

(25) Item: that you have declared and manifested such your mind and preconceived ill-will, dislike and enmity often enough and with many burdensome and unjust practices and praejudiciis against us and our relatives.

26 Item: that you have acted and promoted your presumed religion much and in many ways, contrary to the peace order, royal decree and command issued at Nuremberg, in a completely suspicious and biased manner, to the extent that this has been explained and defended at length and with constant truth in our recusals and those of the common estates related to our religion, in matters concerning religion. Likewise, in our, the Landgrave's, recusation letter, which we have let you insinuate in matters concerning the monastery at Kauffingen, in the thirty-seventh year; and then in the public notice, 1) which we have let both go out in the name of our and common estates against you in the 38th year. Which recusations and notices we have repeated and reiterated to the fullest extent possible, as if they were understood and inscribed here from word to word. And to indicate your suspicion, partiality and unwillingness even more clearly in detail, we say that our confession and religion and those of our kinsmen were rejected in the recent Augsburg Agreement.

27 Item: that it be specially ordered and commanded that all members of the court of appeals be seriously enjoined and bound to observe the Augsburg Departure of religion and faith in penance, as reported.

28 Item: that all this also happened in the two following visitations Anno 31 and Anno 33.

Item 29: That it follows that no one but enemies of our religion and the most repugnant come to the council.

1. Document No. 1252 in this volume.

54 Cap. 16. measures of the catholics. W. xvn,79-8i. 55

Item 30: Although at times some persons have not been at all unpleasant to us and our related estates in this court, they have not been able to remain for long, so that things have finally come to such a pass that you have proceeded against us with processes and findings on the reported Augsburg agreement, and have considered those who do not want to agree to the same agreement to be heretics and apostates.

Item 31: Although at times the exception of the alleged heresies has been raised against us and related estates, and the private individuals of the same religion, with the Chamber Court, nevertheless, because you consider us and relatives of the Augsburg Confession to be heretics, a verdict has been issued.

Item 32: And although the Imperial and Royal Majesty, by means of a declaration and confirmation, has rescinded the Augsburg agreement mentioned above, in response to our complaints concerning religion, it is true that you still adhere to the same agreement, and are sworn and sworn to the same, and nevertheless continue with proceedings and findings against us and our allies.

33 Item: that some of us have been before the Court of Appeal with our clergy, suing them for a pre-announced settlement; but when the parties settled and agreed among themselves, and you were reminded of and became aware of such settlement, you ordered the Fiscal, out of special will against us, to act ex officio against the same persons.

34 Item: that you have not done anything like this against the states of the other part, nor do you want to allow it.

35. Item: Because we and our related estates, due to the aforementioned grievance of your persons, cannot avoid recusing you from time to time for just and lawful reasons, writing you out, and thus making our necessity manly terminable: that we have irritated and embittered your persons, even though it did not happen before, to such an extent that we cannot provide ourselves with an equal right to your persons, not only in religious, but also in profane matters.

Item 36: that the visitation and reformation will hardly take away your reluctance, dislike, hatred, and our distrust of your persons.

37 Item: It must be true that your partiality is evident from the fact that you have given some of our related estates their requested processes.

and mandates, and on the other hand granted the opposite party proceedings and mandates in the same cases, and thus in the same matters absolved the one and condemned the other.

38 Item: that you also proceed dangerously and biased in your proceedings, and either dangerously postpone the vindication that we and our relatives have with you, or promote it to our and ours' disadvantage.

39 As we then hope to prove this and other things against your persons in a necessary manner. And we, for ourselves and for our disciples, want to take care of all of this, for the aforementioned causes and legitimate reasons, so that you will henceforth refrain from proceeding against us and ours. If this does not happen, then we want to reserve for ourselves all and every necessity that is permitted to us by God and law; and we are obliged, if we should be obliged to do so, and not otherwise, to report such causes against you and the opposing party before arbitrary judges: To this end, we hereby declare you, namely the Highborn Prince, Mr. Ludwigen, Count Palatine of the Rhine, Duke of Bavaria, Archduke of the Holy Roman Empire, Elector; Mr. Otto Henrichen, Count Palatine of the Rhine, Duke of Upper and Lower Bavaria; Mr. Heinrichen, Duke of Mecklenburg; and the well-born nephews of ours and in particular Ulrich, Count of Helfenstein; Ludwigen, Counts of Stollberg and Königstein, and then our dear and special ones, mayor and council of the cities of Regensburg and Speier, hereby name our part, with the offer to settle with you of the same or others, and otherwise to render everything and anything that is legally due to us and our kinsmen in this matter.

B. About the annoyances that Chursachsen had with the bishop of Naumburg, Julius von Pflug, who was arbitrarily chosen by the cathedral chapter, and whom the emperor imposed on the prince by force through the court of appeals, but the prince refused to accept, and instead appointed Nicolaus von Amsdorf as bishop there.

1254 Two imperial rescripts to the Elector of Saxony and the cities of Naumburg and Zeitz, concerning the election of Julius von Pflug to the office of

56 Section 2: Election of the Bishop of Naumburg. No. 1254. W. xvii, 8i-84. 57

Bishop, to which Bishop Julius von Pflug's public proclamation of his acceptance of the election that has taken place is attached.

This and the two following numbers are found in Hortleder, lid. V, eux. 12. 14 and 15.

a. Emperor Carl V. Reminder to the Elector John Frederick and Duke John Ernst of Saxony not to hinder the cathedral chapter of the Naumburg Abbey in its ordinary election, and to let Mr. Julius Pflug, or (in case of his refusal) another elected one, come to the abbey. Given at Regensburg, July 18, 1541.

1. Carl von GOttes Gnaden, Roman Emperor, at all times Mehrer des Reichs 2c. Reverend, dear hosts, Elector and Prince! 1) The honorable, our dear devotees, dean and chapter of the Naumburg Abbey, have reported to us humbly: Although they, by virtue of common rights and old, well-established usage, are irrefutably entitled to elect a bishop of their chapter at due times, unhindered male, as they brought such into use many years ago, they also never relinquish it by permission of their chapter.
2. Although the bishops there and the reported foundation are subject to no one other than us and the Holy Roman Empire, and are subject to the latter's common suggestions, they have also received their regalia and liberties from us and the Holy Roman Empire, and by virtue thereof have a free administration in ecclesiastical and secular matters in exercise, your beloved ones shall, without doubt, for no other cause than unequal report received by them, submit to him lawful ordinary election in the honorable, our dear devout, Julium Plough, by their co-capitulars, and to prevent the same from obtaining due possession of the said foundation, and also to presume to do commandments and prohibitions in the said foundation, to protect and defend the subjects thereof against bishop and chapter, and thus to place and bring such a foundation under your authority and power, which would cause it and the reported foundation an unbearable burden and final ruin, and have therefore humbly appealed to us and asked that we may be graciously forgiven by your beloved.

1. From this salutation (also from § 9) it follows that this letter is addressed not only to the Elector, but also to the Duke of Saxony.

They will, according to ancient custom, remain with their ordinary choice, allow their chosen one to freely administer the intended foundation, and leave him and her unencumbered in other ways, as they provide themselves with such and more goods for your love, and are also meant to duly accuse themselves of all submissive wills against your love.

Now we do not want to fall short of your gracious opinion, that we have inquired about the trade on such your request and plea. We find in credible report that the said Chapter and their ancestors have been in quiet use, and are still, in case of need, precluded from using a free choice in the election of their bishops and arrangement of the rights, without entry and hindrance male.

Moreover, it is irrefutably true that not only we, but also our ancestors, Roman emperors and kings, required and described the bishops of Naumburg to the imperial diets that took place and were held as estates of the Holy Roman Empire, for which they were held all along, and still, like other estates, also burdened them with the charges and burdens of the Holy Roman Empire, which they obediently bore and performed along with other estates.

In addition, our ancestors and we have graciously lent their regalia to the bishops mentioned at times, as often as it was necessary, and confirmed and confirmed other privileges, and recognized them as our princes and princes of the realm, without this being called into question by anyone, of high or low rank, or having happened to them.

6 From this it certainly follows and may be concluded without doubt that the bishop and the monastery of Naumburg are not related to anyone other than us and the Holy Roman Empire, and therefore should not be taken over by anyone, contrary to us and the Holy Roman Empire and to our burdensome detriment.

7 Since this is the case, we are not in a position to judge for what permanent reason your loved ones may presume against the aforementioned foundation to prevent their free election and administration, it is due to us, as your loved ones themselves may judge, out of the imperial office imposed, to have the aforementioned foundation and chapter in gracious command, and to take due care so that they may remain with us and the holy realm, as has been the case from time immemorial, unencumbered and unpressured.

8. and therefore desire your loved ones with

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But: with gracious diligence, your beloved ones want to report themselves here to the fairness, and do not hinder the said chapter in their happened ordinary election, but let the said Julium Pflug, or whoever is chosen in his place in case of his refusal, come to the administration and free administration of the said chapter, and let the same chapter, as well as the elected bishop, as a member of the holy realm, as such from old irrefutable tradition, remain unrestricted: The bishop shall remain unchallenged, and shall also remain unaffected in the spiritual and secular government of his monastery. In addition, the subjects of the aforementioned chapter shall not defend and handle the aforementioned bishop and his chapter, and thus give them cause for disobedience against their ordinary authority, but shall show themselves in such a way friendly and neighborly and in accordance with equity, as we have no doubt that your beloved ones will be inclined and willing for themselves upon this gracious reminder of ours, so that the bishop may conduct himself and prove himself in the spiritual and temporal government of his monastery in such a way as he knows how to answer for it to God and the Holy Roman Empire, and we do not doubt that he will do so with faithful diligence and thereby move us all the more to have and maintain him and his monastery in gracious protection and protection, inasmuch as this is due to us from the imposed imperial office. We are graciously inclined to do so for ourselves. Your loved ones wish to heed our gracious reminder, admonition and request, and to show and prove themselves to us so willingly, obediently and to such an extent as we in this and many other respects undoubtedly comfort and provide ourselves to your loved ones with all submissive will and obedience. We are inclined to acknowledge such graces and good towards your dear ones.

9 For where E. If your beloved will insist on their intention to take the aforementioned foundation and withdraw it from the holy realm, about which it would be irrefutable in public, even common estates of the realm know that the aforementioned foundation is related to and in charge of no one other than us and the holy realm, as such has been told and explained above at length, we will give your beloved the opportunity to judge for themselves how your beloved, as princes and rulers of the realm, will seek its welfare and reception next to us: We give your beloved ones to judge for themselves how your beloved ones, as princes and rulers of the realm, who are to seek and promote the welfare and acceptance of the same beside us, are entitled to such and to what reprimand and displeasure E. Liebden that this would also be the case with the common estates and males. So we also wanted to be reprimanded for our person more than in one way,

We do not know how to take responsibility for this against the common estates. We do not know how to answer for this against the common estates, according to our imperial office.

(10) We have not wished to keep all of this from Your Honor as a reminder of our gracious and good opinion. And although we do not have to provide ourselves with a discount in this gracious request, we nevertheless request the answer described above from Your Honor. Given in our and the Holy Roman Empire's city of Regensburg, July 18, Anno Christi 1541, our Empire's 21st year and ours 26th.

b. Imperial order to the two capitals of the diocese, Naumburg and Zeih, to abstain from the ecclesiastical estate and what is attached to it, and to hail Julius Pflug, if he would accept the bishopric.

digen. Regensburg, July 22, 1541.

We, Carl the Fifth by the Grace of God, Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicilies, Jerusalem, Hungary, Dalmatia, Croatia 2c. King, Archduke of Austria, Duke of Burgundy 2c., Count of Habsburg, Flanders and Tyrol 2c., offer to our and the Empire's dear faithful, mayors and councillors of the cities of Naumburg and Zeitz, and the freedom there, our grace and all good.

Dear faithful! We are convinced that during the life of Philipsen, Bishop of Naumburg and Zeitz, and after his departure, you showed and proved yourselves disobedient and repugnant in many ways to the venerable Julius, elected Bishop of the above-mentioned monasteries, to our dear devotee, and to the chapter there, and especially that you accepted and ordered superintendents in religious matters in the ecclesiastical government and authority:

And you, mayor and council of Zeitz, out of your own mighty: The monasteries are to be taken into your hands, and the monks are to be stripped of their proper habit or clothing of their order.

Likewise, you, mayor and council of Naumburg and the freedom, against all Christian, also our and the Holy Empire's order, peace of the land, rights, and above the prohibition of your ordinary authorities, you have unlawfully torn up and destroyed a church at the Margin Gate, and (as to be feared) such and such disobedience and unlawful acts may be done and carried out by you even more, wherefore we have received no small displeasure and complaint, and are by no means meant to allow you to do so.

60 Section 2: Election of the Bishop of Naumburg. No. 1254 f. W. xvn, 86-89. 61

We therefore recommend you, with the avoidance of our and the empire's severe disgrace and punishment, by Roman imperial power. We therefore earnestly command you, by this term, to refrain from your unlawful and violent actions, to refrain from taking possession of ecclesiastical property and what is attached to it, as well as of ecclesiastical persons and their goods, and to refrain from doing so, and to return to them, without compensation, what you have taken and stolen from them. Also to the said Julius, elected bishop, to whom, in view of his excellent skill and faithful merit, we are inclined before others to act with but grace, and with the bishopric touched, if he will accept the bishopric, do homage (as is the custom of old); or if he would not accept the administration of the same, hold yourselves to a chapter, show support to the same chapter, and let no one turn you away from such, or further let you not be moved to disobedience; and if another bishop is chosen by the chapter, by his refusal of the said chosen bishop, then be obedient, faithful and faithful to the same, as your right lord, as you are obliged to do, and in all this keep, act, or show yourselves obediently and not otherwise, as we then want to provide this to you according to the fairness of us entirely. This is our serious opinion. Given under our imprinted seal, in our and the Holy Empire's city of Regensburg, on the second and twentieth day of July, Anno Christi, in the 41st year, of our Empire in the 21st year, and of our realm in the 26th year.

Ad mandatum Caesareae et Catholicae Maj. propr.

Obernburger. 1)

c. Des Julius Pflug public notice 2) or proclamation of his episcopal election. Given at

Kirchheim, January 16, 1542.

By the Grace of God, we Julius, elected Bishop of Naumburg, offer to all and everyone of the prelates, knights, judges, mayors, and other subjects and relatives of the said Naumburg Abbey, ecclesiastical and spiritual, the following

1. This name has five different spellings in Walch, namely: Oberbürger, Obrenbürger, Oberburger, Oberburg and Obernburger. The latter form seems to us to be the correct one (it is also found in Neudecker, "Aktenstücke", p. 115), therefore we have put it throughout.
2. This writing was posted on the cathedral church in Naumburg while Pflug himself was absent.

worldly status, as the names have, our favorable greeting, city and good will. And announce:

After the death of the reverend and highborn prince and lord, Mr. Philippsen, bishop of Freisingen, administrator of the monastery of Naumburg, count palatine of the Rhine and duke of Bavaria, our gracious dear lord, of high noble memory, we, through the venerable chapter of the cathedral chapter, have been called to your and your bishop's attention, that after a long time of misgivings we finally found that this chapter would be disadvantaged in many ways, if it should lack the length of a bishop and ruling lord.

Because we are then inclined to turn everything, which may bring trouble and damage to this monastery of Naumburg and its subjects and relatives, to the best of our ability, we have not wanted to resist the election and Christian calling that has taken place, the comforting confidence, after the dear God has called us to the episcopal office, that he will continue to grant grace, so that we may comply with it in the future for his divine honor and your best, which we then desire most.

Accordingly, we have duly given our will and consent to the above election, and thus accepted the episcopate. We do not wish to behave in this way towards you, to whom we are inclined with grace and good will, and we have finally had our inherent pledge printed. Date at Kirchheim, Sunday after Felicis 16 Jan, Anno 1542.

1255: Julius von Pflug's Supplication to the Princes, Princes and Estates of the Empire against the Prince of Saxony's Proceedings.

See No. 1254.

Supplication, which the Reverend in God, Mr. Julius, elected Bishop of Naumburg, has submitted in writing before Princes, Princes and Estates of the Holy Empire at the recently held Imperial Diet at Speier and had publicly read, against the most noble and high-born Elector of Saxony's criminal acts, by which he unlawfully prevented the Revered Elect from entering the government of his Naumburg Chapter, Anno 1542.

1. most reverend, most illustrious, most illustrious, most illustrious and high-born princes, venerable, well-born, noble, honorable,

62 Cap. 16. measures of the catholics. W. xvn.W-m. 63

Honorable and wise, gracious favorable lords and friends! Since Your Royal and Princely Graces, Dear Ones and Favors are now burdened with important business, which is of utmost concern to the German nation and common Christendom, and in which we all cannot fail to act without great harm, I would gladly spare Your Royal and Princely Graces, Dear Ones and Favors with my affairs at this time, if only my duties, which are related to the poor depressed Naumburg Monastery, would entitle me to do so. However, because I must now approach E. chur- und F. G., L. und Gunsten out of urgent need, and out of the demand for the same of my duty, I want to arrange this in such a way that my request shall not bring any hindrance to the necessary and excellent advice that one has here before one's hand.

2. and although I am pressed into this matter by the most noble and highborn Elector of Saxony, M. G. H., I am nevertheless anxious to advance it in such a way that E. chur- and F. G., L. and G. H. may decide that I do not seek anyone's disgrace or harm, but only that of the Naumburg chapter and my due justice, of which I herewith initially stipulate, and it is truly no small burden to my mind to be compelled to do so. For besides the fact that I, by the grace of God, have been able to refrain from quarreling in my own matters up to this time, for which reason I thank God our Lord, I would only very gladly stand idle against the princes of the House of Saxony, under whom I was born and educated. But since the most reverend Elector is pressing the poor monastery and me hard, and wants to inflict insurmountable damage not only on my person, but also on the monastery, I cannot remain silent about this with honor and a good conscience, but must do this in the name of God, which I can by no means avoid, nor should I, according to my duties, in the confidence that E. chur- and F. G., L. and Gunsten will not blame me at all, but will be inclined to be gracious and kind to my fair and reasonable request.
3. and so that I do not detain your chur- and princely grace, l. and favor with vain words, I do not know to save the same for a thorough report of my concern, that a venerable cathedral chapter of Naumburg, after the death of the reverend, noble and high-born prince, my gracious prince and lord of Freisingen and Naumburg 2c., noble memory, to elect me as their bishop, ordinarily and unanimously, without my knowledge, petition and consent, in my

absence mentioned. And although the aforementioned cathedral chapter has rightly been granted such free election from time immemorial and is still entitled to it, and it has also been practiced and commendably brought about by them, as often as a case has occurred in their ruling bishop, without male hindrance: nevertheless, the Elector of Saxony, perhaps through the unequal report of some of his own, has allowed himself to be moved to the point that his G. has challenged the election that has taken place in my person, and has had it argued that it took place without his knowledge, with attached vehement commination 2c., so that his Grace should have kept his ancestors' prescriptions, and he would have wanted more to handle the chapter with his free choice and this his fruitful and respectable justice, also to defend it against males.

4. However, since the Elector did not want to report himself to justice in this case, out of necessity, the Roman Imperial Majesty, our most gracious Lord, was approached, and the most gracious instruction and reminder was issued to the Elector of Saxony by his Majesty, that His Grace should refrain from this unjust action of his, that the Naumburg monastery and I, as the elected bishop there, should not be disturbed in the event of approval of the election, confident that His Grace will inform himself of the charges. will inform himself of the fee and show obedience to the imperial majesty.

5 But this notwithstanding, his Lord not only did not let the chapter and us remain in peace, but on Sunday after Exalt, Crucis Sept. 18, 1541, next to several others, he took Zeitz Castle, also deprived the chapter of the administration of the monastery, which at that time was theirs by right and custom, and had the government in the monastery appointed by his own.

6. And although this was done contrary to the monastery's free will and old custom, his Grace had some of the monastery's members, who were sent by his Grace's advisors, argue that a chapter and I had given his Grace cause for such action, saying that the chapter had chosen without his consent and had chosen my person, whom his Grace did not like at all for the following reasons: namely, that at the next Imperial Diet in Regensburg I had stood before the Pope and his followers against the relatives of his Grace. for the following reasons: namely, that I stood with the Pope and his followers at the next Imperial Diet in Regensburg against the relatives of his G. Confession, and that I also opposed the House of Saxony in many cases. In addition to this, that I have declared myself to my most gracious lord, the Cardinal, Chur.

64 Section 2: Election of the Bishop of Naumburg. No. 1255, W. xvn, 91-94. 65

Prince, Archbishop of Mainz, promised to his repugnant, for a council, and would also have asked Roman Imperial Majesty for mandates to the cities of Naumburg and a letter to his Grace for the termination of the House of Saxony's justice. He has also promised to be a councillor to his adversary at the Roman Imperial Majesty, and has also issued mandates to the cities of Naumburg and a letter to his Grace for the termination of the House of Saxony's justice through practice: for this reason, he could not provide anything good for me, and should not suffer at all from his Grace as a bishop in the Naumburg monastery.

(7) Whether the Elector of Saxony is entitled to deprive the chapter of Naumburg of its justice on the basis of this mere, uncertain statement of his, and to block my entrance to the possession of the aforementioned monastery outside of the law, is a matter of concern to Your Royal and Royal Grace, dear ones and in favor of you. Thus the famous causes of his nobleman's dubious behavior are such that they can easily and with good reason disown themselves in the eyes of Your Lordship, Your Grace, Your Lords and Your Benefactors and all impartial and reasonable people. For that his Grace should presume to judge for themselves in matters of religion, they should refrain from doing so.

As far as my person is concerned, I have shown myself, without glory, in matters concerning our faith and the Christian church, in such a way, according to my simplicity, at all times, that one could find in the work that I am inclined to everything that is necessary for the glory of God and the betterment of the people. As I then hope, how in case of need many honest and pious and Christian people could give me testimony. But that I allowed myself to be used in the discussion at Regensburg 1, how I came to this, many honest men, also of high standing, no doubt know to remember, namely that I first excused myself, with request to spare myself with this, to which I have no understanding, and have also finally, in addition to the venerable and highly learned Mr. Johann Gropper, 2) Doctorem and Scholastern 2c. Majesty for remission, but may not receive it. For this reason, I have had to enter into this out of the most humble obedience, and hope, although I can boast of little skill, that my faithful inclination will nevertheless have been felt in the action, so that it should not result in a reprimand for me. And I want to testify here, besides God and those who appeared at the discussion, that I have desired nothing more, and have sought nothing more for my simplicity, but so that through proper and Christian understanding, I may be able to do what I have done.

1. From April 27 to May 22, 1541, during the Imperial Diet there, which opened on April 5.
2. D. Joh. Gropper, Canonicus at Cologne.

The German nation would like to be relieved of the grave discord in these most dangerous of times, which is why Imperial Majesty has given the reported scholars and me the most gracious notification from all the estates of the empire. Majesty has given reported scholars and me most gracious notice of all the estates of the empire. From this it is easy to measure how unfairly I have been thus charged on account of the reported conversation, and a venerable cathedral chapter at Naumburg has been deprived of its traditional justice on my account.

9 Regarding the service in Mainz, no one can blame me, because my gracious Lord Cardinal, Elector and Archbishop of Mainz, is my Metropolitan. And even though there are now irregularities between the two Electors, they are not national feuds, moreover, because I entered the service before the aforementioned irregularities arose, and in it I was neither secretly nor publicly used against the House of Saxony.

(10) Thus no one will be able to show with reason that I have ever practiced justice against the House of Saxony, as is imposed on me to my detriment; and I may say with truth that I have been careful to do so all my life against no one, much less against the House of Saxony. But as far as the imperial missives are concerned But as far as the imperial missives are concerned, I would by no means have imagined that His Grace should complain of them, considering that the Emperor's Majesty has appointed him, the Elector of Saxony, to be the heir to the throne. Majesty reminds and instructs him, the Elector, by the same letter of her Majesty, what his Grace is obliged to do without this, namely, that his Grace allow the Chapter at Naumburg to remain unhindered in its free election, and not to presume to do what his Grace's ordinary rights forbid. Likewise, that his Grace does not deprive the monastery of its freedoms and rights and subject it to his rule. First of all, because the secularity of the monastery does not originate from anyone but the empire, that it is also subject to the empire, and that the bishops there have at all times been considered by the emperor and the empire to be princes of the empire, and therefore, like other estates of the empire, are required by the Roman emperor to attend the imperial diets. Which, in case of necessity, could be brought forward and proved satisfactorily.

11 Although this is the case everywhere, and the Elector of Saxony had to remember from his obligation to protect himself that his Grace should not deprive the monastery, bishop and chapter of Naumburg of their liberties and rights, but rather preserve them, my friendly cousins and brothers, because they have experienced the complaints that I have encountered from the Elector of Saxony, have nevertheless informed me of this.

66 Cap. 16. measures of the catholics. W. xvn, sL-se. 67

Because of this, as the honorable nobility, and especially that the Elector of Saxony's nobles against the monastery should flow from my person, the more thought they have had, and want to have such a credible report from me. But when they received and learned this thoroughly from me and other people, they petitioned the Elector to answer for me to his graces humbly and truly, and asked that I be relieved of his ungracious suspicion, and not to be prevented from entering the government of the monastery, nor to let the chapter at Naumburg be rewarded for me.

12 And even though I was reassured next to them that the Elector would graciously consider their submissive request, and besides consider the Holy Empire's farewell, also that such a hindrance made by His Grace would bring an unheard-of innovation, so that I should be forced away from the Naumburg monastery, outside of rights, through no fault of my own. But nevertheless, despite all this, the Elector has given a negative answer to my friends on their fair and submissive request, strengthened the causes of his disfavor by some supposed mere suspicions, with an attached request that he might suffer in this matter the cognizance of the Elector and F. of the hereditary union, or of the protesting estates, or of a free, impartial council.

13. And whether it was a burden to him that I should accept a judge of his liking for his mighty action, as I still have misgivings about it today: nevertheless, because I was not shy about this matter of mine, even the Lord and Lord of the hereditary union were at Naumburg at that time, namely the most illustrious, noble and highborn princes and lords, Mr. Joachim, Arch Chamberlain of the Holy Roman Empire, Elector of Brandenburg 2c, Mr. Moritz, Duke of Saxony 2c., Mr. Philipp, Landgrave of Hesse 2c., my gracious lords, I have sent this complaint to their graces, with the humble request that they will enable the Elector of Saxony to drop the disgrace he has shown me and to admit me to the foundation without hindrance. Thereupon, in view of the fairness, with diligent efforts to avert the Elector from touching his burdensome project, the most illustrious Electors and Princes of the Legion have graciously shown themselves against the Naumburg Monastery and me. But Her Grace has also received a negative answer from His Grace.

14 And because I have noted from all this that the Elector of Saxony has not fulfilled his undertaken

I would have been inclined, according to my opportunity, and in order to avoid great trouble, work and danger, to leave the chapter idle, as I had doubts about accepting it from the time of the announced election, But I finally had to consider how I was appointed to the episcopal office by the ordinary election, and found that the cathedral chapter could no longer come to a free and lawful election, due to the unlawful prevention of the Elector of Saxony; as he has already announced to the chapter with a fierce threat: that they should not dare to elect another bishop, for he wanted to make an oversight in this himself. For this reason, I have put aside my opportunity, and I have had to fulfill my duty, so that I may be devoted to God, His Church, and much-revered foundation. For, if I were to turn away, and did not know to whom; because such would bring eternal ruin to the souls of the relatives and subjects of the foundation, I would not dare to defend myself against God and His Church in that case. And since the Elector of Saxony at that time refrained from suppressing the justice of the monastery in spiritual and secular matters, along with its freedom by force: if I did not accept the abandoned monastery, I would not be able to judge how I could honestly, well and with a good conscience answer for this against God, the Imperial Majesty and the Estates of the Empire. Accordingly, out of the demand of my honor, duty and conscience, I have given my consent to the election that has taken place, and have completely submitted myself to my dear God and His divine calling, in the comforting confidence that He will not abandon me with His divine grace, so that I may comply with what my office requires for the good of the Naumburg Monastery and its relatives and subjects. And although I am not unwilling to overcome with patience the persecution that is due to my person for this reason, I can nevertheless not refrain from doing what may serve the Naumburg Monastery, to which I am now attached with more duties than before, well and avert the injustice that has been done. And hereupon I ask E. chur- and F. G., L. and Gunsten humbly, obligingly and kindly, they want to be unburdened, to hear this urgent need of mine even further.

15 Although, after I had given my consent, because I could not take the possession of the monastery in my own person due to reported impediments, I made a public announcement to the cathedral authorities.

68 Section 2: Election of the Bishop of Naumburg. No. 1255. W. xvn, 96-ss. 69

1. Church of Naumburg, by which I have announced my consent and acceptance of the Bishopric of Naumburg to all and every subject of the chapter, and in addition have written a special letter to the nobility and cities, with due reminder of their obedience, which has then come to them, also to the Elector of Saxony, to avert his undertaken power, in my name, and have indicated to him such my consent and acceptance, that I would like to receive without further ado that from S. G., which God and justice grant me. G., which God and justice grant me, also that I would not be urged to complain about S. G., that I would like to have a treaty: yet this has not been helpful to S. G.; for S. G. have not wanted to accept my letter, but have had it delivered to me again unbroken by my messenger. And immediately on Friday after Antony 20 Jan, next past, the royal family has invaded one, called Niclausen von Amsdorf, in my place, as a bishop in the monastery of Naumburg; they have also made 2) subjects of the same dependent on him. And although the same subjects are aware of their duty to the cathedral chapter, so that they should not pay homage to any bishop, unless a chapter would give it to them, likewise of the imperial mandate, so that the cities of the St. Gall are not subject to it. They also knew how to remember my public notice and tender, from which they noted that I was their chosen bishop, and for this reason they wanted to stand up to the Elector's unjust search, They were, however, led by threats and strange, unheard-of practices, with colored but unsubstantiated appearances, to the point that they partly took the oath of allegiance on a new, unfamiliar oath, and took such before the chapter and I counted them free of their 3) duty, as would not have been due to me 4) if we had wanted to do so, for many brave reasons. And since some of the convent's honorable relatives and subjects, in consideration of their previous and uncounted duty and conscience, did not want to enter into it, they must therefore, as I am aware, expect persecution.

16 Now I do not want to raise this matter higher than it is in itself, but ask E. churund F. G., L. and favor subserviently, obligingly and kindly, they want the circumstances, and how

1. No. 1254, o.
2. In the old edition: "them".
3. In the old edition: "and their".
4. In the old edition: "we".

It is therefore everywhere that it should be considered where it would finally lead also in the Empire of the German Nation, if such an outrage were to be observed, and at the same time it should mean the freedoms of the monastery and the justice of the Empire in the monastery: namely, that 5) a chapter at Naumburg, by virtue of the rights, also custom, is entitled to the free election of a bishop, so that the Elector cannot, nor should not, presume on any grounds that one should not elect one without his consent. For one.

Secondly, that the bishop of the place, and a chapter in the absence of a bishop, is entitled to the government there in spiritual and secular matters. As it has been brought to this swift and unlawful proceeding in lawful practice.

18 Third, that the bishop of Naumburg receives the secularity of the monastery, along with the princely regalia, in fief from no one but Imperial Majesty. This is how the bishops, as often as necessary, have complied with it at all times.

19, Fourthly, that the bishops of Naumburg, as princes of the empire, are required by the Roman emperors and kings to attend the 7) imperial days.

Fifth, that the bishops of Naumburg, or their commanders, from the monastery may appeal without means to Imperial Majesty and his chamber courts. Majesty and their chamber courts, and has the right to do so. All of this may be justly proven, in case of necessity, and with good reason proven and executed.

Since the monastery, bishop and chapter have been in due custody and quasi-possession until the present disturbance of the Elector and unlawful interference, as they should still be, E. chur- and F. G., L. and F. G., out of high and good sense, can well and easily judge with what justification the same Elector, without prior legal knowledge, would dare to grieve the monastery as indicated, and to dissuade me, the rightly elected bishop, from the monastery, and to subject himself to all this, as if it were due to S. G., a bishop of his favor. a bishop of his own liking, contrary to the ordinary election of the chapter, and to tear the subjects away from the chapter, and to make such a bishop, who has been inserted and is supposed to have been inserted, subject to their consciences; also to withdraw the monastery from the realm and to subject it to it, regardless of the fact that such a thing is contrary to the ordinary rights of the bishop.

5. In the old edition: "that they".
6. In the old Ausgckde: "zurechte".
7. In the old edition: "dem".

70 Cap. 16: Measures taken by the Catholics. W. xvii, 99-101. 71

The monastery of Naumburg's freedoms, imperial majesty's remembrances, and the empire's decrees are contrary to and contrary to the old laudable customs in the empire. And if such a foundation should be taken away from the empire in such a way, and the subjects of the foundation should be moved, induced and urged against God, their duty and conscience: for which such a thing should be respected, and what should ultimately be done from this by all 1) sovereignty of the German nation, E. chur-, F. G., L. und Gunsten und männiglich wohl abzunehmen haben.

22. According to all this, I must, out of the demand of my duty and conscience, so that I am related to God our Lord, the Holy Empire of the German Nation, and also to the poor, oppressed monastery of Naumburg, request E. chur- and F. G., L. and Gunsten, humbly, obligingly, kindly requesting that the same E. chur- and F. G., L. and Gunsten want 2) for the strength of justice and to turn the unheard-of injustice to the Elector of Saxony, that his grace of the Naumburg Abbey cedes, and Niclausen von Amsdorf, whom S. G. and supposedly raised to a bishop, so that I remain next to the chapter in all and well established justice, and come to the possession of the chapter as the rightly elected bishop, and thus may duly and Christianly comply with that which I should not omit from my episcopal office and the appointment that has occurred.

If this does not take place with his friends, I am not mistaken, they want E. and F. G., L. and favor will in this case show themselves graciously, favorably and kindly with advice, help and support towards the Naumburg Monastery and me in such a way that the justice and freedom of the same monastery will otherwise be preserved by proper and compatible means and will not be withdrawn from the realm to which it is subjected without means, to which it is subjected without means, that I, as the right bishop, may truly come to the touched my foundation, and remain with the holy kingdom, as a member of it, and all the freedoms, rights and justices of the foundation, as I do not doubt, E. chur- and F. G., L. and in favor of equity and justice. In this way they prove a pleasant work to God Almighty, and in addition promote the benefit of the Holy Roman Empire and uphold justice, and also prevent the burdensome entrance that might occur in the same case against other estates.

1. In the old edition: "all".
2. Here we have erased "themselves".
3. "Christian" put by us instead of: "Churfürst!.".

For the sake of E. G., L. and F. G., I will humbly, obligingly and kindly, and with all diligence, be found willing and ready at all times to earn this.

1256: The Elector Frederick of Saxony's responsibility against Julius von Pflug's lawsuits.

See No. 1254.

Responsibility, so the most illustrious, highborn Prince and Lord, Lord John Frederick, Duke of Saxony, Archmarshall of the Holy Roman Empire and Elector, Landgrave in Thuringia, Margrave of Meissen and Burgrave of Magdeburg, at the Imperial Diet now held at Speier before Electors, Princes and Estates of the Empire by their Electoral Grace. Gn. He has publicly denounced Julius Pflug, who calls himself Elertum at Naumburg, for his disparagement and alleged complaints, which he made there against His Electoral Grace before the above-mentioned Electors. Gn. before the above-mentioned sovereigns and princes of the empire. Whereupon Julius Pflug's claim also stood, such is from the above-mentioned of the

Elector's responsibility to take emergency measures.

1. most reverend, most illustrious, most reverend, most illustrious, highborn, venerable, wellborn, noble, best, strict, honorable, honorable and wise, most gracious, gracious, favorable lords and friends. After the honorable and highly learned Julius Pflug, under the presumptuous title: Electus Episcopus Naumburgensis, recently published a ""thoughtful, extensive and vexatious complaint in the common Imperial Council against the most illustrious, highborn Prince and Lord, Duke of Saxony, Archmarshall of the Holy Roman Empire and Elector, Landgraves of Thuringia, Margraves of Meissen and Burgraves of Magdeburg, our most gracious lord, whereupon we humbly request that the same be sent to us, so that we may send the same to our most gracious lord, to have their constant counter-report done thereon; which has been graciously and favorably granted to us, of which we are grateful to E. chur- and princely. Graciousness, Grace and Favor we thank you quite humbly, also diligently, obligingly and kindly. And we then humbly send this document to His Electoral Grace, with the request to order us to do what we would like to do to His Electoral and Princely Graces, Graces and Favors. Grace, Grace, Favour and you thereupon in return.

72 Section 2: Election of the Bishop of Naumburg. No. 1256. w. xvii. 101-104. 73

We have received an order from His Electoral Grace to submit the following counter-report and reply. We have received an order from His Electoral Grace to make the following counter-report and reply. For, although His Electoral and Princely Graces, as well as His Graces and Charities, have subsequently been burdened with the most important and most excellent affairs of the German nation and common Christendom, since the aforementioned plow has not shied away from charging our most gracious Lord, as a Christian, honest and praiseworthy Elector, with such excellent affairs, as well as other opportunities, without any just cause, against His Electoral and Princely Graces, as well as His Graces and Charities, with often saved truth. The fact is that the Electoral and Princely Graces, as well as the Graces and Favors of the Electorate, will not be able to take into consideration such excellent business, as well as other opportunities, without all just causes, against the Electoral and Princely Graces, as well as the Graces and Favors of the Electorate. The same applies to the graces and favors of the Electorate and the Prince. His Electoral Grace's true responsibility against this.

2 And when he, Julius Pflug, initially stated, among other things, that he sought only the Naumburg chapter and its justice, and no one's harm, and that it was no small burden to his mind that he was forced to quarrel against his sovereigns, we indicate, contrary to our order, that it is because of this, as his writing reports, that he, due to inability, should not have burdened himself with quarrels and become repugnant to the House of Saxony and the fatherland. That he nevertheless subjected himself to it, there is certainly nothing else to excuse him than, as found with many of his peers in these latter times, the sorrowful temporal hope that he, as a born nobleman, would now like to be respected and scolded as a prince, as this alone is undoubtedly in his head (sic), that he has striven so wickedly so far, and still, so much in him, so that he might tear the pin from the House of Saxony and the fatherland, he should nevertheless consider that it would be more advisable for the reported House of Saxony to suffer another hardship (which God will mercifully turn) over this, than to have their lands, their intention, torn apart in such a way by him and his peers, against old custom.

3. and that Pflug is not driven by divine or Christian zeal, as he pretends to be, to this unauthorized bickering, but only by the ambition he touched, this can be easily and well judged from this: for with conscience he will never be able to deny that he was not in the life of the most illustrious, highborn prince and lord, Mr. Philipsen, bishop of Freisingen and administrator of Naumburg, born Count Palatine of the Rhine 2c.., blessed, because H. F. G. often

sick, this said, on this foundation secret and cunning practices were carried out behind the Elector of Saxony, as the patron and prince of the protection of the soldiers, which then moved the Elector of Saxony two years ago to let him know that he wanted to abstain from it 2c. For even though Pflug is not unskilled in his way for a French and Roman student and scholar, S. C. F. G. has therefore kept him all the less in Naumburg, in S. C. F. G.'s lands, than S. C. F. Gn. and their subjects, including those of the abbey, of Christian confession, and also those who are averse to the reception of the reverend sacrament according to divine institution and Christian church customs, could never consider him useful, tolerable and suitable for the episcopal office, since he is bound by papal doctrine, ceremonies and commandments, It is not possible for him, as a priest, dependent on papal doctrine, ceremonies and commandments with duties, to be a church shepherd and bishop for the Christian people reported to the church, so God's word and touched confession in cities, villages, also the more part of the nobility, and to keep house with them 1) well and in harmony.

4 No one will be able to believe that he ever had any doubts about whether he wanted to accept the episcopate or not, since he had sought it so long before with all Roman lists and practices. And even if he outwardly posed as if he had doubts about accepting the position, it was still pure hypocrisy and gilding, for which nothing caused him, except the aforementioned notice that the Elector of Saxony had given him a few years ago, as reported, and that he hoped and believed to come into the position of the monastery, castle and estates against the elector's thanks and will. For if he had been serious about whether he wanted to accept the endowment or not, it would have been most questionable for him, according to the present circumstances, and especially against the sovereign and the fatherland, against God and conscience, as well as against the honorable good customs of all peoples, to get involved in such a way.

5 For the direction of his mind can be well understood from his search, which he is making to your electoral and princely graces. And that he, because he does not want to suffer well through his Roman cunning plots to the poor monastery, which truly does not know how to come by a small, small income, would also like to see it out of an unbishoply and unchristian mind,

1. In the old edition: "of the same".

74 Cap. 16: Measures taken by the Catholics. W. xvn, 104-106. 75

that the sovereign and the Christian subjects of the monastery would be burdened and weighed down, who once expressly declared, without all the practices or coercion of the Elector of Saxony, as Plough S. C. F. G. imposes with impudent unreason, that they would not consider agreeing to any bishop who is not of a touched confession and doctrine, and to command body and goods to God. For they themselves would have considered and can consider how they would sit in love, tranquility, unity and peace with such a bishop.

Thus, Pflug cannot write with a clear conscience that there is any Christian, honest or reasonable cause that could have moved him to this unchristian insistence, outside of his conceived ambition. For neither he nor anyone else can say with truth that the Elector of Saxony ever presumed to deprive the monastery of the slightest thing; neither is S. C. F. G.'s mind today; just as S. C. F. G. is against the most noble and illustrious, highborn Elector and Prince, namely Herm Joachim, Margrave of Brandenburg, 2c., Prince, Mr. Moritz, Duke of Saxony 2c., Mr. Philipsen, Landgrave of Hesse 2c., our most gracious and gracious lords, when they were with each other at Naumburg in a short time, as Pflug writes, he has expressly let them be heard. In the presence of some of the chapter at Naumburg, also from the monastery estates, S. C. F. G. have had everything that was available at Zeitz as movable property, since S. C. F. G. took the monastery into custody or custodiam against Pflug's practices, properly described, inventoried and decided.

7 And when afterwards, by Pflug's and the Naumburg chapter's excellent cause, the venerable Nicolaus von Amsdorff, by his electoral grace, was appointed a Christian bishop of Naumburg, qualified according to the Holy Scriptures, in addition to the chapter's estates, S. C. F. G. had the same chapter assigned to him, with all grants and authorities, and also complete government; which the entire chapter knows, even without this being the case. For in order that Julius Pflug and his followers may not imply to S. C. F. G. that S. C. F. G. did not mean the aforementioned custody, but wanted to subject themselves to the monastery itself, such has been one of the reasons why S. C. F. G. proceeded to the touched decree of a Christian bishop, besides the monastery estates.

8. The bishop of Naumburg, Nicolaus von Amsdorff, is also a witness to the Holy Scriptures.

He is a licentiate, well aware of Christian conscience, and has given such testimony to his teaching, conduct and life in the places where he preached and proclaimed God's word before, as especially with the council and the entire community of the old, honest and great city of Magdeburg, that he will not allow the church at Naumburg to be deprived of anything for the sake of anyone of higher or lower status, to the detriment of his conscience, nor will he act unjustly for himself. Thus the Elector of the monastery desires nothing more than to remain and be left with her and the House of Saxony's established rights and privileges, which will be further reported hereafter.

In addition, the monastery and the people are sufficiently, Christianly and well provided for with the reported bishop, Julius Pflug, 1) even if they do not have the above-mentioned deficiency with him due to the repugnant doctrine, praise be to God, and, as we do not note otherwise, well satisfied. For this reason, Pflug has left him undisturbed before God, since the same bishop seeks the salvation of the dependents and subjects of the chapter and the entire superintendency with faithful, high diligence, with the proclamation of God's Word and other Christian achievements, and exercises his episcopal office according to the instruction of the Holy Scriptures and St. Paul. Furthermore, because he has the right vocation before God for the same office, he will practice Christianity without any doubt.

Thus the Christian people of the monastery and the entire Naumburg superintendency can sit in love, peace, tranquility and Christian unity with the reported bishop of their religion, and otherwise everywhere, as well as the sovereign and patron, the Elector of Saxony, who otherwise would have to be in constant trouble and unrest because of the obligatory protection. Therefore, it is clear and obvious that there is no divine, just or lawful cause that should motivate Pflug to this quarrel of his and to strive and act against the sovereign and the fatherland.

In the past, pious, Christian and kind-hearted bishops, as the histories show, resigned from their episcopal sees, of which they were already in full possession and granted, and did not let the supposed jus quaesitum in God's ecclesiastical offices continue, where they alone noticed that they had neither love nor good will with the people, and would not create fruit for their salvation and happiness. How does Julius Pflug want it here?

1. That is: instead of Julius Pflug.

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He has to answer to God that he wanted to present himself to the reported foundation and people, to whom he was not agreeable, and that he also wanted to cause all kinds of troubles because of it, which will now willingly not let itself be pressed by God's word on its opinion and human statutes, but will keep God's command and commandment: Cavete a falsis prophetis; as also the estates of the same foundation, as obftehet, have already let themselves be clearly heard.

12. And for this reason, the Elector of Saxony has made no secret of the fact that he considers Julius Pflug's repugnant religion and the great burdensome circumstances associated with such repugnance to be a cause, 1) S. C. F. G. for a bishop also unpleasant and inadmissible. For what kind of a bishop would it be who would pull and push his church and his people away from God's word, who would also sit with the same in constant unwillingness, strife, quarrels and discord, and would not build, but only devastate?
13. The fact that S. C. F. G. had the next Regensburg discussion reported when S. C. F. G. took custody of the monastery: this was done solely to indicate and prove that Pflug was not S. C. F. G. and the same religious relatives, nor the Naumburg monastery's subjects of confession and religion, but was repugnant to them, because he had allowed himself to be ordered to the reported discussion on the papacy's side. For he is otherwise so slippery that he has allowed himself to be heard in writings against several estates of the foundation that he has never been nor done anything against the pure doctrine, so that he might well deceive good-hearted people. Otherwise, S. C. F. G. has little lack of the suppression in question, and that he allowed himself to be used for it, for which reason it would have been unnecessary for him to lose so many words about it in his complaint.

14 Without a doubt, he would not have entered the service of Mainz, where he would have been the Elector of Saxony and his kinsmen, as well as the subjects of the Naumburg Abbey, so that S. C. F. G. would not have had much faith or trust to plow in their offices and courts. Therefore, no one will doubtlessly blame S. C. F. G. after all opportunity. S. C. F. G. would also know how to give further answers to his supposed extenuation, where it would be convenient. But after a bishop of Naum-

1. The pike: This is the first reason why Pflug is not convenient for the Elector as bishop. The second cause is given in § 14, the third in § 15 2c.

If S. C. F. G., as sovereign prince and patron, is obliged to advise and help in his and his country's matters, and also to attend the Diet in such cases, and if S. C. F. G. would not be advisable, because Pflug confesses to the Mainz and Magdeburg Councils, to go to their and their country's matters: then your chur- und F. G., and your graces and favors have to understand from this, how Pflug can or may be acceptable to S. C. F. G. at Naumburg for a bishop, because S. C. F. G. does not know to let himself be deprived of glory.

15 From time immemorial, a large area of S. C. F. G. land has belonged to the Naumburg superintendency or district, as it was then called, with regard to church and spiritual matters; and although, due to the inconsistencies in religion that had occurred, S. C. F. G. had to have the spiritual and church matters concerned transferred to other ways at great expense for several years, a bishop at Naumburg had the rent and validity for it. C. F. G. had to have the alignment of ecclesiastical and church matters in other ways provided with expenses some years ago, but since a bishop at Naumburg has rent and validity for it, and Julius Pflug is S. C. F. Gn. Since, however, a bishop at Naumburg has rent and validity for this reason, and Julius Pflug is not of S. C. F. G.'s religion and confession, so that he would like to lead the ecclesiastical episcopal superintendency in the affected places of S. C. F. G. without destruction, then from this the third cause, founded in reason and all Christian equity, is to be heard, that Pflug is not to be had, nor permitted or tolerated by S. C. F. G. and its lands for a bishop at Naumburg.

16. But to take up the fourth main cause, why Julius Pflug did not know the Elector and House of Saxony for a bishop at Naumburg, nor the ways, of which he complains, inevitably had to take in hand, otherwise S. C. F. G. wanted to remain undecided of their glories and rights and of the same sovereignty or quasi sovereignty at a bishop and the monastery of Naumburg: so we have order to indicate this from the first, that the Elector of Saxony 2c., of our most gracious lord, has never been, nor is it yet, to deprive the realm of the rights which it has over the monastery of Naumburg and a bishop there; this shall also be true, and not otherwise. But that Pflug wants to draw and introduce from the same of the empire's rights (as he does not allow anything to be gained from too many lenient indications), as if the Elector and reported House of Saxony should not be entitled to any rights to the monastery, because that perhaps S. C. F. G. should be a mere emergency servant, for the sake of protection, so, if S. C. F. G. is in need of hereditary protection, that they should not be able to use their electoral rights.

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The House of Saxony does not confess to this at all; as Plough has noted without doubt enough from the entire writing that Duke Heinrich of Saxony 2c., blessed, and the Elector, who is bishop of three of the House of Saxony, sent to Imperial Majesty against Regensburg a year ago. Majesty against Regensburg a year ago, the contradiction has undoubtedly been sufficiently noted.

17 If Julius Pflug may also pretend such things against the House of Saxony and the fatherland, since he does not have the sovereignty of the foundation: what would he have undertaken, if he had been granted such a possession, since he is so eager for the supposed princely state? therefore it is his only concern, and much more, than the episcopal pastoral care and superintendence. But God, whom he so often calls his reason, also his dear God, and yet knows little, also strives to see God's will and work destroyed, will repay him; he will know that.

18. But what the House of Saxony is accusing him of in terms of justice with their bishops and monasteries, among other things, the above-mentioned Duke Heinrich, blessed, and the Elector of Imperial Majesty have indicated in the above-mentioned letter to Regensburg, among other things, most humbly.

19 For this purpose, a chapter of Naumburg has decided to elect such a bishop who is agreeable to the sovereign prince and patron, and to whom he is inclined with good will; as the postulation of the above-mentioned bishop Philipsen at Freisingen shows. The same chapter has also, as we do not know otherwise, announced their election day to their sovereign, and otherwise publicly announced it. In such cases, the submissive request of a newly elected bishop has also been made, as is proper for a chapter's sovereigns and patrons.

20 But after the death of the same bishop Philip, the chapter of Naumburg, no doubt due to Pflug's and his followers' instigation and practice, began to oppose custom; perhaps because Pflug had previously noted that he did not want to be acceptable to the Elector as bishop of the place. For although the Chapter, about two years before, promised the Elector's skill, since at that time a rumor arose that Bishop Philip should be deceased, to no election nor postulation without His Electorate. Gn. without the foreknowledge of His Electoral Grace. Grace graciously? The following is to be expected

The aforementioned chapter, contrary and improper, also against custom and previous laudable usage, secretly and deceitfully continued to disregard all reminders given to them by the Elector through His Electoral Grace. Gn. Envoys, and otherwise in writing, and also about Sr. The Elector's gracious admonitions not to hurry, but to look for such a person from his own means, or, if there is no such person, to look for another one, whom the Elector's Grace, as well as his territories, can find. If they do not know of any, they have orders to indicate to them several persons to choose a Christian bishop from them.

21 However, the same chapter members, of whom there is said to have been a small number at that time, have stretched their heads and continued to do as they pleased; which has not unreasonably burdened Your Electoral Grace, as Your Electoral Grace and favor themselves can easily consider. Graces, also Graces and Favors themselves can easily consider that all this also happened from Er Julius Pflug's substructure and instigation, perhaps and without a doubt with such and such delays, where they mentioned to him that he trusted to lead it out, even though it was displeasing to the Elector. This is to be understood from this, because otherwise he would have had to be described and required by Mainz for the election, so that he could have reached the election day, but this would not have been possible in a hurry.

22 And although the Elector of Saxony, as the prince and patron of the monastery, would have had good cause to immediately order Sr. Gn. The Elector of Saxony, as sovereign prince and patron, would have had good reason to take such a course of action, as was subsequently done, against such dangerous arrogance: nevertheless, His Electorate, the Elector of Saxony, has taken the matter into hand almost three times. Gn. have watched and been patient for almost three quarters of a year; and while it has been said that Pflug is in doubt as to whether he wants to accept the endowment or not, His Electoral Grace has, through some of their councillors, taken up the matter. Gn. had some of their councilors and servants from the nobility talk further with some individuals of the chapter, but only for themselves, and also indicate possible ways, so that such ways, where the priests would have wanted to consider it, would not have been necessary. However, nothing has worked, nor what His Electoral Grace has done through their councils. Naumburg, when the above-mentioned Electors and Princes were in Naumburg with each other.

23 But that plow, so that he ever enough denigrate the sovereign and exercise his displeasure,

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writes: "His Electorate. His Elector's Grace had told the chapter that they should not be obliged to choose another bishop, but that His Electoral Grace wanted to make provision. He reported too little on this, and partly concealed the truth. For when the Chapter had opposed the aforementioned S. churfürstl. Gn. The chapter had so much noted in the reason that it would not elect such a qualified bishop, even in the case of Pflug's dismissal, with whom His Electoral Grace and the subjects would be satisfied. The Elector and the subjects of the monastery would be at peace and at peace for the sake of religion and otherwise. They have been told again by His Electoral Grace that they should also remain silent in the case in question; thus a notary public is needed for the same speeches and actions, whose instrument will well indicate the reason and the circumstances.

24 After both, Plough and the Chapter, had been involved in vain deceit, and, as is said, had at times spoken and not spoken, and had outwardly let themselves be heard, but had meant and done something else, solely in the opinion of depriving the Elector of Saxony of his rights to the Naumburg Abbey, and of depriving His Electoral Grace and the House of Saxony of them, Your Majesty, the Elector of Naumburg, of his rights to the Abbey of Naumburg, and of his rights to the Abbey of Naumburg. and the House of Saxony of the same: thus, His Electorate and yours have taken the Together with theirs, they must consider it more advisable, as without doubt each of His Electoral Grace's status is in the same case. In the same case, His Electoral Grace would have to consider it more advisable, as no doubt any of His Electoral Grace would do in the same case. The Elector's Grace would have to be more cautious, as no doubt every Elector's Grace would do in the same case, so that His Elector's Grace would not be deprived of their justice by the whistles. The Elector's Grace should have filed a complaint, because everyone is permitted to protect and handle his estate or quasi estate by convenient means; for this reason, Julius Pflug, he would have been justified in refraining from imposing the duty of protection on the Elector, and on His Electorate. Gn. ancestors' vaunted prescriptions, which he will also hardly know how to present on his interpretation. Thus, as it is said, the patron and the one to whom he is obligated to protect are bound to equal respects; for how would the patron come to it, since the patron seeks his justices, that he should nevertheless be obligated to watch him do so and sit quietly?

Thus Pflug was also so proud, perhaps in the confidence of his practices, that he did not like to greet His Electorate as the sovereign protector and patron. Gn., as the prince of hereditary protection and patron of the foundation, reluctantly greeted him with a letter or a friendly, compliant notification, even though Bishop Philipp, born of a high princely stock, did not desire anything else than a friendly will, also through the support of the next deceased two prince electors, to the much-reported foundation.

26 For although Pflug's friendship according to the ordered custody requests His Electoral Grace with a petition. with a request, His Electoral Grace may well suffer that Pflug be heard. His Electoral Grace may well suffer Pflug to be heard as to how he would like such a request to be made.

27. That also the Elector of Saxony, as Pflug writes, did not accept his letter when His Electorate was in the process of providing a Christian bishop for the monastery, but sent it to him again unbroken. The Electors were in the process with the monastery authorities of providing a Christian bishop for the monastery, but had the letter sent to him again unbroken: this happened for the reasons he notes from the note which the Electors ordered his messenger to give through their chamberlain. Gn. ordered his messenger to give through their chamberlain. And although he reports in his present letter of complaint what should have been stated in the letter, His Electoral Grace does not know it, for what he now says is not true. Grace does not know, because what he now wants to report himself. However, since Pflug uses an unusual superscription, he should have pretended, as the Roman art does, where the Elector accepted the letter, that His Electoral Grace would have reported what was in the letter by the mere act of writing it. Gn. had tacitly and tacitly accepted his opinion by the mere acceptance.

That ploughs have dealt with the chapter alone, and will again, as much as is in them, strive how they would like to lead the pious Christian people into further expense, damage and trouble, out of hatred of their known and accepted religion and God's word, in constant discord, persecution, displeasure and unkindness with the subjects of the chapter, and especially the cities of Zeitz and Naumburg, can be clearly understood from the alleged mandate, which was issued to the reported cities by Imperial Majesty our most gracious Lord at the most recent Imperial Diet in Regensburg. Majesty, our most gracious Lord, at the recent Imperial Diet in Regensburg, in which the city of Naumburg complained to the noble Imperial Majesty, among other things. Majesty, among other things, complains about and is damned because of an old stone wall 1) that stood in a very inconvenient place, and all filth gathered under it, also caused the neighbors a lot of trouble; moreover, that such old masonry in their stately fair of St. Peter and St. Paul was quite obstructive to driving, walking and weaving, broken away, and the street of the place widened.

29 The city of Zeitz is accused of having taken the monasteries there into their hands, and of having deprived the monks of their proper habit, or clothing of their order, which was done solely out of hatred of their adopted true Christian religion, and also to prevent the Christian schools, which the poor people had for their own use.

1. In the old edition: "Mauerwegs".

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Children and youth have been raised with them, and thus brought to their Imperial Majesty with a reason. Majesty.

30 To this end, the same alleged mandate has been demanded from the Highly Revered Imperial Majesty. Majesty that the braggarts would have been happy to deprive the Elector and the House of Saxony of their hereditary protection of the monastery. But that Pflug is certainly not concerned with the episcopal office, nor with the order which St. Paul gave to the bishops of Mile. Paul gave to the bishops of Mileto in his departure there, but only about the prince and the desired princely state: Such is to be heard from the further sufficiently that he so gladly wanted that a bishop of Naumburg would be respected and accepted for a prince of the empire, and the monastery completely and only for a monastery of the empire, with all glories and rights; And do not consider that the same monastery has such a small income, because the unspiritual drudgeries fall in the lands of the sovereigns, that with a magnificent bishop the necessary officials for the civil and secular matters can be maintained there with pay and food. If a bishop of this place should also be an imperial prince and use imperial status and session, then he would not be able to make use of such income. Therefore, and due to such concerns, the bishops of the place have undoubtedly kept to the sovereign and their lands from time immemorial; Roman emperors and kings, considering their incapacity, have also let it happen in this way. If Plough had been interested in the direction of the episcopal office, also spiritual and church matters, in his mind, and had wanted to seek the welfare of the monastery, if he had come to the same office, he would have been more obligated before God to spend the affected monastery's small income on the assistance for the spiritual and secular government of the monastery and the superintendency, than to spend impossible expenses on the kingdom's dealings on account of the monastery, to its insurmountable burdens.

That it is also different with the reported monastery and a bishop there, because as Plough presented to Imperial Majesty at Regensburg obreptitie and surreptitie. Majesty at Regensburg, and now again impudently claims: that the Elector of Saxony is claiming one thing on the former Duke Henry of Saxony, and on His Electoral Grace's counter-report. Grace's counter-report, Imperial Majesty sent to Regensburg. Majesty against Regensburg. Thus also His Electoral Grace has no doubt. Grace does not doubt that if many honest people from his friendship were questioned, they would report to each other and against him. In addition to the fact that all Imperial Deputies

The differences that have been made at imperial congresses in living memory testify to the contradiction, since no bishop of Naumburg nor his deputies are found in them.

But about this, His Electoral Grace will let the following true report be made. The following truthful report against it, because it is in accordance with the old Electorate of the Holy Roman Empire. Gn. The bishops of Naumburg, when they were required to attend imperial congresses or to pay imperial taxes and assessments, sent their own to the sovereigns and informed them of the mandates, requesting that, since they belonged to the lands with their monasteries, they should demand and take them from the sovereigns. Accordingly, it is also found in the imperial treaties of the Diet of Augsburg, held anno decimo, when Emperor Maximilian sought help from the Empire against the Venetians, that Duke Frederick, Elector of Saxony 2c., the bishops of Meissen, Naumburg and Merseburg, as well as the abbot of Saalfeld, together with several counts, on account of the House of Saxony, and did not want to agree that the reported bishops, abbot and counts should be summoned by the House of Saxony 1) in attacks without means on the empire.

33 On which Duke Frederick, also the Elector of Brandenburg, Margrave Joachim, and other more Electors and Princes' Removals, the Emperor Maximilian has set an article in the treaty, with the approval of the Electors, Princes, and Estates of the Empire, which we hereby humbly and officially request to be read. And that such removal and evisceration by the Electors and Princes of Saxony, before and after the time in question, will occur more frequently; and especially at Worms, where the present Imperial Majesty has been called upon to provide assistance. And especially at Worms, where the current Imperial Majesty was granted help for the march to Rome; also at the next and last Imperial Diet held by Her Majesty at Augsburg, when the persistent help of the Turks was discussed there, in addition to the House of Austria and the Elector of Brandenburg, for the sake of their bishops and prelates: this is known, and can also be sufficiently demonstrated in case of necessity.

34 Thus the often-mentioned Bishop Philip of Freisingen and Naumburg, born Count Palatine, has without a doubt had as much innate, honorable and sincere princely mind as Pflug, as a nobleman of the House of Saxony, can always boast. Plough, as a nobleman of the House of Saxony, can always boast of; it would also be your Princely Highness, without doubt, for the sake of his duty. G. would undoubtedly, for the sake of his duty, hold the reported kingdom as little to the disobedience of the Naumburg monastery.

1. That is, away from the house to Saxony.

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The first two are more likely to have broken off something than Pflug is now pretending to.

35 However, His Holiness has not presumed to do so. F. G. did not allow such things to be heard at any Imperial Diet, contrary to the House of Saxony, much less presumed to put them into effect. For since His Grace, as a bishop of Freisingen, has ever sent his own to imperial congresses, they have, according to their orders, more than one thing that is provable, publicly indicated that they were dispatched by their master, as a bishop of Freisingen, but not as administrators of Naumburg.

36 Thus also His Holiness the Elector's father, the Holy Roman Emperor, compared the Turkish help with their territories at a Diet in Zwickau, about 12 years ago, and imposed it on the collegiate estates by letter and request of His Holiness the Elector, the Elector's father. Also, when after that, at the previous Imperial Diet at Regensburg, the Turk set out for Austria with a mighty army, H.F.G., at the friendly request of the Elector, assigned the help of the Chapter to H.F.G., and sent the remuneration to the Elector, and paid the same with H.C.F.G.'s help, and not to the Empire without means.

37 And against this it does not matter that Plough indicates that the bishops of Naumburg should have been required by Roman emperors and kings to attend imperial congresses; for that they neither appeared nor sent them, the imperial treaties, as reported above, sufficiently prove, and the requirement does not matter either, where the paritio does not take place, and have been taken from them by the sovereigns.

38 And because Bishop Philip of Imperial Majesty and of the Empire has remained in this position. Majesty and for the sake of the empire, on the Elector of Saxony's, as the prince of land and hereditary protection, most submissive request: Pflug should also have had the intention to leave the Elector and the House of Saxony unperturbed with his too much lenient petition, as a compatriot and subject of the said house, and to spare them humbly; However, he could not refrain from doing so, but secretly, without the knowledge of the Elector, he took upon himself to demand from the Naumburg monastery, before the Elector's taking of the same monastery into custody, the first deadlines of the most recent urgent Turkish aid granted at Regensburg, with notice to deliver the same at Frankfurt for the sake of the monastery; which Plough, it should be noted, did because he thought that he had done so by such cunning, secret actions,

The court shall be entitled to withdraw from the monastery, contrary to custom, and from the House of Saxony, in such and similar actions.

39 From which heard stories E. chur- and F. G., also graces and favors, also everyone can easily conclude according to the fairness and respectability with them, how plow to the Elector of Saxony, as the sovereign also patron and patron, for a bishop in Sr. churfürstl. Gn. lands and principalities in any way, who only works diligently against His Electorate and the House of Saxony. Gn. and the House of Saxony, and to deprive it of its own. He could not be suffered by H.C.F.G. if he were already in the posse, much less is it expedient for H.C.F.G. to let him come into it; and for this purpose, it is necessary to do that from which the realm derives little or nothing. For if it should happen that a bishop of Naumburg should be drawn from the House of Saxony to the realm without means in charges and taxes, then the Elector, as others do more, would have to seek wrestling of their attachments and charges unavoidably.

40 In addition, Pflug would like to take over the court of the incompetent monastery of Naumburg, which, even if he were a bishop, he would not be able to carry out. Now, however, in the Pope's own rights, such a thing is considered reasonable, fair and honorable, that the sovereign may object to the election of a chosen bishop for such reasons, even minor ones, and oppose it. Should now His Elector's. If His Grace could have allowed Pflugen to come to the Provost of the monastery about this, then S. C. F. G. would have had to drop their rightfully founded argument and opposition against Pflugen's person, which S. C. F. G. does not owe. F. G. does not owe. But to carry out the same opposition or exception before the Pope's compulsory court, to which he has referred such and such merchandise, the Elector sine praejudicio S. C. F. G. and their fellow Confession members could not do so, nor was he obliged to do so for the sake of many precedents, nor yet, moreover, for the sake of all the lack of a common, free and impartial concilium to be held in the German nation, which concilium the Elector of Saxony has hitherto enjoyed with the Pope, on which the Elector of Saxony has relied, in order to accuse him of all the things for which Pflug believes him to be guilty, as His Electoral Grace, the monastery in custodiam. The Pope is not to be held responsible for the consequences of his actions.

41 And although Plough remembers out of courage and without causes that E. chur- and princely. Graces, also graces and favors wanted to be-

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If you think what it would do to the Empire of the German Nation if you were to see such an outrage (as it is impudently and unobtrusively inflicted on our most gracious Lord, the Prince Elector), then without a doubt, E. C. and F. G. will also have the grace and favor to judge again to what burdensome disadvantage it would be for Sr, will, without a doubt, judge again with their graces and favors to what burdensome disadvantage Sr. C.F.G., as well as other princely houses that have episcopal monasteries among them, would be led, where such dangerous outrages and deceitful actions and stalking of the courtiers are to be looked after. Thus also His Electorate. In this case, for the preservation of their justice, out of unavoidable necessity, and Sr. churf. Therefore, anyone who does not encounter such a situation will know how to keep to it, so that no unfair imposition arises.

Thus Pflug has also drawn the Elector to supposed displeasure: whether His Electoral Grace has offered to grant him an honorary dignity, which he has applied for in Naumburg with writings. Gn. offered to the Electors and Princes of the Legion, which he applied for at Naumburg with writings, with a submissive request to expel the Elector of Saxony from his dominions, a negative answer would still have been received from Sr. churfürstl. Gn. had given a negative answer. Now it is not without reason that Pflug has written to the above-mentioned Electors and Princes of the Legion of Naumburg; their Electors and Princes have also written to this Elector of Saxony. Their Electors and Princes have also sent Pflug's letter to the said Elector: however, it has not been sought from His Electoral Grace. However, it has not been sought from His Electoral Grace that His Electoral Grace should receive this most important matter. The most important things, of which their Electoral and Princely Grace is the subject, have not been sought from His Electoral Grace. He lets himself be heard in a much-touched writing that it would be difficult for him to accept a judge according to the favor of our gracious lord.

43 Because E. C. F. and F. G., also graces and favors, find from this all by reason of and by order of the Elector of Saxony, true and constant counter-report, that the chapter at Naumburg has urged Your Lordship, the Elector of Saxony. for the protection and protection of their and the House of Saxony's competent righteousnesses and glories, also urged for their protection and guarantee; furthermore, that even in these dangerous times, lest erroneous teachers and enthusiasts might infiltrate the people in the monastery, since there is no Christian bishop, it was necessary, out of unavoidable necessity, to proceed with the ordinance, in praise of the Almighty and for the benefit of the Christian people; as the Christian preachers of the monastery also had to do. Preachers of the convent the

The whole year, because the monastery lacked a proper bishop, the people admonished in the pulpit with all their faithful diligence to ask God to give them and the monastery a righteous bishop who might exercise his episcopal office in spiritual matters, as the Scriptures would have him do.

44 Thus also His Lordship will kindly and graciously ask for the support and favor of the monastery, They will not blame the S. C. F. G. and the monastery's estates for the actions taken, but will reject Pflug's unnecessary and unauthorized actions, nor will they allow themselves to be moved to some unfriendliness, advice, support or help against the S. C. F. G. and the many estates of the Naumburg monastery, according to Pflug's dishonorable request. For S. C. F. G. together with the aforementioned monastery estates of the nobility, and others, who have voluntarily and unreservedly accepted the decree of the above-mentioned venerable Er Niclausen von Amsdorf as Bishop of Naumburg, even without all the help of the Elector of Saxony (as Pflug has asked Sr. C. F. G. with knowing unreason) dangerous practices, except for a few, which may be related to Pflug with friendship, and therefore do not come to the place, with God, honors, also with good conscience and rights. The people who have helped Plough to do this, without any violation of their duty or conscience, are unashamed, if Plough ever does not think to be calm about this, therefore to be fair and Christian right to him in the above-mentioned free Christian concilio, where also the things belong to be carried out on both sides because of the discord against the pope.

45 Because Julius Plough also touches the duty of the pious people, the nobility and the cities, so much report shall be given by divine bestowal against this and other of his sought-after pleas, that he and only men shall find that they have acted and kept themselves as God-fearing Christian gentlefolk, so God and the highest things set before them, as befits any Christian.

46 As far as the relationship and duty of the chapter and a bishop of Naumburg towards the empire is concerned, since it has been sufficiently heard from the above report that the Elector of Saxony is not in the mind to deprive the empire of any of its due and traditional rights, His Electoral Grace wants to be in agreement with His Electoral and Princely Grace. Gn. in agreement with Your Electoral and Princely Grace. They will also take the same matter into consideration in the ways and status of the kingdom.

88 Erl. (2.) 26, 93-95. section 2. election of the bishop of Naumburg. No. 1256 f. W. XVII, 122-124. 89

to help to let remain, so that His Electoral Grace and the House of Saxony. The Electors and the House of Saxony, in turn, will also be left with their rights, which they have brought to the Naumburg monastery and its bishop from time immemorial, and of which the said House of Saxony has also hitherto remained in unresolved grants and possessions, and will show themselves in such a way, as without doubt everyone, if such a matter concerned him, would have liked to have done by the Elector of Saxony, and as equity also requires. The S. churf. Gn. are kindly inclined to do this for the E. churf. and the F. G., and for the others for the E. G. and the F. G., with favor, grace and all good. Date 2c.

Your Lordship, your Grace and your favor, subservient and entirely willing to the Elector of Saxony and Burgrave of Magdeburg, the Councilors of Speier.

1257. Luther's writing: Exemplary to consecrate a right Christian bishop. At the beginning of March 1542.

On January 20, 1542, Amsdorf was appointed bishop of Naumburg by order of the Elector, against Luther's advice to wait. At the request of the Elector, Luther wrote the present document to justify this action, which, as Luther wrote to Amsdorf, was in print on March 5 (not February 12, as dated by De Wette, Vol. V, p. 433). The first print appeared under the title: "Exempel, Einen Rechten Christlichen Bischofs zu Weihen. Done at Neumburg, Anno 1542. 20. lanuarij. D. Mart. Luther. Wittemberg." At the end: "Gedruckt zu Wittemberg, durch Nickel Schirlentz, M. D. XIDI." 9 sheets in 4. In the "Gesammtausgabe":: in the Wittenberg (1554), vol. VII, p. 566; in the Jena (1562), vol.VIII, p. 1; in the Altenburger, vol. VIII, p. I; in the Leipziger, vol. XXI, p. 412; in the first edition of the Erlanger, vol. 26, p.76 and in the second, vol. 26, p. 93.

Martinus Luther Doctor.

We poor heretics have once again committed a great sin against the infernal, unchristian church of the most infernal Father, the Pope, that we have ordained and consecrated a bishop in the monastery of Naumburg without all Chresem, also without butter, lard, bacon, tar, sea, incense, coals, and what is more of this great holiness; in addition, against their will, but not against the will of the bishop.

1. In the original edition throughout: "Neumburg".

without their knowledge. For whatever great, terrible sin we would like to humbly ask for indulgence and forgiveness, we lack the two greatest pieces of repentance: First, that such a great sin does not want to repent nor can we be sorry, since no sin can be forgiven without newness and sorrow, even if the papal indulgence with all its groundless indulgence stuff and treasure would like to be sold or given away for free. On the other hand, we are also so weak in faith (although they may call us hardened) that we cannot believe that such a terrible sin would be forgiven by them. But whoever does not believe in the forgiveness of sins, they cannot be forgiven, so they must remain condemned in this sin of ours, strained and finally in despair, without all the grace and mercy of the infernal Father. Amen, God help us, amen.

(2) Although we have had to do severe penance enough for such and such a sin, which we happily recognize, publicly confess and confess, now for longer than twenty years, since they have shed our blood, with murder, execution, drowning, beheading, burning, robbing, chasing away, and all kinds of torture, finally also by Mainz and Heinz murderers, they have well plagued us (as such great papal saints should pursue God). For this (praise God!) not we, but they, the chaste, tender saints, shall and must give account on that day. For them, on the other hand, a fire has been prepared, which will not be extinguished in the same way as their fire must be extinguished in the end. We have (praise God!) the advantage; except that I ask that the murderers Pabst, Mainz, Heinz, together with their sheds, do not believe this. For why would they think that there is a God before whom they must fear and tremble here, and howl and burn forever there? Let them go and drive, they are on the right track. Not that I mock them here; God protect me for that, but the Holy Spirit would do it through my pen, as Solomon says, Proverbs 3:34: "He will mock the mockers and give grace to the wretched. Otherwise I should not do it, and have never done it, no matter what has been done with words. For I know that they write letters

90 Erl. (2.) 26, 95-S8. Cap. 16. measures of the Catholics. W. XVII, 124-127. 91

and Sieget for it have Drecket, Drecketal, bulls and books full, which forbid it highly and seriously.

3 Let us speak of the matter for the sake of others who desire to know our mind and opinion. For the story itself is in the day and obvious, and perhaps others will describe it well. The question will certainly arise: whether we had the right and justification to elect another bishop against the free choice of the chapter (as it is called), and thus to deprive them of their free choice and to lift them out of the guarantee? And: whether the members and estates of the chapter, without violation of their oath and duty done to the chapter in the case of the deceased bishop (as they say), may owe and swear to another? Finally, whether it is right to accept ordination or consecration from such damned heretics?

4 I will leave the jurists of spiritual law their disputation, as I know nothing about it, nor do I desire to know; I will speak about it as a theologian or (if they want it that way) as a heretic and apostate pope. I will speak of it as a theologian, or (if they want it that way) as a heretic and apostate pope. To the first question is briefly and easily answered by the first three commandments, "Thou shalt have no other gods." "Thou shalt not take the name of thy God in vain." "Thou shalt keep holy the feast day." Which our Lord Christ interprets in other words, Matth. 7, 15: "Beware of false prophets, who come to you in sheep's clothing, but inwardly they are ravening wolves" 2c. For here is spoken not of sins forbidden in the other tablet of Moses, but of the false god, of false worship, of false usage of the divine name, of false sanctification of his word: And here are not dark words, nor words in need of interpretation, but plain and bright, God Himself speaks a judgment freely, that no other God is to be had, no other God is to be called, no other God is to be heard; that He alone will be (as He is); that He alone will have His name (as He should have it); that He alone will preach and be heard (as is also right and desirable for us poor people). This is what Christ our Lord means, to beware of false prophets, that is, those who preach a false god, a false custom, a false religion, a false religion, and a false religion.

God's name, preach false worship and word. In addition, he praises it so highly, and is so dreadful where we honor, praise and listen to other gods, that he will not let it be forgotten or smelled until the third and fourth generation.

If this is true, as we (if we are to be Christians) cannot doubt; the pope and the devil may doubt that they are to be unhindered by me: then with such a thunderclap of divine judgment not only the bishop and chapter of Naumburg, but also the pope, the cardinal, and all that is in their regiment, are not only appalled, but completely condemned to hell eternally, with all who obey them. And we, 1) who are in the lower estate, likewise forbidden by the same eternal hellish fire, not to hear them, nor to suffer them, but to shun and flee, as our LORD saith, "Beware," and God by Moses, "Thou shalt have no other God." Wherever God commands that a prophet, preacher, bishop, or anyone who leads the word and spiritual government should not teach (if he wants to honor and teach other gods), he is certainly put out of business and deprived of his bishopric, not by the pope or emperor, nor even by angels, but by the high, eternal, divine Majesty Himself, since He judges and thunders thus: "Thou shalt not have other gods, nor take my name in vain.

6 Thus also, where God commands that Christians shall not hear such false prophets, preachers, bishops, then bishop and bishopric are divorced, the bishop is deposed, the bishopric is torn from him, and not only permitted (that would be a bad thing), but forced by God's command to separate from him, and to consider him not a bishop, but a wolf, even a devil. All this is not my word or opinion (I must be called a heretic), but God's own word and serious commandment, confirmed with wrath and anger, since he says: "You shall have no other gods", and Matth. 7,15: "You shall not hear the wolves, but beware of them."

7. if a bishop of Naumburg wants to

1. "us" inserted by Walch.

92 Erl. (2.) 28,88-100. sec. 2. Election of the Bishop of Naumburg. No. 1257. W. XVII, 127-129. 93

who shall not have a people nor a church there (because he is a wolf, and the church is obliged to flee from him before God), he may well write himself a bishop on paper, but that he be eternally condemned before God and the church. Again, those who want to be the church of such a bishop and hear him, may do so (without my hindrance), but so far that they know they are celebrating a Christian church, just like the Jews and Turks, damned to the hellish fire together with their bishop. For there is the sentence: "You shall have no other gods", or: "I will be a zealous God" 2c. He who does not fear this God, let him do as he pleases, but how long he will do it must be found out before he means it.

(8) For this purpose, more sayings of the Scriptures could be used, but it would be fair enough to know one saying of the high God's majesty, in which he reveals his will, what he would have commanded and forbidden. But so that the papists do not think that we boast with one or two sayings to smear the people's mouths, we want to introduce some more, which they should resist just as little as the previous ones. Thus saith the Lord, John 10:27, 5: "My sheep hear my voice; but they will not follow a stranger, but flee from him, because they know not the voice of strangers." Item v. 14., "I know mine own, and am known unto mine own." They flee (saith he) from strangers, and know not the voice of strangers; which is so much spoken in German: The sheep or churches should flee and avoid the strangers; do also de facto right, because the Lord himself calls them in the same place the strangers, thieves and murderers, who come no other way than to steal, strangle and kill; but the sheep have not obeyed them. If they now flee, avoid, and do not listen, they certainly have the power and right to depose their wolf-bishop, precisely because they have the power and right not to be obedient to him, rather (as said above) forced by God's commandment to resist him, to be silent rather than obedient. But where obedience is gone, the bishop is nothing, because without obedience there can be no people, no church, no assembly.

(9) So he also said to his bishops or priests through Hosea Cap. 4, 6. he said to his bishops or priests: Tu repulisti scientiam, repellam et ego te, ne sacerdos' meus sis: If you do not want to preach about me and reject my word, then I will not be your God, and you shall not be my priest or bishop. That is, piece by piece: whoever wants to be bishop of other gods, he shall not have the right God as his God either. Whoever does not want to preach the right God, may preach the devil, that is, be the devil's bishop. That means, in my opinion, that the bishop and the diocese are violently separated, that the bishop is deposed and forbidden to obey him, because he rejects and persecutes the Word of God (to which he alone is called). And who can blame the pious dear God that he rejects such false bishops or preachers in his church, and forbids to hear them? does the devil through Pabst, Mainz, Heinz and their like, and disposes of, rejects, chases away (yes, strangles, drowns, henchmen, murders, murder-burns 2c.) all those who do not want to preach or teach his hellish stinking hole of filth and lies, and the right God should let the devil trumpet on his mouth, so that he would have to suffer in his church, and not be horrified by what the devil orders or throws in? then he would be a poor God.

10 But what may it be of many words? Look at all the prophets, how they terrify, forbid, refuse to listen to false prophets, and also pull the people away from the ordinary priests, regardless of the fact that they were God's priests; but because they taught falsely, not to listen at all, nor were priests. For one must (say the apostles) obey God more than men. And not only did they themselves fall away from the priests, but taught against them; drew the people from them, and made a church obedient to God; suffered also what they should suffer; inquired nothing of the ordinance of the priesthood and bishopric, or papacy, established at Jerusalem by the law of Moses, and confirmed by David, Solomon, and all the kings and prophets so many years before; yea, they had no need to inquire of it, because there was strife about this principal thing, whether to deny the word of God, or to hear it, that is, to hear another.

94 Erl. (S.) 2", 100-103. Cap. 16: Measures taken by the Catholics. W. XVII, 129-132. 95

God or not. There, it is the first commandment that one should and must obey God alone. If Caiphas, Annas, Pilate, Herod, Emperor, Pope and the whole world do not want it, there is nothing to be done; let them go, you flee, and obey God; he is judge here by his word, deposes the mighty from the throne, scatters the hopeful, as the Mother of God, Mary, sings in her holy Magnificat. Whoever does not want to hear God is already 1) gone, cast out of His kingdom; condemned is he who follows Him and does not want to flee or leave Him.

(11) And what does the infernal Father himself do in his infernal church? Doesn't he expel all bishops, abbots, priests, and whatsoever has a little office in his church, where he finds them heretics or apostate teachers of his God Mausim? He praises and blesses them with indulgences and graces, so that they turn away from such heretics and leave him; he also gives them the right to persecute him, burn him and curse him to the abyss of hell, as he is condemned by the church. 2) The bishops of the Holy Trinity, who have been condemned by the church, have been condemned by the church. As he did to the holy and right bishop of Prague, John Hus, and many of ours. He does even more than that, intervenes in the secular and domestic government (which, however, belongs neither to bishops nor to churches), deposes emperors, kings, princes; separates husband and wife, tears up marriage, insists on obedience, duty and oath, although no heresy is found there, but only disobedience, against his devil-may-care evil valley and malicious bulls: that is how pure and firm he wants his church to be. For even if God and His apostles and prophets, even the true church, reject, depose and flee the heretics or false bishops and churches, they do not interfere with the worldly and domestic government; let kings remain kings, marriage marriage, estates estates, body, life, goods and honor 2c., as we have done until now (praise God!), however much we have separated and fled from the pope, however much we have torn the people away from the pope, by God's word, which he does not want to hear nor suffer.

1. In the original: "beautiful".
2. Erlanger: -ihnen; also the Wittenbergers and the Jenaers.

(12) This (I say) is what the pope does in his church, deposes bishops and chapters, which he considers heretical, and wants to have done very well with it. And the true, right, eternal God should suffer in his church those who knowingly and publicly blaspheme his divine majesty and name, deceive his people, destroy his kingdom, put the devil in his place and worship him, not only suffer such things (as he often does), but let them be right and good, accept and reward them, not do anything against them forever, nor cast out the devil at last, or sweep his church and remove right bishops and teachers? Then he would truly have to cancel the first three commandments in particular beforehand, and to express and completely deny his right deity. Yes, wait until he does that. He has not spared the angels nor the first world, says St. Peter 2 Ep. 1:4, 5. He has not spared his city Jerusalem and its natural branches and members from the blossom of Abraham forever, and should he spare the devil and his members forever 3) and reward them?

(13) Although the chapter of Naumburg, even during the life of Bishop Philip of Bavaria and Count Palatine 2c., had been admonished, or rather had been submissively eager against their wolfish regiment, that they wanted to grant the teaching of God's word, because they themselves, as they were obliged to do, did not want to do it, nor did they want to order it. But how they opposed it, multiplied, persecuted, and (to tell the truth) exerted all kinds of willfulness, they well know where they would have a conscience; until those of Naumburg and Zeitz, along with other cities of the chapter, are forced to call upon their hereditary protector and sovereign, and thus through his help and protection receive the holy gospel against the will of the chapter. However, the papist chapter and their blasphemous, idolatrous followers Curtisans and some great high and wide hats' anger is not only unhindered, but longer and longer embittered and enraged (of which I have no right to know, because I am not a prophet Elisaeus 4)).

3. "schönen" in the original edition and the Wittenberg; Jenaer: schonen.
4. Elisha knew what the king of Syria was counseling in his chamber against God's people. 2 Kings 6:12.

96 Erl. cs.) Section 2: Election of the Bishop of Naumburg. No. 1257**, W. XVII, 132-134. 97**

For all my life I have never been in their secret council, without knowing approximately what they think and counsel; it would have happened at Naumburg in the chapter that the seed of the woman and the seed of the serpent would have secretly agreed, without God the Father Almighty's knowledge and will, and I would therefore have to be deceived. Otherwise, I am in good hope that they will not, and that the seed of the woman and the seed of the serpent will remain at odds and at enmity for eternity, and that one will understand the other's secret plans and thoughts, with the advantage that the seed of the woman will retain the power beforehand, so that its secret counsel and thoughts will not be known to the serpent and her seed before it has been arranged and carried out, and they will have lost.

(14) Again, the serpent, with his seed and his scales, could no longer hide or adorn his high and wise thoughts until they began to work. Then it will come to pass, as the Psalter says, that they shall not bring it to the half Ps. 55:24. For I still remember a word that a Curtisan spoke, 1) namely: Oh, what do you say! the pope is mightier in his smallest finger than all the princes of the whole German land. I almost believe that the Naumburg chapter and others have relied on such power, and still do. But this is how the high people should speak when they are at the end and have to fall, according to the song of the Mother of God Luc. 1, 52.: "He pushes the mighty ones from the chair." For whoever is hopeful, be he emperor, king, prince, lord, nobleman, citizen, peasant, his thing will certainly have its end. For God cannot and will not suffer arrogance, says Sanctus Petrus: Deus superbis resistit [1 Petr. 5, 5.), has also power and authority enough to overthrow them, as he has done so many great kingdoms. But those who do not listen may learn, as they have all learned.

(15) For the Roman Empire must fall when it was at its highest and most hopeful, and they certainly thought it should fall.

1. Cardinal Cajetan at Augsburg. See St. Louis edition, vol. XXII, 862. Tischreden, cap. 27, § 31.

Imperium sine fine dedi; which, according to the holy scriptures (Dan. 7, 7. 23.), has been the iron and most powerful empire above all others, the like of which the world has not had. And it is true that Romans have been men, while other warriors have been bad warriors, and the Turks have been real women, regardless of their great court. The Romans did not fight so with advantage and treachery or intrigue, but rather gave the enemy their noses and foreheads freshly and cheerfully, and went up and dared, as befits such a people of iron (so called by God), even when they were lost or despondent. This was not heard by the Turks, the Greeks or Hannibal, nor by any warriors; yet they fell.

16 For this reason, our bishops and canons would do well to moderate their insistence. For God still lives, who has broken the iron Romans. Of course, He will also be able to break a fleshly, even a paper pope, bishop and canon, if it is not done otherwise; especially in the council of the Irim, as Daniel calls them Cap. 4, 10., that is, in the council of the angels who rule the world and guard the church. For the Turk shall no longer do it, because he has become so proud of the wretched Christians; the Irim shall give him what he deserves; not to write of this now.

17 Thus, as a special, superfluous admonition to the chapter of Naumburg, since they had chosen a new bishop to preserve their free election and to strengthen it more than before, the sovereign and patron of faithful and Christian opinion indicated that the chosen person, as related to and sworn to the papists and enemies, was not to be suffered nor tolerated. Therefore, they, the Chapter, graciously request that they choose another Christian man who is not related to the pope nor bound by him, or who has at least escaped from his duty by the word of God (which also redeems from hell and death, let alone from false idolatrous oaths). Which they despised, and stood on their committed choice, and undertook to maintain the same in defiance and against the sovereign and patron, and thus obdurate, both the church at Naumburg along with

98 Erl. (2.) 26, 105-107. cap. 16. measures of the catholics. W. XVII, 134-137. 99

the estates and the sovereigns and patrons, not to hear nor to look at, but to put the wolf, that is, the pope, Mainz, and their companions, by elected bishop, who is sworn to the pope and bound to Mainz, into the sheepfold of Christ at Naumburg, and to help defend therein, to strangle the souls, to drive out God's word, and to cause the sovereign, especially at this evil time, one displeasure after another in the bishopric. Which he then, as a patron of the bishopric and chapter, should protect everything and handle it; that is, he should help persecute the gospel, worship the devil, let the pope, Mainz and Curtisans under his protection mow, assassinate and do everything they wanted, both against the church at Naumburg and patrons of the bishopric, who have both accepted the gospel, publicly confessed before God and the world against the pope and his followers.

18 Yes, indeed, one would have to let a papist chapter and public enemy of the convent and its patron, that is, the church and the gospel, be good and help defend it. This means, after all, a gross, great, impudent unchastity, that I should deny and persecute the gospel for the sake of the devil's children and evil people, which I would have accepted and confessed for the sake of God and for the salvation of my soul; so that such a game would be played with me under the little hat, that if I had publicly confessed the gospel with words, it would come out afterwards how I had secretly and in deed denied it and had agreed to help persecute it. Such a game they have now played with us for longer than twenty years; but God has been at home with us, that they must have missed.

I had to laugh at the great art, when I was told how, after the chapter of Naumburg had almost treacherously nominated a new bishop, they announced it to the sovereign, but did not yet name the person, and nevertheless asked for protection and protection of their choice and bishop. For since they knew that they had mentioned such a person, who was not to be suffered by the monastery or the church, and also by the patron and sovereign, yes, they had also mentioned the very person who was contrary to their wishes.

and should not suffer: why do they ask for protection? Namely, because they are not serious, but have mocked the church and the sovereigns with it, when they knew that the pope (as said above) is mightier in his smallest finger than all German princes: he will protect them; without that they want to present the larva pro forma and in the old way, as if they asked for protection, which they do not respect much before the small finger of the pope.

20 But if they were serious about asking for protection, why do they assassinate? Why do they not choose one who would suffer and not be repugnant to the patron and the church at Naumburg, who would be capable of protection, as they are so faithfully admonished? Or do they think that their secret papal cleverness is so deep and high that no one can fathom or understand it? No, there is one up in heaven, yes, even here in our hearts, who makes fools of the wise and seizes the prudent in their prudence, as the Scripture says, since these same hearts not only know the devil's mind and thoughts, but also judge and condemn him, as Christ says: "The prince of this world is condemned.

From this, I think, it should be clear enough that the first question is justified, namely, whether it is right that the church at Naumburg has deprived the chapter of its free election and has chosen another bishop. For after the same church had long ago turned from the bishop's and chapter's obedience, and accepted the gospel against the bishop's and chapter's commandment, prohibition and tyranny, that is, had worked itself out of the wolves' and the devil's obedience, by God's grace and by the congregation's patron and sovereign, on the same day, both bishop and chapter have renounced their wolfish regiment (which they were and still are obliged to do in case of loss of eternal bliss), have renounced them, fled from them and avoided them, as true pious Christians should do, according to the teaching of Christ Matth. 7:15: "Beware of false prophets"; and John 10:5: "My sheep hear not the voice of strangers, but flee from them.

22. About that, since after admonition of the

100 Erl. (2.) 28, 107-109. sec. 2. election of the bishop of Naumburg. No. 1257, W. XVII, 137-139. 101.

When the chapter requested the sovereigns to elect another Christian bishop (for no one had the will to prevent or deprive them of their free choice at that time, but it was necessary to find another suitable person for the episcopal office), and they stubbornly refused, no one but they themselves deprived them of their choice, and they may not complain about it to anyone but themselves. And where they complain that they have abjured someone other than themselves, they lie about it as unbelievers or disbelieving Christians. 1) "Beware of false prophets, and flee," that is, whoever wants to be and remain a false prophet, not to hear nor to desist, shall not be heard at the loss of salvation, but shall be abandoned, shunned and condemned, not to mention despised or deposed. So it is with them, as with all false teachers, according to the first Psalm, v. 4. 5.: "As the wind weaveth the chaff, so the wicked abide not in judgment, nor sinners in the congregation of the righteous."

23. And if the Church of Naumburg had not yet done so, they still owe it today, and would still have to do so, although the Chapter had elected ten and ten bishops who could not or would not be Christian bishops; and the Church of Naumburg would thus have to say: Dear lords of the chapter, choose as you will, and choose again, choose a thousand times, so we will not turn to your choice nor bishop anywhere; he shall not be our bishop, neither can nor will we see or hear him, nor will we consider yourselves a chapter until you become a Christian chapter and give us a Christian bishop; For we cannot complain with your wolfish rule, nor for your sake abandon the accepted gospel, deny God, blaspheme His Son, and so for the sake of foreign sin go to the devil with you. Even if an angel came from heaven and told us this, even if there were ten heavenly angels sitting on each chapter head, they would still be anathema.

1. The opinion is: God's judgment, which no one can pass.

and will not and cannot do it, because to do against God and His revealed word and His known truth does not belong to any creature of God, except the damned devil, together with his angels and members.

24. And whether they of the Chapter or of their part want to pretend that they are not wolves, but ordinary spiritual prelates of the Church, of ancient origin, teach or do nothing wolfish in their regiment 2c., although it is now obvious that they themselves know otherwise, and speak against their conscience in this: but I will now spare to answer this, until I see what they say to it; so shall (whether God wills) their high art rub against the old cauldron, and saw the right Ram 2). I think that there should be enough and more than enough, now longer than twenty years convinced and referred, that these cannot be Christians (silent Christian bishops), who forbid the Christian faith, condemn and persecute, murder, burn, teach us to build on our own work, and so far do not mend and do not yet atone. Those who knowingly and wantonly forbid both forms of the sacrament. Those who defend the high abomination of the Mass. Those who forbid marriage and food 2c.

25 When did the chapter of Naumburg ever improve and atone more in these and other matters, and not rather unrepentantly, stubbornly, knowingly, against the Holy Spirit? They also persecuted and plagued the church at Naumburg in many ways, and would have preferred to do much worse, if they had been able to do so before the protection of the sovereign; and now, as a sign and to strengthen their wolf, they have chosen a bishop, who is to confirm and handle their wolfery against the church.

26 And that I also say something for my person: It surprised me very much, since I was in Naumburg, from the man, He Julius Pflug, who has reason, art and many more gifts of God enough, probably to the papacy.

2. See the word "Ram" (soot) in the St. Louis edition, vol. XX, 2399. To the passages given there, add: St. Louis Edition, Vol. Ill, 1018, § 24.

102 Erl. (S.) SS, 1VS-11S. Cap. 16. measures of the Catholics. W. XVII, 139-142. 103

himself capable of writing such a clumsy letter 1) to the people of Naumburg and the monastery, in which he admits great grudges, that he has accepted the election, even though it is difficult, and wants to show all grace; that he, however, in order to draw the people to himself, would have let them know that he wanted them to remain with the Gospel, Sacrament, faith, and what they had taught and ordered Christianly until now, and even if he did not dare to protect it against the pope, he would still leave it unchallenged and unhindered for his person. He would not have touched this with a single letter, since he knew well that the highest and most important thing in this matter was for the foundation or the church, but that grace and rule would find themselves; especially because he knows that he is not only suspicious, but also obviously recognized as being the pope's part, holding and defending the same, which is not to be suffered by the foundation and the sovereigns, and yet it would be a futile undertaking in the end to become bishop with such an impenitent opinion.

Because both the chapter and He Julius approached things so clumsily and inconsistently in all ways, they may blame themselves where it wins the cancerous course; without confessing against themselves and condemning themselves with the deed, what they seek in the diocese; without doubt not what serves the salvation of souls, but their benefit, honor and splendor, with the ruin of souls, which Christ purchased with his precious blood.

(28) Perhaps they will also show off before the simple-minded rabble and the otherwise unintelligent, as they are not yet recognized by the church as wolves and false teachers, but are taken for true Christians. Yes, indeed, this is wise and well said! If the sheep were not to flee from the wolves until the wolves, by their Christian concilium and public judgment, called the sheep to flee, the sheepfold would soon be empty, and the shepherd would not find milk, cheese, butter, wool, meat, or a claw in one day. What then did Christ our Lord do, when he called us and commanded us to go before the wolves?

1. No. 1254, 6.

How can we guard ourselves without waiting for the wolves to come to the rescue? Not only the whole flock of sheep, but also every sheep for itself alone, has the right and power to flee from the wolves wherever it can, as it does, John 10:5: "My sheep flee from strangers.

29 How, then, have they no lawyers on their side, or have they all become mad and foolish? For our part, lawyers and all reason say that no one should be his own judge; as our book, the holy Scriptures, says much more. Now it is evident that we have become part against the papacy, and they in turn have become part against us. Who now will or shall be judge here? No one is above the pope and the papacy without God alone, as he himself recognizes (quite unwillingly). Now, if God is judge here through his holy word, which they themselves must confess: why do they still want to be judge, if they are part, and confess that God's word condemns them and is against them? Or do they think we should be afraid of those who feel themselves overcome and condemned by God's word? We might laugh at such fools, or pray for such erring people; we cannot fear such devilish larvae, be it life, property or honor.

30 Yes, yes, they are in the guarantee and limitation, that is, possessorium, praescriptio. Now all rights say that one should not lift anyone out of the guarantee 2c. Here it is getting too high and too sharp for me. Where can I get a good lawyer and procurator? Respondetur tamen simpliciter: God is God, who confesses to no creature neither guarantee nor limitation against himself or his word, for he is eternal. But eternity transcends all guarantee and limitation. Otherwise the serpent would have won against God, because from the beginning of the world he strengthened his seed against the seed of the woman, and always bit her heels until now, and until the end of the world.

If it were a matter of the cow, who should take it by the tail, that is, if it concerned temporal and worldly goods, there is a valid guarantee and what is similar; but in spiritual, eternal things, where we are now talking about, possessorium, praescriptio, jus, justitia, sanctitas, religio, even all the angels from heaven are nothing.

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but only God all and everything, all hours, all times, in all places, in all persons. For he will and must be uncaptured, unpunished and unrepentant, or he will overpunish and overpay everything in hell, as he will do without it on the last day. Therefore, in this case, keep quiet and do not let your possession, jus acquisitum, or whatever you want to call it, be heard. God and this spiritual matter do not give a damn, so you may be guided by it, but nothing else will come of it. He has the power to cast out the devil every hour, you should not deny him that; to change the nature of the world as well, he will not ask you for advice. Who will tell him the goal, time, law, place and people, if he has to create, make and give all this?

That is enough for the first part. For he that hath not ears cannot hear, and he that is blind cannot see. He who has ears has heard enough. It is decided by God's judgment that a wolf shall not be a bishop in his Christian church. Even if emperors, kings, popes, and all devils would command or have it otherwise, they cannot prevent Christ's sheep from hearing their shepherd's voice, nor can they command them to obey the voice of wolves; and where they do so, they should and must be wolves and flee in their commandment, just as the wolves themselves. For this is the way God wants it, against whom all emperors, even all devils, are nothing, as Isaiah says Cap. 40, 17.

33 We must also answer the other question: whether the church or the foundation of Naumburg is perjurious to reproach them for having chosen another bishop, against the choice of the chapter? And this is, of course, the right knot and main piece in this matter. For we well know, and that part also cannot deny, that they are not to fight for a right Christian bishop, who supplies the church with God's word and sacraments, but where they would have the oath and obedience, then the things would be all bad (God give, it would remain church and God, where they would remain, there they would ask nothing), they wanted to act well with Naumburg then and handle it to their liking. Of course, he must not have a snout that can smell such roast.

(34) But our unintelligent, unlearned, silly, sheepish answer (for we are truly bad silly sheep against such cunning and unfathomable wolfish cleverness) is that it is written, "Beware of prophets in sheep's clothing," Matth. 7:15. "And flee from the voice of the stranger" (doctrine), Joh. 10,5. We, as the poor foolish sheep, let this be judged for this time, as they neither know nor understand better, until they tell us better, that we neither know nor hope for eternity.

35 If then this judgment of God stands firm, as we foolish sheep believe, that we should not hear the wolves, but flee: then nature teaches us that we should neither swear nor owe to a wolf. For I cannot owe nor swear to him whom my God has given me to flee as his enemy; and if I had owed and sworn to a wolf who had presented himself to me under the sheep's skin as a true shepherd, and afterwards, when the sheep's shepherd was gone, I would have known the wolf, I would have had to run and cry, O thou foul, ravening wolf! My oath and my oath I have not done unto thee, but unto my right shepherd; that the devil should lead thee, how hast thou deceived me poor sheep, and thought to devour me!

If they do not understand this, then I will make it clearer when they return. For it is so very true that I think they themselves should not be able to object to it. For it is not the question or dispute at this time whether one should keep oath, oath or duty? We are not all here (praise God!) such coarse donkeys, geese or ducks, who do not know, or first have to learn from the papists, that one must and should keep oath and duty. We have taught and written it better from God's word than they can teach us from their fool's land and valley of filth; but this is the question: whether it is the person to whom one should oath, swear, owe? or, where the oath and oath are made (deceived, deceived way): whether one is obliged to keep it or not? Here they should open their mouths and shout against us; we would like to hear what their shouting is capable of. But there they are

106 Erl. (L.) SS, 111-116. cap. 16. measures of the Catholics. (W) XVII, 144-147. 107

dumb; meanwhile spitting and shouting in other people's ears, and are wonderfully clever: oath, oath, oath! perjury, perjury, perjury!

But be bold, stand up and prove it. If you do not prove it, your shouting shows the donkey, yes, the Pabst donkey, who can do nothing but sing his Ika, Ika, which we are now well accustomed to (praise God!) and despise, as we know well how a donkey sings, and can never learn to sing otherwise, nor do we want to. If they now seize their mouths and spout: Oath, oath, oath shall be kept, then we must again seize our mouths and shout: Bishop, bishop, let them give us a bishop. Where there is no bishop, there is no oath. Where there is no oath, or a void oath, there can be no perjury, as even a child can well understand; for relativa se mutuo ponunt et tollunt. If an oath is to be taken, two persons must be present: one who takes the oath; the other who receives the oath. If one of the two persons is missing, the oath is nothing; if the person who takes the oath is not present, the oath is in the wind, and sworn to no one; if the person who is to swear is not present, the other person sits there like a cipher, and may let a fly fly into his mouth, because there is no one to take the oath.

(38) I must speak so rudely and childishly, not as if I thought that the papists do not understand or know, but that I thereby show how the dear nobles (for they understand it very well) maliciously and wilfully do not want to understand it, and think that such their false cries and futile rebukes should have a reputation with the simple-minded people (as it is pleasant with our enemies), which they have long since despaired of with themselves. But they think: Help what can help, that Christ is not Lord over us; Nolumus hunc regnare super nos Luc. 19,14.. Therefore, as they stop their ears and will not hear our report, so let us stop our ears again, and not hear their cries, their barking, their barking, their complaining and their blaspheming, until he who is in charge of the matter sees it; for we know that it is not ours. So I have done now many years ago, given my report, and

Meanwhile, Doctor Sau, Witzel, Tölpel, Schmid, Rotzlöffel, Tellerlecker, Brunzscherben, Heinz, Mainz, and whoever else they are, let them bark, lash out, curse, and rage, on which I give nothing, and let the one do it who has done it up to now so that they have become nonsensical, mad, and foolish, but in the end they must cower behind their ears, if they could kill us all at once; For the day is near, which we hope for and which they must fear, however stubbornly they despise it. Such is our defiance against their defiance; let it be fresh and cheerful whoever wins in that day. We will be their judges on that day, unless there is no God in heaven and earth, as the Pope and his followers think.

(39) And why does the infernal Father, and all of them, so that they do not allow an oath (especially that which is against them) that is against God or law, or forced? as it is said: Forced oaths are the fault of God Himself. And their books, both of theologians and jurists, are full of such sayings: In malis promissis non expedit servare fidem; item: In malis promissis rescinde fidem, and the like much. Introduce then the sayings of the Fathers, Augustine Isidori and the like. Why do they herewith tear apart the forbidden, or erroneous, misunderstood oaths? Why do they desolate such oaths, forbidding that they should not be kept, but the sooner the better, and do straight against them? Or shall we Christians alone be the ones who must keep forbidden or erroneous oaths, made against God and right, after we learn that we have sworn to the wrong and against God? If I had sworn to the devil in God's name and likeness, and then found out that the devil had been, should I be obliged to keep it, or should I be called perjurious if I did not keep it? No, indeed, I did as a pious Christian who would swear such an oath and say, "Fie on you, devil, I have sworn not to you but to my dear God, you have deceived me under his name.

40 Oh, who could tell all the examples, even in bodily things, that happen daily in the world, being deceived by false letters, word, oaths, covenant, duty 2c.? How many are in marital engagements alone?

108 Erl. (2.) 2", 116-ns. Section 2: Election of the Bishop of Naumburg. No. 1257, W. XVII, 147-iso. 109

Cases where you have to tear false oath, grind treasure and ruin everything? I must tell a ridiculous example, because we want to be so rough: It happened at Erfurt, when I was a young Baccalarius, a Count of Hennenberg came there, who held himself magnificently, so that the university also elected him a Rector 1) (as has always been the way to honor the lords), had himself held Rector, and did what a Rector should do; Not long after, it was rumored that he was not a count of Hennenberg, but a silk embroiderer; then he soon disappeared, because the news came that he was not a count, but a silk embroiderer. Now at that time in Erfurt there were theologians and lawyers, as Doctor Henning Gödde, and the most excellent people, who were famous in German lands, who all considered the Seidensticker to be a Count of Hennenberg and their Rector. Now I will let all jurists, indeed all the world, judge whether the university, especially we young students (who are nevertheless one corpus with the university), who have sworn to him as a rector, have been guilty of holding him 2) for a rector, and with our oath to run after him wherever he runs, into the whorehouse or boys' house, where he has certainly run, too; or whether we had to swear an oath to the Count of Hennenberg, because they themselves did not want to know about such a Count of Hennenberg? To whom then have we sworn? That is easy to judge, we have sworn to the right Rector that he is here now or will come later. If he is not there now, or if a false one is there, the oath is not binding until the right rector comes, and no one is perjured until he is overcome that he has not kept the oath to the right rector.41 It is the same with those at Naumburg now. They owe it to their bishop to take the oath, and also to keep it; if not, then they are to be fairly scolded for perjury. But where the bishop is not the right bishop, the oath does not stick, but waits and waits until the right bishop comes. This is what those at Naumburg did, and their oath,

1. This alleged Count Georg von Henneberg was elected Rector on May 2, 1508. Cf. Weißenborn, Acten der Erfurter Unjv., vol. 2 (Halle 1881), p. XVI, no. 230 (Erlanger Ausgabe W).
2. Erlanger: them.

They must have done what they did to the wrong chapter or the wrong bishop. But now that they have become aware that there is no true chapter or bishop, they cannot swear or keep the oath to the false chapter or bishop, but must wait for a true bishop and do so in his own time. These are clear, plain words, if you want to hear them.

Therefore, in this case, no change in the oath or obedience occurred in the Naumburg chapter; they are just the same sworn people as before, and the oath and obedience remain unbroken. That the person of the bishop has changed, however, is not the fault of the monastery, but of the chapter and its elected bishop, who have disowned themselves and have made themselves forfeited and unworthy of the bishopric, as they do not want to suffer God's word in his church; this completely and entirely does not burden the monastery anywhere.

43. It might not be necessary to use such sharp and high art (that I also make myself a little hopeful, and boast among the scholars) against the holy papal church, and to prove that those of Naumburg are not to be scolded for perjury this time, because they have long before broken such an oath, of the day and the hour when they accepted the gospel, and thus worked themselves out of obedience and oath (taken to the bishop or chapter); that of course in this they need nothing of my excuse or counsel. Why were they not accused of perjury at that time? Because after they accepted the gospel, even against the will and prohibition of the pope himself (the bishop and chapter will remain silent), and also remained with it for so many years, it is clear enough that they not only fell into the bishop's and chapter's ban and disfavor, but also into the ban, curse and disfavor of the most holy God and Father at Rome; not only perjured, apostate heretics, and what more beautiful names they give us, but also have become faithless and blasphemers with us, where it is otherwise true that the infernal Father at Rome is a God or head of the Church; as they teach us, but we do not yet (praise God!) believe. If we are now faithless, perjured, heretics against the God of Rome, then we have

110 Erl. (2.) 26, IIS-121. Cap. 16. measures of the Catholics. W. XVII, I5V-I52. 111

Nothing about it, whether we are reproached perjured against his angels, that is, his bishops and curtisans; for we consider such God and his angels (as the right highest God also considers them) to be devils and devil's servants.

(44) And yet in this they do nothing against spiritual law, but according to the law of the pope, in which the infernal Father himself teaches (although it is not his but natural law) that one should not keep the oath made against God and law, but should break it. In malis promissis rescinde fidem; as told above.

45 Oh, what need is there of many words? Surely even an unreasonable animal knows, sees, and feels that the pope and his servants are neither bishops nor church governors; they themselves know and feel this better than one can write or speak it; nor are they so obdurate, and want to force their own conscience first, then ours, to act against the recognized truth, which they know well with us, how it is futile, and also highly damning. They know well (I say) with us that one cannot learn from any book what church or bishop is, without from the holy scripture. The Pabst's Drecket, the Turk's Alkoran, the Jews' Talmud will not teach us, nor can they; the Holy Scripture is the book, given by God to the Holy Spirit of His Church, in which she must learn what she (the Church) is, what she should do, what she should suffer, where she should stay. Where the book ends, the church ends, for he says. His church will not listen to the voice of strangers John 10:5; this has been said enough, and firmly enough decided and sealed against all the gates of hell Matthew 16:18.

Now the same book is available (Praise God!) in Latin, Greek, Hebrew, and now also in German, in which one can read and understand what church and what bishop means and should be, regardless of the Pabst's filth and filth valley, namely: that a bishop should be holy, preach, baptize, bind and loose sin, comfort and help souls to eternal life, as St. Paul writes to Timothy and Titus. Paul writes to Timothy and Titum [1 Tim. 3, 2., 2 Tim. 4, 2. Tit. 1, 7. 9.). Now let all the papists unite and show us a single bishop, .

If they read, study, and keep the same, preach, baptize, and take care of the church, that is, of the poor souls, we will gladly let them call us heretics, perjurers, and blasphemers. Do they think, then, the highly intelligent, that we are such lumps, sticks and stones, who do not understand anything of their high wisdom? Since they do not respect the book, nor do they keep it, but condemn us, I would like to know why they want to consider themselves bishops and church, or why they demand from us the oath, duty, obedience, done to a bishop, if they want to be neither bishop nor church, but want to remain both, bishops and church, even enemies and persecutors of God Himself, unrepentant and pharaonic.

However, we do not insist so hard that a bishop must perform such an episcopal office for his person; we will gladly take it upon ourselves, even before God, and at the last judgment help to bear and answer for it, so that they may follow St. Valerii's example. St. Valerius was a bishop of Hippon, and could preach badly because of the language, but publicly desired that someone be found to preach in his place; so they dragged out St. Augustine and forced him to be a preacher. Oh, how happy the bishop St. Valerius was to have such a preacher, who could defend himself against the heretics and improve the church with right doctrine. However, when St. Augustine found out that the bishops in Greece were arguing that a priest should preach in the place of a bishop (for at that time there were still thoughts that preaching was the highest office in the church), it grieved him; and he also wrote: if he had known, he would not have accepted such a preaching office during the life of his bishop. So now we do not desire anything more than that the bishops or chapters, if they cannot preach or provide pastoral care themselves, should appoint other capable persons to do so. Or, if they could not do so, they would suffer so much that the church, with their knowledge and will, would seek and accept capable persons, who would be protected by them and not persecuted. Dear, what should we concede further or

112 Erl. (2.) 26,121-IS3, para.2. election of the bishop of Naumburg. No. 1257, W. XVII, I5L-I55. 113

concede more? Is that not giving in enough?

48 Our opinion was not that we wanted to tear down the churches, but to set an example of how we could reform the churches and govern them in a Christian manner. It is desired (for this is how God Himself desires it) that the unchristian persons be changed, rather that the heart and outwardly evil nature of the persons be corrected, just as the gospel does not desire that husband and wife run away from each other, leave house and child and servants; Nor that kings, princes, lords, burghers, peasants, servants, maidens, should change their state or leave it, but rather that they should remain in it; but that they should believe differently and rightly, and abstain from false faith, error, idolatry, heresy 2c., and in the right faith, and in the truth, to use their state and profession, in which they are, or are found in it by the Gospel, in a Christian and blessed way, so that a bishop may exercise his episcopal office, the canons their canonical office, for which they are ordained and endowed.

For I can boast with truth that I have spoken more than once with the pious lord, Prince George of Anhalt, cathedral provost of Magdeburg, my gracious lord, and have also asked that his princely grace would advise and help the high bishops and monasteries, so that they would do something to prevent the monasteries from being torn apart for various reasons. For I would not like to see them torn apart, it would not be good for the German country, especially at this time, when avarice has made the world wild, mad and foolish.

50. What harm is it to our bishops, then, that they, following such an example, would become vain Valerii, and what they could not do, they would do through others, look around where they could get such Augustinians in their churches; and where they were not there, they would help that they were educated in schools and foundations; they would remain what they are, have what they have, refrain from persecuting, murdering and blaspheming, accept the recognized truth, and help that churches are well appointed. For if the chapter of Naumburg had done so (as they say), their choice would have remained without suspicion, and they would have been able to make this change.

have been spared. Our secular sovereigns must now be emergency bishops, and protect and help us pastors and preachers (since the pope and his mob do not do this, but against it), so that we can preach, serve churches and schools; as Isaiah says Cap. 49,23: Reges nutricii tui, "Kings shall feed thee, and queens shall nurse thee"; as they did in times past almost too abundantly, and, where the gospel has made them devout, still do.

And if such bishops and canons did not want to be married, they would like to remain so, but not lead whores; if they were married, they would like to save from their income for their wives and children, which they now disgracefully spend on whores and boys; they could also, with the approval of the chapter, without breaking off the convent, give something to their children. Well, a fool's council has been held up to now, and I am a fool. But because it is God's counsel, it is the counsel of a wise fool. But that the mendicant monasteries should go away is useful and necessary, for it is not only an unchristian nature, but also a shameful nourishment, 1) that they should have nothing of their own, and lie daily on the necks of the people, and weigh down the world. I would also like that the high, large monasteries, which, without the title of a bishop, are equal to a diocese, not all be torn apart, but made into schools, where it would be necessary. That would help the poor nobility a lot, and useful people would come out of it, since now vain bellies and bellies, like rats and mice in the barns, fatten themselves.

52 Thus my most gracious and gracious lord, Duke Johann Friederich, Elector, and Duke Ernst, brothers, as sovereigns and patrons of the Naumburg Abbey, have promised and pledged that they will let the Abbey remain uncorrupted, and keep a special body as it has been until now, and not take anything from it. For they have done so, and must do so, as patrons of the monastery, to maintain the churches of the monastery in the holy gospel and known truth, as true emergency bishops in such a case, when a chapter wants to go the wrong way.

1. Here is a pleonastic "is" in the original.

114 Erl. (2.) SS, 123-126. Cap. 16. measures of the Catholics. W. XVII, 155-157. 115

and princely graces, that it should become a truly Christian example to the other bishoprics, whether or not they subsequently want it, for their own and their subjects' salvation and good. For the time has come for Germany to atone. The rut is at the door, and there is still little repentance, and yet it is not possible that God should be with us if we do not mend our ways.

This is said of the other piece, for the sake of the oath. Third: whether it is also justifiable that the bishop of Naumburg has allowed such hostile heretics, and Apostatas of the papal church, to consecrate himself, or to lay hands on him? I, for my part, know nothing good to say of myself, much less to praise. I, like all men, was born in sins and death, under the devil; I am still alive, that I would like to have it better, but that I am no longer under the devil. If there is any good in me, it is not mine, but that of my dear Lord God and Savior Jesus Christ, whose gifts I should not deny, namely, that I understand the Holy Scriptures (though little) much better, and know better how to consecrate a Christian bishop, than the pope and all those who are hostile to the Holy Scriptures and God's Word, along with all his bishops, and do not know what they say or do, 1 Tim. 1,7, not even what they do or do not do. Although they (in my opinion) will not worry much about this, because their own rights teach them that the bishop who is consecrated by a Simoniaco or heretic is rightly consecrated; and even more, they consider it right what the most shameful pope, as Bonifacius the Eighth, Julius the Second, Clement the Seventh, even if the devil had done it in office. It depends on whether the church and the bishop are one, and the church wants to hear the bishop, and the bishop wants to teach the church. So it happened. The laying on of hands, which bless, confirm and testify to this; as a notary and witnesses testify to a secular matter, and as the priest, who blesses the bride and groom, confirms or testifies to their marriage, that they have taken each other beforehand, and publicly confesses it; whether the priest is an angel or a devil, because the office is done, the bride is blessed.

(54) As to all that the papists say what they will, our conscience is sure and free before God that we have done right and well. For at such consecration has been present and has laid hands on, not only I, but also these following bishops, or as they will be called, parish priests: Doctor Nicolaus Medler, parish priest and superintendent of Naumburg; Magister Georgius Spalatinus, parish priest and superintendent of Altenburg; Magister Wolfgängus Stein, parish priest and superintendent of Weißenfels; as was the custom of the old churches and the old canons teach that a bishop should be consecrated with the consent of the nearest city bishops, as was done here; also the church and the people, as well as the sovereigns and patrons themselves were personally present.

If the papists are not yet satisfied, we hereby give them this lection: If they will cleanse their popes, cardinals, bishops, abbots, canons and parish priests, from top to bottom, according to right free choice, from the simony, favor, practices, pact, covenant and other vile vices, which are desperately, predominantly and unbeseemably with them, against their own spiritual right, and pull such beam first out of their eyes, then we will gladly let our splinter be pulled out as well. If not, we will saw against it: You mosquito-pickers and camel-devourers, wipe yourselves first (you know where!) before you call us to wipe our noses! It is not good for a sow to teach a dove not to eat impure grains, if she herself eats nothing better than the gallows, which the farmers put behind the fence. The other you understand well! Where has free election been held in a hundred years, and even longer? Who has been a bishop who did not have to buy it from the pope? About that another time.

(56) So they do not have to complain about the person of the bishop. For he is of noble birth, so that they cannot grumble as if they were weakened with a small person, but must take hold of the fact that nothing has been broken off from the bishopric, and that the only thing they have had to do is to find a person who is suitable and Christian. Thus he is also abundantly gifted by God, learned in the holy scriptures and well practiced, more than

116 Erl. (S.) SS, ISS-IS8. Section 2: Election of the Bishop of Naumburg. No. 1257 f. W. XVII, 157-160. 117

all papists in one heap; in addition of an honorable life and faithful, sincere heart, also caelebs, that the papal rights themselves (if they wanted to choose best) would have to choose such a bishop; is also unpunishable according to the holy scripture, as St. Paul paints a bishop Titus 1, and 1 Timothy 3, 2. Paul paints a bishop Tit. 1, 7. and 1 Tim. 3, 2. But so that our Lord God reserves his right that no living man is righteous before him Ps. 143, 2., but all must live before him according to his pure grace and mercy.

For the sake of the secular estate or dominion (in which the papists are most concerned), I have said above that the bishopric should not herewith be torn apart, but remain a free corpus, as before, with all its justice. For as we must not tear the parish goods and their justice from the parishes (because a parish lord cannot eat hands and feet), so also the goods shall remain with the bishopric (which is a large parish). For it is useful and good for both foundations, sovereigns and lands that they are not torn apart; as said above.

But I have heard speeches how he should complain to Julius, also through writings, that my most gracious lord, the Elector, wants to throw the monastery under himself or take it to himself, 2c., when he has never resisted the Gospel, but intends to govern Christianly, to save the souls of the monastery from their ruin. If this were the case, I would be sorry for Julius that he should commit such a shameful offense with such public lies and false words.

First of all, that he should blame my most gracious Lord Elector, that he wanted to throw the monastery under himself, and take freedom from the kingdom, 2c., that is not true, because it did not happen in the corner, but at Naumburg, and also through my mouth (although I am nothing) indicated to the estates and councils of the monastery that it did not have the opinion to break off the bishopric. I also preached this publicly in Zeitz, that it must be unbelievable that such public speech, trade and sermon should not have come before him, and that he should still publicly present himself with such false words. But I want to see (where I am to live), how he can do such things with

Honor and Glimpf may defend; for it is publicly forged and lied about, that I know for certain; and if he is caught in such a great lie, publicly and knowingly done, then he may see what will be thought and said of him.

60 Secondly, that he should boast how he has never been against the gospel, and wants to act Christian in the church; then I say for myself: We have now learned longer than twenty years by such their language, what they call gospel, church, Christian or bishop. And even if we had not wanted to understand it before, before this year Heinz Mordbrenner set so much fire to us on account of all of them that we would have had to see it if the darkness had still been so great among us; they have taught us to understand their language, what they call church, Christian, and gospel. And God has already lit another fire in the abyss of hell, so that they may also see and read clearly what Christ calls the church and the gospel in us.

(61) But I do not yet hear that he lets himself be heard that he wants to let the monastery remain as they teach and believe now (as he should do and is obliged to do, if he were serious), but, as I said, praises to govern Christianly, to care for the souls, not to be contrary to the Gospel. This means 1) in German: Klippern gehöret zum Handwerk. So now I have said that we have come to understand such language with great harm. Would God that we had understood it before, or understood it enough. That is enough this time, until I see what they want to say publicly. We know from their secret that there is nothing good. Against this help us, whose enemies they are, God the Father, through His dear Son, our Lord Jesus Christ, together with the Holy Spirit, praised forever and ever, amen.

1258 Luther's Letter to Bishop Amsdorf. March 5, 1542.

The original of this letter is at Dresden sin Oock. S6iÜ6t.; from a, Jenaischen manuscript printed with Seckendorf, Hist. I^utN., lik. Ill, 866t. 25, ? 100, p. 411; incomplete in Strobel-Ramer, p. 301;

1. Erlanger: hot.

118 Cap. 16: Measures taken by the Catholics. W. xvii, 160-162. 119

from Börner's collection in Schütze, vol. I, p. 186; in De Wette, vol. V, p. 433 with the wrong date: "February 12". German at Walch here incomplete; complete vol. XXI, 1483, in both places with De Wette's wrong date. The correctness of the date is according to Burkhardt, p. 408.

To the venerable Lord in Christ, Mr. Nicolaus von Amsdorf, the right > bishop of the church at Naumburg, his superior who is to be highly > honored in the Lord.

Grace and peace in Christ! I am also very glad, dearest friend in the Lord, that my letter pleased you, that is, that I did not write in vain. For I wanted to comfort you, since I am not concerned about you with common worries, considering how great worries I have put you into, or rather given my consent that you should be put into them. But the Lord, who rules the world through fools and children, and puts to shame the wise in their wisdom, will accomplish his work through us, the most foolish of men, as we are called, Proverbs 30:2, 1). By the way, do not be moved by the fact that I wrote that I do not want to ask anything from you. I wrote this from your bishop, not from Amsdorf, that is, I do not want anything of goods to be given to me other than the goods of the diocese, namely, so that the unworthy centaurs 2) do not get an opportunity to blaspheme after they themselves have devoured everything without conscience, and then do not want to blame us for a hare or a pig that has been given to others. "Let them devour in God's name or another's, that we be not blasphemed with them." I also wish you happiness that you have been given a faithful sub-amministrator (praefectus secundarius), and I.love him. May the Lord preserve and promote him; but more I wish you luck that the clergy at Zeitz will be compliant.

There is nothing new, only that the book of the bishopric 3) is under the press, which is

1. In the original: Proverb. XXXI.
2. This is what Luther calls the courtiers who ride stallions.
3. The previous writing.

I promised to Naumburg. It would have been finished long ago if it had started because of a new weakness, and. Dear, what more could I have wanted and wished for than for it to be finished two weeks ago? What I can do, I do willingly. Fare well in the Lord who strengthens you, and pray for me. My Lord (meus) Käthe, the neighbor of your kingdom, greets you, and perhaps your future guest next summer, for that is threatened to you. On Sunday Reminiscere, that is the 5th of March, since your letter was handed over to me through your George, which is dated 4) February 12, 1542.

Your Martin Luther, D.

1259: Other writings of Elector John Frederick of Saxony against Julius Pflug, addressed to the emperor and the empire. 1544.

This writing is found in Hortleder, "Von den Ursachen des deutschen Kriegs," vol. I, lid. V, eax." 18, S. 1180.

The most illustrious, highborn prince and lord, Mr. Johann Friedrich, Duke of Saxony, Archmarshall of the Holy Roman Empire, Elector, Landgrave of Thuringia, Margrave of Meissen and Burgrave of Magdeburg 2c.., The Council of the Holy Roman Empire has received an order from the Holy Roman Empire's arch-marshals, landgraves in Thuringia, margraves of Meissen and burgraves of Magdeburg 2c. Duplicate writings which they have received against Er Julii Pflug, who claims to be a bishop of Naumburg, which was entered at the previous Imperial Diet in Nuremberg, which was unfounded and then published in print, at the current Imperial Diet in Speier, in order to advance before the Roman imperial and royal majesty, princes, princes and estates of the Holy Roman Empire. Anno 1544.

Most Sublime, Most Magnificent and Most Invincible Emperor! Most > illustrious, most magnanimous king! Most illustrious and noble, > high-born princes! Venerable, noble, noble, noble, noble, noble, and > noble, noble, and noble 2c. Most gracious and gracious, also favorable > lords and good friends.

1. After Julius Pflug, who calls himself a presumed elected bishop of Naumburg, has given the most illustrious, highborn prince and bishop of Naumburg the title of "Bishop of Naumburg.
2. In front of Datatz, De Wette erroneously has a period, which led him to the wrong dating of this letter. Burkhardt, p. 408 has improved this error.

120 Section 2: Election of the Bishop of Naumburg. No. 1259. W. xvn, 162-164. 121

Lord Johann Friedrichen, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave of Thuringia, Margrave of Meissen and Burgrave of Magdeburg 2c.., our most gracious lord, at two imperial congresses held before, namely recently at Speier, and afterwards at Nuremberg, with unsubstantiated writings, but especially by a supposed replica, which he handed over for several quarters and subsequently had printed, heedlessly and with public unjustification, also especially as if against God and right the aforementioned Elector had withheld the Naumburg monastery from him, diminished and weighed down, also offered help, advice and assistance against His. If the aforementioned Electoral Prince were to reduce the monastery of Naumburg, and if assistance, advice and support were sought quite unreasonably from the Holy Roman Empire against His Princely Grace, then His Electoral Grace would be well advised. Grace's counselors would have been meant to refute such his shameful and unfounded replica before and before this time; but what caused the delay is ordered to the Reverend in God and Lord, Mr. Philipsen, Bishop of Speier, as Your Imperial Majesty. Majesty's commissioner and commander ordered in these matters, has been sufficiently indicated by a document handed over, among other things, and without doubt plows have not been restrained; therefore to repeat this here is considered unnecessary for the sake of brevity.

But to come to the matter in the shortest possible way, it basically depends on this. Namely, whether the Elector of Saxony has and may have some interest or permanent objection and causes. He did not want to let Julium Pflugen come to the bishopric of Naumburg? as said Pflug, although without reason, wanted to interpret it as if the Elector should not be entitled to any interest or objection 2c.

And for clear and bright, also true and constant execution of the House and Elector of Saxony 2c. In the interest of the House and the Elector of Saxony, the prince's counsels have stated that the House of Saxony has had, possessed, used, and brought to the three monasteries of Meissen, Naumburg, and Merseburg, and their bishops and cathedral chapters, among others, the reported sovereignties, rights, preeminent rights, and prerogatives, all of which have been quiet for as long as anyone can remember.

4. namely because such bishoprics in and to the House of Saxony 2c. Princedom, lands and dominions, the bishops, who were at any time of the ends, together with their cathedral chapters, have over the past, also otherwise rightfully time-barred, become the princes of the House of Saxony, formerly only landgraves in

The people of Thuringia and the Margraves of Meissen held them as their sovereigns and protectors, advocates and patrons, and recognized them for this, honored them, and sought their protection and protection against ecclesiastical and Roman curtisan, as well as secular unrighteous power at all times when necessity required it, and actually felt it.

5. In addition, they have always, and from time immemorial, when someone has made a ruling and claim against them or against their subjects, also the subjects against them, the bishops, and they themselves against their subjects, if the matters could not be carried out by themselves, and further feuds and enmities or physical complaints occurred, and enmities, or physical complaints, the matters have been referred to the affected Electors and Princes of Saxony, as their sovereigns, for justice and equity, who, as the sovereign protectors and advocates, have also taken amicable action, and in the event that this does not take place, legal action; which is therefore true, correct, also notorious and irreconcilable.

Furthermore, from time immemorial, the aforementioned bishops and their cathedral chapters have, at the request of their sovereigns, personally attended their provincial assemblies in cases of concern for themselves or their provinces, or, if they were considerably prevented from doing so, have attended them together with their chapters, have also held prelates' meetings with other clergy as belonging to the provinces, and have respected and recognized themselves as belonging to the provinces in all respects up to this point.

(7) Furthermore, what has been deliberated and decided by them and the other estates in such land councils, they have first of all, since it concerned the salvation of the lands and the like, with their and their monasteries' subjects' help, taxes and consequences, also helped to execute such princes and common lands for their benefit, use and welfare.

8. have also knowingly obeyed the sovereign with regard to the aforementioned aid, taxes, council and services, to no one else but the same. And since they have ever wanted to control the empire and to pay its taxes and aid without means by penalty mandate, they have asked the sovereigns to excuse them from Roman emperors and kings; also, because they belonged to the lands with their monasteries, to make them exempt against the mandates; which was done. Accordingly, the princes and princes of Saxony have been summoned to all imperial diets, for a period of time that has lapsed, to help the empire.

122 Cap. 16. measures of the catholics. W. xvn. i64-i "7. 123

S. Since the bishops of the affected bishoprics also had skill, they were accepted by the sovereigns as councillors and used for this purpose; they also gladly and willingly used themselves for this purpose, and allowed themselves to be sent to honestly reported princes, as their sovereigns, for trade and messages.

10. All the regulations, commandments, and police, which the Electors and Princes of Saxony have made and established for their lands and their inhabitants, both ecclesiastical and secular, for their good, benefit, welfare, and satisfaction from time immemorial, have been sent to the bishops, as well as to the other countrymen and to those who belong to the lands; They have posted them in their monasteries, and have proclaimed to their own that they are to abide by them.

Since an inheritance was made some fifty years ago between the former most noble and illustrious, highborn princes and lords, Mr. Ernsten, Elector, and Mr. Albrecht, brothers, dukes of Saxony, 2c., The aforementioned bishops and their cathedral chapters of the three bishoprics mentioned above appeared at the state congresses, which were announced for the publication of the aforementioned inheritance against Leipzig, like the other state estates, have listened to the publication and the contents of the same division, and first of all, in which way the bishoprics and monasteries have been assigned to each of the named princes' parts and lands, without any objection and objection, and have also approved of the time and since then of such division.

When one of the bishops has died, the cathedral chapters have held their future election in such a way that they have announced the death of the previous bishop to the sovereign, along with the planned future election. Sometimes the bishops themselves have held suitable treaties with the sovereign for the sake of a future bishop, before their death, and have taken care to learn their minds, so that an unpleasant, disagreeable, useless and repugnant person would not be chosen by the chapter as a future bishop; this has also been done by the chapters.

Furthermore, the chapters have announced the chosen person to the sovereign after the election and have asked to take him and his foundation into their gracious protection and protection.

14. and that the elections and acceptances of the new bishops will be made from time immemorial and from time to time.

This is rightly and clearly shown, among other things, by the recorded history of the tradition from time immemorial.

15. For when a bishop of Naumburg, called Bishop Johann, of the family of Schönberg, as written next to the lesser number of seventeen, died, the cathedral chapter nominated Ern Vincentien von Schleinitz, canon there, for a bishop; but since Duke Frederick and Duke John, brothers, Electors of Saxony, of blessed memory, have been more inclined to support their native blood relative, namely the reverend, illustrious, highborn Prince and Lord, Mr. Philipsen, born Count Palatine of the Rhine, Duke of Bavaria and Bishop of Freisingen, there in Naumburg for an administrator, so the said von Schleinitz has not been chosen, but, at the pleasure of the two sovereigns, Bishop Philipp, Count Palatine, has been postulated as an administrator.
16. And when one wrote a thousand four hundred and four and thirty years ago, the lesser number, it happened that a bishop of Naumburg, also called Johannes, complained against the sovereigns, namely then Duke Friedrich and Duke Siegmunden, brothers, Elector and Prince of Saxony, that he could no longer preside over the monastery due to illness of his body, and therefore asked that the monastery come to the cathedral provost of the time at Naumburg, Ern Peter von Schleinitz: The said sovereigns answered the bishop, thought to admit von Schleinitz for a bishop in the affected place, and also wanted to protect and defend him in the bishop's office.

17 Furthermore, at the request of the aforementioned Duke Frederick, Elector of Saxony, in the years four hundred three and fifty, Dietrich von Buchsdorf, teacher of law, and at that time ordinarius at Leipzig, was appointed provost of the cathedral at Naumburg by the chapter there, and subsequently, at the further request of the sovereign, was appointed bishop there.

18. And in this and the like, the cathedral chapters have acted wisely and cautiously, except for the allegedly dangerous election of which Pflug is famous, and have undoubtedly considered the rights that the sovereign and principis terrae, protectoris et patroni consensu requirendo, first of all since such is customary in a time-barred usage, and that the sovereign protector and patron has right, reason and interest to excipirate and oppose against the elected and against the confirmation of the election.

124 Section 2: Election of the Bishop of Naumburg. No. 1259. W. xvn, in-ies. 125

niren und praesertim, wie die ermeldeten Rechte sagen: Si princeps terrae vult excipere contra Electum, quod timet de conjuratione, seu revelatione secretorum suorum, vel de nocivis consiliis etc., quoc hoc facere possit, quia tunc dicitur princeps prosequi proprium interesse, et est audiendus, et dicunt jurium interpretes: Hoc dictum bene notandum, cum saepe accidat in practica.

(19) Thus, there are also reasonable and consistent reasons for the affected usage and custom of the House of Saxony and its bishops. For since, as mentioned above, the bishops are obligated to attend the sovereign's Diet, and otherwise to advise them faithfully in their and the sovereign's affairs, as well as to help and serve them, necessity, by virtue of the rights involved, together with natural equity, requires that such bishops, and no others, be appointed, whom the sovereigns may well trust in matters important to them and their sovereigns, and provide them with confidential good will.

20 Furthermore, the nature and type of protection requires it. For to protect such a bishop and his foundation, whom the sovereign and patron does not trust well, and who would subject himself to put down and suppress the justice of the House of Saxony, or to be dependent on the sovereign's enemies, or to be related to them with counsel and services, or to be dependent on them in any other way, would be difficult for the sovereign, and the protection would not go well afterwards. For there should and must be correlativi respectus et mutua confidentia ac voluntas between the patron and patron's relatives, as the rights indicate; which cannot be, since the patron's relative comes from the Prince Regnant's court and schools, and is amicus inimici vel adversarii.

And that the bishops and bishoprics of the House of Saxony have been and are obliged to their sovereign with counted and other righteousnesses from time immemorial, and that this is not the first or the only thing that has been claimed by S. C. F. G., but that the noble, highborn prince and lord, Mr. Heinrich, Duke of Saxony, 2c., of blessed memory, stood with the Elector, as his cousin, against the Bishops of Meissen and Merseburg for the sake of each of their interests, the Electoral Councils refer to both of their electoral and princely graces' entire writings, which they have addressed to Your Imperial Majesty, Most Gracious. Majesty, Most Gracious Emperor and Lord, next to Regensburg, against the unobjectionable statement of the two bishops mentioned above.

The entire text is therefore repeated here as well.

22 For the sake of the clergy, there is also the following opportunity with the aforementioned foundation and bishops: that their dioceses or districts (as it has been called all along) have been divided from time immemorial in such a way that each bishop is entitled to exercise the spiritual superintendency over a large place of the house of Saxony lands and dominions in a Christian manner. Which superintendency, however, the affected lands and their inhabitants have had to lack for some years now, because the bishops and commanders opposed the Augsburg Confession, and the preachers and the people therefore undertook to prevent it. As Plough would do and presume no less, but would not be imposed upon him.

23 And although the Elector of Saxony has had to provide and appoint the above-mentioned superintendency in other ways, to prevent all kinds of incorrectness, with special expenses for several years, it would still be highly burdensome, not even fair nor right, that such should have to be done for and for, because the bishops' estates are sufficiently provided with goods, pensions, interest, fees from such superintendency and episcopal office.

24 Since the Elector and Princes of Saxony and their lands are rightly not obliged to let themselves be deprived of their traditional righteousnesses and the same possessions, or quasi, nor even of the right Christian superlative tendency, but according to the rights of men are free and proper to defend and protect their possessions, also jurium incorporuliuin, with due counterattack, the Electoral Saxon Councillors find to your imperial authority that they have the right to do so. Saxon Councils to Your Imperial Majesty, also Royal. They will also not blame the Electors of Saxony for not allowing themselves and the House of Saxony to be spoliated or deprived by ploughing up more than one justice and by giving notice of it and proving it, as he intends to do.

For the rights, as irrefutably true, allow, quod pro defensione quasi possessionis juris incorporalis nedum liceat distringere personam, sed etiam alia obstacula, impedientia, quem quasi possessione sui juris libere uti, facto proprio amoveri et tollere. But if such is allowed, in the case where the disturbance to the other's possession, or yuasi readyan put into work, much more must, from it' finally.

126 Cap. 16: Measures taken by the Catholics. W. xvn, E-172. 127

and to allow each one to meet such disturbance before the same is brought to work, quemadmodum etiam unicuique in jure tanquam consultius permittitur, in tempore occurrere etc..

26? Now, the Elector would not only be physically turbiret and prevented from touching the House of Saxony and S. C. F. G. Gerechtigkeiten am Bischofthum Naumburg, and the same Posseß, if Pflug should come to it, but would also be completely spoliirt, and spoliir themselves in fact by the admission.

27 For Julius Pflug dared to deny all the previously mentioned righteousnesses and traditions to the Elector and House of Saxony, and to confess none of them, as much as to him. Therefore, if S. C. F. Gn. had him come to the bishopric's seat about this and in such a manner, reason would have to rightly follow from this, quod scilicet Elector Saxoniae ideo cederet turbatori et spoliatori Julio Pfluge, sine facti resistentia, quia suspicaretur, se posse repelli etc., and thus S. C. F. G. released the bishopric and the cathedral chapter sciens et patiens in quasi possessionem libertatis, from all the same of the House of Saxony's rights and their quasi possession, which no one, even of lesser rank, would do nor would do in the same case.

28. But when Pflüg dared to touch upon his denial and non-confession of the house of Saxony's rights, and that the monastery and the bishops of the same should belong to the empire, and that they should also have their status and session, among other things, because the reported monastery would be the empire's fief, and a bishop would have his regalia from the empire 2c., the Saxon councillors answer this, and do not know otherwise, because the monastery churches and the bishops of reported monasteries have had their properties as propria, and not as feuda, as they have also been forbidden by several constitutions to take them in fief in case of hard and severe penalties. Plough will not be able to say with certainty, much less prove, that the bishops of much affected monasteries ever received such fiefs publicly, or at imperial diets, and otherwise than perhaps with letters.

Some of the nobility also receive fiefs from the empire, and are enfeoffed with letters, or pardoned with some regalia; however, he is not an imperial prince, nor a state, because a different definition belongs to it. So he only shows Julius Pflug what the bishops of the House of Saxony have had and used for regalia since time immemorial, so he shall be given further good counter-report of the adverse truth.

Finally, nothing could be taken away from the House of Property in respect of the above-mentioned traditional and statute-barred rights by means of the affected feudal receipt or regalia, since Your Imperial Majesty's opinion, even that of your noble ancestors, does not prejudice anyone else or the third party or tertiary in respect of his rights. Majesty, nor the opinion of your noble ancestors in such matters, to prejudice anyone else and the third or tertiary party in his rights.

Moreover, it is publicly known in the daytime and only in the realm that none of the reported bishops, nor their ambassadors, have been on imperial diets in living memory or ever within the time barred by the statute of limitations, much less have they had a standing or session in the realm, as it is also not evident from all the imperial diets held in living memory that they were first on imperial diets as imperial estates. Even if this had happened and they had been subject to it, the princes of Saxony would not have tolerated it; for since they had taken the same bishops and monasteries of the empire for all they were worth, it is easy to assume that they would have confessed to them much less princely dignity, imperial status and session.

32. And to further show and confirm that more touched monasteries and bishops do not belong anywhere but to the House of Saxony, about one and a half hundred years ago a bishop of Meissen, called Bishop Nicolaus, has arrogated to himself the same, as Pflug would like to do now; But finally he and his cathedral chapter have committed themselves to their sovereign, at that time Margrave Wilhelm of Meissen and Landgrave of Thuringia, never to give or transfer the monastery to anyone other than the Elector, but to faithfully advise, serve and help the said Margrave as his most gracious lord 2c. Such obligations are to be advanced more in case of need.

33. And just as the bishops, who in former times undertook the apostasy from the sovereign, succeeded in doing so, so shall and will Plough, by divine bestowal, also prosper in his presumed apostasy.

34 The Electorate of Saxony also has no doubt that Julius Plough's pretensions against the House and the Elector of Saxony are true. The Electoral Saxon Councilors do not doubt that Julius' plowing allegations, which he makes against the House and the Elector of Saxony, are considered by all subjects of the princes in Saxony, even by his own blood relatives, to be a falsehood, an unjustified lie, and a public untruth. For they all know well how and in what manner, also how completely compliantly the bishops of the three monasteries have held themselves against the sovereign of the House of Saxony before and until now.

128 Section 2: Election of the Bishop of Naumburg. ^No. 1259. W. xvn. 172-174. 129

35 And not only are all subjects of the House of Saxony and Pflug's own blood relatives aware of this, but also foreigners and outsiders. For after the first Imperial Diet held by Your Imperial Majesty in Worms in Anno. For after the first Imperial Diet held at Worms in the year 21, princely griffins and other lords, together with the knighthood in Franconia, have issued a "proclamation", and in it they have reported on the relationship of the bishops of Meissen, Naumburg and Merseburg, and in what way they are among the princes of the House of Saxony. Report to do. Therefore, it is quite disconcerting to hear that Pflug, as a born subject of the House of Saxony, took it upon himself to deny and cast doubt on such notorious relationship of the bishops to the House of Saxony.

36 Also, several reported electoral councillors have introduced the following. In their first responsibility against plowing, which was handed over and read out at the recent Imperial Diet at Speier, 1) they have, among other things, introduced as true, knowingly and demonstrably that the aforementioned Bishop Philipsen of Freisingen, Count Palatine and Administrator of Naumburg, councillors, who were ordered to the District Diet in Worms a few years ago by his princely grace, have been arrested by the bishops of Meissen and Merseburg. When they understood there that the bishops of Meissen and Merseburg, through their commander, wanted to penetrate into the state and session of the empire, they had their lord's command publicly heard: namely, that they had been appointed by his princely grace as a bishop of Freising. They had been delivered there by his princely grace as a bishop of Freisingen, and not as administrators of Naumburg. Because of Naumburg, his princely graces knew well how it was to be done. Graces well knew how it was with that. If now his princely graces would have known that Naumburg If his princely graces had known that Naumburg was to be a foundation of the empire, as Pflug assumes, his princely graces would undoubtedly have issued the order. His Princely Grace would undoubtedly not have given the order in question, nor would his advisors have made the reported announcement.

37 Plow should also, as one of nobility, reasonably refrain from interpreting said honest princes' and prelates' statements otherwise than they are meant and done with truth.

38 Thus, the aforementioned Bishop Philip of Freisingen was also related to the empire, as a knowing bishop of the same, no less to the Naumburg monastery, as administrator there; without doubt, where he might have found the things, for the sake of the reported Naumburg monastery, on the occasion, as Pflug states, his princely graces would not have allowed the touched notification. Grace would not have let touched notice do. And what is more, with the said bishops

1. No. 1256 in this volume.

It is stated in the letters of the Duke of Meissen and the next deceased of Merseburg, which were found in good numbers at Wolfenbüttel, along with other dangerous letters of theirs, that they have themselves and expressly rewritten to their principal, Duke Henry of Brunswick, who advised them to search in their safekeeping of letters to see if they could find anything that would be useful to them for the preservation of an imperial state and session: namely, whether they had diligently searched for it, yet nothing special nor old might have been found of it.

39. Since Julius Pflug has been around and with the Cardinal and Archbishop of Mainz and Magdeburg, as a born Margrave of Brandenburg, for some years now, he should no doubt have heard how and in what way the cathedral chapters under the house of Brandenburg, when a new bishop is to be elected, are to behave, also with what kind of relationship the same bishops show towards the sovereign, and that they do not presume such things, as Pflug assumes.

40 Because Doctor Blumenthal, current bishop of Lebus, who was previously nominated and elected bishop of Havelberg, wanted to submit to the same episcopate without the favor of Margrave Joachim, Elector of Brandenburg, that another bishop, who pleased the reported Elector of the place, was elected and Doctor Blumenthal was not admitted.

41 And even though he went to Rome for this reason and issued papal mandates to the aforementioned Elector, the same Elector was not deterred by this to refrain from the Electoral House of Brandenburg's righteousness that the cathedral chapters must choose bishops who are pleasing and agreeable to the sovereign, but Doctor Blumenthal finally had to give way and cede the place.

42 Because the House of Saxony, for the sake of its bishops, is no less entitled and empowered, praise God: what is it that the aforementioned plow is doing, that he allows himself to be tempted into the vaunted, unseemly Naumburg election, against the House and the Elector of Saxony, and to challenge their rights and justices in such an impudent manner; without considering, quantum patriae magistratibusque debeat. He should also consider how difficult it would be for him to tie the cat (as they say) to such bells; certainly many good people have kept him much more thoughtful and reasonable before time, because they now respect and recognize him for it.

130 Cap. 16: Measures taken by the Catholics. W. xvn, 174-177. 131

43 It will also not be enough for respectable and reasonable people that Pflug excuses the contents of his supposed replica, as if he had been named by the chapter at Naumburg without all previous practices and actions, even of his absence.

44 For, nevertheless, he should have considered his relationship to the fatherland above all, and not burden himself with unjust things against it, first of all with disorderly, also previously unheard-of request for the Holy Roman Empire's advice, help and assistance against the Elector of Saxony 2c, as the much-reported monastery's sovereign, hereditary protector, advisor and patron. His Elector. His electoral graces also know, praise God, that they have done him no wrong for reasons that have been mentioned and changed, of which further details will be given later, but that he would gladly do wrong to his electoral graces if he were to be held responsible for it.

45 His Electoral Grace has desired nothing more in the bishopric of Naumburg. His Electoral Grace has desired nothing more for the bishopric of Naumburg than that a Christian and peace-loving, also God-fearing bishop may be there, and that his Electoral Grace and the House of Saxony may retain the traditional privileges and rights. Grace and the House of Saxony the traditional glories and justices remain; which also his Electoral Grace has secured by plowing, his land and his bishopric. His electoral graces may not be deprived of them by plowing his property, with God's help, nor may they be deprived of what is the divine will.

46 His Electoral Grace has also not undertaken anything from the same monastery. His electoral graces have not undertaken anything from the same monastery's property, nor will anyone be able to impose this on His Electoral Grace with truth and permanence. They do not want anything dearer than this, just as His Electoral Grace's Christian thoughts are directed to this. The bishops may exercise their episcopal office and superintendence righteously, as far as their district extends in the lands from time immemorial, on the income and pensions of the monastery (as it was meant in the beginning with the endowment), with the advice, help and assistance of Christian canon lawyers, without special and unreasonable burdening of the people. Therefore, Pflug had no reason to call the Naumburg monastery an oppressed monastery for the sake of the Elector; however, he was careful not to become and be the oppressor himself.

47 The mind of the Elector of Saxony has not hitherto known whose children of nobility, since they have been sent to Christian episcopal offices among others and are fit according to divine Scripture, have not come by proper, Christian and due election to a more touched bishopric.

As they have also been left and graciously protected until now by the gracious handling of the sovereigns, against various Roman curtisan practices. But where it would easily and ultimately end up, where these same bishops as sovereigns would subject themselves to look back on their sovereigns and withdraw from them, also to deprive them of their customs, glories and righteousnesses, which they will neither suffer nor allow to happen, such is easy to see.

48. And although Julius Pflug confesses with difficulty that the Elector of Saxony is the patron of Naumburg Abbey: He gives this much to understand that his Electoral Grace should only be a mere emergency servant of such protection, and have no justice or glory against it in the monastery, but if a bishop of Naumburg asked him to protect him and the monastery and its subjects, then he should, and that is more, be and protect at his own expense, out of duty.

But whether anyone who has sense can believe that the House of Saxony has so far taken advantage of the bishopric's protection without some considerable counterpart and at its own expense, even without protection money, let him consider for himself.

But when he tried to force with this argument that the Elector may not be sovereign of the Naumburg monastery, because he is the patron: he should have considered why the Pope in some of his decrees indicates and confesses that he has taken a monastery or convent into his special protection, when he considers himself to be the sovereign of all clergy without this? Does the protection not cancel the authority there? Why should the House of Saxony not be able to be sovereign over the special protection of the three monasteries much more?

51 If Pflug had also given ostracism to the ration of such special protections, he would have refrained first of all from making such and such inconsistencies against the sovereign, because he will certainly not have to deprive the House of Saxony of its glories and rights with such and such arguments.

52 To this the electoral councils know. The councillors indicate with letters and seals that in previous times the sovereigns made a special confederation and protective alliance not only with their bishops, but also with their most noble subjects without means.

132 Section 2: Election of the Bishop of Naumburg. No. 1259. W. xvrr, 177-180. 133

53! However, when he then continued to make a pretense by means of an extensive execution and with old letters and seals of the old landgraves in Thuringia and margraves of Meissen, from where touched protection should have initially come: so the previously reported councilors know little to speak of the attracted breezes, after the same were not presented by plowing. So also the rights say that the temporalia easily come into change by incidental trades. Therefore, little can be built on such old letters, which are two hundred years old and close to that, as Plough expresses the date, but it must rightly prevail what is customary over living memory and otherwise over rightly barred time; because usus praescripti temporis producit jus, and the custom of immemorial time has vim concessionis unb privilegii.

54. But nevertheless, where the letter, which Plough attracted de dato 1238, and Bishop Engelharden at Naumburg from the Landgrave in Thuringia and Margrave at Meissen, so named therein, shall have been given, the letter would be, which otherwise at the date, as above and further reads: At Groytz Sexto Calendas Decembris, he would certainly find nothing of protection in it, and the same letter would otherwise also do much more to confirm the House of Saxony's authorities and righteousnesses, than against it, especially in that it brings, how the said Margrave of Meissen has created and commanded frontiersmen and court commanders or beadles in the bishop's provinces, towns and villages, and how the same Margrave has also ordered Bishop Engelharden to rebuild several castles and fortresses.

For he Julius Pflug knows well and has heard at the time on the day in Leipzig, moreover, that also old letters exist, from which is found why the said margrave did not want to allow the bishop to complete and fortify the castle in Zeitz, also to have the construction partly torn down, so that it had to be stopped, until the bishop, after excellent intercession with the reported margrave's son, obtains a remission therein.

56 Thus it is also clear from a letter of former Margrave Dietrich of Landsberg, dated Mera 1269, that the same Margrave Bethe, 1) took estimates and impositions not only from the subjects of the Naumburg monastery, but also from the bishops and capitulars; and whether he had reported bishops and capitulars to the bishopric of Naumburg or to the bishopric of Landsberg.

1. "Bethe" is, as is evident from the context, as much as taxes, imposts, estimates.

Although half of the people have subsequently dropped this, the land aid to be taken from the subjects of the Naumburg monastery has been preserved and remains in place.

(57) Such prayers, facilities, and land grants are not imposed on anyone but the sovereign, not even on foreigners or outsiders, but on the sovereigns and those who belong to the land. For if the monastery had not belonged to the lands, but to the empire, the princes would not have occupied the bishops, nor would the bishops have refrained from asking the Roman emperors and kings for protection against it.

Plough and the chapter of Naumburg will also not be able to prove that a bishop of that time had a fief from the empire or received a regatta.

59 But that the bishops of Naumburg together with the reported chapter recognized the princes of Saxony 2c. as their sovereigns, and that they are also obliged to hold and recognize them as such and are their sovereigns, the Saxon and electoral councils refer, among other things, to the letters of protection that were established between then Duke Wilhelm of Saxony and a bishop and chapter of Naumburg; in which letters and reversals the named Duke Wilhelm is expressly named "sovereign of the monastery. In addition to the notoriety, the same can be shown with other letters and trades in good number, which were issued between the sovereigns and bishops in Naumburg.

60. And how can it be doubted by ploughmen whether the Elector of Saxony is sovereign of the Naumburg monastery, because the same monastery is completely surrounded and encircled by the lands of the House of Saxony, and the princes have brought such privileges and rights to it, and to the bishops of the same monastery, as mentioned above, since time immemorial, and also since time immemorial; in addition, the House of Saxony uses sovereign freedoms, protections and protections, defenses, sovereign ordinances 2c. and suffer and bear with the same again.

61 When Pflug also does not want to admit the patronage of the Elector of Saxony, because Emperor Otto the First is said to have founded and endowed the Naumburg monastery, then several reported advisors say: Because the Elector of Saxony is the sovereign and hereditary protector of the bishops and churches, also of the Naumburg monastery, his electoral graces have fundatam intentionem rightly, super jure patronatus. Therefore also a distinguished teacher of rights uses the following words

134 Cap. 16. measures of the catholics. W. xvn, iso-iW. 135

gebrauchet: scilicet: quod cum Reges sint patroni in Episcopatibus, quod hoc faciat pro ducibus Almaniae, et dicit, hoc menti tenendum esse.

62. In addition, the House of Saxony has brought over time-barred without male objection the rights, liberties, prerogatives, preeminence and jurisdiction that belong to and are entitled to a patron according to the affected rights, and in particular that a bishop of Naumburg is to be named with the knowledge and consent of the sovereign, that a bishop of Naumburg shall be named with the knowledge and consent of the sovereign, which tradition is strong and constant in law, Si consuetudo est, quod principi terrae annuntiari debeat mors Praelati defuncti et ejus consensus requiri etc., etc., etc., etc., quod electio aliter attentata est inefficax, deß denn Pflug selbst geständ ist.

• 63 Since he would be considered against such custom and practice, he should consider for himself what right, justice and equity he should presume to do for the Naumburg monastery, and also apply to the realm against the sovereign, hereditary prince and patron for advice, help and assistance to disturb and suppress the justice of the House of Saxony, first of all without prior due cognizance.

The Elector of Saxony is justly permitted, as mentioned above, to protect and handle his rights and the quasi possessions thereof outside the law and intra jus, and not to be deprived of them; but Ploughs have no right to spoliate his Electoral Grace and the House of Saxony, the possessions they have, unrecognized, or to deprive the Elector of his rights. The House of Saxony, the same having posse, unrecognized, to spoliiren, or S. churfürstl. Grace, therefore he should have refrained from seeking help and counsel against the Elector and from taking up the matter ab executione, which is not proper even in much lesser matters. Nimis ergo ac injuste properas, Marcelle etc.

Thus the Elector of Saxony will not allow himself to be persuaded by Pflugen to renounce his opposition, which is based in law, without being recognized, since His Electoral Grace would have only one reason to excipirate against Pflugen: namely, that His Electoral Grace would not know him in his Electorate. Grace did not know in his Electoral Grace and in the affairs of their country. Grace and their lands. And although his electoral graces have been reported enough. His Electoral Grace has been sufficiently informed where the vindication of the opposition in question is reserved according to the Pope's rights. His Elector's Grace would not be advised to allow the matter to develop under the same compulsion of the court; for what His Elector's Grace could rightfully have decided on the place. His Elector's Grace should have decided on the occasion of the matter, and by reason of

of the ambivalent religion, is easy to consider. And although His Electoral Grace is rightly lacking Although His Electoral Grace is rightly lacking a common, free Christian concilium at present, His Electoral Grace is not therefore obliged to refrain from their rightly founded opposition. His Elector's Grace is therefore not obligated to refrain from their rightly founded opposition and to pay for that which is not in the hands of His Elector's Grace. The same is true for the other parts of the book, which are not available to his electoral grace.

But in order for Julius Plough to understand the matters and the Elector's interest and plea sufficiently, there are three main reasons, and all and especially based in rights, praise to God, why he cannot come to the affected monastery, nor is it beneficial to the Elector, nor to his electoral grace. It is therefore neither beneficial nor permissible for the Elector, nor for His Grace's lands, nor for their subjects, nor for the subjects of the monastery.

The first is this: because he denies the House of Saxony all of its due and from time immemorial, even beyond the lapse of time, its grants and possessions, and so much is at work in him to deprive: so the Elector is not obligated to endure such from him and to watch him do so. His Electoral Grace also hopes that he will be able to do so. His Electoral Grace also hopes for this, since his noble forefathers are blessed, and also his Electoral Grace himself. His electoral graces themselves have been left with such their justices by Roman emperors and kings until now. His Electoral Grace and the House of Saxony will therefore remain so by divine help.

68 If it is also right and justified, if someone has had some rights in a place, which he formerly used and possessed freely and unhindered, and the third party occupies the place, that he cannot possess his due rights freely and unhindered as before, that the tertius occupator is obliged to give way: in this case the Elector of Saxony must be much more authorized and entitled not to permit plowing, after his electoral rulers would not only not want to use their rights freely as before, but would also want to be completely deprived of them by plowing. The Elector of Saxony must in this case have much more authority not to permit plowing, since his electors would not only want to use their reported rights at the Naumburg monastery more freely, as before, but would also want to be completely deprived of them and spoliated by plowing. For if he had presumed to do such things, even to demand the urgent Turkish aid at the next Regensburg parting, to decree the same at the first deadline against Frankfurt for the help of the empire without means, and thus to draw himself to the disadvantage of the Elector to the empire, since he had not yet come to the monastery: what would his electoral graces have to provide for him? His Elector's Grace would have had to provide for him if he had attained the position of the same monastery.

136 Section 2: Election of the Bishop of Naumburg. No. 1259. W.xvn, iss-iss. 137

69 Therefore, His Electoral Grace's great and unavoidable necessity required it. His Electoral Grace's high and unavoidable necessity required him to counteract such a criminal plan of Plough's in time, which also His Electoral Grace and Plough himself, according to the saying: Turpius ejicitur, would have been less reproachable, because if he had once stepped into the posse, and the Elector should then have put him out again to handle his and the House of Saxony's rights and posse, as then His Electoral Grace would have done. Gn. (although with legal justification) would not have been able to avoid.

70 But when Pflug, in his unfounded reply, presumes to defend himself as if he had done the right thing with the pre-touched presumed imposition of the Turkish aid against Frankfurt, as a supposed associated prince of the empire, and that then Emperor Maximilian and the empire's decree or decree, on account of the prelates, counts and lords who had gone out, made at the imperial diet in Augsburg, Anno etc. decimo, were nothing for the Elector and Hans Saxony, but rather contrary to it. decimo, do nothing for the Elector and Hanseatic Saxony, but are more opposed to it, nor should it be found that Bishop Philip should have created and brought in more than one Turkish tax at the decision of the sovereign and his countrymen:

71 Thus, the Saxon Electoral Councillors say against this: it is indicated above, which is also provable, that the bishops of the three reported monasteries owe to the Landgrave in Thuringia and the Margrave in Meissen to advise, help, and serve, that they have also had, possessed, and brought to the monastery of Naumburg in particular tax and consequence from time immemorial.

