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[Sidenote: The Pallium]

Since even these practices were not enough, and Avarice grew impatient at the long time it took to get hold of all the bishoprics, therefore my Lord Avarice devised the fiction that the bishoprics should be nominally abroad, but that their land and soil should be at Rome, and no bishop can be confirmed unless with a great sum of money he buy the pallium161, and bind himself with terrible oaths to be the pope's servant162. This is the reason that no bishop ventures to act against the pope. That, too, is what the Romans were seeking when they imposed the oath, and thus the very richest bishoprics have fallen into debt and ruin. Mainz pays, as I hear, 20,000 gulden. These be your Romans! To be sure they decreed of old in the canon law that the pallium should be bestowed gratis, the number of papal servants diminished, the contests lessened, the chapters163 and bishops allowed their liberty. But this did not bring in money, and so they turned over a new leaf, and all authority was taken from the bishops and chapters; they are made ciphers, and have no office nor authority nor work, but everything is ruled by the archknaves at Rome; soon they will have in hand even the office of sexton and bell-ringer in all the churches. All contests are brought to Rome, and by authority of the pope everyone does as he likes.

What happened this very year? The Bishop of Strassburg164 wished to govern his chapter properly and to institute reforms in worship, and with this end in view made certain godly and Christian regulations. But my dear Lord Pope and the Holy Roman See, at the instigation of the priests, overthrew and altogether condemned this holy and spiritual ordinance. This is called "feeding the sheep of Christ!" [John 20:15-17] Thus priests are to be encouraged against their own bishop, and their disobedience to divine law is to be protected! Antichrist himself, I hope, will not dare to put God to such open shame! There you have your pope after your own heart! Why did he do this? Ah! if one church were reformed, it would be a dangerous departure; Rome's turn too might come! Therefore it were better that no priest should be let at peace with another, that kings and princes should be set at odds, as has been the custom heretofore, and the world filled with the blood of Christians, only so the concord of Christians should not trouble the Holy Roman See with a reformation.

So far we have been getting an idea of how they deal with livings which become vacant. But for tender-hearted Avarice the vacancies are too few, and so he brings his foresight to bear upon the benefices which are still occupied by their incumbents, so that they must be unfilled, even though they are not unfilled165. And this he does in many ways, as follows:

[Sidenote: Coadjutorships]

First, He lies in wait for fat prebends or bishoprics which are held by an old or a sick man, or by one with an alleged disability. To such an incumbent, without his desire or consent, the Holy See gives a coadjutor, i. e., an "assistant," or the coadjutor's benefit, because he is a "papal servant," or has paid for the position, or has earned it by some other ignoble service to Rome. In this case the rights of the chapter or the rights of him who has the bestowal of the living166 must be surrendered, and the whole thing all into the hands of Rome.

[Sidenote: Commendations]

Second, There is a little word commend167, by which the pope entrusts the keeping of a rich, fat monastery or church to a cardinal or to another of his people, just as though I were to give you a hundred gulden to keep. This is not called the giving or bestowing of the monastery nor even its destruction, or the abolition of the worship of God, but only "giving it into keeping"; not that he to whom it is entrusted is to care or it, or build it up, but he is to drive out the incumbent, to receive the goods and revenues, and to install some apostate, renegade monk168, who accepts five or six gulden a year and sits in the church all day selling pictures and images to the pilgrims, so that henceforth neither prayers nor masses are said there. If this were to be called destroying monasteries and abolishing the worship of God, then the pope would have to be called a destroyer of Christendom and an abolisher of God's worship, because this is his constant practice. That would be a hard saying at Rome, and so we must call it a commend or a "command to take charge" of the monastery. The pope can every year make commends out of our or more of these monasteries, a single one of which may have an income of more than six thousand gulden. This is the way the Romans increase the worship of God and preserve the monasteries. The Germans also are beginning to find it out.

[Sidenote: Incorporation]

[Sidenote: Union]

Third, There are some benefices which they call incompatibilia169, and which, according to the ordinances of the canon law, cannot be held by one man at the same time, as for instance, two parishes, two bishoprics and the like. In these cases the Holy Roman See of Avarice evades the canon law by making "glosses,"170 called unio and incorporatio, i. e., by "incorporating" many incompatibilia, so that each becomes a part of every other and all of them together are looked upon as though they were one living. They are then no longer "incompatible," and the holy canon law is satisfied, in that it is no longer binding, except upon those who do not buy these "glosses"171 from the pope or his datarius172. The unio, i. e., "uniting," is of the same nature. The pope binds many such benefices together like a bundle of sticks, and by virtue of this bond they are all regarded as one benefice. So there is at Rome one courtesan173 who holds, for himself alone, 22 parishes, 7 priories and 44 canonries besides,—all by the help of that masterly "gloss," which holds that this is not illegal. What cardinals and other prelates have, everyone may imagine or himself. In this way the Germans are to have their purses eased and their itch cured.

