pJi V Jy Germm RULES AND REGULAT IONS OF OF HERMAN PROTESTANTS, Adopted on the 4th day of March, 1818, Revised 11th May, 1846, and 10th May, 1869, WITH THE ACT OF INCORPORATION. (Charleston, £. O'. u 7 u COURIER” STEAM BOOK AND JOB PRESS, No. Ill EAST 15 AY. 18 0 9 . I TITTLES AND REGULATIONS OF THE LUTHERAN CHURCH OF GERMAN PROTESTANTS, Adopted on the 4th day of March., 181.4 , Revised lltli May, 184(5, and 10th May, 18G9. WITH THE ACT OF INCORPORATION. (Charleston, O'. COUEIEE .JOB PEESS, 111 EAST BAY. 18G9. . . « m 2^ A A r X LL Lp A. 1ST ACT, FOR INCORPORATING DIVERS RELIGIOUS SOCIETIES THEREIN MENTIONED. STATE OF SOUTH CAROLINA. At a General Assembly, begun and liolden in Charleston, on Monday, the 6th day of January, in the year of our Lord one thousand seven hundred and eighty-tliree, and in the seventh year of the independence of the United States of America, and from thence continued, by divers adjournments, to the 26th day of March, in the year of our Lord one thousand seven hundred and eighty-four. V> v Whereas, by the Constitution of this State, passed the 19tli day of March, one thousand seven hundred and seventy-eight, it was declared that all de¬ nominations of Christian Protestants should enjoy equal religious and civil ^privileges; and that whenever fifteen or more male persons, not under twenty- one years of age, professing the Christian Protestant Religion, and agreeing to unite themselves in a society for the purpose of religious worship, (on complying with the terms therein mentioned,) they should be constituted a Church, and to be esteemed and regarded in law as of the Established Reli¬ gion of the State: and, on a petition to the Legislature, should be entitled to - be incorporated, and to enjoy equal privileges. And whereas the several societies of Christians, who call themselves by the name of the Lutheran Church of German Protestants; the Presbyterian Church of the City of Charleston; the Presbyterian Church on Edisto Island; the Presbyterian Church at Wilton, in St. Paul’s Parish; the Baptist Church on the High Hills of Santee; and the Presbyterian Church on Bullock’s Creek, in Camden District, have petitioned the Legislature of this State, praying to be incorporated, and asserting they have complied with the terms required 4 by the Constitution, as preparatory thereto, and the allegations in the said petitions appearing to be true; Be it therefore exacted, by the Honorable the Senate and House of Re¬ presentatives, now met and sitting in General Assembly, and by the authority of the same, that the several and respective Societies above mentioned, and the several persons who now are, or shall hereafter be, members thereof re¬ spectively, and the successors, officers and members of each of them, shall be, and they are hereby declared to be, severally, one body corporate, in deed and in name, by the name and style of the Lutheran Church of German Protest¬ ants, the Presbyterian Church of the City of Charleston, the Presbyterian Church on Edisto Island, the Presbyterian Church at Wilton, in St. Paul’s Parish, the Baptist Church on the High Hills of Santee, and the Presbyterian Church on Bullock’s Creek, in Camden District; and bv the said several names shall each have perpetual succession of officers and members, and a common seal, with power to change, alter, break, and make new the same, as often as they, the said corporations, shall severally judge expedient. And each of the said corporations, and their several successors, shall be able and capable in law to purchase, have, hold, receive, enjoy, possess, and retain, to them severally, and their successors, in perpetuity, or for any term of years, any estate or estates, funds, tenements or hereditaments, of what kind or na¬ ture soever; and to sell, alien, exchange, demise or lease the same, or any part thereof, as they shall think proper, and by each of their said names, sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this State, and to make such rules and by-laws (not repug¬ nant and contrary to the laws of the land) for the benefit of the said corpora¬ tions, severally, and for the order, rule, good government, and management of each corporation, and for the election of members, and their maintenance, out of any funds belonging to such respective Societies, for erecting and repa¬ ration of Churches by each corporation out of any such funds, and ascertain¬ ing the rents which shall be paid by the pew-liolders, in such a manner as shall be from time to time agreed upon by a majority of the members of each re¬ spective Society. Axd be it further exacted bv the authority aforesaid, That it shall and may be lawful for each corporation hereby erected, to take and to hold to them and to their successors forever, any charitable donations or devises of lands and personal estates, and to appropriate the same for the benefit of each corporation, in such manner as may be determined by a majority of the mem¬ bers thereof, and to appoint and choose, displace, remove and supply minis¬ ters, officers, servants, and other persons to be employed in the affairs of each corporation, and to give such salaries, perquisites or other rewards for their labor or service therein, as each corporation shall from time to time approve of and think fit. Axd be it further exacted by the authority aforesaid, That each cor¬ poration as aforesaid, shall be, and each of them is hereby declared able and 5 capable in law to have, hold and receive, enjoy, possess and retain, all such other estates, real and personal, money, goods, chattels and effects, which they now possess, or are entitled unto, or