The new Imperial Diet at Nuremberg, which was to begin on December 11, 1523, was attended by the Elector of Saxony at the beginning of December, but was not opened until January 14, 1524.
A. From the Campegiu's attachments in Electoral Saxony.
738. the breve of pope Clement VII to
Chursachsen, dated Dec. 7, 1523, in which he reminds the Elector to behave in a way that is appropriate for his house.
This breve is found in the Latin Wittenberg edition (1551), tom. II, toi. 407 k; in the Jena (1566), tom. II, loc. 571; and in the Erlangen, opx. var. urZ., tom. VII, 61.
Pope Clement VII.
Beloved Son, Blessedness and Apostolic Benediction. The other day we wrote to your Serene Highness, when we heard that she would either have already left for the Imperial Diet in Nuremberg or would still be leaving, that we, who at that time had dispatched our beloved son Jerome Rorarius, our housemate and chamberlain, there, wanted to send an apostolic nuncio as soon as possible, so that he would be helpful in our stead in matters concerning the apostolic see, in taking care of everything that can promote the peaceful state of this country and the salvation of souls.
We have decided to send our beloved son, Cardinal Campegius, an exceedingly intelligent and very learned man, also knowledgeable of this country and hopefully quite pleasant, to the higher honor of the nation we have always loved, who, through the help, favor and reputation of your Serene Highness and other princes and princes, will do and accomplish what seems to be beneficial and useful everywhere.
3. In dispatching this and leaving it to us, we exhort your Serene Highness in the Lord to travel to the Diet itself, where it has not yet happened, according to her duty and the requirements of the cause, which will not displease the Almighty God, and there to take every care that our Legate, which we send to you with such dignity, will not only arrive safely, but will also be received reverently and listened to most graciously by you and others, as is due to Your Serene Highness (who has had so many Roman popes and emperors as advocates of the popes), and we hope that this will happen. Given in Rome at St. Peter's, under the Fisherman's Ring, Dec. 7, 1523, in the first year of our papal dignity.
To the beloved son, the noble man, Frederick, Duke of Saxony, Elector of the Holy Roman Empire etc.
739 A somewhat more extensive breve of 15 Jan. 1524.
This breve is found in the Latin Wittenberg edition (1551), tom. II, toi. 408.
Translated into German.
Pope Clement VII.
1st Beloved Son, Blessedness and Apostolic Benediction. When we heard that a famous imperial assembly of the ecclesiastical and secular princes and estates of Germany had been announced at Nuremberg, at which your Serene Highness would also appear according to her duty and obligation: we took good hope in the Lord, that by the joint appeal of the praiseworthy German nation, and especially by the power of those who have always meant well with God and His cause, and have sighed at the daily misery of all Christendom, as well as of Germany in particular, the confused state of affairs would be counteracted and remedied.
(2) So that we do not miss anything in this, we sent ahead a few days ago the beloved son, Jerome Rorarius, of the Emperor Maximilian, of glorious memory, but now our housemate, and we are now also preparing the beloved son, Laurentius, of the title of St. Anastasia Cardinal, Campegius, our and the apostolic See's Legate de Latere, a man of great skill and wisdom, to be present in the assembly itself. Anastasia's Cardinal, Campegius, our and the Apostolic See's Legate de Latere, a man of great skill and prudence, that he may open in the Assembly itself, and wherever else it may be necessary, our efforts, counsels and concerns which we bear for the tranquility and benefit of all Christendom, and especially of this country, and, after your consultation with him, find a means of establishing tranquility and peace.
3. Although we do not doubt that your Serene Highness will faithfully assist our legate, the Cardinal, as we know that according to your exceptional spirit you are like your ancestors in their glorious virtues, we have no hesitation that you realize that the peace and security of all, especially of those who are your equals, rests on peace and harmony in this country: we have not thought it superfluous to ask you cordially and to remind you paternally that, if the benefits of God remind you otherwise of thanksgiving to Him, where you consider the welfare of the Fatherland and of the German nation, upon which your welfare also depends, let us remember
We hope that the misery of the whole oppressed Christendom will be close to your hearts, as indeed it is and should be close to your hearts, and that you will all show your loyalty, honesty, respectability and power in the execution of this most sacred business, so that the disputes in Germany may be settled and the noble and wholesome peace and harmony may be established in this country, but that those who live in it, and especially rulers and authorities, may remain in their dignities. Our love for this famous nation is indescribably great, to such an extent that we would like to see its benefit promoted as our own, and wish that mighty Germany, after the domestic disturbances have been settled, may regain its former glory by asserting the common and Christian welfare, which has almost completely fallen into disrepair.
(4) Accordingly, in this important matter so pleasing to God and affecting the common good, we remind your Serene Highness in the Lord that by diligence and Christian good counsel she may bring about glory and praise for herself, and that she may heartily please us, who desire it most of all, and in so doing direct both her eyes to God's and her honor. For which important service we promise to be grateful, as the above-mentioned Cardinal-Legate will speak to your Serene Highness in our name, to which you will attach all faith. Given in Rome at St. Peter's, under the Fisherman's Ring, the 15th of January, Anno 1524, of our Papal dignity in the first year.
Yes. Sadoletus.
To the beloved son, the noble man, Frederick, Duke of Saxony, Elector of the Holy Roman Empire etc.
740 Letter from Campegius to the Elector Frederick of Saxony, February 29, 1524.
This letter is found in the Latin Wittenberg edition (1551), tom. II, toi. 408 d.
Translated into German.
Most Serene, Most Reverend Prince, Most Esteemed Lord, Hail and a will inclined to all obedience beforehand.
When I came to Nuremberg on the fourteenth day of this month and heard that Your Serene Highness had already departed from there, I regretted this very much, partly because it happened against my suspicion, partly because I foresaw it,
The intention of my delegation would be greatly diminished if I could not speak with Your Serene Highness. For apart from the short breve 1) which I had to hand over to you from Her Papal Holiness Clement VII. I received many other orders from you during my dispatch, which are now either to be postponed to another time, or to be delivered by me through ambassadors and letters, and of which the former is not convenient, but the latter is very burdensome for my legation, for this matter cannot well be postponed, nor can it easily be delivered by letters, otherwise it would have been better if I had not undergone this so arduous journey at all.
Because the circumstances of the time have brought it about in this way, and, as we all know, one must send oneself into the time, I will endeavor in this letter to satisfy to some extent both the request of His Papal Holiness and my office, and therefore send with the same to Your Serene Highness His, our most holy Lord's, breve, together with a solicitation of many blessings and assurance of a sincere love in the Lord. Although some things have been said about Your Serene Highness, which seem to speak for the new heresies emerging at this time, neither the pope nor I think of such things. For from the day that I first saw Ew. Serene Highness, I have perceived, in addition to other excellent qualities and those befitting a righteous prince that I have encountered in your Serene Highness, this one, which is indisputably the greatest and most brilliant of all, that they hold above godliness and bear a special zeal for the apostolic chair, which has made such an impression on me that I will never let go of this good opinion of them, let others see and speak what they will.
(3) And I am not distressed by Germany's unheard-of change and turning away from true godliness to new customs and unrest, with which some people, as I myself have seen and experienced, are infected, because I am well aware of what a great difference there is between the minds of the rabble, which is always eager for innovations, and those of princes and illustrious men, from whom rights and laws flow as from their sources. That His Serene Highness is at the top of the list is clear to me both from their
1) No.738.
The people of the city are not only aware of their own conduct, but also of their special virtues. For what outstanding services and monuments they and their ancestors have rendered to the Holy Apostolic See and the Christian religion is so well known that no testimony is needed.
4) Such virtue and godliness are required by His Serene Highness the Most Holy Lord [Clement VII.2) to an even greater degree in these times, when, because of all kinds of tearing unrest and innovations, the princes should have such a religious timidity and elevation of mind that they not only cannot tolerate without pain the perverse manner and the courageous will of the people against the laws and authorities, but also wish to oppose them and emphatically punish their nonsense. Such aids and means have never been taken in most places in your country, since the further and deeper this evil, if neglected, can spread, the more resolutely and steadfastly one must oppose it. For what can princes or authorities expect if they go by the head of the mob and allow it to know the customs and sacred ordinances? This is, indeed, a most dangerous and extremely ruinous thing, if it is not stopped.
5 What damage this evil could cause is more than evident, as we have recently had great examples in Bohemia and Hungary, where these things have caused such disorder that ecclesiastical and secular, public and private matters have been mixed up, and everything has been thrown into confusion, and unrest has arisen that has not yet been able to be settled. And who would doubt that the same thing would happen in Germany, if one did not put a stop to the ungodly undertakings of those who start such innovations, and oppose, not the freedom, but rather the insolence of the foolhardy mob, which, since it has raised its head against the holy orders and the holy religious decrees, and has unabashedly fallen away from them: what will it do to the princes and authorities, against whom it anyway harbors a constant aversion? How beautifully and happily in this case those will act who laugh at those who have such things in mind and undertake them against the Roman church, a blind man can see. For one
2) In Latin, instead of the name, it says: "X."
It must not be thought that because of 1) such confusions and ungodliness the ecclesiastical reputation or freedom has been diminished or overthrown, but that the honor and reputation of all German princes will fall completely.
When Pope Clement VII, who by divine grace sits at the helm of the regiment, saw this storm, he sent me out from his side (a latere suo) to this cause as his legate to these lands, that he, like all German princes, so also Ew. Serene Highness in particular, to remember the great danger posed by me, to protect against such great unrest by means of his help, service and assistance through me, and to incite them to restrain and curb this rage; not with the intention of leading his cause, or that of the Roman court, but yours, that of the whole of Germany, of the common people, indeed, of Christ.
For this reason, he gave me this letter on my departure, 2) to your Serene Highness, and ordered me to remind her, according to its contents, to do everything that can bring peace to Germany, prestige to the church, and glory and benefit to your dignity. For what else I could do for you, I do not see. For we wish nothing but all that is holy and good for all Germans and their noble nation. We are also sent to them to raise up the fallen, to rebuke the erring, and to keep all those who return in the bosom of love and of the Church, which we herewith publicly testify and steadfastly affirm. As I have confidently taken upon myself the burden of such an important office, although aware of my weakness, trusting in your Serene Grace's goodness and godliness, so also in carrying it out I will make every effort to be of service, zealous, faithful and diligent to your grace.
8 It will therefore not be contrary to Your Serene Highness's goodness and godliness to receive me, who have come here with this intention, and to assist me with their favor, help and advice, as it will be beneficial and advantageous to my cause, which I request from Your Serene Highness. And although I do not doubt their goodwill towards me and the Holy Apostolic See, it should be very dear to me if they, after their kindness, communicate to me in writing what seems good to them in the matter and expect from me all that is necessary.
1) ad stands in the Wittenberg instead of od. (Walch.)
2) No. 739.
I would like to do what they can expect from a man who is eager to serve them and to maintain their reputation and benefit, as I hereby offer all my work and services and myself to Your Serene Highness and recommend them in the best possible way. May God keep Your Serene Highness in good health and prosperous well-being for a long time to come. From Nuremberg, the last day of February 1524.
Your Serene Highness Most Sincere
Laurentius Campegius, Legate.
To the most illustrious and highborn Lord, to be highly esteemed by me, Lord Frederick, Duke of Saxony, Elector of the Holy Roman Empire etc.
B. About the passing of this Diet, and how the making of it has caused great opposition, as well as about other actions taken at this Diet.
741. farewell to the imperial Diet, held at Nuremberg on April 18, 1524, in the names of the emperor, his governor and brother Ferdinand, and the emperor's envoy, Joh. Hannart, as well as the electors, princes, prelates, counts and estates.
From Lünig's Imperial Archives, xart. Zensral. oout. I, x. 446.
We Carol the Fifth, by the grace of God chosen Roman Emperor, at all times Major of the Empire, Grain in Germania, in Castile, in Arragon, in Legron, in both Sicily, in Jerusalem, in Hungary, in Dalmatia, in Crvatia, Navarre, to Granada, to Toledo, to Valence, to Gallicia, Majorca, Hispalis, Sardinia, Cordova, Corsica, Murcia, Gien, Algarbia, Algezira, to Gibraltar and the Canary Islands, also the Indian Islands and the Terra firma of the Sea Oceani etc. Archduke of Austria, Duke of Burgundy, Lorraine, Brabant, Styria, Carinthia, Carniola, Limburg, Guelders, Wirtenberg, Calabria, Athenarum, Neopatriae;
Count of Habsburg, of Flanders, of Tyrol, of Görtz, of Parsiloni, of Artois, of Burgundy; Count Palatine of Hainault, of Holland, of Zeeland, of Wert, of Kyburg, of Namur, of Roussillon, of Ciritani
and Zütphen; Landauf in Alsace, Margrave of Burgundy, of Oristanr, of Gortiani, and of the Holy Roman Empire Prince of Swabia, of Catalonia, Asturia etc. etc., Lord of Friesland, of the Wendish Mark, of Portenaw, of Biscaja, of Molin, of Salins, of Tripoli and of Mecheln: confess and declare manly: After at our next Imperial Diet held in Nuremberg by the illustrious Prince Don Ferdinanden, Infante of Hispania, Archduke of Austria, Duke of Burgundy etc. etc., our friendly dear brother and governor in the Holy Roman Empire, also princes, prelates, counts and estates of the same, in a brave number and some important matters incumbent on the Holy Empire acted and conferred, and in part of the same of their performed and -held points and articles, as namely: The maintenance of peace and justice, with the establishment of a common train in the Holy Roman Empire, decided, until our approval, to establish part of the same as the execution in the Holy Roman Empire. Item, to show a plot to a constant persistent help against the enemy of the Christian name, the Turks, etc., and to bring them behind them to their countryside and subjects, so that they will meet another day on St. Margaret's Day [13. July 1523], they united and settled, so that on the same day we should first send our message and have to open our will and mind on the above mentioned points of peace and justice, and for the sake of this and other articles, together with our Electors, Princes, Prelates, Counts and Estates, Councils, which they should then also have at Nuremberg, certainly with complete authority, to finally decide all the contents of the farewell taken at the same Imperial Diet. But our message did not arrive at Nuremberg on the above-mentioned St. Margaret's Day, due to noticeable hindrance, nor did the lesser part of the councils of the princes, prelates, counts and estates of the time appear, so that nothing final or fruitful may have been acted or decided on account of the above-mentioned points. Since the aforementioned our brother, for urgent movable causes, as well as for the noticeable benefit and necessity of the Holy Roman Empire, has again called a general Imperial Diet in our name, for the final execution and resolution of the above-mentioned points and articles, as well as others of the Holy Roman Empire, at Nuremberg, on which day a large number of Electors of the Holy Roman Empire will again be present.
