Works of Martin Luther, with Introductions and Notes (Volume II). Martin Luther

that the pope has six months in the year—every other month—in which to bestow the benefices which all vacant in his months152. In this way almost all the benefices are absorbed by Rome, especially the very best livings and dignities153, and when once they fall into the hands of Rome, they never come out of them again, though a vacancy may never again occur in the pope's month. Thus the canons are cheated. This is a genuine robbery, which intends to let nothing escape. Therefore it is high time that the "papal months" be altogether abolished, and that everything which they have brought to Rome be taken back again. For the princes and nobles should take measures that the stolen goods be returned, the thieves punished, and those who have abused privilege be deprived of privilege. If it is binding and valid when the pope on the day after his election makes, in his chancery, rules and laws whereby our foundations and livings are robbed,—a thing which he has no right to do; then it should be still more valid if the Emperor Charles on the day after his coronation154 were to make rules and laws that not another benefice or living in all Germany shall be allowed to come into the hands of Rome by means of the "papal months," and that the livings which have already fallen into its hands shall be released, and redeemed from the Roman robbers; for he has this right by virtue of his office and his sword.

      But now the Roman See of Avarice and Robbery has not been able to await the time when all the benefices, one after another, would, by the "papal months," come into its power, but hastens, with insatiable appetite, to get possession of them all as speedily as possible; and so besides the annates and the "months" it has hit upon a device by which benefices and livings all to Rome in three ways:

      First, If any one who holds a free155 living dies at Rome or on the way to Rome, his living must forever belong to the Roman—I should rather say the robbing—See156; and yet they will not be called robbers, though they are guilty of such robbery as no one has ever heard or read about.

      Second, In case any one who belongs to the household of the pope or of the cardinals157 holds or takes over a benefice, or in case one who already holds a benefice afterwards enters the "household" of the pope or of a cardinal. But who can count the "household" of the pope and of the cardinals, when the pope, if he only goes on a pleasure-ride, takes with him three or our thousand mule-riders, eclipsing all emperors and kings? Christ and St. Peter went on foot in order that their vicars might have the more pomp and splendor. Now avarice has cleverly thought out another scheme, and brings it to pass that even here many have the name of "papal servant," just as though they were in Rome; all in order that in every place the mere rascally little word "papal servant" may bring all benefices to Rome and tie them fast there forever. Are not these vexatious and devilish inventions? Let us beware! Soon Mainz, Madgeburg and Halberstadt will gently pass into the hands of Rome, and the cardinalate will be paid for dearly enough158. "Afterwards we will make all the German bishops cardinals so that there will be nothing let outside."

      Third, When a contest has started at Rome over a benefice159. This I hold to be almost the commonest and widest road or bringing livings to Rome. For when there is no contest at home, unnumbered knaves will be found at Rome to dig up contests out of the earth and assail livings at their will. Thus many a good priest has to lose his living, or settle the contest for a time by the payment of a sum of money160. Such a living rightly or wrongly contested must also belong forever to the Roman See. It would be no wonder if God were to rain from heaven fire and brimstone and to sink Rome in the abyss, as He did Sodom and Gomorrah of old [Gen. 19:24]. Why should there be a pope in Christendom, if his power is used or nothing else than such archknavery, and if he protects and practices it? O noble princes and lords, how long will ye leave your lands and people naked to these ravening wolves!

      [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

152

This whole section deals with the abuse of the "right of reservation," i. e., the alleged right of the pope to appoint directly to vacant church positions. According to papal theory the right of appointment belonged absolutely to the pope, who graciously yielded the right to others under certain circumstances, reserving it to himself in other cases. The practice of reserving the appointments seems to date from the XII Century, and was originally an arbitrary exercise of papal authority. The rules which came to govern the reservation of appointments were regarded as limitations upon the authority of the pope, The rule of the "papal months," as it obtained in Germany in Luther's time, is found in the Concordat of Vienna of 1448 (Mirbt, Quellen, 2d ed., No. 261, pp. 167 f.). It provides that livings, with the exception of the higher dignities in the cathedrals and the chief posts in the monasteries, which all vacant in the months of February, April, June, August, October and December, shall be filled by the ordinary method—election, presentation, appointment by the bishop, etc.—but that vacancies occurring in the other months shall be filled by appointment of the pope.

153

i. e., Church offices which carried with them certain rights of jurisdiction and gave their possessors a certain honorary precedence over other officials of the Church. See Meyer in Realencyk., IV, 658.

154

Charles V, though elected emperor, was not crowned until October 22d.

155

i. e., A living which has not hitherto been filled by papal appointment.

156

This rule, like that of the "papal months," is found in the Concordat of Vienna. Luther's complaint is reiterated in the Gravamina of 1521. (Wrede, Deutsche Reichstagsakten, etc., II, 673.)

157

Des Papstes und der Cardinale Gesinde, i. e., all those who were counted members of the "family" or "household" (called Dienstverwandte in the Gravamina of 1521) of the pope or of any of the cardinals. The term included those who were in immediate attendance upon the pope or the cardinals, and all those to whom, by virtue of any special connection with the curia, the name "papal servant" could be made to apply. These are the "courtesans" to whom Luther afterwards refers.

158

In 1513 Albrecht of Brandenburg was made Archbishop of Magdeburg and later in the same year Administrator of Halberstadt; in 1514 he became Archbishop of Mainz as well. In 1518 he was made cardinal.

159

This rule, like the others mentioned above, is contained in the Concordat of Vienna.

160

Cf. The Gravamina of 1521, No. 20, Von anfechtung der cordissanen (see above, p. 88, note 3), where the name cordissei is applied to the practice of attacking titles to benefices. (Wrede, op. cit., II, pp. 677 f.)

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."