[Sidenote: Administration]

Another of the "glosses" is the administratio, i. e., a man may have beside his bishopric, an abbacy or a dignity174, and possess all the property which goes with it, only he has no other title than that of "administrator."175 For at Rome it is sufficient that words are changed and not the things they stand for; as though I were to teach that a bawdy-house keeper should have the name of "burgomaster's wife," and yet continue to ply her trade. This kind of Roman rule St. Peter foretold when he said, in II Peter ii: "There shall come false teachers, who in covetousness, with feigned words, shall make merchandise of you, to get their gains." [2 Pet. 2:3]

[Sidenote: Regression]

Again, dear Roman Avarice has invented the custom of selling and bestowing livings to such advantage that the seller or disposer retains reversionary rights176 upon them: to wit, if the incumbent dies, the benefice freely reverts to him who previously sold, bestowed or surrendered it. In this way they have made livings hereditary property, so that henceforth no one can come into possession of them, except the man to whom the seller is willing to dispose of them, or to whom he bequeaths his rights at death. Besides, there are many who transfer to others the mere title to a benefice from which those who get the title derive not a heller of income. It is now an old custom, too, to give another man a benefice and to reserve a certain part out of the annual revenue177. In olden times this was simony178. Of these things there are so many more that they cannot all be counted. They treat livings more shamefully than the heathen beneath the cross treated the garments of Christ. [Matt. 27:35]

[Sidenote: Reservation in pectore]

Yet all that has hitherto been said is ancient history and an every-day occurrence at Rome. Avarice has devised one thing more, which may, I hope, be his last morsel, and choke him. The pope has a noble little device called pectoralis reservatio, i. e., his "mental reservation," and proprius motus, i. e., the "arbitrary will of his authority."179 It goes like this. When one man has gotten a benefice at Rome, and the appointment has been regularly signed and sealed, according to custom, and there comes another, who brings money, or has laid the pope under obligation in some other way, of which we will not speak, and desires of the pope the same benefice, then the pope takes it from the first man and gives it to the second180. If it is said that this is unjust, then the Most Holy Father must make some excuse, that he may not be reproved or doing such open violence to the law, and says that in his mind and heart he had reserved that benefice to himself and his own plenary disposal, although he had never before in his whole life either thought or heard of it. Thus he has now found a little "gloss" by which he can, in his own person, lie and deceive, and make a fool and an ape of anybody—all this he does brazenly and openly, and yet he wishes to be the head of Christendom, though with his open lies he lets the Evil Spirit rule him.

This arbitrary will and lying "reservation" of the pope creates in Rome a state of affairs which is unspeakable. There is buying, selling, bartering, trading, trafficking, lying, deceiving, robbing, stealing, luxury, harlotry, knavery, and every sort of contempt of God, and even the rule of Antichrist could not be more scandalous. Venice, Antwerp, Cairo181 are nothing compared to this fair which is held at Rome and the business which is done there, except that in those other places they still observe right and reason. At Rome everything goes as the devil wills, and out of this ocean like virtue flows into all the world. Is it a wonder that such people fear a reformation and a free council, and prefer to set all kings and princes at enmity rather than have them unite and bring about a council? Who could bear to have such knavery exposed if it were his own?

[Sidenote: The Dataria]

Finally, for all this noble commerce the pope has built a warehouse, namely, the house of the datarius182, in Rome. Thither all must come who deal after this fashion in benefices and livings. From him they must buy their "glosses"183 and get the power to practice such archknavery. In former times Rome was generous, and then justice had either to be bought or else suppressed with money, but now she has become exorbitant, and no one dare be a knave unless with a great sum he has first bought the right. If that is not a brothel above all the brothels one can imagine, then I do not know what brothel means.

If you have money in this house, then you can come by all the things I have said; and not only these, but all sorts of usury184 are here made honest, Phil. 2:5 for a consideration, and the possession of all property acquired by theft or robbery is legalised. Here vows are dissolved; here monks are granted liberty to leave their orders; here marriage is on sale to the clergy; here bastards can become legitimate; here all dishonor and shame can come to honor; all ill-repute and stigma of evil are here knighted and ennobled; here is permitted the marriage which is within the forbidden degrees or has some other defect185. Oh! what a taxing and a robbing rules there! It looks as though all the laws of the Church were made for one purpose only—to be nothing but so many money-snares, from which a man must extricate himself186 if he would be a Christian. Yea, here the devil becomes a saint, and a god to boot. What heaven and earth cannot, that this house can do! They call them compositiones187! "Compositions" indeed! rather "confusions"! Oh, what a modest tax is the Rhine-toll188, compared with the tribute taken by this holy house!

