REFLECTIONS ON THE CONSTITUTION AND BYLAWS

OF LOCAL CONGREGATIONS 

THE CONFESSION CLAUSE

Part II 

By

Larry D. Harvey

In the previous article, I examined the Introductory Phrase and Paragraph 1 of Article II Confession of the Constitution of the Lutheran Church-Missouri Synod.  In this article, I will look at Paragraph 2 of Synod’s Article II which says:

“The Synod, and every member of the Synod, accepts without reservation:

1. The Scriptures of the Old and New Testament as the written Word of God and the only rule and norm of faith and of practice;

2. All the Symbolical Books of the Evangelical Lutheran Church as a true and unadulterated statement and exposition of the Word of God, to wit:  the three ecumenical Creeds (the Apostles’ Creed, the Nicene Creed, the Athanasian Creed), the Unaltered Augsburg Confession, the Apology of the Augsburg Confession, the Smalcald Articles, the Large Catechism of Luther, the Small Catechism of Luther, and the Formula of Concord.”[1]

            In the previous Article, I raised the question as to whether every member of a Congregation, baptized, communicant, or voting, “accepts without reservation” the confession concerning the Scriptures found within Paragraph 1 of Article II.  That question is also relevant to Paragraph 2, particularly since it appears that most of the baptized, communicant, and voting members of the local congregations have never even read the Symbolical Books delineated. 

            The first question is what do we truly mean when we say every subscriber “accepts without reservation?”  Throughout the history of the Lutheran Church, there has been controversy, both within and without, as to the nature or extent of the subscription required in making this statement.  That debate has often employed the language of whether or not a “quatenus” subscription or a “quia” subscription is required.  The Latin word “quatenus” basically means “insofar as,” while “quia” means “because.”  Historically, the Lutheran Church has required a quia subscription wherein the subscriber affirms that he accepts the Symbols because they are in complete agreement with the Holy Scriptures.  The quatenus form, on the other hand, is generally used to allow the confessor the freedom to maintain the appearance of agreement in doctrine while also reserving unto himself the right to disagree wherever it may suit him.  Accordingly, the quatenus form of subscription is really no statement or confession at all.[2] 

            Paragraph 2 references “All the Symbolical Books of the Evangelical Lutheran Church.”  What are the Symbolical Books of the Evangelical Lutheran Church?  To answer that question we must define “symbol.”  The Editor’s Introduction to a new translation of the Book of Concord defines “symbol” as follows:

“From the second century on Christians have expressed the biblical faith in summaries that served to identify the church’s public message.  The Greek word symbol—a technical word for creed—identified the function of such summaries of the church’s teaching as its identifying statement of belief, purpose, and mission.”[3]

In other words, a symbol is a written confession of faith. 

            Where are the Symbolical Books of the Evangelical Church to be found?  The Symbols are contained in the Book of Concord of 1580.  Those Symbols or Confessions, are specifically listed in the remainder of Paragraph 2 of Article II, and were published on June 25, 1580, the fiftieth anniversary of the presentation of the Augsburg Confession.  A complete history of the Book of Concord of 1580 and each Confession contained therein is beyond the scope of this Article.  I strongly recommend that every Lutheran read not only the Confessions contained in the Book of Concord of 1580, but also Kolb and Wengert’s introductions, explanations, and footnotes contained in that recent translation (see footnote 3). 

            What constitutes the ‘Evangelical Lutheran Church?  I discussed the term “Evangelical” in the prior Article in this series concerning the Name clause.  All those whose confession of faith is in complete agreement with the Symbols, by teaching and practice, would fall within the definition of Evangelical Lutheran Church.  Simply including “Evangelical Lutheran Church” within the name of a visible body is not sufficient.  It is agreement in confession of faith that determines true membership and inclusion.

            What do we mean when we say that the Symbols are ‘a true and unadulterated statement and exposition of the Word of God?’ Most would understand “true” to mean the symbols contain no falsehood, with no deviation or variation from the objective standard  provided by the Holy Scriptures, as discussed in the prior Article in this series.  That standard is the formal principle of Lutheran theology, namely, that the Holy Scriptures constitute the sole source and norm for all teachings and life within Lutheranism.  “Unadulterated” may be a less familiar.  Webster defines “unadulterated” as “pure, unmixed.”[4]  In other words, nothing has been allowed to mix with that which is taught clearly in the Holy Scriptures, whether by addition or deletion.  The Symbols are a “pure” presentation of that which is clearly taught by God in the Scriptures and believed by those with saving faith.

