Both sides are in the wrong and numerous examples of the same
abound.”[97]
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.”[98]
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 increasing
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.”[99] 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.”[100]
Public-domain text, read in full here on John Shaqi.
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