USA > Massachusetts > Suffolk County > Boston > History of the Old South church (Third church) Boston, 1669-1884, Vol. II > Part 32
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But now suppose the Person forfeiting his Pew, to be a Church Member. Conformably to the expressed design of the original donor, and to the Principles on which the Church has acted from its founda- tion to the present time, he is considered as still retaining his com- mon privilege as one of the Proprietors of the Meeting House and soil, with the right to vote both in the temporal and spiritual concerns of said society. This is the peculiar privilege of Church Membership, which cannot be taken away. Viewing these facts collectively, is it not abundantly evident that the mere proprietorship in a Pew or Pews, is dis- tinct from proprietorship in the Meeting House with the soil, and does not imply it ?
Another circumstance deserves notice. It is, that though when the late Deeds were given, it is mentioned in them that the taxes on the Pews should be laid after the calling a meeting of the Proprietors, yet, according to the constant practice of the Society, even since these Deeds have been Introduced, no Proprietor as such, has been required to pay a single tax. There is in fact an express Vote of the society, engaging that the owners of the Pews assigned by these Deeds, for monies loaned for the repair` of the Meeting House, should not be held to pay for the support of the Minister. The occupants pay the whole of the taxes, being sometimes Members of the Congregation only, that is, neither Church Members nor Proprietors of Pews. Taxation and legislation, - the making of Laws and the obligation to obey them, usually go together. On this principle, it is presumed that the Mem- bers of the Congregation, paying taxes on the Pews, have always been allowed to act in the temporal affairs of the Society, and have a right so to do : Whereas, the proposed plan, which seems to contemplate the direction of the temporal affairs of the society by Proprietors of Pews, not only excludes Church Members but Members of the Con- gregation also, and the Constant Contributors to the Worship however considerable the amount, unless they are owners of Pews ; which cir-
293
THE RIGHTS OF THE CHURCH.
cumstance is made the only requisite, and bestowing the only right to any agency in these concerns.
In a discussion of the subject in November 1803, it was advanced as a principle that the Church Members had no right, by a Vote of their own body, to open the Meeting House for a weekly Lecture, without the concurrent Vote or consent of the Proprietors of Pews. If not for a weekly Lecture, it follows they have no right to open the House for a Monthly sacramental Lecture, or for a Lecture on the Sabbath Evening, or any other occasional religious service. As the number of the Pro- prietors of Pews is commonly much greater than the number of Church Members, on this principle, the privilege of the Church may be totally lost ; and eventually the Members may be denied all use of the Meet- ing House, unless obtained by permission. What is a Church when reduced to such a Condition ?
The proprietorship of Pews extends, by the Deeds, to Heirs. Ad- mitting the views of the present Proprietors to be perfectly virtuous and Good, it must however be supposed it is uncertain what may be the views or principles of their descendants and Heirs. The manage- ment of the most interesting concerns of the Church and Society, may consequently, at some future time, be in the hands of uncertain Persons, and beyond any means of control. On the other part, Church Members are introduced, not by natural descent ; but by strict examination into their religious characters ; - are admitted into the Church by a public and careful Vote, and continued in their relation as Church Members on the express condition of their continuing in Obedience to the Gospel, and of acting in a manner becoming the pro- fessed disciples of Jesus Christ. Christianity therefore furnishes the Means of security for their doing well ; and consequently they are the proper Persons to hold what belongs to a Christian Society, and man- age its principal concerns.
Such were the views of the original donor of the Church Land : Such the spirit of all the votes of the Church hitherto ; in which, it is presumed, there is a conformity to the design of the Redeemer and Great Head of the Church universal in its establishment on earth, as his own body, which he has called out of the World -for which he is jealous, having chosen it for his own praise.
Pews are often owned by Females. Are they on the proposed Plan, entitled to Vote by representatives and agents, or are they not? Va- rious Gentlemen own 2 or 3 Pews each. - Are they entitled to 2 or 3 Votes? In incorporations where property is held by Shares, this is commonly the case.
Is a Person who owns a Pew in the Gallery which was assigned him for Twenty dollars, to be entitled, on the proposed plan, to an equal vote with a Person who owns a Pew below, for which he gave an hun- dred dollars ; or is the reverse of this to be made the rule ?
294
HISTORY OF THE OLD SOUTH CHURCH.
