45 Dunster’s Motions

    [ca. April 1656]

    The Defendants motions presented to the honoured Court about the case pleaded.

    That all impertinent witnesses as they whose testimonies reach not so late as my marriage with the relict of Joss Glover may bee waved, and their charges not put on the defendants accounts should the Law finde against him.

    That if the plaintiffs in good conscience bee judged more worth than £20 the present injoyers thereof should make conscionable recompence to the estate.

    seeing the deffendant did not inhance but abate the price to the possessors [thereunto?].

    And seeing that Mr. Daye in law this day is far from being a just apprizer having a suit in the court depending wherin his own personal interest screweth up and presseth value.1

    That before any determinate summ bee audited for the estate my counterpoise may bee layd on the other scale on even ground that the honoured judges may behould the beame with eyes equally fixed on both scales at once. And that therfore copies of what is judged of weight may bee given to the deffendant to answer.

    That if the case bee found for the plantiff sufficient security may by him or his attornies given to the defendant for the said accounts and estate to save the deffendant harmless.

    [Endorsed:] Mr. Dunster’s motion.

    Henry Dunster Papers.