THE NEW SCHAFF-HERZOG
" judgments " diverge, again, from his own " commandments " (cf. II Cor. viii. 10, S; I Cor. xvi. 1, vii. 17, 19, 6). The essential feature of his " judgments " consists in the fact that they " cast no snare " (I Cor. vii. 35). That is to say, they do not enslave, they do not obhgate all because their acceptance presupposes a gift (charisma) of God (vs. 7). On the basis of I Cor. vii. wo may correctly distinguish between the advisory norm and the absolute force of a commandment; and indeed a similar norm occurs in Matt. xix. 11-12. But the Pauline and Lutheran doctrine as to this " counsel " is by no means itlentical with the Roman doctrine of the " counsels." The true general definition is: the counsels are auxiliary norms toward the discernment of those obligating commands which govern a Christian in his particular situation.
I\AEL Thieme.
Bibliogr.vphy: The works on moral theology, such as (Roman Catholic), T. H. Simar, §§ 17-lS, Freiburg, 1893; and M. T. Gopfert, i., §5, Paderborn, 1897; (Protestant), C. E. Luthardt, Die Ethik Luthers, pp. 72-80, 85-86, Leipsic, 1875; idem, Kompendium der theologischen Ethik, § 46, Leipsic, 1S9S; J. T. Beck, Vorlesungen uher christliche Ethik, ii. 113-143, Gutersloh, 1883; R. Rothe, Theologische Ethik, iii. 856, n. 3, Bremen, 1895; K. Hase, Handbuch der protestantischen Polemik, Leipsic, 1900.
CONSISTORY, CONSISTORIAL ORGANIZATION.
Origin of the German Consistory (§ 1).
The First Consistory, at Wittenberg, 1539 (§ 2).
Other Similar Attempts (§ 3).
The Later German Consistories (§ 4).
Powers of Consistories (§ 5).
Modern Jlodifications (§ 6).
In the Roman Catholic Church consistorium signifies the session of the College of Cardinals under the presidency of the pope, as well as the advisory board which assists the vicar general, the bishop's auxiliary for execution of the jura jurisdictionis . This latter signification affords a point of contact for the term as it is usually employed in the German Evangelical Church, the subject of this discussion. The German use first appears in a memorial addressed to the Elector John Frederick, on May 13, 1537, by a committee of the great diet of the electorate of Saxony, assembled at Torgau. The said memorial had manifestly some con- I. Origin ncction with a resolution, a few weeks of the previously, by the Schmalkald Con- German mention, which had emphasized the Consistory, duty of the territorial powers in cases " where the bishops rule amiss, or are negligent," in the matter of appointing ecclesiastical courts, especially in relation to matrimonial afTairs; but the term " consistories " was not employed at Schmalkald. The memorial was referred to the faculty of theology and law at Wittenberg for an opinion how to put it in execution. This opinion (printed in A L. Richter, Geschichte der evangelischen Kirchenverfassung in Deutschland, Leipsic, 1851, pp. 81-82), drawn up in the main by Jonas, was reported in the course of the year 1538, and it discusses the need of consistories and the powers to be assigned to them.
The execution of the Wittenberg opinion, especially in relation to independent executive authority and excommunication, received consideration, possibly from Luther and Briick, to whom final decision
was reserved, and, at all events, from the elector; and, apparently at Briick's initiative, provision was made for the merely tentative institution of a consistory for the electorate only. This was established at A\'ittenberg at the beginning of Feb., 1539, but with limited competency, for it was only
a matrimonial and disciplinary court; 2. The First it did not consist of a single judge, but. Consistory, according to the plan of the visitation at Witten- committees, of a college of territorial berg, 1539. " commissaries " composed of two
theologians and two lawyers, who were selected from the younger members of the academic college of teachers. Finally it lacked executive power and specific instructions. In the absence of instructions, the consistory in difficult cases was to avail itself of the counsel of Luther " and the other theologians and jurists "; and in the autumn of 1540 it was directed to confer with Brtick, and then " to formulate an orderly procedure as it may be executed, established, and written out by us." The work was done by the close of 1542, and under the title of Constitution und Artikel des geistlichen Consistorii zu Wittenberg it was published by Georg Buchholtzer as early as 1563 (reprint in E. Sehling, Kirchenordnungen, i., Leipsic, 1902, pp. 200 sqq.). Yet even this work remained a mere plan; and so long as Wittenberg belonged to the Ernestine line this consistory did not have the constitution of a formal consistory (cf. Mejer, in ZKR, xiii. 28-123, and in Zum Kirchenrechte des Reformations-J ahrhunderts, Hanover, 1891, pp. 1 sqq.).
Regarding Albertine Saxony, the purpose of Duke Henry at the introduction of the Reformation, of instituting a consistory at Leipsic, did not find realization (cf. E. ^e\Am.g, Kirchenordnungen , i. 94). Duke Maurice duly espoused the same plan, but turned aside to the project of restoring the episcopal organization. The conferences and opinions concerning the questions at issue are of great interest. At Merseburg Prince George of Anhalt took the conduct of things in hand as Evangelical bishop; and a collegiate board or consistory was given to him quite in the Roman manner. At Meissen, where the bishop persisted in the ancient doctrine, the consistory could be maintained only temporarily.
The episcopal period reached its end 3. Other in 1548. The Merseburg consistory Similar was removed to Leipsic in 1550, and Attempts, the consistory of Meissen was later transferred to Dresden (cf. E. Sehling, Kirchengesetzgebung unter Moritz von Sachsen, Leipsic, 1899, pp. 13 sqq.; Kirchenordnungen, i. 96 sqq.). Other bodies akin to the consistories, though the term consistory is not applied to them (cf. O. Mejer, Die Grundlagen des luth£rischcn Kirchen-regiments, Rostock, 1864, pp. 133 sqq.), belonging to the early Reformation period, turn out in every instance, upon closer examination, to be a city council or deputation of the same, reenforced by one or more clerical experts. In the year 1554 a theory of consistorial organization appeared in the book of Erasmus Sarccrius: Von den Mitteln und Wegen, die rechte und wahre Religion, welche tins Golt in dicscn Ivtzlcn und gefdhrlichcn Zciten wiederum geoffenbaret hat, zu befdrdern und zu erhalten.