# Synodical Conference Convention Proceedings_St. Louis Missouri_1878_S43
# AI translation — CHI Digital Archive (demonstration)

— 43 —

application of the doctrine, a casuistic question, which is indeed answered in the affirmative by most orthodox teachers, but is also answered in the negative by equally unsuspected teachers, and therefore requires the most conscientious consideration.

Even in Luther's time the dissolution of such marriages was demanded, as the following opinions of his and his colleagues show.

Judgment of the Consistory at Wittenberg: "Our friendly services beforehand! Honorable, special good friend! We have your scandalous case, forwarded to us, namely that a peasant impregnated his deceased wife's own sister and subsequently, on the direction of the pastor, took her in marriage, and that she is now said to be lying in childbed with the child. Since you now, by order of our most gracious lord, the Elector of Saxony and Burgrave of Magdeburg, have asked to be informed in law, especially regarding the penalty: we report, as the spiritual judges, after having taken counsel with the Reverend Theologians, after consideration of the case, that the marriage in this first degree is not at all admissible nor to be tolerated. Therefore such a marriage contract is declared invalid, and such persons shall be separated from one another, and on account of the unchastity they practiced and as a deterrent to others be taken into custody and kept arbitrarily in prison for some weeks, and the child begotten be supported and nourished by both parents. Since, however, the pastor there, without the counsel and instruction of his lawful authority and spiritual superintendents, let the marriage come about and permitted it in such a forbidden degree, the penalty of the dungeon shall also be imposed on him for eight days. Fair, according to law." (Luther's Works, Halle ed., XXII, 1758 f.)

Opinion of the same Consistory at Wittenberg: "We have received your letter, in which you report that a man has slept with his deceased wife's sister and desires to marry her, if with God's help it might come about and be permitted to them. To this we let you know: that we hold and conclude together that in the case described the marriage is not at all to be permitted. For first, it is true, as you know, that God's commandment is that one should not marry together in the near degrees (gradibus); and that God will punish such unnatural mixing in all the world, the text Leviticus 18 shows clearly.

"Now this case is in the first degree of affinity (in primo gradu affinitatis). For since man and wife are one flesh, the wife's sister is held equal to the husband's sister; therefore the Imperial laws also forbid it in this case, Codice de incestuosis et inutilibus nuptiis. We also consider that if these persons come together, they would all their life have uneasy consciences, on account of the case itself, and in addition because of the scandal; and they will without doubt come to a peaceful conscience much better if they part from one another.

"One must not here cite Jacob's example. For God has