[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.]
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]