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 of God and art unwilling to cease or to return. So then, I put thee also outwardly under the ban in the sight of men, and to thy shame I deprive thee of the sacrament and of fellowship with men, until thou come to thyself and bring back thy soul."
8. Let every bishop, provost or official61, who uses the ban for any other purpose, take heed lest he put himself under the everlasting ban from which neither God nor any creature shall deliver him. There are none to whom the ban is more harmful and dangerous than those who apply it, even though it be laid quite justly and only on account of wrongdoing, for the reason that they seldom if ever have this object in view. Besides they go about it without fear and do not consider how perchance they themselves may be more worthy of a hundred bans in the sight of God, as the Gospel records of the servant who owed his Lord ten thousand pounds and yet would not have patience with his fellow servant who owed him a hundred pence. What will become of these miserable taskmasters, who for the sake of money have brought things to such a pass with their bans, often violently and unjustly imposed, that Turks and heathen have an easier life than Christians? It is very evident that many of them are under the ban in the sight of God, and are deprived of the blessing of the sacrament and of inward, spiritual fellowship, although they do nothing day and night but cite others to appear, harass them and put them under the ban, and deprive of the external sacrament those who are a thousandfold better inwardly and in the sight of God and are living in the spiritual fellowship of the sacrament. O miserable business! O terrible existence maintained by this abominable trade! I am not sure whether such publicans and officials were wolves before becoming officials or whether they are on the way to becoming wolves; their work is certainly wolves' work.
9. From this there follows the truth that the ban of itself ruins, condemns or harms no one, but seeks and finds the ruined and condemned soul for the purpose of bringing it back. For all chastisement is for the correction of sin; the ban is simply a chastisement and motherly correction; therefore it makes no one worse or more sinful, but is ordained solely to restore the inward spiritual fellowship when justly laid, or to deepen it when unjustly imposed. This is proved by St. Paul when he says in II Corinthians xiii: This I write to you according to the power which the Lord hath given me, to edification and not to destruction," [2 Cor. 13:10] And thus, when he rebukes him who had taken his step-mother to wife, he says in I Corinthians v: "I together with you deliver him unto the devil for the destruction of the flesh, that the spirit may be saved at the last day." [1 Cor. 5:5] Thus also in the passage quoted above he said: "We should not count him who is under the ban as an enemy, but admonish him as a brother, in order that he may be put to shame and not be lost." [2 Thess. 3:15] Nay, even Christ Himself, as man, had not the power to cut off and deliver a single soul to the devil, as He says in John vi: "Him that cometh to Me I will in no wise cast out, and this is the will of My Father Who sent Me, that I should not destroy or lose what He giveth Me." [John 6:37, 39] Again He says: "The Son of Man is not come to destroy, but to save men's souls." [Luke 9:56] If Christ Himself and all the apostles had no other power than to help souls, and have let behind them no other power in the Church, how dare the blind tyrants presume and boast in their presumption that they have power to curse, to condemn and to destroy, which power is even denied them by their own canon law; for in the Liber Sextus62, which treats of the sentence of excommunication, we read: "Since the ban is a medicine and not a poison, only a discipline, not a destructive uprooting, in so far as the one subjected to it does not despise it: therefore let every spiritual judge give diligence to prove himself one who seeks by the ban naught but to correct and to cure."
10. From the above passage it is evident that the ban, when it is not despised, is wholesome and harmless, and not fatal to the soul, as certain timid and dejected consciences, frightened by the outrageous abuses of some, imagine; although in apostolic times it was able to deliver the body to the devil and to death63, as indeed it might still be, if the judges would wield the ban, not in the abuse of power, but in humble faith and love, for the correction of their neighbor. It follows further that the ban brings greater danger and terror to those who apply it and are not careful to seek only the correction and salvation of those under the ban, according to the words of the above passage64. For the ban can be nothing else than a kind, motherly scourge applied to the body and temporal possessions, by which no one is cast into hell, but rather drawn out of it, and freed from condemnation unto salvation. Therefore we should not only endure it without impatience, but receive it with all joy and reverence. But for the tyrants, who seek therein nothing else than power, awe and gain for themselves, the ban must be a terrible injury, because they pervert it and its purpose, turn the medicine into a poison, and seek only to become a terror to a frightened people; of correction they never think. For this they will have to give an awful reckoning—woe unto them!
11. They have devised a saying, to wit: "Our ban must be feared, right or wrong." With this saying they insolently comfort themselves, swell their chests and puff themselves up like adders, and almost dare to defy heaven and to threaten the whole world; with this bugaboo they have made a deep and mighty impression, imagining that there is more in these words than there really is. Therefore we would explain them more fully and prick this bladder, which with its three peas makes such a rightful noise.
Now, it is true, the ban must be feared and not be despised, whether it be just or unjust. But why apply this only to the ban, which is a motherly chastening, and not to all the other and greater penalties and tribulations as well? For what great thing have you done or the ban by saying it must be feared? Must we not also fear when we are sick, poor, slandered, despised, or deprived of goods, income or justice, nay, when the Turk and other enemies attack or afflict us? For all these and other adversities, whether deserved or undeserved, we should fear, suffer and endure, and in all things conduct ourselves as though we but received our deserts, as the Lord teaches: "O him that taketh away thy goods ask them not again." [Luke 6:30] Why are you not also afraid, dear tyrant, when you suffer injustice, when your income is refused, your property stolen, your rights denied, and why do you not think that you should endure these things in fear, whether they be right or wrong? Do you think that others are commanded to endure your power in ear, whether right or wrong, and that you are free from this commandment and need not endure violence or wrong in fear? You will learn that you also are human and under the same law with which you threaten others, puffing yourself up in your folly.
12. What perversity! The spiritual powers come along with their ban and say it should be eared
See Vol. I, pp. 53, 163 ff.
The officials were officers of the bishops' courts; see also below, p. 103.
In Vito, lib. V, tit. xi, c. I,
According to Luther's interpretation of 1 Cor. 5:5. Cf. also Acts 5:5.
The passage quoted from the canon law.
