Complete Luther Library

Marriage and Desertion Cases (§ XXVIII)

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Volume 10

Marriage and Desertion Cases (§ XXVIII)

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These sermons are followed by various letters and concerns of Luther concerning all kinds of marriage matters. These are:

f) "Two letters to Michael Stiefel,*) preacher at Bßlingen", in which he informs him of his marriage, that the world is annoyed by it, and asks that one would pray for him. They are written (on June 17 and September 29) 1525 in Latin; in Aurif. ,,Epistolae Lutheri^, tom. II, p. 294 and 300, and were hereupon translated into German and incorporated into Luther's works. They are found in German in the Jenaische Theilen (Thl. Ill, p. 148), Wittenbergische (Thl. IX, p. 227), Altenburgische (Thl. III, p. 141) and Leipzigische (Thl. XIX, p. 369).

[The second letter, which was only incompletely reproduced by Walch, was corrected and completed according to the original Latin. Cf. De W. 3, 9. 31. D. Red.]

g) "Kurzes Bedenken, ob einer seiner armen Freundschaft zu gute schuldig sei, sich des Marhestand zu abstain," which Luther wrote in 1524 and answered the question in the negative. After such was first published in the Eislebische Theilen (Thl. I, p. 196) by the

He was a preacher at Eisleben. Since he was expelled, he stayed here and there and died here in 1567. There are still more letters that Luther wrote to him and in them he shows much respect for him as a learned and pious man.

It was also published in the Altenburgische (Thl. II, p. 864) and Leipzigische (Thl. XXII, p. 433).

[Cf. Erl. ed. 64, 281.]

h) "A Christian writing to Dr. Wolfgang Reißenbusch, that he may enter into matrimony", which Luther sent out to him in Latin on March 27, 1525. In Latin language the same is not only in Aurif. ,,Epist. Luth.", tom. II, p. 274, but also in the VII. thl., p. 505, of the Latin Wittenberg collection of Luther's writings. But one has printed them also in German language and so well especially, under the title: "Eine christliche Schrift an Herrn Wolfgang Reißenbusch, der Rechte Doctor und Präceptor zu Lichtenberg, St. Antonius-Ordens, sich in den ehelichen Stand zu begeben, Martinus Luther", at Wittenberg 1525 in Quart (see von der Hardt's ,Autographa LuthA, tom. I, p. 206), as well as at the same time with other writings of Luther in the different parts of the same, as, in the Jenaischen (Thl. Ill, p. 107), Wittenbergischen (Thl. IX, p. 247), Altenburgischen (Thl. Ill, p. 100) and Leipzigischen (Thl. XIX, p. 367), to which then the present printing comes, with which one has made use of the immediately before mentioned special German edition.

[The original Latin text is no longer available. Translated from German back into Latin, the letter is found in Xuril. H, 274. The German text is taken from De W. II, 637-640, from the Erl. Ausg. 53, 286-290. ed.]

i) "Letter and Christian exhortation to the Cardinal and Elector Albrecht of Mainz to enter into matrimony," and

k) "Two letters to Dr. Johann Rühel, which concern the previous letter", and so that it has this meaning. At the time of the Peasants' War, the Elector Albrecht of Mainz announced that he was inclined to change his status and to marry, whether he only pretended to do so or really did so in order to escape the danger that the peasants, who were especially hostile to the prelates, might pose,

or, following the example of Albrecht of Prussia, if not all, then the arch-castle of Magdeburg to be passed on to his descendants by way of inheritance. Of this Dr. Rühel *) Luther and asked him in a letter of May 21, 1525, to write to the Elector and admonish him that he should marry, but to send him a copy of such a letter, because he wanted to go to Magdeburg and act in this matter. Luther decided to do this without hesitation, wrote the letter on June 2, 1525, sent it on June 5, together with a copy to the aforementioned Dr. Rühel, and enclosed two letters to him himself, because, when he had already written the first one, a reminder arrived from Rühel in the meantime, and therefore Luther also answered this immediately, which are the three letters that I mentioned before. In the one that he sent to the Elector, he tells him that he can escape the present danger, move his subjects to greater love towards him. He could set a good example for others and, above all, save his conscience if he were to marry. Cochläus and Maimburg do not give a true and sincere account of this letter, but tell the story quite falsely, and therefore take occasion to make obviously unfounded accusations against Luther, as Seckendorf does in "Histor. Lutheranismi," lib. II, § 6, p. 20, has clearly shown. Luther did not receive an answer to this letter; however, the Elector further sought to keep him in good graces and, where he did not order it, he nevertheless allowed the letter to be printed. It is also in the collections of Luther's writings. It is found, along with the other two letters to Dr. Rühel, in the Jena (Thl. Ill, p. 147), Wittenberg (Thl. IX, p. 226), Altenburg (Thl. Ill, p. 139), and Leipzig (Thl. Ill, p. 139) editions.

