# Synodical Conference Convention Proceedings_St. Louis Missouri_1878_S44
# AI translation — CHI Digital Archive (demonstration)

— 44 —

himself afterward forbidden such a marriage in Moses, and it is also not clearly expressed in Moses that a man may marry his deceased wife's sister. Nor is there any example. And although pretexts for it might be sought from Moses, such marriages are nevertheless forbidden by nature and by the authorities. For that reason they are contrary to the saying (Matthew 19:6): Quos Deus conjunxit etc. [What God has joined together, etc.]

"Besides all this you know that such examples are very scandalous, and that wicked people take occasion from them for incest, as one has, alas, found in several cases that such people have wished to excuse themselves with the previous scandalous example.

"For these reasons we conclude that in the case reported no marriage is to be permitted; and if the people are not content with this our opinion, you may refer them to the court. But as to the people having great pain on account of the sin and shame, and also danger from their kindred, console them with the Gospel and in particular point out that they would have uneasy consciences in the marriage, for reasons mentioned above; and they will be more easily consoled if they separate from one another; the authorities are also obliged to make peace between the kindred.

"This we do not wish to withhold from you in answer to your letter, in a friendly spirit; for to show you friendly goodwill we are quite inclined. Given at Wittenberg, Monday after Anthony's day, in the year 1535.

Justus Jonas, Provost.
Martinus Luther, both Doctors.
Philippus Melanchthon."

(X, 834-37.)

The Consistory at Dresden judged differently. It replied in regard to an already consummated marriage with the daughter of a full sister, under 16 April 1585, as follows: "So we declare once more, as before, that the marriage in such a relationship is forbidden in divine law and for that reason ought rightly to have been left undone by these two persons. But since the marriage has now already been consummated between them and the matter is no longer intact (res integra), we also cannot advise that this marriage should be torn apart again; for the reason that in Holy Scripture it is to be found that, although Moses forbade marriage in near relationship and blood kinship, it is yet not mentioned there that those who had already married together in such degrees (gradibus) should be separated or parted from one another. Besides, there are also examples that among the patriarchs such and similar marriages were tolerated. As regards the punishment by the high authorities, these persons will know how to apply and petition humbly, through distinguished, trusted, respected friends, to the same for most gracious reconciliation, etc. Finally, as concerns their conscience, they must humbly beg pardon of the faithful God for this their undertaking, and it rests besides with them whether they will apply something to charitable causes