Massachusetts ecclesiastical law

Front matter

^^ PRINCETON. N. J. ^

Buck, Edward. '

Massachusetts ecclesiastic^

Preface

In this volume I have attempted to collect, and arrange in convenient form for reference, the Ecclesiastical Laws of JNIassachusetts, which lie scattered in profusion among the statutes and reports of the Commonwealth.

In order to secure completeness, reports of legislative committees, town histories, church histories, reports of councils, sermons, periodicals, and biographies have been examined. Something has also been done toward tracing our present ecclesiastical laws and usages to English sources ; and, with a view of making the work more generally useful in all parts of the Union, decisions of other States, and denominational controversies in which Massachusetts had no special part, have been cited.

Legal and clerical friends, of competent learning, have aided me with valuable suggestions. Our late honored Chief Justice very kindly allowed me to read to him a large part of the manuscript. With these precautions, I trust I have secured reasonable accuracy in the points that have risen during the rapid growth of our numerous Congregational churches ; especially in those conflicts in

(III)

IV PREFACE.

regard to doctrine and polity that marked the decline of the State connection.

The reader will see, at a glance, that the churches of Massachusetts owe their extensive participation in the legal discussions that have taken place to a connection with the State, which was very naturally formed in their behalf, during colonial times. He will trace, with satisfaction, the manner by which painful decisions of courts have led to a complete separation between the churches and the State; placing the Congregational churches of the Commonwealth on the safe footing of churches in other New England States, which have made less figure in courts and legislatures.

I shall be pleased if the details here collected tend to do honor to the upright and learned judges of Massachusetts, and increase our reverence for the simple faith and polity of our fathers, — encouraging, meanwhile, those reasonable hopes, entertained by many Christian men, that Congregational churches are to be the churches of the

future.

Chapter I

America dedicated to Religious Uses — Care of the Puritans in founding Towns Precincts, Parishes — Their Bounds — Setting off Parishioners by specia Acts— Ecclesiastical Jurisdiction of the General Court — Danvers, Hadley Springfield, Andover, ... Page 15

Chapter II

Support op the Gospel — Towns fined for neglecting it — Inhabitants for not attending Worship — Taxes on Persons, Lands, Corporations, how collected — Members liable for Parish Debts — Haverhill — Who are Parish Members, 24

CHAPTER in:

Tax Laws for Support of the Gospel — Modified to accommodate Quakers,

Episcopalians, Baptists, Universalists — Bill of Rights, 1780 — Methodists

and Statute 1799 — Religious Freedom Act, 1811, 35

CHAPTER lY.

Choice op Ministers under the Tax Laws — The Dedham Case, 1820 — Settling & Minister by the Town — The Majority of the Church seceding, the Name and Property are retained by the adhering Minority, 47

VI CONTENTS.

CHAPTER V.

The PEmcEPLES of the Dedham Case applied — Brookfield — Hollis Street — Amended BiU of Righte, 1834, 60

CHAPTER VI.

Churches — Their Members — Excommunication — Discipline — Rights and Usages of Churches — Cambridge Platform — Syi^ods — Creeds — Council Pamphlets as to Usages and Creeds, . 66

CHAPTER Vn.

Ministers — Early Laws and Usages — Their Dignity, Permanent Settlement, Special Contracts — Councils for Approbating, Ordaining, Dismissing — Misconduct and Heresy — Act and Testimony of The General Assembly of the Presbyterian Ohurch — Control of the Pulpit — Ministerial Lands, Funds — Interdenominational Topics of Discussion, 85

CHAPTER -i^HI.

Deacons— Their Rights, Duties, Prerogatives — Corporate Powers — What Contracts they may make — Why the Church was not incorporated specifically 114

CHAPTER IX.

Religious Societies — Organization — Incorporation — Roman Catholics — Federal Street — Park-Street Trust' Deed — Taxes, how levied — Officers of Religious Societies — Their By-laws — Their Relief — Their Extinction, . . . 120

CHAPTER X.

