252 MARYLAND COURT OF APPEALS

both in Law or Equity That this Defendant acknowledges the Said Gresham
paid him or his order ab^l twenty Seven thousand Seven hundred and thirty
one pounds of Tob^o and Remembers M^r Tho^s Reynolds gave this Defend^t
notice that the Comp" in the year Seventeen hundred and fifteen after the
abovesaid Sheriffs bond was put in Suit but not before, that the Said Gresham
desired him to give this Defend^t credit for ab^l the Sume of three thou-
sand four hundred and eighty Six pounds of Tob^o as the Ball* due from the
Said Gresham to this Defendant w^ch the Said Reynolds offered to doe but
this Defend^t owed the Said Reynolds noe Tob^o but the Said Reynolds owed
this Defendant a Considerable Quantity And this proposal being long after
the Suit on the Bond afd was Commenced and as this Defend^t apprehends
w^th design to take Some Advantage against him for Receiving part of his
Debt after the Suit Commenced or in order to Conclude him by Such pre-
tended ballance he refused to Accept of such Credit as pay That this Def'
has made the Comp" Severall very favourable offers of Complyances rather
then go to Law which the Comp" at Some time Interpreted as proceeding
from a Sence this Defend^t had of the badnesse of his Cause and at other
times wholly rejected tho' this Def^t [389] for quietness Sake and to avoid
Secret as well as publick revilings of the Complainant has offered to take
far less then his due had his execution for twenty thousand pounds of to-
bacco Debt and one thousand and ninety one pounds of tobacco Costs
Against the Said Gassaway the Complainants Surety about the letter end of
November Seventeen hundred and Sixteen Yet this Defendant delayed
issuing execution thereon till late in March following in hopes of a friendly
accomodation in the interim And gave the Complt a friendly caution that
it wou'd be for his interest to Comply and rather than be at longer Variance
with him because tobacco was then Scarce and dear he wou'd take his Bills
for one hundred pounds in full discharge, but the Complainant Still per-
sisting in his obstinacy despised the offer and Said he wou'd Spend five hun-
dred pounds first or to that effect; That then this defendant finding no fair
means wou'd doe issued his execution but w^th Instructions to the Sherriff
that if he cou'd not get the Tobo As this Defendant believes he well Could
not that he shou'd take Bills for one hundred and fifty pounds Sterling or to
that effect which Sume this Defendant takes to be but about the Value of
fifteen thousand pounds of Tobacco at that time Which this Defendant
thought wou'd be an opportunity of doing the Said Gresham a favour un-
diserned, which he apprehended the said Gresham wou'd Scorn to accept if
perceived but the Said Gresham Still persisting in giving this Defendant un-
necessary Vexations and trouble and taking all this Defendants inclinations
to peace to proceed from other causes and having rejected the friendly pro-
posalls made him he therefore humbly hopes that Since this Defendants
principal debt arose due to him chiefly by allowances in the publick and
County levy Orders out of the forty per poll officers fees and Such like pub-