In the summer, 1531, Luther was drawn into the controversy raging round the King’s marriage, by an agent of King Henry’s. Robert Barnes, an English Doctor of Divinity who had apostatised from the Church and was residing at Wittenberg, requested of Luther, probably at the King’s instigation, an opinion regarding the lawfulness of his sovereign’s divorce. To Luther it was clear enough that there was no possibility of questioning the validity of Catherine’s marriage. It rightly appeared to him impossible that the Papal dispensation, by virtue of which Catherine of Aragon had married the King after having been the spouse of his deceased brother, should be represented as sufficient ground for a divorce. This view he expressed with praiseworthy frankness in the written answer he gave Barnes.[2] At the same time, however, Luther pointed out to the King a loophole by which he might be able to succeed in obtaining the object of his desire; by this concession, unfortunately, he branded his action as a pandering to the passions of an adulterous King. At the conclusion of his memorandum to Barnes he has the following: “Should the Queen be unable to prevent the divorce, she must accept the great evil and most insulting injustice as a cross, but not in any way acquiesce in it or consent to it. Better were it for her to allow the King to wed another Queen, after the example of the Patriarchs, who, in the ages previous to the law, had many wives; but she must not consent to being excluded from her conjugal rights or to forfeiting the title of Queen of England.”[3] It has been already pointed out that Luther, in consequence of his one-sided study of the Old Testament, had accustomed himself more and more to regard bigamy as something lawful.[4] That, however, he had so far ever given his formal consent to it in any particular instance there is no proof. In the case of Henry VIII, Luther felt less restraint than usual. His plain hint at bigamy as a way out of the difficulty was intended as a counsel (“_suasimus_”). Hence we can understand why he was anxious that his opinion should not be made too public.[5] When, in the same year (1531), he forwarded to the Landgrave of Hesse what purported to be a copy of the memorandum, the incriminating passage was carefully omitted.[6] Melanchthon, too, had intervened in the affair, and had gone considerably further than Luther in recommending recourse to bigamy and in answering possible objections to polygamy.