The Organization of the Congregation in the Early Lutheran Churches in America

by B. M. Schmucker

CONSTITUTION OF THE TRAPPE CONGREGATION, 1750.

"In the year of our Lord 1750, May 27, in the Evangelical Lutheran Church called Augustus Church, in Providence township, Philadelphia County, the following persons" (twelve names given) "were elected as church council, by the whole congregation, at a free election, by a majority of votes, under certain conditions for life. The before-named elected elders and church councilmen hereby promise, before the most Holy God and the Christian congregation, by their own signature, by the help of God, faithfully to observe and execute the following Articles and Duties, to the best of their ability, so long as they remain in office, to wit:

"1. They shall strive, as they hope for their soul's salvation, that the Evangelical doctrine, according to the foundation of the apostles and prophets and our symbolical books, be ever more fully apprehended by their own souls, and that it may be adorned by their godly conversation, to the end that they not only rule well their own households but also be examples to the whole congregation. Should, however, which may God avert, any one of them fall away from the pure Evangelical doctrine and organization, and unite with some sect or with none, or fall into open sin against the Ten Commandments of God, then the pastor and other church councilmen shall admonish him, as prescribed in Matt. 18, and should the admonition be of no avail, he shall be removed from office, and shall have no right in the church, school, or their property, until he heartily repents and amends.

"2. They shall keep all deeds of church and school property and all accounts of church and school building funds and of all collections and alms in a chest procured for that purpose, that they may be preserved for posterity. The chest shall have two locks and two keys, one to be kept by the minister and the other by the church councilmen.

"3. They shall watch carefully that in the Augustus Church and school, the Evangelical doctrine, according to the foundation of the apostles and prophets and our symbolical books, be perpetuated to our descendants. And to the end that this aforesaid doctrine and organization (Oeconomic) may be maintained, beside believing prayer, it is their duty to strive to continue in unity and intimate friendship with our spiritual fathers and patrons, and their true successors in London and Halle, as also with the other united congregations in this country, and their lawful pastors, and to make known any failure or decay in this respect.

"4. Should the Augustus Church be remembered by their last testaments by devout members with money or lands, or receive them in any other manner, then two church councilmen shall be elected, to whom such church property shall be entrusted." (Directions for investment and administration follow.) "But these moneys shall not be used for any other purpose than for the preservation and perpetuation of the true service of God, according to our evangelical doctrine and organization.

"5. The regular pastor and the church councilmen shall take care that no strange preacher outside of our communion, let him bear what name he will, shall preach or administer the sacraments in our Augustus church or school-house, that the congregation may not be thrown into strife. Whosoever will preach, or minister in any way, in our church must either have been sent by our fathers and benefactors in Europe, or be in connection with our united congregations and ministers, and have been examined to see that he holds the true Evangelical doctrine and leads a Christian life, for this church has been established and consecrated for this doctrine and for no other.

"6. On the day after New Year, in every year, the accounts of the collections and alms shall be presented in the presence of the church councilmen, and at the same time an inquiry shall be made as to how much or little of the minister's salary has been collected. The members shall also be reminded that they also should attend and learn how the accounts of the congregation stand.

"7. As often as necessary the pastor shall, through the vorsteher, call the church councilmen together, or himself invite them at a public service, to the end that together they may consider, consult and decide when there is need to build or to repair, to resolve or to execute.

"8. No one of the church councilmen shall have authority to do anything which requires a decision by all, but what is needful to be done shall be considered and decided by all in common. But if members are unable to be present through sickness or other causes, or if those present are not of one mind, the majority shall decide.

"9. When the church council (Kirchen Collegium) meets, the pastor shall begin with prayer to God, and then he shall present the matters to be considered. He himself shall have two votes, and he shall take diligent care that all things be done in an honorable, Christian and orderly way, for God loves order and hates disorder.

"10. Whoever would be and remain a regular member in our Christian church should strive to be at peace with all men, according to Christ's teachings, and rather endure wrong than to contend for trifles, and when any of us are subjected to so great wrong that he cannot bear it, the Christian magistracy is appointed to protect the good and to punish the wrong doers. But when brothers, members of one congregation, dispute about every little matter, and hasten to bring it before the magistrates, an occasion of offence is given, as Paul says in I Cor. 6: 1-8. If, therefore, the members of our congregation have any disagreement with each other, they should appear before the church council and be directed and reconciled in a Christian manner, if the matter may thus be adjusted. If, however, any will not do this, but is disposed rather to quarrel and judge, and will not yield when it is reasonable, and stubbornly persists in his own wrong-headed way, he should be excluded from the congregation until he confesses his wrong and amends.

