Official Organ of the Concordia Historical Institute801 De Mun Ave., St.. Louis, Mo.Subscription, 60 cts. per copy, $2.00 a year, payable strictly in advanceA subscription for the QUARTERLY included in the fees of membership in the Institute:Active, $2,00 per annum; Sustaining, $5.00 per annum; Life, $10.00, single paymentVol. XVI April, 1943 No. 1Our First Synodical ConstitutionWhen the various Protestant church bodies established themselves on American soil, particularly after theformation of these United States, it was necessary to draw up constitutions for the government of their respectivegroups. As most of these bodies had-formerly been state churches, they were confronted with difficult andfar-reaching problems of church polity as they endeavored to plant their church groups in a country in which theChurch is independent of the State. In the case of our own Synodical fathers and founders, with their insistence onstrict adherence to Biblical command and precept, one of the chief problems in connection with their Synodicalconstitution was to safeguard the fundamental rights of the local congregation and at the same time to make thejoint efforts of congregations, synodically bound together, practical and feasible. How well they succeeded ìs shownby the fact that fundamentally our Synodical constitution remains unchanged to this day.It is well known that the preliminary meetings that led to the organization of Synod were held in Cleveland,St. Louis, and Fort Wayne, and that the Loehe men in Michigan and Ohio, Wyneken and his friends in Indiana, andthe Saxons -in Missouri were theConcordia Historical InstituteQuarterly16 (April, 1943) no. 1:1-18Public Domain2 CONCORDIA HISTORICAL INSTITUTE QUARTERLYgroups involved in this effort to form a sound, orthodox Lutheran synod. At the Cleveland meeting, September,1845, a number of Loehe men met with Wyneken and decided to send a delegation to St. Louis to confer withWalther and the Saxons. At this St. Louis meeting, held in May, 1846, the propositions for an Evangelical LutheranSynodical constitution were drawn up: At the third meeting in Fort Wayne - July of the same year - this tentativedraft of a constitution was further studied, and the definite draft of a Synodical constitution was agreed upon,which then became official at the organization meeting in Chicago in April, 1847.The Concordia Historical Institute has in its archives a copy of the propositions drawn up in May, 1846;perhaps, it is the original. In the following pages we are giving them in English translation, in parallel columns,with an English translation of the first Synodical constitution. The translations were prepared by Mr. Ray Suelflow,our assistant curator. We believe that these documents will be of value arid interest not only to the student ofchurch polity, but also to many others in our circles, since at the present time Synod has a committee at workrevising our Synodical Handbook, and we understand that a report of this committee will soon be issued. W.G.P.Propositions for an Evangelical LutheranSynodical ConstitutionI. Reasons for forming a synodical organization.1. The apostolic example. (Acts 15).2. To preserve the unity of pure confession (Eph. 4:3ff.). and toprovide common defense against separatism andsectarianism (Rom. 16: 17).3. The establishment of unity in church government and itsexecution, and the largest possible -similarity in ceremonies.4. The will of the Lord that the diversities of gifts be used forthe common good. (1 Cor. 12:4-31.)5. To make possible the promotion of common church projects.(Seminary, agenda, hymnal, Book of Concord, schoolbooks,Bible distribution, mission projects within and outside theChurch.)Constitution of the German EvangelicalLutheran Synod of Missouri, Ohio, and OtherStatesI. Reasons for forming a synodical organization.1. The example of the apostolic Church. (Acts 15:1-31.)2. The preservation and furthering of the unity of pureconfession (Eph. 4:3-6; 1 Cor. 1:10) and to provide commondefense against separatism and sectarianism. (Rom. 16:17).3. Protection and preservation of the rights, and duties ofpastors and congregations.4. The establishment of the largest possible conformity inchurch government.5. The will of the Lord that the diversities of gifts be used forthe common good. (1 Cor. 12:4-31. )II. Conditions under which a congregation may join Synod andremain a member.1. Acceptance of the Holy Scriptures, both the Old and NewTestament, as the written word of God and as the only ruleand norm of faith and life.2. Acceptance of all the symbolical books of the EvangelicalLutheran Church (these are the three Ecumenical Symbols,the Unaltered Augsburg Confession, the Apology, theSmalcald Articles, the Large and the Small Catechism ofLuther, and the Formula of Concord) as the pure andunadulterated explanation and presentation of the Word ofGod. 3. Separation from all commixture of Church or faith, as, forexample, serving of mixed congregations by a servant of theChurch; taking part in the service and Sacraments ofheretical or mixed congregations, taking part in anyheretical tract distribution and mission projects, etc.4. The exclusive use of doctrinally pure church books andschoolbooks. (Agenda, hymnals, catechism, readers, etc.)5. Proper (not temporary) calling of the pastors and orderlyelection of congregational delegates by the congregation.The life of both minister and delegate must be beyondreproof. 6. Provision of a Christian education for the children of thecongregations.6.The unified spread of the kingdom of God and to makepossible the promotion of special church projects.(Seminary, agenda, hymnal, Book of Concord, schoolbooks,Bible distribution, mission projects within and outside theChurch.)II. Conditions under which a congregation may join Synodand remain a member.1. Acceptance of Holy Scripture, both the Old and the NewTestament, as the written word of God and as the only ruleand norm of faith and life.2. Acceptance of all the symbolical books of the EvangelicalLutheran Church (these are the, three Ecumenical Symbols,the Unaltered Augsburg Confession, the Apology, theSmalcald Articles, the Large and the Small Catechism ofLuther, and the Formula of Concord) as the pure andunadulterated explanation and presentation of the Word ofGod.3. Separation from all commixture of Church or faith, as, forexample, serving of mixed congregations by a servant of theChurch; taking part in the service and Sacraments ofheretical or mixed congregations; taking part in anyheretical tract distribution and mission projects, etc.4. The exclusive use of doctrinally pure church books andschoolbooks. (Agenda, hymnals, readers, etc.) If it isimpossible in some congregations to replace immediatelythe unorthodox hymnals and the like with orthodox ones,then the pastor of such a congregation can become amember of Synod only if he promises to use the unorthodoxhymnal