12] 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.
13] 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
14] 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.]
15] 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.
16] 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.
17] 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.
18] 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. 19] 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.
20] 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
21] 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.
22] They present, as an objection, the public offenses and commotions which have arisen under pretext of our doctrine. To
23] 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,
24] 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,
25] 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
26] 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.
27] This is what we have 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 Confession from the Scriptures
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