What the Court of Appeal at Speier has caused the Protestants for complaints.
A. What was decided by the Protestant side at the Convention in Brunswick.
1250: Proposal of several estates at the Federal Diet in Brunswick to reject the Court of Appeal in all matters, and consideration of whether a rejection in secular matters would also be useful and advisable for the united estates. Bor 16 April 1538.
This document and the next one are found in Hortleder, lid. VII, cap. 5. 6. The time determination results from the date of the following number.
Considered for the sake of common recusation.
(1) To meet the complaints with which some of the estates of this Christian assembly have been charged by the Court of Appeal, it has been suggested by some whether there would not be a way that all estates could
The court has reconsidered the proposal in many ways and asked two questions. Such proposal has been considered in many ways now and then and two things have been asked therein.
The first: whether the Imperial Court of Appeal, as the ordinary and highest court, may be recused 1) from common law? On this question the majority of the committee considered that such recusation, also of the highest imperial ordinary court persons, should be done in a reasonable way. Not that the Imperial Court of Appeal or jurisdiction itself should be recusable, but only the persons who sat in such Court of Appeal, not only in religious matters, but also in all other matters. For if they are biased or suspicious in a matter, because of envy or enmity, it is considered a case in which it is permissible to bring the ordinary court to judgment.
1) In the old edition: "as the ordinary and highest court persons" etc.
to recusiren. Now it turns out and is obvious that the persons of the Court of Appeal are of a different religion, and for this reason are quite repugnant and unfavorable to these estates, as one therefore has excellent evidence. So it is also found that they have severely violated some of the estates with their judgments in temporal cases, and perhaps they think: because they [the judges] are not allowed to complain about the [Protestant] 1) estates in religious matters with justification over the imperial and royal orders, and also for other reasons, so that they do not cause a tumult, they want to repay and avenge them twice over in secular matters.
(3) In addition, it is found in the imperial order that the persons of the Court of Appeal, any in particular who are considered to be biased, shall resign. If they are to resign, they may also be recused; if one is recused, many may also be recused for the same reasons.
Thirdly, it is found that at one time the Dukes of Bavaria recused the Court of Appeal from many minor causes, and the Imperial Governor together with the Estates of the Empire committed the same major causes to others.
(5) The others have argued that common law will not allow this recusation of the highest court, just as little as the appeal, and have also reported its cause of common law, namely that the highest court is a collegium which would not be recusable.
6 Now it is opposed to this that the papist estates of the empire themselves have noted suspicion against the persons of the court of review, and have therefore caused a syndicate. Item, that here not the Collegium ut Collegium, but the persons of the Collegii one wants to recusir; but if persons of right Christian faith were above them, one does not desire to recusir them.
(7) But whether it is useful to recuse, because of which there have been many wide-ranging disputes in the committee. Some have said that if one recuses, much harm will come to the estates. For it would be certain that the persons of the Court of Appeals would not defer to such recusation, but would proceed in contumaciam to the final judgment, also to penalties, and perhaps the Acta. Which complaint many estates, as especially those of Goslar, would not
1) We have made these interpolations because in the old edition it is interspersed in such a way as to be quite contrary to meaning: "because sir, the estates, in" etc.
The first is that of the two who have such excellent things that such judgments and censures are by no means unpleasant to them.
(8) For they would once be res judicatae, and give them such a disadvantage that they would hardly be able to recover. Unless a union and composition were made in all temporal matters, by which the same lost estates might recover their disadvantage; as any sensible person may well judge this, what disadvantages res judicata, although the execution would be postponed for a time, might nevertheless bring in time.
(9) For this reason, above all, it is still considered that the settlement should also be established in temporal matters, since one would like to suffer equal and finally right active and passive (as reported above). At the same time it is also considered that the same settlement in temporal matters would nevertheless be necessary, even if the recusation should not take place. For there are trades in which common estates meet with dismissal, rape, and harassment by the act of unlawful judgments. If then one or more of these estates is impoverished or taken away for the sake of some things, then he is immediately taken away from the common understanding, as if it happened for the sake of religious matters. If, then, one estate is to be helped for the sake of a grievance that it encounters in temporal matters, out of disfavor on account of religion, it would also be necessary for the other estates to know the same thing, if they were entitled to grievances, war or contestation in temporal matters, which they should take care of again.
(10) Secondly, some estates have had the misgiving that the recusation should take place in such a way that our adversaries, and perhaps others as well, would say that we do not want to suffer justice and would be disobedient, seeking only that there should be rebellion in the kingdom. If we wanted to be Christians, then it would be our duty to suffer something, even if we should lack temporal nourishment.
Item 11: They could not well find how one could have justice in the realm of the German nation actively and passively, so that all appeals, at least those to the Court of Appeal, would have to be omitted, and how those of the Christian estates, who were robbed or damaged, should receive justice for it. This would result in great, unbearable burdens.
12 The others, however, have deemed it necessary that the chamber law be recused in all matters; for they find that the chamber law is not to be applied in all cases.
I have the right to complain to the estates in temporal matters, since it may not be possible to declare the eight in religious matters, as was recently said to have happened to those at Strasbourg, and now think that this may cause the Protestant estates as much pain as in the religious matter, and that it is better to meet the beginning or the entrance than to seek counsel after the matter has been adjudicated and the complaint has been received. For if a matter has not been properly conducted, and each one, whether plaintiff or defendant, has brought forward his necessity or opposition, and is then judged on 1) the same, it is difficult to restore it, and makes the judgment a right; In addition, there are also as good as slander against the Protestants, if they do not want to parry or obey the pronounced verdict, or perhaps could not obey, that they may not suffer justice, as in the case where they have recalled the judges of the court, who are papist and our opponents, and perhaps this slander could be used up in many high people after judged cases.
For in the first case, because of the recusation, that one could say: they have pleaded all their necessities, they would have been right, it would have been well with them. And therefore it would be better to meet the opposition at once, and it would be better to dispute with them about the causes of the suspicion than before them as judges about the main matter, since in both cases one must suffer the same reproach; and in the latter case, when the matter is adjudicated, one would have to wait for as much trouble as in the first way, when one recused, even if they complained about the matter of the breach of the peace, that such a thing would be delayed for a long time, and yet in the end they would not get much justice.
14 And the same have now considered it, if one would do the common recusation, that one would have to offer oneself to some arbitros compromissarios, active or passive, or to relatives in agreement, or to some impartial commisiarios, so that it would not be said that one could not suffer justice.
Which opinion should or should not be the best one, that is for the common estates to think about and conclude, according to the parting.
1) In the old edition: "darüber selbige".
1251 What on the committee Bedeuken, the rejection of the chamber court in all things concerning, Tuesday after Palmarum [16 April].
Anno 1538 at Brunswick has been pronounced.
See the previous number.
(1) Furthermore, some of the many estates of the Court of Appeal have complained to the highest degree about the many complaints they have encountered there in proceedings and judgments, and have therefore asked for advice; for this reason, some of us and the envoys have suggested whether it would not be a way that such Court of Appeal could be recusant in all matters, since their suspicion and suspicion of the estates, because of the religion of the same estates and before the recusantation, is so publicly found. Now such an article is highly considered by all present estates and envoys: whether the recusation can be done in the right or not? Since all other estates are concerned that such a thing might happen to them, and the envoys have not had orders on this day on account of this point: It is considered good that the movements that have occurred from time to time on account of this matter be recorded, and the envoys bring the same movements and this to their superiors, and that all the estates then discuss the same points with their movements and causes from time to time with their learned and competent advisors in the most diligent manner, Thus, between here and St. John the Baptist, each estate shall certainly send its concerns to the two sovereigns and princes, Saxony and Hesse.
2. Which advice then both their electoral and princely graces shall inspect, and from it, according to their best understanding and reputation, draw the most consistent and useful opinion in the entire council, which both their electoral and princely graces shall then arrange together at the expense of the common estates; and if they have agreed on this, their Electoral and Princely Graces shall again send their concerns to all the estates of both districts, and then hear the final opinion of the same estates in due time, and proceed and act on it, so that a final decision on such action may be reached.
3. if in the meantime the things that are happening now should change, as if a Diet or something else were to happen, that some of the estates were to be declared eight; then the captains may, according to their concerns, form the estates together.
The Council of Ministers of the Republic of Austria has decided to conclude a treaty on this matter and other matters that have been well done at the Diet.
4 And in case it is considered that the recusation should take place in all matters, it is considered necessary and good in all cases that an understanding should also be made in all matters, where one would like to suffer equality and justice on the estates, for the handling of the same estates, their lands and people, freedom and property.
(5) If anyone should think that there is a better or more clever way to meet such complaints of the Court of Appeal outside of the recusation, he would also like to report it, then the same shall also be consulted and considered in the same way, as reported above etc.
1252. Letter of the Elector John Frederick and the Landgrave Philip of Hesse, on behalf of all protesting estates, in which they complain about unauthorized proceedings of the Court of Appeal and other courts against their co-religionists. November 13, 1538.
This document was printed in quarto in Wittenberg in 1538 under the title: "Ausschreiben an alle Stände des Reichs, in der christlichen Religion Einungsverwandten Namen, die Beschwerungen des kaiserlichen Kammergerichts belangend. Thereafter in Hortleder, lid. VII, onp. 19, p. 1289 and in Lünig's Imperial Archives, pari. MN. eont. II, p. 1538. here still belongs the writing, which is in Goldasts eonstitnt. jnap. purt. II., p. 170 and is entitled: S. R. I. electorum; principum ac statuum protestantium rescriptum de injustis processibus judicii camerae provincialis 1538, sine dato.
1. to all and everyone to whom this letter comes to read or hear the same, especially of the Holy Roman Empire of the German Nation, Princes and Princes, also Counts, Lords, Freemen and Communes, and otherwise of all men, whatever their rank, dignity or nature: by the Grace of God we John Frederick, Duke of 'Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave in Thuringia, Margrave of Meissen, and Burgrave of Magdeburg etc. And by the same grace we Philipps, Landgrave of Hesse, Count of Katzenellnbogen, of Dietz, Ziegenhain and Nidda etc., and other our, our Christian faith and religious matters protesting and adhering states, our friendly, subservient, willing services, favorable will, greetings, grace and all good, and give your dear ones, chur- and princely graces, favors and you friendly, subservient, and amicable to recognize:
2) Although we, out of noble and princely minds, do not like to complain. Although we, out of churlish and princely as well as honorable sentiments, would not like to complain against anyone, whoever he may be, of high or low rank, by words or deeds, the matters come to us in such a way that we are urged, for the sake of our and the common German nation's great need to avoid unlawful sedition, outrage and other complaints in the Holy Roman Empire of the German Nation, to report the inconsiderate, suspicious actions of the Imperial Chamber Court, which it has taken against some of us and ours for some time, We are urged, for the sake of great necessity, to avoid unlawful sedition and other grievances in the Holy Roman Empire of the German Nation. We are urged to report the inconsiderate, suspicious actions of the Imperial Court of Appeal, which it has taken against some of us and ours for some time, in such a way that if, in the course of time, such biased and suspicious actions of the Court of Appeal cause mischief in the German nation, men may know and recognize that such is not our doing, but that we are collectively and especially disgusted and heartily sorry.
3. And since we may not take occasion here to suggest and mention many things for the execution of our need, whether in the same Her Imperial Majesty, our most gracious Lord, would also be remembered among others: We publicly declare that we do not wish to diminish Her Majesty in any way, nor do we wish to blame Her Majesty in any way for what we know, that Her Imperial Majesty has done and allowed all that which she has done to us and to our just cause, due to the impetuous arrest and disobedient report of our opposition and of the reported Court of Appeal, nor to disgrace anyone else of the persons of the reported Court of Appeal, but only for the sake of the common peace and benefit to truly bring to light to our excuse, so that masculine respectable minds may feel and notice from this, in what danger the German nation is put by the above-mentioned inconsiderate and unlawful action of the Imperial Court of Appeal of this time, and have cause to think about helping by proper, substantial, serious ways, so that such trouble in the German nation may be prevented properly and without such annoyance and indignation.
4. and has this form: When God the Almighty, through His divine, fatherly and causeless grace and mercy, now for a time caused His holy eternal Word to appear again loud and bright in the holy kingdom of the German nation and to be proclaimed by preaching, from which we all know blessedness, and through His divine Holy Spirit attained faith in our hearts, then, through the bestowal of His mercy, since we have received the unchangeable truth, we have received the Holy Spirit, who is the Holy Spirit of God.
We have not only accepted this for ourselves, but have also allowed ourselves to preach and proclaim it in our principality, countries, cities and territories, and in matters of our holy religion have introduced all and every ceremonies that do not conform to the divine word and also unpleasant abuses, to reform and establish them in accordance with the Word of God and the gifts bestowed by His grace, and to govern and maintain them in our principality, lands, cities and territories, as we have done in respect to God Almighty, the Imperial Majesty, and male and female rulers. We hope, know and undertake to answer for this against God the Almighty, the imperial majesty and the male with divine writing and help. Inasmuch as the same was admitted in the name of Imperial Majesty at the Imperial Diet held at Speier in the 26th year, after the passing of the same, and, in addition to Her Majesty, was also granted by royal and princely graces and favors. The Constitution has been approved and adopted by the Supreme and Princely Graces.
5. And some of the high and low, especially of the aforementioned ecclesiastical estates of the Holy Roman Empire of the German Nation, besides the imperial and royal majesty, who have not been properly informed of these things for the sake of secrecy and faith, or perhaps some do not want to be reported, have wanted to persist in their faith and all kinds of ceremonies that have been used for a while, the same statutes and human rules, even if they are not founded in Scripture, even if they have been published beforehand in the imperial edicts in the Holy Empire for the sake of the disputed religion, have wanted to persist, and thereupon have sought all pretextual ways and means how they might safely remain so and thus preserve their pretensions (as we consider it to have happened more out of ignorance of the divine Scriptures and secrets than out of evil intent), which many states, who at that time unknowingly adhered to the same papal faith, as reported, have now, enlightened by divine grace, accepted our true old Christian faith and confess it with us.
(6) And because we, who confessed the Gospel of Jesus Christ, took all diligence to instruct the reported members of the Holy Roman Empire of the truth and the reason, and to lead them to the right way, the same, no doubt due to the hindrance of the scholars, who without cause were opposed to our Christian confession, may not have been of the time.
7 And we, for the sake of our conscience, neither want nor wish to depart from our confession, but for the sake of such misconduct.
The Council of Churches has called for a common, free Christian concilium in the German nation, 1) so that our confession and opinion may be in accordance with the Word of God and never be overturned on the basis of the Scriptures.
8) And when both parts stood against each other without comparison, and one part looked upon the other, it happened that some religious and common ecclesiastical persons, who had left their monasteries, monasteries and houses because of altered ceremonies that had been improved for Christian use, had brought some of these causes to the imperial courts of justice and Rothweil without any cause. They have also commanded some of us to take severe penalties and land peace, such as the eight and other things that are drawn into religion and cannot be performed without violating our conscience and salvation, and have quickly initiated proceedings against them, and have thus subjected some of them to bring many of us to penance and eight.
9. When we now consider that such proceedings of the Chamber and Rothweil courts, if they were to remain preliminary and ultimately lead to the declaration and execution, would not do any good in the German nation, since our matters of religion would be such that we would not want to deviate or parry without violating our conscience and salvation: Therefore, for the prevention of war and mischief in the German nation, and in order that we may testify before God and the whole world that there is nothing in us that would serve for Christian settlement, nor for peace, tranquility and unity in the Holy Roman Empire, we have erman.gele, the imperial Majesty at Augsburg, and subsequently from Schmalkalden, twice in succession, in writing, most humbly requested and requested that Her Majesty therefore have a gracious understanding, assure us of a Christian, uniform peace for the sake of religion, and at Her Fiscal, also Chamber, Rothweil and other courts of Her Majesty, graciously refrain from proceeding against us altogether and in particular.
But in the meantime and before we are finally answered by Imperial Majesty. Majesty to such our Christian and most humble request, the most reverend, most noble and high-born Princes and Lords, Albrecht, Priest Cardinal and Archbishop of Mainz 2c, and Mr. Ludwig, Count Palatine on the Rhine, Duke in Bavaria, both Electors, our dear cousins, cousins and most gracious Lords, have, by Imperial Maj.
1) Added by us.
The most gracious permission and approval, for the sake of the disputed religion between Her Majesty and us, for an amicable negotiation, called day and time to Schweinfurt and to Nuremberg, and after much amicable negotiation, the things finally content of a farewell, inserirt, negotiated and agreed upon.
Here follows from word to word the Nuremberg Religious Peace, which has already been reported in Vol. XVI, No. 1202.
(11) The Imperial Majesty has approved and accepted in every point and clause such a peace effected and concluded by the two Princes, Mainz and Palatinate. Majesty has approved and accepted it in all points and clauses, and for the further and permanent preservation of this common peace has rejected all justifications which in matters concerning the faith have been started or might be started by Her Majesty's Fiscal and others against us and our neighbors. Fiscal and others against us and our allies, until a general, free, future concilium, as decided and graciously promised at the Imperial Diet at Nuremberg, and therefore provided us with a special, gracious, imperial assurance, as the word to word, that we will be able to keep this common peace. We are therefore provided with a special, gracious, imperial assurance, as follows from word to word:
In the old edition, this is followed by the Emperor's approval, which has already been printed in Vol. XVI, No. 1207.
12 And to this end, the Imperial Majesty has proclaimed and announced such peace and standstill for himself and for movement throughout the Holy Roman Empire at the recently held Imperial Diet at Regensburg. Thereupon he ordered and commanded his fiscal, chamber, Rothweiler and other courts to stand still with their proceedings in matters of faith and religion.
(13) Although we would have been fully prepared, the Imperial Court of Appeal should have ruled in favor of such a court. Kammergericht should have considered such Imperial Majesty's Majesty's granted peaceful order and institution of the judicial process, considering the necessary, high and Christian concerns and causes for which the same is directed and granted, should inevitably be held and executed.
14 Nevertheless, chamber judges and assessors have proceeded against some of us and ours, irrespective of such peaceful decency and Imperial Majesty's inhibition. Majesty's inhibition thereupon, in matters concerning religion, proceeded and continued against some of us and ours, also our rightfully raised exception and protestation that these matters, religion and matters of faith, or at least the least of them, were pending, and thus in the imperial state of peace. or other more legal defenses and pleas for protection, which we have at any time made against such alleged jurisdiction and
The court's decision was cut off and rejected by our envoys, which moved some of us to again petition their Imperial Majesty in Italy and to obtain a junction and order to the aforementioned chamber court to stand still in such matters. Majesty in Italy, and to obtain a second time an order to the aforementioned Court of Appeal to remain silent in such matters; as has been done, and the aforementioned Court of Appeal has received it, as it is due.
15. Wherever the much-noted Chamber Court of the German Nation, and subsequently of all Christendom, would have liked to see unity, peace, honor, benefit and welfare, as it was obliged to promote to the best of its ability, it should have thanked Almighty God that it had been relieved of such burdens, and that His divine omnipotence had graciously wrought and procured this peaceful decency, because they might well realize, without doubt, from their intellect, which they should have above others, that nothing but war, outrage, terrible bloodshed, and perhaps even greater hardship would follow from their processes, which they would have undertaken in such a way, if they were to be executed.
16. And should, as servants of the common good, not only willingly accept such an order of Imperial Majesty, but also advise and persuade Imperial Majesty, whether she would have been otherwise inclined, and all other estates and persons who have instituted the reported processes, to drop or at least to keep them until a common, free, Christian concilium in the German nation, for the sake of public peace and prevention of reported riots and uproar, to drop them or at least to let them stand until a common, free, Christian concilium in the German nation, as the common laws have also clearly provided that if a judge cannot exercise his office without uproar, riot or tumult, he should then discontinue the same. They did not do so, however, but (we do not know from whose request) sent to Imperial Majesty the President of the Republic of Austria. Among other things, they informed Her Majesty that they did not know how to comply with such an imperial decree and order, because disputes arose between some parties, which were religious matters or not, with a request to explain to Her Imperial Majesty's mind. And thereupon another imperial document, to the assurance given before her Majesty's inscription, somewhat inappropriate to our understanding, was obtained, in which they were permitted to recognize what religious matters were or were not; since her Majesty had previously given her assurance on the sufficient report of the negotiators, in which they had reported to the chamberlain that the matter was not a matter of religion.
The court had denied all recognition in matters of religion, and if it were to be contravened, it had cancelled it out of imperial authority. The court had dismissed, cassated, and annulled the proceedings by imperial authority 1). And thereupon they were denied knowledge of the initiated matters, whether they were religious matters or not, and proceeded in many matters in an unjust manner.
17 Which application to Imperial Majesty was in no way due to them. They have never known that in matters of bad law, by which the sovereign peace is not realized, they have no jurisdiction in the first instance against princes, free imperial cities and cities that are not subject to the empire without means, but to their princes, such as Hamburg, Bremen, Minden, Magdeburg and the like, and the cities, which are not without means subject to the empire, but to their princes, as Hamburg, Bremen, Minden, Magdeburg and the like, were due to them, and yet for this reason against some many princes and cities, solely by virtue of the article in both treaties, at Speier in 1526 2) and at Augsburg in 1530, thus read: "that no one of spiritual and secular rank shall rape, force or overdraw the other on account of faith, nor deny his authority pensions, interest, tithes and goods 3), all under penalty and punishment of our imperially established land peace", let such mandates, citations and other processes go forth, and in virtue of the above-mentioned articles undertook such compulsory judicial action. Since, however, it is evident from this, and may not be supposed, that they have brought this compulsion to court against them on account of the discharge of the supposed ecclesiastical interest, dues, tithes and goods, which have happened or occurred to the supposed ecclesiastics on account of faith, since it is also against God, right and equity, since no judgment is due to them in these matters (but rather the common Christian church assembled in the Holy Spirit), it is evident from this that they have made such declaration to Imperial Majesty intentionally, unbidden, and without any reason. Majesty deliberately, unjustly, and sought that which they knew well beforehand. And that this is true, we refer to all the law and order of the empire, accepted by us, also to the others, as much as is useful and reasonable for this, and first of all to the word of the Lord, which clearly shows to whom knowledge is due in such matters.
1) Instead of "majesty perfection" we have put "power perfection". We suppose that "power" in "Mat. has been read.
2) In the old edition of 1520, K5 of No. 809 of the 16th volume and z 67 of No. 1155 of the same volume are meant.
3) In the old edition: "erwehren". - "entwehren" - to bring out of the guarantee (possession). This word occurs again in ? 33 of this writing.
18 In addition, Imperial Majesty, together with her related estates, has made itself clear in about four and twenty articles. In addition, Her Majesty, together with her related estates, made a farewell declaration at Augsburg, in about four and twenty articles, explaining in the most explicit manner what Her Majesty considers to be a grievance and innovation, which would be contrary to the Christian faith and religion, and which has since then been held by Her Majesty's Edict at Worms and the Imperial Diets at Nuremberg and Speier, and what Her Majesty considers to be matters of faith and religion, and which are forbidden. Majesty's Edict at Worms and the Imperial Diet at Nuremberg and Speier, and what Her Majesty considered matters of faith and religion, and forbade and commanded, with penalty of the peace of the land; these four and twenty articles 4) we consider too long and without necessity to recount herein; and on this, as reported above, actually ordered and commanded, how one should believe and hold in such articles, with penalty of life, limb and property, and with penalty of the peace of the land. Since it has now come to pass that some of our people have lived contrary to the same four and twenty articles, not only with God and a good conscience, but also for the sake of faith and our religion, as we have found ourselves obligated to do before God, we have been sentenced by the Imperial Court of Appeal, that which we have changed or altered contrary to the reported four and twenty articles in our churches and ceremonies, we have been ordered by the Imperial Court of Appeals to restore it to its former state, and if this does not happen, to let the penalty pass over us: All because such change or reformation should be contrary to the faith and established religion, all of which is beyond doubt. Nor has the Court of Appeal, beyond these clear distinctions, been allowed to doubt immeasurably what is or is not a matter of faith or religion. Therefore, every common man may read such differences, and he will find that our statements are true, and may have no contradiction.
19 We cannot believe, even without this, that the Court of Appeal, for the sake of some doubt, made such an explanation to the Imperial Majesty, but that it did so more in the opinion of overturning the peace. Majesty, but that they did it more in the opinion of overturning the peace; for so far we have not heard any case, however clear it may be, in which they have issued a citation sub restitutione ceremoniarum and use, which they have ever recognized on the plea of the defendant that the same affects faith or religion, and thus have postponed the proceedings, but have in all such cases without distinction, and especially among some cities, as Hamburg and Minden, proceeded and proceeded in all matters of faith without cessation, and they have there
4) St. Louis edition, vol. X VI, no. 1155, s 13 sf.
with their censures that they not only deliver to the plaintiffs, namely the alleged clergymen from Hamburg and Minden, house, farm, interest, validity and the like, but also restore annoying masses, vigils, sermons and readings in theology according to the papal manner, and other such things, which do not concern anything temporal, but only matters of faith and religion. Therefore, as reported, this is not credible. For if they had been inclined to obey the imperial and royal commands, they would at least have remained silent on the above-mentioned purely spiritual points, although this would not have been enough for us, but the Beneficium belongs to the Officio, as mentioned above.
(20) How highly the above-mentioned Court of Appeal served the common peace and benefit in this matter, where its decision should or might have been made, and what would have followed from it, and what may still follow, can easily be judged by every common man who cares about the honor and welfare of the German nation. But when we all, and especially those of us who were at the time in the Christian understanding, saw such things, and recognized the great harm that was before our eyes, we were not a little careful for the sake of the accident, as those who do not like to know the harm and destruction of the German nation and the Holy Roman Empire. Since we were not able to obtain Imperial Majesty in the vicinity as quickly as the necessity of the matter required, and it has just happened that we John Frederick, Duke of Saxony, Elector, have personally come to the Royal Majesty of Hungary and Bohemia in Cadau in other matters: We have not forgotten this, as the most noble, and have obtained from Her Royal Majesty a new approval of the previously established treaty and peace, established at Nuremberg, in which it is clearly expressed that, although until then misunderstanding would have occurred at the Court of Appeal between the parties, Her Royal Majesty nevertheless wished to bring about such a standstill, the contents of an article of the Cadau treaty, subsequently reported from word to word:
21 First, that the peace and truce recently established at Nuremberg, and, as reported above, commanded by the Roman Emperor to be kept by all the estates, shall be kept and complied with. Majesty, is to be observed and complied with; and after a misunderstanding has occurred therein, the Royal Majesty has graciously consented that Her Royal Highness, the King of Nuremberg, shall be allowed to keep the peace.
1) St. Louis edition, Vol. X VI, No. 1209, D4 and 3.
Majesty on behalf of the Imperial Majesty. Majesty that the proceedings at the Imperial Court of Appeal be suspended. Chamber Court, for the preservation of this state of peace, against those named therein, and also that all the processes hitherto undertaken shall really be abolished; all according to the terms of the state of peace established therein etc. etc. Her Royal Majesty, as we do not know otherwise, has actually ordered this.
22 And when the aforementioned Court of Appeal, in the above-mentioned and subsequently-mentioned matters, proceeded no less unprovidently than otherwise about all these orders of the imperial decree and the equity, regardless of all annoyance and diligence that might arise from it, neither imperial nor royal orders, their own imperial decrees, nor a few other reasonable and substantial excerpts would help us in this religious matter, and we found that it was entirely papist and our opposition more than was due and appropriate. We found that it was quite papist and our opposition more than due and proper, and that it would be quite repugnant, suspicious and unpleasant to us in such religious matters, even if we had been spared many justifications, if our adversaries had not at all times found an unfavorable will against us and our religious relatives at the reported Court of Appeal, to the effect that our procuratores, who were at all times to present and protect our need and justice, were held at the Court of Appeal in such a way that they were not allowed to present our need, as we ordered them, for fear: Because of this, our matters have remained unprotected, and we have come to noticeable disadvantage and trouble', so for these and other reasons, we have finally been moved to recuse ourselves from such a court, according to our urgent and unavoidable need, as suspicious, suspect and biased, with the indication of many constant and legitimate reasons. As we also do not doubt, every honest man from the same causes will well appreciate that we are highly urged to do so and have had sufficient justification and right.
23. And we would have provided again that the reported court of appeals would have taken to heart the same suspicion and causes of suspicion that had been brought forward, as was reasonable and they were obliged to do in law, as obvious, and would have discontinued such matters in which they had recused themselves, according to the form of common law and equity, or at least if they had denied the same causes or had not considered them obvious and sufficient, according to the form of common law and equity, or at least, if they would have denied the same causes, or would not have considered them obvious and sufficient, coram arbitris, which we have appointed for them, or other impartial ones, to come to due discussion.
24. yet they have such lawful recu-.
They have not defered to the court, as they were and still are obligated to do by law, all honor and fairness, nor have they relinquished their compulsion to sit in court, which, after the recusation, because our matters, especially that they were still of the papist faith, were evident and they were confessed to it, but have proceeded swiftly, as before, with their supposedly weak, unjust proceedings, and thus neither God, whose matters we are acting in, nor Emperor, nor King, nor the human rights that want justice to be prudently and shunned, have considered the causes of the suspicions, nor have they even considered the reasons for them, nor king, nor even the human rights that want it to be careful and avoidable to wait for justice before suspicious judges, nor at all the causes of suspicion, whether they meant that they were not reasonable or sufficient (as they are in truth), before the named arbitrary judges, or by means of the oath, which we have all been obliged to take, but have continued without regard to all this, as stated above.
25 And even if they want to say that in this case, as common and ordinary judges, we are not able to recuse them according to the secular or imperial rights, but that a different form and measure is required for this, this does not hold true in this case, because such a form, perhaps prescribed by the secular rights, is not in use, but is held and practiced differently. And so here we are in a case of suspicion, the like of which, as far as religion is concerned, has never been heard, and of which the secular laws have made no assurance other than as will be reported hereafter; for which reason the causes of observance and practice, or respectable common sense, must be held. In addition, this case is nevertheless so clever that even according to legal scholars, the recusation of the ordinary judge is permitted for reasonable reasons, in all rights: namely, if one must ensure that the ordinary judge will not be repugnant to himself, then the ordinary judge may be recuséed. Since it is evident that the judges and assessors of the above-mentioned Court of Appeal are more or less of papist faith, and not presumably that they themselves would be repugnant to them, and in matters of religion would recognize for us, who profess the holy gospel, however much right we might have, against their own faith and themselves, they may well be recused for this reason, according to the opinion of legal scholars, without some addition of pious people, whom we then also have in due number and form.
may suffer, be it so. In this case, they are no less our opponents, if they otherwise consider their papist or Roman faith to be right in their hearts, for which reason, in the same case, Imperial Majesty himself, as a most noble Emperor, would undoubtedly refrain from passing judgment. Therefore, in the same case, His Majesty himself, as a most noble Emperor, would undoubtedly abstain from judging, but would order such matters to be decided in other ways, as His Majesty has promised according to several decrees. Even if the secular law were still in use, in this case no bishop would be found who would not be suspicious or impartial, and therefore the remedy, which for reasonable reasons is in common practice, would have to be used again.
26 Since the causes of the reported suspicion are obvious, or at least can be proven in a short time, that they are of the papist faith, especially the majority, and they cannot deny the causes, it would have been their honor, conscience, and right to refuse such recusals, so that tumult and agitation in the German nation could be prevented; as persons of the Court of Appeals have been recusals in secular matters before, and nothing has been done against it.
27 And subsequently, when they did not want to respect this, we, the Elector of Saxony and Landgrave of Hesse, through our councillors Eberharden von der Thann, Johann Feigen von Lichtenau and Rudolph Schencken, again received a promise from the Royal Majesty, in which the article from the Cadau treaty was inscribed, and sent it to them. Likewise, we, the Elector of Saxony, at Vienna, when we were with the Royal Majesty, again issued an order from the same Majesty; but everything has been fruitless, but have urged us to send an embassy to Imperial Majesty in Italy for this reason in the past 36 years. Majesty in Italy and again complain of the change. Thereupon, among others, by D. Matthiam Held, at a meeting held at Schmalkalden recently after St. Dorothea's Day in the 36th year, the answer was that Her Majesty, at the request of the Court of Appeal, had only given such a decision, as reported above, that they should recognize which were religious matters or not. From this it again appears clear that they have given cause for such complaint about the clear imperial differences in the case and the imperial mind declared before them. It appears from this that they have given cause for such a complaint about the clear imperial differences in the case and the declared imperial mind, which would not have been necessary for them, but would have been sufficient for the promotion of public peace, according to the above-mentioned manifold imperial orders.
Carl von GOttes Gnaden, Roman Emperor, at all times Mehrer des Reichs etc.
Highborn dear grandfather, prince and prince, also well-born, noble, honorable, dear, faithful! Even though we have repeatedly informed your beloved ones and you others in writing and by our message, and have otherwise proved by our work that we alone are to plant peace and unity in the Holy Roman Empire of the German Nation, and to prevent all discord and disunity. We have also otherwise proved by our work that we alone are inclined to plant peace and unity in the Holy Roman Empire of the German Nation, and to settle and unite all discord and misunderstanding, especially of religion and matters of faith, by amicable and peaceful ways and means, and not to overreach or harm anyone for this purpose, but to keep and manage the established truce with your beloved and our kinsmen, but that your loved ones and others, however, with no reason, pretend and imagine as if we should not keep the established standstill, but, as soon as we see our advantage, should break it and overtake you by force: We do not wish to refrain from reminding and admonishing your loved ones and the rest of you that you should not give credence to such unfounded and untruthful charges, but that you should not provide anything else for us, except that we intend to keep the established standstill, and not to oppose anyone for the sake of religion or matters of faith, nor to arouse any indignation or revolt in the holy realm. etc. With friendly, gracious request, your beloved and you others will not let yourselves be persuaded by anyone else, nor be induced to any unpeaceful act or proceeding, as we fully provide and comfort ourselves to your beloved and you others, and want to recognize this together with the fact that it will bring you and your subjects yourselves peace, welfare and all good, in all graces. Given at Seville, on the seventh day of the month of July, Anno etc. in the year
thirty-sixth. Our empire in the sixteenth and our kingdoms in the twenty-first.
Carolus.
At mandatum Caesareae et Catholicae Majestatis propriurn.
Obernburger sspt.
To the Highborn John Frederick, Duke of Saxony, Landgrave of Thuringia and Margrave of Meissen, Archmarshall of the Holy Roman Empire, our dear grandfather and Elector, and other princes, counts, and cities, all and in particular, your dear relatives in the disputed religious matters.
Submissive response of the protesters.
Most Sublime, Most Great Emperor! Your Imperial Maj. Maj. our most submissive and always obedient and willing services. Most gracious Lord! Your Imperial Maj. Your Imperial Majesty's most gracious letter, which the same sent from Seville, on the 7th 1) day of July, to all of us and especially, as relatives in the disputed religious matter, I, the Elector of Saxony, first of all, and the rest of us thereafter, have received it with favorable and due reverence, and especially with the most submissive pleasure. And in return for the same from Your Imperial Majesty we thank you most sincerely. Maj. we thank you most humbly for this most gracious imperial promise that we shall provide nothing else to your Imperial Majesty. Majesty nothing else, but as Your Imperial Majesty has done for us several times before. Majesty has previously indicated to us in writing and by means of your message, namely, that your Majesty alone is to establish peace and unity in the Holy Roman Empire of the German Nation. They are inclined to handle and maintain the standstill, which has been graciously established with us. May Your Imperial Majesty's mind and will be done. Maj.'s mind and will be once again that Your Imperial Majesty shall maintain the aforementioned standstill. Maj. will maintain the aforementioned standstill, and will not be concerned to hostile anyone for the sake of religion or matters of faith, nor to arouse indignation or sedition in the Empire, nor shall we allow ourselves to be persuaded otherwise by anyone, nor to be moved to any unpeaceful acts or undertakings. etc. etc.
