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Part 36

Article XXVIII (XIV): Of Ecclesiastical Power.

Here the adversaries cry out violently concerning the privileges and immunities of the ecclesiastical estate, and they add the peroration: All things are vain which are presented in the present article against the immunity of the churches and priests. This is mere calumny; for in this article we have disputed concerning other things. Besides, we have frequently testified that we do not find fault with political ordinances, and the gifts and privileges granted by princes.

But would that the adversaries would hear, on the other hand, the complaints of the churches and of godly minds! The adversaries courageously guard their own dignities and wealth; meanwhile, they neglect the condition of the churches; they do not care that the churches are rightly taught, and that the Sacraments are duly administered. To the priesthood they admit all kinds of persons indiscriminately. [They ordain rude asses; thus the Christian doctrine perished, because the Church was not supplied with efficient preachers.] Afterwards they impose intolerable burdens, as though they were delighted with the destruction of their fellowmen, they demand that their traditions be observed far more accurately than the Gospel. Now, in the most important and difficult controversies, concerning which the people urgently desire to be taught, in order that they may have something certain which they may follow, they do not release the minds which are most severely tortured with doubt, they only call to arms. Besides, in manifest matters [against manifest truth] they present decrees written in blood, which threaten horrible punishments to men unless they act clearly contrary to God's command. Here, on the other hand, you ought to see the tears of the poor, and hear the pitiable complaints of many good men, which God undoubtedly considers and regards, to whom one day you will render an account of your stewardship.

But although in the Confession we have in this article embraced various topics, the adversaries make no reply [act in true popish fashion], except that the bishops have the power of rule and coercive correction, in order to direct their subjects to the goal of eternal blessedness; and that the power of ruling requires the power to judge, to define, to distinguish and fix those things which are serviceable or conduce to the aforementioned end. These are the words of the Confutation, in which the adversaries teach us [but do not prove] that the bishops have the authority to frame laws [without the authority of the Gospel] useful for obtaining eternal life. The controversy is concerning this article.

[Regarding this matter we submit the following:] But we must retain in the Church this doctrine, namely, that we receive the remission of sins freely for Christ's sake, by faith. We must also retain this doctrine, namely, that human traditions are useless services, and therefore neither sin nor righteousness should be placed in meat drink, clothing and like things, the use of which Christ wished to be left free, since He says, Matt. 15, 11: Not that which goeth into the mouth defileth the man; and Paul, Rom. 14, 17: The kingdom of God is not meat and drink. Therefore the bishops have no right to frame traditions in addition to the Gospel, that they may merit the remission of sins, that they may be services which God is to approve as righteousness and which burden consciences, as though it were a sin to omit them. All this is taught by that one passage in Acts, 15, 9ff., where the apostles say [Peter says] that hearts are purified by faith. And then they prohibit the imposing of a yoke, and show how great a danger this is, and enlarge upon the sin of those who burden the Church. Why tempt ye God they say. By this thunderbolt our adversaries are in no way terrified, who defend by violence traditions and godless opinions.

For above they have also condemned Article XV, in which we have stated that traditions do not merit the remission of sins, and they here say that traditions conduce to eternal life. Do they merit the remission of sins? Are they services which God approves as righteousness? Do they quicken hearts! Paul to the Colossians, 2, 20ff., says that traditions do not profit with respect to eternal righteousness and eternal life; for the reason that food, drink, clothing and the like are things that perish with the using. But eternal life [which begins in this life inwardly by faith] is wrought in the heart by eternal things, i.e., by the Word of God and the Holy Ghost. Therefore let the adversaries explain how traditions conduce to eternal life.

Since, however, the Gospel clearly testifies that traditions ought not to be imposed upon the Church in order to merit the remission of sins; in order to be services which God shall approve as righteousness; in order to burden consciences, so that to omit them is to be accounted a sin, the adversaries will never be able to show that the bishops have the power to institute such services.

