Beginning of 1539.
Bishop Albrecht, Cardinal 2c, has been trumpeting the contract between Antoni Schenitz and His Cardinal Holiness to many people, including myself, for several years now, and has humbled himself so highly that he has also wanted to make me a negotiator. His Cardinal Holiness is so just and holy. I, however, rejected this and said that I did not want to remain a negotiator but a partisan, always intending to throw the stone that weighs on me from my heart. The same stone is called in German, Proverbs 24:11, 12: "Save those who want to be killed, and do not escape from those who want to be strangled. Do you say: We understand not; thinkest thou not that he that knoweth the heart knoweth it? and he that regardeth the soul knoweth it, and recompenseth a man according to his work?" etc. From this saying I find myself guilty of serving Hans Schenitzen against the Cardinal, if I could.
2. although I now come much too slowly, after Hans Schenitz has been strangled so long before; yet I would still come in time enough, as one says: a good council never came too late, because it cannot be otherwise now, if I could help Hans Schenitz to save his honor.
1) So the Jena and Wittenberg; "nun" is missing in the Erlangen edition.
and weaken the Cardinal's supposed fame. But he is much, much too sacred for me, even much more too cunning, because I am a poor, unfortunately! well-troubled man, in addition a silly sheep against such a wolf. For I know the little cat well, pavidum et saevum ingenium. It has an exceedingly smooth bellow and soft paws; but try it and anger it, and you shall know the scratching. I have learned that well from his hands. Nevertheless, I must try, for the sake of what I have said, to get rid of the stone from my heart, to serve my neighbor as much as I can, according to the above-mentioned saying, and to do what is mine before God and the world; I want to see if he can jump over the writing as easily as he hopes and misses.
3 I do not want to make special the goose sermon, which he has now let go out in response to Antoni Schenitz's writing under someone else's name, because it is too good, and has glossed over Christ's saying for me: Ex ore tuo te judico, serve nequam. Will not and cannot be a jurist. For how can such a mendicant theologian understand such high juristic art, let alone refute it? I want to stay badly with the holy scripture, that is, with the fools' art and poor sheep's jokes.
4. also because the pious, laudable prince, duke Albrecht in Prussia etc., my special-
*This writing was published in two separate editions in 1539 by Hans Lust in Wittenberg under the title: Wider den Bischofs zu Magdeburg Albrecht Cardinal. D. Mar. Luth." Then in the Wittenberg edition (1569), vol. XII, p. 291 d; in the Jena edition (1568), vol. VII, p. 3541"; in the Altenburg edition, vol. VII, p. 382; in the Leipziger, vol. XXI, p. 310 and in the Erlanger, vol. 32, p. 15: We have followed the Erlanger edition, which reproduces the original print, comparing the Jena and Wittenberg editions.
My gracious lord, has written that my recently sent note against the Cardinal is harsh and violent; on it not only graciously, but also sincerely desired, I wanted to drive cleanly etc., which thoughts no doubt many others, perhaps all others, have, indeed, even if I am to say so myself, not without cause: I hereby humbly ask all of the Cardinal's friendship, which is now great, high and almost the whole of Germany (I know that very well, on which he truly also relies), and also everyone kindly, not to interpret what I write or do as me wanting to disgrace the high noble tribe and lineage with it; For I know of them much, not only in friendship, but also in the bloodline, who are excellently pious, Christian, praiseworthy princes.
5, What can they do about it? What can we do about it? What can the emperor, king and all the world do about the fact that sometimes an ill-bred child and a prodigal son comes from a noble lineage? The saying remains true: Erase the rhyme of Emperor Frederick 1); and, as now said, the common word is not thought up by geese or in vain: Prodigal son, unborn child; it is the accident of one in this world that from pious parents come harlots and knaves. No human corpse is so beautiful and healthy, snot, gruel, pus and other filth comes from it; and the healthier and more beautiful, the more; as one says: Beautiful people are snotty.
6 Look at the histories. The Emperor Augustus is one of the finest men on earth, under whom Christ was born, Luke 2. How shamefully his daughters and nephew became whores! and Tiberius, heir to his empire, under whom our Lord Christ was crucified, how shameful an infidelity! afterwards Germanicus and Agrippina, parents of the Emperor Caligula, were such excellent people that I myself, although a Christian, cannot read such two pagans' lives without sorrow: nor was born of them the life of the Emperor Augustus.
1) The saying of Emperor Frederick or the so-called imperial rhyme (see No. 32 of this appendix, in the second paragraph): Es ist kein Stamm so gut, es zuweilen einer ein ungerathen Kind trägt.
Caligula, whom the Romans have experienced more than a devil in the flesh. Vespasianus and his son Titus are so famous that Titus has been called the joy of all the world; but his brother Domitianus, what a cruel devil he has been!
In the holy scripture Adam and Eve after the fall are pious, Abel also; but his brother Cain an ungodly murderer. After that Noah, Shem, Japheth are holy; Ham, the son and brother, a rogue. Abraham, Sarah and Isaac pious; Hagar and Ishmael, son and brother, so there. Isaac, Rebecca, Jacob pious; Esau, son and brother, a rogue. And who would tell it all? Just look at David, who is the highest and holiest king on earth; his son Absalom chased him away and wanted to kill him: Summa, whoever reads David's history should cry and say: Oh, Lord God, if this king, the forefather of our Lord Christ, is like this, then I will keep quiet, not worrying nor wondering if my brother, cousin, son or father is a prankster; how can I have it better than such great holy people? What happened to the fine emperor Heinrico Quarto, when the treacherous, desperate, murderous people, pope, cardinals, bishops made the son Heinricum Quintum also an Absalom, that he most shamefully deprived his father of life, limb, honor and emperorship.
8. Hear, dear princes and lords, you must not put us miserable preachers in such a hock, if we punish one of your sexes, that you want to be angry about it and pretend that we have meant and defiled the whole sex: Otherwise we would finally be urged to tell you again that you should not make your praiseworthy, honest lineage a cover of shame, and strengthen or defend vice and misconduct under it; then your praise and honor, for the sake of a prodigal son, would be disgraced, and you yourself would also become guilty. Great princes and lords are not to be disgraced; this tell them, that they disgrace not themselves with unprincipled vices. I am soon told, I cannot disgrace any man, if I speak the right truth; neither will the truth, but it will ward off disgrace.
1892 Erl. 3S, 18-20. b. Against Duke George and Cardinal Albrecht. W. XIX, 2351-2357. 1893
(9) I must speak thus, for I have been reproached, even by wise lawyers and other wise men: What is more? It is now done; princes must be allowed something before others. If they speak such things out of ignorance, let it be given to them and considered too good; if they do it knowingly, then they are the right Caiaphas and chief evil-doers, who approve of all evil for the sake of money, and then say: It is better that a man be killed etc. Yes, if God had considered poor Lazarum [Luc. 16.] also so low, he would be in hell, and rich Epulo 1) in heaven. But it is said: God made the lowly as well as the great. For princes are not set by God to afflict widows, orphans, poor, miserable people, but to protect, save, help; likewise the lawyers and councillors. Otherwise, what should the princes, councils and lawyers do, if they should let the devil do what he wants? When Abel was slain, it was done [Gen. 4:10], but the blood still cried out to heaven, and would not yield to the great prince Cain, who was then heir, prince and lord of the world.
(10) Now our nobles of Abel also do thus: When one reproaches the wicked, it shall be called a disgraceful sermon, a disgraceful book, a disgraceful writing against the praiseworthy nobility. This is indeed a very noble speech, without doing us any injustice, for we do not really reproach or disgrace the praiseworthy nobility, but consider it a precious, delicate treasure; but we must reproach the disgraceful nobility, which wants to defend itself under the feathers of the praiseworthy nobility in its iniquity. A praiseworthy noble is one who fears God, honors His word, is faithful and obedient to his prince and lord, rules his house demurely and honestly, protects and supports his poor people where he can. A shameful nobility is one that despises God's word, is hurtful and boorish, proud and hopeful, usurious, oppresses poor people, is disloyal and disobedient to princes and lords; and this shameful nobility is probably greater than the praiseworthy nobility.
(11) As wives are honest, for they are our mothers, our sisters, our spouses, and our children.
1) d. i. Schlemmer.
Wives, daughters, mothers: we are all under their hearts, and nourished by the blood of their hearts before birth, and suckled with their breasts after birth, and brought up in the cradle with great toil and care. They should be honored, not ravished, and the little hat should be taken off before them; otherwise it will be said: Whoever ravishes women, God will ravish him; or, as they say, it will not go well. But if they wanted to make their honest veil a cover of shame for shameful women, to defend whores, adulteresses, sorceresses and other more shameful women, so that they should not be punished, or should be called shameful women: who would suffer that?
(12) In sum, where would the courts and authorities remain if thieves and scoundrels were not punished, so that it would be a disgrace to all friendship? For what prankster or knave has come into the world who has not had some honest parents, forefathers or friends? And what may it be much words? They themselves execute, decapitate, punish bad boys born of good friendship, pay no attention to the fact that friendship is a disgrace; although it is no disgrace, but only to the lost child. Doctor Luther, however, should not be scolded, or friendship should be disgraced; in the end, one would like to cause the wretched Luther to adopt his old ways, let the whole world be angry, and he would not give a damn. That is enough for the preface, let us get down to business.
