mars than to repeat their Orders for Mr. Waller to deliver themAt length

Mr.Waller being pressed in the Court of Excheqr for the return of this Estreatanda Rule wasbeing made
in Easter Term for him to shew cause against an Attachment for not returning it whereupon he shewd Cause, by
Affidavit s of himself and David Rees< no role > , wherein he Alledged that he was
Arbitrarily discharged from his Office in September 1770. And the Key of the
Record Room and most of the Records, taken from him, and delivered to Mr
Butler his Successor, who appointed Mr. Jefferson his Deputy, who as he
believed, had in his Custody or Power all the Records Books and Papers
necessary for making out and returning an Estreat between the 4th. September
1769 and 10th. September 1770 And that he (Waller) had not any Records Books
or Papers to make out and return such Estreat. And Rees Alledged that he
had been preparing an Estreat and should have return'd it but was prevented
by Waller's discharge, and several of the Records taken from him; and also
several of the Papers among which was Draft. (Viz the Affidts themselves)

Upon this, Order (A) was made for Mr. Butler & Jefferson to Answer
the Affidavits and set forth what Records & they had; And that they all should
attend on the last day of the Term and produce them.

In obedience to this Order Mr.Butler & Mr. Jefferson attended & produced
all the Records that came to their Hands and verified the same by the Affidavits
(B & C) wherein they speak to the demand of the Records And what had then been were obtained
by them and how, and that the Draft mentioned by Rees they knew nothing of That
Mr. Butler had made an Estreat of all he couldThat Mr. Waller or Rees
had several Records necessary for making the Estreat particularly the Sessions
Books of 1769to Octoberand of Janry and Febry 1770 And also the Recognizances
themselves of Febry April May and July (And in fact they had those of Septr
1769 and Janry 70 also) And that there were not any Records Etc. necessary for
making out the Estreat in the Record Room as suggested in Waller Affidt. Etc
please to peruse these Affidts. wch contain a very full Answer to those Sworn by
Waller and Rees

Thos Mr.Waller had been pleased to Swear he had none of the Record [..]
Etc. necessary for the Estreat in question, yet when he came to produce, it appeared that
he had the principal part of the Essentials

Upon the Mutual Production of Records the Court, contrary to the
Expectation of every one, was pleased to make the Order (D) for those in Mr.
Waller's Custody to be delivered to Mr. Jefferson, and him to return the Estreat: and
the former Order to be enlarged to the first day of the Trinity Term

The Chief ground of this Order, seems to be Jefferson's having been Waller's
Deputy, for two of the Sessions, Vizt October & December 1769. But 't is submitted
that that can be no reason at all; for the two Books of those Sessions are or
should be in a very different state, than when Jefferson delivered ' em to Waller
by the progress but conclusion of the business commenced at those Sessions
which none but those who attended afterwards could know, unless very