Martin Luther's Ninety-Five Theses on Indulgences, Study notes of Canon Law

Martin luther's 'ninety-five theses' is a seminal document in the history of the protestant reformation. Written in 1517, it challenged the catholic church's sale of indulgences, which were seen as a means for the pope and the church to raise funds. The document argues that only god can grant forgiveness of sins and that the pope has no power to remit penalties beyond those imposed by canon law. It also criticizes the practice of selling indulgences for the dead and emphasizes the importance of penitence and good works.

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“THE NINETY-FIVE THESES
Martin Luther
- 1 -
“The Ninety Five Theses” the common title to his
“Disputation on the Power and Efficacy of Indulgences”
is more widely associated with Luther’s name than
anything else he wrote. Luther posted his theses on the
castle door at Wittenb erg on either October 31 or No-
vember 1, 1 517. The disputation which Lu ther announced
never took place, but his challenge made him an over-
night celebrity.
Indulgences were being sold under the authority of
the pope to rais e mone y for various projec ts. The most
recent spate of sales was being carried out by Archbishop
Albert of Hohenzollern, who ne eded cash to buy himself
the Archbishopric of Mainz: half of the pro ceeds were to
go to Albert, and the other half to Pope Leo X in Rome,
where it would be used to help build St. Peter’s cathedral.
The following translation comes from John Dillen-
berger, ed., Martin Luther: Selections from his Writings
(Doubleday, 1961).
ut of love and concern for the truth, and with the
object of eliciting it, the following heads will be
the subject of a public discussion at Wittenberg
under the presidency of the reverend father, Mar-
tin Luth er, Augustinian, Master of Arts and Sacred The-
ology, and duly appointed Lecturer on these subjects in
that place. He requests that whoever cannot be present
personally to debate the matter orally will do so in ab-
sence in writing.
1. When our Lord and Master, Jesus Christ, said “Re-
pent,”1 He called for the ent ire life of believer s to be
one of penitence.
2. The word cannot be properly understood as referr ing
the sacrament of penance, i.e., confession and satis-
faction, as administered by the clergy.
3. Yet its meaning is not restricted to penitence in one’s
heart; for such penitence is null unless it produces
outwards signs in various mortifications of the flesh.
4. As long as hatred of self abides ( i.e., tru e inward
penitence) the penalty of sin abides, viz., until we en-
ter the kingdom of heaven.
5. The pope has neither the will nor the power to remit
any penalties beyond those imposed either at his own
discretion or by canon law.
6. The pope himself cannot remit guilt, but only declare
1 [This quotation from Matthew 4:17 w as known through-
out Europe in its Latin form: poenitentiam agite. Un-
fortunately, the phrase was capable of two meanings:
“repent” and “do penance”. J.D.]
and confirm that it h as been remitted by God; or, a t
most, he can remit it in cases reserved to his discre-
tion. Except fo r thes e cases, the gu ilt remains un-
touched.
7. God never remits guilt to anyone without, at the same
time, making h im humbly subm issive to the priest,
His representative.
8. The penitential canons apply only to men who are
still alive, and, according to the canons thems elves,
none applies to the dead.
9. Accordingly, the Holy Spirit, acting in the person of
the pope , manif ests grace to us, by the fact that the
papal regulations always cease to apply at death, or in
any hard case.
10. It is a wrongful act, due to ignorance, when priests
retain the canonical penalties on the dead in purga-
tory.
11. When canonical penalties were changed and made to
apply to pu rgatory, surely it would seem that tares
were sown while the bishops were asleep.
12. In former days, the canonical penalties were imposed,
not after, but before abso lution w as pronou nced; and
were intended to be tests of true contrition.
13. Death puts an end to all the claims of the church; even
the dyin g are a lready dead to the canon laws, and are
no longer bound by them.
14. Defective piety or love in a dying p erson is necessar-
ily accompanied by gr eat fear, which is gr eatest
where the piety or love is least.
15. This fear or horror is sufficient in itself, whatever else
might be said, to constitute the pain of purgatory,
since it approaches very closely to the horror of de-
spair.
16. There seems to be the same difference between hell,
purgatory, and heaven as between despair, uncer-
tainty, and assu rance.
17. Of a truth, the pains of souls in purgatory ought to be
abated, and charity ou ght to be proportionately in-
creased.
18. Moreover, it does not seem proved, on any grounds of
reason or Scripture, that these souls are outside the
state of merit, or unable to grow in grace;
19. Nor does it seem proved to be always the case that
they are certain and as sured of salvation, even if we
are very certain of i t ourselves .
20. Therefore the pope, in speaking of the plenary remis-
sion of all penalties, does not mean “all” in th e strict
sense, but only those imposed by himself.
O
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“THE NINETY-FIVE THESES”