"11. The week before the Lord's Supper is administered the church council should meet, when necessary, to settle any strife.

"12. When the Annual Great Church Convention is held (meeting of the ministerium), two of the church councilmen must, without fail, be sent as delegates, in the name of the congregation, to consult and advance the common welfare. But as these two men will have expenses, such expenses should be repaid out of the common treasury, if they request it, for the laborer is worthy at least of his food, even though he desire no reward.

"13. When letters in common are to be sent to our reverend fathers and benefactors in Europe, or to other congregations, or our members desire testimonials for naturalization, the church councilman should not hesitate to sign them.

"14. If any man has aught against a church councilman, and hesitates about speaking to him of it, in love he may report it discreetly to the pastor, who will speak to him of it kindly. And so when any man has aught against the pastor, he may tell it to such councilman as has most fully his confidence.

"15. If any matter of great importance is transacted by the church council, it shall be reported to the fathers in Europe, and if on all sides it is thought best, it shall be recorded in the church record, and be transmitted for the benefit of our descendants.

"16. No meeting of the church council shall or can be held without the regular pastor, much less shall any resolution go in force without his signature.

"If the church councilmen observe all these regulations, continue steadfast in the pure doctrine of the faith and lead holy lives as children of God; if they rule well their own houses and families and serve as examples to the flock: to the best of their ability, by the grace of God, do their part that the holy gospel be perpetuated to our latest posterity, Satan and the world may indeed make sport of them, but God will be their shield and their great reward here on earth and hereafter forever. All that they have done to His honor, though they have only given a cup of water in His name, the Lord will acknowledge at the last day, before the multitude of many thousand angels and elect ones, and will say that it was done to Him. But should they use this office unfaithfully, and prove an occasion of offense to the congregation, which may God in mercy prevent, they will bring double condemnation on themselves. To the above duties, in general and in particular, we obligate and pledge ourselves by our signature with our own hand. Done at Providence, July 8, 1750." (Signed by all the councilmen before witnesses.)

There is no mention made of Vorsteher, except incidentally in Section 7, which is the more astonishing, as the annual settlement of accounts, in the same book, in the handwriting of Muehlenberg, both before and after the adoption of this constitution, mention the settlement as made by the pastor, elders and Vorsteher. There are also entries in 1760 and 1761, of the election, per plurima vota, of Vorsteher and of elders, probably to fill vacancies made by death. These Vorsteher were elected annually and this constitution makes the elders serve for life. The above document is followed by a carefully prepared constitution and rules for the parochial school. We see that Muehlenberg avoided the chief mistake of Brunnholtz in that he did not make the elders appointees of the pastor, but gave their election to the whole congregation.

The constitution of 1746, in St. Michael's, Philadelphia, proved even more unsatisfactory as the congregation increased in size. The interests at stake grew constantly larger, and the powers entrusted to the elders could scarcely be so exercised that dissatisfaction should not arise. The Elders elected the Pastor, they filled all vacancies in their own number, they selected the Deacons, they decided all questions of the purchase of property, and the incurrence of debt, and in all these matters the congregation had no control. It was an almost inevitable result that the pastor and schoolmasters should try to keep in friendly relations to the elders, and thus they arrayed against themselves all who were dissatisfied. Brunnholtz had died, 1757, and Heintzelman had preceded him in 1756, and the elders had elected Handschuh as pastor, who, though a devout and earnest man, had the most sickly pietism of any of the Halle men, and was the weakest of all the Philadelphia pastors, before or since; he was subject to very great prejudices and strongly inclined to build up an ecclesiola of his own type within the congregation. The resistance, estrangement and animosity toward the existing arrangements, grew gradually to be so great that the peace and unity of the congregation were threatened to such an extent that vigorous measures must be taken. The congregation demanded a fuller control of its own affairs, Handschuh and his elders sternly resisted the demand, and were convinced that the world would fall if the whole congregation were allowed to usurp the control which could only be wisely exercised by a few selectmen. The peril and strife grew so great, that after a long struggle it became an unavoidable necessity that Muehlenberg should be recalled to his office as chief pastor, and a new constitution prepared and adopted. Dr. Mann has presented, in chapter xxii. of his life of Muehlenberg, a most admirable account of the whole movement which resulted in the presentation of the new constitution; of the difficulties which preceded and made necessary its preparation, as well as of those which attended its introduction into the congregation, to which the reader is referred. The two chief objections to the constitution of 1746 were that the pastor and elders were not elected by the people and thus became a close corporation, self-perpetuating and not subject to control by the congregation, and secondly, that property could be bought and sold and debt incurred, for which the congregation was responsible, without their having any voice in the matter. These evils must be remedied in the new constitution.

