On June 9 Jonas wrote from Wittenberg, where he was staying with Luther—who himself was as silent as the tomb—to George of Anhalt: Both in the Meissen district and at Wittenberg there is “much gossip” (‘ingens fama’) of bigamy with a certain von Sale, though, probably, it was only “question of a concubine.”[78]Five days later, however, he relates, that “at Würzburg and similar [Catholic] localities the Papists and Canons were expressing huge delight” over the bigamy.[79]The behaviour of the Landgrave’s sister had helped to spread the news. On March 13 the Landgrave, through Marshal von Hundelshausen, had informed the latter of the fact, as he had formally promised Margaret’s mother to do. The “lady began to weep, made a great outcry and abused Luther and Bucer as a pair of incarnate scamps.”[80]She was unable to reconcile herself to the bigamy or to refrain from complaining to others. “My angry sister has been unable to hold her tongue,” wrote the Landgrave Philip on June 8.[81]The Ducal Court of Saxony at Dresden was anxious for reliable information. Duke Henry was a patron of Lutheranism, but one of the motives for his curiosity in this matter is to be found in the fact that the Landgrave was claiming a portion of the inheritance of the late Duke George, who had died on April 17, 1539. In accordance with Henry’s orders Anna von der Sale, as a subject of the Saxon duchy, was removed by force on June 3 from her residence at Schönfeld and carried to Dresden. There the mother confessed everything and declared, not without pride, that her daughter Margaret “was as much the rightful wife of the Landgrave as Christina.”[82]About Whitsun the Landgrave personally admitted the fact to Maurice of Saxony.The Court of Dresden at once informed the Elector of Saxony of its discovery and of the very unfavourable manner in which the news had been received, and the latter, in turn, communicated it, through Chancellor Brück, to Luther and Melanchthon.The Elector Johann Frederick, in view of the change of circumstances, became more and more vexed with the marriage. To a certain extent he stood under the influence of Elisabeth Duchess of Rochlitz. In his case, too, the question of property played a part, viz. whether, in view of the understanding existing between Hesse and Saxony as to the succession, the children of the second wife were to become the heirs in the event of the death of the children of the first wife, this being what the Landgrave demanded. Above all, however, the cautious Elector was anxious about the attitude of the Empire and Emperor. He feared lest steps should be taken against the general scandal which had been given and to obviate the danger of the spread of polygamous ideas. Hence he was not far from withdrawing from Luther the favour he had hitherto shown him, the more so now that the Court of Dresden was intent on raising trouble against all who had furthered the Landgrave’s plan.Meanwhile the news rapidly spread, partly owing to persons belonging to the Court. It reached King Ferdinand, and, by him,and still more by Morone, the Nuncio, it was carried to the Emperor.Morone wrote on June 15, from the religious conference then proceeding at Hagenau, to Cardinal Farnese at Rome: “During the lifetime of his first wife, a daughter of Duke George of Saxony of good memory, the Landgrave of Hesse, has, as we hear, taken a second wife, a lady of distinction, von der Sale by name, a native of Saxony. It is said, his theologians teach that it is not forbidden to Christians to have several wives, except in the case of a Bishop, because there is no such prohibition in Holy Scripture. I can hardly credit it, but since God has ‘given them over to a reprobate mind’ [Rom. i. 28] and as the King has assured me that he has heard it from several quarters, I give you the report for what it is worth.”[83]Philip of Hesse, who was already in disgrace with the Emperor on account of his expedition into Würtemberg and his support of Duke Ulrich, knew the penalties which he might expect unless he found some means of escape. The “Carolina” (1532) decreed “capital punishment” against bigamists, no less than against adulterers.[84]The Landgrave himself was even fully prepared to forfeit one-third of his possessions should it be impossible to arrive otherwise at a settlement.[85]He now openly declared—as he had already hinted he would—that, in case of necessity, he would make humble submission to the Emperor; if the worst came to the worst, then he would also make public the memorandum he had received from Wittenberg in order to exculpate himself—a threat which filled the Elector with alarm on account of his University and of Luther.Bucer, the first to be summoned to the aid of the Hessian Court, advised the Landgrave to escape from his unfortunate predicament by downright lying. He wrote: If concealment and equivocation should prove of no avail, he was to state in writing that false rumours concerning his person had come into circulation, and that no Christian was allowed to have two wives at the same time; he was also to replace the marriage-contract by another contract inwhich Margaret might be described as a concubine—such as God had allowed to His beloved friends—and not as a wife within the meaning of the calamitous Imperial Law; an effort was also to be made to induce the Court of Dresden to keep silence, or to deny any knowledge of the business, and, in the meantime, the “lady” might be kept even more carefully secluded than before.[86]The Landgrave’s reply was violent in the extreme. He indignantly rejected Bucer’s suggestion; the dissimulation alleged to have been practised by others, notably by the Patriarchs, Judges, Kings and Prophets, etc., in no wise proved the lawfulness of lying; Bucer had “been instigated to make such proposals by some worldly-wise persons and jurists whom we know well.”[87]Philip wrote to the same effect to the Lutheran theologians, Schnepf, Osiander and Brenz, who urged him to deny that Margaret was his lawful wife: “That, when once the matter has become quite public, we should assert that it was invalid, this we cannot bring ourselves to do. We cannot tell a lie, for to lie does not become any man. And, moreover, God has forbidden lying. So long as it is possible we shall certainly reply ‘dubitative’ or ‘per amphibologiam,’ but to say that it is invalid, such advice you may give to another, but not to us.”[88]The “amphibologia” had been advised by the Hessian theologians, who had pointed out that Margaret could best be described to the Imperial Court of Justice as a “concubina,” since, in the language of the Old Testament, as also in that of the ancient Church, this word had sometimes been employed to describe a lawful wife.[89]They also wrote to Luther and Melanchthon, fearing that they might desert the Landgrave, telling them that they were expected to stand by their memorandum. Although they were in favour of secrecy, yet they wished that, in case of necessity, the Wittenbergers should publicly admit their share. Good care would be taken to guard against the general introduction of polygamy.[90]Dispensation; Advice in Confession; a Confessor’s Secret?Was the document signed by Luther, Melanchthon and Bucer a dispensation for bigamy?It has been so described. But, even according to the very wording of the memorandum, the signatories had no intention of issuing a dispensation. On the contrary, according to the text, they, as learned theologians, declared that the Divine Law, as they understood it, gave a general sanction, according to which, in cases such as that of Philip of Hesse, polygamy was allowed. It is true that they and Philip himself repeatedly use the word “dispensation,” but by this they meant to describe the alleged general sanction in accordance with which the law admitted of exceptions in certain cases, hence their preference for the term “to use” the dispensation, instead of the more usual “to beg” or “to grant.” Philip is firmly resolved “to use” the dispensation brought to his knowledge by Luther’s writings, and the theologians, taking their cue from him, likewise speak of his “using” it in his own case.[91]It was the same with the “dispensation” which the Wittenbergers proposed to Henry VIII of England. (See above, p. 4 f.) They had no wish to invest him with an authority which, according to their ideas, he did not possess, but they simply drew his attention to the freedom common to all, and declared by them to be bestowed by God, viz. in his case, of taking a second wife, telling him that he was free to have recourse to this dispensation. In other words, they gave him the power to dispense himself, regardless of ecclesiastical laws and authorities.Another question: How far was the substance of the advice given in the Hessian case to be regarded as a secret? Can it really be spoken of as a “counsel given in confession,” or as a “secret of the confessional”?This question later became of importance in the negotiations which turned upon the memorandum. In order to answer it without prejudice it is essential in the first place to point out, that the subsequent interpretations and evasions must not here be taken into account. The actualwording of the document and its attendant historical circumstances have alone to be taken into consideration, abstraction being made of the fine distinctions and meanings afterwards read into it.First, there is no doubt that both the Landgrave’s request for the Wittenberg testimony and its granting were intended to be confidential and not public. Philip naturally assumed that the most punctilious secrecy would be preserved so long as no decision had been arrived at, seeing that he had made confidential disclosures concerning his immorality in pleading for a second marriage. The Wittenbergers, as they explicitly state, gave their reply not merely unwillingly, with repugnance and with great apprehension of the scandal which might ensue, but also most urgently recommended Philip to keep the bigamy to himself. Both the request and the theological testimony accordingly came under the natural obligation of silence, i.e. under the so-called confidential seal of secrecy. This, however, was of course broken when the suppliant on his part allowed the matter to become public; in such a case no one could grudge the theologians the natural right of bringing forward everything that was required for their justification, even to the reasons which had determined them to give their consent, though of course they were in honour bound to show the utmost consideration; for this the petitioner himself was alone to blame.As a matter of fact, however, strange though it may seem, Philip’s intention all along had been ultimately to make the marriage public. It cannot be proved that he ever made any written promise to observe the recommendation of absolute secrecy made by the theologians. Those who drew up the memorandum disregarded his wish for publicity, and, on the contrary, “advised” that the matter should be kept a dead secret. Yet ought they not to have foreseen that a Prince so notoriously unscrupulous would be likely to disregard their “advice”? The theologians were certainly no men of the world if they really believed that the Landgrave’s bigamy—and their memorandum by which it was justified—would or could remain concealed. They themselves had allowed a number of other parties to be initiated into the secret, nor was it difficult to foresee that Philip, and Margaret’s ambitious mother, would not allowthe stigma of concubinage to rest permanently on the newly wedded bride. The mother had expressly stipulated that Margaret should be treated as a lawful wife and given this title, and not as a concubine, though of this the Wittenbergers were not aware.Further, the theological grounds for the Wittenberg “advice” must not be lost sight of in considering the question of the obligation of silence or secrecy. The theologians based their decision on a doctrine which they had already openly proclaimed. Nor did Luther ever withdraw from the standpoint that polygamy was lawful; he even proclaimed it during the height of the controversy raised by the Hessian bigamy, though he was careful to restrict it to very rare and exceptional cases and to make its use dependent on the consent of the authorities. Thus the grounds for the step he had taken in Philip’s favour were universally and publicly known just as much as his other theological doctrines. If, however, his teaching on this matter was true, then, strictly speaking, people had as much right to it as to every other piece of truth; in fact, it was the more urgent that this Evangelical discovery should not be put under a bushel, seeing that it would have been a veritable godsend to many who groaned in the bonds of matrimony. Hence everything, both on Philip’s side and on that of the theologians, pointed to publicity. But may, perhaps, the Wittenberg “advice” have been esteemed a sort of “counsel given in Confession,” and did its contents accordingly fall under the “secret of Confession”?The word “Confession,” in its sacramental meaning, was never used in connection with the affair dealt with at Wittenberg, either in Philip’s instructions to Bucer or in the theologians’ memorandum, nor does it occur in any of the few documents relating to the bigamy until about six months later. “Confession” is first alleged in the letter of excuse given below which Luther addressed to the Elector of Saxony. It is true that the expression “in the way of Confession” occurs once in the memorandum, but there it is used in an entirely different sense and in no way stamps the business as a matter of Confession. There it is stated (above, p. 21), that those who were to be apprised of the bigamy were to learn it “in the way of Confession.”Here the word Confession is employed by metonymy and merely emphasises the need of discretion. Here there was naturally no idea of the sacramental seal, or of the making of a real Confession. In the Middle Ages the term Confession was not seldom used to denote the imparting of an ordinary confidential secret, just as the word to confess originally meant to admit, to acknowledge, or to communicate something secret. This, however, was not the meaning attached to it by those who sought to shelter themselves behind the term in the controversies which ensued after the bigamy had become generally known. To vindicate the keeping secret of his so-called “advice in Confession,” Luther falls back upon his Catholic recollections of the entire secrecy required of the Confessor, in other words, on the sacramental “seal.”Undoubtedly the Seal of Confession is inexorable; according to the Catholic view it possesses a sacramental sanction and surrounds, like a protecting rampart, the sanctuary of the Sacrament of Penance, which otherwise would be shunned by all. But this absolute and sacramental obligation of silence attends only the administration of the Sacrament of Penance.The idea that Luther and his comrades when signing the “advice” were dispensing the Sacrament of Penance cannot but raise a smile. In connection with this matter non-Catholic theologians and historians would never have spoken as they have done of Luther as a Confessor, had they been better acquainted with the usages of the older Church. In the case of such writers all that is known of the system of Confession is often a few distorted quotations from casuists. Even under its altered form, as then in use among the Protestants, Confession could only mean an admission of one’s sins, made to obtain absolution. In Lutheranism, confession, so far as it was retained at all, meant the awakening and animating of faith by means of some sort of self-accusation completed by the assurance given by the preacher of the Divine promise and forgiveness, a process which bears no analogy to the “testimony” given by the theologians to Philip of Hesse. In the Catholic Church, moreover, in whose practice Luther seems anxious to take refuge, Confession involves an accusation of all grievous sins, contrition, a firm resolve to amend, satisfaction and absolution. Whatwas there of all this in the Landgrave’s so-called Confession?[92]Where was the authority to absolve, even had this been what the Landgrave sought? How then could there come into play the Seal of Confession, i.e. any sacramental obligation apart from the purely natural obligation of keeping silence concerning a communication made in confidence? Again, Confession, even according to Lutheran ideas, is not made at a distance, or to several persons simultaneously, or with the object of securing a signed document.Apart from all this one may even question whether the Landgrave’s disclosures were really honestly meant. Not everyone would have taken them from the outset as intended seriously, or have regarded them as above suspicion. Melanchthon, for instance, soon began to have doubts. (See below.) The readiness, nay, eagerness, shown by Philip later to repeat his Confession to others, to reinforce it by even more appalling admissions of wickedness, and to give it the fullest publicity, is really not favourable to the “Confession” idea; on the contrary, it reminds us of the morbid pleasure which persons habituated to vice and who have lost all respect whether for themselves or for the virtue of others, take in speaking openly of their moral lapses. The most important point to bear in mind is, however, the fact, that with Philip of Hesse it was a question of a marriage which he intended should be kept secret only for a time, and further that the Wittenbergers were aware of Philip’s readiness to lay his case before the Emperor, nay, even the Pope should necessity arise.[93]Owing to this they could not be blind to the possibility of the marriage, and, incidentally, of the Landgrave’s admission of moral necessity, and further of their own “advice” being all disclosed. Thus the “Seal of Confession” was threatened from the very first. Philip himself never recognised a binding obligation of secrecy on the part of the Wittenbergers; on the contrary, his invitation to them was: Speak out freely, now that the step has been taken with your sanction! What was Luther’s answer? He appealed to the Secret of the Confessional and refused to defend the act beforethe world and the Empire, but merely “before God”; all he was willing to do was to vindicate it “before God, by examples such as that of Abraham, etc., and to conceal it as much as possible.” And yet, to forestall what will be related below, full publicity would surely have been the best thing for himself, as then the world would at least have learnt that he was not desirous of introducing polygamy generally, and that the whole business had only been made common property through Philip’s disregard of the recommendation of secrecy. Instead of this, however, he preferred to profess his readiness (it was probably no more than a threat) to admit publicly that he had been in the wrong all along and had acted foolishly; here again, had he been true to his word, the “Secret of the Confessional” would assuredly have fared badly.Even in his letter of excuse to the Elector Johann Frederick concerning his sanction of the bigamy, Luther explained so much of the incident, that the “Seal of Confession” was practically violated; quite unmindful of the inviolability of the Seal he here declared, that he would have preferred to say nothing of the “counsel given in Confession had not necessity” forced him to do so. But what kind of Seal of Confession was this, we may ask, which could thus be set aside in case of necessity?Melanchthon acted differently. He, without any necessity, at once recounted everything that had happened to a friend in a letter eloquent with grief. He, the author of the “Counsel of Confession,” felt under no obligation to regard the Seal. He considers himself liberated, by Philip’s behaviour, from the obligation even of confidential secrecy.