Let no one accuse me of exaggeration! It is all so open that even at Rome they must confess the evil to be greater and more terrible than any one can say. I have not yet stirred up the hell-broth of personal vices, nor do I intend to do so. I speak of things which are common talk, and yet I have not words to tell them all. The bishops, the priests and, above all, the doctors in the universities, who draw their salaries or this purpose, should have done their duty and with common consent have written and cried out against these things; but they have done the very opposite189.

[Sidenote: The Fuggers]

There remains one last word, and I must say that too. Since boundless Avarice has not been satisfied with all these treasures, which three great kings might well think sufficient, he now begins to transfer this trade and sell it to Fugger of Augsburg190, so that the lending and trading and buying of bishoprics and benefices, and the driving of bargains in spiritual goods has now come to the right place, and spiritual and temporal goods have become one business. And now I would fain hear of a mind so lofty that it could imagine what this Roman Avarice might yet be able to do and has not already done; unless Fugger were to transfer or sell this combination of two lines of business to somebody else. I believe we have reached the limit.

As for what they have stolen in all lands and still steal and extort, by means of indulgences, bulls, letters of confession191, "butter-letters"192 and other confessionalia193,—all this I consider mere patch-work, and like casting a single devil more into hell194. Not that they bring in little, for a mighty king could well support himself on their returns, but they are not to be compared with the streams of treasure above mentioned. I shall also say nothing at present of how this indulgence money has been applied. Another time I shall inquire about that, for Campoflore195 and Belvidere196 and certain other places probably know something about it.

Since, then, such devilish rule is not only open robbery and deceit, and the tyranny of the gates of hell, but also ruins Christendom in body and soul, it is our duty to use all diligence in protecting Christendom against such misery and destruction. If we would fight the Turks, let us make a beginning here, where they are at their worst. If we justly hang thieves and behead robbers, why should we let Roman Avarice go free? For he is the greatest thief and robber that has come or can come into the world, and all in the holy Name of Christ and of St. Peter! Who can longer endure it or keep silence? Almost everything he owns has been gotten by theft and robbery; that is the truth, and all history shows it. The pope never got by purchase such great properties that from his officia197 alone he can raise about a million ducats, not to mention the mines of treasure named above and the income of his lands. Nor did it come to him by inheritance from Christ or from St. Peter; no one ever loaned it or gave it to him; it has not become his by virtue of immemorial use and enjoyment. Tell me, then, whence he can have it? Learn from this what they have in mind when they send out legates to collect money or use against the Turks.

III. PROPOSALS FOR REFORM

Now, although I am too small a man to make propositions which might effect a reform in this dreadful state of things, nevertheless I may as well sing my fool's song to the end, and say, so far as I am able, what could and should be done by the temporal authorities or by a general council.

[Sidenote: Abolition of Annates]

1. Every prince, nobleman and city should boldly forbid their subjects to pay the annates to Rome and should abolish them entirely198; for the pope has broken the compact, and made the annates a robbery, to the injury and shame of the whole German nation. He gives them to his friends, sells them for large amounts of money, and uses them to endow offices. He has thus lost his right to them, and deserves punishment. It is therefore the duty of the temporal authorities to protect the innocent and prevent injustice, as Paul teaches in Romans xiii [Rom. 13:4], and St. Peter in I Peter ii [1 Pet. 2:14], Rom. and even the canon law in Case 16, Question 7, de filiis199. Thus it has come about that men are saying to the pope and his followers, Tu ora, "Thou shalt pray"; to the emperor and his followers, Tu protege, "Thou shalt guard"; to the common man, Tu labora, "Thou shalt work." Not, however, as though everyone were not to pray, guard and work; for the man who is diligent in his calling is praying, guarding and working in all that he does, but everyone should have his own especial task.

