56                  122             1674

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And were not the rest as unfit who are troubled y^t we have such use of it & y^t it

  not

dos ly as comon.

  ^

B^r Tod pleaded further that B^r Remington was willing to give assurance of what

he sold w^ch was a gate y^t was then onely fenced w^th 3 Rayles soe y^t all sheep & pigs

might goe In & eat up y^r feed & y^t it was his intent when he sould it that it should

be soe fenced

Answ: It might be questioned whether he had such intents then If he had he did not

deal truly y^t he told not B^r Johnson upon what condition he sold it neither of y^e sale

nor afterward when it was fenced w^th 5 Rayles not for a great while therfore y^s was not

an old intent but a new Evasion besides it was not in his powre to order y^e con

tinuance of 3 Rayles if the proprietors agreed to have it 5 Rayles though hims[elf] had had

the gate he sould in possession

But grant that he had such intent as he affirmes he had it then followes y^t as he did

deal fraudulently soe he intended it for haveing sould y^e feedage of an ox gate he would

not have it secured to y^e purchas^r but would have liberty for his sheep & [--] hogs to

goe in & eat up more feed then would be found for 2 ox gates

2 Thing alleadged for him y^t now the ox pasture man put in cowes instead of oxen

turning them into y^e comon wherby y^e heerd was besued & y^e charges therby heavy

upon them that were forced to maintain a herdsman

Answ: 1 The abovesaid of y^e Toun let y^e oxen goe on y^e cow comon – 2. If y^s were

any Evill why did B^r Remington strive in using y^e ox gate he had sould to B^r Johnsō

out of his hands for y^t and y^t he might put in his own cows; 3 if y^e pasture be their

own why may they not feed it w^th what creatures they see meet 4 B^r Johnson had

                       and      it

improved it onely for y^t he bought viz for oxen therfore he gave noe cause of y^s

                                 ^

complaint

when it appeared y^t B^r Remington was thus backt & strengthend in his way it

was declared to those brethren that hindred B^r Rem from seing his unchristian

dealing that it was left at y^e door to answr it y^t hinderd o^r dealing w^th an

offender & hindered y^e church from coming to y^e Sacram^t w^ch was to have bin

April 12 1674 by sowing & occasioning discord in y^e church, B^r Tod answer^d that

what was say^d this way it had noe Impression upon his heart & so satt down

___

April 15 1674 y^e church mett to heare first those offences of brethren w^ch they desired to be

heard before we medled any farther with B^r Remington case It was yeilded for y^e pursuance

of peace rather to goe a little out of y^e way or y^e farthest way about then not overtake it

Therefore B^r Plats alleadged unrighteous dealing w^th him & B^r Todd that wheras at a Town

meeting they had voted 2 gates for oxen apeec to be taken of y^e cow comon in another meet

=ing they disanulled that vote even several that had voted y^m

Answ It was iudged by the church that they had not done well who had w^thdrew their vote affir

mative by an after negative vote Mr. Nelson confessed he had fayled therin his reason bec:

soe many more who had y^e like need & right to claim could not be supplied B^r Leaver

alsoe acknowledged y^t he would not have withdrew but y^t B^r Wood also who had little need was

(though w^th much adoe) voted for having[19] 2 gates, but notw^thstanding it was judged they ought not

to have withdrawn y^r consent once  having nothing new to alleadg for soe doing w^ch was un-

known before they did consent

2 B^r Tod acknowledged & was sorry y^t he had spoaken rashly in y^e forementioned accusation

3 B^r Plats objected a late transaction about B^r Johnsons business that fraud & & unfaythfullness appear^d

in it That is y^e court having given B^r Remington y^e gate onely he was to pay 10 pounds for it

in neat cattle if he would not give a deed of it: Daniel Weicom in Good^m Remingtons behalf

tenderd y^e cattall but it was not accepted at present but B^r Johnson desired y^y might be kept

till may day but before y^t time came they had discourse together B^r Johnson & B^r Remington

& others w^th each about an agreem^t and after many discourses they agreed to write what

they mutually ingaged to, w^ch writing was not soe full as y^e discourse but such as satisfied B^r

Remingtons agent viz Daniel Weicom [---] y^e sum of y^e writing was that Good^m Remington

paying 10 p^nds in neet cattell (noe time set down therfore nor security against as execution)

When B^r Johnson would noe more proceed against him in an actional way, but afterward he

come when B^r Johnson had [illeg.] in ordering y^s affair of his and claimed ye cattal as