1. that the jurists are concerned only with the secular regime.
2. from the saying Ps. 2, 2: The lords counsel etc.
3. another one from the lawyers.
4. D. Luther's serious disputation with the jurists.
5. a pious lawyer is a strange animal.
6. D. Luther's warning to the jurists.
The majority of lawyers are servants of the pope.
8. procuratores are tongue-thrashers.
9. of the secular rights.
10. few lawyers are blessed.
11. where pious lawyers get their theology from.
The holy scripture approves the right.
The natural right is twofold.
14. lawyers should have conscience.
15. what lawyers are.
16. D. Luther's Prophecy of Jurists and Theologians.
17. why the lawyers strut.
18. D. Luther's divination of lawyers.
19. from the pagan rights.
20. by lawyers, from the sermon, so D. Luther on the Feast of the Three Kings from the prophet Micah in 1544.
21. by jurists, that one should not approve nor permit secret betrothal.
22 Another sharp admonition to the jurists.
23 Another different one from the lawyers.
24. faithful admonition and warning, especially to the jurists, and how one may blessedly study in law.
25. of rights and courts.
26. jurists do not know from the spiritual law any cause to indicate why the pope forbade the priests to marry.
Luther does not want to suffer lawyers to teach him to preach.
28. that it is dangerous to be a lawyer.
Jurists and regents must believe the testimony of witnesses, and speak and judge accordingly.
30. jurisprudence has no certain demonstrations.
31. of thorough proofs.
32. Comparison of jurisprudence and medicine against theology.
33. which is praiseworthy in rights.
34. spiritual law.
35. the jurist's art.
36. of the jurists' piety.
37. the theology preference.
38. disagreement of jurists and theologians.
39 Theologians praise the jurisprudence highly.
40. the scholars the perverse.
The difference between lawyers.
The difference between the right and the wrong.
43. from Saxon law.
44. the jurists justice.
45 Few lawyers, many procuratores.
The world is ruled by opinion.
47: What has been proposed in D. Basilii M. Promotion proponirt worden.
48) How pious lawyers do it.
You can't give way to the pope at all.
50: The Canonists' Argument Against Luther.
This is the first time that the author has been a member of the faculty of law.
52. wrong lawyers blasphemy.
The most important thing to look out for in your dealings.
54 The jurists have only the peoples right.
The lawyers' stand is now a dangerous stand.
56. lawyers should advise.
The first two words are: "The first two words are the first two words.
58. a respectable council at a court,
59. lawyers do not know what the church is.
60. that the epnkia must govern in all matters.
61 From a whimsical case.
62. equity is to be administered, not the supreme law.
1. that the jurists are concerned only with the secular regime.
Before me, said D. Martinus has not been a lawyer who knew what is right before God. They have what they have from me. It is not written in the Gospel that one should worship lawyers. It is nothing to say: God and man. If our Lord wants to judge God, what does he care about the lawyers? Before the world I will let them be right, but before God they shall be under me. If I can judge Moses and put him under me, what should the lawyers do?
be? If our Lord God says: Be you emperor, king, prince, mayor, lawyer etc., then you are not God. The other Psalm shall be my Psalm: "Be ye therefore chastened, O ye kings" etc., Ps. 2, 10. Since ever one shall perish, let justice go and perish always, and let Christ remain.
2 Ps. 2, 2 Principes convenerunt in unum: The lords consult with one another.
Which saying D. M. Luther then interpreted it over the table and said: "The lawyers are also against Christ, roses, the word,
is not called principes, princes, but those who rule through wisdom. First, the nations and common rabble. Then the kings and wise men, who are to be against Christ. This is what David himself says, that against his Son shall be the authority, wisdom, and multitude of the world; and he shall be against the many alone, against the wise a fool, against the mighty impotent. This is a strange rule. Our Lord God lacks nothing but wise men. But behind it all, it is said: Et nunc, Reges, intelligite etc. Let yourselves therefore be instructed, O kings etc.
3. one different from lawyers.
The theologians do not like the canons of the jurists and the pope's decree, they also stand as they like. They remain in their secular rights and laws and orders; but if they fall into the canons and into the Pabst's mud, they must go to ruins, they shall not resist it.
I do not want to harm the lawyers; I only want to take the Catechismum and strike them with it, and make them so afraid that they do not know where to stay with their rights; and I do not want to touch the gospel, but keep it on the thrust.
D. Jerome is a sharp jurist who loves equity. And when D. Martinus was at M.'s wedding, it was thought how and from what the ecclesiastics should be maintained? D. Martinus asked the doctor: "Mr. Jerome, don't you think, because the pope is feeding us all, that we would become papists again, according to the common saying: whose bread we eat, whose song we sing? Jerome answered, "I also praised the verdict.
If there is a jurist in all of Germany, yes, in the whole world, who knows what law is, both in fact and in law, I am surprised. (This is a great oath, if I swear thus, said D. Martinus.) 1) For according to divine law, law is divided into secular or imperial law, and fist law or deed law. So God has
1) What we have bracketed is missing in Stangwald with good reason.
Emperor Carln gave the right, which is made right in fact; but the fact does not make it right. He who has the right of fist or of deed can also easily have the right in the right; that is what he wants, that must be right.
In sum, if the lawyers will not ask for forgiveness of sins and crawl to the Gospel, I will mislead them, so that they will not know where from. I do not understand the right, but I am a master in the right, in matters that concern the conscience.
(Cordatus No, 27 and 1029.)
The jurists say it is dangerous to define; but that with which the theologians deal must be constant; it behooves them. To teach certain things. What else should a doubting conscience do, which desires comfort, if one answers with opinions and not with firm, certain doctrine?
The study of law is a very dirty business, and if it were not for the money, no one would stoop to this study. Tomorrow a new adder will be made against the theologians. 2)
4. Serious disputation of D. M. Luther with the jurists.
(Cordatus No. 621. 622 and No. 702.)
Since two doctors of law came to me, I received them like this: O you jurists, I could easily carry you, if you were based on the laws and not on the canons. But since you are doctors of both rights, you defend the pope and his canons more than the laws and the emperor, and I wanted to give my hand that all canonists and papists should have their canons, I did not want to wish them an angry devil. The Bishop of Mainz could not have three bishoprics, which you defend. You lawyers, do not trample us underfoot, otherwise we would like to bite your heels.
A Doctor Juris is a monster [chimaera], that is nothing at all, namely a [Doctor] of canon law, because they are forced to say and judge what the pope says and judges. But all,
2) Doctor of Laws.
who want to be public teachers of an art, must be confessors of their art, but you are not confessors of your art, thus etc. By the way, laws and civil law are very good inventions of reason. But if you want to be doctors of civil law, you are half lame. "The drip has struck me (say you) on one side." The pope according to his ambition and covetousness is only a doctor of ceremonies, for where he teaches judicial and civil matters, he is only a teacher of law and an emperor, although he has subjected himself to the emperor. Therefore the pope is rightly declared by Daniel to be a man who acts according to no laws; so I will, so I command 1) etc., that is his law. But to be an emperor is to be a keeper of the law.
When a certain lawyer said to Philip: You theologians write what you want, and we jurists determine afterwards what pleases us, you must believe in the name of the devil; I said to that: That has thereafter a continuance as long as it can. But the word of God remains while the world stands. When this comes and our Lord throws away the kingdoms, he also throws away the rights, also the constitutions, police etc.
5. a pious lawyer is a strange animal.
(Cordatus No. 1037.)
Every lawyer is an enemy and adversary of Christ, because they stand on and serve works righteousness. But whoever is really a Christian among them is, as it were, a wonder animal, is forced to beg and is called rebellious by the lawyers.
(Here, a paragraph is omitted because transferred to the previous § [Cordatus No. 621], where it belongs).
(From here to end of § at Cordatus No. 925-929.)
If the jurists want to deal with matters of conscience, they are not to suffer. If I studied law for two years, I would undoubtedly become more learned than D. C. 2) because I would deal with things, but he would argue about words.
1) 816 volo, sie judeo, sit pro ratione voluntas. VI, 223. The saying of all tyrants.
2) According to the Latin Table Talks, Rebenstock 1, 1396, Bindseil I, 288, Dr. Melchior Kling.
I like the lecture of the jurists, but I dislike the application they make of it. The text of rights is nothing but "if not", that must stand in all cases and things; theology does not stand in the "if not", but in the mathematical point. The jurists need the protection of the theologians, and the theologians their expert opinions; but if they bite each other, they wreck each other.
I would like to be given a lawyer whose purpose is knowledge [of law]; all study for the sake of profit and acquisition. All courts, authorities, dominions are forced to obey the lawyers. It may be that they resist us in individual and special cases, yet they preserve the general [in law], just as when we theologians are resisted, yet the word itself remains.
The power [autoritas] of the theologians is that they can put down and raise up everything, and when the word comes, Moses and the Roman Empire give way. The authorities are subject to the laws, because Moses says: Judge according to the law. But the laws are subject to the word of God.
The laws of the Persians and Greeks have been abolished, the Roman laws are still a little fidgety, for when a dominion falls, so do the laws. Therefore, if the jurists can give and fortify kingdoms and emperorships, they can also make their rights and customs firm. For when things fall, so do the words [for them] When the devil ceases, so do his customs. Therefore it would be ridiculous if someone wanted to bind a nun who has become a wife to the right of nuns, and we use the present rights like the [passable] coins, and whoever deals with abolished rights is like the one who in our time wanted to scold the long laces [spis] on the shoes.
6. warning D. M. L. to the lawyers.
On the fourth day of the Christmas month, at D. Martina N. Amsdorf, L. Blank, M. Ph(ilippus] and D. M(elchior] C(ling]. 3) There complained
3) Thus Bindseil I, 289.
D. Martinus about the poverty and misery of the theologians, how they were plagued and oppressed everywhere, especially by those of the nobility. And turned to D. Melchior and said: "You lawyers help us honestly, and you also press us hard. But I would advise you not to do so and not to reach out to the nobility. For if the theologians fall and lie down, you lawyers must also fall and lie down.