[94]Bucer expressed himself on Aug. 8, 1540, in a similar fashion concerning the counsel given to the Landgrave “in Confession”: Luther would certainly publish and defend it, should the “marriage have to be admitted” through no fault of the Landgrave’s.[95]No one, in fact, displayed the slightest scruple regarding the secrecy of the Confession—except Luther and those who re-echo his sentiments.According to the above we are justified in saying that the term “Counsel given in Confession” is in no wise descriptive of the Wittenberg document. The word “testimony,” or “certificate,” used both in Philip’s instructions and in an important passage of the document signed by Luther, Melanchthon and Bucer, is historically more correct; the terms “opinion” or “memorandum” are equally applicable.The Wittenbergers gave their testimony or opinion—such is the upshot of the matter—but no Dispensation or Counsel in Confession in the sense just determined. They gave a testimony, which was asked for that it might be made public, but which was given in confidence, which was moreover based on their openly expressed teaching, though it actually dealt only with Philip’s own case, a testimony which no longer involved them in any obligation of secrecy once the marriage had been made public by Philip, and once the latter had declared his intention of making the testimony public should circumstances demand it.Luther’s Embarrassment on the Bigamy becoming Public.At the commencement of June, 1540, Luther was in great distress on account of the Hessian bigamy. His embarrassment and excitement increased as the tidings flew far and wide, particularly when the Court of Dresden and his own Elector began to take fright at the scandal, and the danger of complications arising with the Emperor. On the other hand, Luther was not unaware of the Landgrave’s doubts as to whether he would stand by his written declaration. Jonas wrote from Wittenberg on June 10 to George of Anhalt: “Philip is much upset and Dr. Martin full of thought.”[96]On that very day Brück, the Electoral Chancellor, discussed the matter with both of them at Wittenberg. He acquainted them with his sovereign’s fears. They had gone too far, and the publication of the affair had had the most disastrous results; a young Princess and Landgravine had appeared on the scene, which was not at all what the Elector had expected; the Court of Dresden was loud in its complaints and spared not even the Elector; the Dresdenpeople were bringing forward against Luther what he had taught in favour of polygamy thirteen years before; the door had now been opened wide to polygamists.Not long after Luther wrote, that, were it necessary, he would know how to “extricate himself.”[97]Even before dropping this curious remark he had shown himself very anxious to make his position secure. It was with this object in view, that, after his interview with Brück, probably on the same day, he proceeded to explain the case to his sovereign in the lengthy letter[98]in which he appeals to Confession and its secrecy.“Before the world and against the laws of the Empire it cannot be defended,” but “we were desirous of glossing it over before God as much as possible with examples, such as that of Abraham, etc. All this was done and treated of as in Confession, so that we cannot be charged as though we had done it willingly and gladly, or with joy and pleasure.... I took into consideration the unavoidable necessity and weakness, and the danger to his conscience which Master Bucer had set forth.”Luther goes on to complain, that the Landgrave, by allowing this “matter of Confession” and “advice given in Confession” to become to a certain extent public, had caused all this “annoyance and contumely.” He relates in detail what Bucer, when seeking to obtain the Wittenberg sanction, had recounted concerning his master’s immorality, so contrary to the Evangel, “though he should be one of the mainstays of the party.” They had at first looked askance at the idea, but, on being told that “he was unable to relinquish it, and, should we not permit it, would do it in spite of us, and obtain permission from the Emperor or the Pope unless we were beforehand, we humbly begged His Serene Highness, if he was really set on it, and, as he declared, could not in conscience and before God do otherwise, that he would at least keep it secret.” This had been promised them [by Bucer]; their intention had been to “save his conscience as best we might.”Luther, far from showing himself remorseful for his indulgence, endeavours in his usual way to suppress any scruples of conscience: “Even to-day, were such a case to come before me again, I should not know how to give any other advice than what I then gave, nor would it trouble me should it afterwards become known.” “I am not ashamed of the testimony evenshould it come before the world, though, to be spared trouble, I should prefer it to be kept secret so long as possible.” Still, no angel would have induced him to give such advice “had he known that the Landgrave had long satisfied and could still satisfy his cravings on others, for instance, as I now learn, on lady von Essweg.” This lady was perhaps a relative of Rudolf Schenk, Landvogt of Eschwege on the Werra.[99]We may recall, that the proposal of taking a “concubine” in place of the too numerous “light women” had been made to Philip by his sister.[100]Luther goes on to excuse his conduct still further to the Elector: “Still less would I have advised a public marriage”; that the second wife was to become a Princess or Landgravine—a plan at which the whole Empire would take offence—had been kept from him altogether; “what I expected was, that, since he was obliged owing to the weakness of the flesh to follow the ordinary course of sin and shame, he would perhaps keep an honest girl in some house, and wed her secretly—though even this would look ill in the sight of the world—and thus overcome his great trouble of conscience; he could then ride backwards and forwards, as the great lords do frequently enough; similar advice I gave also to certain parish priests under Duke George and the bishops, viz. that they should marry their cook secretly.”Though what he here says may be worthy of credence, yet to apply the term Confession to what passed between Philip and Wittenberg is surely to introduce an alien element into the affair. Yet he does use the word three times in the course of the letter and seemingly lays great stress on it. The Confession, he says, covered all that had passed, and, because it “was seemly” to “keep matters treated of in Confession private” he and Melanchthon “preferred not to relate the matter and the counselgiven in Confession” to the Elector; but, since the Landgrave “had revealed the substance of the Confession and the advice,” it was easier for him to speak. Hence he would now reveal the “advice given in Confession; though I should much have preferred to keep it secret, unless necessity had forced it from me, now I am unable to do so.” The fact is, however, that the real Seal of Confession (and of this Luther was quite aware) does not allow the confessor who has received the Confession to make any communication or disclosure concerning it; even should the penitent make statements concerning other matters which occurred in the Confession, under no circumstances whatsoever, however serious these may be, not even in the case of danger to life and limb, may “necessity” “force out” anything. Although in this case Luther had not heard a Confession at all, yet he refers to the Secret of the Confessional with which he was acquainted from his Catholic days, and his own former exercise of it: “I have received in Confession many confidences, both in Popery and since, and given advice, but were there any question of making them public I should be obliged to say no.... Such matters are no business of the secular courts nor ought they to be made public.”This uncalled-for introduction of Confession was intended to save him from being obliged to admit his consent publicly; it was meant to reassure so weak a theologian as the Elector, who dreaded the scandal arising from Luther’s advice to commit bigamy, and the discussion of the case before the Imperial Court of Justice; possibly he also hoped it would serve against that other princely theologian, viz. the Landgrave, and cause him to withdraw his demand for a public acknowledgment of the sanction given. His tactics here remind us of Luther’s later denial, when he professed himself ready simply to deny the bigamy and his share in it—because everything had been merely a matter of Confession.Even in this first letter dealing with the question, he is clearly on the look-out for a loophole by which he may escape from the calamitous business.The publication of the “testimony” was to be prevented at all costs. But, as a matter of fact, not only did the “Seal of Confession” present no obstacle, but even the common secrecy referred to above (p. 31) was no longer binding. This had been cancelled by the indiscretion of the Landgrave. Moreover, apart from this, the natural obligation of secrecy did not extend to certain extreme cases which might have been foreseen by both parties and in theevent of which both would recover their freedom. It should be noted, that Luther hardly made any appeal to this natural obligation of secrecy, probably because it could not be turned to account so easily. The Seal of Confession promised to serve him better in circles so little acquainted with theology.In the second letter dealing with the bigamy, dated June 27, 1540, and addressed to Philip’s intimate, Eberhard von der Thann, Luther speaks with an eye on Hesse.[101]Thann, through Chancellor Brück, had informed him of what was being said of him there, and had asked what Luther would advise the Hessian Prince, and whether, in order to obviate other cases of polygamy in Hesse, it would be advisable for the authorities to issue an edict against the universal lawfulness of having several wives. Luther replied, that he agreed with the Landgrave’s intention as announced by Thann concerning his second marriage, viz. to wait until the Emperor “should approach His Serene Highness on the subject”; and then to write to the Emperor: “That he had taken a concubine but that he would be perfectly ready to put her away again if other Princes and Lords would set a good example.” If the Emperor were compelled “to regard the ‘lady’ as a concubine,” “no one else would dare to speak or think differently”; in this wise the real state of things would be “covered over and kept secret.” On the other hand, it would not be at all advisable to issue any edict, or to speak of the matter, for then “there would be no end or limit to gossip and suspicions.”“And I for my part am determined [here he comes to his ‘testimony’ and the meaning he now put on it] to keep silence concerning my part of the confession which I heard from His Serene Highness through Bucer, even should I suffer for it, for it is better that people should say that Dr. Martin acted foolishly in his concession to the Landgrave—for even great men have acted foolishly and do so, even now, as the saying goes: A wise man makes no small mistakes—rather than reveal the reasons why we secretly consented; for that would greatly disgrace and damage the reputation of the Landgrave, and would also make matters worse.” To the Elector his sovereign Luther had said that, even to-day, he “would not be able to give any differentadvice” and that he saw no reason to blush for it. Hence it is hard to believe that he seriously contemplated admitting that he had been guilty of an act of “folly” and had “acted foolishly.” It will be shown more clearly below what his object was in threatening such a repudiation of his advice to the Landgrave.In his letter to Thann, Luther decides in favour of the expedient suggested by the Hessian theologians, viz. of the amphibological use of the word concubine; here it should, however, be noted, that this term, if used officially to counteract the common report concerning the new marriage, plainly implied a denial of the reality of the bigamy.But how if the Landgrave were directly confronted in a Court of Justice with the question: Have you, or have you not, married two wives?Here belongs the third letter of Luther’s which we have on the subject and which was despatched to Hesse before the middle of July. It is addressed to “a Hessian Councillor” who has been identified, with some probability, as the Hessian Chancellor Johann Feige.[102]To the addressee, who was acquainted with the whole matter and had applied to Luther for his opinion on behalf of the Landgrave, the writer defines his own position still more clearly; if people say openly that the Landgrave has contracted a second marriage, all one need answer is, that this is not true, although it is true that he has contracted a secret union; hence he himself was wont to say, “the Landgrave’s other marriage is all nonsense.”The justification of this he finds in the theory of the secrecy of confession upon which he insists strongly in this letter. Not only is his own share in the matternilbecause ostensibly done in confession, but the marriage itself is merely a sort of “confession marriage,” a thing concealed and therefore non-existent so far as the world is concerned. “A secret affirmative cannot become a public affirmative ... a secret ‘yes’ remains a public ‘no’ and vice versa.... On this I take my stand; I say that the Landgrave’s second marriage isniland cannot be convincing to anyone. For, as they say, ‘palam,’ it is not true, and although it may be true ‘clam,’ yet that they may not tell.”He is very bitter about the Landgrave’s purpose of making the marriage and the Wittenberg “advice” public, should need arise. The fate of the latter was, in fact, his chief anxiety. “In this the Landgrave touches us too nearly, but himself even more, that he is determined to do ‘palam’ what we arranged with him ‘clam,’ and to make of a ‘nullum’ an ‘omne’; this we areunable either to defend or to answer for, and we should certainly come to high words.” The last sentence was, however, felt by Luther to be too strong and he accordingly struck it out of the letter.He also says that the Landgrave’s appeal to his sermon on Genesis would be of no avail, because he (Luther) had taught, both previous to and after it, that the law of Moses was not to be introduced, though some of it “might be used secretly in cases of necessity, or even publicly by order of the authorities.” But advice extorted from him in Confession by the distress of a suffering conscience could “not be held to constitute a true precedent in law.” He here touches upon a thought to which he was to return in entirely different circumstances: Neither the preachers, nor the Gospel, lay down outward laws, not even concerning religion; the secular authorities are the only legislators; ecclesiastical guidance comprises only advice, direction and the expounding of Scripture, and has to do only with the interior life, being without any jurisdiction, even spiritual; as public men, the pastors were appointed to preach, pray and give advice; to the individual they rendered service amidst the “secret needs of conscience.”[103]He thereby absolves himself from the consequence apparently involved in the step he had taken, viz. the introduction of polygamy as a “general right”; it does not follow that: “What you do from necessity, I have a right to do”; “necessity knows no law or precedent,” hence a man who is driven by hunger to steal bread, or who kills in self-defence is not punished, yet what thus holds in cases of necessity cannot be taken as a law or rule. On the other hand, Luther will not listen to the proposal then being made in Hesse, viz. that, in order to counteract the bad example, a special edict should be issued declaring polygamy unlawful as a general rule, but allowable in an exceptional case, on the strength “of secret advice given in Confession”; on the contrary, it would be far better simply to denounce polygamy as unlawful.Hence if the Landgrave, so Luther concludes, “will not forsake the sweetheart” on whom “he has so set his heart that she has become a need to him,” and if, moreover, he will “keep her out of the way,” then “we theologians and confessors shall vindicate it before God, as a case of necessity to be excused by the examples of Genesis. But defend it before the world and ‘iure nunc regente,’ that we cannot and shall not do. Short of this the Landgrave may count upon our best service.”The Landgrave was, however, not satisfied with either of these letters, both of which came into his hands. Hewanted from Luther a clear and public admission of his share in the business, which, to the Prince’s peril, had now become as good as public, and threatened to constitute a precedent. By this invitation the Prince naturally released Luther from all obligation of secrecy. Even the making public of the immorality, which had served as a pretext for the new marriage, he did not mind in the least, for his laxity in morals was already a matter of common knowledge; he discussed his lapses with the theologians as openly as though all of them had been his confessors and spiritual directors; he was also quite ready to repeat his admissions, “as in Confession,” before secular witnesses. Such was the depth of depravity into which his passions had brought him.Yielding to pressure brought to bear on him by Saxony, Luther had meanwhile conceived the idea of publishing a work against polygamy. The new expedient had indeed been foreshadowed in his last letter. On June 17, 1540, Jonas wrote to George of Anhalt that Luther might be expected to write a work “Contra polygamiam.”[104]Martin Beyer of Schaffhausen, on his return from Wittenberg, also brought the news, so Bullinger was informed, that “Luther was being compelled by the Hessian business to write a work against the plurality of wives.”[105]The project was, however, never realised, probably on account of the insuperable difficulties it involved.But though this work never saw the light, history has preserved for us a number of Luther’s familiar conversations, dating from this period and taken down directly from his lips, utterances which have every claim to consideration and faithfully mirror his thoughts.Luther’s Private Utterances Regarding the Bigamy.The Table-Talk, dating from the height of the hubbub caused by the bigamy, affords us a vivid psychological picture of Luther.Of this Table-Talk we have the detailed and authentic notes from the pen of Johann Mathesius, who was present. These notes, in their best form, became known only in 1903,thanks to Kroker’s edition, but, for the better understanding of Luther’s personality, his intimate descriptions of what was passing in his mind are of inestimable value. Conjointly with the principal passage, which probably dates from June 18, 1540, other sayings dropped regarding the same matter may be considered.[106]The scene in the main was as follows: The usual guests, among them the disciples with their note-books, were assembled after the evening meal in Luther’s house, grouped around the master, who seemed sunk in thought; Melanchthon, however, was missing, for he lay seriously ill at Weimar, overwhelmed by anxiety now that his consent to the bigamy was leaking out. Whilst yet at table two letters were handed to Luther, the first from Brück, the Electoral Chancellor, the second from the Elector himself. Both referred to Melanchthon. The Elector requested Luther to betake himself as soon as possible to Weimar to his friend, who seemed in danger of death, and informed him at the same time of the measures threatened by the Landgrave in the matter of the second marriage.Luther, after glancing at Brück’s missive concerning Melanchthon, said to the guests: “Philip is pining away for vexation, and has fallen into a fever (‘tertiana’). But why does the good fellow crucify himself so about this business? All his anxiety will do no good. I do wish I were with him! I know how sensitive he is. The scandal pains him beyond measure. I, on the other hand, have a thick skin, I am a peasant, a hard Saxon when such × are concerned.