[94] A point at issue between Thomists and Franciscans. The former held that the grace of the sacrament was contained in the sacramental sign and directly imparted through it; thus Aquinas. The Franciscans contended that the sign was merely a symbol, but that God, according to a pactio, or agreement, imparted the grace of the sacrament when the sign was being used; thus Bonaventura, and especially Duns Scotus. See Seeberg, DC, III, 455 ff., and in Realencyklopadie, V, 73.

[95] The conclusion of the investigation begun on p. 226.

[96] See above, p. 204.

[97] See above, p. 223.

[98] See above, p. 226.

[99] Baptisma; see above, p. 226, and compare Vol. I, p. 56.

[100] Res. See above, p. 182, note 2.

[101] Res baptismi. See above, p. 231.

[102] Cf. below, pp, 258 ff.

[103] See above, p. 231.

[104] The position of Thomas Aquinas, going back to Augustine, and ratified by Clement V at the Council of Vienna, 1311-12.

[105] See above, p. 227.

[106] See above, pp. 227 ff.

[107] For a full discussion of this "baptism," see Scheel, in the Berlin Edition of Luther's works, Erganzungsband II, pp. 134-157.

[108] See above, p. 238.

[109] The threefold vow of the mendicant orders.

[110] Bulla means both a papal bull and a bubble.

[111] Compare above, p. 172, note 4.

[112] An obscure allegorical reference to the Babylonian captivity of the Jews. "The people of the captivity" (comp. Ps. 64:1 and 1 Kings 24:14, Vulgate) are the better portion of the people who were carried captive, together with their possessions, to Babylon; "the people of the earth," am haarez, the common people, were left behind and became the nucleus of the hybrid Samaritan nation.

[113] See above, p. 123.

[114] See above, p. 75.

[115] See Decretal. Greg., lib. Ill, tit. xxxiv, cap. 7.

[116] Cf. Kohler, Luther und die KG., pp. 222 ff.

[117] Comp. below, p. 248.

[118] This time came during Luther's sojourn at the Wartburg, when he wrote De votis monasticis, 1521. See Vol. IV.

[119] The XCV Theses, the Resolutiones, the Sermon von Ablass und Gnade, the Confitendi Ratio; the first and last of these in Vol. I.

[120] Reference to a probably spurious bull of Clement VI. In his Grund u. Ursach aller Artikel D. Martin Luthers, so durch rom. Bulle unrechtlich verdammt sind (1521), Luther writes: "Thus it happened in the days of John Hus that the pope commanded the angels of heaven to conduct to heaven the souls of the Roman pilgrims who died en route. Against this dreadful blasphemy and more than devilish presumption Hus raised his voice, and though he lost his life therefor, yet forced the pope to pipe a different tune and in future to refrain from such blasphemy."--Compare Kohler, Luther u. die Kirchengeschichte, p. 206. See also above, p. 81.

[121] Longe viliorem; the Jena Ed., followed by Lemme and Kawerau, reads, longe meliorem.

[122] Comp. Vol. I, p. 20.

[123] Comp. Vol. I, p. 86.

[124] See above, pp. 105 f.

[125] See above, p. 105, note 4.

[126] See above, p. 223, note 1,

[127] See above, p. 245, note 2.

[128] A play on the word observantia, which means both observation and observance. A scriptural fling at the Observantines. Comp. above, p. 172, note 4.

[129] Luther quotes correctly, confortatus, but thinks confirmatus.

[130] Vulgate: confirmet.

[131] Above, pp. 203 f.

[132] Vulgate: sacramenta.

[133] Erasmus edited the first published Greek New Testament in March, 1516 (Basle: John Froben), the Complutensian Polyglot being the first printed edition (1514). Luther used Erasmus' work as soon as it came out, as may be seen in his lectures on Romans, 1515-16 (cf. Picker, Luthers Vorlesung uber den Romerbrie; also Preserved Smith, Luther's Correspondence, etc., I, nos. 21 and 65). In an interesting letter to Luther of Feb. 14, 1519, Froben announces the second edition of Erasmus' New Testament, which Luther used in making his translation. Cf. Smith, op. cit., 00.125.

[134] See above, p. 177.

[135] Namely, for Paul.

[136] The precise meaning is not clear. The Latin is: vel proprio spiritu vel general! sententia.

[137] Here follows a passage that clearly breaks into the context and belongs elsewhere. See Introduction, p. 169.

"I admit that the sacrament of penance existed also in the Old Law, yea, from the beginning of the world. But the new promise of penance and the gift of the keys are peculiar to the New Law. For as we now have baptism instead of circumcision, so we have the keys instead of the sacrifices and other signs of penance. We said above that the same God at divers times gave divers promises and signs for the remission of sins and the salvation of men, but that all nevertheless received the same grace. Thus it is said in II Corinthians iv, 'Having the same spirit of faith, we also believe, or which cause we speak also'; and in i Corinthians x, 'Our fathers did all eat the same spiritual food, and all drank the same spiritual drink; and they drank of the spiritual rock that followed them, and the rock was Christ.' Thus also in Hebrews xi, 'These all died, not receiving the promise; God providing some better thing or us, that they should not be perfected without us.' For Christ Himself is, yesterday and to-day and forever, the Head of His Church, from the beginning even to the end of the world. Therefore there are divers signs, but the faith of all is the same. Indeed, without faith it is impossible to please God, by which faith even Abel pleased Him (Hebrews xi)."

