Regarding Luther's opposition to witchcraft, one author makes this interesting observation regarding the execution of some convicted of this sin during Luther's day:
As early as 1540, at a time when elsewhere in Germany the execution of witches was of rare occurrence, four persons were burnt at Wittenberg on June 29 as witches or wizards. Shortly before this Luther had lamented that the plague of witches was again on the increase.[3]
Martin Luther
Rulers are to advance God's Word and its preachers, while teachers of doctrines contrary to fundamental articles of faith should be punished as blasphemers:
Since the gods, or rulers, beside their other virtues, are
to advance God’s Word and its preachers, are they also to put down opposing doctrines,
or heresies, since no one can be forced to believe? The answer to this question
is as follows:
First. Some heretics are seditious, and teach openly that no
rulers are to be tolerated; that no Christian may occupy a position
of rulership, that no one ought to have property of his own, but run
away from wife and child and leave house and home, or that all property shall
be held in common. These teachers are immediately, and without doubt, to be punished by
the rulers, as men who are resisting temporal law and
government ( Romans 13:1). They are not heretics only, but rebels, who are
attacking the rulers and their government, just as a thief attacks another’s
goods, a murderer another’s body, an adulterer another’s wife; and this is
not to be tolerated.
If some were to teach doctrines contradicting
an article of faith, clearly grounded in Scripture and believed throughout the
world by the whole Church, such as the articles that we teach
children in the Creed, — as, for example, if anyone would teach that Christ is
not God, but a mere man, and like other prophets, as the Turks and the
Anabaptists hold, — such teachers should not be tolerated, but punished as
blasphemers. For they are not mere heretics, but open blasphemers, and rulers
are in duty bound to punish blasphemers, as they do those who curse, swear,
revile, abuse, defame and slander. Such teachers, with their blasphemy, are defaming the
name of God, and robbing their neighbor of his honor in the eyes of
the world. In like manner, the rulers should also punish, — or certainly not
tolerate, — those who teach that Christ did not die for our sins, but that
everyone shall make his own satisfaction for them; for that, too, is blasphemy
against the Gospel and against the article that we all pray in the
Creed, “I believe in the forgiveness of sins,” and “In Jesus Christ dead,
risen, etc.” They should be treated in the same way who teach that the
resurrection of the dead and the life everlasting are nothing, and that
there is no hell, and the like things; as did the Sadducees and the Epicureans,
of whom there are now coming to be many among the great wiseacres.
By this procedure no one is compelled to believe, for he can
still believe what he will; but he is forbidden to teach and blaspheme. For, by
so doing, he would take from God and the Christians their
doctrine and word, and he would do them this injury under their own protection
and by means of the things that all have in common. Let him go to some place where
there are no Christians; for as I have often said, he who makes a living from
the burghers ought to keep the law of the burgh, and not defame and
revile it, or else he ought to get out. We are told that the holy fathers in
the Council of Nicaea, when they heard the doctrine of the Arians read, all
hissed unanimously, and would not listen or permit any argument or defense,
but condemned them out of hand, without any disputation, as blasphemers. Moses,
in his Law, commands that such blasphemers and, indeed, all false
teachers, are to be stoned. ...
Perhaps someone may make me another clever answer and say
that, with this kind of teaching, I am strengthening the case of
the tyrants who persecute the Gospel, and opening door and window for
them. Since they consider our Gospel heresy and blasphemy, they will
now preen themselves sure enough, and pretend that conscience and duty
compel them to punish us as blasphemers. Answer: What do I care? If we were to
hold back necessary instruction because of the tyrants, we would long since
have had to give up the Gospel altogether. If they do right, they will
find it out, and I leave them to worry about it. When they knowingly use their power over worldly
things, in the most self-willed manner, for the injury of others, what wonder
that they do us wrong? Like blind men, they cannot see our doctrine, and
like madmen, they cannot hear it. It was thus that the kings of Israel
killed the true prophets. Nevertheless, we must not abolish or hide the
commandment to stone false prophets; but pious rulers will punish no man
without first seeing, hearing, learning, and becoming certain that he is a
blasphemer. But enough of this! Let us return to the Psalm: But they know
nothing and consider nothing, they go in darkness; All the foundations of
the land shall fall.[4]
On Deuteronomy 13, which teaches the death penalty for false prophets, Martin Luther said,
"It is better to make away with a man than with God."[5]
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Phillip Melanchton, Martin Luther, Johannes Bugenhagen, and Caspar
Cruciger Sr. signed a joint document clearly in opposition to Two Kingdoms
Theology. It reads: "Some people argue that the civil magistracy in no way
ought to be concerned with spiritual matters. This argument is stretched
too far. ... the most important task of their office is to further God's
honor, and to oppose blasphemy and idolatry."
