It is much more likely that the lengthy favourable reply of the Wittenbergers was composed by Melanchthon. It was signed with the formula: “Wittenberg, Wednesday after St. Nicholas, 1539. Your Serene Highness’s willing and obedient servants [and the signatures] Martinus Luther, Philippus Melanchthon, Martinus Bucerus.” The document is now among the Marburg archives.
Characteristically enough the idea that the Landgrave is, and must remain, the protector of the new religious system appears at the commencement as well as at the close of the document. The signatories begin by congratulating the Prince, that God “has again helped him out of sickness,” and pray that heaven may preserve him, for the “poor Church of Christ is small and forsaken, and indeed stands in need of pious lords and governors”; at the end God is again implored to guide and direct him; above all, the Landgrave must have nothing to do with the Imperialists.
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. 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.” Acting upon this theory he was soon to give a decision in a particular case; 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.
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. 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.” Sidonie, the youthful Duchess of Saxony, complained subsequently, that, “since the Birth of Christ, no one had done such a thing.” 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.”
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.
The Bigamy is Consummated and made Public.
The object of Bucer’s hasty departure for the Court of the Elector Johann Frederick of Saxony was to dispose him favourably towards the impending marriage. In accordance with his instructions from Hesse, he was to submit to this Prince the same arguments which had served him with the two Wittenbergers, for the superscription of the instructions ran: “What Dr. Martin Bucer is to demand of D. Martin Luther and Philip Melanchthon, and, should he see fit, after that also of the Elector.” In addition to this he had in the meantime received special instructions for this delicate mission to Weimar.
The Landgrave looked upon an understanding with the Elector as necessary, not merely on account of his relationship with him and out of consideration for Christina his first wife, who belonged to the House of Saxony, but also on account of the ecclesiastico-political alliance in which they stood, which made the Elector’s support seem to him quite as essential as the sanction of the Wittenberg theologians.
Bucer treated with Johann Frederick at Weimar on 15 or 16 Dec. and reached some sort of understanding, as we learn from the Elector’s written reply to the Landgrave bearing the latter date. Bucer represents him as saying: If it is impossible to remove the scandal caused by the Landgrave’s life in any other way, he would ask, as a brother, that the plan should not be executed in any other way than “that contained in our — Dr. Luther’s, Philip’s and my own — writing”; upon this he was unable to improve; he was also ready to “lend him fraternal assistance in every way” should any complications arise from this step. In return, in accordance with the special instructions given to Bucer, he received from the Landgrave various political concessions of great importance: viz. support in the matter of the Duke of Cleves, help in his difficulties about Magdeburg, the eventual renunciation of Philip’s title to the inheritance of his father-in-law, Duke George, and, finally, the promise to push his claims to the Imperial crown after the death of Charles V, or in the event of the partitioning of the Empire.
The Elector, like his theologians, was not aware that the “lady” (she is never actually named) had already been chosen. Margaret von der Sale, who was then only seventeen years of age, was the daughter of a lady-in-waiting to Philip’s sister, Elisabeth, Duchess of Rochlitz. Her mother, Anna von der Sale, an ambitious lady of the lower nobility, had informed the Landgrave that she must stipulate for certain privileges. As soon as Philip had received the replies from Wittenberg and Weimar, on Dec. 23, 1539, the demands of the mother were at once settled by persons vested with the necessary authority. Even before this, on the very day of the negotiations with Luther, Dec. 11, the Landgrave and his wife Christina had each drawn up a formal deed concerning what was about to take place: Christina agreed to Philip’s “taking another wedded wife” and promised that she would never on that account be unfriendly to the Landgrave, his second wife, or her children; Philip pledged himself not to countenance any claim to the Landgraviate on the part of any issue by the second wife during the lifetime of Christina’s two sons, but to provide for such issue by means of territories situated outside his own dominions. Such was the assurance with which he proceeded towards the cherished goal.
Several Hessian theologians of the new faith, for instance, the preacher Dionysius Melander, a personal friend of the Landgrave’s, and Johann Lening were on his side. To the memorandum composed by Luther and Melanchthon the signatures of both the above-mentioned were subsequently added, as well as those of Anton Corvinus, then pastor at Witzenhausen, of Adam Fuldensis (Kraft), then Superintendent at Marburg, of Justus Winther — since 1532 Court Schoolmaster at Cassel and, from 1542, Superintendent at Rotenburg on the Fulda — and of Balthasar Rhaide (Raid), pastor at Hersfeld, who, as Imperial Notary, certified the marriage. The signature of the last was, however, subsequently erased.
