(Regest.)
Short thanks for a cartload of Rhine wine.
Mitgetheilt von M. Lenz, Briefwechsel, p. 362. Above regest bei Kolde, Analecta, p. 348.
No. 2665.
To the Elector Johann Friedrich.
Luther asks the Elector to ask Duke Heinrich of Saxony to help Basil Axt's wife, a former nun, to receive her inheritance, which was withheld from her by her brother, Ernst von Schönfeld, with reference to papal law.
From the original in the Weimar Archives, N, pag. 108. 41. in De Wette, vol. V, p. 289 and in the Erlangen edition, vol. 55, p. 285.
To the most illustrious, high-born prince and lord, Lord John Frederick, Duke of Saxony, Archmarshall and Elector of the Roman Empire, Landgrave of Thuringia, Margrave of Meissen and Burgrave of Magdeburg, my most gracious lord.
G. u. F. in Christo and my poor pr. nr. Most Serene, Highborn Prince, Most Gracious Lord! It has written to E. C. F. G. the Duke from Prussia (which letters I recently sent to E. C. F. G.) for the good Mrs. Basilien Axt 1) etc., how Ernst full of Schönfeld, her brother, is wilfully withholding from her her daughterly or womanly fee, that E. C. F. G. would graciously prescribe it to Duke Heinrich, so that Ernst von Schönfeld would not have to withhold from the seduced soul or nun her hereditary fee with the Pope's right (as I see that the papist jurists master him). Now I do not know what E. C. F. G. can do about this, because the regiment at Dresen stands thus (as if God wants to fall); but if E. C. F. G. would know any advice, it would not be necessary. would know any advice, my humble request is to help whether Duke Heinrich would be able to not again concede to the pope and to count innocent seduced women as nuns, since such would be a great disgrace to the accepted Gospel and an annoying strengthening of the cursed monastery. What E. C. F. G. can do in this regard, will probably know how to graciously show itself. It is one of the erstell nuns and an honest matron that I think Ernst von Schönfeld is not worthy to be such a sister's brother before God, and also cannot be ashamed of her before the world with reason etc. Hiemit GOtt befohlen, Amen. Fer. 4. post trinitatis [May 26] 1540.
E. C. F. G. subservient
Martinas LutheR.
No. 2666.
To Johann and Georg, Princes of Anhalt.
Luther resisted the appointment of Petzensteiner to the pastorate in Dessau and wanted to be helpful in obtaining a suitable man.
1) Ave, née von Schönfeld.
Letters from the year 1540. No. 2666. 2667.
Printed in Lindner's "Mittheilungen", vol. II, p. 62, with the wrong date "June 25"; also in the Erlangen edition, vol. 56, p. 224. With correct time determination in De Wette-Seidemann, vol. VI, p. 261 f.
To the noble, highborn princes and lords, Mr. Johanns and Mr. Georgen, provost of Magdeburg, brothers, princes of Anhalt, counts of Ascanien and lords of Bernburg, my gracious lords.
G. and F. Serene, highborn princes and lords! I do not know E. F. G. not to advise that M. Johannes Zachariä Patzensteiner (?) should come in M. Hausmann's place at E. F. G. He is not a man for E. F. G. But if one would otherwise be found, I would like to be conducive to it. They are especially strange, who are not köppisch, or meidsam and leidsam etc. For I am willing to serve E. F. G.. Hiemit GOtt befohlen, Amen. Friday after Trinity [May 28] 1540.
E. F. G.
Martinus Luther.
No. 2667.
(Wittenberg.) Late May or early June 1540.
To a council of the Landgrave of Hesse.
Luther insists on non-disclosure of the confessional secret.
The original draft by Luther's own hand is in the secret archives at Weimar, Reg. P. 163, No. 19, p. 116. Printed by De Wette-Seidemann, Vol. VI, p. 262.
G. u. F. My dear Lord and friend! That I am not writing to M. G. H., the Landgrave, but to you at your request, has its reasons. For I am well plagued with this matter from high and lowly estates, that I must remain on my "No".1) For what is a secret yes cannot become a public yes, otherwise secret and public would be one and the same, without distinction, which neither should nor can be. Therefore the secret yes must remain a public "no", and again. All for the reason: Unius testimonium
1) Here follow the words crossed out by Luther: "und nichts mit dem Landgrafen zu thun haben".
