MARYLAND COURT OF APPEALS 251

Some where about the Lower End of the Said County w^th orders to them to
pay the Severall Sumes to this Defend^t w^ch for any thing this Defend^t remem-
bers might amount to the Summe in the Comp^lts bill mentioned but that
this Defend^t kept Such list by him as the Comp" in his bill Sets forth or how
long [387] this Defend^t kept it he cannot Remember but this Defend^t well
Remembers that he procured a Friend to Act for him as Receiver in those
parts w^th instructions to him Either to Receive Tob^o where the Said Gresham
Should order it if Ready or if not to take the obligations of such as were
responsible persons or money or Bills of Exch^a at the Reasonable Value
thereof; but this Defend^t being Informed that Sundry of the Said Gresham's
p^rtended Debtors disowned the greatest part of their Debts either for that
they being of the people Called Quakers owed little but on Acc^t of the forty
per Poll^J allowed the Clergy w^ch they Refused to pay as for Scruples of Con-
science or for want of Settling Acc^ts or Some like Allegations w^ch this Defend^t
does not particularly Remember he forbore intermedling w^th the Collection
of Said Gresham's Debt not thinking it Safe nor himself obliged to Settle the
Said Gresham's Acc^ts w^th his Debtors nor to take any such Orders as pay nor
to goe about the County to get in the Said Gresham's Debts for him w^ch he
is allowed Sallary for doing himself but Expected the Said Gresham Should
gett the Tob^o he owed this Defend^t Ready and then that he wou'd give him
notice to Send to Receive it w^ch to this Defend^ts Remembrance he never
did but when this Def^t ordered it to be Reed And this Def^t absolutely
denyes that any of those Debtors ever offered to pay this Def^t any Tob^o that
he Refused; that the Comp" has frequently urged this Def^t in a haughty
Manner to goe and Receive his Tob^o but when this Defend^t enquired where
he might get it he never to his knowledge was favoured w^th a Result espe-
cially in Tob^o time but what he made Use of that (the Cheif Reason why
this Def^t did not Receive the Tob^o in Said Greshams hands was because
he Could not get it; that this Defend^t acknowledge he was not Soe pressing
on the Complainant at the fag end of a Crop when perhaps the Comp" had
obliged himself [388] and better Friends w^th the Choice and earlyest To-
bacco as he was wont to be in the proper Seasons when this Defend^t Cou'd
never See an inclination in the Said Gresham to pay him but this Defendant
takes it if this Def^ts Suffering his Tob^o to lye in the Comp"⁸ hands had
been soe very burthen Some as in his bill he Seems to insinuate or that the
tenders he pretends to have made had been in proper Season he might by
the Act of Assembly for Relief of Debtors and assertaining the manner of
Tenders in Tob^o have extricated himself thereout by having his Tob^o
Marked for this Defendant According to that Law and thereby laying it at
this Def^ts resque That this (as this Defend^t is humbly of opinion) wou'd
have Sufficiently defended him from the Charge of Interest he soe grievously
Complains of w^th out which this Def^t takes it he has a good right thereto

i The " forty per poll " was for the support of the Established Church. See Act of 1692,
ch. 2; Act of 1715, ch. 46, § i.