How the cunning plots of the papists harmed them themselves, since the imperial order issued by them to hand over Luther's books to the authorities in all places and to force him to recant, not only caused the imperial estates to force the emperor to summon Luther personally to Worms and to interrogate him, but also caused a large number of complaints against the Roman See to be brought before the emperor.
A. About the written recantation of the Emperor by Chursachsen, which was proposed to Luther by the Papists, and how steadfastly Luther declares himself against it.
535 Luther's answer and explanation to Spalatin, who reported to Luther about the imperial order, titled March 19, 1521, that if he were to come to Worms only for the recantation, he would not want to appear, since he could also recant at Wittenberg if it were only a matter of that. But if the emperor wanted to demand that he be killed, he would appear, because he did not think to flee and leave the word in danger.
The original of this letter is in the Anhaltisches Gesammt-Archiv. Printed by Aurifaber, vol. I, p. 313 5; by De Wette, vol. I, p. 574 and in the Erlanger Briefwechsel, vol. Ill, p. 113. In German translation in the Wittenberger (1569), vol.IX, p. 1035 (incomplete); in the Jenaer (1564), vol. I, p.435; in the Altenburger, vol. I, p. 711 and in the Leipziger, vol. XVIII, p.569. We have retranslated according to destlanger Briefwechsel, which provides the original.
Newly translated from the Latin.
His friend in the Lord, George Spalatin, the disciple of Christ, the pious and learned man.
Jesus.
Hail! I have received the articles I am to revoke, 1) dear Spalatin, and the instructions about the things I am to do. Do not doubt that I am not revoking anything.
1) These articles, which are all taken from Luther's "Babylonian Captivity" (St. Louis Edition, Vol. XIX, 4ff.) and "Grund und Ursach aller Artikel" etc. (in this volume no. 448) are found in Förstemann's "Neues Urkundenbuch", Latin p. 44, German p. 46, but with several very gross errors. We note here
after I see that they are not based on any other evidence than that I have written against the custom and usage of the church (which they invent). I will answer the Emperor Carl that if I have been summoned solely for the sake of recantation, I will not come, since it would be the same as if I had already come there and returned here. For I could also revoke here, if only I had to revoke.
By the way, if he would call me to be killed, and because of this answer consider me an enemy of the kingdom, I will offer to come. For I will not flee, if Christ is gracious to me, nor forsake the word in the midst of the battle. But I am quite sure that those bloodthirsty people will not rest until they have killed me. But I would wish that no one but the papists would be guilty of my blood, if only it were in my power. We have become pagans again, as we were before Christ: so even this exceedingly cunning Antichrist holds the kingdoms, the world, captive in his hand. May the will of the Lord be done. You advise, if you can, that they do not take part in the wicked assembly of the wicked. M. Jodocus Mörlin 2) says, he
only a few: In the text p.44a, line 3 is to be read instead of Xs tanäsm: n6Mt. p. 445, line 2 v. u. is to be read instead of ynickyniä extrennirn 68t, 6^nu5u 6886: [niä^niä 6M8rnoäi 68t, r6sicÜ6N<Ia, 6886. p. 45 u, Z. 15 v. o. is to be read instead of ix>8i onUiOot: nnienic^no. P. 45 u, line 23 v. o. is to be read instead of in 66t6ri8: 6l6rioo8. P. 46, line 18 in the text is to be read instead of "vnguttich": ungodly. P.465, line 10 v.u. is to be read instead of "with": nit.
2) ift. Jodocus Mörlin von Feldkirchen was professor of methaphysics in Wittenberg. After the death of D. Henning Göde, he was given the
has given three guilders to all D. Hieronymus [Schurf] for writing fees, and he will also pay the other if it is necessary, if he only knew how much is still to be added, although he is penniless and even poor.
We have often dealt with the Hebrew lection, and according to our judgment, Aurogallus is sent to this professorship, whom you can propose to the most noble prince. There is nothing else with us. By the way, the Magnificat 1) is under press, I do not know when it will be completed. Fare well in the Lord, and greet those who are to be greeted. Wittenberg, Tuesday after Judica [March 19] 1521, the day on which I received your last letter.
Martin Luther, Augustinian.
But I have not yet seen the Emperor's order 2).
536 Luther's letter to Elector Frederick of Saxony concerning the revocation of several articles. On or after January 19, 1519.
This letter is found in the Wittenberg edition (1569), vol. IX, p. 1020; in the Jena edition (1564), vol. I, p. 432 b; in the Altenburg edition, vol. I, p. 651; in the Leipzig edition, vol. X VII, p. 568; in the Erlangen edition, vol. 53, p. 61 and in De Wette, vol. I, p.575.That Luther sent this letter at the same time as the previous one has been generally assumed so far, therefore both De Wette and the Erlangen edition have the time determination: "probably from March 19, 1521". Also in the Wittenberg and Jena editions, our writing is placed in the year 1521 with the heading: "Antwort D. Mart. Luther to Duke Frederick, Elector of Saxony's writing (which does not exist, nor has it been possible to obtain it), in which S. C. F. G. requests that he revoke some articles by imperial majesty's order." But our writing does not belong to the Diet of Worms, but to the negotiations with Miltitz, and refers to
The parish of Westhausen, which had been terminated, was awarded to him. The official costs were significant and already on January 29, 1521, Luther had asked Spalatin to work toward a reduction of the same. The money matter in this letter will probably still refer to it.
1) St. Louis edition, vol. VII, 1272. Although it is accompanied by a note to Duke John Frederick dated March 10, 1521, it could not have gone out until the second half of August. Compare note 1. above.
2) This is the sequestration mandate of March 10, which commanded that all of Luther's writings, because condemned by the papal bull, be handed over to the authorities. Printed in Förstemann's "Neues Urkundenbuch", p. 61. It was posted on the church doors in Worms on March 26; publicly proclaimed on March 27.
the objection raised by Miltitz for the Elector, No. 277, and is to be assigned to January 1519. Luther answers here point by point to the same. It would be superfluous to provide evidence for this, since a mere inspection is completely convincing.-We had written down the foregoing when we saw from the Erlanger Briefwechsel, Vol. I, p. 368 f., that we had been anticipated by Brieger in the correct determination of the time.
Jesus.
Most Serene, Highborn Prince, Most Gracious Sir! In order to serve E. C. F. G. humbly, I open my opinion and discretion on the articles and means indicated to me by E. C. F. G. to put down the difficult bargain between me and the Papal Indulgence.
2. first, I am willing to honor the Roman church in all humility, and prefer nothing to it, neither in heaven nor on earth, but only God Himself and His word; therefore I will gladly do a retraction, in which pieces my error is shown. For to revoke all pieces straight away may not be done.
3 Secondly, I would not only suffer, but also wish that I could never preach or teach. For in this I have neither desire nor love, neither good nor honor. For I also know well that God's word is not acceptable on earth. But I am still subject to God's commandments and will.
Thirdly, to have an unsuspicious judge in the matter is all my desire, and for me; for this I also call the most reverend in God etc. Archbishop of Trier or Salzburg, or the noble Lord Philip etc., Bishop of Freisingen and Naumburg. 3)
(5) Fourthly, I have long since been moved by the fact that nine cardinals with all their followers have not been able to prevail in the time of Pope Julii, and that emperors and kings have been humiliated many times; yet I have been strengthened again by the fact that I firmly believe that the Roman Church would not and would not suffer the clumsy and harmful sermons indicated by my disputation on indulgences, nor would it tolerate or handle them, nor would it allow the poor people of Christ to be seduced by the pretense of indulgences.
3) Compare No. 284, Jan. 19, 1519.
1728 Erl. SS, 62 f. Section 3: Complaints against the pope. No. 536 ff. W. LV, 20SS-20S7. 1729
(6) It is also a bad miracle whether in our times one or two are suppressed in these last evil times, since we find that in the time of Arii the heretic, when the holy church was still new and pure, all bishops were driven out of their churches, and the heretics, with followers of the whole empire throughout the world, persecuted the one holy Athanasium. If God decrees such things in the Church at the same blessed time, it is no great wonder to me if I, a poor man, have to succumb. But the truth has remained there and will remain forever.
Fifth, the new decree on the matter of indulgences, 1) now issued in Rome, is almost strange to my eyes. First, that it imposes nothing new. Second, that it tells the old almost darkly and more incomprehensibly 2) than it has been told before in other decretal documents. Third, that it does not revoke the other papal laws on which I have based myself, and thus leaves the matter hanging in contradiction. Fourthly, and most importantly, it does not introduce, as all other laws do, any words of Scripture, teachers, or laws, or causes, but only establishes mere words, in which I am not heard at all, and nothing at all is taught in response to my letters and requests.
(8) And because the church is bound to give cause for her doctrine, as St. Peter [1 Ep. 3:15] teaches; and forbids divers things, that they should not be accepted, except they be tried, as St. Paul [1 Thess. 5:21] saith, I cannot acknowledge such decrees as a righteous and sufficient doctrine of the holy church, and must more obey God's commandments and prohibitions. Yet I do not want to reject them; but neither do I want to worship them.
9 I also fear, G. H., that because in our times the Scriptures and old teachers are coming forth again, and now one begins to ask in all the world, not what, but why this or that was said, whether I have already said such mere
1) No. 234 in this volume, from Nov. 9, 1518. On January 13, 1519, Luther, as he writes to Scheurl, had not yet seen the new Decretale, so this letter is later.
2) In the editions: "incomprehensible"; only the Jena one has our reading.
If I took up my words and recanted, it would not only be untrustworthy, but also considered a mockery and a public dishonor of the Roman church. For what she says and does without reason will not be overtaken by my recantation.
I may tell E. F. G. on my conscience that I, all honor unregarded, would gladly recant, if only I would hear the cause of my error or its truth. Without which, if I ever have to recant, I will do it with words and say that I believe otherwise in my heart. But that will be a bad honor for them. Date in Wittenberg, Anno 1521. 3)
E. C. F. G.
menial servant
D. Martin Luther.
Luther's report to Wenceslaus Link, as the Elector wrote to him, that he, Luther, could well realize that the papists have not yet reached the place where they would like to be.
See Appendix, No. 60, § 2.
B. The Council of Estates on how to proceed with Luther.
538. advice, 4) how and what form to proceed with Luther. About March 2, 1521.
This document is found in the Wittenberg edition (1569), vol. IX, p. 1026; in the Jena edition (1564), vol. I, p. 432; in the Altenburg edition, vol. I, p. 615 and in the Leipzig edition, vol. XVII, p. 567. It is a piece of a deliberation of the estates, which they handed over to the emperor. It is found in its entirety in Förstemann's "Neues Urkundenbuch", p. 57.
1. doctor Luther, on sufficient escort back and forth to his custody, heard by some scholars and those who understand the matter, who are to be ordered to do so, that they, the estates, understand, are to be asked, but that they are not to dispute with him in any way: whether he of the outgoing writings and articles against our holy Christian faith, which we and our forefathers have up to now held
3) It seems that instead of XIX XXI has been set.
4) The Jena edition adds: "as can be seen".
confess and insist on it, or not?
(2) And if he revokes them, he shall be heard on other points and matters, and equity shall be decreed therein.
3. If, however, he were to answer and persist in all or some articles which are contrary to the Christian Church and our holy faith, and which we and our fathers and forefathers have hitherto believed and held: then all princes, princes, and other estates of the holy realm, next to and by the Roman imperial majesty, want to remain and adhere to their fathers' and forefathers' faith and articles of the Christian faith, without further dispute, 1) and to help apply the same faith, and then your imperial majesty shall therefore duly and urgently issue orders, mandates, and commands everywhere in the holy realm.
6. what complaints the imperial estates have lodged against the Roman See of Imperial Majesty.
539 The complaints of the Roman Empire and especially of the German nation, which were brought before the Emperor by princes and estates at the Diet of Worms in 1521.
At the time when these complaints were submitted, this paper was published in quarto under the following title, without any indication of time and place. It can be found in Kapp's "Nachlese", Theil III, p. 240. - Compare No. 722 with this publication.
The Complaints of the Holy. The complaints of the Holy Roman Empire and especially of the whole German nation, from the See of Rome and its attached royal power, at Worms on the day of the Council of the 1521st year, Roman Catholicism. May. by the princes, princes and sovereigns of the kingdom.
The Artickel so that the Bapst Germany beschwürt.
"anzaigen".
Alte PriuiIegia bey Krefften bleyben lassen. Biii Of annals, and their daily growth. Biii Of the new inventions and offices at Rome.
