His crusade against the validity of clandestine engagements which he
entered upon in opposition to his friend and co-religionist, Hieronymus
Schurf, his colleague in the faculty of jurisprudence at the University
of Wittenberg, was merely one episode in his resistance to those who
represented legalism as then established.
In another and wider sphere his relations with those lawyers, who
were the advisers at the Court of his Elector and the other Princes,
became more strained. This was as a result of their having a hand in
the ordering of Church business. Here again his action was scarcely
logical, for he himself, forced by circumstances, had handed over to
the State the outward guidance of the Church; that the statesmen would
intervene and settle matters according to their own ideas was but
natural; and if their way of looking at things failed to agree with
Luther’s, this was only what might have been foreseen all along.
In a conference with Melanchthon, Amsdorf and others in Dec., 1538,
he complained bitterly of the lawyers and of the “misery of the
theologians who were attacked on all sides, especially by the mighty.”
To Melchior Kling, a lawyer who was present, he said: “You jurists
have a finger in this and are playing us tricks; I advise you to
cease and come to the assistance of the nobles. If the theologians
fall, that will be the end of the jurists too.” “Do not worry us,” he
repeated, “or you will be paid out.” “Had he ten sons, he would take
mighty good care that not one was brought up to be a lawyer.” “You
jurists stand as much in need of a Luther as the theologians did.”
“The lawyer is a foe of Christ; he extols the righteousness of works.
If there should be one amongst them who knows better, he is a wonder,
is forced to beg his bread and is shunned by all the other men of
law.”[963]
On questions affecting conscience he considered that he alone, as
theologian and leader of the others, had a right to decide; yet
countless cases which came before the courts touched upon matters of
conscience. He exclaims, for instance, in 1531: Must not the lawyers
come to me to learn what is really lawful? “I am the supreme judge of
what is lawful in the domain of conscience.” “If there be a single
lawyer in Germany, nay, in the whole world, who understands what is
‘lawful _de jure_’ and ‘lawful _de facto_’ then I am ... surprised.”
The recorder adds: “When the Doctor swears thus he means it very
seriously.” Luther proceeds: “In fine, if the jurists don’t crave
forgiveness and crawl humbly to the Evangel, I shall give them such a
doing that they will not know how to escape.”[964]
Public-domain text, read in full here on John Shaqi.
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