Inhabitants of First Parish in Shapleigh v. Gilman

The proprietors of a new township appropriated a lot of land for a parsonage, at the same time voting, that they would endeavour that a congregational minister should be settled in the town. Afterwards a congregational society was incorporated in the town as a poll parish. It was holden, that the said society were not entitled to the use of such parsonage ; but that the same remained to the first parish, whether of the congregational order or not.f t See Jewett vs. Burroughs, 15 Mass Rep. 465.

Trespass quare clausum fregit. The defendant pleaded, that the locus in quo was, at the time of the supposed trespass, the soil and freehold of the First Congregational Society in the first parish in said Shapleigh; upon which issue was joined. - Trial at the last October term, before Wilde, J. It appeared, that the original proprietors of the 'town of Shapleigh, at a legal meeting on the 9th of January, 1775, divided a portion of the township into lots of 300 acres, and assigned them to the individual proprietors ; and at the same time voted, that one lot, including the locus in quo, “be reserved for a parsonage lot” ; and that they would “ endeavour that a congregational minister should be settled in said township within seven years from that time.” At a meeting of the same proprietors, Sept. 8th, 1780, they passed a vote, reciting that the township would accommodate two parishes, and that, being divided by a pond north and south, it was expedient that the territory on the western side of the pond should form one parish, and that on the eastern side the other ; and thereupon setting off another lot of 300 acres on the eastern side of the pond, “for the sole use and benefit of the gospel congregational ministry” in that section of the town ; exclusive of the former assignment of 300 acres on the western side, as before mentioned. On the 24th of February, 1795, a law was passed for dividing the town into two parishes, the western part to be the first parish, and the residue to be the second parish. (1) On the 24th of August, 1795, the Rev. Joseph Brown was settled as a gospel congregational .minister in said first parish ; who thereupon entered upon the said first-mentioned lot, and possessed the same so long as he contin ued to be * the minister of the said parish ; since which the parish have possessed the same until the defendant entered n the summer of 1814, and committed the supposed trespass. On the 6th of March, 1810, a law was passed incorporating fchabod Lord and others into a religious society, by the name of “ The First Congregational Society in the First Parish in Shapleigh.” (2) It was in evidence, that, since the incorporation of the said first congregational society, there have always been some of the inhabitants of the said parish of the congregational persuasion and belief; and one witness testified, that there were as many such as belonged to the said society. The defendant justified under the said first congregational society ; and he contended, that, upon the whole evidence, by the true construction of the first-mentioned vote, the lot therein mentioned as reserved for a parsonage lot was appropriated for the use of the ministry of the congregational order, and that, on the incorporation of the said first congregational society, they had the right to enter and hold possession of the same. But the judge instructed the jury, that the said lot was, by said vote or grant, lawfully appropriated for the use of the ministry generally in said first parish in Shapleigh; and that the said first parish had a lawful right to enter upon and occupy the same, while destitute of a minister. A verdict was returned for the plaintiffs, subject to the opinion of the whole Court, upon the facts and direct"ons aforesaid.