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A paragraph appended to the memorandum is, according to recent investigation, from Luther's own pen and, at any rate, is quite in his style. It refers to Philip's threat to seek the Emperor's intervention, a step which would not have been at all to the taste of the Wittenbergers, for it was obvious that this would cripple Philip's action as Protector of the Evangelicals. This menace had plainly excited and troubled Luther. He declares in the concluding sentences, that the Emperor before whom the Prince threatened to lay the case, was a man who looked upon adultery as a small sin; there was great reason to fear that he shared the faith of the Pope, Cardinals, Italians, Spaniards and Saracens; he would pay no heed to the Prince's request but only use him as a cat's-paw. They had found him out to be a false and faithless man, who had forgotten the true German spirit. The Emperor, as the Landgrave might see for himself, did not trouble himself about any Christian concerns, left the Turks unopposed and was only interested in fomenting plots in Germany for the increase of the Burgundian power. Hence it was to be hoped that pious German Princes would have nothing to do with his faithless practices.

Such are the contents of Luther and Melanchthon's written reply. Bucer, glad of the success achieved, at once proceeded with the memorandum to the Electoral Court.

This theological document, the like of which had never been seen, is unparalleled in the whole of Church history. Seldom indeed has exegetical waywardness been made to serve a more momentous purpose. The Elector, Johann Frederick of Saxony, was, at a later date, quite horrified, as he said, at "a business the like of which had not been heard of for many ages." Sidonie, the youthful Duchess of Saxony, complained subsequently, that, "since the Birth of Christ, no one had done such a thing." Bucer's fears had not been groundless "of the scandal of such an innovation in a matter of so great importance and difficulty among the weak followers of the Evangel."

Besides this, the sanction of bigamy given in the document in question is treated almost as though it denoted the commencement of a more respectable mode of life incapable of giving any "particular scandal"; for amongst the common people the newly wedded wife would be looked upon as a concubine, and such it was quite usual for Princes to keep. Great stress is laid on the fact that the secret bigamy would prevent adultery and other immorality. Apart, however, from these circumstances, the sanctioning, largely on the strength of political considerations, of an exception to the universal New-Testament prohibition, is painful. Anyone, however desirous of finding extenuating circumstances for Luther's decision, can scarcely fail to be shocked at this fact. The only excuse that might be advanced would be, that Philip, by his determination to take this step and his threat of becoming reconciled to the Emperor, exercised pressure tantamount to violence, and that the weight of years, his scorn for the Church's matrimonial legislation and his excessive regard for his own interpretation of the Old Testament helped Luther to signify his assent to a plan so portentous.

The object of Bucer's hasty departure for the Court of the Elector Johann Frederick of Saxony was to dispose him favourably towards the impending marriage. In accordance with his instructions from Hesse, he was to submit to this Prince the same arguments which had served him with the two Wittenbergers, for the superscription of the instructions ran: "What Dr. Martin Bucer is to demand of D. Martin Luther and Philip Melanchthon, and, should he see fit, after that also of the Elector." In addition to this he had in the meantime received special instructions for this delicate mission to Weimar.

The Landgrave looked upon an understanding with the Elector as necessary, not merely on account of his relationship with him and out of consideration for Christina his first wife, who belonged to the House of Saxony, but also on account of the ecclesiastico-political alliance in which they stood, which made the Elector's support seem to him quite as essential as the sanction of the Wittenberg theologians.

Bucer treated with Johann Frederick at Weimar on 15 or 16 Dec. and reached some sort of understanding, as we learn from the Elector's written reply to the Landgrave bearing the latter date. Bucer represents him as saying: If it is impossible to remove the scandal caused by the Landgrave's life in any other way, he would ask, as a brother, that the plan should not be executed in any other way than "that contained in our--Dr. Luther's, Philip's and my own--writing"; upon this he was unable to improve; he was also ready to "lend him fraternal assistance in every way" should any complications arise from this step. In return, in accordance with the special instructions given to Bucer, he received from the Landgrave various political concessions of great importance: viz. support in the matter of the Duke of Cleves, help in his difficulties about Magdeburg, the eventual renunciation of Philip's title to the inheritance of his father-in-law, Duke George, and, finally, the promise to push his claims to the Imperial crown after the death of Charles V, or in the event of the partitioning of the Empire.