[Sidenote: Prohibition of Roman Appointments]

2. Since the pope with his Roman practices—his commends200, adjutories201, reservations202, gratiae expectativae203, papal months204, incorporations205, unions206, pallia207, rules in chancery208, and such like knavery—usurps all the German foundations without authority and right, and gives and sells them to foreigners at Rome, who do nothing in German lands to earn them; and since he thereby robs the ordinaries209 of their rights, makes the bishops mere ciphers and figure-heads, and acts against his own canon law, against nature and against reason, until it has finally gone so far that out of sheer avarice the livings and benefices are sold to gross, ignorant asses and knaves at Rome, while pious and learned folk have no profit of their wisdom and merit, so that the poor people of the German nation have to go without good and learned prelates and thus go to ruin:

Therefore, the Christian nobility should set itself against the pope as against a common enemy and destroyer of Christendom, and should do this for the salvation of the poor souls who must go to ruin through his tyranny. They should ordain, order, and decree, that henceforth no benefice shall be drawn into the hands of Rome, and that hereafter no appointment shall be obtained there in any manner whatsoever, but that the benefices shall be brought out and kept out from under this tyrannical authority; and they should restore to the ordinaries the right and office of ordering these benefices in the German nation as best they may. And if a "courtesan" were to come from Rome, he should receive a strict command either to keep his distance, or else to jump into the Rhine or the nearest river, and take the Roman ban, with its seals and letters, to a cold bath. They would then take note at Rome that the Germans are not always mad and drunken, but that they have really become Christians, and intend to permit no longer the mockery and scorn of the holy name of Christ, under which all this knavery and destruction of souls goes on, but have more regard to God and His glory than to the authority of men.

[Sidenote: Restoration of Local Church Rights]

3. An imperial law should be issued, that no bishop's cloak210 and no confirmation of any dignity211 whatsoever shall henceforth be secured from Rome, but that the Church ordinance of the most holy and most famous Council of Nicaea212 shall be restored, in which it is decreed that a bishop shall be confirmed by the two nearest bishops or by the archbishop. If the pope will break the statutes of this and of all other councils, what is the use of holding councils; or who has given him the authority thus to despise and break the rules of councils?

If he has this power then we should depose all bishops, archbishops and primates213 and make them mere parish-priests, so that the pope alone may be over them, as he now is. He leaves to bishops, archbishops and primates no regular authority or office, usurps everything for himself, and lets them keep only the name and empty title. It has gone so far that by his "exemptions"214 the monasteries, the abbots and the prelates are withdrawn from the regular authority of the bishops, so that there is no longer any order in Christendom. From this must follow what has followed—relaxation of discipline and license to do evil everywhere—so that I verily fear the pope can be called the "man of sin." [2 Thess. 2:3] There is in Christendom no discipline, no rule, no order; and who is to blame except the pope? This usurped authority of his he applies strictly to all the prelates, and takes away their rods; and he is generous to all subjects, giving them or selling them their liberty.

Nevertheless, for fear he may complain that he is robbed of his authority, it should be decreed that when the primates or archbishops are unable to settle a case, or when a controversy arises among themselves, such a case must be laid before the pope, but not every little matter215. Thus it was done in olden times, and thus the famous Council of Nicaea decreed216. If a case can be settled without the pope, then his Holiness should not be troubled with such minor matters, but give himself to that prayer, meditation and care for all Christendom, of which he boasts. This is what the Apostles did. They said, "It is not meet that we should leave the Word of God and serve tables, but we will keep to preaching and prayer and set others over the work." [Acts 6:2] But now Rome stands or nothing else than the despising of the Gospel and of prayer, and for the serving of "tables," i. e., of temporal affairs, and the rule of the Apostles and of the pope agree as Christ agrees with Lucifer, heaven with hell, night with day; yet he is called "Vicar of Christ and Successor of the Apostles."

[Sidenote: Exclusion of Temporal Matters from the Papal Court]

4. It should be decreed that no temporal matter shall be taken to Rome217, but that all such cases shall be left to the temporal authorities, as the Romans themselves decree in that canon law of theirs, which they do not keep. For it should be the duty of the pope, as the man most learned in Papal the Scriptures and most Holy, not in name only, but in truth, to administer affairs which concern the faith and holy life of Christians, to hold the primates and archbishops to these things, and to help them in dealing with and caring for these matters. So St. Paul teaches in I Corinthians vi, and takes the Corinthians severely to task or their concern with worldly things [1 Cor. 6:7]. For it works intolerable injury to all lands that such cases are tried at Rome. It increases the costs, and moreover the judges do not know the manners, laws and customs of the various countries, so that they often do violence to the acts and base their decisions on their own laws and opinions, and thus injustice is inevitably done the contestants.

[Sidenote: and from the Bishops' Courts]

Moreover, the outrageous extortion practised by the officiales218 must be forbidden in all the dioceses, courts so that they may attend to nothing else than matters of faith and good morals, and leave to the temporal judges the things that concern money, property, life and honor. The temporal authorities, therefore, should not permit sentences of ban or exile when faith or right life is not concerned. Spiritual authorities should have rule over spiritual goods, as reason teaches; but spiritual goods are not money, nor anything pertaining to the body, but they are faith and good works.