*He was doctor of both rights, councillor to the Elector Albrecht of Mainz and the Count of Mansfeld, was in Augsburg in 1518, when Luther held the discussion with Cardinal Cajetan, and was supposed to observe his best, whereupon he was also sent to Schweinfurt in 1532 to the convention that had been established there. There are still several letters that Luther wrote to him and that Fabricius has displayed in "Centifol. Lutherani," p. 233. He calls him his dear doctor and brother-in-law.

(Thl. XIX, p. 365). The letter to the Elector alone is also found in ,,Consilia theolog. Viteberg.", tom. IV, p. 15.

[Cf. Erl. ed. 53, 308-313. De W. II, 673-677.]

§ XXIX.

The scriptures listed so far are joined by those concerning the sins and vices against the sixth commandment, as:

a) "Ernste Vermahnung und Warnungsschrift an die Studenten zu Wittenberg, sich vor den Speckt-Huren zu beüten" ("Serious admonition and warning to the students of Wittenberg to beware of the bacon whores"), which was made known in Wittenberg as a program when whores crept in there and tried to seduce the studying youth. The year when this writing appeared is given differently, in that it is placed in the Jenaischen (Thl. VIII, p. 117) and Altenburgischen (Thl. VllI, p. 343) parts in the year 1543, but in the Leipzigischen (Thl. XXII, p. 425) in the year 1531.

[While Walch, without giving a reason, dates this letter from 1525, we, with De W. V, 560-562, retain the date adopted by the Jena edition, May 13, 1543, because the writing is said to have been posted on that day. Cf. Erl. Ausg. 56, 61-63. ed.]

b) "Letter to Elector John of Saxony concerning the punishment of an adulterer," the specific circumstances of which are not known; from the letter itself, however, it is clear that Luther thought that because the criminal had already done his penance and had improved, the punishment could now be lifted. Joh. Aurifaber first brought this letter into the Eislebische Theile (Thl. I, p. 393), from which it subsequently came into the Altenburgische (Thl. Ill, p. 650) and Leipzigische (Thl. XXII, p. 436), also now into this new collection.

[We place the writing according to the Leipzig collection with De W., lll, 144, in the year 1526. cf. Erl. Ed. 53, 394.

D. Red.]

c) "Concerns to a parish priest in a marriage case, since one's wife has been kidnapped",

1526, which goes: the woman is to be regarded as an adulteress, and if the man does not want to accept her again, she must leave the country or otherwise be punished with the one who kidnaps her. After Aurifaber had incorporated this concern into the I. Eislebische Theil, p. 273, it was printed from it in the Altenburgische Sammlung (Thl. Ill, p. 581) and from this again in the Leipzigische (Thl. XXII, p. 435).

[Cf. De W. Ill, 143rd ed. 53, 393rd 394th ed.]

§ XXX.

These writings are linked to Luther's letters and concerns about all kinds of marriage and marriage cases, concerning both the establishment and initiation, as well as the conduct of marriage. It is found here

a) "Concerns of a Marriage Engagement to Georg Spalatin." In the "Epistolae Lutheri" published by Johann Aurifaber, this letter or concern is written in Latin, Vol. II, p. 324. However, it is not addressed to Georg Spalatin, but to Johann Heß, who was the first Lutheran preacher at Breslau and to whom Luther wrote several other letters. Meanwhile, the inscription of this prayer in the German copy, as found in the Jena (Thl. III, p. 474), Altenburg (Thl. Ill, p. 806) and Leipzig (Thl. XXIl, p. 436), reads as if it had been sent to Spalatin. Whether an error has occurred here, or whether both are to be united with each other and how this can be done, I am not aware of. The "Bedenken" itself is also found in "Consilia theolog. Viteberg.", tom. IV, p. 24, without touching to whom it was sent. Luther wrote it down in Latin on January 7, 1527.