The Elector, like his theologians, was not aware that the "lady" had already been chosen. Margaret von der Sale, who was then only seventeen years of age, was the daughter of a lady-in-waiting to Philip's sister, Elisabeth, Duchess of Rochlitz. Her mother, Anna von der Sale, an ambitious lady of the lower nobility, had informed the Landgrave that she must stipulate for certain privileges. As soon as Philip had received the replies from Wittenberg and Weimar, on Dec. 23, 1539, the demands of the mother were at once settled by persons vested with the necessary authority. Even before this, on the very day of the negotiations with Luther, Dec. 11, the Landgrave and his wife Christina had each drawn up a formal deed concerning what was about to take place: Christina agreed to Philip's "taking another wedded wife" and promised that she would never on that account be unfriendly to the Landgrave, his second wife, or her children; Philip pledged himself not to countenance any claim to the Landgraviate on the part of any issue by the second wife during the lifetime of Christina's two sons, but to provide for such issue by means of territories situated outside his own dominions. Such was the assurance with which he proceeded towards the cherished goal.

Several Hessian theologians of the new faith, for instance, the preacher Dionysius Melander, a personal friend of the Landgrave's, and Johann Lening were on his side. To the memorandum composed by Luther and Melanchthon the signatures of both the above-mentioned were subsequently added, as well as those of Anton Corvinus, then pastor at Witzenhausen, of Adam Fuldensis , then Superintendent at Marburg, of Justus Winther--since 1532 Court Schoolmaster at Cassel and, from 1542, Superintendent at Rotenburg on the Fulda--and of Balthasar Rhaide , pastor at Hersfeld, who, as Imperial Notary, certified the marriage. The signature of the last was, however, subsequently erased.

Although the Landgrave was careful to preserve secrecy concerning the new marriage--already known to so many persons,--permitting only the initiate to visit the "lady," and even forbidding her to attend Divine Worship, still the news of what had taken place soon leaked out. "Palpable signs appeared in the building operations commenced at Weissenstein, and also in the despatch of a cask of wine to Luther." At Weissenstein, in the former monastery near Cassel, now Wilhelmsh?he, an imposing residence was fitted up for Margaret von der Sale. In a letter of May 24, 1540, to Philip, Luther expresses his thanks for the gift of wine: "I have received your Serene Highness's present of the cask of Rhine wine and thank your Serene Highness most humbly. May our dear Lord God keep and preserve you body and soul. Amen." Katey also received a gift from the Prince, for which Luther returned thanks on Aug. 22, though without mentioning its nature. On the cask of wine and its destination the Schultheiss of Lohra spoke "openly before all the peasants," so Anton Corvinus informed the Landgrave on May 25, saying that: "Your Serene Highness has taken another wife, of which he was perfectly sure, and your Serene Highness is now sending a cask of wine to Luther because he gave your Serene Highness permission to do such a thing."

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" of bigamy with a certain von Sale, though, probably, it was only "question of a concubine." Five days later, however, he relates, that "at W?rzburg and similar localities the Papists and Canons were expressing huge delight" over the bigamy.

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." 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. 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 Sch?nfeld 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." 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 Br?ck, 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' 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."

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 in which 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.

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.

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 actual wording 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 allow the 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 , 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. What was there of all this in the Landgrave's so-called Confession? 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. 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. 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 before the 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 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. 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. 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."

On that very day Br?ck, 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 Dresden people 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." 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 Br?ck, probably on the same day, he proceeded to explain the case to his sovereign in the lengthy letter 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 ; 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 even should 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. 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.

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 counsel given 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 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 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 the event 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. Thann, through Chancellor Br?ck, 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 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 different advice" 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.

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."

He also says that the Landgrave's appeal to his sermon on Genesis would be of no avail, because he 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."

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.

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