Luther says at the end of the passage in question: “Of this question more elsewhere.” As a matter of fact, however, he never did treat of it fully and in detail, although it concerned the fundamentals of religion; for this omission he certainly had reasons of his own.
A certain radicalism is perceptible in the work “On the Babylonish Captivity,” even with regard to social matters. Luther lays it down: “I say that no Pope or Bishop or any other man has a right to impose even one syllable upon a Christian man, except with his consent; any other course is pure tyranny.”[84] It is true that ostensibly he is only assailing the tyranny of ecclesiastical laws, yet, even so, he exceeds all reasonable limits.
With regard to marriage, the foundation of society, so unguarded is he, that, besides destroying its sacramental character, he brushes aside the ecclesiastical impediments of marriage as mere man-made inventions, and, speaking of divorce based on these laws, he declares that to him bigamy is preferable.[85] When a marriage is dissolved on account of adultery, he thinks remarriage allowable to the innocent party. He also expresses the fervent wish that the words of St. Paul in 1 Corinthians vii. 15, according to which the Christian man or woman deserted by an infidel spouse is thereby set free from the marriage tie, should also apply to the marriages of Christians where the one party has maliciously deserted the other; in such a case, the offending party is no better than an infidel. Regarding the impediment of impotence on the man’s part, he conceives the idea[86] that the wife might, without any decision of the court, “live secretly with her husband’s brother, or with some other man.”[87] In the later editions of Luther’s works this statement, as well as that concerning bigamy, has been suppressed.
Luther, so he says, is loath to decide anything. But neither are popes or bishops to give decisions! “If, however,” says Luther, “two well-instructed and worthy men were to agree in Christ’s name, and speak according to the spirit of Christ, then I would prefer their judgment before all the Councils, which are now only looked up to on account of the number and outward reputation of the people there assembled, no regard being paid to their learning and holiness.”[88] Apart from other objections, the stipulation concerning the “Spirit of Christ,” here made by the mystic, renders his plan illusory, for who is to determine that the “Spirit of Christ” is present in the judgment of the two “well-instructed men”? Luther seems to assume that this determination is an easy matter. First and foremost, who is to decide whether these men are really well-instructed? There were many whose opinion differed from Luther’s, and who thought that this and such-like demands, made in his tract “On the Babylonish Captivity,” opened the door to a real confusion of Babel.