(that is, "secretly") NuIIum, Duorum autem (that is, "publicly") omnia. Sicut ergo nullum et omne, sic differunt secretly and publicly. [Deut. 19,15.) On this I have so far remained, and still, say that the landgrave's other marriage is nothing, and no one can convince it. For as they say it, namely 2) palam, it is nothing true, although it is true as they should not say, namely 2) clam.
But in this the landgrave is too close to us, yes, much more to himself, that he wants to make it palam (public), which we have made clam [secret] with him, and make an omne (everything) out of a nullum (nothing), which we neither know how to defend nor to answer for. 3) My Gen. 16, 4) would also not help him, because I have taught many ways before and after that one should not bring up Moses' laws, whether one would use them as an example in secret or publicly by order of the authorities, which would give the choice. Accordingly, if I were to advise a poor conscience in secret need of confession to use Moses' laws or examples, I would not, indeed could not, have established a public right or a reasonable example, because I would be a confessor to whom nothing is publicly available as a right or an example, but would have to act solely on the secret need of the conscience. 5) I would be a confessor to whom nothing is publicly available as a right or an example.
6) But it does not have to be a public law nor an example, although it was 7) left to the dear fathers in the Law of Moses in the past. Regardless of the fact that one can find in the histories after the birth of Christ several examples where a man secretly had to have two wives because of the need of his conscience, or because of the superiority of the wilderness.
2) "namely" put by us instead of: ".,." which stands
for: ".i. == id est.
3) Here follow the words which Luther again deleted: "and would thereby come to each other".
4) See St. Louis edition, Vol. III, 275, Z 6 and especially § 10.
5) Here follow the crossed out words: "no superiority but".
6) Here the deleted words precede: "Accordingly, your council pleases me very well that the landgrave lets a ban go out."
7) First Luther wrote, but crossed out again: "But this piece must be drawn into it, that it could not be a public right or example, without the authority to do what".
Letters from the year 1540. No. 2667. 2668.
leu, as some say of the emperor Carolo Magno and Valentiniano. But out of all this no right, example, or custom can be made public.1) For it is not true: What you do out of necessity, I may do out of right. A thief steals bread in hunger, and is not punished. A necessity is a murder, but is not condemned. But this does not make it a right or an example to steal and murder freely. Necessity transcends right and example, and yet does not make right and example. Necessitas frangit legem, sed non facit legem.
But this sharp disputation will nevertheless leave the pen in the heart, as if the landgrave had two wives in public, and wanted to decorate it with words and make it secret, and will hardly put an end to the disputing. Therefore, I want (if it is possible) that the landgrave reverts to the secret "yes" and the public "no", and let evil speak and preach that by right or example no one could help himself to have more than one wife, silent, however, of the secret advice and need, done in confession, or in the future. But I want to leave the announcement pending. For since there has been no announcement that one may have two wives, but only is still in the clamor (in addition, about one person, the landgrave), so one would let clamor go against clamor, then the negativa sermon would easily silence the affirmativum clamor with time, because a public sermon is more capable than a hundred tabernacle clamors and alley tales.
Such seems to me to be the easiest way. And that the landgrave (as he is guilty of) meanwhile also kept such a thing secret, and yet did not leave the mead, because he took it upon himself so dearly that it was necessary for him. So we, theologians or confessors, could help to defend it before God as a matter of necessity, which had to be mended with most examples. But that we should defend it before the world and now rain, this we cannot and will not do. Otherwise, nothing shall be spared in our service in this matter.
1) Here follow the crossed out words: "because the public rights find now at this time against it and condemn such, with which one should and must hold firmly".
No. 2668.
To the Elector Johann Friedrich.
After the landgrave himself has made the confession clear, Luther indicates to the Elector how he came to give this advice. He still upholds it.
A copy of the original is in the Kiel University Library, K. B. 85, p. 7. Printed by Seidemann, "Lauterbachs Tagebuch" etc., p. 196 ff. In the determination of the time, we have followed Kolde, who Analecta p. 348 has a
Regest brings. Seidemann places this letter in "April or June", but the complaint by the Dresdeners mentioned in it necessitates the later date (before June 10).
Most illustrious, highborn Lord, most gracious Lord! I have heard that E. churf. G. is being unreasonably complained about in the Landgrave's matters from the court at Dresen, and E. churf. G. will certainly allow himself to be heard against such clever meißners. For what the matter is, we both, I and M. Philipps, did not want to report to E. churf. G. (as a matter of confession) ourselves, as it is proper in matters of confession to keep secret, both the matter and the confessor; and if the landgrave had not disclosed this matter of confession and confessor, there would be nothing of such displeasure and spitting.