|
Martin Luther
Incorrigible children deserve the death penalty:
Discussing Deuteronomy 21:18f:
Fourthly (vv. 18ff.), the law concerning disobedient sons who are to be put to death. A most excellent and just lawgiver is Moses, who judges not only lesser crimes worthy of death but especially the greater ones. Among men laws and customs are such that murder and theft are punishable by death, but adultery usually is not. Furthermore, the disobedience and wickedness of children are not punishable by death, much less sacrilege, godlessness, and blasphemies toward God and God's Word. But here Moses is so strict in his commands about punishment for the rebelliousness of children that he even orders the parents to be the first agents of this death; for they themselves should bring their own children to judgment, arraign them, and testify against them. So important does God make obedience and reverence toward parents. Would that we, too, observed this law, so that more fear and shame might be driven into our unbridled and bold youth, which is being led to ruin by evil companions and corrupt morals![6]
Martin Luther
Murderers deserve the death penalty:
On Genesis 9:6:
God had given mankind, that is the authorities, a share in his authority over life and death. When the authorities, following the godly demand stated in Genesis 9:6, execute a man, then in reality it is God himself, who through human hand kills the murderer.[7]
Hence this text is very important, and we should learn from
it that God has given the sword to civil government to protect us against
wickedness and keep sin under control. This then is a powerful proof of God’s
love towards us, for He promises us not only to keep us from another Flood but
also to give us meat to eat and to preserve our life.[8]
Martin Luther
Rapists deserve the death penalty:
On the rape of Dinah in Genesis 34:
“I think that rape was forbidden and a
capital offence not only in Jacob’s house, but also in that whole area.... The
rape of a virgin is a capital crime of itself – by all law, divine and
civil.... In all ages, this crime has been punished in a fearful manner.”[9]
Joint document of Martin Luther, Phillip Melanchthon, Johannes Bugenhagen, and Caspar Cruciger Sr. [3]
Blasphemy, false teachings, heretical acts, and improper worship services must be suppressed:
Just as the civil magistracy is obligated to restrain and
punish public blasphemy and perjury, it is also obligated to restrain and
punish individuals in its own judicial district, for public false teachings,
improper worship services and heretical acts. And this God orders in the second
commandment, where he says, “Whoever dishonors God’s name, shall not remain
unpunished” [editor's note: it is really the third commandment, paraphrased]. Everyone is obligated, in keeping with his station and office,
to avoid and to deter blasphemy. And on the strength of this commandment,
princes and magistrates have the power and duty to abolish improper worship
services, and in their place, to establish true teaching and correct worship
services. This commandment also instructs them to deter public false teaching,
and to punish the obstinate. Leviticus 24[:16] speaks to this: “Whoever
blasphemes God is to be killed.”[10]
[I]f we hold God’s honor in high respect, we must in all seriousness take preventive measures, so that blasphemy and damaging errors are not carried far and wide.[11]
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Melanchthon approved of the
execution of the vile blasphemer
Servetus, and said, "I wonder
at those who disapprove of
this severity." |
Rulers must show mercy when possible:
Second, before punishment is meted out, misled people are
first of all to be presented with clear Christian instruction and
admonition that they might be induced to renounce their errors. If they desire so
to do, it is Christian to show them mercy. If they, however, remain
obstinate and do not want to renounce their errors, then punishment is
obligatory.[12]
In every case, however, moderation must prevail, so that the
people first of all are instructed, and admonished to renounce their
errors. Likewise, the judge shall also differentiate [among the different classes
of Anabaptists]. Some have been misled solely out of simplemindedness and are not
obstinate. With these, one should not proceed in haste. Also, these people may
be given a lesser punishment, such as expulsion from the land, or
