Response to Questions About the Importance of Voters’ Assemblies
by Rev. Jack Cascione

Two Pastors have similar questions about a recent article written by this author titled "Defense of the Voters' Assembly Called Heresy." Their honest concerns speak for the views of many clergy in the LCMS who question the validity and importance of Voters’ Assemblies. In response, this writer takes the position that the Voters’ Assembly is not a human invention but is divinely instituted to rule the congregation in the absence of the State or Episcopacy.

Voters' Assemblies are the structural premise on which C.F.W. Walther established the Synodical Convention, and the Lutheran Church Missouri Synod. Because the Voters' are supreme the Synodical Convention can only advise them, not rule them. Every system is subject to abuse from the tyranny of the clergy or the congregation, be that as it may, the Pastoral Office and the Voters' Assembly are both divinely instituted. I will not agree that the St. Clair Shores City Counsel is divinely instituted but the Voters' Assemblies of the LCMS are not divinely instituted. Christ says "tell it to the church" Matt. 18:17 and "the gates will not prevail against it", Matt. 16:18. Where does He say this about the anything accept the church?

Question from First Pastor

How do you get around the historical fact that Luther, Melanchthon, et. al. did not create a voters assembly at St. Mary's, Wittenberg? You seem to be coming dangerously close to calling Luther a heretic because he didn't have a voter's assembly. I think you're on the right track, but a little bit more care in how you are stating this might be helpful. You need to explain how these historical realities fit into the whole scheme of things.

Questions from Second Pastor

What do you do with all the churches who today have no voters assembly and have never had one? Are they not a church because they have no voters assembly?

Eric is correct in that the voters assembly we have today is a creation of the American church. They did not have this in Europe years ago, but that does not mean the European churches were wrong nor that the American churches were wrong for creating them.

There are many different types of church polity! In our Christian freedom we have chosen this form and God has blessed us through it! We are free to keep it or free to change it, so long as we maintain that the Word of God is the ultimate authority and not any human organization!

Remember, Walther did not always operate under the system of a Voters assembly. He did not have it in Europe and he did not have it when he first came to America.

Example: When Bishop Stephen was excommunicated how was it done? The pastors (alone) discussed it! They chose Walther to tell him directly! He was put on the boat and sent across the river! Then the pastors gathered the people together and told them what had happened. There was no voters assembly and no decision by the majority. It was done because it was in accord with God's Word.

It was later that the Voters assembly was chosen as the structure and then they began to use the structure for all congregational matters.

Even in Acts the Jerusalem Council was not a vote but a discussion and then they let the Word of God rule!

You need to back off a bit and look at all of history and stop trying to force an issue to be absolute doctrine which falls in the area of Christian freedom.

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Gentlemen:

Thank you for your questions. There is no doubt that Luther never saw a Voters’ Assembly at Wittenberg. He and his congregation were subject to the authority of the Duke. When Luther wanted to carry out an excommunication he did not ask the permission of the Voters’ Assembly, he asked the permission of the Duke.

Luther was tormented by this man’s ceaseless evil and unconcerned attitude regarding his lifestyle. In a letter to Elector John in Wittenberg on June 16, 1531 Luther writes: "Our captain, Hans Metzsch, has time and again been admonished by me, kindly but seriously, to stay away from harlotry and dealing with prostitutes. After a while it was impossible for me, as a preacher, to tolerate such scandalous behavior or to be silent about it. But he continues, and does it so openly that everyone’s mouth and nose, and ears and eyes are full of it. He also admitted to me in private that he could not be without women. Thereupon I informed him of my refusal to associate him personally, and privately I forbade him to come to the sacrament. Since he is so closely knit to the braids of prostitutes that he shows little fear of God with his conduct, and since from now on I will have to proceed against him also by means of public preaching and judgment, I ASK WITH THIS LETTER FOR YOUR ELECTORAL GRACE'S BENEVOLENT ATTITUDE (TOWARD ME). Should Your Electoral Grace find out that I clash with Metzsch on this issue, then Your Electoral Grace may graciously remember this information I have given. For this scandal will be an obstacle to the preaching of the Gospel, and will give to others also occasion to do evil. Metzsch may be a good soldier, but I would not want him to defend me in an emergency since he does not have before his eyes God who has thus far miraculously protected us without striking a blow, and daily still preserves us. (Luther’s Works Vol 50 page 24)

