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 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.[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 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 (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 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.[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.”