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

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,

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.