Princes, Prelates, Counts and Estates in their own person, also their full power embassy, obediently appeared. To this end, we hereby declare the noble, our and the Holy Empire's dear faithful, Johann Hannart, 1) Burgrave of Limbeck, Knight of the Order of St. James, our councilor, supreme secretary, and the Holy Roman Emperor. We have also ordered our council, supreme secretary and at this time orator in the Holy Roman Empire, with complete authority and instruction, together with the above-mentioned our brother, as governor, also our and the Holy Roman Empire's princes, princes and estates, and their embassies, to act, advise and seriously decide on the aforementioned articles, as well as other burdensome duties incumbent on the Holy Roman Empire at this time; How they then all with special, high diligence took such unordered and unresolved points and articles again before themselves, sat about them with timely council, discussed and decided, as follows:
First of all, after we have not considered it good and fruitful, due to many movable causes and requests, that we should erect the common imperial customs for the maintenance of peace and justice this time, we have graciously requested through the above-mentioned orator sent by us to the Electors, Princes, Prelates, Counts and Estates, to search for other means and ways for the maintenance of the Regiment and Chamber Court. However, since after much diligence they cannot this time find an adequate, .Since, however, after much diligence they may not find a suitable or convenient way this time, our governor, our orator, upon our authority and order given to them, have, with our and the empire's princes, princes and estates' subsequent maintenance of the regiment and chamber court, for the next two years, amicably and benevolently agreed and united, namely that princes, princes and estates shall be friendly to us, Princes and Estates, as a friendly and subservient favor, shall and will maintain and transfer to us half of the maintenance of our regiment and chamber court in the Holy Empire for the above-mentioned two years, and we as Roman Emperor shall and will maintain and transfer the other half of the regiment and chamber court, in which our Houses of Austria and Burgundy shall be counted with their due imposition. The first year shall begin at Whitsun in the near future [May 15, 1524], and the laying of the present charge by us and the estates of the same first year shall be accomplished in two ends, viz.
1) In Walch's old edition here and in the caption: "Haunart".
Frankfurt fairs. And the first target of such payment shall fall at the next Frankfurt Autumn Fair [Aug. 29].The first target of such payment shall fall at the next Frankfurt Autumn Fair [29 Aug.] and shall be immediately and irresistibly deposited and paid behind the mayor and council of the cities of Augsburg, Frankfurt, Nuremberg or Esslingen, and all this shall be delivered and handed over to the collector, who shall then, at their request, give a thorough and clear account of his income and expenditure to these and other governors, princes and estates of the Holy Roman Empire, or to whom they may order it, every two years.
2. On the other hand, our governors, with the knowledge of our orator and the common estates of the realm, have established at our first Imperial Diet in Nuremberg, in accordance with our regimental regulations, that our regiment and court of justice have been moved and changed from Nuremberg to Esslingen for mobile reasons, and thereupon ordered the administrators of both, regiment and chamber court, to dispose of the chancery acts and actions, together with the persons belonging to them, to the best advantage in Esslingen. So that they are most certainly all there in Esslingen before the holy day of Pentecost. And since there will be a good time for the change of such places in the outward journey and with the preparation of the lodgings and other things useful for the regiment, we, our governor and orator, have suspended all regimental and chamber court matters, trades and business until Tuesday after the holy day of Pentecost, and have therefore graciously allowed the present regimental persons to move to Esslingen.
3. However, if between Pentecost and the date of this farewell, or the time before the regiment, content of the above described order and settlement is set, in these swift runs and uprisings, some serious uprising would arise in the holy realm, or something brave would happen, our governor shall and may require one of the electors, two, three or more of the twelve princes, who are at any time seated nearest to his beloved, to come to him at a place and time convenient to him, and describe them, but that such shall not take place via Augsburg or Cologne, who shall also appear at his beloved. Or, if they are prevented from doing so due to matrimonial reasons, they may nevertheless send a public council to his beloved, and together with it advise him on such matters for the best. However, if the matters
or otherwise be so contemptuous or needy that they do not want to await the request and arrival of the princes, and the same princes therefore do not come or send their advisers at the request of our governor, nor shall it be necessary to trouble such princes for that reason, our governor shall and may then act for himself, as if the regimental persons were even with each other, for the best and most skillful, in accordance with our regiment's order and farewell.
4. Likewise, our governors and orators, together with our and the empire's princes, princes and estates, have unanimously agreed that our regimental order, as initially established at Worms, with the timely and courageous advice of all princes, princes and estates of the empire, Princes and Estates of the Empire, assembled there at the time, shall be and remain in force in all and every one of its points, articles, contents and opinions, as it stands in the letter, and the contents thereof shall be acted upon, excluding the following points.
And most importantly, according to the same order, the number of two and twenty persons in the Holy Roman Empire of Princes, Princes and others shall remain in the regiment next to our Governor, so that the greater part and at least fourteen persons of the Council shall always be with the above-mentioned Governor. Thereupon, princes, counties and estates, their councils belonging to the regiment, are to be summoned on the next Whitsun Tuesday [17. May 1524] without further trial, so that [the same appointed councillors] may take into their hands on the following Wednesdays, or on Thursday at the latest, all or some of the matters incumbent upon us and the Holy Roman Empire, and may most faithfully deliberate and act upon them, in accordance with the order of the regiment and its farewell. And for the most beneficial, since the maintenance of the Regiment and the Chamber Court is not granted for more than two years, to consider in the meantime other means and more convenient ways, how such maintenance may be carried out after the end of such two years, without any special complaints of the Estates.
6th And since the six electors and twelve princes and prelates ordered to sit in the regiment in their own person, for movable causes and other their excellent business, and especially in these rapid runs, is burdensome, our governor and orator, also electors, princes and estates have united, if a elector, prince or prelate, whom the order to sit in the regiment concerns, does not sit in his own person.
may appear, that then the same Elector, Prince or Prelate may send an excellent councilor, with full authority, to sit in the regiment at the beginning of his fourth year, until the end of the same, and do his duty like other regimental councilors; half the pay, which would have been due to the Elector or Prince by whom he was sent for the same fourth year, shall also be given to him. And in order to keep the regiment stately and respectable, also in good reputation, and to attract the attention of men, our governor and orator, princes, princes and estates, so that every quarter of the year a prince, ecclesiastical or secular, sits next to our governor at the reported our regiment, have agreed to the following opinion of the session of princes and princes. Namely, that the Archbishop and Elector of Cologne and the Bishop of Strasbourg, as well as Duke Heinrich of Mecklenburg, as reported co-princes of Cologne, shall personally sit at the said regiment during the first quarter of the year, which is to begin on Whitsun Tuesday, and each of them shall send a public council.
The other quarter of the year, which is called the sixth in the treaty of Worms, in which Margrave Joachim, Elector, the Bishop of Augsburg sit in his own person, and the Elector of Brandenburg and Margrave Philips of Baden send their advisors.
The third quarter of the year, in which the Cardinal and Archbishop of Mainz, Elector, sits, and the Cardinal of Salzburg, and Duke Frederick, Count Palatine, as associated princes, Duke Frederick shall sit as the secular prince, and Mainz and Salzburg shall send their valiant councils.
The fourth quarter of the year, in which the order concerns Palgrave Ludwig, Elector, the Bishop of Bamberg and Duke George of Saxony, Palgrave Ludwig shall sit in his own person, and Bamberg and Saxony shall send their advisors.
The fifth quarter of the year in which the Bishop of Trier, the Bishop of Würzburg and Duke Wilhelm of Bavaria are to sit, the Bishop of Würzburg shall sit in person, and Trier and Bavaria shall send their councils.
The sixth quarter of the year, in which Duke Frederick of Saxony, Elector, the Bishop of Speyer, and Margrave Casimir of Brandenburg shall sit, the reported Bishop of Speyer shall sit in his own person, and Saxony and Brandenburg shall send their councils.
12. the seventh quarter of the year in which the bi-
1) In the old edition: "des".
In turn, the Archbishop of Cologne, the Bishop of Strasbourg and Duke Henry of Mecklenburg shall sit, the Duke of Mecklenburg shall sit in person, and the Archbishop of Cologne and the Bishop of Strasbourg shall send their advisors.
In the eighth quarter of the year, the Elector of Brandenburg shall sit in person, and the Bishop of Augsburg and Margrave Philips of Baden shall send their advisors.
And the personal sitting of the Electors and Princes at the Regiment shall now follow the indicated measure and order of the two years, and thus be kept irresistible, also thirteen weeks shall be counted for a quarter of a year.
15 If, however, one of the princes or rulers, ecclesiastical or secular, should have to provide his fourth year for marital and honest reasons and should not wish to sit personally in the aforementioned regiment, the said prince or prince shall request another prince or prince and ask him to take his place for the fourth year of the same once, so that the order established at Worms remains in force.
16 If one of the aforementioned electors or princes were to come and sit in the regiment in person, he shall be permitted to take one of his councillors with him into the regiment, who shall also do his duty. Likewise, our governor shall be permitted to take two councillors into the regiment. However, the same councillors whom the governor, elector or prince take with him into the regiment shall have no vote.
17. Our governor, orator, princes and estates have also united so that no delay or default may appear in the filling of the regiment: If any Elector, Prince, District or Estates should fail to appoint or send his Councillors to the Regiment in accordance with the Regulations and this moderation, our Governor or Regiment may then appoint and reimburse the same persons at the place where they would be lacking, in all measure as the Councillors of the Councils of the Councils, established in accordance with the Regulations at Worms.
18. our Governor and Regiment shall refer all judicial proceedings and justifications to the Court of Appeal and other ordinary courts.
19 And this improvement and settlement of our regimental order, established at Worms, shall otherwise be unbroken in all other articles, of which no special report is made here, and shall especially exist and remain with their dignities and powers.
(20) Further, our judge in chief in the realm, the content of our order, shall be established at Worms, be-
and all this is ordered and provided here according to good inquisition and investigation of necessity.
21. Item, although at the next Imperial Diet at Nuremberg, at the vehement pleading of several princes and estates of the empire, a special article in the same treaty, should the urgent aid of the four thousand men of the next crazy year against the Turks be granted, stipulated: that for this no estimate shall be made, nor shall anyone be obliged to give it, unless those who complain of being excessively afflicted had first been given a fair measure of moderation in their imposed fee. However, such moderation would not be possible for half the time, nor for more than half of the complainants, absentees, and other causes; nor would it be possible for this present charge to be granted for the entertainment of the Regiment and the Court of Appeal for more than half the time, and thus for the Estates of the Realm to be discharged of half the burden, and for each of them to benefit from it in a way that is suitable and unburdensome.
22. However, in order that the aforementioned agreement on its points may be followed, and that the complainants may not complain any further, and that they may therefore make some withdrawal or cause for their non-payment: Our governor, orator, electors, princes and estates have agreed and united that the complainants and complainants shall therefore be granted moderation according to their ability and opportunity, on their sufficiently thorough and constant presentation of their assets; and our governor and regiment shall, upon each complainant's request and presentation, as now reported, ring-fence and mediate his or her tax and assessment of the fee; however, each complainant shall apply to our governor and regiment at Esslingen within two months, the next after such assessment has been made known to him or her and announced to him or her. Then, if such two months pass and he does not apply, he shall not be heard any further, but proceedings shall be taken against him for his tax, which he shall also be obliged to pay.
Item 23: As many of the princes, princes and estates have now brought up and complained to our governor, orator, princes, princes and estates about all kinds of complaints, our governor, orator, princes, princes and estates have invited the honorable scholars of ours and of the kingdom, Rudolffen of Ehingen, Johann Vogt, Heinrich
Heiminger, both teachers of law, and the Electors, Princes and Estates Hieronymum Enckhorn, the Archbishop and Elector of Cologne, Simon Reibeisen, Provost, the Bishop of Worms, and Johann von Dockheim, the Duke of Jülich, Cleve and Berg Embassy, also the teachers of law etc., who will act in kindness between the plaintiff parties, and if it does not take place, then inspect all acts and complaints of the same parties, and at Whitsun in the near future will make a report of it to our governor and regiment at Esslingen. The same our governor and regiment shall decide in these matters the parties of their error, together with those now affected, who have inspected such action, in the most beneficial way, and these are the same complaining parties: the Archbishop of Trier, Count Palatine Ludewig, both Electors, and the Landgrave Philips of Hesse, against Frobin's judgment pronounced by Hutten. Duke Wilhelm and Duke Ludwig of Bavaria, against our chamber judge and assessor. The city of Augsburg and its several special citizens, content of their handed over writings, the common city against the regiment. Lorraine on account of the accusations against the Fiscal and Doctor Friesen. Item, the counts' complaints, which they have brought forward now and at the previous Imperial Diet, or still have, to be acted upon after the present and next session. Item, the bishop of Würzburg with his handed over writing.
24. And after we, together with princes, princes and estates, have decided at our Imperial Diet held at Worms, after many actions and counsels, from no final execution in the Holy Roman Empire, on the concept and chamber court order, but have ordered our appointed governor and regiment to issue a concept about it with timely counsel, As a result, an opinion was reached, which was then presented to the next Imperial Diet held before it by our governor, princes, princes and estates, who made several necessary changes to it, discussed it, but nothing was finally decided, but was taken into further consideration by all the estates of the empire until this Imperial Diet.
(25) Although now, by virtue of the present Imperial Diet's decree, it should finally have been acted upon and decided upon once again, it may not have been done here for honest reasons.
1) In the old edition: "shall".
26. To ensure that there is no lack of due execution of sentences pronounced 1) in the Holy Roman Empire, and that no one may complain about this, our governor and orator, as well as princes, princes and estates, have decided to execute and enforce the sentences pronounced against their subjects and countrymen, and other sentences pronounced with execution, according to the content and by virtue of our Court of Appeal, recently established at Worms, the content of which our governor and regiment, whenever the case of disobedience arises in this way, shall enforce seriously and keep strictly to it; Also, if necessary, other princes and twelve princes shall be appointed to the regiment, or shall require their councilors to join them, and together they shall deliberate how the execution should and may be carried out in the most tolerable manner.
