Luther’s Loosening of the Marriage Tie.
Luther, advocate and promoter of marriage though he was, himself did much to undermine its foundations, which must necessarily rest on its indissolubility and sanctity as ordained by Christ. In the six following cases which he enumerates he professes to find sufficient grounds for dissolving the marriage tie, overstepping in the most autocratic fashion the limits of what is lawful to the manifest detriment of matrimony.
He declares, first, that if one or other of the married parties should be convicted of obstinately refusing “to render the conjugal due, or to remain with the other,” then “the marriage was annulled”; the husband might then say: “If you are unwilling, some other will consent; if the wife refuse, then let the maid come”; he had the full right to take an Esther and dismiss Vasthi, as King Assuerus had done (Esther ii. 17).[801] To the remonstrances of his wife he would be justified in replying: “Go, you prostitute, go to the devil if you please”;[802] the injured party was at liberty to contract a fresh union, though only with the sanction of the authorities or of the congregation, while the offending party incurred the penalty of the law and might or might not be permitted to marry again.[803]
The words: “If you won’t ... then let the maid come” were destined to become famous. Not Catholics only, but Protestants too, found in them a stone of offence. As they stand they give sufficient ground for scandal. Was it, however, Luther’s intention thereby to sanction relations with the maid outside the marriage bond? In fairness the question must be answered in the negative. Both before and after the critical passage the text speaks merely of the dissolution of the marriage and the contracting of another union; apart from this, as is clear from other passages, Luther never sanctioned sexual commerce outside matrimony. Thus, strictly speaking, according to him, the husband would only have the right to threaten the obstinate wife to put her away and contract a fresh union with the maid. At the same time the allusion to the maid was unfortunate, as it naturally suggested something different from marriage. In all probability it was the writer’s inveterate habit of clothing his thought in the most drastic language at his command that here led him astray. It may be that the sentence “Then let the maid come” belonged to a rude proverb which Luther used without fully adverting to its actual meaning, but it has yet to be proved that such a proverb existed before Luther’s day; at any rate, examples can be quoted of the words having been used subsequently as a proverb, on the strength of his example.[804]—It was on this, the first ground for the dissolution of marriage, that Luther based his decision in 1543, when one of the Professors turned preacher and his wife refused to follow him to his post at Frankfort-on-the-Oder, saying that “she wasn’t going to have a parson.” Luther then wrote: “I should at once leave her and marry another,” should she categorically refuse compliance; in reality the authorities ought to coerce her, but unfortunately no authority “with ‘executio’ existed, having power over the ‘ministerium.’”[805]
Secondly, according to Luther, the adultery of one party justified the other in assuming that the “guilty party was already ipso facto divorced”; “he can then act as though his spouse had died,” i.e. marry again, though Christian considerations intimate that he should wait at least six months.[806]
Thirdly, if one party “will not suffer the other to live in a Christian manner,” then the other, finding a separation from bed and board of no avail, has the right to “make a change,” i.e. to contract another union. “But how,” he asks, “if this new spouse should turn out ill and try to force the other to live like a heathen, or in an unchristian manner, or should even run away; what then, supposing this thing went on three, four or even ten times?” Luther’s answer to the conundrum is the same as before: “We cannot gag St. Paul, and therefore we cannot prevent those who desire to do so from making use of the freedom he allows.” Luther’s conviction was that the well-known passage in 1 Corinthians vii. 15 sanctioned this dangerous doctrine.[807]
Fourthly, if subsequent to the marriage contract one party should prove to be physically unfit for matrimony, then, according to Luther, the marriage might be regarded as dissolved without any ecclesiastical suit solely by “conscience and experience.” He would in that case advise, he says, that the woman, with the consent of the man, should enter into carnal relations with someone else, for instance, with her partner’s brother, for her husband would really be no husband at all, but merely a sort of bachelor life-partner; this marriage might, however, be kept secret and the children be regarded as those of the putative father.[808] Even where it was not a question of impotence but of leprosy Luther decided in much the same way, without a word of reference to any ecclesiastical or legal suit: should the healthy party “be unable or unwilling to provide for the household” without a fresh marriage, and should the sick party “consent willingly to a separation,” then the latter was simply to be looked upon as dead, the other party being free to re-marry.[809]
To these grounds of separation Luther, however, added a fifth. He declared, on the strength of certain, biblical passages, that marriage with the widow of a brother—for which, on showing sufficient grounds, it was possible to obtain a dispensation in the Catholic Church—was invalid under all circumstances, and that therefore any person married on the strength of such a dispensation might conclude a fresh union. At first, in 1531, such was not his opinion, and he declared quite valid the marriage of Henry VIII. with his sister-in-law Catherine of Aragon, which was the outcome of such a dispensation; later on, however, in 1536, on ostensibly biblical grounds he discarded the Catholic view.[810]
His views, not here alone but elsewhere, on matrimonial questions, were founded on an altogether peculiar interpretation of Scripture; he sought in Scripture for the proofs he wished to find, interpreting the Sacred Text in utter disregard of the teaching of its best authorised exponents and the traditions of the Church. The consequences of such arbitrary exegetical study he himself described characteristically enough. Speaking of Carlstadt, who, like him, was disposed to lay great stress on Old-Testament examples and referring to one of his matrimonial decisions which he was not disposed to accept, Luther exclaims: “Let him [Carlstadt] do as he pleases; soon we shall have him introducing circumcision at Orlamünde and making Mosaists of them all.”[811]