The Curia
3. If ninety-nine parts of the papal court51 were done away and only the hundredth part allowed to remain, it would still be large enough to give decisions in matters of faith. Now, however, there is such a swarm of vermin yonder in Rome, all boasting that they are “papal,” that there was nothing like it in Babylon. There are more than three thousand papal secretaries alone; who will count the other offices, when they are so many that they scarcely can be counted? And they all lie in wait for the prebends and benefices of Germany as wolves lie in wait for the sheep. I believe that Germany now gives much more to the pope at Rome than it gave in former times to the emperors. Indeed, some estimate that every year more than three hundred thousand gulden find their way from Germany to Rome, quite uselessly and fruitlessly; we get nothing for it but scorn and contempt. And yet we wonder that princes, nobles, cities, endowments, land and people are impoverished! We should rather wonder that we still have anything to eat!
Since we here come to the heart of the matter, we will pause a little, and let it be seen that the Germans are not quite such gross fools as not to note or understand the sharp practices of the Romans. I do not now complain that at Rome God’s command and Christian law are despised; for such is the state of Christendom, and particularly of Rome, that we may not now complain of such high matters. Nor do I complain that natural or temporal law and reason count for nothing. The case is worse even than that. I complain that they do not keep their own self-devised canon law, though it is, to be sure, mere tyranny, avarice and temporal splendor, rather than law. Let us see!
The Annates
In former times German emperors and princes permitted the pope to receive the annates from all the benefices of the German nation, i. e., the half of the first year’s revenues from each benefice52. This permission was given, however, in order that by means of these large sums of money, the pope might accumulate a treasure for fighting against the Turks and infidels in defence of Christendom, so that the burden of the war might not rest too heavily upon the nobility, but that the clergy also should contribute something toward it. This single-hearted devotion of the German nation the popes have so used, that they have received this money for more than a hundred years, have now made of it a binding tax and tribute, and have not only accumulated no treasure, but have used the money to endow many orders and offices at Rome, and to provide these offices with salaries, as though the annates were a fixed rent.
Saracen-tax
When they pretend that they are about to fight against the Turks, they send out emissaries to gather money. Ofttimes they issue an indulgence on this same pretext of fighting the Turks53, for they think the mad Germans are forever to remain utter and arrant fools, give them money without end, and satisfy their unspeakable greed; though we clearly see that not a heller of the annates or of the indulgence-money or of all the rest, is used against the Turks, but all of it goes into the bottomless bag. They lie and deceive, make laws and make agreements with us, and they do not intend to keep any of them. All this must be counted the work of Christ and St. Peter!
Now, in this matter the German nation, bishops and princes, should consider that they too are Christians, and should protect the people, whom they are set to rule and guard in things temporal and spiritual, against these ravening wolves who, in sheep’s clothing, pretend to be shepherds and rulers; and, since the annates are so shamefully abused and the stipulated conditions are not fulfilled, they should not permit their land and people to be so sadly robbed and ruined, against all justice; but by a law of the emperor or of the whole nation, they should either keep the annates at home or else abolish them again54. For since the Romans do not keep the terms of the agreement, they have no right to the annates. Therefore the bishops and princes are bound to punish or prevent such thievery and robbery, as the law requires.
In this they should aid the pope and support him, or he is perchance too weak to prevent such an abuse all by himself; or if he were to undertake to defend and maintain this practice, they ought resist him and fight against him as against a wolf and a tyrant, for he has no authority to do or to defend evil. Moreover, if it were ever desired to accumulate such a treasure against the Turks, we ought in the future to have sense enough to see that the German nation would be a better custodian or it than the pope; for the German nation has people enough or the fighting, if only the money is forthcoming. It is with the annates as it has been with many another Roman pretence.