27. For all sorts of reasons, nothing definite could be done here, and therefore it was decided that our governor and regiment, at the next meeting, should take the advice of several princes and princes, mintmasters and guards of the past summer and present it to them, They shall take it in hand, together with some mintmasters and guards, as well as the twelve princes' councils, which they require for this purpose, inspect it, consider it according to necessity, and then announce their decision to the realm, and order to mint according to it. However, the princes and other estates are not bound by the laws and regalia of the mint. Even if our governor in the holy realm of time would not be at the reign, nothing final shall be decided for this reason without the knowledge of his love. But if his love is not within the country, then his love shall not command anyone else to decide it. And when the permanent coin has been found and established, it shall then be duly established, so that no coined silver or gold is taken out of the holy realm, and also with our governor, such as the Elector of Saxony, Archbishop of Salzburg and others who have mines, it shall be most skilfully negotiated for a permanent silver purchase, for the permanent preservation of such coin.
28 Item, since the bats of this time are of an excessively low value, and are also dragged down much more wickedly among the good, which is then a noticeable secret complaint of the common man in the holy realm: therefore it is resolved, at all the
1) "Urtheils" put by us instead: Urtheil.
to order those who coin coins with seriousness not to coin any half or whole coins until further notice; as our governor is now to declare immediately at high penalty and to keep serious order about it.
29. item, because by our instruction, besides others of the monopolies and forbidden purchase, our mind and opinion so declared, sosern of the same forbidden cause, according to and according to the ability of our next letter given to the estates, namely, as is right, and that acted according to legal knowledge, we also let ourselves like such opinion. But after we have heard how some articles are to be made for this reason, it is our opinion that such articles should be sent to our governor in the holy realm and to skilled orators, who should examine these articles in our stead and on our behalf and then act according to equity and necessity. Thereupon the said our governors and orators shall and will, collectively and especially, or will, upon special diligent request and remonstrance now made at Nuremberg, the princes, princes and estates of the Holy Roman Empire such monopolies, as much as is in them, in the most favorable way, in accordance with the law, so that no one may complain and complain about it in a legal or reasonable way, and this shall be done in the most favorable way, as between here and Frankfurt Lent. If, however, this is not done in due time, it shall be set up in accordance with imperial law and according to the decree of 1512 at Cologne, among others, and shall be kept in place so that such complaints are stopped.
30. As our instruction, so that we dispatched our message, Johann Haunraten, to this Imperial Diet, also contains, among other things, that we provide that the estates of the Holy Empire, as protectors and guardians of the faith, should have obediently lived and complied with our mandate issued at Worms with the approval of the electors, princes, prelates, counts, and all estates, and that they should have administered the same, and that this should not have happened, so that the common Christianity of the German nation would have no small complaint; For this reason, we have again made our request and demand that every prince, count, prelate, and city for itself, as well as for its subjects, be willing to do this and be obedient, so that our mandate issued at Worms may be followed obediently again. To this
Upon such request, our and the Holy Roman Empire's princes, prelates, counts and commoners, as obedient members of the Holy Roman Empire, have united and resolved to obediently live, observe and comply with our mandate as much as they are able.
(31) To this end, every authority shall exercise due care in its printing works and elsewhere, so that disgraceful writings and paintings are for the time being completely removed and not spread further; and that for the sake of the printing works, the contents of our mandate are kept. If, however, anyone encounters or is prevented from doing so, he may report this to our governor and regiment; they have orders from us, as we also hereby earnestly command them, to provide assistance and advice to those requesting it, to uphold it, and to execute our mandate with all diligence. And so that the good may not be suppressed next to the evil, and finally it may be discussed how each one should behave in this matter: We have governors and orators, as well as princes, prelates, counts and estates of the empire, present here, as necessary, of a common free universal council of Christendom, which, by papal sanctity, with our permission, may most beneficially take place, if such can always be done, to be proclaimed and advertised in appropriate places in the German nation, as is proper, and considered hereupon with papal sanctity legation acted upon, which accepted to bring such to papal sanctity, and to promote it most faithfully; and shall, nevertheless, in the meantime on St. Martin's Day. Nevertheless, a general assembly of the German nation is to be held in Speyer in the near future on St. Martin's Day, where, as mentioned above, it is to be considered and discussed how a general council is to be held, at which each prince, prince, prelate, count and other estates of the empire are to appear in their own person. If, however, this does not happen, then he shall send one or more of his brave and excellent councillors with complete authority to act and conclude the matter.
32 And thereupon it is written and commanded to princes, rulers, and estates, and especially to those who have high schools in their principalities and cities, to make through their learned, honorable, experienced, and understanding councils an abstract of all new teachers and books, what is found disputable therein, and to submit the same to us, or in our absence, to our governor,
The more we advance at the above-mentioned assembly, the more fruitful and beneficial it will be for us to proceed in trade at the future Council 1). Our governor and regiment, as well as the princes, prelates, counts and estates of the empire, shall also take special care that the holy gospel and the word of God are preached and taught in the meantime according to the true understanding and interpretation of the teachers accepted by the common churches, without turmoil and agitation. The complaints of the German nation by the secular princes and estates against the See of Rome are also to be reported at the next Imperial Diet held here, and then the secular complaints against the clergy are to be reported to the councils and persons ordered by princes, princes and estates as mentioned above, to be deliberated, assessed, and, together with their discretion as to how the same should be directed and brought to a satisfactory course, to be brought before us or our governor, princes, princes, and estates at a future general assembly of the empire, and in such a case the necessity shall be considered and decided.
33. Item, as also at the present Imperial Diet Papal Holiness, likewise our brother, the King of Bohemia and Hungern, with our governor and orator, also princes, princes and estates of the Holy Empire, again, with narration, in what nobility and armament the Turk stands, minded, this future summer to overrun the crown of Hungern violently, and to bring it under his tyrannical power; With attached report, in which way the Hungarians are completely incapacitated by the protracted war they waged against the Turk many years ago, so that they are unable to resist the Turk on their own without the power and help of other Christian believers, and therefore they have once again requested and asked for substantial and most diligent help. Since our governor and orator, as well as the princes, princes and estates, have found it necessary for our brother, King of Bohemia and Famine, to be skilful in this matter, and also for the Crown of Famine to appear with assistance, for many excellent reasons, they have judged it necessary with public counsel: So Princes, Princes and Estates have granted to the most illustrious Prince Don Ferdinand, Prince of Hispania, Archduke of Austria and Burgundy, our Governor in the Holy Roman Empire, after
1) Maybe: Handle?
his love united with the crown of Hungern this summer, of a brave resistance on horseback and on foot against the Turk and compared, the two fourths of the foot soldiers of the 20,000 men, which granted us to our Rome march, and of the next year, contents of the same held imperial diet attack, The two-fourths of the 20,000 men granted to us for our march to Rome and promised to the Crown of Famine for urgent aid, reported to our governor, to the Crown of Famine for consolation, and so that they on both sides might resist the Turk all the more sturdily, have now been granted and promised anew for urgent aid, but in men and not in money.
34 And every city of the realm shall deliver the two-fourths of the money due to them, as it was announced last year, between St. James's Day and the mayors and councils of the cities of Augsburg, Frankfurt, and Nuremberg, and our governor shall issue mandates in our name for this purpose and notify each of them of his due share, according to the previous estimate, to be paid between the aforementioned times.
Because such help of the two fourths has a specified time, namely six months and no longer. So that this help is not used in vain, nor other than to resist whether the Turk wants to make a mighty move this summer, so much shall be done with our friend and cousin, the Bishop of Augsburg and Duke Wilhelm of Bavaria, that they shall, at the request of our governor, take the money deposited by the estates from the mayors and councils of the above-mentioned cities, at the request of our governor, to require, collect and receive from the mayors and councils of the above-mentioned cities where it has been deposited, to take in and appoint captains and servants, to send such people to our governor and to have them accounted for at the future assembly of the Holy Roman Empire of princes, lords and estates.
If the Turk sits still this summer and does not do anything to starve the crown, so that this urgent help of the two fourths will be unnecessary, the same money shall nevertheless remain behind the mayor and council of the above-mentioned cities until the next future meeting, when other persistent help shall be given. And if the same is found, or if this urgent help will not be needed or used in the meantime against the Turks, each town shall certainly be given its money again.
37 Further, after our governor, orator, and also princes, princes and estates have been highly praised, the
Because the Turk is so serious in extending and expanding his power into Christendom with daily, careless pressure, that a mighty, powerful, persistent army is needed to resist him bravely and fruitfully 1). And this time, at the present Imperial Diet, for manifold, mobile, valiant reasons, necessity and finally nothing of it may have been done; and especially considering that the Turks' power by sea and land is somewhat valiant and great, and that such a noble resistance cannot well be made without the help and assistance of other Christian powers, and that above all it will be necessary to first make a common peace in the Holy Empire, and especially between the Christian chiefs: Our governor, orator, and princes and estates of another common assembly of the holy realm have, on St. Martin's Day, most earnestly desired that a common peace be first made in the holy realm, and especially between the Christian heads. The same has been sent to each of the estates, and on the above-mentioned day, our governor, orator, and electors, and estates of the Holy Roman Empire have agreed with another common assembly of the estates on St. Martin's Day, most recently at Speyer, on a note of common assistance for such persistent and brave resistance and action, but on further consideration, and to bring it to the attention of each subject and kinsman. And on the above-mentioned day and time, each prince, duke and estate shall appear in its own person, or through its authorized attorney, and open its permanent opinion on the matter, so that it may finally be decided with timely counsel how such persistent action against the Turks should be taken.
Item 38: The imperial treasurer is to be ordered with seriousness to proceed against the disobedient who have not yet paid their share of the one and a half quarter of the foot soldiers who were granted and provided for urgent aid against the Turks in the past, and also against those who have not yet paid their fee for the maintenance of the regiment and the chamber court for the past two years, so that the same may be brought about by the disobedient. And what is paid out of both outstanding amounts shall first be delivered to Duke Frederick of Bavaria two thousand, and Adam, Count of Beichling, to our chamber judge one thousand gülden, of which they are promised, content of the next parting, as for worship. And that Duke Frederick of Saxony, Elector, and the Bishop of Wuerzburg, of their resignation, which was done to them during their session, also Count George of Wertheim and others, who are still indebted to them.
1) "Heerzug" put by us instead: Herzogs.
and paid, and the rest, deposited behind the mayor and council of Frankfurt, will not be moved from there without the knowledge and will of the estates, but will remain and be kept on further notice of the place 1).
Thereupon we promise and promise to keep and execute all and everything as written above and which Emperor Caroln touches us with our imperial dignities and words steadfastly, unbreakably and sincerely, to comply and live with it strictly and without refusal, and not to do, undertake, act or allow anything contrary to it, nor to allow anyone else to do it for our sake, except all danger. In witness whereof we have hereunto affixed our Imperial Seal.
39. We Electors, Princes, Prelates, Counts and Lords, as well as the envoys and rulers of the Holy Roman Empire and its free and imperial cities, hereafter called, also publicly confess with this farewell that all and every of the above-written points and articles have been made with our good knowledge, will and counsel, which we also grant in force of this letter; We do, in good faith and in good faith, promise to keep and perform as truly, steadfastly, firmly, sincerely and unbreakably as each of us may concern or be concerned with his sovereignty or friend by whom he is sent, or by whom he has been given power, and to comply with and live by them to the best of our ability, without any danger.
40 And these are the following written, we the princes, counts and lords, the free and imperial cities, embassies and rulers of the Holy Roman Empire:
By the Grace of God, we Reichard, Archbishop of Trier, of the Holy Roman Empire, through Gaul and the Kingdom of Arelat, Archchancellor and Elector. Ludwig, Count Palatine of the Rhine, Duke of Bavaria, Archchancellor and Prince of the Holy Roman Empire. Cardinal and Archbishop of Mainz, Archchancellor and Elector of the Holy Roman Empire through Germania etc., Doctor Caspar von Westhausen, Chancellor. The Archbishop of Cologne, Elector 2c, Diether, Count of Manderscheid and Blankenheim; Hans, Lord of Schleiden and Hieronymus Enkhorn, Doctor of Laws and Canonicus of Cologne. Duke Friederich of Saxony, Churfürst etc., Philipps von Feylitsch, Knight. Margrave Joachim, Elector etc., Doctor Gangolff Rodwig etc. Ecclesiastical princes, so allhie personally appeared: Albrecht, Hofmeister in Prussia, German Order, Margrave of Brandenburg, of Stettin, of Pomerania, the
1) In the old edition: "love".
Cassuben and Wenden Duke, Burgrave of Nuremberg and Prince of Rügen. Weigand, Bishop of Bamberg. Conrad, Bishop of Würzburg. Bernhard, Bishop of Trent. Sebastian, Bishop of Brixen. Dietrich of Cleen, Master of the German Order in Germany and the French lands. These are the messages of the ecclesiastical princes. The Archbishop of Salzburg, the Elector of Trier. The Bishop of Worms, Doctor Simon Reibeisen, Provost. The Bishop of Eichstädt, Philipps Hildebrand, Canon. The Bishop of Speyer, Georg von Schwalbach, provost there. The Bishop of Augsburg, Wilhelm von Knörringen. The Bishop of Freisingen, Magnus von Schellenberg, Doctor, and Melchior Sottor, Licentiate of Law. Of the Bishop of Passau, Hieronymus Meyring, Doctor. Administrator of Regensburg, Georg Brenner, Doctor. The Bishop of Ratzenburg, Balthasar Schmid, Canon there. Bishop of Constance, Jacob Croll, Doctor.