only under open protest and to strive in allseriousness for the introduction of an orthodox hymnal.5. Proper (not temporary) calling of the pastors and orderlyelection of congregational delegates by the congregation.The life of both minister and delegate must be beyondreproof.6. Provision of a Christian education for the children of thecongregations. CONCORDIA THEOLOGICAL INSTITUTE QUARTERLY 37. Exclusive use of the German language in the synodicalconventions. Only guests may use a different language ifthey cannot speak German.8. Strangers cannot become members of Synod unless they canprove themselves to be thoroughly, orthodox in respect todoctrine and, life.III. External organization of Synod.1. The synodical personnel is made up of the ministers of theChurch and the delegates of the congregations. Eachcongregation has the right to elect one delegate. If pastors ordelegates are absent for a good reason they may in aparticular case deliver their vote in writing.2. The above-mentioned members of Synod elect out of theirnumber by majority vote a president, a vice-president, asecretary, and a treasurer, who are to hold office for threeyears. The first three are to be pastors, but the treasurer maybe a layman.3. Advisory members are those orthodox pastors notempowered to vote by their congregations, and allcandidates for the ministry and the teaching profession, andall representatives of congregations of Synod besides thedelegates.4. All synodical conventions are conducted publicly. Yet Synodcan make an exception to this rule if it is found to benecessary or if a request to that effect is made.5. The pastors of Synod are to take advantage of their presenceat the synodical convention also for holding a pastoralconference.6. The synodical convention will be held once each year.7. Several times during the convention various members ofSynod are, to preach on topics assigned to them by thePresident at least three months in advance.8. Matters of doctrine and of conscience will be decided by theWord of God alone. All other decisions will be made by ámajority of votes. In case of a tie vote, the President casts thedeciding vote.4 CONCORDIA HISTORICAL INSTITUTE QUATERLY7. Exclusive use of the German language in the synodicalconventions.III. External organization of Synod.1. The synodical personnel is made up of the ministers of theChurch and the delegates of the congregations. Eachcongregation has the right to elect one delegate2. The above-mentioned members of Synod elect out of theirnumber by majority vote a president, a vice-president, asecretary, and a treasurer, who are to hold office for threeyears. The first three are to be pastors, but the treasurer maybe a layman.3. Advisory members are those orthodox pastors notempowered to vote by their congregations, and allcandidates for the ministry and teachers.4. All synodical conventions are conducted publicly.5. The pastors of Synod are to take advantage of the timebetween synodical conventions to hold a pastoralconference.6. The synodical convention will be held once each year.7. Several times during the convention various members ofSynod are to preach on topics assigned to them by thePresident at least three months in advance.8. Matters of doctrine and of conscience will be decided by theWord of God alone. All other decisions will be made by amajority of votes. In case of a tie vote, the President casts thedeciding vote. CONCORDIA HISTORICAL INSTITUTE QUARTERLY 5IV. Business of Synod.1. To stand guard over the purity and unity of doctrine andto oppose false doctrine within the synodical circle.2. Supervision over the performance of the official duties onthe part of the pastors and teachers of Synod.3. Common protection and extension of the church.4. Publication and distribution of a church periodical.5. Conscientious examination of candidates for the ministryand teaching profession.6. To provide for ecclesiastical ordination and induction intooffice.7. The preparation of future preachers and teachers for servicein the Church.8. To provide for congregations without pastors, if the formerapply to Synod.9. To take over judicial cases, but only when Synod is asked todo so.10. To strive after the greatest possible uniformity inceremonies11. To have concern for the faithful execution of all the dutiesof the ministry, especially of the truly evangelical cure ofsouls in all its branches; in this respect also to help advancesound catechumen in instruction above all, and especiallywith reference to the false doctrines of the prominent sects;also to in institute and maintain catechizations everySunday for the confirmed youth.12. To support indigent congregations who are members ofSynod, that they may obtain the regular service of a pastor.13. To gather church statistics within Synod and also to start achronicle of American Lutheranism.14. To establish connections with the Lutheran Church inforeign countries, especially Germany.V. Execution of synodical business.1. Synod meets annually at the time and place agreed upon inthe previous convention.14.IV. Business of Synod.1. To stand guard over the purity and unity of doctrine withinthe synodical circle, and to oppose false doctrine.2. Supervision over the performance of the official duties onthe part of the pastors and teachers of Synod.3. Common protection and extension of the church.4. Publication and distribution of a church periodical.5. Conscientious examination of candidates for the ministryand teaching profession.6. To provide for ecclesiastical ordination and induction intooffice.7. The preparation of future preachers and teachers for servicein the Church.8. To provide for congregations without pastors, if the formerapply to Synod.9. To give theological opinions, also to settle disputes betweensingle persons or between parties in the congregations. Butthe latter is to take place only in cases where all personsinvolved have applied to Synod for arbitration.10. To strive after the greatest possible uniformity inceremonies.11. To have concern for the faithful execution of all the dutiesof the ministry, especially of the truly evangelical cure ofsouls in all its branches; in this respect also to help advancesound catechumen instruction above all, and especially withreference to the false doctrines of the prominent sects; alsoto institute and maintain catechizations every Sunday forthe, confirmed youth.12. To support indigent congregations who are members ofSynod, that they may obtain the regular service of a pastor.13. To gather church statistics within Synod and also to start achronicle of American Lutheranism.14. To establish connections with the Lutheran Church inforeign countries, especially Germany.V. Execution of synodical business.1. Synod meets annually at the time and place agreed upon inthe previous convention. For exceptions see VI, A, 14. Theannual synodical convention is never to last more than 