[This letter concerns the case when a father does not want to give his consent to a marriage to which he has no well-founded reasons to object. Furthermore, Luther answers here the question posed by Spalatin: whether a betrothal concluded with the formula: "I will take you (as wife, as husband)" is invalid? as the papist legal scholars claimed, and thus it is invalid.

because the expression "I will" does not denote the present intention to become engaged. Luther denies this and demonstrates in detail how in German the expression: ich will dich nehmen (I want to take you) does not denote a future but a present intention and a promise that is not made in the future but right now; the Latin expression for this term is therefore not accipiam te but volo te accipere. The translation was improved and supplemented many times after the original. Cf. De W. Ill, 150-152. ed.]

b) "Letter to Stenzel Goldfchmidt, concerning his son's marriage engagement", dated Dec. 20, 1535, which was first communicated from an autograph copy of the Ansbach Archives in the Leipzig Theilen (in the "Supplement", p. 75) and reprinted here from the same.

[In this letter, he makes an urgent request to Stenzel Goldschmidt to give his consent to the engagement that his son had entered into with a blameless girl. Cf. De W. IV, 657, Erl. Ausg. 55, 114. 115. ed.]

c) "To the Members of the Consistory at Wittenberg, Why Their Judgment of Secret Engagement Cannot Be Accepted", where, as in the Leipzig print (Thl. XXII, p. 470), the year 1535 has been noted; in the other collections, however, as in the Jena (Thl. VIII, p. 415) and Altenburg (Thl. VIII, p. 591), such writing has been dated to the year 1546, to which it also seems to belong.

[Luther categorically and energetically declares the decision of the consistory, which declared a secret engagement permissible according to papal law, to be null and void against the word of God, as well as the entire dragging out of the trial procedure of the consistory to be unjust and unchristian. We compare the writing with De W. V, 618 and the Erl. 56, 76-81, to the year 1544.

D. Red.]

d) "Vorstellung an Churfürst Johann Friedrich wider die heimlichen Verlöbnisse" [Presentation to Prince John Frederick against secret engagements], dated January 22, 1544, which is copied from the original, which is in the Weimar Archives, to the Leipzig Collection (in the

"Supplement," p. 104) and reprinted from it here.

[It deals with the same matter as the previous one. Cf. De W. V, 615. Erl. Ed. 56, 72-76. ed.]

e) "Bedenken, ob die Ehe mit des verstorbenen Weibes Schwester zulässig sei?" (Concerns whether marriage to a deceased wife's sister is permissible), which Luther, along with Jonas and Melanchthon, drew up for Leonhard Beyer, pastor at Zwickau, in 1535, after he had reported that one of his deceased wife's sister had slept and wanted to marry her, and demanded instruction about this. It was held in the same that such a marriage was not permitted, since this case concerned the first degree of affinity, and if the two persons came together, they would have a troubled conscience for life and give others a nuisance. Johann Aurifaber brought such concerns into the Eislebische Theile (Thl. II, p. 348) and from these it came into the Altenburgische (Thl. VI, p. 467) and Leipzigische (Thl. XXII, p. 466). *)

*) This concern is especially to be noted, as Luther's opinion about the marriage with the deceased wife's sister, where it actually went and whether he had changed in this, was disputed. This happened during the dispute about this marriage, which in the last century was caused by the marriage of Duke August of Holstein, and subsequently of Prince Albrecht Ernst of Oettingen with the deceased wife's sisters, as can be seen from the disputes that arose in both cases at that time, as, in the first case, from Christoph Joachim Buchholz's "Responsio juris pro

matrimonio principis cum defunctae uxoris sorore contracto", Rinteln 1652, and the "Adsertio responsi Mosis contra matrimonium cum defunctae uxoris sorore", Franks. 1660, and in the case of the other from "Different Dispute Writings, Responsa and Expert Opinions, together with the Acts of a Colloquium held at Oettingen on October 10, 1681, on the question of whether God has forbidden or permitted that one may marry his deceased wife's sister", which was printed at Oettingen without naming the year, and from some other writings more, which Hieronymus Brückner has published in "Deci- siones juris matrimon. controv.", p. 271. Initially, Luther thought that marriage with the deceased wife's sister was permissible, as can be seen from his sermon on conjugal life, printed in 1522 and previously recensed; subsequently, however, he also believed that such marriage was not permissible, which can be seen not only from the objection that is now being discussed, but also from other passages. Read what Dr. Lange has noted in the "Mosaic Light and Law", or rather in a theological objection inserted there, p. 766, of Luther's opinion concerning the divine marriage laws.