[107]I expect I shall be summoned to Philip.”Someone thereupon interjected the remark: “Doctor, perhaps the Colloquium [which was to be held at Hagenau] will not now take place”; Luther replied: “They will certainly have to wait for us....”A second messenger now came in with the Elector’s letter, conveying the expected summons to proceed to Weimar. On the reader the news it contained concerning the Landgrave fell like the blows of a sledge-hammer. After attentively perusing the letter “with an earnest mien,” he said: “Philip the Landgrave is cracked; he is now asking the Emperor to let him keep both wives.”The allusion to the Landgrave’s mental state is explained by a former statement of Luther’s made in connection with some words uttered by the Landgrave’s father: “The old Landgrave[William II] used to say to his son Philip: ‘If you take after your mother, then you won’t come to much; if you take after me, you will have nothing about you that I can praise; if you take after both of us, then you will be a real demon.’” Luther had added: “I fear he is also mad, for it runs in the family.”[108]“And Philip [Melanchthon] said: ‘This [the bigamy] is the beginning of his insanity.’”[109]When Luther re-entered, so the narrator continues, “he was as cheerful as could be, and he said to us: ‘It is grand having something to do, for then we get ideas; otherwise we do nothing but feed and swill. How our Papists will scream! But let them howl to their own destruction. Our cause is a good one and no fault is to be found with our way of life, or rather [he corrects himself] with the life of those who take it seriously. If the Hessian Landgrave has sinned, then that is sin and a scandal. That we have frequently discounselled by good and holy advice; they have seen our innocence and yet refuse to see it. Hence they [the Papists] are now forced to look the Hessianin anum[110](i.e. are witnesses of his shame). But they will be brought to destruction by [our] scandals because they refuse to listen to the pure doctrine; for God will not on this account forsake us or His Word, or spare them, even though we have our share of sin, for He has resolved to overthrow the Papacy. That has been decreed by God, as we read in Daniel, where it is foretold of him [Antichrist] who is even now at the door: “And none shall help him” (Dan. xi. 45). In former times no power was able to root out the Pope; in our own day no one will be able to help him, because Antichrist is revealed.’”Thus amidst the trouble looming he finds his chief consolation in his fanatical self-persuasion that the Papacy must fall and that he is the chosen instrument to bring this about, i.e. in his supposed mission to thwart Antichrist, a Divine mission which could not be contravened. Hence his pseudo-mysticism was once again made to serve his purpose.“If scandals occur amongst us,” he continues, “let us not forget that they existed in Christ’s own circle. The Pharisees were doubtless in glee over our Lord Christ on account of the wickedness of Judas. In the same way the Landgrave has become a Judas to us. ‘Ah, the new prophet has such followers [as Judas, cried the foes of Christ!] What good can come of Christ?’—But because they refused to open their eyes to the miracles, they were forced to see ‘Christum Crucifixum’ and ... later to see and suffer under Titus. But our sins may obtain pardon and be easily remedied; it is only necessary thatthe Emperor should forbid [the bigamy], or that our Princes should intercede [for the Hessian], which they are at liberty to do, or that he should repudiate the step he took.”“David also fell, and surely there were greater scandals under Moses in the wilderness. Moses caused his own masters to be slain.... But God had determined to drive out the heathen, hence the scandals amongst the Jews availed not to prevent it. Thus, too, our sins are pardonable, but not those of the Papists; for they are contemners of God, crucify Christ and, though they know better, defend their blasphemies.”“What advantage do they expect of it,” he goes on to ask in an ironical vein; “they put men to death, but we work for life and take many wives.” This he said, according to the notes, “with a joyful countenance and amidst loud laughter.”[111]“God has resolved to vex the people, and, when my turn comes, I will give them hard words and tell them to look Marcolfus ‘in anum’ since they refuse to look him in the face.” He then went on: “I don’t see why I should trouble myself about the matter. I shall commend it to our God. Should the Macedonian [the Landgrave] desert us, Christ will stand by us, the blessed Schevlimini [כש ליםיבי: Sit at my right hand (Ps. cix. 1)]. He has surely brought us out of even tighter places. The restitution of Würtemberg puts this scandal into the shade, and the Sacramentarians and the revolt [of the Peasants]; and yet God delivered us out of all that.” What he means to say is: Even greater scandal was given by Philip of Hesse when he imposed on Würtemberg the Protestant Duke Ulrich, heedless of the rights of King Ferdinand and of the opposition of the Emperor and the Church;[112]in the same way the ever-recurring dissensions on the Sacrament were an even greater scandal, and so was the late Peasant War which threatened worse things to the Evangelical cause than the Hessian affair.“Should the Landgrave fall away from us.”—This fear lest Philip should desert their party Luther had expressed in some rather earlier utterances in 1540, when he had described more particularly the Landgrave’s character and attitude. “A strange man!” he says of him. “He was born under a star. He is bent upon having his own way, and so fancies he will obtain the approval of Emperor and Pope. It may be that he will fall away from us on account of this affair.... He is a real Hessian; he cannot be still nor does he know how to yield. When once this business is over he will be hatching something else. But perhapsdeath will carry him, or her (Margaret), off before.” A Hessian Councillor who was present quite bore out what Luther had said: Nothing was of any avail with the Landgrave, “what he once undertakes he cannot be induced to give up.” In proof of this those present instanced the violence and utter injustice of the raid made on Würtemberg. “Because he is such a strange character,” Luther remarked, “I must let it pass. The Emperor, moreover, will certainly not let him have his way.”[113]“No sensible man would have undertaken that campaign, but he, carried away by fury, managed it quite well. Only wait a little! It [the new scandal] will pass!” Luther was also ready to acknowledge that the Landgrave, in spite of the promises and offers of the Emperor and Duke of Saxony, had remained so far “very faithful” to the Evangel.[114]
On June 9 Jonas wrote from Wittenberg, where he was staying with Luther—who himself was as silent as the tomb—to George of Anhalt: Both in the Meissen district and at Wittenberg there is “much gossip” (‘ingens fama’) of bigamy with a certain von Sale, though, probably, it was only “question of a concubine.”[78]Five days later, however, he relates, that “at Würzburg and similar [Catholic] localities the Papists and Canons were expressing huge delight” over the bigamy.[79]The behaviour of the Landgrave’s sister had helped to spread the news. On March 13 the Landgrave, through Marshal von Hundelshausen, had informed the latter of the fact, as he had formally promised Margaret’s mother to do. The “lady began to weep, made a great outcry and abused Luther and Bucer as a pair of incarnate scamps.”[80]She was unable to reconcile herself to the bigamy or to refrain from complaining to others. “My angry sister has been unable to hold her tongue,” wrote the Landgrave Philip on June 8.[81]The Ducal Court of Saxony at Dresden was anxious for reliable information. Duke Henry was a patron of Lutheranism, but one of the motives for his curiosity in this matter is to be found in the fact that the Landgrave was claiming a portion of the inheritance of the late Duke George, who had died on April 17, 1539. In accordance with Henry’s orders Anna von der Sale, as a subject of the Saxon duchy, was removed by force on June 3 from her residence at Schönfeld and carried to Dresden. There the mother confessed everything and declared, not without pride, that her daughter Margaret “was as much the rightful wife of the Landgrave as Christina.”[82]About Whitsun the Landgrave personally admitted the fact to Maurice of Saxony.The Court of Dresden at once informed the Elector of Saxony of its discovery and of the very unfavourable manner in which the news had been received, and the latter, in turn, communicated it, through Chancellor Brück, to Luther and Melanchthon.The Elector Johann Frederick, in view of the change of circumstances, became more and more vexed with the marriage. To a certain extent he stood under the influence of Elisabeth Duchess of Rochlitz. In his case, too, the question of property played a part, viz. whether, in view of the understanding existing between Hesse and Saxony as to the succession, the children of the second wife were to become the heirs in the event of the death of the children of the first wife, this being what the Landgrave demanded. Above all, however, the cautious Elector was anxious about the attitude of the Empire and Emperor. He feared lest steps should be taken against the general scandal which had been given and to obviate the danger of the spread of polygamous ideas. Hence he was not far from withdrawing from Luther the favour he had hitherto shown him, the more so now that the Court of Dresden was intent on raising trouble against all who had furthered the Landgrave’s plan.Meanwhile the news rapidly spread, partly owing to persons belonging to the Court. It reached King Ferdinand, and, by him,and still more by Morone, the Nuncio, it was carried to the Emperor.Morone wrote on June 15, from the religious conference then proceeding at Hagenau, to Cardinal Farnese at Rome: “During the lifetime of his first wife, a daughter of Duke George of Saxony of good memory, the Landgrave of Hesse, has, as we hear, taken a second wife, a lady of distinction, von der Sale by name, a native of Saxony. It is said, his theologians teach that it is not forbidden to Christians to have several wives, except in the case of a Bishop, because there is no such prohibition in Holy Scripture. I can hardly credit it, but since God has ‘given them over to a reprobate mind’ [Rom. i. 28] and as the King has assured me that he has heard it from several quarters, I give you the report for what it is worth.”[83]Philip of Hesse, who was already in disgrace with the Emperor on account of his expedition into Würtemberg and his support of Duke Ulrich, knew the penalties which he might expect unless he found some means of escape. The “Carolina” (1532) decreed “capital punishment” against bigamists, no less than against adulterers.[84]The Landgrave himself was even fully prepared to forfeit one-third of his possessions should it be impossible to arrive otherwise at a settlement.[85]He now openly declared—as he had already hinted he would—that, in case of necessity, he would make humble submission to the Emperor; if the worst came to the worst, then he would also make public the memorandum he had received from Wittenberg in order to exculpate himself—a threat which filled the Elector with alarm on account of his University and of Luther.Bucer, the first to be summoned to the aid of the Hessian Court, advised the Landgrave to escape from his unfortunate predicament by downright lying. He wrote: If concealment and equivocation should prove of no avail, he was to state in writing that false rumours concerning his person had come into circulation, and that no Christian was allowed to have two wives at the same time; he was also to replace the marriage-contract by another contract inwhich Margaret might be described as a concubine—such as God had allowed to His beloved friends—and not as a wife within the meaning of the calamitous Imperial Law; an effort was also to be made to induce the Court of Dresden to keep silence, or to deny any knowledge of the business, and, in the meantime, the “lady” might be kept even more carefully secluded than before.[86]The Landgrave’s reply was violent in the extreme. He indignantly rejected Bucer’s suggestion; the dissimulation alleged to have been practised by others, notably by the Patriarchs, Judges, Kings and Prophets, etc., in no wise proved the lawfulness of lying; Bucer had “been instigated to make such proposals by some worldly-wise persons and jurists whom we know well.”[87]Philip wrote to the same effect to the Lutheran theologians, Schnepf, Osiander and Brenz, who urged him to deny that Margaret was his lawful wife: “That, when once the matter has become quite public, we should assert that it was invalid, this we cannot bring ourselves to do. We cannot tell a lie, for to lie does not become any man. And, moreover, God has forbidden lying. So long as it is possible we shall certainly reply ‘dubitative’ or ‘per amphibologiam,’ but to say that it is invalid, such advice you may give to another, but not to us.”[88]The “amphibologia” had been advised by the Hessian theologians, who had pointed out that Margaret could best be described to the Imperial Court of Justice as a “concubina,” since, in the language of the Old Testament, as also in that of the ancient Church, this word had sometimes been employed to describe a lawful wife.[89]They also wrote to Luther and Melanchthon, fearing that they might desert the Landgrave, telling them that they were expected to stand by their memorandum. Although they were in favour of secrecy, yet they wished that, in case of necessity, the Wittenbergers should publicly admit their share. Good care would be taken to guard against the general introduction of polygamy.[90]Dispensation; Advice in Confession; a Confessor’s Secret?Was the document signed by Luther, Melanchthon and Bucer a dispensation for bigamy?It has been so described. But, even according to the very wording of the memorandum, the signatories had no intention of issuing a dispensation. On the contrary, according to the text, they, as learned theologians, declared that the Divine Law, as they understood it, gave a general sanction, according to which, in cases such as that of Philip of Hesse, polygamy was allowed. It is true that they and Philip himself repeatedly use the word “dispensation,” but by this they meant to describe the alleged general sanction in accordance with which the law admitted of exceptions in certain cases, hence their preference for the term “to use” the dispensation, instead of the more usual “to beg” or “to grant.” Philip is firmly resolved “to use” the dispensation brought to his knowledge by Luther’s writings, and the theologians, taking their cue from him, likewise speak of his “using” it in his own case.[91]It was the same with the “dispensation” which the Wittenbergers proposed to Henry VIII of England. (See above, p. 4 f.) They had no wish to invest him with an authority which, according to their ideas, he did not possess, but they simply drew his attention to the freedom common to all, and declared by them to be bestowed by God, viz. in his case, of taking a second wife, telling him that he was free to have recourse to this dispensation. In other words, they gave him the power to dispense himself, regardless of ecclesiastical laws and authorities.Another question: How far was the substance of the advice given in the Hessian case to be regarded as a secret? Can it really be spoken of as a “counsel given in confession,” or as a “secret of the confessional”?This question later became of importance in the negotiations which turned upon the memorandum. In order to answer it without prejudice it is essential in the first place to point out, that the subsequent interpretations and evasions must not here be taken into account. The actualwording of the document and its attendant historical circumstances have alone to be taken into consideration, abstraction being made of the fine distinctions and meanings afterwards read into it.First, there is no doubt that both the Landgrave’s request for the Wittenberg testimony and its granting were intended to be confidential and not public. Philip naturally assumed that the most punctilious secrecy would be preserved so long as no decision had been arrived at, seeing that he had made confidential disclosures concerning his immorality in pleading for a second marriage. The Wittenbergers, as they explicitly state, gave their reply not merely unwillingly, with repugnance and with great apprehension of the scandal which might ensue, but also most urgently recommended Philip to keep the bigamy to himself. Both the request and the theological testimony accordingly came under the natural obligation of silence, i.e. under the so-called confidential seal of secrecy. This, however, was of course broken when the suppliant on his part allowed the matter to become public; in such a case no one could grudge the theologians the natural right of bringing forward everything that was required for their justification, even to the reasons which had determined them to give their consent, though of course they were in honour bound to show the utmost consideration; for this the petitioner himself was alone to blame.As a matter of fact, however, strange though it may seem, Philip’s intention all along had been ultimately to make the marriage public. It cannot be proved that he ever made any written promise to observe the recommendation of absolute secrecy made by the theologians. Those who drew up the memorandum disregarded his wish for publicity, and, on the contrary, “advised” that the matter should be kept a dead secret. Yet ought they not to have foreseen that a Prince so notoriously unscrupulous would be likely to disregard their “advice”? The theologians were certainly no men of the world if they really believed that the Landgrave’s bigamy—and their memorandum by which it was justified—would or could remain concealed. They themselves had allowed a number of other parties to be initiated into the secret, nor was it difficult to foresee that Philip, and Margaret’s ambitious mother, would not allowthe stigma of concubinage to rest permanently on the newly wedded bride. The mother had expressly stipulated that Margaret should be treated as a lawful wife and given this title, and not as a concubine, though of this the Wittenbergers were not aware.Further, the theological grounds for the Wittenberg “advice” must not be lost sight of in considering the question of the obligation of silence or secrecy. The theologians based their decision on a doctrine which they had already openly proclaimed. Nor did Luther ever withdraw from the standpoint that polygamy was lawful; he even proclaimed it during the height of the controversy raised by the Hessian bigamy, though he was careful to restrict it to very rare and exceptional cases and to make its use dependent on the consent of the authorities. Thus the grounds for the step he had taken in Philip’s favour were universally and publicly known just as much as his other theological doctrines. If, however, his teaching on this matter was true, then, strictly speaking, people had as much right to it as to every other piece of truth; in fact, it was the more urgent that this Evangelical discovery should not be put under a bushel, seeing that it would have been a veritable godsend to many who groaned in the bonds of matrimony. Hence everything, both on Philip’s side and on that of the theologians, pointed to