But when D. Kling wanted to excuse himself and the faculty, D. Martinus said. Martinus said: I admonish and warn you, do not press us too hard, or you shall be paid. Then L. Blank said: I am also a lawyer, but an innocent one, I have studied several hundred guilders in law, and only earned eight Märkische Groschen with it, nor do I have a conscience about it. And he said this with great seriousness.
7) Several lawyers are servants of the pope.
All who serve the pope are condemned, for according to the devil there is no worse man than the pope, with his lies and human statutes, than those who are strictly against Christ; therefore he is also the antichrist. The jurists, the largest group, with very few exceptions, who are despised by others, especially by the canonists, are the pope's servants: even if they do not want to have the name, they prove it by deed, they want to rule the church and trample on its faithful servants; therefore they are damned.
There is evil in the world," he said, Martinus, "because people do not want to honor church servants, teachers and preachers; even if they are honored, they soon become proud.
8. procuratores tongue depressor.
Tongue-thrashers go before the learned in the world, for they can open the mouths of the unlearned and the rabble with their washing and chattering, and turn a nose with a sham and cover of the right. Just as the priest at Jessen 1) should have me here
1) The pastor in Jessen was Wolfgang Brauer (Seidemann p. 167).
in two sermons. So the world wants to be deceived; look only at what shines and shines high. Truth, as bad and simple as it is, it cannot and will not suffer.
9. secular rights.
Secular or imperial law is nothing other than what human reason spins, casts and orders from natural law. Spiritual law, however, is nothing other than what the pope wants and dreams. And because the papacy is founded by the devil, his rights, which do not agree with God's and natural law and justice, but are contrary to it, are also the devil's foundation and order; they appear and shine as they please, let them be approved and accepted by whoever wishes.
10. few lawyers are blessed.
(Contained in Cap. 22, § 2.)
11) Where pious lawyers get their theologiam.
That some lawyers believe and are Christians, they have not learned from their art and law books, but from me and from the holy scriptures; as the lansquenets believe, because I have instructed and taught them that a man of war can wage war with a good conscience. So also, many monks and nuns believe that I have written it thus. And I believe it.
The right approves the holy scripture.
The theologians approve the imperial and secular rights from God's word, therefore we theologians execute, drown, break to death; the jurists do not do it, could not do it and should not do it even with a good conscience. As happened in the papacy, where the authorities "themselves did not want to pronounce judgment on blood, but had it done by other bad people. For "what is not done by faith is sin," says St. Paul Romans 14:23.
13. of course right is two things.
Natural law is twofold: firstly, as regards words; secondly, as regards the thing
itself. As for the words, it is right; but as for the thing itself, it is wrong. For if the theology were not the word of God, saying, "There is one God," then justice would be called force, for he who has it in his hand does it. But whether such power is right, our Lord God will dispute.
14. lawyers should have conscience.
You lawyers, only hold fast that you have only conscience, and believe that there is a right, as it must be right, because it is God's order, and established by Him, as Proverbs 8, 14. 15. 16. the wisdom of God speaks: "Mine is both counsel and action. I have understanding and power. Through Me kings rule, and the rulers establish justice. By Me princes and all rulers reign." As there are few who believe it. Just as there are now many people who believe that the theology now revealed is nothing. This happens because we are still alive; what will it become after our departure? So also many of them are pregnant with it; they want to bring it to the point that the rights should be nothing.
15. what lawyers are.
A jurist is a beam bearer; a theologus a splinter bearer. And a doctor juris is a beam doctor; a theologus a splinter doctor.
A lawyer is wise according to human wisdom; but a theologian is wise according to God's wisdom. Many are more learned than I am, but that they should be more learned in the Word of God, which I teach and preach, is impossible. I will leave a shoemaker, a tailor, a lawyer, and every one of them; but if one challenges me in the preaching seat, I will send him down, and he shall be astonished. A lawyer is no more than a cobbler or tailor.
16. D. M. Luther's Prophecy of Jurists and Theologians.
You lawyers, said D. Martinus to Peter Weller, will go to ruins; but we must go with you. For in St. Petro, 2 Ep. 2,
It is written of those "by whom the way of truth is blasphemed. When this happens, when blasphemy comes, the curtain of the temple is torn.
Item: If a jurist does not know more than the terminos juris and the words of rights, he is a pure fool. The jurists deal with worldly and temporal, perishable things and cases; but the theologians with heavenly, spiritual things and cases of conscience.
17. why the lawyers strut.
The lawyers have realized that we theologians approve and praise the rights that are not against God and His Word. Therefore they now become proud. But if they make too much of it, I will separate the concretum and abstractum, the right custom from the abuse, the persons from the right, just like the paint from the wall, from each other and instead. This is what I tell them. They may well consider who and what they are. For a lawyer who is no more than a lawyer is a poor thing. What is jus? (which little word in Latin also means soup) and are the lawyers only soup eaters, for they only discuss dirty deeds, the seventh commandment: Thou shalt not steal; and such temporal things.
The lawyers, Medici, artists vex us theologians, and also the peasants. But when it comes to the meeting, theologia alone must help. And it is impossible for anyone to become a truly good theologian, if God himself makes him one.
18. divination D. Martini by lawyers.
Because I am alive, the jurists shall, if God wills, have nothing to do with the Pope's decrees; but if I am now laid low and dead, you will see how it will go. Before I began to write, the lawyers all lived as despondent, poor, troubled people, because of their consciences: they finally had to despair, did not know that honest, good, worldly rights are God's order, and that one can also serve God with them; yes, if it comes and happens from faith in Christ. Like a doc-
tor Juris at Erfurt, when he was to die, said: O who would not have been a jurist, but a hermit or monk! and ordered that he should be buried in a monk's cap etc. And D. Jerome once said to me: If I had ten sons, none of them should become a lawyer for me. But now they want to throw at us, because they have learned from and through us what they are. Well, they look forward, I can still throw one in their beard.
19. pagan rights.
If it were not for the rights of the heathen in the Roman Empire, our princes, emperors and kings would all have become fools. The rights of the Pabst are the most foolish, because they smell, even stink of vain hope and ambition, and desire to rule and reign. The rights of the heathen are better and more honest than those of the supposed Christians. But the Pabst's laws are the worst: and what is good in them is taken from the imperial laws. The decrees are the pope's law, 1) and rule the world; but the decree is no longer respected. Gratianus, who read the decree together, was an ass who did not understand anything when he wrote the decree.
With the jurists, the canons remain in their authority and prestige, but with us there is no Bachant, he wants to master the Scriptures. The jurists have the practices, that is why they stand firm; we theologians lack them, that is why it is the same with us. The jurists have to practice and put their thing into practice, otherwise they could not continue; if we also practiced our theology and experienced it in persecution and challenge, then we could also do it right.
20. by lawyers, from the sermon, so D. Martinus has done against them at the holy three
Kings Days, Anno 1544, from the prophet Micah.
But we are to take note and learn rightly what the reign of this Bethlehemite Lord and King of Christ is, that
1) Thus Stangwald instead of: "Reich.
to make a proper distinction between temporal and spiritual rule. For he shall not be a vassal, as emperors, kings, princes, or as I am lord of the house; but he shall redeem Israel. This is an excellent, joyful, lovely prophecy, that such a Lord shall come out of Bethlehem, who shall not war nor slay, but shall help and counsel; so that we may say, Christ is a Mushel (that is, such a Lord, who is commanded to do something), is not a tyrant in his rule.
My thoughts are now these: We have written that one should distinguish between the regiments: so I have now urged our lawyers to wash their fur; they do not want to learn from us that they made a distinction between the Beghlehemitic and the imperial regiment. For I cannot suffer them to exalt themselves above this lord. I do not, you say? Yes, you do, you want to bring the pope back in, as they (the jurists) are good papists and princes. I am not here to learn from them what is right, but I want to teach them; and I would not suffer a thousand of them to be above me.
This is the right of the pope, to which they cling, like the devil in the butt, de clandestinis matrimoniis, of secret betrothals. Then the pope and the lawyers said that the marriage could never be divorced. What happened? The spouses disagreed and divorced again. It happened the same way to me in the monastery; or, when they came before the official, one swore to the other, and they divorced again. Afterwards they came to me or to another in confession and said: Dear Lord, I now have a wife to whom I have secretly sworn; how do I do it more and more? Help me, dear doctor, so that I do not despair. For Greta, to whom I first became engaged, is my true wife. But this Barbara, who trusts me after this, is not my wife, and yet must I sleep with her? I may not take her, whom I would like to have, since it could be; but now I cannot: for I have another, so she also has another; but no one knows that she is my wife.
I am a woman, for only God in heaven is aware of it. O I am damned, I know no counsel? Behold, I must say that you lawyers see how you have ruled in the past. Then the pope went with his junks, the lawyers, and said that he should stay with the one with whom he had publicly married and held the wedding, and yet consider Greta, with whom he had secretly engaged himself, in his heart as his rightful wife, but he should not sleep with the one whom he had publicly led to the church, nor demand the marriage duty from her, or provoke her to evil desire, otherwise he would break the marriage with her. So he could not have her, and he could not leave the other one; for friendship does not suffer that you would leave the one with whom you have publicly gone to church. So the lawyers have advised, as their books, the pope's decree, show, they cannot deny. Counsel in a thousand devils' names with your advice, you proud ass Pope, that your heartache may come upon you with all your proud, hopeful lawyers. They are still so impudent today that they would gladly return to the day with such lousy antics (which they only have a lot of, thereby confusing the poor consciences) if they could arise. That is why we poor preachers have advised, taught and written, for the comfort and instruction of poor consciences, that secret vows should be forbidden. Thereupon the laudable Elector of Saxony, H. J[ohann] F[riedrich], has commanded that secret vows should not be permitted. And the lawyers shall not overthrow it, no matter how curly, clever and splendid they may be. But when they are questioned, they speak: What do we ask about it, the theologians will carry it out and answer for it, we let them take care of it. We must, according to our duties, speak from and according to the rights described, what is right etc.
