FOOTNOTES

[1] _Unserm furnchmen nach_. See Introduction, p. 57.

[2] An ironical comparison of the monks' cowl and tonsure with the

headgear of the jester.

[3] i. e., Which one turns out to be the real fool.

[4] The proverb ran, _Monachus semper praesens_, "a monk is always

there." See Wander, _Deutsches Sprichworterlexicon_, under Monch, No.

130.

[5] Evidently a reference to the _Gravamina of the German Nation_; see

Gebhardt, _Die Grav. der Deutschen Nation_, Breslau, 1895.

[6] Councils of the Church, especially those of Constance (1414-18),

and of Basel (1431-39).

[7] Charles V. was elected Emperor in 1519, when but twenty years of

age. Hutten expresses his "hopes of good" from Charles in _Vadiscus_

(Bocking, IV, 156).

[8] Frederick Barbarossa (1152-1100).

[9] Frederick II (1212-1250), grandson of Barbarossa and last of the

great Hohenstaufen Emperors. He died under excommunication.

[10] Pope Julius II (1503-1513). Notorious among the popes for his

unscrupulous pursuit of political power, he was continually involved

in war with one and another of the European powers over the possession

of territories in Italy.

[11] Luther's recollection of the figures was faulty.

[12] The term "Romanist" is applied by Luther to the champions of the

extreme form of papal supremacy. C. Vol. I, p. 343 f.

[13] i. e., The three rods for the punishment of an evil pope.

[14] _Spuknisse_, literally "ghosts." The gist of the sentence is,

"the Romanists have frightened the world with ghost-stories."

[15] _Olegotze_--"an image anointed with holy oil to make it sacred";

in modern German, "a blockhead."

[16] Lay-baptism in view of imminent death is a practice as old as the

Christian Church. The right of the laity to administer baptism in such

cases was expressly recognized by the Council of Elvira, in the year

306, and the decree of that Council became a part of the law of the

Church. The right of the laity to give absolution in such cases rests

on the principle that in the absence of the appointed official of the

Church any Christian can do for any other Christian the things that

are absolutely necessary or salvation, for "necessity knows no law."

Cf. Vol. I, p. 30, note 2.

[17] The canon law, called by Luther throughout this treatise and

elsewhere, the "spiritual law," is a general name for the decrees of

councils ("canons" in the strict sense) and decisions of the popes

("decretals," "constitutions," etc.), promulgated by authority of the

popes, and collected in the so-called _Corpus juris canonici_. It

comprised the whole body of Church law, and embodied in legal forms

the mediaeval theory of papal absolutism, which accounts for the

bitterness with which Luther speaks of it, especially in this

treatise. The Corpus includes the following collections of canons and

decretals: The _Decretum of Gratian_ (1142), the _Liber Extra_ (1234),

the _Liber Sextus_ (1298), the _Constitutiones Clementinae_ (1318 or

1317), and the two books of _Extravagantes_ ,--the _Extravagantes of

John XXII_, and the _Extravagantes communes_. The last pope whose

decrees are included is Sixtus IV (died 1484). See _Catholic

Encyclop._,IV, pp. 391 ff.

[18] Augustine, the master-theologian of the Ancient Church, bishop of

Hippo in Africa from 395-430.

[19] Ambrose, bishop of Milan from 374-397, had not yet been baptised

at the time of his election to the episcopate, which was forced upon

him by the unanimous voice of the people of the city.

[20] Cyprian, bishop of Carthage, 247-258, is said to have consented

to accept the office only when the congregation surrounded his house

and besought him to yield to their entreaties.

[21] _Was ausz der Tauff krochen ist_.

[22] The _character indelebilis_, or "indelible mark," received

authoritative statement in the bull _Exultate Deo_ (1439). Eugenius

IV, summing up the Decrees of the Council of Florence, says: "Among

these sacraments there are three--baptism, confirmation, and

orders--which indelibly impress upon the soul a character, i. e., a

certain spiritual mark which distinguishes them from the rest" (Mirbt,

_Quellen_, 2d ed., No. 150). The Council of Trent in its XXIII.

Session, July 15, 1563 (Mirbt, No. 312), defined the correct Roman

teaching as follows: "Since in the sacrament of orders, as in baptism

and confirmation, a character is impressed which cannot be destroyed

or taken away, the Holy Synod justly condemns the opinion of those who

assert that the priests of the New Testament have only temporary

power, and that those once rightly ordained can again be made laymen,

if they do not exercise the ministry of the Word of God."

[23] i. e., They are all Christians, among whom there can be no

essential difference.

[24] The sharp distinction which the Roman Church drew between clergy

and laity found practical application in the contention that the

clergy should be exempt from the jurisdiction of the civil courts,

This is the so-called _privilegium fori_, "benefit of clergy." It was

further claimed that the government of the clergy and the

administration of Church property must be entirely in the hands of the

Church authorities, and that no lay rulers might either make or

enforce laws which in any way affected the Church. See Lea, _Studies

in Church History_, 169-219 and _Prot. Realencyk._, VI, 594.

[25] It was the contention of the Church authorities that priests

charged with infraction of the laws of the state should first be tried

in the ecclesiastical courts. If found guilty, they were degraded from

the priesthood and handed over to the state authorities for

punishment. Formula for degradation in the canon law, C. 2 in VI, _de

poen._ (V, 9). See _Prot. Realencyk._, VI, 589.

[26] The interdict is the prohibition of the administration of the

sacraments and of the other rites of the Church within the territory

upon which the interdict is laid (_Realencyk._, IX, 208 f.). Its use

was not uncommon in the Middle Ages, and during the time that the

power of the popes was at its height it proved an effective means of

bringing refractory rulers to terms. A famous instance is the

interdict laid upon the Kingdom of England by Innocent III in 1208.

