LUTHERANISM AND CHURCH LAW

Joseph Kenny, O.P.
1961

The original intention of Luther's reformation was the correction of the abuses which prevailed in the Church of his time. There was the quest for money through the distribution of indulgences. There was an exaggerated emphasis on external works to the exclusion of the motivation which should animate them. There was an insistence on many positive Church rules to the detriment of liberty of conscience.

But because of Luther's vehemence and because his opponents pressed the issue, his attack soon involved an attack on fundamental Catholic practices, together with the very authority of the bishops and the pope.

The divinely established authority of the hierarchy was set aside, in favor of the universal priesthood of all believers. Authority no longer rested on official Church teaching, but on the word of God alone as contained in Scripture.

However in rejecting the divine right of the episcopacy and the papacy, Luther did not thereby reject the hierarchy as a workable system of Church government. Episcopal government was to be the order, and Melanchthon would even have the papacy under certain conditions.

Because of Luther's rejection of the divine institution of the episcopacy and the papacy and the need for apostolic succession, the Pope had to reject Luther, and Luther rejected the Pope.

This gave rise to the schism of Christendom, which those of good will on both sides recognize as contrary to the wishes of Christ. Catholics will always maintain that the Catholic Church possesses the unity of the body of Christ and all its essential perfection. Yet to reestablish unity, both Catholics and Protestants need to reexamine the things which separate them, and find out what is needless intransigence and what is unchangeable and basic to unity.

Certainly this is a great task and one full of difficulties. There are theological problems which arise not only from semantics, but also from divergent thought and outlook. Protestant and Catholic thought have developed independently for the past four hundred years in practically closed worlds. If antagonistic theologies in the united Christendom of pre-reformation times found it hard to formulate principles of agreement, how much more difficult will be a meeting of minds between theologies which have had almost no contact for hundred of years.

Besides the theological differences there are differences of practice which have become rooted in the customs of the people. How far unity demands uniformity of practice remains to be determined.

The problem of disunity has been aggravated by social differences and prejudice, which thank God, are fast disappearing. In fact, it is only in the second half of the twentieth century that this obstacle has been sufficiently removed to open the way for wide scale discussion of theological and practical differences.

The first step in a dialogue is to hear the other side. Only when both sides have made known their position can they probe for a minimal topical agreement and proceed to real discussion. The aim of this paper is to present, with as much accuracy as possible within an abridged survey, one aspect of Lutheranism, its position on Church authority and government.

There will be three parts to this paper. The first, omitting other early Lutheran writings, will survey what the document of the Book of Concord says about Church government, since these documents are the universally accepted norms of Lutheran belief and practice. The second will summarizes these documents, the third presents the present Lutheran position on Church organization.

I. The Book of Concord¹

A. The Augsburg Confession

The Augsburg Confession is, after some basic creeds, the first official statement of Lutheran belief. It was composed by Melanchthon for the occasion of presenting the Lutheran cause to Emperor Charles V on 25 June 1530. From the town name, the Confession came to be known as the Confessio Augustana. It was originally written in German, but accompanied by a Latin translation.

The first reference to Church government in this document is article 14: "Of ecclesiastical order they teach that no one should publicly teach in the Church or administer the Sacraments unless he be regularly called." This ambiguous phrase, as will be seen from later documents, refers to the call by the congregation, and not the call by a bishop who has authority by apostolic succession.

The second half of the Confession, articles 22 to 28, are against abuses in the Church. They frequently mention the Canons in support of their attack. This does not imply that the Lutherans accepted Canon Law as binding upon their consciences—after all, Luther had burned the Code before the Wittenberg gate in 1520—but these references are a means of arguing with their opponents from their opponents' own suppositions.

Only article 28 of the second part of the Confession treats explicitly of episcopal power. The whole effect of this long article is to reject the power of bishops to make positive law binding consciences in matters not affecting the external order and peace of the Church. The article attacks interference by the Church in civil affairs, and places such things as fasting, observing Sundays and feast days, saying the canonical hours, and celibacy of the clergy within the sphere of private matters over which the Church can determine nothing.

We should carefully observe that this article is not just a protest against the abuse of over loading the Christian people with extra burdens; it is an attack against the very right to command any positive observances under pain of the sin of disobedience, even if they are reasonable. It says, "For although they endeavor to modify the traditions, yet the mitigation can never be perceived as long as the opinion remains that they are necessary, which must needs remain where the righteousness of faith and Christian liberty are not known."