1) In the old edition "6th", but after the previous letter we put "7th".
And although we, for the sake of your Imperial Majesty, as a laudable and most highly praised Emperor, had no doubt about the united peace and standstill after her Majesty's previous gracious granting of it, nor about the imperial assurances subsequently given by writings and messages, it is nevertheless not without reason that all kinds of ungracious behavior on the part of your Imperial Majesty towards us and her Majesty's subjects will occur from time to time. Majesty should be against us and her Majesty's subjects; moreover, that your Imperial Majesty's Chamber and Rothweil Courts, touching your Imperial Majesty's consented and accepted decisions, should not be held against us. Majesty's deliberate and established standstill, adverse and improper actions, which for some time they subjected themselves to with active and void proceedings, have given us no small cause for all kinds of reflection and precaution. But upon the present request of Your Imperial Majesty. Majesty, we have no doubt that Your Imperial Majesty will take care of this matter. Your Imperial Majesty will, for the sake of peace and otherwise, not otherwise than graciously hold and show himself towards us, nor will he be moved to do otherwise by our adversaries and unfavorables, as well as next to God to Your Imperial Majesty. Majesty our submissive trust and confidence. Since also from someone of your imperial majesty. Majesty's Majesty, another would like to be imagined and given to us: to such a person we graciously wish to refer this matter to Your Imperial Majesty. Majesty's most gracious letter and appeasement, we do not want to give it any place or credence. Thus, with the help of the Almighty, we also wish to ensure that Your Imperial Majesty does not do anything else for us. Majesty shall feel and find nothing but obedient submission on our part; and that we do not want to be, nor find, those who want to be moved to some unpeaceful or violent action at their Majesty's most gracious request and desire. For although we are concerned, and a print 1) is now being circulated in the Empire of the German Nation, how on Your Imperial Majesty's behest Pabb. Paul is to proclaim and publicize a General Council to begin in Mantua on the 23rd day of May in the next seven and thirtieth years. From this, however, we may not hear or understand at this time, when the same would reach its progress, to the effect that it would be a common, free, Christian and unsuspicious council, and that the matters of the conflicting religion would be brought to a true Christian settlement and unity in another way,
1) Document No. 1284 in the 16th volume.
more unsuspiciously than has been done in some of the popes' previous councils, we nevertheless want to provide ourselves in all submissiveness to Your Imperial Majesty, because we consider nothing more necessary nor more salutary, even for Christian reconciliation, than such a common, free Christian council. Majesty, because we do not consider anything more necessary nor more salutary, nor more conducive to Christian conciliation, than such a common, free, Christian concilium, of which Your Imperial Majesty will be graciously pleased. Majesty's most gracious standstill and some of your Imperial Majesty's and the Empire's abdications. Majesty and of the Empire, would be held in the German nation, inasmuch as we also for this reason express our most submissive will, faithful good opinion and Christian concern to your Imperial Majesty. Majesty in writing beforehand, especially by the answer, 2) which we [now] casually submitted three years ago to your Imperial Majesty's Oratori. Majesty Oratori, who besides Pabst's Clementis, this name of the Seventh, message, was at that time personally with some of us, and appear to your Imperial Majesty without doubt. Your Majesty will, as a Christian and gracious Emperor, order things in such a way and in such a way as will serve true and righteous Christian unity and a religion founded in the Word of God, and so that the discord may be tolerated amicably, peacefully and without suspicion. For this purpose, the Almighty, and that only his honor be sought and considered, will graciously bestow his divine blessing, as we hope, and also want to ask for it daily in our churches. All this has been done out of most humble obedience to Your Imperial Majesty. Majesty, we do not wish to leave it unreported to Her Majesty, for Your Imperial Majesty is our ally. Majesty, as our most gracious Lord, in all submissiveness, we are at all times as willing as obligated. Date the 9th day of the month of Sept. 1536.
Your Imperial Majesty's most humbly obedient and entirely willing Elector, Princes and Estates, relatives of religion and matters of faith protestation.
29) To this end, we have not failed in the very best, but for the preservation of more glimpses, have had the Imperial Court of Appeal, and subsequently the Court of Arbitration at Schmalkalden, show sufficient, legitimate and well-founded reasons why the matters, for which the Court of Appeal has proceeded against us, against imperial and royal peace, and also against our interposed recusation, are matters of religion or, in each case, to the lesser extent, of religion.
2) Document No. 1216 in the 16th volume. See there s 5 f. ands 38 f.
3) The chancellor of the emperor, D. Matthias Held. See De Wette, Vol. V, pp. 48 and 51.
The first two words of the book, "The first two words of the book", "The first two words of the book", "The first two words of the book", "The first two words of the book", "The first two words of the book", "The first two words of the book", "The first two words of the book".
30 Thus the matters are situated, as we also indicated this initially to the negotiators, both Electors, at Nuremberg, 1) and then to the Imperial and Royal Majesties more than once, both in writings and orally. Majesties more than once, both in writings and orally, that we consider them matters of religion, because they flow from matters of faith, as reported; they could not or would not be discussed or carried out in a proper or legal manner, unless the conflicting matter of faith, as a quaestio praejudicialis, were decided beforehand by a common, free, Christian concilium. For the sake of clarity of understanding, we will use a number of cases and parables.
(31) Some relatives of our religion complain that they have unjustly abolished in their territories the papist, annoying mass and ceremonies that had been held for some time. The defendants argue in their defense that such mass is an abuse, not founded anywhere in the word of God, and annoying, therefore they have abolished it. The Court of Appeal wants to make a ruling on this. The Estates say against the famous jurisdiction of the Court of Appeal: it is a religious matter, and in the Nuremberg Peace Treaty it has been set aside until a general, free, Christian concilium. This dispute between the parties: whether this is a religious matter or not? cannot or may not be legally decided by the Court of Appeal, even if it were not so biased, unless the prejudicial article of faith and religion, namely whether the papist mass and ceremonies are Christian and divine or not, has been established and discussed beforehand. Without this, it cannot be determined whether the matter in dispute is a matter of religion.
32. Item, another: If a monastery is located in the territories of our or our relatives' authorities, and some of the persons of that monastery, enlightened by the word of God, are inclined to leave such monastic life as unmeritorious before God and annoying to the church of Christ, or to compare themselves to Christian doctrine and ceremonies; and the other monastic persons so stiff-necked that they not only do not want to be corrected or reported, but persist in their abuses, and nevertheless keep the monastery's income and favors to their will, which, in order to avoid noticeable annoyance and
1) See Document No. 1200 in the 16th volume.
For the sake of the consciences, that in our authorities and territories two kinds of repugnant services may not be tolerated, as the estates of the other part could not do nor tolerate, nor permit in them. And then one or more religious who have left the order want to return to their former doctrines, ceremonies and uses, with supposed legal action, on the grounds that such ceremonies should be divine and right: these cannot and may not be granted. For they want to say that their supposed doctrine and religion is just; so I say the opposite from God's word. But since the benefits are there for the sake of righteous worship, and the beneficium propter officium, namely the benefit for the sake of the service, and for stated reasons, their services, those of the persons who have left, are not useful to us, the estates, they cannot or may not be restituted without violating our conscience, unless they have first been made clear in a common, free, Christian concilio, as it is impossible that our doctrine and religion are contrary to God's word. Therefore, it is certain that such benefits are not due to the devotees, nor has anything unjust been created or done against them for this reason. And therefore the invaded prejudicial article of faith must be dealt with first and foremost in a free Christian concilio, before one can receive such an explanation on account of law and equity.
(33) And in this case the argument may not stand that he alone desires restitution of his revoked goods, because they may be due to him in no other way than by virtue of service, as stated above. If he is unskilled, uncomfortable and unwilling to perform the service, he is also not comfortable or capable of using it, and therefore restitution does not take place in such cases.
34 We have also informed the hero that we have reported in writing and handed over to the two Electors and negotiators at Nuremberg the matters that were then before the Chamber and other courts in the name that these were religious matters; they then also offered to report to His Imperial Majesty on this matter, so that the matter might actually be decreed. Majesty, so that the standstill at the Chamber and other courts may really be decreed.
35 From this it is now sufficiently clear that the Imperial Court of Appeal would not have been forbidden to proceed in this case. Chamber Court, even if it did not have the suspicion, as reported above, on it, even if Imperial and Royal Majesties had not forbidden it to proceed in this case, nevertheless the requested declaration would by no means be permitted.
would like to be nor should be. It is also clear to anyone who understands that this is extremely burdensome for us. From the foregoing it is sufficiently clear what Imperial Majesty and our will and mind have been in the establishment of this treaty. Majesty and our will and mind have been in the establishment of such a treaty; also what and to what extent such religious matters have been dealt with us, and that the Court of Appeal has been given such a provision by Imperial Majesty without our knowledge. Majesty, without our knowledge, but would have been justly satisfied with such a full and perfect declaration, which Her Majesty, in the reported two imperial decrees, has pending, besides the estates of the empire, in the case of Her Majesty, as well as with the assurance of Her Majesty, cum clausula irritante, which annuls all repugnant processes.
36 And if some party had lacked this, it might have been referred to Imperial Majesty, so that Her Imperial Majesty might have informed the same party with our knowledge and having heard ours beforehand. Majesty, so that her Imperial Majesty might have informed the same party with our knowledge and having heard ours beforehand, and peace and unity in the German nation might have been preserved as much as possible. And therefore we do not doubt that a conservative or honor-loving person will not misconstrue or resent us, that we flee from the knowledge of the people who have shown themselves to be so suspicious and biased in all the above-described actions, and who are not in agreement with us even in faith, but rather are repugnant to us, as to our repugnants. If we should put it to their knowledge, we would thereby do nothing else than that we would knowingly put ourselves out of peace into discord, deprive ourselves of the benefits of the right, and unleash our doctrine and ceremonies on those whom they oppose and persecute: for this may God, our Creator, graciously protect us.
37 From all this, Your Lordships and Princely Graces have to declare that the matters for which we and our related estates have been summoned to the Imperial Court of Appeal are religious matters. Your graces and favors have to declare that the matters for which we and our related estates have been summoned to the Imperial Court of Appeal are religious matters and those that flow from them, and that the much-announced Court of Appeal has unreasonably dealt with such matters alone, contrary to the imperial and royal treaties. We do not protest unreasonably against such burdensome and criminal action of the same chamber court, and that the same is recusable for many lawful reasons, as stated in our libel of recusals.
38 Because the imperial and royal decrees have not
The court has not wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness, nor has it wanted to be considered as having the right and fairness. Chamber Court, at the request of the papist clergy of the city of Hainburg, against the council and congregation there, and on the parish chapter of St. Martin and St. Johannis, as well as Abbot and Convent of St. Simeon in Minden, against the church of St. Martin and St. Johannis. Simeon's convent at Minden, against the mayor, council, thirty-six and congregation there, in public clear religious matters, on supposed restitution, and to leave the reported plaintiffs unconcerned about their church service, which is unlawful for them and for us; also to have the aforementioned of Minden put on guard, and also to have them proclaimed as put on guard in the open air, although void: Therefore we have nothing more certain to provide for ourselves than that they, for the execution of their alleged and void judgments, will proceed and proceed in a felonious manner, and thus your dear ones, the electoral and princely graces, in favor of and for you. It is certain that in the above-mentioned matters we may not turn away for the sake of our conscience, but must command God to do so. If it should then come to pass that war or insurrection should arise in the Holy Roman Empire of the German Nation, we hereby publicly protest before God and the world that we have sincerely and faithfully sought and desired peace and Christian unity, and that we have not encountered them, and have kindly, obligingly, and humbly and amicably requested your Lordships' and Princes' graces and favors to attribute this cause in the case not to us, but to the presumption of the aforementioned Imperial Chamber Court. For this reason, they will excuse us in a friendly, gracious, and favorable manner, and will dispense with these matters on their own behalf; they will also not accept, nor presume to execute and enforce, or be subject to, such previously null and void, violent, unlawful, and inequitable proceedings, and the judgments of execution and attention that have been rendered thereon; Nor shall any person, by whatsoever appearance or means such may be effected and devised, give or permit to be given any assistance, aid or encouragement, but shall refer the matter, together with all and every one of its adherents, to the supreme judge and true tribunal of his divine word, in a common, free, Christian, impartial concilio, which we are free and Christian to expect, to avoid war and outrage, and to seek the ways therein that serve peace and unity, and are well befitting. Inasmuch also
we want to do faithfully and gladly, as far as we can stay with it.
39 For if anyone, whatever his rank, dignity or being, should dare to execute such cassified criminal and unlawful proceedings, judgments, execution and orders, by means of a sought-after bill, whatever its name, we cannot, according to our relationship, leave all of us, and especially one or more of us so afflicted, but would be urged to protect such a person or persons in the case of a stay granted by Imperial Majesty, or even by Royal Majesty, and to defend our property with God's help. We would not leave our relatives, but would urge them to protect, defend, and handle the stay granted by Imperial Majesty, or by Royal Majesty, and the cassation declared thereupon, of our property, and to try as much as possible to prevent such an execution by the Chamber and other courts, with God's help, by allowing divine and natural rights and defenses, so that we and our relatives may remain untroubled and unoffended by God and His holy word, and for the sake of such proceedings. If someone is deprived of something for this reason, or if his body, possessions, goods, or other things are damaged and held up in other ways, he is to receive sufficient, fair, and proper restitution, pay, and change from the offenders. All of which we would much rather be spared, and hereupon we ask Your Lordship's and Princely Grace, your favor and yourselves. We have hereupon once again asked Your Graces, Your Majesty and Yourselves, to be mindful of our report, request and protest, and therefore to keep us excused in all ways. We want to do this together and especially to Your Lordships and Princely Graces and to you in a friendly manner. We wish to compare, accuse, graciously signify, humbly and kindly merit this with your graciousness and favor. Date the 13th of the month of November, after the birth of Christ our Lord and Savior 1538.
1253: Writ of recusation by virtue of which Elector John Frederick of Saxony and Landgrave Philip of Hesse, together with their religious relatives, declare the Court of Appeal at Speier to be biased and refuse to appear before it before the reformation has taken place. 1539.
This writing is found in Hortleder, lid.VII, eap. 21, p. 1305 and in Dnmonts eorps diplom., tom. IV, part. II, p. 238. Our time determination is based on the fact that the previous number went out "in" "published 38th year" in print, as reported in the entrance of our writing.
By the Grace of God, we. Johann Friedrich, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave in Thuringia, Margrave of Meissen, and Burgrave of Magdeburg, and Philipp, Landgrave of Hesse, Count of Katzenelnbogen, Dietz, Ziegenhain and Nidda etc., as leaders of the Christian evangelical understanding, in the name of ourselves and our common association, also by special permission and recognition of the highborn princes, wellborn counts and honorable cities and estates, such our understanding and agreement relatives: submit to you, the wellborn and highly respected persons, who at this time presume to own and dispose of the Imperial Chamber Court. Chamber Court and to decompose, to know herewith: Although it is not known to you or to anyone else that the Imperial Court of Appeal, of which you are, as you say, the owners, is not a court of law, it is not a court of law. Chamber Court, of which you presume, as reported, to be in possession of your persons, according to the order which was made and decided in Worms in the first and twentieth year, is not occupied, nor are we and our associated estates, which we, also princes, counts, estates and cities, so then more or less belong to the Holy Roman Empire and to the Holy Roman Catholic Church. We, and our associated estates, who are also Electors, Princes, Counts, Estates and Cities, and who belong in part to the Holy Roman Empire and to the distributed districts of the same without means, have not consented to such your present occupation and administration, but in various years at Schmalkalden against Doctor Matthes Helden, as the time of Imperial Majesty etc. Majesty etc., our most gracious Lord, Oratorn, and also subsequently against Sr. Majesty himself, in our Supplication and otherwise on many occasions, we have diligently and with the greatest difficulty complained of such inequality and partiality, aversion, disfavor and suspicion, as we can give clear and sufficient indication and proof of all this; also our letter of complaint, which we issued in the 38th year against your persons and had it printed, gives notice of this in many places. Which we have continued and persevered in our just complaint for and for, and especially at the Imperial Diet held at Regensburg in the past year, so that for this reason Her Imperial Majesty most graciously held at the same Imperial Diet, which Her Majesty Himself held in His own most exalted person, with the estates of the Holy Roman Empire (among which estates, also outside of our and our allies, many of you have also complained and complained most highly on account of your partial processes and unjust actions) unanimously resolved that the Court of Appeal in all and every person shall be held on the 14th day of January next year. The Court shall be visited and reformed to the extent and in the manner that the estates of the realm are to be involved in such visitation and reform.
formation. Now, however, we and our related estates have not consented to such visitation and reformation in any other way than that henceforth there should be no difference at all in the persons, whatever religion they are, but rather, to add persons of both religions, equality should be kept, of which we also have in hand the will, declaration and mind of Her Imperial Majesty in writings and good appearances, as the words of the same declaration shall follow hereafter. Thus also our and our related estates' councils and envoys in and at the parting of the same Imperial Diet, in the presence of Imperial and Royal Majesty, our most gracious lords, also princes, princes and estates of the Holy Roman Empire, have publicly protested. They have publicly protested that they will not accept such a parting otherwise than in accordance with their approval, of which also the imperial confession of the Holy Roman Emperor is a proof. The Holy Roman Emperor and the Holy Roman Empress have publicly protested that they do not wish to have such a parting accepted and approved in any other way than in accordance with their approval, of which Imperial Majesty has given letters of confession.
Article of the Imperial Majesty. Majesty's declaration "and explanation, as far as the chamber, court persons visitation and reformation are concerned.
(2) For the sake of the Court of Appeal, it shall also be understood that the assessors of the same shall be sworn to the present agreement and declaration, and the Augsburg agreement, as far as religion is concerned, shall not take place. Likewise, the persons who are presented shall not be refused because they are of the Augsburg Confession. And no assessor who is otherwise suitable shall be dismissed from the Augsburg Confession because of the Augsburg Confession and the same religion.
(3) The Estates related to the Augsburg Confession and the other Estates shall also be free to leave for the next visitation those whom they have to appoint to their chamber court, if they do not use them further, and to appoint other suitable persons of their religion in their place; and we do not want to have any difference of religion in the appointment of the persons for the visitation.
4 Similarly, it was again decided at the Imperial Diet held at Speier, and a resolution was passed that, after such a granted visitation had not progressed for important reasons, the same visitation and reformation, which should have taken place on the 14th day of January, should certainly be carried out at Speier on the 16th of June, so that in the Holy Roman Empire an equally impartial law could be passed, regardless of religion. The same visitation and reformation, which would have taken place on the 14th day of June, will certainly take place at Speier, so that in the Holy Roman Empire, irrespective of religion, an equally impartial law may take place and be communicated,
for this purpose the Imperial Majesty Majesty shall order its commissioners to do so.
(5) In such a form, our and our related estates' envoys have also granted such a leave, and thereupon the assistance against the Turks, with the express reservation whether such a visitation, in accordance with the above-mentioned declaration of the Emperor at Regensburg, would not take place. We and our estates do not want to help maintain such a chamber court, nor do we want to give or take justice before it, but we want to recuse ourselves not only in religious matters, but also in all other matters, so that we and they can report this to the Imperial Majesty and the Imperial Commissioner. and the Imperial Commissars' permission and confirmation, in which form such permission has been given by us; also their Royal Majesty's and the Imperial Commissars' permission and assurance that such visitation and reformation of the Court of Appeal, by virtue of the Regensburg Decree and the above-mentioned Imperial Declaration, will be carried out and executed. Declaration mentioned above, will also be carried out by the Imperial Majesty at the Commissaries. Majesty with the commissaries and visitators etc. The contents, as far as such visitation and reformation are concerned, follow from word to word:
We Ferdinand, by the Grace of God, Roman King etc., and we Hang, Count of Monfurt, and Johann von Naus, both Imperial Councillors and decreed Commissioners. We, Hang, Count of Monfurt, and Johann von Naus, both imperial councillors and appointed commissioners, confess and declare with this open letter: When the Estates of the Augsburg Confession humbly informed us that they do not wish to grant aid against the Turks, for with the reservation of the recent Regensburg Peace Treaty, and the Declaration of His Roman Imperial Majesty, our dear brother and King, we have the right to demand that the Augsburg Confession be granted aid. Majesty, our dear brother and lord, has given to the Estates concerning the Regensburg Peace; and that the same Regensburg Peace and Declaration shall last as long as the present Peace made here at Speier. Majesty have graciously granted. And we do so knowingly, in virtue of this letter, that by this imperial treaty made here, the reported state of peace at Regensburg and the imperial declaration made thereupon have not been abrogated, nor has anything been said to them. They shall last as long as the present state of peace established at Speier, in all measures as the Imperial Majesty has given such a declaration on the state of peace at Regensburg. And the future visitation and reformation of the Court of Appeal shall, by virtue of the Regensburg Decree
and the above-mentioned Imperial Decree. Declaration, be carried out and executed, and by Imperial Majesty Lei be procured to the Commissaries and Visitators. In the event that this should not happen, the above-mentioned Estates have reserved for them neither to help maintain the Court of Appeal nor to give and take justice before it, but to recuse it not only in matters of religion, but also in all other matters. etc.
6 Because you, the persons, who at this time unreasonably presume to dispose of the much-announced Chamber Court, were not at first ordered and placed there according to the above-mentioned Worms order, and with our and our related estates' consent, moreover, and especially, the above-mentioned visitation and reformation, inasmuch as by Roman Imperial and Royal Majesty we and our related estates have been graciously and variously put off in suggested declarations, grants and documents, has not yet taken place. Majesty, we and our related estates have graciously and manifoldly been put off in requested declarations, grants and documents, has not yet taken place, we are also still in the above-mentioned complaints on account of your persons; and then the lack of us and our related estates (that such visitations and reformations have not reached their progress) has not been at all, but we and the same our related estates obediently want to wait for the appointed day of the granted visitation and reformation: It is obvious that you are not to be our and our related estates' judge over all this, nor should we ever be obliged to come before you, to give or take justice; we do not intend to do so in any way, but will comply with the above-mentioned imperial declaration and also with the imperial decree. We do not intend to do this at all, but we will firmly adhere to the above-mentioned imperial declaration, as well as to the imperial and royal commissioners' grant, assurance, and documents given to us, in the confidence that you will have obediently and justly adhered to the same, and will continue to do so.
7. However, since you have until now, all this without consideration or consideration, that you have not been properly placed in the place, and also because of your person, as reported, you are highly suspicious, suspect and burdensome to us, moreover that the much reported promised visitation and reformation has not taken place, We and our related estates expressly condition and reserve that in such a case we not only do not want to help you, but also do not want to recognize or consider you as judges, but nevertheless consider yourselves as judges against us and our related estates, unlawful and allegedly unjust.
In this way, you have raised and presumed, and in the recent past, also more than one, against some of us and our related estates, supposed, unreasonable and unlawful mandates and citations, as because of the highly caused and urged defension and counter-defense, in which we and our related estates of the oppressed cities of Goslar and Brunswick have stood against our will, and for other things more, supposed, unlawfully recognized and let go out, so that we and our related estates must accept and feel that you, [who,] as reported, should not, can not or may not be our judges any longer because of right and fairness, will not ever let up, but intend without a doubt with you, to complain and insult us and the same our related estates, as much as in you, for and for, against right, with such and such alleged futile mandates, citations and processes: We and the same can no longer avoid publicly announcing and reporting to you, as is proper, that you are presuming and subjecting yourselves to such alleged compulsory jurisdiction against us and the same related estates unreasonably and against the law; that, as is publicly evident, no lawful jurisdiction or imperial compulsory jurisdiction at all is due and due to you against us and our related estates.
8. But in the case that the same should be due to you, and that we and the much-thought-of our related estates of our Christian union have so far found ourselves in many ways and on many occasions, and still find ourselves daily, must accept and feel that you are unequal, suspicious, careful and unjust judges to us, We and the many other related estates of our Christian union have found ourselves in many ways and on many occasions, and still find ourselves daily, having to accept and feel that you are unequal, suspicious, careful and unjust judges, and would be so from now on if we were to come to justice before you, and then stand before partial, suspicious judges, and their judgments would be extremely burdensome, and also contrary to all fairness and reason.
9 Moreover, and to top it off, we and our related estates have, as stated above, expressly stipulated and reserved that if the visitation and reformation do not take place, we have been put off, and thereby the previously reported suspicion, care, and danger of your persons have not been thoroughly eliminated, that we, by right, equity, and all respectability, no longer wish to stand before you in justice, but rather to refuse and recuse you in all matters.
10 Thus we have at present our and our related estates' councilors, envoys and attorneys, our dear faithful and special one, Georgen Lauterbecken, licentiate, Johann Keutel,
Ulman Böckel and Matthias Knipping, given power, imposed and ordered, do so in the name of ourselves and our related estates, in and by virtue of this present recusation vial, so that they shall refuse and recusir your persons over us and our related estates as judges; recusiren und weigern auch hiermit, kraft dieses Libells, wissentlich, hiermit öffentlich, bester und sicherster Form, im Namen unser; und, wie oft gemeldt, protestirend, dass wir und unsere mitverwandten Stände durch diese unsere und ihre rechtmäßig vorgewandte Recusation die rechte wahre kaiserl. We and our related estates do not wish to contest the true imperial jurisdiction and ordinary power in any way, nor do we and our related estates wish to prejudice the due, lawful and impartial rights of anyone of any standing or condition, or to infringe upon the honor of your, the presumed chamber judges and assessors, but that we have had to apply such recusals for our and our related estates' unavoidable necessity, and for the protection of their and our lawful affairs. And accordingly we say that for this time and henceforth no imperial compulsion to court, even in profane matters, shall be imposed on you. We therefore say that for this time and henceforth no imperial jurisdiction, even in profane matters, over us and our related estates may be appropriate or due to you.
(11) But all this only as long and as much as it takes for this Imperial Chamber Court to be filled according to the proper order. The Imperial and Royal Majesties, our most gracious lords, have issued a declaration, authorization and documents to visit and reform it, and to abolish all suspicion and complaints on account of your persons.
12 And whether you or someone else would like to argue that the Roman Imperial Majesty has written that such a visitation and reformation should not take place at this time. etc. that such a visitation and reformation should not take place at this time due to impediments that have arisen: nevertheless, Her Majesty has not ruled that you should nevertheless be convenient judges for us in the meantime over such noticeable objections that we and our related estates have had to your persons, nor has Her Imperial Majesty contradicted her previous approval, which was given out of high and excellent counsel. Your Majesty derogates from your previous approval, which was given in high and excellent counsel.
13 In addition, our and our related councils and embassies, which were at Speier at that time, publicly protested that we did not want to consent to such prorogation. And in the event that the Imperial Majesty had decreed that we would not consent to such prorogation, we publicly protested. Majesty had decreed that you should be convenient judges for us in the meantime of the visitation, then the
nor do we and our related estates thereby lose our rights, which are based on natural equity, any more than we could have been deprived of them without our consent.
14 Since, without much reported visitation and reformation, no equal and impartial justice can be given to us and our related estates, since all of you are of the Papist religion and have pledged and sworn to the Augsburg Agreement, notwithstanding that it has been repealed by the declaration given by the Emperor and the subsequent confirmation by the King's Majesty, to this day, and we and our related estates, with their Imperial Majesty and King's Majesty, have pledged and sworn to the Augsburg Agreement. Maj. and Royal Maj. We and our related estates, with their Imperial Majesty and Royal Majesty's approval, have expressly reserved the right, in the event that the much-touched visitation and reformation do not take place, and thus all suspicion and burden on account of your persons is not abolished, that we then do not want to be obligated to give and take justice before you: It follows from this that for a good while now you have been unreasonably and improperly exercising the jurisdiction which is not due to you against us and our kinsmen in law, by virtue of the imperial order, and that you may not subject yourselves to it until this day, without our and their special permission. We hereby publicly protest this.
15. But if it is not allowed that your persons should still have a judicial constraint on us or our relatives, as is not well possible for reasons we have heard, even by God and by right, then we say, as also reported above, that these persons of yours are highly repugnant to us and our kinsmen, biased, careless, suspicious, burdensome and avoidable, and may therefore be recused by us, so that we herewith and by virtue of this writing recuse, refuse and reject them in the very best form of right. For we recognize that we are not guilty of this, not even in rights, your persons for judges at all, in some matter, it may be created or designed as it may be, none everywhere excepted, that we want you hereby sufficiently reminded, also of such duly attested and protested; [you as judges] suffer, admit or grant, would also be acted against reason, unwise, and against common sense.
16 And because your suspicions and partiality are already sufficiently obvious, you are obliged to keep quiet now without evasion and not to proceed against us and our neighboring states; and if you would do so, you are obliged to do so.
you would be far more suspect and, by virtue of common law, would make things and war your own.
17 Since, even if you should be ordinaries and have some compulsion to go to court, we are not obliged, by virtue of the common imperial rights, to give further reasons for our suspicion of you, other than by oath. Nevertheless, we say on behalf of ourselves and our allied estates, by our princely words and oaths, that we do not owe these reasons to you. Nevertheless, we say on behalf of ourselves and our estates, by our princely words and oaths, that we do not dangerously oppose this recusation, nor can we know or recognize otherwise than that your suspicion is indeed true, and that the causes of such suspicion and suspicion can be proven in law.
18 In the event that we should be obliged to report further causes of such suspicion, in which we do not want to have committed anything but so much right, so that then our and our related estates' complaints, which we have against your persons and presumption, may be clearly noted by everyone, we say, yet without giving up all legal freedom and statutes, that you are especially suspicious and suspect of us and our related estates for the following reasons.
19 First, it is true and evident that you are altogether of a different religion, and even of a different faith, than we and those who are with us.
Item 20: That you have accepted and promised to keep the Augsburg Agreement, made thirty years ago, in its articles concerning religion, and have vowed and sworn to the same.
Item 21: That we and our allies did not accept such an Augsburg agreement in the articles concerning religion, as we cannot do with God and a good conscience, but we publicly protested against it and appealed from it to a future free, Christian, unsuspicious council.
22. Item: Because the highest enmity and partisanship commonly arise from repugnant religion and inequality of faith, and because it is public and notorious that because of such division in faith a grave distrust, dislike, and unfriendship has arisen in the Holy Roman Empire of the German Nation, not only between the estates, but also among private individuals, that we and our related estates, and also as those who are attached to our true Christian religion, can think of nothing more certain than such unfriendship, dislike, and partisanship.
We have to provide and to use you with all the unpleasantness and all the unwillingness to you, as they are most hostile to us and to our faith, than we really and in fact found them to be.
23. item: that you consider and regard all of us as apostates, and as those who should have fallen and departed from the old, true, Christian faith, against God and truth, quite despicable,
24. item: that you also do not hold differently with yourselves, also let yourselves be heard more than once, as if we (your respect) as apostates should not be able and enjoy any benefit and protection of the rights.
(25) Item: that you have declared and manifested such your mind and preconceived ill-will, dislike and enmity often enough and with many burdensome and unjust practices and praejudiciis against us and our relatives.
26 Item: that you have acted and promoted your presumed religion much and in many ways, contrary to the peace order, royal decree and command issued at Nuremberg, in a completely suspicious and biased manner, to the extent that this has been explained and defended at length and with constant truth in our recusals and those of the common estates related to our religion, in matters concerning religion. Likewise, in our, the Landgrave's, recusation letter, which we have let you insinuate in matters concerning the monastery at Kauffingen, in the thirty-seventh year; and then in the public notice, 1) which we have let both go out in the name of our and common estates against you in the 38th year. Which recusations and notices we have repeated and reiterated to the fullest extent possible, as if they were understood and inscribed here from word to word. And to indicate your suspicion, partiality and unwillingness even more clearly in detail, we say that our confession and religion and those of our kinsmen were rejected in the recent Augsburg Agreement.
27 Item: that it be specially ordered and commanded that all members of the court of appeals be seriously enjoined and bound to observe the Augsburg Departure of religion and faith in penance, as reported.
28 Item: that all this also happened in the two following visitations Anno 31 and Anno 33.
Item 29: That it follows that no one but enemies of our religion and the most repugnant come to the council.
1) Document No. 1252 in this volume.
Item 30: Although at times some persons have not been at all unpleasant to us and our related estates in this court, they have not been able to remain for long, so that things have finally come to such a pass that you have proceeded against us with processes and findings on the reported Augsburg agreement, and have considered those who do not want to agree to the same agreement to be heretics and apostates.
Item 31: Although at times the exception of the alleged heresies has been raised against us and related estates, and the private individuals of the same religion, with the Chamber Court, nevertheless, because you consider us and relatives of the Augsburg Confession to be heretics, a verdict has been issued.
Item 32: And although the Imperial and Royal Majesty, by means of a declaration and confirmation, has rescinded the Augsburg agreement mentioned above, in response to our complaints concerning religion, it is true that you still adhere to the same agreement, and are sworn and sworn to the same, and nevertheless continue with proceedings and findings against us and our allies.
33 Item: that some of us have been before the Court of Appeal with our clergy, suing them for a pre-announced settlement; but when the parties settled and agreed among themselves, and you were reminded of and became aware of such settlement, you ordered the Fiscal, out of special will against us, to act ex officio against the same persons.
34 Item: that you have not done anything like this against the states of the other part, nor do you want to allow it.
35. Item: Because we and our related estates, due to the aforementioned grievance of your persons, cannot avoid recusing you from time to time for just and lawful reasons, writing you out, and thus making our necessity manly terminable: that we have irritated and embittered your persons, even though it did not happen before, to such an extent that we cannot provide ourselves with an equal right to your persons, not only in religious, but also in profane matters.
Item 36: that the visitation and reformation will hardly take away your reluctance, dislike, hatred, and our distrust of your persons.
37 Item: It must be true that your partiality is evident from the fact that you have given some of our related estates their requested processes.
and mandates, and on the other hand granted the opposite party proceedings and mandates in the same cases, and thus in the same matters absolved the one and condemned the other.
38 Item: that you also proceed dangerously and biased in your proceedings, and either dangerously postpone the vindication that we and our relatives have with you, or promote it to our and ours' disadvantage.
39 As we then hope to prove this and other things against your persons in a necessary manner. And we, for ourselves and for our disciples, want to take care of all of this, for the aforementioned causes and legitimate reasons, so that you will henceforth refrain from proceeding against us and ours. If this does not happen, then we want to reserve for ourselves all and every necessity that is permitted to us by God and law; and we are obliged, if we should be obliged to do so, and not otherwise, to report such causes against you and the opposing party before arbitrary judges: To this end, we hereby declare you, namely the Highborn Prince, Mr. Ludwigen, Count Palatine of the Rhine, Duke of Bavaria, Archduke of the Holy Roman Empire, Elector; Mr. Otto Henrichen, Count Palatine of the Rhine, Duke of Upper and Lower Bavaria; Mr. Heinrichen, Duke of Mecklenburg; and the well-born nephews of ours and in particular Ulrich, Count of Helfenstein; Ludwigen, Counts of Stollberg and Königstein, and then our dear and special ones, mayor and council of the cities of Regensburg and Speier, hereby name our part, with the offer to settle with you of the same or others, and otherwise to render everything and anything that is legally due to us and our kinsmen in this matter.
B. About the annoyances that Chursachsen had with the bishop of Naumburg, Julius von Pflug, who was arbitrarily chosen by the cathedral chapter, and whom the emperor imposed on the prince by force through the court of appeals, but the prince refused to accept, and instead appointed Nicolaus von Amsdorf as bishop there.
1254 Two imperial rescripts to the Elector of Saxony and the cities of Naumburg and Zeitz, concerning the election of Julius von Pflug to the office of
Bishop, to which Bishop Julius von Pflug's public proclamation of his acceptance of the election that has taken place is attached.