Thank the devil! Why won't you leave us alone? What is the Lord Christ's rule to you? Is that what it means to be a lawyer, not to look at one's own conscience or to consider what he does? So the devil is also called a lawyer; he is their doctor, with whom they go to school. I would not have thought that we still had such lawyers here. I am angry, dear people, forgive me.
It is done for God's sake, out of a great zeal to keep the teaching of the gospel pure, otherwise and without that I would let them wait for their thing. But they want to interfere with Christ and rule and confuse the consciences; that is not to be suffered.
Truly, I would not have thought that we should still have such coarse, impolite jurists, in part, here, who have had the word of God so abundantly, purely and clearly, now for some thirty years, that everyone, especially the jurists, should have read our books. But they do not look at them, so I will not look at them again: must not be ashamed to pretend such shameful doctrine, to quarrel, and still want to be right, that they thus confuse the consciences. For all their doings must be so erroneous and confused that they themselves do not know what their position is.
Item: More they say: If one is accused before a judge, who knows that the defendant is innocent, and is nevertheless publicly convicted and overcome with witnesses, the jurists say: The judge shall speak according to the testimony of the witnesses, because the Scripture says Deut. 19, 15: "In two or three mouths is all testimony"; therefore he shall condemn the innocent, because there are two or three witnesses. (The rough asses do not know what the saying means).
Yes, what should the good judge do? He knows the defendant is innocent. Should he condemn him on the testimony of such witnesses, against his conscience? because he knows that he has been wronged. Then the jurists comfort him thus: Because you judge know that the man is wronged, you know this as a private person, for yourself, not as a judge who is to speak secundum allegata et probata, according to what has been presented and proven; it does not concern you, because you are not legally required to be a witness in the proper way etc. But they comfort the defendant thus: Since you, they say, know that you are wronged, surrender yourself to the judgment seat: let it pass over you, and suffer the wrong.
So do our proud noblemen and lawyers here in Wittenberg, and they think,
1) This number, which is found in all editions, cannot be correct. It may well read: "about thirty years.
They are right to do so. They do not read our books, they are called Catholics, they do not ask anything about our Lord God, and they do not look at our church. Well then, because they do not consider D. Pommern a bishop of this church, nor me their preacher; so they shall not be in this church either, I will not consider them my sheep either, because they do not hear my voice, and I will show them a hole to the door. If they want to be the pope's hypocrites and swarmers, let them remain so, go our idle way, and leave our church satisfied.
Now, back to the matter: To the husband I would thus say: Dear friend, the woman to whom you have secretly pledged it is not your wife, for such a betrothal is neither flush before God nor right etc. And to the judge: Dear judge, you shall speak: I bear witness that the man is innocent: if there were ten thousand witnesses, and I know for certain that the man is innocent, I cannot and will not condemn him.
Yes, say the lawyers, you do against the emperor's right! I throw, with leave, in such law, which does injustice to the poor man. But so many witnesses against him! So I say: How many false witnesses have there been since the beginning of the world? Christ was killed by false witnesses, Stephen was stoned etc. Witnesses can be false and instigated, and bribed with money or otherwise. The judge shall say: It has happened more that false witnesses have stood up, therefore, because I know that this man is wronged, I cannot condemn him.
Therefore, we do not want to suffer from the nasty jurists, because they have no conscience, nor do they ask much about the danger of conscience, and do not allow them to argue about God's word and law. Whether they already say: There are the witnesses: because one cannot reject them, one should accept and admit them, and judge according to their testimony. So we theologians say: We do not look at the false witnesses, God's right is thus, your right shall yield to it. And even though we have often said it, the proud jurists consider us to be vain fools, and say in addition: "They do not look at us with our
theology, but want to stick to their right.
Therefore I do not want to suffer that they cause a perplexity in my church, and want to confuse the consciences with their abused right. Should we allow the proud Junkers the arrogance that they do not recognize Doctor Pommern as a bishop of this church, nor do they consider me as a preacher, but only what they say and pretend shall be valid and right? They shall not live this down, and their arrogance shall be broken and controlled, so that they shall not revile the Christian congregation of God, which our dear Elector at Augsburg confirmed at the Imperial Diet, and all his land and people, life and limb, thereby added to it; or they themselves shall be reviled.
They think they want to sneak in again with the pope and please the bishop of M[ainz]. Well, since they do not consider us bishops and pastors, we must not be ashamed again, and consider and declare them to be papists and devil's children. For this is the serious command of our Lord. Lord's serious command that we should keep the church government pure, distribute and administer the word of God, absolution, and the sacraments according to Christ's institution, and comfort the consciences; yet they ridicule it, and consider us fools, and want to hold above the pope's law. Well then, I will see if they will set their false, untruthful law above God's true Word and Scripture.
So that I explain it with an example: We have often preached and taught (although the jurists consider us to be bachants) that if M. Fröschel took a wife after the first or second death, then he is not a digamus who has two or more wives, as the jurists understand it; therefore they consider him to be no preacher or pastor, because he has had two wives.
Dear, look, where are we at home? They have to leave our church, and they should not be in it, but we want to expel them 1) from the chair in which they are standing, because they sneak in again with the pope. We do not want to suffer that the consciences are thus deceived.
1) D. i. to show.
The pious Elector will not suffer that the Bishop of M[ainz] should have his lawyers here and govern our Consistory.
I will have my turn with them, and they shall do it to me no more. I will disagree with them and burn myself honestly and throw myself over with them and see whether they will bring God's word under them or I will bring them under God's word. We do not want to suffer their arrogance and the papal idolatry of the Mainz.
But I do not mean to reject what is right, as if it were nothing and all rights were abolished; but we praise the right law as God's order. For we know, praise God, as St. Paul says, that the law is good, holy and right, if it is used and kept rightly; but we do not want to and cannot suffer the evil practices and abuses of perverse lawyers, but we reject it altogether. And since they will continue in this way, we want to drive them out of the church to the devil, and we want to know that the consistory is not to stand in their right, but it is to be under the parish priest.
I would not have believed that our lawyers should still be papists. Well then, I will also act against them with all my might; for I know that their thing is dirt, as far as the conscience is concerned: but they have no conscience, take a thaler or ten, and serve evil things, with the appearance of the right, so they decorate them, make them a waxen nose. If they do not win, they have nevertheless earned the money.
This I say to you young fellows who want to become lawyers, not to frighten you, but to remind and admonish you that you want to become pious, honest and sincere lawyers. For the law is right, but do not follow your preceptors in abuses and wicked practices: do not flutter about in unrighteous matters, as if no one could be a lawyer, for he would have to use such wicked practices. No, rights are not given by God for this reason, that one should make right out of wrong, and make wrong out of right, as the unchristian lawyers do, who only study law for the sake of money. Do not be offended or mistaken by this; nevertheless, study diligently.
Behold what they do now, while we are yet alive, in the bright light of the good gospel. If any man come to them with his cause, and say, My dear doctor, help my cause; let them ask, What is that cause? Then saith he, Thus it standeth, that and the occasion hath etc. And when they perceive that it is a wicked thing (as they might easily perceive, if they diligently inquired into all the circumstances), they should say, Dear friend, I will not submit to this thing, I will not accept it, for it is wicked and unholy: go and make terms with your opposite, as best you can. Oh no, dear doctor, says he, help me, there shall be no lack of money. Well, says such a lawyer, a wicked Christian, I want to do as much as I can, I want to raise it and play it into the harbor 1) since I cannot receive it. Can you do that, he says? Yes, he says, probably ten years, or even longer; but in the meantime you must give me ten thalers on the hand. If you want to do that, then count them.
They prove that this is true by their works, deeds and lives; then they go away and become pious, like Reinicke Fuchs, and say that they cannot carry it out or maintain it, when the poor man has put a lot of great expense, effort and work into it, and has well filled their hands. Well, he says, if you cannot, then someone else can; so such a silver lawyer says, "Well, if someone else earns the money, then I can do the art too," and he wears one on his head for it; remember, God gives where the thalers fly from, they are good in the kitchen. So he accepts it with an evil conscience and says: "Well, I will see how I can help and do my best; but there must be money, without that I do not know how to advise you.
Dear fellow, study otherwise in the right, or you are damned and go into the abyss of hell. You say that you want to raise it, although you know that the thing is evil: you help to decorate it finely, paint it with a fine dye, hang it with legal sayings, with the hair pulled to it, so that you can make a noise before the eyes of the people.
1) D. i. Length.
make it shine and seem as if it were the truth, when in fact it is a vain dyed lie! Thus you sell Christ as well as Judas, and you are also Lucifer's companion. For you say: I know that the matter is evil, and you are wrong, yet I will see if I can make it right, and if it will not be otherwise, then I can postpone it and prolong it, one, two, or ten years, or even longer.
Does that mean legally, who acts and deals with it in such a way that he makes people tired, so that they have to let go of the law, and in the resentment, hatred and envy go there, yes, even die over it? It means the hellish fire on your head. It would be no wonder that God would let the world sink for the sake of such disgraceful jurists: one should tear the tongue out of the throat of such proud drops and rabbles. So they make it so that no poor man of right may console himself: for, if he comes into the right, then the matter is lost, if one has no more thalers to give, and can no longer fill such boys' hands.
I am angry, and I want to be, because they are interfering with me, yes, with God; I cannot and will not suffer nor have that the pope and Mainz with their nasty lawyers should govern the church. I wanted to let myself be torn apart with red-hot tongs. Therefore, lift yourselves out of the church, and hit the hole, dear proud nobles, I do not want to know you in this: the Bethlehem Lord also does not want them to enter elsewhere. I say this because we have grown on each other. I will also, if God wills, be man enough for them. They shall start etc.
21. by lawyers, that one should not approve nor permit secret betrothal.