Secular princes who appeared in person. Duke Wilhelm and Duke Ludwig, Palgraves on the Rhine, Dukes in Upper and Lower Bavaria. Duke Frederick, Count Palatine on the Rhine, Duke in Bavaria, and as counsel to Duke Otto Henry, and Duke Philip of Bavaria. Casimir, Margrave of Brandenburg, of Stettin, Pomerania, Duke of Cassuben and Wenden, Burgrave of Nuremberg, and Prince of Rügen. Messages of the secular princes: Duke George and Duke Henry of Saxony, Landgrave in Thuringia and Margrave of Meissen, Doctor Ott von Pack. Duke Johann of Cleve, Jülich and Berg etc., Doctor Johann von Dockheim, called Frieß, and Johann Ganwgref, Licentiate. Duke Otten and Duke Ernsten of Brunswick and Lüneburg, Friedrich Burdirn, provost at Ysenhagen. Duke Ott and Duke Philipps, Count Palatine of the Rhine and Duke of Upper and Lower Bavaria, Duke Heinrich of Bavaria, Duke Johann, Count of Spannheim, Hieronymus Veysen, Doctor of Law. Duke Ludwig zu Veldenz, Doctor Hieronymus Veysen. Of the Landgrave of Hesse, Johann Teigen. Margrave Ernst and Margrave Philipp of Baden, Doctor Hieronymus Veysen. Duke Albrecht and Duke Heinrich of Mecklenburg, Balthasar Schmid, Canon of Ratzeburg. Count Wilhelm von Henneberg, Ludwig von Beimelberg zu Lembsfeld. On behalf of the prelates: the coadjutor at Fulda, Doctor Caspar Westhausen, Mainzi.scher chancellor. Gerwig, abbot of the church of Weingarten, for his own sake. And Heinrich, Abbot of Markthal, by force Sebastian of Kempten, Rudolphen of Freidingen, Lendcommenthur of the Ballei in Alsace and Burgundy, German Order. Conrad of Kai-
sersheim, at Salmonsweilen. Johann at Elchingen. Andreas zu Ochsenhausen, Peter zu Irrsung. Johann at Rod. Jakob at Mindemau. Johann of Schussenried, all abbots of the Abbot of St. Heimeran at Regensburg. Gerwig, Abbot of Weingarten, and Georg Brenner. Of the Abbot of Weißenburg, Doctor Simon Reibeisen, Provost. On account of the counts and barons: Count Bernhard of Solms, of the counts who sat in and around the Wetterau, and of whom he has command. Count Georg von Werthheim and the von Gerolzeck, of all the counts in Swabia; of Count Reinhard von Bitsch, Simon Reibeisen, provost and doctor. On behalf of the free and imperial cities: Augsburg, Conrad Herbard, mayor there. Frankfurt, Haman Holzhausen. Regensburg, Goslar, Doctor Krauß. Offenburg, Gengenbach and Zell, Johann Justenhpffer, town clerk at Offenburg. Ulm, Bibrach, Gemünde and Älen, Bernhard Besserer, Mayor of Ulm. Freiburg, Lorenz Quol.
And for further evidence We Reichard, Archbishop of Trier, of the Holy Roman Empire, Archchancellor of Gaul and the Kingdom of Arelat, Ludwig, Count Palatine of the Rhine, Duke of Bavaria, of the Holy Roman Empire, Archduke, both Electors; and we Albrecht, Grand Master of the German Order, Margrave of Brandenburg, Stettin, Pommem, Duke of the Cassuben and Wenden, Burgrave of Nuremberg and Prince of Rügen, of our and all spiritual; and we Friederich, Count Palatine of the Rhine, Duke of Bavaria, on behalf of ourselves and all the secular princes, also affix our seal to this farewell letter, given in our and the Empire's city of Nuremberg, on the eighteenth day of April, after the birth of Christ, fifteen hundred and in the fourth and twentieth, of our kingdoms, of the Roman in the fifth and of all others in the ninth year.
742 The protest of the Electors and Princes of Saxony, and also of the Counts and Lords, against the Imperial Decree at Nuremberg, April 20, 1524, and its § 28.
From the Hofrath's Brother Collection of Various, Mostly Unprinted Writings, p. 26.
Protestation Herr Philipsen von Feylitzsch, exhibitum et lectum die Lunae post Misericordias Domini [April 20] Anno 1524.
1. ewren Churfl. Princely. I have asked for more than one favor and friendship before.
1) In the old edition: "Gegenbach".
shows that my most gracious lord, the Elector of Saxony, has left me here at the Imperial Diet on account of his and his Elector's brother. The most gracious Lord, the Elector of Saxony, on account of his brother and his Elector's Grace, has left me here at the Imperial Diet after his leave, and has given me permission and authority from His Electoral Grace and the same brother, that I am to be married to the Elector of Saxony. I am to act and decide with the Imperial Stendencies, as he then indicates and brings my authority, to which I then also willingly and obediently pledge myself. However, of other articles, which are not reported in the letter, and of the order at Wurmbs, by Kays. Mt.'s own person, all princes, rulers and common sovereigns of the Holy Roman Empire, I would not nor would I want to be accepted in the same. Since my power does not extend as indicated, I will not allow it, nor will I grant it on account of my most gracious and gracious lords. Hereupon I again rely.
2. on the other hand, I will also, for the sake of my most gracious and gracious lord, in no way approve of the fact that Cays. Mjt. Highness to harm, peace and justice in the Holy Roman Empire, 2) to cause uproar and indignation, and to oppose those who decided on the recently held Imperial Diet, which I hereby publicly protest and denounce.
Where, however, something is taken and to be acted upon, which is reported in the letter with 3) which is to the praise and honor of God the All-Mighty, King of Bavaria and the Holy Roman Empire. Mjt. and the Holy Empire, and such would reach my most gracious and gracious lords, I do not doubt that your princely and princely lords will be represented herein as Christians. I have no doubt that your Lordships and Princes will herewith present themselves as Christian Princes and Princes in praise of the Almighty, in honor of the Holy Roman Emperor, and in honor of the Holy Roman Emperor. Mjt. to honor, and to the empire to use and wolfarth to know how to keep. I ask that my protestation and counter-submission be considered and forgiven, for I do not intend nor am I willing to exceed the measure of my authority, which I also protest against.
4) Thirdly, that my most gracious lord the Elector should have his deputy at the regiment in Essling at Whitsun in the near future, and if this does not happen, that my most gracious lord the Duke of Ertz, as the key city governor, should have the power to appoint and order another in his place. If this is not the case, then my most gracious lord, the Duke of Ertz, as the key city governor, should have the power to appoint and order another in his place, 5) and I do not want to grant it, because I protest.
Philips von Feyltzsch, Knight.
2) That is, disruption. In the old edition: "to disruption".
3) Maybe: nit?
4) Maybe: "who" [would be]?
5) This refers to § 17 of the previous document.
Graven and Mr. Protestation.
Most Illustrious Prince, Holy Roman Emperor, Our Lord Most Gracious, City Holder. And your Mt. Orator, Most Reverend, Most Illustrious, Most Illustrious, Most Gracious Lord and other sovereigns of the Holy Roman Empire! 1) Previous days, when E. F. Durchleuchtigkait, Churfürstlich, Fürstlich Gnaden und ander Stend des hailigen Reichs zu Underhaltung Regiments und Khamergerichts zwey Jhar, die nechsten khommend, gewilliget,
Likewise, concerning the mandates that are to be issued against Martin Luther and his doctrine, we two have acted on behalf of the counts and lords, because of which we have all here, at this Imperial Diet, let ourselves be heard beforehand loud and clear, that we, on behalf of our friends, have not submitted to it and in such a way that such a thing would not be appropriate, but too contrary, to the most recent Imperial Diet held at Nuremberg, and therefore we could not or would not consent to it,
If, however, there is good hope that our friends in their complaints will be averted and accepted, as is fair, and after the above-mentioned farewell, you will keep to it without question and in accordance with justice etc. We note, however, that such a thing will be set forth unseen in the parting of the last Imperial Day. As we three have protested 2) we have consented; therefore, on behalf of our cousins, brothers, and friends, we have submitted ourselves to the F. F. D. and to the Imperial Orator, Elector, and Prince. We therefore, on behalf of our cousins, brothers and friends, before E. F. D. and the Imperial Council, Princes, Princes and other sovereigns, have caused ourselves to protest and testify that we do not want nor consent to this parting. 3) We hereby protest and testify publicly, now as then, and then as now, that we do not want nor consent to this in any way, nor therefore with anything in disobedience to Kays. Mt., E. F. D., nor to anyone else. With submissive pleas, we do not wish to consider this in any other way than in accordance with our great necessity, graciously and kindly, and we intend to provide ourselves with this graciously and kindly, and to deserve it. etc.
Bernhart Graue to
1) In our template, there is only one comma here.
2) It seems to us that the word "protest" is too much here.
3) "gehelen" - gehellen, to give our consent.
C. How enraged the emperor was by the papists' blowing in about the parting, and by the letter of complaint and very sharp edict sent by him to the estates on this account! Letter of complaint and very sharp edict.
743 Act on the Roman Catholic religion, at a convention in Regensburg, by the governor of the empire and some Catholic estates on July 6, 1524.
From Lünig's Imperial Archives, part. general. covtin. I., x. 454 - Walch has erroneously placed this document here with the wrong information in the heading: "at the Imperial Diet in Nuremberg" instead of: at a convention in Regensburg". It actually belongs in the third section of this chapter, before No. 748.
We Ferdinandus by the Grace of God, Imperial. Majesty in the Roman Empire Stadtholder, Prince and Infant in Hispania etc.
Mattheus, Cardinal of the Holy Roman Churches, Archbishop of Salzburg.
Wilhelm and Ludwig, brothers, Count Palatine of the Rhine, Duke of Upper and Lower Bavaria.
Bernhardt, Bishop of Trento.
Johanns, Administrator of the Regenspurg Abbey, Count Palatine of the Rhine, Duke of Bavaria,
And we, the most illustrious, high-born princes and lords, Migandt, bishop of Bamberg.
Mr. Jörgen Bischoffe zu Speyer, Pfaltzgrafen etc.
Mr. Wilhelm, Bishop of Strasburg.
Mr. Christoffen, Bishop of Augspurg.
Mr. Hugo, Bishop of Costnitz.
Mr. Christoffen, Bishop of Basel.
Herr Philips, Bischoff zu Freysing, Pfaltzgrafen.
Herr Ernst, Administrator, Pfaltzgraffe bey Rhein, Hertzog in Obern- und Niedern-Bayern.
And Mr. Sebastian, Bishop of Brichsen, herein charged with but violence, and therefore for our Principal's ratification, promised counselors, publicly confess with this letter, and announce it to all:
1. when the most powerful prince and lord, Mr. Carl, Roman Emperor etc. our dear lord and brother, most gracious lord and cousin, also most gracious lord, at the recently held Imperial Diet at Wormbs, with councillors and of the H. Roman Empire electors, princes and estates. Roman Empire, Princes and Estates, at the request of Pope Leo X, against the seductive and heretical doctrine, which was condemned long ago by the Holy Fathers and the Christian Church, but which has now been abolished by Martin Luther.
In the year of the death of Luther, his successors, and others, an edict and mandate has been issued, on which it was also decided in the Imperial Diets held at Nuremberg in the M. D. and xxjjj. and now in the xxjjjj. year. Year, and in the same decrees it is understood that the Kayserl. Edicts shall be obediently lived and complied with, as far as the Imperial Estates are able. Which edict we and our principal not only recognize as Christian, but also consider necessary for the suppression of all rebellion and evil, which result from the touched and condemned doctrines and which have to be taken care of daily.
Therefore, at the request of the Most Reverend Lord Lorentzen 1) Copey, of the Holy Roman Church of the title of Anastasia Cardinal, Papal Holiness Dean, who has also given his authority, will and approval in place of Papal Holiness, we have resolved and agreed that we and our Principal shall be the above-mentioned Cheys. Edict of Wormbs, and also the decrees passed and issued at the two imperial congresses at Nuremberg for this reason, in our and our gracious lords' principality's sovereignty and jurisdiction, will keep and execute them, and will act and proceed with punishment against those who violate these edicts and decrees, as follows.
3. firstly, that we and our principals praise God Almighty and the Mother of God, and all the dear saints, and also the heavenly host in honor of Papal Holiness and Imperial Majesty and the edicts, mandates, and decrees that have been issued. Majesty and the edicts, mandates and decrees issued therefrom, and for the benefit of our and our Principal's subjects and relatives, 2) the Holy Gospel and other divine Scriptures, in accordance with the common Christian principles. The Holy Gospel and other divine scriptures, according to the common Christian understanding, as the teachers accepted by the Holy Church have taught them. They also accept and keep their doctrine with good, merciful customs and conduct, confirmed by the shedding of their blood, and do not want to suffer or allow such a gospel to be preached in order to prevent laudable Christian customs and traditions, good words and deeds and true Christian brotherly love, nor have they ever interpreted it in any other way.
4. and whether anyone has committed damned heresies or blasphemies against Christ our Savior, His most blessed Mother, the Virgin Mary, and the dear saints, or otherwise, that appears to be the case
1) Laurentius Campegius, papal legate.
2) In the old edition: "Hayl, to God".
If a person may stir up, preach, or otherwise spread sedition among the common believers in Christ, and is found guilty of this by his own confession or credible knowledge and experience, he shall be punished for this, in accordance with the Imperial Edict, and according to the nature of his fault, crime, and conspiracy.
5. And so that the holy word of God may be understood and interpreted according to the right belief, without fear or excitement, but rather preached with humility, we want to and shall order in our and our gracious lords' principalities and bishoprics, so we will and shall order in our and our gracious lords' principalities and bishoprics, provinces and territories, that no one shall be admitted to preach in the church unless he has been examined by his ecclesiastical ordinaries and declared fit and sufficient for this purpose, and has to produce a credible certificate.
6 Similarly, the preachers who have preached up to now shall be examined as to their suitability, and no Winckel preacher shall be permitted.
7. Thus the Papal Legate, with the advice, consent and approval of us and the envoys in place of our principals, has adopted and decided upon an order for the abolition of abuses and the establishment of a merciful, chaste conduct and behavior in the clergy, which we want to bring into the truck, and in our and our gracious lords' principality, prebendalships, archidiaconates and capitularies, and keep it, so that such order may be lived obediently and in a good image by the clergy and priesthood, so that the unrighteous may be brought to obedience and punished according to the commandment.
8 We and our principals do not want to change anything in the holy mass and sacrament. We and our principals do not wish to have anything changed in the Holy Mass and the celebration of the Sacraments, nor in other Christian ordinances and customs, such as fasting, prayer, confession, and sacrifice, but we wish to keep it as it has been praised to us by the holy fathers and elders. Therefore we, and our gracious lords, also want to punish seriously all Läysche persons who go to the most reverend sacrament of the altar without prior prayer and absolution according to the form of the churches, or who commit or abstain from taking the same sacrament under different forms, contrary to the order of the holy churches.
(9) Because the old custom of eating meat and other verpoten food during the fast and other days, out of good and sensible Christianity, is not to be followed.
3) Maybe: "Uffrur" [Turmoil]?
If the law of the land, which was established by the holy fathers, our forefathers, for a number of reasons, and according to the custom of every country, has been a praiseworthy custom until now, we do not want to let the offence, which arises from the transgression of the same law and custom, be tolerated in our, and our most gracious lords' lands and territories, but we want to punish the transgressors seriously.
(10) We will not suffer or tolerate the expired religious, female and male, nor the priests, dyacones and sub-dyacones who marry in our lands and territories, but we will punish those in our upper citadels and territories.
(11) We find that up to now the damned and seductive heretical doctrines, shame and disgraceful writings have mostly been practiced through trucking, and have not been kept everywhere, as should be the case, because of the provision of the Imperial Edict. Thus we have decreed, and we want, that from now on, in our gracious lords' lands, territories and bishoprics, no book printer shall be allowed to truck any book or painting, unless such has first been brought to us and our gracious lords, or to our and their graces' decrees, diligently examined, and allowed to be trucked. But whoever would abstain from trucking outside of such permission shall therefore be punished according to the disgrace and fortune of the Imperial Edict.