72 It can also be shown with old registers and documents that the bishops of Naumburg have had to follow and serve the sovereign with a considerable number of men on horseback and on foot, also with money, when the occasion required it. Help done. And especially Duke Friederichen, of this name the First, Elector of Saxony, also the Landgrave in Thuringia and Margrave of Meissen; subsequently Duke Friederichen and Duke Wilhelm, brothers, called Duke Friedrich the First's sons; also Duke Ernsten and Duke Albrechten, brothers, called Duke Friedrich the Second's sons, the present Elector's great and ancestor, of blessed memory.

73 Furthermore, when it happened that a barbarian Wendish people, called the Rätzen, went on a rampage in the Lusatian, and also in the neighboring lands of the princes and chieftains, it was not only in the Lusatian lands, but also in the surrounding lands.

The bishop of Naumburg, who was in power at the time, has sent his help in the form of horses and men at the request of Duke Frederick, Elector, and Duke John, brothers, of the present Elector's cousin and dear father, the blessed. They have gathered their horse and foot in considerable numbers to defend the reported people, and have also sent their help in the form of travelers and men. That Bishop Philip of Freisingen, Administrator of Naumburg, has had the Turkish installation approved by the Estates at Zwickau, at the aforementioned request of Elector John of Saxony, applied and introduced in the Abbey of Naumburg and the articles adopted there at Zwickau in a completely uniform manner, is clearly and sufficiently indicated by His Princely Grace, as well as by the latter's governors and councillors, in their counter-scripts and the answer given.

74 In addition, he has also sent some of his councilors to the current Elector, Duke John Frederick, according to the aforementioned of his Elector. Gn. Lord Father's fatal departure, sent to Altenburg and asked His Electoral Grace to bring in the money. His Elector's Grace to be informed of the burial and burial, as well as the closure of the affected case, and ultimately to have copies of the tax registers handed over.

75. That also Bishop Johann of Naumburg, the next before the above-mentioned Bishop Philippsen, sent his own to the two next deceased Electors, and had them indicate that a mandate had come to him from the Fiscal, an attachment for the sake of the realm, and had the said Electors ask to excuse and take from him therein, because he knew that he and his monastery belonged to such lands 2c. This is also evident from the actions taken because of this.

Furthermore, it is true, indisputable and provable that Bishop Philip ordered his horse and foot assistance, which was decided and granted at the decreed Regensburg imperial treaty against the Turks, to the Elector of Saxony, as the sovereign, when he undertook to march on Vienna, and ordered the assistance of the same captains, and also sent the remuneration for the facilities decided at Zwickau.

Since it is and appears irrefutable from this that the House and Elector of Saxony have been and still are in favor of the monastery of Naumburg in terms of aid, consequences, taxes, and facilities, and that they have knowingly and in their own right granted to the Empire, Your Imperial Majesty and Royal Majesty, as well as the elector and prince of Saxony, will grant the monastery of Naumburg. Majesty and King's Majesty, as well as the electoral and princely graces and favors. Graces and Favors, and Male Impartiality

138 Cap. 16. measures of the catholics. W. xvn, rss-isr. 139

from this graciously, also kindly and diligently to consider how plowing might have been due, to submit to demand the next Regensburg urgent Turkish aid, from Bishop Philip beforehand, and at the request and desire of the Prince Regnant created and brought in facilities, and to provide the same for the Reich's aid to Frankfurt, to the House and the Elector of Saxony for deliberate and wilful harm, damage and prevention, and also to release the affected grants, where he would have been held responsible for them.

78 And that Roman emperors and kings, as well as princes, princes and estates of the empire were sufficiently aware that the three bishops mentioned above were related to the House of Saxony with the taxes and grants, this shows first of all clearly, and also sufficiently, the work on him. For neither the kingdom nor the bishops can prove that anyone else had taxes and consequences with the bishops mentioned and their monasteries before, except the landgraves of Thuringia and the margraves of Meissen.

Thus, Pflug himself hides and seeks back his supposed account, no further than that approximately during the reign of Emperor Maximilian, of high lordly memory, once or twice, because of the Naumburg monastery, tax should have been given to the empire; however, if this were to be proven, nothing of the old custom would be indicated, but it appears from this that the bishops of Naumburg did not control the empire at all before, otherwise Pflug would not have kept it in his pen without a doubt.

80 Moreover, it is easy to think that such taxation would have been done by the bishops without the knowledge of the sovereign and thus clam, who would not have kept quiet about it; as they then, as is stated afterwards, spoke against it publicly and protested when they might have become aware of it. Therefore, also the reported house of Saxony may not be granted any jurisdiction, cum patientia ad ad-quisitionem quasi possessionis juris incorporalis necessaria.

81 For with the above-mentioned imperial decree and decree of Augsburg, made anno decimo, it is clearly stated in addition to the previous similar actions that the Elector and Princes of Saxony have now, at 34 years, and thus for the longest time, publicly extracted the three bishops, as belonging to their lands, in the imperial help and suggestions.

The same thing has been written at the imperial congresses of Your Imperial Majesty at Worms some twenty years ago. Majesty, Most Gracious Emperor, at Worms, several and twenty years ago, and

The same applies to other subsequent imperial and district assemblies as well. So also Pflug, where the things would give him trouble, as they do not concern him, should know to indicate, which part, namely the realm, or the house of Saxony here the older owner and possessor vel quasi roare, unb utrius partis possessio esset antiquior et justior? However, this is not noted from his reply, but, as touched, the contradiction. In addition, it is clear from the old letters mentioned above that the sovereigns had and brought taxes and grants to the bishops of Naumburg and the monastery two hundred years ago, and no doubt longer.

But that Pflug pretends as if the articles, which the Electoral Saxon Councils held from the above-mentioned Augsburg Imperial Treaty, do not include Naumburg in their exception, is his own fiction. The fact that Pflug claims that the articles that the Electoral Saxon Councils held in their exception from the aforementioned Augsburg Imperial Treaty, anno decimo, do not exclude Naumburg with a single word: he is speaking his own fiction.

For with the actions of the Reich reported, it can be shown that the Elector and Princes of Saxony have removed the three monasteries mentioned many times in the Reich aid granted at that time, together with some of their counts and lords.

When, however, he thereafter further presumed to enforce the touched article and farewell argumento a contrario sensu for the bishopric of Naumburg, such is a public calumnia and a dangerous, dishonorable advance; for the first point of the touched farewell reads thus, as follows from word to word, namely:

We have thus granted ourselves, and hereby do so, that those who have served the estates before their age and not the realm, and who are not responsible for or related to the realm without means, or who have nothing from the realm, shall follow and be reserved for the estates to which they are entitled, so that each one may remain with his dignities, status and nature, as is his right, and as his forefathers and forefathers, even he, have brought this about.

86 Now the reported councils also hold that the point touched upon must be understood alternatively, ita, quod sufficiat unam partem esse veram; and namely, that those who have not served the realm, but the estates from time immemorial, shall follow the same estates and be reserved to hear, whether they have anything from the realm. 2c. For it is not contrary to law, as men know, for one to have a fief from a lord, and yet to another lord by custom or prescription.

140 Section 2: Election of the Bishop of Naumburg. No. 1259. w. xvn, i87-iso. 141

The court is not obligated to render the service thereof, or otherwise to render assistance; therefore, the above point must be understood as touched upon, and not otherwise.

87. Thus, Emperor Maximilian and the estates of the empire could not have been of the mind, nor could it be interpreted in such a way that someone's traditional or desired justice of service should be withdrawn, even though the servant had something from the empire; for this is why the point touched upon is decreed and set, as appears clearly at the end of the same, so that each one may remain with his dignities and being, as is due to him, his forefathers and forefathers, even he who brought this about; to which, however, Pflug's dangerous interpretation would be quite contrary.

The other alternative is that those who do not belong to the empire without means, or who do not have anything from the empire, should not be drawn into the empire's aid; this is in accordance with all rights and reason, and is undoubtedly decreed because the imperial fiscal authorities have at times been subject to prelates, counts, lords and others who do not belong to the empire without means. This is in accordance with all rights and reason, and it is undoubtedly ordered that the imperial tax authorities have at times subjected prelates, counts, lords, and others to legal proceedings in the imperial courts, if they do not belong to the empire without means, and if they do not have any fief from the empire, although they may have some privileges and pardons from Roman emperors and kings, but not on loan.

89 Therefore, where Pflug wanted here a contrario

sensu, he would have to argue as follows: Namely, those who did not serve the estates, but the empire, and who had something from the empire, and since the two parts are copuIative, they should remain with the empire with their help and services.

90. That also the true and rightful understanding of the point mentioned is that, as now indicated, and without need to act here per conjecturas and a contrario sensu, this further appears from the following point of the Augsburg Departure, which reads as follows, namely:

And after some of the estates had made an excerpt, by virtue of the article now indicated, of some bishops, counts, lords and prelates, here, in such a way that they should be responsible for them and not belong to the help of the empire, we have agreed with the said estates and they with us, that it should remain with the same excerpt until the next future imperial diet, and then one or more of them should bring forward any reasons why he or they should be or remain in the help of the empire. Any cause shall be brought forward why he or they should not be or remain in the jurisdiction of the empire, and after the hearing of the same by us common estates, how it shall henceforth be decided.

is to be held, explanation and purification happen.

We also want to stand still against the same, so moved out, with all action of the past and this present help and suggestions by unfern Fiscal at our imperial chamber court 2c.

For although the bishops of the two Electoral Houses of Saxony and Brandenburg (which by virtue of their hereditary dynasty stood and remained with one) had regalia from the empire, the bishops of the two Electoral Houses of Saxony and Brandenburg did not have them. For although the bishops of the two electoral houses, Saxony and Brandenburg (which, by virtue of their hereditary union, stood and remained with one), had regalia from the empire, the electors and princes of both houses, and as the article now touched upon reports, by virtue of the first point mentioned above, immediately made an exodus of their bishops, counts, lords and prelates, in such a way that they belonged to them and not to the help of the empire, 2c., The other articles mentioned above were also placed on it, and the Emperor Maximilian and the estates of the empire allowed the same excerpt; which would not have happened if the first point had and would have the meaning that Pflug claims.

92 And for this reason the Electoral Councils of Saxony are "most humbly" confident of Your Imperial Majesty. Maj. of the "most submissive" confidence that you will graciously protect, handle, and, as decreed by the Holy Roman Emperor and the Holy Roman Empire, protect the Elector and the House of Saxony. Reich's decrees, and, as was done by Your Imperial Majesty's forefathers, you will do so. Majesty's forefathers, to remain graciously and quietly in this and such of their traditional justice. For since four and thirty years have now passed, when the Electors and Princes made their departure, and at that time already knew how to report, as also undoubtedly happened afterwards, by virtue of the reported farewell, in such a way that Emperor Maximilian and the Estates were satisfied, that the three bishops were in their jurisdiction and did not belong to the Reich's assistance, so it is easy to understand from this that the same bishops have always belonged, and now since that time belong, to the said Elector and Princes of Saxony, and not to the Reich's assistance.

In addition, as mentioned above, the reported Elector and Princes of Saxony have continued, renewed, and repeated such a procession at all imperial congresses where imperial assistance has been provided, without any objection from the Holy Roman Empire or anyone else. The Holy Roman Empire or anyone else's objection.

94 Therefore, it cannot be true that Pflug writes in his reply as if Imperial Majesty and the imperial estates never remit the Naumburg monastery. Majesty and the imperial estates never remit the Naumburg monastery of the charges.

95 For it is clear from the much-reported Augsburg farewell that Emperor Maximilian

142 Cap. 16: Measures taken by the Catholics. W. xvn, 190-192. 143

and reported estates of the realm agree to stand still against the departed with all action by the Fiscal at the Court of Appeal.

96 However, the fact that more affected extractions by Your Imperial Majesty, Princes and Estates are finally confirmed without any appendix. Majesty, Princes, Princes and Estates finally confirmed straightforwardly and without any appendix, also forbidding the Fiscal not to proceed against those extracted by the Prince, Princes and Estates, the Electoral Councils of Saxony refer to this from Your Imperial Majesty and the said Estates' last Augsburg Treaty. The Electoral Councils of Saxony refer to the last Augsburg Agreement, made there in the year of the lesser number 30, in the article contained therein and following, namely:

After our Imperial Fiscal here, also Princes, Princes and Estates, has written to us at this Imperial Diet and indicated how, of the Turkish aid previously granted and divided into four parts, and also of the other proposals made, the maintenance of the Regiment and the Court of Appeal, all kinds of deficiencies on the part of the disobedient, have not yet been settled through his many requests and lawsuits; So that the disobedient have no advantage over the obedient in such matters, it is our order and opinion, as well as that of the Electors, Princes and Estates, that our Imperial Fiscal, also Pfennigmeister, is to be appointed to the office. The Fiscal, as well as the Pfennigmeister, shall use all diligence, and the Fiscal shall also proceed and proceed seriously against the disobedient (but excluding those who have been extracted by Princes and Princes in the Imperial enclosures), so that what is still unlaid and outstanding, also due in the future, is laid, paid, and then duly accounted for, as is their office 2c.

In this article, the treasurer is forbidden clearly and without any distinction that he should not proceed against those who have gone out from the princes and rulers into the empire; so that the above-mentioned decree at Augsburg, made anno decimo, is further confirmed and affirmed: how can Pflug say that the imperial majesty and the imperial estates never remit the monastery of Naumburg of the charges? How can Pflug say that the Imperial Majesty and the imperial estates never remit the Naumburg monastery of the proposals?

98 The Electoral Saxon Councillors consider it as if he had no objection to help the subjects of the monastery in two places. The electoral Saxon councils consider it as if Julius Pflug, if he were a bishop in that place, would have no objection to the subjects of the monastery being arrested in two places to help and to pay the annexes. Namely, the empire, so that in the case in question he could be considered a prince of the empire all the sooner; and on the other hand, the Elector and House of Saxony, which had provided such assistance from time immemorial, as well; for it would have to win the way. But whether such a thing would be a dispossession or oppression of the monastery and the poor people,

The subjects of the monastery will also know how to take into account the costs that will have to be borne by the monastery.

99. And to overcome ploughs publicly, that the bishops of Naumburg did their help with the lands, and not with the empire, as also still last of bishop Philipp of Freisingen and administrator to Naumburg, so next deceased, happened, that is publicly: The much-mentioned plow will not deny, nor will it be hidden from him, that the Bishop of Merseburg, not many years ago, then Duke Georgen of Saxony, with and among other his estates, likewise also the Bishop of Meissen, granted to Duke Georgen, with due justices, a stately Turkish aid and facility, the same also, in accordance with the other estates, established in the monasteries, brought in, buried, the same also lastly S. F. Gn. F. Gn. against Dresden.

There is no doubt that the bishops reported did not provide any special Turkish aid to the empire, but that Duke George, with his due support, provided and carried it.

Furthermore, Pflug will undoubtedly know that two years ago at Speier, the empire granted Turkish aid, in the form of which the aforementioned bishop of Meissen, the Elector of Weimar, and the Duke of Saxony, Moritz, at Leipzig, and their electoral and princely estates, placed Turkish installations on the monastery of Meissen and also brought them in. The same have been placed on the Meissen monastery and also brought in, and by virtue and content of the contract established two years ago by the Landgrave of Hesse, equal sums have been granted to both princely parts for their use. After that, the maintenance of the money was sent to each part for as many warriors on horseback and on foot as a bishop of Meissen had served the House of Saxony in ancient times; and that the same was done and has been done on behalf of the Naumburg monastery by the aforementioned Weimar decision.

102. Therefore, it is a great presumption on the part of Pflugen that he was allowed to demand a hundred florins from the monastery (as he confesses) to pay for the first deadline of the urgent Turkish aid granted at Regensburg, and so much more that he would gladly defend it, as if he had done well, over such clear imperial agreements, old conventions, and the Saxon public posse and guarantee, which is brighter than the sun during the day from so many actibus possessivis; He wanted to call spoliiren and turbiren, so forbidden in law, well and rightly done.

144Section 3: Election of the Bishop of Naumburg. No. 1259. W. xvii, 192-195. 145

The Electoral Councils of Saxony take pity on him, as one of the noble lineage of the House of Saxony, that he allows himself to be so hostilely incited against his fatherland and against his sovereign.

For even if he did not want to regard the Elector of Saxony so highly in this, as if he had to do such things with his elector's kindly beloved cousins, Duke Moritz of Saxony, under whom he was born. Even if he did not want to regard the Elector of Saxony as highly as if he had to do such things with his electoral cousin, Duke Moritz of Saxony, under whom he was born, he should nevertheless have considered and considered the blood relationship between their electoral cousins and their princely cousins. Gn. and her princely graces. and that they belong to one electoral and princely house. They declare that they belong to one churonic and princely house, and that each of their subjects is hereditarily bound to the other by hereditary homage, and how and in what manner their electoral and princely graces are bound to each other in fealty. They are also bound and obligated by the grandfatherly division, and in addition by the hereditary union of the houses of Brandenburg, Saxony and Hesse, and by the aforementioned treaty of two years ago, to kindly and faithfully advise and help each other in such and such things as in their own affairs.

105 Inasmuch as Duke Henry of Saxony, blessed, and the Elector, against the bishops of Meissen and Merseburg, when the latter wanted to submit to such a removal from the House of Saxony shortly after, and especially at the next Imperial Diet in Regensburg. The bishops of Meissen and Missenburg, when they were present at various times, and especially at the next Imperial Diet at Regensburg, wanted to be subjected to such removals from the House of Saxony, and stood for one man, representing such matters also as common matters of the House of Saxony, although they had at that time represented Duke Henry and His Royal Highness, the Bishop of Meissen and the Bishop of Missen, and the Bishop of Missen and the Bishop of Missen. Gn. Heirs, after the much-named Bishop Philipp 2c., coadjutor at Naumburg, had taken action against the Elector, inasmuch as his F. Gn. ancestors, bishops of Naumburg, have done, they have kept all due diligence.

Who would also doubt, if Pflug should open this door (for which the Almighty graciously, together with Your Imperial Majesty) that 1) then the future bishops of Meissen and Merseburg would again take this into consideration and go as they would like to go next. Maj.) should open it, that 1) then the future bishops of Meissen and Merseburg would also take this into consideration again, and strive for it, as they would have liked to do next.

The following is a list of the most important documents of the Holy Roman Catholic Church. Gn. He would be a beginner and causer of such harm and damage, not only to the churl and princes, but also to their subjects and Pflug's own friends and relatives.

1. "that then" put by us instead of: "then that".

108 For it is the benefit and welfare of the subjects of the House of Saxony that the three bishops' dynasties remain in the lands, with their feud and facilities, as well as other things, as has been the custom from time immemorial: these subjects understand this well; for this reason, they have repeatedly reminded the sovereigns, as they noted a time ago, how the bishops were dealing with this, and have asked them to be in favor of this, so that the same bishops would not withdraw from the lands. But it is even more surprising that some of the Plough's friends and relatives, who are related to the House of Saxony with allegiance and feuds, also feudal obligations and hereditary homage, and who still incite and induce him to do so, should also be pending in this, just as if, for the sake of their relationship, not much else should be due to the House of Saxony; or as if oppugnatio jurium patriae were a small thing, and had little or nothing at all on it.

The other main reason for Pflug's non-admission is this: For it follows from the actions and plans under his control, in addition to others, which shall be reported hereafter, that the Elector of Saxony, as sovereign, hereditary protector and patron of the Naumburg Monastery, may not trust him.

110 Because he not only dares to disturb and prevent His Electorate and the House of Saxony from the above-mentioned rights, but also to deprive them of them as noble and important glories and rights. and the House of Saxony in the above-mentioned rights, but also to deprive them of them, as excellent and important glories and rights, and to do so without any consistent reason: then His Electoral Grace must consider him their main and capital enemy. Gn. must regard him as their main and capital enemy. Ex spoliatione enim aut conatu spoliandi al- cujus rei, aut juris non vilis, oritur capitalis inimicitia. Dess drawn to the rights.

But since distrust is attached to such enmity and repugnance, and from it flows and follows by the presumption of reason and right: Nam eo ipso, quod quis est inimicus, ostenditur, quod ei non debet, vel non potest confidi, so therefore the Elector of Saxony is here irrefutable in the case of the rights of which he was informed in the beginning of this writing: namely, that he, as sovereign and patron, has a rightful interest to oppose Pflugen, if he were constantly mentioned, and to get involved against him, that he does not consider His Electoral Grace to be a bishop of Naumburg. Gn. would not suffer for a bishop of Naumburg, since he is suspicious of him. And because the teachers of the law herewith refer to the preceding words, i.e.: "You are the bishop of Naumburg.

146 Cap. 16. measures of the catholics. W. xvn. igs-M. 147

princeps terrae diffidit electo etc., so the electoral Saxon councils cannot avoid to conclude from touched enmity and repugnance above touched interest and the same causes, but especially Pflug's reduction.

112. And although the said councilors, most gracious Emperor and Lord, would have preferred to avoid the following matters before Your Imperial Majesty. Maj. of this place, would have preferred to avoid it; but since it is caused by the much-mentioned plow and its presumptuous replicas, that it cannot be avoided without harm to the Elector of Saxony, they most humbly request that Your Imperial Majesty will not be displeased by it, for it will also be evident to the eye that the plow has been used. Maj. will not be displeased, for it will be evident that the said Elector does not know how to trust plows. And say in the same way, for the sake of necessity alone, without disgrace to anyone, that the Electors of Saxony 2c. have been in fief for over a hundred years and more from Roman emperors and kings, the Burggrafthum of Magdeburg together with the Bann and Grafengeding of Halle (as the present Elector of Saxony has himself been graciously granted by Your Imperial Majesty). Maj. himself also graciously beleaguered with it, contents of the feudal letters), is superfluous to prove with the feudal letters. However, with what inequity and unreason the Cardinal and Archbishop of Mainz and Magdeburg dared some years ago to encroach upon the reported Elector of Saxony's Burggravial justice in Halle with the deed and unauthorized action, and to further encroach upon the said Burggravial justice, is also not secret.

113 And although the reported Elector could, with just cause and right, have used the means permitted for the avoidance of violent encroachments on rights, the said Cardinal has ultimately taken the course of offering himself against the Elector of Saxony equally and justly to the Electors and Princes of the hereditary union of the above-mentioned Houses, Saxony, Brandenburg and Hesse.

114 And because the Elector of Saxony has not shied away from such a right, but has agreed to accept it with the Cardinal, a compromise has been drawn up between the affected Electors and princes of the settlement between the two parties, after no amicable action has been taken, in such a way that the matter shall be finally settled within one year. Such a compromise is to be kept by both parties with princely fidelity, true words, and in lieu of an oath, and is not to be violated in any way.

The following provisions have been approved, signed, affirmed and accepted with the attached seals.

115. When both parties had completed their legal necessity, including proof and rebuttal, before the end of the year, and had concluded and decided on a pronouncement, and the Elector of Saxony had no other choice than that the matter would reach its final decision through the pronouncement of the aforementioned Commissars, in accordance with the touched and approved and highly trusted compromise, as well as the most illustrious, highborn Prince and Lord, Mr. Joachim, Margrave of Brandenburg, Elector, 2c., as one of the Compromissaries, by virtue of the Compromise, a day towards autumn has been appointed for this purpose, so a writing has been insinuated to the reported Elector, so in the name of Your Imperial Majesty, on the date at Tolet. Maj. on the date at Tolet in Hispania, to several affected Compromissaries, ordering them to stand still in affected compromised matters with a considerable penalty, and to send the matters with the acts to H.K.M..

116 And although the Elector of Saxony did not unreasonably raise a thought and suspicion, as if the mandate had to be carried out by some quick and dangerous practices, and if His Imperial Majesty had not found the trade as it was: nevertheless, His Electoral Majesty did not have the right to do so. Majesty's Majesty, the deal, as it stands, should not have occurred: yet His Electoral Grace has not allowed the Cardinal to engage in such practices. Gn. expressly may not order the Cardinal to such practices, especially because they are both committed to live according to the compromise and not to do anything against it, as mentioned above, until the House of Wolfenbüttel was conquered. There, letters, the Cardinal's own handwriting, together with some inserted writings, are found, which are in the hands of the aforementioned Elector, and are to be presented, from which it can be seen sufficiently, how the Cardinal had knowledge of the touched practices, and was also involved in the same, without regard to the more touched high trust. In this way, so much has been arranged and accomplished that the Elector of Saxony has prevented, interfered with, and physically turbinated the same in and on His Electorate. Gn. Magdeburg burgrave justice has now had to endure almost into the ninth or tenth year, and in addition the rights affected and the sentence are in short supply.

What also His Electoral Grace encounters for the suppression of his justice in the compromised justification for outrageous danger. Gn. further encounters for suppression of affected his justice in the compromised justification for outrageous endangerment of reported counterpart, that S. C. F. Gn. will, out of unavoidable necessity, on another occasion, inform your Imperial Majesty about.

148 Section 2: Election of the Bishop of Naumburg. No. 1259. W. xvn, M-200. 149

Your Majesty will also not be able to circumvent the display of this information.

Now, around the same time and when all this happened to the Elector of Saxony, Julius Pflug was the Cardinal's (as he almost confesses himself in his reply) Magdeburg councilor and undoubtedly still is. That S. C. F. G. should now leave him out of this suspicion, as if he should not have been involved in touched, improper and dangerous actions against S. C. F. Gn. and the House of Saxony and have been in the same councils: this cannot be done by S. C. F. G.. Your Imperial Majesty. Majesty and all men will not blame S. C. F. G. for this.

Thus, S. C. F.G. does not know otherwise, because Pflug had gone to the said Cardinal for service and to his council almost at the time when the aforementioned misunderstanding between the Cardinal and the Elector of Saxony 2c. arose for the sake of Burgrave justice. Since he has become a canon of Naumburg and a provost of Zeitz in the Elector's country and under the protection of the Elector, it would have been proper for him, in addition to other aforementioned causes, if he had wanted to discharge himself from suspicion and had hopes of becoming a bishop in this place in time, that he had renounced and expressed such council relationship, service and attachment.

120 Because he then also abstains to this day around and at, also under the Cardinal mentioned, and in this trade without doubt, as is also sufficiently noted, uses his and his council against the Elector of Saxony for everything that touches his unpleasant authority:

For this reason, and for these reasons, the Elector of Saxony cannot trust him in any way, and is therefore not obliged to admit him to the lands and protection of S. C. F. G. for a bishop, as one who is pending, advised, served, and cum tanto celsitudinis suae adversario (citra tamen injuriam) conversiret today against S. C. F. G. in an excellent, important matter, their capital opponents.

122 And even though Pflug seems to denigrate and make unimportant this, the Elector's, complaint, that the error with the Cardinal and S.C.F.G. should not be feudable 2c., it is nevertheless so important without contradiction that it concerns the Elector's status, sovereignty and honor, namely title, coat of arms, dominion and glory of the Burggrafthum of Magdeburg, as a regal, your Imperial Majesty's and Holy Roman Empire's fiefdom. Majesty and of the Holy Empire.

123. that also this thing is not for disdainful

may be respected, that is enough to be understood from some of the actions taken and proposals made for the amicable performance of the same.

Moreover, although H. C. F. G. has pushed and led the Cardinal into the suggested sworn compromise, he has nevertheless blocked such sworn right of H. C. F. G. by his and his followers' dangerous practices, and the Elector of Saxony now has to stand in want of the same compromised and sworn right for many years because of it.

For this reason, and from many other circumstances, it is easy to see what a highly troublesome repugnance and inimicitia between the two parties has arisen and grown out of it, even though, through no fault of the Elector of Saxony's, that Plough may not regard and interpret these things, errors and controversies with such disdain as he would like to do, with which he also gives reason to understand his attachment to the Cardinal all the more, and to distrust the Elector.

For it is not a question of whether an archbishop of Magdeburg is metropolitan of the Naumburg chapter, as Pflug includes: for the Elector of Saxony would not have anything to do with the Cardinal because of this; this also does not affect S. C. F. G., but rather the Burgrave Magdeburg matter in which S. C. F. G. has made such excellent and dangerous complaints.G: but the Burgrave Magdeburg matter, in which S. C. F. G. has encountered such excellent and dangerous complaints and the stuffing of the compromised right, so that the Elector of Saxony finally cannot nor may not avoid touching complaints of Your Imperial Majesty on other convenient occasions. Maj. to other convenient opportunities, to all necessity, and differently in specie most humbly to advance, and to obtain Your Imperial Majesty's due understanding. Maj.'s due understanding, so that S. C. F. G. may quietly have, possess and use their Burgrave's rights, without further hindrance, turbation, intervention and entries of the Cardinal.

However, the Elector of Saxony has these further reasons for his mistrust of Plough: For one thing S. C. F. Gn. has no small suspicion, namely how the present Bishop of Meissen and the next deceased one of Merseburg, after expulsion of their letters found at Wolfenbüttel, have engaged with Duke Henry of Brunswick, the Elector's and S. C. F. G.'s defender relatives, in troublesome practices against the House of Saxony, that Pflug has prepared himself for the reported one of Brunswick and has also hanged himself in the same way.

128. and to this suspicion and distrust be-

150 Cap. 16: Measures taken by the Catholics. W. xvn, 200-203. 151

S. C. F. G. is not a little disappointed that the aforementioned of Brunswick, whether he should have enough to do with his practiced misdeeds and the same responsibility, interwove the Naumburg monastery and He Julius Pflugen against his supposed opposition, also with the disparagement and suggestion, which must certainly have been formed by Pflugen in the of Brunswick.

129. On the other hand, he cannot be innocent of the troublesome action which the aforementioned two bishops of Meissen and Merseburg undertook with Duke Henry of Brunswick to the detriment of the House of Saxony, since he was already a canon in both monastery churches of Meissen and Merseburg at the time, Such important and highly questionable matters, from which the House of Saxony hates to be thoroughly ruined, will not have been dealt with without the consent and advice of the capitulars and especially of the most distinguished, such as Plough and the like.

130. How then reported Plough of the Bishop of Meissen was some counsel among all canons of Meissen, when the Elector and Duke Henry of Saxony himself talked and acted with him at Meissen about a Christian Reformation and about the imperial session granted at Worms on the Imperial Diet; but no doubt sat down on reported Plough, as his counsel, against reported sovereigns.

131 As the aforementioned bishop was recently able and able to give his letter and seal to the aforementioned two Electors and Princes of Saxony, not to accept the imperial state or session from now on, Plough has found so much advice in Mainz that the aforementioned bishop would like to take their electoral and princely authorities over and against his reported prescription to the Court of Appeal and work out where such his practices would have wanted to proceed.

132. And although Bishop Philip of Freisingen and Administrator of Naumburg, Count Palatine by birth, have never given or wanted to give themselves into any foreign alliances on account of the many named monasteries, the Elector of Saxony would certainly not give himself to any other, But the Elector of Saxony would certainly not have to provide himself with anything else, except for the causes mentioned of all repugnance, dangerous incitement, attacks, practices, unwillingness, and in sum of all the things to plow, which is why the rights allow the sovereign, even patrons, the often-touched opposition pro suo in teresse.

133 And that he is liable to special, dangerous practices and conspiracies in this regard is well and easily to be assumed from the fact that he is

boasts how the nobility of Naumburg Abbey should already be attached to him, which will also remain in his kinship. For, if this is so, as the Elector must grant him such of his boast, then it cannot ever have been brought about and effected in any other way than by a special practice, since otherwise, without a doubt, no honorary lover, who is obligated to the monastery or also to the House of Saxony, would have made himself related to him, because the Elector of Saxony, as the country's hereditary protector and patron, has not consented to Pflug's person for such excellent and legitimate reasons, and he has not yet come into the monastery's posse. In addition, the greater part of Bishop Niclasen von Amsdorff, as a Christian bishop, has made himself related.

The Elector of Saxony will also have to consider them as if they, like Julius Pflug, were planning to deprive the House of Saxony of its rights, glories, and prerogatives, which it had brought to the three bishoprics from time immemorial, and to help Pflug to protect them.

But without a doubt, S. C. F. G. will not fail, by means of divine help, which, because they have always been able to suffer due justice in this matter, will also nowadays rightly request, as will be noted hereafter, to be remembered in an equitable manner, so that S. C. F. G. and the House of Saxony may remain undistracted by conspiratorial relatives (who they are) of much reported justice, and Bishop Niclas, together with the pious and obedient of the chapter, may be protected against them for necessity, since they will be subject to what further, Some of them, who recently wrote a disgraceful song about the said bishop, also about the Elector and some of his subjects of nobility and servants, and who for some time have been driving others to be unrighteous, will not remain unpunished.

In former times, some of the princes of Saxony also carried out such conspiracies; but the desolate castles and courtyards in some places still show how they succeeded. Duke Moritz of Saxony will undoubtedly not allow those who are related to H.F.H. their mischief, nor will he allow the House of Saxony to be deprived of its hereditary rights in such a way.

But the fact that there is talk of conspiracy here is due to the Elector of Saxony, among other things, for this reason: for as His Elector's Grace has done to curb one of them, he has taken over his house last winter. Gn., in order to curb one's wanton defiance, took his house last winter.

152 Section 2: Election of the Bishop of Naumburg. No. 1259. W. LVII, 20S-20S. 153

A clear concept or copy of such a covenant has been found there and sent to His Electoral Grace. Grace.

This is to be understood sufficiently from the above-mentioned poetic song of shame; furthermore, that one of them tendered the entire fiefdom to the Elector of Saxony for the sake of this matter, 1) and if this were to be considered faithful, then it would be proper, and also necessity would require, to make application and to have him thus obligated, so that he would have to be content with equality and justice.

139 One of them, who undoubtedly must be related to these things, is said to have spoken about this, because the Elector of Saxony was at this Imperial Diet in Speier: he does not want to lay his head gently, unless he is Julius Pflug, Bishop of Naumburg 2c. Now it could well happen to him, if he thought to look after his unlawful sacrilege.

140 Thus, the conspirators in question are not satisfied with their own criminal mischief, but wanted to drag other pious, honor-loving and obedient nobles, some of whom were related to the Elector with allegiance, feud and other duties, as well as special services, into such mischief and disobedience, and to reprimand them, also to deem them to have acted unladylike, that they executed the order of his Elector's grace against some of the same conspirators, as they had owed according to their duties and services, in order to dampen their will of courage. As this was found and found to be the case from the disgraceful poem touched upon, as if they should have been obliged to defend themselves against it beforehand, when they had nothing to do with them on account of their person, but solely on account of and out of owed obedience to their authorities and sovereigns.

It will also be strange if the authorities or their servants and commanders should protect themselves from punishment against those who act and want to act unlawfully and unpeacefully, or if the authorities want to punish the wrongdoers. For they would achieve little; and if special custody were to be exercised by the servants in the case, the authority's order would be more hindered than promoted by them, to the benefit of the offenders. Thus it is also sufficient in all feudal actions that the leader of the feud, as the principal, keep himself safe; and it is unnecessary that the servants or assistants also take special care of this.

1. That is: canceled.

In such cases, it is much less necessary, since no announcement or custody is required on the part of the authorities themselves; for, as everyone knows, unjust dealings and the authorities' punishments or cheap coercion to keep the peace are far apart from each other.

142. If, however, it were the way that God would want the aforementioned servants of the Elector to act for themselves, and not by order of their authorities, with them or others, for which they would unwillingly give cause, then the slanderers should have no doubt, The slanderers should have no doubt that they would know how to keep themselves with honest and due custody, so that they would act more honestly and nobly in this, and also want to show themselves, rather than that they should rebel against the authorities and their own with practices or shameful and criminal poems that are forbidden in all rights.

143 And because God Himself watches over and keeps His commandments and orders, and in the fourth commandment He very earnestly decrees that the ruler shall not be spoken evil of among the people, nor shall he be blasphemed: the Electoral Saxon Councilors are in no doubt that He, as a strict God and the handler of His commandments, will grant mercy so that the same blasphemers will not escape the due punishment nor proceed for a long time.

From these stories, Your Imperial and Royal Majesties, as well as Electors, Princes and Estates will not only notice that the Elector has good and just cause. He Julius Pflugen, if he should be a bishop of Naumburg, should not be trusted in their and their country's affairs, but should also have to worry about things, of which notice is given soon in the beginning and briefly beforehand in this document, according to the law.

145 And in particular, His Electoral Grace would have little comfort or good counsel in her and her country. Grace would have to provide little comfort or good counsel in their and their country's excellent matters, if he were to be required to attend His Electoral Grace's land congresses. The court will also be pleased to hear from the court that the plow has been plowed.

And although Pflug would like to remember that if the Elector of Saxony did not trust him, nor required him to attend his Diet, nor needed his advice, he would have little interest in it, but the Elector is very much interested in knowing and having a trustworthy bishop at Naumburg, and not to be deprived of touched, well-founded justice for Pflug's sake 2).

2. Here we have deleted a superfluous "itself".

154 Cap. 16: Measures of the Catholics. W. xvii, 205-208. 155

In addition, if he were to become a bishop in a touched place, he should certainly refrain from giving the Elector such an answer to his descriptions of touched actions as if he had nothing to do with his Electoral Grace and its lands, like a prince of the realm, and they were also none of his business; which would be burdensome for the Elector and also completely detrimental to the House of Saxony and not to be suffered.

The third main cause is this, why Pflug is not at all sorry, nor capable, to be bishop of a multimembered place, namely that he is publicly and knowingly repugnant to the true Christian religion and pure doctrine of the holy gospel of our Lord and Savior, by virtue of the Augsburg Confession, which pure doctrine is now, praise God! has been taught and preached in all lands of the House of Saxony, as well as in all three bishoprics that have been touched by it, and has been generally known by superiors and subjects; the holy sacraments have also been administered and distributed in accordance with the same doctrine, according to divine institution and in the right Christian spirit, and Christian ceremonies have been held, in contrast to the previous abuses. If he should also be bishop of Naumburg, then one thing would have to happen and take place irrefutably, either that he would subject himself to contest the aforementioned pure doctrine, and oppose it, also against the preachers of God's Word and all confessors of the same and of the holy pure Gospel, He would not exercise the episcopal office at all, but would go idle and take the benefits and income of the episcopate with sins and an evil conscience.

149. For the fact that he, Julius Pflug, of the Augsburg Confession and of the pure doctrine reported, is also completely opposed to the use of the reverend Sacrament according to divine institution, he will not deny this himself, and it is also easily indicated by many of his actions; Because of this, he would cause nothing but trouble, scandal, vexation, and repugnance in the churches and among the people in the monastery of Naumburg and its district, and would be a vain bishop, also harmful to the conscience and infallible, and his office would be directed only to disturbance and not to Christian edification or improvement, contrary to the admonition of the holy apostle St. Paul. Pauli: v.

150 The Elector of Saxony cannot protect him in this with God and conscience; he shall

If, however, his C. F. G. were to defend the subjects against him, as could not remain, there would be neither trust nor unity, and all kinds of troublesome disruption would occur.

151 And although he states that the House of Saxony should be obligated and bound not to protect the monastery's subjects against a bishop, which prescription the Elector of Saxony will gladly want to see, it is nevertheless known and cannot be denied that it is a different custom in use, especially since the subjects offered themselves equally and rightfully against the bishops to the sovereigns.

Which patron could also commit himself with his letters to protect the patron's relative in unjust matters, or in unjust, even ungodly undertakings? and that the custom is much different than Pflug states would be easily indicated with many past stories. But when Pflug tells the Elector of Saxony how his C. F. G. of the chapter should have urged to grant the Christian bishop, Ern Nicolausen von Amsdorf, licentiate of the Holy Scriptures, for a bishop, he expresses his displeasure with this, as with everything he claims; For the reported estates of the chapter will undoubtedly not say otherwise than that they have unanimously resolved and agreed to have a Christian and such a bishop, and also to be related to him, so that it would not be contrary to the above-mentioned pure and true doctrine of the Gospel, also accepted by them. How can plows be believed, as if the subjects of the foundation should be inclined to him, and may well suffer him for a bishop? because the nobility of the foundation, together with the cities, towns and villages, confess the pure doctrine of the holy gospel, and have accepted the same, also receive and enjoy the reverend sacrament according to the Lord's institution in a Christian manner. It cannot be believed that any of the subjects of the convent would like to have one for a bishop, to whom he would have to provide nothing but persecution and repugnance for the sake of the souls' food and salvation; no doubt no one would like to cause him trouble, which he could well have left and contract. Thus the work proved to be right when Plough, for his supposed episcopal entrance, by unfounded report, filed several mandates with your Imperial Majesty against the monastery. Majesty against the cities of Naumburg and Zeitz.

153 However, it may well be that some, and certainly only a few in the monastery, do not care much about what they think of religion.

156 Section 2: Election of the Bishop of Naumburg. No. 1259. W. x vn, 208-210. 157

Unfortunately, Sadducees and Epicureans can be found everywhere, who do not believe in the resurrection of the dead with all their hearts, therefore they also care about religion and do not want to dare to take a pane out of the stained glass window for it; as one (whom one has known well) mockingly spoke at the time, and yet on the same day had to die a sudden death in his sins and blasphemies. But the same inclination, so they may carry to plow, must not displace the pious and good-hearted. 1) Because plowing would only cause scandal and trouble with and among the Christian people, he should consider the chapter: Nisi cum pridem etc. and be more inclined to leave the bishopric of Naumburg, since he already has possession of it, than to strive for it, even if malitia populi were to blame, since he is not able to interpret it to the people on the basis of Holy Scripture and truth. For this reason, it needs no further explanation that ambition alone urges him to such a trade, and not Christian zeal at all, as he boasts. For he is clearly convinced of this by the rights shown above. The heartfelt, earnest admonition of St. Paul also goes to him. St. Paul's heartfelt and earnest admonition to the bishop of Mileto to "look to himself and to the whole flock, among whom the Holy Spirit has placed them as bishops, to feed the congregation of God, which he has purchased by his own blood" 2c., is not much to his heart, for otherwise he would undoubtedly not presume to enter such a high office in any way.

154 And although the much-reputed He Julius Pflug furthermore sews into his replica many a discredit of the Elector and the House of Saxony due justices at the Naumburg Monastery, which he is thus never able to make true, moreover that his own native friends are aware of such otherwise: the Electoral Saxon Councils nevertheless want to refute this as notorie unobjectionable this time with common non-confession. Saxon councillors want to refute the same, as notoriously unconfident, this time with common non-confession, to answer him also in the same way to his rash, pointed, peevish, petty and disgraceful attacks of the Elector of Saxony, to Your Imperial Majesty's subservience. Majesty's submission, but nevertheless have taken the same iniquities into consideration by reason of and by order of the thought of the Elector of Saxony, and have revoked them ad animum, in the hope that he should enjoy the same pointedness the less in this, but by your Imperial Majesty so much more. Majesty so

1. "push away" put by us instead of: push forward.

much more from the fact that it is not to be tolerated nor to be suffered by the Elector of Saxony for a bishop there, even if the Christian bishop, Mr. Nicolaus von Amsdorf, would not be a bishop.

155. And even though he seems to excuse his clumsy actions with his duty to the church, as if they urged him to do so: No duty, neither to divine nor to secular rights, may mean or bind him to act and do wrong against the Church of God, or to destroy and suppress the right, true worship, to which his mind is directed, nor against the fatherland and its sovereign, and such a duty would also have to be considered more as a duty, tanquam contra mandatum Dei et bonos mores, than pro juramento. To this end, divine rights and all other rights that have been touched must be acted upon as he and everyone else in the same way would like to have done, and the princes of the country must be held in honor no less than the parents.

Now Pflug would like to become bishop of Naumburg, based on a supposed, invalid electoral right, but the Elector prevented him from doing so by force. And he does not want to seek his thievishly prominent spoliation of the House of Saxony's rights and possessions, nor does he want to do what he wants to do, because the Elector does not owe him the right to do so. 2) He should, since he is the same as the Elector, be allowed to become bishop of Naumburg. He should, since there would have been no other deficiency on his part, have decided to come to the bishopric of Naumburg with the prince's benevolent will: he has just submitted to the contradiction, and does it today with all diligence, namely that he presumes to be a bishop of a touched place, and to become one, whether it pleases the prince of the protection of the peasants and the patron or not. And, as is to be expected, he does it because he would like to promote the house of Saxony's harm and damage by laying down its traditional righteousnesses, as much as he can, with the greatest diligence. And that Pflug did not strive for any good, but only for unrest, and to the Elector of Saxony's particular annoyance and displeasure, after the Naumburg monastery, that can be clearly seen from this, among other things: for he himself must confess that he did not want his Electorate to be harmed.

2. "To strive" here will probably be as much as "to look at". The meaning of this sentence, which is difficult to understand, would then be: Plow does not want to contemplate his violence against the House of Saxony, nor does he want to act as he would like to be acted upon.

158Cap . 16. measures of the catholics. W. xvn, 210-212. 159

The bishop did not ask for the least bit of writing, nor did he ask to have him in his gracious command, with a possible milder relinquishment, as he might have meant to do, even if the election of a new bishop would not have taken the form mentioned above, as it did, praise God.

157 That the aforementioned Bishop Nicolaus, a righteous Christian teacher, has been appointed bishop of Maumburg, the chapter may not blame anyone but himself. Because he thinks Julius Pflug does not admit that the Elector of Saxony had graciously reminded the Chapter two or one and a half years before, because Bishop Philip was often fatally ill and said that they should not proceed to any election in case of his fatal departure without his knowledge, which they also wanted to do against his electoral envoys. The same skilful persons will know how to tell and confess this to him in private, so that their entire reports, which they made to the Elector on their return, can be presented for this reason. If the chapter had acted in this matter as it was obliged to do according to custom and the promise mentioned, it might have been possible to find a measure for things that would have been conducive to Christianity and to peace and good everywhere. This, however, did not please them, but doubtless for no other reason than for the sake of a Christian reformation; for what they have done in this place up to this time is unlawful; and since it continues, it should not remain to be reported, with God's help, for the sake of necessity.

158. He Julius Pflug also wants to say about this that he does not admit that the House of Saxony has much touched rights with and at the bishops and bishopric of Naumburg, therefore it may also not be imposed on him that he does or acts against it; However, if the truth against him is clear from previous reports, it would have been proper for him to think about it before he sought and asked for help and advice for his own benefit, so that in such a case, where one party does not confess his objection to the other, and per negationem et objectam exceptionem the matters become doubtful in jure et in facto, proper channels can be used. For this is why the court and the law have been decreed and suspended; for this reason it is not due to him, contrary to such legal order, to take action in respect of unlawful matters.

and quick search unrecognized, also unimplemented, unliquidated right to do, and to start the things executive.

159 And although it is stated above where the justification of these matters, for lack of other rights, and also invasive prejudices due to religion, should now belong: the Elector of Saxony may nevertheless suffer in subservience to this that His Imperial Majesty may order impartial and unsuspicious commissars for the legal execution and discussion of these matters. Majesty to appoint and deputize impartial and unsuspicious commissioners for the legal execution and discussion of these matters, but reserving all their need for justice to His Holiness. If Plough knows how to obtain much in the law in this respect, he shall enjoy it.

And finally, since the things are so and much different in the basis of truth, as Julius Pflug in his presumptuous lamentation and replica writing the same before royal majesty also Ew. kaiserl. Majest. Commissars, and Your Lordly Grace, also graces and favors, and the Elector of Saxony can therefore duly tolerate and suffer justice, as indicated before: so Sr. churfürstl. Gn. Councillors to Your Imperial Majesty. Majesty in the most submissive and comforting confidence and hope that they, together with the Royal Majesty, also Ew. F., also F. G., and in their favor, will not be moved by much-murmured plowing or anyone else to grant the above-mentioned unformal and unlawful request of his, first of all, without any previous legal execution and knowledge, but will graciously handle the Elector and the House of Saxony with the more-mentioned and in the whole realm announced and conscious glories, rights, preeminences and prerogatives, also with all of their place and possessions; H. C. F. G., also and the House of Saxony, with the help of the Holy Roman Emperor and the Holy Roman Emperor, with the help of the Holy Roman Emperor, with the help of the Holy Roman Emperor, with the help of the Holy Roman Emperor, with the help of the Holy Roman Emperor. F. G. and the House of Saxony in this respect no less graciously than other Electoral and Princely Houses. They will be allowed to use their bishops' and similar powers quietly. This will also undoubtedly be done by the Elector of Saxony for the sake of Your Imperial Majesty. Majesty in all submissiveness will always be willing and ready to do so.

Your Imperial and Royal Majesty of the Roman Empire, also

C. F., F. G., Gn. and Gunsten subservient and willing

Electorate of Saxony. Councillors.

160 Section 2: Election of the Bishop of Naumburg. No. 1260 f. W. xvn. 213-215. 161

1260: Emperor Carl V's mandate to the Elector of Saxony concerning Bishop Julius of Naumburg. June 10, 1544.

From Lünig's Imperial Archives, xart. sx-se. eout. II, P. 282.

Emperor Carl the Fifth's order to Elector John Frederick of Saxony,

1. That he send in his need in the ploughing matter furthermore most conducive,
2. Do not do anything new or violent,
3. Balten von Lichtenhain to deliver his property again, and
4. Joachim von Etzdorf should be left alone. Given at Speier, the tenth of June, Anno 1544.

We Carl the Fifth, by the Grace of God, Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicilies, Jerusalem, Hungary, Dalmatia, Croatia 2c. King, Archduke of Austria, Duke of Burgundy 2c., Count of Habsburg, Flanders and Tyrol 2c., offer to the Highborn Hans Friedrichen, Duke of Saxony, Landgrave of Thuringia, Margrave of Meissen, Archmarshall of the Holy Roman Empire, our dear Oheim and Churfürsten, our grace and all good.

2. highborn dear grandfather and prince! When, at this present Diet of ours at Speier, we had the venerable Philip, bishop of Speier, our prince and beloved devotee, as our commissioner appointed for this purpose, act with your beloved, that the same shall deliver to the venerable Julius, bishop of Naumburg, our prince and beloved devotee, the possession and use of the bishopric of Naumburg, whereupon your beloved has finally and especially indicated to our Commissario in the last writings that your beloved wants to give us a further report of your intentions and conduct towards the said bishopric; and before this happens, your loved one has left here, and thus the matters and actions remain pending. For this reason, the aforementioned Bishop of Naumburg has humbly requested and asked us to graciously help him to a favorable resolution of the matter and his just justice, which we are then inclined to do.
3. and therefore command your loved ones, with avoidance of our and the empire's severe disgrace and punishment, by Roman imperial power. Power with this letter, and wish that your loved ones may punish your presumed justice, so you have done to the named

Bishopric, between the date of this letter and the next Imperial Diet, which we will hold in the Holy Empire, you will immediately send us the documents, so that we may know how to take further action and what is due to us; You also abstain from any further action and decision until further notice, do not undertake or interfere with anything in the meantime, nor do you undertake any innovation or mighty action against the said chapter, clergy, nobility and subjects, neither with the obligation to swear an oath, nor otherwise in spiritual or worldly matters, but remain completely silent, and do not allow Niclasen Amsdorf, presumed bishop, to do so. In addition, you will immediately return to Valten von Lichtenhain his property, which you took from him because he did not want to pay homage to the bishop; likewise, you will let Joachim von Etzdorf, whom you also entangled, go. And your beloved shall prove and keep herself obediently in this, and according to our and the kingdom's order, and especially according to the recent Regensburg agreement, as we then provide ourselves completely to your beloved according to fairness. And your loved ones do hereby our serious opinion. This is given in our and the kingdom's city of Speier, the tenth day of June, Anno in the fourth and fortieth, and of our kingdom in the ninth and twentieth.

1261 Emperor Carl V's serious penal mandate to the Elector John Frederick of Saxony not to hinder the bishop Julius Pflug in the foundation, and to abolish Nicolaus von Amsdorf. Given in Brussels, October 15, 1545.

In Hortleder, "Von den Ursachen hes deutschen Kriegs," lid. V, 6NP. 21, p. 1204 and in Lünigs Reichs-Archiv, purt. 8p66. eont. I., No. 606.

We, Carl the Fifth, by the Grace of God 2c, offer our grace and all the best to the Highborn John Frederick, Duke of Saxony, Landgrave in Thuringia and Margrave of Meissen, Archmarshall of the Holy Roman Empire, our dear grandfather and Elector.

Highborn, dear grandfather and prince! Now that a good while has passed between the venerable Julius, bishop of Naumburg, our prince and dear devotee, on the one hand, and your loved ones on the other, there has been a great deal of quarreling and confusion on account of the Naumburg monastery, of-

162 Cap. 16: Measures taken by the Catholics. W. xvn, 213-218. 163

The same ecclesiastical and secular administration and management, so that our prince, the bishop of Naumburg, first complained to the princes, princes and estates of the Holy Roman Empire against your beloved. He has complained against your beloved and denounced it: Although he is legitimately elected bishop by the ordinary unanimous election of a chapter of Naumburg, to whom the free election of a bishop has always been granted by law and ancient tradition, and still is: Let your beloved be induced to do so, and challenge such election under pretense, as if the cathedral chapter had made the same without your beloved's, as the patron's, foreknowledge, and thus acted unjustly, and forbid to let him, then elected, come to the possession of the intended monastery, according to the nature and custom of the protection (in which your loved ones, according to their ancestors' prescription, should have held), it would have been much more due to handle and defend the chapter in its free election, and him, the bishop, in his justices, as we also graciously requested your loved ones by writings before, to let him, the bishop, in so far as he would consent to the election that had taken place, to let him remain unaffected, according to the contents of our letter, which your loved ones, however, did not comply with, but, unnoticed, subjected themselves even further, and took the castle of Zeitz, to deprive the chapter of the administration of the monastery and to have it appointed by theirs, also to report about his devotion and friendship and to ask humbly, likewise of several electors and princes (on whom, as the hereditary princes, your beloved offered themselves at that time for their or protesting estates), they did not want to admit his devotion to the presidency and administration of the monastery, but invaded another, called Nicolaus von Amsdorf, instead of a bishop: all under the pretext of the above-mentioned election, which took place without the knowledge of your beloved, and that the said our prince of Naumburg should be unpleasant to your love in the monastery of Naumburg; as then all this is understood with further execution in speeches and writings, which have reached common estates from the said bishop and your love from time to time, along with other causes mentioned.

3. the electoral councils, princes and estates of the Holy Roman Empire and the absent embassies. The matter was finally referred to us, with the attached request that we take care of such a captious and dangerous entry and provision:

so that the bishop in question may quietly come to the possession and administration of the Naumburg monastery without further hindrance, and may be left there; all contents of the letter, for which reason common imperial estates have sent us.

4 Because from these and other subsequent writings and actions, which have come from both of you to the common estates of the empire, and then subsequently before our imperial commissars, we have the opportunity to act in this matter. After due consideration of the same writings, as well as the occasion and circumstances of the entire action, we find that the said Julius, by virtue of the rights described, as well as concordats and ancient custom and common usage of the Empire of the German Nation, and confirmed by the ordinary ecclesiastical order, and also that his predecessor bishops at Naumburg were held and considered by our ancestors, Roman emperors and kings, to be princes of the empire, and also that they and the convent held the regalia and temporalities, and in particular the ban on the blood, from the holy realm; as then Sr. Andacht's closest ancestor, then Bishop Philip, was granted by us and the Holy Roman Empire with confirmation and enfeoffment. He was provided by us and the Holy Roman Empire with confirmation and enfeoffment of such regalia and blood ban as a prince; and therefore neither your love, nor the said Amsdorf, nor anyone else, has previously unsolicited us, and without our permission, approval and enfeoffment, to judge such regalia and secularity and ban over the blood, to arrogate to himself his own authority, or to intrude into the administration of the monastery, and still less, without some request for a notified grant of such regalia and secularity, to remain in it so long, and thereby to deprive us of our and the realm's sovereignty and authority, or to interfere in such a way, by no means, but rather it will be due to us to maintain such and the realm's sovereignty and authority:

(5) Thus we have graciously granted to our prince, the elected and confirmed bishops of Naumburg, the above-mentioned regalia, temporalities and banishment, upon humble petition, inasmuch as his ancestors received them from our ancestors and from the Holy Roman Empire. The bishops of Naumburg graciously granted the above-mentioned regalia for the above-mentioned reasons; they also confirmed and confirmed to S. Devotion, the same cathedral chapter and foundation, all and each of their graces, privileges, liberties and rights, with the content of our letters issued by the emperor, and for this reason they granted us the following

164 Section 2: Election of the Bishop of Naumburg, No. 1261 f. W. xvn, 218-220. 165

We hereby declare that, irrespective of your aforementioned causes, we are not obliged to tolerate and permit the handling of the cathedral chapter and the monastery of Naumburg by such our enfeoffment and confirmation, and their liberties and rights, and to deprive them of their unfulfilled rights by deed, or to allow the monastery of Naumburg to fall into apostasy or disruption for lack of half spiritual and secular proper government and administration, or to deprive us and the Holy Roman Empire of the same.

6 Accordingly, we request your beloved, from the Roman Imperial Majesty, the Holy Roman Emperor. Majesty, to avoid our and the empire's severe disgrace and punishment, as well as forfeiture of all protection and umbrella justice which your loved ones may have on the said foundation, and to pay us half in our and the empire's chamber, and the other half part to the above-mentioned bishop Julius, his cathedral chapter and foundation of Naumburg, without interruption. And want that your love of the same nobility against the aforementioned bishop Julius and his chapter and foundation of Naumburg completely desist, your love's commandment and prohibition again repeal and refrain from the aforementioned Amsdorf, also other forbidden administrators from the foundation of Naumburg, in which your beloved shall have placed them, as aforesaid, abolish them again, and remember our prince, bishop Julien, or the same commander, in virtue of the above-mentioned our enfeoffment and confirmation, of his and his monastery's regalities and justices, within fourteen days, the next after the transfer and proclamation of this mandate, to complete possession, also government in ecclesiastical and secular matters, and administration of the affected monastery, its land and people, castle and estates, also all pensions, interest, fees and income, and at the same time, the cathedral chapter and the monastery shall remain at peace with their rights, let them enjoy and use everything, and shall not hinder or hinder them in any way, especially in all of this; also to let the subjects of the monastery count themselves free again of their duty, which they may have done against them, and not to strengthen them to disobedience or disobedience against the said bishop Julius and the monastery of Naumburg, neither by themselves nor by anyone else; but to refrain completely from this and all other deeds and actions, and not to be disobedient in all of this, nor to do otherwise, or to cause anyone else to do so.

We do not command or permit you to do so in any way. For your sake, we want to do this completely in accordance with fairness and justice, and it is our complete and serious opinion.

For if your love would disobey this, we would be caused to proceed and act upon further request against your love for penance and punishment, and otherwise as is due to us as Roman Emperor. Your love will be guided by this. Given in our city of Brussels in Brabant, on the fifteenth day of the month of Octobris, Anno five and forty, of our Empire in the fifth and twentieth, and of our realms in the thirtieth.

1262: The Elector John Frederick of Saxony's letter to His Imperial Majesty. Majesty, on her Majesty's serious penalty mandate, dated Brussels, October 15, 1545, concerning Julius Pflug, sent to the Imperial Diet in Regensburg, April 16, 1546.

In Hortleder 1. c., tow. I, lib. V, oap. 23, S. 1208.

1 Most Sublime, Most Great Emperor! Your Imperial Majesty. Majesty my most subservient and willing services. Most gracious lord, I have no doubt that Your Imperial Majesty will most graciously remember. Majesty will graciously remember that shortly before your Imperial Majesty's departure from the next Imperial Diet at Worms, my councilor and servant, M. Franciscus Burkhard, had humbly informed your Imperial Majesty of the fact. Majesty that they would not let themselves be moved by Er Julium Pflug to enfeoff the secularity of Naumburg Abbey to the detriment of our justices, but to give the matters peace and order until the present Diet of Your Imperial Majesty at Regensburg. Majesty's Diet at Regensburg, and there to further hear our need in these matters. Thereupon Your Imperial Majesty has graciously discontinued the enfeoffment there at Worms.

2 However, as I had ordered some of mine to your Imperial Majesty's farewell there in Worms, they informed me that the said plow was to go to the colloquium in Regensburg. Majesty there at Worms, they have informed me that the aforementioned Pflug was appointed to the aforementioned colloquium as a co-president, and under the title of a bishop of Naumburg and prince of the empire by your Imperial Majesty. Majesty; and although it has been distressing and burdensome for them to appear thereon before Pflugen, as an appointed co-president, they have informed me that

166 Cap. 16: Measures taken by the Catholics. W. xvn, 220-223. 167

they would not have wanted to leave for that reason. But since they have made it known to me, as they were obliged to do, it has not been unreasonably disconcerting and burdensome for me to hear again about the attitude taken by your Majesty; I have not yet given complete credence to the matter until a highly burdensome mandate and precept, in your Majesty's name, have now come to me, from which I have clearly found this, and that he has obtained an enfeoffment from your Imperial Majesty, with your Majesty's serious request. Majesty, with your Majesty's earnest request as to what I should do and decree in this regard.

3. However, since Your Majesty can graciously judge what disadvantages I and my heirs would suffer irreparably from my, a bishop of Naumburg and of the same chapter, established righteousnesses, besides the fact that I know of no loyalty nor good to provide for the plow, he would also be a persecutor of my and other Christian estates of the Augsburg Confession: I have not been able to avoid protesting against such a dangerous act of ploughing and to use my rightful necessity, in the most humble hope that Your Imperial Majesty will not reproach me for it. Majesty will not blame me for this.

4 For although Pflug has sent a supposed supplication to Your Imperial Majesty's Commissars, also to the Electorate, he has not yet received it. Majesty's Commissars, as well as the Imperial, Princes and Estates of the Empire, at the Imperial Diet held at Nuremberg in the 42nd year, against me, I have not been summoned nor cited for his alleged supplication; but since my advisors, whom I had at the said Imperial Diet, reported to me about it, and also brought a copy of it, it is not without reason that I have had a true counter-report printed against Pflug's unfounded slander.

5 And because he took the liberty of making an even more unfounded rebuttal against this, and to have it printed against me, I was not unreasonably moved to further rejection.

He is not at all of the opinion that he can do anything in legal form with it; just as he has never started a legal case against me, much less provided his proof or rebuttal, as necessity may require, in the matter in some part, but everything that has been done in writings and through printing, for the sake of the reports and rebuttals, has been done outside the law on both sides.

(6) Thus, in the same writings, I have clearly and finally asserted myself against him, and as far as the prejudice of religion is concerned, to a common, free, Christian concilium; but as far as the secular prejudices are concerned, before the impartial commissioners of Your Imperial Majesty, I have offered to be on the right side of him. I, as a Elector of the Holy Roman Empire, should enjoy it, and by His Julium Plough, with obtaining more reported mandates and precepts, thus and without all due justification, not be rushed nor condemned.

7 Therefore, my most humble request to Your Imperial Majesty is that you take note of this letter of mine to my great and unavoidable need, and not otherwise. and let the matters come to due and legal discussion, or suspend the things and matters at the least, and my advisors, who are to be delivered as soon as possible to the present Diet of Your Imperial Majesty. Majesty's Diet as soon as possible, and will therefore continue to hear them graciously. Your Imperial. Your Imperial Majesty may graciously show himself to be so, as my submissive hope is for Your Imperial Majesty. Majesty. This I do for the sake of Your Imperial Majesty. Majesty in all owed subservience. Date Henichen, 1) April 16, 1546.

Elector

to Imperial Majesty.

1. Maybe: Hainichen?.

168 Section 1: The renewed Schmalk. Bund. No. 1263. W. xvn, 223 f. 169

The seventeenth chapter.

Concerning the renewed Schmalkaldic League and the actions of the two crowns England and France with the Schmalkaldic League relatives.

First Section.

Of the renewed Schmalkaldic League.

1263 Renewal and extension of the Schmalkaldic League between the Elector John Frederick of Saxony, Philip, Ernst and Francis, Dukes of Brunswick, Ulrich, Duke of Würtenberg, Philip, Landgrave of Hesse, Barnim and Philip, Duke of Pomerania, and other princes, estates and cities of the Holy Roman Empire, for protection if they were attacked for their faith. Schmalkalden, September 29, 1536.

In Hortleder, lik. VIII, eap. 9, p. 1327; in Dumont's eorp. (iiploin., torri. IV, pari. II, p. 141 and in Lünig's Reichs-Archiv, xart. spse. oont. I.

1. By the Grace of God, we Johann Friedrich, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave in Thuringia and Margrave of Meissen, for ourselves, and on account of the Highborn Prince, Herr Johann Ernsten, also Duke of Saxony, our friendly dear brother; Philipps, Ernst, Franz, brothers and cousins, Dukes of Brunswick and Lüneburg; Ulrich, Duke of Würtemberg and Teck, Count of Mümpelgart; Philipps, Landgrave of Hesse, Count of Katzenelnbogen, of Dietz, Ziegenhain and Nidda; Barnim and Philipps, Gevettern, Dukes of Stettin, Pomerania, of the Cassuben and Wenden, Princes of Rügen, Counts of Butzkau; 1) Wolfgang, Hans, Georg and Joachim, Gevettern and brothers, Princes of Anhalt, Counts of Ascanien and Lords of Bernburg; Gebhard and Albrecht, brothers, Counts and Lords of Mansfeld;

1. At the beginning of the next number it says: "zu Gutzkaw"; in No. 1265: "Gutzkow". The latter is probably correct. In No. 1266: "Butzgau".

and burgomasters, aldermen, guild masters, and appointed councillors and commoners of the Upper German, Saxon and maritime cities named below, as Strasbourg, Augsburg, Frankfurt, Costnitz, Ulm, Esslingen, Reutlingen, Memmingen, Kempten, Lindau, Bibrach, Isni, Magdeburg, Bremen, Brunswick, Goslar, Hanover, Göttingen, Eimbeck, Hamburg, Lübeck and Minden: hereby confess for us, our heirs and descendants, and announce to all men:

2. After the events of this time, from time to time, have been so careful, so swift, and so forth, as to desire those who preach and proclaim the bright, clear, pure, and untainted Word of God in their "principalities," cities, lands, and territories, by grace and bestowal of the Almighty, thereby preventing and changing all kinds of abuses, to forcefully and effectively stop their Christian endeavors, and it is the duty of every Christian authority not only to have the holy Word of God preached to their subjects, but also to ensure with all diligence, earnestness and ability that they are not forced or disparaged by the Word of God: Our supreme necessity and the duty of the authorities require us to determine whether it should happen now or in the future that someone should force us or our subjects from the Word of God and the known truth by force or by deed (which the gracious, merciful God graciously prevents, and we do not want to provide for anyone), and thus again to prevent the abuses that have been committed and changed with all possible diligence.

(3) So that such violence may be averted, and the destruction of both body and soul, ours and theirs, may be avoided.

170 Cap. 17 The renewed Schmalkaldic League. W.xvn, 224-227. ' 171

our subjects may be prevented: We have therefore, to the praise of God Almighty, for the greater prosperity and growth of divine free doctrine, for the awakening and promotion of a Christian, unanimous being and peace, for the Holy Roman Empire, German Nation, and all respectability, as well as for the good of our common principalities, cities and regions, We have resolved to unite with and against each other in a Christian and friendly spirit for the sole purpose of defense and salvation, which is permitted and granted to each of us not only by human and natural, but also by written law, and we have adopted and accepted the same; And do so presently, in and by virtue of this epistle, in the measure, form, and shape which followeth:

(4) Namely, that we should and will faithfully and wholeheartedly mean, hold, and warn against harm all parts, one to the other, and also not drag through, advance, or abstain from the other's enemies and repugnants, publicly or secretly, with knowledge.

5. And therefore this mind is only for defense and salvation, and not at all for the reason that someone among us should start a war: whether it should happen that some part of us, whoever it might be, should be attacked for the word of God, evangelical doctrine and our holy faith, or for things that follow from the word of God, evangelical doctrine and the holy faith and are dependent on it, or that some other thing should be brought forward against one of us for a pretence; But since we, the others, who are not attacked at such a time, would like to see it happen primarily for the sake of this word of God, or who would want to be raped and attacked, or would be attacked and attacked, and he would suffer other, immediate, final rights on us; that then we, the others, all understood in this Christian sense, and each for himself, as soon as we are informed and understand this by the raped, or otherwise by credible experience, should not let the matter concern us in any other way, than as if each of us were himself attacked, attacked, attacked, and thus his own things; Then, without any dangerous delay, each of us, to the best of his ability, shall unexpectedly help, rescue, unburden, give air and space to the other, to the one who has been attacked or raped. How then at any time, according to the opportunity of the trade, by the others most easily and most fruitfully considered good and serviceable, and our each Christian love

and faithfulness, also his own conscience and even welfare, and thus faithfully help each other to conduct the trade, also no part, without the other's knowledge and will, let itself or go into some direction, contract or decency.

(6) This Christian mind of ours shall not be contrary to His Imperial Majesty, our most gracious Lord, or to any state of the Holy Roman Empire or to anyone else. Majesty, our most gracious Lord, or to any state of the Holy Roman Empire, or to anyone else, but solely for the preservation of Christian truth and peace in the Holy Roman Empire and the German Nation. The only reason for this is to preserve Christian truth and peace in the Holy Roman Empire and the German nation, and to prevent unjust violence for us and our subjects and relatives, solely in the interests of defense and salvation, since each of us, as mentioned above, may give and take the right and not the wrong. may give and take right, and not be meant otherwise.

(7) If anyone desires to come further into this Christian understanding of ours, and was not previously comprehended therein, who adheres to the holy Word of God and the Gospel, and to the same, and to the pure doctrine, and to our Confession, shall be handed over to Imperial Majesty Augsburg and to all the Estates of the Empire. Maj. and all the states of the empire, shall teach and preach uniformly in their lands and territories, and shall also firmly hold to it: he or they shall be admitted and accepted into it with the knowledge and will of all of us.

8. And after this Christian understanding on Invocavit, the next year, which will be written in the lesser number of 37 years, with us, the others, in which we, outside of our Duke Ulrich of Würtemberg, our Duke Barnim and Duke Philipp of Pomerania, our Hansens, Georgens and Joachim, Princes of Anhalt, and our cities, Augsburg, Frankfurt, Kempten, Hanover, Hamburg and Minden, have stood with each other for six years, will be over and come to an end: We have accepted and accepted their loved ones and them, at their friendly, gracious and official request and entreaty, and, according to the Schmalkaldic Farewell, in the 35th year, we have all and especially agreed to stay there. There they were erected, unanimously united with each other and agreed that such Christian understanding shall be extended from Invocavit of the 37th year touched, for ten years, the following years, so that also the Christian understanding mentioned shall last for the ten years indicated, following each other, and shall be carried out and kept by all of us together and especially faithfully, sincerely, honestly, and without any danger.

(9) And whether it be a matter of coming to war with any one thus, by reason of the divine word, and causes flowing therefrom, and that before

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If the end of certain ten years is not brought to an end at all, nevertheless, regardless of the fact that the years in question have passed and this Christian understanding has come to an end, it shall be faithfully maintained and carried out to the end, no part shall withdraw or separate from it, and then this Christian understanding may well be extended longer, if it pleases the parties.

We, the aforementioned Elector, Princes, Counts and Councillors of the cities, by our honor, dignity, true words and good faith, speak and promise all these things in lieu of an oath, for ourselves, our heirs and descendants, in and by virtue of this present letter, to keep them true, steadfast, firm and unbreakable, to comply with them completely and to live, not to do anything against them, nor to be done against them, in any way or manner; all honestly, faithfully and safely.

11. and of this, for the sake of greater evidence, certainty and confirmation, I, every one of the above-named, Elector, Prince, Count and City, for us, our heirs and descendants, have knowingly affixed his seal to this, and give it on the day of Michaelmas, after the birth of Christ our dear Lord, in the year 1536.

12 We have also agreed and granted that if any prince, count, lord, city or estate in this agreement would not seal such our agreement, for whatever cause or hindrance this might be, then nevertheless such agreement shall remain strong and binding against the others who have sealed it, without any delay, and no one shall and will resort to it; without any danger.

1264 The Schmalkaldic League's Order and Constitution for Rescue, Resistance, Help and Repression. Made at Schmalkalden, September 29, 1536.

See the previous number.

By the Grace of God, we Johann Friedrich, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave of Thuringia and Margrave of Meissen, for ourselves and on behalf of the Highborn Prince, Lord Johann Ernst, also Duke of Saxony 2c., our friendly dear brother; Ernst and Franz, brothers and dukes of Brunswick and Lüneburg; Ulrich, duke of Würtemberg and Teck; Philipp, landgrave of Hesse, count of Katzenelnbogen, zu Dietz, Zie

genhain and Nidda 2c.Barnim and Philipp, Gevettern, Dukes of Stettin, Pomerania, Cassuben and Wenden, Princes of Rügen, Counts of Gutzkaw; Wolfgang, Hans, Georg and Joachim, Gevettern and brothers, Princes of Anhalt, Counts of Ascanien, Lords of Bernburg; Gebhardt and Albrecht, brothers, Counts and Lords of Mansfeld; and masters, mayors, town councillors, guild councillors, and decreed councillors and commoners of the Upper German, Saxon, and maritime cities named below, as Strasbourg, Augsburg, Frankfurt, Costnitz, Ulm, Esslingen, Reutlingen, Memmingen, Lindau, Biberach, Isni, Magdeburg, Bremen, Brunswick, Goslar, Göttingen, Eimbeck, Hamburg, Lübeck, and Minden: confess for us, our heirs and descendants and declare to all men:

2. After we, for movable Christian and good causes, but first of all to praise and honor God Almighty, for the promotion and reception of His holy Word and Gospel, and so that we may remain in the holy kingdom as obedient members of it, also keep our subjects, who are commanded by God to govern and preside over us in a Christian manner, in that which is Christian, divine, honorable and fair, also conducive to the salvation of their souls, We shall also keep our subjects, who are commanded by God to govern us in a Christian, godly, honorable and fair manner, also conducive to the salvation of their souls, and may be prevented from unreasonable, unlawful rape and damage by the grace of God, united and determined in the name of God of a Christian and friendly mind, content and by virtue of the united covenants, which we have established and executed with each other for this reason.
3. However, since we have further considered and considered it most necessary and good for the reasonable and Christian salvation of ourselves and ours, we judge that in these careful, swift and difficult times we should establish a constitution for salvation and resistance (which shall last and endure as long as we unite and agree on the Christian understanding; as such is to be clearly noted and determined in the charter of agreement and extension of the same), also to make the same a help and emphasis, as much as possible and as much as God Almighty will grant grace. Accordingly, we have unanimously agreed, bound and obligated ourselves with each other on several articles, and do so in the name of the Almighty, knowingly, in virtue of this prescription, for us, all our heirs and descendants, as follows:

4 Initially and for the first time, this constitution shall have no other cause or opinion than solely for the purpose of resistance and salvation, and to

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The term "unjust violence" means and is to be understood as the compensation for unjust violence by us, our subjects and our relatives, in the event that we should be attacked, raped, or otherwise subjected to other forms of harassment by someone for the sake of the Christian, just and lawful things of which our Christian understanding is informed.

(5) Secondly, if anyone of the estates related to this agreement is threatened with conquest or rape, or otherwise complained about in other ways, for the sake of things on which this understanding stands, on account of which he believes that he is in need of advice or help from the other parties related to the agreement, he may at any time bring this up and report it to the ruling captain of the same six-month period. If the matters or complaints are such that the ruling captain, together with the aggrieved estate, hopes that they can be averted by writs, letters, or other such means, he shall have the power to do so for himself, and with the advice and assistance of the other captain, at the expense of the common estates and in their name. If, however, the matters are such that a general meeting of the estates is necessary, such a meeting shall be announced and announced by the captain every six months in a convenient place and venue to all estates with avoidance of the matters, which shall also appear by themselves or their authorized representatives.

(6) Whenever and as often as the united ones come together, or send, and want to talk about the matters on which the understanding stands, all the united ones or their skilful ones shall be heard, after God has often given to the last one what he has given to the first one, and therefore they shall be obliged to settle amicably and amicably in the assembly of a unanimous opinion.

If, however, it should happen that there is no unanimous agreement in the assembly, then such an agreement shall be made by the following votes. But nevertheless, as is set forth below, there shall be no more than thirteen votes, which shall finally have to decide in the matters in question, and the aforementioned votes shall also be distributed, as follows, namely: We, the Elector of Saxony, on account of our and the thought of our dear brother, shall have two votes. We, the Dukes of Brunswick and Lüneburg, brothers, together with Prince Wolfgangen, Hans, Georgen and Joachim, Princes of Anhalt, and the Counts of Mansfeld, one. And we, the

Landgrave of Hesse, Two. We, Duke Ulrich of Würtemberg, one. We, Duke Barnim and Duke Philipp zu Pommern, one. And then we, the free imperial and Hanseatic cities, six votes; namely: the Oberlanders, as Strasbourg, Ulm and Augsburg, from their and our side, three. And the Saxon and maritime cities, as Magdeburg, Bremen and Hamburg, for their sake and ours, also have three.

In order that order may be kept in the votes, and also with the questioning, in the indicated assembly of our unions, we, Duke Hans Friedrich of Saxony, Elector, as we are also otherwise entitled to the questioning in the realm, or our councils, shall have to question. And if all the Estates of the Union, or of their skilful ones, have concerns, then these same Estates, or their skilful ones, who are related to the thirteen votes, shall join each part with those who belong to the Union, and what is decided by the thirteen votes and considered best, that is what shall remain. However, if the thirteen voices do not agree on a unanimous opinion, the majority among them shall have the power to decide.

(9) If the defense and assistance are thus decided by the common estates, or by the majority of the thirteen votes, then how and in what manner, as well as in which places they are to be carried out, everything shall stand and remain at the discretion of the captain and the council of war, as follows.

(10) If the matters were so urgent that the captain could not describe the states related to the unification, he shall, by virtue of the following articles, summon the other captain together with the ordered councils of war, and, as will be reported hereafter, have the power to decide and act.

And thirdly, the aid, so that it may be comforting and useful to all the Unificationists, shall be provided hereafter. Therefore, we, the Unificationists, for the preservation of such warriors, have paid the following sum, and shall pay it to the most advantageous places, as follows. Namely: We, the Elector, Princes and Counts of Anlag, in Torga and Cassel, to us, the Elector of Saxony and the Landgrave of Hesse; and we, the cities of Upper Austria, in Ulm; and we, the Saxon and maritime cities, in Brunswick, all to be deposited with the mayor and council there. And captains and councillors of war of the cities indicated shall take assurance that they will take care of the sum deposited, and that they will pay the sums due to them.

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The following shall follow, upon due receipt, all or any of their requirements.

12. And so that in this Christian and honest understanding each one may miss what he should deposit and, if the need requires, show in this facility and help: so we, the Elector of Saxony, the Dukes of Brunswick and Lüneburg, brothers, Landgrave Philipp of Hesse 2c, Prince Wolfgang, Hans, Georg and Joachim, cousins and brothers, Princes of Anhalt, and the two Counts of Mansfeld, seventy thousand florins; Also, all the Upper German and maritime cities, including Augsburg, Frankfurt, Kempten, Hanover, Hamburg, and Minden, to pay seventy thousand florins in coin, calculated as one and twenty Meissen groschen, six and twenty Weisspfennig, fifteen batz for one florin; namely, two and fifty thousand florins for ten thousand servants, as well as the Uebersoldten for two months; all of this to be paid over without danger. Then we, the aforementioned estates, agreed on such a sum among ourselves, and what each of us is entitled to lay down, according to the agreement, was united.

However, we, the people of Goslar, have been released from our obligation to keep our assets, on which we have been appraised and posted, until the time of the aforementioned emergency, and not to deposit them. On the other hand, we have obligated ourselves in special bonds, if the emergency were to occur in such a way that the counter-defense had to be undertaken and used, and the deposited money was required by captains and the ordered war councils, that we then from that time on, without default and all excuses, that we then from that time on, without delay and without any excuse, bring and deposit our due investment money, by virtue of this constitution, first for the two months, then the third, fourth, fifth and sixth month, to the mayor and council of the city of Brunswick, and that we shall not allow anything to prevent us from doing so at any time.

14 We, the cities of Göttingen and Eimbeck, agree that on our occasion after this time, each of us will not pay more than one month's rent to the above-mentioned mayors and council of Brunswick, and then also the second month in the time of the aforementioned emergency, at the request of the regular captain and war councilors, and without any stay and excuse, even in the case of the remaining four months, by virtue of this constitution, we shall thereupon submit and pay our rent to Brunswick.

15 But when I, the foregoing, Duke Ulrich of Würtemberg, Duke Barnim and Phi

We, the cities of Augsburg, Frankfurt, Kempten, Hanover, Hamburg, and Minden, have recently and since then, and after the now reported attack on the Reuter and servants has been made, joined the Christian unification and this constitution for resistance, therefore our share of help is not included therein; and we, however, according to such a proposal, have also had ourselves proposed to this constitution by our kinsmen on the next held day in Frankfurt, then we, and our every prince, estate and council, shall and will submit our share of the help, as we are proposed, in the most beneficial way and without neglect, as follows:

(16) Namely, we, Duke Ulrich, are to deposit ten thousand florins for one month with our dear faithful of the city of Stuttgart or Tübingen; in turn, those of Stuttgart or Tübingen, with whom we, Duke Ulrich, will deposit our part, shall pledge against the Landgrave that they will deliver it to Sr. Liebden, as the captain, at their request immediately and unhindered deliver and judge; and we, the landgrave, common estates shall further assure under our letter and seal, everything according to the treaties of Schmalkalden and Frankfurt.

17 And since we, Duke Barnim and Duke Philip of Pomerania, have not been compared with the Protestant estates for the sake of our estate, and yet we give our prescription that we want to be compared according to the Schmalkaldic decree, we shall and will, if we are not immediately compared according to the same Schmalkaldic decree, be compared according to the decision of the same estates, comply with the same decision in its entirety.

18 And we, the city of Augsburg, for two months ten thousand florins. We, the city of Frankfurt, for two months six thousand florins. We, the city of Kempten, for two months eighteen hundred florins, to Ulm, with the mayor and council there. And we, the city of Hamburg, eight thousand. And we, the city of Hanover, fifteen hundred and thirty and four florins to Brunswick, also for two months, with the mayor and council of the place.

19th And after we, the people of Lübeck, because of the fact that we come to noticeable and great trouble because of the past war action, found ourselves burdened for the sake of our property to pay our investment according to the previous tax; where we now on the half part of the same previous tax by previous negotiations also not compared.

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If we want to be a part of this, then we should and will comply with the findings of the Estates, in accordance with the Schmalkaldic Agreement.

(20) The same shall be done with us, the people of Minden, of the negotiation, also in the case of the judgment, for the sake of our facility, which we also want to execute faithfully.

21. As much as the sum of the aid money exceeds the first sums of the two times seventy thousand guilders, in which we, the next-named princes, estates and cities, who have now come into the agreement and constitution, as reported, have not been assessed and have not been collected (except those of Lübeck): Therefore, the assistance of two thousand on horseback and ten thousand on foot shall now be increased and improved with men, cavalry and servants, according to the number of the increased and improved funds; however, all with the advice of the regular captain and the war councils; all by virtue of and according to the instructions of this constitution of ours.

(22) And if it should happen that such a present arrangement and help would be attacked and used for the above emergency, then every prince, count, city and estate, related to this arrangement, shall within eight days, the next after such an arrangement is attacked, certainly pay his due share of the third month to the places as notified, and yet, if necessity would require it, follow with the fourth, fifth and sixth month.

23. Whether the matters of the war are now soon to begin, or within the six months, so burdensome that such help to meet the great burden will be too weak, or will last beyond the six months, and the appointed captains and war councils deem it good that the common estates of the united states should meet in the appropriate place, to deliberate and decide how to strengthen or obtain the help that has been requested and touched upon, and to draft it in such a way that the counterattack and counterviolence may be met in a proper manner, and the previous help may not be in vain, and with disgrace, harm, and loss, may be refrained from, and thereby not be diverted from divine truth: The ruling captains and councillors of war shall summon the princes, lords, earls, cities and estates of these united nations to a convenient place, on a named day, at the most convenient time, and at any time when they feel the need; and each estate shall appear in person, or by its own, with perfect and sufficient force, and shall bring the aforesaid distress and

And what is then considered and decided by the common estates, according to each one's heard fortune and opportunity, with each one's knowledge, will and full word, to be good, useful and necessary, therein we, as the faithful fellow relatives, shall and will, with fortune of body and good, keep and show ourselves unquestionably and favorably comply with what is thus decided.

And if any more princes, counts, lords, cities and others come into this agreement, they shall also be duly enjoined for this help; and if it were God's will that such money should not be needed until the conclusion of this agreement, then each prince, count and estate shall again be delivered his deposited sum at the conclusion of the same.

25 And in order that this unity may remain all the more constant, we have decided that we shall appoint thirteen councillors of war from the whole assembly; as reported hereafter: Namely, we, the Elector of Saxony, for ourselves and on account of our dear brother, two. And we, the Princes of Brunswick and Lüneburg, brothers, above named, Prince Wolf, Hans, Georg and Joachim of Anhalt, and both Counts of Mansfeld, one. And we, Landgrave Philip of Hesse, Two. We, Duke Ulrich, one. We, the Dukes of Pomerania, one. And we, the cities of Oberland, three. And we, the Saxon and maritime cities, also three. However, we, Duke John Frederick, the Elector, shall have the captaincy of our half year in administration, and we, the Elector, shall decree no more than one council of war during that time. Likewise, we, Landgrave Philip, shall not use more than one war council from ours during the time of our captaincy. And such councillors of war shall be notified by name by each estate that appoints them to the two captains, who shall be notified of them thereafter, and, at the request of the ruling captain, shall send them at any time, if they are not prevented by marital causes. But in the event of such hindrance, others shall be appointed who are skilled and qualified for such matters; which twelve war councillors shall be required at any time of necessity by the ruling captain from the estates, which they have appointed, to a named place, according to the occasion, since they shall also be obliged to appear at their duties, to act and advise on all matters in an emergency manner, and also to inform beforehand of the

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Captain's concerns diligently and faithfully. And if one can compare oneself with the captain in general, this shall be done, and one shall find such of the cities' war councils, namely the Upper German ones at Strasbourg, Ulm and Augsburg, and the Saxon and maritime cities at Magdeburg, Bremen and Hamburg.

26 If, however, it should happen that they do not compare in such a way in general, or by the more part, then chance shall stand with the captain, and it shall remain so at last. And what is decided by the greater part than by the captain and the councillors of war, or, if they had equal votes, by the captain's chance, the captain shall faithfully carry out, without any delay or hindrance, and for himself, outside the councillors of war's decision, even of other opinion (for as is reported) shall neither undertake nor do anything.

27 The thirteen councillors of war shall also vow and swear to the common assembly to be faithful and faithful, obedient and faithful to it, to promote its best, to warn against harm, and to advise, decide and vote in case of necessity on the matters for which they are appointed, according to their highest understanding and conscience; without any danger, inasmuch as for this reason special form of an oath is understood and held out to them, which follows from word to word:

We N. and N. vow and swear, promise and pledge to God Almighty and to the states of the Christian confession of the same faith in Christ, His eternal and salvific Word, that we will first and foremost seek God's praise and glory, also warn the same relatives of harm, promote piety and the best, and strive by His grace, and, in accordance with the points and articles of the Christian understanding, agreement, and constitution of the counter-defense, of which we have received a true copy, which we have overlooked and over-read in its entirety, act faithfully, and in all of this, with the help of God, will do so: especially the articles therein, that in case of urgent and unavoidable need, after faithful consideration of our assigned captain's decision, we shall exercise and use such unification and constitution solely for the Christian salvation and defense of the same lords and princes, counts and related honorable free, imperial, maritime and Hanseatic cities, their all subjects, and no other opinion or under any other appearance, by the bestowal of divine grace; and before that all Christian, honorable, amicable and lawful

We shall seek moderate means and ways, diligently reminding and exhorting us to prevent mischief and evil; not to undertake any matters of our own, outside of the praise and honor of God's holy word concerning this Christian unification, and let us be moved to counsel and seek that from which sedition and discord may be aroused and outraged. Thus we also want to promptly report and disclose the information that comes to us in addition to our appointed captain, who carefully presides over the matters, to the prominent estates that are appointed to the main votes, and also to make further provisions therein according to the content of the constitution; and in everything, in accordance with such aforementioned written agreement of resistance and help, indicated Christian salvation and resistance, with the ordering of war and other necessary provisions and considerations, by the advice and decision of our captain, and according to the difference and opportunity that this gives, we want to act, do and carry out carefully with God's grace, putting all dangers at bay; and thus in such everything act faithfully and sincerely, and comply with it. As God helps us and His holy eternal word.

28. If, however, one of the same captains, according to the will of God, which the Almighty will have mercy on, should perish fatally or otherwise, we, the other captain, shall from that time on, within one month's time, summon the estates, of which the votes are commanded, to send theirs to a place and day of note with sufficient force, and at the same time require the thirteen councils of war to choose and appoint another suitable captain to their duties, according to the manner in which the first one departed was appointed; without probation and delay. Since the same councillors of war shall also appear at their duties and, as mentioned above, be obliged to act, and thus be diligently and faithfully advised and acted upon by the captain with the councillors of war. If, however, they do not wish to compare themselves with such a captain in a common council, they shall have to do so by votes; and then the votes shall not be ordered to the councillors of war, but to the other councillors sent next to them; the same councillors sent shall also have the power from the beginning to compare themselves with the captain of his appointment, and to accept in the duty, to the extent of the envoys so departed.

29 Whether one or more members of the Council of War shall die, or otherwise be prevented from performing their duties due to marital incapacity.

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If the captain who appointed him could not wait, he shall immediately, at the request of the appointed captain, appoint another who is competent, trustworthy, and capable in these matters, so that the captain may have no lack of them; who shall then, before he is called upon for counsel, do to him, the captain, the duty in moderation as the others have done.

(30) Accordingly, we have elected as our captains, ordered and enabled our dear cousins, grandparents, brother-in-law and brother, most gracious and gracious lords, Duke John Frederick, Elector of Saxony 2c., and Landgrave Philip of Hesse 2c., who then, related in this so Christian cause, kindly and graciously consented to keep themselves faithfully and diligently in this. So that their l. and churl. and princely. In order that their lords and graces may actually know at what time and in what measure, form and manner each of them is to use his office and authority, so that in the future no error or hindrance may occur, several articles have been agreed upon by us and finally decided upon, as those that follow:

(31) Namely, this constitution and counter-defense, also by order of the thirteen councillors of war, shall be undertaken by the two captains for nothing else than, as reported, for counter-defense; in such a way that, if an attack were to be made, or if it were certain that the attack would be made against us, the united states, or against someone from among us, for the sake of a cause of which our Christian understanding is informed, then the counter-defense shall only be used. As well as this, the captains, who have already committed their relatives to such unification 1) with letters and seals, must swear to the trust and faith that the unification relatives have in them, and to their promise, and the war councils must swear in their oath, which has been given to them.

32. also that our deposited money shall not be used for any other cause, as the names may have, other than as reported; and nevertheless the sum of the deposited money shall be divided equally, and each captain shall be assigned half the part, to use the same in case of need, as reported, and to use it in the name of God.

33 And therefore the two captains whom we have chosen and appointed for such help shall be one thousand each on horseback and five thousand on foot, and as much as the help increases.

1. With Walch: "of such unification relatives".

and improved, appoint half of each of them, and according to the number of the same, further suitable foreign warriors, to require them in the aforementioned emergency, and also to appoint and accept their sub-chiefs from both the Upper Austrian and Saxon districts, with the knowledge and will of the war councils, according to the opportunity of the time, persons and things, so that in matters and actions that arise one may have and use those who are known and reported to be of the country and people's opportunity, also nature and custom.

34. One captain after the other, each for half a year, shall have to do the demand of the war councils, and all other demands together: namely, the Elector Johann Friederich's captaincy and authority for a time, that of the first half year, shall begin on St. John the Baptist's Day and last until Christmas Day; then Landgrave Philip's captaincy and authority in Hesse shall begin and last until St. John the Baptist's Day. And the landgrave's rule shall begin on the next Christmas and last until St. John's Day.

However, we, the Elector of Saxony and the Landgrave of Hesse, reserve the right, if a campaign is to be undertaken, to decide at our will and pleasure whether we want to march in person or arrange and send a suitable lieutenant in our place. The councillors of war shall also declare in each case to which place one should go, or whether one should go to two or more places; if, however, the councillors of war cannot unite or agree on this, it shall be settled and concluded by the chance of the captain, as aforesaid.

If the captain finds in his six months that things are happening so quickly that the estates cannot all be described, he shall and may summon the councillors of war and discuss whether there is a need to take on the knights and servants and to take up arms against them. For this purpose he shall then also require the other captain, who shall also appear by himself or by perfect command; and then, by united conclusion of the two captains and twelve councillors of war, or by the several of the same, shall move with all diligence whether the causes of the resistance are present by virtue of the union? And the other captain, who is thus required because he has two councillors of war at the time, should separate the one and the other at the time of his presence, so that it is thus

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The thirteen votes, namely the two captains and eleven councilors, shall remain. If then the form and occasion requires, the captains shall, in the name of God, attack the deposited money, and each shall raise his share of the governors and servants, appoint the same, with the advice of the councillors of war, as they may be most useful to the estates, and according to the occasion of the things, time and runs possible, shall have power in the name of and on account of the common estates; and what is thus promised by the captain and the councillors of war to the governors and servants shall be held and carried by the common estates, and otherwise act in accordance with the constitution.

37 If the procession goes out of Saxony, or the Saxon Westphalian territory, or seaward, and they, the captains, both assemble with the number (as aforementioned) of foreign horsemen and servants, ordered to help, and such is agreed upon by the councils of war, we, the Elector, shall be supreme, and we, Landgrave Philip, shall send our accepted horsemen and servants to S. Liebden.

If the procession goes to Hesse, and across the Main, to the states of the Rhenish or Swabian territory, or to the towns, then we, Landgrave Philip, shall be supreme, and we, the Elector, shall send to his lieutenant our accepted routers and servants.

39 Fourth: Although it is fair and proper that a captain, who is burdened with such a heavy load and burden, should be ordered to be entertained by those who appoint him, the aforementioned two captains, as Elector and Prince, who are related to this Christian understanding, have kindly and graciously granted that their loved ones, Electoral and Princely Graces, shall not request entertainment. The Almighty God, in His mercy, will prevent this from happening in the meantime and before the war trade reaches its beginning.

40 If, however, according to the divine will, the war is to continue, their beloved, electoral and princely graces have been ordered to appoint and entertain them. Grace, an appointment and entertainment has been decreed. Namely, if the reigning captain would go in his own person, which (as is indicated herein) shall be at his will, every month, 30 days for each month counted, he shall have twelve hundred florins for his tasel, for the maintenance of his officers, valets, chancery and others; but outside of the satellites, personal and wound physicians, which persons shall be paid by all united relatives above that.

41. but if the ruling captain in the person does not draw, but a lieutenant on

The latter shall have four hundred florins for his board, and for the maintenance of his officers, servants, chancery, and others, every month, even thirty days for the month; but outside of the trabants, physicians, and surgeons, which persons shall be paid by all the unifying mandates about that.

42 Every month, for as many days as has been mentioned, a hundred florins shall be given to each council of war on its table, and all its servants, except for the soldiers who have been mustered, shall be served and given, and the captain or lieutenant, as well as the war councils, shall be provided with their soldiers, who have been accepted in the muster, as well as other soldiers, and shall also be provided for by the unification booths at the same time. But before the beginning of the war, each one who has ordered them shall maintain them at his own expense.

43. We also have a sum of money, namely seven thousand florins, and to the same seven thousand florins so much and even more than our each of the princes, estates and cities, which we now newly come into the constitution, namely us Duke Barnim and Duke Philip of Pomerania, and the city of Augsburg, Frankfurt, Kempten and Minden, according to the greatest estimate, are entitled to these seven thousand florins, and with this and so much more the seven thousand florins have been increased and improved. We, however, Duke Ulrich of Würtemberg, and the two cities of Hamburg and Hanover have not been added to these seven thousand florins and their increase, but our share has been included in our main investment, by virtue of the Frankfurt agreement, and at the hands of the captains, namely half to each, according to the above-mentioned estimate of the large sum, deposited and answered.

44. What has not yet been paid in this sum by some of the estates shall be paid between now and the next Christmas, to make necessary announcements, to appoint sub-chiefs on horseback and on foot, to maintain scribes, to send messages and other necessities for daily matters; of which the captain shall give account every year on St. John the Baptist's Day, and what is left shall be kept for further needs. If, however, this is lacking, we, the estates, shall be summoned by the captain, if it is time, and the war councillors, and therefore acted upon for further provision, in the manner stated above in the articles of further provision for assistance.

45. there shall also be of such seven thousand gul-.

186 Cap. 17 The renewed Schmalkaldic League. W. xvu, 245-248. 187

and what these are improved, the captain, with the advice and knowledge of the twelve war councillors, shall act for more sub-chiefs over the rangers and servants as reported; and if they want to be ordered to pay a higher maintenance fee, they must decide on the basis of the time, persons and things. If, however, the same sub-chiefs want to demand and have excessive maintenance money according to the time, persons and things, the captain shall have it sent to the unification relatives and act according to their order.

46 We, the captains, declare that we do not want to have our grant and acceptance of the captaincy for longer than two years; which our grant began on St. Thomas Dec. 21 in the 35th 1) year, according to the Schmalkaldic farewell, and will end again on St. Thomas in the 37th year. So that each of us shall be captain for one year, and, as mentioned above, one for the other for half a year; and at the end of the two it shall be in our, and the others', will and favor. The captains shall also be commanded to seek as much as possible such cavalrymen and footmen as are not related to the united kinsmen.

47. fifth, and for the sake of greater prudence, let us, the estates, and each for himself, also as we know how to do most easily and conveniently, have and do good administration, and what each estate wants to be done (to the disadvantage of the united ones practiced by the adversaries). It is also stated that the same estates shall inform the captain, who is in charge of the administration of the half year at the same time, one estate to the other without delay; as the captains themselves appoint half good clients in and outside the realm.

48. Sixthly, we have especially united with each other and agreed that none of us shall undertake any campaign, war or siege for ourselves on account of things of which our Christian understanding gives notice, or shall do anything from which war exercises may presumably be carried out in the future, but where one or more of us would encounter something troublesome or necessary on account of Christian matters of unification, this shall at all times come to those who have been notified of it by name, as captains and councillors of war; and what
49. In the old edition: "75." and immediately following: "Thomä im 37. (39.)." Our correction is based on No. 1263, ?8.

The same councils of war of the several parts, or if they had equal votes, by the ruling captain's discretion, shall consider, decide and decree convenient and useful in the above-mentioned matter, which shall be lived and followed by us without refusal, nor shall anything be done or begun about it for the sake of the above-mentioned matters, although our one or more on his adventure, without our help and assistance to the others, would think of doing so; unless it were a matter of fact that someone would dare to do so. To attack and harm one or more of us or ours, unwarned and unawares, on account of preceding cases of which our Christian understanding reports; Against him or them, each of us shall be at liberty to make an urgent emergency and counter-defense, and nevertheless the matter shall be brought to our ruling captain, who shall be obligated to act according to necessity, according to the advice and consideration of his appointed councillors of war, as is obvious and proper.

49. Seventhly, since our Christian understanding and the constitution have been established solely for the purpose of resisting and averting intended violence, and since the attacks are likely to occur unevenly over time: We have placed in the captain's power and authority, which will be at that time, and in the appointed council of war, to use such assistance of ten thousand servants on foot and two thousand on horseback in whole or in part, and if necessity requires it, to beat the two months into one, to make the six months three, and thus, according to the occasion of the foregoing necessity and attack, to increase the assistance granted up to four thousand on horseback and twenty thousand on foot.
50. Eighth, the ruling captain and the councillors of war shall from this time on, in addition to calling for and enlisting the help of the people of war, confine ourselves to a special peaceful place, where they may deliberate and decide whether and where necessity would require further assistance; and since Christian unification and constitution are meant to be resisted, and not otherwise, than by the bestowal of divine grace, so that those who are in the process of unification may not be adversely affected, contrary to God's word, in law and equity: The ruling captain and his assigned councillors of war shall be commanded, where the certain findings and experiences of the enemy practices and attacks or other incidents, by him, the captain, or councillors of war, are not considered in such a way, that the help is still necessary at the time: then the same shall

188 Section 1: The renewed Schmalk. Bund. No. 1264. w. xvn. 248-25". 189

We shall also appoint a day at a convenient time when we shall appear personally, or by the full authority of each of us, before the captain and the councillors of war, and consult with them as to how the aforementioned complaint may occur and be averted for peace, by action or other suitable means, with the least harm and damage.

(51) However, if anyone has been noticeably damaged in this war, he should be restored by our adversaries, or otherwise, if it has been done, reimbursed; but if peace and reimbursement cannot be obtained, then, if the matter will suffer, it will be sought by us in every way, so that the defense, as necessity requires, will be done in the name of the Lord with heart and all faithfulness.

52. Ninth, it would come to pass that our adversaries would attack us Unificationists in many places, as they easily and undoubtedly have in mind to do, thinking that each Unificationist, or the several parts, should have much to do with himself, that one could not come to the aid of the other, from which complete separation would follow, and that the adversaries would create their will, take over all or part of our Christian lands, expel the Word of God, and re-establish the papacy; to which the almighty God may have mercy: so the ruling captains and war councils, ordered to help, shall diligently and faithfully consider and (as reported) decide in which place they consider the most necessary and fruitful. They will be able to help and rescue the victims in whichever place they deem most necessary and fruitful. However, so that no one is neglected, the ruling captain together with the councillors of war shall immediately and most beneficially summon us, the estates, to deliberate and decide as above.
53. Tenthly, because all the cases that will occur in the future according to God's will cannot be provided for this time, our reason, beginning and resolution of this understanding should finally rest on the fact that above all things God's honor and His holy word should be considered, and for this reason each of us should assist the other, and all of us in general, with a right heart and faithfulness in these matters, nor should we consider anything in this, as we owe it to God to do, and as each of us would like the other to do or have it.

54 Where and how the ordnance, together with its ammunition, is to be most conveniently obtained and received shall at all times be the concern of the ruling captain and councilors of war, and this shall be previously discussed and decreed in their rules of war. However, in this and other matters, equality shall be maintained, so that no state shall be charged more than the other according to its opportunity, and the expenses incurred for such ammunition and ordnance shall be reckoned and paid according to the number of installations of the aid.

55. Eleventh, if it should happen that one or more of our united kinsmen should need to open up in one or the other's castles, cities, lands or territories, that the united kinsman or kinswomen, of whatever standing he or they might be or might be, 1) with their warband and goods in the other's country, principalities, dominions and territories, with their warband, possessions and goods, in the other's country, principalities, dominions and territories, castles, towns or other places, as long as this unification lasts, shall be allowed and given access; But this shall not be understood differently or further, except in matters concerning the divine word and what is dependent on it, and not in other matters outside the Christian union. Those who thus seek and use the opening to their need shall also be held, defended and handled kindly and benevolently by the one or ones who permit and give the opening, as if it were their own. In turn, those who seek the opening shall also use it at their own expense and damage, and shall also hold themselves in the same place, in siege and otherwise, as the same opening's sovereigns' own people of war, and help preserve, protect, and shield the place, nothing less than as if it were incumbent upon the one or ones who seek and use the opening themselves.
56. If it should happen that in this agreement some confusion should arise between us all and our relatives, servants or men of war, it would be for the explanation of help, costs, damage, profit, loss, ambiguity of the persons in the field, or in the hostel, before, in or after the marches, or of what things this would come to: All this shall be at the discretion of the captain and the twelve councillors of war; and what the one or more of them discern from them, or, if they are equal in votes, by chance of the supreme captain, it shall remain so at last, and to which each shall be bound by his duties.

1. In the old edition: "demselbigen".

190 Cap. 17 The renewed Schmalkaldic League. W. xvn, 250-253. 191

shall be required. All servants and men-of-war are to be appointed in the same way.

Item 57: All profits shall also be distributed according to the number of facilities and aid. And if it should happen that one of us has to vacate his land and fortress for the sake of common necessity, for rescue, and thereby loses something of cities, fortresses, lands or people, or receives damage therein, no peace shall be made without the knowledge and will of the person concerned, unless the damaged party is first restored to his lost goods and reimbursed for the damage he has received. Likewise, if someone is captured or put down by the rulers of these united relatives, this shall also be done.

58 Since in this constitution, however, the destruction and prosperity of the unification allies, next to God, stands to the aid of the two captains, together with their assigned war councils, this unification and constitution shall be commanded and bound to them with the utmost diligence, just as the captains, with princely loyalty and promise, have taken the lieutenants and war councils with oaths and duties in such a way as to require such a high necessity in such a great work. The lieutenants and councillors of war are to take oaths and perform duties in such a way that such an important work requires great necessity.

(59) Nevertheless, this constitution and the articles agreed upon and adopted to oppose the Christian unity and understanding which we have established and carried out with one another here before, shall not cause any break, change or some hindrance, but the same shall be and remain constant and unchanged in all points and articles.

(60) Every prince, duke, count and estate shall faithfully carry out what this union and constitution imposes on it and otherwise brings with it, and yet no one shall be bound or bound in any way for the other for this reason. Everything faithfully and safely.

61 We have also agreed with each other that this naming of the sovereigns and princes, counts, cities and estates, if anyone among us should think that his rightful place was not given to him, should not cause any break or reduction in his old status or origin, as one should be called against the other. Without danger.

62. in witness whereof the seals hereunto affixed are sealed by all and every one of our delegates, princes, counts, and cities, for ourselves, our heirs, and our descendants. Given on the day

Michaelmas, after the birth of Christ our Lord, fifteen hundred and six and thirty years.

63 We have discussed and agreed that if any prince, count, lord, city or estate, understood in this constitution, would not seal such our constitution, for whatever cause or hindrance this might occur, that nevertheless such constitution shall remain strong and binding against the others who have sealed it, without any withdrawal, and that no one shall and will resort to it. Without danger.

Johann Friedrich, Elector, m. pp. sst. Philipp, Landgrave of Hesse, m. > pp. sst. Jakob Sturm, old town master at Strasbourg. > > Jakob Görg, mayor of Magdeburg. Görg Besserer, old mayor of Ulm. > Martinus Michaelis, Secret. Bremensis.

1265 Revers of the Dukes Henry and Moritz of Saxony, father and son, because of their admission to the Schmalkaldic Renewed Union. Freiberg, July 7, 1537.

In Hortleder, lid. VIII, eap. 10 and in Dumont's eorp. ckipt., toin. IV, part. II, P. 146.

By the Grace of God, We Henry and Moritz, Father and Son, Dukes of Saxony, Landgraves in Thuringia. After the Highborn Princes, Mr. Johann Friedrich, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave in Thuringia and Margrave of Meissen; Mr. Philipp, Landgrave of Hesse, Count of Katzenelnbogen, of Dietz, Ziegenhain and Nidda 2c., our friendly dear cousins, brothers-in-law and godfathers, and the honorable and wise, our dear specials, mayors, Rathmanne and guildmasters of the cities of Ulm, Augsburg, Magdeburg and Brunswick, for themselves; and of the also highborn princes, Mr. Philipsen, Mr. Ernsten and Mr. Franzen, Gebrüdereund dukes of Brunswick and Lüneburg; Mr. Ulrichen, Dukes of Würtemberg and Teck, Count of Mümpelgart; Mr. Barnim and Mr. Philipsen, Cousins, Dukes of Stettin, Pomerania, of the Cassuben and Wenden, Princes of Rügen, Counts of Gutzkow; 1) Mr. Wolfgang, Mr. Hans, Mr. Georgen and Mr. Joachim, Cousins and Brothers, Princes of Anhalt, Counts of Ascanien lind Lords of Ber-

1. See the first note to No. 1263.

192 Section 1: The renewed Schmalk. Bund. No. 1265 f. W. xvii, 253-255. 193

bürg, our friendly dear cousins, brothers-in-law and grandparents; and of the well-born, honorable and wise, our dear faithful and special, Gebharden and Albrechten, brothers, Grasen of Mansfeld 2c., also of the masters, mayors, aldermen and decreed councillors and commoners of the Upper German, Saxon and maritime cities named below, as Strasbourg, Frankfurt, Constance, Esslingen, Reutlingen, Memmingen, Kempten, Lindau, Biberach, Isni, Bremen, Goslar, Hanover, Göttingen, Eimbeck, Hamburg and Minden, as their beloved and their united relatives, and as we, by the grace, providence and providence of Almighty God, have come to the knowledge of His holy, pure and only beatific Word, and have accepted the same, also their beloved, and their religion; Therefore we should and will be justly grateful to his omnipotence: At our friendly and gracious petition, request and desire, we have accepted and received the Christian and unquestionable understanding of their beloved, according to the thought of the Electors of Saxony, the Landgraves of Hesse, and those of Ulm, Brunswick, Augsburg and Magdeburg, under their love and their seals, made and delivered to us a letter of acceptance, and such understanding is the content, as is written from word to word hereafter: 1) By the Grace of God we Johann Friedrich 2c.

As we publicly confess with this our letter against male, we speak and promise also by our princely dignities and faith that we will keep the above mentioned Christian understanding. We publicly confess with this letter against men, speak and promise by our sovereign dignities and faith, that we will live and comply with the above Christian understanding, which is meant only for salvation and defense against violence, for the duration of years and time in all matters, points and articles, with the addition of body and good, as much as it binds and obligates us and our heirs, faithfully and firmly, and not to be or do contrary to it, or to create to be done by ourselves or anyone else, by any means, as such may be conceived.

If in the aforementioned time, according to the will of God, our brother and co-believer assaults us with his principality and land, then we and our dear son shall and will also accept the aforementioned constitution established by our cousin, brother-in-law, grandfather, faithful and special one for the purpose of defense, and let ourselves be put on the same basis as others, according to the possibility of the assaulted and responsible lands, and also comply with it faithfully; everything honestly, faithfully and safely.

1. No. 1264.

We, Duke Heinrich, have knowingly affixed our seal to this letter for ourselves and our dear son, Duke Moritz, as a firm and true document, and have also signed it with our own hand next to our beloved, which is given at Freiberg, after the birth of Christ, fifteen hundred, then in the seventh and thirtieth year, on Saturdays, after the Visitation of the Virgin Mary July 7.

Henry, Duke of Saxony. Moritz, Duke of Saxony.

1266 Agreement between King Christian of Denmark on the one hand, and Elector John Frederick of Saxony and the rest of the Schmalkaldic United on the other, established for the protection of the true faith.

at Brunswick, April 9, 1538.

In Hortleder, lib. VIII, eux. 13, p. 1342; in Dumont's eorp. eipl., torn. IV, pLrt. II, p. 162 and in Lünig's Reichs-Archiv, part. spso. eont. I. cont. II, P. 207.

By the Grace of God, we Christian, King of Denmark, Norway, Wends and Goths, Duke of Schleswig, Holstein, Stormarn and the Ditmarsen, Count of Oldenburg and Delmenhorst, on one; and by the same Grace, we John Frederick, Duke of Saxony, Archmarshal and Elector of the Holy Roman Empire, Landgrave in Thuringia, Margrave of Meissen and Burgrave of Magdeburg, on our behalf and for the sake of the High Lord. Archmarshall and Elector of the Holy Roman Empire, Landgrave of Thuringia, Margrave of Meissen and Burgrave of Magdeburg, for us and on behalf of the Highborn Prince, Lord Johann Ernsten, also Duke of Saxony 2c., our friendly dear brother 2c.; Ernst and Franz, brothers, Dukes of Brunswick and Lüneburg 2c.; Ulrich, Duke of Würtemberg and Teck, Count of Mümpelgarten 2c.; Philipp, Landgrave of Hesse, Count of Katzenelnbogen, of Dietz, Ziegenhain and Nidda 2c.; Barnim and Philipp, Gevettern, Dukes of Stettin and Pomerania, of Cassuben and Wenden 2c., Princes of Rügen, Counts of Butzgau 2) 2c. ; Wolfgang, Hans, Georg and Joachim, Gevettern and Gebrüdern, Princes of Anhalt, Counts of Ascanien, and Lords of Bernburg 2c. ; Gebhard and Albrecht, Gebrüdern, Counts and Lords of Mansfeld; Philipp, Count of Nassau and Sarbrücken; Heinrich, Count of Schwarzburg, Lord of Arnstadt and Sondershausen 2c.The following are the members of the council of the cities named: Strasbourg, Augsburg, Frankfurt, Constance, Ulm and Esslingen,

2. See here first note to No. 1263.

194 Cap. 17 The renewed Schmalkaldic League. W. x vn, 255-2S8. 195

Reutlingen, Memmingen, Kempten, Lindau, Bibrach, Isni, Magdeburg, Bremen, Goslar, Hamburg, Brunswick, Hanover, Göttingen, Eimbeck and Minden, on the other part: publicly confess in this letter for ourselves and our descendants and heirs against all men:

2. after the almighty God has let his salvific word appear and be proclaimed in our kingdom, counties and principalities. counties, dominions, cities, territories, and those belonging to them, to the salvation and consolation of many Christian believing souls, and it is clear that some many, of high and low ranks, who are still of the papal faith, bear noticeable vexation and discomfort therein, and are undoubtedly seeking ways and means how they may bring the Gospel and our Christian religion out of our kingdoms, counties and principalities, countries, cities, and territories, and re-establish their opinion in the same. God Almighty may graciously prevent this; also, for the promotion of the same, a famous council was previously scheduled for Mantua by Pope Paul III, and has now been moved to Vincent, and the time has been extended to the first day of May. From this, all kinds of obnoxious, disorderly and unchristian declarations against the Word of God and our Christian religion, as well as all kinds of violent and burdensome actions, where the Almighty God would not graciously avert them, are to be feared.
3. so that in the same, by God's help, Christian, honest prudence may be used, and we may all stick to our holy Christian faith and religion, and to the Confession, which was handed over to Imperial Majesty in public audience at Augsburg. Majesty in a public audience, upon which we the aforementioned Electors and Princes, Counts, Cities and Estates have established our common understanding, which we have previously established among ourselves, which we have recognized and recognize as divine, true and right, and also intend, with the granting of divine assistance, to persevere in this until our end; also to remain as much as possible in our kingdoms, principalities and principalities, lands, people, cities and territories, for the advancement of the glory of God and His holy word, and not to be urged away from it: we have committed ourselves to His omnipotence for praise, for the promotion of His honor and holy word, also for the handling of a "united" Christian being, life and common peace, for right permissible Christian resistance, for us and our descendants, He

We, the members of this congregation, the members of the family, and the members of all men, are gathered together, united, bound, and obligated in the name of the Lord for the time named below, and do so in and by virtue of this letter. Thus:

4. That we, King Christian, on the one hand, and we, the lords and princes, also counts and cities, together, on the other hand, shall faithfully and wholeheartedly honor, promote, mean, and warn one another from harm, and, in matters reported, shall defend our holy Christian faith, the Word of God, and holy religion, and what hangs on it or may come from it; or if another matter were to be brought against a part of us or of the members thereof, and it were thought that thereby the gospel, our Christian religion, and what depends on it, would be removed from our kingdoms, churalships and principalities, lands, people, cities, and the same belonging to them, The members of the council,.
5. that also in such matters of the Concilii, or what else is to be done about it, one party shall do nothing finite and conclusive without the other, but what we therefore shall, shall and must do, that we, our heirs and descendants, shall and will act, conclude and undertake with united counsel, without all opposition and danger. But that the other part of such action, dangerous or without good Christian causes, neither special nor external, or Christian and honest conditions not refuse.
6. And if it should come to pass that we do not hope to God that some party among us, or of the members thereof, by someone, who would be of high or low standing, no one excluded, would be subjected to violence or action on account of our holy religion, or what is pending to it, and thus be subjected to bring them from the word of God, his holy gospel and our Christian religion; or if another cause were to be brought forward against a part of us for a sham, and yet the opinion were that thereby the gospel and our Christian religion, and what is dependent on it, would be expelled from our kingdoms, churisdoms and principalities, lands, people, cities and their appurtenances, and the papal faith would be reintroduced therein,

196 Section 1: The renewed Schmalk. Bund. No. 1266. W. xvn, 258-260. 197

The other party and its relatives shall then come to the aid and rescue of the overdrawn, burdened and attacked party, as will be reported hereafter, and shall not abandon the other in the same part.

7. And namely: If it should happen that we, the above-mentioned lords and princes, also counts and cities, all and especially, in the form indicated, would be raped, attacked or assaulted by someone, which the Almighty God may mercifully avert from us: then we, King Christian, our descendants and heirs, shall pay to the same raped or attacked state, or to the same descendants' heirs and their guardians in general, once three thousand servants at our expense, and within the next six weeks, if we are admonished to do so by the two princes and rulers of Saxony and Hesse, or by one of them, or after the death of both of them (which God Almighty will mercifully prevent) by the common captains of the Christian Order; and such servants shall serve their loved ones and them, or their heirs and guardians, for three months, and the months shall begin when the same servants of the Elector of Saxony or the Landgrave of Hesse reach land, whether in the reported lives of the Electors and Princes of Saxony and Hesse, or after their death; And the same servants of their loved ones and vow and swear to them to be faithful, kind, obedient and careful, to serve faithfully, not to refuse any march, storm, battle, or what is due in such dealings, but to do everything that is due to pious, honest men of war and well deserved. And if the three months have passed and the warring party is then in further need of the same servants, and wishes to retain and pay them, then the servants shall continue to serve.

8 And so that this may be done the more conveniently, the servants shall be accepted and appointed in this way, and we shall be relieved of the assistance. And this we shall do and execute at the request of our friendly dear hosts, Mr. Johann Friedrich, Duke of Saxony, Archmarshall and Elector, or Mr. Philippsen, Landgrave of Hesse, Count of Katzenelnbogen 2c., in the name of common understanding, or after both their deaths at the request of the common captains of the Christian understanding.

(9) Again, as stated above, it shall also be observed by us, the sovereigns and princes, also counts and cities, as mentioned above. If it should happen that the royal dignity, or its land and people, in the above-mentioned form and for the sake of the above-mentioned things, are attacked, damaged or assaulted, then we, the above-mentioned sovereigns and princes, also counts and cities, together, may demand that his royal dignity, or where it is in the above-mentioned form, be respected. If they should die in the course of the nine years, we shall pay to his royal heirs or regents three thousand servants at our own expense and send them to him within the next six weeks, if we are admonished to do so by his royal heirs. And such servants of His Royal Dignity shall also be obliged to serve their descendants, heirs, or regents in order, for three months, and the months shall begin at the time when the same servants reach His Royal Dignities in Denmark Kingdom or hereditary lands; also the same servants of His Royal Dignity shall vow and swear to serve His Royal Dignity for three months, and the months shall begin at the time when the same servants reach His Royal Dignities in Denmark Kingdom or hereditary lands. The same servants of his royal dignity also vow and swear to be faithful, loyal, obedient, and worthy of their royal dignities, to serve faithfully, not to refuse any march, storm, and battle, or what is proper in such dealings, but to do everything that is due and proper to pious, honest men of war. And when the three months for which we are to pay them have passed and expired, and the servants of these men are to be paid as servants, they will be paid as soldiers. W. would then need the same servants further, would want to keep them and pay them himself, then the servants shall continue to be obliged to serve.

(10) And so that this may be done the more conveniently, the servants shall be accepted and appointed in this way, and so that we may have help. And shall S. kön. W. shall seek help from us, the above-mentioned Duke John Frederick, Elector, and Landgrave Philipsen, or after both of our deaths from the captains of the understanding. However, since one of their loved ones is still alive, we should not and will not ask for such help anywhere else, except from one of their loved ones who survives the other, who should then also provide us with such help.

(11) Whether the demanded party should think that the servants would be difficult to obtain, and would prefer to send routers or give money, or send and give some routers, some servants, some money, that all this should be at his will. But that the number of three thousand servants or forty thousand guilders, as will be reported hereafter, be fulfilled. So should

198 Cap. 17 The renewed Schmalkaldic League. W.xvii,2so-2ss. 199

For every three and a half hundred horses, ten thousand florins shall be paid to him for three months, according to the reported currency, and henceforth according to the number of horses the required part would send, and deducted. Namely, if he sends five hundred equipped horses, twenty thousand florins will be deducted; if he sends eight and a half hundred horses, thirty thousand florins will be deducted; if he sends one thousand equipped horses, forty thousand will be deducted. And then the demanded shall send and keep such horses at his own cost and damage.

(12) One thousand servants shall be counted for every thirteen thousand, three hundred and three hundred and thirty guilders, seven Schneebergs for three months; and if he sends servants, according to the number of servants and such reckoning, deduction shall be made for his help.

If the demanded part wants to give money, this shall also be at his will, and he shall then send forty thousand florins for the three thousand servants, one and twenty snowbergers, six and twenty albus or fifteen batz for one florin, in the time of six weeks, according to demand, to Hamburg, and there pay the demanded part, without all stay and danger. However, payment shall be made in gold florins or gold coins, and one gold florin for every six and twenty Schneebergers, and one gold coin for every five and twenty Schneebergers, and the required portion shall be sent to the person requesting help, and his servants shall deliver it.

14. and this agreement shall continue for the next nine years, starting from the Sunday Invocavit March 10, from the date of this letter. Unless the same

would extend longer with all our knowledge and will.

15 We, the above-mentioned King Christian, as well as the counts and cities, all and every one of the above-mentioned points and articles, promise and pledge to keep, execute and enforce them steadfastly and firmly, by our royal, churonic and princely dignities, as well as countly honors and good faith and true words, without any danger.

16. In witness whereof there are five of these letters of understanding, one lute, erected, executed, and with our, King Christian's, sigil attached, for us and our descendants and heirs; and then with our, the aforesaid John Frederick, Duke of Saxony and Elector, Ernsten, Duke of Brunswick and Lüneburg 2c, Philipsen, Landgraves of Hesse, Counts of Katzenelnbogen 2c., Albrecht, Count and Lord of Mansfeld 2c., and mayors and councillors of the cities of Brunswick and Hamburg> for ourselves, and also on account of all our above-mentioned princes, counts, cities and estates. To which seal we have given other princes, counts, cities and estates, from their beloved, royal and princely sovereigns and from them, for ourselves and for all the above-mentioned princes, counts, cities and estates. The same letters have been delivered to us, King Christian, and the other four princes, counts and cities mentioned above.

Done and given at Brunswick, on Tuesday after the Sunday Judica April 9, and Christ our Lord's birth in the 1538th year.

Christian.

Johann Friedrich, Churfürst, m. x. sst. Ernst, m. p.

Philip, Landgrave of Hesse, M. p.

The second section of the seventeenth chapter.

Of the king's actions in England with the protesting estates.

1267 Philipp Melanchthon's letter to King Henry VIII in England, in which he makes himself known to him and admonishes him to reformation and to refrain from persecution. Wittenberg, March 13, 1535.

This letter is found in Melanchthon's epist. lid. I, p. 45, according to Peucer's edition, and in the 6orx. Lsk., vol. II, translated from the Latin by LL A. rittet.

1st Most Sublime King and Most Gracious Lord! Although I had many important reasons to write to your Royal Maj. and the good opinion of all scholars full of your kindness and grace was known to me, I would still have hesitated to do so out of stupidity, if Mr. D. Antonius, 1) my good friend, had not invited me to do so.

1. D. Robert Barnes (or Barns), who was called D. Antonius at Wittenberg. He is in the summer term

200 Section 2: Actions with England. No. 1267. w. xvn, 262-265. 201

who, although having recognized their heroic virtues before, nevertheless inflamed me by telling of their praise in such a way that I hoped that Your Royal Majesty, according to their excellent wisdom and grace, would receive my letter in the best possible way. Maj., according to their excellent wisdom and grace, would receive my letter in the best possible way, especially if I wrote not only about my reverence, but also something about the common best.

I want to touch on a few things about myself. What can I do according to my little wit and ability, by which I would like to show my zeal against Your Royal Majesty? But I have always been of the opinion that, because nothing is more pleasant, more popular and more divine than a pious and salutary prince, Her Royal Majesty must be loved by all righteous people because of her excellent modesty in such high power and because of her justice. Our state, and all scholars, would also owe your Royal Majesty great gratitude that your Majesty has done more than all kings and princes of our time in reestablishing and promoting good sciences, in which I am accustomed to admire their happiness and wisdom. For since your royal majesty has considered that the care for scholarship is particularly appropriate for a great prince, she has certainly seen that it is a great adornment of the common being, and that studying contributes exceedingly much to keeping the human race in good harmony and to being unanimous in religion. And it has been a great fortune that your England has produced such splendid lights of learning that we can count among them many who are to be compared with the highest men who have ever distinguished themselves by praising learning.

And when I sometimes thought of your royal majesty, then it occurred to me that now in your Britain (or England) such a golden time is, as formerly was in Egypt, when Ptolemy Philadelphus reigned, who indeed surpassed in wealth all kings of his time and did excellent deeds in war, but nevertheless was especially popular and famous among all peoples and descendants, because he held the liberal arts so valuable and promoted. Therefore, as in former times the whole human race had much to thank Ptolemy and other kings, through whom good arts had been preserved, so

1533 under the Rector Caspar Cruciger in the album (p. 149 after Förstemann's edition) so entered: D. Antonius IksoIoAias Doctor oxonicusis 20 lunij. In 1835 he was again in Wittenberg as an envoy.

will also have Your Royal Majesty to thank for it. This is the opinion of all scholars in Germany. Because your Royal Majesty has such great sympathy for scholars, I have taken the trouble to write to Your Royal Majesty and to show how much I wish to be in the good graces of such a great king. I know that your Royal Majesty values people according to their honesty and scholarship; therefore I command your Royal Majesty as a high and almost unanimous patron (or protector) of scholarship, and offer myself for all the services and favors that I am able to render according to my little fortune. However, I did not want to write to Your Royal Majesty about my affairs as well as about the common cause of scholarship, and I sincerely ask Your Royal Majesty to consider its dangerous condition.

For those who study are despised and hated not only in other kingdoms, but also in Germany, because of the unjust judgments of the people, because of the disputes of religion. It will therefore be up to their wisdom to awaken good sciences with all the more grace and to grant shelter to the expelled muses. We know that even in the past, when the sciences were almost wiped out in the whole of Europe by the Goths' war, they came out again from their island into the whole world. In this way, Your Royal Majesty will be able to make a good contribution to all descendants and to the Church. I also have no doubt that even the religious disputes could be reduced if Your Royal Majesty used their high reputation to guide other kings to moderation (or leniency) and had them deal with learned people about doctrine. For it is well known that some abuses, which cannot be cloaked at all, have crept into the church, and yet the kings do not care at all that one has a certain and simple form of doctrine. Common (or public) discord sometimes gives scholars and the wicked an opportunity to provoke the wrath of kings. However, one should have prevented that at the same time good and useful things for the church would not be curbed, nor would cruelty be practiced against the pious. The poet says very well, when he acts, how to quench the movement (and the crowd) of the people: When one sees a godly and deserving man, they become quiet and all prick up their ears; he knows how to direct the minds by his speeches and to soothe their hearts. So he wants an honest and well-deserving man to come, like your royal majesty, who, since she is older than all the kings, is a good man,

202 Cap. 17 The renewed Schmalkaldic League. W. xvn, 265-W7. 203

If you have wisdom and erudition, you will see more of them in this matter than of anyone else.

(5) Your Royal Majesty does not need to say how praiseworthy it is for a king to render service to the whole church, to the whole human race, because Your Royal Majesty understands, according to her high insight, that not only this care is commanded by God to all kings, but also that such charity will bring about an eternal and true fame among all peoples.

(6) Therefore, for the sake of Christ, ask Your Royal Majesty to take this thought well and see to it that it inclines the minds of kings to prudence, so that the pious and the wicked are not killed without distinction in order to promote God's glory.

Finally, I also ask that Your Royal Majesty graciously acknowledge this letter, which was sent out of an honest heart and good zeal, D. Anton has acted faithfully with us on certain articles, and I have given him my judgment of it in writing. I hereby assure you that I am not so attached to my opinion that I would not, if some pious and learned men should find fault with it, and we should discuss it further together, prefer their judgment to mine. May Christ keep your Royal Majesty healthy, for the salvation of many nations. From the University of Wittenberg, March 13, 1535.

1268. D. Mart. Luther's letter to D. Barnes, in which he strongly objects to the divorce of King Henry the Eighth of England.

September 5, 1531.

There are two quite different texts of this letter: one in Luääeus (completely from a manuscript of Rörer), p. 289; in the Ooä. Ootüan. 451. 402, toi. 168. 4; in the Oock. 36". b, k. 105. oIoss.; in XL. 1756, p. 721 from Amsdorf's papers in Amsdorf's hand; in Rebenstoek, eoüoqnia, tom. I, col. 235 b; in Linä86Ü, eoHoHuia, tom. I, p. 445 (incomplete) and in De Wette, vol. IV, p. 295. German in Walch at this point after Luääeus. The other text is found in Luääsus, p. 325, but incomplete; in Schütze, vol. II, p. 235 from Aurifaber's unprinted collection; in Ooci. Ootkan. 168. 4. next to the other and in De Wette, vol. IV, p. 300. German in Walch's old edition, vol. XXI, 1386. Here, as Walch has done, we share only the former text.

Newly translated from Latin.

Grace and peace in the Lord! Well, there you have it at last, my dear Antony, because you insist so impetuously and persistently.

also my opinion in the matter of the King of England.

First of all, as I have said, I like the decision of the Louvain, especially in the latter question, and with a quite sure conscience the king can follow it, indeed, he must follow it if he wants to be sure, and in no way will he be at liberty to repudiate the married queen (the wife of the deceased brother), and to make both mother and daughter incestuous. It may be that he sinned by marrying his deceased brother's wife, and that the dispensation of the Roman pope was not valid (about which I do not dispute now): but it would be a far greater and more terrible sin to repudiate the married woman, especially for this reason that both the king and the queen and the young queen 1) are always reviled as incestuous and considered so. Therefore, in my opinion, those torture the conscience of the king in vain, who urge him to repudiate only for the sake of this cause. If he has sinned by marrying, this sin has become a past one, and may, like all other past sins, be atoned for by repentance; but the marriage is not to be broken up for this, and so great a future sin need not be allowed. For how many marriages are there in the world which have been contracted by sinning, and yet they shall not and cannot be broken.

So much of this one thing. The other, may you invent it or may it be true, that the king desires a son as heir of the kingdom, but the queen has born only female offspring 2c.: who does not see that this has much less validity? Who can make the king certain that either this one (if not prevented by age) will not bear a son, or that the other one, who is to be married, will bear sons? And yet, even though it were certain that the other would bear sons

1. Instead of Lssinüla" at De Wette we have assumed with 6oä. 168, vine and binding rope rexinula. Likewise reads the other redaction.

204Section 2: Acts with England. No. 1268. W. xvn, 267-270. 205

it will not be permissible to repudiate the former, especially as a "blood shame," and likewise to brand the offspring with the stain of blood shame, that is, to inflict on them this exceedingly severe punishment without cause. Before I would approve such a violation, I would rather allow the king to marry another queen and, following the example of fathers and kings, to have two wives or queens at the same time.

But that they cite Deut. 18:16. that it is against the divine right to take the wife of the deceased brother, I answer first of all: If they want to follow the law of Moses and push us under this lawgiver, then they will bring about that in this case the king is not only required to keep the married queen, but if she had not yet been married, to marry her in any case and to raise his brother's seed, 1) since the deceased brother left no children by this woman, as is clearly and expressly written in Deut. 25, 5. ff. is written. If we are forced to keep the law of Moses, we will also have to be circumcised for the same reason and keep the whole law, as Paul concludes Gal. 5, 3. Now we are no longer under the law of Moses, but in such matters subject to the civil laws, just as Abraham and Nahor and Amram 2) were before Moses, who also took their brother's daughters as wives, to a degree that was later forbidden by Moses, and Jacob took two sisters, also against Moses, who later forbade his people such marriages. Therefore, that law, which was not before and ceased again after Christ, does not bind the king, nor does it require him to be cast out. But the law of God and divine right, which decrees that marriage continues until death, binds him. For the sake of this law, Christ also abolished the letter of divorce handed down by Moses, saying Matth. 19, 8: "From the beginning it was not so.

1. Before HllanäoHlliäem De Wette has a punctum.
2. "Amram" set by nns (after 2 Mos. 6,20.) instead of in the editions. Only Rtzktzustoelr offers: Xra. That "Aaron" must be wrong is obvious.

Therefore, it only remains that if the king has sinned by taking his deceased brother's wife, he has sinned against a human or civil law; but if he should violate her, he will sin against a purely divine commandment. Now if the law of God and the law of men contend against each other, the law of men must depart lest sin be committed against the law of God, and not must the law of God depart lest sin be committed against the law of men. But sin against a law of men can either be remitted or dispensed with, so that we are not compelled to sin against the law of God or to dissolve the law of God.

But in the divine law the matter stands in such a way that a higher law cancels the lower one. For example: it was a divine law to keep the Sabbath, but nevertheless another divine law abrogated this law, namely the law of circumcision, and it was permitted, yes, one had to perform circumcision on the Sabbath (as often as this was the eighth day after birth), as Christ himself Joh. 7, 3) 22. and so the law of the Sabbath gave way to the law of circumcision, it was sinned against the law of the Sabbath, or rather, the law of the Sabbath gave way and was abolished in this case. Yes, every Sabbath there was sacrifice early and evening, and all the works of the priests were done in the temple, and yet the priests were blameless, as Christ concludes Matt. 12:5. Yes, even circumcision gave way to the new commandment of God, by which the people were commanded to go out of Egypt; the whole forty years, as long as this new commandment lasted, they were not circumcised without sin. Likewise, it was a divine law that the shewbread should be eaten only by the priests, and yet David, a layman, ate it without sin, for another law of God commands that one should practice love toward one's neighbor who is in need. And there are many such examples where one divine law overrules another divine law. And

3. Incorrect in the editions: lokann. V.

206Cap . 17 The renewed Schmalkaldic League. W. xvu. 270-272. 20?

What do the rulers and wielders of the sword and enforcers of the laws do by killing, by robbing and confiscating the goods of the guilty, other than to abrogate these divine laws: "Thou shalt not kill, thou shalt not steal"? namely, since they are commanded by another divine law to kill, to rob and to punish the guilty, which they would not be allowed to do without another law, since that law: "Thou shalt not kill" forbids it. How much more must here also this human law: Thou shalt not take the wife of the dead brother, give way to this earlier and greater law: A man shall not leave his wife, and they shall be one flesh. Yes, even if this were a divine law, Thou shalt not take thy dead brother's wife, yet it must give way and be abrogated because of the law of marriage as the higher; as is said above in the examples, how often a divine law has abrogated another divine law.

But we still want to assume (which is not true) that the law of Moses is still valid and connects us Gentiles, since it says 3 Mos. 18,16: "You shall not bare your brother's wife's shame": what do they want to make out of this text? Because the text speaks of the living brother, not of a dead one. But since the law Deut. 25, 5. ff. decrees the opposite, that the brother should take the wife of the deceased brother, it is obvious that this passage speaks of the living brother (who could have one or perhaps several wives), as John the Baptist from this passage (as is evident) chastises Herod that it was not proper for him to have his brother Philip's wife, namely, since he was still alive. Therefore, the vile teachers cannot make anything certain from this passage, even though the Law of Moses binds us Gentiles. How much less will they do anything, since it does not bind us Gentiles.

You will say: in this way you will teach that we are also not joined by any law of God, that we should not take daughters, sisters, mothers, since the law of Moses forbids them, and yet the law of Moses does not join the Gentiles now. I answer: that these marriages are forbidden by the natural law of God.

The law is forbidden and incestuous. This is sufficiently proven by the fact that no example is found in the Scriptures before, under and after the law, and without example and law one may not subject oneself to any thing. And with this, God has sufficiently indicated that He condemns such marriages. But to take the wife of the deceased brother, for this there are examples and laws. But they argue that from the law Deut. 25, 5. ff. it follows that someone can or even must marry his daughter, as if Athniel had left his wife Achsa, the daughter of his brother Caleb, 1) at his death, then Caleb would have been forced as the brother to marry the wife of Athniel, his daughter. Who does not see here the malicious striving to defend an evil cause? as if they indeed did not know or should not know that one law cancels the other, in case 2) they contradict each other, as said above. Therefore, even though Caleb would have been required by the law of Deut. 25 to marry his brother's wife, because his brother's wife is his daughter, this is forbidden by another, greater law, and he is required to refrain from it, and so the law of Deut. 25 gives way to the other law, namely the natural law with us, and at the same time to the Mosaic law of Deut. 18, 17. Therefore, it is nothing that they want to establish by this law of Deut. 25 that of Deut. 18, which speaks of the living brother or at least in a vague way, and to reject any marriage according to the law of Deut. 25, since they do not see that by this rejection they completely abolish the law about the marriage of the wife of the deceased brother, which, however, by the glorious example even of Ruth, who attracts this law Ruth 4, 5. 10 (although Boaz was not the brother), and by the testimony of the Gospel Matth. 22, 24. ff. of the seven brothers who had been the husbands of one and the same wife. And one must not pretend sophistically that brother means a relative at this point, otherwise the same objection would also be

1. Athniel was not the brother of Caleb, but "the son of Kenaz, Caleb's brother," Jos. 15:17.
2. Here we read with the codices, vine and binding rope: yuo oasu instead of: quas oMu at De Wette.

208 Section 2: Actions with England. No. 1268 f. W. xvn. 272-274. 209

3 Mos. 18 have validity. Then the text itself 5 Mos. 25 does not suffer it, since it repeats the word "brother" so often and gives commandments of brothers "who dwell with one another" 5 Mos. 25, 5.. Also, the evasion is not enough to calm the consciences, so it must not be allowed to trouble them.

But here they say that the law Deut. 25 was a ceremonial one, which must give way to the law Deut. 18, which was a moral law. For the things concerning ceremonies would have ceased, the moral things would not have ceased: to this I answer: Those bribed 1) interpreters may say what they will without all sound judgment, so we say on the other hand: the law 5 Mos. 25 was in truth a moral law, because it served in fact the community for the preservation of the families and for the retention of the hereditary property, used to obtain heirs, that is, to increase and strengthen the community: just as it is truly useful to the community and a good custom (morale) that one cultivates the field at this or that time, in this or that way, so that it bears the more abundant fruit, because by this way goods are brought about. Under Moses there was not this opposition of the laws, since both laws had validity and were kept. Therefore, both are now abrogated. Therefore, they may refrain from insisting on Deut. 18, or let both remain unharmed.

Therefore, the king is obliged to keep the married queen at the risk of bliss and eternal damnation. This is proved thus. First, it is not certain that it is forbidden by natural or divine right to marry the wife of one's brother, but only by a given (positivo) right. For the lawgiver Moses, as I have said, is dead and nothing to us. But marriage is divine and natural right. Now where the divine and the given right dispute with each other, the given right must give way to the divine. That is why Christ also abolished the law of divorce in Moses, in order to establish the divine law of

1. According to the other relation, aorrupti is to be translated here by "bribed".

Marriage. Therefore, if the King of England has sinned by marrying the wife of his deceased brother, he has sinned against a human and civil law. If the emperor and the pope, where he reigns under civil authority, have relaxed their laws to him, he has not sinned at all, because the same God who approves of the civil law given by the emperor also approves of the law relaxed by the emperor, because he has given him the power to give and relax laws, and, I say, the binding and loosening key in the country that is subject to him. But if the king should reject the queen, he will most grievously sin against the divine law, which saith Matt. 19:6, "What God hath joined together, let not man put asunder." Man, that is, no human laws can separate what God has joined together, whether by decree or by forbearance, because His joining together, whether by law or by human deed, is higher than a human decree. Therefore, if these laws now contend against each other, let it be provided that the King of England do not keep a human law and sin against the divine, but that he keep the divine law; let it be remitted to him if anything be sinned against the human law. Let it now be that the divorce takes place: she is the queen and will be the queen of England, and she is wronged before God and men.

1269 Protestant Envoys' Letter to King Henry VIII of England, Defending the Articles Rejected by the King and His Bishops. London, August 5, 1538.

This and the following document is found in des Gilb. Burnet trist, rek. eeel. Anglic. pari. I, aää. n. 7. 8,

p. 252.

Translated into German by M. Aug. Tittel.

1 Most Sublime, Most Great King, Most Gracious Lord! Whether we know well that Your Royal Majesty is occupied with many and heavy affairs, both on account of your own realm and on account of your own kingdom

210 Cap. 17. dei? renewed Schmalkaldic League. W. xvn. 274-277. 211

and the provinces belonging to them, as well as important matters concerning foreign kings, princes and potentates, which reach Your Royal Majesty almost daily. Maj., and we, in accordance with the respect due to Your Royal Majesty, desire nothing less. Maj., we desire nothing less than to send Your Royal Maj. Maj. either with frequent letters or other things, and to interrupt her concerns for the common good: so we have nevertheless, for certain reasons, which we hope will shine in the eyes of your Royal Maj. Maj.'s eyes, we have found it good to write to Your Royal Majesty again. Maj. once again, in the certain hope that Your Royal Majesty will accept such a letter after its worldly publication. Maj. will receive such a letter for the best, according to their world-renowned kindness, wisdom and erudition.

For since we have long since presented to Your Majesty the messages commanded to us by Our Serene Highnesses. Since we have long since presented to Your Majesty the messages commanded to us by His Serene Highness the Princes, and have also, at Your Majesty's request, discussed the articles of the Christian religion with some of the most reverend and learned bishops and teachers of divine learning for almost two months, and, praise be to God, have come so far that we firmly believe that there will be an agreement between Your Royal Majesty and our Princes, and their adherents in the matter of religion, as well as between divine scholars and subjects on both sides, we have come to a conclusion. Maj. and our princes, and their associates in the matter of religion, as well as scholars and subjects of God on both sides, a firm and steady unity in the true doctrine of the Gospel, for the praise of God Almighty, the best of the Christian Church and the destruction of the Roman Antichrist, and we cannot wait for the further disputation of the abuses. Maj. (who, by the grace of God, seeks to promote the evangelical doctrine with untiring diligence and care) in our letter, and also to make known our opinion about certain articles of the abuses (about which, after our departure, Your Maj. will, no doubt, allow the same bishops and divine scholars to hold further discussions in order to examine the truth). We are thereby assured that Your Majesty, in the honor of Christ, will direct that she not only have a pure doctrine, but also finally put an end to the ungodly customs and ceremonies introduced by the Roman Church, and instead establish services and ceremonies that are in accordance with God's Word. For Your Royal Maj. Maj. will, according to their great wisdom, easily see that the pure doctrine will never be established or preserved, unless the abuses are also put aside, which go straight against God's word, and both the Roman antichrist's tyranny and idolatry have so far been set in motion,

than preserved. For as the weeds wither and die when the roots are cut out, so there is no doubt that when the ungodly abuses and idolatry of the Roman bishop, as the foundation, have been uprooted and eradicated, his tyranny will then fall completely and perish. If this does not happen, however, it is to be feared that it will soon sprout up again at the slightest opportunity.

3. But these three pieces are almost the reason and the main work of the papal tyranny and idolatry, which, as long as they exist, neither the doctrine of religion can remain pure and whole, nor the godless rule of the Roman bishop can be eradicated from the bottom up, namely, the prohibition of both forms of the sacrament in the holy night meal, The prohibition of both forms of the sacrament in the holy night meal, the silent mass, and the prohibition of priestly marriage, which are so contrary to God's commandment, and are also contrary to common respectability, that from this alone it can be assumed that the Roman pope is the true Antichrist, and the author and founder of all idolatry, godlessness, error, and disgrace that have been introduced into Christ's church. Of which articles I have sent a few to Your Royal Majesty. Maj. in good, honest zeal, and leave it to your Maj., as a most wise, perceptive and learned prince, to judge, in the certain confidence that your Most Serene Maj. Maj. of our princes and united estates will not disapprove of the advice and order in these articles or speak unjustly.

I. Of both shapes.

(4) First of all, we hold, most high and mighty King, that no one will deny that Christ's doctrine, commandments and ordinances take precedence over all other commandments, statutes and ceremonies of men. For since he is the life and the truth, he cannot err; but all human things, especially in divine matters, are uncertain and doubtful. But it is known that Christ Himself instituted both forms, saying, "Drink ye all of it," and that Paul taught the same, saying 1 Cor. 11:28: "Let a man examine himself, and so let him eat of the bread, and drink of the wine." In which passages not only priests, but the whole church is spoken of. For some to conclude that Christ alone spoke to the apostles, and that therefore both forms belong to the priests alone, is a bad and wretched conclusion. For in this way it would follow that the other form should not be administered to the laity either, for Christ has not commanded anything else,

212 Section 2: Actions with England. No. 1269. W. xvn, 277-Wo. 213

It is not necessary to give the body to the laity, so that both forms remain instituted for the priests; but one must conclude that either such a command of Christ concerning the sacrament applies to all, both priests and laity, or that the laity must be completely excluded from the sacrament of the body, because nowhere else in the Gospel, except where he gave the body and blood to the apostles at the same time, is there an institution of the sacrament for the laity. And therefore Paul shows that it applies to all, because he adds: "And drink of the cup" 2c. For the fact that they say that 2) the division of the sacrament was ordained by the church under one form for some urgent reason, and that there is as much under one form as under two forms, serves no purpose. For who does not see here that it is Christ's command and institution that is being acted upon, which far outweighs the power and opinion of all men. For the church reasonably abstains from such liberty as to make indifferent things out of Christ's order; and the reasons, either of the difference of estates, or of the priestly dignity, or of the danger of burial, and the like, can never be so strong that for this reason divine orders must be changed. And also 3) no custom or usage that arises against God's commandment can be approved. It is clear, however, that the use of both forms is not only a clear commandment of Christ, but also has the approval of the holy fathers and the use of the ancient church. For thus says St. Jerome: "The priests who officiate at the holy supper and administer the blood of Christ to the people. And Pope Gelasius denounces the distribution of the Sacrament of the Body and Blood of the Lord, calling it a great theft from the Church.

Moreover, the Greek church still has the use of both forms, which resisted the tyranny of the pope and never wanted to take his yoke upon itself. And the histories testify that both in Germany and in many other countries and provinces the true communion custom has been preserved, but finally overcome by the banishing rays of the Roman Antichrist, so that he frightened and conquered almost the whole world, as it seems, changed the right usage, But to which now, by God's special grace, our princes as well as others who confess the doctrine of the Gospel, having recognized the truth of it, have turned again, and have freed and saved themselves and theirs, in a cause so salutary to the whole church, from the tyrannical papal yoke which they threw off.

6 For whatever causes the pope has had, against Christ's commandment and appointment, against the mei

Your Most Serene Royal Majesty will easily see that the Holy Fathers' decision, against the habit of the whole Christian Church to mutilate the Sacrament and to deprive the laity of the Blood of Christ in an ungodly manner, is not the only one. Maj. will easily see. It is at least quite probable that he thereby wants to increase his and his clergy's majesty and prestige, and to make a great distinction between laity and priests. For the opponents still cry out: laymen must be satisfied with one form, as if they possessed a sovereignty (or kingdom), and thus they could command that Christ's good deeds also be withdrawn from men, for which they should rather, if they wanted to do their office, allure and invite everyone. But how do Christ and Belial agree? What does the pope have in common with Christ's institution, as whose outermost adversary he presents himself, and to whom he is thus contrary in this and other salutary articles of the Christian religion, and has had to depart from the Scriptures, yes, has had to condemn the doctrine conforming to the Gospel, so that one would obviously see that he is the Antichrist, of whom the Scriptures have proclaimed such things beforehand.

II [From the Breastfeeding Mass.

(7) In the other article, on the silent mass, it is fully seen that the Roman pope has completely suppressed and darkened the Christian religion, that Christ's good deed, who redeemed us with his death, and who alone is the sacrifice and atonement for our sins, has been completely taken away, and instead an idolatrous service, for the atonement of sins, has been introduced into the church, and that the church has thus been miserably blighted and disturbed with its errors and profanations. For since the mass is or should be nothing else than a communion and meeting, as Paul calls it, and since it was not used differently in the time of the apostles and the ancient church, as can be clearly seen from the holy fathers, it has finally become quite another work, which completely conflicts with the communion and proper use of the mass, of which they teach that it deserves grace for the sake of the mere act (or performance), and takes away the sins of the living and the dead.

(8) How much this opinion departs from Scripture and offends the honor of Christ's Passion, Your Most Serene Majesty will easily see. For if it is true that the mass can also be administered to others and kept for them, that it takes away sin and benefits both the living and the dead, then it follows that justification comes from the work of the mass, not from faith. But this is contrary to Scripture,

214 Cap. 17 The renewed Schmalkaldic League. W. xvri. 280-282. 215

which teaches that we are justified freely by faith for Christ's sake, that our sins are forgiven us, and that we are received into grace; consequently, that no other work helps us to forgive our sins. This is nothing more than a vain dream and a human poem, which contradicts the evangelical doctrine. For only then do we benefit from grace through the word and the use of the sacraments, when we ourselves receive the sacraments; but they enjoy it for others, which is just as much as if they were baptized for others.

(9) But it is not necessary to say how much harm such an opinion of the Mass as conferring grace for the sake of the mere act, or if it were done for others, earning them forgiveness both of venial and mortal sins, of guilt and punishment. For that it is clearly contrary to Scripture and the ancient custom of the Mass is evident from the fact that the Mass or meeting was instituted so that the believer who partakes of the Sacrament may remember what benefits he receives through Christ, and comfort and straighten his stupid, timid conscience; and thus the Sacrament must be administered to those who need consolation, as Ambrose says: "Because I always sin, I must often take medicine.

(10) And so this custom of masses has been in the church until Gregory's time, and people did not know about the silent masses, which is clear from many other testimonies, but especially from that of Chrysostom, where he says: the priest stands by the altar and lets some to communion, but rejects others. And from the old Canons it is evident that one said Mass, from whom the other priests and deacons took the body of the Lord; for so the Nicene Canon says: The deacons are to receive Holy Communion after the priests from the bishop or priests. And Epiphanias writes: in Asia communion was held three times a week, and not always mass, and the same use was taught or instituted by the apostles. This custom of the mass is also said to last in the Greek parish churches, because only on Sundays and holidays a main mass is held there; nothing is known about silent masses. And in this, the Greek Church has been much more fortunate than the Latin Church in that it has kept a better use of the evening meal, communion, or mass, and has not divided the sacrament of the body and blood of Christ, contrary to the clear teaching of the Gospel, as we said earlier, nor even the silent masses, which are so

very contrary to the sacred Scriptures. And I believe that this has been a major cause of why the Greek Church has not recognized the Roman bishop, as the author of the perverse and idolatrous doctrine, and almost all the abuses that have been introduced into the Church, as the supreme head of the universal or Catholic Church.

(11) Now some admit that one cannot approve of the dedications made in the mass for the living and the dead, and the opinions that it merits grace by mere deed, and argue that one should abolish such ungodly opinions, and on the other hand keep the silent masses in another way, namely, as thanksgivings that may be made by one or more. This citing seems to have some reason, and is a wise medicine, as Sophocles says, so that one must help weak or sick things, as he himself says. If the mass were only a thanksgiving, it could be glossed over with such a pretext. It is known, however, that it was instituted primarily to be a sacrament, to be administered by the minister to another, so that he who believes and receives it may obtain grace. And when this main purpose has been established, another follows, of thanksgiving. Therefore we must by no means depart from the institution of Christ, but retain and follow the manner of the same institution and the example of the ancient church. For nothing new, especially in sacraments, must be accepted contrary to the manner instituted by Christ and contrary to the examples of the ancient church.

12 It is also known that the silent masses are new and introduced by the Roman popes, and even today, as we have just said, are not customary in the Greek Church, except for those held in parish churches on feast days, where there is still a trace of communion. Since the silent Mass is contrary to the Word of God, and it is evident that it is only a human and fictitious service, who doubts that such a Mass can, and indeed should, be omitted without any danger, since it is contrary to the Gospel? And it is a holy and godly work to restore and bring up the true use of the mass or meeting in the church, which has been miserably deprived of it for many years by the Roman pope, that is, the Antichrist, who also still holds over the silent masses, argues for them and protects them. And that with all right. Because he sees well,

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that when the still fair has been abolished, his kingdom and tyranny, which insists entirely on it, must also be abolished and perish. For, as in the seeds is the cause of the trees and trunks: so the seed of this miserable rule, empire, tyranny, stuff and idolatry of the pope is the superstition of the still masses. For these gave birth to the whole papacy and carried it like an atlas; everything has been charted and drawn on them, for there has been nothing that one did not think to reconcile by some mass. This is how the pope invented indulgences, how he gathered an unspeakable amount of money from all over the world; this is how the endless piles of monks came into being, since they would otherwise have been of no use except to chatter away at masses and would otherwise have been a useless burden on the earth. This is and has been the godliness to which the Roman pope professes. He knows of no other religion than that which consists in silent masses, for he not only has no doctrine of the Gospel, but also hates and persecutes it quite horribly; and in a word, the pope has completely eradicated the preaching of the divine word with these masses, so that in everything he acted quite as an antichrist. For instead of one preaching of the Word, more than a thousand silent masses have arisen, that is, human and fictitious services against the divine Word, since Christ did not call his apostles, whose successors they wanted to be, to say mass, but to preach the Gospel and to administer and distribute sacraments properly.

Therefore, our most noble princes and other Protestant princes and estates have completely abolished the silent masses and, on the other hand, have had the proper use of the mass, or the communion according to Christ's institution, the apostles' example and the old church and fathers' opinion, reintroduced and restored in the church. Which mass or communion shall be celebrated with the highest reverence, and at the same time all customary ceremonies, if not contrary to godliness, shall be retained, and also German chants (in the native language) shall be added to teach the people. For St. Paul commanded that a language be used in the church that the people could understand. And since the mass has been arranged for the communion, or use of the sacrament, those enjoy the sacrament who are competent and have been examined beforehand. And the high value and use of the Sacrament is advertised to the people from God's Word with the utmost diligence and care, so that the people know and recognize what comfort it brings to timid consciences, and that they may learn

Believe in God, and ask for and receive all good things from Him.

14 And that this custom of the sacrament and the mass, which agrees with Scripture, is pleasing to God and promotes godliness, is easily recognized by Your Royal Majesty. For nothing is permitted here contrary to God's commandment, but rather everything is done according to Christ's commandment and order, who instituted this holy Communion to such an end. No evil or ungodly opinion is interfered with here, as in the papal silent Mass, whose final purpose and institution conflict with the Gospel. Nor is anything done without the highest reverence, order, and propriety befitting the Church. And we may boldly say that this proper use of the masses is more devoutly presented here than ever before the silent masses were held under the papacy, and we refer to the testimonies of the most learned men who have been sent by your Majesty and have been in such places, who have witnessed and heard all this at present.

(15) For the adversaries cry out that ours have torn down all worship, all ceremonies and all religion (or devotion), in which they do injustice to our princes and others who profess the evangelical doctrine. And it is evident that they invent and bring up all this out of desperate poison and malice against us, because the opposite is clear from the teaching of our people, which they have had printed in unison according to God's word and spread throughout Christendom, and also from the examples of our churches, in which they must confess against their will that everything is much more holy and godly than with them. 1) Yes, our people, praise be to God, are not only more devout in churches, but also conduct themselves much more modestly in all common discipline, and have more reverence for worldly authority and church leaders than ever before. And this we have to thank for the true teaching of the Gospel, which shows each one his duty better than all papal statutes, and alone teaches and prescribes correctly what true godliness and worship are.

16 It is also known that masses used for profit, as under the papacy, are shamefully desecrated, and that this abuse is very prevalent in almost all churches. For Christ's good deed, who redeemed us with his precious blood, and for nothing at all, is to be sold so cheaply and cheaply, and also to make such a work out of his nature,

1. These last words are missing in Latin. (Walch.)

218 Cap. 17 The renewed Schmalkaldic League. W. xvn, 285-287. 219

that is, to merit grace by the mere act (or for the sake of the work done), and to be imputed (or applied) for the sins of others, both living and dead: who does not see that such is great ungodliness? For what else would it be, to act and take the body of Christ unworthily, if it were not? Can anything be said that is more annoying and ungodly than what they have said about the masses, namely, that Christ with his suffering has done enough for original sin, and that the mass, on the other hand, is ordered to be sacrificed for the daily death and venial sins? Since Christ preached repentance and forgiveness of sins, but ordered the Mass and Communion to a different end, namely, to offer the Sacrament to those in need of consolation, and to grant grace to the faithful through Word and Sacrament, so that they may obtain forgiveness of sins, not that they themselves offer and present their work, which may otherwise be a human poem and a human service of God, contrary to the Scriptures. For this does not propitiate God, as Christ himself says that he is honored in vain by the commandments of men; For the fact that the mass is not such a work or sacrifice that merits grace and also helps others is evident from the fact that the mass or communion was ordained for this purpose, not that something is offered to God, but that the communicants draw comfort and receive, as it were, a pledge or certain sign of God's grace and benevolence toward them, and thus remember the death of Christ, that is, the benefits they received through Christ, who died for us and alone was sufficient for our sins. And this is given by the very words which Christ and Paul used of the Mass or Communion.

For 1) Christ saith, "This is my body which is given for you." These are the words of the divine promise, which require only faith, and by which grace and forgiveness of sins are offered to us; therefore it is not a sacrifice, that is, a work to be offered and sacrificed to God, and that is, for the remission of sins. Likewise Paul says: "Should you proclaim the death of the Lord." But proclaiming is not offering, that is, giving such a work to God that sins are blotted out. After that the evangelical text reads: "He broke it and gave it to the disciples, saying: Take and eat" 2c. Likewise: "Drink from it, all of you" 2c. But to take, to eat, and to drink, is not sacrifice; because these works do not for the mere act of taking away sins.

18. 2. Also in these words it is not commanded that we offer something to God, but rather that we take from Him, because it is added: "Given for you", and: "The blood that is shed for you", which words indicate that from those who enjoy the holy night meal, no sacrifice is given to God, but something is given to the people. After this, no one says that the laity, when they partake of the Sacrament, sacrifice. Now, as far as the Holy Communion, Mass, or partaking of the Lord's Supper is concerned, there is no difference here, since Christ instituted this sacrament at one time and moment, for one purpose and use, without distinction of those who partake of it, whether they are called laymen or priests. And just as the prohibition of both forms is only a human poem or commandment, so also that the sacrifice of the Mass should merit grace only for the sake of the deed, is a fair human opinion against the word of God, from which in important matters, namely those concerning the forgiveness of sins, salvation and eternal life, it is by no means to deviate. For Paul does not say in vain, nor does he repeat it in vain twice: "If we or an angel from heaven teach you or preach any other gospel than that which we have taught and preached to you, let him be accursed.

19. After that, 3) they can also say no reason for the difference, namely, they pretend that one sacrifices in the holy sacrament of the altar, why do they not also sacrifice who need another sacrament, for example, baptism, both of which are sacraments, which Christ, their founder and author, has completely ordered for something other than such sacrifices as they conceive. But the Roman Pontiff, in order to suppress the glory of Christ, of which he is the enemy, has had to raise the still masses, that he might draw the Christian people away from the evangelical truth and knowledge of Christ, and from the rightful use of the sacraments, and obscure Christ's grace and mercy. For those who think that the Mass is such a sacrifice, by which God is reconciled, cannot measure Christ's good deeds according to dignity, and in the terror and feeling of God's wrath and judgment will know no refuge or counsel, nor with a righteous heart (or conscience) will they be able to recognize the gifts and signs of divine love, if they believe that they are reconciled to God and their sins forgiven by a foreign work. For even those who strive to excuse the ungodly opinions of the Stillmeste, under
20. cum instead of: cujus. (Walch.)

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Those who pretend that the mass is called a sacrifice because it is a thanksgiving and a sacrifice of praise, are convinced of the opposite from their own testimonies and writings, which went out from the mass, and such opinions of the people are still stuck in their heads today about the silent masses. For so says Thomas in the little work on the Sacrament of the Altar: Why is the Mass ordered? Answer: The body of Christ was sacrificed once on the cross for original sin, so it must be sacrificed daily without ceasing for the daily transgressions on the altar, so that the church may have a gift to reconcile God that is more delicious and pleasing than all the sacrifices of the law.

