Luther, vol. 4 of 6

by Hartmann Grisar

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?[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 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 (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 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.