13. First of all, I state that I do not want to be a judge between Hans Schenitz and the Cardinal, and even if I wanted to be, I cannot be, but because I am a miserable member of the staff of the high and rightful judge, and have now sat for thirty years in his chambers not far from the door, and have sometimes also been a messenger and letter carrier, that I have quite experienced what judgments tend to be passed in the same chambers in many matters: Among other things, I have also heard this judgment about Schenitzen and the Cardinal, which I not only like, but also should and must say, by special order, and this judgment was probably passed three thousand years ago, is thus in human and German language:
Job 31:13, 14, 15.
Have I despised the right of my servant or my maidservant, if they wanted to be right with me? What would I do if God woke up, and what would I answer if He visited? Did not he who made me in my mother's womb make me, and did he also prepare me in my mother's womb?
14. Here servant and maidservant are not called wicked bonded or sworn servants, but serfs who have nothing of their own, neither body nor goods; nor does Job say here that it is God's right and will that a lord should not rightly refuse or despise such a serf's suit or cause, but should rightly surrender; If not, he could not stand or answer before God, who made the servant as well as the lord, and has equal worth, and would have to be condemned badly, as a disobedient to divine command. How much more will such divine judgment and commandments apply between masters and free servants and servants, who are now also, as the Scripture says. They are neighbors, and among Christians they are called brothers and sisters.
(15) There it is: Namely, that a lord is guilty of God's eternal wrath and disgrace, to accept and suffer the right of his servant, and thereby sets up very great causes, that in such a case lord and servant are equal, part against part, and the lord then can no longer be judge over the servant; this is God's judgment and serious opinion: that is one. But may God give the Cardinal and his clerks the wisdom to throw such a saying of Job into the Old Testament, and if they do not accept it, they shall be dear guests to me and welcome me.
16 Secondly, it is obvious that Hans Schenitz sought justice and offered himself for account, so that he might come to a free interrogation. This the Cardinal, regardless of the divine judgment, has despised and rejected, thus condemning himself to eternal death. For God has made him a part and judge nullus by a touching judgment, and commanded him to enter into law and interrogation with Hans Schenitz. He remains a judge, even makes himself a judge.
ter, God reaches into His judgment and tramples the divine judgment underfoot.
17 Afterwards, the friendship also asked for the same (the Cardinal himself confesses and must confess this), also so high and dear that they offered eighty thousand florins etc. Here, God has once again made the Cardinal a part and judge nullus, and commanded to come to justice with Hans Schenitz; but the Cardinal has once again transgressed God's judgment and commandment, made himself worthy of wrath and eternal damnation, set himself against and above God as a judge in his own cause.
18 Finally, the friendship brought the matter to the Emperor and to the Court of Appeal, and also obtained a command to the Cardinal that he should let Hans Schenitz come to interrogation and justice. Here, for the third time, after the above-mentioned decision and judgment of God, God made the Cardinal a judge nullus, and threw him down to the part, commanding him to let Hans Schenitz come to justice, together with him accepting both their authority and judge, the Emperor; but the Cardinal, as God and Emperor himself, has despised all this, sets himself up as Judge Nullus over God's and Emperor's judgment, and hangs his opponent on the gallows over it, and thus risks his soul to God's wrath and eternal damnation in the hellish fire.
(19) How such a deed should be called, is known not only to jurists, but also to all reasonable people, that no one should be his own judge, et sententia, lata a non judice, est nulla. But here is God, who says that the Cardinal is not judge over Hans Schenitz, but part and equal; again, the deed is there, that the Cardinal has strangled Hans Schenitz, and taken everything from him. If bad people do this, they are called murderers and robbers; if great lords do it, they are called tyrants and despots; but if a Cardinal of the Roman Church does it, he is called a kind, pious prince, as he praises himself among others [in the] sermon on geese; because the neighbors have done him wrong, he must praise himself in the meantime.
20 -And it is true, I must reproach the friendship even in this, that they want to force the Cardinal under God's commandment.
and bring him before the imperial court, that he should become part and judge nullus according to the judgment of God, just as if such a great holy cardinal could do wrong, that would be a great disgrace for him. Therefore, he was justifiably angry to take revenge for such disgrace, and to spite and annoy his friends, he murdered Hans Schenitz, as he himself indicated in public writing. For it was necessary for him to consider: Harre, if they want to disgrace me, then I will forestall and disgrace them, so that they will let me be disgraced another time 1). But so they should have thought: The Cardinal is a Roman church priest and of papal nature, who is above God and Emperor, cannot sin nor err; therefore they should have let such a papal lord do what he wanted, and say: It is all well done, grace-junior; should also offer themselves all to the gallows, before they wanted to try and disgrace such a holy man with the right and commandment of God; because it is more up to such holy Roman priests, neither to God, Emperor and the whole world.
21 Now, here is God's word, commandment and judgment that the Cardinal is Judge Nullus, and yet takes Hans Schenitz' body, goods and honor. You may not blame me for this, nor fight with me about it; you may settle it with the one above. I am (as I said) not a judge, but a letter carrier of the high judge; I do not condemn the Cardinal, nor do I call him a murderer, a bloodhound, a ravager, a robber and a thief, but the high judge above does. For since he is almighty and wants it so, that the Cardinal is not a judge, but equal and part: so we cannot contradict, must also for the Cardinal's sake (how high he is also above God and Emperor) neither deny nor despise such commandment and will of the Almighty, but with fear accept, confess and proclaim, in honor of his name and the Roman priest to all disgraces, so that the same high judge may call the Cardinal a judge nullum and part, so that a
1) i.e. unmolested.
Murderer, thief, robber and blasphemer scolds and judges, because he murders Hans Schenitz against and above his commandment and judgment, takes all his own, wants to be right and pious, if he is nothing but a part, has as much power or right over Hans Schenitz as I and you, then we must suffer it. For who wants to prove the highest judge wrong? Although we are sorry, and would rather see, it would be better for the Roman priest, too, if he were hanging on a gallows seven times higher than the Giebichenstein, or if he were to die eternally in the abyss of the Hollen.
22 The same high judge is not satisfied with such a verdict, but wants to have Schenitzen restituted again and presented for answer, juxta illud: Speak, quod debes. Just as the infernal (I would have said almost holy) Cardinal did not have enough that he murdered Schenitzen, but also had to take all his goods, as the governors and universities have spoken to him, when he boasts: but be it horse or goat, ox or donkey, doctor or pupil, the highest judge asks nothing, and if there were as many of them as leaves in the forest, and sand on the sea. Perhaps the Cardinal did not report correctly, juxta illud: Qui male narrat, male impetrat; or did not know that he was Judge Nullus in this case.
Oh, how ridiculous a thing the wretched letter carrier, D. Luther, is fooling here! Should a Roman priest be so afraid of God, or take such theidings for truth? Not so, but what his Roman priesthood thinks and says, that is the truth. Go ahead, laugh, my beautiful love, and laugh enough, you shall know what you are laughing at now, before it shortly passes away. Nevertheless, Hans Schenitz and his family shall console themselves and preserve their honor with the fact that the Cardinal was Judge Nullus, had neither right nor justification, but had become and spoken of as a murderer and robber according to God's judgment; he himself knows well that he was not a judge, but a partisan. He still wants to make geese of all the world, lies and blasphemes impudently, as a true cardinal, that he had it right and just, and that God should be his liar and wrong.
Yes, there is available testimony, letters and confession that Hans Schenitz stole etc. God be praised that the Cardinal nevertheless has so many appearances that there are testimonies, letters and confessions, of which I will speak soon. First of all, let all this be the truth, as it is not that Schenitz would be convinced with all this that he should be a thief; for it is not yet proven with it: the Cardinal can nevertheless become nothing more than a part, nevertheless remains judge Nullus, and should let his right overlord, the Emperor, be judge in this and let his counterpart come there for interrogation and answer, which the holy Roman priest, as if he had the Emperor with seal and letters in his pocket, joyfully passes, considering that he is a Cardinal before God and the world, 1) cannot speak nor do, the geese must well believe it.
(25) Secondly, even if he were a judge, as he is not, nor can be, by God's commandment, as has been said, he should nevertheless hear the other part also, or let it be heard; as all reason, law, country and people testify, according to the saying: Audiatur altera pars. One reads of Alexandra Magno that when a lawsuit came before him, he kept one ear firmly closed and let the plaintiff speak; when he was asked why he did so, he said: "I must also keep one ear for the other man who is to answer. I have also experienced it (so that I mix myself with mice dirt) that I have had such letters, speech, testimony in some matters before me, that I would have staked my life on it, the matter would be bad and right; but when the counterpart came, it was all wrong. So diabolical beings are in the world; how much more will such things happen to great princes who have to rule such diabolical evil people in the world: they will gladly believe me in this, yes, they will have to believe me, as they are well-informed by experience. Therefore it is said, one should believe no man, Ps. 116, 11.: Omnis homo mendax; unb: Nemo moriatur, uno contra se testimonium dicente [5 Mos. 17, 6.].