10days.6CONCORDIA HISTORICAL INSTITUTE QUARTERLY2. Synod is to open its sessions with hymn and prayer.Thereupon the names of the voting pastors and delegatespresent will be registered by the Secretary after their creden-tials have beers examined and approved. Then the names ofthe advisory members will be listed and entered into thesynodical register.3. Next the President delivers the opening address and readsthe annual report.4. The President is to present a summary of the business whichis to be taken up by the convention. Anyone who hasbusiness to be placed before Synod, is to present it to thePresident in writing four weeks before the convention. Onlyin exceptional cases may such business be presented to thePresident the day before the convention,5. To expedite the work of Synod, the Presïdent has the powerto hand over to committees certain matters on which thecommittees are then to advise, report, and presentresolutions to Synod regarding them. But in important casesSynod may object to this method of procedure.6. Every summarized report with its suggestions will first bepresented to Synod for acceptance. If it is accepted, thematter is open for discussion. After careful weighing of allreasons pro and con, the vote shall be called by thePresident.7. Synod requires of the President to report on the visitationshe has made by instruction of Synod, in the foregoing year,to supervise the pastors and teachers in respect to theirdoctrine, life, and performance of their duties. (Cf. VI, A, 5.)If it should happen that the President reports a pastor whoafter having- been reprimanded several times by thePresident, and by the ministerium, yet continues in wrongdoctrine or in an offensive life, then Synod in its entirety isto carry out the last step of discipline according to Matt. 18,17.2. Synod is to open its sessions with hymn and prayer.Thereupon the names of the voting pastors and delegatespresent will be registered by the Secretary after their creden-tials have been examined and approved. Then the names ofthe advisory members will be listed and entered into thesynodical register.3. Next the President delivers the opening address and readsthe annual report.4. The President is to present a summary of the business whichis to be taken up by the convention. Anyone who hasbusiness to be placed before Synod, is to present it to thePresident in writing four weeks before the convention. Onlyin exceptional cases may such business be presented to thePresident the day before the convention.5. To expedite the work of Synod, the President has the powerto hand over to committees certain matters on which thecommittees are then to advise, report, and presentresolutions to Synod regarding them. But in important casesSynod may object to this method of procedure.6. Every summarized report with its suggestions will first bepresented to Synod for acceptance. If it is accepted, thematter is open for discussion. After careful weighing of allreasons pro and con, the vote shall be called by thePresident.7. Synod requires of the President to report on the visitationshe has made by instruction of Synod, in the foregoing year,to supervise the pastors and teachers in respect to theirdoctrine, life, and performance of their duties. (Cf. VI, Á, 5.)If it should happen that the President reports a pastor whoafter having been reprimanded several times by thePresident, by the particular congregation, and by theministerium, yet continues in wrong doctrine or in anoffensive life, then Synod in its entirety shall make the lastattempt to turn him from the error of his ways. If, havingbeen thus reprimanded, he does not listen to Synod, he shallbe expelled, and his congregations to carry out thecommand of Christ in Matt. 18, 17: "If he neglect to hear thechurch, let him be unto the as an heathen man and a CONCORDIA HISTORICAL INSTITUTE QUARTERLY7 The president is also to report on the spiritual condition ofthe congregations visited. In this report is to be includedwhether the president found the congregationalconstitution, church or schoolbooks, to contain anythingcontrary to the confession of the true faith.8. It is the duty of Synod to discuss and investigate in itsannual convention which articles of church doctrine toemphasize or further especially, also against which heresiesand weaknesses in life testimony is to be given and themanner in which this is to be done. In accordance with this,Synod is to pass judgment on the work of the editor of thesynodical paper and to give him instructions for his futureactivity. In like manner also Synod is to discuss the needs ofthe spiritually neglected Lutherans and to supply suchneeds by supporting those men who out of free Christianlove go out among these neglected Lutherans to prepare theway for the organization of sound Lutheran congregations.These visitors are to be trained for their work and examinedas to their fitness before they go out, and commissionedwith prayer and benediction. The Visitor is to keep a diaryand is to submit to the President detailed reports, who is toinclude them in his annual report to Synod. Synod also holds itself responsible, as much as it is able,to help in the conversion of the heathen. But in no wise shallSynod take part in the unionistic mission projects which arenow prevalent.publican." The President is also to report on the spiritual condi-tion of the congregations visited. In this report is to beincluded whether the President found the congregationalconstitution, church or schoolbooks, to contain anythingcontrary to the confession of the true faith. While the presidentis visiting the congregations, he may through their board ofelders call a congregational meeting.8. It is the duty of Synod to discuss and investigate in itsannual convention which articles of church doctrine toemphasize, or further especially, also against which heresiesand weaknesses in life testimony is to be given and themanner in which this is to be done. In accordance with this,Synod is to pass judgment on the work of the editor of thesynodical paper and to give him instructions for his futureactivity. In like manner also Synod is to discuss the needs ofthe spiritually neglected Lutherans and to supply suchneeds by supporting, those men who out of -free Christianlove go out among these neglected Lutherans to prepare theway for the organization of sound Lutheran congregations.These visitors are to be trained for their work and examinedas to their fitness before they go out, and commissionedwith prayer and benediction. The Visitor is to keep a diaryand is to submit to the President detailed reports, who is toinclude them in his annual report to Synod.Synod also holds itself responsible, as much as it is able, tohelp in the conversion of the heathen. But in no wise shallSynod take part in the unionistic mission projects which arenow prevalent.9. It shall be the duty of Synod to erect, support, and