[Footnote 214: According to STÖLZEL, _Ueber das landesherrl. Ehescheidungsrecht_, 46 ff., _passim_, after the creation of consistories, as well as before, the head of the state--_Landesherr_--retained a right of dispensation as _summus episcopus_; and in Protestant lands his power to grant divorces in certain cases was not entirely superseded by the imperial law of 1875. These points, especially the last, have given rise to a controversial literature: see MEURER, _Das landesh. Ehescheidungsrecht_, 12 ff., who holds that the authority of the _Landesherr_ was superseded by the act of 1875; and compare HUBRICH, _Das Recht der Ehescheidung_, 147 ff.; the works cited by STÖLZEL, _op. cit._, 54 ff.; by MEURER, _op. cit._, 8 ff.; and those in this connection described in Bibliographical Note XI.] A true idea of the position of German Protestantism regarding the divorce problem cannot be obtained merely from an examination of its doctrines or its legislation. These were supplemented in several ways. Their severity regarding the grounds of separation can only be appreciated at its real value by keeping in mind, as already suggested, that the sword of the judge often cut the marriage tie on account of adultery or other crimes; and that some of the reformers, notably Luther, Brenz, and Melanchthon, were inclined in certain cases to tolerate concubinage or even bigamy, in preference to full divorce.[215] But it is especially noteworthy that the judicial decisions in divorce suits, whether consisting in the opinions of the learned or the decrees of the magistrates or consistories, were in general somewhat more liberal and more practical than either the ordinances or the dogmas of the church.[216] [Footnote 215: See the proofs presented by RICHTER, _Beiträge_, 46-50; and chap, ix, p. 390, above.] [Footnote 216: RICHTER, _op. cit._, 43 ff., cites several cases as evidence. On the other hand, the Wittenberg decisions analyzed by MEJER, _Zum Kirchenrechte_, 196 ff.; and those published by SCHLEUSNER, "Zu den Anfängen prot. Eherechts," _ZKG._, XIII, 130 ff., 142 ff., follow mainly the conservative direction. In this connection read the "Antwort auff etliche Fragen und Gegenwurff" in SARCERIUS, _Vom heil. Ehestande_, 204 ff.; or in _idem_, _Corpus juris mat._, 248 ff.]