Complete Luther Library

The second section of the third chapter.

Volume 15 from the one-column St. Louis Edition English DOCX texts, reformatted for mobile reading on Last Christian Ministries.

Source text used with permission from Back to Luther.

Volume 15

The second section of the third chapter.

Return to Volume 15

Of the Augsburg Acts between Cajetan, the Elector of Saxony, and Luther.

A. From the Cardinal's dispatch to Germany.

173 Raynaldus reports how Cardinal Farnesius was supposed to take up this legation, but because he hesitated too long, the pope chose Thomas de Vio, or Cardinal Cajetan, in his place.

From the Raynaldus anualss ack au". Okr. 1518, tow. XX, § 52.

Translated into German.

Furthermore, since Cardinal Farnesius was appointed from the aforementioned envoy, but he remained in his place and was too slow in getting ready for the journey, or perhaps even fell ill, the pope appointed Thomas de Vio, or Cardinal Cajetanus, in his place; which Paris de Grassis explains thus: "The pope has today, as on ... April, the most reverend Lord Thomas, called Cardinal St. Sixti or de Minerva, was dispatched as envoy to Germany in the place of Cardinal de Farnesio, and after a closed meeting he was accompanied by the whole Collegio to his house near St. Maria on the broad street; but I immediately gave him instructions by the Pabst's order, according to which he must act in his legation." This legation was, however, of the greatest importance, in that its purpose was to stifle and eradicate the seeds of Lutheran heresy, to unite the remaining Bohemians and Hussites with the Church, and to rally the Emperor, along with the King in Denmark, Sweden and Norway, against the Turk.

174 The instruction given to the papal legate a Latere, Cardinal Cajetan, by the papal minister Paris de Grassis for his journey to Germany. Dated May 5, 1518.

From the Ockor. Davnalckus A""alss ack an". 1518, "o. 53 reprinted in Löscher's Ref.-Acta, vol. II, p. 310 and in Kapp's Sammlung einiger zuin Päbstlichen Ablaß gehörigen Schriften, p. 413. In Kapp also German with notes.

Translated into German by M. J. E. Kapp.

To the beloved son Thomas, Titus St. Sixti Cardinal Priest, 2) of our and the Apostolic See to our dear sons in Christ,

2) The cardinals, among others, are named after /o^.

rias trans l^dsrii". 2) 8. prints "tianas. 3) 8. daursntii 1" dusiua. 4) 8a "etas Trinitatis i" naouts Diusio. 5) 8. marssllini st Dstri. 6) 8. vuZustini. 7) 8. Oassilias. 8) 8. Drissas. 9) 8. Marias cks ara sosli. 10) 8. Vlsxii. 11) 8. Draxsckis, 12) 8. Marias cks Dass. 13) 8. Marias VuMloruru. 14) 88. yuatuor corouatoruru. 15) 8. Ioa""is st Dauli. 16) 8an-

Maximilian, elected Emperor, and Christian, illustrious King in Denmark, 1) Sweden and Norway, as well as to all their kingdoms, all and each of the provinces, lands and oerters subject to them and adjacent to them.

After we have today your prudence, for the sake of the very holy and very necessary campaign against the enemies of the Christian name, to our much beloved sons in Christ, Maximilian, elected Emperor, and Christian, noble King in Denmark, Sweden and Norway, and all his kingdoms, and the countries subject to them, to our and the apostolic see's legate a Latere as an angel of peace, on the advice of our brothers, to decree in another letter, as contained in the same in more detail: In the end, with mature deliberation, we have well considered in our minds how it would greatly contribute to such a holy procession that the Kingdom of Bohemia, which was formerly catholic, should be restored to its former glory by the mere effect of

ctae Mariae super Minervam. 17) S. Anastasiae. 18) 8. Sixti. 19) S. Honuphrii. 20) S. Sylvestri. 21) S. Mariae in via. 22) S. Basilicae duodecim Apostolorum. 23) S. Salvatoris in Lauro. 24) S. Pancratii. 25) S. Martini in montibus. 26) S. Bartho- lomaei in Insula. 27) S. Clementis. 28) S. loannis ante portam latinam. 29) S. Thomae in Parione. 30) S. Agnetis in agone. 31) S. Marcelli. 32) S. Marci. 33) S. Sabinae. 34) S. Susannae. 35) S. Nerei et Achillei. 36) S. Laurentii in pane et perna. 37) S. Crucis in Hierusalem. 38) S. Martini in montibus. 39) S. Mariae de populo. 40) S. Balbi- nae. 41) S. Hieronymi Illyricorum. 42) S. Stephani in monte Coelio. 43) S. Mariae trans Pontinae. 44) S. Caroli ad cursum, vel Biagii in Anecio. 45) S. Eusebii. 46) S. Petri in monte aureo. 47) S. Chrysogoni. (This title was held by Archbishop Albrecht as Cardinal, as can be seen from the preface of my locale, p. 13). 48) 8. tznirini ot Iu1itta6. 49) 8. 6a6sar6i. 50) 8. ?6tri in vinenla. Besides these fifty priest-cardinals, 1^korio Eineio was one more, who died in 1653, and had the title 8. Oaiixti. The Cardinaldiacones have their titles from the following churches: 1) 8. Maria6 in via lata. 2) 8th Dnstaoiiii. 3) 8. [Mtüae. 4) 8. L1aria6 in portiou. 5) 8. [NMii pisoinrn. 6) 8. Mariao novao. 7) 8. Mariao in oosrnoäin. 8) 8. moolai in oarooro. 9) 8. door^ii aä voinm anronin. 10)8. mariao in [uario. 11) 8. ^äriani. 12) 8. oosnrao ot Dannani. 13) 8. Nariao in Oorninioa. 14) 8. Viti 6t 1loä68ti. Otherwise the Cardinal äo Nontalto, ^I6xanä6r?6r6tti N6pos, Pabst 8ixti V., when he was Cardinaldiaconus, used the title 8.1anr6ntii in vanr38oo. From which it can be seen that especially the number and title of cardinal priests is not bound to a certain number (Kapp).

1) With Kapp: "Dacien".

The enemy of the human race has fallen into all kinds of error and heresy, and may be brought back to the obedience of the holy mother, the contending church. Because we have considered that your prudence, according to its peculiar erudition and prudence, magnanimity and suggestions, the barons of said realm, noblemen, military persons and municipalities, the most distinguished lords of the cities, bailiffs and other sworn officials of other countries and cities, as well as all kinds of citizens and inhabitants of whatever rank, honor and dignity they may be, together with their followers, to the true faith in Christ and to the right path, if the aforementioned Maximilian, elected Roman Emperor, lends a helping hand; we also draw confidence in the Lord from your prudence, wisdom and experience, which have been known to us with a special faithfulness and sincerity in important matters, that you will be knowledgeable and able to disperse and still the winds of error that sweep to and fro, and also to restore the kingdom to the form of its former majesty; We also hope in the Lord that, when the kingdom itself will have returned to the obedience of the Holy Roman Church, since it has always been considered warlike, it will rise not only for worldly honor, which it has always received in the war against the infidels, but rather for the defense of the Catholic faith against the Turks, the common enemies, and will follow the banner of the invincible cross. We give you power, authority and authority, with all and every one of the said empire and the bordering parts, of whatever rank and dignity they may be, if they wish to come back to the light of the true faith and leave and shun such heresies, to renounce them after first swearing the customary abjuration of their heresy and heresies, and to take an oath that they will not do such things for themselves in the future, nor to give counsel, help and assistance to others who undertake such things, according to the manner customary in the church, and to restore and accept them to our and the church's bosom, as well as to the grace and blessing of said see; further, to negotiate, compromise, and settle with them in our and the apostolic see's name, even under such terms, covenants, conditions, forms, additions of penalties, annulments of obligations, commissions, cauteles, clauses, and solencies, in such manner as you shall best and most conveniently compromise or settle with them.

to act with them, to make settlements, to confirm and fortify, and to command that what is fortified be kept inviolable here and there, under penalty of banishment, suspension, and interdict, and below we give you the faculty, authority, and power to do so.

Therefore, you shall take upon yourself the burden we have placed upon you for the salvation and blessedness of souls, as well as for the increase of the Christian faith, and you shall also prove to be so diligent and strong to fulfill it that, through your efforts, diligence and reputation, all error and heresy will be swept out of this realm and other neighboring countries, which are, as it were, infected with a protracted pestilence, all error and heresy will be swept out, uprooted and completely eradicated, so that the vineyard of the Lord of hosts may bear fruit, once the harmful heresies so detrimental to Catholic purity have been taken away; that from this and from such a truly holy and praiseworthy work, you may not only earn the palm of eternal glory, but also, by your applied diligence, faithfulness and sincerity, commend yourself more and more to us and to the aforementioned Holy See. Given in Rome at St. Peter's, Anno 1518, May 5, in the sixth year of our papal reign.

B. What gifts Cajetan brought to the Emperor and the Elector Albrecht of Mainz from the Pope.

175 Jakob Manlius of Freiburg, imperial historiographer and councilor, tells of two events that took place in Augsburg in 1518: 1. the investiture of Albrecht of Brandenburg, archbishop of Mainz, with the dignity of cardinal. 2) Pope Pabst's legate gives Emperor Maximilian a sword and hat.

This writing is from the Manlius Iilstoria äuoruva aotuuro anno 1518 oto. reprinted in Frehers seriptor. rer. Oerinanie., torn. II, p. 397.

By Ll. August Tittel translated into German.

To the Most Reverend in Christ Father and Highborn Prince Fabricius of Ceretto, from the Marquises of Finale, of the Holy Order of Knights of the Most Holy John the

Anabaptist Grand Master in Rhodus etc., sends this letter to Jakob Manlius of Freiburg, a teacher from Breisgau, of the most godly Maximilian, Mehrer of the Empire etc., historiographer and council etc.

Just as the Maccabees, the brave brothers and servants of the true God, used to fight most fiercely against the shameful idols and despisers of the divine service, so now the manly brothers of the Order of Knights of St. John the Baptist, forerunner of the Lord, as protectors of the true faith, use to fight against the arch-vile enemies of the Catholic Church. In this way, no greater happiness can befall them on land and sea than when they see two swords, which the Savior remembers in the Gospel, coming to their aid. Therefore, most reverend Father in Christ and most dear Prince, it has seemed good to me, for the praise and honor of Almighty God and our Sustainer, also of all the saints, and no less for the glory and everlasting memory of the things of the praiseworthy and contentious German nation, and for the joy and acceptance of you, most reverend Father, and of your most worthy brethren, to tell the story of the excellent gift, seldom heard in Germany, so that the most holy Leo X., Roman Pontiff, the most holy Emperor Maximilian, King of the Romans and sanctified Emperor of Christendom, as well as Albrecht, by divine grace of the Holy Roman Church, of the title of St. Chrysogoni Cardinal Priest. Chrysogoni Cardinal Priest, the Holy See of Mainz and the Church of Magdebura Archbishop, as well as of the Holy Roman Empire through Germany Archchancellor, Prince and Primate, the Church of Halberstadt Administrator, Margrave of Brandenburg, Stettin, Pomerania, the Cassuben and Wenden Duke, Burgrave in Nuremberg and Prince of Rügen, to receive Christianity, to describe in a common and easy way.

History.

Let it therefore be known to your most reverend fatherhood that on the most blessed ninth Sunday after Pentecost, which was the first of August in the year 1518, the most reverend in Christ Father and Lord, Mr. Thomas, of the title of St. Sixty Cardinal Priest, of the most holy Leo X..., Pabst, Legatus a Latere, a man filled with all virtue praise, at six o'clock in the morning on the very same day, according to apostolic commission, went out on foot from the palace in the city of Augsburg with his court, and with the most reverend in Christ Father and Lord Matthew,

St. Angeli of the Holy Roman Church Cardinaldiaconus, Prince in Gurk, Coadjutor of Salzburg and of the apostolic see in Germany Legatus a Latere, his colleague, went to the house of the most reverend in Christ Father and Prince Albrecht, the new Cardinal 2c, on foot. Which, when the said prince found out, he immediately went to meet them at the door, and accepted them most kindly; and then all three went at the same time to the same little church, and there the above-mentioned most reverend lords, legates of the aforementioned (new) cardinal, took the duty, which all who attain to the highest cardinal dignity must first take, in the name of the Roman pope. Whereupon the very same new Cardinal's Chancellor, a man worthy of great praise, publicly read aloud our most holy Lord's breve to the aforementioned Cardinal, the content of which reads word for word thus:

Leo the X, Pope.

Beloved son, apostolic greeting and blessing! Your fraternal dignity, which comes from the noble Brandenburg dynasty, and from the very old and highly respectable family in Germany, and which has always sought to earn its illustrious ancestors for holy succession to us and to the Holy Apostolic See, we have elevated to the highest Cardinal dignity, above which nothing greater can be bestowed by the Governor of Christ, both because it is worthy in itself, and because it has often and imploringly been highly praised and proposed to us by our most beloved son in Christ, Maximilian, chosen Emperor, both by letters and messages, and therefore thought how such a thing might happen at a good time and opportunity, that thereby our opinion might be fulfilled and your brotherly love's dignity and honor might be best satisfied. So the opportunity of this time has seemed to us very convenient and honest, yes, very praiseworthy, since one must act from the holy move against the enemies of the holy cross, that your brotherly love, adorned with such honor, could make itself the better deserving for us and spreading of the Christian religion. Therefore, your present promotion will not only be dear to you, but also most pleasant and decent, because your prudence, faith, religion, and devotion to us and to the said See require such things, and because of your great merits and virtues we alone, among very few, have made you a Cardinal. We have

We have also placed our good hope in the giver of all good things and in you, that, since you have previously sought to do us and the holy apostolic see and Christendom good service, you will be able to fulfill your office and our godly desire all the more freshly and diligently, as you have now been endowed with these most holy and high honors. Therefore, to the praise and honor of Almighty God and of the whole heavenly host, and to the adornment of your person, and to the eternal glory and reputation of the illustrious Brandenburg family, we have made you a Cardinal this 24th of March, in our secret Consistory, with the advice and consent of the Cardinals elected by our other brethren of the Holy Roman Church. Is it therefore left that you, who were before and still are great and rich in the church and in the field of the Lord because of the Mainz Elector of the Empire, but because of the Magdeburg Church Primate in Germany, and thus in the church and in the field of the Lord, now that you have still been adorned with the Cardinal burden and dignity, hear what such dignity means and what God Himself demands of you, and diligently consider what is due to you, also our beloved son Thomas, of the title St. Sixti Cardinalpriest. Sixti Cardinal Priest, our legate, who will act (with you) from the holy and necessary (move) against the perjured enemies of our faith, who only thirst for the blood and destruction of Christians, and will take care of everything on our behalf, and whose godly and well-intentioned proposals, and will take care of everything on our behalf and listen to its godly and well-meant suggestions, which are ours, and will also carry them out properly, so that the most beautiful part of the world in Europe, which now looks small, will not only be saved from the hands of the wicked in our time, but also their empire and their fierce power will either be converted to the holy faith or eradicated. But those who will follow us and our holy and godly desire and comply with us, so that they step onto the right path, will attain the promised reward of eternal bliss. Given in Rome, at St. Peter's under the Fisherman's Ring, May 8, 1518, in the sixth year of our papacy.

After the breve had been read, the most reverend Legates with the venerable Mr. Felix Turphinus, Ceremonial Mifter, a considerable learned and pious man, put on the new Cardinal the red-colored Cardinal's robe, which is commonly called a cap. Then they unanimously left the house and the church, and with the new Cardinal in the middle, the Cardinal St. Sixti on the right, and the Cardinal St. Angeli on the left, they went to the highly famous and holy Maria, the

Virgin, Cathedral Church in Augsburg. As they entered, the right side of the choir remained suitable for the emperor, but they took the left. So the new Cardinal had the first seat, the Legate of the title of St. Sixti the second, and the Legate of St. Angeli the third.

When the said Cardinal Princes heard that the Emperor was coming, the Cardinal of the title of St. Sixty got up from his place and went to the high altar of the same choir. Then he dressed himself properly (as it is customary to do) to say mass. While getting dressed, the Holy Emperor and several princes, both churl and others, went with a large entourage to the choir of the said church, which the Legate of St. Angel and the new Cardinal soon met gracefully and nimbly. The Emperor, as a hero who can never be praised enough, after having wished the Mainz prince, as the new bridegroom, happiness with the most praiseworthy appointment and testimonies, cheerfully led him to his left, went into the choir with him, and there entered the uppermost place to the right, which had been hung for him with golden ornaments. The other one after him was held by the Cardinal of Mainz; the third one by the most illustrious Prince Ludwig, Count Palatine on the Rhine, Duke in Bavaria, Elector; the fourth one by the most illustrious Prince Friedrich, Duke of Saxony etc., Prince; the fifth, the most illustrious Prince Casimir, Margrave of Brandenburg; the sixth, the most illustrious Prince Frederick, Casimir's brother; the seventh, Prince Johann Albrecht, another brother; the eighth, the most illustrious Prince Johannes, Landgrave of Leuchtenberg; the ninth, the most illustrious Duke Anton of Lorraine.

4 On the other, left side, opposite, first stood the most reverend Cardinal St. Angeli, Legatus a Latere. Angeli, Legatus a Latere; secondly, Marinas Carraceiolus, our most holy Lord Pabst's Protonotarius and Nuncio to the most Serene Emperor; thirdly, the most reverend Father in Christ and most Serene Prince Christoph, Archbishop in Bremen and confirmed Administrator of the Abbey of Verden, Duke of Brunswick and Lüneburg; Fourth, the Most Reverend Father in Christ and Prince George, Bishop of Bamberg; Fifth, the Most Reverend Father in Christ and Prince Gabriel, Bishop of Eichstädt; Sixth, the Most Reverend Father in Christ, Prince Christoph, Bishop of Augsburg; Seventh, the Most Reverend Father in Christ and Prince John, Administrator of Regensburg, Count Palatine of the Palatinate, and Bishop of the Holy See.

Rhine, Duke of Bavaria; eighth, the Most Reverend in Christ Father and Serene Prince Arnest, Administrator of the Church of Padua, Count Palatine on the Rhine, Duke of Bavaria; ninth, the Most Reverend in Christ Father and Prince Henrich, Bishop of Ratzenburg; tenth and last, the Most Reverend in Christ Father and Prince Peter Bonomus, Bishop of Trieft, of the Imperial Majesty's Council.

After these princes had settled down in the manner and order described, the people had become silent and silence had been commanded, the most reverend of the title of St. Sixty began to say mass. His house priest stood at the side of the altar, where the Gospel was read, holding the cross, and from behind a court servant from the famous Ursine family, holding a sword and hat or helmet. At the side where the epistle is read, however, stood the courtier, the son of the legate's brother, who held the red hat with his hand on for the new cardinal. After the mass was over, and it was certain that the new Cardinal had just been received by the Apostolic See, March 24, in Rome among the Cardinals, the Legate of the title of St. Sixty, after having first addressed the sacred and invincible Emperor, the churl and other princes, summoned him to the altar, the content of which had recently been this speech:

Most Sublime Emperor! Pope Leo X, through the intercession of Your Imperial Majesty, is now doing an excellent and therefore rarely done work on earth. There are often cardinals in the world who give some excellent splendor of themselves; but to find a man who is praiseworthy in all respects is something difficult. He has appointed Albrecht, the archbishop of the church in Mainz and primate of the German nation, who is adorned with excellent gifts of fortune, body and mind, as cardinal priest of the Holy Roman Church. He is of high birth, fresh and beautiful body, blooming youth, splendid intellect, sagacity, divinity, wealth, dignity, power, majesty and prestige; he also shines in chastity, godly nature and spiritual austerity in such a way that his light shines before all men. In addition, since he shines at the same time as the emperor's and the pope's elector or prince, we are also illuminated by the papal fame, but you are also illuminated by the imperial elector's fame. Such a common adornment, honor and benefit should be celebrated with common joy. Therefore come forward, most noble prince and most venerable lord, and

come to receive the jewel of cardinal dignity due to your virtue.

When he came here and humbly fell on his knees before the altar, the envoy explained to him what such dignity entailed, what God demanded of him, and what he had to do, if possible, against the cruelest enemies of our faith, who thirst for the blood and destruction of Christians, both himself and in the name of the Pope. And since he presented himself as an obedient and willing son on all the points presented, the legate decorated his head with the red hat. Thereupon the new Cardinal with his hat remained kneeling in front of the altar in the Faldisterio 1) until the hymn of praise to St. Augustine and Ambrose was gloriously intoned with organs by the singers of imperial majesty (who also solemnly sang the entire mass). After that, when the legate of the apostolic see read some collections and prayers, the new cardinal stood up, and with beautiful figure and excellent courage went from the altar, stepped before the most august emperor and other princes, and through the learned man Laurentius Zoch, doctor of both rights, gave thanks to said new cardinal's chancellor in a loud and sublime voice as follows:

It would be right, most noble emperor, most reverend in Christ fathers and lords, of the holy Roman church Legati de Latere, and most noble princes, a quite learned and eloquent man, should hold a speech in this most respectable and almost divine presence or assembly of yours, and should have such a gift to speak, which would be perfectly suited to your majesty, to the greatness of the cause and to the reputation of this place. But I, since I do not find such a thing in myself at all, would have to fear that it would either be misinterpreted or reckoned to me as presumption if I had undertaken this office of my own accord and on my own impulse. But since the most reverend in Christ the Father, the most noble Prince and Lord, Lord Albrecht, Archbishop of the Holy See of Mainz and of the Church of Magdeburg, Prince, Primate, and now Cardinal Priest proclaimed (or appointed) to the Holy Roman Church, command and will compel me to give thanks now, even if it is far beyond my ability, and even the most learned Demosthenes and most eloquent Cicero would not be enough: so I will,

1) "Faldisterium" will probably be the same as in English talclikäor^ or kalästool, the seat of a bishop in the choir of the church.

trusting in the grace of your most sacred Majesty and your most reverend Majesties, not out of impudent presumption, but merely out of humble obedience, I will recently state what the most reverend Lord, my Prince, can show towards Imperial Majesty and your most reverend Majesties, gratitude and a discerning mind. But before I say what I have been commanded to say, there is only one thing that comes to mind, namely, that the most reverend lord, my prince, has not in the least sought this high cardinal's dignity, because his most reverend glory has not at all concealed it, that such an attained dignity requires a great deal of effort and care, and for such a rich pound also exact account must be given, as it is well known that the cardinals themselves represent the holy apostles, and just such a thing would be required of them, which they have accomplished with great courage and strength. However, since their most reverend (devotion) saw our most holy Lord's mildest and most loving disposition towards them, in order to propose to them such a dignity, for which the Imperial Majesty, according to the special grace bestowed upon them, took more trouble than they themselves felt like, their most reverend fatherhood modestly recognized and accepted this honor offered to them and the care and trouble connected with it, and thus obediently surrendered to their loving and kind request: Therefore, for this infinite good deed, she first of all gives thanks to the Triune God on her knees, not the due, but all possible and human thanks, as well as to His (Christ's) never enough praised Mother, the Virgin, and the whole heavenly host; at the same time, she heartily invokes God's most gracious Majesty to graciously assist her in fulfilling these divine offices and the accepted dignity for the growth of the holy Catholic faith and to do all that is necessary to satisfy them. Hereafter, it also offers its infinite gratitude to Your Holiness and Your Imperial Majesty, and also confesses its obligation to them that they have deigned to regard their most reverend glory with such high veneration or dignity in grace. For whatever honor or dignity her most reverend lordship enjoys from this, she has entirely to thank your holiness and majesty, likewise you, the most reverend lords Legates a Latere, and the holy (ecclesiastical) council, that they namely include his most reverend lordship in their most eminent order and dignify her with her excellent voice and testimony.

want. Whereby, at the same time, she bequeaths that she herself, and all that she is able or can serve, may at all times willingly present both to the Pope's Holiness, as well as to Your Imperial Majesty and Your Most Reverend Majesties, with devout wish that the all-good and all-governing God may bestow upon both the Pope's Holiness, as well as your Imperial Sacred Majesty, as well as you, most handsome and most reverend Legates, for the benefit and extension of the Holy Church, with long life and all good, and finally, after laying down this tabernacle, crown you with the imperishable crown of honor for your great merits and praiseworthy deeds!

(7) After which the Imperial Majesty, through the most reverend Prince Peter Bonomus, answered in her name:

It should not have been said, most reverend in Christ Father and most illustrious Prince, to your most reverend father's imperial saintly majesty that she did her part in the holy apostolic see for this now accepted dignity, and that she, however unwillingly and against her will, made it her business to promote it to this highness by her diligence, effort and reputation. For although your most reverend fatherhood, out of peculiar modesty, had decided to refuse the honor and to avoid such cardinal dignity, the Emperor nevertheless considered that it did not behoove him to look at what was proper for your most reverend fatherhood's modest manner, as well as what the imperial highness and prestige were entitled to do in this, whether or not they were able to do it. What has therefore been granted to your most reverend father by the most holy Lord Pope Leo the Tenth and by the holy Cardinal College, is all to be attributed not to the efforts of imperial majesty and the highest reputation, but to their own virtues and merits. Since this dignity has now been granted to her, God grant that she may enjoy it at all times, happy and healthy, with all happiness, both for her honor and for the benefit and salvation of all Christendom, and also for the eternal fame and glory of the entire German nation! They can be assured by the Emperor that even if he did not benefit from the merits of their noble ancestors and lineage, which have nevertheless been of great use and honor to him, as he hereby confesses, he could still have been brought to far more and higher things for them by the mere prestige of your most reverend fatherhood. To which he hereby also still further, for the preservation and increase of their dignity

and honor, all his help, diligence and reputation willingly offered and promised.

8) Thereupon the Lord Legate drew out an apostolic letter with his hand and presented it most respectfully to the Most Serene Emperor, which was then read by the excellent jurist Jakob Spiegel, Imperial Majesty's secretary and councilor, to the following effect:

To Our Son Beloved in Christ, Maximilian, Emperor Elect, Ever More etc., Leo, Pope X.

In Christ most beloved son, salvation and apostolic blessing! Since our beloved son Thomas, of the title St. Sixti, Cardinal Priest of the Holy Roman Church, our and the Apostolic See's Legatus a Letere, comes to Your Majesty for causes concerning the general good of Christendom, which we have had presented orally by another letter as well as by the Cardinal, we have deemed it good to have a sword and hat, which were consecrated with our hands on the glorious and solemn feast of Christmas, or on the day of the birth of our most blessed Lord JEsu Christ, to be given to the same legate, in order to present them to your Majesty, knowing full well that they have often been honored with this magnificent gift by the Roman Popes. But because under this gift there is still a secret of the spiritual power, the protection and handling of which is primarily incumbent upon you, as you are the Advocate of the Holy Church: By this gift we have also wished to renew and make known our esteem for your virtue, and the testimony of your excellent affection for the faith of Christ, especially since such gifts and consecrated arms to Your Majesty can at no time be presented more cheaply and more opportunely than now, since Christendom is challenged and endangered by the undertakings of the cruelest enemies, and is therefore in great need of their godliness, bravery, prudence, prestige and magnanimity. And it is true that Your Majesty, according to their high rank, must always be girded with the sword at their side, so that they would be ready and willing to subdue the wicked and protect the pious, so that their highest dignity would serve both to protect justice and to punish injustice and wickedness. Now, however, they do not have to be girded with it, but rather already twitch it and let it flash with the right hand of their power. For what greater cause or occasion can there be than this, by which we are not put in little fear or of aught else?

We are not only in danger of losing our honor, but also our lives and welfare, if Christianity is not supported by the unanimous counsel of the princes and especially by their protection and umbrella? This, however, we have desired of Your Majesty all the more eagerly and eagerly, either to do the glorious work and to let the common salvation be entrusted to her, or have desired it as a high glory and prize, because she has often assured not only us, but also the whole Christian world, of her effort, loyalty and help, both in writing and through envoys. By what promise, how everyone has become so joyful and confident, and how it has so uplifted the hearts of all believers, I would gladly write, if I were not assured that Her Majesty already knew.

Since it is thus, take, you brave prince, and take up arms, and send yourself, of the holy sword that we send you, to use sharpness against God and your enemies, as a duke of the holy war, as a protector of the peoples who honor the true God, as an avenger of the barbarians. For what greater praise and name can you carry off, and what more glorious care and effort can you exert, than when you use the very highest dignity, to which you are exalted, and your peculiar bravery, to what the greatest and Catholic emperor's godliness and the bravest duke's joy requires? As for us, we will, as our duty and love for your Majesty implies, at no time and on no occasion refrain both from exalting and praising your godliness and magnanimity, and from displaying our highest and constant benevolence towards you. But it is up to your well-known and universally praised wisdom to see and see to it, when the time and the occasion arise, and when danger arises (which, if you are not controlled, will finally affect everyone), that your excellent bravery and majesty may bring you glory and salvation and benefit to the world! Given in Rome, at St. Peter's, under the Fisherman's Ring, the 15th of May in the year 1518, of our sixth papacy.

After reading such a letter, the Emperor, on the admonition of the legate, went to the altar of the Lord and there received the consecrated weapons, namely the sword and hat or helmet, which signify the service of the spiritual power, as a faithful duke, protector and protector of the Catholic faith, but the legate then made this speech to the said Emperor:

Most Sublime Emperor! We know that the Apostle Peter had two swords, one to be whole, the other to be so that you must draw it or shrug it. The same now hands to your Majesty in his successor Pope Leo X., his greatest governor on earth, to whom all authority in heaven and on earth has been given, this sword, which is called the protection of the evangelical truth, which also secretly signifies the apostolic authority over kingdoms and peoples, and besides the divine in the born, It is also a sacrament to the divine omnipotence dwelling in the born, although in the flesh small, Jesus Christ, because it has well deserved the Roman and apostolic chair and the one who sits on it, and also has a glorious praise of bravery, magnanimity, godliness, devotion, justice and wisdom. And this sword belongs to your majesty, because it is hers. That it is theirs is sufficiently proven by the use, since they, during the episcopal office or service, annually at Christmas, when they are present, let this drawn or bare sword, with the helmet on the head, swing or flash it, as a protector of the evangelical truth, when the Gospel of John is read. For they alone have the name of a protector and bailiff of the church. That it be and may be theirs requires the present course of our times, when all eyes, Lord, are waiting for you to open your hand to grasp this sword, to twitch it and to bare it against Christ's enemies. Take, invincible emperor, the helmet of the Holy Spirit in the dove of precious stone, so that the inner seat of the mind and the spirit may be kept still and fruitful without cunning and deceit by the Holy Spirit, who distributes and protects gifts in the form of the dove. For a Christian emperor must not follow the wild customs of pagan tyrants, but must show himself to be so just, brave and a magnanimous prince of victory that he always remains kind, friendly and quite majestic, even when he is gentle with the dove. Take this your sword, too, so that not only justice and judgment, the fortress of your chair, are secretly communicated to you, but also all confessors of the evangelical truth are placed under your protection. Let then thy hand be firm, and thy right high against the fury and wrath of the Turks; let it also be for good fortune and salvation that this day, which is common to the first Roman pope 1) as well as to the first emperor, should come to this

1) On the margin: It happened on August 1, when St. Peter's chain celebration also falls (Kapp).

sacred ceremony has to serve. For this day is suitable for Petro, the prince of the apostles. But also Octavius, after he overcame Cleopatra and Antonius today, brought the world domination to himself and received the name Augustus from increase of the empire, and gave such to the month Sextilis. May our Lord Jesus Christ grant to your ever-increasing Majesty that with this quite happy sword of today, after the conquest of Constantinople and Jerusalem, she may spread and increase the Roman Empire and the apostolic church to the ends of the earth!