Interdicts of more limited local extent were quite frequent. The use

of the interdict as punishment for trifling infractions of church law

was a subject of complaint at the diets of Worms (1521) and Nurnberg

(1524). See A. Wrede, _Deutsche Reichstagsakten unter Kaiser Karl V._,

II, pp. 685 f, III, 665.

[27] The statement of which Luther here complains is found in the

Decretum of Gratian, _Dist. XL, c. 6, Si papa_. In his _Epitome_ (see

Introduction, p. 58), Prierias had quoted this canon against Luther,

as follows: "_A Pontifex indubitatus_ (i. e., a pope who is not

accused of heresy or schism) cannot lawfully be deposed or judged

either by a council or by the whole world, even if he is so scandalous

as to lead people with him by crowds into the possession of hell."

Luther's comment is: "Be astonished, O heaven; shudder, O earth!

Behold, O Christians, what Rome is!" (_Weimar Ed._, VI, 336).

[28] Gregory the Great, pope 590-604. The passage is found in Migne,

LXXVI, 203; LXXVII, 34.

[29] Antichrist, the incarnation of all that is hostile to Christ and

His Kingdom. His appearance is prophesied in 2 Thess. 2:3-10 (the "man

of sin, sitting in the temple of God"); 1 John 2:18, 22; 4:3, and Rev.

13. In the early Church the Fathers sometimes thought the prophecies

fulfilled in the person of some especially pestilent heretic. Wyclif

applied the term to the pope,--"the pope would seem to be not the

vicar of Christ, but the vicar of Antichrist" (see Loos,

_Dogmengeschichte_, 4th ed., p. 649). On Dec. 11, 1518, Luther wrote

to Link: "You can see whether my suspicion is correct that at the

Roman court the true Antichrist rules of whom St. Paul speaks"; and

March 13, 1519, he wrote to Spalatin: "I am not sure but that the pope

is Antichrist or his apostle." It was the worldly pretensions of the

papacy which suggested the idea both to Wyclif and to Luther. By the

year 1520 Luther had come to the definite conclusion that the pope was

the "man of sin, sitting in the temple of God," and this opinion he

never surrendered.

[30] See above, p. 65.

[31] According to academic usage, the holder of a Master's degree was

authorised to expound the subject named in the degree.

[32] The doctrine of papal infallibility was never officially

sanctioned in the Middle Ages, but the claim of infallibility was

repeatedly made by the champions of the more extreme view of papal

power, e. g., Augustinus Triumphus (died 1328) in his _Summa de

potestate Papae_. In his attack upon the XCV Theses (_Dialogus de

potestate Papae_, Dec, 1517) Prierias had asserted, "The supreme

pontiff (i. e., the pope) cannot err when giving a decision as

pontiff, i. e., speaking officially (_ex officio_), and doing what in

him lies to learn the truth"; and again, "Whoever does not rest upon

the teaching of the Roman Church and the supreme pontiff as an

infallible rule of faith, from which even Holy Scripture draws its

vigor and authority, is a heretic" (_Erl. Ed., op. var. arg._, I,

348). In the _Epitome_ he had said: "Even though the pope as an

individual (_singularis persona_) can do wrong and hold a wrong faith,

nevertheless as pope he cannot give a wrong decision" (_Weimar Ed._,

VI, 337).

[33] Most recently in Prierias's _Epitome_. See preceding note.

[34] Luther had discussed the whole subject of the power of the keys

in a Latin treatise, _Resolutio super propositione xiii. de potestate

papae_, of 1519 (_Weimar Ed._, II, pp. 185 ff.), and in the German

treatise _The Papacy at Rome_ (Vol. I, pp. 337-394).

[35] Pp. 66 ff.

[36] Another contention of Prierias. In 1518 (Nov. 25th) Luther had

appealed his cause from the decision of the pope, which he foresaw

would be adverse, to the decision of a council to be held at some

future time. In the _Epitome_ Prierias discusses this appeal,

asserting, among other things, that "when there is one undisputed

pontiff, it belongs to him alone to call a council," and that "the

decrees of councils neither bind nor hold (_nullum ligant vel

astringunt_) unless they are confirmed by authority of the Roman

pontiff" (_Weimar Ed._, VI, 335).

[37] i. e., A mere gathering of people.

[38] The Council of Nicaea, the first of the great councils of the

Church, assembled in 325 for the settlement of the Arian controversy.

Luther's statement that it was called by the Emperor Constantine, and

that its decisions did not derive their validity from any papal

confirmation, is historically correct. On Luther's statements about

this council, see _Schaffer, _Luther als Kirchenhistoriker_, pp. 291

ff.; Kohler, Luther und die Kg., pp. 148 ff.

[39] Luther is here referring to the earlier so-called "ecumenical"

councils.

[40] i. e., A council which will not be subject to the pope. Cf.

_Erl. Ed._, xxvi, 112.

[41] i. e., They belong to the "spiritual estate"; see above, p. 69.

[42] _Der Haufe_, i. e. Christians considered _en masse_, without

regard to official position in the Church.

[43] The papal crown dates from the XI Century; the triple crown, or

tiara, from the beginning of the XIV. It was intended to signify that

very superiority of the pope to the rulers of this world, of which

Luther here complains. See _Realencyk._, X, 532, and literature there

cited.

[44] A statement made by Augustinus Triumphus. See above, p. 73, note

5; and below, p. 246.

[45] The Cardinal della Rovere, afterwards Pope Julius II, held at one

time the archbishopric of Avignon, the bishoprics of Bologna,

Lausanne, Coutances, Viviers, Mende, Ostia and Velletri, and the

abbacies of Nonantola and Grottaferrata. This is but one illustration

of the scandalous pluralism practised by the cardinals. Cf. Lea, in

_Cambridge Mod. Hist._, I, pp. 650 f.

