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]
Public-domain text, read in full here on John Shaqi.
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