I let the jurists do what they can in the secular government. But if they are subordinate and want to govern the church, then they are not lawyers who should hold above that which is right, but canonists and asses' heads. Now they, the greatest number, secretly consider betrothal to be a thing that can be suffered, therefore they must also abrogate God's word when, according to the Pope's Ca.
and statutes to speak and judge straightly. Just as the Jews said, "A man shall say to his father and mother, 'Corban'; that is, 'It is given to you by God to benefit you'. etc. But what does the Lord Christ say to this? Namely, "So that no one honors his father or his mother from now on, and so you have abrogated God's commandment for your own sake, Matt. 15:5, 6.
So the pope abrogates God's word and order, even tramples it underfoot,' and sets himself above God, wants to teach him and lead him into the school. Just as he has set himself above emperors and kings etc. and has trampled them underfoot, and still commands his subjects not to be obedient to them, and has set them free from their oaths and duties etc. But where is it written? The devil in the butt hole. If he were God's servant, he would do like the apostles, who teach that one should be obedient to the authorities, 1 Petr. 2, 13, as Christ also says Matth. 22, 21: "Render unto Caesar the things that are Caesar's, and unto God the things that are God's." So the devil's head sets himself above and against God; as he has deposed many emperors and kings, as Emperor Henry, incited the son against the father, and brought him with great torture under the earth etc.; yes, he does it so that no one can say enough about it.
Because secret betrothals are created and written by the devil and the pope, his creatures and beautiful fruits, and are an accursed work of the devil, therefore everyone should resist and control it, who only can and should, as preachers, lawyers, judges etc. And since the parents are willing to do so, eloquent and moved by the pope's law, which is so deeply ingrained and rooted in the heart that it cannot easily be torn out again, as we see and experience, it is nevertheless a forced and unwilling will, a cold and lazy yes, like a poor thief who is to be hanged, since he says, "I would gladly die," etc. when he would much rather remain alive if he did not have to. Yes, the devil works and finally gets there, as he is then a thousand-fold who does not celebrate, that the parents then take a conscience about it, that they granted this.
have been ordered against God and by the devil; thus, they grieve to death, losing their authority and obedience that God has given them.
Therefore, I, D. Martinus, command in the name of the Lord our God, that no one get engaged secretly, and then, when it has happened, ask the parents for permission, and thus seek a cover of shame and reason to gloss over his evil intentions with it etc. And in the name of the Father, the Son, and the Holy Spirit, condemn in the abyss of hell all those who adhere to them and help promote such devilish work (the secret betrothal), amen.
Thus, not only the secret betrothal of the children is condemned, but also the parents' consent, which is the first thing that follows. For it is not a good, free, fatherly will, but an imposed, unwilling will, for it comes from the devil's cunning, on which the secret betrothal is based, because it confirms that which was instituted by the devil and is against God; which no one can ever recognize as good and right, if one would only open one's eyes and follow God's word more than the devilish pope's statutes and tyranny. Hence it is that parents grieve to death over this without being deprived of their goods, and their consciences are confused.
And since it may be thought that I am too hard and that I am too hasty, let it be remembered that I have a serious command from God, and that I cannot do otherwise than to preach the word of God and to punish and tear up the devil's statutes and lies. I should not approve of people pretending that it is a good, honest thing; yes, a damned thing that should not be protected, nor defended as right and seen through the fingers, as if it were not done wrong when children secretly get engaged and the parents have to agree to it.
Who will blame me here for punishing? The burden is on me, I shall and must answer for it, as God says in the prophet Ezekiel, Cap. 3, 17. 18. and Cap. 33, 7. 8. says: "I have set you as a watchman" (to watch over things) "over my people, I command you; if you say anything out of my mouth, I will punish you.
hear that you are to warn them on my account. If therefore I say unto the wicked, Thou wicked must die; and thou tellest him not, that the wicked may be warned of his nature, the wicked shall die for his wickedness' sake, but his blood will I require at thine hand" etc. Therefore, if I see that the devil entices me with secret betrothals and other misdeeds, sins and disgraces, and draws on my parents' consent, which is then forced and wrested, and is not a free good will, and I am to consent to it, and take it upon myself as if it were done right, I will leave it. I will pronounce my judgment against you, saying, "It is against God, whom you greatly anger by this, for he has earnestly commanded that children should not betroth themselves secretly, that is, steal, without the knowledge and will of their parents; for he says to Jeremiah in 29, v. 6: "Take wives for your sons, and give husbands to your daughters, as Samson did when he saw a mead in the land of the Philistines, he said to his parents, "Give her to me as a wife" etc., Judg. 14, 2.
This is necessary to say: Firstly, so that young people know that God has thus commanded, if they want to marry, that they should request and ask their parents for it, and not to get engaged, either against their will, or with their consent. On the other hand, I have to say it also for the sake of my conscience, to save and facilitate the same. Whoever does not want to follow God, let him always go, and he will know it. Since you do not want to hear it, nor suffer it, I will stand down every hour and hand over the preaching chair to you. But see how you will answer for it. God does not joke with him; know how to judge yourselves. 13)
22 Another sharp admonition to the jurists.
Dear people, you want to give me credit for my thoughts, since I will be a bit fierce
1) Aurifaber's marginal gloss: Dergleichen hat der liebe Mann Gottes geschrieben sehr ernstlich an die churfürstl. sächs. In the St. Louis edition X, 694 ff.
on the lawyers, because you shall hear reason enough, why it happens. We have now written many times, almost in all books, and we have painted it in such a way that it should be easy to grasp how the spiritual kingdom of this Lord Musk, 1) Jesus Christ, at Bethlehem is to be distinguished from the worldly kingdom, that it is almost too much and superfluous; yet the most learned, most understanding lawyers do not want to know or understand it, but mix everything up, entangle it, mislead the consciences and lead them into uncertainty.
That is why I have to wash their fur here (but we do not want to forget Mr. Moschel) and take the pope and his lawyers to school: because they are so coarse and incomprehensible that they do not know, we have to teach them. But we are not to learn from them. Even if they let themselves think that they know the art, they still lack it by a long way. For since they do not yet know how far the kingdom of the Lord Christ is distinguished from the kingdom of the world, they know nothing at all, and are gross idiots.
But, dear people, do not accept my wrath, which I have against the lawyers. I will take up with them in the bite and in the right, and (if God wills) carry out with God's word. For if they will not do otherwise than they pretend, and also want to take hold of the Lord Christ's kingdom, then I will not, cannot and will not suffer it, even if a hundred thousand lawyers were melted into one heap: they shall leave this regiment to me contentedly, not mix themselves into Christ's kingdom, nor confuse and dispute the consciences, or I will give them a Latin that will be too difficult for them and will please them badly: in it they may then use all their art, understanding, wit and law, and yet everything shall be too short for them.
And even if they say, "Oh, we won't do it," I know very well that they will do it, and they will force themselves to bring the pope and the bishop of Mainz back into the church with their shit and deceit, and to re-establish the devil's kingdom, which we have rejected with God's word. No, listen, I am not here for that,
that the lawyers should teach me what it means to govern and comfort the consciences. They are still too green for it, they know, with breeding, nothing about it, how one should keep house and lead the regiment in the church of God, so this Mr. Moschels realm is. I will not suffer it from them, so they may judge themselves by it and no other. They shall learn and suffer from me, otherwise they must not take it into their heads: if a hundred thousand lawyers were sitting on top of each other, and were as wise and learned as their Papinianus, even Solomon; for they take hold of our Lord Christ's spiritual government, and want to have their hands in all things, everything shall be done and directed according to their right and head: they want to do a shaky and tottering work and cause trouble in the consciences of men, whom we have hardly raised up and brought to certainty.
No, dear fellow, it is not a matter of wavering among Christians, but of playing the game of conscience. And as St. Paul says in Eph. 4, 14: "That we be no more children, being swayed and weighed with all manner of wind and doctrine, by the craftiness of men, and deceitfulness, to deceive us." And again Col. 2:4, 8, 18: "But I say of this, that no man deceive you with reasoned words. See to it that no one deceives you through philosophy and loose seduction according to the statutes of men, and according to the statutes of the world, and not according to Christ. Let no one deprive you of your goal, who walks along in humility and the spirituality of angels of his own choice, having never seen any, and is puffed up without matter in his carnal mind" etc. Like the pope's law and the highly learned jurists, who hang in the pope's butt like the great lumps etc.
23. a different one from lawyers.
2) There is one more thing of which I must give you a reminder. I think that all devils are present with all force. Our nobles, the lawyers, are subject to it,
1) i.e. ruler.
2) This § is the second part of the sermon against the jurists, either on Sunday Reminiscere or Judica, 1539, introduced by what we have left in h 51.
to publicly read the Jus Canonicum, the papal filth, to the youth, to praise it highly and to imagine it as if it were a delicious thing; which we, with great effort and work, have expelled from our church, rejected and condemned, and have proven with sufficient causes that it is not to be suffered nor tolerated in the church. But they want to bring such papal stinking filth back into our churches with pride and to our annoyance.
But I want to admonish you very seriously: do not try me too hard; if you are too comfortable, I will drive away the tickle. If you cannot bear that I have made you beautiful and white, then I will make you black again, and the devil shall ravish you. I will tell you where your damask and velvet showers come from. And if you desire it, I offer you defiance to fight with me for it. What, do you think I don't know what lawyers can do? I will tell you, are you lustful?
I am not afraid, praise God, of any lawyer, no matter how skilled and learned he may be. Put on your horns, if you are funny, I will put on mine too, and I will push you so that your back will crack. If you do not want to believe it, try it. I would have to be a poor Doctor Theologia, if I should be afraid of the jurists or learn from them. I know better what Jus Canonicum is than you will ever learn and experience. They are donkey farts; if you like, I will give them to you to eat.
