day of January Anno Dni 1702[150] became bound unto this Defen^t in the penall Sume of One Hundred fforty and ffower pounds Conditioned for the payment of the said Seaventy and two pounds with Interest on the Eighth day of March then next And alsoe he the Complt executed a Warrant of Attorney to confesse a Judgem^t upon the said Bond in the Court of Queen's Bench att Westm^r which Judgement was Entred up accordingly as by the said Bond Warrant of Attorney and the Record of the said Judgement and to which this Defend^t referreth himselfe may appeare And this defend^t sayth that he the Complt Steele as an Additional Security for the better payment of the said Debt did by a writing under his hand beareing date the Seaventh day of January Anno Dni 1702[151] assigne and sett over or is therein menconed to assigne and sett over unto this Deft all the Money and profitts which was or were to come to him the Complt for his play intended to be called the Eleccon of Goatham by the Agreem^t therein before written upon this Condition That if the said debt should not be paid unto this Deft before the acting of the said play That then this deft his Executors or assignes might retaine and apply such profitts for or towards paym^t of the said debt of Seaventy and two pounds with damages But if such profitts should amount to more moneys then should be due to this Deft or his assignes att the time of acting such play then the Overplus of the moneys and profitts arising due to the Complaynant on his play by the agreem^t aforesaid was to goe to the use of the Complt and his assignes after payment of the aforesaid debt with damages to this deft and his assignes as by an Agreement in writing under the hand of the Complt bearing date the said Seaventh day of January Anno Dni 1702[152] ready to be produced to this honoble Court and to which this deft alsoe referreth himselfe may appeare And this deft sayth that the Complt did not pay or cause to be paid unto this deft the said debt of seaventy and two pounds or any part thereof or any Interest for the same according to the Condition of the said recited Bond on the Eighth day of March next after the date thereof nor hath he ever since paid the said debt or any part thereof or any Interest for the same to this deft And this deft sayth that he the Complt did not deliver to this deft the said Comedy sold as aforesaid to this deft by the writing before menconed to beare date the seaventh of January Anno Dni 1702-3 on the twentyeth of ffebruary then next as thereby was mentioned nor hath he the Complt ever since that time delivered to this deft any Comedy called the Election of Goatham altho this deft very often requested him the Complt for the same But this deft confesseth that the Complt about the latter end of March Anno Dni 1705 brought a Comedy to this deft which he stiled or called the Tender Husband or the accomplished ffooles & desired and urged this deft and his cheife Actors that the