Chapter 6. Of the Obligations of the Congregation to its Preachers,

Elders and Deacons. Chapter 7. Rules for those who receive alms from

the congregation.

In the articles on which the Preachers of the Augsburg Confession in

Amsterdam are called, and by which they are to be governed in their

whole office and ministrations, adopted in 1607, not only are all the

statements of doctrine given in the constitution repeated, but there is

this additional provision: "They shall, with good judgment and

reasonable prudence, exclude from the use of the Sacraments and of the

Ministrations of our Church, Papists, Anabaptists, Schwenkfelder,

Calvinists, New Manicheans or Flacianer, and all others, who not only

do not hold our doctrine, but also are an occasion of offence, and lead

away the simple and weak."

This Amsterdam constitution is one of the most carefully prepared, well

digested instruments of the kind ever produced, very full in all needed

provisions for the adminstration [tr. note: sic] of the affairs of the

congregation, and pervaded by a devout spirit; sound in the faith and

watchful of the life of Pastors, Officers and members. It well deserves

the prominent place it holds among the sources of Lutheran organization

in the New World.

_The London Constitution._--St. Mary's Church in the Savoy, was

organized in 1692 by the members of the older Hamburg church who lived

west of Temple Bar, and received from King William an old Jesuit chapel,

which stood on the ground which had belonged to the Duke of Savoy, which

was reconstructed in 1694; a new church was erected in the same place in

1768. Its first pastor was M. Irenaeus Crusius, in whose time the

constitution was adopted, in 1695. The preface says: "We, the present

Pastor and Deputy Vorsteher, have taken the Kirchenordnung used by our

brethren in Holland, have caused it to be translated into German, and,

except for urgent reasons, have altered nothing therein, in order that

our unity might the more clearly appear." The translation is made from

the edition of 1682, and Benthem's translation agrees so nearly with it,

that the one must have been used by the other; Benthem's preface is

dated 1697, the London is dated 1695, and seems to be the earlier.

It is divided into two parts, the first containing the Kirchenordnung

covers the ground of the Amsterdam book; the second contains the Order

of Service which is not found in that of Amsterdam, where the Antwerp

Agenda took its place. The part containing the Kirchenordung is all to

which the preface refers when it is said that it was taken almost

exactly from the Amsterdam book. It also is divided into two parts, the

first of which contains the same eight chapters already described in the

Amsterdam book, the ninth in the edition of 1597 having been omitted in

1682. These chapters agree almost verbally with the Amsterdam book. The

statements of doctrine are exactly the same, and I have noticed

throughout this part no material change, except that the duties of the

Amsterdam comforter of the sick are assigned to the pastor. The Second

Part differs materially from that of the Amsterdam Book, the chief

differences being that there is but one order of congregational

officers, Vorsteher, to whom all the duties of both elders and deacons

are assigned; there is no comforter of the sick, but only a sexton; the

contributing members take part in the election of the pastor as well as

in that of Vorsteher; and there is no Consistory, but simply a meeting

of the Vorsteher, in which not only does the pastor not preside, but

his presence is not mentioned. In so far as these and other minor

changes allow, the very words of the Amsterdam book are used. The

contents of this part are: Chapter I. Of the Calling and office of

Preachers and Deputy Church Vorsteher. Twelve Vorsteher are to be

elected by the contributing members, who in important matters shall

confer with the Preacher, take counsel from him and from the

congregation in case of need, otherwise they shall refrain from

molesting each other, except for good cause. The Vorsteher shall meet

once a month, and absent members are fined; they each preside in turn

for one month. In cases of importance the whole contributing membership

are called in, and not alone those who have held office as at Amsterdam.