20 Pope Alexander says: "Nothing can be higher among the sacrifices of the Church than the Body and Blood of Christ, and no offering is greater and more glorious than that which surpasses all others. Likewise: Truth itself teaches us to offer the cup and the bread in the Sacrament when it says, Take, eat; for sins and iniquities are blotted out when such offerings are made to the Lord. And again he says: With such sacrifices God is pleased and reconciled, that he remits the greatest sins. Gabriel from the Canon of the Mass: The Sacrament of the Holy Supper, when offered as a sacrifice to the Supreme Father, takes away even mortal sins, let alone venial ones, not only of those who partake of it, but also of all those for whom it is offered, as well as guilt and punishment, more or less, according to the nature for which it is offered. Hence Thomas in IV. dist. I. 2. qu. 2. says: The holy night meal,

as a sacrifice, also has power in those for whom it is offered, in whom it does not require spiritual life in reality (or effective deed) beforehand; enough, if such may still come (in potentia, or is there in the will): and therefore, if it find them skillful, it obtains grace for them, in virtue of the same true sacrifice, from which all grace flowed to us, and consequently it blots out mortal sins in them, not as the proximate cause, but inasmuch as it obtains for them the grace of repentance (or contrition).

(21) Of this and of such other sayings are all the books of the school teachers full, teaching with one mouth that the mass is such a sacrifice, by which men deserve grace, for the sake of the mere act, because it can be used to forgive the sins of others. What doctrine, or rather perverse and ungodly poem, whether it is in conflict with sacred Scripture or not; likewise, whether it shows the right use of a mass or not; whether it does not more obscure Christ's good deeds?

We leave it up to your royal and imperial majesty to decide whether the doctrine of the Protestant Church is to be regarded as enlightening or glorifying, or even overthrowing. Majesty, who, according to her wisdom and great insight, will easily consider, not only in all worldly but also in all spiritual learning, that our and other princes professing the evangelical doctrine have had the most just cause to abolish the silent masses and to restore and establish the proper use of the mass or communion for Christ's glory and consolation of the whole Christian church, after they have recognized from God's Word how far the silent masses depart from evangelical truth and how ungodly and idolatrous they are. For there was only one propitiatory sacrifice in the world, namely the death of Christ, which, as Paul says, was once sacrificed for us and became a gift for our sins; which the other propitiatory sacrifices of the law 1) signified, which in like manner were atonements, which purchased the righteousness of the law, that sinners might not be cast out of civil society, but have now, after the revelation of the gospel, ceased. For in the New Testament the service must be only spiritual, that is, the righteousness of faith and fruits of faith, because it brings a spiritual and eternal righteousness and life, according to (the words): "I will put my law in their hearts", and Christ says: "The true worshipers will worship GOD in spirit and in truth", that is, in true heart service and worship. That is why the Levitical services were abolished, because spiritual services of the mind and their fruits and signs would have to follow, as is clearly taught in the letter to the Hebrews.

22 From all of which it follows that the mass is not a sacrifice, so that for the sake of the mere act it merits the forgiveness of sins of others, as they have taught. And they may try to embellish and make up the silent masses as they wish, but their own doctrine of the mass contradicts and contradicts them, since they have pretended that it can be administered to others and bring them forgiveness of sins. This opinion will not be eradicated from people's minds without the restoration of the right use of the Mass, but will necessarily always remain and recur, because such a service must be in the Church, so that God may be reconciled.

23. and set (as one after legal kind cases seals or sets), the fair could a Ge-

1. l6Ait for 16A8. (Walch.)
2. Read rsstituto for rsotituto in Latin.

(Walch.)

222 Cap. 17 The renewed Schmalkaldic League. W. xvn, 290-293. 223

If the sacrifice is called a memorial sacrifice or a sacrifice of praise, it is not a sufficient sacrifice for those who do it, or for those who offer it to others, thereby earning forgiveness of sins. And what is the use, then, of leaving the proper custom and institution of the same, and introducing it into the church, where, after all, it is not necessary to depart from Christ's command and order for the sake of any human cause, poem, or opinion? For in the same way, Christmas and other feasts celebrated in remembrance of Christ could be called memorial and thanksgiving sacrifices. Yes, such sacrifices are rather the preaching of the Gospel, faith, prayer, thanksgiving, tribulations, or intercessions for others. And the main purpose of the Mass, as we have already said, is that it is a sacrament given by the minister to another, therefore it cannot be called a sacrifice, for everyone knows that there is a great difference between sacrifices and sacraments. For in the former we receive the gifts presented to us by God, but in the latter we give and offer to God what is ours.

24. But the silent masses originate from no one else than from the popes, who, from Gregory's time on, have added this, then another ceremony, chant or prayer, individually, according to their holiness or opinion, as the histories unanimously testify, until they finally built out of it the excellent work, which such founders well deserve, which is well worthy of such founders, namely, that they abandoned the proper use of the mass, threw the teachings of Christ behind their backs, and filled and flooded the whole church with stillmeffen, in which alone they sought all holiness.

(25) This, Most Sublime, Most Great King, has been explained to our princes and other Protestant estates of the empire by divine scholars and public teachers in great books, which we have deemed good to touch upon here only very briefly in this letter; not that we think that Your Most Sublime Royal Majesty does not know about it. Maj. does not know about it, rather we are completely assured that Your Majesty is aware of the Old and New Scriptures. Maj. is perfectly acquainted with the Old and New Scriptures, these and other scriptural doctrines, 1) of which also Your Royal Majesty has often spoken with the scholars. Maj. often converses with scholars in a very wise and learned manner, but for this reason we have merely done so, that we will inform Your Royal Maj. in the shortest possible time of the reasons for our decision. Maj. the cause and some of the reasons for the abolition of the stillmeffen in our country with due deference, and to point out the blasphemies of the adversaries, by which they have been criticized both by Your Majesty and by others. Maj. and otherwise with

1. "Scripture teachings" put by us instead of: "scriptures".

The people of the world would like to reject every opportunity they eagerly seek and seize to blacken the true doctrine by a thousand intrigues and poems, and to make it odious to all.

26 We also do not doubt that Your Majesty, as a learned king who loves the evangelical truth, will easily appreciate that the ordinances of silence were not instituted and carried out in an unfaithful manner, but for reasons of the utmost justice and urgency, which are based on the word of God, which alone cannot err, without all falsification and deceit, and have been abolished in our country for the glory of God and the advancement of the blessedness of mankind. And as many pranks and plots as can be devised against it, it will be seen that ours choose the safest by keeping the manner of Christ's institution. And most of the priests in our country have of their own free will ceased to celebrate the silent masses, having heard from the evangelical teaching how erroneous and ungodly they would be; and most and most learned people who have had priesthoods or parishes under other sovereignties and rulers who do not profess the true evangelical doctrine have departed from it, so that they would not have to act contrary to conscience, and have gone to the places where the doctrine of the Gospel is freely preached. For it is a very grave sin to force and drive one, especially in such a matter, which injures God's honor and runs contrary to God's word, as to a service of God.

However, so that we do not burden Your Serene Majesty with long letters, we do not want to say anything more about this article this time.

III. Of the marriage of priests.

28 There remains the third point of our intention, namely, the marriage of priests, which the Roman bishop has also forbidden against the Scriptures, against the laws of nature and all respectability, and has given occasion to many sins, defilements and vices. But so that one would not doubt that he was the very adversary of Christ, of whom Scripture clearly proclaims such a prohibition as well as other things that obviously rhyme with him, he had to give such a law of celibate priesthood, so that, as one would recognize the lion by its claws, so also the pope, that is, the Antichrist, by such a prohibition of the most holy and in everything so honest marriage. For this is what Paul says: "But the Spirit clearly says that in the last times some will depart from the faith and pay attention to the spirits of error.

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thum and doctrines of the devils, who speak lies in glibness and have a branded conscience, who forbid to become married." If this does not rhyme with the Roman bishop, who else should it rhyme with? For no one but he has most unjustly snatched marriage from the priests, and introduced the impure celibate state in its place, as something holy, and, as Paul says, in hypocrisy and through lies.

(29) Scripture leaves both priests and other men free to marry, for they are all born of one flesh, which clothed and contained the whole human race: they cannot therefore change their nature, nor put off their flesh, nor remain unmarried without a special gift from God. For "not every one (says Christ) grasps this," and Paul says, "For the sake of fornication let every man have his own wife." And especially of priests he says: "Set elders (priests) in the cities, as I commanded you, if anyone is blameless, a wife's husband, having faithful children, and not a slave." Likewise, "A bishop shall be blameless, a woman's husband." Thus it is seen that this prohibition is not made out of divine right, but rather contrary to the holy Scriptures.

(30) But some of the papal advocates argue against this: that although priestly marriage does not seem to be forbidden in sacred Scripture, yet priests have always lived without marriage from ancient times; therefore they add that in this matter it is not necessary to depart from the ancient examples, nor to permit marriage to priests. This is obviously contradicted, most gracious King, both by church and other histories, from which it is clear that the bishops and priests were married or married in ancient times.

First, Spiridion, bishop of Cyprus, who was a prophet, as church history says, had a wife, by whom he begot a daughter named Irene. After that, almost all the bishops were successively elected, and many of their sons were even made Roman bishops, or bishops of others. Sylverius, pope, was the son of bishop Hormide. Pope Theodorus was the son of Bishop Theodori of Jerusalem. Pabst Adrianus II Talari, bishop. John XI, pope, of the pope Sergii. Gelasius of the Bishop Valerii. Pope John XV, Leo's, the priest's (or presbyter's), son. And to speak briefly, it is seen from the only history of Polycratis, whose parents had seven sons in order to bishops, among which he was the eighth. But it is not possible to believe that

they should all be born of unlawful marriage, since the Canons and Conclusions of the Conciliarities (or Synods) give that if anyone should say that the priest, under pretext of priestly sanctity, despises (or should despise) his own wife, it should be a ban or a curse.

32 We also have the excellent example of Paphnutio the Confessor, who contradicted the entire Council of Nicaea not to forbid marriage, and also brought it about that nothing was commanded in this, but it was left to one freely, but not a necessity or compulsion was made of it. This history is also cited in the Pontificio (or Papal Book of Orders). And one finds a conclusion of the sixth Concilii in which the prohibition of marriage is expressly condemned.

(33) However, it is again objected (2) that priests cannot be allowed to marry because of the vows of chastity made by priests. Answer: But what this vow is, and whether it is binding, since it cannot be kept without sin, Your Royal Majesty, according to her great wisdom and learning, will judge in a highly enlightened manner. For the gift of chastity is not given to all, and this is also testified by the celibate priesthood and daily experience. And what to think of such a vow has been sufficiently discovered by the opinion of the holy fathers. For thus Augustine says: "Some say that those who marry after a vow are adulterers. But I say to you that those who divorce them are hardly sinners. And Cyprian says of the virgins who have vowed chastity: If they will not or cannot remain so, it is better that they should go free than fall into the fire through their lustful heat.

34 The above-mentioned holy fathers therefore think that such a vow should not hinder marriage, as indeed there can be no obstacle to those who have not been given the gift of chastity not marrying, for it is better to marry than to be in heat, as St. Paul says. But what is more lewd and shameful than the papal celibate priesthood? How few are chaste in it? How many are involved in fornication, adultery and such like, yes, much greater sins and vices almost daily? And if they were punished properly, they would certainly not be allowed to spread much with their fictitious and hypocritical celibate priesthood.

35 The histories also report that the priests in Germany resisted for three years and even longer against Pope Hildebrand's commandment of the celibate state, which forcibly denied them wives, and gave the most cogent reasons for their resistance.

226. Cap. 17 The renewed Schmalkaldic League. W. xvn, 295-293. 227

against such of the pope's decree and tyranny to defend the marriage. But when they did nothing, at last such a rebellion occurred against the bishop of Mainz, who had carried out the papal decree, that he had to desist from his intention, and at last the pope, after many curses, banishing rays and bulls, so that he himself sought to storm into heaven, brought it so far that the poor priests were deprived of the free power to marry, contrary to divine and human rights, and were given cause for all kinds of lechery and fornication. One also has the letter of St. Udalrich, bishop of Augsburg, 1) in which he refutes and rejects the prohibition of priestly marriage with important and emphatic reasons.

36. Because our and other evangelical princes, according to the truth revealed again by God's grace, saw what was to be held of the papal prohibition of priestly marriage, and experienced and clearly recognized everywhere that such a single state could not exist without sins and ailments, they also here 2) tore the papal bonds and gave the priests free marriage again, as the Holy Scriptures and the examples of the Holy Fathers and the ancient Church require and testify. For they believed that this also belonged to their duty, that they removed the occasion and cause of innumerable aggravations and abominations, which the single priesthood necessarily entails, and advised the common respectability in this, especially since they saw especially since they saw what abominable things happened both in the priesthood and in the monasteries of the monks and nuns, where one learns that children were often strangled, the fruits aborted, and other shameful deeds committed, which fruits only the common priesthood produced. And that is why there are now many priests in our country who have been married, and also many in the single state; and it is left to each man's conscience whether he wants to marry or not, if he only lives in such a way that he does not give offense to others. Otherwise, both the priests and the common people will be punished according to the common laws. And by the grace of God, so much has been accomplished that the consciences of those who have not been given the gift of chastity have been counselled, the occasion and cause of many abominations and misdeeds has ceased, and women and virgins, whom they often violently pursued under the pretense of piety, have been punished.

1. to Nicolaus I, Roman bishop. (Walch.)
2. Latin lacks "r"; sa ro. (Walch.)

can be sure of that. In short: that both secular and ecclesiastical offices are held in higher honor, and that priests are more respected and regarded everywhere than was ever the case in the past with the full of aversions unmarried state, we have to attribute in good part to the honorable marriage of priests.

Moreover, no one argues more vehemently and sharply against the Roman Pontiff, and teaches so much about the freedom of marriage as about the rightly asserted pure doctrine, against its suppression and obscuration, as those who have now been freed from the same yoke of the impure single state. They also take good care of their children, whom they beget by marriage, whom God will undoubtedly provide for after the death of their parents, if they have been brought up and nurtured in the fear of God. For it would be harsh to exclude priests from marriage because they have their offices and positions only for life and do not pass them on to their descendants. For in this way one would also have to forbid marriage to many others who hold public offices or otherwise serve. This, however, would do more harm than good to the common people, since it is known both from holy scripture and the sayings of the holy fathers, as well as from the testimony of the laws of nature and of the nations, and also from the judgment and applause of the wisest men, that marriage must be permitted and free for those who cannot remain single, in order to avoid greater danger.

(38) This, most noble and invincible king, we have recently wanted to present before your most noble royal majesty, in order to tell your majesty some reasons why our most noble princes and other evangelical princes and estates of the realm, in these three articles, so deviate from the Roman pope that, since they otherwise would not have deviated from the truth in other Christian doctrines, they have nevertheless decided to reject his tyranny in this. In these three articles, our most illustrious princes and other evangelical princes and estates deviate so much from the Roman Pontiff that, since in other Christian doctrines they would not have had the heart to deviate a single finger from the truth, they nevertheless decided in this to throw off his tyranny in it and, for the glory of God and the prevention of infinite shameful deeds, to persevere firmly in it. We do not want to say anything here about other abuses that the Roman pope has committed, among which the confession of the ears is to be counted first and foremost, by which he has not only turned the power of the keys to the most shameful profit and tyranny, but has also turned confession, which was otherwise so salutary for instructing and comforting the conscience, into a torture rack, and has thereby imprisoned all kings, princes and potentates under his yoke, yes, has also caused innumerable mischiefs, of which ours are aware.

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printed writings testify to what they mean, and with what reverence they allow the same to take place in our churches.

39 And it is gratifying for us to have the opportunity to present this to Your Most Serene Majesty and to leave it to your judgment. For since your Royal Majesty is gifted with high erudition, wisdom and desire for truth, and has also (not without divine impulse, or divine sense, as the poet says) eradicated the Roman bishop's tyranny from her vast realms, nor, praise God! continues to be held captive by the same ungodly opinions, we are fully assured that your most Serene Royal Majesty will not be disturbed by these important matters, which are of great importance to the Roman Catholic Church. Majesty will be able to judge quite freely and impartially on these important matters, which concern the honor of God, the salvation of the Church and the complete elimination of the Roman Antichrist, which is otherwise not the case with those who either are not learned, or do not ask for the truth, or adhere to papal people, opinions and things, or are prevented from doing so by fear, or are drawn by affections (favor or disfavor) to one side more than the other; Just as many who hang their cloaks to the wind pretend that they are hastening the pope and are devoted to the truth, who in fact are seeking something quite different. But that 1) such people neither can nor should judge from such disputes is known to Your Royal Majesty from themselves.

40. We do not doubt, however, that everyone who is learned in something and loves the evangelical truth will soon consider our, and indeed Christ's and the churches', cause to be good, for no self-interest or advantage is sought, but it is only a matter of how to remove ungodly abuses that have been introduced into Christ's church by the Antichrist, and to promote Christ's honor and righteous services, so that the consciences may be freed from the papal yoke and servitude, The only thing that matters is how to remove ungodly abuses introduced into Christ's church by the Antichrist, and to promote Christ's glory and righteous worship, so that consciences may be freed from papal yoke and servitude, and public nuisances may be eradicated as much as possible. In these things zeal is not to be punished at all, but rather to be highly praised and followed. For since this must be the main purpose and end of all well-ordered states (or regiments), that God's honor be spread, and common salvation, respectability, discipline, peace and tranquility be preserved: who then doubts that those who have the rule, and thus, as it were, their whole manner of government and

1. Instead of Huurn, Huock should stand. (Walch.)
2. In Latin, wrong qno jnrs, for tantnoa adest ut. (Walch.)'

Are not the most praiseworthy things to do in the pursuit of this goal? And because your Royal Majesty, as a most wise and learned lord, has this purpose in mind also in the government of their extensive and praiseworthy kingdoms and countries, as is evidently seen, we, who, for the advancement of the honor of Christ and the common good, have been sent as envoys to your illustrious Royal Majesty in this so praiseworthy cause, can consider ourselves justly fortunate. Likewise, we can consider ourselves most fortunate the entire subjects of your Majesty, who through divine goodness have such a king and prince, who not only possesses other royal virtues, but also earns honor and admiration everywhere because of his zeal for true godliness and for evangelical truth.

(41) It is indeed a great thing to fast the common people in certain and just laws, to protect and protect the pious, to restrain the wicked by punishments, to control injustice and violence, and to maintain peace and unity among the subjects. For who would not love and honor such a prince as a god who executes such things? But there are even greater things when true godliness is added, when Christ's honor is spread, the word of God is held in high esteem, services that are in accordance with God's will are established, people's consciences are consulted, and public offenses are cleared away; For the former concerns only the worldly life, which everyone must give up and leave when his time comes; but the latter belongs to eternal life, which is in store for pious and godly people when this miserable human life has come to an end, and on which there are great rewards both in this world and in the next. That is why God honors kings with His name when He says: "I have said that you are gods," mainly so that they may fast godly things and preserve true religion in the world. To this end the Scripture especially exhorts when it says: "Be wise, ye kings, and be chastened, ye judges of the earth; serve the Lord" 2c. The examples of the greatest kings in holy scripture, who promoted the true religion with the greatest diligence, care and effort, and on the other hand abolished false worship, give us guidance for this. This was done by David, Josiah, Jehoshaphat, Ezechias, and all the holy kings after them.

42 Since your royal majesty undoubtedly has just such a thing in mind, and has already taken great pains to promote the true evangelical religion, which was destroyed by the tyranny of the pope, the kingdom of God is now in the midst of a process of change.

230 Cap. 17 The renewed Schmalkaldic League. W. xvn. 300-303. 231

We do not want to doubt that God will bless your royal majesty's deeds and actions in such holy and proper matters and will graciously give and provide according to his good will that God will bless your royal majesty's deeds and actions in such holy and proper matters and will graciously give and provide according to his good will that God will bless your royal majesty's deeds and actions in such holy and proper matters and will graciously give and provide according to his good will that God will graciously give and provide according to his good will that God will bless your royal majesty's deeds and actions in such holy and proper matters: We do not doubt that God will bless your royal majesty's actions and conduct in such sacred and proper matters, and will graciously give and provide according to His good pleasure, that such an agreement will be reached between your royal majesty and our princes, as well as other religiously related states, which will undoubtedly be to the praise of the Gospel and to the common salvation of all Christendom, but which will all the more overthrow the Roman Antichrist. But it will overthrow the Roman Antichrist all the more and throw him to the ground. And we live in the complete hope that, beloved God, several kings, princes and potentates will fall for this so holy cause and recognize and accept the doctrine of the evangelical truth, just as up to now, by God's grace, an impressive progress has been made, that great kings, princes and cities, both inside and outside Germany, have accepted the doctrine of the divine word.

43. And one can clearly see that the people, after the truth in the writings of those who confess and teach the doctrine of the Gospel has gone out almost into the whole world, shining into their eyes, are very eager for the pure doctrine, whose prayer God will one day hear according to His goodness, and spread His word far and wide by enlightening the hearts of kings and princes. kings and princes, far and wide, so that one shepherd, namely our Lord Jesus Christ, and one sheepfold, namely the Catholic Church, which confesses the pure Gospel of Christ and keeps the use of the sacraments in accordance with it, but not a papal or Roman one, which rejects, hates and views both.

44 For the rest, we wish and pray, Most Serene, Most Great King, Most Gracious Lord, that Your Majesty, by the grace of God, will bravely continue in the work of evangelical truth that has been begun, for the advancement of the glory of Christ and the common good, and we do not doubt that Your Majesty, as a king who loves true godliness and all virtue and scholarship, will willingly do so. And we also ask Your Most Serene Royal Majesty to let us go away with an early gracious answer to our Most Serene Princes, the most gracious as it can be done, so that the convenient time to sail away may not escape us now.

(and that Your Most Serene Majesty, against whom our owed services and veneration will never diminish, will note this letter of ours in the best way, according to her world-renowned kindness, grace and graciousness, and let it be commended to us in grace. May Your Most Serene Royal Majesty be well, and may the Almighty God, for the glorification and propagation of the honor of His name and common salvation, keep you healthy for many and long years to come. Given in London, August 5, 1538.

Your Royal Majesty

most devoted and obedient Francisc. Burkard, Vice Chancellor, / George > von Boyneburg, D. / Envoy. Friederich Myconius, preacher at Gotha.

1270 King Henry VIII's reply to the Protestant envoys to the previous letter. Between August 5 and October 1, 1538.

See the previous number. The approximate time is determined from the data of the previous and the following document.

Translated into German by M. A. Tittel.

1. Your letter, excellent and respectable envoys, which you sent to me through your servant, so full of kindness and strange love towards me, we have well received and read with pleasure, in which you report that, according to the message deposited with us, with some of our appointed bishops and teachers of divine doctrine on various articles of the Christian religion for about two months, and did not doubt that between your princes and us and both bishops, divine scholars and subjects, there would be a firm and everlasting agreement in the evangelical doctrine, to the praise of God and harm of the Roman Antichrist. But since you cannot wait for the rest of the disputation or trade on the abuses, since the ships are already arriving that are to take you home again, you have considered it your duty to give us your opinion on some articles of the abuses beforehand, so that, after your departure, we may discuss them with our bishops and theologians. And since you consider these to be three main points that seem to support the cause of papal tyranny, namely, the prohibition of both forms in the Lord's Supper, the silent masses, and the prohibition of priestly ordinances.

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Before doing so, you should clearly and honestly state your opinion and leave it to our judgment and discretion, even though it is poor and few.

(2) To whom, excellent envoys, should such your love and affection not be pleasing? Who should not highly admire your so great kindness? since you also seek to communicate such things to us, which serve not only to lead the present life righteously, but also to attain the future eternal. For if we regard as friends those who in worldly commerce bring us good and pleasant goods, so that we may not suffer from the necessities of temporal life, how much more must we regard as friends those who want to share with us those things that serve eternal life. For what one acquires in temporal food does not last long, but what promotes eternal life never perishes. Yes, even earthly friendship, no matter how great and lasting, ends when we leave the world; but love, which never ends, shines even brighter after this life.

And because it pleases you not to spurn our judgment, which we ourselves regard too badly for us to speak of such high things, and also at the same time to open up what seems best to you, in which you do not bear witness to a common love for us, I would not have incurred your great courtesy if we had not reopened what now seemed to us to be the matter, but had decided to touch upon something of these three articles as well, and to pour out our hearts to you sincerely. In this way it can happen that the love between us and your princes grows all the more and lasts all the longer, if nothing remains hidden between friends, but everything is done honestly, which we like to keep this way with all our friends. Which habit we do not want to change in the least, even now, towards such valuable friends whom we especially love. But let us now come to the articles themselves.

Of both shapes.

(4) That you think that the holy supper must always be served to the people under both forms, as Christ first instituted, we cannot believe, excellent and respectable messengers, that it was said by you in earnest, but that you only brought it forward to try us, to hear our opinion about it. For such an opinion is not at all in keeping with the right understanding of Scripture, and no one is likely to accept it.

which we want to show further in this letter.

5. And we cannot imagine, although there is reason to do so, that you should not believe with us that under the form of the bread there is truly and essentially the true and living body of Christ, and with the body the true blood; For otherwise it would have to be said that the body is empty and without blood, which would be most unreasonable to say, since such flesh of Christ is not only living but also life-giving, and under the form of wine there is not only the living and true blood of Christ, but also with the true blood the living and true flesh of the body. Since this is so, it necessarily follows that those who communicate under one form, and take the body of Christ only under the form of bread, nevertheless also enjoy the blood of Christ, and those who receive the form of wine nevertheless also enjoy the body of the Lord. If then both the body and the blood of Christ are found under one form, the people may be given whichever form it is of both, but they still receive both, namely both the blood and the body of Christ under it. For it is read of Christ himself in the Gospel of St. Luke that he gave only one form to the two disciples who were going to Emmaus, when he was recognized in the breaking of bread. For it is written that when he sat at table with them, he took the bread, blessed it, broke it, and handed it to them; then their eyes were opened, and they recognized him by the one who broke the bread. Which place the oldest authors, as Chrysostom, Theophylactus and Augustine, interpret of the holy supper, and yet no cup is thought of there. Therefore Christ, who administers the Lord's Supper in one form, seems to have left the church, his bride, free to follow her bridegroom in this, and to administer the same under one as well as both forms. For Christ, who instituted communion under both forms, has given an example of communion under one form, who disagrees with himself neither in doctrine nor in example.

Lucas also mentions something similar in the Acts of the Apostles, where after the outpouring of the Holy Spirit, when Peter was preaching, three thousand souls were added, "who remained in the apostles' teaching, fellowship, and the breaking of bread and prayer. Which place the ancients also understand by the holy supper, and yet no cup is thought of. If then the communion under one form, namely bread, is derived from Christ Himself, and the apostles, who from Him all

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For the apostles, who were taught by the coming of the Spirit in all truth, would never have given communion at the breaking of bread, if communion under both forms, because of Christ's commandment, always had to be given, so that it would not seem as if they had forgotten Christ's institution and changed His commandment.

(7) After this, the words of Christ, which Paul, in recounting the whole of the holy supper according to the evangelists, seems to confirm that Christ spoke especially of one figure. For he says: "Our Lord Jesus, on the night he was betrayed, took bread, gave thanks, broke it, and said, Take and eat; this is my body which is given for you; this do in remembrance of me." Behold! Christ spoke especially of his body, which is to be taken under the form of bread, saying, "This do," before he even thought of the cup. But afterwards Paul also says, "Likewise also he took the cup after supper, saying, This cup is the new testament in my blood: this do, as often as ye drink it, in remembrance of me." And he did not say plainly, as with the body, "This do," but he adds, "As often as ye do (or shall do) it, in remembrance of me." By this he means that it is not necessary to take the blood together with the body under the bread in the form of wine, but that as often as the blood is taken in the form of wine, it must be done in remembrance of Christ.

(8) Again, Christ, after he had distributed his body, after the supper, in which he had first given his body especially under the bread, again gives his blood especially under the form of the wine, and says: "This do, as often as ye drink it, in remembrance of me," by which he gives to understand that one can also sometimes give the one especially, and yet the power of both is given to the people completely. Otherwise it would have been enough to say of both only once: "This does"; and he would not have needed to add of the cup: "This does, as often as you drink it", since he had only said of bread in general: "This does"; where he did not mean that one could take both especially.

(9) Neither can anyone deny that in the Lord's Supper the disciples received the body of Christ in the form of bread. For when they had supper, he took the bread, gave thanks, broke it, and gave it to them.

to them, saying, "This is my body." But he did not give them the cup until a little while after the Lord's Supper. Would anyone be so foolish as to believe that, after they had received the bread, they had not received the body of Christ until after the Lord's Supper, as if Christ's words beforehand, when he said, "This is my body," had been in vain, or the distribution made to the disciples had been in vain until after the Lord's Supper, when they had drunk of the cup. Which to believe is not only ungodly, but also destroys and makes vain the word and deed of Christ, which is terrible. After this, although Paul first speaks of the two bodies together, he then deals with the bodies separately, saying, "Whosoever therefore shall eat of this bread unworthily, or drink of the cup of the Lord unworthily, shall be guilty of the body and blood of the Lord."

(10) Which words Erasmus thus translated into Latin: Therefore whosoever shall eat this bread unworthily, or drink of the cup of the Lord unworthily, shall be guilty of the body and blood of the Lord. Since it is clear from Paul's words that whoever receives this bread unworthily is guilty of the body and blood of the Lord; and whoever drinks of the cup unworthily is also guilty of the body and blood of the Lord. Which would never be guilty, if under the form of the bread both the body and the blood of Christ were not special, and also under the wine the body and the blood were special. And Paul would not have spoken arbitrarily of the form of the bread, if it had not to be taken otherwise than always at the same time as the wine; nor would he again have spoken arbitrarily of the cup, if it had to be taken always at the same time as the form of the bread. For why would he have set them apart if they had to be together at all times? But one must consider all the individual words of Scripture. For the prophet says, "Incline your ear to the words of my mouth"; and Moses in the fifth book of Moses says, "Set (or lay) your hearts to all the words which I testify unto you this day, for they are not commanded you in vain." And again, "Ye shall not add unto the word which I speak unto you, neither do ye any thing of it." The words of the Lord and of Paul themselves, which are first set apart from both forms, and then, after both have been joined together, are again separated, seem to indicate that one form can also be given apart from the words of Christ.

(11) It also does not follow from what Christ said, "Drink from it, all of you," that Christ is to be given to each of the people at all times, under both

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The same words have no other meaning than that of the Lord himself, Paul, his apostle, who testifies that he received everything from the Lord because of this sacrament. For it is clear that these words have no other meaning than that which the Lord himself taught Paul, his apostle, who testifies that he received everything from the Lord concerning this sacrament, namely, that whenever anyone drinks from this cup, he should do so in remembrance of Christ, as the disciples did who were present at that time and all drank from it. Therefore, whenever anyone wishes to drink the blood of Christ, he must remember the suffering of Christ, as he who wishes to partake of the body of Christ must do. 1) And we have already seen sufficiently from what was said above about the words and the example of Christ, that for this reason, according to Christ's commandment, one must not always drink from the cup as well, as often as one wants to partake of the body of Christ. We hold that what Christ commanded to be kept is not to be overturned or forbidden by any man, because a human law cannot displace or push away the divine law. We also hold that no habit or custom can apply among men in such a way that it destroys God's word and overturns Christ's commandment.

(12) But since we desire Christ freely, that we may enjoy him in three ways bodily (viz. 1. under both forms; 2. under bread alone; 3. under the wine alone) and fourthly spiritually, namely with the will and desire alone, if we are forced by necessity to take it in no other way, then we hold that, first, if a believer out of ardent love for God and special devotion desires to take the sacrament under both forms, he may be given the sacrament under both forms, if there is no other hindrance from illness or disease, if no other obstacle of illness or weakness prevents it, communion may be administered to him in both forms, provided that neither he who demands the sacrament nor he who administers it does so to the displeasure of the people or to the contempt of the Church, nor does he, by his right, seek to break the laws of the country in which he lives, be they spiritual or secular.

13. for the other and third, so that if any such obstacle intervenes, it cannot be taken under either guise without danger, as when, e.g., from gouty disease or

1. Here it must be briefly remembered, because otherwise everything is so probably presented, that Christ wanted to oppose the paschal lamb sacrament, whereby of course the cup was drunk especially last, with his new sacrament, and consequently eating and drinking must never be separated from each other. Christ's institution must precede all other things. (Walch.)

The fourth is that, if he were afflicted with nausea or other ailments of the body, his stomach would immediately give up everything he had eaten. Fourth, that if he were afflicted with sickness (disgust) or other bodily infirmities, that the stomach would immediately give up all that he had taken in, that when he asked for the Sacrament, it would only be shown to him, so that when he saw it, he would remember the death of Christ, his Redeemer, all the sooner, and in contrition of heart communicate spiritually.

I am therefore very surprised that those who want to be zealous protectors and defenders of Christian freedom, nevertheless want to take away this freedom of ours in this one sacrament of the body and blood of the Lord, over which Christ, when he departed, left nothing more glorious, more excellent and more comforting for the believing souls of his church. For what higher thing could Christ have given us to take in this sacrament than Himself? Then, since he left us free to receive communion under both forms, others under one, and even some, if they were hindered by need or sickness, to communicate spiritually with a broken heart when the body of the Lord was shown to them, what audacity and ruthlessness is it to deprive Christians of this freedom? that those to whom communion could not be given under both forms because of innumerable hindrances would not be given anything of the highest good under either form. For they do not yet admit that even if one does not enjoy it bodily, one can still enjoy it spiritually. What a hard servitude this should not be, that our Savior Christ's body, which he would have taken from the faithful, should be forcibly snatched from us, if we desired it most? What sincere Christian would not consider the liberty of this enjoyment, snatched from his hands, to be more grievous than death? Therefore, we must hold with all our might over the liberty bequeathed to us by Christ, by no means retreating from it, and rather, in my opinion, suspecting those themselves who want to deprive us of it.

(15) And how should it be with the northern peoples? likewise with those in Africa and those who live between the solstices (tropicos)? where so much wine is not to be had that the people can be given (communion) under the form of wine (for such peoples brew beer for their drink): will they, because they cannot partake of the sacrament under both forms, be given the sacrament in the form of beer?

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Do they not want to enjoy Christ under one? Would they not enjoy Christ under one? O be far from that!

16 But when the people first began to abandon the old custom and to partake of the holy communion only under one form, we do not really know. But it is probable that our ancestors, because of the scriptural passages in which they read that Christ and the apostles sometimes administered only One Form, and also because of the danger of spilling some of the blood on the ground, since all wet things, if one's limbs tremble in the least, are easily spilled, out of holy devotion and reverence, and great fear of God, and that Christ, who promised to remain with his church until the end of the world, would not have left it so many hundred years in succession that, if he had made a necessary commandment for all to take both forms at all times, he would nevertheless have shamefully let them fall and err in so important a matter. On the contrary, he seems to have given his church the freedom that, since the whole Christ is contained in one form as in the other, he can also be taken under one of the two.

But what the Greek churches of today have for a custom with both forms, which have never given tyranny to the Roman church, that is not known to us so exactly, because all of Greece is under the Turkish empire and territory, and they do not have free power to confess Christ, as they should like, because they are neither allowed to preach the word of God publicly, nor to call the people with bells, nor to sing common litanies, with presentation of the flag of the cross.

18. It should also be noted in particular that in all churches on Holy Friday the priest and all the people communicate only under the form of bread, not at the same time under the form of wine; that because the same day represents the death of Christ, on which his precious blood was shed for our salvation and separated from the body, all communicate on it, whether priest or people, only under one form. This custom would not have been adopted by the whole church if the whole Christ were not under one form, and thus the sacrament could also be administered under it.

From the private mass.

19. remember the masses of silence, that they gave rise to many abuses, that they helped to support the papacy as an atlas, that they introduced the stuff of indulgences.

They plundered the world because they were used for profit, produced a bunch of monks, and destroyed God's word. That is why the German princes established communion in the old way, and had it held in the native language, with honorable and moral ceremonies; but the silent masses, which brought forth such evil fruits and abuses, were completely abolished.

20 We have now considered this from time to time, but we find that Christ never ordained anything in his church which the evil serpent does not always abuse; nevertheless, we must not therefore reject what is ordained holy, otherwise we would have to abolish all sacraments. Yes, we have considered it good that all abuses should be abolished, but that what has been instituted in the church in a holy and godly manner should remain firm and constant.

(21) For if for this reason the silent masses are to be abolished altogether, because Thomas Aquinas, Gabriel, and others have introduced ungodly doctrines from them, as you say, namely, that the masses merit grace by the mere act, and take away sins from the living and the dead, and that a foreign work can be given to another, they may say what they will, but they teach it of all masses, and not of the silent mass alone. If, then, in order to control such opinions, the silent mass had to be abolished, then for the same reason one would also have to abolish the common mass or communion, which you yourselves keep and do not consider useful to abolish, whatever others might think of it. The silent Mass, however, is, as it were, a silent (special) communion and supper, which, if it is done in the right way and properly, all the faithful who want to be present, if they come to it repentant, will repent of their sins and implore God's mercy, saying with the Prodigal Son: "Father, I have sinned in (or against) Heaven and before You," they will undoubtedly communicate with the priest in a timely manner, offering themselves and their souls as living sacrifices pleasing to God, even if they are few in number and do not receive the Sacrament in the flesh. Thus, the silent mass is not at all harmful to the church, but rather seems to be very helpful in improving life and strengthening faith in Christ. For in it Christians recognize themselves as sinners who are always lacking, and thus daily ask for mercy by falling daily in this uneven course of life, and thus also daily get up through repentance, become lively again, overcome the enemy, and go forth to the battle all the more courageously.

22. it is also equal in the inputs of all still-

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The confession is a common confession of all sins, in which one asks God for forgiveness and the priest counts the lots according to God's word, just as in the common (public) mass.

(23) And if at a common mass, however solemn, there were no one else present but the priest who wanted to partake of the sacrament and communicate, then what will a common mass be but a silent mass? If on a feast day the people come to worship and no one else wants to communicate, will the priest refrain from celebrating Mass? Even among the Greeks, where a common mass is held every Sunday, as you say, there is seldom anyone of the people who communicates and enjoys the sacrament, as we have heard from credible people who were present at the Greek service.

24. But since you refer to Epiphany, that communion is held three times a week in Asia, as he says, and that the apostles instituted such a custom, since now in Greece (or Greek church) the people gather for worship only every Sunday, and thus the custom instituted by the apostles could have been changed, that the people do not gather as often as the apostles ordered: Why could it not also have been changed to assemble several times and more often, since the remembrance of Christ's death is thereby more repeated, as happens in the silent mass?

(25) For if Christ commanded that this should be used by the faithful in remembrance of his death, when he said, "Do this in remembrance of me," lest, if his death were remembered less frequently, it should be forgotten, this command will be kept the better, the more and often the remembrance of it is renewed in the sacrament. For as that which is seldom remembered is easily forgotten, so that which is often repeated is more deeply and firmly imprinted, so that it cannot be erased. For this reason, the silent Mass helps to renew the memory of Christ's death again and again.

(26) Paul at least calls all the individual houses in which there were a number of believers churches, members of the great church of the city (or congregation) in which they were, just as he also calls the larger churches of whole cities members of the catholic and general church when he writes to the Corinthians. But what church can be kept from the communion of the body of Christ? Christ also says, in instituting the sacrament of his body and blood, "Do these things, if you are a member of the church.

He has therefore not excluded any time or place where it could not be done. How, then, are we to keep anyone from the silent masses, and merely refer them to the common communion and feast days? since Christ freely allows everyone to do so when and where he wishes, saying, "As often as" 2c. For if one had to pay attention to certain times, Christ would not have spoken in an unlimited way, who is the Word of God and the wisdom of the Father Himself.

27. From the beginning of the church, communion took place in every single house where there were believers, and that, as Lucas testifies in the Acts of the Apostles, daily, for he says: "They remained daily with one accord in the temple, and broke bread here and there in houses," which place also the ancients understand by communion; and yet not all days were holidays, but they communicated in silence in houses. And if 1) the servants of earthly kings and princes almost all do not like to let a day go by, since they do not want to enjoy the mere sight of their Lord, even if they do not come quite close to him: Who then would blame a believing Christian if he heartily desires that, since mortal eyes cannot see Christ, the King of kings and Lord of lords, reigning in the majesty of glory in this life, he may nevertheless see the King of honors by faith in the sacrament of the body of the Lord, which he bequeathed to the faithful to celebrate his memory?

28 Chrysostom writes that the priest stands at the altar and allows some to commune, while he rejects others; thus he describes the use of common communion, which was more common in the early days of the church than it is now, and which is now the custom of all churches at Easter, when the people communicate everywhere. Incidentally, he often reproaches the believers of his time for not communicating as often as they should or as was the old custom. By the way, he did not forbid silent masses anywhere.

29 The Nicene Canon assigns to the deacons their place after the priests in the common communion, but neither it nor any other abolishes the silent masses.

(30) You consider the sacrament of the Holy Supper to be no sacrifice, because there is only One Atonement, namely the death of Christ. And since he who was once sacrificed for us does not die, there is no sacrifice other than the spiritual service,

1. stsi for et Ä. (Walch.)

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This is the righteousness of faith, and the fruits of faith. We know what the righteousness that is of faith is, as Paul contrasts it with the righteousness that is of the law; but what the fruits of faith are is not so clear to us from Scripture. But we know that faith itself, like love and many other virtues, are fruits of the Spirit. But we cannot wonder enough why it should be repugnant to anyone that the Mass should be called a sacrifice, since all the ancient Greeks and Latins were accustomed to call it such, inasmuch as in it the blessing (or consecration) of the body and blood of the Lord takes place in remembrance of Him who, as Paul says, offered Himself as a gift and sacrifice and sits eternally at the right hand of God; for with One Sacrifice He has perfected for eternity those who are being sanctified. Therefore, if Christ is both the priest and the gift and sacrifice, our sacrifice is also everywhere where Christ is. But if in the sacrament of the altar is the true body of Christ and the true blood of Christ, how then, if the truth of the body and blood of the Lord remain, should not our sacrifice be there?

31 And because Christ, our sacrifice, is in the mass, so that he does not die, and because we, as his members and body, offer ourselves as living sacrifices with our head, the Greeks together call this an "unbloody sacrifice". Thus the ancients all called the mass a sacrifice, because Christ, our sacrifice, was present in the sacrament.

Thus Basil, Chrysostom, Jerome, and Augustine had no hesitation in naming them. Therefore, what is to prevent the mass, in which the bread is consecrated (or blessed) to the body of Christ and the wine to the blood of Christ, who is truly our sacrifice and has commanded it to be celebrated in his memory, from being called a sacrifice? For otherwise, if we deny this, we must fear greatly lest it appear that we are in agreement with the Sacramentists, as they are called, who deny the truth of the body and blood in the Sacrament, or with the Anabaptists. From which suspicion we are not only far removed in our minds, but also want to deny the blasphemers every opportunity to interpret something of the sort. But now that in the Mass both the priest and the people, who suffer for their sins, present themselves, according to Paul's admonition, as a living, holy sacrifice pleasing to God, sing hymns of praise 1) to God and offer thanksgiving:

1. lauckes quas for lauckosyuo. (Walch.)

Who can doubt that also in this passage the Mass is rightly called a sacrifice, since the prophet calls it a sacrifice of praise, and Paul exhorts all to present themselves as living sacrifices, which is done in the Mass?

33. The prophet Malachias says: "From the going out of the sun until the going down, my name is great among the Gentiles, and offerings are made to me everywhere, and pure sacrifices are offered to my name, because my name is great among the Gentiles, says the Lord of hosts. But what else is 2) a pure sacrifice everywhere among the Gentiles, but Christ alone, and what other offering of the Christians than the mass, where the memorial of the death of Christ is celebrated? For surely it must be a sacrifice of the Christians among the Gentiles, or the prophet has lied. What then is a pure sacrifice, but Christ alone, our offering and sacrifice, who is in the sacrament of the altar under the species of bread and wine? For we may offer ourselves to God as we wish, but we do not deserve to be called a pure sacrifice, because all our righteousness is like the cloth of an unclean woman. So you see that the mass itself is called a sacrifice in the word of God, as we read in Malachia. And if this is so, why should the mass not be called a sacrifice, which the prophet proclaimed, and in which Christ, present in the sacrament, is the sacrifice of the world?

From the priestly marriage.

(34) You pretend that the single priesthood was instituted by the Roman Pontiff contrary to Scripture, contrary to the laws of nature, contrary to respectability, since Scripture leaves priests, like other men, free to marry, nor can they change their nature, nor remain single without a special gift, for "not all grasp the word," and Paul says, "For the sake of fornication, let every man have his own wife."

(35) Let us first begin by considering the place in the Gospel of the three kinds of the circumcised, according to which Christ says that some are circumcised by nature, but others are circumcised by men, neither of whom may be called chaste, because nature has made some of them incapable of generation, and force has made others. The third are those who could be used for earthly generation, but would rather remain chaste and be circumcised for the sake of the kingdom of heaven; of whom Christ immediately says: "Whoever can grasp it,

2. atyus should mean at (Mus . odlatio. (Walch.)

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which cannot be understood of either the first or the second kind, who cannot attain the palms of victory of chastity because they cannot come to the battle. The third kind, however, is of those who make a point of chastity, and would rather shun lawful marriage for the sake of the kingdom of heaven, than not follow Christ freely and speedily, and be compelled by earthly marriage to provide for things which, as Paul says, "are of the world"; to which kind Christ, the founder of virginity, most wisely exhorts men when he says: "He that can lay hold of it, let him lay hold of it," for the word, "lay hold of it," impels men to take up the fight, that they may lay hold of the palm, namely, the kingdom of heaven, to which he would exhort no man, if he could not overcome the flesh. But when he says, "Whoever can grasp it," he indicates that the palm of victory can be grasped or seized; for otherwise, if it were impossible to overcome the flesh, what need had he to say, "Whoever can," if no one could?

(36) Nevertheless, by the very words, "those who can grasp," he indicates that there are some who cannot easily grasp. For if some can hardly grasp, why should he separate those who can? Therefore, he reminds us, we must test our strength of mind before entering the fray, lest we be too hasty in the matter, and thereafter be defeated. Nor would he have said that some would be cut off for the sake of the kingdom of heaven if the flesh were insurmountable and no one could be cut off. And there is no doubt that he who thus exhorts them to go into battle also means that his grace, without which they could do nothing, will help those who come under his knighthood. For he will certainly be their supreme commander, as one who never leaves his soldiers (or fighters) when called upon, but stands at the door and knocks, and is always ready to help when someone opens the door for him. For Paul teaches us that one can overcome temptations if one only calls upon God's assistance, when he says: "No temptation but human has yet entered you. But God is faithful, who will not let you be tempted beyond your ability, but will also provide fruit beside the temptation, so that you can bear it." Therefore, those who once vow chastity, and then shamefully depart from it, must diligently see to it that they do not appear to blaspheme the name of God, as if Christ had forsaken them with His help, since they themselves rather forsake the knighthood (or the battle).

and flee from the enemy at the very first attack. Therefore, what Paul leaves free for anyone to have his own wife because of fornication must be understood by those who have not vowed chastity, as he himself indicates when he speaks of the young widows: "When they have become lustful in (or against) Christ, they want to be free, and are condemned because they have broken the first faith (fidelity)." Augustine follows Paul in this, according to Ps. 83, and says: "Another vows, after God has given it to him, something higher, and also vows not to enter into a marriage, which would not be condemned, even if he had married, but afterwards, if he marries according to his vows promised to God, he will be condemned. Thus a nun who did not sin before when she married, is considered an adulteress when she marries after her vow against Christ, because she has looked back from the place where they came, like Lot's wife, and is considered like the dog that eats the spit again.

37 Thus Augustine, Ps. 75, also assures that once a vow has been pronounced, it must be kept. Jerome also speaks against Jovinianum: A virgin who has consecrated herself to God, if she 1) marries, is damned. And in another place against the same he says: Your virgins, whom you taught by a very wise counsel (which no one has ever read or heard from the apostle) that it is better to marry than to be in heat, have cast their adulterous eyes on open husbands; the apostle never advised this, nor the chosen armor; it is a counsel from Virgilio:

She (Dido) calls it a marriage, and with it she covers up her impure coitus. The word of God itself speaks absolutely no to it> and does not want the vow to be destroyed. The prophet says: "Vow and pay to the LORD your God". It is also written in the 5th Book of Moses: "If you vow something to the LORD your God, do not delay paying it, for the LORD your God will seek it, and if you leave it pending, it will be a sin to you. If thou promise nothing, thou shalt be without sin; but what hath proceeded out of thy lips, that shalt thou keep, and do, as thou hast promised the LORD thy GOD, and hast spoken out of thy will and out of thy mouth." The preacher also says: "When you have vowed something, do not delay to pay it, but what you vow, that

1. 8i datun should mean: 8i nndut. (Walch.)
2. oenlos must be read for oeeultos. (Walch.)

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keep." And in the 4th book of Moses it says: "If a man vows something to the Lord and binds himself with an oath, he must not destroy his word, but fulfill everything he has promised." For this reason, the church at the beginning admitted priests and bishops, who were blameless and of one wife's husband, out of necessity, because at that time they could not have so many others, who would have been enough to teach the world: but Paul himself chose the unmarried Timothy. And if a man was chosen single to the priesthood, but afterwards took a wife, he was always deposed from the priesthood, according to the Canon of the Concilii of New Caesarea, which was before the Nicene. Similarly, in the Chalcedonian Conciliar, in the first chapter of which the previous Concilia are confirmed, it is taught that a servant (diaconissa), if she marries, shall remain under banishment, and monk and nun, if joined by marriage, shall remain banished.

39. it is also to be noted what is found in the canons of the apostles, that only the readers and song masters (lectores, cantores), who are not yet married, may marry, but the other persons admitted or received into the clergy are not free to marry.

40 But those who come to the priesthood married cannot, under the pretext of sanctity, put away their wives, as the apostolic canon teaches. And since in the Nicene Conciliar it was proposed that the priests should put away the wives already taken, Paphnutius argued that the right wives should not be put away, whose opinion, which agrees with the Apostolic Canon that the wives should not be put away, was followed by all.

By the way, there is never anything in the Nicene Conciliar that priests should marry after taking the priesthood, which was already forbidden before, so that if someone violated it and married afterwards, he would be deposed, as was said above. Therefore Paphnutius evidently said of such wives that they should not be cast out who were taken before the priesthood, but not that some should be taken after the priesthood.

42 Therefore, neither the apostolic canon nor the Nicene Concilium has anything to the effect that those who have been admitted to the priesthood should afterwards marry as you like.

43 The 6th Concilium also agrees with this, in which it was decided that if someone from the clergy wanted to marry, he should do so before he became a subdiaconate, but after that he would not be free to do so; and there, too, it is stated that he should marry before he became a subdiaconate.

Nowhere have priests been given the freedom to marry according to the priesthood, as you say.

44 Thus it was seen from the very beginning of the church that a priest was never allowed to marry after the priesthood. And where such a thing was done, it never went unpunished, for he who began such a thing was deposed from the priesthood. The apostle Paul, speaking of married couples, says: "Do not deprive one of another, except for a time, waiting for prayer." Jerome in his protective writing to Pammachium speaks, "Paul the Apostle says we cannot pray when we attend wives. If by coitus the lesser thing, namely to pray, is prevented, how much more is the greater thing forbidden, namely to take the body of Christ. And this he continues with the example of the shewbread, which was given only to the chaste David and his servants, as it is written in the Books of Kings (1 Samuel 22). For the shewbread, as it were the body of Christ, could not be eaten by those who ate from women's beds, as Jerome says, according to the example of the proclamation of the old law, before which the children of Israel had to abstain from women three days before.

Jerome also speaks against Jovinianum: If a layman or other believer cannot pray, if he does not leave the conjugal duty pending (or suspends it), then rather a priest, who must always make sacrifices for the people, must always pray, and consequently always abstain from marriage. This is also widely taught by Ambrose in the 1st Letter to Timothy, with which Augustine also agrees.

46 When Paul instructs Timothy the disciple in the priestly office, he says that one should avoid worldly affairs: "Work as a good fighter for Jesus Christ; no one who fights gets involved in worldly affairs to please the one to whom he has surrendered. And if priests took wives, they would necessarily be involved in worldly concerns; for, as Paul says, "He who has a wife takes care as he pleases the wife; but he who is without a wife takes care of what is the Lord's, as he pleases God." Therefore he also admonishes him to be single when he says, "Keep thyself chaste." For by chastity, where it is not spoken of married persons, is understood the single estate, for he willed that his disciple should be like him. And in one place to the Corinthians he exhorts all men to chastity, saying, "I will that all men be like me. And again I say, It is good for the unmarried and widows, if

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they remain as I do." And in another place he writes to them, exhorting the ministers of the church of their office, saying that they should not receive the grace of God in vain; adding also: "Let us not give offense to anyone, lest the office be blasphemed; but in all things let us show ourselves to be God's servants, in watchfulness, fasting, chastity, scholarship, knowledge, in the word of truth," all of which pertains to the church ministers, who must be especially devoted to chastity, so that the impure do not approach the altar, of which the lecherous are to be rejected. Horny ones, however, are to be rejected. For this cannot be understood of anyone but priests, since the science of the divine law and the instruction of the people belong to them, as Malachias says: "The lips of the priest keep the science, and one should seek the law from his mouth." And Paul wants Timothy to show himself as a blameless worker, who rightly divides the word of truth, that is, in the teaching of the people; how then should priests of the Lord, who have long since consecrated themselves to God, who are cut off for the sake of the kingdom of heaven, who should always pray for their and the people's sins, forsake the founder of the single estate, Christ, and marry again, and get involved in worldly affairs and troubles, of which the married state is full? For what is it to put one's hand to the plow, and look back after the example of the woman Lot, if it be not so? Of whom Christ says that they are not fit for the kingdom of God. For if no one can be in charge of the woman and the worldly wisdom at the same time, as worldly wisdom teaches, how much more will one who has devoted himself to God not be able to serve two masters, namely God and the world at the same time, each of which wants to have the whole man and not half a man.

47. Although at the beginning both married and single persons were admitted to the priesthood, this was not held so everywhere, as Jerome writes against Vigilantium, where he says: "What shall the churches in the East and in Egypt do to the apostolic see, who either accept single people as priests, or who keep themselves chaste, and, if they have had wives, cease to be men? And at Pammachium Jerome says: Christ a virgin, Mary a virgin, have consecrated virginity of both sexes; the apostles are either virgins or remained chaste after marriage. The bishops, priests and deacons are consecrated either as virgins, or as widowers, or after the priesthood eternally chaste.

The first church, whose originator is infallibly Paul and the Scriptures themselves, chooses the first church.

48 As for Augustine, whom you cite, who says: Some want those who marry after vows to be adulterers, from which I say that those who divorce them are very sinful, Augustine himself has said elsewhere that the fall and fall from holy chastity, which is vowed to God, is worse than adultery, and it is not all right what the church tolerates.

(49) Cyprian, to whom you refer, in the very letter about the virgins who have vowed chastity, where he says: If they do not want to or cannot persevere, it is better that they marry than fall into the fire through their lust, from which you conclude that a vow cannot prevent marriage, is also of a completely different opinion. For when the priest Pomponius asked him what he thought of virgins who, having first decided to keep their state chaste and firm, were then found to have lain on one bed with male persons, he brings the matter out from the bottom, and shows that the proximity and cohabitation of virgins and male persons is very dangerous, confirming also by Scripture that many have fallen terribly by it and perished; for which reason he says of all virgins in general: If they have dedicated themselves to Christ by faith, they may live chastely and demurely, without all evil gossip for themselves, and thus bravely and steadfastly expect the reward of virginity. But if they will not persevere, or cannot, it is better that they marry than that they fall into the fire through their lust; least of all, they should give no offense to their brothers and sisters, because it is written 2c.. And a little later he concludes: "Christ, our Lord and Judge, when he sees a virgin dedicated and consecrated to holiness lying with another, O how jealous and angry he is, what punishment he threatens these mixtures! Then he answers the question, and commands the use of wives, that it may be known whether these virgins have been defiled, saying: "If any of them have been defiled, let them make full repentance; for she who has committed this iniquity is an adulteress, not of any man, but of Christ; therefore, when the proper time is over, and she has made public confession, let her come again to the church. But if they remain obdurate, and do not divorce one another, let them know that we cannot let them come to church again for this obdurate fornication, that they cannot be

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become a stumbling block and an opportunity to trap others with their sins.

50 There you can see what Cyprianus thinks of broken vows. He calls such lecherous people fornicators (or incestuous) and adulterers of Christ; and where they do not part from each other, he does not admit them to the church (or congregation): how then should such vows not prevent marriage, or who would advise such a marriage, which cannot be contracted without breaking the vows and transgressing the divine commandment, consequently without the most wicked knavery?

(51) But when you write that the princes of Germany, seeing that many shameful deeds and vices had arisen from the priests' unmarried state, had given the priests the right to marry, I doubt very much that I would have given them the advice that your princes have taken, if they, your excellent advisors, had asked me for advice before the priests broke their bonds in such numbers and ran away to marriage. For if priests, who would not have abstained, had demanded to marry, how much better it would have been to depose them from the priesthood, following the example of the ancients, and leave them to their consciences, and then to promote chaste women to the altar, than to permit everything, and thereby to participate in other people's sins, and thereby to provoke them more. However, we, who in other dominions never want to take anything out of our arrogance or to judge it, gladly interpret your princes' intentions and actions to the best of our ability, and do not doubt that, although they have a sincere will to put an end to all abuses, they do not have enough skill to purify God's church. 1)

We, however, who have certainly taken special care to expel the tyranny of the Roman bishop and to honestly promote Christ's honor, will also, with God, strive in the future and see to it to the best of our human ability that all abuses introduced either by the Roman pope or by anyone else are stopped. And where we learn that some hang their mantle to the wind and act as if they hated the Roman Pontiff, boasting and pretending to truth in words that they do not respect in their hearts, we will not hold council with such people about holy things, nor will we seek their opinion in spiritual or worldly matters.

1. So by us put instead of: "to put down neither a sincere will, nor also the church of God to purify skill enough have", what seems to us to contradict the context completely.

But whatever will seem helpful to promote Christ's pure and righteous teaching, to spread Christ's gospel, to sweep out the vices of the English church, to put an end to all abuses and errors, and also to restore and adorn the church in its purity, this we will seek and do with all our strength; this we will, with God's help, strive after most eagerly.

(54) Of the articles we have now touched upon, we want to act next, as soon as it can be done, with our divine scholars, and set and decide what may be for the glory of God and the adornment of the Church, His bride.

55. But to you, honorable envoys, who have taken such pains and trouble to visit us by sea and land, and who have conversed with our divine scholars, who have been away from your homeland for so many months for the cause of the gospel, we thank you infinitely and innumerably, and are not at all surprised that, after your present long absence, you will be drawn home again by the sweet love of your homeland. Therefore, if you come to visit me after you have done the things your princes have ordered you to do and after you have finished your business, your visit will be very dear to us, and we will not only gladly let you return to your fatherland, but also send letters to your princes, which will testify to your diligence in directing your message. Farewell!

1271 King Henry VIII's letter to the Elector of Saxony, given to the envoys at the farewell audience. Oct. 1, 1538.

This letter is printed from the original in the Weimar archives in Seckendorf's llist. I^ntk., lib. Ill, x. 180, aää. I (b).

Translated into German.

1 Henry VIII, by the grace of God King in England and France, Protector of the Faith and Lord in Ireland, also the highest head in the lands of the English Church immediately under Christ: offers his greetings to the most noble and excellent Prince, Lord John Frederick, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave of Thuringia, Margrave of Meissen and Burgrave of Magdeburg, our dear cousin and friend.

2. the excellent men, Mr. Franciscus, have been staying with us for several months.

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Burkard, 1) Vice Chancellor, Mr. Georg von Boyneburg, the Right Doctor, and Mr. Friedrich Myconius, your Serene Highness and the Serene Lord Landgrave of Hesse, our righteous friend, envoys, who have shown such splendid erudition, prudence, and great zeal for the Christian religion in everything they do and show, that, just as their dealings have been most pleasant and pleasing to us, so we have also derived from them, beloved God, the sure hope that the desired fruit and progress will one day be made on the counsels taken and actions begun. This business, which we have dealt with so far, is of course one of the most important of all, and which is more important to a Christian's heart than to others, because it concerns Christ's honor and his religion's discipline and tranquility: therefore it must of course be dealt with mature counsel and good consideration, without secondary intentions, so that one may see before all people how one has sought nothing but the honor of the Most High, the common good, and the salvation of all Christendom.

We have therefore consulted and discussed such matters with the aforementioned envoys. And as Your Serene Highness will hear from their oral report, we have so far directed everything that has been done and undertaken to be based on sound reasons and certain causes, and to promote and spread the true honor of Christ with benefit. When your Serene Highness will hear our mutual actions from her envoys, we do not doubt that they will be agreeable to her, according to her peculiar prudence and innate eagerness to promote all good efforts in the best possible way. And in order to happily continue and complete what has been happily begun, we ask that she send Philipp Melanchthon, from whose excellent scholarship and great insight all honest people expect much good, to us as soon as possible, along with other learned, righteous men: We want to use all our diligence so that your Serene Highness will see how so much effort and work has not been taken in vain now and then in those things which in some way belong to true godliness and are considered to be part of a Christian prince's office, and which can also preserve and increase our friendship among each other.

4 Your Serene Highness will have the rest done by the very envoys whose loyalty and prudence are the most important.

1. In the original: Vursrulus.

I wish that she may continue to live happily. From our royal seat near London, October 1, 1538.

Your grandfather and good friend

Peter Vannes. Henry.

1272: Excerpt from a letter from the Elector of Saxony and the Landgrave of Hesse to King Henry of England, from an Anabaptist whom the Landgrave had captured and with whom correspondence with the Anabaptists in England had been discovered.

Sept. 1, 1538.

This document is found in Seckendorf's List. Imtk., lid. Ill, p. 181, in German Seckendorf, p. 1678, and in Corp. loc. vol. ill, 578.

Translated into German according to Seckendorf.

After we have found letters from an Anabaptist at this time, in which England is mentioned, and indicated that there the errors of the Anabaptists are being spread secretly, we have considered it good to report such danger immediately to Your Royal Dignity, enclosing a copy of this letter. For although we do not doubt that His Royal Highness already knows what kind of people the Anabaptists are, what they teach, and that they have completely departed from us, however, so that they can be distinguished from others and one can better guard against them, there are a few things to be reported.

(2) In places in Germany where the pure doctrine of the Gospel is not taught, especially in the Netherlands, much error arises because the common man has heard that the abuses of which he has an abhorrence are punished, but he does not hear any better doctrine. For where there is a lack of faithful teachers, one always invents different opinions than the other; for error, as they say, is a fertile mother. From these springs flowed Anabaptist folly, and from there it poured into neighboring Friesland and Westphalia. In the other places of Germany, where the pure doctrine of the Gospel is presented, the people, by God's grace, because they have been defended against such errors, flee of their own accord.

2. Seckendorf calls him Petrus lasokius. He was planning to go to England.

254 Cap. 17 The renewed Schmalkaldic League. W, xvu, 331-334. 255

such plague. That is why our churches, praise God, are calmer than those in the Netherlands. However, there are certain false teachers, deceivers and enthusiasts creeping around secretly all over Germany, who mainly teach rebaptism.

3. and this is the sign of their sect, that they condemn infant baptism and have it rebaptized. This is the creed (symbolum) of this party. But to this error they add many other ravings. And because people are deceived by nothing sooner than by the appearance of great humility and patience, they teach that one should have goods in common; and in order to reject all revenge, they say that a Christian is not allowed to administer a magisterial office, to hold court, to take oaths, yes, they in fact abolish the secular state, which God has instituted and approves. At the beginning, they spread these falsities about worldly things, which easily catch people who are already inclined to superstition. Then they add an endless mixture of various opinions; for one always invents something different from the other about the Godhead, about Christ's nature, just like the Manichaeans. They pretend to enlightenment, rejecting the word of God, abolish original sin, do not teach rightly what sin is, and allow their enthusiasts obvious vices. For of justification they have false and unrighteous opinions. They disgracefully defile the sanctity of the marriage state by generally allowing many wives and divorcing at will. This barbaric mixture of various superstitions and opinions finally, where their number increases, breaks out in riots, as happened in Friesland and the city of Münster.

(4) But now they have no community or city, only a few such enthusiasts are running around in the country, spreading such poison in silence in different places. Where we get some of them, we have them taught by learned people, so that they may be brought to order; but if they stubbornly advocate the condemnation of infant baptism, or other ungodliness, or the condemnation of the worldly estate, which is in itself seditious, they will be punished.

We have reported this widely in good opinion, because the danger in this is manifold. We hope, however, that E. K. W. will understand from this letter that we do not take pleasure in false and abominable doctrines, but that the papal abuses are punished by us for their sake, so that we may continue to uphold the true and Catholic doctrine.

We hope that all pious princes, especially E. K. W., will be leaders and originators of this holy intention. We sincerely hope that all pious princes, especially E. K. W., will be leaders and originators of such holy intentions for the sake of the glory of Christ and the salvation of His Church.

1273 Melanchthon's letter to King Henry VIII, given to the envoys dispatched to England, in which he urges the king to make further improvements in matters of religion. Frankfurt, April 1, 1539.

This letter is found in Burnet's tust, rstorm. 6661st ^NZI., pari. I., aäck. n. 6, p. 249 and in the 6orp. Ket. vol. ill, 681.

Translated into German by M. Aug. Tittel.

To the most illustrious and illustrious King of England and France, > Lord Henry the Eighth, Prince of Wales and Cornwallis, the supreme > head of the English Church after Christ, his most gracious Prince.

Hail and greetings! Most Serene and Sublime King! Although we had heard that the Roman bishop, through all the arts of Emperor Carl and the King of France, was trying to incite the English and Germans, in the hope that God would avert these dangers and preserve your peace, I wrote in the previous letter about the church's improvement, which Your Majesty, when the time is right, will deign to undertake.

2 Afterwards I have enclosed this letter, not out of bold undertaking, but out of heartfelt zeal and love, both for the Church and for Your Majesty, therefore I beseech Your Royal Majesty, through Christ, to mark my liberty with grace.

I often think of the English church's origin and other praise; for from it the Christian doctrine has come in good part to many places in Germany and France. Yes, it is thanks to the English Church that the Roman provinces were first freed from persecution. For she first gave us the pious Emperor Constantinum, which is a great glory for your name (or people). Now your Majesty, out of great heroism, has already shown that she wants to protect the truth, has also shaken off the Roman bishop's tyranny; therefore, I sincerely wish that the old purity of your churches be completely restored. I realize, however, that there are still some in all of them who are still

256 Section 2: Actions with England. No. 1273. w. xvn. 334-336. 257

to the old abuses, which either the Roman bishop has raised or confirmed. But it is to be wondered at that, since one has driven out the author of the abuses, one nevertheless still harbors the poison itself. It is to be feared, however, that such people or their successors will not even reinstate the Roman bishop's authority when the people have taken him for the master of the churches; for the ceremonies fall on the eyes and remind us of the founder, as Solon's memory has been perpetuated with his laws and has been very pleasant.

(4) I was therefore pleased when I saw in the last order omitted concerning religion that public consultation and correction were promised concerning church customs and laws, and such a refraining has softened the severity of the order. For although I praise godliness that errors are forbidden which are contrary to the teachings of the Catholic Church, which we also confess, I am sorry that in addition to such things an article has been added commanding that all previous customs and the celibate priesthood be retained. Many will interpret such a command to mean that the abuses of the Mass will be reintroduced. After that, the stubborn who are hostile to our doctrine will be strengthened, while the pious will be beaten down in their zeal. Augustine already complained in his time that the servitude of the Christians was harder than that of the Jews; and how much harder will the servitude be if the superstitious antics, such as crawling to the cross, or other such things, should be enjoined under corporal punishment? Gerson writes that it is good for the pious, who observe the ceremonies too superstitiously, to be induced to break them, that they may escape superstition by use and example.

(5) But you will say, I am only strengthening the peace, and I do not want discord to arise from unequal customs. Answer: I am speaking, however, of the pious and modest, who transgress the statutes of men without tumult and disturbance, and not of those who, in public assemblies, stir up or disturb a quiet people. There are already laws concerning seditionists, and one need not immediately declare the transgression of a silly and unnecessary ceremony seditious; but in this one must look not only to outward tranquility, but also to pious consciences; for the conscience is a tender thing, and is easily struck down by the judgments of the mighty.

6. i also know well that some have created a new kind of

of wisdom, they excuse the abuses, and palliate them by all sorts of cunningly devised interpretations, in order to have a cause and appearance, why they remain so; as the author of the Kölnische Religionsbesserung nevertheless excuses terrible abuses, as, consecration of bells and other such deceptions. How much there is in the fabulous stories of the saints, as Christophori, Georgii, which as poems (poemata,) contain beautiful interpretations and parables, for whose sake, however, the churches are not nevertheless to be forced that they venerate such fictitious (poeticas) persons.

(7) It was a feast in Egypt when the figs were ripe, and the people, eating fresh figs in the temple, sang in these words: Sweet is the truth! One can soon add a good interpretation to this custom, and praise the word of God under it; but because of that, one does not have to reintroduce such a custom into the church. But we see this trick again emerging in the Church. In Italy, they say, Contarenus, Sadoletus and the Cardinal Polus would be responsible for the abuses; for they take special care to defend this Roman impiety, and consider it a great joke to color the shameful abuses, and think that by such antics of Dionysii they are renewing secret (mystical) theology. Such trickery, unless wise rulers of the Church resist, will make a terrible confusion of religions and ruin the truth again. As long as human ceremonies are required as something necessary, the wrong opinion of worship will be confirmed. That is why Paul was so zealous not only against opinion, but also against the Levitical customs themselves; for he foresaw that superstition could not be controlled if the customs remained, which is why he says very emphatically: "If you allow yourselves to be circumcised, Christ is of no use to you."

Accordingly, let the bad and clear opinion of freedom in indifferent things be maintained, and let the preachers teach what aversions must be avoided; but let the customs instituted by God and some statutes of men be kept, such as serve good order, as Paul says, and let it remain with ceremonies that are solemn and ornamental. On the other hand, all wildness (ignorance) must be kept away from the churches; other, useless and unrhymed ceremonies must not be demanded harshly at all.

(9) What danger does not the prohibition of marriage bring to the conscience? And your majesty know

258 Cap. 17 The renewed Schmalkaldic League, W. xvii, Ws-sgs. 259.

that the law of the permanent celibate state was devised only in Rome. For one finds the letters of the bishop of Tarracona defending the marriage of the clergy in Spain against the Roman bishop. In Germany, the priests were still married 500 years ago, and were so reluctant to see this freedom taken away from them that they even revolted against the bishop of Mainz when he read the Roman commandment and fell upon him, so that he had to flee from it and refrain from reading it. Gregorius the Seventh had issued such a commandment, which in insolence and impiety yields nothing to any old tyrant. He not only involved our German emperors in a long and miserable internal war, but also tyrannically suppressed the churches.

(10) I also hear that the priests in England were married, and the histories are known, in which there are many examples; and therefore I am surprised that in the (royal) command the epistle to the Corinthians is referred to, since in the same epistle marriage is taught quite differently, and marriage is commanded to those who are incapable of chastity.

(11) And it is not necessary to be brought up with vows, which are contrary to divine commandment and carry with them much superstition and ungodliness. For we see what kind of life most clergymen lead without marriage; therefore I read with sadness in the command that those who take wives are considered dissolute people 1). For with such a slur our cause seems to be harmed, which the church needs, that the reputation or worthiness of marriage be better recognized, that the superstitious worship of vows be punished, and fornication be eradicated. For not impure state, apart from marriage, is a chastity pleasing to God, but an honest and godly society of the spouses; as Christ expressly calls marriage a divine union when he says: "What God has joined together" 2c. Let us therefore highly respect God's order in nature and use it reverently; but not invent new services without God's word, of which kind Paul preaches by name when he writes to the Timothy, and severely punishes those who forbid marriage.

12. The prophet Daniel has attached two peculiar characteristics to the Antichrist, when he says: "He will worship the god Maosim with silver and gold.
13. Iisvistis stands for Isvitatis aeeusantur. (Walch.)

and pay no attention to his fathers' God, nor to their wives. This is very much in keeping with Roman customs.

The abuses of the masses and the worship of saints have brought about infinite wealth and royal power. New deities have been made. They worship gold and silver image pillars, which they also adorn with gold and silver. Then came the law of celibacy, which was followed by a fundamentally corrupt life. To what nation and kingdom are these signs better suited than to the mob of the Roman bishop? who, being the Antichrist, must be resisted with a godly and brave spirit against his power and laws.

(14) Your Majesty has also already happily begun to rectify some things. She had abolished several images that were worshipped in an ungodly manner. I therefore implore Your Majesty to eradicate the other Roman impiety from the churches as well. There are examples that kings have won glorious victories that have eradicated idolatry; and God often testifies how much He requires this service and promises great rewards for it. Therefore, GOD will also protect your majesty when she, like Hezekiah and other pious kings, abolishes godless customs. Your Majesty hears that in the Netherlands and other places terrible cruelty is being perpetrated against the pious. And this tyranny produces many other vices, reinforces idolatry, destroys true worship, exterminates true religion. And since there is a lack of good teachers, many among the people become deniers of God. For it is known that in the Netherlands almost pagan profanity is rampant, in that some are superstitious by nature, others adopt the enthusiastic opinions of the Anabaptists. This is the situation in the Netherlands, which otherwise has peace, tranquility and wealth. The rich revel in it and consider themselves blissful, but do not foresee the punishments hanging over them. God, however, will certainly punish such impiety and cruelty severely.

15. So I did not want that in your 2) kingdom the fierceness against the pious should start again, which your majesty will forbid, if it only alleviates its exuberant command and further establishes churches. And that also the descendants have a
16. According to the way of writing at that time, it was the highest honor in the form of address to call someone "you," which is why the emperor is still addressed in this way in enfeoffments. (Walch.) - Luther is always addressed by the Saxon princes with "Ihr" and "Euch", not with "Du", which was otherwise common against subjects.

260 Section 2: Actions with England. No. 1273 f. W. xvn. 339-341. 261

If the Roman bishop's tyranny may be abhorrent to the people, it is very important that the laws be abolished which are the sinews (or tendons) of his power. Such supports of the power of the Roman bishops have been the abuses of the masses and the celibate state, which, if they continue in this way, can easily tempt those who are already of the wrong opinion of the Roman court to return to it. Your royal majesty will easily appreciate how important it is that this be prevented, if one wants to keep the doctrine pure. It is still true what Juvenalis says of the Roman court: Hic fiunt homines etc., Here the people are filled with nothing but evil arts and little things, so that they bring with them a rebellious and disgusting heart against the kings, as many examples testify. May Your Majesty note this letter with grace.

16 I pray to God and to our Lord Jesus Christ to keep your royal majesty healthy, to protect and to govern for the salvation of the Church. May Your Royal Majesty be well and live happily. From Frankfurt, April 1, 1539.

Your Royal Majesty's most humble Philipp Melanchthon.

Inscription:

To the most Sublime and Most Sublime King in England and France, Lord > Henry the Eighth, Prince in Wales and Ireland, 1) next to Christ > supreme Head of the English Church, my most gracious Lord 2c.

1274 Contents of the edict promulgated in England on June 28, 1539, in which it is commanded to keep the main summa of the papal doctrine under life sentence.

This writing is found in Burnets bist, rskorm. "cd. Angl. i, ild. Ill, x. 144.

Germanized.

The decree of abolition of different opinions from the articles of Christian religion.

At the beginning it is said': The king, having considered the benefits of unity and the harm of discord, and having considered different opinions of both the

1. In the old edition: "in Wallen and Arnubien". The latter is probably read from lllbsrni",.

The king himself, according to his great erudition and scholarship, presented one and the other. Finally, both houses of parliament agreed on the following articles.

First, that in the sacrament of the altar, after the blessing, the essence of the bread and wine did not remain, but under the same forms the body and blood of Christ were present.

Secondly, that communion under both forms is not necessary for salvation for all by divine law, but that the flesh and blood of Christ is under each of them at the same time.

Thirdly, that the priests, according to accepted priestly order, cannot marry according to divine law.

Fourth, that the vows of chastity are to be kept according to divine law.

Fifth, that the use of the still masses is to be kept, because it is not only according to the divine law, but also very useful for the people.

Sixth, that auricular confession is useful and necessary, and therefore should be kept in the church.

The Parliament thanked the King for the trouble he had taken in drawing up such articles, and decided that whoever would speak, preach or write anything against the first article after July 12 should be banished as a heretic, without any hope of renouncing it, and all his goods should be confiscated by the King. But whoever preaches or persistently teaches anything against the other articles shall be punished by life as a robber (or traitor, latrocinii reum), regardless of spiritual status. Finally, those who do something against this with words or writings should first be thrown into prison and their goods and property confiscated; if they do it again, they should be punished as robbers. All priestly marriages should be declared invalid, and the priest who keeps his previously married wife with him, and who lives with her as a wife, should be punished as a robber (or thief); but he who mingles carnally with another wife should first, if he is convicted, be thrown into prison, and as long as it pleases the king, be deprived of his spiritual income (beneficii) and his goods, but if he is convicted the other time, be punished as a robber.

The women who sin in this way shall suffer the same punishment as the priests. But whoever despises or violates confession or the sacrament

262 Cap. 17 The renewed Schmalkaldic League. W. xvn, 341-343. 263

If he fails to do so, the first time he will be deprived of his goods and sent to prison, and the second time he will suffer the punishment of a robber.

In order that this decree may be carried out and enforced, orders shall be issued to the archbishops, bishops and their chancellors and commissioners to assemble four or more times during the year in all counties and to proceed against the defendants according to the complaints or the examination of the sworn judges. The commissioners shall take an oath that they will execute the orders without respect of person and without fraud or malice. The church authorities shall read this ordinance once every quarter in the churches.

At the end of the vow of chastity, the reminder was added that it binds only those who vow it after the age of 21 and without coercion.

1275 The poem circulated in England about a change in doctrine that Luther and Melanchthon are said to have made in subsequent articles. Dated March 1539.

Already in 1535 similar articles were spread in Germany, against which Luther wrote: "Etliche Artikel von den Papisten jetzt neulich verfälscht, sammt einem Briefe D. Martin Luther to the preachers at Soest." In 1539, these were adapted to the taste of the King of England and transferred to England. At the beginning of November, the Protestant envoys brought a written copy, which is preserved in the Weimar Archives, lieZ- 0, col. 140, E. E. E., and at Seckendorf, nist. UutR., lib. Ill, p. 228 k. reprinted. Also in the Oorp. Lok., vol. Ill, 831. The above-mentioned first redaction of the articles is found in the St. Louis edition, vol. XIX, 640; and in the introduction therein, p. 32 f., detailed information is given about both redactions.

Germanized to Seckendorf.

Copy of what Martin Luther and Philipp Melanchthon admitted with the cities and princes adhering to them in Germany.

I. First of all, we confess that there should be such a regime in the church that there should be bishops who examine and ordain church ministers, who should also exercise the rights in it and look after it diligently, so that the church entrusted to them may be well instructed in Christian doctrine and godly conduct.

II. We admit that it is useful and good for the Church that the Roman bishop should give the rest of the bi

But we do not permit the pomp of the Roman pope, his wealth and arrogance, by virtue of which he seeks to subjugate even kingdoms, and which neither promotes nor helps the gospel. But the kings, who are concerned about this, can and should moderate this.

III. We confess that because of the difference in food, feasts and ceremonies, a comparison could easily be made, if in the church only the doctrine were agreed upon, and this were not so unequal as it is. For if we were united in doctrine, we would consider it unreasonable to separate from the church, since it is impossible for the world to exist without ceremonies and human statutes. For this reason it would not be necessary to separate ourselves from others, or to establish something new and unusual, avoiding all innovation that is not necessary; for there is no danger in keeping human statutes, if only the doctrine is presented purely.

IV. We consider it useful that confession and the recounting of sins should take place in the church, for if this were to be done away with, the doctrine of the forgiveness of sins and the power of the keys would be nullified and obscured, since in confession one must learn, among other things, where the forgiveness of sins comes from. However, in confession, confessors must be diligently instructed, and consciences must not be overly burdened with an excessively sharp and precise recounting of all sins.

V. We believe that justification is by faith, and that one cannot be justified by any works or obtain forgiveness of sins. However, justifying faith should not be idle, but adorned with Christian and good works.

VI. We confess that free will does something by the help of the Holy Spirit as often as we want to withdraw from a sin.

VII. We confess that man, having obtained forgiveness of sins, receives the Holy Spirit; which again departs from him when he commits a mortal sin.

VIII. We say mass in the usual way, for what would be the use of changing the ceremonies, especially where it is not necessary. However, we do not permit the angular masses, because they give rise to certain abuses. For the holding of masses has been turned into a huckster's trade.

IX. Of Holy Communion we hold that,

264 Erl.55, 243f. Section 2: Acts with England. No. 1275f. W. XVII, 343-346. 265

just as Christ in the last supper gave his disciples his true body to eat and his blood to drink, for spiritual food and drink, so he still today gives us, his disciples and believers, as often as we keep the said supper according to the prescribed manner: "Take and eat" 2c., his true body and blood to eat and drink. This is also the opinion of three evangelists and St. Paul, and so their words are clear, and therefore all erroneous interpretation of these words must depart. We teach that Christ gave his body and blood to his disciples in both forms, and that this is how it must be kept with us, as it is kept. But since the bishop of Rome has forbidden the one form by human statute, the best remedy would be to give both forms to those who desire them, and to forbid one part to touch the other on that account.

X. Since it is known from the sacred teachers that the feast days of the saints were kept, for the sacred canons are still extant; but it is not evident from them that the invocation of the saints is reported therein, but only this is evident from the fact that they are presented to us as an example to guide our life and conduct according to them: however, if for the sake of a custom one should permit the intercession of the saints, then the prayer would be made to God, as far as he would hear it for the sake of the intercession of a saint. We consider it certain that the saints always intercede for the Church. However, Christians are to be carefully instructed that they do not turn the trust they have to place in God to the saints. Nor do we reject the images of Christ and the saints, but the veneration shown to them, from which idolatry has sprung.

XI. Nor do we condemn the lives of the monks and those who are placed in the monasteries, but only the confidence which some have placed in the observance of their religious rules. We also condemn their vows, which some have made, of such things as they cannot keep. However, we do not want the monasteries to be abolished for this reason, but that they be used as schools in which people can be instructed in respectable things, and that the pope dispense with the vows, so that everyone is free to keep them or not; in this way, the peace of mind would be advised, and the vows would not be evil.

XII. We hold that the marriage of priests is in the power of the pope, who can permit it because

thereby many would be prevented from whoring. For one sees few chaste women. But if the marriage ban were to take place, only venerable and aged men would have to be made dignitaries and prelates in order to avoid trouble.

XIII With regard to purgatory and indulgences, we hold that it is more useful to discuss them publicly and without benefit in schools than in the pulpits, but that the resulting haggling should first be stopped. For in this, as in all other matters now in dispute, we condemn the abuse more than the matter itself, which, however, can be investigated and corrected by an ordinarily assembled concilio.

The Zwinglians and Oecolampadians have not yet accepted these articles; but the common man is inclined to do so, and it is to be hoped that he will soon be guided by frequent sermons.

Those books which Martin Luther published and which are contrary to these articles are now revoked by his hand and found to be erroneous. Given in Germany in March 1539.

1276: Luther's joint concern with Jonas, Pomeranus and Melanchthon about how to behave against the king in England. Oct. 23, 1539.

The original of this prayer is in the Weimar Archives, Ü6A. 8, col. 260, but without the signatures. Printed in the Leipzig Supplement, no. 159, p. 87; in De Wette, vol. V, p. 213; in the Oorx. lief. Ill, 796 and in the Erlanger, vol. 55, p. 243.

God's grace through our Lord Jesus Christ beforehand. Most Serene, Highborn, Most Gracious Prince and Lord! We have read D. Buceri's writing, and note that it is strongly written, undoubtedly of good opinion, and attributed to the fugitives, as well as to the miserable complaint of some who are in Hamburg. However, they hope to obtain help from us. Although they hope to obtain help from us, just as all afflicted people in distress seek help in all places, we know no way to help them. For though we flee no danger and labor for our own persons, yet it is also true that enough has been done on this subject for the king's instruction and admonition, and for these reasons: St. Paul speaks,

26b Erl. Soe, S44-S4K. Hap. 17. the renewed Schmalkaldic League. W. XVII, 34K-348. 267

The weak should be accepted, but the stiff-necked should be abandoned, who, as he speaks, is condemned by his own judgment, that is, who publicly acts against his conscience. On the other hand, he is called weak who wants to learn and does not pursue what he understands, but accepts, holds and promotes it. But that the King of England acts against his conscience is to be assumed from this: he knows that our doctrine and attitude concerning the use of the whole sacrament, confession and priestly marriage is right, or at least knows that our doctrine is not contrary to God's word. Now he says in his articles and in his edict that some of these points are against God's laws. He certainly says this against his own conscience, for many writings have come to him, written publicly and especially to him, which he has read; he has heard enough reports of his and this part's deeds, and he himself has had a booklet Sarcerii brought into his language and ordered it to be printed, which he uses for his prayer book, in which these matters are briefly summarized. We also hear that he himself spoke much differently of this doctrine, and among other things said of France that it was evil for him to follow this doctrine, for he understood it and knew that it was right. He also has many pious, learned preachers, the defrocked bishop Latimerum, Cromerum 1) and others, whom he has heard and tolerated for a time. About all this he condemns this doctrine more harshly than the pope, who has never said that priestly marriage is against divine law, that it is God's command to tell sins in confession, and otherwise punish, like Nabugdonosor of the Pillar [Dan. 3, 6.The persecution has also begun terribly, for many lie in prison awaiting punishment. He used this doctrine for a while to his advantage, like Herod, but now he persecutes it, and the devil begins to use a new trick. Because the papal power must fall, he now drives the great kings to use religion for their opportunity, for their benefit and for their advantage.

1. Archbishop Cranmer of Canterbury.

want to make. From this will follow cruel blindness; for there is no cause in which the kings in all countries, Hispania, France, England, Hungary, and Poland, hold the bishops and the priests, to whom the mass and other errors are attached, for only that they see that they have persons to send to the pulpit and to all kinds of evil things, that also these priests, without the kings' expense, receive a splendor. The kings see that the common people are attached to the mass and the usual ceremonies, and they do not like to be deprived of their idols; therefore they leave it at that, so that they and the priests retain the greater authority, but they keep what they desire and make orders to their advantage. So, we fear, this king is also of a mind that does not seek God's honor, but wants to do and make what he desires, as he said to the Lord Vicecancellario that he wanted to rule his kingdoms himself; so that he indicated that he did not respect this doctrine very much, and wanted to make his own religion, as Antiochus and others did.

Secondly, if the king now publicly acts against his conscience, we do not consider that we are obliged to instruct him anew, but may leave it at Paul's rule, which teaches that one should admonish the adversaries twice, and if this does not help, one should avoid them as those who act against their conscience. Such an admonition has now happened, because of which he rages against his conscience; with such no teaching helps.

Thus we hear that the king is a sophist and glossator, who wants to color all things with little bells and keep them with a semblance. He who has no desire for clear, certain truth can easily twist and affect himself, even if he has to tear his mouth open like a pike when it pulls itself from a fishing rod. Sirach 37 v. 23. Vulg. it is written: "Whoever needs sophistry, God does not give him grace and does not attain wisdom." For there is no end to brooding and distorting, therefore nothing lasting can be done with such, and especially how harmful such things are to masters is shown by experience. Because the king takes pleasure in such glossing over, as we have actually heard, so have

268 Erl. 55,247 f. Sec. 2. Acts with England. No. 1276 f. W. XVII, 348-350. 269

We have little hope that he will allow himself to be called and caught up in God's word. It can also be seen which people are powerful with him now, they also have no conscience. Wintoniensis 1) leads around the country two lewd women with him in men's clothes, after which he smuggles that the marriage of priests is against God's law; and is so proud that he publicly speaks that he wants to keep it against the whole world that the proposal is wrong: Fide justificamur. Is also the most noble tyrant, who before this year was driven to burn two, only because of transubstantiation, and is therefore the saying true, that the master and servant are of the same mind. From all this we conclude that enough has been done so far; so we know that it is Christian and faithfully spoken, and consider that we are not obliged to appeal to him any further, so that there is little hope for it, and perhaps God does not want his gospel to be discredited by this king, who has such an evil rumor. However, we place all of this at the disposal of Your Electoral and Princely Grace. Your Grace, whether to try it again. Nor shall it be lacking; we want to submit an expostulation to the king and admonish him again by means of a writing; we owe no more. For what D. Bucerus indicates: "Go into all the world, teach" 2c., we do with writings. We are not commanded to leave our present profession.

And I Philip, though in all humility and reverence, have written to him about the previous edict and punished the same, and have also written similar opinions to Cromwellum 2) and Cantuariensem. But I was sent writings from England, that the king ungraciously accepted my letters, from which it is to be expected that if I were in England, the king would give me little audience, or send me to his proud, unlearned bishops, to quarrel with them, as he did with the previous one. How sharply the king disputes these matters can be seen from these two arguments of his. Of good works

1. Bishop Gardiner.
2. Cromwell, the king's chancellor.

he argues that since evil works deserve eternal wrath, it must follow that good works deserve eternal bliss; and this argument, I hear, he will not let him take away. The other, of the priestly marriage, is this: If he had power to make an order that one should not be free as long as he wished to be at court, he also had power to command that the priests should not marry. This is the great subtlety for which he mocks and condemns us. Whether it will be fruitful to argue with those who use these arguments, will be considered by Your Electoral and Princely Grace. Your electoral and princely graces will well consider. The book that Your Electoral Grace has sent to this place. Your Electoral Grace has ordered that it be printed in a favorable manner. The expostulation 3) is also to be produced in a favorable manner. God preserve your elector. Gn. at all times. Date Wittenberg, 23 Oct. 1539.

Your Elector. Gn.

servants Martinus Luther, D. Justus Jonas, D. Joh. Bugenhagen Pomer, > D. Philippus Melanchthon.

Luther's special letter to the Elector, sent at the same time as the above-mentioned concerns, in which he urged him not to get further involved with the King in England. October 23, 1539.

The original of this letter is in the Weimar Archives, LsK. 8, toi. Printed in the Leipzig Supplement, No. 158, p. 87; in De Wette Vol. V, p. 217 and in the Erlangen edition, Vol. 55, p. 248.

Grace and peace in Christ and my poor Pater noster. Most Serene, Highborn Prince, Most Gracious Lord! Earlier, M. Bucerus also wrote to me in the same way as he wrote to my gracious lord the Landgrave, requesting that I help him with an embassy in England, especially for M. Philip's sake: to which I answered that he should abandon such good hopes, for there is nothing with the king. And accordingly, to Your Electoral. Grace my

3. Document No. 1278.

270 Erl. 55, 248 f. Cap. 17. the renewed Schmalkaldic League. W. XVII, 350-353. 271

humble request that you do not let yourself be moved by the opinion you have begun to form. The king is a tempter, and means nothing in earnest; we have well experienced this from the angels who were with us, when we had to believe out of Christian love that it was serious, but in the end, when we were tired, at great expense to your Elector, it was all sealed with a sausage, and everything was at the king's pleasure. Gn., it was all sealed with a sausage, and everything stood at the king's pleasure; said himself: Rex noster est inconstans. And several times D. Antonius said: Our king respects religion and the Gospel nothing everywhere. Since that time I have been glad that the king has publicly apostatized from the Gospel 1) and has even revealed his hypocritical appearance; it would not have been well with him, because we would have had to burden ourselves with his sins, and yet have a false friend in him. Above this, it should be said, as the Anglicans have noted here, that we must let the king be and be called Caput and Defensor Evangelii, as he himself boasts Caput of the Anglican churches. Only away with the head and defensor! Gold and money make him so bold that he thinks he must be worshipped and that God cannot do without him. Let him bear his "unrepentant" sins himself, we have enough of our own. It happened more than too much; he did the same to the Emperor Maximilian, and soon after to King Ludwigen of France. He should be pope, as he is in England. Our dear Lord God protect your prince and all your relatives. Gn. and all your relatives from all evil, and especially from such cunning, mischievous attempts of the devil. Amen. Thursday after St. Lucia 23 October 1539. Martin Luther.

1278 Melanchthon's letter to King Henry VIII of England, containing an expostulation to him. November 1, 1539.

This letter is found in Melanchthon's spist. lid. I, x>. 51 (according to Peucer's edition) and in his works in eollset., toin. IV, pari. I, x. 343. also in the 6orp. Rst, vol. ill, 805.

Translated from Latin by 24 Aug Tittel.

1. The words: "from the gospel" are inserted after Burkhardt, p. 333.

Hail and blessings, most noble and most illustrious king! Some Roman emperors, such as Adrian, Pius, and after them the brothers Verus and Marcus, received the protective writings of the Christians very graciously, and they were so highly esteemed by these kind emperors that their wrath against the Christians was assuaged, and they were no longer attributed such terrible misdeeds.

Because there (in England) a command has gone out against the godly doctrine and the necessary doctrine of the church, which we profess: I ask that your royal majesty read and consider this complaint of ours, especially since I am sending this writing to them not only for our sake, but rather for the good of the common church. For since those pagan princes not only accepted our defense, but also considered it good, how much more is it fitting for a Christian king who is so versed in the Scriptures to hear the lamentations and ideas of the pious! I write to you all the more gladly, however, because you have already received my letters with testimony of all grace. And in this matter this gives me hope, you will gladly read this, because I see from the phrasis that the bishops, but not you, undoubtedly wrote the articles issued there, whether they, as often happens to the best princes, by their cunning (sophisticum) persuasion obtained your applause and approval (suffragatio), just as Darius, a wise and just king, drove the princes and powers to throw Daniel to the lions. But it has never been a disgrace for pious princes to cease unreasonable severity, and (as they say) to think better of it.

The wise citizens (or community) of Athens, having regained Mitylene after it had fallen away, made a decision to kill all the citizens there and to destroy the city to the ground. A ship was sent to deliver this order to the army. The next day, however, after the matter had come up again before the judges, another decision was made that the punishment should not be inflicted on all, but only on the ringleader, while the city should be spared. So they sent another ship after it and ordered it to hurry so that it would arrive sooner than the first one. This was done; the citizens or Athens were not ashamed, although they ruled far and wide, to publicly change the first order.

4 There are many more examples of this kind, which are well known to you. There have also the

272 Section 2: Acts with England. No. 1278. w. xvn, 353-355. 27Z

Princes often changed their orders concerning the church, as Nebuchadnezzar, Darius. An order to kill the Jews went out under Ahasuerus' name; it was revoked afterwards. So also Adrianus and the Antonini changed their orders. Although an order has gone out in England, threatening punishments that are against the custom of the true church and against the canons (spiritual laws), I thought it would be possible to forbid this severity, in which not only the danger of those who have the same doctrine with us goes to my heart, but also this woe, that you allow yourselves to be used for other's fury and cruelty. I also regret that Christ's teachings are expelled, unrighteous customs (or ceremonies) are strengthened, and lecherous lusts are cherished. For I hear that the excellent, learned and pious people, Latimer, Saxtonus, Cranmerus and others are in prison, whom I wish Christian courage and strength.

(5) Although nothing can be better and more praiseworthy for them than to die in the confession of such obvious truth, I would not like Your Royal Majesty to stain himself with the blood of such men. I would most unwillingly see such lights of the church extinguished, and the enemies of Christ's godlessness and poisonous, Pharisaic hatred followed in it. I did not want the Antichrist to be pleased, who is sincerely glad that you are now fighting for him against us, and hopes that he already wants to regain his former rule through the bishops, from which he was thrown by godly and well-considered counsel. He sees that the bishops yield to your will for a while, but that they are related to him (the Roman pope) by an eternal, everlasting covenant. The Roman bishops know these arts; they have often read their way out of the most terrible storms by patience or listening 1). They know that everything depends on the times; they think of the word: Multa this etc., 2) that is, much has brought the time and trouble with the mortal men again on a good foot.

Many godly and learned people in Germany hoped that your reputation would have such an effect on other kings that the German princes would finally give up their unjust cruelty and make it their business to put an end to the errors. They thought that in this holy and beautiful cause, you would be a

1. contando or eunotanclo.
2. Virg. Xkll. lid. XI, v. 425 8H.:

Hlnltu, äiss VArlusHus lakor mutakili8 Lsttullt in llislills.

We want you to be the predecessor and the originator. But since you do otherwise, we are most grieved to hear it. The wrath of other kings is strengthened, the defiance of the wicked is increased, and the old errors of the past are strengthened again.

(7) But the bishops will certainly pretend that they are not fighting for error, but for right opinion and divine law. And even if they know that they are really acting against divine law and the apostolic church, their cunning heads can devise all sorts of apparent interpretations and, as Euripides says, good makeup, which seem to cover up the errors and abuses. This cunning trade is now considered wisdom not only in England, but also prevails in Rome, where the Cardinals Contarenus, Sadoletus, Polus paint the abuses with a makeup. In Germany also many of nobility are infected with such cunning. Therefore I am not surprised that many let themselves be beguiled there. And even if you have enough understanding and scholarship, even the wise are sometimes driven mad by cunning persuasion from the truth. The saying of Simonidis is praised, who in former times was known to the most famous men of his time, namely Themistocle and others: Opinion often does violence to truth. A false opinion often glitters better than the truth. And this happens mostly in religious disputes, since the devil transforms himself into an angel of light, and dresses up false opinions as much as he can. How beautifully Pauli Samosateni lets himself hear false doctrine or interpretation of the saying of John: "In the beginning was the word", and yet is full of godlessness. I pass over other examples. In the command itself, 3) how much is so cunning and put on screws!

8 Confession (reads one article) is necessary and must be kept. Why does he not say clearly: the telling of sins is necessary by divine right? The bishops knew that such an opinion would be wrong, that is why the words are put in a common way, so that the rabble is made a blue haze. When he hears that confession is necessary, he thinks that the narrative is necessary by divine right.

9 There is just such a blue haze in the article about breastfeeding masses, since the very beginning is quite wrong: It is necessary to keep the breastfeeding masses. Who has had this opinion for more than 400 years after the apostles, since there were no still masses? After that, however, the cunning pranks follow, that

3. See Document No. 1274.

274 Cap. 17 The renewed Schmalkaldic League. W. xvn, 355-328. 275

the people receive divine consolations and benefits through them. Why do they not say what consolations, what good deeds (or benefits)? The bishops do not think of the dedication (of the masses) for others, or of the merit, because they know that such things cannot be defended. They play with words, so that they can escape if they are punished. And yet they want the people to understand by this that the appropriation is meant for others. They want to reinforce the idolatrous delusion that this sacrifice earns others forgiveness of guilt and punishment, relief from all plagues, yes, profit in trade, and whatever else man's need and sorrow might suggest.

(10) Such mischievousness is also behind it when they say that the marriage of priests is against divine right. They know well what Paul says: "A bishop must be the husband of one wife. Therefore they know that marriage is granted to priests by divine right. But because they say that now the vows are added, they play with words. They do not say that the vows hinder marriage, but merely add the article that priestly marriage is in conflict with divine right. What insolence and cruelty do they then practice when they command that marriages be divorced and that those be put to death who do not wish to have such marriages divorced, since the vow of the priests, where such a thing existed or applied, bound them to nothing but that they would abandon the priesthood when they married. For it is evident that the Concilia and Canones require nothing more. O mischievous bishops! O impudent Wintonian, 1) who thinks that he wants to blind Christ's eyes and deceive the judgment of all pious people in the whole world.

(11) I have mentioned this so that when you see the bishops' mischievousness, you may judge their mind and spirit. For if they sought the truth seriously and honestly, they would not use this makeup and deceit. That is why the devil has the name of this art, because he snatches the word of God out of people's hands with such juggleries and distortions. Why do the bishops not openly admit that they do not want to allow any improvement of doctrine or worship, because it would destroy their reputation, wealth and pleasure? Why do their other followers not openly say that they want to keep the present form of the church for its benefit, splendor and tranquility? To confess this would be honest. But now

1. Bishop Gardiner.

They pretend to seek truth and godliness, but come up with bald excuses, and yet betray their opinion. Even such plasters and fig leaves do not help the errors. For there are false and ungodly articles in the same command, no matter how glaringly they have been presented. Therefore it would be desirable that the 2) bishops remember the divine threat in Isaiah: "Woe to you who make unrighteous laws! what will you do in the day of visitation and the future calamity?" 2c. "Woe to you who approve of evil" 2c.

I will now come to the matter itself. It cannot be denied that there has been long and terrible darkness in the church. Human statutes have not only been a torture of pious souls, but, what is even more terrible, have been held for worship, in which many things have been wrong. There were vows, gifts of temples, garments, food differences, cackled prayer, indulgences, veneration of images, invocation of saints by open idolatry, since one knew nothing about true worship and right works, and had great equality with pagan religions, the like of which can still be found in Rome.

The true doctrine of repentance, of the forgiveness of sins through faith in Christ, of the righteousness of faith, of the difference between the Law and the Gospel, of the use of the sacraments was unknown. The keys were misused to strengthen the papal tyranny, and the human ceremonies were preferred to the secular official duties, in magistracy (or household). To such errors was added a lewd, licentious life, because of the prohibition of priestly marriage. From this darkness, God saved the Church a little through the improved doctrine. For one must admit that such outdated errors were not brought to light and affected by human wit, but this evangelical light is God's gift, which shone again on the churches. For the Holy Spirit prophesies that in the last times the pious will have to contend most fiercely with the Antichrist, and that the Antichrist, with a great swarm and following of bishops, hypocrites, or princes, will set himself against the truth and kill the pious.

The fact that this is the case is evident from the matter itself. The Roman bishop's tyranny has partly introduced errors into the church, partly confirmed them, and still holds above them, as Daniel proclaimed. We were glad that you broke away from him.

2. Episcopo for Dxisoopos.

276 Section 2: Acts with England. No. 1278. w. xvii, sW-ssi. 277

and hoped that the English Church would begin to flourish again. But your bishops have not divorced themselves from the Roman Antichrist, but hold above his idolatry, errors and mistakes. For the articles that are now issued have been so chosen with diligence. For they confirm all the doctrines of men by confirming the vows, the single priesthood and confession. They also confirm not only the power, but also all errors, by keeping the silent mass. Thus they cunningly averted that no improvement could take place, and that their power and greed would have free rein. That the bishops sought this is a matter of fact. But whom should it not grieve that the honor of Christ should be so dampened? For, as I have said, it is not only these articles that are reported, but also all the other articles of pure doctrine. If human services are necessary and must be kept, why then does Christ say, "In vain do they serve me with the commandments of men"? Why does Paul so often reject the statutes of men?

(15) It is no small sin to establish worship services without God's command or to defend them. God utterly abhors such insolence, and wants to be known in his word, and not to have religions invented according to the fancy of men; otherwise all religions would be approved by all heathens. "Rely not," saith he, "on thy understanding." Therefore he sent Christ, that we should hear him, and not the inventions and poems of crafty men, who turn religions to their own advantage.

16 Now, as is well known, the silent masses, vows, the priest's single status, the recounting of sins in confession, are divine services instituted by men. For although the Lord's Supper is instituted by Christ, the silent Mass is a real desecration of the Lord's Supper. For what evil is there in the canon of the Mass alone, which says: Christ is offered here, and this sacrifice redeems the living and the dead? This is not what Christ instituted; indeed, in many ways it contradicts the gospel. Christ does not want to be sacrificed by priests, and such a work of the sacrificer or taker can by no means be a sacrifice for others. It is a blatant idolatry, and dampens the doctrine of faith and true use of the sacraments. We are justified by faith in Christ, and not by the work of the priest; and the Lord's Supper is instituted that the preacher may administer it to others, so that those who repent may be reminded of the sacraments.

to believe that the promises of the Gospel really apply to them, because here the testimony is before our eyes that we become members of Christ and are washed away by the blood of Christ.

(17) This usage, which was instituted in the Gospel and has been maintained in the Church for more than 300 years, must not be departed from. For it is impiety to apply a divine custom or ceremony to other things, as the other commandment teaches. Therefore, still masses, since they have departed entirely from Christ's institution by sacrifice, offering (or elevation), dedication to others, and in many more ways, must not be retained, but abolished. "Flee," saith Paul, "idolatry." But there is manifold idolatry in the still masses, and no wonder that the popes hold about it, because the Scripture says that in the last times idolatry will reign in the church, as Christ indicates when he says, "When ye shall see the abomination of desolation standing in the holy place," then, "He that ran it, let him take heed." And Daniel Cap. 12 11, 38. says, "And shall honor the god Maosim in his place, and the god whom his fathers knew not shall he serve with gold, and silver, and precious stones." Both places are about the Mass. This service, this shameful desecration abhors GOD.

(18) For what manifestly sinful things are in this custom! They seek profit with it; even the unworthy must take it, even if they do not want to; they use it to serve the living and the dead; they promise some good navigation, others something else. These are obviously their abominations, but other things are just as criminal, even if the simple do not see them that way. It is not necessary to perform divine services according to man's discretion, without God's command. That is why people err when they offer sacrifices without God's command, and make a sacrifice out of this work, and imagine that silent masses must be held because God wants to be honored through them. We also see that the masses are bought with gold and silver, great expense and ostentation, and that the Sacrament is carried around in gold and silver, since the Sacrament was not instituted for such a custom.

19 Therefore, since God commanded to flee idolatry, it is not necessary to keep the stillbirths. And I wonder why they said that it was necessary to keep them, since they did not exist before. In the purer church, 300 years after the apostles, were there any necessary things missing from the service? What more foolish thing can be said!

278 Cap. 17 The renewed Schmalkaldic League. W. xvn. 361-363. 279

(20) We see that people argue most zealously in favor of the still fairs, which is done more by some, because they are concerned about profit, and by others, because they want to take advantage of the pleasures of the mob, because they do not like to be deprived of such emergency helpers, as they think, than for a really sound reason. And yet the reason is certain and clear why it should be abolished. For there is no doubt that the bestowal (or giving of it) on others is ungodly, for the work of a priest does not merit grace for another, but each one is righteous by his faith. And God does not want man to build on some ceremony, but only on Christ's good deed. And the devotion even to the dead is certainly full of error. All the make-up is needed in vain to color and excuse such devotion. No one among the whole people disagrees that this work is useful for the whole Church. The Canon of the Mass also says it clearly. What, then, do the mischievous play and mock with words, since they deny that they impute the masses to others? since they know that by their action the error of the people is confirmed, even if they were of a different opinion. But who among them is of a different opinion?

(21) Let all falsehood and hypocrisy be removed from godly things and customs. Let us use them as the Scriptures would have us use them, and as the first church did for several centuries. Why has man's insolence departed from the old usage? Why is there now a defense of the error or guilt of others, which changed the institution of Christ?

(22) If someone were to say that he is not doing anything to others, then if he performs the ceremony in such a special way that he thinks that this sacrifice is a service that God wants, he must also reject it. For one must not perform the services without God's command in a human way and according to human conceit.

23 Therefore, for the sake of Christ's glory, I ask that you do not defend the article of the same command concerning the mass, but let the matter be better considered by pious and godly people. Our matters have the clear and firm testimony of the first church, which I oppose to all subsequent people's opinions and judgments, who have contaminated the old doctrine and customs with much error.

The other articles do not need a long argument. Unholy, fictitious and impossible vows are not to be kept.

25. there is no doubt that all have the opinion of the vows, they are those of

People ordered works of worship. This is also the opinion of those who speak in the most modest way. Others, however, add more error, as if these works were perfections and deserved eternal life. But all these opinions are often punished by God's word. Christ says, "In vain do they serve me with the commandments of men." And Paul says that these very statutes are a doctrine of devils, because they give false honor to human customs, that they are divine services, and obscure faith and true service. Likewise, he says to the Colossians, "Let no one deceive you with disguised humility, by the conclusions and teachings of men." Therefore, such errors of the doctrines of men are truly ungodly services.

There are many other infirmities. What superstitions the monastic state does not have, abuses of the masses, invocation of the saints, modes of dress, difference in food, superstitious prayers without measure! All these causes are enough why the vows are not valid. Yes, most people are married to this life for the sake of the kitchen, but afterwards the mantle of vows and devotion must be borrowed for this purpose.

27 Moreover, the vow of singleness is not possible for all, as Christ himself says: "Not all can take it. But vows that cannot be kept without sin must be torn apart, which we have already done elsewhere.

I was very surprised that in England the priest's vow is even more strictly enforced than the monk's vow, since the Canons themselves only want the priest to be bound when he is in office. And I am quite shocked when I read this article. It decries marriages, tears up those that have been contracted, and adds the penalty of life. Even though priests have been killed because of marriage, no one has ever dared to make such a law. For most of them saw that all sensible, wise and gentle people would abhor such cruelty, and they also feared that their descendants would speak ill of it. Who would believe that in the church, where one should be especially kind and gentle toward the pious, such cruelty could have a place, that because of marriage corporal punishment is inflicted on the pious?

29 But they break the vow. The bishops will object to this. Answer: But 1. such a vow, as said, is void and invalid, because it is a false service and impossible. 2. then, even if it were valid, it would still bind the bishops.

280 Section 2: Actions with England. No. 1278. w. xvii,3W-366. 281

not those who leave the priesthood. Finally, if here the bishops wanted to look at conscience, they henceforth ordained priests without vows, as can be seen from the old canons, that before many were ordained without vows, and since they were married afterwards, remained in office, as the cap. Diaconi dist. 28. testifies.

30 I do not know what to complain about. I cannot accuse ignorance in this article. Everybody knows the command of God: "For the sake of fornication, let every man have his own wife. Everyone sees how the celibate live; the complaints of the pious are known; the shame of the wicked is evident. But perhaps the bishops there have epicurean opinions; they think that God is not angered by fornication. And if they believe this, we certainly have a hard time with such judges.

(31) I know well that the celibate state of priests rhymes better with the prestige, splendor, and fortune of bishops and chapters (or foundations). That is why they may be so disgusted by the marriage of priests. But o a wretched church, if the laws are not to serve the truth, nor the will of God, but unjust benefit and profit! Those are mistaken who think they can give laws that conflict with God's commandment, with the law of nature, if they only serve to obtain wealth.

(32) And I am certainly sorry, most blessed king, from the bottom of my heart, both for you and for the church of Christ. You testify that you reject the tyranny of the Roman bishop and call him an antichrist: nevertheless, you defend the laws of the Roman antichrist as the sinews of his power, namely, the silent masses, the single status of the priests and other superstitions. You threaten pious people and members of Christ with severe punishments, and suppress the truth of the Gospel that is emerging in your churches. This does not mean to abolish the Antichrist, but to elevate him.

33 I ask you, therefore, for the sake of our Lord Jesus Christ, not to defile your conscience by defending such articles that the bishops have made about silent masses, confession, vows, single priesthood, prohibition of the whole sacrament. It is no small sin to strengthen idolatry, falsehoods, cruelty and fornication of the Antichrist. If the Roman bishop should now hold a concilium, what other articles would he choose before others and impose on the world than those which your bishops indicate?

34 Know ye the wiles of the devil, which playeth upon the rulers, and tempteth them. For there

he is an enemy of Christ from the beginning of the world, so he seeks this with all malice, that he may desecrate Christ, and spread profane opinions, and establish idolatry. Then, that the human race may be filled with unrighteous murder and fornication. For this purpose he abuses the wit of hypocrites and the power of mighty men, as the histories of all times testify, that the great empires have raged against the church.

(35) But God drew some princes from such a great multitude to the Church and taught them the true doctrine and worship, as Abraham taught Abimelech, Joseph the Egyptian kings. After that David, Jehoshaphat, Hezekiah, Josiah shone forth in godliness. Daniel brought the Chaldean and Persian kings to the knowledge of God. Britain (or England) has also delivered to the world the godly prince Constantium. I would rather have you among this multitude than among the enemies of Christ, who defile themselves with idolatry and shed the blood of the pious, whom God will punish, as he often preached and many examples testify.

36 I therefore beseech you, for the sake of our Lord Jesus Christ, to moderate and change the command of the bishops, and in this to consider the glory of Christ and your own, and to promote the salvation of the church. Be moved by the wishes of so many pious people in the whole world, who plead and wish that some kings would use their power to correct the church, to abolish ungodly services, and to spread the gospel. Look also at the godly men who are imprisoned for the sake of the gospel and are true members of Christ, and have mercy on them.

For if the command is not changed, the wrath of the bishops will always rage in the church. For they are the constant servants of his the devil's fury and hatred against Christ; he drives them to kill the members of Christ. Do not prefer their ungodly and cruel counsel and mischievous ideas to our true and righteous request, as all pious people plead and ask for it. If they do, God will surely grant you great rewards for such godliness, and your virtue will be praised through the writings and mouths of godly people. For Christ will judge those who do good or evil to the church. And as long as writings last, people will also speak and say about such things. And since we seek Christ's glory, and our churches are Christ's churches, there will always be people who support the good cause, praise the well-deserving, but the cruelty of others will not be praised.

282 Erl. 55, 177-179. cap. 17. the renewed Schmalkaldic League. W. XVII, 366-368. 283

will rebuke and reprove. Christ goes about hungry, thirsty, naked, bound, complaining of the popes' rage, of many kings' most unjust wrath; and prays that his body's members may not be torn asunder, but that the true churches may be protected and the gospel adorned. This one must learn to recognize and receive, as it befits a godly king, and is a most pleasing service to God. Be well. Nov. 1, 1539.

1279. Luther's letter 1) to the vice-chancellor Burkhard, how far the king of England should be allowed to go in

Articles are to be omitted. April 20, 1536.

From a copy in the Weimar Archives in the Leipzig Supplement, p. 75, No. 131; in De Wette, Vol. IV, p. 688; in the Erlangen Edition, Vol. 55, p. 133 and in Walch. The Leipzig edition and Walch have this letter addressed to Brück and have the wrong date: "April 1, 1535." De Wette has improved the year and notes that the date may also be too late.

It is my opinion, dear Mr. Vice-Chancellor, after my most gracious lord has requested, how far the king in England should be allowed to slacken in articles, that this cannot be slackened any further than we have already done. If one wants to speak or put it in other words (so that we do not despise other people's understanding), I am well satisfied; but the other articles and the main thing cannot be believed or taught differently, otherwise we could have more easily become one with the pope and emperor at Augsburg, and perhaps still would; and it would be shameful that we should not concede to the emperor and pope what we now concede to the king. It is true that one should have patience, whether in England everything can be brought into being so suddenly according to the doctrine (as has not happened with us either). But still the main articles must not be changed nor abandoned. The ceremonies are temporal things, may well be arranged in time by reasonable rulers, so that one may not argue much about them this time, nor worry until the right foundation is laid. But whether the alliance with the king is to be accepted, in the event that he does not agree in all articles with

1. This and the following letter belong to No. 1267, the one following it to No. 1268. (Walch.)

I will let the dear gentlemen and my most gracious Lord think about it, because it is a worldly thing; but it seems dangerous to me, where hearts are not of one mind, to unite outwardly. But I will not let my judgment be anything, God knows well how to use pious and enemies and all people's thoughts for the best, if he wants to be merciful. Actum Wittenberg, Thursday after Easter April 20 1536. 2) Martin Luther.

1280 Luther's and his colleagues' intercession to the Elector John Frederick for D. Anthony, sent by the King of England, to give him a secret audience.

September 12, 1535.

From a copy in the Weimar Archives in the Leipzig Supplement, No. 134, p. 76; in De Wette, Vol. IV, p. 632 and in the Erlangen Edition, Vol. 55, p. 106.

To the most illustrious, highborn Prince and Lord, Lord John > Frederick, Duke of Saxony and Elector, Archmarshall of the Holy Roman > Empire 2c, Landgrave in Thuringia and Margrave of Meissen, my most > gracious Lord.

Grace and peace in Christ, together with our poor Father-Our. Most Serene, Highborn Prince, Most Gracious Lord! We have been asked by the Briefs Zeiger, D. Antonius, kön. Maj. zu Engelland embassy, has asked us to entreat him to E. C. F. G. that he would like to have a secret or close interrogation at E. C. F. G., that he has reasons that his cause would not become extensive before one knew how or what. Since E. C. F. G. knows the man well beforehand, and brings good news to our attention, as much as is in his command, our humble request is that E. C. F. G. graciously grant him such interrogation.

On the other hand, he had previously acted well on M. Philip's promise to the king, and had done much to make the king highly desire M. Philip's, and had even resisted the journey to France (as D. Antonius further explained).

2. Also in the manuscript is the year 1535, but it was not until the winter of 1535-1536 that the negotiations on the doctrine were held with the English envoys. See the letters in De Wette, Vol. IV, p. 662 and p. 667.

284 Erl. 55,161-163. Section 2: Acts with England. No. 1280 f. W. xvli, 368-371. 285

2c.: our humble request, if E. C. F. G. could not do it before the journey in Austria, is not to be refused after the return journey (which God will blessedly grant with grace). Who knows what God wants to do. His wisdom is higher than ours, and His will better than ours. Thus M. Philippo, who is now so nobly called, wanted to make his absence much more difficult to think about, since he is otherwise overloaded with work, sadness and temptations, and almost always has been. E. C. F. G. will graciously take this into consideration and graciously show themselves accordingly. Christ, our Lord, be with E. C. F. G. forever, Amen. September 12, 1535.

E. C. F. G.

understated

Martin Luther, D. Justus Jonas, D. Caspar Cruciger, D. Joh. > Bugenhagen, Pomer, D.

1281: Luther's letter to the Elector John Frederick, the English embassy under

and others. January 25, 1536.

From a copy in the Weimar Archives in the Leipzig Supplement, No. 137, p. 77; in De Wette, Vol. IV, p. 670 and in the Erlangen Edition, Vol. 55, p. 121.

To the most illustrious, highborn prince and lord, Lord John > Frederick, Duke of Saxony and Elector, Archmarshall of the Holy Roman > Empire, Landgrave of Thuringia and Margrave of Meissen, my most > gracious lord.

Grace and peace in Christ our Lord, and my poor Pater noster. Most Serene, Highborn Prince, Most Gracious Lord! The Schweinitz castle owner has sent me a barrel of six buckets of wine from E. C. F. G., and I thank E. C. F. G. most humbly for it, and likewise for the wild pig, although I do not like to burden E. C. F. G. with it.

Otherwise there is so much giving, creating and carrying that I would and should spare E.C.F.G..

I had hoped that we would have gotten rid of the English messages in three days, but they are not thinking about it for a long time yet. I have probably arranged greater things and much in four weeks, and they have been bickering for 1) twelve years in this one matter, and when they face up to it, they will, whether God wills it, never get out of it. And E. C. F. G. is not sorry about such fare either, although they themselves say that it is too much, and desire nothing more than that they may consume their own money, and that they may therefore get what they would like; in this E. C. F. G. will well know how to take counsel.

I also humbly inform C.F.G. that those in Strasbourg and Augsburg have strongly requested that I should determine a time and place for us to meet, and that such a discussion would be necessary. However, I have first sent their request to E. C. F. G. and asked for advice, as I have to give them for an answer; for this concordia cannot finally be concluded, since we have spoken to each other verbally and thoroughly, and it is neither useful nor necessary (as you also write in response to my such notifications) that "a large crowd should come together, among them some restless, disruptive heads", and spoil things: I hereby ask E. C. F. G. to be so kind. C. F. G. graciously, which place or city E. C. F. G. would be most sorry for, because they do not propose any, without Coburg and the same area, that they would not have to pass through foreign dominion of the bishops, otherwise no place, neither in Hesse, nor in E. C. F. G. would be suitable for them. C. F. G. land should be too far away. Hereby be E. C. F. G. commanded to the dear God, Amen. On St. Paul's Day Jan. 25 1536.

E. C. F. G. Martin Luther.

1. Walch: "want"; in the original, which De Wette looked up: "wol".

286 Cap. 17 The renewed Schmalkaldic League. W.xvii,37if. 287

The third section of the seventeenth chapter.

Of the actions of King Francis I in France with the Schmalkaldic Covenanters.

1282 Letter of King Francis I of France to the Princes and Estates of the Empire concerning the Concilio and several other articles. Feb. 1, 1535.

This letter is found in Latin in Freher, script. rer. Zerrn., torrr. Ill, p. 295 and in German in Hortleder, Von den Ursachen des deutschen Krieges, torn. I, lib. I, eux. 18, x. 82.

1. by the grace of God Franciscus, King of France 2c., to all princes and estates of the Holy Roman Empire 2c. I would that princes and other high estates would so love truth and respectability that they would not vilify with lies those whom they cannot publicly accuse with truth: if so, I would not be so vilified among you in all places where one meets and, as I hear, in all banquets. If they now hope to cause unhappiness between us, who are related to each other by blood and many benefits, they should make a better pretense of such blasphemy, if they were wise.

They accuse me that the message of the Turks and the enemy of Christianity is honestly held by the most Christian king, and that the Germans, on the other hand, are not respected but persecuted. Item, that one sees people in Turkish clothing walking safely and freely in all places; on the other hand, no one is allowed to show himself in German clothing; that all Germans without distinction are considered heretics, accused, attacked, martyred and killed, and that all dungeons are full of Germans, who have no mercy and rescue to wait for, unless the German nation comes together and decides that a great, mighty army is sent to France to rescue the said prisoners by force.

3 Such are impudent men, who, because they cannot attack me publicly with the truth, invent such lies against my honor and glory; but they should paint the matter a better color, and not deal with such foul handles, and not regard you so unintelligently that you should be incited against me with such frivolous speeches, or as

you could not consider by whom, and why, or against whom such lies are fabricated; or that you, as high, wise princes and experienced people, do not know how to notice and distinguish truth from lies.

(4) And, dear friends and old covenant relatives, some articles which are true, and yet are intended to disparage me, have been done by those themselves who order me to be blasphemed with them. To this I will reply, not because I am concerned that such wicked, frivolous people might harm my honor among you, but rather so that I do not give cause by my silence for such lies to be spread further.

(5) And though I would speak more honestly and kindly of those from whom this disparagement originally came, on account of our sisterhood and the majesty and grandeur of their realm; but since this cannot be done on the occasion of these things, for they are primarily meant here, I still do not want to answer too harshly; and although something that might annoy them has been reported, it should be done in such a way that it is felt that I did not feel like such scolding, but that the matter required to be reported.

First of all, I want to ask them themselves: Since they themselves sent messages to the Turk several years ago, and had the Turk's messengers with them, and their advertising was not so honest, and they did this without the knowledge and advice of others, to whom it is reasonable to send such messages, and who are also concerned: Why should I not have the power to send and receive messages for the honor and peace of the common Christianity, as you will hear? Must I then conform so completely to their will that I may not send or accept messages without permission? Or should I, according to their will, against all rights and good customs, do violence to messages, even if they are sent by enemies?

(7) That I now call the Turk Solimannum an enemy is due not only to the fact that he is an enemy of our religion, but also that he is your enemy, whom I am inclined to help. And have

288 Section 3: Acts with France. No. 1282. W. xvn, 372-375. 289

For this reason, since the Turk had planned to attack Germany, I wanted to place my body and fortune with you, and have renounced the Turks, and have called the King of England to me for help in this war, as England and I are accustomed to hold together, and to conduct all our affairs. I have also written to you, the emperor, the pope and others, who have also written to the Turk, offering to go against the Turk first, and to accept three thousand cuirassiers, fifty thousand on foot, among whom I would keep thirty thousand Germans under my pay.

8 On the other hand, some of me have pretended that the Turk practiced with me, and that I incited the Turk to this move, when I have offered all my power against him, to give him pay, and to keep men against him at my own expense. But the fact that the Turk has now sent an embassy to me has this form: "If we want to mean the common good, we will find that it is primarily by God's grace, and then by my faithful diligence, that the reported Turkish legation has been sent to us for the benefit of common Christendom; as we have always held the prosperity, reception and welfare of common Christendom in higher esteem than our own affairs.

9. For although some have previously sought peace from the Turk, so dishonestly that they have also committed themselves to annual tribute against him, so that, if they were safe from the Turks, they might all the more easily oppress and subjugate other potentates, as they then seek such tyrannical sovereignty: I have nevertheless rejected the present peace, which is offered by the Turk himself with good means, and do not want to accept it, unless it would be brought along in such an established peace that all other states and Christian potentates should be safe from the Turk and his hostile behaviour, harassment and war.

(10) Up to now, nothing has prevented the Turks from accepting the peace they wanted, except that they have noted that some of them intend to make a monarchy over us and other potentates; and if the Turks were willing to stand still and make peace, they would in the meantime rise and grow to such a power, which would be dangerous to them and us, as well as to other potentates.

(11) But if it were to be acted upon, or obtained in some way, that peace might be kept by all parts, and that each might be content to possess and retain that which he has a right to, the

The Turk suffers well, and desires it most that he may be safe from war and attack from us and other Christian potentates, and wage his wars outside the Christian kingdoms.

12. Therefore we may say with truth that now we Christian potentates have, as it were, in our hands, whether we want to turn such a mighty, powerful enemy away from Christian lands and kingdoms by an established peace, without war, great misery, destruction of many countries and people and bloodshed, or, for the sake of one or two potentates who seek their own and know neither measure nor end of their ambition, who, if they should rise to such high and mighty power, would also have to be driven by other potentates, let the common Christendom be led into terrible wars, since the end is uncertain; And even if we were victorious, it is to be feared that Victoria would be used for the oppression of other potentates.

(13) What other potentates consider good here, we put to every one's consideration. Truly, we take it for granted that all who think to hinder or refuse this most important deal, to make peace with the Turks, or to do so in a proper way, give little thought to their Christian duty (we do not want to use harsher words this time).

For after these difficult times, when Christendom is divided among itself and many erroneous sects have broken out, it is highly necessary to have peace and a little breathing space for a time, until Christendom is refreshed again, and a universal council is held to discuss and order this controversial opinion, which would be useful for the salvation of the church and, according to the opportunity of the time, for the salvation of souls, and would serve for lasting peace in the future.

15 And if God had intended that Pope Clement VII should have lived for several more years, you should have experienced and seen that we would have come to right harmony again in a short time. For you have undoubtedly understood from our destinies what the said Pope and I therefore discussed and acted with each other. But the fact that the council was not determined and announced so soon was due to the fact that the aforementioned pope told the emperor to hold the council at a place in Italy; on the other hand, I was advised, in my opinion for well-founded, good reasons, that since he, the pope, and the emperor had a large army in Italy, it should be considered that they only wanted to force their way by force to that which they would decide there. About that, that because the emperor is in contact with many

290 Cap. 17 The renewed Schmalkaldic League. W. xvii, 375-377. 291

In order for him to keep me out of Italy, I could not go to the proposed site without suspicion if I went armed, and again without danger if I came unarmed.

16 For this reason I consider it more convenient that in Germany, at the border, where there is nothing to worry about, the council should be held; which would be more necessary than it is for the common Christianity, if it were not held in a suspicious and uncertain place, so that it would be dangerous again, lest greater quarrels and trouble arise from it.

And God grant that we may obtain from the new Pope Paul the Third what was not accomplished during the life of Pope Clement. For the same, as I hear from all who know him thoroughly, has always been impartial, has also been elected unanimously, without his doing or desire, so that for this reason he has nothing to worry about in the Concilio, which might not have happened to the others; That is why they may have had so little desire to attend the Council; and this reputation and virtue of his, as well as the fact that he is not biased, I have held in such high esteem that, even though the Cardinals who were related to me could have elected one of my part, and thus made a more 1) if I had wanted to: but I have applied all diligence and effort to the election of this one alone; and this may be said with truth, as almost all the Cardinals know that I sought first of all, after the election, that a council be announced in a convenient and secure place, and that he primarily sought only God's glory and ways, so that Christianity would again be brought to unity.

18 Thus is my excuse concerning the Turkish legation. And since I have reported about the Concilium and common peace and harmony of the churches, I also ask most earnestly that you admonish your preachers and scholars to think of ways to alleviate the disputes of religion and to bring them into unity. And for the sake of the council, let me know what you think is good that I should do, because, as much as I have, I do not lack diligence or effort.

19th But further, what concerns the punishment of some, because of which I am reviled among you, and the other article is of this letter, you shall know that the matter happened thus: Last autumn, after my skilful one had come home again and had told me about your preachers and scholars

1. This is a majority of the votes.

I have brought some writings to you on how to act in this discord, which gave me good hope that things would be set right; but the enemy of truth and father of lies has awakened some not only foolish but even nonsensical people, who have been subject to sedition and other unchristian acts; Which new articles I would rather suppress, and let remain in the places where they arose, than spread among you, as the highest estates; for if such things also existed among you, you have undoubtedly punished them. But in order to prevent such evil, which has led to a terrible uprising, from spreading any further, I have prevented it with all diligence, effort and work; I have had all of their followers, who understood what was right, punished, and in this case, no one, regardless of his class and nation, has been spared.

(20) And if anyone had been of German nation, he also, like the others, should have been punished, and I hope it should not have been contrary to you; which also again, if it happened by mine with you, and I wanted to have complaint of it, I did not act as was due or due to a kinsman or Christian king with you.

21 However, no one of the German nation has been taken or suspected among such abusers, which I am very pleased about; and God would have it not happen among my own. Therefore, it is actually true that no German has been killed, since all heretics would be considered Germans, as my detractors interpret this. Also, as far as I know, no German has been imprisoned or conscripted. There are also Germans publicly at my court, namely several German princes and many of the nobility, and in the towns and villages there are many students, merchants and craftsmen, who all, like other my subjects, even as my own children, live and walk safely with me.

22 Therefore, dear friends and old covenant relatives, you have enough to note from this clear report on what grounds such forced, unfounded disparagement of me is urged by those who are more hostile to you and the whole German name than to me; for they realize that they are so weakened by our kinship and friendship that they are not able to suppress both of us, me and you; for which reason they also work fiercely to make discord and to agitate us together,

2. Here we have deleted "to".

292 Section 3: Actions with France. No. I282f. W. xvn, 377-330. 293

and consider that it should be their prosperity, which part would suffer, and so that they would arm themselves all the more easily, if we were weakened by each other ourselves, and thus spoil us with less effort.

23. But our relationship, which I respect as a special gift and benefit of God, for the good of the German and French nations, is so strongly rooted that we hope it will not be torn apart by such treachery that you will not be moved against a king who is your friend, who has never done you any harm, but, like his forefathers, shows you support for your honor and benefit, whom no one may consider a weak friend or enemy.

God preserve your majesty and honor. Dat. Paris (1 Feb.) Anno 1535.

1283 Spalatin's protocol of the conversation between the French envoy Langaeus on one side and Chancellor Brück, Melanchthon, the Landgraves and Jakob Sturm on the other. December 20, 1535.

The original of this document is found in the Weimar Archives, 8, col. 99, n. 42, reprinted from it in Seckendorf's Hi8t. Uutk., lid. Ill, x. 105 and in the German Seckendorf, p. 1447.

What the king's orator in France, Guiliel-mus Bellajus, Langaei dominus, with D. Brück, Chursächsischer Kanzler and the others on Monday after the fourth Sunday of Advent (that is the 20th December) at Schmalkalden quite early has acted.

I. As far as the primacy of the pope is concerned, the king in France holds with ours, namely that the pope has it only by human, not by divine right. The king in England, however, does not want to admit that he has it by human right. For up to now, the Pope of Rome has been able to depose and install kings according to his own pleasure, as he is now doing in England, even though the King of France begs against it, and the Cardinals themselves beg against it, even though the latter fears neither the Roman Pope nor all his followers.

II Our opinion of the Sacrament of Holy Communion pleases the king, but not his theologians, who seek to preserve the transformation in every way. Accordingly, the king is looking for something certain on which he can rest, because he alone is lord in his kingdom.

III There is a great dispute about the mass (in the margin it is written: the royal orator has also added prayer, invocation and intercession of the saints to these). The king said: "Our people must give in a little, yes, ours must allow his mass; one must also keep moderation and not hold more than three daily in the parish churches: the first one in the morning hours for day laborers and for servants, the two others for the others. The king also thinks that many prayer formulas and legends, as clumsy and ungodly, should be abolished or at least improved; for there are many inconsistent and ridiculous things in them, like that of Carl the Great. Therefore, he said, things must be brought back to the old state. For the king had said that he had an old prayer book written many years ago, in which there was nothing about the intercession of the saints; he had also heard that Bessarion had once said: the new saints made him much more work than the old ones. Accordingly, the king agrees with us in the article on invocation and prayer; nevertheless, one could mention the saints in the prayer in such a way that, for example, if the memory of Peter or Paul, as they suffered shipwreck, were to occur, we would pray and believe that we would also be saved in danger and distress. For remembrance, and not for intercession.

IV. The king also approves our opinion of images of the saints, so that the people are taught that they are not to be worshipped, but can be kept in memory.

V. About the merit of the saints, the French theologians remain firm in their opinion, and say: they deserve in such a way that they are heard for us; here it is now necessary to work so that the king understands the truth.

VI. The king also likes our opinion of free will; for although the theologians disliked it at first, after reading Philip's (Melanchthon's) Locos communes, they agreed with our opinion.

VII About purgatory, the theologians defend their opinion most vehemently, because mass, indulgences, legacies, mass stuff, and recently everything depends on it. For they would see that otherwise they would lose all opportunity to gain goods, honors and everything. When the king gave them a few months' notice and they accepted it, they gave the king no answer, even though they had promised to prove purgatory from the Scriptures. Finally, when the king pressed them, they said that it was not necessary to give "the sword" into the hands of the enemies, because where they had written something about it, they had not given it to them.

294 Cap. 17 The renewed Schmalkaldic League. W. xvii, 380-382. 295

If we put it on, ours will refute it. Therefore, it would be useful for him, the orator, if one of our people wrote to the king from Purgatory.

VIII. Concerning good works, the theologians stand firm in their opinion, namely, that good works are necessary. He answered them, however, that we also say that they are necessary, but not that we are justified and saved by them. The orator added that the heresiarch was of a better opinion in this matter than the theologians, as he confessed that he had learned so much from Philip's Loci communes that he now understood Augustinum and Ambrosium better than before. The heresiarch also thinks rightly of the faith; he therefore believes that one can compare oneself in this piece.

IX. With regard to the monastic vows, he said, the king hoped to receive so much from the pope that, although boys were admitted to monasteries to teach them, they would not be forced to take monastic vows before their thirtieth or fortieth year, but would be left free to leave the monastery again and marry if necessity required it. This, the king says, is not only useful for the church, but also for the secular government, so that one has people who can be used for offices. Therefore, the king is not pleased that monasteries are destroyed, but that people are not forced to take vows; for one must try to come to unity gradually, just as one cannot break a horse's tail all at once, but little by little. Therefore, monasteries must be set up in such a way that they will be good schools in the future, in which learned people are maintained to teach the youth and young people to learn. Besides, it is necessary and useful to keep moderation. But the king hoped to receive from the pope that he would also be of this opinion.

X. The orator said that the French theologians do not approve of the marriage of priests; but the king likes this means, that our married priests are allowed to live in marriage, the others, and those who will enter the clerical state in the future, remain in single status, or, if they marry, they are deprived of the priesthood and the parish office. For the saying of Abbot Paphnutius referred to by ours does not belong here, as the theologians judge, who say that the Concilium speaks of those who married before they became priests, for that some should have married after they had already been priests is nowhere to be found.

XI. The orator said that the king had diligently acted with the Roman pope Clemens, and that he hoped to receive so much from this pope that he had decreed and ordered that everyone should be free to receive both or one form according to his conscience. The King further affirmed that he had heard from very old people that 120 years ago in France both forms were also administered to the laity, but by means of a chantry and in a chapel, not in a public church, and so also today the kings in France receive the Sacrament under both forms. Therefore the king of France, when he reproached the theologians, had to hear that this was permitted to the king, but not to the laity; for it is written of and to the kings: You are the chosen race, the royal priesthood.

Further, after finishing these articles, as we were about to leave, the orator added the following: Pope Clement had ordered the Spanish Cardinal St. Crucis to improve the prayers and chants, and he did so, inserting psalms instead of the ungodly, clumsy chants. But the French theologians condemned the Cardinal for this. For the Sorbonne theologians arrogate to themselves such great dominion that they are not afraid to condemn not only us as heretics, as they speak, but also the Cardinals and the Pope himself. The orator also said: the article of justification, as it is explained by ours, the king considers to be right. Furthermore, because this cause was great and holy, the king was dealing with a union of the churches. He, the orator, had once dealt with the Dukes of Bavaria, but found them tougher than the Sorbonnists; however, their toughness has recently been broken to such an extent that Bonaccursius promises that they will now give a more lenient answer. Julius Pflug also assures a better from his Duke George and the Elector of Mainz. However, it would be very agreeable to the king if two or three scholars of ours were sent to him, who would hold a discussion of these things before him; for the king wanted to summon to this discussion both the very hardest Sorbonnists and those who hold with us, to bring the evangelical truth to light. In addition, the king thinks that our princes and estates should not declare themselves before they have obtained the opinion of the kings of France and England, which the kings in question also want to do. Moreover, it is not advisable, even though a concilium may be

296 Section 3: Actions with France. No. 1283ff. W. xvn. 332-331. 297

It is necessary to keep it now, for if it is replaced at this time, the better and purer part will be overcome and suppressed by the greater. In the past, the kings of France and Navarre were deprived of their kingdoms, and this for no other reason than because they claimed that the concilia should not be proclaimed by the Roman pope alone, but also by the emperor and kings. Just as today the Emperor does not have possession of the Kingdom of Navarre under any other right than because King Ferdinand of Spain drove the King of Navarre out of it when the Pope so deprived him of it. Summa, the king was very much inclined to this matter, and he liked a safe place for the Concilio, where only men could freely express their opinion. In addition, he thought it would be very useful if the princes and estates would send a letter to the King of France at this convention, asking him to reinstate those who had been expelled for their faith and not to pay them anything for what they had believed, said and done.

1284 King Francis' letter to Melanchthon inviting him to France. June 23, 1) Anno 1535.

This letter is found in Melanchthon's sxist., lid. I, v. 70; in Goldast's oonst. iurp., tom. Ill, x. 560 and rm Usfi, vol. II, 879.

Translated into German by M. Aug. Tittel.

Francis by the Grace of God, King of the French, to our dear Philip > Melanchthon our greeting!

I had indeed earlier heard of your special zeal and diligence to settle and quiet the disputes that have been introduced into Christian doctrine from our chamberlain and councilor, Wilhelm Bellai Herr von Langen (Langaei^2^ ) domino),

I have heard and seen from your letters to him and from the speeches of Barnabä Vocäi Fossä, who has returned from you, that you are also willing to take on this task, next time.

1. Thus the Oorp. Rst.; Walch has the 28th of June.

2 ) He also signs himself: DanMU8. See Seckendorf, nist. Uutü., lid. Ill, x. 106 d. Compare the beginning of the previous number.

I would like you to come to us at least, and to discuss with some of our teachers about the unification of the doctrines personally with us, and to make means, so that the excellent harmony of the church state will be restored. Which is the only thing that has always been so dear to my heart that I have desired nothing so much, striven for nothing so much, and been anxious for nothing so much, as for this very thing; therefore I do not want to refrain from sending this Vocäum Foffam to you again immediately with this letter, as a testimony to my loyalty, and at the same time to ask that you not let yourselves be pulled away from this good and holy intention by anyone's coaxing. You will be very welcome to me, you may come on your own behalf or on behalf of others as an emissary, and you will indeed learn that I have always cared and still care for Germany's honor and the common peace in general before others. Farewell. From the city of Bruk, 3) June 23, 1535.

1285 Melanchthon's petition to the Elector John Frederick of Saxony, in which he asks for permission to travel to France for religious reasons. Approximately August 17, 1535.

This letter is found in the Altenburg edition, vol. VI, p. 1428; in the Leipzig edition, vol. XXI, p. 88 and in the Oorp. We assume that this letter was written either at the same time as the next one or shortly before. Walch does not have a date.

Most Serene, Highborn Prince and Lord! E. C. F. G. are my poor services in subservience before. Most gracious Prince and Lord! After some, namely 18, were burned in France in Paris because of religion, and many were caught and escaped, and the brother of the bishop of Paris, along with some others, took upon himself to turn the king to pardon, the said brother of the bishop wrote to me and had it written that the king was inclined to speak to us about this religious matter, and that for this reason the persecution had been stopped, according to the same writings, which my favorable lords, D. Martinus and D. Brück, read; then the bishop's brother asked me to go for a ride in France. To whom I thus replied to their vehement letter that

3. The variants that can be found for this", name are: In 6orp. Rot.: Drukso; in koue.: Oulsi; in 6oä. Ootfi.: OnosE; in 606th Das.: Oio^ss, and in Ooä. Dav.: OrÜ86.

298 Erl.65,102f. Cap. 17. the renewed Schmalkaldic League. W. XVII, 384-386. 299

I was concerned for many reasons that even if I were called upon to do these things, the opposite would be so powerful and mighty that I would accomplish little. However, I have finally decided that I would nevertheless offer myself, if they would consider it to be fruitful, to be at the will of the king and them; but with E. C. F. G.'s permission, and if I had the king's escort. I also wrote the other day that I wanted to do such a thing for my own person, and I did not want to burden E. C. F. G. or other estates with this. The King has now sent me his escort and requested that I come, although I could now dispute all sorts of things about the letters, since it nevertheless has the appearance that I have offered myself in part. For if I were to refuse, it would be regarded as contempt, or as if I were shy of the matter. Item, that it is practiced by the bishop of Paris and his brother for relief, I wanted to do this ride in the name of God, if E. C. F. G. graciously allowed me, for my person, as privata persona. For it is true that this great, important trade of religion must be presented to the great potentates and foreign nations as much as possible, so that they will begin to hear this teaching, and not at the same time condemn Anabaptists and us, as our enemies hold us all equal, and pretend to the foreign nations. This alone is my concern, and I seek nothing else in this. And although I well recognize my person's low standing, also my clumsiness, I am nevertheless moved by the fact that the enemies, if I do not appear, will interpret this as if I were shy of the things, and perhaps the people who have done this to alleviate the persecution, would also like to be reprimanded against the king. As another clever man has already let himself be heard, he did not want to come back to France if I did not go with him. All this moves me. Although I have a great deal of difficulty and concern in this matter, I will nevertheless have the matter submitted to E. C. F. G. and ask that E. C. F. G. will graciously consider the trade and, if it is deemed harmless, graciously allow me two or three months for my person as long as possible. I have spoken with D. Caspar Creutzigern, who in the meantime will have all the more diligence and work in Jena 1). In addition, I have also received through others the lecture for the youth, also the lection

1. On August 19, the university was moved from Wittenberg to Jena because of the plague. For the sake of the plague, Melanchthon must have gone to Torgau, from where this letter is dated.

M. Francisci, and put all this to E. C. F. G.'s gracious consideration. God graciously preserve E. C. F. G. at all times. Date Torgau, Anno 1535.

E. C. F. G.

most subservient

Philip Melanchthon.

1286 D. Mart. Luther's letter to the Elector John Frederick of Saxony, in which he strongly urges him to allow Melanchthon to make this journey. August 17, 1535.

This letter is found in the Eisleben edition, vol. II, p. 850; in the Altenburger, vol. VI, p. 491; in the Leipziger, vol. XXI, p. 89; in De Wette, vol. IV, p. 6l9 and in the Erlanger, vol. 55, p. 102 (the latter reports that the original is in the gräflich Ortenburgische Bibliothek zu Tambach in Oberfranken). Also in 0ulN6rariu8, vita Llslaveü., Hai. 1777, x>. 431.

To the most illustrious, highborn prince and lord, Herr Johanns > Friederich, Duke of Saxony and Elector, Archmarshall of the Holy Roman > Empire, Landgrave in Thuringia and Margrave of Meissen, my most > gracious lord.

Grace and peace, with my Pater noster. Most Serene, Highborn Prince, Most Gracious Lord! I humbly and most earnestly ask you, E. C. F. G. want to allow M. Philippo in God's name to move to France. I am moved to such a request by the lamentable writing of the honest, pious people, who have hardly escaped the fire, and M. Philipp's future has brought the king with all diligence to an end of the murdering and burning. Should the people now lack their consolation, the bloodhounds may gain cause I fear that M. Philip cannot in good conscience leave them in such distress and deprive them of their heartfelt, necessary consolation. Without what suspicion the king himself and his own would draw, perhaps also from all of us, because he so graciously writes and sends word on M. Philip's promise himself.

Your Lordships wanted to dare, by God's grace, the three months of M. Philip. Who knows what God wants to do, which thought

300 Section 3: Actions with France. No. 1286f. W. xvn. 386-sss. 301

are always higher and better than ours. So I would also be sorry for my person that so many pious hearts, which call M. Philipps miserably and certainly wait for him, should be saddened, and perhaps also many others take evil thoughts from us. Therefore, we ask once again that Your Lordship will graciously hear M. Philip and not refuse. Our prayers are not possible without that of Your Electoral Grace. Our prayers are offered daily before God, and also in diligent work; may He guide and strengthen Your Electoral Grace with His Holy Spirit for M. Philip. May he guide and strengthen your electoral grace with his Holy Spirit to his gracious, good will, amen. Tuesday after Assumptionis Mariaw August 17 1535.

E. C. F. G.

subservient

Martinus Luther, D.

1287 Philipp Melanchthon's letter of apology to the King of France that he would have to postpone the required journey.

Aug. 28, 1535.

This letter is found in Melanchthon's opist., lid. I, p. 71; in Pezel's oolloot., pari. I, x. 218 and in the Oorp. Lok., vol. II, 913.

Translated from Latin by M. Aug. Tittel.

To the King of France Francisco Philip Melanchthon wishes salvation and grace.

1st Most Christian, Most Great King! Since beautiful France possesses so many other ornaments above all the kingdoms of the world, it is also to be praised most highly because it has always been ahead of all other nations in learning, and has always stood on guard, as it were, in defense of the Christian religion. Therefore, it rightly bears the blessed title of the most Christian of all, about which there can be no more delicious and glorious praise in the world.

2 Therefore, I wish Your Royal Majesty happiness that she is also now concerned to preserve the Church, although not by force, but by the right way and the way that befits one of the best and most Christian kings, and that in these disputes between the two parties, she will bring heat to the Church.

The church seeks to moderate the Christian doctrine, to save and purify Christ's honor, and to promote the prestige of the clergy and the tranquility of the commonwealth. Nothing can be more praiseworthy than this sense and intention, which may rightly be called royal. Therefore, I ask Your Royal Majesty not to abandon such concerns and thoughts. For although common discord in some places gives place to heated and evil teachers, it has been sufficiently revealed by pious men what the church is primarily concerned with and what must therefore be primarily sought. So whether the will of the wicked can be tamed, I ask Your Royal Majesty not to be tempted by the judgments or writings of some hard people to have good things and things useful to the church destroyed as well. I have never been pleased with too vehement an opinion, or that the beautiful and holy order of the churches might be disrupted by it, for all should love and hold fast to it. And so, I know, are all the pious men among us, as much as they do the scholarship that I do.

Therefore, I testify before God that as soon as I received your Royal Majesty's letter, I endeavored to travel to your Royal Majesty as much as I always could. For there is nothing dearer to me than to help the church to a certain extent according to my little, and I had good hope, since I saw that your Royal Majesty was of such a godly and easy-going disposition, and would like to have advised the honor of Christ. However, your Royal Majesty will hear from Vocaeus what difficulties I still have to endure a little; which, although they may delay my journey a little, they have not been able to turn my mind away from the intention of the journey, nor from the diligence and zeal to settle such disputes. But Vocaeus will report all this in greater detail.

Finally, I commend myself to the grace of Your Royal Majesty and promise that I will always base my opinion on the judgment of learned and pious men in the Church and join them. Christ keep your Royal Majesty healthy and happy, and govern her to promote the common salvation of the world, and especially to increase and spread the glory of God. Given in Saxony, August 28, in the year of Christ 1535.

302 Erl.ss,ssi f. Cap. 18. of comparisons of religions. W. xvn, 339-391. 303

The eighteenth chapter.

Of the comparison of religions sought through various conversations, meetings and imperial congresses.

First Section.

Of the Convertions at Frankfurt, Schmalkalden and Hagenau.

1288 Some legal scholars and theologians in Wittenberg, especially Luther's, have concerns about the counter-defense that the Elector of Saxony had drawn up before his departure for the Convention in Frankfurt.

See St. Louis edition, vol.X, 558 ff.

1289. D. Martin Luther's exhortation to all Protestant pastors to pray diligently that God will avert the danger coming from the Turks and Papists. February 1539.

This circular letter is found in the Wittenberg edition (1559), vol. XII, p. 222b; in the Jena edition (1568), vol.VII, p.283; in the Altenburg edition, vol.VII, p.307; in the Leipzig edition, vol. XXI, p. 306; in the Erlangen edition, vol. 55, p. 221 and in De Wette, vol. V, p. 168. The time determination is according to Seckendorf, nist. Imtb., lib. III^p. 253a, § 77 added.

To all pastors in Christ who love the Gospel, D. Martin

Luther.

1.. Grace and peace 2c. Until now, we have been misled by so many new newspapers and cries of the Turk's attack that we almost do not know what to believe. And may the wrath of God be nearer to us than we think, and the Turk then overtake us, when we would be safest, and, like the wolf, would live without worry, as happened in the time of King Ludewig: so that I can see that the best defense now is that we arm ourselves with prayers against him, so that God Himself may

would graciously steward and control such ruthlessness, forgiving us our sins, which are great and many, in honor of his holy name.

(2) Moreover, the papists have long had in mind to cause a disaster in German lands, cannot stop it, rage the longer the more, and would have liked to do it now in the past summer, when God would not have been particularly in favor of it; and they are so blind to the state that they do not realize that the beginning might be with them, but the cessation not with them, but might have to go down with them. For I have no concern (where God does not want to do a miraculous plague) that they should carry out their intention, for that is too far away; but I am concerned that where they start and our part has to defend itself (as they are obliged to do, and I will also advise confidently that one should not be afraid of such evil consciences and damned things anywhere, and throw oneself among them as among mad dogs): then such a war would result, which could not cease until Germany would be basically ruined.

Because our sins in both parts are very mature, great and strong, there with lies, blaspheming God, violence, murder, pursuing innocent blood, 2c., but here with ingratitude, contempt of divine word, avarice and much willfulness, my great concern is that God, through His all too attempted wrath, would let one, or perhaps both, of these two rods pass over us Germans one day. For this reason, I am making an amicable request to all pastors (so that I may do my part) to faithfully admonish their people, and to diligently help them to overcome these

304 Section 1 Convente zu Frankfurt 2c. No. 1289 f. W. xvn, 391-393. 305

two rods of God, so that they may fear and become more devout. For it is not a joke, and I am afraid of our sins, nor do I like to be a prophet, for what I prophesy tends to come true.

4. On the other hand, that they also wanted to ask and call upon God with earnestness, because it cannot be otherwise than that Germany must pay God once for a foolishness, because there wants to be no measure of sin, but more and more and more angry, that His divine mercy will send us home with another rod, be it pestilence or any other, so that the principalities, estates and regiments may remain, and not let the Turks attack us so safely and sleepily, but much less let us eat and clean up among ourselves through the papists' ravages. Truly, it is time and need to ask. For the devil does not sleep, the Turk does not delay, the papists do not rest; there is no hope that they should turn their thirst for blood, they do not lack will, anger, goods and money, but at the beginning they have everything enough, without God not having given them enough courage nor fists; otherwise Germany would have been drowned in blood long ago, as the pope and his have threatened us.

Since in this there is neither human counsel nor power to ward off such bloodhounds, but God alone must ward them off, as he has done until now: so be pious and ask whoever can, that God will not remove his hand and let us be tamed 1) according to the merit of our grave sins on both sides. The papists do not pray, cannot pray because of their thirst for blood, do not see their thorough destruction, cannot see it because of blindness, wickedness, hope and wealth: So let us be pious and courageous and pray, who see and pray by God's grace; so we know that we are certainly heard, as we have experienced until now, what great thing our prayer has done, so that no blasphemous pope can notice, as it is written: Tollatur impius, ne videat gloriam Dei.

1. "to tame" - to control and rule. Cf. St. Louis edition, vol. VII, 1785, p 19.

1290. D. Mart. Luther's letter to Melanchthon in Frankfurt. March 2, 1539.

This letter is found from 4. H. a gsslsn Oslieias sxist., p. 1 at Strobel-Ranner, p. 20; from Aurifaber's unprinted collection, toi. 270 in Schütze, vol. Ill, p. 193 and in De Wette, vol. V, p. 170.

Newly translated from the Latin.

To the highly famous man, Mr. Philipp Melanchthon, the faithful and > sincere servant of Christ, his exceedingly dear brother in the Lord.

Grace and peace in Christ! Today I received your letter and that of Myconius, my dear Philip, and heard with joy 2) that the unanimity of ours is firm. We pray for you that the Lord will give you the spirit of counsel and knowledge against the thoughts of Satan. There is great expectation as to what the outcome will be for you, and we assume from your great silence that the crisis is very severe.

The Antinomians have also begun to rage in Saalfeld. The council has requested me as arbitrator, and wants to order that the disputants, Aquila and the Diaconus, come here; I have transferred the matter to Justus Menius 3). Nor does M. Heinrich Harn pursue the matter casually with Margrave Johannes, as a fervent disciple of this our newt, 4) who has boasted: "I mean, those at Wittenberg have gotten a lector who will teach them the Dialecticam." Behold the eagerness to harm in such great evangelists! Christ tread Satan under our feet, amen.

Κόλας 5) again has a triumph davon-

2. Instead of Isetis in De Wette, we have assumed lustus with Seelen, who, as Walch says, published this letter from the autograph.
3. as visitator of the Thuringian district (De Wette, vol.V, p. 165).
4. LtsIIionis. Thus, Elder. Joh. Agricola is called. See Tischreden, cap. 37, 8 60 and H 56, St. Louis edition, vol. XXII, 1047 and 1044. In both places also Ll. Hain is mentioned.
5. This refers to the highwayman Kohlhase. Compare also Luther's letter to Kohlhase of 8 Dec. 1534 (in the editions: "Au einen Ungenannten"), Walch, old edition, vol.XXI, 373 and De Wette, vol.IV, p. 567.

306 Cap. 18. of comparative religions. W. xvii, 393-396. 307

carried, since he caught a certain rich miller and led him away. Since we learned of the matter late, we bravely made a sally into a neighboring field not far from our walls, and, as befits painted Christopher and wooden George, terrified the clouds and stars with several shots 1). The enemy, which is a manifest disloyalty, is cherished in the marrow. For he has been seen by our Schirlenz and by Schott in Brandenburg. Also 2) the magistrate himself has warned the Unfern that Kohlhase is in the city, but if they want to be marchisare, they will say: We were joking as if we wanted to frighten you. But we command here in the meantime that the wood (namely the trees) be dragged into the city, lest by night a bridge be made of it over the little ditches. "We are vain" people like Hector and Achilles and fear no one, even if we are alone and without enemies. I believe it is true what Mezentius 3) wrote. For it is certain that he traveled through our Grimma, and in the middle of the market, in broad daylight with his face uncovered, so that he was recognized by many, with fifteen horses either to Dresden or from Dresden. When this was reported to our wooden George, they are said to have replied that they would have prevented it if they had known. And a certain great man of Dresden had said in Grimma that he was surprised that our prince suffered such a hopeful insult from this Mezentius. But it is obvious that we are attacked by Satan with disloyalty at home and abroad. The nobility wants to be a prince and to oppress the princes, so that everything is in turmoil.

But lovely and beautiful is that which is written to you about your daughter Hannah 4) who hastened to bear second daughters, but did not know,

1. 86loppis is actually the sound produced by hitting the inflated jaws,

2 Instead of 6te. at De Wette we anommm with Schütze and Aurifaber etiam.

3. This is the name of Duke Heinrich von Braunschweig, who was suspected of supporting the Kohlhase. VirA. lik. VII, v. 648: Lontvmptor Oivum MsL6Miu8 sder Gottesverächter Mezentius).
4. See St. Louis edition, vol. XV, 2577, note 6.

that she was pregnant until she was close to giving birth. We all laughed heartily with joy and thanksgiving to God. You will see from your Magdalene's letter that your house is in good health. With these and other innumerable benefits of God we comfort ourselves against so many shameful disgraces and rages of the devil and of men. Farewell in Christ and greet D. Brück and Sturm. I have resumed the lecture on Genesis today, in my so varying health. For theology lies low and is powerless (friget), because of your and Pomer's absence, and because I am ill. D. Justus Jonas, who has gone for a drive, is not at home. D. Caspar Cruciger is the only theologian at this time. March 2, 1539.

Your Martin Luther.

1291 Melanchthon's letter to Joh. Brenz from the Convention at Frankfurt. Frankfurt, March 13, 1539.

From Melanchthon's lid. epist., ImZck. Lat. 1647 sxVU8O, and in the Oorx. Itsk., vol. ill, 646.

Translated from the Latin by Ll. Aug. Tittcl.

(1) I hold that the history of the meeting be signed over to you by yours who are here, and you will also receive it from me when it goes off quietly. For so far one has held council from alliances (or unions). And it is going slowly; the cause of this is not only in the stars, since three planets are in decline, but even more in the negligence and sluggishness of the peacemakers, as well as the imperial envoy's wrong mind. The imperial envoy's wrong mind, who first knew how to speak beautifully, but who deals with evil things in his heart. Nothing more than this has happened in the whole month: Our people have drafted some points of a peace, so that the tyrants of an amphictyonic court are prevented from inflicting any harm not only on the confederates, but also on other states, if they accept the divine doctrine or still want to accept it in the future. The envoy and the peacemakers answered in an unequal way; for the envoy's answer is an accusation (or vituperation) that gives no hope at all for peace. The

308 Abfchn. 1. Convente zu Frankfurt 2c. No. 1291 f. W. xvu, 3S6-3M. 300

Friedemacher's opinion is probably more lenient, but it is unlikely to satisfy the envoy's defiance. It has almost come to the point that, as Caesar once said, the matter no longer depends on votes but on arms. And although I am frightened by this when I think of the important and great matter, I am sometimes surprised that our people, who are so provoked and embittered, are not more violently angry.

Because I have nothing to do here, I made three speeches a long time ago: the first, that it is right and just to make an emergency defense and to repel violence; the second, that righteous people who are under the rule of our enemies cannot wage war against us; the third, that all pious and righteous people are entitled to stand by us. I have compiled these matters in such a way that, if it were necessary, we would have them immediately at hand.

(3) Many have argued here about self-defense: whether it can be used against the emperor? Two years ago, after careful consideration and counsel, we concluded with Luther that it was right and just. I have also seen the opinion of Urban Regius on the very blow, which, however, directs the matter to our high school.

I ask that you also write something and send it to us. We have written the sentence: The gospel does not abrogate the natural or common law, therefore it permits lawful defense against like persons, and also against tyrants 2c. Be well. Frankfurt, March 13, 1539.

1292: Settlement between Emperor Carl V and King Ferdinand on the one hand, and the Augsburg Confessors on the other, concerning a peaceful decency in faith and religion. Agreed at Frankfurt am Main, April 19, 1539.

This document is found in Hortleder, torn. I, lid. I, ch. 32, p. 130; in Lünig's Reichs-Archiv, pari, xan. eont. I, p. 635 and in Dumont's eorps ckipl., tom. IV, pari. II, p. 187.