12) Luther and his followers, as well as other heretical, seductive, and mocking books, shameful and disgraceful writings and monuments, shall not be sold, given away, or practiced in any other way by anyone in our and our lords' lands, bishoprics, and territories. Edicts, and other punishments.
13. We have also agreed, with the full consent and authority of the Papal Legate, that all those who have come from our and our most gracious Lord's lands and territories, and who are currently attending school in Wittenberg, shall dispose of themselves from there or in other universities where the Lutheran doctrines are not condemned and seduced, within three months after the announcement of this settlement, dispose of themselves from there or in other universities, where the Lutheran condemned and seductive doctrines are not held, and shall not come to Wittenberg again, with loss of all their benefits, God's gifts and inheritance.
14. that neither a foreigner nor a foreigner who is still studying at Wittenberg, in all of our
We also do not want to allow them to read in our high schools. We do not want to admit them to any ecclesiastical divinity, nor to any benefice, neither to papal holiness ordinaries, nor to any patronage, nor to have any geniuses of it, but they should be despised. We also do not want to allow them to read in our high schools.
15. In order that this Christian understanding of ours may be executed and carried out more effectively, we want to appoint several commissioners in each of our countries and territories, who, together with our town councillors, regency councillors, court councillors, captains, governors, stewards, and other of our officials, will diligently take notice of and make known to us and the aforementioned town councillors, regency councillors, court councillors, captains, stewards, stewards, and other of our officials, who will then report them to us or to the aforementioned officials, who will then report them to us or to the aforementioned officials, who will then report them to us or to the aforementioned officials, and to report them, be they of spiritual or secular standing, to us or to the aforementioned city officials, councillors and bailiffs, who shall then accept them as venal [imprisoned] and keep them in good custody, as long as and so that we may punish the same objectors according to their fault, which we and our gracious lords also do, and do not want to spare anyone in this.
16. And so that our understanding and reason may be kept, handled, and carried out in an expedient manner, we have for ourselves, and on account of our principal, all made a friendly settlement with one another: We also hereby knowingly agree, by virtue of this letter, that we will abide by the much-publicized imperial edict issued at Wormbs at the Nuremberg Diet, and by the above-described articles, and that we will severely punish the violators, and if anyone is punished for Lutheran and heretical actions and expelled from the country, he shall not only be punished for the principality of the country or the ecclesiastical ordinariate bishopric in which he has acted criminally, but for all of us and for every principality of our country, provinces, bishoprics, upper chapters and territories. And those who, out of fear of punishment, escape and commit a fugitive offense, shall neither be admitted to our custody nor contained, but shall be accepted in punishment upon the other's [request to punish] 1). And if one or more of us, on account of the Christian intercession of ours, should be entitled to anything repugnant or disobedient, or to insurrection on the part of his subjects, then we shall be mutually helpful and righteous. However, this excludes all agreements, alliances and contracts that we may have with other princes or anyone else, faithful and honorable.
1) Added by us.
744: The imperial edict against the Nuremberg imperial decree, to the city of Burgos in Castile, to the estates of the empire.
July 15, 1524.
This edict of the Emperor concerns the mandate of King Ferdinand on the basis of the Nuremberg Imperial Treaty, which concerns Luther and is known as "the Nuremberg Edict". The same is found in No. 747. - This same writing is also addressed in the form of a letter to the Elector Frederick of Saxony with some insignificant changes, as Titulatur etc., and a very substantial one, of which the Elector himself writes in No. 746 to Ebner and Nütze! This letter of the Emperor to the Elector is printed after the original in Förstemann's "Neues Urkundenbuch", p. 204. We have included the variants in the text, which seemed to us to be a real correction. On the address of the original is noted: "Einkommen zu Loch vltimo Septembris."
Karl von Gots gnaden Römischer Käyser zu allen Zeiten Merer des Reichs.
Dear faithful, We have, on various days, heard, acted upon, and decided upon all that has been proposed, acted upon, and decided upon at the recently held Imperial Diet in our and the Empire's city of Nuremberg, by you and the common stend of the Empire, and in particular what you, together with the other wretches of the Lutterian sects and Jrsal, have done for order and understanding, and have heard, and how much we consider it to be of the utmost importance that you 1) of the mind, of Christ's spirit, and of his being, should not do anything that would be contrary to our Christian constitution, empty of faith, and contrary to our will. We are not a little relieved, and because of this, we are also grateful to God of the Almighty, for our own glory, We are not a little relieved, and out of what we owe to God of the Almighty, His Holiness, our own glory, mandates, and decrees, we will not bear a clear grievance and displeasure, that I and the common sovereigns have let in. 2) Inasmuch as, not only the said His Holiness, but also ourselves, have been minded, and because we, at the next Imperial Diet at Wormbs, unanimously advised, knew and agreed with the princes, rulers and other sovereigns of the Holy Roman Empire, to publicly proclaim these Lutheran emptiness and insanity as heretical, evil and poisonous, with great, severe punishments and penalties, and to this end, to declare all of this to be a crime.
1) "you" put by us instead of: "also".
2) In Cyprian: "so vereingelassen". - "so ver" is - "so far", as can soon be seen from what follows.
Luther's writings and books, after they had been so rightly rejected and condemned by the bishops. The Holy Roman Emperor and the Holy Roman Empress, after they had been so rightfully and Christianly rejected and condemned, murdered, destroyed and burned, have accepted and given at the recently held Diet of Nuremberg only the Luther's "Dishonor and Shame Booklet" and also the unruly deeds and the same order, and have given it to each one as much as he is able, We have ordered to keep it as much as possible, no matter if in the previous mandates and promises we have taken and imposed something new, burdensome or impossible, and it would not be less and more important to keep the previous all praiseworthy and Christian preachings and orders, than to freely accept and keep unheard mispronunciations. We are also pleased and moved by the fact that the same common stenants have been compared with each other and are willing to establish and maintain a general or common council in the German nation, and for this reason we have requested the bishop's heyligk. We have therefore requested the bishop's sylvan legates to act on this with their holiness, as if such a thing were more incumbent on them than on our holy father the bishop, or on us as Roman emperors, their rightful lord, and had not been more prudent, if it were thought that they and the common German nation would be so excellently and greatly interested in it, that they would have welcomed us for it beforehand, so that we could obtain such a thing from the bishop's holiness. Holiness, and how we recognize what the Holiness of Bavaria, and even our own authority, means to us. Holiness, also our own authority and authority, decides from this acceptance and action, and yet, besides, consider that it may not be at all unnecessary or unfruitful, we therefore want to prove ourselves more noble in this and not refuse such concilium, but if and so far as it is with the aforementioned authority and approval of the Holiness of the Holy See. If and so far as it is accepted with the authority and consent of His Holiness, even at an occasional and appropriate time and place, it will be suitable and in such a way that we may also be there with reason and without common harm and damage, as we want to be there with the help of the Almighty, and therefore act with His Holiness, confident that He will not refuse it, as much as is felt, but that you, together with the Stenden, have in the meantime considered and resolved for yourselves, on the next day of St. Martin's Day, to hold a general and common meeting of the German nation in our and the Empire's city of Speir, and thereupon to consider and accept the way and means and order, how and in what measure and form it is to be done with the divine service, and other spiritual institutions and orders. The Council shall consider the way, means, and order in which and in what manner it is to be lived and kept with the service of God, and with other spiritual bodies and orders, statutes, and preachings, with reference to the predetermined common and general council,
and that because highly learned men of the Holy Scriptures and other understanding persons put into writing everything that is not contrary to the faith, and decide the doubts and other things according to their ability, we can neither admit nor permit such things, but, as is most due to us as a protector and guardian of the Papal See, we will not allow such things to happen. We will neither admit nor permit such a thing, but, as we are most entitled to do and feel to be a protector and guardian of the papal stature, we will most strongly condemn it, so that we may provoke the wrath and displeasure of God's almighty, also papal holiness. Holiness's wrath and displeasure, then what great injury, dishonor and dishonor to the holy divine and Christ's church might be inflicted. Churches could be inflicted, as if Christ's divine right and obedience were so violated and diminished, and that the German nation alone, which has been considered the most divine for this reason, which has also obediently kept the Christian Churches' law and statutes for a long time, would accept such a thing and be subjected to it, which, however, all the other princes of Christ, including the pope, would have to accept. The same is true of the pope, who has obediently kept the rules and statutes of the Christian church for so long, that all other princes of Christ, including the pope, could not begin nor accept to reject and abolish the divine and common Christian order, law, statutes and preaching, which have been kept for so long and for so long in the whole of Christendom, to the trust of all Christian souls and people, unquestioned and unchallenged. From this no one has departed whom the righteous divine judgment and court has not severely punished for this. However, the inhuman and unchristian lout thinks that he alone can escape this, and with his unholy evil [evil] 1) deeds, he tries to poison as much as possible, and to ruin both soul and body, and to make himself great and respectable in the eyes of men through his deceitful deception, which many others have failed to do, and most of all, the villainous and great leader of Mahomet, who alone has done more harm and damage to common Christendom with his sect and evil, than all other nations and peoples in the whole world could not have done, which errors, falsehoods and misrepresentations, so ingrown in the hearts of men under the guise of truth, are not easy to eradicate; God Almighty wants to annul and prevent such practices and thoughts in the German nation, which we love with but grace, so that we do not see such evil in the time of our government, and because we recognize and find such evil and common practices and actions to be unjust, where we would not see and perceive them in time, which would cause great noticeable harm, misuse, and abuse. damage, abuse, disorder and confusion in the public.
1) with Förstemann: "suessem".
of my Christendom, and especially in the German nation, we therefore request and entreat you to perform the duties with which you are bound to us and to the Holy Roman Empire, 2) and to avoid Criminis lese majestatis, our and the Empire's respect and disrespect, and also the privation and deprivation of all the graces and freedoms which you have received from our predecessors, Roman Emperors and Kings, to us and to the Holy Roman Empire.The Holy Roman Emperor and the Holy Roman Emperor and the Holy Roman Emperor have granted to us and to the Holy Roman Emperor, therefore, by the penalties in our key edict, with the declared sovereigns of the Empire at Wormbs, therefore, summoned by the Holy Roman Emperor and the Holy Roman Emperor to court. We have been earnestly urged by the Imperial authorities to deviate from our law and edict in any way or form, not to act or do anything contrary to it, but to keep it as much as is possible, and to keep it as it is, and to enforce it, and to deal especially with the conciliation and other disputes concerning the Christian faith, in particular with the bishops of the Holy Roman Empire, our or common Christians. Holiness, Our or Common Christian Assembly. The Holy Father, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, the Holy Roman Catholic Church, and the Holy Roman Catholic Church. Churches, Papal. 3) and as you would like to avoid our and the kingdom's severe disgrace and the above-mentioned punishment and penalties, we earnestly declare that. Given in our city of Burgoss in Castile on the fifteenth day of the month of July anno &c. in the xxiiijth, of our realm of the Roman in the Vjahr.
745. Ebner's and Nützel's letter to Chursachsen from Nuremberg, in which they send to the Elector a letter from the hand of a good friend of
2) Here the Emperor's letter to the Elector continues thus: "auch bei der peen in vnsern kayserlichen Mandat und Edict begriffen", with omission of the intervening.
3) Instead of what follows in this sentence, the letter to the Elector reads: "Daran thut Dein lieb vnser ernstliche mainung." - At the end of the letter it says:
CAROLUS
V. waltkirch. Ad Mandatum Caesaroao ac
Cath.oe M.tis propriuw
Brantner.
Send the copy of this imperial Castilian mandate received from Esslingen, and also enclose other news. September 23, 1524.
From Cyprian's Documents, vol. II, p. 300.
Most Illustrious, Highborn Prince and Lord, our submissive willing service synt Ewern Churfürstlichen Genaden mit Bleis voran bereit, Gnedigster Herr. Your Elector. We have received your letter, which is now addressed to us, in respect, we are grateful to your Electoral Grace. We are grateful to your Lordship. And the next day, a copy of a key legal mandate was brought to us by a good friend from Eslingen, of which we hereby send your Lordships a guarded copy. To what advantage or disadvantage such things may be in the Holy Roman Empire, the end was indicated. We wish to send this to your churl. Gl. as a noble, understanding Elector. We also send to Your Electorate a list of all the documents we have received. Gl. a list of what has recently been done in Vienna. Thus, the Bishop of Bamberg, as we have informed Your Electorate. Gl. the provosts of the parish churches there, as well as the prior of the Augustinian monastery, on account of the termination of some ceremonies that had been performed. The same provosts have been examined in court, one in the absence of the other, and have been asked to give a uniform answer as to what should be held against each of them. The bishop is also asked if he can prove from the Holy Scriptures that they have done the right thing by making such a statement, and they will gladly accept and carry it out. But outside of the protested, that they might let or recognize his Genad in this matter for a key judge, then as much as the divine word instructs them. Then the matter is too sacred for any human being to judge from human inventions, and several writings have arisen against each other because of it. But in the end, neither the Bishop nor his Fiscal has shown me any reason from the Holy Scriptures to revoke your name. Neither do they want to hear your reasons and motions, so that they would have been something stately, but go solely to the facts. In the meantime, the termination is known and against the old custom, it is necessary to act further. The provosts have appealed against this. We did not want to deny this to E. Churfl. Gl. not to refrain from doing so. Furthermore, most gracious saint, have
vnnsere Herrn vnd Freund, ein Erberer Rath, auf Ewer Churfl. Gl.'s most recent letter, concerning the sum of E. Churfl. Gl. concerning the Turkish draft, to which he replied that Ewrn Churfl. Gl. shall be notified. When the same sum of money is to be returned to the Leipzig court. Accordingly, our lord and friend Moritzen Bücher, citizen of Leipzig, have agreed, and for this reason have also submitted a quid pro quo. To this our Churfl. Gl. will pay the same sum and receive the receipts. With this we do to our Lord Privy Councillors. Gl., whom we are willing to serve only, in obedience. Date on the third and twentieth day of September, anno 1524.
Jheronimus Ebner vnd Caspar Nuzel zu Nurnberg.
746 The Elector's answer to Ebner and Nütze, in which the Elector reports that in the copy sent by the Imperial Regiment some very alarming and threatening words of Imperial Majesty were omitted, which are nevertheless in the copy sent by them, whereby he also answers the other overwritten messages. October 3, 1524.
