Works of Martin Luther, with Introductions and Notes (Volume II). Martin Luther
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Third, Although the law of the pope is against it, nevertheless, when the estate of matrimony has been entered against the pope's law, then his law is at an end, and is no longer valid; for the commandment of God, which decrees that no one shall put man and wife asunder [Matt. 19:6], takes precedence of the law of the pope; and the commandments of God must not be broken and neglected for the sake of the pope's commandment, though many mad jurists, in the papal interest, have devised "impediments"269 and have prevented, destroyed and confused the estate of matrimony, until by their means God's commandment has been altogether destroyed. To make a long story short, there are not in the whole "spiritual" law of the pope two lines which could be instructive to a pious Christian, and there are, alas! so many mistaken and dangerous laws that the best thing would be to make a bonfire of it270.
But if you say that this271 would give offence, and the pope must first grant dispensation, I reply that whatever offence is in it, is the fault of the Roman See, which has established such laws without right and against God; before God and the Scriptures it is no offence. Moreover, if the pope can grant dispensations from his avaricious and tyrannical laws for money's sake, then every Christian can grant dispensations from them—for the sake of God and the salvation of souls. For Christ has set us free from all human laws, especially when they are opposed to God and the salvation of souls, as St. Paul teaches in Galatians v [Gal. 5:1] and I Corinthians xi [1 Cor. 9:4 ff.; 10:23].
[Sidenote: Abolition of Reserved Cases in the Monasteries]
15. Nor must I forget the poor convents! The evil spirit, who by human laws now confuses all estates in life, and has made them unbearable, has taken possession of in certain abbots, abbesses and prelates also, and causes them so to govern their brethren and sisters as to send them the more speedily to hell, and make them lead a wretched life even here; for such is the lot of all the devil's martyrs. That is to say, they have reserved to themselves in confession, all, or at least some, of the mortal sins which are secret, so that no brother, on his obedience and on pain of the ban, can absolve another from these sins272. Now we do not always find angels everywhere, but we find also flesh and blood, which suffers all bannings and threatenings rather than confess secret sins to the prelates and the appointed confessors. Thus they go to the sacrament with such consciences that they become "irregular"273 and all sorts of other terrible things. O blind shepherds! O mad prelates! O ravening wolves!
To this I say: If a sin is public or notorious, then it is proper that the prelate alone should punish it, and of these sins only and no others he may make exceptions, and reserve them to himself; over secret sins he has no authority, even though they were the worst sins that are or ever can be found, and if the prelate makes exceptions of these sins, he is a tyrant, for he has no such right and is interfering in the judgment of God.
And so I advise these children, brethren and sisters: If your superiors are unwilling to grant you permission to confess your secret sins to whomever you wish, then take them to whatever brother or sister you will and confess them, receive absolution, and then go and do whatever you wish and ought to do; only believe firmly that you are absolved, and nothing more is needed. And do not allow yourself to be troubled by ban, "irregularity," or any of the other things they threaten; these things are valid only in the case of public or notorious sins which one is unwilling to confess; they do not affect you at all. Why do you try by your threatenings, O blind prelate, to prevent secret sins? Let go what you cannot publicly prove, so that God's judgment and grace may also have its work in your subjects! He did not give them so entirely into your hands as to let them go entirely out of His own! Nay, what you have under your rule is but the smaller part. Let your statutes be statutes, but do not exalt them to heaven, to the judgment-seat of God.