superviseinstitutions for the preparation of future pastors andteachers for service in the Church: These institutions may beof two kinds. In one kind the goal is to be a thoroughtheological training. In the other kind the goal is to be apredominantly practical training. However, until her abilityshall be sufficient for this, Synod shall see to it that capablepastors out of8 CONCORDIA HISTORICAL INSTITUTE QUARTERLY9. a. Synod is to have a standing examining commission,composed f the best theologians out of her midst, toexamine the candidates for the ministry.b. The President of Synod is the chairman of thiscommission.c. Besides the chairman there shall be two other men onthis board.d. The examinations shall be both oral and written. Writtenwork is to be: a sermon on an assigned text, an essay ona dogmatical subject and. one on church history, andfinally a short autobiography and a trustworthycharacter testimonial. Orally the examination is to contain the following:knowledge of and ability to explain Scripture, Christiandoctrine, knowledge of the Symbolical Books and of theteachings of erring church bodies, knowledge of churchhistory, especially Reformation history, and practical cureof souls. The candidate also has to deliver his sermon andhold a catechization. The examination is to be carried on ina public open meeting. The examiners above all are to seewhether the candidate has a thorough understanding of thecorrect division of Law and Gospel (2 Tim. 2:15); alsowhether he is apt to teach; and whether he is sound in andconvinced of the pure confession.e. The regular time for these examinations shall be on twoconsecutive days during the synodical convention. Forspecial cases see VI, A, 8 below.f. In respect to the demands which are made of those beingexamined, there shall be two classes: to the first classbelong those candidates who lay claim to a completetheological training. These are to be examined in Latin,except in certain fields, for which German is to be used.These are especially to be examined about theirknowledge of the original languages of Holy Scripture.Under theher midst shall take it upon themselves to train suitable youngpeople for service in the Church.10. a. For examining those who want to become candidates forthe ministry, Synod is to appoint through the ministeriumtwo examiners from the best theologians in her midst, toserve for three years. The President of Synod with twoexaminers constitutes Synod's examining commission, ofwhich the President is chairman.b. The examinations shall be both oral and written. Writtenwork is to be: a sermon on an assigned text, an essay ona dogmatical subject and one on church history, andfinally a short autobiography and a trustworthycharacter testimonial. Orally the examination is to contain the following:knowledge of and ability to explain Scripture, Christiandoctrine knowledge of the Symbolical Books and of theteachings of erring church bodies, knowledge of churchhistory, especially Reformation history, and practical cureof souls. The candidate also has to deliver his sermon andhold a catechization. The examination is to be carried on ina public open meeting. The examiners above all are to seewhether the candidate has a thorough understanding of thecorrect division of Law "and Gospel (2 Tim. 2:15); alsowhether he is apt to teach; and whether he is sound in andconvinced of the pure confession.c. The regular time for these examinations shall be on twoconsecutive days during the synodical convention. Forspecial cases see VI, A, 8 below.d. In respect to the demands which are made of those beingexamined, there shall be two classes: to the first classbelong those candidates who lay claim to a completetheological training. These are to be examined in Latin,except in certain fields, for which German is to be used.These are especially to be examined about theirknowledge of the original languages of Holy Scripture.Under the CONCORDIÀ HISTORICAL INSTITUTE QUARTERLY 9second class come those who have received a predominantlypractical training for the holy ministry. These are to be ex-amined by means of the German language.g. After candidates have passed the examination, a detailedcertificate of their abilities is to be prepared for them.h. Candidates who desire to enter the examination are tomake written application to the President six weeks inadvance. They are to include a biography and certificateof morals. Thereupon the President is to send them thetext of the trial sermon and the theme for theirdissertation at least four weeks before the examination.These two written works the candidate is then to bringalong to the examination. Candidates who havesufficient proof that they 'have successfully passedexaminations of a recognized orthodox church body willnot be required to submit to these examinations.Candidates for the teaching profession are to be examinedby the pastor loci, who is to prepare for the candidate a detailedcertificate for presentation before Synod. The subjects in whichthey are to be examined are: knowledge of the Bible andunderstanding of Scripture: Christian doctrine, with particularreference to the Symbolical Books, especially the twoCatechisms of Luther; church and Reformation history; Ger-man language; arithmetic; penmanship; geography; history;knowledge of the mother country; and music. Besides this thecandidate is also to hold a. catechization, which is also to besubmitted in writing, as also a dissertation on somepedagogical topic assigned by the examiner.10. Ordination and induction of newly called pastors shall beperformed.second class come those who have received a predominantlypractical training for the holy ministry. These are to be ex-amined by means of the German language.e. After candidates have passed the examination, a detailedcertificate of their abilities is to be prepared for them.f.Those who desire to be examined are to make writtenapplicationto the President six weeks in advance. Theyare to include a biography and certificate of morals.Thereupon the President is to send them the text of thetrial sermon and the theme for their dissertation atleast four weeks before the examination. The one to beexamined is to bring these two written works along tothe examination.Candidates who have sufficient proof that they havesuccessfully passed examinations of a recognized orthodoxchurch body will not be required to submit to theseexaminations.As regards those who wish to become candidates for theteaching profession, they are to be examined by the pastor loci,who is to prepare for the candidate a detailed certificate forpresentation before Synod. The subjects in which they are to beexamined are: knowledge of the Bible and understanding ofScripture; Christian doctrine, with particular reference to theSymbolical Books, especially the two Catechisms of Luther;church and Reformation history; German language; arithmetic;penmanship; geography; history; and