USA > Massachusetts > Berkshire County > Pittsfield > Pittsfield, Mass., church and other records from manuscripts copied by Rollin Hillyer Cooke, Vol. II > Part 6
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forward the evidence to substantiate it. Mr. Jennings then closed P.34 -the defence by commenting upon the testimony & Mr.Martin fol- lowed on the part of the church.
Here the public hearing closed & the church was left alone to deliberate & decide.
After a patient solemn & prayerful disruption the vote was taken on the question- Whether Mr. Foot was guilty or not guil- ty - upon the testimony- of an attempt to defraud Mr. Pomer oy of the amount of the two factory bills & it was decided in the affirmative; years thirty two, nays seventeen .
Voted- that the Rev. Mr . Humphrey notify Mr. Foot of the result of this meeting & cite him to appear before the church at their adjourned meeting as below .
Voted- that this meeting stand adjourned to Friday of next week to be holden in the Lecture room at one o'clock P.M. Attest Heman Humphrey, Pastor .
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RECORDS OF FIRST CONG . CHURCH , PITTSFIELD . VOL. 11.
Pittsfield , March 13,1822.
Mr. Daniel Foot . Sir .
It has become my painful duty, in compliance with a vote of the church of which you are a member , to acquaint you with their decision upon the complaint of Mr. Josiah Bissell which was formally tried in your hearing yesterday. After a patient , solemn & prayerful discussion, the vote was taken, on the ques- tion. "Is Mr. Foot guilty or not guilty, upon the testimony of an attempt to defraud Mr. Pomeroy of the amount of the two Fac- tory Bills before mentioned? " & it was decided in the affirma- tive, yeas thirty two, nays seventeen. In consequence of this re- sult , I am directed by the church to cite you to appear before P.35-them at their adjourned meeting, which is to be holden in the Lecture room on Friday the 22nd inst. at one o'clock P.M. then & there to hear what future measures the church may think it their duty to take in this distressing business. With fervent prayer for your present & eternal happiness, I an your sincere friend . Heman Humphrey, Pastor of the Church.
A true copy.
March 20. Wednesday. The church met according to ad journment for the choice of Deacons.
Voted, to rescind the vote of Feb.26 respecting the choice of three Deacons.
Voted, that we will now proceed to the election of two Deacons by ballot. The ballot was accordingly taken & it appeared upon counting the votes, that the Brethren Vivus Osborn & Josiah Bissell were elected.
Voted- that the Deacons elect be requested to signify their ac . ceptance or non acceptance to the Pastor within two weeks from this meeting.
Voted, should they accept , to induct them into the office on the third Wednesday, the 16th of April, next & that this meeting be adjourned to that time.
Attest H. Humphrey , Pastor.
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March 22 The church met according to adjournment to attend further to the case of Mr. Daniel Foot. Mr. Foot appeared & the sentence of the church being read to him by the Scribe he was solemnly admonished by the Pastor to make a full confession of his guilt to the church, that he might obtain forgiveness of God & be restored to the charity of his brethren Mr. Foot persisted in declaring his innocence & moved for a new trail. But as it did not appear to the church upon inquiry, that he had any new testimony to offer which would go to vary the re- ault of the last meeting it was
Voted, that his request could not consistently be granted . Mr. Foot then petitioned the church to unite with him in calling a mutual Council to which the whole matter should be referred for judgment .
Whereupon the church took this request into consideration & Voted, 1. That although upon strict Congregational principles no church is amenable to any other ecclesiastical body, for its administrations & of course, no member can claim the right of appealing from its decisions; still as Mr. Daniel Foot feels dissatisfied with the late decision of the Church in his case c asks for a mutual Council we wish to grant him every indul- gence which is consistent with the maintenance of Gospel dis- cipline ; & we therefore hereby accede to his request.
