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TOPIC: Luther, Martin - Table Talks (Other Topics in this Collection)
SUBJECT: 39. Of Constrained Defence
Other Subjects in this Topic:
OF CONSTRAINED DEFENCE
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DCCLXXXIV.
The question whether without offending God or our conscience, we may defend
ourselves against the emperor, if he should seek to subjugate us, is rather
one for lawyers, than for divines.
If the emperor proceed to war upon us, he intends either to destroy our
preaching, and our religion, or to invade and confound public policy and
economy, that is to say, the temporal government and administration. In
either case, `tis no longer as emperor of the Romans, legally elected we are
to regard him but as a tyrant; `tis, therefore, futile to ask whether we may
combat for the upright, pure doctrine, and for religion; `tis for us a law
and a duty to combat for wife, for children, servants, and subjects; we are
bound to defend them against maleficent power.
If I live I will write an admonition to all the states of the Christian
world, concerning our forced defense; and will show that every one is
obliged to defend him and his against wrongful power. First, the emperor is
the head of body politic in the temporal kingdom, of which body every
subject and private person is a piece and member, to whom the right of
enforced defense appertains, as to a temporal and civil person; for if he
defend not himself, he is a slayer of his own body.
Secondly, the emperor is not the only monarch or lord in Germany; but
the princes electors are, together with him, temporal members of the empire,
each of whom is charged and bound to take care of it; the duty of every
prince is to further the good thereof, and to resist such as would injure
and prejudice it. This is especially the duty of the leading head, the
emperor. `Tis true, the princes electors, though of equal power with the
emperor, are not of equal dignity and prerogative; but they and the other
princes of the empire are bound to resist the emperor, in case he should
undertake anything tending to the detriment of the empire, or which is
against God and lawful right. Moreover if the emperor should preceed to
depose any one of the princes electors, then he deposes them all, which
neither should, nor can be committed.
Wherefore, before we formally answer this question, whether the emperor
may depose the princes electors, or whether they may depose the emperor, we
must first clearly thus distinguish: a Christian is composed of two kinds of
persons, namely, a believing or a spiritual person, and a civil or temporal
person. The believing or spiritual person ought to endure and suffer all
things, it neither eats, nor drinks, nor engenders children, nor has share
or part in temporal doings and matters. But the temporal and civil person is
subject to the temporal rights and laws, and tied to obedience; it must
maintain and defend itself, and what belongs to it, as the laws command. For
example, if, in my presence, some wretch should attempt to do violence to my
wife or my daughter, then I should lay aside my spiritual person, and recur
to the temporal; I should slay him on the spot, or call for help. For, in
the absence of the magistrates, and when they cannot be had, the law of the
nation is in force, and permits us to call upon our neighbor for help;
Christ and the Gospel do not abolish temporal rights and ordinacnes, but
confirm them.
The emperor is not an absolute monarch, governing alone, and at his
pleasure, but the princes electors are in equal power with him; he has,
therefore, neither power nor authority alone to make laws and ordinacnes,
much less has he power, right, or authority to draw the sword for the
subjugation of the subjects and members of the empire, without the sanction
of the law, or the knowledge and consent of the whole empire. Therefore, the
emperor Otho did wisely in ordaining seven princes electors, who, with the
emperor, should rule and govern the empire; but for this, it would not so
long have stood and endured.
Lastly, we should know that when the emperor proposes to make war upon
us, he does it not of and for himself, but for the interest of the pope, to
whom he is liegeman, and whose tyranny and abominable idolatry he thus
undertakes to maintain; for the pope regards the Gospel not at all, and in
raising war against the Gospel, by means of the emperor, intends only to
defend and preserve his authority, power, and tyranny. We must not, then,
remain silent and inactive. But here one may object and say: Although David
had been by God chosen king, and anointed by Samuel, yet he would not resist
the emperor, etc. Answer: David, at that time, had but the promise of his
kingdom; he had it not in possession; he was not yet settled in his
government. In our case, we arm not against Saul, but against Absalom,
against whom David made war, slaying the rebel by the hands of Joab.
I would willingly argue this matter at length, whether we may resist
the emperor or no? though the jurisconsults, with their notions of temporal
and natural rights, pronounce in the affirmative, for us divines `tis a
question of grave difficulty, having regard to these passages: "Whosoever
shall smite thee on thy right cheek, turn to him the other also." And:
"Servants, be subject to your masters with all fear, not only to the good
and gentle, but also the froward." We must beware how we act against God's
Word, lest, afterwards, in our consciences, we be plagued and tormented. But
still, we are certain of one thing, that these times are not the times of
the martyrs, when Diocletian reigned and raged against the Christians; `tis
now another kind of kingdom and government. The emperor's authority and
power, without the seven princes electors, is of no value. The lawyers
write: the emperor has parted with the sword, and given it into our
possession. He has over us but only gladium petitorium, he must seek it of
us, when he proposes to punish, for of right he can do nothing alone. If his
government were as that of Diocletian, we would readily yield unto him and
suffer.
I hope the emperor will not make war upon us for the pope's sake; but
should he play the part of an Arian, and openly fight against God's Word,
not as a Christian, but as a heathen, we are not bound to submit and suffer.
`Tis from the pope's side I take the sword, not from the emperor's; and the
pope, `tis evident, ought to be neither master nor tyrant.
To sum up:--
First: the princes electors are not slaves.
Secondly: the emperor rules upon certain conditions.
Thirdly: He is sworn to the empire, to the princes electors, and other
princes.
Fourthly: He has by oath bound himself unto them, to preserve the
empire in its dignity, honor, royalty, and jurisdiction, and to defend every
person in that which justly and rightly belongs to him; therefore, it is not
to be tolerated that he should bring us into servitude and slavery.
Fifthly: We are entitled to the benefit of the laws.
Sixthly: He ought to yield to Christian laws and rights.
Seventhly: our princes by oath are bound to the empire, truly to
maintain privileges and jurisdictions in public and temporal cases, and not
to permit any of these to be taken away.
Eightly: these cases are among equals, where one is neither more nor
higher than another; therefore, if the emperor with tyranny deals with
others; for thereby he lays aside the person of a governor and loses his
right over the subjects, by the nature of relatives; for princes and
subjects are equally bound the one to the other, and a prince is clearly
obliged to perform what he has sworn and promised, according to the proverb:
Faithful master, faithful man.
Ninthly: the laws are above a prince and a tyrant; for the laws and
ordinances are not wavering, but always sure and constant, while a human
creature is wavering and inconstant, for the most part following his lusts
and pleasures, if by the laws he be not restrained.
If a robber on the highway should fall upon me, truly I would be judge
and prince myself, and would use my sword, because nobody was with me able
to defend me; and I should think I had accomplished a good work; but if one
fell upon me as a preacher for the Gospel's sake, then with folded hands I
would lift up mine eyes to heaven, and say: "My Lord Christ! here I am; I
have confessed and preached thee; is now my time expired? so I commit my
spirit into thy hands," and in that way would I die.