# Lehre und Wehre_St. Louis Missouri_M rz 1859_S73
# AI translation — CHI Digital Archive (demonstration)

Extracts from Fr. Balduin's Tractatus De casibus conscientiae. 73

that the ban should be applied in our congregations, Luther advises in
many places, namely in the 6th volume of his Jena edition: Of the
Christian Ban, and in the sermons on the ban in the 5th volume of the
German Jena Works.

Just as, however, the ban applies only in the case of a manifest, notorious
sin in which as yet no signs of repentance show themselves, so also the
right of the ban does not belong to every private person, whether he be
in the spiritual or the worldly estate. For not every minister of the Word
may, on his own initiative and without investigation of the matter,
undertake this so severe church discipline, lest it appear as though he
were acting out of hatred and vindictiveness, as sometimes happens, in so
weighty a matter; rather, this right belongs to the whole church, in
which, to be sure, the preaching office has the foremost share, but so
that nothing may occur out of tyranny or private passion, it is necessary
that the consent of the other estates of the church be added — just as
Paul did not put the incestuous man at Corinth under the ban alone, but
says: I have decided, concerning him who has so acted, in the name of
our Lord Jesus Christ, in your assembly, with my spirit and with the
power of our Lord Jesus Christ, to deliver him to Satan for the
destruction of the flesh, 1 Corinthians 5:3-5, and 2 Corinthians 2:6.
This ban he calls a punishment inflicted by many.

This process, then, must be observed in the case of the ban. First,
manifest sins — namely heresy, blasphemy, avarice, drunkenness,
adultery, and the like, which have already been punished by the worldly
authority, yet without amendment of the sinners — are to be rebuked in
preaching in general, as sins on account of which the wrath of God
comes upon mankind; this is a part of the office of rebuke which the
Lord has earnestly commanded to his servants, Isaiah 58:2, Ezekiel 3:33,
Titus 1:55, and it belongs to the binding key which Christ entrusted to
his disciples, John 20:23; and whoever is struck by this key, let him not
despise it as a trifling matter, but know that he has been struck by God,
and therefore do penance, that he may turn away the wrath of God from
himself.

But if someone persists obstinately in his sins and despises all the
admonitions of the preacher, then let the preacher call him to himself
privately, set before him the greatness of his offense, and show him how
greatly he increases it by despising correction; if this accomplishes
nothing, let him report the matter to the superintendent, who, with the
assistance of one or another from the ministerium, shall admonish the
sinner anew to amend his life. If even so he does not do penance, then he
shall for a time, until signs of amendment appear, be kept back from
participation in the Holy Supper, from the office of sponsor, and from
other holy offices, to see whether he will be put to shame and be willing
to do penance. If still nothing is accomplished, then let the
superintendent report to the consistory or to the assembly of the
whole...