From Cyprian's Documents, vol. II, p. 311.
Our greetings to you, dear friends, dear friends. We have read all the contents of your letter, and have received the copy of the Kay. Mandate, which was brought to you by a good friend from Esling, and give you your gracious opinion that the same mandate came to us four days ago [Sept. 30] from a regimental messenger from Esling, only that the words, "in avoiding Criminis lese Majestatis, our and the kingdom's attention, also in privirung und entsetzung aller gnaden, freyhaiten" etc. 1) not to stand in the way, and because in such Kay. Mandate, among others, it is stated that Kay. May. has heard the parting and all the other things that have been brought up, acted upon and decided upon at the last Imperial Diet held at Nuremberg, and yet Kay. May. to the same no answer fell, allain what dy Handlung mit D. Lutter anlangen thut, kann wir nit ermessen aus welchen Ursachen solchs verbliben.
1) In Document No. 744 towards the end.
We have also graciously accepted the verzaichnüs, what has recently been traded at Wyen, and in what way the priest of the parish churches, as well as the prior of the Augustinian monastery, are responsible to you against our friend from Bamberg, for whom they have been cited, for the alteration and other ceremonies. Concerning the sum of our money for the Turkish train, we have determined that Moritz Bücher zu Leiptzk, whom you 1) have told us, if God wills, such money, according to our previous request, should be handed over to him in this march at his request, which we, in your gracious opinion, do not want to do, but we are graciously obliged to you. We also have no doubt that you will know how to keep this letter of ours secret. Date Lochaw on the third day of Octobris anno Le. XXIIII.
747 "Two imperial discordant and repugnant commandments concerning Luther," with Luther's pre- and post-speech. After April 1524.
This manuscript contains the Worms Edict against Luther of May 8, 1521, and the Nuremberg Edict of April 18, 1524; the former with Luther's marginal glosses. It appeared in several individual editions under the title: "Zwey Keyserliche vneinige vnd wydderwertige gepott den Luther betreffend. Im 1524. Jar." At the end: "Im Jar 1524." 5 quarto sheets. In the collective editions: in the Wittenberg (1569), vol. IX, p. 190; in the Jena (1585), vol. II, p. 398b; in the Altenburg, vol. II, p.762; in the Leipzig, vol.XIX, p.303 (without Luther's Nachrede); in the Erlanger, first ed. vol. 24, p.210 and in the second ed. vol. 24, p.220. In Latin Uebersetzung in the Wittenberger (1551), tom. II, toi. 410. About the twofold printing of the Worms Edict in all German editions, except the Erlangen edition, see what was said in No. 585. Since the original printing offered in the Erlangen edition is often inaccurate and incomplete, we have often followed the Wittenberg and Jena editions, especially in their first redaction, as Walch has already done.
I, Martin Luther, wish all dear Christians in German lands grace and peace in Christ Jesus, our Lord and Savior.
I have had these two imperial commandments printed out of great compassion for us poor Germans, whether God, out of His mild mercy, wanted to move some princes and others so that they would grasp and feel (for there must be no seeing, no sowing, and no pestilence).
1) "her" put by us instead of: "he", which has probably been read from "ir".
and donkeys could well see) how blind and obdurate they act. It is shameful that emperors and princes deal publicly with lies; but it is more shameful that they all at once let out repugnant commandments; as you see here that it is commanded that one should act with me according to the eight that went out at Worms, and earnestly carry out the same commandment, and yet at the same time also accept the repudiation that one should first act at the future imperial diet at Speyer as to what is good and evil in my teaching. I am condemned at the same time and saved for the future judgment; and the Germans shall hold me as a condemned man and persecute me at the same time, and yet wait how I am to be condemned. They must be drunken and mad princes to me!
We Germans must remain Germans and the Pabst's donkeys and martyrs; even if we are pounded in the mortar (as Solomon says [Prov. 27:22]) like porridge, foolishness will not leave us alone. No complaining, teaching, pleading or begging helps, not even our own daily experience of how we have been maltreated and devoured. Now, my dear princes and lords, you are almost hastening to death with me poor few people, and when that is done, you will have won. But if you had ears to hear, I would tell you something strange. How if Luther's life were so valid before God that, where he did not live, none of you would be sure of his life or dominion, and that his death would be the misfortune of all of you? It is not [to] jest with God. Only continue fresh, choke and burn. I will not depart, whether God wills. Here I am! And I ask you kindly, when you have killed me, not to wake me up again and kill me once more. God has not given me (as I see) to deal with reasonable people, but German beasts shall kill me (am I worthy), just as if wolves or swine tore me apart.
(3) But I advise anyone who believes that there is a God to refrain from this commandment. For although God has given me the grace not to fear death as I did before, and will also help me to die willingly and gladly, let me not be afraid of it.
2276 Erl. (S.) S4, L2S-225. sec. 2. of the Reichst, at Nuremberg 1524. no. 747. W. XV, 2713-2716. 2277
they will not do it sooner, my hour is here, and my God calls me, no matter how much they rage and rage. For he who has now brought me to the third year against their will, and kept me alive beyond all my hope, may well keep me longer, though I do not greatly desire it. And if they kill me now, let them do such a killing that neither they nor their children shall overcome. I would rather have warned them of this, and I truly do not begrudge them it. But it does not help, God has blinded and hardened them.
4 But I ask you all, my dear princes and lords, both gracious and ungracious (I do not begrudge you any evil, God knows that; so you cannot harm me, I am sure of that), I ask you (I say) for God's sake, you want to have God before your eyes, and attack the matter differently. Truly, truly, there is a calamity, and God's wrath is coming, which you will not escape if you continue like this. What do you want, dear sirs? God is too wise for you, he has soon made you fools; he is also too mighty, he has soon destroyed you; be a little afraid of his wisdom, lest perhaps, out of disgrace, it has put your thoughts into your heart in such a way that you should be burned; as he is always in the habit of doing with great lords, and has this very glorious thing sung and said of him in all the world, Ps. 33:10: "God puts an end to the plots of princes"; and Ex. 9:16. to King Pharaoh: "I have raised you up for this purpose, that I may show my power in you, and that my name may be proclaimed in all the earth." A piece of his rhyme is called: Deposuit potsvt68 de sede [Luc. 1, 52.]. This also applies to you, dear sirs, now that you see it.
We Carl the Fifth, by the Grace of God, elected Roman Emperor, at all times Major of the Empire etc., in Germania, Hispania, both Sicilies, Jerusalem, Famine, Dalmatia, Croatia etc. King; Archduke of Austria, Duke of Burgundy etc., Count of Habsburg, Flanders and Tyrol etc., Dismissing all and any Electors, Princes, ecclesiastical and secular Prelates, Grasen, Freemen, Lords, Knights, Servants, Captains, Landvögten, Vitzthumen, Vögten, Pflegern, Verwesern, Landrichter, Schultheißen, Schöpfen, Bürgers
We would like to express our grace and all our good to the mayors, judges, councillors, citizens and municipalities, as well as to the rectors and regents of all common universities, and to all other subjects and loyal persons of ours and of the empire, as well as of our hereditary principalities and lands, regardless of their dignity, status or nature, to whom this imperial letter or a trustworthy copy (made by an ecclesiastical prelate or a notary public) of ours is presented or shown.
2. reverend and honorable, highborn, honorable and noble, dear friends, nephews, grandparents, princes, devotees and faithful! Since it is the duty of our Roman imperial office,a ) not only to expand the territory of the Holy Roman Empire, which our ancestors of the German nation, for the sake of the Holy Roman and common church protection, have brought to themselves by divine grace with their heavy bloodshed, in the extermination and suppression of the infidels, b) but also, according to the rule which the Holy Roman Church has hitherto kept, to take care that no taint of heresy or suspicion, in the Roman Empire, contaminates our holy faith, or, if some of these have now begun, to eradicate them with all the diligence, good means and modesty that are to be undertaken in such matters:
a) Where is this written? In the smoke hole.
b) The clergy should do this with the word as the apostles did.
(3) Therefore we consider, where it is ever due to one of our ancestors, that the burden of it is laid upon us much higher and more, since the Almighty God's immeasurable kindness, for the protection and increase of His holy faith, has provided and endowed us with many kingdoms and lands and more power than many years ago any of our ancestors ever had in the kingdom.
4. because we are also of paternal lineage from the most Christian emperors and archdukes of Austria and dukes of Burgundy, and then of maternal lineage from the most Christian Hispanic, Sicilian and Jerusalem kings, whose clear deeds, practiced by them for the Christian faith, will never depart.
Therefore, where we have allowed some heresies, which arose within three years in the German nation, and were formerly condemned by the holy councils and the Pope's statutes, with the consent of the common church, and are now drawn anew from hell, to take deeper root, and to be imposed and tolerated out of our neglect:
our conscience would be noticeably weighed down, and the eternal glory of our name in the blissful entrance of our government would be surrounded by a dark mist.
6. Since it is undoubtedly not known to all of you how far the errors and heresies deviate from the Christian way, so one, called Martin Luther, of the Augustinian order, in the Christian religion and order, especially in the noble German nation, as an incessant destroyer of all unbelief and heresy, in such a way, where it is not conducive to it, that the whole German nation [and] later, through such entrenchment, [all other nations] would come into an inhuman separation and] into a miserable apostasy of good morals, peace, and Christian faith. 1)
7 For this reason, our holy father, Pope Leo the Tenth, the highest bishop of the holy Roman and common Christian Church, who is especially responsible for the care and supervision of matters pertaining to the Christian faith, was moved to initially warn and admonish Luther fatherly and mildly to refrain from such evil beginnings and to revoke the widespread riots.
When he failed to do so, and the longer he did so, the more evil he became, his Holiness undertook to implement appropriate and not unusual means and ways, and on several occasions required and appointed cardinals, bishops and other prelates, as well as priors and generals of the regular orders, ministers, and many other excellent, honest people, experienced in all honor, art and knowledge, as well as many other Christian doctors and masters.
9) And the same Martin Luther cites, +) and when he disobediently remained out, [are] all his writings, which went out in Latin and German, and will still go out, as harmful and quite repugnant to the faith and unity of the church, condemned, and out of papal power, with the council and will of the said Cardinals,
1) Without the brackets we have the reading of the German Wittenberg and the Jena edition, with which also the Latin translation agrees. Walch has completed the original (here without doubt incomplete) of this writing from the original of the Wormser Edict (Wittenberger Ausg, Bd. IX, Bl. 119) as we give it. The first Erlangen edition has retained Walch's text; the second offers, according to the original: "and later, through such rootlessness and wretched apostasy of good manners, of peace etc. would come".
2) Bishops, prelates, doctors and masters, to be burned and completely destroyed everywhere.
c) That is, with vacation! not so.
(10) And the same Luther, unless within a certain time, after the opening of His Holiness' decree, he proves that he has repented of his error, also that he has changed and revoked, as a son of disobedience and wickedness, and to be shunned as a divider and heretic of males.
11. And according to the statutes of the rights, with the penalties contained in the papal bull, which his Holiness has sent to us, as the true and supreme protector of the Christian faith,d ) and of the Holy Papal See and of the Roman and common Christian Church, through his and the same See's orator and embassy, which his Holiness has therefore specially ordered to us, with request and demand, according to our duties and from the authority and justice of our imperial office, to inform His Holiness in this matter of our assistance with the secular sword for the salvation of the Christian faith, and to command and enjoin everywhere in the Holy Roman Empire, also as befits a Christian king and prince, in our hereditary kingdoms and principalities and lands, and especially in the German nation, to keep everything and anything contained in His Holiness' bull unconfidel and to execute and carry it out.
d) "Protector." O of the wretched faith that has such a supreme protector! What is God doing in the meantime?
12. And although we have proclaimed such exhortation, after overruling the papal bull, and finally the condemnation of Luther in many places in the German nation, also in our Lower Burgundian lands, and especially in Cologne, Trier, Mainz and Liège, we have commanded it to be executed and carried out: Martin Luther has not only not recognized, 3) corrected, nor revoked his insanity, nor sought absolution from papal holiness, and again grace in the holy Christian church,e ) but of his wrong mind and spirit much evil fruit and effect, like a raging man in an obvious suppression of the holy church.
voruva ste. - "Masters" according to the Latin are the heretics.
3) "erkennet" is missing in the original of our writing, but is in the Worms Edict.
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The first of these is a book that has been published daily in Latin and German, made by himself or at least under his name, and which is full not only of new heresies but also of blasphemies that were previously condemned by the holy churches.
e) Luther does not desire to be in the church because the pope is a head.
Therein he, held by the holy church for so many years, destroyed, reversed and violated the seven sacraments in number, order and usef ), and disgracefully defiled the indestructible laws of holy matrimony in wonderful ways. He also says that holy matrimony is a fictitious thing. He also wants to draw the use and enjoyment of the unspeakable holy sacrament to the condemnedg ) Bohemia habit and use, and initially entangles the confession, which is most useful to hearts that are stained or burdened with sins, in such a way that no foundation nor fruit can be taken from it.
f) It is not long custom that applies here, but what God says; to this you dear sirs shall respond.
g) Damn those who live according to Christ's appointment. -This gloss is only in an original edition.
14) Lastly, he urgesh ) to write so much about confession (where this is permitted) that not only would there be no one who would not dare to say from such his absurd writings that confession is unfruitful, but there would also be few who would not preach that it is not necessary to confess.
h) My books show this differently.
15 He not only holds the priestly office and order in the least, but also dares to move the secular, lay persons to wash their hands in the blood of the priests,i ) and calls the supreme priest of our Christian faith, St. Peter's successor and Christ's true vicar on earth, with slanderous and shameful words, and persecutes him with manifold unheard-of enemy writings and abuses.
i) There be God for!
16 He also confirms from the pagan poets^) poem that there is no free will, the opinion that all things are in a certain statute; and writes that the measuring attitude never comes to anyone's good but to the one who accomplishes it:
1) "to" is missing in the original of this writing.
For this purpose, he reverses the practice of fasting and prayer that has been established by the Holy Church and kept until now. l)
k) Poets are called here: John, Paul, Peter.
l) O Lord God, how blind are the people!
17) In particular, he also despises the holy fathers' authorities, which are accepted by the church, and completely removes obedience and government, and casually writes nothing else at all,m ) which is not enough and does not serve for rebellion, division, war, deaths, robbery, fire, and the entire apostasy of the Christian faith. For, as he teaches 2) a free, self-willed life, which is excluded from all laws, and completely animalistic; so he is a free, self-willed man, who condemns and suppresses all laws; as he then has had no horror or shyness to publicly burn the decrees and spiritual laws. n) And if he did not fear the secular sword more than the pope's ban and penance, he would have done much evil to the 3) secular laws. o)
m) Contrarium est verum [The opposite is true], n) They well deserved it.
o) Read the booklet of the secular authorities.