[138] The Summa angelica of Angelus de Clavassio of Genoa (died about 1495), published 1486, one of the favorite handbooks of casuistry, in which all possible cases of conscience were treated in alphabetical order. Cf. Zeitschrit fur Kirchengesch., XXVII, 296 ff. The Summa angelica was among the papal books burned by Luther, together with the bull, December 10, 1520. Cf. Smith, Luther's Correspondence, I, no. 355.

[139] For a full discussion of the hindrances see article Eherecht, by Sehung, in Prot. Realencyklopadie, V.

[140] On this whole paragraph compare Vol. I, p. 294.

[141] It is to be borne in mind that all that follows is in the nature of advice to confessors in dealing with difficult cases of conscience, and is parallel to the closing paragraphs of the section on The Sacrament of the Bread.

[142] Namely, by officiating at the marriage ceremony.

[143] Namely, by betrothal (sponsalia de praesenti).

[144] Lemme pertinently reminds the reader that by "laws of men" Luther here understands the man-made laws of the Church of Rome.

[145] See above, p. 103, note 2.

[146] Relationship arising from sponsorship and legal adoption. Cf. above, p. 128.

[147] Cognatio spiritualis.

[148] The res sacramenti. See above, p. 182.

[149] Cognatio legalis.

[150] Disparilitas religionis.

[151] Impedimentum criminis.

[152] Impedimentum ligamiais.

[153] The fides data et accepta, which Luther finds in the fides (faith) of Gal. 5:22

[154] Page 243.

[155] Impedimentum erroris. With fine sarcasm Luther here plays of one hindrance against another.

[156] Impedimentum ordinis.

[157] Impedimentum publicae honestatis.

[158] An untranslatable pun: non iustitia sed inscitia.

[159] Page 244.

[160] See p. 263, note 2.

[161] Page 242.

[162] The following points need to be borne in mind in order to a fair evaluation of this much criticized section: (1) What is here given is in the nature of advice to confessors, and the one guiding principle is the relief of souls in peril. (2) It must not be forgotten that Luther wrote the treatise in Latin, and not for the general public. There is without doubt a certain betrayal in turning into the vernacular a passage written in the language of the learned. Yet we have done this, being unwilling to all under the charge of giving a garbled version. (3) The hindrance Luther is here discussing was one recognized and provided or by the Church of Rome, and the remedy suggested by him was prescribed by the German Volksrecht in many localities. (4) Divorce was absolutely forbidden. (5) Luther's error grew out of an unhistorical interpretation of the Old Testament, and consisted in his undervaluing the importance of the public law. "To make the individual conscience the sole arbiter in matters belonging to public law, leads to dangerous consequences." (See Kawarau, Berlin Ed., II, 482 f., where references are given.)

[163] As he actually did in the case of Henry VIII and Philip of Hesse.

[164] See above, p. 269, note 1.

[165] Page 271.

[166] An allusion to the act that what he is writing is a "Prelude." See Introduction, p. 168.

[167] Contra epistolam Manichaei, 5, 6 (Migne, XLII, 176). Cf. below, p. 451.

[168] De trinitate, 9, 6, 10 (Migne, VIII, 966).

[169] See below, pp. 451 ff.

[170] The council that condemned and burned John Hus (1414-1418).

[171] Dionysius Areopagita, the pseudonym (cf. Acts 17:54) of the unknown author (about 500, in Syria?) of the neoplatonic writings, Of the Celestial, and Of the Ecclesiastical Hierarchy, etc.

[172] William Durandus the elder, died 1296.

[173] The Franciscan Bonaventura (Died 1274) in his De reductione artium ad theologiara.

[174] Donatus (ab. 350 A.D.), a famous Latin grammarian, whose Ars minor was a favorite mediaeval text-book. The chancellor of the University of Paris, John Gerson (Died 1429), published a Donatus moralisatus seu per allegoriam traductus--a mystical grammar, in which the noun was compared to man, the pronoun to man's sinful state, the verb to the divine command to love, the adverb to the fulfilment of the divine law, etc.

[175] See above, p. 190.

[176] The so-called character indelebilis, the peculiar gift of ordination, so that "once a priest, always a priest." See above, p. 68, note 5.

[177] See above, pp. 178 ff.

[178] The stated daily prayers, fixed by canon, of the clergy. The seven hours are respectively: matins (including noctums and lauds), prime, tierce, sext, nones, vespers, and compline.

[179] Comp. above, p. 69. The fullest development of Luther's doctrine of the spiritual priesthood of believers is to be found in his writings against Emser, especially Auf das uberchristliche, ubergeistliche und uberkunstliche Buch Bock Emsers Antwort, 1521.

[180] On the last sentence see above, pp. 251 f.

[181] See p. 278, note 1.

[182] See above, p. 92.

[183] See above, p. 280.

[184] See above, p. 185.

[185] See above, p. 213.

[186] Covers for the chalice.

[187] This promise was fulfilled in the Liberty of a Christian Man.