About the middle of Jan., 1540, Philip informed the more prominent Councillors and theologians that he would soon carry out his project. When everything was ready the marriage was celebrated on March 4 in the Castle of Rotenburg on the Fulda by the Court Chaplain, Dionysius Melander, in the presence of Bucer and Melanchthon; were also present the Commandant of the Wartburg, Eberhard von der Thann, representing the Elector of Saxony, Pastor Balthasar Rhaide, the Hessian Chancellor Johann Feige of Lichtenau, the Marshal Hermann von Hundelshausen, Rudolf Schenk zu Schweinsberg (Landvogt of Eschwege on the Werra), Hermann von der Malsburg, a nobleman, and the mother of the bride, Anna von der Sale. The draft of the short discourse still exists with which the Landgrave intended to open the ceremony. Melander delivered the formal wedding address. On the following day Melanchthon handed the Landgrave an “admonition,” i.e. a sort of petition, in which he warmly recommended to his care the welfare of education. It is possible that when summoned, to Rotenburg from a meeting of the Schmalkalden League at which he had been assisting, he was unaware of the object of the invitation. Subsequent explanations, furnished at the last moment, by Melander and Lening, seem to have drawn a protest from Melanchthon which roused the anger of the two preachers. This shows that “everything did not pass off smoothly at Rotenburg.” Both were, not long after, stigmatised by Melanchthon as “ineruditi homines” and made chiefly responsible for the lax principles of the Landgrave. Luther tried later to represent Lening, the “monster,” as the man by whom the idea of the bigamy, a source of extreme embarrassment to the Wittenbergers, had first been hatched.
Although the Landgrave was careful to preserve secrecy concerning the new marriage — already known to so many persons, — permitting only the initiate to visit the “lady,” and even forbidding her to attend Divine Worship, still the news of what had taken place soon leaked out. “Palpable signs appeared in the building operations commenced at Weissenstein, and also in the despatch of a cask of wine to Luther.” At Weissenstein, in the former monastery near Cassel, now Wilhelmshöhe, an imposing residence was fitted up for Margaret von der Sale. In a letter of May 24, 1540, to Philip, Luther expresses his thanks for the gift of wine: “I have received your Serene Highness’s present of the cask of Rhine wine and thank your Serene Highness most humbly. May our dear Lord God keep and preserve you body and soul. Amen.” Katey also received a gift from the Prince, for which Luther returned thanks on Aug. 22, though without mentioning its nature. On the cask of wine and its destination the Schultheiss of Lohra spoke “openly before all the peasants,” so Anton Corvinus informed the Landgrave on May 25, saying that: “Your Serene Highness has taken another wife, of which he was perfectly sure, and your Serene Highness is now sending a cask of wine to Luther because he gave your Serene Highness permission to do such a thing.”
On June 9 Jonas wrote from Wittenberg, where he was staying with Luther — who himself was as silent as the tomb — to George of Anhalt: Both in the Meissen district and at Wittenberg there is “much gossip” (‘ingens fama�
�) of bigamy with a certain von Sale, though, probably, it was only “question of a concubine.” Five days later, however, he relates, that “at Würzburg and similar [Catholic] localities the Papists and Canons were expressing huge delight” over the bigamy.
The behaviour of the Landgrave’s sister had helped to spread the news. On March 13 the Landgrave, through Marshal von Hundelshausen, had informed the latter of the fact, as he had formally promised Margaret’s mother to do. The “lady began to weep, made a great outcry and abused Luther and Bucer as a pair of incarnate scamps.” She was unable to reconcile herself to the bigamy or to refrain from complaining to others. “My angry sister has been unable to hold her tongue,” wrote the Landgrave Philip on June 8. The Ducal Court of Saxony at Dresden was anxious for reliable information. Duke Henry was a patron of Lutheranism, but one of the motives for his curiosity in this matter is to be found in the fact that the Landgrave was claiming a portion of the inheritance of the late Duke George, who had died on April 17, 1539. In accordance with Henry’s orders Anna von der Sale, as a subject of the Saxon duchy, was removed by force on June 3 from her residence at Schönfeld and carried to Dresden. There the mother confessed everything and declared, not without pride, that her daughter Margaret “was as much the rightful wife of the Landgrave as Christina.” About Whitsun the Landgrave personally admitted the fact to Maurice of Saxony.
The Court of Dresden at once informed the Elector of Saxony of its discovery and of the very unfavourable manner in which the news had been received, and the latter, in turn, communicated it, through Chancellor Brück, to Luther and Melanchthon.
The Elector Johann Frederick, in view of the change of circumstances, became more and more vexed with the marriage. To a certain extent he stood under the influence of Elisabeth Duchess of Rochlitz. In his case, too, the question of property played a part, viz. whether, in view of the understanding existing between Hesse and Saxony as to the succession, the children of the second wife were to become the heirs in the event of the death of the children of the first wife, this being what the Landgrave demanded. Above all, however, the cautious Elector was anxious about the attitude of the Empire and Emperor. He feared lest steps should be taken against the general scandal which had been given and to obviate the danger of the spread of polygamous ideas. Hence he was not far from withdrawing from Luther the favour he had hitherto shown him, the more so now that the Court of Dresden was intent on raising trouble against all who had furthered the Landgrave’s plan.
Collected Works of Martin Luther Page 715