26. since .now the bishop-cardinal against
1) d. i. certified.
Schenitz says that a great prince has written how Hans Schenitz has desired a gift, or does not want to give the money etc.: that is out, 2) and stands in the answer against Antoni Schenitz, under the governor's name, which book (I would be carried away by the holy scripture or my misunderstanding) the Holy Spirit has spoken through Caiphas; if I also live, then I will cook it and give it to the Cardinal to eat, since God helps me. Now for this time I would like to ask his cardinal jurisprudence where they learned such dialectics or law, that he is a thief and worth hanging who desires a gift. But it shall be reserved for me for another time, when I become healthier and stronger, God willing.
27 Away, Hans Schenitz, you hear here that the Cardinal accuses you of having desired a gift! What do you say to that; he has your letters? You are the other man, the bishop is one man. Good God, he hangs on the gallows, and cannot speak, who hanged him? The bishop. Why? The bishop wants to speak alone, his counterpart should keep quiet, because the bishop wants to preach to the geese. What does God say to this? Nemo moriatur, uno contra se dicente testimonium [Deut. 17, 6.], that is: One should not believe anything of the Cardinal, as one man, but also hear the other man. For it may well have happened that the Cardinal called such a thing Hans Schenitz or allowed it (as some letters show), and now the other man, hanged, must keep silent, but the one man, Bishop Albrecht, has a bad reputation without that, it is out of all measure disgraceful that the Cardinal, apart from his counterpart, proclaims such a thing to be theft. There stands God's judgment and word: one should not believe a man. This is said so much: one should take the Cardinal for a Cardinal who must lie to God and deceive the world, as he is sworn to the Pope.
28. i am a goose against the Cardinal, and a miserable sheep against his lawyers: but that i know nevertheless, when Hans Schenitz des-.
2) i.e. that has been stated, that is on the day. Cf. below § 32 and § 33 at the beginning and § 52 at the end.
If the bishop had to present a letter against the Cardinal, the Cardinal would not want to be condemned by such a letter and would say: Dear, hear me first, and let me interpret the letter (which is mine) myself and answer it. As he is doing now with the blanks, 1) thereby many of the nobility come into great harm, and because the dead do not speak, the bishop does not want to know about it, and the dead man (who cannot speak) must have done so. Thus Hans Schenitz could have spoken a lot, if he had not been deprived of his speech by the Cardinal, who had hurriedly taken him away with the rope. Where is the natural right here? What you want to have done to yourself, or to be exalted, do that, and exalt your neighbor also [Matth. 7, 12]. The bishop's letter shall be valid against Hans Schenitzen, without Schenitzen's answer and interrogation, but the blanks, or if Hans Schenitz had a letter, shall not be valid without the bishop's answer and interrogation. God honor you, holy priest cardinal of Rome! You are a pious man and a kind prince.
But such sharp accusations against Schenitz help a lot to praise the Cardinal as a pious kind prince. For beyond the fact that such an accusation cannot make Schenitzen a thief (for who has ever heard or thought that one should hang him as a thief who desires a gift, if it would have been convinced and the part would have been known, as it did not happen here), it gives all people (I exclude the geese) to understand that where the Cardinal would know how to comfort himself with his main arguments, he would have been ashamed to let out such lazy grimaces in public pressure, especially in blood matters. But because the whole world are vain geese and ducks before the Cardinal, they will have to consider such goose preaching as sufficient causes that Hans Schenitz, unheard, unconquered, is justified solely on the speech of one man, the holy Roman priest. But what does God say to this? Nemo moriatur, uno contra se dicente testimonium [Deut. 17, 6].
30. but if I do not have such a great goose
1) Marginal gloss in the Wittenberg and Jena editions: Blancketen are mere paper, recorded with one's own hand and petschaft, in which one may write what one wants. I
or foolish sheep, then I might well subject myself to a great wisdom, and say according to God's and the Pope's own right: Qui semel malus, semper praesumitur malus; that is, if you are a 2) rogue once (especially in such heavy things), then nothing good is thought of you in all other things; as the philosopher Chrysippus said: Si mentiris, etiam, quod verum dicis, mentiris. For I, a poor goose, think thus: Where it is a matter of gambling for a shock of nuts, it may well be that one good fellow with foul antics will ape and tease another for ten or twenty nuts; but where it is a matter of life and limb, honor and property, nothing should be said that may not hold the sting or bring suspicion; if not, then one should keep silent of the foul grimaces. For nuts can be got again every year; life and limb do not come again.
(31) With this, I have done enough against the Cardinal's trades and writings, since it is right in the sight of God and all the world: whoever lies, especially in such high things that have been considered for so long, that have been looked at by so many people, and that have finally been overpowered with all defiance, that one should no longer believe him in any part. But we poor geese will continue to listen to the goose preacher, and ask Christ to use his old ways, to seize the wise in their wisdom, and to make fools of the worldly wise, amen, [1 Cor. 1:20].
He complains that Hans Schenitz has built a delicious house and led great splendor etc. That is out; but with this the goose preacher will still not prove that he is a judge, must nevertheless remain judge Nullus, regardless of such beautiful goose sermon. Thus also the other man, Hans Schenitz, is hanged, that he cannot speak, nor answer his opponent: therefore one should not believe anything of the Cardinal, as one part or one man, as God's judgment stands there: Nemo moriatur, uno sie. [Deut. 17, 6.] One man's speech is no speech. For Christ, who is truth itself, says, "If I honor myself, my
2) "one" is in the Wittenberg and Jena editions, but is missing in the Erlangen edition.
1902 "rl.W,L9-si. Triple beginning of some of Luther's controversial writings. W. XIX, 2367-2370. 1903
Honor nothing" [John 8:54]. Then you hear that Christ, who cannot lie, nevertheless does not want his truthful testimony to be believed, because it is his own and one man's testimony; and we should believe a false cardinal, who is decreed a liar by the pope against God, when he boasts himself, and absent of his counterpart leads one man's speech? God knew very well that Adam and Eve had eaten of the apple and transgressed His commandment; yet He did not want to believe him Himself, as One Man, but demanded the other man to answer and said: "Adam, where are you? What hast thou done?" [Gen. 3:9.]
(33) But, as I said, it is out, they themselves have put a peg through the tongues before their mouths. It is in print, they cannot withdraw the tongues, and shall make it wise and true, that he is a thief and worthy of execution, that buildeth a goodly house, and leadeth a great palaver, or shall be counted as knaves and liars in all other matters: for in matters of blood there is no fooling nor jesting. They testify against themselves that they have a lost, unjust cause, because they bring forth such foul, torn and stinking fuses to adorn themselves, on which both devils and men cheaply wipe their butts. But it is easy to find what adorns a man, as he says, and puts a louse on his sleeve: so the goose preacher is worth no better adornment than that he adorns himself with such lousy rags and stinking hags 2).
34 And why did the Cardinal not complain about this at the time when Schenitz lived and built, when Hans Schenitz could have answered, and the Cardinal knew, as he now pretends, that it was not Hans Schenitz's property? Now that he has put him to death with the rope, he is making a fuss about it, and is preaching to the geese as if Hans Schenitz had stolen everything he had. But there is God's word: Unius testimonium nullum [Deut. 17, 6], that is, Hans Schenitz shall answer, or the Cardinal shall be a liar.
1) i.e. credible, certain, proven. The word is still in use: to make someone believe something.
2) The same as rags - rags, rags.
ner. And as long as Hans Schenitz remains silent and does not answer, so long shall the bishop remain silent, not only with his shitty rags, but also with letters and other testimony, or shall cry stone and wood against him as a liar, because God forbids that one should not believe a man's speech.
35 I would also like to know, if the cause to hang a man is enough that he builds and flaunts exquisitely, when one wants to find a gallows high enough to hang the bishop on it? For who can testify to his cardinal splendor in Rome, building, fornication etc. when it is well known that it is not his fortune? And for the sake of truth, he has so estimated, overestimated, overvalued, plundered, robbed and maltreated St. Moritz and St. Stephen twenty-four times, that if the Turk had roamed through the monasteries, he could not have sucked the poor people dry more shamefully, yet he has not waged war, nor suffered some land distress, and everything has gone to vain lost, useless, harmful cardinal splendor. But he has done this out of great kindness, as he boasts that he is a kind, pious, peaceful prince, therefore he cannot be condemned, but it would be fair to allow him to show such princely kindness to all the foundations of the German land. May God now help his highly learned and other more close advisors, who are also, from their paternal inheritance, now great, rich, splendid lords, far above Hans Schenitz, so that he does not finally bring them, like Hans Schenitz, to the gallows, and then boast of his princely goodness, and let them shout that they have kept themselves delicious, glorious, splendid. But enough of that now: for I should forget the unholy book, as I had planned; nor does it come out of me: I am so pleased with such a beautiful answer from the Cardinal.
The pious, laudable prince, my special gracious lord cathedral provost of Magdeburg, prince Georg zu Anhalt etc., showed me a ring, which the cardinal gave to S. F. G., with such an addition that Hans Schenitz should have overpaid or overcharged the cardinal for the same ring by far (don't know how much), therefore he should be considered a thief.
