He declares, first, that if one or other of the married parties should be convicted of obstinately refusing “to render the conjugal due, or to remain with the other,” then “the marriage was annulled”; the husband might then say: “If you are unwilling, some other will consent; if the wife refuse, then let the maid come”; he had the full right to take an Esther and dismiss Vasthi, as King Assuerus had done (Esther ii. 17).[801] To the remonstrances of his wife he would be justified in replying: “Go, you prostitute, go to the devil if you please”;[802] the injured party was at liberty to contract a fresh union, though only with the sanction of the authorities or of the congregation, while the offending party incurred the penalty of the law and might or might not be permitted to marry again.[803]
The words: “If you won’t ... then let the maid come” were destined to become famous. Not Catholics only, but Protestants too, found in them a stone of offence. As they stand they give sufficient ground for scandal. Was it, however, Luther’s intention thereby to sanction relations with the maid outside the marriage bond? In fairness the question must be answered in the negative. Both before and after the critical passage the text speaks merely of the dissolution of the marriage and the contracting of another union; apart from this, as is clear from other passages, Luther never sanctioned sexual commerce outside matrimony. Thus, strictly speaking, according to him, the husband would only have the right to threaten the obstinate wife to put her away and contract a fresh union with the maid. At the same time the allusion to the maid was unfortunate, as it naturally suggested something different from marriage. In all probability it was the writer’s inveterate habit of clothing his thought in the most drastic language at his command that here led him astray. It may be that the sentence “Then let the maid come” belonged to a rude proverb which Luther used without fully adverting to its actual meaning, but it has yet to be proved that such a proverb existed before Luther’s day; at any rate, examples can be quoted of the words having been used subsequently as a proverb, on the strength of his example.[804]—It was on this, the first ground for the dissolution of marriage, that Luther based his decision in 1543, when one of the Professors turned preacher and his wife refused to follow him to his post at Frankfort-on-the-Oder, saying that “she wasn’t going to have a parson.” Luther then wrote: “I should at once leave her and marry another,” should she categorically refuse compliance; in reality the authorities ought to coerce her, but unfortunately no authority “with ‘_executio_’ existed, having power over the ‘_ministerium_.’”[805]