most unreasonably insisted upon charging Steele with the whole £4000 and interest from the 31st January, 1717, and nevertheless refused to discover when or how this £4000 was advanced or paid by Gery to Minshull, or what they knew or had been informed, or what interest Woolley had therein. All which being contrary to equity, Steele prayed that writs of subpœna might be directed to Minshull, Gery, Wilbraham, and Woolley, commanding them to answer the matters contained in this Bill. Wilbraham's answer, dated 17th March 1721[-2], is the only one existing. It states that some short time before the 31st January 1717 Minshull gave Wilbraham directions for preparing such assignment or sale from Steele to Minshull of Steele's fifth part in the Theatre, as was mentioned in Steele's Bill, and two parts of such assignment were engrossed, leaving a blank for the consideration money; and Wilbraham said that to the best of his remembrance he carried the engrossments to Steele's then house in St. James's Street, and not to the Horn Tavern; and Wilbraham read over the assignment, and then Steele and Minshull retired to another room, as he apprehended to converse together upon the subject-matter of the assignment. When they returned, a proposal was made by one or both of them, that inasmuch as the assignment was drawn absolute and without any clause of redemption, and yet it was intended to be redeemable and to be only in the nature of a mortgage, the assignment, when executed by Steele, should be deposited in Wilbraham's hands as a common trustee, and that he should give to Minshull a note that the deed was in his custody, and that he would deliver it up to Steele upon Steele's redeeming the same within two years' time from the date of the deed. Steele particularly asked Wilbraham whether, in case the deed was deposited in his hands, the note would be sufficient to make the deed a mortgage, and Wilbraham said that it would, if the note were attested and witnessed by Minshull. Steele then acquiesced in the proposal, and did not in Wilbraham's hearing require any other defeasance of the deed; and Wilbraham was ordered to fill up the blank, and make the consideration £4000. The engrossed copies were then signed, and Steele gave a receipt for £4000, which was endorsed on the deed executed by him, and Wilbraham added his signature as witness. The deed was then handed to Wilbraham, who gave a receipt--as mentioned in Steele's Bill--which was attested by Minshull. Wilbraham was of opinion that Steele, like himself, then believed Minshull to be a man of substance. Wilbraham did not remember to have seen any money paid by Minshull to Steele, but believed Minshull gave Steele a note or receipt for £2500, for which sum Minshull promised to be accountable to Steele, and Wilbraham believed he added his signature as witness. Wilbraham denied that he assured Steele that this note or receipt would effectually secure him