Apart from these changes the provisions are the same as for the

Consistory at Amsterdam; questions of doctrine being decided by the

pastor alone, as at Amsterdam. Chapter II. Of the Call, Office, Salary

and Dismissal of Preachers. Except that the nomination and election of

the preacher is made by the whole contributing membership, and that

controversies concerning questions of doctrine are to be determined,

when they threaten the peace or unity of the congregation, by the

decision of one or three German Universities of the Lutheran faith,

instead of by the Synod, as in Holland, this article is taken bodily

from the Amsterdam book. Chapter III. Of the Call and Office of the

Deputy Church Vorsteher. Six Vorsteher are elected annually by the

contributing members, without previous nomination, to serve for two

years, and at the election when the names of those receiving most votes

are announced, an opportunity is given for objection to any of them to

be made, and if any be seriously objected to, a new vote shall be taken

in those cases. The provision for installation is omitted, so that in

all probability there was no imposition of hands. Otherwise, this

chapter is taken bodily from that concerning deputy elders at Amsterdam,

with the mere substitution of the word Vorsteher. Chapter IV. Of

Provision for the Poor. The Vorsteher shall appoint two of their number,

every two months, to take charge of the offerings, collections,

legacies, etc., for the poor. The offerings for the poor on Sunday were

placed in a separate vessel provided in the church. With some slight

variations the whole work of the deacons at Amsterdam is here renewed,

except that it is assigned to two of the Vorsteher, in turn, for two

months. Chapter V. Of the Sexton. That portion of this chapter which

refers to Koster and Knapp at Amsterdam is retained, and that concerning

the Ziekentrooster omitted. Chapter VI and VII are as at Amsterdam.

We here close the examination of the organization of Lutheran

congregations existing in this country when Muehlenberg came, of the

influences by which it had been produced, and of the European Lutheran

constitutions which then and afterwards formed the basis on which it

rested. We go on to describe the gradual formation, under Muehlenberg

and the Halle Missionaries, of the constitution, afterwards accepted

generally by the American congregations.

HENRY MELCHIOR MUEHLENBERG.

In 1742 H. M. Muehlenberg arrived in Pennsylvania, where he not only

ministered to several congregations, but soon became virtual

superintendent of all the congregations. He brought the troubled

affairs of his own pastorate into order. He gradually guided and was

guided to a complete organization of his congregations. He prepared and

introduced the well ordered constitutions by which their affairs have

been regulated ever since, and which now forms the Order of Government

throughout the body of older congregations. His labors and counsels

were sought for, in ever-widening districts, until his oversight

extended from the middle of New York to Georgia. He gathered the

pastors and representatives of the congregations together and formed

the United Evangelical Lutheran Ministry, of which union he became

Senior; and he prepared the Order of Worship used throughout the

churches. Whether authority from the Fathers at Halle and London at the

beginning formally charged him with the oversight of the churches, I do

not know; but the common consent of all concerned, and their urgent

demand of such labor from him, actually made him Senior of the Ministry

and Superintendent of the Churches, as well as missionary in chief to

the scattered Lutherans in this land. He was called of God to this high

office, and the call came through the churches, formally perhaps,

certainly really.

And he was admirably fitted for this great work by natural talents and

character, by liberal culture with severe formative trials in the

attainment of it, and also by the peculiar circumstances and influences

which surrounded him before coming to America.

His large mental powers, his force and energy of purpose, his

self-forgetfulness and power of endurance, his consuming zeal and

devotion of his whole faculties to his work, his tender sympathy and

ardent love of souls, together with his admirable judgment and prudence,

made him a born ruler of men.

