Observations on Charge the first.

Tho' the Considerations for each Party's Title be not a matter in dispute in this Cause, yet its conceived, that with all Men of Reason, they must be of weight to find out the Meaning of Parties. For, 1st. It cannot be thought that it was John Richbell's Intention to give, or Robert Richbell's to take, that Ninety-nine years Mortgage (before printed in fol. 4) of a piece of Land containing only 320 Acres (the Fee-simple of which, at the Rate of 20 l. per Hundred Acres, was worth only 64 l.) as a Security for Repayment of 250 l. If John Richbell so intended it, it must have been a Cheat and Imposition; And why should we suppose him guilty of that, when the words of the Mortgage (compared with the Patent, and the other Deeds) can bear, and plainly do bear another Meaning?

2dly, Again, can it be thought that the Palmers should ever intend to ac­cept of that 320 Acres, in Satisfaction for their Mortgage Moneys and Interest, amounting to above Twenty Thousand Pounds, and pay the Heir 385 Pounds Sterling besides, at a time when there were no Competitors in the Purchase, and when the Defendants do confess upon Oath, That were that 320 Acres to be Let, it would not bring in so much Rent, as the Interest of the very Moneys that the Palmers had laid out upon the Improvement of the Great Neck, and at the same time too to give up all their Improvements beyond Westchester Path?

[Page 27] 3dly, Again, Can there a Reason be shown, to believe or suppose, that Edward Richbell did not intend to sell as much Land to the Complainants, for their 385 Pounds Sterling, when no Competitors, as he intended after­wards to s [...]ll to the Defendant for 300l. Sterling, when there were Compe­titors; or to believe or suppose, that he did not intend the Great Neck to Extend into the Woods, as many Miles as the West Neck?

4thly, Again, Can it be imagined, that Edward Richbell intended to agree to [...]ll all the Lands held in Exchange from Pell, to which the Defendants had [...] before that, and also agree to sell the Reversion of all the West Neck, first for 300 Pounds, and (because of the Competition) at last for 400 Pounds, which together were of much more value than 400 Pounds; And also, for the same 400 Pounds, to sell the 20 Miles into the Woods, from the markt Trees on the Great Neck, which is above twenty times the value of that 400 Pounds?

5thly. Again, Can it be thought to be Fair and Equitable, to make a pretence (if there was room for doubt) to that which others have been peaceably possest of, for so many years; to that which they have laid out so much Money in the Improvement of it; to that which Stands them in above Twenty Thousand Pounds; when the Person so pretending, never paid a Farthing for it, (in so much as the Lands Exchanged by Pell, and the Reversion of the West Neck, are much above the value of the 400 Pounds paid for his Purchase) but solely founds his Pretensions, on a supposed Omission of Words, in Richbell's Mort­gage to Richbell, and when these Pretensions are so palpably absurd, and repug­nant to the intention of all Parties, as before, in part is showen, and hereafter shall be more fully.

Impartial Reader, Let any Man not divested of Common Sense and Com­mon Honesty say, how Conscionable this is: And let him judge of the Reason of the Clamours accordingly.

Observations on Charge 2d.

The Complainants conceived, it would be undermineing in them, to attempt to purchase the West Neck, without first acquainting the Mortgagee of it, to know whether he had any such intent; And this they conceived tho' the Mortgagee, had not laid out any Money upon the Improvement thereof, as its Confessed there was not,^(a) And so are such Actions termed in their Answer, ^(b) not Considering they confess themselves guilty thereof, in a much greater Degree; in so far as, they attempted the Purchase of the ^(c) Great Neck, on which the Palmers had Expended so much in Improving thereof, that were it to be Let, it would not yield the Interest of the Money so laid out upon it, without giving them the least notice thereof before hand: Nay, from their Answer, it may may fairly be inferred, they went further, than a bare attempt to purchase the Great Neck, without notice to the Palmers; in so far as they confess, that their Correspondent wrote them, That Mr. Richbell was of so nice Honour as not to depart from his Articles with the Palmers. How could they know this, if they had not attempted to make him depart from them? How came they to lay the not doing thereof to the charge of his Honour, if something against his Honour had not been proposed to him to do? And [Page 29]tho' the procuring the Offer of Money, as a Bribe to the Complainants Corre­spondence, to destroy their Agreement for the great Neck, be denyed, yet the other part of the Charge is confessed, viz. Orders by the Defendants to then Correspon­dents, to endeavour to come in for one half, if the Palmers had purchased the wh [...]l [...]. Which with all Men of Reason, will be, Tantamount to confessing the whole Charge: For how could their Correspondents let them in for the one half, unless they had destroyed the Complainants Deeds, and prevailed upon Richbell to Execute new ones: If the Complainants had purchased the whole, no body but the Complainants could convey the half, and the application was to them only proper, who were near at hand; and not either to Richbell, or the Palmers Correspondents, who could not have done such a thing, without manifest Injustice and Villany, which their own Answer from their Correspondents say, "Richbell was a man of too nice Honour to be guilty of. Its an easy thing for a Man to wipe his Mouth, and say, nothing but fair means was intended; But the Complainants challenge Mr. Philipse, to show which way such a thing could be done fairly, by any body alive but the Palmers; For if the Palmers had purchased the whole, Then either the Deeds for the whole to the Palmers would have been Executed, or there would have been a written or a verbal Agreement, for to Execute such Deeds: If the Deeds were Executed; Let him show, if he can, how Palmers Correspondents or Richbell, could Let the Defendant into the half, without destroying these Deeds: If the Deeds were not Executed, but only agreements entered into, either written or verbal, Let the Defendant show, if he can, how Palmers Correspondents could give up or destroy this written Agreement, or acquit Richbell of the verbal one, with­out a Breach of Trust and manifest Injustice to their Employers the Palmers. And could Richbell, have gone from his own Agreement, whether verbal or in writing, without doing palpable Injustice, which it seems be abhorred, and was a Man of too nice Honour to Embrace so Vile a Proposal. Does it look fair, or rather is it fair and honest, to send 3000 Miles to do that which all the World can't help seeing, could not be fairly done any way there; And Omit an Application here near at hand, to Persons who were to be spoke with every day, and who were the only persons in the World, that could fairly & honestly, let him into the half. If this be not Plowing with another's Heifer; and if this be Honest and Fair, Hang Fair. — Honest Reader, Judge who had most reason to Clamour, and Judge of the present Clamours accordingly,

NB. The first sheet of this Appendix was printed off, and so far of this 2d sheet com­posed or set, before it was observed, that there was a Mistake in these words, pag 25. line 43. And the rather because that time was en even half year with the first Mortgage; That Time not being an even half year with the first Mortgage, but with the Defendants last Bond, as appears fol. 44. of the Answer.

