The jurisdiction of the State within the “Church,” in the case of the early Lutheran congregations, did not amount to any actual government of the Church by the sovereign. This, in the appalling form it was to assume, was a result of the later Consistories. What, with Luther’s consent, first passed into the hands of the secular authorities was the jurisdiction in certain external matters which, according to the earlier Canon Law, really belonged to the Bishop’s court. When episcopal authority was abolished the Elector of Saxony assumed this jurisdiction as a sort of bishop _faute-de-mieux_, or, to use Melanchthon’s expression, as the principal member of the Church (“_membrum præcipuum ecclesiæ_”).[62] The jurisdiction in question concerned, above all, matrimonial cases which, according to Luther, belonged altogether to the secular courts, matters of tithes, certain offences against ecclesiastical or secular law and points of Church discipline affecting public order. Luther had declared that the Church possessed no power to govern, that the only object for which it existed was to make men pious by means of the Word, that the secular authority was the only one able to make laws and formally to claim obedience “whether it does right or wrong.”[63] Hence the State in assuming jurisdiction in the above matters was doing nobody any injustice, was merely exercising its right, whilst the authority of which it made use was not “ecclesiastical,” but merely the common law exercised for the purpose of preserving “sound doctrine” and the “true Church.”[64] The next step was the appointment of ecclesiastical superintendents by the sovereign and, either through these or without them, the nomination of pastors by the State, the removal of unqualified teachers, the convening of ecclesiastical synods or “consultations,” the carrying out of Visitations and the drawing up of Church regulations. Here again no objection on the point of principle was raised by Luther, partly because the power of the keys, according to him, included no coercive authority, partly because the idea of the “_membrum præcipuum ecclesiæ_” was elastic enough to permit of such encroachments on the part of the ruler.[65] In the Protestant Canon Law, compiled by R. Sohm, all the above is described, under appeal to Luther, as coming under the jurisdiction of the State, the Church being “without jurisdiction in the legal sense” and its business being “merely the ministry of the Word.”[66]