Voted 2. That we will submit the whole matter of complaint against Mr.Foot & our decision thereupon to the decision of a Council, mutually chosen by him & us ;& in order to bring the whole business to a speedy & final issue, we the church on the one part,& I Daniel Foot on the other, do hereby solemnly engage to abide the result of sd Council, whether it shall confirm, or revise the late decision of the church in the case. And it is therefore mutually agreed, that this engagement be signed by the Pastor in behalf of the Church & by Mr. Foot for himself . It was signed accordingly .
Heman Humphrey. Daniel Foot.
Voted (Mr.Foot concurring) that a council of eight be called & that it consist of Dr.Hyde , of Lee. Mr. Field, of Stockbridge
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1822
Mr. Churchill, of N.Lebanon, & Mr. Dwight , of Richmond, with their Delegates
Voted, that the sd Council be requested to convene at the house of Capt . David Campbell in Pittsfield, on Tuesday the 9th day of April next, at eleven o'clock A.M.
Voted, that the Pastor & Mr. Martin be a committee to prepare & forward the letters missive to the proposed council.
Voted, that Josiah Bissell, Vivus Osborn, Jared Ingersoll Jr. Joseph Merrick & Calvin Martin be a committee to manage the cause in behalf of the Church before the Council.
Voted, that H.C.Brown , Doct. Childs & S. D. Colt , be a committee to make suitable provision for the accommodation of the Council. Voted that this meeting be adjourned sine die.
Attest Heman Humphrey , Pastor.
Pittsfield April 9,1822
At a mutual ecclesiastical council, covened at eleven o'clock this day, by letters from the church in Pittsfield at the house of Cap t. David Campbell to at tend to difficulties which had arisen in the Church-
Present
Rev. Alvan Hyde D.D. ) from the church in Lee Dea. David Ingersoll) 11 Rev. Silas Churchill 1
Dea. Abraham Steward 1
from the church in New Lebanon
Rev. David D.Field Rev. E. W . Dwight ) Dea. Noah Rossiter )
from the church in Stockbridge
from the church in Richmond
Doct. Hyde was chosen Moderator, Mr. Dwight Scribe, P.38-& Mr.Field assistant scribe.
The Council being organized, adjourned to the Lecture room where the public hearing of the case submitted to them was opened with prayer by the Moderator. A complaitn was exhibited against Mr. Daniel Foot , a member of the church signed by Josiah Bissell, also a member of the church purporting that Mr. Foot had made irregular & fraudulent endor sements upon two certain Factory Bills due from him to Mr. Lemuel Pomeroy. It appeared that after pursuing the course prescribed in the 18th Chapter of Matt. the complaint had been
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1822
presented to the church & upon the question Mr. Foot guilty or not guilty a vote was given in the affirmative yeas thirty two nays seventeen. By mutual consent of the parties the case was now submitted to the council for their final decision . After deliberating upon the expediency of entering into an in- vestigation of the subject the Council decided that in their view they were called in Providence to hear & judge in the case submitted with the hope that their result might be such as to promote the peace of the church & the benefit of all who were concerned. The council then gave their careful attention to the testimony for & against the accused & heard also the Council em- ployed by the parties. At ten o'clock in evening adjourned to meet on Wednesday morning at six o'clock .
Wednesday morning met according to adjournment to deliber- ate uron the testimony & form a result. After prayer the Coun- cil entered into a very particular & careful examination of the testimony exhibited. In judging of the testimony we have recurred to the law of evidence as stated in the holy Scripture From P.39- Deut.19-15. Ist Cor. 13-1-2 & other passages it appears to us that the general law of evidence declared throughout the holy Scriptures, requires that to convict a man of a crime there must be the testimony of two or three witnesses against him. This we call the general law of evidence because we do not wish this time to discuss the question whether the case mentioned Deut 22 Chap. 25 to the 27 verses be an exception to this law or not , expressly made by God himself. We think it however important to say, that the above law in our opinion does not require that the two or three witnesses spoken of should be eye witnesses of the identical crime charged. They may be or they may be witnesses of the facts & circumstances which imply the existence of the crime. Nor does the law require that these witnesses should all of the, unitedly testify either to the crime charged or to any one fact or circunstances connected with it. But one witness may testify to the crime, & another to a connected fact or circum- stance; & the ir testimony will all go to support the charge. To apply this law with these remarks to the case before us it does appear to us, although there is but one witness testifying
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1822
directly to the crime charged against Mr. Foot , that the declara- tion of this witness are so suprorted by his books & the testi- mony of other men, to facts & circumstances connected with the transaction that we have here the amount of testimony required in the word of God.
