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.
      
       
         
           1685
        
      
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         99896904
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             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.
          
           1 sheet ([1] p.)
           
             s.n.,
             [London? :
             1685?]
          
           
             Lpro copy found with items from the 1680s; May 1685 is latest date in text.
             Reproduction of original in the Folger Shakespeare Library, Washington, D.C.
          
        
      
    
     
       
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         eng
      
       
         
           Dashwood, Robert, -- Sir, 1662-1734 -- Trials, litigation, etc. -- Early works to 1800.
           England and Wales. -- Parliament. -- House of Lords -- Early works to 1800.
           England and Wales. -- Court of Chancery -- Early works to 1800.
           Finance, Public -- Ireland -- Early works to 1800.
           Complex litigation -- England -- Early works to 1800.
        
      
    
     
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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
           being
           made
           of
           Interest
           ,
           Commission-Money
           ,
           or
           Gratuity
           ,
           but
           that
           left
           to
           be
           recovered
           afterwards
           )
           .
           But
           the
           Earl
           of
           Ranelagh
           exhibiting
           a
           Cross-bill
           against
           the
           now
           Respondent
           ,
           procured
           a
           Re-hearing
           of
           the
           Cause
           ,
           which
           being
           had
           ,
           and
           taking
           up
           six
           several
           days
           ,
           in
           June
           1684.
           
           The
           said
           Court
           of
           Exchequer
           approved
           the
           Authority
           given
           to
           Roberts
           ,
           and
           the
           Accounts
           by
           him
           made
           ,
           the
           Undertakers
           and
           their
           Representatives
           having
           free
           access
           to
           all
           the
           now
           Respondent's
           Books
           ,
           and
           to
           all
           the
           Offices
           of
           Cheque
           in
           that
           Kingdom
           ,
           and
           having
           in
           their
           Custody
           the
           Respondent's
           Vouchers
           delivered
           up
           ,
           with
           several
           other
           particular
           Accounts
           of
           his
           daily
           Receipts
           and
           Payments
           ,
           the
           said
           Court
           upon
           full
           and
           mature
           deliberation
           of
           the
           whole
           matter
           ,
           was
           pleased
           to
           affirm
           the
           former
           Decree
           ,
           as
           well
           against
           the
           said
           Earl
           ,
           as
           other
           the
           Defendents
           ,
           for
           paying
           to
           the
           Respondent
           the
           said
           24159
           l.
           8.
           s.
           8.
           d.
           ¼
           .
        
         
           
           That
           Decree
           proving
           in
           a
           great
           measure
           ineffectual
           in
           Ireland
           ,
           in
           regard
           the
           Appellant's
           Testator
           ,
           (
           upon
           whose
           credit
           and
           ability
           the
           Respondent
           mainly
           depended
           in
           his
           whole
           proceedings
           )
           and
           some
           other
           of
           the
           Undertakers
           having
           no
           Estates
           nor
           Effects
           there
           ,
           but
           living
           in
           England
           ,
           the
           now
           Respondent
           was
           forced
           to
           exhibit
           his
           English
           Bill
           in
           the
           Exchequer
           in
           England
           ,
           in
           
           Easter-Term
           1685
           ,
           against
           the
           surviving
           Undertakers
           ,
           and
           the
           Executors
           and
           Administrators
           of
           those
           deceas'd
           ,
           for
           obtaining
           what
           was
           due
           to
           him
           ;
           being
           at
           that
           time
           about
           56000
           l.
           for
           Principal
           ,
           Interest
           ,
           Commission-Money
           ,
           and
           Gratuity
           (
           and
           no
           part
           thereof
           since
           paid
           )
           .
           The
           Defendants
           to
           the
           said
           Bill
           (
           whereof
           the
           now
           Appellants
           were
           some
           )
           used
           so
           great
           delay
           ,
           that
           it
           was
           four
           years
           before
           the
           Cause
           could
           be
           brought
           to
           an
           hearing
           .
           And
           for
           further
           delay
           a
           Cross
           bill
           was
           exhibited
           by
           the
           now
           Appellants
           ,
           and
           other
           the
           Defendants
           in
           the
           same
           Term
           ,
           the
           Respondents
           Cause
           stood
           for
           hearing
           ,
           with
           design
           to
           put
           off
           the
           hearing
           of
           the
           Respondent's
           Cause
           ;
           however
           it
           came
           to
           hearing
           in
           
           Easter-Term
           1689.
           