18. He is not ashamed to speak publicly now against the holy councils, and to belittle and violate those according to his will, from which he especially touches the council of Constance everywhere with his stained mouth, and calls it, to the shame and diminishment of the whole Christian church and German nation, a synagogue of the devil, and because those who have been in it, and have ordered Johann Hussen to be burned for his heretical act, namely our ancestor Emperor Sigmund, also the princes and common assembly of the Holy Roman Empire, final Christians and the devil's apostles, death-rowers and Pharisees,p ) and says that all that is condemned in the same Concilio because of Hussen's insanity is Christian and Protestant, and renounces 4) to accept and prove it. But he will by no means accept the articles that the same council has adopted and decided. 5) And has fallen into such nonsense with his mind that he glories in being the
2) Erlanger: lernet.
3) Erlanger: dem.
4) "verzicht", in Latin proütetur - he makes himself anheischig. - In Walch's old edition: "veracht" according to the Wittenberg, Vol. IX, p. 121.
5) This sentence, which is missing in the original of our writing and in the Latin translation, is in the Worms Edict.
If Hus had been a heretic once, he was a heretic ten times over.
p) O that I had lied about it, or could still lie!
19. And so that all other of Luther's innumerable wickednesses, for the sake of brevity, remain untold: this some one, not a man, but as the evil enemy in the form of a man with assumed monk's robe, has gathered many a heretic's most condemned 1) heresies, which remained hidden for a long time, into a stinking puddle, and even devised some of new ones, in pretense, that he preaches the faith, which he imagines manly with such high diligence, so that he destroys the true, righteous faith, and under the name and appearance of the evangelical doctrine reverses and presses down all evangelical peace and love, also of all good things order, and the very noblest Christian form.
20. We have taken all this to heart, and in virtue of our imperial office and dignity,q ) so that we are provided by God, and out of special love and affection, which we, like our forefathers, have and bear for the protection, preservation and administration of the Christian faith, and also for the honor of the Roman bishop and the Holy See: that especially about the above-mentioned papal holiness admonition and request, without our noticeable reproach and the whole of Christendom's disgrace and damage, it is not due to us to be negligent in such a great and frightening action, as we should not do, nor has it been our will and mind, but rather we want to follow in the footsteps of our forefathers, the Roman emperors, and follow their highly praised deeds, which they accomplished for the protection of the Christian church,r ) and adhere to the praiseworthy constitutions, which were made for the punishment and extermination of heretics.
q) God grant that it may prosper.
21) And especially for the sake of this matter, our and the Holy Roman Empire's princes, princes, and estates have now summoned us here in Worms several times, and with great diligence, as the noticeable necessity requires, have excellently considered this matter, and with unanimous counsel and will have united and resolved us to this following opinion, in the form of: "Although such a condemned and in his obdurate perversion
1) In all German editions except Walch: "damned", but the Latin confirms our reading.
s(2) that many books are printed and written in Luther's name which are not supposed to have been written or originated from him, and also that some think that Luther should be heard beforehand and before we proceed further against him, that we should demand that he come to us and that he should be given a free escort.
s) Ex. 23:2: "Do not deviate from the right of the multitude."
22. Thereupon we also summoned him to our court, and by one of our heralds with written escort let him come here to us, and in our and all the above-mentioned our and the realm's princes, princes and estates, personal presence let him 3) ask: Whether he has made the books which were laid before him at that time, and also other books which are carried over in his name; and whether he wants to revise the things which are contained in such books, contrary to the holy councils, decrees, customs and habits, which have been kept by our forefathers up to this day, and to come again to the peace and unity of the holy church.
23) And this was held up to him with such opinions and admonitions,t ) which would soften and move the most obdurate man, and harder than a stone; and as soon as he heard the same books, he confessed and affirmed them to be his books, 4) and then protested that he would never deny them, and said in addition that he had made many other books, which we have not indicated here, because we have no knowledge of them,u ) . But concerning the revocation, he has at one time requested it; and although it would have been justly refused to him, yet against the innovation and error in faith, action is to be taken without any delay, and he has clearly understood from our previous mandate and our letter sent to him, both of which have certainly been delivered to him, for what cause he is required to come to us, and for that reason he should not have come before us and the estates without a ready answer.
t) They meant well, because they had already condemned Luther before he arrived at Worms,
u) Protect us from the prudence, condemnation, of which one bears no knowledge.
2) Erlanger: "to negate"; in Latin: eontsnckant.
3) "him" is missing in the Erlanger.
4) In the old editions: "provided", that is, affirmed.
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24. Nevertheless, out of charity and kindness, we granted him one day; And after the appearance of the same day he appeared again before us and the kingdom, and with diligent exhortation, as before, was requested to go into himself, with our promise, if he revoked that which was condemned and evil in his books, that he should again come into our holy father Pabst's favor and grace, and we also want his holiness to have two good men from every Christian nation, of good life and high doctrine, diligently survey his books and do the evil from them, and what would be good, the papal holiness should approve.
25) But over all this he did not want to do such a revocation, 1) nor did he want to accept our gracious offer, but rejected it completely, and with such unseemly words and gestures, which are by no means appropriate for a sensible and regulated clergymanv ), he publicly said that he did not want to change a word in his books. And thus, in our and the estates' presence, he mocked, condemned, reviled, and completely despised the holy councils, and before that, he restored peace and unity to Constance, which has given eternal honor to the German nationw ), so that he would be overcome with disputations, which he requested out of our good will, regardless of the fact that he has good knowledge 2) that they are forbidden in divine and human rights.
v) But befitting a God - clergyman. - This gloss is only in one original edition.
w) If the Germans have no other honor, they may well remain silent.
26. And although we had undertaken to take further measures in response to such an impolite answer, which had not been heard without some slight aggravation of our and the estates' minds, and also of the common people's anger, for mobile reasons, we had had him leave again and go home, inasmuch as we had our opinion, written with our own hand, opened the following day: we have been moved by the above-mentioned electors, princes 3) and estates' high request, since we have given him three more days 4) to convert; and in the meantime two electors, also two ecclesiastical and two secular princes, and then two of ours and the
1) Erlanger: than.
2) Erlanger: conscience. Latin: nou iZnorans.
3) "Princes" is missing in the Erlanger.
4) Erlanger: after three days.
The authorities of the Holy Roman Empire have been ordered to summon Luther before them by order and on account of the general assembly of the Empire, and with good warning, admonition and instruction, and all that is possible and expedient to convert him, to refrain from doing anything, and to indicate, if he does not convert, to what severe punishment he will fall in our country and in the Holy Roman Empire, even according to the order of the law.
27. And when such diligence and earnestness had been unfruitful with him, our Elector took two kind and skilful doctors to him, and together with them, also alone in particular, not only with 5) high exhortation, but 6) also with apparent indication of many things of his, Luther's insanity 7) to persuade him to consider more our [Holy] Father Pabst's, as well as our and all imperial states, and also other Christian believing nations' use, which they have brought according to the order of the Christian church for so many years, than his common sense; with the proviso that if he deviates from his unanimity and turns back, he will find and recognize that this is done from a laudable example of many holy fathers, and for the preservation of his soul, honor and body.
28) To this, when we are credibly reported, Martin Luther is said to have answered: that he not only considers all the persons now reported, but also 8) [a] common concilium (whether or not there would be one) suspicious and distrustful; and that he does not want to change the fewest syllables from his writings, as he had also done before in our and the empire's estates, unless he is overcome by a learned man, but according to his rule,x ) and not from the concilium, nor from imperial or ecclesiastical laws, nor even from some fathers' authorities, however holy they are, but only from the words of the holy Scriptures, which he supposes to be understood according to his sense, to satiate his random mind 9); about which it is clear and evident that from the same authorities, which are for the fulfillment of that which is not reported or expressed in either testament, the holy Christian church has hitherto been governed.
x) How mockingly they call the Holy Scripture Luther's Rule!
5) Erlanger: in.
6) "but" is missing in the Erlanger.
7) Wittenbergers and Jenaers: that many are Luther's errors.
8) "also" is missing in the Erlanger.
9) Latin: Lä SUUIL arditrium.
29. Because 1) the matter has now become so muddled,y ) and Martin Luther thus remains completely obdurate and perverse in his openly heretical opinions, and is thereby regarded and held by all those who have the fear of God and reason,z ) nonsensical, or that he is possessed with the evil spirit: According to our will, on the twenty-fifth day of April, next to the moon, we let him depart from our presence by the hour, and again assigned a herald to him; so that he, to be reckoned from the same twenty-fifth day of April, shall have our free safe conduct for twenty days, the next following, and that the same our conduct, after the appearance of such twenty days, shall be over, and shall not tolerate him longer, and at last to proceed to suitable remedies against this heavy poisonous addiction; as follows:
y) Which is still unproven.
z) If they had reason, they would act more reasonably in this.
30. First, for the praise of the Almighty, and the protection of the Christian faith, and also of the Roman bishop and see of due honor, in virtue of the office of our imperial dignity, majesty 2) and authority, and also with the unanimous counsel and will of our and the Holy Empire's princes, princes and estates, now assembled here: we have, in perpetual remembrance of this act, for the execution of the decree, sentence, and condemnation, according to the bull which our holy father Pope, as the ordinary judge of these matters, has issued, recognized and declared the said Martin Luther, as a member set apart from God's churcha ), and an obdurate disruptor and open heretic, to be respected and held in special esteem by us and you all and everyone.
a) God's church here is called the end Christian.
31. And do so knowingly, by virtue of this letter, and thereupon command all of you, and each in particular, by the duties that you owe to us and to the holy realm, also avoidance of the penalties of Criminis laesae Majestatis, and of our and the realm's respect and disrespect, and, in addition, the privation and release of all regatta, fiefs, graces and liberties, which you have hitherto had from our ancestors, from us and from the Holy Roman Empire in some way, from the Roman imperial power, earnestly with this letter, and wish that you all and especially, after the appearance of the
1) Erlanger and Wittenberger: "If"; Wormser Edict: Weil. Latin: Huanüoyuictörll.
2) "Highness" is missing in the Erlanger.
The above twenty days, ending on the fourteenth day of this present month of May, do not house, court, feed, 3) or abstain from the aforementioned Martin Luther, nor show him any help, support, assistance, or encouragement, either by word or deed, secretly or publicly, but, where you then arrive and enter him, and may be able to do so, accept him in custody, and send him to us in good custody, or order him to do so, or at least (if he is brought to us) announce and notify us of this immediately, and in the meantime keep him in custody until you have been informed by us what further action you should take against him in accordance with the law, and you will receive a fair amount of satisfaction for such a sacred work,b ) including your efforts and costs.
b) Behold, the murderers called people strangle a holy work!
32. but against his kinsmen, followers, retainers, advisers, patrons and successors, and their movable and immovable goods, you shall, by virtue of the holy constitution, and our and the kingdom's attention and disregard, act in this way, namely, to cast them down and see them, and take their goods into your hands, and turn them to your own use and keep them, without male hindrance. Unless they show by credible appearance that they have left this way and obtained papal absolution.
33. Furthermore, we also command all, and yours in particular, by the prescribed penalties, that you not condemn any of the above-mentioned Martin Luther's writings, by our holy father Pope, as stated above, and all other writings, which have been made or will be made by him in Latin and German, or in any other language, 4) as evil, suspicious and suspect, and emanating from a manifestly obstinate heretic, buy, sell, read, keep, copy, print or have copied, nor fall into his opinion, which also does not hold, preach, nor protect, nor that in some other way, as man's sense can consider it, subordinate, regardless of whether in it something good is introduced to deceive the simple man with it.
34 For as the very best food, mixed with a little drop of poison, is shunned by all men, so much more should such writings and books, in which so much of the souls are poisoned, be shunned.
3) Erlanger: esset. - To "höfet" the old editions have the marginal gloss: "herberget".
4) "or be made to go away" is missing in the Erlanger, also in the Latin.
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and condemnation are not only to be avoided by all of us, but also to be removed and eradicated from the memory of all men, so that they may not harm or kill anyone eternally, since everything else that is well written in his books, which have been accepted and approved by the holy Christian Churches, has been repeatedly referred to, and may be read and acted upon without all concern and suspicion of any harm.
35. To this end, you are to order, punish and order all and everyone, regardless of their dignity, status or nature, and especially those who have and use authority and judicial power, to avoid penalties throughout the Holy Roman Empire, including our hereditary principalities and lands, order and command that all and any of Luther's poisoned writings and books, as those that serve to cause a great uprising, harm, disruption and heresies in God's Church, be burned with fire and completely destroyed, annihilated and annihilated in these and other ways.
Likewise, you shall assist the Papal Holiness' embassies, or their appointed commissioners, in such matters at their request with all diligence and fidelity, and nevertheless, in their absence, do and act all and everything thus to be done, to be executed, and to be accomplished, by our command and order. In addition, we earnestly enjoin all other subjects and faithful of the kingdom, including our hereditary princedoms and lands, with this letter, that you be helpful, obedient and willing in the above-mentioned estates and authorities, like ourselves, in such matters, avoiding the above-mentioned penalties, punishments and fines.
37) And since it is necessary to prevent and prevent Luther's books or extracts 2) or evil excerpts from them, which are in other names than the poet's name is not reported, from going out, nor many other books, which, as we report with discomfort to our minds, have been made and printed in Germany, and are full of evil teachings and examples, from now on will no longer be written or printed. So that the believers in Christ do not fall into greater insanity of faith, life and good morals from reading them, and anger, envy and hatred in God's church spring from them, as has been the case up to now.
1) "in such" is missing in the Erlanger.
2) "or Extract" is missing in the Erlanger and in the Latin.
The more time goes by, the more we have to worry about rebellion, division and disobedience in kingdoms, principalities and countries.
38. Accordingly, to eradicate such harmful, pernicious addiction, we again command, with the advice and will of our and the empire's princes, lords and estates, with foreseen heavy fines, penalties and punishments, you the same our and the empire's and our hereditary princedoms and lands' subjects, all and yours, as Roman Emperor and hereditary Lord, that henceforth no one of you may read such defiling and poisoned books, nor any other notes or copies, as those which give birth to insanities to our holy faith, and to that, which the holy Christian church has hitherto held, as well as writings of enmity and dishonor against our holy father the pope, prelates, princes, high schools and the same faculties, and other honorable persons, and what they contain, which are contrary to good morals and the holy Roman church, and the Holy Roman Church, not to write, print, paint, sell, buy, nor to keep secretly or publicly, nor to print, copy, or paint, nor to permit, impose, or procure this in any other way, however conceived.
