USA > Massachusetts > Essex County > Andover > Historical manual of the South church in Andover, Mass > Part 3
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"An aet to authorize the sale of parsonage lands, in the South
35
THE PARSONAGE AND THE MINISTERIAL FUND.
Parish, in the town of Andover, in the County of Essex, to raise a fund for the support of the gospel ministry, in said Parish, and to appoint Trustees for the management thereof.
Whereas, the inhabitants of the South Parish, in the town of Andover, have petitioned this Court for liberty to sell their par- sonage or ministerial lands for the purpose of raising a fund for the support of the gospel ministry :
SEC. 1. Be it enacted by the Senate and House of Represen- tatives in General Court assembled, and by the authority of the same, that Samuel Farrar, Joshua Chandler, Benjamin Jenkins, Daniel Cummings, Jacob Osgood, David Abbot and Simeon Furbush, be, and they hereby are, appointed Trustees to man- age such funds as shall be raised and appropriated to the use aforesaid, in and for the said Parish, and for that purpose they are hereby constituted a body politic and corporate, by the name of The Trustees of the Ministerial Fund in the South Parish in Andover; and they and their successors, to be appointed in the manner hereinafter prescribed, shall be and continue a body politic and corporate, by that name forever : and shall have a common seal, and may alter the same at their pleasure : and by that name may sue and be sued in all actions, real, personal and mixed, and prosecute and defend the same to final judgment and execution. And the said Trustees and their successors may and shall annually eleet a Clerk, who shall be sworn to the faithful performance of the duties of his office : and a Treasurer, who shall give bond in such sum as the said Trustees shall deem ade- quate, with sufficient surety or sureties, faithfully to account for the moneys and all other property he may receive by virtue of the act.
SEC. 2. Be it further enacted, that the real estate belonging to said Parish appropriated to the support of the ministry thereof, and the proceeds of the sale of any bark or timber, and money now in the hands of the Treasurer of said Parisli, re- ceived as damages awarded by the Court of Sessions, on account of a public road passing through said lands, be, and hereby
36
HISTORICAL SKETCHES.
are, vested in said Trustees and their successors: and the said Trustces be, and hereby are, authorized to sell and convey the whole or any part of said real estate, and to make, execute and acknowledge a good and sufficient deed or deeds thereof: which deed or deeds, subscribed by their Treasurer, by direc- tion of said Trustees, with their seal thereto affixed, and by him duly acknowledged, shall be good and effectual in law, to pass and convey all the right of said Parish, in and to said real estate, to the purchaser thereof, to all intents and purposes what- soever : Provided, however, that, in any sale as aforesaid, the approbation of the said Parish shall be first expressed at a legal meeting, duly convened for that purpose, or by a committee for that purpose by the said Parish appointed.
SEC. 3. Be it further enacted, that the number of Trustees shall not at any time be more than seven nor less than five, a major part of whom shall constitute a quorum for transacting business : and the inhabitants of said Parish may, at any lawful meeting, duly warned and called for that purpose, remove any of said Trustees from their said office : and whenever any va- cancy shall happen in said Board of Trustees, either by death, resignation or removal, the said Parish, at any Parish Meeting legally warned for that purpose, shall fill said vacancy within one year after it shall happen; and if the Parish neglect so to do, within that time, then the said Trustees, by a major vote, shall have power to fill such vacaney, and the said Trustees shall annually hold a meeting in March or April, and as much oftener as necessary, to transact their business.
SEc. 4. Be it further enacted, that any gift, grant, bequest or devise, hereafter made to the said Trustees, shall be valid and effectual to all intents and purposes whatsoever, and they and their successors as aforesaid, are hereby empowered to take, have, hold, purchase and exchange, use and improve any estate, real or personal, the annual income whereof shall not exceed the sum of two thousand dollars, in trust, for the support and main- tenance of the Gospel Ministry, in said Parish : and one-sixtli
37
THIE PARSONAGE AND THIE MINISTERIAL FUND.
part of the net yearly income of said fund or estate shall by said Trustees be annually added to the principal fund, to increase the same forever : Provided, it shall not increase beyond the limits above prescribed : and the remaining five-sixths of the said inter- est or annual income be annually paid to the regularly ordained minister or ministers of said Parish, in such manner as said Parish may direct: unless the said Parish, at a legal meeting, for that purpose duly assembled, shall direct the whole of said income, or any part thereof, more than one-sixth, to be put at interest for the increase of the fund ; and such proceeds of said fund, whenever the same shall be so paid to said minister or ministers, shall be deemed to be in satisfaction of his or their salary, for the time being, so far as the same will apply to the discharge thereof: and during any vacancy in the said Parish of a regularly ordained and settled minister, such part of the said income or interest, as would by the provision of this act be applied to his use, shall be appropriated to the increase of the principal fund, anything herein to the contrary notwithstanding.