which have been already given, devised or bequeathed, to either of them, by whatever name such devise or bequest may have been made. And be it fubther enacted by the authority aforesaid, That this Act shall be deemed and taken as a Public Act, and notice shall be taken thereof in all Courts of Justice, and elsewhere in this State, and shall be given in evi¬ dence on the trial of any issue or cause, without special pleading. In the Senate House, the 26th day of March, 1784, and in the 8th year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. Digitized by the Internet Archive in 2018 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/rulesregulationsOOIuth RULES. Whereas, at a General Meeting of the incorporated Lutheran Church of German Protestants, held on the sixth day of Feb¬ ruary, in the year of our Lord one thousand eight hundred and eighteen, it was resolved, that the Rules of the said Church, which had been adopted and ratified on the twenty- sixth day of September, one thousand eight hundred and ten, should be altered and revised: Now, be it known, that at a General Meeting of the members of the said Church, held on the third day of March, one thousand eight hundred and eighteen, and 11th May, one thousand eight hundred and sixty-nine, the following Rules were duly established, ratified and confirmed, and are now the standing and governing Rules of the said Church. RULE I. All persons at present members of the Lutheran Church of German Protestants, may remain such on subscribing these Rules, and paying such assessments or contributions as now are, or hereafter may be prescribed by the Yestrv and War¬ dens. The Vestry and Wardens are authorized to declare, by a special minute on their journals, widows and orphans of mem¬ bers, as well as unmarried females confirmed in the Church, entitled to the privileges of the same, without contribution; 8 but this privilege not to exempt them from paying the assess¬ ment upon any pews they may hold. Any male wdiite person, being of the age of twenty-one years, and professing the Christian religion, may become a member by signing the Rules and taking a pew T in the Church, or, in the place of taking a pew, paying such contributions as may be fixed by the Vesti^ and Wardens. No person shall be qualified to vote on any question relating to the interest of the Church for one year after he became a member, unless he be the son of a member who has been such for one year; nor shall any one hold an office before he has been two years a member, unless he be the son of a member who has been two years such. Nor shall any person be enti¬ tled to hold an office, or vote on any question, wdio is known and acknowledged to be a member of another Church. Members, holding pews, neglecting to pay their assessments within six months after the same shall have become due, shall forfeit their right to the pews, and if they do not become con¬ tributing members from the time of such forfeiture, the} 7 shall lose all right of membership. Members, not pew-liolders, neglecting to pay their contributions within six months after the same shall have become due, shall forfeit all right of mem¬ bership, unless they were absent from the State, or their cir¬ cumstances should cause them to be objects of charity, which shall be determined by the Vestry and Wardens; but such persons as may be deemed objects of charity shall have all the privileges of members, except being eligible to any office, or capable of voting on any subject relative to the Church. Pew-holders, not members, neglecting to pay their assess¬ ments within six months after the same shall have become due, shall forfeit the right to their pews. Persons having forfeited their rights as members, or having resigned, may be readmitted on paying such arrears as may have been due by them at the time of such forfeiture or resig¬ nation. 9 RULE II. There shall be an election, by ballot, held on Easter Mon¬ day, for a President, Treasurer, Secretary, eight Vestrymen and two Wardens, from among the members, to be conducted as hereinafter specified. The President shall be, ex officio, a Vestryman, and shall preside at all meetings: but no officer in any other Church shall be eligible to an office in this. At three o’clock in the afternoon of the same day, the mem¬ bers of the congregation shall meet to receive the result of the election from the managers. Those having a plurality of votes shall then be declared duly elected, and shall serve until the next annual election; and in the event of there not being a constitutional number elected, another election shall be held within a month thereafter, in order to complete the number required. Should any office become vacant by death, resignation, for¬ feiture, or removal from the vicinity of Charleston, an election to fill same shall be held within one month from date of such vacancy; said election to be conducted as above provided. RULE III. The Vestry and Wardens shall hold a stated meeting on the first Friday after the general election, also within the first or second week of July and January in every year, to receive the Treasurer’s report of monies collected for pew rents, contribu¬ tions, etc., and of monies paid away; and to transact such other business as may come before them, or be required of them in these Rules. They shall likewise hold such extra meetings as, to a majority of their bod}^, may appear necessa¬ ry, or as may be called by the President. They shall not pro¬ ceed to business unless six be present, and all questions before them shall be decided by a majority of the votes of those pre¬ sent. They shall have