[46] The complaint that the cardinals were provided with incomes by

appointment to German benefices goes back to the Council of Constance

(1415). C. Benrath, p. 87, note 17.

[47] The creation of new cardinals was a lucrative proceeding for the

popes. On July 31, 1517, Leo X created thirty-one cardinals, and is

said to have received from the new appointees about 300,000 ducats.

Needless to say, the cardinals expected to make up the fees out of the

income of their livings. See _Weimar Ed._, VI, 417, note I, and

Pastor, _Gesch. der Papste_ IV, I, 137. C. Hutten's _Vadiscus_

(Bocking IV, 188).

[48] The famous Benedictine monastery just outside the city of

Bamberg.

[49] The proposal made at Constance (see above, p. 82, note 2) was

more generous. It suggested a salary of three to four thousand gulden.

[50] As early as the XIV Century both England and France had enacted

laws prohibiting the very practices of which Luther here complains. It

should be noted, however, that these laws were enforced only

occasionally, and never very strictly.

[51] The papal court or curia consisted of all the officials of

various sorts who were employed in the transaction of papal business,

including those who were in immediate attendance upon the person of

the pope, the so-called "papal family." On the number of such

officials in the XVI Century, see Benrath, p. 88, note 18, where

reference is made to 949 offices, exclusive of those which had to do

with the administration of the city of Rome and of the States of the

Church, and not including the members of the pope's "family." The

_Gravamina_ of 1521 complain that the increase of these offices in

recent years has added greatly to the financial burdens of the German

Church (Wrede, _Deutsche Reichstagsakten unter Kaiser Karl V_, II,

675).

[52] On the annates, see Vol. I, p. 383, note 1. Early in their

history, which dates from the beginning of the XIV. Century, the

annates (_fructus medii temporis_) had become a fixed tax on all

Church offices which fell vacant, and the complaint of extortion in

their appraisement and collection was frequently raised. The Council

of Constance restricted the obligation to bishoprics and abbacies, and

such other benefices as had a yearly income of more than 24 gulden.

The Council of Basel (1430) resolved to abolish them entirely, but the

resolution of the Council was inoperative, and in the Concordat of

Vienna (1448) the German nation agreed to abide by the decision of

Constance. On the use of the term "annates" to include other payments

to the curia, especially the _servitia_, see Catholic Encyclopedia, I,

pp. 537 f.

Luther here alleges that the annates are not applied to their

ostensible purpose, viz., the Crusade. This charge is repeated in the

_Gravamina_ of the German Nation presented to the Diet of Worms

(1521), with the additional allegation that the amount demanded in the

way of annates has materially increased (A. Wrede, _Deutsche

Reichstagsakten unter Kaiser Karl V._, II, pp. 675 f.). Similar

complaints had been made at the Diet of Augsburg (1518), and were

repeated at the Diet of Nurnberg (Wrede, _op. cit._, III, 660).

Hutten calls the annates "a good at robbery" (_Ed._ Bocking, IV, 207).

In England the annates were abolished by Act of Parliament (April 10,

1532)

[53] On the crusading-indulgences, see Vol. I, p. 18.

[54] i. e., As was done by the Council of Basel. See above, p. 84,

note i.

[55] The canons are the clergy attached to a cathedral church who

constituted the "chapter" of that cathedral, and to whom the right to

elect the bishop normally belonged.

[56] 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.

[57] 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.

[58] Charles V, though elected emperor, was not crowned until October

22d.

[59] i. e., A living which has not hitherto been filled by papal

appointment.

[60] 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.)

[61] _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.

[62] 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.

[63] This rule, like the others mentioned above, is contained in the

Concordat of Vienna.

[64] 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.)

[65] 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.)

[66] 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).

[67] See above, p. 86, note 2.

[68] cf. Luther to Spalatin, June 25, 1520 (Enders, II, 424; Smith,

No. 271).

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

[70] 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.

[71] _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).

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

[73] i. e., Offices which cannot be united in the hands of one man.

See e. g., note 3, p. 91.

[74] 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.

[75] The thing which was bought was, of course, the dispensation, or

permission to avail oneself of the gloss.

[76] _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.

[77] 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.

[78] See above, p. 87, note 1.

[79] So Albrecht of Mainz bore the title of "administrator" of

Halberstadt.

[80] The name of this practice was "regression" (_regressus_).

[81] 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).

[82] _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 mediaeval 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.

[83] 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).

[84] For a similar instance quoted at Worms (1521), see Wrede, _op.

cit._, II, 710.

[85] 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.;

[86] Built by Innocent VIII (1454-1490).

[87] See above, p. 93, note 2.

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

[89] 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.

[90] i. e., By buying dispensations.

[91] The sums paid or special dispensations were so called.

[92] The toll which the "robber-barons" of the Rhine levied upon

merchants passing through their domains.

[93] _Ja wend das blat umb szo indistu es_--The translators have

adopted the interpretation of O. Clemen, _L's. Werke_, I, 383.

[94] 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.

[95] 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.

[96] Certificates granting their possessor permission to eat milk,

eggs, butter and cheese on fast days.

[97] The word is used here in the broad sense, and means dispensations

of all sorts, including those just mentioned, relating to penance.

[98] Equivalent to "carrying coals to Newcastle."

[99] The _Campo di Fiore_, a Roman market-place, restored and adorned

at great expense by Eugenius IV (1431-1447), and his successors.

[100] 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.

[101] i. e., The offices and positions in Rome which were for sale.

See Benrath, p. 88, note 18; p. 95, note 36.

[102] See above, p. 84, note 1.