SEC. 5. Be it further enacted, that the said fund shall always be holden and claimed to be inalienable, and shall never be used or applied to any other purpose than the payment of a settled minister or ministers in said Parish, and the principal thereof shall never in any part be expended, but always kept entire, and one-sixth of the income shall be annually added to the princi- pal in manner aforesaid : and the said Trustees, or their officers, agents or attorneys, for the services they may perform, shall be entitled to no compensation out of any moneys arising from the fund aforesaid : but, if entitled to any, shall have and receive the same of said Parish, as may be annually agreed upon.
SEC. 6. Be it further enacted, that the said Trustees shall cause to be recorded and kept, in their book of record, by their Clerk or Treasurer, a statement of the fund and estate in their hands, wherein shall be particularly designated the amount aris- ing from the sale of the parsonage lands, the nature and amount of every grant or donation, the period when made, the design
4
$8
HISTORICAL SKETCHES.
thereof, and the donor's or grantor's name and place of abode at large, with such other circumstances as they may think useful and proper to distinguish the same, and perpetuate the remem- brance thereof : and they shall make report of such statements to the inhabitants of said Parish, at their meeting in the month of March or April annually, where the same shall be publicly read : or to a select committee, if said Parish shall choose one for that purpose ; together with a specific estimate of what estate they actually hold, and by what tenure : what money and effects are due to them, and how the same are secured ; what receipts have been obtained, and what payments made by them the pre- ceding year.
SEC. 7. Be it further enacted, that the said Trustees shail always loan upon interest all the money belonging to said fund, in sums of not less than two hundred dollars each, except from necessity, when they have not so large a sum at their disposal, and for the term of one year, upon the bond or note of the bor- rower, with a mortgage of real estate, situated either in the county of Essex, Suffolk or Middlesex, of three times the value of the sum loaned, as collateral security for the repayment of the principal sum, with interest annually till paid : Provided, how- ever, that when any of the aforesaid parsonage land shall be sold upon a credit, and with the expectation that improvements will be immediately made upon it, it shall be sufficient to have a mortgage of the estate sold, with an approved surety with the principal : and if any debtor to said corporation shall fail to pay the interest due on his bond or note for the space of thirty days after the same shall become due, it shall be the duty of said Treasurer to cause such bond or mortgage to be put in suit, and prosecuted till it shall be obtained.
SEC. 8. Be it further enacted, that it shall be the duty of said Trustees to use and improve such find or estate as shall be vested in them, by virtue of this act, with care and vigilance. so as best to promote the design thereof : and they shall be amena- ble to the inhabitants of said Parish for negligence or misconduct
39
THE PARSONAGE AND THE MINISTERIAL FUND.
in the management or disposition thereof, whereby the same shall be impaired or suffer loss, waste or diminution : and the inhabitants of said Parish may have and maintain a special action of the case against the proper persons of said Trustees and their goods and estate, for such negligence or misconduct, and recover adequate damages therefor : and any sum, so recov- ered, shall be for the benefit of said fund, and shall be paid ac- cordingly.
SEC. 9. Be it further enacted, that Joshua Chandler, Esquire, be, and he is hereby, authorized to appoint the time and place of the first meeting of said Trustees, and to notify them accordingly : and said meetings, after the first, shall be called in such a way and manner as the said Trustees shall direct.
At the time of incorporating these Trustees there were, ac- cording to a committee's report, six pieces of land, making in all over ninety-eight acres. This landed property was soon sold, and the fund arising from the sale was yearly, till 1833, in- creased by one-sixth of the income from it. In that year the Parish obtained an act from the Legislature authorizing the use of the whole income for the support of the gospel. When the West Parish was formed, in 1827, the income of the fund was divided between the Parishes, the West Parish receiving three- eighths. The whole amount of the fund at the present time, 1859, is $16,627.26.
The successive Members and Treasurers of the Board of Trustees of this fund, with the dates of their election and of their resignation or decease, are given in the following tables.
MEMBERS.
Samuel Farrar,
March 12, 1810,
March 19, 1812. Res.
Joshua Chandler,
March 12, 1810,
Dec.
Benjamin Jenkins,
March 12, 1810,
Sept. 12, 1834. Deč.
