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

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

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.