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B18620 The case of Sir Robert Dashwood, Knight and Baronet, Sir Samuel Dashwood, Knight, John Pery, and Edward Noell, Surviving executors of George Dashwood, Esq; deceased, in trust for minors, the younger children of the said Mr. Dashwood, appellants, from a decree and several orders in the Court of Exchequer, wherein they and others are defendants at the suit of Sir John Champante, Knight, complainant. Dashwood, Robert, Sir, 1662-1734.; Champante, John, Sir, d. 1708. 1690 (1690) Wing C999B; Interim Tract Supplement Guide L.R.305.a.7.[44]; ESTC R227821 6,067 2

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The CASE of Sir Robert Dashwood Knight and Baronet Sir Samuel Dashwood Knight John Pery and Edward Noell Surviving Executors of George Dashwood Esq Deceased in Trust for Minors the younger Children of the said Mr. Dashwood Appellants from a Decree and several Orders in the Court of Exchequer wherein they and others are Defendants at the Suit of Sir John Champante Knight Complainant 4. Aug. 1671. The Undertaking was for Five Years from 25th Decemb. 1670. to 26th Dec. 1675. 8. Nov. 1671. THE Lord Ranelagh Sir Alexander Bence Sir James Hayes Robert Huntington Richard Kingdom John Bence Joseph Dean John Stepney and the Testator Mr. Dashwood by Letters-Patents under the Great Seal of England were concerned in the Undertaking for Management of the Revenues of Ireland from 25th Dec. 1670. to 26th Dec. 1675. and no longer and by Commission also under the Great Seal dated 23th Sept. 1671. the said Undertakers or in their resepective absences most of them living here in England several Persons therein named as their respective Representatives or a Quorum of such five of them as are therein particularly named were appointed to manage the undertaking until the said 26th Dec. 1675. and no longer and by Articles between the Undertakers the Lord Ranelagh was to have and bear four 12th Shares and Mr. Dashwood and each other of the Undertakers one 12th Share of all Profits and Lossess by the Undertaking But the Representatives had no Interest in the Undertaking and only acted for the respective Undertakers for a Salary allowed them by each Undertaker Sir John Champante was appointed Treasurer of the Undertaking and by his Commission which recites the said Commission to the Undertakers was appointed to receive and pay all Money relating to the Undertaking during the Continuance of his said Commission in such manner as he should be directed in Writing signed by the said Quorum of the Undertakers or their Representatives and not otherwise Sir J●hn Champante's Accompts to the 26th Decemb. 1673. were stated and drawn into two Accompts one for 1671 2 and the other for 1673 and afterwards were examined allowed of and subscribed by a Quorum of the Undertakers or their Representatives and are not questioned 8. May 1674. Dashwood's Assignment Bill in Ireland Geor●e Dashwo●● by Indenture assigned his Share in the Undertaking to Sir James Hayes and from that time Sir James Hayes was to stand in the place of Mr. Dashwood as to all Profit and Loss by the Undertaking Of this Assignment Sir John Champante soon after had notice and from the time of the Assignment Mr. Dashwood never intermedled in the Undertaking nor further concerned himself therein Sir John Champante brought his Bill in the Exchequer in Ireland against my Lord Ranelagh and some others and amongst others named therein the Testator Mr. Dashwood and thereby demanded against them the Sum of 36454 l. 8 s. 8 d. as due to him upon two pretended stated Accompts made up and stated about October 1677. by one Edward Roberts by colour of an Authority given to him by the said Sir James Hayes and Mr. Stepney without the privity or consent of any of the other Undertakers one of the Accompts being from 25th Decemb. 1673 to 25th Decemb. 1674. and the other Accompt from 25th Decemb. 1674. to the 24th day of June 1677. But finding after he had filed his Bill that the Undertakers then concerned could falsifie those Accompts in 12295 l. in one intire Summ Champante and Roberts alone and without the privity of the Undertakers about January 1678. being above 12 Months after the pretended Accompts were stated altered the same and cut out and destroyed the whole Charge-part of the Accompts being many Leaves and caused a new Charge-part to be written over again and fixed the last Leaf containing Roberts's Approbation of the Accompts to the Leaves so new added To the Bill in Ireland Mr. Dashwood never appeared and died 8th March 1682. 8. Mar. 1682. long before the Case there was brought to Hearing and the Suit was never revived there against the Appellants his Executors nor they ever called to or made parties to the Bill or the Accompts But 11th June 1684. Champante obtained a Decree in Ireland against the Lord Ran●lagh and some others of the Undertakers which were then alive for 24159 l. 8 s. 8 d. besides Costs Bill in England 6. May 1675. 58756 l. 4 d. Sir John Champante afterwards exhibited his Bill in the Exche●uer in England against my Lord Ranelagh and several others and amongst the rest against the Appellants the Executors of Mr. Dashwood and thereby demanded the 24159 l. 8 s. 8 d. decreed in Ireland 17350 l. for Monies he pretends he stands bound for and 9180 l. for Money he ●retends he advanc'd besides other Principal Monies Gratuities Commission-Monies c. not included in the said Accompts amounting to 34596 l 11 s. 07 d. his Demand in ●ll amounting on the 6th of May 1675. to 58756 l. 0 s. 4 d. ⅛ and Interest for the same ever since which was the first time the Appellants ever heard of Sir Jo. Champate's Demands against them Appellants Answer To this Bill the Appellants by their Answer amongst other things insisted That their Testator had but a 12th Share in the Undertaking and had assigned as abovesaid and that Champante soon after had notice thereof That the Appellants being only Executors in Trust for Minors being alarm'd with so great a Demand and especially it being founded as was pretended upon a stated Accompt and knowing their Testator had assigned as before is set forth having found amongst his Writings a Counter-part of the said Assignment inquired into the said Accompts and Mr. Roberts's authority and presently discovered that the great Summs that made up the Foot of the said pretended Accompts were Monies pretended to be advanced and borrowed by Sir John Champante for the Undertakers long after Mr. Dashwood's Assignment and without his order or privity and after the end of the Undertaking and that Roberts had not fairly stated the said Accompts nor had any concluding authority to state the same That the Cause being at Issue the Complainant in Trinity Vacation 1688. Trinity Vacation 1688. took a Commission into Ireland for Examining Witnesses and the Appellants joyned in the Commission and sent a Person into Ireland on purpose to look after their Witnesses and to attend the Execution of the Commission who got some of their Witnesses Examined But one Mr. John Beesley who was Imployed as a Clerk in the Undertaking under Sir John Champante and could have proved that Sir John Champante had notice of the Assignment from Mr. Dashwood to Sir James Hayes was at that time sick at Sligo far distant from Dublin and so could not be Examined at that Commission and Mr. John Hayes who also was then in Ireland and could have proved the Notice to Sir John Champante was made a Defendant to prevent his Testimony and could not be