37 Dunster’s Reply to Appleton’s Reply

    [ca. October 30 1654]

    A Duply to Mr. Apletons reply. As Defendant

    1. 1. Let Mr. Appleton prove to the Honoured Court that there was any illegal ingagements put upon him, by force fraud or any other unrighteous way. Otherwise his sayings satisfy not. Lawful ingagements there weer, and the Act was deliberately don as witnesses and the formal circumstances of indenting sealing etc. do evince. If men may nullify their Acts and deeds on such pretences when shal contentions end, how shall they bee incouraged.
    2. 2. The later part of the 2d is denied. The former part was never by me affirmed, that I remember.
    3. 3. The 3d answereth not myne allegation. For the will giveth the estate after my wives decease to the sons in whose hands soever it was. The Daughters portion being secured by Lands in England, and by that which was in the executors power.
    4. 4. The 4 Grants it to bee unjust to charge it on the sons estate. Mr. Apleton, accounts it unjust to charge it on the daughters. Where then shal it bee charged? And how would this ravel out all [clewes?] of righteousness and peace?

    As plantiff.

    1. To the 1 Let Mr. Appleton who doth affirm it prove that Mr. Dunster hath made himself administrator of Mr. Joss Glovers estate. And what that estate was, or hee saith nothing.
    2. 2d Let him prove the truth of what hee saith. I deny it.
    3. 3. Its denyed. For what the will enjoynes the executors must perform and execute.
    4. 4. The 4th is denyed. The Defendant hath not nor ever had the estate in his hands, on which the will layeth the childrens mentenance, or that shalbee their portions.
    5. 5. Is wholly denyed. The defendant never had such estate in his hand, much less for 12 years. Nor was any profit to arise from a legacy till after demand, had any such summ been in his hand.
    6. 6. The first and last answers not my reasons. Therefore they stand in force.

    Henry Dunster.

    Henry Dunster Papers. See the preceding item for a note about the John Appleton-Henry Dunster suits.