publicity. But may, perhaps, the Wittenberg “advice” have been esteemed a sort of “counsel given in Confession,” and did its contents accordingly fall under the “secret of Confession”?The word “Confession,” in its sacramental meaning, was never used in connection with the affair dealt with at Wittenberg, either in Philip’s instructions to Bucer or in the theologians’ memorandum, nor does it occur in any of the few documents relating to the bigamy until about six months later. “Confession” is first alleged in the letter of excuse given below which Luther addressed to the Elector of Saxony. It is true that the expression “in the way of Confession” occurs once in the memorandum, but there it is used in an entirely different sense and in no way stamps the business as a matter of Confession. There it is stated (above, p. 21), that those who were to be apprised of the bigamy were to learn it “in the way of Confession.”Here the word Confession is employed by metonymy and merely emphasises the need of discretion. Here there was naturally no idea of the sacramental seal, or of the making of a real Confession. In the Middle Ages the term Confession was not seldom used to denote the imparting of an ordinary confidential secret, just as the word to confess originally meant to admit, to acknowledge, or to communicate something secret. This, however, was not the meaning attached to it by those who sought to shelter themselves behind the term in the controversies which ensued after the bigamy had become generally known. To vindicate the keeping secret of his so-called “advice in Confession,” Luther falls back upon his Catholic recollections of the entire secrecy required of the Confessor, in other words, on the sacramental “seal.”Undoubtedly the Seal of Confession is inexorable; according to the Catholic view it possesses a sacramental sanction and surrounds, like a protecting rampart, the sanctuary of the Sacrament of Penance, which otherwise would be shunned by all. But this absolute and sacramental obligation of silence attends only the administration of the Sacrament of Penance.The idea that Luther and his comrades when signing the “advice” were dispensing the Sacrament of Penance cannot but raise a smile. In connection with this matter non-Catholic theologians and historians would never have spoken as they have done of Luther as a Confessor, had they been better acquainted with the usages of the older Church. In the case of such writers all that is known of the system of Confession is often a few distorted quotations from casuists. Even under its altered form, as then in use among the Protestants, Confession could only mean an admission of one’s sins, made to obtain absolution. In Lutheranism, confession, so far as it was retained at all, meant the awakening and animating of faith by means of some sort of self-accusation completed by the assurance given by the preacher of the Divine promise and forgiveness, a process which bears no analogy to the “testimony” given by the theologians to Philip of Hesse. In the Catholic Church, moreover, in whose practice Luther seems anxious to take refuge, Confession involves an accusation of all grievous sins, contrition, a firm resolve to amend, satisfaction and absolution. Whatwas there of all this in the Landgrave’s so-called Confession?[92]Where was the authority to absolve, even had this been what the Landgrave sought? How then could there come into play the Seal of Confession, i.e. any sacramental obligation apart from the purely natural obligation of keeping silence concerning a communication made in confidence? Again, Confession, even according to Lutheran ideas, is not made at a distance, or to several persons simultaneously, or with the object of securing a signed document.Apart from all this one may even question whether the Landgrave’s disclosures were really honestly meant. Not everyone would have taken them from the outset as intended seriously, or have regarded them as above suspicion. Melanchthon, for instance, soon began to have doubts. (See below.) The readiness, nay, eagerness, shown by Philip later to repeat his Confession to others, to reinforce it by even more appalling admissions of wickedness, and to give it the fullest publicity, is really not favourable to the “Confession” idea; on the contrary, it reminds us of the morbid pleasure which persons habituated to vice and who have lost all respect whether for themselves or for the virtue of others, take in speaking openly of their moral lapses. The most important point to bear in mind is, however, the fact, that with Philip of Hesse it was a question of a marriage which he intended should be kept secret only for a time, and further that the Wittenbergers were aware of Philip’s readiness to lay his case before the Emperor, nay, even the Pope should necessity arise.[93]Owing to this they could not be blind to the possibility of the marriage, and, incidentally, of the Landgrave’s admission of moral necessity, and further of their own “advice” being all disclosed. Thus the “Seal of Confession” was threatened from the very first. Philip himself never recognised a binding obligation of secrecy on the part of the Wittenbergers; on the contrary, his invitation to them was: Speak out freely, now that the step has been taken with your sanction! What was Luther’s answer? He appealed to the Secret of the Confessional and refused to defend the act beforethe world and the Empire, but merely “before God”; all he was willing to do was to vindicate it “before God, by examples such as that of Abraham, etc., and to conceal it as much as possible.” And yet, to forestall what will be related below, full publicity would surely have been the best thing for himself, as then the world would at least have learnt that he was not desirous of introducing polygamy generally, and that the whole business had only been made common property through Philip’s disregard of the recommendation of secrecy. Instead of this, however, he preferred to profess his readiness (it was probably no more than a threat) to admit publicly that he had been in the wrong all along and had acted foolishly; here again, had he been true to his word, the “Secret of the Confessional” would assuredly have fared badly.Even in his letter of excuse to the Elector Johann Frederick concerning his sanction of the bigamy, Luther explained so much of the incident, that the “Seal of Confession” was practically violated; quite unmindful of the inviolability of the Seal he here declared, that he would have preferred to say nothing of the “counsel given in Confession had not necessity” forced him to do so. But what kind of Seal of Confession was this, we may ask, which could thus be set aside in case of necessity?Melanchthon acted differently. He, without any necessity, at once recounted everything that had happened to a friend in a letter eloquent with grief. He, the author of the “Counsel of Confession,” felt under no obligation to regard the Seal. He considers himself liberated, by Philip’s behaviour, from the obligation even of confidential secrecy.[94]Bucer expressed himself on Aug. 8, 1540, in a similar fashion concerning the counsel given to the Landgrave “in Confession”: Luther would certainly publish and defend it, should the “marriage have to be admitted” through no fault of the Landgrave’s.[95]No one, in fact, displayed the slightest scruple regarding the secrecy of the Confession—except Luther and those who re-echo his sentiments.According to the above we are justified in saying that the term “Counsel given in Confession” is in no wise descriptive of the Wittenberg document. The word “testimony,” or “certificate,” used both in Philip’s instructions and in an important passage of the document signed by Luther, Melanchthon and Bucer, is historically more correct; the terms “opinion” or “memorandum” are equally applicable.The Wittenbergers gave their testimony or opinion—such is the upshot of the matter—but no Dispensation or Counsel in Confession in the sense just determined. They gave a testimony, which was asked for that it might be made public, but which was given in confidence, which was moreover based on their openly expressed teaching, though it actually dealt only with Philip’s own case, a testimony which no longer involved them in any obligation of secrecy once the marriage had been made public by Philip, and once the latter had declared his intention of making the testimony public should circumstances demand it.Luther’s Embarrassment on the Bigamy becoming Public.At the commencement of June, 1540, Luther was in great distress on account of the Hessian bigamy. His embarrassment and excitement increased as the tidings flew far and wide, particularly when the Court of Dresden and his own Elector began to take fright at the scandal, and the danger of complications arising with the Emperor. On the other hand, Luther was not unaware of the Landgrave’s doubts as to whether he would stand by his written declaration. Jonas wrote from Wittenberg on June 10 to George of Anhalt: “Philip is much upset and Dr. Martin full of thought.”[96]On that very day Brück, the Electoral Chancellor, discussed the matter with both of them at Wittenberg. He acquainted them with his sovereign’s fears. They had gone too far, and the publication of the affair had had the most disastrous results; a young Princess and Landgravine had appeared on the scene, which was not at all what the Elector had expected; the Court of Dresden was loud in its complaints and spared not even the Elector; the Dresdenpeople were bringing forward against Luther what he had taught in favour of polygamy thirteen years before; the door had now been opened wide to polygamists.Not long after Luther wrote, that, were it necessary, he would know how to “extricate himself.”[97]Even before dropping this curious remark he had shown himself very anxious to make his position secure. It was with this object in view, that, after his interview with Brück, probably on the same day, he proceeded to explain the case to his sovereign in the lengthy letter[98]in which he appeals to Confession and its secrecy.“Before the world and against the laws of the Empire it cannot be defended,” but “we were desirous of glossing it over before God as much as possible with examples, such as that of Abraham, etc. All this was done and treated of as in Confession, so that we cannot be charged as though we had done it willingly and gladly, or with joy and pleasure.... I took into consideration the unavoidable necessity and weakness, and the danger to his conscience which Master Bucer had set forth.”Luther goes on to complain, that the Landgrave, by allowing this “matter of Confession” and “advice given in Confession” to become to a certain extent public, had caused all this “annoyance and contumely.” He relates in detail what Bucer, when seeking to obtain the Wittenberg sanction, had recounted concerning his master’s immorality, so contrary to the Evangel, “though he should be one of the mainstays of the party.” They had at first looked askance at the idea, but, on being told that “he was unable to relinquish it, and, should we not permit it, would do it in spite of us, and obtain permission from the Emperor or the Pope unless we were beforehand, we humbly begged His Serene Highness, if he was really set on it, and, as he declared, could not in conscience and before God do otherwise, that he would at least keep it secret.” This had been promised them [by Bucer]; their intention had been to “save his conscience as best we might.”Luther, far from showing himself remorseful for his indulgence, endeavours in his usual way to suppress any scruples of conscience: “Even to-day, were such a case to come before me again, I should not know how to give any other advice than what I then gave, nor would it trouble me should it afterwards become known.” “I am not ashamed of the testimony evenshould it come before the world, though, to be spared trouble, I should prefer it to be kept secret so long as possible.” Still, no angel would have induced him to give such advice “had he known that the Landgrave had long satisfied and could still satisfy his cravings on others, for instance, as I now learn, on lady von Essweg.” This lady was perhaps a relative of Rudolf Schenk, Landvogt of Eschwege on the Werra.[99]We may recall, that the proposal of taking a “concubine” in place of the too numerous “light women” had been made to Philip by his sister.[100]Luther goes on to excuse his conduct still further to the Elector: “Still less would I have advised a public marriage”; that the second wife was to become a Princess or Landgravine—a plan at which the whole Empire would take offence—had been kept from him altogether; “what I expected was, that, since he was obliged owing to the weakness of the flesh to follow the ordinary course of sin and shame, he would perhaps keep an honest girl in some house, and wed her secretly—though even this would look ill in the sight of the world—and thus overcome his great trouble of conscience; he could then ride backwards and forwards, as the great lords do frequently enough; similar advice I gave also to certain parish priests under Duke George and the bishops, viz. that they should marry their cook secretly.”Though what he here says may be worthy of credence, yet to apply the term Confession to what passed between Philip and Wittenberg is surely to introduce an alien element into the affair. Yet he does use the word three times in the course of the letter and seemingly lays great stress on it. The Confession, he says, covered all that had passed, and, because it “was seemly” to “keep matters treated of in Confession private” he and Melanchthon “preferred not to relate the matter and the counselgiven in Confession” to the Elector; but, since the Landgrave “had revealed the substance of the Confession and the advice,” it was easier for him to speak. Hence he would now reveal the “advice given in Confession; though I should much have preferred to keep it secret, unless necessity had forced it from me, now I am unable to do so.” The fact is, however, that the real Seal of Confession (and of this Luther was quite aware) does not allow the confessor who has received the Confession to make any communication or disclosure concerning it; even should the penitent make statements concerning other matters which occurred in the Confession, under no circumstances whatsoever, however serious these may be, not even in the case of danger to life and limb, may “necessity” “force out” anything. Although in this case Luther had not heard a Confession at all, yet he refers to the Secret of the Confessional with which he was acquainted from his Catholic days, and his own former exercise of it: “I have received in Confession many confidences, both in Popery and since, and given advice, but were there any question of making them public I should be obliged to say no.... Such matters are no business of the secular courts nor ought they to be made public.”This uncalled-for introduction of Confession was intended to save him from being obliged to admit his consent publicly; it was meant to reassure so weak a theologian as the Elector, who dreaded the scandal arising from Luther’s advice to commit bigamy, and the discussion of the case before the Imperial Court of Justice; possibly he also hoped it would serve against that other princely theologian, viz. the Landgrave, and cause him to withdraw his demand for a public acknowledgment of the sanction given. His tactics here remind us of Luther’s later denial, when he professed himself ready simply to deny the bigamy and his share in it—because everything had been merely a matter of Confession.Even in this first letter dealing with the question, he is clearly on the look-out for a loophole by which he may escape from the calamitous business.The publication of the “testimony” was to be prevented at all costs. But, as a matter of fact, not only did the “Seal of Confession” present no obstacle, but even the common secrecy referred to above (p. 31) was no longer binding. This had been cancelled by the indiscretion of the Landgrave. Moreover, apart from this, the natural obligation of secrecy did not extend to certain extreme cases which might have been foreseen by both parties and in theevent of which both would recover their freedom. It should be noted, that Luther hardly made any appeal to this natural obligation of secrecy, probably because it could not be turned to account so easily. The Seal of Confession promised to serve him better in circles so little acquainted with theology.In the second letter dealing with the bigamy, dated June 27, 1540, and addressed to Philip’s intimate, Eberhard von der Thann, Luther speaks with an eye on Hesse.[101]Thann, through Chancellor Brück, had informed him of what was being said of him there, and had asked what Luther would advise the Hessian Prince, and whether, in order to obviate other cases of polygamy in Hesse, it would be advisable for the authorities to issue an edict against the universal lawfulness of having several wives. Luther replied, that he agreed with the Landgrave’s intention as announced by Thann concerning his second marriage, viz. to wait until the Emperor “should approach His Serene Highness on the subject”; and then to write to the Emperor: “That he had taken a concubine but that he would be perfectly ready to put her away again if other Princes and Lords would set a good example.” If the Emperor were compelled “to regard the ‘lady’ as a concubine,” “no one else would dare to speak or think differently”; in this wise the real state of things would be “covered over and kept secret.” On the other hand, it would not be at all advisable to issue any edict, or to speak of the matter, for then “there would be no end or limit to gossip and suspicions.”“And I for my part am determined [here he comes to his ‘testimony’ and the meaning he now put on it] to keep silence concerning my part of the confession which I heard from His Serene Highness through Bucer, even should I suffer for it, for it is better that people should say that Dr. Martin acted foolishly in his concession to the Landgrave—for even great men have acted foolishly and do so, even now, as the saying goes: A wise man makes no small mistakes—rather than reveal the reasons why we secretly consented; for that would greatly disgrace and damage the reputation of the Landgrave, and would also make matters worse.” To the Elector his sovereign Luther had said that, even to-day, he “would not be able to give any differentadvice” and that he saw no reason to blush for it. Hence it is hard to believe that he seriously contemplated admitting that he had been guilty of an act of “folly” and had “acted foolishly.” It will be shown more clearly below what his object was in threatening such a repudiation of his advice to the Landgrave.In his letter to Thann, Luther decides in favour of the expedient suggested by the Hessian theologians, viz. of the amphibological use of the word concubine; here it should, however, be noted, that this term, if used officially to counteract the common report concerning the new marriage, plainly implied a denial of the reality of the bigamy.But how if the Landgrave were directly confronted in a Court of Justice with the question: Have you, or have you not, married two wives?Here belongs the third letter of Luther’s which we have on the subject and which was despatched to Hesse before the middle of July. It is addressed to “a Hessian Councillor” who has been identified, with some probability, as the Hessian Chancellor Johann Feige.