           And
           then
           ,
           and
           in
           
           Trinity-Term
           following
           ,
           it
           took
           up
           eight
           days
           ;
           and
           the
           Court
           did
           decree
           the
           two
           first
           Accounts
           made
           up
           by
           the
           said
           Mr.
           Roberts
           to
           be
           final
           and
           conclusive
           .
           And
           as
           to
           the
           two
           last
           Accounts
           ,
           made
           up
           till
           Midsummer
           1677
           ,
           the
           Court
           considering
           the
           impossibility
           the
           Respondent
           lay
           under
           ,
           by
           reason
           of
           the
           length
           of
           time
           ,
           and
           the
           present
           state
           of
           Ireland
           ,
           and
           delivery
           up
           of
           his
           Vouchers
           to
           come
           to
           a
           new
           Account
           for
           the
           same
           ,
           did
           not
           think
           fit
           to
           adjudge
           them
           conclusive
           ,
           nor
           to
           reject
           or
           disallow
           of
           the
           same
           as
           stated
           and
           closed
           Accounts
           ;
           but
           in
           case
           the
           Defendants
           had
           any
           material
           Objections
           to
           offer
           against
           the
           particulars
           thereof
           ,
           it
           was
           referred
           to
           the
           two
           Auditors
           of
           the
           Imprests
           to
           inspect
           and
           examine
           the
           same
           ;
           and
           also
           whether
           the
           same
           were
           made
           up
           and
           stated
           in
           the
           method
           of
           the
           two
           former
           Accounts
           ,
           and
           wherein
           they
           did
           agree
           or
           differ
           from
           the
           same
           ;
           and
           decreed
           the
           Respondent
           to
           be
           examined
           upon
           Interrogatories
           ,
           and
           the
           Auditors
           to
           resort
           to
           the
           Court
           for
           Directions
           ,
           in
           ,
           case
           of
           difficulty
           .
        
         
           That
           some
           of
           the
           Defendants
           pretending
           they
           could
           shew
           Reasons
           why
           they
           should
           be
           exempted
           out
           of
           the
           said
           Decree
           ,
           from
           going
           to
           an
           account
           before
           the
           said
           Auditors
           ,
           there
           was
           a
           Clause
           in
           the
           said
           Decree
           ,
           viz.
           That
           such
           of
           the
           Defendants
           as
           sought
           to
           be
           exempted
           from
           accounting
           ,
           should
           bring
           their
           Case
           to
           the
           Barons
           to
           consider
           of
           ;
           whereupon
           (
           amongst
           others
           )
           the
           now
           Appellant's
           ,
           whose
           Testator
           lived
           till
           the
           year
           1682
           ,
           brought
           in
           their
           Case
           ,
           pretending
           their
           Testator
           in
           May
           ,
           1674
           ,
           assigned
           his
           Interest
           in
           the
           Undertaking
           to
           the
           said
           Sir
           
             James
             Hayes
          
           ,
           and
           pretended
           that
           the
           Respondent
           had
           notice
           thereof
           ;
           and
           that
           therefore
           they
           ought
           not
           to
           be
           accountable
           from
           that
           time
           ,
           or
           at
           least
           longer
           than
           Christmas
           1675
           ,
           when
           the
           time
           of
           the
           Undertaking
           ended
           .
        
         
           Upon
           hearing
           of
           which
           ,
           and
           upon
           full
           debate
           of
           the
           matter
           ,
           the
           Appellants
           not
           having
           proved
           any
           Notice
           ,
           (
           though
           they
           had
           opportunities
           for
           that
           purpose
           )
           the
           Court
           did
           (
           as
           is
           humbly
           conceived
           was
           just
           )
           declare
           their
           Opinion
           ,
           and
           so
           ordered
           that
           the
           Appellants
           should
           be
           included
           in
           the
           whole
           Account
           ,
           they
           having
           not
           filed
           any
           Interrogatories
           pursuant
           to
           the
           Decretal
           Order
           ,
           though
           the
           Respondent
           all
           along
           offered
           himself
           to
           be
           examined
           .
        
