Justus Jonas appears to have been shocked at Luther’s ribaldry and
to have given Luther an account of what the lawyers were saying. At
any rate, we have Luther’s reply in his own handwriting, though the
top part of the letter has been torn away. In the bottom fragment we
read: “[Were it really a libel] which, however, it cannot be, yet I
have the authority, right and power [to write such libels] against the
Cardinal, Pope, devil and all their crew; and not to have the term
‘_libellus famosus_’ hurled at me. Or have the ‘asinists’--I beg your
pardon, jurists--studied their jurisprudence in such a way as to be
ignorant of what ‘_subjectum_’ and ‘_finis_’ mean in secular law?
[the end in his eyes was a good one]. If I have to teach them, I shall
exact smaller fees and teach them unwashed. How has the beautiful
Moritzburgk [belonging to the see of Mayence] been turned into a
donkey-stable! If they are ready to pipe, I am quite willing to dance,
and, if I live, I hope to tread yet another measure with the bride of
Mayence.”[978] Thus the revolting untruths to which his tactics led
him to have recourse, the better to excite the minds of the people,
seemed to him a fit subject for jest; in spite of the wounds which the
religious warfare was inflicting on the German Church he still saw
nothing unseemly in the figure of the dance and the bridal festivity.
An incident of his controversy with the Duke of Brunswick may serve to
complete the picture. In 1540, during the hot summer, numerous fires
broke out in North and Central Germany, causing widespread alarm;
certain alleged incendiaries who were apprehended were reported to
have confessed under torture that this was the doing of Duke Henry
of Brunswick and the Pope. Before even investigations had commenced
Luther had already jumped to the conclusion that the real author was
his enemy, the Catholic Duke, backed up by the Pope and the monks;
for had not the Duke (according to Luther) explained to the burghers
of Goslar that he recognised no duties with regard to heretics?[979]
The Franciscans had been expelled and were now in disguise everywhere
“plotting vengeance”; they it was who had done it all with the
assistance of the Duke of Brunswick and the Elector of Mayence, who,
of course, remained behind the scenes.[980] “If this be proved, then
there is nothing left for us but to take up arms against the monks and
priests; and I too shall go, for miscreants must be slain like mad
dogs.”[981] Hieronymus Schurf, as the cautious lawyer he was, expressed
himself in Luther’s presence against the misuse of torture in the case
of those accused and against their being condemned too hastily. Luther
interrupted him: “This is no time for mercy but for rage!” According
to St. Augustine many must suffer in order that many may be at peace;
so is it also in the law courts, “now and again some must suffer
injustice, so long as it is not done knowingly and intentionally by the
judge.
Public-domain text, read in full here on John Shaqi.
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