[103] The passage is chapter 31, _Filiis vel nepotibus_. It provides

that in case the income of endowments bequeathed to the Church is

misused, and appeals to the bishop and archbishop fail to correct the

misuse, the heirs of the testator may appeal to the royal courts.

Luther wishes this principle applied to the annates.

[104] See above, pp. 91 f.

[105] See above, p. 91.

[106] See above, p. 94.

[107] i. e.. Promises to bestow on certain persons livings not yet

vacant. Complaint of the evils arising out of the practice was

continually heard from the year 1416. For the complaints made at Worms

(1521), see Wrede, _op. cit._, II, 710.

[108] See above, pp. 86 f.

[109] See above, pp. 92 f.

[110] See above, p. 93.

[111] See above, p. 89.

[112] Rules for the transaction of papal business, including such

matters as appointments and the like. At Worms (1521) the Estates

complain that these rules are made to the advantage of the

"courtesans" and the disadvantage of the Germans. (Wrede, _op. cit._,

II, pp. 675 f.)

[113] The local Church authorities, here equivalent to "the bishops."

On use of term see _Realencyk._, XIV, 424.

[114] The sign of the episcopal office; as regards archbishops, the

_pallium_; see above, p. 8q, and note.

[115] See above, p. 87, note 1.

[116] The first of the ecumenical councils (A. D. 325). The decree to

which Luther here refers is canon IV of that Council. Cf. Kohler, _L.

und die Kg._, pp. 139 ff.

[117] The primate is the ranking archbishop of a country.

[118] "Exemption" was the practice by which monastic houses were

withdrawn from the jurisdiction of the bishops and made directly

subject to the pope. The practice seems to have originated in the X

Century with the famous monastery of Cluny (918), but it was almost

universal in the case of the houses of the mendicant orders. The

bishops made it a constant subject of complaint, and the Lateran

Council (Dec. 19, 1516) passed a decree abolishing all monastic

exemptions, though the decree does not seem to have been effective.

See _Creighton_, History of the Papacy, V, 266.

[119] i. e., Antichrist. See above, p. 73, note 2.

[120] 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.

[121] 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 Kohler, _L. und die Kg._, 151.

[122] 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).

[123] 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).

[124] 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.

[125] See above, pp. 88 f.

[126] See above, p. 88, note 3.

[127] See above, p. 94.

[128] 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.

[129] 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.

[130] 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.

[131] Cf. Luther's earlier statement to the same effect in _A

Discussion of Confession_, Vol. I, pp. 96 f.

[132] See above, p. 99.

[133] The Fifth Lateran Council (1512-17).

[134] See above, p. 90, note 1.

[135] In the canon law, _Decretal. Greg. lib. i, tit. 6, cap. 4_. The

decretal forbids the bestowing of the pallium (see above, p. 89, note

3) on an archbishop elect, until he shall first have sworn allegiance

to the Holy See.

[136] The induction of Church officials into office. The term was used

particularly of the greater offices--those of bishop and abbot. These

offices carried with them the enjoyment of certain incomes, and the

possession of certain temporal powers. For this reason the right of

investiture was a bone of contention between popes and emperors during

the Middle Ages.

[137] Especially in the time of the Emperors Henry IV and V

(1056-1125).

[138] The German Empire was regarded during the Middle Ages as a

continuation of the Roman Empire. (See below, p. 153.) The right to

crown an emperor was held to be the prerogative of the pope; until the

pope bestowed the imperial crown, the emperor bore the title, "King of

the Romans."

[139] In the canon law, _Decretal. Greg. lib. i, tit. 33, cap. 6._

[140] In the treatise, _Resolutio Lutheriana super propositione XIII,

de potestate papae_ (1520). _Weimar Ed._, II, pp. 217 ff.; _Erl. Ed.,

op. var. arg._, Ill, pp. 293 ff.

[141] See p. 70.

[142] cf. _The Papacy at Rome_, Vol. I, pp. 357 f.

[143] A decree of Pope Clement V of 1313, incorporated subsequently in

the canon law, _Clement, lib. ii, tit. 11, cap. 2._

[144] A forged document of the VIII Century, professing to come from

the hand of the Emperor Constantine (306-337). The Donation conveyed

to the pope title to the city of Rome (the capital had been removed to

Constantinople), certain lands in Italy and "the islands of the sea."

It was used by the popes of the Middle Ages to support their claims to

worldly power, and its genuineness was not disputed. In 1440, however,

Laurentius Valla, an Italian humanist, published a work in which he

proved that the Donation was a forgery. This work was republished in

Germany by Ulrich von Hutten in 1517, and seems to have come to

Luther's attention in the early part of 1520, just before the

composition of the present treatise (C. Enders II, 332). Luther

subsequently (1537) issued an annotated translation of the text of the

Donation (_Erl. Ed._, XXV, pp. 176 ff.).

[145] The papal claim to temporal sovereignty over this little

kingdom, which comprised the island of Sicily and certain territories

in Southern Italy, goes back to the XI Century, and was steadily

asserted during the whole of the later Middle Ages. It was one of the

questions at issue in the conflict between the Emperor Frederick II

(1200-1260) and the popes, and played an important part in the history

of the stormy times which followed the all of the Hohenstaufen. The

popes claimed the right to award the kingdom to a ruler who would

swear allegiance to the Holy See. The right to the kingdom was at this

time contested between the royal houses of France and of Spain, of

which latter house the Emperor Charles V was the head.

