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    76                       10        1667


    but this Land was not Bro Neh: Jewets. ye seller. Bro: Wood

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

    first till I had parted wth my House. &c:   An:  1. He might

    & in Conscience ought to have made dilligent inquiry yt he

    might Know.   wch at first he did not.    2. But he ought

    not to compleate a bargain unjust. afterw: when he did Know

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

    any one to take & absolutely detayne from another yt wch he

    Knowes is his Right agaynst wthout Know his Knowledge & Contrary

                  Hoever he came by it.

    to his consent    Contrary to ye End of ye 8th Command. ye prservatiō


    of Evry mans Right .   agt. ye Letter of ye 10th. agt yos partic:

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

    We went down to ye plot of Land . & Brother Wood told us that

    if mr Phillips would give Him but a litle angle of about 5 Rodd.

    He would give Him deedes of all ye Rest. Mr Phillips refused that, &

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


    Bro: Wood then showd us the place wr a brook had had its

    Course  into his Land wch Mr Phillips had drawn away &c: mr P.

    Answred it was wth his Consent, & Bro: Wood owned that at

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

    sired mr Phillips would open ye brook into Bro: Woods land

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

    =ked whither yt would satisfy, sayd he should not Contend

    further Himself but would have ye matter (quasi  a bone

    of Contention) to his heyres aftr Him.) as he found it. not rectify

    Deedes &c:      It And yt Mr Phillips would let mattrs fall of

    offence fall. ye wch mr ph: & others thought was unreasonable./


    The issue yt time was that desire yt Brother indeavouring ye ch


    seeing we could not issue it  yt it Come to ye church. for ym

    to judge.  And the Sacramt being Next Sabbath Eyther Mr P yt 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 ye Land  by ye Law of ye Countrey. An: Suppo-

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

    mr Appletō for mr Ph:s had bought & payd for it before. and

    Bro: Wood sayth he Knew it was mr 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.


    [73] William Ames, Conscience with the power and cases thereof (London, 1643). The chapter is titled, “Of the Dominion of externall things,” and the first question, “Who are properly the Lords of things?” Ames’ answer begins: “God is the only absolute Lord of all things, . . . when man is Lord onely of the use of them: and in the use it selfe, man is subjected to the will of God” (p. 211).

    [74] I.e., “as involuntarily.”