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INFORMATION TO USERS This dissertation was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning" the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again — beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation. Silver prints of "photographs" may be ordered at additional charge by writing the Order Department, giving the catalog number, title, author and specific pages you wish reproduced. University Microfilms 300 North Z u b Road Ann Arbor. Michigan 48106 A Xerox Education Company 73-2016 HARVEY, Judith Walters, 1943- THE INFLUENCE OF THE REFORMATION ON NURNBERG MARRIAGE LAWS, 1520-1535. The Ohio State University, Ph.D., 1972 History, modern University Microfilms, A XEROX Company, Ann Arbor, Michigan * © 1972 JUDITH WALTERS HARVEY ALL RIGHTS RESERVED 4 THIS DISSERTATION HAS BEEN MICROFILMED EXACTLY AS RECEIVED. THE INFLUENCE OF THE REFORMATION ON N^RNBERG MARRIAGE LAWS, 1520-153 5 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Judith Walters Harvey, B.A,, M.A, The Ohio State University 1972 Approved by PLEASE NOTE: Some pages may have indistinct print. Filmed as received. University Microfilms, A Xerox Education Company ACKNOWLEDGMENTS The encouragement and generosity of numerous indivi­ duals and institutions made possible the completion of this study. The primary source materials made available by the Center for Medieval and Renaissance Studies at The Ohio State University aided in my preparation for later research, A travel grant provided by the Department of History of The Ohio State University and the continued assistance of the NDEA Fellowship Office enabled me to undertake the necessary research in Niirnberg, Germany. In Niirnberg, the advice and gracious cooperation of the following persons greatly facilitated my research: Professor Gerhard Pfeiffer and Dr. Gottfried Seebass, University of Erlangen; Archivdirektor Dr. Otto Puchner, Niirnberg Staatsarchiv; and Archivdirektor Dr. Gerhard Hirschmann, Nurnberg Stadtarchiv, and their respective staffs. I also wish to thank my husband and family for their continued understanding and encouragement. Above all, an ii immense debt is owed to Professor Harold J. Grimm who, with patience and wise counsel, has guided me through graduate years. VITA 31 July, 1943 Born - Appleton, Wisconsin 1965......... B.A., Ohio University, Athens, Ohio 1967-1969.... NDEA Fellow, Department of History, The Ohio State University, Columbus, Ohio 1968......... M.A., The Ohio State University, Columbus, Ohio 1969-1970.... Graduate Associate, Department of History, The Ohio State University, Columbus, Ohio 1970-1972.... NDEA Fellow, Department of History, The Ohio State University, Columbus, Ohio; Research in Nurnberg, Germany FIELDS OF STUDY Major Field* Renaissance and Reformation. Professor Harold J. Grimm Medieval Europe and England, Professor Franklin J. Pegues Tudor and Stuart England. Professor R. Clayton Roberts Colonial America. Professor Bradley Chapin iv TABLE OF CONTENTS Page ACKNOWLEDGMENTS.......................................... ii VITA ..................................................... iv LIST OF ABBREVIATIONS. .............................. vi INTRODUCTION ............................................ 1 Chapter I. MARRIAGE CUSTOMS AND THE CANON LAW IN PRE-REFORMATION GERMANY......................... 13 II. EARLY PROTESTANT MARRIAGE DOCTRINES............ 39 III. DEVELOPMENT OF THE NURNBERG MARRIAGE COURT . , 74 IV. THE TREATMENT OF ADULTERERS IN NURNBERG BEFORE AND DURING THE REFORMATION.................113 V. THE ISSUES OF^DIVORCE AND REMARRIAGE IN REFORMATION NURNBERG ............................ 153 VI. CLANDESTINE MARRIAGES — THE NEED FOR A NEW SOLUTION TO AN OLD PROBLEM................... 189 VII. IMPEDIMENTS TO MARRIAGE — A VICTORY FOR THE STATUS Q U O ................................. 224 CONCLUSION.................................................254 APPENDIX A .......................................................... 259 B .......................................................... 263 C .......................................................... 265 D .......................................................... 267 BIBLIOGRAPHY........................................... 270 v LIST OF ABBREVIATIONS ARG Archiv fur Reformationsgeschichte GNM Germanisches Nationa1-Museum, Nurnberg MVGN Mitteilungen des Vereins fur Geschichte der Stadt Nurnberg NKirchA Landeskirchliches Archiv, Niirnberg NStadtA Stadtarchiv, Niirnberg NStadtB Stadtbibliothek, Niirnberg Ratschi. b Ratschlagbilcher RB Ratsbilcher Rep. Repertorium RV RatsverlSsse St AN Staatsarchiv, Niirnberg WA D. Martin Luthers Werke (Weimar, 1883- ). vi INTRODUCTION The political, cultural, and economic preeminence which was Nurnberg's at the beginning of the sixteenth century has previously received such thorough treatment that it would be both senseless and presumptuous to attempt a fresh presenta­ tion of the facts. One need only say that, in 1500, Nurnberg was among the largest and most prosperous cities of the Empire. Its legal and political status was that of an imperial city or Reichsstadt. Nurnberg proudly acknowledged her allegiance to the emperor, for, historically, she had received her many liberties and privileges from him. Without the force of the Empire, weak as it was, serving to counterbalance the territorial and economic particularism of the princes, Nurnberg's existence as an autonomous and commercxally-thriving city would have been seriously jeopard­ ized, It is not surprising, then, that the government of the city strove always to maintain its partnership in good standing with the emperor. The social structure of Nurnberg, as that of other medieval cities, consisted of several tiers. At the risk of 1 2 oversimplification, one may say that these included, at the apex, a narrowly-defined group of forty-three ancient families (by the sixteenth century called patricians or Geschlechter) whose prosperity derived from commerce. Beneath the former in political power and social standing, but not necessarily in wealth, were the successful merchants and professional men, the lawyers and physicians. These were designated as "honorable" citizens or Ehrbare to distinguish them, on the one hand, from the patricians and, on the other, from the tradesmen or artisans who worked with their hands. Of least stature were the day-laborers who lived in the surrounding villages, but came to the city by day to ply their trades. The arrangement of Nurnberg's government was directly related to her social structure. All authority was retained in the hands of the patrician families. The term which has been most frequently and aptly applied to the activities of the government is paternalism, a term which certainly accorded with that body's own conception of its role. Both the governed and the governors believed that it was natural and proper that this select group of the city's most success­ ful burgher-merchants bear responsibility for the community's welfare. From the period of Nurnberg's earliest endeavors toward autonomy, they had gained the respect and obedience of the citizenry with their wisdom and statecraft. Their past successes had earned the patricians the right to exer­ cise an all-encompassing supervision over the activities of the citizens, patrician and artisan alike.'*' Their aim at all times was the protection of the city's sovereignty against external encroachments and the preservation of the peace, unity, and well-being of the community. It is not surprising, then, that the patrician-oligarchy held all aspects of governance (executive, legislative, and judicial) in its hands. Nurnberg's affairs were theoretically conducted by two 2 Councils. The larger was composed of about two hundred of the "honorable" citizens (in this case, called Genannte). Membership in the Greater Council was considered an honor. These matters ranged from the most momentous (for example, raising an army) to the most petty (such as regula­ ting the number and kinds of cakes served at a wedding feast). 2
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