We have therefore acting as we trust in the fear of God come P.40-to the conclusion in which we are unanimous , that Mr. Foot is guilty of the crime charged against him in the complaint brought before us.
And now dear Brethren we beseech you by the name of our Lord Jesus Christ, that je all speak the same thing & that there be no di- visions among you but that ye be perfectly joined together in the same mind & in the same judgement .
Passed as the result of the Council.
Alan Hyde , Moderator .
Attest E.W.Dwight ) Scribes of the Council.
David D.Field )
A true copy Attest -Heman Humohrey Pastor of the Church in Pittsfield.
Upon the above result the following citation was sent to Mr. Foot Pittsfield April 16,1822.
Mr. Daniel Foot, Sir, You are hereby info med that the Church have agreed to act further upon your case on Wednesday the 17th inst & you are cited to appear before them on that day in the Meeting house at eleven o'clock in the forenoon, to hear the re- sult of Council & the admonition of the Church thereupon-al so to make confession of the fault of which you have been convicted that you may obtain forgiveness of Cod, & be restored to the charity of your brethren.
Praying that you may have grace to act as in the presence of your final Judge, I am your sincere, well wisher Heman Humphrey, Pastor of the Church .
P.41-
A true copy Attest - H. Humphrey.
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RECORDS OF FIRST CONG . CHURCH, PITTSFIELD. VOL. 11.
1822
April 17. At a meeting of the Church, the result of the Coun- cil mutually chosen by this church & Mr. Daniel Foot was read; w he re u po n
Voted, that as the Council have affirmed the sentence of the church against Mr. Foot by unanimously declaring that ir the ir opinion he is guilty of the crime charged in the complaint , he be solemnly & affectionately admonished the following terms. Brother Daniel Foot ,
It is with the most painful & compassionate motives that we find ourselves constrained by an imperious sense of duty to admonish you before God & the Lord Jesus Christ who will judge us all at his appearing. You have been charged with a heinous offence ; with a deliberate attempt to defraud one who is now abrother as stated in the complaint which was brought before us on the 26 th day of last Feb. We need not dwell upon the trial which followed the complaint. Suffice it to say that after a long public hearing in which every indulgence was gran- ted you, you was ad judged guilty by the Church. From this de- cision you wished to appeal. You asked for a mutual Council & we granted it. In the selection of this Council your wishes were consulted & it was in a literal sense a mutual council. You named yo ir men & assented with apparent readiness to those whom our committee proposed. The Council met. You was permitted to say whatever you wished to say and to bring forward all the P.42-testimony you thought fit to repel the charge. The Council heard the whole cause with the greatest patience. They carefully went over the whole ground anew when they were by themselves,& the winding of their result with you have already been mmade ac- quainted, is in the following words.
" We have therefore, acting as we trust in the fear of God, come to the conclusion in which we are unanimous, that Mir. Foot is guilty of the crime charged against him in the complaint brought before us."
Such is the conviction under which you now lie; convicted by the church & convicted by the Council which was called at
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RECORDS OF FIRST CONG . CHURCH, PITTSFIELD. VOL. 11.
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1822
your instarce, not ours. But we cannot leave you as if there was no hope. Our bowels & mercies yearn over your grey hairs .We feel constrained by the most weighty considerations of duty & confes- sion, to make one more effort to bring you to repentance & con- fession. Now therefore we call upon you most earnest ly & impor- tunately as you regard the favour of God, the honour of his cause, the peace fo your own conscience & the salvation of your never dying soul, to make a full & speedy confession; to humble yourself before God & this church & ask that forgiveness which was never denied to the penitent. Think, 0 think how soon you will be before the judgement seat of Christ ; & what must be the tremendous consequences of appearing there with a lie in your right hand. llow would it relieve our aching hearts to be satis- fied of your penitence, & to receive you back into Christian charity.