Observations on Charge 3d.

Its to be observed, That as the Complainants entered not upon the Pur­chase of the West Neck, till they had fairly askt Mr. Cortland, Whether he had thoughts of it [...] and that he slighted it, as by the Answers to the second Charge appears; so, when they found that Mr. Cortland became a Compe­titor in the Purchase, they were willing to desist upon reasonable Terms; and to agree upon such, they had many Meetings with the Defendants, in order, that if the Defendants should happen to become so nigh Neighbours, no Dispute might arise betwixt them and the Complainants, concerning the Line betwixt the Great-Neck and West-Neck, which then remained unsettled, but that it might be settled in an amicable manner. It appears confessed, That during the Treaty, before the Parties began to put their Agreements in writing, the Line betwixt the Great Neck and West Neck was talkt of, But the Defendants avoid saying what was talkt of it, and leave that to be guessed at; And to give a right guess, It must reasonably be supposed, that what is con­tained in the Articles of Agreement (before printed, fol. 9, 10 & 11.) concern­ing the Line, is the Result of that Talk. It appears also confessed, That during that Treaty, it was talkt, That the Great Neck extended the length of the Patent, and that the Defendant Philipse, understood, that to secure the Twenty Miles into the Woods, from all Claims, was the Complainants aim; and the Articles contain a full Declaration, that so was their Aim, even tho' there had been no Declaration of it before. It appears these Articles were delivered to the Defendants, two days before they were Executed, as the matters that had been treated of, and agreed to in the Treaty; during which two days, the Defendants had them in their keeping to consider of. By the Articles it appears, that the Complainants agreed, to desist further Proffers for the West Neck, which was what was to be done on their Parts; And in Consideration thereof, the Defendant Courtland agreed, to pay their former Charges about it, and that there might be no dispute, about the Line running into the Woods between the Great and West Neck. —2— So flagrant an act, as the altering an Agreement, after the Consideration performed on one part, without consent of the Parties who had performed, on Faith and Confidence of the Execution of the Articles of Agreement, as they stood at the time of performance, re­quires some Excuse to be found for it; And the Excuse is, that says Mr. Philipse, the Articles were not agreed to so far as were written, For, that he took Exception to the words 20 Miles upon reading the Articles, and told the Complainants of it, the first time they came for an Answer. But whether this [Page 34]Excuse be Genuine, or [...]nly bought of after the meeting of the Arbitrators at [...], shall be considered under the 4th Charge, No. 8 & 9. But here we shall suppose the Except on to have been made as he says; Then, did the Complainants agree that th [...]se words should not be in the Articles? No, the matters in the first Charge, and that being their very aim by the Treaty, fully [...]n [...]ugh show the impossibility they should; and its even not so much as pre­tended by all the Answer, that they did agree to leave these words out, which had they agreed, would not have been forgot. Again, Who made this Ex­ception? Not Mr. Courtland the other party contracting, but Mr. Philipse, who was not known by the Complainants to have any concern in the thing, further than as a Scriviner, or as a Friend to Mr. Courtland; and from Mr. Philipses having once Excepted to th [...]se words, it will in no ways follow, that Mr. Courtland did not agree to them. Again, as Mr. Philipse confesses, that in the discourse in the Treaty, concerning the Great Necks reaching to the Extent of the Patent, he was on the Reserve, is not there great reason to believe that Re [...]erve was also used here? seeing its concerning the same thing, & concern­ing which, the Complainants had fully, by the words 20 Miles, in the Articles, Expressed their intention? Again, can there be any thing so much as supposed, that could induce the Complainants, to depart from these words Twenty Miles? It can hardly be imagined, especially at that time, when they stood as fair as the Defendants, for the Purchase of the Remainder of the Patent, they having then the same Opportunity as the Defendants, to make Proffers for it by the Ship then bound for London and tho' the Defendants don't remember the Sight of the Letter, the Complainants put on board of the Ship, yet, as they remember, they told them, they would give such Orders, it amounts to the same thing, seeing undoubtedly it was in their Power to give such Orders. —3— Again, will it follow from such an Exception being once made, that it was [...]sisted on, and not waved? It certainly cannot, but if it was made, its not only unnatural, to think the Complainants should assent to it, for the reasons before, but also there's the greatest Probability, that it was not insisted on, but waved: For, after the making of it, is confessed the Treaty dropt, and they came to a Treaty again; how consistent the Answer is with it self, and how evasive concerning that, is left to the Impartial; when its considered, that its said, before the Treaty dropt, the Sum of 158 Pounds, demanded by the Complainants, was then agreed to; And again, its said, they met afterwards about the Articles, and talked about the Sum; Its a little Strange, that if the Sum was agreed to before, that that should be the thing talkt of, for its of things that are in difference, that one should suppose People would Treat of, and not of things agreed to; And when so Express a Demand as is made by the Bill, Whether at that further Treaty, any other thing was expressed to be in difference between them, than the Sum? is considered with the Answer to it, viz. But the Defendant Philipse denys, that the Sum was the only thing talk [...] of to be in difference; Then, what else was there talked of to be in difference? If any thing else, it might be reasonably expected, it would have been said what, but its not said what, for the words that follow are, for that the said words Twenty Miles were excepted to, as aforesaid; how is it said before, that they were Ex­cepted to? when he read them, he Excepted to them, and told the Complainants so, during the former Treaty; But sure that won't be said telling them so, during this last Treaty: and if so, its plain, that nothing is showed to be treated of, as in difference, during this Treaty, but the Sum. And when that other Express Demand in the Bill, Was it not the intent of all Parties, that when that Sum [Page 35]was agreed to, and filled up in the Articles, the Agreement was Compleat; or had the Defendants then a secret Reserve, that they might alter them as they pleased, after they had got the Complainants Letter back from on board: is also considered with the Answer to it, viz. The Defendant Philipse sa [...]s, he did not secretly Reserve his Intention, of having that Expression of Twenty Miles altered, but declared the same to them, as aforesaid. How, when, and what did he declare, as aforesaid, to that purpose? I.e, in a former Treaty, says, he told them that the words [...] should not be there, because they were not in Richbell's Mortgage; But why did he not tell them so now? seeing if he had told them so before, the Complainants never agreed it should be so; and if it was not told them now, upon this last Treaty, (which neither these Words of his, nor any others in the Answer, can import that he did) and if he then had such an Intention, it must have been secretly Reserved to himself, he having no way Expressed such Intention, during this Treaty. It can hardly be thought, if a matter of such Moment, had been in difference, during these Treaties, that Mr. Courtland should not have taken Notice of what passed about it, but the Complainants verily believe he was no ways privy to Mr. Philipse's Intention, nor does it by the Answer appear he was, or that he ever gave any Order or Consent to it. —4— If any such Exception was made by Mr. Philipse, on the former. Treaty (which the Com­plainants do not admit to have been) from what is before, its conceived plain, that it was never assented to by the Complainants; and that it was not insisted on, but waved by the Defendants: it being not so much as asserted, that it was more than once mentioned before the Ship went, and that upon a former Treaty; And that such Exception was not insisted on, but Waved, will be more apparent, when the mode of Expressing the Exception, in fol. 76 & [...] of the Answer, is considered; viz. This Defendant Adolph Philipse was askt his Opinion about the Agreement, Whether by the other Defendant Courtland, or the Complainants, or both, he doth not remember; but remembers, that he Answered, in the presence and hearing of the said Quinby, Cornwall and Townsend, in Substance to this purpose, That as most part of it was made up with Recitals, he believed them to be right, but as to that part which mentioned Twenty Miles into the Woods, it must be altered, because the Mortgage to Robert Richbell had no such Words or Expression in it. From which it seemeth, it was only objected to as a Recital, because Richbell [...]s Mortgage had no such words in it; but that was no Objection to it in the third Clause of the Agreement, where it stood in the Articles, being there not a Recital, to which only his was a proper Objec­tion, but as a matter agreed to; and to obtain which, and to prevent disputes about that matter, Mr. Philipse confesses, he understood to be the Complainants aim, by the Treaty and Agreement; and which aim, was fully expressed and pointed out by that Agreement, and if he really intended such Alteration, he should then, or after, before acceptance of the Consideration from the Complainants, have made it, or insisted upon their consent to make it: neither of which, so much as pretended; and the not doing the one or the other, but accepting the Consideration upon a further Treaty, without once mentioning that Exception, must be conceived, with all Men of reason, a desisting from, or a waving of such Exception, especially seeing it was not made, by the Person with whom the Complainants were treating; And to illustrate this; Suppose one offers to do a thing, if another will pay him so much for doing it: upon the offer, the other excepts, or even objects, in plain terms, to the paying so much for the doing of [Page 36]the thing; But afterwards desires the Person offering, to do the thing he offered, without desiring, or obtaining any Abatement of what he offered to do [...], Can any other Construction be put upon this, than that the other, by accepting of the thing that was to be done, does undertake to pay what was demanded for doing it? Will it be an excuse to say, that during the Treaty he excepted or objected to paying so much? Surely that can be none; unless the other agreed to the Exception or Objection. And to compare the Case in hand with that; here Suppose there had been even no prior Treaty where matters were agreed or understood to be agreed, as in this case it appears there was, but only the Complainants offered (by the Articles of Agreement) to desist making further Proffers, for the remainder of Richbell's Right (when they had as good a Title, and as good an Opportunity to do it as the Defendents) if the De­fendants will pay than their past Charges about it, and agree to settling the Line Twenty Miles into the Woods, between the Great Neck and West Neck, either amicably or by Arbitration; this offer was given to the Defendants to consider of, they confess they had it two days to consider of; Mr. Philipse says, he excepted to the words Twenty Miles; [...]e it so: Did the Complainants agree to quit with them? No, its not so much as pretended: Did the Complainants agree, to desist making Proffers, with any thing less than what they offered by the Articles to desist for? No, its not so much as pretended: Was not the thing offered to be done by the Complainants, accepted of? Its plainly confessed it was; With what reason then, can the Defendant Philipse, put them to all the Trouble, of this Suit, to compell him to that, which its apparent was agreed to, by the Acceptance of the Consideration, on the part of the Complainants? He himself best can tell: With what reason have all these Clamours been raised [...] the Court, for Decreeing pursuant to that, which was so apparently, and deliberately agreed to; and which (by the matters of the first Charge, had there been no such Agreement) its apparently absurd, and Repugnant to common Sense and Reason, and the intention of all Parties, to make any pre­tence against? Let the World judge. —5— By this Article, compared with Article, No. 2: of the 2d Charge, It appears, that had it not been for this Agreement, the Complainants had an equal Chance, at least, with the Defen­dants, to have purchased these their vast Pretentions, by having their Deeds for all the remainder of Richbell's Right; and by what's before in this Charge, It plainly appears, they would not have parted with that Chance, without believing, that by this Agreement, they were fully secured, from any doubt or dispute that might happen, about the Bounds or Extent of their Lands, which had stood them in above 20000 Pounds, as before, and on which they had bestowed so much Improvements, as that its confessed, were they to be Let, they would not bring the Interest of the Money, so Expended by them, in improvement thereof: Tho' in fact, by the Decree it self, and the first Charge before, if there had been no such Agreement, it evidently appears, there was no Reason for such dispute, or for disquieting them in their Ancient Possessions. But were there Ten thousand times more Ground for this vast Pretension of Mr. Philipse's, yet, as its plain, the Complainants might have hindred him of Obtaining it, and did only desist hindering him thereof, on a solemn Agree­ment, not to turn these Pretensions against them, but to settle their Bouuds ami­cably, Its left to the World to judge HOW CANDID AND HOW GENEROUS that must be, to turn that Weapon put into his Hands against the Givers thereof, and that directly contrary to so solemn an Agreement, not to do it.