            Next   consider the word “exposition”.  Edmund Schlink wrote, “A confession must in every case be exposition of Scripture, that is, the affirmation of man that he has heard God’s word and acknowledges it.”[5]  It is important to note that a confession and therefore an exposition, requires that the Word first be heard and believed in all of its purity.  “The Confession does not in the first instance determine what is to be taught, but sums up what is taught in the Church.  It does not determine what kind of statements the Bible contains, but which statements are made on the basis of the Bible, what kind of call issues from the Bible.”[6]  Accordingly, correct and true exposition of the Holy Scriptures, “…like all hearing and proclamation of the Gospel, does not result from human ability, but from the operation of the Holy Spirit who is given through Word and Sacrament.”[7]  In order to be a true exposition, the Confession must not only correctly present the doctrine of the Holy Scriptures, but also refute those heresies and false teachings with which the Church is confronted at that time. 

            It should also be noted that Article II employs the plural “Symbolical Books” and the singular “Statement and Exposition.”  Even though we often use plural terms such as “doctrines” or “teachings,” remember that God’s Word is singular.  There is truly nothing but the “doctrine” of Holy Scriptures.  You can not pick and choose from the teachings of God without denying the authority of the Scriptures.  This would also mean that the various Symbols must be understood to be in agreement with each other in presenting a pure exposition of God’s Word.

            Article II next lists the Symbolical Books of the Evangelical Lutheran Church, beginning with “the three ecumenical creeds.”  “Ecumenical means worldwide, (general), or universal.  Though not all these creeds are used by all (churches) they are used by (churches) throughout the world.”[8]  First of all, the “ecumenical creeds” are not synonymous with the “ecumenical councils.”  The various churches within the Eastern Orthodox Churches and the Roman Catholic Church recognize seven ecumenical councils, including Nicaea I (325 A.D.), Constantinople I (381 A.D.), Ephesus (431, A.D.), Chalcedon (451, A.D.), Constantinople II (553, A.D.), Constantinople III (680-681 A.D.), and Nicaea II (787 A.D.). Lutherans, however, do not consider any of the councils after Chalcedon to have been truly worldwide or universal.[9]  Nor does the reference to the three Ecumenical Creeds put us within what is often called the “Ecumenical movement” within visible Christendom today.  That movement is typified by attempts to create unity without an agreement in doctrine.[10] 

            Why list the Ecumenical Creeds before the Reformation Symbols?  Why would we not include only what was written and accepted by Lutherans?  First of all, the Confessions of the Evangelical Lutheran Church are the confession of the “One holy Christian church.”  Accordingly, Lutherans understand  the three ancient Creeds to be the confession of the ancient church. “The Book of Concord viewed itself in light of the creeds of the ancient church.”[11]  However, all confessions of faith, including these three Ecumenical Creeds, must be completely dependent on Holy Scripture.[12] 

            The first of the three Ecumenical Creeds listed is the Apostles’ Creed. 

“Our Apostles’ Creed has its roots in the baptismal formula (Matt. 28: 19).  As questions concerning the Person and work of each of the Persons of the Godhead arose, the baptismal formula was amplified and developed into what we now know as the Apostles’ Creed.  The title “Apostles’ Creed” first occurs in a letter drafted by St. Ambrose for the Synod of Milian (A.D. 390) and sent to Roman bishop Siricius.  By this time (A.D. 390) the legend had arisen that this creed had been composed by the apostles under the guidance of the Holy Spirit at Pentecost.  Although the text of this creed as used in A.D. 390 was substantially the same as ours, further refinements and revisions were made.  Our present text is that used in Gaul, which Charlemagne imposed on the church of western Europe in the 9^th century.”[13]

            The Nicene Creed is next. 

“In A.D. 318 Arius, a pastor in Alexandria, began to publish his daring conclusions about the Word, or Jesus Christ.  He stated that the Word was a creature whom the Father had created out of nothing by His mere fiat; that as a creature the Word must have had a beginning; that the Son had no communion with, or direct knowledge of, His Father; and that Christ was the Son of God only by participation in the Father’s grace.

“Arius’ heretical views gained wide publicity and acceptance.  Because a substantial portion of the church became Arians, heated conflict resulted between the Arians and the orthodox.  Emperor Constantine, who had accepted and supported Christianity in the hope that Christianity could unify and strengthen the tottering Roman empire, was dismayed.  He called a council of the head pastors (bishops) of geographical areas to convene in Nicea in A.D. 325 to settle this controversy.  The result of this council was the Nicene Creed, which condemned the Arian heresy and asserted vigorously the unique deity of Christ.  (Local usage refined the text of this creed as adopted at Nicea.  Our present text was adopted at Constantinople, A.D. 381, and Chalcedon, A.D. 451).

