M2Cers seem to think there is only one "narrow neck of land" in the entire Book of Mormon. That's what drives their "hourglass" theory of geography.
It is a strange interpretation for several reasons.
For example, the phrase "narrow neck of land" occurs only once in the text, in Ether 10:20. This a Jaredite reference.
A Nephite passage refers to a "narrow neck" without the limiting qualifier "of land." Normally, that omission would be considered significant because a "narrow neck" can be a waterway or a land mass. Omitting the "of land" qualifier suggests a waterway.
Other verses refer to a "narrow pass" a "small neck" and a "narrow passage." These different terms could refer to land or water and would normally be interpreted to refer to different geological features, but M2Cers conflate all these different terms to make their model fit.
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| a "narrow neck" that is not a "narrow neck of land" |
Yet in America in the 1700s and 1800s, people referred to innumerable different places as a "neck of land" and even a "narrow neck of land." A "narrow passage" was defined as a "strait," which make sense anyway.
I discussed some examples from George Washington and Thomas Jefferson here: https://www.lettervii.com/p/narrow-and-small-necks-and-other.html
But the M2Cers rationalize away those examples, apparently because they don't believe Joseph Smith actually translated the plates, and so he wouldn't have used the ordinary language he grew up with (thanks to Royal Skousen and his followers).
So let's look at a few more.
The phrase "neck of land" was a common descriptor used in land deeds. Litigation over the meaning of "neck of land" was even a thing.
In the case quoted at the end of this post, a lawyer wrote, "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."
Everyone interested in the setting of the Book of Mormon should keep that observation in mind.
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A description of Boston in 1769 referred to "a small neck of land of 100 rods at low water, but not 20 at high." 100 rods = 1650 feet. 20 rods = 330 feet. That would qualify as a "small neck of land" far better than what the M2Cers propose.
Captain Cook's journal refers to a "narrow neck of land" on one of his voyages:
the land of the cape, from several situations, has the appearance of an island. It is still more remarkable when it is seen from the southward, by the appearance of a high round island at the S. E. point of the cape; but this also is a deception; for what appears to be an island is a round hill, joined to the cape, by a low narrow neck of land. Upon the cape we saw a hippah, or village, and a few inhabitants; and on the south east side of it there appears to be anchorage, and good shelter from the south west and north west winds
In 1775, the debates between the colonists and the royalists discussed the "neck of land" in Boston:
In pursuance of this part of their plan, the Congress remonstrate to the King’s Governor and General, acting by his immediate authority, against his fortifying the neck of land that leads into Boston, and magisterially require him to desist: Whereas the King has as unquestionable a right to erect fortresses in any part of his dominions, as to erect Beacons, &c.
Thomas Paine described his participation in the conflict:
THESE are the times that try men’s souls: The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly:— It is dearness only that gives every thing its value....
As I was with the troops at fort Lee, and marched with them to the edge of Pennsylvania, I am well acquainted with many circumstances, which those, who lived at a distance, know but little or nothing of. Our situation there was exceedingly cramped, the place being on a narrow neck of land between the North river and the Hackensack.
A 1784 history of New Hampshire includes this passage about "Blind Will."
Major Waldron sent out eight of his Indians whereof Blind Will was one, for farther information. They were all surprized together by a company of the Mohawks; two or three escaped, the others were either killed or taken: Will was dragged away by his hair; and being wounded, perished in the woods, on a neck of land, formed by the confluence of Cochecho and Isingglass rivers, which still bears the name of Blind Will’s Neck.
Jonathan Carver, writing about his travels among the Indians, described a "narrow neck of land."
Not far from the place where they then happened to be, stood two small lakes, between which ran a narrow neck of land about a mile in length, and only from twenty to forty yards in breadth.
A 1791 geography text explains the terms "narrow neck of land" as joining a peninsula to a continent or other land (not two continents) and a "narrow passage" as a strait (waterway).
A peninsula is a piece of land encompassed by water, except on one side where it is joined to the continent, or other land.—An isthmus is a narrow neck of land, which joins a peninsula to the continent or other land.—A promontory is a point of land running out into the sea, the extremity of which is called a cape.—An ocean is a vast body of water; a sea or gulph, a smaller one.—A lake is a body of fresh water, surrounded by land.—A bay is a part of the sea, contained between two shores.—A strait is a narrow passage, whereby seas, gulphs, &c. communicate with the ocean.
William Bartram, describing his travels through North and South Carolina in 1781, used "narrow pass" to describe a waterway.
Should I say, that the river (in this place) from shore to shore, and perhaps near half a mile above and below me, appeared to be one solid bank of fish, of various kinds, pushing through this narrow pass of St. Juans into the little lake, on their return down the river, and that the alligators were in such incredible numbers, and so close together from shore to shore, that it would have been easy to have walked across on their heads, had the animals been harmless.
I could give many more examples, as could any of the M2C scholars who nevertheless insist that these different terms in the Book of Mormon all refer to only one geographical feature.
Because we pursue charity along with clarity, we assume the M2Cers are sincere. They are certainly earnest.
But anyone can see that these terms have long been used to describe common geographical features that make far more sense when interpreting the Book of Mormon than the conflated interpretation that M2C depends upon.
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APPENDIX To the DECREE in the Suit of Palmers, & others, COMPLAINANTS Against Philipse, and others, DEFENDANTS. In Cancellaria Nova-Eborac.
THe generality of the People of this Province, are not unacquainted how much Noise the above Decree has made; tho’ few but the Contrivers of the present Clamours, know the secret Arts and Managery that have been made use of to procure them; and the Ends intended by them are not difficult to guess.
Whether the Court of Chancery be, or be not, rightly founded; or whether the Expence of Prosecuting a Suit in that Court, be too great, or not, cannot affect the merits of this Cause: But the sole Question is, Whether Mr. Philipse or the Complainants be in the Right? And whether the Decree given by the Governour be just, or not?
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Observations on Charge 4 th.
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 2 d 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 3 d 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 3 d 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 3 d, 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 3 d, 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 1 st, 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 4 th 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 2 d 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 3 d 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 16 th or 17 th 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 3 d 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 6 th Observation on the 3 d 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 2 d and 6 th Articles, and latter part of the first Article of the 3 d 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 6 th Article of the 4 th 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 3 d, 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 3 d Charge fully has appeared. And when the several places in the Answer, where this Exception or Objection is _epeated; 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 2 d Charge) are considered, with his Swearing concerning his Opinion of the Necks, (as in the beginning of the Observations on the 4 th 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!
(18c: 1720s; 1727, N02480 / 2. APPENDIX To the.12–12,19¶)
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