This and the two following numbers are found in Hortleder, lid. V, eux. 12. 14 and 15.
a. Emperor Carl V. Reminder to the Elector John Frederick and Duke John Ernst of Saxony not to hinder the cathedral chapter of the Naumburg Abbey in its ordinary election, and to let Mr. Julius Pflug, or (in case of his refusal) another elected one, come to the abbey. Given at Regensburg, July 18, 1541.
1. Carl von GOttes Gnaden, Roman Emperor, at all times Mehrer des Reichs etc. Reverend, dear hosts, Elector and Prince! 1) The honorable, our dear devotees, dean and chapter of the Naumburg Abbey, have reported to us humbly: Although they, by virtue of common rights and old, well-established usage, are irrefutably entitled to elect a bishop of their chapter at due times, unhindered male, as they brought such into use many years ago, they also never relinquish it by permission of their chapter.
2. Although the bishops there and the reported foundation are subject to no one other than us and the Holy Roman Empire, and are subject to the latter's common suggestions, they have also received their regalia and liberties from us and the Holy Roman Empire, and by virtue thereof have a free administration in ecclesiastical and secular matters in exercise, your beloved ones shall, without doubt, for no other cause than unequal report received by them, submit to him lawful ordinary election in the honorable, our dear devout, Julium Plough, by their co-capitulars, and to prevent the same from obtaining due possession of the said foundation, and also to presume to do commandments and prohibitions in the said foundation, to protect and defend the subjects thereof against bishop and chapter, and thus to place and bring such a foundation under your authority and power, which would cause it and the reported foundation an unbearable burden and final ruin, and have therefore humbly appealed to us and asked that we may be graciously forgiven by your beloved.
1) From this salutation (also from § 9) it follows that this letter is addressed not only to the Elector, but also to the Duke of Saxony.
They will, according to ancient custom, remain with their ordinary choice, allow their chosen one to freely administer the intended foundation, and leave him and her unencumbered in other ways, as they provide themselves with such and more goods for your love, and are also meant to duly accuse themselves of all submissive wills against your love.
Now we do not want to fall short of your gracious opinion, that we have inquired about the trade on such your request and plea. We find in credible report that the said Chapter and their ancestors have been in quiet use, and are still, in case of need, precluded from using a free choice in the election of their bishops and arrangement of the rights, without entry and hindrance male.
Moreover, it is irrefutably true that not only we, but also our ancestors, Roman emperors and kings, required and described the bishops of Naumburg to the imperial diets that took place and were held as estates of the Holy Roman Empire, for which they were held all along, and still, like other estates, also burdened them with the charges and burdens of the Holy Roman Empire, which they obediently bore and performed along with other estates.
In addition, our ancestors and we have graciously lent their regalia to the bishops mentioned at times, as often as it was necessary, and confirmed and confirmed other privileges, and recognized them as our princes and princes of the realm, without this being called into question by anyone, of high or low rank, or having happened to them.
6 From this it certainly follows and may be concluded without doubt that the bishop and the monastery of Naumburg are not related to anyone other than us and the Holy Roman Empire, and therefore should not be taken over by anyone, contrary to us and the Holy Roman Empire and to our burdensome detriment.
7 Since this is the case, we are not in a position to judge for what permanent reason your loved ones may presume against the aforementioned foundation to prevent their free election and administration, it is due to us, as your loved ones themselves may judge, out of the imperial office imposed, to have the aforementioned foundation and chapter in gracious command, and to take due care so that they may remain with us and the holy realm, as has been the case from time immemorial, unencumbered and unpressured.
8. and therefore desire your loved ones with
But: with gracious diligence, your beloved ones want to report themselves here to the fairness, and do not hinder the said chapter in their happened ordinary election, but let the said Julium Pflug, or whoever is chosen in his place in case of his refusal, come to the administration and free administration of the said chapter, and let the same chapter, as well as the elected bishop, as a member of the holy realm, as such from old irrefutable tradition, remain unrestricted: The bishop shall remain unchallenged, and shall also remain unaffected in the spiritual and secular government of his monastery. In addition, the subjects of the aforementioned chapter shall not defend and handle the aforementioned bishop and his chapter, and thus give them cause for disobedience against their ordinary authority, but shall show themselves in such a way friendly and neighborly and in accordance with equity, as we have no doubt that your beloved ones will be inclined and willing for themselves upon this gracious reminder of ours, so that the bishop may conduct himself and prove himself in the spiritual and temporal government of his monastery in such a way as he knows how to answer for it to God and the Holy Roman Empire, and we do not doubt that he will do so with faithful diligence and thereby move us all the more to have and maintain him and his monastery in gracious protection and protection, inasmuch as this is due to us from the imposed imperial office. We are graciously inclined to do so for ourselves. Your loved ones wish to heed our gracious reminder, admonition and request, and to show and prove themselves to us so willingly, obediently and to such an extent as we in this and many other respects undoubtedly comfort and provide ourselves to your loved ones with all submissive will and obedience. We are inclined to acknowledge such graces and good towards your dear ones.
9 For where E. If your beloved will insist on their intention to take the aforementioned foundation and withdraw it from the holy realm, about which it would be irrefutable in public, even common estates of the realm know that the aforementioned foundation is related to and in charge of no one other than us and the holy realm, as such has been told and explained above at length, we will give your beloved the opportunity to judge for themselves how your beloved, as princes and rulers of the realm, will seek its welfare and reception next to us: We give your beloved ones to judge for themselves how your beloved ones, as princes and rulers of the realm, who are to seek and promote the welfare and acceptance of the same beside us, are entitled to such and to what reprimand and displeasure E. Liebden that this would also be the case with the common estates and males. So we also wanted to be reprimanded for our person more than in one way,
We do not know how to take responsibility for this against the common estates. We do not know how to answer for this against the common estates, according to our imperial office.
(10) We have not wished to keep all of this from Your Honor as a reminder of our gracious and good opinion. And although we do not have to provide ourselves with a discount in this gracious request, we nevertheless request the answer described above from Your Honor. Given in our and the Holy Roman Empire's city of Regensburg, July 18, Anno Christi 1541, our Empire's 21st year and ours 26th.
b. Imperial order to the two capitals of the diocese, Naumburg and Zeih, to abstain from the ecclesiastical estate and what is attached to it, and to hail Julius Pflug, if he would accept the bishopric.
digen. Regensburg, July 22, 1541.
We, Carl the Fifth by the Grace of God, Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicilies, Jerusalem, Hungary, Dalmatia, Croatia etc. King, Archduke of Austria, Duke of Burgundy etc., Count of Habsburg, Flanders and Tyrol etc., offer to our and the Empire's dear faithful, mayors and councillors of the cities of Naumburg and Zeitz, and the freedom there, our grace and all good.
Dear faithful! We are convinced that during the life of Philipsen, Bishop of Naumburg and Zeitz, and after his departure, you showed and proved yourselves disobedient and repugnant in many ways to the venerable Julius, elected Bishop of the above-mentioned monasteries, to our dear devotee, and to the chapter there, and especially that you accepted and ordered superintendents in religious matters in the ecclesiastical government and authority:
And you, mayor and council of Zeitz, out of your own mighty: The monasteries are to be taken into your hands, and the monks are to be stripped of their proper habit or clothing of their order.
Likewise, you, mayor and council of Naumburg and the freedom, against all Christian, also our and the Holy Empire's order, peace of the land, rights, and above the prohibition of your ordinary authorities, you have unlawfully torn up and destroyed a church at the Margin Gate, and (as to be feared) such and such disobedience and unlawful acts may be done and carried out by you even more, wherefore we have received no small displeasure and complaint, and are by no means meant to allow you to do so.
We therefore recommend you, with the avoidance of our and the empire's severe disgrace and punishment, by Roman imperial power. We therefore earnestly command you, by this term, to refrain from your unlawful and violent actions, to refrain from taking possession of ecclesiastical property and what is attached to it, as well as of ecclesiastical persons and their goods, and to refrain from doing so, and to return to them, without compensation, what you have taken and stolen from them. Also to the said Julius, elected bishop, to whom, in view of his excellent skill and faithful merit, we are inclined before others to act with but grace, and with the bishopric touched, if he will accept the bishopric, do homage (as is the custom of old); or if he would not accept the administration of the same, hold yourselves to a chapter, show support to the same chapter, and let no one turn you away from such, or further let you not be moved to disobedience; and if another bishop is chosen by the chapter, by his refusal of the said chosen bishop, then be obedient, faithful and faithful to the same, as your right lord, as you are obliged to do, and in all this keep, act, or show yourselves obediently and not otherwise, as we then want to provide this to you according to the fairness of [us] entirely. This is our serious opinion. Given under our imprinted seal, in our and the Holy Empire's city of Regensburg, on the second and twentieth day of July, Anno Christi, in the 41st year, of our Empire in the 21st year, and of our realm in the 26th year.
Ad mandatum Caesareae et Catholicae Maj. propr.
Obernburger. 1)
c. Des Julius Pflug public notice 2) or proclamation of his episcopal election. Given at
Kirchheim, January 16, 1542.
By the Grace of God, we Julius, elected Bishop of Naumburg, offer to all and everyone of the prelates, knights, judges, mayors, and other subjects and relatives of the said Naumburg Abbey, ecclesiastical and spiritual, the following
1) This name has five different spellings in Walch, namely: Oberbürger, Obrenbürger, Oberburger, Oberburg and Obernburger. The latter form seems to us to be the correct one (it is also found in Neudecker, "Aktenstücke", p. 115), therefore we have put it throughout.
2) This writing was posted on the cathedral church in Naumburg while Pflug himself was absent.
worldly status, as the names have, our favorable greeting, city and good will. And announce:
After the death of the reverend and highborn prince and lord, Mr. Philippsen, bishop of Freisingen, administrator of the monastery of Naumburg, count palatine of the Rhine and duke of Bavaria, our gracious dear lord, of high noble memory, we, through the venerable chapter of the cathedral chapter, have been called to your and your bishop's attention, that after a long time of misgivings we finally found that this chapter would be disadvantaged in many ways, if it should lack the length of a bishop and ruling lord.
Because we are then inclined to turn everything, which may bring trouble and damage to this monastery of Naumburg and its subjects and relatives, to the best of our ability, we have not wanted to resist the election and Christian calling that has taken place, the comforting confidence, after the dear God has called us to the episcopal office, that he will continue to grant grace, so that we may comply with it in the future for his divine honor and your best, which we then desire most.
Accordingly, we have duly given our will and consent to the above election, and thus accepted the episcopate. We do not wish to behave in this way towards you, to whom we are inclined with grace and good will, and we have finally had our inherent pledge printed. Date at Kirchheim, Sunday after Felicis [16 Jan], Anno 1542.
1255: Julius von Pflug's Supplication to the Princes, Princes and Estates of the Empire against the Prince of Saxony's Proceedings.
See No. 1254.
Supplication, which the Reverend in God, Mr. Julius, elected Bishop of Naumburg, has submitted in writing before Princes, Princes and Estates of the Holy Empire at the recently held Imperial Diet at Speier and had publicly read, against the most noble and high-born Elector of Saxony's criminal acts, by which he unlawfully prevented the Revered Elect from entering the government of his Naumburg Chapter, Anno 1542.
1. most reverend, most illustrious, most illustrious, most illustrious and high-born princes, venerable, well-born, noble, honorable,
Honorable and wise, gracious favorable lords and friends! Since Your Royal and Princely Graces, Dear Ones and Favors are now burdened with important business, which is of utmost concern to the German nation and common Christendom, and in which we all cannot fail to act without great harm, I would gladly spare Your Royal and Princely Graces, Dear Ones and Favors with my affairs at this time, if only my duties, which are related to the poor depressed Naumburg Monastery, would entitle me to do so. However, because I must now approach E. chur- und F. G., L. und Gunsten out of urgent need, and out of the demand for the same of my duty, I want to arrange this in such a way that my request shall not bring any hindrance to the necessary and excellent advice that one has here before one's hand.
2. and although I am pressed into this matter by the most noble and highborn Elector of Saxony, M. G. H., I am nevertheless anxious to advance it in such a way that E. chur- and F. G., L. and G. H. may decide that I do not seek anyone's disgrace or harm, but only that of the Naumburg chapter and my due justice, of which I herewith initially stipulate, and it is truly no small burden to my mind to be compelled to do so. For besides the fact that I, by the grace of God, have been able to refrain from quarreling in my own matters up to this time, for which reason I thank God our Lord, I would only very gladly stand idle against the princes of the House of Saxony, under whom I was born and educated. But since the most reverend Elector is pressing the poor monastery and me hard, and wants to inflict insurmountable damage not only on my person, but also on the monastery, I cannot remain silent about this with honor and a good conscience, but must do this in the name of God, which I can by no means avoid, nor should I, according to my duties, in the confidence that E. chur- and F. G., L. and Gunsten will not blame me at all, but will be inclined to be gracious and kind to my fair and reasonable request.
3. and so that I do not detain your chur- and princely grace, l. and favor with vain words, I do not know to save the same for a thorough report of my concern, that a venerable cathedral chapter of Naumburg, after the death of the reverend, noble and high-born prince, my gracious prince and lord of Freisingen and Naumburg etc., noble memory, to elect me as their bishop, ordinarily and unanimously, without my knowledge, petition and consent, in my
absence mentioned. And although the aforementioned cathedral chapter has rightly been granted such free election from time immemorial and is still entitled to it, and it has also been practiced and commendably brought about by them, as often as a case has occurred in their ruling bishop, without male hindrance: nevertheless, the Elector of Saxony, perhaps through the unequal report of some of his own, has allowed himself to be moved to the point that his G. has challenged the election that has taken place in my person, and has had it argued that it took place without his knowledge, with attached vehement commination etc., so that his Grace should have kept [his] ancestors' prescriptions, [and he] would have wanted more to handle the chapter with his free choice and this his fruitful and respectable justice, also to defend it against males.
4. However, since the Elector did not want to report himself to justice in this case, out of necessity, the Roman Imperial Majesty, our most gracious Lord, was approached, and the most gracious instruction and reminder was issued to the Elector of Saxony by his Majesty, that His Grace should refrain from this unjust action of his, that the Naumburg monastery and I, as the elected bishop there, should not be disturbed in the event of approval of the election, confident that His Grace will inform himself of the charges. will inform himself of the fee and show obedience to the imperial majesty.
5 But this notwithstanding, his Lord not only did not let the chapter and us remain in peace, but on Sunday after Exalt, Crucis [Sept. 18, 1541], next to several others, he took Zeitz Castle, also deprived the chapter of the administration of the monastery, which at that time was theirs by right and custom, and had the government in the monastery appointed by his own.
6) And although this was done contrary to the monastery's free will and old custom, his Grace had some of the monastery's members, who were sent by his Grace's advisors, argue that a chapter and I had given his Grace cause for such action, saying that the chapter had chosen without his consent and had chosen my person, whom his Grace did not like at all for the following reasons: namely, that at the next Imperial Diet in Regensburg I had stood before the Pope and his followers against the relatives of his Grace. for the following reasons: namely, that I stood with the Pope and his followers at the next Imperial Diet in Regensburg against the relatives of his G. Confession, and that I also opposed the House of Saxony in many cases. In addition to this, that I have declared myself to my most gracious lord, the Cardinal, Chur.
Prince, Archbishop of Mainz, promised to his repugnant, for a council, and would also have asked Roman Imperial Majesty for mandates to the cities of Naumburg and a letter to his Grace for the termination of the House of Saxony's justice. He has also promised to be a councillor to his adversary at the Roman Imperial Majesty, and has also issued mandates to the cities of Naumburg and a letter to his Grace for the termination of the House of Saxony's justice through practice: for this reason, he could not provide anything good for me, and should not suffer at all from his Grace as a bishop in the Naumburg monastery.
(7) Whether the Elector of Saxony is entitled to deprive the chapter of Naumburg of its justice on the basis of this mere, uncertain statement of his, and to block my entrance to the possession of the aforementioned monastery outside of the law, is a matter of concern to Your Royal and Royal Grace, dear ones and in favor of you. Thus the famous causes of his nobleman's dubious behavior are such that they can easily and with good reason disown themselves in the eyes of Your Lordship, Your Grace, Your Lords and Your Benefactors and all impartial and reasonable people. For that his Grace should presume to judge for themselves in matters of religion, they should refrain from doing so.
As far as my person is concerned, I have shown myself, without glory, in matters concerning our faith and the Christian church, in such a way, according to my simplicity, at all times, that one could find in the work that I am inclined to everything that is necessary for the glory of God and the betterment of the people. As I then hope, how in case of need many honest and pious and Christian people could give me testimony. But that I allowed myself to be used in the discussion at Regensburg 1, how I came to this, many honest men, also of high standing, no doubt know to remember, namely that I first excused myself, with request to spare myself with this, to which I have no understanding, and have also finally, in addition to the venerable and highly learned Mr. Johann Gropper, 2) Doctorem and Scholastern etc. Majesty for remission, but may not receive it. For this reason, I have had to enter into this out of the most humble obedience, and hope, although I can boast of little skill, that my faithful inclination will nevertheless have been felt in the action, so that it should not result in a reprimand for me. And I want to testify here, besides God and those who appeared at the discussion, that I have desired nothing more, and have sought nothing more for my simplicity, but so that through proper and Christian understanding, I may be able to do what I have done.
1) From April 27 to May 22, 1541, during the Imperial Diet there, which opened on April 5.
2) D. Joh. Gropper, Canonicus at Cologne.
The German nation would like to be relieved of the grave discord in these most dangerous of times, which is why Imperial Majesty has given the reported scholars and me the most gracious notification from all the estates of the empire. Majesty has given reported scholars and me most gracious notice of all the estates of the empire. From this it is easy to measure how unfairly I have been thus charged on account of the reported conversation, and a venerable cathedral chapter at Naumburg has been deprived of its traditional justice on my account.
9 Regarding the service in Mainz, no one can blame me, because my gracious Lord Cardinal, Elector and Archbishop of Mainz, is my Metropolitan. And even though there are now irregularities between the two Electors, they are not national feuds, moreover, because I entered the service before the aforementioned irregularities arose, and in it I was neither secretly nor publicly used against the House of Saxony.
(10) Thus no one will be able to show with reason that I have ever practiced justice against the House of Saxony, as is imposed on me to my detriment; and I may say with truth that I have been careful to do so all my life against no one, much less against the House of Saxony. But as far as the imperial missives are concerned But as far as the imperial missives are concerned, I would by no means have imagined that His Grace should complain of them, considering that the Emperor's Majesty has appointed him, the Elector of Saxony, to be the heir to the throne. Majesty reminds and instructs him, the Elector, by the same letter of her Majesty, what his Grace is obliged to do without this, namely, that his Grace allow the Chapter at Naumburg to remain unhindered in its free election, and not to presume to do what his Grace's ordinary rights forbid. Likewise, that his Grace does not deprive the monastery of its freedoms and rights and subject it to his rule. First of all, because the secularity of the monastery does not originate from anyone but the empire, that it is also subject to the empire, and that the bishops there have at all times been considered by the emperor and the empire to be princes of the empire, and therefore, like other estates of the empire, are required by the Roman emperor to attend the imperial diets. Which, in case of necessity, could be brought forward and proved satisfactorily.
11 Although this is the case everywhere, and the Elector of Saxony had to remember from his obligation to protect himself that his Grace should not deprive the monastery, bishop and chapter of Naumburg of their liberties and rights, but rather preserve them, my friendly cousins and brothers, because they have experienced the complaints that I have encountered from the Elector of Saxony, have nevertheless informed me of this.
Because of this, as the honorable nobility, and especially that the Elector of Saxony's nobles against the monastery should flow from my person, the more thought they have had, and want to have such a credible report from me. But when they received and learned this thoroughly from me and other people, they petitioned the Elector to answer for me to his graces humbly and truly, and asked that I be relieved of his ungracious suspicion, and not to be prevented from entering the government of the monastery, nor to let the chapter at Naumburg be rewarded for me.
12 And even though I was reassured next to them that the Elector would graciously consider their submissive request, and besides consider the Holy Empire's farewell, also that such a hindrance made by His Grace would bring an unheard-of innovation, so that I should be forced away from the Naumburg monastery, outside of rights, through no fault of my own. But nevertheless, despite all this, the Elector has given a negative answer to my friends on their fair and submissive request, strengthened the causes of his disfavor by some supposed mere suspicions, with an attached request that he might suffer in this matter the cognizance of the Elector and F. of the hereditary union, or of the protesting estates, or of a free, impartial council.
13) And whether it was a burden to him that I should accept a judge of his liking for his mighty action, as I still have misgivings about it today: nevertheless, because I was not shy about this matter of mine, even the Lord and Lord of the hereditary union were at Naumburg at that time, namely the most illustrious, noble and highborn princes and lords, Mr. Joachim, Arch Chamberlain of the Holy Roman Empire, Elector of Brandenburg 2c, Mr. Moritz, Duke of Saxony etc., Mr. Philipp, Landgrave of Hesse etc., my gracious lords, I have sent this complaint to their graces, with the humble request that they will enable the Elector of Saxony to drop the disgrace he has shown me and to admit me to the foundation without hindrance. Thereupon, in view of the fairness, with diligent efforts to avert the Elector from touching his burdensome project, the most illustrious Electors and Princes of the Legion have graciously shown themselves against the Naumburg Monastery and me. But Her Grace has also received a negative answer from His Grace.
14 And because I have noted from all this that the Elector of Saxony has not fulfilled his undertaken
I would have been inclined, according to my opportunity, and in order to avoid great trouble, work and danger, to leave the chapter idle, as I had doubts about accepting it from the time of the announced election, But I finally had to consider how I was appointed to the episcopal office by the ordinary election, and found that the cathedral chapter could no longer come to a free and lawful election, due to the unlawful prevention of the Elector of Saxony; as he has already announced to the chapter with a fierce threat: that they should not dare to elect another bishop, for he wanted to make an oversight in this himself. For this reason, I have put aside my opportunity, and I have had to fulfill my duty, so that I may be devoted to God, His Church, and much-revered foundation. For, if I were to turn away, and did not know to whom; because such would bring eternal ruin to the souls of the relatives and subjects of the foundation, I would not dare to defend myself against God and His Church in that case. And since the Elector of Saxony at that time refrained from suppressing the justice of the monastery in spiritual and secular matters, along with its freedom by force: if I did not accept the abandoned monastery, I would not be able to judge how I could honestly, well and with a good conscience answer for this against God, the Imperial Majesty and the Estates of the Empire. Accordingly, out of the demand of my honor, duty and conscience, I have given my consent to the election that has taken place, and have completely submitted myself to my dear God and His divine calling, in the comforting confidence that He will not abandon me with His divine grace, so that I may comply with what my office requires for the good of the Naumburg Monastery and its relatives and subjects. And although I am not unwilling to overcome with patience the persecution that is due to my person for this reason, I can nevertheless not refrain from doing what may serve the Naumburg Monastery, to which I am now attached with more duties than before, well and avert the injustice that has been done. And hereupon I ask E. chur- and F. G., L. and Gunsten humbly, obligingly and kindly, they want to be unburdened, to hear this urgent need of mine even further.
15 Although, after I had given my consent, because I could not take the possession of the monastery in my own person due to reported impediments, I made a public announcement to the cathedral authorities.
1) Church of Naumburg, by which I have announced my consent and acceptance of the Bishopric of Naumburg to all and every subject of the chapter, and in addition have written a special letter to the nobility and cities, with due reminder of their obedience, which has then come to them, also to the Elector of Saxony, to avert his undertaken power, in my name, and have indicated to him such my consent and acceptance, that I would like to receive without further ado that from S. G., which God and justice grant me. G., which God and justice grant me, also that I would not be urged to complain about S. G., that I would like to have a treaty: yet this has not been helpful to S. G.; for S. G. have not wanted to accept my letter, but have had it delivered to me again unbroken by my messenger. And immediately on Friday after Antony [20 Jan], next past, the royal family has invaded one, called Niclausen von Amsdorf, in my place, as a bishop in the monastery of Naumburg; they have also made 2) subjects of the same dependent on him. And although the same subjects are aware of their duty to the cathedral chapter, so that they should not pay homage to any bishop, unless a chapter would give it to them, likewise of the imperial mandate, so that the cities of the St. Gall are not subject to it. They also knew how to remember my public notice and tender, from which they noted that I was their chosen bishop, and for this reason they wanted to stand up to the Elector's unjust search, They were, however, led by threats and strange, unheard-of practices, with colored but unsubstantiated appearances, to the point that they partly took the oath of allegiance on a new, unfamiliar oath, and took such before the chapter and [I counted them] free of their 3) duty, as would not have been due to me 4) if we had wanted to do so, for many brave reasons. And since some of the convent's honorable relatives and subjects, in consideration of their previous and uncounted duty and conscience, did not want to enter into it, they must therefore, as I am aware, expect persecution.
16 Now I do not want to raise this matter higher than it is in itself, but ask E. churund F. G., L. and favor subserviently, obligingly and kindly, they want the circumstances, and how
1) No. 1254, o.
2) In the old edition: "them".
3) In the old edition: "and their".
4) In the old edition: "we".
It is therefore everywhere that it should be considered where it would finally lead also in the Empire of the German Nation, if such an outrage were to be observed, and at the same time it should mean the freedoms of the monastery and the justice of the Empire in the monastery: namely, that 5) a chapter at Naumburg, by virtue of the rights, also custom, is entitled to the free election of a bishop, so that the Elector cannot, nor should not, presume on any grounds that one should not elect one without his consent. For one.
Secondly, that the bishop of the place, and a chapter in the absence of a bishop, is entitled to the government there in spiritual and secular matters. As it has been brought to this swift and unlawful proceeding in lawful practice.
18 Third, that the bishop of Naumburg receives the secularity of the monastery, along with the princely regalia, in fief from no one but Imperial Majesty. This is how the bishops, as often as necessary, have complied with it at all times.
19, Fourthly, that the bishops of Naumburg, as princes of the empire, are required by the Roman emperors and kings to attend the 7) imperial days.
Fifth, that the bishops of Naumburg, or their commanders, from the monastery may appeal without means to Imperial Majesty and his chamber courts. Majesty and their chamber courts, and has the right to do so. All of this may be justly proven, in case of necessity, and with good reason proven and executed.
Since the monastery, bishop and chapter have been in due custody and quasi-possession until the present disturbance of the Elector and unlawful interference, as they should still be, E. chur- and F. G., L. and F. G., out of high and good sense, can well and easily judge with what justification the same Elector, without prior legal knowledge, would dare to grieve the monastery as indicated, and to dissuade me, the rightly elected bishop, from the monastery, and to subject himself to all this, as if it were due to S. G., [a] bishop of his favor. [a] bishop of his own liking, contrary to the ordinary election of the chapter, and to tear the subjects away from the chapter, and to make such a bishop, who has been inserted and is supposed to have been inserted, subject to their consciences; also to withdraw the monastery from the realm and to subject it to it, regardless of the fact that such a thing is contrary to the ordinary rights of the bishop.
5) In the old edition: "that they".
6) In the old Ausgckde: "zurechte".
7) In the old edition: "dem".
The monastery of Naumburg's freedoms, imperial majesty's remembrances, and the empire's decrees are contrary to and contrary to the old laudable customs in the empire. And if such a foundation should be taken away from the empire in such a way, and the subjects of the foundation should be moved, induced and urged against God, their duty and conscience: for which such a thing should be respected, and what should ultimately be done from this by all 1) sovereignty of the German nation, E. chur-, F. G., L. und Gunsten und männiglich wohl abzunehmen haben.
22) According to all this, I must, out of the demand of my duty and conscience, so that I am related to God our Lord, the Holy Empire of the German Nation, and also to the poor, oppressed monastery of Naumburg, request E. chur- and F. G., L. and Gunsten, humbly, obligingly, kindly requesting that the same E. chur- and F. G., L. and Gunsten want 2) for the strength of justice and to turn the unheard-of injustice to the Elector of Saxony, that his grace of the Naumburg Abbey cedes, and Niclausen von Amsdorf, whom S. G. and supposedly raised to a bishop, so that I remain next to the chapter in all and well established justice, and come to the possession of the chapter as the rightly elected bishop, and thus may duly and Christianly comply with that which I should not omit from my episcopal office and the appointment that has occurred.
If this does not take place with his friends, I am not mistaken, they want E. and F. G., L. and favor will in this case show themselves graciously, favorably and kindly with advice, help and support towards the Naumburg Monastery and me in such a way that the justice and freedom of the same monastery will otherwise be preserved by proper and compatible means and will not be withdrawn from the realm to which it is subjected without means, to which it is subjected without means, that I, as the right bishop, may truly come to the touched my foundation, and remain with the holy kingdom, as a member of it, and all the freedoms, rights and justices of the foundation, as I do not doubt, E. chur- and F. G., L. and in favor of equity and justice. In this way they prove a pleasant work to God Almighty, and in addition promote the benefit of the Holy Roman Empire and uphold justice, and also prevent the burdensome entrance that might occur in the same case against other estates.
1) In the old edition: "all".
2) Here we have erased "themselves".
3) "Christian" put by us instead of: "Churfürst!.".
For the sake of E. G., L. and F. G., I will humbly, obligingly and kindly, and with all diligence, be found willing and ready at all times to earn this.
1256: The Elector Frederick of Saxony's responsibility against Julius von Pflug's lawsuits.
See No. 1254.
Responsibility, so the most illustrious, highborn Prince and Lord, Lord John Frederick, Duke of Saxony, Archmarshall of the Holy Roman Empire and Elector, Landgrave in Thuringia, Margrave of Meissen and Burgrave of Magdeburg, at the Imperial Diet now held at Speier before Electors, Princes and Estates of the Empire by their Electoral Grace. Gn. He has publicly denounced Julius Pflug, who calls himself Elertum at Naumburg, for his disparagement and alleged complaints, which he made there against His Electoral Grace before the above-mentioned Electors. Gn. before the above-mentioned sovereigns and princes of the empire. Whereupon Julius Pflug's claim also stood, such is from the above-mentioned of the
Elector's responsibility to take emergency measures.
1. most reverend, most illustrious, most reverend, most illustrious, highborn, venerable, wellborn, noble, best, strict, honorable, honorable and wise, most gracious, gracious, favorable lords and friends. After the honorable and highly learned Julius Pflug, under the presumptuous title: Electus Episcopus Naumburgensis, recently published a ""thoughtful, extensive and vexatious complaint in the common Imperial Council against the most illustrious, highborn Prince and Lord, Duke of Saxony, Archmarshall of the Holy Roman Empire and Elector, Landgraves of Thuringia, Margraves of Meissen and Burgraves of Magdeburg, our most gracious lord, whereupon we humbly request that the same be sent to us, so that we may send the same to our most gracious lord, to have their constant counter-report done thereon; which has been graciously and favorably granted to us, of which we are grateful to E. chur- and princely. Graciousness, Grace and Favor we thank you quite humbly, also diligently, obligingly and kindly. And we then humbly send this document to His Electoral Grace, with the request to order us to do what we would like to do to His Electoral and Princely Graces, Graces and Favors. Grace, Grace, Favour and you thereupon in return.
We have received an order from His Electoral Grace to submit the following counter-report and reply. We have received an order from His Electoral Grace to make the following counter-report and reply. For, although His Electoral and Princely Graces, as well as His Graces and Charities, have subsequently been burdened with the most important and most excellent affairs of the German nation and common Christendom, since the aforementioned plow has not shied away from charging our most gracious Lord, as a Christian, honest and praiseworthy Elector, with such excellent affairs, as well as other opportunities, without any just cause, against His Electoral and Princely Graces, as well as His Graces and Charities, with often saved truth. The fact is that the Electoral and Princely Graces, as well as the Graces and Favors of the Electorate, will not be able to take into consideration such excellent business, as well as other opportunities, without all just causes, against the Electoral and Princely Graces, as well as the Graces and Favors of the Electorate. The same applies to the graces and favors of the Electorate and the Prince. His Electoral Grace's true responsibility against this.
2 And when he, Julius Pflug, initially stated, among other things, that he sought only the Naumburg chapter and its justice, and no one's harm, and that it was no small burden to his mind that he was forced to quarrel against his sovereigns, we indicate, contrary to our order, that it is because of this, as his writing reports, that he, due to inability, should not have burdened himself with quarrels and become repugnant to the House of Saxony and the fatherland. That he nevertheless subjected himself to it, there is certainly nothing else to excuse him than, as found with many of his peers in these latter times, the sorrowful temporal hope that he, as a born nobleman, would now like to be respected and scolded as a prince, as this alone is undoubtedly in his head (sic), that he has striven so wickedly so far, and still, so much in him, so that he might tear the pin from the House of Saxony and the fatherland, he should nevertheless consider that it would be more advisable for the reported House of Saxony to suffer another hardship (which God will mercifully turn) over this, than to have their lands, their intention, torn apart in such a way by him and his peers, against old custom.
3. and that Pflug is not driven by divine or Christian zeal, as he pretends to be, to this unauthorized bickering, but only by the ambition he touched, this can be easily and well judged from this: for with conscience he will never be able to deny that he was not in the life of the most illustrious, highborn prince and lord, Mr. Philipsen, bishop of Freisingen and administrator of Naumburg, born Count Palatine of the Rhine etc.., blessed, because H. F. G. often
sick, [this] said, on this foundation secret and cunning practices were carried out behind the Elector of Saxony, as the patron and prince of the protection of the soldiers, which then moved the Elector of Saxony two years ago to let him know that he wanted to abstain from it etc. For even though Pflug is not unskilled in his way for a French and Roman student and scholar, S. C. F. G. has therefore kept him all the less in Naumburg, in S. C. F. G.'s lands, than S. C. F. Gn. and their subjects, including those of the abbey, of Christian confession, and also those who are averse to the reception of the reverend sacrament according to divine institution and Christian church customs, could never consider him useful, tolerable and suitable for the episcopal office, since he is bound by papal doctrine, ceremonies and commandments, It is not possible for him, as a priest, dependent on papal doctrine, ceremonies and commandments with duties, to be a church shepherd and bishop for the Christian people reported to the church, so God's word and touched confession in cities, villages, also the more part of the nobility, and to keep house with them 1) well and in harmony.
4 No one will be able to believe that he ever had any doubts about whether he wanted to accept the episcopate or not, since he had sought it so long before with all Roman lists and practices. And even if he outwardly posed as if he had doubts about accepting the position, it was still pure hypocrisy and gilding, for which nothing caused him, except the aforementioned notice that the Elector of Saxony had given him a few years ago, as reported, and that he hoped and believed to come into the position of the monastery, castle and estates against the elector's thanks and will. For if he had been serious about whether he wanted to accept the endowment or not, it would have been most questionable for him, according to the present circumstances, and especially against the sovereign and the fatherland, against God and conscience, as well as against the honorable good customs of all peoples, to get involved in such a way.
5 For the direction of his mind can be well understood from his search, which he is making to your electoral and princely graces. And that he, because he does not want to suffer well through his Roman cunning plots to the poor monastery, which truly does not know how to come by a small, small income, would also like to see it out of an unbishoply and unchristian mind,
1) In the old edition: "of the same".
that the sovereign and the Christian subjects of the monastery would be burdened and weighed down, who once expressly declared, without all the practices or coercion of the Elector of Saxony, as Plough S. C. F. G. imposes with impudent unreason, that they would not consider agreeing to any bishop who is not of a touched confession and doctrine, and to command body and goods to God. For they themselves would have considered and can consider how they would sit in love, tranquility, unity and peace with such a bishop.
Thus, Pflug cannot write with a clear conscience that there is any Christian, honest or reasonable cause that could have moved him to this unchristian insistence, outside of his conceived ambition. For neither he nor anyone else can say with truth that the Elector of Saxony ever presumed to deprive the monastery of the slightest thing; neither is S. C. F. G.'s mind today; just as S. C. F. G. is against the most noble and illustrious, highborn Elector and Prince, namely Herm Joachim, Margrave of Brandenburg, etc., Prince, Mr. Moritz, Duke of Saxony etc., Mr. Philipsen, Landgrave of Hesse etc., our most gracious and gracious lords, when they were with each other at Naumburg in a short time, as Pflug writes, he has expressly let them be heard. In the presence of some of the chapter at Naumburg, also from the monastery estates, S. C. F. G. have had everything that was available at Zeitz as movable property, since S. C. F. G. took the monastery into custody or custodiam against Pflug's practices, properly described, inventoried and decided.