By the grace of God, we Ludwig, Count Palatine of the Rhine, Duke of Bavaria; and we, by the same grace of God, Joachim, Margrave of Brandenburg, Szczecin, Pomerania, the Cassubians and the Wends, and in Silesia at Great Duke, Burgrave of Nuremberg and Prince of Rügen, Archduke and Archemperor of the Holy Roman Empire,

both Electors: confess and publicly announce with this letter: When out of the Nuremberg Peace, which has been established in the 32nd year of the lesser number, a misunderstanding occurred, and the most noble, most powerful Prince and Lord, Lord Carl, Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicily, Jerusalem, Hungary, Dalmatia, Croatia King, Archduke of Austria, Burgundy, Brabant, Count of Habsburg, Flanders and Tyrol 2c., Our most gracious Lord, out of special imperial, paternal, mild graces and kindness, at the friendly, humble intercession of the Roman Royal Maj, our most gracious Lord, and our now reported Electors, as the negotiators, in most gracious consideration of these arduous, painful and miserable runs and highest due distress of the Holy Roman Empire of the German Nation and of all Christendom, so that once the quite disadvantageous discord of our holy religion may be brought into Christian unity and settlement, the careful distrust between the estates of the Holy Roman Empire may be settled, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love, love. The result will be that the careful distrust between the estates of the Holy Empire will be removed, love, peace, tranquility and unity will be planted in it, the cruel enemy of Christianity, the Turk, will be resisted persistently, bravely and earnestly, and thus, for once, both the consciences and the wretched Christian blood, into which the tyrannical enemy has been cruelly raging for a long time without any fruitful resistance, will be saved, and especially, in order that a Christian, friendly discussion of religion may be more easily achieved, granted and permitted that this day be appointed here, and that it be acted upon by us by proper means and other ways, and for this reason the Reverend Prince, Mr. Johannsen, elected Archbishop of Lunden, Postulary of Costanz and Bishop of Roßschilten, Sr. Imperial. Maj. Oratorem generalem in German lands, with full power, and the Roman Ton. Majesty the subsequently described Sr. Majesty's decreed councillors and commissars.

2. that we have therefore, by our diligent and earnest negotiation, agreed, resolved and passed, as follows:

3 First of all, the Roman Emperor wants to take away such distrust. Majesty, in order to remove such mistrust, and so that the above-mentioned Christian discussion may be more easily achieved, also out of imperial benevolence, wants to grant those who are now related to the Augsburg Confession and the same religion a peace and peace of mind for fifteen months. to those who are now related to the Augsburg Confession and the same religion, a peace and decency for fifteen months, to begin in the future after the date of this letter prima maji, and to assure by letter that those who are now related to the Augsburg Confession and the same religion will be allowed to continue to live in the Augsburg Confession for fifteen months.

310 Cap. 18. of comparative religions. W. xvn,3ss-4oi. 311

The people who are now related to the Augsburg Confession and the same religion should not, in the meantime, be subjected to any kind of decency, rape, war, or any other troublesome practices against them on account of their religion.

(4) On the other hand, the above-mentioned peace agreement, made at Nuremberg, as well as the imperial mandate, issued at Regensburg, shall nevertheless remain uninjured in its substance with powers and dignities for the time of the prescribed agreement now made. And if, in the same time of the decree, the settlement of the religious matters (since God is for!) did not take place, nor was finally decided: nevertheless, the same Nuremberg Peace Decree and the above-mentioned Regensburg Mandate, after the end of the time of the decree, against those who are related to the Augsburg Confession and the same religion, shall not be abrogated, but shall last until the next Imperial Diet or common Imperial Assembly, according to its letter. In the event, however, that an Imperial Diet is held in the meantime, before the end of the protest, the Nuremberg Peace Treaty and Regensburg Mandate, as mentioned above, shall not be abrogated thereby, but shall continue to exist and remain in effect until the next Imperial Diet or Imperial Assembly held after the end of this protest, in accordance with the same Peace Treaty, as mentioned above, and shall be published together with this protest.

(5) All proceedings against them in the matters handed over here shall also be suspended by the Imperial Majesty, but by grace and for the sake of peace, in the Imperial Chamber and other courts. Chamber and other courts, such as those of Minden, shall be suspended in the meantime and during the Nuremberg peace, as reported above, and no proceedings shall be taken against them in such matters.

(6) And if anyone of the above-mentioned part, who are now related to the Augsburg Confession and the same religion, were to continue to be subjected to judicial proceedings and to be charged with such matters in the time of the above-mentioned grievance and the Nuremberg Peace Treaty, these proceedings shall, according to the Clauses of the Decreti Irritantis, be included in the Nuremberg Royal Peace Treaty. The same proceedings shall, according to the clauses decreti irritantis, be incorporated in the Nuremberg royal peace treaty, and shall be cassated and destroyed now as then and then as now. The court shall also be empowered to specially assassinate and destroy the property by the Imperial Majesty at the request of the party complained against.

7. it shall also be against those who follow the Augsburg

Confession and the same religion are now related, commonly and especially in the meantime of the above-mentioned decency and the ongoing Nuremberg peace (as reported above) the exception of their religion and faith, that they are therefore neither used nor admitted in rights, but, regardless of the same exception, the right is granted to them.

8 On the other hand, those who are members of the Augsburg Confession and of the same religion shall not, for the sake of religion, overtake, overpower, wage war against, or engage in any other burdensome practices against anyone of any status or nature, nor shall they appoint or accept anyone into their covenant again during this fifteen-month period.

(9) However, so that no one is adversely affected by the Augsburg Confession and the same religion in the meantime, the Imperial Majesty, by special grace and for the sake of peace, also wants to have the other party provide that no one is taken into their alliance. Majesty, by special grace and for the sake of peace, will have the other party ensure that no one is taken into their covenant during the time of this protest.

(10) During this fifteen-month period, the states that are now related to the Augsburg Confession and the same religion, as often mentioned, shall not deprive or deny the clergy, where they reside, in and out of the country, of the interest, dues, pensions, and real estate that they still have in their hands and have collected up to now. 1)

Thirdly, since it is not to be hoped that a lasting and final peace, tranquility of conscience, love, friendship and righteous trust can be achieved in the Holy Roman Empire. Since it is not to be hoped that a lasting peace, tranquility of conscience, love, friendship and righteous trust can be achieved in the Holy Roman Empire, unless a good Christian and final settlement is made in religion, as the right main matter, the aforementioned imperial orator has granted that a good Christian and final settlement be made in the Holy Roman Empire. The aforementioned imperial orator has granted that the imperial majesty shall call a meeting at Nuremberg in the near future, approximately prima Augusti; there the estates, dependent on the Roman church, and the estates, dependent on the Roman church, shall meet. However, the envoys from both parts are to be pious, correct, understanding, God-fearing, peace-loving and honor-loving, not obstinate, stubborn, quarrelsome people, and also to bring evidence of the states from which they are sent. These estates or their embassies

1. "disfranchise" from the grant or possession bring.

312 Sect. I. Convente zu Frankfurt 2c. No. 1292. W. xvn, ivi-E. 313

The number of persons, learned theologians and knowledgeable laymen, now of the reported condition and quality, of a large and small committee shall compare and unite, and the discord of faith shall be presented by the same first in the large, and later also in the small committee, talked about in a Christian, peaceful and amicable way, and acted upon in a Christian, laudable union, and the action shall later be reported to all appearing estates and embassies.

12. And although we, the above-mentioned Electors, as negotiators, for the good of the cause, have drawn things for ourselves to the end that the Roman Imperial Majesty should have the will and favor to proclaim to Papal Holiness whether or not she wishes to have the same day visited. However, those of the Augsburg Confession and of the same religion, for reasons that they neither consider nor recognize the pope as the head of the Christian religion, and therefore, contrary to their previous protestation, do not want to heal nor grant the appointment of him in this treaty, also consider it unnecessary to have his orators at the meeting and discussion, as it has been mentioned.

Thus both Imperial and Royal Majesties may have representatives of high, honest, respectable persons for all the aforementioned acts; and whether the parts could not compare with each other or more, that therein by the same representatives, for good Christian comparison, may be acted upon with the knowledge and will of both parts.

(14) And what is thus unanimously approved and decided with good will by the estates of both parts or their embassies, or by means of the deputies, by the Roman Imperial and Royal Majesty with the good will of all of them, of both parts estates and embassies, shall be brought to the absent estates and their opinion heard therein; and if the same is also thus approved, by the Imperial Majesty's Orator, as he has offered by virtue of his authority, on behalf of the Roman Imperial and Royal Majesty. Majesty's Orator, as he has offered, by virtue of his authority, in the name of Roman Imperial Majesty. Maj. Or the estates of both parts may (where they wish) petition the Roman Imperial Maj. Maj. to ratify, publicize and hold such settlement by means of an Imperial Diet, or in other proper ways, for this purpose in an official and necessary manner.

15 Also, each part shall cease its war canvassing; and where anyone is made suspicious, he shall be sent for, described, and heard in a needy manner, and everyone shall be informed of this without such

The application contains a thorough, truthful proclamation of such application; however, it does not require a needy, cheap counterattack.

16 Apart from this, and in other matters, emperors, kings, princes, princes and other estates of the empire, and each of them, shall be satisfied in profane dealings by the imperial peace. In addition to this and other matters, the Emperor, Kings, Princes and other Estates of the Realm.

17 All Anabaptists and unchristian sects and groups that do not teach according to the Augsburg Confession and their relatives of the same religion, or that are not under the Roman Church, shall also be excluded from this decree; they shall not be tolerated by any part.

(18) The Estates of the Augsburg Confession and of the same religion, belonging to the Turkish Relief, shall and will join with the other Estates, and the six Electors, as well as the most distinguished Princes and Estates of the Empire, shall be described in the name of the Roman Imperial Majesty and enabled to order their authorized embassies and councils to arrive at Worms on the next Sunday Exaudi May 18. May] at Worms, and those of the Augsburg Confession and of the same religion shall also order and send their embassies to provide urgent assistance to the Turks, as announced and carried out at the Imperial Diet at Regensburg, be discussed and decided. And what is therefore considered necessary and good and decided by the princes, princes and common estates by the greater part, shall be followed by those who are related to the Augsburg Confession and the same religion, next to and with other estates of the empire; and all estates who are related to the Augsburg Confession and the same religion, and who have personally been in this action here, shall hereby be notified to attend or participate in such a day.

(19) And if, at the time of this suit, the tyrannical enemy, the Turk, would or would want to approach, then those who are of the Augsburg Confession and of the same religion shall help and render the above-mentioned aid of their part, in addition to and with the greater part of the other estates of the empire, for their own good.

(20) And although this agreement has been made by us, the much-reported Electors, as the negotiators, between Imperial Majesty the Orator and the Royal Majesty the Commissars, even those who are now related to the Augsburg Confession and the same religion, up to two points. Majesty's Orator and the Royal Majesty's Commissars, also those who are now related to the Augsburg Confession and the same religion, up to the two points, namely for the one, since the Augsburg Confession and the same religion are related to the Augsburg Confession.

314 Cap. 18. of comparative religions. W. xvn, 4os-4os. 315

In the first article, the article or place of the Imperial Mandate, which is related to the Augsburg Confession and the same religion, is incorporated into the second article, that the Nuremberg Peace Treaty and the Regensburg Mandate, after the conclusion of this treaty against those who are (now) related to the Augsburg Confession and the same religion, shall last until the next Imperial Diet or Imperial Assembly, according to its letter, as if the latter were to retract and narrow the Nuremberg Peace Treaty and the above-mentioned Imperial Mandate, not to enter into it, but to have it unaltered in its letter, and yet the Imperial Orator and the royal commissars do not want to leave it out for movable causes; and for the other, touching the covenant and counter-covenant, it is finally agreed that it will be accepted. If, however, the imperial orator and the royal commissioners do not want to omit the same for movable reasons, and if, for the other, touching the alliance and counter-alliance, they have finally agreed, resolved, accepted and consented to keep it, the imperial orator, for special movable reasons, has not yet agreed. Orator, for peculiar and movable reasons, has requested the Roman Emperor's Majesty to grant her Majesty's consent. The Imperial Orator has, however, for special, movable reasons, not wished to connect the Roman Emperor's Majesty with the extension of the counter-covenants other than as follows, or to abolish the extension of the same, nor have those who are now related to the Augsburg Confession and the same religion wished to grant the above points, unless on both sides the extension of both covenants would likewise have stood still: we, the negotiators, have therefore advised the Imperial Orator to also grant the Augsburg Confession and the same religion. We, the negotiators, have advised the imperial oratori, and have also succeeded in getting him to agree, for the sake of peace and so that the provision of aid against the Turks would not be prevented thereby, that this treaty be sent to the imperial majesty. Majesty to decide on it in accordance with her gracious will and mind; and if her Imperial Majesty consents, she will also send it to her Majesty. Majesty graciously agrees to ensure that the above-mentioned onerous words of the above-mentioned article, "Verengerung des Nürnbergischen Friedstandes," are omitted and that no one is taken into the Nuremberg alliance during the fifteen-month period of this delay: so then, in all articles, the above-mentioned farewell shall be strictly adhered to, and firmly maintained and executed by all parties.

(21) And for obtaining such resolution from Imperial Majesty, six months shall be taken from the first day of the next month of May. Majesty, six months shall be taken, the next from the first day of the next coming month of May, in which time this matter shall be attributed by us, the negotiators, to the Imperial Majesty with the best diligence. Majesty with the best of diligence, in which the imperial orator shall also offer his support. Orator has also offered his support, and in the meantime of the six months, in the future, the above-mentioned agreement of the peace treaty in all points and articles, and in particular that in the six months no part of the alliance shall be extended, shall be kept by all parts strictly and honestly.

22 And if in the meantime of the six months, the next, the indicated resolution would not be obtained because of both points, as stated above: then it shall, after sparing of the same six next future months, in everything with the Nuremberg Peace, according to the letter (as before this day performance), exist and remain.

And we, the Roman Imperial and Royal Majesty, our most gracious Lords, Orator-General in German lands, and Commissaries, namely: Johann,, elected Archbishop of Lunden, Postulirter of Costnitz and Bishop of Roßschilten, and Melchior von Lamberg and Jakob Frankfurter, the Right Doctor.

24. and by the grace of God we Johann Friederich, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave in Thuringia, Margrave of Meissen and Burgrave of Magdeburg 2c.We Philipp, Landgrave of Hesse, Count of Katzenelnbogen, of Dietz, Ziegenhain and Nidda; and we Burgomaster and Council of the City of Frankfurt, in the name of ourselves and all our princes, counts, lords, cities and estates of our Augsburg Confession and those related to it, confess that this amicable agreement and settlement written above has been made and decided with the good knowledge and will of all of us. We thereupon think of and promise to the Roman Imperial and Royal Majesty, our most gracious Lords, Orator and Commissaries, by virtue of our authority, in the name of their Imperial and Royal Majesty, that this amicable agreement and settlement has been concluded with the good will of all of us. and Royal Majesty, our most gracious Lords; and we, the now reported Electors and Princes, Counts, Lords, Cities and Estates of the Augsburg Confession and of the same kindred, who have appeared here in our own persons, for ourselves, and in place of the absent Princes, Counts, Lords and Cities, of the same Ambassadors and Envoys, in the name of their Lords and Superiors, by our Princely and good faith. and good faith, to keep everything as stated above, not to do anything against it, nor to create it. Everything is harmless.

In witness whereof we, the Imperial and Royal Majesty, Orator and Commissaries, and we, the two Electors Palatine and Brandenburg, the negotiators; and we Johann Friederich, Duke of Saxony and Elector, but that we have not hereby granted nor conceded to the Royal Majesty the title of Roman King. We Philipp, Landgrave of Hesse, Count of Katzenelnbogen; and then we Burgomasters and Council of the City of Frankfurt, affix our seals thereto.

316 Section 1 Convente zu Frankfurt 2c. No. 1292 ff. W. xvii, 4v6-4v8. 317

Given and done at Frankfort on the Main, on Saturday the 19th of the month of April after the birth of Christ our dear Lord in the thousand five hundred and ninth and thirtieth year.

1293. Duke Henry of Saxony's order to the theological faculty at Leipzig to answer two questions. November 27, 1539.

From the manuscript in Carl Gottlieb Hofmann's Reformation History of the City of Leipzig, p. 407.

1. whether the Augsburg Confession and Apology could be defended at > the next meeting? > > 2. whether one could give in to the Roman-minded in some church > customs?

By the Grace of God Henry, Duke of Saxony.

Dignified and highly esteemed, dear devotees! We do not want to conceal from you that the Highborn Prince, Mr. Johann Friederich, Duke of Saxony and Elector, our friendly dear cousin, brother-in-law and godfather, has informed us that H. E., the Archbishop of Lunden, Imperial Maj. Maj., our most gracious Lord, Orator, with the dispatch of kaiserl. Majesty's letter of credence, has written and announced that Her Imperial Majesty is acting on the Frankfurt plot. Majesty had graciously and gladly decided on the Frankfurt action and farewell of her mind and will, considering that Her Imperial Majesty wanted nothing better than good unity and settlement in the disputed religious matters: so nevertheless Her Imperial Majesty would have been pleased with such high and important matters. Majesty would have been burdened with such high and important business that Her Imperial Majesty would still have to decide on this at the present time. Majesty might not finally resolve at the present time, and especially because of their hurried departure for Hispania. But the Imperial. Majesty is now in the process and on the way to go to the same Low Countries, of the honest intention to certainly arrive there in the half month of January, and to carry out the most gracious appointment and action in this and other matters. Majesty's kind and gracious request and desire that the protesting estates not complain of such delay, but obediently await the arrival of the Emperor. Majesty's arrival, and in the meantime make themselves ready and prepared with all that is necessary for the settlement and settlement of the disputed religious matters, so that at the time when they are called upon by the Imperial Majesty, they will have the right to appeal. Majesty. The court shall be informed in writing of the matter,

such requirement and action sent. Everything according to further content of the same letter.

It is therefore our gracious request that you, along with the other theologians of our University of Leipzig, take the Augsburg Confession and Apology before your hands as soon as possible and without delay, and consider it diligently, and also make yourselves thus prepared and skilful as to how the said Apology and Confession may be defended and vindicated with divine Scripture. The same, whether and how far and how far in some articles and points, temporal and external matters and things, with God and a good conscience should be softened, and all this brought into a written record; and you then on Wednesday after Invocavit 18 Feb. 1540 to Oschatz, to bring your concerns, which you have raised in this case, with you, and to decide, along with other theologians, how we will give the same order and appear on the appointed Wednesday in Oschatz, to have further discussion about this, and what should be insisted on. This is a gracious favor to us. Date Dresden, Thursday after Felicitas Nov. 27 Anno 1539. 1)

To the worthy and highly learned, our dear devotees, Mr. Caspar > Creuziger, Doctori, and Mr. Nicolao Scheubel, 2) of the Holy Scripture > Licentiato, sämmtlich und sonderlich.

1294. D. Caspar Cruciger's letter to Caspar Börner at Leipzig, when the latter had sent him the aforementioned princely letter to Wittenberg. January 22, 1540.

From Hofmann's Ref.-Gesch. der Stadt Leipzig, p. 410.

Translated from the Latin by J. Frick.

Hail! Today I received the Highborn Duke's and your letters correctly, and since the Duke's letter has almost the same content with the one

1. That the year 1540 in the old edition of Walch is wrong, can be seen from the next number. The name of the martyr Felicitas we have found only in the Jubilee Calendar of Venice (St. Louis edition, vol. XV, 120), but without buried date. From the fact that the name is between that of Pope Clems and St. Catherine, we concluded that Felicitas must be the 24th of November. After that the determination of the date.
2. In the old edition: "Scheutet"; but that the spelling we have used is the correct one, we see from No. 1294 and the subheading to No. 1295.

318 Cap. 18. of comparative religions. W. xvn, 408^uo. 319

which His Serene Highness the Elector in Saxony sent to ours here, and which contained the order to issue a reservation, so it had to happen that I was here 1) and could immediately find out the opinion of ours myself, since I would have had to go here from there anyway for the sake of this matter. I hereby send you back the copy of the princely letter so that you may send it to Licentiate Nicolao, who may need it. I will speed up my return as much as possible, but for certain reasons I will stay here for at least three more days, mainly so that I know what the Elector will say in reply to the written objection. For this will be very important to us in our deliberations. Indeed, it will not take much time for Herr Scheubel to compare notes with us on each article; but what to expect from your theologians, and whether they will agree with the confession of ours, I do not know. I do not hope that they will cause us much trouble through long disputes. However, it will do them good if the whole matter is told to them by Licentiate Nicolaum, under your guidance, so that they have enough time to consider it. If Mr. Nicolaus wants to agree with me, it is already agreed that nothing will be decided that would be contrary to the teaching of ours, because I myself have signed their writing with my own hand. You will judge according to your prudence what the Academy should do together in these deliberations. For I wanted to have at least some of the Academy present. Be well and greet Lic. Nicolaum in my name, as well as Johann Pfeffinger, my colleague, to whom I wrote today. Mr. Luther's wife is so dangerously ill after an untimely birth that there is little hope of her recovery, which we nevertheless do not completely discard, trusting in the help of the Most High. Again, God commanded. Wittenberg, on the day of Vincent the Martyr January 22 Anno 1540.

Your Magnif.

sincerest

Caspar Creuziger.

1. Cruciger had been left to the Leipzigers by the Elector for a time in order to carry out the Reformation there. The Elector's commission to the Wittenberg theologians took place on Dec. 31, 1,539.

To E. Magnif. Mr. P. Melanchthon has ordered me his greeting.

To His Magnificence, the Rector of the Academy of Leipzig, M. Caspar > Börner, the highly learned and righteous man, his highly honored > patron and friend.

1295: Concerns of the Protestant theologians for the meeting at Schmalkalden. In the first half of January 1540.

This concern is appended to an edition of the Schmalkaldic Articles that appeared in quarto at Wittenberg in 1575, from which it is reprinted here. Also in 6orp. Keck, vol. ill, 927, Seckendorf says, lid. Ill, p. 257, that he had not encountered this concern in the Weimar archives or elsewhere. On January 18, it was sent to the Elector along with the following letter from Luther. Walch wrote "March 1," which probably refers to the beginning of the convention.

1. it is not without division, discord and schism have an abominable reputation, that is why even the prophets and apostles were considered the most accursed people, as the cause of the highest divisions and schisms, thereby tearing apart the most beautiful regiments and kingdoms.

2nd And Salzburg said to Augsburg: the doctrine would be right or not, he does not argue about it; but it would be turbatio pacis; because he needed these words, therefore all potentates should show their highest seriousness against it.

3 Because separation has such an ugly appearance, it is right to consider diligently whether the things we dispute are so important and great that we know that God is pleased with this separation and that we have reason enough for it; if so, we should be confident and command God the shame and peril.

(4) But not everyone can bear the shame of being said to be a renegade, a rebel, or to have created mobs and sects; much less can people bear the danger of risking life, limb, property, and sovereignty.

(5) Therefore it should be noted that many people now, weary of the burden of killing, like the people of Israel in the wilderness, would like to see these troubles mended, as they might, so that good rest and a gentle life might be restored.

6. it is also the manner of some noble people, as soon as the weather becomes cloudy, they cry about the predicates, that they are cause to quarrel unnecessarily.

320 Section 1: Convente zu Frankfurt 2c. No. 1295. W. xvn, 410-412. 321

The princes are inciting each other to maintain their unnecessary stubbornness, when many things could be alleviated; as we are often reproached for this by the wise and powerful.

(7) We say this because we want to protest here against those who do not want to be burdened with danger, that we do not want them to take care of us, but let us confess our faith in our own way.

For although the rulers are obliged to protect the Christians and to confess themselves, every Christian is much more obliged to confess himself clearly and to suffer for it according to God's will.

9. This is the first thing we want to indicate, for we do not have much hope that the emperor and the bishops will renounce their idolatry and error and accept pure doctrine and right worship, for it is written in Daniel: Before the end there will be such disputes, and some of the rulers in the church will commit idolatry; which is written for our comfort, that we may know on which side we are to be found, and that such division is pleasing to God, as much as it deceives us, and will help us, though some must suffer because of it, as is seen in Daniel, Cap. 11, and ask that each one consider for himself what he owes to God in this case. There are parts, and the division is so fierce that one has no middle way, one must either help strengthen and handle idolatry, blasphemy, error, fornication and other sins, or must publicly hold to this confession, and Christ says: "He who is not with me is against me.

(10) While we are speaking of comparison, let us divide our concern into three parts. The first is about doctrine; the second about external necessary ceremonies; the third about external means called adiaphora.

From the teaching.

First of all, this is our concern about doctrine. Since the doctrine in all articles of the Confession, as it is understood and taught in our churches, is truly and actually the certain Christian doctrine of the holy Gospel, we do not want to and cannot make or approve any change in it, or refrain from it.

(12) Therefore, if a meeting is to be held, the first thing to be discussed will be the doctrine; for if they were to conceal the doctrine, and yet keep their own, and thus rely on an outward

If they were to act on the basis of a glaring comparison, no consistent agreement would follow, but they must first be heard as to whether they consider this doctrine to be right and want to admit it to their own.

(13) They will perhaps make some articles and accept them with a measure; they will say that our writings are diverse and unequal, therefore certain articles must be made; they will also perhaps punish some, and urge that they be mended and changed.

14 Our concern is that we do not engage in making new, obscure and uncertain articles or patchwork, but reproach them with the fact that the summa of our doctrine is set forth in the Confession and Apologia, from which opinion we do not intend to depart.

(15) And if any man have any defect therein, as if it were not sufficiently explained, or were unjust, we are here, beseeching ourselves to declare with all diligence, in writing or orally, what is the understanding in our churches, and also to answer for it, that without doubt all understanding and godly men should be satisfied with it. Thus all these articles are sufficiently set forth by length in other distant writings, as ad Galatas 1) etc., and we are not afraid to converse with them as long as they want us to understand one another according to need.

(16) But to put articles with them, that is to stretch them now and then, and to play with words (as is their way) in such great important things, we would not.

At Augsburg, they protested in no uncertain terms that it should not be the opinion that they wanted to accept our doctrine, but that the action should be directed toward bringing us to their opinion, as far as they would like. After that, they also sought miserable, pathetic sophistry to mend their ways.

18 Because we have seen how unfaithfully they act, we do not intend to make new, patched-up articles of doctrine with them to the detriment and blindness of right doctrine, but it is enough, if they punish something, that we explain ourselves clearly and according to necessity; if they want to accept it, it is good; if they do not, we must command God; this is nothing unreasonable.

19 And as much as we can pay attention, they will want to ponder primarily in the following articles of doctrine.

20. I. They do not leave unblinded the high and salutary doctrine of faith, the sola

1. Luther's detailed explanation of the Epistle to the Galatians, St. Louis edition, vol. IX, 1 ff.

322 Cap. 18. of nellgion comparisons. W. xvn. 412-415. 323

fide will not suffer; but therefore they will want to tinker with it: We are justified by faith and works; or, we are justified by grace; and understanding grace, love by grace, and are of many sorts.

21, II. Item, from the merito they will quarrel, they will also gloss over it: it is not merit from one's own worthiness, but because it is accepted and decreed; but it is nevertheless merit, because eternal life cannot be obtained without merit, for the text speaks: "Your reward will be great in heaven.

22, III. Let it not be true that sin abideth in the saints.

23 IV. Item, of the church they will argue that the church is also called the ungodly crowd that is in office; which they argue so that they may interpret the promise to themselves: the church will not be abandoned, cannot err; will perhaps also include the pope, the church is called the people that recognizes the Roman bishop as the highest bishop, and desires and accepts ministros from him.

24. v. From the poenitentia they will argue, one should enjoin narration of sins.

25 VI Because even in the old church there was a fool's game with satisfaction, they wanted to receive satisfaction; from this follow many other errors.

26 (VII) Of the distinction of food and such human commandments, it is highly necessary to maintain the teaching that such a thing is not considered cultus, not necessary, that the high wholesome doctrine in the church does not go out, that one must act with God through His Word, and not worship without His command. But they will neatly pretend that it is not without, that they have thought too much of it, that they have burdened their consciences too much, and that they have made merit and necessary works out of it: this should not be henceforth; nevertheless, the article should remain that bishops or the church have the power to make commandments, and that one owes obedience to them. Therefore, one should keep their commandments, not as a merit, but as a good discipline; as the Meissen priests also painted such in their beautiful book, so that basically the previous errors remain and are strengthened.

27 VIII. Of the invocation of the saints they will mourn both parts: the ancients, that one gave honor to the saints of God, called them as helpers, ran to images; but we hold them too low; and will point out the beautiful middle way, one should call them as intercessors, should say: Ora pro nobis, S. Petre. Shall therefore also

all retain such chants and habits. That is vain, high wisdom, which they now only learn from Witzel in Rome and Paris.

28, IX. They will also color monastic vows in the same way; they are to be kept as good practices and discipline, not as a merit of salvation; but they are to be kept all the same, because oaths are not to be dissolved, and are useful to the church, that one has monasteries and convents, and keeps them, that one has persons to preach and to govern.

29. X. They will not want to lose the Purgatory, and will attract the Fathers; but we must remain on our course, that it has no testimony in divine Scripture, and even if it were, the Mass does not help others.

30 And what to answer to each article, and why not to obscure the doctrine with its little bells, every man of understanding can see for himself; for they are interpretations which basically reverse the doctrine, as we shall then indicate by length.

But that some worldly wise men here say that we have much quarreling about words, when we confess that there must be good works, but do not want them to be called merit, when Augustine and others have called them so 2c. To this is a short answer: the wise men of the world consider all quarrels in religion to be quarrels of words; so in France they concord all religion; they say that there has been one religion of all peoples at all times, only the names have changed.

And this is true of false religion, which remains basically the same idolatry.

It is just idolatry among the papists with masses, death masses, invocation of the saints, pilgrimages, as it has always been among the pagans.

34 Therefore it is all the more necessary to take care that the true religion is kept pure, and that no sophistry is mixed into it, thereby directing it to idolatry.

Of external necessary pieces.

35 We call external necessities the right use of the sacraments and the abolition of some idolatrous ceremonies and unrighteous laws.

36. abbation of all private masses, the canon, the oblation and application, the confinement and transference of the sacrament, and all masses of the soul.
37. abjure all invocation of the saints and what is attached to them, celebrate as saints, sanctuary, blessedness, unrighteous prayers, chants, pilgrimages, images, as one admitted.

324 Section 1: Convente zu Frankfurt 2c. No. 1295. w. xvii, 4is-^i8. 325

Item 38: Admission to priestly matrimony and the taking of monastic vows.

39. item, to administer the sacrament entirely and according to Christ's institution.
40. consecration of satisfactions and indulgences, consecration of public magic blessings, aquae consecratae, salis consecrati, consecration of altars, baptism of bells.

41 There is no need to give in on these points. Now it must be taken into account that if the action should not be a mirror fencing, the kings and priests would seriously take care of the private masses, to preserve, color and gloss them as much as possible.

42 Therefore, it is necessary to finally consider this part, which one wants to insist on to the utmost, which one considers so necessary that it should not give in, even if war and eternal destruction are to be feared.

(43) A short and correct answer to this is that idolatry cannot be permitted or concealed, but for this purpose we were created and redeemed in the first place, that we should punish and challenge idolatry with seriousness, and help to preserve the right knowledge and service of God, that is, to keep the first commandment high and far, above peace, government, body, life, yes, above heaven and earth, and thus this commandment remains unchangeable: Fugite idololatriam.

44 Since this is so, it follows that we cannot approve or permit the Mass with its Canon, that is, with its Oblation and Application, one or more Masses, much or little.

45 For there has been public idolatry and idolatry, as in Israel Baal, or others, and these are the causes:

46 I. Sacramenta apart from their appointed use are not sacraments, for God does not work with any work where He has not promised to cooperate, as He does not want to be bound to images.

So now the Turkish and Jewish circumcision is not a sacrament, because no word of God is involved.

48 Thus it is also in the papal mass, which, since there is no command to sacrifice and apply, is certainly no more sacrament than the Turkish or Jewish circumcision.

From this it is clear that there is public and manifold idolatry.

50 And it is true, if one considers this, it is so horrible that he must be frightened by it, or think that it is not possible that the church could have been left so high and had erred and failed so far. But the damage is much greater than the human heart can respect. The

Since the blinded saints are also so fiercely hostile to us, we cannot believe that the error in the church has been so great.

51. But from the beginning of the world it went like this: since God's word went out with the Gentiles, the right ceremonies nevertheless remained, and besides those from the doctrine of works for and for more ceremonies were invented, as can be seen in all histories.

52] So it was in the church not long after the apostles: the ceremony of the sacrament was preserved, but changed to another custom without God's word, like Turkish circumcision; whether to be silent about such cruel error, let each one consider for himself, and even if we were silent, the stones would still cry out.

(53) Secondly, it is evident that the application is totally contrary to the doctrine of faith. They say that this work of the priest merits forgiveness of the sins of the dead and living; this is contrary to this article: through our own faith we have forgiveness for Christ's sake, without our works or merit.

54. Thirdly, the sacrifice for sin is a blasphemy, for Christ himself alone made this sacrifice by his death; if then one consents to its canon, we all help to strengthen such idolatry and blasphemy: It should not have the opinion henceforth with the mass, one should drop the application, and should teach this understanding of the mass, namely, that this work is not done for others, but is a thanksgiving, as if one wanted to read psalms. As it is good to say some psalms in thanksgiving, so let this work of the Mass be good, as a memorial of Christ and thanksgiving instead of the common church.
55. exemplum: In the Old Testament there was a daily sacrifice, which God ordered, not for the forgiveness of sins, but as a thanksgiving, and served so that the people would have a daily reminder; was therefore gratiarum actio and paedagogia, for which ceremonies should serve, ut sint signa docentia et invitantia affectum. For such a good work and thanksgiving also the daily mass should be held, as it was understood by Irenaeo, Augustino and many others.

Response.

This is the noblest subtlety to adorn the mass, and is not without; it is a human wisdom that thus goes astray when it is

326 Cap. 18. of comparative religions. W. xvn, 418-420. 327

the ceremonies of the Old Testament against the sacraments, and are much deceived in all nations by this pretense, as we learn manifold.

57 And this is to be said against it: I. Even if the sacrament were such a thanksgiving, men should not change the order and form which Christ has instituted, namely, that no sacrifice be kept, and that it be only a service to give to others.

58. This is the form, ordered in the Apostles' Scriptures, from which one should not depart. 1 Cor. II.

59, II. Secondly, this gloss of theirs is contrary to the canon, therefore the gloss must be in vain, or the canon must be done away with. But if they want to keep the canon, it is public that this gloss is a false pretense and deceit, and thus their measurement remains idolatry and blasphemy, as it is also seen in the same gossatoribus that they are not serious; they keep the canon against their conscience and mock God.

Third, the rule is to be remembered: Men shall not perform divine service without God's word and command. If this work is done, that is, if a special state is to perform mass, then this work is considered to be different from lay communion, and must be a special service in the church. This is now to perform a special service, which is seriously forbidden.

61 And from these denied causes and differences follow other great blasphemies, as happened before, when it was thought that the mass was a special service that the laity could not do. This is followed by the applicatio that it is a work that priests must do for common churches.

62 Secondly, so that it would not be uncertain, they have further added that it deserves ex opere operato. These errors also inevitably follow here: if one thinks that this work is a common thanksgiving, it immediately follows that so that it is not in vain, it must be valid ex opere operato.

63 And the priests consider the mass as a spectacle, as if a tragedy of Julii's death had been played, and think that it is a good work and worship ex opere operato. Now, in the Gospel no ceremonia ex opere operato is a worship; indeed, it rejects all such pagan delusions. Therefore, one should not perform such works, nor depart from the order of Christ, nor invent a special service; thus idolatria has always begun in the world.

64 IV. Fourthly, in this spectacle mass they will undoubtedly not do the Oblation. Now no one has the right to sacrifice Christ but He Himself; because the sacrament is once again inverted with the sacrifice, with the spectacle opinion ex opere operato, it is vain public idolatry, to which no one can consent, but everyone is obliged to punish it. It is also the duty of the rulers to forbid and forbid such idolatry.

65. v. Fifth, all ceremonies of the Old and New Testament are dead works without faith, John 4: "The right worshippers will call upon the Father in spirit and truth"; and even though they were dead works, they were nevertheless to be kept in the Old Testament, since they were commanded as an outward discipline. But in the New Testament they are not to be kept without faith, therefore they are to be kept primarily for signs, so that God may act against us and testify that He accepts us.

66 Christ speaks of such a memorial of his graces toward us when he says: "Do this in remembrance of me," that is, to remember that I died for you, redeemed you, accepted you, listened to you, and helped you.

This exercise of faith does not apply to others, nor can it be held for others, or be bound to a daily habit; therefore the Ceremonia must be left free, and cannot be made a daily work; nor is there any distinction between lay and priestly communion, but each one should comfort himself with it according to his opportunity, as St. Paul says: "Let each one examine himself. Therefore, no distinction should be made between lay and priestly communion; nor should a certain time be imposed on anyone to perform such works.

68 Two pagan opinions argue against this right custom: The first, that the mass is a work of merit to others, as the pagans and Jews respected their sacrifices. The other is this new colored spectacle mass, which is supposed to be a thanksgiving, since we honor God ex opere operato. This is both pagan and the other, and remains in sum the delusion that this work is a highly common work for the churches, not like the laity's communion.

Because there is no sacrament in such abuse, it is idolatry. From this we conclude that no private mass, be it colored as it may, can be approved; and if this subtlety requires further transfer or instruction, we want to offer ourselves to it.

328 Section 1: Convents at Frankfurt 2c. No. 1295. w. xvn, 420-423. 329

But if the opposite remains with their canon, then no great subtlety is needed, because the same work is public idolatry.

This is enough about the mass, in other articles the glosses are easy to relocate.

From the Holy Invocation.

The wise prelates of Meissen gave the invocation to the saint, one would like to say: Ora pro me, S. Petre.

(73) To this is a short answer, that the Glossa is void. All invocation of it, if not present, gives the same omnipotence to know all men's hearts and sighs; only God does that; from this it is clear that one cannot say this either: Ora pro me, S. Petre.

Item 74: We are commanded to keep the Son of God as a mediator, therefore one should not put the dead in his place without God's command. Isa. 8, one should not seek help for the living from the dead; and Cap. 64: "You are our father, for Abraham does not know about us and Israel does not know us.

Now, no doubt, the papists will take great pains with the saints, for they know that they will be hard pressed if they are accused of such public idolatry, and every king and kingdom has its own saints and idols.

They cannot bring glosses on monastic vows and celibacy; if they do not want to remove these ties, we must preach and write against them.

(77) Of both forms of the sacrament it will undoubtedly be sought that we should hold and allow the whole and half of it to be lawful: this we cannot do, for how can we abolish or change the order of Christ? But if one preaches the doctrine that this alone is right, that the whole sacrament is needed, one should be patient with the people at the same places, when they begin to hear the gospel, until they are taught. This can be done.

The third article, from external middle things.

78. What we call the outward means is to be understood from the narrative, but nothing can be said about them, where the bishops or other persecutors remain, as is to be expected; for God's word prophesies especially about the prelates of the churches and the powerful, that they will practice idolatry and tyranny in the church until the end. Thus one sees how obdurate

They are that the bishop of Augsburg himself wrote that he had no hope of finding a middle way, because he noticed that the great, powerful bishops were so stiff-necked; before they would give in, they would rather let the whole Christian name go out. So this bishop praises his companions!

79 As long as the bishops remain in error, we must consider them banished, according to Paul's rule: "If anyone preaches another gospel than I, let him be banished.

80 It is vainly impossible for him to take persecutors for bishops; one cannot seek ordination from them if they want to bind the ordinands with unchristian oaths.

In the same way, our churches and preachers would have no goods, no support, no protection to expect from them; and in sum, this needs no long narration, it would be just as if one wanted to command the wolf a flock of sheep.

If the bishops and other estates remain in error, the princes and estates of this part may apply for a secular peace, as with neighbors of a foreign faith.

83 How Israel sought a peaceful passage through Edom. Though it be hard that rulers should sit still, and see the Christians slain by their side, and commit idolatry and fornication, and strengthen the same; it is hard also that bishops, bailiffs, and eavesdroppers should sit in estates, and starve out the gospel, and hinder the raising up of men; for it behooveth the authorities to bring such estates into right use in their territories.

(84) But because the rulers of the cities and courts are fiercely hostile to the gospel, and have all manner of infidelities to deal with among their subjects, it may be, as Daniel said, that we shall have little help.

The nobility is concerned, the bishoprics and great foundations are coming out of their hands; the powerful in cities have a lot to do with the princes who are opposed to the Gospel, they also get tired of worrying and worrying, and if the human heart is careless without that, it easily falls into contempt of God, and sees where the world is inclined. For these reasons it would be very difficult and painful to get. Let us also consider, if it were once started, what devastation would have to be taken care of before the regiments would be seized again.

Therefore, the princes and estates of this part may, in the name of God, seek and accept a worldly and tolerable peace with the opposite, but that they do not commit themselves not to spread the doctrine.

330 Cap. 18. of comparative religions. W. xvii, 423-425. 331

From the Pabst's Violence.

Secondly, even if we wanted to make a church unity, it would still come up against it: one will seek from us that we recognize and consider the pope to be the supreme bishop, and perhaps the imperial act will also be carried out in this way, with papal permission and approval.

Finally, we are mindful of the fact that, although the pope has shown himself against the German nation to allow our doctrine and ceremonies to the foundations and to him, we must still consider him a persecutor and exile, according to Paul's rule: "If anyone preaches another gospel," 2c. For he will not renounce his errors in other kingdoms, but will confirm them with much greater fury than before.

Now we are guilty of challenging such errors, as we have been reminded by some pious people from Italy that we should not accept such a peace in which other nations are excluded.

90 And since it can be sufficiently understood from Paul that the papal regiment in the church is the regiment of the Antichrist, one cannot consent to his sovereignty, which he has taken away from him over the church. And wants to have the same jure divino, wants to have power to make laws and worship over the church. This is contrary to many articles of the Gospel doctrine that we confess, therefore one cannot consent to such power. Furthermore, one should not consent to his pretending that he is lord over all kings, that he can set and depose kings, and that he boasts that he has such a command from Christ, as is often stated in jure canonico and in histories.

91. about it his regiment with his cardinals and Italian rule is nothing else, than a public tyranny, tears country and people to itself under the name of the churches violence; murders the Christians; drives and strengthens idolatry, fornication, robbery, bigger than never no pagan empire has driven.

If now we were forced to consider the pope as the supreme bishop for the sake of peace, he would also want to relax his laws against us 2c. Then it will be necessary to indicate that we nevertheless could not consent to the papal rule, because the pope remains a persecutor and still maintains his errors in others, and his errors and tyranny shall be told at length.

93 This is from this article, concerning the papal authority. Whether the bishops without the

Pabst will accept something, or whether to engage with them as with limbs of the Pabst, that will also be disputed.

From the comparison of doctrine and ceremonies.

But if Germany wanted to have unity in doctrine and ceremonies, and if the bishops, along with other princes, such as the Palatinate, Bavaria, and Austria, wanted to get involved, and did not want us to accept the pope, but wanted to make a settlement for the benefit of the German nation, we would consider accepting this and helping as much as possible.

95 And first of all, to speak of church ceremonies, if they accept the doctrine and necessary pieces, they are, on the other hand, to be indulged in external means.

First, as often as communion is held, they may sing and keep the usual chants de tempors. This is an honest ceremonia, and thus the outward appearance still remains with the old custom, and is not so completely foreign in churches, as it seems with some.

97 Secondly, in these ceremonies it is very useful and praiseworthy to receive private absolution, so that the mind remains in the church, that the gospel brings forgiveness of sins.

Item 98: People can be taught conveniently if they desire private absolution, so there would remain a form of confession, but with the teaching that telling sin is not commanded.

These two pieces, communion and private absolution, are two serious, not frivolous ceremonies, for which those who understand should have a good will to help set them up properly.

100 Thirdly, it is also to be praised that on the other days, when communion is not held, the churches, especially in cities, are not left empty, and that it is fruitful, a sermon should be preached, thereby exhorting the people to prayer; and where one has people, one wants to sing psalms, or horas canonicas de tempore, is to be admitted. And because such a song should be a reminder, it should not be too long; for since one has fallen into the fantasy that long singing, as a work, is a service, one has made it too long, that the memory has gone out. Therefore, the prelates and pastors should arrange a measure in this.

This is enough for their daily exercises, and they stand honestly in the church; and if the preacher is good, the people are accustomed to come gladly to church.

The fourth, of festivals also stands well.

332 Section 1: Convente zu Frankfurt 2c. No. 1295. w. xvu, 425-428. 333

To keep the feasts of Christ glorious, with ordinary chants, proper preaching and communion.

Fifth, whoever wants to keep holy feasts, but that there be no invocation directe et indirecte in it, but to doctrine and histories, is also to suffer.

104 Sixth, the doctrine of fasting and distinction of food must remain; but let the custom be with the lords of every place, there is no dispute about it, though it is safest for the consciences where such ordinances of men are wholly put out of sight, as the Scripture commands, to smite and destroy the idols and altar; if they would be satisfied with these ceremonies, that would be good.

If, however, the bishops do not want to deal with us solely as secular princes, but also want to have their ecclesiastical office again, this will also have to be discussed in particular.

If the bishops accept the right doctrine, promote it, and offer to keep capable persons for it, perhaps the great cities and some princes will not suffer gladly that they should again be granted a jurisdiction, and that they should go about and visit.

107 On the other hand, it should also be remembered that in time the churches will need to be visited by prominent persons, for the secular lords will not pay much attention to the length of the churches, and if the priests are kept badly in the villages now, many parishes will also become desolate.

Now it would be useful if some prelates would faithfully take care of the church, since they have the goods and could receive the visitation, so that they would do so.

109 There are still monasteries there, and it would be good that the nobility could enjoy them, as long as they also want to study and preside over the church, and do not completely despise church matters.

If some bishops and monasteries wanted to accept the right doctrine and the necessary parts, and serve the Church, they should be allowed to remain in their dignities, and retain ordination, visitation and jurisdiction in matrimonial matters.

But ordination must be held without unchristian additions, and no other obligation must be imposed on the ordinands except that they want to preach God's word purely; the obligation of celibacy must be completely removed.

112 This obligation should also be fulfilled, in which they promise to be obedient to the canons; for we want to adhere to the canons.

not be bound by the Digamia and other unlawful canons.

Item, these words must be taken away: I give thee painting to sacrifice for the dead and the living.

In matrimonial matters, one must unite from the divortio, from the secret betrothals, from the degrees of kinship 2c. In these pieces they could well find measure, if they wanted to.

However, in the matters of ordination, jurisdiction, excommunication, and visitation, one must then compare with good counsel how far such authority should extend, so that even some reasonable persons would be appointed by the secular authorities.

116. item, that the church may retain its justice in the vocation, election and dismissal of the church servants, but with due process 2c.

117. Item, that the offices be properly appointed; that the persons who administer and govern secular goods be distinguished from those who should hold ordination, jurisdiction and visitation; these and other articles are then to be further discussed.

118. The cathedrals hold ceremonies, as said before, a daily sermon and psalms, or horas canonicas; but if they had communicants, they would hold communion with ordinary chants; And they must be allowed to marry, and they must also make an honest order with their offices, so that they are not only lazy, idle persons, and the shameful, annoying life that they have led until now with public fornication, which is a disgrace to all of Christendom, must be seriously resisted and punished.

Hereby, we think, the bishops and capitulars should not yield a little, and they should be advised to accept it. For if our ordinances become more common, as we now intend, against their ordinances and status, if this unity is not achieved, it will be much harder and more violent to write, and we hope to God that they will fall more and more.

From the monasteries.

120. vows shall be considered null and void, and everyone shall be allowed to go out to marry; but if some old people still want to remain in monasteries, they may keep the form, as other our churches, as long as these persons live, and none shall be accepted any longer; and it is best that monasticism cease altogether, rich and mendicant orders.

121 For that some pretend to make schools out of the abbeys, we let go.

334 Erl. SS, 27S f. Cap. 18. of comparisons of religions. W. XVII, 428-430. 335

But the youth cannot learn anything unless there is a fairly large assembly. See that the schools in the cities and universities are properly ordered; there, good engineers can have needy training.

(122) Monasteries never become good schools, but in time the monastic schools would become new monasteries, and it is best that such monasteries be removed, and the property be used for the improvement of schools and parishes, so that the poor of the nobility and others are maintained in schools.

For one must remember how to raise people. We also consider the same thing about virgin convents, that they are completely destroyed by time; although now we have to be patient with old people who want to stay there 2c. And if one wanted to make virgin schools out of it, we also fear that it would fall into the previous blindness or other bad virtue, as we know from some open monasteries, which also started as schools. And if one wants to invest the estates for the benefit of the nobility, there are probably ways to do so. However, we do not dispute in this article whether such schools for virgins should be established; but we do dispute that the vows should be considered null and void, and that their unrighteous worship should be stopped, and the shameful and annoying life that they have led until now with public fornication, which is a disgrace to all of Christendom, should be seriously punished.

124 These are our humble concerns, from which it is well to understand what we are finally based on; for in doctrine and necessary things, as indicated, we do not want to deviate by God's grace, and ask God to preserve His Church, and to bestow His Holy Spirit upon the princes and states, so that they may conclude and do what is right, and also strengthen all in peril and suffering.

Subscripserunt: > > Martinus Luther D. Justus Jonas D. Joannes Bugenhagen D. Caspar > Creutziger D. > > Philippus Melanchthon. Friedericus Myconius. Nicolaus Amsdorf. Erasmus > Sarcerius. Joannes Amsterdamus Nicolaus Scheubel. Balthasar Tardus. > Martinus Bucerus. Antonius Corvinus. Joannes Kymeus.

1296 D. Mart. Luther's letter to the Elector John Frederick of Saxony, with which he sends the above concern to him.

Jan. 18, 1540.

The original of this letter is in the Weimar Archives. Printed in the Leipzig edition in Supplement, No. 163, p.90; in the Erlangen edition, Vol. 55, p.275 and in De Wette, Vol. V, p. 258.

To the most illustrious, highborn Prince and Lord Johann Friedrich, > Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, > Landgrave of Thuringia and Margrave of Meissen, Burgrave of Magdeburg.

Grace and peace in Christ, and my poor Pater noster! We hereby send our concerns to E. C. F. G. humbly, on which we intend to remain. For without this, the papists are in despair, just as with their idol, the devil. They are hardened, and knowingly sin against the known truth, that is, in the Holy Spirit, so that there is neither prayer nor hope. They cannot convert, nor give glory to God by confessing their sin, but want to be right; therefore God cannot help them. I would like to go with them to the Schmalkaldic Day in Eisenach, but I do not see that I will be of any use there. It will be a futile cost and effort; but what pleases E. C. F. G., I am willing to do, and it does not matter much if I close my eyes once and never see the world in its cursed, blasphemous rage. So now, praise God, M. Phil., D. Jonas 2c. are certainly enough and skillful in this matter. Likewise, my concern would be that it would not be necessary to gather the preachers 1) again; they can certainly be petitioned with writings, and I do not doubt that where they hear that we intend to leave it, they will also stay. Such my concern E. C. F. G. wants to note to gracious favor. And herewith commanded to the dear God, Amen. Sunday after St. Antonii January 18 1540.

E. C. F. G.

subservient Martin Luther.

1. So it is to be read instead of: "Föderanten". Burkhardt, p. 342. Similarly: "Such my concern" instead of: "Which".

336 Erl. 55,277 f. Section 1: Convente zu Frankfurt 2c. No. 1297 f. W. XVII, 430-432. 337

1297. Luther's letter to the Elector John Frederick concerning his appearance at the Schmalkalden Diet. Feb. 25, 1540.

The original of this letter is in the Weimar Archives. Printed in the Leipzig Supplement, No. 165, p. 91; in De Wette, Vol. V, p. 269 and in the Erlangen edition, Vol. 55, p. 277.

To the most illustrious, highborn prince and lord, Lord John > Frederick, Duke of Saxony, Archmarshall and Elector of the Holy Roman > Empire, Landgrave of Thuringia and Margrave of Meissen, my most > gracious lord.

Grace and peace, and my poor Pater noster. Most Serene, Highborn Prince, Most Gracious Lord! I humbly thank E. C. F. G. for your gracious letter - that you will so graciously spare me. And where E. C. F. G. will demand me, I will gladly come, wherever it is possible for me. For I would be happy to be there even without that. For this reason, I have also asked my dear gentlemen, friends, doctors and doctors, to write to me diligently and to let me know when I am to come, since I have been and still am quite willing to follow you there, where there has been such a long delay. Our dear Lord God bless E. C. F. G. and the whole thing, which is his own and not ours, to his praise and glory, Amen. Wednesday after Reminiscere February 25 1540.

E. C.F.G.

subservient

Mart. Luther.

1298. Luther's letter to the theologians then in Schmalkalden, Jonas, Pomeranus, Cruciger, and Melanchthon, in which he complains, among other things, about the emperor, because he allows himself to be ruled by the pope and his clergy. March or April 1540.

This letter is found in Aurifaber's unprinted collection of letters, vol. Ill, p. 293; in Flacius' Latin collection of letters; in Buddeus, x. 269 and in De Wette, vol. V, p. 275. German in the Altenburg edition, vol. IX, p. 1589; in the Leipzig, vol. XXI, p. 194 and in Walch. We have translated according to De Wette.

Newly translated from the Latin.

To the highly famous men D. Justus Jonas, Johann Pommer, Caspar > Cruciger, Philipp Melanchthon, the faithful servants and confessors of > Christ, his superiors.

Hail! What you, dear men, write about the emperor and the papists, I easily believe. For the emperor was, is and will remain the servant of all servants (servus servorum) of the devil. Would God that he served as one who is subject to vanity without his will, like the other creatures Rom. 8, 20., or that he served unknowingly. We pray against him and for him, and believe assuredly that we shall be heard; even above our understanding or supplication Eph. 3, 20. we shall obtain that which we ask, as we have obtained it hitherto. It is God who, just as He gives life in the midst of death, and has mercy in the midst of wrath, and laughs in the midst of anger, so, in the midst of rejecting petitions, He will give the granting of petitions, just as all divine works are wonderful and incomprehensible. Before him is that which is not, before him arises that which perishes, before him stands that which falls, and nothing is all before him: to him alone be glory, who alone is God, alone the Creator, alone the Ruler of all things. Therefore, if you bring peace, we shall receive the peace offered in the midst of war, or if you bring war, we shall likewise hope for peace out of war. Whether by death or by life, let the will of the Lord be done. When this is done, our peace will also come forth to eternal life, amen. Be strong despisers of Satan! The triumphant one in Israel crucified the one by whom he was crucified, and put him on display, and presented him to us to be ridiculed, mocked and scorned, if we believe in the crucified Christ, the Lord and victor over his crucifier, the devil. For if they crucify us, we shall in turn crucify him, and on that day, or even before, make a public spectacle of him. Farewell. Anno 1540.

Martin Luther.

338Cap . 18 Of comparative religions. W. xvn, 432-434. 339

1299 The Protestant answer given to the Counts of Manderscheid and Neuenar at the Convention in Schmalkalden on April 11, 1540.

This writing was originally written in German, but was translated into Latin by Melanchthon and thus given to the imperial ambassadors (Spalatin's Annals, p. 381). Another translated it into French because the emperor read only French (Seckendorf, Hist. I,utfi., lib. Ill, p. 257). It is found in German in Spalatin's Annals, p. 381, from which it is included here. Melanchthon's translation is printed in his Letters, lid. I, p. 122 (according to Pencer's edition) and in Seckendorf's Ilist. Imtd, lid. Ill, p. 262 8g^., ^clck. I. Another redaction of this writing was prompted by Granvella's demand that all the passages in which his name was mentioned or the emperor was addressed be deleted. This thus amended document was published in 1540 in quarto in a single edition under the title: "Des Churfürsten zu Sachsen, Johann Friedrich, und Philippsen, Landgrafen zu Hessen, Antwort, so sie von ihnen selbst, und ihrer Mitverwandten wegen, auf nächstenm Versammlungs-Tag zu Schmalkalden, Graf Dietrichen zu Manderscheid und Graf Wilhelmen zu Neuenar, auf ihr Antragen, der Religion halben gegeben." This redaction is printed in Hortleder, Von den Ursachen des deutschen Krieges, lom. I, fid. V, oap. 9, p. 1124. also in the Oorp. Loc. vol. ill, 989.

The written answer, which by the grace of God Johann Friedrich, Duke of Saxony, Elector, and Philipp, Landgrave of Hesse, have given in the matter of religion on account of the well-born Counts, Mr. Dietrich, Count of Manderscheid, and Mr. Wilhelm, Count of Neuenar, to Schmalkalden.

We take it for granted that both the highborn Lord of Granvall and the well-born Counts mentioned have, in good opinion, made the proposals of a peace, which were brought to Schmalkalden by Doctor Sibert of Leuenburg, on account of the same Counts, and subsequently the Count of Neuenar verbally reported to us in his own person. Therefore we thank them not only for our persons, but also for all our co-named kindly and graciously. For we can say with truth and certainty that among all human things on earth we desire nothing more and higher than the most victorious Roman Emperor, always ruler of the Empire, mercy, and common peace of the German Nation. Above all, however, we are grateful to the Highborn Lord of Granvall, 1) that he has shown us so much, that he has so far served and advised that these things

1. Thus: "Granuall" is the name "Granvella" written throughout Spalatin.

He said that no war would be waged, and that he would only gladly advise, help and serve to preserve the common peace of the land. We also have no doubt that such an honest Christian undertaking, which is only honest and praiseworthy even for such a man who is involved in the highest regimental matters of the whole world, is heartily pleasing to God. We also ask that such a man's heart, will and mind continue to bring the glory of Christ to light, and to guide and govern for the promotion of the common peace of the Holy Roman Empire. We also ask the same Lord of Granvall, to the utmost of his ability, not to tear apart more than he promotes in the Church by violent actions and proposals. Which glory an honest man should desire much more, than to tolerate and lay down internal land confusion without bloodshed of the countrymen. But this we ask first of all, that he may not think that we have any desire for such church disruptions, or that we do not unite with other peoples out of unrighteous, unreasonable inclination, forwardness and courageous will, and do not keep to the custom and habit that has grown up so many hundreds of years ago. We are now burdened with grief, toil, labor, expense, and travel, not only because of error or presumption, but also because there has been discord in the doctrine of the church, as has happened many times before, so that it is not necessary to fall away from the confession of the truth. So it is also not proper to applaud and help those who unjustly and unjustly practice rage and tyrannical cruelty against godly and innocent people from time to time. We have these just, brave, true and great causes, that we do not keep it with the others; as the highborn Lord of Granvall, as the highly competent, can himself well consider. For this is the case nowadays, that many great abuses, which are by no means to be concealed, are being defended by our opponents with new unkindness, which does not look well on the Christian church and congregation; as the 41st Psalm says: "Blessed is he that taketh care of the needy, whom the Lord will save in the evil time. And after we have noted that the Roman Emperor's Majesty has been accused of suspicion and suspicion of the Lord. Majesty's suspicion against us, as if we should not argue about God's honor, the improvement of the churches, and the salvation and bliss of souls, but that we either meant and sought the goods of the churches, or something else: therefore we ask most earnestly that the Highborn Lord of Granvall will protect us against the Roman Empire.

340 Section 1: Convente zu Frankfurt 2c. No. 1299. w. xvn, 434-437. 341

Imperial. Majesty and apologize for it. For we know almost well that such speeches are being made by our unfavorables to the common man and are being formed to denigrate our affairs with them. But as it is, truth shall have the upper hand in the council of the highest prince, and false imaginary complaints, violence and injustice shall have neither place nor room with him. For since our detractors have evil things, and cannot overthrow the doctrine taught in our churches with true arguments and good reasons, they fall to this complaint that they are subject to the monasteries and other churches' goods. But what an ugly thing it is that they ask for the salvation of temporal goods, and do not ask to correct and purge the greatest vices in the church, which they themselves know and know. For the first and foremost concern should ever have been to preserve the doctrine that God Himself has given us. But the first and foremost and most important concern of our enemies is to attain and maintain principality, rule, wealth and pleasure. Now there is no doubt that our adversaries know very well that we do not fight for wealth and temporal goods, and that we do not seek temporal goods, but our adversaries pretend to do so because they would like to embitter the minds of kings, princes and lords, to destroy this pure, salutary, comforting doctrine, and to fulfill their tyrannical rage. Nevertheless, it is known, and is public in the day, that no one of us has wrested anything from our country, or has dared to wring anything from it. No one, not even of us, has deprived some bishop in Germany of his authority and taken it away. Also, since the bishops no longer wanted to give and carry the ecclesiastical court authority into the kitchens and cellars, they threw it away. Yes, they can also not properly conduct the spiritual judiciary. The episcopal monasteries still have their pensions, interest and income. On the other hand, our enemies seize many properties of our churches and forbid to give and pay the pensions and interest that are in charge of our churches. In the past, the episcopal monasteries may have given away some of their income to maintain parish priests and schoolmasters in towns. Now, however, many towns give the priests, preachers, chaplains, schoolmasters and servants salaries from the common property. And the cities, being attached to this relationship, have so little access to it, profit and advantage, that they are deprived of the old previous advantages. But, dear God, such is the journey, danger and expense,

The teaching that grows out of the thing on them is only very much. Therefore, they can never be regarded, held and respected as those who would have accepted this doctrine either out of avarice or out of a desire to be semper free and in no one's obedience. But our disfavorers bear the princes of the evangelical confession and confession hatefully, for the sake of the monasteries. And we would sincerely like that Roman Imperial Majesty and the Reverend Majesty and the Highborn Lord of Granvall would know best how these things stand, for what reason the administration in monasteries is changed, and in what way the ecclesiastical goods are partly for the necessity and benefit of the churches, and partly still held and used by us, as also our mind, will and opinion stands with such goods; Then, with what protection our enemies not only exhaust, scrape, and toil the monasteries, but also other churches and parishes, from which it will certainly result that in their dominions there will be nothing but a vain Turkish, pagan, and unchristian doctrine and nature, people, and life. We also ask the Reverend Lord of Granvall to signify all this, as the most high-minded. Since the princes also have some accesses, which are actually either very small, or much smaller, because one wants to speak of them, they are not so great, important and beneficial that they should take upon themselves so much grief, reluctance, trouble, work, worry, expense and danger, as this matter entails. For, not to mention the reluctance, toil and labor, if one only adds up the annual expenses with the monastery's goods, rent and interest, it will be clear that our expenses are far higher, which we now bear for sixteen whole years because of these things. And these expenses, together with their burdens, continue to grow and increase. Above that, consider the danger to each other, which prince, for the sake of unrestrained access, enjoyment and benefit, would put all his land and people, property, body and honor in such danger. All of this is no other than a clear and obvious indication of how our hearts, minds and opinions stand 2c. Therefore, we humbly submit to Your Imperial Majesty. Majesty's most humbly request that she not suspect us to be moved by some selfish search to hold on to this matter. For His Imperial Majesty's Majesty's grace, and our fatherland's peace and chamber are dearer to us than all human enjoyment, use and advantage. Nor do we doubt that our adversaries, who know of our principalities, lands and dominions, and of our entire regiment, will

Z42 Cap. 18. of comparative religions. W. xvn, 437-439. 343

have excused themselves because of stinginess. Therefore, we certainly do not bear such a heavy burden of confession of this doctrine for any other reason than that God Himself commands that one should confess the gospel. As Christ says, Matth. 10, 32, "Whoever confesses me before men, him will I confess before my heavenly Father." To this God also gives that we should not have fellowship with those who practice unrighteous rage against the godly. Now we come again to the complaint about the monastery estates, of which we first want to indicate the reason why their administration has been changed. Since the light of the holy gospel has appeared in these lands from the right services, many of them have left the monastic and monastic hypocrisy and glittering of themselves. Many of them also, in order that they might come to study again, or go to another state, and set up their household, have asked us for a sum of money. Because the times required this change, we appointed Christian preachers in all the places where monks remained, and ordered them to put down the unchristian services and to honestly entertain those who wanted to remain in such meetings, even if they were completely idle and did nothing for it. And especially we want to help the poor old people and provide for them. There are also such assemblies in some monasteries. Now this has been both of our duties: first, to see to it that the right Christian doctrine is carried out in our churches, and that the unchristian misbeliefs are removed from the same ends; and second, that such common goods do not perish, which the monks have already either abandoned or despised, or have badly killed. For this is the case every day, that the princes are keepers of common goods, which are endowed for the entertainment of pastors, preachers, church and school servants and poor people. Thus, there were no more people in monasteries who knew how to keep house. Therefore, we appointed administrators and superintendents in the monasteries, who kept the housekeeping, took care of the agriculture and other offices. Thus the administration of the monasteries changed. But who does not see that the causes of such change are honest and good? For we did not want to require foreign monks to us, who would have distressed our churches. For many parishes belong to the monasteries. Therefore, soon in the beginning, the income of the next parishes had to be ordered from monastery estates. Following have

We have also given a great deal to the other churches that needed supplementation and improvement. We have also ordered several hospitals and added something to the schools. Through such necessary offices and service orders, which one cannot do without, the monasteries' pensions, interest and income have been reduced, which were greater in one place than in the other. The rest is in the hands of the princes, which is small and low in many countries. Nevertheless, poor and small parishes still have to be given an allowance. Thus, one also helps poor priests thickly and often from such goods. Thus one gives some scholarships and salaries to poor students, in one place more than in the other. Thus, the times will also require us to strive for ways and means to preserve the scholarship and teaching, so that only many pupils and students may receive from the spiritual goods. Accordingly, we request that from the remaining goods, if in a Christian concilio, day or assembly, a unity of the churches would be agreed upon, such goods be turned over to the church, schools and other common benefits in distant lands, without any burden, in such a way as a concilium or assembly would then decree. For the goods of the churches belong to the maintenance of the preaching and parish office, the schools and churches, and the common need. As then the sayings of divine right indicate, also the old Concilia and old Canons. Because of this, we also ask again that our adversaries then let the spiritual goods they hold be used also for church needs, that is, to help parishes, schools and the poor, when they need allowance. For many cities have either no income at all or very little income from their parishes. However, neither the bishops nor the canons do what they are supposed to do. Among them, studying is also left undone. Therefore, because of necessity, one must strive for the means and ways so that the Christian faith, doctrine and good writing and arts are preserved. Since it is primarily for the sake of religion and faith, and to preserve doctrine and Scripture, that God has instituted and decreed the police and world government, it truly behooves the princes and lords to put all their possible diligence into preserving faith, doctrine and Scripture. We also request that a board of directors 1) be set up so that the ecclesiastical estates may be used for such Christian purposes and mildly.

1. In Latin: nos daturos eautioneru - that we want to give the firm assurance.

344 Section 1: Convente zu Frankfurt 2c. No. 1299. w. xvn, 439-442. 345

Things are to be used, as reported above, where our adversaries also again make a board. For we see that in such a large quantity and number of monasteries, an innumerable heap of ecclesiastical fiefdoms 1) and benefices are being taken over by unlearned wretches and fornicators, who not only cannot serve and benefit either churches or the common good, but are also only burdensome and harmful to it. What is happening in the principalities at this time, when the princes are opposed to Christian, godly teaching? Then they do a thing, subject themselves far and wide to that which is owed in our principalities, and forbid us to pay and pay. If we then remind them of the debt and offer to pay their churches, which they are accustomed to receive from our dominions and territories, they do not do anything of the sort and leave us nothing to follow. And the court of appeals holds against them and forces us to pay them. However, they take from our churches, without any penalty, what they themselves want. It is a common saying: Aequalitas non parit bellum; that is, where there is equality, there is no war. Therefore, if the Court of Appeals would like Germany to have peace, quiet and good quarters, they would not treat our churches so unequally, so that they would also burden the parishes and the poor. But they respect these godly offices so little that they do not spare their own churches, for they place intolerable value on the parishes and other churches. Because they also rage against the Christian pastors, many parishes lie vacant. Thus, the annuity, interest and income of the vacated parishes are drawn into the offices. The monasteries are so exhausted at some ends that at many ends the monks say that they have nothing more than the sound of bells and their chants. At many ends, not only the villages, but also towns stand without pastors, which only hurts the hearts of pious, respectable people. It also makes a pagan, wild, crude life among the common man, and will also make a barbarism, wild, crude life among our descendants, and make religion, God's fear and service completely forgotten. And truly! we would very much like that the Roman Emperor's Majesty would inquire properly. Majesty should inquire in what places Christian pastors are best kept, the churches honored most diligently, and everything that is necessary for the church honored with more diligence, from our adversaries or

1. So put by us after the Latin instead of: "an innumerable house of the clerical fiefdoms".

with us: so the matter would be gracious to her and Imperial Majesty. Majesty graciously, and move them to make a reformation, and to help the parishes. For as long as one deals so tyrannically with the Christian pastors and preachers, we will not have pastors on either side. All this avoidance would make Roman Emper. Majesty would know that it is based on this. And it also shows sufficiently that we are not favorable and inclined to this doctrine for the sake of avarice, which increases our expenses and danger, while our adversaries steal from spiritual goods as much as they want, safely and without any burden, and have large salaries, so that they are appointed by the bishops to destroy the Christian doctrine. Furthermore, we hope that Imperial Majesty will pardon us sufficiently. Majesty will have pardoned us sufficiently, since we request that the remaining monastery estates be turned over to a Christian concilium or assembly, in which peace and unity will be established. The other accusation has hurt us much more, that Imperial Majesty suspects us. The other accusation has hurt us much more, that His Majesty suspects us of holding a Christian and righteous discussion with others, than that we only set ourselves up to give and take peace and unity, that we thereby forgive and endure the matter, and that we shy away from righteous knowledge and judgment; and the actions of the previous imperial diets are brought up, at which, because we did not fall away from the doctrine, we are said to flee and shun the light. For hypocrisy is ugly and shameful, but especially in matters concerning religion and God's word and service. Therefore, we most humbly request, Your Imperial Majesty, that our righteousness be respected. Majesty will graciously listen to our righteous and honorable apology. When our adversaries had spread many false, fabricated complaints against our churches from the Imperial Diet at Augsburg, and we had been ordered to give an account of our doctrine and ceremonies, we did not put anything under the bench, but freely and simply stated our entire doctrine in such a way that it could only be understood that we righteously follow the true apostolic and catholic church, and keep the symbols and articles of faith; and that our doctrine and ceremonies compare very well with the ancient, pure, Christian church. We also have many and important causes of our intention and undertaking; we are also confident that 2) a great many commoners are also

2. Here we have erased "only" which is not expressed even in Latin.

346 Cap. 18. of comparative religions. W. xvn, 442^44. 347

The people of the city have been well satisfied with us, since they have seen that we hold a unanimous opinion about the apostolic and catholic Christian church, and have punished the abuses and errors that crept into the Christian church in former times. For this cannot ever be denied, that much more grievous and unmistakable burdens and errors have secretly crept in. The doctrine of repentance and forgiveness of sins has become highly confused. What terrible abuses the sacrament of the true body and blood of Christ has fallen into in the corner mass, although it is certain that in the old Christian church they knew nothing at all about corner masses. In the celibate and celibate state outside of marriage, how many sins and disgraces are involved! So also the doctrine of the power of the keys has been full of vanity, lies and ambition, and has been drawn and interpreted only to increase the tyranny of the pope. How great has been the burden of unbelieving doctrines, and how swiftly and harshly have people been plagued and tortured with human doctrines! How little distinction has been made between the ministers of the gospel! Our confession and confessing has been directed to the matters and articles and has been put up, what errors have been punished with us. Thus our writings are still available. Above this, many God-fearing, Christian people confess that they have been reminded from these same writings and books in a Christian and useful way to be more faithful to the teachings of Christ and the right worship of God than they were before. Therefore, do not flee from the light. Since they also wanted to make a comparison at Augsburg, we did not do anything fraudulent, but showed ourselves as those who only wanted to have peace and unity. We also let it be heard that if the necessary pieces were accepted, we did not want to quarrel for the sake of the middle 1) and indifferences; we also proposed and offered honest ways and means. However, however we have been dealt with, we wish that Imperial Maj. Maj. our most gracious Lord should know. For those who were appointed by the opponents to the negotiation agreed in explicit words that they did not want to change their opinion at all, nor did they want to change it in anything soft, but only to discuss and talk with us, to bring us to their opinion, way and opinion. Then they began to defend the invocation of the saints, the abuses of the mass, and to make amends for the

1. In Spalatin: "mediocre things".

Sin. This was never a true recognition that one had searched for the right source and reason, but was only a confirmation of the old errors. Because we have not consented to this and have not let the truth go, our adversaries accuse us by Imperial Majesty. Maj. our adversaries accuse us, and invent upon us, that we have only posed ourselves in such a way, as if we had desire and will for peace and unity, only to forgive and prolong the things; but it had not had the opinion. They also called unity and settlement nothing else than falling away from the truth. After that, no disputation and discussion of doctrine was ever held on any day, although we have never fled or shied away from any discussion in which Christian and righteous action and counsel was taken. Therefore, we wish and request that Imperial Maj. Maj. should certainly see to it that we seek neither evasion nor circumlocution. For if we were ashamed of our affairs, we could with great glee and applause desist from the matter and fall. But because we know that the cause is good, Christian and godly, necessary also for the Christian church, and that Christianity cannot do without it, we bear the great burden of the confession and the confession for the sake of God's command, as we said above. Nor do we act treacherously, but we desire to spread and preserve Christian doctrine for the sake of God's glory. Thus all the pious desire nothing more than a Christian, godly unity of the churches. Therefore, as we have done on the day at Frankfurt am Main and elsewhere on several occasions, so we also now offer ourselves for a Christian and righteous discussion with other princes and estates of the realm, in which the right wells and grounds of Christian doctrine may be opened, a godly settlement, peace and unity may be decided, made and established. And so that the ambiguity or doubtful word does not cause suspicion, we call this piam conciliationem, that is, a godly and Christian conciliation, in which truth is brought to light, the Christian church is helped, the old errors are put away, and the righteous services are again established. For since it has so often been said that the Roman Emperor's will, mind, and spirit have not been respected. For, since it has been said so often that Roman Emperor Majesty's will, mind and opinion is that the discord in religion be constantly settled and reconciled, and the right wells and grounds be opened, we do not call conciliationem, or a settlement, direction or treaty, when one wants to confirm the old errors, or when one falls away from the truth. We

348 Section 1: Connente zu Frankfurt 2c. Co. 1299. w. xvn, 444-446. 349

Nor do we believe that the order of the disputation and debate at Augsburg has ever been reported to the Roman Emperor. Majesty the order of the disputation and debate at Augsburg was rightly reported, in which our adversaries publicly declared that they did not want to deviate from their opinion at all, but would only act and work to bring us to their deeds, which are directly opposed to the Gospel 1). Now if they would deal with us in this way again, it would not mean dealing with these things according to the fountain, spring and ground, or seeking the truth, but holding this Pythagorean proverb against us: Ipse dixit, that is: He has said it; because one has said it, because one wants it to be so and not otherwise, so it must remain and be. This saying about human power should never be accepted in the Christian church. For God's will can never be discerned from human opinion, but, as St. John says in 1 John, "The Son of God, who rests in the bosom of the Father, he has shown us. Kaiserl. Maj. will order this Doctor, our dear Lord Jesus Christ, to be a judge in these disputed religious matters. Kaiserl. Majesty commands to seek the truth, so that the honor of Christ may come to light and be promoted, and so that godliness may be advised and helped. This will be very well and sincerely understood by His Imperial Majesty. Maj. will be very well and truly pleased. Since we are to avoid circumlocution, it is requested by Imperial Maj. Maj. that we may be heard clearly, in fact, and with expressed words, as to our heart, will, and opinion, of which articles we think cannot be rejected. There is our Confession together with the Apologia, in which it is sufficiently clear which articles we hold as necessary and which cannot be abandoned. We also do not doubt that the doctrine that is taught in our churches is precisely the doctrine and unanimous approval of the true apostolic and catholic church of Christ. For the same doctrine is taught in the writings of the prophets and apostles. Thus, the testimonies of the ancient Christian church about the necessary things agree with this doctrine, namely: about the doctrine, about the righteous use of the sacraments, about the power of the keys, about the office of the ecclesiastics (which, however, is completely^2)^ unequal

1. Latin: puAuaut ouw evan^elio. Walch:

"deprived".

2 s Here we have deleted the words: "restless and"; in Latin it is only 6i88irail6, referring to oSieio. Therefore we have also changed "which" (referring to äoebriua) to "which" and put the brackets.

The church is not a part of the apostolic and Christian church, and separates and separates itself from the righteous Christian church. Therefore, if we threw away our confession, we would not keep it with the apostolic and Christian church, and would separate and separate ourselves from the righteous Christian church, which has always existed, in which the first fathers, prophets, apostles, and other saints, like in the faith that we preach, teach, and lead, have called upon God, and God's Son as the one, right Savior, as St. Peter says Apost. 10: "To this all the prophets bear witness." One should not hold it against this church. But we would be separating ourselves from it if we were to break away from our confession and re-establish the old errors and the horrible, frightening abuse of the sacraments. In addition to the necessary articles, there are also several indifferent and mediocre articles, which are not necessary, as human ways, which are instituted so that there may be order in the churches. The ecclesiastical compulsory jurisdiction, the ordination and consecration of ecclesiastical servants, certain visitators, ecclesiastical property, and disputed matrimonial matters could be unified if only the main doctrine were unified and agreed upon. For what is the use of comparing with them about the ceremonies or the compulsory jurisdiction, if they are still not in agreement with us in the main articles of the doctrine? In short, the quarrel cannot be settled if the others continue to defend error and to strangle the pious, the godly. But that some reproach us as if some errors were mixed up in the doctrine of our churches (although we do not doubt that the doctrine and preaching of our churches, to which we have publicly professed, is truly nothing else than the united pure approval of the apostolic and catholic church of Christ), but as to this, so may the adversaries bring it forth on the day, if something does not please them; Then we want to give a lengthy and abundant answer to every article, and hope to give an answer so that all the godly and lovers of the truth will be well satisfied with it 3). If there is anything in our Confession or Apologia that is obscure or shorter than necessity requires, we will explain and clarify it. Where also some of our book writers would have spread out some opinions (for we are ever human), which should be changed: the same

3. "Genüge" put by us instead of "gnug" in the old edition. Latin: satistäotioiww.

350 Cap. 18. of comparative religions. W. xvn, 446-449. 351

will certainly, if they remember it, not set themselves against righteous judgments and findings. We also know that some unlearned people are annoyed by the fact that in our churches the ceremonies are not the same everywhere, although equality in such matters is not necessary if one is only united in doctrine; but nevertheless, for the sake of common peace, one would also like to deal with this on one day. For, praise God! by God's grace, all our churches do not lead more than this one doctrine, which is written in our Confession and Apologia. This is also the reason why we consider it that on one day may be acted upon a contract and settlement. For one cannot act on the custom of indifferences and mean things, if one has first agreed and united on the necessary doctrine, for which a discussion is necessary, so that such great things may be purified. After that, when they have agreed on a unanimous doctrine, they must discuss many things concerning ecclesiastical jurisdiction and church government; which things we do not hear, how they may be dealt with in particular. Since we have had our opinions, minds and wills clarified, we again ask the Reverend Granvall to humbly admonish His Imperial Majesty to make peace and reformation in the Christian church, so that a lasting and true peace may be established. For if public errors are confirmed, there will always be people who will oppose them and speak against them. Moreover, it is wrong to use the sword to punish vice and error. And such regiments should not be in the Christian church. Emperor Constantine twice gave judges to the Donatists, even though they were publicly wrong. For the third time, he heard them himself, so that he would not let out any weaker commandments before the matter had been sufficiently discussed, heard and recognized, so that he would not introduce them too quickly into Christianity. We also hope that the Imperial Majesty will be of justice and goodness, after so much dispute has arisen over the most important matters, that he will not do anything by force before a righteous and fair hearing and judgment. Accordingly, we ask that, just as the Emperor's Majesty did at the meeting in Frankfurt, so the Emperor's Majesty will not do anything by force. Majesty put us off a public discussion at the meeting in Frankfurt am Main, His Imperial Majesty will graciously grant us the right to a public hearing. Majesty will graciously decree and procure such a meeting, and as has been said so often and so thickly, that His Imperial Majesty will be pleased with it. Majesty will be concerned that the real truth may come to light.

for the right reasons, which are to be considered primarily in the church, namely from God's word, which is written in the writings of the prophets and the apostles, with which also the old and pure Christian church agrees. Let it be so, as it may be, that all descendants will not speak, say and recognize otherwise than that our request and search has been equal and fair, Christian and godly, and that it will not only benefit us, but also the whole Christian Church; which also Roman Imperial Majesty is obliged to promote. The bishops are burning with honor, avarice and cruelty, raging and raging, doing nothing else but inciting, pushing and driving to strangle the innocent and Christian priests and to devastate the churches completely. And it is certainly a righteous praise and glory to Roman Emperor Majesty that he has so far not been able to prevent this. Majesty that he has so far not followed the bloodthirsty advice and suggestions. For God wants especially that one should show oneself kind and gentle towards the poor servants of the Gospel. Finally, we also ask with all diligence that the Roman Emperor's Majesty may grant the sisters and brothers of the Church. Majesty not to believe and to grant the insincere, false complaint that some of us are to be blamed as if they were to be the shells of their imperial enemies. Majesty's enemies, whom her Imperial Majesty has publicly warred against. Majesty has publicly warred against. For it is once evident and on the day, that we at that time have accused some Roman Imperial Majesties. Majesty. Majesty with several services, sent gunmasters and quite a number of powder. In addition, we have only gladly allowed our subjects to accompany the Roman Emperor. Majesty to serve in war and in the field. Thus it is also on this day that we have at that time offered and carried to house and court not small advantages, and have not accepted them, solely for this single cause, that we have offered our most loyal service and faith to the Roman Emperor with more subjects. Majesty with more loyalty and faithfulness. For this reason we would like to be pardoned by the Emperor. Majesty. And since one of us has been named, in whose reply we hope that Roman Emperor Majesty will be satisfied with his submissive reply. Majesty will be graciously pleased with his gracious reply. This answer of ours, in all and every article honest, truthful, simple and consistent, we ask that the Highborn Lord of Granvall be unburdened, read it, and report it to Roman Imperial Majesty. Majesty, to command us to their Imperial Majesty. Majesty, and ask that a righteous settlement and unification of the churches be undertaken, which is so highly needed that, where the unrighteous rage, tyranny and persecution does not cease, it is very much to be desired.

352 Section 1 Convente zu Frankfurt 2c. No. 1299 f. W. xvn, 449-451. 353

that a terrible devastation of the churches will result from it. For the bishops are so skilful and so minded that they would much sooner and rather that the whole religion and the whole Christian faith would be destroyed than that they would consent to some reformation of the church. In the end, however, we ask that the Highborn Lord of Granvall also report our most just complaint to the Chamber Court of the Roman Emperor. Majesty, in which our relatives are being most unreasonably accused, even against the law and imperial prohibition. And it is true that in minor cases the Court of Appeal not only pronounces unjust judgments, but also cruel and swift ones, as in the Mindische case on the day in which the dispute was not about more than sixty florins or so, which the poor city of Minden has assigned to a parish church, as they also belonged to the church before. But our opponents would much rather that the same sixty florins be consumed and destroyed by idle vagabonds, regardless of the fact that the idle canons of the same place squander large estates, and yet serve the church nothing at all. On the other hand, for their benefit, they do not want the parish church to lose so few florins. For the sake of this minor cause, the Court of Appeals has issued a censure against the city of Minden. Therefore, we ask with great diligence to forbid and prevent such outrages of the Court of Appeal and all such lawsuits, according to our request and judgment, which was discussed with the two Electors of the Palatinate and the Margrave of Brandenburg at the meeting in Frankfurt am Main. Since now the Roman Emperor's Majesty Majesty would like to see peace, tranquility and tranquility in the German lands, the proceedings of the Court of Appeal must truly be abolished. For what are such judgments but army drums for great outrages, against which, by virtue of natural rights, rescue and resistance are permitted. Even if the same processes were not abolished, and perhaps others made and took up a war army, we could not think otherwise than that they were taken up against us. From this, then, might arise unintentional uprisings, which we would not like; for our highest desire is that Germany may stand in good peace. We also request with great diligence the Lord of Granvall, Roman Imperial Majesty, our allies. Majesty, our most gracious Lord, to exhort him to give us peace and to abolish the lawsuits against us in the matter of religion. We also ask the well-born Counts to kindly order this to the Most Reverend Lord of Granvall. Against this

we also in turn, both against the Lord of Granvall and the Count such friendly and in grace to deserve and recognize.

1300 Melanchthon's letter to Luther about the actions of the convention in Schmalkalden. Around April 11, 1540. 1)

This writing is found in Melanchthon's sxist., lid. I, p. 29 and in Corp. red, vol. ill, 1003.

Translated into German.

1 Lunden had written when he returned from Spain: Emperor Carl would come to Germany, not that he would start an internal war, but that he would hold council on how the unity of the churches could be mediated again through reasonable means. For this reason, von Lunden admonished our princes that they should also discuss what they wanted to defend or give in to the adversaries. That is why the Schmalkaldic Convention was called. They deliberated and unanimously decided that they could not abandon the articles that we assert in the Augsburg Confession and its defense (or apology); if they were one in doctrine, they would not have to argue so vehemently about middle matters.

Our objection, which the others have signed, seems to have been written in a well-considered and learned manner, as Paul will be able to tell. While this is going on at our convention, the Emperor Carl's answer has arrived from Spain, in which the Emperor reports that he has come to Germany, not in a hostile mood, but in the opinion that he wants to let the churches act in harmony, and shows some hope that he wants to give peace, and has said that he will answer and declare himself about it soon after.

This is probably a doubtful speech, but we consider it peaceful. Afterwards, the Count of Neuenar 2) arrived soon after, bringing the council or the concern of harmony; there were some complaints or grievances of the emperor. The legation was trained with court elist. The Counts of Manderscheid

1. This time determination is according to Burkhardt, p. 353.
2. Seckendorf, nist. I,ntk., lib. Ill, x. 2571", says that the Doctor of Laws Sibert Leuenburg, a Cologne citizen (see the beginning of the previous number), was followed only by the Count of Neuenar, because the Count of Manderscheid, his uncle, was prevented by illness.

354 Cap. 18. of comparative religions. W. xvn. 451-454. 355

and Neuenar claimed that the emperor had not actually sent them, but that their advice and opinion pleased the emperor. The sum of the council was this: Because the emperor would like to have the common disputes settled without much ado, Granvellen and these two counts thought that they should ask that this be sought by the emperor in silence, and that we elect him as arbitrator in these disputes in silence. If we did that, the emperor would need Granvellen and a few others, and would choose learned people from both sides to judge the doctrinal points and bring them to a settlement. The dispute about church property, however, would have to be left to the emperor's judgment. They also wanted to know this, namely that we would like to state clearly and purely what we are willing to concede or to assert.

(4) There were very harsh complaints about the church property and about playing hide-and-seek, for the emperor complains: it is very displeasing to him that up to now we have always acted as if we were looking for harmony, and yet we have always played the matter far away, so that our party would thereby gradually become stronger; we have never been quite willing to quell or abolish the discord, because we have not given in to the adversaries at all.

(5) He also tells how diligently he had acted on unity at Augsburg. And the whole complaint boils down to this: it does not seem that we seek unity, unless we abandon the whole doctrine to which we profess.

We have answered modestly and truthfully that we sincerely wished for the common good and peace; in response to the accusations made against us, we have expressed our need and have faithfully confessed that we did not consider this to be unity, if old errors were to be confirmed and godly doctrine abandoned. We also clearly indicated which articles we thought should remain, and asked that the matter not be dealt with in silence, but in public meeting, as promised by the Emperor's envoy at Frankfurt last year. We also testified afterwards that we did not dispute about the church property.

7 The princes and cities envoys have the answer 1) in writing. Perhaps our answer will be judged in different ways. There is not much in it that sounds somewhat harsh. The rest is written modestly, honestly, seriously and without hypocrisy or sophistry.

1. The previous document.

And if the Emperor wants the churches to be advised in a Christian way, I think that we have already given him cause to do so. God grant that the Emperor's mind may be awakened, that he may properly investigate the sources and reasons of the doctrinal points and have them acted upon, as has been written so often in this narrative of the Counts.

(8) There you have the most distinguished and important history of this convention. For the rest are common things, and among them also many that Demosthenes calls common infirmities and faults of the regiments, of which we will speak orally some day. Farewell!

1301 Emperor Carl V's invitation to a meeting at Speier, or from there to Hagenau, to Elector John Frederick of Saxony and Landgrave Philip of Hesse. Given at Ghent, April 18, 1540.

This and the following document appeared together in a single edition in quarto in 1540. Both are printed in Hortleder, toru. I, lid. I, eap. 33, p. 130 and in Lünigs'Spieil. eeel. eont. I, p. 111.

Carl, by the Grace of God Roman Emperor, at all times Mehrer of the Empire 2c.

Highborn dear uncle, Prince and Elector! We have, among other things, quite brotherly and friendly discussed with our friendly dear brother, the Roman King, the great concerns that are now being found in the Holy Empire of the German Nation, and especially the disputed religious matter, according to necessity, and have decided with his love what we, with the help of the Almighty, graciously see promoted in it for the peace and welfare of the German Nation, and, on our part, to omit nothing that might be useful for the speedy, peaceful settlement and compromise of religious matters that have arisen, as your beloved and only men have never found our gracious inclination in the work to be otherwise than that we, of our highest fortune, would gladly help to prevent war, outrage and bloodshed in the Holy Empire of the German Nation. To this end, we have spared no effort, as much as was possible and feasible for us. We are still of such a fatherly, gracious mind, provided that your loved ones and their relatives in religion are so minded, and not otherwise requested.

356 Section 1: Convente at Frankfurt 2c. No. 1301. W.xvii.4S4-4s". 357

The people of the city of Vienna are convinced that the church would be taken and abused, and that they would comply with their manifold submissive requests that they be inclined to constant peace and tranquility, and that they would show and prove themselves to be different in the settlement of religious matters in such a way that no deficiency would be found among them. And although our excellent and gracious action some many years ago, on account of the discord in our Christian religion, which had been variously cultivated before, has had little effect, and such things have been carefully torn down the longer the more, and besides this, one evil has followed another in such a way that, if we did not have a favorable and noble understanding, it was to be feared that nothing more certain than disruption between all the states of the empire, together with war and revolt, would result from it, We have nevertheless, out of our own goodness, not refrained from sending your loved ones and their relatives once again to a more convenient place, namely to our and the empire's city of Speier, or, if the same place would not be safe due to dying runs, to another nearest place, through our friendly brother, the Roman king. King, on the sixth day of the month of June, in the near future, and to have them dealt with there with all gracious diligence and earnestness, so that the heavy burden which such a discord dangerously imposes on the German nation may, by the bestowal of divine graces and all reasonable ways and means, be laid down without further delay. In confidence, your beloved ones and their relatives shall take our gracious good opinion into consideration a little more effectively than has been done so far, and remember such things themselves with all circumstances, and thus send in, prove and show that we, and moreover our dear brother, the Roman King, and other obedient states, are in favor of the German people. King, and other obedient states, which we partly also describe in touched places, 1) and that everyone may feel and accept that you are more inclined to good peace and tranquility than to rebellion and war. Accordingly, we hereby designate and proclaim to your loved ones and those turned to them the aforementioned day and place, graciously desiring, also earnestly commanding, that your loved ones certainly attend the same day at the appointed time in their own persons, and that nothing at all, but only God's power and conjugal bodily disease, should happen to them.

1. The Emperor's letter to the Catholic princes and estates summoned them to this convention two weeks earlier than the Protestant ones, namely on May 23, in order to consult with them beforehand. See No. 1304; likewise Seckendorf, List. Imtk., lib. III, p. 270b.

and in such a case, nevertheless, have some of their trusted councillors, who are inclined to peace, tranquillity and unity, and who are useful for the settlement of matters that have been brought up, finally conclude the matter with sufficient force, without any hindsight, and in particular with a sufficient report of what your loved ones' minds and opinions are on the matter, to do so as if your loved ones themselves were present. And your loved ones will also immediately announce and make known all this to the others of their kinsmen, so that they may likewise send themselves to the aforementioned day, with a visit to the same; so our dear brother, the Roman King, will be touched by us. King, for our sake, and also for his own, will certainly visit such a day, with the granting of divine help, and will appear in person at a certain time, and, for the sake of both of us, will inform your loved ones and their relatives of our mind and opinion in the aforementioned matters, as well as of the advertisements that have recently been sent to us by your envoys. Thereupon, in accordance with our gracious confidence, your beloved, together with their allies, may, for the benefit of themselves and their fatherland, show themselves to be so peacefully and willingly submissive that the discord, and whatever trouble may arise from it, may now finally be dealt with and settled, and that subsequently the other matters necessary to the Holy Roman Empire may be taken up all the more nobly. And so that your loved ones and their relatives may attend this day all the more safely and without any danger, we hereby graciously wish to put them off and assure them that they may not resort to any violence or evil in coming to and from their custody, and that they shall be completely put off from the Nuremberg peace in all measure, and that we do not wish to act against this, nor permit anyone to act in any way. But that your loved ones also keep peace against it, and give no one just cause for violent actions, as we graciously agree to do for your loved ones and your relatives, and will recognize it in all graces. Given in our city of Ghent, on the eighteenth day of April, Anno 2c. 40, of our empire in the 20th and of our kingdoms in the 25th.

V. Hero.

Ad mandatum caesursas st oatUolioae Llajestatik propriurn.

Obernburg.

To Electors of Saxony 2c. and Landgraves of Hesse.

358 Cap. 18. of comparative religions. W. xvii, 456-459. 359

1302 The answer of Elector John Frederick of Saxony and Landgrave Philip of Hesse to the above invitation. May 9, 1540.

See the previous number.

Most Sublime, Most Great Emperor! To Your Imperial Majesty, our most subservient, always obedient, completely willing services are ready beforehand with diligence. Most gracious Lord! Your Imperial Majesty's letter, given in the city of Ghent on the eighteenth day of April, in which Your Imperial Majesty grants us, among other things, the right of obedience. Majesty graciously informs us, among other things, how they have talked with their brother, King Ferdinando, in an entirely brotherly and friendly manner about all kinds of German nation concerns, and especially about the disputed religious matters, and what was considered good and contemplated therein, and thereupon graciously appointed for us and our religious friends a meeting at Speier, and a day in the near future, the sixth of June, so that we should appear there in our own person 2c., We have most humbly, and in high honor, as is proper, received and read out. From this we find Your Imperial Majesty. Majesty the Emperor. Imperial Majesty that they are once again, as always, most graciously inclined to avert the misunderstanding in religion and the mistrust resulting therefrom with the most graciously amicable action in a fatherly and amicable manner. Therefore we say to Your Imperial Majesty. Majesty not only from our side, but also from the side of all our religious relatives, and we ask God with great and all diligence that He may grant your Imperial Majesty the most gracious and amicable action. Majesty. We ask God with great and all diligence to graciously fortify and strengthen your heart and inclination therein, for the glory of God, for the promotion and spread of His Word, for the improvement and harmonization of His holy churches, for the peace and tranquility of common Christendom, and especially of the German nation. And as Your Imperial Majesty Majesty graciously reminds us, in addition to such your imperial and paternal commandment, provided that it is thus considered by us and our fellow relatives in religion, and not otherwise accepted and abused, then your Imperial Majesty is to grant your Majesty the right to the Holy See. Majesty shall fully and certainly consider that we, for our part, and the churches subject to our territory, do not know otherwise (which we testify with God), than that all our relatives in religion, understood in our understanding, still as before, when Your Imperial Majesty was indicated several times, are in accordance with the law. Majesty several times, are earnestly and sincerely eager to settle matters in peace, tranquility and Christian unity.

only that such comparison of holy Scripture and consistent Christian, apostolic doctrine, as we also hope to God that it is not otherwise in the mind and opinion of Your Imperial Majesty and all good-hearted people, may take place. We, too, with divine help, do not want to think or accept otherwise, nor, as much as can be done with God and conscience, abuse it in some way, but in the things that would serve peace, tranquility, and also the indicated settlement of religious misunderstanding, we want to show and prove differently to the best of our ability, for which reason we will spare no expense, work, or effort. Your Imperial Majesty, out of Christian imperial concern that the discord in religion has not yet been settled by variously practiced actions, does not wish to make allowances for us, but for the things in themselves, which are great and important, and in which the divine honor and the salvation of all men's souls should and still must be considered, and besides for the other part, which, as Your Imperial Majesty knows, does not consider itself to be a part of the divine honor and the salvation of all men's souls. Maj. know, did not want to let him be instructed. For thus our minds and desires are directed to a Christian settlement of all misunderstandings in religion, and also to an honest, fair and lasting peace of the German nation. When now Your Imperial Majesty. Majesty, out of his own kindness, did not want to refrain once again, through her brother, King Ferdinand, from performing the announced pilgrimage and action at Speier, or, if the same place would not be safe, due to dying runners, at another nearest place, to be designated by the Most Reverend Royal Majesty. Maj., we would be willing and eager to pursue it in our own person, as mentioned above, if we thought that such an act of His Royal Majesty, in the form in which it has been performed, might bear fruit for the final settlement of religion. However, since we, and no doubt also our fellow deputies, did not like to see His Royal Majesty burdened or weighed down by so much business with futile action, we did not want nor could we refrain from asking Your Imperial Majesty our all-subordinate support. Majesty our most submissive concern. Namely in this form: Your Imperial Majesty. Majesty knows without a doubt that from the beginning of the misunderstanding in religion, it has been considered good and necessary at many imperial congresses, with the excellent counsel of both estates, and that no other convenient, correct, and expeditious way has been considered, except that the misunderstanding

360 Section 1: Convente zu Frankfurt 2c. No. 1302. w. xvn, 4ss-46i. 361

in a free, common, Christian concilio or assembly, in the German nation, must be established by much and various disputation and investigation of the Scriptures and proven apostolic doctrine. However, since making such a common or national assembly in a hurry may have been difficult for some, but not for our religion, a measure and form of a friendly, Christian discussion has been discussed at Frankfurt, and also a parting shot has been taken; as Your Imperial Majesty, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor. Majesty. are undoubtedly informed of this to good necessity, especially that the matter of religion, since, as reported, it is diverse, great and important, is also important to God's honor and to the salvation of all Christians, and is not to be judged according to human appearance and dealings, but according to the divine word and apostleship, but according to divine word and apostolic teaching, requires much time, thought and action on account of necessity, and thus cannot be completed in a short time, as long as one should and wants to act otherwise thoroughly, finally and ultimately: so truly royal Majesty Majesty, even to the princes, counts and estates of both parts of the religion, it would be quite difficult, according to the nature of the matter, to be present and await the matter in one's own person without prior discussion and preparation, which must therefore require a great deal of time and effort and be necessary. Therefore, we would not like that the royal majesty should also do such things for both sides. Therefore, we would not like that the royal majesty, such as also both religious states, should spend such unnecessary costs and spend so much time. Therefore, according to our understanding, we again do not know a better way of preparation and final action, if the National Assembly ever does not take place, than how the same way to Frankfurt has been considered and how the common estates of our religion have been put off from it, the content of the farewell there; we also believe that it may not be found better with God's grace and goodness. In addition, Your Imperial Majesty has also taken note of the last reply. Majesty, from the last answer given at Schmalkalden to Count Wilhelm von Neuenar, graciously accept that such, as reported above, is still, as before, the common mind and opinion of our religion. Which answer will undoubtedly be presented to Your Imperial Majesty by Mr. Granvall. Majesty will now have been presented. And if it has not been done, we hereby send Your Imperial Majesty the following Majesty a copy; from this, Your Imperial Majesty will graciously send a copy to your Imperial Majesty. Majesty will graciously note some of our apologies and true report, as well as our most humble request and entreaty that

We are highly pleased and eager to celebrate a true Christian settlement, as we have unanimously and unanimously united with each other in Schmalkalden. Your Imperial Majesty. Your Majesty has also graciously taken into consideration that both of us, as special persons of the above-mentioned relationship of our religion, may not grant the personally requested meeting and the performed action in such a manner, without the prior knowledge of the other estates. Thus the time of the appointed day is so short that the estates must submit to each other, and Your Imperial Majesty must answer in the case. Majesty in this case is almost impossible. And not only that, but that the far-flung would find it difficult to obtain the time and place in their own persons. This is shown by Your Imperial Majesty. Maj. we indicate in all best opinion and subservience to graciously note our subservient concern. But nevertheless, in the event that the acts of which Your Imperial Majesty is graciously aware are not in accordance with the above-mentioned decrees and approvals, Your Imperial Majesty will not be bound by them. Majesty graciously writes, would not be discharged. From this we, even before behind our kinsmen, as your Imperial Majesty himself graciously writes. Majesty himself has graciously requested, we would not be able to proceed. Since Your Imperial Majesty has been graciously informed in this letter that Your Majesty's brother, the King, will certainly attend such a day with the granting of divine assistance, and will appear in person at a certain time, and that Your Imperial Majesty will be pleased to receive his blessing. Majesty. Majesty's mind and opinion in the above-mentioned matters, as well as in response to the advertisements recently sent to Your Imperial Majesty by our and our relatives. Majesty by our and our kinsmen's envoys, should indicate and report to us according to length 1), then we wish to honor God, to benefit the cause, and to be subservient to Your Imperial Majesty. Majesty for your most humble obedience and favor, and for the promotion of peace and unity, on the above-mentioned day, the sixth of June, and to Speier, or to the place which the Royal Majesty will designate for us in the vicinity, which will also be somewhat equal for both parts. Majesty will name for us, send ours with sufficient force, also notify our religious relatives of such day and place as conducive as it is possible to appear in person, or to dispatch theirs with the same force, Your Imperial Majesty's mind and opinion. Maj.'s mind and opinion in the matter, as well as the answer to the above-mentioned advertisement made by our relatives and our envoys; with the further order to take note of everything that may be necessary to put an end to the above-mentioned misunderstanding in the religion.

1. "according to length" put by us instead of: "according to lengthwise".

** 362 Erl.ss, 275f.** cap. 18. of comparisons of religions. W. XVII, 461-464. 363

We are grateful to you for your cooperation in this matter, and to act most humbly in this region, as much as may be convenient and fruitful for the time being, and in accordance with God and His conscience, which serves to ensure lasting peace and unity of the German nation, and to help us, in our part, to strive for the preparation and ways according to the highest intellect and conscience, so that we may subsequently come to a right, true, uniform, Christian, final understanding in religion, and peace and unity in the German nation may be preserved. All in the hope to GOD and your Imperial Majesty that nevertheless the peace and unity in the German nation will be preserved. Majesty, that nevertheless Your Imperial Majesty will be pleased with such an action. Majesty in such an act, out of imperial. Christian mind and innate virtue, no less than we, and no other than what is in accordance with divine Scripture and apostolic doctrine, will not only desire, but will promote it to the utmost of their ability. Your Imperial Majesty. Your Majesty will also instruct the opposing party, who is found to hold opinions that are not in accordance with the Word of God, holy Scripture and apostolic doctrine, to give glory to God and to refrain from such opinions, so that that which is pleasing to God, in accordance with divine holy Scripture and apostolic doctrine, and not otherwise, may be acted upon. We also want to consider, as mentioned above, whether the Almighty's providence will send the action in such a way that we can recognize that our some personal presence is useful and necessary. We have no doubt that our fellow citizens will be able to help us, as mentioned above, if by the providence of the Almighty the action will turn out to be such that we can see that our personal presence would be useful and necessary, so that then some from our part will also come personally and in the most beneficial way possible. For we have no doubt that our kinsmen will show themselves in such actions next to us that Your Imperial Majesty will be able to help them and us. Majesty of the same estates and our earnest Christian zeal for God our Lord and His divine Word, also a righteous submission to Your Imperial Majesty, and a truthful and honest faithfulness to the Holy Spirit. Majesty, and a true eagerness and inclination for Christian peace and unity. Peace and unity, will be graciously felt.

Since, then, most gracious Lord, for this act of divine Scripture, understanding, different teachers and theologians are needed, and without them nothing fruitful can be done about the comparison of religions, we most humbly ask your Imperial Majesty to give his most gracious assurance and security to our and our religious relatives, also to all and each of these theologians and teachers, as well as to all the messages sent. Majesty, who will give her most gracious assurance and security to our and our religious relatives, also to all and each of the same theologians and teachers, likewise to all sent embassies and councils, which are sent and used for such a day by the estates of our religion, to, on and from such a day and place, from our and their

The Imperial Majesty has graciously granted, extended and enlarged the custody of all, and of every one of them, up to and including the present. Your Imperial Majesty. Majesty will also graciously write to Speier, or to the place where such a meeting will be held, and give an earnest command to keep such given security unbreakable and inviolable for all and every of the above-mentioned estates, their theologians, teachers, envoys, councillors, embassies and their servants, and to return to your Imperial Majesty's mind and opinion on all this. Your Imperial Majesty's gracious mind and opinion, and to keep us and our distant relatives all the more properly informed of this. All this for the sake of Your Imperial Majesty. Majesty, we are at all times inclined to do so. Thus we command Your Imperial Majesty, as our Majesty, as our most gracious Lord, in all subservience. Date the ninth day of the month Maji, Anno Domini 1540.

Your Imperial. Maj.

most subservient chur and prince

Johann Friedrich, Duke of Saxony, Elector 2c. and Burgrave of > Magdeburg 2c., and Philipp, Landgrave of Hesse, Count of > Katzenelnbogen 2c.

To the Roman Imperial Maj. Maj.

1303 D. Mart. Luther's letter to Duke John Frederick, Elector of Saxony, concerning the colloquium at Hagenau.

The 10th of June 1) 1540.

The original of this letter is in the Weimar Archives, LsZ. II, Bl. 305, No. 125 X., reprinted in Seidemann's "Lutherbriefe," p. 57. In the editions: in the Wittenberger (1559), Vol. XII, p. 304 d; in the Jenaer (1568), Vol. VII, p. 390d; in the Altenburger, Vol. VII, p. 422; in the Leipziger, Vol. XXI, p.366.; in the Erlanger, vol. 55, p. 280 and in De Wette, vol. V, p. 282. We give the text according to Seidemann.

To the most illustrious, highborn prince and lord, Mr. Johann > Friedrich, Duke of Saxony and Archmarshall and Elector of the H. R. > Reich, Landgrave of Thuringia, Margrave of Meissen and Burgrave of > Magdeburg, my most gracious lord.

Grace and peace in Christ, and my poor Pater noster. Most Serene, Highborn

1. This date is set after the original, which is dated: "Dornstags nach Bonifacii. In all editions: "Thursday after Reminiscere" (Feb. 26). But already De Wette has recognized that this date is wrong, and dates: "in May". Likewise the Erlangen edition.

364 Section 1 Convente zu Frankfurt 2c. No. 1303 f. W. xvn, 464-466. 365

Prince, most gracious lord!. Since Magister Philipps is now going to Hagenau with us to listen to the false pretenses of the larvae who want to paint us with colors as they are, even though they, our enemies, certainly seek all our destruction, as E. C. F. G. know and experience daily: I humbly request, as E. C. F. G. does. C. F. G. without thinking much more to do so, that the envoys all, and each one in particular, have strict orders, and know how to present, how they can neither deviate from that which has now been unanimously decided at Schmalkalden.

The devil has now been courted long enough, and the papists have been whistled at so often that they do not dance; so often lamented that they do not mourn, but want to master the wisdom of God. God, who began it, whose cause it is, and not ours, will know how to accomplish it without our wisdom and power, as has happened so far. But write this: some of the papists should want to adorn themselves with good words and try ours, which is why M. Philip also desires such a strict order. E. C. F. G., as the one who is most concerned, will know without a doubt how to keep to this. In the meantime, we want to add the dear Lord's Prayer to this matter, which has so far proven itself honestly, praise and thanks to God. Hiemit dem lieben GOtt befehlt, Amen. Thursday after Bonifacii June 10 1540.

E. C. F. G. Martinus Luther.

1304: The papal envoy's writings to the imperial and royal majesty, in which he fiercely attacks the Protestants. Between April 18 and May 23, 1540. 1)

This document is found in the Reynaldus annal, torn. XXI, N(I ann. 1540, No. 15 and printed from it in Seckendorfs List. I^utU., iib. Ill, p. 272, ^<16. II.

Translated from Latin.

1. This approximate timing is due to the fact that this document was handed over after the Emperor's invitation, but before the meeting of the Catholics on May 23.

Yesterday, when the Most Reverend Legate 2) of the Most Reverend Lord of. Granvella, on behalf of the Imperial Majesty and the most illustrious Roman King, that it seemed expedient and necessary to their Majesties to settle the religious disputes in the German nation, through which Christian divinity has already been greatly overthrown and is being overthrown more and more, and likewise to take measures against the Turk (because it is known that the Turk intends to fall with great armor into Hungary this year), to have an assembly of the Catholic princes held at Speier in the future of Trinity 23. May, in which they should first act to strengthen the union of the Catholics, and about some religious matters that could be granted to the Protestant states, if they did not concern the essentials of our Catholic faith; and when this has once been brought to the correctness among the Catholic princes, that then another meeting with some Protestant princes would be held thereafter during the three following weeks 3) , in which one would deal with the unity of Germany in the faith and with the help against the Turks, and also let the envoys of the most Christian king be present for this purpose 2c., and since the Reverend Lord of Granvella requested the opinion of the Most Reverend Legate on this matter, although something had already been said about it: nevertheless, since it was decided that the Most Reverend Legate should further consider and present to Their Majesties what he thinks is necessary to avert the danger of the Turks without detriment to religion, he then presents his opinion in the following manner:

Above all, Their Majesties will keep themselves firmly assured that Our Most Holy Lord desires true peace and unity for Germany, but that it will not be separated from the Church and placed in constant war with God. Their Holiness also desires nothing more than that the raging Turks, as the greatest and most powerful enemy, be subdued and driven back, with the unanimous voices and support of all Christendom.

(3) As for the present matter of the meeting of Protestants and Catholics, and of the religion and peace of the German-speaking countries, it is important to know that the Protestants and Catholics are not the same people.

2. The Papal Legates were the Cardinals Farnesius and Cervinus. Seckendorf I. c., p. 270d.
3. Here it cannot be translated, as all translators have done: "after three weeks", with omission of "following", because it was only two weeks; xost must be taken as an adverb.

366 Cap. 18. of comparative religions. W. xvn, 466-468. 367

If it is necessary to deal with the Protestants in this country, he considers that the following should be noted: Their Imperial and Royal Majesties will remember, according to their wisdom, that there have often been negotiations with the Protestants about religion, especially at Augsburg, where in the presence of all the estates of the empire many learned men argued for a long time, but nothing could be decided because of the cunning evasions of the adversaries. Finally, they presented the Augsburg Confession to their imperial majesty, which, although it is censurable in many respects, has not been upheld by them in any way, that they have not opposed it in many articles, and still do. They also have many other articles that they have not touched upon in such a confession, which depart entirely from the Catholic faith, and which can also be shown, if necessary. Therefore, if one deals with them about religion, one will have nothing certain in the hands of the Catholics, because they are like slippery eels.

4 In the previous year, when the Roman royal majesty, upon the advice and suggestion of the Margrave of Brandenburg, Elector, desired and hoped, according to her godliness, to find another way of unity, the parties began to act again at Frankfurt. But the adversaries gave an impetus right at the beginning, since they showed how little they would like unity, and would rather, once they had thrown off the yoke of obedience, have no pope at all than an improved one, and would rather have some abuses removed from the apostolic see than the see itself completely torn down and overthrown. And what harmony can be hoped for on such grounds, since they seek the total destruction, especially of the apostolic see and of those who are part of it, consequently, if they were executed, the confusion and destruction of the whole ecclesiastical state? But if they did this last year with the green wood, how much more will they do it with the dry? especially since they see that the peace with the king of France is not yet concluded and the Turk is attacking Hungary. For these circumstances of the time will make them quite defiant, and they will not budge from the head on which they stand, especially since there is great dissension between the parties, not only in one or the other article (as is falsely pretended), but in many and more than fifty articles. To which one can add that one does not know with whom one should bargain about concord, since they are

not all believe the same. The Lutherans want one thing, the Zwinglians another. Not to think of other sects.

(5) Supposing, however, that a harmony could still be established and the Protestants brought to the obedience of the apostolic see, such a thing could not be done without granting the Protestants many things that are also forbidden in the written law, such as communion under both forms, priestly marriage, and the like; in which, however, no innovation can be permitted in the church without common command and consent. If it should be objected that the things granted for the sake of peace and harmony could afterwards be confirmed either by the papal see or by a concilio, it is certain that without a common command and consent no innovation can be permitted in the church: It is certain, however, that they would not wait for such consent, but that these things would immediately, without delay, come into the use which they highly desired, whereupon Germany, which has now become united among herself and has adopted the customs which please her, would ask little more for a concilio; from which nothing but disruption of the whole body and of the unity of the church would have to ensue, since such customs and changes' are accepted neither in Spain, nor in France, nor in Italy, nor in other countries of Christendom. And even if a general concilium did not approve such changes, but ordered the opposite, what hope would there then be of regaining and setting right Germany, which had long since been fixed in its opinions?

(6) It is also to be feared that the Protestants will yield little of their opinion, if they have only once received that from the Catholics, that they may all at the same time fall away from the papal see; for that is what they struggle and strive for. And if this were to happen, as is to be feared, then their Majesties would not be able to resist any further, just as it happened with the announcement of a concilii at the Imperial Diet at Regensburg, about which the Imperial Estates made an unauthorized decision without the consent of your Imperial Majesty, as your Majesty has reported to our most holy Lord. Therefore, Their Imperial and Royal Majesties alone can fully recognize from this what good is to be hoped from such peaceful actions and discussions with them.

(7) But as far as the peace of Germany is concerned, it is impossible to state what must be said about it without shame and sadness. It is

Z68 Section 1: Convente zu Frankfurt 2c. No. 1304, W. xvn, 468-471. 369

first acted and decided on the peace at Worms; subsequently, at Nuremberg, a standstill was reached between the two estates, namely the Catholics and Protestants, and finally the imperial order at Regensburg was added to this. Where so many orders of their Majesties have been issued, under penalty of the peace of the land and of the imperial power, their Majesties can see that, where so many princes have signed and sworn, where so many orders of their Majesties have been issued under the severest penalties, still nothing has been kept, but rather everything has been put on hold, This stalemate has often been broken and the Protestant party has been strengthened with new unions, against the settlements, by the accession of many princes, such as the King of Denmark, the Duke of Würtenberg and some other cities, so that religion has been changed in various countries and lands, against peace and oath.

From this, so as not to act too much and too broadly, it is easy to see what hope one can have for future peace. For during peace they seduce all sorts of people, partly by writings, partly by threats, partly by all sorts of cunning tricks; just as, when religion grows cold, people can soon be seduced from a godly to a dissolute life, from chastity to pleasure, from obedience to freedom. And they not only seduce the people, but also rob the churches, repudiate the bishops, desecrate religion, and all this with impunity; indeed, they have gone so far as to want to tear up even the honest and most respectable (reverendissimum) imperial chamber court, so that, when this happens, the power of the emperor's majesty in the empire will be fully extinguished. If this happens, the power of the imperial majesty in the empire will be completely destroyed, and they will be able to boldly take over everyone's life and goods. There is therefore no hope that a firm and lasting peace can be achieved by amicable action, for it would have to be such a peace that all sovereignty and honor of the apostolic see would be destroyed, the Catholic religion would be wiped out, and the entire ecclesiastical state would be brought to ruin and thrown over.

9 The most reverend Legate believes that all of this is unconcealed to Their Imperial and Royal Majesties, along with many other things that would be too extensive to mention here.

(10) It must now be considered how the danger of the Turks can be averted without harming religion. The Turkish danger could be controlled if both Catholics and Protestants grant their Majesties help. One

but doubts that this can happen if they have not first agreed on religion. Therefore, since the common cause of religion is to be dealt with in a general concilio, but not in special imperial assemblies, and the Catholics have always desired a concilium, as can be seen from the Regensburg Imperial Decree and the chapters (or points) of the Catholic League, the most reverend Lord Legate proposes that Their Majesties may deign to continue and hold such a general concilium. For in this way, when the Catholics have been satisfied, they will not be able to refuse help, and religious matters will be left to the Concilio, as is just. But as for the Protestants, they will be greatly frightened by such a council; and when they see that the matter will be taken seriously, they will not trust themselves much, but will become more pliant and obedient before their Majesties, as they see that they must now strike at themselves and change. Or perhaps they will come to the Concilium at once, or send them there, especially if they hear that their Majesties will not tolerate any more heresies in the kingdom, but want to have everything settled in the Concilio, that is, by the shortest way (regia via).

It is also in accordance with reason and equity that, since matters of faith and religion belong to all Christian countries, they should be compared with unanimous voices, and according to their advice and will, what is to be changed and improved in religion should be changed and abolished (for one must look not only at Germany, but also at Spain, France, Italy and other Christian countries). And it must not be thought that, if for the sake of the tranquility of Germany something new happens in religion, without the foreknowledge and consent of other countries, it can pass off without ill-repute and annoyance or highly damaging examples. And if something were soon to be arranged in Germany in a particular way, so that other countries would not be satisfied, it would be a great abomination in the body of Christ, because the members of the church would not be attached to each other and the unity of the church would be lost.

(12) For it has been an ancient custom, handed down from the apostles and preserved to our times, that in religious disputes a concilium must always be held, so that by its decision and pronouncement all disagreements may be ended and peace restored. And it will not be difficult to keep this concilium, which all the pious with constant sighing and supplications of God will demand.

370 Cap. 18. of comparative religions. W. xvn. 471-47". 371

and the Roman Pontiff; as, among others, the King of Poland has recently done through his own envoy, and especially also the allies of the Catholics or the Catholic League: among them, as has been said, it was decided and sworn in an article that they wanted to promote a concilium with all their might; which was decided at the Imperial Diet at Regensburg, as mentioned above, even without the consent of the Imperial Majesty. Majesty's consent.

The time is also quite convenient for this, for since Their Imperial Majesty and the most Christian King in France are in peace negotiations, which can have a good outcome with God. Majesty and the most Christian King in France are engaged in peace negotiations which, with God, can have a good outcome; and since there has been such good understanding between their Majesties, and so many signs of friendship have been shown before all, the prelates from all their countries will be able to meet safely and without hindrance. In addition, the consciences of their Imperial and Royal Majesties, and subsequently also of the other Catholic princes, can be present with confidence, who otherwise might admit or approve of something in such special acts, or something might be decided against their will, thereby greatly offending God and endangering souls, as has already been said. But if it is referred to a concilium, their Majesties and all others will be out of all blame. Nor is it to be concealed that the concilium will be very useful to their Majesties, because, however, if one sets aside the religious acts and points to the concilium, they can do what is useful and necessary to them.

(14) When, as I have said, a concilium has been proclaimed, and all special religious acts have been set aside, their Majesties will be able to assemble with the Catholics those whom they like, and to act with them to increase the Catholic covenant; which covenant, the stronger and more powerful it is, the more useful it will be. For when it has become quite large and strong, the Protestants will either be induced to submit to the conclusion of a concilium (as is proper), or, if they remain obstinate, their Majesties will be able to use such a covenant to chastise them and bring them back into line when the concilium has pronounced. And this is said of that which concerns religion.

15 As regards the imminent danger from the Turks, however, the most reverend Lord Legate does not cease, as he has often done on the orders of Her Holiness, to make a good will gesture to Her Imperial Majesty.

The king of France is the most Christian king in the world, and it is on such peace that the salvation of Christendom rests. For the salvation of Christianity is based on such peace. For if it is not concluded (for which God be praised!), which is not to be hoped for, it is doubtful whether the unanimous power of the whole of Christendom will be able to stand up to the same strong enemy, if it is not quite secure at home. But it is unnecessary to imagine the benefits of this peace in any great detail, because it has already been discussed many times with the imperial majesty.

16 Their Majesties may also, if they refer the religious acts to the Concilium, make a covenant with the Catholic princes for help against the Turks without delay. Then, if the Catholic alliance is firm, and their Majesties put up with the Concilium, thus depriving the Protestants of the hope of perverting the religion and stealing the church goods, their Majesties and the other princes of the empire may advise the Protestants to come to the Concilium, that they come to the Concilio without omitting some cheap ways and means by which they may be induced to do so, and by this means it is also hoped, as aforesaid, that it will be quite easy and credible to bring about that they will also grant their aid against the Turks.

(17) But if their Majesties will not obtain help against the Turks, unless they grant a terrible concord, it must be seen which brings greater harm, and by which God is most offended, namely, whether true worship and religion should be allowed to perish (which would happen if Germany were to concord in a wicked way), or remain dear without Germany's help against the Turks? For we can hardly see, to speak in Christian terms, who are the worse enemies of Christ, whether the Protestants or the Turks? For while the latter capture the body and kill it, the latter capture and overthrow the souls. The latter do not force to deny the religion, but the latter falsify and disturb the religion, although they pretend to be all kinds of good.

When all this has been carefully considered, Their Majesties will be able to consider and conclude all that is to be done and in what manner. The most reverend Legate is also of the opinion that first of all a concilium should be appointed, that it should be held this year, and that in the imperial assemblies or days in Germany nothing should be done about religion, but that the Catholic Federation should be strengthened and increased, so that, if

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The Protestants are being persuaded and moved in all ways to the Concilio, and that in the meantime peace is being made with the King of France and help is being gathered against the Turks from all quarters.

(19) It should also be noted, for the sake of the resolution, that before we can conclude with peaceful actions and obtain imperial assistance, the time to resist the Turk in this year will have passed; and in the coming year the matter of assistance against the hereditary enemy can be better carried out in the common place of the Concilii, as desired.

20 However, the aforementioned Legate leaves everything in these matters to the highly enlightened discretion and the special wisdom of their most noble Majesties, and by the way wishes them all the best and well-being.

1305 Cochlaeus' concern, submitted to King Ferdinand, about the extent to which Augsburg had compared itself with the Protestants and what could be conceded to them. June 17, 1540.

This writing is also found in Reynaldus I. c. No. 49; in Seckendorf, lid. Ill, p. 284 and in Lünig's spieil. eeel., Vol. I, p. 450.

Translated into German by Ll. Aug. Tittel.

Johann Cochlaeus' concerns about the 28 Articles of Augsburg, presented to the Roman king at Hagenau on June 17, 1540.

Most Sublime and Great King, Prince and Most Gracious Lord! After your royal Maj. Maj. in Grace, out of a special trust I have been instructed and commanded to declare in my conscience, as I dare to answer for and defend it before God and Your Maj. Maj. my most gracious lord ten years ago, which the Catholic Church cannot tolerate or accept; whether it would be possible to reach agreement with them on such articles by peaceful means, so that the German nation would again be brought to peace and harmony in the faith and the true religion, then I will give my opinion on this Your Royal Majesty's Christian order. Majesty's Christian command, I will express my opinion on this matter as briefly as possible.

as much as possible, most obediently, with the most humble request that Her Majesty will fully believe that all this has been done by me from the bottom of my heart, without any favor or disfavor, and with the highest desire of peace and unity, as I intend to confess it once before the Almighty God in the last hour of death and at the Last Judgment.

The I. Article.

Of the Holy Trinity.

In this article, I am satisfied with everything in their confession.

The II article.

From Original Sin.

Here we agreed with them on Augsburg in the committee; which opinion I still hold and insist on.

The III Article.

Of the two natures in Christ.

In this article, we also agreed with them on everything.

The IV. Article.

Of the righteousness of faith.

At Augsburg, we in the committee also agreed on this article, namely, that it should not be taught that faith alone makes one righteous, but that the word "alone" should be omitted, just as Her Imperial Majesty and other princes and estates have indicated in the imperial decree. Majesty, together with other princes and estates, have indicated and commanded in the imperial decree; for it causes trouble among the people and makes people lazy about good works. Weil nun in der Schrift nirgend gesagt wird, der Glaube „allein" macht gerecht, sondern Jacobus in seinem Brief offenbarlich widerspricht, und das Volk dadurch zu guten Werken unfleißig und träge gemacht worden (wie offenbar am Tage liegt): so wäre es allerdings besser zum Frieden, und erbaulicher zur Erhaltung eines gottseligen Lebens, daß man diesen ärgerlichen Streit von dem Glauben „allein" unterließe; gleichwie auch der heil. St. Jacob, St. Augustine, St. Cyprian and other saints have said and advised the same. Augustine de fide et opera, Cyprianus in sermon. de laps. says: "And the people are to be taught that it is not by faith alone, but also by repentance and sorrow of heart, confession of mouth, and satisfaction of deed, that they can be rid of sins, forgive God, and be saved.

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and seek to attain righteousness, and not to brave and rely on faith alone.

The V. Article.

On the ministry of the Word and the Sacraments.

Also about this article has been compared in the committee, which can remain so.

The VI Article.

Of good works.

This one has also been agreed upon, according to Eintracht about the IV. Article. It is certainly more edifying to teach before the people that God gives a reward for good works and repays each one according to his works, as the Scriptures often testify, than to always cry out that faith alone is valid before God and that God does not ask anything about works; for such crying out is annoying, false, and obviously contrary to the Scriptures of Jacob 2:14.

The VII Article.

From the church.

The committee was also unanimous on this. And it is undoubtedly more conducive to peace and more unanimous with the truth to teach and hold that there is one, true, catholic church spread throughout the whole world, as David, Paul, Augustine and other saints say: "Their sound has gone out into all the world", than what some now pretend, that Luther's party alone is the right general and catholic church. For it is never said to Luther, but to Peter, "Feed my sheep," and Luther's party is not yet thirty years old. But the church has already stood for over 1500 years, and will remain until the end of the world, Match. 28 and Joh. 14. It is therefore cheaper for Luther's party to join the general church and unite with it than for the whole and general church to join Luther's party.

The VIII. Article.

From evil church servants.

There was also agreement on this. So the Donatists, Viklefites and others were wrong, who taught that a priest who was in mortal sin could not perform an office in the church or administer a sacrament. Which opinion, of course, is now also held by the Lutherans, who say that the popes do not conduct proper worship, but only abominations and idolatry in the church. But this serves no peace and is also contrary to the truth.

The IX Article.

From baptism.

Here, too, they were united with them against the Anabaptists. And it would be fair and good for the Lutherans to reunite with us here in the ancient form of baptism, with oil and chrysam, salt, exorcismo and other ceremonies and customs that have always been held from the times of the apostles (as St. Dionysius testifies). This would be better than for them to contemptuously reject and abolish ancient and praiseworthy customs without any Scripture and to the disgrace of the Catholic Church, and thereby fall into an unnecessary schism and hinder the gifts of grace of the Holy Spirit in baptism.

The X. Article.

Of the Sacrament of the Holy Supper.

On this article, too, we have become one with them against the Zwinglians and Anabaptists, namely, that the true body is present, together with the true blood, not the mere sign or figure (illustration). Here, however, it would be most necessary, both for peace and for the salvation of souls, that the Protestants unite with us in the communion of bread and wine, also over the veneration and service of this Sacrament, as that in which the true God, our Creator and Redeemer, is essentially present, according to the ancient and praiseworthy custom of the Catholic Church. First of all, that they do not abuse such sacrament of love and unity for discord and superfluous quarrels, since they begin to argue: how long the body of Christ remains in the consecrated hosts, as they call them? Hence they fall into the grave error of calling the consecrated host, which is either carried in the monstrance or kept in the ciborium for the sick, an idol, and pouring the consecrated wine, which remains after Communion, on the ground like water.

The XI article.

From confession.

At that time there was no agreement on this article, but afterwards the Protestants in the committee gave their opinion in writing on three points: 1) that confession should not be delayed because of the comforting counting of lots; 2) because we recognize from it the high and salutary power of the keys; 3) because it is good to hold the people to confession, in which they confess and confess their sins as much as possible, and thereby the conscience is comforted in the counting of lots.

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If they have accepted these three points seriously and confess them, it will be easy to agree with them. For their greatest complaint is that they would have to confess all their sins to the priest, which they consider impossible. But we do not force anyone to do impossible things, as they blame us, but only ask that everyone confess his sin as much as he is aware of it, so that no one knowingly conceals it out of human shame, so that the confessor can advise and help the sinner all the better. For he who does not make his confession completely, as far as he knows, acts fraudulently with the confession. But against this the Scripture Jer. 48:10 says: "Cursed is he who does the work of the Lord deceitfully! But he who repents and is sorry for his sins says with David Ps. 37 (or 38), v. 19: "I confess my iniquity and make provision for my sin."

The XII. Article.

Of repentance.

This article was agreed upon in the committee because of the three parts of penance, only that they use different words. We, however, call the three parts of penance: repentance, confession, and satisfaction, according to the ancient custom of the holy fathers Cyprian, Ambrose, and Augustine 2c. But they do not want to have this word "repentance", although the holy fathers not only used it, but also the holy Concilia, and indeed the very oldest. But if they do not want to act defiantly here, they will be able to come to an agreement on this. For Christ has not done enough for our sins that we should not do anything for them, but has given us an example to follow him and to take up our cross, Matt. 16, and to repent, Matt. 11, Luc. 13. Otherwise the sinner at Corinth could have said to Paul: Do not impose repentance on me, because Christ has atoned for me or done enough. And against this is Paul 2 Cor. 7, Rom. 6, where he says, "As ye have used your members for uncleanness, and from one unrighteousness to another: so use them for righteousness in sanctification." Summa: It is not against the gospel to repent of sins, although Christ has done enough for them. For he has earnestly commanded repentance in the beginning, middle and end of the Gospel, Matt. 11, Luc. 13 and 24. It would therefore be better and more conducive to harmony that the holy fathers and the old conciliar custom be kept steadfastly, rather than angrily crying out, "Christ has done enough, our repentance is nothing; for the people thereby become reprobate and slothful to good works.

The XIII Article.

On the use of the sacraments.

There was no great dispute about this in the committee. And it would be better to stick to the old teaching, namely that the sacraments of the New Law are much more powerful than the sacraments of the Old Testament, and that they are not only signs of divine benevolence towards us, as some now say, but also working vessels and instruments through which we obtain the grace of God. Therefore it is wrongly taught that they do not give or bring grace to those who really need it, and that they do not put a stop to it by themselves, as if faith alone did everything. It would also be more conducive to peace if the number of sacraments were left at seven, than to say in an annoying manner that there are only two or three of them; for such unnecessary innovation brings little edification among the people, as we experience daily.

The XIV Article.

Of the ordination of church servants.

This article is not to be blamed according to the words, but according to the understanding it is against us: "And no one must teach publicly or administer sacraments in the church who is not properly called. These words are indeed good and right, but the Protestants' understanding and custom are not right. For they deprive the bishops of their proper call, and give it to the laity. They also choose certain apostate monks, to whom they give the supposed power to ordain priests and deacons. But all this is an impudent and bald innovation, contrary to the custom of Christ and his apostles, who commanded such ordination and call not to the laity but to the bishops. Therefore it would be much better for peace to leave to the bishops the authority which has been established and used from time immemorial, and which also has good reason in Scripture, than that princes and authorities of the cities should arrogate to themselves the call, without the foreknowledge and consent of their bishops, who are not called the ordinaries of every place in vain or in vain, and boldly presume to install and remove pastors and preachers at will, and to give a vain and void power to certain apostates, who have never been lawfully installed as bishops, to ordain priests and deacons, which has never been heard of before in the Catholic Church. Since they boast that they do not teach or start anything new, they should refrain from such innovation and not take the office of others.

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Deo XV Article.

Of ceremonies and customs of the church.

In this article we would soon be at one with them, if they proved from the ground of Scripture that our ceremonies and ancient church customs were contrary to the gospel, as they say. But up to this hour they do not prove that the praiseworthy and ancient custom of blessing and consecrating salt, water, wine, herbs, and cakes, which they consider to be mere buffoonery, is contrary to the gospel, since it is nowhere forbidden therein and has good reason in Paul 1 Tim. 4, "that it may be sanctified by word and prayer. So it is also not against the Gospel to hold processions, to use holy garments, chalices and other vessels and ornaments in the church at Mass and divine offices, to light candles, and to burn incense. Therefore, it would be much more conducive to peace and unity to keep customs and ceremonies, many of which were already in use in the times of the apostles, as St. Dionysius testifies, in their dignities, and to reintroduce them, even if they were abolished, than to mock them sacrilegiously and abolish them in the day; for they give the people cause for good devotion of the heart, for the fear and honor of God, as experience teaches. Hereby, however, I do not want to defend useless and superstitious ceremonies at all, but rather want that, where they are found, they be done away with immediately.

The XVI article.

From the secular authorities.

Here we also agree with them against the errors of the Anabaptists and others who think that there should be no worldly authority among us Christians, as Luther himself thinks in some of his writings. For these are his words in the Scriptures about worldly authority: "But each one is equally subject to the other; as Paul says Rom. 12: Each one holds the other as his superior (higher than himself). Likewise: The sword cannot be among Christians, therefore it cannot be used among and over Christians. From these and other sayings of Luther, it is probable that both the peasants' rebellion and revolt, as well as the Anabaptist error, have their origin in this. If, therefore, a lasting peace and unity are to be established, it is highly necessary that such annoying writings of Luther be abolished.

The XVII article.

From the Last Judgment.

The committee was also unanimous about this article. In the meantime, many foolish opinions of the false prophets in Saxony, especially around Wittenberg, have come to light about the last day, which have so frightened the people, and made them doubtful and senseless, that most of the farmers no longer wanted to cultivate the fields or sow, in the opinion that the last day was already at the door, and would certainly come the same day or the same hour. The new sects and foolish incursions of the enthusiasts have given rise to this madness, since everyone is free to advance something new against the old church, although Christ Himself Matth. 24 and Apost. 1 clearly testify that no one knows this time for certain, because the Father has reserved it to His power.

The XVIII. Article.

From free will.

The committee also agreed on this. But here, too, it would be necessary that the erroneous and annoying writings of the same preachers, especially Luther's and Philip Melanchthon's, which they issued against free will, be revoked by them and taken away, in which they taught with great vehemence: Man has no free will, but God works in us both good and evil, and He is the active cause of sins in man, and everything happens out of sheer necessity, that it cannot be otherwise, because man has no freedom of will, and it is not up to him to do something or not, but up to God, who works everything in man, be it good or evil. Therefore, many people still say in error: God wants me this way, and I have to do it this way, it cannot be otherwise.

The XIX article.

From the cause of sins.

Here we are also in agreement in everything. But against this we are hindered, because they annoy the youth, by Philipp Melanchthon's earlier remarks on Paul's epistle to the Romans, in which there are many sentences against this article, for example, when he says: it is certain that everything is done by God, whether good or evil. Likewise, that God not only allows the creatures to work, but that He Himself actually does everything in them; and as Paul's profession was God's own work, so also the adultery of Daavid, even the treachery of Judas Iscarioth was His own work. How shall

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But can a lasting peace and unity in the faith be established and maintained if such writings and teachings are practiced among the people, especially among the youth, which follow Philip and are not revoked or abolished?

The XX article.

Of faith and good works.

About this article an annoying, futile and long dispute has been aroused among the people by Luther, which could so easily be lifted if only our old opinion were not blasphemed and wrongly understood and interpreted.

For we do not say that works without faith please God, or in themselves without love and grace merit forgiveness of sins, heaven or eternal life, but we say that neither faith alone, nor works alone, but faith and works 1) are at the same time pleasing to God and meritorious to us for life, if they are done through love, as Paul says Gal. 5. God has promised to give reward to such works, Matth. 10. 19. 24. 25. Luc. 19, which Paul also testifies 2 Cor. 9 and 1 Tim. 6. No one can deny that God is righteous, Ps. 10. Now if He punishes evil works eternally, His righteousness also requires that He reward good works with eternal joy, as the words of Christ clearly indicate Matth. 25 and Joh. 5. 25 and John 5. In addition to this, infinite goodness and mercy are more inclined to reward the good than to punish the evil, for it is written in John 2: "Mercy rises up against judgment. Therefore, their vexatious writings, teachings, and sermons of preachers against the merit of good works might well be abolished and refrained from; for such blasphemies are more against the grace of God, which is the noblest cause of good works and much more of their merit than they, the good works, are in themselves. Yes, God Himself is blasphemed by this, for He works in us not only good works, but also good will, as the apostle says in 2 Cor. 3, Phil. 2, and the prophet Hosea, Cap. 14. Therefore, we do not need to boast greatly about our good works, or to rely on them hopefully, for we do not have them from ourselves, but from God. Thus Paul teaches 1 Corinthians 4 and Romans 2. And such a dispute about good works could be easily resolved if the adversaries would understand us rightly; and it would be much better that we should be clear about both theories.

1. These words have already been suggested by Seckendorf for addition.

In the love of Christ and unity of faith, we were eager to do many good works here on earth and to lay up treasure here, which we would certainly find in heaven afterwards, as Christ teaches us in Matth. 6, Acts 14. 14, but to leave the reward of the good to the indisputable promise and mercy of our Lord God, rather than to argue much about it with words, and thus to omit and neglect good works, and thus to be found to be unfruitful trees before Him.

The XXI article.

Of the intercession and invocation of the saints.

This article was also discussed in the committee, but it was not accepted unanimously. They admitted that all the angels and saints in heaven pray for us to God, and that we may observe the memorial and feasts of the saints, asking God to grant us the intercession of the saints; but they do not want us to call upon the saints, because the Scriptures do not require it. But they have said that they forbid anyone to call upon them, for the Scriptures have not forbidden us to do so. But in fact they themselves hold otherwise; for they have abolished not only the invocation, but also the images and commemorations and festivals of the saints, and have therefore declared us to be idolaters.

But because such boldness and innovation have aroused much annoyance and ridicule among the people, as is evident, it would be better to let this dispute go as something futile, annoying and harmful, and that each one of us followed the wholesome teaching of the saints and their godly holy conduct, so that we too, if we followed in their footsteps, might one day attain eternal life, or the crown of honors.

For this reason no one is an idolater if he honors and calls upon a saint in heaven. For the Scriptures do not call the saints idols, but children of God, brothers and fellow heirs of Christ, even gods; not by nature, but by grace and fellowship of eternal blessedness, Ps. 31, which God Himself honors from heaven, Jn. 12, and proves their holiness by many miracles. Since the heresy of Vigilantius was refuted by St. Jerome with many testimonies of Scripture more than 1100 years ago, as well as rejected and condemned by the Catholic Church, the Protestants should desist from such an old error, and rather worship and call upon the saints with one accord together with the general Church.

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The XXII article.

On the use of both forms of Holy Communion.

This article was not fully agreed upon in the committee, for the reason that we wanted to leave them free to use both forms out of love for peace. They demanded that it be done with prior confession, which they accepted; and that the preachers speak to the people: it would not be wrong or sinful to communicate under one form; and that under each form the whole Christ, God and man, was essential; and that if one among them wanted to communicate under one form, it would not be denied him; and finally that the form of wine would never be given except in the mass, and that they would not carry it over the streets to the sick. To this they answered, after long arguments and explanations: they did not condemn those who had communicated before or still under one form, and did not count it a sin for them, but they did not want their preachers to preach it to the people.

From this it now appears that it is more a defiance than a necessity to separate from the Catholic Church because of this article, since they themselves have confessed in committee that it is not a sin to communicate under one form.

Each one may therefore judge according to his conscience whether it is not much better and more salutary to communicate apart from the Mass under one form in the unity of the Church, after a long and consistently approved use by most of the churches, than under both in division and separation from the general Church, against the ancient custom of the church, in disobedience and unruliness against both authorities, with great dishonor and terrible abuse of the most holy sacrament, which is supposed to be a precious sign of love and unity, as Paul says 1 Cor. 10 and 11, but is shamefully misused by them as a sign of disunity and division; therefore it cannot be taken otherwise than for judgment and eternal damnation apart from the church communion and catholic unity.

Nevertheless, if the some article should hinder peace and unity, I would rather advise to leave them with theirs in this dispute to their will, but with this condition, that they do not condemn the custom of One Form, which the Catholic Church has, nor allow theirs to preach or write against it, until a general Concilium speaks in it and passes a judgment.

The XXIII Article.

From the priestly marriage.

The committee did not agree on this article. They have a strong objection against us: that so many priests defile themselves with unchaste women and do not keep chastity. Nevertheless, the single state and order of chastity must not be rejected or abolished. For no one is forced or compelled to adopt such a state, but each one enters into it voluntarily, as another enters into marriage voluntarily. Now everyone knows that no one who is married may leave marriage and enter another state: so also a priest or monk must not be permitted to leave the state of chastity and marry. For as the husband makes a vow to the wife, so also the clergyman makes a vow to our Lord God. If, therefore, the married state is not abolished because many sins and wickednesses and adulteries are committed therein by wicked people, since many pious people are still found who keep marriage properly, neither can the priesthood, chastity and single life be abolished because of the wicked who break and defile their state through unchastity, since there are also, thank God! there are still pious priests and monks and nuns who do not defile such status with shameful fornication.

But because, unfortunately, here in Germany the secular priests' sexual intercourse is quite mean and annoying, especially among the village priests, who generally have to keep house with maids, where straw and fire, as they say, soon flare up together: so I would like to hear from them, and at the same time help them, according to my little ability, to advise how one can remedy such evil and annoyance. The matter is at least highly important and needs mature consideration. For such a dissolute and shameful life and carnal insolence, since now many apostate priests, monks and nuns run away and quite brazenly enter into a supposed marriage, has never been seen and heard of before. Therefore, this article needs great and thoughtful consideration. But I, as the least of men, consider myself much too weak to judge properly.

Some means were proposed in the committee, but they were not considered tolerable by the renegades. That is why this article needed a special treatise, which would become too long here.

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The XXIV article.

From the fair.

In this article they could easily come to an agreement if they wanted to hear us and understand us correctly, and if the apostates' defiance and insolence were not so great. For their reasons against the sacrifice of the Mass are too weak, among which the most noble are these:

The first, that Paul says Heb. 10: Christ is sacrificed once; 2) that many priests say masses for the sake of money.

The first was answered in committee: Christ was sacrificed in three ways: 1) in the likeness of the paschal lamb; then 2) bodily, by the agony of the cross, as a bloody sacrifice; 3) spiritually, in secret (or sacrament), with honor, and without all agony and shedding of blood, in honor and remembrance of the bodily and bloody sacrifice offered for us on the cross, as Christ himself, and after him the apostle Paul, commanded in clear words: that we do it in remembrance of him, and proclaim his death until he comes.

And this sacrifice of the Mass we call a spiritual sacrifice, a representational, and an unbloody sacrifice. Against this, the Protestants can neither object nor give any reasonable or rational reason. And when they were asked in committee why they omitted the sacred Canon (or Mass prayers) in the Mass, they gave three reasons, but all of them quite childish, small and trivial reasons: 1) because we considered it a mortal sin to omit the Canon of the Mass; 2) because the Canon reports more of the sacrifice and the presentation of the same; 3) because the saints are invoked in the Canon.

To these causes one answered briefly: if it is indeed a mortal sin to omit the canon of the mass, the canon itself says nothing about it. But what it says about the sacrifice is meant by the spiritual sacrifice and offering, which we call a mysterious, pictorial or memorial sacrifice, likewise the unbloody sacrifice. The answer to the third is that although it is not wrong to call upon the saints, they are not called upon in the canon. Thus they have no just cause against the canon, but it is a pure defiance and boldness that they forsake and reject the canon.

But the fact that avarice is mixed into such sacrifices by some clergymen is an abuse, and for this reason the Mass must not be considered a good and

holy work, should be abolished; just as marriage is not abolished because there are people who marry for money. Because some laymen mockingly and blasphemously say: the Mass priests sell our Lord God for a penny or a dime, and would be worse than Judas, who sold the Lord Jesus not for one, but for thirty pennies: this is a great disgrace against the poor priests, whom Paul allows in clear words, that those live from the altar, who serve the altar, 1 Cor. 9, and Christ himself says: a worker is worth his food and wages. Therefore, it is not necessary to abolish confessions and silent masses at the altars, for it is not wrong that those who serve the altar should live off the altar. And from time to time, many silent masses are celebrated in monasteries and convents out of pure devotion and godliness, not for the sake of gifts or money. Therefore, it is not the masses themselves that must be abolished, but the abuses.

The XXV article.

From confession.

This article was mentioned earlier, and most of the controversy is based on it: whether a person should confess all sins of which he is aware, and not conceal any with knowledge in confession?

In Augsburg, in the public refutation of their confession from Jerome, the following answer was given: If the serpent, the devil, has secretly stung someone and infected him with the poison of wickedness, so that no one knows about it, and he who is wounded remains silent and does not repent, nor does he want to reveal his wound to a brother or master, then the master, who otherwise has a tongue for healing but does not know it, cannot easily help him. For if the sick man will not tell the physician about the wound he does not know about, he cannot help him with medicine.

The XXVI article.

From the difference of the dishes.

Since the members of our committee requested that the Protestants unite with the general church in the difference of meals and times, in fasting and holidays, in processions and other church ceremonies and customs, they answered in writing as follows: 1) That they would gladly keep the customs and ceremonies of the general church with us for the sake of peace and harmony, if only this would not become a burden on conscience or a necessary service. 2) That they do not publicly forbid the eating of meat on Fridays and Sundays.

386 Cap. 18. of comparative religions. W. xvn, 491-^93. 387

1. that they wanted to allow the fasting on Saturdays, likewise in the fasts of the Four Times, and in the vigils of the Nativity and Pentecost: but the forty-day fast (before Easter) was too long and should be divided; 3) that they also wanted to keep the common feasts, by which the people would remain in the habit of hearing the Word of God; 4) that they wanted to keep the ordinary chants, lectures, and other works of worship on feast days; 5) that they also wanted to keep the ordinary processions and litanies on the days of petition, as they are called] that the people might thereby be exhorted to worship.

Now, if they were serious about the five points, it would be a good preparation for unity to invent means by which they would like to unite with us and the general church.

The XXVII article.

From monastic vows.

Of this article, a long and wide one has been answered from the Scriptures and the examples of the Holy Fathers in public refutation. However, some points of it have also been beautifully proposed in writing in the committee, with the request that they accept them.

To which they replied 1) that monks and nuns, as many of them as are still with them, should be free to remain in their monasteries either until the future Concilio or to leave. 2) That such monastics should not be hindered or disturbed in their habits, dress, or ceremonies. 3) That they would protect them from all violence and injustice as much as possible.

But how they kept all this in the meantime is obvious to everyone. Therefore I fear that they are more concerned about temporal goods than about the faith or devotion of the same persons. We, however, cannot be so rash and careless, but must maintain and keep the vows, since the word of God in so many places, as the Imperial Confutation indicates, so earnestly commands that the vows promised and pledged to God be kept. For the Protestants themselves say in their Apology: one must keep the lawful vows; likewise that no one is to rob and snatch away another's goods. For they know that sin is not forgiven unless what has been stolen is restored. They also know the word of God that is written in Deut. 27: What is once dedicated to God the Lord must not be used for anything else.

but to be and remain constantly sanctified to God.

If now the avarice and godless Mammon has not completely blinded and besesten them, then one could act and compare also in this piece because of leidlicher ways and means.

The XXVIII. Article.

From the episcopal power.

The authority and jurisdiction of bishops is amply demonstrated in the Confutation from the Holy Scriptures, and their own confession teaches that both types of authority, spiritual and temporal, must be held in honor because of the command and order of God and must be regarded as a very high gift of God on earth. Thus, even in the committee, the Protestants have entered something in writing and declared themselves therein:

1. They wanted to maintain the bishops' authority and rule, although they did not want to justify the bishops' abuses and negligence. 2) They wanted to ensure that the bishops would receive due honor and obedience, and that their pastors would be placed before the ordinary bishops, so that the bishops could punish their crimes and errors. 3) That ecclesiastical jurisdiction in ecclesiastical matters be not inhibited or hindered. 4) That the bishops' excommunication in matters of ecclesiastical jurisdiction would not be prevented, if it was needed according to the holy Scriptures.

But how all this has been held during such time is before everyone in the day. But if they were serious, as the above-mentioned words read, then it is to be hoped that peace and unity could also be achieved and established in this article by appropriate means and ways.

Decision.

This is what I, most noble and magnanimous King, most gracious Lord, have found it necessary to remind you of after my poor and simple knowledge of the 28 articles of the Protestant Confession, and have recently written here, but this I leave to your royal Majesty's discretion and wise judgment. Majesty's highest discretion and wise judgment in everything and want it to be subject and reserved to her.

Hereafter, I do not wish Your Majesty to be misled that there are many other articles which, contrary to the doctrine and order of the Catholic Church, have been published among the people by the Lutherans and other preachers who are attached to them.

388Section 2: Colloquium at Worms. No. 1305 f. W. XVII, 493-496. 389

and have been printed and brought to light everywhere in the Holy Roman Empire, which are not contained in their confession, nor have they been thought of, and without which correct decision and settlement no lasting peace and Christian unity can be concluded and established.

Where it is now at the discretion of Your Royal Maj. Maj. wishes, she can see and experience them. I will

We will not feel embarrassed to show some of them, and a good number of them at that. For besides, we will not be able to reach a right and perfect unity.

E. allervortrefflichsten kön. Maj. most submissive Caplan Johann > Cochläus, Canon in Breslau.

The second section of the eighteenth chapter.

From the Colloquium at Worms, which was begun in 1540 but not completed.

1306 Concerns raised at the meeting in Worms in 1540 as to how the protesting estates should act in the upcoming colloquium and whether the ecclesiastical envoy should be accepted as a judge in contentious matters.

This concern is found in Latin and German in Pezel's CON8H., p. 135 and 394, and in Paul Röders, Rectors zu Nürnberg, Schrift äs eolloczuioaus dem

Ebnerschen Manuscript, x. 36. also in the Oorx. Rot, vol. ill, 1151.

(1) It is to be expected that the opposite party will try many dangerous tricks, not only with the pope's envoys, but with many careful things, such as the position of the articles and various calumnies and sophistries; therefore it is necessary that we pray against these Ahitophel.

(2) But this care is not needed, lest they should give way in the noblest articles, as when we shall say that all private masses are idolatry; item, when we shall dispute sola fide. Therefore we do not hope that anyone from this part will appear to accept their means, because he intends to fall away from the Gospel altogether. Whoever does not want to stay, we must let him go. Samuel was also hurt by Saul's apostasy, and there are many examples of it; Daniel also speaks especially of this time: "Many will join them falsely and unfaithfully. Therefore, we may command this danger to God, and the safest thing against all speed is for each one to remember to confess his faith, and to make as much report of it as God has given him grace to do.

3 Therefore, we think it best to stay on this road when it is time to talk.

We must declare and prove our articles thoroughly and according to necessity, and reply to the opposing side in a makeshift manner. For it would be far too long to fight out all the calumnies. Whoever wants to accept the truth or stay with it will be seen. This is our foremost concern; and if one sticks to it, one will realize that this will prevent much quarreling on the part of the opposing party and ours.

4 And it is not inadvisable that we should give our answers orally and in writing; otherwise all our speech will be turned back on us, as happened at Augsburg.

5 This is also a good thing, so that we do not have to make articles with them, but let it stay with the positions we have been given.

Item 6: Since our lords are not present, it is necessary to record the actions in writings, so that no one seeks an evasion through a calumnia.

7. item, the opposite is afraid of writing and shuns the light; they are also not skilled at writing.

8. It is easy for us to remain in harmony, otherwise each one will shout what he wants. 9. the beginning will be annoying for the papists, if we fast the protest against the envoy in writing, because it will be sharpened and soon spread.

From papal envoys.

(10) If we have recused the council, so that the pope should not be the judge, we must rather protest clearly in this act that we do not recognize the papal envoy, or the pope, as a superior judge.

390 Cap. 18. of comparative religions. W. xvn. in-E 391

or merchants, but for the principal agent and challenge him as a heretic, idolatrous and antichrist. This protestation must be made without any doubt. Now will follow from the beginning.

From the beginning of the action of protestation.

At Augsburg, they initially protested that their opinion was not to change anything in their doctrine, but to bring us to their side. Now strange protests will also happen. Where they will now say that they do not intend to change anything, but to turn us away alone, let us bear in mind that the deal will then be immediately cut off altogether. Such a thing is to be done, if something is held out to unite us above and beyond the Frankfurt agreement. And it is also to be indicated in all seriousness, as we enter into this discussion, that we do not understand the settlement to be an apostasy or defection, but have therefore entered into it, that we hope, if we were to deal with people of good conscience, that it would be found that the doctrine in our churches is right; thereby to report to His Imperial Majesty better than it would have been. Majesty better than has been done so far, and then ways may be sought for unity.

(12) In response to this speech of ours, we will hear from them what their minds are. They will also perhaps pretend that we should not argue, but only briefly indicate what we want to yield. Nor is this to be done blindly, as if one threw his garments into hell and took them out again, without distinction, but we must clearly indicate that we cannot deviate from anything in doctrine and necessary matters, and we must indicate the reason why this discussion was undertaken, so as to seek the truth first and foremost; so that peace cannot be made by suppressing the truth.

When the doctrine and necessary parts have been compared, it is then necessary to speak of the bishops' authority, ordination, and some middle ceremonies; it is futile to speak of these, because the doctrine is disputed, and we find enemies in the reason. To this end, the imperial Majesty's decree that the confession and apologiam should be made. In sum, the entrance will bring many strange speeches, so that the envoy will either forbid the discussion, or will nevertheless sit, despite our protest.

14 If he refuses the conversation, we let it happen and it is useful for us; if he does not, we let it happen and it is useful for us.

The question is, regardless of our protest, whether we should stand up or whether we are sufficiently protected by reported protest.

(15) Now it is to be considered whether it is better that the action should be in principal articles, such as fide, private mass, ecclesiastical power, satisfactio, purgatio, holy service, vota, etc., or in this sitting down of the envoys, since we are sufficiently protected by the protestation, and perhaps it is good that the envoy himself should hear how many great, excellent articles we have against the papacy. Therefore, let it be ordered what is to be done in this case, if the legate sits down despite our protestation, whether we should then refuse the action.

16 With regard to this question, it is also necessary to know how far the speeches extend that were previously made at Frankfurt and Hagenau.

1307. copy of the protestation filed before the colloquium at Worms.

The following documents from No. 1307 to 1312 are all found in Röders Schrift cle Colloquio ^Vormut., p. 39 ff. This writing is found in the Oorx. Uet., Vol. Ill, 1143 and 1147.

Translated from Latin by M. A. Tittel.

We are well acquainted with the opinions of the people of the world concerning these spiritual disputes, and we are not so stupid that we alone should not consider and foresee our danger. Nor are we so foolish and whimsical that we alone, without most necessary causes, would want to be of a different opinion than so many nations. But we have high, just and godly reasons for our actions, for we should not dim the light of the Gospel that has risen again in our churches through God's grace. Nor would it be Christian to strengthen great abuses and errors. It would also be against Christian prudence to take the unjust side (and to help such cry out). For this reason, ever since the popes, after the beginning of the renewed doctrine, have made and let go out cruel conclusions written in blood against us, have also incited kings and princes against us from time to time, have always desired a just and free judgment of the church and have offered us responsibility. But this just plea has been rejected and only harsh orders, which threaten us with great danger, have been thundered against us. But whether such cruelty and severity of the

392 Section 2: Colloquium at Worms. No. 1307. w. xvn, 4S8-svi. 393

Even though the orders were softened by the glow of the most invincible Emperor Carol, the ruler of the empire and our most gracious lord, a sharpness that is of little use for the tranquility of the Germans has been renewed by the injustice of the Court of Appeal. In the meantime, in order to think of true means against the disunity, conclusions have been made in the empire, in which hope has been given for a concilium; although no free concilium has been announced since then, nor have some discussions been held to investigate the truth. For since a committee of some princes and teachers was made at Augsburg, who wished to act with us on the unification of the doctrines of faith, they said publicly in advance that they would not change anything in the doctrine and sacred customs of their church. Now it has been suggested that they would bring us back to their opinions and instill in us the previous errors. That is why the same Augsburg discussion could neither heal the church nor bring about peace. Thus, we are still in constant danger, since we can neither come to a correct knowledge (or judgment), nor to a certain peace. The Supreme Court has thundered at us on several occasions. Elsewhere, cruelty is practiced on innocent people who are of our faith. Finally, however, in order to bring peace and harmony to the churches, a discussion of church doctrine and unity has been promised at Frankfurt; and a certain way has been proposed that moderate, learned, pious, and not quarrelsome men from both sides should act together on the doctrines. We hoped for peace and quiet again. But this way was abandoned at the meeting in Hagenau, even though we contradicted it. For although it was decided that the discussion should precede it, another, more dangerous way was sought, so that it is to be feared that some are only trying to deceive us with the pretense of a concilii, since they cannot deceive us with the preliminary judgments of such a meeting.

In addition to such difficulties, there are also the complaints about the chairmanship. Since we are already so pressed in advance, we would have enough reasons to reject this discussion. However, because it is expressly said that this deal should not be binding, and the most gracious Emperor only desires on both sides that the truth be revealed, we want to submit to the

We do not refuse to have this conversation, but request that we discuss the doctrine and recovery of the churches in a friendly manner. We protest (testify) in advance, however, that for the sake of this meeting we will not depart from our appeal to a general, free and godly concilium, as has been done in other meetings, nor from the conclusions of the Empire, which have been made on account of a common and national concilii, nor abandon the Frankfurt promise, which seems to be much more useful for the explanation of the truth and for concord, nor forget what we asked for in the meeting at Hagenau. We also testify that we honor the Catholic Christian Church, in which the Son of God, the Fathers, Prophets, Apostles and Saints reign at all times, from the bottom of our hearts and with all seriousness. With this group, which is the true Church, constituted in the true Word of God, we do not wish to be in disagreement, and take God as our witness that we desire nothing more than that the pure and simple doctrine of the Christian Catholic Church, which is in need of the pious, may appear and be preserved, so that God, the Father of our Redeemer JEsu Christ, may be rightly honored and many salvations and blessedness promoted. And there is no other reason why we do not agree with the Roman bishop than because he defends errors and false worship, which conflict with the Gospel, and shows himself to be an enemy of our churches. Therefore we testify here that we do not grant him the power that he would like to arrogate to himself in this discussion or otherwise against the Gospel.

But since our Lord and Savior Christ, the Son of God, promised that, wherever the pious come together in his name, he will be present, we ask him that he himself may sit at the head of this crowd and govern this disputation in such a way that the truth may be explained and God, the Father of our Lord Jesus Christ, may be properly honored. For we certainly have to deal with great and many things. It is necessary now to identify the whole opinion (or doctrine) of Paul, which has long been obscured; it is necessary to distinguish the right worship and the doctrines of men; it is necessary to explain the right way of a sacrifice; it is necessary to speak of the whole right of the church power. At which Concilio (or Synod) have so many serious disputes occurred? And yet, all this must be rightly settled in the Church.

After that, harmony is needed, as for other reasons, so especially for this one, because here and there, due to the lack of godly priests, there is a lack of harmony.

394 Cap. 18. of comparative religions. W. xvn,soi-sog. 395

The people of the country lack pastors, from which the downfall of religion and a miserable barbarism must ensue, where one does not think of means to counteract it. Not only princes, but also others should take this great danger of the common being to heart.

