Historical background
The completed version of a text (copy) is only one of several possible versions; a concept renders the decision process leading up to it comprehensible. From the present concept, we can learn that the Hessian chancery clerk Wolf Vogelmann automatically wrote “Marburg” when thinking about “university”, and that at first he was unaware that the Saxon Chancellor Gregor Brück was not a theologian but a lawyer. He therefore had to correct the plural in the salutation (“theologie doctoribus”) and use two singular words instead (“doctor of law” – “theologie doctori” = Doctor of Theology). What is more significant in terms of content is the fact that the note first talks about “in the matter our advice and consideration” (inn der sach unser rhat unnd bedenncken), i.e. that of Landgrave Philipp's council, instead of “our scholars’ advice and consideration” (unserer gelerten rhat unnd bedenncken), i.e. the council of the (university) scholars of the Landgrave, and that the entire digression on the papal dispensation was only added later.
The complications surrounding the first marriage of King Henry VIII of England (which, as is well known, was followed by five more) go back to the dynastic policy of alliances at the beginning of the century. 1496/97 saw the double marriage of Philip the Handsome of the House of Habsburg to Joanna of Castile and of John, Prince of Asturias, to Philip’s sister Margaret, a double alliance intended to strengthen both houses against the growing power of France. After John died childless, the Spanish succession surprisingly fell to Philip’s son, who was later to become the Emperor Charles V., in 1516. John and Joanna’s sister Catherine of Aragon was betrothed to the English heir Arthur Tudor in 1489 in order to secure a further common alliance against France. When Arthur died unexpectedly in 1502, she was supposed to marry his brother Henry VIII., now heir to the throne. However, such a union was made impossible by church law, which included a prohibition against marriage if the husband and wife were related to each other by affinity in the first degree, based on the writings of the Old Testament (Leviticus 18:16; 20:21). Therefore, the English diplomats obtained a dispensation from Pope Julius II. and at the same time, to keep all options open, had Henry submit a written objection to the marriage shortly before his declaration of maturity. When Henry fell in love with Catherine’s lady-in-waiting, Anne Boleyn, and it became apparent that the union with Catherine would yield no male heirs, he began to pursue the dissolution of the marriage of 17 years at the end of 1526. The personal passion of the king had immense political consequences: It placed Henry in opposition to Emperor Charles V., who defended the honor of his aunt Catherine, and the Pope, who had been dependent on the emperor since the Sack of Rome in 1527. It thus lead to a rapprochement with France and the opponents of the emperor and initiated the break with Rome and the founding of the Anglican Church.
Legally, there were several ways to declare a marriage void: evidence that the marriage of Catherine and Arthur Tudor had been consummated (matrimonium consummatum), or/and that the pope should not have issued a dispensation in light of a divine obstacle to marriage (which was indeed disputed), or that the marriage with Henry was invalid due to his lack of consent. After a papal investigative commission left England without any conclusion in 1530 and the matter was to be taken to Rome, Henry sought expert advice on these legal matters from numerous European universities to avoid a citation to Rome. As part of this process, political pressure was applied and sums of money changed hands. While the major law schools of Paris and Bologna and several English, French, and Italian universities voted in favor of annulling the marriage, the majority of universities in the empire were against it. At the same time, Henry solicited support from the courts of Bavaria, Saxony, Hesse, Cologne, Trier, Mainz, and others. Landgrave Philip presumably received his invitation to comment from the messenger Paget; it already contained the votes in favor of Henry. He then commissioned the University of Marburg with producing a report, which was provided on October 12th, and also rejected the possibility of dissolving the marriage. At the same time, Philip also urged Martin Luther to comment on the issue by means of the present letter.
Philip did not fail to include two unmistakable personal statements (and the phrasing of the original version of the text, which stated that HIS “advice and consideration” were required, may have been intentional): (1) If they were willing to make concessions to Henry in this matter, they could win him for their own cause. “Furtherance of the Gospel” (Förderung des Evangeliums) and winning “him for Christ” (für Christus gewinnen) here refer to a plan of involving him in their own policy of alliances against the emperor. (At the same time, Philip was forging the Saalfeld alliance with Electoral Saxony and Bavaria, which was concluded on October 24.) The first was thus a purely political argument. (2) Luther may have considered that the marriage was entered into as a result of paternal coercion and was based on an objectionable papal dispensation. This argument had already been offered by Henry VIII himself and justified on the basis of his written protest before the conclusion of the marriage and was also repeated, for example, by Erasmus of Rotterdam. The fact that it was taken up by Landgrave Philip is very characteristic of his personality because he spoke out repeatedly and in very different contexts against any form of coercion of conscience. Moreover, he may already have been thinking of his own, also politically motivated marriage that would lead him to disaster nine years later.
Luther, for his part, had already been asked to provide an expert opinion by Robert Barnes that summer. In this report he had (similarly to the papal curia, incidentally) shifted the emphasis from the marriage between relatives by affinity to divorce: He stated that the prohibition in Leviticus was established by man, not God and referred only to the wife of the surviving brother; divine law precludes, however, the dissolution of a valid marriage. A further sentence adds the following: If anything, Henry should have two wives simultaneously (polygamy) along the lines of the Old Testament. In addition to the doctrine of the sacraments, the question of the indissolubility of a marriage became a separating line between the Lutherans and the newly constituting Anglican Church. Luther responded to Landgrave Philip on September 22 (the foregoing date of the present letter has been derived from this correspondence). He fundamentally rejected the amalgamation of theology and politics and therefore did not further address the arguments raised by Philip. Instead he sent him a copy of his report. In it, he omitted the sentence about a possible bigamous marriage. However, it was exactly this aspect that would soon take on the greatest importance for the Landgrave.