[146] The popes claimed temporal sovereignty over a strip of territory

in Italy, beginning at Rome and stretching in a northeasterly

direction across the peninsula to a point on the Adriatic south of

Venice, including the cities and lands which Luther mentions. This

formed the so-called "States of the Church." The attempt to

consolidate the States and make the papal sovereignty effective

involved Popes Alexander VI (1492-1503) and Julius II (1503-1513) in

war and entangled them in political alliances with the European powers

and petty Italian states. It resulted at last in actual war between

Pope Clement VII and the Emperor Charles V (1526-1527). See Cambridge

_Modern History_, I, 104-143; 219-252, and literature cited pp.

706-713; 727 f.

[147] A free translation of the Vulgate, _Nemo militans Deo_.

[148] The kissing of the pope's feet was a part of the "adoration"

which he claimed as his right. See above, p. 108.

[149] The three paragraphs enclosed in brackets were added by Luther

to the 2d edition; see Introduction, p. 59.

[150] The holy places of Rome had long been favorite objects of

pilgrimage, and the practice had been zealously fostered by the popes

through the institution of the "golden" or "jubilee years." Cf. Vol.

I, p. 18, and below, p. 114.

[151] Cf. the Italian proverb, "God is everywhere except at Rome;

there He has a vicar."

[152] Cf. Hutten's saying in _Vadiscus_: "Three things there are which

those who go to Rome usually bring home with them, a bad conscience, a

ruined stomach and an empty purse." (Ed. Bocking, IV, p. 169.)

[153] The "golden" or "jubilee years" were the years when special

rewards were attached to worship at the shrines of Rome. The custom

was instituted by Boniface VIII in 1300, and it was the intention to

make every hundredth year a jubilee. In 1343 the interval between

jubilees was fixed at fifty, in 1389 at thirty-three, in 1473 at

twenty-five years. Cf. Vol. I, p. 18.

[154] Cf. the statements in the _Treatise on Baptism_ and the

_Discussion of Confession_, Vol. I, pp. 68 ff., 98.

[155] The houses, or monasteries, of the mendicant or "begging"

orders--the "friars." The members of these orders were sworn to

support themselves on the alms of the faithful.

[156] The three leading mendicant orders were the Franciscan (the

Minorites, or "little brothers"), founded by St. Francis of Assisi

(died 1226), the Dominican (the "preaching brothers"), founded by St.

Dominic (died 1221), and the Augustinian Hermits, to which Luther

himself belonged, and which claimed foundation by St. Augustine (died

430).

[157] The interference of the friars in the duties of the parish

clergy was a continual subject of complaint through this period.

[158] By the middle of the XV Century there were eight distinct sects

within the Franciscan order alone (See _Realencyk._, VI, pp. 212 ff.),

and Luther had himself taken part in a vigorous dispute between two

parties in the Augustinian order.

[159] St. Agnes the Martyr, put to death in the beginning of the IV

Century, one of the favorite saints of the Middle Ages. See Schafer,

_L. als Kirchenhistoriker_, p. 235.

[160] One of the most famous of the German convents, founded in 936.

[161] The celebrated Church Father (died 420). The passages referred

to are in _Migne_, XXII, 656, and XXVI, 562.

[162] Or "community" (_Gemeine_). Cf. _The Papacy at Rome_, Vol. I.

p. 345, note 4. See also _Dass eine christl. Gemeine Recht und Macht

habe_, etc. _Weimar Ed._ XI, pp. 408 ff.

[163] Or "congregation." See note 2.

[164] i. e.. At a time later than that of the Apostles.

[165] The first absolute prohibition of marriage to the clergy is

contained in a decree of Pope Siricius and dated 385. See H. C. Lea,

_History of Sacerdotal Celibacy_, 3d ed. (1907), I, pp. 59 ff.

[166] The priests of the Greek Church are required to marry, and the

controversy over celibacy was involved in the division between the

Greek and Roman Churches.

[167] Cf. Hutten's _Vadiscus_ (Bocking, IV, 199).

[168] i. e., Lie in Roman appointment.

[169] i. e., The ministry in the congregation. See above, p. 119.

[170] _Quantum ragilitas humana permittit_. A qualification of the

vow.

[171] i. e., Celibacy. _Non promitto castitatem_.

[172] _Fragilitas humana non permittit caste vivere_.

[173] _Angelica fortitudo at coelestis virtus_.

[174] The court-jester was allowed unusual freedom of speech. See

Prefatory Letter above, p. 62.

[175] The laws governing marriage were entirely the laws of the

Church. The canon law prohibited marriage of blood-relatives as far as

the seventh degree of consanguinity. In 1204 the prohibition was

restricted to the first our degrees; lawful marriage within these

degrees was possible only by dispensation, which was not all too

difficult to secure, especially by those who were willing to pay for

it (see above, p. 96). The relation of god-parents to god-children was

also held to establish a "spiritual consanguinity" which might serve

as a bar to lawful marriage. See Benrath, p. 103, note 74, and in the

Babylonian Captivity, below, p. 265.

[176] This Luther actually did. When he burned the papal bull of

excommunication (Dec. 10, 1520) a copy of the canon law was also given

to the flames.

[177] i. e., The marriage of the clergy.

[178] On this sort of reserved cases see Discussion of Confession,

Vol. I, pp. 96 ff.

[179] "Irregularity" is the condition of any member of a monastic

order who has violated the prescriptions of the order and been

deprived, in consequence, of the benefits enjoyed by those who live

under the _regula_, viz., the rule of the order.

[180] The three kinds of masses are really but one thing, viz., masses

for the dead, celebrated on certain fixed days in each year, in

consideration of the enjoyment of certain incomes, received either out

of bequeathed endowments or from the heirs of the supposed

beneficiaries.

[181] i. e., Even when the mass is decently said.

[182] See above, p. 72, note 1.

[183] See above, p. 104.

[184] _Das geistliche Unrecht_.

[185] The _Treatise concerning the Ban_, above, pp. 33 ff.

