Lawsuits and the Church According to Martin Luther
- Michael W. Newman
- Oct 7
- 8 min read
From: Admonition to Peace: A Reply to the Twelve Articles of the Peasants in Swabia, 1525 (emphasis added)
(Luther’s Works, AE, Vol 46, 28-32)

See, dear friends, what kind of preachers you have and what they think of your souls. I fear that some prophets of murder have come among you, who would like to use you so they can become lords in the world, and they do not care that they are endangering your life, property, honor, and soul, in time and eternity. If, now, you really want to keep the divine law, as you boast, then do it. There it stands! God says, "Vengeance is mine; I will repay" [Rom. 12:19], and, “Be subject not only to good lords, but also to the wicked” [I Pet. 2:18]. If you do this, well and good; if not, you may, indeed, cause a calamity, but it will finally come upon you. Let no one have any doubts about this! God is just, and will not endure it. Be careful, therefore, with your liberty, that you do not run away from the rain and fall in the water. Beware of the illusion that you are winning freedom for your body when you are really losing your body, property, and soul for all eternity. God's wrath is there; fear it, I advise you! The devil has sent false prophets among you; beware of them!
And now we want to move on and speak of the law of Christ, and of the gospel, which is not binding on the heathen, as the other law is. For if you claim that you are Christians and like to be called Christians and want to be known as Christians, then you must also allow your law to be held up before you rightly. Listen, then, dear Christians, to your Christian law! Your Supreme Lord Christ, whose name you bear, says, in Matthew 6 [5:39-41], “Do not resist one who is evil. If anyone forces you to go one mile, go with him two miles. If anyone wants to take your coat, let him have your cloak too. If anyone strikes you on one cheek, offer him the other too.” Do you hear this, O Christian association? How does your program stand in light of this law? You do not want to endure evil or suffering, but rather want to be free and to experience only goodness and justice. However, Christ says that we should not resist evil or injustice but always yield, suffer, and let things be taken from us. If you will not bear this law, then lay aside the name of Christian and claim another name that accords with your actions, or else Christ himself will tear his name away from you, and that will be too hard for you.
In Romans 12 [:19} Paul says, “Beloved, never avenge yourselves, but leave it to the wrath of God.” In this same sense he praises the Corinthians for gladly suffering if someone hits or robs them, 2 Corinthians 11 [:20]. And in 1 Corinthians 6 [:1-2] he condemns them for going to court for the sake of property rather than suffering injustice. Indeed, our leader, Jesus Christ, says in Matthew 7 [5:44] that we should bless those who insult us, pray for our persecutors, love our enemies, and do good to those who do evil to us. These, dear friends, are our Christian laws.
Now you can see how far these false prophets have led you astray. They still call you Christians, although they have made you worse than heathen. On the basis of these passages even a child can understand that the Christian law tells us not to strive against injustice, not to grasp the sword, not to protect ourselves, not to avenge ourselves, but to give up life and property, and let whoever takes it have it. We have all we need in our Lord, who will not leave us, as he has promised [Heb. 13:5]. Suffering! suffering! Cross! cross! This and nothing else is the Christian law! But now you are fighting for temporal goods and will not let the coat go after the cloak, but want to recover the cloak. How then will you die and give up your life, or love your enemies and do good to them? O worthless Christians! Dear friends, Christians are not so commonplace that so many can assemble in one group. A Christian is a rare bird! Would to God that the majority of us were good, pious heathen, who kept the natural law, not to mention the Christian law!
I will give you some illustrations of Christian law so that you may see where the mad prophets have led you. Look at St. Peter in the garden. He wanted to defend his Lord Christ with the sword, and cut off Malchus' ear [John 18:10]. Tell me, did not Peter have great right on his side? Was it not an intolerable injustice that they were going to take from Christ not only his property, but also his life? Indeed, they not only took his life and property, but in so doing they entirely suppressed the gospel by which they were to be saved and thus robbed heaven. You have not yet suffered such a wrong, dear friends. But see what Christ does and teaches in this case. However great the injustice was, he nevertheless stopped St. Peter, bade him put up his sword, and would not allow him to avenge or prevent this injustice. In addition, he passed a sentence of death upon him, as though upon a murderer, and said, “He who takes the sword will perish by the sword” [Matt. 26:52]. This should help us understand that we do not have the right to use the sword simply because someone has done us an injustice and because the law and justice are on our side. We must also have received power and authority from God to use the sword and to punish wrong. Furthermore, a Christian should also suffer it if anyone desires to keep the gospel away from him by force. It may not even be possible to keep the gospel from anyone, as we shall hear.