[Page 37] —6— In inserting the 358 Pounds. Mr. Philipse was in the right, [...]ause it was the Express Agreement of all Parties, that it should be so, But where was his Right to strike [...] the words TWENTY MILES? words of a Plain and Determinate Sense, and to institute in place of them the words TO ITS EXTENT, words of an Ambiguous and Indeterminate Sense; its not pretended that Mr. Courtland ordered any such thing, neither is it pretended, no [...] to be supposed, that the Complainants ever consented to any such thing: As to his pretence for doing it, viz. That he told them, and observed to them, Quere, If they could hear him, seeing they were not then pre­sent? Vide No. 2. WHEN HE FIRST READ THE ARTICLES, That it must be done, that could give him NO RIGHT, unless they had assented to the doing it; and the Accepting the Consideration on the Complainants part, without insisting on that his Exception (if he made it) was a desisting from it, and Waving of it, as appears under No. 4 above. Some People have very bad Memories of what makes against them, and re­quire a great deal of rubbing up, to make them remember such things; and on the other hand perfectly remember, things which they desire, or what makes for them, whether such things ever were or not: Whether that be Mr. Philipses case or not, the Complainants in this place won't say, but will leave the Impar­tial Reader to judge, from what Observations will be made, on the 4th Charge & on the Answer in general. Tho' Mr. Philipse swears, he does not remember the Complainants made any Objection to the alteration, yet, that does not say but that they did; and can any man of Reason believe that they did not? To see, That which he confesses he understood to be their aim by the Treaty, That which was plainly by the Articles shown to be their aim, to see that arbitrarly struck out without their Consent, to see themselves Exposed to Dispute with so great a Man, and to a Dispute they had taken so much pains to guard them­selves against, Could any man of the greatest Patience see that, and not object against it? it can hardly be supposed; But his Answer to the Question, he says they made, fully enough shows an Objection, for, if they had not Objected, there would have been no need of Satisfying them or Convinceing them about it, as he says he did, with his Answer; But what was it that Satisfied them? He says he told them that the Necks are to the markt Trees, and what's above them is a separate Grant, a very Comfortable thing to hear indeed! (if he said so) how much it would tend to satisfy them, to see themselves exposed to the Dispute they had been guarding against, is lest to the Reader to judge; and how much of Verity was in this, to Convince them, the Rea­der is referred to the Patent, Deeds, and Decree it self, to see and judge by. But whether he said so, or not, will be no small Question, when his Conduct, until the Meeting of the Arbitrators at Mamaroneck (as will appear in the next Charge, in twelve Instances there pointed out) shews, that till that time, he understood, as well as the Complainants, That a LINE was to be run to its Extent into the Woods BETWEEN the TWO NECKs, which will hardly be consistent with this Saying of his, in so far as by the Answers to the first Charge it appears, That the Markt Trees are at West­chester Path, where the Water comes up on each side of the Great Neck, to which Place it was impossible to divide the Necks by a Line, because, so far they are already Divided by Water, and therefore, the Line rhat the Arbitra­tors were to ascertain, must be beyond the Markt Trees, if any Line was to be at all: Is it reasonable to think he told them, what's Tantamount to say­ing, [Page 38] There's to be NO LINE at all BETWEEN the GREAT NECK and WEST NECK, and, yet at the same Time, agree to the Signing of Articles, so expresly agreeing To settle a LINE BETWEEN the GREAT NECK and WEST NECK, which its impossible could be any where, but beyond the Markt Trees; The Reader is left to judge, whether he said so, or not, But if he did, he cannot but be of Opinion, (after he has read the Twelve Instances in the next Charge) That the Sayings and Doings, and the Defendant Philipse's whole Actings, till the Meeting of the Arbitrators at Mamaroneck, were very Inconsistent with that Saying of his at that time.