[102]To the addressee, who was acquainted with the whole matter and had applied to Luther for his opinion on behalf of the Landgrave, the writer defines his own position still more clearly; if people say openly that the Landgrave has contracted a second marriage, all one need answer is, that this is not true, although it is true that he has contracted a secret union; hence he himself was wont to say, “the Landgrave’s other marriage is all nonsense.”The justification of this he finds in the theory of the secrecy of confession upon which he insists strongly in this letter. Not only is his own share in the matternilbecause ostensibly done in confession, but the marriage itself is merely a sort of “confession marriage,” a thing concealed and therefore non-existent so far as the world is concerned. “A secret affirmative cannot become a public affirmative ... a secret ‘yes’ remains a public ‘no’ and vice versa.... On this I take my stand; I say that the Landgrave’s second marriage isniland cannot be convincing to anyone. For, as they say, ‘palam,’ it is not true, and although it may be true ‘clam,’ yet that they may not tell.”He is very bitter about the Landgrave’s purpose of making the marriage and the Wittenberg “advice” public, should need arise. The fate of the latter was, in fact, his chief anxiety. “In this the Landgrave touches us too nearly, but himself even more, that he is determined to do ‘palam’ what we arranged with him ‘clam,’ and to make of a ‘nullum’ an ‘omne’; this we areunable either to defend or to answer for, and we should certainly come to high words.” The last sentence was, however, felt by Luther to be too strong and he accordingly struck it out of the letter.He also says that the Landgrave’s appeal to his sermon on Genesis would be of no avail, because he (Luther) had taught, both previous to and after it, that the law of Moses was not to be introduced, though some of it “might be used secretly in cases of necessity, or even publicly by order of the authorities.” But advice extorted from him in Confession by the distress of a suffering conscience could “not be held to constitute a true precedent in law.” He here touches upon a thought to which he was to return in entirely different circumstances: Neither the preachers, nor the Gospel, lay down outward laws, not even concerning religion; the secular authorities are the only legislators; ecclesiastical guidance comprises only advice, direction and the expounding of Scripture, and has to do only with the interior life, being without any jurisdiction, even spiritual; as public men, the pastors were appointed to preach, pray and give advice; to the individual they rendered service amidst the “secret needs of conscience.”[103]He thereby absolves himself from the consequence apparently involved in the step he had taken, viz. the introduction of polygamy as a “general right”; it does not follow that: “What you do from necessity, I have a right to do”; “necessity knows no law or precedent,” hence a man who is driven by hunger to steal bread, or who kills in self-defence is not punished, yet what thus holds in cases of necessity cannot be taken as a law or rule. On the other hand, Luther will not listen to the proposal then being made in Hesse, viz. that, in order to counteract the bad example, a special edict should be issued declaring polygamy unlawful as a general rule, but allowable in an exceptional case, on the strength “of secret advice given in Confession”; on the contrary, it would be far better simply to denounce polygamy as unlawful.Hence if the Landgrave, so Luther concludes, “will not forsake the sweetheart” on whom “he has so set his heart that she has become a need to him,” and if, moreover, he will “keep her out of the way,” then “we theologians and confessors shall vindicate it before God, as a case of necessity to be excused by the examples of Genesis. But defend it before the world and ‘iure nunc regente,’ that we cannot and shall not do. Short of this the Landgrave may count upon our best service.”The Landgrave was, however, not satisfied with either of these letters, both of which came into his hands. Hewanted from Luther a clear and public admission of his share in the business, which, to the Prince’s peril, had now become as good as public, and threatened to constitute a precedent. By this invitation the Prince naturally released Luther from all obligation of secrecy. Even the making public of the immorality, which had served as a pretext for the new marriage, he did not mind in the least, for his laxity in morals was already a matter of common knowledge; he discussed his lapses with the theologians as openly as though all of them had been his confessors and spiritual directors; he was also quite ready to repeat his admissions, “as in Confession,” before secular witnesses. Such was the depth of depravity into which his passions had brought him.Yielding to pressure brought to bear on him by Saxony, Luther had meanwhile conceived the idea of publishing a work against polygamy. The new expedient had indeed been foreshadowed in his last letter. On June 17, 1540, Jonas wrote to George of Anhalt that Luther might be expected to write a work “Contra polygamiam.”[104]Martin Beyer of Schaffhausen, on his return from Wittenberg, also brought the news, so Bullinger was informed, that “Luther was being compelled by the Hessian business to write a work against the plurality of wives.”[105]The project was, however, never realised, probably on account of the insuperable difficulties it involved.But though this work never saw the light, history has preserved for us a number of Luther’s familiar conversations, dating from this period and taken down directly from his lips, utterances which have every claim to consideration and faithfully mirror his thoughts.Luther’s Private Utterances Regarding the Bigamy.The Table-Talk, dating from the height of the hubbub caused by the bigamy, affords us a vivid psychological picture of Luther.Of this Table-Talk we have the detailed and authentic notes from the pen of Johann Mathesius, who was present. These notes, in their best form, became known only in 1903,thanks to Kroker’s edition, but, for the better understanding of Luther’s personality, his intimate descriptions of what was passing in his mind are of inestimable value. Conjointly with the principal passage, which probably dates from June 18, 1540, other sayings dropped regarding the same matter may be considered.[106]The scene in the main was as follows: The usual guests, among them the disciples with their note-books, were assembled after the evening meal in Luther’s house, grouped around the master, who seemed sunk in thought; Melanchthon, however, was missing, for he lay seriously ill at Weimar, overwhelmed by anxiety now that his consent to the bigamy was leaking out. Whilst yet at table two letters were handed to Luther, the first from Brück, the Electoral Chancellor, the second from the Elector himself. Both referred to Melanchthon. The Elector requested Luther to betake himself as soon as possible to Weimar to his friend, who seemed in danger of death, and informed him at the same time of the measures threatened by the Landgrave in the matter of the second marriage.Luther, after glancing at Brück’s missive concerning Melanchthon, said to the guests: “Philip is pining away for vexation, and has fallen into a fever (‘tertiana’). But why does the good fellow crucify himself so about this business? All his anxiety will do no good. I do wish I were with him! I know how sensitive he is. The scandal pains him beyond measure. I, on the other hand, have a thick skin, I am a peasant, a hard Saxon when such × are concerned.[107]I expect I shall be summoned to Philip.”Someone thereupon interjected the remark: “Doctor, perhaps the Colloquium [which was to be held at Hagenau] will not now take place”; Luther replied: “They will certainly have to wait for us....”A second messenger now came in with the Elector’s letter, conveying the expected summons to proceed to Weimar. On the reader the news it contained concerning the Landgrave fell like the blows of a sledge-hammer. After attentively perusing the letter “with an earnest mien,” he said: “Philip the Landgrave is cracked; he is now asking the Emperor to let him keep both wives.”The allusion to the Landgrave’s mental state is explained by a former statement of Luther’s made in connection with some words uttered by the Landgrave’s father: “The old Landgrave[William II] used to say to his son Philip: ‘If you take after your mother, then you won’t come to much; if you take after me, you will have nothing about you that I can praise; if you take after both of us, then you will be a real demon.’” Luther had added: “I fear he is also mad, for it runs in the family.”[108]“And Philip [Melanchthon] said: ‘This [the bigamy] is the beginning of his insanity.’”[109]When Luther re-entered, so the narrator continues, “he was as cheerful as could be, and he said to us: ‘It is grand having something to do, for then we get ideas; otherwise we do nothing but feed and swill. How our Papists will scream! But let them howl to their own destruction. Our cause is a good one and no fault is to be found with our way of life, or rather [he corrects himself] with the life of those who take it seriously. If the Hessian Landgrave has sinned, then that is sin and a scandal. That we have frequently discounselled by good and holy advice; they have seen our innocence and yet refuse to see it. Hence they [the Papists] are now forced to look the Hessianin anum[110](i.e. are witnesses of his shame). But they will be brought to destruction by [our] scandals because they refuse to listen to the pure doctrine; for God will not on this account forsake us or His Word, or spare them, even though we have our share of sin, for He has resolved to overthrow the Papacy. That has been decreed by God, as we read in Daniel, where it is foretold of him [Antichrist] who is even now at the door: “And none shall help him” (Dan. xi. 45). In former times no power was able to root out the Pope; in our own day no one will be able to help him, because Antichrist is revealed.’”Thus amidst the trouble looming he finds his chief consolation in his fanatical self-persuasion that the Papacy must fall and that he is the chosen instrument to bring this about, i.e. in his supposed mission to thwart Antichrist, a Divine mission which could not be contravened. Hence his pseudo-mysticism was once again made to serve his purpose.“If scandals occur amongst us,” he continues, “let us not forget that they existed in Christ’s own circle. The Pharisees were doubtless in glee over our Lord Christ on account of the wickedness of Judas. In the same way the Landgrave has become a Judas to us. ‘Ah, the new prophet has such followers [as Judas, cried the foes of Christ!] What good can come of Christ?’—But because they refused to open their eyes to the miracles, they were forced to see ‘Christum Crucifixum’ and ... later to see and suffer under Titus. But our sins may obtain pardon and be easily remedied; it is only necessary thatthe Emperor should forbid [the bigamy], or that our Princes should intercede [for the Hessian], which they are at liberty to do, or that he should repudiate the step he took.”“David also fell, and surely there were greater scandals under Moses in the wilderness. Moses caused his own masters to be slain.... But God had determined to drive out the heathen, hence the scandals amongst the Jews availed not to prevent it. Thus, too, our sins are pardonable, but not those of the Papists; for they are contemners of God, crucify Christ and, though they know better, defend their blasphemies.”“What advantage do they expect of it,” he goes on to ask in an ironical vein; “they put men to death, but we work for life and take many wives.” This he said, according to the notes, “with a joyful countenance and amidst loud laughter.”[111]“God has resolved to vex the people, and, when my turn comes, I will give them hard words and tell them to look Marcolfus ‘in anum’ since they refuse to look him in the face.” He then went on: “I don’t see why I should trouble myself about the matter. I shall commend it to our God. Should the Macedonian [the Landgrave] desert us, Christ will stand by us, the blessed Schevlimini [כש ליםיבי: Sit at my right hand (Ps. cix. 1)]. He has surely brought us out of even tighter places. The restitution of Würtemberg puts this scandal into the shade, and the Sacramentarians and the revolt [of the Peasants]; and yet God delivered us out of all that.” What he means to say is: Even greater scandal was given by Philip of Hesse when he imposed on Würtemberg the Protestant Duke Ulrich, heedless of the rights of King Ferdinand and of the opposition of the Emperor and the Church;[112]in the same way the ever-recurring dissensions on the Sacrament were an even greater scandal, and so was the late Peasant War which threatened worse things to the Evangelical cause than the Hessian affair.“Should the Landgrave fall away from us.”—This fear lest Philip should desert their party Luther had expressed in some rather earlier utterances in 1540, when he had described more particularly the Landgrave’s character and attitude. “A strange man!” he says of him. “He was born under a star. He is bent upon having his own way, and so fancies he will obtain the approval of Emperor and Pope. It may be that he will fall away from us on account of this affair.... He is a real Hessian; he cannot be still nor does he know how to yield. When once this business is over he will be hatching something else. But perhapsdeath will carry him, or her (Margaret), off before.” A Hessian Councillor who was present quite bore out what Luther had said: Nothing was of any avail with the Landgrave, “what he once undertakes he cannot be induced to give up.” In proof of this those present instanced the violence and utter injustice of the raid made on Würtemberg. “Because he is such a strange character,” Luther remarked, “I must let it pass. The Emperor, moreover, will certainly not let him have his way.”[113]“No sensible man would have undertaken that campaign, but he, carried away by fury, managed it quite well. Only wait a little! It [the new scandal] will pass!” Luther was also ready to acknowledge that the Landgrave, in spite of the promises and offers of the Emperor and Duke of Saxony, had remained so far “very faithful” to the Evangel.[114]
On June 9 Jonas wrote from Wittenberg, where he was staying with Luther—who himself was as silent as the tomb—to George of Anhalt: Both in the Meissen district and at Wittenberg there is “much gossip” (‘ingens fama’) of bigamy with a certain von Sale, though, probably, it was only “question of a concubine.”[78]Five days later, however, he relates, that “at Würzburg and similar [Catholic] localities the Papists and Canons were expressing huge delight” over the bigamy.[79]The behaviour of the Landgrave’s sister had helped to spread the news. On March 13 the Landgrave, through Marshal von Hundelshausen, had informed the latter of the fact, as he had formally promised Margaret’s mother to do. The “lady began to weep, made a great outcry and abused Luther and Bucer as a pair of incarnate scamps.”[80]She was unable to reconcile herself to the bigamy or to refrain from complaining to others. “My angry sister has been unable to hold her tongue,” wrote the Landgrave Philip on June 8.[81]The Ducal Court of Saxony at Dresden was anxious for reliable information. Duke Henry was a patron of Lutheranism, but one of the motives for his curiosity in this matter is to be found in the fact that the Landgrave was claiming a portion of the inheritance of the late Duke George, who had died on April 17, 1539. In accordance with Henry’s orders Anna von der Sale, as a subject of the Saxon duchy, was removed by force on June 3 from her residence at Schönfeld and carried to Dresden. There the mother confessed everything and declared, not without pride, that her daughter Margaret “was as much the rightful wife of the Landgrave as Christina.”[82]About Whitsun the Landgrave personally admitted the fact to Maurice of Saxony.The Court of Dresden at once informed the Elector of Saxony of its discovery and of the very unfavourable manner in which the news had been received, and the latter, in turn, communicated it, through Chancellor Brück, to Luther and Melanchthon.The Elector Johann Frederick, in view of the change of circumstances, became more and more vexed with the marriage. To a certain extent he stood under the influence of Elisabeth Duchess of Rochlitz. In his case, too, the question of property played a part, viz. whether, in view of the understanding existing between Hesse and Saxony as to the succession, the children of the second wife were to become the heirs in the event of the death of the children of the first wife, this being what the Landgrave demanded. Above all, however, the cautious Elector was anxious about the attitude of the Empire and Emperor. He feared lest steps should be taken against the general scandal which had been given and to obviate the danger of the spread of polygamous ideas. Hence he was not far from withdrawing from Luther the favour he had hitherto shown him, the more so now that the Court of Dresden was intent on raising trouble against all who had furthered the Landgrave’s plan.Meanwhile the news rapidly spread, partly owing to persons belonging to the Court. It reached King Ferdinand, and, by him,and still more by Morone, the Nuncio, it was carried to the Emperor.Morone wrote on June 15, from the religious conference then proceeding at Hagenau, to Cardinal Farnese at Rome: “During the lifetime of his first wife, a daughter of Duke George of Saxony of good memory, the Landgrave of Hesse, has, as we hear, taken a second wife, a lady of distinction, von der Sale by name, a native of Saxony. It is said, his theologians teach that it is not forbidden to Christians to have several wives, except in the case of a Bishop, because there is no such prohibition in Holy Scripture. I can hardly credit it, but since God has ‘given them over to a reprobate mind’ [Rom. i. 28] and as the King has assured me that he has heard it from several quarters, I give you the report for what it is worth.”[83]
On June 9 Jonas wrote from Wittenberg, where he was staying with Luther—who himself was as silent as the tomb—to George of Anhalt: Both in the Meissen district and at Wittenberg there is “much gossip” (‘ingens fama’) of bigamy with a certain von Sale, though, probably, it was only “question of a concubine.”[78]Five days later, however, he relates, that “at Würzburg and similar [Catholic] localities the Papists and Canons were expressing huge delight” over the bigamy.[79]
The behaviour of the Landgrave’s sister had helped to spread the news. On March 13 the Landgrave, through Marshal von Hundelshausen, had informed the latter of the fact, as he had formally promised Margaret’s mother to do. The “lady began to weep, made a great outcry and abused Luther and Bucer as a pair of incarnate scamps.”[80]She was unable to reconcile herself to the bigamy or to refrain from complaining to others. “My angry sister has been unable to hold her tongue,” wrote the Landgrave Philip on June 8.[81]The Ducal Court of Saxony at Dresden was anxious for reliable information. Duke Henry was a patron of Lutheranism, but one of the motives for his curiosity in this matter is to be found in the fact that the Landgrave was claiming a portion of the inheritance of the late Duke George, who had died on April 17, 1539. In accordance with Henry’s orders Anna von der Sale, as a subject of the Saxon duchy, was removed by force on June 3 from her residence at Schönfeld and carried to Dresden. There the mother confessed everything and declared, not without pride, that her daughter Margaret “was as much the rightful wife of the Landgrave as Christina.”[82]About Whitsun the Landgrave personally admitted the fact to Maurice of Saxony.
The Court of Dresden at once informed the Elector of Saxony of its discovery and of the very unfavourable manner in which the news had been received, and the latter, in turn, communicated it, through Chancellor Brück, to Luther and Melanchthon.