[Sidenote: A German Church Organization]

Nevertheless it might be granted that cases which concern benefices or livings should be tried before bishops, archbishops and primates. Therefore, in order to decide contests and contentions, it might be possible for the Primate of Germany to maintain a general consistory, with auditors and chancellors, which should have control over the signaturae gratiae and signaturae justitiae219, that are now controlled at Rome, and which should be the final court of appeal for German cases. The officers of this consistory must not, however, be paid, as at Rome, by chance presents and gifts, and thereby acquire the habit of selling justice and injustice, which they now have to do at Rome because the pope gives them no remuneration, but allows them to fatten themselves on presents. For at Rome no one cares what is right or not right, but only what is money or not money. This court might, however, be paid out of the annates, or some other way might easily be devised, by those who are more intelligent and who have more experience in these matters than I. All I wish to do is to arouse and set to thinking those who have the ability and the inclination to help the German nation become once more free and Christian, after the wretched, heathenish and unchristian rule of the pope.

[Sidenote: Abolition of Reservations]

5. No more reservations should be valid, and no more benefices should be seized by Rome, even if the incumbent dies, or there is a contest, or the incumbent is a "servant" of a cardinal or of the pope220; and it should be strictly forbidden and prevented that any "courtesan"221 should institute a contest over any benefice, so as to cite pious priests to Rome, harass them and drive them into lawsuits. If, in consequence of this prohibition, there should come from Rome a ban or an ecclesiastical censure, it should be disregarded, just as though a thief were to lay a man under the ban because he would not let him steal. Indeed they should be severely punished because they so blasphemously misuse the ban and the name of God to support their robbery, and with falsely devised threats would drive us to endure and to praise such blasphemy of God's name and such abuse of Christian authority, and thus to become, in the sight of God, partakers in their rascality; it is our duty before God to resist it, or St. Paul, in Romans i, reproves as guilty of death not only "those who do such things," but also those who consent to such things and allow them to be done [Rom. 1:32]. Most unbearable of all is the lying reservatio pectoralis222, whereby Christendom is so scandalously and openly put to shame and scorn, because its head deals in open lies, and out of love for the accursed money, shamelessly deceives and fools everybody.

[Sidenote: Abolition of Reserved Cases]

6. The casus reservati223, the "reserved cases," should also be abolished, for not only are they the means of served extorting much money from the people, but by means of them the ravening tyrants ensnare and confuse many poor consciences, to the intolerable injury of their faith in God. This is especially true of the ridiculous and childish cases about which they make so much ado in the Bull Coena Domini224, and which are not worth calling daily sins, still less cases so grave that the pope may not remit them by any indulgence; as for example, hindering a pilgrim on his way to Rome, furnishing weapons to the Turks, or tampering with papal letters. With such gross, crazy, clumsy things do they make fools of us! Sodom and Gomorrah, and all the sins which are committed and can be committed against the commandments of God are not reserved cases; but sins against what God has never commanded and what they have themselves devised, these must be reserved cases, solely that no one be hindered in bringing money to Rome, in order that, safe from the Turks, they may live in luxury and keep the world under their tyranny with their wanton, useless bulls and breves225.

All priests ought rightly to know, or else there should be a public ordinance to that effect, that no secret sin, of which a man has not been publicly accused, is a reserved case, and that every priest has the power to remit all sorts of sins, however they may be called, so long as they are secret; moreover that no abbot, bishop or pope has the power to reserve any such case to himself226. If they attempt it, their reservation does not hold and is not valid, and they should be reproved, as men who without authority interfere in God's judgment, and without cause ensnare and burden poor, ignorant consciences. But if great public sins are committed, especially sins against God's commandments, then there is indeed a reason for reserved cases, but even then there should not be too many of them, and they should not be reserved arbitrarily and without cause; for Christ has set in His Church not tyrants, but shepherds, as saith St. Peter [1 Pet. 5:3].

[Sidenote: Diminution of the Papal Household]

7. The Roman See should also do away with the officia227, and diminish the swarm of vermin at Rome, so that the pope's household can be supported by the pope's own purse. The pope should not allow his court to surpass in pomp and extravagance the courts of all kings, seeing that such a condition not only has never been serviceable to the cause of Christian faith, but the courtiers have been kept thereby from study and prayer, until they are scarce able to speak about the faith at all. This they proved quite plainly at the last Roman Council228, in which, amongst many other childish and frivolous things, they decreed that the soul of man is immortal and that every priest must say his prayers once a month on pain of losing his benefice. How shall matters which concern faith and the Church be decided by people so hardened and blinded by great avarice, wealth and worldly splendor, that they have only now decreed that the soul is immortal? It is no small shame to all Christians that at Rome they deal so disgracefully with the faith. If they had less wealth and pomp, they could pray and study better, and so become worthy and able to deal with matters of faith, as was the case in olden times when they were bishops, and did not presume to be kings over all kings.