Meeting-Houses — Owned by the Parish — Title, in whom it vests — Repairing, removing, and rebuilding — Town-Housea — Trespass on Meeting-House and Grounds, 186

CONTENTS.

CHAPTER XI.

Pews — At Common Law — Ownership qualified — Exempt from Attachment — Control of Pews by Religious Societies — Taxing Pews — Exclusive Rights of Pew-Owners, 144

CHAPTER Xn.

The Precincts op the Meeting-House — Town and Parish Conflicts as to Training-Fields, Commons, and Horse-Sheds — Shrewsbury — Ludlow — Medford — Reading — Pepperell — The Burial-Ground — Care taken of it by Shrewsbury — By Andover — Burial Rights, . . 149

CHAPTER XHL

Charities — Jurisdiction — Who are Benefiwaries — Construction of Charities — Harvard Seminary — Bills to enforce — Statute of Limitations — ReUgious Belief of Founders and Donees — Subscription to Funds — Visitorial Power — Andover Seminary — Bowdoin CoUege — Control of Legislature — Income limited — Charitable Incorporations numerous, 161

CHAPTER XIV.

Marriage — Celebrated by Justices of the Peace or Ordained Ministers — Ministers classified— PubUshment — Consent of Parents — Clerk's Record — Penalties incurred — Age of Consent — Capacity — Color — Ceremony — Minister 's Record, . . 184

CHAPTER XV.

Penal Laws — Observance of the Lord's Day, Preamble, Decisions — Blasphemy, Kneeland's Case, Rights of Discussion — Atheists, their Exclusion, Thurston's Case, 193

CHAPTER XVI.

Ecclesiastical CouNoas — Ipswich — Mr. Norton — Committee of Arrangements — The General Court, 204

VIII CONTENTS.

CHAPTER XVII

CODNCiLS — Mutual — Ex Parte — Notice — Thompson v. Rehoboth — Impartial ity — Reading — The 0£fer — The Protest — Accepting — Burr v. Sandwich — The Questions examined — The Evidence, 211

CHAPTER XVIII.

CoDN'CiLS — The Result — Modes of Receiving — President Edwards — Results, when binding — Stearns v. Bedford — Hollis Street — Result accepted by one Party, 229 appe:n^dix.

A. — Statute 1786, Chapter 10, 249

B. — Statute 1799, Chapter 87, 252

C — General Sts. 1860, Ch. 30, 31, 32. On Parishes and Religious Societies, 255

D. — General Statutes 1860, Chapter 28. On Burials, 266

E. — Gen. Sts. 1860, Ch. 84. On Observance of the Lord's Day. St. 1865- On

the Better Observance of the Lord's Day, 269

F. — General Statutes 1860, Chapter 106. On Marriage, . . . .271

G. — Articles and Resolutions of the Unitarian Convention, April, 1865, . 275 H. — Declaration of Faith of the Congregational Convention, June, 1865, . 277 I. — Creed and Confession of the Church in Andover Theological Seminary, 230

TABLE OF CASES, . , 301

MASSACHUSETTS ECCLESIAS^TCAL LAW.

MASSACHUSETTS ECCLESIASTICAL LAW.

CHAPTER I.

America dedicated to Religious Uses — Care of the Puritans in founding Towns, Precincts, Parishes — Their Bounds — Setting off Parishioners by Special Acts — Ecclesiastical Jurisdiction of the General Court — Danvers, Hadley, Springfield, Andover.