We will therefore, as the Emperor desires, answer honestly and without falsehood in all possible clarity and clearness from all articles of our confession, and use the guideline which God has prescribed for us, namely certain and clear testimonies of prophetic and apostolic writings, as it is commanded: "Whoever shall teach another gospel, let him be accursed! We also want to act righteously and honestly, so that it may be seen how we gladly seek truth and peace, but not strife. We do not want to war over words, but keep over important things that we have from GOD. For of this doctrine which we profess, we are assured that it is truly the unanimous doctrine of the Christian Catholic Church, as certainly stated in the apostolic writings, and hold that the custom of the Catholic Church and the most approved fathers are on our side, if they are rightly understood. But if anyone demands otherwise, let him bring divine Scripture against us! If this is done without sophistry, then we want to accede in the greatest modesty. And again we ask that the opponents use the same guideline, namely the prophetic and apostolic Scriptures, but not bring forward bald and dishonest distortions and interpretations instead of the Scriptures; Also to leave out deceitful conclusions, quarrels and contentions, to agree with certain testimonies of the apostolic writings, and to remember that without truth there can be no lasting harmony or peace; likewise that this is the noblest service of God, to free the church from idolatry and false opinions, as Paul says: "Flee idolatry." What greater sacrifice can we make to God than when the revealed true doctrine comes to light, and we thereby glorify the glory of Christ and promote the harmony of the Churches? These are the gifts that God most requires of us, as Christ says: "In this my heavenly Father is honored, if you bear fruit abundantly and become my disciples." Therefore, we desire and pray from the bottom of our hearts that we may render obedience to this heavenly command, so that all hearts and minds may be inclined and awakened by God to love and understand the truth.

1308 Imperial order concerning the Lord of Granvella. October 10, 1540.

See the previous number.

Translated into German by M. Aug. Tittel.

Carl V. by the Grace of God, Roman Emperor, all time Major of the Empire, in Germany, Spain, both Sicily, Jerusalem, Hungary, Dalmatia, Croatia 2c. King, Archduke in Austria, Duke of Burgundy, Brabant 2c., Count of Habsburg, Flanders, Tyrol 2c., Do hereby certify and affirm, by virtue thereof, before all and sundry: that, since we have always sought peace and unity in the Holy Roman Empire as much as possible, and have been all the more concerned that the dispute over our religion (which has now been going on and circulating in the Empire for some years, not without great harm) be settled and resolved by amicable ways and means, and that consequently all the disputes and disagreements that have arisen among the estates of the Empire be settled without any unrest or violence, and that peace may finally be established in the realm, we will therefore not lack for anything in our diligence and efforts, as our actions of the past can amply prove, but now, with God's help, we also want to do and apply everything so that it does not seem as if it were due to us that the dispute has not been settled and the matter has finally come to a conclusion. Therefore, even though our important imperial business kept us away the other day, we nevertheless left everything behind, left our Spanish kingdoms and our children, and went to these countries with our great troubles, and after consulting with our most noble brother, the Roman king, 2c., an assembly of the princes and some of the princes of the empire, in which our most noble brother, Roman King 2c., personally presided in our name (or was the head), and had it held: for no other reason than that we wanted to compare the religion and strengthen the peace in the empire.

Since, however, the matter could not be brought to a desired conclusion in such a meeting, but was referred to another meeting, and a day for amicable trade and discussion was appointed and advertised by us, in which some learned, prudent and peace-loving men, to be chosen in equal numbers by the Electors and Princes named in the Hagenau Agreement, as well as by the Protestants, should appear and, in the presence of some men specially appointed for the purpose, should be invited to the meeting.

396 Section 2: Colloquium at Worms. No. 1308 f. W. xvn.soZ-sos. 397

The Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor and the Council of the Holy Roman Emperor; that finally the matter be brought to a proper decision either by means of a lawful concilii, or otherwise, as will be agreed upon, and that besides this, something further be done and deliberated about other imperial affairs:

Therefore, in order to demonstrate our care and heartfelt affection for the common peace of the realm, we have deemed it good to send a noble and highly entrusted person to attend the reported meeting and discussion on our behalf. Because we place complete trust in the respectable and noble, our dear faithful, Nicolaum Perenottum, Lord of Granvella, Doctor and Knight of both rights, our highest State Councillor and petitioner, because of his loyalty, honesty, prudence, diligence and zeal for religion and public peace, we have chosen and appointed only the said Lord of Granvella as our Commissioner and Envoy. By virtue of this we appoint and decree him as such, and hereby give the same commissioner and envoy full power and authority to be present in our name at the said act and conversation, to attend the same, and to act with other princes, princes, and the absent envoys and deputies and others, who will be present at such action and discussion, both about the said and other points of the Hagenau agreement, and about the points reserved for our statement (or explanation), and everything that belongs to it, which occurs in the process, and also in particular act, take care, conclude, command, give the pronouncement or explanation, and by our authority and power, according to what is necessary, take part and do, say, practice and administer everything else that is necessary in the aforementioned matters and in doing so, or in any other way that may be necessary, not unlike what we ourselves, if we were present in person, would act, do and perform, even if there were other things for which a further special authority and command would be required, over and above what is expressed here.

We therefore appoint our commissary and envoy in our stead and on our behalf, and promise that we will consider all that this commissary and envoy will do, act, conclude, perform, declare, or present, in whole or in part, in the aforementioned matters, to be acceptable, valid, right and good, firm and certain in all respects, and that we will never do, perform, speak, or say anything contrary to this, either in general or individually, under any pretense or pretense. All faithfully, but dangerously. Testimony to which is our letter signed by our own hand and affixed with our imperial seal. Given in our city of Brussels, the 10th day of the month Octobris, in the year 1540, of our Empire in the 20th and of our Realms in the 25th year.

Carl.

By special order of Her Imperial and Catholic Majesty > > Obernburger.

1369 Imperial Majesty's letter apologizing for the long absence of the Lord of Granvella. 12 Oct. 1540.

See No. 1307.

Carl von GOttes Gnaden, Roman Emperor, at all times Mehrer des Reichs 2c.

Reverend, venerable, and highborn, dear friends, nephews, grandees, princes, and sovereigns; also well-born, noble, honorable, scholars, dear devotees and faithful. As we have decided to appoint the noble, our secret councilor and the kingdom's dear faithful, Niclasen Perenot, Lord of Granyellen, as our commissioner and ambassador for the assembly day that is to be held in Worms, and as he is our commissioner and orator, he is noticeably burdened with other diverse business that has occurred to us since then, so that his arrival on the above-mentioned assembly day might be somewhat delayed, we therefore request E. L. and you, the others, to appoint him as our commissioner and ambassador for the assembly day that is to be held in Worms. L. and you, the others, with kind, gracious diligence, whether our Commissary will not arrive on the appointed day, so that E. L. and you, the others, will not be burdened with expenses incurred and the consumption of time, that you will nevertheless in the meantime give the action of the meeting a start, and proceed, and not delay his arrival. This comes to us from

398 Cap. 18. of nellgion comparisons. W. xvn, 506-508. 399

E. L. and you to special good favor and describe our will and opinion. Given in our city of Brussels in Brabant, on the 12th day of October, Anno 1540, in the 20th year of our Empire and the 25th year of our Kingdom.

Carolus.

Ad mandatum Caes. et Cath. Maj. proprium. Obernburger. > > To the high and venerable, highborn, our dear friends, nephews, > grandparents, electors and princes, also well-born, noble, honorable, > scholars, our dear, devout and faithful to the empire N., all rulers, > councillors and ambassadors, who will be assembled on the 28th day of > October at Worms.

1310 Letter from the Lord of Granvella to the Catholic Estates, in which he apologizes for his late arrival. Nov. 2, 1540.

See No. 1307.

Translated into German by M. Aug. Tittel.

Most reverend, worthy fathers in Christ, most illustrious princes and rulers of the realm, and highborn, noble, strict, learned and highly wise lords!

The pile of so much business that has grown up for me has been most repugnant to me, which has prevented my earlier arrival at your noble estates. I regret from the bottom of my heart that I was not able to arrive on a certain day, as your noble estates (or dignities) requested and wished, and as I was obliged to do according to my reverence for Christianity. Since it was not possible to travel quickly and according to my heart's desire, I have nevertheless sent my apologies in writing to your Serene Highnesses, and meanwhile wanted to send the handsome Lord John of Navia, Provost of Merphile (or Merville), ahead as ambassador, who may report that I will certainly be present in the near future. He is a councillor of the sacred imperial majesty, whose effort and honesty we have already experienced in such actions, but you, who were present at that time, will also have found such. Therefore, I have considered him to be the most worthy to whom I would like to hand over this letter as well as what I have to tell your Serene Highnesses orally, so that you may hear everything correctly about the progress of my journey. Which I hope he will do faithfully.

that then not the least obstacles or causes are further in the way of the highly important things.

By the same I now command myself to your Serene Highnesses, and ask and beg cordially that you, meanwhile, as I make my journey to your Serene Highnesses, may think entirely of everything that may be beneficial to the common being. I hope with the next, if God wills it! to present my most obedient debt to your devotion and Serene Highnesses; to which I in the meantime recommend myself entirely to your most reverend and worthy fatherhoods and illustrious glories. Given Besancon, November 2, 1540.

To Their Most Worthy Fathers and Serene Highnesses, Strict and Prudent > Most Devoted

Nicolaus Perenottus.

To the most reverend, reverend, reverend and reverend, princes and > lords, Mr. Albrecht, cardinal priest, archbishop in Mainz and > Magdeburg, primate; Mr. Hermann, archbishop in Cologne; Mr. Johann > Ludewig, elected archbishop in Trier 2c.; Ludwig, Count Palatine of > the Rhine; Joachim, Margrave of Brandenburg, of the Holy Roman Empire > through Germany, Italy, and France Archchancellors, Archtruchsesses, > and Archemperors, and Princes; Mr. Ernest, Archbishop in Salzburg 2c., > and Mr. Wilhelm, bishop in Strasbourg; Wilhelm and Ludwig, brothers, > dukes in Upper and Lower Bavaria 2c., Wilhelm, dukes in Jülich and > Cleve 2c., deputized and appointed princes to the appointed > conversation at Worms 2c., S. gracious princes and lords. 1)

1311 Emperor Carl V's letter of credence to the German princes concerning the Lord of Granvella, the commissary and orator appointed to the colloquium at Worms. October 13, 1540.

See No. 1307.

Translated into German.

Carl von GOttes Gnaden Roman Emperor, all time Mehrer 2c.

Most Reverend in Christ Father, Venerable and Highborn Princes and Reigning Princes, our dear

1. From this inscription it is clear that this letter is addressed only to the Catholic estates.

400 Section 2: Colloquium at Worms. No. 1311 f. W. XVII, S08-SI0. 401

Friends and dear ones, respectable, noble, respectable, scholars, devout and dear faithful! We presently send to you the most respectable and noble, our dear faithful, Nicolaum Perenottum, Lord of Granvella, Doctor and Knight of both rights, our highest State Councillor and petitioner, our commissary and orator appointed for the above action and religious discussion, so that he may attend this action, according to the authority granted to him by us and on our behalf, with E. We urge your loved ones and others to hear from him, so that he may attend this act, according to the authority granted to him by us and on our behalf, with your loved ones and others, and act in matters about which such a discussion is to be held, and open up our opinion. We therefore kindly exhort and request your loved ones and others to give full credence to this Commissario and Orator of ours in what he will say and do in our name, no differently than if we ourselves were to speak before you. In this, your loved ones and others will show themselves particularly obliging to us. Given in our city of Brussels, the 13th of October, Anno 1540, the twentieth of our empire and the twenty-fifth of our kingdom.

Carl.

By special order of Her Imperial and Catholic Majesty Obernburger. > > To the most reverend in Christ Father, to the venerable and high-born > electors and princes, to our beloved friends and grandparents; as well > as to the respectable, noble, honored, devout, to our and the Holy > Roman Empire's dear faithful N., estates, councils, orators and > deputies, who will assemble at the next convention in Worms.

1312: List of the envoys and persons who arrived at Worms up to November 4.

See No. 1307.

Assigned ambassadors to the day towards Worms.

Imperial.

Lord of Granvella.

Christoph von Schomperg, Knight.

Gerhardus de Veldrik (Veldbick), Hispanus Theologus.

Have not yet come.

For Pabst's sake.

Cardinalis Campeji Brother.

(Thomas Campejus, episcopus Vsltrsnsis,

Magister palatii.)

Peter Damasius.

Also not yet come.

Ferdinandian.

D. Nausea.

D. Martin Klügel von Frieperg (Kugelen).

Johann Cocleus.

Gallus Miller.

Mainzian councilors.

Mr. Johann von Ernperg, cathedral dean at Mainz and cathedral provost at Speier.

Mr. Julius Pflug, canon of Mainz.

Mr. Jodocus Hutfeldel, Doctor, Provost.

D. Conrad Praun.

Mainz theologians.

Suffraganeus of Mainz, D. Ambrosius Pelargus, cathedral preacher at Trier.

Magdeburg theologians.

Suffraganeus of Halberstadt, preacher at the Preacher's Monastery in Mainz.

Trier and Cologne because of still no one hie.

Salzburgian.

D. Martin Marstaller.

Nicolaus N., cathedral preacher.

Strasbourg Episcopal.

Eisenberg.

Jobst von Seebach.

D. Christoph Wolsinger.

Lic. Johann Armbruster.

Bavarian.

N. Seuboldsdörfer, provost at Munich.

D. Johann Eck.

N. Krez, dean of Munich.

D. Johann Apel, a barefoot monk.

Jülich.

N., Provost of Flatten.

Conradus Herzpachius.

Saxony churfürstlich.

Mr. Hans von Delzke (Dolzk), Knight.

D. Franz Burkart, Chancellor.

D. Kilian Goldstein.

Philip Melanchthon.

D. Caspar Creuziger.

Justus Menius.

402 Cap. 18 Of comparative religions. W. xvii, sio-si2. 403

Duke Heinrichisch. D. Camitz.

Lic. Nicolaus Scheubel.

Würtemberg.

Balthasar von Gultlingen.

Leonhard Seiler. D. Philipp Lang. Johann Schnepf. D. Balthasar N.

Hessian.

Hermann Schleier.

Alexander of the Dhan.

Adam of Fulda.

Gerardus Noviomagus.

N. Pistorius.

Strasbourg.

Jakob Sturm.

Matthias Sturm.

D. Capito.

Martin Buzer.

John Calvinus.

Johann Sturmius.

Baselish.

Simon Grynäus.

Johann Amerbach.

Augsburgian.

Matthias Langmantel.

Jakob Herbrot.

D. Heel.

Meuslin, Predicant.

Nurembergian.

Erasmus Ebner. D. Wenzel Link. Andreas Osiander.

Magdeburgian.

Nicolaus Amsdörffer, preacher.

Ulmish.

Georg Besserer.

Martin Weickmann.

Martin Frecht, Prädicant, is still alone here.

Hällisch.

Joh. Brenz.

Churfürstlich Brandenburg.

N. Scheiding, former marshal. Alexander Halesius Scotus.

Magister Johann Lüdecken (Ludenis).

1313 Melanchthon's letter to Veit Dietrich. November 4, 1540.

This and the two following letters are found in Röder I. o. x. 48 ff. This letter is also found in the epist. üdelanokt. published by Joh. Saubertus at Nuremberg in 1640, lib. IV, and in the 6orp. Rec., vol. ill, 1130.

Translated into German.

To Mr. Veit Dietrich, teacher of the gospel in the church at > Nuremberg.

Hail! I pray to the Father of our Lord and Savior Jesus Christ, the Creator of all things, that he may soon restore your dear wife and children to health. Here they are still waiting for Granvella and the papal legate. That is why the conversation has not yet begun. But although many scholars are together, and it seems that there will be more to do than I had suspected, you can still be glad, my dear Veit, that you are not in this din, but can enjoy yourselves at home with your church in peace, since you are praying that God will govern us. Nothing else has been sought with this great lock-up and pretense of unification than that we might be condemned by a preliminary judgment of this assembly, because it did not want to proceed with the papal concilio; or that we might at least become separated and disunited among ourselves. But let us ask God not to leave us with His grace and assistance! I commend to you this guest friend, John Stratius from Flanders, an eloquent and very knowledgeable man. He wishes to see your city and to become acquainted a little with the facilities of the highly famous community, so that he may compare them with other well-established ones he has seen. He has known us for a long time and is a friend, so you may receive him quite kindly. I send you the epigram of Isenaccus, written early in bed. Be well and write again. Nov. 4.

Philip Melanchthon.

1314 Melanchthon's letter to Joachim Camerarius. Nov. 2, 1540.

This letter is found in the London edition of Melanchthon's letters, lid- IV, p. 271, also in Röders Schrift ds Colloquio IVorruab., p. 48. ff. and in Corp. LsL, vol. Ill, 1125.

Translated into German by M. A. Tittel.

** 404** Section 2: Colloquium at Worms. No. 1314 f. W. xvn. si2-si4. 405

To the highly famous and valuable man Joachim Camerarius from Bamberg, > at the academy in Tübingen, his best friend.

Hail! I notice that both the larger crowd of the meeting and the beginning of the conversation (or action) foreshadow a greater conflict of minds than I would have thought. I hear that Granvella will be the leader (or chief overseer) of the struggle, who is now the most distinguished councilor of Emperor Carl, who would not have accepted this legation if he did not hope either to disunite our people or to settle the disputes. Therefore, let us ask God to govern our minds in this doctrinal battle and to grant a gentle and quiet outcome!

You see what high things we are arguing about; about the whole opinion (or doctrine) of Paul, about which the ancients judge so differently, since the most noble pieces of religion are contained in the passages Paul treats: what sin is, how one should use the law, which is actually the benefit or use of the gospel, what faith is, what right prayer is, where the human heart must take refuge in right anxieties. How obscure everything is about such high and important things in the commentaries of the ancients and in the entire teaching of the adversaries! In addition, there are many manifest idolatries in the so-called liturgy and other superstitious services. What could be more desirable than that these disputes should be truly, without falsehood, in godly zeal and in a thorough manner, explained and settled from the right sources? For we have argued neither about the church government nor about the episcopal sovereignty, although it is certainly in the interest of the common being to think of means how scholars can be supported and nourished by such goods; but there I have always meant that one will be able to find a way in time. And we would like the bishops to conduct their episcopal sovereignty without tyranny. But when I think of the rage that has been exercised for so many years now, I think that we are going even easier in our cause than we deserve. And what special things can be hoped for from this meeting? The Eight against Goslar has gone out in print these days; with it they are publicly announcing war to us again. And the most impudent washers have been brought here as judges of doctrine, as Eck, Cochläus, Nausea, Mensingern and some such. They will speak over our heads, who do not understand the matter, glow with hatred, and their hearts will be filled with hatred.

and hands stained with the blood of the blessed.

When there will be an opportunity to advance our cause, I will endeavor, with God's help, to explain clearly and truthfully, without distortion, with emphasis, the most useful opinions about which we are arguing, which I can do all the more easily because I no longer think about the will of the princes, and thus have a calmer mind than before. You may assist us with your prayers and yours and command us to God. Be well. Caspar Creuziger, Grynäus, Kilianus, 1) Franciscus, Menius greet you. For they are with us. Brenz is not yet here. Nov. 2: Philipp Melanchthon.

1315 Melanchthon's letter to Veit Dietrich. Nov. 17, 1540.

This letter is found at the same location as No. 1313. In the vorx. Lei, vol. ill, 1158.

Translated from Latin.

To Mr. Veit Dietrich, teacher of the gospel in the church at > Nuremberg.

Hail! I have given a letter to you from a certain Flamlander, Stratius, a very learned man; when he comes to you, write to me about him.

Here the public talks or actions have not yet begun. For they are still waiting for Granvella - who is to become the supreme ruler or overseer. The beginning is not at all amusing, because the parties do not talk to each other. I have not yet visited any of those who want to be considered enemies. But I have gone to one or the other of those who want to be milder. They want to persuade me that it is all a mere dispute of words. I answered, as Aristides said to Themistocles: there would be no peace in Athens until they were both drowned in the sea; so we would be worthy of the highest punishment on both sides, if we disturbed the church with unnecessary arguments.

The governors (or leaders) of the churches in our part have been together several times, and we have discussed most of the articles of doctrine in a friendly manner. I wish you could have been there. By the way, I still do not hear anything, why the man, who after all has his domestic soci-

1. "Kilian" is Goldstein. - "Franciscus" will be the chancellor Franz Burkard.

406 Cap. 18. of comparative religions. W. xvn, 514-516. 407

The people, who otherwise love the community so much, would like to be here. I send you an epigram, by which I yesterday invited your fellows to our scholarly fight. For Osiander and Erasmus are wont to reply in verse. Farewell. Nov. 17, Worms (Werdemetiae) 1540. Greetings to Hieronymus Baumgärtner, to whom I intend to write widely these days.

Philip Melanchthon.

1316 Letter from D. Mart. Luther to Philipp Melanchthon at Worms. Nov. 21, 1540.

This letter is found complete, handwritten in the Oo6. "Kart. 451, col. 185. 4. lidl. dotk. From the collection of Caspar Sagittarius at Jena in Schütze, vol. Ill, p. 149 and in De Wette, vol. V, p. 315. Incomplete from 1.I^68tpka1i 8snt. Imtli. äs ^.äiupkor. in Ktroksl-IiÄnnsr, p. 22 and likewise German in Walch. We have translated according to De Wette and completed the letter.

Newly translated from the Latin.

Grace and peace! Today I saw your and Cruciger's letters, my dear Philip, and immediately I took up the pen and hurried to write to you again. I wonder what it may be that Carl suddenly makes this convention so numerous. And I certainly begin to suspect that the matter will be contrary to our expectations and such as it was when I was in Worms in the year 21, where there was a council without the name of a council, and I was called there without the Pope's authority. How? if now the emperor would again allow the name of a council, which is hated by the Romans, to stand, and yet in fact in his name, finally moved by our cries, he would proclaim a national council, without the name of a council and without the authority of the pope? Now you have an honorable cause to reject the pope, since you are not called by the pope, but by the emperor, whom we acknowledge as Lord, but the pope as our enemy and adversary, whom we accuse as a blasphemer, as a godless and unjust judge. Therefore it cannot be demanded of them, nor admitted of us, that he preside and be judge, if

we do not want to mix divine and human rights and suffer one and the same as judge and part. 1) Furthermore, if the same case should occur that they offer you some concessions, so that you also make concessions in return, 2) then you again have an example, 3) that you may answer with all possible humility and modesty: That which is ours and in our power, we are ready to grant not only to the emperor, but to anyone who desires it, for the sake of peace. But what is in the power of God alone, and does not 'even stand with the general church, which according to God has the supreme power and even judgment over the angels 1 Cor. 6, 3., - so it is possible that from those godless people it may be demanded that we should concede it, but to us, even to the heavenly angels, it is impossible by the nature of the thing, and if we concede it, it is void, and it would be conceded under God's wrath. On the other hand, if they offer concessions that are neither theirs nor in their power, but are in God's power alone, since we have already received them as a gift from God and have recovered them from the robbers, it would be an insult to God if we were to admit that we now receive, as granted by them, what they neither have nor can have, unless they have taken it by theft from God. By this acceptance we would confess that they had been the rightful possessors of these things, 4) and we unjust robbers, and that we would now only be rightful possessors by their forbearance. If this were to happen, we would in many ways and in many respects do injustice to the church, even to the word of God, and to our greatest shame declare that we, from the beginning of our cause, 5) had been wrongdoers. May this sting of Satan be crushed in you by the Blessed One.

1. Only here does the letter begin with Walch.
2. The words: ut viei^iw conosäsnäa oKsratig are found only in Westphal's manuscript'. This addition seems to us to be necessary because of the context, and especially because of the following execution.
3. namely to Luther at Worms.

4 The words: Konus üäsi pos8688or6s the old translator gives: "that they would be confessors of the right faith".

5. ut before inalskaettrrss seems too much for us.

408 Section 2: Colloquium at Worms. No. 1316 f. W.xvii.sis f. 409

Female Seed. Therefore, this principle shall stand firm: He gives nothing , who gives what he does not have. Let them stop giving impossible things that are not theirs, and let us be careful not to concede or accept what is neither ours nor theirs. These are things and gifts of God that are not ours. 1) But what am I teaching you people who do not understand? I write this only because I find pleasure in repeating my Worms history, which I either dream or suspect will be similar to yours, amen. I believe that Eck and the Sophists wish to have an oral conversation, but I would rather it were done (as it is appointed) in writings. For I fear that the bickering of words would hinder the truth. And if Osiander is not called by Eck, and for himself, then these two, if they fight with each other, will bring about nothing but shouting. Likewise, perhaps, Cochläus, Wicel and others will do the same with you. I was glad to hear what you wrote about the emperor. The Lord has called you to confess in his name the cause of his church; he will give you mouth and wisdom (it is not you who speak), and he will shut the mouths of those who speak ungodly things, for his glory and for the salvation of his elect. Fare well. On the Sunday after Elizabeth Nov. 21 1540. Yours, Martin Luther.

1317 Luther to Melanchthon. November 24, 1540.

This letter is duplicated in the ""printed collection of Aurifabers, vol. Ill, pp. 309 and 310; handwritten also in the 6o6.6otN.451, toi. 185.4; in the latter only the first two paragraphs. Likewise in Ktrobel-liannsr, p. 23 and in Walch. Complete in Schütze, vol. Ill, p. 151 and in De Wette, vol. V, p. 317.

Newly translated from the Latin.

Grace and peace! Yesterday we received two bundles of your letters, my dear Philip, one addressed to your Paul, but the other to us. 2) I give thanks that

1. Here the letter ends with Walch.
2. This first sentence is missing in Walch.

you write everything so diligently and faithfully, I am also happy that there is such great unity among you, that the spirit of Christ is present in you. Everything else is indifferent to me. It may fall wherever God wills. It is enough and abundantly good that we live and die, act and suffer in His grace and mercy. This is finally the goal sought in this life by all saints, from beginning to end. Praise be to God and the Father of our Lord Jesus Christ, who will complete the work He has begun in us.

I hope neither from the Emperor nor from Ferdinand anything good, because the innocent blood with which their hands are stained cries out, and they perhaps pretend something different than they undertake by deed, and which they would also pursue publicly, if their efforts were not either hindered or weakened by the prayer of the church. But this serves nothing for a future lasting peace, as long as their minds, which seek harm, are not changed. 3) Let the will of God be done. May the will of God be done, amen.

^4^) Again, ours have so often failed to seize the opportunity by the scruff of the neck, and over there have sought in vain to seize it where it is bare. God grant that I am a false prophet, and speak as a dreamer (vanus) and who understands nothing of things, and after the manner of those who are hasty. There is nothing new with us. The King of Sweden, Christian, has written to me and to you, enclosing a small gift, a silver cup, asking that we not believe, but rather blame him if he is blasphemed as an apostate from the Gospel. They insist that the rumor of the Turk's coming is certain, but our tyrants will make the Turk holy, just as in Ezekiel Cap. 16:46-51 Jerusalem made Samaria and Sodom righteous. Since you are absent, I again scourge my Moses, and he again scourges me, especially with Jacob and Esau. Ao we shall

3. Instead of: äoesnäi at De Wette we took noeWäi.

41 The following to the end of the letter is missing in Walch.

410 Cap. 18. of comparative religions. W. xvn, sir-sis. 411

until you return, and I will sound the retreat. Live well in Christ, who, I hope, will lead you back and make you victors over Satan, and that shortly. For the flesh and the world, that is, these Epicurean swine, will trample your sanctuaries underfoot, and the dogs will crush your pearls. Farewell. Wednesday after Elizabeth Nov. 24 1540. Yours Mart. Luther.

1318 Melanchthon's letter to Joachim Camerarius. Nov. 24, 1540.

This letter is found in the London edition of Melanchthon's Briese, lib. IV, p. 773 and in the Oorp. Lei, vol. ill, 1162.

Translated into German.

To the highly famous and valuable man Joachim Camerarius of Bamberg, > teacher of fine arts at the academy of Tübingen, his best friend.

Hail! I am exceedingly fond of Matthew's kindness and courtesy, and I thank him for coming here with your most pleasant letter, the sweetness of which is an immense pleasure to me in our present troubles.

I cannot yet describe the history of this discussion meeting, because it is still lacking in the beginning, and the leaders of the fight themselves do not yet know what kind of order they should prescribe for such a doctrinal fight. But this is already great: we will have no judges. For the leaders are honest good people, but they do not understand the things and the dispute, and, as it goes on the stage, they have washers (or tongue-thrashers), e.g. Conrad, my old journeyman, and the like, as their leaders; although I hear that Conrad is to be among the first fighters (or knights).

It seems, however, that there will be a lot of trouble when the disputation proceeds. Therefore, let us pray to God that he may well govern and direct the whole dispute! I see that the church must be tested with unusual and strange danger; therefore, I am quite composed, and I send myself into the matter; I also want, dear God, to be quite thorough, clear and modest in our matter, which we must not throw away carelessly, neither because of fear of the tyrants' threats, nor because of our frivolity. And I am now

I have a much freer mind, because I think only of the teachings and no longer think of princes.

You will be so good as to present the holy cause to God with heartfelt prayer, which both you and yours and your church at home will send to Him, and which I know will be pleasing and acceptable to God.

I send my greetings to your righteous sweetheart and whole family. If this meeting allows me to gain a little leisure and remaining time, I will take a walk to you. For I will not expect you to come to us in such a swarm of highwaymen and soldiers.

Here, praise God, there is not only good agreement in doctrine among us, but we also all meet each other with strange love and friendship. Be well. Nov. 24, 1) Philip.

1319 Melanchthon's letter to Hieran. Baumgärtner. Worms, Nov. 28, 1540.

This letter is found in the Leiden edition of Melanchthon's letters (I^nsäuni Latav. 1647), v. 280 and in the 6orx. Röt., vol. ill, 1175.

Germanized.

Hail! God, the Father of our Savior JEsu Christ and Creator of the whole world, keep you healthy, for the sake of His Church! And I also hope that God will still preserve His seed in well-mannered cities, that the spark of the heavenly teaching will not be completely extinguished, which, as John says, still shines to some extent in the darkness. In this hope I unite my prayer with that of the Church, that God may save you and your kind from piety. The Church has not often had the right efforts of kings, popes and princes on its side, for they otherwise have their heads full of ambition and other desires. Individual families have always held more to the gospel and helped the church, so that no king in Syria or Phoenicia took Elijah in, but a poor widow, in whose house the love for the true religion had remained. For it is believed that Jonah was the son of this widow, Abraham, Isaac

1. On a note attached to this letter are seven Latin verses, which Melanchthon, as he notes in a short postscript, composed extemporaneously. The content has no reference to our matter.

412 Section 2: Colloquium at Worms. No. 1319 f. W. xvu, 519-521. 413

and Jacob were not only private persons, but even pilgrims and strangers. So, I hope, God will also now preserve a remnant of the church in such great upheavals of the world. Therefore, I exhort you to bear with serenity of mind and some hope the trouble and worry you have for the protection of good things.

The history of the meeting is still very short. The order of the disputation is discussed. You know Aristotle's saying: that the common beings would stand well if those who are masters of the arts judged and understood it. We have received as judges (Mittlem) Junkers and some canons, who just do not know much about distant studies, and they have again, as in the plays, their pre-dancers, as Aeschines calls them, περιτρίμματα της αγοράς, some tongue-thrashers or jurists. God help us! Farewell. Worms, Nov. 28, 1540.

1320. content of the speech given by the imperial envoy, Lord of Granvella, to the Estates in the meeting at Worms.

Nov. 25, 1540.

The following eight documents up to No. 1327 are taken from Röder's writing äs oolloyu. IVormat., p. 58 ff. This speech is abridged here, fully Latin in the 6orp. Rec, vol. ill, 1164-1168.

Translated into German by Ll. Aug. Tittel.

On Catharine's Day Nov. 25, the presidents met again at the request of the presidents. There the Lord of Granvella, after reading out the imperial letters and orders, spoke thus. After reading out the imperial letters and orders, he spoke thus:

I consider that you, most reverend, most illustrious, most respectable (magnifici) 2c. Gentlemen, all know well that Her Imperial Majesty has announced this famous meeting. Maj. has announced this famous meeting, and that the Emperor's undoubted will is not only that in this distinguished assembly of so many learned and honored men from all estates and orders the matter of religion, and how to establish good harmony and preserve the common peace, be dealt with, but also that what has been well examined and considered beforehand in this dispute be further brought up afterwards at the already announced Imperial Diet, and that it be reported what has been concluded between the two parts of the meeting.

(2) It is true that the most gracious Emperor, by whose command and in whose name I am to excuse Her Imperial Majesty's absence here at the outset, has cordially wished this present event to take place. Maj.'s absence here, sincerely wished to make this present

The Emperor was prevented from attending the meeting in person, however, by regimental concerns as well as by other domestic adversities and other matters that frequently assailed her. However, Her Imperial Majesty was prevented from attending by regimental worries as well as by other domestic adversities and matters that frequently assailed her. And the Most Serene King Ferdinand, the Emperor's brother, who also formerly took upon himself and carried a good part of this business in the Hagenau meeting and actions, according to the will and command of Her Imperial Majesty, has been prevented from attending. Maj.'s will and command, would also gladly have appeared now to deal with this matter, if Her Royal Majesty had not had other needs. Maj. had not been drawn to other necessary business and, as it were, tied up.

3. but since Her Imperial Maj. Maj. has instructed me to represent your position with the most complete and honest authority and command, as such have already been handed over and read, I cannot refuse such an imperial command with any legitimate cause or excuse, although I recognize my inability in this regard. I can refuse and deny this imperial order. However, it is impossible to say how cordially Her Imperial Majesty wants the whole of Germany. Maj. wants all of Germany and wishes nothing more than that it be freed from such protracted and now almost entrenched discord and disputes, which have become so prevalent in churches and states. And I have no doubt that you, who have been sent and gathered here, will know enough and each of you will appreciate how dangerous and bad the situation is for the cause of our religion, and how necessary it is that the churches should one day be put on a firm footing and brought back into order.

Because it is so, you will easily see that it is above all incumbent upon you to control these present evils by godly and Christian counsel and to move the passport, so that the poison does not spread and cause more trouble every day. As in the case of a conflagration, each of the citizens must run to help extinguish it, so you will also now make every effort to extinguish this common conflagration and to restore public peace, tranquility and unity. To this end, not only must the highly confused state and disruption of the commonwealth here and there provoke you, but also your and everyone's minds must be inflamed and inflamed, partly by godliness itself, partly by zeal for the most holy faith, partly by love for the commonwealth.

(5) Dear ones, consider here what mischief and common misery have flooded all of Germany from these disagreements and discords and have oppressed it until now. For that is where so much murder and bloodshed comes from,

414 Cap. 18. of comparative religions. W. xvii, p21-S24. 415

and, most miserable of all, religion has been ruined, love has been eradicated and the ornaments of the old Catholic Church have been torn apart. And there is no one so sensible and eloquent who can speak and tell all such evils. Germany, which before was highly popular because of its religion, faith, devotion and all virtues, and in which now so much misery and distress have arisen for some years, is highly distressed that it is no longer the former one, and that one says everywhere that the origin of all this evil lies in her bosom. And certainly, if such misfortune is not soon vigorously controlled, one evil will always follow the other and grow in heaps.

6 Because Her Imperial Majesty has instituted this peaceful and Christian discussion about the dispute of our religion and our faith for the glory of God. Maj. has instituted this peaceful and Christian discussion of the controversy of our religion and our faith for the glory of God, it is to be hoped, however, that a mind will be brought here that does not strive for vain honor or quarrels, but is Christian and harmless, and has JESUS CHRIST the Crucified before its eyes. And do not doubt that Christ our Savior, with outstretched arms, asks this of you all. The Roman Pontiff, our most Sublime Emperor and King Ferdinand, also asks the same. And therefore I also ask by the bowels of Christ's mercy and suffering, and beseech (or implore) by the power of the emperors, 1) that you nevertheless sew up again the completely torn and fragmented skirt of Christ, and remember your Christian name, which you received in holy baptism, and this your highly famous German nation. For whatever evil will continue to arise from now on and in the future, because of hardening in the preconceived opinions and errors, 2) in the absence of unity, will be attributed to all of you as the authors, be it so.

On the other hand, if you will behave in a holy, modest and moderate manner in this present highly important business, you will do God and the Church a most pleasant service, and afterwards also the Imperial Majesty will bind you to high graces and favors. Maj. will highly bind you to high graces and favors, and Her Imperial Majesty will take care of you. Maj. will see to it that all these matters are fully accomplished and brought into correctness at the next announced Imperial Diet.

(8) Whatever else may be necessary to settle this dispute will be brought forward gradually as the matter proceeds.

1. Here Granvella has even started to cry. (Walch.)
2. So I read: srrorurü for rumorurn. (Walch.)

1321 Response of the Catholic Estates to the speech of the Lord of Granvella, delivered at Worms, which was sent to him.

Nov. 26, 1540.

See the previous number.

Translated into German by M. Aug. Tittel.

The most reverend and noble, dignified and high-born Electors, Princes and Estates, Ambassadors, Councillors and Envoys, who have been summoned here, and yesterday were summoned together by the order of your distinguished Majesty, have received from your distinguished Majesty the most gracious greeting of Imperial Majesty. Thereafter, they have also heard the letter of credence (or certification), together with the order and authority of their Imperial Majesty, read to your distinguished lordship's person. They have also heard from Your Lordship's emphatic and graceful speech of Her Imperial Majesty the most gracious and graciously gracious. Maj.'s most gracious and entirely fatherly affection, love, concern and effort, by which they have hitherto been at most anxious to settle and reconcile this discord of our most holy religion, which has arisen in the highly famous and praiseworthy Germany. By what causes also Her Imperial Maj. Maj. has been moved to appoint your distinguished lordship as her highest, secret and state councillor, and a man who is both fervent in excellent godliness and in high esteem with her Imperial Majesty. Majesty, and who has a heartfelt desire to promote the common good, salvation and peace, to this meeting of a Christian discussion of religion and to endow him with the dignity of an envoy; as well as for what reasons Your Glory was driven to accept such an office and assigned dignity. They have understood all this perfectly.

2 Because they have recently consulted about such a submission, which shows both all the grace and benevolence of Their Imperial Majesty and the good will and good endeavor of Your Highly Handsome Glory, we have been ordered to send this reply to Your Majesty. Majesty, as well as demonstrating a willingness and good endeavor on the part of Your Most Eminent Majesty, we have been ordered to return this answer to Your Most Eminent (or Strict) Majesty in everyone's name.

3. first of all, the councillors and envoys of the prince princes and other princes and estates, on behalf of their masters, then also on their own behalf and personally, have issued such most gracious, written and verbal, order.

3. This is the basis for our time determination, which is confirmed by No. 1344.

416 Section 2: Colloquium at Worms. No. 1321 f. W. xvn. 524-52". 417

They have accepted this greeting with the utmost humility, knowing that when their princes and lords hear of it, it will be most pleasant and pleasing to them. For this reason, they also again express their most sincere and most grateful greetings to Their Imperial Majesty. Maj. with all sensible and most dutiful reverence for all salvation, welfare, and happiness and prosperity of the regiment and all things from the highest God.

4 Afterwards, they were delighted to hear, both from the certification and the letter of authority, that their Imperial Majesty was so concerned about public salvation and especially about the fortification of godliness that they would do everything possible to help your most gracious Majesty to settle this matter amicably. Majesty is so concerned about public salvation, and especially about the fortification of divinity, that they have instructed Your Highly Respectable Majesty to do and administer everything that can contribute to the amicable settlement of this highly important matter. For this reason, they have also deemed it fair that we, also in the name of their princes, should not express all the thanks due to Your Imperial Majesty. Majesty, but at least as much as we can and may, namely the greatest and most sensible thanks. They have also ordered us to express our gratitude to your highly respectable Majesty that she has taken upon herself this so high as godly and honest office for the benefit of godliness and for the benefit of our princes and lords, and thus for the sake of the common good, by which she has united both our princes and lords and the whole of Germany with an everlasting excellent benefit.

5. that, by the way, they indicate how Imperial Majesty wants to be helped. Majesty, with disregard of all other, although important, matters, would like to be heartily helped in this main matter concerning our Christian religion and faith: This has not only been most agreeable to them, but they also wish to inform your most gracious Majesty that they have been delegated here by their Electors, other Princes and Lords, and that they are striving in every conceivable way and means to ensure that the dispute that has arisen and prevailed in Germany for several years is settled by Christian and godly means, and that the truth shines forth and breaks out; and that, after the cause and origin of all disagreements have been removed, a godly peace and harmony be achieved. They admit that such clamor has been stirred up in Germany. And it some peoples of this laudable nation have wanted to advance, that they sizu^ given rise to such mischief. In the meantime, however, Your Gracious Grace will have to be informed that our princes and lords have ordered their councillors and God-pleasers that here the primal

The cause and origin of such epidemics should be investigated in a godly and Christian manner through joint consultation and deliberation, and the most diligent care should be taken when they are found, as then by Her Imperial Majesty's means and most gracious assistance or order. Majesty's means and most gracious assistance or order to help in this matter.

(6) And since all have such an intention, they also hope to testify and declare themselves in this Christian trade that they will easily reject this suspicion of other peoples from themselves and will not let it come to this that the whole blame is passed on to them or their princes and lords.

7 And because in both ways they have the best of the grace of Imperial Majesty promised both in writing and orally. Majesty, and they also expect a great deal of good from your eminent lordship, who has a great reputation and peculiar skill and experience in all things: so they implore that her Imperial Majesty continue in the manner in which she has begun, and that your eminent lordship continue in the same way as she has begun. Maj. will continue in the manner in which she has begun, and that your eminent lordship will engage in trade in the very manner in which she has promised. In which way they hope that the disputes remaining after so much applied effort 1) will finally be united and settled to God's praise, to our holy religion and Christian faith for adornment and establishment, and to the church's long-desired improvement. Her Roman Imperial Majesty will do a work on this. Majesty will do a work that will be considered for a Catholic and rightly German Emperor and Major of the Empire, and your highly respectable magnificence will also do a thing that is entirely in accordance with her custodial office: to which we hereby bestow our best wishes.

1322 The articles proposed to the President of the Convention, concerning the form in which the discussion should take place. November 26, 1540. 2)

See No. 1320. in 6orp. Red, vol. ill, 1176.

Article by the councils to the presidency, the princes, princes and estates to the Christian non-binding conversation ordered councils orally presented.

1st To the first. After an article has been placed in the Haaenau agreement, that the princes and rulers, in the reported agreement to the Christian

1. dissita for dissidia. (Walch.)
2. This time determination results from No. 1344; erroneously appended to No. 1337 by Walch.

418 Cap. 18. of comparative religions. W. xvn, p26-S28. 419

Each of them shall appoint and send one, two or three councillors for such a discussion, but in such a way that the councillors appointed by each Elector and Prince shall have no more than one vote, and that to the same extent the protesters shall also appoint for such a discussion, but so far no part has appointed the number and names of the persons who are to be appointed for the reported discussion, and, as is proper, notified and handed them over: The Councilors appointed to the Presidency have deemed it good that such notification of the number and names of the persons be made by both parties and, as is proper, be delivered to the Mainz Chancellery.

(2) When the Councillors, appointed to the Presidency, recently indicated in their presentation, which they had made to both parties, that after the Roman Royal Majesty had initially been present at this action and had helped to make the farewell at Hagenau, it was not proper to exclude Her Royal Majesty's Ambassadors and Councillors from this action, and the Councillors appointed by the protesting Estates replied that it would not be contrary to them to exclude the Ambassadors and Councillors from this action. However, the councilors appointed by the protesting estates replied that they would not object to admitting the royal councilors to the discussion, but that equality of votes be maintained, and that other princes' and potentates' councilors, who were present or might subsequently come, be invited to attend and be present as listeners, The presidents have considered that the Hagenauian farewell, as it should be kept with order and the number of persons ordered to the discussion, gives certain measures that it should remain fair with the same farewell. And since the Hagenau by-laws also provide that this discussion should be non-binding, and thus the number of persons and voices is set solely so that one is certain of the number of speakers 1) and not that one should make a multiple 2) out of such voices and speeches and conclude in the matter, the councils also leave it at the Hagenau by-laws for the sake of such voices. As far as the Royal Majesty's Ambassadors and Councillors are concerned, the Councillors, appointed to the Presidency, have reported that the Royal Ambassadors and Councillors are to report to the Imperial Commissario and Orator. Commissario and Orator, and represent one person with him; the councilors leave it at that.

3. on the other hand, in the Hagenauische Abschied der Notarien halben, notaries and clerks of both parts are ordered in equal proportions.

1. "Redenden" put by us after No. 1337 instead of: "Reden".
2. "a Mehrers" - a majority.

However, since the number of notaries is not expressed in the reported resolution, and in order to prevent excessiveness in such a case, the councils have provided that two notaries and clerks from each part, and thus in total four notaries and clerks from both parts, are to be ordered and appointed. That these four notaries shall also be charged with a special duty by the appointed presidents to faithfully and diligently write down all acts that come before them, so that they may be properly registered and brought to record*.*

(4) It is further provided that the same notaries and clerks shall not communicate and give out copies, transcripts, or other certificates to anyone (who is not appointed to this conversation) of any act. However, if the Electors, Princes, and Estates' Councillors would ever need copies in this action at any time, the same shall be communicated to them by the Notaries. However, the Councillors shall not communicate or give them to anyone who has not been ordered to attend this meeting, but shall keep them secret until the report to be made to the Imperial Majesty. Majesty is to take place. However, in the event that they would send such an act to their sovereigns, they will admonish their sovereigns and persuade them to keep such an act secret in the same manner until the report, as previously announced. It is also considered necessary by the presidents for this matter that nothing is written about the action of this conversation or published in print until the reported report. For as far as the main matter and the articles of which the discussion is to be held are concerned, it is the discretion of the presidents that the superfluity be cut off in all ways, and that for this reason the protesting estates' councilors put the articles on which they intend to insist in writing and hand them over to the presidents, and put them in such a way that they are Christian, substantial, and of such a nature that a Christian settlement may be held on them.

1323rd response of the protesters to the president's proposed article of the conversation half.

See No. 1320. in 6orx. Rsk., vol. ill, 1178.

Venerable, well-born, honorable, dignified and highly learned, gracious and favorable gentlemen! The princes, also the estates and cities

420 Section 2: Colloquium at Worms, No. 1323, W. xvii. 228-ssi. 421

of the Augsburg Confession and the councillors, envoys and ambassadors of the same religion, who have been brought here by their lords and superiors for themselves and for others of their religious affinity for this Christian day of discussion, have thought best to report the following opinion to Your Grace and favor in response to the written reply submitted. First of all, regarding the number of persons for such a meeting 2c., the reported councilors, envoys and ambassadors know how to remember what the Hagenauian farewell and Imperial Majesty's letter can do for them. Maj.'s letter are capable of and entail. According to the same, they have appeared here, have had themselves heard at the first hearing of their order, and shall not be lacking in naming and ordering the persons where this is required, as they also hand over herewith a list of the persons who, on account of their lords and fellow relatives, have been sent to this Christian discussion; but that the others, sent by this part, are not excluded to listen, because they have the same order; which shall also be left to that part. When the councillors, envoys and ambassadors of this part were asked in their next reply, since other princes and imperial states had come here, or would like to come, to let them also be present as listeners at the Christian discussion; and by articles handed over by Your Grace and in your favor it was reported that the Hagenau agreement, as it should be kept with the order of the number of persons, gives certain measures, and should remain with the same 2c., so the councillors and envoys of this part may not think that this is contrary or inappropriate to the Hagenau agreement. For since this treaty primarily concerns the German nation, and then the estates are to be informed at the future Imperial Diet, it was considered that there should be no hesitation in allowing other estates, as the princes, counts and imperial cities' ambassadors, to be present at such a discussion, not that they should be drawn in by some part, but that they should be present at such a discussion as listeners, and so that they may also report this most important treaty to their lords and sovereigns. That also by the voices in the Hagenauian farewell not to conclude the several, because this trade is not binding 1) 2c., let the

1. "unverbindlich" by us set after the previous number instead of: "unverpünctlich" betWalch, so also later still several times. The 6orp. Rsk. has our reading.

The councilors and envoys have left it at the letter of the same article, as agreed, and are also in agreement with Your Grace and in favor of it. However, the two and twenty votes have all been heard and diligently recorded, so that it may be known how many votes agree or disagree on each article, and subsequently how many votes have been heard by the Imperial Majesty and the Imperial Estates. Majesty and the Imperial Estates at the future Imperial Diet. For the sake of the Royal Majesty, they will leave the article as it is, subject to the next notification and amendment.

On the other hand, concerning the notaries or clerks, they are also satisfied with the proposed number, and that the same are taken into special duty, as one would compare on both sides; however, that substitutes would be admitted to them, that it would also be kept with issuing and copying the copies as indicated; but for the sake of their lords and superiors, they are obliged to write to them submissively and officially, to keep such action secret until the time of the relation. But it is not up to them to bind them or to give them measure. Do not doubt, however, that their sovereign and princely graces and favors will know how to keep themselves within the fee and without reference. Although the councillors, envoys and ambassadors of this part have no misgivings that these things, which are meant and carried out for the glory of God and the expansion of His divine word and a Christian reformation of the churches, also peace and tranquility, are being done in the light, they are not afraid of this, praise be to God: nevertheless, for the sake of their person and the publication, they want to know how to keep to themselves in such a way that no one should have to complain about this with fairness. Finally, concerning the main matter, that the Councillors, Envoys and Ambassadors of this part should hand over the articles on which they intend to insist, and place them in such a way that they are Christian, considerably 2c., they consider such placement of the articles without necessity, because the Hagenauian Treaty and the Imperial Majesty's most gracious wishes have been fulfilled. Majesty's most gracious grant gives measure to this point, namely, to take the Augsburg Confession and Apologia before the hand, to discuss all points and each one in particular in a friendly, Christian, yet non-committal manner, and to use all possible diligence to bring all erroneous points to Christian unity, comparison and right understanding 2c. Accordingly, the councillors, envoys and ambassadors draw and refer to the reported confession and apology, which they also submit herewith, with the request that the councillors and ambassadors of the other country should not be held responsible for any misunderstandings.

422 Cap. 18. of comparative religions. W. xvii,->31-833. 423

The church has asked the people who have deficiencies in one or more articles to listen to them in a friendly manner, and to let themselves be heard with a Christian and proper answer, and to help with the utmost diligence to promote everything that is conducive to Christian unity and settlement by means of the Holy Scriptures, and to the Christian reformation of the churches, as well as to the preservation of peace and tranquility. And have not wished to behave in such a way to Your Grace and favor in response to the articles of official and friendly opinion sent to you.

1324. the protesting other the president given answer about the form of the conversation.

See No. 1320. in Oorp. Vol. Ill, 1181.

Gracious and favorable gentlemen!

The Councillors and Ambassadors of the Augsburg Confession have heard from all sides, in Your Grace's favor, further reports and concerns about several articles, as they were presented yesterday evening. Firstly, concerning the other persons, who have been brought here on account of our most gracious lords and superiors for this day of discussion, and have the same order with those who have been expressed in the list handed over to them, that the same should also be present at such discussion as listeners 2c., And hoped that such should not have had any doubts in Your Grace's and favor's mind, nor should it have been considered inconsistent with Hagenau's farewell, since the same was not taken or cut off in such farewell. For although there is a report of eleven votes of one part, and that one or three councilors may be appointed to each, it is not expressed therein that no more persons, who have been sent with the entire command, and thus belong in one vote, should not also be admitted as listeners, considering that this is more conducive to the cause than detrimental, and also that this should be a Christian, non-binding conversation and trade 2c. However, Your Grace and favor have considered otherwise, and for this purpose, before Hagenau and elsewhere, our most gracious and gracious lords and sovereigns have allowed all kinds of disparity, so that their princely and princely graces and favor may not ever be desired. The councillors, envoys and ambassadors must also allow this to happen, and this must be reported to their gracious and princely graces and favors, so that some unjust deficiency is noted in Christian action, settlement and reformation of the churches.

The report shall be made to the most gracious lords and superiors. And for this reason, the discussion must not be delayed or hindered. On the other hand, for the sake of the votes, the Councillors and Envoys of this part understand the Hagenau Agreement and Your Grace and Favor's opinion to mean that each of the 22 persons speaking shall be allowed to speak. Gn. and Favor's opinion that each of the 22 speaking persons' voices be heard in the conversation in particular, and how many of the same would compare to each article or not, that such be recorded with diligence and differently by the notaries set down, therefore they also leave it at that. Thirdly, as far as the substitutes assigned to the notaries are concerned, the councilors, envoys and ambassadors considered that the same should be at hand without anyone's complaint, so that they could also be used in conversation in case of necessity. However, if there should ever be such a great concern, they also want to leave it at Your Grace's and favor's proposal. But concerning the form of the oath, that the same shall be submitted and delivered beforehand to the councilors, envoys and ambassadors, they accept it with official and friendly thanks; however, with the reservation that they may then let themselves be heard on it in case of their necessity. Fourthly, as far as the names of some other estates are concerned, such list 1) has been rewritten according to their request elsewhere, and do hereby deliver it to Your Grace and favor. 2) Finally, for the sake of the writings, that the same should be written, also in German and Latin, Your Grace and favor know to remember that in a Christian conversation on the Confession and Apologia, by virtue of the Emperor's Majesty's decree, it is necessary to refer to the Confession and Apologia. Majesty's invitation, the councillors and envoys have been prepared and have appeared for this purpose, have offered to do so, and want to have drawn on it. If, however, it should happen that both parties agree to hand over something in writing, in such a case they will know how to keep to the submission of the copies in Latin and German, and otherwise leave it at the previous notices and offers.

1. No. 1325.
2. Here is a nota, as it seems, Ebner's: "Such directory is the persons halben nothing changed, but only in that, where Augsburg and Ulm stood with each other, Ulm is omitted, and where Bremen, Hamburg and Magdeburg were all set, Bremen alone has remained, so that it is a bad change, and in the substance nothing at all. (6orx. Rsk.)

424 Section 2: Colloquium at Worms. No. 1325 f. W. xvn. sss-sss. 425

1325. list of persons ordered to talk on the Protestant side, with request and reservation, as requested and contained in the present writing.

See No. 1320.

Saxony, churfürstlich.

Chancellor.

Melanchthon.

Justus Menius.

Hessian.

Chancellor.

Martinus Bucerus.

Adam of Fulda.

Saxony, Duke Henrichisch.

D. Andreas Camicianus.

Johann Brmtius.

Nicolaus Scheubelein, Lic.

Brandenburg.

Friederich von Knoblochsdorf.

M. Simon Schneeweis.

Kilianus Goldslein, Doctor.

Lüneburgian.

D. Nicolaus Holstein.

John Stormy.

John Calvinus.

Würtemberg.

Balthasar von Gültlingen.

M. Erhardus Schnepf.

D. Balthasar Keuffelein.

Pomeranian.

Nicolaus Glasserus.

D. Jakob Philippi.

Wolfram Weddeln.

Strasbourg.

H. Jakob Sturm.

D. Wolfgang Capito.

Simon Grineus.

Augsburgian.

D. Conrad Heel.

Georg Besserer.

Martinus Frecht.

Nurembergian.

Erasmus Ebner.

D. Wenzeslaus Linck.

Andreas Osiander.

Bremish.

Nicolaus Amsdorf.

Daniel von Buren.

John of Amsterdam.

Recorder.

Doctor Caspar Kreuzinger.

Wolfgangus Musculus.

Cum protestatione: whether more convenient persons from other princes and estates of this part will arrive, then to give others to them in some place. Item, if one becomes ill or burdened with business, that another may be changed in his place. Item, that the remaining persons, who are also here, and who have command and authority with the others, may be listeners.

1326: List of envoys and ambassadors at the Diet of Worms.

Siebe No. 1320. In 6orp. Lek., Vol. III, 1160 and 1217, similar lists are found, the former in Latin, the other in German, partly with very different names.

For Pabst's sake.

Thomas Campegius, Archiepiscopus Veltrensis. N., Magister Palatii. > > N., episcopus Aquilae.

King of France because of. Petrus Paulus Vergerius, Extraordinarii.

Imperial.

Nicolaus Perenottus, Lord of Granvella.

Johannes de Nanes, 1) provost at Merwill.

Gerhardus of Veldrick Heberüs.

N., Theologus Hispanicus.

Robertus Scotus, Theologus Sorbonicus, a born blind man.

Ferdinandian.

Bishop of Seckau.

Fridericus Nausea.

Martinus Kügelin, 2) Doctor Friburgensis.

Johannes Cochleus.

Mainzian.

Mr. Johann von Ehrenberg, Dymdechant 2c.

Mr. Julius Pflug.

D. Conrad Braun.

1. In No. 1310 he is called "Johann von Ravia".
2. In No. 1312: Wings (spheres)". 6orx. Rec: WuMuA and "Kuglm".

426Cap . 18. of Religionsöergleichungen. W. xvn,535-537. 427

D. Jobst Hutfelder.

Mr. Michael Helding, Auxiliary Bishop at Mainz.

Johann Monnsinger, 1) auxiliary bishop at Magdeburg.

Ambrose Pelargus, preacher monk.

D. Jakob Reuter.

Trierian.

Georg, Lord of Elz, Amtmann zur Pfalz.

Johann Enschringen, 2) Chancellor.

Nicolaus Meinreich, D. Theologia.

Cologne.

Count Dietrich von Manderschid.

Bernhard von Hagen, Chancellor.

D. Johann Gröpper.

D. Eberhardus Pillich, 3) Franciscan FriarsPrior.

Palatine.

Friederich von Fleckenstein, Hofmeister.

Heinrich Hass, Chancellor.

M. Heinrich Stall, 4) Preacher and Ordinary at Heidelberg

M. Matthias Kailer, 5) Ordinarius Theologia at Heidelberg.

Bernhart Frainshamer, / Secretärii.

Peter Harer, 6) /

Brandenburg.

Mr. Leonhard Kellner, 7) Licent. and Cathedral Provost at Havelberg.

M. Schieding, former marshal.

Alexander Halesius Scotus, Doctor.

Johann Ludenius, 8) Ecclesiastes zu Frankfurt an der Oder.

Salzburgian.

D. Leonhardus Marstaller, 9) Ordinary at Ingolstadt.

Nicolaus Apel, Prepositus Maspurgensis.

Johannes Wenzler, D., Minister provincialis Ord. Minorum.

1. In No. 1314 and No. 1327: "Mensinger", also Spalatin, Annalen, p. 459.
2. Spalatin, Annalen, p. 458 writes: "Eintzingen".
3. Spalatin 1. o. writes instead of: "Hagen" "Hachen"; instead of "Gröpper" Oroddsrus; instead of: "Pillich" "Bellicken".
4. Spalatin: "Stoll" and "Hesse".
5. Spalatin 1. o.: "fence".
6. Spalatin: "Harrach.
7. Spalatin: "Keller" and "Scheiding".
8. Spalatin: "Ludicken.
9. Spalatin: "Marsteller" and "Appel, Prediger zu MoSpurg".

Strasbourg.

Lord Johann, Count of Eisenberg.

Jobst von Seebach.

D. Christoph Wollsinger. 10)

Johann Armbruster, Lic. Theologia.

Bavarian.

N. Seubelsdorfer, provost at Munich.

D. Johann Eck, Theologus.

Matthias Kretz, dean of Munich.

Jülich.

Johann von Flatten, 11) Provost, Scholaster at Ach. Conradus Herzbach.

Albertus Künig, Doctor Theologiä.

Saxon churfürstlich.

Mr. Hanns von Dölzk, Knight.

Franciscus Burkart, Chancellor.

D. Kilian Goldstein.

Philip Melanchthon.

D. Caspar Kreuzinger.

Justus Menius.

Saxon, Duke Heinrichian.

D. Andreas Camicianus.

Nicolaus Scheubel, Licent.

Margrave George's and Alberti's envoys:

Friedrich von Knoblochsdorf, Johann Rierer, 12) / Predicanten M. Simon Schneeweis, / praorcanren.

Lüneburgian.

D. Nicolaus Holstein.

Würtemberg.

Balthasar von Gültlingen.

D. Philipp Lanng.

Erhart Schnepf.

D. Balthasar N.

Pomeranian.

Wolf von Weddeln, ) lawyers D. Jacobus Philippi, /

Nicolaus Glasserus, Theologus.

Hessian.

Johann Feucht, Chancellor.

Hermann Schleier.

Alexander of the Dhann. 13)

10. Spalatin: "Welsinger.
11. Spalatin: "Platen", "Heresbachius" and "König".
12. Oorp. Lei.: k'Iursr.
13. Spalatin: "Thann.

428. Section 2: Colloquium at Worms. No. 1326 f. W. xvn. 537-539. 429

Adam von Fuld.

Gerardus Noriomagus. 1) Johannes Pistorius.

Strasbourg, city.

Jakob Sturm.

Mathis Pfarrer Senator. D. Wolfgang Capito.

Martin Buzer.

John Calvinus.

John Stormy.

Simon Grineus.

Augsburgian.

Matthias Langemantel.

Jakob Herprot. D. Conrad Heel. Wolfgang Meuslein. Mempergian Prepos.

Franksurtic.

Oppier of Mühlheim.

Costnitz.

Joachim N., General Counsel.

Ulmish.

Georg Besserer.

Martin Weitman. 2)

Martin Frecht, Preacher.

Hall.

Johann Brenz, preacher.

Bremen.

Daniel von Büren.

John of Amsterdam, preacher.

Hamburg.

Martinus Webel, Syndicus.

Magdeburg.

Nicolaus Amsdorf, preacher.

1327 Directory of the Papal Estates, ordered to the discussion session.

See No. 1320.

List of persons who have been ordered to talk by the Catholic side.

Mainzian churfürstliche.

Mr. Michael Helding, Auxiliary Bishop at Mainz.

Ambrose Pelargus, D. Theologia, Order of Preachers.

1. In No. 1312: "Noviomagus", also in Spalatin.
2. In No. 1312: "Weickmann," also in Spalatin.

Trier churfürstliche.

Johann von Enschringen, D., Chancellor. Georg, Lord of Elz, Amtmann > zur Pfalz. Nicolaus Meinreich, D. Theologia.

Kölnische churfürstliche.

Bernhard von Hagen, Chancellor.

Eberhard Billigk, D. and Prior Carmelite Order.

Palatine churfürstliche.

Magister Heinrich Stoll, 3) Preacher to the Holy Spirit,

Magister Matthias Kailer, both ordinaries at Heidelberg.

Brandenburg churfürstliche.

Leonhardus Keller, 4) Lic., cathedral provost at Havelberg.

Alexander Alesius Scotus, Doctor.

Mr. Johann Ludenius, Ecclesiastes at Frankfurt on the Oder.

Archbishop of Magdeburg.

Johann Mensinger, D., Suffraganeus at Halberstadt.

Conradus Micosus, teacher at the Preacher's Monastery in Mainz.

Archbishop's at Salzburg.

Leonhardus Marstaller, D., Ordinarius at Ingolstadt.

Nicolaus Appel, D., Predicator Maspurgensis.

Johannes Wenzler, D., Minister provincialis Ordinis Minorum.

Episcopal at Strasbourg.

Johann Armbruster, Theologiä Lic.

Duchy of Wilhelm in Bavaria.

Johann Eccius, D., Protonotarius 2c.

Duke Ludwig of Bavaria.

Matthias Krezius, dean of Munich.

Jülich.

Johann von Flatten, Provost, Scholaster at Ach. Conradus Herzpachius, > Doctor.

Albertus Künig, D. Theologiä.

3. In No.1326: Stable.
4. In No.1326: Waiter.

430 Cap. 18. of comparative religions. W. xvu, 539-541. 431

1328 Speech delivered by the Papal Nuncio Campegius at the Assembly of Estates on December 8, 1540.

This and the following writing is also found in Röder 1. 6. p. L2. Also in the writing of Cochlaeus, whose title Walch gives thus: äs sollocsuio ^Vormatisnsi brsus ^postolisum 8.1). X. knuli papas III. sxliortatio R. D. Ldomas OämpSMi, spissopi I'sltrsusis, sataioFUk oratorum st tlisolo^orum, Hui aä sollo<zuiuln missi kusrnnt MOXOI. LIoAUntias nä äiuurn Vistorsrn sxsnäskat l'ruuoissus llsdsm. Octav. In 6orp. LsL., vol. ill,' 1193.

Translated into German by A. Aug. Tittel.

1. The Lord and Saviour JEsus Christ, high-born Lord, worthy, magnifici, and noble lords, honorable brethren and superiors, the Lord, I say, and Saviour JEsus Christ, who out of infinite love toward us became man, when he prayed to the Father Almighty, prayed not only for those who believed, but also for those who would believe, that they all might become one, as he in the Father and the Father in him; And called this a new commandment, which he gave unto his disciples, that they should love one another, that by this every man might know that they were his disciples; and enjoined them nothing so sharp and so often as love and good will one to another. For Paul, the chosen vessel, taught us to have love above all things as the bond of perfection, and to love our neighbor as ourselves, because thereby the whole law would be fulfilled; and that those in whom love did not prevail would fall into vain babblings, and as a tinkling bell would be unfit for all good works.

If we, dear lords and brethren, had remembered this commandment, there would certainly not have arisen so much strife and contention among us. Of which it may well be said that at first it sprang from some impulse of love, but now it has come to such a pass that we have abandoned love and harmony among ourselves, and have broken out into open enmity and bitter strife. Soon after, horrible wars that have arisen and terrible defeats, as well as the divisions of Christian minds, have so ravaged this noble land that I can hardly see that it is still as I saw it twenty years ago. Some popes have done everything to control this evil, but they have not been able, on any occasion, with any pleading, with any legation sent to the imperial diets in Germany, to bring about a settlement of these religious disputes. Even Pope Paul the Third, who had established a free Christian concilium after

He did not fare any better, since they had been there for two months and few had arrived. Since they had been there for two months and few had arrived, he had to postpone the concilium to another time and place, but with the intention that he would hold it in the presence of Her Imperial Majesty. Majesty. Quite recently, however, the most invincible Emperor Carl the Fifth ordered this Christian discussion (or meeting) as a forerunner, after which he also announced the Regensburg Diet that a quite proven means would be invented against this old plague and that it would be taken away. This, as the present Roman Church's firstborn and obedient son, and thus its protector and bailiff, desires from the bottom of my heart that this noble country recognize its dear mother (the Church) in peace, and has demanded, as also the highest bishop has ordered me, that I be here with you, and exhort to that which could bring peace and tranquility, as I have always been and will continue to be especially devoted to you all with love and goodwill.

(3) Therefore, dearest lords and brethren, I think that you already know what a great matter you have before you, and how the most important things depend on your deliberation. Therefore I exhort you and ask you brotherly, by the eternal blessedness, which we will attain through the reconciliation of our Lord Jesus Christ after this mortal and miserable life, that you take care of what serves for union and peace, as it is due to such wise men, who are chosen with diligence. I, in turn, promise all the diligence, effort, zeal and care on the part of the pope that can be expected from him for the sake of church harmony, without detriment to godliness (or religion). Therefore, make every effort to administer the office and work entrusted to you in such a way, keeping God before your eyes, that everyone may know that you are aware of the communion of the holy Church and of the general peace and tranquility. May the God of wisdom and goodness govern your steps, so that you may unanimously praise with one mouth the common Father of our Lord Jesus Christ, and may the peace of Christ, which is higher than all reason, keep your hearts and minds, amen.

1329: The Chancellor of Mainz, D. Jakob Reuter, response to Campegiu's speech.

See the previous number. In Oorp. Dsk., vol. ill, 1195. verdeutscht.

Most Reverend Sir! The highly respectable and most honored person of Her Sacred Imperial Majesty, the Holy Roman Emperor. Maj.

432 Section 2: Colloquium at Worms. No. 1329 f. W. xvii, S4i-S44. 433

The electors and commissioners, as well as the worthy, strict, noble, distinguished and excellent councillors of the electors and other princes present here, have listened to your most reverend glory's skillful and emphatic, also godly and Christian speech, and with much pleasure, for the reason that they have been admonished to observe their duty well. They then promise again, and will show themselves in such a way, that one can see how they primarily sought God's honor, and then everything that can serve Christian peace and tranquility, and will not fail to recognize that they have done everything they were obliged to do.

133V. The answer to the papal envoy at the meeting in Worms in 1540, which Melanchthon drew up but did not recite because the presidents of the colloquium would not admit to reciting or reading it in public.

This writing is found in Pezel's oo "M. Nelaneü., p. 423; in Melanchthon's epict. according to Peucer's edition, lib. I, x. 173; in Röder, ckk eollo^u. IVormatisQsi, x. 83 and in the Oorx. Rsk, vol. ill, 1195.

Translated from Latin by M. Aug. Tittel.

The day is approaching in which the story of the birth of the Son of God, our Savior, will be celebrated; in which, as he comes into the light of this world, the angels will sing a hymn of praise, praising the benefits of the birth of Christ, which will reveal the glory of God, make peace on earth, and shower the people with eternal joy. The angels sing to him to remind us, and especially the rulers, of their duty. They join such a choir when they sing to the glory of God, that is, when they promote the true doctrine, give peace to the church, and keep good discipline and order among people, but not when they suppress the truth, commit cruelty against the churches and make everything desolate.

2 Such a companion of the heavenly hosts was Theodosius, Constantinus and other pious princes, since they spread the heavenly doctrine of true worship and abolished the cruel orders of godless princes and destroyed the churches. Therefore, even the most invincible Emperor Carl is to be praised for scheduling this meeting so that the truth might be revealed and peace established. We therefore thank

both to him and to his envoy, and humbly ask that he arrange things so that the truth will come to light and God's glory will be praised. In this way, harmony will also come about happily.

We have now heard the papal legate's speech, in which there was a mean admonition, but still a few jabs at us. And although we know that this kind of answer is annoying, we feel the need to apologize for it, so that we do not seem to have to put up with such accusations. Which we want to do with modesty and recently.

4. it is a great crime to run away (or fall away) from the church; even worse, to cause a riot in the church and bring false teachings to the people. So I want to say something of both.

(5) We are not so ignorant that we are not aware of the judgment of the authorities on these disputes, nor are we so devoid of common sense that we alone do not see our danger, or so iron-hearted that we do not take to heart our distress, which we suffer in many great ways. What could be more desirable to us than to be freed from all danger and hardship, especially now that we have endured so many years of misery, to finally enjoy peace? But this thing in which we are stuck, we cannot give up without the most horrible sin. That is why we have always asked for a proper judgment or interrogation, so that both the church would be helped and we would be freed from the danger.

(6) We also know that it is good to hear (or to hear with pleasure) talk of civil tranquility, of peace, to abhor sedition, and to rebuke obstinacy. We know that for these reasons many things are said against us that have an appearance. And bad minds are immediately frightened by such accusations. But we must see who is to blame.

7. we are not defectors or apostates from the church. We have not torn ourselves away from the congregation of the church. For those who keep and obey the true doctrine of the gospel remain members of Christ, even if they push the popes out of their fold. Jeremiah therefore did not fall away from the church, even if the priests pushed him out of their company. Christ proclaims that the pious will be cast out of the synagogues (houses of learning), and says: one should not let such violence make him despondent. This discord arose out of the punishment of the disgraceful

434 Cap. 18. of comparative religions. W.xvn.s4t-s4s. 435

lich indulgence stuff. That's why the pope and his followers (or rotten) got together. One has flashed the ban beam. But should we be called away from the church because of such unjust orders?

8 I come to the other accusation. Then we are rightly expelled if our teaching departs from the Gospel or is contrary to it. So we constantly say that the very doctrine we profess agrees perfectly with that of the Catholic Church of Christ, according to the prophetic and apostolic writings, and the whole first and ancient Church, also ancient conciliar and pure (or wise) scribes. But this we cannot do, that we reject some superstitions and opinions which dispute with the Gospel, which crept into the Church a little before these times. And we do not allow ourselves to be deterred by those wise judgments which pretend that, just as in friendship one must overlook some of the faults of friends, so also in the church one must not take everything so exactly. Such teachings and sayings are good in their place, but do not apply everywhere. One must stick to Paul's rule: "If anyone preaches another gospel, let him be accursed." One must not approve of errors in doctrine and worship. But who is he who still loves only a little religion, whom the thing itself does not force to confess that much superstition has broken into the church? What a torture of pious souls the traditions or orally handed down (unwritten) teachings, as they are called, have been for so long! What noise has often arisen over them! What vanity and darkness is in the quarrelsome school theology! Were not sensible teachers long before such times longing for another kind of teaching? What sin is under the invocation of the dead! That the monasteries are in need of improvement, no one will deny. Do you not think that God is offended by the terrible abuse and desecration of the Lord's Supper, used entirely for profit?

9 But I will not tell everything. The prophecies concerning this age of the church are known, in which superstition and avarice would lead to a multitude of false services, and tyranny and ambition would gain the upper hand.

(10) Since it cannot be denied that there are many great pestilences and infirmities in the church, why are the authorities angry with those who, out of good zeal, desire better things and denounce many? God has given dominion to the mighty, but he also wants that his

He wants him to reign as well. And godly teachers cannot always avoid the hatred of the mighty. 1) However, they must see to it that they teach what is true, right and necessary for the church. God will be a witness that some of our people do this, and we have always shown that we will not shy away from any right judgment of the church, nor will we shy away from it. But it is wrong to raise only what can be said against us, and to cover up the other part's vices. And almost as in the fable the wolf complains that his water is clouded by the sheep drinking below, so the adversaries always go after us and forget their vices, since they know that we always ask for peace and quiet, both because of the common good and our own need. But since no proper interrogation has been carried out so far, many a good doctrine that is necessary for the church is suppressed, erroneous customs are confirmed, priests are killed and churches are devastated; they may also recognize this as something that needs to be corrected, and not always come after us.

(11) We do not want to defend our errors and infirmities, but gladly correct them ourselves in this discussion, if we have been reminded of them, and if we can be taught and convinced that we have erred somewhere as human beings. We, at least, have never wanted to deviate from the Church of Christ, although it is true that we do not approve of some unjust papal conclusions (laws). And since the Pope himself has shown himself to be an enemy of our churches, we cannot make him a judge, nor give his legates authority to govern this discussion, or to preside in other such conciliarities (or spiritual meetings), although otherwise we would gladly let everyone be present. And God wanted all righteous people everywhere to hear our declaration.

I have so far excused the teachers and churches and our way of teaching, which contains our confession. Of the princes and cities it is easy to answer. If they are blamed for cherishing priests and godly doctrine, what does that mean but to blame a duty of godliness, of which Christ will say one day in that day: "I have been hungry, and you" 2c. What else should the authorities do? Murder and kill priests? Drive away their chaste and modest wives and little children? Alas! surely, since all severity and fury are to be abhorred, much more are those to be reproached who against priests, honorable and chaste women and little children.

1. otio parosre, I read ockio. (Walch.)

436 Section 2: Colloquium at Worms. No. 1330ff. W.xvii.ö4s-s4s. 437

women and children. And we have never been interrogated properly. Therefore it is not to be blamed on our authorities that they do not want to be cruel to the priests. The regiments are to be especially praised in this respect, if they shelter and exempt the godly doctrine.

(13) This is what we recently wanted to say, to reject that which is blamed on us. We humbly ask all righteous people to make do with this excuse, which we would have preferred to omit if we had considered it unnecessary, and we ask once again to be mindful of right means against common discord. We also promise that we shall not lack the will and good proposals to promote harmony.

1331 The oath of notaries and their substitutes.

The documents from No. 1331 to 1335 can be found in Röder, äs eolloou. V7orwat., p. 85 ff. This number is found in the Oorx. Lei, vol. ill, 1200.

The Notary's Oath.

The notaries shall swear that they shall faithfully write down, record and register all and every act, which is brought forward orally or in writing in open presidency in the matter of this Christian conversation, and what is thus written down, recorded and registered by them, shall not do thereof or thereto, nor disclose such act to anyone or give out any copy or other appearance, They shall also keep their books and records, so that no stranger who has not been ordered to attend this meeting may come upon them, but as soon as the substitutes have made the copies, they shall take them together with the acts back into their hands and hand over the copies to the places to which they belong and keep the originals. And when such discussion is completed, the reported acts and what has been done in these matters shall be collated with each other, and each shall subscribe to the other's acts, so that such acts and actions may be performed by them, if necessity so requires and Imperial Majesty so requires. Maj. would require of them, and as would be due to them, may be executed; but that each part's notaries retain an original, for the benefit of the same parts and things.

The Substitute Oath.

The substitutes shall swear that they will faithfully write out all acts of this conversation, as ordered to them by the notaries, together with

They shall hand over the acts to their notaries, keep the acts and copies faithfully as long as they have them in their hands, and not let them come into anyone else's hands or be seen by anyone else, but as soon as they use such acts according to the notaries' order, they shall immediately send them again together with the copies to the notaries and not hand them over to anyone else; they shall also keep secret with them what they learn in these matters and not disclose them to anyone either in writing or orally, except to their superiors; everything faithfully and safely.

1332: The Augsburg Confession and its religious relatives' notaries ordered for the Christian conversation;

See No. 1331 in the Oorxi. Lei, vol. ill, 1202.

Kaspar Kreuzinger, Doctor.

Wolfgang Musculus.

Substitutes.

Joachim Goler, secretary at Costnitz.

Martinus Webel, Hamburg Secretarius.

With reservation and condition, if someone of the notaries and substitutes mentioned is demanded by their lords and superiors, or is so burdened with weakness and marital problems that he could not wait for this action, that in his place another may be appointed and ordered who is more suitable for this purpose. Also, that the substitutes, while they are like other envoys with orders from here, would not be tricked or endangered when they have to report to their lords and superiors from time to time, as much as is necessary.

1333 Response of the Protestants concerning the oath of the notaries and their substitutes. Around Dec. 9, 1540.

See No. 1331 in the pre-p. Lek., vol. ill, 1202.

Venerable, noble, benevolent, honorable, worthy, highly learned, gracious and favorable gentlemen!

Your Grace and favorable notice of the previous day, concerning some minor and yet necessary changes and additions in the delivered notation and form of the notaries and substitutes' oaths, the councillors, envoys and ambassadors of the Augsburg Confession and of the same religious relatives have been informed by the deputies of the Augsburg Council of the Augsburg Confession and of the Augsburg Confession of the Augsburg Confession of the Augsburg Confession of the Augsburg Confession of the Augsburg Confession of the Augsburg Confession.

438 Cap. 18. of comparative religions. W. xvn. 548-ssi. 439

The same is true for the other parts of the discussion, which have been reported to the committee, and do not know how to behave on this in your honor and good opinion: Firstly, as much as the change of the following words: "excluding those belonging to this conversation", that this has been considered only because of a clearer and more pure understanding of the same point, namely that no one would be understood by the notaries to disclose this transaction, also to send copies of the act, outside those belonging to the conversation. For this reason, it was considered clearer and more precise to set the same limitation words afterwards. However, so that Your Grace and favor would not consider it as if one wanted to seek delay in unnecessary matters, as such is not the will and opinion of this part, but rather that they are highly inclined to promote the main matters of the Christian conversation above: so one is also satisfied that such words remain as they were first set by Your Grace and favor. But that nevertheless no other understanding is given to them than as reported above, and so that those who are ordered to the conversation may be given a notarial report of the above action by the notaries and copies of the same may be sent to them at their request. On the other hand, concerning the annex to the oath reported in the resolution of this part, that each part's notaries may keep an original, for the benefit of the same part and things, the councilors, ambassadors and envoys have heard, reported above, that by your grace and in your favor, also the imperial orator, the things have been moved to that point. Orator, things have been moved to such an extent that the Emperor's Majesty is to be granted all such acts and documents. Majesty all such acts and deeds and that Her Majesty's relation to them be due. Therefore such an appendix, as considered good by this part, could not take place. For each party, if it needs the originals, must seek them from the Emperor. Majesty and obtain it there. The Councillors and Envoys then give the following report and answer: that the two Notaries are entitled to this part and are to be their Notaries or Exceptores, as such was granted to them at Hagenau and by the Imperial Majesty. Majesty's gracious granting. That now for the report of the trade to be presented at the future Imperial Diet to the Imperial Majesty and all the Estates of the Holy Roman Empire. Majesty and all the estates of the empire for the sake of such Christian discussion and action. Majesty with one or two originals: the Councillors and Ambassadors, as reported above, mean this to be good and proper. For they would have liked nothing better than that His Imperial Majesty should have this important matter. Majesty of this important trade of religion.

I would like to have a thorough and accurate report, in the sincere and undoubted hope that Her Imperial Majesty will find things much different than they are perhaps reported by some of the repugnants of this Christian religion. Majesty will find things much different than they are perhaps reported by some repugnants of this Christian religion. That is why they have been asked many times for an interrogation of these Christian matters, and have not yet seen anything better than that this Christian conversation, the content of which is the most gracious will of the Emperor. Majesty's most gracious permission and attribution, be carried out in the most beneficial way. But that for this reason all originals should be given to this act, and not to keep one for each part at least for his need with their appointed notaries, such would be considered almost burdensome for their consideration. For since four Notaries are to be appointed, the Emperor's Majesty could choose from two originals. Majesty could obtain a sufficient report from two originals of the entire transaction; besides that, as many credible copies as one would like to have could be made, and, if necessary, more notaries could be set down, so that each party would have at least one original to use in case of need. And since this is customary and usual even in minor matters, Your Grace and favor the councilors, envoys and ambassadors will not blame them for making this appendix for the sake of their most gracious and gracious lords and superiors' necessity, as they again deem necessary. For things might happen in such a way that it would be the highest necessity of this part to have such originals at hand and to use them. Thus, one has to remember what happened halfway through the action in Augsburg, where some private records wanted to be held pro authenticis, which was nevertheless much different in reason. Therefore, one does not know how to forgive this part of the originals of such forthcoming actions and conversations. For since by God's grace the matters here come to an amicable Christian settlement, it would have its. Measure. But if not, and the matters remain pending in one or more articles, it will be necessary for each party to keep the originals, so that they may be seen and learned from at any time of need, and that they may be kept in safekeeping by each party for eternal remembrance. Thus, it is also undoubtedly known to Your Grace and favor that this part of Hagenau has requested and asked for the notaries to be replaced and decreed, which was considered at that time due to the above-mentioned and other causes, and which was also subsequently submitted by the same part to the Imperial Majesty. Majesty's most gracious permission.

440 Section 2: Colloquium at Worms. No. 1333. w. xvn, ssi-553. 441

and tender, has been granted and permitted to them. And since the two notaries, belonging to this part, have been appointed and decreed by them, and since our most gracious and gracious lords and superiors are very much interested in this trade, and since this matter of the disputed religion affects their honor and happiness, body, goods, and the salvation and bliss of their souls, we, the councilors and envoys, once again ask that Your Grace and favor let it remain at this necessary addition, and that they be relieved of the original documents. Gn. and favor let it remain with such their necessary addition, and favorably spare them this complaint that they are to be deprived of the originals. Thirdly, concerning the oath of the substitutes, the Councillors and Envoys note that their Grace and Grace have misgivings about the appendix, that the two Secretaries at Costnitz and Hamburg, as appointed substitutes, would like to report to their Lords and Superiors, with the indication that such would not be due to them as substitutes, even if it were considered that the same would not be due to them among the Estates appointed for the discussion. Now that the Emperor's Majesty Majesty our most gracious and gracious Lords, the Electors of Saxony 2c. and the Landgraves of Hesse 2c, together with their religious relatives, were described in this Christian amicable conference, and then Costnitz and Hamburg were required and ordered by their 1) churonic and princely graces, in addition to several others, to serve as a committee, and their secretaries were appointed, who were indicated as substitutes by the councillors and envoys: It would be advisable not only for them, the secretaries, but also for the councillors and envoys, since this should be the understanding, to go there and to grant that the same report of this trade, as much as necessary, should be brought and kept. Since these estates all stand as one man in the matter of religion, they have also been requested by the Emperor's Majesty. Therefore, they are also best appointed as substitutes for the conversation of the councilors and envoys. For this reason, it is once again requested that Your Grace and favor let it remain with such an appendix, which was therefore set in the oath. Since, however, for the sake of the said two Secretaries, there should ever be any misgivings that cannot be considered, the Councillors and Envoys of this part must put it there and appoint other substitutes, so that the said two Secretaries, if they act as substitutes, may be able to talk to each other.

1. "their" put by us instead of: "them".

The people who use the same methods would not forgive and entrap those who would otherwise be free and at liberty to do so. For although they have been delivered here by their lords and superiors, even though they are not included among the estates and persons designated for discussion, the councillors and envoys appointed for discussion, since this matter concerns the Christian religion and all estates related to it, which all estates, as has often been reported, have reserved for them by the Emperor's Majesty, are to be treated as a matter of public policy. Maj. have reserved to them the right to report the matter to the same, as well as to other fellow envoys, with due reminder not to publicize the same otherwise, as it has been heard before against Your Grace and in your favor. For their opinion is not to make this transaction public at this time, but only not to withhold a necessary report from those who are involved in the matter; which they could not do with any justification, except in a matter that concerns them all. For although some princes, princes and estates have their councillors and envoys in place here, the same are ordered like a committee of their own and all other relatives, partly involved in the protestation, partly not involved, and yet related to the Christian confession and religion, to which 2) they also know nothing to do or behave to their disadvantage. Thus it might well happen that those who are appointed to talk would have to act with the advice and concern of the other fellow delegates. We therefore ask once again that Your Grace and Grace's and in their favor want to "consider favorably and kindly" both points, namely the originals, and that the other religious relatives are not obstructed in their report, and therefore, for the other reasons mentioned, direct and promote things to fairness according to their request, considering that reported councilors and envoys of this part (without speaking of glory) have arrived here with the first one, and have been here until six weeks ago, 3) and through their manifold requests, reminders and suggestions, may not yet come to the beginning of the above Christian discussion, regardless of the fact that they have previously conceded and tolerated much inequality, of which they are justified in complaining, so that it may ever be noted that in their most gracious, gracious lords and superiors, also to them, the councilors, ambassadors and envoys of this part, there is no lack, also once again in all that which is proper for them to do, not willingly anything.

2. Jm Oorp. Ret.: "denn" instead of: "denen".
3. This is our approximate time, since the colloquium was scheduled for October 28.

442 Cap, 18. of comparative religions. W. xvn. ss-r-sss. 443

wanted to have them killed. And would not have wanted to behave in such a way to Your Grace and in favor of the official and good opinion on the report that has been made.

1334 Response of the Presidents concerning the oath of notaries and their substitutes.

See No. 1331. in 6orx. Lek., vol. ill, 1219.

Answer from the Imperial Commissars and Orators Commissarien and Orator, the protesting committees from the same verbal and written

Display given.

To the first. As far as the oath form of the Notaries is concerned, the Imperial Commissioner and Orator, also the Presidents, again leave it at that. As far as the form of oath of the notaries is concerned, the Imperial Commissary and Orator, as well as the Presidents, would again remain with the same, as it was initially understood and delivered to both parties in the same copy, and with the understanding that the words of the same form would bring. On the other hand, concerning the originals, it would have been a matter of concern to the emperor and the presidents. Commissarii and the presidents concern again that the notaries of both parts therefore actually write down, record and register all actions, also collate their protocolla and books against each other. 2c. that the Emperor's Majesty is to be granted certain powers at the future Imperial Diet. Maj. at the future Imperial Diet certain, correct and constant relations shall be made, and also that Her Imperial Majesty shall be provided with such original documents upon request. Majesty, upon request, such originals may be delivered, as the form of the notary's oath would bring. In this respect, the Presidents of the Imperial Majesty know not to prescribe any measure. Majesty neither to prescribe nor to give any measure. But nevertheless, the estates, ordered for this discussion, are meanwhile provided with copies of all and every act, and then the originals are deposited with the notary public until Imperial Majesty's request. Majesty's request shall be kept with the notaries. They and the other party would also be at liberty to apply to the Imperial Majesty for such originals. Majesty for such originals, and the Councillors, appointed to the Presidency, did not doubt at all that Her Imperial Majesty would rely on such a request. Majesty will graciously and duly respond to such request. Thirdly, the substitutes for the Imperial Commissarius and the Presidents are again a matter of concern: since the Hagenau Agreement gives a certain measure in the appointment of the members and number of them, and since eleven members have been appointed to the other part, and since the appointment of the number of members and persons is to be kept equally, the Imperial Commissarius and the Presidents leave it at that. The imperial commissioner and the presidents shall leave it at that and their previous concern about the oath form of the substitutes.

1335 The Protestants requested explanation of the next presidential response.

16 Dec. 1540. 1)

See No. 1331. in 6orx. Ret., Vol. Ill, 1220.

Gracious and favorable gentlemen!

When E. G. and Gunsten the day before had the Mainz and Strasbourg deputies report to the Committee of Councillors, Envoys and Ambassadors of the Augsburg Confession their and the Imperial Commissaries' final opinion on the points raised in the Notaries' and Substitutes' oaths these days, the Councillors and Envoys, together with the contents of the oaths, have been informed. The councillors and ambassadors have been informed of this, together with the contents of the written record, which was also sent to them by His Grace and Benefactor. As far as the originals are concerned, the councilors and envoys had hoped that at least one of them would have remained with their lords and superiors, or their notaries, without any misgivings, and that they would not have made any deductions from it against Your Grace and favor. For although this treaty and conversation is non-binding, and for this reason it is to be said that the original documents are not necessary for our most gracious lords and sovereigns, it does not follow from this, at the discretion of the councils and envoys, that this treaty and conversation is to be a preparation for the future Imperial Diet, whereupon Imperial Majesty, Electors of the Holy Roman Empire, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, and the Holy Roman Emperor. Majesty, Princes, Princes and Estates of the Empire, and to bring the matters of the disputed religion to due discussion by way of a Christian concilii, or otherwise Christian settlement. Therefore, it is necessary for our most gracious lords and superiors to have an actual report of what has been done here, which cannot be more certain and correct than the originals, which they should not refuse or withhold in these most important matters, as if they were unnecessary to them. The like, although the Imperial Majesty has graciously accepted this conversation. Majesty has graciously granted and permitted this conversation, and Her Imperial Majesty is concerned. Majesty, it also concerns no less our most gracious lords and sovereigns, who have a great deal of interest in this transaction, as can easily be judged in your favor and was previously indicated. Thus, in the opinion of the Councillors and Envoys, it was the intention of the Hagenau Departure that the Notaries not only for the sake of the Imperial Majesty's and the Supreme Highness's satisfaction, but also for the sake of the Imperial Majesty's and the Supreme Highness's satisfaction. Majesty and

1. From Ebner's account in Räder (8 32) it follows that this writing was handed over on December 16.

444 Section 2: Colloquium at Worms. Nö.1335f. W. xvn, sss-M8. 445

The Councilors, Councillors, Envoys and Ambassadors of this part, who were at Hagenau, have requested or asked for the following: namely, that both parts of the Council and the Ambassadors of this part, who were at Hagenau, should be replaced by the same number of Notaries. For the councillors, envoys and ambassadors of this part, who were at the meeting in Hagenau, have requested or asked for the notaries to be replaced in the following manner: namely, that scribes and notaries be appointed from both parts in equal numbers for such Christian discussions, and that the action be most diligently recorded and edited in the acts, so that they may therefore be seen and recovered at any time. On which opinion and request of this part in the passed parting with these words the notaries were admitted: Namely, and at the request of the protesters, to add the word Apologia to the words: "of the Augsburg Confession", the same being admitted to the scribes and notaries in equal numbers, because the necessity of the matter requires it. From this it appears clear that no opinion, except as reported, the clerks and notaries were requested and admitted to the above Christian discussion. For this reason, it is doubtful that there should be any objection or refusal on the grounds of this article; as we still hope that this will not be refused by Your Lordship and in your favor. We also hereby ask and request the same again in an official and friendly manner, considering that this is in accordance with all rights and fairness. However, in the event that such a request is not received by Your Grace and favor, it is to be hoped that it will not be: so that Your Grace and favor may feel and note that, for the sake of the councilors and envoys, there appears to be no lack of everything that is useful and responsible for them to do, to carry out this Christian conversation in the most beneficial way, and that they, out of Your Grace's written request, will be able to do so. Gn. and in favor of the written and oral notification that has been made, that copies of all and every action are to be communicated to them by the Notaries: they must also have it done in such a way that from the Imperial Majesty the original copies are requested. Majesty, for the purpose of reporting the matters to Her the King's Majesty and the Princes, Princes and Estates at the future Imperial Diet, as well as to our most gracious Lords and Superiors, is necessary, in which case it is also unobjectionable, and that E. G. and in favor of such points, "to provide the deputies with all and especially credible copies at their request for the discussion of all and every action", also have them put in the notary's oath, so that no misunderstanding may arise in the future for this reason, and that the No.

The two secretaries at Costnitz and Hamburg, as the substitutes indicated, are obliged to send the copies to the deputies for discussion, as reported. As for the two Secretaries at Costnitz and Hamburg, as the specified substitutes, so that they are not further entangled than is due to their duty to their lords and superiors, the Councillors and Envoys appoint and specify two others, namely Craften Rauh and Johann Spitzenberger, with the reservation, as stated in the next reply, that 1) the Councillors, Envoys and Ambassadors, their lords, superiors, co-envoys and ambassadors, are obliged to meet in person, They are requested to present the two notaries named together with the substitutes without delay, so that the oath may be taken by them, and the act of Christian conversation of which they have long been eager and which they also suggested afterwards 2) may proceed without longer delay in the name of the Almighty. And ask Your Grace and favor not to blame them in all this as the servants and commanders, and not to weigh them down against their having commanded.

1336. conversation held with Granvella about the oath of the notaries and their substitutes. December 13, 1540.

This document is found in Röder I. 0. p. 93 and in Oorx. Lei, vol. ill, 1207.

Translated from Latin by M. A. Tittel.

On Monday, December 13, we presented a Latin document to Mr. Granvella to request that of the four main documents (originals) that the four notaries wrote down, one would remain with each part, but two would be given to the Emperor. After that, that the Costnitz and Hamburg secretaries would be free to sign over what is going on here to their masters, by whom they were sent here, if they considered something necessary.

2. he answered to the first: because the parties were not held (or bound) to this conversation, it was also not necessary that the parties had the Acta (or history) in their hands.

1. In the Oorx. Lek. "they" instead of "themselves".
2. The bracketed words are Conjectur of the 6orp. Lek. instead of: "begiren gewesen und nach angeregt", which Walch has omitted.

446 Cap. 18. of comparative religions. W. xvn, ss8-seo. 447

would have. Afterwards, they would also be brought to light by us and printed, which would cause many annoyances. For the previous examples frightened (or joked) the other part, since much had been printed that would have been better left buried. There would also have been many books issued, which, if they had not gone out, it would all be better that we did not need to be here. Therefore, it would be better if such copies or writings were only with Her Imperial Majesty. Maj. If something good were concluded here, the Emperor could make it known; if not, it could not be published.

Finally, he suggested that our princes should put it to the Imperial Majesty's decision whether they should be informed or not. He has often objected to this, since we insisted that we could not admit such a thing without the "prior knowledge of the princes: So you want to interrupt the action? and even repeated these words from time to time for the sake of unnecessary causes: Wherever this gospel is preached, it will also be said of you throughout the world that you were the cause of the conversation not having taken place. When we answered again, he said: "There can be nothing else behind it than that you want to have it printed. When we denied this and said that it only happened so that we could answer those who would like to persuade us, as it happens, that this or that had not happened, he replied: "It is left to the Emperor that it is up to him to have the Acta or not. When he said that he wanted to present it to the presidents, he added: what they had done, they had done well, and what they would say, he couldn't depart from it, he was of their opinion. He often asked: we should not confuse the deal, nor give the other party cause to ask something, and then we would like to hear what we did not like and what would displease us. He had hardly received from them that they had refrained from some demands, namely that those should be excluded from this discussion who had not been at the protestation at the Imperial Diet in Augsburg when the Nuremberg Peace was established afterwards. Since they had strongly demanded it, he had acted as if he did not hear or understand. Meanwhile, they shouted and complained that he was harming them. Similarly, he would always be approached about restoring the church property, that he should first make it out; but he would let it pass.

4. with regard to the Costnitz and Hamburg Secretariats, he stated that no one who had

would not be present at the conversation, should be told about it. For all deputies to this conversation would no longer be regarded as servants of their masters, but as public persons. The notaries should also not give a copy to those who would be in the conversation, without the president and his permission to the notaries. Also, those who hold the conversation should not report anything about it to anyone else, not even to the co-religionists, without reporting anything about it only to their masters, not even to their peers. Otherwise it would be as if they themselves were in the conversation, since they would be excluded. When we said: that is why our princes had asked to have a main record of the acts, that one should take notaries from each part, he answered: the king at Hagenau, and the emperor, since he considered the Hagenau acts to be approved, had only understood the taking of notaries from each part to mean that the report would be made all the more honestly to the emperor. This is how the Emperor and the King understood it.

1337. the protesting theologians' request to the Lord of Granvella and the presidents, which the other councils and envoys request

has been laid. December 21, 1540.

The request of the theologians is found in Melanchthon's exist. (London edition), p. 229; likewise in another, German version in Spalatin's Annalen, p. 478. The whole document is found in Rüder, äe eolloqu.

tiknsl, p. 101, Latin and German. The author of the "Petition of the Theologians" is Melanchthon, as he himself says m No. 1350.

The Protestant Councils' Desire.

Noble, benevolent, honorable, strict, highly learned, gracious and favorable gentlemen!

The princes, estates and cities of the Augsburg Confession, and their councillors, envoys and ambassadors of the same religion, do not doubt that your graces and favors are favorably mindful of the manifold, official and friendly reminder and request for the promotion of the above Christian discussion, to be held by virtue and content of the Roman Emperor. Maj., our most gracious Lord, most gracious permission and invitation at the Hagenau parting, for which we have now waited almost two months, 1) and yet about such an appointment not at any beginning of the same.

1. In No. 1339 at the beginning it is said that this document was handed over on December 21.

448 Section 2: Colloquium at Worms. No. 1337. W. xvn, sso-sM. 449

may come. Although the three weeks have now elapsed since the councillors and ambassadors, as reported above, finally let themselves be heard for the sake of their command and the spirit of Christian conversation, and it has not yet been indicated to them whether the other part wants to have such a conversation or not, but so much has been noted that they are to have daily conversation and consultation, to the detriment and contrary to the reported farewell and the Imperial Majesty's permission, which gives the aforementioned councillors, ambassadors and ambassadors cause for all kinds of reflection. For this reason, the preachers and scholars of the Holy Scriptures, who have been dispatched to the above Christian discussion by our most gracious princes, lords and sovereigns, have issued an official and friendly reminder, with their, the councilors' and envoys', foreknowledge and will, to your graces and favors, and also to the Imperial Majesty's commissaries and orators. Majesty's Commissars and Orators in the best way, as Your Grace and favor will be heard hereafter. And because then Your Grace and favorable and friendly to consider that this delay to the Councillors and Envoys on account of their Lords and Superiors, especially so to the Hagenau Farewell and the Imperial Maj. If something contrary to this is to be done, it is not a little burdensome, and they do not know how to take it with their orders and mandates: therefore, it is their official and friendly request and request that Your Grace and favor will once again direct the matter so that the Christian conversation, content and by virtue of the Imperial Majesty's most gracious granting, can take place. Maj.'s most gracious permission and invitation, after such a protracted delay, may be brought to fruition; as they hope, then, that Your Grace and favor will be ordered to carry out and direct this above action in such a way, and not in any other way or measure.

To this end the Councillors, Envoys and Ambassadors, as reported above, have offered and are still offering themselves, so that with God's help no debt of any extension may be imposed on them with justice. And have not wished to refrain from reporting this to Your Lordship and in favor of official and friendly good opinion, hereby requesting the same favorable and friendly answer.

The Protestant theologian's enclosed request.

Noble, honorable, well-respected, gracious and favorable gentlemen!

We may well consider what condition we have to tolerate and bear because of this disagreement in religion. But God is our witness,

that we desire and seek nothing more from the bottom of our hearts than that a Christian unity be established in the church, that we may also say with a clear conscience that the doctrine of our confession is actually the true united doctrine of the holy Catholic Christian church, which one is obliged to preserve. So only men know that we must bear no small amount of persecution, hatred and misery on account of this doctrine, and it is not to be considered that we would want to inflict such a burden on ourselves for so long solely out of presumption. Since we then hold the known doctrine with a clear conscience, and are sent here to explain the doctrine according to our understanding and ability, and to promote unity, we hereby ask most respectfully that Your Grace and favor will not be displeased with this search of ours in an ungracious and unkind manner. For we heard some days ago that this scheduled Christian discussion is being postponed because the opposing party wants to make articles to be held up afterwards, perhaps in the opinion that this should be a preparation for a settlement, so that we would be moved and driven to grant the articles in question. However, we consider this to be more of a dangerous speed than a way to unity. And it is inappropriate to the Hagenau agreement, as well as to all processes in church matters. For we are not sent here to accept doubtful and dangerous articles put forward by the opposite party, thereby causing great strife. It is also burdensome that someone should vote before both parties are heard against each other, because perhaps some on both sides could be of a different opinion after hearing the report.

We have rejected and recused ourselves from the concilium written out by the pope, primarily because it would have been burdensome, even unreasonable, for our opponents to want to be judges themselves. But however burdensome and disadvantageous it has always been for us, it would not have had such great danger as it has here, in case the opposing party wanted to burden us with such dangerous articles. For in the Concilio there would have been more learned and impartial people from foreign nations than there are here, who might also have belonged to us, and these most important matters would have been discussed more diligently. But, we hear that some say that these our quarrels do not need a disputation, so that they should only be verbal quarrels, otherwise it would be one opinion; but thereby both parts are not a little burdened. For if it is only a dispute of words, why is it necessary to be cruel to innocent people for the sake of doctrine alone? If it is

450 Cap. 18. of comparative religions. W. xvii, s62-^"4. 451

To do it for words alone is the same as if someone kills a man just because he speaks a different language. Furthermore, we would be quite wrong if we caused such a great division for the sake of mere words and not because of necessary matters. It is true that in all matters, when parties are heated up against each other, quarrels of words are also involved. But so far one can easily compare, and we want to have offered this, that in all articles, where the opinion in the reason is not disputed, we do not want to cause a quarrel. It is also not against us to use other words, although it is good to keep real and certain speech in the church. But it is not at all the opinion that these are only quarrels about words, but they are great, important things of right worship, in which God's glory and all Christians' blessedness are concerned. These things cannot be muffled like this, even though we would like to remain silent. For this reason, we ask most diligently that Your Grace and favor will not direct matters in such a way that we are burdened with articles from the opposite side, nor will we allow them to be voted on before the matters are heard against each other, but will be gracious and favorable about it and help to promote it, so that the scheduled discussion, by virtue of the Hagenau farewell, may reach its conclusion. Thus, as much as is in us, we also want to use all possible diligence, so that no deficiency shall be noted by us. For we may well say with truth that we would gladly promote the welfare, peace and unity of the holy church, even with the extension of our lives. But whether, on the other hand, our opponents also seek Christian unity, or prefer to preserve and defend the annoying, obvious, unchristian abuses: reasonable, pious Christians can easily recognize this. And even if one wanted to set up a dangerous comparison, it would still not stand. And if the opposing party wants to dispute these matters according to necessity, it would be cheaper to do so with us than with others. We also believe that Imperial Maj. Maj. our most gracious lord's most gracious and most serious opinion is that the salutary truth be declared in the very best way, and that the welfare and peace of the holy church be sought and promoted in the most faithful way. We therefore ask Your Grace and favor to accept this request of ours with grace and favor, and not to note it in any other way than in a completely Christian and heartfelt good opinion. 1) Because,

1. What follows in Walch's old edition from here on in this writing is found in Spalatin's An

If our opponents continue to take away our votes and cut them short, it is not known what pious, honest people will think of this day of discussion, who now have a diligent eye and attention on this day and on you, Mr. President, and who are completely committed to you, you will reform the church and bring it into a better state and make and give it peace. For our need will require and urge that we are overburdened with such responsibilities. We hope, however, that you will do your best in these matters so that the real truth will come to light, so that all churches and congregations will be united, unanimous and unanimous in praising and glorifying God. Therefore, we ask God to grant you His loving grace to carry out such, also to govern your hearts and counsels, also the will of all Christians. Finally, we also ask you to give us a favorable response.

^2)^ The Electors, Princes and Estates of the Augsburg Confession > related theologians and preachers, who are sent and appointed to this > conference.

1338 Melanchthon's letter to the Lord of Granvella. Worms, Dec. 22, 1540.

This letter is found in Pezel's eonsil. LIslaneUttnrnis, x. 419; m Melanchthon's "pist. (Lond. ed.), lib. II, p. 227; in Röder I. e. p. 109 and in" 6orp. Rec, vol. ill, 1243.

Translated into German by M. Aug. Tittel.

1. hail! High-born and highly respectable Lord! Would to God that I had so much wit and ability or prestige to contribute something to the true harmony of the Church! My writings at least testify that I have left out some harder questions and have tried to soften some matters. I will

nalen, pp. 513 to 520 in a different relation. There, it is attached to Document No. 1344, to which it undoubtedly belongs, because it contains, in addition to the further execution of the response to the first "article" of the presidents in No. 1343, also the response of the Protestant councilors, envoys and ambassadors to their second and third articles. Therefore, we have transferred this piece to No. 1344, but have omitted the conclusion of the document that belongs here, and give it here according to Spalatin (Annalen, p. 487 f.).

2. This signature is missing in Spalatin, but it is found in Walch at the end of No. 1344 instead of "der Räthe" 2c.

452Abschn. 2. Colloquium zu Worms. No.1338. W. xvn, sss-sri. 453

never depart from the unity of the Catholic Church of Christ. It also seems to be conducive to unity that we have often offered to let the bishops have their power. Our quarrel is not about power and sovereignty and wealth. We can well allow such regimental matters.

We punish only some errors of doctrine and customs. However, at Frankfurt, the Council has cultivated a way (or means) of harmony, so that learned, pious and modest people would be chosen from both parts.

I myself had suggested some of the other part to the most reverend Lord of Lunden, who, as I thought, could be drawn to this consultation; I consider this to be the only means of settling these disputes, which would then be lifted by a special fate and change. But here it is different. There are monks among whom, if some are learned, they should not be so harsh. But some even boast that they have orders not to concede anything to us. If it is only meant that all that is ours should be condemned and destroyed, we cannot agree with them when they condemn the true opinions that are so necessary to the church, if we are already threatened with the most extreme punishments. The common danger also goes to our hearts; we wish that the fatherland would have peace. I do not see what kind of human help we have, but I can see certain disadvantages. But those who are still godly in religion must not therefore approve of erroneous religious services and abandon the common, necessary and godly cause. After this, what is the use of setting up this meeting for the scholars to discuss the dispute, if they are only to confirm the condemnation? But because in this dispute some have too harsh orders, which in themselves are compatible 1) and harmless: so it is to be wished that one should again follow the Frankfurt way, of which I have said above. However, I believe that even here some disputes can be settled by gentle action, for if we put aside false conclusions and act honestly, most matters are easy and clear.

However, your excellence expects from me some mitigations of the articles. This is my opinion:

5. 1. If one will make new ambiguous articles, thereby the disputes will not be completely erased,

1. We have followed here the reading which Peucer in M6l..86l66t. 6PP. and Pezel I. 6. offer, namely trnetadil68, While the Oorx. ReL. Lutraotadilss has included.

If they are only hidden and entangled, there will only be more division, because each part will turn them according to its own sense, and others will interpret them differently.

6. 2. Furthermore, it is quite childish and indecent for wise people in the church to play with ambiguities. It is therefore safer to see here, when the matters have been dealt with by disputation, in which articles the truth is so clear that all reasonable people can notice that the dispute is really settled, even though some monks of wrong senses may shout and rave against it. The straight path is the safest in such matters, and most disputes can be easily discussed. There are about two of them that are somewhat difficult to explain, namely the article of justification and the article of the mass. The others are all clear. And I have omitted much hard matter in some of my writings, and all prudent persons can easily see that, speaking thus, I have aimed with my hand at this purpose, to mitigate some controversies, and to pick out only things that would be useful to the Church. In the article of justification itself, it is only said of us in general: that one who repents should believe that his sins are forgiven because of the Son of God, not because of his own worthiness. What is inconsistent here? And yet the monks, who are completely drowned in their opinions and crickets, the origin of which would be too extensive to deal with here, mainly castigate this article. I think, however, that a reasonable person can easily be brought on the right way and reassured in this article, which is neither to be thrown down nor to be darkened for the sake of the monks' mad antics.

It is known that for several centuries many pious people complained about the abuses of the Mass. And perhaps the many land plagues are consequences of the desecrated sacrament. And it is not doubtful that the masses need improvement. But the right custom of the old church with the mass is known. And our article is also quite mild. It punishes the dedication (or giving) of the mass (to the living and the dead), because they think that the mass earns others forgiveness of sins and other things. This has led to abuses. Therefore, it would be good to think about an improvement with seriousness. If, however, articles were to be written on all matters, it would be good for men from both sides to do so, who are learned and knowledgeable in such matters, as well as gentle and modest.

8. the way to peace is quite leisurely

454 Cap. 18. of comparative religions. W. xvu, sn-srs. 455

and easy, because ours teach about the bishops' sovereignty and church government quite modestly; again, the bishops should also allow us godly teaching and improvement in some things. But why nothing cheap can be obtained from them is not hidden. The monks flock to the bishops and defend superstition for the sake of gain, even out of ignorance and obduracy. I read every day books that are newly published, which concede us so nothing that they approve of obvious abuses, which were punished many hundred years ago by all those with understanding, as the superstitions of the monks. What should one do with such of concord, since they are, according to the Psalm, like deaf vipers? But the prophecies announce to the church of the last times a hard struggle, which the rulers must alleviate not with suppression of the truth, but with glibness and understanding. Let the church be helped in such a way that a godly and useful doctrine remains.

I recognize my weakness, but I still leave it up to the judgment of all pious, learned and righteous people in my place. I am also well satisfied with milder ways. I do not like dissimulation, hypocrisy, keeping things secret, which often makes things more confused than clear. Therefore, when I am needed in public conversation or other counsel, I will say frankly, modestly and honestly how I mean it. And what I follow up, I will honestly admit without ambiguity. Although I can see the nature of those with whom I have to quarrel, I hope that at least some disputes can be settled in this action. The others must be postponed to another consultation. I have written this to Your Excellency honestly and in good faith, and ask that it be interpreted for the best. Dec. 22, 1540.

1339 The presidential council's answer to the recently submitted request to promote the matter, with attached explanation of the 22 half votes. December 26, 1540.

This and the two following documents are found in Rüder 1. o. x. 118; in 6orp. Rot., vol. ill, 1251.

The following opinion is on account of the kais. Commissary and Orator, also the Councils ordered to the Presidency, the Princes, Princes and Estates of the Protesting Councils and Ambassadors Committee on the day of St. Stephen, December 26,

orally, and handed over in writing on the day of St. John, December 27.

After they had requested several times in writing and orally, and especially in their last document handed over on the 21st of this month, 1) from the lords councillors appointed to the presidency, that they wanted to direct matters so that the Christian discussion, with the content and by virtue of the imperial majesty's most gracious permission and invitation, might be brought into the work 2c., The Councillors, appointed to the Presidency, did not doubt that they, the protesting Councillors, would have to report from all the actions taken with them so far by the Imperial Commissary and Orator and the Councillors, appointed to the Presidency, that so far there has been no lack of them, the Presidents, in these matters, but that they have promoted them with their best diligence, just as they still do not want to spare any diligence, effort or work in everything that may always be useful for the promotion of these matters. So they could well remember how the Councillors, appointed to the Presidency, with the advice of the Imperial Commissary and Orator, at the request of both parties, had acted on the form and process of the discussion, and sought all means and ways that might be useful for friendship and unity, as all actions practiced so far would have entailed. And so that the matter may now be continued and they may understand more clearly how the proceedings of this discussion are to be held, the Councillors, appointed to the Presidency, did not want to keep it from them, the Councillors of the protesting Estates, that right at the beginning of this matter the Imperial Commissary and Orator and the Presidents had their doubts, for the sake of the votes, of which they had been informed in the Hagenau Departure and the Imperial Proclamation, and that the Imperial Commissary and Orator also had their doubts, for the sake of the votes, of which they had been informed in the Hagenau Departure and the Imperial Proclamation. Commissarius and Orator have several times indicated to them, the Councillors, that their Imperial and Royal Majesties are of the opinion that this is the right thing to do. Majesties would be of the opinion that in this discussion the votes should be held in this way, namely: since, by virtue of the Hagenau bye-laws, there would be eleven estates on each part, and each estate's person alone should have one vote, and thus each part should have no more than eleven votes, that the votes of both parts should not be added together, and thus two and twenty votes counted, and of both parts one more should be made, but that each part should be counted with its votes and one more vote.

1. No.1337.

456 Section 2: Colloquium at Worms- No. 1339 f. W. xvii. S7S-57S. 457

The Imperial and Royal Majesty should, as far as possible, at any time decide on a unanimous opinion on the proposed action and present it by word of mouth or in writing to the Imperial Commissario and Orator, as well as to the lords of the council, who have been appointed to the presidency. So that the Imperial and Royal Majesty's opinion may be sufficient. Majesty's opinion, so that also quarrels and all kinds of words, from which further developments may arise, are avoided, the Councillors, appointed to the Presidency, together with the Imperial Commissario and Orator, have agreed on the following. Commissario and Orator, that it should be held with the votes in accordance with the Imperial and Royal Majesties' opinion, as reported above, in this above discussion. However, if it were to happen that the Estates under one or the other part would not all decide on the same opinion, then each should be allowed to submit its opinion in particular to the Imperial Commissario and Oratori, as well as to the Councillors appointed to the Presidency, and then the opinion of the other part should be sent to the other to take further action on it; but the other opinion of the other part should be preserved behind the President until the Imperial Council. Relation 1) behind the President and presented to the future Imperial Diet of the Imperial Majesty. Majesty and presented. In view of all this, and in order that a deal may be reached, the Councilors are ordered to the Presidency, in the name of the Imperial Commissioner and the President, to submit a proposal to the Imperial Council. Commissarii and Orator, also on their own behalf, to the councilors of the protesters, a friendly and amicable request that they not complain about acting in the way now indicated. And, if it so pleased them, as the Councillors, appointed to the Presidency, together with the Imperial Commissario and Orator, have agreed, they will not complain. And if it should please them, as the Councillors, appointed to the Presidency, together with the Imperial Commissario and Orator, would not otherwise provide for them, the Councillors, appointed to the Presidency, would be obliged to hand over to them a document that pars catholicorum has placed on some articles of the handed-over Confession and Apologia, and to act on it as is proper.

1340. the protesting estates report and answer on the presidential declaration of the

Votes Halden. Dec. 27, 1540.

See No. 1339. Also in Spalatin's Annals, p. 464, in a slightly different redaction. Spalatin notes that this writing was delivered to Granvella and the presidents on the day of St. John the Apostle in Latin. Also in the Oorp. Ast, vol. Ill, 1254 Latin.

1. That is, up to the relation to be paid to the emperor.

Venerable, well-born, honorable and highly learned, gracious and favorable gentlemen!

First of all, concerning the delay, we leave it at Your Grace's apology; we hope that Your Grace and Grace have also noted that we have not given cause for the delay. And on the article in which a declaration is made that in the Hagenauian decree and the imperial decree there shall not be the opinion to make a majority by the decreed votes, but that on each part only one vote shall be presented, and if some, the lesser part, would not be of the same opinion with their part, that the same shall hand over their special objections to E. Gn. and F., who would report this to the Emperor. Majesty about it 2c. This is our announcement on this article: It is not known to us that one does not have to conclude here, nor do we seek that a majority be made with the votes. However, we are not in a position to judge what is to be done by Imperial Majesty, our Allies. Majesty, our most gracious lord, was of the opinion as to how he wanted to be understood: the words are, however, that a Christian discussion is to be held of all articles 2c., which we cannot understand otherwise than that both parties shall freely converse with each other, and that the estates or persons appointed for this purpose, if both parties are heard against each other, shall speak their opinion with due discipline and in a Christian manner, and that none of the estates appointed shall be excluded, so that his opinion would not be heard or brought before other estates; Now if this form, now proposed, were to be taken, that the several part of the elves should present a special opinion to theirs, and work that they all consent to it at the same time, then some must first give their votes, before the opposing part is heard. Since this is a disorder, we have issued the imperial decree and the decree in such a way. We have not understood the imperial decree and the agreement in this way. On the other hand, it is much more difficult if their voices are not heard in the discussion, if they are not of the same opinion as the other party on their side. For what is that but to exclude decreed princes and estates from the discussion? which, in our opinion, is not the opinion in the farewell and imperial proclamation, and may well be done by excluding the few persons who advise peace and settlement on both sides more than others. Thirdly, the other day His Grace and His Grace had it said that this number of persons for the discussion was not ordered to be increased, but rather to be reduced.

458 Cap. 18. of comparative religions. W. xvii, 87S-578. 459

but that there is a certain number of people who should speak. If there should still be this interpretation, which we now have only after we have been here for two months, then there would only be two voices. To the fourth: Since it can happen, especially in matters of religion, that the lesser part has a better opinion, as is indicated in histories and laws, the lesser part's opinion should also be heard in the discussion. Fifthly, we consider that the letter and the agreement before this time have not been understood differently, since the notaries have spoken and said in clear words that the opinion of each one, ordered to be heard, should be diligently recorded by the notaries. Although we do not seek to make a plurality, nor do we wish that in these matters the plurality of votes be used, but rather the word of God, we nevertheless hold that this is the opinion of the notary and the notary that no prince or estate be excluded from the number of notaries appointed. And if anyone's opinion should not be heard, we cannot understand otherwise than that they should be considered excluded. Since this new declaration is not equal to the words of the letter of request and the letter of agreement, and brings with it this absurdity that decreed princes and estates should be excluded, we have misgivings, on account of this form, about our mandates. In the other article, this condition and measure is attached, that, where the reported statement would please us, so that only the opinion of the opposite part would be held against us, then these actions should be advanced. To this condition and measure our answer is now heard. In addition, this article also introduces a new form, namely that the opposing party has filed a writ that should be served on us. This is our answer to that. Although it would perhaps be easier for us to argue with writs, nevertheless, if this form is not in accordance with the Hagenau agreement, we do not know how to agree to it, because such a letter would be without end. Nor would it have been necessary for so many people to come together here, if one wanted to act in writing and bring the matter into such a long delay. For if the opposing party worked on some writing in so many weeks, how slowly will this work be promoted from now on! Further, if this alone is the opinion, that short articles are held up to us, by which the doctrine of our churches is condemned, or is supposed to be a palliation, which is not founded in the truth, but only for the sake of the truth.

If we are directed to the appearance, we can accept such articles all the less. This form is rather contrary to the Hagenau agreement, which allows that this should be a Christian discussion, that is, in which the truth is sought through friendly conversation, in which all members may speak their opinion with respectable discipline. If the doctrine that our churches profess is found to be wrong, it is better to reject it publicly than to leave people in error with painted colors. There are great things and Christian church necessary, of which we speak, which can not be closed with mere articles, but is yoth that the truth be sought. Therefore, it is to be desired that this discussion, according to the Hagenauian form, be carried out. And if, for the sake of brevity, a written declaration should be submitted from time to time, with the consent of both parties, for the advancement of the cause, we will not refuse it. But that E. G. and Gunsten call the antithesis catholicos, we have testified many times, that this doctrine, which our churches profess, is certainly the true unanimous opinion of the true catholic church of Christ, have also always offered ourselves for Christian interrogation. So in this discussion, too, we will find those who are to be considered Catholicos. Therefore, our need is not to conceal the complaint. We therefore ask once again that the discussion be conducted in accordance with the Hagenau agreement, which, since our lords and superiors cannot understand it otherwise than in clear words, they have not given us any other mandates and orders than in accordance with the agreement mentioned. Where a different form would be sought to our disadvantage, we protest that there has been no lack of sovereigns and princes, also estates and cities of the Augsburg Confession related to our most gracious lords and sovereigns, and to us, as envoys ordered to this meeting, to carry out, promote and hold the same.

The Electors, Princes, Estates and Cities related to the Augsburg > Confession, Councils and Envoys.

1341 The protester's answer to the imperial orator Granvella, concerning the reduction of the votes. Dec. 28, 1540.

See No. 1339. in Oorp. Rsk., vol. ill, 1256.

Most Gracious Sir! E. G. yesterday's day happened notification and request that the plot in

460 Section 2: Colloquium at Worms. No. 1341 f. W. xvn, S78-S80. 461

the religious matters by a few persons in E. G. and other presence and presence. The councils and envoys of the princes, estates and cities of the Augsburg Confession have been informed that the religious matters are to be settled by a few persons in the presence of Your Grace and others, so that this day does not pass without an end and fruit, because the way of Hagenau's departure should not be preceded. And that in these matters, as has been noted, Your Grace is making so much effort to bring things to a fruitful and good end, they thank Your Grace for this, with the request to praise this to their most gracious, gracious lords and superiors. And even though they are inclined to show E. G. their official and friendly courtesy, they still do not know how to behave towards E. G., that from their lords and superiors, they would like the Christian conversation, contents of the Imperial Majesty's most gracious granting, to be continued. Majesty's most gracious permission to take the Hagenau leave, with orders and mandates, whereupon they also let themselves be heard many times and asked to bring such talk into effect, and ask once again that such may happen; for for their sake, whether God wills it, no cause whatsoever shall not be found nor noted why such should not happen. Since, however, this discussion, as passed at Hagenau, and the Imperial Majesty has graciously agreed to it, it is not necessary for the time being. Majesty has graciously granted, should not be allowed to proceed, they must let it happen. And since they have been ordered to let such a discussion take place, and no other, of which their lords and superiors have no knowledge, nor may they consider that such a change should occur here, they do not know how to dispense with their order, and leave it at the notification, 1) which they sent to the presidents yesterday in German and Latin, with the request that they may receive an answer to comply with it.

1342 Response of the Protestants in the same matter, issued to the Count of Manderscheid of Cologne and the Count Palatine's council. December 31, 1540.

This document is found in Latin in Röder I. o. x. 118 and in Oorp. Rsk., vol. ill, 1260.

Translated into German by M. A. Tittet.

Most honorable count, noble and firm gentlemen!

(1) We have heard what you have said again, that the conversation has been referred to another

1. This will mean the preceding Scripture. After that our time determination.

The reason why such a change was made was that concerns had arisen about the votes and because it was feared that in such a large group of twenty-two people, i.e. of twenty-two people, 2) competent people were to be taken to settle the disputes, but without detriment to the agreements (or conclusions) of previous meetings, especially the one at Hagenau; and the reasons were given why such a change was made, because there were doubts about the votes, and because it was to be feared that in such a large group, namely of twenty-two persons, the discussion would not be modest and smooth, and such a public dispute would only heat up the tempers, especially since most of the people would be much more adamant about what was said in such a public and large meeting. So that something could be done with benefit, and greater offence could be avoided, and Her Imperial Majesty could be properly informed of what disputes were still left to be dealt with at the next Imperial Diet, it was demanded anew that this narrower committee of the discussion be allowed to take its course. It was also pointed out how the most reverend and noble princes, the Archbishop of Cologne and the Count Palatine, had good intentions, in that they had ordered you to act and promote everything most diligently that could be helpful to godly harmony, to which end you also testified that you would gladly apply all the effort and diligence in your place. You have also indicated that it is the wish of Her Imperial Majesty, Our All-Gracious Majesty. Majesty, our most gracious Lord, and the highly respectable Imperial Commissary. Commissarius, meant well from the bottom of their hearts. By citing these causes, you have exhorted us to this closer conversation (or committee), and you have carried it out very well in your speech.

2. After your request had been presented to the envoys and delegates of the princes and estates who adhere to the Augsburg Confession, they gave the following answer: 1) First of all, they do not doubt that the most noble Electors, the Archbishop of Cologne and of the Palatinate, will be so well disposed against Christianity, and so well disposed against the Princes and Estates of the Augsburg Confession, that they will seek and desire that harmony and common peace be established among the churches through godly and salutary counsel. They have often demonstrated this intention, since peace has been achieved several times through their efforts and mediation. On the other hand, our princes and the estates united with them have always expressed special gratitude for this laudable benevolence and these good deeds: Thanks

2. I read st for iä. (Walch.) In the Oorp. Lei: (aä) iä.

462 Cap. 18. of comparative religions. W. xvii. S8o-S8g. 463

praises and thanks them. We also hope that it will become clear from many actions that our princes and united estates desire peace from the bottom of their hearts, and have always wished that the unity of the churches would be established in a godly manner, which is why they did not express themselves in the public deliberations for the benefit of the churches.

Therefore, when the envoy of the imperial majesty, the archbishop of Lunden, was consulted at Frankfurt, and it was agreed to hold a discussion (or religious discussion) in which they would deal with the divine union of the churches, our princes and other estates wished that such a discussion would be held in such a way, and in such a hope they sent their councillors and divine scholars to the Hagenau Convention or Assembly. And it is not our fault that such a discussion did not take place. Incidentally, the royal majors and electors and princes who were present at that time made a farewell (or conclusion) of another kind, which the envoys and delegates of our princes and estates accepted to the extent that they said they wanted to report it to their masters and put it to their discretion. Since, however, His Imperial Majesty in Grace Majesty's grace to hold a discussion here, the envoys and deputies of our princes and united estates have again been sent here with measured orders that the discussion be begun in the manner prescribed in Imperial Majesty's letter of invitation and the farewell at Hagenau, as we have often requested. 1) And we have not prevented this. And we have not been an obstacle to this.

4 Whether or not we sincerely wish to please your request and that of the highly respectable Lord of Granvella, the Imperial Commissary, you can easily see that we cannot abandon our command and adopt another way. Commissarius, you can easily consider that we cannot deviate from our command, leave the Hagenau way and adopt another one, as we have already apologized to the highly respectable Imperial Commissarius for this. Commissarius for this reason. You see how important the matter is, and what a danger it is. It concerns the honor of God, the true worship of God and the salvation of souls. To deviate from the prescribed way in such a matter without a command is very dangerous. For our lords and sovereigns did not think that such a way would be changed, otherwise they would have given other orders.

1. formarQ xsrseriptain should be xrassoriptarll. (Walch.)

There is much more to it. For the change could not be made without being detrimental to the Hagenau and other previous decrees, one could also arrange it as one wished. There will hardly be two or three who, to the exclusion of the others who are present here, want to take over the whole burden of these matters to be dealt with from the common cause, especially without orders and since another way is prescribed, and where not all speeches would be distinguished. And these disputes need some examination. If now, in such close conversation or manner, only this is sought, that one only wants to forge articles at the top, and, as it were, play under a little hat and thus dampen the disputes, then one would have to especially consider what danger lies underneath. In the case of such a committee, the milder ones should not be taken, but perhaps the harsher and worse ones should be chosen. If this is also sought, that Her Imperial Majesty, our allies, may be granted the right to vote. Majesty, our most gracious Lord, the disputes are presented clearly and unambiguously, it is much more advisable and helpful that everything be examined in a lenient manner according to the Hagenau way, and that the reasons and opinions that are put forward be written down properly.

5 We therefore ask you not to take it amiss that in so great a matter, in so great a danger, we do not accept any other form of communication than that of Hagenau without orders, and to apologize diligently to the distinguished Lord of Granvella, Imperial Majesty's Commissaries, for causes now brought to light. Majesty's Commissarien, diligently for reasons now raised. His benevolence towards the Germans is well known, and so we will not fail to show him our debt and obedience in other things that we can do without neglecting our duty. We also ask that we receive an answer to the last letter to the venerable, noble, strict and firm men who are to preside over the discussion, so that we may once have some certainty. We will praise your kindness and love before our princes and lords, and we do not doubt that your zeal and goodwill towards them and the common good will be pleasant to them. We also thank you, we command you in the best way, and we offer ourselves for all services.

This answer was handed over to the Count of Manderscheid of Cologne and the Count Palatine's council on the last day of December 1540.

464 Section 2: Colloquium at Worms. No. 1343 f. W. xvii, S8S-S8S. 465

1343 The President's response to the writings recently given to them by the protesters. D en 2 Jan. 1541.

This and the following writing is found in Röder 1. e. x. 120 ff. Latin and German; only German in Spalatin's Annals, pp. 488 and 511, and in the Oorp. Lei. vol. IV, 5. The time determination is according to the following number.

After the Imperial Orator and the Presidents Orator and the presidents have so far considered several ways how the intended Christian discussion should be held; and the ways, so far proposed, have not wanted to be accepted unanimously by both parts: so that nothing would happen to their diligence, they have considered the matters further, and after many actions, which ran in between, could find no other way, which was to be hoped for, 1) than the following form. Firstly, that two Collocutores, one of the eleven Electors and Princes, the other of the protesting Electors, Princes and Estates and Ambassadors, be given, and that each of them orally present the opinion of the greater part of his part, and then these two Collocutores, in the presence of all Estates and persons, deputized and appointed to the Colloquio, shall talk and converse with each other amicably and amicably about it. After the Collocutorum have finished speaking, the other Collocutors shall be asked to add something to the opinion of their part, but not otherwise than with the permission of the Imperial Orator and the Councillors. The other part shall also be allowed to speak if they want to add something to the opinion of their part. Furthermore, the opinion of the minority shall be sent to the imperial orator and the presidents, and according to the orator's discretion either kept behind the orator and the president until the imperial majesty and the estates have reported, or handed over to the opposite party. However, this shall not oblige the minority to follow the opinion of the majority, unless the Imperial Majesty and the common Estates decide otherwise. Majesty and the common estates of the empire, as is due. Secondly, in such a discussion not all speeches, but only the final opinion and sententiae, in which one would remain at one or at odds, shall be written out by the notaries. Thirdly, however, this process shall be unbreakable in all ways to the Augsburg and Hagenau and other adopted decrees, and they shall remain with their dignities and powers. However, the

1. Thus Spalatin. In the old edition: "verhoffentlichsten".

Orator, by virtue of the authority vested in him by Imperial Majesty. Majesty, to further explain the Imperial Majesty's mind and opinion according to the opportunity of the matters in the course of the same.

1344. the protester's answer. January 5, 1541.

See the previous number. The time determination is according to Spalatin I. e. p. 511. The same is confirmed by No. 1346. Latin also in Oorp. Lek., vol. IV, 7.

Venerable, benevolent, noble, honorable, gracious and favorable gentlemen!

Your Grace and favor know that we have now let ourselves be heard many times that we desire most of all that the discussion be carried out in accordance with the Hagenau farewell and imperial decree. And we have often offered to do so, hoping that it will serve to explain the truth and thus to bring about Christian unity, of which we are most eager. However, on the next Sunday Jan. 2, 1541, we received a reproach, in which the Hagenauan agreement mentioned above was once again withdrawn with new additions, which are somewhat more dangerous and more inconvenient for the investigation of the truth than the first reproach. Therefore, Your Grace and favor will hear our answer favorably. Regarding the first article, it was indicated that two persons should be appointed as Collocutores, each of whom should present and speak his part's opinion as to what the other part will be; and if one of the same more part should consider adding something, 2) it should be done so, if it would be permitted and allowed by the Imperial Commistarium and Your Grace and favor. To this is our answer: In order to note that we would like to promote a Christian conversation, we also allow two persons to be appointed as collocutores, so that there is all the less disorder. 3) However, we would have thought that you would have allowed each one to speak freely and without hindrance, especially in this assembly, as we have again done, and as we have recently stated,

2. Thus Spalatin. In the old edition of Walch: "darzuthun". Latin: aüükrs.
3. Here follows in Spalatin, Annalen, p. 513 ff, the section of No. 1337, which we have transferred here (see Col. 450). That, tvas follows here further in the old edition, is missing beb Spalatin at this point, but forms with him (Annalen, p. 487 f.) the conclusion of No. 1337.

466 Cap. 18. of comparative religions. W. xvn, p64-sse. 467

not that we should count the votes, and that we should conclude according to the greatest number, 1) but only that each one of the twenty-two persons appointed to this conversation should be free to indicate his opinion, for reasons that the nature and character of a Christian and friendly conversation requires such. For GOD would have given the. In these Christian and faith matters, God is wont to open up to the latter and lesser, which he does to the greater and greater; as there are many examples of this in the ecclesiasticis historiis. Moreover, it has always been customary and usual in the church that, where there has been an assembly in matters of religion and faith, all those who are required to take part in this action may be heard freely before all others and may unashamedly state their opinion; as the acts and actions of the councils held at Ephesus, Chalcedon and other places clearly show. This is also, in our understanding, the opinion of the Hagenauian Departure, to which our most gracious, gracious Lords and Superiors have been called by Imperial Majesty. Maj. and described here, as Your Grace and favor have understood the same farewell also in the beginning of this action itself, and in the words of the lecture of Nov. 26th have expressly indicated to us, 2) namely, that the farewell is intended to be non-binding, and thus the number of persons and votes is determined solely by the fact that one is certain of the number of speakers, and not that one should make a number out of such votes and conclude on the matter 2c. In addition, we hear that this understanding was also with many of the other part at Hagenau and is still here. Thus we also consider that this way, that all of the twenty-two voices are heard, is more respectable, more useful and more excellent than the way that is now proposed to us, for the reason that this conversation is not only to be reported to the Emperor. Maj. may be reported, but also for the purpose of taking the Augsburg Confession and Apologiam before hand, discussing all points and each in particular in a friendly, Christian and noncommittal manner, and using all possible diligence to bring all erroneous points to Christian agreement, comparison and right understanding, as the words of Hagenau's Apologiam are.

1. We have taken the preceding in this sentence from Spalatin in > order to establish the context. > > 2) No. 1322, §2.

Ahschieds read. Now the comparison can follow much better, if each opinion, which speaks with Christian zeal and fear of God to the matter, is heard, than if one makes before a Mehrers, and the others, which do not agree, from the conversation excludes, and their opinion in writings urges to hand over. For this reason, we want to reassure ourselves completely, for the sake of Your Grace and for the benefit of those who have been appointed to the Presidency, that they should hear the discussion, due to the Hagenauian farewell, and that they will not only not hinder this way of free voices for the promotion of Christian settlement, but will promote it as diligently as possible, and if someone wants to act against this, they will not grant or allow him to do so, as we have asked for this several times before, and this time we want to ask for it again most diligently. If, however, it is not possible to obtain such a thing, which we do not wish to do for your good and benefit, we are urged to report it to our most gracious lords and superiors, as well as to their sovereigns and princes. We hereby expressly reserve the right to their electors, graces and benefactors to apply to the Imperial Majesty and the Estates of the Empire for the same. Maj. and the Estates of the Realm at the future Imperial Diet, and when and where else their necessity and opportunity requires, to complain and recover the same, also all other of their sovereign and princely lords, graces and favors. We hereby publicly attest and protest to this. And so, subject to this protest, we want to enter into this discussion, to give a Christian and friendly account of our doctrine and faith, so that no one may say with truth that we have fled the light, and have been shy to explain our doctrine and faith, and thus have no lack of everything that serves for Christian comparison by means of divine Scripture. And this inequality, together with other complaints and inequalities imposed before, which we know how to do, but which we refrain from doing in the best possible way, we place at the Lord's disposal this time, but with the following reservation: that the suffragia of ours be left free and not be denied to them by the presidents, but that their opinion be allowed to be presented, as we do not want to deny it to those of the other part, as much as is in us, but have now repeatedly requested and still request that it be allowed. That then further in E. The less part shall not be obliged to follow the opinion of the more part, unless the Imperial Majesty and the common estates decree otherwise. Majesty and the common estates of the realm (as is proper): we respect this appendix in Reli-

468 Section 2: Colloquium at Worms. No. 1344f. W. xvu, sse q. S8S f. 469

It is not necessary for us to consider the matters of the region as burdensome and unreasonable, in which it is proper to follow the clear word of God, the truth, and not the majority, and no one should be urged to an unjust opinion against his conscience, which is rightly instructed by God's word. Therefore, our necessity requires that this appendix be challenged and not conceded in any way. And as it is reported in the other article that the notaries are to record only the final opinions and sententias, in which one would remain at one or at odds, we also did not want to prolong the action without necessity; nevertheless, the necessity of both parties requires "declaration and argument", and thus to hear and write down the whole action "with diligence, so that after this discussion, in which the truth was sought for a Christian settlement, Imperial Majesty, Electors of the Holy Roman Empire, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor. Majesty, princes, princes and estates of the empire may be reported, and subsequently further considered, how by Christian means the matters may be brought to due remembrance. Now such a report cannot happen without a list of the declaration and arguments. And the mere concluding speeches on both sides, especially among those who do not thoroughly understand these controversial matters, would arouse much more displeasure and greater bickering. For many are fiercely bitter at such mere speeches, which is why they would now shy away from them even without sufficient report and declaration. Thus we could not report thoroughly to our lords and superiors of the plot, if we should not have copies of the whole plot. In addition, from the words of the oath of the notaries, it is found that it was previously the opinion of your Grace and favor that not the mere closing speeches, but the entire declaration should be written; for thus the words in the oath read: 1) "The notaries shall swear that they shall faithfully write down all and every act, which is brought forward in open presidencies; in matters of this Christian conversation, orally or in writing" 2c. Thus, your Grace and favor have previously been heard and have promised that they will provide us with copies of all actions upon request, of which we are also aware, and cannot agree to this article in any other form than that which is now indicated. On the third article, that this process shall be unbreakable to the Augsburg, Hagenau and other agreements, 2c., this we on our part do not understand and agree to other than from the agreements accepted and agreed to by both parties, and refer to our previous Protestationes 2c. And we

1. No. 1331.

long as the Imperial Commissars' declaration. Commissioners' declaration, we also wish to reserve our necessity. And hereupon ask to promote the matters and not to delay them any longer.

2. The Electors, Princes, Estates, and Cities of the Augsburg > Confession and the Councils, Envoys, and Ambassadors of the same > religion.

1345. the Oralor's and the President's further answer and explanation to the recently handed over writ to the protesters, concerning the two Collocutores and other pieces more. January 12, 1541.

This and the following number is found in Röder I. e. p. 124. The time determination is according to the following number: "heut vor Essens". In the Oorp. Rek., vol. IV, 16 is the 11. Jan.

The Roman imperial majesty, our most gracious lord, commissary and orator, also the lords councilors, appointed to the presidency, have heard the answer of the protesting estates councilors and ambassadors to the recent remonstrance, which happened to both parts, and thereupon decided to remonstrate with the same councilors and ambassadors as follows: First, it is to be declared to the protesters that their opinion, if they so desire, shall not be denied if one of them wishes to say something about the affairs of his part in a uniform and proper manner. Secondly, that not only the final speeches, but also the arguments and reasons put forward by both parties shall be written out by the notaries. Thirdly, as far as the reservation of the protestations, which happens from time to time, is concerned, also the separations; item, whether the opinion of the greater part should be detrimental to the opinion of the lesser part or not, and then, whether this should be put to the Imperial Majesty and the Estates of this realm for recognition and discussion, it is considered good that there is no need for a longer disputation, but that each part, what they therefore want to put forward, should be presented to the Imperial Majesty and the Estates of the realm at a future Imperial Diet. Majesty and the Estates of the Empire, who will then give their resolution and decision.

2. This signature is missing in Spalatin.

470 Cap. 18. of comparative religions. W. xvn, p86-W8. 471

1346 The protestors' further answer and request, handed over to the imperial orator and the presidents on January 12, 1541.

See No. 1345. in the 6orx. Rec., Vol. IV, 17 Latin, but in such brevity that it seems to be only a Summarium.

The Electors, Princes, Estates and Cities of the Augsburg Confession and the same religiously related Councils, Envoys and Ambassadors have heard the articles which the Imperial Majesty, our most gracious Lord Commissarius and Orator has decided upon today before Essen. Majesty, our most gracious Lord, Commissarius and Orator, together with Your Grace and favor, were heard today before Essen 1). And would have fully provided, your Grace and favor, in consideration of the well-founded good causes, in her, the Councils and Envoys, above-mentioned next handed over writings, also previously reported to several times, not to have refused that in this intended Christian conversation each person, who has been appointed to the twenty-two votes, by virtue of the Hagenauian farewell, imperial majesty's call, and your grace's and favor's self-declaration, should have been allowed to speak and present his opinion freely and without entanglement, so that one might the better come to a Christian settlement by means of divine grace; However, since in the present reply to the above-mentioned and previously several times diligently pleaded and asked for, no answer or notice was given to them, they must put it this way that no answer (as one is wont to say) is also an answer, and thus understand that this is rejected. But after the reported councilors and ambassadors let themselves be heard in their next answer, where the above-mentioned way of free votes is ever impossible to obtain, that they are nevertheless inclined to give an account of their faith and doctrine, and to engage in such Christian conversation, by virtue of the same their given answer, without hesitation; and Your Grace and favor allow them in the first article of today's remonstrance, according to their request, that their opinion, if they would desire to present such, should not be denied them: they will leave it at that. The like, because at the manifold requests of the councils and envoys, Your Grace and Favor 2) declare that not only the concluding speeches, but also the argu-

1. Hereafter our time determination for the previous number. In the Latin only: Noäie is written.
2. Here "dockt" is added in Latin. The "explanation" is the previous number.

menta and causes, should be brought forward by both parties, and thus the entire act should be written out by the notaries: so they also leave it at that, but that such act and act be delivered to them perfect copy and credible copy, and not be rejected; as such is promised to them beforehand by your graces and favors, and requires the necessity of our most gracious, gracious lords and superiors. And since the third article, included in your Grace and Favor's answer, does nothing for this discussion, but rather might arouse all kinds of disputation, the Councillors and Envoys, reported above, do not know how to grant the same, but leave it at that place with their most recent answer, 3) the 5th of January, reported above, handed over, as well as all other protestations made before. And accordingly ask to start the discussion as soon as possible, to which they have now offered themselves several times, and herewith, regardless of the fact that it has now been delayed for so long without their fault, want to have offered again.

1347: The speech of Peter Paul Vergerius, bishop of Capo d'Istria, to the envoys of the princes of Germany who had met at Worms, on the unity and peace of the Church. Jan. 1, 1541.

This writing is printed from a single edition published in Venice in 1542 by Röder j. o. x. 184. 184 We have been struck by the fact that neither Spalatin in his Annals, nor the more recent historians (as Köstlin, Kolde 2c.) remember a personal presence of Vergerius in Worms. Spalatin (I. o. p. 455) only notes that "the Pabst's skilful, the Archbishop of Vetters sThomas Campegius), made a Latin speech in 1328^, in which he reminded both parts of peace and unity, and commemorated the Pabst with very few words". Melanchthon also mentions this in his letter to Luther of December 17, No. 1349, § 3. - See our note to ? 2 of the following speech of Vergerius.

Translated from the Latin by LI. Aug. Tittel.

Paul to Timothy: Suffer thyself to be a good fighter of JEsu Christ.

Egnatius.

You will of course be surprised and complain very much that for twenty years so much disaster has arisen in Christianity through some inner treachery that you often do not know what you should believe or reject. Which I can credit you with; for you remembered the old

3. No. 1344.

472 Section 2: Colloquium at Worms. No. 1347. w. xvii. S88-S91. 473

The state of the church, which has now been touched so many times by many persecutions, but has not yet been knocked to the ground to this day. Who, on the other hand, should not be surprised that Germany, which has flourished in power, team and people for more than a thousand years, and has always distinguished itself through bravery, godliness and harmony, then also brought the majesty of the empire to itself, and has risen so high through scholarship, has now changed so much in the church, has done so much wrong, and is now, as it were, completely on fire through disunity? But you have to thank God most highly that he mentioned the certain Vergerium, bishop in Justinopolis, who has been in mission for so many years, that he described the whole affair impartially in a short speech to the German princes' envoys, and in two books (or writings) to the most Christian king quite clearly and simply, without much verbosity, the title of which is: "Of peace and unity. And of the last two, "Of the Danger and Recovery Means of the Church." I know you will be satisfied with this. For he has not written out of a desire for fame or vain honor, but for God and His cause, from the heart, in His honor, so that you may not only judge at once where such evil and discord come from, but also see what should be avoided and accepted.

If the speech itself does not seem so eloquent and splendid to you, you must consider that in the discussion of divine things, great eloquence has never been required, because divine things are already beautiful and graceful stuff in themselves, if one only writes them clearly and deals with them seriously. And to my mind, this our (Vergerius) could not have spoken of it more skillfully and wisely in such a grave matter, and it is fitting at the time and occasion, when almost in all individual houses there is talk of a Landsynodo (or Concilio), 1) which would have done great harm to the church, to speak in this simple and common way very well.

Now I urge you, dear reader, to read with pleasure all this that Vergerius has written, because one can take from it quite a model and example of how and with what godly zeal this so glorious, important, but also dangerous cause of Christ and the church can be rightly achieved.

1. Inserted by us.

to write, to act and to write. Would God that those who described the years in this way had either not sought their own honor, or understood it better, or refrained from poisonous invective, or looked more to Christ's honor than to anything else! But I would also like to address my dear Germans themselves in this short saying, that they should remember the old known godly doctrine, which they have received so holy and good, as well as their common and special praise, which they have earned in war and peace; Finally, in remembrance of so many princes and emperors, who have always kept the false doctrine or religion from the borders of Germany with their blood, now also because of the highest danger that hangs over our heads, accept the true harmony of heart with us, and let the torn and disjointed church of Christ no longer hang in such danger. Venice, Oct. 1, 1542 .

Of unity and peace of the Church

(to the envoys).

1 You truly cannot take upon yourselves anything more important, more conducive to true godliness, or more necessary at this time of great stress for Christianity, than what you have already taken upon yourselves for the church, that is, for the bride of Jesus Christ, who is in great storm and danger. If you now want to help her with all your might and earnestness, you are certainly doing something decent. For where this matter is not, there is certainly no other, since one must apply all zeal, diligence and care. Therefore, continue, and let yourselves take these things to heart. Meanwhile, as I see you engaged in high and important business, I want to bring to your mind what you must always have especially in mind, and which must be the purpose of all this effort of yours, namely, church peace and unity. For in such a great storm that God has imposed, since your and all the people's wit and reflection are hardly sufficient, I have also been ashamed to sleep and be idle. But this, what I now want to write, take it in hand and read it sometime, if you have any hour left for shortening time with such your work and toil. For I intend to write something little, but nevertheless Christian, and quite meanly and amicably, as I am wont to do in my dealings with you. And in this, I want to deal with you just as honestly and badly or straightforwardly as I usually do with you. For I do not seek with it my own

474 Cap. 18. of comparative religions. W. xvii, 591-593. 475

Praise, or where I am supposed to seek praise, I confess that I seek only the praise of godliness. And if someone who reads my things wants to call me a lover of peace and the unity of the churches, I will gladly accept and use such a name for the glory of God, who alone gave me this, so that I recognize and consider this to be the right praise. Assure also that I strive day and night for such praise alone, and have turned to you out of love for it.

For you all know that I have now been in public legation for five years, 1) and that I administered the same first in the name of Pabst Clement VII, then also in the name of Pabst Paul III. name. Therefore, as a man to whom this matter is very close to my heart, as a bishop who must necessarily know what is going on in the Church of God, and who was not far away, I had to come here with God at the time when you were holding this meeting, 2) since you, as learned and pious people from all over Germany, wanted to discuss Christ's cause in such a large number, and since I knew that some learned and godly men from Italy and Spain would also come here: Could there have been a better occasion in my whole life, when I could have learned and heard more for my benefit about such things, which belong to the defense of the peace of the church and to the attainment of eternal life and blessedness? But to the matter itself. For I hope you will already approve of the reason for my journey to you.

3. what was concluded and arranged last year at Frankfurt, and a few months ago at Hagenau among the princes and estates of the empire, and even with the consent of emperor Carl V., we know. We know that you will now take action here, that is, you will discuss the business of religion, in which many and great disputes have arisen; and that you will especially carefully consider all the articles contained in the Confession and Apology (or justification of the same) issued at Augsburg and diligently think of ways and means by which the harmony of the church can be established. For this is what both of you have learned from the day's etching (or meeting) of which I have just spoken.

1. Compare in the 16th volume of our edition No. 1218 and the following documents.
2. These words and in general this whole second paragraph seem to us not to be able to be interpreted differently than on a personal presence of Vergerius at Worms. That our assumption is correct, is shown by the Oorp. Rek., Bd. Ill, 1160 ff., because Col. 1161 we read: ketrus kan1u8 Vergerius, rnissus a Oallo.

The Emperor has ordered this meeting to be held in accordance with his wishes.

This is, of course, a great matter, about which nothing greater, more important, more necessary and more decent for your prudence can be at this time (as mentioned above). And all the pious hope that you will act in accordance with your virtue in this matter, and especially be honestly concerned that you promote the unity and peace of the church and the glory of God, and remain within the bounds of your command with the utmost fidelity and modesty, and in sum think of and do nothing else than that a means for peace and harmony be found, which you may state at the Imperial Diet soon to be held in Regensburg and present together with your entire action.

(5) Now here I have a few things to remember. You have, dear brethren, taken Christ's and the church's matter in hand: so you will first consider that you have Christ's body and the head itself, Christ, in your hand; so give the matter itself without my speaking, what modesty, purity, chastity, reverence and devotion are necessary to touch (or touch) him thus. I say nothing more: remember and consider diligently that you are now touching all the members and the head of Jesus Christ, the living Son of God, Creator of all things, who will one day hold the just and terrible judgment over your whole life and all your doings. Likewise, consider that man is a creature of God, and therefore cannot think or judge anything rightly about himself in regard to the Creator Himself and Jesus Christ, His Son and Heir, and that faith, through which we are justified and saved, is a gift of God the Creator Himself, eternal life, the inheritance which He promised to those who love Him, the church is a bride of Christ, and that you can therefore, with all your human wisdom and erudition, however great it may be, act rightly and conclude something good about our faith, inheritance and the bride of Christ, if the author of faith, the Lord of the inheritance and the bridegroom himself, is not with you. Therefore let all your hopes and thoughts be directed to Him who is the God of hope, and who alone can make both parties one. For if your mind and courage are set on anything else, and you have such things in mind in Christ's cause as flesh and blood would counsel, all will be in vain, and you will not help the salvation of souls or your own good by it. You know who said, "Without me, you will not be saved.

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you can do nothing"; and: "Every planting that my Father has not planted will be uprooted. I say again, what you will never leave out of your thoughts, all your hope, counsel and thoughts must be directed to God, that you seek not human but heavenly things. Now that the foundation has been laid and fortified on the cornerstone, which is Christ, I will go on.

(6) There are some among you who often complain that much evil has crept into the church, and therefore you desire that it be abolished and that the church be restored to its former purity and rule. I see, then, that you already agree with us on the sound of the words, for you want evil or vice to be abolished and the church to be purified; but you do not agree on the meaning of the word "vice, error. For we call avarice, pride, cruelty, intemperance and other such disgraces and misdeeds in life errors (vices), likewise also all transgressions, injustice and corruption in doctrine and good order; which latter we also call by a closer word abuses, but I see that you also call not only this error (or something evil), but also various doctrines and orders, which we have now been using in the church for many hundred years. But I will first deal with these, and then also with these, but both recently.

(7) Of the former, all righteous people confess that much has been torn into some people's lives and customs. For this is how it is that human weakness has many infirmities, and always more than the other. And since the first beginning and foundation of the church, when it was governed by the most holy disciples of Christ himself, there has been almost no time when abuses have not manifested themselves. But one must strive to eradicate them when they grow again. No pious person denies them, no one defends them. And I know that quite recently some have been stopped, and the others are also to be gradually swept out or used less. And I say, by and by, because if we were to practice cruelty with fire and sword in order to get rid of the old plague in one day, we would only make everything bitter and perhaps inflict greater, more protracted 1) and more dangerous wounds. You should know, however, that those whom God, from whom all power comes, has placed on high, as it were on a perch, above men, cities and countries, kingdoms and empires.

1. In Walch's old edition: "more boring".

We, who do not rule and do not know much about matters of government, see much that is hidden from our eyes. In our time, in a famous state (or common being) of Italy, there lived a citizen who had been for himself and did not want to accept a sovereign office, even rebuking those who accepted such. I (he always said), if I had been mayor this year, I would not have done as our mayor did, I would have started differently, and acted and behaved differently with you. 2) In particular, I would not have been able to tolerate such a perverse life of many citizens, nor would I have been able to chastise them as slowly and sluggishly as he did, even if I had had to chase all citizens out of the city at once. Many of those whom he had attacked in such a way, since they understood trade very well and thought everything out wisely, urged him to take over the government. He did so. Behold, now that he had done it, he did it just as the others had done, whom he had rebuked before; in particular, he considered himself well in everything, and did not act too hotly if the citizens' manners were to be improved. When such things were reproached to him, he said: "I was sitting at home in a low, dark place before, because I could not see everything that you see from this high place, and what I see now that I have come to this high place.

(8) Now, if someone admits that in civil communities, where the corrupt life of the citizens is to be improved, it is necessary to act very prudently and wisely and to wait for some difficulties to be solved in time, he must necessarily also admit that in the Church of God it is also necessary to act in this way, because it must especially need goodness, kindness, patience, love, etc., so that we may win the souls of Christ without turmoil, noise and danger. Although I confess that we would have done much better if in one hour (for I do not want to say days) we had destroyed everything that hinders Christ's honor; and would God that we were so strong! But I ask you, for the sake of His name and blood, to take care of our weakness; let us abolish little by little what has crept in, which is contrary to the following and teaching of Christ; in short, as for putting an end to these errors and abuses, know that such things are not despised at all, for they are being dealt with, and I hope that they will be abolished. Do you not see what God is doing in our times for many and good minds?

2. In the old edition: "paired".

478 Cap. 18. of comparative religions. W. xvn, 5S6-SW. 479

and people, and have recently sent some of them to the Roman church, but have sent others elsewhere, so that where some of them are bishops, they govern their districts themselves and edify them both with preaching and life, which everyone considers to be the proper and necessary office of bishops (and it is dealt with that each one should remain faithful to his profession and office); But where they are neither bishops nor pastors, but otherwise honest people and lovers of Christ, of whom there are now many, they travel now and then, and from their fire kindle the fire in other hearts?

9 Do not think that God does this in vain. For he is indeed a consuming fire, as Paul said, but believe firmly that from these coals great lights will be kindled in the church in time, which will dispel the darkness and night of the church. Therefore, in this discourse, you will focus on the most important thing, that you do not have to worry so much about abuses.

I now come to the other part, namely to the teachings and orders which seem to you to be wrong or unjust in the church of God. If I were to take the liberty in this intimate conversation (for that is what I call it, and not a speech, for I do not wish to be a speaker here) to speak my opinion to you as a man without a profession and to appear before you, then I could be rebuked in many ways. Therefore, I will keep my opinion secret this time. But listen to what I want to say. The confession and the apology (or justification of the same), of which I have spoken, contains the first article of the triune God and of the whole essence and nature of the same. About this we have no dispute. For the theologians of the Protestant princes have never touched anything 1) concerning the fundamental doctrines and the nature of the Godhead. But if one comes to the other article, namely, original sin, which carries with it some important articles that are included in it and belong to it; likewise, if one comes to other following articles, which it is not necessary to mention here: Keep this firmly and be well ordered that this time and place should not have any spectacles of quarreling over words or other crickets, since one wants to show one's astute mind, eloquence, great erudition, memory of many things, and the like. However, you have something important and great to do. Therefore, let your

1. Instead of attixistis, read attixsrunt. (Walch.)

In this way, all quarreling over words and vain boasting will be removed from this assembly. Then remember that some of the doctrines and points dealt with in this Augsburg Confession and Apology, and which you are about to discuss among yourselves, were already examined and worked out by many excellent people before these times, and see to it that the understanding and judgment of these old people are not disregarded. For there were learned and pious people even in those days, and they may have been better than we. And do not imagine that they were so far from the right path and without the grace of God, which enlightens pious hearts, especially at that time, when they acted without envy, dislike and enmity, not only for the people of that time, but for the whole posterity, the cause of the church and the souls. In the following times, one and another abuse and superstition may have crept in among the good teachings. I will gladly eradicate such things from the bottom up and have the place cleansed; But you will diligently observe the first statutes and all their power and godliness, that they at least had a good beginning, and thus to observe the pious people, our forefathers, who have now introduced such things for well over a thousand years (where they only introduced them and not rather from the hand of those who were before them, They have taught them and acted in the church and house of God, in which the Comforter, the present Spirit, has never been absent, unless one wants to make Christ, who was the highest truth, a liar. But if someone were to say that they were introduced without the word of God, this can hardly be said of men who have not only studied the gospel all their lives, but have also been very godly, innocent and holy. But I ask you: if Jesus Christ had not taught the same statutes (unwritten doctrines) in the Gospel at all, as little as the apostles (for you Protestant theologians tend to reject almost everything that Christ and his disciples did not clearly teach), whether you would then want them abolished in the church, whether they would agree with the divine Scriptures (namely, with their purpose) and serve to preserve love and godliness, and to strengthen good order and church government? I do not think that any of you will say that they are, nevertheless

2. Solis, not solus. (Walch.)

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should be abolished. But if anyone should say that they do not agree with the Scriptures, that they cannot edify or preserve our godliness, or support the church government, I, in turn, would complain that you too rudely and proudly despise the judgment, learning, and holiness of those holy people whom they have bequeathed to us. I think a lot of our time, because many learned people have appeared in it. But we are far from being equal to our ancestors in innocence, honesty and zeal towards God, and are far from being as rooted in His love as they were; but God would that we were! As for these same teachings and statutes, let the reputation of those of whom I have now spoken, and then also so many years, yes, centuries of custom, from which it is not easy to depart, count for something with you. Then think also that now peace and unity of the church are spoken of, which is so necessary, not to preserve possessions and goods, but even life, liberty and honor, and, which is the most important thing, to make souls blessed, and that some things must be interpreted for the best and viewed from the side, which would be best suited to ward off hatred and strife, not only for the sake of the peace of your people, but also for the best and highest need of all Christendom. Here it would be necessary to give examples of it, and to explain the intended thing a little. For the doctrines and statutes which we have kept, but which some of you have abolished, are not of the same kind. For some are more holy or godly than the others; some do not serve so well for faith and godly living; some are newly arisen, but others are older and more established. Therefore I should now say which doctrines and statutes I now mean, and what interpretation I think should be made of them. That, I say, was appropriate. But I only said before: I do not want to get involved in such a trade, which is your work. I therefore pass over such, and meanwhile continue to speak of other things, until the desired day of a Concilii comes, when both I (though the least and as it were an untimely birth) and all men of other nations may freely speak their opinion of all articles.

(11) But taking all these things which I have said before you, see diligently that ye make not the wound of the church greater, nor rend it more in pieces. Away with all partiality, if there be any among you, and with all particular strife of your princes and your own! On the other hand, let conciliatory minds be,

The desire for the peace of God and the glory of our God, and a complete love among each other, so that one part may follow the other, so that from this the settlement may arise, which we may call unanimity or concord.

(12) Finally, remember that the church is Christ's bride, as it were, and that therefore the body of Christ, and all of us who are Christ's fellow heirs, are members one of another of this body, that is, of his flesh and of his bones, as Paul says, for which reason it must be one and the same body. Otherwise Christ, our head, would be greatly wronged if one part of him and the other body were torn off; but much more if such a part were to fall apart again into small pieces.

Now I must say a little about the Synod, for this is indisputably part of our business. Start from the times when the church flourished most, when the apostles of Jesus Christ taught the gospel in it in a completely new way, and go down through all the times, so that you put before your eyes and before your senses everything that happened in it: When you read that a controversy has arisen about faith and religion, you will also immediately read that meetings are being held, even in the same times of the apostles (which not only wise men, but also the Holy Spirit Himself, considered the best remedy, (Not only wise men but also the Holy Spirit Himself considered this to be the best means to quiet the disagreements and indignations of the churches, to dampen the hatred, to bring out the truth), and that the truth was thus often revealed and explained, the noise quieted, the hatred subdued, and everything was again brought to peace through spiritual meetings (synodos). For there the love and wisdom of God pours out more abundantly than elsewhere in the hearts of men. Since this is the case, why do we not unanimously strive for such a holy council to be assembled with the closest of all? This is the right place, where learned, pious and intelligent people, not from one region or another, but from all nations and kingdoms, discuss the matter of faith and religion, which is common to all peoples and nations born again in Christ through baptism and the Holy Spirit. For although your Germany is now especially full of discord and danger before all nations, yet it will greatly benefit the godliness of all Christendom, and strengthen the faith of Christ and the church, if a general synod or concilium is held, when once the state of affairs in Germany may be quieted, that it may not become worse, and that other nations may be affected by it.