“All Christian teachers were required to subscribe to the Nicene Creed as evidence of their orthodoxy.  Failure to do so meant deposition from office and excommunication from the church.  Thus the Nicene Creed was formulated as a test of orthodoxy of those already members of the church.  The Apostles’ Creed has persisted to this day as the test of a catechumen’s faith at baptism; the Nicene Creed was a theological statement of the church’s faith for Christians, not a test for converts from paganism.”[14]

            The third ecumenical creed listed is the Athanasian. 

“The third great creed of the church, the Athanasian Creed, arose out of the darkness that descended on western Europe after the conquest of Rome by barbarian tribes in the 5^th century.  Many cities were razed and never rebuilt.  Roads and theaters fell into ruin.  Education, drama, literature, and art were ignored.  In the West society dissolved; art, philosophy, and theology were neglected.  Very few clergyman could even read or write.  The clergy needed a concise statement to be memorized that would sum up the essential truths to be accepted, thought, and taught about God and His Son, Jesus Christ.  This was the need that the Athanasian Creed met.

“We do not know when or by whom the Athanasian Creed was composed.  It probably originated in Gaul (modern France) sometime between A.D. 434 and 670.  In later centuries this creed became widely known and gained high respect.  At one time Luther described this creed as being the most important document of the New Testament church since the days of the apostles.”[15],[16]

            At this point, Article II lists the distinctly Lutheran Confessions.  However, before looking at any of those Confessions,  understand clearly that no confession of the Evangelical Lutheran Church introduces any new doctrine to the holy, Christian and apostolic Church.  Because of the Lutheran Confessions’ fixed relationship to the Scriptures there can be no new true doctrine or teaching within the Church.  New errors or false teachings may arise or, more likely, old errors arise in new outward appearances. So what may look like new teachings may not be anything more than the same old teachings of the Scriptures applied to the new form of old errors.  Accordingly, the Lutheran Confessions constitute nothing more than affirming the truths always found in the Scriptures and refuting errors and false teachings, whether new or old.

            Following the three Ecumenical Creeds, Article II lists the Unaltered Augsburg Confession.  The history and chronicling of all of the events that led up to the Augsburg Confession is beyond the scope of this Article.  However, in short summary, after over a decade of controversy between the Roman Church and the supporters of Martin Luther, Holy Roman Emperor Charles V called for Lutheran princes and cities to present and explain their doctrinal positions at an imperial diet in the southern German city of Augsburg.  Phillip Melanchthon was the primary author of this Augsburg Confession, drawing upon prior writings that addressed controversies with Swiss Reformed Theologians as well as with Rome.  Before completing the Augsburg Confession, Melanchthon sent it to Martin Luther for possible revision.  The assembled princes and representatives presented the Confession to the diet on June 25, 1530.  Chancellor Christian Beyer read the German text to the assembly.  In compliance with the Emperor’s demands, Phillip Melanchthon had also prepared a Latin version of the Confession.[17] 

            The text of the Augsburg Confession, also known as the Augustana, was published by 1531.[18]  English translations of the Augsburg Confession today generally include a translation of the German as well as the Latin texts.  However, Melanchthon undertook to improve upon the Augsburg Confession and wrote new variations that compromised his teaching and included such errors as gradual justification.[19]  Melanchthon’s altered Augsburg Confessions are known by their Latin name Variata.  To clearly identify itself with the proper confession, Synod uses “the Unaltered Augsburg Confession.”  Most congregations within the LC-MS include “Unaltered Augsburg Confession” or its abbreviation “U.A.C.” within their names. 

            The Apology of the Augsburg Confession is next on the list.  The word “apology” in today’s common usage, implies regret.  However, the word is used here in the classical sense of “defense.” Accordingly, a paraphrase of the title of this Confession would be “The Defense of the Augsburg Confession.”  Again, the history and events leading up to the Apology are beyond the scope of this Article. In general, after the Augsburg Confession was presented, Rome prepared a Confutation of the Lutheran Confession, attempting to rebut the propositions advanced by the Lutherans.  Rome attempted to keep the Lutheran representatives from ever obtaining a copy of the actual text of their Confutation. One was finally obtained and Melanchthon wrote the Apology.  Consult Kolb and Wengert to understand the history of various editions to the Apology.  They explain why they chose certain editions as the basis for their translation.[20]  The editions are all dated 1531. 