§ 1. At the discovery of our Continent, Columbus consecrated it to religious uses with the striking rites of the Roman Catholic Church. " In all countries visited by your highnesses' ships," he writes to Ferdinand and Isabella, " I have caused a high cross to be erected on every headland, and have proclaimed to every nation that I have discovered the lofty estates of your Highnesses. I also teU them all I can respecting our holy faith, and the belief in the holy Mother Church, which has its members in all the world; and I speak to them of the courtesy and nobleness of all Christians, and of the faith they have in the Holy Trinity." i

Admirals of the established Church of England were no less elaborate in their rites and ceremonies in the countries which they discovered at the far north. " After a storm in Hudson's Bay," says

1 Select Letters of Columbus.

Frobisher, in 1578, " when each had ripped up their sundry fortunes and perils past, they highly praised God ; and altogether, upon their knees, gave due, humble, and hearty thanks ; after this, they listened to a godly sermon by master Wolfall. He, on another occasion, administered the communion after a godly sermon, which celebration of the divine mystery was the first sign, seal, and confirmation of Christ's name, death, and passion ever known in these quarters." ^

Obeying impulses which stirred in the hearts of all who came to America, the Pilgrims of Plymouth and Puritans of Massachusetts Bay dedicated their land by providing themselves with godly ministers and arranging for their permanent support. Secretary Washburn put ministers at the very head of a list of persons and things to be sent out in the company's ships. In 1629, it is resolved that the support of ministers, " together with convenient churches and other charges," be indifferently borne, one half by the company's joint stock for seven years, the other half by the planters; and the year after, an assessment of sixty pounds is levied on the important settlements of Boston, Watertown, Charlestown, Roxbury, Medford, Winnissimmet, in proportion to their means, for the support of Mr. Wilson and Mr. PhiUips. 2

§ 2. The "high cross on the headland." The occasional sermon would not answer the great

1 3 Hakluyt, 116. ^ i Mass. Rec.

ends of the colonists of Plymouth and Massachusetts Bay who came to found a "plantation religious." They did not trust their interests to the spontaneous care of those who were willing to settle among them. A committee of the General Court looked after the quality of the settlers, and the quality of their belief, as well as the location of each company of settlers. The pious care of the Commonwealth is well expressed by the ordinance of 1679, requiring the council or county courts to appoint" an able and discreet committee, at the charge of the people, intending to plant, to view and consider the place ; to direct in what form, way, and manner, such town should be settled ; having principal respect to nearness and conveniency of habitation, security against enemies, more comfort for Christian communion, enjoyment of God's worship, and civility with other good ends." ^

§ 3. Ecclesiastical and civil boundaries were alike denoted by the word town. Throughout the Old Colony and Massachusetts records, parishes are not mentioned as ecclesiastical divisions, although the term was famihar at that time, as England was then divided into nine thousand parishes. The terms parish, precinct, and district came into use after the colonial times, from the English ecclesiastical law.

In the province laws our familiar and convenient distinction between town and parish was lit-

1 5 Mass. Record, 214 — Com. v. Roxbury, 9 Gray. The Colony ordinance limiting the size of towns on the seaboard to a distance of eight miles inland, was in accordance with the s.mall size of the early Diocese. 14 Church Review, 605. For Virginia Colonies do. 14, 9.3 2 * tie known. Town, precinct, parish, and district were terms indiscriminately used both for ecclesiastical and civil purposes, as any one may see by examining the provincial statutes from 1692 to 1753, cited below, which describe the growth and transformation of precincts, parishes, and districts into towns.i

At the breaking out of the Revolution, this transformation into towns, with the privilege of sending a member to the General Court, is frequent. About this time the terms precinct and parish begin to be employed in a sense more strictly ecclesiastical.'-^ Thus the boundaries of parishes are " confirmed " ecclesiastically ; their inhabitants are made a " body corporate ; " their engagements of a " parochial nature " are provided for ; and, in case of a division, the rest of the town became " the first parish." ^

§ 4. The division of substantial towns into two or more parishes was by no means a matter of course ; it must be " legally and regularly " done, by order of the General Court. The ecclesiastical metes

2 In St. 1780, erecting Natick District into a town, the statute of 1775 is cited, wliich was intended to counteract a former provincial law that refused representatives to districts.