[Sidenote: Bishops' Oaths]

8. The hard and terrible oaths should be abolished, which the bishops are wrongfully compelled to render to the pope229, and by which they are bound like servants, as that worthless and unlearned chapter, Significasti230, arbitrarily and most stupidly decrees. It is not enough that they burden us in body, soul and property with their many mad laws, by which faith is weakened and Christendom ruined; but they seize upon the person and office and work of the bishops, and now upon the investiture231 also, which was in olden times the right of the German emperors, and in France and other kingdoms still belongs to the kings. On this point they had great wars and disputes with the emperors232 until at last, with impudent authority, they took the right and have kept it until now; just as though the Germans, above all the Christians on earth, had to be the puppets of the pope and the Roman See and do and suffer what no one else will do and suffer. Since, then, this is sheer violence and robbery, hindering the regular authority of the bishops and injuring poor souls, therefore the emperor and his nobles are in duty bound to prevent and punish such tyranny.

161.The pallium is a woolen shoulder-cape which is the emblem of the archbishop's office, and which must be secured from Rome. The bestowal of the pallium by the pope is a very ancient custom. Gregory I (590-604) mentions it as prisca consuetudo (Dist., C.c. 3). The canon law prescribes (Dist. C. c. I) that the archbishop-elect must secure the pallium from Rome within three months of his election; otherwise he is forbidden to discharge any of the duties of his office. It is regarded as the necessary complement of his election and consecration, conferring the "plenitude of the pontifical office," and the name of archbishop. Luther's charge that it had to be purchased "with a great sum of money" is substantiated by similar complaints from the XII Century on, though the language of the canon law makes it evident that Luther's other contention is also correct, viz., that the pallium was originally bestowed gratis. The sum required from the different archbishops varied with the wealth of their sees, and was a fixed sum in each case. The Gravamina of 1521 complain that the price has been raised: "Although according to ancient ordinance the bishoprics of Mainz, Cologne, Salzburg, etc., were bound to pay or the pallium about 10,000 gulden and no more, they can now scarcely get a pallium from Rome for 20 or 24 thousand gulden." (Wrede, op. cit., II, 675.)
162.The oath of allegiance to the pope was required before the pallium could be bestowed (Dist. C, c. I). The canon law describes this oath as one "of allegiance, obedience and unity" (X, I, 6, c. 4).
163.See above, p. 86, note 2.
164.cf. Luther to Spalatin, June 25, 1520 (Enders, II, 424; Smith, No. 271).
165.i. e., The benefices are treated as though they were vacant.
166.In the case of certain endowed benefices the right to nominate the incumbent was vested in individuals, usually of the nobility, and was hereditary in their family, This is the so-called jus patronum, or "right of patronage." The complaint that this right is disregarded is frequent in the Gravamina of 1521.
167.Commendation was one of the practices by which the pope evaded the provision of the canon law which prescribed that the same man should not hold two livings with the cure of souls. The man who received an office in commendam was not required to fulfil the duties attached to the position and when a living or an abbacy was granted in this way during the incumbency of another, the recipient received its entire income during a subsequent vacancy. The practice was most common in the case of abbacies. At the Diet of Worms (1521), Duke George of Saxony, an outspoken opponent of Luther, was as emphatic in his protest against this practice as Luther himself (Wrede, op. cit., II, 665); his protest was incorporated in the Gravamina (ibid., 672), and reappears in the Appendix (ibid., 708).
168.A monk who deserted his monastery was known as an "apostate."
169.i. e., Offices which cannot be united in the hands of one man. See e. g., note 3, p. 91.
170.A gloss is a note explanatory of a word or passage of doubtful meaning. The glosses are the earliest form of commentary on the Bible. The glosses of the canon law are the more or less authoritative comments of the teachers, and date from the time when the study of the canon law became a part of the theological curriculum. Their aim is chiefly to show how the law applies to practical cases which may arise. The so-called glossa ordinaria had in Luther's time an authority almost equal to that of the corpus juris itself. Cf. Cath. Encyc., VI, pp. 588 f.
171.The thing which was bought was, of course, the dispensation, or permission to avail oneself of the gloss.
172.Dataria is the name for that department of the curia which had to deal with the granting of dispensations and the disposal of benefices. Datarius is the title of the official who presided over this department.