Biii
Of Commenden and Incorporation of the Prelature.
Biiii
Of dispensation of incompatibilia and others.
Cii
When the suspected gays are caught in mischief, how they seek escape. Ciiii
2) In the old edition "Who". But in the text is our reading.
How to give new toes. D ii How the benefices are forfeited to the unskilful, and how much is taken from them. D ii
The new endowed benefices are described in the following.
Diii
Of the costs, so one weights the churchyard. Diiii Of subsidies and other burdens imposed on the monks. Diiii Aiiib How they demand money from monastery priests.
Diiii
How to weyhet too much, and often unlearned priests.
Egg
How they make reformation and statutes of their liking, and yet do not keep them. A
How you have to buy the churchyard for dead people.
Eii
1) In our template: "begenckunsten".
Of the evil play of the gaystliche with their servants.
Eii
The aim of the project is to reduce the number of monasteries in the region.
Eiiii
The first part of the book is devoted to the history of the church and its history.
Eiiii
How to cause the secular ones to demand their subjects from the religious court.
Eiiii
2) As can be seen from the following text, "scholder" or "schulder" is a profit or levy from the game of dice, cards and the like.
3) That is, Leumunds.
As for the rediscoveries made by the evil hands, they must also be removed by the official. Fiiiiii
As many others, so in the spots, where the braced are, in the pann erclert. G i
From vnpilliches Arrestiern der Gaistlichen Richter.
Gii
How the poor can be persuaded to enter into a contract through the right to court costs, 1) and vilerlay. Gii How to use a freeman advocate or procurator in the courts of law. Gii
Bib Articul damit bäpstliche Hayligkait Teutschland beschwerdt.
After the Roman Kays. May etc. and other acts of the princes, rulers, and common sovereigns of the kingdom, whether or not, and what complaints by papal sovereigns and other sovereigns of the German nation are to be made, with the advice of the sovereigns and the good intentions of their kings. May. to be humbly accepted. His Her some in the eyl aufgeschriben, wre w danach volgt. First of all, concerning your papal mayoralty.
1) "solves" - cost; in our template: "solves"; immediately following "mye" - trouble.
How worldly matters are drawn to Rome in the first instance.
Item. Our most holy father, the bishop, has the duty to call and summon several persons to Rome for the purpose of inheritance, pledges, and other such secular matters, so that they do not serve to diminish and violate the secular sovereignty. Therefore request Ewer Käys. May. May, ask the princes, lords and sovereigns of the kingdom to graciously help and obtain that no one, be he royal or secular, be cited to Rome for royal or secular matters in the first instance, but for his bishop or archbishop, or if he is secular, and the matter is secular, for his prince, lordship, or ordinary judge, where the defendant was seated, or otherwise the matter belongs to him.
From the Conservators vnnd Papal Judges.
Item. The ecclesiastical princes and prelates also receive from the papal authorities some biia aept or ecclesiastical prelates, their prelates and fifths, as judges of all their matters, of which they complain before them. Such judges they call Con- seruatores. Before them, they take secular persons, noble and noble, in all secular, forbidden matters, in which they have never been denied justice before the ordinary judges, and who therefore do not want to answer them, they banish, as there were many examples to be told. As a result, all secular persons, sovereigns and matters have been summoned to court, which would be of the highest party to them, so that then Kays. May. and other secular sovereigns in their secular courts is abortive and improper, and also openly contrary to the law of the land, which nevertheless clearly expresses that one should let the other be tried before his ordinary judge and court.
Of Papal Delegates, and Commissaries.
Item. The Papal Holiness also gives to the sovereigns, at their request, judicial delegates and commissaries, sovereign judges in the German lands, the power, whatever they may or may not want, to take up secular matters before the same judges and to banish them for this purpose, all for the purpose of aborting and impairing secular jurisdiction and sovereignty.
From schmölerung of justice Juris patroriatus.
Item. If, by reason of death, benefices which are the patronage of a princely or lay jurisdiction are terminated, the Papal Palace shall reserve the right to derogate from the same, and thereupon shall confer the benefices on the curtisans, or on any other person at his pleasure, so that the princely and secular judges shall be deprived of their right of presentation, and shall be deprived of their right of presentation, who shall say at the time: The prevention has taken place, so that whoever has given it away [rather give it away] shall go before. Whoever has the need to keep, if someone has obtained a mandate or other letters against it, that they should be considered without force and of no effect, as has happened up to now. In addition, if a curtisan makes the same benefices warlike, and thus survives his opponent, the papal authority shall then be entitled to revenge the same benefices with painted letters.
Of the Gaystlichen, so to Rome or on the way die.
Item. The Papal Authority shall decree and ordain, if a prince dies in Rome, or is departed from Rome on the way to death, whether or not he has been a member of his family and a relative of his service, that all his beneficia and officia, whether great or small, fall to be forfeited to the papal authority, whereupon the sovereign and secular patrons and feudal lords are deprived of their justice.
as well as for the sake of the royal dignitaries to Rome.
Item. What good benefices, as deans, cantors, or other dignitaries and officers, canonicals, vicarages, parishes etc. If any of the above are lost, in mense ordinario, outside the city of Rome, the patrons of the church and of the world, who formerly had such benefices to lend and grant, shall lend and grant them to them, whether they have had such benefices or officia, or officiants of the pope or the cardinal, or whether anyone has retained recourse or access to them, that shall not be, and if letters or mandates are obtained against them, they shall also be considered as nothing.
B iii a How in Rome the benefices are often awarded to unskilled persons.
Item. The benefices of the German nation in Rome are given to some gunsmiths, hawkers, priests, donkeys, stalwarts, trabants, and other unskilled and unskilled persons, and at times to those who are not of German extraction. From this it follows that they do not provide their own foundations, and leave it to other needy, poor priests, who make do with little, and take much from them, to see to it that the poor laymen of every place are lacking in the provision of the law, The poor laymen of every place are also deprived of all consolation by their parish priests, and thus a yearly sum of money has been given to the poor people out of German lands, of which nothing will be returned to the German nation in eternity, nor will any thanks be paid. It would be fair for all born Germans to be granted the benefices of the German nation, and for them to reside there.
To have old privileges beleyben bey krefften.
Item. If papal authorities now, or other bishops before them, have granted privileges to anyone, be he royal or secular, to grant or grant some prerogatives, beneficia or officia, how then such privileges are to be held, the same shall not be denied by new findings, which are daily discovered, and an entry shall be made at that time. And if letters or mandates were obtained against it, that they should be considered as nothing.
From the annates.
In the beginning, how the German nation used the annals, which had been lost for many years, to benefit Christianity against the
The Pope has been given the right by the previous bailiffs to enforce, to burden, and to bring them into an exercise of his 1) and presumed rights. It has been proven that the subjects of the German principality must often make great efforts and help to destroy them and to cause no little harm to the German nation.
From daily growth of the annata.
Item. To the extent that such annuities are increased more and more, and not only to the archbishopric and bishopric, but also to abbeys, presbyteries, pastorates, parishes, and other ecclesiastical institutions.
1) This is: an exercise.
If, in recent years, ten ducats were given to the episcopal parishioners to redeem the episcopal pallium, they would demand one hundred ducats, and if they gave the advocates of the consistory pallium some two or four ducats, they would demand one thousand ducats with other additional ducats, so that, as 1) according to the old statutes, the courts of Menz, Cöllen, Saltzburg etc. each is obliged to give ten thousand gülden for his pallium, and not more, he can still bring his pallium from Rome with xx or xxiiij thousand gülden.
From the new fiefdoms and offices in Rome.
Item. The confirmationes and pallia of the archbishops and bishops are also confirmed daily by the appointment of new officials at Rome, for which the ecclesiastical subjects must also give their assistance, which may be many, namely new Cubicularii, Scutiferi, Ribiste, Parcionarii, Paionarii and Caforati. And in particular, there is a new finding, so that a bishop does not have to pay his pallium in cash, but as a guarantor and self-borrower for the sum of money due, with the will of the bishop to pay it in a certain period of time. The same guarantors shall be excommunicated immediately, and they shall be discharged from this obligation at once, for which the bishop shall pay a special fee of iii. iiij. to the amount of D. Ducats. It is also said that this year the bishop's hailiwick has made a new order over the previous one, so that at B iiii a CL. or more mercenaries, called Caualoati 2), have to live on the depreciations of the bishop's benefices, waiting for the bishop's body, which the common bishops of the German nation must help to bear.
Of coming and incorporation of the prelatures.
Likewise, it is announced how many monasteries, convents, and other royal houses will be subject to the cardinals, bishops, and other prelatures, and (as they call it) will be commended, and also incorporated, so that royal, royal, and princely benefices will decline and come into future ruin, and the service will be diminished. or L. persons are contained in a monastery, they order the service with a clear charge, so that they may have more benefit from it.
1) In our prefix: "we wol".
2) In the old edition: Osnateati.
Rules of the Bäpstliche Tanntzeley.
The rules of the Cantzeley of Rome shall be established according to the laws of the Curtis, and shall often be changed, so that the ecclesiastical fiefs, especially of the German nation, may come into their Roman hands, and must be purchased from them, or be endowed with a pension, contrary to written law and equity.
From seruation pectorali, incntali, recourses, incorporation, union and (loncordata.
In such rules at Rome, his authority has not been established, but from day to day he has invented more and more new things, so that the German nation would be exhausted, and also deprived of its natural divine service, namely by reseruationes pectorales, or mentales, generales, or speciales, Regressus, Incorporationes, Vnio- nes, etc., Concordats, of the German nation everywhere, against the spiritual rights and birthright.
The German prebend is to be granted to all Germans who are to reside in Germany.
Therefore, by and with such, almost all the fiefs of our nation, however small they may be, are drawn to Rome, given to and conferred upon poor, incompetent, unskilled fiefs, who are also ignorant of the German language, who do not possess the fief by themselves, and who do not present the fiefs with good lessons, manners, or customs, all of which are contrary to the established concordats, covenants, and the laws of the land.
From the sale of the benefices, also on future occupation.
Item. There is no doubt about it, not only the fiefs, as mentioned above, will be sold and transferred, but also the sum of money to be paid to the sovereign and secular lords of the fiefs at the end of the day, namely two or three thousand florins to each person on the fief, which are to be settled in the future, insured, maintained and reserved, and if they then bring the fiefs to and from them, they shall meet the ways and practices with permutation, reservation, surrogation etc., If they are then returned to the patron or other ordinary lords of the fiefs, and if the fiefs are not completed in the bishop's month, nor are they due to him, he shall sell or give them to some merchants in writing, whether they will be free in the future to accept them, regardless of whether they were due to someone else.
Cia From the bailiwicks, so set on the nobility allayn.
Even though noble statutes have been established in the great bishoprics and many cathedral churches, they have been confirmed by the bishops and have been kept until now for the benefit of the princes, graves, lords and nobles, so that no one then their children would be taken there. However, the Curtisans are now attempting to break such laudable statutes, and to obtain an oath in Rome that they are noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble, or noble.
From the bapst's prevention inn he election and whale of the prelates.
In addition, the bishop is authorized in such churches to prevent the free election of bishops, provosts, deans, etc., and to deal with them as he pleases, and if a bishop refuses to invade another bishop by confirmation, he also takes over the other bishops of the German nation with excessive costs and blackening of the pallia.
Of the dispensations and absolution of the bishop.
Item. The bishop and the bishop's bishops reserve and restore to them some sins and all sins to be absolved, and when the sins occur, the people will not be absolved, and a lot of money will be paid for it. Dispensation was also granted, which would then be paid out in large sums of money, and if a poor person did not have any money to spend, he would not be dispensed from his duties. There are also some churches given indult letters for money or money's worth from the bishop's authority, if they murder someone in the future, swear a false oath, or commit such misdeeds, that any bad priest may absolve them, so that they are given cause for great blasphemies and sins by the will of God and God's grace.
From challenges of courtesans.
The Germans also have a lot of trouble with the Curtisans, who seize and occupy the ecclesiastical benefices in each principality. Thus, for many years, the Curtisans have been citing and punishing the old priests, who have been occupying their benefices with lawful title, in Rome.