1904 "rl. M, si-ss. d. Wider Herzog Georg und Cardinal Albrecht. W. xix, 237S-W72. 1905
as the Cardinal's lovely booklet also indicates. But I admonished the pious prince to be careful that he would not be hanged by the infernal Cardinal in the end; for the evil worm is wont to reward his faithful servants in the end, just as he had the fine man M. Georgen, who had served him so faithfully in the uprising, stabbed, and then wiped his mouth as if he had not done it. But more of that when I bring my own Asperges 1) God willing; now I must serve Hans Schenitzen.
Now, what do you say to this, Hans Schenitz, that you have so dearly offered such rings and jewels to the Cardinal, the pious lord, the kind prince, the holy man, your dear godfather, yes, father? How could you bring this upon your heart, that you have done such great violence and injustice to the kind prince? It would pity a rock and stone, I would almost weep myself, and if you had hanged and murdered him, it would not have hurt him as much as such great violence and injustice. What do you say to this? Behold, thou hangest on the gallows, and canst not speak? Who has done this? The bishop. Why? He wants to speak alone and preach to the geese: for Hans Schenitz, his opponent, would like to answer too much, so that all the world would cry out: A thousand devils, how the Roman priest is lying! But I assume that the Cardinal's speech is right, and Hans Schenitz would have counted such rings too dear, nevertheless the Cardinal is a man, a part, not a judge, that one can neither believe him in this, nor should one: for God's judgment does not like that one should believe a man's speech, however right it may be, especially in matters of blood, since one does not play with nuts. And why did the Cardinal not say this when Hans Schenitz was alive? Did he find the account after the death of Hans Schenitz, which he could not force him to do while he was alive, as his book laments? Well, as I said, the bishop is a part and a certain man; therefore he should and must be called a liar, what he said to the dead bishop.
1) Asperges from adsperZo-add. Therefore addition, Zuthat.
and absent part in back, and shall it 2) be called auctoritate divina. Let see what his gold and silver jurists and he himself can be angry about.
I must break off and hurry to the confession or letters. But herewith, so that I do not forget it, I want to have touched on the two delicious pieces, since the most holy father Cardinal writes: He was not able to bring Schenitz to account, that is one; and whether Hans Schenitz would have insisted on the account, he still did not want to let him go, that is the other. The two cardiual pieces let me well remember; if I can bring them into this writing, where it suffers my head and the time, then I will do it. Let us resort to confession, for I am weak.
(39) Now, here, says the highest judge: He [Lord] Cardinal, you are judge Nullus, and I have forbidden you that you should not torture nor strangle Hans Schenitz, because you are not judge, but as your adversary let him come to justice and interrogation: therefore give the verdict and confession from you again, and bring your adversary, Hans Schenitz, also again to interrogation, then I will let go what is right. On such a verdict of the highest judge, one reasonably demands the verdict or confession from the Cardinal, which in short may not help him, which he neither shall nor can have; for he is not a judge, has not been a judge, can never become one, but Hans Schenitz' blood is now and remains a judge over the Cardinal, as will follow etc. For who has given the Cardinal the power to attack his counterpart, Hans Schenitz, with torture and to strangle such confession with such free tyranny, against the prohibition of both God and the Emperor and all natural rights? For he would not suffer it in the same case, that one should strangle him unheard by torture a confession, if one could otherwise justifiably come to it: and is also not to suffer; therefore he should also not do it to another, of which he would be justly superior.
2) Thus the Wittenberg and Jena editions. The Erlangen, probably incorrectly, "sollt's". Meaning: the Cardinal shall be called a liar, because God's word (Job 31.) calls him so. Cf. § 25 of this writing.
3) Confession under torture.
1906 Erl. 32, 33-ss. Threefold appendix of some of Luther's controversial writings. W. xix, 2372-2375. 1907
40 On the other hand, there is another writing of Hans Schenitz from prison, in which he complains that he must confess what the Cardinal wants, and that one should not believe it; he also insisted on it and died, so firmly that he cried out against violence. Because the Cardinal, Judge Nullus, has won or strangled the confession with injustice and outrage, it is fair before God and the world that Hans Schenitz' other confession or retraction, on which he died, and not the first confession, which the Cardinal Judge Nullus strangled with tyranny, be believed.
Thirdly, even if the Cardinal could have been a judge, as he is not, he is nevertheless guilty of not carrying out such torture and strangulation with Hans Schenitz; for it is written: Thou shalt not tempt God, Mos. 6, 16]. Which again is a divine judgment, by which the Cardinal is condemned. For where I can go over a bridge, I shall not venture yearly and wade into a water, where I might drown; for the bridge is for this purpose, for a safe crossing, that I may avoid yearly wading; or, if I remain over it in the water, I have drowned myself. Qui amat periculum, peribit in illo [Sir. 3, 27.]. Since torture and strangulation in prison is a dangerous justification (as we shall say hereafter), and is not to be used without necessity; for often injustice is committed there, and the Cardinal had a fine bridge, yes, a public free road before him to justice, as the imperial court, to which he had gone, or other certain roads: so he should, according to God's commandment, go the same free road (where he would be judge) and not tempt God with the annual justification. For all men, whether judge or part, are guilty of not tempting God. Therefore, even if the Cardinal adorns such justification and confession before the world (if he were a judge), 1) he is still condemned by it before God, as he won it with God's temptation, and it is not his place to have or use it.
42. and because we have pointed to this piece of sharp
1) So the Wittenberg and Jena; Erlanger: decorate.
I must speak a little further about warning lords and judges who do not know better. One finds some people of such a soft and stupid nature that they cannot be locked up or imprisoned, die or perish in a swoon, especially where Satan strikes along, and kicks the fence (as he is wont to do) where it is lowest: as one has found people in the dungeon dead. If one finds people of such a nature, who cannot suffer a mouse or a cat around them; how much more one finds people who cannot suffer the torture, but confess wrong, so that they escape the torture, and are judged on it. For all Adam's children are not equal; of this I would know how to say, though I am not one of the eldest; but now I will tell what everyone can read in books.
St. Jerome writes that in Vercel 2) in Welsh country, not far from Milan, in his time, a woman was accused by her husband of adultery with a young journeyman, for which they were both imprisoned, stretched and stretched. The poor youth, although he knew himself innocent, wanted to avoid the torture, and confessed, and was beheaded; thus he took upon himself not only the adultery, but also, unfortunately, two murders (as much as was in him), both of his own and of this woman. But the woman punished him for it, and remained firm in her denial. But since the young man was directed to his confession, she had to go away and hold out her neck. But here the high right judge showed that the woman waited with great certainty of the sword, and the executioner struck three times, that the edge also returned, and had to let off. But another executioner came, who screamed and wanted to do it, and also struck three times, and finally wanted to cut off the throat: she still remained alive. Whoever wants to, read it for himself in epistola de muliere septies percussa, it is tearful to read.
44 St. Augustine also writes a history, a little lighter than this one, of a Roman magistrate at Antioch who threw up
2) Thus the Wittenberg and the Jena editions. In the Erlangen edition: Verzel. This refers to the city of Vercelli in Piedmont, which lies about seven German miles southwest of Milan.
1908 Eri. 3L, 35-37. d. Wider Herzog Georg und Cardinal Albrecht. W. xix, 2375-2377. 1909
a citizen to prison (do not know why). In the end, it was agreed on a sum of money, but it was impossible for the citizen that he had to go to prison forever. However, a rich citizen found himself to the same prisoner's mistress, who was beautiful, and promised to give her so much money, where she wanted to be of his will. The young lady wants to give this money to her husband beforehand, goes to the prison and shows it to him. The wretched man thought, as they say: imprisoned man, poor man, and wanting to be free, allowed his wife to commit adultery (although St. Augustine does not want to conclude, lets it hang, whether it is an adultery), she does as her husband desired. In the morning the rich man gives her a bag, full and heavy, which she carries home with joy, and when she pours it out, it is like stone and sand. She is frightened, runs crying and miserable to the magistrate, shows him everything. The magistrate is also frightened, and becomes angry with himself, says: "This is my fault, releases the man and puts him in the rich burgher's house and goods.
But what happened at Metz would make judges and lawyers stupid; it was printed, but I do not have it, and would like it not only to be kept in print, but also to be painted on the judges' chambers and town halls; for it is quite a work of God and a miracle. But if I had not actually kept it all, it could well be found out, I think, in Metz, where an executioner broke into a merchant's house by night, murdered his wife and everything, buried it in the cellar, stole everything and washed it out. When the merchant came home, miserable about his wife, servants and goods, and no one knew what to think, the rogue went to the house, and wanted to get a good laugh, 1) screaming about the merchant, he should have done it himself. At last, that I'm overflowing, he is allowed to stretch the merchant. The executioner, because he wanted to make himself clean, dragged the poor man the more horribly until he had to confess, and was judged most miserably. Here, when all the world was asleep, God, the right judge, was watching and wanted to pay for the mischief. He saw to it that the cups of the merchant
1) i.e. white firing.
