13 Dunster’s Petition to the General Court

    [October 28 1652]

    To the Honoured John Endicot Esq. Governour with the rest of the Honoured Magistrates and Deputyes of the General Court at Boston assembled.

    The petition of Henry Dunster Guardian of the children of Mr. Josse Glover late of Sutton in Surrey and Feoffee in trust in the behalfe of Adam the son of Mr. Adam Winthrop1 late of Boston deceased and Grandchild of the said Mr. Josse Glover.

    Humbly sheweth That whereas the aforesaid Josse after certayn Legacyes set apart for his daughters by will left the main of his estate after his wives decease to his two sons Roger and John and to the survivors of them [. . .]2 as by his will may bee more fully understood. And whereas before any division of their portions or estates the said Roger lately slain at Edenborough hath by will (as it is reported) left the children of his two sisters (Elizabeth late wife to Mr. Adam Winthrop deceased and Sara now the wife of Mr. Dean Winthrop) heyres of that estate which shall bee found to bee his both in Old and New England, and the said John now absent in Old England leaveth all what both hee and his brother Roger pretend unto here in the hands of your petitioner who neither doth know what may properly bee accounted the estate of the one or other brother or of their heyres untill the wisdome and faythfulnes of impartial Judges have the same determined, and thence is enforced to withhold from Mr. Dean Winthrop what hee at least thinketh should come to his heyres and to the orphan of Mr. Adam Winthrop if Roger Glovers Will bee found both real and valid whence proceedeth an inevitable obstruction of justice at least in appearance to the greife and incumbrance of your humble petitioner and the offence of persons that take themselves or their children interested in the said estate.

    May it therefore please this honoured Court for the speedy redresse and removal of the said obstructions and grievances and for the common reliefe and in the behalfe of all sides to chuse and fully to impower or to give leave unto the persons interested to chuse three or five prudent and faythfull Commissioners who may view, hear, peruse, and examine all and singular writings, deeds, instruments, Wills, Evidences, convayances, and Enfeoffments, Cases, and Emergencyes questionable in reference to any of the partyes in this Petition mentioned and to this Country belonging and according to Equity and good Conscience for the satisfaction of all sides and free course of justice the difficultyes and differences that doe or may arise from the premises to issue and determine.

    And your humble Petitioner shall evermore remayn

    Yours to serve

    Henry Dunster

    The generall Court doth grant the petitioners Request thus farr that Capt. John Leverett Mr. Edward Jackson Left. William Davis Capt. Francis Norton and Mr. Joseph Hills shall have power to veiw and examine the differences as is desired and make [. . .] their retourne to the next County Court for Midlesex when it may be ready against the same or else to the next Court for Midlesex after it.3

    voted by the whole Court

    Edward Rawson Secretary

    Henry Dunster Papers. The signature is Dunster’s.