And now what can we say more? We shall not cease to pray for you however you may regard this admonition; & should you refuse to hear us, should we in consequence be constrained to proceed to the last official act, & separate you from the visible house - hold of faith we pray Cod that this painful alternative may be blessed to the eternal good of your soul.
Once more we entreat, we conjure you to restore yourself by a full & hearty confession. He that covereth his sins shall not prosper ; but he that confesseth & forsaketh them shall find mer cy Signed in behalf & at the request of the Church. Heman Humphrey , Pastor.
Pittsfield , April 7,1822.
Voted that we will grant Mr. Foot the further indulgence of fif - teen days to reflect upon the foregoing admonition & make his peace with the church by confession; & that during that time unless he confesses he remain under the censure of the church. Voted that if Mr. Foot does not within the time specified in the last vote offer a satisfactory confession, he is hereby & with- out any further act on our part cut off or excommunicated from the church & that in such an event which we shall deeply de- plore, the Pastor is requested as soon thereafter as convenient, to make this sentence publicly known
٢
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1822
by reading all the proceedings of the present meeting from the desk-Voted to furnish Mr.Foot as soon as may be with a certified copy of the above admonition & votes together with the result of the mutual Council
Copies were sent to Mr.Foot accordingly.
May 5. Mr. Foot offered no confession or satisfaction to the Church the above proceedings were publicly read by me from the desk.
Attest- Heman Humphrey, Fastor.
P.44 Oct.10,1822. At a church meeting in the Lecture room, the fol- lowing report of the committee upon the application of Mr. James Hubbard was read & accepted.
" After a deliberate & painful attention to the subject & a par - ticular recurrence to the votes & doings of the church in the case your committee are not prepared to report any definite prop- osition to be acted upon nor have they indeed been able to come to a result differing in any material re spect from that which was exhibited by a former committee & which now stands on the Church records pp 22 & 23.
To that Report the present committee wish to direct the particu- lar attention of the church as containing satisfactory reasons why the request of Mr. Hubbard for a dismission into the world cannot be granted .
Signed, Vivus Osborn, Chairman of the Committee Voted to adjourn to the 17th inst.
Attest Heman Humphrey , Pastor .
Thursday Oct.17. The Church met according to adjournment.
Voted to accept the report of the committee in the case of Miss Lucy Montague in the following words, viz;
Whereas Miss Lucy Montague has fully separated herself from our communion by withdrawing himself without our consent & joining another denomination- whereas she peemptorily refuses either to return or to furnish us with a certificate of her regular stand- ing in another Christian Church & whereas in our opinion any further efforts to bring her back would be wholy fruitless & vain, therefore
P.45-Voted to withdraw our watch & care from her & we hereby dis- charge ourselves from any further inspection over her ..
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RECORDS OF FIRST CONG . CHURCH , PITTSFIELD. VOL. 11.
-
Signed-Vivus Osborn
Chairman of the Committee.
Voted that the committee which was sometime since appointed to inquire about the cost of platters for the communion table viz; Dea. Crowfoot , Mr. Carson & M r. Jonathan Allen be now directed to dispose of the old christening bason & platter & to purchase three new platters of silver plated ware suitable for the Lord's table.
Voted- that all applications which may hereafter be mide to the church shall be presented in writing setting forth distinctly the subject intended to be submitted for consideration & sig ned by the rerson making the request or by some other person in his behalf .
Voted, that all committees hereafter appointed by the Church, shall be furnished with a copy & preamble of the vote containing the subject matter submitted to them for the ir consideration. Attest - Heman Humphjey, Pastor.
Turn over to page 150.
P.46-Votes of Recommendation & Dismission. 1818 March 18 At a meeting of the church.
