Luther writes his verdict on secret betrothals.
Handwritten in Aurifaber, vol. III, p. 422. Printed from the Börnersche Sammlung at Leipzig in Schütze, vol. I, p. 317 and in De Wette, vol. V, p. 675.
To the in Christ highly venerable brother, Mr. Johann Lang, Doctor of Theology, the faithful and exceedingly loud bishop and pastor of the church at Erfurt.
Mercy and peace! About the case you reported to me, my dear Lang, we judge here thus: although the girl would have vowed without the condition of her father's consent simply and unreservedly, her vow would still be invalid and nothing. Thus I have the son of Magister Philippus, who had been seduced into binding himself to a girl by a terrifying oath
We have absolved Duke Ernst of Bramkschweig, 1) who, in addition to swearing oaths, had written the betrothal with his own blood, from our court, because we consider it a kind of kidnapping and theft from God that sons and daughters are turned away from their families by these artifices, secretly torn from their parents and their power; Yes, as much as our jurists are stubborn in the matter of Caspar Beyer 2), the prince has nevertheless confirmed my judgment by public recognition. Therefore, they grumble and rage against me so that they almost burst. In general, we must resist this evil because of the reverence to be observed against the commandments of God, and not admit that the papists can be judges in a matter, be it spiritual or eavesdropping, because they have deposed themselves from the office of governing the church, since they profess and show themselves to be enemies of the Word and the church. And the Antichrist did not have the power to give this law 27, 9, 2: Sufficiat de clandestinis etc.. since it is a law that came from Satan himself, with similar laws, against the fourth commandment, against civil rights and those of nature, and against the examples of the law of Moses. Therefore, there is no right, nor law, nor judgment, nor prestige, nor judge in this matter with the jurists, and with your authorities only the will is required, and with you pastors the rejection against the ravings of Antichrist and his. And you cannot bless such pledges either, if you do not want to make yourselves partakers of other people's sins and confirm the abominations of the pope. So we do, and the prince approves. I wish to finish my book 3) for printing (editum) as soon as possible, which I have under my hands. Fare well in the Lord. On Monday after Peter's chain celebration [Aug. 4] 1544.
D. Martin Luther.
1) Cf. no. 2781, 2788, 2801, 2814.
2) Cf. No. 3085 and 3086.
3) Luther intended to publish a book against the jurists because of the secret betrothals, but gave it up when both the jurists of the consistory and the court court fell in with his opinion. See the letter of Jan. 18, 1545.
Letters from the year 1544. No. 3134 to 3137.
No. 3134.