Therefore I advise: let the old dog sleep; but if you awaken him, you shall not easily bring him to rest again, and do not bachantesire and protect 1) yourself much. O! what are the theologians? say the lawyers, it is vain bachantesire and protectiveness. But I will make you bachantes and protectors again, and you shall stink. This I will have sworn to you. You shall not rule us theologians, nor reign over us. The rule and the regiment (in the church) is ours, even if you become mad and foolish all at once. If you do not want to grant it to us, then you must, and the devil shall not know how to thank you for it.
1) Bachant and Schütz are beginners, ABC students.
And take the donkey farts out of the church, that's what I want to have; if not, you have to. There is nothing else in the whole papal, maligned, godless law (I should say: injustice) but donkey farts, in which one cannot learn even the smallest point or the smallest thing about faith, love, or sacrament. Protectiveness, yes, bullyism it is. And you want to prove your art in disgracing this whole church and throwing it to shame, to miss the poor youth with it, to disgrace yourselves, too, with great pleasure, and above all, to defy us with it. Yes, I will teach you well.
Is the devil in you that you do not know what to do? I thought you had enough to learn and study about imperial law; you should not also neglect and prevent the innocent youth with the donkey's farts. Otherwise, Jus imperatorum, the imperial law, is studium infinitu, in which one has enough to study. You should thank God that you would be rid of donkey farts if you knew what you should do for pleasure.
But I also think that the silver lawyers of the Thaler do such disgrace because of the holy church. Come on, I will atone for your lust, you are commanded to defy me. Do you dare to do this, because I am still alive, what will you do after my death? Well, I will have admonished you and also asked you to know it. If you are so comfortable with the donkey's feet, eat them elsewhere, and do not make a stink in our church.
24. faithful admonition and warning, especially to the jurists, and how one may blessedly study in law.
The lawyers are very upset, complain vehemently, and are angry with me for preaching so harshly to them. Well, how shall I do to him? I, as a preacher, must punish and say what is wrong, at the loss of my soul's salvation, as God says in the prophet Ezekiel, Cap. 3, 17. 18., that I should give an account for you. And if I punish thee for thine iniquity and sin, wilt thou still be angry with me? If I do
out of foolishness and ignorance, you would have cause to be angry with me; and if I commanded you as D. Martinus, you should not obey me. But because I do it as a servant of Christ, and tell thee by commandment of God Almighty, and of the high divine Majesty, who hath commanded me to tell thee, and to proclaim it, and to warn thee, thou shalt obey me justly. For if thou repentest not and amendest thyself, thou shalt die and be eternally damned; but I, if I have told thee, shall be excused. If I did not have to give an account for your soul, believe me, I would let you go unpunished.
Therefore you should have patience with us poor preachers, who preach not our word but God's word and command, and think: The priest will be eternally damned if he does not punish you; and if he does a little too much, he does not condemn me for it, so that it will harm my soul, but will bring me to salvation. For what he does, he does not do for his own person, but in God's stead: he who punishes, teaches etc. through him, as his instrument. Therefore I will not act so hostilely with him, nor blame him when he punishes me: otherwise, if he did not do it, and let me go thus in my own and merciful mind, and did not tell me, etc. I would be condemned with him.
We seek nothing but the salvation and happiness of your souls; yet you have not so much brain in your heads as to think: Behold, the word is not his, but God's, the high Majesty in heaven, to whom we shall be obedient, and consider his Christian admonition and warning good, and so accept it as if God Himself spoke to you etc.
But if thou wilt not hear the word of God, and I must be silent; then shall the devil bring thee other preachers, whom thou must hear, than the Turk, Pabst etc. The same ones the lawyers will gladly listen to. Now you have preachers who must answer for you. If you do not want to hear them, nor have patience with them, see where you will stay. We do not seek to be lords over you, as the pope does, but for the glory of God and your salvation, that you may
May you live godly, righteous and sober. If you want to be impatient and angry, go to the devil, the pope or the Turk, and they will teach you good manners.
This is also the case in the secular government. If a mayor or a judge punishes or does something good and necessary, they throw out the windows. Who wants to govern or preach in this way? If they were people, they should think thus: God has ordered and commanded that the subjects should be obedient to their authorities: now you are under this or that authority, they have a great burden on them, which they have to bear enough. But if thou thinkest that injustice is done thee, deal with it in an orderly manner, do not storm so, do not avenge thyself. But they are not people, but devils.
Hear for God's sake what the Holy Spirit earnestly commands the Ebrews in the epistle, and says of preachers and other overlords Cap. 13, 17: "Obey your teachers and follow them, for they watch over your souls, as they must give an account for it" (that is a hard word), "that they may do it with gladness, and not with sighing, for that is not good for you." These are the words of the Holy Spirit: they must watch for you, and give an answer; and still have the heartache for it.
Well, no one wants to have sinned and done wrong, from the highest to the lowest, yes, everyone still wants to defend evil. There will never be any repentance. But where there is no knowledge and confession of sin, there can be no forgiveness; therefore our preaching and admonishing is in vain.
Now people complain about lords, noblemen, lawyers, burghers, peasants, etc., that they weigh people down hard, translate, flay and scrape, and do it as they want, beyond all measure: they drive their wickedness and drudgery longer and longer. Thus sins increase daily and get out of hand, in all classes by all means; and yet no one wants to have done wrong, nor to have sinned. One can no longer sin now. Despite who may tell me and blame me. They talk to me about my honor. Shoot, this one,
that one! What does it matter to the priest? That this and that pass him by etc.
Now what shall I do with my exhortation to repentance, since no one does wrong? And when we punish, one as well as another, no one excepted, in all classes, they grumble and are angry, complain that we do them wrong. So now the jurists are complaining, they are very pleased and angry with me for punishing them and attacking them so harshly. But I must do it for the sake of my office and conscience, and if I did not, I would have to be condemned with them and put my soul in the stocks. I do not condemn pious lawyers; but I will faithfully advise you and tell you what you should do and how you should conduct yourself, and study blessedly with God, usefully and fruitfully in law, and become a right lawyer in whom God is pleased, and who can serve countries and people with a good conscience and glory.
So do to him now:
In the morning, when you have risen, take your Psalter or Biblia before you in the fear of God and humility, from His command, and read a psalm or a chapter, and consider it diligently. Then fall on your knees and say from your heart in the name of Christ: Almighty, eternal God, heavenly Father, you have decreed and commanded that I should study law, learn and speak what is right; therefore give me grace and blessing to seek and find the truth alone, and do only what is pleasing to you, for your honor and for the benefit of country and people, for the sake of Christ, your dear Son, my Lord and Savior etc.
That is what God likes. And if you pray in faith with all your heart, your prayer will surely be heard. Then go to and fall into the books, study diligently and confidently with joy, and He will give His blessing and prosperity to make you a fine useful man. For one.
On the other hand: Beware of the pope, the anti-Christian. For even today one finds lawyers everywhere, even in our country, who consider his stench to be bismuth and sanctity. Then put the cross in front of you and
Say: One should be obedient, not to the preceptoribus, in this case, but to Christ; he alone should be heard. As I have said concerning secret betrothals. These, together with other foolish and puppet works, tear out of your books, even your hearts, and speak what is right, not from papal, but according to imperial laws, which are according to natural law, and are not contrary to God's word.
I am well pleased that you are and will be a lawyer; but beware of the devil, the pope and his decrees. And if they want to teach you what is contrary to God's word, put the cross in front of you and go away: for such teachers and doctors are not God's, but the servants of the wretched devil in hell who has possessed them.
Therefore, be faithfully warned and admonished. I say again: we do not despise the jurists, but only punish the abuses and the pabst's blasphemy. Beware of this, as dear to you is your blessedness. Pray, be faithful and diligent in your office, help to end things, not to prolong them; as it commonly happens that they are postponed for many years, that both parties and attorneys fly out over them and die. For this reason, shorten the proceedings and settle them with two', or at most, three sentences for judgment in good matters: for you shall not accept evil, much less serve in it, nor defend it, against your conscience.
Yes, you might say, if I don't do it, someone else will, and he'll take the thalers in the meantime and run the show for him. Alas, it is all too true, and that is also what I am complaining about. But you, if you want to be a Christian otherwise, and not be condemned forever, do not indulge in such robbery and drudgery, by which the people are sucked dry and the advocates fattened. For it is a real drudgery; as a knacker once came to a silver lawyer, and said: Luck to you, God honor the craft. Then the doctor became unwilling. Yes, said the knacker, we are indeed of a craft, although we are in a degree more sorry, and not so great knackers, as you lawyers, although you do not want to have the name; for we knack dead animals, but you live people.
25. of rights and courts.
(Lauterbach, March 25, 1538, p. 46.)
On March 25, a certain citizen of Wittenberg came to ask Luther for advice in his case against Albrecht, Count of Mansfeld. Luther answered: You have a good cause, you only lack judges. For in all legal matters there are mainly two obstacles. First, if someone is right without being able to prove his right. You have both of these. The second obstacle is: a judge and executor. You lack this. Truth and right are well written in books, but they are nothing in practice. That is why D. Hieronymus Schurf said: The devil lead me, if it happens so, as it is written in books. Ah, truth, justice and righteousness is a hateful thing to the world, as Pilate answers Christ. No one suffers the right who otherwise dares to defend himself. The right is in the weapons, and it happens a metathesis, jus is vis.1 For if they are powerful, they drag the matter out with long circumlocutions, and long damages follow. It is very dangerous with jurisprudence. Every man of goodwill should know the law, only to defend himself, that he may understand and hinder the wicked wiles of the world. Such a man is D. Brück. Other godless jurists, who seek only their own, have the right in arms.
After that he said of the jurists at court. If they have good sense and are only mediocre in jurisprudence, they are gradually sharpened by examples so that they become excellent by practice, more than those who lecture, who are only concerned with theory. For the court has things from which wisdom comeswhich govern the world, and not books [govern the world]. Therefore, in all estates, things and practice make people more learned than knowledge. Reading the Bible would never have brought me to the knowledge, if the things and the occasions at the opponents had not taught me. In the beginning, I would have been able to understand the Mass and the monastic
1) Metathesis, i.e. rearrangement of letters; ius the right thereby becomes uis, force; u and v were not distinguished from each other in former times....