If they wish otherwise, they shall be obliged to give the same Curtisans reserua and pensiones annuas on their benefits, by virtue of special statutes or rules which these Curtisans have used, They call them Regulas Cancellariae, which have been renewed in Rome at many times, and which are derogated from the old ones, and thus make the old, honorable priests, who are not aware of such curtisanship, litis pendentiam, and their beneficia wargpar. The lords of the fiefs shall also be affected by this, so that if one of them dies in the case, the other one, who has been in possession of him, shall be substituted for him, and appointed to his right.
How and under the appearance familiarium vil Pfründen angetaft werden.
There are also some important beneficia that are sometimes touched by the officiales, familiares Pape, and in the name of the Babst's court servants, by deplorable, bad and malicious persons, and are subject to them, to rule in commend (as they call it) or prouisbrie, also to have recourse, reseruationes, pensiones, vil com- patibilia thereon, by which the same beneficia come into abfall and schmölerung, Ciia vnd for vnd for remain at the Papal Court. Also, ordinaries outside Rome will not soon be released, so that the service of the Gods will be changed and the will of the priests will be broken.
Of indulgences and indulgences.
It is also considered highly disgraceful that the papal authorities daily send so many indulgences and indulgences into the German nation that the poor people are disturbed and deprived of their money through perseverance, Then if the papal authority sends nuncios and embassies to some countries, it gives them indulgences to be paid, from which they receive penance on their tribute, and hold office, or receive money for their service. Some indulgences are also bought in Rome for money, in the hope of gaining greater profit from them, as the merchants do, for which one must also give a day of it before the bishops and some seculars who announce the matters, all of which will be subsequently rescinded by the poor inferiors with cunning.
Concerning the Stationirer.
After the stationers, who seek their collection through the country, with their pleading, begging, and great indulgence, it is necessary for us to take care of them, and not to allow them to do so again.
Then Sant Anthony's message was all moved, and now come the holy Gaist, St. Huprecht, 8t. Cornelius, and 8t. Valentin etc. 1) sent, by which the common people will be moved with diligence about their parchment.
Of Dispensation of Incompatidilia vnnd others.
Item. At Rome, at the request of the supplicating Germans, 2) prior to this, an inquiry shall be made among those who may have knowledge of the same matters, and the skill of the supplicants shall be investigated. Villerlay dispensationes, so that some bad and niders stand persons, who neither at the Leer, nor the gepurt gewirdiget, many parishes, many dignities, and other iuoompatidilia may possess. All others, and especially those of the knighthood and otherwise licensed persons, who preach to the Christians, and otherwise in the gaystlichait weyt better Fürsehung thünden, to great swearing.
How the German lords have been deprived of their land 3) and hewser in Apulia and Sicily.
How well the German Lords of Our Lady's Order of Prussia etc. out of benevolent care and giving of the Roman Kay. and kings, of high lordly memory, also of the princes, graves, lords, and nobility for the laying out and control of several goods and uses in the kingdoms of Sicily and Apulia, as well as other western lands, which have been done in the past, so that they can be used against the unbelievers. The nobility, too, had more earthly maintenance, from which they had made villages and towns, and had possessed and held them for several hundred years. However, by papal decree, some cardinals and bishops, who are not German, have been given such a title and deprived of it, so that it is still in short supply, contrary to law and equity.
How the Teutonic Order was deprived of some of its hewers in the Wälschen Landen, and how they were made dangerous.
To this end, the Federal Council of the Common German Order of Venice has issued a special
1) In our original "Le." probably inadvertently instead of: "6te." Compare page Diia gegm the end (Col. 1748): "und anderer Botschafft etc.".
2) "on" - without.
3) "Polley" - Ballei, Comthurei.
The Order of the Holy Roman Emperor confirmed and confirmed the statutes of the Order in German. All of the statutes of the Order, which are to be kept in German, have been confirmed and confirmed by the previous bishops and Roman emperors, of high lordly memory. In the same way, the Roman Curtisans of the Teutonic Order have challenged the Hawser in Italy with papal bulls and commissions, as at Bononia etc., and for this reason they have taken the right to enter Rome, which is no small disgrace to the same Order and the German nation, contrary to law and equity.
That the Teutonic Order of St. Benedict, 4) founded on them, is taken from them and given to the Cardinal of Lunnia 5) for a short time.
How to remove a number of prelatures from the bishop's court.
Item. The bishop is in the habit of expropriating some monasteries and of extracting from their bishops, as ordinary judges, jurisdiction and coercion, which is enforced by the empire, the assistance and imposition which the said bishops have hitherto imposed on their abbots, and for which reason the bishops are also obliged to render the Roman empire less service.
How seer not were ain reformation to make.
Because much condemnation of the poor Christian believers' souls arises, and because the German nation is highly and severely depleted in money, due to the daily struggle with the supreme head of the Church, it is considered necessary that a change and a common reformation take place, in order to prevent the destruction of our nation, for which reason we all thank E. Kay with the highest respect. Kay. May, to demand the same, and to graciously help.
Ciiib Beschwärnuß von den Ertzbischoffen, Bischoffen vnd Arelaten, allain von den Conservatorn vnd Bäpstlichen Richter.
Item. The princely princes and prelates also obtain from the papal authorities several offices, or ecclesiastical prelatures of their courts, or others, as judges of all their matters, of which they complain before them. Such judges shall be conserua-
4) Perhaps Sudiaeo near Rome, where there is a rich Bmedictine monastery.
5) In No. 722 it says: "to the Cardinal Columna".
Before them, they will take secular persons, nobles and gentiles, in all secular matters, regardless of the fact that they are not lacking in secular, ordinary courts of law and justice; And those who for this reason do not want to answer themselves, let them be put into a temporary ban, as there were many examples to be told, so that (if it should take place) all secular persons would be held in high court and matters would be brought to the highest part of the court, so that neither Rom. Kay. May. nor other secular sovereigns leydlich. It is also publicly against the order of the court, which clearly states that one should let the other remain in law before his ordinary judge and court.
How a number of Layen, as true persons of the spiritual freedom, have been practicing.
Item. It also happens too often that some secular persons are or will be jurists, and yet they sit in secular courts, do other secular business, and for this purpose have two or more elders and elders' children. Such of them, for the sake of their entrustment, want to bring secular persons and matters to secular courts, and for this reason want to be accepted and not refused by the judges of the courts etc. And if this were to happen, many of the subjects of the secular courts would be tempted to do so, and nothing less than to commit secular offences, since they could (if Ciiiia so wished) escape secular court jurisdiction and punishment, which would then be completely disgraceful and unacceptable to all secular authorities. But the bishops and prelates think no less of it.
When the suspected gays are caught in mischief, how they seek escape.
Item. If a person is accepted and held by the secular judges, he shall say that he has been proven guilty before the bishop, official and religious judges, but soon after he has been accepted by the secular authorities, If he has not worn the divine chastisement and tonsure, nor has he been found in this form, or if he has been proven to be so, and if he has not been let out within xxiiii hours, or if he has been sent to them, they declare the bishops under banishment etc., so that some of the more noble, evil to do vngescheucht moved. His letters, which are called literas formati, and so they in
When the religious authorities arrive, they are often left in the lurch without paying off or restitution for the damage they have done. This is why many outrages, enmities, and uprisings have arisen.
How the secular lygends come into the spiritual hands.
Item. After the royal state has been provided with constitution, statutes, and orders by the Council of Rome, that it is not to buy or to change the church's property, bona immobilia, or lay persons in a regular way, it is useful that the Roman Catholic Church has given the same statutes and orders to the seculars. May. has given the same statute and order to the seculars. Namely, that a secular may apply his lygendary estates to the gaystliche Stand or keren, power. That even in cases of inheritance there may be a provision for this, then if there is to be a provision, it is possible that the secular estate may be bought up by the religious with the tenure, and that the secular may buy through this, and especially through the fief, which they take daily with money from the seculars, and also bring and obtain other claims to the secular goods, so that the secular status of the Holy Roman Empire is brought before the seculars, or the merer tayl.
How some gaystlichen Layen güetter vnbilllich an Sich ziehen.
Item, that at times the secular goods are sold to the churches and cloisters, are transferred and favoured, and are subject to the authorities, and are also charged with interest and taxes, after which they are drawn into the royal highness and protected, all of which the bishops and prelates have the right to do and do not punish.
How the bound tongue devised to pay the Preutigam gelt.
Item. If, after the Sunday of Septuagint, when the Alleluia is recited in the Holy Churches, a poor person wishes to have an open solitude and celebration of the Holy Sacrament of the Eucharist before the usual night of the barrel, which God Himself instituted and established, just as Cardinals, Bishops, priests, priests, priests and others of the royal state, who exemplify their ordination, do in the same time. vite Sanctimonia are to be themselves (on) all scourge vnd punishment in public business vnd tentzen. Also those who hold and do for themselves: So
The poor people, if they want to have the Sacrament of the Holy Eucharist before Shrovetide, have to purchase it with money from the official or other holders of the priesthood, In this case, they want to make use of the royal law, which binds the poor, hurried, arbiter, and is otherwise not valid for the royal or secular.
Dia How to bring the bishops of the gaystliche secular inherited güetter to themselves edit.
Item. It has also happened several times that clerical persons have accepted hereditary benefactors, and if they have died by will, that the ordinary bishops have required me to tolerate their hereditary benefactors, which would also be embarrassing and unacceptable to the secular ones.
Of clumsy officials and judges.
Item. The offices of the priests of the church are often vandalized and mismanaged, and in some cases they are lewd persons, and the way in which they engage in open sins and defilement is found from daily experience, who are to engage in spiritual matters, are almost poisoned, and to this end, their goods are dreadfully damaged and spoiled, which the bishops and prelates shall take care to put an end to with justness and severity.
How Jewish usury is punished by the courts.
Item. How much it is evident and evidently known, 1) that the Jews in the high German lands are interfering with and abstaining from usury, by which they are greatly harming and destroying the poor Christians. In some places where Jews live, it is assumed that the secular authorities do not want to help these Jews with their usurious debts, or if they make usury their main good in the future with evil deeds and beliefs, that the Jews should appeal to the spiritual judge, and therefore bring such Christians under suspicion, and the same judges take the reason that the poor people who confess before them and swear that such debts are not usury, and the judges from their own use openly know that the Jews have committed one usurious act.
1) "wayß" set by us instead of: "wayst".
The poor, out of great need, may swear to their harm, over and over again, that judicial and all other help in this and such usurious hendels is highly condemned in the constitutional and secular laws, but permitted to them by their bishops and prelates.
How they do not hold or handle their royal reformation of the court.
Item. Not only are all the laws that have been established, but also the reformation that has been established in some of the courts is openly and in many cases overused, and in many cases it is laid down in a way that is repugnant to the law, and it is sought to be used against those who are not afraid of it. But against those who are guilty of the offense, they let up. And when those who are wronged or violated petition the ordinary bishops of the same court for an equitable remedy of the accusations, the same often concerns the meritorious provost, dean, chapter, and lord of the throne, against whom the ordinary bishop (whether or not he was otherwise authorized) is not allowed to take any equitable action on account of his obligation, which he had made at the time of his accusation.
How Sy mer geldts, dan gaystlich puß, impose the sinners.
Item. Just as the judges and officials of the courts should, for the sake of obvious sins, draw up all kinds of blackened penalties, so that it may be noted that they are all atoning for the salvation of souls, they nevertheless make them more difficult, that the Laymen buy them off from them with money, by which they then extort money from the people, and thus are parthey and judge to their own pleasure, which is against all law also permitted by their Metropolitan.
How to give some new toes. 2)
Item. If the Layen have not paid a large tithe from some properties for many years, they will be so harassed by the ecclesiastical court (in which they have no profit) that they will have to pay the tithe, or whatever is demanded of them, in consideration of whether they appeal to Rome, as they may not receive any payment.
2) "penetrates" put by us (after the content statement) instead of: "brings".
How the sinecures are denied to the unskilled, and how much money is taken from them.
Item. If the sovereigns in the secular high khaytens have parishes or other benefices to dispense with, they usually fill them with unskillful, unruly priests, or they are left with an absentee, and cut down to the closest possible extent. Also the parish courts and priesthoods are built up, and let them perish, since with all of them the current enjoyment of such priesthoods, and what they owe to God and the world, is left behind. Also so by the bishops and prelates gedult vnd gehandthabt.
From the stationers.
Item. It is also not a clear grievance of the common poor man, that some unlawful stationers, who call themselves the Holy Gayst, St. Anthonius, St. Valentine, and other messengers, yearly move in all towns, villages, and villages, and bring the people, as is openly known, from their money, in which they have their day, and ravish them with finds and desecrations. Also, to the end, the poor, simple people, who do not give you money otherwise, on pain and punishment of the saints, because they call themselves the bishopric, vnchristenlich vnnd ganzz ergerlich beträwen [begrudge], vnnnwegen zu geben bewegen, which the bishops grant, and would not be [refuse].
