About a marriage case.
Handwritten in Cod. Palat. 689, p. 75 and in Cod. Jen. B 24, fol. 246. Printed in De Wette, vol. V, p. 164 and in the Erlangen edition, vol. 55, p. 218.
G. and F. in Christo. Respectable, highly respected, dear doctor and brother-in-law! I have taken your advice that my dear brother-in-law N. should play the short one, and (so that further unpleasantness may occur) let the verdict be pronounced in Stolpen. For we too (if the full report had come to us, as the closest friendship agrees) would have spoken without doubt in favor of this marriage and not against it, and where it would be necessary, would still do so. It is true that (where it comes before us theologians), the decree XXVII, Quaest. 2: Sufficiat, and the like respect nothing. For we have thrown the Pabst's right under the imperial rights, as they are much better neither the Pabst's fool's decree, which is always: Lamb, come here!
Also if we could defend the Canon of Pope against you jurists, as you interpret the word solus (alone) quasi exclusivam patriae potestutis (as if it excluded the paternal power), which does not suffer the circumstantiae (circumstances), but includirt patriam potestatem (the paternal power), excluding only coitum seu copulam (the cohabitation or the carnal union).
But it is not necessary to defend the pope, and if that is not what we want to do. So in this case the Canon Sufficiat is right and not against us. For he speaks de consensu legitimo [of lawful consent], as Gratianus afterwards, (though unreasonably) rejected by the glossator; not to speak of it now.
Because now in this case the virgin as an orphan has the closest friendship for herself, with us auctoritas parentum [the paternal authority] is got enough, and is not called solus: solius puellae consensus, sed solus, sc. consentiente patria potestate, sine copula tamen [alone: alone of the girl's consent, but alone, namely, with the consent of the paternal authority, but without carnal connection].
You lawyers interpret solus pro solius puellae [only as: only of the girl], but we theologians, where we want to defend the pope against you, interpret it solus, pro sola pactione et desponsatione etiam ante copulam [only, as only by the contract and the engagement, also without carnal connection], as the texts themselves give it. And thus Pope Nicolaus can use lawyers for us against you, unless we do not need it, but ordered civilibus juribus [the secular laws] to judge such. Hereby commanded by God, Amen. On St. Peter's evening papeficati (who is made pope; that is, Peter's chair celebration) (21 Feb.) 1539. Martinus Luther.
No. 2511.
To Friedrich Myconius and Justus Menius.
Luther, as the visitator of the Thuringian district, asks them to settle the disputes that probably relate to antinomianism. Something from Agricola.
Handwritten at Wolfenbüttel in Cod. Gud. From the Schmid collection at Helmstädt in Schütze, Vol. III, p. 94 and in De Wette, Vol. V, p. 165.
To the most esteemed gentlemen, Friedrich Myconius and Justus Menius, the visitators of Thuringia, his extremely dear brothers and friends.
Best brothers in Christ! You see what Satan is up to in Saalfeld. Since the prince is now absent, this is the only remedy, that you two or one of you, since you are called to it by the office which is commanded to you, come and extinguish this spark before it starts a conflagration. The Saalfelders have completely concealed the cause in their letter, but I assume that it is something of the antinomy. I er-
Letters from the year 1539. No. 2511. 2512. 2513.
I know that Aquila was such a zealot for the Ten Commandments (decalogi) that he was called Moses. And, as you know, the capelians or preachers, even the sextons (aeditui) sometimes presume to be masters of the bishops, as Anus was of Athanasius and Alexander. But nothing can be judged about the unknown matter. Some think that Aquila also became a follower of Agricola (Agricolanus), which I do not hope, nor do I believe to be true yet. Therefore, it will be up to you to be vigilant in this matter. Here, M. Eisleben still walks along, having become nothing other than what he has been, just as he has walked along up to now. Neither he addresses me, nor I in turn address him. What counsel God has I do not know; what Satan thinks I see, but I do not give way to him, since Christ lives. Let us pray and watch, lest we fall into temptation. Be at ease in Christ. Sunday Invocavit [23 Feb] 1539.