Luther, vol. 3 of 6

by Hartmann Grisar

The popular Church, of which it was necessary to make the best, owing to the impracticability of the Church apart, apparently embraced all, yet, within it, according to Luther, the true believers formed an invisible Church, and this in a twofold manner, first, because they were themselves not to be recognised, and, secondly, because the Word and the Sacrament, from which they derived their religious life, concealed a whole treasure of invisible forces.

With such imperfect elements it was, however, impossible to establish a new Church system. A new phase was imminent, towards which everything was gravitating of its own accord; this was the State Church, i.e. the national Church as a State institution, with the sovereign at its head. The various congregational churches formed a visible body frequently impinging on the outward, civil government, and largely dependent on the support of the authorities; hence their gradual evolution into a State Church. The local and national character of the new system paved the way for this development. Luther, whilst at the bottom of his heart anxious to check it—for his ideal was an independent Church—came, under pressure of circumstances, to champion it as the best and only thing. A popular Church or State Church had never been his object, yet he ultimately welcomed the State Church as the best way to meet difficulties; this we shall see more clearly further on. In his efforts to overcome the apathy of the masses he even had recourse to compulsion by the State, inviting the authorities to force resisters to attend Divine Worship.[61]

Luther should have asked himself whether the moral grandeur and strength which, in spite of its favourable appearance, the congregational Church lacked, would be found in the compulsory State Church. This question he should have been able to answer in the negative. It was a radical misfortune that in all the attempts made to infuse life into the branch torn away by Luther from the universal Catholic Church the secular power never failed to interfere. The State had stood sponsor to the new faith on its first appearance and, whether in Luther’s interest or in its own, the State continued to intervene in matters pertaining to the Church. This interweaving of politics with religion failed to insure to the new Church the friendly assistance of the State, but soon brought it into a position of entire subservience—in spite of the protests of the originator of the innovation.

The jurisdiction of the State within the “Church,” in the case of the early Lutheran congregations, did not amount to any actual government of the Church by the sovereign. This, in the appalling form it was to assume, was a result of the later Consistories. What, with Luther’s consent, first passed into the hands of the secular authorities was the jurisdiction in certain external matters which, according to the earlier Canon Law, really belonged to the Bishop’s court. When episcopal authority was abolished the Elector of Saxony assumed this jurisdiction as a sort of bishop faute-de-mieux, or, to use Melanchthon’s expression, as the principal member of the Church (“membrum præcipuum ecclesiæ”).[62] The jurisdiction in question concerned, above all, matrimonial cases which, according to Luther, belonged altogether to the secular courts, matters of tithes, certain offences against ecclesiastical or secular law and points of Church discipline affecting public order. Luther had declared that the Church possessed no power to govern, that the only object for which it existed was to make men pious by means of the Word, that the secular authority was the only one able to make laws and formally to claim obedience “whether it does right or wrong.”[63] Hence the State in assuming jurisdiction in the above matters was doing nobody any injustice, was merely exercising its right, whilst the authority of which it made use was not “ecclesiastical,” but merely the common law exercised for the purpose of preserving “sound doctrine” and the “true Church.”[64]

The next step was the appointment of ecclesiastical superintendents by the sovereign and, either through these or without them, the nomination of pastors by the State, the removal of unqualified teachers, the convening of ecclesiastical synods or “consultations,” the carrying out of Visitations and the drawing up of Church regulations. Here again no objection on the point of principle was raised by Luther, partly because the power of the keys, according to him, included no coercive authority, partly because the idea of the “membrum præcipuum ecclesiæ” was elastic enough to permit of such encroachments on the part of the ruler.[65] In the Protestant Canon Law, compiled by R. Sohm, all the above is described, under appeal to Luther, as coming under the jurisdiction of the State, the Church being “without jurisdiction in the legal sense” and its business being “merely the ministry of the Word.”[66]

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]

The civil government of the Church is also in disagreement with Luther’s conception of the secular power as expressed in some chief passages of his work “Von welltlicher Uberkeytt,” (1523). According to Erich Brandenburg’s concise summary, Luther shows in this work, that “the task of the State and of society is entirely secular; it is not their duty to make men pious. There is no such thing as a Christian State; society and the State were called into being by God on account of the wicked.”[71] Brandenburg also quotes later statements made by Luther concerning the secular authorities, and infers, “that neither the civil government of the Church in the sense accepted at a later date, nor the quasi-episcopate of the sovereign, is really compatible with such views.”[72]