The rest of the document, apart from pious admonitions, consists of the declaration, that they give their “testimony that, in a case of necessity,” they were “unable to condemn” bigamy, and that, accordingly, his “conscience may be at rest” should the Landgrave “utilise” the Divine dispensation. In so many words they sanction the request submitted to them, because “what was permitted concerning matrimony in the Mosaic Law was not prohibited in the Gospel.” Concerning the circumstances of the request they, however, declined “to give anything in print,” because otherwise the matter would be “understood and accepted as a general law and from it [i.e. a general sanction of polygamy] much grave scandal and complaint would arise.” The Landgrave’s wish that they should speak of the case from the pulpit, is also passed over in silence. Nor did they reply to his invitation to them to consider by what ways and means the matter might be brought publicly before the world. On the contrary, they appear to be intent on burying in discreet silence a marriage so distasteful to them. It even looks as though they were simple enough to think that such concealment would be possible, even in the long run. What they fear is, above all, the consequences of its becoming common property. In no way, so they declare, was any universal law, any “public precedent” possible, whereby a plurality of wives might be made lawful; according to its original institution marriage had signified “the union of two persons only, not of more”; but, in view of the examples of the Old Covenant, they “were unable to condemn it,” if, in a quite exceptional case, “recourse were had to a dispensation ... and a man, with the advice of his pastor, took another wife, not with the object of introducing a law, but to satisfy his need.”
As for instances of such permission having been given in the Church, they were able to quote only two: First, the purely legendary case of Count Ernest of Gleichen—then still regarded as historical—who, during his captivity among the Turks in 1228, had married his master’s daughter, and, then, after his escape, and after having learnt that his wife was still living, applied for and obtained a Papal dispensation for bigamy; secondly, the alleged practice in cases of prolonged and incurable illness, such as leprosy, to permit, occasionally, the man to take another wife. The latter, however, can only refer to Luther’s own practice, or to that followed by the teachers of the new faith.[56] In 1526 Luther had informed the Landgrave that this was allowable in case of “dire necessity,” “for instance, where the wife was leprous, or had been otherwise rendered unfit.”[57] Acting upon this theory he was soon to give a decision in a particular case;[58] in May or June, 1540, he even stated that he had several times, when one of the parties had contracted leprosy, privately sanctioned the bigamy of the healthy party, whether man or woman.[59]
They are at great pains to impress on the Landgrave that he must “take every possible care that this matter be not made public in the world,” otherwise the dispensation would be taken as a precedent by others, and also would be made to serve as a “weapon against them and the Evangel.” “Hence, seeing how great scandal would be caused, we humbly beg your Serene Highness to take this matter into serious consideration.”
They also admonish him “to avoid fornication and adultery”; they had learnt with “great sorrow” that the Landgrave “was burdened with such evil lusts, of which the consequences to be feared were the Divine punishment, illness and other perils”; such conduct, outside of matrimony, was “no small sin”—as they proceed to prove from Scripture; they rejoiced, however, that the Prince felt “pain and remorse” for what he had done. Although monogamy was in accordance with the original institution of marriage, yet it was their duty to tell him that, “seeing that your Serene Highness has informed us that you are not able to refrain from an immoral life, we would rather that your Highness should be in a better state before God, and live with a good conscience for your Highness’s own salvation and the good of your land and people. And, as your Serene Highness has determined to take another wife, we consider that this should be kept secret, no less than the dispensation, viz. that your Serene Highness and the lady in question, and a few other trustworthy persons, should be apprised of your Highness’s conscience and state of mind in the way of confession.”
“From this,” they continue, “no great gossip or scandal will result, for it is not unusual for Princes to keep ‘concubinas,’ and, though not everyone is aware of the circumstances, yet reasonable people will bear this in mind and be better pleased with such a manner of life than with adultery or dissolute and immoral living.”
Yet, once again, they point out that, were the bigamy to become a matter of public knowledge, the opinion would gain ground that polygamy was perfectly lawful to all, and that everyone might follow the precedent; the result would also be that the enemies of the Evangel would cry out that the Evangelicals were not one whit better than the Anabaptists, who were likewise polygamists and, in fact, just the same as the Turks. Further, the great Lords would be the first to give the example to private persons to do likewise. As it was, the Hessian aristocracy was bad enough, and many of its members were strongly opposed to the Evangel on earthly grounds; these would become still more hostile were the bigamy to become publicly known. Lastly, the Prince must bear in mind the injury to his “good name” which the tidings of his act would cause amongst foreign potentates.
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.[60] 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.”[61] Sidonie, the youthful Duchess of Saxony, complained subsequently, that, “since the Birth of Christ, no one had done such a thing.”[62] 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.”[63]
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.