10 After the speech and the reception of the sacred weapons, the bishop of Trieft, at the Emperor's command, gave thanks:

The Most Sublime Emperor, Most Reverend Father in Christ, has most graciously and kindly accepted this gift, presented in the name of our Most Holy Lord Leo X., Pabst, from your most reverend fatherhood, has most willingly and kindly accepted this gift, and bids her, for the honor of the Holy Apostolic See and for the needs and concerns of Christianity in general, to offer not only her property and fortune, but also her life and blood, as she has always desired from her earliest youth, as often as the opportunity presents itself. Which highly important cause, although it seems to require a fresher youth and stronger physical strength than it now has, is nevertheless not to be abandoned or abandoned because, covered under the helmet of the Holy Spirit and the shield and defense of the faith, it would, even where the forces are lacking, nevertheless by good counsel and undaunted courage, under Christ's guidance and help, always promote such a holy undertaking and necessary campaign against the enemies of the faith more than it would hinder it.

After everything had taken place and been accomplished as desired, the legate, standing at the altar, gave the blessing to the people and then took off the priestly robes and put on the Cardinal's robes and ornaments, and then went out to the church with the emperor and other princes and cardinals present. The emperor, however, with both legates and the apostolic nuncio, as well as the princes, princes and other estates of the empire, led the new cardinal back to his palace; afterwards, however, he also accompanied both legates to their inn.

Finally, the emperor and the princes each returned to their homes. Thus this noble and glorious act was accomplished, and the gracious, mighty

God has given His grace to this. To whom be honor and glory forever and ever! Amen. Done in the city of Augsburg. In the year of Christ 1518, August 1.

C. From the Pabst's order to the Cardinal in Augsburg.

176 Pope Leo X's breve to Cardinal Thomas Cajetanus, Legate a Latere, on how he should behave against Luther and his followers. Dated 23 Aug. 1518.

Zatnrn ^ostolicnrn ^uAnstae. 12 leaves in quarto. Printed by Johann Grünenberg in Wittenberg. Reprints were published by Melchior Lotther and Valentin Schumann in Leipzig. Another edition by Johann Frobenius in Basel lacks everything that the original print contains after Luther's letter to Cajetan of October 14 (Weim. Ausg.). These ^.cta are printed in full in the Baseler Sammlung Lutherscher Schriften of March 1520, Bl. kr 4d and from it in D. M. Imtberii Inenbrationnin par8 nna. Lasileae apnä Xäain?etri M. D. XX, Mense 3nbo, p. 264. In the "Gesammtausgabe" they are found in fragments. Our writing is in the Latin Wittenberg (1550), torn. I, col. 204b; in the Jena one (1579), torn. I, col. 181; in the Erlanger, opp. var. arA., tönn II, n. 354; in the Weimarschen, vol. II, p. 23 and in Löscher's Ref.-Acta, vol. II, p. 437. in Adam Petri 1. e. p. 277. German is found in the Wittenberger (1569), vol. IX, p. 31b; in the Jenaer (1564), vol. I, p. 302; in the Altenburger, vol. I, p. 115; in the Leipziger, vol. XVII, p. 174 and in Walch. Walch's edition is the only German one that brings the Xeta complete, namely in this volume (after the old edition) Col. 739-746; (687-689 duplicate); 691-712; 746-756 and 656-664.

To our beloved son Thomas, our Cardinal Priest of the title Sancti Sixti and of the Apostolic See Legate de Latere, Pope Leo X.

1. our beloved son! Hail and apostolic blessing. After it has come to our ears that one, called Martinus Luther, hermit of the Order of St. Augustine, got into the wrong mind. Augustini, got into a wrong mind, defended some heretical articles, contrary to the teachings of the holy Roman church, as right, and about this, out of his own thirst and iniquity, defiantly and stiff-neckedly despising the compulsion of obedience, allowed some sayings, even books of shame, to go out through the printing press in various places in Germany, without questioning the Roman church, which is the master of the faith.

540 L.v.".ii,3S5ff. Action between Cajetan and Luther. Section 2, No. 176, W. xv, "57-659. 541

Since we now wanted to punish his outrage (and foolishness) paternally, we ordered the worthy, our dear. Brother Jerome, Bishop of Ascoli, of the proceedings of the Apostolic Court of Appeal, that he should admonish the said Martin Luther to appear before him personally, and to examine him on the above-mentioned articles, and what he thought of the faith, to give an answer, with avoidance of certain punishment; as then the above-mentioned Jerome, Bishop of Ascoli, has let such an admonition go out against the said Martin Luther, as we have heard.

Now, however, it has recently come to our attention that the said Martinus is abusing our kindness and friendliness, and thereby becoming more foolhardy, so that he is making things worse, and continuing stubbornly in his error and heresy, and has also let some other conclusions and books of shame go out, in which some other heretical errors are included, which has not a little frightened and distressed our minds.

4. Therefore, according to our episcopal office, in order to counteract the above errors and to prevent this poison from becoming so rampant, nor from polluting and poisoning the hearts of the simple, we hereby command, by this present writing, your prudence (for which we take all good care in the Lord, because of your special skill, manifold knowledge and experience in all kinds of things, also righteous devotion towards us and this holy see, which you are an honest, respectable member), you will, as soon as you have received this writing of ours, without any delay, because this matter is obvious to us from common rumor, also from sight, and therefore cannot be excused in any way, summon and force the said Luther, who has already been declared a heretic by the above-mentioned Jerome, bishop of Ascoli, to appear before you personally.

(5) You will also call upon and take to your aid the arm or power, both of our most beloved Son in Christ, Maximilian, elected Roman Emperor, and other princes of Germany, of all communities, universities and potentates, both spiritual and secular. And if you become powerful, you will keep him safe and secure until you receive further orders from us that he be brought before us and the apostolic see.

(6) And if he should come before thee, smite within himself, show true signs of repentance, and, without need of himself, beg mercy and pardon for such iniquity and thirst, then

we give you power and authority to graciously accept him for the unity of the Holy Mother of the Church, who never shuts out her bosom to the one who returns.

(7) But if he persists in his stubbornness, despises worldly power or authority, and you are not able to gain power over him, we give you equal authority and power in all places of Germany to proclaim him and all who follow him, even by public commandment and proclamation, after the manner of those who 1) were publicly posted in the town halls in former times, to be heretics, banished, accursed and cursed, and to command that all believers in Christ shall avoid them as such.

8. And so that this epidemic may be eradicated the more quickly and easily, you shall admonish all prelates in general, and each one in particular, as well as other ecclesiastical persons, both secular and regular, who belong to any order, including the mendicant orders, then also dukes, margraves, counts, barons and all commonwealths, universities, and potentates (with the exception of the highly esteemed Maximilian, elected emperor) by our power and authority, even under the sentence of banishment and other subsequent punishments, admonish and require, if they want to be held and regarded otherwise as faithful, that they accept the said Martin Luther, together with his followers and followers, in prison and send him to you in good custody.

9. But where, since God is for, which we cannot be persuaded nor believe, said princes, commonwealths, universities and potentates, or one belonging to them, would in any way house or harbor the said Martinum, or his followers and followers, or would show the same Luther counsel, help, assistance, encouragement or favor, publicly or secretly, by themselves or others, for whatever cause and in whatever way: of the same princes, commonwealths, universities and potentates, and of each of them cities, towns, country and villages, as well as the cities, towns, villages, country and villages, where the above-mentioned Martinus would go or escape, as long as the said Martinus would remain there, and three days after that, we want to subject to the church's interdict.

10. areas, nevertheless, all and especially all the above-mentioned princes, commonwealths, universities and potentates, about said penalties,

1) Here we have followed the reading of the Weimar edition: quae (referring to edicta), while all other editions offer Hui.

542 D. v.". ii, W7 f. Cap. 3. from the Diet of Augsburg anno 1518. w. xv. eso f. 543

As far as the ecclesiastics and the above-mentioned regulators are concerned, they are to be deprived of their churches, monasteries and other ecclesiastical property or income, and as incompetents to possess them henceforth, they are also to be deprived of their fiefdoms.

11. But as far as the laity are concerned, except for the Emperor, they shall be dishonorable and incapable of all proper actions, deprived of Christian burial and fiefs, which they have received and obtained from us and the apostolic see, or also from whatever secular lords, and thus fall into the above-mentioned penalty, if they do not comply with your command, request and admonition, without any withdrawal, objection and plea, and completely abstain from all advice, help, favor and stay of the aforementioned Luther and his followers.

(12) But to those who are obedient in this, we give you power to grant plenary indulgence, or any recompense and special grace of your liking, according to the present Scripture. Against this shall not be valid all kinds of exemptions, privileges and liberties, whether they be confirmed with an oath, apostolic assurance, or any other kind of fortification, and granted to all kinds of ecclesiastics and religious, whether they be religious, also to mendicant persons, likewise to churches, monasteries, etc., item, orders, or also to secular persons, in any way whatsoever. And although in the same it is expressly provided and prevented that they may not be banished, suspended, or have an interdict imposed upon them, yet this decree of ours appended and delivered shall annul and render void the preceding one. Which letters or privileges content and opinion, as if they had been written and written from word to word in the present letters, we consider to be expressed, and by virtue of the present ones we want to specially and expressly abolish and abrogate, and have abolished, together with all that is contrary to and against them.

Given at Rome, at St. Peter's under the Fisherman's Ring, the 23rd day of August, Anno 1518, of our Papacy in the sixth year.

Jacobus Sadoletus.

177 D. Matt. Luther's gloss on the above papal breve to Cardinal Cajetanus.

This epilogue by Luther to the preceding papal breve is found immediately after the breve in all editions given in the preceding number, separated from it only in the Latin Wittenberg edition, tow. I, col. 2145. - There are several times two

The authenticity of the Breve has been questioned by Leopold Ranke, "Deutsche Geschichte im Zeitalter der Reformation", 4th ed, mainly on the basis that Luther received the citation to Rome on August 7, 1518, in which he was granted a period of sixty days to travel, but now the pope is supposed to have written already on August 23 that Jerome of Ascoli had already declared him a heretic who should be forced to appear personally before Cajetan, who, if he becomes powerful, should hold him in safe custody. But the weightiest recent authorities hold to the authenticity of the bull; so Seidemann in De Wette, vol. VI, p. 599, note 6; Köstlin, Martin Luther (3), vol. I, p. 790 sd p. 233; Knaake in the Weimar edition, vol. II, p. 22, note, and Kolde, Luthers Stellung zu Concil und Kirche, p. 115 f. The latter says that with the nature of the judges, especially Sylvester Prierias, such an acceleration of the process was not so inconceivable; that Leo X, in a contemporaneous letter to the Churfürst sdem 179. Finally: "If Luther at first considers the breve to be spurious, this cannot be taken into consideration at all, since he has often made such statements in pretense, in order to be able to attack his opponents more sharply under this pretense. (Cf. quite the same process with the bull of excommunication.) Accordingly, the breve is to be considered genuine."

In the original print, in all copies that have become known up to recent times, our writing has a blackened passage at the beginning, which makes eight lines, the first paragraph, illegible. Also all reprints and the editions begin only with the second paragraph, with omission of the first word: vsinds. The reason for this is as follows (as we can see from the Weimar edition): "Prince Frederick saw the publication of the Vota Vugu- stunu with great reluctance; in the middle of the printing he put a stop to it. It was too late: the sheets had already been sold individually; only the third had not yet run out; Luther now believed that he could not hold back this last piece either; however, a passage that was particularly displeasing to the Elector was covered with printer's ink." Only Niederer, in whose copy the passage was "not so hard blackened," succeeded in penetrating something behind this dark veil. He was able to "bring out or guess" quite a number of words. The Weimar edition also made an attempt to eliminate the secret in the 2nd volume, p. 3. But later, D. Buchwald found a copy in the Zwickau Rathsschulbibliothek in which the passage is not blackened, and reported it in the 9th volume of the Weimar edition, p. 205, which we make use of here. - It was not until the end of October 1518 that the Breve came into Luther's hands. See Appendix, No. 14, § 3. - We have changed only little in the good old translation.

Afterword by Brother Martin Luther to the preceding breve.

First of all. The pope writes to all cardinals and bishops as to his venerable brothers. To this one cardinal priest St. Sixti he writes as to his "beloved".

544 D. V. E. II, 358 f. Action between Cajetan and Luther. Section 2, No. 177, W. XV, 660-662. 545

Son" and "beloved son". This has been so much noted that the memorable author in this breve has forgotten even his tricks, and writes, 1) that the bishop Jerome of Ascoli is called a venerable brother by the pope. For also from this deceiver the proverb had to be confirmed, in which it says: A liar must have a good memory. 2)

Secondly. Who told the pope that I had abused his kindness, since he had me cited by Jerome, bishop of Ascoli? Because at the same time that the breve is given, or yes, that I should have abused this kindness, I had not yet heard anything about the citation, as you will hear afterwards in the date. But the nasty white raven one in Germany, since he saw my constant courage, has croaked out such raven song.

Item 2: That I stubbornly persisted in error and heresy after Jerome's citation and admonition, and let other booklets go out, is a public lie. For not only before the breve was given, but also before the admonition was issued, they had stopped printing and selling my little books, except for the explanation of the sayings on indulgences, which I had not yet completely finished when I was cited. 3) But one can well smell that my apology, which I let go out, displeased some plate and cap servants. Which, since I did not want to give way to them, they invented a pope for me, who dreamed or saw of persistence in the deed, and of shouting, so worldly and not excusable. 4) For Leo X, whom they invent, is perhaps born inter rationem rei rationabilis, et rei rationantis.

3. znm last, which is the very finest,

1) 8 2 in the breve.

2) What caused the Elector to have this paragraph erased by printer's ink is Luther's not unclear reproach against Cajetan, which he made to him again not long after in his letter to the shorter interpretation of the Epistle to the Galatians (St. Louis edition, vol. VIII, 1359), that he had invented this breve.

3) Luther received the citation, as follows, on August 7, the rssolutiones went out on August 21. Cf. St. Louis Edition, Vol. XVIII, Introduction, p. 14.

4) This refers to H 3 and 4 of the breve.

this breve is given August 23; but I have been cited and admonished August 7, 5) so that between the date of the breve and the citation sixteen days have passed. Now, dear reader, you will find that Jerome, Bishop of Ascoli, either before he served me with the citation or on the sixteenth day after the citation was served to me, proceeded against me, passed sentence, condemned me and declared me a heretic.

4 So I asked: Where are the sixty days given to me in my citation, which began on the 7th day of August and ended around the 7th day of October? Is this the style and manner of the Roman court, that they cite, admonish, accuse, pronounce judgment, condemn, declare a heretic on one day, especially one who is so far from Rome, and knows nothing of all this? What will they answer to this? Perhaps they have forgotten that they would have purgatoried the brain with hellebore before they were at work with this lie to inflict it.

In the end, dear reader, let my faithful admonition be dear to you, let it be with my theses as it may: as much as they may yield to indulgences, I admonish you that you do not fall into my foolishness one day. For I believed before that time that the merit of Christ was truly given to me through the indulgence, continued in this foolish delusion, taught and persuaded the people that because the indulgence was such a noble treasure, one should not refrain from redeeming it, much less hold it in low esteem or despise it. But I, a fool with no understanding, did not realize that by this speech I had almost made a salutary commandment or a necessary advice to those who were free to redeem or not to redeem indulgences, to permit sin and to abate good works. 6) To this, my mind and good sense brought me, by delusion and dark words of the extravagant be-

5) Not August 21, as stated in Kolde, Luthers Stellung zu Concil und Kirche, p. 115.

6) The preceding, according to the Latin, reads thus: that by this speech I made almost a salutary commandment or at least a necessary counsel out of what was permitted, what was at will, what was indulged.

I have been mistaken. I have erred, dear reader, therefore recant my error, of which you will be a witness.

(6) But when I saw, after opening my eyes, that all doctors were unanimous in teaching that it is better to let indulgences go than to redeem them, and that those are more blessed who do enough by themselves than those who redeem indulgences, and that indulgences are nothing else than the forbearance of good works, by which satisfaction is fulfilled, I soon realized that it followed from this that one could despise indulgences, indeed that it would be the best advice to disregard them, even to let them go.

(7) But that one should despise, forsake, and hold in low esteem the holy, sacred, and unsearchable merit of Christ (that is, as it was then interpreted and understood, indulgences), was terrible and blasphemous, and was considered that such was not useful advice, but the words of a raging, godless man.

But this moved me very much, and penetrated that the indulgence itself, without the name of Christ's merit, was despised, and only by the title of Christ's merit was considered the noblest treasure, and therefore (unfortunately!) the holy merit of Christ, which can be compared to no treasure, had to serve and be a cover for the dishonest, shameful profit of the indulgence merchants. For what Christian, if he only heard to call, would keep silent, if the most precious treasure, namely the wounds, the blood, the agony and the sweat of anguish of his most sweet Beatificator, were offered to him, who did not also want to offer his life, let alone money, with joy in a mild manner? But again, how heartily it would grieve thee, if thou shouldst see that the wounds, the blood, the agony and the sweat of the blood of thy all-loving Lord Christ should serve only for shameful, accursed gain, and shouldst see Christ sold and sold again, not by one Judas, but by innumerable Judas, in addition every moment!

(9) Wherefore let not the name of Christ deceive thee, neither deceive thee: remember that it is declared of Christ, that many false Christs (and false prophets) shall come in his name, and shall shew great signs and wonders.

The first step is to make sure that the chosen ones are also led astray (where possible).

Now, I assume that my 58th thesis 1) is false, and that the merit of Christ is the treasure of indulgences. But consider what will follow from this on account of necessity, if you must say and confess that Christ's merit is to be abandoned and held in low esteem. Item, that those are more blessed who do not redeem the merit of Christ, than those who seek it with all devotion through the indulgence. And because the merit of Christ (according to its nature and character) primarily stimulates and drives to good works (because it should be the treasure of indulgences), but in the indulgence, since it is contrary to itself, good works are left behind, and what it does according to its nature and God's will, it dissolves again according to the will of the pope.

Luther's verdict on this breve in a letter to Spalatin. Oct. 31, 1518.

See Appendix, No. 14, § 3.

v. How the Elector of Saxony acted on Luther's behalf at Augsburg.

179 Pope Leo X's request to the Elector Frederick of Saxony to hand Luther over to Cardinal Cajetan, to follow in the footsteps of his ancestors, and this "child of malice

not to protect. Dat. 23 Aug. 1518.

This writing is found in Latin in the Wittenberg edition (1550), tona. I, toi. 203k; in the Jena (1579), tom. I, toi. 180k; in the Erlangen, opp. var. ar^., toru. II, p. 352 and in Löscher's Ref.-Acta, vol. II, p. 443. German in the Wittenberger (1569), vol. IX, p. 31; in the Jenaer (1564), vol. I, p. 101; in the Altenburger, vol. I, p. 114 and in the Leipziger, vol. XVII, p. 173.

To our beloved son, the noble Lord Frederick, Duke of Saxony, Elector of the Holy Roman Empire, Hail.

Beloved Son, salvation and apostolic blessing! When we think of your exceedingly noble lineage, and

1) Cajetan at Augsburg had turned against this in particular. Compare Kolde, Martin Luther, Vol. I, p. 173.

548 L.v.a.ii,3S2ff. Action between Cajetan and Luther. 2. sect., no. 179 f. W. xv, 665-667. 549

Remembering you, its head and ornament, as you and your ancestors, above all the praise with which your lineage is adorned, have especially desired this as the first and noblest, that through you the Christian faith and religion, and the honor and dignity of this Holy See (as is right and just), should remain unchanged in the old and noble state, and the honor and dignity of this Holy See (as is just and right) have remained unchanged in the old, laudable state, we cannot support the idea that anyone who abandons the faith, or rather rebels against it, should, trusting in your highness' favor and grace, so brazenly let his pride and malice take over.

2. But because we have heard, and it has reached us everywhere, that a child of wickedness, Brother Martin Luther, a hermit of the Congregation of St. Augustine in Germany, has forgotten his habit and his vows, which consist in humility and obedience, and boasts in the Church of God that, being assured of your protection and protection, he fears no man's authority or punishment: although we know that this is not so, we have nevertheless deemed it good to write to your Highness, and to admonish her in the Lord that, for the preservation of her name and honor, as a pious Catholic prince such as you are, she may keep the adornment of the glorious fame and good report of your praiseworthy lineage unsullied by such calumny, nor alone avoid the guilt of what you do; for in our opinion there is still no guilt in you; but also prevent the suspicion of such guilt, which this brother's iniquity intends to inflict on you.

3) And because it is known to us by announcement of the most learned and ecclesiastical people, especially of the beloved son, our holy palace Magister, that the said brother Martin Luther dares to assert many ungodly, heretical things, and to publicly defend them as right, we have ordered that he be demanded to answer, and have ordered our beloved son Thomas, of the title St. Sixti, our presbyter-Cardinal and of this holy see de Latere Legate, who is well experienced in all theology and philosophy, 1) what he shall do in this matter. Sixti, our Presbpter-Cardinal, and this Holy See de Latere Legate, who is well experienced and skilled in all theology and philosophy, 1) what he should do in this.

(4) However, since this action affects the glory of God and the purity and truth of the Christian faith, and since it is the proper office of the apostolic chair, which is the master of the faith, to judge who teaches rightly or wrongly, we again admonish your Highness and command that

1) namely in the preceding decree, No. 176.

in virtue of the holy obedience, that she will take care of God, ours, and her honor, and that she will see to it that this Martinus Luther is handed over to the power and judgment of this holy see, as the above-mentioned legate will demand of you. This will be a pleasant and beneficial work for the Christian faith, and especially honorable for your Highness, because of the promotion of godliness and religion. For it is to the honor of thy name, and especially to the blessedness of thy soul, that people living in our time, or who will live in the future, may not one day complain and say: The harmful heresy in the church of God would have arisen through the help and favor of your most noble people, to which danger your wisdom is guilty.

(5) If, however, your Highness may have something good in mind for Martin Luther, when the matter has been discussed before the apostolic see and the truth has been investigated, he shall either, if he is innocent, be sent back by our gracious will to where he came from; or, if he is found to be of a wrong mind, your mind shall be freed from all error. In accordance with our fatherly attitude and our pastoral office, we do not want to impose punishment on innocence, and we want to leniently offer the bosom of our kindness to repentance.

Given in Rome, at St. Peter's, under the Fisherman's Ring, August 23, 1518, in the sixth year of our Papacy.

Jacobus Sadoletus.

Luther's message to Joh. Lang about what the Elector of Saxony had arranged with the Cardinal on his behalf. 16. 1518.

See Appendix, No. 15n, § 3.

181 Myconius' report on how Elector Frederick had obtained from Cajetan, at great expense, that Luther should not come to Rome, but that his cause should be settled in Germany.

From the Myconius liist. reform. p. 30.

Around the same time, a Legatus from Rome, a Cardinal, called Thomas Cajetanus, tituli 8. 8ixti, arrived. Then Duke Frederick, Elector of Saxony, obtained with great discomfort that the Pope did not want to force Luther to Rome, but to commit, examine and judge the matters in German lands. For this purpose, he offered to bear the expenses and to present Luther.

182: Handwritten letter from Elector Frederick to Spalatin, from which one can see how favorably he felt toward Luther.

Although Prince Frederick hid his favorable attitude toward Luther from most people, he did not hide it from his confidants. There is a handwritten letter from him to Spalatin in which he sends him the news he had received from Augsburg, where Luther was at that time, and adds: "It concerns our Martinum, his things still stand well, and the Pfeffinger also comforts well.)

183 Spalatin's letter of intercession for Luther's cause, addressed to the imperial minister Hans Renner on the prince's orders after the departure of Prince Frederick from Augsburg.

This letter is found in the Wittenberg edition (1569), vol. IX, p. 58b; in the Jena edition (1564), vol. I, p. 107 b; in the Altenburg edition, vol. I, p. 120; in the Leipzig edition, vol. XVII, p. 172 and in Löscher, Ref.-Acta, vol. II, p. 445.

Favorable Hans Renner, my diligent request is that you, as I have spoken to you today regarding the most noble Elector of Saxony, Duke Frederick, my most gracious lord, faithfully remember D. Martin Luther, Augustinian Order, against Roman Imperial Majesty, my most gracious lord, faithfully remember, and bribe you that Imperial Majesty prescribe him against Papal Holiness, to let the made complaint and citation rest, and to order the matter out, to the bishops of Würzburg and Freifingen, and to an unsuspicious university to interrogate. For D. Martinus can suffer all universities in German lands to be commissioners and judges, except Erfurt, Leipzig, and Frankfurt on the Oder, which have made themselves suspicious. For Doctori Martino, for many reasons, does not want to be done in any way, and it is also impossible for him to appear in person in Rome. My most gracious lord will undoubtedly recognize this in all graces toward you, so I am kindly willing to deserve it. 1518.

1) Seckendorf translates the last words: et bonam kavil,?k6k8nMru8 - and Pfeffinger gives good hope. - Seckendorf also gives the location where this letter is in the Weimar archives.

184 Luther's letter to Spalatin, in which he regrets the inconveniences that have befallen the Elector because of him and does not want anyone to take care of him.

Sept. 2, 1518.

See Appendix, No. 9, U 1.2.

185 Staupitzen's letter to Spalatin, in which he asks the latter to cheer up the Elector: he should not look to him, nor to Luther, nor to the Augustinian Order, but above all to the preservation of truth, so that it may come to light, and see to it that there is a safe place where one may speak freely without fear. Dated Sept. 7, 1518.

From the Latin Jena edition (1579), toru. I, col. 363 b.

Translated into German.

1. salvation and grace from our Lord Jesus Christ! What you write about our Martin Luther, dearest friend, and although it sounds harsh in itself, it is nevertheless sweet through your pen, since you let us feel your love and thus comfort us through fear. He does not deceive who has promised that he will be the third where two are united in his name.

Since your worthiness is so fervent in love, and at the same time I see how much you make an effort to impress this on others as well, one and no small cause for despondency has already been removed. For such unanimous godly wishes must necessarily be heard. At the same time, the voice of the Holy Spirit from heaven enlightens and strengthens: "When you see that injustice is done to the poor, and that authority prevails over justice, and that righteousness is taken away in a country, do not be surprised, for there is a higher one above a high one, and there are others above these higher ones, and the king of the whole earth that serves him rules over them. One must take legal remedies, seek the intercession (or assistance) of the saints and the pious, not so much to obtain life as the truth; and if none is to be found, one must serve the king who rules over the whole earth, suffer, die for the truth, as we must live for the truth more than ourselves.

3 Therefore, fellow disciples of Christ and followers of the gospel truth, pray with me that our Lord Jesus Christ may shine through Himself to us, who is the light of the world, the truth, the way and the life of believers, and that He may give us to seek Him, the humble, humbly, to think moderately of ourselves, but when we have found Him, to proclaim Him steadfastly and confidently.

4 Then admonish the most noble prince, your lord and mine, that he be not weary because of the deceitfulness of them that seek to overthrow the truth with the tongue of a serpent, neither be dismayed at the roaring of the lion. 1) For it is written of him to whom the truth of God is a shield: "He has commanded his angels over you, that you do not strike your foot against a stone; on vipers and basilisks you will walk, and tread on lions and dragons" sSs. 91, 4. 11. ff]. Only her Serene Highness should refrain from her own, Luther, Staupitz, or even the Order; only strive that she may handle the truth, that the truth may come to light and, after the darkness has been dispelled, see to it that there is only a safe place where one can speak freely without fear, of which even a stout-hearted man would be capable.

I know how the Babylonian, not to say Roman, pestilence rages against those who contradict the abuses of those who sell Christ. For I have seen a preacher, who taught the truth, torn from the pulpit by force, and though at a great feast, dragged away by ropes before all the people and thrown into the dungeon. Others have seen even more cruel things.

So far I have not seen that the slightest thing has been lacking in your active participation or the most noble prince's protection. Dear, help further that her Serene Highness, in view of the highest and eternal truth, remains in such a sense, for which more is due to you than we two, Martin and I, who are indeed two, but with you one in Christ, the eternally highly praised Lord, either are or are able to be. Be well. From our monastery, Sept. 7, 1518.

Your worthiness

most devoted brother

Johannes von Staupitz.

1) Here is a play on words with the name of Pabst Leo: 4 "orn8.

E. Luther matured after Augsburgs, although some good strangers wanted to keep him away from it.

186 Staupitzen's letter to Luther, asking him to leave Wittenberg and come to him secretly in Salzburg.

Sept. 14, 1518.

See Appendix, No. 15d.

187 Luther's report to Wenceslaus Link, how Johann Lang had told him that Count Albrecht of Mansfeld had warned him in writing not to let Luther leave Wittenberg, because everything was in place to kill him, along with Luther's thoughts about it.

July 10, 1518.

See Appendix, No. 2, §§ 2-4.

The report of Myconius on Luther's conversation with the Franciscan Provisor, Johann Kestner in Weimar, on the journey to Augsburg. End of Sept. 1518.

From the Myconius liist. reform. p. 30 reprinted in des Scultetus unvul. evunZ. unn. 1518, p. 26 and in Löscher's Ref.-Acta, vol. II, p. 446.

Doctor Martinus moved to Augsburg in September 1518, lay one night in Weimar in the Barfüßerkloster, where he still held a mass, and was still one with the monks. And when the monks' provisor, Johann Kestner, said out of compassion: "O dear Doctor, the whales are, by God, learned people. I am worried that you will not be able to preserve your things from them. They will burn you. Luther answered: "With nettles it would work, but with fire it would be too hot. Dear friend, ask our dear Lord God in heaven with an Our Father for me and his dear child Christ, whose cause is mine, that he may be merciful to him. If he only preserves it for him, then it is already preserved for me; but if he does not want to preserve it for him, then I will not be able to preserve it for him either, so he must bear the shame.

F. Luther's arrival at Augsburg on October 7 and report to his good friends that he had encountered the matter and had found great protection and love among the Augsburg patricians.

189 Luther's letter to Melanchthon from Augsburg, in which he says a heart-moving farewell in view of the probability of suffering death for the truth.

Oct. 11, 1518.

This letter is complete only in Aurifaber, vol. I, p. 85; in Löscher, Ref.-Acta, vol. II, p. 630; StrobelRanner, p. 13; in De Wette, vol. I, p. 145 and in Erlanger Briefwechsel, vol. I, p. 244; but incomplete in the Latin Wittenberg edition (1550), tom. I, col. 207; in the Latin Jena (1579), tom. I, toi. 184 d and in the Erlanger, opp. var. ar^., torn. II, p. 364. similarly incomplete in all German editions, namely, the Wittenberg (1569), vol. IX, p. 35; in the Jena (1564), vol. I, p. 107; in the Altenburg, vol. I, p. 119; in the Leipzig, vol. XVII, p. 186 and in Walch. We translate according to the Erlanger Briefwechsel, which has corrected De Wette's text according to the 6oä. vrsgä.

Newly translated from the Latin.

To Philipp Melanchthon, professor of the Greek language in Wittenberg, who is highly esteemed in Christ, highly learned and most beloved friend.

Jesus.

Hail! I accept our Johann Böschenstein, 1) my dear Philipp, rather as recommended by you than that I let him be recommended to you. I see that he is a timid man and of little reliability, which, I fear, will keep you from closer association with him; but you, as well as the others, show him heartfelt mercy, not harshness. Carlstadt will give you news about my affair. There is nothing new or strange going on here, except that my name is on everyone's lips in the city, and everyone is eager to see the man who is like him.

1) Johann Böschenstein from Esslingen, born 1472, died 1532, came from Ingolstadt to Wittenberg as the first professor of Hebrew. He left Wittenberg as early as April 1519, then spent a short time in Heidelberg and later in Zurich, where he was Zwingli's teacher in Hebrew (Erl. Briefw.).

a Herostratus caused such a large conflagration.

You prove yourself a man, as you do, and teach the young people the right doctrine. I go to be sacrificed for you and for them, if it pleases the Lord. I would rather die and, which is the most difficult thing for me, also be forever deprived of your exceedingly sweet company, than that I should revoke what is rightly said and become a cause for the best studies to be destroyed among these, as quite incomprehensible, so also exceedingly fierce enemies of science and studies 2).

Italy has been cast into palpable Egyptian darkness. Thus, all of them do not know Christ and what Christ is. Nevertheless, we have them as lords and masters of faith and life. Thus, through the wrath of God upon us, what the prophet says [Isa. 3:4] is fulfilled: "I will give them young men to be princes, and children shall rule over them." Fare well, my dear Philip, and turn away God's wrath through devout prayer. Augsburg, Monday after Dionysius [Oct. 11], 1518.