the charge of, and power to manage 2 10 and regulate the finances of the Church; keep the building and premises in proper order and repair; rent out such of them as are not designed for the public use of the Church, or not requisite for the accommodation of either of the offi¬ cers. They shall provide from time to time such articles as may be required for the service of the Church, or conducive to its interest, and fix the rates of pew rents and other con¬ tributions. They shall also have power and authority, with the approbation of the Congregation, to engage the Minister. They shall, at their first meeting after the general election, elect the Organist and Sexton, whose term of service shall be until a similar meeting the ensuing year, and lay down what duties are to be performed by them; and be vested with full power to discharge either of them, at any time, for any mis¬ conduct or neglect of duty; also, exercise such other powers as are vested in them by these Rules. They shall lay before, and submit to the members of the Church, at their meeting on Easter Monday, or at an extra meeting that may be called for special purposes, their proceedings, as well as other mat¬ ters of importance in which the Church may be interested. RULE IV. The President shall cause the Vestry and Wardens to be duly summoned, whenever a stated or extra meeting of their Board is to be held. He shall also cause due notice to be given to the Congregation whenever a general meeting is to be held, either at the instance of the Vestry and Wardens, or at the request of twenty members of the Church. He shall preside at all the meetings, preserve order and decorum, put questions to vote, and declare the result. He shall ajipoint all committees, draw orders on the Treasurer for the payment of monies as may be sanctioned by any meeting of the Vestry and Wardens, except the salaries of the officers, for which he may draw orders on the Treasurer for payment whenever due; 11 and he shall exercise such other powers, and perform such functions as are allotted to him in any part of these Rules. Should the President be absent from any meeting of the Vestry or Congregation, the members present shall appoint a President pro tern.; and should his office become vacant before the expiration of his term of service, the Secretary shall, with¬ out delay, summon the Congregation, for the purpose of elect¬ ing another President, to fill the vacancy for the unexpired term of service. Said election then to be conducted in the same manner as the annual election RULE V. The Treasurer shall have charge of the title deeds, special¬ ties, and such sacred vessels appropriated for the use of the Church, as are not left with the Minister or Sexton. At the first meeting of the Vestry and Wardens after each an¬ nual election, he shall lay before them his annual account with the Church. The Treasurer elect shall, within a week after his election, deliver to the President a list of the several articles and species of property placed in his possession by the Committee on Accounts, belonging to the Church, which list the Secretary shall enter in the journals. He shall, at every meeting of the Vestry and Wardens, lay before them a state¬ ment of monies received and paid away on account of the Church, since the meeting last held, together wfith the balance then in his hands. He shall collect the pew rents, contribu¬ tions, etc.; the ground and house rents due by the tenants of the premises belonging to the Church; the interest and divi¬ dends on bonds, notes, bank shares, etc.—the principal sums of bonds and notes, w T hich the Vestry and Wardens may order to be called in. He shall pay all demands against the Church upon orders drawn upon him by the President, and perform such other duties as are enjoined on him in any part of these Rules, or as maybe appertaining to his office; and, in compen- 12 sation for his services, he shall be entitled to a commission of five per cent, on all monies received, except legacies or dona¬ tions. Should the Treasurer resign or die before the expira¬ tion of the term for which he was elected, a new election, as provided for above, shall be held within one week thereafter, to fill the vacancy. The Treasurer shall give bond, with suf¬ ficient security, to be approved of by the Vestry and Wardens, for the faithful performance of his duties. RULE VI. The Secretary shall keep fair and regular minutes of the proceedings of the Vestry and Wardens, and of those of the Congregation at their stated and extra meetings. He shall transcribe the same in the journals of the Church, and per¬ form any other writing that the Vestry and Wardens may di¬ rect. He shall keep a regular book of accounts of pew rents and contributions, and furnish the Treasurer, by the first of June and December in every year, with a list of pew holders, and of the sum then due by each respectively. He shall have charge of the book containing the Rules, which, together with the journal, he shall produce at every meeting of the Vestry and Wardens, or of the Congregation. He shall likewise pro¬ duce at the Church, on the first Sunday of every month, after divine service, the rule book for signature. Opposite to the name he shall note the date when persons became members; when a member resigned, died, or was declared by the Vestry and Wardens to have i forfeited his right as such. He shall also have in charge, for safe keeping, all written communica¬ tions addressed to the Vestry and Wardens, and perform any other duty that may be enjoined on him by these Rules. RULE VII. It shall be the duty of the Wardens to maintain