University of Virginia Library

C. APPENDIX C.

[Page 42.]

At a County Court held at Cambridge, April 1, 1656.

Jno. Glover[1] Gent. Plant. against Mr. Henry Dunster Defft. in
an actōn of the case for an acct. of an estate of houses, lands, goods,
and chattels, debts, legacies, and gifts, or other estate, together with
the deeds, leases, and other manuscripts, and evidences thereof, wch
by any manner of wayes or means, eyther have been (or at present
bee) in the possession of the said Henry, or under his rule, costody
or dispose. And of right due and belonging unto the said Jno.
Glover, by the last will and testament of his father Mr. Josse Glover
deceased, or Elizabeth his wife, or their, or eyther of their gifts, or
by the last will of Wm. Harris deceased or otherwise to him the
said Jno. Glover appteyning and of right due and belonging by any
manner of wayes or means whatsoever, and, also for debteyning and
with-holding the same, vizt. both the account and estate, with the
effects and profits thereof and damages to the said Jno. Glover
thereby susteyned.

The Plaintiffe appeared by his attorneyes Edw. Goffe, and Thomas
Danforth, the defft. appeared personally and pleaded to the case,
The Court having heard the Pl't's demands and the proffe thereof,
and Mr. Dunster's acknowledgmts and Answrs wch are upon file
with the Records of this Court, the Jury findes for the plaintiffe,
as appeareth by their verdict given, into Court in writeing (wch is
also upon ye file) theis following p'ticrs.

                                             

Imps. The Inventory as it is brought in	140 00 00
It. The Presse and the p'fitt of it	040 00 00
It. The prise of Mr. Dayes house	030 00 00
It. Debts received by Mr. Dunster	143 00 00
It. More debts received by Mr. Dunster	015 00 00
It. Recd. of Mr. Humpheries	080 00 00
It. The plate mentioned in the Inventory	448 00 00
It. more acknowledged in the Court by Mr. Dunster one silver tankard, and one tipt Jug, and a silver plate.
It. one watch.
It. acknowledged by Mr. Dunster 12 Rheam of refuse paper.
It. The profit of the houses and lands in Cambridge.	177 10 00
It. Given by Mr. Harris	040 00 00
It. Household stuffe at Sudbury	005 00 00
It. The house in Boston sould to Theodore Atkinson	200 00 00
It. Rent received for the farme at Sudbury six years	060 00 00
It. the Rent of the stocke of 15 Kine	067 10 00
It. the prise of eight steers and bulls and fiften kine	118 16 00
It. for the rent received for the farme at Sudbury seaven yeares	042 00 00
It. the rent of meadow	010 00 00
It. two swine	002 00 00
It. Lead pans	722 16 00
	448 00 00
	1170 16 00

It. the farme that Robert Wilson now occupieth to be Mr. Glover's.

It all the Bookes of Mr. Glover's that came to Mr. Dunster,
whereof he promised to give in a Cattologue.

It. the farme that Goodman Rice now occupieth to be Mr. Glover's.

It. that Mr. Dunster shall give to the Court, an account according
to the attachmt when the Honoured Court shall require it.

Charles Chadwicke in the name of the rest.

Execution granted June 17, 1656.

The Court orders that Mr. Dunster shall bring in his full account
to the Court the 9th of May next.

[Midd. Records, vol. I, p. 77, &c.]

At a second Sessions of the County Court held at Cambridge, 9th
(3) mo. 1656.

In the case between Jno. Glover Plant. against Mr. Henry Dunster
Defft. entered at the last sessions of this Court, Mr. Henry
Dunster presented his answr to the Juries verdict in writeing, containing
his account under his hand, also a Cattologue of the bookes.
with some other testimonies in refference to the case, all wch are upon
file with the Receords of the last Court, whereupon the Plaintiffe
not being sattisfied with the accounts presented, The Court advised
both parties to endeavour a peaceable composure of the whole buissines,
eyther between themselves or by able men Indifferently chosen
between them.   [Midd. Records, vol. I, p. 83.]

At a County Court held at Charles-Towne June 19, 1656.