music.Besides this thecandidate is also to hold a catechization, which is also to besubmitted in writing, as also a dissertation on some pedagoicaltopic assigned by the examiner. Every new teacher is to beinducted into his office by the pastor loci, in an open ceremonyin the church and in the presence of the congregation.11. Ordination and induction of newly called pastors shall beperformed.by the President in accordance with the restrictions placed onhim in VI, A, 9. Ordinations are to be performed with at leastone neighboring pastor assisting, and if possible before therespective congregation, with a ceremony in which thecandidate promises to adhere to the Symbolical Books, andaccording to the formula of a recognized orthodox agenda.The so-called licenses which are in use in this country arenot given by Synod, because that is against Scripture andChurch practice.11. It shall be the duty of Synod to erect, support, andsupervise institutions for the preparation of future pastorsand teachers for service in the Church. These institutionsmay be of two kinds. In one kind the goal is to be athorough theological training. In the other kind the goal isto be a predominantly practical training. However, until herability shall be sufficient for this, Synod shall see to it thatcapable pastors out of her midst shall take it uponthemselves to train suitable young people for service in theChurch.12. In case congregations which do not have a pastor apply toSynod for one, Synod is to have serious concern aboutproviding faithful shepherds for them.Should, however, the congregation be a mixed one (that is,consisting of Lutherans, Reformed, and so-called Evangelicals,or United (Evangelicals), Synod is not ,to turn down such anapplication immediately, Yet the honor of Christian honestyand in10 CONCORDIA HISTORICAL INSTITUTE QUARTERLYby the President in accordance with the restrictions placed onhim in VI, A, 11. Ordinations are to be performed with at leastone neighboring pastor assisting, and if possible, before therespective congregation, with a ceremony in which thecandidate promises to adhere to the Symbolical Books, andaccording to the formula of a recognized orthodox agenda.Ordination shall be accorded only to him who has receiveda legitimate call from and to a particular congregation and whohas by a previous examination been found to be sound in faith,fit to teach, and beyond reproof in his life. The so-calledlicenses which are in use in this country are not given bySynod, because they are against Scripture and proper churchpractice.12. In case congregations which do not have a pastor apply toSynod for one, Synod is to have serious concern aboutproviding faithful shepherds for them and is to suggestcandidates to them for their vacant pastorates. Should,however, the congregation be a mixed one (that is,consisting of Lutherans, Reformed, and so-calledEvangelicals, or United (Evangelicals), Synod is not to turndown such an application immediately. Yet the honor CONCORDIA HISTORICAL INSTITUTE QUARTERLY 11tegrity, and the love of one's neighbor demand that such acongregation can be served by a pastor of Synod under thefollowing conditions only:a. if the congregation declares that it will submit to theWord of God, as only the Lutheran Church does;b. if the congregation in accordance with this, and afterinstruction, confesses the true Scriptural doctrine of theEvangelical Lutheran Church, particularly that of theholy Sacraments and of the Office of the Keys; and re-jects the contrary doctrine as unscriptural;c. if those people who were formerly not Lutheran will sub-scribe to this, that when they receive the Lord's Supperfrom the hand of a servant of the Lutheran Church, thatthereby they openly step into fellowship with theLutheran Church and thereby cease to be Reformed,so-called Evangelicals -or United (Evangelicals).13. Synod, if asked to do so, will act as arbiter, and only then ifdo civil matters are involved and if the steps in brotherlyadmonition prescribed by Christ have not been passed over,and if especially the rules of Christian love and of churchorder are not omitted nor violated.If Synod while in session is asked to act as arbiter, this shallbe done by those present in convention if a thorough local in-vestigation of the case is not necessary. If, however, such ademand is made upon the President (that he act as arbiter)between synodìcal sessions, the case shall then, if urgent, besettled by a committee appointed by the President.14. Synod holds in accordance with the 7th article of theAugsburg Confession that uniformity in ceremonies is notessential; yet on the other hand Synod deems such auniformity wholesome and useful, namely for the followingreasons:a. because a total difference in outward ceremonies wouldcause those who are weak in the unity of doctrine tostumble;of God, Christian honesty and integrity, and the love of one'sneighbor demand that such a congregation can be served by apastor of Synod under the following conditions only:a. if the congregation declares that it will submit itselfunconditionally to the Word of God, as only theLutheran Church does;b. if the congregation in accordance with this, and afterinstruction, confesses the true Scriptural doctrine of theEvangelical Lutheran Church, particularly that of theholy Sacraments and of the Office of the Keys; and re-jects the contrary doctrine as unscriptural;c. if those people who ,were formerly not Lutheran willsubscribe to this, that when they receive the Lord'sSupper from the hand of a servant of the, LutheranChurch, that thereby they openly step into fellowshipwith the Lutheran Church and thereby cease to beReformed, so-called Evangelicals or United(Evangelicals).13. Only in such cases may one apply to Synod for atheological opinion or for a settlement of a current dispute ifno civil matters are involved nor the individual rights of acongregation are encroached upon, nor in general the rulesof Christian love and of church order are being passed overor violated.If application to this effect is made to Synod while insession, this shall be done by those present in convention if athorough local investigation of the case is not necessary. If,however, such a demand is made upon the President (that hegive a theological opinion) between synodical sessions, thecase shall then, if urgent, be settled by a committee appointedby the President.14. Synod holds in accordance with the 7th article of theAugsburg Confession that uniformity in ceremonies is notessential; yet on the other hand Synod deems such auniformity wholesome and useful, namely for the followingreasons:a. because a total difference in outward ceremonies wouldcause those who are weak in the unity of doctrine tostumble;12 CONCORDIA HISTORICAL INSTITUTE QUARTERLYb. because in dropping heretofore preserved usages theChurch is to avoid the appearance of frivolity