The article ends with a petition that the bishops relax "some few observances", but clearly the intention of the appeal is that the bishops not command any such observances as within the extent of their power. The Augsburg Confession does not openly deny the divine origin of episcopal authority; it says, "It is not our design now to wrest the government form the bishops." But the threat at the end implies the later development of thought. "But if they make no concession, it is for them to see how they shall give account to God for furnishing, by their obstinacy, a cause for schism."

B. Apology of the Augsburg Confession

This was Melanchthon's reply in May 1531 to the Catholic Confutatio of the Augsburg Confession. It follows the same order as the Confession, commenting on it article by article. The original is in Latin.

On article 14 Melanchthon reaffirms the necessity for a canonical call to orders. He adds, "It is our greatest wish to maintain church-polity and the grades in the Church, even though they have been made by human authority."²

Towards the end of the article he adds, "Furthermore, we wish here again to testify that we will gladly maintain ecclesiastical and canonical government, provided the bishops only cease to rage against our churches." This statement in the Apology is stretched even further in Melanchthon's negotiations with Campeggio, the papal legate: "Parati sumus obedire ecclesiae romanae, modo ut illa pro sua clementia, qua semper erga omnes gentes usa est, pauca wquaedam vel dissimulet vel relaxet, quae iam mutare ne quidem si velimus queamus... Roman Pontificis auctoritatem et universam politiam ecclesiasticam reverenter colimus, modo nos non abiiciat Romanus Pontifex."³

Here Melanchthon concedes that the entire governing system of the Catholic Church might be accepted, but says nothing about whether it is of divine origin

On article 28 Melanchthon repeats what he said in the Confession regarding the power of bishops to pass laws binding in conscience concerning observances which do not affect the order and peace of the Church. He also answers certain passages of Scripture brought up by the Confutatio.

C. The Smalcald Articles

The first half of these was written by Luther in 1537 for the purpose of presenting a defense of Lutheran teaching to the council which Paul III called but which was never held. The German original was followed by a Latin translation in 1541. The second half of the Articles comprises Melanchthon's Tractatus de potestate et primatu papae, and dates also from 1537.

Part II, article 4 of Luther's articles are an open attack on the papal power. This passionate tract, which spares no words against the papacy, may be summarized under two points: first , that the papacy is of human origin, second, that it has abused its power and must be resisted.

Part III, article 2 lists the purposes of law. The first is the prohibition and restraint of evil, the second and most important purpose is the manifestation of original sin and its results. "Law" here means divine law, and specifically the law of the Old Testament. However, the lack of mention of the positive purpose of constructing order indicates a limited view of law which has had its effects on the Lutheran estimation of any kind of ecclesiastical law.

In article 9, Luther rejects what is called "major excommunication", which involved anything more than exclusion from "the sacraments and other communion of the Church". By this Luther meant to exclude the temporal arm from the power of the Church.

In article 10, he argues that if the bishops will not ordain the Lutheran preachers, the Lutherans should hold their own ordinations, on the principle that even the sacraments of heretics are valid. If we were to see here an appeal to the ruling against St. Cyprian in the baptismal controversy we would find an obvious misapplication of the principle, since ordination from a heretic is not valid unless the man ordaining is a bishop. But in fact Luther is not appealing for the validity of Lutheran orders. He is rather insinuating his doctrine of the universal priesthood of believers, which supplies for its own sacramental and jurisdictional authority.

Melanchthon would not sign Luther's articles without qualification: "I, Philip Melanchthon, also regard the above articles as right and Christian. But regarding the Pope, I hold that, if he would allow the Gospel, his superiority over the bishops which he has otherwise, is conceded to him by human right also by us, for the sake of the peace and general unity of those Christians who are also under him, and may be under him hereafter."

The first half of Melanchthon's Tractatus attempts to disprove three claims of the popes: (1) that the pope is by divine right over all bishops and pastors, (2) that by divine right he has both swords, i.e. spiritual authority and the authority of bestowing and transferring kingdoms, and (3) that to believe this is necessary for salvation.

In this work Melanchthon goes further than the Augsburg Confession or the Apology and names the pope "antichrist". Here also, in answering the third claim of the papacy, he quotes the canons, no in favor of his own position, but as a testification of papal tyranny, for example: "No one shall judge the first seat; for the judge is judged neither by the emperor, nor by all the clergy, nor by the kings, nor by the people."⁴

D. The Small Catechism

After beginning his German Catechism, Luther realized that it would be too large for ordinary use. Therefore he started work simultaneously on the Small Catechism. Both German in their original, the Large Catechism was published on 23 April 1529, the Small Catechism in May of the same year.

