same might be acted by them with all speed which he the Complt said was in leiu and in stead of the said play which he intended to have called the Election of Goatham and the same was the next and onely play or Comedy which the Complt has brought sold and delivered to this deft since the lending of the said Seaventy Two pounds as aforesaid And this deft Beleiveth that his this defts Company of Actors did according to his the Complts desire gett up the said Comedy called the Tender Husband with all the speed they could and acted the same the first time on the three & twentyeth of Aprill 1705 and acted the same the second time the next day after and the third time on Wednesday the five and twentyth of the same month of Aprill for the Benefitt of the Complt the Author according to the same Conditions in the said ffirst and second Agreements menconed and acted the same the ffourth time on the next day after being Thursday the sixth and twentyeth of Aprill 1705; on which day the Receipts being but Twenty Six pounds and Eleaven shillings as this deft beleives the same was thirteen pounds and Nine shillings short or wanting of fforty pounds the contingent in the said agreement menconed This deft was not obliged by the said Articles or any Agreement to cause the same to be acted on the Sixth day or any more for the Benefitt of the Complayn^t save as hereinafter is menconed And this deft sayth that the said Mr Baggs the Treasurer computing each dayes charge of acting the said play called the Tender Husband to amount to Thirty Eight pounds ffifteen shillings and Ten pence and the Receipts of the third day being Sixty one pounds and six shillings & noe more as this deft beleives out of which the said Summe of Thirty Eight pounds ffifteen shillings and ten pence being deducted there then rested two and twenty pounds ten shillings and two pence as this Deft computes the summe But the Receipts of the second day of acting the same play amounting to but twenty and six pounds and ffourteen shillings being deficient Twelve pounds one shilling and ten pence to make up the charge of that day which twelve pounds one shilling and Ten pence being deducted out of the said two and twenty pounds and ten shillings the Residue of Neate and cleere profitts to come to the Complt pursueant to the Agreement aforesaid amounted to Ten pounds Eight shillings and two pence and noe more as this Deft is informed and beleives with which this deft beleives the Complt was acquainted and that he was well contented and satisfyed with the account given to him the Complt of the Receipts and Charges of and for the said play called the Tender Husband for the ffower ffirst dayes of acting thereof And this Deft sayth that the profitt accrewing due to the Complaynant being soe small the Complaynant applyed himselfe to this deft and alsoe to the principall Actors under this deft's Government That he the Complt would waive his profitt by the said play being Ten pounds