[138] The _Summa angelica_ of Angelus de Clavassio of Genoa (died about 1495), published 1486, one of the favorite handbooks of casuistry, in which all possible cases of conscience were treated in alphabetical order. Cf. _Zeitschrit für Kirchengesch._, XXVII, 296 ff. The _Summa angelica_ was among the papal books burned by Luther, together with the bull, December 10, 1520. Cf. Smith, _Luther's Correspondence_, I, no. 355.
[139] For a full discussion of the hindrances see article Eherecht, by Sehung, in _Prot. Realencyklopädie_, V.
[140] On this whole paragraph compare Vol. I, p. 294.
[141] It is to be borne in mind that all that follows is in the nature of advice to confessors in dealing with difficult cases of conscience, and is parallel to the closing paragraphs of the section on The Sacrament of the Bread.
[142] Namely, by officiating at the marriage ceremony.
[143] Namely, by betrothal (_sponsalia de praesenti_).
[144] Lemme pertinently reminds the reader that by "laws of men" Luther here understands the man-made laws of the Church of Rome.
[146] Relationship arising from sponsorship and legal adoption. Cf. above, p. 128.
[148] _The res sacramenti_. See above, p. 182.
[153] The _fides data et accepta_, which Luther finds in the _fides_ (faith) of Gal. 5:22
[155] _Impedimentum erroris_. With fine sarcasm Luther here plays of one hindrance against another.
[157] _Impedimentum publicae honestatis_.
[158] An untranslatable pun: _non iustitia sed inscitia_.
[162] The following points need to be borne in mind in order to a fair evaluation of this much criticized section: (1) What is here given is in the nature of advice to confessors, and the one guiding principle is the relief of souls in peril. (2) It must not be forgotten that Luther wrote the treatise in Latin, and not for the general public. There is without doubt a certain betrayal in turning into the vernacular a passage written in the language of the learned. Yet we have done this, being unwilling to all under the charge of giving a garbled version. (3) The hindrance Luther is here discussing was one recognized and provided or by the Church of Rome, and the remedy suggested by him was prescribed by the German _Volksrecht_ in many localities. (4) Divorce was absolutely forbidden. (5) Luther's error grew out of an unhistorical interpretation of the Old Testament, and consisted in his undervaluing the importance of the public law. "To make the individual conscience the sole arbiter in matters belonging to public law, leads to dangerous consequences." (See Kawarau, _Berlin Ed._, II, 482 f., where references are given.)