In the foreword of the Small Catechism Luther urges a point of order which manifests a move within the new Lutheran churches towards regulation of activity. The people were to be taught the commandments, creeds, and the Our Father word for word according to a uniform formula which was never to be changed in the slightest.

He also demands that the prayers and catechism be explained so that people understand their meaning.

In the last part of the foreword, he tells preachers to urge the people to go to the sacraments at least four times a year. And whereas he refuses to make this a law after the manner of papal law, nevertheless he leaves to the devil anyone who does not follow this directive, since they are despising the means of grace.

It is noteworthy that in Luther's comment on the third commandment, he does not mention the duty of worship or abstaining from servile work, but merely says, "We should fear and love God that we may not despise preaching and his Word, but hold it sacred, and gladly hear and learn it." We must look to the Large Catechism for further explanation of this commandment.

Appendix II of the Small Catechism contains a series of quotations form Scripture pertaining to the duties of various states of life. Luther does not disdain to quote Heb 13:17: "Obey them that have the rule over you, and submit yourselves; for they watch for your souls as they that must give account..."

Following the Small Catechism in the German edition is the Traubchlein fr einfaltigen Pfarrhern. The introduction is notable:

So manche Land, so manch Sitte, sagt das gemein Sprichwort. Demnach, weil die Hochzeit und Ehestand ein weltlich Geschft ist, gebrt uns Geistlichen oder Kirchendiener nichts, darin zu ordenen oder regieren, sondern lassen einer iglichen Stadt und Land hierin ihren Brauch und Gewohnheit, wie sie gehen.

E. The Large Catechism

On the third Commandment Luther urges that there be a day of rest, "most especially, that on such day of rest (since we can get no other opportunity) freedom and time be taken to attend divine service, so that we come together to hear and treat of God's Word, and then to praise God, to sing and pray." He attacks what we would all regard extreme practices, "sitting by the fireplace in one's best clothes, a wreath on one's head, hands clasped and doing nothing". He accepts the traditional observances of Sunday, although any other day would do equally as well. The reason no one should change the day is that this would disturb public order. Luther would not admit that disobedience to the Church is part of the sin of someone who does not observe Sunday.

On the fourth Commandment Luther extends the obligation of obedience and honor to all who take the place of one's parents, to civil rulers and even spiritual fathers. "Thus we have two kinds of fathers presented in this commandment, fathers in blood and fathers in office, or those to whom belongs the care of the family, and those to whom belongs the care of the country. Besides these there are yet spiritual fathers; not like those in the Papacy, who have indeed had themselves called thus, but have performed no function of the paternal office. For those only are called spiritual fathers who govern and guide us by the Word of God" In pursuing the subject, Luther says much about honoring and supporting one's pastor, but nothing about obeying him. The underlying supposition is that ruling and commanding are not part of the office of spiritual fathers.

In his commentary on the Apostles' Creed, Luther explains the phrase on the Church without any reference to authority.

In treating of the Eucharist, Luther rejects the law of receiving the Sacrament in Easter time, saying, "The Pope afterwards perverted it, and again made a Jewish feast of it." However he gives a typical answer to why the practice should be continued even thought the command of the Church is not acceptable: "If you wish such liberty, you may just as well have the liberty to be no Christian, and neither have to believe nor pray; for the one is just as much the command of Christ as the other. But if you wish to be a Christian, you must from time to time render satisfaction and obedience to this commandment."

Luther also opposes the current practice of infrequent communion. "But if you say: How if I feel that I am not prepared? Answer: That is also my scruple, especially from the old way under the Pope, in which a person tortured himself to be so perfectly pure that God could not find the least blemish in us... We must, therefore, make a distinction here among men. For those who are wanton and dissolute must be told to stay away; for they are not prepared to receive forgiveness of sin, since they do not desire it and do not wish to be godly. But the others, who are not such callous and wicked people, and desire to be godly, must not absent themselves, even though otherwise they be feeble and full of infirmities." Luther says much more about this, in general agreement with present Catholic practice.

