Epitome, Article VI: Of the Third Use of the Law

p. 508 Statement of the Controversy

Since the Law was given to men for three reasons: first, that thereby outward discipline might be maintained against wild, disobedient men [and that wild and intractable men might be restrained, as though by certain bars]; secondly, that men thereby may be led to the knowledge of their sins; thirdly, that after they are regenerate and [much of] the flesh notwithstanding cleaves to them, they may have, on this account, a fixed rule, according to which they should regulate and direct their whole life; a dissension has occurred between some few theologians, concerning the third use of the Law, viz. whether it is to be urged or not upon regenerate Christians. The one side has said, Yea;³ the other, Nay.⁴

³ Luther against Agricola, 1538 and 1539; Erlangen, Ed. 32:1, 64; De Wette’s Luther’s Letters, v.: 147.

⁴ Called Modern Antinomians. See “New Confession of the Antinomians,” Schlüsselberg, Catalog. Hæretic., iv.: 45

Parallel passages: Sol. Dec., vi.; Smalcald Articles, Part III., Art. iii.: 40; Formula of Concord, Sol. Dec., ii: 65 sqq.

p. 509 Affirmative

The true Christian Doctrine Concerning this Controversy

1. We believe, teach and confess that although men rightly believing [in Christ] and truly converted to God have been freed and exempted from the curse and coercion of the Law, they nevertheless are not on this account without Law, but have been redeemed by the Son of God, in order that they should exercise themselves in it day and night [that they should meditate upon God’s Law day and night, and constantly exercise themselves in its observance (Ps. 1:2)], (Ps. 119). For even our first parents before the fall did not live without Law, which Law of God was also written upon their hearts, because they were created in the image of God (Gen. 1:26 sq.; 2:16 sqq.; 3:3).

2. We believe, teach and confess that the preaching of the Law is to be urged with diligence, not only upon the unbelieving and impenitent, but also upon the rightly believing, truly converted, regenerate, and justified by faith.

3. For although they are regenerate and renewed in the spirit of their mind, yet, in the present life, this regeneration and renewal are not complete, but are only begun, and believers are, in the spirit of their mind, in a constant struggle against the flesh, i. e. against the corrupt nature and disposition which cleaves to us unto death. On account of this old Adam, which still inheres in the understanding, will and all the powers of man, it is needful that the Law of the Lord always shine upon the way before him, in order that he may do nothing from self-imposed human devotion [that he may frame nothing in a matter of religion from the desire of private devotion, and may not choose divine services not instituted by God’s Word]; likewise, that the old Adam also may not employ his own will, but may be subdued against his will, not only by the admonition and threatening of the Law, but also by punishments and blows, so that he may follow and surrender himself captive to the Spirit (1 Cor. 9:; Rom. 6:; Gal. 6:; Ps. 119:1 sqq.; Heb. 13: [Heb. 12:1]).

4. Then as to the distinction between the works of the Law and the fruits of the Spirit, we believe, teach and confess that the works which are done according to the Law, as long as they are and are called works of the Law, are only extorted from man by the force of punishment and the threatening of God’s wrath.

5. But the fruits of the Spirit are the works which the Spirit of God who dwells in believers works through the regenerate, and are done by believers so far as they are regenerate [spontaneously and freely], as though they knew of no command, threat or reward; for in this manner the children p. 510 of God live in the Law and walk according to the Law of God, a manner which St. Paul, in his Epistles, calls the Law of Christ and the Law of the mind [Rom. 7:; 8: [Rom. 8:; Gal. 6:2]].

6. Thus the Law is and remains both to the penitent and impenitent, both to regenerate and unregenerate men, one and the same Law, namely, the immutable will of God; and the distinction, so far as it concerns obedience, is alone in the men, inasmuch as one who is not yet regenerate does what is required him by the Law out of constraint and unwillingly (as also the regenerate do according to the flesh); but the believer, so far as he is regenerate, without constraint and with a willing spirit, does that which no threatening [however severe] of the Law could ever extort from him.

p. 510 Negative

False Contrary Doctrine

Therefore we reject as a dogma and error injurious and conflicting with Christian discipline and true piety that the Law in the above-mentioned way and degree should not be urged upon Christians and those truly believing, but only upon unbelievers and those not Christian, and upon the impenitent.