482 Cap. 18. of comparative religions. W. xvii, aoi-sos. 483

tamed and kept from falling into the same divisions and danger. But we would never have such a benefit from a mere national concilio among you. For what unity or security of the church, or harmony among Christian nations, what friendly love and honor of Christ would result if you alone concluded something among yourselves about the matter of faith, which neither France, nor Italy, nor Spain would accept? For none of these nations will so easily accept something that has not been concluded in a general concilio and acted upon unanimously beforehand. Thus, with your German Concilio alone, you would remain separated from all other nations, with their great disgrace and contempt. But I also think that this would have been the Emperor's opinion, that after this discussion of yours, and after the Imperial Diet at Regensburg, such a general concilium would be held. For the wise prince has willed that in the meantime you should deal with the matter among yourselves, 1) and that your minds, which seemed somewhat divided and embittered because of the long dispute, would gradually be soothed and united, if you had discussed among yourselves the matter of Christ, who is our reconciliation and peace. And here I heartily exhort you, who I consider all of you brothers, to put away all old quarrels, where any still remain, and to put on the weapons of harmony, the weapons of peace, the weapons of love. You must do this if you want to promote either your own peace, welfare, security, praise and salvation, or the unity, peace, glory, and blessedness of the entire German nation, or the unity and peace of Christ and the Catholic Church.

But I come back to the Concilium. I have only said that without a doubt Carl V, Roman Emperor, was anxious for it, which is why he wanted to let this meeting of dialogues precede, so to speak, as a precursor of this Concilii. But when I mention the Emperor, I always mean Ferdinand, the Roman King, because he has all advice and suggestions in common with his brother, as a king of excellent piety, innocence and godliness. Now I add that Franciscus, the most Christian king in France, a gentleman who warmly desires and seeks to promote the peace of the churches, is waiting with great desire for the day when a general concilium will be held, all for your safety and good.

1. "ruäirstls, believe yourself], it should be SKitarstis, or another word.... (Walch.) -We assume: srusrstis.

(15) But there is one thing I would like to say: The Concilium itself we have always wanted, and still want, but only a fine Christian and free one, that is, with the points that you already know, who have once dealt with us about the whole matter. Answer: To this I say: Dear brethren, where ye are rightly devoured by the zeal of the house of God, I beseech and entreat you by such house of God, that ye will not first confound and endure this business of the Concilii with many points, for otherwise ye delay and hinder the very swiftest and best remedy against all your danger and mischief; but rather postpone all your demand and dispute, both concerning the judges in the Concilio, and how far the standing (or pronouncement) of other Concilii shall apply, until the time of the Concilii. For there the Holy Spirit will teach you what is to be done for Christ's honor and the safety of the Catholic Church, and unite your counsels and good will with ours, and ours with yours. Let only this be certain, however, that the Concilium is necessary for you, and that all who wish you and Christendom well will gladly keep it.

16 And beware lest one day we fall into suspicion, but have to say outright in German that you do not trust your cause and do not want to be judged by a general concilium, which we will certainly have to think and say one day when we see that you either want to have only a German concilium or argue about the points of a general one before you come to it.

Now, without a doubt, no one sees better than you yourselves how things stand with you, therefore it is unnecessary that I first prove and show your danger. For you yourselves are always complaining that many dangers are now hovering over you, since your brave and contentious nation is so divided and torn apart in the matter of religion. You are wise to be so afraid, for you are truly facing terrible plagues and dangers that are very great and near. For you have to be afraid of internal and civil wars, which, however grave and dangerous they may be, you have been able to judge, since such occurred among you a few years ago, arising from your discord in Christ's cause, especially at the time when the devil and all the fiends (Furies) rounded up from the villages and towns the innumerable mobs of peasants, who were snatching money and goods from your citizens, priests, princes. What should you expect from such people, who were not much different from wild cattle, for murder and jam?

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If God had not shown the danger for a moment, as it were, and taken it away again, that He might, with His fatherly grace, draw you from the discord out of which such mischief arose to harmony, and so control the same fury and recklessness, the like of which danger one almost never experiences? For, alas, one has seen; one has indeed seen that everywhere in the country scorching and burning has taken place, that no age, rank or sovereignty has been spared, that all have been raged against in the same kind of fury, that neither ecclesiastical nor secular persons have been spared, that only the nobility has been attacked, and that everything has been set on sword and violence.

(18) After this, you must also be afraid of foreign wars, for they will see, yes, they already see, how your quarrels and disputes increase, and they will attack you at the time when they will see that such disagreement is strongest, or they will wait for the opportunity when your homeland has been most destroyed and overthrown by internal wars, then they will fall upon you with the greatest fury and their usual cruelty and violence. God, in mercy, prevent it and avert all the worries!

19 Such danger concerns your goods, fatherland, freedom, life, wife and child. But there is a much greater danger, that of souls. For you must remember that out of your discords and quarrels come men who want to tear away from the church the true food and drink and nourishment of our souls, over which we have nothing more lovely, more theatrical and more divine, that is, who publicly deny that in the Lord's Supper is the true body and blood of Christ. This opinion, as you know, has spread in some of the largest cities of Germany, and has infected not only one or another city, but the very most and firmest cities and countries in Switzerland, which are called cantons (or districts). And God grant that it may be true what I heard from you the other day, that some learned men, who for a time had been of this erroneous opinion, have left it, and now hold it with us, and in such cities and countries have now begun to teach another. Afterwards, it must be remembered that out of this very discord came forth the godless swarm of raging people called Anabaptists, who are all strange names and monsters, who dared to deny in a cursed and abominable way that God took human nature from Mary. O shame and abomination of our times! So

If we tear apart the church, that is, the pillar and foundation of truth, and do not immediately close the crack and plug it up again, we will finally fall little by little. I shudder to think how many thousands of souls, which Christ washed away with his blood, Satan stole on the occasion of these two unfortunate sects. And we must not hope that such a great freedom or impudence of ungodly teachings will be inhibited and taken away in the future. For new monsters will always swarm forth, we will always see new weapons 1) and new blood, always new loss and damage to many innumerable souls, if your discord is not quenched, and we do not establish a quite firm, well-founded and stable church, which teaches a 2) united faith (for one thing is indeed necessary, which the truth itself has said, so that no one else can or may teach or think otherwise). For the tremendous strange doctrines, of which I have spoken, have arisen nowhere else than from the divided and torn church, and from the impudent freedom to teach, which every evil-doer has taken in such confusion and wild state of the times.

20 I have reluctantly and with melancholy thought of both the sacramentalists and the shameful madness of the Anabaptists. But I have thought it good to point out to you the highly important reasons for which you should think day and night about promoting the necessary harmony, that is, the salvation and welfare of your souls and bodies. I have said that this would best be restored by a general concilium. This, methinks, is also the opinion of all Christendom, which requires the same; all countries and nations, all princes and kings are so minded; yea, the Holy Spirit Himself wants it and sees it good. Therefore, you must think of such a concilium, always have such a concilium in mind, and make yourselves ready and prepared for such a concilium. But whatever we think, speak, begin, and do, in whatever matter it may be, but especially in this one, we must do it all for the glory of God.

(21) In particular, let us be diligent to reconcile him and have him on our side. But the sacrifices are known by which God is reconciled and becomes gracious to us, namely, when we

1. He aims at the Cadmean brothers who came forth armed from the earth. (Walch.)
2. unarn stands. However, it must be understood üäss or äoetrina. (Walch.)

486 Cap. 18. of comparative religions. W.xvii.evs-sos. 487

We can take off the old man and put on the new one, if we put off the life we led before, which was not without guilt or unholiness, and adorn ourselves with innocence. If we do this, the Lord our God will be with us, and from Him, as the living and eternal source of all good, the fullness will flow down upon us, namely, instead of quarrels and enmity, reconciliation and love, instead of danger, safety, instead of unrest, peace and tranquility, instead of toil, hardship and war, pure quiet and welfare, instead of eternal destruction, which one should have feared, eternal salvation and life. Worms, January 1, 1541.

1348 Melanchthon's letter to Joachim Camerarius about the actions at Worms. December 25, 1540.

This and the following letter are found in Melanchthon's "xist. (according to the London edition), 11b. IV, p. 771 and lib. I, v. 91, also in Röder 1. e. p. 49 and 51 and in the 6orp. Lei. vol. ill, 1247.

Translated into German.

To the famous and esteemed Mr. Joachim Camerarius of Bamberg, public > teacher of the high school at Tübingen, his most honored friend.

Hail! God, the Father of our Savior Jesus Christ, Creator of all things, grant to His Church, to the worldly regiments or states which receive the true Church, to the good arts, to you and to your whole family a happy, peaceful and salutary New Year! I accept the good premonition of which you write. I hope that it will mean the end of the distasteful and annoying actions that have been carried out here. Nowhere can anything more ludicrous and childish be set in motion than this. After, as you know, three princes' envoys, the Palatine, the Margrave and the one from Jülich, arrived here, they rejected Ecken's way or regulation, and modestly gave to understand that they put up with our opinion. L. Gellius 1) wanted to become mad, and considered it something shameful and insulting that in his presence some nevertheless left the pope's side and joined us. That is why he sent the old envoy of the Palatine 2) and the secretary of state

1. This refers to Granvella.
2. Spalatin, Annalen, p. 462: "den frommen, alten ehrlichen von Fleckenfiein sammt dem pfälzischen Kanzler".

(or chancellor) to come to them and asked them to let theirs sign the Eckian way (of disputation). But they have steadfastly refused to do so. I have heard that an attempt was also made on the old prince himself. After that, another rank was devised. Because they saw that Alesius 3) was disputatious, they ordered new and individual disputations with the others, so that he would not, as before, take the place of the others. For they hope that if they were to argue individually in this way, they would be more despondent, and some who did not understand the corner's tricks would be more easily overcome.

Here I have now, since ours were not so ready, written on behalf of our preachers to L. Gellium and the judges (or presidents) that the adversaries should rather dare one with us. The Palatine theologian had already been heard in the presence of those from the Sorbonne, and had won the praise of godliness, steadfastness and scholarship. 4) But after our letter was delivered, these individual fights had their end. Alesius was ready and eager to fight (or dispute), and the hour was already set. But L. Gellius ordered that the dispute with the others from the Mark and from Jülich should remain. I send here the copy of the letter, and hope you will be satisfied with its freedom and emphasis. Afterwards, new consultations have been held, which we will hear today. For I wrote this first letter early at the beginning of the new year, which seemed to me to become more blissful if I had a conversation with you, as it were. The messenger requested the letter in the morning, since we did not yet have the story of that day. I hear that the Dutch procrastinator is studying something great. But God will guide this. Farewell. Christmas Day in the year 1541. 5) Phil. Melanchthon.

1349 Melanchthon's Letter to Luther from the Worms Meeting. December 17, 1540.

See the previous letter. The time determination is set by us according to Burkhardt, p. 366. In 6orp. Lei, vol. ill, 1227.

Translated from Latin by M. Aug. Tittel.

3. See below the letter fNo. 1350^: Continuation of Wormsian History. (Walch.)
4. Compare Spalatin 1. e. p. 463.
5. That is, Dec. 25, 1540; Christmas Day was used to begin the new year.

488 Section 2: Colloquium at Worms. No. 1349. w. xvii, eos-sio. 489

To the highly famous and dear man, Mr. Martin Luther, Doctor of > Theology, the restorer of the pure doctrine of the Gospel, his > exceedingly dear father, wishes P^hilipp] Melanchthon's

1. salvation! May God, the Father of our Savior Jesus Christ, who became a sacrifice for us, grant you and your family a peaceful and happy year for His Church and the World Regiment, which are the hostels of the true Church. All these public disputations have not yet begun; they are the fault of the adversaries, who have arranged secret meetings among themselves, so that they either learn the minds of their own, or first take away their votes, or forge articles, which they then present to us, so that the disputes may be moderated. When they had held council about these articles for almost a whole month, with Scotus quarreling with the monk Pelargus and Mensinger (for they are the champions), Eck finally drew up a formula (or precept) of the two articles of justification and original sin, and boasted that no better formula (or draft) for concord could be brought even from India; and such (formula) he presented to his own, and had them give their votes or opinions, which he sought to force.

God has guided and strengthened the hearts of others so that they do not agree to such fraudulent and false articles. Ecken's formula (or essay, draft 2c.) has been rejected by three princes' envoys, the Palatine, the Margrave and the von JÜlich. They have confessed modestly, but still outright, that they considered our opinion to be good, which is in the (Augsburg) Confession and the Apology. The others are quite mad about it, and go about excluding such envoys of the three princes. Since they do not dare to do so, it is decided that Eck should hand over his opinion to the presidents in writing; likewise, that the other three should hand over their opinion, which they have expressed, in writing. This was done yesterday, Dec. 15, 1). So the three princes' envoys are somewhat separated from their opponents, and I do not know whether they will continue to meet in their discussions. We must fight for public disputes, so that the votes are not cast until the issues are settled. The adversaries are striving in both pieces through all the intrigues,

1. It should read "the 16th", which the 6oä. Ootd. also offers.

either to hinder the disputation or to entangle us in their opinions. But we will not accept articles from the opponents. They may freely dispute with us in public, hold opinions against each other, and then make the Son of God the judge. For of him the heavenly Father says: "Hear him!" Although they have kept their deceitful formulas (or essays) secret until now, I have seen them. They are children's games; with unlearned ambiguities they want to fool the simple-minded. I was also asked to write a formula. But I said: I wanted to express my opinion publicly. I realize that they also want to ask others what they think. We hoped that those from Cologne would also approve the true opinion of justification and reject Ecken's formula (faith essay). However, they have not only duped us, but also increase the danger of those three who have not agreed. The councilor of the Cologne Reformation or change of religion, Gropper, at first wanted to seem quite reasonable, and now he wants to unite the opposing opinions in such a way that one should think it had been only a dispute of words so far. But since I had refuted such antics quite freely, he said that he was surprised at my vehemence and heat, and that I should be left out of the disputation. I asked him to do that for me, so I wanted to give him a very nice gift for such kindness. gift for such kindness.

3 The papal legate made such a sorry speech, and in it he said that he had been appointed by the emperor. He said nothing about his authority in this synod (or discussion meeting). I wanted to answer him immediately, but Granvell prevented it. And when Franciscus said to him: I would answer humbly, he answered: I know well that he is modest when he feels like it.

When Scotus was discussing faith and doubt, the monk Pelargus said that it was right to doubt, because Paul also said (to the Corinthians): "I am aware of nothing, but in this I am not justified. Thus he wanted to help the doubt (or the uncertainty of salvation). The adversaries have chosen such riddlesmiths, so that they would have the appearance of wanting to create harmony.

They say that the emperor has returned to Brabant because of the French legation. But I do not care about such fairy tales, and let it be as it may. We hope that Corvinus is alive, although it is known that of the

490 Cap. 18. of comparative religions. W. xvii. sio-ms. 491

Wolfenbüttler (Lupisacculo) tyrants are sent to intercept and kill him. But God is keeping watch for us. Be well. God, the Father of our Lord Jesus Christ, keep you and your virtuous wife and the sweet little children and the whole house. Given at Worms, Dec. 17 1530.

There you have the true and entire course of history, which you will also send to D. Brücken (Pontano), the chancellor, and for my sake you will report to him a most obedient greeting. Philipp Melanchthon.

1350: Melanchthon's Continuation of the History of Worms to Luther. December 28, 1540.

See No. 1348. in 6orx. Lei, vol. ill, 1257.

Germanized by M. Aug. Tittel.

1. Continuing the story one after the other in the manner of Polybius, I will tell you what happened in response to the next letter, which I gave to a citizen of Wittenberg as a letter carrier.

After the envoys of the Count Palatine, the Margrave and that of Jülich rejected the articles of Eck, Granvell sent for the envoys of the Palatinate, the old gentleman of Fleckenstein, a venerable, respectable, virtuous man, of old grist and corn, and the chancellor, and requested that they should order their theologians to sign the Eckian formula. They answered wisely and emphatically: they did not want to force anyone to follow others against his conscience. After that, a new discovery was devised to tear the above three from each other, because they did not all seem to be trained in the same way in the old sophist's art (or fraudulent way of conclusion). So that Scotus (Alesius) would not speak for the others, it was decided that all of them should be discussed individually, in the presence of the foreign Sorbonne theologians, so that they, frightened by the sight of them, would also become stupid.

I have written a letter 1) in the name of our preachers to Granvella and the other judges (or leaders), and in it I have asked that they should rather dispute with us about the matters in dispute. Since such a letter was delivered, the adversary's intentions have changed, however

1. No. 1337.

they had already heard the Palatine's preacher, who won the praise of both a steadfast and a learned man. Scotus wanted to bite in such a fight, but immediately after the first conversation with the Palatine theologian all disputation ceased, D. Caspar Cruciger copies our letter for you.

Now they finally appear as if they wanted to hold the disputation in public. We are then summoned to the town hall, where the judges say that it is not the opinion of the imperial command. The judges then say that it is not the opinion of the imperial command that a different division of votes should take place. They added that the opponents had drawn up articles that were to be handed over to us if we wanted to accept them. But we have completely rejected such a procedure. I have enclosed the copy of our reply to this letter, from which you will see what they proposed. For they proceeded to exclude the envoys of the Count Palatine, the Margrave and the envoy of Jülich by trickery. We had many high and important causes to reject the articles. For I had seen them before, and knew how childish, ambiguous and deceitful they were set.

5 A new consultation now follows. Granvell demands that a few people start a conversation with him. He says that he wants to take a few who can be guided and with whom something can be done; we have also refused.

Now we are waiting to see what answer they will give to our request, which you will read in these lines. Because we have not yet received an answer to these refusals of ours. It is indescribable how the adversaries always crawl together, and what pranks they bring on the track. Therefore, you will ask God to govern us.

7 Our people are still completely united at this time, praise God! There are some who let it be known that they would like to be at Granvellen's will, but they do not dare to separate themselves from the others or to contradict them.

Here you have the whole history of our actions up to the present day. Be well. Please, greet your virtuous wife. Given in Worms, on the day of the innocent children 1541. 2)

2. This is: December 28, 1540.

492 Section 2: Colloquium at Worms. No. 1351 f. W. xvn, sis-ms. 493

1351 Melanchthon's letter to Joachim Camerarius before the conversation had even begun. January 13, 1541.

See No. 1348. also in 6orx. Lok., Vol. IV, 19.

Translated into German by M. Aug. Tittel.

To the highly famous and esteemed Mr. Joachim Camerarius of Bamberg, > his best friend.

As the Proteus, when he is finished with all fabrication and cunning, takes his first and natural shape again, so the adversaries, after playing all kinds of tricks here, finally come back to their first pretending and trading. They begin again to give hope to a conversation. Before, L. Gellius 1) insisted very much that the public discussion be left, and that a few be taken and selected from both sides, whom one would like to let act briefly to mitigate the disputes; and some of our party had quite a bit of desire for such a proposal, either because they were afraid, or because they thought to be at L. Gellius' will. Now I, too, certainly desire peace as much as anyone else, and have always thought that some things should be overlooked for the sake of peace and quiet. However, I have indicated what seems to be hidden under the proposal of a narrower committee in the discussion, namely, that one is trying to market made-up (or fraudulent) mitigations. I did not wish to help make such things myself, nor did I approve of them, even if the French and Spanish armies were already at the gates. Christ, as he was about to go to the cross and ascend, asked the heavenly Father: "Sanctify them, Father, in truth. Your word is truth." But what else would it be but to contradict such a prayer, if one wanted to play tricks and monkey around with the doctrine that is so necessary in the church? To some it even seemed as if I had spoken too vehemently. But after my opinion had been understood, no further thought was given to the discussion in the inner committee.

Finally, it was decided that we should let the above three, 2) and those who would otherwise not agree with most of the group, not speak out their opinion orally (but

1. Granvella.
2. This probably refers to the three envoys mentioned in No. 1348 "of the Palatine, the Margrave and the von Jülich".

in writing). One had to either say yes to it or walk away. We had gained a cause or opportunity to break off the whole deal here. That is why it was argued which would be more useful. I put forward reasons on both sides, or rather admonished that this point should be diligently considered. For I did not want to make the pronouncement, and you know that it is not in my office. The four-man fighter 3) advised in a very vehement speech to break off the conversation, and absent-mindedly very much lashed out at me. But most of them liked the more thoughtful opinion (or resolution). So it has been conceded that those who would be of a different mind than the majority, would put their opinion in writing. Now that the conversation is to begin, behold, how fickle are the minds! they themselves regret it, who nevertheless advised the above timid or more modest resolution. Since I believe, however, that we are still acting smoothly and yet bravely, I can await the rest of the battle all the more calmly, and will remain in tune with ours, and ask God to rule our hearts, actions and events! 4) January 13, 1541.

Philip Melanchthon.

1352 Imperial rescript to Granvella of Jan. 15, 1541, that the colloquium should be suspended until the announced Imperial Diet at Regensburg, because many difficulties had arisen, and then everything should be better handled and settled. Communicated to the Convention on 18 Im. 1541.

This document is found in Latin in Röder 1. c. x>. 153 and in the Oorx>. Rec., Vol. IV, 28; German in Spalatin's Annals, p. 521.

Emperor and King. Well-known 2c.

We have received your last letter, from which we have understood, as from several other previous letters in which this has been sufficiently indicated to us, everything that has happened up to the day on which you recently wrote to us, that both of you and the presidential commissaries and commanders have not been able to further and bring about the conversation that has been started due to obstacles and difficulties that have arisen.

3. xxxxxxxxxxx, perhaps Alesius Scotus. (Walch.)
4. What follows in this letter is of a purely personal nature, therefore rightly omitted by Walch.

494 Cap. 18. of comparative religions. W. xvii, sis-sn. 495

den. We are also certain that you have shown good diligence in this matter, and that God, for the sake of a better end, has decreed such a thing; and that God, according to His divine goodness, grace and mercy, will provide you and all parties and parts with the proper means and ways at the next Imperial Diet, so that Germany may again be brought to Christian unity, so that God may be served sacredly and peacefully. And in particular, we have taken good hope that with God's help, as you clearly write to us, all parts are most inclined and willing to peace and unity; which is now very pleasant to us, considering that we desire nothing higher and more fervently, and that for this reason we have left our kingdoms in Hispania, leaving all other things behind, and have taken upon ourselves such a great, difficult journey. But since the beginning of the conversation has so far been delayed, and, as you have indicated in your letter, there is still some difficulty, it seems most convenient to us that, after receipt of this letter, whether the conversation has begun or not, you and the noble Roman king, our brother, should leave Hispania. Roman King, our brother, Orator, and the commissioners and commanders mentioned, that you take care to make an honest, agreeable and amicable farewell, so that the next Imperial Diet may neither be prevented nor delayed, and that the parties arrive all the sooner and more promptly at Regensburg, where the Diet is scheduled, to which, with the grace of God, we ourselves have resolved to travel at the end of this month, and then to take the work in hand as soon as possible.

We also want to seriously admonish both parties and order them to appear at Regensburg, after all excuses have been made, and to consider and move how much they care about this unity, and that such unity can never be established so well and so easily as at this time. That they also want to consider our office, effort and work, directed to this end.

In addition, we want to remind them that each of them should in the meantime consider and, out of Christian love, consider the ways and means that serve to bring about a true public peace and peace for all. For as much as our office deserves and is entitled to, we constantly apply our diligence to it; we also want to show ourselves and keep ourselves in such a way that, with their help and assistance, a good end will result; so that all of Germany will see that our

We have therefore ordered and imposed the above things on your diligence, and all that you shall deem convenient and good, so that they may all prepare themselves for the future. Therefore, we hereby order and impose the above matters on your diligence; also all that you will consider and regard as convenient and good, so that they all get ready and come to the next Imperial Diet, as reported above; and that you come to the most conducive, as far as possible. And since we are sure that this will happen shortly, and we are already on our way, we will keep the other things mentioned in your letter for the same time, about which we will give you an answer by the next mail. Dearest, may God preserve you through His holy protection and protection. Written at Sersburg, on the fifteenth of January, Anno Domini 1541. Carolus.

Baur.

1353 The conversation edited by Melanchthon, which was held between him and D. Eck from the convent at Worms from January 14 to 18, 1541. Issued in 1542.

This writing has been published both in Latin and German in a single edition. The title of the Latin one is: Colloquium Wormatiense, in titulum 1540. auctoritate inuictissimi imperat. Caroli V. Augusti, ad dirimendas controuereias ecclesiasticas. Acta Ratisbonensia, adiungenda editioni proximae. De manifestis abusibus potestatis pontificiae. De ma. nifestis abusibus ecclesiasticis et emendatione. Re sponsiones principum vtriusque partis de Ratisbo* nensi colloquio. Cum praei. Philippi Melancht, Witeb. 1542*. quarto. Reprinted in Mellsucbtbonis opp., toru. IV, x. 644; in Röder, äs solloqu. VVormat., p. 124; Melanchthon's preface also in his ernst. (London edition), p. 74- The title of Melanchthon's German edition is: "Alle Handlungen, die Religion belangend, so zu Worms und Regenspurg auf gehaltenem Reichstag des 1541. Jahres zugetragen, nemlich, das Buch, welches Kayserliche Majest. zu Regenspurg lassen fürlegen, als einen Weg und Mittel zur Einigkeit in der Religion, samt den Gegenartikeln und Antworten, so darauf gegeben. The discussion at Worms in 1541. Concerns of the Reformation of the Churches, presented by Phil. Melanchthon. Wittemb. 1542." Quart. Reprinted in Hortleder, Von den Ursachen des deutschen" Krieges, tom. I, lid. I, cup. 36, p. 174. The conversation itself, with Melanchthon's preface omitted, is found in Eorx. Lei, vol. IV. 33-78 in Latin.

When I think of the Colloquium in Worms, the bitter pain and heartfelt sorrow I felt at the fatal departure of two men who were dear and dear to me from the bottom of my heart will be felt.

496 Sect. 2. colloquium on Wprms. No. 1353. w. xvii, en-sw. 497

I immediately felt anew in my heart the feelings of those who had been my very good friends. That was D. Capito and Simon Grynäus, whose early departure, because they were as excellent, learned, virtuous and godly men a special adornment of the church of Christ, is not unjustly blamed and lamented. For, not to mention our uncolored friendship, which will one day be much more loving and unmoored between us, when we will be with each other at Christ's, the prophets' and apostles', Grynaeus did this: When he saw that being learned would be a special adornment to the Christian church, he made every effort to awaken in the hearts of the people a right desire and love for the liberal arts, sent out the best very old authors himself, and explained them; for he had such an ingenuity that he could grasp good arts and languages quite quickly. But this fame is even greater that he did not neglect the Christian doctrine, which is practiced in the pure churches, but always read the writings of the prophets and apostles with diligence in addition to the studio philosophico. Capito, however, taught and instructed the Christian church both with a lively voice and useful writings.

2. That I now speak only of our meeting in Worms: We were sent to talk to each other in a friendly and peaceful manner, but at the same time (as is right in the church of God), so that the disputes in the articles of religion could be resolved and the right truth could be discovered, and we hoped that we would have such leaders and judges with us who would not be dumb, but would put an end to the useless bickering and agree on the right opinions that would serve the good peace. But since the adversaries had no desire for public discussion and forged among themselves a number of clumsy and screwed-up articles to force them upon us, we met daily in vain and disserted quite sharply, but with fine sincerity, about each disputed article. I remember that each of us brought many Christian dicta on the track, which were brought by many in Commentarios. But that I put other 1) in its place, those had come up to the chip of the power of bishops and of the laws that were made in the church out of men's will and devotion; when now there was mentioned the apostolic Decreti, of which in Actis Cap. 15, we heard that both, D. An-

1. In the old edition: "other".

dreas Osiander and D. Capito, told some historical tragedies from the books of the Jews, which, because they give not little light to the apostolic decree, I have considered it good to introduce them here; I know that such historica are agreeable to understanding people, and this narrative holds in itself an example, so full of beautiful teachings, which undoubtedly took its origin from the great prophets of the Lord.

3. Therefore I considered both of Osiander and Capito only a strange gift and present, that they revealed the old to us ignorant way; For they said that the ancient Jews, when their regiment was still flourishing, if they took a neighboring pagan city with army strength, and otherwise took them as confederates, they did not impose the law of Moses or circumcision on the conquered, but only put these conditions into the covenant of peace, that they should abolish those who are not gods by nature, and honor and serve the one and true God, the Creator of all things, who revealed Himself in His Word (entrusted to the people of Israel). After that, because the Gentiles did not forbid fornication and let fornication go too far, this was attached to it, that they should forbid fornication seriously from now on. The other things mentioned in the apostolic decree were also added, that they should abstain from all things sacrificed to idols, from blood and from things strangled. As for the sacrifice to idols, the reason is easy to guess, for they did not want to allow the godly to go to the idolaters on feast days and watch their pageantry, so that they would not be strengthened in their ungodly sacrifice by their fellowship. The command of blood and suffocation is taken from the history of Noah. For the Jewish victorious rulers taught their neighbors this old way from Moses, so that they would have a reminder of the sharp commandment which God commanded Noah from the death stroke; because of this, the old rulers among the Jewish people also well understood that the Jewish ceremonies belonged to their regiment alone, and that no righteousness was to be sought therein. But the promise of blessedness also concerns the Gentiles, who would be pleasing and righteous before God if they recognized the true God, who promises a seed in which all peoples should be blessed, called upon him in faith, and in common life obeyed the laws that God planted in the hearts of all people. Therefore

498 Cap. 18. of comparative religions. W. xvn. 619-622. 499

the apostles, after exercising their appointed ministry, gave their pronouncement of the abolition of ceremonies, and wished to remove such burdens from both Jews and Gentiles.

After that it was necessary that the commandments against idols and fornication were added, as one can easily understand, who, because they had to be added, wanted to use the common formula of the old rulers of the same people, of whom the neighboring ones had less abhorrence. He who reflects on these things will understand that the example of the apostles does not rhyme at all with the conduct of the bishops, who afterwards imposed on the church ceremonies of their own devising, celibacy or illegitimate status, and the distinction of food, instead of special services. This history indicates that this piece in the decree and neighborhood must have been nothing new, nor unpleasant.

4 I was caused to relate this because I remembered Capito, whose memory should be recommended to the studios, so that they have reason to imitate such a man's manners, piety and diligence. Otherwise, there is really nothing special worth telling about such a meeting; for how the public disputations of these three days, 1) which were more Declamationes than Disputationes, were, can be seen by the favorable reader from this outgoing tract. Perhaps it is useful to have in public print of Eccii full and drunken way, to the end that good and brave people obviously see that these sophists bring neither sincerity, nor some desire for truth to such discussion. I have heard it said that Eccius has boasted very much that he could defend both parts very well; he thinks that one must flaunt one's ingenuity alone and seek its glory, his purpose is not to get behind the truth, nor does he care to advise as the afflicted church does. Finally, in this matter it is right to weep with hot tears for the misery of the human race, that because of original sin this excellent nature is so horribly burdened first by the fury of God's terrible wrath, then with such a cruel burden of innumerable miseries in this life, and finally in death itself. About which, after the image of God in us is so evil, now lives in darkness and perpetual rebelliousness against the law of God, such high

1. From 14 to 17 Jan. 1541.

and great evils can beat down these epicureans so finely. But I leave that to the Christian reader to think about, if he will hold the sermons on both parts against each other; but I do not believe that a pious man will be so long-suffering and even without gall, that he will be able to read without anger and indignation of the Eccii Alfanzerei and rash, fictitious and fraudulent speeches. He has only his amusement, to play with the little words criminis, culpae, peccati capitalis; he twists the testimonies, which he knows quite well that they are not against us.

Finally, he is a true disputator Socraticus, who always keeps his opinion to himself, and is unanimous and alone in that he always holds oppositum to the opposite. I want to confess purely how I mean it: he has often made me so gruff and impatient with his cunning grinding out, deceitful catches, and damaging catches, which detrimental little tricks are better suited to a phormio or pseudolus in a comedy than to a theologian who wants to be an interpreter of Christian doctrine. I am telling this so that the studios may realize how dangerous it is to get involved with such deceivers and talkers, so that they may equip themselves for such fights with the greatest diligence and apply themselves to the very best diligence, so that they speak such things that are truthful and edifying and useful to the Christian church; After that, in the whole oration, as in a sincere face, a fine chaste manner should shine forth, the whole form and manner of speech should be proper and simple, as the color is in the tabulae panels, pictures of Apelles; after that I strive with the highest diligence, as is known to many. But that Eccius had much else in mind in this meeting of ours is shown by his declamationes, which diligently intertwine several things and then add others that are publicly false and ungodly.

For in the last conclusion of his speech, when he had rattled together many clumsy things that were not worthy of an answer, he finally begins to assert with a bright voice the old opinion of his people, who want to have it that the true penitents should be in doubt whether they are truly reconciled with God, likewise the true worshippers should doubt whether they please God, whether God hears their prayer, and turns with his hair the saying of Solomon (Ecclesiastes 9:1): "No man knows love or hatred of any man before him. 9, 1.): "No man knows either the love or the hatred of anyone whom he has before him." But such teachers are worthy to be taught by

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The people who ascribe such a pagan delusion to the saying of Solomon are hostile in their hearts. Thus, the Epicureans and Pyrrhonians say that it is uncertain whom God loves or is hostile. Is it so uncertain that God is not pleased with Nerone? It is a foolish thing to speak thus in the Church of God, in which the one who is aware of evil should be justly terrified of God's wrath, and if he repents righteously, he can be sure that he will be received and heard again by grace, for the sake of the Son of God. We have the voice of the Gospel, which is a certain promise of gracious forgiveness; about which God has made a great oath: "As surely as I live, says God, I do not want the death of the wicked. The command is there that we should believe the promise, and faith is so often required. All this is overthrown and annulled by the opinion of Eccii, who wants to have doubts.

7 What Solomon says and means is easy to understand if one only takes the saying correctly. He is talking about how people's actions in this life come to nothing in many ways, so that he can teach us that we should not become arrogant when fortune smiles on us, or fainthearted when things go badly for us, and that we should judge God's will not from such outcomes, but from other testimonies; It is a well-made prayer that is full of godliness, but Solomon is encountered just as he said, that he gives laws with his right hand, but some listeners take it with the left.

I am telling you this so that those who read the Ecclesiastes may be reminded to notice the error more easily, and at the same time weep for the great blindness of the church, in which such doubtful opinions have been defended and confirmed by our adversaries, who publicly revile the Son of God. All Christian hearts should also consider that they should not only curse such inconsistent error, but also look for a better way of teaching.

9 This study, although it is opposed by many, we owe it to God and His Church, and to ourselves. I know well that it is said in vain to those who think that religions are fairy tales and fables, and curse such disputes in the church as a powder of public discord. We see also in these last difficult times that this, cyclopean philosophia goes far and wide in clamor, and many people have pleasure in it.

(10) But just as in the time of the Maccabees the church was not destroyed, so we know that even now, although the Turk and the native enemies are raging atrociously, God will nevertheless leave and preserve a small group of the Christian church, to whom we bear the hope that they will take this well-meant admonition to promote and propagate the pure gospel. The dear little church was just small when the Son of God hung on the cross, and the accidental darkness in the bright, light day made heaven and earth dark; but nevertheless it was not ruined to the ground, but both the thief and the centurion recognized and confessed Christ. So also we, after the world has become 1) old, although the eternal God has poured out His wrath on the world because of idolatry and other sins, should nevertheless not cease to praise God and His Son Christ JEsu with our cries against those who have forgotten God. We are to be justly angry with the nose-wise Epicureans, who laugh at the name of God so scornfully; we are to fence and fight against the Turks, who curse the Son of God; we are to drive out the godless sacristan and monks, who serve idols, and do not give the Son of God his due honor, nor recognize that he is their mediator; in short, we do not want to suffer him to be called upon in faith. The conflict that the church is currently engaged in is great and varied, but it is written about this time Dan. 12:1: "At that time, the great prince Michael, who stands before the people, will make himself known"; to him we are to commit ourselves with Christian and heartfelt prayer, and from him we are to expect help and salvation at all times. This has often been my consolation, so that I have risen up and still rise up daily: What is of God cannot be destroyed,

11. I have no doubt that this teaching, which has reached our churches, has been revealed by God Himself; I am not such a man of iron that I alone should not be concerned about the general danger of the German country, which now needs the princes to be one among themselves against the external enemy, or the natives would do great harm to our churches, which could be governed much better in times of peace. 2) For discord hinders good discipline even among right-minded and understanding people.
12. "is" put by us instead of: "be".
13. Inserted by us to give meaning.

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(12) But the fact that disagreement remains in the regiment is done by the adversaries, who are completely steel and ironproof, because they do not want to confess to any peace unless they have suppressed the truth. But that our doubts and opinions were modest, the public records of all our descendants will bear witness to that. We have so often pleaded for a right treaty and decision; I myself have so often supplicated in humility to the potentates that they wanted to advise the welfare of the church; but plane visus sum (as it says in the Greek verse) navis quassata procellis supplicare scopulis [I have completely appeared like a ship tossed about by storms, which addresses petitions to the cliffs^. Therefore, we should command our church to God, and wait for our ministry with a good conscience, and ask God to govern the hearts of the princes, who should take care on both sides that not only the people are taught rightly by God and His Son Jesus Christ, but also that the fatherland is protected against the barbarian enemy, who not only unleashes his fury against the common man, but even more cruelly against the princes themselves; But God will not allow that through such tyranny the church should perish, or that the fifth monarchy should begin. Fare well.

So Doctor Johannes Eccius started the conversation:

After having been ordered by the well-born Lord, Imperial Majesty Oratorem. Majesty Oratorem, in addition to the envoy of the Royal Majesty and the other presidents, I want to mention first of all one thing at the beginning, although I am the least among my brothers and gentlemen, since I have been chosen and ordered to this conversation on eleven Catholic princes' ropes.

The fact that it took so long to get to the eleventh month is partly due to the long bickering that has been going on, but it is also due in no small measure to the fact that the gentlemen of the opposite party have presented us with such a copy of the Augsburg Confession and its Apology, which would not have been in conformity with the Hagenau Recital, by virtue of which the Confession itself, as it has been handed over to the Imperial Majesty and the Estates of the Princes, should also have been exhibited to us in a fair manner. Maj. and the Estates of the Princes, should have been exhibited to us only and truly. Therefore, we have spent not a little time and effort in holding them against each other, that we would have had reason enough to postpone the Colloquium to another time; but because we have thus decided to

If we are of the opinion that nothing is more important to us than to reach a Christian agreement with those who have gone out from us, we would gladly tolerate anything greater, if only we could achieve unity in the church and serve the souls for salvation. For this reason, we want, after all, with a certain protestation, in the name of the churals and princes, to go before the presidents to the matter at hand.

For my own part, I promise that I will do this sincerely, kindly, and solely for the sake of truth and peace.

Since I might have missed a word that seems a bit too harsh and sharp, this is truly not my opinion that I would want to offend either my collocutor or anyone else present; I am always ready to give a kind and gentle interpretation, so that everyone may recognize that I seek more truth and love than to defend our opinion with harsh words. Let this be said at the outset; now let us proceed to the matter at hand.

Therefore, as far as the Confession is concerned, I do not ask anything about the preface; so also the first article, after the Arian sect has been expelled and destroyed, has been accepted by the whole Catholic Church, that it is no longer necessary to start a quarrel about it in the presence. Therefore, we go straight to the other article, unless it is a matter that the author is deficient in something in the first article.

To this the Lord Collocutor, Philippus Melanchthon, replied:

Go ahead, Doctor.

D. Johannes Eccius.

Therefore, in the other article, where the old and new Pelagians are condemned who deny original sin in children, just as Zwinglius also describes original sin as being solely a defect or deficiency of nature, it is right to consider original sin as certain.

However, there are two things that we ask to be explained a little more clearly, so that we may reach the desired agreement.

The first is in the explanation of original sin, which occurs in the Confession, not only by the deformity and inconformity of the same sin, but also by the grave real sins. The Apology, however, is not at all milder.

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that it has also made it inordinately greater, so that it ascribes to those who have original sin not only an abominable blindness, disobedience, but also an enmity toward God, contempt for God, unbelief, along with other evils. Since, however, a distinction has always been made in the church and in the holy fathers between real and original sin, so that the little children would not be burdened with such vices, it can be seen that we have had enough of the old interpretation of the fathers, and through this interpretation, if it is explained correctly, we can come and reach agreement.

For this is not rejected even in the Apology, namely, that original sin is a lack of the original righteousness that should be in us. Therefore, I do not doubt that my Lord Collocutor can prosper with his own, if he is concerned about unity, with us in the same opinion, agreeable to us.

The other, however, which we desire, and which is somewhat more difficult, which is put forward in the Confession under the cover, but in the Apology it is clearly given, is this, that original sin is not only a true, damnable sin before baptism, but also the lust and desire which remains after baptism is truly sin per se et simpliciter, as also my Lord Collocutor, to assert this in the Apologia with many words, turns to all his power and ability; and this he also wrote in libro de anima; and Luther, who introduced this repugnance into the church, pretended that such desire and lust is not only materialiter, but also formaliter proprie sin. For this reason also Luther was not without cause scourged, as the Apologia uses the word, by the Catholics, on the side where he says for certain that there remains as much sin after baptism formaliter as materialiter.

But perhaps my gentlemen, standing and sitting around, would rather that I, putting aside this and that, so spoken and written by different persons, pursue the main thing.

Therefore I come to the most important part, and that is the knot of the whole matter. For if you do not want to give a more reasonable interpretation, we cannot easily become one in this matter, although I had not hoped for this. The cause that moves us Catholics may be this: Nothing new in the church is to be said for certain, which is contrary to the prophetic, evangelical and apostolic sayings, and rejected by the holy fathers.

But to pretend that sin remains in the child after baptism is contrary to everything that has now been told; for this reason it cannot be accepted by us. For the immeasurable benefit of holy baptism in the New Testament, communicated to us by our Savior Jesus Christ, the Holy Spirit, that he might be a counselor in the midst of the council through the holy men of God, has been described above. For He speaks, among other things, through the prophet Micham: "He will subdue our iniquity and cast all our sin into the depths of the sea." If one wanted to pervert the opinion of the prophet with an interpretation, the Holy Spirit would not admit such a thing, who says through the prophet Ezekiel in the 36th chapter: "I will sprinkle clean water upon you, that you may be cleansed from all your uncleanness"; which saying the holy fathers understood of baptism. Blessed Jerome ad Oceamirn diligently considers that the prophet says: "from all your uncleanness"; for he who says of all wants none to pass over.

Furthermore, the words of Christ to Nicodemo testify to this: "Verily, verily, I say unto thee, Except a man be born of water and of the Spirit, he cannot enter into the kingdom of God," since he means just that which is our business, that it is enough for the regeneration of the soul if it is born again through the bath of baptism; this could not happen if the sin, the lust, which comes from the first created Adam, should still remain.

St. Paul, too, in the first epistle to the Corinthians in chapter 6, addresses the baptized thus: "But you have been washed away, you have been sanctified, you have been justified"; which words are not at all suitable for such a person who has damnable or mortal sin in him, who has sin per se et proprie et simpliciter in him. Hieronymum we have heard; of Augustin! Opinion the Church is so certain that he does not put it in one place, but in many books expressly. In In enchiridio; in libro contra duas epistolas Pelagianorum; ad Valerium; de nuptiis and in several other places he teaches that the baptized has no sin at all, but he is not above all misfortune; and he does not at all like the opinion of those who pretend that baptism makes no other form pure from sins than a barber shaves off the hair of the beard, which grows again and again.

This I have recently and kindly wanted to talk to Mr. Collocutore, who, if he will give a better interpretation, more acceptable to us Catholics, it would be unnecessary, in the presence of

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so great lords and excellent men to make more words; but if he wi^d have a fault in anything, and bring more things on the track, we are willing to take both from the divine Scriptures and from the holy fathers, if we can but take his opinion aright.

So far Doctor Eccius.

Phil. Melanchthon answered:

Upon permission received to speak from the well-born Lord, Imperial Maj. Maj. Commissario and Orator, and from the also well-born, noble and excellent men, the President, I will, as instructed, answer recently and with due modesty, and first of all, because it is a spiritual matter, I will begin with prayer.

The Son of God, our Lord Jesus Christ, since he wanted to become a sacrifice for us and now go to his death, asked the heavenly Father: "Father, sanctify them in the truth, your word is the truth. Since this prayer of the Son of God has certainly been heard, and he has presented us as bishops, for whose sake we are heard, we also pray with his own words for his sake, that he may sanctify us in his truth and so govern our Gentiles and tongues, that we may speak what is true, Christian and beneficial to his church. He will also guide the hearts of all of us to Christian and holy unity. And let God be our witness that we do not disagree with others out of any undue thirst or obstinacy, but because we fully believe that this doctrine, which we profess, has been practiced unanimously in the true Catholic Church of Christ, we also teach it in our churches with a clear conscience.

But so that I come to the oration of the highly learned Doctoris collocutoris: First, that he has objected to the delay because of excuse, and the cause and blame on the unequal Exemplaria shifted, I give to the answer that the res are the same, although some things in some places in the last edition either by something eased, or have been explained more clearly.

But that he thought that we had gone out from them, and thereby accused us as if we had left the true church: to this we must necessarily answer, although we recently want to do so in this place.

Because we love the consensum of the Catholic Church from the heart, and no more than

reprove some abuses of the opposite kind, as God's commandment urges us: "You shall not take the name of God in vain," and Paul says: "If any man preach any other gospel, let him be accursed," so that we have not departed from the catholic church of Christ, but have only abandoned the punished abuses, and have rather been expelled from its congregation by violent commands, banishment, and new bitterness, which before were not customary in the church. Therefore, the prophet Jeremiah did not completely depart from the people of God, even though he was condemned by those who had public authority in their fists; so it is also with us, and we leave the judgment to God and the right assembly of the Christian churches.

After that we have always offered ourselves to appear before an impartial spiritual court, and still offer ourselves. Therefore, it was unnecessary to condemn us beforehand in this friendly conversation, at the very beginning. We do not want to elaborate on this at this time, and refer to what we have said and written secretly and publicly in these matters several times before.

However, it is very dear to us that he claims that he wants to debate in a friendly manner. We can constantly say that we are not of the same opinion with them, without some bitterness, without some enmity, we also want to do with all our hearts what is useful for the common peace and tranquility, even if it is done with unfair, quite severe conditions, if we can do it without disgrace and harm to the Son of God. As for my person in particular, I ascribe to the Doctori collocutori the praise that is appropriate and due to a learned man.

Now to the articles themselves.

Of the first article there is no dispute, because everyone knows that our churches have faithfully defended the general consensus against Servetum and some others, and also want to have publicly testified in this place that we keep in our churches the main symbols, the apostolic, Nicene and Athanasian, and that we teach and believe about the one divine essence and three persons as taught in these main symbols, in the ancient synods, Nicaena, Constantinopoütuiiu, Ephesinu and ChalcedoQciisi, and in the most distinguished church scribes, Athana8io, Basilio, NaziaiEno, Epiphuiiio, Ambrosio, Augustiiio. We keep

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also like the way of speaking approved in the Church of God. For we are entirely of the opinion that, to avoid doubtfulness, one should speak actually and clearly. And so much of the first article.

From the other article.

We did not think at the time when the Confession was delivered that some dispute would arise among the opponents about this article, but we had to keep silent about some people's cries, who completely abolished original sin, as there have always been such people, There have always been such people who have had clumsy opinions about original sin, because the judgment of reason cannot sufficiently recognize the greatness of human weakness, and because of the causes, both of sin and of the greatness of weakness are also revealed in this article in the word of God alone.

But the doctor has rightly said that one can easily become one in the definitionibus of things. For we also accept the two old definitions as known, among which in the one original sin is called a lack of the hereditary righteousness that is to be in us; in the other a lust and covetousness, and do not consider that these definitions are far removed from our opinion. For this deficiency means nothing else than a deprivation of the high gifts that were given to our first parents in creation, namely, the light, so that they truly knew or could know God, the affection of the will toward God, and the proper perfection of all powers.

After these have been lost, a blindness of mind, a turning away of the will, and an abominable wrongness of the desires, to which one's heart desires and carries, have come in its place. All this belongs to the definition in which original sin is called lust. For we make a distinction between the desires in themselves, which have been created by God, and between the corruption that has come about, or between the wrongness. In the will remain the affections that God planted in human nature; the desires also remain in appetite sensitive). The dear ancients also did not want to admit that one should call lust the desire, so planted by God in nature, but the same inversion. As an example: although in Catone there is a lust and love for virtue, the will is turned away from God. From this we see that both the old definitions and our opinion are one with each other.

But the fact that we use such words, which signify an action or effect, is how we distinguish original sin from real sin. And because we have described it negatively, we have wanted to indicate the loss of such given gifts, and do not think that we should be punished for it, by exaggerating the greatness of this evil, if we only remain within our due limit.

For we stand in the thought that these are not bad evils: the blindness in the mind, and the turning away of the will from God; from which so terrible epicuric and academic doubting and innumerable errors have flowed from God. Thus the dear prophets do not describe it as a bad little evil when Jeremiah says: "The human heart is evil and perverse.

Thus, indeed, hereditary righteousness was no small adornment, which (as we believe) indicates the image of God, in that the human mind was a temple of God, in which shone forth a glorious knowledge of God, a firm confidence and a perfect love. For this reason St. Paul also commands that we should renew such an image. And so that one may understand what he means by the image, he immediately adds: "in holiness and righteousness". If you are satisfied with this report, as far as the definitions are concerned, there is no disagreement among us; if not, we ask for a more extensive explanation and desire nothing more than a right sincerity in judgment.

As for the other locurn, perhaps there is more disagreement. For since the Doctor introduces many testimonies which affirm that in baptism sin is taken away, we are also of the opinion that in baptism original sin is forgiven, as well as other sins (as in adult people), and that the Holy Spirit is given, who brings about a new light and a converted will. We do not doubt that the whole church is of the same opinion, but this means that baptism is held high and adorned, that such an abundance of grace, that this evil which is left, is also covered and forgiven to those who remain in grace, as Paul says: "grace is more powerful than sin". Now this is debatable, whether the deceitful infirmity in the saints is a punishment or a mean thing; or whether it is such a thing as by its nature is worthy of eternal death if not forgiven? Further, this infirmity is not merely the lust in appetite.

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sensitivo, nor only a tinder or quality of the body, but a blindness that has not yet died in the mind, as the saints experience in particular, who feel the doubt and distrust of God. The will is not converted to God in such a way that it burns with love for God, but the saints often end up loving themselves and thinking highly of themselves. Therefore, both in the mind and in the will and in the appetitu sensitivo, there remains an infirmity and weakness, which the saints so often lament, as Paul says: "Poor me, who will deliver me from the body of this death? Likewise he says that the law strives in its members in a hostile manner, and takes captive the law of the mind. And this is not a small complaint, nor is it to be considered small, which is written in the Psalm: "Behold, I am conceived in sins," and: "I said in my anguish, All men are liars," who do not understand anything right from God.

Therefore we say that this evil, which remains after baptism, is not only a punishment and not a mean thing, but such a thing, which by its nature is worthy of eternal death, unless it is forgiven. And adult people need faith to fight against this evil and ask for forgiveness. Which faith, if it is cast out again, this evil also deserves eternal death. The testimonies in Scripture are clear, for Paul explicitly calls this affliction sin, speaking of himself as one who is now born again, Rom. 7: the sin dwelling in my flesh. And so he describes this evil sometimes with such words, which mean to take something from one; sometimes to give something to one; as when he says: "To be carnally minded is an enmity against God, and also cannot become subject to the law of God." Item: "I find another law in my members, which is contrary to the law in my mind"; speaks not only of the lusts in the mind, but also of the above 1) evil, and sin here means nothing else than what he declares in the text, namely, an evil that is contrary to the law of God. Other testimonies belong to this, which are given from time to time in Scripture. For the prophets, in order to teach that man is not justified by the law but needs forgiveness of sins, repeated the doctrine of this evil more than once, as in the

1. "obigem" put by us instead of: "obern". Latin: superivrikus.

Book of Creation: "Man's heart is evil forever". From Jeremiah and the Psalms we have introduced testimonies above, and do not doubt at all that what we teach is Augustine's opinion, who so often says: this sin is forgiven, as far as the reatum, or accused state and being, is concerned. But he also adds that the regeneration is begun, but nevertheless the sin still remains. For he often uses this word reliquum, ut tractatu 41. in Johann. Sin shall not reign in our mortal body. He does not say: it shall not be; but: it shall not reign. As long as thou livest, it shall not be otherwise; sin shall be in thy members; but that it be not given dominion, that it be not done whatsoever it shall command. There he speaks truly of the born-again.

And libro V. contra Julianum he assigns three things to this affliction, also in the born-again, that it is a sin, that it is a punishment of sins and a cause of sin. The words are thus: The lust of the flesh, against which the good spirit lusts, is a sin. For in it is disobedience to the rule of the mind, and is also a punishment of sins. For it is given to the merit of him who is disobedient. It is also a cause of sin in the apostasy of him who consents to it, and in the defilement of him who is born. Elsewhere of the baptism of little children: the law of sin, which, though it be forgiven, yet abideth in the old flesh.

In concione Domini in monte: although the transgression is erased, the infirmity is not completely changed. You will still say: forgive us our trespasses. Therefore, he himself understands that the saints at all times need the forgiveness of this vice. Writing to Julianum, he rebukes the obstinacy of men who are not afraid when they feel their weakness, namely the doubt of God, and many other erroneous impetuses, and he adds this epiphonema: Believe when you do not argue; recognize when you argue. With these words he indicates that many safe people beat down this affliction; but since Augustine knows well what to write in this Materia and does not disagree with it, there is no need to heap more testimony. But since the Doctor introduces the locum de nuptiis, the question there is how to distinguish the desire to beget children from the wrong kind. And there he expressly states that lust in the born-again is not a sin, because sin is forgiven.

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He tries to distinguish the creature from the corruption of the creature.

Finally, since our whole opinion has much glorious testimony of the prophetic apostolic Scriptures and of the learned fathers, nor has anything to do with the Pelagian swarm, much less with the Manichaean, there is nothing inconsistent in it. For it makes a distinction between nature and the same corruption, and let human will have its own; as we will say in its place.

With that, Philip decided:

That is what I wanted to say recently. If the doctor wants to discuss the matter further, I ask for a clear explanation of my opinion, as much as necessity will require, and I ask that the other gentlemen assigned to me also say what they think is good; for I do not want to be the one who alone makes the judgment, so it is also customary in the church that everyone speaks his opinion.

Eccius replied:

We must first become right in this, then the others may say what each one likes. What is to be accepted, we want to accept, but what is needed, that must also be explained.

Just that day afternoon at 3 o'clock Doctor Eccius continued in conversation.

Gracious Sir, Reverend Father, and other noble Lords and Fathers!

To carry out what we have started today, that I may not keep you long with extensive circumlocution, I will immediately turn again to what the Mr. Collocutor has brought forward today. And first of all, concerning the disparity of the exemplars, I could easily nullify his answer, and obviously show that the exemplars handed over were not only in words, but also in the things about them much different than the Confessio Augustana; for if they were not contrary to each other, one would not have had to torment oneself so much at Augsburg in the little word meriiti, which they rejected at that time. To make it all the shorter, I refer to the future articles of the Colloquii, where I will bring such things to light as in the 10th article.

For the other, the Mr. Collocutor caught a little word, since I said that they had gone out from us, and it suggests as if I had them on the fly

I do not indicate this in my words, because such a departure 1) can be interpreted in many ways, which, as it is not necessary in the present, is also not useful, because I would like nothing better than to win over my brothers and to know and have one faith. Otherwise, I have no lack of answers. There are the publicly posted mandates of the laudable Emperor Caroli, among other authorities, about which, as it seems to me, they should have much less to complain than about other Christian princes, who have executed their mandates against them much more zealously. And that he ascribes the cause of such a departure to our abuses, I consider to be all too little, according to my bad sense, since they are mostly in disagreement with us in the preceding 21 articles, which they call the articles of faith.

Jeremiah does not belong here, who was guided by the command of his fathers and the divine revelation. Therefore, I have asked my Lord Collocutor for the sake of the sincerity of his Ingenii, and all others who are present here; as I testified today at the beginning, if one or the other word should escape me, do not take it badly, but kindly, so that we do not always dance to the tune of the larva, which is considered bad, and with rambling words, which are not at all suitable for confession, annoy the excellent present masters.

But as far as the first article is concerned, which was accepted without any dispute, I was very pleased that the Collocutor praised the holy Concilium Nicenum so much, so that I was given greater hope that agreement could be reached, since otherwise it had the appearance that he, when he was still a young man, did not think much at all of this Concilio, and Luther was allowed to say that faith and gospel had been lost in this holy Synod at Nicaea.

But as far as the other article is concerned, I also like the one in which we agree that it is right to hold against the old and new Pelagians about original sin; but that the master wants to have an explanation of the definition of original sin, that it is not only a defect of hereditary righteousness, but also of other gifts, as he has also partly told, in this I ask for a more convenient interpretation; for according to the opinion of the saints, the original sin is not only a defect of hereditary righteousness, but also of other gifts, as he has also partly told, in this I ask for a more convenient interpretation; for according to the opinion of the saints, the original sin is not only a defect of hereditary righteousness, but also of other gifts, as he has also partly told.

1. "Going out" put by us instead of: "laying out". In Latin: sxitus.

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Fathers, who declare the holy scripture, if a child was endowed with this hereditary righteousness, even if he lacked other gifts, the hereditary guilt would not be with and in him. As it has been disputed among many, especially among the ancients, whether the first man, Adam, was created in grace, which did something pleasant, since there has been no doubt at all about his hereditary righteousness, I agree with the master that a child must lack many gifts for lack of this hereditary righteousness, both before and after baptism. If this is his opinion, we are quite at one.

That he also confessed under the answer that there is a difference between original and real sin, we also accept with great rejoicing, although it seems as if he, since he was a young man, was not of that opinion. Therefore we accept the sayings of the perverse heart; but then it becomes perverse when lust rules in our body and we are obedient to it and render obedience. Otherwise we experience and recognize that our heart is inclined to evil, as God says: "The mind of man is evil from his youth." From this trade we confess that these gifts, of which the Lord Magister speaks, men would have had if they had existed in hereditary righteousness, namely, the knowledge, the love of GOD 2c., and had not had such affection for evil.

But as for that which was brought forward about the remaining guilt after baptism, by which the majesty of holy baptism was made greater, I do not understand, because it could be seen as if it were a disgrace to baptism, even a disgrace to Christ himself, who instituted baptism, if it were not enough that it should blot out all guilt of sins. On the other hand, St. Paul, in the Titum, so clearly boasts to us of the high excellence of baptism, saying: "According to his mercy he makes us blessed through the bath of regeneration and renewal of the Holy Spirit, whom he poured out on us abundantly through Jesus Christ our Savior, that by his grace we might be justified and become heirs of eternal life.

Here the apostle testifies that we have been made blessed by the abundant outpouring of the Holy Spirit upon us. But now there would be no abundance if the remaining guilt were more powerful. We Christians should rather confess that the obedience of the one Lord Christ has earned us more grace than Adam's disobedience has brought in guilt. For this

seems to be too little when the master says that this sin will be forgiven if one takes the forgiveness by faith, because it is not advisable for those children who die before they can use their reason. And if it is given by faith, it is once more withdrawn from the sacrament of baptism; and not only this, but also the new doctrines cease, by which they impose on us a perpetual sin of lust, so that, though they do not want to accept baptism as the remedy for this guilt, they may yet recognize with their strong faith that this sin is not for and for.

For this reason, it seems to me to be more helpful for unity if they confess with the general Christian church that before baptism both are guilt and punishment, but after baptism nothing is left but punishment, or (as Augustine used to say) misfortune. And so that I may remember this in passing, because Augustine has been mentioned, the Magister Augustinum has taken up libro V. contra Julianum, since he ascribes three things to lust, so the jurists are accustomed to say: It is impolite to answer if one has not first looked at the whole text. For what Augustine there brought forward, he said about the pleasure before baptism, which the unfortunate Julianus, who followed Pelagio, did not want to be a sin, nor something evil, but it was worthy of praise.

This is also Augustine's opinion in St. John's tract 41, where the Holy Father teaches with clear words: everything that we did sinfully before baptism was erased in baptism, and as the words further read.

But since we have come to Augustine, it is not uneven if we also consider other dicta of his. For nowhere did Augustine say, as I refer to the Holy Father, that sin remains in a baptized child after baptism. For what is usually said, that sin is eradicated in baptism, not that it is no longer there, but that it is not imputed, does not appear in Augustine. For he remembers the lust that is forgiven, not that it is no longer there, but that it is not counted. For it is very beautiful what Augustine says, that this is not sin, which has no reatum or accusation. It' true: Luther has falsified this locum at the very first, therefore the others have erred in the same way. The change loci from Augustino bring the interpretation itself on the back (as one is wont to say), because we confess,

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That the remaining lust is a weakness, a sickness, or an infirmity, and that they beget children worse than themselves; that evil approvals are, which, if the heart consent unto them, they verily give the sin received, as St. James teacheth us such things.

But I think that the venerable master, my good friend, if he wants to help bring this matter to unity in a friendly way, he can do it very easily if he interprets what he has said today about the forgiveness of sins, and in the Apologia about unattributed sin, so that the guilt, which is actually and truly called reatns, is erased in baptism; but nevertheless causes a continual strife of the flesh against the Spirit, and that such strife of the flesh, of which St. Paul often speaks, is of sin's origin, left by sin, and inclined to sin, for which things St. Paul did not even call it sin. Since this was the assumtum, Paul speaks of himself, I do not dispute this at all, although Origen, Ambrose, Hilarius, Jerome, and, it is right for me, Paulinus, the great crier of St. Felicis, whose commemoration the Christian Church celebrates to this day, are of a different opinion. But for Augustine's sake, who was now old because he understood these words from Paul's person, let us not dislike it either. But let us take Augustine's interpretation before us, that the apostle calls lust sin, because it is done with sins. I add, because it prompts and tends to sin. It is a beautiful similitude that Augustine puts forward, that lust is called sin in the same way that a man's writing is called his hand, and a man's speech is called his tongue.

What has been drawn from the Psalm, that all men are liars, we accept the Psalm; but the new interpretation we cannot admit in the present; likewise that the venerable Magister introduces another locum of the same voice from Paul, because he did not say where it stands, will not occur to us even now that Paul spoke on this stroke. But in the epistle to the Romans, Paul says of the wisdom of the flesh that it is an enmity against God and not subject to the law; but that he wants to heal many loca, which I have cited today, from many books with an ointment, I do not confess. That there is disorder in nature, we take for known. Therefore Augustine attributes much evil to lust; but he confesses everywhere that in baptism all sins are forgiven.

And on top of the above looa, let us add what he writes about his own person in libro VI. contra Julianum, c. 5: Far be it from me to say that the grace of this bath is in vain, in which I was born again of water and the Spirit, and thereby freed from the guilt and accusation of all my sins. Yes, he also stabs Julianum in this very place because of the wrong opinion, for he says: he is far wrong if he thinks that the baptized person no longer has any desire at all. He is free from all sins, but not from all evil.

Therefore, since the dignity of holy baptism does not require otherwise, and the merit of the blood of Jesus Christ, which is shed, has obtained this from the heavenly Father, and the holy Scriptures testify to this brightly and irrefutably, that forgiveness of all sins is imparted in baptism, likewise Augustine, Jerome, and Ambrose affirm this with quite undoubted words, which the whole church has believed until now: It can be seen from this that this is the right and proper way to unity in this article, as reminded above, if it is understood from the forgiveness received, but not from the imputation of sin, that we henceforth speak the same way and have the same mind among ourselves, then there will be peace and unity in our churches. This is given by the Son of Mary, amen.

The following Saturday, January 15, early at 8 o'clock, Mr. Philip started the conversation again.

Accordingly, I have received a favorable reply from the well-born Lord, Commissario Imperial Majesty, and the venerable, well-born, noble and honorable Presidents. Majesty, and the venerable, well-born, noble and honorable Presidents, I will recently reply to what was said yesterday.

First of all, what the honorable Doctor has asked us to do at the entrance, to be annoyed because of the copies and publicly posted mandates, we want to answer it elsewhere, one makes a measure to move such up to me.

Secondly, that he wishes such unanimity in the other article, as in the first, we truly wish likewise from the heart, that we may hold fast to one another in God's word in one sense, and as in the first article, so also in the other have one opinion. I would hope that such unanimity could be established if we had unsuspicious judges. As can be seen in the other article, in which everyone sees that it would be easy to come to unity.

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A Christian and sincere judge can easily understand that the definitions are not far from each other in truth, if one only wants to understand them correctly. In the other loco, it is also quite easy to come to a decision about the sins in the saints, if one only considers the teachings of St. Paul correctly and looks at the affections of his heart with both eyes. Who is there among us who would not be hurt in his heart if he had doubts about God, if he did not fear God enough, if he did not burn with love, if he did many things just because he felt like it, without prayer, and if he was otherwise inflamed with other evil emotions? All this, even though there is no perfect consent, every Christian heart nevertheless recognizes that it is sin, it repents, it asks for forgiveness. So this locus can be easily decided. And God wanted great princes and lords to hear the sighing and prayer of Christian hearts among all nations, who desire from the bottom of their hearts that the Christian Church be rightly counseled. At this time, we thank our most gracious Emperor, who wanted to initiate this discussion, so that one might deliberate on how to come to a unified, right decision and end, and we ask God to be with Christian and wholesome proposals of His pure Church and to help promote its nobility.

I recently wanted to attach this so that I could respond to this point of the introduction, in which the doctor mentioned the sharpness used against us, and I would be sorry if the doctor took a liking to it and let him do as he pleased. For it is written, "Blessed is he who takes care of the needy, for the Lord will save him in the evil time.

Thirdly, he says that I attribute more gifts to the definitionibus of hereditary righteousness than is proper, and adds an example, if a child were given hereditary righteousness, he would not be guilty, even if he did not have the other gifts. To this I reply, I do not think that the Doctor means that original sin is only a reatus, and not also a turning away from God. So one must also confess that righteousness is not only an acceptance of grace, but also a conversion to God, and that of all powers (we are talking about original righteousness), therefore these gifts are necessarily included in it: in the mind a light, in the will a conversion to God, and in the other powers a lawful order and skill. All this a child would have.

if it had hereditary justice in itself. It would be the case that the author would have understood righteousness solely from the acceptance of grace, which I do not hope for. Furthermore, just as there is a difference between sin and the wages of sin, namely death, and everything that is conceived by it, which is the incapacity of all powers of mind and body, the tyranny of the devil, who either rages against the body or against something else: Thus there is also a difference between hereditary righteousness and the gifts assigned to it, namely immortality, and various powers of mind and body; but nevertheless hereditary righteousness remains, unless it wants to understand, through the acceptance of grace, a perfect rightness of all powers toward God; therefore it necessarily comprehends these three things of which I have said. Thus it also seems that the Fathers have reported just that, when they describe sin, that it is either a lack of the righteousness that should be in us, or a lust, or a lack of understanding in the mind and a disobedience in the will; likewise when they say that hereditary righteousness is a rightness of all powers, namely against God, or as Nazianzenus said: it was the image of God. All this, that it rhymes together, is obvious, and I hope it will do the Doctor enough; I also think that he will certainly let him like what Occam said: he (if not the authority of the fathers were in his light) wanted to say that original sin was nothing more than a reatus.

Fourthly, although my writings are not primarily dealt with here, but rather the common teachings of our churches, if it can be argued that I have erred therein, I will answer honestly and gladly yield to those who remind me of the better.

That he further said that he accepted the difference between original sin and real sins with joy, I can say this for a whole truth, that this difference is taught in our churches with diligence, and has always been taught, it may be that one may speak proprie and more actually than the other, as it is wont to go. Yes, there are writings of ours in which Augustine is praised for having taught the difference of these words much more diligently than the others who lived before him.

Furthermore, in the Holy Scriptures one must also pay careful attention to when the word "sin" refers to original sin and when it refers to real sin.

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The first is the question of when it is to be understood from both, as it often understands both in itself, as the order of the arguments and proofs will show.

As to the fifth, concerning the saying of Jeremiah, "The heart of man is perverse," 2c., I will not quarrel much, for we can use other testimonies; nevertheless, I leave it to others to judge whether the interpretation of the actual sins to which the grant comes reveals the whole opinion of the text, since the prophet says, "The heart is evil and perverse in all."

So also in the first book of Moses is not written: All thinking and striving is inclined to evil; but: "is evil at all times forever". These universals truly describe the extreme corruption of nature.

Sixthly, he attacked us more harshly in such a colloquium than was due, saying that we were putting shame on baptism, indeed on Christ himself. It is necessary that this locus be refuted, in which refutation one must speak both of the majesty of holy baptism, and then also of the superfluous grace of the Son of God, whom we call upon and endeavor to praise with all our hearts. We also declare it to be true that grace is much more powerful than sin. For otherwise it could not bring us eternal salvation, overcoming death 2c. We also preach this, that the Holy Spirit is poured out abundantly.

But if we therefore conclude: If sin remains, the merit of Christ is diminished: we say that sin remains ergo so we diminish the merit of Christ. Let us answer the other proposition: We say that sin does not remain, but is taken away, not only as regards imputation, but also in fact in itself. But in this life the new and eternal righteousness is begun when a man begins to blot out sin and put it to death; after that complete righteousness is obtained when the body decays, which, as Paul says, is given over to death for sin's sake, that is, for the sins that cling to it. Therefore, the merit of Christ is gloriously emphasized when we teach with Scripture that the saints also have forgiveness of sins because of the death of Christ, not because of the law or their own worthiness; and believers have great comfort when they look upon the sacrifice of the Son of God in faith.

The other conclusion is: The Holy Spirit is poured out on us abundantly: ergo, He is so abundant

ly that he takes away all sin. I admit it, because he overcomes sin and begins the new righteousness. Meanwhile, he does not contend with sin alone, as Paul says Rom. 8, but "we also, who have the firstfruits of the Spirit, groan within ourselves, waiting for the adoption of God." Item: "The Spirit represents us with groanings unspeakable." Therefore the Holy Spirit is poured out abundantly into hearts, overcoming sin and taking it away in order, as we have said. As also Zacharias says Cap. 12, that the Spirit of grace and prayer is poured out. Namely, because the Holy Spirit encourages hearts to recognize grace, believe forgiveness of sins, wait for salvation, and truly call, understands the most distinguished services that are actually due to this new obedience.

The third argument, in which it is argued that something is taken away from the sacrament of baptism if one needs faith to ask for forgiveness of sins, is that forgiveness is given in vain in baptism. Answer: This is a wonderful understanding of baptism, if they think that the children are sanctified without the Holy Spirit. For when this sin is forgiven, then at the same time the Holy Spirit is given, which immediately begins to contend against the sins, and also afterwards resounds in the adults, in whom faith is to shine forth, which both recognizes the weakness, contends with this sin, and asks forgiveness; therefore these things fit together, that sin is forgiven through baptism, and that faith is necessary in the adults, which asks forgiveness of sins, as has been said. For if the Holy Spirit is given in baptism, it is truly active and powerful in adults who do not fall away.

Seventh, I now come to the testimonies from Augustino. Although (as is usually the case) in controversial matters, unequal testimonies are often cited from the scribes, a sincere judge, who loves the truth, would do well to take care of the author's steadfast opinion; and do not doubt us at all that this is the constant opinion of Augustine, which we have now told, although he speaks more clearly once than the other time, and we want to leave it up to the reader to judge this. The doctor considers the testimonies mocking, but one can easily judge from this what the opinion is. For this cannot be denied to me, that the locus in llokarm. tractatu 41, which we have cited, is both from the

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He speaks of the born-again as of original sin. For he says: As long as you live, sin will necessarily be found in your members; which cannot be understood, to which a full consent comes. Thus also the locus contra Julianum speaks of the born again, for it clearly says: The lust of the flesh, against which the spirit lusts, is sin 2c. Thus many testimonies can be read together, which assert our opinion, as contra Julianum libro 3: The law of sins, which is contrary to the law in the mind, which was also in the members of such a great apostle, is forgiven in baptism; but it does not cease.

Ad Macedonium, he says: "Believers are righteous because they have received grace, but sinners because of the defects of infirmity. Therefore, if we have been justified by faith, we are justified; but if we have the rest of Adam, we are not without sin.

But I do not want to tell anything more about this, I only ask that one should consider the steadfast opinion of the Auctoris with diligence. For the main thing is based primarily on the testimonies of the prophets and apostles. Therefore we turn to the saying to the Romans on the 7th verse.

The Doctor knows very well that there is a great disparity between the interpretation of Origen and those who followed him, and between the other, which we call Augustine's; nor do we think that the Doctor will accept Origen's opinion in such a way that he will prefer it to Augustine's; and because the opinion of Scripture is the more certain, we take it for granted that this alone is to be accepted as the true one. Therefore, after Origen, let us look at the text itself, in which Paul expansively interprets and explains this peculiar doctrine of the Gospel, of the benefit of the law, of the redemption that comes through grace, and of the remaining infirmities, over which grace is much more powerful.

For first of all he says that sin without the law is dead, in which saying, as in others, Origen combines various opinions and teaches nothing certain; since this is the true understanding, that without the law sin is not recognized, in such recognition, which terrifies and causes terror in the consciences, of which he elsewhere says: "Sin only causes wrath." Item: "The sting of death is sin, the power of sins is the law." Continue in the text: "But I lived without the law," that is, I was safe, and did not feel the

The terror of the law; "but when the commandment came, sin revived, and I died," that is, when I knew sin, the terror of death and the judgment of the law overtook me. This is the first part in which he preaches about the benefit of the law. Then he adds the struggle of the renewed man after such terror. For it depends on each other, and as he speaks of himself in the beginning, so he also speaks of his own person afterwards, and cannot be understood at all by another, because he says several times: "I delight in God's law according to the inward man," which cannot be said of one who is not born again; in him, he says, dwells sin; and what he wants to be understood by sin he indicates clearly enough, because he clearly says: this sin in his mind is contrary to God's law. Therefore, no other meaning should be given to the word "sin", as the Doctor makes a metalepsis that it is called sin because it was caused by sin. Although this also has its certain way, as we have drawn above from Augustine, that this infirmity is called both sin and a cause of sins, and also a punishment of sins. But Paul is speaking here specifically of weakness, which is contrary to the law of God. But that this is called sin by nature is not hidden from anyone.

To this also comes the other saying, in which the Lord Doctor rebukes what I have referred to: "To be carnally minded is enmity against God." It is all the same (if indeed he would rather that it be so spoken), the wisdom of the flesh. For Paul is certainly speaking of the opinion and judgment of the flesh, or of reason, which a man has according to the corrupt nature of the motions of the will that fills such error. All of this is stated in the text with one clear word , as which

is generally given by the word sapientiae; although I do not want to quarrel about the words, the dispute is of the rebus, for on this loco much thing rests.

The good deed of Christ cannot be sufficiently known, but first recognize the infirmities; and if this opinion of reason is accepted, that these pleasures, or infirmities in the mind, in the will, and in the appetitu sensitivo, and the vicious motions, which are called motus primos, should not be sin, then immediately these false opinions of the law creep in with them, that men are justified by the law, fulfilling the law 2c.

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Since there can be no doubt that this is not sin in its nature, which is called enmity against God (for what can be said that is terrible?), we have enough clear testimonies in our opinion. Here also belongs what 1 John 2 says: "The lust of the flesh is not of the Father."

But that Jacob says, "Lust, when it has conceived, begets sin," is rightly said; only it does not follow that lust in itself is therefore not such a vice, worthy by its nature of eternal death, but as the tree is evil, so it also brings forth evil fruit, as elsewhere Paul says "fruits of sins."

And this does not prevent me from disputing as if grace and sin could not stand together. It is true that the Holy Spirit and grace are cast out, and faith is lost, by which we are justified, if we commit sin against our conscience, as Paul says: "If you live according to the flesh, you will die"; but he also confesses that the Holy Spirit and this infirmity are together at the same time, which infirmity he calls a sin that is not idle. Therefore he says, "If ye shall put to death the business of the flesh by the Spirit, ye shall live"; and in like manner he elsewhere sets the old man and the new man against each other: "The flesh lusteth against the Spirit, and the Spirit against the flesh." "Our old man is crucified." In the same way as in the cure health is begun, so here regeneration is begun, and yet grace is more powerful, because the remnant of sins and sickness is gradually eradicated and the whole regeneration, namely eternal righteousness and life, is given.

There is nothing dark or confused about all these things together, and they have been taught in the holy scriptures of the prophets and apostles without any doubt. Therefore we should be satisfied with such testimonies, and at the same time not reject the testimony of the Christian church. For this reason we have also referred to the sayings of Augustine, who himself introduces the above-mentioned scribes.

But that the doctor finally argued that we should say that the guilt had been taken away, we answer that we have testified clearly enough that the reatus is taken away. But that he deals with it, that he wants to induce us to confess that this remaining infirmity alone is a punishment, we can by no means agree with him.

And I ask him to give me credit if I do not talk to him in a different way than I use to talk daily in my prayers before God. Truly, when I consider the doubts, when I feel and realize how much I lack the fear and love of God that is required of me, I cannot judge that it alone is a punishment. I recognize and confess that it is sin, and so the whole Church prays, "Forgive us our trespasses. For this reason, I cannot accept the proposed mitigation, and rather request that you applaud the Scriptures and your consciences, which themselves know in daily experience that this evil evil is not only a punishment, but also a sin in itself, but which is forgiven the faithful who ask for forgiveness in faith.

Now, from the argument that has been drawn, there remains to be discussed this: sin is forgiven, not in such a way that there is no longer any sin, but that it is not imputed. As far as I am concerned, I find that it is wrong to have attracted it, but the saying is found several times in Augustine. In another place he speaks: Not that there is no sin, but that it does not reign; and if I had been there when these books went out, I would have changed this myself in time enough.

But I will leave everything else in its place for now, and if necessity demands it, I will state my opinion widely.

Since nothing has been touched on the sayings from Micah and Ezekiel, as well as from others, I have given this much in reply to them in a summary: sin is taken away in baptism, as far as the reatum or guilt is concerned, and the Holy Spirit is imparted, who begins a new obedience or righteousness; the same only becomes perfect afterwards;

The prophets speak in the same way, not only of one work of baptism, but of the whole meaning and effect, as they also summarize the begun and complete regeneration. And Jer. 31: "I will make a new covenant" 2c., likewise Joel 2. And herewith I have spoken my opinion as much as I could; pray, let others also be heard who can speak better of this.

After this Oration, the Imperial Maj. Maj. Commissarius and the other presidents have ordered that D. Eck should, as much as possible, be brief in his speeches and, putting everything else aside, should only speak of what is necessary for this matter; and this should also be followed in other matters.

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What D. Eck has just brought forward on the same day in the afternoon at 2 o'clock.

Reverend, kind and respectable, distinguished gentlemen!

Although much should be said in response to the magistrate's submission today, because the matter is very important, I will nevertheless take my time. For as far as the changing of the Augsburg Confession is concerned, I am now leaving this outside with diligence; but as far as the princely orders are concerned, since my lord considers this to be the case, I am leaving it outside with diligence. But as far as the princely orders are concerned, since my lord thinks that I do not take the punishment therein, Eck would have to be a bold fellow if he wanted to judge royal and princely deeds freely.

That which he includes in the introduction, about the movement of the heart and about sin in the saints, when they doubt whether they also have the righteous fear of God and fervent love, whether it belongs to another article, of which I disputed against Luther and Carlstadt twenty years ago in Leipzig, Eckio, if he (God grant it!) has a good opportunity to deal with it, should not lack Scripture and unimpeachable arguments.) will have a good opportunity to act on this, he will not lack Scripture, the Fathers' authority, and unambiguous arguments. But because the Master, after his long speech, comes to the point that such movements, which the theologians call motus primos, make man an enemy of God, which he wants to confirm from the Apostle's saying about the carnal mind, since it is much different, as he himself interprets it, "to be carnally minded", than the lustful mind.

the plague, the tinder and the plague itself. But I put this on your all reasonable concern. Who would believe that from such first movements such a horrible vice should be committed? For since no one can live without them, moreover, since they arise against our will, let there be a pious man who is indeed stimulated by such movements to avarice, adultery, and vengeance, but who, by the impetus of his reason, bravely resists such temptation and temptation with God's help, so that it does not reign, and who obeys the lusts of such movements.

Much better would he have said, according to the opinion of the holy fathers, that such first movements, if one does not follow them, cannot be accused of any sin; although I do not hope that the aforementioned disputator, as a mild person, would want to burden all people with such serious vices. Nevertheless, unlearned preachers are found, who treat such vices in coarse

They may draw the mind, and pretend that it is a terrible mortal sin, if either a man, woman, or honest virgin is challenged by such innate movements. For whoever consents to it, commits a real sin; whoever does not consent to it, they nevertheless say, sins because of the deceptive lust. The fathers have always foreseen this, so that no man in the perfect law of Christ would be entangled in any case from the beginning. To the extent that Gerson, otherwise a famous theologian on their side, teaches in Moralibus and other books. Yes, and that is even more, for this reason they get it into their heads that they also burden the childlike innocence, even if they are born again, with mortal sins, by desiring food and mother's milk out of hunger, or longing for a warm little nest in the cold.

And so much of my Mr. Disputatoris entrance.

But before we proceed to the trade itself, let me think that I have kept the right order, that yesterday, soon after the end of my conversation, I asked him to keep Christian unity with us, his brethren, and also pointed out ways how we could easily come to it in the Augsburg Committee; but he rejected my request almost to the end, because he cries daily to God: "Forgive us our trespasses."

But if he had preferred to imitate Augustino, who, according to his touch, should keep it with him, he would not have despised my humble plea, which springs from love and desire for unity. For the holy father writes libr. I. contra duas Pelagianorum epistolas, that it is not for the sake of evil desire that we say, "Forgive us our trespasses," but for the sake of the words which follow, "And lead us not into temptation."

However, since I am well aware of the fact that your Excellencies and Glories want me to be brief, I will also make an effort to be brief, but in such a way that nothing is taken away from the evangelical truth.

So that this may be done the more effectively by me, I hereby humbly ask everyone to keep what I am now summarizing in fresh memory.

For all that has been introduced from the Apostle, from Augustine and others, certainly the holy Fathers unanimously understand of the lust, either of the same tinder, or of the evil affections in themselves, which in the whole life exercise us, that Job not unevenly says: "Man must always be at strife on earth," as Augu-

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stinus on the blow citirt. For these are the remnants of the old man and of the first earthly Adam, whom one must strip off and renew from day to day. We have to kill such deceitful lusts and dampen the law in our limbs. For this purpose, fasts, vigils and other chastisements of the body are ordered in the church, and some people choose such things of their own free will, without any compulsion. But since there are so few of us who do this, it is no wonder that lust, the tinder of it, the law of the members, reigns as a tyrant in our mortal body. Because such things often force us to consent to sin, we all pray for the prevention of such infirmity, from which even the most holy want to be delivered.

Now that this has been said at the beginning, let us go over what has been said today. In the point of definitions or descriptions, he pretended that enlightenment and conversion to God belonged to natural righteousness. I truly do not find this either in the Scriptures or in the Fathers. But natural righteousness helps a lot to such works. Inasmuch then as my Lord Collocutor immediately said of death, and what more accidents are attached to it, for this reason natural righteousness also had even more gifts. But that one wants to conclude from this, as if they were the same gifts, is not in accordance with rationi metaphysicae; just as this, too, since he pretends that hereditary and natural justice is nothing other than the complete perfection of all powers. If he speaks of justice alone, we cannot admit this as contrary to Augustine. But when he speaks of this righteousness, by which he understands everything that follows it, we have no hesitation in ascribing anything more to it. Therefore we gladly confess that the loss of the natural acquired righteousness is followed by ignorance in the mind, which the Lord Collocutor called darkness and disobedience in the will, because St. Bernard's opinion must be kept that harm and punishment remain, even if the original sin is remitted.

Regarding the introduced Occam, I have not looked at it in 26 years, but since then I have not forgotten how different the teachers were about original sin, that some, especially the old ones, who had an eye on the evil torments of lust, taught that original sin was nothing else but such a torment; but the new teachers, on the other hand,

who took the formal of it into diligent respect, have attributed to lust the guilt and wrath of God, because we are by nature children of wrath, and thus the preference of guilt.

Occam and others from the new teachers have been of this opinion, but they have not been allowed to reject the old ones, because they had the authority of the fathers on their side.

For this reason, Gabriel, a German theologian, who otherwise compared several different opinions and wanted to bring them to a unanimous understanding, also compared the teachers unanimously in this trade.

Further, just as I put up with it yesterday, so I should not dislike it today either, that the difference between original sin and real sins is diligently practiced in the church. For I have no doubt that the venerable master and the other scholars of his ilk will know how to be modest in this, as in other things. But I fear that if unlearned preachers, of whom there are the most (as in our part), come across such writings before they have been improved, they might, because they lack discretion, disown themselves, unless something else arises from it.

And it is unnecessary for us to discuss Jeremiah's saying any longer, because we admit that the heart of man is evil and perverse from his youth, either because of lust, which as a lure drives to evil, or because of real sins; but that the Scripture should say of all, I do not know, and yet let it be so, it is not to be understood in any other way than as other ways of speaking in the Scripture, when it is said of all. As: All Judea went out to John. And this is very common in Scripture.

But it seems strange to me that the worthy master secretly wanted to poke me in the introduced saying from the first book of Moses, because the church always read it in this way, as I have attracted it: "The thoughts and aspirations of the human heart are inclined to evil (in malum prona sunt) from youth."

But when he constantly says that his people do not take anything away from the majesty of holy baptism, nor from the merit of Christ (for he agrees with us that in holy baptism both grace is abundantly given and the Holy Spirit is abundantly poured out), it is true that he himself speaks correctly, for this is what Paul says in the place where he is dressed. But whether he also speaks to the gentlemen present here-

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I do not know whether I have done enough with it. For my own part, I truly cannot be satisfied with this. For how could either grace or the Holy Spirit be given abundantly if they were not so powerful that they could forgive and erase all guilt? For it would rather be said that the guilt is so great and overwhelming that it cannot be put away by grace-filled baptism; for from this it would follow that the sacrament of baptism is much less powerful than penance, in which not only the guilt but also the chastisement is taken away, according to the opinion of the adversaries; but baptism, being somewhat weaker, could not take away the whole guilt. But what my lord always repeats of incipient righteousness, death, regeneration, and the like, these have the understanding we have given from our mutually held agreement.

So we have already explained yesterday about the lust of the flesh in Paul, about the outpouring of the spirit in Zachariah, about ourselves, how there is no one who does not experience the conflict of the flesh and the spirit, and does not do enough in this matter when he praises the baptism of the children, who fight and ask for forgiveness. The children, says Moses, still today know neither good nor evil. I ask my lord, whom I have known for almost 25 years now, to learn a little better the power and regenerating virtue of baptism, so that it touches the body and bathes the soul, as Augustine says. He makes the trade itself difficult for him. How can baptism give grace and spirit to a baptized child if guilt remains in him? And that Luther says that original sin remains after baptism as well as before, I confess my simplicity, that I cannot understand how a child can be God's friend through grace and God's enemy because of guilt. And so that I may open my opinion even more easily: if you want the guilt of the lust pestilence to remain in a man for and for until the regeneration becomes perfect, then there is not a man on earth who does not have a thousand and more than a thousand sins on him, and indeed mortal sins, as some of your part speak, because of the evil lust pestilence.

Who then wants to be blessed in the wide, wide world, when he is stricken with so many mortal sins, because he can never have peace because of evil desire from his childhood to the extreme yeasts of his life; indeed, all men without distinction would have to be tormented with eternal hellish fire because of this mortal sin.

To the saying Augustini tract. 41. sup. Johan., which has been mentioned today, has already been answered superfluously, and if the disputator of Augustine's opinion had been fully addressed, we would already have the answer. For Augustine puts it this way: One only takes the rule from lust, one does not do what it wants to have. Behold, he speaks of lust, which incites to sin, of which he rightly teaches lidro 2. contra Julianum, that it is forgiven under the name of the law of sins, but not even ended. And that therefore, look up the worthy master Augustinum, who in the same book thus says: Can you now distinguish it? Can you now understand that also in baptism all sins are forgiven? He goes on to say about the struggle that even in the baptized there is an inner warfare because of the inward vices. And soon after: Although sin has not the same name, which makes man guilty 2c., with the following.

So, when Augustine ad Macedonium calls the faithful sinners, I hear (this saying unsought) Augustine's opinion on this from his own words on the Psalm: "All men are liars." The children, he says, are transgressors, as then also sinners; but im- proprie. Note the little word: improprie.

Further, that the Doctor says that Eck has made a metalepsin in the little word "sin": he should know that it was not conceived by Eck, but brought on the track several times by Augustino.

I also do not want to burden the learned gentlemen in the audience with the interpretation of the 7th chapter to the Romans, because I do not consider that we are here for the sake of reading, which we have to do at home in schools.

Therefore, in order that I may discover my opinion in one word, I did not dislike the said Augustini's opinion in the face of such a repugnant opinion of the teacher yesterday. If the master will also be comfortable with the same, we are already one. But I am not satisfied with what he has brought onto the track from his own head.

But as for the saying of John in his 1st epistle on the 2nd, he cannot embellish his opinion with it; for it is auctoritas sabbataria: 1) "All that is in the world, lust of the eyes, lust of the flesh, and hopeful living, is not of the Father, but of the world." There he has nicely described the causes of the great vices that are committed in the world.

1. sabbataria - a reason of evidence valid among the Jews, Jewish.

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There is no doubt in the apostle Jacobs that he holds with the common interpretation when he says that lust, when it has conceived, gives birth to sin, which happens when the will consents to evil lusts.

Finally, so that it would appear as if he ascribes something to the power of baptism, he confesses that the guilt or reatus is removed in it. But I want to ask him whether the guilt (culpa) is also taken away or remains? For I do not want to start a quarrel about the words, which Luther called reatum sophisticum so many years ago; but this I desire to know, if the reatus is taken away, whether a guilt, an underlying sin, also remains, or not? For if the guilt or sin does not remain behind, but is taken away at the same time as the reatu, we can all the more easily attain to the desired purpose of unity.

But that in the hidden words, as some are wont to do, there should be this opinion, namely, that baptism brings with it forgiveness of sins, but does not take away sin, we would be in this very doubt. For what the Lord has said about various evil thoughts that arise daily, we ask little about which evil thoughts the Catholic doctors also compared to Egyptian flies.

This is why the prophet Micah is far from being satisfied, who says that all sin will be subdued and thrown into the depths of the sea. Nor to the prophet Ezekiel, who testifies that we will be cleansed from all filthiness, 2c. since the most impure sin of evil desire should remain.

It would also be a rather bad answer from the apostle to the Corinthians when he says: "And these things ye were before; but ye are washed away, ye are sanctified, ye are justified"; which does not rhyme at all with a baptized man who is still entangled by the sins that remain. And that we may fully prove and carry out the opinion of the Christian Church, let us repeat the opinion of St. Paul a little more deeply. For when he had said to the Romans, "Let not sin reign in your mortal body, that ye give ear to its lusts," he added, "What then? shall we sin? for we are not under the law, but under grace. Be it far from that!" Why, on the contrary, do you say that it is sin, since Paul denies it? Far be it that ye sin, saith he. So also saith Jacob, "Resist the devil, and he shall

depart from you." If the sin of lust remained in us after this life, when would the devil want to flee from us? Further, Paul says to the Colossians, "Put to death your members which are upon the earth, fornication, uncleanness, covetousness" 2c. Now if sin always remained until the full renewal, no man would kill his members. Almost with like saying he speaks also to the Romans, saying, "If ye by the Spirit kill the business of the flesh, ye shall live." Now if the guilt of lust were to remain, no one would live, and that little would be accomplished which he commanded, that we should tear down the body of sins, that we should not further serve sins. Which we consider to have been done by those of whom he says just as has been thought today, "who have the firstfruits of the Spirit, and wait for adoption" 2c., and what he said in the beginning of the chapter, "there is nothing condemnable in those who are in Christ Jesus" 2c., where he immediately adds the reason, "for they do not live according to the flesh. This same apostle would have encouraged the Catholics in vain when he says: "The law of the Spirit of life in Christ Jesus has redeemed me from the law of sins and death", which does not rhyme at all with the one who has mortal sin on his neck. These sayings of St. Paul, along with others of the same kind, about the bathing and cleansing of baptism, I set squarely against those who teach that we are ensnared by the sin of lust throughout our lives.

And even though we have heard Augustine many times, there are countless other testimonies of his, which are useful for the assertion of this opinion of the Christians. Now I only love to bring out this few ex libro I. de civitate Dei, cap. 25: If the eager disobedience, which still dwells in the dying members, and contrary to the law of our will, immediately stirs according to its own law, how much more is it without fault in the body of him who does not consent, if it is without fault in the body of the best who sleeps. And again, he speaks a little more clearly: The tinder, he says, is both punishment and guilt before baptism. In De peccatorum meritis et remissione, libro I, c. 34, he proves that in a baptized child there is neither original sin nor real sin.

Let us also, for the confirmation of the truth, refer to the holy martyr Cyprianum de ablutione pedum, since he thus says: Of the secret and hidden gift of the Hei-

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This grace comes and pleads with the Holy Spirit, which thus cleanses those who have been infected by the stain inherited from our parents, 1) so that neither real nor original sin leaves a sign on any member after the washing away. Since the holy martyr states in clear words that no sign of the original stain is left either. And the same opinion is also Ambrose about the epistle to the Corinthians. Therefore, Augustine's libro 2. de civitate Dei, when speaking of the baptized children, has canonized them, over whom (he says) there is nothing more innocent.

Now that we have heard the prophets, the gospel and the apostles, as well as the holy fathers, let us also assert our opinion with certain reasons. For to say that a sin remains, which against our will denies us, even completely takes us over, is an inconsistent thing; where would free will be preserved? Because Augustine's opinion is steadfast and firm about something other than original sin: Sin is so voluntary that if it were not voluntary, it would not be sin.

About this and the other, which arises from this very root: No commandment is to be given unless it is about something good or evil that can happen. But if this sin of lust were necessarily in us, no commandment would have been given about it. The force of this reason is explained by Augustino lib. I. de doctrina christiana, and as he himself testifies de gratia et libero arbitrio, the commandments of God would be of no use to man if he did not have a free will in them.

Thirdly, every Christian knows of himself that he must live according to the divine commandments, otherwise he will not attain eternal life; as Augustine assumes this to be known de spiritu et litera, and Christ himself testifies: "If thou wilt enter into life, keep the commandments"; for if anyone will not keep the commandments of God, upon him will come the curses written in the fifth book of Moses. Therefore, these inconsistent things are to be avoided; it is much better to recognize the power and effect of baptism, to highly praise and emphasize the merit of Christ that works in baptism, not to pursue the innocence of the children after baptism with such a more than Herodian tyranny, but rather to praise and emphasize God in the baptism.

1. "abfleuet" (if otherwise the reading is correct) - abWäscht. In Latin: Invans.

We, the elderly, who often consent to the lusts that tempt us, should, by means of divine help and diligent prayer, confidently resist the temptations, so that we may be crowned in eternal bliss by God Almighty.

This is what I wanted to bring forward, so that I would do enough for the venerable Lord Collocutori, and bring what is necessary for this matter, diligently asking that he would accept the formula of unity, which is unfortunate for us, with his brothers, so that peace may be happily restored in the churches of the German country, for the edification of the subjects. This I wish from the bottom of my heart.

What the following Sunday, namely the 16 Januarii afternoon at 3 o'clock been traded.

First of all, D. Conradus Braun, on behalf of the Presidents, informed the Estates of the Augsburg Confession that the Commissary and the Presidents consider it good that both parties had sufficiently discussed the other article of the Confession during the past two days, and that they would therefore like to discontinue further discussion of this article.

But in the name of the Estates of the Augsburg Confession, Mr. Philippus answered thus: although they would gladly comply with the Commissary and the Presidents, it seemed to them to be a very difficult bargain that they should not answer to what they had been accused of yesterday; for this reason, he asked that they also be granted what is otherwise customary in such matters, namely, that as often as the plaintiff brings something forward, so often is the defendant also heard.

To this the Oratori of the Presidents was ordered to reply: although both parties had discussed this other article, the Commissary and the Presidents did not want to deny them their request; but in such a way that the other party was reserved to speak last, because the Confession and Apologia, which they had handed over, were instead of the first proposition; at the same time it was also reminded that the Commissary and the Presidents requested that the discussion should be so restricted that it would not last more than an hour.

Thereupon, Mr. Philip, on behalf of the Estates, thanked the Commissario and the Presidents, and pointed out that the previous day several things had been decided by the opposite party.

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She said that they had been spoken to harshly, and then raised several arguments to which one must respond; she also asked that any of their party who had been mentioned in this conversation, who wanted to say something for his person (as would have been admitted before), not be denied this. Likewise, they thought, because the opposing party had begun to speak first, that they were plaintiffs. For the delivered Confessio and Apologia would be the very matter to be dealt with; therefore he reminded that they and not the opposing party would be favored to speak last. To this the Orator of the Presidents answered: the Commissarius and the Presidents therefore consider it good that the discussion on this point should be continued and concluded for both parts. As far as the other articles were concerned, however, their lordships, in addition to the presidents, wanted to declare their opinion tomorrow.

Mr. Philippi's third answer.

It is not difficult to respond to yesterday's long oration, nor to the matter of the oration itself, in which there is nothing confused; but there are two other things that trouble me and are dangerous to the truth. and are dangerous to the truth. Namely, that the doctor, putting aside order, interferes with many things now and then, and uses some doubtful words, so that he harms our cause, as that instead of sin, or infirmity, which we say is forgiven and given to the saints, he soon uses the deceitful little word criminis, balb .capitalis peccati, balb culpae, since there is a great difference between these words. At times he altogether perverts my words; as when he says, as if I should wonder at the baptism in the children that ask forgiveness. These wonderful words are not ours. Since he made a blue haze in this way, he pours out cruel invective, measures us a Herodian tyranny. I am disgusted by both, by sophistry and by vituperation. And I am of the opinion of our most gracious emperor, of the well-born Mr. Commissarii and of the presidents Will and Opinion fei, that one should investigate the truth peacefully. And I know that up to now I have discovered our opinion sincerely and without danger. If I were to leave the way, I would rather wish that the Herr Doctori be given another Collocutorem; for in matters of religion, all sophistry must be abolished - and it behooves

not that one should pick on the other with invective. In our country, infant baptism is defended and beautifully decorated by many people's writings, and we are mostly domestic fathers. Truly, we are also concerned about the salvation and welfare of our children. How often have I myself heard these words uttered and diligently imagined: "It is not my father's will that one of these little ones should perish. We believe that they become children of God in baptism, that they receive the Holy Spirit, and that they remain in grace, as long as they do not spill it with real sins, at the age that reason can now use. But the disease that is there is not mortal, but is a forgiven and given sin. Therefore may he cease to impute to us a Herodian tyranny, or he will hear again what he does not like. I hope that sensible people will excuse me for reminding this at the entrance. For it has not befitted us to be silent to these invectives. I consider the doctor to be a learned man; I consider him to be a sincere man; therefore I would like to talk to him about my thoughts, as I do with many, if he would dispute with me without bitterness of heart and without sophistry; but I have no desire or pleasure in such quarrels, nor do they serve peace and quiet.

Now I come to his answer, and will first say about the words: The word "vice", crimen, means a real sin, namely a deed, by which the law of God is violated against conscience. With this, grace is not. Thus we do not say that the vicious movements in the saints, which they resist, are vices.

And the doubtfulness of which he spoke mainly explains our doctrine of justification; we have shown how obedience is pleasing, since it is imperfect. On the other hand, we also say that righteousness and grace are lost when the law of God is transgressed against the conscience, as Paul says: "Those who do such things will not possess the kingdom of God." We also make a distinction between the desires and the corruption. Therefore he does us wrong when he says that we burden the children with mortal sins when they desire food in hunger or cover themselves against frost.

He also often repeats the word "mortal sin", by which we understand a prevailing sin, as Paul speaks, be it hereditary or real sin. But we have witnessed it so many times,

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that the born-again are not credited with the ruling sin, but with the forgiven sin.

The word "guilt", culpa, moves us with its doubtful interpretation. For the ancients commonly used the word culpa per reatu, that is, for an imputation by which one is guilty of something. But the younger teachers take it badly for sin, and distinguish it from punishment; therefore, in order that he may maintain against us that this plague alone is a punishment, not a vice contrary to the law of God, he desires that we should say that all guilt is taken away. If, then, he understood the reatum through guilt alone, there would not be much in it; but if he wants that what remains of the plague to be a punishment alone, and not in its nature a vice that is contrary to the law of God, I can by no means applaud him, and say that this evil is too much suppressed, and that many other mischiefs arise from it. For if we admit that there is no sin at all in the saints, it runs counter to the saying of John: "If we say that we have no sin, we deceive ourselves, and the truth is not in us," and the delusion or conceit that people can fulfill the law of God immediately follows.

I have said about the words, and at the same time answered to yesterday's desire (de culpa), hitting the little word "guilt". Now I proceed to the definitionibus or descriptions of the things in themselves. The doctor sees why there is actually a dispute, namely, whether we are doing the right thing in thus making light of sin, and whether the new teachers put it down too much and hold it in low esteem. For this reason, he seeks the contrast between hereditary righteousness and sin. If by hereditary righteousness alone he understands an acceptance of grace, and by sin alone the reatum, that is, an imputation or rejection without all vices in the nature of man, then he is philosophizing too much. The Scriptures and the Fathers stand in the opinion that this righteousness was not only an acceptance of grace, but also a complete rightness against God. This cannot be in the least without a light that knows God, and without the probation of the will toward God, and without due order of the other powers, as is disputed in 2. dist: 29. And Ambrose says: When Adam was alone, he did not transgress, because his mind was attached to God. There he truly grasps exactly what I have summarized; and I do not make of it an identical order.

titatoin metaphysicam of the gifts, it is also known from the common descriptions that righteousness, which is called universaIis, includes more virtues, or obedience in all powers.

On the contrary, by original sin we understand not only a rejection of the human race or an imputation, but also the corruption of nature in itself, in the mind, in the will, and in the desires of all five senses. Therefore, you must refer the epidemic of lust not only to the appetite of the five senses, although the examples of this are common, but also to the higher forces in the mind and will, as has now been reported. There is a clear saying of Augustine about the baptism of little children: "The corruption remains not only in the body, but also in the mind, which is the inner man. Therefore the sayings of St. Paul rhyme very well with this: "To be carnally minded is enmity against God. Item: "The natural man understands nothing of that which is of the Spirit of God; it is foolishness to him and he cannot know it," since he is truly speaking of the description of the mind and the will. Therefore, it can be sufficiently understood that we are right in not minimally denying sin, and that I am not adding a new interpretation to Paul's, but that the one I am telling is truly the opinion of the prophetic and apostolic Scriptures, as well as of the learned fathers.

Then I come to what has been reported about baptism. He says that sin would become powerful if grace and the Spirit could not completely forgive and eradicate it. This is the short answer: We say that sin is completely remitted when a person is received into grace by God through baptism, therefore grace is much more powerful, which completely buries this sin through forgiveness, as is written in Romans 6. Then also in those who are born again the spiritual regeneration is begun, although in the meantime the sinful body (as Paul says) remains, with which the regeneration struggles, which finally, when the sinful body is completely eradicated, will become perfect.

The same opinion has it about the sacrament of penance and baptism in adults, that the real sins, if they have passed away with the works (as it is customary to say), they do not remain, but are forgiven. But the original sin remains, as far as the work is concerned, whether or not.

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It may well begin with her being killed, and yet what remains will be forgiven. Therefore we ascribe nothing less to baptism than to the sacrament of penance. What follows I have not said, that baptism in infants asks forgiveness. And if, in repeating my words, he errs in this way, I give him credit for it; but if he deliberately tries to distort them, it hurts me greatly, although it is not necessary for us to ask much about what movements are in the children whom the Holy Spirit sanctifies. But because it says, "The kingdom of heaven is such," we must confess that the regeneration is begun in them.

After that, however, I have reported on the movements of adults, that faith contends with this sin and takes hold of forgiveness in baptism and accepts it with thanksgiving, and, because this evil does not go idly, that faith asks for forgiveness. I have also not said that guilt (culpa) remains in baptism, for I am careful to guard against this word with diligence, because it can easily be drawn into misunderstanding and doubt.

The Doctor also says that he cannot understand how a child can be a friend of God through grace and an enemy of God through sin. Who said this? A born-again person is God's friend because of the mediator of Christ by grace, and because he has received the Holy Spirit; and the evil that remains is given to him and remitted, even though it is a sin that is contrary to God's law. But it does not prevail, indeed, it is buried by forgiveness, as elsewhere de definitionibus or-

thodoxae fidei c. 49. It is written: No saint and righteous person is without sin, but nevertheless he does not cease to be holy and righteous because he pursues sanctification.

This is followed by his thundering words when he says: "Because you make the evil desires in men perpetual sin until perfect regeneration, there is not a man on earth whom you do not afflict with a thousand and a thousand sins, and that with mortal sins.

First of all, he knows very well that we do not say that the sin of lust is perpetual; then he also added that of his own, that we burden people with mortal sins; for we say that such sins are remitted to the born-again by grace. In the meantime, it remains true that this pestilence is not idle, but causes many movements contrary to the law of God, which are to be

and keep the consolation with true faith; that these sins are forgiven, and that obedience, though not perfect, nevertheless pleases God for the sake of the Mediator who forbids us. All this is truly salutary and as clear as day to the godly. For this reason, we are not afraid of the other mean things that he has told in his long declaration. So also the sins of the saints, which they bear, are not little and small. As Moses prays, "Even the innocent is not innocent before thee"; and David, "For thy name's sake, O Lord, be merciful to my iniquity, which is great," though such sins seem a bad thing to the sure and impenitent. But those who are experienced in the practice of true repentance weep for such, as Ezechias: "Like a lion he has crushed all my bones." Thus we read in the vita Augustini that for several days before his fatal death he wrestled with great sadness and lamented with tears and prayers that in so long a life he had not mourned his sin more fiercely. And these are the right words of devotion that he speaks in the 13th chapter of the Dei libro: "He who thinks that he lives without sin does not mean that he has not sinned, but that he has not been forgiven.

I will pass over many other things with diligence. As far as the saying to the Corinthians is concerned: "You are washed away, you are sanctified," 2c., I give just what was said above as an answer. Both original sin and real sin in adults, of which Paul speaks, are forgiven through baptism, and sin does not reign, although corruption remains. "That is what you were before," he says, defiled with real sins and with original sin, "but now you are washed away and sanctified through the forgiveness of sins and the regeneration that has begun."

As for the 7th chapter to the Romans, the Doctor does just as that painter did when he painted the sacrifice of Iphigenia. For in such a painting, when he had finished depicting the various gestures of each princely person standing there, and did not know how he should depict the sad father's heart, which far surpassed the others, he paints him covering his face with his cloak. This is how the doctor does it: when he has finished with the glosses with which he paints the other testimonies, he passes over the most noble saying and wraps it up. Of which Augustine speaks: these words of St. Paul have captured him, that he confesses

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as if he were speaking of his person or of the born-again. There, St. Paul explicitly and often calls this plague a sin, and so that the word sin is not used in an uncertain sense, he says that it is such a thing that is contrary to the law of God; then he adds the comfort: "There is nothing condemnable about those who are in Christ, for the law of life has redeemed me from the law of sins and death," namely, through forgiveness and the renewal that has begun. For he does not say that he has put off the plague, namely the law in his members. Yes, soon after that he says that the body of sins has been handed over halfway to death.

The sayings, drawn from Augustine and from other fathers, I leave to the judgment of intelligent people. Most of them are not against us. We also say that in baptism all sins are forgiven, and I ask that the constant opinion of Augustine be well considered.

Finally, he passes over the testimonies and brings in argumenta taken from reason and from civil mores to prove that pestilence is not sin. The first is: all sin except original sin is real. Therefore, this surviving pestilence in the saints is not sin, or a vice that goes against the law of God.

Answer: In the first sentence, original sin is excluded, and this saying speaks of civil morality. But this is the main reason why we disagree about this saying, that the difference between civil infirmities and impurity before God, as well as between civil righteousness and the righteousness of faith, be diligently observed. The other is: no commandment shall be impossible, 1) therefore lust is either no sin, or the law is impossible.

To the first sentence I answer: I agree with it as far as outward morals are concerned, and so the divine law is possible to keep as far as outward discipline is concerned, namely, as far as outward honorable service is concerned. But the law of God preaches not only about the outward services, but also about the inward obedience of the heart: "that you love the Lord your God with all your heart" 2c. The outward discipline and confession of true worship is possible, and can and should be done; but no one is to be held accountable to this law.

1. In the old edition: "useless".

law can suffice as far as purity of heart and perfect obedience are concerned. Therefore Paul says: "The law of God is spiritual", that is, it requires not only the political discipline, but also the spiritual movements of the highest love of God; and yet this law was also possible before the fall of Adam. According to it, the corrupt nature opposes the law, and yet it was given to bridle from without, and to accuse and condemn sin from within. As Paul strongly affirms that men are not justified by the law, and preaches that the Mediator, the Son of God, was given, through whom we are reconciled to God and made heirs of new and eternal righteousness and life. As John also says, "The law was given through Moses, but grace and truth were given through Jesus Christ," that is, both forgiveness of sins and eternal true righteousness and life were given. So the law becomes possible again, when the new obedience is started, according to the saying: "I will put my law 2) into their hearts" 2c., and the sins are forgiven because of the Son of God, to those who repent and believe that they are forgiven because of the Son of God, and by this nothing is taken away from the free will, it can govern the outward discipline to some extent, and when it receives help from the Holy Spirit, it has new movements that agree with the law of God.

The third is, "If thou wilt enter into life, keep the commandments." No one can keep this commandment, "Thou shalt not lust," 2c. if it is understood from the natural disease. Because of this, no one can be saved.

It is truly to be lamented that the law and the gospel are so mixed together. For the broken tablets are called Mosi, so much so that no one can become righteous before God through the law. Therefore this saying, "If thou wilt enter into life, keep the commandments," must be held against the promise made by Christ, for which sin is forgiven and new righteousness is given in return, and God is pleased with the beginning of the law, as shall be said in its place. That he then says, that he might abstain from the inconsistent things which he relates in the arguments, that therefore one must hold so hard about it, lest this pestilence be held for it in the saints.

2. "Law" put by us instead of: "heart", according to Jer. 31, 33.

544Section 2: Colloquium zu Worms. No. 1353. w. xvn, 679-681. 545

it is a vice that is contrary to the law of God: so we take away the inconsistent things, and set against them far more important reasons why we stick to our opinion, so that we do not confirm the human opinions that make them dream as if men could fully satisfy the law of God, as also other errors, by which the benefits of Christ are not a little obscured.

But that the Lord desired that I speak with my colleagues about it: I have done so, and have asked that each one may speak his mind without hesitation; but they are all unanimous in this, that all men, who are conceived according to the common way of nature, by the concomitance of male and female, when they are born, bring with them original sin, as the church confesses; and hold that the explanation of the descriptions which I have given agrees with the writings of the prophets and apostles, and with the pure scribes of the church. They also do not think that in this case some are against it. They also agree that in baptism original sin is forgiven, that is, the Holy Spirit is imparted and given, which begins spiritual regeneration.

But as for the other diseases that remain in the saints, they think that they are not a means, or only a punishment, but a vice that is contrary to the law of God, which is sin in its nature; as St. Paul also expressly calls it sin several times, but it is remitted to the born-again.

These are clear and understandable words, which do not contain anything doubtful or captious. If this opinion would be enough for the doctor and his colleagues, we would be happy about it. We have no doubt that this is truly the unanimous consensus of the entire Christian Church, that is, of the holy patriarchs, prophets and apostles, and of all the saints from the beginning to this day.

And hold that this opinion is certainly and truly taught in the prophetic and apostolic writings; and have no hesitation in provoking the right Christian ecclesiastical courts, that is, God-fearing and learned people throughout the world, and are astonished that the opposite proclaims so vehemently that people could be without sin, since Augustine himself calls such delusion a nonsense when he speaks: I certainly will not say that a single man is without sin in this life, even if the Pelagians burst with great nonsense. Not because something of

of sin remaining, which is not forgiven in baptism, but because it remains in us, as long as we remain in the weakness of this flesh, it does not cease to occur daily; but which to those who pray diligently will always be remitted.

But in the church there are commonly two groups: the one who understands the law only carnally and pauses and defies his own righteousness; the other who recognizes his weakness and infirmity, takes refuge in the mediator, the Son of God, asks for forgiveness in faith, and also receives it'. Both of these images and patterns we have in the Gasterei in Simone. In the same way, when he despised the poor woman, puffed up by his own holiness, the Lord Christ begins to speak to the poor woman, punishes the presumption of the Pharisee, and on the contrary, speaks to the woman the forgiveness of sins, and ascribes to her the praise of the fulfillment of the law, namely love. Perhaps this is exactly what we encounter now. For the persons can easily send themselves to both parts here; we are dealing with the preaching of repentance, with faith, with forgiveness, with the recognition of our own weakness, with the true service of God, so that we wash the feet of Christ. How we will receive this, the work itself gives. You have now heard, Doctor, our opinion, of which we have conversed; if anyone wishes to recall anything further, let him do so. I didn't want to be too broad, so that I would behave according to the order of the Commissarii.

D. Eckio has been allowed at his request that he gave his opinion the following day at 7 o'clock, and such recently. It has also been ordered that he end this conversation before another article herewith.

So the following day, January 17, at 8 o'clock, D. Eckius started:

In your name, sweet JEsu, Amen. Reverend, honorable, manly, noble and elective lords and fathers! I must answer my Collocutori. For when he first says that I did not keep order, I confess that I did it because the matter did not want to suffer otherwise. What I said the previous day about capital sins and the like, I did not attribute to the Magistro, nor in general to their churches, but because the preachers rather carelessly, sometimes out of inexperience, overly magnify what is not to be magnified, and call the lack of desire in our German language a capital sin, I have actually written it in Latin.

546 Cap. 18. of comparative religions. W. xvn, 68i-"84. 547

than by the word capitale. I ask the master and other scholars of his ilk to tell the other lesser ones better when they go so far over the top. The venerable Magister complains that I have dealt with him sophistice and with disgraceful speeches. I want to highly praise that it has never crossed my mind to use a few swear words to complain about him or his colleagues, as I also testified in the beginning of the Colloquii. He considers it a sophistry that I have sometimes not been able to take the order of his words correctly; but this has not happened for the sake of fraud, as the sophists are wont to do, but because the Magister knows that I have never had the notaries' writings. For I thought that they should not be allowed to see it; but that he has received such to read, does not complain me; but ask in turn that he should not hold it against me if I have exchanged one or the other word without any disadvantage, because all present gentlemen see and experience that I do not come up, equipped with a proper oration, which I would have made at home before. However, I would also like to keep this to the credit of the Master, so that he may indeed learn that I am more concerned with the dear truth and unity than with the dissolute glory of memory. For Your Honor knows that I did not want to allow such things to happen to Carlstadt at the Leipzig meeting.

But as for the matter of it itself, because he brought a distinction de crimine, de culpa, on the track, I do not oppose hard, so that we may not get into the Stoic subtleties de reatu, obligatione et Dei offensa. What he otherwise said, that the rest of original sin, and lust itself, is a sin, we cannot reject with Augustino and Damasceno either; but that he again comes to original righteousness, I regard as sufficient for the matter above; but that he further pretends: Original sin is a corruption of nature also in the mind, and to this he introduces the testimony of Augustine on infant baptism, who among other damages also counts the corruption of the mind among them: to this I answer recently: that only in the Christian church do men confess such things. For another nature is that which is made by God, as by a completely perfect master craftsman; another nature is the corrupt, weakened, disordered one. That the mind of man has been wounded by the residue of original sin, we confess, as there is the lack of understanding. And (as I used to

Aristotle experienced this disorder of the mind, but he did not know the cause of it, since he confessed that there was nothing in the mind that had not been in the sense before. For here he saw quite clearly that the mind, as the master, pays attention to the sense, as the servant. And I want to have remembered two things here: One, because we confess all this, I would rather see that the worthy Lord Magister, according to his modesty, would not have weighed down the schoIasticos Doctores, as if they taught that the powers of our nature were perfect; For we confess to His Honor, and are of one mind in this, that the strength of souls has been weakened and corrupted, according to the well-known parable of the man who went down from Jericho and fell among the murderers, who robbed him of what was given him by grace, and wounded him in what was innate in him by nature.

The other thing I remember is that he thought again that the sin of lust was also in the mind, besides the doubt. For once I would have given him credit for it, and would not have doubted it, even if he had condemned it in me; but because he comes again the second time, necessity requires that I defend the truth. And this is my opinion, that this disorder of man's nature weakens; but that the lack of pleasure should be in the upper part of the soul, in the mind, I do not see with my little understanding, as it agrees with Paul, who writes to the Romans: "I know that in me, that is in my flesh, dwells no good thing"; since it is to be noted that he says: "in the flesh". It also follows: "I see another law in my members, which contradicts the law in my mind," since he testifies by a contrast: it is in the members, and thus excludes the mind. Soon he says of the law of sins, "which is in my members. At last he exclaims with great emotion, "I wretched man, who will deliver me from the body of this death"; there with diligence to take care of the word: "from the body"; but the mind, which is the inner man (he testifies in these words), is not weighed down by lust. "For I delight in the law of God, according to the inward man."

Likewise, I also doubt whether the saints also allow doubt, because he who doubts in faith is unbelieving; but if through doubt he understands the humility of mind (as I fully believe His Reverence does according to their peculiar skill), then fence the doubt with the humility of mind.

548 Section 2: Colloquium at Worms. Nq. 1353. w. x vn. 684-686. 549

I do not, because in this way man does not know whether he deserves love or hatred. Gregory also teaches that a good heart looks good when it recognizes guilt, even if there is no guilt.

I do not think that any of us should quarrel about this with Luther, who boasts to the Galatians that each one of us should be certain, in the most certain way, that he is in love.

But what the venerable Magister said about the comparison of the sacraments, I will not touch on for the sake of brevity, but leave it to the reader to consider; but that he suspects me of having intentionally reversed some words or sayings, since my sincerity has been well known to him for so many years, that I act honorably and as a friend with him; or that I had provided it with a word, as I hope not; or that the notarii had not fully taken in my speech (for I, with few words, according to my custom, wrote these words on a little paper), he may be sorry for that and ask forgiveness. But sin is forgiven through baptism and faith. I know well that the master has used more words; but for the sake of better information I have summarized it, truly not of the opinion that I wanted to distort or falsify his words.

I proceed to the one that he has drawn from a child who is God's friend and enemy. Whether he has explained himself sufficiently in this way, I will leave to the favorable reader. What he also said about the everlasting evil of lust, which remains until death, was given to me by the one who understood the words of St. Paul to the Romans in the 6th chapter: "He who has died is justified from sin", from the death of the body. I have no doubt that the worthy master and his learned colleagues will by no means applaud this, because it is totally contrary to Paul's opinion.

The Lord Magister also turns to the sins of the saints and to the sin of good works, touching on the words from the 143rd Psalm: "Do not go into judgment with your servant." Lest I jump out of bounds, I will not touch such matter now. Only set against him the very words of the Psalter, which elsewhere says: "Judge me, O Lord, according to my righteousness and according to my innocence." Thus it cannot be unknown to the master what and how great reasons I brought forward in Leipzig when I was there in the disputation.

I would have passed over the other things that follow silently, if only he had not accused me of the painter with Jphigenia in Homer's work, who could not express and paint the paternal heart and affect. If the master thinks that he has made Eckii's teaching so powerless that he can no longer answer in this place, he is truly deceived. For if it were not contrary to the distinguished gentlemen present, I would still try my salvation in this matter for one, two, or three days.

But I know that the distinguished gentlemen are now all shouting: Sat prata biberunt, enough of these things. So you have also heard my skill, since I have proved with so many words from Paul that the plague of lust is in the lowest part of the souls. He often argues that Paul calls this sin, which is contrary to the law of God. For thus the lustful flesh contends against the spirit with the law of God, and this civil war continues in this life for and for, as we have drawn from Augustine, and the conflict as we have introduced from Job. But, although he has undertaken to answer my "argument", I leave it to the discretion of the listener and the reader whether he has done enough for the matter.

What he said about the possibility of the law, I cannot let pass by implicitly. For he refers such a possibility to the external; but it seems to me that this must be said in the internal, as the truth itself, Christ, testifies in Matthew, when he says: "Out of the heart come evil thoughts, death, adultery, theft, fornication, false witness and blasphemy. These are what defile a man." So says the Heartshealer. I confess, he has added an apparent proof of the love of God over all. But he listens to what Augustine says in libro de litera et spiritu (which I know is known to him), and also follows his instruction. It is not our fault if we do not yet love God with such great love as is due to Him according to perfect knowledge. Another is not to attain love completely; another is not to follow any desire. I was also pleased that the master admitted that it is possible to keep the commandments of God if one has divine grace as a helper. This is also the teaching of ours. Although the worthy master in his Apologia sometimes attributes this to ours (in which he does right), sometimes he takes it away from them: in this we are not one with him. The Be-

550 Cap. 18. of comparative religions. W. xvn, 686-68p. 551

He takes his cue from the little word Iege, which does not always have the same meaning. So that I am not a burden to anyone, I will only introduce a saying from Paul, Gal. 2: "Through the law I died to the law," which cannot be understood from the same law. It may fit what he introduces from Jeremiah Cap. 31 introduces: "I will put my law in their hearts." For he is not unaware that Paul takes this saying from Heb. 8 and understands it from the evangelical law. It is not my business that Christ answers and says, "If thou wilt enter into life, keep the commandments." For the preceding question gives the right understanding to the following answer. But I do not think that the Lord Magister means that Christ has mixed the law and the gospel together; only let those see how they answer for it who have written that the ten commandments have been abolished by the new law.

But from that which he includes, from the nonsensical doctrine of the Pelagians, that people could be without sin, because it does not belong here, we want to pass over in silence in the present; but that we thereby state that the Catholics have nothing to do with the Pelagian foolishness; But we say that the grace of God and His help are necessary, and this according to the decree of the Milevitan and Roman Concilii, as one reads in many books of Jerome, and in many places of Augustine.' For we all hold dear the precepts of St. Augustine, who warns in libro de confessione that we should not condemn our neighbor as a sinner, since each one certainly calculates for himself that if he is not prevented from doing so by God's goodness, he can fast in as many vices as the very worst. This is the opinion of the same father; the words themselves just do not occur to me now.

As for the other matters he has raised, there is no dispute. Therefore, for the sake of brevity, I will hasten to the decision. And since he has kindly enough offered us the opinion of his confreres, I also offer them the opinion of ours and of the whole general Christian church. They all confess brightly and clearly that all, begotten of Adam, are born in the common way with original sin, and thus are in God's wrath, and that original sin is a lack of the original righteousness that should be in us, together with lust, and that in baptism the reatus of original sin and all other sins are forgiven through the merit of Christ. But the remaining plague,

namely, the evil desire in itself, because it remains from sin and is always inclined to sin, can therefore be called sin, as the writing is called a hand; but it is not called a damnable sin because of this, either propris or formaliter.

Therefore, not to mention much else, I will turn to the conclusion, because Micah says that in baptism all sins are cast into the depths of the sea; and Ezekiel: that we are washed from all our vices. Zacharias among others: that the Holy Spirit be given; and Christ: that the new birth be of the Spirit and water. Paul also called baptism a bath of life and regeneration, in which the Holy Spirit is abundantly given, in which we are washed away and sanctified. Also the rulers of the churches, Cyprian, Jerome, Ambrose, Augustine and Chrysostom, testify that all sins are forgiven in baptism; we ourselves have also heard that the Lord Collocutor, both in his and his own name, has now testified that sin is forgiven, is buried, and is not imputed by God; but as for the weakness of the flesh, the law of the members, the evil desire, because it daily offends us, weakens us with evil movements and desires, incites us to sin: Accordingly, we should call upon the most high God, that he may help us with his grace, so that we may not be led into temptation, but may be delivered from the evil of the present and future life, that we may rejoice with him forever. May he be blessed for ever and ever 2c. Amen.

1354 Comparison of the article concerning original sin.

The following three documents are found in Latin and German in Rüder äs eoHoyu. IVorwat., p. 154 ff.

We unanimously confess that all who come from Adam were born with original sin according to the common law, and thus in the wrath of God. Original sin is the lack of the hereditary righteousness that should be in us, together with lust. We also agree that in baptism the guilt of original sin is forgiven with all sins, through the merit of Christ's suffering. However, not only the apostolic writings, but also experience show that nevertheless the lust, lack and weakness of nature remain in us, disease 2c. Whereof we (as far as those who are born again are concerned)

552 Section 2: Colloquium at Worms. No. 1354 ff. W. xvii, 68s-"si. 553

are also unanimous, namely that the matter of original sin remains, but the form of it through baptism is accepted. This is why we call it material sin, because it comes from sin and incites to sin and is contrary to the law of God, as Paul also calls sin. In this way it is taught in the schools that the material of original sin remains in those who are baptized, but the formal, which is guilt, is taken away.

1355. farewell put at Worms, January 18, 1541.

See the previous number. Also in the 6orp. Rot., vol. IV, 79 with the wrong time designation: "Jan. 16."

After the Roman Emper. Majesty, our most gracious Lord, Commissarius and Orator, and also the Councils of the Princes and Princes, ordered to the Presidency, at the request of the Princes, Princes and Estates of both parts, Councils, Envoys and Ambassadors were ordered to come to Worms for the Christian non-binding discussion, and then the appointed theologians and scholars of both parts made a start on such a discussion and held their talks on several articles, as such and other things, which have been acted upon so far, bring the action along with them; and although the Emperor's Orator, as well as the Councillors, appointed to the Presidency, were of the opinion to promote such a discussion to the best of their abilities: however, from the Most High Imperial Maj. Maj., our most gracious Lord, the Commissario and Oratori have received a letter, in which their Imperial Majesty has expressed her appreciation for the conversation. Majesty so declare their mind that in the discussion begun at this time no further progress will be made, but that the same will be remitted and referred to a future Imperial Diet, as such may be heard from the said Imperial letter. The Imperial Commissary and Orator, as well as the Councillors, have decreed to the Presidency that all the Princes, Princes and Estates, Councillors, Envoys and Ambassadors, who have to comply with it, do not wish to do so. However, after the imperial letter referred to above, the Emperor's mind has further declared. Maj. of State further declares that the Estates are to attend the Imperial Diet, according to the above-mentioned imperial writing. In such a letter, the Estates of the Imperial Majesty will be informed by the same. Majestät Gemüth von derselben Commifsario und Oratore selbst vernehmen und sich darauf aller Gebühr nach Gelegenheit wissen zu halten.

1. No. 1352 in this volume.

1356 Farewell to the protesting councils and envoys at Worms, January 18, 1541.

See No. 1354, also in 6orp. Het., vol. IV, 80.

After this day, the 18th day of Januarii, the churonic and princely estates and cities of the Augsburg Confession and the councillors, envoys and ambassadors of the same religion, on the commenced action of the Christian discussion all here at Worms by the Imperial Majesty the Orator and the Presidents, a farewell was given. Maj. Orator and the Presidents, the contents of which are contained in a letter from Imperial Maj. They have also discussed and settled the following points. Firstly, concerning the relation of the action taken, as long as one is located here, each one will know how to report to his lord and superior about the writings that have been issued and otherwise everywhere according to necessity. Secondly, concerning the notarial acts of the commenced discussion, since these could not be signed here in a hurry, the princes and estates may have such acts found in our most gracious and gracious lords, the Elector of Saxony and Landgrave of Hesse 2c, chancellery, and obtain copies there. Thirdly, because from the Imperial Majesty's. The third is that from the Imperial Majesty's writings, also Mr. von Granvell's announcement is reported that the Imperial Majesty has ordered a Majesty intends to proceed with the act of a Christian Concordia in religion at the last scheduled Imperial Diet, it was considered that in all ways the presence of the theologians there is again necessary, also that our most gracious and gracious lords and sovereigns personally attend the Imperial Diet, or send it in good order. For this reason, for the electoral and princely. We therefore ask our most gracious and gracious lords, Saxony and Hesse, and the other princes and estates related to religion, to show them no lack of this part, so that the Imperial Diet may be attended by this part, and especially that the remaining persons of the lords theologians, who are not now sent here and were previously named in the farewell at Frankfurt, may also be sent to the Imperial Diet. Fourthly, because for the sake of the escort, no answer has been received from the Imperial Court of Appeal to the reminder of a number of necessary articles that has been handed over, nor to the complaints about the trials and eights. For this reason, the Lord of Granvell made a good excuse, and the Saxon and Hessian councillors had two of them behind him.

554 Cap. 18. of comparative religions. W. xvii,s9i-e93. 555

The Councillors, left to their own devices, who request it, wish to remind their sovereign and princely graces that as soon as such escort is issued by the Imperial Majesty and comes to their sovereign and princely graces, it may be sent to the other Princes and Estates without delay. Majesty and is received by their sovereign and princely graces, that it be sent without delay to the other princes and estates to be guided by it. Similarly, with regard to the standstill at the Court of Appeal, after the answer has been received from the Imperial Majesty, Her Royal and Princely Graces will send it to the other Princes and Estates without delay. Maj. will also know how to inform the other princes and estates. Finally, it has been deemed good, in response to the Christian admonition that has been issued, that each envoy diligently remind his lord and superior so that, as much as possible, the ministry of preaching and pastoral care in their principalities, lands, cities and territories may be appointed by competent, learned preachers and persons according to need, and the pure doctrine of the Gospel may be preserved in harmony, and unchristian seduction and mobs may, by God's grace, be avoided.

1357 Melanchthon's letters to Veit Dieterich, Joachim Camerarius, and Hieronymus Baumgärtner, from the conversation held at

Worms. January 19, 1541.

The first letter is found in Melanchthon's svist. (according to Saubert's edition), 11b. IV; the second in the spist. Hlslarwbtbonis ach Oamsrarium, p. 364; the third in Melanchthon's spist. (Leiden, 1647. 8.), p. 101; thereafter in Röder 1. e. v. 47, 51 and 55. In the Oorv. Lsk, vol. IV, 88 ff.

Translated into German bon Lt. A. Littet.

I.

To Veit Dieterich.

To the worthy man, Mr. Veit Dieterich, his extremely dear friend, at > Nuremberg.

Hail! When you will read the quarrels, which were held in the meeting, then you will have the right history of the meeting (or discussion meeting). For afterwards nothing more was done, although Eck fell on a formula (or draft), but nothing more was thought of it afterwards. I wanted that one could have continued the disputation of justice. For it was noticed that Granvell listened diligently to our disputations, and he is said to have said that he would faithfully report to his prince everything that he thought of our cause, which he did not consider to be as unrighteous as the opponents were shouting it out to be.

I don't care at all about what you have done. I debated both ways: whether to break off the deal or to ask for more favorable points? The discussion concerned an important matter in which nothing real could be concluded, especially as far as I was concerned, who was inclined to the heated side.

Because of Osiander, I have written to Herr Hieronymus Baumgärtner, and also ask you to try to pacify those who seem to be somewhat angry with him. Martin Frecht sends you his regards. Your envoy Erasmus Ebner has let us hear nice sayings or opinions from him, and has judged the religious dispute itself, about which there has been dispute, in an erudite manner. Be well. January 19. Philipp Melanchthon.

II.

To Joachim Camerarius.

To the highly famous and valuable man Joachim Camerarius of Bamberg, > his dearest and best friend.

Hail! The public disputation was held immediately after the last letter to you. Eck has spoken for the opponents. And I shall do it for our and the true opinion. We have argued for four days about the natural evil or original sin. Even though Eck said afterwards, secretly and with granvellene, that he really believed our opinion to be right, he still tried to insult it publicly with shameful blasphemies. What wickedness is that not, to teach false things against better knowledge and conscience! But I hope that he has been refuted clearly enough. And I would like you to read my last bad speech, 1) namely the third. For since the previous day he poured out many kitchen words (or crude swear words), as Aristophanes speaks, I did not repay like with like, but still believed that my answer should also be salted a little. But you will hear that from your neighbor.

Today, they say, Emperor Carl will be at Speier; and since Granvell has traveled to him, we have received our farewell. He has publicly testified that he wants to advise his Lord not to start a war in Germany; and therefore, he says, he is traveling to Speier so that the tyranny of the judges may be controlled there. Let us pray to God to guide the hearts of the great to godly and salutary proposals. When I am sent to Regensburg

1. See Col. 536.

556 Section 2: Colloquium at Worms. No, 1357 f. W. xvn, 694-696. 557

you shall have more extensive letters from us. But, my dear Joachim, the prelude of the fight in this meeting increases my concern. I am not afraid of violence and weapons, but of roguishness in words and deceitful tricks. We cannot be too wary of their traps and deceptions in such gatherings. Here, praise God, all my public actions have been honest and righteous.

But the last day our councilors, against my opinion, gave in that L. Gellius 1) would bring two to him who, thinking that they could agree on the above article (on original sin), would make a draft or essay. And I had already heard that Eck approved of our opinion. Now that we were assembled, he brought a leprosy that did not contradict our opinion, but that would not satisfy our people. I said that I wanted to show him to the others, because that was the way I had been sent. So I did not approve of him. After that, nothing more was done. Here I have not provided it very much, but I am distressed about it. I can't wrap myself out of the ropes of the associations so that I don't get stuck somewhere. May God rule and protect us from the deceivers! Be well. January 19.

Philip Melanchthon.

1. Granvella.

III.

To Hieronymus Baumgärtner.

To the highly famous and valuable man, Mr. Hieronymus Baumgärtner, > Senator of the City of Nuremberg, his extremely dear patron.

Hail! Our public talks were, I think, quite fair and good. Afterwards, Eccius also came to the settlement or peace formula in silence, since he said to Granvell in German: our opinion was quite right, but it could not be enforced on his own. And because Granvell left the next day, nothing further was done. They also did not hear our verdict from the formula. So everything remained the same as before.

I know that you love the church and liberal arts and teachers of the church. Therefore, I ask you to soothe the minds of those who are not well disposed towards Mr. Osiander or others. It was, of course, a precarious matter, about which I myself argued most diligently on both sides. For I could not make the judicial pronouncement, especially if I had mentioned the violent side. He may not have spoken as gently as I did, but his speech served to bring the matter under better consideration. Therefore, I ask you to interpret it for your own good, as well as to excuse him to others. Be well and enjoy yourselves! Given the 19th of January 1541.

Philip Melanchthon.

The third section of the eighteenth chapter.

From the Imperial Diet in Regensburg in 1541 and the colloquium held there.

1358: Emperor Carl V's escort letter for Elector John Frederick of Saxony and Landgrave Philip of Hesse to the Imperial Diet in Regensburg. Speier, Jan. 26, 1541.

This document appeared in 1541 in a single edition and is subsequently printed in Lünig's ReichsArchiv, purt. spsoial. cont. I, p. 600 and in Spalatin's Annals, p. 532.

We Carl the Fifth, by the Grace of God, Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicilies, Jerusalem, Hungary, Dalmatia, Croatia 2c. King, Archduke of Austria, Duke of Burgundy 2c., Count of Habsburg, Flanders and Tyrol, beken

We publicly declare with this letter, and announce to all men: As we have summoned to our appointed Imperial Diet at Regensburg the Highborn John Frederick, Duke of Saxony, Landgrave in Thuringia and Margrave of Meissen, Archmarshal of the Holy Roman Empire, and Philip, Landgrave of Hesse, our beloved Oheims, Princes, at their humble request and entreaty, also to their beloved rulers, courtiers and servants, with all their possessions and goods, which they have safely with them and will bring with them, our carriage, 2) free, safe conduct.

2. Spalatin says here: "starck", further below: "strack". The latter is the usual form in the emperor's escort letters. See St. Louis edition, vol. XV, no. 543 and 544, where "gestrack" is found.

558 Erl. 56, 227 f. Cap. 18. of comparisons of religions. W. LVH, 686-698. 559

to come freely and safely to our appointed Imperial Diet, to remain there as long as it lasts, and from there to depart again to their safe custody, but that they shall keep themselves, as is proper, safely, according to the contents of our letter: That we therefore, at the humble request and entreaty of the same, of both princes and chieftains, have since done to us, such our escort and security upon their beloved kinsmen in the matter of religion, also their embassies, counsellors, theologians, court servants and attendants, and whom they will bring with them, or send to the proposed Diet, with all their possessions and goods, which they have and bring safely with them, and to all of them, as above, we have given our strict, free security and escort anew; We have also granted and permitted their loved ones not only to remain at the above-mentioned Diet until the end of the same, but also, according to their need and opportunity, but with our knowledge and gracious permission, to go home before the end of the said Diet, and to appoint others in their place, or to send them to the said Diet, who shall likewise have our strakes, free security and escort, up and down the said Diet, They shall and may have and enjoy the same from us and from all men without hindrance, and also without regard to and without hindrance of all constitutions, statutes, decrees, councils, edicts, imperial treaties, and all other laws which may be contrary thereto or understood, to which we hereby completely derogate in this case, and wish that in this case they shall have neither force nor place against such our authority. However, the aforementioned our princes and rulers, and their kinsmen and others, as aforementioned, shall also, as is proper, keep themselves in good order. We also hereby decree and order that, if the religious matters are not settled at the imperial Diet, and if no other lasting peace is made, the state of peace established at Nuremberg in the thirty-second year shall nevertheless remain in force, the time of the present Diet, and after the conclusion of the same Diet, and further in the manner and measure in which we compare or determine with princes, princes and estates of the Holy Roman Empire, shall remain in force, and be held steadfast and firm by all men; and thereupon command all and any electors, princes, ecclesiastical and secular, prelates, counts, barons, knights, servants, captains, bailiffs, governors, stewards,

We hereby earnestly request that our stewards, officials, mayors, judges, councillors, citizens, municipalities and all other subjects and faithful of ours and the kingdom, regardless of their dignity, status or nature, send this letter to the aforementioned sovereigns, the Elector and Princes, the Duke of Saxony and the Landgrave of Hesse, and their embassies, councillors, theologians, courtiers, servants, deputies and envoys, together with all their possessions and goods, which they may safely bring with them, to our free security, escort and declaration.Theologians, courtiers, servants, deputies and envoys, with all their possessions and goods, which they have and will bring with them safely, to remain calmly and completely with our free security, escort and declaration, to protect, shield 1) and handle them, and not to err in this, or to burden them, nor to watch or allow others to do so, in any way, as dear to them, to avoid our and the realm's severe disgrace and punishment. In this they do completely our will and serious opinion. By witness of this letter, sealed with our imperial imprinted seal. Given in our and the Empire's city of Speier, on the twenty-sixth day of Januarii Anno 2c. in the forty-first, of our Empire in the twenty-first, and of our Realms in the twenty-fifth.

Carolus.

Ad mandatum Caesareae et Catholicae Majestatis proprium.

Obernburger.

1359. D. Martin Luther's letter to Prince Wolfgang of Anhalt concerning his journey to Regensburg. March 12, 1541.

This letter is found in the Altenburg edition, vol. VIII, p. 996; in the Leipzig edition, vol. XXI, p. 403; in the Erlangen edition, vol. 55, p. 296 and again (corrected from the original by Lindner, Mittheilungen", vol. II, p. 62) vol. 56, p. 227, and by De Wette, vol. V, p. 331.

To the most illustrious prince and lord, Lord Wolfgangen, Prince of > Anhalt, Count of Ascanien, Lord of Bernburg, my gracious lord.

Grace and peace in Christ our Lord. Gracious Prince and Lord! That Your Princely Grace desires my and our prayers for the journey to Regensburg. I have gladly heard that your prince's grace desires my and our prayers for the journey to Regensburg, and I have no doubt that he who gave your prince such desire has done so. I do not doubt that he who gave your prince such desire did it for that reason,

1. In Spalatin and in Walch's old edition: "buzzing".

560 Erl.55.297f. Section 3: Colloquium at Regensburg. No. 1359 ff. W. XVII, 698-700. 561

that he will hear it. For thus we also read of King Solomon that his prayer pleased God well; when he asked for wisdom, and not for riches, nor for anything else, he gave him wisdom and everything else as well. So we hope that your princely grace has already been heard. We hope that your grace has already been heard. So we want to be with our spirit also in Regensburg. Christ will also reign there in the midst of his enemies, as he has always proven up to now.

For though we are too small and unworthy of the thing, yet it is so good and certain that it must be called God's own thing, and not ours. Will he now forget his own things? They shall know it, the longer the more. Therefore, let us be confident and undaunted. For God cannot lose, even if we are clamped over it. So we will also win in the end. It is said and remains: "Whoever confesses me before men, him will I confess before my Father and his holy angels." Let us rely on that, amen.

I thank you for your princely kindness. I thank your kindness for the cup that was given to me. I hereby order your princely. Your Royal Highness, the dear GOTTE, in whose matters your Princely Highness has been bequeathed a legacy. He give your princely Grace a heart that feels and experiences that they are God's legate, then it will be happy and confident. For this has also always been my defiance up to now, that I have been certain that the cause I am leading is not mine, but God's, who has angels enough to assist me, or if they leave me here, they receive me there and better, amen. Saturday after Invocavit March 12 1541.

Your Princely. Gn.

willing

Martinus Luther.

1360: Martin Luther's letter to the Elector John Frederick concerning the Diet of Regensburg. March 31, 1541.

This letter is found in the Leipzig Supplement, No. 169, p. 92; in the Erlangen edition, Vol. SS, p. 297 and in De Wette, Vol. V, p. 335, who compared the original.

To the most illustrious, highborn prince and lord, Mr. Johann > Friedrich, Duke of Saxony, of the Holy Roman Empire. Ro. Realm Arch > > marschall und Churfürst, Landgrafen in Thüringen, Markgrafen zu Meißen > und Burggrafen zu Magdeburg, mein gnädigsten Herr.

Grace and peace. Most noble, highborn prince, gracious lord! I had to come early this morning (how clumsy I was) to the Elector of Brandenburg. Among other matters concerning the Imperial Diet, this also occurred: how good it would be if the Electors were of one mind and of friendly will towards one another. And the Prince of Anhalt, Prince George, Provost of the Cathedral, afterwards asked me in particular to write and ask your Elector. I wanted to write to your Elector and ask that your Elector. Gn. D. Melchior 1) to travel with the Margrave to Regensburg, considering (these were his words) that it would be praiseworthy for Your Electoral Grace if one of Wittenberg were with the Margrave, and serving to promote good will between Your Electoral Grace and the Margrave. Gn. both. I do not know how to refuse such a thing. I would have gladly suggested what causes were given on that side to ill-will; but so that I did not make it worse, I stopped, as a theologian who is to advise and teach peace, also to forgive all offences and annoyances. Your Electoral Grace will know how to be princely and Christian in this. Hereby commanded by God, Amen. Thursday after Lätare March 31 1541.

E. C. F. G.

subservient

Martin Luther.

1361: Imperial Majesty's first lecture at the Imperial Diet in Regensburg, as far as religion is concerned, read to all princes, princes and estates in her Majesty's presence, April 5, 1541.

This document can be seen in Latin in the Acts of the Regensburg Colloquium, which Martin Bucer published in quarto at Strasbourg in September 1541 and in octavo at Wesel in the same year. German by Hortleder, who has recorded Bucer's writing in full, vol. I, ILb. I, 6Äp. 37, x. 203. in part (with omission of the middle part, No. IV to XV) in the 6orp. Lot, vol. IV, 151.

1. Kling, Professor of Law (De Wette).

562 Cap. 18. of comparative religions. W. XVII, 700-703. 563

I. The Imperial Roman. Majesty, our most gracious Lord, has no doubt that the attending Princes, Princes and Estates of Her Majesty and of the Holy Roman Empire at this Imperial Diet, and of the absent Envoys, Councillors and Embassies, bear full knowledge of the fact that Her Imperial Majesty, out of the most gracious imperial power, has not been able to obtain the consent of the people of the Holy Roman Empire. Maj. out of the most gracious imperial mind, will and inclination. The Emperor's Majesty, out of the most gracious imperial mind, will and inclination, which he bears towards the common estates of the Holy Roman Empire and the German Nation, as the fatherland, has from the beginning of his imperial reign always and in all ways been most eager to undertake, to promote and to bring into being everything, to the honor, benefit and welfare of the Holy Roman Empire, and especially so that all discord, confusion and disruption between all estates may be abolished, peace, tranquility and unity planted and maintained, and the Holy Roman Empire of the German Nation helped in other of its concerns.

II. Since, in addition to other burdensome concerns of the Holy Roman Empire, the discord in our Christian religion has not been the slightest cause, and still is, as a result of which the estates of the said Roman Empire have grown in distrust and division against each other. In the meantime, the common hereditary enemy, the Turk, has penetrated from day to day, the longer the more, against and against common Christianity, and especially the German nation, in such a way that not only the next adjacent kingdoms, but also the German nation (where the same enemy is not resisted in time) is put in trouble, danger and highly detrimental ruin. That even in the Holy Empire, for the preservation of peace, justice and good police, there is often a noticeable loss and shortage.

III Thus Her Imperial Majesty, in virtue of her commanded imperial office, has brought this to mind and heart, and with the advice and assistance of the common estates, and also for herself, has so far omitted nothing to come to the aid of this highly burdensome concern to the best of her ability. And after more imperial diets had been held, action had been taken and considered on account of the disputed religion, that the same dispute and discord of our Christian religion could not be settled by a more fruitful and skilful way, and brought to a unanimous, uniform understanding, than by a common Christian council: so her Majesty has taken such a way in hand, and spared no possible diligence, effort nor work, so that such council would be announced and held, and especially as such at the most recent imperial diet here.

at Regensburg in the next 32nd year of the lesser number has been considered and adopted.

IV. When at that time the aforementioned hereditary enemy of common Christendom, the Turk, undertook in his own person a mighty march into the Kingdom of Hungary, and subsequently into her Majesty's Lower Austrian hereditary land, in the opinion of moving further on the Holy Roman Empire, for which reason her Majesty, out of great unavoidable necessity, with the help and assistance of the Roman Royal Majesty, her friendly dear brother, and common imperial estates, caused the same enemy to be met with considerable expense, and the final intention was not only to lay open her fortune, but also to draw the enemy under her own eyes, if he had not retreated. In addition, at the same time, Her Imperial Majesty sent a considerable armada by sea against the Turk, which let itself in on a good way against Constantinople, and conquered several places, towns and fortifications, so that the enemy would be all the more prevented from his tyrannical, bloodthirsty domination of the common Christianity of the place.

V. When the Turks with their troops, as if they were on top of him, retreated again, Her Imperial Majesty made her way from Italy to Papal Holiness, namely Pope Clement, the last of that name, of blessed memory, and acted with all diligence with His Papal Holiness, and promoted the matter so that His Holiness granted a General Council within a year's time, and to proclaim it. How then her Majesty has announced this to the Electors, Princes and Estates of the Holy Roman Empire, and has also not refrained from placing all of Italy and common Christendom, as much as possible for her Majesty, in peace and tranquility, so that such a Christian work of the common council of her Majesty would not be prevented. And in order that there should be no deficiency in this respect on the part of Her Majesty, she would have undertaken to visit her Hispanic kingdoms, from which she was then absent for a good time, in the meantime, in the opinion and with the final intention of giving these same kingdoms the necessary care and provision in their concerns, and of directing all things in such a way that Her Imperial Majesty might be able to give her consolation. Majesty may carry out her promise to the Papal Holiness to attend the Concilium in her own person and to be present at it; but why the same Concilium does not achieve its progress, Her Majesty has no doubt about, since she has not yet been able to do so.

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my imperial estates and male bearers of good knowledge.

VI. But when recently the Turk sent his commander, Barbarossa, with an excellent armada against the kingdom of Thonis Tunis in Africam, and the same king was violently deprived of his kingdom and chased away, and then her imperial majesty was easily to be measured, where the Turk should so break in the place, what noticeable advantage he would gain against Christendom, and thereby lead not only her Majesty's kingdom, which was nearest to him, but also common Christendom to the highest distress and to ruinous harm; As the reported Barbarossa has repeatedly attacked her Majesty's kingdom of Sicily in his to and fro campaigns, and has set his intention to invade, damage and destroy it and other kingdoms and lands of her Majesty: Therefore, Her Majesty has caused and been moved by great necessity to oppose and break off such arduous and cruel actions, and to save Her Majesty's kingdom, country and people, as well as to comfort the common Christians, and to march in his own person with a considerable armada of galleys and other warships to Africam, where her Majesty defeated Barbarossa with the bestowal of the Almighty, and chased and expelled him from the reported kingdom of Thonis; as the commoners may have heard.

VII. After the completion of this procession, Her Imperial Majesty would then have taken her journey to her kingdoms of Sicily and Neapolis, to visit them, and to establish and establish good order in them, so that the same might be preserved and protected in peace and justice and good police, and then proceeded to Rome to the present Papal Holiness and took the action of the Concilii in hand again, to promote the same with the best diligence, the gracious intention to approach the Holy Empire of the German Nation and to appear to it with comforting help in its incumbent complaints.

VIII. When now Their Imperial Majesty came to Rome for Papal Holiness, they found His Holiness quite inclined and willing to such a Concilio. When His Majesty came to Rome for papal sanctity, they found His Holiness quite inclined and willing to such a concilio.

In the meantime, however, the unpeaceful action against Her Imperial Majesty's brother-in-law and the Holy Roman Empire's prince and liegeman took place. Majesty's brother-in-law, and the Holy Roman Empire's prince and liegeman, the Duke of Savoy, and to the

Since the same duke has taken a good part of his principality by force of war, her majesty, in consideration of her imperial majesty's office and duty to be loyal to the holy empire, has finally been induced and urged to engage in counterarmament for the salvation of her imperial majesty and the holy empire. Majesty and the Holy Empire's property, which happened in the 36th year of the lesser number.

IX. When the reported war action of the same year extended to the winter time, and there was no special consolation or notification from the Concilio, Her Majesty again traveled back to her Hispanic kingdoms, since Her Majesty proposed several means conducive to peace, and thereupon the Papal Holiness and the King of France assembled at Nissa Nice, and there an arrangement was made and established, and Her Imperial Majesty sailed from there with her galleys to Aygemort Aigues Mortes in France, and was there in royal dignity in France in her own person. Majesty sailed from there with her galleys to Aygemort Aigues Mortes in France, and there she was in her own person at the royal dignity of France. Because her Majesty's mind and opinion, all the above-mentioned actions, noble, mature, toil, work and expense, have always and always been to promote the honor, benefit and welfare of the common Christianity, and to plant peace, tranquility and unity in the Holy Roman Empire of the German Nation. For this reason, Her Imperial Majesty has acted in all these matters with the concerned Papal Holiness and the reported King of France, as Her Majesty deemed good in view of the circumstances.

X. When her Imperial Majesty arrived in her Hispanic kingdoms, as if they were in obedience, in the opinion that, having put these kingdoms in good order, she could then most advantageously dispose of them again in the Holy Empire: Her Imperial Majesty has not refrained from diligent reflection, so that the burdensome misunderstanding in religion, which is becoming more and more entrenched and, as is to be feared, more and more burdensome, might be put to rest and brought to an end; Also, the complaint and dispute, which occurred because of the Concilii from all sorts of causes, would be considered, and the undertaken journey through Italy to Germany would be omitted, and at the friendly, diligent request of the King of France and his royal dignity to friendly favor,

566 Cap. 18. of comparative religions. W. xvii, 7as-708. 567

to confirm the fraternal friendship, and also to the special trust that Her Majesty and the reported royal dignitaries have in each other, have taken their way through France to Her Majesty's Niedererbland, since Her Imperial Majesty has found all kinds of careful innovations and outrages that have occurred there, and have nevertheless been remedied by Her Majesty's diligent, serious action.

XI. Because all kinds of matrimonial offences have occurred in Her Majesty's Low Countries, preventing Her Majesty from coming to the Holy Empire, and the action of the disputed religion has been delayed, Her Majesty has nevertheless held a meeting in Hagenau to promote the matter, and has requested and enabled the Roman Royal Majesty to appear at such a meeting in Her Imperial Majesty's name. What was then done by the most illustrious Royal Majesty for the advancement of the cause, so that it would be set on the right path, and what was done there and subsequently at Worms (which Her Majesty had hoped would be useful and beneficial for the action of this Imperial Diet), since the common estates of the Empire have fresh memories of this, Her Imperial Majesty does not need to be informed of it.

XII. All of which Her Majesty does not want the Estates to be told, so that they may accept that Her Majesty has not spared any diligence, effort and work since her most recent Imperial Diet, which was held here, and which may be useful and profitable for the good promotion of the Council and the elimination of the discord in religion, as well as for the resistance of the Turks, as much as Her Majesty is at all times obliged to do.

Thus, Princes, Princes and Estates, and the absent envoys, councillors and embassies have to hear from this, for what reason and prevention their Majesty has to abstain from the Holy Roman Empire of the German Nation for so long this time.

XIV But how and to what extent, also with what great toil and labor, also exuberant heavy expenses, Her Imperial Majesty has been burdened so far for the preservation, handling and defense of the Holy Roman Empire's sovereignty, supremacy and justice. The Imperial Majesty will in due course state this in such a way that princes, princes and estates will find and recognize that the Imperial Majesty has given the Roman Empire the highest and most faithful command, and that which is befitting and due to a Roman Emperor has been diligently considered and carried out.

XV. Her Imperial Majesty will also refrain this time from repeating with what daily war expenses at sea, with the maintenance of a considerable number of galleys against the Turks and other infidels her Majesty is burdened, on which a considerable, excellent expense is running, solely for the salvation of common Christendom, and the Holy Empire for good peace and welfare.

XVI. Now, Her Imperial Majesty had conveyed herself from her Lower Lands to this Imperial Diet, and on the way, as much as was possible for Her Majesty, had hurried, regardless of Her Majesty's physical weakness, and otherwise all kinds of infirmities and hindrances, which Her Majesty allowed.

XVII In addition, Her Majesty did not refrain from petitioning Papal Holiness, and received such a request that His Holiness, by virtue of the Hagenau farewell, ordered her legate to come here in particular to promote Christian peace and unity. For this reason, he has sent the Reverend Cardinal Contarenus, a lover of peace and a particularly famous prelate, to this place. He also arrived here before this time.

XVIII. Her Imperial Majesty, then, for the above-mentioned and other highly important and necessary reasons, has decreed this present Imperial Diet in the same letter of invitation, has made itself available here in its own person, and now awaits the arrival of a good time for the absent Princes, Princes and Estates, some of whom have now appeared in their own persons, and some of whom have obediently appeared through their envoys, for which Her Majesty kindly and graciously expresses her thanks; And now the principal point, for which this Imperial Assembly would be called, as if it existed, the discord of our Christian religion and faith, which until now, above all cultivated action, has been unresolved, has become more and more burdensome from day to day, from which all kinds of distrust and repugnance between the estates of the Holy Empire have arisen, and where this would not be met with timely salutary counsel, all kinds of burdensome continuation, war and insurrection, as highly to be feared, might arise:

Her Majesty, therefore, is graciously inclined and eager to help with such an excellent and necessary work, and is graciously and completely confident that the appearing princes, princes and estates, and the absent envoys, councillors and embassies will not let anything happen to their part, and each one in particular, but will promote and consider the matters of their best understanding and ability.

XX. And accordingly requests Her Imperial Majesty to the appearing Electors, Princes and

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We kindly and graciously request the Estates, as well as the absent envoys, councillors, and embassies, to consider, deliberate, and discuss in what way the conflict in our holy Christian religion and faith may be resolved and brought to unanimous Christian understanding and unity, as well as what and how to act and proceed in this matter.

XXI. And so that the Estates may accept that Her Imperial Majesty would like to see this matter of religion, as the most noble and highest concern, therefore also gladly promoted, considered and taken to heart by Her Majesty herself several times, Her Majesty has thought of this way, provided the Estates know of no more fruitful, expedient means: that Her Majesty, with well-considered temporal counsel, but without detriment to the Augsburg parting, has called upon a small number of good consciences, honor- and peace-loving persons, who are also inclined to promote the honor, benefit and welfare of the Holy Roman Empire of the German Nation, from the common estates and the German nation, to examine and consider the disputed articles of religion, and to use all possible diligence to compare the erroneous points, and then, how they may be brought to a settlement and agreement, to submit them to their Imperial Majesty, also to the Electorate. Majesty, as well as the Electors, Princes, and Estates, to decide all the better, and also to communicate with Papal Holiness Legates, by virtue of the above-mentioned Hagenauian Departure.

XXII And Her Imperial Majesty is all the more moved to take such a course. Their Majesties are all the more moved to take this path because it has been considered the most convenient, fruitful, and beneficial for this cause at Augsburg and recently at Worms.

1362. Reply given by the protesting Estates to Her Majesty's first Proposition on April 8, 1541.

See the previous number. Latin also in Spalatin's Annals, p. 544 and in the "Oorx". 8.6k., vol. IV, 156. The Latin superscription states that this letter was delivered to k'erla VI. xost that is April 8, while the German superscription offers "April 9." The latter will be based on the wrong resolution of Ikria VI. (as if it were Saturday).

I. Most Sublime, Great and Invincible Emperor 2c. As Your Imperial Majesty Majesty of the same E. kaiserl. Maj. and of the Heil. Imperial Princes, Princes, Estates and the Absentees.

The envoys, councillors and embassies assembled here at this Imperial Diet announced by Your Imperial Majesty. Maj., on the 5th of this month of April, a gracious lecture in writings, in which Your Imperial Majesty, according to the length of their most gracious mind, will, and inclination, will have them meet with the common estates. Maj. has graciously indicated their most gracious mind, will and inclination, which they bear towards the common estates of the Holy Roman Empire and the German nation, as their fatherland, with the announcement of how Your Imperial Majesty, from the beginning of their reign, has always and still today, in the past, been in favor of the Holy Roman Empire and the German nation, as their fatherland. Maj. has always been most eager from the beginning of her reign to undertake, promote and carry out everything that may be of honor, benefit and welfare to the Holy Roman Empire. The Emperor has always been most eager from the beginning of his reign to do everything in his power to promote and bring about the honor, benefit and welfare of the Holy Roman Empire, and especially to put an end to all discord, confusion and disruption between all estates, to plant and maintain peace, tranquility and unity, and to help the Holy Roman Empire of the German Nation in other matters of its concern. Maj. has used to promote a common Christian concilii to put an end to the discord in religion, and also in what way E. Kaiserli. Majesty resisted the hereditary enemy of the Christian name, the Turk, not only for the good of the Empire of the German Nation, but also for the good of all Christendom, and why His Imperial Majesty withdrew from her Hispanic Churches. Maj. has decreed that the Turks should return to the Empire of the German Nation from their hereditary Hispanic kingdoms, that they should take action on the two days held at Hagenau and Worms for the sake of religion and discord, and that this present Imperial Diet should then be named and advertised: all this, together with Your Most Imperial Majesty's most gracious will, is to be considered as an act of the German Nation. Maj. most gracious request that Princes, Princes and Estates and the absent envoys, councillors and embassies consider, deliberate and deliberate on how to resolve the conflict in our Christian religion and bring it to a unanimous Christian understanding and unity; also what and how to act in this matter, with the most gracious concern of Your Imperial Majesty. Maj. most gracious concern.

II. that the resistance of our Christian name and faith's hereditary enemy, the Turk, and what should be advised and done for the preservation of peace, justice, good police, peace and unity, and other necessities and concerns of the Empire, have been heard and heard by the Estates of the Augsburg Confession and their religious relatives, in addition to Your Imperial Majesty. Maj.'s most gracious will, have been heard and heard in all submissiveness.

