that he had neare finished another Comedy which he intended to call the Election of Goatham he proposed to sell the same to this Deft and accordingly in or by a certaine writing or Agreement beareing date on or about the Seaventh of January Anno Dni 1702-3 signed by the Complaynant in Consideracon of one shilling to him the Complt then paid by this deft and for the Consideracon therein and herein after menconed he the said Complaynant did sell or is therein or thereby menconed to sell unto this Defend^t his heires and assignes A Certaine Comedy which he the Complayn^t was then writing called the Election of Goatham and which he was to deliver to this Defend^t on or about the Twentyeth day of ffebruary then next in order to be acted by the Company of Actors under this Defend^{t's} Governm^t assoone as they could conveniently[149] In Consideracon whereof the said Complayn^t was to have all the Receipts of the third day on which the said play should be acted Hee the Complt paying out of the same all the Charges of the house both constant and Incident But if the Receipts on the ffourth day should double the Charges thereof then the Charges of the third should be returned to him and he thereby obliged himselfe to make good the Charges of the second day out of the profitts of the third day in case the Charges of the second day should not arise to soe much Item if the Receipts on the ffourth day of acting the said play should amount to fforty pounds or upwards the said Company was to act it the ffifth day and if the ffifth dayes Receipts should be fforty pounds Then they were to act it the sixth day for the Benefitt of the Complayn^t Hee paying out of the same the Charges of that day But if att any time there should appeare Reason to doubt whether the play would bring Chardges or not Then the Company should not be obliged to act it the next day unlesse he the Complayn^t would oblige himselfe to make good the full charges And lastly the Complaynant was not to print the said play untill a month should be expired from the ffirst day it should be acted and three of the printed Books in Marble paper Covers and Gilt edges were to be delivered into the office for the use of the patentees assoone as the same should bee printed (As in and by the said Agreem^t in Writing last menconed under the hand of the said Complayn^t and to which this Defend^t for more Certainty referreth himselfe ready to be produced to this honoble Court may appeare) And this deft sayth that there being a ffreindship contracted between him the Complt and this Deft and the Complt expressing greate kindnesse to this Deft and telling him of his the Complts want of Money and of his being likely to be arrested for moneys oweing by him prevayled with this Deft to advance lend and pay to him the Complt and to his use the Summe of Seaventy and Two pounds And he the Complaynant in or by one Bond or Obligacon bearinge date on or about the Seaventh