The new constitution was prepared by Muehlenberg in consultation, of course, with Handschuh and the elders, and pre-eminently with the Swedish Provost Wrangel. Months were spent in its preparation. The local difficulties and wants received the most careful consideration and some few of its provisions were temporary, and made in view of the previous arrangements. Thus the old elders were retained for life as trustees, but after their death the elders who took their place were to be duly elected by the congregation, and in the revision after the incorporation the name of trustee was removed. But Muehlenberg rose above the present necessities and conditions of the local congregation, and designed this constitution to be, as it became, the one which should be the general constitution for all the united congregations of the Ministerium. He had a full apprehension of the importance of the work in which he was engaged, and devoted to it his wisest judgment, and the results of his own experience and varied observations in the working of congregational constitutions. He also recognized the character of the civil government of the land and strove to bring the congregational government into harmony with it. He succeeded in gradually allaying the diversities and animosities at Philadelphia, and after the completion of the constitution, it was accepted by the congregation and publicly subscribed, first by himself, then by Handschuh and the elders, then, within a short time, by five hundred heads of families. Thus the foundation was laid on which the permanent prosperity of St. Michael's congregation rested, and on which it still peacefully rests. This constitution, with the removal of the temporary provisions at Philadelphia, was at once accepted by the congregations at Providence and New Hanover; in Lancaster, during a visit of Muehlenberg, soon after Gerock left, in 1769, at York under Kurtz, in 1781, and earlier or later, by most of the prominent congregations connected with the Ministerium, at least in its chief provisions.

Constitution of St. Michael's Church, Philadelphia, 1762.

We, the subscribers, the lawfully called Pastors, Trustees, Elders,
Vorsteher and communicant members of the Ger. Ev. Luth. Congregation of
St. Michael's Church, acknowledge and bind ourselves to the following
Church and School Constitution.

CHAPTER I.

OF THE PASTORS.

1. The present living pastors, and their successors regularly called, shall preach the Word of God, as given by the Apostles and Prophets, and in accordance with the Unaltered Augsburg Confession, publicly, purely, briefly, clearly, thoroughly, and to edification. They shall also have liberty on week-days, or in the evening to hold meetings in the church or school for edification, admonition and prayer, as their circumstances and strength allow; and in addition, in accordance with the command of Christ their Master, take most diligent care that the Word of God be freely sown, as living seed, and that the congregation be directed to true repentance of heart, living faith, and the power of godliness, unto their soul's salvation.

2. The regular pastors, as faithful stewards of the mysteries of God, shall, at proper times, administer the Holy Sacraments to those who apply for them in the appointed way, and who are fit, worthy and well prepared to receive them, at least in so far as external evidence shows; but they shall also have liberty, to be exercised conscientiously, not by reason sinful passion of whatever kind, but according to the rule of the divine Word, to exclude from the Holy Supper, and from standing as sponsors at Baptism those who spiritually live in grievous sin and transgression, contrary to the salutary doctrine of our Lord Jesus Christ, or who by undisputable evidence are convicted thereof, until they have amended.

3. They shall not hesitate, when possible, to visit the sick, etc.

4. They shall especially have regard to the instruction of the young—superintend and visit the schools, etc.

5. They shall preside at the annual Kirchenrechnung, and at all meetings of the church council, and at the election of officers, etc.

6. They shall not absent themselves from the annual general church meeting, or convention of the regular ministers, without the most urgent necessity and the weightiest reasons, but willingly attend and also assist as much as possible, in serving vacant congregations connected with it, etc.

