On the other hand another Protestant theologian, H. Hermelink, who supports the opposite view, viz. that Luther was a staunch upholder of the supremacy of the authorities in matters ecclesiastic, adduces plentiful quotations from Luther’s writings in which the latter, even from the early days of his struggle, declares that the authorities have their say in spiritual matters, that it is their duty to provide for uniformity of teaching in each locality and to supervise Christian worship. He admits, however, that Luther set certain “bounds to the ecclesiastical rights of the authorities.”
These statements in favour of the authorities cannot be disallowed. They arose partly from Luther’s efforts to advance his party with the help of the worldly magnates, partly, as will appear immediately, from the material difficulties of the Lutheran congregations, due to the confiscation of Church property by the secular power.
In any case it was unexpectedly that Luther found himself confronted with all the above problems. When their immediate solution became the most urgent task for the new faith, Luther’s principles were still far from presenting any well-defined line of action. “To these, and similar questions,” remarks Wilhelm Maurenbrecher, the Protestant historian of the Reformation, “Luther had given no sufficient answer; it would even seem as though he had not considered them at all carefully.” Among the questions was, according to Maurenbrecher, the fundamental one: “Who is to decide whether this or that person belongs to the congregation?” If the congregation, where does the Church come in? for, “after all, the congregation is not the Church.” The very idea of the Church had still to be determined.
Confiscation of Church Property.
In the Saxon Electorate, the home of the religious innovation, it had become imperatively necessary that the parishes which sided with Luther should be set in order by a strong hand, first, and principally, in the matter of the use to which the Church lands were to be put. In these territories, where the civil government of the Church first obtained, it arose through the robbing and plundering of the churches.
“The parsonages all over the country lie desolate,” Luther wrote to the Elector Johann of Saxony on October 31, 1525, “no one gives anything, or pays anything.... The common people pay no attention to either preacher or parson, so that unless some bold step be taken and the pastors and preachers receive State aid from your Electoral Highness, there will shortly be neither parsonages, nor schools, nor scholars, so that the Word of God and His worship will perish. Your Electoral Highness must therefore continue to devote yourself to God’s service and act as His faithful tool.”
Not long afterwards Luther strongly advises the Elector not only to see to the material condition of the parsonages, but also to examine by means of visitors the fitness of the parsons for their office, “in order that the people may be well served in the Evangel and may contribute to his [the parson’s] support.”
The Order for Visitations (1527), which Luther looked over and which practically had his approval, was intended in the first place to better financially the condition of the parishes. Hand in hand with this, however, went supervision of the preaching by the State and the repression by force of whatever Catholic elements still survived. The Electoral Visitors here and there found the utmost indifference towards the new faith prevailing among the people, whose interests were all material. They finally proposed that the Elector should provide for the support of the parsons and assume the right of appointing and removing all the clergy.
Luther himself had written as early as 1526: “The complaints of the parsons almost everywhere are beyond measure great. The peasants refuse to give anything at all, and there is such ingratitude amongst the people for the Holy Word of God that there can be no doubt a great judgment of God is imminent.... It is the fault of the authorities that the young receive no education and that the land is filled with wild, dissolute folk, so that not only God’s command but our common distress compel us to take some measures.”
“Common distress” was, in point of fact, compelling recourse to the authorities who had confiscated the property of the Church; i.e. the heads of the various parishes or the Electoral Court. The magistrates had laid hands upon the smaller benefices, which, as a matter of fact, were for the most part in their own gift or in that of the families of distinction, whilst in case of dispute the Elector himself had intervened. The best of the plunder naturally went to the Ruler of the land.
Luther addressed the Elector as follows: “Now that an end has been made of the Papal and ecclesiastical tyranny throughout your Highness’s dominions, and now that all the religious houses and endowments have come into the power of your Electoral Highness as the supreme head, this involves the duty and burden of setting this matter in order, since no one else has taken it up, nor has a right to do so.” — Nor was Luther backward in pointing out to the Court, when obliged to complain of the meagre support accorded to the churches, the great service he had done in enriching it: “Has the Prince ever suffered any loss through us?” he asks a person of influence with the Elector in 1520. “Have we not, on the contrary, brought him much gain? Can it be considered an insignificant matter, that not only your souls have been saved by the Evangel, but that also considerable wealth, in the shape of property, has begun to flow into the Prince’s coffers, a source of revenue which is still daily on the increase?”
The appropriation of property by the Elector as Ruler of the land necessarily entailed far-reaching obligations with regard to the churches.
Hence, when, on November 22, 1526, Luther represented to the sovereign the financial distress of the pastors, he also told him, that a just ruler ought to prevail upon his subjects to support the schools, pulpits and parsonages. Johann, in his reply, when agreeing to intervene for the better ordering of the churches, likewise appeals to his rights as sovereign of the country: “Because we judge, and are of opinion, that it beseems us as Ruler to attend to them.”
Luther’s invitation to the Princes to effect by force a reformation of the ecclesiastical order had already thrown wide open the doors to princely aggression.