[Cf. De W. IV, 584. ed. ed. 55, 81-83.]

f) "Sendbrief an Johann von Schleinitz zu Janshausen", which concerns the question: whether a young man can marry a widow, whose deceased husband has tied the confirmation cloth around him? and was written on June 18, 1523. Luther believes that the presumed spiritual kinship or paternity and godparenthood does not stand in the way of marriage, and because money was demanded for the dispensation in this case at the Roman court, he testifies to his zeal about it and says of the then pope: "The pope is a magister noster of lions; in the same high school such asses are crowned: Master Adrian is also crowned and knows nothing else to this day, except that the commandments of men should be equal to or more like the commandments of God. This letter is also found in Luther's other German writings, such as the Jena (Thl. II, p. 268), Wittenberg (Thl. VI, p. 235), Altenburg (Thl. II, p. 350) and Leipzig (Thl. XXII, p. 427).

[Cf. De W. II, 349. Erl. ed. 53, 174-177.]

g) "Sendbrief an Kloster-Jungfrau von Adel, die sich mit einem Bürgers Sohne betobte", which Luther wrote on December 14, 1523 and meant that the marriage could be consummated. This letter is found in the Eislebische (Thl. I, p. 177), Altenburgische (Thl. II, p. 360) and Leipzigische Theilen (Thl. XXII, p. 428).

[Cf. De W. II, 445. Erl. ed. 53, 229.]

h) "Bedenken und Urtheil, wenn ein Theil nach der Verlobung zurücktreten," which Luther gave to Wolfgang Fues, pastor at Colditz, on November 14, 1526, because a betrothed virgin did not want to have her bridegroom. [In this Luther declares resignation after betrothal to be adultery, according to 1 Cor. 7, 16.] It is also found in the Eislebische (Thl. I, p. 273), Altenburgische (Thl. HI, p. 518) and Leipzigische (Thl. XXII, p. 435) parts.

[Cf. De W. Ill, 134th ed. 53, 385.]

i) "Concern whether a forced marriage is valid", which is found in Luther's Latin letters, edited by Joh. Aurifaber, under the year 1524 (Epistolae, tom. II, p. 222). However, the person to whom it was given is not named. It has been translated from Latin into German and printed in several collections, such as the Eislebische (Thl. I, p. 193), the Altenburgische (Thl. II, p. 849) and Leipzigische (Thl. XXII, p. 432).

[Here Luther considers forced marriages to be invalid, although the part that allows itself to be forced sins grievously before God because it does not confess the violence. - Cf. De W. II, 594. - Since the translation, which Walch brought, was faulty and incomplete, the scripture has been partially retranslated in this revised edition according to the Latin original. D. Red.]

k) A council "that parents neither force nor hinder children to marry, and that children should not become engaged without the will of their parents", which tract appeared for the first time in May 1524 in quarto, especially under the title mentioned. This first edition has been used for the print in this part. It appears in von der Hardt's "Autogr. Luth.", tom. I, p. 178, and in Olearius' Verzeichniß der ,,Auto- graph. Luth.", p. 21. The letter is addressed to Hans Schott, a Franconian nobleman. It was later printed several times individually and added to the collections of Luther's writings, such as the Jenaische (Thl. II, p. 439), the Wittenbergische (Thl. IV, p. 176), the Altenburgische (Thl. II, p. 777) and the Leipzigische (Thl. XXII, p. 429). It was also translated into Latin. Such a translation is found in the Latin Wittenbergische Theilen (Thl. V, p. 127).

[Cf. De W. II, 511. Erl. ed. 53, 236-244.]

I) "Letter to Anton Rudolph, Weinmeister zu Weimar, um Erhaltung seines väterlichen Consenses zu seines Sohnes Heirath", on May 12, 1536. This letter first came into the Eislebische Sammlung (Thl. H, p. 363); but from it into the Altenburgische

(Thl. VI, p. 1045) and from this into the Leipzig one (Thl. XXII, p. 407).

[Cf. De W. IV, 690. ed. 55, 134. 135.]

§ XXXI.