[186] i. e., To those who teach and enforce the canon law.

[187] Luther means the saint's-days and minor religious holidays. See

also the _Discourse on Good Works_, Vol. I, pp. 240 f.

[188] Or "congregation."

[189] i. e., City-council.

[190] _Kirchweihen_, i. e., the anniversary celebration of the

consecration of a church. These days had become feast days for the

parish, and were observed in anything but a spiritual fashion.

[191] i. e., Occasions for drunkenness, gain and gambling.

[192] See above, pp. 96 f.

[193] See above, p. 98, note 2.

[194] Letters entitling their holder to the benefits of the masses

founded by the sodalities or confraternities. See Benrath, p. 103.

[195] See above, p. 98, and Vol. I, p. 22.

[196] The pun is untranslatable,--_Netz, Gesetz solt ich sagen_.

[197] What the pope sold was release from the "snares" and "nets,"

viz., dispensation.

[198] i. e., Even into the law of the church.

[199] _Die wilden Kapellen und Feldkirchen_, i. e., churches which are

built in the country, where there are no congregations.

[200] A little town in East Prussia, where was displayed a sacramental

wafer, said to have been miraculously preserved from a fire which

destroyed the church in 1383. It was alleged that at certain times

this wafer exuded drops of blood, reverenced as the blood of Christ,

and many miracles were said to have been performed by it. Wilsnack

early became a favorite resort for pilgrims. In 1412 the archbishop of

Prague, at the instigation of John Hus, forbade the Bohemians to go

there. Despite the protests of the Universities of Leipzig and Erfurt,

Pope Eugenius IV in 1446 granted special indulgences for this

pilgrimage, and the popularity of the shrine was undiminished until

the time of the Reformation. Cf. _Realencyk_, xxi, pp. 347 ff.

[201] In Mecklenburg, where another relic of "the Holy Blood" was

displayed after 1491. C. Benrath, pp. 104 f.

[202] The "Holy Coat of Trier" was believed by the credulous to be the

seamless coat of Christ, which the soldiers did not rend. It was first

exhibited in 1512, but was said to have been presented to the

cathedral church of Trier by the Empress Helena, mother of Constantine

the Great.

[203] Pilgrimage to the Grimmenthal in Meiningen began in 1499. An

image of the Virgin, declared to have been miraculously created, was

displayed there, and was alleged to work wonderful cures, especially

of syphilis.

[204] The "Fair Virgin (_die schone Maria_) of Regensburg" was an

image of the Virgin similar to that exhibited in the Grimmenthal. The

shrine was opened March 25, 1519, and within a month 50,000 pilgrims

are said to have worshipped there. (_Weimar Ed._, VI, 447, note 1).

For another explanation see Benrath, p. 105.

[205] The pilgrimages were a source of large revenue, derived from the

sale of medals which were worn as amulets, the fees for masses at the

shrines, and the free-will offerings of the pilgrims. A large part of

this revenue accrued to the bishop of the diocese, though the popes

never overlooked the profits which the sale of indulgences or worship

at these shrines could produce. In the _Gravamina_ of 1521 complaint

is made that the bishops demand at least 25 to 33 per cent, of the

offerings made at shrines of pilgrimage (Wrede, _op. cit._, II, 687).

[206] i. e., Every bishop.

[207] The possession of a saint gave a church a certain reputation and

distinction, which was sufficiently coveted to make local Church

authorities willing to pay roundly for the canonisation of a departed

bishop or other local dignitary. Cf. Hutten's _Vadiscus_ (Bocking, IV,

232).

[208] Archbishop of Florence (died 1450). He was canonised, May 31,

1523, by Pope Hadrian VI. When Luther wrote this the process of

canonisation had already begun.

[209] _Indulta_, i. e., grants of special privilege.

[210] "Lead," the leaden seal attached to the bull; "hide", the

parchment on which it is written; "the string," the ribbon or silken

cord from which the seals depend; "wax," the seal holding the cord to

the parchment.

[211] Franciscans, Dominicans, Augustinians, Carmelites and Servites.

[212] _Botschaten_, interpreted by _Benrath_ (p. 105), Clemen (I, 406,

note) and Weimar Ed. (VI, 406, note 1) as a reference to the

_stationarii_. They were wandering beggars who, for an alms, would

enroll the contributor in the list of beneficiaries of their patron

saint, an alleged insurance against disease, accident, etc. They were

classified according to the names of their patron saints, St. Anthony,

St. Hubert, St. Valentine, etc. Protests against their operations were

raised at the Diets of Worms (1521) and Nurnberg (1523). Included in

these protests are the _terminarii_, i.e., the collectors of alms sent

out by the mendicant orders. See Wrede, _op. cit._, II, 678, 688, III,

651, and Benrath, loc. cit.

[213] _Wallbruder_, the professional pilgrims who spent their lives in

wandering from one place of pilgrimage to another and subsisted on the

alms of the faithful.

[214] i. e., If the plan above proposed were adopted.

[215] See above, p. 129, note 1.

[216] See _Treatise on the New Testament_, Vol. I, pp. 308 ff.

[217] In the _Babylonian Captivity_ (below, pp. 291 f.) Luther

definitely excludes penance from the number of sacraments, but see

also p. 177.