7. They shall themselves discharge the duties of their office in Church and school, as faithful stewards, as God may give them health and strength, and not have any minister or student take their place, who has not been examined and duly called and ordained in accordance with our Evangelical Church government, etc. It is not in conflict with this rule that our regular ministers should invite another of rightfully called ministers connected with us, when visiting them, to preach for them.

8. If a pastor of our congregation, should give occasion for serious offense, scandal or injury to the congregation, either in doctrine, or in life and conversation, or by violation of this church constitution; then the degrees of admonition shall be impartially followed, in the manner here described: (1.) The Elders, or two-thirds of them, shall lay before such Pastor, with gentleness, the offense in doctrine of life which have been evident, or which have been sustained by two or three indisputably credible witnesses, and if he prove to be guilty, admonish him to amendment. (2.) Should this avail nothing, the whole church council shall invite the nearest Pastors of the United Congregations to meet at a convenient place, and in their presence renew the admonition. (3.) Should this also fail of the desired end, the matter shall be considered at a special meeting of the United Ministerium, or at the annual meeting, if it admits of such delay, and there be thoroughly examined, and the minister, if found to be guilty, and offending, shall be suspended from his office and benefices, and a full account thereof be published.

9. The election of a Pastor shall be held in the following manner: The whole Church Council shall consult with the older Pastors of the United Congregations, and carefully deliberate on this important matter and take note of the grace, gifts and experience of the several pastors, and at successive sessions impartially consider which one would best suit the vacant congregation, and at the same time would be willing to accept a call. When they agree upon some one as suitable for the congregation, they then invite him to preach a trial sermon, or as a visitor, and several Sundays or other days afterward, they shall ask the communicant members of the congregation for their opinion, or their vote may be sent in writing to the church council, whether they desire to receive and acknowledge him as their Pastor or not. Should two-thirds of the whole church council and two-thirds of the communicant members agree in approving the election, he shall be called. Should there be no one in the American Lutheran Ministerium who suits, and is willing to accept a call, the church council shall have full liberty, with the consent of the congregation, and of the United Ministerium, as they may deem best, to write to some godly Reverend Consistorium, or Ministerium, of the Ev. Luth. Church in Europe, interested in the extension of the Kingdom of Christ, and call one or more Pastors, on condition that they be duly examined, rightfully ordained, pure in the Evangelical doctrine, and edifying in life and conversation, as becomes their doctrine.

10. As to salary of Pastors.

11. In the Public Worship, the administration of the Holy Sacraments as well as all other ministerial acts and ministrations, the Pastors shall conform to the Agenda and usage, which have been introduced, until such time as the United Ministerium and the congregation shall deem it necessary and profitable to make a better.

CHAPTER II.

OF THE EXTERNAL GOVERNMENT OF THE CONGREGATION.

1. The congregation shall, by virtue of this new constitution, have the perpetual right and liberty, to elect and confirm, in Christian order, by a majority of votes, the officers and ministrants necessary for the congregation.

2. The Church Council of the congregation shall hereafter consist of the Trustees, six Elders and six Vorsteher, regularly elected or confirmed by the congregation. (The Pastors were Trustees. In 1791 the Council was made to consist of the Pastors, Elders and Vorsteher, the Trustees being omitted.)

3. Temporary provision for the surviving Trustees.

4. The mode of election of Elders shall be as follows: 1.) The whole Church Council shall assemble on the day before the election, shall select from the members who have subscribed this constitution, according to their best judgment, impartially, without respect of persons, eighteen worthy Christian men of good repute, whose names shall be distinctly written down and be presented to the congregation at the election. 2.) At the election the congregation present shall have the right and liberty to elect, by a majority of votes, six Elders out of the eighteen persons presented. These six Elders shall be presented to the congregation by the Pastors at the next public service, be reminded of their duties, and their names be entered in the Church Record. 3.) The aforesaid six Elders continue in office for three years, God willing, if they demean themselves as becomes their office; but the congregation shall always have liberty to re-elect them, if they consent to allow it.