Unlike his situation in Wittenberg, where Luther was accountable to the Duke, the congregation in Leisnig, that had no pastor, asked Luther if they could call their own pastor. Luther responded with a letter titled, "That a Christian Assembly or Congregation Has the Right and Power to Judge All Teaching and to Call, Appoint, and Dismiss Teachers, Established and Proven by Scripture." (Luther Works American Ed. Vol. 39:305 to 314.) The title speaks for itself. I recommend it for your reading.

Luther was under the authority of the Duke, an authority that he believed was established by God, but when the people were at liberty to govern themselves he immediately recommended that the "Assembly" or the "Congregation" govern the doctrine in the congregation and issue their own "calls." Now, if you believe that women and children were not part of the decision making process we have arrived at Walther’s definition of the Voters’ Assembly.

What about the churches with no Voters’ Assemblies? I stated in "Defense of the Voters’ Assembly Called Heresy," "Just as some Christians as members of the royal priesthood have never exercised their God given authority to absolve another Christian’s sins, there are also congregations that have surrendered their authority to meet as a Voters’ Assembly. This, however, in no way nullifies the authority God gives to all Christian congregations."

Some people never get married. That doesn’t mean they don’t have the God given right to get married. The Catholic Church down the street from our congregation has no Voters’ Assembly. According to Matt 18:17 they have the right to call a meeting and issue a judgment in an excommunication. However, the Priest, Bishop, Cardinal, and Pope will not hear of it. They have long since surrendered their God given authority in the Keys to the hierarchy. They don’t even own the church property. However, they are all baptized and those who believe in the Creed, will have eternal life. Should their example be the reason LCMS pastors want to reject the authority of Voters’ Assemblies?

Marriage is an adiaphora, people may or may not get married. But once they are married they are bound to the marriage. Government is an adiaphora. There are many ways to establish a government, such as, by Kings, Judges, Dictators, Prime Ministers, Republics, etc. However, once the Government is established God says people must obey it and it is divinely instituted, His own agent to enforce the law, according to Roman 13:4. There are many ways to organize a church. God certainly gave the congregation the right to judge doctrine according to Matt. 18:15-21 and Col. 3:21-23. Many congregations have been compelled to or have willingly surrendered their Christian liberty to the hierarchy. All the LCMS pastors and congregations in 1852 agreed to adopt Walther’s "Church and Ministry" as also restated by Francis Pieper in "Christian Dogmatics." According to President A.L. Barry, this is still the official position of the LCMS.

While the State speaks for the kingdom on the left the Voters' Assembly speaks for the kingdom on the right or is this only the privilege of the pastoral office?

Pastor Stefanski can’t possibly be correct. First, when they were at liberty, Luther clearly recommended congregational government as shown above. Second, I presented numerous citations from Greek Lexicons in "Defense of Voters’ Assemblies Called Heresy" showing that the early church did, indeed, vote, and more could have been shown. Third, if you will grant that women and children did not vote in these meetings we now have arrived at the gathering Walther identified as a Voters’ Assembly. Fourth, simply because an individual, individuals, or an entire social structure usurped the authority of the Office of the Keys from many European congregations it doesn’t justify the practice as God pleasing or Scriptural. This is also one of the arguments put forth to justify the office of the Papacy which is simply that the Papacy exists.

Yes, there are many different types of church polity. Some are more biblical than others. We are free to give up the authority of the Keys in Matthew 18:17. However, this doesn’t alter the fact that God did, indeed, give them to the "Church" which was to judge the case presented to it.

There is no question that Walther operated under the "Stephanic" system, which he later identified as legalism. The excommunication of Bishop Stephan was sloppy, to say the least, but in their defense, the congregation, at that time, had little knowledge or experience in how to handle the matter. Walther did not use this sloppy practice as a precedent for future excommunications.

The Counsel of Nicea was a representative body. The LCMS Convention is a representative body. I don’t think the Jerusalem Council was itself a congregation unless, of course, you want to adopt WELS polity.

July 16, 1999