# LCMS Convention Workbook_St. Louis Missouri_1975_S239 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) CONSTITUTIONAL MATTERS 239 case of the Rev. Dr. John H. Tietjen to the President of the English District of The Lutheran Church — Missouri Synod. Mt. Calvary Congregation St. Louis, Mo. Charles Lee, President Helen McGowan, Secretary James David Fackler, Pastor on T a1 ~1 To Delete Bylaw 4.15 WHEREAS, Ordination in the Lutheran Church has always been considered to be ‘‘adiaphorous,” that is a matter of ‘‘in- difference”: and WHEREAS, Bylaw 4.15 is in direct disagreement with Article VI of the Constitution of The Lutheran Church-— Missouri Synod, which states that one of the ‘‘conditions of membership” of pastors and teachers in the Synod is the “regular call... by the congregations,” not ‘ordination’: therefore be it Resolved. That Bylaw 4.15 of the Constitution of The Lu- theran Church-— Missouri Synod be amended by being deleted. St. Thomas Lutheran Church Central Nyack, N.Y. John Schnitta, President Edith Houk, Secretary Robert M. Brueckner, Pastor To Repeal Bylaw 4.01 (Calling of Pastors) WHEREAS, Bylaw 4.01 binds a congregation's right to exercise its possession of the keys and the priestly office and is thereby contrary to the Scriptural teaching that the church of Christ as the assembly of believers and thus as the local congregation possesses the keys and the priestly office immediately (Matt. 16:15-19: 18:17-20: John 20:22-23: 1 Peter 2:5-10): and WHEREAS, This binding by Bylaw 4.01 is contrary to the Lutheran Confessions, which state in ‘‘The Treatise on the Power and Primacy of the Pope’: ‘For wherever the church exists, the right to administer the Gospel also exists. Wherefore it is necessary for the church to retain the right of calling, elect- ing, and ordaining ministers” (p. 331, Tappert): and WHEREAS, Bylaw 4.01 b is contrary to Article VII of the synod- ical Constitution, which states that in its relation to its members the Synod is but an advisory body, and that ‘‘no resolution of the Synod imposing anything upon the individual congregation is of binding force if it is not in accordance with the Word of God or if it appears to be inexpedient as far as the condition of a congregation is concerned’: and WHEREAS, Bylaw 4.01 is unnecessary since Article VI of the Constitution (especially VI 3 and VI 6) sufficiently regulates the calling of pastors and teachers: therefore be it Resolved. That Bylaw 4.01 be repealed and removed from the Handbook. Mt. Calvary Lutheran Church Fullerton, Nebr. Terry Twiestmeyer, Secretary To Reconsider Bylaw 4.01 WHEREAS, The question concerning the placement of the 1974 Seminex vicars and graduates is of great concern to the church: and WHEREAS, Several congregations in our District have ex- pressed an interest in the placement of vicars and the calling of graduates from Seminex: and WHEREAS, Memorials A, B, C, and D request an action which has been interpreted by the Synod’s Commission on Constitu- tional Matters to be in conflict with Bylaw 4.01 of the synodical Handbook: and WHEREAS, There is a need to work carefully, lovingly, and expeditiously toward a God-pleasing reconciliation: therefore be it Resolved. That the Missouri District memorialize the 1975 convention of The Lutheran Church— Missouri Synod to recon- sider Bylaw 4.01 in the light of our present dilemma. Missouri District Arthur H. Strege, Secretary 5-80A To Overturn Ruling of CCM re Ordinations of Graduates of Concordia Seminary-in-Exile WHEREAS, Graduates of Concordia Seminary-in-Exile have been ordained without receiving the certification of the present faculty of Concordia Seminary, 801; and WHEREAS, Such ordinations have been declared ‘null and void" by the Commission on Constitutional Matters of the Synod: and WHEREAS, Such action by the CCM claims the authority m the name of the Synod to withhold or to grant validity to the act of ordination itself: and WHEREAS, The Confessional Writings of the Lutheran Church, which are “a true and unadulterated exposition of the Word of God" (Constitution, Art. II), would deny such a claim of authority to grant validity to ordinations, as that of the CCM, claiming instead that ordination is the divine right of the whole church, and that when ecclesiastical authorities will not ordain, the individual churches are bound to ordain for them- selves, to wit: Smalcald Articles. Part III, Art. X, ‘Of Ordination and the Call," in reference to the right of the “proper” authority in the church, i.e., bishops, to ordain, says: “It might be granted to them for the sake of love and unity, but not from necessity. to ordain and confirm us and our preachers’ (emphasis added). It goes on to claim the right of ordination even without the consent of the bishop or “proper” authority: ‘‘Therefore, as the ancient examples of the Church and the Fathers teach us, we ourselves will and ought to ordain suitable persons to this office.” In The Power and Primacy of the Pope. in a discussion of ordination in reference to the authority of bishops, the following statements are made: But since by divine authority the grades of bishop and pastor are not diverse, it is manifest that ordination administered by a pastor in his own church is valid by divine law [if a pastor in his own church ordains certain suitable persons to the ministry, such ordination ts. according to divine law. undoubtedly effective and right]. (Par. 65, emphasis added) For wherever the Church is, there is the authority to administer the Gospel. Therefore it is necessary for the Church to retain the authority to call, elect, and ordain ministers. And this authority is a gift which in reality is given to the Church, which no human power ean wrest from the Church, as Paul also testifies to the Ephesians, 4:8, when he says: ‘He ascended, He gave gifts to men.” And he enumerates among the gifts specially belonging to the Church ‘‘pas- tors and teachers,’ and adds that such are given for the ministry. “for the edifying of the body of Christ.’ 'Par. 67) It is clear that the Church retains the right to elect and ordain ministers. .. . If the bishops either are heretics, or will not ordain suitable persons, the churches are in duty bound before God, ac- cording to divine law, to ordain for themselves pastors and ministers. ‘Par. 72, emphasis added) therefore be it Resolved. That we overturn the ruling of the CCM which declares the ordinations of graduates of Concordia Seminary- in-Exile, who have not been certified by the faculty at Con- cordia Seminary, 801, to be “null and void,” thereby declaring that the said ordinations are indeed valid: and be it further Resolved. That we pass no further rulings that try to limit, by human authority, where and when the Spirit works. St. Paul’s Lutheran Church Cohocton, N.Y. William Jackman, President David VanGesen, Secretary