5. As regards the office of the Vorsteher, it shall be as heretofore, except that there shall be six, instead of four, of whom one-half go out of office after serving two years, and new ones are to be elected in their place, in the same manner as is prescribed in the 4. for the election of Elders. The Vorsteher also shall be presented publicly to the congregation by the Pastors, be reminded of their duties, and thanks be returned to those who go out of office. Should any person elected as Elder or Vorsteher, decline, without sufficient reason, to accept the weighty office, he shall not go free without paying a considerable donation into the treasury; and then the person who received the next highest number of votes shall be presented. If the vote for several persons be a tie, the Church Council shall decide the case.

6. In the above described manner the Church Council is constituted of Trustees, Elders and Vorsteher.

7. When any important and weighty matter arises in the congregation, of whatsoever kind, whether within or without the church, whether it concerns the parsonage or school-house, the church yard or the burial place, it shall not be decided by the Pastors alone, nor by the other Trustees alone, nor by the Elders alone, nor by the Vorsteher alone; but it must be carefully and well considered by the whole Church Council, and be approved by, at least, two-thirds of their whole number, and after that be laid before the whole congregation, and be approved by two-thirds of the communicant members of the congregation, especially when it demands contribution from the members. For these purposes, in such weighty matters, the whole Church Council shall be publicly invited to meet, and no member shall absent himself without sufficient cause, and no decision shall be valid or dare be executed, which has not been approved and taken by two-thirds of the members, entered in the Record and subscribed by their signatures, to the end that all occasion for strife may, so far as possible, be avoided.

8. The duties of the ruling Elders are, among others, these: 1.) They shall endeavor, by the grace of God, to set a good example, as well to their own households as to the congregations, by a Christian life and conversation. 2.) Take care, with the Pastors, that the Evangelical doctrine and Christian discipline be maintained and perpetuated in the congregation. 3.) That the debts of the congregation, both principal and interest, be decreased and removed, by payments from the treasury and by generous gifts, in the most advantageous manner. 4.) That the Ministers of the Word in the Congregation be supported. 5.) That the account of all receipts and expenditures be carefully kept, be submitted to the whole Church Council on the day before the annual congregational meeting, be examined, approved and subscribed by the Trustees, and there be publicly laid before the congregation at the meeting, and be entered in the Record. 6.) They shall attend the school examinations, and by several deputies, to be elected by the Church Council from their number, be present at the annual meeting of Synod, and in all other matters aid in promoting the welfare of the congregation.

9. The duties of the Vorsteher are, among others, these: 1.) They shall set an honorable Christian example to the congregation. 2.) They shall render all necessary aid at the public and special services of worship and in the administration of the Lord's Supper, especially at the Kinderlehre and in the visitation of the sick. 3.) They shall gather the offerings, keep an account of the same, and pay them over to the Elders as often as they may deem necessary to the welfare of the congregation. 4.) They shall maintain good order at the services of public worship. 5.) Should they find disorder, discord or occasions of offense in the congregation, they shall endeavor to remove them, or report them to the Church Council, that remedies may be applied in time. 6.) They shall collect the pew rents, and the charges for burial places. 7.) They shall give notice to the Elders of special meetings of the Church Council, attend all meetings of the Council and especially the annual meetings to prepare and present the financial accounts, give in beforehand their own accounts, and help to decide when any important matter is to be determined or adopted.

10. And inasmuch as church offices and ministrations in the country, although before God weighty and important, are yet considered contemptible by the ignorant and evil-minded, and are therefore exposed to many unfavorable criticisms and suspicions, when administered as God's Word directs; therefore, no complaint against Pastors, Trustees, Elders or Vorsteher shall be entertained, unless sustained by two or three credible witnesses, I Tim. 5:19. If, however, real offenses and transgressions, as Gal. 5:19-21; 6:1, become evident in the case of one or the other, which may God avert, the whole Church Council shall appoint an impartial committee, and through them examine the case, and pursue the grades of admonition, as Christ has commanded, without respect of persons.

CHAPTER III.

OF THE MEMBERS OF THE CONGREGATION.

1. Whoever would be a regular member of our Evangelical Lutheran congregation of St. Michael's Church, have a vote at elections, have part in the rights of membership and hold office therein; must, in accordance with Christ's command, so far as external evidence shows: 1.) Be baptized; 2.) Receive the Lord's Supper; 3.) Not live in open works of the flesh, Gal. 5:19; but, 4.) lead a Christian life, and not be engaged in any disreputable occupation; 5.) Contribute, according to ability, to the support of church and school and of the laborers in the same, so long as there is need, be it little or much, though it were only a cold water; 6.) Be subject to Christian order and discipline, and allow himself to be corrected in brotherly love, when he does wrong; 7.) and, next to God and the government, so conduct himself toward the faithful Pastors and elected officers of the congregation, that they may administer their office with joy and not with grief.