And as it is God's way to blind the boys when they are to be punished, the rogue did not have to see or consider the marks on the cups of the merchant; but the Jew knows them, brings them to the council, whereupon the executioner is seized, and quickly he confesses all his wickedness. These are miserable and dreadful cases among the children of men, where the devil takes pleasure: indeed, what should the judges do here? they are miserably deceived.
How many times has it happened that people have been executed for their confession, since they have only been found guilty of wrongdoing for several years, and they have still been wronged? I say this because, as I said above, where one can have the light daily right, one should avoid such dark emergency right, or is called tempting God; this is forbidden by God's wrath and displeasure. Otherwise, it is hard and fearful enough that one receives the light, bright right, when the devil begins to block his clouds over and against it; what then is it necessary, indeed, how can it be right, to wilfully depart from such light right and grope after the dangerous right in darkness? This is God trying.
47 Again, it is true that some people are so stiff, firm, and hard, more than iron, that they would rather be tortured to death (whether they are guilty or not) before they would confess; as I have often heard; and in Mansfeld, in my first youth, it happened that a father with two sons confessed to the grandfather, but the grandfather held fast and punished them all with lies, but they were nevertheless judged with the rope on the black oaks. This will often happen again, for the devil can also harden an apostle of Judah and possess a king of Pharaoh, just as he is now hardening the Cardinals and the Pope to rage against public truth and die over it.
For the sake of such hard, desperate, wicked people, who do everything on denial that one cannot come to them with the light right, one must let such emergency right and flashing right go and happen; otherwise the light right would be too weak in many pieces, that no peace, fear,
discipline could be sufficiently preserved with it. That is why St. Augustine there also says the strange saying in German: "a" judge must often do some wrong, so that he does not kill the innocent, and complains that it is the fault of this miserable life, in which the devil is evil, the people also evil, that is, as Mau says: a neighbor owes the other a fire; and because we must live among the trotters, we must dare whether the sow eats us. We must rivet ourselves with the world, 1) and suffer evil, that cannot be otherwise, and must take one with the other for good, and suffer with each other in the devil's kingdom, as it befalls us, just as one limb must bear the other in its infirmities, wounds, stink etc.
(49) But this does not assure the judges that they will wantonly torture whom they desire; but they should do it with fear and humility, especially when they are stupid people, as I said above, because injustice can also be done to a stubborn person. The Jura speak of this quite enough; but because I do not want to be a lawyer now, their law shall serve me nothing. In this, I have to do with the spirits of the Cardinal, who rule above in the skies; there is more to it than law and lawyers. And the Cardinal cannot count Hans Schenitz (he knows that well) among the "obdurate", "desperate", bad boys, because he asked for the light law, so that he also does not show himself shy before the light, but his confession is another cause, as soon after etc. And over which Judge Nullus had no power to inflict such torture or imprisonment.
50. according to all this, it is found that the Cardinal, since he had before him an open law and imperial chamber court in light and bright day, where he was also directed as a judge nullus and part of God Himself (as said above), was guilty of avoiding the dark dangerous law or emergency law, by God's wrath, who commanded that he should not be tempted, and to avoid public law, 2) or to use it, that is to say, to give the law to the emperor.
1) i.e., to engage in both, to suffer, as 1 Tim. 1, 8. 2, 3. Cf. the same expression in § 50: "to rivet oneself to public law."
2) d. i. suffer.
ser, his overlord, not to be emperor and God himself, or over God and emperor. But the fugitive Cain shunned the light and crawled into the darkness, so that he once again fell into the fourth judgment of God and was condemned; Jn. 3:20: "He who does evil hates the light and does not come to the light, so that his works will not be punished. For whoever shuns the light path he is obliged to take, and seeks another way in the darkness, is not pious and has no good intentions; he will be taken for a desperate villain and murderer, and no sermon nor strangled confession will help here; the high judge has judged this.
According to the same judgment, the Cardinal cannot and must not be believed everywhere, not only in the trial, which even the jurists condemn, although some find almost gold and silver jurists, but also in the main matter. And even if God gives him a true word in the whole matter, it cannot be believed; for one must believe God, who knows everything secretly, more than a cardinal who makes himself outwardly righteous. The reason is: God is pious; cardinals are peelers: how they tickle themselves among themselves, but with great sorrow of many poor people. Now here speaks God himself: No good thing shuns the light; the Cardinal shuns the light: therefore the Cardinal certainly has Lost Cause. This is our Lord God's own syllogism. Pious and right jurists will gladly confess this; the Cardinal's golden and silver jurists may gorge themselves on it until they are hanged with their Lord Cardinal in the abyss of hells.
52) But I think it is true (although I cannot be believed any further, for as much as I prove; but since the Cardinal apes all the world with the sermon on geese, I will also give him and his jurisprudence a little sermon on geese, whether they might want to become geese where they are men, or meus, since they are geese), I think it is true.
3) Randglossie der Wittenberqer und der Jenaer Ausgabe: zum vierten Mal in das Urtheil GOttes gefallen.
(I say) that all that, or ever so much and the greatest, that House Schenitz has done, therefore the Cardinal has murdered him, he has done by order and will of the Cardinal. And do not doubt where he could have come to the answer, he would know to prove it from the Cardinal's secret arithmetic. Well, I am now a goat preacher; but, my dear friend, read for yourself the letters that have gone out in print, which are now more there, and give a little thought on it, in which the Cardinal comforts the Schenitzen and tells him to continue, against the landscape or committee, writes among other words also this one: I can still kick down a bridge and, where it is lacking, move the date; that is out.
53. These letters are the Cardinal's own hand and ring, which cannot be silenced with any sermon; but they cry out loudly that Hans Schenitz has refused, and against the landscape or committee has not gladly wanted to serve the Cardinal in this, so that he had to comfort and rush, not jurist nor next council, but the Prince and Cardinal himself: 1) that he, the Cardinal, could and would move the date and write false letters (in German), that is out, I say. Now guess, what other words will have fallen verbally in the chamber between Hans Schenitz and the Cardinal, because the letters scream so much and shamefully? oh, what a beautiful audience this should have been, where Hans Schenitz could have come for interrogation and answer! And that is how it stinks, since the Cardinal now writes: even if Hans Schenitz had passed with the bill, (as the Cardinal well knew and gives enough to think with such words), he still did not want to let him go, he would have to know other pieces to answer for. Well, the Cardinal says so himself, and is also out.
But what other pieces might these be that Hans Schenitz would have to answer for? after all, he was created for the sake of it, like the book.
1) In the Jenaer: nottrost; in the Wittenberger and the Erlangsr: Roth tröst.
lein says that he neither wanted nor was able to calculate, but stole 53,000 florins; and now there are supposed to be other secret pieces, so he should not get rid of them, even if he had calculated and stolen nothing. How the Cardinal hits himself in the cheeks here, and lies the hundred into the thousand. He is cunning, but it goes according to your proverb: Mendacem oportet esse memorem; he who wants to lie should not twist it so crookedly, so that he can also feather it 2). If Hans Schenitz, as the Cardinal ensures or knows, is innocent of the account, then why does the Cardinal hang him, precisely because he could not nor would not have calculated? He lets this be shouted out by many and great goose sermons, and wants to be praised as a kind, pious prince. Or is Hans Schenitz guilty of secret crimes, why is he not publicly judged, and none of the secret crimes brought forward in the complaint? as it should have been done by law, if there were no God, as the Cardinal believes.
I have not been the Cardinal's inner councilor or servant, nor have I seen either register or account, but as all the world sees his outward flaunting, building, fornication, I can easily guess some such secret pieces, as much is to be taken from outward public being. Consider this as a piece that Hans Schenitz could not answer how many thousand guilders the Cardinal has spent on his public fornication or adultery, in his whorehouse at the Moritzburg, and otherwise; because Hans Schenitz had to spend money in this, as long as he served. But because such secret pieces should not belong in the account, it was of course not possible for Hans Schenitz to answer, therefore he should not answer, the Cardinal forbade him with the rope. Otherwise, you can easily think that from the 53,000 florins, several thousand florins would have fallen off, having been used for fornication. After that, he would have been sent to Rome with the pomp and circumstance that he wanted.
2) In the original and in the editions "fiddern", the
means to provide with feathers, to decorate.
would have liked to have respected secretly, with the geese, that is, with all the world, so that he would like to trump all people on the mouth, as they would have to believe what he wanted.
If Hans Schenitz had been appointed by the Cardinal, as the letters suggest, to act in this way, "My dear, who is the real thief and chief scoundrel here? especially because the Cardinal, among other letters, put Hans Schenitzen on such high terms that he would again let his wife and child enjoy it, and also put his body and soul on the line for him. Item, freely confesses that he, the Cardinal, is in it with Schenitzen, says, we are in it with each other, must get out of it with each other. And are such promises so great beyond measure that, by God, not only a bad good fellow, but also all kings, princes, lawyers, theologians, even David and Solomon, would be deceived. For how can a bad inexperienced journeyman think that a cardinal could be such an evil worm? he should be a pope with such high virtues.