III. and is such a most gracious testimony and reminder to Your Imperial Majesty of their most gracious will and mind towards the German Nation. Maj.'s most gracious display and reminder of their most gracious will and mind towards the Reich of the German Nation, as the fatherland, also of the most gracious will and mind of the German people.

570 Cap. 18. of comparative religions. W. xvn, 711-713. 571

It has been a particular pleasure to hear and hear of the diligence, effort and work which His Imperial Majesty has undertaken and displayed in many ways for the comfort and salvation of all Christendom. Maj. has undertaken and displayed in many ways for the consolation and salvation of all Christendom, have been a special submissive joy, especially at the beginning of this Imperial Diet (for which they wish Imperial Maj. Maj. and the whole Empire from God Almighty, to His praise and glory, happiness, salvation and all welfare), so that they may in turn express their most subservient wishes to His Imperial Majesty. Maj. with most humble and due thanksgiving; for they have well noted and found that through E. kais. Majesty's most gracious inclination towards the Empire of the German Nation.

IV. Now, however, it is easy to see how entirely useful and good such E. kais. Maj.'s most gracious and paternal will and mind, for the preservation of peace and tranquility, has been and still is for the entire German nation, since there can be no greater and more painful misery or evil than war and strife between related states and members of an empire.

V. For this reason E. kais. Maj. these estates express their heartfelt thanks that they have so far averted such troublesome discord and maintained peace in the German nation.

VI. In addition, this is also an excellent virtue, which is to be praised in such a high head and emperor that E. kais. Majesty is inclined to put down the invaded division of religion by peaceful means and ways, and not to let the churches in the German nation be devastated and torn apart by violence or physical action. Thus on the day that E. kaiserl. Majesty. Italy not only with military force, but also by her kindness and moderation. And we only know that Your Imperial Majesty is in favor of Italy on land and sea. Majesty has resisted the hereditary enemy of the Christian name, the Turk, on land and sea, not only for the good of the German lands, but also for the good of all Christendom.

VII. and because the estates consider these things, they must praise and extol the grace and goodness of the Almighty, who in these troubled times and times has given such a head and emperor to the empire and common Christendom for the best, to maintain peace and tranquility in the empire, and to break off and resist the cruel hereditary enemy of the Christian name and faith, the Turk, who because of some victories is tempted to great arrogance. For this reason, they also wish to thank E. Kaiserl. Maj. for their toil, labor, danger and otherwise, so that His Majesty the Emperor can protect the Empire and the commonwealth. Maj. has done for the good, praiseworthy and useful of the Empire and common Christendom.

For this reason, I would like to express my most sincere thanks to some of the old, excellent, famous emperors, who have acted and performed, with most sincere congratulations that His Imperial Majesty will arrive happily in the German Nation, planting peace and tranquility in it. Majesty will arrive happily in the Reich of the German Nation, to plant and maintain peace, unity and tranquility therein. We also beseech God Almighty that He may, to His divine name, for praise, honor, and glory, and also for the common welfare of the Empire, grant to E. Imperial Maj. Maj.'s action, according to their intentions, to Christian unity, peace and all good, and to bestow His divine blessing upon it.

As far as the proposed concilium is concerned, these estates may say with good reason and a clear conscience that nothing has ever been more dear to them, nor would anything be more dear to them, than that matters of such religion be discussed and acted upon in a free Christian concilium to be held in the German nation, in a Christian, orderly and righteous manner. For it is a fact of the day that no small abuses have occurred in the church, about which many excellent, pious and good-hearted people complained before this time, and desired their amendment and correction.

IX. And after the same abuses, belonging to these estates, have been corrected in the church, diligence and care have been taken that nothing contrary and improper to the righteous, common, Christian, apostolic, or catholic church has been accepted, approved, or defended; but they do not doubt that the doctrine of their confession and religion is entirely in accordance with the said Christian apostolic or catholic church.

X. Not only have they never shunned Christian knowledge for this reason, but they have desired nothing more than that it be brought to light, explained and expanded, so that the glory of our Lord Christ may be spread and praised, and its salvation considered, and the consciences helped; so they have also had great, important and just causes to refuse the instituted concilium for a short time in different years.

XI. Nevertheless, they want to testify here again that they have never fled from a righteous Christian cognition; for they also hold in honor the Christian church, which was purified with the blood of our Lord Christ, in which the divine word is taught, and the Holy Spirit governs and guides the hearts and minds of Christians to the knowledge of the truth, and to honor God the Lord with right worship.

XII. Therefore, they do not mean or intend to flee from the right, true Christian knowledge or cognition, as is also the case in many cultivated

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Actions, which E. kais. Majesty has graciously ordered to be done on account of this disputed religion. For they have at all times been inclined, and still are, to indicate, report and declare what their opinion and mind is in such a religious matter, and have no doubt that this dispute could already have been brought to a settlement if some had not prevented rather than promoted the matter.

XIII. Majesty's intention and mind have been noted, the truth should be sought and brought to light, and thus a righteous, consistent, Christian Concordia should take place.

XIV. which these estates are anxious to report to His Imperial Majesty. Majesty's most humbled opinion, so that Your Imperial Majesty may graciously accept and understand that up to now there has been no lack of anything conducive to Christian Concord. Majesty may graciously accept and understand that they have hitherto been in no want of anything conducive to Christian concord.

XV. And because E. kais. Majesty, in the above-mentioned lecture, graciously requests that the Estates consider, discuss, and deliberate, so that the touched discord of religion may be put aside and brought to unanimous Christian understanding and united, and also what and how to act and proceed in this respect, with the attached and proposed E. Kais. Majesty. means, insofar as the estates do not know of any more fruitful or beneficial 2c.

XVI Thus the Estates have not wished to refrain from reporting their objections to Your Imperial Majesty. Majesty their submissive concern about it, and move these things only to the effect that the best and most fruitful way to settle such disputed religious matters should be that the discussion begun at Worms be continued here; and this primarily so that this most important trade of religion may be sufficiently explained and explained by speech and rebuttal.

XVII From this, to obtain a true Christian settlement and reformation of the abuses involved, as this way was also considered beforehand, graciously granted by Your Imperial Majesty. Majesty, whereupon the action was begun at Worms in the name of the Almighty, and transferred here by His Imperial Majesty. Majesty, therefore these estates also humbly request that such a path be taken now.

XVIII. Since after such a conversation E. kais. Majesty, according to her most gracious proposal, some good consciences, honor-loving persons, who are inclined to promote the honor, benefit and welfare of the Empire of the German Nation, in small numbers, from

The Holy Roman Emperor and the Holy Roman Emperor of the German Nation, to discuss such Christian matters, to examine and consider the disputed articles, and to use all possible diligence to compare the disputed points in accordance with the divine word, and to have the same persons graciously named and reported to the Holy Roman Emperor and the Holy Roman Emperor of the German Nation. Majesty in the same with such a submissive and Christian answer, from which E. Kais. Majesty that there shall be no lack of everything that is useful for the praise of God, for the Christian reformation of the churches, and for the preservation of peace and tranquility in the Holy Roman Empire.

1363 Imperial Majesty's answer, handed over to the protesting Estates on April 11, 1541.

See No. 1361 in the vorx. Rec. vol. IV, 161.

The Roman Imperial Majesty, our most gracious Lord, has heard the answer recently submitted in writing to the Princes and the other absent Princes, Princes and Estates of the Augsburg Confession and to the councils, envoys and embassies of the same religion, and was initially pleased to hear it from but graciousness, that they have heard Her Majesty's recently made proposition and narration with most humble joy, also wishing Her Majesty praise, glory, happiness and all welfare from God Almighty, with most humble thanksgiving and showing how the same is capable of her answer.

On the other hand, they, the Estates, have well noted how Her Majesty intends to take action in the main article concerning religion, and still fully respect that such a proposed way should be the quickest and most fruitful for the passing of this article. Therefore, once again Her Imperial Majesty's Majesty's most gracious request that you trust in and want to comply with her Majesty's wishes in this matter (regardless of what she has noted for the sake of the Colloquy).

For Her Majesty is of the gracious mind and command to undertake such a proposed path, and to ordain such persons for it, so that they, the Estates, will, in Her Majesty's understanding, have no complaint at all. They will feel and accept that their Imperial Majesty is eager to seek and promote nothing other than what may serve the common Christianity, especially the German nation, for comfort, peace, tranquility and unity.

574 Cap. 18. of comparative religions. W. xvn, 716-718. 575

In which they, the Estates, do their Majesty's most gracious and pleasant favor, and also do not want to put this in any neglect in their graciousness towards him.

1364: The Protesting Response to Imperial Majesty's Request. Majesty's request. April 12, 1541.

See No. 1361 in the 6orx. Lsk, vol. IV, 162.

Most Serene 2c. E. Roman Emperor. Majesty's most gracious answer, which you gave yesterday 1) to the Estates of the Augsburg Confession and their religious relatives to their verbal and written notification and concerns, these Estates have most graciously heard; and firstly, that Your Imperial Majesty has so graciously noted such avoidance on the part of the Estates. Majesty has graciously noted such avoidance on the part of the estates, that they are submissive to His Imperial Majesty. Majesty most humbly.

On the other hand, although the reported estates have considered and still consider the way of discussion, the content of their next most submissive consideration, for the settlement of religion to be the most convenient; however, since Your Imperial Majesty has subsequently considered their proposed way to be more convenient, they have graciously requested that the estates of Your Imperial Highness take this way. Majesty considers their proposed way to be more convenient and graciously requests that the estates of E. Kaiserl. Majesty in this, with the most gracious request that such a proposed way be undertaken, and that such persons be appointed for this purpose, so that these estates, Your Imperial Majesty, may be able to take advantage of it. Majesty. Majesty, have no complaint at all, but would feel and accept that His Imperial Majesty has nothing different in this matter. Majesty would be eager to seek and promote nothing other than what might serve God's praise and common Christianity, especially the German nation, for comfort, peace, tranquility and unity. So that Your Imperial Majesty Majesty graciously note the most humble will and opinion of the estates concerned, and that for their part they would not like anything to be done that would serve to increase the praise of God, the Christian reformation of the churches, and thus the right, true, Christian unity, peace and tranquility. Majesty in this matter, and to attempt such a course, with the most humble confidence that Your Imperial Majesty will approve the ordinance of the persons. Majesty will make the disposition of the persons according to their most gracious behest.

But that this action is non-binding and uniform, for research of the truth and Christian

1. This results in the determination of the time.

If such an action proposed to Your Imperial Majesty did not come to any final effect in one or more points, then these estates did not want to relinquish the initiated approved discussion at Worms, nor any other of their reservations and necessities, in the uncompensated points.

This is what Your Imperial Majesty does not want the above-mentioned estates to do. Your Majesty does not want the above-mentioned estates to behave in such a manner with all submissiveness, hereby commanding them most humbly.

1365 Answer given by the other estates to their majesty's first proposition on April 12, 1541.

See No. 1361. in the Oorx. Lsk., vol. IV, 163, with omission of II to IV.

I. The Roman Imperial Majesty, Our Most Gracious Lord. Majesty, our most gracious Lord, graciously presented at the beginning of the Imperial Diet on account of Her Majesty's personal presence, the princes, princes and common estates of the Holy Roman Empire, as well as the embassies and councils of the absentees (outside the protesters), have listened to their part in all submission.

II. and although they have shown the Roman Imperial Majesty, our most gracious Lord, gracious, faithful and imperial mind. The attitude which Her Majesty bears towards the Holy Empire and all the Estates of the same, and especially towards the German Nation, our common fatherland, has been flushed out in many ways from the beginning of her praiseworthy reign: nevertheless, Princes, Princes and common Estates, and the absentees' embassies and councillors, as mentioned above, have been able to make use of Her Imperial Majesty's most gracious proposition. Majesty's most gracious proposition, with what gracious mind and diligence Her Imperial Majesty is responding to the latest developments. Majesty has graciously sought many times to obtain a common Christian council in response to the most recent conventions held at Augsburg and Regensburg; what has also prevented Her Majesty from doing so; and, in addition, Her Imperial Majesty, by all kinds of action, and especially on the next day at Hagenau, by the Royal Highness, has taken all possible pains to obtain a common Christian council. Majesty graciously use all possible diligence to bring these disputed religious matters to Christian unity, and especially with what costs, effort, and exposition Her Imperial Majesty has been able to bring us during the time of her reign. Majesty resisted our common enemy of our Christian name and faith, the Turk, in the time of her reign,

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and especially to the Roman Empire of the German Nation for welfare and good.

III. on how burdensome and detrimental Her Imperial Majesty has placed all other of her kingdoms in one place. Majesty has put all other of her kingdoms, country and people, things and business in one place, left them, and gone to the German nation, not without a little danger, proclaimed this Imperial Diet, and graciously attended it in her own person, with a preceding account of what excellent causes have prevented her Imperial Majesty's arrival for a time. Majesty's arrival have prevented for some time; as such in Her Imperial Majesty's gracious proclamation. Majesty's gracious proposition is skilfully and longitudinally reported.

IV. Majesty, our most gracious lord, gracious, faithful and imperial. The Imperial Majesty of our most gracious Lord, gracious, faithful and imperial mind, which they have always borne and still bear to the Holy Empire of the German Nation, and especially all, according to what has been told, graciously applied diligence, the princes, princes and common estates, and the absent embassies and councils, say to their imperial Majesty, in all owed servile obedience, diligent and eternal thanks, the "most servile" offering, such gracious affection as they bear to the Holy Roman Empire of the German Nation, as well as their faithful diligence, expended expenses and labor, in all submissiveness, to merit above owed duty, and to omit nothing in them which may be useful for the preservation of their Majesty's and the Holy Empire's reputation, honor and welfare. And hereupon the most humble request of the common estates and their embassies and councils is that Her Imperial Majesty may rely on such gracious will, imperial affection and faithful Christian service. affection and faithful Christian diligence. The more they will be willing in subservience to her Majesty's due obedience, above and beyond owed duty, as is due, the more they will be willing at all times to obey her Majesty's gracious will, imperial affection and faithful Christian diligence, which her Majesty has hitherto exercised without intermission, and to have the Holy Roman Empire and all the estates of the same, even the burdensome obediences of the German nation, in such gracious, faithful, fatherly command as common estates always provide for their Majesty.

V. Furthermore, common estates, and the absent embassies and councils, as mentioned above, have discussed and considered the main points determined in the imperial proposition, with possible and faithful diligence; and note that their imperial majesty has first taken the discord of our holy religion in hand, as not the least burden and burden of the German nation, but doubtless out of gracious concern, where

1. "longitudinally" according to the length.

The highest infallible complaint has been remedied by the bestowal of divine grace, so that it will be all the easier to act unanimously in other matters incumbent upon the Empire, with the common counsel and approval of Her Imperial Majesty and the Holy Roman Empire's Estates, and to deliberate and decide in a proper and useful manner on what the unavoidable necessity requires.

VI. and the common estates and the absent embassies, as reported, acknowledge their obligation in all submissiveness to present their good opinions and concerns to the Imperial Majesty not only in this disputed religion, but also in all complaints incumbent upon the Holy Roman Empire. The common estates and the absentee embassies, as reported, in all submissiveness owe their Imperial Majesty not only in this disputed religion, but also in all complaints incumbent upon the Holy Roman Empire, to faithfully present their good opinions and concerns at all times, as they have humbly done at the Imperial Diet held before, and are obligated to do in obedience to it.

VlI. As far as the disputed religious matters are concerned, the common estates and the absentees' embassies and councils find that their Imperial Majesty has diligently considered this burdensome matter and has proposed a means by which, through amicable negotiation of some persons who should be chosen for this purpose, the discord of our holy religion might be brought to Christian unity and settlement. And since they put in no doubt that their Imperial Majesty has taken such means with valor. Majesty has considered and deliberated such means with valiant, noble and temporal counsel, and in gracious consideration of the action taken, which has always been lacking, and which has so far prevented the settlement of the disputed religion, out of faithful, gracious imperial mind, as for the fraternity of the Holy Roman Catholic Church. The court has decided that this is the most fruitful and convenient thing to do.

VIII Therefore, the Princes, Reigning Princes, and common estates, as well as the embassies and councils of the absentees, as mentioned above, will respectfully submit that their Imperial Majesty, with the timely and well-considered advice and will of the electorate, will appoint a number of good consciences, honorable, and peace-loving persons. Majesty, with the timely and well-considered advice, knowledge and will of the Princes, Princes and common Estates, to appoint a small number of good consciences, honorable and peace-loving persons, who are inclined to promote the honor, benefit and welfare of the Holy Roman Empire of the German Nation, from the common estates and the German nation, to examine and consider the disputed articles of religion, and also to use all possible diligence to bring them to Christian unity and settlement, but without giving up the recent Augsburg agreement.

IX. And especially that the same elected persons shall give actual notice and report of all their actions, in which they shall not finally consent, to Imperial Majesty and the common estates.

578 Cap. 18. of comparative religions. W. xvii. 721-723. 579

The judges of the court have to compare and decide with the common temporal council according to necessity, as such a proposition of their majesty further proves and is able to do.

The estates and the absentees' messages and councils hope to the Almighty that through such a gracious way proposed by Her Majesty, such a contentious religion will be brought to Christian unity and settlement, to Her Majesty's and the Holy Empire's peace, tranquility and all welfare.

1366. Majesty by Count Palatine Frederick of the persons whom she has appointed to the Colloquium. 2V. April 1541.

See No. 1361 in the Oorp. Rec., vol. IV, 178.

The Roman Imperial. Majesty, our most gracious Lord, upon the proposition made by Her Majesty and the permission of the Princes, Princes and Estates, as well as their embassies, to proceed in the matter of religion, have this time chosen and decreed the persons listed below, namely Mr. Julium Pflug, Mr. Johann Ecken, Mr. Johannem Gropper, Philippum Melanchthon, Martinum Bucerum, and Johannem Pistorium. Johann Gropper, Philipp Melanchthon, Martin Bucerum, and Johann Pistorium, who shall examine and consider the disputed articles of the reported religion, according to the content of the said proposition and grant, how they are to be settled, and then give notice and report to their majesty, princes, princes, and estates, to further decide according to such notice and report what may be good and useful for the said settlement.

Her Imperial Majesty also intends, where necessary, to order a prince to preside, so that the more peaceful and correct order may be maintained among and between the persons named in their communication.

1367: Supplication of the Protesting Part of the Christian Dialogue.

April 22, 1541.

See No. 1361. Latin in Oorp. Lei, vol. IV, 179.

1. illustrious, highborn princes, benevolent, noble, strict, prudent, honorable, wise, gracious, favorable and commanding lords! From E. F. G., G. and G. we have humbly heard that the Imperial. Majesty, our most gracious Lord, among others, has appointed us to the Christian

I have named the first of the two meetings in which the disputed articles of our holy religion are to be examined, considered, and judged by way of settlement.

(2) As the Son of God, our Redeemer, when he was about to die, besought the Father with these words: "Father, sanctify them in thy truth; thy word is truth," so do we also add our desire and supplication to this prayer of our chief priest, and beseech the Father of our Redeemer Jesus Christ, who sacrificed himself for us, that he may govern and direct this enterprise of seeking a concord of Christian doctrine. For we also desire with all our heart that a true concord and concord in the church, by true and godly ways and means, may be established and made.

3. As far as the choice of the collocutors is concerned, however, the imperial majesty, our most gracious lord, is pleased with our diligence and work. However, if we consider the burden and danger that will be involved in this examination, we would like nothing better than for this heavy burden to be imposed on others who would be more capable. For even though the matters and affairs whose comparison is to be sought are not so involved and obscure to those who are familiar with the attitude of the old churches, the fact that we know well how some people are minded does not make us careful and fearful "without cause".

(4) But if we cannot ask that the persons of our part be changed, we must obey and make a virtue of necessity; but we humbly ask that our service be understood and accepted for the best, so that in this trade and conversation, as we want to do by means of divine help and grace, we will show all diligence, faithfulness, modesty, simple love of truth, hatred of quarrels and sophistry, eagerness for comparison, kindness and fairness. For the imperial majesty, our most gracious lord, in that in her answer, in which she has named the chosen ones for discussion, she expressly says how she wishes the disputed articles of our holy religion to be examined and discussed, sufficiently indicates that her majesty (as then to such a mighty emperor, who is of such a brave and earnest mind and action) does not wish that a sham and colored comparison be made with uncertain and ambiguous words, which could not be sustained, but that after a thoroughly opened discussion, the matter be discussed.

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and actually recognized truth, a concord and settlement be made that is pleasing to God, and in which all churches of Christ call upon and serve God out of true faith. To this holy work we testify that we will gladly do our best.

(5) Accordingly, we ask the imperial majesty, our most gracious lord, most humbly also this, that they may appoint some of their councillors and other pious men of their liking from both parts and order them to act, so that all such matters, which are so important and great, may be presented to her majesty herself and to the other princes, rulers and estates completely and with all truth, as the greatness of this trade also requires. For it is in itself a very dangerous thing that such great and important matters are ordered to be discussed and considered by so few. And although those who are ordered to the discussion do not have to conclude it, nevertheless they will not be a little concerned about what they will recognize, and will not give birth to a small prejudice for the others.

(6) We also take care that we do not desire anything unseemly, unreasonable or burdensome in this. For if God the heavenly Father, the Son of God and the holy angels are present in this transaction, why should there not also be some honest, pious men, who are known to be inclined and eager for truth and concord, who will help the princes on both sides in all subsequent actions? Therefore to your princely For this reason, it is our most humble request to Your Imperial Grace, Your Grace and Your Beneficence that you will grant the Imperial Majesty, our Allies, the right to a new settlement. Majesty, our most gracious Lord, this our necessary request most humbly, which her Majesty the Father of our Lord JEsu may blessedly preserve and guide. This we wish and pray for her from the bottom of our hearts, Amen.

Your Princely. Your Grace and Favor, Subservient and Willing to Serve

Philippus Melanchthon. Martinus Bucer. > > Johannes Pistorius.

1368 The protestors' letter to the Imperial Majesty, with which they delivered to it the above Supplication of the Collocutors of the Protesting Part on April 22, 1541.

See No. 1361 in Oorp. Net, vol. IV, 181.

Most Sublime, Great and Invincible Emperor, Most Gracious Lord! E.kai

serl. Maj.'s nomination of the six persons for the above religious act, we received it the previous day with all due submission, and for the advancement of the cause we have sent the three named persons of this part, and have graciously and kindly asked and requested them to submit to such act, in accordance with Your Imperial Majesty's request. Maj.'s request, which we will receive with an answer, as Your Imperial Maj. Maj. from the enclosed document.

Since we now consider such their request and search to be in the best interest of His Imperial Majesty. Majesty's most gracious mind and the actions undertaken, but also consider them in accordance with the same and conducive and conducive to a thorough report and settlement of the same: we have not failed to inform His Imperial Majesty of this in submission. Majesty of this in submission, and most humbly request His Imperial Majesty. Maj. most humbly requesting that such be graciously noted by us.

1369: The book handed over by Granvella in the name of the emperor to the delegates for discussion (the so-called Regensburg Interim), on which the discussion was to be held, to which counter-articles written by the Protestants are also attached. With Melanchthon's preface.

This writing is found in Latin in the Colloquii Lstmbon... already mentioned in No. 1361, whose author is Bucer; furthermore in the Acta in conuentu Ratisbonensi, continentia haec, quae sequuntur given by Melanchthon Heralls: librum propositum delectis colloquutoribus: articulos oppositos certis locis in libro: responsionem coniunctorum Augustanae confessioni de libro: praefationes quasdam, quae indicant caussas, cur articuli quidam reprehensi sunt: responsionem ad Contareni scriptum. Witeb. per losephum Klug 1541. quart. Also in the writing of LI. Joh. Erdmann Bieck, "Das dreifache Interim," p. 200, Leipzig 1721. octav. German in Melanchthon's edition of the "Handlungen, die Religion belangend, zu Worms und Regensburg" 2c., whose complete title we have listed at No. 1353. According to this, the writing is reproduced here. Hortleder, Von den Ursachen des deutschen Krieges, p. 219, follows Bucer's relation, which in some parts deviates from it. Against Bucer's writing Eck published: ^poloxia-pro relierendw st illu8tribu8 princnpidu8 entkolioi8 ao a1il8 ordinidu8 imperii adv6r8U8 mueores st cmlurunin8 Lueeri "uper acdi8 eomitiorum Uüti8dona6. ^polo^ia pro reverendiW. 8ed. ^p. I,6Mto st Oardinule 0n8p. Oontnreno. luSoIktndii 1542. quart. There p. 4 is also found this interim, whose author, as both Melanchthon and Eck state, is supposed to be Gropper. This document is found in Latin in the Oorp. Lok., Vol. IV, 190 ff, but without Melanchthon's preface. The counter-articles of the Augsburg Confession relatives are found under the date: "den 31. Mai" in the Oorp. Lok., vol. IV, 349, in Latin.

582 Cap. 18. of comparative religions. W. xvn, 725-728. 583

Preface by Philipp Melanchthon.

1. the good common confession of the holy christian faith, which is sung in the churches, which is called Symbolum Nicenum, is right and christian, and is especially a word in it, which has been set in need and by special grace of God against the evil and poisonous error of Arii.

But because the discord after the Nicene Concilium was not soon quelled, the great lords grew tired of the unrest, and also saw that all kinds of disorder and disruption resulted from disunity; and so, about thirty years after the Nicene Concilium, another great concilium was held in Hungary at Sirmio, where the emperor Constantius was present, and he himself seriously disputed against Photinum. After that, the other matters, the discord between the orthodox and the Arii clan, were dealt with, the error was subtly dispelled, and thus a treaty and unity were made.

3. And because the quarrel was about the reported symbol Niceno, in which a word was placed that was offensive to the Arians, this was considered for settlement, that the same offensive word should be taken away from the symbolo, and another common word be placed in its place, which would be just to both parts, and each could interpret and direct on his own understanding, and should thereafter be valid and kept in all churches, so that no inequality would be felt in churches.

This has a great appearance, and has been highly praised for a beginning of a future whole settlement, that also many right teachers consented to it at the time, which, however, soon afterwards declared itself in a synod, and the settlement, given at Sirmio, again rejected, as Hilarius tells after the length.

5 Although this had an appearance, it was meant for the benefit of one part, namely the Arians, to strengthen and expand their error, but on the other hand to weaken the other part and to suppress divine truth, and soon thereafter it passed. For the Arians now had this advantage, that the others had withdrawn and given way, had the symbol changed, and the broad word was interpreted more in favor of the Arians; thereby many pious people were greatly grieved, and many were also led into doubt, although the matter was great, important, and not to be disregarded. For this was actually the dispute whether the Son of God was created by the Father from His essence or from nothing.

(6) There has been the need to keep earnestly that one received right understanding from the Son of God, that he is truly of the eternal Father's essence, as John first wrote. Therefore, after the aforementioned glittering comparison, the controversy became fiercer, and the broad word made more parties than before.

Now in the church such worldly wisdom has shown itself several times, to direct certain, clear, divine teachings and command with glittering interpretations, thereby to make comparison and unity, and just such has been tried these past ten years in various forms.

8. although the high rulers are obliged to work for the unity of the church, this should be done with just measure, not with the suppression of divine truth, and the command from heaven, given with a clear voice by the eternal and living God, Creator of all things, by His Son Christ, should be preferred to all other things, namely: "This is My beloved Son, whom you shall hear. Therefore, although peace and unity, tranquil government and life itself, are good and great things to esteem, the preservation of the true and pure doctrine of the Gospel should be held in much greater and higher esteem.

(9) But it is found in many comparisons made some years ago, that the papists never sought anything else than to preserve their advantage, not only their sovereignty, goods, power and pleasure, but also their gross errors and idolatry, and thus to carry out their pride and defiance against God, for which they sometimes pretend the beautiful words, to make a reformation, and to louse the fur a little.

(10) Now there are some who mean no harm, of which I do not speak; but at Regensburg it has been seen and grasped roughly enough how the greater number of the bishops are disposed, since they have allowed themselves to be heard publicly and defiantly, not even to drop those errors which have punished and rejected those who have been ordered from their part to speak.

(11) And it seems that many of the bishops act against their own conscience, or are completely Epicurean, thinking that their outward rule is a beautiful splendor and adornment of the world, so to think that religion is as it likes.

But this defiance will not last the length of time. If idolatry and blasphemy in the church has been recognized and exposed, and nevertheless defended with tyranny, the punishment has not been far, as now and unfortunately also

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before your eyes. For undoubtedly idolatry and public immorality in the Church are the most prominent causes why God has imposed such cruel ravages on Europe. May our Lord Jesus Christ, the Son of God, preserve, protect and purify His true Church.

Because the bishops themselves do not want to drop the public and recognized errors, which are rejected by their own, it can be seen that they are not inclined to true and Christian unity; and if their stubbornness is not to be wondered at, this following book, which is presented to both parts as a guide and form of comparison, is placed to their great advantage, and confirms many great errors along with their intemperate violence and splendor. And although some of these errors are not subtle, devious, and easy to notice, the others are secretly interwoven. Therefore, I will indicate some pieces recently, and I will not add anything to the book that the letter and its natural understanding do not bring themselves, and I will also drop many other extensive speeches that might have brought new quarrels.

14 In the articles about the church, item about episcopal authority, the book basically says this: the church is the assembly of the good and the bad, but bound to such bishops who have the title by virtue of ordinary succession; item, bound to its laws, and that such an episcopal church may not err in necessary matters. That in such episcopal obedience alone there is forgiveness of sins and sacrament, and apart from this episcopal obedience there is no blessedness. This is the reasoning and opinion of the book; and it is well to note that the book binds this church of his to the episcopal succession and human law, which the book calls the bond of love.

(15) Here it is to be grasped what is sought among us, that we should condemn ourselves, that we should not respect the members of Christ, that we should have no forgiveness of sins, no baptism, no blessedness.

(16) Against this, a Christian, fair answer is given by the sovereigns, princes, and states, depending on the Gospel, that one is obliged to depart from erroneous prelates, as St. Paul says: "If an angel from heaven teaches otherwise, he is to be considered banished and accursed. But that the bishops who persecute our confession and murder pious Christians on that account are mistaken, that is quite public and certain, therefore the church should not be bound to them in any place.

Much less should the churches be bound by the statutes of men, Col. 3.

17, Further, in the article of interpretation of Scripture, the book makes a power to conclude by several in the church, from which many other consequences come; if this article were approved, they soon made a more, and many papal conciliar harmful errors would be confirmed with it, and the tyranny strengthened, and we made ourselves guilty of all the blood that the adversaries shed unchristian because of it.

18 Furthermore, the book gives an account of sins in confession. It confirms the error of transubstantiation, from which much idolatry has resulted, for sacraments cannot be sacraments apart from their appointed use, since one should not bind God to anything, as is usually the case in idolatry and pilgrimages; now, in the spectacle of transubstantiation and in the sacrificial mass, the sacrament is converted into an alien custom; these grave abuses are to be shunned, shunned and punished.

19 After this, the book attaches to the mass, saying that the priest sacrifices the Son of God, and also for the living and the dead, so that the masses of the souls do not go away; and although much color is given to this article, it is in essence a lie and confirmation of papal idolatry.

20. It also adorns the common invocation of the dead saints, which is vain public pagan idolatry, and has greatly obscured the right understanding of Christ.

I have told these articles so that every Christian reader may judge for himself how pure the book is. The emperor, however, has been praiseworthy in this, in that he has ordered the deputies to the discussion to indicate their opinion in all points in a Christian and free manner; therefore, he has also handed over several counter-articles, as can be found in these acts.

If the opposing party were serious about making unity and peace with God's glory, they would know well how to do it, and would not be allowed to start reinforcing their harmful errors; for they know well that, by God's grace, we teach and keep the right old understanding and custom of the first pure and catholic church in all articles; they also know that one should not deviate from it. This is God's command: "Flee idolatry," and the opposite cannot deny that they practice idolatry; now they pretend that they do not want to practice it so rudely, and they seek dyeing, as they basically maintain their errors for their glory and courage. But Jeremiah says: "Cursed be the one who does not believe in the Lord.

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work unfaithfully. Therefore, let each one who values God's honor and the Christian church, as well as his own blessedness, be careful in this.

This game is not new in the world, but it has often happened that some lords or scholars have put their heads together and directed the divine teaching according to their opportunity; it is also to be feared that this will henceforth be attempted more with new speed. But pious, faithful teachers are obliged to keep divine, necessary doctrine pure and in right certain understanding, which unfortunately did not happen before this time many hundred years ago.

24. The whole papal crowd has so terribly crouched 1) with erroneous, idolatrous, intricate doctrine, that even these years ago many distinguished men, as Wilhelmus Parisiensis, Gerson and many others, highly and miserably complained about it; And after God, through His great mercy, has again kindled the light of the Gospel in the Church, as it is certainly true, the enemy of God and of our Lord Christ cannot tolerate it, wants to dim it by force and with treachery, agitates Turks, Popes, kings, bishops and their scholars and wise men to extinguish this light.

(25) But he cannot quite hide himself, but wants to have confirmed some errors so gross that they can be grasped; the others he adorns, or cocks with rambling words. As it is said of the Roman captain who made peace with the rogue Antiochus Epiphanes, and was man to man; for since Antiochus had often monkeyed with the Romans and deceived them, the captain wanted to show him that they understood such intrigues and could also practice them if it were praiseworthy, and put these words into the treaty that Antiochus should deliver and hand over half of his ships to the Romans. When this was agreed upon, the Roman captain had all Antioch's ships brought to one place, cut them all up, and then had two piles of wood made out of them, one of which he gave to Antioch, and the other, which belonged to the Romans, he had burned. So one should not joke with God,

This is said to warn the reader that he should get to know the strange stuff in this book and not think that it is all gold, adamants, carbuncles, emeralds, turquoise, etc., as it sometimes seems. This reminder is added only for the sake of necessity, so as not to offend anyone. For my mind is not,

1. "crocks" ----- gaukelt.

to embitter these things. And I ask all pious and intelligent people to respect the divine truth of God to the honor and need of the Christian church, and to faithfully help promote and handle it, considering that this is the highest service of God.

(27) Thus all idolatries in the world, when one starts to deviate a little from the certain and clear command of God, which cruel nonsense then follows, as has also happened in the papacy, in their idolatrous masses and saintly services. May the Lord Jesus Christ, Son of God and our Savior, graciously preserve, protect, govern, increase and bless His Church, Amen.

The Regensburg Interim. 2)

I.

From the creation of man, and perfection of human nature before the fall.

God created man in His image and likeness, Gen. 1, not according to the body (although he also wonderfully adorned the body and gave it to serve him), but according to the soul, which he endowed and adorned with powers of understanding and will according to himself; namely, with free will, adorned with the light of wisdom, with complete and perfect innocence, and made partakers of his divine nature out of pure goodness, Sirach 17 and Eccles. 7, that he might be to the praise and glory of his glory, Eph. 1.

As long as man has fully existed in this image and likeness of God, he has had in the mind a true and living knowledge of God, after whom he was formed, and right judgment of all things, and in the will a fervent love and obedience to God, which should grow and increase in him forever. Sirach 17, Psalm 8, Genesis 2.

II.

From the free will.

Since God implanted free will in man, he also gave him his commandment and left him to his counsel; so that, if he had willed, he might, by the help of the graces he had received and the power of the Holy Spirit, have kept the commandment, and have kept the divine image in which he was born.

2. This heading is set by us.

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But if he would not, he would lose his glory and honor by corrupting his will, and for life he would gain eternal death, Sirach 16.

This free will, which we all would have had completely and perfectly if Adam had not fallen, now remains different in man after the fall and sin, before he is brought back to grace, and different after he receives grace, and different when he comes to glory.

Of the free will before the fall it is written: "Before man there is death and life, good and evil; whichever pleases him, that shall be given him. Sirach 15, 14-17. For before the fall there was nothing in the nature of man that prevented him from doing good. But this implanted freedom to do good and to abstain from evil is lost through the fall of man, and only so far freedom remained that the will is not forced, which the evil have as well as the good. Of this free will the Lord says Matt. 23: "How often have I willed to gather thy children together, and thou hast not willed."

But this will is not able not only to perform true righteousness and good works that please God, but also to approach them; as it is written: "The natural man hears nothing of the Spirit of God," 1 Cor. 2, and "to be carnally minded is enmity against God, for it is not subject to the law of God, nor is it able to be," Rom. 8. 8 Therefore this free will alone is able to do outward works, and those that serve this life, whether they be good or evil; for, as Paul says, "That which is not of faith is sin," Rom. 14, and Augustine says in the preface to the 33rd Psalm: I cannot call these good works which do not come from a good root.

But of the free will that is given to man after he is restored to grace, Christ says: "If the Son makes you free, you are free indeed," John 8, and St. Paul Romans 8: "The law of the Spirit, which makes alive in Christ Jesus, has made me free from the law of sins and death. This freedom is restored and preserved to us by the Son alone, through the action of the Holy Spirit, since Christ says: "Without me you can do nothing," Jn. 15, and Paul: "The Spirit helps our weakness," for by this Spirit we are redeemed from the bondage of sins and become servants of righteousness, as the apostle says: "Now that you have been set free from sin, you are servants of the law.

This is why this one freedom is called "righteousness", by which we are made free from sin.

But of the freedom of man after he has attained glory, which is freedom from all insanity of mind, and from evil lust and desires, the apostle says that we shall then see God as He is, and for this reason be wholly devoted to Him, yes, He will then be all in all, 1 Cor. 15. Now that we have been truly made free through the redemption that is in Christ Jesus, so that now that He has strengthened us we are able to do all things in Him, Phil. 4, then one should praise such freedom in preaching to the people with high praise, so that the people may recognize what they have attained in Christ, and that they may now, as far as the grace they have in Christ JEsu is concerned, abstain from sins, be obedient to God, and do His commandments, that they may also strive for it with the highest diligence through the help of the Spirit. To which St. Paul exhorts when he says: "Sin shall not have dominion over you, for you are not under the law but under grace"; "the gift 1) of God is eternal life in Christ JEsu our Lord", Rom. 6, and 2 Cor. 6: "We urge you as fellow helpers not to receive grace in vain," for here the glory of Christ, and the riches and power of grace and of the righteousness given, which we receive through Him, are gloriously and sweetly extolled.

But people should also diligently imagine that there still remains such a noticeable weakness to do good, and such a strong inclination to evil in us, which prevents the now reported power of the Spirit, and arouses all kinds of evil desire in us, and drives us not to do the good we want to do, Gal. 5. Hence it comes that in this life no one is without sin, 1 John 1; the more we should cleave to Christ and walk in this life with fear and trembling, and use all diligence that we do not fall away from the grace of God, Heb. 12, nor grieve the Holy Spirit, that we may be sealed to the day of redemption, Eph. 4.

III.

From the cause of sins.

The cause of sins is the evil will of man and the devil, which turns away from GOD, which wickedness of will is not of GOD, but of the devil, and of us; as then

1. "Gift" put by us instead of: "grace", according to Rom. 6, 23.

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The Lord Christ says: "When he speaks lies, he speaks of himself"; thus death came into the world through the will of the devil, Wis. 2, and: "Through one man's disobedience many sinners were made", Rom. 5, which happened when Adam, deceived by the devil, lost the living faith and love for God, and instead of these fell on trust and love for himself, Gen. 3.

IV.

From Original Sin.

Original sin is the defect and lack of the first implanted righteousness that we should have, along with evil desire. But the first inborn righteousness we call being in the grace of God, and having the likeness and image of God to which we were created, which consisted in man having the Holy Spirit, and from the same the right knowledge and love of God; therefore such infirmity and lack of inborn righteousness is nothing else than lack of the grace and Spirit of God, or as St. Paul calls it, unbelief and disobedience to God. Paul calls it unbelief and disobedience to God, Rom. 3, Gal. 3, Rom. 5.

Evil desire is the corruption and disorderly nature of human powers and the addictive inclination to evil, which is therefore called by St. Paul "a law of the members", "a law of sins", and also "sin", Rom. 7. Therefore we must always beware and fight against this addiction and corruption inherent in us, so that this sin does not rule and prevail in our mortal body, Rom. 6.

Thus the nature of original sin comprehends both of these in itself, the infirmity and lack of the first inherent righteousness which we should have, and the evil desire and addictive nature which, when it comes to the infirmity and lack of the first inherent righteousness, breaks out into all kinds of real sin in those who are not born again in Christ, in whom the devil works powerfully, Eph. 2.

But original sin should actually be distinguished from actual sin, so that we recognize that original sin is only the defect and deficiency of the first innate righteousness, in which deficiency there is also always the addictive and evil nature and inclination to sin. But what sin is in us, above this the first innate righteousness infirmity and deficiency, together with the evil addictive inclinations, namely, that now breaks out into action, be it with thoughts, words, or works, or also omission of that which we should do, this we call real sins.

From the origin of original sin.

Original sin according to its own nature, as distinguished from real sin, as the root of branches and fruits, has passed from Adam into all his descendants, and has glorified to death, Rom. 5, and becomes a sin of its own in all of us who are born of Adam, merely by natural descent and birth from Adam; as then St. Paul says Rom. 9: "Before they were born, and had done any good, or evil, I hated Esau."

Item, Rom. 5: "Death reigned from Adam, even over them that sinned not as Adam with transgression." Nevertheless, it is true that this certain defect and deficiency of the first inherent righteousness, together with the evil addictive tendency to evil, is such a defect and sin that is worthy of death. For because man is corrupted by this original sin, God no longer sees in him his image or his knowledge and love, for which reason we are all born by nature children of wrath, so that even the young children who pass away before they are born again through baptism are not freed from damnation, by which they are deprived of divine sight and light.

For although in us, who are born of Adam, there still remains some divine image, by which we still recognize God to some extent, which we call the light of nature, yet this remaining light is so small and weak, because of the heavy stain, that it cannot recognize God for His image in us; just as it is quite ineffective to do spiritual and true justice, although it is sufficient to condemn all those who are not subject to divine justice, Rom. 1.

How the original sin is taken away and removed.

Original sin is accepted by man in baptism, which is the bath of regeneration and renewal of the Holy Spirit, in the word of life, through the merit of Christ's suffering, Eph. 5, because in baptism the guilt or duty of condemnation, which sin has on it, is taken away from man, and the grace of God is restored.

Moreover, the power of the innate evil addiction and inclination is weakened by the Holy Spirit, which is given in baptism, and new and holy inclination is aroused in man, as St. Paul teaches in Rom. 5: "Just as through one sin condemnation comes upon all men.

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If by one righteousness is righteousness, so also is the justification of life come upon all men; and as by one disobedience we became many sinners, so also by one obedience we become many righteous." And in Cap. 6: "By baptism we are buried with him in death: that like as Christ was raised from the dead by the glory of the Father, even so we also should walk in newness of life."

Therefore, although in the newborn there remains the evil desire and innate addiction called materiale peccati originis, which is a serious disease and a root of all bitterness: yet the guilt or duty of condemnation, the formal, is taken away, because we are freed from it in baptism, and clothed in Christ, and made in the likeness of the Son of God, as the apostle says of Christ, "Who gave himself for the church, that he might sanctify it, by the washing of water in the word"; and Gal. 3: "All ye that are baptized have put on Christ." Thus, because of the merit of Christ, and for the sake of Christ dwelling in them by the Holy Spirit, the rest of original sin is not imputed to the saints, and is no longer such a sin that condemns, since the duty of damnation for Christ's sake is taken away, so long as this addiction does not break out into evil works, thoughts, consent, or omission of guilty works, after the apostle says: "There is nothing condemnable in those who are in Christ JEsu, who do not walk according to the flesh, for the law of the Spirit and life in Christ JEsu has set me free from the law of sins and death," Rom. 8.

And therefore St. Augustine speaks of this infirmity rightly and well when he says: The guilt of original sin, which comes from birth, is accepted by regeneration, de spiritu et litera; unb contra Julianum, lib. II: The law of sins, which is in the members of the mortal body, is forgiven in the spiritual rebirth, and yet remains in the mortal flesh. It is forgiven because the guilt is taken away in the sacrament by which believers are born again, but remains because it works evil desire, against which believers contend. And in another place: The baptized is free from all guilt of all evil. And ad Bonifaciurn: Baptism gives forgiveness of all sins and takes away sins altogether, not as one cuts off the hair that grows again. On this opinion Augustine speaks in many more places. And for this reason, one should be baptized with the sacred

Augustine diligently teach that this law of sins and the evil inclination in the saints, if it does not bring forth evil fruit, is not such a sin as to bring us condemnation, for all guilt is paid and accepted through Christ.

In addition, one should also confess and teach with the same Augustine that this infirmity is also called sin by St. Paul, and not only because he comes from sin, but also because he is inclined to sin and has a disobedience in himself against the rule of the mind. For this holy man lid. V. contra Julianum, cap. III. thus writes: The lust of the flesh, against which the good spirit lusts, is sin, because it has with it disobedience to the rule of the mind, and is a punishment of sins, because it follows after the first disobedience, and is thereby deserved; thirdly, it is also the cause of sins, namely, when one indulges in evil desires, and because sinful men are born of them. And Iil>. contra Julian II: This infirmity is not called sin so that it makes believers guilty, but that it comes from the guilt of the first man, and by its reluctance is subject to drag us into guilt, unless the grace of God helps through Jesus Christ our Lord, so that this sin, which is now overcome, does not live and reign again.

But as soon as this infirmity breaks out into some evil movement and quilts, such as despising or hating God's judgment, and not trusting His promises, being impatient against God and grumbling, and other much more movement to evil, which man in some way approves of, or has a desire for, or persists in: then it is a real sin, which must be forgiven anew. And because this weakness is also so great, and the root of bitterness so fruitful in us, that we very often succumb for and for, and this root daily brings forth bitter fruit, as, contempt of God, and many evil desires: so it is necessary that the saints, as long as they are in this life, pray and say: Forgive us our sin. And "where we say that we have no sin, we deceive ourselves", 1 John 1.

So there is this difference between the sinful lust in those who are not yet newborn and that which remains in the newborn. First, that the lust in those who are not yet newborn is still under the guilt and obligation of damnation to eternal death; but in the newborn the obligation of damnation is taken away. Secondly, lust reigns in those who are not newborn.

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They are not able to resist it, but the newborn fight against it. Third, lust is a cause of eternal death to the wicked, but an exercise in fear and faith to the faithful.

After the guilt of original sin has been removed from the believers, but the evil desire still remains, which constantly rebels against the Spirit, the two things should be diligently held before the people in the sermons. First, so that they may better recognize and praise the good deeds and grace of Christ in that God does not count the rest of original sin as sin. Secondly, that they, if they recognize and realize their other great weaknesses, may surrender themselves more completely to the physician Christ and trust him to heal their infirmities more perfectly, and also practice more earnestly in constant repentance and pleading for mercy. Thirdly, that they also consider how they have to struggle with their constant inward enemy, and call upon the help of the Holy Spirit all the more faithfully, and also watch and persevere all the more to crucify and kill their flesh with the evil lusts.

On the other hand, the power of grace and the Spirit received in baptism should be gloriously praised, and the people should be taught that such grace (if only we accept it with true faith and use it rightly) is greater and more powerful than the rest of weakness and pestilence, that even such weakness and evil pestilence may be crucified and killed by such grace and Spirit until perfect victory, whether we attain it only in the life to come. For thus St. Paul writes to the Romans in the eighth: "God sent His Son in the likeness of sinful flesh, and condemned sin in the flesh by sin, that the righteousness of the law might be fulfilled in us"; item: "We are debtors, not to the flesh, to live according to the flesh"; item: "Whoever is driven by the Spirit of God are the children of God."

V.

Of justification, that is, how man becomes righteous before God. 1)

This is certain and known to all Christians, that after the fall of Adam all men, as St. Paul says, are born children of wrath and enemies of God, and therefore are in death and the prison of sins.

1. This fifth article is found in another translation in Spalatin's Annals, pp. 872-580.

It is also certain and known among all Christians that no man can be reconciled to God and freed from the prison of sin, but through Christ, the one mediator of God and man, by whose grace, as St. Paul says, we are not only reconciled to God and freed from the prison of sin, but we also attain fellowship with the divine nature and become children of God.

It is also certain and public that those who have now come to their sensible years will not attain this benefit of Christ without a previous movement of the Holy Spirit, by which their minds and wills are moved against their sin. For it is impossible, as Augustine says, to begin a new life unless repentance of the former life has first taken place.

And in the last chapter of Luke, Christ commands that repentance and forgiveness of sins be preached in his name. And John Baptist, sent to prepare the way before the Lord, also preached thus: "Repent, for the kingdom of heaven is at hand."

After this, the human mind is moved by the Holy Spirit to God through Christ, and this movement is by faith, through which the human mind certainly believes everything revealed by God, and thus also believes certainly and without doubt the promises given by God, who, as is said in the Psalms, is faithful in all His words. Through this, the mind trusts in the divine promise, in which God promises that He will forgive the sins of those who believe in Christ, namely those who repent, without merit. And through this faith the mind is raised to God by the Holy Spirit, and receives the Holy Spirit, forgiveness of sin, imputation of righteousness, and many other gifts.

And for this reason it is a constant, sound doctrine that the sinner is justified by living and active faith, for by this we become pleasing and acceptable to God for Christ's sake.

And the living faith we call a movement of the Holy Spirit, through which those who truly repent of their old life are raised up to God, and truly take hold of the mercy promised for Christ's sake. So that they now truly conclude that they have forgiveness of sins and reconciliation with God, because of the merit of Christ, out of pure grace and goodness of God, given to them freely, and now cry out to God: "Abba, dear Father" 2c.

And if such happens, then at the same time also

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The love that heals the will of man is poured into man, so that he, having been sanctified (as Augustine says), may begin to fulfill the law.

So this is the living faith that takes hold of God's mercy through Christ, and believes that Christ's righteousness is imputed to us without our merit, and at the same time receives the Holy Spirit and love, so that the faith that justifies is such faith that is active through love. But this is nevertheless true, that we are thus justified (that is, pleasing and reconciling to God) by faith, because it takes hold of the mercy and righteousness imputed to us for Christ's sake, and not from our worthiness or perfection of the righteousness begun in us through Christ.

And even though he who is esteemed righteous also receives a righteousness that is in him, as St. Paul says, "You have been washed, you have been cleansed, you have been sanctified"; for which reason also the ancient Fathers used the word "become righteous" in this way, for receiving such righteousness as we have in us; yet the believing heart should not trust in the same, but only in the righteousness of Christ, which is given to us, without which there is no righteousness at all, nor can there be. And so we are righteous by faith, that is, pleasing to God, because of the merit of Christ, not because of our worthiness or works.

But of the righteousness that is in us, we are called righteous so far as we do righteous works, according to the saying in the first epistle of John 3: "He that doeth righteousness is righteous."

Although the fear of God, repentance, humility and other virtues should always increase and grow in the newborn, because such renewal is not yet complete and they are still very weak, it should be taught that those who truly repent should certainly and undoubtedly believe that they are always pleasing and pleasing to God because of the mediator Christ; For Christ is the mercy seat, the high priest and intercessor for us, whom the Father has given to us, and all goods with him.

But since man does not have perfect assurance of faith in this weakness, and there are many stupid, frightened consciences that are often hardly challenged with doubts, no one should be considered excluded from the grace of Christ because of this weakness, but rather such should be diligently exhorted to put the promises of Christ comfortingly against such their doubts,

and ask with constant prayer for strengthening and increase of faith, as the apostles asked: "Lord, increase our faith" 2c.

It is also known among all Christians that grace and new birth are not given to us to remain idle in this degree we have begun, but that we should grow in Christ, who is our Head 2c. Therefore the people are to be taught that they should strive to increase in this way, which is done by good works, inwardly and outwardly, commanded and pledged by God, to whom God also clearly and publicly promised rewards for Christ's sake in many places of the Gospel, namely, goods of body and soul in this life according to His divine will, and rewards in heaven after this life.

Therefore, although the inheritance of eternal life is committed to the born-again by virtue of the promise, as soon as they are born again in Christ, God also wants to reward the good works that are good, not because of their nature or because they come from us, but because they are done in faith, and are from the Holy Spirit who dwells in us, and yet are done together with free will, as contributors.

And greater and more glorious will be the salvation of those who have done greater and more works, because faith and love have increased in them through such practice.

But those who need these words, that by faith alone we are justified, should then also practice the doctrine of repentance, godliness, the judgment of God, and good works, so that the sum of the doctrine may be complete, as Christ says, "Preach repentance and forgiveness of sins in my name. And for this reason, that this way of speaking may not be understood in any other way than as it was spoken of before.

VI.

From the church and its signs, also violence and authority.

The church and community of Christ is the assembly and community of men, where and at what time those have ever been, are, or will be, who are called and come into the community of the confession of one faith, doctrine, and sacraments, according to the true Catholic and apostolic teaching.

Who then in this assembly, in unity of the true and living faith, which is active through love, and under One Head Christ, and the administration of the Holy Spirit, cling to one another, and in the same Sacrament also spiritually

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These alone are the church of Christ, which St. Paul calls the holy temple and house of God, and the body of Christ, in the first epistle to the Corinthians in the sixth chapter, to the Ephesians in the second and fourth, and in the first to Timothy in the third chapter, and by John: the holy city, the new heavenly Jerusalem, built of living stones, Revelation John in the one and twentieth chapter. This is also the holy people alone, purified from all unrighteousness, pleasing to God, and zealous for good works, Tito in the other chapter. Which is also called by agreement the determined garden and sealed fountain, and the fountain of the living water, and paradise with its fruits.

And this is the church and congregation of the elect, hidden from us, and known to God alone, since St. Paul says: "The Lord knows those who are his", in the other to Timothy in the other chapter. In which church now are all who have and keep the spirit of faith and love, to Hebrews in the third chapter, though they do not all have the same perfection of spirit, Rom. 12, 14, 15, Eph. 4. To this congregation of Christ also belong, but only according to the promise of God, all those whom God still wants to convert, whether they are still considered by us to be outside this congregation, as they are not yet in it, as St. Augustine teaches in the book of baptism against the Donatists, lid. V, cap. 27.

Accordingly, in this congregation and assembly, as long as the outward fellowship is concerned, the wicked and those rejected to eternal damnation are also included, as long as they are united with the living members of Christ, but only bodily, even though they are outside and alienated from the spirit, for they are with the orthodox like the chaff among the wheat, and the tares among the good fruit. and 13, that is, as long as they have fellowship with Christians in the outward signs of faith and visible sacraments, they are also counted by men among the members of Christ; these have the appearance of godliness, but the power of it they deny, in the other epistle to Timothy on the third verse.

These, as long as they are not yet separated and cut off from the church, St. Paul recognizes them as those who are still in the church and community of God, for he writes of such to the Corinthians: "Put away evil from yourselves. As long as they have not been cast out by the ban, or have not gone out themselves, and have not separated from the church, they are still in the church and the church of God.

They are held as those who are in the church.

Thus the assembly of the one and common confession and sacraments, which in this life has mixed many wicked men and hypocrites among the good and true Christians, is like a great house, in which are not only vessels of gold and silver, but also of wood and earth, some prepared for honor, some for dishonor, in the other for Timothy in the other chapter. This church of Christ is invisible, according to the part of its members who live and are driven by the Holy Spirit and are ordained to eternal life; but visible according to the outward knowledge of Christ and fellowship, as it is spread throughout the whole world, beginning at Jerusalem, and from there carried on by the apostles to all nations, Luke in the fourth and twentieth chapters. Acts of the Apostles on the first. To the Romans on the 10th.

And even though the wicked and sinners are not living members of the Church, nor even of the congregation of God's elect, which is holy and is called the communion of saints, nevertheless Christ taught us not to look for the congregation of His saints anywhere else but in the great assembly, in which is the right teaching of the faith and the use of the sacraments.

And he that abideth in this church hath fellowship, and enjoyeth all the goods which all the saints and godly have had and enjoyed, which have been from the foundation of the world; from which also the strange sins do not hinder him: for not the communion of the sacraments with the wicked, but consenting to evil doings, defileth a man: and he that separateth himself from this church hath not eternal life, but wrath abideth upon him, even for the sin of such separation.

But so that no one would be uncertain of things and doubt where to find the church of Christ, Christ has given certain signs by which we are to recognize such a great house, which is the church of God. These signs are the sound doctrine of Christ, the right use of the sacraments, and the bond 1) of love and peace, which is found in the fourth chapter of Ephesians and the twelfth chapter of Romans.

By the first two signs, all those who are known to be unbelievers, as Jews, Turks and Gentiles, and then also the heretics, are separated from the church, in the first epistle of Corinthians on the fifth, in the first epistle of John on the second chapter, and in the second epistle of John on the third chapter.

1. "Band" put by us according to Ephes. 4, 3. instead of: "pledge" in the old edition.

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In the other, to Timothy in the second and third chapters, and to Tito in the third. By the third sign are separated all schismatici, and those banished for just causes. Another sign of the church is that it is catholic and universal, that is, common to the whole world, in all places, and extended at all times, until the end of the world.

VII.

From the sign of the word.

As long as these signs are still present in the great house of the church, we should not be mistaken, as it has been said, that there are many evil people in the church, and that they also rule and reign, so that we would think to look for the true church and community of the blessed somewhere else, since the three signs mentioned, as sound doctrine, the true use of the sacraments and the bond of love, still exist and are in the right essence. For this great house has the promise of the certain presence of God and the Holy Spirit, which is not taken away from the church because of the interfering evil ones, since the Lord promised: "Behold, I am with you always, even unto the end of the world," Matthew the eighth and twentieth, and John the fourteenth chapter: "I will not leave you orphans; I go away, but I will come again to you." "Should unbelief of the wicked (who are in the church along with the good) nullify faith and promise? Far be it from them; but let it be so, God is true, but all men are liars.

God knows how to preserve His great house, the Church, by His miraculous counsel, even in a few, but not in all kinds of few, but in those alone who hold to godliness in truth, and do not leave the unity of the Church from the interfering multitude because of the wicked, who are called by the prophet Isaiah the remnant, in whom the promises of God are preserved and fulfilled: "Where God (says the prophet) had not left us a seed, we would have become like Sodoma and Gomorrah", Isaiah at first. And again: "If the number of the children of Israel were like the sand of the sea, the rest alone would be preserved", Isaiah on the tenth, Rom. on the ninth.

So also the apostle writes: "Do you not know what the Scripture says about Elijah, how he prays to God against Israel: Lord, they have slain thy prophets, and digged up thine altars, and

I am left alone, now they also seek my life. But what does the divine answer say to him: "I have left me seven thousand men who have not bent their knees to Baal" in Romans, chapter eleven, and in the third first book of Kings, chapter nineteen. These remnant Christ calls his sheep, who hear his voice and follow him. Who are specially ordained, not that they should be specially gathered together apart from this great house, but that in them the great house should be preserved, and should stand, lest it fall from the foundation, and come to nought; for they are the house that is founded upon the rock, which standeth firm and immovable, and when all calamity is come against it, and storms, Matt. 7:7.

And although this great house often does not stand so well because of the multitude of the godly, nor is the doctrine so clearly and powerfully taught, there is therefore no doubt that nevertheless in this house the true church is preserved, which alone has the anointing of the Holy Spirit, who teaches of all things; for this church is preserved when the unity of doctrine is kept at least in those things that are necessary to salvation. Now in this great house have been, are now, and will be those who preserve and maintain unharmed the Christian doctrine, which consists in faith, hope, and love.

VIII.

Of repentance after the fall.

In this Catholic Church alone there is forgiveness of sins, which is given to the penitent not only through baptism, but also after baptism, and not only in this Church there is forgiveness of lesser sins, which are swept away through daily sanctification, but also of more serious sins, of which the apostle says: "Those who do such things will not inherit the kingdom of God," and 2 Cor. 12: "I fear, when I come to you again, that God will not humble me with you once more, and that I should have sorrow on account of many who have sinned before, and have not repented of the uncleanness, fornication, and immorality which they have committed."

And for this reason the Novatians and Cathars have been justly condemned, who have denied forgiveness of sins after the fall of the denial of Christ; for the Scriptures show by doctrine and example that conversion after the fall takes place in the Church of Christ and should find grace, Ezek. at the third Cap.

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eighteenth, Luke on the eighteenth, Galat. on the sixth, and in the other to the Corinthians on the other chapter.

Therefore, there is no sin that is not forgiven those who truly repent in the church, but only the sin of unbelief and impenitence, blasphemy against the Holy Spirit and despair, which sin is not forgiven here or in the life to come, Matthew chapter twelve. Of which sin it may be understood that it is also written to the Hebrews in the sixth chapter: "It is not possible that those who have once been enlightened, and have tasted the good word of God, and the powers of the world to come, should fall away, and again crucify to themselves the Son of God, and hold him up to ridicule, that they should again be renewed to repentance"; and in the tenth of the same epistle: "If we sin wilfully after we have received the knowledge of the truth, we have no more sacrifice for sin, but a dreadful waiting of judgment" 2c.

In order that the apostle may show that those who, after having received the knowledge of the holy gospel, crucify and mock the Son of God again by their sinful life, and do not cease to sin willfully, have no other sacrifice for their sin, nor have renewal through repentance, as has been seen in Judah the traitor, who, having so wantonly betrayed and rejected Christ, has found no more place of repentance and forgiveness, even though, moved by repentance of his iniquity, he cries out: "I have sinned in that I have betrayed the innocent blood," Matt. 27. 27 because he did not trust in Christ the Redeemer, whom he had rejected by his betrayal.

Likewise, the epistle also tells the Hebrews about Esau and others who refused to hear the word of God and rejected the one who wanted to speak to them for their salvation. For this is the judgment of God: "He who does not believe in Christ is already judged because he does not believe in the name of the Son of God", John 3. Since it is also added that the unbeliever will not see life, but death will remain over him. And this is the sin unto death, of which in the first John on the fifth.

In other places, the apostle shows the Hebrews that beyond this one most grievous sin of unbelief, and final hardening and blasphemy against the Holy Spirit, there is no sin that is not forgiven in the church, where we return to Christ by faith alone, and believe,

that our sin is forgiven and accepted before God through this sacrifice and no other, for thus he says in chapter 3: "Take heed, brethren, lest any of you have an evil, unbelieving heart, which departeth from the living God; but exhort yourselves every day, as long as it is called this day, lest any of you be hardened through the deceitfulness of sins. For," he continues, "we have been made partakers of Christ, if we hold fast the faith which we began unto the end: for they have not all sinned that came forth out of Egypt: but they that have embittered the Lord, after they heard his word, and have hardened their hearts, and have disbelieved, the same have not entered into the promised land because of their unbelief."

The holy fathers also interpreted these sayings of the apostle in a Christian way, so that he spoke of those who taught that after the fall a person must be renewed again through baptism. Since there should be no more than one baptism in the church, the same Anabaptists have been wrong, and this saying has been used against them.

Now this conversion after the fall is also in two parts, as reported above about the justification, namely, in newness or death of the old Adam, and on the other hand in consolation and making alive through faith; but the death of the old Adam requires here not only repentance, but also confession and satisfaction for chastisement; but of this we shall speak hereafter. For repentance after baptism is described by the holy apostle Paul as being pain and sorrow for God in those who have sinned, which pain produces in them diligence, anger, repentance, fear, desire, and revenge, 2 Corinthians 7.

This killing of the old and sinful man in those who turn from sin is not done by the ministry of the law of Moses, but by the ministry of the spiritual law of life, which is given to us in baptism, but is suppressed by sin, and is awakened in us by the word of the gospel, which calls to our hearts: "Remember what you have fallen from, and repent, and do the first works, or I will come to you soon. 2 Item, as St. Paul cries out to the Galatians: "O you who do not understand! Who has bewitched you not to obey the truth, before whose eyes Jesus Christ was painted, and is now crucified among you?" And to the Hebrews on the 10th: "Whoever breaks the law of Moses must die without barm.

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How much more severe punishment do you think he deserves who tramples underfoot the Son of God? Such a voice of the Spirit of Christ and His law awakens and straightens our spirit, which sin has overtaken, to repentance and to inexpressible groaning over sin; which then breaks out through confession, and brings about the diligence of correction, the displeasure against sin, responsibility (satisfaction), fear, zeal for good, and revenge. Of this terror and fear in the heart David says: "The sacrifice, pleasing to God, is a fearful spirit; a fearful and bruised heart you, God, will not despise."

This terror and fear is helped by faith, which looks to Christ, whom we have as our Advocate with the Father, who is the propitiation for our sins, 1 John 2; therefore he is able to preserve and save forever those who come to God through him, for he always lives and abides forever to represent us to the Father and to reconcile us to him again, exercising his eternal priesthood, Heb 7.

Through this faith (namely, that Christ the Lord alone obtains forgiveness of our sins from the Father, and is also the propitiation for our sin itself), the renewal of the spirit is also received immediately, and the reviving of the inner man is united and brought together with the killing of the old. For thus David prays: "I know my iniquity, and my sin is constant before me. Defile me with hyssop, and I shall be clean; wash me, and I shall be whiter than the snow. Let me hear joy and gladness, that my bones may rejoice, which thou hast bruised. Create in me, O God, a clean heart, and give me a new certain spirit." And in another psalm, "Day and night your hand is heavy upon me, and my sap is consumed and dried up, as it becomes dry in summer. Therefore I confess my sin, and do not hide my iniquity. I have said, I will confess my transgression unto the LORD; and thou hast forgiven me the iniquity of my sins."

We are assured of this pardon, as in justification, by the witness of the Spirit working through the Sacrament of Penance, that is, through absolution, along with other things to be said of it hereafter.

So much for repentance after the fall of sins, which alone in the church of Christ is truly rightly practiced and obtains forgiveness of sins.

IX.

Of the authority and power of the Church to discern and interpret the Scriptures.

Accordingly, the authority and power of the church is to be recognized. In order that such authority and power of the church may be properly recognized, it must be known that God initially used the ministry of the oral word, and not of Scripture, to gather and establish His church. For he always wanted his word to be communicated from one to another, through the parents to the children, in the same way that Christ commanded his apostles to go into all the world and preach the gospel to all creatures.

But God does not use such external and verbal words other than as an instrument to present His Holy Spirit, through whom hearts are opened.

After that, God also did us the favor of giving us His Holy Scriptures, by which human stupidity, which is inclined to forget what is good and to accept error, is helped more, and the evil wiles of the devil, who does not refrain from taking away the Word of God from people or falsifying it, are countered all the better.

When God knew that the devil would, with great speed and glibness, take upon himself to falsify his holy word, communicated to men orally and in his Scriptures, and to mix and corrupt it with his lies, and that in such a way that he would disguise himself as an angel of light, some would set up his people and instruments and present them as apostles of Christ and holy teachers, some of whom would send out many false poems in the name of the holy apostles, and thus present their devilish lies to the people under the title of divine writings; Some, however, would falsify and pervert the true apostolic scriptures with false interpretation, to their own destruction, and also break the bond of love that is supposed to hold the believers together, and thus create evil sects and mobs.

To counteract such evil, cunning tricks and harm of the devil and his tools, the false prophets, apostles and teachers, and to keep the believing people in pure doctrine and true divine unity, God has also given His Church a command, power and authority based on His holy Scriptures; and this authority is twofold. The one is to recognize the true divine Scriptures from the false human poems and to distinguish the canonical from the non-canonical, which command and power were also given before in the case of

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The Holy Canon of the Church, which is the certain number of the divine books, New and Old Testament, that is, of all the writings of the apostles and prophets, which this Canon includes in their proper and certain number, and wills that no other writings be held fo high, and is held and exalted by the bishops (so remaining in ordinary succession) and their churches for and in such high order. To which Scripture all believers and godly minds shall be subject and minister, and no one shall be entitled to doubt of any thing given in this Scripture, whether the same be true and right, or untrue and wrong. To this authority and power of the Church, Augustine says: "I would not believe the Gospel unless I were moved to believe the authority of the common Catholic Church.

But this authority and power of the church, on account of the divine scripture, does not extend further than to recognize the true, undoubted divine scriptures and to distinguish them from the false and doubtful ones. For all scriptures and books, once accepted in the canon as true and divine, these (as everyone confesses) are indeed immovable, and surpass all human authority and respect; of which Christ says, "The scripture cannot be dissolved." Therefore this futile and unchristian disputation and questions are: whether the authority and respect of the church is more than of the scriptures? Item: whether the church may abolish or change something that is given in God's word? Item: whether the church may set anything against the word of God? For all other doctrine and Scripture must be made credible by this divine Scripture, and all other doctrine must be judged and held according to it; but no human judgment or knowledge can make it credible, or improve anything in it, because it is God's Word, which is eternal truth from Himself, and has all credibility, and teaches only all that is good.

The other authority of the church in regard to the holy Scriptures is to interpret them; for since no prophecy comes from human reason, but holy men have spoken thus by the Spirit of God, in the first Peter, the Lord has also given to his church, which is governed by the Holy Spirit, the authority of interpretation, so that the Holy Spirit may be the interpreter of the Scriptures who first gave them; therefore we read in the last Luke that the Lord is

When he appointed the apostles to their office, he gave them the understanding to understand the Scriptures.

This authority of the church to interpret the Scriptures is not to be sought from any private individual, but from the whole church and the common unanimous mind of all the godly, which is the common testimony of the Holy Spirit and the foundation of truth. On which opinion the apostle also said in the first epistle to Timothy 3: the church is a pillar and foundation of the truth.

Therefore, the supreme authority and judgment to interpret the Scriptures is without contradiction in no particular man, but in the whole common church, which has not only distinguished the certain books of the prophets and apostles from foreign and bastard writings, but has also given the right and true interpretation and understanding of the same divine writings, in the necessary pieces of our holy faith.

Therefore we have that we confess of the Father, Son and Holy Spirit, one being and Godhead and three persons, item, in Christ our Lord two natures and one person.

This and much more has been accepted by the whole common church, more by interpretation and explanation of the Scriptures than by the letter of the Scriptures expressed in words; although such opinion is concealed in words. Athanasius writes of this: "This is the use of the church, when new doctrines arise from the heretics, that the church, against the innovation of unusual questions, changes the names and words, and expresses everything more clearly and distinctly, and yet lets all the pieces of Christian doctrine, as they are in themselves, remain quite unchanged, and seeks words that actually bring and signify the right understanding, and indicate more what has been of the old, than that they want to pretend something new.

St. Irenaeus also writes of this authority and power of the common Christian church, which is very beautiful and well to be considered: How? (he says) if there were a disagreement about one article, should one not turn to the oldest churches, in which the apostles held and taught, and hear what was certainly held of the first? For if one had no Scripture, one would have to search the churches of the apostles and listen to what they received from the apostles and those to whom the apostles commanded the churches; just as many barbarians, who do not have a written interpretation, thus retain their faith, and receive salvation without Scripture and doctrine, through the Spirit in their hearts.

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The people who have written the books are diligent in keeping the order that has been given to them from their earliest years.

Of this authority and power of the church to interpret Scripture, which is in the common and universally accepted understanding, credible testimony is given first of all by the judgments of the holy Councils, and then also by the proven holy teachers of the church, who have been at all times, in that they unanimously state, testify, and teach that it has been brought down to them by the apostles, and has been universally accepted and held by the church, and is also in accordance with Scripture.

We are all to obey this common and universally established understanding of the church, to which the holy councils and fathers unanimously bear witness, but in the same way as the church requires us to obey it. For there is a difference among the things which are given to us by the ancients unanimously, and as being of the apostles' tradition; for some doctrines and ordinances given by the ancients are necessary to be kept in all things, but some are not, as they may be instituted according to the occasion of the time, and again changed according to the occasion of the time.

Therefore, we should obey and comply with this unanimous testimony of the church just as it testifies to us, and we should look to the end that the church itself has looked to at all times, so that we do not run counter to Scripture, or even consider the teachings that Basil calls "of the Holy Spirit" in the book to be equal to the necessary teaching of faith.

When, in the Concilio Apostolorum, from the Holy Spirit, with the same precept and judgment, it was forbidden to eat blood and what would be choked, and fornication, Apost. on the 15th, was forbidden.

Such a statute has also existed in the church for a long time, and has been kept unanimously; as it has then been confirmed by several subsequent conciliations, and further commanded to be kept. Nevertheless, eating blood and strangled food is not to be equated with fornication, as it should be so abhorrent and avoided, but because it only served in its time to preserve the unity of the churches, and thereby to promote the holy gospel: Therefore also, without violating the obedience of the Holy Spirit and of the church, it might have passed away and been abated, which, however, might not have been done on account of fornication, because the Scripture is expressed that fornicators and adulterers shall not inherit the kingdom of God, in the first of Corinth, the sixth.

So much of the interpretation of the scriptures, doctrines, and orders that the ancient holy teachers

unanimously, and as first presented by the apostles, teach and testify.

On the other hand, in doctrines and interpretations in which the holy fathers and teachers do not agree, the judgment is up to the reader what he recognizes or not; But that no one may freely trust too much and be presumptuous himself, but in doubtful matters would rather learn than teach, even where it may be deemed necessary, home to the judgment of the church, as the holy apostle teaches, in the first of Corinth, on the fourteenth, of the prophets, two or three interpreters may speak, but the others are to judge, for the spirits are to be judged and tested by the church, and not to be allowed to each one to interpret the scriptures, in which there are many grave errors, according to his own sense and understanding, in the other Peter on the last.

There is a constant agreement in the general church, and one should distinguish very well between the unanimous opinion of the right common conciliarities, which are accepted by all churches, and between the authority of the special and particular churches and conciliarities; for the common equal understanding, and the wonderful agreement in a doctrine and attitude of the common church, that is suitable and due, that one should completely give way to the same common understanding and attitude, and remain with the interpretation of the Scriptures, so such common understanding of the church pretends.

For this common understanding has certain testimony, namely, that the Holy Spirit, promised to the church, does not completely abandon it. Item: that such a common mind does not dispute against the divine Scriptures, for since the Holy Spirit is a Spirit of unity, and not of misunderstanding, also of all good, true interpretation of the Scriptures and wholesome order of some donors and founders: Both of these, that the common understanding of the church in itself, through so much time, and among so many peoples, exists unanimously, and that it also agrees with the holy Scriptures, and compares itself entirely and invents itself according to them, are quite glorious signs that such common understanding of the church has been inspired by the Holy Spirit alone, and thus has been preserved for and for. The holy life and miracles of the dear fathers and the blood of the martyrs have also confirmed this common understanding.

Now the particular churches also have the gift and authority to hold the Scriptures against one another, to search them out and also to interpret them, John 5, Acts 17. 17, but in such a way that their interpretation is compatible with the common understanding of the common people.

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Church, brought from the beginning, does not argue. Also, when the lesser churches are of unequal opinion, they shall refer the matter to the greater and greater churches, and, if necessary, to the judgment of the common church; which shall be done by assembling the councils and synods, some of which a bishop shall hold in his diocese, some of which are of whole countries, assembled by an archbishop, some of whole nations, some common councils assembled from all nations.

This much we wanted to say about the signs of the common church, which is the word and the doctrine.

X.

Of the Sacraments.

The other sign by which the common Catholic Church of Christ is to be recognized are the holy sacraments and their proper use. For it is well known that the holy sacraments were instituted and ordained for us by God primarily for two reasons.

The one, that they would be signs and slogans of the great assembly of God, which is the Church. For, as St. Augustine says, this is the manner and use of men, that they are not brought together and united in one religion and government, good or bad, except by the communion of some visible signs and sacraments. And for this reason, when the Lord wished to lay upon us a light burden and burden, he wished to bind together and keep together the community of the new people by sacraments, which would be quite few in number and quite easy to keep, but highly excellent in the interpretation and presentation of divine mysteries.

The other reason that the Lord instituted the holy sacraments for us is that they should be certain and powerful, true signs of His Fatherly will and grace. Therefore, the sacraments are not only such signs that they signify and indicate something hidden, but that they are also instruments of God's grace, by which God sanctifies us and makes us sure and certain of the grace given and received, awakens faith in us, and stimulates, admonishes and promotes love and holy Christian morals and life.

Therefore, the sacraments are properly described as visible signs of invisible graces, for they are such signs that, when they appear to our senses from outside, remind and instruct us to believe that God's power is the

The sacrament is a sacrament when the word comes as an external sign and element. The sacrament is a sacrament when the word comes as an external sign and element.

XI.

On the Sacrament of Ordination of Church Servants.

When God wanted to spread His holy gospel through the ministry of the Word, and the assurance of salvation through the gospel among all nations, He also ordained a special ministry for this purpose, and appointed His own ministry. Regulation and appointment. First, lest, in this matter, any man should presume to do as he pleases, without right choice, inquiry, and decree, the doctrine should become uncertain, and we, as children, should be driven about and led into error by all the winds of false doctrine, by the speed and wickedness of men.

Secondly, that we may be sure that this ministry of the Word and the Sacraments is not to be valued and kept according to the person of the minister, but according to God's appointment and command. As the Lord wants us to look to Him and His power and will in this ministry. Therefore he said to his apostles, when he now fully ordained them to this service, "As my Father hath sent me, even so send I you." And preaching beforehand in the first sending, "He that heareth you heareth me; he that despiseth you despiseth me."

Thirdly, that we may also know that ministers are not to be deprived of the office by private persons, solely on account of their evil life, as long as they act and distribute the doctrine of Christ and sacraments rightly, and are tolerated by the church in general, but that in such a case the office is to be honored, and those who are duly called and ordained are to be regarded as powerful ministers, and are to be obedient to them, according to the word of the Lord: "On the throne of Moses sit the scribes and Pharisees; what they say to you, that you shall do" 2c.

The Donatists did not want to recognize this sacrament and the power of the holy order and institution of the church service, and therefore, because of the lack of life of the servants, they also rejected the service of such servants and separated themselves from the church.

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Augustine has refuted and disputed quite violently in many books.

The word of this sacrament of holy order, by which the Lord assures us of the power and authority of the ministers, and by virtue of the ministry, and makes us secure, is that he says: "As my Father has sent me, so I send you. Receive ye the Holy Ghost, and to whom ye remit sins, they are remitted. "2c. Item: "Go ye into all the world, and preach the gospel to every creature." Item: "Go ye, and teach all nations, baptizing them" 2c.

The outward sign of this sacrament, however, is to speak in common that the bishop lays his hands on the person, by which it is indicated that the elect to the work of such ministry received authority and command to preach the Word of God, to bless the Lord's Supper, to distribute the sacraments, and to ordain everything in the church for correction, also to chastise the disobedient who fall into public vice.

Therefore, this sacrament contains the two powers and commands. The power and command to administer the word and the sacraments, and to make proper order in the churches, which some are called potestatem ordinis, and the power and command to exercise church discipline and banishment, that is, to punish and chastise those who live corruptly, to banish the recalcitrant, and to restore to grace and absolve those who convert, which some are called potestatem jurisdictionis.

But in the Church there are various orders, some of which are called majores, and some minores; namely, these are: Priests, Diaconi, Subdiaconi, Acoluthi, Lectores, Exorcistä, Ostiarii. All of these are requested to be restored to their proper custom and offices, according to the rule and manner as the ancient churches held them.

Now a distinction is to be made between the sacraments which are administered by the open common ministry of the church, and those which are presented to the faithful by divine grace and gifts from God's gift and effect, so that some are recognized, held and used as the most glorious and noble and also most necessary sacraments, namely baptism, ordination, the sacrament of the body and blood of Christ, and absolution, without which no church can be; But the others, although they are used as sacred signs and reminders of human weakness, are not as necessary as the first, but are useful and salutary when they are used properly.

XII.

From baptism.

The sacrament of Holy Baptism has the command and promise of the Lord in these words: "Go and teach all nations, baptizing them in the name of God the Father, and of the Son, and of the Holy Spirit", Matth. on the twenty-eighth. And 7 "He that believeth and is baptized shall be saved," Marc. on the last.

The outward sign in this sacrament is water, as the Lord says: "Whoever is not born again of water and the Holy Spirit cannot enter the kingdom of God." Jn. on the third. For baptism is a water bath in the word of life, Eph. on the fifth. By this not the filthiness of the flesh is put away, but the covenant of a good conscience with God is established, through the resurrection of Jesus Christ, who is at the right hand of God, having swallowed up death, that we might be heirs of eternal life, in the first epistle of Peter on the third.

The power of baptism is in those who use it rightly and without hypocrisy, that they may be cleansed from all sins by divine power, and through the Spirit of regeneration become children of divine grace from children of wrath, Tit. 3, to die with Christ, to be buried, and to rise again in a new life, so that, just as we were buried with him and became partakers of his death, so also we become partakers of his resurrection, and begin a new life in us, not by our own, but by the power of God, by which he, our Lord, raised us from the dead, and which was communicated to us through his Spirit. And so baptism brings with it righteousness, and assures us of the same, as St. Paul testifies in Galatians 3, when he says, "All who have been baptized into Christ have put on Jesus Christ."

This power and work of baptism is to be considered and practiced by the faithful throughout their lives, so that they may increasingly die to this mortal impurity, completely renounce the world and the devil, so that they may fully attain the life of God, and earnestly pursue and cling to the same new divine life, until this mortal body puts on immortality, and the flesh, buried by weakness, rises in glory, in the first epistle to the Corinthians on the fifteenth. For baptism is a pledge and image of the resurrection, not only of the spiritual, but also of the flesh, as St. Ambrose says about Romans on the sixth.

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It is also to be taught that the church received from the apostles the command to baptize the young children, and that not only those who have come to their sensible years, but also the young children need the grace of baptism for salvation; for they bring original sin with them from their conception and birth, which original sin must be taken away from them by baptism with the Word, water and Spirit, as Christ says: "Unless a man be born again of water and the Spirit, he cannot enter the kingdom of God. "2c. And it is obvious that the promise of the Gospel also belongs to the young children. Now it is impossible that the same promise belongs to those who are not incorporated into the church through baptism. Therefore we condemn the Anabaptists who reject the baptism of young children and teach that children can be saved without baptism.

XIII.

From Confirmation.

After baptism follows the sacrament of confirmation, which, although it is not necessary for salvation, is based on Christ's promise that God will give His good spirit to those who ask Him for it.

The outward sign of this sacrament is the laying on of hands, by which in the times of the apostles the Holy Spirit also came upon the faithful. Afterwards, when the church was enlarged, since the gift of tongues was no longer necessary to confirm faith, the laying on of hands remained, and then, by institution of the church, the sign of Chrismation, or anointing, was added to signify the invisible and inward anointing of the Holy Spirit to those who confessed their faith after baptism, as the Fathers write.

But the power and work of this sacrament is that those who are confirmed and confirmed by this sign in the confidence of Christ's word and grace understand and believe that they have received the Holy Spirit, by whom alone they may continue and persevere in the way of the Lord, even resisting the temptations of the flesh, the world, and the devil.

And since now everyone is baptized in childhood, since one cannot confess the faith of Christ by oneself, it would be very good that the children, when they have been well instructed and catechized in the religion of Christ, should be brought to receive the sacrament of Confirmation, so that they may confess their faith with their own confession, and that they may receive the sacrament of Confirmation.

The church is to be promised obedience, as it is ordered to be held in a concilio at Orleans, Canon 3, which is also allegorized dist. 5. cap. 6. jejimi is allegorized. However, churches that do not keep it this way should not be condemned until a general council decides on it.

XIV.

Of the Sacrament of the Body and Blood of Christ.

The sacrament of the body and blood of Christ has the word, which is the almighty speech of our Lord Christ, by whose power in this sacrament, after the consecration, the true body and blood of the Lord are truly and essentially present, so that bread and wine lose their natural nature and are changed into the body and blood of Christ, and are distributed to the believer under the form of bread and wine, according to these words of the Lord: "Take and eat, this is my body which is given for you." And again, "Drink ye all of it; this is my blood of the new testament, which is poured out for many for the remission of sins."

The outward signs in this sacrament are bread and wine, which, when the word is added, become the sacrament. For this sacrament, like the others, consists of two things: the visible form of bread and wine, and invisible gifts, the flesh and blood of our Lord Jesus Christ, which we truly and essentially receive in this sacrament.

The power and the work of this sacrament is that we become more and more united to Christ, our Lord and Savior, not only spiritually but also bodily through his life-giving flesh, and become bone of his bone and flesh of his flesh, certain that we have forgiveness of sins through Christ, and receive power in the sacrament to curb the evil desire that still lingers in our limbs. This sacrament is therefore a very sweet pledge of the forgiveness of sin, eternal life and fellowship with God, which is promised and offered to us in Christ.

XV.

Of the Sacrament of Penance and Absolution.

The word of this sacrament is that we have Matt. 18: "Whatsoever ye shall bind on earth shall be bound in heaven: and whatsoever ye shall loose on earth shall be loosed in heaven." And Joh. 20: "JEsus blew on the apostles, and said to them: Receive ye the Holy Ghost, and ye shall forgive them their sins, which are

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they forgive, and to whom ye retain sins, they are retained." Which words are full of all sweetness and comfort to all afflicted and stricken consciences, which they also, after they have fallen into sins after baptism, miraculously restore, to whom the heretics Novatiani unchristianly, and with great blasphemy of the mercy of God, refused to share forgiveness of sins in the church.

The outward sign of this sacrament is the custom and ceremony by which absolution is communicated and received through the word of Christ.

XVI.

From confession.

And because the priests in this sacrament are spiritual physicians of the consciences, and are to untie them from the snares and infirmities of sins, and to comfort and raise up those who are afflicted by the severity of divine wrath: for this reason people are to confess the sins, at least the mortal sins, of which man is aware, and which mislead and frighten the conscience. It is also right and holy that each person present himself at least once a year to the pastoral care of his shepherd, so that the pastors of each confessor may examine his faith and life, and according to their spiritual prudence and prudent judgment, with instruction from God's word, give healing medicine to the afflictions of the confessors, on which the parable of the wounded Samaritan is seen, Luc. 10.

The power of this sacrament is that the faithful understand and do not doubt, when through this sacrament they have been absolved from their sins, which they have confessed and confessed rightly, and have been reconciled to the church, that they are truly free from the bonds of sin, and that Christ the Lord in heaven wants to absolve all those whom his servants absolve here on earth for his sake and in his name.

But since the power of the keys extends further than the forgiveness of sins, namely also to banish the impenitent, we will say more of the same hereafter.

XVII.

From Satisfaction.

Satisfaction is to be taught that the satisfaction and payment, by which forgiveness of sins is obtained and eternal punishment is taken away, is to be attributed to Christ alone. But concerning the ecclesiastical satisfaction called canonicam, which may also be a chastisement

If it is ordered to be administered by pastors and to whom the sacraments are administered, and if it is kept in faith, it is to be taught that it takes away the causes of past sins and cures what is left of the sins, and that it either takes away or alleviates the temporal punishment, and that it is useful and right to use as an example for others.

But what punishments God reserves for sin, this no one can fully judge except Christ Jesus, to whom the Father has given all judgment; and for this reason one should actually let God alone be commanded to discuss and judge how great punishment belongs for any sin.

XVIII.

Of the Sacrament of Marriage.

The sacrament of marriage belongs only to Christians who recognize and know that marriage, when made and ordained in God's and Christ's name, is a holy and eternal permanent union of a man and a woman, confirmed by the blessing and sanctification of Christ, which is not found in the marriage of unbelievers. For Christ, the Lord, who put up with the divorce of the Jews, which Moses allowed them for the hardness of their hearts, has restored and restored marriage to its first institution and integrity, Matt. 19. So also the Lord willed that marriage should be a holy sign and image of the most inward and blessed union and marriage of His and His Church, Eph. 5.

The word of this sacrament is the speech of Christ, when he says: "He who in the beginning made man, made that male and female should be one, saying, For this cause shall a man leave father and mother, and shall cleave to his wife: and the two shall be one flesh. So now they are not two, but one flesh. What therefore God hath joined together, let not man put asunder." And soon after: "Moses permitted you to separate from your wives because of your hardness of heart; but from the beginning it was not so. But I say unto you: Whoever divorces his wife (except for the sake of fornication) and takes another, commits adultery." Of this the holy apostle says The apostle 1 Cor. 7 continues: "To those who are in marriage, I do not command, but the Lord, that the wife should not separate from the husband; but if she separate, that she should remain without marriage, or be reconciled to the husband.

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The outward work and element in this sacrament is the outward joining of man and woman, which takes place in the church in the name of God and Christ, therefore it is called Sanct Paul, to marry in the Lord and to become conjugal.

The power and work of this sacrament is that those who are thus joined together in the name of the Lord and receive confirmation of their marriage, recognize and know that they are not married and united by human, but by God's power and hand, and have received the grace of God; that their conjugal union is not counted as sin to them, but is sanctified; by which grace the believing spouse also sanctifies the unbelieving spouse to him, if the latter wishes to remain with him, so that he may dwell holy with the latter and receive holy children from him, who are to be devoted to God. By which grace also one spouse shall be faithful and loving to the other forever, and they two shall be one flesh, as Christ and the church are one flesh, Tob. 3 and 6, Heb. 13, 1 Corinth. 7, Ephes. 5.

The Manichaeans and Tatians, who are also called Encratites, did not recognize such power and grace of this sacrament, and therefore rejected holy matrimony as impure out of devilish doctrine, and forbade theirs. For this reason, the holy apostle also condemned them, 1 Timothy 4. 4 But what is to be discussed further, how to deal with divorces and courts in matrimonial matters, is to be postponed for reformation.

XIX.

From the Last Unction.

The anointing of the sick is taken from the words of Jacob, for this apostle, no doubt not in his own name, but as a servant of Jesus Christ, has left us such a command: "If anyone among you falls ill (he says), let him call to him the elders of the congregation, and let them pray over him, and anoint him with oil in the name of the Lord, and the prayer of faith will help the sick person, and the Lord will raise him up, and if he has committed sins, they will be forgiven him", Jacob. 5 Now in this is the word of this sacrament to believe.

The oil is the external materia and sign to indicate to the sick person that if he is weakened by bodily illness, he should recover in the one Christ who is anointed with the joyful oil for his fellows, and remember that he is like a warrior who is fighting the final battle at

He is to be anointed in the name of Christ, so that he will not be weakened by sickness or the devil, but strengthened in faith, will immediately trample underfoot the flesh, the world and the devil, and that in Christ, to whom he is anointed.

The power and work of this sacrament is that the sick person, strengthened by faith in Christ and prayer of the church, comforts himself, and does not doubt that the Lord will graciously look upon him as a living member of his church and hear him, and thus, like a stiff, honest warrior of Christ, grasps an unconquerable hope, He takes hold of and expects with certain confidence that he will soon die or rise again, eternal salvation, assured and comforted by God's untrustworthy promise, as a certain anchor that will never falter or fail.

XX.

Of the bond of love, which is the third emblem and motto of the Church.

The third sign and password by which the church is recognized is the bond of love and peace, Ephesians 4. 4, which among other gifts of the Holy Spirit is the most excellent, 1 Corinthians 13, and that this bond might exist in the Church, God called us from the beginning through baptism to the unity of His spiritual body, and imbued us with One Spirit from heaven, so that through one another we might be members and One Body of Christ, in the first epistle to the Corinthians 12.

XXI.

Of the order of the church regime, also power to order and maintain the police in the same.

The Lord has joined together this spiritual body of his from many members and arranged it in such a way that one member always needs the other, and each can benefit the other, so that there is no division in the body, but each takes care of the other and together for the whole body, To maintain and improve it, so that the noble and strong do not despise the weak and poor, but where one member suffers, the others all suffer with it, and where one is honored, they all rejoice with it.

And therefore grace is given to every member according to the measure of Christ's gift, Eph. 4, for though there be One Spirit, yet there are diversities of graces and gifts. And although

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Although there is one Lord, there are many ministries. And though there is One God who works all things in all, yet there are many works. 1 Cor. 12.

And for this cause he himself hath given unto his church some to be apostles, some prophets, some evangelists, some pastors, and some teachers, that the saints should be joined together in the work of the ministry, to edify the body of Christ, until we all meet together, and come unto the same faith, and knowledge of the Son of God, unto a perfect man, unto the measure of the perfect age of Christ; that we should no more be children, being carried about with all manner of wind of doctrine, through the craftiness of men and deceitfulness, that they might deceive us, but be righteous in love, growing in all things in him who is the head, Christ, of whom the whole body is joined together, and one member is joined to another by every joint, -thereby lending a hand one to another, according to the work of each member in his measure, and making the body to grow for his own correction, and all this in love, Ephes. 4.

And therefore, as St. Cyprian teaches, for the unity of the church, but especially the bishops, who are set over the church in the apostle's place, and save them from all separation and division; so that we also prove that the episcopal office is only one and undivided, for there is only one episcopal office in the church, which each bishop has in his part completely; It alone is One Church, which is ever fruitful, and spreads and multiplies, as the sun hath much brightness, and is yet One Light, and a tree many branches, and is yet One Trunk, which from its root stiffly endureth.

Therefore, even though the Lord Christ gave equal authority to all the apostles after his resurrection (as Cyprian says), he ordered a unity by his command. For thus Cyprian says: "The other apostles were even as Peter was, and had the same fellowship of honor and authority, nor did the beginning come from unity, that it might be proved and signified that the church was one. These are the words of Cypriani.

Therefore, the Holy Scripture describes Peter as the foremost, the mouth and the most distinguished among the apostles, to whom Christ not only communicated his authority, but also his name; although not to him alone, yet to him primarily with others, so that the unity of the church and of the episcopal office, as the Lord decreed and appointed, might be displayed in Peter, to whom the Lord also gave the most distinguished care of his ministry.

He also commanded to strengthen the brethren for the edification and strength of the church, Luc. 22; which care and business St. Peter also took upon himself and directed right at the beginning, as we read in the Acts of the Apostles from the beginning; and on the 9th verse we have that he went through all the churches and visited them; yet he did not abuse this care in any way to destroy that which others had built, but that the same was done. we have that he went through all the churches and visited them; but he did not abuse this care in any way to destroy that which others had built, but to confirm the same. For he well perceived that the gospel which the others preached agreed in all things with the gospel of his apostolate, yea, that it was one gospel which they all preached.

This also caused St. Paul to go to Jerusalem and talk with Peter, John and Jacob about the gospel he preached, Gal. 2. Not that the gospel he preached and received from God alone needed their judgment, but that they recognized that Paul was given the very grace to preach the gospel that they had, and so gave him their hand as a sign of unity in the ministry of the gospel, so that through their unity the church would be strengthened in faith and the bond of love, as Tertullian also testifies, along with others.

And because the Lord wills that this order of service and leadership in the church shall remain until the end of the world, it has happened, no doubt by divine providence and order, that instead of the apostles the bishops have been appointed, each in his own church, to prevent separation and division, as Jerome says, lest each one should draw a multitude to himself, and so divide the church. For this reason, among the bishops of each province, a metropolitan and archbishop were appointed, and among the metropolitans, several patriarchs and primates, of which the first three were the most distinguished, the Roman, Antiochian, and Alexandrian, among which the Roman, as the See of St. Peter, was elected by ordinary decree. However, not that he surpassed the others in dignity of the priesthood, but rather that he had to provide further than the others, and over others would be in the church court to maintain unity of the churches.

Now if this order is properly preserved, and the episcopal succession remains by ordinary election, this bond of love (which surpasses all gifts) will not be broken, as Irenaeus says in the 3rd and 4th book "Against the Heretics".

Furthermore, so that this bond of love, which is

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(as St. Augustine writes) is the gift of the common church, the better to exist, Christ has given authority to his servants and churches to establish and prescribe the police and stewardship of the churches, which consists in two things, godly ceremonies and church discipline.

As far as ceremonies are concerned, the prelates have the command and authority not only to establish ceremonies that they consider to awaken and maintain godliness, and that all things in the church be done properly and beautifully, but also that the outward customs and ceremonies, which are expressly given to us in divine Scripture, be directed according to the rule of faith and love, which are expressly given to us in divine Scripture, according to the rule of faith and charity, to be judged, dispensed, tempered, and ordained, as they may be known to be expedient and sufficient for the salvation of the faithful, according to the season and place, whereunto the word of the Gospel saith: "The Son of Man is Lord even of the Sabbath," Luc. 6.

So also the prelates in the church have the command to establish church discipline, which discipline is due to the key of the church court, and without this discipline Christian morals cannot be maintained, therefore obedience is also commanded to the subjects, Hebr. 13 and 1 Cor. 5 and 12.

But both, the ceremonies and church discipline, are not to be established and practiced in the church in such a way, nor for such a reason, that anyone would place the trust of salvation in them, which trust is to consist solely in the grace and merit of our Lord Jesus Christ; for such would serve the Lord in vain with the ordinances of men, contrary to the command of the Lord, Matth. 15 and Is. 1, but only in such a way and for such a purpose that they are incentives and bonds of a holy life, and that everything in the church is holy, proper, honest and orderly, 1 Cor. 14.

Nor shall such ordinances be contrary to the purity and simplicity of the gospel, nor shall they cast a snare upon the conscience or interfere with Christian liberty, 1 Cor. 7:

Christian liberty, however, consists primarily in this, that we, redeemed from the constraint of the law by the grace of Christ Jesus and the gift of the Holy Spirit, do willingly ourselves what the law requires of us to live rightly and properly, and know that our righteousness, which is to be spiritual, does not depend on outward ordinances and attitudes, but that such ordinances are instituted to preserve and strengthen the faith of the weak and love, and where the matter demands it, they may be broken without sin. to preserve and strengthen the faith of the weak and charity, and where the cause requires it, they may be broken without sin; but so that there be no vexation or contempt in it, for

Then this saying shall apply more: "I delight in mercy, and not in sacrifice", Matth. 12. This is generally spoken of the church sign and power.

XXII.

Several doctrines, which are explained and confirmed by the church attitude.

In addition, we must also mention several things in particular, which are confirmed and established from this power of the church to recognize and interpret the holy Scriptures, and also to order the police and housekeeping in the church.

And from such power of the Church as she has to interpret the Scriptures, and to judge the understanding and sense of the Scriptures, these following pieces have been adopted: The articles of faith called Symbolum Apostolorum, the doctrine of the one essence of the Holy Trinity and equality of the three persons; of two natures and one person in Christ; of two wills in Christ; of original sin; of infant baptism and the like.

1. from the deceased saints.

From this power and faith it is also assumed that the saints, who have gone before us to the life of the world to come, are to be praised as noble members of the church (whom the heavenly Father recognizes and honors for His children, John 12, the Son holds as brothers and fellow heirs, Rom. 8, the Holy Spirit is called his temples, 2 Cor. 6) and to keep their memories glorious, to awaken and excite our minds by following the dear saints and to be pledged to their merit, as St. Augustine writes about it contra Faustum Manichaeum, libr. XX, cap. XXI, and Heb. 13 r "Look to their end, and follow their faith." For the Church recognizes (and not without Scripture) that the dear departed saints have a noticeable longing and desire for our salvation, as they are members of one body with us, and did not receive the divine promise perfectly without us, Heb. 11, and that for this reason they also ask God for us, and in this God also hears them, and does us good for their sake, Ex. 32. 3.

And as there is no doubt that the saints also have their merits, which are God's gifts, so it is assumed from the common, united mind of the Church that one should call upon God in such a godly way that He will give us through the merit and prayer of His saints that we may be helped by His protection;

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But not by the merit of the saints, as of themselves, but through our Lord Christ Jesus, by whose grace they also, the saints, were saved, and from whom they themselves also confess to have received all merit.

Neither should those be condemned who, out of God-fearing devotion and inward contemplation of the unity and communion which the dear saints have with us, are moved and kindled to some fervor and address the saints themselves; but that this should not happen in the prayers which are done over the altar, in which prayers the speech is to be addressed only to the Father through Christ, as the Concilium Carthaginense III decrees.

And although the departed saints are addressed, all trust is to be placed solely in Christ Jesus, the only Giver of all good things, and nothing that is proper to God is to be given to the saints, but that they alone are called upon as fellow servants, who have now attained that they are fellow members of the blessed in heaven, and not otherwise than the holy men of God, who still live with us in this flesh on earth, that they may help us ask God.

And since people of true godliness easily fall into superstition, they should be diligently and steadily taught how to place all their trust in God alone, through Christ our mediator, how to make sacrifices to God alone, how to call upon no one as the giver of our salvation but God alone, and how to hold the departed saints in no other regard than as those who faithfully ask God for our salvation, as they are eager for it; Nor should we honor them because of their power and ability, but only for the sake of Christ, to whom we give thanks because of their victory, and so follow them.

St. Augustine writes beautifully about this, libr. III. contra epistolam Pelag. ad Bonifa- cium cap. VIII. VIII: We do not erect temples to the martyrs, nor priesthood, sacred ceremonies, or sacrifices, for not they, but God is our God. We honor their memory, as holy men of God, who fought to the death of their bodies for the truth, so that the true religion would be recognized, and the false and fabricated religions would be overcome and driven away. But who has ever heard of believers that a priest stands at the altar, which is already built for the honor and service of God even over the corpse of a martyr, and says in the prayer of the church: I offer you, O Peter, this sacrifice; or: O Paule, O Cypriane? but only God is sacrificed in memory of the martyrs, who has offered them both to God.

and martyrs, and presented them to His holy angels in heavenly glory, so that through such a feast and glorious memorial we may give thanks to the one true God for their, the martyrs', victory, and exhort ourselves from their memory to strive for and attain such a victory and crown through God's help, whom we (as the martyrs did) invoke for this purpose. Therefore, what services the devout people perform at the sites of the martyrs, they do to adorn the memory of the martyrs, and are not sacred ceremonies or sacrifices to the dead, as gods.

The true bones of the holy martyrs have always been considered in the Church as well, that these bones, and what remains of their holy bodies, have been kept honestly and in a somewhat spiritual and devout preservation. First of all, that such bodies and bones of the saints, as a pledge and sign of victory of their faith, remind us of the faith and love that were in them, the saints, in that we remember that these are the bones of which the Holy Body was composed, which was a house of indwelling grace, and in which the members existed, which were temples of the Holy Spirit. From which our faith in God is undoubtedly awakened, that as they, the dear saints, by faith overcame the kingdoms and wrought righteousness, so also we, who have the same spirit, are subject to overcome all adversity, strengthened by their example, through Christ. Because God (as it was found) worked great miraculous signs at the memorials of the martyrs, there is no doubt that he thereby awakened the faith of his own and encouraged them to follow the dear saints in godliness. St. Augustine, reporting how the Church rejoiced when a miraculous sign occurred at the memorial of St. Stephen, wrote: "What was in the hearts of the rejoicing but the faith of Christ alone, for which the blood of St. Stephen was shed?

On the other hand, the ancients considered it useful to keep the bones of the saints honest, so that this reminds us of the resurrection, and directs our hope to await the future glory of our bodies; for in doing so, we consider that the saints' bodies will be changed to immortality and raised to life again, and that our God is also the God of Abraham, Isaac and Jacob, a God not of the dead but of the living.

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As superstition easily creeps into this, which has been well proven by such grave abuses, the people should be diligently taught not to trust in the bones of the saints, nor to worship them, but to revere only the faith and life of the saints, and from contemplation of the life and teachings of the dear saints to ignite something for discipleship and to strengthen the hope of the resurrection.

In addition, it is to be prevented very diligently that one does not keep any but true bones and true graves of the saints, nor present or carry them around for any temporal gain, as this is commanded in many Conciliis.

2. from pictures.

The common sense of the church also holds that the use of images should not be condemned. In this way, however, we are to be prevented from using images in any other way than as images, which happens when we use images only to awaken the memory of things that have happened and the memory of history. As if the image of our Savior is not presented or painted in order to be worshipped like God, or that some honor and service of Christ be done to it, but that it be presented only to remind us of the man Christ and of what he suffered for us, so that we may be heated in his love and desire to see him.

For this reason, the first thing to be understood and prevented is that no pictures are brought into the churches, but only true stories and histories.

Secondly, that one does not make the images according to worldly lavishness. Thirdly, not to attribute any power to the images and not to place any trust in them. For the images alone can be kept without danger if no power is attributed to them everywhere, no trust is placed in them, no merit is sought in them, but they alone are kept for the sake of remembrance, and to bring to memory the things that have happened through God's power for our salvation and improvement, and as much as these divine deeds are a sign of honor, so that only that is venerated which is indicated by the image, and not the image itself.

3. from the Mass.

Furthermore, the common church also recognizes and holds that the mass, in which the true body and true blood of Christ are consecrated and poured out, is a holy sacrifice, but an unbloody 1) and spiritual sacrifice.

1. "bloodless" put by us instead of: "bloody".

In this way, four things are spiritually offered to God the Lord (if it is held otherwise in a godly manner and with proper devotion).

First of all, Christ the Lord, who offered Himself once to the Father in His mortal body a bloody sacrifice, and also a sufficient and acceptable sacrifice for the sin of the world, is offered unbloody to the Father in the Mass, which is the most sacred act of all sacred ceremonies, and a common public service in the Church, in the name of the whole Church, through remembrance and presentation.

This happens when the church presents Christ and his true body and true blood to God the Father in her prayer for her sin and the sin of the whole world. For although this sacrifice, as it was offered on the cross, was offered once, and therefore cannot be offered again, nevertheless, as this sacrifice is offered, it exists and remains in its power and effect, so that it is no less today in the presence of the Father for all those who offer it to God the Father with true faith and belief, who present it to God the Father with true faith and devotion, for the forgiveness of their sins and to confirm the new and eternal testament of divine filiation, than to the day when the Lord gave up his spirit to the Father on the cross, and when blood and water flowed from his side.

In which opinion the dear fathers called the body and blood of the Lord, present on the altar, now the payment for our and the whole world's sin, now the payment for our redemption, then the holy sacrifice. And Chrysostom testifies that we offer the very sacrifice that was once offered in the Most Holy One, and that there is everywhere One Sacrifice and One Christ, here and there, whole and undivided; but that the sacrificial act that we practice in the Mass is an antitype, in memory of that which was once offered on the Cross and paid for our sin. Which follows from this cause: for God gave His Son, Christ Jesus, our Lord, to us, so that we, despairing of our own strength, and well aware and confessing our sins, might present Him, our Lord and Savior, to the Father as the only sacrifice sufficient for our sins, as He was born and given to us, so that all of us who believe in Him may not perish, but have peace with God, and be reconciled to Him through the blood of Christ.

On the other hand, the church in this sacrificial

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The act also gives itself to God the Father through Christ the Lord, whose spiritual body it is. For when it recognizes and considers from the sacrifice of Christ, once made on the cross, that we are all, for our part, corrupt and damned, unless we are reconciled to God through the one sacrifice of Christ, sacrificed on the cross, the Church surrenders and offers itself entirely to God the Father through Christ; and just as Christ carried us all on the cross, and took upon himself and carried the sin of the whole Church, and thus the Church in himself offered up God the Father: so, on the other hand, she also presents, surrenders, and sacrifices herself to the one God and Father, when she considers and repeats such a blessed and eternal sacrifice, Christ, in right devotion.

Accordingly, the church extends its branches into the past, present and future, and has its members not only who still live this life in faith, but also who have departed with the seal of faith: For this reason, when it keeps this most holy and glorious sacrifice by its common service in united faith, considering that Christ our Lord died once for this reason, that he might reign over the living and the dead, it does not divide itself, but gathers itself together in all its members, and there remembers not only the present, but also both the saints, whom it knows to be now living with the Lord, and all brothers and sisters who are in the Lord, and yet not at all purified apart from Him; and thus proves in this sacrificial act the unity of the body of Christ, and that its members on earth belong to its company, who now live with God, also that it bears all godly care for the other members in Christ, and considers them in right Christian love.

Therefore, the holy fathers testify that in this sacrifice the Church not only keeps the memory of the holy martyrs with godly devotion, so as to awaken us to follow them, and also to promote that we be made a part of their merit, but that she also prays for the faithful in general, which prayer is also acceptable to the same souls, namely, those who have attained in this life by the merit of faith, that such prayer is acceptable to them.

Thirdly, the sacrifice of praise is also offered in the Mass, which is the end of this institution. This is the sacrifice of faith, hope and love, and especially of thanksgiving, which we offer for the supreme benefit of Christ's sacrifice on the cross and his blessed communion, to ourselves and to the whole Church,

sacrifice. Therefore, this holy and reverend mystery is called Eucharistia, that is, thanksgiving, so that in this work we may keep in remembrance and memory the supreme good deed of God in Christ, and so gloriously display and present the great work of divine love, which has given us His Son and with Him all things, and so that we may always give thanks to God and be awakened and inflamed to the highest, To which thanksgiving is also added the communion and use of the holy sacraments, confession of doctrine, prayer, supplication, intercession for all people, and the heartfelt and godly desires and vows, all of which are truly spiritual sacrifices pleasing to God, which are also more powerful and more valid and capable in this holy sacrament; For (as is read in the Sermon on the Lord's Supper, attributed to St. Cyprian), in the presence of the truly holy body of Christ, the tears are not shed in vain, and the sacrifice of a shattered heart is not always reduced, since the holy priest stretches out his arms and with such a gesture represents the cross to us, and prays for his and the people's misdeed with great confidence. These are words of Cypriani.

Fourthly, the church of old also offered several gifts, bread and wine, of which one part was sanctified as the body and blood of the Lord, and one part was given as alms. It is also appropriate that the faithful people, in this sacrifice, not only surrender and offer themselves up to God with words, but that they also testify and prove with the sign of external gifts that they sanctify and offer themselves completely to God. This custom has now disappeared, but was diligently kept by the ancients, that every Sunday everyone, woman and man, brought bread, wine and other things to the altar and sacrificed them, as the "Decret" attributed to Fabiano testify.

And if the common Canon of the Mass (which the ancients call the great and long prayer that is said over the bread and the chalice, divided into three parts) were to be understood according to the opinion now expressed, it would have nothing in it that would be detrimental; Only that all superstition and false opinion be hindered, from which many people, who are not rightly informed of the nature and effect of this most holy sacrifice, think that the power and effect of this sacrifice is drawn to them and applied to them by the outward work alone, which the priest performs there, even though they may not have a living faith, and may be without

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The first is to live in godliness, and also not to make oneself a part of the sacrifice of prayer and supplication to God in any way. How then one finds those who have not repented of their whole frightful, godless life, but persist in the intention of sins, and yet 1) join in this most holy and divine act, to their grave condemnation, because they persuade themselves that the Mass should be of use to them solely by virtue of the external work that the priest does, even though they are and live without all fear of God; This false, ungodly, and utterly pernicious opinion should be seriously condemned, and even such people, where their vices are manifest, should be kept from the holy masses; but where they are not manifest, they should be faithfully taught and admonished to keep themselves from the holy mystery until they convert and repent.

4. the use and administration of the holy sacraments and several other things.

Ceremonies in particular.

On the one hand, it is said that the mass should not be said unless there are those who receive the sacrament of the body and blood of Christ with the priest, since the Lord instituted the holy sacrament for this reason, that we many, who are one bread and one body, should all receive and eat of one bread and one cup; which was also the custom and attitude of the ancient church.

On the other hand, it is important to keep the masses holy, if there are only those who keep spiritual communion with the priest and give their will to the holy action. Although it is also their opinion that the people should be faithfully taught and diligently admonished that they receive the holy sacraments often, and as we sin daily, so we also desire to take the medicine daily. They see to it that their opinion does not conflict with the custom of the ancients; they also say and think that nothing should interfere with the institution of Christ. For the priest who practices this common office and common service of the masses in the church has then united himself by faith with all those who receive this sacrament throughout the world.

These also provide where this custom of having the masses only with those who communicate spiritually should be accepted by the Church, that should happen after the people are allowed to receive the holy sacraments at this time, that this sacrifice of the praise that Christ wants in his-

1. "nevertheless" put by us instead of: "accordingly".

The church's church is a place where the things that have to be and be kept steadily, are rarely kept, and in time they are not kept at all.

In this case, since both parts are of the same opinion, one would perhaps admit that each part would keep to its opinion, so that one would not condemn those who thought to keep this holy sacrifice even without communicants (but that those who communicated spiritually would still be present), nor force the others to keep the mass otherwise than in communion.

Furthermore, one part wants the Holy Sacrament to be given to the people in both forms, because this is in accordance with the command and institution of Christ and the custom of the ancient Church.

The other part, however, thinks that because in the sacraments it is most important to see that we have and eat more that which is given and presented by the signs than the signs in themselves; it is also known that under one form as much is given as under both: That it should not be condemned as an ungodly abuse, which the church has now for so many years considered to be right, and not contrary to the institution of Christ, in providing the laity with one form of the sacrament, of which they have also been content; and that primarily so that it would be considered that Christ has left the authority to his church, that it may moderate the external ceremonies of the sacraments in such a way as it may find sufficient and conducive to the salvation of the faithful, according to the occasion of each time and place.

However, because so many people in German lands are convinced that the command and institution of Christ requires that everyone receive this sacrament in its entirety, and that it is to be prevented in all ways that no one receives the holy sacrament with an evil conscience, it is considered very useful that the church, in order to counteract such and many other aversions and harm, made it free to receive the sacrament in one or both forms; but in such a way that no one is given cause to freely condemn the custom that the church has held for so long, or to judge and condemn one another for it. For this ceremony of receiving the sacrament in both forms is not necessary, at least on account of the sick, or others who have such an abhorrence of wine that they cannot tolerate it.

More is required on one part, that the holy sacraments be given and presented to the people in the language they understand, so that, if all that would be done there, it would be clear and

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The one who actually hears and understands may also speak his amen to everything; and these refer to St. Paul, who taught and decreed such things in 1 Cor. 14.

Others think that the Latin language should be kept in Latin churches, and that it should be enough to teach the people clearly and diligently in the sermons about everything that is said at mass, and also to exhort them to give their will to all such actions, and with godly eagerness to ask and implore God to incline his gracious ear to the common prayers and supplications in the church, and to hear them. But that what is read at Mass under the name of the Epistle and from the Gospel be read and explained to the people in the language they understand. And these have such a cause in their opinion: they fear that if this so great sacred mystery were so often brought and sung in common language before such a large and mixed people, such mysteries would be held in low esteem by the wicked and evil-drawn people, and would be freely repeated, so that one would do contrary to the commandment of the Lord: "You shall not throw the sanctuary to the dogs.

But in this matter, moderation will be found and arranged by learned and godly men, so that the dignity of the sacraments will not be diminished, and the holy people will not be deprived of their godly understanding of the things that are performed and administered in the sacraments, nor of their amen.

And therefore the old customs and practices of performing and administering the holy sacraments, which (as they have come down to us by oral tradition) have a special holy meaning or practice in them, men should be appointed who are both learned and godly, who would diligently examine such old customs and actions and request that, where something had crept in that did not serve godliness, it be done away with, and the old purity and wholeness be restored and brought into their custom.

5. church discipline.

That church discipline is of the utmost importance to the church is also evident to everyone, for it is the proper stay and preservation of faith, hope and love; a blessed guide of the divine path, a master, charmer and mother of all virtue, who makes one remain steadfast in Christ and in the unity of one's body, who zealously works in God and for the benefit and improvement of the

The apostle is a good man and a good man is a good man, and the apostle is a good man. It is a necessary and salutary thing to maintain this discipline, and pernicious to abandon it, as St. Cyprian teaches; and this is also what the apostle Timothy and Tito so diligently prescribe, that they may know how to keep themselves in the house of God, which is the church of the living God 2c.

Now, whether this church discipline could not be restored to the seriousness of the old canon already at this time, because everything is so completely disrupted and destroyed, one would have to make every effort to ensure that it would be re-established in the churches, as far as possible, and would then be continued and improved from day to day. This discipline is now of two kinds, one of the clergy and the church servants, the other of the people.

In order that this discipline of the clergy be established, it will be necessary above all that, in order to provide and govern the churches, also to perform other public services of the churches, only those are admitted and accepted who are proven and capable of doing so, which is to be kept with all church servants, regardless of their degree, high, middle or lowest. And for this reason, the canonicas Electiones must again be brought into use, so that the ecclesiastical ministers are elected in the measure and form as the holy canons and church rules demand and prescribe.

Item, the examination, interrogation and inquiry of those who are elected; also the laying on of hands and confirmation, and all this according to the apostolic rule, and according to the old Canonum.

At the same time, it must be ensured in all ways that church offices are not bought and sold, but that Christ's rule is observed: gratis accepistis, gratis date. And the harmful simonia should be completely eradicated from the church.

Item, that no one be ordained otherwise than to actual service in the Church, which he really performs, as is decreed in the Concilio Chalcedonensi.

Item, that each one shall faithfully and diligently perform his service and office, and also prevent him from interfering with the service and office of others; everything as the Canons prescribe. And, among other things, that the bishops in Germany, who, in addition to the care of the churches of the emperors, also have the regalia and secular government, let the care and care of the churches be the most important to them, and that they take care of it first and foremost, that the churches everywhere, if they are trusted, have their efficient servants, and that they do not lay their hands on anyone too soon,

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1 Tim. 5, but ordain men of good report, full of the Holy Spirit and wisdom, to the service and work of the church, and not to idleness. 6.

Furthermore, it is to be observed and kept in mind with serious diligence, just as it is most necessary that the life and conduct of the servants be in accordance with their position and service, and that they teach the people at the same time with doctrine and life, so that they do not destroy those whom they edify with doctrine with their evil example, but that every conduct and action be compared with its service.

And in this we are to obey the best master St. Paulo, who teaches his Timotheum and Titum quite diligently, as a bishop, whom he also calls a presbyter, that is, an elder, as also the diaconi must be; from which apostolic form and rule almost all the canons made of the life and conduct of church servants have flowed.

Accordingly, the ancient fathers saw that St. Paul was especially concerned that the servants of the church be free from all other concerns. Paul was especially concerned that the servants of the church be free and unconcerned about all other worries and business, so that they might only be concerned about what concerns God; and that those who have wives should not be without worries, even about the things that belong to the world, 1 Cor. 7, they were very much inclined to the effect that the servants of the church should abstain from marriage altogether, even though the church did not exercise equal severity in this first and later, but kept and ordered it unequally.

For the ancient church raised to the priesthood those who were the husband of one wife alone, and also ordained that they should not leave their wives for the sake of the office; as the eighth canon of the Apostles and the fourth of the Concilii Gangrensis allow. This was also the opinion of Paphnutii, which he put forward in the Niceno Concilio, by which it was also accepted. Only those were excluded from the priestly ministry who, after baptism, had two wives, or had a concubine, or had a widow in marriage, or one who had divorced her husband, or a common wife, or a bondwoman, or who had been engaged in singing and dancing in public games and spectacles, as the sixteenth Canon Apostolorum reports.

But those who come to the priesthood or diaconate without marriage are not allowed to marry, as the Canon Apost. 27, unless the deacons, when they were ordained to their ministry, had testified that they were married.

they wanted to take wives and did not know how to abstain, they were left in the service if they had already taken wives; for it was considered as if the bishop had permitted them to do so, because he had ordained them to the church service through their testimony, as ordered in the Ancyrano Concilio, Canon 10, but those who did not testify to this beforehand and took wives through their tacit promise, they were deprived; but only of the ministry of administering the word and sacraments and other priestly works, and let them remain in the communion of the laity, Conc. Ancyr. Cano. 10.

Those who have entered into marriage against their expressed promise and vow have been banished, but the bishop has had the power to show mercy to those who have confessed and to act more leniently with them than the 15th and 16th canons of Chalcedon. Concilii; nevertheless, such marriages were not separated, as St. Augustine testifies Cap. Nuptiarum 27, Quest. 1.

In addition, it was also strictly forbidden that no bishop or cleric have a wife living with him, but only his mother, wife, or sister, as the commandment is Canon. 3 Concilii Niceni. Where clerics were found to have mixed with women outside of marriage, they were excluded from the communion of the whole Church, and if they repented, they had to be among the laity, as prescribed in the Concilio Neocaesareensi.

After this, however, canons have been established which forbid the ordaining of those who are in marriage as priests or deacons, and who have previously taken wives and then come to the church service, they demand that such should divorce their wives and not cultivate conjugal communion with them; but who, because they find themselves in this church service, take wives, call their marriage and recognize them as unfit and unruly.

Because the canons in this matter are so unequally harmonized, where one wanted to keep the new canons for the time being, and put them before the older ones, it would be entirely necessary that the punishments, which the old canons had set against those who mingled with women outside of marriage, be brought back into use, so that the church would not be annoyed and disgraced with such obvious annoyance by the impure life of the servants.

After the life of the priests has been properly arranged, it must be ensured with equal diligence that the parish priests faithfully present the pure and unadulterated teachings of Christ to the people.

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and healthier form and manner of speech, so that they may direct all things to it, that, throwing out all fables and rash questions, they may do that alone with all faithfulness and diligence, whereby true faith and love may be promoted. As the apostle teaches that the end of the law is the love of a pure heart, a good conscience, and unfeigned faith:

Item, that they preach the word without disgrace to anyone, and also without quarreling, guarding against error, denouncing and refuting false doctrine, adhering steadfastly to sound doctrine. For this, a short form and instruction is needed, in which the summa of Christian doctrine is understood properly and Mr, which is given by common authority of the church, according to which the preachers direct their sermons everywhere.

Furthermore, it shall be decreed that nothing shall be sung or read in church except what is taken from divine Scripture and proven words, and that the customs and church practices that may serve godliness, respectability, order, and peaceful, quiet life shall be observed.

And since the various differences in monasticism, as well as so many abuses in monasteries, are evident, which cause no small annoyance, and the monastic life of this time is not useful to the churches, as it is now, the monastic life must be reformed with all seriousness, so that henceforth there will be such monks, with whom the Christian doctrine goes primarily in the Schwang, and who preserve the languages and good useful books, consult and explain the holy scriptures, also instruct themselves and the people with sermons, and this, however, in such a way that they do not interfere with the parish priests in their office, or act against them, but abstain from it, and otherwise live in all discipline, as the old canons report.

In order to have such servants and monks in the church, schools must be established in the episcopal and other cathedral churches, as well as in monasteries, and proper learned and godly men must be appointed for them.

And since every laborer is worthy of his wages, both the ministers of the churches and the superintendents of the schools must be given honest wages and salaries, so that they do not become weary and loose in their service because of poverty.

Finally, so that these things are all kept in a steady and persistent course, it will be necessary that synods and concilia be diligently kept, namely the general concilia. Item, the nationalia, the provincialia, the episcopalia, those which the archi

diaconi, and others; and that in the same of these things all diligent and earnest inquiry, investigation, and request be made.

Item, that also according to the right order appeals are made, and all such church matters are recognized and judged according to the old Canonibus of right and good order.

6. breeding of the people.

As in the people of God there are various classes and people, as old, young, husbands, wives, father, mother, children, servants, and therefore also various ways and measures of living, various professions: Let the ministers of the churches take care that they faithfully teach and admonish all the people, and all and every class of them, to conduct their lives and conduct themselves according to the holy gospel, and that each one faithfully attends to his profession, and all keep and prove themselves quiet, peaceable and honest toward one another.

Accordingly, the key of ecclesiastical judgment and excommunication is to be restored to the churches, as much as may be possible and expedient, and the ecclesiastical judgment and punishments, according to apostolic doctrine and ancient canons, are to be re-established and maintained, so that those, who live in manifest vices and fornication, the unruly, and those who are disobedient and quarrelsome to the word of the Lord, even all who are offensive to the Church, be kept from communion of the sacraments and holy offices, and be shunned by the faithful until they convert.

So, too, public penance should be re-established, as much as may be possible and proper, so that those who have publicly sinned and offended the churches may not be readmitted to church fellowship until they have made their confession and confessed their wrongdoing, and thereupon have obtained reconciliation from the church, and this with such moderation as may suffer this time to amend.

Lastly, one might well compare fasts and holidays, differences in food, and such bodily practices, which belong and should serve partly to the ceremonies and partly to discipline, where it would be recommended to honest, godly, and learned men that they direct all these things to that end, and so moderate them that no one would be taken in stride, nor would they be burdened unjustly, but that such things would serve and promote that godliness and right good works, which the Ten Commandments and the Gospel prescribe and command us, be proven and practiced all the more diligently and cheerfully.

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Counter-articles, which have been submitted by the delegates to the Colloquium, on account of the Augsburg Confession, against some articles in the previous book, which were not accepted.

I.

From the church.

According to God and God's Word, the highest respect is due to the Church, which God so loved that for her sake His only begotten Son became a sacrifice for her; which He also endowed with His Holy Spirit, in whom He will be glorified in eternal life. Therefore, one should learn diligently and with a thankful heart about all her gifts, so that she is adorned, and realize how wonderfully God has governed the Church from the beginning. She has been given God's Son as Savior. She has received the Gospel, the Holy Spirit as a governor, the ministry of preaching for and through the fathers, prophets, Christ, apostles; she has also appointed shepherds and servants of authority for the preservation of the Gospel for and through. It also has the high gifts of understanding and interpreting divine doctrine, which is a secret wisdom, above human reason, from God's will, as it is written Eph. 4: "He has given gifts, some apostles" 2c. The Church also has command to act the Sacraments, and its special jurisdiction and judgment.

But one should always keep this rule, that God's word, given to us in the prophets' and apostles' Scriptures, is preferred and more valid than that of all men, all bishops, all concilia, or the whole church.

But we confess that this threefold authority belongs to the true church. The first is to bear witness to the apostles' writings, or to distinguish the apostles' writings from others that have been falsely transferred under the apostles' names.

For after dissimilar books were spread under the apostles' titles, the churches kept only those which they thought were certainly commanded to them by the apostles or credible witnesses; after that, the common church unanimously kept the same ones, and rejected the other, obnoxious books. For Eusebius writes that special care was taken to preserve the certain books and to distinguish them from other, uncertain ones.

Although this is a special work and gift of God, the preservation of certain books, through which

1. "um" put by us instead of: "by".

If we leave the prophets and apostles, we should also confess the diligence and authority of the church, which in part gives testimony to certain writings and in part rejects those that are incompetent and do not correspond to the writings of the prophets and apostles.

Therefore, Augustine reminds us that we should greatly respect the testimony of the first church, namely, that we should accept the common scriptures that are found in all churches, which the first church accepted unanimously, and that we should reject the new books of the Manichaeans. Therefore he speaks: I would not believe the Gospel if I were not moved by the attitude of the common Catholic Church. Thus he indicates that he is moved by the same testimonies of the early church, that he does not doubt that these books, which we have, are of the apostles' origin, and are to be considered credible.

Secondly, let this authority be given to the true church, that it may have right understanding and interpretation of the Scriptures, for it keeps the foundation, and has the gift of interpretation, as Paul speaks; yet at one time in many, at another in few, and at one time light, at another dark.

Since Samosatenus was furious and did not want the word verbum to be understood as a person at the beginning of John, the neighbors came together and proved from the same text of John and from other sources that the word verbum in this text was to be understood as a person, and at the same time gave testimony that the common Catholic Church had held it that way since the time of the apostles.

Since Pelagius spread his error of works righteousness, which was taken from the Philosophia, and otherwise the greater number in the Church had drawn such error from Origen's books, God enlightened Augustine's heart, that he noticed and challenged the error, and against it again brought the doctrine of grace to light.

Therefore, although the gift of interpretation is with the true church, yet this gift is not bound to a certain person or place, and is at one time with many, at another time with few, at one time lighter, at another darker, as St. Paul says that some build on the foundation of stubble.

Now because in the church there is the gift of interpretation, it is necessary to listen to what the church teaches; but whoever has this gift will be found from these two: from certain testimonies of Scripture and from unanimous understanding.

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of the Catholic Church. Now we call the unanimous understanding of the Catholic Church what the fathers, prophets, apostles held, and what was ordered by certain testimonies from the apostles, and what truly agrees with such testimony, as Origen speaks that one received the baptism of children from the apostles.

Irenaeus says that he got the doctrine of two natures in Christ from Polycarpo, Polycarpus from Johanne. Thus there are several pieces in the ancient scribes, which, as histories of the first church, indicate what it held; and if the same speech agrees with Scripture, it strengthens the Christian heart. But faith must be built on God's Word, given through the prophets and apostles. If a pagan were to read these words: "In the beginning was the Word, and the Word was with God, and God was the Word," then perhaps the pagan would not think that "the Word" is to be understood as a person. Therefore, one should listen to how the church teaches about it, in which the unanimous opinion of the apostles' time says that this "word" is to be understood as a person.

When the God-fearing listeners are thus reminded, and further instructed and strengthened by other sayings, they accept such an interpretation in John, and believe the article on account of the divine word in Scripture, and thus truly call upon the Son of God, whom they would not call upon if the faith were built upon human authority. This is public.

But this cannot be said with certainty, that true understanding and the gift of interpretation are with the ungodly multitude, although the same multitude is still in the outward company of the church; much less have these gifts the public despisers of God, who should be cast out of the church because of public vices; but right understanding and the gift of interpretation belong to the godly, as it is written, "The natural man heareth not what is of the Spirit of God."

Thirdly, the church has the power to judge doctrine, so that if a dispute arises over doctrine, it is God's command that the church should hear such matters and speak in them according to God's word, in right understanding, as St. Paul says: "If anyone would teach another gospel, let him be banished. And in such matters one may also be strengthened with the unanimous and certain testimony of the first church, which was received from the apostles. For such testimonies are called the unanimous opinion.

of the Church, but that God's Word always has the most distinguished authority.

If one then judges according to God's word, in right understanding, one is obliged to follow, as some Christian concilia have rightly judged of many controversial matters, and the true church follows such judgment; for the unlearned receive better report, and now recognize that this doctrine is God's word, are also strengthened by the memory of the unanimous church testimony, which originates from the apostles; thus our churches follow us against the Anabaptists and others.

But since it may happen that the greater number in the Concilio than in Syrmio is godless, even if some of them are real saints, as Osius was in the Concilio held in Syrmio, it is to be confessed that general and national concilia have erred and may err; about that also the saints have their errors, as the many unrhymed speeches in the scribes prove.

II.

Of the Sacrament of the Body and Blood of Christ.

Christ says: "Take, eat, this is my body", and afterwards: "This is my blood". Therefore we confess that in the Lord's Supper the body and blood of Christ are truly and essentially present and are given with bread and wine to those who partake. As Hilarius also says: "According to the word of the Lord and our faith, it is true flesh and true blood, and this, when it is eaten and drunk, makes Christ to be in us, and we in Christ; therefore Christ is present and is powerful in those who partake.

But there are three benefits of this holy sacrament: the first is that we, reminded by this administration, remember the passion and resurrection of Christ, and that the godly receive consolation when they believe that the Son of God suffered for us, and that we are now his members, washed in his blood, and through his merit have forgiveness of sins. Through this faith, grace is applied and bestowed upon us in the rite of the sacrament.

Christ himself speaks of this benefit when he says: "Do this in remembrance of me," because he wants us to remember his suffering and the promised grace, not only the histories, and wants us to accept his benefits in the use of the sacrament by faith and to appropriate them to ourselves.

The other benefit is that in the use of this sacrament we thank God for His immeasurable mercy.

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We thank him again for his righteousness toward us, for giving his Son for us.

The third benefit is that, having become members of one Lord, we recognize that we owe and owe brotherly love to one another as members, as St. Paul says: "As one loaf is, so are we one body" 2c.

But of the sacrament this rule is always to be kept, that they are first of all testimonies of divine will and grace toward us, after that other meanings may also come.

We also teach this, that no one should take this sacrament who persists in sins against his conscience; nor should those be admitted who are in public sins. Therefore we teach the rule of St. Paul: "Let every man examine himself first, and so eat of this bread".

Further, as Irenaeus says, this sacrament is made of two things, an earthly and a heavenly; and St. Paul says, "The bread which we break is the dispensation of the body of Christ." Thus we also teach that with the consecrated bread the body of Christ is given to the partakers; and do not say that there is transsubstantiatio, or annihilation of the substance of the bread, and in this we follow certain and clear testimonies of many holy fathers.

III.

In the article on repentance, 1) from the other paragraph, where these words are written: Therefore, confession should be made especially for mortal sins of which one is aware and of which the conscience has doubts or is troubled.

From this point this is our answer: One should receive in the church the ministry of private absolution, which is a voice of the gospel, spoken through the minister, which confers and applies forgiveness of sins to everyone in particular. This benefit is very pleasant to God-fearing and stupid consciences, which are strengthened by this voice, so that they conclude that the gospel not only promises forgiveness to others in general, but also to everyone in particular, and wants to apply this promise to everyone. This strengthening is beneficial to God-fearing, frightened consciences.

However, it is necessary to maintain this teaching in the church, that the recounting of sins is not required by divine law, nor is it necessary, and that sin is forgiven without recounting to those who repent and build themselves up with faith.

1. This refers to the XVI article of the Interim, Col. 616.

As Prosper also testifies: "Those who do not confess and do not want to change their secret sins, which have not been confessed or otherwise revealed, will be punished by God, who knows them well; but if they themselves become judges of themselves, and willingly punish their sin with right earnestness, they will escape eternal punishment with it, and extinguish the infernal flames with tears of right repentance. These are the words of Prosperi.

The consciences are also led into dangerous doubt, if they should consider it necessary to tell all sins.

Because many people need counsel because of some cases of which they have doubts, they should be exhorted to tell the story, so that they can be counseled, and so that they are all the more exhorted to repentance, and otherwise reminded of all kinds of things. For an understanding pastor can better instruct the confessor in such a conversation, if he realizes what error or vices he is in; in addition, the contemplation of the narrative reminds us more how shameful sin is, and also of God's wrath against it; so this exercise is useful to young and coarse people, if they learn to know and distinguish sin in such an election. But one should know this last thing, that one receives forgiveness of sins by faith for the sake of the Lord Christ, not by reason of narrative or confession.

This is also to be reported here, that every pastor is obliged to interrogate his people at some times, and to inquire of their faith, for every one is obliged to confess his faith. Here the priest shall instruct the unlearned, shall also remind each one of the customs, according to each one's age and occasion; but still the telling of secret sins shall not be necessary.

And to these heavy services, namely to counsel, to investigate and to instruct the unlearned, the necessity also demands that the churches be staffed with learned, God-fearing, experienced and honest pastors.

In the third paragraph these words are that people are absolved from the sins they have legitimately confessed, that is, as the commandment requires. 2)

Here it is necessary to indicate that the penitents are absolved also from those sins which they omitted in the narrative, or which they do not know.

2. These words are also found in the XVI article, Col. 616.

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Item, the word legitimate will bring much doubt, and would be better, this piece would be omitted altogether.

Thus, those who repent and believe also obtain forgiveness through other means, through the public preaching ministry.

Reason and cause of the preceding article, from telling the sins in confession.

After we have been commanded to indicate the causes and testimony of the Scripture, of our delivered article, of the recounting of sins in confession, we ask first of all that this explanation of ours be graciously heard.

And although this piece does not have a difficult, nor extensive disputation, however, because this article 'contains the whole doctrine of repentance in itself, we would like to indicate our opinion about it. For it is highly necessary that a certain clear doctrine and teaching of repentance be preserved in the church. And since the quarrel and discord in the church at this time has arisen first of all from the fact that some old abuses in the monks' doctrine of three parts of repentance have been challenged and punished, we have faithfully endeavored to preserve the light of the Christian doctrine of all parts of repentance, which has been revealed to us by God's grace, clear and undimmed.

We also know well what wise men say about this, who complain that outward discipline is lost when this commandment of recounting sins through confession is revoked. And as Basil writes of one who had gone too far in laying an erroneous article, and says: he had done just as the gardeners do, who, when they want to stretch again the young little trees or branches that have become crooked, so that they grow up right, bend them more to the other side. So we know well that some great people of ours also judge that ours have been moved by many and great abuses, since they have fiercely contested them, and have therefore gone too far to the other side; therefore a middle course and alleviation must now be taken by wise people.

Although it is not without reason that moderation is not always maintained in such disputes and discord, we know for certain that we have remained on the right middle road in this entire disputation of repentance, and have re-established and brought forth right wholesome doctrine.

But that people complain that our doctrine gives cause for outward discipline to be disrupted, to this we will reply

First of all, we answer in the shortest possible way. St. Paul foretold that men's doctrine and statutes in the church have a semblance of wisdom. For in this wise rulers often err, that they mix outward discipline and order and spiritual character, and do not distinguish them. Therefore they say: If this commandment is removed from the telling of sins, then there will be greater security in people, and the rough rabble will become the more insolent and wanton, and many will learn and care less what sin is, and what the difference and degree of sins are.

To this we thus reply: that there is a very great difference between the things that concern outward discipline and the high spiritual things of the conscience, which must fight against God's wrath. We also say that outward discipline should have its commandment and preservation. The church shall punish those who are impenitent and lie in manifest vices, by the ban and earnest admonition of preachers and pastors; also the children and the uninformed shall at a certain time hear a common certain instruction of Christian doctrine in all articles, learn God's commandment, and be interrogated as to what and how they believe. Item, those who live publicly in sins shall be punished, and in general such shall all be kept in fear and restraint by serious command and punishment of secular authorities. These are the right things by which outward discipline can be preserved.

However, our article is at the same time useful to maintain discipline and also to help the conscience. It serves for discipline, because since we keep private absolution, each one goes to his pastor or priest, by whom he may be interrogated, instructed or punished; but so that ropes are not laid on the godly and frightened consciences. Item, so that the errors are not strengthened, which are derived from the narrative, we teach that one should not weigh down the consciences by such a commandment, which requires all or 1) some sins to be narrated as necessary.

Our counterpart has publicly taught that the recounting of sins is the merit for which one obtains forgiveness. It is necessary for the reason that the priest who hears confession may impose penance or punishment on the confessor. Now nothing but eternal doubt can follow, if one thinks that the narrative is a necessary thing. Such doubts destroy faith. Such high spiritual things are to be discussed above all things in the

1. "or" placed by us instead of: "and".

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Church diligently, so that we may see to it that we maintain outward discipline by such ways as God's Word shows and teaches us.

Therefore, when the wise men argue so vehemently about discipline, let them also look at the other part, which is more necessary, namely, the various and manifold dangers of conscience. If they also saw how things are done in our churches, they might be better satisfied; for no one is admitted to the sacrament and communion unless he has first been heard and absolved by the pastor or priest. In such conversation many who desire it are given counsel, in special cases, many are also better instructed. And on all Sundays there is a large number of those who go to confession. If some are known to be living in apparent sin, they are not admitted to communion, and the authorities are reminded of their duty to punish them; and if someone, out of disdain, wants to speak out against communion altogether, he is first admonished, and if he does not obey, he is publicly punished by the sermon, and considered to be banished; this is useful to maintain discipline, and the consciences remain unsullied.

This is what we have done in order to make those sons who complain that discipline is weakened, even though this is said with great pretense; but in this we should remember the saying of St. Paul, who says that the doctrine of men has a semblance of wisdom, and for the sake of such beautiful, seeming causes we should not depart from the truth. Some, however, may wish to maintain their obligation to confess, not for the sake of discipline, but for their own benefit, because this increases their status and authority, and the monks become rich; some also argue about this commandment, so that the authority of the congregations is not weakened. But we do not want to elaborate on such causes here, but will now go on to show the reason and cause of our article.

It is not the dispute about private absolution, because we know that in our churches private absolution is kept and defended, but it is mainly the dispute about telling sins in confession.

But there are three great and important reasons why we dispute this article, that the churches should not be burdened with the commandment requiring the recital of all or some sins as necessary.

The first reason is that people think that such a story is a service of God and deserves forgiveness of sins.

The other reason for pretending that such a narrative is necessary is to impose a satisfaction on the confessor.

The third cause that such a commandment of the narrative leads the consciences into doubt, thereby extinguishing faith. These harmful errors have followed from the delusion that the narrative is a necessary thing, and this is the origin of the satisfaction in which God is displeased.

Now as St. Paul abrogates the law of Moses, and earnestly exhorts Christians, "Stand fast in liberty, that Christ may set us free," 2c., namely, that one should not consider the ceremonies of the Jewish law necessary as a service of God, or that one may merit forgiveness of sins; so also we must contend for freedom from the commandment of narrative, that God-fearing consciences may understand that forgiveness of sins is not bound to narrative, or satisfaction. Item, lest faith be extinguished or suppressed by doubt or despair, which follows from such delusion.

But we are not now speaking of confession, which takes place publicly before the church, in which the church judges obvious vices, for there such vices are told or reported, as otherwise before a secular court; but we are speaking here of secret confession, in which one seeks absolution before God through the mouth of the priest, for the conscience's comfort; As understanding Christians are well aware of such a distinction between the public court or judgment of the church, and between this part of the office or ministry, by which the gospel is especially spoken and administered to the conscience, or sacraments are administered. In such confession, in which absolution is sought, we say that it is not necessary to tell all or some, many or few sins, for these reasons and causes.

The first cause.

Since forgiveness of sins is given freely and without our merit, no thing should be attached to it as necessary, without an expressed divine command.

Now the retelling is commanded and required as necessary for the forgiveness of sins, although God has not commanded the retelling of sins, but wants forgiveness to be a pure gift, not because of our merit, so that we may recognize that it is given to us for Christ's sake alone.

Therefore, such narration shall not be required or commanded from anyone.

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The other piece of this argument (that God did not command to recount sin) is clear. For Christ has never commanded such recounting anywhere, and He Himself so often pronounces absolution, saying: "Your sins are forgiven you" 2c., and yet does not demand "recounting of sins" from anyone.

The other.

One should not put a commandment under God's name that God Himself has not given through His Word. Neither Christ nor the apostles gave a divine commandment about the story. Therefore, one should not teach that the narrative is a divine commandment.

The third.

Whatever weakened or destroyed the faith in the forgiveness of sins should not be attached to absolution in any way. The commandment that demands the recounting of all or some sins as necessary gives rise to doubts, by which faith is weakened and overthrown. For this reason, absolution should not be tied to the recounting.

Answer from the opposite argument.

Against this, some people use this saying: "What you shall loose on earth, that shall be loosed in heaven. Here (they say) Christ commands to absolve from sins, therefore he also commands to recognize and hear the sins; but if they are to be recognized, they must be told.

This is a simple, clear, correct and thorough answer: Through the office of the keys, which redeems or absolves, even the sins that are not recognized or denounced are forgiven, therefore it does not follow from this saying that it is commanded to recognize another's sin, if Christ gives notice of absolution. For we are not speaking now (as was also said above) of the public judgment, since the church judges only from revealed works, but we are speaking of the redemption, by which the conscience is redeemed before God. In this, the preacher or church minister does nothing else, except that he communicates and presents the voice of the gospel, in which forgiveness of sin is proclaimed, like other sacraments.

The new scribes in Theologia scholastica have commonly erred in not noticing the difference between the public ecclesiastical tribunal and this office, or ministry, of administering the sacraments, therefore they have introduced much rambling, confused, and erroneous disputations of absolution, when this is quite true and clear: in administering the sacraments, the minister executes the command so given by the Christ, and in administering the sacraments, the minister is not to be held responsible.

not that he should recognize another's sins as a judge, but that he should preach the gospel to him and present Christ's good deeds.

If you realize this difference, it is easy to answer this common argument:

No one can be absolved or acquitted in court unless the matter has first been heard and recognized. Here people are absolved and absolved. Therefore, the sin must be denounced and recognized,

Answer: The first part of this argument is true when speaking of judgment; but not of the office or ministry of the church, in which he who absolves or absolves is not a judge, but has only command to give absolution, as is evident: for it must be held on the basis of this doctrine that even the sins which are not recognized are forgiven, which are very many, great, and grievous. For how many are the sins alone, in all kinds of office and government, which are called peccata omissionis, omission or forbearance of that which we ought to do, and which God has commanded.

These thoughts about the recognition or interrogation of sins have been drawn from the Canonists' books and teachings into this high spiritual matter of conscience. But every God-fearing reader thinks for himself into what insurmountable, unavoidable danger and trouble the conscience is driven, where there should be no absolution, but only from these sins, which are recognized and denounced. Therefore, we should throw away such dreams and learn to understand the power of the ministry or office of the keys, so that we hear the voice of the gospel and by faith look at the Son of God, and remember that he became the sacrifice for our sin, and that through him forgiveness and absolution are given and communicated to us.

The canonists are quite silent about such faith, which ensures that we certainly receive forgiveness of sins for Christ's sake, and fights against doubt, as they know nothing at all about these spiritual matters concerning the conscience, and draw the gospel completely to their worldly matters. Therefore, the church must be freed from such error, and the doctrine of the right consolation of consciences, of faith, without which God cannot be rightly invoked, must be brought to light again. For he who doubts whether he has forgiveness of sins is afraid of God and cannot truly call upon Him.

But let's see what one leads more for arguments from the narrative.

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In the fifth chapter of St. James it says: "Confess your sins to one another" 2c. Here it is commanded (they say) that one should tell the sin. Answer: Jacob does not speak of secret confession, but exhorts that those who disagree should be reconciled to one another. For he wants each one to confess to the other that he has sinned against him.

This saying is also used, since Christ says: "Go and show yourselves to the priests", therefore he wants them to tell about sin. Answer: He does not say, show yourselves to the canonists or officials, but to the priests, that is, to the ministers and preachers of the gospel. For Christ sends all those who are being cleansed to the oral preaching of the gospel, and wants the same to be a testimony to us that we are cleansed from sins, even that we are cleansed by the same; therefore this saying of Christ is to be understood that it means to hear the gospel, not that one should tell sin. The divine ministry, or preaching of the gospel, is what he wants to praise, not such futile narration, which is nothing but the folly of men.

Further, the sayings of the Fathers are also referred to; and here a new sophistry has been invented, which pretends that this is the common unanimous mind and attitude of the whole Catholic Church of Christ, as several part of the scribes of each article have written. Where such sophistry comes from, we will indicate at another time. For now, we will answer this recently.

The Fathers commonly speak of public penitence or repentance (as it was then called), by which manifest vices were punished. To such penance and punishment they exhorted those who were stained with public vices; and in this the fathers are to be read with good sense and attention. For how much Cyprian says about these punishments, which is of no use at all if one wants to judge it by its severity, for he says several times that without these punishments absolution is worthless. This saying ever needs moderation.

Often one bishop has been harsher and more serious by nature than the other, and thus he has been harsher in imposing such punishments. Hence it is that such spectacles of satisfaction or public punishments have been so highly praised and lauded. Some of them themselves, without being asked, have given themselves up to such punishment and publicly confessed their secret sin, but this was not considered necessary. Therefore put

the Fathers themselves make a distinction between secret and public sins, and teach that secret sins are forgiven even without confession, as indicated by the saying of Prosperi, which we referred to in our article.

So Chrysostom also speaks about the Psalm Miserere: If you are afraid to tell your sin to a man, tell it daily to God in your conscience. I do not say that you should confess or confess it to your fellow servant, who will reproach you for it, but you should tell it to God, who heals it and takes it away.

It is evident what Gratianus says about this in the decree, which indicates that many proven teachers have spoken of this matter differently from one another; so too are some of the new scribes of great repute, who hold that the recital of sins is not commanded in divine but only in human rights.

We say this so that it may be understood that it is not the common and unanimous opinion of the whole Catholic Church that secret sins must be told and confessed. Thus, the common mind and attitude of the whole Catholic Church should not be reckoned from the jumbled sayings of this or that part. But what is the opinion and understanding of the old teachers, we draw and appeal to the judgment of all those who seek the truth and have no desire for sophistry. Faith should be based on God's word, not on human testimonies, which is why we first drew on the sayings and testimonies of Christ and the apostles, showing what they teach us about forgiveness, which is given to us freely, not because of our merit. Faith is to stand on these grounds, after which the sayings of the fathers may be added, by which godly men may be the more strengthened, if they understand them rightly; and we have no doubt that the very opinion of the fathers concerning secret sins is that which we say and hold.

Finally, we are reproached for the Concilium Lateranense. We give proper Christian Conciliis their due honor, which are not contrary to God's word; but one must first of all keep this rule of St. Paul: "If even an angel from heaven teaches another gospel, let him be accursed. But what articles and commandments are set forth in the same Concilio Lateranensi at Rome, among which also this commandment concerning the recital of sins in confession is first set forth by the Canon omnis utriusque, etc., we shall indicate further elsewhere. Now

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we answer from this commandment of the narrative alone.

God has seriously forbidden that the churches should not be loaded with the doctrines of men, which are considered to be worship, or by which one earns forgiveness of sins, or which are necessary for salvation; for he wants this doctrine to be kept pure, so that we have forgiveness of sins, not because of our merit, but solely for the sake of Christ, through faith. Item, he wants only that to be considered worship, which he commands by his word, not what is invented out of human conceit and superstition. For the sake of these important causes, St. Paul argues so hard against the abhorrence of the law, and Peter says: "Why do you tempt God by putting on a yoke?" 2c., showing with these words how great and grave a sin it is that he says: "Why do you tempt God? Therefore, those who establish their own worship and enjoin the ordinances of men sin more grievously than is necessary for salvation.

Since this commandment of recounting sins is considered necessary for salvation, and since such recounting is considered a service to God or a meritorious work, it follows that it should and must be challenged and punished, and that the church should be freed from such a yoke.

How great they were who were the most distinguished in this council, and how many sat in it who decided this commandment, they should have heard Peter (who cries: "Why do you tempt God by putting on the yoke?") and followed him. It is evident that this custom of confessing sins has become so widespread that it has been considered a special worship and a work to merit forgiveness of sins; and the same canon, though it confesses impossible things (namely, to confess all and every sin), yet it makes the same necessary for salvation, condemns all those who do not confess all their sins, and commands that they be cast away as exiles. This is contrary to faith in two ways. First, because it obscures the knowledge that forgiveness of sin is given freely, and not because of our merit, and that it is considered a necessary and meritorious work. Second, that faith is weakened by doubt, which must follow from necessity, since this commandment requires that all sin be told.

These are great, important and necessary reasons why this commandment had to be contested, regardless of the fact that it was decided in the Concilio, which

has not had power to establish new worship and to command impossible things, as necessary for salvation, which are not commanded by God. Moreover, since the Church does not judge secret things, it cannot command that secret things be told.

In addition to this, from this commandment also other criminal and false services have followed, namely the satisfactiones or pardons. For this reason some want to defend confession, saying that it is necessary in order to impose a certain punishment on those who confess.

But what error and abuse there is in the doctrine of repentance, we have indicated in the Apologia, to which we have drawn ourselves, and consider it that the whole doctrine of repentance is presented and explained by us in a Christian, diligent and faithful manner, and consider that it is a pleasing service to God, that it also pleases the holy angels, who take great pleasure in the true repentance of men. Therefore, we would also grieve the pious angels and greatly offend the true Church of Christ if we dropped this Christian and necessary doctrine of repentance. But we ask God to govern, strengthen and increase His Church through the true light of the Gospel and the Holy Spirit, and hereby humbly offer ourselves for further explanation wherever it is desired.

Finally, we also want to testify that in this writing we have simply answered the matter ourselves, in which we have challenged the errors that were established long ago, and we do not want to touch the venerable, our favorable lords and friends, who were appointed for this discussion.

Philip Melanchthon. Martin Bucer. > > Johann Pistorius. 1)

IV.

From the satisfaction or Satisfaction.

The satisfaction that earned us forgiveness of sins and salvation from eternal death is undoubtedly the one death of the Son of God, Jesus Christ, who became a sacrifice for us, as John preaches: "This is the Lamb of God, who bears the sin of the world".

By merit of this Lamb we receive forgiveness of debts through faith and are redeemed from eternal death, not because of some works, or because of satisfaction, from

1. These names are in the original.

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People ordered, or because of some confusion of punishments.

In the past, however, bishops have decreed a number of penalties for penance, which are called canonicus satisfactiones, and which have been carried out firstly as an example, or for discipline.

For if they received again persons who had departed from the faith, or otherwise fallen into public vices, they inflicted punishment upon them, that it might be felt whether they were in earnest to be converted; or that by such means they reminded others to beware of such sins; or also that they restrained some frevele; and this punishment was imposed before absolution, as a sign to those who fell into great vices and were condemned to punishment, just as among the pagans the murderers and other impure people had to bear some signs until they were accepted again into civil society.

Now, in the church, reported punishments have increased with time, because of the error that one thereby earns forgiveness of sins.

But when they rose too high, they fell again, and a small shadow remains of it and the name, of which the opposite is said: because God is just and a punisher of sin, He does not forgive without confusing the punishment. He further says that the punishments of the purgatory are repaid with the excess of the works that the absolver imposes on the confessor, which are not otherwise commanded by God, and that these works are valid and pay the punishment, even though they are not done in grace. This error, which has penetrated the Church, must be rejected.

For it is necessary that the doctrine of the forgiveness of sins for Christ's sake, without our merit, be preserved in the church - item, from faith. It is also necessary to know that works done without God's word are not worship, as it is written, "In vain do they honor me with the commandments of men.

But that one speaks against it: God is just and a punisher of sins; is true that God punishes also the sin of the elect, first with true terror in the repentance, of which David says: "Lord, do not punish me in your anger." And Ezekiel, "As a lion, so hath he broken all my bones." These terrors are much more severe punishments than all satisfactions.

On the other hand, special punishments often follow after conversion, because of previous mistreatment, as when David's adultery was punished. And even among the saints there are always such punishments, which God interprets, as it is written in Psalms about the elect: "Their sin will be punished.

I will punish with the rod". Item, St. Peter says: "The punishment is begun from the house of God".

For God wants to keep His own in tribulation, to resist carnal security, and to accept fear of God, repentance, faith and invocation; nevertheless, not all tribulations are to be taken for punishments of particular sins, as the highest lights in the Church, the prophets, apostles and other highly gifted saints have always suffered the harshest persecution and greatest misery through special counsel of God; for God does not only want His Church in this life to be subjected to common plagues that follow in all men after original sin, but also wants them to be driven and afflicted with special tribulations for many reasons.

For the ungodly crowd does not know sin and God's wrath, but, as it says in the first book of Moses, sin rests in them until it is revealed, that is, it does not yet frighten them until the punishment comes.

Therefore the church has tribulation, more than other people, that it may recognize its inherent vice and sin, and increase in godliness and repentance. There is also this cause: if such great danger and strife were not laid upon us, faith and calling would be extinguished; therefore the church is pressed so hard, as it is written in the first book of Moses, "The serpent shall bite his heel." These poisonous and horrible bites are felt by the godly in many ways, in all kinds of temptations and anxieties.

And this is the special wisdom of the Church, knowing that God wants the saints to be humbled and conformed to Christ in this life; that God also truly hears the afflicted, as Peter says: "Humble yourselves under the mighty hand of God." God demonstrates this power in both ways: He powerfully punishes the secure, as David, Samson, Nabuchodonosor; on the other hand, He also powerfully helps those who repent and call upon Him. But these punishments cannot be removed by the keys, nor can they be forgiven, nor can they be taken away by the ceremonies of the ordinances of men, which are the canonical satissactions.

In addition, these tribulations, imposed by God, are constant exercises, serving henceforth for the future destruction of the old Adam, as St. Paul says, 2 Cor. 4, 16: "Our outward man is broken, but the inward man is renewed forever. But the opposite, when they speak of atonement, they demand it as a change of eternal punishment for past sin.

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But it would be much better to tell the people about these excellent things, namely, about the wrath of God against sin, about the Holy Tribulation, about the right services that God demands in such tribulations, so that He admonishes us to grow in fear, faith, and invocation, rather than to open people's eyes with the shining and glittering ceremonies of satisfaction, thereby obscuring the doctrine of grace and right services.

For we also teach this with great diligence, that in converts should and must follow fruits of repentance, that is, a new life, or spiritual obedience in God's commandments. And as St. Paul says, "Pray your bodies a living and holy sacrifice," he instructs us of right worship; says we are to be holy sacrifices, that is, fleeing all uncleanness, having patience in persecution for confession of doctrine, and in other common tribulations, as sacrifices that are slain. But we shall be living sacrifices, that is, we shall have a future and eternal life, therefore we shall praise God even in the midst of death. These are the proper fruits of repentance, and exercises by which the root of sins is eradicated, as Augustine writes.

We also teach that common and special afflictions are relieved by reason of the whole repentance and all good works of the godly; as it is written in Isaiah 1 and 58, and St. Paul says: "If we judge ourselves, we shall not be judged by the Lord. This cannot be understood otherwise than of the whole atonement, and is not said of the pardons of which they say that they are valid, though they are not done in grace.

But this we do not deny, that the church may inflict punishment on public sinners, as an example or discipline; as we also hold in our churches, when we accept recanting Anabaptists, or death-slayers, whom the sword does not judge. But it is not necessary to re-establish the old ordinances of satisfaction, which have risen through error and are dangerous to many consciences, as to give an adulterer a long time to abstain from his married wife.

It also seems that the bishops were all the more severe because the pagan authorities did not punish adultery and other vices.

Now the authorities should be taught that they are obliged to punish public vices. With this seriousness, discipline could be better maintained than with the ceremonies of pardon.

It is also dangerous to mix the ministry of the gospel and the secular ministry. The minister of the gospel teaches of true repentance of the heart, comforts the troubled conscience, and teaches that we are saved from sins and eternal death not by the merit of the punishments we have received, but by Christ's merit, as it is written, "He has caught the prisoners." Item: "Death, I will be thy death, and the destroyer of hell." This opinion should not be attached to it, that such salvation happens through the merit of the punishments exchanged. But the temporal authorities should be serious and strict, and carry out their ministry, which is distinct from the spiritual ministry of the gospel. Therefore, we also exhort the secular authorities in our churches to do their duty and to protect and practice honest discipline.

V.

Of Unity of the Church and Difference of the Servants of the Gospel.

John the Baptist says: "From his fullness we have all received grace." Therefore there is one Church, sanctified and united to one another through the Son of God, who is the Head, working all things in all His members, through the knowledge of His gospel and the Holy Spirit, from the beginning in the first fathers, prophets, apostles and other saints, until the end of the world, when it shall be glorified and glorious at the last judgment.

Therefore, in order that such a single and united church may remain, God has always spread the same gospel into the world through the fathers and prophets, and subsequently through Christ and the apostles. And Christ Himself appointed such a ministry, which shall remain until the end of the world, as it is written: "He ascended on high, and gave gifts to men: some apostles, some prophets, some evangelists, some pastors, some teachers" 2c.

For he preserves the gospel, and has commanded that after the apostles pastors be appointed in all the churches, who shall have the office of teaching the gospel, who also shall be raised up of God unto it; and though they be unequal according to gifts, yet have they all one office and ministry.

So then the unity of the church in this community, under one head Christ, stands through one gospel and one ministry, to which one owes obedience, according to the saying: "He who hears you hears me", so that unity of faith, and one use of the sacraments,

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and external punishment as commanded in the Gospel.

For all pastors and ministers are commanded by Christ not only to teach the gospel and administer the sacraments, but also to punish with banishment those who remain in public disobedience, namely, those who introduce new error contrary to right doctrine or do not want to improve their criminal lives. For in this one owes jure divino obedience to the shepherds to maintain such discipline and discipline.

But so that everything would be done properly in the church, according to the rule of St. Paul. Pauli, and that the parish priests would keep together the more, and that one would help the other to carry out the work of church government, and that some would have authority over the others, and that separation or schism would be prevented: so this useful order was established, that one bishop should be chosen from among many priests and from their means, who would govern the churches, preach the gospel, receive external discipline, and preside over the other priests. After that, more distinctions and degrees were made among them, namely archbishops, and over them some patriarchs, namely at Rome, Antioch and Alexandria.

These orders, in so far as those who preside over the church carry out their commanded office, are good and useful to maintain the unity of the same, that is, to assemble concilia, to hold proper church courts of doctrine, to punish common public vices, as well as to correct usury and other offences, unjust laws, and to punish those who cause public offence.

But such prelates should attend to their profession, preach God's word, pay attention to the doctrine and life in their churches, punish error and public vices, hold right church courts. For we cannot consider such popes and bishops, who pursue right doctrine, as bishops, or grant such authority, as St. Paul teaches in Gal. 1.

But the bishops have this authority in their church government, that they may make traditions or outward statutes, so that it may be everywhere in the church and proceed properly, as, from certain holidays, so that the people know at what time one should meet together; item, that one may meet soberly in the church 2c., but so far as such traditions are not held for worship, that is, for meritorious or good works, which without means serve to honor God, according to the saying, "In vain do they serve.

me with such doctrine, which is nothing but the commandment of men."

That such ordinances are not contrary to God's commandment, nor that they are not commanded to be kept as necessary, but as outward mean things, which may be omitted without sin except in case of offense. As St. Paul teaches in the Epistle to the Colossians about such human ordinances as are made in the church: "Let no one make you conscience about food, or drink, or certain holidays" 2c.

