Church & Ministry - Lesson 23

CHURCH AND MINISTRY

2004

LESSON TWENTY-THREE

A. C. The minister has no right to inflict and carry out excommunication without his having first informed the whole congregation. (Church and Ministry, p. 321)

B. Scripture Proof

1. Mt 18:15-18

2. 1Co 5:4,5,13

3. Walther

“However, it is hardly necessary to mention that what the congregation did man for man at the time of the apostles (2Cor. 2:6; 1Tim. 5:20) also may be done by the presbytery or consistory alone, wherever a ruling congregation is represented by a presbytery or consistory made up of ecclesiastical and secular states, so that the excommunication is valid and legitimate if only it is accomplished with the knowledge and consent of the church members.” (Church and Ministry, p. 323)

C. Confessions and Creeds

1. Smalcald Articles

“….Since such as accusation is very grievous and weighty, no one should be condemned in such a case without due process of law and after proper admonition….” (Of the Power and Jurisdiction of Bishops, par. 74-75; German text, Triglot, p. 524). (Church and Ministry, p.323). (see Tappert, pp. 333; Kolb and Wengert, p. 342)

D. Witnesses in Private Writings

1. Heshusius, Tilemann (See Lesson 13)

“‘The highest power that the church has on earth is to retain the sins of impenitent, obstinate sinners and by excommunication to exclude them from the congregation. This jurisdiction properly belongs to the church, and if it is exercised by ministers, this is done only in the name and by the command of the congregation.’(Bidembach, Cons. th., dec. 10, p. 226).” (quoted, Church and Ministry, p.325)

2. Gerhard, John (see Lesson 1)

“‘Neither major nor minor excommunication may be administered by the ministers of the Word without the decision of the ecclesiastical senate [church council] or the consistory, because the power of excommunication does not belong to the bishop but to the elders who represent the whole congregation….” (Loci theologici, “De min. eccl.”, par. 286).” (quoted Church and Ministry, p. 328)

3. Brochmand, Caspar Erasmus

a. “bishop of Zealand; b. at Kögen on the island of Zeeland (Denmark) 1585; d. 1652.” (Church and Ministry, 359) (Note: I was unable to locate him in Lutheran Cyclopedia)

b. “‘Although the administration of the binding keys belongs especially to the duly called ministers of the divine Word, God has prevented pastors in so difficult a case from undertaking anything without the counsel of the elders and the whole congregation….’ (Universae theologiae systema, 2:379-80).” (quoted Church and Ministry, pp.329-331).