How the royal ban is used for almost minor things.
And in sum. Although the judicial censures and penalties are imposed for the sake of the Christian order and faith, they are also in the lowest debts, which in many cases do not exceed three or fourteen kreuzers, and other worldly matters, and lastly, if the same main matters are decided and executed, also in respect of the costs and damages incurred thereon, which the procuratores shall then assign to them and retain for their enjoyment and remuneration. Also daily, and on remission, fulminated and pronounced, so that the blood of the poor secular, indecent laymen was sucked and completely drawn out. Also, out of the fear of such unwarranted banns, to be condemned to eternal perdition, and to be deprived of their ordinary courts. It would be necessary to put an end to such contradictory and unlawful abuse and unlawful excommunication, and for them to be admitted in matters for which they are admitted, and not to be taken otherwise, because it is seen that their metropolitans are not such to them, but that they have acted in this way.
From interest claim of the Hewser, so on the Airchhöffen fteen.
Item. Of the hewers standing on the churchyards, the poor, whose they are, must pay every year in many places, instead of the prelates, with interest, 1) at the ban, all those because the same hewers stand there. However, if the hewers are forfeited or canceled, the Send-Dechant shall not pay any less of the same money from the leren.
If they are not punished, they banish the poor and forbid them the Holy Sacrament for as long as it takes for money to be given, which is a great shame.
From the great absences of the parishes and other benefices.
The parishioners are also burdened with deadly chanting, spiritual counseling, baptism, and religious fees, as well as with the rendition of the sacraments and other matters, for which a great deal of money is required, by the parish priests and their vicars, vice-parish priests, chaplains, and parish companions, And the parishes, which are incorporated into the monasteries, also by other ecclesiastics and prelates, so highly located, pensioned, left, and translated with absenteeism, to which they are entitled, the dotem beneficii, the widem hoff 2) and tithe of the parishes, reserved to themselves. However, according to the statute of rights, they are obliged to reside themselves, so that many vicars and parish priests may not have their own custody, and may be subject to all the taxes, such as the sacrifice, the payment of wages, the sepulture, the occupation of the dead, the soul device, and the like. If they require sacraments from time to time, beyond their poor means, superfluous, and at times have to be content with the ban, which the bishops and prelates penalized.
Of the commendations or monasteries, and other benefices.
How many monasteries, convents, and other ecclesiastical benefices or houses may be granted to cardinals, bishops, and other prelates, and how they may be incorporated, but as a result the imperial and princely sees may fall and come to ruin, and the service of the gods may be lost.
1) "vergölten" - to tax.
2) Cf. Col. 1755.
If there are xl or l perD iii b sons in a monastery beforehand, they shall order the service of the gods with a clear list, so that they may derive more benefit from it etc.
Of the Interdict of the Service of God and its Interpretation.
Item. If a religious person or priest is slain or otherwise injured, and is not heard, whether it is a necessary, or in other cases legally permitted, the state, district, or village shall be interdicted, and so long interdict, and no church service shall be held in the churches, until the deputy or councilor, mayor of the same district, accepts to do or dispose of the matter. And as much as their own ecclesiastical law may forbid that the debt of money or matters of money shall not be interdicted, it shall not be held, but shall be said to be due to disobedience, which shall be so much greater than it is due to minor matters. This interpretation, however contrary to the law, has hitherto been handled by the above-mentioned prelates.
The new endowed benefices are described in the following.
Item. Some bishops want to have the first grant when a new fief is endowed or erected, say that it suits them, and do not want to allow or confirm the endowment, unless it is granted by the founders and patrons, thus preventing much endowment and divine service.
Of vnnottdurfftigen Confirmation der Pfründen vnd anders.
Item. They take over the people excessively, if something new, be it a fiefdom, brotherhood or anything else of the kind, is imposed. They do not want to confirm it, and although it does not require their confirmation, they have their statutes and other practices that it must all be confirmed, no matter how small it may be.
How they of Opffern of the new Wallfarten also tayl begeren etc.
Item. In some boroughs, where there is an influx or a Hayligen walfart, the bishops or prelates want to have the third or at least the fourth penny, all of which is due to the fact that they are not justified by their royal law.
1) Here we have put "ee", which is "rather", instead of "es" in the old edition.
From expenses, so one weyhet the airchen.
Item. When they raise the churches and the poor, they burden the poor people with other costs, and they also want to have great hardship, especially the suffragan and the bishop.
Of Subsidies and Other Oaths Imposed on the Guerrals.
Item. The priests, if they invest their fiefs, and want to have something of it, as much as the fief has a year's income, are called Fructus primi anni, siue Primarii,
So that half of the benefit is demanded to the bishop, and the other half to the archbishop, or archpriest, in order to give the possession. Those who exceed their fiefs with subsidies and other taxes, if there are open and honest reasons, scilicet rationabiles et manifestes. In that case, the right to take subsidies shall be granted, and the priests shall not be allowed their necessary abstention, from which the priests, in turn, shall be forced to swear to the laymen in various ways and to give no sacrament for free, as it is then publicly stated on the day, simile. It is condemned that in the countryside and in the towns the mighty ones (who were supposed to do so) do not give the grain to the bakers enough, and then look through their fingers, and let the bakers bake and give according to their liking, so that the poor community and a whole country (God's mercy) is highly burdened, deprived, and spoiled.
How sy Gelt require from the monastery priests.
Item. If some of the young ladies of the monastery are governed by the priesthood, but are to be dismissed at will, and are not eternal, they will not let the bishop have them, and the monastery will give them several guilders.
How to collect too many pettel-örden terms 2) and etching.
Item. Thus the poor people of Munich are besieged with excessive beggars, and especially with the terminators whom the beggar orders have against their rules in the towns and villages, since there are often two, three, or four of them in a town or village, so that poor people who are honest, upright, and faithful to the law may be housed.
2) terminiren - to go out begging.
If the bishops have kept the children in good health, if they have weedy and poor children who cannot support themselves through weakness, if they have deprived them of their natural resources and help, and have given them elsewhere, the bishops will grant them this for a small annual sum of money.
How ettliche reyche Closter dem Adel NachtFütter zu geben waygern.
However, the monasteries, as the Benedictine Order, have been endowed by secular princes, graves, lords, and the nobility more than by royal ones, and have been daily endowed with benefits, not only to wait for the service of God in the churches, but also to pay the nobility, who have come to them from time to time, for their proper costs, food, and time. As then the gleychen Hospitalitet gistliche right to give from them the Christian believers, also impose. However, the church rulers often give them the supposed freedom not to give anyone food for the night, and they take some money for it, contrary to the old, praiseworthy custom and fairness.
how one too much and often vngelert, vngeschickt priest weyhet.
The archbishops also have too many poor persons, even those who have no certain understanding of their fiefdoms or all of their titles, who then sometimes, out of poverty, commit crimes against the church and the common people, thus despising the holy state and giving them a bad example. So through the bishop, [who] believes the six witnesses, who give information about the one who is to be confessed, say how he is worthy and righteous, whether their kayakers have seen or recognized the same here before ye, and thus do all this with one sign of the Christian statutes enough.
How they make reformation and statutes to their liking, and yet do not keep them.
Some bishops and prelates also make special presumptive reformation, statutes and laws for the sake of the ecclesiastical courts, which in some respects are contrary to common rights, and especially to all secular jurisdiction and authorities, and are almost harmful to their subjects, and if it is considered that the same reformation and law are to be applied to the secular priesthood, even against the secular priesthood, and that the secular priesthood is not legally obliged to accept them, then they shall, after
The courts themselves do not hold this in the right and proper sense. If the same Reformation is to be used to declare that before such officials and courts of law only spiritual matters, including open, wicked sins 1) and not haymical ones, are to be judged and dealt with, and in all of this not the money and the questus, but only our Lord Jesus Christ and the salvation of the blessed are to be sought. From open daily affairs, however, there is a complete contradiction in many things, as has been described in the above-mentioned articles by the spiritual judges with the abbreviation.
From the synodo to hold the gepürlichen.
Item. If the bishops themselves personally attended and held their synod and council with the assembly of their prelates and other ecclesiastical representatives, as they are required to do by ecclesiastical law, doubtful deficiencies would be much disputed.
The first part of the book is a book about the history of the church.
How the Capitels connect their bishops and prelates.
Item. The judges and the court the merit have the Thum lords, who are the head lords of the same court, such Capittel lords, and also the choir lords in the collegiate courts, to appoint as bishop's or his prelates, He has then committed himself to the utmost with oaths, and so obligated himself against them that he may not turn to them or to their appointed judges and officers their shameful intercession and action, nor may he punish them himself for their conviction.
When the suspected clergy are caught in mischief, how they seek escape.
E ii a Item. Wa ainer of the secular judges etc., ut supra [Col. 1744^.
How to persuade the poor people with money for the sacrament.
It is also the vnderthanen with dead Besingknussen, ut supru sud titulo: Von grossen Absentz der Pfarren [Col. 1749^.
1) "geyebte" - practiced, that is, perpetrated.
How the common people are harassed with gifts and spiritual devices.
Item. That the parish priests and pastors shall charge their parishioners with the blessing of the holy sacraments, and shall make a special charge of their fall, to which the poor, who have celebrated the first, seventh, thirtieth, 2) and year of their sins, shall not be able to add the remembrance of their sins in the church, And they shall be obliged to perform the feast, and to give fourteen kreutzer of a sung mass, so that they themselves, on account of their benefices and endowments, are obliged to keep the feast, and thus to earn, and also take, two or three lions with one mass.
As the parish priests claim Gelt for jrer pfarrverwanten Abzug.
Item. From this it appears that all sacraments are sold for money, and some must be missed for money.
Eüb / How one must buy the churchyard of some dead people.
If a man, and especially a layman, is found perishing, drowned, slain, or otherwise dead during the sacrament, even if it is not obvious that he died in mortal sin, the church law shall only withhold ecclesiastical burial in the case of a manifest, known sin of death. They do not want to bury the poor people who have died in such a way in the churchyard, if their wives, children or friends have made up with them beforehand.
How many absences spoil the foundations.
The other Beneficia vnd AItaria are so highly burdened with the absence that
1) "Seel Wärter" - pastor.
2) That is, the first and seventh day, and thirty masses for the Todtm. Compare St. Louis edition, vol. XXII, 773.
3) "Laß-" put by us instead of: "büß" according to the corresponding passage in No. 722, § 74.
4) In the old edition: "verragen", a misprint.
5) and other property may come to harm and waste, and not be kept in good order and condition.
How some clergymen keep themselves completely lazy, and also start quarrels and quarrels in tabernacles.
Item. That priests and other priests of the merchant class sit in tabernacles and innkeepers among the common people. Also, when they are in the tent, and when they are in the gaff, they use long knives and lay blades, they start a lot of violent quarrels and quarrels, which can lead to fights, and they use such methods that the poor people are wounded or blinded. 6) After that, the poor are banished, and brought to heavy cost and damage. Also, the poor so urge to get along with them of their case, and to buy out of the ban again.
From the wicked beyspill of the clergy with their servants.
The priests of the city of Vienna have been given the task of keeping a house with unlawful wives and children, and of living a vile, repugnant life, which serves as a bad example for their parishioners, and they also become careless about it.
How to manage the airchamber at the beginning of the year.
Item. If two people hit or fight each other with fists or other weapons in a churchyard, so that one of them becomes a little indignant, some priests want to interdict them and no longer perform the usual service, until the church consecrates the churchyard again at great cost and expense.
How some clergymen keep unreasonable business, and take blame.
At times, the clergy also keep an open economy, and the like, in the churches of the place. But if they are lords, they or their servants, who are also priests, lay out annual dice, ball and carthorse money, take also the profit and scholars from it, say it belongs to them from the upper chapter. As much as the religious and secular law, also all the supreme authority forbid such things.
5) Cf. Col. 1749.
6) The text is not in order. Cf. No. 722,? 76.
Of order persons, as Münch and dergleychen begging authorities.