order and tranquility during service. They, together with two mem- 13 bers, (to be appointed for that purpose by the President,) shall hold the election on Easter Monday for a President, eight Vestrymen, two Wardens, a Treasurer, and a Secretary; open the poll in the Church or Lecture room, at one o’clock, P. M., on that day, and keep the same open two hours, when they shall report the result of the election to the Congrega¬ tion. They shall attend to all collections made at the Church, and perform such other duties as may be required of them by these Rules, by the Vestry or Congregation. R U L E VIII. Every holder of a pew, or part of a pew, shall pay, in the months of June and December, such rent as may then be due; and every member, not a pew-holder, such sum as the Vestry an d AY ardens may from time to time assess. Every person becoming a member shall pay at that time a proportion of pew rent, or contribution, according to the time he has been such. No pew shall be rented to more than two persons, and if any person renting but the half of a pew, and an application be made for the whole pew, the holder of the half shall have the prior right to keep the whole, and if he or she decline do¬ ing so, they shall vacate, and the whole pew be given to the person thus applying. This regulation not to affect any that are holding half pews on the adoption of this Rule. And it shall be the duty of the Secretary hereafter, in renting half pews, to inform the parties so renting of this Rule. In case of the death of a pew-holder, his widow or children shall have a right to retain the pew, or part of the pew, as long as she or they continue to pay the assessment thereon; and should a part of a pew become vacant, the other occupant or occupants (if members) shall have a right to such vacant part on continuing to pay the rent. No pew-liolder shall transfer his pew, or part thereof to any 14 other person than a member, without the consent of the Yes- try and Wardens. A pew-holder making a transfer shall* without delay, notify the Secretary of the same. Applications for pews must be made to the Secretary. Every applicant shall be accommodated in the order of the date of his application; but members, or the widows and children of members, shall always have a prior right to an applicant not a member. RULE IX. The Minister shall perform divine service in the English language, on every Sunday, and, if capable, he shall perform the same in the German, whenever required by the Vestry and Wardens. He shall also officiate in the morning of every fast and thanksgiving da} r that may be recommended by the Presi¬ dent of the United States, the Governor of this State, or the Intendant and Wardens of this City. He shall administer the Lord’s Supper on Easter and Whitsunday, Christmas day or the Sunday preceding, and at such other times as he may deem necessary. He shall instruct in the principles of the Christian religion, such as may be put under his charge, for public confirmation, and for admittance to the participation of the Lord’s Supper. He shall regularly and carefully keep the Church register, containing the baptisms, confirmations, marriages and funerals of members, their families, and others that may be baptised, confirmed, married or buried by him. He shall furnish the Vestry and Wardens, at their meetings in July and January, with a list of funerals that may have taken place in the Church during those periods, and to have said list prepared, it shall be the duty of the Secretary to give him one week’s notice of the day of such meeting. He shall exercise such other functions as are appertaining or incident to the duties of a Clergyman. He shall hold his office during good behavior, and be considered a member of the Church 15 *> without contributing to the same, but without being eligible as a Vestryman or Warden; nor shall he be entitled to give his opinion or vote, either at a meeting of the Congregation or of the Vestry and Wardens, unless his opinion on any subject be required by a majority of the members present at such meeting; but any communication he may make in writing to the Vestry and Wardens shall be duly attended to. He shall always have free access to the Rule book. He shall receive from the funds and income of the Church such salary as he may from time to time agree upon with the Vestry and War¬ dens, to be paid quarterly. Should the office of Minister become vacant, a meeting of the members of the Church shall, as soon as possible there¬ after, be called to deliberate upon the best and speediest mode to till the vacancy. No one shall be engaged as the perma¬ nent Minister of the Church unless he be a Lutheran, and has been regularly bred and called to the Ministry, according to the profession of the Lutheran Church, of which he shall pro¬ cure, if required, satisfactory testimonials to the Vestry and Wardens; but in the event of there being no such one ap¬ proved of by the Vestry and Wardens to be procured, they, with the consent of the Congregation, may engage a tempo¬ rary Minister of the Protestant Church, to officiate for a pe¬ riod not exceeding six months at a time, whose functions shall nevertheless cease as soon as a Lutheran is procured. RULE X. The Organist shall attend in the morning and afternoon of every Sunday, and on such liolidays, fast or thanksgiving days when service is to be performed in the Church. He shall at¬ tend every funeral at wffiich he may be required to officiate, and perform such other duties appertaining to his office as may be required of him by the Vestry and Wardens, and not be eligible to any other office. He shall