Barnes v. Inhabitants of the First Parish in Falmouth
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought to recover of the defendants a sum of money, which had been assessed, by the proper officers of the said parish, on the polls and estates of James Buxton and Amos Knight, as their ministerial taxes for the years 1798 to 1805, inclusive, for the support of the Congregational minister settled in said parish; the said B.uxton and Knight having been, during said years, inhabitants of said parish ; which sum the plaintiff demands, that it…
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This was an action of assumpsit, brought to recover of the defendants a sum of money, which had been assessed, by the proper officers of the said parish, on the polls and estates of James Buxton and Amos Knight, as their ministerial taxes for the years 1798 to 1805, inclusive, for the support of the Congregational minister settled in said parish; the said B.uxton and Knight having been, during said years, inhabitants of said parish ; which sum the plaintiff demands, that it may be applied to his support and maintenance, as the Protestant teacher of a religious society in said town of…
1Opinion of the Court
* Parsons, C. J.
The plaintiff claims to be a public teacher of piety, religion, and morality, within the third article of the declaration of rights prefixed to the constitution of this commonwealth, but of a sect of Christians different from the inhabitants of the first parish in Falmouth, and publicly instructing several of the said inhabitants, who are of the same sect with himself, who usually attend on his preaching, and who have directed their taxes, paid for supporting public worship in the parish, to be paid over for his support; and he has instituted this suit to recover those taxes…
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