There is one characteristic of the Patriarch of the Lutheran Church in

America which is of such importance to his own times and which, after a

century has passed, continues to have so great significance, that it

claims attention; it is his fidelity to the confessions of the Lutheran

Church. The foundations of the organization of that church here were

firmly placed upon those confessions in their entirety and in their

true meaning. The relation of Muehlenberg to the confessions was in his

own lifetime openly questioned by some of his co-laborers in

Pennsylvania, like Stoever and Wagner, who affirmed that the Halle

Pietists were not sound Lutherans; the same hue and cry was raised in

New York by Berkenmeyer and Sommer, who were representatives here of the

orthodoxy, which in Germany contended against Pietism; other good men,

like Gerock and Bager, who had not been sent from Halle, sympathized

with this feeling, and finally, with some encouragement from Gerock,

Lucas Raus, in whom personal enmity toward Muehlenberg had been rankling

for years, brought direct charges of want of fidelity to the confessions

against him before the ministerium and offered to support them with

evidence in writing. There have been those in these later years, who

having themselves departed from the old confessions of our church, have

affirmed that Muehlenberg had allowed himself the same liberty, and that

he and his coadjutors had not themselves maintained, nor required of

ministers and congregations an absolute, unconditional and complete

acceptance of the confessions. The charges of his contemporaries were

based on their general impression concerning the Halle school of

pietism, and were entirely unsustained by any evidence furnished by

Muehlenberg. The falsity of the charges, by whomsoever made, will be

shown by the facts that in the ordination of ministers, in the

reception of congregations into the union, and in the constitutions

which they prepared for congregations, they required acknowledgement of

the confessions and adherence to them in the most absolute terms. If we

take Kurtz's ordination as a test, the evidence concerning which is

full, we find among the questions to which he must furnish a

satisfactory written answer, this one: "Ob unsere Evan. Luth. Lehre die

allein gerecht-und seligmachende, und wo sie in Gottes Wortgegruendet

sey?" Is our Evangelical Lutheran doctrine the only justifying and

saving doctrine, and on what proofs of Holy Scripture does it rest? To

this his answer is: "Ja und amen ist dieses solches, solches beweise

ich, etc." "Yea and amen is it such, and I prove it thus, etc." In the

revers which he was required to subscribe before ordination were

contained the conditions on which he received and could exercise his

office, and among them these two: "III. To teach nothing else, publicly

or privately, in my congregation, except what accords with the Word of

God and the Symbolical Books of the Evangelical Lutheran Church, and to

this end diligently study the same. IV. To introduce no other

ceremonies in public worship and the administration of the sacraments

than those which have been introduced by the collegio pastorum of the

united congregations, and to make use of no other formulary than that

which they appoint for me." The declaration of the Tulpehocken Church,

when it applied for reception, is given in full in Halle Records, new

edition, pp. 139-141, and shows the conditions on which congregations

were received, because the paper had been prepared for that purpose and

exhibits "the steadfast adherence of the united ministers to the

confession and doctrine of the unaltered Augsburg confession, which had

here been attacked by false brethren, by fanatical sects, by epicureans

and by divers others, in which assaults they had not only themselves

continued steadfast, but had held firm the Evangelical Lutheran Church

members, and had gathered them and increased their number, be it said to

the glory of God, who had stood by them." The doctrinal foundation on

which Muhlenberg [tr. note: sic] placed the congregations in their

constitutions may be seen in that of the Augustus Church, 1750,

hereinafter given. In 1762 it was deemed better to limit the

congregational obligation to the Augsburg Confession; I have no doubt

that it was done because an acquaintance with the whole symbols could

scarcely then be expected of the congregation, while they continued to

demand an obligation to the whole symbols of the ministers. As to the

doctrinal basis in the constitution of the ministerium, nothing was

formally established, there was no written constitution until after the

separation of the missions in this country from the patronage and

government of the Old World after the independence of the States, in

1781.

But the charges made by Lucas Raus afforded Muehlenberg occasion to make

his position very clear. These charges were referred to the Swedish

pastors Provost Wrangel and Borell, to whom the written evidence was to

be submitted, all of which they sent to Muehlenberg so as to enable him

to make his answer. That answer shows that under what he deemed unjust

assault and provocation, he was capable of vigorous indignation. The

charge seems to have been sustained by nothing else than the statement

that Halle Pietists were not orthodox Lutherans; and secondly, that

Muehlenberg alleged that the Lutheran Church had some imperfections.

Beside this charge of heterodoxy was another of life and conduct

unworthy a Christian, which, from the proof, seems to have consisted in

not estimating the complainer sufficiently highly and not treating him

as he thought he deserved. But the wounded vanity of Raus had at least

the good results that it caused to be written the statement in which

Muehlenberg, with indignation repels the outrageous charge. From this

statement, preserved with the other papers in the case in the Archives

at Halle, and copied for the new edition of the Halle Reports, I

quote this passage: "Ich biethe dem Satan und seinen dienstbaren

Luegen-Geistern Trutz um etwas auf mich zu beweisen, das wider der

Lehre der Apostel und Propheten und unserer Symbolischen Buecher

streiten sollte. Ich habe oft und vielmals gesagt und geschrieben das

ich an unsere Evangelische Lehre, nach dem Grunde der Apostel und

Propheten und unserer Symbolischen Buecher, keinen Irrthum, Fehler oder

Mangel faende." "I defy Satan, and all the lying spirits who serve him,

to prove against me anything in conflict with the doctrine of the

Apostles and Prophets and of our Symbolical Books. I have often and

again said and written that I have found in our Evangelical doctrine,

founded on the Apostles and Prophets, and set forth in our Symbolical

Books, neither error, fault or anything wanting." If these words are

not clear enough and strong enough to answer any charge of confessional

disloyalty, it would be difficult to say how it could be done.