“The secular power,” Luther had said, “has become a member of the Christian body, and though its work is of the body, yet it belongs to the spiritual estate. Therefore its work shall go forward without let or hindrance amongst all the members of the whole body.” The Christian secular authority shall exercise its office in all freedom, if necessary even against Pope, bishop and priest, for ecclesiastical law is nothing but a fond invention of Roman presumption.
If it was the duty of the rulers to intervene on behalf of the general public needs of Christendom, how much more were they bound to provide for the proper standing and pure doctrine of the pastors. It is they who must assist in bringing about a “real, free Council,” since the Pope, whose duty it was to convene it, neglected to do so; “this no one can do so effectively as the secular powers, particularly now that they have become fellow-Christians, fellow-priests and fellow-clergymen, sharing our power in all things; their office and work, which they have from God over all men, must be allowed free course wherever needful and wholesome.”
Luther was wide-awake to the fact, and reckoned upon it, that the gain to be derived from the rich ecclesiastical property would act as a powerful incentive with those in power to induce them to open their lands to the innovations. What ruler would not be tempted by the prospect of coming so easily into possession of the Church’s wealth, that fabulous patrimony accumulated from the gifts previous ages had made on behalf of the poor, of the service of the altar, of the clergy and the churches? They heard Luther declare that he was going to tear Catholic hearts away from “monasteries and clerical mummery”; they also heard him add: “When they are gone and the churches and convents lie desolate and forsaken, then the rulers of the land may do with them what they please. What care we for wood and stone if once we have captured the hearts?” The taking over of the Church property by the rulers was, according to him, simply the just and natural result of the preach
ing of the Evangel. This was the light in which he wished the very unspiritual procedure of confiscation to be regarded.
He frequently insisted very urgently that the nobles and unauthorised laymen were not to seize upon the church buildings, revenues and real property. He was aware of the danger of countenancing private interference, and preferred to see the expropriation carried out by the power of the State and according to law. In this wise he hoped that the property seized might still, to some extent, be employed in accordance with its original purpose, though, as was inevitable, he was greatly disappointed in this hope. It is spiritual property, he repeats frequently, bestowed for a spiritual purpose, and therefore, even after the departure of its former occupant, it must be used for the salvation of souls in accordance with the Evangel. To the Elector Johann, for instance, he writes: The parsonages must be repaired out of the revenues of the monasteries, “because such property cannot profit your Electoral Highness’s Exchequer, for it was dedicated to God’s service and therefore must be devoted primarily to this object. Whatever is left after this, your Electoral Highness may make use of for the needs of the land, or for the poor.”
His demands were, however, very inadequately complied with. If Luther really anticipated their fulfilment, he was certainly very ignorant of the ways of the world. Who was to prevent the Princes from seizing upon the Church lands with greedy hands so soon as they stood vacant, and employing them for their own purposes, or to enrich the nobles? Even where everything was done in an orderly manner, who could prevent ever-impecunious Sovereigns from making use of the revenues for State purposes and from allotting the first place among the “needs of the land” of which we just heard Luther speak, to their own everyday requirements?
Luther’s subsequent experiences drew from him such words as the following: “This robbing of the monasteries” — he wrote to Spalatin, who was still connected with the Court of the new Elector Johann (since 1525), concerning the condition of things in the Saxon Electorate— “is a very serious matter, which worries me greatly. I have set my face against it for a long while past. Not content with this, when the Prince was stopping here I actually forced my way into his chamber, in spite of the resistance I met with, in order to make representations to him privately.” He goes on to complain that there was little hope of redress so long as certain selfish intrigues were being carried on in the vicinity of the sovereign. Indeed, he does not anticipate much help from this Elector Johann, because he lacks his father’s firmness, and is much too ready to listen to anyone. “A Prince must know how to be angry, a King must be something of a tyrant; this the world demands.” As things are, however, we are imposed upon in all sorts of ways for “the sake of the spoils”; “smoke, fumes and fables” are made to serve, and we do not even know who are at work behind the scenes; at any rate they are hostile to the Evangel and were its foes even in the time of the pious Elector. “Now that they have enriched themselves, they laugh and exult over the fact that it is possible in the name of the Evangel to enjoy all sorts of evangelical freedom, and at the same time to be the Evangel’s worst enemy. This is bitter to me, more bitter than gall.” “I shall have to issue a public admonition to the Prince in order to insist upon some other administration of the religious houses; perhaps then I shall be able to shame those fellows.... I hate Satan’s rage, malice and ambushes, everywhere, in all matters, and unceasingly, and it gives me pleasure to thwart him and injure him wherever I can.”
Thus the consequences were more serious than the ex-monk in his ignorance of the ways of the world had anticipated. “Satan,” on whose shoulders he lays the blame, was not to be so easily expelled. The worst acts of violence perpetrated in the name of the Word of God were the result of the lust for wealth which he had unchained.
“How heavily the negligence of our Court presses upon me,” he sighs in the last years of his life. Much is undertaken presumptuously, and then, after a while, we are left stranded in the mire; they do nothing themselves, and we are left to our fate. But I intend to pour my grievous complaints into the ears of Dr. Pontanus and the Prince himself as soon as I get a chance. I have learnt, to my great annoyance, that the nobles are governing in the Prince’s name.