And still say now:
If such a thing were to happen to me this very day, I would not know how to advise otherwise than as I have advised. This did not cause me any concern (where it would be revealed afterwards), regardless of whether I am not as wise as they might think, for this is how the matter stood at that time: Martinus Bucerus brought a credence 2) and indicated how the landgrave did not know how to keep himself chaste due to some defects in his husband, had also lived in such and such a way up to now, which is not good, and should be evangelical, in addition to being one of the most distinguished heads. Accordingly, he took it upon himself and trusted in God and in his conscience that he would not be able to avoid such vices from now on, when he would not be allowed to take another wife. We, however, were almost frightened by such a narration because of the desolate astonishment that would follow, and
2) A credential or instruction (dated Dec. 10, 1539). Corp. ref. , Vol. III, 851.
Letters from the year 1540. No. 2668. 2669.
We asked that H.F.G. would not do it; then we were further told that he could not let it be done; if we would not let it be done, he still wanted to do it, unseen by us, and obtain it from the emperor or the pope. We, however, humbly asked him to do so, if he wanted to do so, or (as he said) if he did not know how to do so in conscience and before God, that he would keep it secret, because such necessity would force him to do so, since it could not be defended against the world and the empire's rights. Which is therefore promised to us. Accordingly, we wanted to cover it up as much as possible before God with examples, such as Abraham etc. All this was done and acted in confession, so that we cannot be blamed as if we had done it willingly and gladly or with pleasure and joy. It was hard enough for us, but because we could not prevent it, we thought to save our conscience as much as we could.
I have probably received more things, both under the priesthood and afterwards, in confession and given advice, which, if they were to be revealed, I would have to say no to them, or report the confession as well. Such things do not belong to the secular court, nor to be revealed. God has His own court here, and must advise the soul, since neither law nor art can help in the eyes of the world. My preceptor in the monastery, a fine old man, also had many such things, and once had to say with a sigh: "Alas, alas! such things are so erroneous and desperate that no wisdom, law or reason can advise here, one must command them divinae bonitati. From such experience I have also acted in this according to divine goodness.
But if I had known that the landgrave had long since atoned for such necessity and could atone for it in other ways than I am now learning, in the one at Eschweg, no angel would have brought me to such advice. I considered the unavoidable need and weakness, also the perilousness of his conscience, which M. Bucerus presented, much less would I have advised that it should be a public wedding, in addition (which was also completely concealed) a Principissa and young Landgravine should come along, which of course was not to be.
I understood and hoped that, because of the weakness of the flesh, he would have to use his common nature for sins and disgraces, and that he would secretly keep an honest maiden in a house in secret marriage (although it would have an illegitimate reputation in the eyes of the world) for his great need of conscience, as has happened several times with great lords, just as I gave such advice to some parish priests under Duke George and the bishops that they should secretly marry their cooks.
This is the confessional speech, which I would much rather conceal, if it did not force out the necessity; now I cannot do it. But the fact that they are dressed as if I had taught them such things thirteen years ago shows them how kind they are to us and how much they want to love and unite, just as if there were neither trouble nor infirmity among them, which are ten times heavier before God, nor is this our advice, without the world having to spit from the splinters of its neighbor with confidence and forget the beams in its eyes. If I were to defend everything now that I said or did years ago, especially in the beginning, I would have to worship the pope; should they also defend their former nature (I will remain silent about the present one), they would belong to the devil more than to God.
I am not ashamed of such a report, wherever it should come before the whole world, without preferring to keep it quiet for the sake of displeasure (where it would be possible).
M. Luther, M. p, 1)
No. 2669.
To Anton Lauterbach, pastor in Pirna.
About the rumor of the landgrave's double marriage; Luther pretends to be ignorant.
Handwritten in Aurifaber, vol. III, p. 297. Printed from the Ludwig Collection at Halle in Schütze, vol. III, p. 134; in Strobel-Ranner, p, 287 and in De Wette, vol. V, p. 290.
1) This is: Manu propria.
To the highly esteemed man, Mr. M. Anton Lauterbach, pastor in Pirna, his extremely dear brother in the Lord.
No. 2670.