serfdom, as true Christians, unless it should be shown us from the Gospel that we are serfs.

The Fourth Article.-In the fourth place it has been the custom heretofore that no poor man should be allowed to touch venison or wild fowl, or fish in flowing water, which seems to us quite unseemly and unbrotherly, as well as selfish and not agreeable to the word of God. In some places the authorities preserve the game to our great annoyance and loss, recklessly permitting the unreasoning animals to destroy to no purpose our crops, which God suffers to grow for the use of man, and yet we must remain quiet. This is neither godly nor neighbourly. For when God created man he gave him dominion over all the animals, over the birds of the air and over the fish in the water. Accordingly, it is our desire if a man holds possession of waters that he should prove from satisfactory documents that his right has been wittingly acquired by purchase. We do not wish to take it from him by force, but his rights should be exercised in a Christian and brotherly fashion. But whosoever cannot produce such evidence should surrender his claim with good grace.

The Fifth Article.-In the fifth place we are aggrieved in the matter of wood-cutting, for the noble folk have appropriated all the woods to themselves alone. If a poor man requires wood he must pay double for it [or, perhaps, two pieces of money]. It is our opinion in regard to a wood which has fallen into the hands of a lord, whether spiritual or temporal, that unless it was duly purchased it should revert again to the community. It should, moreover, be free to every member of the community to help himself to such firewood as he needs in his own home. Also, if a man requires wood for carpenter's purposes he should have it free, but with the knowledge of a person appointed by the community for that purpose. Should, however, no such forest be at the disposal of the community, let that which has been duly bought be administered in a brotherly and Christian manner. If the forest, although unfairly appropriated in the first instance, was later duly sold, let the matter be adjusted in a friendly spirit and according to the Scriptures.

The Sixth Article.-The sixth complaint is in regard to the excessive services demanded of us, which are increased from day to day. We ask that this matter be properly looked into, so that we shall not continue to be oppressed in this way, and that some gracious consideration be given us, since our fore

fathers were required only to serve according to the word of God.

The Seventh Article.-Seventh, we will not hereafter allow ourselves to be farther oppressed by our lords, but will let them demand only what is just and proper according to the word of the agreement between the lord and the peasant. The lord should no longer try to force more services or other dues from the peasant without payment, but permit the peasant to enjoy his holding in peace and quiet. The peasant should, however, help the lord when it is necessary, and at proper times, when it will not be disadvantageous to the peasant, and for a suitable payment.

The Eighth Article.-In the eighth place, we are greatly burdened by holdings which cannot support the rent exacted from them. The peasants suffer loss in this way and are ruined, and we ask that the lords may appoint persons of honour to inspect these holdings, and fix a rent in accordance with justice, so that the peasant shall not work for nothing, since the labourer is worthy of his hire.

The Ninth Article.-In the ninth place, we are burdened with a great evil in the constant making of new laws. We are not judged according to the offence, but sometimes with great ill will, and sometimes much too leniently. In our opinion we should be judged according to the old written law, so that the case shall be decided according to its merits, and not with partiality.

The Tenth Article.-In the tenth place, we are aggrieved by the appropriation by individuals of meadows and fields which at one time belonged to a community. These we will take again into our own hands. It may, however, happen that the land was rightfully purchased, but when the land has unfortunately been purchased in this way, some brotherly arrangement should be made according to circumstances.

The Eleventh Article.-In the eleventh place we will entirely abolish the due called Todfall [i. e. heriot], and will no longer endure it, nor allow widows and orphans to be thus shamefully robbed against God's will, and in violation of justice and right, as has been done in many places, and by those who should shield and protect them. These have disgraced and despoiled us, and although they had little authority, they assumed it. God will suffer this no more, but it shall be wholly done away with, and for the future no man shall be bound to give little or much.

Conclusion. In the twelfth place it is our conclusion and final resolution, that if any one or more of the articles here set forth should not be in agreement with the word of God, as we think they are, such article we will willingly recede from, when it is proved really to be against the word of God by a clear explanation of the scripture. Or if articles should now be conceded to us that are hereafter discovered to be unjust, from that hour they shall be dead and null and without force. Likewise, if more complaints should be discovered, which are based upon truth and the scriptures, and relate to offences against God and our neighbour, we have determined to reserve the right to present these also, and to exercise ourselves in all Christian teaching. For this we shall pray God, since He can grant these, and He alone. The peace of Christ abide with us all.