Voted at the request of Joseph Lewis & his wife to recommend them to christian watch & fellowship of the church in Middle town Ct. now under the care of the Rev. Ahal? Jinks & that upon the ir being regularly received by said church they shall be considered as dismissed from our watch & care.
Attest -Heman Humphrey , Pastor .
July 19 The Widow Milliscent Allen recommended to the Church in Canandaigua.
June 17. Pameligwife of Vernum Holden recommended to the church in Dalton.
1819 Sept . 26 Betsey, the wife of Rev . Thos . Punderson recommended to the Church in Huntington , Conn.
Oct.3 The wife of Horace Allen recommended to the Church un- der the care of the Rev. Dr. Wits ( ?) in Albany.
Oct.3 Mercy Partridge recommended to the Missionary Church to be formed by those who are destined to the Sandwich Islands.
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RECORDS OF FIRST CONG . CHURCH PITTSFIELD . VOL. 11.
Dismissions
1820
Feb 20 John Colt & Elizabeth his wife recommended to the church in Rochester, N.Y.
Apr. 16 Mrs. Lucy Luther recommended to the church in Goram, N. Y. Mrs. Sarah Goodman recommended to the church in Rochester N. Y.
Apr 23 Reuben Haskel & his wife recommended to the church in Oakham, Mass.
June 4 Mrs. Hannah Stocking recomended to the church in Mentz, N. Y.
June 11 Eli Goodale & his wife recommended to the church in West Hamp ton.
P.47-July 30
July 16 Mrs. Sarah Hills recommended to the church in Auburn, N. Y. The wife of Willian Colt recommended-
Oct 1 The wife of Hezekiah Russ recommended to the church in Hinsdale .
Dec
10 Solomon Warriner & his wife Mary recommended to the church in Springfield .
1821 Oct 17 Zebedee Randall recommended to the church in Stephentown N.Y. Dea. Eli Maynard & Merab his wife recommended to occasion- al communion with regular churches in New York & to mem- ber ship in any regular Presbyterian or Congregational church with which they may find it most convenient to u- nite.
Oct. 17 Nancy Bell recommended to the Church in Wethersfield ( Rocky Hill )
1822 ·
Dec 18 Doct. James Warren recommended to the church in Patter son N. Jersey
Dec 22 Mabel, the wife of Albert Wilon recommended to the Pres- byterian church in Rochester , N.Y.
Dec 29 Almira, the wife of Wm. Nichols, recommended to the church in Richmond
1823 Sept 27 Sophia Wiar, recommended to the church in Hardwick, New York Nov 12 Aiken Walker & Anne his wife rec to Carolina, N.Y.
1824
Feb 18 Orren Parsons & wife Roxana rec to West Hampton, Mass.
Apr 4 Sophia Nichols = Lenox
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RECORDS OF FIRST CONG . CHURCH, PITTSFIELD . VOL.11.
Marriages
Pages 48 to 54 inclusive are blank
Page 55 Marriages
1817
Dec . 10 This certifies that James Seley of Sharon, Ohio & Nancy Childs, of Richmond, Mass. were joined in mar - riage By me - B.
Heman Humphrey
Dec. ll This certifies that Ethan Janes & Charlotte Williams both of Pittsfield were joined in marriage. By me - E. Heman Humphrey
Dec . 16 This certifies that Curtis T.Fenn & Parthenia L. Dick- inson both of Pittsfield , were joined in Marriage. By me E.
Heman Humphrey
1818 Jan 1 This certifies that Vernum Holden of Dalton & Pamelia Ward, of Pittsfield were joined in Marriage. By me B.
Heman Humphrey
Jan 8 This certifies that Allen D. Montague & Experience D. Robbins both of Pittsfield were joined in marriage . By me B.
Heman Humphrey
Jan 13 This certifies that Maj. Gad Humphreys of the United States army & Mary S. Larned of Pittsfield were joined in marriage. By me J.