and adesire for innovations; and is, as much as possible, toexhibit outwardly its connection with the Church of alltime.c. because this is also required for the necessarypurification of the Lutheran Church in America; that theemptiness and the poverty in the externals of the servicebe opposed, which, having been introduced here by thefalse spirit of the Reformed, is now rampant.All pastors and congregations that wish to be recognized asorthodox by Synod are prohibited from adopting or retainingany ceremony which might weaken the confession of the truthor condone or strengthen a heresy, especially if heretics insistupon the continuation or the abolishing, of such ceremonies.To this belongs the breaking of bread in the Lord's Supper; theformula of distribution: Christ says; the taking of the con-secrated bread and cup with the hands; the use of ordinarybread instead of the host except in an emergency; and others.Where private confession is in use, it is to be kept accordingto Article 11 of the Augsburg Confession. Where it is not inuse, the pastor is to strive towards introducing it.The desired uniformity in the ceremonies is to be broughtabout especially by the adoption and use of sound Lutheranagendas (church books).15. Synod as a whole is to supervise how each individualpastor cares for the souls in his charge. Synod, therefore, hasthe right of inquiry and judgment. Especially is Synod toinvestigate whether its pastors have permitted themselvesto be misled into applying the so-called "New Measures"which have be-b. because in dropping heretofore preserved usages theChurch is to avoid the appearance of and desire forinnovations; Furthermore Synod deems it necessary for the purificationof the Lutheran Church in America, that the emptiness and thepoverty in the externals of the service be opposed, which, hav-ing been introduced here by the false spirit of the Reformed, isnow rampant.All pastors and congregations that wish to be recognized asorthodox by Synod are prohibited from adopting or retainingany ceremony which might weaken the confession of the truthor condone or strengthen a heresy, especially if heretics insistupon the continuation or the abolishing of such ceremonies.Where private confession is in use, it is to be kept accordingto Article 11 of the Augsburg Confession. Where it is not inuse, the pastor is to strive through teaching and instruction tointroduce it. Yet in congregations where the total abolishing ofgeneral confession and absolution is hindered by un-surmountable obstacles, general confession may be kept alongwith private confession.The desired uniformity in the ceremonies is to be broughtabout especially by the adoption of sound Lutheran agendas(church books).15. Synod as a whole is to supervise how each individualpastor cares for the souls in his charge. Synod, therefore, hasthe right of inquiry and judgment. Especially is Synod toinvestigate whether its pastors have permitted themselvesto be misled into applying the so-called "New -Measures"which have be- CONCORDIA HISTORICAL INSTITUTE QUARTERLY 13come prevalent here, or whether they care for their soulsaccording to the sound Scriptural manner of the orthodoxChurch.Members of Synod, therefore, are to discuss especially, howto divide between Law and Gospel in the sermon as well as inprivate ministration, and how to make the application inrespect to the different circumstances of the individual; alsohow to use the doctrines of the holy Sacraments and of theOffice of the Keys as a comfort to the penitent sinner but as awarning to the secure; also how to deal with those of weakfaith, with strangers, with those spiritually sick, with thosewho are tempted, with the depraved, with hypocrite,enthusiasts, possessed persons, sick people, and with dyingpersons.Synod should ask the pastors what conditions are in theircongregations in respect to Bible reading, family devotions,rearing of the children, announcing for Communion, churchand Communion attendance, in respect to the selection and theuse of the religious writings, and whether separatistictendencies and inclination to conventicles are found in thecongregations, and what their actual spiritual and moralconditions are.16. Synod supports only such congregations for themaintenance of its pastor as are absolutely in need of it andas evince a sincere desire for partaking fully of the' means ofgrace.17.a. Synod is to see to it that a new edition of the original textof Luther's Small Catechism will be published, withexplanation and a book of the pertinent Scripture passages.b. A catechumen can be confirmed only if he can recite byheart at least the text of the Catechism and if he has beentaught to understand the words so well that according to1 Cor. 11:28 he is capable of examining himself.c. Gifted catechumens are to be brought to the point, ifpossible, where they can prove with the clearestScripture passages every doctrine of the Christian faithand refute the wrong doctrines of the sects.come prevalent here, or whether they care for their soulsaccording to the sound Scriptural manner of the orthodoxChurch.Synod should ask the pastors what conditions are in theircongregations in respect to Bible reading, family devotions,rearing of the children, announcing for Communion, churchand Communion attendance, in respect to the selection and theuse of the religious writings, and whether separatistictendencies and inclination to conventicles are found in thecongregations, and what their actual spiritual and moralconditions are.16. Synod supports only such congregations for themaintenance of its pastor as are absolutely in need of it andas evince a sincere desire for partaking fully of the means ofgrace.17. Synod is to see to it that there is always available a goodedition of the small Lutheran Catechism, based on theoriginal text, and a book of the pertinent Scripture passages.A catechumen can be confirmed only if he can recite byheart at least the text of the Catechism, and if he understands itso well that according to 1 Cor.11:28 he is capable of examininghimself.Gifted catechumens are to be brought to the point, ifpossible, where they can prove with the clearest Scripturepassages the doctrines of the Christian faith, and refute thewrong doctrines of the sects.14 CONCORDIA HISTORICAL INSTITUTE QUARTERLYd. If possible, 100 hours are to be used in confirmationinstruction.e. Finally, the pastor is to see to it that his catechumenshave committed to memory a goodly number of churchhymns, which can serve them well throughout life.18. The pastors of Synod have the duty not to lose sight of thecatechumens after their confirmation, but to take care ofthem especially, in a fatherly way; and for that reasonamong other things to arrange for public examinations inthe Catechism on Sundays.19. Synod requires that each pastor bring to the annualconvention a written statement about:a. the condition in their