Tithing-men in England still perambulate the bounds of the parish, and the records are kept by the bishop. The bounds of some Loudon parishes are not yet settled.

3 St. 1786, ch. 10, following St. 1754: and partly St. 1718, ch. 6. In the statute recognizing the civil divisions as ecclesiastical, the General Court seems to have followed the Council of Constantinople, a. d. 381, which was the first to confirm them. 1 Church Review, 336.

and bounds were as exact as the civil. Indeed, the boundaries of the commonwealth itself, long after the Revolution, were not so well defined as those of parishes, precincts, and districts.

It would be difficult to say which was the first parish created by law in Massachusetts. The West Parish in Andover was probably the very last purely ecclesiastical parish in the commonwealth. It was established March 3, 1827, and its bounds are carefully given thus : Beginning at a stake and stones, thence northerly to a hop-kiln, thence easterly to a white oak-tree, thence along the Shawshine, thence along the Merrimack. All inhabiting within those limits were exempt from paying their taxes to the South Parish in Andover.^

Time has superseded these ecclesiastical boundary toils of our ancestors, which they derived from England. We now look upon them and the mass of legislation they required, as the traveller regards the old world masonry of fortified towns.^

West Andover will' furnish an illustration of a territorial parish, the lands lying contiguous, the earliest kind of parish known in Massachusetts.

Another description of parish, introduced after the Revolution, included men with " their lands and estates and polls," without reference to contiguity, and these were called poll parishes.^

2 For acts since 1830, as to the boundaries of Synods and Presbyteries, see Moore's Digest, Dexter's Congregationalism, 288, note.

3 Amherst, Stat. 1783.

Alongside the ancient territorial parish (or its equivalent, the precinct), a third less regular association sprang up, having no reference to lands and estates, called sometimes a poll parish, but more commonly a religious society. We have then the various ecclesiastical terms of parish, precinct, district, poll parish, and religious society in common use after the revolution. In our own day, however, the religious society bids fair to supersede all the older terms heretofore in use.

§ 5. From the first settlement of Massachusetts, the principle upon which the General Court proceeded in supporting the gospel was that of the ecclesiastical law, which had been in force in England long before the Reformation ; to wit, that every man in the town, parish, precinct, or district, with his lands, was to contribute in the town, parish, or precinct where he lived unless specially exempt. At a later time, when a parishioner found it convenient to attend another meeting in the same town or an adjoining town, he apphed to the General Court, and he was set off with his land. David Barnard, by a special act in 1804, is set off from the North Parish of Andover to the South, " always provided however that said David first paid the taxes already due to the North Parish." Such transfers of men by special act are frequent ; at least half a dozen per annum, until the law of 1824, ch. 106, made an application to the General Court unnecessary.-^

1 Tlie power of the General Court to tninsfcr to a dissenting society an individual who had no religious scruples against the Congregational

The Supreme Judicial Court were very nice in applying these tax and parish laws. They held that the ward was to be taxed wherever his guardian attended church, without reference to the ward or his parents; that the exemption of David Barnard and his land lasted only during his lifetime ; and the occupant after him must obtain a new special act of exemption, if he did not wish to pay his tax to the North Parish of Andover.^

In the early times it was not easy to be " legally set off," or " regularly set off," for parishes, precincts, or individuals. A strong case had to be made out to the satisfaction of the Committee of the General Court. Many were the remonstrances and counter remonstrances before Salem Village, now Danvers, could be set off from Salem, and have preaching of its own. West Hadley had a great struggle before it could be set off from Hadley ; West Springfield from Springfield. They had to explain to the General Court their abihty to support a minister, to convince the Court that it was dangerous to cross the river in an open boat to go to meeting : mere inconvenience did not weigh much in those days.

The five huge manuscript volumes in the Secretary of State's office prove that there was exercised a minute superintendence, after the manner of the English Parliament and Courts Spiritual, in answer to petitions of towns and individuals, on all manwas questioned, but overruled by Chief Justice Parsons in Thaxter v. Jones, 4 Mass. 570, 1808.

