The Dataria
Finally, for all this noble commerce the pope has built a warehouse, namely, the house of the datarius86, in Rome. Thither all must come who deal after this fashion in benefices and livings. From him they must buy their “glosses”87 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 usury88 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 defect89. 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 himself90 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 compositiones91! “Compositions” indeed! rather “confusions”! Oh, what a modest tax is the Rhine-toll92, 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 opposite93.
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 Augsburg94, 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 confession95, “butter-letters”96 and other confessionalia97, — all this I consider mere patch-work, and like casting a single devil more into hell98. 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 Campoflore99 and Belvidere100 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 officia101 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.
Abolition of Annates
1. Every prince, nobleman and city should boldly forbid their subjects to pay the annates to Rome and should abolish them entirely102; for the pope has broken the compact, and made the annates a robbery, to the injury and shame of the whole German nation. He gives them to his friends, sells them for large amounts of money, and uses them to endow offices. He has thus lost his right to them, and deserves punishment. It is therefore the duty of the temporal authorities to protect the innocent and prevent injustice, as Paul teaches in Romans xiii [Rom. 13:4], and St. Peter in I Peter ii (1 Pet. 2:14), Rom. and even the canon law in Case 16, Question 7, de filiis103. Thus it has come about that men are saying to the pope and his followers, Tu ora, “Thou shalt pray”; to the emperor and his followers, Tu protege, “Thou shalt guard”; to the common man, Tu labora, “Thou shalt work.” Not, however, as though everyone were not to pray, guard and work; for the man who is diligent in his calling is praying, guarding and working in all that he does, but everyone should have his own especial task.
Prohibition of Roman Appointments
2. Since the pope with his Roman practices — his commends104, adjutories105, reservations106, gratiae expectativae107, papal months108, incorporations109, unions110, pallia111, rules in chancery112, and such like knavery — usurps all the German foundations without authority and right, and gives and sells them to foreigners at Rome, who do nothing in German lands to earn them; and since he thereby robs the ordinaries113 of their rights, makes the bishops mere ciphers and figure-heads, and acts against his own canon law, against nature and against reason, until it has finally gone so far that out of sheer avarice the livings and benefices are sold to gross, ignorant asses and knaves at Rome, while pious and learned folk have no profit of their wisdom and merit, so that the poor people of the German nation have to go without good and learned prelates and thus go to ruin:
Therefore, the Christian nobility should set itself against the pope as against a common enemy and destroyer of Christendom, and should do this for the salvation of the poor souls who must go to ruin through his tyranny. They should ordain, order, and decree, that henceforth no benefice shall be drawn into the hands of Rome, and that hereafter no appointment shall be obtained there in any manner whatsoever, but that the benefices shall be brought out and kept out from under this tyrannical authority; and they should restore to the ordinaries the right and office of ordering these benefices in the German nation as best they may. And if a “courtesan” were to come from Rome, he should receive a strict command either to keep his distance, or else to jump into the Rhine or the nearest river, and take the Roman ban, with its seals and letters, to a cold bath. They would then take note at Rome that the Germans are not always mad and drunken, but that they have really become Christians, and intend to permit no longer the mockery and scorn of the holy name of Christ, under which all this knavery and destruction of souls goes on, but have more regard to God and His glory than to the authority of men.
Restoration of Local Church Rights
3. An imperial law should be issued, that no bishop’s c
loak114 and no confirmation of any dignity115 whatsoever shall henceforth be secured from Rome, but that the Church ordinance of the most holy and most famous Council of Nicaea116 shall be restored, in which it is decreed that a bishop shall be confirmed by the two nearest bishops or by the archbishop. If the pope will break the statutes of this and of all other councils, what is the use of holding councils; or who has given him the authority thus to despise and break the rules of councils?
