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A78559 The case of Sr John Champante, Kt. respond to the appeal of Sir Robert Dashwood, Knight and Baronet, Sir Samuel Dashwood Kt. John Perry and Edward Noel, surviving executors of George Dashwood, Esq; deceased appellants. Champante, John, Sir, d. 1708.; Dashwood, Robert, Sir, 1662-1734. 1685 (1685) Wing C1924B; ESTC R213759 4,501 1

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The Case of S r John Champante K t Respond TO THE APPEAL of Sir Robert Dashwood Knight and Baronet Sir Samuel Dashwood Kt. John Perry and Edward Noel surviving Executors of George Dashwood Esq Deceased Appellants RICHARD Earl of Ranelagh and Eight others whereof George Dashwood the Appellant's Testator was one by Indenture under the Great Seal of England contracted and became Undertakers with King Charles the Second to receive the whole Revenue of Ireland and to pay the whole Charge of that Kingdom contained in the Civil and Military Lists for five Years ending the 26th of December 1675 and had two Years time afterwards for Collecting the Arrears and making good the Payments grown due within the five Years A Commission under the Great Seal of England issued to the said Undertakers and in their absence in Ireland to others therein by them named to be their Representatives wherein Mr. Edward Roberts was named by the said George Dashwood to be his Representative and to act on his behalf In Virtue of which Commission the now Respondent was duly constituted Deputy-Receiver-General Vice-Treasurer and Treasurer at War who entred into Bonds of 10000 l. penalty for the execution of the said Places and Performance of his said Trust which he all along faithfully performed But the said Revenue proving defective or at least not coming in fast enough to answer the Ends and Uses of the said Undertaking and the Undertakers being pressed to make payments according to their Contract the said Undertakers and their Representatives or so many of them as were requisite in that behalf to comply therewith did by several Orders and Letters importune and direct the Respondent to Advance and Lend and to procure from others what Money he could upon the credit and towards the support of the Undertaking and Undertakers under promise of being repaid and indempnified and for which there was to be an allowance of 10 per Cent. the usual Interest in Ireland besides Gratuity and Commission-Money Many if not all of which Letters and Orders were signed by George Dashwood or the said Roberts his Representative Pursuant whereunto in order to support and preserve the Credit of the said Undertakers and Undertaking the Respondent did lend and advance great Sums of his own and by direction of the Undertakers in England did become bound to Sir John James and others residing in England then unknown to the Respondent for great Sums of Money which were procured by the Undertakers all which Money so lent and procured by the Respondent were duly applied to the Uses of the Undertaking and the Undertakers for so much were discharged against the King upon their Contract Two several Accounts the one ending Christmas 72 the other at Christmas 73 between the Undertakers and the Respondent touching the Undertaking were made up stated and examined by the said Roberts and others employed by the Undertakers for that purpose and duly signed and passed upon the foot of which last Account there was a ballance of 5622 l. due to the Respondent which together with the other Moneys afterwards lent and secured by the Respondent for the Use and Credit of the Undertakers and Undertaking besides what the Undertaking produced did amount to above 24000 l. principal Money besides Interest Commission-Money Gratuity To obtain satisfaction wherein and to have his Accounts setled the Respondent used great Importunities with the Undertakers who all along owned the great service and kindness he had done them by crediting them and the Undertaking so far and promised to give Directions for stating and setling Accounts and to take effectual care for his payment and satisfaction And in order thereunto about June 1677 Sir James Hayes one of the Undertakers went into Ireland and he with John Stepny Esq another Undertaker and John Hayes Brother of Sir James and interessed in the Undertaking having sufficient power as they pretended and as the Respondent believes from all the Undertakers to settle and conclude the Affairs of the Undertaking they being the only persons then acting therein in August 77 impowered the said Roberts by an Instrument under their hands to make up state and certifie the Respondent's Accounts from the 25. of Decemb. 73 to the 24th of June 77. In pursuance whereof the said Mr. Roberts who was the same person imployed and relied upon by the Undertakers to make up the former Accounts with the assistance of the Secretary of the Undertaking and two of their Clerks spent several Months in stating the Respondent's Accounts and comparing them with the Vouchers which justified the said Accounts in all things and after the strictest scrutiny imaginable two distinct Accounts were made and closed in the same method as the two former Accounts the one commencing the 25th of Decemb. 73. and ending 25 Decemb. 74 and the other going on from thence to 24 June 77 upon the foot of which last Account there remained a Ballance for principal Money not reckoning Interest Commission-Money nor Gratuity the Sum of 36454 l. 8 s. 8 d ¼ And thereupon all the Respondent's Vouchers were delivered up and Abstracts thereof and of the Accounts were delivered to the Undertakers or their Representatives But the Sum of 12295 l. which the Respondent had received from Sir John Jame's Agent as borrowed Money and as such had given Bond and became lyable for the same by the direction of the Undertakers not appearing at the time of making up the said Accounts but afterwards to be Money due to the Undertaking the said Edward Roberts thought it proper to enter a Memorandum thereof in the Accounts which caused a change and transcribing of some of the leaves but no alteration of any Sum Article Figure or other thing in the said Accounts save the entry of the said Memorandum which reduced the ballance to 24159 l. 8 s. 8 d ¼ as is fully in proof in the Cause and hath been cleared to the satisfaction of the Courts of Exchequer both in England and Ireland at the respective Hearings of the cause notwithstanding any seeming Reflections upon the Respond●nt concerning the same It being evident that the Respondent had not nor could have any Advantage if the said Memorandum had not been incert●d for 〈…〉 obliged to pay the 12295 l. as above and when it was ●●●●●vered to be paid in England and so not to be allowed again to the said Sir John James in Ireland he had his Security delivered up which made the matter equal to this Respondent The Respondent notwithstanding many promises not being able to get the Money due to him was forced to exhibit his Bill for that purpose in the Exchequer in Ireland against the said Undertakers and their Representatives some of which being brought to hearing and the Bill against others taken pro Confesso a Decree was made for the now Respondent's recovering the said 24159 l. 8 s. 8 d. ¼ against the then Desendants with his Costs no mention