Brother Martin Luther.

190 Luther's report to Spalatin of his arrival in Augsburg and his indisposition on the way; likewise, how he had himself reported to the Cardinal after his arrival; how many distinguished town councillors and friends took care of him, showed him all love and good, wanted to effect an imperial escort letter, and warned him against the Cardinal; whereby he especially praises D. Peutinger as a very good friend. 10 Oct. 1518.

See Appendix, No. 16, §§1-3.

191 Luther's further report to Spalatin that he had informed Staupitz of his arrival at Augsburg and that he had promised to come there; as well as that the Franconian deputy of the

nishes the beginning of the new paragraph. But already the old translator has drawn them, as it seems to us, suitably to the preceding.

who had left Augsburg shortly before his arrival, even spoke honestly of him; at the same time, he lets the Wittenbergers take leave of him in case he comes back to Wittenberg or not.

See Appendix, No. 16, U 9.10.

G. Of the cunning plot of Urban de Serralonga, one of Cajetan's ibgeschickten, with Luther M Augsburg.

Luther's report in a letter to Spalatin, how this sent Urbanus visited him and what kind of conversation he had with him. Oct. 10, 1518.

See Annex No. 16, U 4-7.

193 Another report by Luther of this Urban de Serralonga's repeated visit and other conversation.

From the Altenburg edition, vol. I, p. 150. A very similar report also in Löscher, Ref.-Acta, vol. II, p. 455.

On the third day the orator came, expostulating with me, and said: why do I not come to the Cardinal, who is waiting for me graciously? I answered: I must follow the gentlemen's advice, to whom the Elector recommends me; such, however, is that I do not go to the Cardinal until I have received the Emperor's escort, as soon as I obtain that, I want to come. He was upset by this and said: "How does he think that the Elector will take up arms for his own sake? I replied, "I certainly did not want that. Where does he want to stay, he continued? Under heaven, I said. He, on the other hand: If he had the pope and the cardinals in his power, what would he do with them? I was ready with the answer: I would show them all honor. But he bit his finger in the manner of a Welshman and said: Ha, ha! So he went away and did not come back.

194 Georg Spalatin's report on this.

This report is found in the Wittenberg edition (1569), vol. IX, p. 36; in the Jena edition (1564), vol. I, p. 108 b; in the Altenburg edition, vol. I, p. 121; and in the Leipzig edition, vol. XVII, p. 178.

As soon as D. Martinus came to Augsburg on the Friday after Sanct Francisci 1) next past in this year 1518, he let himself be reported to the legate, with humble offer to present himself as the obedient one, according to his opportunity.

2 On the following Saturday, Doctor Martinus was required by the legate to appear before him.

3 Now the Lord Urbanus, Orator, has ordered Doctori Martino not to appear before the legate in any way, unless he has been with him before.

So Urbanus came to Doctor Martina, talked to him in many ways, and wanted to persuade Doctor Martinum to humble himself in every way, and not to refuse the legate's request in any way, but to contradict his teaching, sermons, and disputation.

Now Doctor Martinus was worried that Urbanus was more on the legate's side than his. For this reason, he had no other choice but to show himself obedient and humble, and to let himself be shown that he was wrong in everything. Urbanus was glad of this, and said that he wanted to go to the legate beforehand, and that he should follow him; for all things would be bad, and would easily be laid to rest.

6 But Doctor Martino was advised by sensible, loyal friends not to enter into any dealings with the legate, because he had first obtained his escort from the Roman imperial majesty and from the council of Augsburg. Doctor Martinus followed the same advice.

So the said Urbanus came to Doctor Martino, had a long talk with him, and told him what he was doing, the matter would have no need at all. He was not allowed any escort, the legate would be willing and inclined to reject the matter in a friendly manner; if he were to take escort, he would make his cause all the worse, and the like.

1) There is an error in this date. Friday after Francisci is in the year 1518 the 8th of October. In contrast, Luther himself writes in his letter to Spalatin that he arrived in Augsburg on Marci, 68t post ^ranciscum, which is October 7. This however was in the year 1518 a Thursday. Probably we have to do it also here with a wrong dissolution of tkrin Quinta.

But Doctor Martinus stuck to his opinion and said to Urbano: his most gracious lord, the Elector of Saxony etc., had given him away to many honest people. Now, however, he had been advised by good friends and many others not to undertake anything without escort; he had to follow them. For he would have to worry, if he did not follow them, and the other suggestion was not good enough, they would write to the Elector of Saxony, his most gracious lord, that he, Doctor Martinus, did not want to follow them, and this or that misfortune would have befallen him.

9 So Doctor Martinus awaited the imperial escort, which was given to him on the Monday after Gereonis [Oct. 11].

A very harsh letter from this Urban de Serralonga against Luther to the Elector of Saxony, in which he demands that the Elector keep the promise he made at Augsburg, and that Luther be chased out of the country or stoned because he would not recant. Casal July 3, 1520.

From Tentzel's Hist. report, vol. II, p. 168. Translated into German.

Most Serene Prince, Most Reverend Lord, Most Worshipful Lord!

1. my humble greeting beforehand ! In the last few days I have written to your Serene Highness in detail that there was a public rumor in the city of Rome that the Auditor of the Apostolic Chamber, on the orders of the Pope, had made some very unfriendly statements against you, as if you were a real enemy of the Christian religion, about which I am quite astonished.

I am very sorry and not a little surprised that such evil things have been reported to the most holy (father) and the aforementioned auditor. The most illustrious House of Saxony has never had such accusations upon it. I fear very much that all the aforementioned and even worse things come only from the venerable father, Doctor Martin Luther. Not only has he not wanted to repent of anything because of the past, but he also continues and becomes more and more angry against the Most Holy Apostolic See. I know well that he will be aware enough that it is difficult to lick the sting; but the worst thing is that the rumor is going around as if

he does everything because he relies on your Serene Highness' grace and protection; which will remind you that I have often been assured that if the said Luther persisted in such his evil opinion, they would not only not 1) protect him, but even expel him from their high princely grace and the entire dominion of their Serene Highness; and have already announced such holy and catholic resolution in many places. And as I have news from the city, a bull has been issued against said Luther in the full Consistorio (or Cardinals' Assembly), which still uses all grace and leniency against him, as I hear. For it is stated in said bull that if he wants to recognize his error within a certain time, he should not be excluded from the grace of the apostolic see. Therefore, after careful consideration of all this, and especially because of the offer of mercy made both against the most reverend Cardinal St. Sixti, then in Augsburg with the Emperor's papal legate, and against me, I humbly ask for the special grace that it may not obscure their most Christian name, which is known throughout the world, and so godly other praiseworthy deeds done by your Serene Highness 2). And it is in truth something shameful that slanderers and lying blasphemers, against due and right, should boast of their evil works. They must be blotted out of the book of the living and not be written with the righteous. And that little brother must not give cause for such great shame. Many things, undoubtedly false, have already been written and printed against the honor and glory of your Serene Highness. Therefore arise, Lord, for it is a time to speak and a time to be silent. And those who have written such an ugly report must be condemned to eternal curse and be revealed! But Martinus himself must not remain in his evil opinion. So everything will be forgotten and done.

For this reason, and in order to prevent all consequences, I humbly ask Your Serene Highness to deign to make it so that D. Martin himself repents of having committed so many and such great errors and wants to be a pious and faithful son of the Holy Apostolic See. And if

1) In Latin, a von seems to be missing here, which the old translator already added.

2) Here, too, a "not" is missing in the Latin, which the old translator also added. It seems as if something was omitted in the text, for example, that the evil speakers must be silenced, to which äslrsaut sutkoeari would refer.

If he does not want to do this, let it be done in such a way that he is no longer tolerated in the entire dominion of your Serene Highness, but that he is not only publicly hounded out, but also stoned, so that it may be established everywhere that your Serene Highness... will not protect nor suffer, but will keep and fulfill what she promised in Augsburg. And I would rather have that than to be given 10,000 Rhenish florins.

My most gracious wife with the most illustrious prince and princesses is quite well, and always commands the grace of your Serene Highness, asking that on occasion she take them and their children and state (or country) into special and kind protection and recommend them in the best possible way to Imperial Majesty.

In these regions there is nothing new, except that the most Christian king should unite with the king in England, and great efforts are being made on both sides.

As for the Turkish fleet, it is very large and is due to leave, but it is not yet known where it is likely to go. The Christians are in fear everywhere. However, there are reports that in the Orient, in the Sultan's Oertern (or lands), there has been much rebellion and outrage against the Turks, and it is said that a new Sultan has been elected. If only all the wars of Christendom went to those regions!

There is talk that the Duke of Savoy should take a daughter of the King in Portugal as his wife. In these areas everything is quiet, and I will not write anything else for this time, except that I ask your Serene Highness that she deigns, if I can do something to please her, to command me as her most faithful servant in this. If she does so, she will find my person with my little fortune always completely ready for all favors, and then I will believe that her Serene Highness will still have me in gracious remembrance if she does so, as I then most humbly command myself to her grace. Casal, July 3, 1520.

Your Serene Highness' most humble and obedient servant Urbanus of Serralonga.

Inscription.

To the most illustrious and highborn Lord, Lord Frederick, by the Grace of God Duke of Saxony etc., the most famous Elector of the Holy Roman Empire etc., my most esteemed Lord.

H. Of Luther's three interrogations by Cajetan.

1. from the first interrogation.

Spalatin's report of Luther's first audience with Cardinal Cajetan at Augsburg.

This number is a continuation of Report No. 194, and is found in the works of Luther given there immediately after.

On the next Tuesday after that, Doctor Martinus went to the legate and took with him his host, the prior of St. Anne's in Augsburg, and two of his brothers, also Doctor Wenceslaum Link, and another brother of his order.

When Doctor Martinus came to the legate's inn, the legate sent for the Nuncio Apostolico; and when Doctor Martinus came to the legate's chamber, he found the legate, and with him Apostolicum Nuncium and Urbanum. Doctor Martinus fell down before the legate, as Urbanus had instructed him. Then the legate called him to stand up again.

So the whales almost crowded around Doctor Martinus and wanted to see him, and came into her chamber much below.

4 The legate has again called Doctor Martinum to stand up, and certainly together with the Nuncio Apostolico and Urbano hoped nothing else, because Doctor Martinus would sing how and what they wanted, and do a contradiction without any refusal.

5th Now that Doctor Martinus had risen again, and neither the Cardinal nor anyone else had spoken, Doctor Martinus took it for granted that such silence meant that it was his due to speak. And therefore almost said this opinion:

Most venerable father, at the citation of papal holiness and the request of my most gracious lord, the Elector of Saxony, I have appeared as an obedient subservient son of the holy Christian Church, and confess that I have let these and these positiones or disputation sentences go out; and in obedience I am obliged and willing to hear what I am accused of, even if I had been mistaken, to let myself be instructed better.

The legate then said: "Dear son, Papal Holiness has ordered me to act with you on three articles in her breve. The first one,

That thou shalt make a contradiction of thy doctrine, propositions, and preaching. Secondly, that you no longer subject yourself to this. And thirdly, that you renounce it completely.

007 And first thou shalt make a contradiction in the following two articles: First, that thou sayest or settlest that the treasure of indulgences shall not be the merit or suffering of our Lord Jesus Christ. Secondly, that you say that a man who wants to receive the reverend sacrament must actually have faith.

8 The legate also let himself be heard as if he wanted to let go of St. Thomas and other Opiniones, from the Holy Scriptures and act friendly with him; but as soon as the legate opened his mouth, his whole speech was nothing else but pure Thomas, Opiniones and scholasticism.

9 The first article the legate has wanted to move with some extravagans in Clementini's, which starts: Unigenitus, and pretended that the suffering of our dear Lord Jesus Christ and indulgences should be one thing. The other article, about the holy faith, the legate has moved with pure opinions.

In his answer, Doctor Martinus indicated that there were two extravagants: one of Pope Clement VI, the other of Pope Sixti IV, of the same sound; he knew them well and had read them both. For the legate had said how he would be so bold that he could write such extravagans, unread, differently than he held them; had considered it as if Doctor Martinus had never read them. But Doctor Martinus thought that the legate himself had never read them, because he had read them from several entries.

The disputation has grown to such an extent that Doctor Martinus has said that he does not consider the extravagants to be sufficient proof of such great things. For they perverted the Scriptures and did not introduce them properly.

Then the legate spoke: The pope has power and authority over all things. To this Doctor Martinus answered: Salva Scriptura, that is: Yes, it is true, but so far that the holy scripture would not be torn apart by the pope.

13 Then the legate made a mockery of it, saying: Salva Scriptura! The pope, don't you know, is also over the Concilium, because he recently punished and damned the Concilium in Basel.

14 Then said D. Martinus: But the University of Paris has appealed against it. Says the legate further: "The people of Paris will take their punishment for it. I do not know how

it happened that D. Martinus alleges Gersonem; then the legate said: I know nothing of the Gersonists. Then D. Martinus said: Who are the Gersonists? The legate said: Let us leave it, and fell on another opinion. For D. Martinus at that time always answered him to one article after the other.

15 On the other article, concerning the holy faith in the reception of the holy sacrament, D. Martinus quoted several sayings from the Holy Scripture. The legate laughed and said: Loquitur de fide generali. Martinus said: No.

16 The legate's Magister Ceremoniarum also wanted to talk a lot about it, as a No^tsr Qostsr; but the legate resisted him so much that he left Doctorem Martinum satisfied in the legate's chamber.

After this action, the Magister Ceremoniarum followed D. Martin into the courtyard and reproached him with a sophistical argument, which D. Martinus answered with a rather scathing reply, and thus also rejected him.

So Doctor Martinus clearly noted from this first action that the legate wanted nothing but a contradiction.

(19) Martinus said that he did not know how to revoke a single word in the article concerning the faith in the sacrament, but if he could be shown to be wrong in the other article, he would let himself be shown wrong. But he would know that the article concerning faith was right, consistent, and well-founded.

20 The Cardinal has also never challenged any other article, although he once said that perhaps there should be more articles.

When D. Martinus returned to the inn from this first action, he found Doctor Staupitzen, the vicar, who had come to Augsburg. To him, D. Martinus denounced the dwindling trade, and that he might not come to a proper answer, but that one alone, although unheard and unconquered, wanted to have a contradiction from him.

22 Doctor Staupitz thought it would be good to obtain from the legate that D. Martinus send his answer in writing to the legate. Martinus send his answer to the legate in writing. Thereupon also D. Martinus acted accordingly.

2. from the second interrogation.

197 Spalatin's report of Luther's second audience with Cajetan, Oct. 13.

Continuation of the previous report, which can be found in the works of Luther listed in No. 194.

On the following Wednesday, D. Martinus has brought about that three Imperial Majesty's Councillors, as the Dean of Trent, Doctor Peutinger, and another, whom D. Martinus does not know to name, and Mr. Philipp von Feilitzsch, Knight, have gone with him to the Legate on account of my most gracious Lord. He also had his notaries and witnesses with him, protested, and made it clear that he was first of all subjectively willing and willing to be examined by public or secret disputation, and to submit to the judgment of the holy Christian church and all those of high standing.

2. secondly, he has offered, in his own person at Augsburg, or at other ends, to indicate the cause of his doctrine and writing, and to answer his positiones or propositions either in public or secret disputation.

Thirdly, he has offered to answer the Lord Legate in writing to his objections and reproaches.

4th To the fourth, of the four universities, Basel, Freiburg im Breisgau, Leuven and Paris, to suffer judgment and recognition of his positionum, so he erred with ichten 1). He has also not yet received any transfer of his answer, given to the Lord Legate, and therefore caused to appeal.

Fifth, he is once again submissively obligated to suffer all the above-mentioned interrogations and findings, and otherwise to appear before equal judges and unsuspicious safe ends as befits a Christian man.

The legate said that the protest was not allowed, because he wanted to settle the matter in a fatherly and amicable way.

7> But nevertheless again based on the two articles, and wanting nothing else but a contradiction, and with D. Martinus constantly whistled and purred, and let him come to no answer at all.

8 Then D. Staupitz asked the legate to give D. Martins space to tell his answer and not to fall into it. Martins space to tell his answer and not to fall into it.

1) ichten == something.

9th Then the legate came again with his extravagans, has had such a life with it that some named imperial majesty councillors have worried, Doctor Martinus would be killed by it, until they have been informed so much by D. Martinus that they have believed him.

Among them, a quick allegory from the legate of St. Thomas' Opinion has arisen, so that Doctor Martinus could not obtain more than at last, upon much request, that he should put his answer in writing.

Luther's written report to Spalatin in a letter of October 14, how the Cardinal dealt with him in the third interrogation. 2) See Appendix, No. 17, §§ 2-4.

199 Luther's letter to D. Andr. Carlstadt, especially about the third interrogation. Dated Augsburg, Oct. 14, 1518.

The Latin original no longer exists, but only the translation in the collections: Wittenberger (1569), vol. I, p. 59b; Jenaer (1564), vol. I, p. 119b; Altenburger, vol. I, p. 132; Leipziger, vol. XVII, p. 185; Erlanger, vol. 53, p. 3 and De Wette, vol. I, p. 159.

1. happiness and bliss! Respectable Doctor. Take little for much, for the time and the matter presses me to do so; at another time I will write to you, and also to other more people. For these three days my cause has been in a very hard state, so that I had no hope at all of coming to you again, and that I would miss nothing more certain than the ban. For the legate wanted in all ways that I should not dispute publicly; so he also did not want to dispute with me alone, and always boasted that he did not want to be my judge, but would deal with me fatherly in all matters. But nevertheless he did not want to hear anything else from me except this word: I contradict, I recant, and confess that I have erred. Which I did not want to do.

But most of all, these two articles have been fought over. First, that I

2) This and the following number actually belong to the third audience.

that indulgences are not the treasure of the merit of our dear Lord and Savior Christ. Secondly, that a man who wants to go to the most reverend sacrament must believe etc.

The legate, on the other hand, has set the Ex- travagans in Sexto Decretalium, 1) which starts, Unigenitus. He firmly relied on it and completely presumed that I was overcome by it; therefore, he wanted to force me into a contradiction. He drew for himself the common opinion and delusion of the scholasticorum or school teachers, of the power and effect of the sacraments, and of the uncertainty of the one who receives the reverend sacrament.

4 After the legate had done and acted all things with power and force alone, I have only today, through the intercession of many people, obtained permission to put my answer in writing. The above-mentioned honest extravaganza, Unigenitus, has been moved and proven against the legate and his authority, as I hope, by divine counsel, so that the legate, ashamed of everything else, has abandoned it, and desires my absence to talk to the venerable father vicar, Doctor Johann Staupitz, alone. When the vicar came to him, he kindly offered himself. But we do not believe the whales any further than we see; for the legate perhaps pretends it all fraudulently.

But an appeal is made to me, as much as it is possible, well judged, founded and convenient and in accordance with the matter. It is also my opinion that if the legate refuses to deal with me by force, he should let my answer about the two articles mentioned go out, so that the whole world may note his unwisdom and ineptitude. For truly, from his opinion flow many inconsistent and heretical sentences and opinions. He may be a renowned Thomist, but he is an obscure, hidden, incomprehensible theologian or Christian, and for this reason he is as adept at judging, recognizing and judging this matter as a donkey is at playing the harp.

1) 8sxto Veoretalium is wrong; about 8extn8 Deeret. is from Bonifacius VIII, who had already died before Clemens VI, from whom the UniMnitus originates (Grl. Briefw. I, 249). - In No. 202 the extravagant is correctly named, also in No. 203.

For this reason my cause is in so much more danger that it has such judges, who are not only enemies and angry, but also unable to recognize and understand the cause. But like all this, God the Lord rules and lives, to whom I entrust myself and all that is mine, and I have no doubt that help will come to me through the prayers of some godly people, as I almost let myself think that prayer is being done for me.

(7) But either I come to you again unharmed and unspotted, (2) or else I turn away banished to another place: so be at ease, hold fast, and exalt Christ confidently and undaunted.

8) Mr. Christoffel Langenmantel 3) does so very faithfully to me that I am disturbed by his so great care.

(9) I have the favor and fortune of all men, with the exception perhaps of the bunch who are in league with the Cardinal; although the Cardinal also constantly calls me his dear son, and has told my vicario that I have no better friend than him. But I keep it, as above, for honor's sake. I know that I would be the most beloved if I spoke this few words: rovooo, that is, I recant. But I do not want to become a heretic by contradicting the opinion by which I became a Christian; before I will die, be burned, expelled and maledicted etc.

(10) Fare well, my dearest Lord, and show this my writing to our theologians, to Amsdorf, Philippo, Otten 4) and others, so that you may pray for me and also for yourselves. For here your cause is dealt with, that is, faith in the Lord Christ and the grace of God. Given at Augsburg, on St. Calixt's Day [14 Oct.] 1518.

2) That is, not banished.

3) 8pal. annal68 ap. Uenek. II, 596: D. 6dri8topüorn8 I^anZenmantel, Oanonio. IHi Sinkens. "te., ^n8U8l6N8i8, a OonsiliarÜL Oaes. olim Maximiliani (Erl. Briefw. I, 249).

4) Otten, that is, Otto Beckmann, born in Marburg in Paderborn, inscribed in Wittenberg under the rectorate of Scheurl in the summer semester of 1507, canon and professor of eloquence in Wittenberg, held in high esteem by Luther and Melanchthon, but left Wittenberg as a result of the Reformation and became provost at the Aegrdienstift in Münster; in 1530 he was sent to the Imperial Diet in Augsburg as defender of the papacy.

568 L.v.".ii,37if. Action between Cajetan and Luther. 2. sect., no. 200 ff. W. XV.687-S89. 569

200 Luther's protestation handed over at this other audience in the presence of notaries and witnesses.

This writing is found in Latin in Löscher's Ref.Acta, vol. II, p. 463; in the Wittenberg edition (1550), tonr. I, tot. 209; in the Jena edition (1579), tom. I, toi. 186d; in the Erlanger, opp. var. ar^., tom. II, p. 371; in the Weimar, vol. II, p. 8, and in Adam Petri, D. ÄI. I^uttisrli luoudrationurn pars una. Lasileae 1520. menss 4u1io, p. 266. German (incomplete): in the Wittenberg (1569), vol. IX, p. 39d; in the Jena (1564), vol. I, p. 113 d; in the Altenburg, vol. I, p. 125; and in the Leipzig, vol. XVII, p. 187. Completed in Walch.

Translated from Latin.

I, Brother Martin Luther, Augustinian, protest in particular and testify publicly that I hold the Holy Roman Church in special honor and follow her in all my present, past and future words and works. If anything of mine has been spoken or should be spoken contrary to it, I will have it considered as if I had not spoken it. However, since the most reverend lord etc. at the given command of Sr. papal holiness has given the lecture and wanted to compel me, for the sake of the disputation I held on indulgences, to make myself comfortable with these three pieces, and, first, to come to my knowledge and recant my error; second, to guarantee that I would not reheat the matter in the future; and third, to assure myself to abstain from everything that could cause unrest in the church of God: I, who have disputed and sought the truth, could not have acted unjustly by such inquiries, much less have been persuaded to recant unheard and unconquered.

2 Therefore I protest today that I do not remember that I should have said anything contrary to the Holy Scriptures, contrary to the teaching of the Church, contrary to the decrees or laws of the popes, or contrary to right reason, but everything that I have said I still consider to be right, true and Christian today.

3 Nevertheless, because I am a man and can err, I have barked, and hereby submit to the

Recognition and proper pronouncement of the Holy Church, and of all who know better.

4. however, I offer myself to the abundance, here or elsewhere publicly, in my own person, to give cause and answer to all that I have spoken.

If this does not please the most reverend Legate etc. I am willing and inclined to put my answer in writing to his objections, if he would raise them against me, and then to suffer a decision and recognition of the doctors of the renowned universities in the empire, Basel, Freiburg im Breisgau, and Leuven, or, if even this would not be sufficient, the university of Paris, which has always been the most Christian and the most excellent in the Holy Scriptures.

3. the third and last interrogation.

201. Luther's report of this his third audience with Cajetan.

See Appendix No. 17, §§ 4-7.

202 D. Joh. Rühel's account of what happened at this third audience with Luther before Cardinal Cajetan.

[Oct. 15, 1518.] 1)

This writing is found in Latin in the Wittenberg (1550), tom. I, toi. 207 p; in the Jena (1579), tona. I, toi. 184d. German in the Wittenberger (1569), vol. IX, p. 35 d; in the Jenaer (1564), vol. I, p. 108; in the Altenburger, vol. I, p. 120 and in the Leipziger, vol. XVII, p. 177.

1) I have considered it good that I also inform E. F. Gn. of this, among other things, for the new newspaper. The day before I wrote this to E. F. Gn., namely on Thursday, we, Mr. Philipp von Feilitzsch, Knight, and I, 2) by order of our most illustrious Lord, Duke Frederick of Saxony, Elector etc. were in the plot, so the Roman Car

1) This date results from the words at the beginning of this letter: "The day before.... before I wrote this to E. F. G., namely on Thursday." Thursday was Calixtus, October 14.

2) Marginal gloss in the old editions: D. ^okannes Lust, sureeonsultus.

570 D. v. a. ii, 372. cap. 3. from the Diet of Augsburg Anno 1518. w. xv. E-E. 571

The first time, the Cardinal of the Order of Preachers (who, as far as we know, is otherwise an honorable man) met with D. Martin. There D. Martinus presented his answer and explanation about the sayings on indulgences, which the Cardinal had previously rejected because he thought that he had acted against the Pope and the Roman Church in them.

2 Among other things, the Cardinal alleges an extravaganza of Pabst Clement VI, on which he stood stiffly and vehemently, as on a certain ground, to maintain his opinion through it against D. Martinum, namely: that the merit of Christ would be distributed through the indulgence. But D. Martinus, as a sincere Christian man, confessed that the same Extravaganza in Clementis was well written, but would not allow it to be added to the Cardinal's opinion 1) and confirmed, which grieved the Cardinal, so that he soon took recourse to the books and searched for this Extravaganza; and looking at it diligently, he found that D. Martini's opinion was right. Martini's opinion was right. However, he did not let himself notice it, but managed as best he could to excuse and embellish this error of his with apparent words. And because he was only concerned about the indulgence, we did not let him challenge it, because he did not speak or intend to act against our religion in any other way. In contrast, D. Mart. Luther proved quite a masterpiece by defending his opinion against the legate much more skillfully than the whales who were around the legate would have liked; which pleased Mr. Philipp von Feilitzsch and me beyond measure.

3 Afterwards the Cardinal demanded and requested, since he refused the disputation to Doctor Martin, who would have liked to see that it was done in favor of the truth, that M. Luther should recant the article concerning faith in the reception of the sacrament in his sermon. But Martin refused, freely admitting that his doctrine of this article was right, and founded and confirmed with testimonies of the Holy Scriptures; if he recanted it, he would not only be acting against his conscience, but also against the pope himself; as the extravagans, on which the cardinal stood, clearly and publicly show.

Finally, when the Cardinal insisted that he should make a retraction, V. Martinus asked him in full humility that he, the Cardinal, would send his answer in writing, together with his most submissive request and always ready will, to Pope Leo X. He also requested that His Holiness not be so strict and

1) In the German editions: "beilegte", but in Latin it is patrooinari.

hard judgment. For he would see and wish nothing better than that truth would retain victory and the upper hand. And if he were overcome by certain true causes and proofs that he had been mistaken, he would not be ashamed or afraid to recant his error in honor of the truth. But the Cardinal nevertheless persisted in his opinion.

There is no one else here who would dare to publicly dispute with D. Martino. The monks and other opponents of his, all of whom had written much against him during the Imperial Diet shortly before, are nowhere to be seen. So we took our leave of the Cardinal, and spent the same day in the evening with D. Staupitz and D. Martino. Mart. Luther held communion.

6 Subsequently, the same day, the Cardinal summoned D. Staupitz, to whom he said, among other things, that he was now well satisfied with D. Martin, and that he would also be heartily favorable to him. I cannot know what will follow. The Cardinal is trying hard to urge D. Martinum to recant. But so far he has not been able to persuade him to do so; he will never persuade him to do so; D. Martinus, as I have heard, will let everything that has been done with the Cardinal go out publicly in print. May God help the truth, amen.

Luther's written answer to the Cardinal, handed over during the third interrogation, in which he declares the extravagant teachings of Pope Clement VI to be the doctrine of man. Oct. 14, 1518.

This document is found in the Latin Wittenberg edition (1550), toru. I, toi. 209 d; in the Jena (1579), tom. I, toi. 1865; in the Erlanger, opp. vur. ars., tom. II, p. 372; in the Weimar one, vol. II, p. 9; in Löscher, Ref.-Acta, vol. II, p. 464; in Aurifaber, tom. I, toi. 87; in De Wette, vol. I, p. 149; in Adam Petri's D. Umtderü Iueu5rationuin pars unu. Lusi16U6 1520. IN6N86 äulio, p. 267 and in Erlanger Briefwechsel, vol. I, p. 249. German in the Wittenberger (1569), vol. IX, p. 40; in the Jenaer (1564), vol. I, p. 114; in the Altenburger, vol. I, p. 126 and in the Leipziger, vol. XVII, p. 188.

To the Most Reverend Father in Christ and Lord, Mr. Thomas, Cardinal of the title of St. Sixti, Legate of the Holy Apostolic See etc., Brother Martin Luther, Augustinian, wishes Heil.

Most Reverend in God Father and Lord! How even I do not refuse, but quite willingly

I have humbly wanted to protest in this epistle of mine, so that I may answer for what was held against me yesterday and indeed completely naked [unproven]. For two articles have been held against me by your Reverence.

2. first, the extravaganza of Pope Clement VI, which begins: Unigenitus etc., in which it is supposed that the treasure of indulgences should be the merit of our dear Lord Christ and the saints, which I deny in my theses, as it can be seen. I therefore answer this first article thus:

3. This extravagance was not unknown to me when I wrote my theses on indulgences, but after I was quite sure of it, and knew that this would be the opinion of the whole holy Christian church, that our dear Lord Christ's merit in the spirit may not be commanded to men, nor given through men and by men, nor be given through men and by men, as this extravaganza seemed to read, I wanted to leave it untouched and command other pious people to signify what annoyance, fear and repugnance I would have suffered to protect the Pope's dignity and authority.

For it occurred to me, and I was also moved, first of all, that the Pope's words in the same Extravagans were quite bare, and a weak remedy against a quarrelsome or heretical man. - Item, that one might say, it does not rhyme that a prince would speak without law; rather as Mal. 1) 2, 7. is written, one should not seek the words of men from the mouth of the priest, but God's law.

(5) I was also moved by the fact that the same extravagant forces the words of the Holy Scripture and misuses them for an alien purpose. For what is said of grace, by which man becomes righteous before God, it draws to indulgence. For this reason, I thought that the same extravagant would do more to show and remind people out of a good opinion to uphold indulgences, than to prove something with a consistent, solid proof.

1) In Latin: Laekariaiu.

This also challenged me, that it often happens, as is the case today, that the Decretals err and are contrary to Holy Scripture and Christian love. For although one must hear the Roman pope's Decretals as the voice of St. Peter, as is written Distinet. 19. in Decretis, but the same is understood, as said in the aforementioned place, only from the Decretals or Papal laws, which are not contrary to the Holy Scripture and the previous Popes' statutes.

I was also moved by the fact that St. Peter was punished by St. Paul because he did not walk according to the truth of the Gospel, Gal. 2:14. Therefore, it is no wonder that St. Peter's successor also erred from time to time. Nor is St. Peter's teaching accepted until it has been approved by St. James the Less, bishop of Jerusalem, and the whole church, Apost. 15,13. ff. Therefore, this rule also has its origin in the law, that a law is valid when it is confirmed by those who follow it and keep it.