As the scriptures now touched upon deal with marriage vows, so now come those that deal with the entering into of matrimony, and because the marriage ceremony belongs to it, so among them are

a) the "Traubüchlein". It is counted together with the "Taufbüchlein" to the small catechism of Luther. However, it is not an essential part of it and has not always been part of it. For since it belongs to the appendix of the little Catechism, it was only added later, as can be seen from its oldest editions. That Luther himself made it is probably correct; only it will be difficult to determine exactly when it was first added to the Small Catechism and when Luther made and published the Traubüchlein. One tends to place it among the writings of 1546, either alone, as was done in the Altenburg (Thl. VIII, p. 567) and Leipzig (Thl. XXII, p. 248) parts, or at the same time as the small Catechism, which was done in the Jena collection (Thl. VIII, p. 389). However, there are editions of this Catechism available, which were printed before 1546 and in which the Traubüchlein can be found. Among others, there is such an edition under the inscription: "Enchiridion. The small catechism for the common pastors and preachers on's new zugericht. Mart. Luth." Published in 1534 in Erfurt in Sedez. The edition is recensed in the "Fortgesetzten Sammlung von alten und neuen theologischen Sachen" 1732 p. 846 recensirt. Another, printed in octavo at Leipzig in 1545, is listed in Olearius' Verzeichniß der ,,Autograph. Luth.", p. 48. [A third, without year, dates from Zwickau.] Because of this Trau- und Taufbüchlein, a confusion arose among the theologians of our church during the publication of the Concordienbuch. For, since they were not mentioned in the first German edition of the

When the Saxon theologians had omitted Luther's Catechism from the third Concordia Book, which was published in Dresden in 1580, not only did the Helmstadt theologians complain about this and claim that an unauthorized change had been made in the Concordia Book, but the Elector of Brandenburg, Johann Georg, and Duke Wilhelm of Lüneburg also demanded that the Trau- und Taufbüchlein be added to the Concordia Book, and various writings were exchanged about this. The Saxon theologians, on the other hand, argued that the omission of these two books was by no means intended to change Luther's Catechism; rather, this was done because the above-mentioned booklet on marriage and baptism did not concern any doctrines that were actually being discussed, but only certain customs; In the near future, however, not all churches would have such ceremonies as prescribed in such a booklet, and if one wanted to turn them into symbolic writings, one could easily give rise to a disruption and abandonment of the work of Concord. This matter was also settled in such a way that each church was to be left free to either accept or refrain from using the little book of marriage and baptism as it saw fit. The Concordia Book was printed here and there with the addition of the said booklet. One can look up Polycarp Leyser in the "Bericht wider Dr. Hoffmann", p. 5; Leonhard Hutter in "Concordia concorscap. 45, p. 1059, and Cap. 52, p. 1356 and 1372; Joh. Bened. Carpzov in "Isagog. in libros ecclesiar. Lutheran. Symbol.", p. 939 ; Johann Martin Schamel in "Vindiciae cateche- ticae", p. 150; Christ. Reineccius in ,,Concordia germanico-latina, p. 584, and Gregor Langemack in "Histor. catechet.", part. Π, p. 123.

[Cf. Erl. ed. 23, 207-213J

§ XXXII.

Follow the wedding booklet

b) "Four Letters of Invitation", in which Luther primarily asks some of his dear lords and friends to his wedding; sthen however

also refers to the events of that time in the Peasants' Revolt^. The first is written to Dr. Johann Rühel, Joh. Thür and Caspar Müller, Chancellor, the second to Georg Spalatin, the third to Dr. Wenzeslaus Link, and the fourth to Nicolaus von Amsdorf, all in June 1525. They are also found in the other parts of Luther's writings, such as those in Jena (Thl. Ill, p. 158), Wittenberg (Thl. IX, p. 228), Altenburg (Thl. Ill, p. 150) and Leipzig (Thl. XIX, p. 370). The latter three he wrote in Latin, in which language they are found in his "Epistolae" edited by Aurifaber, tom. Π, p. 294. (The translation was corrected and completed according to the original.

[Cf. Erl. ed. 53, 314. 315. de W. Ill, 1. 2. 10. 12.]

After these appears

C) a "marriage certificate", which he gave to Johann Aureus in 1524. Joh. Aurifaber made this marriage certificate known in the Eislebische Theilen (Thl. I, p. 197), whereupon it was also printed in the Altenburgische Sammlung (Thl. II, p. 864) and in the Leipzigische (Thl. XXII, p. 433).