I defended myself with life and limb, but the matter itself taught me otherwise. So with the sacrament enthusiasts, the thing taught me that I held fast over the words "this is my body" and cared nothing for their digressions, and only held fast to the thing.
26. lawyers do not know cause to indicate from the spiritual right why the pope has forbidden the priests to marry.
(Lauterbach, Jan. 16, 1538, p. 12.)
Luther: When I saw the godless tyranny of the celibate life to some extent in the beginning of the Gospel, I did not trust myself, and approached D. Hieronymus Schurf that he would show me the cause of the celibacy from the Decretals, why such a great tyranny was imposed on the priests. (I never thought of the monks, because they were under the vow, but only of the parish priests, who cannot maintain the household without marriage). But he could not raise anything for certain, but answered that the pope does not force anyone to the priesthood. And so he could not answer my question. 1)
27 M. Luther does not want to suffer lawyers to teach him.
When D. Martinus began to preach about baptism in 1532, he came to the jurists and judged them thus: I do not want to suffer that Duke George, because otherwise he cannot do anything with me, 3) brews in our lawyers, that they truss me, and dictate to me what I should preach.
28. that it is dangerous to be a lawyer.
(Lauterbach, May 12, 1538, p. 80.)
It is true that jurisprudence according to the pandects [civil law] is a very good faculties, but now only the practice is driven before the court. Therefore it is a very dangerous profession, and D. Benedict Pauli freely admits that if he had many sons, he would
2) What follows in this § are several phrases that are repeated in Cap. 66, § 51; most likely spurious, therefore omitted here.
3) So Selnecker instead: with not nothing.
not allow anyone to study law. I will also forbid it to my sons 1). For true law has been abolished, just as theology under the papacy was only a name and a sham. God will preserve His kingdom against all deceivers of the devil through sincere church servants. For the Gospel is in danger from sectarians and rebellious peasants and belly servants, as once the Roman Empire was in Rome.
Lawyers and regents must believe the testimony, and speak and judge according to it.
D. M. Luther was asked: "Did David do right, 2 Sam. 1, 15, to kill the one who said he would have stabbed King Saul, and yet he did not do it? Then he answered and said, Yea, he hath done right. So a judge does right when he pronounces an unjust verdict on the basis of the testimony of witnesses, who must be believed in what they testify and be satisfied with it if the judge does not know otherwise. The jurists must also do this and believe the witnesses; if they find out 2) afterwards that what they have testified is not true. For truth is in the mouths of two or three. Deut. 19, 15. Thus they have a rule: A judge should speak according to what has been presented and proven, secundum allegata et probata.
30. jurisprudence has no certain proof.
Demonstratio remains in specie specialissima: certain proof cannot be missing at all, stands only in that, which has no excerpt at all, and on nothing else can be interpreted and directed. But now a jurist deals with the particularibus, which are common and can have various extracts, therefore he can have no demonstration and real certainty. But a theologian does not err, in that he has God's word, pure and unadulterated; but a jurist cannot.
1) Cf. § 39 and 46 of this Cap.
2) So Stangwald. Aurifaber is missing the word "gleich".
3) d. i. no exception.
He must be sure that he can say it all with a single nail, and that he can always hit the right target. As in this case, when one has killed himself, there can be no certain demonstration and proof, for it is far-reaching, like all morality, to concern outward good breeding. It is evident from the deed that he has hanged himself; but if the devil should come and conduct this affair, all princes and lawyers would be too weak to do so. For he could say that he had struck him on the neck, pushed him himself, put the knife in his own fist, and put the rope around his neck, as the devil often does and is wont to do.
Although it is true that he who kills himself does wrong, it is not strictly and certainly true that he has killed himself; therefore there is no demonstration that it is not certain and otherwise; and yet God allows such a murderer who has killed himself to be judged and condemned by the authorities. Therefore moralis Philosophia, the art that deals with external discipline, has no demonstration and certainty. But Scientiae Mathematicae and natural philosophy have demonstrations and certain rules that are not lacking; for in these there is no change, but it always remains certain: as, one always remains one, two two, three times three nine etc.; the whole is greater than any piece of it etc. But in moral philosophy, which stands in outward good customs and discipline, there the materia, that, with which it deals, is changed according to the circumstances. But a judge or jurist is excused if he does what concerns his office, and acts according to the laws described with diligence, and discusses as much as he can, in the fear of God: even if he does not hit it all at once, the same belongs to the Lord's Prayer: Forgive us our trespasses.
31. of thorough proofs.
Evidence is of three kinds: one is quite certain, which cannot be lacking; the other is proven, that it is commonly so; the third is sophistical or evil. In the proven one belongs what in medicine and jurisprudence comes from art, from certain causes and rules.
For 1) a jurist can say: This one has killed himself or another, therefore he is a murderer or death-beater; but it is no demonstrative nor even certain proof, which cannot be missing; because one can say: I do not know how it happened to me; because many innumerable cases are, which can happen approximately, thoughtlessly and against one's will. 1)
That is why they themselves say: in moral material, as far as external good breeding and discipline are concerned, the means of virtue should be well judged, considered, and held according to the certain purpose, so that it is hit when it is possible. But this is often lacking. But it is not so in the Scriptures, which have their certain rules and proofs that cannot fail nor be false, as when they say, "He that believeth shall be saved," Marc. 16:16. Although it cannot be known who believes, yet this is certain: He that believeth on Christ meets the right end. Circumstances do not change anything here, so whoever, if, as, where etc. he wills, believes, he will be saved; for one cannot fail in Christ, having been presented in the Word and having believed in Him. He that lacketh, hath lacked altogether.
But in the right there is no case nor action that could not become uncertain in a case. For the same things that occur and happen beside or at the same time are innumerable, which make the substance and essence of it wrong and unjust. Thus adultery is sometimes not adultery; as if one slept ignorantly with his own wife, and thought no otherwise than that he slept with another. That is why it is said in schools: accidentia possunt adesse, vel non; accidental things can be there or not there. So it can sometimes happen that patricide is not always a sin, as if the son unknowingly and against his will, approximately, hit his father, and he died of it etc.
Therefore, no certain rule can be given that cannot be missing at all, one must include in so many excerpts 3) to oerterns 4) whether one cannot always be sure of it.
1) Here with Stangwald "like" is omitted.
2) So Stangwald instead of Muthwillen.
3) d. i. Exceptions.
4) So Stangwald instead of: "zum örtern".
Nevertheless, one must not leave it standing and do nothing about it; but do as much as one can in the fear of God, from His command, and let Him rule, and say: Dear God, You have placed me in this state and commanded me to do this: I do this as much as I can with Your help, give blessing and prosperity to it; if I do too much or too little, forgive me for the sake of Your dear Son. But in theologia there is no exceptio nor excerpt, there one must be absolutely sure that it is thus and not otherwise. For a theologian and preacher must not say: Lord, if I have taught wrongly, forgive me; but what he teaches and writes publicly, of this he must be certain, and say: God has spoken, taught, written, and is his word, therefore it is certain truth.
32. Comparison of jurisprudence and medicine against theology.
Above I have said much about demonstrationibus and certain proofs, which are not lacking, but always certainly true; which has this opinion and understanding, that in rights no case can be given and indicated, which one could prove certainly, so that not at all lacked; because the quarrel is always in Minori and above the other proposition of the final speech.
But I like to talk about this trade, because it distinguishes the professions and ranks among the scholars in a fine way; namely, that the right are Moralia, deal with the things that concern external and good discipline. Therefore the emperor is a moralis philosophus, disciplinarian and teacher. But medicine is natural philosophy, an art that deals with natural things and has to do with them. Nature cannot come higher than to preserve the body and the mind, than to preserve health and good morals. A physician prepares the instrument, that is, the body, which a lawyer should use properly. After these comes theology, and says: We must also have something after this temporal life, namely, eternal life, which is given to us by grace, without our merit, free of charge, for Christ's sake through faith.
Aristotle is the best teacher of one in Philosophia morali, how one should lead a finely chaste external life; in naturali Philosophia he is no good. For when he disputes natural things, he says in general whether a thing moves or not. The same, however, is the same as if a physician said, "Your body has its movement from health to disease: whoever becomes ill has been healthy before; but he should call the disease by its proper name, expressly, specifically, and indicate what it is called.
But theologia has its special, explicit, certain demonstrations, reasons and rules; as Luc. 10, 16: "He who hears you", says Christ, "hears me" etc. You hear me in him who is God's servant and teaches His word, therefore you certainly hear God Himself. Item: Whoever is baptized is baptized by God and becomes blessed. You are baptized; therefore you are baptized by God and will be saved. This we must know, that whoever is baptized will be blessed. And even though we cannot really and certainly know who believes, it is certain with God that whoever believes will be saved. Neither the jurists nor the Medici have such special, certain demonstrations and rules; they have common rules, but they do not teach anything certain.
33. what is praiseworthy in rights.
(Cordatus No. 395. 431. 432.)
I like that the rights are always more favorable to the defendant than to the plaintiff. For if the accused has no advocate, the court day can be postponed, which is not allowed to the plaintiff. Thus it is better for a tyrant to be in fear than for those who are plagued by him.
God will receive His word from earth in the pen.
The theologians are the keel on the feathers, the lawyers the stocking. 1) But if they do not want to keep the keel on the feather, they ruin the theologians and themselves.
1) D. i. hull. Cf. Vol. VII, 610.
34. spiritual law.
(Contained in Cap. 32, § 5.)
35. the jurist's art.
What great and delicious things can lawyers do, even if they boast highly and want to master and rule everything, even that does not belong to their art? For if they can do many things, they can build and erect a kitchen and a dishing house. If it tastes good in the kitchen, it tastes all the worse in the dishonest place of the house, said D. Martinus, thus touching the lawyers' belly.
36. of the jurists' piety.