7 And when afterwards, by Pflug's and the Naumburg chapter's excellent cause, the venerable Nicolaus von Amsdorff, by his electoral grace, was appointed a Christian bishop of Naumburg, qualified according to the Holy Scriptures, in addition to the chapter's estates, S. C. F. G. had the same chapter assigned to him, with all grants and authorities, and also complete government; which the entire chapter knows, even without this being the case. For in order that Julius Pflug and his followers may not imply to S. C. F. G. that S. C. F. G. did not mean the aforementioned custody, but wanted to subject themselves to the monastery itself, such has been one of the reasons why S. C. F. G. proceeded to the touched decree of a Christian bishop, besides the monastery estates.
8) The bishop of Naumburg, Nicolaus von Amsdorff, is also a witness to the Holy Scriptures.
He is a licentiate, well aware of Christian conscience, and has given such testimony to his teaching, conduct and life in the places where he preached and proclaimed God's word before, as especially with the council and the entire community of the old, honest and great city of Magdeburg, that he will not allow the church at Naumburg to be deprived of anything for the sake of anyone of higher or lower status, to the detriment of his conscience, nor will he act unjustly for himself. Thus the Elector of the monastery desires nothing more than to remain and be left with her and the House of Saxony's established rights and privileges, which will be further reported hereafter.
In addition, the monastery and the people are sufficiently, Christianly and well provided for with the reported bishop, Julius Pflug, 1) even if they do not have the above-mentioned deficiency with him due to the repugnant doctrine, praise be to God, and, as we do not note otherwise, well satisfied. For this reason, Pflug has left him undisturbed before God, since the same bishop seeks the salvation of the dependents and subjects of the chapter and the entire superintendency with faithful, high diligence, with the proclamation of God's Word and other Christian achievements, and exercises his episcopal office according to the instruction of the Holy Scriptures and St. Paul. Furthermore, because he has the right vocation before God for the same office, he will practice Christianity without any doubt.
Thus the Christian people of the monastery and the entire Naumburg superintendency can sit in love, peace, tranquility and Christian unity with the reported bishop of their religion, and otherwise everywhere, as well as the sovereign and patron, the Elector of Saxony, who otherwise would have to be in constant trouble and unrest because of the obligatory protection. Therefore, it is clear and obvious that there is no divine, just or lawful cause that should motivate Pflug to this quarrel of his and to strive and act against the sovereign and the fatherland.
In the past, pious, Christian and kind-hearted bishops, as the histories show, resigned from their episcopal sees, of which they were already in full possession and granted, and did not let the supposed jus quaesitum in God's ecclesiastical offices continue, where they alone noticed that they had neither love nor good will with the people, and would not create fruit for their salvation and happiness. How does Julius Pflug want it here?
1) That is: instead of Julius Pflug.
He has to answer to God that he wanted to present himself to the reported foundation and people, to whom he was not agreeable, and that he also wanted to cause all kinds of troubles because of it, which will now willingly not let itself be pressed by God's word on its opinion and human statutes, but will keep God's command and commandment: Cavete a falsis prophetis; as also the estates of the same foundation, as obftehet, have already let themselves be clearly heard.
12) And for this reason, the Elector of Saxony has made no secret of the fact that he considers Julius Pflug's repugnant religion and the great burdensome circumstances associated with such repugnance to be a cause, 1) S. C. F. G. for a bishop also unpleasant and inadmissible. For what kind of a bishop would it be who would pull and push his church and his people away from God's word, who would also sit with the same in constant unwillingness, strife, quarrels and discord, and would not build, but only devastate?
13) The fact that S. C. F. G. had the next Regensburg discussion reported when S. C. F. G. took custody of the monastery: this was done solely to indicate and prove that Pflug was not S. C. F. G. and the same religious relatives, nor the Naumburg monastery's subjects of confession and religion, but was repugnant to them, because he had allowed himself to be ordered to the reported discussion on the papacy's side. For he is otherwise so slippery that he has allowed himself to be heard in writings against several estates of the foundation that he has never been nor done anything against the pure doctrine, so that he might well deceive good-hearted people. Otherwise, S. C. F. G. has little lack of the suppression in question, and that he allowed himself to be used for it, for which reason it would have been unnecessary for him to lose so many words about it in his complaint.
14 Without a doubt, he would not have entered the service of Mainz, where he would have been the Elector of Saxony and his kinsmen, as well as the subjects of the Naumburg Abbey, so that S. C. F. G. would not have had much faith or trust to plow in their offices and courts. Therefore, no one will doubtlessly blame S. C. F. G. after all opportunity. S. C. F. G. would also know how to give further answers to his supposed extenuation, where it would be convenient. But after a bishop of Naum-
1) The pike: This is the first reason why Pflug is not convenient for the Elector as bishop. The second cause is given in § 14, the third in § 15 etc.
If S. C. F. G., as sovereign prince and patron, is obliged to advise and help in his and his country's matters, and also to attend the Diet in such cases, and if S. C. F. G. would not be advisable, because Pflug confesses to the Mainz and Magdeburg Councils, to go to their and their country's matters: then your chur- und F. G., and your graces and favors have to understand from this, how Pflug can or may be acceptable to S. C. F. G. at Naumburg for a bishop, because S. C. F. G. does not know to let himself be deprived of glory.
15 From time immemorial, a large area of S. C. F. G. land has belonged to the Naumburg superintendency or district, as it was then called, with regard to church and spiritual matters; and although, due to the inconsistencies in religion that had occurred, S. C. F. G. had to have the spiritual and church matters concerned transferred to other ways at great expense for several years, a bishop at Naumburg had the rent and validity for it. C. F. G. had to have the alignment of ecclesiastical and church matters in other ways provided with expenses some years ago, but since a bishop at Naumburg has rent and validity for it, and Julius Pflug is S. C. F. Gn. Since, however, a bishop at Naumburg has rent and validity for this reason, and Julius Pflug is not of S. C. F. G.'s religion and confession, so that he would like to lead the ecclesiastical episcopal superintendency in the affected places of S. C. F. G. without destruction, then from this the third cause, founded in reason and all Christian equity, is to be heard, that Pflug is not to be had, nor permitted or tolerated by S. C. F. G. and its lands for a bishop at Naumburg.
16) But to take up the fourth main cause, why Julius Pflug did not know the Elector and House of Saxony for a bishop at Naumburg, nor the ways, of which he complains, inevitably had to take in hand, otherwise S. C. F. G. wanted to remain undecided of their glories and rights and of the same sovereignty or quasi sovereignty at a bishop and the monastery of Naumburg: so we have order to indicate this from the first, that the Elector of Saxony etc., of our most gracious lord, has never been, nor is it yet, to deprive the realm of the rights which it has over the monastery of Naumburg and a bishop there; this shall also be true, and not otherwise. But that Pflug wants to draw and introduce from the same of the empire's rights (as he does not allow anything to be gained from too many lenient indications), as if the Elector and reported House of Saxony should not be entitled to any rights to the monastery, because that perhaps S. C. F. G. should be a mere emergency servant, for the sake of protection, so, if S. C. F. G. is in need of hereditary protection, that they should not be able to use their electoral rights.
The House of Saxony does not confess to this at all; as Plough has noted without doubt enough from the entire writing that Duke Heinrich of Saxony etc., blessed, and the Elector, who is bishop of three of the House of Saxony, sent to Imperial Majesty against Regensburg a year ago. Majesty against Regensburg a year ago, the contradiction has undoubtedly been sufficiently noted.
17 If Julius Pflug may also pretend such things against the House of Saxony and the fatherland, since he does not have the sovereignty of the foundation: what would he have undertaken, if he had been granted such a possession, since he is so eager for the supposed princely state? therefore it is his only concern, and much more, than the episcopal pastoral care and superintendence. But God, whom he so often calls his reason, also his dear God, and yet knows little, also strives to see God's will and work destroyed, will repay him; he will know that.
18) But what the House of Saxony is accusing him of in terms of justice with their bishops and monasteries, among other things, the above-mentioned Duke Heinrich, blessed, and the Elector of Imperial Majesty have indicated in the above-mentioned letter to Regensburg, among other things, most humbly.
19 For this purpose, a chapter of Naumburg has decided to elect such a bishop who is agreeable to the sovereign prince and patron, and to whom he is inclined with good will; as the postulation of the above-mentioned bishop Philipsen at Freisingen shows. The same chapter has also, as we do not know otherwise, announced their election day to their sovereign, and otherwise publicly announced it. In such cases, the submissive request of a newly elected bishop has also been made, as is proper for a chapter's sovereigns and patrons.
20 But after the death of the same bishop Philip, the chapter of Naumburg, no doubt due to Pflug's and his followers' instigation and practice, began to oppose custom; perhaps because Pflug had previously noted that he did not want to be acceptable to the Elector as bishop of the place. For although the Chapter, about two years before, promised the Elector's skill, since at that time a rumor arose that Bishop Philip should be deceased, to no election nor postulation without His Electorate. Gn. without the foreknowledge of His Electoral Grace. Grace graciously? The following is to be expected
The aforementioned chapter, contrary and improper, also against custom and previous laudable usage, secretly and deceitfully continued to disregard all reminders given to them by the Elector through His Electoral Grace. Gn. Envoys, and otherwise in writing, and also about Sr. The Elector's gracious admonitions not to hurry, but to look for such a person from his own means, or, if there is no such person, to look for another one, whom the Elector's Grace, as well as his territories, can find. If they do not know of any, they have orders to indicate to them several persons to choose a Christian bishop from them.
21 However, the same chapter members, of whom there is said to have been a small number at that time, have stretched their heads and continued to do as they pleased; which has not unreasonably burdened Your Electoral Grace, as Your Electoral Grace and favor themselves can easily consider. Graces, also Graces and Favors themselves can easily consider that all this also happened from Er Julius Pflug's substructure and instigation, perhaps and without a doubt with such and such delays, where they mentioned to him that he trusted to lead it out, even though it was displeasing to the Elector. This is to be understood from this, because otherwise he would have had to be described and required by Mainz for the election, so that he could have reached the election day, but this would not have been possible in a hurry.
22 And although the Elector of Saxony, as the prince and patron of the monastery, would have had good cause to immediately order Sr. Gn. The Elector of Saxony, as sovereign prince and patron, would have had good reason to take such a course of action, as was subsequently done, against such dangerous arrogance: nevertheless, His Electorate, the Elector of Saxony, has taken the matter into hand almost three times. Gn. have watched and been patient for almost three quarters of a year; and while it has been said that Pflug is in doubt as to whether he wants to accept the endowment or not, His Electoral Grace has, through some of their councillors, taken up the matter. Gn. had some of their councilors and servants from the nobility talk further with some individuals of the chapter, but only for themselves, and also indicate possible ways, so that such ways, where the priests would have wanted to consider it, would not have been necessary. However, nothing has worked, nor what His Electoral Grace has done through their councils. Naumburg, when the above-mentioned Electors and Princes were in Naumburg with each other.
23 But that plow, so that he ever enough denigrate the sovereign and exercise his displeasure,
writes: "His Electorate. His Elector's Grace had told the chapter that they should not be obliged to choose another bishop, but that His Electoral Grace wanted to make provision. He reported too little on this, and partly concealed the truth. For when the Chapter had opposed the aforementioned S. churfürstl. Gn. The chapter had so much noted in the reason that it would not elect such a qualified bishop, even in the case of Pflug's dismissal, with whom His Electoral Grace and the subjects would be satisfied. The Elector and the subjects of the monastery would be at peace and at peace for the sake of religion and otherwise. They have been told again by His Electoral Grace that they should also remain silent in the case in question; thus a notary public is needed for the same speeches and actions, whose instrument will well indicate the reason and the circumstances.
24 After both, Plough and the Chapter, had been involved in vain deceit, and, as is said, had at times spoken and not spoken, and had outwardly let themselves be heard, but had meant and done something else, solely in the opinion of depriving the Elector of Saxony of his rights to the Naumburg Abbey, and of depriving His Electoral Grace and the House of Saxony of them, Your Majesty, the Elector of Naumburg, of his rights to the Abbey of Naumburg, and of his rights to the Abbey of Naumburg. and the House of Saxony of the same: thus, His Electorate and yours have taken the Together with theirs, they must consider it more advisable, as without doubt each of His Electoral Grace's status is in the same case. In the same case, His Electoral Grace would have to consider it more advisable, as no doubt any of His Electoral Grace would do in the same case. The Elector's Grace would have to be more cautious, as no doubt every Elector's Grace would do in the same case, so that His Elector's Grace would not be deprived of their justice by the whistles. The Elector's Grace should have filed a complaint, because everyone is permitted to protect and handle his estate or quasi estate by convenient means; for this reason, Julius Pflug, he would have been justified in refraining from imposing the duty of protection on the Elector, and on His Electorate. Gn. ancestors' vaunted prescriptions, which he will also hardly know how to present on his interpretation. Thus, as it is said, the patron and the one to whom he is obligated to protect are bound to equal respects; for how would the patron come to it, since the patron seeks his justices, that he should nevertheless be obligated to watch him do so and sit quietly?
Thus Pflug was also so proud, perhaps in the confidence of his practices, that he did not like to greet His Electorate as the sovereign protector and patron. Gn., as the prince of hereditary protection and patron of the foundation, reluctantly greeted him with a letter or a friendly, compliant notification, even though Bishop Philipp, born of a high princely stock, did not desire anything else than a friendly will, also through the support of the next deceased two prince electors, to the much-reported foundation.
26 For although Pflug's friendship according to the ordered custody requests His Electoral Grace with a petition. with a request, His Electoral Grace may well suffer that Pflug be heard. His Electoral Grace may well suffer Pflug to be heard as to how he would like such a request to be made.
27) That also the Elector of Saxony, as Pflug writes, did not accept his letter when His Electorate was in the process of providing a Christian bishop for the monastery, but sent it to him again unbroken. The Electors were in the process with the monastery authorities of providing a Christian bishop for the monastery, but had the letter sent to him again unbroken: this happened for the reasons he notes from the note which the Electors ordered his messenger to give through their chamberlain. Gn. ordered his messenger to give through their chamberlain. And although he reports in his present letter of complaint what should have been stated in the letter, His Electoral Grace does not know it, for what he now says is not true. Grace does not know, because what he now wants to report himself. However, since Pflug uses an unusual superscription, he should have pretended, as the Roman art does, where the Elector accepted the letter, that His Electoral Grace would have reported what was in the letter by the mere act of writing it. Gn. had tacitly and tacitly accepted his opinion by the mere acceptance.
That ploughs have dealt with the chapter alone, and will again, as much as is in them, strive how they would like to lead the pious Christian people into further expense, damage and trouble, out of hatred of their known and accepted religion and God's word, in constant discord, persecution, displeasure and unkindness with the subjects of the chapter, and especially the cities of Zeitz and Naumburg, can be clearly understood from the alleged mandate, which was issued to the reported cities by Imperial Majesty our most gracious Lord at the most recent Imperial Diet in Regensburg. Majesty, our most gracious Lord, at the recent Imperial Diet in Regensburg, in which the city of Naumburg complained to the noble Imperial Majesty, among other things. Majesty, among other things, complains about and is damned because of an old stone wall 1) that stood in a very inconvenient place, and all filth gathered under it, also caused the neighbors a lot of trouble; moreover, that such old masonry in their stately fair of St. Peter and St. Paul was quite obstructive to driving, walking and weaving, broken away, and the street of the place widened.
29 The city of Zeitz is accused of having taken the monasteries there into their hands, and of having deprived the monks of their proper habit, or clothing of their order, which was done solely out of hatred of their adopted true Christian religion, and also to prevent the Christian schools, which the poor people had for their own use.
1) In the old edition: "Mauerwegs".
Children and youth have been raised with them, and thus brought to their Imperial Majesty with a reason. Majesty.
30 To this end, the same alleged mandate has been demanded from the Highly Revered Imperial Majesty. Majesty that the braggarts would have been happy to deprive the Elector and the House of Saxony of their hereditary protection of the monastery. But that Pflug is certainly not concerned with the episcopal office, nor with the order which St. Paul gave to the bishops of Mile. Paul gave to the bishops of Mileto in his departure there, but only about the prince and the desired princely state: Such is to be heard from the further sufficiently that he so gladly wanted that a bishop of Naumburg would be respected and accepted for a prince of the empire, and the monastery completely and only for a monastery of the empire, with all glories and rights; And do not consider that the same monastery has such a small income, because the unspiritual drudgeries fall in the lands of the sovereigns, that with a magnificent bishop the necessary officials for the civil and secular matters can be maintained there with pay and food. If a bishop of this place should also be an imperial prince and use imperial status and session, then he would not be able to make use of such income. Therefore, and due to such concerns, the bishops of the place have undoubtedly kept to the sovereign and their lands from time immemorial; Roman emperors and kings, considering their incapacity, have also let it happen in this way. If Plough had been interested in the direction of the episcopal office, also spiritual and church matters, in his mind, and had wanted to seek the welfare of the monastery, if he had come to the same office, he would have been more obligated before God to spend the affected monastery's small income on the assistance for the spiritual and secular government of the monastery and the superintendency, than to spend impossible expenses on the kingdom's dealings on account of the monastery, to its insurmountable burdens.
That it is also different with the reported monastery and a bishop there, because as Plough presented to Imperial Majesty at Regensburg obreptitie and surreptitie. Majesty at Regensburg, and now again impudently claims: that the Elector of Saxony is claiming one thing on the former Duke Henry of Saxony, and on His Electoral Grace's counter-report. Grace's counter-report, Imperial Majesty sent to Regensburg. Majesty against Regensburg. Thus also His Electoral Grace has no doubt. Grace does not doubt that if many honest people from his friendship were questioned, they would report to each other and against him. In addition to the fact that all Imperial Deputies
The differences that have been made at imperial congresses in living memory testify to the contradiction, since no bishop of Naumburg nor his deputies are found in them.
But about this, His Electoral Grace will let the following true report be made. The following truthful report against it, because it is in accordance with the old Electorate of the Holy Roman Empire. Gn. The bishops of Naumburg, when they were required to attend imperial congresses or to pay imperial taxes and assessments, sent their own to the sovereigns and informed them of the mandates, requesting that, since they belonged to the lands with their monasteries, they should demand and take them from the sovereigns. Accordingly, it is also found in the imperial treaties of the Diet of Augsburg, held anno decimo, when Emperor Maximilian sought help from the Empire against the Venetians, that Duke Frederick, Elector of Saxony etc., the bishops of Meissen, Naumburg and Merseburg, as well as the abbot of Saalfeld, together with several counts, on account of the House of Saxony, and did not want to agree that the reported bishops, abbot and counts should be summoned by the House of Saxony 1) in attacks without means on the empire.
33 On which Duke Frederick, also the Elector of Brandenburg, Margrave Joachim, and other more Electors and Princes' Removals, the Emperor Maximilian has set an article in the treaty, with the approval of the Electors, Princes, and Estates of the Empire, which we hereby humbly and officially request to be read. And that such removal and evisceration by the Electors and Princes of Saxony, before and after the time in question, will occur more frequently; and especially at Worms, where the present Imperial Majesty has been called upon to provide assistance. And especially at Worms, where the current Imperial Majesty was granted help for the march to Rome; also at the next and last Imperial Diet held by Her Majesty at Augsburg, when the persistent help of the Turks was discussed there, in addition to the House of Austria and the Elector of Brandenburg, for the sake of their bishops and prelates: this is known, and can also be sufficiently demonstrated in case of necessity.
34 Thus the often-mentioned Bishop Philip of Freisingen and Naumburg, born Count Palatine, has without a doubt had as much innate, honorable and sincere princely mind as Pflug, as a nobleman of the House of Saxony, can always boast. Plough, as a nobleman of the House of Saxony, can always boast of; it would also be your Princely Highness, without doubt, for the sake of his duty. G. would undoubtedly, for the sake of his duty, hold the reported kingdom as little to the disobedience of the Naumburg monastery.
1) That is, away from the house to Saxony.
The first two are more likely to have broken off something than Pflug is now pretending to.
35 However, His Holiness has not presumed to do so. F. G. did not allow such things to be heard at any Imperial Diet, contrary to the House of Saxony, much less presumed to put them into effect. For since His Grace, as a bishop of Freisingen, has ever sent his own to imperial congresses, they have, according to their orders, more than one thing that is provable, publicly indicated that they were dispatched by their master, as a bishop of Freisingen, but not as administrators of Naumburg.
36 Thus also His Holiness the Elector's father, the Holy Roman Emperor, compared the Turkish help with their territories at a Diet in Zwickau, about 12 years ago, and imposed it on the collegiate estates by letter and request of His Holiness the Elector, the Elector's father. Also, when after that, at the previous Imperial Diet at Regensburg, the Turk set out for Austria with a mighty army, H.F.G., at the friendly request of the Elector, assigned the help of the Chapter to H.F.G., and sent the remuneration to the Elector, and paid the same with H.C.F.G.'s help, and not to the Empire without means.
37 And against this it does not matter that Plough indicates that the bishops of Naumburg should have been required by Roman emperors and kings to attend imperial congresses; for that they neither appeared nor sent them, the imperial treaties, as reported above, sufficiently prove, and the requirement does not matter either, where the paritio does not take place, and have been taken from them by the sovereigns.
38 And because Bishop Philip of Imperial Majesty and of the Empire has remained in this position. Majesty and for the sake of the empire, on the Elector of Saxony's, as the prince of land and hereditary protection, most submissive request: Pflug should also have had the intention to leave the Elector and the House of Saxony unperturbed with his too much lenient petition, as a compatriot and subject of the said house, and to spare them humbly; However, he could not refrain from doing so, but secretly, without the knowledge of the Elector, he took upon himself to demand from the Naumburg monastery, before the Elector's taking of the same monastery into custody, the first deadlines of the most recent urgent Turkish aid granted at Regensburg, with notice to deliver the same at Frankfurt for the sake of the monastery; which Plough, it should be noted, did because he thought that he had done so by such cunning, secret actions,
The court shall be entitled to withdraw from the monastery, contrary to custom, and from the House of Saxony, in such and similar actions.
39 From which heard stories E. chur- and F. G., also graces and favors, also everyone can easily conclude according to the fairness and respectability with them, how plow to the Elector of Saxony, as the sovereign also patron and patron, for a bishop in Sr. churfürstl. Gn. lands and principalities in any way, who only works diligently against His Electorate and the House of Saxony. Gn. and the House of Saxony, and to deprive it of its own. He could not be suffered by H.C.F.G. if he were already in the posse, much less is it expedient for H.C.F.G. to let him come into it; and for this purpose, it is necessary to do that from which the realm derives little or nothing. For if it should happen that a bishop of Naumburg should be drawn from the House of Saxony to the realm without means in charges and taxes, then the Elector, as others do more, would have to seek wrestling of their attachments and charges unavoidably.
40 In addition, Pflug would like to take over the court of the incompetent monastery of Naumburg, which, even if he were a bishop, he would not be able to carry out. Now, however, in the Pope's own rights, such a thing is considered reasonable, fair and honorable, that the sovereign may object to the election of a chosen bishop for such reasons, even minor ones, and oppose it. Should now His Elector's. If His Grace could have allowed Pflugen to come to the Provost of the monastery about this, then S. C. F. G. would have had to drop their rightfully founded argument and opposition against Pflugen's person, which S. C. F. G. does not owe. F. G. does not owe. But to carry out the same opposition or exception before the Pope's compulsory court, to which he has referred such and such merchandise, the Elector sine praejudicio S. C. F. G. and their fellow Confession members could not do so, nor was he obliged to do so for the sake of many precedents, nor yet, moreover, for the sake of all the lack of a common, free and impartial concilium to be held in the German nation, which concilium the Elector of Saxony has hitherto enjoyed with the Pope, on which the Elector of Saxony has relied, in order to accuse him of all the things for which Pflug believes him to be guilty, as His Electoral Grace, the monastery in custodiam. The Pope is not to be held responsible for the consequences of his actions.
41 And although Plough remembers out of courage and without causes that E. chur- and princely. Graces, also graces and favors wanted to be-
If you think what it would do to the Empire of the German Nation if you were to see such an outrage (as it is impudently and unobtrusively inflicted on our most gracious Lord, the Prince Elector), then without a doubt, E. C. and F. G. will also have the grace and favor to judge again to what burdensome disadvantage it would be for Sr, will, without a doubt, judge again with their graces and favors to what burdensome disadvantage Sr. C.F.G., as well as other princely houses that have episcopal monasteries among them, would be led, where such dangerous outrages and deceitful actions and stalking of the courtiers are to be looked after. Thus also His Electorate. In this case, for the preservation of their justice, out of unavoidable necessity, and Sr. churf. Therefore, anyone who does not encounter such a situation will know how to keep to it, so that no unfair imposition arises.
Thus Pflug has also drawn the Elector to supposed displeasure: whether His Electoral Grace has offered to grant him an honorary dignity, which he has applied for in Naumburg with writings. Gn. offered to the Electors and Princes of the Legion, which he applied for at Naumburg with writings, with a submissive request to expel the Elector of Saxony from his dominions, a negative answer would still have been received from Sr. churfürstl. Gn. had given a negative answer. Now it is not without reason that Pflug has written to the above-mentioned Electors and Princes of the Legion of Naumburg; their Electors and Princes have also written to this Elector of Saxony. Their Electors and Princes have also sent Pflug's letter to the said Elector: however, it has not been sought from His Electoral Grace. However, it has not been sought from His Electoral Grace that His Electoral Grace should receive this most important matter. The most important things, of which their Electoral and Princely Grace is the subject, have not been sought from His Electoral Grace. He lets himself be heard in a much-touched writing that it would be difficult for him to accept a judge [according to] the favor of our gracious lord.
43 Because E. C. F. and F. G., also graces and favors, find from this all by reason of and by order of the Elector of Saxony, true and constant counter-report, that the chapter at Naumburg has urged Your Lordship, the Elector of Saxony. for the protection and protection of their and the House of Saxony's competent righteousnesses and glories, also urged for their protection and guarantee; furthermore, that even in these dangerous times, lest erroneous teachers and enthusiasts might infiltrate the people in the monastery, since there is no Christian bishop, it was necessary, out of unavoidable necessity, to proceed with the ordinance, in praise of the Almighty and for the benefit of the Christian people; as the Christian preachers of the monastery also had to do. Preachers of the convent the
The whole year, because the monastery lacked a proper bishop, the people admonished in the pulpit with all their faithful diligence to ask God to give them and the monastery a righteous bishop who might exercise his episcopal office in spiritual matters, as the Scriptures would have him do.
44 Thus also His Lordship will kindly and graciously ask for the support and favor of the monastery, They will not blame the S. C. F. G. and the monastery's estates for the actions taken, but will reject Pflug's unnecessary and unauthorized actions, nor will they allow themselves to be moved to some unfriendliness, advice, support or help against the S. C. F. G. and the many estates of the Naumburg monastery, according to Pflug's dishonorable request. For S. C. F. G. together with the aforementioned monastery estates of the nobility, and others, who have voluntarily and unreservedly accepted the decree of the above-mentioned venerable Er Niclausen von Amsdorf as Bishop of Naumburg, even without all the help of the Elector of Saxony (as Pflug has asked Sr. C. F. G. with knowing unreason) dangerous practices, except for a few, which may be related to Pflug with friendship, and therefore do not come to the place, with God, honors, also with good conscience and rights. The people who have helped Plough to do this, without any violation of their duty or conscience, are unashamed, if Plough ever does not think to be calm about this, therefore to be fair and Christian right to him in the above-mentioned free Christian concilio, where also the things belong to be carried out on both sides because of the discord against the pope.
45 Because Julius Plough also touches the duty of the pious people, the nobility and the cities, so much report shall be given by divine bestowal against this and other of his sought-after pleas, that he and only men shall find that they have acted and kept themselves as God-fearing Christian gentlefolk, so God and the highest things set before them, as befits any Christian.
46 As far as the relationship and duty of the chapter and a bishop of Naumburg towards the empire is concerned, since it has been sufficiently heard from the above report that the Elector of Saxony is not in the mind to deprive the empire of any of its due and traditional rights, His Electoral Grace wants to be in agreement with His Electoral and Princely Grace. Gn. in agreement with Your Electoral and Princely Grace. They will also take the same matter into consideration in the ways and status of the kingdom.
88 Erl. (2.) 26, 93-95. section 2. election of the bishop of Naumburg. No. 1256 f. W. XVII, 122-124. 89
to help to let remain, so that His Electoral Grace and the House of Saxony. The Electors and the House of Saxony, in turn, will also be left with their rights, which they have brought to the Naumburg monastery and its bishop from time immemorial, and of which the said House of Saxony has also hitherto remained in unresolved grants and possessions, and will show themselves in such a way, as without doubt everyone, if such a matter concerned him, would have liked to have done by the Elector of Saxony, and as equity also requires. The S. churf. Gn. are kindly inclined to do this for the E. churf. and the F. G., and for the others for the E. G. and the F. G., with favor, grace and all good. Date etc.
Your Lordship, your Grace and your favor, subservient and entirely willing to the Elector of Saxony and Burgrave of Magdeburg, the Councilors of Speier.
1257. Luther's writing: Exemplary to consecrate a right Christian bishop. At the beginning of March 1542.
On January 20, 1542, Amsdorf was appointed bishop of Naumburg by order of the Elector, against Luther's advice to wait. At the request of the Elector, Luther wrote the present document to justify this action, which, as Luther wrote to Amsdorf, was in print on March 5 (not February 12, as dated by De Wette, Vol. V, p. 433). The first print appeared under the title: "Exempel, Einen Rechten Christlichen Bischofs zu Weihen. Done at Neumburg, Anno 1542. 20. lanuarij. D. Mart. Luther. Wittemberg." At the end: "Gedruckt zu Wittemberg, durch Nickel Schirlentz, M. D. XIDI." 9 sheets in 4. In the "Gesammtausgabe":: in the Wittenberg (1554), vol. VII, p. 566; in the Jena (1562), vol.VIII, p. 1; in the Altenburger, vol. VIII, p. I; in the Leipziger, vol. XXI, p. 412; in the first edition of the Erlanger, vol. 26, p.76 and in the second, vol. 26, p. 93.
Martinus Luther Doctor.
We poor heretics have once again committed a great sin against the infernal, unchristian church of the most infernal Father, the Pope, that we have ordained and consecrated a bishop in the monastery of Naumburg without all Chresem, also without butter, lard, bacon, tar, sea, incense, coals, and what is more of this great holiness; in addition, against their will, but not against the will of the bishop.
1) In the original edition throughout: "Neumburg".
without their knowledge. For whatever great, terrible sin we would like to humbly ask for indulgence and forgiveness, we lack the two greatest pieces of repentance: First, that such a great sin does not want to repent nor can we be sorry, since no sin can be forgiven without newness and sorrow, even if the papal indulgence with all its groundless indulgence stuff and treasure would like to be sold or given away for free. On the other hand, we are also so weak in faith (although they may call us hardened) that we cannot believe that such a terrible sin would be forgiven by them. But whoever does not believe in the forgiveness of sins, they cannot be forgiven, so they must remain condemned in this sin of ours, strained and finally in despair, without all the grace and mercy of the infernal Father. Amen, God help us, amen.
(2) Although we have had to do severe penance enough for such and such a sin, which we happily recognize, publicly confess and confess, now for longer than twenty years, since they have shed our blood, with murder, execution, drowning, beheading, burning, robbing, chasing away, and all kinds of torture, finally also by Mainz and Heinz murderers, they have well plagued us (as such great papal saints should pursue God). For this (praise God!) not we, but they, the chaste, tender saints, shall and must give account on that day. For them, on the other hand, a fire has been prepared, which will not be extinguished in the same way as their fire must be extinguished in the end. We have (praise God!) the advantage; except that I ask that the murderers Pabst, Mainz, Heinz, together with their sheds, do not believe this. For why would they think that there is a God before whom they must fear and tremble here, and howl and burn forever there? Let them go and drive, they are on the right track. Not that I mock them here; God protect me for that, but the Holy Spirit would do it through my pen, as Solomon says, Proverbs 3:34: "He will mock the mockers and give grace to the wretched. Otherwise I should not do it, and have never done it, no matter what has been done with words. For I know that they write letters
and Sieget for it have Drecket, Drecketal, bulls and books full, which forbid it highly and seriously.
3 Let us speak of the matter for the sake of others who desire to know our mind and opinion. For the story itself is in the day and obvious, and perhaps others will describe it well. The question will certainly arise: whether we had the right and justification to elect another bishop against the free choice of the chapter (as it is called), and thus to deprive them of their free choice and to lift them out of the guarantee? And: whether the members and estates of the chapter, without violation of their oath and duty done to the chapter in the case of the deceased bishop (as they say), may owe and swear to another? Finally, whether it is right to accept ordination or consecration from such damned heretics?
4 I will leave the jurists of spiritual law their disputation, as I know nothing about it, nor do I desire to know; I will speak about it as a theologian or (if they want it that way) as a heretic and apostate pope. I will speak of it as a theologian, or (if they want it that way) as a heretic and apostate pope. To the first question is briefly and easily answered by the first three commandments, "Thou shalt have no other gods." "Thou shalt not take the name of thy God in vain." "Thou shalt keep holy the feast day." Which our Lord Christ interprets in other words, Matth. 7, 15: "Beware of false prophets, who come to you in sheep's clothing, but inwardly they are ravening wolves" etc. For here is spoken not of sins forbidden in the other tablet of Moses, but of the false god, of false worship, of false usage of the divine name, of false sanctification of his word: And here are not dark words, nor words in need of interpretation, but plain and bright, God Himself speaks a judgment freely, that no other God is to be had, no other God is to be called, no other God is to be heard; that He alone will be (as He is); that He alone will have His name (as He should have it); that He alone will preach and be heard (as is also right and desirable for us poor people). This is what Christ our Lord means, to beware of false prophets, that is, those who preach a false god, a false custom, a false religion, a false religion, and a false religion.
God's name, preach false worship and word. In addition, he praises it so highly, and is so dreadful where we honor, praise and listen to other gods, that he will not let it be forgotten or smelled until the third and fourth generation.
If this is true, as we (if we are to be Christians) cannot doubt; the pope and the devil may doubt that they are to be unhindered by me: then with such a thunderclap of divine judgment not only the bishop and chapter of Naumburg, but also the pope, the cardinal, and all that is in their regiment, are not only appalled, but completely condemned to hell eternally, with all who obey them. And [we], 1) who are in the lower estate, likewise forbidden by the same eternal hellish fire, not to hear them, nor to suffer them, but to shun and flee, as our Lord saith, "Beware," and God by Moses, "Thou shalt have no other God." Wherever God commands that a prophet, preacher, bishop, or anyone who leads the word and spiritual government should not teach (if he wants to honor and teach other gods), he is certainly put out of business and deprived of his bishopric, not by the pope or emperor, nor even by angels, but by the high, eternal, divine Majesty Himself, since He judges and thunders thus: "Thou shalt not have other gods, nor take my name in vain.
6 Thus also, where God commands that Christians shall not hear such false prophets, preachers, bishops, then bishop and bishopric are divorced, the bishop is deposed, the bishopric is torn from him, and not only permitted (that would be a bad thing), but forced by God's command to separate from him, and to consider him not a bishop, but a wolf, even a devil. All this is not my word or opinion (I must be called a heretic), but God's own word and serious commandment, confirmed with wrath and anger, since he says: "You shall have no other gods", and Matth. 7,15: "You shall not hear the wolves, but beware of them."
