LCMS Convention Workbook St. Louis, Missouri — 1975, Page 239

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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

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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