When D. Weiler and D. M. Luther were discussing with each other about the piety of theologians and lawyers, D. M. Luther said: Being pious actually belongs to the theologians, not to the lawyers, as the world is now; although they should also be pious before others. And he went on: M. Georg Rörer and Amsdorf are pious theologians, but only one jurist is pious and wise, D. Gregorius Brück.
37. the theology preference.
The jurists must let the theologians sit at the top, or must go down to the lowest, they may be guided by this; otherwise nothing will come of it. However, for the sake of avoiding greater 2) evil, one should tolerate a few. This we will gladly do with the lawyers and be content; only that they do not grasp so hard at our Lord God's beard, that he cannot suffer: so we, who are his servants, shall not suffer it either. So we come to blows with one another and scuffle. But God helps the weakest here and saves his honor. Even if some of us succumb to it and fall to the ground, there is nothing to it; God will and must finally prevail and keep the field. This and no other.
The jurists are (de facto) against God by deed, not (de jure) by right. For since God is a Lord and Founder of all good and honest rights, as Solomon says in his
2) So Stangwald. Aurifaber: "great".
As Proverbs says in chapter 8, they should fear him and judge themselves and their rights according to his word and will; they should not use and interpret against him according to their own head and pleasure, to his shame and to the harm of other people. As, unfortunately, is seen and experienced all too often. Therefore, it is very dangerous to be a lawyer now; although the art, as a gift of God, is right and good, but the abuse is wrong and criminal.
38. disagreement of jurists and theologians.
There is an eternal quarrel and struggle between lawyers and theologians. Just as law and grace are not compatible with each other, for they are opposed to each other; so lawyers and theologians are also at odds, for one always wants to be higher than the other. This is the reason that the jurists want their thing to be considered the highest. They have now ruled for four hundred years, and have always despised the theologians, and have been disgusted with them. When I studied at Erfurt, the lawyers were allowed to offer theologia to the doctoribus: Don't the donkeys know how to walk? They were called donkeys, and yet they were cathedral provost, decanus and in the regiment. Now, because their rule is taken away from them and their things are overturned, their books are rejected and they are expelled from the church, and they do not want to let them rule the church and appoint parishes, they are lazy. Therefore the theologians and jurists will never be one: they want to be in the church and govern the conscientias with it; we do not want to suffer that. We have read their books: they do not let go of their negation.
Therefore it is a special grace, if a lawyer is to be a good Christian, there must be the Holy Spirit. For, as Doctor Henning said, if you give in to one thing, they always want to have everything. If our gospel is right, as there is no doubt about it, then the Pabst's fair cannot be right. We have finely distinguished how far the lawyers should go with their regiment; but they do not want to do it, they want to rule over everything alone. The regiment is the primogeniture of Esau and Jacob; Esau wants to rule, and Jacob owns the regiment.
At another time D. M. Luther: Our jurists pronounce a verdict for me in the Consistorio, quod pertinet ad conscientiam regendam: that belongs here in the church for me D. Martinum and other theologians. Extra conscientiam they shall speak, not intra conscientiam; they shall have jura corporum et famae, there we theologians ask nothing. But that they want to fall into the spiritualia and rule the conscientias, that we cannot stand.
Item, he said: We have to tear up the Consistory, because we do not want to have the lawyers and the Pope inside. The lawyers do not belong in Ecclesiam with their processes, otherwise they will bring the Pope in again.
39 Theologians praise jurisprudence highly.
Take all the lawyers in the whole world and see if one of them has praised theology and holy scripture as I have praised their profession and art. Dear sirs, we theologians praise and extol you highly; but you do not do so again. All lawyers do not esteem God's word as great and high as we esteem them. Only D. Gregorius Brück gives to God what is God's, and to the emperor what is the emperor's; but the others do not give it to God, but to themselves. He runs daily in the Bible, because he wants to be sure of the teaching. How then, truly, it is highly necessary for everyone who wants to be a Christian and to be saved.
Summa Summarum: Our life is called Remissio peccatorum, forgiveness of sin, otherwise it does not want to keep the stitch 1). Theologia deals with God, it cannot court God as much as a jurist can do with the temporal and with the thalers. That is why lawyers have greater speculation and thought, said D. Martinus.
Then he took his little son in his hands and said, "If you were to become a lawyer, I would not be satisfied with you. He must become a preacher, he must baptize, preach, administer the sacrament, go to the sick, and comfort them and other afflicted.
1) So Stangwald instead of: nothing.
40. the scholars the perverse.
A jurist, if he is not illuminatus doctrina Christiana; a medicus, if he is not instructus doctrina Christiana; likewise also a poet; so it is rightly called: A jurist an evil Christian; item: The scholars the perverse.
41. difference among lawyers.
(Lauterbach, Nov. 20, 1538, p. 176.)
After that he said to Doctor Heinrich Schneidewein that he was suitable for his law faculty by his dispositions and nature, and he made classes of lawyers. Some are by nature, like D. Brück, who would be very excellent by nature, effective and powerful in practice. Some are artificial [jurists], who are capable of much in advice, like D. Hieronymus Schurs, but in practice he soon lacked. Some are quite righteous, like D. Sebaldus (Münster) [in Nuremberg]. Some are quite devilish, like Türck, Breitenbach etc.
42. difference of the right.
(Lauterbach, July 7, 1538, p. 97.) [MISSING TEXT.]
Natural law is the practical basis that has to do with morality, forbids evil and commands good. The given [positivum] right is a judgment, has an epitome of probable reasons and agrees with the natural right. The cause of this [natural right] is God, who created this light. But the cause of this is the authority, as theft has the punishment of hanging according to the given right for the sake of acceptable causes; not like the law of Draco, who condemned all thieves, if they had stolen even one hen, to hanging, which has no acceptable causes and is against nature. That is why that law was said to be written in blood. But still the punishment must be carried out more severely in wilder nations.
43. of Saxon law.
(Lauterbach, Nov. 22, 1538, p. 177.)
Then he spoke of the gross barbarity of the law of the Saxons, which had very strict laws, and it was very good that the common and imperial law remained throughout the empire. But it is too deeply torn, and a change could not be made without great confusion. Thus the law of the Saxons is inequitable against women. If a man, at his death, leaves behind a wife who has lived with him faithfully for many years, she is forced to go out like a maid, because the law says that only a chair and a distaff are to be given to the widowed woman who is left behind. This is interpreted by the lawyers according to the grammar: A chair and skirt. Thus a pious woman would be worse off than a maid. But I understand chair and skirt allegorically: a house and livelihood, as also the lawyers interpret this allegorically: The four stakes for the whole house.
After that it was said that Doctor Fachs had tried to bring the Saxon law into an order and method. Luther said: He will work in vain, as if I wanted to conjugate the verbum sum regularly: sum, sus, sut.
44. the jurists justice.
The righteousness of lawyers is a worldly, external righteousness; but ours, of theologians, is in praedicamento relationis, 1) a foreign righteousness, namely of the Lord Christ, which God gives us out of pure grace, without all our merit and good works, to those who grasp it by the word with faith.
45 Few lawyers, many procuratores.
D. M. Luther said: "There are few lawyers, but many procuratores and tongue-thrashers. Now everything goes to the forms and practices for the sake of enjoyment. But you lawyers will also have to have a Luther, like the theologians.
1) I. e. belongs to the category of relationship. Cf. cap. 38, z 3.
The world is governed by opinions.
The jurists rule the world only with opinions and opinions, not with the law; that is why many things are often postponed and conducted until the tenth year or longer. If one governed with laws, then it would go through soon and quickly. For law is called and is, first, that which is thus decided by wise men and considered good and useful; second, that which is publicized and publicly proclaimed; and third, that which people have accepted and need, which a city and all its neighbors know. That is why Doctor Henning and SchUrf used to say that they did not like to advise anyone to the Faculty, not even their own children. God keep my sons, said Doctor Martinus. My last will is that no one in Jure promonire.
47. what is in D. Basilii M. Promotion proponiret.
Anno 1539, the 16th of January, was D. B. M[onner's] 1) graduation in the castle church, there was also the Abbot of the Naumburg at St. Georgen, a pious, God-fearing husband, who prepared a school on his own food and from the income of the monastery, and daily fed the schoolmaster and his journeymen together with several boys. He was placed first after the rector. After his graduation, Johannes Luther, the son of the doctor, propounded a question to the new doctor, which he was to explain, namely: Whether Augustine and Emperor Honorius had done right, that they had taken the spiritual and church goods from the heretics and given them to the Catholicis and righteous, Christian pastors and teachers? etc. This annoyed D. j. SchUrf, and left the church soon after the actu, since the promotion had only happened, and did not come to the prandio and meal.
48) How pious lawyers do it.
(Cordatus No. 649.)
It will be the same for the lawyers as for the theologians. For that is why they are hostile to us, that
1) Bindseil I, 291.
we tell the truth to the world. If the lawyers also tell the truth to the nobility, you will have it as good as we do. They despise us both, if they have to know the truth about us. In sum, they say, we theologians can do nothing' and the jurists can do nothing either. Caesar Pflug once said: They must be loose people who handle the Scriptures and have nothing else to do. Finally he died sine lux et crux. That was his business.
You can't give way to the pope at all.
(The first movement in Cordatus No. 1680.)
Theology gives life and blessedness, all other faculties only nourish the body. Since one of these faculties wants to resist theology, this is not to be suffered. Since we yield to the pope in only one article, we are caught in all of them. But the pope will not yield to us even in the smallest article. Well then, I will offer the chair to our lawyers, and gladly follow them, only that they do not press against the conscience of Pabst's kingdom and regiment. Since they want to defend this, there can be no peace among us.
Item: Our church after us, with our descendants, will have a great lack of righteous ministers of the gospel. Because the monasteries have been devastated, from which we nevertheless had many people for church service; so now they want to spoil our dear youth with their papal filth, and we should remain silent? That would be done against God. If they want to be against us, let them say so publicly, and we will confront them. The ancients said: A legist is a man who deals with worldly things that belong to the government; but a canonist is a pure ass and the pestilence of the church. And these are the ones we should worship?
