A certain radicalism is perceptible in the work “On the Babylonish
Captivity,” even with regard to social matters. Luther lays it down:
“I say that no Pope or Bishop or any other man has a right to impose
even one syllable upon a Christian man, except with his consent; any
other course is pure tyranny.”[84] It is true that ostensibly he is
only assailing the tyranny of ecclesiastical laws, yet, even so, he
exceeds all reasonable limits.
With regard to marriage, the foundation of society, so unguarded is
he, that, besides destroying its sacramental character, he brushes
aside the ecclesiastical impediments of marriage as mere man-made
inventions, and, speaking of divorce based on these laws, he declares
that to him bigamy is preferable.[85] When a marriage is dissolved on
account of adultery, he thinks remarriage allowable to the innocent
party. He also expresses the fervent wish that the words of St. Paul
in 1 Corinthians vii. 15, according to which the Christian man or
woman deserted by an infidel spouse is thereby set free from the
marriage tie, should also apply to the marriages of Christians where
the one party has maliciously deserted the other; in such a case, the
offending party is no better than an infidel. Regarding the impediment
of impotence on the man’s part, he conceives the idea[86] that the
wife might, without any decision of the court, “live secretly with her
husband’s brother, or with some other man.”[87] In the later editions
of Luther’s works this statement, as well as that concerning bigamy,
has been suppressed.
Luther, so he says, is loath to decide anything. But neither are
popes or bishops to give decisions! “If, however,” says Luther, “two
well-instructed and worthy men were to agree in Christ’s name, and
speak according to the spirit of Christ, then I would prefer their
judgment before all the Councils, which are now only looked up to
on account of the number and outward reputation of the people there
assembled, no regard being paid to their learning and holiness.”[88]
Apart from other objections, the stipulation concerning the “Spirit
of Christ,” here made by the mystic, renders his plan illusory, for
who is to determine that the “Spirit of Christ” is present in the
judgment of the two “well-instructed men”? Luther seems to assume that
this determination is an easy matter. First and foremost, who is to
decide whether these men are really well-instructed? There were many
whose opinion differed from Luther’s, and who thought that this and
such-like demands, made in his tract “On the Babylonish Captivity,”
opened the door to a real confusion of Babel.
Public-domain text, read in full here on John Shaqi.
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