There is an untranslated appendix to the Large Catechism entitled Ein kiurze Vermahnung zu der Beicht. IN it Luther attacks the obligation to confess each and every mortal sin with all preciseness and torture of conscience. On the obligation to go to confession, Luther says, "Damit heben wir nu des Papts Tyrannei, Gebot und Zwang allezumal auf, als die sein nirgenzu drfen, denn wir lehren (vie gesagt) also: Wer nicht villig und mb der Absolution willen zur Beicht gehet, der lasse es nur anstehen."⁵

This is followed by a typically strong antithetic statement: "Darmb wenn ich zur Beichte vermahne, so tue ich nichts anders, denn dass ich vermahne, ein Christen zu sein. Wenn ich Dich dahin bringe, so habe ich Dich auch wohl zur Beicht gebracht."⁶

F. The Formula of Concord

Soon after Lutheranism became established, doctrinal disputes within its members appeared. After many futile attempts of reconciliation between the parties, finally in 1577 an agreement was reached acceptable to most Lutherans. The Melanchthonian party, which would not accept it, was driven into open Calvinism. The formula grew out of the Swabian-Saxon Concord of 1573, the Maulbronn Formula of 1576, and the Torgau Book of the same year. The Formula of Concord consists of the Bergen Book, which is a revision of the Torgau Book, and an introductory synopsis of the Bergen Book called the Epitome. The original is in German.

In article 5 of the Epitome it is admitted that the Gospel, taken as the entire doctrine of Christ, is truly a preaching of repentance and of the forgiveness of sins. But with regard to the proper spirit of the Gospel as contrasted to the Law it is stated: "Accordingly we reject and regard as incorrect and injurious the dogma (wann gelehret wird) that the Gospel is properly a preaching of repentance or reproof, and not alone a preaching of grace; for thereby the Gospel is again converted into a doctrine of the Law, the merit of Christ and of Holy Scripture are obscured, Christians robbed of true consolation, and the door is opened again the the errors and superstitions of the Papacy."⁷

The 6th article settles the controversy whether regenerate Christians are subject to the law. It distinguishes: "The Law is and remains both to the penitent and impenitent, both to regenerate and unregenerate men, one and the same, namely, the immutable will of God; and the difference, so far as concerns obedience, is alone in man, inasmuch as one who is not yet regenerate does for the Law out of constraint and unwillingly what it requires of him (as also the regenerate do according to the flesh); but the believer, so far as he is regenerate, does without constraint and with a willing spirit that which no threatenings of the Law could ever extort form him." Law here, of course, refers to the divine law.

With regard to the forms of Church service, article 10 says, "We believe, teach, and confess that the congregation of God of every place and every time has the power, according to its circumstances, to change such ceremonies in such manner as may be most useful and edifying to the congregation of God."

"Nevertheless, herein all frivolity and offence should be avoided, and especial care should be taken to exercise forbearance towards the weak in the faith.".

The Bergen Book, or Thorough Declaration, considers these same points in greater detail, and does not have anything additional of interest to us.

II. Summary of Early Lutheran position on Church Law

A. What Luther rejected in the Catholic system

The occasion of Luther's revolt was the abuses in the Church at this time. The clergy were living dissolute lives, to support which they needed money. They did not serve the people, but in order to increase their revenues they fostered any pious exercise that might yield money. They reinforced their position by the coercive power of spiritual and temporal penalties and by their power of conferring spiritual benefits, such as indulgences. Luther rejected both the extent of these powers and their origin.

1. The extent of Church power:

Luther's doctrine on good works is the key to his limitation of law, and would explain his revolt even if he did not go so far as to deny that the hierarchy has the divine right to legislate on matters pertaining to life. For Luther, such things as fasting, the observance of feast days, saying the canonical hours, celibacy of the clergy, are matters which affect the common good only exteriorly, and the positive law of the Church can affect them only insofar as they affect the external peace and order of the Church. Besides, for him good works could not directly affect the spiritual good of the Christian community, since they could not merit grace or forgiveness, but were merely accompanying results of justification or helps disposing the individual for God's action within him.

Consequently, Luther placed outside the competence of Church authority all matters not affecting the external organization of the Church. Even marriage is entirely a private or civil matter, and not a sacrament.

2. The origin of ecclesiastical power:

Luther not only limited the sphere of competence of Church authority; he also rejected the divine origin of its monarchical or episcopal form. Therefore, since the bishops and the pope hold only a man-made office, when they abuse their power they may and must be resisted or if need be rejected altogether.