8 Moreover, how many of the first decrees or papal statutes have been improved by subsequent ones! Accordingly, it could well come that these extravagans would also like to be improved with the time. Also, in the first book of the Decretals, in the title de Electione, in the chapter Significasti, Panormitauus shows that in a matter concerning the holy faith, not only a general coucilium, but also every Christian believer is above the pope, if he has better sayings, counsel and cause' for himself than the pope, as Pauli's example with Petro, Gal. 2, 14, shows.

9 This is also confirmed by this word of St. Paul 1 Cor. 14, 30, where he says: "If a revelation happens to another who is sitting there, then the first one is silent. Therefore St. Peter's voice is to be heard in this way, so that St. Paul's voice is freer, who punishes St. Peter. But the voice of our dear Lord Christ is far above the voice of all other men (let them be called what they will and who they will).

10 But this troubled me, and gave me the most trouble, that much-thought-of extravagans, as it looks at me, have some quite obviously false and unfounded pieces.

has in it: First, that it says that the saints' merit is a treasure, when the whole of Scripture testifies that God rewards more richly than we deserve, as St. Paul says in Romans 8:18: "I hold that the suffering of this present time is not worthy of the glory that is to be revealed in us."

Also, St. Augustine says in the first book Retractatiornum, chapter 19: "The whole Christian Church prays to the end of the world: Forgive us our trespasses. Therefore, its merits cannot overflow onto others, since they are not even sufficient for itself. For this reason, even the wise virgins would not give their oil to the foolish. Matth. 25,9.

12 Further, St. Augustine says in the 9th Book of Confession: "Woe to the life of man, however honorable and praiseworthy it may be, if a judgment should pass over it without mercy. Also the prophet Ps. 143,2. says: "Lord, do not enter into judgment with your servant, for before you no living person is righteous."

Accordingly, the saints are not blessed by their merits, but only by God's mercy, as I have more extensively indicated in the explanations or explanations of my sayings on indulgences.

14. Nor was I so sacrilegiously foolish that I should step aside from so many and so great quite clear public testimonies of the holy Scriptures because of a few decrees of a pope and man, which are also so ambiguous, dark and gloomy; but rather held quite properly that the words of holy Scripture, which indicate that the saints' merits are too few and too little, should be far preferred to human words, which say that the saints should have too much and spare merits; because the pope is not above but below God's word, according to the saying of St. Paul. Paul Gal. 1,8. f.: "If an angel from heaven would preach to you gospel other than you have received, let him be accursed." This also moved me in part, that said Extravagans says that such treasure is commanded to St. Peter, yet no indication of it is found either in the Gospel or in some Scripture.

15) Since I was almost displeased and saddened by this vexatious matter, as I have said, I resolved to keep myself calm.

I was forced to behave and listen to what others thought of it, because I saw that my theses are and remain true to this day. But now that I am forced to refrain from what I should have expected from others, but most of all from the pope, to whom alone it belongs to interpret and explain what he has decreed, I will nevertheless, by means of divine grace and my small intellect, for the protection of the pure and honest truth, submit to harmonize my theses or propositions on indulgences with the Extravagans, and to maintain them both in truth.

as if indulgences were nothing at all. For surely indulgences are nothing else than the remission of penance, that is, good works, such as almsgiving, fasting, praying etc. Therefore, it is certain that indulgences are a good that frees (donum privativam), since they allow that the deserved punishment is not suffered, or that men do not make an effort to do good works. Therefore, in the Extravagans, indulgences are necessarily taken quite improperly as a treasure, because in reality nothing is given, but it is permitted that nothing be done.

17 Secondly, there is no doubt that the pope has this treasure not as in a bag or box, but in the word, or the keys, or in his power. For in distributing this treasure, the pope does not open a box, but the will and the word, and so he gives it.

Thirdly, therefore it follows that the treasure of indulgences is the merit of our Lord Christ, not in Himself nor actually, but according to the effect and inauthentically. For the pope does not distribute the merit of our Lord Christ in himself, but from the merit of Christ, that is, through the keys which the Lord Christ has earned for his church to be given to her. For it is in the power of the keys that satisfaction is abated. So it is clear and evident that I have rightly said in the 60th thesis that the keys of the church, given by the merit of the Lord Christ, are this treasure. And according to this opinion, it is true that the Lord's

576 L.v. L. 11,375ff. Action between Cajetan and Luther. 2nd section, no. 203, W. XV,697-699. 577

Christ's merit is the treasure of indulgence; but that Christ's treasure and merit are not actually understood in Himself. And according to this opinion, the much-mentioned Extravagans agrees with my thesis.

19 Fourthly, that this is the opinion of Pabst in this extravagance, is proved by Pabst's own words, when he says: This treasure is commanded by the Lord Christ to St. Peter and his descendants. Now it is clear and certain that nothing is commanded to St. Peter, but these keys of the kingdom of heaven, which are the merit of Christ (that is, given by the merit of Christ), but in effect, not actually, as I have said; and the other treasure of the divine word, of which the Lord says to St. Peter, "Feed, feed, feed my sheep," John 21:17.

Fifth, it is certain that this understanding of the treasure of indulgences is unknown and unfamiliar to the common people who believe in Christ, as my 56th thesis states. For these words: treasure, merit of Christ etc., are generally only spoken in an inauthentic and obscure way, so that the simple people do not know nor understand what they mean. Therefore it believes and knows no other way, because it receives a certain, present good, as it were a gift or grace, while it receives nothing else than the office of the keys, by which it is released, that it is not sufficient for sin, and thus receives a good, which is of no use to it, nor is it improved by it, and for this reason is unreasonably called a treasure. And this treasure is inexhaustible and abundantly great and infinite. For the power of the keys is inexhaustible, which stands without means in the merit of our Lord Christ. But the indulgence follows indirectly from the merit of Christ. Therefore also the merit of Christ of the indulgence can be called treasure, but indirectly.

(21) Sixthly, likewise, I would also leave it to be said that the merit of the saints is this treasure, that is, that the merit of the saints, having been incorporated by the faith of Christ and having become one kitchen with him, are now the same, and do and work the very things that the merit of Christ does, according to the saying: The life of the righteous is not his, but the life of the Lord Christ, who is in him.

As St. Paul testifies in Gal. 2:20: "I live, yet now not I, but Christ liveth in me." For the merit of the saints, as of the saints, would be nothing, even damnable, as I said above, and as St. Augustine says: Where I am not, there I am most blessed. For Christ and the Church are two in one flesh.

22. seventhly, nevertheless it is certainly true that the merit of our Lord Christ is not really and without means the treasure of indulgences, so that it profits or gives something, as the simple common man understands it. For when it presents a present gift, it does so not as a treasure of indulgences, but as a treasure of the grace that makes alive. For thus the merit of Christ in himself is actually given, without means, without indulgences, even without the keys, by the Holy Spirit alone, never by the pope. For man becomes one spirit with Christ through love, and therefore partakers of all his goods. This is exactly what my 58th thesis says: It is also not the merits of Christ, for these work grace of the inner man, without the pope.

In short, it is evident that if this extravaganza is to retain its dignity, the merit of Christ must be understood in two ways. First, it is actually in Himself; therefore, it is a treasure of the spirit that gives life, and is actually distributed and given by the Holy Spirit alone, to whom He wills.

(24) Secondly, not actually, but according to the letter and according to the effect, so that the treasure is and is called just this, which the merit of Christ has wrought. And just as the Extravagans introduces the sacred Scripture inauthentically, so it also speaks of the treasure inauthentically, of the merit of Christ inauthentically, and takes everything inauthentically. Hence it is that it is so obscure, difficult, ambiguous, and gives great cause for cheap dispute. But I have actually spoken of the matter in my theses.

25 Whoever then has a better opinion, let him show it to me, and I will revoke this opinion of mine. For it is not my place to interpret or interpret the canons or laws of the popes, but to answer for my theses in such a way that they are not regarded as such.

as if they were contrary to the papal laws. I therefore humbly await whether the pope has a different opinion, so that I may be informed of it, in which case I am willing to accept it and to obey it.

But I want to have said all this in honor of the apostolic chair and the most reverend Lord Cardinal etc. For if I were allowed to speak my opinion freely and unhindered, then I wanted to prove, prove and maintain that this very Extravagans is actually, straightforwardly and publicly for me and my thesis, and against the most reverend Lord Cardinal's opinion. For the text speaks with clear, expressed words, that the Lord Christ has acquired this treasure of the church etc.

27 This word, "has acquired," clearly proves, and conclusively establishes, that the merit which the Lord Christ has acquired is something different from the treasure which the Lord has acquired. For the cause is something different from the effect, as the philosophers also say. Therefore my thesis stands unconquered, namely: That the merits of Christ are not the treasure of indulgences, but that the merits of Christ have acquired indulgences. Nevertheless, I submit this also to the knowledge of the Church, as above.

[Answer of D. Martin Luther to the other article, of faith.] 1)

(28) The other article, which the Cardinal held against me, Doctor Martin, is this: that in the explanation of my seventh thesis I said that no man can be justified before God except by faith alone; that is, that it is necessary for a man to believe with certainty that he will be justified, and not to doubt at all that he will obtain grace. For if he doubts, and is uncertain, he is not justified, but rejects grace and casts it away. This theology, they hold and say, is new and outrageous, and also erroneous.

To which I respond like this:

29) First of all, this is the truth, which is true, unconfirmed, and unchangeable, that no

1) This superscription is in the German Wittenberg and Jena editions.

Man is righteous, because he believes in God, as St. Paul Rom. 1, 17. proves from the prophet Habakkuk, Cap. 2, 4, where he says: "The righteous will live by faith. Therefore, he who does not believe is already judged and dead, John 3:18. Accordingly, the righteousness and life of the righteous is his faith. Therefore all the works of the believer are alive, and all the works of the unbeliever are dead, evil and damnable, according to this saying Matth. 7, 18. 19: "An evil tree cannot bring forth good fruit, but every tree that bringeth not forth good fruit is hewn down and cast into the fire.

(30) Secondly, faith is nothing else than believing what God promises or says, as Paul says in Romans 4:3: "Abraham believed God, and this was counted to him for righteousness" [Genesis 15:6]. Therefore, both word and faith belong together by necessity, so that it is impossible for faith to be without the word, as Isa. 55:11. is written: "The word that goes out of my mouth shall not return to me empty."

Thirdly, I must now prove that a man who wants to go to the reverend Sacrament must believe and not doubt that he will obtain God's grace, but must have a certain trust; otherwise he will receive the reverend Sacrament for judgment.

First of all, I prove it by this saying of the apostle, Hebr. 11, 6: "Whoever wants to come to God must believe that He is and will be a retributor to those who seek Him. From this it is evident that one should not doubt, but firmly believe that God is a retributor to those who seek Him. If one must believe that God is a retributor, then one must also believe above all that He makes us pious and righteous, and gives His grace as often as we desire it in temptation, without which retribution is not given.

Secondly, at the risk of eternal damnation and the sin of unbelief, one must believe these words of Christ: "All that thou shalt loose on earth shall be loosed in heaven" [Matth. 16, 19. 18, 18.]. Therefore, if you go to the Sacrament of Penance and do not firmly believe that you have been delivered from

580 R.v.a.n,378ss. Action between Cajetan and Luther. 2nd section, no. 203, W. XV, 7V2-7V5. 581

If you are absolved of your sins in heaven, you will go to judgment and condemnation. For thou believest not that Christ the Lord speaketh the truth, saying, "All things thou shalt loose on earth," etc., and thus by thine unbelief and doubting makest Christ a liar, which is a grievous sin.

34. But sayest thou, How shall I keep myself, if I feel unworthy and unskilful for the Sacrament? To this I answer as above: By no preparation or work dost thou become skillful or worthy of the reverend Sacrament, but by faith alone. For faith alone, adhering to the word of our Lord Christ, makes one righteous, living, worthy, and skillful; without this faith, everything else that you undertake leads either to presumption or to despair. For the righteous will not live by his willingness, but by his faith.

35 Therefore, do not be concerned about your unworthiness. For this very reason you are going to the holy sacrament, that you, being unworthy, may be made worthy and righteous by the Lord, who seeks to make sinners, not the righteous, blessed. But if you give faith to the word of our Lord Christ, you honor the word of the Lord Christ; and by this work you are justified, alive, worthy etc.

Thirdly, the Lord Christ has praised this faith to us many times in the Holy Gospel.

37) First, when he speaks to the Canaanite woman, Matth. 15, 28: "O woman, your faith is great; be it done to you as you wish. Here it is clear and evident that this is not about the common faith, but about the special faith, which was directed to help the daughter, who was afflicted by the devil, as the mother asked, and believed with all confidence that Christ, the Lord, would and could do this; therefore she obtained what she asked for. But she would not have obtained such things if she had not believed so. That is why Christ showed her such grace and benefit; not because of her preparation, but only because of her faith she became worthy.

38. secondly, the Lord praises Christ.

this faith when he said to the two blind men [Matth. 9, 28. 29.]: "Do you believe that I can do these things to you? Then said they unto him, Lord, yea. Then touched he their eyes, and said, Be it done unto you according to your faith." Behold, they were sure that what they had asked would come to them, and it came to pass without any previous preparation. But if they had doubted, they would not have asked rightly, nor would they have obtained such benefits.

39 Thirdly. The centurion says to the Lord Christ [Matth. 8,8]: "Speak only one word, and my servant will be healed. He does not believe in general, but he believes that if the Lord speaks only one word, his servant will be healed. And as he believes, so it happens to him.

40 Fourth. John says, Cap. 4, 50: "The king believed the word that Jesus said to him," namely, "Go, your son lives." And by this faith he purchased life for his son. Thus, every person who wants to come to God and ask for something must believe that he will obtain what he desires and seeks, or he will obtain nothing.

41. fifth, saith the Lord Marc. 11:24: "Verily I say unto you, Whatsoever ye shall ask in your prayers, believe that ye shall receive it, and it shall be done unto you."

42) Behold, he says: "everything", nothing excluded, "what you ask". Now it is obvious that in every sacrament we ask for something (for no one goes to the sacrament who does not ask for grace and forgiveness of sins). That is why one should hear Christ here, when he says: "Only believe that you will receive it, and it will be yours." Otherwise everything in the holy Christian church would be dilapidated, and nothing certain nor permanent; that is very bad.

43. sixth, saith the Lord, If ye have faith as a grain of mustard seed, and say unto this mountain, Remove thyself thither; and if ye doubt in your hearts, verily I say unto you, It shall be done [Matt. 17:20].

44 And if you go through the whole Gospel, you will find many more examples, in all of which, especially not the common one.

but special faith, which seeks counsel and help from Christ the Lord in the present distress. Therefore, a certain faith is necessary for him who is to be absolved from his sins, because the sacraments of the New Testament were instituted for the practice and constant use of our faith, as Magister Sententiarum testifies.

45. seventh. Therefore the Lord often punished the disciples, Peter and others [Matth. 8, 26], because they had a small, weak faith. He does not speak of the common faith, as they say, but of the special faith, which each one should show in present danger and need, as is evident.

46. eighth, Jac. 1:5 ff. it is written: "If any of you lacks wisdom, let him ask of God, who gives to everyone simply, and if no one asks for it, it will be given to him. But let him ask in faith, and doubt not. For he that doubts is like a wave of the sea driven and wafted by the wind. Such a man only thinketh not that he shall receive anything of the Lord." This is a clear saying, which also urges me to this opinion, namely, that no one can receive grace or wisdom who doubts whether he will receive it. I also do not see what one can answer against this.

47. ninth, the most holy Virgin, God's mother, Mary, would never have conceived God's Son if she had not believed the angel's message that it would thus come to pass. Therefore she said, "Be it done to me as you have said." [Luc. 1, 38.] Therefore Elizabeth also praised her faith and said: "Blessed are you who have believed, for what the Lord has said to you will be fulfilled" [Luc. 1, 45].

48: About this faith of the blessed virgin, St. Bernard and the whole Christian church is astonished, as she herself sang and proclaimed in her hymn: "From now on, all children will call me blessed", Luc. 1, 48]. 1)

1) What we have enclosed here in brackets is an explanatory addition by the old translator.

49 So Anna, Samuel's mother, believing the word of Eli the priest, went her way, and saw no sorrow as before [1 Sam. 1:18]. But because the children of Israel did not believe the word by which God promised them the land of Canaan, they were killed in the wilderness by the destroyer.

50 In short, what we read of glorious, great deeds in the Old and New Testaments, we read that they were done by faith, not by works, nor by common faith, but by special faith, which was directed to the present miraculous work, or what they practiced, obtained or suffered by faith. Therefore, nothing is so highly praised in the Scriptures as faith, especially Abraham's faith, Rom. 4:3, which was directed toward the birth of Isaac, his son; nevertheless, such faith was counted as righteousness to him.

(51) This is what happens to us in the holy sacraments: if we believe, we obtain; if we do not believe, we go to the sacrament and to judgment.

52 The tenth. St. Augustine, in his interpretation of the Gospel of John, says: "When the word comes to the element, it becomes a sacrament; not because it happens, but because it is believed. Behold, baptism cleanses from sins; not because one is baptized, but because he believes that baptism washes and cleanses him from sins. Hence also the Lord said to Mary [Luc. 7:50.], when he absolved her, "Thy faith hath saved thee; go in peace." Hence flows the common saying: The sacrament of faith does not make a man righteous, but the faith of the sacrament, without which it is impossible for the conscience to have peace, as Rom. 5:1. is written: "Now that we have been justified by faith, we have peace with God."

In the eleventh place, St. Bernard says in the first sermon on the Gospel of Annunciation: "First of all, you must believe that you cannot have forgiveness of sin except through the mercy of God. But above all this, do thou also believe that thy sins are forgiven thee by God.

584 L.v.a.ii,382f. plot between Cajetan u. Luther. 2. sect., no. 203 f. W. xv, 707-710. 585

will be given. This is the testimony that the Holy Spirit bears in your heart, saying, "Your sins are forgiven. This is what St. Paul means when he says [Rom. 3:28], "We hold that a man is justified without the work of the law, through faith alone." All this is said by St. Bernard.

(54) These and many other such clear and loud sayings of the holy Scriptures force, urge, saw and lead me to this opinion, of which I have said.

55. Therefore, most reverend in God the Father, because Your Reverence is gifted by divine pardon with glorious, beautiful, great gifts, especially with a high intellect, I humbly ask that Your Reverence's fatherly love graciously deal with me, have compassion on my conscience, and show me the true light by which I can understand this differently than before; and not force me to revoke that which, even according to the testimony of my conscience, I cannot hold otherwise than that it is such that I must necessarily hold to it. And since these scriptural passages are certain, I cannot do otherwise, and know [Apost. 5, 29.] that one must obey God more than men.

Therefore, may Your Reverend Fatherly Love ask our most holy Lord, Pope Leo X, for me, that he not be moved with such severe disfavor and unkindness toward me, that he cast my soul into darkness, which seeks nothing but the light of truth, and is quite willing and ready to yield, to change, and to revoke everything, if it is instructed that the sayings are to be understood differently.

Nor am I so presumptuous or so eager for vain honors that I would be ashamed to recant what I have taught unjustly; indeed, it should be my greatest joy that truth prevails and prevails. But that I am not urged to do anything against the conviction of my conscience. For I believe, and hold it beyond all doubt, that this is the opinion of the holy Scriptures. May the Lord Jesus reign and uphold your reverend fatherly love forever, amen.

Luther's report on how the Cardinal behaved during and after the delivery of this written declaration.

This writing follows in the immediately preceding number, but it is found (with the exception of Walch) only in the Latin editions, namely in the Wittenberg (1550), tom. I, tol. 212; in the Jena one (1579), tom. I, toi. 189 d; in the Erlanger, opx. var. ur^., tom. II, p. 383; in the Weimar one, vol. II, p. 16, in Adam Petri's D. N. I^uttierli Meudrutionum xurs unu. Lusiloue 1520. ra6U86 3ulio, p. 272 and in Aurifaber, vol. I, p. 95.

Translated into German.

When I handed this over the next day, he first scorned it and said that it was empty words, but that he wanted to send it to Nom. Then, in Judea, he insisted on the recantation and threatened with the ban he had been ordered to impose, and if I did not recant, I should go and not come before him again.

(2) When I had heard this, and had seen that he persisted in his mind, and would not hear the scripture, and I had also strengthened my resolution not to recant, I departed without hope of coming again. For although he said, and still boasts, that he would deal with me fatherly and not as a judge, I could not feel such fatherliness other than that it was stricter than all judgment, in that it only demanded that I recant against conscience, and would not, or rather could not, even show me error and convict me of it. For when he had seen that I rejected the little fiefs of the scholastic conceited masters, he promised that he would act against me with the Holy Scripture and the Canons, but how he understood this, I again do not know. For he has never brought up a syllable from the Holy Scriptures against me, and could not do so to this day, even if he wanted to, since it is unanimously admitted by all that there is nothing about indulgences in the Holy Scriptures, which rather only praise faith, and think as little of indulgences as they are full of the doctrine of faith, so that it is impossible that he could refute one or the other of those two articles from them.

But when I drew scriptural passages for myself, the man, acting in a fatherly manner, began to invent glosses for me from his own head. And he who was so attentive to the extravagant against me, nevertheless acted as if he knew nothing of the Canon, by which the church forbids: no one should explain the Scriptures from his own head, and one should, as Hilarius says, not bring the mind into the Scriptures, but out of them. Nevertheless, I did not resent his violence to Scripture, because I know that he appropriated this way of interpreting from the long habit of the Roman court and the use of the scholastic differentiators. For it has long been believed that whatever the Roman Church says, condemns, and wants, all others must soon say, condemn, and want, and no other reason need be given for it than that the apostolic see and the Roman Church hold so. Therefore, because the holy Scriptures have been abandoned and the words and statutes of men have been accepted, it has happened that the church of Christ is not fed with her charge [Luc. 12, 42.] nor with the word of Christ, but is not infrequently governed according to your will and the iniquity of a wholly unlearned flatterer, and it has come so far with our unhappy condition that we are beginning to be forced to recant and deny the Christian faith and the most holy Scriptures.

4 Furthermore, if this is how it is to be with the retraction, then I do not see what else can come of it than that I retract the first retraction with another following one without end. For if I were to turn his own word against himself, perhaps intentionally, he would soon invent another idol of his heart for me (for Thomistic theology is immensely fertile in distinctions and a real proteus), which I would have to obey with a new retraction. For since he does not wander on the solid rock but on the sand of his thoughts, I would have nothing to do all the time but to always recant.

5 When I had received the order not to come before him again, I nevertheless

remained on the spot for the rest of the day. Then he had my venerable and dear father, the vicar Johann Staupitz, come to him and, as it is said, with many words dealt with him that he should try to bring me to a voluntary recantation. I remained there the following day and was told nothing. The third day, namely Sunday [October 17], I also stayed and wrote, but nothing was answered. The fourth day I also stayed, and nothing happened. After I had endured the same silence also the fifth day, I finally, on the advice of good friends, especially since he had previously boasted that he had orders to have me and the vicarius thrown into the dungeon, after I had finished the appeal, which I wanted to have filed, left there, claiming that I had already shown my obedience with sufficient danger.

Luther's report to Spalatin on how poorly the Cardinal Cajetan was versed in the Scriptures and otherwise, and on the poor scholarship of the papists in general.

See Appendix, No. 18, § 2.

The first part of the book is a short description of the first part of the book.

From Myconius tust, rek., p. 31.

When Martinus came to Augsburg to the Cardinal, he sat down in his majesty; and because he was a very trustworthy man, he boasted as if he himself were the pope. And before he performed the action with Luther, he said: Orator, huick äoeuisti? Lutherus answered: IntorroM 608, Hiii M6 auckiorunt, 1ü 8oiuut, yuiä äoeuorim 6Zo. It was equally ridiculous that Jesus and Pilate came together again; and Annas came forth again with his question: What do you teach? After that, the Cardinal presented Luther with three pieces that he should do in short:

1. He should come to his senses again, convert and recant his errors.

2. should agree to beware of the same errors.

588 L.v. a. II, M3. Action between Cajetan and Luther. 2.Sect., No. 206 ff. W. XV, 712-714. 589

3. refrain from doing anything that might disturb the holy church.

Luther replied that he knew himself to be neither guilty of error nor of disturbing the church; but if he were to be referred to it, he would gladly recant. The Cardinal brought forth two pieces from Luther's propositions, namely, that he had written that the passion of Christ was not the treasure from which the preachers of indulgences had to sell the forgiveness of sins; item, that faith should be necessary for the reception of the reverend sacrament. But since Luther proved these two articles orally and in writing from divine holy scripture, the arrogant legate would not be satisfied, but Luther should recant. But when Luther did not want to recant the public truth and deny Christ, he [Luther] finally went so far that he kept silent and did not want to write further, when the pope and the legate also kept silent to those who wrote and shouted against him. 1) But the legate would not; Luther and Christ were to be silent, those were to have power to blaspheme to their liking. I have often heard from Luther that our Lord God did not let him sink any lower, because he had gone through so much. Afterwards, Cardinal Campegius at Augsburg miserably complained to Philip Melanchthon that Cajetanus had acted very unwise and evil, that he had at one time denied Luther this condition.

Luther finally offered to send the Cardinal all his reasons in writing, and to suffer the verdict of the three high schools: Basel, Fribourg and Louvain. However, he was unable to obtain anything; instead, he was told badly: rovoea, rovoou.

I. How the Cardinal had Staupitz deal with Luther.

Luther's report of this to Spalatin.

See Appendix, No. 17, U 8. 9.

Myconius reported what strange words had escaped the Cardinal when Staupitz demanded an audience for Luther.

From Myconius trist, rob, p. 33. Cf. Löscher, Ref.Acta, vol. II, p. 477.

The Cardinal Doctor Staupitz also admonished him that he should, as a supreme general

1) "laid in" - imposed.

K. How Luther asked the Cardinal for clearance, but was unable to obtain it, was not allowed to proceed, and took leave of him in writing.

D. Martin Luther's first letter to the Cardinal before his departure, in which he offers to remain silent if only his "opponents" would also remain silent; however, he could not recant without the recognition of the Church.

The 17th of October 1518.

This letter is found in Latin in the Wittenberg edition (1550), toni. I, col. 2156; in the Jena (1579), tom. I, toi. 192; in the Erlanger, opp. var. urK., toill. II, p. 393; in Aurifaber, vol. I, p. 96b; in Adam Petri's M. Imtborii iueubrationuin pars una. Basiloae 1520, inonseluiio, p.280; in Löscher's Ref.-Acta,vol.II, p.479; in De Wette, vol. I, p. 161 and in Erlanger Briefwechsel, vol. I, p. 263. German in the Wittenberg (1569), vol. IX, p.44.b; in the Jenaer (1564), vol.I, p. 121; in the Altenburger, vol. I, p. 136 and in the Leipziger, vol.XVII, p. 198. - Löscherberichtet 1.e.: "Luthersandteam 17.October,which was the 20th Sunday after Trinitatis, the prior of Pomezau or Pomesan to the Cardinal, and let ask for gracious dispatch, also at the same time hand in the following letter." This will be based on Spalatin's report, Wittenb. Ausg., Bd. IX, Bl.38b and Jenaer, Bd. I, Bl. 112. Both write: "Pomesaw".

To the most reverend in God Father and Lord, Thomas, Cardinal Priest of the title St. Sixti, of the Holy Apostolic See Legate de Latere throughout Germany etc., his Lord to be feared and highly revered in Christ, salvation and all subservience.

Most Reverend in God the Father. I come again, not in person, but by writing; may your reverend fatherly kindness graciously hear me.

2. the venerable, my most beloved

Father in Christ, our Vicarius, D. Johannes Staupitz, acted with me to humble myself, to drop my own delusion, and to submit my opinion to the knowledge and judgment of pious and unsuspicious people, has also praised and commended your reverend fatherly love so much, and has completely persuaded me to this end, that I am now of the strong confidence that your fatherly love means me with all faithfulness. This new tale and the announcer have pleased me very much and highly; for this man has the reputation and faith with me that I know of no one in the world whom I could obey and follow better and more surely than him.

3 Similarly, my dearest brother, Magister Wenceslaus Link, who was educated in the same doctrine and studies with me from his youth and has grown up with me, has done the same to me from your fatherly love.

In short, your venerable, fatherly love could not have moved me more strongly or more kindly than through these two mediators, each of whom has me completely in his hand and power; I want to keep silent about your reverence's great kindness and high understanding, through which, as I see, your fatherly love does not seek what is mine, but myself, which could have shown itself differently toward me, where it wanted to, namely, with pure violence. For this reason, my fear is gradually diminishing and has already been transformed into a special love and true filial reverence for your reverend fatherly kindness.

Now, most reverend Father in Christ, I confess, as I also confessed before, that I have certainly shown myself too immodest (indiscretum, as they say), violent and too little reverence towards the name of the supreme bishop. And although I have been very violently provoked to this lack of reverence, I now realize that it would have suited me well if I had done my thing more humbly, more gently, and with greater reverence than has happened, and not thus

1) From this passage it has been concluded that Link was Luther's classmate at Magdeburg, but this conclusion lacks any justification. See Köstlin, Wart. Luther (3), Vol. I, p. 777 a6 p. 35, note 3.

If I had answered the fool according to his foolishness, I would have been like him. Prov. 26:4.

I am now quite sorry for this and ask for mercy; I will also denounce this to the people from time to time in all the pulpits, as I have already done many times. I will also henceforth, with God's help, endeavor to improve myself and speak differently. Yes, I am ready in all things, without needing to say, that I will not remember this trade of indulgences with a word from now on, and when this matter is settled, I will go to rest, only that those who have moved me to start this game, and have given great cause for it, will also be set a hurried measure in speaking, or silence will be imposed.

7 Furthermore, most reverend in God, and now also most beloved father, as far as the truth of my teaching is concerned, I would gladly recant everything at your reverence's and my vicarius' command and advice, if my conscience would allow it in any way. For I know that I should not so much concede to any man's command, counsel or favor that I should speak or do anything against my conscience.

(8) Also, what St. Thomas and other teachers say does not have so much standing that it would be enough for me in this question, because I have thoughtfully disputed their opinion, having read them diligently and thought them through. For methinks they do not stand on sufficiently firm ground. But this counsel alone remains, that I may be overcome by a better cause, which is. (If I were otherwise worthy), that I might hear the voice of the bride (the Christian church) concerning it. For it is certain that she hears the voice of the bridegroom (Christ).

9 I therefore ask in all humility and submission that your reverend, fatherly love may let this uncertain deal reach our most holy Lord Leo X, so that it may be recognized by the Church and decided, either to be revoked with a clear conscience, or to be believed with earnestness. For I desire nothing else than that I may hear the judgment of the Church, obey it and follow it. Nor do I know what use my recantation would be in an uncertain and unknowable matter, for I am concerned that it might seem fair to me-

592 L.v.k.n,3öSf. plot between Cajetan u. Luther. 2. sect., no. 209 f. W. XV, 717-719. 593

I would not know myself what I would consider certain and right, or what I would recant.

May your reverend fatherly love accept and understand this petition of mine, written out of true humility and submission, and let me be graciously commanded as a son. [Given on the evening of St. Lucia (Oct. 17), Anno 1518. 1)

Your most reverend fatherly love subservient son,

Br. Martin Luther, Augustinian.

21V. D. Mart. Luther's other letter, in which he takes leave and remembers his appeal.

The 18th of October 1518.

This letter follows immediately in all the issues listed in the previous number.

To the most reverend in God Father and Lord, Thomas, Cardinal Priest of the title St. Sixti, of the Holy Apostolic See Legate de Latere throughout Germany etc., his Lord to be feared and highly revered in Christ, Brother Martin Luther wishes salvation and surrenders himself to him.

Most reverend in God, Father! Your fatherly kindness has seen, yes, I say, and sufficiently recognized my obedience, that I have come here on such a distant journey, in such great danger, in addition so weak in body, and indeed poor in food, and have appeared before your reverend personally by order of our most holy Lord Leo X. I am very grateful to him for this. Moreover, as I have thrown myself, together with the printed booklet of the explanation of my sayings on indulgences, and all that I have, at the feet of His Holiness, and now expect and will accept what His Holiness deems good, she will condemn my cause, or will pronounce it right. And I am fully aware that I have omitted nothing that is due to a submissive and obedient son of the Church.

