Intercede for a poor man, that the princes would do him justice themselves, and not throw him under legal drudgery and extortion.
Handwritten in Aurifaber, vol. III, p. 348. From a manuscript in the Innocent News 1705, p. 763; in the Altenburg edition, vol. VIII, p. 996; in the Leipzig, vol. XXII, p.569; in Walch, vol. XXI, 452; in De Wette, vol. V, p. 412 and in the Erl. Ausg., vol. 55, p. 338 and again (after the original in Lindner's "Mittheilungen", vol. II, p. 72) vol. 56, p. 231.
To the noble, highborn princes and lords, Johanns, Georgen, provost of Magdeburg, and Joachim, brothers, princes of Anhalt, counts of Ascanien and lords of Bernburg, my gracious lords.
G. u. F. Serene, highborn princes, gracious lords! I have been sent by Christoph
Küne von Burau, 1) E. F. G. Unterthan, asked to write to E. F. G. and to ask him to come to an end in the matter of his daughter, weakened by Hieronymus Kuutzel. I have seen the farewell in which E. F. G. put him in the right. But, my dear gentlemen, E. F. G. knows that he can neither endure nor tolerate such law as a poor man, and such law, as has now become customary, with advocates, replicas, triplicates and again purification, is nothing other than an eternal strife and eternal injustice, that God will one day send both lawyers and judges to the devil, who suck the lot and fatten themselves with such jurisprudence. Thus the man sat under E. F. G. as well as his part under E. F. G.. They may well proceed de simplici and piano herein without all strepitu juris, which may apply where the parties are rich against each other,' and do not have a certain unified lord. Otherwise, such extensive law is truly a tyranny for the poor, and the authorities themselves are guilty if they do not prevent it. Why do you princes and lords want to make lawyers emperors and set judges over your regiment, and you yourselves neither judge nor help, if you can? Then a principality would be nothing but a rent master who collects the interest and who scoops things from the lawyers of his own accord, to the detriment and ruin of the poor subjects. Please, therefore, let this and similar matters be heard, judged and decided by the subjects themselves, and do not throw them under the lawyers' practice, who neither respect nor seek an end to the matters, but take the money, and with their tongues, squeeze out both sack and bag from the poor. E. F. G. will graciously understand my opinion; because I am true to my sense, such legal drudgery cannot stand the length of it, or we will not understand each other properly. Laws are always right; lawyers and judges are seldom right. God is good, but the usurer was never good. Hiemit GOtt befohlen, Amen. Saturday after Catharine [Nov. 26] 1541.
E. F. G. williger
Martinus Luther.
I) In the Erlanger: "Kune of Burou".
Letters from the year 1541. no. 2860. 2861. 2862.
No. 2860.
To Anton Lauterbach, pastor in Pirna.
About Duke Moritz.
From the Kraft Collection at Husum in Schütze, Vol. I, p. 175 and in De Wette, Vol. V, p. 413. German in Walch, Vol. XXI, 1480.
To the worthy man, Mr. M. Anton Lauterbach, the bishop of the church at Pirna, his extremely dear brother.
Grace and peace! I have received your letter from Dresden, my dear Anton, and have learned with joy that Prince Moritz pleases you, and I pray that God will so exalt and govern him. For prayer is necessary (that I know) against Satan, who neither sleeps nor slumbers (which we know very well). More at another time, now be at ease in the Lord. Monday after Catharine [Nov. 28] 1541.
Your Martin Luther.
No. 2861.
To the Elector Johann Friedrich.
Renewed intercession for his brother-in-law Hans von Bora that he be given the monastery administration either in Belgern or in Nimpschen.
The original is in the Coburg House and State Archives. Printed by Burkhardt, p. 401.
God and peace in Christ and my poor pater noster. Most Serene, Highborn Prince, Most Gracious Lord! After E. C. F. G. at my most humble request 1) gave my dear brother-in-law, Hans von Bora, a gracious letter to the sequestrators that they should, where a monastery office would be vacant or shortly, provide him with it on appointment: thus he traveled with such E. C. F. G. letter to the sequestrators. There Bernhard von Hirsfeld gave him this answer: he
1) Burkhardt notes: The Electoral decree in consequence of this letter, dated: Torgau, Wednesday after Nicolai [Dec. 7] 1541, which was issued to the sequestrators, was to hand over to Hans von Bora the Brehna monastery, which was finished at Easter, since Belgern and Nimpschen were already assigned.
He does not know of any that are vacant now; however, the one in Belgern would be vacant next Philippi, and the one in Nimpschen after Michaelmas; if E. C. F. G. does not do anything special about this, and names the same sequestrators of one of them, and orders them to give it to the above-mentioned Hans von Bora, they will then obediently order it to be given to him. Therefore, both he and I, as before, humbly request that E. C. F. G. graciously order that Belgern or Nimptschen be given to him, as it is best for E. C. F. G. to do. Because E. C. F. G. have zll consider graciously that the length and delay on other future settlement of E. C. F. G. gracious delay would give birth to a disturbance (stehrung) and his being distress 2). E. C. F. G. will know how to graciously show themselves according to their comforting promise, so that I do not have to deny this intercession to my brother-in-law. Hiemit dem lieben GOtt befehlt, Amen. Sunday Barbarä [Dec. 4] 1541.
E. C. F. G. Martinus Luther.
No. 2862.