On the whole, the proposed Plan, requires much serious deliberation. If the operation will be that of an essential revolution of the whole affairs of the Church, the sudden adoption of any new measure, may be attended with the most unhappy effects. The society, till of late, has proceeded with much harmony ; and the members of the Congre- gation have been completely satisfied with the Share they have had in the Management of its temporal concerns.
Deeds of Estate and Wills, when they only embrace the Interests of individuals, are usually considered beyond the reach of Personal or even Legislative interference : and if through any mistake or accident, the property happens to be transferred from the rightful owners, the business is liable to a revision. In how much more sacred a light should those Deeds and Wills be contemplated, which embrace the important interests of the Church of Christ?
The foregoing remarks are drawn up by one who wishes well to the whole society : and they are candidly offered to the consideration of any member of the Church or Congregation, who may be willing to peruse them.1
J. ECKLEY.
BOSTON Feby 1804.
N. B. The Deed of any house or land for which the money is paid, is in its nature, unconditional. What is called the Deed or instrument conveying a Pew, is conditional. It might perhaps, with as much pro- priety, be called a Lease - held indeed by heirs without limit of time, but still conditional, and consequently liable to forfeiture. Altho', from the stile used in the Deeds of the Pews, there is the appearance of the Purchasers of the Pews being considered as the Proprietors of Pews, yet this is, only in a limited sense. Proprietorship generally sup- poses an unconditional possession, or a title to an Estate in fee simple. But such title is absolutely denyed by the very circumstance of the Pews being granted conditionally only. Properly speaking, the Proprietors of the Pews are those who own the whole Estate in fee simple, viz, the mem- bers of the Church, who may be considered as Landlords ; and the Purchasers of Pews as Tenants, on the conditions for which they have stipulated. The instrument by which the Pews are conveyed is a perpetual Lease, conditionally.
Note. - the Rev : Mr. Prince gave his Library with the Collection of Maps and Manuscripts to the Church. In March 1761 the Church
1 [Dr. George E. Ellis, to whom we have showed this paper, speaks of it as an " able and fair statement of the orig- inal and perpetuated landed rights of the covenanted members of the South Church to the real estate given by Mrs. Norton ; " and he says further : " Every- thing is clear within those terms. And the Church seems carefully and satisfac-
torily to have limited and qualified the conditional rights which it gave to Pro- prietors of Pews - as not reaching down to the soil. No issue seems to have arisen as to any right or claim of Pro- prietors to have part in the choice of a minister, or on deciding on his mainte- nance." The questions involved in the Dedham case were somewhat different.]
295
TUESDAY EVENING SERVICES.
voted to comply with the conditions of the Gift, and that the said books should be kept in the steeple chamber of the Church, being its own.
See also Mr. Dabneys letter 1770, directed to the Church and con- taining an application respecting the old ministerial house, on which spot, the building having since been taken Down, the New Stores are erected.
"On the 13th of March, 1804, a meeting was held, with the approbation of the pastor, of eight brethren of the church and congregation, who unanimously voted to ' form themselves into a society for religious improvement.' At their next meeting, on the 29th of the same month, they adopted certain regulations for the government of the society ; of which the third was in the following words, 'That the Rev. Dr. Joseph Eckley be in- vited to attend and preside in the society, at such stated meet- ings as shall be convenient for him ; and that he be requested to preach, pray or converse on such religious subjects as to him shall appear most proper, and to invite such other gentlemen of the clergy, as he shall see fit, for said purposes.' With this request Dr. Eckley cheerfully complied. And thus began the Tuesday evening meeting ; at which, at first, there was but one brother of the church, who felt sufficient confidence to lead in prayer ; and which, for a time, encountered reproaches and opposition which, to us at the present day, seem almost in- credible, but which was well attended, and made a blessing from the beginning ; and has lived and flourished till now ; having, long since, silently overcome every prejudice, and been the parent of various other occasional meetings and special efforts for doing good; and, directly and indirectly, exerted a most powerful influence in preserving and promoting the love of truth and piety in this congregation." 1
Sabbath Day 13 January 1805.
A letter was communicated from the Church in Brattle Street, re- questing the presence and assistance of this Church by its Pastor and other Delegates at the Ordination of the Rev : Joseph Stephens Buck- minster on the last Wednesday of the current month, as successor in the pastoral office to the Rev : Dr. Peter Thacher deceased.
The Deacons, Mr. William Homes and Mr. Jeremiah Bumstead were chosen to attend, with the Pastor, on the occasion.
JOSEPH ECKLEY.