The next Thing he said To Satisfie and Convince them, was, That IF their Mortgages, or their Release from the Heir, gave them a Right to the Twenty Miles above the Neck, it was to the same Purpose, whether the words TO ITS EXTENT, or the Words TWENTY MILES, were made use of, or words to that purpose. A very Satisfactory and Convincing Thing indeed! If the Mortgages, or Deeds, or whatever they are of the Complainants, gave them Twenty Miles into the Woods, they would have had that, whether they agreed with the Defendants, or not; and then, neither the Words TWENTY MILES nor TO ITS EXTENT signified any thing, taken in that sense; and this might have been as good a Reason for concelling the whole Agree­ment, by telling them, Gentlemen, if your Mortgages, &c. gives you so much or so much, you'll have it, and there's no need of any Agreement at all: 'Twas a fit time to tell them so, and one stroke of the Pen could have been as easily and as arbitrarily drawn thro' the whole, as thro' the words Twenty Miles, if his gravely telling them so, was a sufficient Reason for doing it; and how could the Complainants have helped themselves, if he had, seeing they had desisted to make the Proffers they might have made by the Ship, in confi­dence of this Agreement, and seeing by this time the Ship was at Sea, and impossible to be overtaken? Tho' its clear enough, by what's before, that the Complainants had not agreed to the striking out the Words TWENTY MILES; yet, were it doubtful before, this Answer of Mr. Philipse's puts it past all dispute, that they had not so agreed; for, if they had, he would not have been under any necessity of Satisfying them of the Reason of his doing of it at this time, as by this Answer of his, he says, he did —7—

The Additional Agreement, and Mr. Philipse's Purchase shall be Observed on in further places.

Observations on Charge 4th.

ITs to be Observed, That in fol. 145. of the Answer, the Defendant Philipse says, That Nature makes a NECK, and that the same cannot go further than the Water makes it so. Which, by what appears in the First Charge, under the Letters (b) (i) (k) (l) and (m) confines the Great Neck to the Markt Trees at Westchester-Path; And in fol. 106, he Swears, He always was, and still is of Opinion, that neither of the Necks extend further than Nature makes them so; Upon which no small stress has been laid. But, with all due Deference to that his OATH, the Complainants will beg leave to assign a few Instances, wherein he either understood the Necks to go further, or his Actions did not square with his Opinion or Understanding of the Necks, or, in plain English, meant one thing, and said, acted and transacted another.

First Instance. Let the Reader turn back to pag. 10. of the Decree, where he will find this Clause in the Articles of Agreement, Ask whereas it does not appear that the LINE running into the Woods, between the said GREAT NECK and the said WESTERMOST NECK, has ever been settled, run [Page 42]or markt out, or own the Course that it ought to run, appointed or limited, which may occasion Differences between tix Parties aforesaid, if the said Jacobus van Courtland should purchase the Reversion of the saide WESTERMOST NECK. It appears in the 2d Charge, No. 2. that Mr. Philipse transacted that Agreement for Mr. Courtland; Then, the Candid Reader, and all the World besides Mr Philipse, will understand by that Clause, That the GREAT NECK and WEST NECK, were such things, as were capable of having a LINE between them, running into the Woods. And Mr. Philipse knows b [...]t whether he did not understand so too, by the words GREAT NECK and WEST NECK there, and LINE between them; And if he did not, he can best tell what he meant by them there; For sure it is, if the GREAT NECK extended no further than where the Water comes up, (as he Swears, he always understood) it could not be divided by a LINE from the WEST NECK, it being already seperated from it by the Water; and if it was such a thing as was to be seperated by a LINE, from the WEST NECK, Un­doubtedly, that LINE must begin where the Water ceased to seperate them, and from thence to run into the Woods; and on the one side of that LINE, (by that Clause) was the GREAT NECK understood to run, and on the other, the WEST NECK; which is further than what the Water, or Nature makes to be a Neck.