But how finely did he keep his letters and seals, as well as the blanks? he confessed that he was in it with Schenitz and wanted to get out with him. This is what he meant, the holy father: Hans Schenitz, I led you and myself into it, yes, it is all my fault alone, but I want to pull my head out of the noose and leave you stuck inside; and even if you could wiggle out of it with the court of justice for all the world, I still want to stick you in it myself, and if I should hang you myself, and thus put my body and soul for you, so that your wife and child may enjoy your faithful service. And this mind is right, proven by deed. For according to God's judgment and word, Hans Schenitz should live justly, and the Cardinal should hang; he has finely confused this, keeping his body and soul alive for Hans Schenitz, that is, Hans Schenitz too well, and thus remained alive and unhanged in Hans Schenitz's place. This means cardinally and Romanly, to put body and soul for one's friend: not that one should die for the other, but that one should live for the other and kill the other. But these are such shameful words, and so incredibly spoken,
and so exceedingly falsely meant that I cannot strike it out so briefly. Dear man, to put body and soul in such a loose money matter cannot be serious, or must there be nothing but a desperate Epicurus, that is, a mocker of God and man, not enough of that now, another time.
So now wife and child of Hans Schenitzen, such kind pious prince and such seals and letters, full of so many and high consolation, have enjoyed well. For over the fact that he took everything from the poor wife and children, according to the judgement of the lawyers and magistrates, he also showed her great princely kindness, so that she or a few friends or citizens of Halle did not have to know how things stood with Hans Schenitz until he was murdered on the gallows several hours ago, and nevertheless held her up with gracious words, as if everything was done out of grace and Hans Schenitz was doing well.aden and Hans Schenitz too well: so that, if they suddenly learn of such a murder afterwards, they would have to be all the more miserably frightened and have greater heartache. Thus, a Cardinal should cool his temper, and teach friendship to leave him satisfied with God's command and imperial right another time.
59. It is human, and is used everywhere, that one lets the wrongdoers, if one wants to judge, comfort, their friends go to them, talk to them, and then, if one executes them, a whole city (whoever wants to) publicly go along, and be and remain at their end, which the Cardinal would undoubtedly also have done (as happened to others in Halle until now and still happens), if he had not been Judge Nnllus and Part, had placed his cause on Cardinal sanctity and his goose preaching, to defend such assassination. But as he began, and always fled the light, so he does here; he leads Hans Schenitzen out of the court at Halle into a foreign court, which he had neither power nor right. And although the Giebichenstein is his court, he has not been a judge there in this matter, as said above. Yes, if the whole world were the bishop's own courts, nevertheless he would not have been a judge in this case of Hans Schenitzen, Job 31, 13, ut supra. And so that one can see how the kind, pious prince has his body
1916 Erl. ss, 43-46. d. Wider Herzog Georg und Cardinal Albrecht. W. xix. WW-E. 1917
and soul for Hans Schenitzen, lets his wife and child enjoy all faithful services; so he does not grant the poor man so much good at his last end and such a shameful death, which he himself prepares, that he would have let the city of Halle know such, so that it could have led him to the gallows for his consolation. They might have had compassion and prayed for him in his last hour. Which is usually done to all evildoers, no matter how evil they are, even if the judges or princes do not commit themselves to anything with seal and letter, that they want to put body and soul for them, let wife and child enjoy faithful service, as the bishop has done. It would still have been a comfort to the poor man that the city of Halle would have gone with him to the gallows and prayed with him.
Yes, Halle, he did not want the friendship of Schenitz to be known or to be present, so that Hans Schenitz would have to die in the most miserable and wretched way, whether he knew that friendship, especially mother, wife and child, was a heartfelt desire. Other princes and lords, who are not so kind and pious princes, even the Turk and the dodderer 1) themselves, would not only gladly allow such a poor abandoned human friend, but would also let them demand that they talk to their friend before the last hour and go to the grave with him, if they lived far away and they, the dodgers, did not commit themselves to put body and soul for the wrongdoer. Here, however, Halle is close and hard by Giebichenstein; still the kind pious prince assassinates and darkens 2) so quickly and so nimbly apart from the hour, city, persons, manner of the courts, that neither wife, mother, friend, nor some citizen must know that Hans Schenitz hangs on the gallows until he is cold. From this now notice whether he does not lead his fame with honor: amator hominum; because the devil also leads him in such a way that he laughs when he can inflict heartache and misery on poor people.
61 And if the Cardinal is a judge, in addition the Schenitz also honestly accused of theft
1) Erlanger: Tarter; Wittenberger and Jenaer: Tatter, i.e. Tartar; in the Wittenberger feblt "and".
2) Wittenberg and Jena: tunckelt's.
If he could not have convinced him otherwise, he would have to undertake such a monstrous, gloating way to show his bitter cardinal pain, and thus to cool it devilishly; so that he would tear and tear the heart of the mother and wife with such cardinal, hellish bitterness in the most miserable way over what he hanged Schenitz, of which they would have had enough to mourn? Goodness could easily think as a Roman priest and bright Cardinal, it would be much more sorrowful for the mother and wife, and cause an eternal pain in their heart, where he so maliciously cooled his Cardinal little mouth on son and husband, neither if he had given Hans Schenitz badly, publicly, meanly legally, according to what happens to one with right and legally, is to be forgiven with time. But such diabolical arrows are not easy to get over nor are they full of anyone.
(62) How much more shameful is such malicious, bitter, effeminate courage to one who is not a judge, indeed, who is a spiritual father, bishop, and priest of the Roman Church, that is, teacher and master of all the churches (as they want to be praised), who should show justice, but much more mercy and kindness before all others! without showing that his cause is fundamentally wrong and unjust. For judges in right matters are not malicious nor cardinal, but compassionate and merciful; as St. Gregory says: Vera Justitia compassionem, falsa indignationem habet.
But if he had not been able to suffer the legal way (as I dreamed awake), he should have done the gracious way, as he had been guilty to do, from his own letters, and thus have thought: Hans Schenitz has served me faithfully for so many years, helping to conceal my fornication, to quiet my evil and malice before the people, and in sum, he has been my highest helper in debt and disgrace, more than God Himself: again I have put him off with words, seals and letters, which are not blankets, but my own hand and ring, that I might
3) Thus the Wittenbergers and the Jenaers, i.e. poisoned. Erlanger: in love.
1918 "ri. ss, 4"-"s. Triple appendix of some of Luther's controversial writings. W. xix, 2387-2390. 1919
I have promised him and written to him that I can trample bridges, move dates, write false letters, lie and deceive as I wish, on which he has relied.
64. Therefore I will show him mercy, even if he is a thief (which people do not want to believe, as I believe), and take the 53,000 florins of friendship, which have offered 80,000, and release him: so that I do not forget my hand and ring, since I have attributed to him that I want to put again body and soul for him; Otherwise all the world would think and say that the Cardinal is a villain and a liar, if they would see my letters, and should probably say that I have a wicked main thing against Schenitzen, because I have so richly repaid the theft (if it were a thief), the grace not shown with body and soul, honor and good for him to put, promised, sealed and sealed, which I would be guilty before God and the world to have, or would have to suffer all the worst that could be spoken of me.
Such a kind prince and amator hominum would have considered this. But because he knows and experienced in many stories, how bad geese against him are all men, and thought, like a Roman priest: Non est Deus, Psalm 14, 1.It was not possible for him to think as he could have thought if he had wanted to remember God, who makes fools of the wise (which is his daily office) and seizes the prudent in their prudence, 1 Cor. 3, 19. It is said, as said above, whom God wants to punish, he closes his eyes, Is. 6, 9: "Go, blind them" etc. And as my pastor Doctor Pommer says: "The blind do not see in the middle; they want it that way. But so that I do not frighten the holy father and kind prince too much, which (praise God!) has no need, I do not want to make Hans Schenitz so pure that he should not have deserved such death before God (who knows God's judgment?); I should and will hope that God has caused him by such Cardinal Romanism and called him to repentance for all his sin, which he committed at the Cardinal's service, since he has not been able to see.
with nothing on his soul, but everything on the Cardinal's conscience, where else a Cardinal or Roman priest could have a conscience, which is absolutely unbelievable and impossible with Doctor Luther. But that he should have deserved it against his master, the Cardinal, then I would take the holy scripture, perhaps also the Cardinal's hand and ring to help and say: But because I cannot be a judge, I will have thus indicated what I think of it. What more can I do?
66. I have not invented it, but let say from credible pious people that the kind pious prince, when he ordered Hans Schenitz to the gallows, did not want to be in Halle that day (perhaps that his princely kindness, because the Giebichenstein Halle so close, did not want to wait for a shouting or a supplication from the mother, wife or friendship), so that his heart's joy and crocodilian vengeance would not be troubled and disturbed, he said in the place where he was, on the day when Hans Schenitz was hanged by his princely kindness: Not all who are in Halle will laugh today. Such (how easy to remember) his princely kindness before great pity and as an amator hominum in his kind heart could not have kept. Oh dear master, Hans Balbierer, hand me a whetstone, so that the kind prince may wipe his eyes; behold, how the tears flow from his eyes, from great compassion and kind goodness.