1 Kingsbery y. Slack, 8 Mass. 154. Baldwin v. Fitchburg, 8 Pick. 494.

ner of ecclesiastical subjects. The petitions of towns to be furnished with ministers, are not infrequent. A much larger number ask aid in supporting ministers ; private persons ask leave to attend their favorite preacher in neighboring towns ; and prisoners beg leave to attend preaching anywhere.^

The town of Andover will serve to illusti-ate the various sphitual solicitudes that occupied legislators and royal governors in those days. As early as 1681, certain inhabitants petition for aid in settling a conti-oversy about a meeting-house which was much needed in the south part of the town of Andover. Again, in 1707, they petition that the differences about the meeting-house be resettled. In 1708, the South Parish is allowed to build a meeting-house, provided they lay out certain lands for the minister's use, and build him a parsonage. In October, 1710, the South parish humbly present to the Hon. Wm. Shirley (his Majesty's governor), that they had built a suitable parsonage with four chimneys and four chambers ; but the minister, the Rev. Mr. Bernard of the North Parish, refused to make up his mind which parish he would serve, the North or the South ; and what should they do ? Thereupon Mr. Bernard is required to declare his mind before the 11th of December, otherwise the South Parish might employ any minister they chose.

The Royal Governor of the Province, with his Council and Aids, was quite a symbol of the eccle-

1 Fifty j^rants to aid fecl)le diurclics were m;ule between 1693 and 1711. None are found after 1711. 1 Con;;. Quarterly, 57, 163.

siastical as well as civil dignity that resided in the General Court of those days, attending, in state, councils of churches and ordinations of ministers, quite unlike a modern governor of Massachusetts, who is confined to cattle-shows, musters, commencements, and other terrestrial gatherings.^

This mingling of the civil and ecclesiastical in our early history needs no apology ; it implies no usurpation of power. The Confederate Commissioners of the New England Colony, from 1643 to 1667, maintained a careful supervision of the religious condition of each colony. They distributed Bibles, they conducted missions to the Indians, on a scale unknown before their time, besides settling the very difficult question of public law relating to war, boundary, and jurisdiction, on high Christian principles, without precedents to guide them.^

1 The presiding of the Governors of Massachusetts and Connecticut, in the year 1865, over general councils, is a recognition of the ancient era. Ordinations, in 1759, occasioned so much " feasting, jollity, and revelling," that the Council addressed the clergy a circular on the subject. Hist. Socy.

2 9 and 10 Plymouth Records; 2 Palfrey's New England, passim.

CHAPTER II.

The Support of the Gospel — Towns fined for neglecting it — Inhabitants for not attending Worship — Taxes on Persons. Lands, Corporations — How Collected — Members liable for Parish Debts — Haverhill — Who are Parish Members.

§ 1. In colonial times, when little was known of toleration, when every Protestant State in Europe had its State Church, it was natural for the settlers of Massachusetts Bay, all Englishmen, to adopt a modification of the English law of Church and State suited to their circumstances; to enact, as they did in 1638, that " every inhabitant who should not voluntarily contribute to all charges, both in Church and Commonwealth, proportionably, according to his ability, should be compelled thereto by assessment." ^

This enactment was rendered more specific by later statutes. There were few colonists, when the Revolution broke out, better versed in tax laws than the people of Massachusetts. Their system of ecclesiastical taxation had the merit of being definite and impartial, from the first ; levied with all the impartiality, at least, of town taxes in our day.-

1 The English law of church rates under 13 Edward I., circumspecte arjitis, and under the High Commission Court founded by St. 1. Elizabeth, were not favorable models to work from. Vellcy v. Gosling, 1 Ecc. Cases 479.