The Elector Johann Frederick, in view of the change of circumstances, became more and more vexed with the marriage. To a certain extent he stood under the influence of Elisabeth Duchess of Rochlitz. In his case, too, the question of property played a part, viz. whether, in view of the understanding existing between Hesse and Saxony as to the succession, the children of the second wife were to become the heirs in the event of the death of the children of the first wife, this being what the Landgrave demanded. Above all, however, the cautious Elector was anxious about the attitude of the Empire and Emperor. He feared lest steps should be taken against the general scandal which had been given and to obviate the danger of the spread of polygamous ideas. Hence he was not far from withdrawing from Luther the favour he had hitherto shown him, the more so now that the Court of Dresden was intent on raising trouble against all who had furthered the Landgrave’s plan.
Meanwhile the news rapidly spread, partly owing to persons belonging to the Court. It reached King Ferdinand, and, by him,and still more by Morone, the Nuncio, it was carried to the Emperor.
Morone wrote on June 15, from the religious conference then proceeding at Hagenau, to Cardinal Farnese at Rome: “During the lifetime of his first wife, a daughter of Duke George of Saxony of good memory, the Landgrave of Hesse, has, as we hear, taken a second wife, a lady of distinction, von der Sale by name, a native of Saxony. It is said, his theologians teach that it is not forbidden to Christians to have several wives, except in the case of a Bishop, because there is no such prohibition in Holy Scripture. I can hardly credit it, but since God has ‘given them over to a reprobate mind’ [Rom. i. 28] and as the King has assured me that he has heard it from several quarters, I give you the report for what it is worth.”[83]
Philip of Hesse, who was already in disgrace with the Emperor on account of his expedition into Würtemberg and his support of Duke Ulrich, knew the penalties which he might expect unless he found some means of escape. The “Carolina” (1532) decreed “capital punishment” against bigamists, no less than against adulterers.[84]The Landgrave himself was even fully prepared to forfeit one-third of his possessions should it be impossible to arrive otherwise at a settlement.[85]He now openly declared—as he had already hinted he would—that, in case of necessity, he would make humble submission to the Emperor; if the worst came to the worst, then he would also make public the memorandum he had received from Wittenberg in order to exculpate himself—a threat which filled the Elector with alarm on account of his University and of Luther.
Bucer, the first to be summoned to the aid of the Hessian Court, advised the Landgrave to escape from his unfortunate predicament by downright lying. He wrote: If concealment and equivocation should prove of no avail, he was to state in writing that false rumours concerning his person had come into circulation, and that no Christian was allowed to have two wives at the same time; he was also to replace the marriage-contract by another contract inwhich Margaret might be described as a concubine—such as God had allowed to His beloved friends—and not as a wife within the meaning of the calamitous Imperial Law; an effort was also to be made to induce the Court of Dresden to keep silence, or to deny any knowledge of the business, and, in the meantime, the “lady” might be kept even more carefully secluded than before.[86]
The Landgrave’s reply was violent in the extreme. He indignantly rejected Bucer’s suggestion; the dissimulation alleged to have been practised by others, notably by the Patriarchs, Judges, Kings and Prophets, etc., in no wise proved the lawfulness of lying; Bucer had “been instigated to make such proposals by some worldly-wise persons and jurists whom we know well.”[87]Philip wrote to the same effect to the Lutheran theologians, Schnepf, Osiander and Brenz, who urged him to deny that Margaret was his lawful wife: “That, when once the matter has become quite public, we should assert that it was invalid, this we cannot bring ourselves to do. We cannot tell a lie, for to lie does not become any man. And, moreover, God has forbidden lying. So long as it is possible we shall certainly reply ‘dubitative’ or ‘per amphibologiam,’ but to say that it is invalid, such advice you may give to another, but not to us.”[88]
The “amphibologia” had been advised by the Hessian theologians, who had pointed out that Margaret could best be described to the Imperial Court of Justice as a “concubina,” since, in the language of the Old Testament, as also in that of the ancient Church, this word had sometimes been employed to describe a lawful wife.[89]They also wrote to Luther and Melanchthon, fearing that they might desert the Landgrave, telling them that they were expected to stand by their memorandum. Although they were in favour of secrecy, yet they wished that, in case of necessity, the Wittenbergers should publicly admit their share. Good care would be taken to guard against the general introduction of polygamy.[90]
Was the document signed by Luther, Melanchthon and Bucer a dispensation for bigamy?
It has been so described. But, even according to the very wording of the memorandum, the signatories had no intention of issuing a dispensation. On the contrary, according to the text, they, as learned theologians, declared that the Divine Law, as they understood it, gave a general sanction, according to which, in cases such as that of Philip of Hesse, polygamy was allowed. It is true that they and Philip himself repeatedly use the word “dispensation,” but by this they meant to describe the alleged general sanction in accordance with which the law admitted of exceptions in certain cases, hence their preference for the term “to use” the dispensation, instead of the more usual “to beg” or “to grant.” Philip is firmly resolved “to use” the dispensation brought to his knowledge by Luther’s writings, and the theologians, taking their cue from him, likewise speak of his “using” it in his own case.[91]
It was the same with the “dispensation” which the Wittenbergers proposed to Henry VIII of England. (See above, p. 4 f.) They had no wish to invest him with an authority which, according to their ideas, he did not possess, but they simply drew his attention to the freedom common to all, and declared by them to be bestowed by God, viz. in his case, of taking a second wife, telling him that he was free to have recourse to this dispensation. In other words, they gave him the power to dispense himself, regardless of ecclesiastical laws and authorities.
Another question: How far was the substance of the advice given in the Hessian case to be regarded as a secret? Can it really be spoken of as a “counsel given in confession,” or as a “secret of the confessional”?
This question later became of importance in the negotiations which turned upon the memorandum. In order to answer it without prejudice it is essential in the first place to point out, that the subsequent interpretations and evasions must not here be taken into account. The actualwording of the document and its attendant historical circumstances have alone to be taken into consideration, abstraction being made of the fine distinctions and meanings afterwards read into it.
First, there is no doubt that both the Landgrave’s request for the Wittenberg testimony and its granting were intended to be confidential and not public. Philip naturally assumed that the most punctilious secrecy would be preserved so long as no decision had been arrived at, seeing that he had made confidential disclosures concerning his immorality in pleading for a second marriage. The Wittenbergers, as they explicitly state, gave their reply not merely unwillingly, with repugnance and with great apprehension of the scandal which might ensue, but also most urgently recommended Philip to keep the bigamy to himself. Both the request and the theological testimony accordingly came under the natural obligation of silence, i.e. under the so-called confidential seal of secrecy. This, however, was of course broken when the suppliant on his part allowed the matter to become public; in such a case no one could grudge the theologians the natural right of bringing forward everything that was required for their justification, even to the reasons which had determined them to give their consent, though of course they were in honour bound to show the utmost consideration; for this the petitioner himself was alone to blame.
As a matter of fact, however, strange though it may seem, Philip’s intention all along had been ultimately to make the marriage public. It cannot be proved that he ever made any written promise to observe the recommendation of absolute secrecy made by the theologians. Those who drew up the memorandum disregarded his wish for publicity, and, on the contrary, “advised” that the matter should be kept a dead secret. Yet ought they not to have foreseen that a Prince so notoriously unscrupulous would be likely to disregard their “advice”? The theologians were certainly no men of the world if they really believed that the Landgrave’s bigamy—and their memorandum by which it was justified—would or could remain concealed. They themselves had allowed a number of other parties to be initiated into the secret, nor was it difficult to foresee that Philip, and Margaret’s ambitious mother, would not allowthe stigma of concubinage to rest permanently on the newly wedded bride. The mother had expressly stipulated that Margaret should be treated as a lawful wife and given this title, and not as a concubine, though of this the Wittenbergers were not aware.
Further, the theological grounds for the Wittenberg “advice” must not be lost sight of in considering the question of the obligation of silence or secrecy. The theologians based their decision on a doctrine which they had already openly proclaimed. Nor did Luther ever withdraw from the standpoint that polygamy was lawful; he even proclaimed it during the height of the controversy raised by the Hessian bigamy, though he was careful to restrict it to very rare and exceptional cases and to make its use dependent on the consent of the authorities. Thus the grounds for the step he had taken in Philip’s favour were universally and publicly known just as much as his other theological doctrines. If, however, his teaching on this matter was true, then, strictly speaking, people had as much right to it as to every other piece of truth; in fact, it was the more urgent that this Evangelical discovery should not be put under a bushel, seeing that it would have been a veritable godsend to many who groaned in the bonds of matrimony. Hence everything, both on Philip’s side and on that of the theologians, pointed to publicity. But may, perhaps, the Wittenberg “advice” have been esteemed a sort of “counsel given in Confession,” and did its contents accordingly fall under the “secret of Confession”?
The word “Confession,” in its sacramental meaning, was never used in connection with the affair dealt with at Wittenberg, either in Philip’s instructions to Bucer or in the theologians’ memorandum, nor does it occur in any of the few documents relating to the bigamy until about six months later. “Confession” is first alleged in the letter of excuse given below which Luther addressed to the Elector of Saxony. It is true that the expression “in the way of Confession” occurs once in the memorandum, but there it is used in an entirely different sense and in no way stamps the business as a matter of Confession. There it is stated (above, p. 21), that those who were to be apprised of the bigamy were to learn it “in the way of Confession.”Here the word Confession is employed by metonymy and merely emphasises the need of discretion. Here there was naturally no idea of the sacramental seal, or of the making of a real Confession. In the Middle Ages the term Confession was not seldom used to denote the imparting of an ordinary confidential secret, just as the word to confess originally meant to admit, to acknowledge, or to communicate something secret. This, however, was not the meaning attached to it by those who sought to shelter themselves behind the term in the controversies which ensued after the bigamy had become generally known. To vindicate the keeping secret of his so-called “advice in Confession,” Luther falls back upon his Catholic recollections of the entire secrecy required of the Confessor, in other words, on the sacramental “seal.”
Undoubtedly the Seal of Confession is inexorable; according to the Catholic view it possesses a sacramental sanction and surrounds, like a protecting rampart, the sanctuary of the Sacrament of Penance, which otherwise would be shunned by all. But this absolute and sacramental obligation of silence attends only the administration of the Sacrament of Penance.
The idea that Luther and his comrades when signing the “advice” were dispensing the Sacrament of Penance cannot but raise a smile. In connection with this matter non-Catholic theologians and historians would never have spoken as they have done of Luther as a Confessor, had they been better acquainted with the usages of the older Church. In the case of such writers all that is known of the system of Confession is often a few distorted quotations from casuists. Even under its altered form, as then in use among the Protestants, Confession could only mean an admission of one’s sins, made to obtain absolution. In Lutheranism, confession, so far as it was retained at all, meant the awakening and animating of faith by means of some sort of self-accusation completed by the assurance given by the preacher of the Divine promise and forgiveness, a process which bears no analogy to the “testimony” given by the theologians to Philip of Hesse. In the Catholic Church, moreover, in whose practice Luther seems anxious to take refuge, Confession involves an accusation of all grievous sins, contrition, a firm resolve to amend, satisfaction and absolution. Whatwas there of all this in the Landgrave’s so-called Confession?[92]Where was the authority to absolve, even had this been what the Landgrave sought? How then could there come into play the Seal of Confession, i.e. any sacramental obligation apart from the purely natural obligation of keeping silence concerning a communication made in confidence? Again, Confession, even according to Lutheran ideas, is not made at a distance, or to several persons simultaneously, or with the object of securing a signed document.
Apart from all this one may even question whether the Landgrave’s disclosures were really honestly meant. Not everyone would have taken them from the outset as intended seriously, or have regarded them as above suspicion. Melanchthon, for instance, soon began to have doubts. (See below.) The readiness, nay, eagerness, shown by Philip later to repeat his Confession to others, to reinforce it by even more appalling admissions of wickedness, and to give it the fullest publicity, is really not favourable to the “Confession” idea; on the contrary, it reminds us of the morbid pleasure which persons habituated to vice and who have lost all respect whether for themselves or for the virtue of others, take in speaking openly of their moral lapses. The most important point to bear in mind is, however, the fact, that with Philip of Hesse it was a question of a marriage which he intended should be kept secret only for a time, and further that the Wittenbergers were aware of Philip’s readiness to lay his case before the Emperor, nay, even the Pope should necessity arise.[93]Owing to this they could not be blind to the possibility of the marriage, and, incidentally, of the Landgrave’s admission of moral necessity, and further of their own “advice” being all disclosed. Thus the “Seal of Confession” was threatened from the very first. Philip himself never recognised a binding obligation of secrecy on the part of the Wittenbergers; on the contrary, his invitation to them was: Speak out freely, now that the step has been taken with your sanction! What was Luther’s answer? He appealed to the Secret of the Confessional and refused to defend the act beforethe world and the Empire, but merely “before God”; all he was willing to do was to vindicate it “before God, by examples such as that of Abraham, etc., and to conceal it as much as possible.” And yet, to forestall what will be related below, full publicity would surely have been the best thing for himself, as then the world would at least have learnt that he was not desirous of introducing polygamy generally, and that the whole business had only been made common property through Philip’s disregard of the recommendation of secrecy. Instead of this, however, he preferred to profess his readiness (it was probably no more than a threat) to admit publicly that he had been in the wrong all along and had acted foolishly; here again, had he been true to his word, the “Secret of the Confessional” would assuredly have fared badly.
Even in his letter of excuse to the Elector Johann Frederick concerning his sanction of the bigamy, Luther explained so much of the incident, that the “Seal of Confession” was practically violated; quite unmindful of the inviolability of the Seal he here declared, that he would have preferred to say nothing of the “counsel given in Confession had not necessity” forced him to do so. But what kind of Seal of Confession was this, we may ask, which could thus be set aside in case of necessity?
Melanchthon acted differently. He, without any necessity, at once recounted everything that had happened to a friend in a letter eloquent with grief. He, the author of the “Counsel of Confession,” felt under no obligation to regard the Seal. He considers himself liberated, by Philip’s behaviour, from the obligation even of confidential secrecy.[94]Bucer expressed himself on Aug. 8, 1540, in a similar fashion concerning the counsel given to the Landgrave “in Confession”: Luther would certainly publish and defend it, should the “marriage have to be admitted” through no fault of the Landgrave’s.[95]No one, in fact, displayed the slightest scruple regarding the secrecy of the Confession—except Luther and those who re-echo his sentiments.
According to the above we are justified in saying that the term “Counsel given in Confession” is in no wise descriptive of the Wittenberg document. The word “testimony,” or “certificate,” used both in Philip’s instructions and in an important passage of the document signed by Luther, Melanchthon and Bucer, is historically more correct; the terms “opinion” or “memorandum” are equally applicable.
The Wittenbergers gave their testimony or opinion—such is the upshot of the matter—but no Dispensation or Counsel in Confession in the sense just determined. They gave a testimony, which was asked for that it might be made public, but which was given in confidence, which was moreover based on their openly expressed teaching, though it actually dealt only with Philip’s own case, a testimony which no longer involved them in any obligation of secrecy once the marriage had been made public by Philip, and once the latter had declared his intention of making the testimony public should circumstances demand it.
At the commencement of June, 1540, Luther was in great distress on account of the Hessian bigamy. His embarrassment and excitement increased as the tidings flew far and wide, particularly when the Court of Dresden and his own Elector began to take fright at the scandal, and the danger of complications arising with the Emperor. On the other hand, Luther was not unaware of the Landgrave’s doubts as to whether he would stand by his written declaration. Jonas wrote from Wittenberg on June 10 to George of Anhalt: “Philip is much upset and Dr. Martin full of thought.”[96]
On that very day Brück, the Electoral Chancellor, discussed the matter with both of them at Wittenberg. He acquainted them with his sovereign’s fears. They had gone too far, and the publication of the affair had had the most disastrous results; a young Princess and Landgravine had appeared on the scene, which was not at all what the Elector had expected; the Court of Dresden was loud in its complaints and spared not even the Elector; the Dresdenpeople were bringing forward against Luther what he had taught in favour of polygamy thirteen years before; the door had now been opened wide to polygamists.
