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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 Grünberg 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.

      A TREATISE CONCERNING THE BAN

1520

      JESUS

      1. We have seen53 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 treatise54. 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 treatise55. 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 water56, 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 war57. 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 estate58, 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.]

      Likewise St. Paul says in I Corinthians v: "If any man among you be a fornicator, or covetous, or an idolator, or a railer, or a drunkard, or an extortioner, with such an one keep not company, neither eat with him." [1. Cor. 5:11] Again he says in II Thessalonians iii: "If any man obey not our word by this epistle, note that man and have no company with him, that he may be ashamed." [2 Thess. 3:14] Again, John says in his second Epistle: "If any one come unto you, and bring not this doctrine, receive him not into your house, neither bid him God speed, and he that biddeth him God speed is partaker of his evil deeds." [2 John 10]

      From all these sayings we learn how the ban is to be used. First, we should seek neither vengeance nor our own profit, as is at present the disgraceful practice everywhere, but only the correction of our neighbor. Second, the penalty should stop short of his death or destruction; or St. Paul limits the purpose of the ban to the correction of our neighbor, that he be put to shame when no one associates with him, and he adds in 11 Thessalonians iii: "Count him not as an enemy, but admonish him as a brother." [2 Thess. 3:15] But now the ruthless tyrants deal with men as though they would cast them down to hell, and do not in any wise seek their correction.

      5. It may often happen that a person under the ban is deprived of the holy sacrament, and also of burial, and is nevertheless inwardly59 secure and blessed in the fellowship of Christ and of all saints, signified in the sacrament. On the other hand, there are many who are not under the outward ban and who freely partake of the sacrament, but are nevertheless inwardly quite estranged and excommunicated from the fellowship of Christ; even though they be buried under the high altar in a golden pall with much pomp and singing and tolling of bells. Therefore, no one is to be judged, even if he be under the ban, especially if he has not been put under the ban for heresy or sin, but for the purpose of correction. For to put men under the ban for the sake of money or other temporal considerations is a new invention, of which the apostles and Christ knew nothing.

      6. To put under the ban is not, as some think, to deliver a soul to Satan and deprive it of the intercession and of all the good works60 of the Church. For where the true faith and love of God remain in the heart, there remains a real participation in all the possessions and intercessions of the Church, together with all the benefits of the sacrament, since the ban is and can be nothing else than exclusion from the external sacrament or from association with men. If I were cast into prison I would, of course, be deprived of the outward companionship of my friends, and yet not be deprived of their favor and friendship; so he that is put under the ban must relinquish the sacrament and association with men, but is not on that account cut off from their love, intercession and good works.

      7. It is true that the ban, when it is rightly and deservedly applied, is a sign, an admonition and a chastisement, whereby the one under the ban should recognize that he himself has delivered his soul unto Satan by his transgression and sin, and has deprived himself of the fellowship of all the saints and of Christ. For by the penalty of the ban our mother, the holy Church, would show her dear son the awful consequences of sin and thereby bring him back from the devil to God. When an earthly mother rebukes and chastises her erring son, she does not give him over to the hangman or to the wolves, nor make a knave of him, but she restrains him and shows him by her chastisement that he is in danger of the hangman, and thus keeps him at home in his father's house. In the same way, when the spiritual power puts any one under the ban, it should be in this spirit: "Behold, thou has done this or that, whereby thou hast delivered thy soul unto the devil, deserved God's wrath, and deprived thyself of all Christian fellowship; thou art fallen under the inward spiritual ban in the sight

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