B. What Luther substituted for the Catholic system

In place of authority arising from sacred orders and apostolic succession, Luther argued from Matthew 18 and historical practices to support the theory that ultimate ecclesiastical authority is in the congregation. The congregation may depute certain of its members to perform the functions of pastor, but these differ from the laity only by reason of the office they perform, not by reason of any special character.

Luther's principle was that the Church should be subject to Christ and his written word alone. One would be obliged in conscience to obey ecclesiastical authority only if there were a question of external order. However, a person might still be excommunicated by the congregation for teaching false doctrine or for a scandalous life.

In spite of the supremacy of the congregation in principle, right from the beginning, in Luther's time and with his approval, the state began to take the supreme authority in the Church, giving rise to the Landeskirche.⁸

Luther's own pastor, Bugenhagen, under Luther's approval, drew up many of the church orders for these government dominated churches. In July 1525 Duke Albrecht of Prussia issued in his own name a comprehensive church order for his dominions.

In Saxony, under the command of Duke John, Melanchthon conducted a visitation of the churches, after which he drew up his Unterricht der Visitatoren an die Pfarhern ym Kurfurstenthumb zu Sachsen (1528), which became a mandate of the ruler binding on all. In his preface to this work Luther laments the situation, and "plainly acknowledged his inability to cope with the situation that had arisen within the churches after the breakdown of papal rule, and humbly begged the elector to step in, appoint and invest with the necessary authority these visitors, and give directions for their work."⁹

A synod called by Philip of Hesse drew up a Kirchenornung which put church government back in the hands of the church. Luther disapproved of it as too radical. But when King Christian III of Denmark had a Kirchenordnung drawn up for Denmark and Norway placing himself as head of the church and demanding an oath of fidelity from pastors etc., Luther approved it.

Luther also recommended that pastors be called by the mayors and city councils. He approved of consistories composed of civil and ecclesiastical representatives who would have complete control over church affairs.

"The hard facts of his subsequent personal experience taught him (Luther) that no such spiritual utopia existed anywhere, not even in an ecclesiola in ecclesia. While recognizing the right of a congregation to call and dismiss pastors, in his treatise on this right and power of a congregation or community he also held that in case of necessity preachers might be provided 'through the power of the secular authorities.' Such necessities he learned to recognize more and more clearly as he matured in practical wisdom and judgment and adapted himself to the world of reality in which he lived and labored."¹⁰

Luther maintained that the functions of state and church were different, and that the state often went too far in meddling in church affairs. However "when it became clear that individual congregations were unwilling and incapable of taking the initiative and helping themselves, more and more responsibility was transferred to the princes, until finally complete authority was given to them in the visitation. Thus the foundation was laid for what later became and was called the landesherrliche Kirchenregiment.

III. Present Lutheran Position on Church Law

Lutherans will tell you that they have no canon law. And it is true. Theirs is a confessional, not an organizational unity. IN Germany and Scandinavia they have an episcopal form of government, whereas in America and elsewhere it is congregational. Technically one should speak of the Lutheran churches, not of the Lutheran Church.

Nevertheless, there is some organizational system in these churches, and therefore a basis for some kind of law. In the U.S., Lutheran churches are organized into districts, which correspond to the European dioceses, and districts into synods. Most of the synods (Missouri and Wisconsin are exceptions) are members of or are affiliated with the Lutheran World Federation, formed in 1947 at Lund, Sweden.

The American Lutheran Church will serve as an example of how a synod is organized. In the Appendix, I have specimen pages form the Handbook of the American Lutheran Church, edition of 1960. These represent the fundamental doctrinal and organizational principles which most synods agree on.

The constitutions of the World Federation is contained in the Directory of the Lutheran World Federation. Its doctrinal basis is the same as that of the American Lutheran Church, except that it does not mention the creeds. In the section, "Nature and Purposes", it says: "The Lutheran World Federation shall be a free association of Lutheran Churches. It shall have no power to legislate for the Churches belonging to it or to interfere with their complete autonomy, but shall act as their agent in such matters as they assign to it."

APPENDIX
From the Handbook of the American Lutheran Church
Article IV
CONFESSION OF FAITH

Section 1. The American Lutheran Church accepts all the canonical books of the Old and New Testaments as a whole and in all their parts as the divinely inspired, revealed, and inerrant Word of God, and submits to this as the only infallible authority in all matters of faith and life.