Mr. Buckminster was a son of the Rev. Dr. Buckminster, of
1 Wisner's History (1830), pp. 47, 48.
296
HISTORY OF THE OLD SOUTH CHURCH.
Portsmouth, New Hampshire, and a descendant of the Rev. Joseph Stevens, of Charlestown.1 He graduated at Harvard College in the same class as Loammi Baldwin, Joshua Bates, Charles Lowell, and Lemuel Shaw. Coming under the influence of the Rev. James Freeman, of the Chapel, he modified his views on the doctrine of the Trinity, much to the grief of his father, who urged him (almost with success) to abandon his pur- pose to enter the ministry. His father was very unwilling also that he should accept so important a charge as the Church in Brattle Street, and especially as the successor of a man of Dr. Thacher's ability and eminence. He was only twenty-one years of age, and he already had a disease upon him which carried him to an early grave. His people, however, had no reason to regret their choice. His venerable father, after much hesita- tion, consented to preach the ordination sermon, and took for his text, Titus ii. 15 : " Let no man despise thee." Dr. Lathrop and Dr. Morse offered prayer, and Mr. Emerson gave the right hand of fellowship.2
Boston April 4. 1805.
At a meeting of the Church and Congregation of the South Society, Hon. Thomas Dawes, Moderator, John Winslow Clerk.
The Yearly Committee reported by their chairman as follows -
" The Committee of the Old South Church and Congregation beg leave to report to said Society, that the whole expence of said society was the last year for singing &c. Two hundred and twenty nine Dollars eighteen cents, all of which is discharged and paid excepting the Sum of ninety Dollars for the last six months ; they would also observe that they received from the Deacons the minutes of ballances due on the Pews, at the end of the last year, the Amount of which was three hundred and forty one Dollars 89 Cents, out of which there has been paid fifty seven Dollars 42 Cents which still leaves a ballance due the Society from said Pews two hundred eighty four Dollars 47 Cents, all which is duely submitted to said Society for their Consideration."
Voted, the Report of the Committee be accepted, and the Treasurer be directed to pay the sum of Ninety Dollars to discharge the same.
Some of the Committee then observed, that was not the whole of their report. It was then requested, the whole report might be read. The part left out was as follows -
1 See ante, vol. i. pp. 368, 407.
2 " The address of the Preacher to his Reverend Fathers and Brethren in the Ministry, was eloquent, respectful and serious. In his addresses to the pastor- elect, who is his son, and to the society over which he was then to be ordained,
he was affectionate and pathetic. Per- haps centuries may roll away without producing a scene so tender and truly interesting. It was the voice of nature, heightened and purified by the holy re- ligion of Jesus." - Col. Centinel, Feb- ruary 2, 1805.
297
PARISH BUSINESS.
"N. B. Your Committee would observe, that in their opinion, the Interest of the Society requires that the Windows of the meeting House should be puttied and painted, as they suffer for want thereof. They would also recommend that the brick paving be continued from the South west Corner of said House down Milk Street to the end of the Society's bounds."
Voted, That Samuel Salisbury, Benjamin Clarke, Joseph Pierce and John Winslow Esqs. be a Committee to examine the Treasurers Ac- counts and report at the Adjournment of this meeting.
Voted, We now proceed to the Choice of a Yearly Committee.
Voted, Deacons Salisbury and Phillips be a Committee to count and sort the votes ; 32 being the whole number, William Homes had 31, N. Somes 32, Abraham Wild 31, William Whitwell 18, William Thurs- ton 17. Messrs Somes, Wild and Whitwell wished to be excused from serving and were excused accordingly.
Voted, The Deacons be a Committee to inquire what was the high- est sum given by any of the Societys in this Town to their Revd Pastors weekly.
They requested to be excused from this duty and were excused.
Voted, This meeting be adjourned to Tuesday the 16th Inst then to meet in this House at 3 O'Clock PM.
Tuesday April 16 meet according to adjournment The Moderator took his seat, and opened the meeting by mentioning that he had been informed to his satisfaction that many of the Revd Clergy re- ceived weekly more pay than what was given to the Rev. Dr. Eckley, and introduced the following
Vote, That the Treasurer of this Society be, and he is hereby au- thorized and impowered, to pay to the Rev. Dr. Eckley, Six hundred and eighteen Dollars and 33 cents, which with Seven hundred and Six Dollars, sixty seven Cents he has already received, making Thirteen Hundred and twenty five Dollars, being equal to Twenty five Dollars p Sabbath from Dec. 31. 1803 to Dec 31. 1804 inclusive, and is also exclusive of house rent and firewood ; and if the said Treasurer has not monies on hand sufficient for said purpose, he is also authorized and impowered to borrow the same, which was unanimously Voted.
