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in Nehemiahs name, & security provided yt Nehemiah should confirme ye
act of his to Bro: Wood when he came to his 21 y. Age. / The
manner was thus . Bro: Wood got Mr I. Appletō of Ipsw: to draw
up a deed in forme; & did describe ye bounds of ye Land of
wch he was to enter upon to be bounded by a brooke. so as
that it wrapt in ye Land wch Mr Phillips had claime to, &
made use of & improved; the wch deed Bro: Wood tendrs to Bro:
Pickard & he signed &c: according to Woods desire. afterward when
Nehemiah came of Age. Bro: Wood in like manner prfects it wth
Him. gets it owned &c: / Bro: Wood tells Mr Phillips yt he had
some land of his made over to Him at Supra. wch made Him
the Legall poses owner of it, but sayd it was a mistake
& mr phillips protesteth he understood yt he promised Him to
have / the Errour amended wn they could meet at Ispwich.
This deferred some time – at length mr phillips hath occasion to desire
it might be reformed – then sth Bro: Wood no such matter ye
Land is mine & I will have it. / afterward pulls down ye
Mr P fence betw: Mr Ph: & him. mr Phillips spake to Him
in a Xtian way of it , he proceedes notwithstanding to pull dow[n][71]
the Fence agayn & agayn four times ––– Hereon sth mr Phillips
he hath 1. Broken the 8th Commandmt in taking away Remooving
the Land marke. the ffence was ye true visible Land marke
he removes iLegally removes yt & makes ye brooke below it ye Land
(b) =bounds. 2. (b) ye 9th in breach of promise not to reforme
this . & Qu: whither or not ye 10th.
Bro: Wood answered justifying all yt he had done. and 1. yt he did
not know when at first he did deale wth Bro: Pickard yt yr was
any Land of Mr Phillips’s yr. & yt the man that sold it to Him was
he yt falsified ye bounds & not He. 2. yt afterward he Knew
it yt Mr Phillips had land yr, but he did sc:[72] threescore
rodde , & yt he was willing Mr Phillips should have that por
=ti But : for yt wch Mr Phillips claimed (had 1 posessed, 2 Mr Apple[ton]
testifyed was sold by Mr Jewet to Him (& by him given to Mr P.) that
wch a fence had sevred frō Mr Jewets Land &c: & yrf: appeares to
to any Conscientis Eye to be Mr Phillips) all that he would not
(a)
give. We heard & Bro: Dresser pleaded Wood’s cause to
be Equall & Mr Phillips ought he thought to pt wth about
(a) five Rodde of Land &c: The Rest exprssed it to be unjus[t]
that Bro: Wood had wrapped any of Mr Phillips’s land into
his deed (as he sayd) Knowingly: especially making yt use of it
yt he did. & his Violent breaking down ye fence &c: to be unlo
ving
Obj: 1. why is this Unjust? Bro: wood hath bought & payd
for it. An: Buying & selling the matter in ys acts
is something wch is yt Rightly belonging to ym yt buy or sell
[71] MS damage.
[72] I.e., “scilicet,” or “namely.”