Martin Luther

“The Ninety Five Theses” — the common title to his “Disputation on the Power and Efficacy of Indulgences” — is more widely associated with Luther’s name than anything else he wrote. Luther posted his theses on the castle door at Wittenberg on either October 31 or No- vember 1, 1517. The disputation which Luther announced never took place, but his challenge made him an over- night celebrity. Indulgences were being sold under the authority of the pope to raise money for various projects. The most recent spate of sales was being carried out by Archbishop Albert of Hohenzollern, who needed cash to buy himself the Archbishopric of Mainz: half of the proceeds were to go to Albert, and the other half to Pope Leo X in Rome, where it would be used to help build St. Peter’s cathedral. The following translation comes from John Dillen- berger, ed., Martin Luther: Selections from his Writings (Doubleday, 1961). ut of love and concern for the truth, and with the object of eliciting it, the following heads will be the subject of a public discussion at Wittenberg under the presidency of the reverend father, Mar- tin Luther, Augustinian, Master of Arts and Sacred The- ology, and duly appointed Lecturer on these subjects in that place. He requests that whoever cannot be present personally to debate the matter orally will do so in ab- sence in writing.

  1. When our Lord and Master, Jesus Christ, said “Re- pent,”^1 He called for the entire life of believers to be one of penitence.
  2. The word cannot be properly understood as referring the sacrament of penance, i.e., confession and satis- faction, as administered by the clergy.
  3. Yet its meaning is not restricted to penitence in one’s heart; for such penitence is null unless it produces outwards signs in various mortifications of the flesh.
  4. As long as hatred of self abides (i.e., true inward penitence) the penalty of sin abides, viz., until we en- ter the kingdom of heaven.
  5. The pope has neither the will nor the power to remit any penalties beyond those imposed either at his own discretion or by canon law.
  6. The pope himself cannot remit guilt, but only declare (^1) [This quotation from Matthew 4:17 was known through- out Europe in its Latin form: poenitentiam agite. Un- fortunately, the phrase was capable of two meanings: “repent” and “do penance”. — J.D.] and confirm that it has been remitted by God; or, at most, he can remit it in cases reserved to his discre- tion. Except for these cases, the guilt remains un- touched.
  7. God never remits guilt to anyone without, at the same time, making him humbly submissive to the priest, His representative.
  8. The penitential canons apply only to men who are still alive, and, according to the canons themselves, none applies to the dead.
  9. Accordingly, the Holy Spirit, acting in the person of the pope, manifests grace to us, by the fact that the papal regulations always cease to apply at death, or in any hard case.
  10. It is a wrongful act, due to ignorance, when priests retain the canonical penalties on the dead in purga- tory.
  11. When canonical penalties were changed and made to apply to purgatory, surely it would seem that tares were sown while the bishops were asleep.
  12. In former days, the canonical penalties were imposed, not after, but before absolution was pronounced; and were intended to be tests of true contrition.
  13. Death puts an end to all the claims of the church; even the dying are already dead to the canon laws, and are no longer bound by them.
  14. Defective piety or love in a dying person is necessar- ily accompanied by great fear, which is greatest where the piety or love is least.
  15. This fear or horror is sufficient in itself, whatever else might be said, to constitute the pain of purgatory, since it approaches very closely to the horror of de- spair.
  16. There seems to be the same difference between hell, purgatory, and heaven as between despair, uncer- tainty, and assurance.
  17. Of a truth, the pains of souls in purgatory ought to be abated, and charity ought to be proportionately in- creased.
  18. Moreover, it does not seem proved, on any grounds of reason or Scripture, that these souls are outside the state of merit, or unable to grow in grace;
  19. Nor does it seem proved to be always the case that they are certain and assured of salvation, even if we are very certain of it ourselves.
  20. Therefore the pope, in speaking of the plenary remis- sion of all penalties, does not mean “all” in the strict sense, but only those imposed by himself.