How the royal monasteries, as Benedictines, St. Bernards, Premonstratensians, and other authorities, daily bought and took possession of the lands of the Layen, and grew to considerable wealth, is evident, from which they then no longer and more highly ray or want to ray to other secular sovereigns the customary land service, burden, stewardship, or other burdens, or want to do, then as it happened in the old times, when they were poorer, also the service of God with them with the reading of the mass, and other, now much more slack, then it was, therefore the necessity was, that they or other clergymen would not be allowed to take over other worldly lyric goods in the purchase way, or through others on purchase for themselves.
And how well rich monasteries have been granted the merest tail by secular princes, and the nobility, more than by the clergy, ut supra sub titulo [Col. 1752]: As some royal monasteries etc. with the appendix, so vndersteen themselves to get back some of the freedom granted by their princes, and write them publicly to their monastery door. As no one is to seek 1) night's lodging from them, they are pleased to do so, and thus they are asking for the confiscated property.
Item. Eß werden auch arme Leüt von den anderen Bettel-München etc., sub titulo: Wie sy zu vil bettel-örden [Col. 1751].
A)s they persuade the Arabs to deprive their rightful heirs of the property.
The same terminators, as well as other priests who are with the sick, with whom they know money or good, persuade them with learned words that they will pay them much, since it would often be much cheaper for their poor heirs, children or other friends.
How the beggar-thieves bring much money to Rome. Also, the Junckfrawen summon the monasteries.
Because also from some mendicant authorities many things, and at times, in justification to Rome, so that the ordinaries, parish priests and laymen may hear 2) complained, and such justification on money may not be withheld.
1) "jnen" put by us instead of: "jren".
2) "hears"-hard.
Three of their generals, as it is said, have not been carded for any money. It is to be feared, and in some places 3) it has been proven that through the same begging authorities many monasteries of young women, in which there are not so few princes, counts, nobles, and citizens' children, are taking away the place where they alone have all the upper hand, with money, and are finding other ways to corrupt. Also to forbid them with a heard sentence with eternal punishment, to reveal such things to them, came others then to you.
To put an end to such complaints, and to come to an end for them, it is to be considered whether it was good, where the monasteries of Bettel-örden were situated in the one upper and lower courts, which were not provided with keepers and administrators by the same superior authority, but were all in the same superior jurisdiction, that these monasteries, and each of them in particular, were given two keepers, honorable and dapffers, by the same superior authority, who, in all their common accounts, were of their incomes and expenses, and also saw to it that the same monks did not unreasonably burden them, nor did they pay unnecessary tribute to the same monasteries, then, for such reasons, they did so without doubt, that the convents of the same monasteries would be daily observed in their customs, that they would certainly increase in number of persons, and that much more, so that their money would not come to Rome or to other inconvenient places, would be maintained.
[Ain advice and good look.] 4)
Thus, from among the ecclesiastical and secular princes and rulers, the lower committee has brought together all the superior articles, which are to be entered into by more than one secular state, and have variously put them into one order, and consider it necessary, therefore, if the necessity should be handled and decided, that this should be done by ecclesiastical and secular princes and rulers personally at the same time.
Since the secular sovereigns, who had been appointed to such a committee, considered it a great necessity, if the spiritual and secular sovereigns would not forget each other before the end of their time, that then the secular princes and sovereigns will all talk to each other about it and decide, that they will all be shunned from each other, so that there will be more justice and security.
3) Oertern" put by us instead of: "Oerten".
4) In our template, this heading is missing, which should be here according to the table of contents.
Of priests, officials, and other ecclesiastical judges and court personnel.
How the Layen vnbillich an Gaistlich Gericht ziehen werden.
Item. If the plaintiff is a cleric and the defendant is a cleric, the clerics may bring such cleric defendants before the cleric's court for any matter whatsoever, which is publicly against the law. Quia Actor tenetur sequi forum rei.
how the secular subjects are to be summoned to court for their debts to the church.
Item. The clergy also often take on the secular subjects for debts with clerical rights, and they are not allowed to get help from the secular authorities, and so they bring the poor people to a great extent into disgraceful banishment, as well as ruinous costs and damage.
how to cause the secular to demand their subordinates from the gospel court.
Item. In addition, there are several other cases, summonses and hearings in the church court against secular persons, irrespective of the fact that such church judges know beforehand openly and explicitly that they do not belong to them, and must subsequently reject them etc. That then the secular defendants are also highly embarrassed if such matters are later, at the request of the defendant's secular superior, judged for secular court, is nevertheless of considerable harm to the same defendants, if they must therefore petition their secular superior, whom they may not then receive in sewing, If they have to request their secular superior, whom they cannot get into the sewer for this reason, to bring the writ and demand from them, and to send the summons to the ecclesiastical judge, whereupon they will be given a lot of time, assembly, costs, and punishment, and if such a plaintiff cannot find his secular superior soon, and brings the above-mentioned demand, and sends it to the ecclesiastical judge, he will send the summons 1) to the ecclesiastical court. For this reason, the judges of the church will not refuse me the secular matter, regardless of the reason.
1) "mahnung" put by us instead of "maynung" in the old edition, according to the corresponding passage in No. 722.
From the Unfair Costs of Secular Matters, So an das gaistlich gericht gezogen werden.
Item. If a secular defendant is taken into custody by a court of law, and is therefore also retried and prosecuted at a later date, the plaintiff shall be liable for the costs of the proceedings. The criminal plaintiff's attorney, who has been duly summoned, demands that the defendant, who has been duly summoned, be summoned to appear before the court, and that he be given a trial and a hearing, until he has obtained a fair hearing in the court of justice, pay the costs of the proceedings that have been brought against him, or 2) wait for a probable ban and other charges to be added to the affliction, regardless of the fact that he who has been so officially summoned is required to pay his damages. But such contradiction of justice is practiced by the religious judges, therefore more and more unfair plaintiffs adhere to their courts, and thus take advantage of the people.
F i b How the poor people of the clergy are also dragged to clerical court.
Item. The clerics do not draw the layers in obberüerten and similar cases for the clerical judges on their own behalf, but rather their bailiffs, reeves, school teachers, servants, subordinates and servants are obliged to use such things as their sovereigns do.
How to take disgraceful things in the spiritual court.
Item. If it happens that religious persons have to sue Laymen for iniquities and words of disgrace, the religious judges have the right to be judges of the same matter, so that the answering party will also be tried by his ordinary judge.
How to bring secular matters from God's house to a spiritual court.
Item. The Officials accept that, in secular matters and between secular persons, in the case of loyalty and loyalty to the law, a physical or written obligation, proposition or promise is made, that, for this reason and for the sake of appearances, such secular matters are to be performed before them, and that, in the case of a legal dispute, they are to be settled.
2) In the old edition: "ober", probably a misprint.
If this were to be the case, all secular representations and letters, which are usually made with the legal stipulation, obligation and commitment, would have to be discussed in the secular courts, and the secular courts would have to be held in vain, set in place, and also made in totum elusoria, which is nevertheless unacceptable to all secular supreme courts, and also contrary to law and equity. If, however, something should be permitted to the religious courts for the sake of the mainayde sworn to by the nobility, they may not become judges by virtue of the mainayde sworn to by the nobility, but the mainaydige persons allain vmb die Sünde Fiia des offenlichen Mainayds fürnehmen, vnd mit gaistlicher puß püssen, doch den weltlichen Richter, die den Mainayd mit peinlicher Strafe zu püßen haben, söllicher Straffnahme wegen ihrer Strafe vnabbrüchlich.
How a number of layers, as persons of faith, have exercised their religious freedom.
Item. Eß geschicht auch zu vilmalen, dass etliche geweychte Personen etc., ut supra [Col. 1744^.
How they do not handle or hold their reformation of the court.
Item. Es werden auch nit allain gemayne, beständige Recht etc., ut 8upru [Col. 1747^.
How to pay more money then to impose spiritual penance on sinners.
Item. How well the Judges etc., ut supra [Col. 1747^.
How often women are summoned for reasons of merit.
Item. If a man or woman is convicted of sin and vice before an official or religious court, she must, if she does not want to be judged guilty, purgate herself with her own blood and confess, if she has then proven herself guilty, 1) If she is found guilty, and if she is willing to give up her guilt, she must give two guilders for it, and one place of one guilders to the official or the court judge for one day's letter (which she is obliged to take). Therefore, the official and ecclesiastical judges shall also seek such an appropriate remedy for themselves.
1) "Dennmals" set by us after No. 722, instead of: "mermals" in the old edition. - Likewise: "the same" immediately following instead of: "the same".
If a woman is accused of a crime or sorcery by another out of anger or anger, and if she complains for the official, she must also apologize for it with her own name. Now everyone can appreciate that in this case a woman, whether she is guilty or not, must swear that if she wants to keep her worldly and temporal life otherwise, this will not result in the evil enjoyment of the money, but rather in a great deal of missing time. Et sic contra rationem impunita remanere delicta necessarium est.
How the spiritual judges seek a vnbillich interest, from vermaynten Ee things.
Item. If the man and the waif deal with each other for the sake of the marriage, they shall have one marriage between them. If one of them gives the other clothes, jewels or other things to keep, and if they are then divorced from the official because of the marriage, he shall have for his own interest what one of them has to give to the other, which is contrary to all rights and all authority.
As sy things that may also be taken before secular courts, allain drawing for itself.
Item. Although there may be many things that can be taken, judged and punished by the law of the religious or secular courts, many things happen when the secular judges, as they have the power to do so, challenge their secular judicial authority, that the secular judges will denounce such things to them in the ban, and so, if it should happen, the secular judges may take whatever they want from the secular courts and the supreme courts, whether or not E. Kay. Kay. Maj. and his secular members is to be judged by all means.
And as, according to 2), because of the law, open mainayd, breach, sorcery, and the like, gospel and secular sovereigns, whose ee [first] comes, ye at times belonged civilly to punish, vnd thus prevention has taken place, so vndersteen the
2) "after" put by us instead of: "yet".
The court has the right to impose such punishment against the law, which is then also highly disgraceful and not painful for the secular head of the court.
As the ecclesiastical judges do not want to know some special matters.
If a lawsuit is filed in a church court against a young woman, or for the sake of her children, or for the sake of a child, 1) or for the sake of a widow, whatever the case may be, they do not want to refer or reject such a lawsuit.
How secular matters can be brought before a religious court due to the lack of secular assistance.
If secular persons in secular matters apply to the secular judges for a summons and say that the secular authorities do not want to help them, he shall give notice of the proceedings, and before he does so he shall state in summary form how the law is to be administered or enforced, and if, on the grounds of the secular authorities or the defendant, the matter is referred and decided, the secular judge shall be given almost a short time, If in the same time the end of the case and its execution does not take place, the secular judge shall continue to bring the plaintiff to justice before him, which is almost inevitable, if a case is to be brought by the secular judge in three weeks, which often does not end before the secular judge in three or three years.
The judges also say how they may take legal action in such secular matters for themselves, if there is a lack of legal assistance from the secular authorities, and yet they do not want to tolerate a guest or a secular person suing them in secular matters, and if there is a lack of legal assistance from the secular judge, that he may apply to the secular supremacy for justice in the same way as the secular justice without difference in the law, as the secular should come to the aid of the secular, and against all odds.
How they intend to bring about coercion by means of a presumptive action by a secular court.
And it is not considered sufficient by many reasonable people to say how the ecclesiastical judges may justify themselves by drawing on the longstanding practice of quasi possession and the time-honored proscription in several places between the layers, when thereby Kay. Maj. and the Roman Rey. his
1) People's wages (?).
the highest is disqualified, deprived of, and averted from the jurisdiction and compulsion of the courts.
However, it is evidently right that against the high authority of the Pope and the Roman Emperor, no one may prescribe or claim a limitation of time, considering that he has used a great deal of time and military splendor.
How to punish women who bear deadly fruit.
Item. Since it sometimes happens that pregnant women and women in childbirth often give birth to dead fruit because of an accident or other malignant causes, and how well the mothers, who have suffered such a fate, If a great heartache happens to their children (as it is to be believed), and if they do not want to give any reason for such an accident, they will still be severely punished by the officials at this time.
Fiiiia As for some sins, the perpetrators who have plagued must also abort the officials.
It often happens, and at many ends, during Holy Lent and especially during the weeks of the martyrdom, that many people, both male and female, after having made confession of death and other cases reserved for the bishops, have to make an apparent penance, as is then customary, and how well these people make their penance public, so that they are not disgraced in the eyes of the world, they must nevertheless at times, after such an open penance, also give the officials a lot of money to pay off, and thus suffer two penalties for one death, and thus many men are highly punished, so that they must give the official more for punishment than for paying off the death of the borrowed friend.