A few days after the letter to Spalatin, quoted above, in another letter to him, he gives vent to his thoughts on the marriage questions arising within the domain of the new faith.
Secularisation of the Matrimonial Courts. Against the Lawyers.
The secularisation of the marriage courts appears as a very characteristic subject amongst the questions of jurisdiction arising between State and Church, side by side with the secularisation of Church property. The secularising of these courts was the logical consequence of Luther’s secularising of matrimony, which he regarded — to forestall his later statements— “as an outward, secular matter, subject to the authorities, like food and clothing, house and land.” According to the Confession of Augsburg at the very most it was a sacrament only in the same way that the authority of the magistrates appointed by God was a sacrament. The codicil to the Articles of Schmalkalden required, that the “magistrates shall establish special marriage courts,” because Canon Law “contains pitfalls for conscience.”
As the Church had formerly been the sole authority on questions relating to marriage, and as the custom of referring such matters to her was deeply rooted in the life of the German people, Luther at the outset consented to take this into account and to leave the decision to his preachers; the result of this was, however, that he found himself overwhelmed amidst his other labours by a mass of unpleasant and uncongenial work and was accordingly soon moved to throw the whole burden on the State and the secular lawyers, though here again he met with distressing experiences.
He wrote to Spalatin in 1527: “We have been plagued by so many questions concerning marriage, owing to the connivance of the devil, that we have decided to leave this profane business to the profane courts. Formerly I was stupid enough to expect from mankind something more than mere humanity, and to fancy that they could be directed by the Evangel. Now, facts have shown that they despise the Evangel and insist on being compelled by the law and the sword.” He shows himself very much annoyed in this letter at the position taken up by the jurists with their “law” concerning those marriages which took place contrary to the will of the parents. The lawyers of the Wittenberg Faculty agreed with the older Church in recognising the validity of such unions. Luther, on the other hand, ostensibly on biblical grounds, wished them to be held as null, because duty to the public and the respect due to parents required it. In practice, however, he soon became aware how precarious was this position. “The Gospel teaches,” he explains to Spalatin, “that the father must be ready to give his consent when his son asks what is lawful, and that the son must obey his father; on both sides there must be good-will; this holds good with the pious. But when godless parents hear that the Gospel confirms their authority, they become tyrannical [and refuse to consent to their children’s marriage]. The children, on the other hand, learn that, according to the law of Pope and Emperor, they have the necessary permission, and so they abuse this liberty and despise their parents. Both sides are in the wrong and numerous examples of the same abound.”
In the case of such dissensions between parents and children, he says in an instruction to Spalatin which was printed later, the son “must be sent to the profane, i.e. Imperial Courts of Justice, under which we live in the flesh, and thus you will be relieved of the burden.” Preachers, according to him, as “evangelists,” have nothing to do with legal questions, but merely with peaceable matters; “where there is strife and dissension the Kaiser’s tribunal [the secular courts] must decide.... Should the son get no redress from the secular court, then there is nothing for him but to submit to his father’s tyranny.”
Naturally neither Luther nor the parties concerned found much satisfaction in such expedients. The handing over of the marriage questions to the State was to prove a source of endless and increasi
ng trouble and vexation to Luther in the ensuing years, particularly in connection with the “secret” marriages just referred to. Luther even appealed from the then practice of the lawyers to the law of the old Roman Empire, which exaggerated the paternal rights to the extent of making the children’s marriages altogether dependent on the will of the parents. In the letter to Spalatin, printed in the Wittenberg edition of Luther’s German works, we find the following marginal note which expresses Luther’s opinion: “The old Imperial and Christian laws decree and ordain that children shall marry with the knowledge, consent and advice of their parents, and this the natural law also teaches. But the Pope, like the tyrant and Antichrist he is, has determined to be the only judge in questions of marriage and has abolished the obedience due by children to their parents.” The truth is, that Canon Law, whilst strongly urging both sons and daughters to obey and respect their parents, nevertheless recognised as valid a marriage contract when concluded under conditions otherwise lawful, and this because it saw no reason for depriving the contracting parties of the freedom which was theirs by the natural law.
Luther, greatly incensed by the opposition of the lawyers, at length, in a sermon preached in 1544, launched forth the most solemn condemnation possible of the so-called secret unions contracted without the paternal consent. He declared: “I, Dr. Martinus, command in the name of the Lord our God, that no one shall enter into a secret engagement and then, after the event, seek the parents’ ratification ... and, in the name of the Father, Son and Holy Ghost, I condemn to the abyss of hell all those who assist in furthering such devil’s work as secret engagements. Amen.”
In the same way he boasted to the Elector, that the jurists had “wanted to play havoc” with his churches “with their annoying, damnable suits which, however, I have resolved to expel from my churches as damnable and accursed to-day and for all eternity.” The principal motive for his action was the “Divine command” he had received “to preach the observance of the Fourth Commandment in these matters.”
Collected Works of Martin Luther Page 667
