140

A statement made by Augustinus Triumphus. See above, p. 73, note 5; and below, p. 246.

141

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.

142

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.

143

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).

144

The famous Benedictine monastery just outside the city of Bamberg.

145

The proposal made at Constance (see above, p. 82, note 2) was more generous. It suggested a salary of three to four thousand gulden.

146

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.

147

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).

148

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 Nürnberg (Wrede, op. cit., III, 660). Hutten calls the annates "a good at robbery" (Ed. Böcking, IV, 207). In England the annates were abolished by Act of Parliament (April 10, 1532)

149

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

150

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

151

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.

152

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.

153

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.

154

Charles V, though elected emperor, was not crowned until October 22d.

155

i. e., A living which has not hitherto been filled by papal appointment.

156

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.)

157

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.

158

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.

159

This rule, like the others mentioned above, is contained in the Concordat of Vienna.

160

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.)

161

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