Not long after Luther wrote, that, were it necessary, he would know how to “extricate himself.”[97]Even before dropping this curious remark he had shown himself very anxious to make his position secure. It was with this object in view, that, after his interview with Brück, probably on the same day, he proceeded to explain the case to his sovereign in the lengthy letter[98]in which he appeals to Confession and its secrecy.
“Before the world and against the laws of the Empire it cannot be defended,” but “we were desirous of glossing it over before God as much as possible with examples, such as that of Abraham, etc. All this was done and treated of as in Confession, so that we cannot be charged as though we had done it willingly and gladly, or with joy and pleasure.... I took into consideration the unavoidable necessity and weakness, and the danger to his conscience which Master Bucer had set forth.”
Luther goes on to complain, that the Landgrave, by allowing this “matter of Confession” and “advice given in Confession” to become to a certain extent public, had caused all this “annoyance and contumely.” He relates in detail what Bucer, when seeking to obtain the Wittenberg sanction, had recounted concerning his master’s immorality, so contrary to the Evangel, “though he should be one of the mainstays of the party.” They had at first looked askance at the idea, but, on being told that “he was unable to relinquish it, and, should we not permit it, would do it in spite of us, and obtain permission from the Emperor or the Pope unless we were beforehand, we humbly begged His Serene Highness, if he was really set on it, and, as he declared, could not in conscience and before God do otherwise, that he would at least keep it secret.” This had been promised them [by Bucer]; their intention had been to “save his conscience as best we might.”Luther, far from showing himself remorseful for his indulgence, endeavours in his usual way to suppress any scruples of conscience: “Even to-day, were such a case to come before me again, I should not know how to give any other advice than what I then gave, nor would it trouble me should it afterwards become known.” “I am not ashamed of the testimony evenshould it come before the world, though, to be spared trouble, I should prefer it to be kept secret so long as possible.” Still, no angel would have induced him to give such advice “had he known that the Landgrave had long satisfied and could still satisfy his cravings on others, for instance, as I now learn, on lady von Essweg.” This lady was perhaps a relative of Rudolf Schenk, Landvogt of Eschwege on the Werra.[99]We may recall, that the proposal of taking a “concubine” in place of the too numerous “light women” had been made to Philip by his sister.[100]Luther goes on to excuse his conduct still further to the Elector: “Still less would I have advised a public marriage”; that the second wife was to become a Princess or Landgravine—a plan at which the whole Empire would take offence—had been kept from him altogether; “what I expected was, that, since he was obliged owing to the weakness of the flesh to follow the ordinary course of sin and shame, he would perhaps keep an honest girl in some house, and wed her secretly—though even this would look ill in the sight of the world—and thus overcome his great trouble of conscience; he could then ride backwards and forwards, as the great lords do frequently enough; similar advice I gave also to certain parish priests under Duke George and the bishops, viz. that they should marry their cook secretly.”Though what he here says may be worthy of credence, yet to apply the term Confession to what passed between Philip and Wittenberg is surely to introduce an alien element into the affair. Yet he does use the word three times in the course of the letter and seemingly lays great stress on it. The Confession, he says, covered all that had passed, and, because it “was seemly” to “keep matters treated of in Confession private” he and Melanchthon “preferred not to relate the matter and the counselgiven in Confession” to the Elector; but, since the Landgrave “had revealed the substance of the Confession and the advice,” it was easier for him to speak. Hence he would now reveal the “advice given in Confession; though I should much have preferred to keep it secret, unless necessity had forced it from me, now I am unable to do so.” The fact is, however, that the real Seal of Confession (and of this Luther was quite aware) does not allow the confessor who has received the Confession to make any communication or disclosure concerning it; even should the penitent make statements concerning other matters which occurred in the Confession, under no circumstances whatsoever, however serious these may be, not even in the case of danger to life and limb, may “necessity” “force out” anything. Although in this case Luther had not heard a Confession at all, yet he refers to the Secret of the Confessional with which he was acquainted from his Catholic days, and his own former exercise of it: “I have received in Confession many confidences, both in Popery and since, and given advice, but were there any question of making them public I should be obliged to say no.... Such matters are no business of the secular courts nor ought they to be made public.”
Luther goes on to complain, that the Landgrave, by allowing this “matter of Confession” and “advice given in Confession” to become to a certain extent public, had caused all this “annoyance and contumely.” He relates in detail what Bucer, when seeking to obtain the Wittenberg sanction, had recounted concerning his master’s immorality, so contrary to the Evangel, “though he should be one of the mainstays of the party.” They had at first looked askance at the idea, but, on being told that “he was unable to relinquish it, and, should we not permit it, would do it in spite of us, and obtain permission from the Emperor or the Pope unless we were beforehand, we humbly begged His Serene Highness, if he was really set on it, and, as he declared, could not in conscience and before God do otherwise, that he would at least keep it secret.” This had been promised them [by Bucer]; their intention had been to “save his conscience as best we might.”
Luther, far from showing himself remorseful for his indulgence, endeavours in his usual way to suppress any scruples of conscience: “Even to-day, were such a case to come before me again, I should not know how to give any other advice than what I then gave, nor would it trouble me should it afterwards become known.” “I am not ashamed of the testimony evenshould it come before the world, though, to be spared trouble, I should prefer it to be kept secret so long as possible.” Still, no angel would have induced him to give such advice “had he known that the Landgrave had long satisfied and could still satisfy his cravings on others, for instance, as I now learn, on lady von Essweg.” This lady was perhaps a relative of Rudolf Schenk, Landvogt of Eschwege on the Werra.[99]We may recall, that the proposal of taking a “concubine” in place of the too numerous “light women” had been made to Philip by his sister.[100]
Luther goes on to excuse his conduct still further to the Elector: “Still less would I have advised a public marriage”; that the second wife was to become a Princess or Landgravine—a plan at which the whole Empire would take offence—had been kept from him altogether; “what I expected was, that, since he was obliged owing to the weakness of the flesh to follow the ordinary course of sin and shame, he would perhaps keep an honest girl in some house, and wed her secretly—though even this would look ill in the sight of the world—and thus overcome his great trouble of conscience; he could then ride backwards and forwards, as the great lords do frequently enough; similar advice I gave also to certain parish priests under Duke George and the bishops, viz. that they should marry their cook secretly.”
Though what he here says may be worthy of credence, yet to apply the term Confession to what passed between Philip and Wittenberg is surely to introduce an alien element into the affair. Yet he does use the word three times in the course of the letter and seemingly lays great stress on it. The Confession, he says, covered all that had passed, and, because it “was seemly” to “keep matters treated of in Confession private” he and Melanchthon “preferred not to relate the matter and the counselgiven in Confession” to the Elector; but, since the Landgrave “had revealed the substance of the Confession and the advice,” it was easier for him to speak. Hence he would now reveal the “advice given in Confession; though I should much have preferred to keep it secret, unless necessity had forced it from me, now I am unable to do so.” The fact is, however, that the real Seal of Confession (and of this Luther was quite aware) does not allow the confessor who has received the Confession to make any communication or disclosure concerning it; even should the penitent make statements concerning other matters which occurred in the Confession, under no circumstances whatsoever, however serious these may be, not even in the case of danger to life and limb, may “necessity” “force out” anything. Although in this case Luther had not heard a Confession at all, yet he refers to the Secret of the Confessional with which he was acquainted from his Catholic days, and his own former exercise of it: “I have received in Confession many confidences, both in Popery and since, and given advice, but were there any question of making them public I should be obliged to say no.... Such matters are no business of the secular courts nor ought they to be made public.”
This uncalled-for introduction of Confession was intended to save him from being obliged to admit his consent publicly; it was meant to reassure so weak a theologian as the Elector, who dreaded the scandal arising from Luther’s advice to commit bigamy, and the discussion of the case before the Imperial Court of Justice; possibly he also hoped it would serve against that other princely theologian, viz. the Landgrave, and cause him to withdraw his demand for a public acknowledgment of the sanction given. His tactics here remind us of Luther’s later denial, when he professed himself ready simply to deny the bigamy and his share in it—because everything had been merely a matter of Confession.
Even in this first letter dealing with the question, he is clearly on the look-out for a loophole by which he may escape from the calamitous business.
The publication of the “testimony” was to be prevented at all costs. But, as a matter of fact, not only did the “Seal of Confession” present no obstacle, but even the common secrecy referred to above (p. 31) was no longer binding. This had been cancelled by the indiscretion of the Landgrave. Moreover, apart from this, the natural obligation of secrecy did not extend to certain extreme cases which might have been foreseen by both parties and in theevent of which both would recover their freedom. It should be noted, that Luther hardly made any appeal to this natural obligation of secrecy, probably because it could not be turned to account so easily. The Seal of Confession promised to serve him better in circles so little acquainted with theology.
In the second letter dealing with the bigamy, dated June 27, 1540, and addressed to Philip’s intimate, Eberhard von der Thann, Luther speaks with an eye on Hesse.[101]Thann, through Chancellor Brück, had informed him of what was being said of him there, and had asked what Luther would advise the Hessian Prince, and whether, in order to obviate other cases of polygamy in Hesse, it would be advisable for the authorities to issue an edict against the universal lawfulness of having several wives. Luther replied, that he agreed with the Landgrave’s intention as announced by Thann concerning his second marriage, viz. to wait until the Emperor “should approach His Serene Highness on the subject”; and then to write to the Emperor: “That he had taken a concubine but that he would be perfectly ready to put her away again if other Princes and Lords would set a good example.” If the Emperor were compelled “to regard the ‘lady’ as a concubine,” “no one else would dare to speak or think differently”; in this wise the real state of things would be “covered over and kept secret.” On the other hand, it would not be at all advisable to issue any edict, or to speak of the matter, for then “there would be no end or limit to gossip and suspicions.”
“And I for my part am determined [here he comes to his ‘testimony’ and the meaning he now put on it] to keep silence concerning my part of the confession which I heard from His Serene Highness through Bucer, even should I suffer for it, for it is better that people should say that Dr. Martin acted foolishly in his concession to the Landgrave—for even great men have acted foolishly and do so, even now, as the saying goes: A wise man makes no small mistakes—rather than reveal the reasons why we secretly consented; for that would greatly disgrace and damage the reputation of the Landgrave, and would also make matters worse.” To the Elector his sovereign Luther had said that, even to-day, he “would not be able to give any differentadvice” and that he saw no reason to blush for it. Hence it is hard to believe that he seriously contemplated admitting that he had been guilty of an act of “folly” and had “acted foolishly.” It will be shown more clearly below what his object was in threatening such a repudiation of his advice to the Landgrave.In his letter to Thann, Luther decides in favour of the expedient suggested by the Hessian theologians, viz. of the amphibological use of the word concubine; here it should, however, be noted, that this term, if used officially to counteract the common report concerning the new marriage, plainly implied a denial of the reality of the bigamy.But how if the Landgrave were directly confronted in a Court of Justice with the question: Have you, or have you not, married two wives?
“And I for my part am determined [here he comes to his ‘testimony’ and the meaning he now put on it] to keep silence concerning my part of the confession which I heard from His Serene Highness through Bucer, even should I suffer for it, for it is better that people should say that Dr. Martin acted foolishly in his concession to the Landgrave—for even great men have acted foolishly and do so, even now, as the saying goes: A wise man makes no small mistakes—rather than reveal the reasons why we secretly consented; for that would greatly disgrace and damage the reputation of the Landgrave, and would also make matters worse.” To the Elector his sovereign Luther had said that, even to-day, he “would not be able to give any differentadvice” and that he saw no reason to blush for it. Hence it is hard to believe that he seriously contemplated admitting that he had been guilty of an act of “folly” and had “acted foolishly.” It will be shown more clearly below what his object was in threatening such a repudiation of his advice to the Landgrave.
In his letter to Thann, Luther decides in favour of the expedient suggested by the Hessian theologians, viz. of the amphibological use of the word concubine; here it should, however, be noted, that this term, if used officially to counteract the common report concerning the new marriage, plainly implied a denial of the reality of the bigamy.
But how if the Landgrave were directly confronted in a Court of Justice with the question: Have you, or have you not, married two wives?
Here belongs the third letter of Luther’s which we have on the subject and which was despatched to Hesse before the middle of July. It is addressed to “a Hessian Councillor” who has been identified, with some probability, as the Hessian Chancellor Johann Feige.[102]
To the addressee, who was acquainted with the whole matter and had applied to Luther for his opinion on behalf of the Landgrave, the writer defines his own position still more clearly; if people say openly that the Landgrave has contracted a second marriage, all one need answer is, that this is not true, although it is true that he has contracted a secret union; hence he himself was wont to say, “the Landgrave’s other marriage is all nonsense.”
The justification of this he finds in the theory of the secrecy of confession upon which he insists strongly in this letter. Not only is his own share in the matternilbecause ostensibly done in confession, but the marriage itself is merely a sort of “confession marriage,” a thing concealed and therefore non-existent so far as the world is concerned. “A secret affirmative cannot become a public affirmative ... a secret ‘yes’ remains a public ‘no’ and vice versa.... On this I take my stand; I say that the Landgrave’s second marriage isniland cannot be convincing to anyone. For, as they say, ‘palam,’ it is not true, and although it may be true ‘clam,’ yet that they may not tell.”He is very bitter about the Landgrave’s purpose of making the marriage and the Wittenberg “advice” public, should need arise. The fate of the latter was, in fact, his chief anxiety. “In this the Landgrave touches us too nearly, but himself even more, that he is determined to do ‘palam’ what we arranged with him ‘clam,’ and to make of a ‘nullum’ an ‘omne’; this we areunable either to defend or to answer for, and we should certainly come to high words.” The last sentence was, however, felt by Luther to be too strong and he accordingly struck it out of the letter.He also says that the Landgrave’s appeal to his sermon on Genesis would be of no avail, because he (Luther) had taught, both previous to and after it, that the law of Moses was not to be introduced, though some of it “might be used secretly in cases of necessity, or even publicly by order of the authorities.” But advice extorted from him in Confession by the distress of a suffering conscience could “not be held to constitute a true precedent in law.” He here touches upon a thought to which he was to return in entirely different circumstances: Neither the preachers, nor the Gospel, lay down outward laws, not even concerning religion; the secular authorities are the only legislators; ecclesiastical guidance comprises only advice, direction and the expounding of Scripture, and has to do only with the interior life, being without any jurisdiction, even spiritual; as public men, the pastors were appointed to preach, pray and give advice; to the individual they rendered service amidst the “secret needs of conscience.”[103]He thereby absolves himself from the consequence apparently involved in the step he had taken, viz. the introduction of polygamy as a “general right”; it does not follow that: “What you do from necessity, I have a right to do”; “necessity knows no law or precedent,” hence a man who is driven by hunger to steal bread, or who kills in self-defence is not punished, yet what thus holds in cases of necessity cannot be taken as a law or rule. On the other hand, Luther will not listen to the proposal then being made in Hesse, viz. that, in order to counteract the bad example, a special edict should be issued declaring polygamy unlawful as a general rule, but allowable in an exceptional case, on the strength “of secret advice given in Confession”; on the contrary, it would be far better simply to denounce polygamy as unlawful.
The justification of this he finds in the theory of the secrecy of confession upon which he insists strongly in this letter. Not only is his own share in the matternilbecause ostensibly done in confession, but the marriage itself is merely a sort of “confession marriage,” a thing concealed and therefore non-existent so far as the world is concerned. “A secret affirmative cannot become a public affirmative ... a secret ‘yes’ remains a public ‘no’ and vice versa.... On this I take my stand; I say that the Landgrave’s second marriage isniland cannot be convincing to anyone. For, as they say, ‘palam,’ it is not true, and although it may be true ‘clam,’ yet that they may not tell.”
He is very bitter about the Landgrave’s purpose of making the marriage and the Wittenberg “advice” public, should need arise. The fate of the latter was, in fact, his chief anxiety. “In this the Landgrave touches us too nearly, but himself even more, that he is determined to do ‘palam’ what we arranged with him ‘clam,’ and to make of a ‘nullum’ an ‘omne’; this we areunable either to defend or to answer for, and we should certainly come to high words.” The last sentence was, however, felt by Luther to be too strong and he accordingly struck it out of the letter.