2 I therefore do not intend to spend any more time here in vain, just as I do not intend to spend any more time here in vain.

1) This date was added by Aurifaber. There is no doubt that it is correct.

can. For I lack sustenance; also I have been more than too much of a burden to the dear fathers, the Carmelites, 2) and still am, especially because your fatherly love commanded me with a living voice: where I did not want to recant, I should no longer come under the eyes of your reverence; but what and how much I could recant, I have indicated in the previous writing.

For this reason, I am leaving in God's name, and I will see that I get to another place where I can stay. And although I have been advised, even by those who could move greater people than I am, that I should appeal from your most reverend paternal goodness, yes, from our most holy Lord, Leo X, who is badly reported, until he is better reported (for I know that by appealing I would be doing our most Serene Elector a greater favor than by recanting), I would not have appealed, as much as I could have. First of all, because I do not consider it necessary to appeal and to bring this matter before a judge, because I have (as I said) placed everything in the judgment of the church and expect nothing but its pronouncement. For what more do I have to do, or what more can I do? Nor is it necessary that I be accused or allowed to answer, because I do not cling to my words, but to what the church will recognize, nor do I want to argue as an opponent, but rather as a disciple.

4. secondly, that I am almost convinced that this trade is annoying to your reverend paternal kindness, and that my appeal is very pleasant.

Therefore, as I am not guilty of anything, I do not have to fear the punishment. However, praise God, I am so sensible that I fear the punishment much less than error and false delusion in faith, because I know that the punishment does not harm me, even benefits me, if right faith and understanding of the truth are with me.

(6) Therefore, by the cordial mercy of Christ, and by the great kindness shown to me by Your Reverence, I ask Your Reverence for the blessing of the Holy Spirit.

2) Luther lived in the Carmelite monastery because there was no Augustinian monastery in Augsburg.

May this obedience of mine, which I have hitherto rendered and fulfilled, be graciously recognized and graciously reported to our most holy Lord, Pope Leo X, for my benefit, and may my departure and appeal, which I have made on account of my need and good friends' advice and great reputation, be interpreted for the best. For this your word and cause I have not been able to overcome: What do you want to revoke? Wilt thou, by thy recantation, make us a law of faith? Let the church first condemn, if anything is to be condemned, and follow thou their judgment, and let them not follow thy judgment; and so I must give way overcome, and justify them. Your fatherly kindness, which I esteem highly and worthily, is well in Christ. From the Carmelite monastery at Augsburg, on the day of St. Luke the Evangelist [Oct. 18], 1518.

Your most reverend paternal son, Brother Mart. Luther, Augustinian.

L. Of Luther's Departure from Augsburg and Appeal Left Behind.

211 Myconius' report of how Luther, having heard that Cajetanus had let himself be told of his imprisonment

Augsburg away.

From Myconius bist, ret., p. 33.

When the Cardinal no longer wanted to let Luther before him, he badly proposed the revocation, and let himself be heard that he had orders that he should take both Staupitzen and Luther in prison and send them to Rome: when Martinus noticed that they wanted to go with him in the usual Cardinal manner, by force and not by right, he made a public appeal, and they both parted from each other.

Luther's appeal left behind on his departure from Augsburg, commonly called the first, from the proceedings of Cardinal Cajetan, to Pope Leo X. Dated October 16, 1518.

This act of appeal was notarized on October 16 and received on October 22 by posting the document executed about it to the cathedral.

Bl. cf d. From this it is printed in the Basel collection of March 1520, Bl. Xx 45 and after it in D. M. Imiiierii lueuprutionum purs unu. Lusileno uxuä ketri M. D. XX. Äense 3ulio, x. 282. The latter edition is followed by the Latin Wittenberg edition (1550), toin. I, col. 217; Jenaer (1579), tom. I, fol. 193p; Löscher, Ref.-Acta, vol. II, p.484. According to the Frobenius edition, it is found in the Erlanger, oxx. vnr. ur^., torn. II, p. 397 and in the Weimar edition, vol. II, p. 27. - According to the Eisleben part I, sheet A 26, "Doctor Aurbach in Leipzig" helped to form the appeal; but according to Köstlin, Martin Luther (3), vol. I, p. 229, Luther had worked it out with the help of D. Auer in Augsburg; the notary gave it the solenne form and provided it with his seal. - We have made a new translation according to the Weimar edition.

Newly translated from the Latin. .

1. in the name of the Lord, amen. In the year following the same birth, 1518, of the Roman numeral 6, on a Saturday, which was the 16th of the month of October, of the Pabbacy of our most holy in Christ Father and Lord, Lord Leo, by the divine providence of the tenth Pabbacy of that name, in the 6th year, in the presence of myself, a public notary, and of other witnesses who were specially called and requested for this purpose. In the presence of myself, a public notary, and other signed witnesses, who were especially called and requested to do so, the venerable father and lord, Martinus Luther, of the Augustinian order, professor of the Holy Scriptures, and in the school at Wittenberg, which belongs to the diocese of Brandenburg, the most distinguished lecturer, has appeared in his own person, who has and holds in his hands, especially for himself, a slip of paper of an appeal and appointment, according to the sound and content of which, as he himself said, he wants to appeal from a commission which, as he affirmed, had not been well instructed by the aforementioned our most holy father, the pope, and was appointed at the request of the fiscal procurator of the same pope, and from the alleged judges and citations, and everything and anything that has resulted or may result therefrom, also from any complaint; as he then publicly presented such a note, and immediately, as its contents state, invoked and appealed to the above-mentioned most holy our Lord Pope and to the same apostolic see, and asked Apostles' Letters 1) to submit and protest, all and everything, to the apostolic see.

1) The term apostolos is a legal one and means in the Pandects: Report; here it is as much as a letter in which permission is given to bring the matter before a higher authority.

596 L. V. L. II,398f. Action between Cajetan and Luther. 2nd section, no. 212, W. XV, 721-723. 597

each done as is written in this note, which note, Appeal and Appellate Content follows from word to word and reads thus:

2. Since the legal remedy of appeal, for the comfort and protection of the oppressed, has been rightly decreed, all rights also yield and allow that one may appeal not only from the grievances and violence that have already occurred, but also from those that are yet to occur and will be tolerated: Therefore I, Brother Martinus Luther, Augustinian, professor of the Holy Scriptures, and in the University of Wittenberg, which belongs to the diocese of Brandenburg, ordinary and most distinguished Lector, say especially before you, a public notary, as before a public and credible person, and these here present witnesses, of the will and nobility to appeal and apostle to ask and take, and bring forward:

(3) Because in the matter of indulgences there are various and uncertain opinions among teachers, both among canonists and theologians, even in these matters the holy church has nothing certain and definite to this day, except what can be seen from C. quod autem unb C. cum ex eo, and from several others, that indulgences are the remission of a penitential pardon imposed on someone by his judge. 1) But pardon can be nothing else than these very best works, prayer, fasting, almsgiving, as this is the unanimous opinion of all theologians and the whole church. And from the C. Abusionibus, in the gloss on the word mendaciter, it is clear and public that through indulgences souls are not pulled out of purgatory, because the same are reserved for God's judgments. In addition, it is uncertain, and not yet decided by the Church, what the manner of salvation is, and how far it applies, by which indulgences are given to the deceased; especially since not only punishment but also guilt is forgiven in purgatory, as is said in Distinet. XXV Qualis. It is certain, however, that all guilt is forgiven by God alone, by means of a

1) Here, Luther has lost the construction he started; the missing epilogue follows in the sense of § 5 (Weim. Ausg.).

The first step is to forgive the pouring out of grace, which cannot be poured out through indulgences.

(4) According to this, in things that are doubtful and subject to conjecture, it is not only free to dispute, and it is permissible for one wise man to contradict another (but especially in things that are not commanded, nor advised, nor necessary for salvation), but it is also dangerous to persistently assert one fully contradictory part, and forbidden by the Holy Spirit, in the words of 1 John 4:1: "Test the spirits whether they are of God," and of Paul [1 Thessalonians 21:21]: "Test everything and keep what is good. 4, 1. it is said: "Test the spirits, whether they are of God", and in Paul [1 Thess. 5, 21.]: "Test everything, and keep what is good", so that also the church, by government of the same Spirit, in the Cle. C. Abusionibus, that the preachers of indulgences should not be allowed to present to the people anything other than what is contained in their letters.

5. I have relied on these rights, yes, on these commandments, and have begun to dispute on this subject, moved by the intemperate shouting and too immodest proclamation, so that some spread the indulgences in our countries, as apostolic (as they said) commissaries and indulgence merchants, so that even under the pretext of indulgences they took outrageous and annoying measures of avarice, to the great scorn and derision of the Roman Church, to the contempt of the keys of the Church, and to no small harm and detriment of the reverence due to the apostolic see. Then, for the seduction of the people, they have brought up new doctrines, so that they have taken the liberty of teaching with quite incomprehensible words and of scattering booklets among the people that indulgences are always indulgences, that man obtains God's grace, which makes him righteous, by selling the inestimable gift as grace, and other things, which their booklet now and then indicates, which is called Instructio summaria 2), and is full of quite inconsistent and false sentences, to their own and those who are the authors of them, shame and disgrace.

6. 7. And although I do not know about faith, not about good morals, not about God's or

2) In this volume No. 72.

I did not dispute about the commandments of the church, but about indulgences (as I said before), which are neither commanded, nor advised, nor meritorious, so that without them the church of Christ would nevertheless be well off, and perhaps it would be better for her, and through more merits, which are abated by indulgences, the faithful would be saved; Indeed, even the scholastic doctors expressly say that it is better that one should suffice by himself than that he should redeem indulgences, I have thereupon so disputed that I have subjected this whole disputation not only to the church, but also to the judgment of every one who has a better opinion, who has a better opinion, but above all to the Most Holy in Christ, our Father and Lord, Mr. Leo the Tenth, the present pope, as can be clearly seen from my letter which precedes my explanations [of the theses on indulgences]. And I have acted on doubtful, free, uncertain, not yet decided, and for the sake of blessedness not necessary matters of dispute, so that there can be no just cause and occasion to cite me or to drag me before the court, and rightly I should also be free and safe from all complaints of spiteful and evil people, since all those who dispute about important, necessary and divine matters are also safe.

8.9 Nevertheless, there are some mammon servants and restless miserly men who do not give pasture to Christ's sheep, but seek only milk and wool from them, and fear that on the occasion of this disputation the faithful of Christ will become aware of their deceitfulness, which seeks only profit and avarice, and thus their profit, as is right, will be completely destroyed, like a fire burned with thorns. And since they preached about indulgences not only immodestly, but also fraudulently, even to the deception and harm of souls, completely deviating from the opinion of the pope and from the holy decrees of the fathers, they have also added this evil, that with unworthy and lying boasts, in order to adorn their avarice and godless tyranny with it, they have asked me from the most holy pope, our lord, Mr. Leo the Tenth 2c, and by the excellent Lord Marins of Perusco, 1) sei-

1) In Luther, probably due to a reading error, there is always de Perusiis instead of: de kkruscns (Weim. Ausg.).

The aforementioned Lord Marius, on their impetuous persistence against me, as one suspected of heresy, and who would have acted to the dishonor, contempt, diminishment, and dishonor of the keys of the Church, ordered the most venerable fathers in Christ, Jerome of Ghinucci, bishop of Ascoli, auditor of the Chamber etc.., and Silvester Prierias, Order of Preachers, Magister of the Apostolic Palace, ordered the thing, yes, rather they extorted it through him.

10) These judges and auditors, 2) although they are suspicious of me (yet always without prejudice to their honor), because the venerable father Silvester has elsewhere sufficiently shown his bitter attitude against me, in the dialogue, 3) which he has published against my theses, in which he has followed his opinion more than justly, and has judged and condemned me as a heretic, a nonsensical man, and with many other opprobrious names. Then it is presumed with probability that he shows more favor to his brothers, 4) whom this matter primarily concerns, than to the cause, so that through him the adversaries themselves would become judges in their own cause. Also, the Thomists, although they do not agree among themselves against me, have often been found to be such people who, for the sake of their opinions, have subjected themselves to greater and different things than anyone's merit would have required and the equity of the law would have permitted. Finally, since this venerable father alone is instructed and instructed in scholastic theology, and is very little practiced in the holy Scriptures, as can be seen from his various writings, and this matter requires judges who are very well versed in the holy Scriptures and the church fathers, it cannot be assumed that he can even judge rightly in this matter. But the venerable father in Christ, Mr. Jerome, bishop etc., is rightly feared: he would like to give his other colleague

2) Only where we let § 11 begin, this subject is resumed.

3) Walch, St. Louis Edition, vol. XVIII, 310.

4) the Dominicans, who were engaged in the trade of indulgences.

600 ".v.".ii,4oiss. Action between Cajetan and Luther. Section 2, No. 212. w. xv, 726-728. 601

(I want to have said this in peace and reverence and without any insult), and easily leave the judgment to the father Silvester for the sake of his theological profession, although he would be skilled enough in other civil matters and the like. But since it is sufficiently clear that this, as far as faith and heresy are concerned (as the adversaries say), lies outside the scope of his profession, both are therefore extremely suspicious to me.

11 [These judges, I say,] have had me cited and summoned to appear personally in Rome, in a place that is only the most suspicious and not safe, since it is known to all how much and against how many have been raged who entrusted themselves to Rome, even against those who had safe conduct, and it is clearer than the bright noon that even the best pope, our most holy Lord Leo X., and many other reverend lords Cardinals have often been in danger of death 1) and they do not live there safely, so that one could almost say of Rome according to Isaiah [Cap. 1, 21.]: "Justice dwelt within, but now murderers."

12 And even if everything would be safe and without danger in Nom, such a long journey is quite impossible for my weak body, also so many dangers on the way and especially the persecution of all adversaries, which are so great and so many that the great and princes, both spiritual and secular, have advised me and announced for certain that I should by no means go outside the walls of Wittenberg, because they would know for certain that I would be pursued either with sword or with poison. And since I belong to a mendicant order, have nothing of my own, and live under the obedience of another, I would certainly be sufficiently prevented from appearing by this poverty alone.

(13) Since I cannot go to Rome because of such a legitimate fear, which can befall even a steadfast man, and prevented by these entirely legitimate causes.

1) In January of the previous year, an assassination attempt had been discovered, which had been made against Leo by a Cardinal with the knowledge of other Cardinals (Köstlin, M. Luther (3), Vol. I, p. 229).

I have requested through the most illustrious Prince Frederick, the very powerful Elector of the Holy Roman Empire, Duke of Saxony, Landgrave of Thuringia, Margrave of Meissen, that the matter be entrusted by the Apostolic See to some learned, righteous and honorable men to judge it in a safe place, before whom I would also be willing to appear there and to do everything that is in accordance with justice.

14 Since the most holy Father and Lord in Christ, our Lord Leo X., as his goodness and love of truth and justice are rightly praised throughout the world, had [graciously conceded this, it was] brought about by the adversaries, who feared for their cause, 2) that it was transferred to the person of the most reverend Father and Lord, Mr. Thomas, of the title of St. Sixti Priest and Cardinal, of the Holy Apostolic See Legate de Latere throughout Germany. Sixti Priest and Cardinal, of the Holy Apostolic See Legate de Latere throughout Germany, hoping that since this most reverend gentleman etc. belonged to their Order, their frail and bad cause would be the more easily helped by this good head.

15) Although this most reverend gentleman etc. might justly seem suspicious, because he might be of the party and opinion of the opponents, and for several other probable causes, nevertheless, as he is in every respect a very learned and affable man, he first of all showed himself fatherly and kindly toward me and received me, but afterwards, wanting (as he says) to advise me, he simply insisted and urged that I should recant my sayings before they were discussed, he simply insisted and urged that I should recant my sayings before they were discussed and decided upon, with rejection and setting aside of the most respectable protestation, namely, that I would be prepared either to answer again publicly or to give an account privately in writings, and that all that was mine should be submitted primarily to the judgment of the saints.

2) Here, the Weimar edition has the note: "In this sentence, something must have fallen out in print", but has made no attempt to add what is missing. We have, based on the Basel edition of Adam Petri, which brings this marginal note: ^äversurli eurarunt (tomino Oarä. eorurruttenckarQ eausam, inserted before per utlversurloZ: bernMiter oou6688i886t, ktkeetuui 68t.

The first is to submit to the Roman Church, then to the famous high schools of Basle, Fribourg, Louvain, and, if necessary, also to the old mother of high schools, the University of Paris, which, as it is the most flourishing in theological matters before others, is also the most zealous.

16 He set all this aside and despised it, and did not even want to instruct me or indicate in what matters and in what way I had erred, so that I could revoke the recognized error, except that he held up two articles against me, to which, as I hope, I answered quite superfluously, as can be seen in the writings that I have sent to the most reverend Lord. But he wanted to drive me badly and merely to recant, by threatening me that if I either did not do so, or appeared in Rome within a certain given period of time, which was fixed in the citation by the above-mentioned presumed judges, he would have me and all those who adhered to me, and all those who adhered to me and were favorable, under the sentence of excommunication, and to subject all others, whoever they might be, to whom I should turn, to the ecclesiastical interdict, and said that he had sufficient orders from the above-mentioned See for all these things.

(17) By this I find myself afflicted, injured and oppressed, since even today I confess that I have only disputed and submitted everything to the feet of our most holy Lord, Leo X. that he may kill, bring to life, reject, approve, as he pleases, and acknowledge his voice as the voice of Christ that dwells in him, and I protest lawfully that I do not want to say or hold anything that cannot be proven in and from the Holy Scriptures and the Fathers of the Church and the Holy Canons, as can be seen in the book of my "Explanations" 1).

(18) With regard to this, I protest again, as I have often protested elsewhere. Therefore, I appeal from the aforementioned most holy Lord, our pope, who is not well informed, and his supposed commission, which is based on the above-mentioned

1) Walch, St. Louis Edition, Vol. XVIII, 100.

I have the right to appeal to our most holy Father in Christ and Lord Leo, by divine providence the tenth pope of that name, from the alleged judges and the aforementioned citation and the alleged proceedings which may be instituted against me and are to be instituted against me, and from everything that has taken place and will take place therefrom, and from any of the same, also from any future burden which may arise therefrom, to our most holy Father in Christ and Lord Leo, by divine providence the tenth pope of that name, who needs to be better instructed, 2) and appeal in this writing, and ask for apostolic letters the first, the second and the third time, urgently, even more urgently and most urgently, that they be given to me, if there is anyone who will and can give them to me, and especially from you, Mr. Notary, written testimony, submitting myself, and those who adhere and wish to adhere to me, herein to the protection and defense of our aforementioned Most Holy Lord, the Pope, after he has been better informed. And I protest that I will pursue this appeal of mine in due time and place by way of annulment (per viam nullitatis) and otherwise, to the best of my ability, reserving to myself the liberty 3) to add, subtract, amend, correct, and better shape it, always without prejudice to any other legal advantage.

Concerning all of the above and every detail in particular, the venerable father D. Martin Luther, professor of sacred theology and appellant, has requested that, instead of the testimonies of the apostles, one or more instruments, public or public, be made and prepared for him by me, the undersigned public notary. This was done in Augsburg, and there in the monastery of the Order of the Carmelite Brothers, in the same year, Roman interest number, days, months and pontificate as above, in that there were present the venerable men, the gentlemen Wenceslaus Steinbeiß and Bartholomäus Utzmair,

2) In the old translation: "that I may be better instructed".

3) The Weimar edition has here, after the latio ad Oonoilium 1518, corrected the wrong reading of all other editions: optirus (with addition of taeultats), and set oxtions.

604 L.v. L.II,M5. Action between Cajetan and Luther. 2. sect., no. 212 ff. W. XV, 730-733. 605

Priests of the Augsburg Diocese, who were called and requested as witnesses to the above.

And I, Gallus Kunigender of Herbrachtingen, layman, of the Augsburg diocese, public notary both by sacred apostolic and imperial authority, because I was present at the handing over of the aforementioned appeal, the appeal, the submission, the request for apostolic letters, the protestation, and all the other and each of the foregoing things, while they were happening and being acted upon, as is foretold, have been present and personally present at the same time with the aforesaid witnesses, and have seen and heard all and every particular thing so done: Wherefore I have written this present public instrument with my own hand, and have hereunto executed, signed, published and set forth in this public form, and with my common seal and common name, requested and required for the authentication and witness of all and every of the foregoing things.

An old written message from Augsburg about Luther's departure from that city.

From Löscher's Ref.-Acta, Vol. II, p. 491.

In Augsburg, a man is painted on a house, along with the words: Down there, with the date 1540; this is supposed to give a reminder of the man who showed Luther a way to escape from Augsburg from the hands of his persecutors. Many want to take it for an angel who appeared to him in such a form; the papists, on the other hand, take it for Satan, and also had this painting and the scripture erased a few years ago, but later it had to be restituted for eternal remembrance. The year probably refers to the time when this painting was made.

Luther's own message to Spalatin about his departure.

See the 204th Document, z 5: "I stayed there even the following day" etc.

215 Conrad Adelmann's, canon of Augsburg, letter to Spalatin, written shortly after Luther's departure, in which he praises Luther's wise procedure against the Cardinal immensely and at the same time asks Spalatin very imploringly to let Luther's

The prince should recommend the matter to the Elector so that he may try to reconcile him with the pope. Date Augsburg 18 Oct. 1518.

This letter is found in the Wittenberg edition (1569), vol.IX, p.603; Jenaer (1564), vol.I, p.123; in the Altenbürger, vol. I, p. 138 and in the Leipziger, vol. XVII, p. 202.

My dear Mr. Spalatin! Your letter has been more pleasant to my brother and me than that which has come to us from you, our good friend; but it has been much more pleasant to us that we have presently seen and addressed the dear Lord Doctor Martin Luther, both adorned with virtues and manifold teachings. We have often requested him as one whom we love dearly, 1) and have shown him our good opinion.

But you will give me credit: He was not well kept away from you, and especially not provided with that which he would have needed most. But as for all that, the imperial councilors took him into their escort, which you should have thought of first. When he was escorted, he appeared before the legate with more courage and confidence. But what happened before the legate, you will hear for yourself from D. Martinus, when he now, God willing, comes home again, so that I may not be annoying to you. For there would be a long song to sing about it here.

But there is one thing I do not want to keep from you, that Doctor Martinus offered himself against the legate in such a way that it almost looks good to a Christian man. The first offer was that he would hand over everything he had ever let go out to our most holy father, the pope, in order to justify everything that his holiness loved and, if it pleased her, to eradicate all such things.

4 Secondly, he had discussed Opiniones, and thus had not decided anything final, as is commonly done far and wide in the universities of the German nation. And if they wanted to, he wanted to discuss it even further and more. And if someone came with a better reason and certain sayings of the holy scripture, he would be willing to leave his opinion and follow the better one.

(5) Further, if the Holy Christian Church wished to establish and issue a ruling on the matter, he wished to submit it to the decision and judgment of the Holy Christian Church at this time.

1) "requested" - visited.

be. Nor has it ever been his opinion to write, speak, or preach anything that would be against the papal chair, or the pope, or his honor, and that would diminish his dignity.

If you now, my Spalatine, note that this is the opinion of D. Martin, then it will behoove you to have diligence with our most gracious Lord, Duke Frederick of Saxony, Elector etc.., that his C. F. Gn. will act with papal holiness by writing or faithful message, that his holiness will accept this lamb, commanded by his holiness, amicably and graciously, according to the image of our most gracious Blessed Maker, and let himself be graciously satisfied with the offerings touched. For Pope Leo is, as I have understood from many people, kind and gentle; and, if he would not be drawn into a different opinion by his court servants, I believe that my most gracious lord, the Elector of Saxony, could easily obtain that the Pope would again accept Doctor Martinus graciously.

My brother has refused to give you his greeting. I command myself to you, and I am inclined to serve you, and to do what I may for your salvation and honor. Given at Augsburg, 18 October, Anno 1518.

Luther's report to Spalatin on how the notary had at first been too fearful to knock the appeal on the door of the cathedral in Augsburg after his departure, but finally dared to do so after the coaxing of D. Frofch.

See Appendix, No. 19, § 3.

Luther's report to Spalatin that the Carmelite prior, Licentiate Joh. Frosch, who had hospitably received Luther at Augsburg, would come to Saxony because the Elector had promised him a banquet [for his doctorate].

See Appendix, No. 14, § 5.

218 Luther's report to Spalatin on the arrival of this Prior Frosch, who managed to have his appeal heard at Augsburg, along with an enclosed request that he be given the promised banquet at the Elector's house.

See Appendix, No. 19, §§1-3.

M. How the timid Staupitz escaped from some of Cajetan's threatening places from Augsburg quickly without leaving, along with other samples of his timidity and fickleness.

219 Myconius' and Luther's reports on how Cardinal Cajetan had let it be known that he was also quite unwilling to have Staupitz and Link imprisoned and sent to Rome, and on their removal, which happened soon thereafter.

See the 208th and 211th documents, as well as the 204th at the end.

Luther's letter to Staupitz, before the latter had turned away from Saxony, in which he reminds him of the words of encouragement that Staupitz had spoken to him at Augsburg, and by means of which he now seeks to cheer Staupitz up in his pusillanimity, but otherwise still deals with him quite familiarly and confidentially, as soust, and reports all sorts of things to him.

See Appendix, No. 20, §§ 1-3.

221. Luther's somewhat more serious and sharper letter to Staupitz, after he had left Saxony and turned to the Archbishop of Salzburg, in which he already half and half sadly takes leave of him, accuses him not indistinctly of fickleness and of the denial of Christ to be worried about, But at the same time he once again faithfully and earnestly admonishes him not to be ashamed of Christ's sufferings, but to steadfastly confess his Savior before men, if he does not otherwise want Christ to be ashamed of him one day.

See Appendix, No. 21, § 3 to the end.

Luther's letter to Staupitz, in which he tells him how he, Luther, cannot well believe that he can accept the abbey without harming the truth, and at the same time refutes and tries to disprove many evil opinions that have been brought to him by his enemies. Dated June 27, 1522.

This letter is found in Latin in Aurifaber, vol. II, p. 75; in Seckendorf, nist. Imtb., lib. I, x>. 48, 8 37, ack. II; in De Wette, vol. II, p. 2l4 and nn Erlanger Briefwechsel, vol. Ill, p. 405. German only in Walch.

Translated into German.

To D. Johann Staupitz, Ecclesiastics at Salzburg.

1. grace and peace in Christ, amen! Venerable and most worthy Father! I have not heard about your abbey both from the prior's letter in Nuremberg 1) and from the common rumor, which claims this so constantly that, if I had not seen your letter, I would have had to believe it. In the same way, I believe, lies are brought to you about us. And although I do not want to withdraw you 2) from God's will, I cannot yet fully grasp, according to my simplicity, whether it could be God's will that you become an abbot, nor does it seem advisable to me; 3) however, I do not want to be contrary to your spirit, nor do I want to judge it. But one thing I ask for the sake of Christ's mercy, that you do not easily shine upon our slanderers, neither against Wenceslaus nor against me. For that you write that mine is highly exalted by those who lie in whorehouses, and that many annoyances have arisen from my newer writings, I am not surprised and do not fear. We have certainly acted and still act here in such a way that we teach the pure word without noise to the people, which both the pious and the wicked use. Both the pious and the wicked can use it. You know that this is not in our power. For we have undertaken to persecute by word the impure celibate state, the impiety of the masses, the tyranny of the ecclesiastical orders, and everything that has been introduced by men and erected against the wholesome doctrine, and to do what Christ preached beforehand.

1) Wolfgang Volpracht (not Link, as Seckendorf states), who together with the provosts Georg Peßler at St. Sobald and Hector Pomer at St. Lorenz abolished the mass in 1524 (Erl. Briefw.).

2) te is found in the 606th (lotban. and at Seckendorf.

3) Luther's warning came too late. Already on April 26, Staupitz had received a dispensation from the Penitentiary in Rome to change his order; on August 1, he entered the Benedictine Order and on August 2, the convent unanimously elected him as its abbot (of St. Peter in Salzburg); on August 6, he was invested as John VI (Erl. Briefw.).

that his angels will gather out of his kingdom all abominations [Matth. 13, 41.]. It must be destroyed, dearest Father, the kingdom of abomination and destruction, the Pabst, with his whole body. 4) And this he does now without us, without hand, by the mere word. His end before the Lord has come. The matter is beyond our comprehension and understanding. Therefore it does not take place that I care about it, since someone [namely Christ] is able to do this, 5) and 6) it is quite reasonable that after the greatness of God also great movements of the minds, great aversions and great abominations arise. Do not be mistaken, my father, about all this. I have good hope. You see the counsel of God in these things and His great hand. Remember how my cause has always, from the beginning, appeared to the world so fearful and unpleasant, and yet it has increased day by day. It will also increase what you fear so much now. Just have a wavy patience. Satan feels his wound, that is why he rages so and throws everything through each other. But Christ, who has begun, will tread him down, although all the gates of hell rage against him in vain.

2) Jacob, 7) the prior in Antwerp, has been imprisoned again, and it is thought that he has already been burned, and other two with him. For it was certain that he would have to be killed because of the withdrawal of the recantation. The Sophists hasten to their doom

4) In this sentence we have omitted rnibi after Seckendorf.

5) The translation proposed by Köstlin against Walch and De Wette (M. Luther (3), Vol. I, p. 813 ack p. 685 j, which also the Erl. The translation suggested by Köstlin against Walch (M. Luther, I. I. p. 1313 ack p. 85 j), which is also applauded by the Erl. correspondence, is: "that I should wait until someone is able to grasp it.

adopted.

7) Jakob Probst (llacobus kraspositus), also called Jakob von Apern (laeobus Ipsrsnsis) (^urüäbsr, tom. II, lol. 205). In another place (Vurikubsr, toin. I, col. 70 b) is found by reading out the word Ipersnsis, which may have been abbreviated: llaeobus KprsnA. And this Spreng has remained to this day in all collections of letters (from Aurifaber), namely in De Wette, vol. II, p. 207 and in the note vol. II, p. 179. vol. VI, p. 697. in the Erlanger Briefwechsel, vol. Ill, p. 397 and in Walch vol. XXI, 791. He got the name Ipersnsis from the Augustiuerkloster in Mern, where he was brought after he had made his recantation. - Only in Köstlin we find (M. Luther (3), Vol. I, p. 640): "Jakob Probst from Upern (later erroneously called Spreng)."

which will come upon them because of the innocent blood they shed. Amen!

(3) They also counsel how to burn me, but I provoke Satan and his scales daily more, that the day of Christ may be hastened, which shall destroy the Antichrist. Farewell, my dear father, and pray for me. Greetings to you D. Hieronymus [Schurf], the Rector Amsdorf and Philippus. I want to apologize to you for Wenceslaus. He is a righteous man and teaches the gospel rightly, that is, the fear of the saints and wise men, as it is due. Wittenberg, Friday after the Octave of Corpus Christi [June 27] 1522.

Your Martin Luther.

223 Another letter from Luther to Staupitz, in which he complains about the suspended correspondence, and presents him with the danger of denying Christ at his abbey, and considers it necessary to abandon it, if he were otherwise still the old Staupitz. Wittenberg, Sept. 17, 1523.

This letter is found in Seckendorf, List. I^utll., lid. I, p. 48, 8 37, ackst. II (b); in Strobel-Ranner, p. 92; in De Wette, vol. II, p. 408 and in Erlanger Briefwechsel, vol. I V, p. 230. German in Frick-Seckendorf, p. 138 and in Walch.

Translated from Latin.

To the venerable Father in Christ, Mr. Johann, Abbot of St. Peter Benedictine Order of Salzburg, his Superior in the Lord, Father and Preceptor.