Section 2. As brief and true statements of the doctrines of the Word of God, the Church accepts and confesses the following Symbols, subscription to which shall be required of all its members, both congregations and individuals:

1. The ancient ecumenical Creeds: The Apostolic, the Nicene, and the Athanasian;
2. The unaltered Augsburg Confession and Luther's Small Catechism.

Section 3. As further elaboration of and in accord with these Lutheran Symbols, the Church also receives the other documents in the Book of Concord of 1580: The Apology, Luther's Large Catechism, the Smalcald Articles, and the Formula of Concord; and recognizes them as normative for its theology.

Section 4. The American Lutheran Church accepts without reservation the symbolical books of the evangelical Lutheran Church, not insofar as but because they are the presentation and explanation of the pure doctrine of the Word of God and a summary of the faith of the evangelical Lutheran Church.

Article V
POWERS

Section 1. Origin and Delegation of authority

All authority and power in the Christian Church belong to the Lord Jesus Christ as Head of the Church.

The Lord of the Church has committed to the individual congregations the ministry of Word and Sacrament and therewith basic authority.

Member congregations, in associating themselves with The American Lutheran Church, delegate to it the authority and power essential to carrying out the purpose of the Church as set forth in this Constitutions. As a functioning fellowship, created by and for its member congregations, The American Lutheran Church shall use its delegated authority to fulfill the responsibilities of its member congregations in the areas where those congregations cannot act effectively alone. Thus there exists a mutuality of both responsibilities and rights between the congregations and The American Lutheran Church.

Section 2. The Jurisdiction of the Church

A. Responsibilities

The Church shall

1. Conduct its affairs in accordance with the Constitution, the Bylaws, the Articles of Incorporation, and the Resolutions of the conventions of the Church.
2. Carry out the purpose for which The American Lutheran Church is organized, as set forth in this Constitution.
3. Establish districts and assign to them as much responsibility as may be consistent with a unified and efficient program.
4. Develop financial procedures to assure the efficient fulfillment of its purpose.
5. Have its own corporate name and seal.
6. Pay its debts, settle its claims, and collect its due.
7. Have authority to enter into contracts; sue and be sued; acquire real and personal property by gift, devise, bequest, purchase, or other lawful means; hold and use its property for any and all of the purposes aforementioned and not in conflict with them; and sell, mortgage, lease, transfer, or otherwise dispose of its property by lawful means whenever necessary or expedient to carry out the purposes allowed by its Articles of Incorporation.
8. Require all officers and boards to conduct all their affairs in accordance with the Constitution, the Bylaws, the Articles of Incorporation, and the Resolutions of the conventions of the Church.

B. Relationship to the Congregations

The local congregation calls its own pastor, owns its property, provides for its maintenance, and conducts its own program.

Freedom in Christ is freedom to work in God's Kingdom according to the measure of faith God has given to each believer. In accordance with this principle, the right of members of the congregations of The American Lutheran Church to cooperate with other Lutherans in establishing and maintaining agencies and institutions for mutual edification, for works of mercy, or for missionary endeavor shall be preserved. The American Lutheran Church shall, however, recommend such an agency or institution for support only if it has been approved by the Church Council upon recommendation of the division board concerned.

The jurisdiction of The American Lutheran Church over the congregation shall be limited to the following:

1. To insure faithful adherence to the doctrines of the Church
2. To apply discipline when disloyalty to the Church's doctrinal position is evident.
3. To enlist wholehearted co-operation with the program approved by the Church.

Section 3. Basic Principles of Organization and Operation

This Constitution is based on certain fundamental principles of organization and procedure. These principles shall be preserved in amendments to this Constitution and its Bylaws. They are:

1. The representative character of legislative assemblies shall be preserved.
2. Effective checks and balances between and within the agencies of the Church shall be maintained.
3. The functions of the officers, districts, councils, divisions, boards, commissions, and standing committees shall be clearly defined by the Constitution and Bylaws, which shall also guarantee that responsibility and authority are commensurate.
4. There shall at all times be clear and direct channels for all officers, districts, councils, divisions, boards, commissions, and standing committees of the Church to bring recommendations before the legislative assemblies.
5. The legislative authority shall rest in the conventions of the Church, and between conventions in the Join Council. Supervision of administration, including the determination of policy in the execution of approved legislation, shall rest in the councils, boards, commissions, and standing committees of the Church. The administration of these policies shall be carried out by the officers and the executives elected by the councils, boards, commissions, and standing committees. The authority for final adjudication shall rest with the Board of Appeals and Adjudication.