He also says that the Landgrave’s appeal to his sermon on Genesis would be of no avail, because he (Luther) had taught, both previous to and after it, that the law of Moses was not to be introduced, though some of it “might be used secretly in cases of necessity, or even publicly by order of the authorities.” But advice extorted from him in Confession by the distress of a suffering conscience could “not be held to constitute a true precedent in law.” He here touches upon a thought to which he was to return in entirely different circumstances: Neither the preachers, nor the Gospel, lay down outward laws, not even concerning religion; the secular authorities are the only legislators; ecclesiastical guidance comprises only advice, direction and the expounding of Scripture, and has to do only with the interior life, being without any jurisdiction, even spiritual; as public men, the pastors were appointed to preach, pray and give advice; to the individual they rendered service amidst the “secret needs of conscience.”[103]
He thereby absolves himself from the consequence apparently involved in the step he had taken, viz. the introduction of polygamy as a “general right”; it does not follow that: “What you do from necessity, I have a right to do”; “necessity knows no law or precedent,” hence a man who is driven by hunger to steal bread, or who kills in self-defence is not punished, yet what thus holds in cases of necessity cannot be taken as a law or rule. On the other hand, Luther will not listen to the proposal then being made in Hesse, viz. that, in order to counteract the bad example, a special edict should be issued declaring polygamy unlawful as a general rule, but allowable in an exceptional case, on the strength “of secret advice given in Confession”; on the contrary, it would be far better simply to denounce polygamy as unlawful.
Hence if the Landgrave, so Luther concludes, “will not forsake the sweetheart” on whom “he has so set his heart that she has become a need to him,” and if, moreover, he will “keep her out of the way,” then “we theologians and confessors shall vindicate it before God, as a case of necessity to be excused by the examples of Genesis. But defend it before the world and ‘iure nunc regente,’ that we cannot and shall not do. Short of this the Landgrave may count upon our best service.”
The Landgrave was, however, not satisfied with either of these letters, both of which came into his hands. Hewanted from Luther a clear and public admission of his share in the business, which, to the Prince’s peril, had now become as good as public, and threatened to constitute a precedent. By this invitation the Prince naturally released Luther from all obligation of secrecy. Even the making public of the immorality, which had served as a pretext for the new marriage, he did not mind in the least, for his laxity in morals was already a matter of common knowledge; he discussed his lapses with the theologians as openly as though all of them had been his confessors and spiritual directors; he was also quite ready to repeat his admissions, “as in Confession,” before secular witnesses. Such was the depth of depravity into which his passions had brought him.
Yielding to pressure brought to bear on him by Saxony, Luther had meanwhile conceived the idea of publishing a work against polygamy. The new expedient had indeed been foreshadowed in his last letter. On June 17, 1540, Jonas wrote to George of Anhalt that Luther might be expected to write a work “Contra polygamiam.”[104]Martin Beyer of Schaffhausen, on his return from Wittenberg, also brought the news, so Bullinger was informed, that “Luther was being compelled by the Hessian business to write a work against the plurality of wives.”[105]
The project was, however, never realised, probably on account of the insuperable difficulties it involved.
But though this work never saw the light, history has preserved for us a number of Luther’s familiar conversations, dating from this period and taken down directly from his lips, utterances which have every claim to consideration and faithfully mirror his thoughts.
The Table-Talk, dating from the height of the hubbub caused by the bigamy, affords us a vivid psychological picture of Luther.
Of this Table-Talk we have the detailed and authentic notes from the pen of Johann Mathesius, who was present. These notes, in their best form, became known only in 1903,thanks to Kroker’s edition, but, for the better understanding of Luther’s personality, his intimate descriptions of what was passing in his mind are of inestimable value. Conjointly with the principal passage, which probably dates from June 18, 1540, other sayings dropped regarding the same matter may be considered.[106]
The scene in the main was as follows: The usual guests, among them the disciples with their note-books, were assembled after the evening meal in Luther’s house, grouped around the master, who seemed sunk in thought; Melanchthon, however, was missing, for he lay seriously ill at Weimar, overwhelmed by anxiety now that his consent to the bigamy was leaking out. Whilst yet at table two letters were handed to Luther, the first from Brück, the Electoral Chancellor, the second from the Elector himself. Both referred to Melanchthon. The Elector requested Luther to betake himself as soon as possible to Weimar to his friend, who seemed in danger of death, and informed him at the same time of the measures threatened by the Landgrave in the matter of the second marriage.Luther, after glancing at Brück’s missive concerning Melanchthon, said to the guests: “Philip is pining away for vexation, and has fallen into a fever (‘tertiana’). But why does the good fellow crucify himself so about this business? All his anxiety will do no good. I do wish I were with him! I know how sensitive he is. The scandal pains him beyond measure. I, on the other hand, have a thick skin, I am a peasant, a hard Saxon when such × are concerned.[107]I expect I shall be summoned to Philip.”Someone thereupon interjected the remark: “Doctor, perhaps the Colloquium [which was to be held at Hagenau] will not now take place”; Luther replied: “They will certainly have to wait for us....”A second messenger now came in with the Elector’s letter, conveying the expected summons to proceed to Weimar. On the reader the news it contained concerning the Landgrave fell like the blows of a sledge-hammer. After attentively perusing the letter “with an earnest mien,” he said: “Philip the Landgrave is cracked; he is now asking the Emperor to let him keep both wives.”The allusion to the Landgrave’s mental state is explained by a former statement of Luther’s made in connection with some words uttered by the Landgrave’s father: “The old Landgrave[William II] used to say to his son Philip: ‘If you take after your mother, then you won’t come to much; if you take after me, you will have nothing about you that I can praise; if you take after both of us, then you will be a real demon.’” Luther had added: “I fear he is also mad, for it runs in the family.”[108]“And Philip [Melanchthon] said: ‘This [the bigamy] is the beginning of his insanity.’”[109]When Luther re-entered, so the narrator continues, “he was as cheerful as could be, and he said to us: ‘It is grand having something to do, for then we get ideas; otherwise we do nothing but feed and swill. How our Papists will scream! But let them howl to their own destruction. Our cause is a good one and no fault is to be found with our way of life, or rather [he corrects himself] with the life of those who take it seriously. If the Hessian Landgrave has sinned, then that is sin and a scandal. That we have frequently discounselled by good and holy advice; they have seen our innocence and yet refuse to see it. Hence they [the Papists] are now forced to look the Hessianin anum[110](i.e. are witnesses of his shame). But they will be brought to destruction by [our] scandals because they refuse to listen to the pure doctrine; for God will not on this account forsake us or His Word, or spare them, even though we have our share of sin, for He has resolved to overthrow the Papacy. That has been decreed by God, as we read in Daniel, where it is foretold of him [Antichrist] who is even now at the door: “And none shall help him” (Dan. xi. 45). In former times no power was able to root out the Pope; in our own day no one will be able to help him, because Antichrist is revealed.’”Thus amidst the trouble looming he finds his chief consolation in his fanatical self-persuasion that the Papacy must fall and that he is the chosen instrument to bring this about, i.e. in his supposed mission to thwart Antichrist, a Divine mission which could not be contravened. Hence his pseudo-mysticism was once again made to serve his purpose.“If scandals occur amongst us,” he continues, “let us not forget that they existed in Christ’s own circle. The Pharisees were doubtless in glee over our Lord Christ on account of the wickedness of Judas. In the same way the Landgrave has become a Judas to us. ‘Ah, the new prophet has such followers [as Judas, cried the foes of Christ!] What good can come of Christ?’—But because they refused to open their eyes to the miracles, they were forced to see ‘Christum Crucifixum’ and ... later to see and suffer under Titus. But our sins may obtain pardon and be easily remedied; it is only necessary thatthe Emperor should forbid [the bigamy], or that our Princes should intercede [for the Hessian], which they are at liberty to do, or that he should repudiate the step he took.”“David also fell, and surely there were greater scandals under Moses in the wilderness. Moses caused his own masters to be slain.... But God had determined to drive out the heathen, hence the scandals amongst the Jews availed not to prevent it. Thus, too, our sins are pardonable, but not those of the Papists; for they are contemners of God, crucify Christ and, though they know better, defend their blasphemies.”“What advantage do they expect of it,” he goes on to ask in an ironical vein; “they put men to death, but we work for life and take many wives.” This he said, according to the notes, “with a joyful countenance and amidst loud laughter.”[111]“God has resolved to vex the people, and, when my turn comes, I will give them hard words and tell them to look Marcolfus ‘in anum’ since they refuse to look him in the face.” He then went on: “I don’t see why I should trouble myself about the matter. I shall commend it to our God. Should the Macedonian [the Landgrave] desert us, Christ will stand by us, the blessed Schevlimini [כש ליםיבי: Sit at my right hand (Ps. cix. 1)]. He has surely brought us out of even tighter places. The restitution of Würtemberg puts this scandal into the shade, and the Sacramentarians and the revolt [of the Peasants]; and yet God delivered us out of all that.” What he means to say is: Even greater scandal was given by Philip of Hesse when he imposed on Würtemberg the Protestant Duke Ulrich, heedless of the rights of King Ferdinand and of the opposition of the Emperor and the Church;[112]in the same way the ever-recurring dissensions on the Sacrament were an even greater scandal, and so was the late Peasant War which threatened worse things to the Evangelical cause than the Hessian affair.
The scene in the main was as follows: The usual guests, among them the disciples with their note-books, were assembled after the evening meal in Luther’s house, grouped around the master, who seemed sunk in thought; Melanchthon, however, was missing, for he lay seriously ill at Weimar, overwhelmed by anxiety now that his consent to the bigamy was leaking out. Whilst yet at table two letters were handed to Luther, the first from Brück, the Electoral Chancellor, the second from the Elector himself. Both referred to Melanchthon. The Elector requested Luther to betake himself as soon as possible to Weimar to his friend, who seemed in danger of death, and informed him at the same time of the measures threatened by the Landgrave in the matter of the second marriage.
Luther, after glancing at Brück’s missive concerning Melanchthon, said to the guests: “Philip is pining away for vexation, and has fallen into a fever (‘tertiana’). But why does the good fellow crucify himself so about this business? All his anxiety will do no good. I do wish I were with him! I know how sensitive he is. The scandal pains him beyond measure. I, on the other hand, have a thick skin, I am a peasant, a hard Saxon when such × are concerned.[107]I expect I shall be summoned to Philip.”
Someone thereupon interjected the remark: “Doctor, perhaps the Colloquium [which was to be held at Hagenau] will not now take place”; Luther replied: “They will certainly have to wait for us....”
A second messenger now came in with the Elector’s letter, conveying the expected summons to proceed to Weimar. On the reader the news it contained concerning the Landgrave fell like the blows of a sledge-hammer. After attentively perusing the letter “with an earnest mien,” he said: “Philip the Landgrave is cracked; he is now asking the Emperor to let him keep both wives.”
The allusion to the Landgrave’s mental state is explained by a former statement of Luther’s made in connection with some words uttered by the Landgrave’s father: “The old Landgrave[William II] used to say to his son Philip: ‘If you take after your mother, then you won’t come to much; if you take after me, you will have nothing about you that I can praise; if you take after both of us, then you will be a real demon.’” Luther had added: “I fear he is also mad, for it runs in the family.”[108]“And Philip [Melanchthon] said: ‘This [the bigamy] is the beginning of his insanity.’”[109]
When Luther re-entered, so the narrator continues, “he was as cheerful as could be, and he said to us: ‘It is grand having something to do, for then we get ideas; otherwise we do nothing but feed and swill. How our Papists will scream! But let them howl to their own destruction. Our cause is a good one and no fault is to be found with our way of life, or rather [he corrects himself] with the life of those who take it seriously. If the Hessian Landgrave has sinned, then that is sin and a scandal. That we have frequently discounselled by good and holy advice; they have seen our innocence and yet refuse to see it. Hence they [the Papists] are now forced to look the Hessianin anum[110](i.e. are witnesses of his shame). But they will be brought to destruction by [our] scandals because they refuse to listen to the pure doctrine; for God will not on this account forsake us or His Word, or spare them, even though we have our share of sin, for He has resolved to overthrow the Papacy. That has been decreed by God, as we read in Daniel, where it is foretold of him [Antichrist] who is even now at the door: “And none shall help him” (Dan. xi. 45). In former times no power was able to root out the Pope; in our own day no one will be able to help him, because Antichrist is revealed.’”
Thus amidst the trouble looming he finds his chief consolation in his fanatical self-persuasion that the Papacy must fall and that he is the chosen instrument to bring this about, i.e. in his supposed mission to thwart Antichrist, a Divine mission which could not be contravened. Hence his pseudo-mysticism was once again made to serve his purpose.
“If scandals occur amongst us,” he continues, “let us not forget that they existed in Christ’s own circle. The Pharisees were doubtless in glee over our Lord Christ on account of the wickedness of Judas. In the same way the Landgrave has become a Judas to us. ‘Ah, the new prophet has such followers [as Judas, cried the foes of Christ!] What good can come of Christ?’—But because they refused to open their eyes to the miracles, they were forced to see ‘Christum Crucifixum’ and ... later to see and suffer under Titus. But our sins may obtain pardon and be easily remedied; it is only necessary thatthe Emperor should forbid [the bigamy], or that our Princes should intercede [for the Hessian], which they are at liberty to do, or that he should repudiate the step he took.”
“David also fell, and surely there were greater scandals under Moses in the wilderness. Moses caused his own masters to be slain.... But God had determined to drive out the heathen, hence the scandals amongst the Jews availed not to prevent it. Thus, too, our sins are pardonable, but not those of the Papists; for they are contemners of God, crucify Christ and, though they know better, defend their blasphemies.”
“What advantage do they expect of it,” he goes on to ask in an ironical vein; “they put men to death, but we work for life and take many wives.” This he said, according to the notes, “with a joyful countenance and amidst loud laughter.”[111]“God has resolved to vex the people, and, when my turn comes, I will give them hard words and tell them to look Marcolfus ‘in anum’ since they refuse to look him in the face.” He then went on: “I don’t see why I should trouble myself about the matter. I shall commend it to our God. Should the Macedonian [the Landgrave] desert us, Christ will stand by us, the blessed Schevlimini [כש ליםיבי: Sit at my right hand (Ps. cix. 1)]. He has surely brought us out of even tighter places. The restitution of Würtemberg puts this scandal into the shade, and the Sacramentarians and the revolt [of the Peasants]; and yet God delivered us out of all that.” What he means to say is: Even greater scandal was given by Philip of Hesse when he imposed on Würtemberg the Protestant Duke Ulrich, heedless of the rights of King Ferdinand and of the opposition of the Emperor and the Church;[112]in the same way the ever-recurring dissensions on the Sacrament were an even greater scandal, and so was the late Peasant War which threatened worse things to the Evangelical cause than the Hessian affair.
“Should the Landgrave fall away from us.”—This fear lest Philip should desert their party Luther had expressed in some rather earlier utterances in 1540, when he had described more particularly the Landgrave’s character and attitude. “A strange man!” he says of him. “He was born under a star. He is bent upon having his own way, and so fancies he will obtain the approval of Emperor and Pope. It may be that he will fall away from us on account of this affair.... He is a real Hessian; he cannot be still nor does he know how to yield. When once this business is over he will be hatching something else. But perhapsdeath will carry him, or her (Margaret), off before.” A Hessian Councillor who was present quite bore out what Luther had said: Nothing was of any avail with the Landgrave, “what he once undertakes he cannot be induced to give up.” In proof of this those present instanced the violence and utter injustice of the raid made on Würtemberg. “Because he is such a strange character,” Luther remarked, “I must let it pass. The Emperor, moreover, will certainly not let him have his way.”[113]“No sensible man would have undertaken that campaign, but he, carried away by fury, managed it quite well. Only wait a little! It [the new scandal] will pass!” Luther was also ready to acknowledge that the Landgrave, in spite of the promises and offers of the Emperor and Duke of Saxony, had remained so far “very faithful” to the Evangel.[114]