Daniel Cummings,
March 12, 1810,
March 8, 1827. Res.
,
40
HISTORICAL SKETCHES.
Jacob Osgood,
March 12, 1810,
March 4, 1813. Res.
David Abbot,
March 12, 1810,
March 4, 1813 Res.
Simcon Furbush,
March 12, 1810,
March 9, 1815. Res.
Amos Blanchard,
March 19, 1812,
August 17, 1847. Dec.
Peter French,
March 22, 1813,
May 26, 1831. March 5, 1818. Res.
William Bailey,
April 6, 1815,
April 23, 1827. Res.
Solomon Ilolt,
March 5, 1818,
April 23, 1827.
Res.
Joseph Chandler,
March 5, 1818,
April 23, 1827. Res.
Job Abbot,
March 8, 1827,
March 8, 1855.
Res.
Amos Abbott,
April 23, 1827.
Asa Abbot,
April 23, 1827,
Oct. 4, 1847. Res.
Samuel Merrill,
April 23, 1827,
March 10, 1836.
Res.
Thomas C. Foster,
March 10, 1836.
Joshua Ballard,
March 10, 1836,
Oct. 4, 1847.
Res.
James Abbot,
August 29, 1838,
March 8, 1855. Res.
Joseph Rice, John Abbot,
Oct. 4, 1847.
Edward Taylor,
Oct. 4, 1847.
Nathan B. Abbott,
March 26, 1855.
Hartwell B. Abbot,
March 26, 1855.
Nathaniel Swift,
March 10, 1853.
-
TREASURERS.
Samuel Farrar,
1810-1812.
Amos Blanchard,
1812-1832, 1844-1847.
Amos Abbott,
1832-1843.
Edward Taylor,
1847-1859.
Dec.
Moses Bailey,
March 22, 1813,
Oct. 4, 1847,
March 10, 1859. Res.
Besides this ministerial fund, and divided to the Parishes, so that the South Parish receives two-thirds, is the fund for the poor, arising from the legacy of Rev. S. Phillips, of £100, and from the gift, March 18, 1812, by Samuel Abbot, Esq., of $500. This fund yields yearly $50, and is distributed in January of each year by the minister and deacons of cach Parish.
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SUPPORT OF THE MINISTRY.
IV. SUPPORT OF THE MINISTRY.
For a few months after the employment of a minister he was supported by voluntary contribution. "Nov. 20, 1710, voted and passed, that the precinct would raise sixty pounds for to pay a minister for the year ensuing, or else one-third part of our country tax instead of the sixty pounds, and to pay it quarterly." On the choice of Mr. Phillips as settled minister a month later, it was voted to pay him " sixty pounds in money a year while he carries on the work of the ministry among us in an unmarried state, and when he shall see reason to marry, then to add to his salary ten pounds a year." The Parish pledged itself besides " to build and maintain the parsonage houses, and make good and sufficient fence upon the parsonage land, and the minister is to maintain it as long as he improves it." In the event of Mr. Phillips's death, leaving a widow and children, the promise was made of fifty pounds and half the parsonage house for one year. When his death took place, however, this agreement was some- what modified, and the modification may not have been any real abatement from the generosity of the Parish. The widow was allowed the use of the lands and buildings for somewhat less than a year, "provided she entertain ministers and their horses . . .. and also that she eut the bushes well in the pasture and spend the hay on the place." It is added, " She manifested her accep- tance of said vote."
It will throw some light on the real value of this provision for Mr. P.'s support, as compared with salaries of the present time, if it is known that those persons who chose to work out their tax for the clearing of the parsonage land, were allowed " one shilling and six pence a day." Besides, then, the use of a large par- sonage house and farm, Mr. Phillips received money enough yearly to pay for 9333 days' work on a farm.
4*
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HISTORICAL SKETCHES.
Twenty pounds were added to his salary in 1719 and 1720, "because bills of credit ran low." His salary was £80 in the years 1723-25. " Salary and contributions" in 1726 were £102 103. 1727-30 he received £100. By contribution, in 1731, he received £119 9s. He acknowledges the receipt, 1732-36, of £120; 1737, of £130, and 1738, of £140. The Parish voted him, 1740-42, £160, 1743-46, £200, 1747, £220, 1748, £300, 1749, £400. These sums were in what was called "old Tenor," and were not equivalent to " lawful money." From 1750 to his death he received £70 lawful money, except in 1764, when he received £76.
