John William Baier's
_Compendium of Positive Theology_
Edited by C. F. W. Walther
Published by:
St. Louis: Concordia Publishing House, 1877
[Translator's Preface. These are the major loci or topics of
John William Baier's _Compendium of Positive Theology_ as ed-
ited by Dr. C. F. W. Walther. These should be seen as the
broad outline of Baier-Walther's dogmatics, but please don't
assume that this is all. Each locus usually includes copious
explanatory notes and citations from patristics and other
Lutheran dogmaticians.]
Chapter Sixteen
About the domestic state and society, and especially the state
of marriage, parents, and masters.
1. The third state, which occurs within the church, and which is a
nursery of ecclesiastical and political order, is the domestic
state, which includes the relationships of marriage, parents, and
masters.
2. The efficient cause of the marriage relationship is God, either
marriage seen of what sort it is in itself and its nature, or seen
from the parts joined together.
3. However the causes of marriage are also, by an act of being drawn
together, the spouses themselves and their parents in whose power
they are.
4. The impulsive internal cause on the part of the spouses is that
natural inclination to the procreating of offspring and to a mutual
partnership of life.
5. The impulsive external cause is strong desire of humans of either
of the two sexes and the necessity for a mutual helper both for the
procreation of offspring, and for being able to live life well.
6. The causality of the efficient cause of marriage, on the part of
the married partners is the consent, which is manifested through the
external act of the mutual and free promise about the cohabitation
of the married people.
7. In its own way, the priestly blessing or the joining instituted
by the Christian church also pertains to the efficient cause of
marriage.
8. The material of marriage are the same persons who are coupled by
a joining, one male and one female, fit for paying the marriage debt,
and of whose joining consanguinity or affinity do not hinder.
9. Consanguinity is described, that it is a touching of persons, of
which one is descended from the other, or which (two or more) are
descended from one certain mother through a carnal generation.
10. Affinity is the nearness of people, proceeding from marriage,
thus that those who are related to a spouse, one of the two made one
flesh, by intervening consanguinity among themselves, by this also
those related to the other spouse are neighbors by flesh, because
the spouses are made one flesh among themselves.
11. For evaluating persons, for whom a legitimate marriage is sought,
among them the nearness of lines and grades of consanguinity and
affinity are observed.
12. A line is the collection of persons descending from the same
place branch, containing grades.
13. A line is divided into direct lines, which are among persons of
whom one from others descends and is called both ascending and
descending, and collateral lines, which is among persons, of whom
neither descends from another, but both descend from a certain third
person.
14. Collateral lines are divided into equal lines, which are between
persons equally distant from a common branch, and unequal lines when
one is nearer to the related person, the other more remote from the
common branch.
15. A grade is a condition of distant persons, by which is known how
far distant by male descent or blood relationship the two persons
differ between themselves.
16. The method of computing grades of propinquity or of the distance
of persons in this doctrine, for the diversity of lines, are
comprehended in three different rules.
17. The first rule, which pertains to direct lineage, is this: When
inquiring about who is related to whom, you compute how many
persons are between the two people, and then take one way, and that
is the number of grades between the two people.
18. The second rule, which looks at equal collateral lines, is this:
When inquiring about who is related to whom, the number of grades
the persons are distant from the common branch, that is how many
grades they are distant from each other.
19. The third rule, which pertains to unequal collateral lines, is
this: When inquiring about who is related to whom, by as many grades
as the persons are distant from the common branch, by so many grades
those persons are distant from each other.
20. And thus for the prohibition of marriage between those
consanguineously related, it is known that in direct line marriage
is prohibited simply and to an infinite number of grades, and this
is forbidden by divine law and natural or moral law.
21. In the equal collateral line marriages in the first grade are
prohibited by divine and natural law, and by positive ecclesiastical
law they are also prohibited in the second grade.
22. In the unequal collateral line marriages are prohibited in the
second grade by divine and natural law. But they are prohibited by
ecclesiastical law also in the third grade; on the contrary also in
the fourth grade, if one person is separated from the other by so
much as a grade from the common branch.
23. Affinity is usually established by three genera: affinity is of
the first genus, by which through the mediating of one married
person two people are drawn together; the second genus, which
through the mediating of two people, through as many marriages; the
third, which through the mediating of three persons through as many
marriages, brings two people together. But the second and third
genera of affinity today do not impede a marriage, however in the
first genus some marriages are prohibited.
24. Lines and grades of affinity are evaluated and computed in
proportion to the plan of the lines and the grades of consanguinity;
thus that, by the grades and lines of consanguinity a person has,
through which by an interceding marriage an affinity is contracted,
his consanguinity is joined to, and his grade and line of
consanguinity is evaluated and related by the marriage of the other
person, to whom that marriage is made.
25. And thus, by the grades and lines of consanguinity by which it
is not permitted to enter a marriage, by the same lines and grades
of affinity it is prohibited to contract a marriage with a relative
by marriage.
26. Especially in a direct line of affinity marriages are prohibited
by divine and natural law simply and to an infinite number of grades.
27. In a collateral line relations by marriage in the first grade are
prohibited from marriage by divine and natural law.
28. In an unequal collateral line a joining of marriage-relatives in
the second grade is prohibited by divine and natural law.