Grace and peace in Christ our Lord! Venerable Father in Christ! Your Honor's silence is all too unreasonable; what we must think of it, Your Honor can judge for himself. But even though we are no longer dear and pleasant to Your Honor, we must certainly not forget or be ungrateful to Your Honor, through whom the light of the Gospel has begun to shine out of the darkness in our hearts. However, I must also confess that we would have preferred that you had not become an abbot; but now that it has happened, we must interpret it for the best on both counts.

and let everyone have his opinion. I, with your best friends, am not so sorry that you have turned away from us as that you have become the property of the notorious beast, your Cardinal, 1) who is free to do whatever he feels like doing. The world can no longer bear it, but you must suffer it and remain silent about it. It would be a miracle if you were not in danger of denying Christ. We pray and "wish" that you will be freed from such a tyrannical dungeon and returned to us, and we also hope that you will think of it yourself. For as much as I know Your Honor, I cannot rhyme these two contradictory things with each other, namely that you should be the same as you have been if you intend to remain in that state; or if you are still the old one, that you should not intend to resign from that state. But because we think and wish the best of you, we still have good hope for the latter, although your long silence weakens such hope very much.

I have therefore taken the liberty of sending this letter to you for Brother Achatius, 2) a former prisoner of your monastery, but now free in Christ, as I hope. Yes, if you are still who you were towards us, then I dare not only to ask for forgiveness for him that he left without permission (this, I hope, you will give him abundantly), but I also wanted to earnestly ask for him that you give him something from your rich monastery, so that the poor and needy man can begin a better way of life. For he has also asked me to do this. And since I was in doubt, I took the best hope and leaned on this side, so that I could still be sure of everything good for you. But since you have changed, which God forbid, I do not want to lose more words (that I speak freely), but ask that God be merciful to you and to all of us. You see now, venerable father, how doubtful I write.

1) Matthias Lang.

2) This Achatius cannot be, as Seckendorf assumes, Arsacius Seehofer, because he was in Ingolstadt at that time. An Achatius was among the electors of Staupitzen to the abbot (Erl. Briefw.).

612 L. v.ii, 387s. Action between Cajetan and Luther. Sect. 2, no. 223 ff. W. xv, 739-741. 613

because by your silence you leave us so lukewarmly in uncertainty as to how you feel, since you are quite sure of us what we think and believe, and I am also assured that you do not despise us from the bottom of your heart, even if we were quite displeasing to you. I will certainly not cease to wish and pray that you may be turned away from your Cardinal and the Papacy, as I am, indeed, as you yourselves have been. May God hear me and take you and us to Himself, Amen. Wittenberg, Lambert's Day [17 Sept.] 1523.

Your son

Martin Luther.

N. Luther puts the story of his trade with Cajetan into print under the title: Acta Augustana.

Luther's preface to the Acta Augustana.

Beginning of Decembers 1518.

The exact title and location of the

8tana has already been given in Documents No. 176, No. 177 and No. 200, so we do not consider it necessary to repeat it here. The two following numbers also belong to these, therefore also to the same time.

To the devout reader, Brother M. Luther wishes salvation!

Forgive me, dear reader, for so often spoiling your time with my chatter. I do it very reluctantly, but this time, too, you should attribute it to necessity. It has pleased heaven that I should have become a tale of the people, which I confess I must so ascribe to the Lord that I also lay it entirely on the people who have such godly ears that the most lovely and godly truth annoys them to the point of the most idolatrous ungodliness of heart, mouth and work.

They have long since plagued Johann Reuchlin as a secret counselor (secretarium consultorem), now they also plague me as a question-asking disputator (quaestionarium disputatorem), and want to suffer neither counsel nor disputations. We ver

We see ourselves in the future that they will even challenge people's dreams and thoughts before unholy idleness. For who is safe from these monstrous wild beasts' teeth, since they also devour those who secretly advise or even publicly demand to be instructed? Dear God, what a new and wonderful crime it is that one desires to be taught and seeks the truth, and that too in the church and in the realm of truth, since one must give account to all who demand reason. But of that another time.

225 Luther's relation under the title: Actions of the Venerable Father D. Martin Luther, Augustinian, with the Apostolic Lord Legate at Augsburg.

This immediately follows the previous document.

Now, my dear reader, my matter is this. I see that books are going out and false rumors are spreading about my stories in Augsburg, whether I have done nothing there but wasted time and money, if not that may be called enough, that I have heard a new Latin language there, namely that teaching the truth is just as much as disrupting the church, but hypocrisy and denying Christ is just as much as nursing and bringing up the church of Christ. For I do not see how else you could be other than un-German (barbarus) against the Romans, and they in turn against you, where you do not understand this eloquence, if you otherwise surpass Cicero in eloquence.

In order that neither the friends may exalt the matter too much, nor the enemies too much disparage it, I myself will herewith state what was held against me there and answered by me, and at the same time also reveal by this testimony that I have rendered more than diligent and faithful obedience to the Roman Pontiff:

3. Firstly, that I, as a poor weak man, nevertheless set out on foot on such a long journey and in so many dangers, and that I did not, in anyone's judgment, assert any exceedingly just and reasonable reasons for staying outside; secondly, that I was shot in front of those who were to blame.

nen, which could be discarded by the party of the adversary cheaply by me.

4 These difficult or unfair circumstances, however, (as much as I can smell) seem to me to have been so prepared by these friends for their own sake, and to have prepared everything in such a way that they did not set in motion an investigation of the truth, but my ruin all the more easily, and seem not to have expected that I would come, but to have wished that I should remain disobedient on the outside, so that they would then immediately let the ban go, and triumph in an unheard and unrecognized matter. I could conclude this with a fair degree of certainty from the fact that they did not look for what they wanted to accuse me of until after my arrival. And to this day my writings are still in the house of Caiphas, since they are looking for false testimony against me and have not yet found it. I also see that this new custom and the new law of the Roman court has begun, that they first catch Christ and then search for what they want to accuse him of. However, I have been accused of two things, or rather only one thing, which would like to have a semblance, namely, the little fist of the extravagant; as you will soon hear.

5 Therefore, that the most noble prince, Elector Frederick, Duke of Saxony etc., would not have made an effort for me in vain (for he had graciously provided me with food and letters of recommendation, and had already graciously endeavored beforehand that the matter would come to a commission outside of Rome), I came to Augsburg and was accepted by the most reverend Lord Cardinal-Legate quite graciously, and almost too graciously, for he is in every respect a different man in all things than the mighty brother hunters.

6th Then, having said that he would not dispute with me, but would settle the matter peacefully and paternally, he presented three things to me by order of the most holy pope, as he claimed:

1) I should think better of it and revoke my errors,

2) Promise to refrain from doing so in the future,

3) As well as anything that might disrupt or disturb the church.

I, who saw that I could have done this in Wittenberg without danger, without so much trouble, and that I should not have sought such things in Augsburg, immediately asked him to instruct me in what I had erred, for I could not think of any error. Then he brought before me the Extravagante of Clement the Sixth, which begins: Unigenitus etc., because I had claimed against it in the 58th thesis: Christ's merit would not be an indulgence treasure. So he insisted that I should recant, and insisted confidently, as if he already had the victory in his hands. For he thought and trusted quite certainly that I had not seen the extravagant, perhaps trusting that it was not in all editions.

(8) Secondly, he reproached me for having taught in the seventh thesis in the explanation that faith was necessary for one who wanted to go to the sacrament, or he would come to judgment. For he wanted this to be considered a new and erroneous doctrine; rather, anyone who went would be uncertain whether he would obtain grace or not. And by this impertinence of his, especially since the Italians and the others of his entourage smiled at it, even raised a loud laugh after their manner, he caused me to seem to be overcome.

9. To this I replied: that I had not only carefully looked at this one of Clemens, but also at the other extravagant one of Sixtus the Fourth, which is almost the same or similar to it (for I had really read both of them with the extensive verbiage, behind which there is nothing at all, and thus it completely loses credibility; so full is it of ignorance), but it would not have had sufficient standing with me, both from many other causes and especially from this, that it misuses the sacred Scriptures, and twists the words (if the ordinary mind is to exist otherwise) quite brazenly to a quite different sense, which they do not have in their place, but rather the opposite one. Therefore, the scripture, which I follow in my thesis, is absolutely preferable to it, and in it nothing is proven, but only the

616 L. V. a. II, 370 s. 385. plot between Cajetan and Luther. 2. sect., no. 225 f. W. XV. 743-747. 617

Opinion of St. Thomas told and quoted.

(10) Then he began to praise against me the authority of the pope, that he was above a council, above the Scriptures, yes, above everything in the church. And to prove this, he referred to the rejection and abolition of the Council of Basel, and thought that the Gersonists were also to be condemned with Gerson.

Because this was something new in my ears, I denied that the pope was above the Concilium, above the Scriptures. After that I also praised the appeal of the University of Paris, and we mixed in a confused speech many things about repentance, about the grace of God. For I listened to the other objection above with great sadness, for I would never have thought that this should ever be put in doubt. Thus we were in agreement on almost nothing, but (as it is wont to happen) as one thing gave rise to another, so one contradiction soon gave rise to another.

But since I saw that nothing would be accomplished by such a quarrel, and that much would be started, but nothing would be finished, and that we indeed raised nothing but many extravagants, especially since he (who was in the place of the pope) did not like to have the appearance that he had left, I asked for time to think it over.

The next day, when four of the Imperial Majesty's councilors were present, I brought a notary and witnesses with me, and protested actually and in person before the most reverend Lord Legate, reading it as follows:

See above the 200th document.

Hereupon he came back to yesterday's disputation of the first objection, because this seemed to be very favorable for his opinion. But since I kept silent and promised to answer in writing after my protestation, he was again quite confident. But he finally allowed the written answer and we parted.

The answer itself is like this:

See the 203rd and 204th documents.

226 Luther's emphatic resolution, in which he deals almost throughout with the prestige and power of the pope.

This document follows in the ^etis immediately after the 204th Document.

1 Now I must address you, my reader. I have indeed given this last answer of mine with great reverence and, as it were, placed it in the will and good pleasure of the pope, but I do not believe that I have done it in such a way as if I doubted the matter itself or ever wanted to change my mind. Divine truth is also a ruler over the pope; for I do not wait for vain human judgment when I have recognized God's judgment; but because I had to maintain reverence for the one who administered the pope's place, and because even what is said with' full truth must be presented and defended with humility and shyness. But you can take the first (answer) as you like, because there is no danger that it will stand or fall. Nothing is lost to indulgence if it had been overcome and false; nothing is lost to it either if it had prevailed and been true. And it obscures little for the main thing, except that by dragging it in, it is cunningly sought to blaspheme the whole disputation. For if I had wanted to act more proudly, I could not have been forced to say one word, since the whole disputation has already been attributed and handed over to the pope, so that nothing more is due to me than to wait for the verdict. But the whole sum of blessedness lies in the latter answer. You are therefore not a bad Christian, whether you know the extravagant or not, but you are nothing else than a heretic, if you deny the credibility of the word of Christ. What I am suppressing and concealing here, you, my dear reader, will, I believe, not without sighing well notice.

2. but I will not restrain you that nothing is sought by this disputation but the true understanding of Scripture, which the so-called sacred decrees in many places, if not falsify, at least obscure for us with twisted and ill-guided words and, as it were, obscure the brightest sun with clouds.

ken. Once, when a Roman flatterer will stir against me, I will act a little more expansively and, if God wills, prove to be a legal theologian, who, however, will earn little favor, especially with the flatterers of the Roman court. For my heart has long desired to engage in such a war game as Joshua did against those of Ai [Jos. Cap. 8]. 1) In the meantime, I give you this foretaste that my thesis really goes against those extravagants, and is therefore false, erroneous and to be revoked. Therefore I also hereby solemnly revoke it in these writings and speak of myself condemned, and finally even say: that it is so set by me, and still so well pleases me until now, that if it were not set, I would still want to set it. Secondly, I reject, condemn, and abhor that extravagant as false and erroneous, and cheap to reject, and confess that it would have been good that it had been written in other words; not that it is false in its sense, but that it errs in theological sense, because it puts the words against the quite obvious opinion of the text.

This is my retraction: Now I have done enough, even to the adversaries, I hope. What? Do you, my reader, think me nonsensical or drunk? No, I am not ranting, but speaking sensible words. In order to prove this, I will make it clear even to the most simple-minded that the popes in their decrees do violence to the words of Scripture. For the most reverend legate has received this with the greatest displeasure, that I would not have spared even the papal sanctity (for so he writes to the most noble prince Frederick etc.), and said things that one does not like to repeat, namely, that the pope twists and abuses the Scriptures.

4 I must therefore endeavor to show that it is impossible for him to deny that the Scriptures have at times been violated. First, the Decretale de Constitut says. 2) If

1) Namely, he first gives the appearance that he has overcome, but then turns around and destroys them completely.

2) The istveeretalium Ore^oriilid. I. tit. II. (46 aonstitutionidus) eap. 3. (with the initial words Dranslato kaosrüotio). sWeim. Ausg.^

the priesthood has been changed, the law must also be changed. These are the words of the apostle to the Hebrews [Cap. 7, 12], when he says that the temporal priesthood of the law has ended and has been abolished, since the eternal priesthood of Christ now follows after it. This is the true and actual meaning of the words. But the meaning of this decree is this: the priesthood of Christ is transferred from Moses to Christ, and from Christ to Peter. This is how the jurists interpret it, and the pope allows it or considers it good. But who does not see that this interpretation of the words is quite unsuitable, twisted and highly abusive (abusivissimam), yes, of such a kind that "because" it is not moderated with great effort, it is at the same time quite unlearned and ungodly? For it is most ungodly to say that Christ's priesthood and law are abolished and at an end, that Peter is priest and lawgiver, and Christ is done away. For this is what the word translatio [in the Vulgate] actually means in your apostle. I do not desire to have Peter or Paul as priest, because he is also a sinner who does not have what he could sacrifice for me or for himself, in order meanwhile to refrain from the shameful presumption to which such a conception smacks, namely, that Christ's priesthood was transferred to Peter alone, as if the other apostles had remained laymen or had been appointed priests and apostles by Peter.

5 If I now put this thesis in this way: The priesthood of Christ has been transferred neither to Peter nor to the pope: and the most reverend Lord Legate held this Decretal up to me with its majestic giving and thunder and wanted to drive me to recant, but I answered: the pope is twisting the Scriptures and misusing their words, and my sentence is true in a theological sense, but the decree is perhaps true in some other, misused sense: do you think I should shrink from the threats of a man's word, so that I might be frightened, as if I had said something that one did not like to say, and had not spared the pope's holiness? I want to honor the Pabst's holiness, but I want to worship the holiness of Christ and the truth.

6 Likewise, when I read the passage Matth.

16,18. f.: "You are Peter, and to you I will give the keys of the kingdom of heaven", "What you will solve on earth" etc., either in the schools or in the chawl and taught this sentence: One cannot prove by these words that the Roman Church is preferred or placed above the other churches in the whole world, and the most reverend Lord Legate opposed me (perhaps with anger at the inequity of what I said) dist. 21, where Pope Pelagius cries out with such a loud voice that the Roman Church is superior to all other churches, not through conciliar decisions, but through the wording (voce) of the Gospel (he even says: according to the sound, not according to the sense), and invokes the passage of the Apostle Matthew for this purpose: do you think that I should leave the evangelical mind above this and accept the mind of Pelagius, who boasts that he follows only the voice, but not the sense of the Gospel? No! Not as if I condemn or deny the new world domination of the Romans of our time, but because I do not want to let the Scriptures be distorted, and reject some unrighteous people's foolishness, which binds us the church of Christ to time and place, since Christ says: "The kingdom of God does not come with outward gestures" etc. [Luc. 17, 20.] And they dare to deny that he can be a Christian who does not stoop under the Roman pope and his decrees. Thus, for more than 800 years, they have been expelling from the Church of Christ Christians throughout the Orient and Africa who have never been under the Roman Pontiff and have never understood the Gospel in this way. For even in St. Gregory's time the Roman pope was not hailed as a general bishop; indeed, Gregory himself, though a Roman bishop, yet most vehemently persecutes the name of a general bishop and a bishop of the whole church, in more than six epistles, that he has no hesitation in calling such a name nefarious and unholy, which yet in our day is called the Most Holy. For just as Peter did not create or make the other apostles (for this is what is called today when bishops are appointed), so the successor of Peter did not make a successor of the other apostles. Yes, even the

The other bishops never called the Roman bishop anything other than a brother, colleague and co-bishop, as Cyprian did Cornelius, and Augustine did Boniface and others. Therefore the holy fathers did not understand the passage of Matthew: "I will give you the keys of the kingdom of heaven" etc. according to the meaning of this holy canon, as if it were said to Petro before all others, but one, they say, stands for all, so that an equality of all would be expressed, in that all and each answer exactly what Peter answers. Hence also this saying in another place in the number of the majority expresses the same opinion [Matth. 18, 18.]: "What you bind on earth" etc., and what is said to one is said to all. Yes, even on the holy day of Pentecost the Holy Spirit did not descend on Peter first, nor is it read that he first blown on Peter on earth, which, if it had happened at once, would not have made Peter the first world ruler before the other apostles. Therefore the above canon may be true, I admit that; but in an abusive way. My thesis, however, is correct according to the evangelical and true understanding. If Pabst's supreme rule can be proven, one would rather prove it from Rom. 13,1: All authority is from God, and all that is there is decreed by God. By virtue of this passage, I say, we are thrown (if one actually wants to speak) under the Roman chair, as long as God wills, who alone, but not the Roman pope, changes and establishes the kingdoms. Many such things, my dear reader, you will find in the sacred decrees and several others, which, if you use the nose of the bride who looks against Damascus [Hohel. 7, 4.], that is, of the flesh and blood, will often annoy you by their smell. 1)

7 I now say of the extravagant thus: The merits of Christ are not an indulgence, because they work grace even without the pope. This sentence is evangelical, as it is written in many places: that we have been justified and made righteous through Christ's blood and obedience, especially Rom. 5:19: "Through one obedience we are justified.

1) There is an anacoluth in this sentence, so instead of otkenUkris we assumed: te otksnäknb.

sam," he says (and I mean these are Christ's merits), "many have become righteous." But by indulgences no one becomes holy, which to say of the merits of Christ is against the revealed Scriptures. Therefore I do not ask whether this sentence is against the extravagant or intravagant. The truth of the Scriptures comes before me, and afterwards it is to be seen whether the words of a man can be true. For I would certainly never dare to claim that through indulgences we become friends of God, as the extravagant explicitly says and draws the word of the wise [Wis. 7,14.), which speaks of your participation in the eternal wisdom, to the participation in indulgences. Such Scripture was true before the time of the extravagant, and the truth did not first come over from it, and it cannot be said that it speaks of indulgences, since it is known in the whole church that there is nothing in Scripture about indulgences, and thus it necessarily follows that if some passages of Scripture are explained from it, as is done here, violence is done to them thereby, and they are drawn to it improperly and abusively. Nevertheless, out of reverence, I confess that it is true, and I will affirm both their understanding. So they say: Rather you shall keep that (that is, the worse) understanding, and deny the other (that is, the right). Therefore, if I am forced to call my thesis false, I will do so, but at the same time call the extravagant one false twice. For if they accuse me of holding against the common custom of indulgences, I confess that it is otherwise, and that it is done by me with diligence, so that the established opinion may be removed, according to which, as I knew very well, the merits of Christ are called the treasure of indulgences, which, however, seemed wrong to me according to the sound of the words. Therefore, I have put forward this thesis [the 60th thesis]: that the keys given by Christ's merit are the treasure of indulgence. Therefore I have put forward this thesis [the 60th thesis]: that the keys given by Christ's merit are this treasure, in that I do not completely exclude Christ's merits from the indulgence, but interpret them according to a different understanding than the common opinion has. But if I had not wanted to contradict this common opinion with reverence and humility, I would not have said that the keys were given through Christ's merit.

I have included the merits of Christ so that I would not contradict them so harshly. But now I have included them so that I would not contradict so harshly. Yes, I would not have committed a mortal sin if I had resisted the extravagant right to the face and had put on the word of St. Jerome, where he speaks of those who take everything they say for God's law, and thus says: They do not desire to know what the prophets have kept, what the apostles have kept (note: "have kept"), but draw to their own understanding unskilful testimonies, as if it were a high and not rather a quite wrong way to teach, to falsify sayings, and to drag the Scriptures, which dispute against it, to what they will. So certainly does this extravagant one. For the words of Christ's merits, by which sins are forgiven, she draws to indulgences; and how justly this is done, let the reader understand from the following. Christ's merits take away sins and increase merits; indulgences take away merits and leave sins. Can then one and the same text be understood by both in a proper way? I think even an Orestes would say no to it. And yet I have admitted it out of reverence, and asserted it, although with great violence. Finally, since the extravagant is also dark in words and quite digressive in truth (extravagans), saying sometimes that the merits of Christ are the treasure of indulgences, sometimes that they have acquired the treasure of indulgences: so I have said something that can also stand for my opinion against the common opinion. And because of such a doubtful extravagant, twisting the words of God and falsifying the sayings (as Jerome says), should I do a certain retraction, since the error has not been proven? No, I do not want to do that, but I constantly and confidently deny that the merits of Christ are in any way in the hands of the pope, as the words say; he may see how he understands his extravagant.

Let it be enough for this time to have shown that not all the decrees of the popes contain the right understanding of Scripture, and that therefore one can accept without detriment.

624 L. V. L. II, 381 f. Action between Cajetan and Luther. 2nd section, no. 226 ff. W. XV, 755-757. 625

The theological faculties are different from the juridical faculties, where many things are permitted that are forbidden here. Furthermore, the power concerning law (juridica facultas) is different from the theological: there, many things are permitted that are forbidden here. The jurists exalt their statutes; much more must we theologians preserve the purity of Scripture, and all the more so since we see that in our time most pernicious flatterers are rising who exalt the pope above the concilium, namely, that after one concilium has been rejected by another, we are left with nothing certain, and finally a certain man, the pope, tramples everything underfoot at the same time, being sometimes above the concilium, sometimes below it. Above it, since he can reject it; below it, since he assumes from the Concilium, as a superior, the power by which he himself is exalted above the Concilium.

(9) There are also some who impudently boast that the pope cannot err and is above the Scriptures. If these abominable doctrines are admitted, the Scriptures are ruined, and consequently the church also, and nothing will remain but the word of a man in the church. But such flatterers deal with it in such a way that they first make the Roman church hateful, and finally even overthrow it and throw it over the heap.

10. Therefore, my dear reader, I hereby testify before you that I honor the Roman Church and follow it in all things, only I resist those who seek to erect a Babel for us through the name of the Roman Church, and want everything they can think, if they can only move their tongues, to call the Roman Church, should be taken for the opinion of the Roman Church, as if there were no more holy Scripture, by which (as Augustine says) we judge all things, against which without doubt the Roman Church neither holds nor sets anything. Among such people, I count the lovely flatterers who have dictated an apostolic breve against me, the contents of which I will publish, so that you may see how cleverly they have used trickery. For, that it was written in Germany, after that

but was sent to Rome with diligence, and perhaps was sent back to Germany only at the suggestion of some great man in Rome, I want to make you sure of that by the epilogue that I will soon add, or at least make you suspicious. For this, too, belongs to my complete stories.

From this follows in the Xeta ^uAustana the breve of Leo X to Cajetan (Document No. 176) and Luther's epilogue to the same (Document No. 177). This concludes the Xota.

227 Luther's table speeches from this trade at Augsburg with Cajetan.

See Luther's Tischreden, cap. 55, § 1. Walch, St. Louis Edition, vol. XXII, 1370 ff.

O. How difficult it was initially for Luther to publish his Acta Augustana.

Luther's report to Spalatin that his Acta Augustana were now being printed.

See Appendix, No. 19, § 3 and No. 22, § 1.

Luther's report on how the Elector was not satisfied with it, but had it revoked by Spalatin.

See Appendix, No. 23, § 2.

Luther's report that the Elector had even hinted that the printed sheets were to be suppressed.

See Appendix, No. 24, § 2 towards the end.

Luther's respectful apology, which he had presented to the Elector, that it was now no longer possible, nor advisable, to retain the last sheets, since the first had already been fetched from the printing press.

See Appendix, No. 25.

232 Lnther's report on how the Court finally saw through its fingers, or rather allowed it to.

See Appendix, No. 26 and No. 23, § 2.

See Appendix, No. 24, Z1.

1) The old translation renders the words: statim aclclit" Postilla so: "und man gleich die Postilla (das ist das päbstliche Siegel oder Unterschrift) hinzugethan".

The third section of the third chapter.

Of Cajetan's more distant undertakings against Luther after his departure from Augsburg.

A. From Cajetan's publication of a new papal pecretate of indulgences.

234 Pope Leo X's new decree on indulgences, in which the point of indulgences is declared to be a proper point of faith of the Church, and with which the pope has decided the questions of indulgences, and perhaps also wanted to give Luther the opportunity to free himself from this dispute with honor. Dated 9 Nov. 1518.

This writing is found in Latin in the Wittenberg edition (1550), tom. I, col. 228b; in the Jena (1579), lom. I, lob 203b; in Löscher's Ref.-Acta, vol. II, p. 494; in Erl. opp. v. Ä., torn. II, p. 428 and in Lünig's eontinuat. l. spioilöM ooolosiastio., p. 147. Latin and German in Kapp, Sammlung einiger zum päbstlichen Ablaß gehörigen Schriften, p. 457. - Of this writing Miltitz says in the 277th document: "that he [Luther] jetzund urged the Holy See at Rome to do so, by his writing, that a new Decretalis, which has not been done in many years, is made etc., which explains to him his dubia completely", and hands over a copy of it to the Elector.

Translated from the Latin by Johann Erhard Kapp and explained with notes.

In the name of the Lord, Amen. Let it be known and known to all and sundry to whom the present copy or instrumentum publicum shall come before the eyes, that in the thousand five hundred and eighteenth year after the birth of the Lord in the sixth indiction, the thirteenth day of the month of December, in the sixth year of the reign of the most holy Father and Lord in Christ, Mr. Leonis, by divine providence of this name of the tenth pope, I Peter Anton Berrus, native of Parma, by virtue of apostolic power immatriculated in the Roman archives and appointed public notary in the city of Linz in the Archduchy of Austria, in the room of the most reverend father and lord in Christ, Mr. Thomas, of the title of St. Sixti of the Holy Roman Church. Sixti of the Holy Roman Church Priest Cardinal, at her Imperial Majesty etc. etc. Legate de Latere of the Apostolic See, which room is located in the monastery of the Conventual Friars of St. Francis of said city, by the Reverend Cardinal and Legate personally located there, for the things described below, namely that I have a copy or viäimus Draussum

tum [certified copy] of the apostolic letter, the contents of which are indented below, in authentic form, and transcribe the same letter, also make a true copy or transcript, and collate it with the originals which have been presented and handed over to me by the above-mentioned Lord Legate, and after the collation has been made, bring a transcript or such a copy in publicam formam. However, the content of this apostolic letter follows immediately after the beginning of the insinuation of the same written below, and reads thus:

St. Thomas, by divine mercy of the title of St. Sixti of the Holy Roman Church, Priest Cardinal, of the Apostolic See by Her Imperial Majesty Legate de Latere, wishes to all and every Lord Archbishops, Bishops and other Ordinaries of the Order salvation in the Lord and sincere love, that they will give undoubted faith to the present. Our most holy Father and Lord in Christ, Mr. Leo, by divine providence the tenth pope of that name, has sent us a letter which is accompanied by a true leaden bull with cords of hemp,a )

in 8. have put on, p. 80. van jus Veoletziastioum, p. 156. Lesseb'r ckisputationes, p. 73.

628 D-v " n, ^2s-^3i. Cajetan's behavior n. L.'s departure. Sect. 3, no. 234. w. xv, 7ss-76i. 629

sealed in the manner of the Roman court, also pure and unharmed, not falsified, not crossed out or erased, nor in any part suspect, but completely free from all errors and suspicion and from word to word the following content:

We, Leo, servant of the servants of God,b ) offer to our dear son Thomas, of the title of St. Sixti, our and the Apostolic See's legate to our most beloved Son in Christ Maximilian, chosen Emperor, salvation and blessedness together with the apostolic blessing.

After your careful arrival in Germany, it came to our attention,c ) that some monks, who are ordained to preach the Word of God, in public sermons, spoke of the indulgences that we and the Roman popes, our ancestors, have been dispensing from time immemorial. In our sermons, we have also written about the errors imprinted in the hearts of many, but it was too burdensome and annoying for us to listen to them: In our other letters we commanded your prudence, in which we have a good trust in the Lord because of its peculiar erudition and special experience in the administration of our affairs, that you might approve, by virtue of our authority, things worthy of approval, but disapprove and condemn that which would be given as erroneous and unjust, even by those who will say that they are willing to follow the teaching of the Roman church.

And lest, moreover, any man should plead ignorance of the doctrine of the Roman Church concerning indulgences and the power thereof, or excuse himself under the pretext of such ignorance, or help himself with a trumped-up protestation, but that they may be convicted of a manifest lie as liable to punishment, and justly condemned: we have thought good to report to thee with the present, that the Roman Church, to which the others, as to her motherd ) have been accustomed to

b) This title of the popes has been dealt with above p. 7.

c) It has been proven in the two introductions to Cajetan's Instruction and to this Decretale that the pope had news of the indulgence controversy before Cajetan's arrival in Germany.

d) This predicate, which Leo gives to the Roman Church, does not belong to the Roman Church at all. The fathers of the Council of Trent, Sess. VII, ean. 3. de dapti8rno, paZ. 57 (eäit. (7bMeM Vntv. 1677), the Roman church ornniuin DooisÄaruin matrem er magäskram: but that the latter is false and the latter blasphemous, the same Obemnrtr'us Dxam. Oonoil. Driäent., D. II., I,. II., p. 325 last eäit., and only recently the famous Herr Hofprediger zu Dresden LI. Carl -Gottfried Engelschall in the victorious evangelical truth.

The Roman Pontiff, Peter's successor in the office of the keys and JEsu Christ's governor on earth, has handed down (tradidisse), by virtue of the keys, to whom it belongs, that the obstacles in his believers in Christ, namely the guilt and punishment, can be removed, The guilt, which is owed for real sins, through the Sacrament of Penance, and the divine punishment, which is owed for real sins according to divine justice, through the Church's indulgence, For important reasons, it has been customary (consuevisse) to grant indulgences from the abundance of the merits of Christ and the saints to these same believers in Christ, who are members through the bond of Christ's love, whether they are still alive or in purgatory, 1) to distribute the treasure of the merits of Christ and the saints through the granting of indulgences by apostolic power both for the living and the dead, to grant indulgences themselves through the way of absolution, or to grant the same through the way of helpe )

heil wider die falschen Lehrsätze des Tridentinischen Concilii (1720 in 8.), p. 158. The famous theologian of Halle, D. Paul Anton, also dealt with this in his learned disputation de aukorrtate eeetesrae ^ua mater est, which was reprinted in Halle in 1713.

1) The expressions oonsuoVI886 and traäiäi886, which are repeated in the text of the shorter interpretation of the epistle to the Galatians, point to this decree. See Document No. 235.

e) It has been promised above p. 248 that more of the type per moäum sussragär shall occur with this Decretale. Everything is taken from the ZSaMatäo, which in its Vnnal. Dool. aä au". 1518, ß 125 thus speaks: Oppugnante etiam Luthero non modo indulgentias vivis concessas, sed etiam defunctorum animabus, quae expiatoriis flammis cruciantur, idem legatus apostolicus alio tractatu doctrinam catholicam explicuit sanxitque his verbis: Unde patet, quod indulgentia concessa vivis et defunctis hoc habet commune, quod utraque ex potestate clavium dispensante thesaurum meritorum poenalium Christi et Sanctorum in remissionem poenae temporalis pro actualibus peccatis debitae conceditur: sed modus, quo pervenit indulgentia ad utrosque, diversus est, quia ad vivos, qui illam consequuntur veraciter per modum absolutionis pervenit: defunctos autem, qui etiam illam veraciter consequuntur per modum suffragii liberat, etc. Augustae the XV Octobris MDXVIII. Hanc controversiam cum plures perfidiae fumos illi ostendere niterentur novatores, proximo anno uberius enucleavit.... And in the following year he continues p. 287, .] 49 thus continues: Hoo anno eurn novator Dutüorus inäut^ontias oonoossas pro äotunotis Dorpli^riana DuoianaeaHno sourrilitato äoriäorot, oatüolioi voro ali^niä äo rnoäo, <iuo valoant, an adsolutionis, an sutkraZü oontrovortoront, Ntrornas äo Vio 6aräinalis o Oormanioa loZationo Domain rovoran8 oontrover8iam oäito soripto they oxplionit: Znäukg'enrnr aä vwos äe/ert m'amM[Ma6,perMär'6r's aetum, seMeet ab-.

to grant it. Therefore, all, both living and dead, who have obtained this indulgence, have been exempted from the temporal punishment, which they owe according to divine justice for their actual sins, insofar as this is equal to the indulgence granted and obtained. Decree also by apostolic power, according to the present letter, that all who are under the penalty of the pronounced ban,f ) from which penalty those who fall into it cannot obtain absolution from anyone other than the Roman Pontiff, except in cases of mortal peril, shall thus hold to it and preach it.