If he has this power then we should depose all bishops, archbishops and primates117 and make them mere parish-priests, so that the pope alone may be over them, as he now is. He leaves to bishops, archbishops and primates no regular authority or office, usurps everything for himself, and lets them keep only the name and empty title. It has gone so far that by his “exemptions”118 the monasteries, the abbots and the prelates are withdrawn from the regular authority of the bishops, so that there is no longer any order in Christendom. From this must follow what has followed — relaxation of discipline and license to do evil everywhere — so that I verily fear the pope can be called the “man of sin.” (2 Thess. 2:3) There is in Christendom no discipline, no rule, no order; and who is to blame except the pope? This usurped authority of his he applies strictly to all the prelates, and takes away their rods; and he is generous to all subjects, giving them or selling them their liberty. 119
Nevertheless, for fear he may complain that he is robbed of his authority, it should be decreed that when the primates or archbishops are unable to settle a case, or when a controversy arises among themselves, such a case must be laid before the pope, but not every little matter120. Thus it was done in olden times, and thus the famous Council of Nicaea decreed121. If a case can be settled without the pope, then his Holiness should not be troubled with such minor matters, but give himself to that prayer, meditation and care for all Christendom, of which he boasts. This is what the Apostles did. They said, “It is not meet that we should leave the Word of God and serve tables, but we will keep to preaching and prayer and set others over the work.” [Acts 6:2] But now Rome stands or nothing else than the despising of the Gospel and of prayer, and for the serving of “tables,” i. e., of temporal affairs, and the rule of the Apostles and of the pope agree as Christ agrees with Lucifer, heaven with hell, night with day; yet he is called “Vicar of Christ and Successor of the Apostles.”
Exclusion of Temporal Matters from the Papal Court
4. It should be decreed that no temporal matter shall be taken to Rome122, but that all such cases shall be left to the temporal authorities, as the Romans themselves decree in that canon law of theirs, which they do not keep. For it should be the duty of the pope, as the man most learned in Papal the Scriptures and most Holy, not in name only, but in truth, to administer affairs which concern the faith and holy life of Christians, to hold the primates and archbishops to these things, and to help them in dealing with and caring for these matters. So St. Paul teaches in I Corinthians vi, and takes the Corinthians severely to task or their concern with worldly things (1 Cor. 6:7). For it works intolerable injury to all lands that such cases are tried at Rome. It increases the costs, and moreover the judges do not know the manners, laws and customs of the various countries, so that they often do violence to the acts and base their decisions on their own laws and opinions, and thus injustice is inevitably done the contestants.
and from the Bishops’ Courts
Moreover, the outrageous extortion practised by the officiales123 must be forbidden in all the dioceses, courts so that they may attend to nothing else than matters of faith and good morals, and leave to the temporal judges the things that concern money, property, life and honor. The temporal authorities, therefore, should not permit sentences of ban or exile when faith or right life is not concerned. Spiritual authorities should have rule over spiritual goods, as reason teaches; but spiritual goods are not money, nor anything pertaining to the body, but they are faith and good works.
A German Church Organization
Nevertheless it might be granted that cases which concern benefices or livings should be tried before bishops, archbishops and primates. Therefore, in order to decide contests and contentions, it might be possible for the Primate of Germany to maintain a general consistory, with auditors and chancellors, which should have control over the signaturae gratiae and signaturae justitiae124, that are now controlled at Rome, and which should be the final court of appeal for German cases. The officers of this consistory must not, however, be paid, as at Rome, by chance presents and gifts, and thereby acquire the habit of selling justice and injustice, which they now have to do at Rome because the pope gives them no remuneration, but allows them to fatten themselves on presents. For at Rome no one cares what is right or not right, but only what is money or not money. This court might, however, be paid out of the annates, or some other way might easily be devised, by those who are more intelligent and who have more experience in these matters than I. All I wish to do is to arouse and set to thinking those who have the ability and the inclination to help the German nation become once more free and Christian, after the wretched, heathenish and unchristian rule of the pope.