No. 84. Melanchthon on Luther's Marriage. From Melanchthon's letter to Camerarius.—Εὖ πράττειν. "Οτι μὲν ἔμελλε πρὸς ὑμᾶς ἡ φήμη οὐχ ὅμοια περὶ τοῦ γάμου τοῦ Λουθέρου ἀγγεῖλαι, ἔδοξέ μοι περὶ αὐτοῦ ὡς γνώμης ἔχω σοι ἐπιστέλλειν. Μηνὸς Ιουνίου ἡμέρᾳ ιγ' ἀπροσδοκήτως ἔγημε τὴν Βορείαν ὁ Λούθερος, μηδενὶ τῶν φίλων τὸ πρᾶγμα προτοῦ ἀναθέμενος, ἀλλ ̓ ἑσπέρας πρὸς δεῖπνον καλέσας τὸν Πομερανιέα καὶ Λουκᾶν τὸν γραφέα καὶ τὸν ̓Απελλον μόνους ἐποίησε τὰ εἰθισμένα προτέλεια. Θαυμάσειας δὲ ἂν τούτῳ τῷ δυστυχεῖ χρόνῳ καλῶν κἀγαθῶν ἀνδρῶν πάντοτε ταλαιπωρούντων τοῦτον οὐ συμπάσχειν, ἀλλ ̓ ὡς δοκεῖ μᾶλλον τρυφῶν καὶ τὸ αὑτοῦ ἀξίωμα ἐλαττοῦν, ὅτε μάλιστα χρείαν ἔχει ἡ Γερμανία φρονήματός τε καὶ ἐξουσίας αὐτοῦ. Ἐγὼ δὲ ταῦτα οὕτω πως γενέσθαι οἶμαι. Ἔστιν ὁ ἀνὴρ ὡς μάλιστα εὐχερὴς καὶ αἱ μοναχαὶ πάσῃ μηχανῇ ἐπιβουλευόμεναι προσέσπασαν αὐτόν. Ἴσως ἡ πολλὴ συνήθεια ἡ σὺν ταῖς μοναχαῖς, κἂν γενναῖον ὄντα καὶ μεγαλόψυχον, κατεμάλθαξε ἢ καὶ προσ[επ]έκαυσε· τοῦτον τρόπον εἰσπεσεῖν δοκεῖ [μοι] εἰς ταύτην τὴν ἄκαιρον βίου μεταβολήν. Θρυλλούμενον δέ, ὅτι καὶ προτοῦ ἔκυσεν αὐτήν, ἐψεῦσθαι δῆλόν ἐστι. Νυνὶ δὲ καὶ τὸ πραχθὲν μὴ βαρέως φέρειν δεῖ καὶ ὀνειδίζειν. ̓Αλλὰ ἡγοῦμαι ὑπὸ φύσεως ἀναγκασθῆναι γαμεῖν. Οὗτος δὲ βίος ταπεινὸς μὲν ἀλλ ̓ ὅσιός ἐστι καὶ Θεῷ μᾶλλον τοῦ ἀγάμου ἀρέσκει. Καὶ ὅτι αὐτὸν τὸν Λούθερον ἐπίλυπόν πως ὄντα ὁρῶ καὶ ταραχθέντα διὰ τὴν τοῦ βίου μεταβολήν, πάσῃ σπουδῇ καὶ ἐννοίᾳ ἐπιχειρῶ παραμυθεῖσθαι, ἐπειδὴ οὔπω ἔπραξε τι, ὅπερ ἐγκαλεῖσθαι ἀξιῶ ἡ ἀναπολόγητον δοκεῖ· ἔτι δὲ τεκμήριά τινα ἔχω τῆς εὐσεβείας αὐτοῦ, ὥστε κατακρίνειν οὐκ

ἐξεῖναι. Ἔπειτα ἂν μᾶλλον ηὐχόμην αὐτὸν ταπεινοῦσθαι ἢ ὑψοῦσθαι καὶ ἐπαίρεσθαι, ὅπερ ἐστιν ἐπισφαλές, οὐ μόνον τοῖς ἐν ἱερωσύνῃ ἀλλὰ καὶ πᾶσιν ἀνθρώποις. Τὸ γὰρ εὖ πράττειν ἀφορμὴ τοῦ κακῶς φρονεῖν γίγνεται οὐ μόνον, ὡς ὁ ῥήτωρ ἔφη, τοῖς ἀνοήτοις ἀλλὰ καὶ τοῖς σοφοῖς· πρὸς τούτῳ καὶ ἐλπίζω, ὅτι ὁ βίος οὑτοσὶ σεμνότερον αὐτὸν ποιήσει, ὥστε καὶ ἀποβαλεῖν τὴν βωμολοχίαν ἧς πολλάκις ἐμεμψάμεσθα. Αλλος γὰρ βίος ἄλλην δίαιταν κατὰ παροιμίαν καταστήσει. Ταῦτα πρός σε μακρολογώ, ὥστε μή σε ὑπὸ παραδόξου πράγματος ἄγαν ταράττεσθαι. Οἶδα γὰρ ὅτι μέλει σοι τοῦ ἀξιώματος του Λουθέρου, ὅπερ νυνὶ ἐλαττοῦσθαι ἀχθεσθήσῃ. . . .

No. 85. Erasmus on the same.