39 Likewise, we seriously command, at the indicated penalties, all those who are ordered and appointed to the judiciary, that they accept, tear up and burn with public fire, for our sake, all now reported writings, books, notes and paintings, which have been made up to now, and will be written, printed and painted in the future, wherever they may be found, throughout the entire Holy Roman Empire and our hereditary lands, in virtue of this commandment of ours. Also the poets, writers, printers and painters, as well as sellers and buyers of such shameful writings, books, notes and paintings, who, after the proclamation of our present imperial commandment, persist in it, or for that reason are subject to it, where it is evident, body, Goods and righteousnesses, where you may get them, accept, see, and keep, and therewith act according to your liking, you shall have good reason and right, and therewith against no one have done, nor anyone therefore, neither inside nor outside of law, not be liable to answer.
(40) So that all this and other causes of future insanity may be cut off, and the poison of those who write and make such writings may not spread, and the highly famous art of printing may be used and practiced only in good and praiseworthy things, we have continued,
out of imperial and royal authority and right knowledge, also with the unanimous advice of our and the Holy Roman Empire's princes, rulers and estates, with our and the Empire's attention and disregard, and other pre-touched pleas commanded, also such knowingly in force of this our edict, which we hereby acknowledge to be an unbreakable 1) law, that henceforth no printer or anyone else, whoever or wherever he may be, in the Holy Roman Empire, also in our hereditary kingdoms, principalities and lands, shall publish any books or other writings in which anything is understood that touches the Christian faith little or much,
41. first prints, reprints, without the knowledge and will of the Ordinary of the same place, or his substitutes and deputies, with the approval of the Faculty of the Holy Scriptures, of one of the nearest universities. But other books, in whichever faculty, and understanding what they will, shall by no means be printed, sold, nor subjected to printing or selling, procured, nor permitted in any way, with the knowledge and will of the Ordinary, and outside of the same. 2)
42. If, however, anyone of any dignity, rank or nature, contrary to our Christian and imperial opinion, decree, statute, law, ordination and commandment, which are also to be wholly and indestructibly observed, in one or more of the prescribed articles concerning the subject matter of Luther or printing, in any way that man's mind may conceive, shall act and do so unlawfully, [that] 3) we shall destroy and render void such: Against the same we want that with the prescribed, also the tones in the rights, and according to form and shape of the ban and imperial attention and disregard acted, proceeded and continued. Only men are to be guided by this.
43) And that all this may be accomplished and believed, we have sealed this letter with our imperial seal, which is given in our city of Worms, and in the city of the Holy Roman Empire, on the eighth day of the month of May, after the birth of Christ, fifteen hundred years, and in the one and twentieth year, of our kingdoms, and of the Roman Empire in the second, and of all the other kingdoms in the sixth year.
Ad mandatum Domini Imperatoris proprium.
1) Erlanger: unbreakable.
2) Instead of the following, the Wittenberg edition, vol. IX, p. 122 d only says: "etc."
3) Added by Walch.
1. we Carl the Fifth, by God's grace chosen Roman Emperor, at all times Major of the Empire etc., in Germania, in Hispania, both Sicily, Jerusalem, Famine, Dalmatia, Croatia etc. King; Archduke of Austria, Duke of Burgundy etc., Grase of Habsburg, Flanders and Tyrol etc.. Offer our grace and all good to our and the empire's dear faithful, Günthern, Ernsten, Hoyern, Gebharden and Albrechten, Counts and Lords of Mansfeld, and Lords of Heldrungen.
2 Dearly beloved, dear faithful! When the illustrious Prince Don Ferdinand, Infante of Hispania etc., Archduke of Austria etc., our friendly dear brother and governor in the Holy Roman Empire, out of a noticeable and great need for some grave and important articles concerning that same Empire and the Christian faith, which were not finally decided at the next Imperial Diet, but were taken into further consideration by the estates of the Empire, he has called for another Imperial Diet on St. Martin's Day, next to be held, here at Nuremberg in our name. in his own person, and we through the noble our council and supreme secretary, Johann Haunart, Burgrave of Lumbeck, Knight of St. Jacob's Order. Jacob's Order, whom we have appointed with instruction and full authority, and also princes, princes, prelates, counts and estates of the Holy Roman Empire, obediently appeared in their own person, and with their message having full authority, acted with brave, timely counsel on the needy matters and concerns of the realm, and finally resolved much of the same:
3. besides other two articles, and not the least, as namely the Lutheran and other new doctrine and preaching, and on the other hand the frightening, serious action of the enemy of Christ, the Turk, against common Christianity, have been put forward: on this, after much deliberation, nothing has finally been acted upon, but for the sake of these two points and articles, after considering all their necessary circumstances, the following opinion has been decided, and namely on the first one:
4) In this mandate, to which Förstemann in his "neue Urkundenbuche", p. 190, gave the title: "Mandat, von dem Erzherzog Ferdinand im Namen des Kaisers Karl V. an die Fürsten und Stände des Reichs erlassen" (Mandate, issued by the Archduke Ferdinand in the name of the Emperor Charles V. to the Princes and Estates of the Empire), of which he had the original copy issued to the Elector Frederick of Saxony, we have used the corrections given by him to Walch's text. Luther used the copy that was addressed to the Counts of Mansfeld.
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4. After the Lutheran and other doctrines and preaching have almost and highly gained the upper hand, leading the believers in Christ into a sorrowful and troublesome doubtful opinion of our holy Christian faith, in such a way that, if not taken care of with timely counsel, there is nothing but noticeable annoyance of the common people, nothing else than noticeable annoyance of the common people, to wresting of God's love and fear, extinction of good, honorable, Christian discipline and custom, and noticeable disobedience and rebellion against their authority, to severe damnation of their souls and ruin of body and goods, would arise;
5. Therefore, and so that such a serious case may be dealt with salutary and with well-considered, timely, courageous advice, the good may not be suppressed next to the evil, the Christian believing subjects may be brought into a steady opinion of a unanimous faith: Our governors and orators, as well as the electors, princes, prelates, counts and estates, have deemed it useful and necessary that a free common council be established by papal sanctity, with our approval, for the most beneficial purpose, be advertised and proclaimed at the appropriate place of the German nation, to act thereon on the above-mentioned and other matters of common Christianity, and accordingly all legates have now been sent to this Imperial Diet with His Holiness, who has acted most diligently to bring such to His Holiness and to promote it most faithfully.
6. And so that every Christian man may know how he should keep to the Concilii in the meantime, our governor and orator, as well as princes, prelates, counts and estates of a common imperial diet and assembly at Speyer, have united, as reported hereafter, united to advise and act on such of necessity, so that also at the future Concilio the new doctrine may be advised the more conducive, more stately and more tolerable, what is good, accepted, and what is evil, shunned.
7. That every prince, sovereign and estate, and especially those who have high schools in their dominions, should now order some learned, honorable and understanding persons to take such Luther and other new teachings, sermons and books in hand, to examine them with the utmost diligence, to debate them, to make an extract, to separate the good from the evil; likewise the complaint of the German nation by the secular princes and estates against the See of Rome at the next Imperial Diet held here, and for the secular
The Council of the Holy Roman Catholic Church is to inspect and assess the complaints against the clergy with all due diligence, and then to decide at its own discretion how these complaints are to be judged and brought to an end, to us or, in our absence, to our governor, and to the princes and estates, and also princes, princes and estates, so as to advance at the subsequent Imperial Diet and Assembly, the more peacefully to proceed in trade to the future General Council, as mentioned above, and also that the necessity in such may be considered and decided upon by all.
8. Therefore, we hereby order you to take before you, in the manner indicated, and in the most beneficial way, some learned, honorable and reasonable persons, such action of the new doctrine, also the complaints against the See of Rome and the clergy, who, as mentioned above, are ordered to inspect, examine, discuss and deliberate, to make extracts and advice with all due diligence, and to hand them over at the above-mentioned time.
9. And because our Imperial Instruction, with which we dispatched our aforementioned Imperial Commissarius and Orator to the Imperial Diet in question, 1) contains, among other things, that we provide that the estates of the Holy Empire, as guardians and protectors of the holy Christian faith, should have obediently lived, complied with, and administered our mandate issued at Worms with the approval of the Electors, Princes, and Estates; and that this will not happen, we of the common Christianity of the German nation will not bear a small burden, and for this reason our request and demand will be made once again that every prince, prelate, count and estate for itself, as well as for its subjects, will be obedient to the mandate issued at Worms; and, at our request, our and the Holy Roman Empire's electors, princes, prelates, counts and common estates, as obedient members of the Holy Empire, have united and resolved to live obediently to our mandate (as they acknowledge themselves guilty of doing), as much as possible, and to comply with it.
10. that every authority at the printing houses and elsewhere should have the necessary insight, so that disgraceful writing and
1) In the German editions: "und unter". Walch has deleted the "and", as has the Latin translation.
The governor and the regiment are also under serious orders from us to give advice and assistance to the applicants, to hold them to it, and to execute our mandate with all due diligence, all with the contents of the above-mentioned farewell.
11. Accordingly, and so that such a decision and union may be carried out all the more: We herewith earnestly command you by imperial power, and want you to obediently live, comply and keep in accordance with the above-mentioned mandate issued by us at Worms, also to live and comply with it with your subjects with all diligence, and also to take necessary care with the printers and otherwise, so that disgraceful writings and paintings will be completely stopped and not spread any further. We sincerely believe that this is the case.
12) Secondly, after the papal legate, also of our dear brother, the king of Hungary and Bohemia, etc., message to our governor, orator, electors, princes and estates, with a lamentable mood, how the Turk, in his tyrannical manner, also insatiable, raging desire, which he practices and carries for the extermination of Christendom, has armed himself with a mighty military campaign, and is in the mood to overrun, besiege and bring the Crown of Hungary under his power this summer; and how the Hungarians, as people of the faith of Christ, have long benefited the German nation and Christianity by shedding their blood and by suffering loss of body and property, and how they are now in such a state of decline of the people and their food that they cannot continue to hold out without other help, and how they have been exhorted to the utmost and implored and begged not to abandon them with comforting and noble help.
13. Since it is now obvious how great, noticeable and damaging a loss of people and land Christianity has suffered from the Turks up to now, he has also, with his cruelty and power, recently seized and conquered Stuhlweissenburg, and many other cities, castles, markets and towns in Hungary and elsewhere, as well as the city and island of Rhodes, which had not been the least fortification and comfort for Christianity: Our governors and orators, together with princes, princes and estates, have thought of the high, great, unavoidable necessity of his being.
The Turkish authorities are to be resisted in time and in the most favorable way.
14) And since this is not possible to do without the help and assistance of other Christian authorities, and since it is not possible for a group of common Christian believers to do this properly, they have united with each other in a number of a common group, which we are sending to you herewith, but which they will bring behind them and consider further, and have therefore decided to hold a common imperial diet and assembly of all the members and estates of the Holy Roman Empire on St. Martin's Day 1) in the near future in our and the Holy Roman Empire's city of Speyer; which day we hereby proclaim to you by the Roman imperial power. We hereby proclaim this day to you, by the Roman imperial power seriously commanding, also commanding by the duties, so that you are related to us and the empire, that you appear on the above-mentioned St. Martin's Day in Speyer in your own person.
15 Or, if you should not appear in your own person for matrimonial reasons, then one or more of your excellent councillors, with complete authority to finally act and decide, will certainly be ordered and sent away at the above-mentioned time, and will not be delayed any longer. For we want that the next Monday after that such a day and Imperial Council shall be started without further delay, together with other states, which we, by virtue of the aforementioned farewell, have described in the same way on the aforementioned day, to deliberate in the above-mentioned articles, concerning the new doctrine and persistent help against the Turk. Also to open your minds to the common system, to resist the Turk, on account of your and your subjects, to finally decide on it and to carry it out, and if you do not remain outside, nor refuse or forgive anyone else, so that the matters may be acted upon all the more favorably for the welfare of common Christendom, and may be decided without delay.
1) Here and again in this paragraph Förstemann brings the alleged correction: "St. Michelstag. This is certainly based on an error of the writer. For both the Imperial Decree (No. 741, § 37) and the Imperial Edict against it (No. 744) name "St. Martin's Day" as the day of the assembly at Speyer.
2) Walch changed this "auf" into "auch", and the second Erlangen edition is of the opinion that "auch" should be read. But the Latin translation gives a good sense for the unanimous reading of all printings: nso proptsr tsrxivsroatiollsva alioruru vsrürs äudltstis ant äiLerLlis.
2296 Erl. (2.) 21, 246 f. Section 2: From the Reichst, at Nuremberg 1524, No. 747 f. W.-xv, 2737-2739. 2297
16 You do this, together with the fact that you owe this to the empire in the cause of your relationship, also our sincere opinion. Given in our and the Empire's city of Nuremberg, on the eighteenth day of the month of April after the birth of Christ in the fifteen hundred and twenty-fourth year, of our Empire, of the Roman Empire in the fifth, and of all others in the ninth year etc.
Martinus Luther.
In the end, I ask all dear Christians to help God for such wretched, blinded princes, with whom God has undoubtedly plagued us in great wrath, so that we do not follow to go against the Turks or to give, since the Turk is ten times wiser and more pious than our princes are. What shall such fools succeed in doing against the Turk, who so highly tempt and blaspheme God? For here you see how the poor, mortal maggot, the emperor, who is not sure of his life for a moment, brazenly boasts that he is the true supreme protector of the Christian faith.
The Scripture says that the Christian faith is a rock too strong for the devil, death and all power, Matth. 16, 18.
And such strength shall be protected by a child of death, whom even a bruise or a leaf can put to bed. Help God, how nonsensical is the bet! So the king of England also boasts of being a protector of the Christian church and of the faith, yes, the Ungern boast of being God's protector, and sing in the Litania: Ut nos defensores tuos exaudire digneris: You wanted to hear us, your protectors. If there were a king or a prince who would be Christ's protector, and then another who would be the protector of the Holy Spirit, I think that the Holy Trinity and Christ and the faith would not be badly protected.
I lament this from the bottom of my heart to all pious Christians, that they have mercy with me on such mad, foolish, nonsensical, raving, insane fools. If one would rather be dead ten times than hear such blasphemy and disgrace of divine majesty; yes, it is the deserved reward that they persecute the word of God, therefore they shall be punished with such horrible blindness, and start. May God deliver us from them and give us other rulers by grace, amen.