Besides, we have declared in the Confession what power the Gospel ascribes to bishops. Those who are now bishops do not perform the duties of bishops according to the Gospel although, indeed, they may be bishops according to canonical polity, which we do not censure. But we are speaking of a bishop according to the Gospel. And we are pleased with the ancient division of power into power of the order and power of jurisdiction [that is the administration of the Sacraments and the exercise of spiritual jurisdiction]. Therefore the bishop has the power of the order, i.e., the ministry of the Word and Sacraments; he has also the power of jurisdiction, i.e., the authority to excommunicate those guilty of open crimes, and again to absolve them if they are converted and seek absolution. But their power is not to be tyrannical, i.e., without a fixed law; nor regal, i.e., above law; but they have a fixed command and a fixed Word of God, according to which they ought to teach and according to which they ought to exercise their jurisdiction. Therefore, even though they should have some jurisdiction, it does not follow that they are able to institute new services. For services pertain in no way to jurisdiction. And they have the Word, they have the command, how far they ought to exercise jurisdiction, namely, if any one would do anything contrary to that Word which they have received from Christ. [For the Gospel does not set up a rule independently of the Gospel; that is quite clear and certain.]

Although in the Confession we also have added how far it is lawful for them to frame traditions, namely, not as necessary services, but so that there may be order in the Church, for the sake of tranquillity. And these traditions ought not to cast snares upon consciences, as though to enjoin necessary services; as Paul teaches when he says, Gal. 5, 1: Stand fast, therefore, in the liberty wherewith Christ hath made us free, and be not entangled again with the yoke of bondage. The use of such ordinances ought therefore to be left free, provided that offenses be avoided, and that they be not judged to be necessary services; just as the apostles themselves ordained [for the sake of good discipline] very many things which have been changed with time. Neither did they hand them down in such a way that it would not be permitted to change them. For they did not dissent from their own writings, in which they greatly labor lest the Church be burdened with the opinion that human rites are necessary services.

This is the simple mode of interpreting traditions, namely, that we understand them not as necessary services, and nevertheless, for the sake of avoiding offenses, we should observe them in the proper place. And thus many learned and great men in the Church have held. Nor do we see what can be said against this. For it is certain that the expression Luke 10, 16: He that heareth you heareth Me, does not speak of traditions, but is chiefly directed against traditions. For it is not a mandatum cum libera ( a bestowal of unlimited authority), as they call it, but it is a cautio de rato (a caution concerning something prescribed), namely, concerning the special command [not a free, unlimited order and power, but a limited order, namely, not to preach their own word, but God's Word and the Gospel], i.e., the testimony given to the apostles that we believe them with respect to the word of another, not their own. For Christ wishes to assure us, as was necessary, that we should know that the Word delivered by men is efficacious, and that no other word from heaven ought to be sought. He that heareth you heareth Me, cannot be understood of traditions. For Christ requires that they teach in such a way that [by their mouth] He Himself be heard, because He says: He heareth Me. Therefore He wishes His own voice, His own Word, to be heard, not human traditions. Thus a saying which is most especially in our favor, and contains the most important consolation and doctrine, these stupid men pervert to the most trifling matters, the distinctions of food, vestments, and the like.

They quote also Heb. 13, 17: Obey them that have the rule over you. This passage requires obedience to the Gospel. For it does not establish a dominion for the bishops apart from the Gospel. Neither should the bishops frame traditions contrary to the Gospel, or interpret their traditions contrary to the Gospel. And when they do this, obedience is prohibited, according to Gal. 1, 9: If any man preach any other gospel, let him be accursed.

We make the same reply to Matt. 23, 3: Whatsoever they bid you observe, that observe, because evidently a universal command is not given that we should receive all things [even contrary to God's command and Word], since Scripture elsewhere, Acts 5, 29, bids us obey God rather than men. When, therefore they teach wicked things, they are not to be heard. But these are wicked things, namely, that human traditions are services of God that they are necessary services, that they merit the remission of sins and eternal life.

They present, as an objection, the public offenses and commotions which have arisen under pretext of our doctrine. To these we briefly reply. If all the scandals be brought together, still the one article concerning the remission of sins, that for Christ's sake through faith we freely obtain the remission of sins, brings so much good as to hide all evils. And this, in the beginning, gained for Luther not only our favor, but also, that of many who are now contending against us. "For former favor ceases, and mortals are forgetful," says Pindar. Nevertheless, we neither desire to desert truth that is necessary to the Church, nor can we assent to the adversaries in condemning it. For we ought to obey God rather than men. Those who in the beginning condemned manifest truth, and are now persecuting it with the greatest cruelty, will give an account for the schism that has been occasioned. Then, too, are there no scandals among the adversaries? How much evil is there in the sacrilegious profanation of the Mass applied to gain! How great disgrace in celibacy! But let us omit a comparison. This is what we hare replied to the Confutation for the time being. Now we leave it to the judgment of all the godly whether the adversaries are right in boasting that they have actually refuted our Concession from the Scriptures.

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