[218] The sodalities ("fraternities," "confraternities"), still an

important institution in the Roman Church, flourished especially in

the XVI Century. They are associations for devotional purposes. The

members of the sodalities are obligated to the recitation of certain

prayers and the attendance upon certain masses at stipulated times. By

virtue of membership in the association each member is believed to

participate in the benefits accruing from these "good works" of all

the members. In the case of most of the sodalities membership entitled

the member to the enjoyment of certain indulgences. In 1520 Wittenberg

boasted of 20 such fraternities, Cologne of 80, Hamburg of more than

100 (Realencyk., Ill, 437). In 1519 Degenhard Peffinger, of

Wittenberg, was a member of 8 such fraternities in his home city, and

of 27 in other places. For Luther's view of the sodalities see above,

pp. 8, 26 ff. On the whole subject see Benrath, pp. 106 f.; Kolde in

_Realencyk._, III, pp. 434 ff.; Lea, _Hist. of Conf. and Indulg_, III,

pp. 470 ff.

[219] See above, p. 98, note 2.

[220] See above, p. 128, note 5.

[221] The excesses committed at the feasts of the religious societies

were often a public scandal. See Lea, _Hist, of Conf. and Indulg_,

III, pp. 437 ff.

[222] "Faculties" were extraordinary powers, usually for the granting

of indulgences and of absolution in "reserved cases" (see above, p.

105, note 3). They were bestowed by the pope and could be revoked by

him at any time. Sometimes they were given to local Church officials,

but were usually held by the legates or commissaries sent from Rome.

Complaints were made at the Diets of Worms (1520) and Nurnberg (1523)

that the papal commissaries and legates interfered with the ordinary

methods of ecclesiastical jurisdiction and appointment. See Weede,

_op. cit._, II, 673, III, 653.

[223] Wladislav I forced the Sultan to sue for peace in 1443. At the

instigation of the papal legate, Cardinal Caesarini, who represented

that the treaty had not been approved by the pope, and absolved the

king from the fulfilment of its conditions, he renewed the war in

1444. At the battle of Varna, Nov. 10th, 1444, the Hungarians were

decisively defeated, and Wladislav and Caesarini both killed. See

Creighton, _Hist. of the Papacy_, III, 67.

[224] John Hus and Jerome of Prague were convicted of heresy by the

Council of Constance and burned at the stake, the former July 6th,

1415, the latter May 30th, 1416. Hus had come to Constance under the

safe-conduct of the Emperor Sigismund. Luther is in error when he

assumes that Jerome had a similar safe-conduct. In September, 1415,

the Council passed a decree which asserted that "neither by natural,

divine or human law was any promise to be observed to the prejudice of

the catholic faith." On the whole matter of the safe-conduct and its

violation see Lea, _Hist. of the Inquisition in the M.A._, II, pp. 453

ff.

[225] The League of Cambray, negotiated in 1508 for war against

Venice. In 1510 Venice made terms with the pope and detached him from

the alliance, and the result was war between the pope and the King of

France. See Cambridge _Modern History_, I, pp. 130 ii., and literature

there cited.

[226] i. e. The Hussites. After the martyrdom of Hus his followers

maintained for a time a strong organisation in Bohemia, and resisted

with arms all attempts to force them into conformity with the Roman

Church. The Council of Basel succeeded (1434) in reconciling the more

moderate party among the Bohemians (the Calixtines) by allowing the

administration of the cup to the laity. The more extreme party,

however, refused to subscribe the _Compactata_ of Basel. Though they

soon ceased to be a actor in the political situation, they remained

outside the Church and perpetuated the teachings of Hus in sectarian

organisations. The most important of these, the so-called Bohemian

Brethren, had extended into Poland and Prussia before Luther's time.

See _Realencyk._, Ill, 465-467.

[227] See above, p. 140, note 1.

[228] See Kohler, _L. und die Kirchengesch._, 139, 151.

[229] The Archbishop of Prague was primate of the Church in Bohemia.

[230] The dioceses of these bishops were contiguous to that of the

Archbishop of Prague.

[231] Bishop of Carthage, 240-258 A. D.

[232] _Lass man ihn ein gut jar ha ben_, literally, "Bid him

good-day."

[233] One of the chief points of controversy between the Roman Church

and the Hussites. The Roman Church administered to the laity only the

bread, the Hussites used both elements. See below, pp. 178 f.

[234] Luther had not yet reached the conviction that the

administration of the cup to the laity was a necessity, but see the

argument in _the Babylonian Captivity_, below, pp. 178 ff.

[235] The Bohemian Brethren, who are here distinguished from the

Hussites, Cf. _Realencyk._, Ill, 452, 49.

[236] St. Thomas Aquinas, the great Dominican theologian of the XIII.

Century (1225-74), whose influence is still dominant in Roman

theology.

[237] The view of the sacramental presence adopted by William of

Occam. For Luther's own view at this time, see below, pp. 187 ff.

[238] i. e., If they did not believe in the real presence of the body

and blood of Christ in the Lord's Supper.

[239] Places for training youths in Greek glory.

[240] The philosophy of Aristotle dominated the mediaeval universities.

It not only provided the forms in which theological and religious

truth came to expression, but it was the basis of all scientific study

in every department. The man who did not know Aristotle was an

ignoramus.

[241] Or, "I have read him." Luther's _lesen_ allows of either

interpretation.

[242] Duns Scotus, died 1308. In the XV and XVI Centuries he was

regarded as the rival of Thomas Aquinas for first place among the

theological teachers of the Church.

[243] i. e., In the universities.

[244] See above, pp. 94 f.

[245] i. e., "The chamber of his heart." Boniface VIII (1294-1303) had

decreed, _Romanus pontiex jura omnia in scrinio pectoris sui censetur

habere_, "the Roman pontiff has all laws in the chamber of his heart."

This decree was received into the canon law (_c._ I, de const. In VIto

(I, 2)).

[246] _Doctores decretorum_, "Doctor of Decrees," an academic degree

occasionally given to professors of Canon Law; _doctor scrinii

papalis_, "Doctor of the Papal Heart."