It was moved and seconded that the proceedings at the last meet- ing, vizt. on the 4th Inst. as it respects choosing the Annual Committee be reconsidered.
Voted, That the procedings of the last meeting respecting the choice of the Annual Committee be and the same is reconsidered - by a very large Majority.
Voted, We proceed to the choice of an annual Committee at this time for the insuing year.
Voted, That there be nine on this Committee, five of the Church and four of the Congregation.
298
HISTORY OF THE OLD SOUTH CHURCH.
Voted, That Deacons Salisbury, Phillips and William Scollay be a Committee to count and sort the Votes. Fifty five being the whole number present, twenty eight making a choice. Deacons Salisbury, Phillips, Mr. Nehemiah Somes, Joseph Peirce, Samuel Coverly, John Winslow, Abraham Wild, Andrew Oliver and William Scollay were declared chosen the Committee for the present year, each having forty four Votes. [William Homes and William Thurston chosen at the meeting of April 4. were now dropped.]
On a Motion made and seconded, it was Voted, That this meeting be dissolved, and it was dissolved accordingly.
Attest
JNO. WINSLOW Clk.
William Homes and William Thurston, who had been chosen members of the standing committee a few days before, and who were now dropped, strongly supported the views of the minority in the controversy respecting the management of the Old South property of which we have spoken, and which we must keep in mind as we read the proceedings of the church and congregation at this period.
Lords Day 12 May 1805
A communication was made from the Church of Christ at Windsor in the State of Vermont, soliciting the presence and assistance of the Old South Church by its Pastor and other delegates at the ordination of the Rev : Mr. Fowler on the 23 day of this month. The Pastor and Deacon Samuel Salisbury were chosen to attend.
JOSEPH ECKLEY.
Mr. Bancroft Fowler was born at Pittsfield in 1775, graduated at Yale College in 1796, and studied theology with Dr. Backus and Dr. Emmons.
We have an anticipation of Anniversary Week in the follow- ing announcement in the Columbian Centinel, Wednesday, May 29, 1805 : --
Election week is usually devoted to political, literary, pious and charitable purposes. This day at noon, the election Sermon will be delivered at the Old South [by the Rev. John Allyn of Duxbury]. Tomorrow will be the anniversary meeting of the Massachusetts Con- gregational Society, when a Sermon will be delivered in Brattle Street by the Rev. Mr. Sanger of Bridgewater. On Friday the Massachu- setts Charitable Fire Society will elect their officers ; after which an address will be delivered in the Chapel Church by Peter Thacher Esq. On Monday the Ancient and Honourable Artillery Company hold their Annual Election of officers. The Sermon will be delivered in the Old Brick Meeting House by the Rev. Mr. Harris of Dor- chester.
299
INCORPORATION PROPOSED.
On Thursday, May 30, the Society for the Propagation of the Gospel among the Indians, and the Board of Commissioners of the Society in Scotland for Promoting Christian Knowledge, held their annual meetings. Deacon Phillips, Dr. Eckley, and Dr. Morse were on both boards.
At a Meeting of the Proprietors of the Old South Church and Con- gregation in Marlborough Street on the 22d day of June 1805,
The Hon. Thomas Dawes was chosen Moderator for the Year ensuing.
General John Winslow was chosen Clerk for the year ensuing.
A motion was made and seconded, that they take into consideration the repairs necessary to be done on and about the Meeting House.
Voted, The Standing Committee for the year be directed to make the necessary repairs, such as repairing the windows, having them new puttied and painted, also to continue the Brick paving from the south west corner of the meeting House down Milk Street to the end of the Society's lands and such other repairs as they in their Judg- ments may think necessary.
Voted, That the Hon. Thomas Dawes, Benjamin Whitman, William Phillips, Samuel Salisbury and John Winslow Esqrs be a Committee to petition the General Court at their next sessions for an Act of In- corporation.
Voted, The Standing Committee be directed to continue the singing as usual till further orders.
Voted, That this meeting be adjourned to such time as the Stand- ing Committee shall see cause to call them together again.
Att. JNO. WINSLOW Clk.
