Explaining the consequences of the publication, they advise to keep the deal secret and send various forms on how to answer any inquiries evasively. Margaretha von der Sala must also be kept completely secret, the Landgrave must get closer to the Landgravine, the relevant documents must be confiscated and, if necessary, the Court of Appeals must be recused.
From the State Archives at Marburg printed in Kolde, Analecta, p. 360.
Written concerns 2) of Luther and the other electoral councilors and theologians, of the
Landgrafen Räthen finally delivered.
We have read through the submitted advice of its content and noted the same on two main points.
As far as the first, namely the secrecy 2c., is concerned, that our gracious lord, the Landgrave of Hesse, 2c., not only pleases us well, but we also advise it faithfully and ask that it be done in such a way, completely subserviently, and that his F. G. let this matter stand in terminis quaestionis facti, that is, doubtful whether it is so or not, as his F. G. is to be instructed, and that his F. G. is to be informed. G., and that his F. G. will ever not surrender with loud and strong confession, we have no doubt that the rumor that has arisen shall soon dissipate, as, God be praised, it has already begun to happen. For as long as the people do not learn a certain reason for it, they get tired of talking about it, even of hearing much about it, and slacken. If, however, the deal were first to be made public by public confession, the fire and shouting would start up again with unheard-of and so burdensome annoyance that it would be unaccountable even to God for the sake of conscience. Then also
2) This is the last concern about the advice which the Landgrave had sent to Eisenach on July 22. It was submitted after the Elector had left Eisenach on July 18, sent after him, and immediately approved by him. On July 23, Brück and Pack wrote about it from Eisenach to the Hessian Chancellor Feige.
Letters from the year 1540. No. 2691.
The superiors and males of the opposite part accept the matter with more trepidation, and think that it is time to make such a deal and not to let it go unchallenged, and first of all, since one would not only stand by the deed and the fact, but also publicly defend the matter, contrary to the imperial and ecclesiastical rights described and the common custom of all Christendom, contrary to the imperial and ecclesiastical rights described and the common custom of all Christendom, as a common right and permission, or even just as a Christian dispensation, and let that which is now still in quaestione facti come ad quaestionem juris.
If the trade also remains in quaestione facti, and such an answer is given to the authorities once, or also to others, from which they note that it is not the opinion that one wants to carry out and protect such news, then the authorities will rather be inclined to do so, The authorities will rather be inclined to suppress the rumor, and by their actions not help to increase the annoyance, besides that the great lords have enough to do in these times, that they would much rather spare than burden themselves with unnecessary matters of evidence and legal execution; They will also doubtless consider, if 1) our gracious Lord of Hesse does not deny the matter and the requirement of public confession, 2) that it would be difficult for them to prove things legally. For there are few people who enjoy it, and in addition are engaged in their duties, not to report anything about it, that one would save them easily, and also slowly and with difficulty be able to testify about the deliberate things, contrary to their duties.
In addition, if the fact were to be proven after long and many efforts, then all kinds of burdensome disputations would first occur, which they would much rather keep quiet about than have brought to light by their unnecessary pressing. Item, would also consider how difficult it might be for them to finally execute their and the 3) Court of Appeal's decision or verdict.
1) Kolde: "whereby".
2) "verjjährt" put by us instead of: "verschonet"; in the manuscript perhaps: "verjhaet" == affirmed.
3) Kolde: "the".
There is no doubt that all princes, princes and estates, both of heredity and of Christian understanding, would be more inclined and willing to be gracious, supportive and helpful to our gracious lord, the landgrave, since the matters remained in quaestione facti, than to be remembered in quaestione juris, because everyone, as is to be expected, will highly fear the dreadful and sinful annoyance, which is already noted from the uncertain rumor that has arisen, and will also consider his wife and children in it, because not all women are as kind as our gracious lady, the landgravine, shows herself to be kind and patient for the sake of such business.
But on the other hand, we have heard in the town hall what concerns and complaints our gracious lord, the landgrave, has that his F. G. should deny the trade strack und rund (round) for reasons of convenience.
Although we now 4) in submission consider that a strict denial before God and for the sake of conscience should have less of a burden on it, as would be indicated by many examples in Holy Scripture, because that with a strict and public confession and defense the great annoyance and the anxious apostasy of many good-hearted people should be confirmed, so we have noted from the submitted advice, what form, also on what form a middle and doubtful answer should take to the emperor, king, also to the chamber court and others, so that his F. G. should be given. Also Doctor Martinus Luther has indicated an opinion, not unserviceable, in this regard. 5) We have thought of another form, as noted on the enclosed note. And have done so, whether from the three harmless forms, such an answer can be drawn together, which nevertheless his F. G. after opportunity unverweislich, and the authority, also others a reflection might make, on such once noted answer after the reason of the trade further not to ponder nor unnecessarily to research.
But in addition to such concerns, it will be necessary that our gracious
4) Kolde: "only".
5) This concern of Luther's has not been preserved.
Letters from the year 1540. No. 2691.
Lord, the landgrave, henceforth hold and collect with the things so that his F. G., contrary to such doubtful, unprovable answer, be less noted with the receipt, which would be done to our consideration and the rumor could be reduced and finally eliminated, namely, so that his F. G. put the person in a place so that the people would be less aware of her, 1) and rode secretly to her according to his F. G.'s liking, and let his F. G.'s husband be around his F. G. more often and more for a while, also showed themselves in other ways, as the presented advice indicated at the end.