For a distinction must be made in the church between the statutes of men and the right services of God, which are instituted and commanded by God, as it is said in the prophet Ezekiel: "I am the LORD your God, in my commandments you shall walk."

VI.

From the saints.

We cannot accept the piece in this article, in which it is said of two kinds of invocation of the deceased saints, namely, that we may be helped by reason of their merit; item, that they may be addressed, as the manner is: St. Peter, pray for me. For Christ thus says, "Whatsoever ye shall ask the Father in my name, that shall he give you."

God has presented this certain mediator and commanded that we should come to him, as he himself says: "Come to me, all you who are weary and burdened, and I will give you rest."

Therefore, if one prays to God through other mediators, the service is to be punished, especially that one should not establish a service in the church that does not have testimony from God's Word.

Item, the invocation, which addresses those who are not present, gives divine, omnipotent power to those who are invoked, because hearing every human heart's desire and sighing belongs to God alone.

And although a subtlety is sought in this to excuse it, it has no testimony in God's Word.

Also, the opinion in such invocations argues against imagined subtlety; for that is why they have recourse to the saints, that they think God is angry with them, and seek through the saints, as mediators, to bring their prayer before God.

And summa, since it is evident that by the dead saints' invocation of the Mediator of Christ's ministry is obscured, we cannot confirm the same by our approval.

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VII.

From the Mass.

The only sacrifice that atoned for God's wrath against the sin of the human race and was the payment for sin, and earned man reconciliation with God, grace and eternal life, is the death of the Son of God alone, who sacrificed Himself to His eternal Father, and was Himself the priest of His sacrifice, as the epistle to the Hebrews teaches.

But he has instituted several external church services or sacraments through which he communicates and applies the unspeakable benefits of this sacrifice to us.

The Lord's Supper is also one of these, in which he who does not eat the body and blood of Christ applies and appropriates to Himself by faith this benefit which Christ obtained by His death, which is the only true sacrifice; namely, if we recognize and believe that sin is certainly forgiven us because of the death of the Son of God, who sacrificed Himself for us; and through such faith we take hold of Christ and receive comfort. So the Lord's supper benefits the one who does not eat it, through faith.

Because in the mass there are these three parts, the custom of the supper, the remembrance, and thanksgiving, the ancient fathers called this whole action a sacrifice, not that it is the payment for sin, or that it earns others forgiveness of sins, but the prayer and thanksgiving are such sacrifices, which are called sacrifieia laudis, that is, such good works that we do to God that he may be honored by us.

Thus the oblatio or supper is not a work to be applied to others, or to merit forgiveness of sins for others, and yet it becomes a thank-offering to the one who eats it, because of the memorial, which includes many things, namely faith, invocation, confession or preaching, and thanksgiving.

For Christ speaks of such remembrance as is done by faith, and does not only want us to have the memory of history, as one usually keeps spectacles, but also that we may remember and receive comfort from the promise by faith, and lift up our hearts, and thus be saved from the terrors of sin and death, and be awakened to invocation, prayer, and thanksgiving.

These are undoubtedly the right services, so pleasing to him in the supper of the

Lord. And this is what the ancient fathers put on when they praise the Mass, as Cyprian says, the thanksgiving spreads; and praises both the forgiveness of sins, and on the other hand the glorious gifts given to us.

Therefore we do not think that the Mass should be applied to others, living or dead; for each one must apply to himself the benefits bestowed by Christ, in faith, through the Word and his own use of the Sacraments, not on account of another man's work or merit, as the Scripture says: "The righteous shall live by his faith."

Above this, the application for the dead disputes the institution of this sacrament, which is only instituted for the living, that they should eat it and practice the remembrance in faith therein. This is none of the business of the dead.

Therefore, it is right to deplore that the sacrament is not only used for the dead, but also that such an abominable abuse has occurred that the churches are filled with these masses for the dead everywhere, much 1) more than with the rightly necessary ministry and service that belongs to the living.

VIII.

From the private mass and custom of the whole sacrament.

In the book, advice is given that this should be conducive to peace, that in both parts the churches be allowed to keep their ways, namely that with us no mass be held without communicants; with the others, however, mass should be held even without communicants. But the people should be exhorted to take the sacrament more often and with Christian devotion, and diligence should be taken to restore the old custom of the church as much as possible. For this is certain, that first of all this custom was absolutely, that no mass is held without communicants.

From this article this is our concern: we can well see that the change is not to be made suddenly, for the people are to be informed beforehand of the right custom of the Sacrament.

We ourselves have not at once hastily established the proper custom of which St. Paul speaks, that one should hold a communion and wait for one another, that one may receive the body and blood of Christ all together. The old canons also command such a communion, and it would be highly desirable that this first manner not be changed.

1. "much" put by us instead of: "how much".

662 Cap. 18. of comparative religions. - W. xvn. 828-M. 663

For in the same way, the custom of the sacrament could be better understood, and the people recognized that such distribution was done to awaken and strengthen each one's faith in particular, and that each one appropriates to himself the benefit of the Lord Christ through faith. And at that time, the abuse of applying the Mass to others, living and dead, was not yet known or common, but each one who needed the Sacrament sought comfort and strength for his own conscience. Afterwards, when the first custom changed, the ceremonies were understood much differently; as human nature is inclined to want to make sacrifice and merit out of ceremonies; therefore it was invented that the priest sacrifices for the churches and merits for him and others. In addition, it has been said that a mephistopheles held for many does not deserve so much as a special one for each one; and it has been taught even more that such merit applies to the living and the dead, whether the priest is pious or not. Such terrible abuses followed after the first way was changed, which had been apostolic and catholic and remained for several hundred years after the apostles, namely, that at all times in the Mass the Sacrament was distributed to several more persons.

Now is quite not doubt, one must reject the application, ooer merit for others. Dead and living, must be rejected. For this delusion divides the merit into the suffering of the Lord Christ and the work of the priest, when it is written: "With one sacrifice he has perfected the saints.

For this purpose, the Son of God sacrificed Himself to the Father when He died for us, as it is written: "He sacrificed Himself" 2c. And no other high priest enters the most holy sanctuary, that is, without means before the eternal God, but Christ alone, as it is written of him: "By his own blood he entered the most holy sanctuary, and purchased eternal redemption," and did not command that others should offer him in the Lord's Supper, but wants this treasure to be distributed to others.

Item, each one should appropriate the benefit of Christ for himself by his own faith, therefore the sacrifice cannot earn anything for others.

Our High Priest Christ did not offer sacrifice in the Lord's Supper, but only distributed it to the disciples; he did not command that the sacrament be offered for others, but said, "Take, eat. Now it behooves us to do no other than what our High Priest Christ has done and commanded.

But that the sacrifice for others, or the appli

It is clear from this that the private mass remains a cation, because those who say such mass speak in their canon that they do such sacrifices for others, for the salvation of souls, for the living and the dead. Also, there remains in the people this delusion that the mass is for the highest service on earth and necessary for others, and for this reason they order and establish masses for themselves and for the dead.

These errors and abuses must be punished; but if there were unity of doctrine, if the people were properly instructed in the use of the sacrament, in the faith, and in right invocation, and if application or merit were punished for others in preaching, and if those who wished to drop the private mass were permitted to do so, then there would be no public discord or division, because there would be unity in doctrine, although some persons would not change their custom so soon.

Of the custom of the whole Sacrament we ask very much that the poor consciences' need be taken into consideration, which in many places are severely distressed. You know that it has been customary in the Church to administer the Sacrament in its entirety; you also know that this has been ordered and commanded by Christ, as St. Paul says: "I have received it from the Lord, which I have given you. Since it is necessary to keep the last will of man, much less should the last will of the Lord Christ be broken. Now Christ has given to this sacrament the name and title of his last will, saying, "This is the cup of the new testament."

Many people have this report now, and where one does not give the whole Sacrament, some remain completely from the Sacrament, some received it with wounded conscience.

Since this sacrament should be a consolation, and should be enjoyed with a good conscience, so that one could give thanks to God and cheerfully praise the Lord Christ and His grace, as it is called thanksgiving, Eucharisia, it is highly necessary to help people so that they do not have to use the sacrament to violate their consciences.

If then there were unity in the doctrine, and the people were brought to a whole custom, then there would be unity. For since the persecution would have ended and the right doctrine would now be presented to the people, there would be no public discord or division. For ours do not accuse those who do not yet have sufficient report, and yet allow themselves to be instructed, but accuse the persecutors, and those who have the

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The first is to defend the counter doctrine, namely, that it is right to prohibit a part of the sacrament or to praise such a prohibition.

For this reason the church before this time is not condemned by us. For even the holy church often has some stubble, as St. Paul says, which God forgives, like other ignorance, to those who nevertheless receive the foundation or head, that is, who by faith ask forgiveness for the sake of the Lord Christ.

And in the abuse of the masses and the service of saints there has been much great sin; therefore the Scripture prophesies that the last days of the church will be full of great danger; just as the prohibition of marriage and monasticism brought much eternal damnation; so much has been lost through the abuse of the mass and the service of saints. Therefore, when the abuses have been brought to light and made known, they should not be protected and preserved, but should be stopped and corrected.

IX.

From the prohibition of priestly marriages.

The master of the book himself complains seriously enough about the vices resulting from the law in which priests are forbidden to marry, and wishes that this be corrected; but he puts it to the concern of the lords and regents that they advise how this should be corrected, whether priests should be allowed to marry, whether the old or the new canons should be kept; but besides this he gives enough to understand what his opinion is.

But we also wish and desire most of all that so many people in danger of their souls' salvation be helped by the high heads and potentates, and that the unchristian prohibition from the church be removed, out of which flowed so manifold abominable immorality, shame and vice.

St. Paul publicly calls such prohibition of marriage devilish doctrine. That this saying is true, experience proves strongly enough. For it is sadly evident what fornication and shame come from this law; but at the last judgment it will become more and more evident what great damage the devil has done to the church by this commandment, and how great a multitude of souls without number he has led into eternal damnation. For this is a true divine voice: "The fornicators, adulterers 2c. will not inherit God's kingdom."

But there are scriptures of ours in which it is clearly indicated that this law, which forbids marriage, is against divine and against natural law. Because one is now guilty of giving more to God than to God.

It follows that those who are capable of marrying do right, that they would rather live Christianly and with a good conscience in the marriage state than outside of it with danger and burdening of the conscience, or in public fornication and trouble.

Paul commands that a priest, or bishop, should be a husband. The voice of the apostle is to be preferred far above all human statutes. Therefore, we ask that this unjust and harmful law, which violates marriage, be abolished in the Church.

The first and foremost care in the church should be that the preaching ministry of the gospel be rightly appointed and established. In order that there may be competent, godly and learned ministers and preachers, we hold that such ministry or preaching office shall not be prevented by the imposition of certain unlawful laws, and shall be free to choose persons who are competent, whether they be married or unmarried; it shall also be free for him who is chosen single to be a minister, that he may thereafter be married; for this commandment is commonly said to all: "To avoid fornication, let every man have his wife."

But that this is contrary to the vow, we have answered elsewhere according to the length; the old Concilia were also not so hard on those who were married against their vow, as the new decrees. But this is the certain rule: the vow made against God's commandment is void. Since the vow to live without marriage is against God's commandment in those who are unable to abstain without marriage, we hold that neither priests nor monks' vows shall prevent anyone from becoming married.

Moreover, with such vows many other errors have been made, by which the right Christian doctrine of faith, by which one becomes righteous before God, and of right worship have been completely obscured.

Pope Siricius, when he instructed the priests in Hispania to leave their wives, cites this saying of St. Paul, Romans 8: "Those who are in the flesh cannot please God" 2c. He may have applied this saying to the marriage state out of great ignorance or hypocrisy, but by such a prohibition he has in fact strengthened unrighteous doctrine and delusion.

Now if unrighteous services are attached to such vows, it is certain from the other commandment of God that such vows are not pleasing to God, for when He says, "You shall not take God's name in vain," He also decrees that one may

666 Erl.55,sssf. Cap. 18. of comparative religions. W. XVII, 83S-8S6. 667

not to call upon him through unrighteous worship. Therefore, all vows made under such erroneous delusion are null and void, as if it were held that living without marriage is a highly special work, so that a person deserves more grace from God; or if married life is held to be such a state that does not please God, or is ever difficult to please God, or that thereby the priests or the administration of the sacraments become impure, even though it is written: "All things are pure for the pure" 2c.

But in this whole matter we hereby wish to refer to our previous writings on marriage and monastic vows, in which we have sufficiently and clearly shown how many errors there are in the monastic life as it has been up to now. Therefore, we did not want such errors to be reestablished or confirmed.

And since in many places the parish priests and preachers, as well as schoolmasters and poor students, do not have entertainment, the common high need demands that especially such persons be helped from the monastery estates. St. Paul says: "No man of war serves without pay". Now such large estates and incomes of the monasteries are first of all given to the churches for the preservation of the preaching ministry and pastoral care, and the studies. Therefore, whatever is necessary should be taken from it, so that the churches have appointed ministers and preachers, and schoolmasters and poor students may be maintained.

1370. Luther's concerns, addressed to the Chancellor D. Brück, about the comparison of religions.

Between April 4 and 7, 1541.

The original of this memorial is in the Codex Seidel, at Dresden. Printed in the Leipzig edition, Supplement, No. 180, p. 70; in De Wette, Vol. V, p. 339 and in the Erlangen edition, Vol. 55, p. 299. Our determination of the time results from the fact that Luther writes to Melanchthon on April 4 that he was "today" given by D. Brück the advice of the Landgrave of Hesse <De Wette, vol. V, p. 337), and on April 7 our concern was added by the Elector to the letter to his envoys (ibid. p. 338).

Dn. Doct. Bridges. Concerns Martini Luther D.

First of all, I consider that I no longer want to trust the landgrave and Bucero.

On the other hand, I'll leave it at the articles on 'Schmalkalden'; it won't get any better, and I don't know what else to do.

My dear doctor, I am speaking to you as I am in the presence of our Lord, that I am sufficiently puzzled by the landgrave and his people that they turn back the Lord's Prayer in this way, and first seek peace and quiet, regardless of where the first thing, namely God's name, kingdom and will, remains. What is it that one seiget the mosquitoes and devours the camels? If one wants to seek comparison in religion, one should first begin with the fundamental parts, such as doctrine and sacrament; when these are compared, the other external things, which they call neutralia, will take care of themselves, as has happened in our churches, so that God would be with in the concordia, and peace and tranquility would be constant. But where one wants to leave the great pieces and let the neutralia act, then God is forgotten; then peace may come without God, for which one would rather suffer all discord. It will work out, as Christ says in Matth. 9: "The new cloth on an old coat makes the tear worse, and the new must breaks the old barrels. Either make it new, or let the mending stand, as we have done, otherwise it is all vain work.

I worry that the landgrave will let himself be pulled and would like to drag us along with him. But he has pulled us (I mean) enough and well in his cause, he shall pull me no more. I wanted to take the matter to myself again and stand alone (as in the beginning). We know that it is God's business, he has begun it, he has led it himself until now, and he will lead it out. Whoever does not want to follow, let him stay behind; the emperor, the Turk, and all the devils shall gain nothing here; let it be over us as God wills.

I am perplexed that they regard these things as if they were worldly, imperial, Turkish, princely things, in which one can give and take by means and master, with reason. It is a matter in which God and the devil, together with angels on both sides, act themselves within; whoever does not believe this, will do no good in it.

I know this well, that you yourselves also think and know. But it must be said that you see how my pr. *nr. pater noster* is angry and complains about falsos fratres, who cause us more harm and trouble than all enemies, as Jude 2c.

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Praise God, our churches in the Neutralibus are so arranged that a layman, or a whale, or a Spaniard, who could not understand our sermon, if he saw our mass, choir, organs, bells, casels 2c., he would have to say that it is a true papal church, and that there is no difference or even little difference between it and the churches that they themselves have among themselves; what more can we do, then, without, according to the landgrave's whim, destroying and misleading our churches here, and doing nothing with the papists there, but to divide ourselves (under a good pretense) and become divided even among ourselves. That is what the devil would like to have! God forbid him. Amen.

For the sake of the church's goods, nothing is to be given way. Unless the papists first recognize and atone for their idolatry and blasphemy. As they know that God demands and wants, who does not want to forgive nor let go unrepentant idolatry and hardened blasphemy, and certainly does not want to have such peace accepted and suffered by us again, or will condemn us together with them. If they have repented and condemned their blasphemous monasticism, and want to help us preach, govern churches and schools faithfully, they shall find goods enough; if they do not do so, then they give to understand grossly that we, as apostates from the Word, shall accept, tolerate and help protect their idolatry. Let the devil do this, and let it be done to us as God wills. I would like to talk to you further, but I must not try the air nor the head with much talking. I am doing almost too much with writing.

1371: Martin Luther's letter to the Elector John Frederick, about the adversaries' sophistry in the article on justification, and about the Elector of Saxony's move to the Imperial Diet in Regensburg. Shortly before the

May 10, 1541. 1)

This letter is found in the Wittenberg edition (1559), vol.XII, p.307; in the Jena edition (1568), vol.VII, p.445; in the Altenburg edition, vol.VII, p.484; in the Leipzig edition, vol. XXI, p.408; in the Erlangen edition, vol. 55, p.303 and in De Wette, vol. V, p. 353.

1. This time determination is according to Seckendorf, Nist, lik. > Ill, x. 356 b by De Wette.

1. grace and peace in Christ 2c. Most Serene, Highborn Prince, Most Gracious Lord! We have received the writings sent to E. C. F. G. and have read everything with diligence. And first of all E. C. F. G. has rightly judged that the rotel of comparison is a broad and patched thing. For we also note from M. Philip's writing, which we are sending over herewith, how it is to be accessed, namely, that M. Philip first set forth a true rule, how we (Rom. 3) "are justified by faith alone, without works". They could not accept this, and put another one: "Faith (Galatians 5) is active through love"; this one was also rejected by Philip. In the end, they rhymed and glued the two rhymes together; from this has come this extensive, patched-up rhymes, in which they are right and we are also right.

(2) If now D. Eck confesses (as he will not do) that they did not teach like this before, then this comparison will stand for a while. But if he will boast (as he certainly will) and stand on the saying Gal. 5: Faith is active, and that they have taught in this way all along, then it is a comparison, as Christ says Matth. 9: A new cloth lapped on the old skirt, because the tear becomes worse. For with such false unequal people, because they do not let go, no other comparison can be made; then they will cry out that they were right. On the other hand, our people say that they have well guarded against them with the new cloth and transfiguration that is in the robe, and especially that they have stipulated that they do not want to give up anything of the confession.

(3) So we are further divided than before, and their false mischievous cunning will come out, which they have masterfully concealed in the Rotel, as they think. And this will happen soon, when they come to the other articles, which flow from this main article, and are based in it; as then ours smell it, and almost ready themselves confess, since they condition: Where there is no comparison in other articles, this Rotel should not be either; for they notice the falsehood in it. So we will again have to come to our first and right rule or form, which is this, Rom. 3, 24.

670 Erl. 55, 304-306. cap. 18. of comparisons of religions. W. XVII, 838-841. 671

We hold that a man is justified by faith, without works of the law. This is our note and form, we stick to it, it is short and clear; against it may storm the devil, Eck, Mainz and Heinz, and whoever does not want to leave it; we want to see what they win.

(4) Gal. 5:6 does not speak of becoming righteous, but of the life of the righteous; it is much different: Fieri, et agere, esse, et facere, as the boys learn in the schools, verbum activum et passivum; there is actually and differently to speak of it (which Eck and that part cannot stand, or does not understand). If one asks by what means one becomes righteous before God, it is a very different question than if one asks what the righteous does or does not do. Becoming and doing are two different things; becoming a tree and bearing fruit are two different things.

Now in this article there is no question of doing or living, but of becoming, as the words of St. Paul are there, "becoming righteous by faith"; without doubt, that he who has become righteous does not remain without works, as the tree does not remain without fruit. But the popery of the papists is this (which will be found in the following articles), that one becomes or is justified not by faith alone, but also by works, or by love and grace, which are called inhaerentom (which is all the same). All this is false, and where they have it, they have it altogether, we have nothing. For nothing is valid before God, but only his dear Son Jesus Christ, who is completely pure and holy before him. Where he is, there he looks, and is well pleased with him, Luc. 3:c22. Now the Son is not taken by works, but by faith alone, without all works, and is grasped in the heart. Then God says, "The heart is holy because of my Son, who dwells in it through faith.

(6) Love and works are not, nor can they be, the Son of God, or such righteousness as is pure and holy in the sight of God as the Son is; therefore they cannot by themselves exist in the sight of God as a pure righteousness, as the Son exists. The fact that they are called righteous and holy is due to grace, not to law, for God is the one who has made them righteous and holy.

will not look upon them like his Son, but for his Son's sake hold to account, and not reckon their uncleanness, and also crown and reward them; but all for the Son's sake, 1) who dwells in the heart by faith; otherwise it is said: Non intres in judicium cum servo tuo.

7. on the other part, E. C. F. G.'s personal appearance at Regensburg. We have always, before we knew of such a complaint against E. C. F. G., sincerely prayed to God that E. C. F. G. would not go personally to the Diet in these dwindling dangerous times; for E. C. F. G. himself is the right man whom the devil seeks and believes before other princes. And there is no way we can advise E. C. F. G. to leave the country, for which we have also asked E. C. F. G. cordially and for God's sake; we are also pressed by reasons.

8 Because also Imperial Majesty accepted the apology, E. C. F. G. Majesty's apology accepted, E. C. F. G. may well continue to rely on it, and E. C. F. G.'s heartfelt complaint, especially because such a noble message from E. C. F. G. has been decreed. For E. C. F. G. see how they deal with ours in religion, like the devil. Where E. C. F. G. himself should be there, and thus be urged, E. C. F. G. would certainly not find enough words of defense in the end. For there is no letting up with stopping until they get something, as I experienced myself at Worms.

(9) This is how it is: if the C.F.G. does not appear, the displeasure will be sought as if it were a disobedient or obstinate person in the whole kingdom; but if the C.F.G. comes and does not agree to everything, or perhaps does not agree to one thing, the same displeasure will still be there, and in addition the disgrace, perhaps also an evil conscience forever. If it is ever to be ventured, then the first displeasure is better than the last, both with disgrace and damage to the conscience. For now is not the time, as before in the imperial days. The emperor is not the emperor, but the devil.

1. The bracketed words stand alone in the Jena edition. It seems to us that in the Wittenberg edition, which the others followed, these words are omitted from the sentence by the return of the words: "Sohnes willen".

672 Erl. S5, 308-308. section 3. colloquium at Regensburg. No. 1371 f. W. XVII, 841-843. 673

Mainz, whose lists are groundless and bottomless, together with its appendages; all of them will make the journey and trouble in the conscience with good sweet words, or with evil E. C. F. G., and help a lot of our part to it.

(10) Because C.F.G. sees the certain journey and no fruit, it must be considered that C.F.G. does not tempt God, and knowingly, without necessity, puts himself in danger. To be obedient to the emperor is fair; yes, if it were emperor, and the right emperor. For his person, we want to hope that he is pious and kind; but that he is not powerful himself, can be seen, among other things, in the fact that he has handed over the book, 1) sent to me by the Margrave (as Prince Wolf writes), to the theologians, and has declared it useful; which, however, has been provided and decorated by Mainz or his peers, so that one can see how the Emperor neither understands nor does anything in this matter. Summa, it is the murder burning, and all that they hope, played on E. C. F. G.. Therefore E. C. F. G. should and may well stay away from the Imperial Diet, and excuse themselves with whatever they can. Mainz, Heinz are not pious and will never become pious. If E. C. F. G. wants to get along with the devil himself, they may not go to Regensburg, but they want to get it in Torgau.

Accordingly, we humbly request that the C.F.G. remain in the country. If a journey should result from it, if staiser should become ungracious and angry, if country and people should be to be dared, then E. C. F. G. must command God, who has not left us so far. It is better to live with a good conscience in driving and disgrace, than with an evil conscience in peace and grace. We are sure that we do not mean any good, honor, or violence in this, but only God's word faithfully. He who began it will also complete it.

Finally, we ask that E. C. F. G. not write too harshly to M. Philip and ours, so that he does not grieve himself to death again. For they have reserved the dear confession for them, and still remained pure and firm in it, even if everything is lacking. The disputation will not go off without fruit, to the detriment of the papacy, as Christ says

1. No. 1369 - "Prince Wolf" is Wolfgang von Anhalt.

To Paul, 2 Cor. 12:9: "My power is made perfect in the weak." Just as Christ has always been weak in us, and yet has conquered the mighty. His way is thus, do not do otherwise, lest we become proud or boast as if we had done something in such high divine majesty matters. Herewith we command the dear God, whom we heartily pray and implore for E. C. F. G., who will also hear us, amen.

E. C. F. G.

subservient

Martinus Luther.

1372. Luther's letter to the Elector John Frederick, together with Bugenhagen, concerning the settlement of religions. June 1, 1541.

The original of this letter is found in the 6o<1. Krickel. at Dresden. Printed in the Leipzig Supplement, No. 171, p. 93; in De Wette, Vol. V, p. 363 and in the Erlangen edition, Vol. 55, p. 312.

To the most illustrious, highborn Prince and Lord, Johann Friedrich, > Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, > Landgrave of Thuringia, Margrave of Meissen, Burgrave of Magdeburg, > our most gracious Lord.

Grace and peace in Christ. Most Serene, Highborn Prince, Most Gracious Lord! We have received and read the letters and writings sent to E. C. F. G.. And we must praise the Emperor's mind and understand in the best possible way that, if God (who has the King's heart in his hand) would thus continue to preserve it, it will create much good. But because we know that we do not have to fight with flesh and blood, we must keep to the saying: The field wants to have eyes, the forest wants to have ears. For since the Heinz is nevertheless suffered there, and these words are among others: "We have the same book on both sides, but not the same mind, for the sake of the dark words," 2c., we have to worry whether the emperor wills that the others will not be of the same mind. But because the emperor is so far away, that it should be

674 Erl. 55,313 f. Cap. 18. of comparisons of religions. W. XVII, 843-848. 675

If the meeting is to be a non-binding discussion, and if it is to be based on the approval of both the Electorate and the Princes, then we are right to show ourselves to be friendly and smooth. For that they have indicated to M. Philipps have stated: We certainly take this into account, because they are despondent about the main matter, they are looking for a disgrace, whether the emperor would want to break off the conversation (which he wants to have led out); for the emperor nevertheless does the pope a great mischievousness with this conversation, which he does not like (it would have happened before), and they, the theologians, do not give in, for they may receive in France, Hispania and with others that it is to be hoped that the day will work something good. But, as God wills, ours have held firm and well. And our prayer (that is what we feel) has been heard and continues; it will also bring the matter to a just end, as we have been promised by the mouth that cannot lie. Hiemit dem lieben GOtt befehlt, Amen. Midweek after Exaudi (June 1) 1541.

E. C. F. G.

understated

Joh. Bugenhagen Pommer, D. Martinus Luther, D.

1373: Excerpt from a letter of Cruciger to Bugenhagen, which refers to the subject treated by Luther in No. 1371. May 19, 1541.

This document brings Seckendorf, Ri8t. Lutd., lid. Ill, p. 357 a from the eollectaneia Valent. Lavari, tom. II, p. 448. In the Germanized Seckendorf p. 1985, from which Walch took it. Walch has an inverted superscription and the date is missing.

Newly translated from the Latin.

We have seen your opinion about the patched up formula 1) in the first article. If the formula that Philip wrote, which simply and clearly contained the right opinion, had been accepted, no one could have found fault with it. Now that there was such a dispute about the opinions that the opponents let it be known that they accepted the same one

1. Luther uses in No.1371 the expression: "Rotel".

But if they did not want the formula they presented to be completely rejected, this patchwork could not help but leave a few words that either contained something clumsy or could later be twisted by the subtleties of those. Therefore, we ourselves and the others do not like it very much. But nevertheless, because it still has to be reported publicly, it has been tolerated for the time being, in the hope that if they agreed with our teaching in the other parts, it was considered easy that what was still lacking here could be improved and mended.

1374 Another letter from Luther to the Elector of Saxony, concerning the settlement of religions. June 6, 1544.

The original of this letter is in the 6oä. Lsiäel. at Dresden. Printed in the Leipzig Supplement, No. 174, p. 94; in De Wette, Vol. V, p. 365 and in the Erlangen edition, Vol. 55, p. 314.

To the most illustrious, highborn prince and lord, Lord John > Frederick, Duke of Saxony, Archmarshall and Elector of the Holy Roman > Empire, Landgrave of Thuringia, Margrave of Meissen and Burgrave of > Magdeburg, my most gracious lord.

Grace and peace, most illustrious Highborn Prince, most gracious Lord! This hour I have received E. C. F. G.'s letters and correspondence, to which I give my humble answer: that I am also surprised that a message should be sent to me. And although I get strange thoughts from the next writings without that, so it is now on the day when they will send a message to me, that there is nothing else sought so far and still, but our highest and worst 2) Un glimpf, perhaps also finally to excuse the murderers. God the Lord overthrow also Heinzen and Mainzen, who are now the world rulers next to the devil.

Well, in the name of God, let them come. I have not written anything special to the Margrave in response to the book sent to him, except that it would be like Duke George's Re-

2. Walch: "most devoted".

676 Section 3 Colloquium on

Regensburg. No. 1374 f. W.xvu.ws-848. 677

formation, which would be much less to suffer with the papists than with us; but to his own reformation, which is very delicious in the first place, I have answered (as much as I think), I like it well, but the backside would also have to be over with time. Just as none of his preachers wanted to accept it.

Summa, nothing has happened, and it goes as it went with me to Worms, when they also wanted to catch me in words. But Christ passes through. So I will also keep to E. C. F. G.'s advice, because I am ready and 1) almost unhappy that they started so friendly, and yet have hostile everything in mind, and all lies, falsehoods and devil's cunning are there 2c. Hiemit dem lieben GOtt befohlen, Amen. Monday in Pentecost June 6, Iloru XI. 1541.

E. C. F. G.

subservient

Martinus Luther.

1375: Several princes, especially that of Anhalt, sent an impressive advertisement to D. Martin Luther about the comparison of religions. June 10, 1541.

This writing is found in the Wittenberg edition (1859), vol.XII, p.304d; in the Jena (1568) vol.VII, p.442; in the Altenburg, vol.VII, p.482 and in the Leipzig, vol. XXI, p. 405.

Firstly, that the Elector of Brandenburg and Margrave George have sent Prince Johansen of Regensburg, together with the others, to the doctor with credentials and verbal advertising, and have also ordered him to take Prince Georgen, Cathedral Provost 2c, with him, which he could not refuse.

I. After the delivery of the credentials of the most esteemed sovereigns and princes, greetings and gracious offer to the doctor to indicate.

2. Majesty has called for the Imperial Diet out of the most gracious fatherly opinion, namely, on account of the errors in the holy religion, which are to be brought to a Christian settlement, also on account of the Turks, and to the German nation, as the poor fatherland, for peace, tranquility, salvation and comfort.
3. at the request of the most illustrious princes and sovereigns, the imperial majesty has been kindly disposed and diligent. Majesty's kind mind and diligence.
4. and their imperial majesty. Majesty's various people have been ordained.

1. Perhaps: "bereitan".

The command was given to speak Christianly and freely, to seek God's honor and the truth of His divine Word alone.

When the dispute of religion was based on doctrine and external usage, the most important articles of doctrine, namely de justiticatione, and the appendices, were discussed by measure. Of some articles, however, the religion relatives, since one with the Papists still errs, opinion 2) is handed over, which article Capita records in the note, of which the doctor has undoubtedly good report.

Since the doctor, through divine grace and enlightenment, first brought this doctrine to light again, he also requests for all others, highly esteemed sovereigns and princes, with gracious desire, to help promote, 3) that therein Christian, painful means be taken, so that this wholesome doctrine would also be further brought, and less increased; for it is to be hoped, since the doctrine of the main article is further brought, then the other abuses must also fall.

(7) And to fear, if there be no agreement, that much mischief may come of it.

8. that the Turk could not be resisted, with a description of his cruel actions and the lamentation of the poor people whom the Emperor wanted to save and keep in the Christian faith. Maj. would like to save and keep in the Christian faith. And if this did not happen, we would have to worry that he would also undertake to eradicate the Christian religion among us.

(9) If in all this there could not be a finite comparison, that the measure of what is possible should be tolerated, for the sake of love, so that no anger should follow; that nothing should be foreseen for Christian love. That one must be patient with those who have not yet been sufficiently instructed, examples in the Old and New Testaments, which are not necessary to relate. It would also be imperial Majesty's Majesty himself would be unable to do away with all this, and with his own, since it is not taught, even annually.

10 Thus it has been noted at the Imperial Majesty. Majesty, so the measure of the matter is taken, that all public abuses, since it is the duty of the Emperor to do so, are to be abolished. Majesty is to do, are to be abolished; that the Venetians are waiting for this final decision 2c. that by this God's word will be spread more 2c.

11 And because the doctor has allowed himself to be heard, so that the doctrine is left free and pure and tolerated, and the people have also received communion, patience would again be required in other articles:

2. The Protestants' counter-articles against the Negensburg Interim. See No. 1369.
3. Wittenberger: "verfordern"; "Jenaer: "verfördern".

678 Erl. SS, S15-SI7. Cap. 18. of comparisons of religions. W. XVII, 848-850. 679

If the final settlement would not be reached, the compared articles would remain, and the others would be postponed with a comfortable measure.

For if the Diet were to dissolve without any fruit, many people would be frightened, and there would be a disruption of all police forces, even among our schismatics.

13 Finally, they ask that the doctor himself indicate good means and ways, which the mentioned sovereigns and princes want to promote with diligence, so that the disputed articles may be completely cut off, or good measures may be taken. However, they do not seek anything else in this, but that without interruption of divine word and annoyance may well happen, with the request to note such in the best and out of loyal good opinion.

1376. Luther's Answer to Princes John and George of Anhalt on Previous Advertisement. June 12, 1541.

This writing is found in the Wittenberg edition (1559), vol.XII, BI.305K; in the Jena (1568), vol.VII, BI.443; in the Altenburg, vol.VII, p.483.The original of the first draft is printed in Burkhardt's "Dr. Martin Luthers Briefwechsel", p. 385; the same has no date.

1. grace and peace. Most Serene, Highborn Princes, Gracious Lords! As I heard the day before yesterday from E. F. G. the advertisement to me, on account of my most gracious and gracious lords, Mr. Joachim, Elector 2c., and Mr. Georgen, Margrave of Brandenburg, cousins 2c., and thereupon orally gave my prompt answer in haste: therefore, out of further concern, I have put it in writing in this form, as much as I can keep, and send E. F. G., according to her request, the same herewith in writing:

First of all, that I gladly and with pleasure hear that it is Imperial Majesty, our most gracious Lord, means so cordially both with settlement in religion and peace in the realm. Majesty, our most gracious Lord, means so cordially, both with the settlement in religion, and peace in the realm. May God the Lord reign over His Imperial Majesty. Majesty. Heart to His praise and honor, and to the welfare of the Empire, Amen. So I also know

to boast before God and in my conscience that I am also highly inclined to such two things and direct my earnest and 1) poor prayer to them daily; I also cannot doubt that princes and estates in this part are of the same mind, as they abundantly prove not with words but with deeds, for they inflict much on this and tolerate and suffer much more, finally also the murderous fire, and yet sit quietly and 1) do not take revenge.

(3) Secondly, that the four articles should be compared, I would also like to hear; however, I have not seen any of the formulas, except for the one of justification, except for what I have thus heard. But I told E. F. G. the day before yesterday 2) that it is impossible to agree that part with us, and it is also not in the Imperial Majesty's power. Property. For oh it is equal to kais. Majesty is most graciously serious and good, that part is not serious to be reconciled with God and according to the truth. Majesty perhaps turn a nose at it. For if they were serious, they would not leave the other ten articles uncompared, since they know and understand that they are all ten condemned violently and in bona consequentia from the four compared, especially from the article of justification. But they have kept out of all these ten, which most vehemently dispute and condemn the compared four articles; 3) from this I can well understand that it is not that part's earnest that they want to leave their right mind to the same articles.

4 Thus, in the article on Justification, I have found the error that the liberum arbitrium is in it, 4) and the saying of Sl. Pauli is introduced in it, Galat. 5: Fides per dilectionem efficax est, which therefore rhymes with nothing at all. For St. Paul does not say: Fides per charitatem justificat, which they mean (as I must take care), because their opinion is wrong, but so he says: Fides per charitatem operatur, vel efficax est.

1. "and" is missing in the first draft.
2. With Burkhardt here, just as above at the beginning: "yesterday".
3. The following up to the end of this paragraph is missing in Burkhardt.
4. In Burkhardt: "stund" and immediately following: "war" instead of: wird.

680 Erl.55,3i7f. Section 3: Colloquium at Regensburg. No. 1376. W. xvii,8S0f. 681

Thirdly: Because my most gracious and gracious lords of Brandenburg request of me through E. F. G. that I give advice on how a measure can be taken with such ten articles so that the Diet does not go without fruit. 1) I would be heartily willing to do this if the matters were in such a form that I could advise on them. However, I have not seen all of the ten articles as they are supposed to have been presented by the lower theologians of the other part. But I have seen how they put ours, and they please me and are the truth.

6. Therefore, where Imperial Majesty cannot bring that part to a serious comparison, it has been worked with them in vain. Therefore, if Your Majesty cannot bring that part to a serious comparison, then it has been worked with them in vain; 2)
7. The following up to the end of the paragraph is missing in Burkhardt. Instead, it continues like this: "I have thus said at my discretion, as K. Mt. has said that part" 2c.
8. Instead of the following until the end of the document, the first draft contains this: "But if S. K. Mt. wants to have a serious comparison in the four articles for herself, or who wants to keep it with her K. Mt. would write out to hold these four compared articles for the pure Christian doctrine, but leave the other ten in place, so that we tolerate them for our part for the sake of the weak and unintelligent, who accept the first four articles seriously, for a time, until they also hear it preached, and taught *) how they are erroneous and to be left or avoided. For where the first four articles go pure, there the poison would be taken from the ten, and smans would not have to cast away the weak as the unclean children, as St. Paul says: Inürrourn in illäs knseipite, but by the four articles, as a bath, practice daily to wash them in it. Their children may well be unclean, but the bath must be and remain pure, and not be defiled by ten leprous articles, just as Christ tolerated the apostles in many ways, which would have been condemnable, if they had not remained firm in him, let themselves be cleansed and taught daily; and the apostles also suffered the sacrifice and law of Moses, yet abrogated and now harmful, where one alone held to de? Justification üciei.

"However, I do not advise, but rather strongly oppose, that His Holiness should let such tolerances go out as a dogma or decree in His Holiness' writings, but should let it remain a free opus, where one would come to weaknesses or find them. For if it became a dogma, the stiff-necked, spiritual tyrants would want to keep it and defend such articles as right, by an eternal tolerantia, and not let it come to the strong or the weak, as I know of some in the vicinity. For I said yesterday that we want to condemn those who know it well, and still want to hold and defend, and from this the war would be worse.

*) "taught" --- learned.

For even though the first four articles are set up in such a way that we accept them from both parts, in the ten we remain unchanged. Thus, among the ten articles are those that openly and clearly go against the first commandment, so that one can neither argue nor tolerate anything in them.

(7) Nor can I consider that there is any reason that would excuse tolerance against God, since there is no weakness on the part of the authorities, nor on the part of those who assume the offices and ministries of the churches on the other side, but rather a loud and deliberate tyranny. They would never become strong and want to persist in eternal tolerance, and defend such articles as right. But we want to condemn them, as I said to E. F. G. next, because they know their error and still consider it right, and want to defend it. They would also abuse such tolerance in such a way that they would want to keep their people (even if they well reported the right doctrine, and recognized reported pieces for an error with the right reason of the Scriptures, and would become strong) always imprisoned and bound in such articles.

8. although we would otherwise be able to bear with their weak ones, who have not yet heard God's word, in one form for the sake of the sacrament; item, those who, out of weakness, would consider it necessary to tell all their sins in confession, could well bear with patience for a time, until they would also become strong. And they would not be able to become strong if the first four articles were preached to them rightly and clearly on the other part, and especially the article of justification.

(9) But where the Imperial Majesty decreed that the first four articles should be preached purely and clearly. Majesty wrote out and provided that the first four articles should be preached absolutely purely and clearly, and be held to be Christian, then they would take away the poison from the ten, and teachers and listeners would soon, and from day to day, become stronger through daily practice in such teaching, and the ten articles would thereby have to fall from themselves, as has also happened with us. For in such a case one would have to consider the weak, as those before, but that should be enough, as said, that the four articles would be written out, to be Christian, the other ten S. K. M. could not have brought to comparison this time."

682 Erl. 65, 818-320. cap. 18. of comparisons of religions. W. XVII, 851-854. 683

unclean children, do not throw them away, as St. Paul says Rom. 14,1: Infirmum in fide suscipite. For children may be unclean, but the bath must be and remain pure, and not be defiled by ten leprous articles; just as Christ tolerated the apostles in many things, which would have been condemned if they had not held fast to him, and had allowed themselves to be cleansed and taught daily.

(10) But if the four articles were not to be pure and taught, nor were such preachers to be set up in the other part as would preach the four articles purely in their preaching, tolerance would become a perpetual hardness among them, as I have touched upon, and their people, being still weak, could never become strong. For, as St. Paul says: Quomodo audient a praedicante, quomodo vero praedicabunt, nisi mittantur etc.. Therefore, no Christian comparison could be made between us.

But if the four articles were allowed to be preached purely, then Imperial Majesty could make a convenient appendix in her letter. Maj. might well make a convenient appendix in her invitation to preach the ten articles, namely: although Her Majesty could not have compared them this time, it is to be hoped that, if the first four were preached purely and admitted by the other part, the comparison of the ten, from the clear report of the four, and their application, would also soon compare itself through the sermon. But if the four articles would not be admitted to be preached purely by the other part, then it would be public that they would have no desire for a righteous comparison: there no tolerance could take place.

I will also inform E. F. G. of this in writing at her request. That is my concern.

However, after the discussion has been unleashed in such a way that what is compared by the Six is to be brought to all estates, I do not know myself to be separated from the estates of this part by this, nor do I want to be separated. E. F. G. I am quite willing and ready. Date June 12, 1541.

1377 D. Mart. Luther's letter to the Elector John Frederick, jointly with Bugenhagen, in which he expresses his opinion about the book presented at the Diet of Regensburg and the declaration of the Protestant theologians about it. June 24, 1541.

The original of this letter is in the 6oü. Lsiüsl. at Dresden. Printed in the Wittenberg edition (1559), vol. XII, p. 309; in the Jena edition (1568), vol. VII, p. 447; in the Altenburg edition, vol. VII, p. 484; in -the Leipzig edition, vol. XXI, p. 409; in the Erlangen edition, vol. 55, p. 319 and in De Wette, vol. V, p. 373.

To the most illustrious, highborn prince and lord, Mr. Johann > Friedrich, Duke of Saxony, Archmarshall and Elector of the Holy Roman > Empire, Landgrave of Thuringia, Margrave of Meissen, Burgrave of > Magdeburg, our most gracious lord.

Grace and peace. Most noble, highborn prince, most gracious lord! We have read the book and the answer given to us, and it is exactly the same book that the Margrave sent to me before, and I answered that it was Duke George's and Meissen's Reformation, which can suffer that part as little as we can. 1) What the master sought with it, however, I pay no attention to; what the emperor and the great lords (as the margrave respects them) meant in it, I also let go; everything there is vain falsehood, and light-angelic 2) appearance, God will be too wise for them, amen.

Our people have responded well, and I am especially pleased that the two devils, Satisfaction and Missa, are so well paid for by M. Philippo. God, who began it without our strength and understanding, will lead it out, as he knows.

That of the patriarchs is a speech of the snow (as one says) which fell before the year. It has never really come to a head. For the Saracens came early over Alexandria, Jerusalem and Antioch; so the pope also did not like it, and is therefore in the

1. See No. 1374.
2. In the original: "liecht englischer", which De Wette wrongly resolved by: "leicht englischer"; the Erlanger reprinted this, although the old editions have the correct reading.

684 Erl. 55.3S0-3SS. Section 3: Colloquium at Regensburg. No. 1377 s. W. XVII. 854-856. 685

books, much less now something 1) will come of it. Christ our dear Lord keep E. C. F. G. and help the cause to a blessed end, Amen. On St. John's Day June 24 1541.

E. C. F. G.

Martin Luther and Johannes Bugenhagen, pastor. 2)

1378 D. Mart. Luther's letter to Elector John Frederick of Saxony stating that the compared articles should not be accepted. June 29, 1541.

This letter is found in des Flacius deutscher Briefsammtung, No. 6; the beginning is added there at the back. Printed in the Wittenberg edition (1559), vol. XII, p. 308 d; in the Jena edition (1568), vol. VII, p. 447 d; in the Altenburg edition, vol. VII, p. 484; in the Leipzig edition, vol. XXI, p. 409; in the Erlangen edition, vol. 55, p. 321 and in De Wette, vol. V, p. 376.

1. grace and peace in Christ. Most Serene, Most Reverend Prince, Most Gracious Lord! As I said in the beginning, and still say, experience also proves that the comparison made in religion is a pure Mainzian and Papal deception; for it is impossible to compare Christ with the serpent, and nothing is sought in it but our displeasure. I would not like to see our doctrine well discussed, purified and recognized, as happened at Augsburg.

2. That E. C. F. G. now request our opinion of the four compared articles, we ask beforehand that E. C. F. G. demand M. Philippus and D. Caspar Creuzigern home again after they have worked out and the matter has now reached the princes on both sides. For my opinion, if it should arrive before they were gone, it would become burdensome for them. For there is the devil, Mainz and Heinz at home. E. C. F. G. will also know the ways to leave,
3. In the old editions: "ichts" instead of: "something". De bet offers: "wird nu mehr nichts", which the Erlangen edition reprinted.
4. The entire letter, even Bugenhagen's signature, is in Luther's hand.

that are safe for them. That is where God helps! I am careful for them.

3rd Most Gracious Lord! If the Emperor, or (whether I exclude the Emperor's person) those who are doing it for his sake, were serious about making a concordia or settlement, it would have to be done with God or in God's name. That is so much said in German, they would first have to reconcile with God, publicly confess that they have done too much for the cause so far, that the Pope has seduced so many 100,000 souls in 600 years, and that the Emperor has burned, drowned, murdered 2c. so many pious people in these 20 years, or ever let it happen according to his edict.

Dear Lord God! even if we would like to or could compare ourselves with them in this, the judge above will not allow it; "the blood of Habel will not let it go that way"; or, if we agree to it, they would like to condemn us as well. I will keep silent about the fact that E. C. F. G. as a prince of the empire, together with his relatives, is condemned and not yet absolved, but punished by fire, by assassin burners, and not yet reconciled, or at least not pacified. Although they would also be obliged to do so (if it were serious), to take away from E. C. F. G. the disgrace that they have condemned and burned E. C. F. G. as an illustrious personam, that is, of the highest rank, as a heretic, since they may not bring up a trial, as is also due in secular law 3).

Accordingly (if it pleased C.F.G.), our opinion would be that C.F.G. sends the Confessio and Apologia, and lets the decreed councils (as they have done so far without that) present them and indicate that there may not be deviated from with a good conscience; otherwise, one would gladly be obedient in secular matters with life and property, as has been done so far. Such a proposition hurts them, just as the proposition of Zwinglio in Marburg, "Hoc est corpus meum," hurt that I would not let go of it. For the devil seeks to draw us away to other thoughts.

3. Jenaer: "gebürt"; Wittenberger: "gekört"; DeWette (and after him the Erlanger): "gehört".

686 Erl. 55,332 f. 328 f. Cap. 18. of comparisons of religions. W. XVII, 856-858. 687

6 Secondly, if they were serious, their theologians would also have to do God the honor and confess that they have not taught so far as they would like to be seen now. For there are their books in heaps, by which they are convinced that their theology is thus done in articulo justificationis, that there are two kinds of gratiae: gratia gratis data and gratia gratum faciens. Gratiam gratis datam they call all other gifts, also fidem infusam, which we now call fidem justificantem (and so they learn to speak of us); but gratiam gratum facientem, that is, justificationem, they call charitatem. They cannot deny this.

If they do not revoke the piece (which is so obvious), but creep behind it, and want to adorn themselves per fidem efficacem, per charitatem and liberum arbitrium, then it is certain that they are dealing with vain lies and Mainzian antics. Therefore, the best thing is for E. C. F. G. to hold up the Confessio and stick to it. For against the same, such a discussion has begun at Hagenau, continued a little at Worms, and is supposed to continue at Regensburg.

8 However, at E. C. F. G.'s request, we also want to trade the four compared articles. Although I do not know how they are all compared. For we see from M. Philip's writings how fiercely it was disputed, and he held his ground; yet so moderately that he would have gladly pushed the displeasure away. And if it pleased E. C. F.G., I think it should not hurt that the Pomerani and my name would be displayed, as they would also have cause to speak here, so that E. C. F. G. would not be weighed down, as if they alone were stiff-necked before all of us. Hiemit dem lieben GOtt befehlt. Mittwochen Petri und Pauli 29 June Anno 1541.

1379 Another letter from D. M. Luther to the Elector of Saxony, Johann Friedrich, about the printing of the book handed over for religious comparison. August 4, 1541.

The original of this letter is in the Weimar Archives, Reg. N, toi. 109, No. 42. Printed in the Leipzig Supplement, No. 178, p. 96; in the Erlanger, Vol. 55, p. 328 and in De Wette, Vol. V, p. 388,

To the most illustrious, highborn Prince 'lind Herr, Herr Johanns > Friedrich, Duke of Saxony, Archmarshall and Elector of the Holy Roman > Empire, Landgrave of Thuringia, Margrave of Meissen, and Burgrave of > Magdeburg. The most gracious Lord, the Archmarshall and Elector of the > Holy Roman Empire, Landgrave of Thuringia, Margrave of Meissen, and > Burgrave of Magdeburg.

Grace and peace. Most Serene, Highborn Prince, Most Gracious Lord! What E. C. F. G> wrote to me about the book that is now in print, I have understood it well; and it was not my opinion that it should go out without a good, and, as I considered, without an unwashed preface, almost on the stroke of a pen: whether the masters of the book of their conceit meant the thing well, yet the devil was so poisonously wicked that rode them that no more harmful writing sint of the beginning of our Gospel was set against us and performed, and God specially and miraculously provided that at the Imperial Diet that the papists did not accept it. However, because M. Philipps is on his way home, it should be left until then; for it is from his and D. Caspar's council that it is to be printed, and the printer has also accepted it on the advice of my preface 1). And although I have been careful not to make a scholia in the process, I will nevertheless (if God lets me live) continue to pepper it with scholia, as much as the devil deserves, as much as I always can. Hiemit dem lieben GOtt befehlt, Amen. Thursday after Vincula Petri Aug. 4 1541.

E. C. F. G.

subservient

Mart. Lutherus.

1380. Majesty has handed over the act of discussion to the Estates for deliberation. Bor the 2nd of July 1541.

The three following documents are found in Bucer's aota ooIloHu. Ratisbon, and in German in Hortleder, torn. I, lid. I, oap. 37, p. 253. The time determination results from the date of the following number.

I. The Roman Imperial Maj. Maj., our most gracious Lord, puts in no doubt that Princes, Princes

1. Luther did not get to write the preface; Melanchthon wrote it (De Wette).

688 Section 3: Colloquium at Regensburg. No. 1380. w. xvn, 8ss-86o. 689

and Estates, and of the absent embassies and envoys, still bear in fresh memory what their Imperial Maj. in the beginning of this present Imperial Diet, and in their first proposition, and for what reasons the same was undertaken; also how subsequently, with their, the Estates', consent in the disputed religious matters, as the main points of this imperial action, some learned persons from among them, the Estates on both sides, would be ordered to take the disputed articles before their hands, to consider, to consider and to deliberate how they might be brought into a Christian settlement.

II. and what they would thus do among themselves, yet in an intangible way, and only by way of report, that they should then again bring and have brought to Imperial Majesty, also to Electors, Princes and Common Estates. Majesty, as well as princes, princes and common estates, to decide on it all the better, and also to communicate with papal sanctity legates, by virtue of the Hagenau farewell.

III. In order that the same appointed collocutors may have a form and way to proceed in such their discussion, Her Imperial Majesty has had a written concept compiled by some learned and God-fearing persons, as has been reported to Her Majesty, and has handed it to Her Majesty, also indicating therein the way and means by which, in her opinion, such disputed articles may be united, sent to them, the collocutors, with orders to take the same report before hand in the presence of Her Majesty's assigned presidents and hearers. and hearers, to read out from one article to the other, and what they would find useful and acceptable for settlement therein, and to record the same; but what they would not accept, to correct and improve the same, and after all this has been done, then to report it in writing to Her Majesty.

IV. The said Collocutors would have obediently complied with the same, and would have applied all possible diligence, and also worked so much in it, that the same disputed articles would have been united in quite a good number, and not the least, yet at their Imperial Majesty's and the Estates' pleasure. As far as the remaining articles were concerned, which still remained unsettled, the Protesting Collocutors had handed over their concerns and opinions in particular.

V. Now subsequently the aforementioned collocutors on both sides would have had the indicated report, outside of that which they with common council unanimously corrected and improved therein, copied, and together with the touched unmissable

They have submitted the report handed over to their Majesty, with the indication that they have by all means compared the same report, outside of the articles mentioned, for their persons, but otherwise without prejudice, in the submissive hope that their Imperial Majesty, together with the princes, princes and common estates, would know how to find a way and means to also compare the remaining articles with the granting of the Almighty, and have thereupon graciously asked their Majesty to accept such their diligence and work. and thereupon have graciously requested Her Majesty to graciously accept their dedicated diligence, effort and work.

VI. which document, together with the enclosed articles, Her Imperial Majesty the Electors and Princes and Estates have handed over. Maj. the Electors, Princes and Estates have handed over here.

VII. VII. And since it has always been and still is her Majesty's desire to promote this cause primarily to praise and honor God the Almighty, and to common Christendom, and first of all to the Holy Roman Empire of the German Nation, for good peace, tranquility and unity. Kingdom of the German Nation to good peace, tranquility and unity, so that the sacred discord of religion may be put to rest, and peace and unity preserved, and all harm that may arise from it may be prevented.

VIII. Majesty's kind, gracious and diligent request and desire that Princes, Princes and Estates, by virtue of the first proposition suggested by Her Majesty, show and prove themselves herein no less than Her Majesty as Christian Princes, Princes and Estates, and wish to have such writings diligently examined, deliberated and considered in the most beneficial manner, and furthermore to have Her Majesty's and also to inform them of the other half, which are still uncompared, what they will consider and find good and advisable according to the occasion and necessity of the matter.

IX. In order that further mischief and harm may occur, how and in what way to proceed, so that the burdensome abuses, which have occurred everywhere in the ecclesiastical and secular classes, may again be stopped, and brought into a Christian reformation and improvement, as then such a high necessity also requires, and so that princes, princes and estates may now soon undertake such, diligently consider it, and faithfully communicate their legitimate concerns to Her Majesty. Her Majesty's concern, as Her Majesty has no doubt that they are quite willing to do without it.

X. Thus, Her Majesty will again, as before, not allow anything to be lost on her, nor to spare any effort, diligence or work, so that everything will be promoted and brought to a good end.

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and Her Majesty is undoubtedly confident that the Papal Holiness' legate will also be inclined to do everything that will be required of him.

1381 First answer of the princes, princes and estates about the above imperial speech and action of the conversation. Delivered July 2, 1541.

See the previous number. In Oorp. Usk., vol. IV, 455.

After the Roman Imperial Maj. Our most gracious Lord, the Roman Emperor, has graciously ordered the Princes, Princes and Estates to open and to receive the writs, which the ordered colloquents, at the home of the common Estates, have graciously named by their Imperial Majesty, for the settlement of the disputed religion, but without obligation. Majesty, for the settlement of the disputed religion, but without obligation and without prejudice, with the gracious request to inspect such action and to indicate to Her Majesty their submissive, faithful good opinion, as such has been planned by reason of Her Majesty on several occasions. The Electors and the absent embassies have given as much thought as possible to this highly important transaction, which concerns the glory and honor of the Almighty, as well as the salvation and common welfare of the German nation, and have considered it useful and good for the advancement of the cause and the prevention of all proliferation:

That the Imperial Maj. Maj. of the aforementioned six Colloquents, and that Her Majesty, as Advocate and Protector of the Christian Church, is humbly requested and requested that Her Imperial Majesty, in addition to the Papal Legate of such of the six Colloquents, will graciously inspect the writings of the six Colloquents, according to Hagenau's farewell. Maj., in addition to and together with the papal legate, would graciously inspect and communicate such of the six decreed colloquies, in accordance with the Hagenau Departure, and especially examine with all diligence the points on which the decreed colloquies, though non-binding, have agreed, to see if there is anything in them, in sentences or words, that would be detrimental to the holy teachers and the praiseworthy use of the common Christian church. The church is to change, improve and abolish this and any other abuses that may be found in the church. Where a little explanation of some of the points or opinions that have been made too obscure is also necessary, these should be added, and they should resolve and decide on them, and how they will resolve on them, so that they can reach the common estates in the most beneficial way.

Her Majesty's first proposition is to compare them humbly.

And that, in addition, the Imperial Majesty wants to take a gracious approach. Majesty will be graciously minded to enable the protesters to be guided to Christian, reasonable measures in the remaining points in dispute; or, if such would not take place among them, then to bring them to reasonable discussion by means of a General Council, or, if this cannot be obtained, by a National Assembly, in an orderly manner, so that the German nation may finally come to Christian unity, and peace and tranquility may be preserved in the Holy Empire.

1382: Der kaiserl. Majesty's Reply to the Princes, Princes and Estates. Given

July 7, 1541.

See No. 1380. in 6orp. Usk, vol. IV, 465.

The Roman Imperial Maj. Maj. 2c. has heard the answer of the princes, princes and estates, and of the absent embassies and envoys, concerning the religious matters and the book, which has been delivered to them, and a copy of which has been communicated and given; and would have liked to see in particular, and has also been of the gracious final confidence and hope, that because the common estates have now had a good time in hand to move and examine the reported book, they would have indicated to her Maj. and opinion more thoroughly and explicitly; but since they finally remain and persevere from such an answer given to Her Majesty, so that no deficiency may appear to Her Majesty, nor anything be omitted that is due to Her Majesty in this case, and may be feasible: therefore Her Majesty grants the matters to the papal sanctuary, to have the matter referred to Papal Legate, and to communicate it to him, and to hear his opinion thereon.

In addition, it is her Majesty's most gracious intention and request that the remaining time of this Imperial Diet, which has now lasted several months, be used fruitfully as much as possible and not be wasted in vain, so that princes, Princes and Estates will meanwhile consider ways and means which they consider good and compatible for the promotion and preservation of common peace and justice in the Holy Roman Empire, and will faithfully inform Her Majesty of their legitimate concerns, so that this point, which is almost one of the most important and necessary, may be resolved.

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The most important thing is that one of the reasons for which this Imperial Diet was held and scheduled, and which was most sought and desired by the common estates themselves, should be taken in hand, discussed and settled.

1383 The reply drawn up by Philipp Melanchthon on behalf of the protesting princes and estates and handed over to Imperial Majesty on July 12, 1541. Majesty on July 12, 1541, in which they set forth their opinion of the articles compared and not compared in the Colloquio.

This document is found in Bucer l. e. x. 41 and in Hortleder, p. 257. In Corp. Ref., vol. IV, 491 German in another version with the heading: "Antwort der Stände der Augsburgischen Confession vom Buch, kaiserl. Majestät gegeben am 12. Tag Julii." Latin, same, in two redactions, a shorter one, Col. 476, and a longer one, Col. 479, both stating that the answer was handed over to the emperor on l2. July. Walch has the latter; in the caption: "den 23. Juli".

1 Most invincible Emperor, most gracious Lord! We have read the book, which is intended to moderate or compare the contentious articles and divisions of the churches, and have listened to the further reports and relations of those who have been appointed by our part to talk to us, and have understood what they have accepted and approved in the book and otherwise, and what they have not. And do not doubt that Your Imperial Majesty has graciously approved this book. We do not doubt that Your Imperial Majesty has given this book in your gracious and fatherly opinion, so that we may note that those who have made such a book have sought moderation and correction of some abuses, and where those on the contrary would show themselves to be just, access to settlement would already have been made. Therefore, we thank Your Imperial Majesty most humbly. Majesty that she is thus inclined and willing to put an end to the chips and grievances of the Church, as well as those of the Church of Christ, through the conversation of learned people and peaceful ways, and we pray to God that He will allow Your Imperial Majesty to resolve these grievances in this way. Majesty to direct these affairs in such a way that the truth and wholesome doctrine of the Church of Christ will be brought to light and explained more clearly.

(2) And the accident of this time is to be regretted, that not all abuses and shavings may have been dispelled and compared; which perhaps comes from the fact that it is difficult to put an end to old abuses immediately, which some protect because they have lasted so long and have a great reputation, some for other reasons. For this cannot be denied, that from many years many abuses have been broken down in the church, and that

The pure doctrine of the Gospel has been somewhat obscured and mixed, partly through ignorance on the part of those who have led the teaching office in the church, for the time has been without good art and doctrine and even the princes and rulers have never paid attention to the doctrine and proper care of the churches, partly that the superstitious abuses have also been profitable.

Now, because these errors and deficiencies have been confirmed by longevity, they have long since been given the title of old church customs and habits. But because, with such stupidity of the human mind, false conceits and opinions creep in very easily, and people's lives and deeds are always inclined and fall down without this: so in the church the testimonies of long usage and customs should be held much lower than the Word of God, which God therefore wants to shine like a spark in the human darknesses, so that we are not led away from it by false talk and evil customs and habits. Now, however, we know very well that it is very difficult to correct evil habits; nevertheless, since Your Imperial Majesty is graciously pleased with the way things are done, it is not necessary for us to do so. Majesty graciously requires that we inform her of our good intentions concerning the book, we first of all testify that we also heartily desire conciliation and unity, how the same may be found and arranged in addition to our receiving the truth and light of the Holy Gospel. So do not doubt us that Your Imperial Majesty, according to her godliness, is the best. Maj., according to her godliness and right imperial virtues, wants the truth in this matter to be seen in the most favorable light, which then shall shine brightly in the church.

(4) We have considered the articles that are compared, which are: Of original sin, of righteousness, of church discipline, and several other things; and although some omissions in these articles require further explanation, which we shall indicate later, yet, if one wishes to be upright and of an honorable and reasonable mind in the matter, and the omissions in which there may still be some deficiency are explained, we do not know how to punish the opinion and knowledge of the authors. However, we would very much like the sound, pure doctrine of the grace of Christ and the righteousness of faith to be spread in the church. Therefore, because this doctrine is somewhat briefly stated in the article in the book, a more extensive explanation of this article, if one wishes to faithfully counsel and help the salvation of souls and Christian unity, must be added, so that brevity does not give rise to doubt or new disputes. For we ver-

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These articles are of the same understanding as these doctrines are set forth in our Confession and Apologia; we also did not want to entangle anything, because it may be neither godly nor beneficial to the church to proceed with confused and doubtful articles, which the opposing party would like to draw into misunderstanding and repugnant opinions, just as one can use the wide sandals on both feet. Therefore, we have exercised diligence as much as possible, so that our opinion may be clearly and actually understood, which, as we also do not doubt, is the right common and unanimous understanding and belief of the general church. And if a settlement should be concluded, we ask that the articles of these so important matters be further explained and expounded, which also the collocutors of the other part, the venerable gentlemen Julius Pflug and D. Joh. Gropper, as we have heard, have requested.

(5) Besides these, there are some abuses and shavings in the book that have not yet been dispelled, of which ours have given articles of their own that are true of themselves, and also more reasonable and milder in measure; therefore we are of good hope that they will also do enough to the contrary; for as we never doubt, when these same of our articles are brought to light, all who are of sound mind will recognize that they all do unreasonably who reject them. For although the book, out of eagerness to direct the matter toward tolerable moderation, pretends to be somewhat more lenient in these articles, nor, because the great abuses are in view, does necessity require that the church be reminded of these things somewhat more thoroughly, and report them; but let God be our witness that we also all love moderation, and have sought it; but the churches are much concerned about what is set and held for the goal and mark of such moderation.

(6) Often not only princes and bourgeois people, but also ordinary teachers of the churches have sought such moderation out of human understanding, which has somewhat led the minds away from the pure teaching of the Holy Gospel, from the true invocation of God. How many are those who have let themselves think that St. Augustine disputes too harshly about the grace of God! From this, those who have written about the master, who have collected the old teachers' sentences and opinions, have sought all kinds of means, ways, and moderation, and have given such, which do not necessarily defend the errors of Pelagii, but still obscure the doctrine of grace. How many are those who think that St. Paul himself speaks too harshly of the faith that makes righteous! Therefore

For this reason, human reasoning has led to the search for a number of innocent interpretations, but these have overwhelmed and corrupted the true preaching of the Gospel and the consolation of consciences. So often and clearly does the heavenly preaching cry out that there is only one satisfaction for sin, the death of the Son of God: nor have the aforementioned scribes invented a moderation over the master who compiled the old sayings and opinions, so that the false services have been preserved. It is quite a beautiful and lovely thing, good order and difference of the rulers. By such pretenses, however, the popes have gained and fortified royal rule over them, which Christ has forbidden them.

(7) Therefore, although moderation has its praise in all things and actions, as it is very wisely said that all arts and virtues strive to achieve and establish moderation and mediocrity in all things, yet in the church the word of God, and not human wisdom, must be the rule of all moderation; as St. Paul warns that we should be careful not to be seduced by the beautiful and prudent pretense of human wisdom. Our people have also moderated the disputed articles, but according to the rule of the divine word and according to the certain and proven testimonies of the apostolic churches. Therefore, we recognize that the articles mentioned by the authors of the colloquy are true and correct. Therefore, we do not know how to deviate from them, and we ask the Imperial Majesty to accept them. Majesty that she will graciously understand and accept our answer regarding these articles.

8 For first of all, when one acts for the glory of God and the light of the Gospel, one must not confirm false services nor opinions that would obscure the Gospel. But how many abuses are confirmed when one adopts the opinion of the book of invocation of the saints and other services, done without the word of God!

(9) Secondly, since our own consciences and those of our churches are taught and convinced of these matters, as stated and known in the articles handed down, by the true testimonies of Scripture and the unanimous understanding of the apostolic churches, it does not behoove us to recognize or accept anything contrary to our good conscience.

10. Thirdly, these things concern the whole general church; where we should now consider some of the abuses that we have mentioned before from the Word of God.

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If we were to be respected and approved by the people who had been touched and punished, our testimony would be held up to godly consciences who held these things to be true, and also to their descendants, so that errors would be confirmed in some, and persecution of the truth in others, which would protect the errors.

(11) What cords would be thrown to the churches only in that where we confessed that one would not want to punish any error of the churches! There is a declaration by Pope Clement, which begins: Pastoralis, recognized in the Concilio of Vienna Vienne, held in Gaul, in which the pope claims that he is a rightful lord of the Roman Empire, and that the property of Christ has been handed over to him. But how evil and unjust this speech is, everyone can see. For according to this, the popes and bishops burden themselves more with royal government than with the pastoral care and provision of the churches, which has resulted in noticeable mischief.

12 What shall we say? How many good consciences, who held our former doctrine in the churches of our countries, cities, and even in homes, would be grievously injured, if we were to accept in these matters anything other than what is confessed in the articles handed down! How many godly people would punish us with the speech of Paul: "Why do you lead us from the grace of Christ to another doctrine? because we would be considered to be counterfeiting the pure doctrine of the Gospel.

These causes move us and keep us from knowing how to change our judgment of the articles that have been punished, but we feel obliged to remain steadfast in the same, as it is stated in the articles that our authors have handed over, but we ask ourselves to state the reason and cause of this opinion of ours, and also to explain further the articles that ours have handed over, which contain great and necessary doctrines. These matters concern the glory of God and the light of the holy gospel, the common need of the churches, and the salvation of souls, as is done in our and other churches. Since our consciences are afflicted with right understanding and judgment in such great and important matters, we ask the Imperial Majesty to be merciful to us. Majesty most humbly that she will graciously allow this simple excuse of ours, and spare so many churches that have been redeemed by the blood of the Son of God and sanctified by the Holy Spirit, and prepared for honorable and godly discipline, and that she will not give credence to our apostolate.

We are not opposed to those who revile and blaspheme our churches with all kinds of false accusations. And so that no one may be in doubt as to what doctrine is taught in our churches of all things, we testify to ourselves once again that we adhere to and comply with the confession which we delivered to the imperial majesty at Augsburg and the apology which was subsequently added to it. And do not doubt that this is the right unanimous doctrine of the general church of Christ, which is presented in the writings of the prophets and apostles, which also has clear and firm testimonies of the apostolic churches and the learned fathers. In this faith and knowledge of Christ, we want to call upon and praise God, our Holy Father, by means of His grace, along with His universal Church; and we offer ourselves, as we have often testified, to account for and explain all the teaching that is conducted in our churches, as often as this may be necessary. So much for the incomparable articles and our doctrine in general.

14. but when we considered the compared articles with our preachers who are here, we commanded them to record some explanations, which we trust the prudent and godly will not unwillingly accept, for these explanations do not raise any new questions, but are only explanations of the compared and generally approved articles, which will be useful to the churches everywhere, and are also necessary for us to make our minds clearer.

What is further to be noted or omitted in the compared articles.

15. We know well that nothing can be said so clearly and plainly that it can be turned and perverted with pointed speech other than it is spoken; therefore we want to interpret and recognize everything here simply and faithfully, and to interpret and understand much that is spoken somewhat more briefly or darkly than the depth and importance of the matter demand; But where something has a dangerous ambiguity, namely in the doctrine of the church, it is not only honest and honorable, but also godly, that one should give a good understanding explanation of it.

16 In the article on free will, a short note is added in the margin about the obedience that has been started, because it is commonly said that the newborn human being in this life should do enough for God's law. Now, however, it is necessary that this teaching be preserved in the church, and that it be well and truly recognized that in this life and in this destructiveness of our nature, even the newborn do not obey the law of God.

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but are righteous, that is, pleasing to God through faith for Christ's sake, who is our mediator with God. And therefore it would not only be useful that the reported statement, attached in the margin, be accepted, but also that it be expressly added in the appropriate place that even the newborn man is not sufficient to the law of God. 1)

(17) Further, it would be well that the false poems which have gone forth in the church, concerning the merit which some have ascribed to works done apart from the grace of Christ and faith, which the Lord should not requite out of duty or charge, but out of some equity and prosperity of his grace, should be touched and punished. For by this poem the doctrine of justifying faith, and pardon of sin out of pure grace for Christ's sake, has been suppressed. For although God demands that discipline be practiced even by those who have not yet been born again, and punishes the violation of discipline and disobedience with temporal and eternal punishments, it should not be held that discipline in those who have not yet been born again merits forgiveness of sins, if only according to the equity and prosperity of divine bounty, and not from duty and obligation; because it is obvious that the mind, if not yet born again, either despises God through carnal certainty, or is assailed by the judgment of the law and the terror of divine judgment, and murmurs against Him, and only then begins to love God, if it is raised to God through faith, and accepts the forgiveness of sins, given to it for the sake of Christ. Thus the mind begins to love God first. For this reason, the younger monks should reject dreams that suggest that those who are not yet born again may love God and fulfill the commandments, as far as the work on Himself is concerned. We also consider that this opinion and false doctrine is punished in the book, and have therefore wanted to recover this here, so that one may actually know how we understand the book.

18. In the article of original sin, where it is said 2) that the matter of original sin, that is, evil desire, remains a heavy addiction and weakness 2c., these words should be added: "and an infirmity that is contrary to the law of God"; as it was compared to it at Worms.

19. neither does the book want this infirmity and matter of original sin to be a

1. See Col. 587 et seq.
2. See above, Col. 592.

The book also confesses that it is a grave reluctance against the law of God, which appears in the constant shortcomings and lack of believers, whose minds are never fervent enough in the love of God; the fear of God is always weak in them, and faith stupid. 2c. The book also confesses sufficiently that this addiction constantly brings evil fruit, the forgiveness of which we must ask of God through faith, for Christ's sake, and receive, and resist these evil inclinations through the Spirit of Christ without ceasing.

(20) In the article on justification, where it is said: 3) "through strong faith," we have heard that some have taken this to mean that through strong faith we are to have a working faith, and then that the doctrine of justification is to be understood as meaning that a man is justified by faith together with works. For some of the other common sayings are that the apostle Paul, when he says that we are made righteous by faith, should be understood as if he meant to say: by faith we are prepared for righteousness, that is, for love, by which only then we become pleasing to God and righteous before Him, and not by faith for the sake of Christ. Now if this article should be so falsified and perverted, we must of necessity contradict it. For since ours have said that it is by living or strong faith that we become godly and blessed, they have meant to make it clear that they do not speak of a faith that is a mere knowledge of history, which even the ungodly have, but of such a faith as is a confidence which takes hold of the mercy of God, promised to us for Christ's sake, and straightens the troubled conscience. In such an opinion, ours spoke of the power of faith, by which faith in itself is a burning movement of the Holy Spirit, comforting, relying on Christ, and making alive, as the following description of faith in the book, in this article of Justification, declares, and the prophet says: "The righteous lives by his faith." Therefore, so that the ambiguity does not bring new quarrels, either this explanation will have to be added, or the word efficax, vigorously, will have to be replaced.

21. but that we are a little more careful of the place, moves us that in this city also

3. See Col. 595 above, where, by the way, it says: "through living and active faith".

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After the discussion, some propositions went out that publicly condemn our doctrine of righteousness, which is undoubtedly the true preaching of the Gospel, and against it they spout the common saying that we become pleasing to God only through love. But what is this but to say that man is pleasing to God not for the sake of Christ but for the sake of our virtue or works? In addition, these same propositions give rise to other errors that are contrary to the holy gospel. Now, if much of the other part wanted to shield the false arguments, what hope could there be to keep peace and unanimity?

In the other part of the article on Justification, the doctrine of good works 1) will be explained further. For since sins remain in the saints as long as they live, as is also stated in the Book of Justification, and since it should be clearly taught that the newborn never do enough for the Law of God in this life, the godly minds always ask how they can please God if they still have sin and do not do enough for the Law of God. This question exercises the pious mind without ceasing; as we see that this question is diligently pursued by the teachers of the churches, as Basilio, Hieronymo, Augustino, Bernhard, and others. Therefore the pride and hypocrisy is to be punished, which does not recognize the doctrine of faith in Christ, and pleases itself, and thinks that its own purity and perfection is the payment for eternal life, when the Psalm says, "Before thee no man that liveth shall be justified," and, "Where thou wilt take heed to sin, who, O Lord, can abide before thee?" Item: "Unto thee only have I sinned, that thou mightest be justified in thy words, and be found pure when thou art judged."

(23) Again, let the godly be comforted, that they may surely keep this with them: First, that they please God through faith for Christ's sake, and not because they do enough for the law. Secondly, that God may then also please him with this obedience of theirs, which necessarily follows faith, if they recognize their imperfection with pain, and yet believe that their obedience pleases God for the sake of Christ, our chief priest, and through him is brought before the Father as a spiritual sacrifice, as Peter says: "Offer spiritual sacrifices, acceptable to God through Jesus Christ. They should also be confident that eternal life will certainly be granted to them.

1. See above Col. 597.

not because they have satisfied the law, but for Christ's sake, because they have been justified by faith and have become heirs of God, for thus says the Lord: "This is the will of the Father, that whoever believes in the Son shall have eternal life.

(24) Furthermore, since sins remain in the saints in this life, it is necessary to add the distinction of sins that are rejected from the grace of God and deprived of the Holy Spirit, and those that are not. This is to be added for many and great reasons. For first of all, the godly learn from this that faith in Christ does not mean an empty, mere knowledge of doctrine, but a reassurance of God's mercy, promised to us for the sake of Christ, the Son of God; which reassurance may not stand with an evil conscience. Secondly, they learn from this that those who continue to fall into sin against their conscience may not call upon God properly, because one cannot call upon God in any other way than by trusting in the mediator Christ. Third, they learn that neither this faith and comfort, nor the Holy Spirit may be in those who sin against their conscience. This opinion of ours, that such a declaration is made in the book in the compared articles, we respect, will also be mentioned by the other part to the gentlemen collocutors, and will please all understanding godly men.

(25) In the title of the sign of the church of the Word in the second paragraph, which begins: 2) "For this great house has the promise of the presence of God and of the Holy Spirit, our collocutors have added a note in the margin in which they request that these words, "this great house," be interpreted and put in a bad light: "for this one," namely the church of the blessed, which is described above, has this promise 2c. For ours alone have granted that this promise of the presence of the Holy Spirit belongs and is proper only to the godly and elect, and not to the ungodly multitude to whom the predictions in Scripture belong. For this reason we also request that the words mentioned, "this great house," be omitted; for the argument cannot ever be confirmed that the ungodly multitude should not err, since the church has the promise of the Holy Spirit, who never leaves it. Paul says: "They are not all Israel who are of Israel." Therefore, it would also be more appropriate and more appropriate, since the church in the beginning of this article be-

2. See Col. 600 above.

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It is written that it is an assembly of the good and the bad, that it is set: The visible church 2c.

26. But that this article, in the first part in the 5th and 6th paragraphs 1) condemns those who depart from the church: there the article speaks of those who are right, but of those who teach rightly, from whom also, as we confess, no one should depart or separate. Here, however, the opposite is also to be added, that one should properly depart from and separate oneself from those who protect false doctrine and kill innocent people for the sake of confessing ungodly doctrine, of whom Paul says, "Whoever brings another gospel, let him be banished." As this is also taught in the example given in the book, 2) in the 3rd paragraph of the title of the Sign of the Word. For Elijah, and those who heard him, were set apart from the service of Baal, as the text clearly testifies, therefore they were set apart from the assembly of the priests of Ahab. This, we observe, no scholars will deny, and it is therefore necessary for us to report it, so that we do not condemn our churches, which are accused of secession and unjust separation, without cause, which are undoubtedly true members of the general church of God, because in them the teaching of the pure gospel shines, through which the Holy Spirit is powerful, and God the Father of our Lord Jesus is called upon in true faith.

(27) We do not have such insensitive and iron minds that we should not be moved and moved to the heart, both by such grave and abominable shame, that we are reproached for apostasy and division of the church, and then also this appearance of division, which is before our eyes, and the concern of great evil, and all the evil that results from this discord. Truly, we would gladly purchase a true godly concord with our deaths, and for this reason we have so often offered ourselves for a fair recognition and true settlement; but our churches have been driven away and excluded from the other people of Christian name by the unjust condemnation of the pope, and consequently by the harsh persecution of the other bishops. How many of our people have been destroyed for the sake of this doctrine! From this it is easy to see where the separation came from and who is to be blamed for it.

28. it condemns the book also at the 6th paragraph of the title of the church and its zei-

1. See above Col. 599.
2. See above Col. 600 f.
3. those who separate the bond of love. This bond, however, we understand, is obedience to the ministry of evangelical doctrine, the administration of the sacraments, and the discipline and banishment commanded in the Gospel, and we ourselves also hold that one should render obedience to the true ministry. The book, however, lets itself be heard in the title of the order of the church government, 4) as if it wanted to understand this volume of the obedience of human statutes, whereas our authors have entered an article of their own, because our churches have had godly and important causes to change some human statutes, to which superstition has been attached, because in the church this doctrine must go freely and be recognized: "You serve me in vain with human commandments.

(29) Moreover, it is also evident who break the bond of love. The pope and some bishops murder our people and incite the princes' minds against us, yet they boast that they hold the bond of love and complain about us that we are breaking it, because we are letting go of some unjust human statutes, even though this is a work of love, keeping a fair measure in human statutes.

30 In the title of repentance after the fall we like everything else, but because in the 7th paragraph paragraph of the same article there is also information about confession and atonement. Since in the seventh paragraph of the same article (5) there is also a report on confession and atonement, of which our own articles have been introduced hereafter, it was not proper for us to ignore this here as if we were confirming the common refinement of confession and atonement; therefore, as far as these two things are concerned, we want to refer to the same articles of our authors. The killing of the old Adam through true repentance is also a work of the Holy Spirit, in true and great trial and suffering, so that I may see the true church struggling in the autumn, in constant danger of life. But the narration of sins and atonement, imposed by men, are external customs, invented by men, to which many abuses have been added. In the same place, Paul also uses 2 Corinthians 7 to adorn atonement, although Paul there speaks of ordinary penance, instituted in the Gospel, that is, of the ban, which has nothing to do with the new satisfaction and atonements.

In the title of the Sacrament, in the 3rd paragraph, the book rightly says, 6) that through the

3. See above Col. 599.
4. See above Col. 621.
5. See above Col. 603.
6. See above Col. 610 f.

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Sacraments not only signify and signify grace, but also that those who use them are sanctified; but we ask that it be added that adults who come to their senses must also have a true faith in the use of the sacraments, believing the promises made in the sacraments, for which reason the sacraments are given to us, and that the sacraments are of no use to adults without good motives of the mind, as they commonly say.

Regarding the ordination and proper appointment to the church service, we like very much the old church custom, 1) that those who are to be ordained to such service are first well investigated, proved and instructed, and that they do not come into this service except through the public testimony of some godly and learned men who preside over the churches; as is now done in our churches. And it is to be wished that the bishops, if we attained the Reformation, would take upon themselves and faithfully perform such heavy and laborious care and toil, which is also quite necessary for the churches. We also hear that ours have expressly granted ordination to the bishops where the Reformation is attained.

33. And although ours do not dispute the hope of concord, the use of confirmation and consecration of the sick: yet it is necessary to remember this, as the book describes the sacrament: 2) "that it is a visible sign of invisible grace"; that this definition and description is not suitable to the uses which are now called confirmatio et unctio, confirmation and consecration, of which there is neither divine command nor promise. And, on the contrary, they know that these practices are only the remaining indications of the ancient gifts of the Holy Spirit; for in the beginning of the Church the manifest gifts of the Holy Spirit were given to the people when the apostles laid their hands on them.

(34) The prophets and apostles also cured pestilences and diseases with prayer and ointments and other medicines. From that beginning the customs still remain, but how they are and are kept at this time is in the day. We wanted the catechism to be practiced faithfully in the churches, as the book recommends, 3) and that

1. See above Col. 632 f.
2. See above Col. 610.
3. See above Col. 614.

prayer be made over the children after they have heard and confessed their faith and promised obedience to the church. And this prayer, we believe, would not be in vain; nor do we dislike that the laying on of hands is used for it, as it is also done in some churches in our country. So prayer for the sick is also done in our church, and it is evident that many are healed because of the prayer of the church; but the use of anointing does nothing for this, nor does it have any promise of grace.

Moreover, the worthiness of the other sacraments is obscured when these lesser ceremonies are presented to the people under one and the same description and name, with the noblest and highest sacraments, instituted and commanded by the Lord Himself. Above all this, both customs are full of great abuses at this time, which must be punished and condemned out of necessity.

In the title of the discipline of the church servants in the 6th paragraph, the German bishops, who also have and lead the external regiment in their lands and territories, are remembered as in the process in short words 4). Now we call and testify so often and for and for in our writings that we alone strive and seek that the churches, for the sake of the glory of God and the salvation of souls, would be taught godly, and would gladly exhort the godly people to strive and work to keep and spread the pure doctrine of the holy gospel, as Christ the Lord commanded when he said, "In whom my Father is honored, that ye should bring forth much fruit, and be my disciples." In this the Lord teaches that we are to prove this honor to God as the most noble, that we keep and spread the holy gospel. This, then, is what we are concerned with in this trade and business of religion, and what we mean and seek, and are not opposed to the bishops' possessing the goods and dominions granted to them by emperors and other princes.

37 We ask that you also consider what noticeable damage and destruction has resulted to the church from the fact that the popes and bishops have taken on and administered such large estates and regimes. First, when they were burdened with secular government and wars, they abandoned teaching and the ministry of preaching. Secondly, the monasteries and assemblies of the canonries and other clerics and monks have been badly transformed. For in them, at first, the studio of Christian doctrine in the

4. See above Col. 633.

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The first bishops who received the doctrine from the apostles and the first teachers of the churches, 1) also kept the good books and doctrines. Now these people boast of being proper descendants of the apostles and old holy bishops and priests, since in so many long times and years they never respected what the ancients taught or practiced in the church. The old dear fathers and bishops have well praised and upheld the proper descendants, but not so much because they strengthened the power, as much that they preserved pure apostolic doctrine, as that given in the beginning, which the first and right descendants of the apostles have preserved in the churches with all diligence. Now the estates and dominions of the bishops have changed the whole form and shape of the old church, which is a cause of great darkness and many cruel wars. These abuses we could not approve nor praise. And when we see that the pious, godly shepherds of the people are suffering from hunger, and that so many churches in many countries are standing desolate, and have neither pastors nor pastoral caretakers, because they have no salary, and the schools are deserted and empty, because neither the teachers nor the poor pupils are being provided for: We must mourn and lament the misery and ruin of the churches, and wish, as is more than right and just, that something of such great goods be given to the true and necessary use of the churches, that is, to preserve the ministry of the holy gospel and to help the schools.

38 Truly Christ the Lord is now going about begging that the churches may be provided for and that the gospel may be preserved. He complains that he hungers and thirsts. What will these people, who are thus robbing parishes and schools, answer the Lord Christ when he will throw at them on the last day and say: "I was hungry and you did not feed me, I was thirsty and you did not give me drink"? Therefore, it is to be hoped that the pastors and schools will be provided for by the church properties.

39. That it be further requested in the same place in the book that the right orderly election of prelates and church servants, by virtue of the canons, be restored and held, and that all positions and offices in the churches be so provided and appointed that each one may be fit for his office and
40. "the first bishops" put by us instead of: "from the first bishops".

We are very pleased with all this, and we ask our Lord Jesus Christ, who is the head of the church, and who has always governed and restored it with wonderful counsel and painting, that he may also now improve, govern and preserve it, amen.

1384 Answer of the protesting estates, delivered to Imperial Majesty on their most gracious request, how the torn abuses in secular and ecclesiastical estates could be improved and brought to Christian reformation, together with two enclosures, containing: 1. the scholars' concerns, concerning the improvement of the abuses; 2. the concerns of Philipp Melanchthon about the reformation of the church.

This writing is found in Bucer's no eolloyu. Katisdon., x. 59 and in Hortleder, p. 204; also in the "Handlungen zu Worms und Regensburg", the title of which we have cited in No. 1353. The letter to the emperor is found in German in Oorp. The second objection is in Latin, Col. 541, in a slightly different redaction, dated July 17 or 18.

After Your Imperial Majesty. Majesty 2c. further graciously requests that Princes, Princes and Estates will also most humbly indicate their official concern as to which ways should be taken so that the burdensome abuses, which have occurred everywhere in the ecclesiastical and secular classes, may again be stopped and brought into a Christian reformation and improvement, as such is also required by great necessity 2c..:

Thus, as far as first of all the reformation of the secular state is concerned, our subjective concern is that the previous decrees of the police against all immorality of life, splendor of dress, usury, monopoly and other things made at Augsburg, are again taken in hand, also all the remaining articles, in E. Kaiserl. Majesty. This would undoubtedly bring about a good reformation of the secular state, and the abuses would be controlled. However, as far as the reformation of the clergy is concerned, we have ordered our scholars of the Holy Scriptures, who are here at the present time, to make a harmless reservation, as has been done, which we have presented to Your Imperial Majesty. Majesty on the same, also our and the other part's further concerns.

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I.

The scholars' concerns, concerning the correction of abuses.

First, because the fear of God is the beginning of all wisdom and salvation, and all righteousness and good is found in true faith in Christ, that first of all it be provided and arranged that the pure doctrine of the holy gospel be preached faithfully and unanimously throughout the empire, and that the holy sacraments and all other church practices be administered and observed in accordance therewith. And that the beginning of this would be made by all the states of the empire accepting the articles of our holy religion, which will be compared here, according to the same comparison, and that they ensure that in all churches the sermon, also the administration of the holy sacraments and all church services and business would be carried out, performed and held according to the same compared articles. For if such grave abuses of doctrine, sacraments, and the entire church service were not stopped and corrected, the holy religion would remain impure and ambiguous, and no things, because they persisted in misunderstanding and division of religion, would be set right and brought into a good wholesome condition, nor would the terrible destruction, so much in the way before us and pressing upon the German nation, be averted.

2. Secondly, since neither doctrine nor the holy sacraments and ceremonies nor Christian discipline can be properly instituted and performed in the churches again, where the churches do not have their fit and faithful ministers and rulers, it will be necessary that the congregations of Christ everywhere be restored their right to the election, or at least the testimonies and examinations of their ministers and rulers, by virtue of the holy Scriptures and ancient canons and legum, and no church shall be forced to have certain ministers or superintendents, even if they think they have the jus nominandi, praesentandi and ordinandi (to which no one shall be denied anything contrary to law), who shall not be elected according to the canonum, examined, and approved by the faithful people and authorities in the churches over which they shall preside, and shall be accepted in good faith. As this is also required by the article on church discipline, 1) in the book of which imperial majesty has been entrusted. In addition, it is evident that the ancient canons and Ieges of the most blessed emperors, as an undoubted order of divine right, make this

1. See above Col. 632.

command most earnestly. Just as neither reason nor equity admits (as Pope Leo testifies) that those who are to be superior to all in the churches are not also desired and approved by all.

(3) Thus, with too much serious and irreparable damage to the Church, it has long been seen how such unholy and defiled people, also unfit for all church service, have been ordained by the suffragan bishops and charged to the churches, after the faithful congregations and their authorities, contrary to divine rights and canonibus, have been driven away from the election and probation of church servants and rulers.

4 It is also very unfortunate in German lands that the episcopal offices are so few, and the churches that have had them from time immemorial are so far removed from one another, and not all cities that are somewhat populous have their own bishops (as the canons require), so that each bishop would not be commanded to attend more churches than he is well equipped with, and would still want to visit his noble churches once a year by himself (as the canons require) without detrimental neglect. So that the churches do not have to suffer such a lack of necessary care and provision, as has now happened for so long, necessity also demands that all cities that are somewhat rich in people be given such ministers and pastors, to whom the entire pastoral care and pastoral service may be entrusted, so that they may provide the churches where they have their seat, and the nearby ones, with visits and all other services of pastoral care according to necessity, and maintain them in godly work.

For this reason, it will be necessary to strive and work earnestly so that the manner and measure, as well as the division and order of the pastoral care and attendance of the churches, according to the opportunity of each type of country, will be re-established and kept, as the old canons prescribe, impose, divide, moderate and align the village priests, country and city bishops and metropolitans. For the fact that the bishoprics have such wide districts in our country is a great hindrance to the supervision and visitation of the parishes. And this comes from the fact that, since the bishoprics were first founded by Boniface and other dear fathers, and then reestablished, the number of churches that could have bishops was very small; for the holy religion had not yet been accepted in many places of the German nation, and in many it had fallen into disrepair due to the heavy military campaigns and wars. But after the churches had multiplied, the bishops had moved into the courts and the

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They were caught up in worldly business and, as in other things, so also in this one, paid little attention to the canons and their office, nor did they wait, as the histories and many holy fathers' lamentations testify.

6. furthermore, as no one is able to take care of both, the church and the external political government, properly; therefore the old canons and Ieges forbid the clerics, but first of all the bishops and priests, with such great seriousness, to burden themselves with some secular business: so also this will be necessary for the churches, that the secular and political government, and the pastoral care and church service be ordered to persons separately, and to each office separate persons; as the canons and Ieges so earnestly demand.
7. And therefore, those who bear the episcopal name in the German nation, who for so long a time have not generally provided and performed further things for themselves, than the external political government of the lands and people who have come to the bishoprics, who have been drawn there even a little and are so instructed that they would like to provide and perform the episcopal pastoral care with preaching, administering and administering the sacraments, and practicing Christian church discipline against the clergy and the people, as is the right of a bishop, by themselves: We do not know of a more expedient way, nor one that would be more tolerable to the estates in general and to the churches in particular, as all things now stand, than that those who now administer the external government of the lands and people who have come to the churches, and who are to be elected and appointed to such administrations, should be left to receive and administer such government in all its measure and form, as they have received and are administering it at this time.
8. But that besides the churches, both those which now have episcopal seats and offices, and those which should have such by virtue of the canonum, suitable superintendents and superattendentes, with the approval of the authorities and the people (as reported above), be elected, ordered and appointed from time to time in countries and cities, who shall perform the upper pastoral care and all pastoral office with teaching, administering the sacraments, practicing church discipline, and visit the nearest churches by themselves, by virtue of the holy scriptures and canons, faithfully perform and completely carry out, who are also all called to the synods, together with one or two of their priests, and in the same vote their conclusions, and should have the power and right to hold the true church court for the correction of all deficiencies that have occurred in doctrine and life at any time, as the canons command the synods.

(9) And so that the present bishops, who govern the lands and people who have come to the churches, may also render their service to the churches for their betterment, it would be appropriate for them to give special protection and protection to those who provide pastoral care, and to encourage them to hold and perform the synods and visitations and other necessary services of the churches all the more fruitfully.

Item 10: Help that the endowments for the needy, and what has been given and arranged for them in the churches, and is still being done daily, be well preserved, and used and given out to the needy for help and to the common church for improvement.

(11) Likewise, whatever may serve for external discipline, respectability, peace and tranquility should also be their concern before other princes and rulers.

(12) But herein the measures should be kept that those who are to perform the pastoral care and the pastoral service by themselves, their office and service in synods, visitations, ecclesiastical jurisdiction, and everything else that this service requires, shall not be confiscated, violated or prevented by the watching, keeping, protecting and promoting of these present bishops. So also that the supervision, handling, punishments and other things, which the secular authorities of every place are entitled to and commanded by divine rights, the old canonibus and Iegibus, in church matters, persons, services and goods, are hereby left unaffected and unchanged, free and complete.

(13) Hereby, as far as the temporal is concerned, everything would remain in the state and essence as it is now, and no one would be deprived of some of the dignities, sovereignties, or benefits that he now has, or may receive according to established rights or customs. But the dear churches of Christ would have their due and necessary service and care, of which they have hitherto been so miserably and ruinously deprived, restored and provided as is right and most necessary. Which both, who are now in such episcopal principalities, or who may be elected and appointed to them in the future according to custom, should see and faithfully help, because they thereby render their service to the Almighty and their obligated loyalty to the holy churches, and thereby gain the favor of God and of pious people, good and happy consciences, and the right safeguarding and fortification of their status, because under the name of ecclesiastics they burden the churches with so many unfit and harmful persons, on whom, after all, they have no influence.

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more temporal good is now being done than the true fit servants would need, and thereby arouse and strengthen God's most grievous wrath and all the godly's displeasure against themselves more and more, and for this reason put themselves in the greatest uncertainty and danger.

For the sake of names and titles, and what may serve to adorn and make respectable the princely and other authorities, and to fasten the due obedience of the subjects, it would also be easy to compare, so that each one may be promoted to perform his office rightly and blessedly, and no one may be burdened with impossible vows and infallible burdens.

15. But now it is not enough that one chooses, examines, proves, and employs suitable men, who are able to build up the churches in the right way and form, as required by the law of God and the old canons, and that one interprets to them the pastoral care and the whole pastoral service of order, measure, and division, as it is constitutive for the churches and as the canons command, and that one commands them to perform it perfectly in all church dealings and business, and, for this reason, free them from all worldly affairs, and faithfully protect them by the power of the church and the authorities, and promote their service for the best, but it is also necessary that they be granted and given all this, so that they may lead their particular life and being in a Christian and blameless manner, even without care for physical nourishment, and may set a good example to the congregations.
16. Therefore, because it has been experienced with too much grave vexation and ruin of the churches that not everyone is given the right to live purely apart from marriage, it has long been seen and grasped that God wants to keep His word: "It is not good that the man should be alone", and: "Let every man have his wife, and every woman her husband, to avoid fornication": then it will truly not be possible without damaging the churches any longer to make holy matrimony free for the servants of the churches, so that each one, having been gifted by God, may arrange his life so that he may serve the church without vice and sorrow, with a good conscience.
17. and shall be held in low esteem by overlooking the new canons, which are not in accordance with divine rights, after the older and apostolic canons, even the commandment of God Himself, have been so grossly overlooked for too long, with patience in the service of the church, which have most abominably defiled themselves publicly with all kinds of fornication, with which the Christians not only in sacred ceremonies, but also not in the church, but also in the service of the church.

The first thing we must do is to keep them as exiles and outcasts from the society of all Christians.

18 And this should also drive us to learn daily where they do not want to permit holy matrimony to church servants, so that we may not only not become particularly skilled, but everywhere no servants of the churches; for he who has a conscience and is not gifted for true celibacy will not put himself in danger of illegitimate status, although everything else in the church service would be so improved that everyone could take it upon himself with a good conscience.

19. As holy matrimony is not forbidden to the ministers of the church, so that they may live in Christian discipline and not cause trouble to themselves and others, so all business and frivolity, which are not appropriate to this holy service, and are therefore forbidden by the canons, shall not be permitted to them, As, all temporal merchandising, disorderly carousing, hunting, unseemly gambling, and everything that might violate or hinder in some way the observance of good practices which this service requires, as studying, teaching, exhorting, punishing, and presenting examples of repentance and all respectability.

(20) And so that the church servants and rulers may be free from all other business, and for the sake of their service alone, and may in all respects be solely responsible for the same, their food must also be ordered for their needs the more mildly, and yet all causes and occasions of all shameful and spiritual gain must be cut off and taken away.

21. And against the poison of simony the superiors of the churches, and also the common secular authorities, as it is crimen publicum, will have to watch and see with special seriousness, so that it will be completely kept that the Lord says: "In vain have you received it, in vain shall you give it.

For this reason, the serious laws and penalties against this pernicious addiction to simony, which we have in the canons, must be restored with all fidelity, and no one must be allowed to give or take any money or money's worth for any service, office, or election and appointment to the sacred offices, or any service, or temporal settlement, as it may be conceived and called, with the loss of all church services and offices, and, in addition, with the penalties laid down in the imperial laws. laws.

23 Therefore, in no way longer to be patient that the annals or some other money for confirmations, transactions, dispensations, and

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The Roman finances are to be given to Rome from German lands.

(24) Also, so that all ungodly requests and sacrileges remain completely avoided, the old canons must be restored to their value and force, which forbid that no one (whoever he may be) be ordained or appointed to the church service and enjoyment of anyone, unless he is rightly mentioned and appointed to his own service (by virtue of the canons), so that he actually performs such service. Also, that no one be ordained to more than one service, nor be given more of church property than is required by his faithful diligence, which he demonstrates in his service.

(25) It will also be necessary that the ministries of the churches be distinguished and kept in all dignity, as the divine law and the ancient canons have decreed, namely, that those who serve in the Word, Sacrament and church discipline be placed before those who serve in unnecessary offices.

26 The apostolic and ancient canons most earnestly demand all this of the rulers and ministers of the churches. Therefore, since the churches can never be helped from abuses and true Christian reformation, if they are not appointed and provided with properly fit, pious, proven servants, the highest necessity requires that in all these things and characteristics of the church servants, a proper and conducive understanding and improvement be made.

So much of church service, now of church goods.

27. As Christian love and fellowship demand that those who faithfully serve the churches of Christ in the word of God and in the care of souls be provided for their needs, that suitable people be raised and trained for such service, and that no one of the whole church of Christ be left in want, this love and fellowship has from the beginning of the church made it possible for the faithful to offer their sacrifice abundantly to the Lord for the poor, and later also the Christian emperors and princes have endowed the churches for such work in a most glorious way; This endowment has increased considerably over time for a variety of reasons, and has grown in wealth.

28 The ancient canons have prescribed this order concerning the use and distribution of such goods, that all these goods shall be divided into four parts, and one part shall be given to the bishop, so that he may the better receive and please the pilgrims and other needy persons; the other part shall be given to the other clerics, to be divided among them according to every diligence.

and labor in the service of the churches; the third, for the preservation of the temples and external instruments of religion; the fourth, to be given to the poor and needy, to be divided among them, both natives and strangers. And over all this the canons require that the bishops and ecclesiastics shall distribute among the poor all that they do not need from church property for the necessities of their service, and what they keep of such property for their necessities, or apply to other things, that such be a certain sacrilege.

29 And over these goods and their distribution were set from the beginning of the church, which were called diaconos, subdiaconos and oeconomos.

In addition to this care for the poor, much richer endowments, especially for orphans, widows, the weak and elderly, and all kinds of needs of the poor, as well as collegia for those who should be raised for church service, were established and splendidly endowed, and for the distribution of such goods special clerics were appointed, as the hospitals of the Holy Spirit 2c.., and which were called canonries, that is, regular clerics who lived with each other in Christian discipline and fellowship, and many others.

31. Now, however, it has long since come to pass that not only the ordinary fourth part of the old common church goods, as the first gifts of the churches, is not distributed and invested among the poor and the studying youth, who should be raised for church service, but also that much of the hospitals and colleges of the canonry, which were donated only for the poor and the youth, who should be raised and practiced as church servants, has been divided into benefices with all church goods (with the exception of a little for church buildings), The most important of these is for the very lowest and unnecessary church service, as singing and reading, to which service the canons command that only the young boys, lectores and subdiaconos are to be used. For they forbid the priests and deacons to perform this service, but require that the priests attend to the divine word and the deacons to the distribution of the alms, and that both attend to the judgment of the church and the pastoral care.

32 It is only a matter of time now how the several who do not hold these benefices at this time live and serve the church. And unfortunately it has come to the point that the very least is spent on those who are to provide the right and most necessary church service, as pastoral care; yes,

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The church staff, which has been abundantly ordained for such service by the elderly, has been withdrawn and distributed through incorporation of the parishes and other speed, also to the benefices of those who either do not serve the churches at all, or only in singing. And on those who should be raised to the church service, nothing at all is applied, yes, even that which was ordered to schools, these people have also drawn to themselves, so that one does not receive the schoolmasters more than it was ordered by the elders, let alone the pupils.

This is the reason why it is impossible to find ministers who are properly learned and capable of pastoral care, and why at this time many parishes in many countries remain unoccupied, while the others, the majority, are occupied by people who are no less suitable for any ministry in the world.

34 Now all ancient canons and dear fathers recognize it as a great sacrilege when the needs of the true Christian religion and the faithful in general and in particular are not provided for by the church goods. Now, however, the clergy cry out that it is sacrilege and theft from the church, where one wants to use and apply something of the church goods of such obvious grave abuse to their proper use, as to the services of pastoral care, schools and the poor. And this is for many the greatest cause of the present dangerous discord that hovers in the holy realm.

For this reason, the greatest need to preserve peace and tranquility in the holy kingdom demands that Christian improvements be made in this matter, which should be started by first providing the parishes and schools with the so rich church and monastery estates, so that they can easily be compared in a cheap and honorable way. And after the persons fall away, who are recognized by everyone as useless and more burdensome to the churches than useful, because of their skill and also because of their service, that then also stipendia for those who are to be raised for the right necessary church service, as the last necessity requires, and also for the poor a due part of these goods would be decreed.

Of the church discipline on the people.

36 And that also the Christian discipline of the common people, which has also most dangerously fallen into decay, may be restored, it will be necessary that over the common sermons and exhortations, which according to God's Word are most faithfully preached and taught, there may be a need for the following

that the catechism be practiced again with the youth quite diligently and seriously everywhere. And that the young people, when they have been taught so much of our Christian faith, also make their confession of faith publicly in church, and thus place themselves in obedience to the church, and thus receive the right confirmation, which is also reported in the book 1), so that they may be the better preserved in Christian discipline and daily improved, even if someone wants to resign again, prevented from falling or restored to repentance by Christian punishment and banishment, and thus a wholesome aversion to evil and zeal for good may be the better preserved and promoted in the whole crowd.

37. Therefore, the Christian ban will have to be put back into its proper use according to God's word, so that it is used salutary against the obvious vices, and not to collect debts, and to other worldly things, or against the vices, only for the sake of temporal enjoyment, and not to drive away the vices, as is done in the supposed states, for this purpose, suitable and certainly better ways would be found, where the churches of God are united in sound doctrine and the right use of the sacraments, and are appointed and provided with suitable, diligent ministers and overseers, and the catechism is faithfully practiced.
38. In order that in this and everything that is required for the Christian reformation, a thorough improvement may be achieved, and that it may be properly carried out and maintained, it will be necessary that the ordinary authorities be enjoined and commanded to watch and observe faithfully in all this, as the novellae Christianly prescribe; which shall also help to prevent the public idolatrous abuses, which are also partly reported in the book, and that no one is allowed the desolate, pernicious agressions of the church.
39. If now the Almighty would communicate His divine grace to us, so that the true Word of God and the old canons, which are drawn from the Word of God, would be restored, and the grave abuses, which have broken out in the spiritual state and the whole people of Christ, would be stopped and corrected, and thus dangerously prevalent, would be stopped and brought into correction, then all things would undoubtedly be helped, and a Christian, lasting reformation of the churches would already have been achieved, so that the Lord Christ would reign with us, and all good, in soul and body,

1. See above Col. 614.

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and would faithfully avert all danger and harm.

40 Since such a complete reformation cannot be brought about without a national assembly, this beginning should be made as soon as possible.

41 First, that it be decreed that the Christian doctrine, by virtue of the articles which are compared, be immediately conducted and faithfully practiced everywhere in the kingdom, and that the sacraments and other ceremonies, in accordance with the same articles, be administered and practiced as much as could be done in each church with improvement; and that in the articles which are not compared, each state should keep everything in accordance with the articles which are compared, as well as each could with true improvement of the Christian people.

42 However, since the people now know everywhere about the institution of Christ, according to which the sacrament is to be administered in both forms, it is left free for men to receive it.

43 Secondly, that every authority and church be given the power and command to look for faithful and proven pastors and other church servants, and to employ them in their churches, who prove themselves most faithful in teaching and other church services, to the extent now described. That the authorities are also promoted in this by men and not grieved by anyone, unless someone teaches or acts contrary to the compared articles, or would not be tolerated in church service for the sake of his life.

44 Thirdly, that the estates also take care of the physical provision for such servants, and the schools, as much as may now be done in the beginning.

45 Fourthly, in order that disorderly access and all unjust innovation may be all the less traveled, a brave and impartial chamber court, with the approval of both parts, should be established, which, if something should happen that would cause a rift or mistake about this beginning of the Reformation, would give decision and judgment.

46 Now against this, and contrary to the whole Reformation, it is accused that it is not proper for the German nation to change anything in religion without the other Christian nations, and where one wanted to do so, one made a severe schism and inequality with other nations. But it must be remembered that all Christians are obliged to put an end to all known abuses as soon as they recognize them, and to accept Christian reformation in all that is known about the

Our Lord must be commanded in his Scriptures. And he who is the first to be gifted with such a confession shall be an example of correction to the others. This makes no schism or abominable inequality in the body of Christ, the church, but is a blessed and praiseworthy beginning of the purification and health of some members, who may the better serve the others in attaining the same purification and health. It has been experienced enough that the Almighty God keeps those to whom he has graciously opened his word and will, and gives them that they rather leave the world than abstain from Christian reformation. If one did not want to promote the Christian Reformation in general, then, with the most severe wrath of God, a true abominable division would be maintained among ourselves in the German nation, to our ultimate destruction, and consequently the external inequality against other nations would also remain, and the latter would also be so much more annoyed and prevented from Christian Reformation.

Therefore, we should pay more attention to God's commandment and the ancient canons, and obey those who command each province and nation to put an end to what has been done wrong in the churches as soon as it is recognized, and therefore also to keep their provinciulia and nationalia coneilia. And in this no church, province or nation should wait for the others, who do not have the same mind, or for other reasons do not strive for reformation. So much for the correction of abuses in the spiritual state and religious matters.

II.

Concerns of the Reformation of the Churches, posed by Mr. Philipp Melanchthon.

I. Since in the Christian church the most necessary, noblest and first care should be that the holy gospel be presented to the people rightly, clearly and purely, it would be very useful that a common, orderly, correct summa of the Christian and most necessary doctrine, as a catechism, be set forth, of God, of the three persons of a divine being, of creation, of original sin, of Christ, and so on from the following articles of faith. In this summary, it would be useful to include the compared articles, so that many people would be taught Christianity and salvation, and unity of the churches among themselves would follow.

II. it is also to be provided with seriousness, and therefore to be kept, that on Sundays and other feasts

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the preaching shall not be omitted, and the rulers of the churches shall enjoin the pastors to preach right and Christian doctrine, and matters useful and useful to the people for salvation, for right worship and right invocation, and of such things as the people may require to be reported according to the occasion of the time.

And always at the end of the sermon should be added an exhortation to repentance, with a common absolution for those who amend and grow in godliness and faith; item, a common prayer for present need.

III And after the custom of the first churches to teach the Catechism to the children has almost in all places completely died out and disappeared, one of the first things necessary for the Reformation is to arrange the Catechism again for the churches. Therefore, to arrange that every week the pastor or deacon teaches the children something from the Catechismo for two or three hours, presents this in an orderly and simple manner, and interrogates them one after the other about faith, the Ten Commandments, the Lord's Prayer, the doctrine of faith, through which we become righteous and pleasing to God, about sacraments, about penance and good works, about patience in all kinds of suffering and the cross.

Childhood should be considered as the better and purer part of the church and God's people, therefore it should be diligently instructed, especially since there is also this great and noticeable benefit, that young used, old done, as it is said. If the heart, when tender and pure, is drawn to religion and the fear of God, greater love and reverence for God's word and all virtues will follow in old age; moreover, what one learns and imagines when young can be judged and spoken of much more truly and surely afterwards than what one begins to learn only in old age. About all this it is public that God has earnestly and often commanded that children should be taught His holy word.

IV. Because the ceremonies in churches are to serve to remind the youth and to draw and accustom them to the knowledge of God, the rulers of the churches should see to it that such honest and serious ceremonies are preserved, and that, on the other hand, mocking ceremonies are stopped, as if they were carrying around images, and as in some places it is the way that four strong men have to carry on one cross.

So also the images of untrue histories in the church, or for which one runs and there seeks help, are to be abolished 2c. Such abuses should be corrected in every diocese by some Christian and reasonable rulers.

V. This includes capable pastors, preachers and other church servants; but the fact that there are not capable persons in church offices is mainly due to two causes: one is that the lords who have the jus patronatus or the collation present unqualified persons for the sake of favor or pleasure or other unseemly causes.

The other cause is that the bishops approve and ordain all priests without distinction, and without proper interrogation and instruction. Because they have little concern for the salvation of the people, they pay no attention to whether the priests are learned or unlearned, they do not hold a visitation, do not instruct them, do not ask about pastoral care, but consider it to be a foreign matter.

VI To counter these causes, we must first speak of collation, as borrowing the prebends.

In monasteries it would be good that proper election according to the Canonum (canonica electio) is again arranged and held, that one also does not allow to penetrate by the papal month, or other practices, as those may have names, unlearned persons and at customs criminally.

Furthermore, concerning the parish priests, so that no one is deprived of his jus patronatus, the patroni shall nevertheless also hear testimony from the church as to whether the person to be accepted to the parish has a Christian mind and is of good morals; and the church shall have power to reject an unrighteous teacher, or one who lives in fornication, or to have the matter brought to the bishop or the rightful commanders over the churches.

VII The bishops or commanders shall not ordain without certain church service, as decided in the Concilio of Chalcedon, and shall not be idle pastors, ordained only to seek their sustenance by reading mass, as is very common.

Nor shall anyone be ordained without diligent interrogation, requiring that in every bishopric some honest, learned and experienced men be appointed to interrogate the ordained, who shall not admit anyone to ordination unless he brings testimony of his ordination to certain office and of his morals. After that, one shall ask about the doctrine, what his mind and faith are in all the main articles of the Christian religion. If one is completely unlearned, he should not be admitted to ordination, but the patrons should be told to look for another capable one; but if one has a good understanding, and there is hope for him, he should be diligent and study hard.

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If he is to be interrogated, he must be kept for a month or two, and an examiner must be assigned to him to instruct him faithfully; for the examiners must not only sit to interrogate one at a time, without any special work, but must also instruct and often interrogate the lesser ones.

The bishops and commanders should also order that the poor ordinands have time for entertainment and are provided with some necessary books, and if the bishops want to complain about this, they should remember that there are no more praiseworthy and God-pleasing eleemosyns than to promote the poor priests' studies for the welfare of the churches and the souls' salvation. That these great church goods are also given to them for such eleemosyna, therefore they shall order the poor ordinands hostel, and reasonable people to instruct them.

VIII. That also the pastors and other church servants, priests and deacons, may call upon God with a good conscience and right faith, the law and all duty, by which the pastors are forbidden to marry, shall be abolished; and it shall be permitted to ordain and elect honest men, who live in marriage, as priests, even to those who have been elected single and ordained priests, to become married afterwards. For if this is not permitted, it is evident that in many places the parish churches must remain desolate and without pastors, as it is known that for this reason many churches, especially in the bishops' lands, now stand vacant.

Therefore, this human prohibition and unjust law should give way to the great need of the churches and the necessary ministry, which cannot be preserved if this marriage prohibition is not removed, thereby keeping the godly from the ministry. It is undoubtedly terrible for all the good-hearted to remember what multitude, for so many hundreds of years, fell into eternal damnation through this law.

Therefore, although the celibate state is perhaps more convenient for the preservation of goods, one should nevertheless value right worship, the salvation of souls, and public examples more highly; the poor priests, if they thus remain in an evil conscience, cannot call upon God, and fall into eternal wrath of God and punishment, and harm other people with their anger.

If the high chiefs and rulers cannot be moved with such important causes, but remain so hard, and prevent right invocation of God in priests, and do not have compassion on their eternal ruin, then it is verily

the church in severe prison; therefore, we ask that this marriage ban be removed.

IX. In all countries this is a common abuse that greatly angers God, that many people who live in public sins receive absolution and the sacrament without serious repentance and correction, even though they come to confession for the sake of habit, and present themselves devoutly, yet they knowingly retain evil intent and will.

This public abuse is strengthened by the fact that for many hundreds of years the bishops did not keep the church courts seriously, as we will say hereafter.

However, the parish priests are to be ordered to administer the sacraments with due caution, and not to absolve anyone who does not promise to amend his life, and, if possible, they are to report the disobedient who persist in public disgrace to the ordered ecclesiastical court, or otherwise to the authorities.

X. The parish priests shall once a year interrogate their people, especially the unlearned and untrained, about the faith, and this shall be done in the church. No one can refuse to do this, for we are all obliged to confess our faith, especially to Christian, learned and faithful pastors, if they demand it of us ex officio. The parish priest shall also reasonably and seriously admonish each one, according to his age and status, to keep to the rules, and instruct the unlearned in the faith, customs and sacraments.

XI. In order that the people may receive the Sacrament of the Body and Blood of Christ with a good conscience and good confidence in God, the consciences of those should be helped who know the custom of the first churches, that the whole Sacrament is offered to the people, and who desire to observe it. This rule should be considered here, so that no one can call upon God in an evil conscience, for it is fleeting before God and does not allow Christ to lead it to Him.

In order that God may be honored and the salvation of souls promoted, all rulers are obliged to take the utmost care that right consciences are not wounded.

This sacrament is designed to awaken faith and bring comfort, and to exhort us to thanksgiving. Where the conscience remains wounded, it cannot accept consolation, nor can it give thanks. These secret wounds of the conscience should be known and understood especially by the rulers of the churches, therefore the unjust prohibition of the chalice should be removed.

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XII. The greatest and vilest abuse is that no ecclesiastical judgment is held of the doctrine and customs of the priests and the people.

The popes have not held a concilium for the sake of doctrine in many hundreds of years, and even now they do not allow it to come to a proper, cheap interrogation.

The bishops have officials sitting in cities to interrogate marriage cases and to watch over some minor ceremonies. These officials are unlearned, frivolous people who seek only money and do not understand their own office, nor can they perform it.

We cannot commemorate the churches misery without pain. German nation has many who bear the episcopal name and title, but we do not have a bishop who can perform the ministry.

Accordingly, there are four parts of the episcopal office, namely the first, teaching, and instructing and guiding the other teachers; the second, ordaining priests, and diligently interrogating the ordinands; the third, holding church court; the fourth, visiting churches and seeing that they are properly appointed and governed; So our bishops in Germany retain of all these only a shadow and mere ceremonies of the one part, namely the ordination, which they hold without necessary interrogation and instruction, and are secular princes besides, which we do not oppose. But in order that the churches may nevertheless be cared for, it is necessary to think of ways that some unhindered persons may seriously take over the church government.

And as it was said above, that in every bishopric some certain learned, honest persons should be appointed for the ordination and interrogation of the ordinands, so the same, or some more persons, should be appointed for the ecclesiastical court and visitation, so that the episcopal office would have a proper administrator, namely a distinguished, learned, diligent regent, or this number of the judges, as a magistrate. For the church's great need is to hold the ordination with such seriousness that the ordinands are diligently interrogated and instructed, and that it is not just a mere ceremony.

Furthermore, it is necessary to have ecclesiastical courts of doctrine, and such predecessors as the other teachers may follow, and take form and manner of teaching from them.

One also needs 1) these courts for the matrimonial matters and preservation of a serious Christian ban. These episcopal administrators, or this ecclesiastical court, shall be protected and administered by the lord who holds the episcopal title.

Now, if the monasteries had God-fearing, learned, understanding, and practiced canonicos, then

1. In the old edition: "on".

the most convenient to make such judges of the same; but some honest and learned laymen should be elected to them, and according to the size of the bishoprics the courts should be more or less, but over others one the most distinguished, appointed with excellent people, to hold as governor of the bishop, and to conduct the episcopal office with earnestness.

For such a court, salaries from some prebendaries or monasteries should be decreed, and the rich monasteries should be used primarily for such proper church needs; for such a large number of useless people in monasteries and monasteries is unreasonable and against divine right, and against the old and common canons of conciliation.

Only men know that it is easy to buy from the officials, they take money, and allow adultery and other bad habits. This great frivolity gives rise to sins. Therefore it is necessary that a right seriousness be shown in church courts and in due punishments, and it is honest to maintain this. Secular authorities shall perform their office with seriousness; and as they proceed in secret matters against the laity, in theft, manslaughter, adultery, so in like manner they shall have power to punish the priests, and shall punish them if they are convicted of such offences as adultery and other fornications, theft, manslaughter 2c. And the secular authorities shall be diligently admonished not to be slothful in their office. For this state is commanded by God to maintain and protect discipline, as Paul says, authority should honor good works and be terrible to evil ones.

Now this is not a small cause of many bad habits, that the officials have drawn the punishment of adultery to themselves, and thus given cause for the secular authorities to do nothing about it.

On the other hand, secular authorities should know that God has commanded them to punish all evil and disgrace with corporal punishment, and they should show diligence, earnestness and zeal in this.

In addition, the ecclesiastical court shall also perform its duties, and because in many places secular authorities, out of old and evil custom, are lax in punishing adultery, the parish lords and the ecclesiastical court shall show all the more diligence and seriousness in their duties and orders.

The parish priest shall admonish those who are in public sin to reform, such as adulterers, public despisers of the Christian religion, those who dishonor God with cursing and other such things. If such a person does not amend, the parish priest shall report him to the church court.

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The court shall investigate the matter and banish the culprit, and report its verdict to the secular authorities.

And these tribunals shall be appointed with a certain number of learned and righteous men, that no man be brought into complaint through hatred or other inequity.

Nor shall the priest alone, without the judges, or otherwise without the presence of some honest men, banish anyone from his church.

For ecclesiastical courts are therefore called that more people than one person should be present, as Paul also commanded; and because the church is afraid of all tyranny, it is proper to avoid in these courts especially what might lead to tyranny.

These judges shall also visit the churches at the appropriate time and inquire about the doctrine of the priests and preachers; they shall punish those who bring unrighteous doctrine to the people and condemn and forbid unrighteous doctrine with Christian reason. They shall also abolish idolatry and abuses that occur, as idols, to which the people run 2c.

They shall also see to it that the schools are properly ordered and that the youth is instructed in useful doctrine and good order, and kept in good discipline. They should also work diligently to ensure that the printers of books are respected, for it is a noticeable concern what doctrine and opinion (concerning religion and all other things) is presented to the people through writings and books, which they read daily and willingly; and it is especially important to prevent false doctrine in religion and disgraceful writings from being printed.

Therefore, the authorities in all cities shall appoint honest, learned, and reasonable supervisors, without whose approval nothing shall be brought to light.

Also, investigation shall be made of the priests' and laymen's customs, and where it is found that a priest has committed an evil deed, he shall be subjected to corporal punishment, as a layman. And we mean that for this reason the priest should be spared all the less for the sake of adultery and other fornications, because we seek to praise God and to make them blessed, so that they are not forbidden to marry.

For this reason, fornication against them shall be punished with severe corporal punishment.

The visitators shall also hear how the church income is being kept, and see to it that the parish priests and other church servants and the schoolmasters are paid their salaries faithfully.

XIV. In schools is mainly the seed of Christian churches, in addition to learning other laudable arts, useful for good government; and, in sum, noble schools are the fountain of all moral being in human life, and if they fall into disrepair, great blindness must follow in religion and other useful arts, laws and histories, and a grossly animalistic life and nature follow among the people; therefore all wise rulers have considered that the schools should be preserved, and that they should be a great light of civil life.

Rather, schools are to be maintained in Christendom so that Christian doctrine and other arts are taught for and for, which instruct the youth to grasp divine teachings properly, and are otherwise conducive to all discipline and virtue.

In this we shall also be moved by the praiseworthy custom of God's churches from the beginning. God ordered the Tabernacle to be built, and then the Temple to have a large number of Levites, like a school, where the youth had to study with each other and learn God's law, history and other useful arts.

So Samuel in his youth was sent to the tabernacle, as to a university, and afterwards Elijah, Elisha, John Baptist", Christ have had special disciples.

The same afterwards the apostles, as Irenaeus writes of Johanne, that many were around him as pupils, whom he instructed also apart from the common sermon. Of such habit, first of all, the monasteries were of origin, and it was very useful that such people were with each other, who could be witnesses to what books the apostles received, and what their minds were in high articles. For this reason, these schools and colleges are often referred to, and the proper succession is praised, of which there is now much talk to confirm the authority; but the ancients held them in high esteem because these assemblies were certain witnesses of books and of the apostles' doctrine and understanding.

After that, however, when the monasteries became rich and the bishops were burdened with secular government, the studies fell among them, and great wars occurred, and foreign peoples fell in Asia, Greece and Italy, so that there was little other study; there were many errors and superstitions. After that, the theologia of the monks came into the world, which is mixed with unrhymed philosophia and hypocrisy. This theology now also falls away; therefore, the great need of Christianity demands that the

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The rulers should have an understanding and see to it that Christian doctrine is again practiced purely and thoroughly in the schools and universities, that the schools are appointed and maintained in such a way that true, wholesome doctrine may remain and be passed on to the descendants.

And since there are many parish churches in each country, it is necessary to maintain poor students from endowed eleemosyns, who, when they have grown up and studied, are then given the parishes.

This is how it was done in the church a thousand years ago with the education of the poor disciples.

Our counterpart complains very much about us, we do not stick to old custom, although they themselves are the ones who broke much noble old order, have also completely dropped this useful way of practicing the studia in the churches, which originated from the prophets and apostles.

So that God's word may not be extinguished, all rulers should ensure with the utmost seriousness that the schools are properly appointed and governed, and that people are raised to the parishes.

The universities also need two kinds of improvement at this time, namely in teaching and manners. How the teaching should be in theology and other arts, of which the intelligent and scholars should make good order in every place, so that the youth is not only held to worldly arts, but above all to God's knowledge and Christian teaching.

Item, that they learn useful arts, and the right philosophy, not the useless intricate sophistry, by which good ingenia is missed, confused and corrupted.

But how to keep it with the studies is to be ordered in each place by the understanding.

But as far as the reformation of discipline and manners is concerned, nothing fruitful can be done without the help of the authorities. For, if the courage of the young people is to be controlled, they must again be put in fear by serious punishment, imprisonment, distemper, and the like; for the youth of this time has become so wild that it will not be governed by words and commandments alone, therefore it must be thought of in another way, that the youth be brought into a more restrained, quiet, disciplined nature, that they also be accustomed to the fear of God by praying, listening to sermons, and such Christian exercises.

XV. For these three, namely for the appointment of the parishes, the courts and the schools, one needs endowed interest and income; such one also has (by God's gift) abundantly, if one only does it right.

wants to apply. For this way is easy to find, that the nobility uses the greater part of the income in monasteries, and nevertheless still some monasteries and convents are turned to the mentioned order, namely for the improvement of the parishes, for the maintenance of the persons, who are to be ordered to the courts and visitation.

Item, to the schools, since one must give not only to the legents salary, but also a number of poor boys, so one, in Christian teachings to raise, receive.

The rich monasteries should be turned to this custom, where nowadays such a large number of idle and useless people take away the bread from the priests and poor students in front of their mouths.

And it would be better to do away with such monastic life altogether, than that Christian pastors with their pious wives and children, and diligent students should suffer hunger, or that the churches should stand alone and desolate, without pastors, or that the studia should perish.

Since Christ says: "The worker deserves his wages"; and Paul: "No man of war can travel without pay", it is public that it is God's commandment to provide teachers and students with pay and assistance as opportunity arises.

For this reason, Christian kings and princes have given the churches large estates for such use. Now it is unreasonable that useless persons consume them and that the necessary services remain unoccupied. This is to be changed by the high rulers' advice and assistance.

But it is always good for the virgin monasteries to exempt the weak female nature from the vows. For the rulers should always have this rule in mind, that they should not prevent right invocation of God; now one cannot invoke God with an evil conscience, nor should the souls be torn from God into eternal damnation.

Because so many have evil consciences in such weakness, the vows should be taken.

And yet the poor virgins of the nobility should be helped from the income of these monasteries, so that annually some virgins would be given money, and for this reason the goods would be faithfully ordered.

For it is not advisable that virgins should remain in field monasteries, in villages, or where not many people live.

But if one wants to turn some virgin convents into virgin schools, this should be done in cities where there is an honest regiment and where honest, God-fearing matrons govern the youth.

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And it would be desirable that such honest virgin schools, without vows, were established, in which noble and other virgins learned to read, and were brought up in Christian doctrine, Christian exercises, and good morals, and would nevertheless, when they grew up, go out and become honest and Christian freemen.

Such schools would be a continuation of the old, laudable custom, when at the tabernacle and house of God in Jerusalem honest matrons raised the young virgins, instructed in worship, as the prophetess Anna, and Elizabeth, the mother of John the Baptist, had been, to whom Mary came to hear their teaching.

May God, the Father of our Lord Jesus Christ, who has chosen for Him a Church in which He will be praised forever, purify, govern, multiply and protect it. Amen.

1385. imperial majesty avschiedlicher borschlag, all states the 12. July 1541 vorgehalten.

All of the following documents, from No. 1385 to 1398, are found in Bucer's nota and in Hortleder's at the places indicated before. In 6orp. Lek., vol. IV, 510.

I. The Roman Imperial Majesty, our most gracious Lord His Majesty, our most gracious Lord, has, at the request of the Princes, Princes and Estates, as well as of the absent envoys and embassies, communicated to the Papal Holiness Legate all matters of religion that have been dealt with by the appointed judges, to hear his opinion thereon, and also to order the same legate with special diligence to this matter, as well as the Reformation, so that it may be carried out in a beneficial manner (as such a thing is required by great necessity, and has been requested several times in previous imperial diets). To both of which points the above-mentioned Papal Legate has given his answer. His Holiness Legate has given his answer, as the Estates can hear from two writings, 1) which he has sent to Her Majesty.

II. because Her Majesty has shown all possible diligence in this matter of religion, and cannot imagine that anything further will be done at this Diet, and especially in view of the above-mentioned writings of P. H. Legate, and because for the sake of this action one has now been here for a long time, and nevertheless has not heard anything about it.

1. No. 1386 and t387.

the manifold efforts and labors which Her Majesty has undertaken in this matter may be accomplished nothing more; for the Turk, the enemy of our holy Christian faith, is also in splendid armament and training to attack and damage Christendom mightily by sea and land: Her Majesty deems it necessary that the final decision and approval of this imperial action be taken in the most expedient manner, and that the matter of religion, peace and law in the Holy Roman Empire, and the manner in which they are executed and administered, as well as the urgent and persistent assistance against the Turk, be finally dealt with, and that Her Imperial and also the Roman Royal Majesty and the common estates be informed of this. The Roman royal majesty and the common estates, and each of their parts, will do their utmost to meet the persecutor of the common Christianity with a formidable resistance.

III. And although Her Majesty would have liked to see and hear from the estates the ways and means which they consider good and useful for peace and justice and the handling of the same, as Her Majesty kindly and graciously requested from them some days ago, but nevertheless received no answer; Nevertheless, since the greatest need exists for Her Majesty to send and prepare herself to resist and break off the Turks in counterarmament, she has deemed it good to propose the following opinion to the Estates, as useful for the passage of this Imperial Diet.

IV. Namely, in view of the manifold efforts and labors that have been expended in the matter of religion for a long time, and so that it will not be drawn into new disputes, also to prevent and cause further trouble, and thus to leave all the less discord, and for this, with the help of the Almighty, it may be the more easily proceeded to the final settlement of the remaining disputed articles, whether it is considered good (but without giving up the Augsburg parting), to consider the points of which the colloquers on both sides have settled, thus good, and to leave it at that? at least until the next common council, to which the final discussion of these and the other points should be reserved. Because the papal legate himself considers this to be good, as far as the common council would be held favorable; as then the same legate would bring writings, and he would make sure of it; or as long as otherwise, by due means, with the consent and agreement of the estates, other order and provision would be decided and arranged.

V. Whether also considered good, in case so the

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The Council is of the opinion that if the Holy Council should not be held conducive and brought into action (as the necessity of religious matters requires to the highest degree), then another common imperial assembly would be described to take further action on religious matters and to promote and bring them to a due conclusion, which Her Majesty, for her part, also does not want to let anything prevent; and is of the opinion that, with the grant of the Almighty, he should dispose of the Holy Roman Empire of the German Nation in the most beneficial manner possible, and to show and prove himself in everything in the manner befitting and befitting a Christian emperor; and is also anxious to dispose of papal sanctity in a beneficial manner now, and to actually hear from it what is to be hoped for on account of the Concilii.

All prints of books and writings concerning religion, as well as all defamatory writings, whether on account of religion or other matters, shall be forbidden to be printed or to go out with severe penalties.

That the Nuremberg Peace Treaty is now also being held steadfastly and firmly, and that one estate does not take any action against the other, nor does it deprive the other of its own or impede it. And the Emperor. Majesty shall now immediately declare, on account of the disagreement and grievance that has arisen in the same state of peace, as would be considered acceptable according to the form and occasion of the matters and the discord that has arisen among the estates, with reservation of further declaration, which Her Imperial and Royal Majesty, or one of them, who will be present in the Holy Roman Empire of the German Nation, shall also have to do in the future; however, the Augsburg parting is not subject to this.

Item, that the Imperial Chamber Court shall remain in its authority, power and jurisdiction. Chamber Court shall remain with its authority, power and jurisdiction as previously decreed and established with the advice and consent of the common estates, and shall also be obeyed by all estates. It is also the wish of Her Majesty that the common estates do so, since Her Imperial Majesty has now established the Chamber Court as a court of law. Majesty has now maintained the Court of Appeal for a long time at her own expense, and the same is still owed several quarters of its earned remuneration, so that the said Court of Appeal may be relieved of such owed remuneration, at her, the Estates', expense and presentation, and be maintained in the same manner in the future; in view of the fact that Her Majesty has maintained the same for a good while at heavy expense alone, as has been stated.

And whether the estates consider it good that the visitation of the aforementioned chamber court takes place.

The same shall be done according to the order that has been made and established for this purpose.

Her Majesty's kind, gracious request is also once again to the common estates that they want to provide the urgent assistance completely without further delay, in view of the great need, and that the persistent assistance be acted upon and concluded in a beneficial manner, so that further damage and harm that may occur to the Holy Roman Empire of the German Nation may be prevented and thereby occur.

That the common estates also want to think about what is to be done and carried out with regard to coins and other points, as reported in the invitation to this Diet.

Now hereupon it is her Majesty's kind, gracious request and desire that princes, princes and estates act in all the aforementioned points without interruption, move them most diligently and settle them, so that a final conclusion and resolution may be reached in view of the aforementioned causes, and that such necessity requires the highest.

1386 The Roman legate's answer, given to the imperial Majesty, from the action of the conversation.. July 12, 1541.

See the previous number. Latin in 6orp. The timing is based on Bucer's statement that this and the following document were delivered to the emperor on July 12. Eck places July 13.

We Caspar, by divine mercy of the Roman Church of the title of St. Apollinaris PriestCardinal, Contarenus, of our most holy Lord the Pope and the Holy Apostolic See in German lands Legate de Latere. When we were summoned by the Emperor's Majesty in her and the Holy See's honor. Majesty in her name and that of the most venerable and most illustrious princes of the Holy Roman Empire, what we deem good, of what has been negotiated and written in the religious matter between the collocutors of the cathoIicorum and the protesters, whom Her Majesty has decreed for this transaction, in a book, given by Her Majesty to them, the collocutors, and also in some additions of both parts, and some quinterne of the protesters:

Hereupon we say, after we have well asked and considered everything, that considers us good: Because the protesters in some articles cede common sense to the general church,

734 Cap. 18. of comparative religions. W. xvn, 9i6-919. 735

In which, with the help of God (as we do not throw away our hope in this), they will in time also be healed with us, that nothing else be concluded or established by all the others, but that the matter all be sent and delivered to the Pope and Apostolic See, who will discuss this matter in a general concilio, which shall be held not long thereafter, or in any other proper manner as the matter may require, according to Catholic truth, and conclude and establish, in consideration of the matters and time, that which is deemed useful to common Christendom and this noble German nation.

Caspar, Cardinal Contarenus, Envoy of the Apostolic See.

1387: The Roman legate's document in which he urges the bishops and prelates to reformation.

admonished. July 12, 1541.

See No. 1385. in 6orp. Nek., vol. IV, 507.

Most venerable and most illustrious lords! When your most reverend and most illustrious lords came to us yesterday in good numbers, and we presented to them several pieces that we consider to be especially useful for Christian reformation, these same lords requested that we put into writing what we had said orally, and send them a copy of it to your most reverend and most illustrious lords, so that they might inspect and consider it all the more carefully. Therefore, in order that we may please your most reverend and most illustrious lordships, we have included in this document the same which we thought we had presented orally yesterday, as briefly as we liked.

And the first thing is that we admonish and remember your most venerable and most glorious glories in the Lord, concerning our every life and conduct, in which we are to make every effort to please God Almighty, and to be found faithful stewards and righteous shepherds of the Lord's flock: therefore we are to avoid first of all all all vexations, that the people may not entertain even a slight suspicion that we are given to some pleasure, avarice, or ambition. We must also avoid all pomp and opulence in food, in housekeeping, in clothing and everything else that tends to annoy the laity and the whole people. The change concerns our servants. From their

customs where the Christian and good, the

But where they are bad, they are very angry, and they easily fall away from the manners of the spirit, as the manners of the bishop are. Therefore, every prelate should take the utmost care, as St. Bernard exhorts at length in the Book of Considerations to the Supreme Pontiff Eugenio, that he obtain for him an honorable servant, and also keep the same from all defilement and suspicion. Yes, that he may so instruct and instruct it that the people may be instructed and edified to good by the conduct of our household servants.

The third concerns the care of the herds, which we are commanded to take care of; to this end, we see to it that it is most important that the bishops have their seats and dwellings in the most populous places of their dioceses, so that they may prevent and provide that the addiction, which is now sweeping through German lands, does not creep in, and where this wants to happen, it is remedied immediately and in good time.

It will also be useful for the bishops to have faithful overseers at the other places where they do not live themselves, so that they can be notified at times when the evil-doer wants to break in by trickery, so that they can immediately take care of it and take remedial action. It will also be very useful for them to visit their bishoprics, as the chief captains are wont to do in cities that are besieged or otherwise being warred against by enemies. They shall also see to it that the service in our churches is conducted properly, and that the benefices are conferred on pious and suitable men.

The fourth concerns the distribution of the bishop's goods and income, which arouses great hatred among the people when it is seen that the bishop incurs great expenses in the abundance and splendor of the house and of the household, and that the poor are abandoned along with them. Therefore, such expenses should be avoided, and the poor should be helped with great faithfulness, and the greatest charity should be shown to their need. In this way we will make God gracious to us (for he who has mercy on the poor lends to God on usury, as Solomon says), and the people kind. Such a distribution of our goods will serve this purpose.

The fifth concerns the discipline and instruction of the people. Pious and learned men are to be appointed as preachers and teachers of the people, who teach good manners and right doctrine by word and example, and who are not quarrelsome, nor do they attack the adversaries too vehemently, so that they are not respected for hating the adversaries, but rather are not considered to be the teachers of the people.

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They love them and do them good and seek their salvation first and foremost. For if one attacks the adversaries sharply, he only irritates them more and makes them stiff-necked, and does not edify the people.

The sixth concerns the instruction of the youth in languages and the good arts, in which we see that the protesters omit nothing, but use all their diligence and ability to have learned and famous people in their schools, whose good reputation and fame attract and move the German youth, especially the nobles, to their schools, since they then also take up the teaching of the protesters along with the good arts. And when they are corrupted by this and thus spread throughout the whole German lands, they poison others with it as well. For this reason, every effort must be made to establish schools and universities among the Catholics, and to appoint teachers who are Catholic and truly learned in languages and the good arts, and who are also well known, so that the youth and the nobility are encouraged and moved to our schools and universities by their reputation and good fame, and are also taught proper doctrine along with the good arts.

The bishops should also admonish the parents not to send their children to schools for teaching, where there is not the right faith, namely, if they will now have orthodox schools with us.

We have presented this to Your Most Venerable and Serene Majesties, as common main points, to which many special and proper articles, according to every good sense and wisdom, may be added, so that we may render obedience to Our Supreme Lord, the Pope, who has commanded us these same E. Glories to Christian Reformation, and that we may also align our office, which we bear, with it, as the office of a legate of the apostolic see, to whom the care of all churches is due, and that we may also thereby do enough of the brotherly love and kinship, which we have towards this so noble and dear nation of yours.

Caspar, Cardinal Contarenus, Envoy of the Apostolic See.

1388 Responsibility of the Preachers of the Protesting Estates against the above two writings of the Papal Legate, handed over to Count Palatine Frederick on 2V. July 1541 handed over.

See No. 1385, in 6orp. Leck, vol. IV, 559.

When we understood that the Cardinal Contarenus was to come to this discussion day, we were of good hope that he should not only help to make a good Christian concordia with his reputation and power, but also bring the Christian doctrine more to light and explain it. For this generosity and frankness is actually due to a learned, wise man, that he may freely bring forth and say what he, and especially in the church, recognizes to be right. But his knowledge of the book and our articles, which he has given these days, does not correspond to our good expectations of him.

(2) For we are offended by his unreasonable prejudice, since he well sees that we hold nothing, give nothing, or teach nothing that is contrary to the common sense of godly and learned people in the church of Christ, but that some pieces of Christian doctrine have been explained and expounded in our churches in a godly and useful way. Still he has given his judgment by saying: that we depart from the common attitude of the Christian church. In the other scripture he also tells the bishops to wake up, that they should eradicate the doctrine that we lead. He has publicly stated this, so we must not ignore it, lest we be thought to condone his judgment of us. For this reason, we also ask that it be granted to us that we oppose and present this answer, which we have written with truth and moderation, to his unjust judgment.

(3) We confess that we have punished and rejected some errors which before this time had broken down and become very prevalent in the church. But he does injustice to the church of Christ who calls such errors the common attitude or mind of the general church. Human arguments, spread in the church against the gospel, even though the long time and examples of great men and the multitude have given them a reputation and credibility, they are still not the common understanding of the general church, which stands and is understood in the writings of the prophets and apostles, and the doctrine and attitude presented to us by the apostles through proven testimonies.

4 We accept this common unanimous understanding, hold and protect it, and will never depart from it. The Contarenus knows what are the infirmities of the church, what is the desolation of the Lord's Supper in the masses, what is the injustice in the invocation of the saints, what is the defilement in the Roman illegitimacy,

738 Cap. 18. of comparative religions. W. xvii, 921-924. 739

what ignorance there is among the people, who are not properly taught about repentance, about the good deeds of Christ, about faith or trust, which accepts the forgiveness of sins for the sake of Christ. He sees that not only the monasteries, but also the books of the newer Canonum are full of superstition and false worship. He sees that the theology of the monks is completely watered down and in many places not at all like the old theology. In these abuses, we confess, we do not hold with the heap, nor do we respect that he himself approves of these abuses. But this is not to be dismissed by the common unanimous mind of the general church, and therefore it should cease to throw these false vices at us.

(5) But that he further says in his writing, that he does not throw away the hope of comparison with us, he should know that we will never accept the errors, which we punish and reject, but shield them not only with their knowledge and decrees, but also with new vehemence and punishment, which is foreign to the church of Christ. For it is evident that many honest people, and among them some excellent learned men, have been killed simply because they freely confessed the godly doctrine.

(6) And what does Contarenus do in his other writing but confirm this rage against devout Christians, when he tells the bishops to prevent the defilement or addiction that pervades Germany from creeping into the bishoprics, and gives orders to take remedies against it? For what remedy can he mean other than the usual ones, such as cutting, burning, and killing? But these remedies are new in the church, and are especially incompatible with the nature of this nation, nor should they be approved by the man who wants to be regarded as a promoter of peace and unity. The bishops would easily maintain their prestige and power if they corrected some abuses and helped the godly conscientious. We have often testified to this, and we recognize it to be the only way to concord, especially in the church, in which the gentleness of the superiors should shine and prevail.

(7) We have therefore wanted to report this, so that we would not be considered to approve the writings of Contarenus by going around them, and we only urge that they not fall prey to this unjust prejudice of Contarenus, but hold our doctrine itself against the gospel that is presented to us in the apostolic writings and the examples of the first churches.

Preacher of the Princes and Estates of the Augsburg Confession relatives.

1389. the second writing of the Roman legate, in which he explains his previously given answer (No. 1386) about the action of the conversation. July 19, 1541.

See No. 1385 in the 6orx. Uek., vol. IV, 555.

We Caspar, by divine mercy of the title of St. Apollinaris of the Holy Roman Church Priest-Cardinal, Contarenus, of our Most Holy Lord the Pope, and of the Holy Apostolic See in Germany Envoy de latere. After we have understood that our writing, which we have written next in the trade of the religion of the Emperor's Majesty, is not to be considered as a document. Majesty of the action of the collocutors, ordered by her Majesty for this matter, has been received and interpreted unequally by the princes and estates of the empire; namely, that some want to understand and interpret our writing as if we were of the opinion that the articles, which some claim to be compared, should be accepted and tolerated until the concilio and be kept by everyone; the others, however, think that we have referred the whole action of the collocutors, and all actions and disputations practiced in the colloquium, to the knowledge and decision of the pope and apostolic see in common concilio 2c. have pointed out. So that no doubt may remain in this matter and our mind and will be clearly understood, we declare our mind and will thus:

That in all this business we have not, by our reported writing, wished to decide or conclude in any way that some of the articles applied should be accepted, or tolerated, or kept until concilio, as we have not yet decided or concluded this, but have assigned and reserved the whole reported action and all the articles of the same to the pope and apostolic see, to conclude the same in common concilio, or in some other way 2c.., as we have reported in the Scripture, to which we also assign and reassign all this. Which opinion we declare with this writing, as we have also declared it before to the Imperial Majesty. Majesty, declare and confirm.

So it is to him; it has Caspar, Cardinal Contarenus, Legate, > written.

740- Section 3: Colloquium at Regensburg. No. 1390. w. xvn, 924-926. ' 741

1390: The Elector's response to the Emperor's farewell objections. July 17, 1541.

See No. 1385 in the 6orx. Ref., vol. IV, 524.

The Roman Imperial Majesty, our most gracious Lord. Majesty, our most gracious Lord, most gracious report, in which Her Majesty, at the most humble request and request of the common estates, communicates to the papal legate all the actions of the ordered collocutors, to hear his opinion thereon, the Electors and the absentees' messages with the answer given by the pope's legate, in addition to others, which the Imperial Majesty has graciously notified to the common estates, have been heard in all humility. The Electors and the absentees' messages, with the Pope's legates' answer and others that His Majesty has graciously indicated to the common estates, have been listened to in all submission.

And know well at the beginning what faithful, gracious and unsaved diligence their Imperial Majesty has done some years ago out of imperial, paternal and also gracious love and affection. Majesty, out of imperial, paternal, and also gracious love and affection, which they bear for the German nation. They have repeatedly and in many ways endeavored to bring the discord of our holy religion to Christian unity and harmony, and to plant and maintain peace and tranquility in the holy empire. To which gracious and faithful diligence the Electors and the absent embassies of their Imperial Majesty express their most humble thanks. Maj. most humbly thank, with the entreaty to humbly respect it for the sake of their Imperial Majesty at all times. Majesty at all times.

And have seen and discussed Her Imperial Majesty's M.'s gracious handwriting, considered and deliberated. And as far as the initial proceedings of the colloquium are concerned, on account of the disputed religion, they consider it useful and good, and they are pleased to consider the points and articles of which the colloquium participants have agreed to be good, and to leave it at that, until a free Christian concilio, or a national assembly, is duly convened; or, if none is to be obtained, until a future Imperial Diet, in the hope that this will be useful and profitable for the prevention of further trouble and discord, as well as for the final settlement of the above-mentioned and other disputed points.

Where there is still hope of settling and reconciling some of the points in dispute, the Electors and the absent embassies have asked the Imperial Majesty in all humility to seek gracious ways of doing so. Majesty to seek and undertake gracious means and ways in this matter.

In the event, however, that it is not possible to raise such a charge at this time, the Electors and the absent embassies shall request the Imperial Majesty to grant them the right to do so. Majesty but

The Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor. Majesty are humbly grateful) act with Papal Holiness, and faithfully promote, for the discussion and settlement of the above-mentioned and other unresolved points, to proclaim a common free Christian Concilium at an appropriate place in the German nation for the most beneficial, and to hold it immediately, also to request other Christian kings and potentates to appear at such Concilio by themselves, or other skillful, experienced persons and theologians.

If, however, such a council should not be able to proceed due to matrimonial hindrance (which the Electors and the absent embassies, on the Roman Imperial Majesty's most gracious assurance, do not wish to do), it will be maintained by the Imperial Legates. Majesty, as well as the papal legates' most gracious entreaties, by no means, but rather want to ensure that all possible diligence is taken by the Imperial Majesty for its preservation. The Electors and the absentees' embassies have no doubt that they will then act and promote with Papal Holiness to call, approve and hold a national assembly in an orderly manner for the peace, welfare and good of the German nation, and to graciously dispatch and send legates to this end to Her Holiness, so that action may be all the more fruitful in this present time.

But in the event that such a National Assembly could not be obtained (of which the Electors and the absent embassies have no comfort at all), they request the Imperial Majesty with all humility to grant their Imperial Highnesses the right to vote. Majesty in all humility, that Her Imperial Majesty may call upon this highly Majesty may lead this heavy burden of the German nation to a gracious mind, and then dispose of it most beneficially in the Holy Empire of the German nation, immediately proclaim a common Imperial Diet in a convenient place, attend the same in his own person, and graciously adhere to the diligence her Imperial Majesty has hitherto used for the welfare and good of this nation, and, with the advice of the Electors, Princes and common estates, seek and undertake gracious ways and means, so that the discord of our holy religion may finally reach Christian unity and settlement, and peace, tranquility and unity may be planted and maintained in the Holy Empire, as the Electors and the absent embassies of the latter and many more graces to the Imperial Majesty will graciously provide. Majesty.

1. "not" inserted by us after the Oorp. RsL.

742 Cap. 18. of comparative religions. W. XVII, 926-929. 743

1391: The Protesting Response to the Imperial Majesty's Concerns about the Departure.

July 14, 1541.

See No. 1385 in the 6orp. Lek, vol. IV, 516.

To the Roman Imperial Majesty, our most gracious Lord, the verbal presentation that has taken place, by which Her Majesty has caused the Princes, Princes and Estates of the Empire to avoid their departure, as well as the following written notification, in which Her Imperial Majesty proposed several points and articles as useful for the departure of this Imperial Diet, the Princes, Princes and Estates of the Augsburg Confession are present, and the absent Councils, Embassies and Envoys, together with Her Imperial Majesty's requests and wishes. Majesty's requests and wishes, have been listened to and heard.

And do themselves first of all against Her Imperial Majesty. Majesty of their most gracious diligence and effort, which they have exerted on account of the disputed religion, to reconcile the same in a Christian manner and to obtain a Christian reformation of the church; they also do not doubt that their Imperial Majesty will now receive from the above-mentioned estates the most humble answer, which they have given to their Imperial Majesty. Majesty will now take from the above-mentioned Estates the most humble answer, which they have given to Her Imperial Majesty, to the cultivated religion. Majesty the day before yesterday, that they are committed to Christian Concordia, in which the divine word and the truth are preserved, and to a Christian reformation of the church, which is of interest to their Imperial Majesty. And since they have accepted the compared articles in a right Christian spirit, the content of their handed over answer and writings: they still rely on them, and most humbly ask their Imperial Majesty to direct and bring them to work for a Christian good beginning of the Concordia, hoping that the Almighty will grant grace, that thereby the truth may be spread further, and the way to a Christian reformation of the church may be made all the better. Thus Her Imperial Majesty has also graciously heard the sentiments and requests of these estates, on account of the incomparable articles, from the aforementioned answer and writings.

In addition, however, they most humbly request their Imperial Majesty. Majesty that they graciously rescind the Augsburg Agreement, as it is not conducive to such a concordia, and also contrary to some of the compared articles, or at least suspend it and put it into effect. For their imperial

Your Majesty should graciously take into consideration that, since the aforementioned parting should be and remain in dignity and strength, it would be quite obstructive to the hoped-for settlement of religion, Christian reformation of the church, and also common peace, and that the two may not stand by each other.

Furthermore, as Her Imperial Majesty the Estates Majesty of the Estates' concerns: whether, in the event that the Concilium should not be held favorably and brought into effect, they should again describe a general Imperial Assembly and take further action on the religious matters, and promote and bring them to a due conclusion 2c. As far as the concilium is concerned, these estates are aware of their aforementioned appeal, protestation and request, and are eager for nothing more than that a righteous, free Christian concilium be held in the German nation, in which the disputed religion may be discussed according to the word of God and a Christian reformation and abolition of the ingrown abuses may follow.

But that they should consent to such a council, in which the pope, or those who are his, as the highest opponents of these kindred estates, would presume to judge and adjudicate on the matter of religion, they have justly considered, and have founded, noble, and substantial reasons, such as those previously stated in part in their recusation of the scheduled council in Mantua, on which they also want to have referred to and drawn upon again, most humbly requesting that Their Imperial Majesty would not want such a thing otherwise than according to their high, unavoidable necessity. Majesty would not want to note this in any other way than according to her high, unavoidable necessity, most graciously and in the best way.

However, at the request of Her Imperial Majesty. Majesty's most gracious favor and concern whether, in the event that it is not possible to hold a free Christian council in the German nation, it would like to take further action for the sake of religion and Christian reformation through another common imperial assembly. For they are at all times obliged, as they have had it said several times, to give sufficient reason and cause for their Christian confession and church doctrine and to give an account of it.

Her Imperial Majesty has also announced that all prints, new books and writings concerning religion, as well as all defamatory books 2c. are to be forbidden to be printed or to go out on pain of a sworn penalty.

As much as religion is concerned with what is Christian and in accordance with the Holy Scriptures, these states may not consider that printing such things or letting them go out is forbidden or forbidden by law.

744 Section 3: Colloquium at Regensburg. No. 1391. W. xvn, 929-932. 745

The authorities of the city of Vienna are not aware of any such obstacles, for which they would like to be humbly requested in such a case, but they do not agree to this.

But as far as the diatribes are concerned, they are not meant to let them go out for themselves, or to allow so much of them to others. But nevertheless, they do not want to give them what is necessary for the salvation of their honor, since others would have let out defamatory writings against someone of this part, or would have done so later, just as such salvation of honor and responsibility cannot be called defamatory books.

. Concerning the Peace of Nuremberg, these estates would like nothing better than that it be kept steadfast and firm. However, because it is being misunderstood and disrupted, it is most necessary for the preservation of peace and tranquility that such misunderstanding be removed first and foremost, and that it be declared here in the manner of the action once taken at Nuremberg.

And because the Imperial Majesty has requested Since the Imperial Majesty has requested the Estates' concern for a lasting peace, they would have been inclined to inform and present the same to their Imperial Majesty in due time. However, since there were other matters to be discussed, they could not therefore decide and be heard beforehand, with the most humble request that the Imperial Majesty should grant such a delay. Majesty will not be displeased by such delay.

And so that the above-mentioned peace may be kept all the more firmly and steadily and the misunderstanding that has arisen may be cut off, the reported estates herewith humbly submit their concerns to their Imperial Majesty. Majesty, hoping that Her Imperial Majesty will find a solution and 1. Majesty will find therefrom and 1) note that nothing else is desired and sought than what may be useful for this purpose in accordance with the same peace and according to the state of affairs. And again, as stated above, also suggested in the written objections submitted herewith, we wish to be reminded most humbly that the Augsburg Treaty be rescinded for the benefit of this Peace, or at least suspended.

For as far as the Court of Appeal is concerned, these estates would also like it to be the occasion for it to remain with reasonable authority, power and jurisdiction, to be handled thereby, and also to be given a hearing by all estates. Consider also that this is the highest court of the Imperial Majesty. Majesty

1. In the 6orx. Rst.: "to" instead of: "and".

It is the property of the state and of the empire, -that it should be appointed, occupied, and decreed, so that it may have such authority, power, and jurisdiction as may be justly and equitably used for its promotion and administration.

But the way in which the Chamber Court is currently staffed with many biased, affectionate, and in part inexperienced young people is evident and unconcealed. For even though learned, understanding, irreproachable persons, according to the imperial order, have been sent and appointed by princes and circles related to this religion several times, the same ones have been rejected and rejected without any just cause, and others, who were not comparable to the present ones in doctrine, skill, understanding 2c. without the knowledge and will of the same Electors and districts, solely so that the reported assessors would not suffer or have anyone with them, but only those who would be of their character and highly adverse to these estates. As in religious, but also in profane matters, these estates are highly incriminated against law and equity, so that these estates may neither assume nor hope for equal rights with the same partisan assessors.

And for this reason they ask again, as has been done several times before and is also reported in the articles of peace, that the Imperial Majesty, for the preservation of peace, tranquility and rights in the Empire of the German Nation, would see to it that the aforementioned Chamber Court is thus reformed and filled with honorable, learned and unbiased judges. Majesty, for the preservation of peace, tranquility and rights in the Empire of the German Nation, that the aforementioned Court of Appeal be reformed and filled with pious, honorable, learned and unsuspicious persons by Her Imperial Majesty, the Princes and the Orderly Prince. Majesty, Electors, and the ordered circles, so that these estates may also have the comfort of an equal right in the Empire, as is just.

And in such a case, they are obliged, along with other princes, princes and estates of the empire, not to be lacking in their part in the cheap maintenance of the court of review. However, so that the Imperial Majesty In order that the Imperial Majesty may make true and thorough inquiries as to the present state of the above-mentioned suspicious action of the Court of Appeal, and that it may all the better come to a lawful reformation and appointment of the same, it is the most submissive concern and request of these estates that the Imperial Majesty may by some of both princes and princes of the empire provide for the maintenance of the Court of Appeal at reasonable cost. Majesty would have such suspicious persons investigated in the most favorable manner by several commissioners appointed by both sides. Therefore, these estates are requested to inform Imperial Majesty or the same commissioners. Majesty, or the same commissioners ordered by him, to pay some of their complaints, which were imposed on them by the same commissioners against right and equity (of their discretion).

746 Cap. 18. of comparative religions. W. xvii, 932-934. 747

so that in this and other matters the reason and truth may be inquired into, and according to the findings, a reasonable understanding, decree, and appointment of such a chamber court may take place. For without this it is not to be hoped that there will be some peace in the Empire of the German Nation.

These estates are also inclined, by means proposed by the Imperial Majesty, to show themselves worthy of the urgent help of the Turks through the Elector of Brandenburg, according to their previous request, so that no shortage will be found on their part.

When the princes, princes and estates of the other part will hear the advice of the persistent assistance, these estates shall not be affected, as far as they may obtain and have permanent peace and equal rights in the empire.

Likewise, with regard to the coinage and other points in which Imperial Majesty has issued notices. The same applies to the coinage and other points reported in the Imperial Proclamation.

Which the above-mentioned estates have not wished to leave unreported to the Roman Imperial Majesty. The above-mentioned estates have not wished to leave unreported their concerns to the Roman Emperor's Majesty in response to the notification and request she has just made. And do their Imperial Majesty Majesty's most humbly command.

Delivered July 14, 2c.

1392: The Other Catholic Princes' Reply to the Farewell Concern of Imperial Majesty. July 17, 1541.

See No. 1385 in the 6orx. Lei, vol. IV, 526.

The Christian princes and estates have expressed themselves in the writings and approvals recently handed over to the Roman Imperial Majesty. Majesty, and also in the Papal Legate's resolution, however brief the time may be. They may well remember that Imperial Majesty has previously, at several imperial congresses and now here, expended great labor, effort and diligence to bring the religious matters and the raised misunderstanding in our holy Christian faith back into unity and to carry out a Christian reformation. Therefore, the Christian princes and estates of their Imperial Majesty express their most humble gratitude. Majesty most humbly. Because also the Imperial Majesty has let himself be heard. Majesty has let it be known that he will move here in a few days, it is not necessary that the estates of their Imperial Majesty be confronted with superfluous shrines. Majesty with superfluous writings, disputations and speeches, or to burden their Imperial Majesty or themselves for a long time. Majesty, or even themselves, for long, but rather in a Christian and

1. take up the matter honestly, and in such a way that the Imperial Majesty may be and be retained at the conclusion of these matters. Majesty may be and be retained at the conclusion of these matters. Her Majesty should also be most humbly requested and prayed for.

And on imperial. Majesty. In response to the writings of the Emperor, these estates find first of all that in Germany and other nations, and thus in common Christendom, many abuses, sects, heresies, and divisions have occurred and broken down in such a way that they cannot be eliminated or corrected without a common council. Nor do the Christian estates have the right to approve or permit some changes in religion, ceremonies, and customs that have been brought about for many hundreds of years, or that have been ordered and established in the councils. Since the Papal Holiness has obtained through its Holy Legates the right to establish a Conciliar. Legates to hold a concilium within a short time, and the Imperial Majesty is willing to hold a concilium otherwise. Majesty is willing to speak in person to Papal Holiness about this, that the common Christian estates want to thank Papal Holiness and the Imperial Majesty for the paternal and most gracious offer, and call upon them with all seriousness, that their Papal Holiness will take such a request and granting of a Christian common council into consideration in the most beneficial way possible and human, and hold the council in a convenient place and venue of the German nation, without any hindrance, and thus prevent the loss of many Christian souls.

And although the powerful Christian potentates are prevented by other worldly business and obstacles from appearing in person at the Concilium, nevertheless the Concilium will continue, and the Papal Holiness will most earnestly request and exhort those Christian potentates who would not and would not appear in person, to order and send in their place and in their name their learned, pious and skilful commanders and commissaries and fully authorized authority, so that Christianity may be brought into a Christian nature and life, the error may be eradicated and stopped, and thereby the wrath and punishment of God may be averted from us.