7. if a bishop of Naumburg wants to
1) "us" inserted by Walch.
who shall not have a people nor a church there (because he is a wolf, and the church is obliged to flee from him before God), he may well write himself a bishop on paper, but that he be eternally condemned before God and the church. Again, those who want to be the church of such a bishop and hear him, may do so (without my hindrance), but so far that they know they are celebrating a Christian church, just like the Jews and Turks, damned to the hellish fire together with their bishop. For there is the sentence: "You shall have no other gods", or: "I will be a zealous God" etc. He who does not fear this God, let him do as he pleases, but how long he will do it must be found out before he means it.
(8) For this purpose, more sayings of the Scriptures could be used, but it would be fair enough to know one saying of the high God's majesty, in which he reveals his will, what he would have commanded and forbidden. But so that the papists do not think that we boast with one or two sayings to smear the people's mouths, we want to introduce some more, which they should resist just as little as the previous ones. Thus saith the Lord, John 10:27, 5: "My sheep hear my voice; but they will not follow a stranger, but flee from him, because they know not the voice of strangers." Item [v. 14.], "I know mine own, and am known unto mine own." They flee (saith he) from strangers, and know not the voice of strangers; which is so much spoken in German: The sheep or churches should flee and avoid the strangers; do also de facto right, because the Lord himself calls them in the same place the strangers, thieves and murderers, who come no other way than to steal, strangle and kill; but the sheep have not obeyed them. If they now flee, avoid, and do not listen, they certainly have the power and right to depose their wolf-bishop, precisely because they have the power and right not to be obedient to him, rather (as said above) forced by God's commandment to resist him, to be silent rather than obedient. But where obedience is gone, the bishop is nothing, because without obedience there can be no people, no church, no assembly.
(9) So he also said to his bishops or priests through Hosea Cap. 4, 6. he said to his bishops or priests: Tu repulisti scientiam, repellam et ego te, ne sacerdos' meus sis: If you do not want to preach about me and reject my word, then I will not be your God, and you shall not be my priest or bishop. That is, piece by piece: whoever wants to be bishop of other gods, he shall not have the right God as his God either. Whoever does not want to preach the right God, may preach the devil, that is, be the devil's bishop. That means, in my opinion, that the bishop and the diocese are violently separated, that the bishop is deposed and forbidden to obey him, because he rejects and persecutes the Word of God (to which he alone is called). And who can blame the pious dear God that he rejects such false bishops or preachers in his church, and forbids to hear them? does the devil through Pabst, Mainz, Heinz and their like, and disposes of, rejects, chases away (yes, strangles, drowns, henchmen, murders, murder-burns etc.) all those who do not want to preach or teach his hellish stinking hole of filth and lies, and the right God should let the devil trumpet on his mouth, so that he would have to suffer in his church, and not be horrified by what the devil orders or throws in? then he would be a poor God.
10 But what may it be of many words? Look at all the prophets, how they terrify, forbid, refuse to listen to false prophets, and also pull the people away from the ordinary priests, regardless of the fact that they were God's priests; but because they taught falsely, not to listen at all, nor were priests. For one must (say the apostles) obey God more than men. And not only did they themselves fall away from the priests, but taught against them; drew the people from them, and made a church obedient to God; suffered also what they should suffer; inquired nothing of the ordinance of the priesthood and bishopric, or papacy, established at Jerusalem by the law of Moses, and confirmed by David, Solomon, and all the kings and prophets so many years before; yea, they had no need to inquire of it, because there was strife about this principal thing, whether to deny the word of God, or to hear it, that is, to hear another.
God or not. There, it is the first commandment that one should and must obey God alone. If Caiphas, Annas, Pilate, Herod, Emperor, Pope and the whole world do not want it, there is nothing to be done; let them go, you flee, and obey God; he is judge here by his word, deposes the mighty from the throne, scatters the hopeful, as the Mother of God, Mary, sings in her holy Magnificat. Whoever does not want to hear God is already 1) gone, cast out of His kingdom; condemned is he who follows Him and does not want to flee or leave Him.
(11) And what does the infernal Father himself do in his infernal church? Doesn't he expel all bishops, abbots, priests, and whatsoever has a little office in his church, where he finds them heretics or apostate teachers of his God Mausim? He praises and blesses them with indulgences and graces, so that they turn away from such heretics and leave him; he also gives them the right to persecute him, burn him and curse him to the abyss of hell, as he is condemned by the church. 2) The bishops of the Holy Trinity, who have been condemned by the church, have been condemned by the church. As he did to the holy and right bishop of Prague, John Hus, and many of ours. He does even more than that, intervenes in the secular and domestic government (which, however, belongs neither to bishops nor to churches), deposes emperors, kings, princes; separates husband and wife, tears up marriage, insists on obedience, duty and oath, although no heresy is found there, but only disobedience, against his devil-may-care evil valley and malicious bulls: that is how pure and firm he wants his church to be. For even if God and His apostles and prophets, even the true church, reject, depose and flee the heretics or false bishops and churches, they do not interfere with the worldly and domestic government; let kings remain kings, marriage marriage, estates estates, body, life, goods and honor etc., as we have done until now (praise God!), however much we have separated and fled from the pope, however much we have torn the people away from the pope, by God's word, which he does not want to hear nor suffer.
1) In the original: "beautiful".
2) Erlanger: -ihnen; also the Wittenbergers and the Jenaers.
(12) This (I say) is what the pope does in his church, deposes bishops and chapters, which he considers heretical, and wants to have done very well with it. And the true, right, eternal God should suffer in his church those who knowingly and publicly blaspheme his divine majesty and name, deceive his people, destroy his kingdom, put the devil in his place and worship him, not only suffer such things (as he often does), but let them be right and good, accept and reward them, not do anything against them forever, nor cast out the devil at last, or sweep his church and remove right bishops and teachers? Then he would truly have to cancel the first three commandments in particular beforehand, and to express and completely deny his right deity. Yes, wait until he does that. He has not spared the angels nor the first world, says St. Peter [2 Ep. 1:4, 5]. He has not spared his city Jerusalem and its natural branches and members from the blossom of Abraham forever, and should he spare the devil and his members forever 3) and reward them?
(13) Although the chapter of Naumburg, even during the life of Bishop Philip of Bavaria and Count Palatine etc., had been admonished, or rather had been submissively eager against their wolfish regiment, that they wanted to grant the teaching of God's word, because they themselves, as they were obliged to do, did not want to do it, nor did they want to order it. But how they opposed it, multiplied, persecuted, and (to tell the truth) exerted all kinds of willfulness, they well know where they would have a conscience; until those of Naumburg and Zeitz, along with other cities of the chapter, are forced to call upon their hereditary protector and sovereign, and thus through his help and protection receive the holy gospel against the will of the chapter. However, the papist chapter and their blasphemous, idolatrous followers Curtisans and some great high and wide hats' anger is not only unhindered, but longer and longer embittered and enraged (of which I have no right to know, because I am not a prophet Elisaeus 4)).
3) "schönen" in the original edition and the Wittenberg; Jenaer: schonen.
4) Elisha knew what the king of Syria was counseling in his chamber against God's people. 2 Kings 6:12.
For all my life I have never been in their secret council, without knowing approximately what they think and counsel; it would have happened at Naumburg in the chapter that the seed of the woman and the seed of the serpent would have secretly agreed, without God the Father Almighty's knowledge and will, and I would therefore have to be deceived. Otherwise, I am in good hope that they will not, and that the seed of the woman and the seed of the serpent will remain at odds and at enmity for eternity, and that one will understand the other's secret plans and thoughts, with the advantage that the seed of the woman will retain the power beforehand, so that its secret counsel and thoughts will not be known to the serpent and her seed before it has been arranged and carried out, and they will have lost.
(14) Again, the serpent, with his seed and his scales, could no longer hide or adorn his high and wise thoughts until they began to work. Then it will come to pass, as the Psalter says, that they shall not bring it to the half [Ps. 55:24]. For I still remember a word that a Curtisan spoke, 1) namely: Oh, what do you say! the pope is mightier in his smallest finger than all the princes of the whole German land. I almost believe that the Naumburg chapter and others have relied on such power, and still do. But this is how the high people should speak when they are at the end and have to fall, according to the song of the Mother of God [Luc. 1, 52.]: "He pushes the mighty ones from the chair." For whoever is hopeful, be he emperor, king, prince, lord, nobleman, citizen, peasant, his thing will certainly have its end. For God cannot and will not suffer arrogance, says Sanctus Petrus: Deus superbis resistit [1 Petr. 5, 5.), has also power and authority enough to overthrow them, as he has done so many great kingdoms. But those who do not listen may learn, as they have all learned.
(15) For the Roman Empire must fall when it was at its highest and most hopeful, and they certainly thought it should fall.
1) Cardinal Cajetan at Augsburg. See St. Louis edition, vol. XXII, 862. Tischreden, cap. 27, § 31.
Imperium sine fine dedi; which, according to the holy scriptures (Dan. 7, 7. 23.), has been the iron and most powerful empire above all others, the like of which the world has not had. And it is true that Romans have been men, while other warriors have been bad warriors, and the Turks have been real women, regardless of their great court. The Romans did not fight so with advantage and treachery or intrigue, but rather gave the enemy their noses and foreheads freshly and cheerfully, and went up and dared, as befits such a people of iron (so called by God), even when they were lost or despondent. This was not heard by the Turks, the Greeks or Hannibal, nor by any warriors; yet they fell.
16 For this reason, our bishops and canons would do well to moderate their insistence. For God still lives, who has broken the iron Romans. Of course, He will also be able to break a fleshly, even a paper pope, bishop and canon, if it is not done otherwise; especially in the council of the Irim, as Daniel calls them [Cap. 4, 10.], that is, in the council of the angels who rule the world and guard the church. For the Turk shall no longer do it, because he has become so proud of the wretched Christians; the Irim shall give him what he deserves; not to write of this now.
17 Thus, as a special, superfluous admonition to the chapter of Naumburg, since they had chosen a new bishop to preserve their free election and to strengthen it more than before, the sovereign and patron of faithful and Christian opinion indicated that the chosen person, as related to and sworn to the papists and enemies, was not to be suffered nor tolerated. Therefore, they, the Chapter, graciously request that they choose another Christian man who is not related to the pope nor bound by him, or who has at least escaped from his duty by the word of God (which also redeems from hell and death, let alone from false idolatrous oaths). Which they despised, and stood on their committed choice, and undertook to maintain the same in defiance and against the sovereign and patron, and thus obdurate, both the church at Naumburg along with
the estates and the sovereigns and patrons, not to hear nor to look at, but to put the wolf, that is, the pope, Mainz, and their companions, by elected bishop, who is sworn to the pope and bound to Mainz, into the sheepfold of Christ at Naumburg, and to help defend therein, to strangle the souls, to drive out God's word, and to cause the sovereign, especially at this evil time, one displeasure after another in the bishopric. Which he then, as a patron of the bishopric and chapter, should protect everything and handle it; that is, he should help persecute the gospel, worship the devil, let the pope, Mainz and Curtisans under his protection mow, assassinate and do everything they wanted, both against the church at Naumburg and patrons of the bishopric, who have both accepted the gospel, publicly confessed before God and the world against the pope and his followers.
18 Yes, indeed, one would have to let a papist chapter and public enemy of the convent and its patron, that is, the church and the gospel, be good and help defend it. This means, after all, a gross, great, impudent unchastity, that I should deny and persecute the gospel for the sake of the devil's children and evil people, which I would have accepted and confessed for the sake of God and for the salvation of my soul; so that such a game would be played with me under the little hat, that if I had publicly confessed the gospel with words, it would come out afterwards how I had secretly and in deed denied it and had agreed to help persecute it. Such a game they have now played with us for longer than twenty years; but God has been at home with us, that they must have missed.
I had to laugh at the great art, when I was told how, after the chapter of Naumburg had almost treacherously nominated a new bishop, they announced it to the sovereign, but did not yet name the person, and nevertheless asked for protection and protection of their choice and bishop. For since they knew that they had mentioned such a person, who was not to be suffered by the monastery or the church, and also by the patron and sovereign, yes, they had also mentioned the very person who was contrary to their wishes.
and should not suffer: why do they ask for protection? Namely, because they are not serious, but have mocked the church and the sovereigns with it, when they knew that the pope (as said above) is mightier in his smallest finger than all German princes: he will protect them; without that they want to present the larva pro forma and in the old way, as if they asked for protection, which they do not respect much before the small finger of the pope.
20 But if they were serious about asking for protection, why do they assassinate? Why do they not choose one who would suffer and not be repugnant to the patron and the church at Naumburg, who would be capable of protection, as they are so faithfully admonished? Or do they think that their secret papal cleverness is so deep and high that no one can fathom or understand it? No, there is one up in heaven, yes, even here in our hearts, who makes fools of the wise and seizes the prudent in their prudence, as the Scripture says, since these same hearts not only know the devil's mind and thoughts, but also judge and condemn him, as Christ says: "The prince of this world is condemned.
From this, I think, it should be clear enough that the first question is justified, namely, whether it is right that the church at Naumburg has deprived the chapter of its free election and has chosen another bishop. For after the same church had long ago turned from the bishop's and chapter's obedience, and accepted the gospel against the bishop's and chapter's commandment, prohibition and tyranny, that is, had worked itself out of the wolves' and the devil's obedience, by God's grace and by the congregation's patron and sovereign, on the same day, both bishop and chapter have renounced their wolfish regiment (which they were and still are obliged to do in case of loss of eternal bliss), have renounced them, fled from them and avoided them, as true pious Christians should do, according to the teaching of Christ Matth. 7:15: "Beware of false prophets"; and John 10:5: "My sheep hear not the voice of strangers, but flee from them.
22) About that, since after admonition of the
100 Erl. (2.) 28, 107-109. sec. 2. election of the bishop of Naumburg. No. 1257, W. XVII, 137-139. 101.
When the chapter requested the sovereigns to elect another Christian bishop (for no one had the will to prevent or deprive them of their free choice at that time, but it was necessary to find another suitable person for the episcopal office), and they stubbornly refused, no one but they themselves deprived them of their choice, and they may not complain about it to anyone but themselves. And where they complain that they have abjured someone other than themselves, they lie about it as unbelievers or disbelieving Christians. 1) "Beware of false prophets, and flee," that is, whoever wants to be and remain a false prophet, not to hear nor to desist, shall not be heard at the loss of salvation, but shall be abandoned, shunned and condemned, not to mention despised or deposed. So it is with them, as with all false teachers, according to the first Psalm, v. 4. 5.: "As the wind weaveth the chaff, so the wicked abide not in judgment, nor sinners in the congregation of the righteous."
23. And if the Church of Naumburg had not yet done so, they still owe it today, and would still have to do so, although the Chapter had elected ten and ten bishops who could not or would not be Christian bishops; and the Church of Naumburg would thus have to say: Dear lords of the chapter, choose as you will, and choose again, choose a thousand times, so we will not turn to your choice nor bishop anywhere; he shall not be our bishop, neither can nor will we see or hear him, nor will we consider yourselves a chapter until you become a Christian chapter and give us a Christian bishop; For we cannot complain with your wolfish rule, nor for your sake abandon the accepted gospel, deny God, blaspheme His Son, and so for the sake of foreign sin go to the devil with you. Even if an angel came from heaven and told us this, even if there were ten heavenly angels sitting on each chapter head, they would still be anathema.
1) The opinion is: God's judgment, which no one can pass.
and will not and cannot do it, because to do against God and His revealed word and His known truth does not belong to any creature of God, except the damned devil, together with his angels and members.
24) And whether they of the Chapter or of their part want to pretend that they are not wolves, but ordinary spiritual prelates of the Church, of ancient origin, teach or do nothing wolfish in their regiment etc., although it is now obvious that they themselves know otherwise, and speak against their conscience in this: but I will now spare to answer this, until I see what they say to it; so shall (whether God wills) their high art rub against the old cauldron, and saw the right Ram 2). I think that there should be enough and more than enough, now longer than twenty years convinced and referred, that these cannot be Christians (silent Christian bishops), who forbid the Christian faith, condemn and persecute, murder, burn, teach us to build on our own work, and so far do not mend and do not yet atone. Those who knowingly and wantonly forbid both forms of the sacrament. Those who defend the high abomination of the Mass. Those who forbid marriage and food etc.
25 When did the chapter of Naumburg ever improve and atone more in these and other matters, and not rather unrepentantly, stubbornly, knowingly, against the Holy Spirit? They also persecuted and plagued the church at Naumburg in many ways, and would have preferred to do much worse, if they had been able to do so before the protection of the sovereign; and now, as a sign and to strengthen their wolf, they have chosen a bishop, who is to confirm and handle their wolfery against the church.
26 And that I also say something for my person: It surprised me very much, since I was in Naumburg, from the man, He Julius Pflug, who has reason, art and many more gifts of God enough, probably to the papacy.
2) See the word "Ram" (soot) in the St. Louis edition, vol. XX, 2399. To the passages given there, add: St. Louis Edition, Vol. Ill, 1018, § 24.
himself capable of writing such a clumsy letter 1) to the people of Naumburg and the monastery, in which he admits great grudges, that he has accepted the election, even though it is difficult, and wants to show all grace; that he, however, in order to draw the people to himself, would have let them know that he wanted them to remain with the Gospel, Sacrament, faith, and what they had taught and ordered Christianly until now, and even if he did not dare to protect it against the pope, he would still leave it unchallenged and unhindered for his person. He would not have touched this with a single letter, since he knew well that the highest and most important thing in this matter was for the foundation or the church, but that grace and rule would find themselves; especially because he knows that he is not only suspicious, but also obviously recognized as being the pope's part, holding and defending the same, which is not to be suffered by the foundation and the sovereigns, and yet it would be a futile undertaking in the end to become bishop with such an impenitent opinion.
Because both the chapter and He Julius approached things so clumsily and inconsistently in all ways, they may blame themselves where it wins the cancerous course; without confessing against themselves and condemning themselves with the deed, what they seek in the diocese; without doubt not what serves the salvation of souls, but their benefit, honor and splendor, with the ruin of souls, which Christ purchased with his precious blood.
(28) Perhaps they will also show off before the simple-minded rabble and the otherwise unintelligent, as they are not yet recognized by the church as wolves and false teachers, but are taken for true Christians. Yes, indeed, this is wise and well said! If the sheep were not to flee from the wolves until the wolves, by their Christian concilium and public judgment, called the sheep to flee, the sheepfold would soon be empty, and the shepherd would not find milk, cheese, butter, wool, meat, or a claw in one day. What then did Christ our Lord do, when he called us and commanded us to go before the wolves?
1) No. 1254, 6.
How can we guard ourselves without waiting for the wolves to come to the rescue? Not only the whole flock of sheep, but also every sheep for itself alone, has the right and power to flee from the wolves wherever it can, as it does, John 10:5: "My sheep flee from strangers.
29 How, then, have they no lawyers on their side, or have they all become mad and foolish? For our part, lawyers and all reason say that no one should be his own judge; as our book, the holy Scriptures, says much more. Now it is evident that we have become part against the papacy, and they in turn have become part against us. Who now will or shall be judge here? No one is above the pope and the papacy without God alone, as he himself recognizes (quite unwillingly). Now, if God is judge here through his holy word, which they themselves must confess: why do they still want to be judge, if they are part, and confess that God's word condemns them and is against them? Or do they think we should be afraid of those who feel themselves overcome and condemned by God's word? We might laugh at such fools, or pray for such erring people; we cannot fear such devilish larvae, be it life, property or honor.
30 Yes, yes, they are in the guarantee and limitation, that is, possessorium, praescriptio. Now all rights say that one should not lift anyone out of the guarantee etc. Here it is getting too high and too sharp for me. Where can I get a good lawyer and procurator? Respondetur tamen simpliciter: God is God, who confesses to no creature neither guarantee nor limitation against himself or his word, for he is eternal. But eternity transcends all guarantee and limitation. Otherwise the serpent would have won against God, because from the beginning of the world he strengthened his seed against the seed of the woman, and always bit her heels until now, and until the end of the world.
If it were a matter of the cow, who should take it by the tail, that is, if it concerned temporal and worldly goods, there is a valid guarantee and what is similar; but in spiritual, eternal things, where we are now talking about, possessorium, praescriptio, jus, justitia, sanctitas, religio, even all the angels from heaven are nothing.
104 Erl. (p.) 26,112-114. sec. 2. election of the bishop of Naumburg. No. 1257, W. XVII, 142-144. 105
but only God all and everything, all hours, all times, in all places, in all persons. For he will and must be uncaptured, unpunished and unrepentant, or he will overpunish and overpay everything in hell, as he will do without it on the last day. Therefore, in this case, keep quiet and do not let your possession, jus acquisitum, or whatever you want to call it, be heard. God and this spiritual matter do not give a damn, so you may be guided by it, but nothing else will come of it. He has the power to cast out the devil every hour, you should not deny him that; to change the nature of the world as well, he will not ask you for advice. Who will tell him the goal, time, law, place and people, if he has to create, make and give all this?
That is enough for the first part. For he that hath not ears cannot hear, and he that is blind cannot see. He who has ears has heard enough. It is decided by God's judgment that a wolf shall not be a bishop in his Christian church. Even if emperors, kings, popes, and all devils would command or have it otherwise, they cannot prevent Christ's sheep from hearing their shepherd's voice, nor can they command them to obey the voice of wolves; and where they do so, they should and must be wolves and flee in their commandment, just as the wolves themselves. For this is the way God wants it, against whom all emperors, even all devils, are nothing, as Isaiah says [Cap. 40, 17].
33 We must also answer the other question: whether the church or the foundation of Naumburg is perjurious to reproach them for having chosen another bishop, against the choice of the chapter? And this is, of course, the right knot and main piece in this matter. For we well know, and that part also cannot deny, that they are not to fight for a right Christian bishop, who supplies the church with God's word and sacraments, but where they would have the oath and obedience, then the things would be all bad (God give, it would remain church and God, where they would remain, there they would ask nothing), they wanted to act well with Naumburg then and handle it to their liking. Of course, he must not have a snout that can smell such roast.
(34) But our unintelligent, unlearned, silly, sheepish answer (for we are truly bad silly sheep against such cunning and unfathomable wolfish cleverness) is that it is written, "Beware of prophets in sheep's clothing," Matth. 7:15. "And flee from the voice of the stranger" (doctrine), Joh. 10,5. We, as the poor foolish sheep, let this be judged for this time, as they neither know nor understand better, until they tell us better, that we neither know nor hope for eternity.
35 If then this judgment of God stands firm, as we foolish sheep believe, that we should not hear the wolves, but flee: then nature teaches us that we should neither swear nor owe to a wolf. For I cannot owe nor swear to him whom my God has given me to flee as his enemy; and if I had owed and sworn to a wolf who had presented himself to me under the sheep's skin as a true shepherd, and afterwards, when the sheep's shepherd was gone, I would have known the wolf, I would have had to run and cry, O thou foul, ravening wolf! My oath and my oath I have not done unto thee, but unto my right shepherd; that the devil should lead thee, how hast thou deceived me poor sheep, and thought to devour me!
If they do not understand this, then I will make it clearer when they return. For it is so very true that I think they themselves should not be able to object to it. For it is not the question or dispute at this time whether one should keep oath, oath or duty? We are not all here (praise God!) such coarse donkeys, geese or ducks, who do not know, or first have to learn from the papists, that one must and should keep oath and duty. We have taught and written it better from God's word than they can teach us from their fool's land and valley of filth; but this is the question: whether it is the person to whom one should oath, swear, owe? or, where the oath and oath are made (deceived, deceived way): whether one is obliged to keep it or not? Here they should open their mouths and shout against us; we would like to hear what their shouting is capable of. But there they are
dumb; meanwhile spitting and shouting in other people's ears, and are wonderfully clever: oath, oath, oath! perjury, perjury, perjury!
But be bold, stand up and prove it. If you do not prove it, your shouting shows the donkey, yes, the Pabst donkey, who can do nothing but sing his Ika, Ika, which we are now well accustomed to (praise God!) and despise, as we know well how a donkey sings, and can never learn to sing otherwise, nor do we want to. If they now seize their mouths and spout: Oath, oath, oath shall be kept, then we must again seize our mouths and shout: Bishop, bishop, let them give us a bishop. Where there is no bishop, there is no oath. Where there is no oath, or a void oath, there can be no perjury, as even a child can well understand; for relativa se mutuo ponunt et tollunt. If an oath is to be taken, two persons must be present: one who takes the oath; the other who receives the oath. If one of the two persons is missing, the oath is nothing; if the person who takes the oath is not present, the oath is in the wind, and sworn to no one; if the person who is to swear is not present, the other person sits there like a cipher, and may let a fly fly into his mouth, because there is no one to take the oath.
(38) I must speak so rudely and childishly, not as if I thought that the papists do not understand or know, but that I thereby show how the dear nobles (for they understand it very well) maliciously and wilfully do not want to understand it, and think that such their false cries and futile rebukes should have a reputation with the simple-minded people (as it is pleasant with our enemies), which they have long since despaired of with themselves. But they think: Help what can help, that Christ is not Lord over us; Nolumus hunc regnare super nos [Luc. 19,14.]. Therefore, as they stop their ears and will not hear our report, so let us stop our ears again, and not hear their cries, their barking, their barking, their complaining and their blaspheming, until he who is in charge of the matter sees it; for we know that it is not ours. So I have done now many years ago, given my report, and
Meanwhile, Doctor Sau, Witzel, Tölpel, Schmid, Rotzlöffel, Tellerlecker, Brunzscherben, Heinz, Mainz, and whoever else they are, let them bark, lash out, curse, and rage, on which I give nothing, and let the one do it who has done it up to now so that they have become nonsensical, mad, and foolish, but in the end they must cower behind their ears, if they could kill us all at once; For the day is near, which we hope for and which they must fear, however stubbornly they despise it. Such is our defiance against their defiance; let it be fresh and cheerful whoever wins in that day. We will be their judges on that day, unless there is no God in heaven and earth, as the Pope and his followers think.
(39) And why does the infernal Father, and all of them, so that they do not allow an oath (especially that which is against them) that is against God or law, or forced? as it is said: Forced oaths are the fault of God Himself. And their books, both of theologians and jurists, are full of such sayings: In malis promissis non expedit servare fidem; item: In malis promissis rescinde fidem, and the like much. Introduce then the sayings of the Fathers, Augustine Isidori and the like. Why do they herewith tear apart the forbidden, or erroneous, misunderstood oaths? Why do they desolate such oaths, forbidding that they should not be kept, but the sooner the better, and do straight against them? Or shall we Christians alone be the ones who must keep forbidden or erroneous oaths, made against God and right, after we learn that we have sworn to the wrong and against God? If I had sworn to the devil in God's name and likeness, and then found out that the devil had been, should I be obliged to keep it, or should I be called perjurious if I did not keep it? No, indeed, I did as a pious Christian who would swear such an oath and say, "Fie on you, devil, I have sworn not to you but to my dear God, you have deceived me under his name.
40 Oh, who could tell all the examples, even in bodily things, that happen daily in the world, being deceived by false letters, word, oaths, covenant, duty etc.? How many are in marital engagements alone?
108 Erl. (2.) 2", 116-ns. Section 2: Election of the Bishop of Naumburg. No. 1257, W. XVII, 147-iso. 109
Cases where you have to tear false oath, grind treasure and ruin everything? I must tell a ridiculous example, because we want to be so rough: It happened at Erfurt, when I was a young Baccalarius, a Count of Hennenberg came there, who held himself magnificently, so that the university also elected him a Rector 1) (as has always been the way to honor the lords), had himself held Rector, and did what a Rector should do; Not long after, it was rumored that he was not a count of Hennenberg, but a silk embroiderer; then he soon disappeared, because the news came that he was not a count, but a silk embroiderer. Now at that time in Erfurt there were theologians and lawyers, as Doctor Henning Gödde, and the most excellent people, who were famous in German lands, who all considered the Seidensticker to be a Count of Hennenberg and their Rector. Now I will let all jurists, indeed all the world, judge whether the university, especially we young students (who are nevertheless one corpus with the university), who have sworn to him as a rector, have been guilty of holding him 2) for a rector, and with our oath to run after him wherever he runs, into the whorehouse or boys' house, where he has certainly run, too; or whether we had to swear an oath to the Count of Hennenberg, because they themselves did not want to know about such a Count of Hennenberg? To whom then have we sworn? That is easy to judge, we have sworn to the right Rector that he is here now or will come later. If he is not there now, or if a false one is there, the oath is not binding until the right rector comes, and no one is perjured until he is overcome that he has not kept the oath to the right rector.41 It is the same with those at Naumburg now. They owe it to their bishop to take the oath, and also to keep it; if not, then they are to be fairly scolded for perjury. But where the bishop is not the right bishop, the oath does not stick, but waits and waits until the right bishop comes. This is what those at Naumburg did, and their oath,
1) This alleged Count Georg von Henneberg was elected Rector on May 2, 1508. Cf. Weißenborn, Acten der Erfurter Unjv., vol. 2 (Halle 1881), p. XVI, no. 230 (Erlanger Ausgabe W).
2) Erlanger: them.
They must have done what they did to the wrong chapter or the wrong bishop. But now that they have become aware that there is no true chapter or bishop, they cannot swear or keep the oath to the false chapter or bishop, but must wait for a true bishop and do so in his own time. These are clear, plain words, if you want to hear them.
Therefore, in this case, no change in the oath or obedience occurred in the Naumburg chapter; they are just the same sworn people as before, and the oath and obedience remain unbroken. That the person of the bishop has changed, however, is not the fault of the monastery, but of the chapter and its elected bishop, who have disowned themselves and have made themselves forfeited and unworthy of the bishopric, as they do not want to suffer God's word in his church; this completely and entirely does not burden the monastery anywhere.
43. It might not be necessary to use such sharp and high art (that I also make myself a little hopeful, and boast among the scholars) against the holy papal church, and to prove that those of Naumburg are not to be scolded for perjury this time, because they have long before broken such an oath, of the day and the hour when they accepted the gospel, and thus worked themselves out of obedience and oath (taken to the bishop or chapter); that of course in this they need nothing of my excuse or counsel. Why were they not accused of perjury at that time? Because after they accepted the gospel, even against the will and prohibition of the pope himself (the bishop and chapter will remain silent), and also remained with it for so many years, it is clear enough that they not only fell into the bishop's and chapter's ban and disfavor, but also into the ban, curse and disfavor of the most holy God and Father at Rome; not only perjured, apostate heretics, and what more beautiful names they give us, but also have become faithless and blasphemers with us, where it is otherwise true that the infernal Father at Rome is a God or head of the Church; as they teach us, but we do not yet (praise God!) believe. If we are now faithless, perjured, heretics against the God of Rome, then we have
Nothing about it, whether we are reproached perjured against his angels, that is, his bishops and curtisans; for we consider such God and his angels (as the right highest God also considers them) to be devils and devil's servants.
(44) And yet in this they do nothing against spiritual law, but according to the law of the pope, in which the infernal Father himself teaches (although it is not his but natural law) that one should not keep the oath made against God and law, but should break it. In malis promissis rescinde fidem; as told above.
45 Oh, what need is there of many words? Surely even an unreasonable animal knows, sees, and feels that the pope and his servants are neither bishops nor church governors; they themselves know and feel this better than one can write or speak it; nor are they so obdurate, and want to force their own conscience first, then ours, to act against the recognized truth, which they know well with us, how it is futile, and also highly damning. They know well (I say) with us that one cannot learn from any book what church or bishop is, without from the holy scripture. The Pabst's Drecket, the Turk's Alkoran, the Jews' Talmud will not teach us, nor can they; the Holy Scripture is the book, given by God to the Holy Spirit of His Church, in which she must learn what she (the Church) is, what she should do, what she should suffer, where she should stay. Where the book ends, the church ends, for he says. His church will not listen to the voice of strangers [John 10:5]; this has been said enough, and firmly enough decided and sealed against all the gates of hell [Matthew 16:18].
Now the same book is available (Praise God!) in Latin, Greek, Hebrew, and now also in German, in which one can read and understand what church and what bishop means and should be, regardless of the Pabst's filth and filth valley, namely: that a bishop should be holy, preach, baptize, bind and loose sin, comfort and help souls to eternal life, as St. Paul writes to Timothy and Titus. Paul writes to Timothy and Titum [1 Tim. 3, 2., 2 Tim. 4, 2. Tit. 1, 7. 9.). Now let all the papists unite and show us a single bishop, <who will write such a book of the Holy Spirit>.
If they read, study, and keep the same, preach, baptize, and take care of the church, that is, of the poor souls, we will gladly let them call us heretics, perjurers, and blasphemers. Do they think, then, the highly intelligent, that we are such lumps, sticks and stones, who do not understand anything of their high wisdom? Since they do not respect the book, nor do they keep it, but condemn us, I would like to know why they want to consider themselves bishops and church, or why they demand from us the oath, duty, obedience, done to a bishop, if they want to be neither bishop nor church, but want to remain both, bishops and church, even enemies and persecutors of God Himself, unrepentant and pharaonic.
However, we do not insist so hard that a bishop must perform such an episcopal office for his person; we will gladly take it upon ourselves, even before God, and at the last judgment help to bear and answer for it, so that they may follow St. Valerii's example. St. Valerius was a bishop of Hippon, and could preach badly because of the language, but publicly desired that someone be found to preach in his place; so they dragged out St. Augustine and forced him to be a preacher. Oh, how happy the bishop St. Valerius was to have such a preacher, who could defend himself against the heretics and improve the church with right doctrine. However, when St. Augustine found out that the bishops in Greece were arguing that a priest should preach in the place of a bishop (for at that time there were still thoughts that preaching was the highest office in the church), it grieved him; and he also wrote: if he had known, he would not have accepted such a preaching office during the life of his bishop. So now we do not desire anything more than that the bishops or chapters, if they cannot preach or provide pastoral care themselves, should appoint other capable persons to do so. Or, if they could not do so, they would suffer so much that the church, with their knowledge and will, would seek and accept capable persons, who would be protected by them and not persecuted. Dear, what should we concede further or
112 Erl. (2.) 26,121-IS3, para.2. election of the bishop of Naumburg. No. 1257, W. XVII, I5L-I55. 113
concede more? Is that not giving in enough?
48 Our opinion was not that we wanted to tear down the churches, but to set an example of how we could reform the churches and govern them in a Christian manner. It is desired (for this is how God Himself desires it) that the unchristian persons be changed, rather that the heart and outwardly evil nature of the persons be corrected, just as the gospel does not desire that husband and wife run away from each other, leave house and child and servants; Nor that kings, princes, lords, burghers, peasants, servants, maidens, should change their state or leave it, but rather that they should remain in it; but that they should believe differently and rightly, and abstain from false faith, error, idolatry, heresy etc., and in the right faith, and in the truth, to use their state and profession, in which they are, or are found in it by the Gospel, in a Christian and blessed way, so that a bishop may exercise his episcopal office, the canons their canonical office, for which they are ordained and endowed.
For I can boast with truth that I have spoken more than once with the pious lord, Prince George of Anhalt, cathedral provost of Magdeburg, my gracious lord, and have also asked that his princely grace would advise and help the high bishops and monasteries, so that they would do something to prevent the monasteries from being torn apart for various reasons. For I would not like to see them torn apart, it would not be good for the German country, especially at this time, when avarice has made the world wild, mad and foolish.
50. What harm is it to our bishops, then, that they, following such an example, would become vain Valerii, and what they could not do, they would do through others, look around where they could get such Augustinians in their churches; and where they were not there, they would help that they were educated in schools and foundations; they would remain what they are, have what they have, refrain from persecuting, murdering and blaspheming, accept the recognized truth, and help that churches are well appointed. For if the chapter of Naumburg had done so (as they say), their choice would have remained without suspicion, and they would have been able to make this change.
have been spared. Our secular sovereigns must now be emergency bishops, and protect and help us pastors and preachers (since the pope and his mob do not do this, but against it), so that we can preach, serve churches and schools; as Isaiah says [Cap. 49,23]: Reges nutricii tui, "Kings shall feed thee, and queens shall nurse thee"; as they did in times past almost too abundantly, and, where the gospel has made them devout, still do.
