Page:Works of Martin Luther, with introductions and notes, Volume 1.djvu/44

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30
The Ninety-five Theses

ance, and continues until our entrance into the kingdom of heaven.

5. The pope does not intend to remit, and cannot remit any penalties other than those which he has imposed either by his own authority or by that of the Canons.[1]

6. The pope cannot remit any guilt, except by declaring that it has been remitted by God and by assenting to God's remission; though, to be sure, he may grant remission in cases reserved to his judgment. If his right to grant remission in such cases were despised, the guilt would remain entirely unforgiven.

7. God remits guilt to no one whom He does not, at the same time, humble in all things and bring into subjection to His vicar, the priest.

8. The penitential canons are imposed only on the living, and, according to them, nothing should be imposed on the dying.

9. Therefore the Holy Spirit in the pope is kind to us, because in his decrees he always makes exception of the article of death and of necessity.[2]

10. Ignorant and wicked are the doings of those priests who, in the case of the dying, reserve canonical penances for purgatory.

11. This changing of the canonical penalty to the penalty of purgatory is quite evidently one of the tares that were sown[3] while the bishops slept.

12. In former times the canonical penalties were imposed not after, but before absolution, as tests of true contrition.

13. The dying are freed by death from all penalties; they are already dead to canonical rules, and have a right to be released from them.


  1. Decrees of the Church, having the force of law. The canons referred to here and below (Cf. Theses 8, 85) are the so-called penitential Canons. See Introduction, p. 17.
  2. Commenting on this Thesis in the Resolutions, Luther distinguishes between "temporal" and "eternal" necessity. "Necessity knows no law." "Death is the necessity of necessities" (Weimar Ed., I, 549; Erl. Ed. op. var. arg., II, 166).
  3. Matt. 13:25