The first change made by Muehlenberg and Brunnholtz was in 1746, partly for the purpose of legally securing the property. The deed of the property, and the responsibility for debts incurred in erection of the church, were in the name of four vorstehers. Under the law, trustees could hold church property in trust, and twelve trustees were appointed, to whom all these things were transferred. These trustees were named by Brunnholtz and Muhlenberg, [tr. note: sic] the pastors being of the number. There was no limit of time established, but a vacancy made by death or removal was filled by election by the remaining trustees. But these persons are afterward called elders. For legal purposes they were trustees, and the property held by them as such. But they were a body of elders, not elected by the congregation, but chosen by the pastors at first, and self-perpetuating. They selected the vorsteher and presented their names to the congregation to afford opportunity for objection. If not objected to they were installed. These trustees, including the pastors, with the vorsteher, elected by themselves, constituted the church council. As at the time of the reformation, recourse was had to the princes as rulers, so here in the beginning it was thought wisest and safest to vest the government of the congregation in a few set over them by authority. Under this arrangement, the administration of affairs went on from 1746 until steps were taken to prepare a new constitution, in 1762.
An address to the congregation in 1757, presents a survey of the whole course of procedure. Brunnholtz says: "1. On the XII. Sun. p. Trin., 1746, twelve men were publicly announced by me from the pulpit as elders. 2. In connection with these men, I chose four men as vorsteher, one-half to go out each year, as has since then been the custom. 3. These elders and vorsteher, when assembled under the direction of the pastor, were called the church council, because in their meetings they took counsel together and made decisions. Thus was laid the foundation of our administration for the future erection of the church."
The trustees or elders were not installed. The vorsteher were installed publicly. The record of Zion's Church gives fully the questions asked in 1757.
An account of the installation of the Vorsteher is given in the record, which, as it is the earliest we have found, may well be described. The two new men came forward, and Brunnholtz said: "The men chosen by us from four proposed stand here before you, against whom it is to be hoped that you have no objection to make, as you did not appear (at the annual meeting, when the names were announced). They are John Kuhn and C. R. Uhl. Dear Brethren J. K. and C. R. U., I will ask you the following questions, to which you will assent by saying 'yes.' 1. Is with reference to purity of life and setting a good example. 2. Will you strive to aid in advancing the welfare of the congregation in all things internal and external? 3. Will you live in peace with the two other Vorsteher? 4. Will you keep strict account of all monies received and keep them safely in the chest? 5,6. Concerning keeping order in church and caring for payment of salaries. Then answer by saying 'yes' and giving me your hand. And you, members of the congregation, will you love and honor them, stand by them in all that is good, etc.; then answer 'yes.' You, J. K. and C. R. U., are hereby declared and confirmed as Vorsteher. And you, beloved brethren," naming them, "who go out of office, receive my hearty thanks and those of the congregation."
This preliminary arrangement is merely described in the record of the church council. It was not prepared in form as a written constitution, indeed a moderately full account of it is not given until 1757, though the duties of the Vorsteher are described in 1746. Then there was no written constitution at Philadelphia until 1762, so far as any known evidence shows.
I am strongly inclined to believe that this arrangement at Philadelphia was made chiefly by Brunnholtz, who, since June, 1745, had sole charge of the congregation there. Muehlenberg was, of course, a pastor there also, but in the division of labor, the actual care of the congregation was committed to Brunnholtz. That Muehlenberg was consulted and gave his consent is to be supposed, but that he gave way to the desires and plans of his associate is natural. At the Trappe, where Muehlenberg lived and had charge, he introduced an arrangement which was different from that at Philadelphia, and which may naturally be supposed to represent his views, as the other did those of Brunnholtz. As it is the earliest written document having at all the nature of a congregational constitution which has come down to us from the Halle men, an account of it may well deserve a place.
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.