Nevertheless it might be granted that cases which concern benefices or livings should be tried before bishops, archbishops and primates. Therefore, in order to decide contests and contentions, it might be possible for the Primate of Germany to maintain a general consistory, with auditors and chancellors, which should have control over the _signaturae gratiae_ and _signaturae justitiae_[124], that are now controlled at Rome, and which should be the final court of appeal for German cases. The officers of this consistory must not, however, be paid, as at Rome, by chance presents and gifts, and thereby acquire the habit of selling justice and injustice, which they now have to do at Rome because the pope gives them no remuneration, but allows them to fatten themselves on presents. For at Rome no one cares what is right or not right, but only what is money or not money. This court might, however, be paid out of the annates, or some other way might easily be devised, by those who are more intelligent and who have more experience in these matters than I. All I wish to do is to arouse and set to thinking those who have the ability and the inclination to help the German nation become once more free and Christian, after the wretched, heathenish and unchristian rule of the pope.

5. No more reservations should be valid, and no more benefices should be seized by Rome, even if the incumbent dies, or there is a contest, or the incumbent is a "servant" of a cardinal or of the pope[125]; and it should be strictly forbidden and prevented that any "courtesan"[126] should institute a contest over any benefice, so as to cite pious priests to Rome, harass them and drive them into lawsuits. If, in consequence of this prohibition, there should come from Rome a ban or an ecclesiastical censure, it should be disregarded, just as though a thief were to lay a man under the ban because he would not let him steal. Indeed they should be severely punished because they so blasphemously misuse the ban and the name of God to support their robbery, and with falsely devised threats would drive us to endure and to praise such blasphemy of God's name and such abuse of Christian authority, and thus to become, in the sight of God, partakers in their rascality; it is our duty before God to resist it, or St. Paul, in Romans i, reproves as guilty of death not only "those who do such things," but also those who consent to such things and allow them to be done [Rom. 1:32]. Most unbearable of all is the lying _reservatio pectoralis_[127], whereby Christendom is so scandalously and openly put to shame and scorn, because its head deals in open lies, and out of love for the accursed money, shamelessly deceives and fools everybody.

Works of Martin Luther — Part 63