And that no one may cite his ignorance of what has been said before in this letter: We therefore command thy prudence that thou admonish and earnestly command all and every archbishop, bishop, and other ordinaries of the Order in Germany, in virtue of holy obedience, and under penalty of suspension from divine offices, that they make known the present letter or its transcript within the time prescribed by your prudence, in their churches, when the multitude of the people shall have gathered there for worship, and that they shall teach the aforesaid doctrine of the

solutionem; existentes autem in purgatorio (utpote extra Ecclesiae praesentis forum') a Papa absolvi non possunt, sicut nec ligari,' et ideo indulgentia, quam auctoritative ex thesauro Ecclesiae confert, illis per modum auxilii ad eorum sublevationem mittit, confidens in divina misericordia, quod acceptabitur ad sub- levamen eorum, qui in foro irae et furoris Domini puniuntur purgandi. Et infra: Inter sacramentorum et indulgentiarum efficaciam differentia ad propositum est in hoc, quod remissio poenae per sacramentum sit ex intentione ipsius Christi, cujus est sacramenti operatio, ita quod iste suscipiens sacramentum relevatur a tanta poena, ac si ipse passus fuerit patiente Christo, ut sacramentum baptismi testatur, docente hoc Apostolo ad Rom. 6. et D. Thoma 8.parte quaest. LXIX. Per indulgentiam autem remissionem poenae consequimur, tanquam ecclesia pro nobis illa passa fuerit; quoniam abundantia passionum Christi, et Sanctorum ecclesiae dispensationi credita, intelligitur dona ecclesiae, ut commune ipsius Ecclesiae bonum, ac per hoc per Ecclesiae rectores, ut ipsius Ecclesiae sunt ex intentione Ecclesiae applicanda hisvel illis ; devenerunt siquidem passiones istae ad thesaurum Ecclesiae ex intentione Christi et Sanctorum ad commune Ecclesiae bonum in generali, et commissa sunt, ut ex intentione Ecclesiae ad hos vel illos: et hoc explicatur in forma indulgentiarum pro defunctis, cum per modum suffragii procul dubio Ecclesiae conceditur: deducitur igitur indulgentia ad defunctos non justitia, sed gratiae divinae acceptatione duce, etc. Roma XX Novembris MDXIX.

f) This Npseisni ^xeomvaunieationik I have above.

p. 60 described in detail.

We give you the right to preach and believe in the "first indulgence under the same penalty of excommunication," and that no one may dare to act in any way, directly or indirectly, contrary to this. Nevertheless, we also give you by present complete and free power to proceed against those who take something contrary and disobey, and to punish such with proper punishments as seem good to you, and nothing shall stand in the way of this, whatever it may be.

Scriptor Albergatus.

On the back page of the aforementioned apostolic letter registers with me Bembus.

Since we now order this apostolic letter, which we have received with due reverence, to be dutifully executed, and wish to carry out the order of our most holy Lord Leo, this name of the tenth pope, as well as everything and anything contained in the preceding apostolic letter (as we are bound to do), we hereby intimate, Thomas, the aforesaid Cardinal Legate, by apostolic power, which we administer herein, intimate the aforesaid and from word to word presently indented letter to all and every Lord Archbishops, Bishops and aforesaid Ordinaries of the Order of Germany, also insinuate the same, and make it known, and endeavor, as much as can be done, that the same may come to all and every one; admonish you, all and each of the aforesaid Archbishops, Bishops and other Ordinaries of the Order, and command, for the first, second and third time, in place of and in the name of our most holy Lord Leo the Tenth, in virtue of holy obedience, and earnestly command, under penalty of suspension from the ecclesiastical office, that their aforesaid apostolic letter, or current

632 L.v.a.II,432-434. Cajetan's behavior n. L.'s departure. 3. sect., no. 234 f. W. XV, 765-767. 633

Copy of it, also everything and anything contained in it, within a month after receiving news of it, make it known, fulfill it, also command it and make arrangements for it to be fulfilled, also each one of you fulfill it and make arrangements for it to be fulfilled, as is contained in more detail in the said apostolic letter.

For more faith in all and each of these points, we have had the present letter, which contains the transcript, the intimation, notification and monition, and other aforementioned things, provided with the imprint of our small sealg ). And so that such a letter may be all the more powerful, we have requested the final signed public notary to prepare and publicize an Instrumentum publicum or Instrumenta publica about all and each of the points described above.

Therefore I Peter Anton Berrus, native of Parma, notary public named above and below, took the present letter with due reverence to me, and after I have perused, read and diligently gone through it together with the witnesses named below, who have been specially requested and asked by me for this purpose: I have found, after having read and inspected it, that the vidimus or transcript and the present copy of it, which have been collated with the originals in the most diligent manner, and have been listened to and read against them, agree in all points. Therefore, at the request of the aforementioned Cardinal Legate, I have put this transcript or authentic document into this public form and signed it with my usual seal and name, so that the present document, just like the original, may be more perfectly authenticated everywhere, at all and any places where it will be useful, where it will be useful, is and can be given perfect credence, also so that the present transcript may be relied upon in whatever forum or court it may be, even apart from the same, as if the original apostolic letter itself were present. Concerning which all and any points this same reverend gentleman, the Lord Car- dinallegate, has requested of me, the public notary named below, that I issue one or more

g) I do not know what this small seal of the Cardinal looked like, because I have not seen an original of this bull. Perhaps it is just the one that is found in a letter of grace issued by this Cardinal on Sept. 1, Cusus nuni for the Church of the Holy Cross in Dresden, and in the Unsch. Nachr. 17 l3 in the third order under the Cardinal Raymundus large engraved in copper.

Instrumentum publica. Done in the city of Linz in the Archduchy of Austria, in the parlor of the aforesaid reverend lord, the lord cardinal legate, located in the aforesaid monastery of St. Francis, in the year, indiction, day, month and papal government as above, in the presence of the noble lords, Mr. Hilarion Ursinus, a Roman of nobility, Mr. Petrus Flavius Aquilanus, and Mr. Johannes Caspar Caracciolus of Naples, as witnesses specially called and requested to the aforesaid matters.

And I, the above-named Anton Berrus of Parma, by apostolic power and notary public immatriculated in the archives of the Roman court, because I was present at the said apostolic letter presentation, reception, requisition, transsumption, collation, excultation, and at all and every of the aforementioned things, since they were done and executed in such a manner as has been said before, together with the named witnesses, and also saw and heard that everything and anything was done in this way: I have therefore made this present Instrumentum publicum, which I have written with my own hand, signed, publicized and put into this public form, and have also affixed my usual seal and name, as well as the imprint of the small seal of the aforementioned reverend Lord Cardinal Legate, as I have been requested and required to certify and witness all and every of the aforementioned items.

Printed at Vienna in Austria with the consent and will of the bishop there. 1)

Because I have found after the collation that the present copy corresponds with the original, I have added the seal of the aforementioned Reverend Sir, the Cardinal Legate, to Peter Anton, Notary Public, who has signed himself above with his own hand, for multiple authentication and assurance of all the above-mentioned points.

Luther's Gedauken opened to Peter Lupinus and D. Carlstadt about this new Decretale, in which he considers Cardinal Cajetan to be the author of it.

See Walch, St. Louis Edition, Vol. VIII, 1359, from the note sign 1) to the end of the paragraph.

1) Here follows a facsimile of Cajetan's seal in the Wittenberg edition. The square oblong seal of the notary Peter Anton Berrus is already shown before in the margin.

236a. Luther's opinion expressed by this same Decretale in the Leipzig Disputation at the tenth thesis on July 11, 1519.

In this volume No. 377 in Luther's disputation with Eck on indulgences, in Luther's first reply, near the end.

236 b. Letter of Pope Leo the Tenth to the Swiss Cantons of Indulgence, in which he refers to this Decretal, which should also serve the Swiss as a rule of faith. Dated Rome, 30 Apr. 1519.

This is the 67th document.

B. The Cardinal's correspondence with the Elector of Saxony concerning the Augsburg events.

237 Cardinal Cajetan's letter to the Elector of Saxony concerning Luther's behavior and departure from Augsburg. Dated October 25, 1518.

This and the following writing is found in Latin in the Wittenberg edition (1550), tow. I, toi. 219d; in the Jena (1579), tor". I, toi. 195d; in Löscher's Ref.Acta, vol. II, p. 527; in Aurifaber, vol. I, pp. 106 and 118; in the Erlanger, opp. var. ar^., toni. II, p. 405 and 411; in the Erlanger Briefwechsel, vol. I, pp. 268 and 284. German in the Wittenberg edition (1569), vol. IX, p. 49; in the Jena edition (1564), vol. I, p. 124; in the Altenburg, vol. I, p. 138; and in the Leipzig, vol. XVII, p. 203.

Most Serene and Excellent Prince! Brother Martin Luther has come with the letter of your Serene Highness. Before he appeared before us, however, he wanted to protect himself with a free and secure escort, which he also obtained from the lords of imperial majesty, through the reputation and favor of your Serene Highness, but not without my knowledge. For the said councilors did not want to grant him escort without my permission. I gave them this answer: they should do as they please, only that my name would not be mixed in. But here I began to wonder. For if your Serene Highness was on my best behavior, there was no need for an escort; but if she did not trust me, he should not have been sent to me as to a father.

2nd Then brother Martin appeared before us, apologizing first of all because of the

He said that he had come to hear us and to confess the truth that we had recognized. etc. He further said that he had come to hear us and to confess the truth we had recognized. Then we received him quite willingly and graciously and accepted him fatherly. I said at first: he should be asked only in accordance with the true holy scripture and the holy spiritual rights, and if he recognized himself, would henceforth see better, and we could safely sleep without worrying that he would not recapture what he had said, then I wanted to lay down the whole matter by order and authority of our most holy Lord Pope Leo X.

I further admonished him paternally, pointing out to him that his disputations and sermons were against apostolic doctrine, especially concerning indulgences. I also presented to him an extravagant of Pope Clement VI, which was publicly against him, both concerning the cause and the effect of indulgences.

I also referred to the old and common custom of the Roman Church, showed him also a statement about another article of faith in the sacraments, also reminded him that his opinion was not right, but publicly contrary to the holy scripture and right doctrine of the Church, which contradicted it in all things. I do not know what he answered to the clear, light extravagant, and he asked for a day to think it over, saying that he would come back then. I admonished him to recognize himself, so I let him go.

The following day he came again, together with the Father, the Vicar General of the Congregation of the Observants, and accompanied by many others. And since I expected him to recognize himself correctly, he began to protest in the presence of a notary, whom he had brought with him. To this I smiled, admonished him once again in the most friendly manner, that he should cease this useless pretentiousness, strike himself and mend his ways, it would be difficult for him to lick the sting.

(6) Then he added that he wanted to answer me in writing and thus conduct his business, since I had argued with him enough by words the day before. I was surprised at the audacity of the man and said: "Dear son, I have not argued with you, nor do I want to argue with you, but I am only prepared, for the benefit of the most noble Duke Frederick, to hear you in a fatherly and friendly manner (not to argue or quarrel with you), and to admonish and teach you for the sake of the truth, even (if you want otherwise).

636 L.v.a. 11,407-409. Cajetan's behavior n. L.'s departure. 3. sect., no. 237 f. W. XV, 769-772. 637

to reconcile with the Most Holy Lord, our Pope Leo X, and the Roman Church.

Then he asked me and his vicar beside him, I wanted to hear his opinion in writing. Then I said that I would like to hear it and do everything fatherly, but not judicially. Therefore he left me, and afterwards came back for the third time, handed me a long written note, in which he answered very foolishly to the decree of the extravagant of the pope, not even sparing his holiness, of whom he says that she abuses the sayings of the holy scripture. As far as the faith of the sacraments is concerned, he fills the paper with many sayings of the Holy Scripture that do not rhyme with the matter at all, and which he had wrongly understood.

8 When I had indicated to him that he had no opinion, neither with what was written in that Extravagante, nor with the sayings of the Holy Scriptures, I repeatedly admonished and begged brother Martin, as a son, with great earnestness, not to be wiser than was proper, nor to impose a new doctrine on the church, but to recognize himself and see that his soul was not lost.

9 Not long after that, the Father Vicarius of the Congregation came to me, with whom we discussed this matter for several hours in the presence of the honorable Mr. Urban, Orator of Montferrat and a Master of Theology of the said Order, how this affair could be settled without violating the reverence for the Apostolic See, and also without any taint for Brother Martin. After a while, that Master of Theology, a comrade of Brother Martin, came alone and approved and praised this negotiation.

When this foundation was laid, and I hoped that everything would turn out well, the said vicar took off, did not say goodbye to his host, and I did not know anything about it either. Brother Martin and his companions soon followed, thus deceiving me, yes, more themselves, only very much. However, I received a writing that Brother Martin had left behind him, in which he ostensibly asked for mercy, but did not therefore recant either the errors or the ailments that he had caused in the Christian church.

(11) I, most noble prince, was not only astonished at the cunning and crafty advice and nobility of brother Martin and his followers, but I was also appalled and very frightened by it. For since I most hoped that it should be well with him, I was on the

most deceived. But I do not see, in confidence in whom he carries out such. 1)

In this matter, however, I can say three things with certainty: First, the statements that Brother Martin made in his theses in a disputatious manner are, however, in the sermons that he wrote, set down as certain and in an assertive manner, and affirmed in German, as they say. This, however, is partly against the teaching of the apostolic see, and partly condemnable. And believe me, Your Serene Highness, for I speak and say the truth out of certain knowledge, not out of uncertain delusion.

13 Secondly, I exhort and beg Your Serene Highness to exercise her honor and conscience, and either send Brother Martin to Rome, or expel him from her lands, because he does not want to recognize his error by paternal means and ways, nor to keep it with the general church.

14 Lastly, your Serene Highness should know that this so serious and extremely pernicious trade can by no means hang around for long, for the matter will be pursued in Rome. 2) For I have washed my hands, and have written such crafty trickery and deceit to the most holy Lord, our Lord. Your Serene Highness is well and blessed, to whom I cordially submit. Given at Augsburg, on the 25th day of October, Anno 1518.

I ask again and again that Your Serene Highness will not be deceived by those who say that Martin Luther's brother's teaching contains nothing evil; nor that she will not let the honor of her ancestors and her own honor be stained because of a little brother, as she has so often promised.

I speak the truth and will keep the rule of Jesus Christ: By their fruits ye shall know them. This little I have written with my own hand.

Your Serene Highness willing Thomas Cajetanus, Cardinal St. Sixti, Legate of the Apostolic See.

238 D. Mark. Luther's letter of responsibility to the Elector of Saxony in response to Cajetan's complaint. Dated Nov. 19, 1518.

The location of this letter is given at the previous number. At Aurifaber it has the wrong date: November 29.

Newly translated from the Latin.

1) Here Cajetan stabs the Elector.

2) In his reply (Document No. 241), the Elector describes this as a threat.

To the most illustrious and truly exceedingly good prince, Lord Frederick, Elector, Archmarshall of the Holy Roman Empire, Duke of Saxony, Landgrave of Thuringia, Margrave of Meissen, his most gracious lord, his most devoted servant, Brother Martin Luther, Augustinian, wishes well-being and all that a sinner's prayer can do.

I have received, most gracious and most illustrious Prince, through my dear friend, Mr. Georg Spalatin, a letter together with a copy of the letter of the most reverend Mr. Thomas Cajetan, Cardinal of the title St. Sixti, Legate of the Apostolic See, which has been sent to me according to the will of your Serene Highness; but I have received it with reverence and cheerfully. For I see that I have been given a very fine opportunity to state the whole matter. I would like to ask Your Serene Highness only one thing, that your brilliant greatness will graciously listen to this lowly and despised beggar brother who cannot speak well.

First of all, the Reverend Cardinal writes with truth that I wanted my stay in Augsburg to be secured by a free escort. And this I have done not on my own advice or that of your Serene Highness, but on the advice of individual friends and all those to whom I was recommended by letters. With the exception of one, the highly respectable Mr. Orator Urban, 1) who alone dissuaded me with many words. But it was necessary for me that I preferred all of them to the one, so that they would not, if something had happened to me by chance, write that I had despised both the recommendation of your Serene Highness and their extremely faithful service. Then it is not the sign of a stubborn person, but a natural way of thinking that I, who am a German, prefer many Germans, who are known to me before, and who are well known by their life and reputation, to a Welshman. For I hope that this very nation and the crowd will completely

1) Urban of Serralonga had been an envoy of Count William IX of Montferrat at the Electoral Court in 1517. After the count's death, he stayed with Cajetan and finally became his housemate (Löscher, Ref.-Acta, vol. II, p. 453.).

I apologize that that respectable orator will not be able to claim that he is despised by me.

Therefore, Most Serene Prince, you should not have been reproached for a lack of trust; indeed, more trust was placed in the most reverend Lord Legate than the friends expected, so that they were surprised at my sacrilegious presumption or (as they called it with an honorable name) audacity, that I had entered Augsburg without an escort. For your Serene Highness had indicated to me through my dear Spalatin that I would not need a safe escort: so much did your Serene Highness take care of everything good for the most reverend legate.

I will also go through the other pieces in the letter of the Reverend Lord Legate and respond to them in a few words.

He writes with truth that I have finally appeared and have excused the delay of my coming and the obtaining of a safe conduct. For I said that I had received a warning from people in high places, both spiritual and secular, that I should not leave the walls of Wittenberg, because I would be pursued with sword or poison. Then I also added the aforementioned cause, namely the care of the friends who gave me advice in the name of your Serene Highness. Now I have fallen at the feet of the most reverend Lord Legate and have asked with all reverence and humility for forgiveness, if I had said or done anything wrong, lind I am quite ready to be instructed and (as I am also still minded today) to be led to a better opinion.

Then the most reverend legate received me fatherly and most graciously, praised me and wished me luck for this humility of mine. Immediately he presented me with three things that I should do according to the command of our most holy Lord, Pope Leo X, namely, as he said (because when I asked for a copy of the breve, he refused it):

First, that I should go into myself and recant my errors.

Second, that I should promise to abstain from them in the future.

Thirdly, that I am also aware of all other things.

640 L.v.a.n,4i3-4i5. Cajetan's behavior n. L.'s departure. Sec. 3, No. 238. w. xv, 774-777. 641

should contain, by which the church could be troubled.

With regard to the first, I asked him to show me in what I had erred. Soon he reproached me for having said in the explanation of my seventh thesis: he who goes to the Sacrament must believe that he will obtain the grace of the Sacrament. For he wanted this doctrine to be contrary to the holy Scriptures and contrary to the right doctrine of the Church. But I said constantly that I would not yield on this point, just as I will not yield today or forever. Then he said: "You may want to or not, today you will have to recant, otherwise I will condemn all your teaching even for the sake of this one article.

And although he said that he did not want to act against me with the opinions of the teachers, but with the holy scripture and the spiritual law (canonibus), he did not bring up one syllable of scripture against me, while I, on the other hand, cited many scriptural passages for myself, as can be seen from my written answer 1); only that he reproached me with the concilia on the efficacy of the sacraments, which I did not deny, because they were not against me. But under the talking he always fell back on the opinion of the [scholastic] teachers. And I wait, desire, ask to this day for a saying of Scripture or the holy fathers that is against this opinion of mine.

And to speak to you, most noble Prince, from the bottom of my heart: I am sorry with all my heart that this subject of our faith is not only doubtful and unknown in the Church, but is even considered false. But, my dear Prince, I testify before God and His angels: Let there be what may become of my other answer [about indulgences], let it be false, let it be against the extravagant, let it be condemned, let it be revoked: I will do all this if it must be so; but this opinion I will dying confess, and rather deny all than revoke it. For be it that the merits of Christ are the treasure of indulgence, so

1) This is the 203rd Document (Col. 578 ff.), 8 29 ff.

If for this reason nothing goes to the indulgence, or be it that they are not, then for this reason nothing goes from it; the indulgence remains what it is, with whatever name it may finally be honored and puffed up. I am therefore not a bad Christian if I do not want the indulgence, which he alone exalts and fights for; but if I were to change this belief, I would be denying Christ. Thus I hold, thus I will hold, until the contrary opinion is proved by Scripture and disproves the sayings I have attracted, which has not yet happened, and (if God is gracious) never will.

Then, because he was more concerned about indulgences than about this matter of faith, as he writes: "especially (he says) about indulgences," he referred to the Extravagant of Clement VI against my 58th thesis, where I denied that saints and Christ are the treasure of indulgences, as I still deny. Thesis, where I denied that the merits of the saints and of Christ are the treasure of indulgences, as I still deny, at least as it lies and as the words read, however much he may praise the Extravagante as clear and evident; I, on the other hand, say that it is obscure, ambiguous, and unsuitable, as is clearly evident in my earlier answer.

But that he writes in his letter that I had said to the extravagant, "I don't know what, that is not proper to say", he writes as to a layman. This, "which it is not proper to repeat" (in order to reveal the spitefulness of this word, and so that it becomes clear whether this means: to seek me paternally), was that, most noble prince, that I said that that extravagant one did not have sufficient strength against my thesis, especially since she twisted and misused the words of the Scriptures to a foreign meaning. This word "twist and abuse" tormented 2) the man extraordinarily and still torments him, as his letter indicates. For he wanted and still wants that the human words of a pope are accepted without regard to whether they agree with the scripture or not.

But, dear Prince, your Serene Highness allows that I, too, as a layman, should have these

2) This word "tormented" and immediately following "torments" would also like to be translated: "twisted" and "twisted", because it is the same word tor^uere, as immediately before.

I will treat the matter, that is, roughly and clearly. In the meantime, I want to forget the extremely sharp power of judgment, which is to be feared even by all scholars, with which God has distinguished the mind of Prince Frederick above all that our time has seen. I now say that it is nothing rare and new that the holy Scriptures have been twisted by popes and holy teachers and drawn to a foreign meaning. In order to make it short, I will also make it clear to every gross ox-driver by citing an example which does not belong to the present case (extra propositum, as it is called).

A decree, de constitutionibus, says: Where the priesthood is changed, the law must also be changed. These are words of the apostle in the letter to the Hebrews, Cap. 7,12, where he teaches that the temporal priesthood and the law are finished and at an end, since the eternal priesthood of Christ followed. This is the true and right opinion of the apostle's words.

But in the Decretale this is the opinion: The priesthood of Christ is transferred to St. Peter; for this is how the jurists interpret it. Who does not see that this mind is a strange one, and by all means such a one, which, if it is not tempered with much flourishing, is an exceedingly godless one. For it is utterly ungodly to say that Christ's eternal priesthood has been transferred, that is, that it is finished, and that his eternal law is finished and transferred, so that Peter is priest and lawgiver with the removal of Christ.

I do not want to have Peter or Paul as priest, because he is also a sinner who does not have what he could not sacrifice either for himself or for me, to say nothing of the fact that it is said that it was transferred from Christ to Peter alone, as if the other apostles had remained laymen or had been ordained as apostles by St. Peter. How much more correctly it would be understood that not the priesthood, but only the office of the priesthood was imposed on Peter, or that it was taken in any other sense that would leave the right sense of the apostle intact.

Do I therefore speak ill when, in view of this Decretal, I say this opposite sentence

Since the priesthood of Christ is eternal, is it not transferred to St. Peter? Or will the most reverend legate force me also here to deny the true sense and to accept only the sense of the Decretals? Such things are many in your ecclesiastical law (in juro canonico), by which (to put it bluntly) the Scripture, if not corrupted, is certainly obscured.

I have also done something like this against the extravagant. For it is quite certain that the merits of Christ cannot be dispensed by a man; then they (the merits of Christ) even impose good works of repentance rather than dispensing with them (that is what indulgences do), as Peter clearly says [1 Pet. 2:21.], "Christ suffered for us, leaving you an example, that you should follow in his footsteps." He does not say, He suffered for you, that is, so that you should not suffer, or so that you should be relieved, but He left an example to be followed, not a treasure He left, so that this should be left in place etc.

For this is actually the power of the merits of Christ, that they arm for the work, not that they make pillows and put pills under the arms and at the heads, as the prophet says (Ezekiel, Cap. 12,18.). Therefore I have set myself against the extravagant, rather against their bad conception, and I still set myself against it. Nor is this the common custom of the church, which he (the Cardinal) exalts, but a corruption and an abuse that goes against the truth of Scripture.

Therefore, I admit that the extravagant is true, but I deny that its sense is that which the attracted words of the Scripture have in their place. These words have been true for more than twelve hundred years before this extravagant was arranged/) and they have not received the truth only from the extravagant or from their time. For if these words of Scripture, according to their proper and right sense, must be understood by the indulgence, then from the Holy Scripture the indulgence could be proven and proved.

1) The extravagant dates from 13^9 (Erl. Briefw.),

644 L.v.s.ii,416-418. Cajetan's behavior n. L.'s departure. Sect. 3, no. 238. w. xv,7so-783. 645

The first thing to be done is to make sure that the people of the world are aware of what everyone, except the last man, denies.

Therefore I want to hold both. And they say to me: Rather you shall hold this (namely the worse) opinion, deny the other (namely the better). But this I will not do, but think that it is enough that I have shown such a degree of reverence to the word of a man that I confess it to be true; I will not deny the word of God, who cannot lie (like that one), for the sake of the word of that one. Therefore, it is not "something that is not proper to say" (unless one tries to bring another to death and destruction without a cause), if one says that the pope or the holy fathers have sometimes twisted the Scriptures or misinterpreted them in a foreign sense. Or if one persistently denies this, we will certainly make the pope as well as the saints heretics and ungodly, since it is obvious that they follow an opinion different from that in Scripture, and not in few places, not even rarely.

So much was done on the first day, that is, these two things were reproached to me. For I asked for one day to signify myself, and went away. For I saw that it would not serve my cause to deal with the matter in words, because he, sitting in the place of the pope, wanted that whatever he said should have complete validity with me, again whatever I opposed was hissed out, rejected, even laughed at, if I put on the holy scripture. For I will be silent about the fact that he took it upon himself to raise the power of the pope even above the Scriptures and the councils, by stating how the pope had already passed the council at Basel. 1) When I had mentioned the appeal of the University of Paris, he said: "You will receive your punishment. Finally he condemned I don't know what followers of Gerson 2). For I had mentioned the Concil at Basel or at least Gerson in my "Explanations on the Theses", which had annoyed the man.

1) This had happened at the Lateran Council in 1312.

2) Gerson placed the church above the pope.

In short, that fatherly kindness, which was promised to your Serene Highness so often, consisted against me in this: either I would have to suffer or to recant, because he said he did not want to dispute with me. Therefore, it was the best advice to answer in writings, which at least give the oppressed the comfort that they can also be tested by the judgment of others, and instill some conscience and fear in him who otherwise has the upper hand with words.

The next day 3) zero I returned, and with me the venerable father Vicarius Johann Staupitz, who had arrived in the meantime, and there were four excellent men, councilors of the imperial majesty, present. I began to protest before the notary, whom I had brought with me, 4) that I did not want to say anything, nor would I ever say anything, that was contrary to the teachings of the Roman Church, and that I was ready to be instructed and guided, if I had erred somewhere, by submitting my statements to the pope, then also to four universities, the one in Basel, the one in Freiburg, the one in Louvain, and finally, if this were not enough, also to the mother of studies, the one in Paris, as indicated by my protestation.

Here he again laughed at this counsel of mine, and began to exhort me that I should go into myself and recognize the truth, that he again wanted to reconcile me with the church and the pope, and the like, as if I had already been declared a heretic, an apostate, and standing outside the church. But since I promised to answer not with words, but with writings, and asked that it had been fenced (digladiatum) enough the previous day, he took the word "fenced" full of displeasure and said with a laugh: "My son, I have not fenced with you, nor do I want to fence with you, but rather admonish you and, out of consideration for the most noble Prince Frederick, hear you fatherly and kindly, that is, (as I was forced to understand it) urge you to do nothing but recant. For he rightly disliked my foolishness, that instead of: disputing or arguing

3) October 13.

4) This is Document No. 200.

(which, to tell the truth, we had in fact done the day before) somewhat more delicately than the matter required at that time.

Meanwhile, as I remained silent, the venerable Vicarius stood up and asked (as I had also asked) that he might hear me in writing, which we finally obtained only with difficulty. For he did not want a public disputation, also refused to disputate privately with me, also to answer in writings, he would not allow until this hour, but always insisted only on the word "recant". If I had done so, everything would undoubtedly have been settled in the most fatherly manner, for he is, in my opinion, a very kind man who would have liked to hear the recantation.

When I had returned for the third time, I handed over in writing the answers to the two pieces reproached to me. Of these he first said that they were many and useless words, as he also now writes; that I had only answered foolishly and filled the paper with scriptural passages that did not serve the cause, and that he had given the right opinion of them. But when I finally said that it serves for me that the extravagant says: Christ acquired (acquisivisse) the treasure for his church with his sufferings, he immediately seized the book, read and came across the word "acquired" (acquisivit), but he carefully tried to conceal that he had come across it.

Finally he got up and said: "Go away," he said, "either recant or do not come before me again. But I left immediately, believing that I should not dare to come back, since I had made up my mind not to recant unless I was taught otherwise. Not to mention that the rumor was circulating that the venerable Father General 1) had allowed me to be taken in the eye and put in fetters if I did not recant; but I remained in Augsburg that same day.

It was on Friday afternoon. 2) After

1) Gabriel Venetus. See Document No. 158b.

2) These words are attached to the preceding paragraph in the editions. After that Luther's third

the venerable father Vicarius had been called, he negotiated with him that he should make me recant without any stain, as he writes here, that is, with eternal disgrace, which tends to follow those who, out of fear of men, deny the truth against their conscience. This he [Staupitz] did; but when he was asked to refute the scriptural passages to me, he said that this was beyond his ability, and I said: it would be against my conscience to refute, if the scriptural passages were not explained to me differently and better. After that I stayed the whole Saturday; nothing was said to me, nothing was commanded. I also stayed on the following Sunday, where I at least wrote a letter 4) to the most reverend legate, but nothing happened. I stayed also on Monday, I stayed also on Tuesday, and the silence became suspicious to me and all my friends. Fearing violence, I left Augsburg after I had prepared an appeal, and left on Wednesday, confident that I had shown the pope abundantly grave and faithful obedience according to the wording of the citation. But if they should do anything further by virtue of it, it is not to be wondered at if I suffer violence.

Then see, my dear prince, that God truly dwells on high and catches the crafty in their cunning. For he says: "Three things in this matter I can say with certainty."

I answer: If he recognizes that it is put disputation-wise: why then do they torment me wretched and poor man with so many burdens, suck me dry with so many

and last audience with Cajetan took place on Friday. We have followed the reading of the Erlangen correspondence, which, according to two manuscripts, draws these words to the following paragraphs. According to the letter to Spalatin of October 14 (Appendix, No. 17), Luther's last interrogation took place on Thursday, as well as according to Rühel's report (Document No. 202). In both of these documents, however, Staupitzen's appointment to Cajetan is also attributed to the same day, i.e., a Thursday, while Luther erroneously places it here on Friday. The remark, which De Wette, Vol. I, p. 146, makes about the incorrectness of the date of the above letter, does not apply.

