First, if Jakob L. wants to accept the lost wife again, he may consider that; but if he finally considers not to accept her, as he is not guilty, because the case thus holds, then this would have to be proceeded with as in a proper Christian church court. Namely,
that a citation be posted in Valvis templi (at the church doors) in the name of the pastor, requiring the adulteress for a certain time. Now if she comes or does not come, Jacob shall be seized with credible witnesses that he has not
notorious de Saevitia (for cruelty) or from adultery; item, that the expired woman commits adultery.
If then Jacob, on this credible testimony, desires to be divorced from her, the preachers shall pronounce him free from the reported deceased wife as from an adulteress by virtue of the gospel. As also such was held in the beginning of the church for the punishment of the unrighteousness and to help the innocent part; as Eusebius tells an old history from Justinus, lib. 4, and Jerome says of Fabiola.
But so that this sentence is not prevented and the innocent man is helped, it is also necessary to know beforehand the mind of an honorable councilor, who as a Christian authority is obliged to keep this sentence, not to let the expired woman in again and not to prevent the innocent man's other Christian marriage. Since
Beforehand, it is necessary to talk to a number of persons of understanding, such as Mr. Michael and others. It would also be appropriate for the authorities to appoint some persons from the council for such an interrogation.
This concern of ours is well-founded and Christian, and it would be good if the church courts in all places were appointed in such a way that adultery would be punished seriously and the innocent helped. The pastors are also obliged, as much as they can, to advise the innocent, who seek Christian counsel, according to the Gospel; and we herewith offer to answer for this from the Holy Scriptures and old Christian examples. Nor is it contrary to us, if an honorable council would know of our concern, that you present this our writing to them.
Martinus Luther, Doctor. Philippus Melanchthon.