The introduction of the Consistories in 1539 was a result of the idea
expressed by Justus Jonas in his memorandum, viz. that if the Church
possesses no legal power of coercion for the maintenance of order,
she is fatally doomed to perish. To many the growing corruption made
an imitation of “episcopal jurisdiction in the Catholic style,” such
as Melanchthon desiderated, appear a real need.[67] In the event
the advice of Jonas was followed, jurisdiction being conferred on
the Consistories directly by the ruler of the land. After a little
hesitation Luther gave his sanction to the new institution, seeing
that, though appointed by the sovereign, it was a mere spiritual
tribunal of the Church. The Consistories, more particularly after his
death, though retaining the name of ecclesiastical courts gradually
became a department of the civil judicature, a good expression of the
complete subservience of Church to State.
“The setting up of the civil government of the Church was achieved,”
remarks Sohm, by an arrangement really “in entire opposition to the
ideas of the Reformation.”[68]
“The lack of system in Luther’s mode of thought is perhaps nowhere
so apparent as in his views on the authorities and their demeanour
towards religion.”[69] The want of unity and sequence in his teaching
becomes even more apparent when we listen to the very diverse
opinions of Protestant scholars on the subject. It is no fault of the
historian’s if the picture presented by the statements of Luther and
his commentators shows very blurred outlines.
“The civil government of the Church,” writes Heinrich Böhmer, in
“Luther im Lichte der neueren Forschung”—speaking from his own
standpoint—“in so far as it actually represents a ‘government,’
is utterly at variance with Luther’s own principles in matters of
religion. Neither can it be brought into direct historical connection
with the Reformation.... The so-called congregational principle is
really the only one which agrees with Luther’s religious ideal,
according to which the decision upon all ecclesiastical matters is
to be regarded as the right of each individual congregation.... It
is, however, perfectly true that the attempts to reorganise the
ecclesiastical constitution on the basis of this idea were a complete
failure. Neither at Wittenberg, nor at Allstedt, nor at Orlamünde were
the communities from a moral point of view sufficiently ripe.”[70]
Public-domain text, read in full here on John Shaqi.
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