The Complainants say, The Almighty made every thing that is upon the face of the Earth, but did not assign Names to them, but left that to Man to do, and that some Men assign one, and others another Name to the same thing; and some by one Name understand one thing, others by the same Name under­stand another thing. For Exemple, The Geographers and the Learned World, understand by a Neck of Land, that which joyns a Peninsula (or what's al­most an Island) to the Continent or Main Land; and the similitude seemeth to be drawn from the human Body; for as the Neck there joyns the Head to the Body, so a Neck of Land joyns a Peninsula to a Continent; and there, neither the Peninsula nor the Continent are understood to be included in the Neck, no more than the Head or Body of a Man are included in his Neck. Mr. Philipse again, being a little more favourable to the Complainants, than the learned World, in the meaning of a Neck of Land, allows it to contain, not only what the Learned World understand by a Neck of Land, but also the Peninsula it self, or something in a gross way, allows the Head to be part of the Neck: This certainly is favourable! seeing the Complainants can show no Title to the Peninsula, more than to the part of the Main Land they claim; and of Consequence, had he dealt with them so hard as the Learned World, (it seems) would do, instead of 320 Acres, that he allows them, the learned World would not have left them, perhaps, the 20 Acres; so the 300 is a piece of meer Favour and Grace.

But others again, (in still a more gross and vulgar way) such as Governour Lovelace, John Richbell, John Rider, Robert Richbell, Steenwick, Kelland, Edward Richbell, and the Complainants, by the Patent and Deeds before Printed, tell you plainly, that they understand, that a Neck of Land con­tains, not only the Neck, (as the Learned World understand it) and the whole Peninsula, (as Mr. Philipse is so favourable to understand it) but also a part of the Main Land besides; and even Mr. Philipse by his Words and Actions, for near one year (as by this and the eleven following Instances will appear) had the same way of Thinking of a Neck too. The Complainants [Page 43]don't deny that the Name is gross, and far from being accurate and expressive the thing meant; but its s [...]me Excuse, that the whole Herd of Statuaries and Painters have given as gross and unapt Names from things meant by them; As, By what they call a Head, they mean Head, Neck and Shoulders. Our Fore-Fathers, (whom we ought not to despise) have by a Yard of Land, meant often, many Acres, whereas the Learned World, by A Yard of Land, don't mean so much as the Four hundreath part o [...] one Acre. Nay, for one Name that's accurately Expressive, of the thing meant by it, the Complainants will be at no great loss to assign ten Names that are not. But had the Complai­nants no such Presidents of Vulgar Conceptions to cite, they think its a sufficient Excuse, that its the Liberty and Priviledge of Mankind to assign such Names as they think proper to Things, and also to assign such Meanings as they think proper to Names; and if a Man will call his Land, or any part of it, a Head, a Neck, a Shoulder, a Hand, a Finger, or a Toe, &c. who can hinder him? And if he tells you, that by the Name of Head, Neck, Shoul­der, &c. of Land, he means a Tract bounded so and so, what reason can there be to mis-believe him? for he certainly best knows what he means by the Names he uses. What right has the Learned World, or Mr. Philipse, to say to the Parties to all the before Deeds, We understand so and so by the word NECK, and you shall not have the Liberty of understanding otherwise? The Complainants say, the Learn [...]d World have no such Right, and far le [...]s Mr. Philipse; and that neither have [...]ight to impose Names or Meanings on any Body, but as the Liberty of every ones Meaning and Naming for himself, has hitherto existed, [...]oth [...]y hope that Liberty will continue, notwithstanding all the Efforts of Mr. Philipse to the contrary.

Second Instance. Let the Reader turn to the 3d Clause of the Agreement, in pag. 10 [...] 11, which has these Words, And shall proceed from thence to take a View of the said Great Neck and the Westermost Neck, and after they have so viewed the [...], will endeavour amicably, betwixt themselves, to settle the Line [...] into the Woods, betwixt the same Necks. We shall sup­pose the Words Twenty Miles had not been there, and the Articles always to have been as Mr. Philipse has taken upon himself to alter them, as appears in the 3d Charge; and were they even so, Can any man who reads that Clause, think it was the understanding of the Parties, who transacted that Agreement, that the GREAT NECK and WEST NECK were such Things as were not capable of [...] a LINE between them? But if what Mr. Philipse Swears be [...] understood so there: How consistent his understand­ing will be [...] Readers, is left to be judged of.

Third [...] Let the Reader turn to the Additional Agreement in pag. 11. and [...] and consider it, which, as appears by Charge 3d, No. 7. was [...] Philipse himself, with this, That its confessed by the Answer, pag. 167 [...] Great Neck, so far as the Water makes it a Neck, is much larger [...] West-Neck, so understood. And in fol. 159. its admitted, That the Great Neck, so understood, contains only 320 Acres; and of Conse­quence, the West-Neck contains much less than 320 Acres: And on the whole, let the Reader judge, VVhether by the word NECK, thrice mentioned in that Agreement, there was not more understood, than what he Swears he always understood of the Necks. To lead the Reader the easier to consider [Page 44]this, he finds by that Agreement, it was agreed, That in case the Complainants Agents should [...]tually have finished a Bargain for the aforesaid Westermost Neck, then the Complainants were to convey one half thereof to Mr. Courtland, [...]e pa [...]ing an equal half of the Purchase Money, and bearing likewise a f [...]ll half of all the Incrumbrances, that are upon the said Neck. Now, Suppose the Complainants had made the Purchase of all the remainder of Richbell's Right, (as appears by Charge 3d, No. 5. they were about to have done) and suppose the Defendants then der [...]an [...]ed of the Complainants to perform this Additional Agreement, and to that Demand the Complainants had answered, Gentlemen, We agreed with you, 'tis true, to let you into the half of the Purchase of the WEST NECK, bearing [...]e half of the [...]ncumbrances upon it, and paying one half of the Purchase Money; but we meant by the WEST NECK only so far as the Water makes it a NECK, which contains much less than 320 Acres; Now, if you'll discharge one half of the Incumbrances which are upon it (which by Charge 1st, No. 3. is said by the Defendant, to be as much again as the In­cumbrances on the Great Neck, which are Twenty Thousand Pounds) to wit, the half of 40,000 Pounds, We will Convey to you for it, the half of the WEST NECK (which is the half of much less than 320 Acres) and we will not insist upon the half of the Purchase Money. Now, according to Mr. Philipse's way of understanding the Necks, this would have been a generous Proffer in the Complainants, to have given this Less than 160 Acres, for Twenty Thousand Pounds, when they might have insisted on the half of the Purchase Money besides. That it was Mr. Philipse's Meaning to accept of this generous Proffer of the Complainants, if this case had happened, who can doubt? seeing he Swears, He always was of Opinion, (or, which is the [...]ame) understood the NECKS to run Only so far as the Water; and in this Agreement, nothing more than the NECKS is mentioned (Here's none of his NECKS Running Twenty Miles into the Woods, which he cleverly Di­stinguishes from NECKS so often, thro' his Answer) If this was his Mean­ing, and he thought better to accept than to slight the Proffer of this Agree­ment, as he says in fol. 100. of his Answer, he did; None can deny but that he was then very moderate in his Demands, for half of the Incumbrances on the West-Neck, to accept of much less than 160 Acres for them, and that of Land too, whereon no Improvement was, as appears in fol. 167. of the Answer. But behold! how variable are Sublunary Things, running from one Extream to its Opposite! The Man who was lately Satisfied, to accept of much less than ONE HUNDRED AND SIXTY ACRES of Land, whereon no Improvement was, for TWENTY THOUSAND POUNDS, so great a Change is wrought on him, that for only FOUR HUNDRED POUNDS, for which he has got the Lands Exchanged by Pell, to which he had no Pretence before, and the Reversion of the WEST-NECK, which are admitted to be of much more Value than Four Hundred Pounds, Now nothing less will serve him, for the same Four Hundred Pounds, than to have, over and above that, ONE HUNDRED TIMES ONE HUNDRED AND SIXTY ACRES OF SUCH LAND, and that from People too, who, with their Ancestor, have been above Twenty Five Years in Pos­session of it; People who have Expended a great deal in Improving of it, People who have paid the full Value of it, for it; People whom he had Solemnly agreed with, to have no Difference with them about it. Upon the Whole, the Complainants think, The Candid and Judicious Reader cannot long be at a stand in Determining, That Either Mr. Philipse [Page 45] meant more by the Word NECK, Thrice mentioned in the Additional Articles, than by his Answer, he Swears he always did; Or else He meant to give more than half of the Incumbrances on the WEST NECK, for what's much less than 160 Acres of Unimproved Land. If he meant the first, the Complai­nants think the Reader will be at some Difficulty to reconcile it with his Oath; for the Complainants cannot see how to Reconcile them; And if he meant the last, the Reader will be no less at a L [...]ss to Reconcile his then Moderation, and his now Vast Demands. And the Complainants think, the Man will be of a happy Invention, that can show what else Mr. Philipse meant, if he meant neither of these, barring that of his Meaning as Hackerton did of his Cow, or which is the same, That he meant, that he was to mean by the Word NECK, when the Complainants should Claim; by it, only so far as the Water comes; but when he himself should Claim by it, in that Agreement, then he was to mean all that, and Twenty Miles more. This Third Meaning of Hackerton's the Complainants allow, he might have, and therefore they must barr the Man of Invention from assigning that as another Meaning.