And if such bishops and canons did not want to be married, they would like to remain so, but not lead whores; if they were married, they would like to save from their income for their wives and children, which they now disgracefully spend on whores and boys; they could also, with the approval of the chapter, without breaking off the convent, give something to their children. Well, a fool's council has been held up to now, and I am a fool. But because it is God's counsel, it is the counsel of a wise fool. But that the mendicant monasteries should go away is useful and necessary, for it is not only an unchristian nature, but also a shameful nourishment, 1) that they should have nothing of their own, and lie daily on the necks of the people, and weigh down the world. I would also like that the high, large monasteries, which, without the title of a bishop, are equal to a diocese, not all be torn apart, but made into schools, where it would be necessary. That would help the poor nobility a lot, and useful people would come out of it, since now vain bellies and bellies, like rats and mice in the barns, fatten themselves.
52 Thus my most gracious and gracious lord, Duke Johann Friederich, Elector, and Duke Ernst, brothers, as sovereigns and patrons of the Naumburg Abbey, have promised and pledged that they will let the Abbey remain uncorrupted, and keep a special body as it has been until now, and not take anything from it. For they have done so, and must do so, as patrons of the monastery, to maintain the churches of the monastery in the holy gospel and known truth, as true emergency bishops in such a case, when a chapter wants to go the wrong way.
1) Here is a pleonastic "is" in the original.
and princely graces, that it should become a truly Christian example to the other bishoprics, whether or not they subsequently want it, for their own and their subjects' salvation and good. For the time has come for Germany to atone. The rut is at the door, and there is still little repentance, and yet it is not possible that God should be with us if we do not mend our ways.
This is said of the other piece, for the sake of the oath. Third: whether it is also justifiable that the bishop of Naumburg has allowed such hostile heretics, and Apostatas of the papal church, to consecrate himself, or to lay hands on him? I, for my part, know nothing good to say of myself, much less to praise. I, like all men, was born in sins and death, under the devil; I am still alive, that I would like to have it better, but that I am no longer under the devil. If there is any good in me, it is not mine, but that of my dear Lord God and Savior Jesus Christ, whose gifts I should not deny, namely, that I understand the Holy Scriptures (though little) much better, and know better how to consecrate a Christian bishop, than the pope and all those who are hostile to the Holy Scriptures and God's Word, along with all his bishops, and do not know what they say or do, 1 Tim. 1,7, not even what they do or do not do. Although they (in my opinion) will not worry much about this, because their own rights teach them that the bishop who is consecrated by a Simoniaco or heretic is rightly consecrated; and even more, they consider it right what the most shameful pope, as Bonifacius the Eighth, Julius the Second, Clement the Seventh, even if the devil had done it in office. It depends on whether the church and the bishop are one, and the church wants to hear the bishop, and the bishop wants to teach the church. So it happened. The laying on of hands, which bless, confirm and testify to this; as a notary and witnesses testify to a secular matter, and as the priest, who blesses the bride and groom, confirms or testifies to their marriage, that they have taken each other beforehand, and publicly confesses it; whether the priest is an angel or a devil, because the office is done, the bride is blessed.
(54) As to all that the papists say what they will, our conscience is sure and free before God that we have done right and well. For at such consecration has been present and has laid hands on, not only I, but also these following bishops, or as they will be called, parish priests: Doctor Nicolaus Medler, parish priest and superintendent of Naumburg; Magister Georgius Spalatinus, parish priest and superintendent of Altenburg; Magister Wolfgängus Stein, parish priest and superintendent of Weißenfels; as was the custom of the old churches and the old canons teach that a bishop should be consecrated with the consent of the nearest city bishops, as was done here; also the church and the people, as well as the sovereigns and patrons themselves were personally present.
If the papists are not yet satisfied, we hereby give them this lection: If they will cleanse their popes, cardinals, bishops, abbots, canons and parish priests, from top to bottom, according to right free choice, from the simony, favor, practices, pact, covenant and other vile vices, which are desperately, predominantly and unbeseemably with them, against their own spiritual right, and pull such beam first out of their eyes, then we will gladly let our splinter be pulled out as well. If not, we will saw against it: You mosquito-pickers and camel-devourers, wipe yourselves first (you know where!) before you call us to wipe our noses! It is not good for a sow to teach a dove not to eat impure grains, if she herself eats nothing better than the gallows, which the farmers put behind the fence. The other you understand well! Where has free election been held in a hundred years, and even longer? Who has been a bishop who did not have to buy it from the pope? About that another time.
(56) So they do not have to complain about the person of the bishop. For he is of noble birth, so that they cannot grumble as if they were weakened with a small person, but must take hold of the fact that nothing has been broken off from the bishopric, and that the only thing they have had to do is to find a person who is suitable and Christian. Thus he is also abundantly gifted by God, learned in the holy scriptures and well practiced, more than
116 Erl. (S.) SS, ISS-IS8. Section 2: Election of the Bishop of Naumburg. No. 1257 f. W. XVII, 157-160. 117
all papists in one heap; in addition of an honorable life and faithful, sincere heart, also caelebs, that the papal rights themselves (if they wanted to choose best) would have to choose such a bishop; is also unpunishable according to the holy scripture, as St. Paul paints a bishop Titus 1, and 1 Timothy 3, 2. Paul paints a bishop Tit. 1, 7. and 1 Tim. 3, 2. But so that our Lord God reserves his right that no living man is righteous before him [Ps. 143, 2.], but all must live before him according to his pure grace and mercy.
For the sake of the secular estate or dominion (in which the papists are most concerned), I have said above that the bishopric should not herewith be torn apart, but remain a free corpus, as before, with all its justice. For as we must not tear the parish goods and their justice from the parishes (because a parish lord cannot eat hands and feet), so also the goods shall remain with the bishopric (which is a large parish). For it is useful and good for both foundations, sovereigns and lands that they are not torn apart; as said above.
But I have heard speeches how he should complain to Julius, also through writings, that my most gracious lord, the Elector, wants to throw the monastery under himself or take it to himself, etc., when he has never resisted the Gospel, but intends to govern Christianly, to save the souls of the monastery from their ruin. If this were the case, I would be sorry for Julius that he should commit such a shameful offense with such public lies and false words.
First of all, that he should blame my most gracious Lord Elector, that he wanted to throw the monastery under himself, and take freedom from the kingdom, etc., that is not true, because it did not happen in the corner, but at Naumburg, and also through my mouth (although I am nothing) indicated to the estates and councils of the monastery that [it] did not have the opinion to break off the bishopric. I also preached this publicly in Zeitz, that it must be unbelievable that such public speech, trade and sermon should not have come before him, and that he should still publicly present himself with such false words. But I want to see (where I am to live), how he can do such things with
Honor and Glimpf may defend; for it is publicly forged and lied about, that I know for certain; and if he is caught in such a great lie, publicly and knowingly done, then he may see what will be thought and said of him.
60 Secondly, that he should boast how he has never been against the gospel, and wants to act Christian in the church; then I say for myself: We have now learned longer than twenty years by such their language, what they call gospel, church, Christian or bishop. And even if we had not wanted to understand it before, before this year Heinz Mordbrenner set so much fire to us on account of all of them that we would have had to see it if the darkness had still been so great among us; they have taught us to understand their language, what they call church, Christian, and gospel. And God has already lit another fire in the abyss of hell, so that they may also see and read clearly what Christ calls the church and the gospel in us.
(61) But I do not yet hear that he lets himself be heard that he wants to let the monastery remain as they teach and believe now (as he should do and is obliged to do, if he were serious), but, as I said, praises to govern Christianly, to care for the souls, not to be contrary to the Gospel. This means 1) in German: Klippern gehöret zum Handwerk. So now I have said that we have come to understand such language with great harm. Would God that we had understood it before, or understood it enough. That is enough this time, until I see what they want to say publicly. We know from their secret that there is nothing good. Against this help us, whose enemies they are, God the Father, through His dear Son, our Lord Jesus Christ, together with the Holy Spirit, praised forever and ever, amen.
1258 Luther's Letter to Bishop Amsdorf. March 5, 1542.
The original of this letter is at Dresden sin Oock. S6iÜ6t.; from a, Jenaischen manuscript printed with Seckendorf, Hist. I^utN., lik. Ill, 866t. 25, ? 100, p. 411; incomplete in Strobel-Ramer, p. 301;
1) Erlanger: hot.
from Börner's collection in Schütze, vol. I, p. 186; in De Wette, vol. V, p. 433 with the wrong date: "February 12". German at Walch here incomplete; complete vol. XXI, 1483, in both places with De Wette's wrong date. The correctness of the date is according to Burkhardt, p. 408.
To the venerable Lord in Christ, Mr. Nicolaus von Amsdorf, the right bishop of the church at Naumburg, his superior who is to be highly honored in the Lord.
Grace and peace in Christ! I am also very glad, dearest friend in the Lord, that my letter pleased you, that is, that I did not write in vain. For I wanted to comfort you, since I am not concerned about you with common worries, considering how great worries I have put you into, or rather given my consent that you should be put into them. But the Lord, who rules the world through fools and children, and puts to shame the wise in their wisdom, will accomplish his work through us, the most foolish of men, as we are called, Proverbs 30:2, 1). By the way, do not be moved by the fact that I wrote that I do not want to ask anything from you. I wrote this from your bishop, not from Amsdorf, that is, I do not want anything of goods to be given to me other than the goods of the diocese, namely, so that the unworthy centaurs 2) do not get an opportunity to blaspheme after they themselves have devoured everything without conscience, and then do not want to blame us for a hare or a pig that has been given to others. "Let them devour in God's name or another's, that we be not blasphemed with them." I also wish you happiness that you have been given a faithful sub-amministrator (praefectus secundarius), and I.love him. May the Lord preserve and promote him; but more [I wish you luck] that the clergy at Zeitz will be compliant.
There is nothing new, only that the book of the bishopric 3) is under the press, which is
1) In the original: Proverb. XXXI.
2) This is what Luther calls the courtiers who ride stallions.
3) The previous writing.
I promised to Naumburg. It would have been finished long ago if it had started because of a new weakness, and. Dear, what more could I have wanted and wished for than for it to be finished two weeks ago? What I can do, I do willingly. Fare well in the Lord who strengthens you, and pray for me. My Lord (meus) Käthe, the neighbor of your kingdom, greets you, and perhaps your future guest next summer, for that is threatened to you. On Sunday Reminiscere, that is the 5th of March, since your letter was handed over to me through your George, which is dated 4) February 12, 1542.
Your Martin Luther, D.
1259: Other writings of Elector John Frederick of Saxony against Julius Pflug, addressed to the emperor and the empire. 1544.
This writing is found in Hortleder, "Von den Ursachen des deutschen Kriegs," vol. I, lid. V, eax." 18, S. 1180.
The most illustrious, highborn prince and lord, Mr. Johann Friedrich, Duke of Saxony, Archmarshall of the Holy Roman Empire, Elector, Landgrave of Thuringia, Margrave of Meissen and Burgrave of Magdeburg etc.., The Council of the Holy Roman Empire has received an order from the Holy Roman Empire's arch-marshals, landgraves in Thuringia, margraves of Meissen and burgraves of Magdeburg etc. Duplicate writings which they have received against Er Julii Pflug, who claims to be a bishop of Naumburg, which was entered at the previous Imperial Diet in Nuremberg, which was unfounded and then published in print, at the current Imperial Diet in Speier, in order to advance before the Roman imperial and royal majesty, princes, princes and estates of the Holy Roman Empire. Anno 1544.
Most Sublime, Most Magnificent and Most Invincible Emperor! Most illustrious, most magnanimous king! Most illustrious and noble, high-born princes! Venerable, noble, noble, noble, noble, noble, and noble, noble, and noble etc. Most gracious and gracious, also favorable lords and good friends.
1) After Julius Pflug, who calls himself a presumed elected bishop of Naumburg, has given the most illustrious, highborn prince and bishop of Naumburg the title of "Bishop of Naumburg.
4) In front of Datatz, De Wette erroneously has a period, which led him to the wrong dating of this letter. Burkhardt, p. 408 has improved this error.
Lord Johann Friedrichen, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave of Thuringia, Margrave of Meissen and Burgrave of Magdeburg etc.., our most gracious lord, at two imperial congresses held before, namely recently at Speier, and afterwards at Nuremberg, with unsubstantiated writings, but especially by a supposed replica, which he handed over for several quarters and subsequently had printed, heedlessly and with public unjustification, also especially as if against God and right the aforementioned Elector had withheld the Naumburg monastery from him, diminished and weighed down, also offered help, advice and assistance against His. If the aforementioned Electoral Prince were to reduce the monastery of Naumburg, and if assistance, advice and support were sought quite unreasonably from the Holy Roman Empire against His Princely Grace, then His Electoral Grace would be well advised. Grace's counselors would have been meant to refute such his shameful and unfounded replica before and before this time; but what caused the delay is ordered to the Reverend in God and Lord, Mr. Philipsen, Bishop of Speier, as Your Imperial Majesty. Majesty's commissioner and commander ordered in these matters, has been sufficiently indicated by a document handed over, among other things, and without doubt plows have not been restrained; therefore to repeat this here is considered unnecessary for the sake of brevity.
But to come to the matter in the shortest possible way, it basically depends on this. Namely, whether the Elector of Saxony has and may have some interest or permanent objection and causes. He did not want to let Julium Pflugen come to the bishopric of Naumburg? as said Pflug, although without reason, wanted to interpret it as if the Elector should not be entitled to any interest or objection etc.
And for clear and bright, also true and constant execution of the House and Elector of Saxony etc. In the interest of the House and the Elector of Saxony, the prince's counsels have stated that the House of Saxony has had, possessed, used, and brought to the three monasteries of Meissen, Naumburg, and Merseburg, and their bishops and cathedral chapters, among others, the reported sovereignties, rights, preeminent rights, and prerogatives, all of which have been quiet for as long as anyone can remember.
4. namely because such bishoprics in and to the House of Saxony etc. Princedom, lands and dominions, the bishops, who were at any time of the ends, together with their cathedral chapters, have over the past, also otherwise rightfully time-barred, become the princes of the House of Saxony, formerly only landgraves in
The people of Thuringia and the Margraves of Meissen held them as their sovereigns and protectors, advocates and patrons, and recognized them for this, honored them, and sought their protection and protection against ecclesiastical and Roman curtisan, as well as secular unrighteous power at all times when necessity required it, and actually felt it.
5. In addition, they have always, and from time immemorial, when someone has made a ruling and claim against them or against their subjects, also the subjects against them, the bishops, and they themselves against their subjects, if the matters could not be carried out by themselves, and further feuds and enmities or physical complaints occurred, and enmities, or physical complaints, the matters have been referred to the affected Electors and Princes of Saxony, as their sovereigns, for justice and equity, who, as the sovereign protectors and advocates, have also taken amicable action, and in the event that this does not take place, legal action; which is therefore true, correct, also notorious and irreconcilable.
Furthermore, from time immemorial, the aforementioned bishops and their cathedral chapters have, at the request of their sovereigns, personally attended their provincial assemblies in cases of concern for themselves or their provinces, or, if they were considerably prevented from doing so, have attended them together with their chapters, have also held prelates' meetings with other clergy as belonging to the provinces, and have respected and recognized themselves as belonging to the provinces in all respects up to this point.
(7) Furthermore, what has been deliberated and decided by them and the other estates in such land councils, they have first of all, since it concerned the salvation of the lands and the like, with their and their monasteries' subjects' help, taxes and consequences, also helped to execute such princes and common lands for their benefit, use and welfare.
8. have also knowingly obeyed the sovereign with regard to the aforementioned aid, taxes, council and services, to no one else but the same. And since they have ever wanted to control the empire and to pay its taxes and aid without means by penalty mandate, they have asked the sovereigns to excuse them from Roman emperors and kings; also, because they belonged to the lands with their monasteries, to make them exempt against the mandates; which was done. Accordingly, the princes and princes of Saxony have been summoned to all imperial diets, for a period of time that has lapsed, to help the empire.
S. Since the bishops of the affected bishoprics also had skill, they were accepted by the sovereigns as councillors and used for this purpose; they also gladly and willingly used themselves for this purpose, and allowed themselves to be sent to honestly reported princes, as their sovereigns, for trade and messages.
10. All the regulations, commandments, and police, which the Electors and Princes of Saxony have made and established for their lands and their inhabitants, both ecclesiastical and secular, for their good, benefit, welfare, and satisfaction from time immemorial, have been sent to the bishops, as well as to the other countrymen and to those who belong to the lands; They have posted them in their monasteries, and have proclaimed to their own that they are to abide by them.
Since an inheritance was made some fifty years ago between the former most noble and illustrious, highborn princes and lords, Mr. Ernsten, Elector, and Mr. Albrecht, brothers, dukes of Saxony, etc., The aforementioned bishops and their cathedral chapters of the three bishoprics mentioned above appeared at the state congresses, which were announced for the publication of the aforementioned inheritance against Leipzig, like the other state estates, have listened to the publication and the contents of the same division, and first of all, in which way the bishoprics and monasteries have been assigned to each of the named princes' parts and lands, without any objection and objection, and have also approved of the time and since then of such division.
When one of the bishops has died, the cathedral chapters have held their future election in such a way that they have announced the death of the previous bishop to the sovereign, along with the planned future election. Sometimes the bishops themselves have held suitable treaties with the sovereign for the sake of a future bishop, before their death, and have taken care to learn their minds, so that an unpleasant, disagreeable, useless and repugnant person would not be chosen by the chapter as a future bishop; this has also been done by the chapters.
Furthermore, the chapters have announced the chosen person to the sovereign after the election and have asked to take him and his foundation into their gracious protection and protection.
14. and that the elections and acceptances of the new bishops will be made from time immemorial and from time to time.
This is rightly and clearly shown, among other things, by the recorded history of the tradition from time immemorial.
15. For when a bishop of Naumburg, called Bishop Johann, of the family of Schönberg, as written next to the lesser number of seventeen, died, the cathedral chapter nominated Ern Vincentien von Schleinitz, canon there, for a bishop; but since Duke Frederick and Duke John, brothers, Electors of Saxony, of blessed memory, have been more inclined to support their native blood relative, namely the reverend, illustrious, highborn Prince and Lord, Mr. Philipsen, born Count Palatine of the Rhine, Duke of Bavaria and Bishop of Freisingen, there in Naumburg for an administrator, so the said von Schleinitz has not been chosen, but, at the pleasure of the two sovereigns, Bishop Philipp, Count Palatine, has been postulated as an administrator.
16. And when one wrote a thousand four hundred and four and thirty years ago, the lesser number, it happened that a bishop of Naumburg, also called Johannes, complained against the sovereigns, namely then Duke Friedrich and Duke Siegmunden, brothers, Elector and Prince of Saxony, that he could no longer preside over the monastery due to illness of his body, and therefore asked that the monastery come to the cathedral provost of the time at Naumburg, Ern Peter von Schleinitz: The said sovereigns answered the bishop, thought to admit von Schleinitz for a bishop in the affected place, and also wanted to protect and defend him in the bishop's office.
17 Furthermore, at the request of the aforementioned Duke Frederick, Elector of Saxony, in the years four hundred three and fifty, Dietrich von Buchsdorf, teacher of law, and at that time ordinarius at Leipzig, was appointed provost of the cathedral at Naumburg by the chapter there, and subsequently, at the further request of the sovereign, was appointed bishop there.
18. And in this and the like, the cathedral chapters have acted wisely and cautiously, except for the allegedly dangerous election of which Pflug is famous, and have undoubtedly considered the rights that the sovereign and principis terrae, protectoris et patroni consensu requirendo, first of all since such is customary in a time-barred usage, and that the sovereign protector and patron has right, reason and interest to excipirate and oppose against the elected and against the confirmation of the election.
niren und praesertim, wie die ermeldeten Rechte sagen: Si princeps terrae vult excipere contra Electum, quod timet de conjuratione, seu revelatione secretorum suorum, vel de nocivis consiliis etc., quoc hoc facere possit, quia tunc dicitur princeps prosequi proprium interesse, et est audiendus, et dicunt jurium interpretes: Hoc dictum bene notandum, cum saepe accidat in practica.
(19) Thus, there are also reasonable and consistent reasons for the affected usage and custom of the House of Saxony and its bishops. For since, as mentioned above, the bishops are obligated to attend the sovereign's Diet, and otherwise to advise them faithfully in their and the sovereign's affairs, as well as to help and serve them, necessity, by virtue of the rights involved, together with natural equity, requires that such bishops, and no others, be appointed, whom the sovereigns may well trust in matters important to them and their sovereigns, and provide them with confidential good will.
20 Furthermore, the nature and type of protection requires it. For to protect such a bishop and his foundation, whom the sovereign and patron does not trust well, and who would subject himself to put down and suppress the justice of the House of Saxony, or to be dependent on the sovereign's enemies, or to be related to them with counsel and services, or to be dependent on them in any other way, would be difficult for the sovereign, and the protection would not go well afterwards. For there should and must be correlativi respectus et mutua confidentia ac voluntas between the patron and patron's relatives, as the rights indicate; which cannot be, since the patron's relative comes from the Prince Regnant's court and schools, and is amicus inimici vel adversarii.
And that the bishops and bishoprics of the House of Saxony have been and are obliged to their sovereign with counted and other righteousnesses from time immemorial, and that this is not the first or the only thing that has been claimed by S. C. F. G., but that the noble, highborn prince and lord, Mr. Heinrich, Duke of Saxony, etc., of blessed memory, stood with the Elector, as his cousin, against the Bishops of Meissen and Merseburg for the sake of each of their interests, the Electoral Councils refer to both of their electoral and princely graces' entire writings, which they have addressed to Your Imperial Majesty, Most Gracious. Majesty, Most Gracious Emperor and Lord, next to Regensburg, against the unobjectionable statement of the two bishops mentioned above.
The entire text is therefore repeated here as well.
22 For the sake of the clergy, there is also the following opportunity with the aforementioned foundation and bishops: that their dioceses or districts (as it has been called all along) have been divided from time immemorial in such a way that each bishop is entitled to exercise the spiritual superintendency over a large place of the house of Saxony lands and dominions in a Christian manner. Which superintendency, however, the affected lands and their inhabitants have had to lack for some years now, because the bishops and commanders opposed the Augsburg Confession, and the preachers and the people therefore undertook to prevent it. As Plough would do and presume no less, but would not be imposed upon him.
23 And although the Elector of Saxony has had to provide and appoint the above-mentioned superintendency in other ways, to prevent all kinds of incorrectness, with special expenses for several years, it would still be highly burdensome, not even fair nor right, that such should have to be done for and for, because the bishops' estates are sufficiently provided with goods, pensions, interest, fees from such superintendency and episcopal office.
24 Since the Elector and Princes of Saxony and their lands are rightly not obliged to let themselves be deprived of their traditional righteousnesses and the same possessions, or quasi, nor even of the right Christian superlative tendency, but according to the rights of men are free and proper to defend and protect their possessions, also jurium incorporuliuin, with due counterattack, the Electoral Saxon Councillors find to your imperial authority that they have the right to do so. Saxon Councils to Your Imperial Majesty, also Royal. They will also not blame the Electors of Saxony for not allowing themselves and the House of Saxony to be spoliated or deprived by ploughing up more than one justice and by giving notice of it and proving it, as he intends to do.
For the rights, as irrefutably true, allow, quod pro defensione quasi possessionis juris incorporalis nedum liceat distringere personam, sed etiam alia obstacula, impedientia, quem quasi possessione sui juris libere uti, facto proprio amoveri et tollere. But if such is allowed, in the case where the disturbance to the other's possession, or yuasi readyan put into work, much more must, from it' finally.
and to allow each one to meet such disturbance before the same is brought to work, quemadmodum etiam unicuique in jure tanquam consultius permittitur, in tempore occurrere etc..
26? Now, the Elector would not only be physically turbiret and prevented from touching the House of Saxony and S. C. F. G. Gerechtigkeiten am Bischofthum Naumburg, and the same Posseß, if Pflug should come to it, but would also be completely spoliirt, and spoliir themselves in fact by the admission.
27 For Julius Pflug dared to deny all the previously mentioned righteousnesses and traditions to the Elector and House of Saxony, and to confess none of them, as much as to him. Therefore, if S. C. F. Gn. had him come to the bishopric's seat about this and in such a manner, reason would have to rightly follow from this, quod scilicet Elector Saxoniae ideo cederet turbatori et spoliatori Julio Pfluge, sine facti resistentia, quia suspicaretur, se posse repelli etc., and thus S. C. F. G. released the bishopric and the cathedral chapter sciens et patiens in quasi possessionem libertatis, from all the same of the House of Saxony's rights and their quasi possession, which no one, even of lesser rank, would do nor would do in the same case.
28) But when Pflüg dared to touch upon his denial and non-confession of the house of Saxony's rights, and that the monastery and the bishops of the same should belong to the empire, and that they should also have their status and session, among other things, because the reported monastery would be the empire's fief, and a bishop would have his regalia from the empire etc., the Saxon councillors answer this, and do not know otherwise, because the monastery churches and the bishops of reported monasteries have had their properties as propria, and not as feuda, as they have also been forbidden by several constitutions to take them in fief in case of hard and severe penalties. Plough will not be able to say with certainty, much less prove, that the bishops of much affected monasteries ever received such fiefs publicly, or at imperial diets, and otherwise than perhaps with letters.
Some of the nobility also receive fiefs from the empire, and are enfeoffed with letters, or pardoned with some regalia; however, he is not an imperial prince, nor a state, because a different definition belongs to it. So he only shows Julius Pflug what the bishops of the House of Saxony have had and used for regalia since time immemorial, so he shall be given further good counter-report of the adverse truth.
Finally, nothing could be taken away from the House of Property in respect of the above-mentioned traditional and statute-barred rights by means of the affected feudal receipt or regalia, since Your Imperial Majesty's opinion, even that of your noble ancestors, does not prejudice anyone else or the third party or tertiary in respect of his rights. Majesty, nor the opinion of your noble ancestors in such matters, to prejudice anyone else and the third or tertiary party in his rights.
Moreover, it is publicly known in the daytime and only in the realm that none of the reported bishops, nor their ambassadors, have been on imperial diets in living memory or ever within the time barred by the statute of limitations, much less have they had a standing or session in the realm, as it is also not evident from all the imperial diets held in living memory that they were first on imperial diets as imperial estates. Even if this had happened and they had been subject to it, the princes of Saxony would not have tolerated it; for since they had taken the same bishops and monasteries of the empire for all they were worth, it is easy to assume that they would have confessed to them much less princely dignity, imperial status and session.
32. And to further show and confirm that more touched monasteries and bishops do not belong anywhere but to the House of Saxony, about one and a half hundred years ago a bishop of Meissen, called Bishop Nicolaus, has arrogated to himself the same, as Pflug would like to do now; But finally he and his cathedral chapter have committed themselves to their sovereign, at that time Margrave Wilhelm of Meissen and Landgrave of Thuringia, never to give or transfer the monastery to anyone other than the Elector, but to faithfully advise, serve and help the said Margrave as his most gracious lord etc. Such obligations are to be advanced more in case of need.
33) And just as the bishops, who in former times undertook the apostasy from the sovereign, succeeded in doing so, so shall and will Plough, by divine bestowal, also prosper in his presumed apostasy.
34 The Electorate of Saxony also has no doubt that Julius Plough's pretensions against the House and the Elector of Saxony are true. The Electoral Saxon Councilors do not doubt that Julius' plowing allegations, which he makes against the House and the Elector of Saxony, are considered by all subjects of the princes in Saxony, even by his own blood relatives, to be a falsehood, an unjustified lie, and a public untruth. For they all know well how and in what manner, also how completely compliantly the bishops of the three monasteries have held themselves against the sovereign of the House of Saxony before and until now.
35 And not only are all subjects of the House of Saxony and Pflug's own blood relatives aware of this, but also foreigners and outsiders. For after the first Imperial Diet held by Your Imperial Majesty in Worms in Anno. For after the first Imperial Diet held at Worms in the year 21, princely griffins and other lords, together with the knighthood in Franconia, have issued a "proclamation", and in it they have reported on the relationship of the bishops of Meissen, Naumburg and Merseburg, and in what way they are among the princes of the House of Saxony. Report to do. Therefore, it is quite disconcerting to hear that Pflug, as a born subject of the House of Saxony, took it upon himself to deny and cast doubt on such notorious relationship of the bishops to the House of Saxony.
36 Also, several reported electoral councillors have introduced the following. In their first responsibility against plowing, which was handed over and read out at the recent Imperial Diet at Speier, 1) they have, among other things, introduced as true, knowingly and demonstrably that the aforementioned Bishop Philipsen of Freisingen, Count Palatine and Administrator of Naumburg, councillors, who were ordered to the District Diet in Worms a few years ago by his princely grace, have been arrested by the bishops of Meissen and Merseburg. When they understood there that the bishops of Meissen and Merseburg, through their commander, wanted to penetrate into the state and session of the empire, they had their lord's command publicly heard: namely, that they had been appointed by his princely grace as a bishop of Freising. They had been delivered there by his princely grace as a bishop of Freisingen, and not as administrators of Naumburg. Because of Naumburg, his princely graces knew well how it was to be done. Graces well knew how it was with that. If now his princely graces would have known that Naumburg If his princely graces had known that Naumburg was to be a foundation of the empire, as Pflug assumes, his princely graces would undoubtedly have issued the order. His Princely Grace would undoubtedly not have given the order in question, nor would his advisors have made the reported announcement.
37 Plow should also, as one of nobility, reasonably refrain from interpreting said honest princes' and prelates' statements otherwise than they are meant and done with truth.
38 Thus, the aforementioned Bishop Philip of Freisingen was also related to the empire, as a knowing bishop of the same, no less to the Naumburg monastery, as administrator there; without doubt, where he might have found the things, for the sake of the reported Naumburg monastery, on the occasion, as Pflug states, his princely graces would not have allowed the touched notification. Grace would not have let touched notice do. And what is more, with the said bishops
1) No. 1256 in this volume.
It is stated in the letters of the Duke of Meissen and the next deceased of Merseburg, which were found in good numbers at Wolfenbüttel, along with other dangerous letters of theirs, that they have themselves and expressly rewritten to their principal, Duke Henry of Brunswick, who advised them to search in their safekeeping of letters to see if they could find anything that would be useful to them for the preservation of an imperial state and session: namely, whether they had diligently searched for it, yet nothing special nor old might have been found of it.
39. Since Julius Pflug has been around and with the Cardinal and Archbishop of Mainz and Magdeburg, as a born Margrave of Brandenburg, for some years now, he should no doubt have heard how and in what way the cathedral chapters under the house of Brandenburg, when a new bishop is to be elected, are to behave, also with what kind of relationship the same bishops show towards the sovereign, and that they do not presume such things, as Pflug assumes.
40 Because Doctor Blumenthal, current bishop of Lebus, who was previously nominated and elected bishop of Havelberg, wanted to submit to the same episcopate without the favor of Margrave Joachim, Elector of Brandenburg, that another bishop, who pleased the reported Elector of the place, was elected and Doctor Blumenthal was not admitted.
41 And even though he went to Rome for this reason and issued papal mandates to the aforementioned Elector, the same Elector was not deterred by this to refrain from the Electoral House of Brandenburg's righteousness that the cathedral chapters must choose bishops who are pleasing and agreeable to the sovereign, but Doctor Blumenthal finally had to give way and cede the place.
42 Because the House of Saxony, for the sake of its bishops, is no less entitled and empowered, praise God: what is it that the aforementioned plow is doing, that he allows himself to be tempted into the vaunted, unseemly Naumburg election, against the House and the Elector of Saxony, and to challenge their rights and justices in such an impudent manner; without considering, quantum patriae magistratibusque debeat. He should also consider how difficult it would be for him to tie the cat (as they say) to such bells; certainly many good people have kept him much more thoughtful and reasonable before time, because they now respect and recognize him for it.
43 It will also not be enough for respectable and reasonable people that Pflug excuses the contents of his supposed replica, as if he had been named by the chapter at Naumburg without all previous practices and actions, even of his absence.
44 For, nevertheless, he should have considered his relationship to the fatherland above all, and not burden himself with unjust things against it, first of all with disorderly, also previously unheard-of request for the Holy Roman Empire's advice, help and assistance against the Elector of Saxony 2c, as the much-reported monastery's sovereign, hereditary protector, advisor and patron. His Elector. His electoral graces also know, praise God, that they have done him no wrong for reasons that have been mentioned and changed, of which further details will be given later, but that he would gladly do wrong to his electoral graces if he were to be held responsible for it.
45 His Electoral Grace has desired nothing more in the bishopric of Naumburg. His Electoral Grace has desired nothing more for the bishopric of Naumburg than that a Christian and peace-loving, also God-fearing bishop may be there, and that his Electoral Grace and the House of Saxony may retain the traditional privileges and rights. Grace and the House of Saxony the traditional glories and justices remain; which also his Electoral Grace has secured by plowing, his land and his bishopric. His electoral graces may not be deprived of them by plowing his property, with God's help, nor may they be deprived of what is the divine will.
46 His Electoral Grace has also not undertaken anything from the same monastery. His electoral graces have not undertaken anything from the same monastery's property, nor will anyone be able to impose this on His Electoral Grace with truth and permanence. They do not want anything dearer than this, just as His Electoral Grace's Christian thoughts are directed to this. The bishops may exercise their episcopal office and superintendence righteously, as far as their district extends in the lands from time immemorial, on the income and pensions of the monastery (as it was meant in the beginning with the endowment), with the advice, help and assistance of Christian canon lawyers, without special and unreasonable burdening of the people. Therefore, Pflug had no reason to call the Naumburg monastery an oppressed monastery for the sake of the Elector; however, he was careful not to become and be the oppressor himself.
47 The mind of the Elector of Saxony has not hitherto known whose children of nobility, since they have been sent to Christian episcopal offices among others and are fit according to divine Scripture, have not come by proper, Christian and due election to a more touched bishopric.
As they have also been left and graciously protected until now by the gracious handling of the sovereigns, against various Roman curtisan practices. But where it would easily and ultimately end up, where these same bishops as sovereigns would subject themselves to look back on their sovereigns and withdraw from them, also to deprive them of their customs, glories and righteousnesses, which they will neither suffer nor allow to happen, such is easy to see.
48. And although Julius Pflug confesses with difficulty that the Elector of Saxony is the patron of Naumburg Abbey: He gives this much to understand that his Electoral Grace should only be a mere emergency servant of such protection, and have no justice or glory against it in the monastery, but if a bishop of Naumburg asked him to protect him and the monastery and its subjects, then he should, and that is more, be and protect at his own expense, out of duty.
But whether anyone who has sense can believe that the House of Saxony has so far taken advantage of the bishopric's protection without some considerable counterpart and at its own expense, even without protection money, let him consider for himself.
But when he tried to force with this argument that the Elector may not be sovereign of the Naumburg monastery, because he is the patron: he should have considered why the Pope in some of his decrees indicates and confesses that he has taken a monastery or convent into his special protection, when he considers himself to be the sovereign of all clergy without this? Does the protection not cancel the authority there? Why should the House of Saxony not be able to be sovereign over the special protection of the three monasteries much more?
51 If Pflug had also given ostracism to the ration of such special protections, he would have refrained first of all from making such and such inconsistencies against the sovereign, because he will certainly not have to deprive the House of Saxony of its glories and rights with such and such arguments.
52 To this the electoral councils know. The councillors indicate with letters and seals that in previous times the sovereigns made a special confederation and protective alliance not only with their bishops, but also with their most noble subjects without means.