[Cf. Erl. ed. 64, 281. 282.]

The following are the writings that concern all kinds of cases in the conduct of the marriage itself, as:

a) "Consolation for pious, godly women who have been unjustly afflicted with children's needs," which Dr. Johann Bugenhagen at Wittenberg printed in quarto in 1542 and added to his interpretation of the 29th Psalm, along with a treatise on the birth of children and on children who cannot be baptized. See von der Hardt's "Autograph. Luth.", tom. I, p. 425. Thereupon it came into the collections, but with this difference, that in some of them, what Bugenhagen himself had prepared, was printed at the same time, as in the Wittenbergische (Thl. XII, p. 179) and in the Altenburgische Theilen (Thl. VIII, p. 48), in others, however, such was omitted; namely in the Jenaische (Thl. VIII, p. 51) and Leipzigische (Thl. XXII, p. 535) Theilen.

[Cf. Erl. ed. 23, 338-343.]

b) "Reminder to Stephan Rodt, town clerk in Zwickau, on how he should deal with his wife in her unrighteous behavior," in which Luther advised him, among other things, to make proper use of the dominion he has over his wife and to make a distinction between weakness and wickedness. The letter itself was written by him in Latin (Aurif., Epist. Luth., tom. Π, p. 373) and subsequently translated into German. It is found in German collections of Luther's writings, in the Jena (Thl. IV, p. 304), Wittenberg (Thl. IX, p. 271), Altenburg (Thl. IV, p. 414) and Leipzig (Thl. xxn, p. 438), also in "Consilia theol. Vi- teberg.", tom. IV, p. 81.

[But here the original is given in a new translation, since Walch's translation differs substantially from the Latin original. Cf. De W. Ill, 302-305. D. Red.]

c) "Etliche offene Noth-Briefe in Sachen Wolf Hornung's wider sein Eheweib", which Luther wrote to the Elector of Brandenburg, Joachim, to the Bishops of Brandenburg Havelberg and Lebus, to the Knighthood in the Electorate of Brandenburg and to Hornung's wife herself, Catharina, on February 1, 1530. February 1530 and in it with much zeal presented, one would like to let take place in this matter, what would bring right and fairness with itself, and help the man again to his wife, child and property. They are found in the Jena (Thl. V, p. 267), Wittenberg (Thl. IV, p. 439), Altenburg (Thl. V, p. 400) and Leipzig (Thl. XXII, p. 462) parts; but they were also previously printed in quarto at Wittenberg in 1530. See von der Hardt's ,,Autograph. Luth.", tom. I, p. 265.

[Cf. Erl. ed. 54, 123-130. De W. Ill, 542-549.]

d) "Luther's and other theologians' concerns in a desertion marriage matter", which was written in 1535 and signed by Luther, Creutziger, Major and Melanchthon. [The same was corrected and supplemented according to the Eislebian edition]; furthermore

e) "Luther's and Melanchthon's Other Concerns in a Desertion Marriage Matter," 1535, which includes both concerns in the Eislebische Theile

(Thl. II, p. 350) and after this were incorporated into the Altenburgische (Thl. VI, p. 490) and Leipzigische (Thl. XXII, p. 466), and otherwise were printed again. In addition to the now mentioned parts of Luther's writings, both concerns are also found in Georg Dedekennus' ,,Consil.", tom. III, p. 477.

[Cf. Erl. ed. 64, 282-285.]

f) "Luther's Citation to Brosius Heinrich von Dittersdorf in a Marriage Complaint" on April 30, 1531, which is also found in the collections of Luther's writings listed immediately above, namely in the Eislebische (Thl. II, p. 13), Altenburgische (Thl. V, p. 568) and Leipzigische (Thl. XXII, p. 465).

[Cf. Erl. ed. 54, 227. 228. De W. IV, 246.]

g) "Letter to the council and pastor of Domitsch, concerning a divorce", August 18, 1525, in which Luther considered that because the wife of the pastor of the same place had behaved dishonorably against him, as he wrote, he could divorce her and, if his circumstances required it, marry another, although the actual crime of the wife is not indicated. [One finds such in the Eislebische (Thl. I, p. 217), Altenburgische (Thl. II, p. 905) and Leipzigische (Thl. XXII, p. 433) parts.

[Cf. Erl. ed. 53,326. De W. III, 22.]