And now the Complainants will come to the Articles of the 4th Charge, for some further Instances of Mr. Philipse's Meaning more by the NECKS than he Swears he ever did. Or, &c.

Fourth Instance. —1— Its confessed, The time appointed by the Articles, for settling the DIVISION LINE, between the GREAT NECK and WEST NECK, was put off by the Defendants. Will Mr. Philipse say, he understood here, that the GREAT NECK and WEST NECK, were not capable of having ANY LINE run betwixt them? If what he Swears be true, he then so understood. But these words, or that act, of putting off the Time for running the DIVISION LINE, between the GREAT NECK and WEST NECK, must with all Men of the common way of Thinking, import, That he understood the GREAT NECK and WEST NECK, were then capable of having A LINE run betwixt them. So either he thinks different from the Common way of Thinking, or his Sayings and Actions differ much from his Meaning. Again▪

Fifth Instance. —2— Let the Reader see again the third Clause of the Agreement, in page 10 & 11, for the view that the Parties were to take, in order amicably betwixt themselves to settle the Line (call it as he has made it) to its Extent into the Woods, betwixt the Necks; And in this 2d Article, Mr. Philipse confesses, he told the Complainants, he designed to come and take a view of the Premisses; the above part of the Articles declares for what pur­pose; upon this, the same Question may be put as in the last Instance, and the same Resolution must be of it; so that at that time also, it would seem, he un­derstood differently of the Necks, from what he Swears he always did.

Sixth Instance. —2— In February, 1723-4, its confessed, it was proposed to meet, viz. for taking a view in order to settling the Line amicably. Upon this, the same Question and Answer may be as before, so he then understood, that the Necks were capable of having a Line between them, or all the Absurdities before must follow.

Seventh Instance. —2— But being hindered, he sent them word by Letter he could not go. From whence, a Man of the common way of Thinking, will [Page 46]understand, that Mr.Philipse, when he wrote that Letter, intended (had he not been hindered) to have gone, in order to settle the Line amicably, betwixt the Great Neck and West Neck; And if he so intended, the like Question and Answer may be as before.

Eighth Instance. —1— He confesses, He proposed afterwards to meet the letter end of March, viz. in order to settling the Line amicably between the Great Neck and West Neck. Upon this the like Question and Answer may be, and so a further time, when he understood differently of the Necks, or &c.

Ninth Instance. —2— But the Arrival of a Vessel hindered him, and therefore he sent another Letter. The like may be said on this, as on the Seventh Instance.

Tenth Instance. —3— Afterwards, he met the Complainants at New-Rochel, viz. for to endeavour, amicably to settle the LINE between the GREAT NECk and WEST NECk, according to the 3d Clause of the Articles. Upon which still, the like Question & Resolution therof may be.

Eleventh Instance. —4— Afterwards, ARBITRATORS were appointed, pursuant to the Articles, for determineing, how the DIVISION LINE between THE TWO NECKS, should run into the Woods. Did he then, as before, understand that the NECKS were not capable, of having A LINE run betwixt them? other Folks would think, that when People solemnly enter into an Agreement about A LINE and appoint ARBITRATORS, to settle how the Course of that LINE should run, that these People really under­stood, there was such a thing as A LINE to be run, which these ARBI­TRATORS were to determine the Course of; but, if what Mr. Philipse Swears be true, he had no such meaning, had no thoughts, nor did not understand, that the GREAT NECK and WEST NECK, were capable of ANY LINE betwixt them, at the same time that he appointed ARBITRATORS to determine the Course of it.

Twelfth Instance. —4— That the 16th or 17th of May, 1724. the Arbi­trators, Mr. Philipse and the Complainants, came to New-Rochel, &c. viz. For determineing how the LINE OF DIVISION should run into the Woods, between the TWO NECKS pursuant to the Articles, upon which, the like Question and Resolution may be, as in the Eleventh Instance.