In his Election Sermon, preached in 1750, Mr. Phillips sug- gests, as "a tender point " to the "honoured Fathers " of the Commonwealth, that "they consider at their leisure whether the generality of the people do not live in the sin of detaining from their ministers a part of their just due," adding, what is a rather doubtful compliment to his own people, "not that I am under suffering circumstances myself, having, through the mercy of God, some other small means." He understood the art of living in the world, for we read, " he was so economical as to blow out his candle when he began his evening prayer, and yet punetilious in distributing among the poor a full tenth of his income, of which he kept account." That "he kept ac- count" we have from many sources the fullest evidence. The Parish were almost annually made aware of his rigor and skill in this matter. He was accustomed to memorialize them on the subject of their arrearages, and several of these memorials are preserved among the Parish papers, written in the neatest and most beautiful hand, and punctilious to the jot and tittle. The following specimen may well be given here.
" To the Inhabitants of ye South Parish, in Andover, assembled, this 8th day of June, A. Dom. 1762.
" BELOVED BRETHREN : - With respect to ye Business, weh, I per- ceive, you are now met together upon, I shall say, The Parish ean wit-
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SUPPORT OF THE MINISTRY.
ness for me, yt in years past I sent in one Memorial after another, frequently entreating that Justice might be done me with regard to my Salary. But yet they went on to Vote as they pleased, and so have bro't hemselves into Difficulty ; and I am exceeding Sorry for your Sakes, as well as for the Damage wet I have Sustained thereby.
" And Whereas, Brethren, you have, it Seems, at your Meeting in March last, without any Motion from me, made choice of a Committee to compute the Arrears of my Salary, and to make Report of ye same to you : - Which they having done at another Meeting, you then pro- ceeded to choose another Committee to lay ye Same before me, in order to see on What Terms I would Settle with ye Parish. And ac- eordingly the Gentlemen have been with me, and laid your Account before me; By weh it evidently appears, that after the Deduction is made of ye Sum, web you have in late years over-paid my Original Sal- ary, there Remains Due to me, viz. : in Old Ten', the sum of £3954 3s. 9d. 2q. I then Enquired of ye Committee Whether the sª Sum was to be looked upon as Exclusive of Interest ? The Answer was given in the Affirmative : I then Enquired whether any objection had been made in their Meeting, against the Whole, or any Part of the sa Computation ? The Answer given was, that they knew not of any.
" So then, it appears, Brethren, from your own Proceedings, that you do, in effect, acknowledge, that the said Sum is justly and honestly my Due, and I might reasonably expect that therefore you would willingly pay me the same.
" But, however, Seeing you are pleased to Enquire, On What Terms I will Settle with you ? I Reply, That provided you Now come to a peaceable Settlement of ye sd Principal, I consent, for Peace Sake, to foregoe the Interest of sª Sum, web I compute, after your Interest is taken out, to be £5300 (Errors Excepted) .- If you say, you don't look on this as any Favour: In Answer to it, let me Say, I am much Mistaken, if, in the Civil Law, Damages will not come into Considera- tion, Seeing I have not been Wanting, in years past, to put ye Parish in mind of fulfilling their Contract : - But, however, I can't but think if you will, as it becomes Christians, Reason ealmly upon the matter, and without any Byass upon your Minds, you will then judge, that ye Interest of ye Deficient parts of my Salary, is, in the Court of Con- seience, or by the natural Law of Equity, my Due, as well as the Deficient Parts themselves, because the Parish in general, tho' often
44
HISTORICAL SKETCHIES.
called upon, yet thro' their Neglect, has, as I conceive, had ye Im- provement of so much of my Property. You can't but know, that it had been much better for me, to have had my Salary paid me, from year to year, according to ye honest and true Intent of ye Contract, than to take it now wth Simple Interest, because then I might have Im- proved the Interest as well as the Principal.
" And now, Brethren, as to the Principal : If you will now Vote to continue my Salary at Seventy Pounds Lawfull money annually, dur- ing my Continuance in the Ministry among you, then I will abate on yt Consideration out of said sum (how short soever my Life may be) Seven hundred pounds in Old Tenor.
" And as to my Fire-wood, altho' I have all along looked upon it as properly belonging to the Parish to provide ye Same, because I de- clared my Expectation of, and Dependence upon it before my Settle- ment ; but was told yt there was no need of having a meeting about it, for the People would bring it Gratis ; and I was not so critical in yt Day as to insist on a Vote for it: But if you will now pass a vote to provide at the Parsonage House a Sufficiency of Fire-wood annually, during my Continuance in the Ministry among you, then, notwith- standing the aforesa encouragement, I will abate, on yt consideration, the Sum of Three hundred Pounds, in Old Ten".