'^ As to early sn])port of ministers, see 1 Cong. Quar. 158. For an (24)

As early as 1637, we find the General Court authorizing the Town of Newbury to raise sixty pounds by tax on all inhabitants, " by an equal and proportionable rate, having respect to the lands and personal estate of those absent and those dwelling there." The object was to pay for building of houses for their ministers ; and the reason it was levied is expressed by the statute, as well as it ever has been since, " because such as are of the church there are not able to bear the whole charge, and the rest of the inhabitants do or may enjoy equal benefit with them, yet they do refuse, against all right and justice, to contribute with them."

The suggestion came from Massachusetts, which induced the Confederate Commissioners of the United Colonies at Hartford, at their second meeting in 1644, to adopt the following recommendations to all the General Courts of the Colonies of New England : " That those who are taught in the word in the several plantations be called together, and every man voluntarily set down what he is willing to allow to that end and use ; and if any man refuse to pay a meet proportion that he then be rated by authority in some just and equal way. And if, after this, any man withhold or delay the payment, the civil power be exercised as in other just debts." ^

The Massachusetts laws of 1652 required " all towns to be supplied with a Minister, a Meeting

examination of the tax laws of Massachusetts, see 1st vol. Am. Statistical Assn. The attempts of Randolph and Andros to subvert the Massachusetts tax system are described, 3 Palfrey. 1 9 Plymouth Records, 20, also Trumbull's Col. Rec. 3

House, and a Parsonage " — and all inhabitants to be taxed for their support.^ This was not aU. In case of defect in any congregation or town, in providing " for the settled and encouraging maintenance of ministers," the County Court ordered what maintenance should be allowed, and issued warrants to the selectmen to assess the inhabitants, which assessment the constables were to collect like any other town taxes.2

§ 2. Any town feeling itself burdened by the County Court's assessment could appeal to the Great and General Court. The General Court, as early as 1654, held it to be their " great duty to provide that all places and people within their gates should be supplied with an able and faithful minister of God's holy word." Presidents of County Courts and Grand Juries were to present all abuses and neglects, and attend to the orders of the General Court concerning the maintenance of the ministry, and the purging of their towns from such ministry and public preachers as shall be found vicious in their lives, and perniciously heterodox in their doctrine.

So strictly were these matters attended to, that we have, in 1800, the exact penalties which towns should pay for neglecting to supply good preaching to the people. If the neglect lasted for three months out of six, the penalty was from thirty to sixty dollars ;

1 For sonic peculiarities of Newbury, see Contr. to Eccl. History' of Essex Co., 18G5, 340.

2 0akes y. Hill, 10 Pick. 333. How fiir English precedents were followed maybe seen Veley v. Gosling, 1 Eccl. Cases, 457, 1842.

MASSACHUSETTS ECCLESIASTICAL LAW. 2Y

if repeated, the penalty was from sixty to one hundred dollars.^

§3. The General Court did not consider their laws merely good advice on religious subjects. Not only were the meeting-house and minister and parsonage to be provided for by the people by a tax on each inhabitant according to his personal and real property ; but the inhabitants w^ere required to attend the preaching provided for them under a penalty of five shillings for absence on Lord's day, on Fast or Thanksgiving. At common law it was an offence to be absent from public worship ; and by statutes 1 Elizabeth ch. 2, absentees without excuse were liable to the censures of the church and a fine of twelve pence. Our statute of 1791 allowing able bodied men, absent three months fi'om meeting, to escape by paying ten shillings, was a serious modification of the statute before in force. The fine of ten shillings might be imposed on any delinquent in Massachusetts until 1835, when the law was repealed.

John White, in his " New England's Lamentation," rebuked severely those " whose stubborn will will not submit to the just and regular discipline of the church to which they belong, or because they cannot have their own will as to the place of their worship."