2. Whosoever fails in the aforementioned points, or in any of them, wilfully and of purpose, and will not by the grace and mercy of God correct his fault after the degrees of admonition have been observed, nor will be subject to Christian order, he cannot and shall not be a member of our Evangelical Lutheran congregation, and he shall have no right or share in its privileges, still less have right to vote or to hold office.

3. In case anyone of the communicant members of the congregation, should, through the deceitfulness of sin and of Satan, fall into gross sin, or open works of the flesh, which may God avert, and should such offense be established by credible and incontestible evidence, then shall he: 1.) Be privately admonished by the Pastor and be counselled to true repentance and reconciliation through faith. 2.) Should this not avail, he shall again be admonished by the Pastor, in the presence of the Elders and Vorsteher. 3.) Should this fail, he shall be excluded from the congregation, in the presence of the Church Council or by its action, and he shall have neither part nor will, until by the goodness or the severity of God, he has been led to repentance and ask forgiveness of the congregation for the offenses committed, which shall be done through the Pastor, without mention of the name. In such case he shall be received again and acknowledged as a member, if his life and conversation prove the repentance and amendment to be sincere.

This constitution as a whole and in all its parts, shall be held inviolate in our Evangelical Lutheran congregation of St. Michael's Church and dependencies, and shall hold good and continue in force, until the whole Church Council and congregation, or at least two-thirds of both, to wit, of the Council and of the communing members, shall deem it necessary and useful to amend, or to add, or to exclude anything in the same; all of which is certified by our signatures; done at Philadelphia, Oct. 18, 1762.

This constitution was with few modifications accepted by the united congregations, one after another. It was the basis of the new congregations formed. It was carried by the minister's throughout the wide limits of Pennsylvania and adjacent States. It was inherited by new Synods formed out of the Penna. Ministerium. It was carefully studied and its main features adopted by the preparer of the Formula of Government and Discipline of the Synods of West Pennsylvania, Maryland and Virginia, and then became that of the General Synod. The great body of the congregations in this country, outside the bounds of recent German Synods in the West, are organized on its plan.

As to its character, it bears marks on its surface of Reformed influence. It contains the Reformed provision of elders and even the characteristic Calvinistic designation, Ruling Elders. The determination of its character was undoubtedly influenced by Reformed forces. The Swedish Constitution in this country in Wrangel's time, and before, was probably brought from the Dutch Church at New York, and may even have already felt the power of the Reformed Church of England. The Church of Amsterdam undoubtedly was greatly influenced by the organization of the Reformed Churches of the Netherlands. The Lutheran Churches in New York and New Jersey were certainly moulded by that of Amsterdam and London, as well as by the surrounding Dutch Reformed Churches. And these all had some influence in shaping the form of the Philadelphia Constitution. And then, too, our Churches here were in close relation to the German Reformed Churches in the same section, and they greatly influenced, not so much the ministers as the people, to whose demands the constitution was in part a concession. But, nevertheless, the resemblance is more in outward form than inner spirit. There are elders, but the whole spirit which creates and pervades the office of Ruling Elder in the Ordonnances Ecclesiastiques de l'Eglise de Geneve, the KOO. of the Netherlands, even of the Lutheran Churches in Mark Brandenberg, is entirely wanting. The elders and Vorsteher are so much alike that the care of the purity of the church is attributed more to the one, and that of the poor more to the other, but it is a distinction with little difference. The trustees were required by the law of that time and are no integral part of the plan. The elders and deacons are the representatives and agents of the congregation and their office rests only on the right of the congregation to act, and its ability to deputize some to act for all. The needs of the church's affairs call for some such deputies and they are provided. The American representative and elective mode of government had perhaps as much influence as anything else in forming the views of the people; and the adaptation of this constitution to these sentiments and wants and modes of thought and action has been the chief reason for its general acceptance and permanent endurance.

Beale M. Schmucker