Mr. Henry Dunster Pl. against Mr. Jno. Glover Defft. in an action
of Review of the suite upon attachmt. to the vallue of two thousand
pounds comenced and prosecuted in the last County Court holden at
Cambridge, by the said Jno. or his attorneyes for accounts and estate
pretended to be with-held by the said Henry from the said Jno. As
also for the auditing the accounts, according to the advice of the
Honoured Magistrates, and for the ballancing, setling and satisfying
what upon the said Accounts is right and just to be done, according
to attachmt dated 12th 4th mo. 1656.

The Jury found a non liquet. [Midd. Records, vol. I, p. 83.]

At a County Court held at Cambridge, by adjournment, June 24th,
1656.

Mr. Henry Dunster [sometimes husband to Elizabeth the relict
widow of Josse Glover deceased] Plant. agt. Jno. Glover Gent. Defft.
In an action of the case for debt upon accounts, and for rights and
interests in any wise appertayneing to the said Henry from the estate
now claimed by the said Jno. Glover by vertue of the last will of his
father Josse Glover deceased.

The Plaintive and Defft. appearing in Court legally, They mutually
agreed to referre this case to the Hearing and determination of the

honoured Bench of Magistrates. The Courts determination and
judgmt in the said case is as followeth.

Whereas there hath been some actions and suites of debt, account,
and review, in this Court, between Jno. Glover Gent. And Henry
Dunster his father in Law and Guardian, concerning the estate, under
the managemt. belonging to the said John Glover by the will of
his father Josse Glover deceased, The premises considered, and the
parties consenting to issue the whole case, included in the former
actions, and judgmts to the determination of this Court. The Court
having taken paynes to examine all matters explicitly in refference
to the whole case, doe find the estate of Josse Glover is Creditor,
One thousand foure hundred forty and seaven pounds, nine shillings
and nine pence, and a silver tankard in kinde, also Mr. Glover's
bookes according to Cattologue given in to the Court, to be delivered
in kinde, also the price of a house at Hingham that was received of
Payntree at fifteen pounds.

And the estate, is also justly debtor, one thousand thre hundred
and thirty pounds, one shilling and seven pence, the particulars
whereof are expressed in an account hereunto annexed.

The Court therefore do find for John Glover, one hundred and
seventen pounds, eight shillings and two pence, due from Henry
Dunster, according to the account, leaving some debts explicitly
expressed in the account to the vallue of fifty seaven pounds eleven
shillings foure pence to be further cleared by the said Henry before
any credit be given for him it.

Also we find for Mr. Henry Dunster the lands in Sudbury bounds,
purchased by the said Henry called the farme now in the occupation
of Wilson.

1656. June 25. The Account in refference to the aforenamed
case, being drawn up and examined by the Honoured Court is as
followeth.

                                                                                                                                               