29. Among those marriages begun in prohibited grades this difference
is to be seen, that some are completely dissolved, and others with
an inflicted arbitrary penalty are able to be tolerated.
30. In those grades or marriage which are prohibited only by a
positive ecclesiastical law, in those degrees the church properly
speaking is able to grant a dispensation.
31. The form or the formal reason of marriage consists in the mutual
obligation of the spouses to faith and conjugal duties. Commonly
this is called the conjugal bond.
32. The conjugal bond is indissoluble, partly by the force of the
charges, partly, and especially, by the force of the divine
institution.
33. Meanwhile it is possible to effect a divorce, or a legitimate
and valid dissolution of the marriage as far as the conjugal bond is
concerned, by two causes: certainly in the case of adultery, it is
possible by that same law to loosed the bond and for the matrimony
to be dissolved, and it is permitted for the innocent one to enter
marriage again; and by the case of malicious desertion, where the
deserter himself in fact and heedlessly breaks the conjugal bond,
and the deserted, being declared free by a competent judge, is
permitted to enter a new marriage.
34. When persons illegitimately joined are separated, it is not a
divorce, but rather a declaration that in that joining there was no
conjugal bond.
35. Similarly when spouses are separated only as far as bed and
board are concerned, it is not properly divorce, but rather a
suspension of the act of cohabitation and the conjugal duties.
36. When one of the spouses dies, the conjugal bond is broken and the
surviving spouse is permitted to enter marriage a second time with
another person.
37. The end to which of marriage are humans of both sexes, whom
nature made suitable for marriage, apart from an ecclesiastical and
secular state.
38. The nearer end of which, to which marriage in itself is ordained,
is the procreation of offspring and mutual help in life; the remoter
end is the preservation of the church and republic.
39. The intermediate accessory end is that marriage might be a
remedy against depraved desires.
40. Some marriage offices are common to both, while others are proper
to the husband or the wife.
41. To the common duties pertains the joining of minds, bodies, and
resources.
42. The duties of the husband are, to protect the wife, to guide her
by plans and warnings, to provide the necessities of their life,
and to refresh her by caressing conversation.
43. For the wives the duties are, to honor the husband and to obey
him, and to have care for family matters.
44. It is possible to define marriage, that it is an association or
conjunction of one male and one female, indissoluble, according to
the divine institution, born from the mutual consent of both, for
the generation of offspring and the mutual help of life.
45. The paternal association has an efficient cause from God, either
that in himself, or it is seen on the part of parents and children.
46. Also the parents pertain to the efficient cause of the paternal
association, in so far as they bear children from themselves.
47. The impulsive cause on the part of the parents is the natural
desire of generation children and likewise having children for
themselves.
48. The causality of the efficient cause on the part of parents is
generation.
49. The material of the paternal relationship are parents and
children, although also the father alone, or the mother alone, with
son or daughter is enough.
50. The form consists in that mutual relation, through which parents
in respect to the children, and the children in respect to the
parents consider each other, and joined in this relationship, they
are obligated to mutual duties.
51. That relation and the bond of the relationship remains, as long
as parents and children live.
52. The intermediate end is the education of the offspring and the
health of the family; the ultimate, that the church and the republic
might be preserved.
53.The duty of parents consists in the suppling to children of food
and clothes, and likewise the care of the children, that they are
instructed in all piety, sciences and arts, to such an extant that
the child improves their temporal and eternal welfare.
54. The duty of children consists in love, honor and submission
being exhibited to parents, and likewise, if the necessity happens,
by the support of them; also bearing their zeal with a calm spirit.
55. It is possible to describe the paternal relation, that it is a
relation or conjunction of parents and children, divinely instituted
for the education of children and the welfare of the whole society.
56. The proprietary relation likewise has an efficient cause from
God, or that seen in itself, or by reason of those who are entrusted
with it and possess things.
57. The masters themselves and sometimes also the servants also
pertain to the efficient cause of this relationship.
58. The impulsive cause on the part of humans is the desires of this
life, which have a place not only on the part of the servants, but
truly also on the part of the masters.
59. The causality of the efficient cause on the part of humans
consists in this, that servants or captives of a just war are led,
or bought, or are freely contracted with the master.
60. The material of this relation are the masters and servants, and
likewise the mistresses and maids.
61. The formal reason of this relation consists in the mutual
relation and obligation of master and servant.
62. The nearer end is the mutual utility of ordering and being
subject in this society; the more remote is the convenience of
public society.
63. The duty of masters consists in the equal imposition of labor,
in the supplying of the necessities of this life, or by the payment
of promised wages; finally by direction of the workers, and
prudently and moderately disciplining them.
64. The duty of servants consists in the honor, submission, faith
and patience exhibited to the master.
65. It is possible to describe the proprietary relationship, that it
is a society or conjunction between master and servant, likewise
between mistresses and maids, ordained according to the divine will
for mutual utility.
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This text was translated by Rev. Theodore Mayes and is copyrighted
material, (c)1996, but is free for non-commercial use or distribu-
tion, and especially for use on Project Wittenberg. Please direct
any comments or suggestions to: Rev. Robert E. Smith of the Walther
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