" So then, there will remain, if you now Comply wth sª Proposals, the Sum of £2954 in O. T. And if you now vote me the sa Sum, or in case of my Decease, to be paid to my Heirs, I will oblige my- self and them to give you a full Discharge at the Payment of the Same : And this will Disable both me and them from Demanding any more of sª Arrearages in time to come.
"I am not ignorant, Brethren, of yo Ability of ye Parish to pay their just Debts; And therefore what I purpose to give as a free Donation out of s Principal, I think it most proper, and I hope you are of ye Same mind, that I give it to the Poorer Sort, viz. : to off-set ye whole or Some part of their Share in ye s" Arrears : - But as for Such who plead yt they are not in Debt on ye Account of ye sd Arrears, if they have anything material to offer, I think it proper that they make Ap- plication to the Parish, and not to me.
" And finally, my dear Brethren, If after all yt has been said, you do rather incline to Defer ye s" Settlement, and shall choose to go on Still in Love, as you have done of late, viz .: to allow me £ 70 lawfull
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SUPPORT OF THE MINISTRY.
money, and my Fire-wood annually, I Shall Submit to your Pleasure in that matter.
" And to conclude, Study, I beseech you, the things weh make for peace, and whereby one may Edifie another.
" W'eh is ye unfeigned Desire of your Friend and Scryt,
" S. PHILLIPS.
" Andover, Dated as above.
" P. Ser. If you have any Proposal to make, consistent with IIonour and Equity, I am willing to hear and consider it. Idem, S. P."
The Parish chose " to go on still in love" and " to defer the said settlement," for, after adjourning their meeting till the next spring, they simply ehose a committee " to reckon up the over- plus that hath been paid to the Rev. Mr. Samuel Phillips over and above his stated salary, and to take a receipt of him for the same." But justice came at last, though tardily indeed, for fifteen days before his death he dictated the following letter.
" To the South Parish in Andover, convened this 21st day of May, Anno Dom. 1771.
"MY DEAR BRETHREN : - I am informed by your Committee that you have this day voted to pay me the sum of four hundred and ten pounds, seven shillings and ten pence, two farthings, as in full the arrears of my Salary due to me in the former years of my Ministry among you. I thank you for this fresh instance of your regard to me : And as a token of my gratitude, I consent that the sum of one hun- dred pounds, lawful money, be abated of said sum, to be improved for such purpo-es as the Parish shall please to direct.
" And now, heartily entreating your prayers for me, " I remain, Brethren, your afflicted Friend and Servt, " SAMUEL PHILLIPS."
The salary offered to Mr. French at his settlement was £80, to be paid semi-annually. £100 and half of a year's produce from the parsonage farm was paid within four months "as a settlement." The Parish were to find him "a constant supply
46
HISTORICAL SKETCHES.
of firewood, to be delivered at the parsonage house." Mr. Quincy tells the following anecdote concerning this firewood : One winter " they had neglected to furnish it. Experience had taught Mr. French that a direct complaint of such neglect was not always well received, nor always brought a ready compli- ance. He waited, therefore, until the proclamation for Thanks- giving came, and, after reading it to the congregation, he said, with great apparent simplicity, 'My brethren, you perceive that his Excelleney has appointed next Thursday as the day of Thanksgiving : and, according to custom, it is my purpose to prepare two discourses for that occasion, provided I can write them WITHOUT a FIRE.' The hint took effect, and before twelve o'clock on the succeeding Monday his whole winter's wood was in his wood-yard."
During the years of the War of Independence, as might be supposed, the payment of Mr. French's salary became difficult. The following letter, though long, has both an historical and a biographical value, separate from the matter to which it spe- cially refers.
" To the South Parish in Andover, now assembled in a Parish Meeting.
" GENTLEMEN : - As you have now under consideration the matter relating to my salary for the year past, I beg leave to lay before you what I have to offer upon this affair in writing, for the following reasons :
" 1. That there may no mistake or dispute arise about what I shall say.
" 2. That I may leave it with you for your perusal in the present meeting, if you desire it.
" 3. That what I shall offer may not be forgotten.
" In order to express my sentiments clearly and fully upon this occasion, I would revert back to the true intent and design of the original contract between us, so far as it relates to the money part, which is all that is to be considered. The other parts remain just as they were when the contract was made. When the sum specified in the contract was proposed for my annual support, I took the matter
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