I did not invent such things (so that his princely goodness would not also be gracious to me), but I wanted to show him more, which I did not invent, but which is said of his goodness and amore hominum. For I know well that I have not invented such words in German: The Cardinal of Mainz takes much cloth for his skirt, but he takes as much as he wants, so a rogue sticks out below and above. Nor did I invent that he has his whores carried in coffins, as a sanctuary, with candles and flags into his whorehouse Moritzburg, if he could manage it otherwise, where he would not have air to mock God and to tease the world. The game
1920 Erl. ss, 48-so. b. Wider Herzog Georg und Cardinal Albrecht. W. xix, 2390-2392. 1921
I also heard twenty years ago, the country full, at Litzka in the monastery, several years before Schenitzen's arrival. Such pieces, which I did not invent, he shall probably hear more, if I will also praise his monastery in Halle, which he praises so highly, together with his cardinal holiness.
The holy Roman priest also adorns himself with such a goose sermon that he could not bring Hans Schenitz to account, thinking: I have hanged Hans Schenitz, he can answer nothing to this; so all the world is vain geese, must well believe me, because they will consider me a true man and a kind prince, and help condemn Hans Schenitz, how can I lack it? although I am judge Nullus, in addition part and a certain man. Well then, what can we poor geese do against such a beautiful sermon? God Himself may judge here and say: Listen, Squire Cardinal, have you forgotten that you have moved into the court of chamber under your ordinary authority? There you should, according to our commandment, let yourselves be interrogated as one part, then you would certainly be brought to account. But do you think, Cardinal, that I want to lie as you do? You know that Hans Schenitz and his friendship also offered themselves with a pledge of 80,000 flor: You are the companion who could not be brought to account, now you lie so shamefully about Hans Schenitz after his death that you could not have brought him to account, you blame him, when it is your fault entirely.
We poor geese may well wonder among ourselves how the kind prince, amator hominum, was so strong and clever that he was able to murder and kill Hans Schenitz; at the same time so weak and silly that he was not able to bring him to justice. Dear Goose, can you believe it? Dear goose, 1) can you believe it? We are geese, so he is our preacher; we must believe it, even if it were a public lie.
(70) Yes, the kind prince has not been able to make the friendship give up the registers, books and letters, and to make the friendship give up the books, books and letters.
1) d. i. Gänserich.
sent to Hans Schenitz in the dungeon, where he would have to account to the Cardinal, and say to this: they do not want to give the sword out of their hands; see there: Now we geese notice that the holy Roman priest would have liked to have had the account, but not in the light, publicly, or in the chamber court, but in the dark and dungeon of a captured man, that he got the registers all to hand, so that he the sword, so that he could have sharpened the sword to ashes on the coals of fire, and then let Master Hansen draw the registers over Hans Schenitzen, until he had to confess that the registers and account had all fallen from him, and had fallen to the Cardinal; as he has done without that. How masterfully does the Roman priest play and arrange everything so that he may secretly be judge and part and mouse in the dark! But what does God say about this? John 3:20: "He who does evil shuns the light. The Cardinal shall not sharpen this judgment on the fire as he would have sharpened the sword of friendship.
But I would like to hear who the legates should have been, who received such letters and registers (the frightening sword) from the friendship, and should have brought them (to) Hans Schenitz in the dungeon, since the Cardinal might have found it, and only as Unus vir deal with the poor prisoner, of his liking? Methinks that the two would have been deliciously good for it, Ludwig Rabe and Antonius Schenitz. Dear children, how well those two should have armed themselves for the gallows next to Hans Schenitz, that would have been three persons in one being to hold the Roman priest, as a certain cheerful article of Cardinal faith; for in his booklet he chides Antonius Schenitz a thief and a rogue, as if he would much rather hang him, since he knows well that he is lying; but the Cardinal has robbed Antonius Schenitz of his own, and holds it against him by force. What could he have done if he had caught him and imprisoned him in the dungeon next to Hans Schenitz? He could have finely trampled the bridge, moved the date, written false letters (as he did with such letters).
Art boasts), lie and deceive, and let no roguishness be too little for him, which we geese could never understand. In addition, if he had been able to stand by the calculation, he would still not have had to get rid of it; but where he could not account for other secret pieces, he would still, as he could not have calculated, have had to hang like Hans Schenitz, silent about the same secret pieces that he should have accounted for by the calculation. For after the Cardinal has invented such a new right that he may force an imprisoned man that he must answer to secret pieces, regardless that he can honestly calculate, or must hang: Dear goose, guess here, which prince's servant will escape the gallows if he were St. Peter?
I consider as a goose that a lot of devils have gone into the priests; how can reason, let alone such a cunning head, talk like that with itself? Or if the devil has an interpretation here, it should not be believed, but interpreted against him; why does he not speak otherwise? He wants Hans Schenitz dead, he could calculate or not, that is the speech: so Antonius Schenitz would also have to hang (according to this new right), he would have calculated or not. Then his cardinal devil could have preached a goose sermon, since one could not so well say: You are lying, as one can do now, because Antonius Schenitz is alive, let him now also unhanged. For he must fear the sword, and where he should act in the light, such an answer would please that H. F. Goodness might have to pay Antonius Schenitz, and not only leave him unhanged.
The same new right would have had to go to Ludwig Raben, where he would have caught him in Leipzig, as would have happened "where God did not help miraculously". But since he failed to do so, he left him uncaptured and remained silent. What is to be taken from this? If he had good things, he would know how to find the part rightly. If he has bad things, why does he reach for the innocent? But the Roman priest is the cardinal of the king of rats in Rome, he must, like a rat, mew in the darkness, he does not want to see the light; then he adorns himself with goose sermons, he is a kind and loving priest.
Prince, amator hominum. Yes, clipping is part of the trade.
But someone might think that I made the matter too evil, to the Cardinal's chagrin, as an enemy, because his kindness is justified in the Court of Appeals, or before his own judges, as the booklet teaches us. In the name of God, I want to be pious; and is it not enough to also become a goose, which could not believe otherwise (even if it would like to) that the Cardinal is very serious. But above the goose house stands the sky, in it sits one, who makes the things very bad, and says: What is this? When Hans Schenitz was still alive and could have answered, the Cardinal did not want to go to the chamber court, where he had been summoned and commanded by myself, and fled the light. But now Hans Schenitz is dead and cannot answer, he wants to go to the court of appeal, and there, as a goose preacher, turn all the world into geese, after he has done his will in the dark. Not so, but he has snatched Hans Schenitz out of the chamber court and pushed him into my court, there the Cardinal himself shall and must also remain hanging: from the imperial court he has fled; from the imperial court he must remain. I do not admit him to any court anymore. He has made himself a judge, since he was a single man, and has forbidden the other man to answer with the rope. Therefore, it is due to me that I also hear the other man, whom the emperor cannot hold accountable, and say that the cardinal was not a judge and deserved my wrath.
75 Go on now, you silver and golden lawyers, help your lord, the kind prince and amator hominum, only meet it well, you do not have geese or Luther against you, but the one who judges right, and does nothing to annoy anyone (as I would like to do to Luther). But another time more, I will come to the pleasure of this writing.
76 Therefore it is heard that the bishop, by divine prohibition, Job 31, should not nor can be a judge, so that all his cause is condemned as a pure nullity, Jure et judicio divino. On the other hand, even if he were a judge, he could not have resorted to torture because of God's prohibition.
Not only did he offer the public right, but he was also called to it by his ordinary authority, which he was obliged to follow from God's word, and he therefore resorted to the dangerous dark right without necessity, so that God was tempted and condemned himself, and thereby (how justly) strangled out a false confession. For he who tempts God shall surely fall short and die. Third, against God's judgment, he fled from the light he had been guilty of accepting and turned to darkness, so that, according to God's judgment, he confessed that he had an unjust, evil thing, and his adversary a right thing, because the latter desired and asked for the light. Fourth, that he as one man, apart from the other man, speaks what he wants, against God's command and judgment: Nemo moriatur, uno contra se dicente testimonium [Deut. 17, 6]. Thus, by God's fourfold judgment, he is condemned everywhere and Hans Schenitz is redeemed and absolved.
Let him have a hundred thousand lawyers who are right lawyers (who will not do it), or silver and gold lawyers who shout and spit with him, so God tells us to ask for the other man. Hans Schenitz, what do you say to that? God also wants to have heard the same other man. Nemo, paragrapho solita; the Cardinal shall present the same again for the answer: if not, then the Cardinal shall shut up and keep quiet. And even if he has something true, one should not believe him, but may freely and cheerfully say: You are lying; for God is judge here, who is called such and wants to have: Unum testimonium nullum [5 Mos. 19, 15.]. Whether the Cardinal, like the rats all together, believe nothing of God, yet we poor geese know that God is a little wiser, more just and more pious than such a Roman priest in all his cleverness.
78. again, according to the same judgment of God, we geese and ducks, especially I poor letter carrier of the high judge, say thus: because the Cardinal is not a judge, but a part, in addition a single man, whose speech is not valid, nor can prove, therefore he should also keep silent, or be called a liar; but Hans Schenitz may well (alas! all too well) prove
that he is hanged and murdered by the bishop: then he shall speak and cry out against the bishop, his murderer, and all the world shall believe him. For the right of blood to cry out against murderers, which God gave to the first saint, Abel [Gen. 4:10], is also given to Hans Schenitz and all others who are strangled unheard.
