[8] Used here and above in the New Testament sense of true Christians, living or dead, cf. 1 Cor. 1:2.

[9] See p. 11.

[10] See above, pp. 12, 13, and Vol. I, pp. 59 ff.

[11] The virgin Mary.

[12] Cf. Enarratio in Ps. XXI (Migne, xxxvi, 178).

[13] Penitential works.

[14] Cf. Acts 2:46.

[15] See Vol. I, p. 310.

[16] In the Vulgate the Greek word "mystery" is translated by sacramentum. See below, p. 258.

[17] Luther still adheres to the doctrine of transubstantiation. But see below, pp. 187 ff.

[18] See p. 11.

[19] Cf. below, p. 192.

[20] See Luther's explanation of the First Commandment in the Catechisms. Also the answer to the last question in Part V, Small Catechism.

[21] Treatise on Penance (Weimer Ed., II, 721), where Luther exhorts the troubled conscience to pray with the father of the lunatic boy, "Lord, I believe, help Thou mine unbelief," and with the Apostles, "Lord, increase our faith."

[22] Cf. above, p. 17.

[23] The Church.

[24] A transubstantiation in the communicant.

[25] A work that is done without reference to the doer of it.

[26] A work considered with reference to the doer of it.

[27] An opus operatum.

[28] An opus operantis.

[29] Cf. 1 Cor. 11:30.

[30] Sodalities; see Introduction, p. 8, and below, pp. 137 f.

[31] On festival days of the order and on saints' days.

[32] The Carmelites are supposed to have been the first to organize sodalities, having organized in the fourteenth century the Sodality of Our Lady of Carmel. St. Anne was the mother of the Holy Virgin. Her sodalities were, as Kolde says, epidemic in 1520. Luther's appeal to St. Anne in the thunderstorm is well known (Comp. Kostlin-Kawerau, I, 55). There was a sodality of St. Anne, besides one of St. Augustine and one of St. Catherine, in the monastery at Erfurt in Luther's day. St. Sebastian was a martyr of the fourteenth century. His day is January 20. Comp. Arts. Anna, Sebastian and Bruderschaten in Prot. Realencyk., I, SS2; II, 534 l.

[33] A trades' guild brotherhood.

[34] Douay Version, based on Vulgate, from which Luther quotes.

[35] See above, p. 10.

[36] I. e., in marriage.

A TREATISE CONCERNING THE BAN

1520

INTRODUCTION

The ban, or excommunication, is the correlative of communion. Our conception of excommunication depends then, of course, upon our view of what constitutes communion. Luther gives us his view of communion in the preceding Treatise concerning the Blessed Sacrament. From the premise there laid down it follows that excommunication, or the ban, excludes only from external membership in the Church, but cannot really separate a man from the Church if he is in personal fellowship with his Lord[1]. Sin and unbelief cause this separation from Him, and the real ban, therefore, is put into effect not by the Church, but by the man himself when he sins against God. The ban of the Church cannot even deprive one of the Sacrament, but only of the outward use of it, for it can still be partaken of spiritually. This whole position, of course, is fatal to the Roman Catholic conception of the Church, and we do not wonder that it was vigorously opposed by the hierarchy.

Of like significance is Luther's advocacy of the separation of the temporal and spiritual powers, practically of Church and State,--the position which he develops later in the Open Letter to the Nobility. But in this treatise, again, Luther shows himself to be anything but the immoral monster his vilifiers have tried to make of him. He is again the man of conscience--will his critics say, "of oversensitive conscience"? Thank God that there were some sensitive consciences in an almost conscienceless age! Luther fears sin more than the ban, and sin has for him more than an ecclesiastical meaning. Sin is not primarily an act against the Church, but an offence against God. This the ban is to teach; it is to be the symbol of God's wrath against sin and it is to be used by the Church only remedially and in love. When so used it becomes the chastening rod of the dear Mother Church, provided it be accepted and borne in this spirit.

Why, then, did not Luther bear his own ban in this way? The justification for his subsequent conduct is to be found in two brief but important conditional clauses in this treatise. "God," he says, "cannot and will not permit authority to be wantonly and impudently resisted, when it does not force us to do what is against God or His commandments."[2] Again he says, "When unjustly put under the ban we should be very careful not to do, omit, say or withhold that on account of which we are under the ban, unless we cannot do so without sin and without injury to our neighbor."[3] God and his neighbor were for Luther the actors which made it necessary for him to speak and act, when for selfish reasons he would often rather have remained passive.