53! However, when he then continued to make a pretense by means of an extensive execution and with old letters and seals of the old landgraves in Thuringia and margraves of Meissen, from where touched protection should have initially come: so the previously reported councilors know little to speak of the attracted breezes, after the same were not presented by plowing. So also the rights say that the temporalia easily come into change by incidental trades. Therefore, little can be built on such old letters, which are two hundred years old and close to that, as Plough expresses the date, but it must rightly prevail what is customary over living memory and otherwise over rightly barred time; because usus praescripti temporis producit jus, and the custom of immemorial time has vim concessionis unb privilegii.
54. But nevertheless, where the letter, which Plough attracted de dato 1238, and Bishop Engelharden at Naumburg from the Landgrave in Thuringia and Margrave at Meissen, so named therein, shall have been given, the letter would be, which otherwise at the date, as above and further reads: At Groytz Sexto Calendas Decembris, he would certainly find nothing of protection in it, and the same letter would otherwise also do much more to confirm the House of Saxony's authorities and righteousnesses, than against it, especially in that it brings, how the said Margrave of Meissen has created and commanded frontiersmen and court commanders or beadles in the bishop's provinces, towns and villages, and how the same Margrave has also ordered Bishop Engelharden to rebuild several castles and fortresses.
For he Julius Pflug knows well and has heard at the time on the day in Leipzig, moreover, that also old letters exist, from which is found why the said margrave did not want to allow the bishop to complete and fortify the castle in Zeitz, also to have the construction partly torn down, so that it had to be stopped, until the bishop, after excellent intercession with the reported margrave's son, obtains a remission therein.
56 Thus it is also clear from a letter of former Margrave Dietrich of Landsberg, dated Mera 1269, that the same Margrave Bethe, 1) took estimates and impositions not only from the subjects of the Naumburg monastery, but also from the bishops and capitulars; and whether he had reported bishops and capitulars to the bishopric of Naumburg or to the bishopric of Landsberg.
1) "Bethe" is, as is evident from the context, as much as taxes, imposts, estimates.
Although half of the people have subsequently dropped this, the land aid to be taken from the subjects of the Naumburg monastery has been preserved and remains in place.
(57) Such prayers, facilities, and land grants are not imposed on anyone but the sovereign, not even on foreigners or outsiders, but on the sovereigns and those who belong to the land. For if the monastery had not belonged to the lands, but to the empire, the princes would not have occupied the bishops, nor would the bishops have refrained from asking the Roman emperors and kings for protection against it.
Plough and the chapter of Naumburg will also not be able to prove that a bishop of that time had a fief from the empire or received a regatta.
59 But that the bishops of Naumburg together with the reported chapter recognized the princes of Saxony etc. as their sovereigns, and that they are also obliged to hold and recognize them as such and are their sovereigns, the Saxon and electoral councils refer, among other things, to the letters of protection that were established between then Duke Wilhelm of Saxony and a bishop and chapter of Naumburg; in which letters and reversals the named Duke Wilhelm is expressly named "sovereign of the monastery. In addition to the notoriety, the same can be shown with other letters and trades in good number, which were issued between the sovereigns and bishops in Naumburg.
60. And how can it be doubted by ploughmen whether the Elector of Saxony is sovereign of the Naumburg monastery, because the same monastery is completely surrounded and encircled by the lands of the House of Saxony, and the princes have brought such privileges and rights to it, and to the bishops of the same monastery, as mentioned above, since time immemorial, and also since time immemorial; in addition, the House of Saxony uses sovereign freedoms, protections and protections, defenses, sovereign ordinances etc. and suffer and bear with the same again.
61 When Pflug also does not want to admit the patronage of the Elector of Saxony, because Emperor Otto the First is said to have founded and endowed the Naumburg monastery, then several reported advisors say: Because the Elector of Saxony is the sovereign and hereditary protector of the bishops and churches, also of the Naumburg monastery, his electoral graces have fundatam intentionem rightly, super jure patronatus. Therefore also a distinguished teacher of rights uses the following words
gebrauchet: scilicet: quod cum Reges sint patroni in Episcopatibus, quod hoc faciat pro ducibus Almaniae, et dicit, hoc menti tenendum esse.
62. In addition, the House of Saxony has brought over time-barred without male objection the rights, liberties, prerogatives, preeminence and jurisdiction that belong to and are entitled to a patron according to the affected rights, and in particular that a bishop of Naumburg is to be named with the knowledge and consent of the sovereign, that a bishop of Naumburg shall be named with the knowledge and consent of the sovereign, which tradition is strong and constant in law, Si consuetudo est, quod principi terrae annuntiari debeat mors Praelati defuncti et ejus consensus requiri etc., etc., etc., etc., quod electio aliter attentata est inefficax, deß denn Pflug selbst geständ ist.
- 63 Since he would be considered against such custom and practice, he should consider for himself what right, justice and equity he should presume to do for the Naumburg monastery, and also apply to the realm against the sovereign, hereditary prince and patron for advice, help and assistance to disturb and suppress the justice of the House of Saxony, first of all without prior due cognizance.
The Elector of Saxony is justly permitted, as mentioned above, to protect and handle his rights and the quasi possessions thereof outside the law and intra jus, and not to be deprived of them; but Ploughs have no right to spoliate his Electoral Grace and the House of Saxony, the possessions they have, unrecognized, or to deprive the Elector of his rights. The House of Saxony, the same having posse, unrecognized, to spoliiren, or S. churfürstl. Grace, therefore he should have refrained from seeking help and counsel against the Elector and from taking up the matter ab executione, which is not proper even in much lesser matters. Nimis ergo ac injuste properas, Marcelle etc.
Thus the Elector of Saxony will not allow himself to be persuaded by Pflugen to renounce his opposition, which is based in law, without being recognized, since His Electoral Grace would have only one reason to excipirate against Pflugen: namely, that His Electoral Grace would not know him in his Electorate. Grace did not know in his Electoral Grace and in the affairs of their country. Grace and their lands. And although his electoral graces have been reported enough. His Electoral Grace has been sufficiently informed where the vindication of the opposition in question is reserved according to the Pope's rights. His Elector's Grace would not be advised to allow the matter to develop under the same compulsion of the court; for what His Elector's Grace could rightfully have decided on the place. His Elector's Grace should have decided on the occasion of the matter, and by reason of
of the ambivalent religion, is easy to consider. And although His Electoral Grace is rightly lacking Although His Electoral Grace is rightly lacking a common, free Christian concilium at present, His Electoral Grace is not therefore obliged to refrain from their rightly founded opposition. His Elector's Grace is therefore not obligated to refrain from their rightly founded opposition and to pay for that which is not in the hands of His Elector's Grace. The same is true for the other parts of the book, which are not available to his electoral grace.
But in order for Julius Plough to understand the matters and the Elector's interest and plea sufficiently, there are three main reasons, and all and especially based in rights, praise to God, why he cannot come to the affected monastery, nor is it beneficial to the Elector, nor to his electoral grace. It is therefore neither beneficial nor permissible for the Elector, nor for His Grace's lands, nor for their subjects, nor for the subjects of the monastery.
The first is this: because he denies the House of Saxony all of its due and from time immemorial, even beyond the lapse of time, its grants and possessions, and so much is at work in him to deprive: so the Elector is not obligated to endure such from him and to watch him do so. His Electoral Grace also hopes that he will be able to do so. His Electoral Grace also hopes for this, since his noble forefathers are blessed, and also his Electoral Grace himself. His electoral graces themselves have been left with such their justices by Roman emperors and kings until now. His Electoral Grace and the House of Saxony will therefore remain so by divine help.
68 If it is also right and justified, if someone has had some rights in a place, which he formerly used and possessed freely and unhindered, and the third party occupies the place, that he cannot possess his due rights freely and unhindered as before, that the tertius occupator is obliged to give way: in this case the Elector of Saxony must be much more authorized and entitled not to permit plowing, after his electoral rulers would not only not want to use their rights freely as before, but would also want to be completely deprived of them by plowing. The Elector of Saxony must in this case have much more authority not to permit plowing, since his electors would not only want to use their reported rights at the Naumburg monastery more freely, as before, but would also want to be completely deprived of them and spoliated by plowing. For if he had presumed to do such things, even to demand the urgent Turkish aid at the next Regensburg parting, to decree the same at the first deadline against Frankfurt for the help of the empire without means, and thus to draw himself to the disadvantage of the Elector to the empire, since he had not yet come to the monastery: what would his electoral graces have to provide for him? His Elector's Grace would have had to provide for him if he had attained the position of the same monastery.
69 Therefore, His Electoral Grace's great and unavoidable necessity required it. His Electoral Grace's high and unavoidable necessity required him to counteract such a criminal plan of Plough's in time, which also His Electoral Grace and Plough himself, according to the saying: Turpius ejicitur, would have been less reproachable, because if he had once stepped into the posse, and the Elector should then have put him out again to handle his and the House of Saxony's rights and posse, as then His Electoral Grace would have done. Gn. (although with legal justification) would not have been able to avoid.
70 But when Pflug, in his unfounded reply, presumes to defend himself as if he had done the right thing with the pre-touched presumed imposition of the Turkish aid against Frankfurt, as a supposed associated prince of the empire, and that then Emperor Maximilian and the empire's decree or decree, on account of the prelates, counts and lords who had gone out, made at the imperial diet in Augsburg, Anno etc. decimo, were nothing for the Elector and Hans Saxony, but rather contrary to it. decimo, do nothing for the Elector and Hanseatic Saxony, but are more opposed to it, nor should it be found that Bishop Philip should have created and brought in more than one Turkish tax at the decision of the sovereign and his countrymen:
71 Thus, the Saxon Electoral Councillors say against this: it is indicated above, which is also provable, that the bishops of the three reported monasteries owe to the Landgrave in Thuringia and the Margrave in Meissen to advise, help, and serve, that they have also had, possessed, and brought to the monastery of Naumburg in particular tax and consequence from time immemorial.
72 It can also be shown with old registers and documents that the bishops of Naumburg have had to follow and serve the sovereign with a considerable number of men on horseback and on foot, also with money, when the occasion required it. Help done. And especially Duke Friederichen, of this name the First, Elector of Saxony, also the Landgrave in Thuringia and Margrave of Meissen; subsequently Duke Friederichen and Duke Wilhelm, brothers, called Duke Friedrich the First's sons; also Duke Ernsten and Duke Albrechten, brothers, called Duke Friedrich the Second's sons, the present Elector's great and ancestor, of blessed memory.
73 Furthermore, when it happened that a barbarian Wendish people, called the Rätzen, went on a rampage in the Lusatian, and also in the neighboring lands of the princes and chieftains, it was not only in the Lusatian lands, but also in the surrounding lands.
The bishop of Naumburg, who was in power at the time, has sent his help in the form of horses and men at the request of Duke Frederick, Elector, and Duke John, brothers, of the present Elector's cousin and dear father, the blessed. They have gathered their horse and foot in considerable numbers to defend the reported people, and have also sent their help in the form of travelers and men. That Bishop Philip of Freisingen, Administrator of Naumburg, has had the Turkish installation approved by the Estates at Zwickau, at the aforementioned request of Elector John of Saxony, applied and introduced in the Abbey of Naumburg and the articles adopted there at Zwickau in a completely uniform manner, is clearly and sufficiently indicated by His Princely Grace, as well as by the latter's governors and councillors, in their counter-scripts and the answer given.
74 In addition, he has also sent some of his councilors to the current Elector, Duke John Frederick, according to the aforementioned of his Elector. Gn. Lord Father's fatal departure, sent to Altenburg and asked His Electoral Grace to bring in the money. His Elector's Grace to be informed of the burial and burial, as well as the closure of the affected case, and ultimately to have copies of the tax registers handed over.
75) That also Bishop Johann of Naumburg, the next before the above-mentioned Bishop Philippsen, sent his own to the two next deceased Electors, and had them indicate that a mandate had come to him from the Fiscal, an attachment for the sake of the realm, and had the said Electors ask to excuse and take from him therein, because he knew that he and his monastery belonged to such lands etc. This is also evident from the actions taken because of this.
Furthermore, it is true, indisputable and provable that Bishop Philip ordered his horse and foot assistance, which was decided and granted at the decreed Regensburg imperial treaty against the Turks, to the Elector of Saxony, as the sovereign, when he undertook to march on Vienna, and ordered the assistance of the same captains, and also sent the remuneration for the facilities decided at Zwickau.
Since it is and appears irrefutable from this that the House and Elector of Saxony have been and still are in favor of the monastery of Naumburg in terms of aid, consequences, taxes, and facilities, and that they have knowingly and in their own right granted to the Empire, Your Imperial Majesty and Royal Majesty, as well as the elector and prince of Saxony, will grant the monastery of Naumburg. Majesty and King's Majesty, as well as the electoral and princely graces and favors. Graces and Favors, and Male Impartiality
from this graciously, also kindly and diligently to consider how plowing might have been due, to submit to demand the next Regensburg urgent Turkish aid, from Bishop Philip beforehand, and at the request and desire of the Prince Regnant created and brought in facilities, and to provide the same for the Reich's aid to Frankfurt, to the House and the Elector of Saxony for deliberate and wilful harm, damage and prevention, and also to release the affected grants, where he would have been held responsible for them.
78 And that Roman emperors and kings, as well as princes, princes and estates of the empire were sufficiently aware that the three bishops mentioned above were related to the House of Saxony with the taxes and grants, this shows first of all clearly, and also sufficiently, the work on him. For neither the kingdom nor the bishops can prove that anyone else had taxes and consequences with the bishops mentioned and their monasteries before, except the landgraves of Thuringia and the margraves of Meissen.
Thus, Pflug himself hides and seeks back his supposed account, no further than that approximately during the reign of Emperor Maximilian, of high lordly memory, once or twice, because of the Naumburg monastery, tax should have been given to the empire; however, if this were to be proven, nothing of the old custom would be indicated, but it appears from this that the bishops of Naumburg did not control the empire at all before, otherwise Pflug would not have kept it in his pen without a doubt.
80 Moreover, it is easy to think that such taxation would have been done by the bishops without the knowledge of the sovereign and thus clam, who would not have kept quiet about it; as they then, as is stated afterwards, spoke against it publicly and protested when they might have become aware of it. Therefore, also the reported house of Saxony may not be granted any jurisdiction, cum patientia ad ad-quisitionem quasi possessionis juris incorporalis necessaria.
81 For with the above-mentioned imperial decree and decree of Augsburg, made anno decimo, it is clearly stated in addition to the previous similar actions that the Elector and Princes of Saxony have now, at 34 years, and thus for the longest time, publicly extracted the three bishops, as belonging to their lands, in the imperial help and suggestions.
The same thing has been written at the imperial congresses of Your Imperial Majesty at Worms some twenty years ago. Majesty, Most Gracious Emperor, at Worms, several and twenty years ago, and
The same applies to other subsequent imperial and district assemblies as well. So also Pflug, where the things would give him trouble, as they do not concern him, should know to indicate, which part, namely the realm, or the house of Saxony here the older owner and possessor vel quasi roare, unb utrius partis possessio esset antiquior et justior? However, this is not noted from his reply, but, as touched, the contradiction. In addition, it is clear from the old letters mentioned above that the sovereigns had and brought taxes and grants to the bishops of Naumburg and the monastery two hundred years ago, and no doubt longer.
But that Pflug pretends as if the articles, which the Electoral Saxon Councils held from the above-mentioned Augsburg Imperial Treaty, do not include Naumburg in their exception, is his own fiction. The fact that Pflug claims that the articles that the Electoral Saxon Councils held in their exception from the aforementioned Augsburg Imperial Treaty, anno decimo, do not exclude Naumburg with a single word: he is speaking his own fiction.
For with the actions of the Reich reported, it can be shown that the Elector and Princes of Saxony have removed the three monasteries mentioned many times in the Reich aid granted at that time, together with some of their counts and lords.
When, however, he thereafter further presumed to enforce the touched article and farewell argumento a contrario sensu for the bishopric of Naumburg, such is a public calumnia and a dangerous, dishonorable advance; for the first point of the touched farewell reads thus, as follows from word to word, namely:
We have thus granted ourselves, and hereby do so, that those who have served the estates before their age and not the realm, and who are not responsible for or related to the realm without means, or who have nothing from the realm, shall follow and be reserved for the estates to which they are entitled, so that each one may remain with his dignities, status and nature, as is his right, and as his forefathers and forefathers, even he, have brought this about.
86 Now the reported councils also hold that the point touched upon must be understood alternatively, ita, quod sufficiat unam partem esse veram; and namely, that those who have not served the realm, but the estates from time immemorial, shall follow the same estates and be reserved to hear, whether they have anything from the realm. etc. For it is not contrary to law, as men know, for one to have a fief from a lord, and yet to another lord by custom or prescription.
The court is not obligated to render the service thereof, or otherwise to render assistance; therefore, the above point must be understood as touched upon, and not otherwise.
87. Thus, Emperor Maximilian and the estates of the empire could not have been of the mind, nor could it be interpreted in such a way that someone's traditional or desired justice of service should be withdrawn, even though the servant had something from the empire; for this is why the point touched upon is decreed and set, as appears clearly at the end of the same, so that each one may remain with his dignities and being, as is due to him, his forefathers and forefathers, even he who brought this about; to which, however, Pflug's dangerous interpretation would be quite contrary.
The other alternative is that those who do not belong to the empire without means, or who do not have anything from the empire, should not be drawn into the empire's aid; this is in accordance with all rights and reason, and is undoubtedly decreed because the imperial fiscal authorities have at times been subject to prelates, counts, lords and others who do not belong to the empire without means. This is in accordance with all rights and reason, and it is undoubtedly ordered that the imperial tax authorities have at times subjected prelates, counts, lords, and others to legal proceedings in the imperial courts, if they do not belong to the empire without means, and if they do not have any fief from the empire, although they may have some privileges and pardons from Roman emperors and kings, but not on loan.
89 Therefore, where Pflug wanted here a contrario
sensu, he would have to argue as follows: Namely, those who did not serve the estates, but the empire, and who had something from the empire, and since the two parts are copuIative, they should remain with the empire with their help and services.
90) That also the true and rightful understanding of the point mentioned is that, as now indicated, and without need to act here per conjecturas and a contrario sensu, this further appears from the following point of the Augsburg Departure, which reads as follows, namely:
And after some of the estates had made an excerpt, by virtue of the article now indicated, of some bishops, counts, lords and prelates, here, in such a way that they should be responsible for them and not belong to the help of the empire, we have agreed with the said estates and they with us, that it should remain with the same excerpt until the next future imperial diet, and then one or more of them should bring forward any reasons why he or they should be or remain in the help of the empire. Any cause shall be brought forward why he or they should not be or remain in the jurisdiction of the empire, and after the hearing of the same by us common estates, how it shall henceforth be decided.
is to be held, explanation and purification happen.
We also want to stand still against the same, so moved out, with all action of the past and this present help and suggestions by unfern Fiscal at our imperial chamber court etc.
For although the bishops of the two Electoral Houses of Saxony and Brandenburg (which by virtue of their hereditary dynasty stood and remained with one) had regalia from the empire, the bishops of the two Electoral Houses of Saxony and Brandenburg did not have them. For although the bishops of the two electoral houses, Saxony and Brandenburg (which, by virtue of their hereditary union, stood and remained with one), had regalia from the empire, the electors and princes of both houses, and as the article now touched upon reports, by virtue of the first point mentioned above, immediately made an exodus of their bishops, counts, lords and prelates, in such a way that they belonged to them and not to the help of the empire, etc., The other articles mentioned above were also placed on it, and the Emperor Maximilian and the estates of the empire allowed the same excerpt; which would not have happened if the first point had and would have the meaning that Pflug claims.
92 And for this reason the Electoral Councils of Saxony are "most humbly" confident of Your Imperial Majesty. Maj. of the "most submissive" confidence that you will graciously protect, handle, and, as decreed by the Holy Roman Emperor and the Holy Roman Empire, protect the Elector and the House of Saxony. Reich's decrees, and, as was done by Your Imperial Majesty's forefathers, you will do so. Majesty's forefathers, to remain graciously and quietly in this and such of their traditional justice. For since four and thirty years have now passed, when the Electors and Princes made their departure, and at that time already knew how to report, as also undoubtedly happened afterwards, by virtue of the reported farewell, in such a way that Emperor Maximilian and the Estates were satisfied, that the three bishops were in their jurisdiction and did not belong to the Reich's assistance, so it is easy to understand from this that the same bishops have always belonged, and now since that time belong, to the said Elector and Princes of Saxony, and not to the Reich's assistance.
In addition, as mentioned above, the reported Elector and Princes of Saxony have continued, renewed, and repeated such a procession at all imperial congresses where imperial assistance has been provided, without any objection from the Holy Roman Empire or anyone else. The Holy Roman Empire or anyone else's objection.
94 Therefore, it cannot be true that Pflug writes in his reply as if Imperial Majesty and the imperial estates never remit the Naumburg monastery. Majesty and the imperial estates never remit the Naumburg monastery of the charges.
95 For it is clear from the much-reported Augsburg farewell that Emperor Maximilian
and reported estates of the realm agree to stand still against the departed with all action by the Fiscal at the Court of Appeal.
96 However, the fact that more affected extractions by Your Imperial Majesty, Princes and Estates are finally confirmed without any appendix. Majesty, Princes, Princes and Estates finally confirmed straightforwardly and without any appendix, also forbidding the Fiscal not to proceed against those extracted by the Prince, Princes and Estates, the Electoral Councils of Saxony refer to this from Your Imperial Majesty and the said Estates' last Augsburg Treaty. The Electoral Councils of Saxony refer to the last Augsburg Agreement, made there in the year of the lesser number 30, in the article contained therein and following, namely:
After our Imperial Fiscal here, also Princes, Princes and Estates, has written to us at this Imperial Diet and indicated how, of the Turkish aid previously granted and divided into four parts, and also of the other proposals made, the maintenance of the Regiment and the Court of Appeal, all kinds of deficiencies on the part of the disobedient, have not yet been settled through his many requests and lawsuits; So that the disobedient have no advantage over the obedient in such matters, it is our order and opinion, as well as that of the Electors, Princes and Estates, that our Imperial Fiscal, also Pfennigmeister, is to be appointed to the office. The Fiscal, as well as the Pfennigmeister, shall use all diligence, and the Fiscal shall also proceed and proceed seriously against the disobedient (but excluding those who have been extracted by Princes and Princes in the Imperial enclosures), so that what is still unlaid and outstanding, also due in the future, is laid, paid, and then duly accounted for, as is their office etc.
In this article, the treasurer is forbidden clearly and without any distinction that he should not proceed against those who have gone out from the princes and rulers into the empire; so that the above-mentioned decree at Augsburg, made anno decimo, is further confirmed and affirmed: how can Pflug say that the imperial majesty and the imperial estates never remit the monastery of Naumburg of the charges? How can Pflug say that the Imperial Majesty and the imperial estates never remit the Naumburg monastery of the proposals?
98 The Electoral Saxon Councillors consider it as if he had no objection to help the subjects of the monastery in two places. The electoral Saxon councils consider it as if Julius Pflug, if he were a bishop in that place, would have no objection to the subjects of the monastery being arrested in two places to help and to pay the annexes. Namely, the empire, so that in the case in question he could be considered a prince of the empire all the sooner; and on the other hand, the Elector and House of Saxony, which had provided such assistance from time immemorial, as well; for it would have to win the way. But whether such a thing would be a dispossession or oppression of the monastery and the poor people,
The subjects of the monastery will also know how to take into account the costs that will have to be borne by the monastery.
99. And to overcome ploughs publicly, that the bishops of Naumburg did their help with the lands, and not with the empire, as also still last of bishop Philipp of Freisingen and administrator to Naumburg, so next deceased, happened, that is publicly: The much-mentioned plow will not deny, nor will it be hidden from him, that the Bishop of Merseburg, not many years ago, then Duke Georgen of Saxony, with and among other his estates, likewise also the Bishop of Meissen, granted to Duke Georgen, with due justices, a stately Turkish aid and facility, the same also, in accordance with the other estates, established in the monasteries, brought in, buried, the same also lastly S. F. Gn. F. Gn. against Dresden.
There is no doubt that the bishops reported did not provide any special Turkish aid to the empire, but that Duke George, with his due support, provided and carried it.
Furthermore, Pflug will undoubtedly know that two years ago at Speier, the empire granted Turkish aid, in the form of which the aforementioned bishop of Meissen, the Elector of Weimar, and the Duke of Saxony, Moritz, at Leipzig, and their electoral and princely estates, placed Turkish installations on the monastery of Meissen and also brought them in. The same have been placed on the Meissen monastery and also brought in, and by virtue and content of the contract established two years ago by the Landgrave of Hesse, equal sums have been granted to both princely parts for their use. After that, the maintenance of the money was sent to each part for as many warriors on horseback and on foot as a bishop of Meissen had served the House of Saxony in ancient times; and that the same was done and has been done on behalf of the Naumburg monastery by the aforementioned Weimar decision.
102. Therefore, it is a great presumption on the part of Pflugen that he was allowed to demand a hundred florins from the monastery (as he confesses) to pay for the first deadline of the urgent Turkish aid granted at Regensburg, and so much more that he would gladly defend it, as if he had done well, over such clear imperial agreements, old conventions, and the Saxon public posse and guarantee, which is brighter than the sun during the day from so many actibus possessivis; He wanted to call spoliiren and turbiren, so forbidden in law, well and rightly done.
The Electoral Councils of Saxony take pity on him, as one of the noble lineage of the House of Saxony, that he allows himself to be so hostilely incited against his fatherland and against his sovereign.
For even if he did not want to regard the Elector of Saxony so highly in this, as if he had to do such things with his elector's kindly beloved cousins, Duke Moritz of Saxony, under whom he was born. Even if he did not want to regard the Elector of Saxony as highly as if he had to do such things with his electoral cousin, Duke Moritz of Saxony, under whom he was born, he should nevertheless have considered and considered the blood relationship between their electoral cousins and their princely cousins. Gn. and her princely graces. and that they belong to one electoral and princely house. They declare that they belong to one churonic and princely house, and that each of their subjects is hereditarily bound to the other by hereditary homage, and how and in what manner their electoral and princely graces are bound to each other in fealty. They are also bound and obligated by the grandfatherly division, and in addition by the hereditary union of the houses of Brandenburg, Saxony and Hesse, and by the aforementioned treaty of two years ago, to kindly and faithfully advise and help each other in such and such things as in their own affairs.
105 Inasmuch as Duke Henry of Saxony, blessed, and the Elector, against the bishops of Meissen and Merseburg, when the latter wanted to submit to such a removal from the House of Saxony shortly after, and especially at the next Imperial Diet in Regensburg. The bishops of Meissen and Missenburg, when they were present at various times, and especially at the next Imperial Diet at Regensburg, wanted to be subjected to such removals from the House of Saxony, and stood for one man, representing such matters also as common matters of the House of Saxony, although they had at that time represented Duke Henry and His Royal Highness, the Bishop of Meissen and the Bishop of Missen, and the Bishop of Missen and the Bishop of Missen. Gn. Heirs, after the much-named Bishop Philipp etc., coadjutor at Naumburg, had taken action against the Elector, inasmuch as his F. Gn. ancestors, bishops of Naumburg, have done, they have kept all due diligence.
Who would also doubt, if Pflug should open this door (for which the Almighty graciously, together with Your Imperial Majesty) that 1) then the future bishops of Meissen and Merseburg would again take this into consideration and go as they would like to go next. Maj.) should open it, that 1) then the future bishops of Meissen and Merseburg would also take this into consideration again, and strive for it, as they would have liked to do next.
The following is a list of the most important documents of the Holy Roman Catholic Church. Gn. He would be a beginner and causer of such harm and damage, not only to the churl and princes, but also to their subjects and Pflug's own friends and relatives.
1) "that then" put by us instead of: "then that".
108 For it is the benefit and welfare of the subjects of the House of Saxony that the three bishops' dynasties remain in the lands, with their feud and facilities, as well as other things, as has been the custom from time immemorial: these subjects understand this well; for this reason, they have repeatedly reminded the sovereigns, as they noted a time ago, how the bishops were dealing with this, and have asked them to be in favor of this, so that the same bishops would not withdraw from the lands. But it is even more surprising that some of the Plough's friends and relatives, who are related to the House of Saxony with allegiance and feuds, also feudal obligations and hereditary homage, and who still incite and induce him to do so, should also be pending in this, just as if, for the sake of their relationship, not much else should be due to the House of Saxony; or as if oppugnatio jurium patriae were a small thing, and had little or nothing at all on it.
The other main reason for Pflug's non-admission is this: For it follows from the actions and plans under his control, in addition to others, which shall be reported hereafter, that the Elector of Saxony, as sovereign, hereditary protector and patron of the Naumburg Monastery, may not trust him.
110 Because he not only dares to disturb and prevent His Electorate and the House of Saxony from the above-mentioned rights, but also to deprive them of them as noble and important glories and rights. and the House of Saxony in the above-mentioned rights, but also to deprive them of them, as excellent and important glories and rights, and to do so without any consistent reason: then His Electoral Grace must consider him their main and capital enemy. Gn. must regard him as their main and capital enemy. Ex spoliatione enim aut conatu spoliandi al- cujus rei, aut juris non vilis, oritur capitalis inimicitia. Dess drawn to the rights.
But since distrust is attached to such enmity and repugnance, and from it flows and follows by the presumption of reason and right: Nam eo ipso, quod quis est inimicus, ostenditur, quod ei non debet, vel non potest confidi, so therefore the Elector of Saxony is here irrefutable in the case of the rights of which he was informed in the beginning of this writing: namely, that he, as sovereign and patron, has a rightful interest to oppose Pflugen, if he were constantly mentioned, and to get involved against him, that he does not consider His Electoral Grace to be a bishop of Naumburg. Gn. would not suffer for a bishop of Naumburg, since he is suspicious of him. And because the teachers of the law herewith refer to the preceding words, i.e.: "You are the bishop of Naumburg.
princeps terrae diffidit electo etc., so the electoral Saxon councils cannot avoid to conclude from touched enmity and repugnance above touched interest and the same causes, but especially Pflug's reduction.
112) And although the said councilors, most gracious Emperor and Lord, would have preferred to avoid the following matters before Your Imperial Majesty. Maj. of this place, would have preferred to avoid it; but since it is caused by the much-mentioned plow and its presumptuous replicas, that it cannot be avoided without harm to the Elector of Saxony, they most humbly request that Your Imperial Majesty will not be displeased by it, for it will also be evident to the eye that the plow has been used. Maj. will not be displeased, for it will be evident that the said Elector does not know how to trust plows. And say in the same way, for the sake of necessity alone, without disgrace to anyone, that the Electors of Saxony etc. have been in fief for over a hundred years and more from Roman emperors and kings, the Burggrafthum of Magdeburg together with the Bann and Grafengeding of Halle (as the present Elector of Saxony has himself been graciously granted by Your Imperial Majesty). Maj. himself also graciously beleaguered with it, contents of the feudal letters), is superfluous to prove with the feudal letters. However, with what inequity and unreason the Cardinal and Archbishop of Mainz and Magdeburg dared some years ago to encroach upon the reported Elector of Saxony's Burggravial justice in Halle with the deed and unauthorized action, and to further encroach upon the said Burggravial justice, is also not secret.
113 And although the reported Elector could, with just cause and right, have used the means permitted for the avoidance of violent encroachments on rights, the said Cardinal has ultimately taken the course of offering himself against the Elector of Saxony equally and justly to the Electors and Princes of the hereditary union of the above-mentioned Houses, Saxony, Brandenburg and Hesse.
114 And because the Elector of Saxony has not shied away from such a right, but has agreed to accept it with the Cardinal, a compromise has been drawn up between the affected Electors and princes of the settlement between the two parties, after no amicable action has been taken, in such a way that the matter shall be finally settled within one year. Such a compromise is to be kept by both parties with princely fidelity, true words, and in lieu of an oath, and is not to be violated in any way.
The following provisions have been approved, signed, affirmed and accepted with the attached seals.
115) When both parties had completed their legal necessity, including proof and rebuttal, before the end of the year, and had concluded and decided on a pronouncement, and the Elector of Saxony had no other choice than that the matter would reach its final decision through the pronouncement of the aforementioned Commissars, in accordance with the touched and approved and highly trusted compromise, as well as the most illustrious, highborn Prince and Lord, Mr. Joachim, Margrave of Brandenburg, Elector, etc., as one of the Compromissaries, by virtue of the Compromise, a day towards autumn has been appointed for this purpose, so a writing has been insinuated to the reported Elector, so in the name of Your Imperial Majesty, on the date at Tolet. Maj. on the date at Tolet in Hispania, to several affected Compromissaries, ordering them to stand still in affected compromised matters with a considerable penalty, and to send the matters with the acts to H.K.M..
116 And although the Elector of Saxony did not unreasonably raise a thought and suspicion, as if the mandate had to be carried out by some quick and dangerous practices, and if His Imperial Majesty had not found the trade as it was: nevertheless, His Electoral Majesty did not have the right to do so. Majesty's Majesty, the deal, as it stands, should not have occurred: yet His Electoral Grace has not allowed the Cardinal to engage in such practices. Gn. expressly may not order the Cardinal to such practices, especially because they are both committed to live according to the compromise and not to do anything against it, as mentioned above, until the House of Wolfenbüttel was conquered. There, letters, the Cardinal's own handwriting, together with some inserted writings, are found, which are in the hands of the aforementioned Elector, and are to be presented, from which it can be seen sufficiently, how the Cardinal had knowledge of the touched practices, and was also involved in the same, without regard to the more touched high trust. In this way, so much has been arranged and accomplished that the Elector of Saxony has prevented, interfered with, and physically turbinated the same in and on His Electorate. Gn. Magdeburg burgrave justice has now had to endure almost into the ninth or tenth year, and in addition the rights affected and the sentence are in short supply.
What also His Electoral Grace encounters for the suppression of his justice in the compromised justification for outrageous danger. Gn. further encounters for suppression of affected his justice in the compromised justification for outrageous endangerment of reported counterpart, that S. C. F. Gn. will, out of unavoidable necessity, on another occasion, inform your Imperial Majesty about.
Your Majesty will also not be able to circumvent the display of this information.
Now, around the same time and when all this happened to the Elector of Saxony, Julius Pflug was the Cardinal's (as he almost confesses himself in his reply) Magdeburg councilor and undoubtedly still is. That S. C. F. G. should now leave him out of this suspicion, as if he should not have been involved in touched, improper and dangerous actions against S. C. F. Gn. and the House of Saxony and have been in the same councils: this cannot be done by S. C. F. G.. Your Imperial Majesty. Majesty and all men will not blame S. C. F. G. for this.
Thus, S. C. F.G. does not know otherwise, because Pflug had gone to the said Cardinal for service and to his council almost at the time when the aforementioned misunderstanding between the Cardinal and the Elector of Saxony etc. arose for the sake of Burgrave justice. Since he has become a canon of Naumburg and a provost of Zeitz in the Elector's country and under the protection of the Elector, it would have been proper for him, in addition to other aforementioned causes, if he had wanted to discharge himself from suspicion and had hopes of becoming a bishop in this place in time, that he had renounced and expressed such council relationship, service and attachment.
120 Because he then also abstains to this day around and at, also under the Cardinal mentioned, and in this trade without doubt, as is also sufficiently noted, uses his and his council against the Elector of Saxony for everything that touches his unpleasant authority:
For this reason, and for these reasons, the Elector of Saxony cannot trust him in any way, and is therefore not obliged to admit him to the lands and protection of S. C. F. G. for a bishop, as one who is pending, advised, served, and cum tanto celsitudinis suae adversario (citra tamen injuriam) conversiret today against S. C. F. G. in an excellent, important matter, their capital opponents.
122 And even though Pflug seems to denigrate and make unimportant this, the Elector's, complaint, that the error with the Cardinal and S.C.F.G. should not be feudable etc., it is nevertheless so important without contradiction that it concerns the Elector's status, sovereignty and honor, namely title, coat of arms, dominion and glory of the Burggrafthum of Magdeburg, as a regal, your Imperial Majesty's and Holy Roman Empire's fiefdom. Majesty and of the Holy Empire.
