76                       10        1667

_________________________________________________________________

but this Land was not Bro Neh: Jewets. y^e seller. Bro: Wood

sayth he Knew that.     Inst: But I Knew not that at

first till I had parted w^th my House. &c:   An:  1. He might

& in Conscience ought to have made dilligent inquiry y^t he

might Know.   w^ch at first he did not.    2. But he ought

not to compleate a bargain unjust. afte^rw: when he did Know

it.  as when Nehemiah confirmed it he did. / ‘Tis a sin for

any one to take & absolutely detayne from another y^t w^ch he

Knowes is his Right agaynst w^thout Know his Knowledge & Contrary

              Hoever he came by it.

to his consent    Contrary to y^e End of y^e 8^th Command. y^e p^rservatiō

             ^

of Ev^ry mans Right .   ag^t. y^e Letter of y^e 10^th. ag^t y^os partic:

places of Scripture. Math. 20.15. Rom: 13.7. Ames Consc: [(]L. 5. c. 41.1)[73]

We went down to y^e plot of Land . & Brother Wood told us that

if m^r Phillips would give Him but a litle angle of about 5 Rodd.

He would give Him deedes of all y^e Rest. M^r Phillips refused that, &

sayd he knew no reason he had to claime any of it. & consented

                                                           not.

Bro: Wood then showd us the place w^r a brook had had its

Course  into his Land w^ch M^r Phillips had drawn away &c: m^r P.

Answ^red it was w^th his Consent, & Bro: Wood owned that at

first he did forbid it but aft^rw:  quasi nolens[74]  yeilded. He de-

sired m^r Phillips would open y^e brook into Bro: Woods land

as it was first, & he sayd he would.   Bro: Wood being as-

=ked whither y^t would satisfy, sayd he should not Contend

further Himself but would have y^e matter (quasi  a bone

of Contention) to his heyres aft^r Him.) as he found it. not rectify

Deedes &c:      It And y^t M^r Phillips would let matt^rs fall of

offence fall. y^e w^ch m^r ph: & others thought was unreasonable./

        at

The issue y^t time was that desire y^t Brother indeavouring y^e ch

        ^

seeing we could not issue it  y^t it Come to y^e church. for y^m

to judge.  And the Sacram^t being Next Sabbath Eyther M^r P y^t Bro:

Wood eyther abstayne or give private Sattisfaction: Before, by im-

=prooving what had bin sayd by us to Him:

 

The Night after but one came Bro: Tod & Bro: Pickard desire

& spoke in Bro: Woods behalfe. Bro: Pickard 1. sayd Bro Wood

had a Right to y^e Land  by y^e Law of y^e Countrey. An: Suppo-

=sing that it is not In Conscience according to Honesty Bro: Woods

m^r Appletō for m^r Ph:^s had bought & pay^d for it before. and

Bro: Wood sayth he Knew it was m^r Phillips’s land wⁿ he got his

own deed confirmed by Jewet.

2. Obj: Bro: wood must thus get Nehemiah to Confirme this

Land to Him, bec: till then he could not legally recover dam

=mage of Him for selling that that was not his own.