How they tolerate usury and usurers for money's sake.
Item. If two sit in the vnee, the officials take the money, and let the ridden 2) thus remain in sin and disgrace, for the sake of a yearly interest. They do the same with usurers. 3) Because of this, they not only suffer damage to their temporal goods, but also harm God and their souls, and many other Christians are also harmed by this.
2) "die gerürt" == the said.
3) Something seems to be missing here. How it would like to be completed can be seen from No. 722, § 63.
Item. The officials allow a few further declarations, that people who do not know that their marriage is still alive or dead, may have a meeting with other persons, that they take Tollerantiam, or Tolleramus letters, in contempt of the Holy Sacrament of the Ee and Ergernus frummer Christen.
how to impose two punishments on death-beaters or other sinners.
F iiii b Item. If some cathedral churches have a statute or a breach of it, they may not allow any death-witcher, so much as may be guilty of a death-witchery, to come to the sacraments or to be liable to them. It is then a matter that they, and one each in particular, get along with them, and on the Green Thorn Day have openly repented, considering whether the poor people have visited the holy place where Papal Indulgence is, since one may absolve them of such sins and episcopal cases, also be absolved, apparently have done penance there, and have the proper appearance. All this is done for the sake of their avarice and money, and thus the poor man is punished for one thing by the ecclesiastics twice, and at other times by the secular judges, against the common law and all written law.
How the spiritual judges inquire unformally and investigate the sins.
Item. They also do not hold their right in the proceedings, which are carried out ex officio, by the Inquisition, although these Inquisition proceedings are admitted in several great and important cases, and beforehand a common court of law, legem and fama against the Inquisitum is to be broken and proven according to the law. So that it may be obtained from honest, honorable and entirely suspicious people, not from frivolous or renegade ones, amen beginning and origin, and the accused shall be given a transcript of the alleged offense and objects together with a consideration that his protection would be brought against it. But all this will not be done, even if it is ordered, but the people who are ordered to do so will go into the towns, villages and villages and search for people who might be punishable. In this way, an honest person, man or woman, who is not credibly rumored to be there, is put to death by a lictor, and then publicly cited by the church court, and then proclaimed in the sermon hall, which sometimes causes great annoyance, reluctance and eternity between the people.
If they then come and appear, the officials want them to fill themselves with the means of their own aids of the alleged offences, sometimes with a number of compurgatorum, and according to the following, which should not be, unless the rumor and evil deed is first proven, According to the ecclesiastical law, if the person does not want to swear for a serious sin or other reasons, as it is found, he must agree with them, give money, and become wrong.
How the judges of the courts cause the laymen to take unfair actions.
Item. That in citationibus & monitoriis, or summonses and summonses, which are issued in the courts of law, the matter of the action is not measured, so that the cause of action can be understood sufficiently, whether such action belongs to the church court or not. From this follows: If the defendant therefore applies to his secular court, he must first request the court judge and find out what the complaint is, and if he is informed of this and finds out that the complaint belongs to the secular court, then he must first of all apply to the court judge for a remedy, which remedy is then immediately denied. If it is not so near to the time of the defendant that he, the defendant, may apply for a writ of summons. The judges of the courts shall set a short deadline by order of the court, so that they may precipitate and overrule the poor, and at times so quickly that the defendants may not be able to obtain the necessary relief between their estates, or thus obtain necessary counsel and assistance, And thus many poor innocent people come into a presumed ban, even large and noticeable, incurring considerable costs and damage, so that it is to be saved, which is then the secular sovereign's right, and its court authority has the right to noticeable abortions and disgraces.
as many others, so in the places, where the banished are, declared in the ban.
Item. In some places, other followers, ten, twelve, or more, who are not related to the matter at all, are summoned by banishment with the self-sacrificer 1) so that the officiants of his will may be followed by them, and the poor people may be relieved of their duties.
1) "selbssqcher", the one whom the matter actually concerns.
The banned persons have to make terms with them, or go on the way with their poor children, and become landlords, and no measure or difference is kept in this, as is the fortune of the poor people. Also, if you have participated in or had joint ventures with the banned self-interested persons unjustly or wantonly, they are not always obliged to chase them out of their villages for this reason, although they are forbidden to do so by their own spiritual law, that for pecuniary debt or pecuniary property, no interdict shall be made, yet it shall not be held, saying, that the disobedience, which shall be so much greater than it is due to lesser things, shall be covered with a reason.
How the Sendt lords demand unreasonable interest from the hewsers.
Item. The sender-dechant also demands money from the inhabitants of towns and villages every year, and if this is not given to him, the poor people are banished and thus forced to give it, and it is necessary to ensure that the sender is kept in order to be punished and punished according to the law.
wercks people.
Item. They take such things in some places from millers, innkeepers, bakers, shoemakers, blacksmiths, blacksmiths, shepherds, 1) cowsherds, or other craftsmen for weeks of money; if they do not pay such things, they are banned from giving them.
Of the Arresting and Oppressing of the Judges of the Judiciary.
Item. In many places there is an abuse in daily practice], that, on one layman's request in secular matters, the judicial magistrate against the other layman's inhibition and violation letter is issued before the secular magistrate, not before him, but before the judicial magistrate, 2) If the opposing party then seeks to defend his lay judge, many writs will be filed against each other for this purpose, and when, after a lengthy legal process, the lay judge settles the matter before him by jury, the laymen must believe the writs, even if they do not have the right to do so.
1) "Schöflern", that is "shepherding", as results from comparison with No. 722, 8 65.
2) Also in No. 722, 866 hiev is the form "vollfahren".
In view of the great expenses and work that would be incurred in the appeal to Rome, as well as part of the same judges, they are daily relieved of many secular matters by Kay. May. The Supreme Court and its judicial power, contrary to law and equity.
How the poor can be persuaded to enter into a contract by force of law.
Item. The religious judge or official has against the poor single Layen to the right Advocaten, Procurator vnd Schreyber umbsonst. But the layman must transfer the right out of his bag. Consequently, the innocent may flee from the court with their hands and armies and enter into a legal contract, by which means they may also be brought to ruinous harm, provided that they are entirely innocent of any wrongdoing.
Giib How to use a Roman lawyer or procurator in many religious courts.
Item. The ecclesiastical judges wish that all parties who are to be heard in their courts do not use any other advocates or attorneys, except in the city in which such courts are held; they also often set too short a deadline, so that advocates from outside the army may not be brought in. And they apply the apparent causes, as if it happened to the right, for which these advocates or procuratores should be obligated, and yet it often happens for a repugnant reason, as one then finds publicly in the daily record, and so that these judges know how such advocates, who sit with them, must have great fear and awe of them, the judges, and their authorities, that they may not advise the parties to lawful defense and exception against the judges and other parties, who complain there, according to their need and have such action, also therefore the ecclesiastical prelates and others, who reside there, when they or theirs have to do with ecclesiastical law, any advocate or attorney fears to advise or speak to a foreigner against their need, if they have much night on their hands. And if someone does not want to confess to such misdemeanor or right of the advocate or procurator, it is the daily open finding, if very seldom an advocate or another so completely
3) "the on" put by us instead of: "on it".
It is found to be perfect and steadfast, that in all diligence in the application of the law neither right, hope, love nor sorrow is denied him, and great good fortune, if an attorney or procurator has such a case, that he does not save possible and his best efforts, how much more then, if he has to deal with the said right, and so that the parties may, in the course of time, be able to have the same attorney, or procurator, as the case may be, of the court of their choice, advocates, or counsel, and that the same advocates, according to the proper order of the court, would therefore do a special duty, as well as the other advocates or procurators who sit in the city where the court is held, and by doing so, one might be able to save oneself from a lot of trouble.
How the sacraments are held out to the poor for almost no reason.
Item. If someone owes a debt to the priest or the church at this time, and is unable to pay it due to poverty, and therefore asks for a reasonable amount of money, the sacraments will be held before him, and he will be asked how he should be taken before his secular judge according to the circumstances of the case, and how he should be fairly discussed there.
How the Sendt are used unformally.
Item. That the sender, who according to the statutes of the law is to be mounted once every several years, is now to be mounted and yoked every year in many places, so that the poor people can be protected and cared for. The sentence is also not kept as it is set up in church law, but the fines and penalties are all based on the cash money and the money paid.
Giiib Ettliche Beschwärung teutscher Nation von dem Stul zu Rom.
It is evident that the providence and disposition of the German nation's ecclesiastical 1) gifts and benefits, in accordance with the law of the land, are due to a bishop and ordinaries in his bishopric, and to the other bishops out of a different right. In the same way, the laymen in the cases, left to them in right, may also have jus patronatus, according to the following and in the other order, such provision and disposition, either out of neglect and negligence of the ordinaries, or out of order and by the deuolution,
1) "spiritual" put by us instead of: "spiritual".
2) those belonging to the archbishops and the bishopric, so that in accordance with the law the ordinaries shall grant the same benefits, and those who have the patronage shall present those who have agreed to do so. But bayden taylen, as mentioned, from gepürend right to prevent, of the Roman Curtisanen, Amptleutten vnd den Bäpsten daselbs vil jar Heer groß vil vnbillichs zugetragen ist.
First of all, in ancient times, the bishops, for the sake of their skill and merit, have sought out the ordinaries in the German nation to give them gifts of God for the sake of their skill and merit, From this the custom and the practice has been established that many persons have been provided with gifts and offerings from ordinaries on account of such requests, and from this it has followed that a great deal of autumnal baggage and offerings have been given to each ordinarius, to provide each ordinarius with one person in such a way that the ordinarius assumed that the subsequent bishops would not be satisfied with such a person, as mentioned, but for and on account of other persons, The law at Rome was also affected by this, and the matters were such that the reseruations arose in a strange and manifold way, and at last the ordinaries' power and authority were completely destroyed and extinguished.
The first reservation had its origin in the city, when a person with a foundation died in Rome, his abandoned foundations fell to the bishop, according to the aforementioned petition, the following bequest and petition, with the same reservation, The ordinaries have been deprived of their rights, so that the bishops have called themselves lords of the benefices and benefices, as if they had perfect power and authority to act and dispose of them, among whom Bonifacius the viii. The law has been established, by which a great delay and damage is inflicted on the German nation, although this is against divine right, as well as the wills and desires that have established the benefices in German lands, as that the twelfth chapter of Prebendis in the fourth book of the Decretals, one of the most important of all. The second chapter of Prebendis, in the fourth book of the decree, contains a loud tyranny, which then has justified the reservation mentioned above.
Subsequently, another reservation has arisen, from the dignity vnd the same werds wegen, als
2) That is, of the Council.
The higher authority and dignity after the bishops in the thumbs, and the highest in collegiate churches, also in the conventual churches, surpassing the bishops in the thumbs, and the bishops in the conventual churches. The bishops have also reserved to them all ducats, and thus cut off the rights of amicability and discretion, so that the chapter and the convent have been deprived of their free time, so that they may no longer be able to exercise discretion.
The third reseration is when the prince reserters his prebend on account of a person, that is, on account of his office, his and the cardinal's servants, priests, and others, on which the rule of the Canntzeley is based, and for this reason the ordinaries' authority and power are drawn in, restricted, and almost completely suppressed. For this and other reasons, he has and will be taken to Rome for a court of law.
After such superfluous inventions, Pope Leo has made another addition, as above, concerning the place, the dignity, and the persons of whom the power and authority of the ordinaries is exhausted. So he also takes from them those on account of the time, and as he reserves to him the benefices, which become vacant within six months, according to law. Thus he will also set up future reseruations on account of the days or perhaps the hours, since with this all proper German authority will be suspended, and then, with great German nation aggravation, such reseruations will be tolerated.
Subsequently, such complaints have been conceived by the said Pope Boniface the viii. still more list, which is called [Affectio, and used in three ways. Firstly, on the grounds of the right to have an owner of a foundation touched, then, if the foundation in question is legally inherited by the death of the owner, it is further granted by the bishop to the ordinarius as a post-tribute.
On the other hand, on account of the Commenda, which is then also a gross invention, within the power of a dignity or trust, and to a title, either on account of the person, or on account of the fact that one would not otherwise be eligible, or on account of the fact that one who is to be in charge of another trust may not be appointed and conferred, may not be laid down, which is to have a commendation, be granted and conferred, just as if the retaining power were to be with him, and if it is conquered as a beneficium, and is again released, the commendation is neither extinguished nor expired, but is still to be conferred in the power of commendation by the bishop. Thus, the ordinarius may no longer come to his fiefdom. Therefore, such commenda shall be full of scandal.
