LCMS Convention Workbook St. Louis, Missouri — 2004, Page 384

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384 THEOLOGICAL DOCUMENTS—COMMISSION ON THEOLOGY AND CHURCH RELATIONS

The terminology of the Confessions recognizes
an inevitable hierarchical structuring of any social institution like
the church, but this does not have to do with inherent spiritual au-
thority. They use the term “bishop” both for the head of the me-
dieval diocese and—on analogy of the episcopal “parish-sees”
(paroikiai) of the first three centuries—for the chief pastor of a
town. They also use “rector” (Pfarrherr); “presbyter”; “pastor”;
“preacher” (Prediger, especially to designate assistant clergymen),
“priest” sacerdos/Priester); and “minister” ({(Kirchen]diener).”
Regardless of their title (pastor, elder, teacher [doctor], preacher,
minister, and occasionally bishop, though almost never priest), all
ordained clergymen have the same basic authority to discharge the
duties of their office (AC XXVIII, 8, 21; Tr 60-61, 74). Thus pas-
tors are often classified with bishops. The implication is clear. If
pastors share the same authority as the bishop, then they can or-
dain others into the ministry.

After addressing the unitary character of the office and the
equality in authority of pastors with bishops (Tr 60-65),
Melanchthon tums to the issue of obtaining pastors for the churches
(Tr 66-78). Repeatedly he uses several terms in order to describe
the process: the right of calling (jus vocandi), the right of choos-
ing (jus eligendi), and the right of ordaining (jus ordinandi). At
times he refers to all three together, “call, elect, and ordain” (Tr
67),*4 and at other times he simply uses two expressions, “elect and
ordain” (Tr 67, 70, 72). The terminology here indicates that the en-
tire church is involved in obtaining pastors, people through elec-
tion and pastors through ordination. Moreover, Melanchthon de-
scribes those who are called, elected, and ordained as competent
(tuchtige Personen, German text of Tr 72)—which presumes some
form of determination of their fitness.

Taken together, the terms used by the Treatise constitute and
explain the “rightly called” (rite vocatus) of AC XIV. At times they
each appear to have their own distinctive function, while at other
times one term may embrace all the others by synecdoche.* Sig-
nificant is the bracketing of “calling, choosing, and ordaining”
under the singular noun “right”( jus) in Tr 67 and of “choosing and
ordaining,” again under the same singular noun in paragraphs 67,
69, and 72. Arthur Car] Piepkorn notes that “both vocatio (‘call-
ing’) and ordinatio (‘ordination’) are extensively used in this pe-
riod to describe the whole process of election and ordination.””°
When these terms are laid alongside one another, a distinction may
be discerned between them but the distinction cannot be made into
a hard and fast rule. The “right of choosing” (jus eligendi) refers to
the nomination and selection of an individual. The “right of call-
ing” (jus vocandi) designates the actual request or call of the indi-
vidual to serve. The “right of ordaining” (jus ordinand) refers to the
act by which one is placed into the public office of ministry.”’

The Right of Choosing (jus eligendi). With the coming of
Luther’s reforms new attention was paid to the teaching of the can-
didate, with the result that some ecclesiastical constitutions pre-
scribed lengthy examinations for those who were about to be called
to the pastoral office. The examination certified the competence of
candidates according to the apostolic admonitions (tuchtige Perso-
nen of Tr 72). Together with the trial sermon, the examination
stressed the importance of the proclamation of the Gospel that
stood at the heart of the pastoral ministry. One is not to peddle per-
sonal opinions but to proclaim the public message of the church.
The examination (examen pro candidatura) was for the office of
the doctors/theologians. Generally speaking the theological faculty
carried it out. At other times the superintendent had the responsi-
bility for examination. Martin Chemnitz also performed examina-
tions in his role as superintendent. The process culminating in ex-
amination most closely corresponds to what we in The Lutheran
Church—Missouri Synod call certification.

The Right of Calling (jus vocandi). The church calls properly
qualified men to the office. The call comes “from without,” that is,
through the congregations and structures to be served. In a sense,

2004 Convention Workbook

then, the call is a public matter. The process of choosing does not
necessarily refer to a democratic type of procedure like an election
by all qualified adults, male or female, in a congregation. During
the period of the Reformation, the call derived from a church was
effected through various means (councils, magistrates, princes,
those acting on behalf of the church). A superintendent or prince
would frequently nominate or choose someone for a congregation,
or perhaps a consistory of laymen would do this. The congregation
may have had little input, but it was not excluded. The sheep must
approve the shepherd. The church agendas of the day frequently
mentioned the importance of a congregation not having a pastor
imposed upon them. They have a right to give their assent and ap-
proval but full democratic theory was not a part of their world.

The Right of Ordaining (jus ordinandi). Ordination marked the
conclusion of the process of preparing a man to be a pastor. It re-
ferred to the rite or ceremony in which the office was conferred.
“With the approval of the community they [the pastors by emer-
gency procedure] from then on in regular order (deinceps) commit
the office to others.”* The laying on of hands (to designate this
person) accompanied prayers that the Holy Spirit attend to and em-
power the new ordinand’s exercise of the office. Ordination in-
volved the laying on of hands and the promise of the congregation
to receive this man as Christ’s undershepherd. Ordination by ex-
isting bishops is permissible, but it is not necessary (SA III, 10, 1).
The ordinator was the local pastor (pastor loci), usually Johann Bu-’
genhagen (pastor at Wittenberg 1523-58 and Luther’s confessor).
Superintendents took the place of bishops in ordaining pastors.

We may note at this point that the occasional modern practice of
having non-ordained persons participate in the laying on of hands
may lead to a misunderstanding of ordination. Though done in jus-
tifiable zeal to counter the view that the ordained have the power to
bestow special gifts of grace, the practice undercuts the institution
of the public office. “It is consonant with the public nature of the
office that those who are entrusted with its care in the church are
also the ones who ordain.””® The point is that those who have been
entrusted with the exercise of the pastoral office also care for its
future and see to its perpetuation.

Examples of Sixteenth Century Practice

We are able to get a glimpse into how the Lutheran confessors
selected pastors by examining the church orders or constitutions
(Kirchenordnungen) of the sixteenth century. In some cases,
churches continued the old ways of obtaining a pastor. Nobles con-
tinued to exercise their right of nomination and presentation of can-
didates to the church and the church continued to confirm and or-
dain or install. Evangelical princes had the final right of approval,
but local ecclesiastical superintendents (such as Joachim Morlin)
found a place within the process as did some Evangelical faculties.
The people of the congregation may have had a minimal role, but
they were never without some role. At the very least, they had the
right of refusal or veto power over a candidate. A few examples
may suffice.

In the heartland of Luther’s Reformation, the domains of the
Emestine branch of the Wettin family, the grandsons of Elector
John the Magnanimous, the confessor of Augsburg, issued instruc-
tions for ecclesiastical visitors in 1554. These instructions laid
down a procedure for replacing a pastor who had died. The elders
(Kirchenveter) of the congregation were to inform the ecclesiastical
superintendent of the area within a day of the pastor’s death. He
then was to provide pastoral care through a neighboring pastor for
a month. During that month the superintendent, together with the
members of the congregation (Pfarrkinder) and its noble patron,
was to designate a candidate for the pastorate. This candidate was
to preach two or three times in the congregation. If the entire con-
gregation, or a good majority of them (along with the noble pa-
tron), found him acceptable they were to inform the superintendent