parishes in the previous year,giving the number of souls, voting members, schoolchildren of the members as well as those ofnon-members;b. the number of baptisms, confirmations, communicants,weddings, and burials of the past year;c. Synod shall elect a pastor to collect a chronicle of the Lu-theran Church in America, in which her mostnoteworthy achievements and movements as well as theconflicts and the influences which she experiences fromthe outside shall be recorded with the certification ofSynod.20. Synod is to elect a suitable man to correspond with theLutheran Church in foreign countries, especially Germany.Besides this, Synod shall turn to two influential men inGermany with the request to enter into correspondence withthem. The purpose of this correspondence is to keep alive aconfraternity between the Church of this country and offoreign countries, through which it is to be attested andproved that the Church is but one in spirit, faith, doctrine,and confession at all times and places.If possible, up to 100 hours are to be used in confirmationinstruction. Finally, the pastor is to see to it that hiscatechumens have committed to memory a goodly number ofchurch hymns, which can serve them well throughout life.18. The pastors of Synod have the duty not to lose sight of thecatechumens after their confirmation, but to take care ofthem especially, in a fatherly way; and for that reasonamong other things to arrange for public examinations inthe Catechism on Sundays.19. Synod requires that each pastor bring to the annualconvention a written statement about:a. the condition in their parishes in the previous year,giving the number of souls, voting members, schoolchildren of the members as well as those ofnon-members;b. the number of baptisms, confirmations, communicants,weddings, and burials of the past year;20. Synod is to elect a suitable man to correspond with theLutheran Church in foreign countries, especially with thewitnesses to the truth in Germany. The purpose of thiscorrespondence is to keep alive a confraternity between theChurch of this country and of foreign countries, throughwhich it is to be attested and proved that the Church is butone in spirit, faith, doctrine, and confession at all times andplaces.Synod shall elect a pastor to collect a chronicle of theLutheran Church in America, in which her most noteworthyachievements and movements as well as her conflicts arid theinfluences which she experiences from the outside shall berecorded, with the certification of Synod.21. Synod recommends to the pastors the arranging for Districtpastoral conferences, which, if possible, are to be held twicea year.22. The presence of at least one third of the voting members ofSynod is required for holding a legitimate synodicalconvention. If there are officers absent from a convention,temporary substitutes- shall be elected from the memberspresent.23. New officers will be elected at the end of that synodicalconvention in which the service of their predecessors comesto an end.VI. Rights and duties of the officers and other members ofSynod.A. The President.1. He is to direct the course of the transactions in a synodicalconvention, so that all things will be done in an orderlyChristian manner.2. When a vote is taken on a question which is not a matter ofconscience, the President has the deciding vote if an equalnumber are cast on either side.3. He is to appoint committees to take care of business which isbefore the convention.4. He is to present to Synod without exception all overtures hereceives.5. At the end of every synodical convention he in conjunctionwith the examining commission is to give each pastor,teacher, and candidate for either the ministry or teachingprofession an assignment on a theological or a pedagogicalsubject, which are to be submitted to the CONCORDIA HISTORICAL INSTITUTE QUARTERLY 1521. Synod recommends to the pastors the arranging for Districtpastoral conferences, which, if possible, are to be held twicea year.22. For holding a legitimate synodical convention, it isnecessary that the convocation be legal, and that at least onethird of the voting members be present.23. New officers will be elected at the end of that synodicalconvention in which the service of their predecessors comesto an end.24. If pastors who have not been members of a recognizedorthodox church body apply' to Synod for membership,they shall first submit to a colloquy held by Synod and theexamining commission.VI. Rights and duties of the officers and other members ofSynod.The officers of Synod are to assume those rights only whichare expressly assigned them by Synod, for all of which theofficers are responsible to Synod as also for the fulfilling oftheir duties. Synod, therefore, may demand that the officersgive an account of their official actions at any time.A. The President.1. He is to direct the course of the transactions in a synodicalconvention, so that all things will be done in an orderlymanner.2. When a vote is taken on a question which is riot a matter ofconscience, the President has the deciding vote if an equalnumber are cast on either side, and if the matter cannot wellbe adjourned.3. He has the power to appoint committees to take care ofbusiness which is before the convention. (Cfr. V, 5.)4. He is to present to Synod without exception all overtureshe receives.5. At the end of every synodical convention he in conjunctionwith the examining commission is. to give each pastor,teacher, and candidate for either the ministry or teachingprofession an assignment on-a theological or a pedagogicalsubject, which are to be submitted to the16 CONCORDIA HISTORICAL INSTITUTE QUARTERLYPresident and the respective members of the commission atleast three months before the next session of Synod andwhich are to be judged by the commission in the presence ofthe pastors.6. He is to sign all examination and ordination certificates, andalso all writings and documents going out in the name ofSynod.7. He is to exert all energy to visit each parish of Synod at-leastonce during his three years of office. At the annualsynodical convention he is to deliver a report about this.8. He has the chair in the committee assigned to examinecandidates.9. He is to ordain the called servants of the Church, with thehelp of neighboring pastors.10. He has the power in an urgent emergency to execute theexamination of a candidate for the ministry himself, or hemay transfer the examination to a pastor of Synod who isfitted for this.11. He may transfer his duties-at an ordination, if necessary, toany properly ordained pastor.12. He is to give advice upon request even outside thesynodical conventions.B. The Vice-President1. Upon request of the President, he is to take the President'splace in all things.2. In case of the death of the President, the Vice-President stepsinto the presidency till the time of service of the former isconcluded.President and