Thirdly, fraud has been committed, if a person, in virtue of a gratuity, has an expectation 1) of a benefice, and accepts it, but has no supervision or commission over it. Thus the same prebend, as affected by the bishop, is forbidden to the ordinary. If one now 2) wants to advise and help the German nation, the shameful reseruptions, commenda, and affectiones must be stopped in all ways.
Furthermore, it should be noted that after the invention of the said reseruations, the practitioners in Rome have divided them into two according to 3) fictitious names. One is called the common one, the other the special reseruation, by the rule of the Roman Cantzeley. Or if another has a prebend, and has married himself, or enters the order of the mint, or makes profession, or obtains a further reversion, or in other such cases, the same prebend shall be reserved to the bishop and reverted. Such reseruatio also allain, to withdraw the ordinaries their borne fiefdom with it, in will of the bishop hanget.
In addition to the above-mentioned cases, another trick is sought for the ordinaries and feudal lords of the benefices, so that the benefices and beneficia are retained and restored for every Roman person, and especially for the Waldens. Whether or not the annual use of the several thousand gülden is worthwhile, that is, if some servants and familiars of the Pope or the Cardinal live, their benefices and benefits, if they have passed away, are reserved to the Pope for the sabbatical of the feudal lords and ordinaries, and are also called "affectata".
The German nation has many rights that have arisen at the end of Rome, which have been settled in the place of payment with money, or else pension has been struck on it, and other additions to it, which they call R6Zr688U8,
Accessus, vnnd Ingressus, be reserved Hib. From which has followed that the
The Pope has reserved and restored to those whom he owed a considerable sum of money in the German nation many benefices, benefices and dignities, up to a considerable sum of money. Therefore, the cardinals, chamberlains, treasuries, and other forests, the Germans on the Rhine, the Danube, the Wiser, the Elbe, and everything else that lies between and outside, are exhausted in money, all with irretrievable nightmares, damage, and ruin. And so
1) "Expentantien" put by us instead of: "Expectanten".
2) "nu" put by us instead of: "nit".
3) "after" put by us instead of: "yet".
Also that, if some skilful and suitable German benefices are obtained in Rome in the month of the bishop, the other owners will be justified at a low cost for a long time, and presumably they will certainly obtain and have them. So there is again a poem or gleyche restoration by a cardinal, a chamberlain, or another taken and obtained from the pope, by which the called German again a new justification to take forced, and since it is known that he has had to buy him favor with noticeable explanations, to obtain a papal declaration and explanation, so that such a pledge is understood among the mentioned restitution. This declaration was subsequently transferred by a papal decree to a different maynation, so that money was taken from different places, and the parties were thus made to suffer, that they were often branched off from such justifications, and put into the greatest poverty. To give such evil the cause to resist the king.
There is also another reseration, which is called mentalem, since the bishop has a foundation and benefit in his office (as is said), and the same reseration is the example. A pledge has been left, so that one named Peter, through the pope's hands, will be punished and procured, which then will not be paid, but Peter assumes to have spent his money, but there is a fraud in it, then with an appointed date, seal and seal, as if the bishop had reserved and reserved such venetianship and pledge in his mind, and after that (as can be assumed), but for money, one H ii to another, so that he first comes by his money and pledge.
There is also another way to bring the ordinaries and feudal lords of the benefices and benefices by their justice, conceived as by the union, and in such a way Peter, Thumbherr zu Wormbs, begeret ayner Dignitet or parish churches, makes the one to Rome, if it by surrender or death of the old owner becomes vacant, Vnion, due to the evil invention of the ordinaries or lords of the fief, may not come to his fief, then a contract, which they call Compositionem, with the bishop's dotaria described here, and in the form, is the foundation of annual money 1) xxiiii. Ducaten, then one pays the votario from such Vnion because of it 2) xxiiii Ducaten. If it is above that, then half the amount shall be paid.
1) "güld" - validity, levy, tax, pension.
2) "dar" put by us instead of: "der".
There is still another way, the way of the coadjutorship, which is taken with or without the consent of the one, 3) who owns the benefice or benefit, allain that one represents oneself with the votario. This way may well be opposed, if the order would be adopted that no one without the consent of the Ordinary shall be admitted to aynicherlay Coadjutorship, and that the Ordinary shall have the power to appoint and take 4) the Coadjutor.
To deprive the ordinaries and feudal lords of the benefices of their fiefs has been invented under this Pope Leo, If one possesses benefices, beneficia, or dignitaries, he shall give them up and resign them with words to one of his good friends, and yet in his history nothing shall be resigned, If he then takes in the same benefice or dignity, title, standing in the choir and capitulum, likewise all fruit in place of a pension reservation, and if he dies, the same his friend in force of such resignation accepts the same benefice or dignity, so that the Ordinary may no longer come to plundered fiefdom.
Now it is to be said of recourse, ingress, and exactions, so called by the practitioners at Rome, that the law of Kay. Law of service parkhaiten vnd Seruituten of the Leyplichen vnd verlayblichen things say, as söllichs in kaynem Ratt so well be used, as in Pfründen, gotsgaben, gistlichen things, however with a big vnbillichen interpretation of the right, therefore so is at Rome sought vnd to let, But at the end of the ordinaries and feudatories, that one with the will of the one who owns the benefice is allowed and permitted access, which they designate as above, to the same owner's benefices after his departure, but that one should get along with the bishop's dotaries about it.
Item. A person who has a sinecure, ceded, and relinquished a sinecure, out of such a relinquishment and cession to the ordinarius, shall not only receive a pension for it, but shall also, if it is relinquished, reserve the right of recourse, recourse, and recourse, all of which shall then be of recent invention, and out of invented names shall bear the merchantship of the sinecure upon him.
From the fact that it is infertile and unjustly established by law that the benefices are to be conferred on change, then by virtue of the said amendment, the bishop has forfeited the benefices for and for, and the ordinaries are to be conferred.
3) Instead of: "that the" we have put "deß, der".
4) "nemen" probably ----- nämen, that is, appoint.
and. The feudal lords may no longer come to the feudal estate.
Item. Pensions are paid on the foundations, so that the next owners must also pay, even if the first owner gives his bad will.
From the use and handling of the pension and its redemption, it is found that all the properties, and which are found houses and meren, are not less daily the benefices with it, than with half or third part of the income of the fruit, so that in God's gifts, benefices and dignitaries at Rome the largest merchant 1) is used.
So also under this bishop has arisen such a treaty for benefices and beneficiaries at Rome, that any German there may obtain any benefice, as far as he changes before the cunning of the superior date, 2) and wants to prevent such a reservation, he then asks for such a foundation before and on one's own name, and to settle with him for half the day of the fruit of the same foundation, which is paid annually from the pension, or which is paid with cash and not a little money.
Then it has been found, that so respectable persons of the German nation have applied for benefices, which have been obtained and impetrated, so have others and on behalf of the people with practice of the appointed date, designation and derogation of a rule, which is there against, and reports, that Jus patronatus has statute, it being then fact that much time may pass, in which gleychmäßiger weß may be had from the day of the died off gepürend Kundschafft, the same Pfründen vnd beneficien zu wegen pracht, dardürch die erste jren angekörten Fleyß, mye, kost vnd labor verlieren.
It has also been proven that many merchants, other foreigners, and also local Germans of lesser origin and art, live in Rome in great lust, and use the costs for it all from German lands, surpassing great princes and lords in their income, thus wasting the Holy Roman Empire. This and such cases are always countered with necessary advice, and in such a way that all reservations, affection, coadjutorship, influence, employment, and pensions, through the Waldens or other friends, and so not be sent to the Teutons, and be approved on the basis of the law.
1) "Kaufmannschaft" set by us instead of: "Kaufmannschatz".
2) That is: reservations, reservationss mental.
The same shall not be allowed again in the German nation to benefices, benefices, dignitaries, or to the above-mentioned qualifications, or else the pension of the same, if they had been personal before, shall be put in perpetual tribute.
If the lord of the fief and the patron at Hnib of this gift of God shall offer and present one to the Ordinary, and the Ordinary shall lease and invest another thereupon, there shall be a subsequent surrender and resignation at Rome, with the consent of the patrons and the Ordinary, so that they may then bayd, the Ordinary and the patron, If he is indeed a priest, he will be deprived of his rights, so that he will never again be able to do so. Therefore, no surrender or resignation of any gifts to God should be permitted without the consent of the ordinaries and patrons, because this would deprive the Church of much income. So that everything may also take place in the donations, which may be surrendered and ceded according to the ability of the law.
From the nomination designations, and subrogation is to note:
Since the ordinaries' right to swear and to truck by the bishops has come to an end, the same ordinaries may have wanted to provide themselves with more freedoms, statutes, and rights out of necessity, If the bishops have received papal confirmation and confirmation of this, they have spent considerable money in Rome, and if they have letters about this, they believe that they can be sure that these will not be revoked or abrogated. If, however, the bishops have suspended and abrogated the old rights, which were also good, the same freedoms, statutes and powers, whether or not they have been sworn to, will be suspended and abrogated by derogation, as has then openly appeared before and now, not only in minor, but also in major benefits and dignities.
How then the bishops, by designation and derogation, do not abrogate all papal and imperial freedoms, praiseworthy and good, sworn statutes and statutes, but they also take away the foundations and beneficia fiefdoms and jus patronatus of the lays, and of the princes, and for this derogation they have often sought, used, and thus used all sorts of swift ways.
First. How well the Layen founded me benefices, and in the foundation and endowment
3) "abrogiret" put by us instead of: "obrogiret".
The fiefdom and patronage are reserved for them and their heirs, but if the owners of the same fiefdoms at the bishop's court die and their fiefdoms become vacant, the bishops have taken their fiefdom and jus presentandi from the fiefdoms by derogation.
Secondly. However, on the grounds of the same benefices, the fiefdom and jus patronatus are to be renounced and derogated, since the same jus patronatus belongs together to the church and to the laymen.
Thirdly. They deny and derogate from such rights, if such a benefice is vacated, that one has not been named for it, or does not have the right to it, or is vacated by the statute of execution, or is otherwise turned over and devolved, 1) the feudal lord and patron is appointed and accepted, that he should be released from such and have a vacancy, which appointment should be made out of discretion, if he would be appointed such of his right 2).
Fourthly, the way has been found that the same benefices are taken away and derogated from in the second third, and therefore war and quarrels are aroused, and the patrons are deprived of their fiefdom.
Fifthly, the fiefdom and jus patronatus shall be taken away and derogated from, if they derive their justification from the grant or from the receipt of the prescription, provided that they have the rent and prescription for themselves.
The sixth, which is difficult to report, is that the fiefs have endowed benefices and beneficia, and out of simplicity they have decreed that, within the power of their fiefs, the jus patronatus should be endowed and presented to one of them by a prior or prioress, or by another dignified person, that the other month the bishop wants to have, and the one who has, so whether the benefice or the beneficium is vacated, the one who should have the jus presentandi in virtue of his endowment, is deprived of it, and against it neither will to perform, taken order, good won, and even so sworn, has no right.
From the Papal Graces, which sy call Gratias Expectatiuas.
It is to be noted that the ordinaries are to take the care to know, and also to indicate, who and which of such expectants 3) acquired and executed, so that good information is available.
1) "eemalen" --- before.
2) Instead of "deployed," it should probably read "appalled."
3) "Expectantien" put by us instead of: "Expectanten".
The Council of the Italian Nation shall have the power to establish whether they were virtuous and skillful for the benefices and benefits for which they had such grace, then it shall be found out of such that the Walhen, Reuerendarii, Auditores, Camerdiener, Schreiber, officials, and other servants of the Babst of the Italian nation most of all stumble after benefices of the German nation, and trade with them, not that they are for or against these same benefices, but that they exhaust the money of the German nation in this case and make themselves revenged.
Therefore, many damaging preachings of such episcopal graces were taken, then, on the hope of the owners of the same benefices dying off, many such graces were gathered together. Therefore, much justification has arisen in Rome, and therefore many have been put into poverty; whoever now learns of such a matter must confess that such preaching should be stopped at once.
