He frequently insisted very urgently that the nobles and unauthorised laymen were not to seize upon the church buildings, revenues and real property. He was aware of the danger of countenancing private interference, and preferred to see the expropriation carried out by the power of the State and according to law. In this wise he hoped that the property seized might still, to some extent, be employed in accordance with its original purpose, though, as was inevitable, he was greatly disappointed in this hope. It is spiritual property, he repeats frequently, bestowed for a spiritual purpose, and therefore, even after the departure of its former occupant, it must be used for the salvation of souls in accordance with the Evangel. To the Elector Johann, for instance, he writes: The parsonages must be repaired out of the revenues of the monasteries, “because such property cannot profit your Electoral Highness’s Exchequer, for it was dedicated to God’s service and therefore must be devoted primarily to this object. Whatever is left after this, your Electoral Highness may make use of for the needs of the land, or for the poor.”[90]
His demands were, however, very inadequately complied with. If Luther really anticipated their fulfilment, he was certainly very ignorant of the ways of the world. Who was to prevent the Princes from seizing upon the Church lands with greedy hands so soon as they stood vacant, and employing them for their own purposes, or to enrich the nobles? Even where everything was done in an orderly manner, who could prevent ever-impecunious Sovereigns from making use of the revenues for State purposes and from allotting the first place among the “needs of the land” of which we just heard Luther speak, to their own everyday requirements?
Luther’s subsequent experiences drew from him such words as the following: “This robbing of the monasteries”—he wrote to Spalatin, who was still connected with the Court of the new Elector Johann (since 1525), concerning the condition of things in the Saxon Electorate—“is a very serious matter, which worries me greatly. I have set my face against it for a long while past. Not content with this, when the Prince was stopping here I actually forced my way into his chamber, in spite of the resistance I met with, in order to make representations to him privately.” He goes on to complain that there was little hope of redress so long as certain selfish intrigues were being carried on in the vicinity of the sovereign. Indeed, he does not anticipate much help from this Elector Johann, because he lacks his father’s firmness, and is much too ready to listen to anyone. “A Prince must know how to be angry, a King must be something of a tyrant; this the world demands.” As things are, however, we are imposed upon in all sorts of ways for “the sake of the spoils”; “smoke, fumes and fables” are made to serve, and we do not even know who are at work behind the scenes; at any rate they are hostile to the Evangel and were its foes even in the time of the pious Elector. “Now that they have enriched themselves, they laugh and exult over the fact that it is possible in the name of the Evangel to enjoy all sorts of evangelical freedom, and at the same time to be the Evangel’s worst enemy. This is bitter to me, more bitter than gall.” “I shall have to issue a public admonition to the Prince in order to insist upon some other administration of the religious houses; perhaps then I shall be able to shame those fellows.... I hate Satan’s rage, malice and ambushes, everywhere, in all matters, and unceasingly, and it gives me pleasure to thwart him and injure him wherever I can.”[91]
Thus the consequences were more serious than the ex-monk in his ignorance of the ways of the world had anticipated. “Satan,” on whose shoulders he lays the blame, was not to be so easily expelled. The worst acts of violence perpetrated in the name of the Word of God were the result of the lust for wealth which he had unchained.
“How heavily the negligence of our Court presses upon me,” he sighs in the last years of his life. Much is undertaken presumptuously, and then, after a while, we are left stranded in the mire; they do nothing themselves, and we are left to our fate. But I intend to pour my grievous complaints into the ears of Dr. Pontanus and the Prince himself as soon as I get a chance. I have learnt, to my great annoyance, that the nobles are governing in the Prince’s name.[92]
A few days after the letter to Spalatin, quoted above, in another letter to him, he gives vent to his thoughts on the marriage questions arising within the domain of the new faith.
Secularisation of the Matrimonial Courts.
Against the Lawyers.
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. Both sides are in the wrong and numerous examples of the same abound.”[97]