It was the part played by subjectivism in Luther’s ethics that led him in certain circumstances to extend suspiciously the rights of “conscience.”
In the matter of the bigamy of Philip of Hesse he soothed the Elector of Saxony by telling him he must ignore the general outcry, since the Landgrave had acted “from his need of conscience”; in his “conscience” the Prince regarded his “wedded concubine” as “no mere prostitute.” “By God’s Grace I am well able to distinguish between what by way of grace and before God may be permitted in the case of a troubled conscience and what, apart from such need of conscience, is not right before God in outward matters.”[257] In his extreme embarrassment, consequent on this matrimonial tangle, Luther deemed it necessary to make so hair-splitting a distinction between lawfulness and permissibility when need of conscience required it. The explanation—that, in such cases, something must be conceded “before God and by way of grace”—which he offers together with the Old-Testament texts as justifying the bigamy, must look like a fatal concession to laxity.
He also appealed to conscience in another marriage question where he made the lawfulness of bigamy depend entirely on the conscience.
A man, who, owing to his wife’s illness was prevented from matrimonial intercourse, wished, on the strength of Carlstadt’s advice, to take a second wife. Luther thereupon wrote to Chancellor Brück, on Jan. 27, 1524, telling him the Prince should reply as follows: “The husband must be sure and convinced in his own conscience by means of the Word of God that it is lawful in his case. Therefore let him seek out such men as may convince him by the Word of God, whether Carlstadt [who was then in disgrace at Court], or some other, matters not at all to the Prince. For if the fellow is not sure of his case, then the permission of the Prince will not make him so; nor is it for the Prince to decide on this point, for it is the priests’ business to expound the Word of God, and, as Zacharias says, from their lips the Law of the Lord must be learned. I, for my part, admit I can raise no objection if a man wishes to take several wives since Holy Scripture does not forbid this; but I should not like to see this example introduced amongst Christians.... It does not beseem Christians to seize greedily and for their own advantage on everything to which their freedom gives them a right.... No Christian surely is so God-forsaken as not to be able to practise continence when his partner, owing to the Divine dispensation, proves unfit for matrimony. Still, we may well let things take their course.”[258]
On the occasion of his own marriage with Bora we may remember how he had declared with that defiance of which he was a past master, that he would take the step the better to withstand the devil and all his foes. (Vol. ii., p. 175 ff.)
A curious echo of the way in which he could set conscience at defiance is to be met with in his instructions to his assistant Justus Jonas, who, as soon as his first wife was dead, cast about for a second. Luther at first was aghast, owing to Biblical scruples, at the scandal which second marriages on the part of the regents of the Church would give and entreated him at least to wait a while. When he found it impossible to dissuade Jonas, he warned him of the “malicious gossip of our foes,” “who are ever eager to make capital out of our example”; nevertheless, he goes on to say that he had nothing else to urge against another union, so long as Jonas “felt within himself that spirit of defiance which would enable him, after the step, to ignore all the outcry and the hate of all the devils and of men, and not to attempt, nay, to scorn any effort to stop the mouths of men, or to crave their favour.”[259]
The “spirit of defiance” which he here requires as a condition for the step becomes elsewhere a sort of mystical inspiration which may justify an action of doubtful morality.
Granted the presence of this inspiration he regards as permissible what otherwise would not be so. In a note sent to the Elector of Saxony at the time of the Diet of Augsburg regarding the question whether it was allowed to offer armed resistance to the Emperor, we find this idea expressed in remarkable words. Till then Luther had looked upon resistance as forbidden. The predicament of his cause, now endangered by the warlike threats of the Emperor, led him to think of resistance. He writes: If the Elector wishes to take up arms “he must do so under the influence of a singular spirit and faith (‘vocante aliquo singulari spiritu et fide’). Otherwise he must yield to superior force and suffer death together with the other Christians of his faith.”[260] It is plain that there would have been but little difficulty in finding the peculiar mystical inspiration required; no less plain is it, that, once this back door had been opened “inspiration” would soon usurp the place of conscience and justify steps, that, in themselves, were of a questionable character.