Teaching about marriage in close degrees.
From the Mayer collection at Hamburg in Schütze, vol. II, p. 384 and in De Wette, vol. V, p. 606. With a Latin continuation in Cod. Palat. 689, p. 72. German in Walch, vol. XXI, 1570 (without time determination).
"How? Are there not women enough virgins in your country, that one must be so near
1) "beautiful and evil" == beautiful-evil, that is, evil under a beautiful semblance. In the original: "beautiful and evil".
In the other and even closer degree than the sister's daughter or two sisters one after the other? Yes, Luther has let a note go out that such degrees are appropriate. However, one may not look at other following books, since such has been corrected or, if one wants to say it, revocirt 2).
But it is a mere table, in which nothing is taught or commanded, but it is shown in a modest way, what has been handed down in the old law of these things. Because one thinks that also the mother of Mosi was the relative of his father Amram, 2 Mos. 6, 3) 20., although Lyra argues vehemently against it, not because it would not have been allowed at that time, Lyra does not deal with it, but because it was impossible because of the age. Because one does not have to care about the words of Tamar to her brother Amnon 4) [2 Sam. 13), they also prove nothing. So also M. Philippus has published something similar^) about the degrees, and brings the examples of the fathers Isaac and Jacob and the Margrave Joachim of Brandenburg, who married the daughter of the King of Poland, although he had previously had the sibling of this very daughter, namely the daughter of George, the Duke of Saxony, that is, he married two nieces of this King of Poland, who was the father of this Sigismund. But these examples do not make a law for the peoples, also one does not have to draw a conclusion and rule from it. Nor does M. Philip say this, but it is to be remembered for the comfort of the confessors or consciences. For this purpose also my note against the pope was omitted, who sold the fourth, the third, the second degree to anxious consciences, and as he said, gave laws for money and abolished them again. For from the beginning of our doctrine we have taught quite constantly and always that the civil orders and laws must be kept. For we have taught the civil rights and the
2) So Walch. De Wette: "renovirt". - German in all editions up to this point.
3) In the editions: Exod. 2.
4) Walch: "Des Thomas Worte an Bruder Amnon."
5) Walch: "Parables."-In the following are still more such achievements, but here it is enough.
Letters from the year 1543. No. 3069. 3070.
We have fixed and approved the sword of the authorities with all their orders according to Rom. 13: "Let every man be subject to the authority that has power over him" and 1 Petr. 2, 13: "Obey the king. Then we have also done this from the beginning, that we have forbidden to bring the law of Moses back into the church, and have determined that one must use the laws of our world regime, except where a case of necessity for the consolation of consciences, not as from a law, but as an example from history, compels something to be taken. Why have they not read these writings of ours, in which we have so often stated our opinion? Therefore the laws of the fatherland and the authorities should be kept. Now if a case should arise in which it is necessary to act or counsel against the customary laws, we may now use the law of Moses as an example, and that from the public authority of the authorities, if it should be a public case, which could then comfort itself with such an example; from the desire of an individual such a thing shall not be permitted. Thus our prince, the Duke of Saxony, Elector, permits the fourth degree, the third he forbids. Duke Moritz permits the third degree, which is full on both sides in the same line, but that which is not full in the unequal line, he forbids. We stand by these orders of the authorities because it is not for the ministers of the Word to give laws; this is for the civil authorities, who have to dispose of and judge inheritances and successions that come from marriage. Therefore, marriage must also be regulated by laws. However, if any case would require dispensing, I would not be afraid to secretly advise otherwise in conscience, or, if it were a public case, to advise that he ask for a dispensation from the authorities, which would be taken from some example of the Mosaic law, especially because there would be descendants and an inheritance and the like. On December 10, Anno 1543.
There you have my opinion, my dear Heß 2c.
Martin Luther.
No. 3070.