And in order to establish such rights, which arise from and out of such graces and graces, that is, if one in Rome, the Pope or a Cardinal N. is a describer, the other with means, the third on middle! The fourth noble, the fifth a priest, the sixth a doctor, the seventh not learned, he has his gratitude and first Jia processes, the one to a peer, which they call 4) ad Instar, the created, the vngeschöpfft, has Freyhait vnd Prorogation, the other came Prorogation, but the one with a right, so they call Perinde valere. The other, by means of a declaration, with such things, spends and wastes a lot of money, injures and damages the common property, and also exhausts all assets.
And because the ordinaries may well recognize suitable persons of their bishoprics, but in the same case a proper exception shall be sought, he shall have to consider and understand the necessity that an ordinarius shall have power and authority, for just cause, to dispense from two, It is not proper to dispense with two, which would not otherwise be dispensed with another, then to dispense with Rome, and to dispense with the right on grounds, except that it is not proper to conquer and have by the way of the union many benefices, which do not otherwise suffer to be held by one another.
Some of those who lived in Rome claimed that they personally owned the benefices they obtained, and not less, by the way of the union, more than three benefices, which they did not suffer to have in the past, were brought to their account, and therefore to many bishoprics, lords of the throne, and the church.
4) "call" put by us instead of: "nemen".
have other benefices, vicarages, and pensions. Hereupon, the German nation's emergency requires that the ordinaries, persons who have been found fit to rightly hold the benefices, to equalize the benefices and the gifts of God. Also, for this purpose, persons must be appointed, and others must have power and authority to serve as examples, so that the Holy Almusen [not] is thus uselessly wasted.
The dispensation of death-row inmates should not be permitted in any way, unless the reason why they were given is first explained to the Ordinary.
The bishops are to learn this with their own persons, as is the case, and then to dispense with the same benefices as the bishops.
From the Vrlauben and Licentien.
No one should be given permission to transfer, resign, or exchange the benefices, although this is permitted daily, but it should be done with the consent of the Ordinary and Patrons, and not at Rome.
The permission should also be aborted, in which one is allowed to become a doctor in the form of a papal decree. Thus, if a student is deemed to be a doctor, he shall be interrogated and admitted to a high school and university by appointed doctors after learning about the place for several years, and therefore, if doctors are admitted by right or by choice, they shall all be admitted, and not those first mentioned, which are called bullatos.
One also gives permission to be ordained to the priesthood by any bishop. From this, it follows that unskilled and unskilled people come to benefices, which nevertheless must be allowed by the ordinaries before examination, and if they are sent, they must be allowed to do so.
Of the reserved cases, which they call casus reservatos, when the bishop reserves the right to the divine gifts. Thus, he also protects him from the princely, which is also embarrassing for the ordinaries.
Dispensation in the ii. vnd iii. degree SypJiia vnnd Magschaft, so far one represents oneself with the Datario to Rome, desgleychen Dispensation gaystlicher geuatterschafft, are admitted vn large gelt, so that two brothers successively one woman, and then two sisters successively one man, eelich beschlaffen, öttlich
Because such a dispensation may be harmful, it is necessary that the ordinaries should have the power to make such a dispensation according to the law, and not to allow papal authorities or others in Rome to do so.
And since the Archbishops have confirmed and confirmed their bishops, Suffruganii, Aept, and Abbatissin in their bishoprics, and the Archbishops have confirmed and confirmed the Primates in Germania, it is still good that justice remains with the German nation, so that much money, which is sent daily to Rome, would be saved.
Of the justifications, the Basel Council has decreed and stipulated that no royal, secular, or other gifts of God are to be judged in Rome in the first instance. The last Lateran Council has also decreed that all gifts, until they are named, are to be judged in Rome. But this notwithstanding and disregarding, the ordinaries and parties shall be severely punished, and all benefices shall be justified in the first instance at Rome, and thus much grievance and loss shall be caused. To settle my appeal with money, in which much is accrued, and for many reasons is almost unacceptable.
It shall also be appealed to Rome from each city before the final day, and the same appeal shall be accepted by the city, which shall also be opposed*. Princes, counts, lords of the nobility, doctors and others, through the Auditores Camere, with their commissions, that each one is managed to appear in person, and no procurator will be admitted, therefore many things are due to the treasury at Rome, by which the Germans will be required to go to Rome and will be summoned with great expense, which, however, can no longer be afforded.
Therefore, it would be good that the first instance be left to the Ordinary, the second to the Archbishop, and the third to the Primates, so that the visitation would be stopped and the money would be kept in the German nation.
540. of an unnamed nine articles, in Latin, for the benefit of the German nation, on account of the complaints against the Roman
Court, drafted.
From Kapp's "Nachlese," Part II. p. 435.
Translated into German.
1. for the special benefit of all Christendom and the churches of the German nation, and for the taxation of ailments, and for the provision of the churches with
It is beneficial for such people, who govern and build them at the same time, that the following is ordered and decreed by the most invincible and most noble Roman king, with the consent of the empire and the estates, and for its benefit and preservation.
2. first of all. First of all, that no foreigner who cannot perfectly preach, read or understand the German language to the people may attain a right or possession to the offices, benesicies and dignities of the German nation, but be considered unfit for it, because even such benefits have not been established nor endowed in Germany for such persons. And that also no German, under pretext, as if a right of such had been ceded to him, can attain to such a right and possession of any dignity, office or benesicies, which have only been thought of. And that, therefore, an end be put to the dalliance that is made with the French and foreigners about ecclesiastical benefices, and the simonean and other unlawful dealings be controlled, and that the benefices be granted only according to the canonical decree, without the least abortion, whereas none of the persons concerned can or should be allowed to possess them. And that the fruits of their income shall be confiscated by the Ordinary from those who let them have it, and shall be given to the Ordinary himself, until the benefit thus taken shall be received freely and unencumbered by him to whom the Ordinary has given it, and on the other hand he who has come to it in the manner aforesaid shall again be deposed and expelled from it by the very above-mentioned people who let him have it. However, the Ordinary shall also have the power to expel such a holder from his place and to testify, and to confer such Beneficium, which the expelled person possessed in this manner, to another.
3. secondly. Since today, because of the taxes (pensiones) and the many kinds of recourse of the Benesicies of the German nation, Germany itself, which was formerly free, is now, as it were, more interest-bearing and valuable to the Welschen than it ever was in the time of the Romans: Therefore, so that Germany is not so exhausted, nor the Welsh tickle themselves that they can draw the money out of the Germans' pockets by their wit, it shall be commanded by the king (emperor) that henceforth the inhabitants of the German nation shall continue to pay such taxes to the Welsh and others who live outside Germany.
1) According to the previous writing (Col. 1773), these are encumbrances, servitudes, of the benefices.
shall not pay, nor be required to do so. And that those who would pay such tax to the Welsh and others residing outside the nation shall be deprived of the possession of the benesicies from which the tax is ordered or directed, and the fruits of such benesicies shall be taken and withdrawn from them, until the beneficia on which such taxes are due, have been granted to other competent persons who do not wish to pay such taxes by the Ordinary, who shall also grant them freely and without charge (or without such a burden), if the aforesaid of the Welsh interest people do not otherwise swear that they no longer wish to pay such interest or tax.
Thirdly. And since through unions, commissions, recourses, secret reservations in the heart or mind, in general or in particular, the ordinary power and authority is weakened, and the will of the founders is evidently overturned, also one generally desires other deaths, and promotes people whom one does not know well: Therefore, and because of other just causes that require such things for the benefit and tranquility of the German nation, it shall be decreed and commanded that henceforth no such commendations of the benesicies and dignities, temporal or perpetual unions, cessions or recourses, nor any reservations, except those described as just, shall be permitted in the mind or heart, in general or in particular, but shall be rejected by all. And that under such pretext no benefice of the church, of whatever kind it may be, shall henceforth be obtained, or anyone allowed to possess it, or those who allow them to do so shall also be punished in the above-mentioned manner by confiscation of the income of their benefices; and that even the possessor, without prejudice to this, may still be deposed by the Ordinary, and the benefice which he thus receives may be given to another capable person quite freely and unencumbered.
Fourthly. That also henceforth known and capable people be appointed to the churches; and that the Ordinaries are not deprived of their ordinary power by any reservation, exception, union, incorporation, encroachment or recourse, unauthorized coadjutorial, or other merely sensible ways and means, and that, on the other hand, the annals are collected by the same Ordinaries for the use for which they are imposed, and that the Holy Roman Empire is accounted for by the same Ordinaries: It should be decreed that henceforth the same ordinaries, whatever the contrary usage or established bad habit may bring, shall collect the annals every month of January, March, May, July, August, and December,
September, and November, all benefices, including the highest and higher dignities, and all canonships and prebends of the cathedral and collegiate churches in their cities and districts, shall be freely granted to competent clergymen of their cities and districts, and none other than he to whom they conferred such benefices, under any pretext of any pardon, even of the kind mentioned above, shall be allowed to possess the same, if they have granted such benefices, after they have been discharged, within six months from the time of their discharge; and that those whom they have otherwise left in possession of said benefits shall be deprived of the fruits of their benefits by the Ordinary, and such shall be applied to other uses granted, until the one to whom the Ordinary has granted it shall freely obtain such benefit taken, and on the other hand the one who has taken it wrongfully in the manner aforesaid shall be expelled and deposed from the same by the aforesaid people who have left him in possession.
Fifth. And that also the annoyances and damages, which arise from the possession of many not rhyming together 1) (Beneficien), which were attained by special liberty or dispensation, are controlled: Henceforth no one shall be able to obtain such multiple incongruous (Beneficia) by special grant of grace or dispensation, except for a good and efficient cause expressed in the letter of grace, examined by the Ordinaries, and certified and lawfully found by the same Ordinaries of each place where the Beneficies are situated. Otherwise, the ordinaries themselves shall freely confer such benefices, which have been received by dispensation, on competent people.
Sixthly. Likewise, that also in the benefices over which the laity, also princes and nobles, have the jus patronatus, although such jus patronatus of the laity come to the clergy, according to the presumed will of the founders and benefactors, and according to the custom, and according to the custom that has been observed in such benefices from the time of their foundation and existence, and that no one can or should grant them otherwise, and that such right of patronage of the laity shall not be interfered with or abrogated, in part or in whole, due to any limitation or custom or due to death at the [Roman] court: and that all other grants and encroachments contrary thereto, as unjust and inequitable things, be resisted.
1) incomxÄtitiHium.
and they were not obeyed at all.
Seventh. Likewise, that because of the inordinate plagues and burdens of the parties, which have often been seen up to now, and the great expense of the litigants, no one may henceforth depart from the court of the Ordinary to any other, nor, by overruling the former, or before a final judgment (unless one finds himself aggrieved by another and appeals), may appeal from a definitive and irreparable judgment (a diffinitiva irreparabili). And that no one shall henceforth be brought before any ecclesiastical benefitii or other secular matter other than before the ordinary judges; and that he who acts contrary thereto shall be condemned in fifty marks of silver, half to the credit of the treasury of the Ordinary, and half to the credit of the opposite party; that, nevertheless, he who acts contrary to this shall become legally and factually due, and that the appeal made otherwise than as aforesaid shall be held null and void and invalid, and that, consequently, the execution of the pronouncement or judgment made shall be continued, notwithstanding the appeal.
9th Eighth. Likewise, that no letter, writ, bull, or command, other than that issued and decreed in a common concilio (held in a place belonging to the nation, to which the nation is also summoned), shall be obeyed against the above-mentioned things, nor shall any conclusion, order, demand, reminder (or warning), procedure, sentence, or ban (which in some way has been pronounced, proclaimed, and pronounced in the Roman court by anyone, or in some way) bind or burden anyone in the least, so that he may be avoided by others or abhor others, or still to be pronounced and pronounced) should bind or burden anyone in the least, that he should be avoided by others or that he should shun and detest others, but that he who desires something else, as a disturber of the common peace and who thus annoys the church manifestly, should also be contradicted to his face, and on account of all the above-mentioned matters in the common concilio (to which the nation may refer for the above-mentioned handling, defense and assertion) should offer to stand and answer the law; Since, however, all and every one of the nation shall hold on the above-mentioned pieces, notwithstanding anything that may run contrary thereto or be brought forward against it.
Ninth. Nor need anyone be so brooding and so superstitious in conscience as to think that objectionable things, which the common law
could not be ordered (in this case for the common good, and since the pope is so wicked and so indebted) by the temporal prince against the so depraved and base customs of the Roman court, by which the general state of the church is evidently vexed.
net. For such orders and statutes are justified by so many reasons and rights that there is not the slightest doubt that all this can be ordered and well decreed with the help and grace of God.