[Sidenote: Abolition of Mortuary Masses]
16. It were also necessary to abolish all anniversary, mortuary and "soul" masses274, or at least to diminish their number, since we plainly see that they have become nothing but a mockery, by which God is deeply angered, and that their only purpose is money-getting, gorging and drunkenness. What kind of pleasure should God have in such a miserable gabbling of wretched vigils and masses, which is neither reading nor praying, and even when prayed275, they are performed not for God's sake and out of willing love, but for money's sake and because they are a bounden duty. Now it is not possible that any work not done out of willing love can please God or obtain anything from Him. And so it is altogether Christian to abolish, or at least diminish, everything which we see growing into an abuse, and which angers rather than reconciles God. It would please me more—nay, it would be more acceptable to God and far better—that a foundation, church or monastery should put all its anniversary masses and vigils together, and on one day, with hearty sincerity, devotion and faith, hold a true vigil and mass for all its benefactors, rather than hold them by the thousand every year, for each benefactor a special mass, without this devotion and faith. O dear Christians! God cares not for much praying, but for true praying! Nay, He condemns the many and long prayers, and says in Matthew vi, they will only earn more punishment thereby [Matt. 67:7; 23:14]. But avarice, which cannot trust God, brings such things to pass, earing that otherwise it must die of hunger!
[Sidenote: Abolition of the Interdict]
17. Certain of the penalties or punishments of the canon law should also be abolished, especially the interdict276, which is, beyond all doubt, an invention of the evil Spirit. Is it not a devil's work to try to atone for one sin with many greater sins? And yet, to put God's Word and worship to silence, or to do away with them, is a greater sin than strangling twenty popes at once, and far greater than killing a priest or keeping back some Church property. This is another of the tender virtues taught in the "spiritual law." For one of the reasons why this law is called "spiritual" is because it comes from the Spirit; not, however, from the Holy Spirit, but from the evil spirit.
The ban277 is to be used in no case except where the Scriptures prescribe its use, i. e., against those who do not hold the true faith, or who live in open sin; it is not to be used for the sake of temporal possessions. But now it is the other way around. Everyone believes and lives as he pleases, most of all those who use the ban to plunder and defame other people, and all the bans are now laid only on account of temporal possessions, or which we have no one to thank but the holy "spiritual lawlessness."278 Of this I have previously said more in the Discourse279.
The other punishments and penalties,—suspension, irregularity, aggravation, reaggravation, deposition, lightnings, thunderings, cursings, damnings and the rest of these devices,—should be buried ten fathoms deep in the earth, so that there should be neither name nor memory of them left on earth. The evil spirit, who has been let loose by the "spiritual law" has brought this terrible plague and misery into the heavenly kingdom of the holy Church, and has accomplished by it nothing else than the destruction and hindrance of souls, so that the word of Christ may well be applied to them280: "Woe unto you scribes! Ye have taken upon you the authority to teach, and ye shut up the kingdom of heaven against men. Ye go not in yourselves, and ye suffer not them that are entering." [Matt. 23:13]
[Sidenote: Abolition of Saints'-Days]
18. All festivals281 should be abolished, and Sunday alone
269
The laws governing marriage were entirely the laws of the Church. The canon law prohibited marriage of blood-relatives as far as the seventh degree of consanguinity. In 1204 the prohibition was restricted to the first our degrees; lawful marriage within these degrees was possible only by dispensation, which was not all too difficult to secure, especially by those who were willing to pay for it (see above, p. 96). The relation of god-parents to god-children was also held to establish a "spiritual consanguinity" which might serve as a bar to lawful marriage. See Benrath, p. 103, note 74, and in the Babylonian Captivity, below, p. 265.
270
This Luther actually did. When he burned the papal bull of excommunication (Dec. 10, 1520) a copy of the canon law was also given to the flames.
271
i. e., The marriage of the clergy.
272
On this sort of reserved cases see Discussion of Confession, Vol. I, pp. 96 ff.
273
"Irregularity" is the condition of any member of a monastic order who has violated the prescriptions of the order and been deprived, in consequence, of the benefits enjoyed by those who live under the
274
The three kinds of masses are really but one thing, viz., masses for the dead, celebrated on certain fixed days in each year, in consideration of the enjoyment of certain incomes, received either out of bequeathed endowments or from the heirs of the supposed beneficiaries.
275
i. e., Even when the mass is decently said.
276
See above, p. 72, note 1.
277
See above, p. 104.
278
279
The
280
i. e., To those who teach and enforce the canon law.
281
Luther means the saint's-days and minor religious holidays. See also the