[247] The introduction of Roman law into Germany, as the accepted law

of the empire, had begun in the XII Century. With the decay of the

feudal system and the increasing desire of the rulers to provide their

government with some effective legal system, its application became

more widespread, until by the end of the XV Century it was the

accepted system of the empire. The attempt to apply this ancient law

to conditions utterly different from those of the time when it was

formulated, and the continual conflict between the Roman law, the

feudal customs and the remnants of Germanic legal ideas, naturally

gave rise to a state of affairs which Luther could justly speak of as

"a wilderness."

[248] "Sentences" (_Sententiae, libri sententiarum_) was the title of

the text-books in theology. Theological instruction was largely by way

of comment on the most famous book of Sentences, that of Peter

Lombard.

[249] Cf. Vol. I, p. 7.

[250] i. e., Doctors.

[251] The head-dress of the doctors.

[252] See above, p. 118, note 2.

[253] i. e., The monasteries and nunneries.

[254] i. e.. The name of Christian.

[255] This section did not appear in the first edition; see

Introduction, p. 59.

[256] Charles the Great, King of the Franks, was crowned Roman Emperor

by Pope Leo III in the year 800 A. D. He was a German, but regarded

himself successor to the line of emperors who had ruled at Rome. The

fiction was fostered by the popes, and the German kings, after

receiving the papal coronation, were called Roman Emperors. From this

came the name of the German Empire of the Middle Ages, "the Holy Roman

Empire of the German Nation." The popes of the later Middle Ages

claimed that the bestowal of the imperial dignity lay in the power of

the pope, and Pope Clement V (1313) even claimed that in the event of

a vacancy the pope was the possessor of the imperial power (cf. above,

p. 109). On the whole subject see Bryce, _Holy Roman Empire_, 2d ed.

(1904), and literature there cited.

[257] The city of Rome was sacked by the Visigoths in 410.

[258] Luther is characteristically careless about his chronology. By

the "Turkish Empire" he means the Mohammedan power.

[259] _So sol man die Deutschen teuschen und mit teuschen teuschenn_,

i.e., made Germans (_Deutsche_) by cheating (_teuschen_) them.

[260] See _Cambridge Mediaeval History_, I (1911), pp. 244 f.

[261] Such a law as Luther here suggests was proposed to the Diet of

Worms (1521). Text in Wrede, _Reischstagsakten_, II, 335-341.

[262] Cf. Luther's _Sermon von Kaubandlung und Wucher_, of 1524.

(_Weim. Ed. XV_, pp. 293)

[263] Spices were one of the chief articles of foreign commerce in the

XVI Century. The discovery of the cape-route to India had given the

Portuguese a practical monopoly of this trade. A comparative statement

of the cost of spices for a period of years was reported to the Diet

of Nurnberg (1523). See Wrede, _op. cit._, III, 576.

[264] The _Zinskauf_ or _Rentenkauf_ was a means or evading the

prohibition of usury. The buyer purchased an annuity, but the purchase

price was not regarded as a loan, or it could not be recalled, and the

annual payments could not therefore be called interest.

[265] The practice was legalised by the Lateran Council, 1512.

[266] The XVI Century was the hey-day of the great trading-companies,

among which the Fuggers of Augsburg (see above, p. 97, note 5) easily

took first place. The effort of these companies was directed toward

securing monopolies in the staple articles of commerce, and their

ability to finance large enterprises made it possible for them to gain

practical control of the home markets. The sharp rise in the cost of

living which took place on the first half of the XVI Century was laid

at their door. The Diet of Cologne (1512) had passed a stringent law

against monopolies which had, however, failed to suppress them. The

Diet of Worms (1521) debated the subject (Wrede, _Reichstagsakten_ II,

pp. 355 iff.) "in somewhat heated language" (_ibid._, 842), but failed

to agree upon methods of suppression. The subject was discussed again

at the Diet of Nurnberg (1523) and various remedies were proposed

(ibid., Ill, 556-599).

[267] The profits of the trading-companies were enormous. The 9 per

cent, annually of the Welser (Ehrenberg, _Zeitalter der Fugger_, I,

195), pales into insignificance beside the 1634 per cent, by which the

fortune of the Fuggers grew in twenty-one years (Schulte, _Die Fugger

in Rom_, I, 3). In 1511 a certain Bartholomew Rem invested 900 gulden

in the Hochstetter company of Augsburg; by 1517 he claimed 33,000

gulden profit. The company was willing to settle at 26,000, and the

resulting litigation caused the figures to become public (Wrede, _op.

cit._, II, 842, note 4; III, pp. 574 ff.). On Luther's view of

capitalism see Eck, _Introduction to the Sermon von Kaushandlungund

Wucher_, in _Berl. Ed._, VII, 494-513.

[268] The Diets of Augsburg (1500) and Cologne (1512) had passed

edicts against drunkenness. A committee of the Diet of Worms (1521)

recommended that these earlier edicts be reaffirmed (Wrede, _op.

cit._, II, pp. 343 f.), but the Diet adjourned without acting on the

recommendation (ibid., 737)

[269] _Sie wollen ausbuben, so sich's vielmehr hineinbubt_.

[270] Cf. Muller, _Luther's theol. Quellen_, 1912, ch. I.

[271] In the _Confitendi Ratio_ Luther had set the age for men at

eighteen to twenty, or women at fifteen to sixteen years. See Vol. I,

p. 100.

[272] Translated in this edition, Vol. I, pp. 184 ff; see especially

pp. 266 ff.

[273] These sentences did not appear in the first edition.

[274] See _Letter to Staupitz_, Vol. I, p. 43.

[275] This "little song" is the _Prelude on the Babylonian Captivity

of the Church_. See below, pp. 170 ff.

Works of Martin Luther, with Introductions and Notes (Volume II) · 第 28 / 131 题