            The Smalcald Articles were written by Martin Luther in the year 1537.  In general, these articles arise out of Pope Paul III’s call for a general council to be held in Mantua during May, 1537.  Events delayed the council until December, 1545. In the meantime Saxon Elector John Frederick commissioned Luther to prepare a summary of the Lutheran position.  Luther prepared such a summary in three basic sections.  The first section is a confession of “…ancient Trinitarian doctrine, on which both the papal party and the Lutherans publicly agreed.  The second section confessed what Luther viewed as the heart of the Biblical message: Christ’s atoning work and the concept of trust….a third section treated a series of doctrinal topics on which Luther hoped that theologians could find common formulations of biblical truths.”[21] 

            The document was presented at a meeting of a defensive league organized by the Lutheran princes in Smalcald in 1531.  Although the princes decided not to use Luther’s articles at the scheduled council, most of the assembled theologians did subscribe to it as their confession of faith.  In 1538 the Articles were printed with an added preface by Luther.  When printed, Melanchthon’s document on “Treatise on the Power and Primacy of the Pope” was attached.  The attachment led to a misunderstanding, still common today, that Melanchthon’s Treatise is an addendum to Luther’s Smalcald Articles.  The Book of Concord of 1580 includes Melanchthon’s Treatise after the Smalcald Articles.  However, as Kolb and Wengert point out, it was only in later printings that the Treatise was considered an appendix to the Smalcald Articles.[22]  Article II of Synod’s Constitution on its face, implies a continuation of that misunderstanding by not specifically naming the Treatise. 

            Martin Luther’s Large Catechism is next on the list.  Again, Kolb and Wengert provide a very helpful introduction, including a good discussion of the various editions:[23]  Kolb and Wengert follow “…the text of the Second, Revised and Expanded Version of 1529.”[24] 

            The Large Catechism itself arose out of a recognition of the need to instruct “simple, often poorly trained clergy in the basics of the faith.”[25]  Accordingly, the Large Catechism is generally considered to address the clergy. However, by its inclusion in the Book of Concord of 1580, it is a confession of laity as well as clergy.  Unfortunately, many lay people miss the opportunity for the instruction, encouragement and comfort  contained in the Large Catechism, receiving all of their instruction from the Small Catechism.  The Large Catechism is not simply an expanded “heavier” version of the Small Catechism. 

            Luther completed his Small Catechism in 1529, though he revised it slightly in 1531 by adding two appendices. “Catechism” is derived from a Greek word meaning “to sound again or from above.”[26].  The Greek word katecho used by Paul in his Epistle to the Galatians (6:6) denoted Christian instruction.[27]  The Latin noun catechismus is derived from the Greek. First used by fifth century Bishop Augustine of Hippo, it also denoted basic Christian instruction using the question and answer method.[28]  Most, if not all Lutherans, are familiar with Luther’s Small Catechism since it serves as the tool for basic instruction during confirmation. The two appendices were disputed, and some editions removed them.  Kolb and Wengert include both in their translation of the Book of Concord. 

            The Formula of Concord is last on the Article II list.  After Luther’s death in 1546, there was great controversy within the Reformation on issues such as the role of the human will in salvation and original sin.  Out of that conflict, the two documents, the Solid Declaration of the Formula of Concord and the Epitome of the Formula of Concord, arose in 1577.  The Formula of Concord was incorporated “…as the concluding document of the Book of Concord.”[29] 

            At this point, note that Synod’s Guidelines for the Constitution and Bylaws of a Lutheran Congregations state the following:

“The Synod requires that its member congregations accept the Synod’s confessional standard.  At the same time the congregation’s own standard must not go beyond the Synod’s confessional standard.”[30]

            Accordingly, a congregation, by its membership in the Synod, cannot require a pastor to subscribe to any statement of doctrine beyond the confessions named, even if that statement has been formally adopted by Synod as a statement of its teachings, such as C.F.W. Walther’s  Church and Ministry (Kirche und Amt), adopted by Synod Convention in 1851. 

            With these thoughts in mind, consider the following examples of an introductory phrase for the portion of a Confession Clause dealing with the Book of Concord:

            Confession Clause, Alternative One (Introduction to Book of Concord)

“All the Symbolical Books of the Evangelical Lutheran Church contained in the Book of Concord of 1580 as the true and sound exposition of Christian doctrine from and in full agreement with the Holy Scriptures.”

            Confession Clause, Alternative Two (Introduction to Book of Concord)

“All the Confessions of the Lutheran Church, contained in the Book of Concord of 1580, to be the true exposition of the doctrines of the Holy Bible.”

            Confession Clause, Alternative Three (Introduction to Book of Concord)

“All the Symbolical Books of Evangelical Lutheran Church as a true and unadulterated statement and exposition of the Word of God.”

**********

            Which of the above Alternatives would you prefer to include in the Constitution of your congregation?  Ask yourself why you prefer one over the others. 