3) This "he" is also to be referred to Staupitz.

4) The letter is the 209th document.

Do you think that I am a man of expense, that I am overwhelmed with so many accusations and insults, that I arouse so much anger and almost scandal in the church? They are disputations (he says), for which I give thanks. I am acquitted, yes, all are also condemned who have rightly challenged me. For the reverend legate himself, by these words, becomes a witness for us that he acted without cause and unreasonably all against me, and did not write this sincerely. Are they not yet ashamed of their tyranny, which they so clearly confess by their own testimony? For what offense can a disputation be accused of? what a disputator, which I am after all, as he confesses here? What did he want with this letter? Is it that we should recognize that brother Martin has done nothing but disputing? And for this reason his adversaries and the most reverend Lord Legate himself were moved against him, and only deceitfully did they carry out slander and injustice against him? For he was cited because of the disputation, not because of the sermons; for they only learned about the sermons after I had been cited. I can defend these (with God's help) more easily than the disputations themselves. For in the latter I doubted many things and did not know them, but there I spoke out of certain knowledge, not out of imagination.

Now let us see that he claims that what I have said in the sermons is "partly condemnable, partly contrary to the teaching of the apostolic see", because for him it is something else to be condemnable and something else to be contrary to the teaching of the apostolic see; perhaps that he is not condemnable who speaks contrary to the teaching of the apostolic see. And so I am again acquitted and justified, because I am accused and cited primarily and solely for speaking against the teaching of the apostolic see, that is, not condemnable, as is distinguished here.

Oh how I would have liked, most Serene Prince, that this letter had been written by some Silvester Prierias, so that it would only have been allowed to be signed with the full freedom of my mind.

seek. I would truly show how difficult it is to cover an evil and unjust conscience with a semblance of right; but now, deference to a very good and kind man compels me to press down the heat of my flowing heart until another time.

But I do not like the fact that he tries to make a kind of Pilate out of the extremely clever and highly perceptive prince. For when the Jews had brought Christ before Pilate, and were asked what accusation they had brought, or what evil this man had done, they said [John 18:30], "If this man were not an evildoer, we would not have delivered him to you." So also here the most reverend lord legate answers, after he had handed over the brother Martin to the prince with many spiteful words, and the prince wants to ask: What then has that poor brother done? He answers, I say:) "Believe me, Most Serene Prince, Your Serene Highness, for I speak the truth out of certain knowledge, not out of uncertain delusion." I will answer for the prince: Create proof that I can know it is certain knowledge. Let it be in writing, let it be in the form of letters, let it not shun publicity and light: when this is done, then I will send Brother Martin to Rome, yes, even capture and kill him. Then I will take care of my honor and my conscience and not bring any stain on my honor. But as long as this certain knowledge flees the light, and can only be heard through the voice, I will not trust in darkness, since even the light is not sufficiently secure. For that is how I would answer, most noble prince. But your highly enlightened wisdom needs neither a teacher nor a counselor. For these coarse French and Roman practices (Italitates et Romanitates, that I say so) have already become the song of children.

Now your Serene Highness may judge what more I should have done or should do. I appeared against the advice of all friends with such great danger to life and well-being that they still say today that I was not obliged to appear. Then I

I gave an account of my statements before the most reverend Lord Legate. I could have answered according to the freedom that I am entitled to by law. I could have answered a word, and not given myself up for any examination, since my explanations about the theses had been handed over to the pope and made known, so that this matter did not concern me, but I only awaited the verdict. For I had already put aside what I had entrusted to the decision of the church, and yet I suffered out of deference to the most reverend Lord Legate that I was even examined. I have not been deceitful [by leaving], but have withdrawn from violence out of quite justified fear. I do not see that I have omitted anything except these six letters: REVOCO [I recant].

By the way, they may condemn, teach, interpret, either the most reverend legate or the pope himself, but they shall not merely say: You have erred, you have spoken evil; but in writings they shall indicate the error, prove that it is evil spoken, give the reason they have, refute the scriptural passages I have cited, they shall teach as they boast in words that they have done, they shall instruct him who desires to be instructed, asks, also wants it and waits for it, which even a Turk would not refuse me. If I see that it must be understood differently than I have understood it, and then should not recant and condemn myself, most Serene Prince, then let your Serene Highness be the first to persecute me, cast me out, and let the men of our university cast me out; yes, I call heaven and earth against me, and may my Lord Jesus Christ himself destroy me. I also speak out of certain knowledge, and not out of uncertain delusion. I do not want God the Lord Himself to be merciful to me, that no creature of God be favorable to me, if I, having been taught better, should not follow.

If they should despise to instruct me, poor brother and beggar, because of all the lowliness of my state, and to lead me back to the way of truth: well then, do it your most Serene Highness, and ask the most reverend Lord Legate that he may do a little

At least write to your Highness about the things in which I have erred and how I must correct the error, so that I may at least hear from your Serene Highness the reasons and scriptural passages with which they can refute my error. If they should refuse this to your most noble Highness, then they may write it either to the Emperor or to some archbishop in Germany. For what else can I do? It is a strange thing that I am accused of having erred, and cannot obtain it, not even by so great a prince, wherein and wherefore they think that I have erred.

Therefore, your most noble Highness may see: he does not refuse me a public disputation (which to this day I do not refuse either at Leipzig, or at Erfurt, or at Halle, or at Magdeburg, or everywhere where the rule of your Highness extends, or where it applies to safe conduct, but rather even ask for it, and God would that I could ask for it), privately he refuses it in the same way, even in writings he refuses to denounce the error, he refuses the judgment of the four most famous universities. If he now adds to this that he rejects the requests of the most noble and very powerful prince, how can I then suspect anything but pure force and deceit?

Therefore, again, and again, and again for the third time, I ask Your Serene Highness not to believe those who say that Brother Martin has spoken evil before he is heard and taught that he has spoken evil. Peter was wrong even after he had received the Holy Spirit; a cardinal can also be wrong, however learned he may be.

Therefore, your Serene Highness will take care of her honor and conscience by not sending me to Rome. For the man has not to command this to your Serene Highness, since it is impossible that I should be safe in Rome, and this would be nothing else than to command your Serene Highness that she betray the blood of a Christian and become a murderer, since even the pope does not live there safely enough. They have paper and pens and ink in Rome, they have innumerable notaries: it will be easy,

to record on paper in what and why I have erred. I can be taught absent by writings with less expense than killed present by deceit.

One thing hurts me in my innermost heart, that the most reverend Lord Legate in his letter covertly stabs at Your Serene Highness, as if I were doing all these things in confidence in the power of Your Highness. For even among us, some liars have pretended that I have disputed these things on the admonition and advice of your Highness, while none of my most trusted friends knew anything about this dispute, with the exception of the most reverend Archbishop of Magdeburg and Jerome, Bishop of Brandenburg. For I humbly and reverently admonished them in private letters before I published the disputation, as it was incumbent upon them to defend against these abominations, that they might watch over the sheep of Christ against these wolves. I knew very well that this should not be brought to the lay princes, but first to the bishops. My letter is available, which has come into the hands of many, which gives testimony of all this. This is how I have acted.

But that now the most reverend Lord Legate would like to attach a stain of shame to your Serene Highness and to the whole flower of the Saxon house and make her hateful to the Pope: so even people nowadays believe that Christ is buried, as if he could not also now speak through an ass and, since the apostles and apostolic men are silent, shout through wood and stones.

But I wish, ask and desire that your Serene Highness in all things adhere to the church and the pope, but be opposed to me in everything, except for this one thing she wants to ask for me (rather for the holy truth, for the honor of the church and the pope, yes also for the honor of the most reverend Lord Legate, finally also for the sake of the good name of your most Serene Highness), that the reasons and scriptural proofs finally come to light, by which, as one thinks, my error is shown. For to condemn me without these [proofs] would be neither for your Serene Highness, nor for the pope, nor for the church, nor for the most reverend priest.

It will be an honorable experience for our dearest Lord Legate. The faithful are trembling, Christ is alive, and there are certainly still people alive who can judge.

But that the most reverend Lord Legate reminds your Serene Highness that if she does not send me to Rome, or chase me out of her lands, the matter will be pursued in Rome etc.: so I do not refuse very much to go into exile, since I see that I am being set up on all sides by my adversaries, and I cannot easily live safely anywhere. For what can I, a wretched and lowly monk, hope for? indeed, what danger have I not to fear? what evil have I not to fear from my envious ones? since they do not even care to offend your most illustrious Highness, although she is such a great prince, such a great Elector of the Holy Roman Empire, such a great promoter of the Christian religion, so extraordinarily that they threaten him, who deserves much better, as you can see, I do not know what misfortune, if she does not either send me to Rome or chase me out of her lands.

Therefore, lest any harm befall your most noble highness for my sake (which I least of all wanted), behold, I leave your land and will go where the merciful God wills, and surrender to His divine will, He will do with me as He wills. For nothing is further from my mind than that any man (let alone your most illustrious Highness) should be brought into disfavor or into any danger for my sake.

Therefore, Most Serene Prince, I respectfully greet E. C. F. G. and simply bid her farewell, and offer my eternal thanks for all the good deeds she has done me. Wherever I may be in the world, I will never be unmindful of your Serene Highness and will always be a sincere prayer for your and your people's welfare.

Furthermore, that the most reverend legate says that the venerable father vicar left without taking leave of his host, what is that to do with Your Serene Highness? The Vicar was not called, this matter did not concern him. He could go, come back, go away, come as he pleased, at any time.

Hour. Did the gates of Augsburg also have to be closed to those going in and out for my sake? But I am afraid that, wherever it may come from, a cause will be gathered and sought against me. For he who wants a thing where he has no thing must necessarily seek a thing.

But now forgive E. C. F. G. for my rambling. I am still cheerful by the grace of God and give thanks that Christ, Son of God, has counted me worthy to suffer in such a holy cause. May He keep E. C. F. G. for eternity, Amen. November 19, at Wittenberg, 1518.

E. C. F. G. unworthy intercessor Brother Martin Luther, Augustinian, with his own hand.

Luther's report of this matter to D. Staupitz.

See Appendix, No. 23,? 2.

240 Luther's request to Spalatin to write him his verdict on the responsibility paper against Cajetan that was sent to him enclosed.

See Appendix, No. 22, ? I.

241: Prince Frederick of Saxony's reply to Cardinal Cajetan. Dated Dec. 8, 1518.

This letter is found in Latin in Aurifaber, tom. I, tot. 108b; in the Wittenberg edition (1550), tom. I, toi. 220b; in the Jena edition (1579), tom. I, col. 197; in the Erlanger, opp. var. arZ., tom. II, p. 409; in Löscher's Ref.-Acta, vol. II, p. 542 and in the Erlanger Briefwechsel, vol. I, p. 310. German in the Wittenberger (1569), vol. IX, p.56; in the Jenaer (1564), vol.I,p. 136; in the Altenburger, vol. I, p. 148; in the Leipziger, vol. XVII, p. 216 and in Spalatin's Annalen, p. 2.

GOtt walts.

Most venerable in God the Father, especially dear Lord and friend! We have received and understood all the contents of your dear letter, dated Augsburg on the 25th day of October and delivered to us on November 19, not by a special messenger, but by a random messenger, concerning Doctor Martin Luther, Augustinian.

Because the said Martinus has appeared in your love for Augsburg, as we have agreed and promised with E. L. at Augsburg, that which we have granted has been done enough. We would also have provided that E. L., after he had been interrogated, would have released Martinum according to her many promises, fatherly and good-willed, and would not have urged him to revoke unrecognized and not sufficiently discussed matters, as Martin indicates. For there are many scholars in our principalities and lands, at the universities and elsewhere; but so far we have not been able to be consistently and irrefutably assured by any of them that Martin's teaching is ungodly, unchristian and heretical, with the exception of some for whose private cause and financial gain his teaching was not useful, who, in order to advise their own advantage, have set themselves in opposition to Martin, but so far they have not yet proven their pretense against Martin.

3 For if it came to us with some consistent reason and proof that D. Martin Luther's teaching should not be Christian and consistent, we would, by the grace and help of Almighty God, instruct ourselves in such a way that no admonition and reminder would be needed. For our mind, our will and our opinion are completely ready for the office of a Christian prince who desires to exercise his honor and conscience with God's help.

Therefore, we did not at all expect that we would have to suffer such a threat in such a state of affairs, namely that the Roman court would pursue this matter and that E. L. would have washed his hands, or that we would be required either to deliver Martin Luther to Rome or to expel him from our lands, and yet for no other reason than that Martin Luther has not yet overcome the offense of heresy. For he would be expelled to the detriment of our university, which, as is known to this day, is a Christian one and has many pious and learned and diligent people.

5 We have also not omitted to hold the letter to Doctor Martin E. L. against us. L.'s letter, to which he answered us, as E. L. will see from the enclosed copy.

6 Because D. Since Martin offers to argue on the basis of the verdict of several universities and at certain ends, and to be obediently instructed and at the same time instructed after the matter has been recognized, we think he should be allowed to do so, or at least the error should be reported to him in writing, as we also want to have requested, so that we know,

why he must be considered a heretic, and why we too have something to follow and be guided by.

(7) For even we cannot hold that he is to be considered a heretic (since he has not yet been convicted) and that he is to be excommunicated. Finally, we would not like to be led astray, or to be found disobedient by papal sanctity.

8 We did not want to restrain your love, which we blessedly command God the Almighty to abstain from. Date Altenburg on the 8th of December, Anno 1518.

Luther's testimony of his heartfelt joy against Spalatin, which he felt when reading the Electoral reply to Cardinal Cajetan, together with his thoughts about it.

See Appendix, No. 25.

6) How Luther was prompted by this persecution of Cajetan to appeal to a general concilium.

243 Appeal of D. Martin Luther from the proceedings of Pope Leo X against him to a general concilium, Wittenberg, Nov. 28, 1518.

to Cajetan of August 23, 1518 [that is, the 176th document]. In this, the reformer already found himself condemned, and even if he initially regarded it as forged (see Doc. 177), it nevertheless showed him what he had to "take care of" in Rome. Thus the time had come which he had set for his appeal to a future general council. Already on the day of his return to Wittenberg, October 31, he informed Spalatin that he would handle it. On November 28, he performed the act before a notary and witnesses: however, we know nothing of a public announcement by notice." - Only with the condition that all copies would be sent to him, Luther had given this document to the press: if the ban would be pronounced over him, he wanted to spread them, otherwise not. But almost all of them had been sold before he was informed by the

Luther did not learn anything about the completion of the printing. Since Luther in his letter to Spalatin of December 9 only remembers the act of the appeal, but in the letter to Wenzel Link of December 11 already expresses his disapproval of the printer's procedure, we may well regard December 10 as the day of publication. The Elector Frederick had been opposed to the publication, but he had warned Spalatin too late. To some, the appeal seemed too lofty. Two years later, banned by the pope, the reformer renewed it.

cUinm, in total 76 continuous lines. After that, three prints probably made by Valentin Schumann in Leipzig, 4 leaves in quarto. Likewise, a cursory impression by Martin Landsberg in Leipzig, and a Basel print. An impression in octavo is available, which is made after the eclitio xrinc:ep8. In the "Gesammtausgabe" it is found in Latin in the Wittenberg (1550), tom. I, cob 231; in the Jena (1579), tom. I, col. 2055; in the Erlanger, oxx. var. ar^., vol. II, p. 438 and in the Weimarschen, vol. II, p. 34. Also in Löscher's Ref.-Acta, vol. II, p. 505. German only in Walch. This entire document, although a reference would have sufficed (as was done in the Jena edition, tom. II, col. 257 b), is reprinted in the Erlangen edition, oxx. var. ar§., tom. V, x. 121-128.

1. in the name of the Lord, amen! In the year of Christ 1518, in the sixth indiction, on Sunday, the 28th of the month of November. of November, the sixth year of the papal government of the most holy in Christ the Father and of our Lord Leo, by divine providence of the tenth pope, the venerable father, Mr. Martin Luther, an Augustinian of Wittenberg, master of sacred theology, and there ordinary senior lecturer of theology, and especially for theology, has, in my presence as a public notary, and in the presence of the witnesses specially called and requested for this purpose, and there ordinary supreme lecturer of theology, and especially for himself, without herewith revoking anything of his lawyers appointed by him in various ways, or thereby depriving them of anything, had and held in his hands a professional or appeal document, in the opinion and intention to appeal, and therefore to seek letters of reprimand (apostolos) to a higher court: saying, telling, appealing and calling, for certain and lawful causes contained and stated in the very note, to the nearest and immediate future concilium lawfully assembled in the Holy Spirit, excluding all other angular rolls and meetings or assemblies, and

would be entirely rejected; thereby protesting and doing everything else as it is more fully contained, stated, and described in said Appeal Petition, the contents of which thus read and are as follows:

2. Since the remedy of appeal has been invented by the authors of rights for the consolation and refreshment of the oppressed, and the rights permit to appeal not only from the inflicted, but also from future inflicted and threatened burdens and wrongs, so that an inferior may not refuse to go to the superior, or may close the hands of the superiors; and it is sufficiently admitted that a holy council, lawfully assembled in the Holy Spirit and representing the holy catholic church, is above the pope in matters of faith, so that even the pope cannot order in such matters that no appeal be made from him to the council, because he would then be doing what is not proper to his office; In addition, the appeal is such a defense, which according to divine, natural and human rights is due to everyone and which the prince himself cannot revoke.

3. Therefore I, brother Martin Luther, of the order of the hermits of St. Augustine at Wittenberg, master unworthy of holy theology, and of the same highest ordinary teacher there, have appeared especially and for myself before you, the public notary, as a public and credible person, and the witnesses present here, with the intention and opinion to call, appeal, and to demand and receive the apostles (or referral to higher ones), but with the express and solemn protestation (or assurance) that I do not intend to say anything against a certain holy catholic and apostolic church, which I consider to be the master of the whole world and therein supreme, and against the prestige of the holy apostolic see, also of our most holy lord the pope, if he is well informed, violence. If, however, out of weakness or irritation on the part of the adversaries, I should perhaps miss something that was not said correctly or reverently enough, I am willing to improve and change it.

4. because he who represents God on earth, whom we call pope, as a man like us, adopted from men, and, as the apostle says [Heb. 5:2], surrounded with weakness, can err, lack, lie, become vain, and is not exempt from the common saying of the prophet [Ps. 116:11.], "All men are liars"; and St. Peter, as the first and holiest of all popes, has not been free from this weakness, that he walked in harmful hypocrisy against the truth of the gospel, so that he had to be punished sharply, but still holily by the apostle Paulas, as to the Galatians Cap. 2, 14. is written: We believers in Christ are instructed and made certain by such a glorious example, which the Holy Spirit has shown in the church and left in the Scriptures, that even if a supreme pontiff should fall into the very weakness of Peter or similar infirmities, and command or conclude something If a supreme pontiff should fall prey to the weakness of Peter or similar infirmities, and should command or resolve something contrary to divine commandments, he should not only not be obeyed, but should also be confronted with the apostle Paul, and the lower members of the body should, as it were, take care of the weakness of the body as a whole and remedy it. And for the perpetual and salutary remembrance of this example, it may have happened, as malt not indistinctly recognizes, by special divine providence, that not only St. Peter, but also his salutary punisher, Paul, became protectors and governors of the holy Roman church with each other and at the same time; so that we would always be reminded of this necessary and highly useful example, not only by Scripture, but also by a visible monument, namely both the heads and we members. And if, through the violence of the powerful, one should gain such an upper hand that he could not be resisted, then there is still left the remedy of appeal, which was mentioned earlier, by which the oppressed may be raised up.

5. which also I, the above-mentioned brother Martinus Luther, taking the aforementioned way and intention, thus say and present:

6. that, since in recent times indulgences were granted by some (as they claimed) apostolic com-.

660 ri.440-442. Cajetan's behavior n. L.'s departure. Section 3, no. 243. w. xv,800-802. 661

They began to preach unrighteous, heretical and blasphemous things in order to suck the money out of the people, for the seduction of believing souls and the highest mockery of the church authority; as their booklet, which is called Summary Instruction 1), clearly shows, especially about the pope's power over purgatory, since it is certain from the Canon Abusionibus etc. that the pope has no power over purgatory, that the pope has no power over purgatory, and that the whole church and all teachers agree that indulgences are nothing but a remission of the penances of satisfaction imposed by their judge, as the text clearly states C. quod untern, etc. But the penance of satisfaction, which the spiritual judge (or confessor) has imposed, is nothing else than works of fasting, prayer and almsgiving etc., therefore by the keys of the church that cannot be remitted which is not imposed by them; likewise that from 35. Dist. C. Qualis, etc., it is clear that in purgatory not only punishment but also guilt is remitted, but the church can no more remit guilt than it can confer grace:

7 Since I, based on such reasons, have opposed their foolish and dishonest teachings in the manner of disputing, those who raged for gain first began to declare to the people with the most impudent outrageousness, with public clamor, that I was a heretic, and then also to accuse me before our most holy Lord Leo X., through a certain Mr. Marius of Perusco, the Procurator, as one suspected of heresy. through a certain Mr. Marius of Perusco, the Procurator, as one suspected of heresy. And since, through this same Lord, before the persons of the most reverend lords and fathers, Jerome of Ghiuucci, Bishop of Ascoli, the chamber interrogator, and Silvester Prierias, palatii magistri, they finally obtained the order to cite me, they have had me cite or summoned to Rome by them to appear there in person.

8 Since I was hardly safe from reenactments in Wittenberg, much less such a great

1) In the original institutio instead of instructiv. - It is read the 72nd document.

I could not undertake a journey or remain safely in Rome, because I was both a poor and a weak and sickly man, and the aforementioned judges were suspicious of me for many reasons, especially because the venerable father Silvester was already my adversary and had published a discussion 2) against me, and was not so well versed in the Holy Scriptures as this matter required, but Jerome was more versed in law than in theology, so it was rightly feared that he would concede too much to Silvester's theology, because the matter did not belong to his science at all: So I have made a request through the most illustrious prince, Lord Frederick, Duke of Saxony, Archmarshall of the Holy Roman Empire, Landgrave of Thuringia, Margrave of Meissen, that the matter be transferred to people who are unsuspicious, but righteous and honest men.

9 Then, armed with crude and rude cunning, they managed to get your most holy Lord Leo etc. to refer the matter to themselves, that is, to the person of the most reverend Lord Thomas, Cardinal St. Sixti, then Legate of the Apostolic See in Germany; because he was the head of the Order of Preachers and of the Thomist party, that is, of my repugnant party. Sixti, at that time legate of the apostolic see in Germany; because he was the head of the order of preachers and of the Thomistic, that is, of my repugnant party, and so it was easily hoped that he would decide against me for them; or that I, as it seems credible, frightened by the mere sight of this judge, would not appear, and thus be accused of contumacy (or of disobediently remaining outside). Nevertheless, I have relied on God's truth and have come to Augsburg with much trouble and great danger, where the most reverend Lord Thomas, Cardinal St. Sixti etc. has also accepted me quite kindly. The latter, having set aside my protestation and offer of inheritance, by virtue of which I offered to answer either publicly or privately, before a notary and witnesses, and also before four eminent men, the imperial majesty's councillors, added that I had submitted myself and my speeches (or teachings) to the holy apostolic see and the judgment of the four noble universities.

2) The "Dialogue," St. Louis edition, vol. XVIII, 310.

I was not willing to submit myself to the laws of Basel, Freiburg, Leuven and the mother of all universities, the famous University of Paris, and only insisted that I should recant without fail, that he would not show me my errors, nor would he present me with reasons and testimonies by which the error could be recognized by me, No doubt out of too great partiality against his brothers, and assuming the form of an unjust judge, he finally, if I did not recant, regardless of all my pleading and desire that I wanted to learn, and my requests for instruction, threatened me harshly and cruelly according to the contents of an apostolic breve, and ordered me not to come before his eyes again.

10 Injured by such complaints, I appealed at that time from his unjust and violent presumptuousness and from his pretended commission to our most holy Lord Leo X, who would have been better informed, as is widely contained in the appeal note concerning this matter. Now, however, since this appeal has also been spurned (as I said), and yet to this day I desire nothing more than that I be shown the errors, be it by whomsoever it may be; which I again solemnly testify, and if it is proven to me that I have taught something improper, I am quite prepared to recant; after which I have also submitted my entire disputation to the pope, so that I have nothing more to do than await the verdict, for which I am still waiting to this day, but nevertheless, as I have heard, and said most reverend Mr. Thomas, Cardinal St. Sixti, has sent a letter of appeal to the Most Reverend Father. Sixti, writes to the most illustrious Prince Frederick etc. writes, proceedings are being taken against me at the Roman court, and by force of the very same our most holy Lord etc. the supposed judges continue to press the matter to my condemnation, without paying attention to my faithful and superfluous obedience, since I appeared at Augsburg with such trouble and difficulty, nor to see my honest offer, since I offered to answer publicly and in particular, yes, to despise a sheep of Christ, who humbly asks to be instructed about the truth and to be brought back from error, but without hearing a reason or giving a cause, out of honesty, without any reason, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all, without any reason at all.

Tyranny and fullness of power only urge the revocation of an opinion which I believe to be true in conscience, and want to tempt me to deny Christ's faith and the right understanding of the revealed Scriptures (as much as my conscience can grasp it): since the power of the pope is not against or over, but for and under the majesty of Scripture and truth, and the pope has not received authority to destroy the sheep, to throw them into the jaws of wolves, and to deliver them into error, and to the teachers of error, but to call them back to the truth (as befits a shepherd and bishop, Christ's governor): and I therefore feel hurt and burdened, seeing that by such violence it will come to pass that no one will dare to confess even Christ Himself or to teach the Holy Scriptures in his own church, and that I will thus also be driven by force from the true, sound Christian faith and understanding to vain and lying opinions of men, and be plunged into seductive fables of the Christian people:

11. Therefore, I hereby appeal from the said our most holy Lord Leo, who is not well reported, and the above-mentioned alleged rulers and judges, and their summons and proceedings, and all therefrom made, or still to be made, and every part thereof, and from all banishment, suspension, and the judgments of the interdict, ecclesiastical penalties, fines, and all other proclamations and declarations (as they claim) of heresy and apostasy which they or any of their number have in any way undertaken or intended, fines, and all other proclamations and declarations (as they pretend) of heresy and apostasy which they or any of their number have in any way undertaken, done, or intended to undertake, do, and intend to undertake, do, and intend to do, and of their nullity (without prejudice to their other honor and respect), as unjust, unreasonable, wholly tyrannical and violent things; as also of all future grievance that may come to me therefore, both for myself, and for all and every one that shall cleave or cleave to me, to a future concilium, which shall be lawfully, and to a safe place, where I, or my attorney whom I shall desire to send, may and may safely come tendered; and to whom or to whom I shall otherwise by right, use, liberty, or otherwise

664 L.v.a.ii,444f. Cajetan's behavior n. L.'s departure. 3. sect., no. 243 ff. W. xv,E-E 665

I appeal and may appeal, and appeal and appeal in these writings, and ask for the first, second and third time, imploringly, imploringly, most imploringly, that the writ of referral to the higher court (or writ of appeal, apostle) be given to me, if there were anyone who would and could give it to me; and especially from you, the Lord Notary, letters of testimony. And testify that I want to pursue this appeal of mine on the grounds of nullity, abuse, injustice or inequity, or otherwise, as best I can, with reservation to add to or subtract from it, to change and improve it, and to make myself partaker of all other legal good that is competent to me or to those who now hold to me and want to hold to me in the future.

12) Since he has now entered (or laid down) this note before me and the witnesses set below, as reported above, he has testified and expressly protested that he could neither come himself nor through a lawyer to the one from whom he has appealed, both for fear of many who would pursue him and his life, and of the one from whom he has appealed, as well as because of the dangerous ways.

Therefore he has requested from me, the public notary, with due diligence, that such a certificate of appeal (apostvlos), as was due to him by law, be issued and given to him. To whom, therefore, at his request, I hereby have such apostles (or appeal slips) as are due to him, or letters of testimony, produced and issued by this public writing. About all and every of which he requested from me, your final signed notary, that one or more public or public instruments (deeds) be made and drawn up.

This was done at Wittenberg, Brandenburg district, in the year, indiction, day, month, and papal government, as above; under the government of the most glorious Maximilian, Roman Emperor, about 3 o'clock, in the Corpus Christi Chapel, situated in the parish churchyard there, in the presence of Christoph Behr, by holy apostolic and imperial authority Vicecomes in Costnitz, and

of Hieronymus Papiß, clergyman of the district of Hof (Curiensis), as witnesses requested and called.

Luther's complaint about the printer who, contrary to his promise, issued the printed copies of this appeal under his own hand, in two letters to Wenceslaus Link and Georg Spalatin.

See Appendix, No. 24, § 2 and No. 25.

Luther's report to Spalatin that he had appealed.

See Appendix, No. 26.

See Annex, No. 24, § 1.

D. How the Elector accepted Luther's imperial trousers.

247: Prince Frederick of Saxony's letter to Degenhard Pfeffinger, his minister at the imperial court, to bring about a settlement of Luther's case.

Dat. 19 Nov. 1518.

This letter is found in the Wittenberg edition (1569), vol. IX, p. 58; in the Jena edition (1564), vol. I, p. 134; in the Altenburg edition, vol. I, p. 147; in the Leipzig edition, vol. XVII, p. 214 and in Löscher's Ref.-Acta, vol. II, p. 550.

GOtt walts.

By the Grace of God Frederick, Duke of Saxony, Archmarshall and Prince of the Holy Roman Empire.

1) Dear faithful one, after you know in what way we have left the Cardinal, Doctor Martin Luther, at Augsburg by Papal Holiness Legate, 1) so that we should let him come to Augsburg to interrogate him; as the said Doctor is at Augsburg, 1) so that we should let him come to Augsburg to interrogate him; as the said Doctor is at Augsburg, 1) so that we should let him come to Augsburg to interrogate him; as the said Doctor is at Augsburg, 1) so that we should let him come to Augsburg to interrogate him.

1) secreted - arranged.

and appeared before the legate, as you know, to hear what he had erred in with his teaching and writings, with the offer of inheritance, when such was constantly made known to him, that he would gladly renounce it and consider himself a Christian man.

2 But no further objection or request had been made against him, except to revoke his writings and teachings; that he, because what had been erred in them had not been published, had been complained of, and had therefore appealed. And the legate let himself be heard against the doctor: if he did not want to recant, he should no longer come to him. Thereupon the doctor departed and turned again to Wittenberg.

3 And recently a document was sent to us by the aforementioned legate, in which it is stated, among other things, that the Cardinal reminds, admonishes and asks us to respect our honor and conscience, and either to send D. Martin to Rome, or else to expel him from our lands, because he does not want to recognize his error and keep it with the entire Christian church.

We should also know that this deal would not last long, because they would deal with it in Rome; he wanted to have his hands washed. Which we do not provide, because Doctor Martinus, according to his inheritance, is unconquered in standing appeal.

(5) Since you know that we have sent you several times in this matter to the Imperial Majesty and

Hansen Renner sent, and Renner let himself be heard against us, that imperial majesty would write to Rome, and thus see into the matter, so that it would be put to rest. Now we do not know what the Imperial Majesty has done in this matter, and therefore our request is to you, where you are or would be with the Imperial Majesty, to inform her Majesty of this with submission, and thereupon to ask her Majesty humbly to reinstate the matters, so that the matter may be settled and satisfied, or be interrogated by unsuspected persons in Germany.

6 In view of the fact that Doctor Martinus is afraid if he is constantly reported to be mistaken, he will gladly recant and remain obedient as a Christian man. But without this it is difficult for him to make a retraction, as you and every impartial person must undoubtedly respect.

7 You will also request Hans Renner, Zigler, and others, and remind them of the fact that Renner has been put off in this matter, and request them to help you once again to ensure that Your Imperial Majesty will show mercy in this matter.

(8) And what thou wilt accomplish and obtain therein, that wilt thou make known unto us most conveniently by thy writing, that we may be directed according thereto. In this you do us favor to recognize in grace. Date at Grimme, on Friday, St. Elisabethtag j49. November, 1518.