Yet the “two callings,” the secular and the ecclesiastical, were to
become more and more closely intermingled. As was inevitable, the weak
spiritual authority set up by Luther was soon absorbed by a strong
secular authority well aware of its own aims; the secular power treated
the former as its sacristan charged with carrying out the services of
the Church, and gradually assumed exclusive control, even in matters of
doctrine. A moral servitude such as had never been seen at any period
in the history of the German Church was the consequence of the State
government of the Church, brought about by the consistories.
In order to understand Luther’s attitude towards the consistories and
to gauge rightly his responsibility, some further particulars of their
rise and earliest form are called for.
In 1537 the “Great Committee of the Torgau district” demanded, that
the Elector should establish four consistories in his lands. On
these would devolve the looking after of “all _ecclesiasticæ causæ_,
the preaching office, the churches and ministers, their vindication
_contra injurias_, all that concerned their conduct and life, and
particularly the matrimonial suits.” Some such court was essential
in the case of these suits, because, since the dissolution of the
bishops’ courts, the utmost disorders had prevailed and nobody even
knew by which code the questions pending were to be judged, whether by
the old canon law with which the lawyers were familiar, or according
to the doctrine and statutes of Luther which were quite a different
thing. The disciplinary system too had become so lax that some
revision of the Church judiciary appeared inevitable.
As for the principles which were to direct the new organisation:
Luther was inclined at times to be forgetful of his theory, that his
Churches should have no canon law of their own;[662] even at this
grave crisis he does not seem to have been distinctly conscious of
it; at the same time his jealousy made him unwilling to see all the
authority for governing the new Churches conferred directly by the
State, though, with his usual frankness, he admitted it was impossible
for things to continue as they were. The most influential men of his
circle were, however, determined to have so-called ecclesiastical
courts introduced by the sovereign, which should then govern in his
name; hitherto, they urged, it was the purely secular courts which
had intervened, which was a mistake, as had been shown in practice by
their failure. Thus, as R. Sohm put it, “did Melanchthon’s ideas, from
about 1537, gradually oust those of Luther in the government of the
Lutheran Church.”[663]
It was from this standpoint that, in his Memorandum of 1538 addressed
to the Elector, Jonas, the lawyer and theologian, supported the
above-mentioned proposal of the Torgau assembly.
Public-domain text, read in full here on John Shaqi.
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