O

2 Martin Luther

  1. Hence those who preach indulgences are in error when they say that a man is absolved and saved from every penalty by the pope’s indulgences;
  2. Indeed, he cannot remit to souls in purgatory any pen- alty which canon law declares should be suffered in the present life.
  3. If plenary remission could be granted to anyone at all, it would be only in the cases of the most perfect, i.e., to very few.
  4. It must therefore be the case that the major part of the people are deceived by that indiscriminate and high- sounding promise of relief from penalty.
  5. The same power as the pope exercises in general over purgatory is exercised in particular by every single bishop in his bishopric and priest in his parish.
  6. The pope does excellently when he grants remission to the souls in purgatory on account of intercessions made on their behalf, and not by the power of the keys (which he cannot exercise for them).
  7. There is no divine authority for preaching that the soul flies out of purgatory immediately the money clinks in the bottom of the chest.
  8. It is certainly possible that when the money clinks in the bottom of the chest avarice and greed increase; but when the church offers intercession, all depends on the will of God.
  9. Who knows whether all souls in purgatory wish to be redeemed in view of what is said of St. Severinus and St. Paschal?^2
  10. No one is sure of the reality of his own contrition, much less of receiving plenary forgiveness.
  11. One who in good faith buys indulgences is as rare as a truly penitent man, i.e., very rare indeed.
  12. All those who believe themselves certain of their own salvation by means of letters of indulgence, will be eternally damned, together with their teachers.
  13. We should be most carefully on our guard against those who say that the papal indulgences are an ines- timable divine gift, and that a man is reconciled to God by them.
  14. For the grace conveyed by these indulgences relates simply to the penalties of the sacramental “satisfac- tions” decreed merely by man.
  15. It is not in accordance with Christian doctrine to preach and teach that those who buy off souls, or purchase confessional licenses, have no need to re- pent of their own sins.
  16. Any Christian whatsoever, who is truly repentant, (^2) [St. Severinus was pope from 638-40 (succeeding Hon- orius I]; Paschal I was pope from 817-24. The legend is that they were willing to endure the pains of purgatory for the benefit of the faithful. — J.D.] enjoys plenary remission from penalty and guilt and this is given him without letters of indulgence.
  17. Any true Christian whatsoever, living or dead, partici- pates in all the benefits of Christ and the Church; and this participation is granted to him by God without letters of indulgence.
  18. Yet the pope’s remission and dispensation are in no way to be despised, for, as already said, they pro- claim the divine remission.
  19. It is very difficult, even for the most learned theologi- ans, to extol to the people the great bounty contained in the indulgences, while, at the same time, praising contrition as a virtue.
  20. A truly contrite sinner seeks out, and loves to pay, the penalties of his sins; whereas the very multitude of indulgences dulls men’s consciences, and tends to make them hate the penalties. 41 Papal indulgences should only be preached with cau- tion; lest people gain a wrong understanding, and think that they are preferable to other works: those of love.
  21. Christians should be taught that the pope does not at all intend that the purchase of indulgences should be understood as at all comparable with works of mercy.
  22. Christians should be taught that one who gives to the poor, or lends to the needy, does a better action than if he purchases indulgences;
  23. Because, by works of love, love grows and a man becomes a better man; whereas, by indulgences, he does not become a better man, but only escapes cer- tain penalties.
  24. Christians should be taught that he who sees a needy person, but passes him by although he gives money for indulgences, gains no benefit from the pope’s pardon, but only incurs the wrath of God.
  25. Christians should be taught that, unless they have more than they need, they are bound to retain what is necessary for the upkeep of their home, and should in no way squander it on indulgences.
  26. Christians should be taught that they purchase indul- gences voluntarily, and are not under obligation to do so.
  27. Christians should be taught that, in granting indul- gences, the pope has more need, and more desire, for devout prayer on his own behalf than for ready money.
  28. Christians should be taught that the pope’s indul- gences are useful only if one does not rely on them, but most harmful if one loses the fear of God through them.
  29. Christians should be taught that, if the pope knew the exactions of the indulgence-preachers, he would rather the church of St. Peter were reduced to ashes than be built with the skin, flesh, and bones of his sheep.

4 Martin Luther tions instituted for those purposes, since it is wrong to pray for those souls who are now redeemed?

  1. Again: Surely this is a new sort of compassion, on the part of God and the pope, when an impious man, an enemy of God, is allowed to pay money to redeem a devout soul, a friend of God; while yet that devout and beloved soul is not allowed to be redeemed with- out payment, for love’s sake, and just because of its need of redemption.
  2. Again: Why are the penitential canon laws, which in fact, if not in practice, have long been observed and dead in themselves, — why are they, today, still used in imposing fines in money, through the granting of indulgences, as if all the penitential canons were fully operative?
  3. Again: Since the pope’s income to-day is larger than that of the wealthiest of wealthy men, why does he not build this one church of St. Peter with his own money, rather than with the money of indigent be- lievers?
  4. Again: What does the pope remit or dispense to peo- ple who, by their perfect penitence, have a right to plenary remission or dispensation?
  5. Again: Surely greater good could be done to the church if the pope were to bestow these remissions and dispensations, not once, as now, but a hundred times a day, for the benefit of any believer whatever.
  6. What the pope seeks by indulgences is not money, but rather the salvation of souls; why then does he not suspend the letters and indulgences formerly con- ceded, and still as efficacious as ever?
  7. These questions are serious matters of conscience to the laity. To suppress them by force alone, and not to refute them by giving reasons, is to expose the church and the pope to the ridicule of their enemies, and to make Christian people unhappy.
  8. If, therefore, indulgences were preached in accordance with the spirit and mind of the pope, all these diffi- culties would be easily overcome, and, indeed, cease to exist.
  9. Away, then, with those prophets who say to Christ’s people, “Peace, peace,” where there is no peace.
  10. Hail, hail to all those prophets who say to Christ’s people, “The cross, the cross,” where there is no cross.
  11. Christians should be exhorted to be zealous to follow Christ, their Head, through penalties, deaths, and hells;
  12. And let them thus be more confident of entering heaven through many tribulations rather than through a false assurance of peace.