this receipt would screen him from any prejudice by signing the receipt for £4000, and that if the £2500 were not paid to Steele, by virtue of the said receipt for £2500, Steele would be entitled to an allowance thereof out of the £4000. By agreement between Steele and Minshull the assignment of the 31st January 1717 was then deposited in the hands of Wilbraham as a common trustee between them, until the £2500 should be paid to Steele and a proper defeasance executed by Minshull; and until that was done no use was to be made of the assignment, and then Steele's former assignment for £1500 was also to be delivered up to him. And Steele requiring some further memorandum from Wilbraham of such trust, Wilbraham wrote a short memorandum, acknowledging that he had received the indenture of the 31st January, purporting a sale from Steele to Minshull of the fifth part of the Letters Patent, scenes, clothes, &c., and profits in consideration of £4000, which Deed was deposited in his hands in order that in case Steele, his executors, &c., should redeem the same within two years, the same should be delivered up to be cancelled and destroyed; and this he promised to do, unless the Deed were lost by fire or other unavoidable accident. Wilbraham and Minshull witnessed this memorandum by affixing their signatures; and Steele depended upon Minshull's Note, and Wilbraham's memorandum, and Wilbraham's privity to and knowledge of the whole affair, and the Deed being kept by Wilbraham, so that there should be no prejudice to Steele, that the £2500 would have been paid, and the former assignment delivered up; and he therefore then delivered his counterpart and defeasance thereof to Minshull. And Minshull, or Gery at his order, continued by virtue of the first assignment of July 1716 to receive Steele's fifth part of the profits; but Minshull never paid Steele the £2500, to the very great disappointment of Steele, who, depending upon the same, was reduced to great straits, and therefore desired Minshull would supply him with some part of it; this Minshull agreed to do if Steele would consent that the agreement in Wilbraham's hands should remain as security for such further sums as Minshull should advance beyond the £1500 for which the first security was given. Steele consented, being desirous that whatever money was really advanced to him should be repaid with interest; and thereupon Minshull supplied several sums and paid several sums for Steele; and Gery received out of Steele's share of the profits £2398 16s. 10d., or some such sum; and Steele's share was received by Minshull, or his order, Gery, for the years 1716 and 1717, to the amount of £1418. Having paid to Minshull by one Mr. Paterson £400, Steele desired Minshull, on or about the 22nd October, to state accounts with him, which Minshull did, and notwithstanding the debt of Aston was included in the first security for £1500, yet Minshull charged Steele with the sum of £47 8s.