Above, the Complainants have assigned a Dozen of Instances, and if a necessity were for it, could assign as many more, wherein, according to the Conception of Men of common Reason, the Defendant Philipse, must have understood more by the NECKS, than to where the Water comes up; and that, he understood where the Water ceased to divide THE NECKS, they were to begin to be divided by A LINE, from thence running into the Woods: And if every Man of common Reason, must so interpret his Words and Actions; Why must all these Clamours be against the Court for so under­standing them? when without understanding them so, the grossest Absurdities and Contradictions must of Course follow. But the reason of his Swearing, he always understood so of the Necks, may be guessed at a little; because, if he allows they go beyond the place where the Water divides them, whatever [Page 47]reason will carry them one Foot beyond it, will carry them to the Extent of the Patent; for, let but A LINE be, and he well knows there's no st [...]pping it till it come there. But when he Swore so, he must have either Thought his Antagonists so Blind, as not to see thro' it, or, that if they did, they would not, or durst not [...]enture to point it out: which [...]t he conceived not altogether amiss in, for tho' they very well saw that, and many other things herein set forth, before the hearing, yet they were very loath to Touch upon them, and what they did towards it, was in so tender Touches, as [...]ew but Mr. Philipse himself could gather much from them; and that because, they thought the Deeds themselves, made all clear enough, without dipping into these things; and so the matter should have remained upon that footing only, if so many vile, false and scandalous Reports. Reproaches and Clamours, had not since the Decree, been invented and spread thro this Province, of this Cause, and of the Complainants, and of most who have dared to do their duty in it, (by whose means the Complainants say not, but leave the Reader to guess) that more than sufficiently, give these Complainants cause, to keep the Truth no longer hid.

But to proceed,—5—The Complainants shall agree, that Mr. Philipse now began a little nearer to square his Actions and Words, with what he Swears, always was his Meaning of the NECKS. And in order to that, it being, by the 3d Clause of the Articles of Agreement, in the most Express words agreed, That in case the Parties cannot by themselves agree How the LINE OF DIVISION between the TWO NECKS shall Run TO ITS EXTENT (as Mr. Philipse has made it) into the Woods, Then they have agreed, to leave the Determination thereof to six Indifferent Persons. The first Step that's taken, is to break th [...] [...]hat Solemn, Plain and Express Agreement: That this his Declining to enter into Bo [...]ds, was a breaking thro' it, is plain; for when People agree to leave a Thing to the Determination of others, it cer­tainly must be thereby also tacitly agreed, to do every thing that may be neces­sary to impower these to Determine, and to compel the Performance of what's determined; and the denying to do these things, (as here to enter into Bonds) is a denying to comply with the Agreement, or in plain terms breaking thro' it.—6—The Sequel shows, how much of verity there was in this; if he thought that Power from Mr Courtland, and his verbal assent, impowered the Arbitrators, why would not he also give his Bond; Its said AN HONEST MAN, will never Scruple his Bond where he gives his Word; for AN HONEST MAN, values his Word as much as his Bond, and should think it a Dishonour to him, for any one to think it of less force; but it seems Mr. PHILIPSE here, did not put an equal Value on them.—7—The next step Mr. Philipse took, to square his Actions and his Words, with what he Swears always was his meaning; was, that the Defendant Philipse then observed, that the TWENTY MILES INTO THE WOODS, was A SEPARATE GRANT, and that the NECK, cannot go further than the Water makes it so. How much truth was in this Observation, and whether this was not the first time, he had ever opened his RESERVE, by telling the Complainants so; the Reader is referred to the Patent, Deeds and Decree it self, which fully discuss that matter; and to the 6th Observation on the 3d Charge, to judge by. And how Just, Equitable and Conscionable, his pretension by Edward Richbell's Release is, the Reader is referred, to the first Charge and Observations thereon, to judge by.—8—Mr. Philipses denying, that this was the first time, that he had Expressed his Sentiments about the Boundaries; must appear very Evasive and Ambigu [...]us; when its considered, that a Man may have different [Page 48]Sentiments at different Times, and declaring any of th [...]se, comes up to all this: and this may as well mean, that he had before declared his Sentiments, that the Boundaries of the GREAT NECK, went to the Extent of the Patent, as that they did not; but when its considered, that Mr. Philipse, for near a years time, viz. From the Executing of the Articles to this time, had different Sentiments, even at the same times, viz. a Set of EXPRESSED SENTI­MENTS by his Words and Actions that A LINE was to be run between the GREAT NECK and WEST NECK, as appears from the 12 Instances before, and a Set of RESERVED SENTIMENTS, that NO LINE was to be run at all, seeing [...]e Swears, he always understood the NECKS to reach no further than the Wat [...], and of Consequence, not capable of being divided by A LINE. Now his Expressed Sentiments, its agreed, this was not the first time he declared them, but as to the others, he can hardly show a probability, to induce any Man to believe he did declare them to the Complai­nants before; seeing, his Expressed Sentiments, were so Diametrically opposite thereto. The next Paragraph, viz. And affirms, that he had long before, and at several times, told some of the Complainants, they had a Right to no more than the Middle Neck only; as has been set forth before. When its considered, will appear equally Ambiguous with the last; for, as to what's before the words, as has been set forth before, its agreed he might tell them so, and the Complainants never pretended to any more than the Middle Neck; but they always understood the Middle Neck, to extend further than what he says he understood it, so that that was just nothing. Then does the words, as has been set forth before determine his meaning here, to be theirs or his? No, for the Complainants set forth before, that the Middle or Great Neck, does extend to the Extent of the Patent, and he otherwise, and which of these is meant, is left Ambiguous. The next Paragraph is, The alteration of the Articles, was declared at first sight thereof. The Complainants need not dispute that, seeing, as before, they were not with him at the first sight thereof, as appears by the 2d and 6th Articles, and latter part of the first Article of the 3d Charge, and the Observations thereon; and of Consequence, that declaration was not to them. The next Paragraph is, And at the time of making the alteration, not objected against by them, as is set forth before. That the alteration was objected to, the Complainants conceive plain, from what appears under the 6th Article of the 4th Charge, and Observations thereon. But why did not Mr. Philipse once mention to the Arbitrators, this (so much insisted on) Argument, that he objected to the words TWENTY MILES before hand; it seems very strange, that what he now conceives, so weighty an Argument, should have been intirely forgot by him, and not one word of it thought of, at least Expressed, during all this Arbitration, the Complainants may well say so, seeing thro' all his Answer he does not say he did; but to make up for it, he here introduces in his Answer, concerning the Transactions before the Arbitrators, a repetition of the old Story, in order probably to induce these who read it unwarily, to think that it was a matter insisted on or mentioned before the Arbitrators: but whoever will but read it, with the least Attention, may easily see, its not pretended to be a matter mentioned to the Arbitrators; tho' sl [...]ly so introduced, as to make it seem as if it had. And as its Evident from hence, that this mighty new pretence, of having objected to the TWENTY MILES beforehand, and of having told the Complainants thereof, was not so much as once thought on, or mentioned before the Arbitrators, the Reader is left to judge, whether that gives not a great deal of Ground, to Suspect that to be AN AFTER THOUGHT, as is before hinted, under Charge 3d, No. 2 and 6; for, had [Page 49]such a thing ever been, its hardly reasonable to be supposed, it would have been then forgot; seeing that time, was within a year of the Transaction. And to suspect that Mr. Philipse finding his GRAND ARGUMENT before the Arbitrators (in the next Article) Defeated, by making it so obvious to his memory, that the Facts then asserted by him were untrue: there was a necessity of thinking, or dreaming of some colour or other, to make an excuse, for that flagrant act, of striking out the word [...] TWENTY MILES, after the Con­sideration for the Agreement had been accepted of; and that without Consent of the Parties, as before in the 3d Charge fully has appeared. And when the several places in the Answer, where this Exception or Objection is [...]epeated; ^(a) are carefully consider'd together, these Suspicions will be not a little encreas­ed. Truth is always the same, but the Contrary varies. But these Suspicions, will be much more encreased, when he means that Mr. Philipse is capable of taking, for to gain his Ends (as in the 2d Charge) are considered, with his Swearing concerning his Opinion of the Necks, (as in the beginning of the Observations on the 4th Charge) and concerning the power of Attorney (as in the Observations on the Answer in general.)