The inception of our treatise is to be found in a sermon preached in Wittenberg in the spring of 1518. Luther's pastoral concern for his people made it necessary for him to speak on this subject in order to quiet the consciences both embittered and distressed by the wanton and unjust use of the power of excommunication. Added to this must have been his own personal interest in the ban certain to fall on him. In a letter to Link[4], dated July 10, 1518, he speaks of having preached a sermon on the power of the ban which produced general consternation and fear that the ire enkindled by the XCV Theses would start afresh. He had desired a public disputation on the subject, but the Bishop of Brandenburg persuaded him to defer the matter. Under date of September 1st, Luther writes Staupitz[5] that because his sermon had been misrepresented and spread by unfriendly spies it became necessary for him to publish it. It appeared in August after Luther's summons to Rome, under the title De Virtute Excommunicationis. Our treatise is an elaboration in popular form of this Latin treatise of 1515.

The Grunberg text given in Clemen, Vol. I, which we have followed in most cases, is dated 1520, and must have appeared in its original edition at the end of 1519 or the beginning of 1520.

The text of the treatise is found in the following editions: Weimar Ed., vol. vi, 63; Erlangen Ed., vol. xxvii, 51; Walch Ed., vol. xix, 1089; St. Louis Ed., vol. .xix, 884; Clemen, vol. i, 213; Berlin Ed., vol. iii, 291.

J. J. SCHINDEL.

Allentown, PA.

FOOTNOTES

[1] See below, p. 37.

[2] See below, p. 50.

[3] See below, p. 51.

[4] See Enders, I, No. 84. Smith. Luther's Correspondence, I, No. 69.

[5] See Enders, I, No. 90. Smith, Luther's Correspondence, I, No. 77.

A TREATISE CONCERNING THE BAN

1520

JESUS

1. We have seen[1] that the sacrament of the holy body of Christ is a sign of the communion of all saints, therefore it becomes necessary to know also what the ban is which is employed in the Church by the power of the spiritual estate. For its chief and peculiar function and power is to deprive guilty Christians of the holy sacrament and forbid it to them. Therefore the one cannot be understood apart from the other, because the one is the opposite of the other; for the Latin word communio means fellowship, and thus do the learned designate the Holy Sacrament. Its opposite is the word excommunicatio, which means exclusion from this fellowship, and so the learned term the ban.

2. There is a twofold fellowship, corresponding to the two things in the sacrament, the sign and the thing signified, as was said in the treatise[2]. The first is an inner, spiritual and invisible fellowship of the heart, by which one is incorporated by true faith, hope and love in the fellowship of Christ and of all the saints, signified and bestowed in the sacrament; and this is the effect and virtue of the sacrament. This fellowship can neither be given nor taken away by any one, be he bishop, pope, or angel or any creature. God alone through His Holy Spirit must pour it into the heart of the one who believes in the sacrament, as was said in the treatise[3]. This fellowship no ban can touch or affect, but only the unbelief or sin of the person himself; by these he can excommunicate himself, and thus separate himself from the grace, the and salvation of the fellowship. This St. Paul proves in Romans viii: "Who shall separate us from the God? Can anguish or need, or hunger or poverty, or danger or persecution, or shedding of blood? Nay, I am convinced that neither death nor life, neither angels nor principalities nor angelic hosts, neither things present nor things to come, naught that is mighty on the earth, neither height nor depth nor any other creature can separate us from the love of God which is ours in Christ Jesus our Lord." [Rom. 8:35, 38] And St. Peter says: "And who is he that will harm you, if ye be followers of that which is good?" [1 Peter 3:13]

3. The second kind of fellowship is an outward, bodily and visible fellowship, by which one is admitted to the Holy Sacrament and receives and partakes of it together with others. From this fellowship or communion bishop and pope can exclude one, and forbid it to him on account of his sin, and that is called putting him under the ban. This ban was much in vogue of old, and is now known as the lesser ban. For the ban goes beyond this and forbids even burial, selling, trading, all association and fellowship with men, finally, as they say, even fire and water[4], and this is known as the greater ban.

Not satisfied with this, there are some who go still farther and use the temporal powers against those under the ban, to coerce them with sword, fire, and war[5]. These, however, are new inventions, rather than the real meaning of Scripture. To wield the temporal sword belongs to the emperor, to kings, to princes, and to the rulers of this world, and by no means to the spiritual estate[6], whose sword is not to be of iron, but the sword of the Spirit, which is the Word and commandment of God, as St. Paul says. [Eph. 6:17]

4. This external ban, both the lesser and the greater, was instituted by Christ when He said in Matthew xviii: "If thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother. If he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word or transaction may be established. If he will not hear them, then tell it unto the whole congregation, the Church. If he neglect to hear the Church, let him be unto thee a heathen man and a publican." [Matt. 18:15 ff.]