I must avoid any entrance into the personal life of Muehlenberg, but

there were influences exerted on him by his surroundings which trained

and fitted him for his great life-work as the organizer of the Lutheran

Church in America, to which I must allude.

Until his twenty-second year he lived at Eimbeck, formerly a free city,

but then in the Grubenhagen Principality of the Duchy of

Brunswick-Lueneburg. The church at Eimbeck had been reformed and set in

order by Nicholas Amsdorf, but long before Muehlenberg's time, it had

come under the jurisdiction of the Lueneburg KO. The edition issued by

Frederick Duke of Br. Luen., in 1643, being in force during

Muehlenberg's youth. Afterward at Goettingen, though the city had its

own Ordnung, originally prefaced and sent by Luther, its worship was

substantially that of the Calenberg Principality of Br.-Luen. So that

until his twenty-eighth year he lived where the Government and Worship

of the church were ordered under the directions of the two branches of

the great family of KOO of Brunswick-Lueneburg. In the preparation of

these books such men as Luther, Melancthen, Bugenhagen, Amsdorf,

Corvinus, Chemnitz, Andreae and John Arndt took part. They are of the

noblest and purest type of Lutheran Ordnungen, and we can well discern

the effect of attendance on services of worship so ordered upon

Muehlenberg when he came to prepare the Liturgy for the churches here.

When he came to Halle he entered within the domain of the Margravate of

Brandenburg. Within the territory of this Margravate were found the most

extraordinary arrangements in church affairs which existed in any part

of the Lutheran Church in Germany. In the Duchies of Cleve, Julich and

Berg, the Presbyterians or Reformed from the Netherlands, welcomed as

refugees, had secured a full, self-governing, Presbyterial system in the

congregation, classis and synod. Under its influence the Lutheran Church

had largely adopted the same system. The Lutheran KO in force in

Muehlenberg's time says: "Each Congregation shall have its own Elders

and Vorsteher, who with the Pastors of the place constitute a Presbytery

or Consistory. There were to be four or six Elders, one half elected

each year by the Presbytery. Those going out of office could nominate

their successors."

The duties of the elders were: with the pastors, to have oversight of

the spiritual concerns of ministers and congregations, to visit from

house to house, to attend the Synod, to report transgressors to the

pastor, to admonish them, to exclude the recusant from spiritual

privileges, in short, to exercise discipline in connection with the

pastor. Their whole spiritual office was ordered after the manner of

Calvin at Geneva, and of the Refugee Presbyterian Congregations.

In each congregation were deacons in charge of the alms, appointed by

the government, or, like the elders, by the Presbytery or Consistory.

The whole care of gathering, keeping and distributing all alms was

given to them.

The Classis, which met once or twice a year, was composed of all the

ministers of the district, with one elder from each congregation, with

schoolmasters and kuesters as found good. Above the Classis was the

Synod, which met annually, composed of pastors and elders. A general

Synod of representatives, four pastors and two elders, from the Synod of

each province united the whole. We cannot but think that Muehlenberg's

familiarity with these arrangements in Mark Brandenburg was a part of

the training which influenced him in the organization of the church

here. And in Halle itself, Spener had earnestly advocated the advantages

of such arrangements. He fervently desired and commended the above

peculiar provisions, so unfamiliar to the Lutheran Church generally in

Germany.

CONSTITUTIONAL HISTORY OF ST. MICHAEL'S CHURCH, PHILA.

When Muehlenberg came to Philadelphia in December, 1742, he presented

his credentials and was accepted as pastor, in behalf of the

congregation assembled in the Swedish Church, by the three elders and

four vorsteher.

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.

"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

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