Article VI
MEMBERSHIP
(Bylaws, Part II)

Section 1. The membership of The American Lutheran Church shall consist of congregations.

The requirements for membership shall be

1. The profession of a common faith.
2. The acceptance of this Constitution and its Bylaws.
3. Participation in the program of activity approved by the Church.

Individuals, clergy and lay, belong to The American Lutheran Church by virtue of their membership in one of its constituent congregations. Except as otherwise provided, such membership shall be essential for election to any office or board membership in The American Lutheran Church.

Section 2. Membership in The American Lutheran Church may be terminated by action of a member congregation or by action of the American Lutheran Church.

1. Should a member congregation no longer desire to remain in the fellowship of The American Lutheran Church, it may terminate its membership in accordance with the procedures prescribed in the Bylaws.
2. The American Lutheran Church may exclude a member congregation from its fellowship because of violation of the conditions of membership stated in Section 1 of this article.

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BIBLIOGRAPHY

Ahlhorn, F. Die Kirchenzucht nach den Grundstzen der lutherischen Kirche, Berlin: Meyer, 1901

Die Bekenntnisschriften der evangelisch-lutherischen Kirche, Gttingen: Vandenhoeck & Ruprecht, 1952. — indispensible

Book of Concord, St. Louis: Concordia Publishing House, 1957 — a translation of the above

Bruce, G.M., "Luther and Church Government," Lutheran Quarterly, vol. 5 (1953), pp. 370-378. — good

Dieckhoff, U.W., Luthers Lehre von der kirchlichen Gewalt, Berlin: Schlawitz, 1865. — good

Directory of the Lutheran World Federation, Geneva, 1958. — indispensible

Dirksen, C.A., An interpretation of Church discipline (thesis), Dubuque: Wartburg Theological Seminary, 1952. — very good, on proceeding against delicts

Elert, Werner, Zwischen Gnade und Ungnade, Abwandlungen des Themas Gesetz und Evangelium, Mnchen, 1948.

Frantzen, Kirchenordnung. Razeburg, 1862. — not important

Graebner, Theo, Handbook for congregational officers. St. Louis: Concordia Publ. House, 1928. — not important

Harnack, Thomas, Die Kirche, ihr Amt, ihr Regiment. Nrnberg: Grebald, 1862.

Handbook of the American Lutheran Church. Minnesota, 1960. —indispensible

Richter, A.L., Die evangelischen Kirchenordnungen des sechszehnsten Jahrhunderts (2 vols.), Weimar, 1846. — very important

Sehling, E., Die evangelischen Kirchenordnungen des sechszehnsten Jahrhunderts (5 vols.). Leipzig, 1902-13 — a better edition.

Zundel, W.A., Fundamentals of Lutheran Church government. Burlington, Iowa: Lutheran Literary Board, 1942. — not very important.

Besides the above mentioned books, see also the collected works of Luther, the standard histories of the Reformation, and current stuedies of the Protestant churches, and also the Lutheran textbooks on dogmatics.

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NOTES

¹ Editions: Die Bekenntnisschriften der evangelish-lutherischen Kirche, Gttingen: Vandenhoeck & Ruprecht, 1952; Book of Concord, St. Louis: Concordia Publ. House, 1957.

² This latter phrase ("even though...") is in the Latin of the Editio Princeps of 1531, but it is lacking in the German text, which reads: "Von der Sache haben wir uns etlichemal auf diesem Reichstage hren lassen, dass wir zum hchsten geneigt sind, alte Kirchenordnung und der Bischofe Regiment, das man nennet canonicam politiam, helfen zu erhalten, so die Bishofe unser Lehre dulden und unsere Priester annehmen wollten."

³ Die Bekenntnisschriften, p. 296, note 3.

⁴ Decret. Grat., P.II, C.9, q.3, c.13.

⁵ Die Bekenntnisschriften, p. 730.

⁶ Ibid., p. 732.

⁷ The phrase, "errors and superstitions of" is in the Latin translation, but not in the original German.

⁸ The following information is taken from G.M. Bruce, "Luther and church government," Lutheran Quarterly, vol. 5 (1953), pp. 370-378.

⁹ Ibid., p. 372.

¹⁰ Ibid., p. 378.

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