In all cases, however, it would be useful for his F. G. to bring back to himself the instruments that were made in the course of the trade, and otherwise leave them in no one's hands, for instruments are, as the legal scholars say 2) . . .
If, however, the one from Brunswick would touch this matter in his further intended tender, we would consider in courtesy that it should not be necessary to discuss the trade extensively against this man, but that he should be given a mocking and insulting answer, and to answer fools foolishly, for he has too great a beam in his eyes that he can be answered in a dissolute manner, so that all the world would be well satisfied as against such a one, and especially 3) if the substance of the answer were included, as it is to be given to Imperial Maj. and others. Maj. and others would be considered and decided.
As far as the other main point of the advice is concerned, namely: If the Superior would not be satisfied with the reported answer, but would further insist on the Landgrave, or have legal proceedings against his F. G. by the Court of Appeal or otherwise, we humbly consider that Imperial Maj. then can easily, after the opportunity of her
1) Rudolph Walter (Gualterus) wrote to Heinrich Bullinger on Aug. 4, 1540: "She [Margaretha von der Sal] lives in a certain monastery in Wisenstain with several noble virgins whom she has at her service from the prince, and differs in nothing from a true princess, yes, she also wants to be held worthy of this honor and this name. As a gift, she has received, as the common rumor goes, twenty thousand florins." (Corp. Ref. , Vol. III, 1062, note).
2) The end of this sentence is missing.
3) Here we have deleted a superfluous "and".
Maj.'s request, a further answer may be given and namely the previous answer raised, also all kinds of persuasiones introduced to induce Her Maj. not to punish (anten) this trade unnecessarily 4) nor to burden His Majesty with unknown and unprovable things.
There is no doubt that the Electors and Princes of the Legion, as well as the estates of the Christian understanding, would, at the request of His Holiness, if the matter remained in quaestione facti, help Imperial Majesty to make all possible representations and show all fairness. Maj. and show themselves in all fairness; and not only the reported Electors, Princes and Estates, but also other Electors and Princes, of whom there are not a few, who think his F. G. friendly and well, who would also much rather see and hear that his F. G. would like to press the deal and not let it come to public speeches and disputations with annoyance 5). For if our gracious lord, the Landgrave, should lay himself on the exceptionally considered in the council proposal, his F. G. would make himself very suspicious of the matters, also almost confess, and especially with the 6) declinationes fori, as if such matter tamquam matrimonialis did not belong before a secular court, but a general council, because one would have to put the reason of such exception on a digamy.
Therefore, the best would be to keep the things in terminis quaestione facti and in the rights, so in the Rathschlag allegirt, saying, quod occulta non ecclesia, to hear, 7) donec manent absque confessione vel probatione occulta, because there it says, as another text says: quod occulta non habent publicam vindictam.
And if our gracious lord, the Landgrave, should ever be molested by the Court of Appeal, and his F. G. should not have reservations about it for other reasons, then in our opinion it would be much better if his F. G. recusirte the same, for which his F. G. should have suitable reasons, and have a well-formed recusirte put forward, which his F. G., praise be to God, should know well to put up, for with that, besides the secret, the F. G. should also have the right to make a recusirte.
4) Instead of "with" at Kolde we assumed "nit".
5) Kolde: "can".
6) Kolde: "dem".
7) That is: namely.
Letters from the year 1540. No. 2691. 2692. 2693.
hold, the things would probably and soon bleed to death.
All of this we want to indicate for our serious concern on the above-mentioned, submitted advice for improvement, humbly asking to note the same not otherwise than faithfully and well-intentioned.
No. 2692.
Concerns about the landgrave's double marriage.
Luther insists on secrecy of the confessional.
From the original in the secret archive at Weimar, Reg. C, pag. 163, no. 19, fol. 115, printed by De Wette-Seidemann, vol. VI, p. 272.
As I have advised and asked from the beginning until now, so I still advise and ask (and this time for the last time. For I cannot do any more, nor will I, so that I finally leave it) most humbly, M. G. Herr, the Landgrave, wanted to draw this matter back into secrecy and keep it, for to publicly defend the right is impossible, as I said yesterday, and S. F. G. will learn in time that we have meant it cordially and faithfully with S. F. G. in such counsel, and God will give His blessing to it.
If, however, S. F. G. of others, or also their F. G. themselves, want to reveal it to the Council, and want to burden churches and estates to defend such a matter, as they have to help, then it is fair and necessary that they all be asked and consulted beforehand. Otherwise, they shall and will refuse to defend themselves, as if they had no conscience, and D. M[artin] and M. Ph[ilippus] will not do anything with their authority (even if they could do it and justify something).
And before I want to defend it obviously, I want to say no to my and M. Philipp's advice publicly presented, because it is not publicum concilium, and fit nullum per publicationem. Or if that would not help, I will rather confess, where it should be called a counsel and not rather (as it is) a request, that I have erred and deceived, and ask for mercy. For
the annoyance is too great and unmistakable. And M. G. Herr, the landgrave, should consider that S. F. G. would have enough of it, that they may have the mead secretly with a good conscience, according to our confession, on their F. G. confession.
Considering that S. F. G. has so no need nor causes for revelation, and can easily be kept in secrecy, thereby causing so much unpleasantness and unhappiness.
I'm sticking with that.
No. 2693.