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

[135] In the canon law, _Decretal. Greg. lib. i, t.i.t. 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 invest.i.ture 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 t.i.tle, "King of the Romans."

[139] In the canon law, _Decretal. Greg. lib. i, t.i.t. 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, t.i.t. 11, cap. 2._

[144] A forged doc.u.ment of the VIII Century, professing to come from the hand of the Emperor Constantine (306-337). The Donation conveyed to the pope t.i.tle 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 a.s.serted 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 inst.i.tution of the "golden" or "jubilee years." Cf. Vol.

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

[151] Cf. the Italian proverb, "G.o.d 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 inst.i.tuted 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 a.s.sisi (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 pa.s.sages 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 _Da.s.s 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 permitt.i.t_. A qualification of the vow.

[171] i. e., Celibacy. _Non promitto cast.i.tatem_.

[172] _Fragilitas humana non permitt.i.t caste vivere_.

[173] _Angelica fort.i.tudo 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 G.o.d-parents to G.o.d-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 ma.s.ses are really but one thing, viz., ma.s.ses 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.