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

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

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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

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<p>161</p>

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.)

<p>162</p>

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).

<p>163</p>

See above, p. 86, note 2.

<p>164</p>

cf. Luther to Spalatin, June 25, 1520 (Enders, II, 424; Smith, No. 271).

<p>165</p>

i. e., The benefices are treated as though they were vacant.

<p>166</p>

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.

<p>167</p>

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).

<p>168</p>

A monk who deserted his monastery was known as an "apostate."

<p>169</p>

i. e., Offices which cannot be united in the hands of one man. See e. g., note 3, p. 91.

<p>170</p>

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.

<p>171</p>

The thing which was bought was, of course, the dispensation, or permission to avail oneself of the gloss.

<p>172</p>

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.

<p>173</p>

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.

<p>174</p>

See above, p. 87, note 1.

<p>175</p>

So Albrecht of Mainz bore the title of "administrator" of Halberstadt.

<p>176</p>

The name of this practice was "regression" (regressus).

<p>177</p>

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).

<p>178</p>

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.