Papal Months
Again, the year has been so divided between the pope and the ruling bishops and canons55, that the pope has six months in the year — every other month — in which to bestow the benefices which all vacant in his months56. In this way almost all the benefices are absorbed by Rome, especially the very best livings and dignities57, and when once they fall into the hands of Rome, they never come out of them again, though a vacancy may never again occur in the pope’s month. Thus the canons are cheated. This is a genuine robbery, which intends to let nothing escape. Therefore it is high time that the “papal months” be altogether abolished, and that everything which they have brought to Rome be taken back again. For the princes and nobles should take measures that the stolen goods be returned, the thieves punished, and those who have abused privilege be deprived of privilege. If it is binding and valid when the pope on the day after his election makes, in his chancery, rules and laws whereby our foundations and livings are robbed, — a thing which he has no right to do; then it should be still more valid if the Emperor Charles on the day after his coronation58 were to make rules and laws that not another benefice or living in all Germany shall be allowed to come into the hands of Rome by means of the “papal months,” and that the livings which have already fallen into its hands shall be released, and redeemed from the Roman robbers; for he has this right by virtue of his office and his sword.
But now the Roman See of Avarice and Robbery has not been able to await the time when all the benefices, one after another, would, by the “papal months,” come into its power, but hastens, with insatiable appetite, to get possession of them all as speedily as possible; and so besides the annates and the “months” it has hit upon a device by which benefices and livings all to Rome in three ways:
First, If any one who holds a free59 living dies at Rome or on the way to Rome, his living must forever belong to the Roman — I should rather say the robbing — See60; and yet they will not be called robbers, though they are guilty of such robbery as no one has ever heard or read about.
Second, In case any one who belongs to the household of the pope or of the cardinals61 holds or takes over a benefice, or in case one who already holds a benefice afterwards enters the “household” of the pope or of a cardinal. But who can count the “household” of the pope and of the cardinals, when the pope, if he only goes on a pleasure-ride, takes with him three or our thousand mule-riders, eclipsing all emperors and kings? Christ and St. Peter went on foot in order that their vicars might have the more pomp and splendor. Now avarice has cleverly thought out another scheme, and brings it to pass that even here many have the name of “papal servant,” just as though they were in Rome; all in order that in every place the mere rascally little word “papal servant” may bring all benefices to Rome and tie them fast there forever. Are not these vexatious and devilish inventions? Let us beware! Soon Mainz, Madgeburg and Halberstadt will gently pass into the hands of Rome, and the cardinalate will be paid for dearly enough62. “Afterwards we will make all the German bishops cardinals so that there will be nothing let outside.”
Third, When a contest has started at Rome over a benefice63. This I hold to be almost the commonest and widest road or bringing livings to Rome. For when there is no contest at home, unnumbered knaves will be found at Rome to dig up contests out of the earth and assail livings at their will. Thus many a good priest has to lose his living, or settle the contest for a time by the payment of a sum of money64. Such a living rightly or wrongly contested must also belong forever to the
Roman See. It would be no wonder if God were to rain from heaven fire and brimstone and to sink Rome in the abyss, as He did Sodom and Gomorrah of old [Gen. 19:24]. Why should there be a pope in Christendom, if his power is used or nothing else than such archknavery, and if he protects and practices it? O noble princes and lords, how long will ye leave your lands and people naked to these ravening wolves!
The Pallium
Since even these practices were not enough, 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 pallium65, and bind himself with terrible oaths to be the pope’s servant66. 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 chapters67 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 Strassburg68 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 unfilled69. And this he does in many ways, as follows:
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 living70 must be surrendered, and the whole thing all into the hands of Rome.
Commendations
Second, There is a little word commend71, 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 monk72, 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.
Incorporation
Union
Third, There are some benefices which they call incompatibilia73, 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,”74 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”75 from the pope or his datarius76. 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 courtesan77 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.
Administration
Another of the “glosses” is the administratio, i. e., a man may have beside his bishopric, an abbacy or a dignity78, and possess all the property which goes with it, only he has no other title than that of “administrator.”79 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)
Regression
Again, dear Roman Avarice has invented the custom of selling and bestowing livings to such advantage that the seller or disposer retains reversionary rights80 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 revenue81. In olden times this was simony82. 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]
Reservation in pectore
Yet all that has hitherto been said is ancient history and an every-day occurrence at Rome. Avarice has devised one thing more, which may, I hope, be his last morsel, and choke him. The pope has a noble little device called pectoralis reservatio, i. e., his “mental reservation,” and proprius motus, i. e., the “arbitrary will of his authority.”83 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 second84. 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, Cairo85 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?
Collected Works of Martin Luther Page 10