A second example is Christ himself. What did he do when they took his life on the cross and thereby took away from him the work of preaching for which God himself had sent him as a blessing for the souls of men? He did just what St. Peter says. He committed the whole matter to him who judges justly, and he endured this intolerable wrong [I Pet. 2:23]. More than that, he prayed for his persecutors and said, “Father, forgive them, for they know not what they do” [Luke 23:34].
Now, if you are genuine Christians, you must certainly act in this same way and follow this example. If you do not do this, then give up the name of Christian and the claim that Christian law is on your side, for then you are certainly not Christians but are opposing Christ and his law, his doctrine, and his example. But if you do follow the example of Christ, you will soon see God's miracles and he will help you as he helped Christ, whom he avenged after the completion of his passion in such a way that his gospel and his kingdom won a powerful victory and gained the upper hand, in spite of all his enemies. He will help you in this same way so that his gospel will rise with power among you, if you first suffer to the end, leave the case to him, and await his vengeance. But because of what you are doing, and because you do not want to triumph by suffering, but by your fists, you are interfering with God's vengeance and you will keep neither the gospel nor your fists.
I must also give you an illustration from the present. Pope and emperor have opposed me and raged against me. Now what have I done that the more pope and emperor raged, the more my gospel spread? I have never drawn a sword or desired revenge. I began neither conspiracy nor rebellion, but so far as I was able, I have helped the worldly rulers—even those who persecuted the gospel and me—to preserve their power and honor. I stopped with committing the matter to God and relying confidently at all times upon his hand. This is why God has not only preserved my life in spite of the pope and all the tyrants—and this many consider a really great miracle, as I myself must also confess—but he has made my gospel grow and spread. Now you interfere with what I am doing. You want to help the gospel and yet you do not see that what you are doing hinders and suppresses it most effectively.
I say all this, dear friends, as a faithful warning. In this case you should stop calling yourselves Christians and stop claiming that you have the Christian law on your side. For no matter how right you are, it is not right for a Christian to appeal to law, or to fight, but rather to suffer wrong and endure evil; and there is no other way (1 Corinthians 6 [:1-8]). You yourselves confess in the preface to your articles that “all who believe in Christ become loving, peaceful, patient, and agreeable.” Your actions, however, reveal nothing but impatience, aggression, anger, and violence. Thus you contradict your own words. You want to be known as patient people, you who will endure neither injustice nor evil, but will endure only what is just and good. That is a fine kind of patience! Any rascal can practice it! It does not take a Christian to do that!
I shall not let you have that name, but so long as there is a heartbeat in my body, I shall do all I can, through speaking and writing, to take that name away from you. You will not succeed, or will succeed only in ruining your bodies and souls.
In saying this it is not my intention to justify or defend the rulers in the intolerable injustices which you suffer from them. They are unjust, and commit heinous wrongs against you; that I admit. If, however, neither side accepts instruction and you start to fight with each other—may God prevent it!—I hope that neither side will be called Christian. Rather I hope that God will, as is usual in these situations, use one rascal to punish the other. If it comes to a conflict—may God graciously prevent it!—I hope that your character and name will be so well known that the authorities will recognize that they are fighting not against Christians but against heathen; and that you, too, may know that you are not fighting Christian rulers but heathen. Christians do not fight for themselves with sword and musket, but with the cross and with suffering, just as Christ, our leader, does not bear a sword, but hangs on the cross. Your victory, therefore, does not consist in conquering and reigning, or in the use of force, but in defeat and in weakness, as St. Paul says in II Corinthians 1 [10:4], “The weapons of our warfare are not material, but are the strength which comes from God,” and, “Power is made perfect in weakness" [II Cor. 12:9].
Your name and title ought therefore to indicate that you are people who fight because they will not, and ought not, endure injustice or evil, according to the teaching of nature. You should use that name, and let the name of Christ alone, for that is the kind of works that you are doing. If, however, you will not take that name, but keep the name of Christian, then I must accept the fact that I am also involved in this struggle and consider you as enemies who, under the name of the gospel, act contrary to it, and want to do more to suppress my gospel than anything the pope and emperor have done to suppress it.
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