         
           Against
           which
           said
           Orders
           the
           said
           Appellants
           have
           appealed
           to
           the
           most
           Honourable
           House
           of
           Lords
           ,
           under
           pretence
           as
           if
           the
           Court
           of
           Exchequer
           refused
           to
           hear
           their
           Witnesses
           ,
           
             viva
             voce
          
           ,
           to
           prove
           Notice
           to
           the
           Respondents
           of
           their
           Testators
           Assignmment
           .
           When
           as
           in
           truth
           none
           such
           were
           ever
           produced
           ,
           and
           it
           was
           in
           issue
           in
           the
           Cause
           ,
           and
           
             Roberts
             ,
             Dashwoods
          
           Representative
           examined
           upon
           Interrogatories
           ,
           as
           to
           Notice
           of
           the
           Assignment
           ,
           and
           all
           opportunities
           offered
           for
           such
           proof
           ,
           if
           it
           could
           have
           been
           made
           out
           ,
           but
           it
           was
           and
           is
           evident
           that
           none
           was
           ;
           and
           Mr.
           Dashwood
           wrote
           several
           Letters
           ,
           which
           were
           prov'd
           by
           several
           Witnesses
           ,
           and
           his
           Representative
           acted
           in
           Ireland
           as
           concerned
           in
           the
           Undertaking
           ,
           after
           the
           time
           of
           the
           pretended
           Assignment
           ,
           and
           during
           the
           two
           Years
           after
           the
           Undertaking
           ended
           ,
           which
           by
           their
           Indenture
           with
           His
           Majesty
           ,
           they
           had
           to
           collect
           their
           Arrears
           in
           ,
           and
           to
           make
           good
           the
           Payments
           grown
           due
           within
           the
           five
           years
           .
        
         
           As
           to
           passing
           the
           Orders
           complained
           of
           ,
           they
           were
           done
           in
           usual
           method
           ,
           and
           the
           Appellants
           had
           time
           and
           opportunity
           to
           incert
           what
           of
           the
           Answers
           they
           pleased
           ,
           the
           draught
           of
           the
           Decretal
           Order
           being
           left
           with
           their
           Clerk
           in
           Court
           and
           Soliciter
           ,
           a
           Month
           before
           it
           was
           entred
           .
        
         
           And
           as
           to
           the
           incerting
           the
           pretended
           Allegations
           of
           Council
           into
           the
           last
           Orders
           ,
           they
           being
           meer
           Suggestions
           ,
           and
           no
           Memorial
           taken
           of
           them
           by
           the
           Register
           ,
           the
           Order
           was
           drawn
           up
           without
           them
           ,
           as
           is
           conceived
           was
           both
           just
           and
           usual
           .
           Wherefore
           ,
           and
           for
           that
           the
           Appellant's
           pretences
           are
           some
           of
           them
           vain
           and
           groundless
           ,
           others
           utterly
           untrue
           ,
           and
           all
           of
           them
           made
           only
           for
           delay
           ,
           to
           keep
           the
           Respondent
           from
           recovering
           so
           great
           a
           Sum
           of
           Money
           justly
           due
           to
           him
           ,
           his
           being
           kept
           out
           of
           which
           for
           above
           twelve
           Years
           last
           past
           ,
           hath
           reduced
           him
           and
           his
           Family
           to
           great
           straits
           ,
           and
           all
           further
           delays
           will
           tend
           to
           his
           utter
           and
           inevitable
           Ruine
           .
        
         
           It
           is
           therefore
           most
           humbly
           prayed
           ,
           that
           the
           Appeal
           may
           be
           dismissed
           ,
           and
           the
           Respondent
           left
           to
           proceed
           and
           Prosecute
           upon
           the
           said
           Orders
           ;
           and
           Decrees
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A78559-e10
           
             4
             Aug.
             1671.
             
          
           
             23
             Sept.
             71.
             
          
           
             8
             Nov.
             71
             .
          
           
             12295
             l.
             
          
           
             Nov.
             1678.
             
          
           
             May
             1685.