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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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

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<p>179</p>

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).

<p>180</p>

For a similar instance quoted at Worms (1521), see Wrede, op. cit., II, 710.

<p>181</p>

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.;

<p>182</p>

Built by Innocent VIII (1454-1490).

<p>183</p>

See above, p. 93, note 2.

<p>184</p>

The Church law forbade the taking of interest on loans of money.

<p>185</p>

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.

<p>186</p>

i. e., By buying dispensations.

<p>187</p>

The sums paid or special dispensations were so called.

<p>188</p>

The toll which the "robber-barons" of the Rhine levied upon merchants passing through their domains.

<p>189</p>

Ja wend das blat umb szo indistu es—The translators have adopted the interpretation of O. Clemen, L's. Werke, I, 383.

<p>190</p>

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.

<p>191</p>

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.

<p>192</p>

Certificates granting their possessor permission to eat milk, eggs, butter and cheese on fast days.

<p>193</p>

The word is used here in the broad sense, and means dispensations of all sorts, including those just mentioned, relating to penance.

<p>194</p>

Equivalent to "carrying coals to Newcastle."

<p>195</p>

The Campo di Fiore, a Roman market-place, restored and adorned at great expense by Eugenius IV (1431-1447), and his successors.

<p>196</p>

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.

<p>197</p>

i. e., The offices and positions in Rome which were for sale. See Benrath, p. 88, note 18; p. 95, note 36.

<p>198</p>

See above, p. 84, note 1.