Letter of Erasmus, 21 March 1528.. . . Nuper Oecolanpadius duxit uxorem, puellam non inelegantem. Vult, opinor, affligere carnem. Quidam appellant Lutheranam Tragoediam. Mihi videtur esse Comoedia: semper enim in nuptias exeunt tumultus. . . .

No. 86. The Treaty of Madrid, 14 Jan. 1526.

[Article XXVI.] Item, pour ce que, comme dessus est dit, la principale intention desdits Seigneurs Empereur et Roy Très-Chrestien a esté et est de par cettedite Paix particulière pouvoir parvenir à l'universelle, et par consequent aux emprises contre les Turcs et autres Infidèles et autres Heretiques alienez du greme de nostre Mere Saincte Eglise, comme la necessité le requiert, et que nostre Sainct Père le Pape l'a par plusieurs fois exhorté et persuadé; et pour ensuivre et mettre en œuvre lesdites exhortations et persuasions, a esté traitté, accordé et appointé que lesdits Seigneurs Empereur et Roy Très - Chrestien d'un commun accord et consentement, et par leurs communs Ambassadeurs, supplieront par ensemble nostredit Sainct Père le Pape, qu'il veuille sur ce choisir et indire une journée la plus brieve que faire se pourra, et escrire de sa part à tous Roys, Princes et Potentates Chrestiens, pour envoyer à ladite journée et assemblée leurs Deputez et Commis avec plein et suffisant Pouvoir, tant pour traitter de ladite Paix universelle de tous les Chrestiens, que pour dresser tous les moyens convenables pour lesdites emprises et expeditions tant contre lesdits Turcs et Infidèles que contre lesdits Heretiques alienez du greme de la Saincte Eglise. . . .

181

XXIX

THE DIET OF SPEIER, 1526

Alarmed by the Peasants' Revolt, George Duke of Saxony united at Dessau, 19 July 1525, with the Electoral brothers Albert of Mainz, +1545, and Joachim of Brandenburg, +1535, and the two Dukes Eric of Brunswick-Calenberg, 1495-†1540, and Henry of BrunswickWolfenbüttel, 1514-t1568, to 'extirpate the root of this disturbance, the damned Lutheran sect' (W. Friedensburg, Zur Vorgeschichte des Gotha-Torgauischen Bündnisses, Beilage 1, 113). Early in 1526 Duke Henry went to secure the Emperor's support, which was promised in his admonition of 23 March 1526 (Neudecker, Urkunden aus der Reformationszeit, No. 5).

Thus menaced the Elector and the Landgrave drew together, 27 Feb. 1526, in Gotha (Friedensburg, 105). Their alliance was ratified 2 May, as the League of Torgau (Dumont, Corps diplomatique, IV. i. 449 sqq.); and was then expanded at Magdeburg by the admission, 12 June, of Philip Duke of Brunswick-Grubenhagen, 1486-†1551, Dukes Otto, †1549, Ernest, †1546, and Francis, +1549, of Brunswick-Lüneburg, Henry Duke of Mecklenburg-Schwerin, 1503-1552, Wolfgang Prince of Anhalt-Köthen, 1508-1562, and the Counts Gebhardt, †1558, and Albert, +1560, of Mansfeld (ibid. 455 sq.), and, 25 June, of the city of Magdeburg (ibid. 457 sq.).

Sides were thus taken when it became known, 24 June (Friedensburg, Der Reichstag zu Speier, 268) that by the [No. 87] League of Cognac, 22 May (Dumont, ib. 451 sqq.), the Emperor was again at variance with the Pope. Next day the Diet opened, 25 June, under the presidency of Ferdinand, with [No. 88] the Proposition (Friedensburg, Reichstag zu Speier, Anhang VI. 523 sqq.). The old project of a common programme of reforms reappeared, for the last time, 14 July, in the report of a committee of the Princes (Ranke, Ref. 423 sq. and Friedensburg, 349, n. 1). Its adoption might have secured a Germany united by means of a national assembly, had not parties now taken too definite a shape for this. Ferdinand cut short the discussion by producing, 1 Aug., instructions dated from Seville 23 March (Friedensburg, 371, n. 2) in which the Emperor forbade innovations, promised to arrange with the Pope for a Council, and demanded the execution of the Edict of Worms. Thereupon [No. 89] the Cities declared, 4 Aug., that such a course was impossible (Friedensburg, Anhang XI. 552 sqq.); and as it proved equally impracticable to execute the Edict in the Evangelical States and to repeal it in the Catholic, the Diet, at the suggestion of the Princes, 7 Aug. (ibid., Anhang XII. 556), fell back by its [No. 90] Recess of 27 Aug. (Walch, Luthers Schriften, xvi, col. 268, No. 809, § 4) on Territorialism as the only remaining alternative. Its decision was hastened by the advance of the Turk. On 23 April Solyman, 1520-+66, marched out of Constantinople and overthrew Louis II, King of Bohemia and Hungary, 1516-†26, at Mohacz, 29 Aug.