receive such salary as may be agreed upon by the Vestry and Wardens. RULE XI. The Sexton shall, at all times, keep the Church and Church¬ yard clean and in proper order. He shall cause the bell to be rung, and the Church gates to be opened before the commence¬ ment of every service. He shall prepare the Altar or Commu¬ nion Table in a suitable manner, when a baptism is to take place, or the Lord’s Supper to be administered. He shall at¬ tend whenever service is to be performed, for the purpose of assisting the Wardens in preserving order and tranquility. He shall take care of such articles belonging to the Church as may be placed in his charge. He shall attend all funerals, and, if required, invite to them the members of the Church, together with such families and persons as may be directed by the friends of the deceased. He shall apprize the Minister and Organist of the time and place, whenever their services are required at any funeral. He shall cause the graves to be dug, and of a legal depth; enter in a book, to be kept by him, a list of {ill funerals, with the name, age and sex of the de¬ ceased; said book he shall produce at every meeting of the Vestry and Wardens. He shall receive the funeral emolu¬ ments, and pay the same over to the Treasurer at or before the next meeting thereafter of the Vestry and Wardens. He shall have the Church opeued in due time, when a meeting of the Vestry and Wardens, or of the Congregation, is to take place, and have the same properly shut after all meetings. He shall cause the bell to be rung at every alarm, and perform any other duty that may be required of him by virtue of these Rules, and that may be appertaining to his office, or that may be specified by the Vestry and Wardens. He shall receive such salary as may be agreed upon by the Vestry and Ward- 17 ens, and shall not be eligible to the office of Vestryman or Warden. RULE XII. On every day on which the Lord’s Supper is administered in the Church, a collection shall be made after the conclusion of the service, and the proceeds of such collection be received by the Committee of the Alms Fund, and such amounts, if so agreed upon by the Vestry and Wardens, shall be apportioned among the indigent members and their families, dependent on the bounty of the Church. RULE XIII. % At the first meeting of the Vestry and Wardens elect, a Committee of Accounts, to consist of three members, shall be appointed to perform such duties as are assigned them in these Rules, and to examine all accounts that may be referred to them by the Vestry and Wardens. At the same time a Committee, consisting of three members, shall be appointed, whose duty it shall be to attend to all repairs which the Ves¬ try and Wardens may, from time to time direct, as well as such as might require immediate attention, and a Committee of three members, whose duty it shall be to take in charge all collections made for the benefit of the poor, subject to the in¬ structions of the Vestry and Wardens. RULE XIV. In cases of funerals no charge shall be made for members or their families, but for strangers, if permission has been ob¬ tained from the President for interment in the Church-yard, the Sexton shall demand in advance the sum of fifty dollars. By the words “families of members” are to be considered, 3 18 first; all minors residing with and dependent upon a member for support; second; all unmarried females, or widows who have no exclusive property of their own, and are dependent upon said member for a support. No funeral shall take place unless the Minister of the Church be invited to attend, and no permission shall be given for the interment of persons of color in the Church-yard. RULE XV. \ The foregoing Rules may be altered, or any new one adopt¬ ed, provided that each alteration or addition be considered at one meeting of the members of the Church, and then submit¬ ted to a committee of nine, who shall report at a stipulated period on the propriety of such alteration or addition, when a general meeting of the members shall be called; notice of said meeting to be published from the pulpit for two Sabbaths pre¬ vious. On the question to concur in any alteration, or in the establishment of any new Rule, at least twenty-five members shall be present, and not less than two-thirds of those present must give their assent to such alteration or addition. And at all other meetings, fifteen members shall be present to form a quorum to transact business. But no alteration or additional Rule shall ever be made, by virtue whereof the Church might become any other than a Lutheran. RULE XVI. For the just and true performance of all and every part of this Constitution and of all the Rules, Articles, Regulations and Agreements formed in pursuance thereof, the members form¬ ing this Congregation bind themselves, and each and every of them respectively, by these presents, to observe, support and comply with the same. And the former original and by-rules are hereby declared to be altered and amended, as herein set 19 forth; but nothing herein contained shall extend, or be con¬ strued to extend, to impair the right of the Church to any claim or demand that may be due thereto, under and by vir¬ tue of the former Buies and Regulations; all which claims and demands shall be as valid as though the said Rules and Regu¬ lations were still in force. And the members also agree that any Rules hereafter to be made conformably to this Constitu¬ tion, shall be taken and regarded by them, and every one of them, to be of equal force and as binding to all intents and purposes, as these Rules. t$E,- H.Y. p fc T. JAN 2>, '<»OS