Mr. Henry Dunster is debitor	£.	s.	d.
Imps. To plate	030	12	03
To a tipt Jugg and a watch	006	06	06
To rents of land in Cambrge whiles in Blower's hands	040	00	00
To rents recd of John Stedman for ditto	070	00	00
To rent of ditto recd of Richard French	012	00	00
To rent recd for marsh land all the time	015	15	00
To rent of the slate house all the time	019	14	04
To the house and land at Boston sold Mr. Atkinson	214	00	00
To a Legacy given Jno. Glover by his Uncle Harris	040	00	00
To utensils at Sudbury five pounds	005	00	00
To rent of fourten Cowes six yeares, at 15s pr. cow	063	00	00
To rent of seaven oxen 6 yeares at 20s pr. ox	042	00	00
To the stocke fourten cowes and seven oxen	118	16	00
To rent for meadow	010	00	00
To two swine	002	00	00
To one lead pan sould for	001	02	06
To sale of Bookes	026	10	00
To so much recd of Mr. Thos Fowle	099	11	04
To rents from Boston and Cambridge	049	06	08
To advance upon the Inventory	020	00	00
To advance upon plate	002	17	06
To so much disbursed in building and other things upon Henry Dunster's land in Sudbury bounds	050	00	00
To the Inventory in Goodes	140	00	00
To printing presse and paper	050	00	00
To Mr. Dayes house sold for	030	00	00
To debts recd of severall persons £73 and of Peacock and Sill £8.	081	00	00
To so much received of Mr. Humphery	071	04	09
To plate and other things that I had vies et modies, gift of my wife, not vallued	073	16	11
To plate and bedding for Mr. Harris and Simon Smith	025	00	00
To paper—16 Rheams.	002	00	11
To 2 oxen and one cow killed for the family	020	00	00
To profits of stocke and crop the first yeare of his marriage with Mrs. Glover, not yet accounted for, abating for Servants wages and diet	015	00	00
	1447	09	09
To a silver tankard in kind.
To all Mr. Glover's bookes unsold, to be delivered according to Cattologue.
To a house at Hingham of Panteryes, the value to be made good
Mr. Henry Dunster creditor.
Imps. By lands in Sudbury bounds purchased by the said Dunster, called the farme now in the occupation of Wilson, found in kind to belong to the Plantiffe
By the diet, apparell and education of Roger and Jno. Glover two yeares two mo. after their mother's mariage with the said Dunster till her death at £20.	086	06	08
By disbursemts for the maintenance of Mrs. Glover for diet and apparrell in sicknes and health two yeares and two months, after her marriage with Mr. Dunster, until her death, with a mayd to attend her at £30 pr. annum	065	00	00
By a bill for physicke payd Mr. Ayres	015	00	00
By funerall charges expended for Mrs. Glover	010	00	00
By disbursements for the diet and appl. of Mrs. Eliza. Glover 7 mo. with her marriage feast[2] , being married to Mr. Adam Winthrop	030	00	00
By diet and apparrall for Mrs. Sarah and Mrs. Priscilla Glover, during their mother's life, being two yeares 2 mo. a peece at £16 pr. annum	069	06	08
By diet and expences of Mr. Richard Harris two years and two monthes, it being due from the estate to him for the interest of. £250. of his in the estate at £20 pr. annum	043	03	04
By maintenance of the children after the death of their mother, viz.
By Jno. Glover's liberall education for diet, apparell and schooleing mostly at the Colledge for seven years and two months at £20 pr. anm.	143	03	04
By diet, apparrell of Mrs. Sarah Glover five years at sixteen pounds pr. annum	080	00	00
By so much recovered out of the estate by Mr. Appleton, for his wife Mrs. Priscilla Glover, her maintenance after her mother's death, and before marriage with him	088	00	00
By so much paid for extraordinary expences by Mr. Jno. Glover, as by note of particulars	006	15	00
By charges disbursed concerning nine arbitrations, and pd. for writeings to scrivenrs &c., £2 in all	007	00	00
[3] By debts paid by Mr. Dunster which were due from the estate, in Mr. Josse Glover's life time	334	12	00
By debts made by Mrs. Glover in the time of her widowhood, payd by Mr. Dunster clerely proved	183	15	09
By losses and damages befalling the estate at Sudbury, payd for fencing on John Glover's fame at Sudbury	034	19	03
By expences, rates and suites concerning lands at Cambrge.	045	19	04
By disbursemts. for reparations of the house at Cambridge in Mrs. Glover's life	016	04	00
By repaires of the said house after her death	016	01	04
By cattle added to the estate, vizt. three cowes, one calf, 2 oxen at	031	16	11
By rates payd to the meeting house	002	00	06
	1309	03	07
By so much payd to Mr. Haris for redeeming a tankard, and a porringer of silver, payd him in part of his debt	005	18	00
	1315	01	07
By account of some debts contracted by Mrs. Glover in her widowhood, wch Mr. Dunster alleadgeth he hath payd; not allowed at present for want of cleare proof vizt.
By Mr. King of Lex.	06	12	04
By so much to Mr. Morecroft	25	00	00
By so much to Skidmore Smith	08	00	00
By so much to Mr. Harris	12	19	00
By so much pd. Major Bourne	05	00	00
	57	11	04
By so much pd. to Capt. Kaine being a debt due before marriage as appears by bill	0015	00	00
	1330	01	07

Mr. Bellingham declared his dissent from this account and departed
out of Court before the Court's determination and judgmt.
was drawne up.       [Midd. Records. vol. I. p. 87, &c.]