50 The Canonists' Argument against Doctor Luthern.
The canonists' most noble argument, which they use against our doctrine, is this: Yes, they say, our doctrine is confirmed by emperors and kings, but the Lutheran doctrine is not accepted, nor confirmed by them,
but condemned etc. Answer: God is above emperors and kings, also above jurists; for the legal expert Baldus, one of the most distinguished jurists, clearly says: That God's word and law shall be above all imperial rights. But they keep God's law strictly according to their thoughts, speculative.
Ah, if Bartolus and Baldus had had such time as we have now, praise God! they would have been able to do it much differently. That they have erred is due to ignorance; but our people err knowingly. Therefore the canonists are vain diabolists and pure devils; for because they have now been buried, and have become rich, they vex the church, and make vain despisers. The decretists and canonists, indeed, the majority of the jurists, have never been good, they cannot digest the pope.
This is the first time that the author has written a book on the subject.
Anno 1539, on Sunday Reminiscere, the 2nd of March, D. Martinus once again chastised the jurists in the sermon, as also soon after on Sunday Judica, 1) who reject God's word, and want to rule the church with their canonibus, or with the pope's Drecket: refuted their definition of digamy, of more than one wife. And admonished the young lawyers to study righteously in the law for the benefit and service of the secular government, not to become the pope's servants and asses: they should only not become rich lawyers, as some and the largest number had been and still are, that is, canonists, blasphemers, enemies of Christ and his Gospel.
(Here, 5 paragraphs are omitted, because a more complete relation of this admonition to the jurists is already given in § 23 of this chapter).
52. wrong lawyers blasphemy.
In 1539, Feb. 23, when he had preached a serious sermon on excommunication and banishment, he severely scolded the lawyers and
1) Everything that Aurifaber mentions here as having been preached on the Sundays of Reminiscere and Judica 1539, is also found in the sermon that has already been reported in § 20 of this chapter, which is said to have been preached in 1544.
Canonists, who despised the teaching of the Gospel and confused the young law students in their lectures with papist abominations, spoke shabbily of theologians and called them asses' heads. I do not want to give them that, he, D. Martinus, said publicly: "I have now been silent for three years; if they want to condemn me, for my person, they do it from God's word, not from the Pope's right. And since I would be condemned, as I am not, they should hold in honor, love and value our teaching, which is God's word, which the Holy Spirit Himself leads out of our mouth, even if Caiphas or Judas said so. And even if the canons were the best, we are not bound by them. For we do not want to worship the Pope's dung and filth for the sake of the jurists, they may keep their right for themselves, as good as it is; but they should leave our church satisfied, should not imagine godless doctrine to young people in lectionibus, and mock the theologians. But the ingratitude of the rabble and the scorn and ridicule of the lawyers, which they inflict on the theologians, will deprive the church of faithful servants. At Augsburg, the papists themselves asked the pope to appoint laymen to the ministry of preaching and church service. Just as St. Ambrose was appointed bishop of Milan, even though he was a layman and a man of the world. Righteous preachers will, indeed, soon become thin. One may well thank God for giving them and hold them in honor, otherwise he will take them away from us and put them out of sight; for he cannot suffer his servants sent by him to be despised and trampled underfoot.
The most important thing to look out for in your dealings.
(The first paragraph Lauterbach, Dec. 5, 1538, p. 187.)
The sharpest right is the greatest wrong. (Cic. Rev. 1, 10. § 33. Terent. Heaut4, 1, 48.) Therefore ßðéåß÷åéá [equity] is necessary, which is not an audacious indulgence of the laws and of discipline, but an interpreter of the laws, which sometimes alleviates a circumstance in legal cases, especially such, of
which the law does not mainly speak. It abates them; but this abatement must be of such a kind that it is not an annihilation. For against the natural law and the divine law no abrogation is to be permitted, and necessary moral duties are to be preferred to ceremonies, except in the case of confession.
(The following Cordatus No. 603.)
A young
Lawyer Theologian Regent
wants to have the highest
Right Holiness Obedience;
Success teaches us what this is good for.
54 The jurists have only the peoples right.
The jurists do not actually describe and define natural law as being common to both humans and unreasonable animals etc. For a man, as a master, even according to the law of nature, must be distinguished from other animals and beasts, and something better and more excellent must be assigned and given to him before other animals; therefore it would be better and rightly spoken if they said: Natural law is partly animal. On the other hand, it is not so in unreasonable animals, for these have no right, but only in man; therefore it is not really called by them natural right. For right is actually that which should and must be done. So five and three are not eight, but are of themselves, by nature.
So it is not really said that the law of nature or natural law is in an animal, in that it protects and shields itself from unjust force; for the protection happens from itself and is natural. Therefore, in a beast and unreasonable animal is the deed and the work, not the right, which is only in a man. Thus begetting, bearing, nourishing and protecting children are only deeds and works, not rights. After all rights must be the debit, the must. For one may not say to a sow that she should eat. Therefore the jurists do not actually have natural law, but only the law of nations, which flows from human reason. Right is not a thing, as an animal, so begotten, as a
Tree that brings forth fruit, though nothing is preached of it, saying: but the law is in theology; which is not begotten, but shall come to pass and be done, or does not rhyme: moreover, since natural law is appropriated and given to man, as the lawyers set and describe it, all things are admitted.
55. lawyer stand is now a dangerous stand.
(This § is contained in § 28 of this chapter).
56. lawyers should advise.
(Cordatus No. 1040.)
Jurists are not to be tongues waggers and chatterers, but legal scholars and people who give an account of what is right or wrong. But if this is despised in them, they are forced to conduct lawsuits. In Italy, however, they are held in high esteem, for there they have three hundred florins, while in Germany a legal expert is hardly paid a hundred. Also the pastors should be provided with ample living; but since this is not done, they are forced to cultivate the land, to be stewards etc.
The first two words are: "The first two words are the first two words.
Doctor M. Luther said: Studium Juris, to study law, would be a sordidum, impolite, and nasty thing, since one would only seek enjoyment, money, and property in order to become rich. Then Peter Weller, who was with him in the house and went to the table, said: He would not have the sense and would not do it. Then M. Luther cried out loudly and said to his family, "Wolf, go and ring the great bell and bring water to cool him down. But when he insisted on it and said yes, the doctor asked him whether he was studying in law only for the sake of knowing what is right or for the sake of pleasure. Then he would be nonsensical; but the final cause, why you become lawyers and study law, is the money, that you may become rich.
58. a respectable council at a court.
Nothing, said D. M. Luther, is more harmful than a respectable council. If one hears his advice and concerns, it has hands and feet; but if it is to be started and put into action, it stands like a stubborn horse that cannot be moved.
59. lawyers do not know what the church is.
The lawyers do not know what ecclesia (the church) is. If they searched all their books, they would not find what Ecclesia, the Church, is; therefore they should not reform us here. Omnis Jurista est aut ne- quista, aut ignorista: Every jurist is either a mischievous one, or an ass that knows nothing in divine matters. And if a lawyer wants to talk about it, say to him: "Do you hear, fellow, a lawyer should not talk here before a sow: so he should say: "Thank you, dear grandmother, I have not heard a sermon for a long time. They shall not teach us what ecclesia (church) means. There is an old saying: A lawyer is a bad Christian. That is true.
6V. That the Epiikia must rule in all matters.
The 15th of February Anno 1546 D. Martinus said at Eisleben: That Aristotle had written no better book than Quintum Ethicorum, and he put a beautiful definition, quod justitia sit virtus consistens in mediocritate, prout sapiens eam determinat; there he threw in Ýðéåß÷åéáí; and said further: Legislator rudi materia rem determinat, et si omnes casus praevidisset, tum eos signasset: ergo prout sapiens determinat, etc. This is very nicely spoken. The jurists now want straight, quod justitia sit virtus, consistens tantum in mediocritate. Do not want to allow that, prout sapiens determinat. But what is bonus magistratus, vel bonus princeps? Respondeo: est viva lex. If he wants to be mortua lex, and do only according to what is written on the parchment, it often turns out badly. Therefore, one must have Ýðéåß÷åßáí.
But Doctor Levin von Enden of Magdeburg said to D. Luther: That Baldus wrote:
Illum bestiam esse, qui pateretur se fieri arbitrum, quia onus illud in se transferri patitur, quod alioqui multis prudentibus relinqueretur deliberandum. Then O. Martinus said on it: Melius est, unam esse bestiam, quam ut multi homines sint bestiae. And what are 1) also jurists, so evil, 1) different, because 1)68tiL6?
Then D. Jonas said: "Doctor, now we are accused of this: Since the laity have the power to judge Christian doctrine, they also want to settle and reconcile worldly disputes, and then involve princes and lords in such disputes that nothing good comes of it. Each one wants to be the Vir sapiens. Then the doctor answered: "One should see to it, ut habeant virum vere prudentem; Ýðéåß÷åéá must remain.
Mantuanus vocat jurisconsultos legum tyrannos, cum dicit: Legumque Tyranni rabulae forenses.
61. a whimsical case.
(Cordatus No. 602.)
Cases that happen by chance make a mockery of the highest law of jurists, and it is because the strongest law must not be exercised, but equity. Example: A donkey, which is pulled into a ship and tied to it, moves the empty ship elsewhere, while the skipper is absent so long that the loosened ship and the donkey are wrecked. Here it asks itself now, which of both can be forced to the payment. So also the theologians must preach, keeping the greatest equity, that the people do not become too holy or too evil.
62. aequitas habenda, non summum jus.
(Cordatus No. 452 and 857.)
Those who love equity need not resort to the strictest right, for it must be forgiveness of sins. Before quarreling, one should cut off half the neck of the strictest right, and then equity could find a place.
The strongest medicine is the greatest weakness, the sharpest right is the greatest wrong, the greatest theologian is the greatest sinner.
1) So Stangwald instead of "to be".