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    56                  122             1674


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


    dos ly as comon.


    Br Tod pleaded further that Br Remington was willing to give assurance of what

    he sold wch was a gate yt was then onely fenced wth 3 Rayles soe yt all sheep & pigs

    might goe In & eat up yr feed & yt 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 yt he told not Br Johnson upon what condition he sold it neither of ye sale

    nor afterward when it was fenced wth 5 Rayles not for a great while therfore ys was not

    an old intent but a new Evasion besides it was not in his powre to order ye 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 yt as he did

    deal fraudulently soe he intended it for haveing sould ye feedage of an ox gate he would

    not have it secured to ye purchasr 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 yt now the ox pasture man put in cowes instead of oxen

    turning them into ye comon wherby ye heerd was besued & ye charges therby heavy

    upon them that were forced to maintain a herdsman

    Answ: 1 The abovesaid of ye Toun let ye oxen goe on ye cow comon – 2. If ys were

    any Evill why did Br Remington strive in using ye ox gate he had sould to Br Johnsō

    out of his hands for yt and yt he might put in his own cows; 3 if ye pasture be their

    own why may they not feed it wth what creatures they see meet 4 Br Johnson had

                           and      it

    improved it onely for yt he bought viz for oxen therfore he gave noe cause of ys



    when it appeared yt Br Remington was thus backt & strengthend in his way it

    was declared to those brethren that hindred Br Rem from seing his unchristian

    dealing that it was left at ye door to answr it yt hinderd or dealing wth an

    offender & hindered ye church from coming to ye Sacramt wch was to have bin

    April 12 1674 by sowing & occasioning discord in ye church, Br Tod answerd that

    what was sayd this way it had noe Impression upon his heart & so satt down


    April 15 1674 ye church mett to heare first those offences of brethren wch they desired to be

    heard before we medled any farther with Br Remington case It was yeilded for ye pursuance

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

    Therefore Br Plats alleadged unrighteous dealing wth him & Br Todd that wheras at a Town

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

    =ing they disanulled that vote even several that had voted ym

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

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

    soe many more who had ye like need & right to claim could not be supplied Br Leaver

    alsoe acknowledged yt he would not have withdrew but yt Br Wood also who had little need was

    (though wth much adoe) voted for having[19] 2 gates, but notwthstanding it was judged they ought not

    to have withdrawn yr consent once  having nothing new to alleadg for soe doing wch was un-

    known before they did consent

    2 Br Tod acknowledged & was sorry yt he had spoaken rashly in ye forementioned accusation

    3 Br Plats objected a late transaction about Br Johnsons business that fraud & & unfaythfullness appeard

    in it That is ye court having given Br Remington ye 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 Goodm Remingtons behalf

    tenderd ye cattall but it was not accepted at present but Br Johnson desired yy might be kept

    till may day but before yt time came they had discourse together Br Johnson & Br Remington

    & others wth each about an agreemt and after many discourses they agreed to write what

    they mutually ingaged to, wch writing was not soe full as ye discourse but such as satisfied Br

    Remingtons agent viz Daniel Weicom [---] ye sum of ye writing was that Goodm Remington

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

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

    come when Br Johnson had [illeg.] in ordering ys affair of his and claimed ye cattal as

    [19] MS: “have.”