173.See above, p. 88, note 2. For a catalogue of papal appointments bestowed upon two "courtesans," Johannes Zink und Johannes Ingenwinkel, see Schulte, Die Fugger in Rom, I, pp. 282, 291 ff. Between 1513 and 1521, Zink received 56 appointments, and Ingenwinkel received, between 1496 and 1521, no fewer than 106.
174.See above, p. 87, note 1.
175.So Albrecht of Mainz bore the title of "administrator" of Halberstadt.
176.The name of this practice was "regression" (regressus).
177.The complaint was made at Worms (1521) that it was impossible for a German to secure a clear title to a benefice at Rome unless he applied for it in the name of an Italian, to whom he was obliged to pay a percentage of the income, a yearly pension, for a fixed sum of money for the use of his name (Wrede, op. cit., II, 712).
178.Simony—the sin of Simon Magus (Acts 8:18-20)—the sin committed by the sale or the purchase of an office or position which is normally conferred by a ritual act of the Church. In the ancient and earlier mediæval Church the use of money to secure preferment was held to invalidate the title of the guilty party to the position thus secured, and the acceptance of money for such a purpose was an offence punishable by deposition and degradation. The "heresy of Simon" was conceived to be the greatest of all heresies. The traffic in Church offices, which became a flagrant abuse from the time of John XXII (1316-1334), would have been regarded in earlier days as the most atrocious simony.
179.The reservatio mentalis or in pectore is the natural consequence of the papal theory that the right of appointment to all Church offices of every grade belongs to the pope (see above, p. 86, note 3). According to the theory of the canonists (Lancelotti, Institutiones juris canonici. Lib. I, Tit. XXVII) this right is exercised either per petitionem alterius, i. e., by confirmation of the election, appointment, etc., of others, or proprio motu, i. e., "on his own motion." In ordinary cases the exercise of the appointing power was limited by rules, which though bitterly complained of (see above, pp. 86 ff, and notes), were generally understood, but the theory allowed any given case to be made an exception to the rules. Of such a case it was said that it was "reserved in the heart of the Pope," and the appointment was then made "on his own motion." Hutten says of this reservatio in pectore that "it is an easy, agile and slippery thing, and bears no comparison to any other form of cheating" (Ed. Booking, IV, 215).
180.For a similar instance quoted at Worms (1521), see Wrede, op. cit., II, 710.
181.The three chief centers of foreign commerce in the XV and the early XVI Century. The annual fairs (Jahrmarkt), held at stated times in various cities, brought great numbers of merchants together from widely distant points, and were the times when the greater part of the wholesale business for the year was done.;
182.Built by Innocent VIII (1454-1490).
183.See above, p. 93, note 2.
184.The Church law forbade the taking of interest on loans of money.
185.During the Middle Ages all questions touching marriage and divorce, including, therefore, the question of the legitimacy of children, were governed by the laws of the Church, on the theory that marriage was a sacrament.
186.i. e., By buying dispensations.
187.The sums paid or special dispensations were so called.
188.The toll which the "robber-barons" of the Rhine levied upon merchants passing through their domains.
189.Ja wend das blat umb szo indistu es—The translators have adopted the interpretation of O. Clemen, L's. Werke, I, 383.
190.The Fuggers of Augsburg were the greatest of the German capitalists in the XVI Century. They were international bankers, "the Rothschilds of the XVI Century." Their control of large capital enabled them to advance large sums of money to the territorial rulers, who were in a chronic state of need. In return for these favors they received monopolistic concessions by which their capital was further increased. The spiritual, as well as the temporal lords, availed themselves regularly of the services of this accommodating firm. They were the pope's financial representatives in Germany. On their connection with the indulgence against which Luther protested, see Vol. I, p. 21; on their relations with the papacy, see Schulte, Die Fugger in Rom, 2 Vols., Leipzig, 1904.
191.Certificates entitling the holder to choose his own confessor and authorizing the confessor to absolve him from certain classes of "reserved" sins; referred to in the XCV Theses as confessionalia. Cf. Vol. I, p. 22.
192.Certificates granting their possessor permission to eat milk, eggs, butter and cheese on fast days.
193.The word is used here in the broad sense, and means dispensations of all sorts, including those just mentioned, relating to penance.
194.Equivalent to "carrying coals to Newcastle."
195.The Campo di Fiore, a Roman market-place, restored and adorned at great expense by Eugenius IV (1431-1447), and his successors.
196.A part of the Vatican palace notorious as the banqueting-hall of Alexander VI (1402-1503), turned by Julius II (1503-1513) into a museum for the housing of his wonderful and expensive collection of ancient works of art. Luther is hinting that the indulgence money has been spent on these objects rather than on the maintenance of the Church. Cf. Clemen, I, 384, note 15.