44 members present at this meeting.
It will be observed that the proposition to apply to the Legis- lature for an act of incorporation originated with the church and congregation, or, according to the record, with "the pro- prietors of the Old South Church and Congregation." We find no evidence that the committee of which Mr. Dawes was chairman ever proceeded under the authority given to it, and on the settlement of the misunderstanding between certain church members and the proprietors of pews in 1807, the pro- posal for incorporating the Society was given up.1
At a Meeting of the Proprietors of the Old South Church and Con- gregation in Marlborough Street on 2d August 1805,
1 Mr. David Pulsifer, who made the search at the State House at our request reports : " I have examined the Jour- nals, Records and Printed Laws, but am
unable to find any reference to the peti- tion, if one was ever presented, asking for an Act of Incorporation of the Old South Church."
300
HISTORY OF THE OLD SOUTH CHURCH.
Hon. Thomas Dawes in the Chair.
The Committee report they have made an estimate of the expence of painting and whitewashing the inside of said House, which they suppose will amount to five or six hundred Dollars.
A motion made and seconded that the Committee be directed to proceed and have the House painted and whitewashed.
Voted, That the Committee proceed to have the part of the House which has been painted heretofore immediately new done, and the same white washed.
Voted, That the Treasurer of the Society be and he is hereby au- thorized to borrow such sum or sums of money as the Committee shall call for, for painting and white washing the inside of the meet- ing House, and for discharging the bills for the paving round said House and painting the Windows and Sashes &c. &c.
Voted, The Committee be requested to provide a place for publick worship during the repairs.
Voted, That the Committee be directed to bring forward the Pews in the West Gallery, and remove the Seats into the rear where the pews now are.
Voted, That this meeting when it is adjourned, be adjourned to such time as the Standing Committee shall see cause to call them to- geather again.
3ยบ members present at this Meeting.
Att. JNO. WINSLOW Clerk.
At a Meeting of the Proprietors of the South Church and Congre- gation in Marlborough Street, on the 20. Septr 1805,
The Standing Committee for the Year who were directed at a pro- prietors meeting the 22d of June last, to make the Necessary repairs, on and about the Old South meeting House in Marlborough Street, beg leave to report they have attended that service, and agreeable to a Vote of said proprietors passed Aug. 2d. directing the Treasurer to borrow the Moneys necessary to discharge said bills of repairs, the following bills have been paid vizt.
[We omit the particulars. The total expenditure was $1697.79]
Voted, The report of the Committee be accepted.
Voted, The thanks of the Society be presented to the Committee for their care and attention, in overseeing the repairs and examining and discharging the bills for the same.
Voted, That the Treasurer be and he is hereby directed, to repay the monies borrowed for the repairs out of the first monies that may come into his hands.
Voted, That the Standing Committee be authorized and impower'd to lease the five Stores and land belonging to the Society, at the ex- piration of the present lease, making the rent payable to the Treasurer, and taking good and sufficient Bonds for the same.
301
THE MISSIONARY MOTIVE.
N. B. This vote pass'd unanimous except Mr. Tyler and Josiah Bumstead.
On motion made by Mr. Tyler, and seconded by Josiah Bumstead, That the Deacons of the Old South Church be appointed a Committee to lease the Stores belonging to them for the year following, beginning January next, till the right of the Church in managing said property be ascertained ; Also, the following, That the Deacons of the Old South Church be a Committee to lease the Stores belonging to the South Society till the rights of said Church in managing said property be ascertained.
A motion was made and seconded whether those motions be past.
Voted, Unanimously that they are improper motions and ought not to be put.
Voted, That this meeting when it is adjourned, be adjourned to such time as the standing Committee shall see cause to call them together again.
Attest, JNO. WINSLOW Clk.
25 members present at this meeting.
Dr. Eckley preached a sermon before the Society for the Propagation of the Gospel, in the Brattle Street meeting-house, November 5,1 from Col. i. 20 : " And having made peace through the blood of his cross, by him to reconcile all things unto himself ; by him, I say, whether they be things in earth, or things in heaven." The great missionary motive is shown in this discourse to be, the glory of Christ in connection with the final triumph of his kingdom. The preacher dwells, first, on the reconciliation spoken of by the Apostle, and, then, of its effects. He makes no reference to the destiny of the heathen who die without an opportunity of hearing the gospel, but touches incidentally upon the question of perpetual punishment, in his anticipation of the far-off future.
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