the respective members of the commission atleast three months before the next session of Synod andwhich are to be judged by the commission in the presence ofthe pastors.6. He is to sign all examination and ordination certificates, andalso all writings and documents going out in the name ofSynod.7. He is to exert all energy to visit each parish of Synod at leastonce during his three years of office. At the annualsynodical convention he is to deliver a report about this.8. He has the chair in the committee assigned to examinecandidates.9. He is to ordain the called servants of the Church, with thehelp of neighboring pastors.10. He has the power in an urgent emergency to execute theexamination of the candidates of theology himself, or hemay transfer the examination to a pastor of Synod who isfitted for this.11. He may transfer his duties at an ordination, if necessary, toany properly ordained pastor.12. He is to give advice upon request even outside thesynodical conventions.13. In his supervisory capacity he is to follow strictly thewritten instructions which he has received from Synod forthis purpose.14. He has the power to call a special synodical session inurgent emergencies. He must, however, first have obtainedthe assent (to call a special session of Synod) of two thirds ofthe voting members of Synod. But if the special session doesnot permit of delay, the President is to call the session im-mediately, and it will then be legal if a full two thirds of thevoting members are present. Moreover, the President is inevery case first to have acquainted all members with the,purpose for calling a session.B. The Vice-President1. Upon request of the President, he is to take the President'splace in all things.2. In case of the death of the President, the Vice-President stepsinto the presidency till the time of service of the former isconcluded. CONCORDIA HISTORICAL INSTITUTE QUARTERLY 17C. The Secretary1. He is to keep the minutes during synodical conventions.2. He is to draw up all writings and documents o£ Synod andsign them.3. He is to take care of everything which is to be published inthe name of Synod.4. He is to keep an accurate register of all members of Synod.5. He is to keep a book of Synodical church statistics.6. He is to take care of the synodical archives.D. The Treasurer1. He is to take care of all money matters in the name of andaccording to the instruction of Synod, for which he shall beheld responsible to Synod.2. He is to submit annual reports at the synodical conventionson receipts and expenditures.E. Each individual member of Synod1. Every member of Synod is to strive, in all seriousness,according to his calling, powers, and means, for thereaching of the synodical goal, namely, the very necessarypreservation of the purity and unity of doctrine and thesupport and spread of the Church.2. One can become a member of Synod only upon subscribingto the synodical constitution.3. Only pastors and delegates empowered by thecongregations are voting members. Both axe to present theirletter of introduction from their congregation, first, whenthey join Synod, and secondly, every time they appear at aconvention.4. The delegate of a congregation keeps his right to vote at asynodical convention, even though the pastor is not able tobe present.5. Every pastor and teacher who is a member of Synod is topay at least one dollar annually into the synodical treasury.Pastors also, if possible, are to have freewill collections intheir congregations for the synodìcal treasury. This moneyis to be used as follows:C. The Secretary1. He is to keep the minutes during synodical conventions.2. He is to draw up all writings and documents of Synod andsign them.3. He is to take care of everything which is to be published inthe name of Synod.4. He is to keep an accurate register of all members of Synod.5. He is to keep a book of synodical church statistics.6. He is to take care of the synodical archives.D. The Treasurer1. He is to take care of all money matters in the name of andaccording to the instruction of Synod.2. He is to submit annual reports at the synodical conventionson receipts and expenditures and is to submit to an auditingby Synod or her officers at any time.E. Each individual member of Synod1. Every member of Synod is to strive, in all seriousness,according to his calling, powers, and means, for thereaching of the synodical goal, namely, the very necessarypreservation of the purity and unity of doctrine and thesupport and spread of the Church,2. One can become a member of Synod only upon subscribingto the synodical constitution.3. Only pastors and delegates empowered by thecongregations are voting members. Both are to present theirletter of introduction from their congregation, first, whenthey join Synod, and secondly, every time they appear at aconvention. If a congregation sends two or more pastors,they have only one vote together.4. The delegate of a congregation keeps his right to vote at asynodical convention, even though the pastor is not able tobe present. The same holds also vice versa.5. Every pastor and teacher who is a member of Synod is topay at least one dollar annually into the synodical treasury,Pastors also, if possible, are to have freewill collections intheir congregations for the synodical treasury. This moneyis to be used as follows:18 CONCORDIA HISTORICAL INSTITUTE QUARTERLY a. to defray the general expenses of Synod (stationery,supplies, cost of printing synodical reports, postage, andthe like);b. for advancement of church projects (founding andsupport of institutions for the preparation of futurepastors and teachers and the like).6. Every member of Synod is required to be regularly presentat each synodical convention till its close. He who is absenttwice consecutively without a valid written excuse will havehis membership revoked.St. LouisMay 20, 1846, the day before Ascensiona. to defray the general expenses of Synod (expenses of theofficers, stationery supplies, cost of printing synodicalreports, postage, and the like);b. for advancement of church projects (founding and supportof institutions for the preparation of future pastors andteachers and the like).6. Every member of Synod is required to be, regularly presentat each synodical convention till its close. He who is absenttwice consecutively without a valid written excuse will havehis membership revoked.VII. About changing theconstitution.Changes in and additions to the constitution may be made ifthey are not contrary to the propositions set forth in thesecond article of the present constitution and if all membersof Synod, at the order of their congregations, to whom thematters have been presented a year in advance,unanimously adopt them. All proposed changes must bepresented one year in advance to all congregations, and thevote for the changes must be unanimous.Jesus Christ, the same yesterday, and today, and forever.Hebrews 13:8