The Cardinal, in my opinion, did not consider it simple, that he wanted to give Hans Schenitz the language, so that he alone could speak, the hope: all the world are geese; but he could not consider that God could turn such high cleverness and cunning, and create that the living Cardinal should have his mouth shut, and the dead Hans Schenitz should open his mouth first. For what anyone can say to please Hans Schenitz, he should do, because Hans Schenitz has proven his case, namely that he is hanging on the gallows, which the Cardinal (even if he wants to deny everything) cannot deny; but the Cardinal, as part, on the other hand, cannot prove his speech: therefore, from such divine judgment, everything should be said about him that serves to discredit him.
When Hans Schenitz confesses and asks for mercy, on which the Cardinal insists; one may thus interpret that Hans Schenitz has relied on the high consolation, since the Cardinal confesses that Hans Schenitz is in debt with him, and the Cardinal in turn with him, that the Cardinal cannot be so almost unaware of the account; how else should he know that he is in it with Schenitz, and must get out with him? Item, that the Cardinal promises to burn bridges, to move dates (I would have understood almost false letters here), finally also promises to put body and soul for him, to let his wife and child enjoy such emergency help, and never ever forget etc.Hans Schenitz had to think: What harm is it that I confess to my lord, and for his sake take a defeat upon myself, against the countryside, because he will not want to take away my body and my goods, as he has sealed himself and promised to put his body and soul for me, and has also said to step down on bridges and to date.
1926 Erl. 3s, 84-56. triple appendix of some of Luther's controversial writings. W. xix. 2397, 2398. 1927
to trust in false letters, in his lies and deceit.
But when he noticed that the Cardinal wanted to pull his head out of the noose, and not have it out with him (as he had sealed himself and taken an oath), but have it stuck, and use such a confession in a different way, namely over his neck, he was terribly sorry, and therefore wrote out a counter-confession, as said above: but unfortunately, he learned too slowly. He who serves the world and the devil will thus be rewarded in the end. So, I say, one may interpret Hans Schenitz everything for the best. Again, one should not let your Cardinal be anything right or good, if he had something right and good. Why did he become a judge, since he was judge Nullus? Why does he talk alone, and bark at his counterpart, with the Strange, to ant-. Words? Why does he shine the light? Why does he tempt God with unseemly dangerous torture? Why does he drive so maliciously lind Roman with the poor man, mother, wife and friendship in the court? And summa, there is no commandment of God among all ten that he has not transgressed manifold, except that he has not made the woman a harlot (I am talking about the deed).
All this, I say, is the judgment of the high judge, who barked to all of us that one should not believe a man's speech. If one is not to believe, then one may interpret the contradiction with a good conscience until he proves his single speech and makes it true; that is, until he presents Schenitz for an answer. What should one trust in such a Cardinal, who does not respect God's commandments at all, and acts as if he were God himself, and everything he lusts for should be right? It says: Timete Dominum; erudimini, judices terrae [Ps. 2, 1. 10. 11.] and learns the Catechismum. They want to be cardinals and rule the whole church; but they not only despise the Scriptures and God's Word, but also want to destroy it; therefore it serves them right that they run against God's Word and strike themselves on the head. Ah, what shall I say of damned cardinals? They know themselves that no cardinal can be pleasing to God and man (as the pope also is); it is the people who despair of God, who do not think toward heaven,
but wants to blaspheme God here on earth, to dampen kings and all authorities, as Daniel 9 says.
This is what I want to have written this time for the sake of abundance: first, so that I may do my part before God, Proverbs 24:11: "Save those who" etc. Secondly, whether I could stir the Cardinal's conscience herewith to repentance; for I am not so angry with any man that I would grant him an hour under God's wrath, let alone eternal damnation; for I have experienced and seen what God's wrath is, that the devil often moves me to have mercy on him as well. If God now wanted the Cardinal to recognize himself and not to spurn God's mercy at last, then I would have accomplished a great happy work with this hard, sharp little book of scandal; if not, then I must command God, and be satisfied that I have served House Schenitz according to the Christian duty of love, and have honored his disgrace, which the Cardinal has conceived upon him and his friendship, with my testimony as much as possible. For, praise be to God, I know this much, that after my death my testimony will be more valid than the Cardinal's (will not boast further), who already stinks horribly enough even among his own. Therefore, such disgrace is easier to bear for the Cardinal than for a great lord, neither for poor Schenitz, since the Cardinal does not have much good (though great enough) cries.
He may bring a kinckernel 1) to the emperor, so that all the geese keep quiet and do not disgrace his holiness, as he did against the Blankets. But the high judge is also the emperor's master and does not ask for a kinckernel. However, I would like to give him a faithful, good advice, where it would not be too low for his majesty, namely, Matth. 5, 24: "Go, and be reconciled with your brother" etc. So if the Cardinal went to the mother and wife of Schenitzen, humbled himself and asked for God's sake, they would forgive him such tyranny, he would make them happy with their damage, sorrow and heartache. Such is a good
1) The "Kinckernel" will probably be as much as a mandate or decree.
1928 Erl. SS, SS-S8. d. Wider Herzog Georg und Cardinal Albrecht. W. xix.Fzg8-24<w. 1929
The advice that Christ himself gives, and to make it easier for the Cardinal with his soul's salvation, because he must do it eternally in hell, damned and cursed. For Christ's word must remain; Cardinal and all of us must perish. If he does not want to do it, I am hereby excused, he will know it. But he is a Cardinal who must laugh at all this, if he wants to wear his little red hat with honor.
(85) Likewise, I hereby exhort and, if they do not accept it, adjure by God all his lawyers and counselors to keep him faithful and diligent to this end, for they are there to advise their lord on what is best, in return for which they receive their pay, honor and authority. For a ruler or lord, overtaken by Satan, can stumble; therefore God assigns helpers to him, who straighten him up again or hold him where he wants to stumble; as Aaron and Hur had to hold Mosi's arm [2 Mos. 17, 12]. If they do not do this, they may see to it that they do not pay the cardinal and share in Schenitzen's blood. But if he will not hear nor do it, they may let him have his thalers and florins for a good year.
This is what I have to say here, because there are many lawyers now who do not want to be used against great lords, but want to collect thalers without a ride and reject things (where poor people need them) so that they do not anger anyone. Such I call silver and gold lawyers, who serve the law, not for the sake of the law, but according to the persons for the sake of the thalers. Awe, the thalers may come in smoothly, but must go out again roughly; it would have been much better not to have a lawyer, because on that day a Lazarus should complain: This rich lawyer did not want to help me against great lords; but rather had gift and thalers, than the right.
It is now a whole new world; the officials and the nobility do not want to be chasers, it is too close to the nobility; lawyers do not want to be chasers, it is dangerous with great lords; theologians do not want to be chasers, it exasperates the people. Rather, put them together, such a praiseworthy hierarchy, like a lovely fine
Regiment shall be found there, where no punishment, fear, resistance, nor some seriousness is needed, but let everything govern itself and everyone do what he wants. Nevertheless, we want to have our wages, pay, money, thalers, guilders, honor, pleasure and everything; others shall do the work and carry the load. The bees shall work and make honey, that we bumblebees may eat the same without labor and driving. Well, if it stands for a long time, perhaps it will also go for a long time; methinks, as a goose, the overthreshold wants to lower itself. 1)
(88) I also hope that no one will challenge me in this writing, for I am not the judge in this matter (as I said above), but have only presented the judgment and commandment of the high judge; therefore no one can fight with me over it. But whoever wants to fence, let him leave me alone and fight it out with him who sits above. But if they do not want to remit me, but urge me to defend the word and judgment of my Lord, the high judge, and want to teach me to understand the holy scripture better, then I sit here in Wittemberg, if they do not know it, and ask my most gracious lord, the Elector of Saxony, for no other protection nor mercy, but for the common protection. This is what I mean, that S. C. F. G. will not let me be raised unheard (like Hans Schenitzen) by the Cardinal and become a goose sermon; otherwise I hope that my lord, the high judge, will not fear the Cardinal to death.
Finally, I ask all pious hearts to count me among the lesser Christians, who I would like to see well everywhere, as I hope that my so many books among pious Christians give me tremendous testimony, and do not condemn me so horribly in this that I attack the Cardinal so harshly. He does it too roughly, that he not only sins (for I am unfortunately such a one), but wants to defend his sin under the name of God (I am not such a one, praise God!), that is too much. We have all the same (complained to God!). Sin enough on us, it is not necessary that we
1) Randglosse der Wittenberger und der Jenaer: Muß brechen.
1930 Erl. 32, 58 f. 56, 33 f. Threefold appendix of some of Luther's controversial writings. W. XIX, 2400-2402. 1931
In addition to this, we want to punish him with lies, to provoke him to bitterness and to make him a sound cover, who wants to forgive us such sin and graciously carries it, so that we let him be righteous and right, so that he could also make us righteous. But now we want him to be wrong and to be right, and we want him to be right.
fel will now make us righteous, if he is to be held unjust by us? That is blasphemy and sin in the Holy Spirit, in which the Pope and Cardinal are stuck. God help, dear Lord and Savior, that we remain pious sinners and do not become holy blasphemers. Amen.