imprisonment, so that they do others no harm. Some are beginners* and at the same time
obstinate. Here the judge shall demonstrate severity.[13]
*"The German 'anfenger' here has more the sense of 'instigator' or 'agitator.' (Theodor Dieter)"[14]
Civil punishments only for outward acts:
If someone were to contradict this, saying, “The magistracy
is not able to give anyone faith, therefore it dare not punish anyone for the
sake of faith,” to this there are many proper answers. But we shall limit ourselves
to this one answer: The magistracy does not punish on account of opinions and
views as held in the heart, but on account of outward wrongful speech and
teachings, through which others are also led astray.[15]
Civil rulers should base policy on the word of God, not the traditions of men:
The magistrates must give themselves to constant and correct
instruction, so that they are sure of their cause and do not treat anyone
unjustly. For it is not right, solely according to custom, to judge against
God’s word and against the old and pure church’s understanding and teaching.
Custom is a great tyrant. Therefore one must ground himself upon God’s
word and the old, pure church. For one is to accept no teaching which
has not been attested to by the old, pure church, since it is easy to understand
that the old church must have possessed all the articles of faith,
namely, all those needed for salvation. Consequently the ruler is obligated to
give himself to a thorough study of God’s word and the old church’s
teachings.[16]
Civil government exists primarily for God's honor:
Some people argue that the civil magistracy in no way ought
to be concerned with spiritual matters. This argument is stretched too far.
True, both offices—the office of preaching, and that of the civil government—are
distinct from one another. At the same time they both are to serve unto God’s
glory. Princes are not only to protect their subjects, along with their possessions
and physical lives, but the most important task of their office is to further God’s
honor, and to oppose blasphemy and idolatry. Thus also did the kings in the Old
Testament—and not only the Jewish kings, but also the converted kings of
the Gentiles—who executed those who established false prophets and idolatry.
Such examples belong to the office of the prince, as Paul also teaches, “The law
is good for punishing the blasphemers,” etc. [editor's note: this may be an inference from 1 Timothy 1:8-11] The civil magistracy does not
exist solely to serve people in the area of physical welfare, but most of all for God’s
honor, for it is a servant of God, whom it, through its office, is to acknowledge and
glorify. Ps 2[:10]: Et nunc Reges intelligite (Now therefore, O kings, be wise).
Concerning the words about the weeds, “Let both grow,” used
to counter [the above argument], here it is not the civil magistracy
that is spoken of, but the office of preacher—that the preachers, upon the
authority of their office, are not to exercise temporal power. From all this it
has now become clear that the civil magistracy is obligated to deter
blasphemy, false teachings and heresy, punishing the adherents physically.[17]
Judging false prophets:
And in order to instruct and confirm our inner conscience,
the following is especially to be noted: We should at all times take note
of a few, clear articles wherein the sect is in gross and obvious error.
Through this we should know that the obstinate are blinded by the devil. And this
is certain, that they possess no good spirit, even though they have a great
appearance of the same. For one well knows that false prophets have sheep’s
clothing—that is, a certain good appearance. But by their fruits we shall know
them. Now the most certain testing of these fruits is, namely, that one
attempts obstinately to defend false articles against the clear and obvious word
of God—with this the judge can instruct and strengthen his conscience. For
thus he knows that the sect is from the devil. Therefore he knows that the sect
must be opposed, even though there may be needy and ailing individuals among
them, in need of mercy; he still knows that they must be opposed as a
group.[18]
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For Johannes Brenz, the civil
law in Leviticus against
blasphemers did not only
bind Israel, but all nations.
|
Statement subscribed to by Phillip Melanchthon, Johannes Brenz, and others:
Civil rulers should punish public blasphemers by death