123. that also this thing is not for disdainful
may be respected, that is enough to be understood from some of the actions taken and proposals made for the amicable performance of the same.
Moreover, although H. C. F. G. has pushed and led the Cardinal into the suggested sworn compromise, he has nevertheless blocked such sworn right of H. C. F. G. by his and his followers' dangerous practices, and the Elector of Saxony now has to stand in want of the same compromised and sworn right for many years because of it.
For this reason, and from many other circumstances, it is easy to see what a highly troublesome repugnance and inimicitia between the two parties has arisen and grown out of it, even though, through no fault of the Elector of Saxony's, that Plough may not regard and interpret these things, errors and controversies with such disdain as he would like to do, with which he also gives reason to understand his attachment to the Cardinal all the more, and to distrust the Elector.
For it is not a question of whether an archbishop of Magdeburg is metropolitan of the Naumburg chapter, as Pflug includes: for the Elector of Saxony would not have anything to do with the Cardinal because of this; this also does not affect S. C. F. G., but rather the Burgrave Magdeburg matter in which S. C. F. G. has made such excellent and dangerous complaints.G: but the Burgrave Magdeburg matter, in which S. C. F. G. has encountered such excellent and dangerous complaints and the stuffing of the compromised right, so that the Elector of Saxony finally cannot nor may not avoid touching complaints of Your Imperial Majesty on other convenient occasions. Maj. to other convenient opportunities, to all necessity, and differently in specie most humbly to advance, and to obtain Your Imperial Majesty's due understanding. Maj.'s due understanding, so that S. C. F. G. may quietly have, possess and use their Burgrave's rights, without further hindrance, turbation, intervention and entries of the Cardinal.
However, the Elector of Saxony has these further reasons for his mistrust of Plough: For one thing S. C. F. Gn. has no small suspicion, namely how the present Bishop of Meissen and the next deceased one of Merseburg, after expulsion of their letters found at Wolfenbüttel, have engaged with Duke Henry of Brunswick, the Elector's and S. C. F. G.'s defender relatives, in troublesome practices against the House of Saxony, that Pflug has prepared himself for the reported one of Brunswick and has also hanged himself in the same way.
128. and to this suspicion and distrust be-
S. C. F. G. is not a little disappointed that the aforementioned of Brunswick, whether he should have enough to do with his practiced misdeeds and the same responsibility, interwove the Naumburg monastery and He Julius Pflugen against his supposed opposition, also with the disparagement and suggestion, which must certainly have been formed by Pflugen in the of Brunswick.
129. On the other hand, he cannot be innocent of the troublesome action which the aforementioned two bishops of Meissen and Merseburg undertook with Duke Henry of Brunswick to the detriment of the House of Saxony, since he was already a canon in both monastery churches of Meissen and Merseburg at the time, Such important and highly questionable matters, from which the House of Saxony hates to be thoroughly ruined, will not have been dealt with without the consent and advice of the capitulars and especially of the most distinguished, such as Plough and the like.
130) How then reported Plough of the Bishop of Meissen was some counsel among all canons of Meissen, when the Elector and Duke Henry of Saxony himself talked and acted with him at Meissen about a Christian Reformation and about the imperial session granted at Worms on the Imperial Diet; but no doubt sat down on reported Plough, as his counsel, against reported sovereigns.
131 As the aforementioned bishop was recently able and able to give his letter and seal to the aforementioned two Electors and Princes of Saxony, not to accept the imperial state or session from now on, Plough has found so much advice in Mainz that the aforementioned bishop would like to take their electoral and princely authorities over and against his reported prescription to the Court of Appeal and work out where such his practices would have wanted to proceed.
132. And although Bishop Philip of Freisingen and Administrator of Naumburg, Count Palatine by birth, have never given or wanted to give themselves into any foreign alliances on account of the many named monasteries, the Elector of Saxony would certainly not give himself to any other, But the Elector of Saxony would certainly not have to provide himself with anything else, except for the causes mentioned of all repugnance, dangerous incitement, attacks, practices, unwillingness, and in sum of all the things to plow, which is why the rights allow the sovereign, even patrons, the often-touched opposition pro suo in teresse.
133 And that he is liable to special, dangerous practices and conspiracies in this regard is well and easily to be assumed from the fact that he is
boasts how the nobility of Naumburg Abbey should already be attached to him, which will also remain in his kinship. For, if this is so, as the Elector must grant him such of his boast, then it cannot ever have been brought about and effected in any other way than by a special practice, since otherwise, without a doubt, no honorary lover, who is obligated to the monastery or also to the House of Saxony, would have made himself related to him, because the Elector of Saxony, as the country's hereditary protector and patron, has not consented to Pflug's person for such excellent and legitimate reasons, and he has not yet come into the monastery's posse. In addition, the greater part of Bishop Niclasen von Amsdorff, as a Christian bishop, has made himself related.
The Elector of Saxony will also have to consider them as if they, like Julius Pflug, were planning to deprive the House of Saxony of its rights, glories, and prerogatives, which it had brought to the three bishoprics from time immemorial, and to help Pflug to protect them.
But without a doubt, S. C. F. G. will not fail, by means of divine help, which, because they have always been able to suffer due justice in this matter, will also nowadays rightly request, as will be noted hereafter, to be remembered in an equitable manner, so that S. C. F. G. and the House of Saxony may remain undistracted by conspiratorial relatives (who they are) of much reported justice, and Bishop Niclas, together with the pious and obedient of the chapter, may be protected against them for necessity, since they will be subject to what further, Some of them, who recently wrote a disgraceful song about the said bishop, also about the Elector and some of his subjects of nobility and servants, and who for some time have been driving others to be unrighteous, will not remain unpunished.
In former times, some of the princes of Saxony also carried out such conspiracies; but the desolate castles and courtyards in some places still show how they succeeded. Duke Moritz of Saxony will undoubtedly not allow those who are related to H.F.H. their mischief, nor will he allow the House of Saxony to be deprived of its hereditary rights in such a way.
But the fact that there is talk of conspiracy here is due to the Elector of Saxony, among other things, for this reason: for as His Elector's Grace has done to curb one of them, he has taken over his house last winter. Gn., in order to curb one's wanton defiance, took his house last winter.
A clear concept or copy of such a covenant has been found there and sent to His Electoral Grace. Grace.
This is to be understood sufficiently from the above-mentioned poetic song of shame; furthermore, that one of them tendered the entire fiefdom to the Elector of Saxony for the sake of this matter, 1) and if this were to be considered faithful, then it would be proper, and also necessity would require, to make application and to have him thus obligated, so that he would have to be content with equality and justice.
139 One of them, who undoubtedly must be related to these things, is said to have spoken about this, because the Elector of Saxony was at this Imperial Diet in Speier: he does not want to lay his head gently, unless he is Julius Pflug, Bishop of Naumburg etc. Now it could well happen to him, if he thought to look after his unlawful sacrilege.
140 Thus, the conspirators in question are not satisfied with their own criminal mischief, but wanted to drag other pious, honor-loving and obedient nobles, some of whom were related to the Elector with allegiance, feud and other duties, as well as special services, into such mischief and disobedience, and to reprimand them, also to deem them to have acted unladylike, that they executed the order of his Elector's grace against some of the same conspirators, as they had owed according to their duties and services, in order to dampen their will of courage. As this was found and found to be the case from the disgraceful poem touched upon, as if they should have been obliged to defend themselves against it beforehand, when they had nothing to do with them on account of their person, but solely on account of and out of owed obedience to their authorities and sovereigns.
It will also be strange if the authorities or their servants and commanders should protect themselves from punishment against those who act and want to act unlawfully and unpeacefully, or if the authorities want to punish the wrongdoers. For they would achieve little; and if special custody were to be exercised by the servants in the case, the authority's order would be more hindered than promoted by them, to the benefit of the offenders. Thus it is also sufficient in all feudal actions that the leader of the feud, as the principal, keep himself safe; and it is unnecessary that the servants or assistants also take special care of this.
1) That is: canceled.
In such cases, it is much less necessary, since no announcement or custody is required on the part of the authorities themselves; for, as everyone knows, unjust dealings and the authorities' punishments or cheap coercion to keep the peace are far apart from each other.
142. If, however, it were the way that God would want the aforementioned servants of the Elector to act for themselves, and not by order of their authorities, with them or others, for which they would unwillingly give cause, then the slanderers should have no doubt, The slanderers should have no doubt that they would know how to keep themselves with honest and due custody, so that they would act more honestly and nobly in this, and also want to show themselves, rather than that they should rebel against the authorities and their own with practices or shameful and criminal poems that are forbidden in all rights.
143 And because God Himself watches over and keeps His commandments and orders, and in the fourth commandment He very earnestly decrees that the ruler shall not be spoken evil of among the people, nor shall he be blasphemed: the Electoral Saxon Councilors are in no doubt that He, as a strict God and the handler of His commandments, will grant mercy so that the same blasphemers will not escape the due punishment nor proceed for a long time.
From these stories, Your Imperial and Royal Majesties, as well as Electors, Princes and Estates will not only notice that the Elector has good and just cause. He Julius Pflugen, if he should be a bishop of Naumburg, should not be trusted in their and their country's affairs, but should also have to worry about things, of which notice is given soon in the beginning and briefly beforehand in this document, according to the law.
145 And in particular, His Electoral Grace would have little comfort or good counsel in her and her country. Grace would have to provide little comfort or good counsel in their and their country's excellent matters, if he were to be required to attend His Electoral Grace's land congresses. The court will also be pleased to hear from the court that the plow has been plowed.
And although Pflug would like to remember that if the Elector of Saxony did not trust him, nor required him to attend his Diet, nor needed his advice, he would have little interest in it, but the Elector is very much interested in knowing and having a trustworthy bishop at Naumburg, and not to be deprived of touched, well-founded justice for Pflug's sake 2).
2) Here we have deleted a superfluous "itself".
In addition, if he were to become a bishop in a touched place, he should certainly refrain from giving the Elector such an answer to his descriptions of touched actions as if he had nothing to do with his Electoral Grace and its lands, like a prince of the realm, and they were also none of his business; which would be burdensome for the Elector and also completely detrimental to the House of Saxony and not to be suffered.
The third main cause is this, why Pflug is not at all sorry, nor capable, to be bishop of a multimembered place, namely that he is publicly and knowingly repugnant to the true Christian religion and pure doctrine of the holy gospel of our Lord and Savior, by virtue of the Augsburg Confession, which pure doctrine is now, praise God! has been taught and preached in all lands of the House of Saxony, as well as in all three bishoprics that have been touched by it, and has been generally known by superiors and subjects; the holy sacraments have also been administered and distributed in accordance with the same doctrine, according to divine institution and in the right Christian spirit, and Christian ceremonies have been held, in contrast to the previous abuses. If he should also be bishop of Naumburg, then one thing would have to happen and take place irrefutably, either that he would subject himself to contest the aforementioned pure doctrine, and oppose it, also against the preachers of God's Word and all confessors of the same and of the holy pure Gospel, He would not exercise the episcopal office at all, but would go idle and take the benefits and income of the episcopate with sins and an evil conscience.
149. For the fact that he, Julius Pflug, of the Augsburg Confession and of the pure doctrine reported, is also completely opposed to the use of the reverend Sacrament according to divine institution, he will not deny this himself, and it is also easily indicated by many of his actions; Because of this, he would cause nothing but trouble, scandal, vexation, and repugnance in the churches and among the people in the monastery of Naumburg and its district, and would be a vain bishop, also harmful to the conscience and infallible, and his office would be directed only to disturbance and not to Christian edification or improvement, contrary to the admonition of the holy apostle St. Paul. Pauli: v.
150 The Elector of Saxony cannot protect him in this with God and conscience; he shall
If, however, his C. F. G. were to defend the subjects against him, as could not remain, there would be neither trust nor unity, and all kinds of troublesome disruption would occur.
151 And although he states that the House of Saxony should be obligated and bound not to protect the monastery's subjects against a bishop, which prescription the Elector of Saxony will gladly want to see, it is nevertheless known and cannot be denied that it is a different custom in use, especially since the subjects offered themselves equally and rightfully against the bishops to the sovereigns.
Which patron could also commit himself with his letters to protect the patron's relative in unjust matters, or in unjust, even ungodly undertakings? and that the custom is much different than Pflug states would be easily indicated with many past stories. But when Pflug tells the Elector of Saxony how his C. F. G. of the chapter should have urged to grant the Christian bishop, Ern Nicolausen von Amsdorf, licentiate of the Holy Scriptures, for a bishop, he expresses his displeasure with this, as with everything he claims; For the reported estates of the chapter will undoubtedly not say otherwise than that they have unanimously resolved and agreed to have a Christian and such a bishop, and also to be related to him, so that it would not be contrary to the above-mentioned pure and true doctrine of the Gospel, also accepted by them. How can plows be believed, as if the subjects of the foundation should be inclined to him, and may well suffer him for a bishop? because the nobility of the foundation, together with the cities, towns and villages, confess the pure doctrine of the holy gospel, and have accepted the same, also receive and enjoy the reverend sacrament according to the Lord's institution in a Christian manner. It cannot be believed that any of the subjects of the convent would like to have one for a bishop, to whom he would have to provide nothing but persecution and repugnance for the sake of the souls' food and salvation; no doubt no one would like to cause him trouble, which he could well have left and contract. Thus the work proved to be right when Plough, for his supposed episcopal entrance, by unfounded report, filed several mandates with your Imperial Majesty against the monastery. Majesty against the cities of Naumburg and Zeitz.
153 However, it may well be that some, and certainly only a few in the monastery, do not care much about what they think of religion.
Unfortunately, Sadducees and Epicureans can be found everywhere, who do not believe in the resurrection of the dead with all their hearts, therefore they also care about religion and do not want to dare to take a pane out of the stained glass window for it; as one (whom one has known well) mockingly spoke at the time, and yet on the same day had to die a sudden death in his sins and blasphemies. But the same inclination, so they may carry to plow, must not displace the pious and good-hearted. 1) Because plowing would only cause scandal and trouble with and among the Christian people, he should consider the chapter: Nisi cum pridem etc. and be more inclined to leave the bishopric of Naumburg, since he already has possession of it, than to strive for it, even if malitia populi were to blame, since he is not able to interpret it to the people on the basis of Holy Scripture and truth. For this reason, it needs no further explanation that ambition alone urges him to such a trade, and not Christian zeal at all, as he boasts. For he is clearly convinced of this by the rights shown above. The heartfelt, earnest admonition of St. Paul also goes to him. St. Paul's heartfelt and earnest admonition to the bishop of Mileto to "look to himself and to the whole flock, among whom the Holy Spirit has placed them as bishops, to feed the congregation of God, which he has purchased by his own blood" etc., is not much to his heart, for otherwise he would undoubtedly not presume to enter such a high office in any way.
154 And although the much-reputed He Julius Pflug furthermore sews into his replica many a discredit of the Elector and the House of Saxony due justices at the Naumburg Monastery, which he is thus never able to make true, moreover that his own native friends are aware of such otherwise: the Electoral Saxon Councils nevertheless want to refute this as notorie unobjectionable this time with common non-confession. Saxon councillors want to refute the same, as notoriously unconfident, this time with common non-confession, to answer him also in the same way to his rash, pointed, peevish, petty and disgraceful attacks of the Elector of Saxony, to Your Imperial Majesty's subservience. Majesty's submission, but nevertheless have taken the same iniquities into consideration by reason of and by order of the thought of the Elector of Saxony, and have revoked them ad animum, in the hope that he should enjoy the same pointedness the less in this, but by your Imperial Majesty so much more. Majesty so
1) "push away" put by us instead of: push forward.
much more from the fact that it is not to be tolerated nor to be suffered by the Elector of Saxony for a bishop there, even if the Christian bishop, Mr. Nicolaus von Amsdorf, would not be a bishop.
155. And even though he seems to excuse his clumsy actions with his duty to the church, as if they urged him to do so: No duty, neither to divine nor to secular rights, may mean or bind him to act and do wrong against the Church of God, or to destroy and suppress the right, true worship, to which his mind is directed, nor against the fatherland and its sovereign, and such a duty would also have to be considered more as a duty, tanquam contra mandatum Dei et bonos mores, than pro juramento. To this end, divine rights and all other rights that have been touched must be acted upon as he and everyone else in the same way would like to have done, and the princes of the country must be held in honor no less than the parents.
Now Pflug would like to become bishop of Naumburg, based on a supposed, invalid electoral right, but the Elector prevented him from doing so by force. And he does not want to seek his thievishly prominent spoliation of the House of Saxony's rights and possessions, nor does he want to do what he wants to do, because the Elector does not owe him the right to do so. 2) He should, since he is the same as the Elector, be allowed to become bishop of Naumburg. He should, since there would have been no other deficiency on his part, have decided to come to the bishopric of Naumburg with the prince's benevolent will: he has just submitted to the contradiction, and does it today with all diligence, namely that he presumes to be a bishop of a touched place, and to become one, whether it pleases the prince of the protection of the peasants and the patron or not. And, as is to be expected, he does it because he would like to promote the house of Saxony's harm and damage by laying down its traditional righteousnesses, as much as he can, with the greatest diligence. And that Pflug did not strive for any good, but only for unrest, and to the Elector of Saxony's particular annoyance and displeasure, after the Naumburg monastery, that can be clearly seen from this, among other things: for he himself must confess that he did not want his Electorate to be harmed.
2) "To strive" here will probably be as much as "to look at". The meaning of this sentence, which is difficult to understand, would then be: Plow does not want to contemplate his violence against the House of Saxony, nor does he want to act as he would like to be acted upon.
The bishop did not ask for the least bit of writing, nor did he ask to have him in his gracious command, with a possible milder relinquishment, as he might have meant to do, even if the election of a new bishop would not have taken the form mentioned above, as it did, praise God.
157 That the aforementioned Bishop Nicolaus, a righteous Christian teacher, has been appointed bishop of Maumburg, the chapter may not blame anyone but himself. Because he thinks Julius Pflug does not admit that the Elector of Saxony had graciously reminded the Chapter two or one and a half years before, because Bishop Philip was often fatally ill and said that they should not proceed to any election in case of his fatal departure without his knowledge, which they also wanted to do against his electoral envoys. The same skilful persons will know how to tell and confess this to him in private, so that their entire reports, which they made to the Elector on their return, can be presented for this reason. If the chapter had acted in this matter as it was obliged to do according to custom and the promise mentioned, it might have been possible to find a measure for things that would have been conducive to Christianity and to peace and good everywhere. This, however, did not please them, but doubtless for no other reason than for the sake of a Christian reformation; for what they have done in this place up to this time is unlawful; and since it continues, it should not remain to be reported, with God's help, for the sake of necessity.
158. He Julius Pflug also wants to say about this that he does not admit that the House of Saxony has much touched rights with and at the bishops and bishopric of Naumburg, therefore it may also not be imposed on him that he does or acts against it; However, if the truth against him is clear from previous reports, it would have been proper for him to think about it before he sought and asked for help and advice for his own benefit, so that in such a case, where one party does not confess his objection to the other, and per negationem et objectam exceptionem the matters become doubtful in jure et in facto, proper channels can be used. For this is why the court and the law have been decreed and suspended; for this reason it is not due to him, contrary to such legal order, to take action in respect of unlawful matters.
and quick search unrecognized, also unimplemented, unliquidated right to do, and to start the things executive.
159 And although it is stated above where the justification of these matters, for lack of other rights, and also invasive prejudices due to religion, should now belong: the Elector of Saxony may nevertheless suffer in subservience to this that His Imperial Majesty may order impartial and unsuspicious commissars for the legal execution and discussion of these matters. Majesty to appoint and deputize impartial and unsuspicious commissioners for the legal execution and discussion of these matters, but reserving all their need for justice to His Holiness. If Plough knows how to obtain much in the law in this respect, he shall enjoy it.
And finally, since the things are so and much different in the basis of truth, as Julius Pflug in his presumptuous lamentation and replica writing the same before royal majesty also Ew. kaiserl. Majest. Commissars, and Your Lordly Grace, also graces and favors, and the Elector of Saxony can therefore duly tolerate and suffer justice, as indicated before: so Sr. churfürstl. Gn. Councillors to Your Imperial Majesty. Majesty in the most submissive and comforting confidence and hope that they, together with the Royal Majesty, also Ew. F., also F. G., and in their favor, will not be moved by much-murmured plowing or anyone else to grant the above-mentioned unformal and unlawful request of his, first of all, without any previous legal execution and knowledge, but will graciously handle the Elector and the House of Saxony with the more-mentioned and in the whole realm announced and conscious glories, rights, preeminences and prerogatives, also with all of their place and possessions; H. C. F. G., also and the House of Saxony, with the help of the Holy Roman Emperor and the Holy Roman Emperor, with the help of the Holy Roman Emperor, with the help of the Holy Roman Emperor, with the help of the Holy Roman Emperor, with the help of the Holy Roman Emperor. F. G. and the House of Saxony in this respect no less graciously than other Electoral and Princely Houses. They will be allowed to use their bishops' and similar powers quietly. This will also undoubtedly be done by the Elector of Saxony for the sake of Your Imperial Majesty. Majesty in all submissiveness will always be willing and ready to do so.
Your Imperial and Royal Majesty of the Roman Empire, also
C. F., F. G., Gn. and Gunsten subservient and willing
Electorate of Saxony. Councillors.
1260: Emperor Carl V's mandate to the Elector of Saxony concerning Bishop Julius of Naumburg. June 10, 1544.
From Lünig's Imperial Archives, xart. sx-se. eout. II, P. 282.
Emperor Carl the Fifth's order to Elector John Frederick of Saxony,
1) That he send in his need in the ploughing matter furthermore most conducive,
2) Do not do anything new or violent,
3) Balten von Lichtenhain to deliver his property again, and
4) Joachim von Etzdorf should be left alone. Given at Speier, the tenth of June, Anno 1544.
We Carl the Fifth, by the Grace of God, Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicilies, Jerusalem, Hungary, Dalmatia, Croatia etc. King, Archduke of Austria, Duke of Burgundy etc., Count of Habsburg, Flanders and Tyrol etc., offer to the Highborn Hans Friedrichen, Duke of Saxony, Landgrave of Thuringia, Margrave of Meissen, Archmarshall of the Holy Roman Empire, our dear Oheim and Churfürsten, our grace and all good.
2. highborn dear grandfather and prince! When, at this present Diet of ours at Speier, we had the venerable Philip, bishop of Speier, our prince and beloved devotee, as our commissioner appointed for this purpose, act with your beloved, that the same shall deliver to the venerable Julius, bishop of Naumburg, our prince and beloved devotee, the possession and use of the bishopric of Naumburg, whereupon your beloved has finally and especially indicated to our Commissario in the last writings that your beloved wants to give us a further report of your intentions and conduct towards the said bishopric; and before this happens, your loved one has left here, and thus the matters and actions remain pending. For this reason, the aforementioned Bishop of Naumburg has humbly requested and asked us to graciously help him to a favorable resolution of the matter and his just justice, which we are then inclined to do.
3. and therefore command your loved ones, with avoidance of our and the empire's severe disgrace and punishment, by Roman imperial power. Power with this letter, and wish that your loved ones may punish your presumed justice, so you have done to the named
Bishopric, between the date of this letter and the next Imperial Diet, which we will hold in the Holy Empire, you will immediately send us the documents, so that we may know how to take further action and what is due to us; You also abstain from any further action and decision until further notice, do not undertake or interfere with anything in the meantime, nor do you undertake any innovation or mighty action against the said chapter, clergy, nobility and subjects, neither with the obligation to swear an oath, nor otherwise in spiritual or worldly matters, but remain completely silent, and do not allow Niclasen Amsdorf, presumed bishop, to do so. In addition, you will immediately return to Valten von Lichtenhain his property, which you took from him because he did not want to pay homage to the bishop; likewise, you will let Joachim von Etzdorf, whom you also entangled, go. And your beloved shall prove and keep herself obediently in this, and according to our and the kingdom's order, and especially according to the recent Regensburg agreement, as we then provide ourselves completely to your beloved according to fairness. And your loved ones do hereby our serious opinion. This is given in our and the kingdom's city of Speier, the tenth day of June, Anno in the fourth and fortieth, and of our kingdom in the ninth and twentieth.
1261 Emperor Carl V's serious penal mandate to the Elector John Frederick of Saxony not to hinder the bishop Julius Pflug in the foundation, and to abolish Nicolaus von Amsdorf. Given in Brussels, October 15, 1545.
In Hortleder, "Von den Ursachen hes deutschen Kriegs," lid. V, 6NP. 21, p. 1204 and in Lünigs Reichs-Archiv, purt. 8p66. eont. I., No. 606.
We, Carl the Fifth, by the Grace of God 2c, offer our grace and all the best to the Highborn John Frederick, Duke of Saxony, Landgrave in Thuringia and Margrave of Meissen, Archmarshall of the Holy Roman Empire, our dear grandfather and Elector.
Highborn, dear grandfather and prince! Now that a good while has passed between the venerable Julius, bishop of Naumburg, our prince and dear devotee, on the one hand, and your loved ones on the other, there has been a great deal of quarreling and confusion on account of the Naumburg monastery, of-
The same ecclesiastical and secular administration and management, so that our prince, the bishop of Naumburg, first complained to the princes, princes and estates of the Holy Roman Empire against your beloved. He has complained against your beloved and denounced it: Although he is legitimately elected bishop by the ordinary unanimous election of a chapter of Naumburg, to whom the free election of a bishop has always been granted by law and ancient tradition, and still is: Let your beloved be induced to do so, and challenge such election under pretense, as if the cathedral chapter had made the same without your beloved's, as the patron's, foreknowledge, and thus acted unjustly, and forbid to let him, then elected, come to the possession of the intended monastery, according to the nature and custom of the protection (in which your loved ones, according to their ancestors' prescription, should have held), it would have been much more due to handle and defend the chapter in its free election, and him, the bishop, in his justices, as we also graciously requested your loved ones by writings before, to let him, the bishop, in so far as he would consent to the election that had taken place, to let him remain unaffected, according to the contents of our letter, which your loved ones, however, did not comply with, but, unnoticed, subjected themselves even further, and took the castle of Zeitz, to deprive the chapter of the administration of the monastery [and] to have it appointed by theirs, also to report about his devotion and friendship and to ask humbly, likewise of several electors and princes (on whom, as the hereditary princes, your beloved offered themselves at that time for their or protesting estates), they did not want to admit his devotion to the presidency and administration of the monastery, but invaded another, called Nicolaus von Amsdorf, instead of a bishop: all under the pretext of the above-mentioned election, which took place without the knowledge of your beloved, and that the said our prince of Naumburg should be unpleasant to your love in the monastery of Naumburg; as then all this is understood with further execution in speeches and writings, which have reached common estates from the said bishop and your love from time to time, along with other causes mentioned.
3. the electoral councils, princes and estates of the Holy Roman Empire and the absent embassies. The matter was finally referred to us, with the attached request that we take care of such a captious and dangerous entry and provision:
so that the bishop in question may quietly come to the possession and administration of the Naumburg monastery without further hindrance, and may be left there; all contents of the letter, for which reason common imperial estates have sent us.
4 Because from these and other subsequent writings and actions, which have come from both of you to the common estates of the empire, and then subsequently before our imperial commissars, we have the opportunity to act in this matter. After due consideration of the same writings, as well as the occasion and circumstances of the entire action, we find that the said Julius, by virtue of the rights described, as well as concordats and ancient custom and common usage of the Empire of the German Nation, and confirmed by the ordinary ecclesiastical order, and also that his predecessor bishops at Naumburg were held and considered by our ancestors, Roman emperors and kings, to be princes of the empire, and also that they and the convent held the regalia and temporalities, and in particular the ban on the blood, from the holy realm; as then Sr. Andacht's closest ancestor, then Bishop Philip, was granted by us and the Holy Roman Empire with confirmation and enfeoffment. He was provided by us and the Holy Roman Empire with confirmation and enfeoffment of such regalia and blood ban as a prince; and therefore neither your love, nor the said Amsdorf, nor anyone else, has previously unsolicited us, and without our permission, approval and enfeoffment, to judge such regalia and secularity and ban over the blood, to arrogate to himself his own authority, or to intrude into the administration of the monastery, and still less, without some request for a notified grant of such regalia and secularity, to remain in it so long, and thereby to deprive us of our and the realm's sovereignty and authority, or to interfere in such a way, by no means, but rather it will be due to us to maintain such and the realm's sovereignty and authority:
(5) Thus we have graciously granted to our prince, the elected and confirmed bishops of Naumburg, the above-mentioned regalia, temporalities and banishment, upon humble petition, inasmuch as his ancestors received them from our ancestors and from the Holy Roman Empire. The bishops of Naumburg graciously granted the above-mentioned regalia for the above-mentioned reasons; they also confirmed and confirmed to S. Devotion, the same cathedral chapter and foundation, all and each of their graces, privileges, liberties and rights, with the content of our letters issued by the emperor, and for this reason they granted us the following
We hereby declare that, irrespective of your aforementioned causes, we are not obliged to tolerate and permit the handling of the cathedral chapter and the monastery of Naumburg by such our enfeoffment and confirmation, and their liberties and rights, and to deprive them of their unfulfilled rights by deed, or to allow the monastery of Naumburg to fall into apostasy or disruption for lack of half spiritual and secular proper government and administration, or to deprive us and the Holy Roman Empire of the same.
6 Accordingly, we request your beloved, from the Roman Imperial Majesty, the Holy Roman Emperor. Majesty, to avoid our and the empire's severe disgrace and punishment, as well as forfeiture of all protection and umbrella justice which your loved ones may have on the said foundation, and to pay us half in our and the empire's chamber, and the other half part to the above-mentioned bishop Julius, his cathedral chapter and foundation of Naumburg, without interruption. And want that your love of the same nobility against the aforementioned bishop Julius and his chapter and foundation of Naumburg completely desist, your love's commandment and prohibition again repeal and refrain from the aforementioned Amsdorf, also other forbidden administrators from the foundation of Naumburg, in which your beloved shall have placed them, as aforesaid, abolish them again, and remember our prince, bishop Julien, or the same commander, in virtue of the above-mentioned our enfeoffment and confirmation, of his and his monastery's regalities and justices, within fourteen days, the next after the transfer and proclamation of this mandate, to complete possession, also government in ecclesiastical and secular matters, and administration of the affected monastery, its land and people, castle and estates, also all pensions, interest, fees and income, and at the same time, the cathedral chapter and the monastery shall remain at peace with their rights, let them enjoy and use everything, and shall not hinder or hinder them in any way, especially in all of this; also to let the subjects of the monastery count themselves free again of their duty, which they may have done against them, and not to strengthen them to disobedience or disobedience against the said bishop Julius and the monastery of Naumburg, neither by themselves nor by anyone else; but to refrain completely from this and all other deeds and actions, and not to be disobedient in all of this, nor to do otherwise, or to cause anyone else to do so.
We do not command or permit you to do so in any way. For your sake, we want to do this completely in accordance with fairness and justice, and it is our complete and serious opinion.
For if your love would disobey this, we would be caused to proceed and act upon further request against your love for penance and punishment, and otherwise as is due to us as Roman Emperor. Your love will be guided by this. Given in our city of Brussels in Brabant, on the fifteenth day of the month of Octobris, Anno five and forty, of our Empire in the fifth and twentieth, and of our realms in the thirtieth.
1262: The Elector John Frederick of Saxony's letter to His Imperial Majesty. Majesty, on her Majesty's serious penalty mandate, dated Brussels, October 15, 1545, concerning Julius Pflug, sent to the Imperial Diet in Regensburg, April 16, 1546.
In Hortleder 1. c., tow. I, lib. V, oap. 23, S. 1208.
1 Most Sublime, Most Great Emperor! Your Imperial Majesty. Majesty my most subservient and willing services. Most gracious lord, I have no doubt that Your Imperial Majesty will most graciously remember. Majesty will graciously remember that shortly before your Imperial Majesty's departure from the next Imperial Diet at Worms, my councilor and servant, M. Franciscus Burkhard, had humbly informed your Imperial Majesty of the fact. Majesty that they would not let themselves be moved by Er Julium Pflug to enfeoff the secularity of Naumburg Abbey to the detriment of our justices, but to give the matters peace and order until the present Diet of Your Imperial Majesty at Regensburg. Majesty's Diet at Regensburg, and there to further hear our need in these matters. Thereupon Your Imperial Majesty has graciously discontinued the enfeoffment there at Worms.
2 However, as I had ordered some of mine to your Imperial Majesty's farewell there in Worms, they informed me that the said plow was to go to the colloquium in Regensburg. Majesty there at Worms, they have informed me that the aforementioned Pflug was appointed to the aforementioned colloquium as a co-president, and under the title of a bishop of Naumburg and prince of the empire by your Imperial Majesty. Majesty; and although it has been distressing and burdensome for them to appear thereon before Pflugen, as an appointed co-president, they have informed me that
they would not have wanted to leave for that reason. But since they have made it known to me, as they were obliged to do, it has not been unreasonably disconcerting and burdensome for me to hear again about the attitude taken by your Majesty; I have not yet given complete credence to the matter until a highly burdensome mandate and precept, in your Majesty's name, have now come to me, from which I have clearly found this, and that he has obtained an enfeoffment from your Imperial Majesty, with your Majesty's serious request. Majesty, with your Majesty's earnest request as to what I should do and decree in this regard.
3. However, since Your Majesty can graciously judge what disadvantages I and my heirs would suffer irreparably from my, a bishop of Naumburg and of the same chapter, established righteousnesses, besides the fact that I know of no loyalty nor good to provide for the plow, he would also be a persecutor of my and other Christian estates of the Augsburg Confession: I have not been able to avoid protesting against such a dangerous act of ploughing and to use my rightful necessity, in the most humble hope that Your Imperial Majesty will not reproach me for it. Majesty will not blame me for this.
4 For although Pflug has sent a supposed supplication to Your Imperial Majesty's Commissars, also to the Electorate, he has not yet received it. Majesty's Commissars, as well as the Imperial, Princes and Estates of the Empire, at the Imperial Diet held at Nuremberg in the 42nd year, against me, I have not been summoned nor cited for his alleged supplication; but since my advisors, whom I had at the said Imperial Diet, reported to me about it, and also brought a copy of it, it is not without reason that I have had a true counter-report printed against Pflug's unfounded slander.
5 And because he took the liberty of making an even more unfounded rebuttal against this, and to have it printed against me, I was not unreasonably moved to further rejection.
He is not at all of the opinion that he can do anything in legal form with it; just as he has never started a legal case against me, much less provided his proof or rebuttal, as necessity may require, in the matter in some part, but everything that has been done in writings and through printing, for the sake of the reports and rebuttals, has been done outside the law on both sides.
(6) Thus, in the same writings, I have clearly and finally asserted myself against him, and as far as the prejudice of religion is concerned, to a common, free, Christian concilium; but as far as the secular prejudices are concerned, before the impartial commissioners of Your Imperial Majesty, I have offered to be on the right side of him. I, as a Elector of the Holy Roman Empire, should enjoy it, and by His Julium Plough, with obtaining more reported mandates and precepts, thus and without all due justification, not be rushed nor condemned.
7 Therefore, my most humble request to Your Imperial Majesty is that you take note of this letter of mine to my great and unavoidable need, and not otherwise. and let the matters come to due and legal discussion, or suspend the things and matters at the least, and my advisors, who are to be delivered as soon as possible to the present Diet of Your Imperial Majesty. Majesty's Diet as soon as possible, and will therefore continue to hear them graciously. Your Imperial. Your Imperial Majesty may graciously show himself to be so, as my submissive hope is for Your Imperial Majesty. Majesty. This I do for the sake of Your Imperial Majesty. Majesty in all owed subservience. Date Henichen, 1) April 16, 1546.
Elector
to Imperial Majesty.
1) Maybe: Hainichen?.