Hem an Humphrey
Feb 24 This certifies that Phineas Richards & Wealthy Dewy both of Richmond were joined in marriage. By me B. Hema n Humphrey
Mar 26 This certifies that Elias Dewy of Richmond & Nancy Wood of Pittsfield vere joined in marriage. By me - B. Heman Humphrey
Apr 14 This certifies that Milton Mcknight & Maria Hall Church both of Pittsfield were joined in marriage . By me - - - - B- 1/4 Heman Humphrey.
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RECORDS OF FIRST CONG .CHURCH , PITTSFIELD. VOL. 11.
Marriages
P.56- 1818 Apr 23 This certifies that Clark Philips & Lydia W.Sprague were joined in marriage. By me B. Heman Humphrey
May 11 This certifies that Henry Gates & Julia Case both of Pittsfield , were joined in Marriage. By me - B Ileman Humphrey
June 18 This certifies that Orenzo Parsons, of Dalton & Rox- ana Burt , of Pittsfield were joined in Marriage. By me
Heman Humphrey
July 8 This certifies that William Gardner of N. York & Caroline Wolcott Gold , of Pittsfield, were joined in Marriage Py me T. Heman Humphrey
Dec 3 This certifies that Nehemiah Sturges of Lee & Har - riet Russell of Pittsfield were joined in marriage. By me - B -- 1/4 - Heman Humphrey
Dec 9 This certifies that Ezekiel R.Colt & Electa Campbell both of Pittsfield were joined in marriage By me fleman Humphrey
Dec
24 This certifies that Doct. Orin Wright & Frances J. Gold both of Pittsfield were joined in Marriage. By me J Hem an Humphrey
1819 Jan 14 This certifies that Henry Gilbert Fleming & Almira Robbins both of Pittsfield were joined in marriage. By me B Hem an Humphrey P.57- Feb 16 This certifies that Luther Washburn Esq. of Lane s- borough & Mary Ingersoll, of Pittsfield were joined in Marriage. By me · B Heman Humphrey
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RECORDS OF FIRST CONG . CHURCH , PITTSFIELD . VOL . 11.
Marriages 1819 Mar .
17 This certifies that Justus Merrill & Hannah Ward both of Pittsfield were joined in Marriage. By me --- - B Heman Humphrey
Mar 31 This certifies that Daniel Brown Bush & Maria Merrick were joined in Marriage
By me E Heman Humphrey
Apr 29 This certifies that Elias Parker & Anne Ensign both of Pittsfield were joined in Marriage. By mne A Heman Humphrey
May 6 This certifies that Hezekiah Russ of Hinsdale & Mary B - Saxton of Pittsfield were joined in Marriage. By me -
Sept 15 This certifies that Eleazer Hills, cf Auburn, N.Y. & Sarah W.Bissell of Pittsfield were joined in Marriage By me J - Heman Humphrey Oct 4 This certifies that Samuel Whitney of Branford, Conn. & Mercy Partridge of Pittsfield were joined in Mar- riage.
By me Heman Humphrey
Oct 28 This certifies that Sam'l T. Brooks of Yorkshire, Eng . & Mal inda Allen of Pittsfield were joined in marriage By me A Hema n Humphrey
P.58 - Dec 14 This certifies that Major Benjamin Watson of the United States Army & Elizabeth Marsh of Pittsfield were joined in Marriage. By me -E Heman Humphrey
1820 Jan 9 This certifies that Ralph Stocking, of Worthington & Elect» Ann Taylor of Pittsfield were joined in mar - riage. By me -- A - Heman Humphrey
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RECORDS OF FIRST CONG . CHURCH, PITTSFIELD . VOL. 11.
Marriages 1820 .
May 25 This certifies that Gamaliel Pomeroy, of Southampton & Maria Danforth of Pittsfield were joined in Marriage. By me - E Heman Humphrey
Nov 8 This certifies that Lyman Kingsley & Sylvia Burt of this Town were joined in Marriage. By me B ---
Heman Humphrey
Nov ll This certifies that Spencer Churchill & Clarissa Weller Murphy were joined in Marriage. By me B Heman Humphrey
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