            Now, let us ask specific questions about each of these Alternatives,

·        Which Alternative best reflected the relationship between the Symbols of the Evangelical Lutheran Church and the Scriptures?

·        Which Alternative best reflected the relationship between your congregation’s Constitution and the Book of Concord of 1580?

·        Do any of these Alternatives imply that the Book of Concord of 1580 contains every application of the Scriptures to specific controversies?

Now, with the above discussion of the Symbols themselves, consider the following examples of the lists of the Symbolical Books.

      Confession Clause Alternative One (list of symbols)

The three Ecumenical Creeds (the Apostles’ Creed, the Nicene Creed, and the Athanasian Creed),

            The Unaltered Augsburg Confession

            The Apology of the Augsburg Confession

            The Smalcald Articles

            The Large Catechism of Luther

            The Small Catechism of Luther

            The Formula of Concord

      Confession Clause Alternative Two (list of symbols)

The three Ecumenical Creeds (the Apostles’ Creed, the Nicene Creed, and the Athanasian Creed),

            The Unaltered Augsburg Confession of 1530

            The Apology of the Augsburg Confession of 1531

The Smalcald Articles of 1537, including the Treatise on the Power and Primacy of the Pope

            Martin Luther’s Large Catechism of 1529

            Martin Luther’s Small Catechism of 1529

The Formula of Concord of 1577, containing both the Epitome and the Solid Declaration

*****

            Again, which of these Alternatives would you prefer?  Again, ask yourself why you prefer one over the others. 

            Now let us ask specific questions about each of these Alternatives:

·        Which Alternative best reflected the contents of the Book of Concord of 1580?

·        Which Alternative provides the best teaching tool within your congregation?

Synod’s Article II stops here.  However, the question arises as to whether or not your congregation’s Constitution should clearly connect the Confessional Standard to the life of the congregation.  I submit that it is important to make the connection expressly.  First of all, since the very definition the Church requires that all of a congregation’s life be connected to Word and Sacrament, this clause has the opportunity to keep that clearly before the congregation and its leaders, particularly.  Secondly, Article VI of Synod’s Constitution states “Conditions for acquiring and holding membership in the Synod are the following: . . . 4. Exclusive use of doctrinally pure agenda, hymnbooks, and catechisms in church and school.”[31] 

Consider the following examples of a concluding statement within the Confession Clause in the constitution of local congregations.

            Confession Clause, Alternative One (Concluding Statement)

“In this Congregation, no doctrine shall be taught or tolerated which is at variance with these Symbols of the Evangelical Lutheran Church, and according to this norm of doctrine, all doctrinal controversies which may arise in this Congregation shall be decided.”

            Confession Clause, Alternative Two (Concluding Statement)

“To this form of doctrine, all doctrinal controversies which may arise in this congregation, may God prevent, shall be decided and adjudicated.”

            Confession Clause, Alternative Three (Concluding Statement)

“No doctrine or practice in conflict, or inconsistent with the above norms of our faith and life shall be taught or tolerated in this Congregation.  Accordingly, all hymns, prayers, liturgies, and educational materials, whether in written, audio, or visual media, shall conform to this Confessional Standard.”

*****

            Which of these Alternatives would prefer?  Again, ask yourself why you prefer one over the others. 

            Now let us ask specific questions about each of these Alternatives.

·        Which Alternative best reflected the doctrinal norm for the faith and life of your congregation?

·        Which Alternative best served as a teaching tool of the proper standards by which the life and practices of the congregation are to be measured?

As I discussed in the prior Article dealing with the Name Clause, if “Lutheran” is understood as identifying those who believe, teach, confess, and practice in strict conformity to the Holy Scriptures, and the Symbols are confessed to be a true and correct exposition of the Scriptures, how is it that so many otherwise capable lay people, including lay leaders, have never read or been taught the contents of each of those Symbols?  The Constitution of a local congregation provides the opportunity to at least introduce those Symbols to each and every voting, if not communicant member of the congregation.  Then, as decisions are made in the choice of curricula, hymns and songs, and the like within the life of the congregation, a real tool is available for use in the decision making process.

      Next Article:

      Synodical Affiliation.

Mr. Harvey is an attorney practicing in Houston, Texas, USA, a member of Zion Lutheran Church, Tomball, Texas and was the lay representative on the Committee on Constitutions and Bylaws of the Texas District, LCMS, 2001-2003.  The views expressed herein are Mr. Harvey’s personal thoughts and opinions, and are not meant to represent the position of the Committee on Constitutions and Bylaws of the Texas District, LC-MS.