Luther, vol. 5 of 6

by Hartmann Grisar

In the Saxon electorate the consistories had been introduced in 1539, not so much at the instance of Luther as of the committee representing the Estates. They were to deal with ecclesiastical affairs and disputes, with complaints against, and grievances of, the clergy, but chiefly with the matrimonial cases. The earlier “Visitors” had lacked executive powers. The consistory established by the Elector at Wittenberg for the whole electorate was composed of two preachers (Jonas and Agricola), and two lawyers. Luther raised many objections, particularly to the consistory’s proposed use of excommunication; he feared that, unless they stuck to his theological views, the consistories would lead to “yet another scrimmage.” Later, however, he gave the new organisation his support. It was not till 1541 that the work of the consistories was more generally extended.[653]

Luther consoled himself and Spalatin as follows for the loss of dignity which they apprehended: “The consistory will deal only with matrimonial cases, with which we no longer will or can have any more to do; also with the bringing back of the peasants to some sort of discipline and the payment of stipends to the preachers.”[654]

For the Wittenberg consistory to relieve him of the matrimonial cases was in many respects just what he desired. He had himself frequently dealt with these cases according to the dictates of his own ever-changing views on marriage, so far as he was allowed by his frequent quarrels with the lawyers who questioned his right to interfere. He now declared: “I am glad that the consistoria have been established, especially on account of the matrimonial cases.”[655] As early as 1536, he had written: “The peasants and rude populace who seek nothing but the freedom of the flesh, and likewise the lawyers, who, whenever possible, oppose our decisions, have wearied me so much that I have flung aside the matrimonial cases and written to some telling them that they may do just as they please in the name of all the devils; let the dead bury their dead; for though I give much advice, I cannot help the people when afterwards they are robbed and teased [by the lawyers]. If the world will have the Pope then let it have him if otherwise it cannot be.”

“So far I have not found one single lawyer,” he continues, speaking of a certain matrimonial question, “who would hold with me against the Pope in this or any similar case.... We theologians know nothing, and are not supposed to count.”[656]

It was in part nausea and wounded vanity, in part also his abhorrence for the ecclesiastical and sacramental side of marriage which caused him repeatedly to declare: “I would we were rid of the matrimonial business”;[657] “marriage and all its circumstances is a political affair” (both statements date from 1538);[658] “leave the matrimonial cases to the secular authorities, for they concern, not the conscience, but the external law of the Princes and magistrates” (1532).[659]

Of the ecclesiastical powers of the sovereign he declared however (1539), “We must make the best of him as bishop, since no other bishop will help us.”[660]

“But if things come to such a pass that the Courts try to rule as they please,” so he wrote at a time when this principle had already begun to bear its bitter fruit, “then the last state will be worse than the first ... in that case let the Lords themselves be our pastors and preachers, let them baptise, visit the sick, give communion and perform all the other offices of the Church! Otherwise let them stop confusing the two callings, attend to their own Courts and leave the Churches to the clergy.... It is Satan who in our day is seeking to introduce into the Church the counsels and the authority of the government officials; we shall, however, resist him and keep the two callings separate.”[661]

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.