See St. Louis edition, vol. XVII, 2120.
No. 2258a.
To Johann, Georg and Joachim von Anhalt.
About a marriage case.
First printed in 1830, after the original, in Lindner's "Mittheilungen," II, p. 38 and in the Erlangen edition, vol. 56, p. 205.
1) So put by us instead of: "at the holy fathers and the" etc.
To the noble, high-born princes and lords, Mr. Johanns and Georgen and Joachim, brothers, princes of Anhalt, counts of Ascanien and lords of Bernburg, my gracious lords.
Gratiam and peace in Christ. Sublime, high-born princes, gracious lords! It is true that the marriage matter written to me by E. F. G. came before me a short time ago, and I said that neither divine nor imperial law forbade such a degree, but they should seek it from E. F. G., where they would obtain it there, they would go. For since the emperor has subordinated his law to the papal law, it is up to each authority whether it wants to follow the imperial law or let the imperial law remain under the pope, as the emperor does. Therefore, it is now up to E. F. G. what they want to do or not do in this matter. I like to deal with such matters (although I am antipodean) thus: if the matters have come ad copulam carnis, then I advise that they be punished civilly, the other as a deterrent, and thereafter leave them with each other; but to make a public law out of it, I have not been able nor do I want to subjugate myself, because people become too wild, and through Christian freedom want to do everything they desire. For I have written much about such things for the sake of captive consciences (which God has awakened me to), and not for the sake of wild, crude, carnal, wanton people. If, then, the E. F. G. wishes, and the people are in favor of it, they may let this marriage take place, but that the others do not have to make a right or an example out of it. There may well be people to whom such a thing could be indulged, so it is not to be condemned or indulged at all. It is up to the prudenti magistratui, qui aequitatem spectet, consideratis circumstantiis locorum, personarum, tempus, necessitatem etc.. Hiemit Gott befohlen, Amen. Vigilia Magdalenae [July 21] 1536.
E. F. G. williger Martinus Luther.
Strasbourg. No. 2259 July 21, 1536.