And now We come to the GRAND ARGUMENT insisted on before the Arbitrators, —9— which the Reader is desired to turn back to, and carefully to peruse. The GRAND ARGUMENT it may be called, for had it been true, there would have been a great deal of weight in it. As for the other ARGUMENT, That the NECKS are to the Markt Trees, and what's above them is a seperate Grant, it may well be called the LITTLE ARGUMENT, in respect of the Other; in so far, as any Man of very moderate Capacity, by looking over Lovelace's Patent (above, Printed in fol. 1 and 2, of the Decree) cannot be long in Determining, that the Facts of that Argument are Untrue; For its plain, there's not Two Grants, but One Grant, Not Two Tracts, but One Tract, granted thereby. But this Argu­ment appearing so fully Refuted in the Decree, there's no need here of fur­ther showing the Weakness and Littleness of it. But Unluckily the GRAND ARGUMENT falls to the Ground! That Matter being so lately transacted, as within a year, and in so Unhandsom a manner, (as before, in the 3d Charge appears) that it could not but leave lively Impressions of the Circumstances thereof, on the Complainants Minds; which being [...]id before him in so strong a manner, we find it brought the matter too clear in his Memory to deny it. But had this Matter been slowly followed, its submitted to the Reader, Whether, probably, Mr. Philipse would not have in time, Sworn these Things to be True, which he now, before the Arbitrators, so gravely Asserted to be True, and which by his Answer on this Point, he con­fesses, He was Mistaken in. Its also here submitted to the Reader to judge by this, Whether Mr. Philipse be any way entitled to the Observation con­cerning Memories, in the 6th Article of the 3d Charge? And if he should be of Opinion, That this no ways entitles him to it, then they refer the Rea­der to the Observations on the Answer in general. Its also submitted to the Reader to judge, Whether at that time, had he been in the Complainants Case, he had not a great deal of reason to believe, he should soon be clear of the Pretensions of Mr. Philipse, seeing the ONLY ARGUMENTS he then pretended to use, before the Arbitrators, were so clearly Refuted, as [Page] [Page 50]before; His GRAND ARGUMENT by its UNTRUENESS, and His LITTLE ARGUMENT by the same, and its WEAKNESS to­gether. —10— This Sequel shows, That the Arbitrators were not of Opinion, that the Words of the Parties were sufficient to Impower them to Determine this Matter, as Mr. Philipse asserted; and that they were ready to do it, if the Parties would sufficiently impower them. But notwithstanding that, —11— Mr. Philipse again declined to enter into Bonds to impower them, tho' pressed to it by the Complainants; which, with his saying, He must ask Mr. Courtland first, before he would stand to the Articles, was a beginning, in express Terms, to declare, he intended to break thro' that solemn Agreement. —12— How Groundless and Unfair must this Pretence of his be, that he would not submit it in a proper manner, to the Arbitrators, who were so willing to Determine? when, in Conscience, he ought to have done it, seeing it had been so Solemnly agreed to be done. And how vexatious must the Reader think it, to have given the Complainants the Trouble of so many Meetings, to settle this matter amicably, when it would seem, he had no intention of doing it? And [...] must Mr. Philipse have been, of the Unreasonableness of his Pretence, that he would not even Refer it to Mr. Richbell, who granted the Deeds of both Parties, and who must be sup­posed to know what he meant by the Deeds he gave to both of them. —13— And who must the Reader think the cause of, and to blame for This Expensive Suit, when Mr. Philipse here tells plainly, He would not stand to the Agreement, nor give the Complainants any hopes of ending the matter by any fair means; but continued to lay claim to, and threatned to take away from the Complainants, their Antient Possessions and Title, which, as before, stood them in above Twenty Thousand Pounds, and instead of it would leave them only 320 Acres, which, he confesses, would not bring in the Interest of the Money, that they had laid out in improving of it; which was, in effect, leaving them nothing for their Twenty Thousand Pounds. And he must have for his 400 l. Sterling, not only all the Lands exchanged by Pell, and the Reversion of the whole West-Neck, as it extends Twenty Miles into the Woods from Westchester Path, which are not denyed, tho' expresly charged to be of much greater Value than Four Hundred Pounds; but he must also have for the same Money, the whole TWENTY MILES into the Woods of the GREAT NECK, which is not denyed, tho' expresly charged to be Much above Twenty Times the Value of that Four Hundred Pounds. How Conscionable, Equitable and Agreeable to the Intention of all Parties this Pre­tence of Mr. Philipse is, the Matters of the first Charge have shown; What handsom Means have been attempted and taken to obtain this Pretence, the Matters of the 2d and 3d Charge about Treating with the Complainants Corre­spondents, and Striking out the Words TWENTY MILES, are a pretty Specimen: And how clear this Pretence is, of Contradictions and Absurdities, and how agreeable to these express Agreements, printed in fol. 9, 10, & 11, and to Mr. Philipse's expressed Sentiments, Actions and Transactions, till the Meeting of the Arbitrators at Mamaroneck, by the Matters of the 3d and 4th Charge, is something apparent; And how closely he has kept up to Veracity and Truth, with and without Oath, the Twelve Instances and his Arguments before the Arbitrators, give some Information

Upon the Whole, The Complainants doubt not, but that the attentive, honest and impartial Reader will easily and soon Resolve the sole Question, in this Case, viz. Whether Mr. Philipse or the Complainants be in the Right? [Page 51]and will be able already to guess a little whether Justice has been done to the World, in the Clamours Trumpeted about amongst them, and whether Fals­hoods have not been imposed on the World for Truths? And whether Truth hath not past for Falshood? Whether Honesty has not past for Dishonesty, and Dishonesty past for Honesty, &c.? And for more Particulars, the Reader is referred to the Observations on the Answer in General, To which the Com­plainants will now proceed.