The Landgrave, Philip of Hesse, had commissioned Bucer to solicit the opinions of the Wittenberg Theologians in a peculiar and very delicate matter. It did not refer to the general affairs of the Church, but a private, domestic affair of the Landgrave. For various reasons his affections had become alienated from his wife, and he believed that it would be better for him to form a new matrimonial connection than fall into sins of the flesh. Bucer brought an elaborate treatise with him, which justified this double marriage of the Landgrave, and now only wished that Luther and Melanchthon should also signify their approval of this step. The two Theologians delivered a "secret Confessor's advice," on the 10th of December, in which they show that God originally permitted man to have but one wife, and that this law, although God bore with its violation in the Old Covenant, was restored in the New Testament. But an exception should be made in the present case of necessity, in order to avoid greater evils; yet without making it public, so that the enemies of the Gospel could not cry out that the Protestants were like the Anabaptists, who took many wives at once.[19] With this wished-for advice, Bucer departed; and after the Landgrave had also obtained a formal consent from his wife to form a second marriage, he was secretly married to Lady Margaret von der Saale, on the 3d of March, 1540, at Rothenburg on the Fulda. Melanchthon, who was at the time in Smalkald attending a convention, was also invited, without being informed particularly of the character of the occasion. He was much offended because he was thus obliged to be present at the wedding, and never forgot this treatment of the Landgrave. But even upon the present occasion he exhorted him to take better care of pastors and the teachers of the schools, to avoid the vices of fornication and adultery, and to remember David's punishment; also, to keep this second marriage secret, and not permit it to be spoken of publicly.

We have but now mentioned that Melanchthon was in Smalkald. He had gone thither on the 18th of February, 1540. It was proposed to discuss the Religious Convention here, which had been called to Spire. The Theologians had already, in obedience to the Elector's orders, delivered their opinion, "whether the Evangelical princes should enter into a worldly peace with the Bishops, and whether they could yield anything to them in matters of religion." This document was signed by the Theologians on the first of March. It discussed doctrine, needful external matters, and external indifferent matters, (adiaphora.) In the first article of doctrine, it does not depart from the Confession, and will not yield anything. The second article enumerates among external needful matters, the abolition of private masses, of the canon of the mass, of monastic vows, of the celibacy of the priesthood, of the Invocation of saints, of all magical ceremonies, as, for instance, herbs, consecration of bells, &c., and required the restoration of the Holy Sacrament of the Lord's Supper. In this article also it does not yield anything. The third article speaks of external indifferent matters, of the power of the Bishops, ordination, reading, singing, holidays, and other ceremonies, and of possessions. They expressed the opinion that if Princes and Bishops would accept doctrine and the needful points, arrangements might be made with them in reference to the last point. Envoys were sent from Smalkald to the Emperor, who was in Belgium at this time, to present the peaceful sentiments of the Protestants to him, and to pray him not to begin war. They returned with the most peaceful prospects, for the Emperor expressed his intention to institute further deliberations in regard to the harmony of the Churches. After Melanchthon had prepared another opinion, concerning the erroneous doctrines of Sebastian Franck and Caspar Schwenkfeldt, which was also signed by the Theologians, the Convention adjourned April 15th. Melanchthon returned by way of Erfurt, and on the 4th of May wrote to Dietrich that the Emperor did not as yet manifest any hostility, although he had not promised a certain peace. He, on this occasion, related that the Count-palatine Frederick had conversed with the Emperor in Spain, and had advised him to follow more moderate counsels. The Emperor promised him he would do so. He had not been long in Wittenberg, when he heard that the Emperor was willing to hold a convention at Spire. After having written a letter to the Emperor in Torgau, whither he had been called by the Elector, he departed in the beginning of June to attend this convention, which, according to the last orders, was to be held, not in Spire, but in Hagenau, in Alsatia. It is not to be wondered at, that he should have felt very unwell when he departed from Wittenberg, after so many exertions, and recent recovery from a severe illness. Before he departed, he deposited his last will with Cruciger. A large concourse of students and masters escorted him, and when he was crossing the bridge over the Elbe, he said: "We have lived upon Synods, and now we shall die there." With such thoughts of death he departed, and reached Weimar. Here he was obliged to remain for some time, because he was not sure whether he should go to Hagenau. Luther, at least, had written to the Elector beseeching him to see to it, "That each and every one of the delegates should be earnestly commanded, that they could not and should not depart from that which has now finally been harmoniously agreed upon at Smalkald."

