Tractatulus de his qui ad ecclesias confugiunt

Title page of the second print of the Tractatulus

The Tractatulus de his qui ad ecclesias confugiunt, tam iudicibus secularibus quam ecclesie rectoribus et monasteriorum prelatis perutilis ("Small treatise on those who flee in churches, very useful for secular judges as well as for church rectors and monasteries") is an initially published anonymous , pre-Reformation Latin script, which in its second edition was referred to as the work of Martin Luther . It deals with the law and limits of sanctuary . The first printing is dated to 1517, but it was written earlier.

Origin and text transmission

Unlike Luther's later publications, only a few copies of the Tractatulus have survived. For centuries it was ignored by Luther research. It was printed by Johann Weyssenburger in Landshut in 1517 without naming the author and again in 1520 with the author's statement "Doctoris Martini Luttherij Ordinarius Vniuersitatis Wittenbergensis". Another print, without an indication of the author or the year, was published by Jakob Köbel in Oppenheim .

Karl Knaake , who edited the Tractalus in 1883 in the first volume of the Weimar edition of the works of Luther, considers the author's statement to be correct, as it is supported by the introduction of a quotation from Augustine with the formula secundum patrem nostrum s. Augustinum ("according to our father St. Augustine"), which proves the author to be an Augustinian . The later editors of the Weimar edition assign the Tractatulus to the “spurious or dubious Luther writings”.

It is only possible to make assumptions about the time and cause of the creation. If Luther is the author, the writing reflects his 1501 begun and 1505 aborted in favor of the Order of entry law school resist and is expected before his exclusive devotion to theology have arisen (baseline October 1508). Knaake believes that the fate of Erfurt councilor Heinrich Kellner , who fled from the angry people to a church and stayed there for eight weeks, was arrested after his return to his own house and executed in June 1510.

The writing is also used as evidence by those who consider Luther's entry into the order in July 1505 to be motivated by the fact that he killed a fellow student in a dispute and wanted to evade worldly prosecution.

content

Scripture affirms the inviolability of church asylum with reference to biblical, church and legal authorities. Those seeking refuge have to pay for their own living with money or work. Clerics and religious who have committed criminal offenses can be deprived of immunity by the competent superior , provided they are not threatened with death, either directly or as a result of imprisonment.

Digital copies

Koebel's pressure (anonymous)
Weyssenburger's second print (with details of the author)

Modern editions

Karl Knaake : Commentary and critical text edition in D. Martin Luther's works. Critical Complete Edition , Volume 1, Weimar 1883, pp. 1-7
Martin Luther. Treatise on Church Asylum Law. Translated from Latin into German and edited by Barbara Emme with the assistance of Dietrich Emme , Selbstverlag, Regensburg 1985 ( digitized version ); Reprinted without the critical commentary in: Dietrich Emme: Collected contributions to the biography of the young Martin Luther . Edited by Richard Niedermeier, Heimbach / Eifel 2016, pp. 338–339; 344-349

Individual evidence

↑ Knaake p. 1: "so far [1883] escaped the gaze of all researchers about him"
↑ Complete title: Tractatulus de hijs qui ad ecclesias confugiunt tam iudicibus secularibus quam ecclesie rectoribus et monasteriorum prelatis perutilis
↑ Full title: Tractatulus Doctoris Martini Luttherij Ordinarius Universitatis Wittenbergensis: De his qui ad Ecclesias confugiunt: tarn iudicibus secularibus / quarn ecclesie Rectoribus / et Monasteriorum Prelatis perutilis. The number 1519 on the decorative frame of the title page has reasons for printing economy (Emme p. 7, corresponding to Knaake).
↑ This grammatical error can be found both on the title page and at the beginning of the text.
↑ Complete title on the title page: Tractatutus [sic!] De his qui ad ecclesias confugiunt. Et de Judicibus qui in ecclesia: et eius atrio Civiles vel criminales causas tractant: placita tenent: et alia contra immunitates Ecclesiarum faciunt. On the first page of the text , the heading corresponds exactly to the title of Weyssenburger's first edition.
^ Karl Knaake: Commentary and critical text edition. In D. Martin Luther's works. Critical Complete Edition , Volume 1, Weimar 1883, pp. 1–7 , here p. 1
^ D. Martin Luther's works. (Weimar edition) Volume 61: Table of contents for the section 'Writings' Volumes 1–60 with references to the sections 'German Bible', 'Correspondence', 'Tischreden' , Weimar: Böhlau 1983, p. 173
↑ This thesis was represented by Dietrich Emme (reprint: Dietrich Emme: Collected contributions to the biography of the young Martin Luther . Ed. And commented by Richard Niedermeier, Heimbach / Eifel 2016). It found little acceptance and was decisively rejected , especially by Otto Hermann Pesch (Otto Hermann Pesch: Why did Luther go to the monastery? A polemic against a new old Luther legend and its followers , in: Catholica 39 (1985), p. 255– 278).

[1] Knaake p. 1: "so far [1883] escaped the gaze of all researchers about him"

[2] Complete title: Tractatulus de hijs qui ad ecclesias confugiunt tam iudicibus secularibus quam ecclesie rectoribus et monasteriorum prelatis perutilis

[3] Full title: Tractatulus Doctoris Martini Luttherij Ordinarius Universitatis Wittenbergensis: De his qui ad Ecclesias confugiunt: tarn iudicibus secularibus / quarn ecclesie Rectoribus / et Monasteriorum Prelatis perutilis. The number 1519 on the decorative frame of the title page has reasons for printing economy (Emme p. 7, corresponding to Knaake).

[4] This grammatical error can be found both on the title page and at the beginning of the text.

[5] Complete title on the title page: Tractatutus [sic!] De his qui ad ecclesias confugiunt. Et de Judicibus qui in ecclesia: et eius atrio Civiles vel criminales causas tractant: placita tenent: et alia contra immunitates Ecclesiarum faciunt. On the first page of the text , the heading corresponds exactly to the title of Weyssenburger's first edition.

[6] Karl Knaake: Commentary and critical text edition. In D. Martin Luther's works. Critical Complete Edition , Volume 1, Weimar 1883, pp. 1–7 , here p. 1

[7] D. Martin Luther's works. (Weimar edition) Volume 61: Table of contents for the section 'Writings' Volumes 1–60 with references to the sections 'German Bible', 'Correspondence', 'Tischreden' , Weimar: Böhlau 1983, p. 173

[8] This thesis was represented by Dietrich Emme (reprint: Dietrich Emme: Collected contributions to the biography of the young Martin Luther . Ed. And commented by Richard Niedermeier, Heimbach / Eifel 2016). It found little acceptance and was decisively rejected , especially by Otto Hermann Pesch (Otto Hermann Pesch: Why did Luther go to the monastery? A polemic against a new old Luther legend and its followers , in: Catholica 39 (1985), p. 255– 278).