Abolition of Reservations
5. No more reservations should be valid, and no more benefices should be seized by Rome, even if the incumbent dies, or there is a contest, or the incumbent is a “servant” of a cardinal or of the pope125; and it should be strictly forbidden and prevented that any “courtesan”126 should institute a contest over any benefice, so as to cite pious priests to Rome, harass them and drive them into lawsuits. If, in consequence of this prohibition, there should come from Rome a ban or an ecclesiastical censure, it should be disregarded, just as though a thief were to lay a man under the ban because he would not let him steal. Indeed they should be severely punished because they so blasphemously misuse the ban and the name of God to support their robbery, and with falsely devised threats would drive us to endure and to praise such blasphemy of God’s name and such abuse of Christian authority, and thus to become, in the sight of God, partakers in their rascality; it is our duty before God to resist it, or St. Paul, in Romans i, reproves as guilty of death not only “those who do such things,” but also those who consent to such things and allow them to be done [Rom. 1:32]. Most unbearable of all is the lying reservatio pectoralis127, whereby Christendom is so scandalously and openly put to shame and scorn, because its head deals in open lies, and out of love for the accursed money, shamelessly deceives and fools everybody.
Abolition of Reserved Cases
6. The casus reservati128, the “reserved cases,” should also be abolished, for not only are they the means of served extorting much money from the people, but by means of them the ravening tyrants ensnare and confuse many poor consciences, to the intolerable injury of their faith in God. This is especially true of the ridiculous and childish cases about which they make so much ado in the Bull Coena Domini129, and which are not worth calling daily sins, still less cases so grave that the pope may not remit them by any indulgence; as for example, hindering a pilgrim on his way to Rome, furnishing weapons to the Turks, or tampering with papal letters. With such gross, crazy, clumsy things do they make fools of us! Sodom and Gomorrah, and all the sins which are committed and can be committed against the commandments of God are not reserved cases; but sins against what God has never commanded and what they have themselves devised, these must be reserved cases, solely that no one be hindered in bringing money to Rome, in order that, safe from the Turks, they may live in luxury and keep the world under their tyranny with their wanton, useless bulls and breves130.
All priests ought rightly to know, or else there should be a public ordinance to that effect, that no secret sin, of which a man has not been publicly accused, is a reserved case, and that every priest has the power to remit all sorts of sins, however they may be called, so long as they are secret; moreover that no abbot, bishop or pope has the power to reserve any such case to himself131. If they attempt it, their reservation does not ho
ld and is not valid, and they should be reproved, as men who without authority interfere in God’s judgment, and without cause ensnare and burden poor, ignorant consciences. But if great public sins are committed, especially sins against God’s commandments, then there is indeed a reason for reserved cases, but even then there should not be too many of them, and they should not be reserved arbitrarily and without cause; for Christ has set in His Church not tyrants, but shepherds, as saith St. Peter (1 Pet. 5:3).
Diminution of the Papal Household
7. The Roman See should also do away with the officia132, and diminish the swarm of vermin at Rome, so that the pope’s household can be supported by the pope’s own purse. The pope should not allow his court to surpass in pomp and extravagance the courts of all kings, seeing that such a condition not only has never been serviceable to the cause of Christian faith, but the courtiers have been kept thereby from study and prayer, until they are scarce able to speak about the faith at all. This they proved quite plainly at the last Roman Council133, in which, amongst many other childish and frivolous things, they decreed that the soul of man is immortal and that every priest must say his prayers once a month on pain of losing his benefice. How shall matters which concern faith and the Church be decided by people so hardened and blinded by great avarice, wealth and worldly splendor, that they have only now decreed that the soul is immortal? It is no small shame to all Christians that at Rome they deal so disgracefully with the faith. If they had less wealth and pomp, they could pray and study better, and so become worthy and able to deal with matters of faith, as was the case in olden times when they were bishops, and did not presume to be kings over all kings.
Collected Works of Martin Luther Page 11