Melanchthon, however, was the person whose yielding temper was most objected to. He was at this time filled with indescribable dread, because a report reached his ears that the Landgrave intended to publish the secret advice of the Wittenbergers. He saw very well that its publication would not only place him in a very doubtful position, but would also greatly injure the cause of the Gospel. His sorrows almost consumed him, and he therefore wrote to Luther for consolation and support in this matter. He faithfully responded to this call. But this consolation did not help him, and he became seriously ill. But let us hear the account of old Ratzeberger: "As it now also became known that the Landgrave had, besides his first wife, also married Lady von der Saale, and it was apparent that this deed would bring great disgrace and injury to the Gospel, Master Philip took it very much to heart. For he saw, if he went to Hagenau, that this would give the Lutherans a very severe blow. He was particularly grieved by this, because he had always looked upon this Landgrave, who had caused this great offence, with particular affection and hope. However, some assert, that he fell into this distress because he approved of this improper conduct of the Landgrave through the persuasions of his Court Chaplain, Dionysius, with which the court was afterwards highly displeased. He therefore became very sick at Weimar, more on account of sorrow and melancholy than anything else. His strength failed rapidly, and certain death seemed to be his only prospect. When he was thus seriously and dangerously ill, the Elector sent for Luther, who rode day and night from Wittenberg, in order to see Philip before his death. When he arrived, he to his sorrow found him as he had already heard. His eyes were already dim, his reason was gone, he could not speak nor hear, and his countenance was loose and fallen; having, as Luther said, a Hippocratical countenance. He recognized no one, and could neither eat nor drink. When Luther, unrecognized, looked upon him, he was greatly shocked, and said to his companion, God forbid! how has the devil abused this instrument! and immediately turned to the window and earnestly prayed to God. Then, Luther said, God our Lord was obliged to listen to me. For I cast my burden before his door, and besieged his ear with all his promises that he would hear prayer, which I could remember in the Bible, so that he was obliged to hear me, if I was to trust his promises.

He then took Philip by the hand, and said, "Be of good cheer, Philip, you will not die! Although God has reason enough to take away life, yet he hath no pleasure in the death of the sinner, but that he should return from his ways and live. If God again called and received the greatest sinners who ever lived upon this earth, namely, Adam and Eve, he will not cast out thee, my Philip, nor suffer thee to perish in sins and sorrow. Therefore, do not give way to despondency, and do not murder yourself, but trust in the Lord, who is able to kill and make alive, wound and bind, scourge and heal again. For Luther fully understood the troubles of his heart and conscience. When he had thus held and addressed him, Philip began to draw his breath again, but could not say anything for a long time. He then turned his face towards Luther, and began to entreat him for God's sake not to detain him any longer; that he was now upon a good journey, and that he should suffer him to proceed, for nothing better could happen to him. Luther replied: "By no means, Philip; you must serve the Lord still longer." Philip became more and more animated, and Luther immediately ordered them to prepare some food, and took it to him himself. But Philip refused to taste it. Luther forced him, and said: "Do you hear, Philip! you must eat, or I shall excommunicate you. He was prevailed upon by such language, so that he began to eat a little, and thus gradually regained strength."

Melanchthon himself said of Luther: "If he had not come I should have died." The Elector also, who deeply sympathized with his sorrows and illness, comforted him in the most friendly manner: "Although it belongeth to God alone, according to his good pleasure, to bestow or take away courage and comfort, yet you on your part must not fail to lay aside and forget the causes of your trouble, which, thanks to God! are not so great in our estimation, that they should afflict you so deeply. We doubt not but that Almighty God will soon restore your cheerfulness, and with it your health."

The Elector then requests him, as soon as he should be able to move, to come to Eisenach, with Luther and Jonas, because he needed them; for letters and reports were constantly arriving from Hagenau. He gradually recovered, and, although it was with difficulty, he was able to leave for Eisenach on the 7th of July. On the 10th of July, Luther wrote concerning him to Wittenberg: "Master Philip has been restored to life, as it were from the grave; he looks sickly, yet lively, jests and lives with us, and eats and drinks in his own room and at table."

Melanchthon himself wrote to Bugenhagen from Eisenach: "I thank you heartily, best and dearest pastor, that you have comforted me in so Christian a manner, while I was absent, and visited with terrible afflictions in body and spirit, and that at home you assisted my wife by your counsels. I still feel my disease, although it has abated somewhat. If I should remain alive, I will be able to say that I have been restored from death to life, by the power of God. This is the testimony of all who were with me. Oh! that I might thank God rightly, and live for his glory! I commend myself, and the Church of Christ, to your prayers. I hope that he also (the Landgrave), who has brought me into this great trouble, warned by my example, and the writings of our friends, will be more modest, and not publicly defend a scandalous affair. I have heard that he promised to listen to the counsels of our friends." In Eisenach, the Saxon and Hessian Theologians conferred concerning the double-marriage of the Landgrave. The Hessian Theologians, among them the court-chaplain, Dionysius Melander, wished the permission to publish the second marriage, to be granted to their Prince. An old account relates, that upon this Luther attacked them in so severe a manner, "that the water ran down their cheeks." The Wittenbergers insisted that this marriage should be concealed, like the secrets of the Confessional. On the 24th of July, Melanchthon himself wrote to the Landgrave, exhorting him to cover the matter, and not to give cause for its public discussion. He should prevent this, "not only on account of the evil reports and the offence, but also because it is no easy matter to defend this business plausibly." The Landgrave took this to heart, and for a long time bore the disgrace he so richly deserved. But when he sent forth a pamphlet, written by Bucer, yet without his name, which endeavored to justify his conduct, Melanchthon published a very severe reply to it.

At the close of July, he returned to Wittenberg.