ANDOVER MS, 1729

Several months after Edward Taylor's death in June of 1729, his son Eldad filed a suit against the town of Westfield, charging that they had not paid his father's salary during the last few years Taylor lived. This manuscript appears to be a quasi-legal brief filed in support of that suit, probably in the early months of 1730, although there are no Hampshire Court Records that I have been able to find that clearly indicate that the suit was on the Court docket.

The writer of this ms. was clearly acquainted with Taylor; the last line, particularly with the cancelation of the "we," suggests that he was one of the heirs. The most likely candidate is Taylor's son-in-law, Isaac Stiles. The handwriting is similar to Stiles' script. It is not the writing of Taylor's other son-in-law, John Pynchon, Jr., who might have been expected to file.

TMD

ANDOVER MS, 1729

The Town of Westfield did vote Jun 31 -- 1698/9 to allow m<sup>r</sup>
Taylor annually £ 80 so that it is clear that his years
service began Annually Jun: 31. The £80 Rat[e] wh<sup>ch</sup> was
Committed To W<sup>m</sup> Lomis march 1725/6 was y<sup>e</sup> last £80 Rate
which was made for m<sup>r</sup> Taylor which was the whole of it due
y<sup>e</sup> 31 of June -- 1725/26 some time before the Rate was
made. Now the time of m<sup>r</sup> Taylors disease being the 24<sup>th</sup>
of June 1729 the time m<sup>r</sup> Taylors Heirs ask Pay of the Town
of Westfield is 3 years 4 months, & 24 dayes -- one year and
almost a month of w<sup>ch</sup> time m<sup>r</sup> Taylor Carried on the work of
the ministry in Publick for the last sermon m<sup>r</sup> Taylor Preached
was some time y<sup>e</sup> latter end of Feb 1726/7.
How the Town of Westfield can justify themselves that they
have done their Dutty: looks very strange to me for if we
should allow y<sup>e</sup> £60 granted in feb: 1726 to go toward the
following yet there Remains above £20 Due for the time m<sup>r</sup>
Taylor carried on the work of the ministry in Publick
Now why m<sup>r</sup> Taylor should have no support from y<sup>e</sup> Town after
he was disabled from preaching in my opinion cant be
justified for * * * as m<sup>r</sup> Taylor stood in y<sup>e</sup> relation of
minister to that People they were under both natural &
moral obligations to support him -- their neglecting of him
as they did was not only unnatural but in my opinion very
evil and sinfull

There is a clause in the Agreement w<sup>ch</sup> y<sup>e</sup> town of Westfield

Andover MS, 2

makes great Improovement off: as a salve for their neglects
(viz so long as he continues with us in the work of y^e
ministry/)./

Two things I would offer here —

1. The Agreement was made in y^e year 1698/9 a little better than 30 years ago at which time m^r Taylor had a design of leaving the Town as I have heard him and also some of Westfield say -- So It seems to be Implied in y^e Introduction of agreement or vote; which is as follows (It was unanimously voted y^t y^e Town does desire m^r Taylors Continuance and settlement amongst us in the work of y^e ministry:) therefore that Clause in y^e vote (so long as he continues with us in y^e work of ye ministry) needs be lookt upon by an Impartial eye, to be in opposition to his leaving of them and goeing to some other place: or his quiting y^e ministry there: and not haveing the least reference to his being disabled from preaching —

2. An other thing I would offer is that the Agreement in a strick
sense does not cut m^r Taylor off from a following; for so long
as m^r Taylor Carried on any one Part of the ministerial work
he Continued with them in the work of the ministry.* Now
Praying for the people in private Conselling Exhorting and
Reprooveing in private these and suck like are parts of the
ministerial work which m^r Taylor was capable off * * * desisted

*orig. in the work of the work of y^e

Andover MS, 3

from preaching and * * * of Westfield have charity to
believe. [1/2] that he was constant and faithful in it; those who
did belong to his family do say that many persons come to him
for the resolving of their doubt, for counsel and direction
in y^e concerns of their souls after his last confinement
to his house -- and if so then he continued in the work of
the ministry -- and According to y^e vote should have been
supported

if m^r Taylor had been unfruittfull, and so had been any
fault of hissen that he did not preach any longer then there
had been Reason for withholding maintenance frō him; but
he was fruittfull and did to his utmost for y^e good of that
people — I remember: when y^e Committe apointed for
seeking after Another minister (to help m^r Taylor) Came to
the ministers of this lower Part of y^e Countrey; being upon
some special occasion Conven^d at Westfield -- Speaking upon
this * * * the Committe generally said that they had no
desire nor y^e least design of Cuting m^r Taylor short of his
following * * * had been a faithfull servant of it:

Finally if it should be Concluded that the Town Agreement
Expired with m^r Taylors last sermon then I would Appeal —

1. To the law of God -- God made bountifull provisions for his ministers under the Law -- those who at a certain Age were to cease from their Publick Labours they would not cut short of their maintenance from y^e people doutless Gods will in

Andover, MS, 4

this matter (as to maintenance) is y^e same under the
gospel -- this seems to be plain from y^e Apostles Argument
in y^e 1 Cor 9:9: it is written in the Law of Moses thou
shalt not muzle the Mouth of y^e ox that treadeth out the
corn; doth god take care for oxen: and from v. 14 even so
hath y^e lord ordained Etc: have the apostle Argued y^e
maintenance of ye\* ministry under y^e gospel from y^e
provisions which God made for the same under the law -- from
when I argue that if those under the law were to be
maintaind; when by Reason of age; were to cease from
the Publick ministry --

then It is the will of God that those under the gospel who
through Age are Incapacitated for y^e publick ministry should
have their maintenance notwithstanding Continued where else
was the force of the apostles argument

2 I would Appeal to Humane laws -- our laws have made very
good provisions in such cases -- for where Agreements between
Ministers and People happen to be Expired -- those who set
in the seat of Justice are Impowered and Required to take
care that Justice be Duly Executed which is what the Heirs
of the Reverend m^r Taylor do Humbly Pray for.

Transcription: Thomas M. Davis

Kent State

August, 1974

\*y^e maintenance of y^e is written vertically in the left-hand
margin.

+orig: what we the Heirs