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[93]—“as an outward, secular matter, subject to the authorities, like food and clothing, house and land.”[94] 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.[95] The codicil to the Articles of Schmalkalden required, that the “magistrates shall establish special marriage courts,” because Canon Law “contains pitfalls for conscience.”[96] 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.