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1705 Exchequer Bill: Sgt Hugh Terence

Attachment to J W Kernohan's letter of 17.3.1920

Exchequer Bill: Wm. Taggert, Plt.
                Wm. Moore, Hugh Terence & James Bratten, Defs.
                Bill 18 May 1705. No Answer.

Plaintiff William Taggert sheweth: That on 19 Oct. 1703 it was agreed
between Plt. and Edward Crawley & Walter Rush, in their own behalf, and in
behalf of the several sergeants, corporals, drummers & private sentinalls
belonging to the Regiment commanded by Col. Thomas St. John, that Plt.
should sail for England and travel to the City of London, with a letter of
attorney and instructions to manage and solicit in behalf of said
sergeants etc. for the proportion of arrears of pay due them on the
English Establishment for their service during the late war in Ireland,
and for such purpose Plt's. costs, less of time and absence from his
family & concerns was to be allowed from each sergeant of said regiment
20/-, each corporal and drummer 14/- and from each private man 7/-, out of
their debentures when received, and the negotiations were to be undertaken
by the Pl. and executed within a year's time, which agreement was reduced
to writing and witnessed. That Plt. at the same time, with the good
security of Thomas Buchanen of the city of Dublin, innkeeper, did enter
into a penal bond in the penalty of 500 whereby. Plt. & Buchanan were
bound to Walter Rush and Edward Crawly to discharge said trust, and which
bond is now in the hands of Rush and Crawly. That Plt. forthwith journied
to England, arrived in London where he stayed some time & thoroughly
inspected and found out the debentures due said Regiment, and used to the
utmost of his power to recover same. That Plt. addressed himself to the
Queen, and afterwards to Parliament, and consulted the Commissioners in
London and inspected their books of a/c, and at last found out and brought
over to Ireland a copy of the accounts of sd Regiment. That in order to
recover the arrears, and finding same were to be paid in Ireland, and
having learned that several Acts of Parliament were passed in England for
payment of said arrears, Plt. bought and brought over a copy of such Acts
of Parliament which required the Paymaster General, Colonels and Captains
to discount with & pay off the inferior officers & soldiers of their
several regiments and respective troops and companies. That Plt. after
transacting all he could in England returned to Ireland, and produced to
Edward Crawly and Walter Rush, and the rest of them then present, said
copies as aforesaid, and acquainted them as to what he had done to their
great satisfaction and approbation, and they engaged as their agent and
solicitor to attend in Dublin to transact for them their several suits
against their several officers to receive the arrears and adjustments the
a/cs, which they said they could not do without Plt's. assistance. That
Plt. accordingly attended to their concerns these 5 terms past & travelled
200 miles each vacation to be present in Dublin in term time, always
bearing his charges at his own expense & his own horses.That on 14 Feb.
last Capt. Wm. Moore one of the Capts. of said Regiment with Hugh Terence
& James Brattan, two of Capt. Moore's Sergeants in Moore's company,
knowing of Plt's. transactions, came in person to Plt. and acquainted Plt.
they could get no more for the arrear for their company but 60-4/-, and
that they were sensible of Plt's pain & charges which they were willing to
reward according to the aforesaid agreement, but in particular they then
engaged that if Plt. forthwith made it appear by the copy of a/cs. stated
in England (and brought over by Plt.) that they were wronged in such share
or dividend in the sum of 45 (their company's proportion according to the
a/c made in England being 103) they would faithfully pay Plt. 20/- for
each Sergeant, 14/- for each Corporal & Drummer & 7/- for each private man
of Moore's Company, provided Plt. made it appear that Moore's Company was
wronged as aforesaid. That Plt. made it appear, with his a/cs brought from
England in a few days that the arrears of Moore's Company was 103-12/10.
and not only recovered for them 42-8/10 more than what the agents of the
Regiment had by their decision allowed each Company, but also recovered
for said Company above 100. That the most part of said money came to
Moore's hands by letters of attorney and letters of admon he had taken out
in the name & behalf on those concerned, yet he not regarding either the
general agreement made with Plt. nor his own and said Terence & Brattan's
in particular, nor the great advantage that accrued to said Company by
Plt's means, he, Moore, with Terence & Brattan do refuse to pay Plt. for
his trouble which according to said agreement amounts to 6-10/- only &
20/- in part of said sum was paid to Plt. by Terence & Brattan, which they
allege would go near to clear & pay off their own proportion of said sum.
That Capt. Moore sometimes pretends he made no such contract & at other
times that if he did yet the money was not his own and he would not pay it
without order. That said dealings are fraudulent and breaches of trust.
Prays that writs may be gtd agst Capt. Wm. Moore, Hugh Terence & James
Brattan to answer.

Bill entered 187 May 1705.

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