§ 4. Following still the precedents of the ecclesiastical law of England, all landholders, resident or non-resident. Christian or not Christian, were

A Commonwealth v. Waterborough, 5 Mass. 257. Inclictments of tov;ns before the statute were not uncommon, especially in Essex Co. Appendix B.

taxed, though they never saw the minister, or entered the meeting-house.^ All corporations holding lands within the parish were also taxed for the support of public worship until 1831. We have the Goodell Manufacturing Company engaged in manufiic uring wooUen goods, taxed as members of the First Congregational Society in Millbury ; ^ and Amesbmy Nail- Factory, taxed for the support of the gospel in the East Parish of Amesbury. The court listens to no arguments of counsel, founded on the fact, that the chief design of public worship was to save souls ; and my Lord Coke had long ago laid it down, that corporations had no souls to be saved ; the court rather gave heed to the logic of the East Parish of Amesbury, that, — so far as the community is concerned, — public religious and moral instruction is intended for the prevention of crimes, not the salvation of souls.^ This portable doctrine of the courts (the only one that they can administer) probably qualified the preaching in many towns of Massachusetts at that time."*

§ 5. Various statutes and decisions of courts were required to adjust the rights and liabilities of members of parishes and religious societies.

Under the statute of 1817, ch. 77, no person, not a member of a parish, could vote on matters relating

I After 1811, the non-resident's land-tax went to support the minister of his denomination, if there was one in the town. Turner v. Bui'- liii.Uton, 16 Mass. 208. The liability of non-residents in Maine was qualitied by St. 1821. Dall v. Kimball, 6 Maine, 123.

^ Amesbury Nail Fac. v. Weed, 17 Mass. 54.

* Christian Spectator, 5 ; 207.

exclusively to parishes. But parish taxes for the support of public worship legally assessed on men, according to their property and lands, could be collected by the same legal process of attachment and arrest of the body, as taxes for town or county purposes. We have Nathaniel P. Fisher, of Walpole, arrested in 1832, for refusing to pay his tax of two dollars, thirty-eight cents, levied on the parishioners, at tow^n-meeting, for the support of the gospel, in the first society at Walpole.^

If a parish were dehnquent in paying its debts, the members of the parish were liable individually; a liability which a creditor could enforce with the whole rigor of the law, as effectually as any personal claim. We have a decision illustrating the point in Essex County. The sheriff of Essex, having an execution against the North Parish in Haverhill, for three hundred and fifty dollars, found no property belonging to the North Parish. The meeting-house was old ; the ministerial funds and parsonage land could not be levied on ; thereupon the sheriff seized three shares in the Merrimack Bank, belonging to one of the parishioners, sold them, and satisfied the parish debt ; and the court held, that members of a parish were liable for the debts of the parish, by a long course of decisions, too ancient to be unsettled.^

§ 6. Such being the liability of a parishioner,

1 Fisher v. Whitman, 13 Pick. 350.

2 Chase v. Merrimack Bk. 19 Pick. 567. The Parish was partly in New Hampshire. The same doctrine was applied in Maine. Fernald V. Lewis, 6 Maine, 264.

3* it became a serious question how and when a man became a parishioner; and here the ecclesiastical law had its surprises. Lawyers and laymen, drawing analogies from Fisher v. Whitman, imagined that they could not become members of a parish unless they had filed a certificate to that effect with the town clerk or the clerk of the parish. The party whose shares were taken at Haverhill, claimed that he was no parishioner, because he had not filed with the town clerk the certificate pursuant to the laws.^ But Judge Wilde held the unhappy man to be a member, nevertheless. He had been admitted a member of the parish on the application of a friend, in 1831 ; he had also allowed his name to be used as one of the trustees of the ministerial fund, and he had attended parish meetings. It is true, that if he had filed with the town clerk a certificate in person, according to the laws of 1811 and 1823, it would have been more certain that he was a member of the parish ; but the Court deemed him a member with sufficient certainty, without such certificate. " There are other ways of becoming a member of a parish, and Liable for all its debts," said the Court, " beside filing a certificate with the town clerk." ^