19. The unjust ban then is much more to be desired than either the just ban or the external fellowship. It is a very precious merit in the sight of God, and blessed is he who dies under an unjust ban. God will grant him an eternal crown for the truth's sake, on account of which he is under the ban. Then let him sing in the words of Psalm cix, "They have cursed me, but Thou hast blessed me." [Ps. 109:28] Only let us beware of despising the authorities, and humbly declare our innocence; if this does not avail, then we are free and without guilt in the sight of God. For if we are in duty bound by the commandment of Christ to agree with our adversary [Matt. 5:25]; how much more should we agree with the authority of the Christian Church, be it exercised justly or unjustly, by worthy or unworthy rulers.
An obedient child, though it does not deserve the punishment it receives from its mother, suffers no harm from the unjust chastisement, nay, by its very patience it becomes much dearer and more pleasing to the mother; how much more do we become lovable in God's sight, if at the hands of evil rulers we endure the unmerited punishment of the Church, as our spiritual mother. For the Church remains our mother because Christ remains Christ, and she is not changed into a step-mother simply because of our evil rulers. Nevertheless, the prelates and bishops and their officials should be temperate and not hastily use the ban, for many bans means nothing else than many laws and commandments, and prescribing many laws is to set many snares for poor souls. And so by numerous ill-advised bans nothing more results than great offence and an occasion or sin, by which the wrath of God is provoked, although the ban was ordained to reconcile Him. And although we are truly bound to obey them, still more are they bound to direct, change and regulate their decree and authority according to our ability and need and for our correction and salvation; for we have shown from St. Paul[23] that power is given not for destruction but for edification [2 Cor. 13:10].
20. The ban should be applied not only to heretics and schismatics, but to all who are guilty of open sin, as we have shown above from St. Paul, who commands that the railer, extortioner, fornicator and drunkard be put under the ban [1 Cor. 5:11]. But in our day such sinners are let in peace, especially if they are bigwigs; and to the disgrace of this noble form of authority, the ban is used only for the collection of debts of money, often so insignificant that the costs amount to more than the original debt. In order to gloss this over they have hit upon a new device, saying they put under the ban not because of debt but because of disobedience, because the summons was not respected; were it not for debt, however, they would forget the disobedience, as we see when many other sins, even their own, escape the ban. A poor man must often be disobedient if he is cited to go so many miles, lose time and money and neglect his trade. It is utter tyranny to summon a man to come such a distance across country to court.
And I commend the temporal princes[24] who will not permit the ban and the abuses connected with it in their lands and among their people. What are princes and counsellors for if they do not concern themselves with and judge such temporal matters as debts, each in their city and province and among their subjects? The spiritual powers should be concerned with the Word of God, with sin, and with the devil, in order to bring souls to God, and should relinquish temporal cases to the temporal judges, as Paul writes[25][1 Cor. 6:1]. Indeed, as things are now, it is almost necessary to use the ban in order to drive the people into the Church and not out of it.
21. Whether one be justly or unjustly under the ban, no one may exclude him from the Church until the Gospel has been read or the sermon preached[26]. For from the hearing of the Gospel and the sermon no one shall or can exclude or be excluded. The hearing of the Word of God should remain free to every one[27]. Nay, those who are under a just ban ought most of all to hear it, that they may perchance be moved by it to acknowledge their sin and to reform. We read that it was the ancient practice of the Church to dismiss those under the ban after the sermon, and if a whole congregation were under the ban the sermon must be allowed to proceed just as though there were no ban. In addition, even though he who is under the ban may not remain for the mass after the sermon, nor come to the sacrament[28], nevertheless he should not neglect it, but spiritually come to the sacrament, that is, he should heartily desire it and believe that he can spiritually receive it, as was said in the treatise on the sacrament[29].
FOOTNOTES
[1] In the preceding treatise on the Blessed Sacrament.
[2] See above, p. 10.
[3] See above, p. 18.
[4] I. e., the necessaries of life.