197.i. e., The offices and positions in Rome which were for sale. See Benrath, p. 88, note 18; p. 95, note 36.
198.See above, p. 84, note 1.
199.The passage is chapter 31, Filiis vel nepotibus. It provides that in case the income of endowments bequeathed to the Church is misused, and appeals to the bishop and archbishop fail to correct the misuse, the heirs of the testator may appeal to the royal courts. Luther wishes this principle applied to the annates.
200.See above, pp. 91 f.
201.See above, p. 91.
202.See above, p. 94.
203.i. e.. Promises to bestow on certain persons livings not yet vacant. Complaint of the evils arising out of the practice was continually heard from the year 1416. For the complaints made at Worms (1521), see Wrede, op. cit., II, 710.
204.See above, pp. 86 f.
205.See above, pp. 92 f.
206.See above, p. 93.
207.See above, p. 89.
208.Rules for the transaction of papal business, including such matters as appointments and the like. At Worms (1521) the Estates complain that these rules are made to the advantage of the "courtesans" and the disadvantage of the Germans. (Wrede, op. cit., II, pp. 675 f.)
209.The local Church authorities, here equivalent to "the bishops." On use of term see Realencyk., XIV, 424.
210.The sign of the episcopal office; as regards archbishops, the pallium; see above, p. 8q, and note.
211.See above, p. 87, note 1.
212.The first of the ecumenical councils (A. D. 325). The decree to which Luther here refers is canon IV of that Council. Cf. Köhler, L. und die Kg., pp. 139 ff.
213.The primate is the ranking archbishop of a country.
214."Exemption" was the practice by which monastic houses were withdrawn from the jurisdiction of the bishops and made directly subject to the pope. The practice seems to have originated in the X Century with the famous monastery of Cluny (918), but it was almost universal in the case of the houses of the mendicant orders. The bishops made it a constant subject of complaint, and the Lateran Council (Dec. 19, 1516) passed a decree abolishing all monastic exemptions, though the decree does not seem to have been effective. See Creighton, History of the Papacy, V, 266.
215.The papal interference in the conduct of the local Church courts was as flagrant as in the appointments, of which Luther has heretofore spoken. At Worms (1521) it was complained that cases were cited to Rome as a court of first instance, and the demand was made that a regular course of appeals should be re-established. Wrede, op. cit., II, 672, 718.
216.The reference is Canon V of the Council of Sardica (A. D. 343), incorporated in the canon law as a canon of Nicaea (Pt. II, qu. 6, c. 5). See Köhler, L. und die Kg., 151.
217.i. e., Appealed to Rome for decision. This is the subject of the first of the 102 Gravamina of 1521 (Wrede, op. cit., II, 672).
218.The judges in the bishops' courts. The complaint is that they interfere with the administration of justice by citing into their courts cases which properly belong in the lay courts, and enforce their verdicts (usually fines) by means of ecclesiastical censures. The charges against these courts are specified in the Gravamina of 1521, Nos. 73-100 (Wrede, op. cit., II, 694-703).
219.The signatura gratiae and the signatura justitiae were the bureaus through which the pope regulated those matters of administration which belonged to his own special prerogative.
220.See above, pp. 88 f.
221.See above, p. 88, note 3.
222.See above, p. 94.
223.i. e., The cases in which a priest was forbidden to give absolution. The reference here is to cases in which only the pope could absolve. Cf. The XCV Theses, Vol. I, p. 30.
224.A papal bull published annually at Rome on Holy Thursday. It was directed against heretics, but to the condemnation of the heretics and their heresies was added a list of offences which could receive absolution only from the pope, or by his authorisation. In 1522 Luther translated this bull into German as a New Year present for the pope (Weimar Ed., VIII, 691). On Luther's earlier utterances concerning it, see Kohler, L. u. die Kg., pp. 59 2.
225.The breve is a papal decree, of equal authority with the bull, but differing from it in form, and usually dealing with matters of smaller importance.
226.Cf. Luther's earlier statement to the same effect in A Discussion of Confession, Vol. I, pp. 96 f.
227.See above, p. 99.
228.The Fifth Lateran Council (1512-17).
229.See above, p. 90, note 1.
230.In the canon law, Decretal. Greg. lib. i, tit. 6, cap. 4. The decretal forbids the bestowing of the pallium (see above, p. 89, note 3) on an archbishop elect, until he shall first have sworn allegiance to the Holy See.
231.The induction of Church officials into office. The term was used particularly of the greater offices—those of bishop and abbot. These offices carried with them the enjoyment of certain incomes, and the possession of certain temporal powers. For this reason the right of investiture was a bone of contention between popes and emperors during the Middle Ages.
232.Especially in the time of the Emperors Henry IV and V (1056-1125).
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