Consequence thereof some few Precepts and Writs of Certiorari and
Twelve Recognizances for Appearances at that Session and the Calendar
of Indictments were brought into Court from the said James Waller< no role >
And these Deponents further say that they have used their Endeavours
to obtain from the said James Waller< no role > the Residue of the Records Books
and Papers belonging to the said Office remaining in his Custody
in Order to enable them the better to perform the Duties of the said
Office but without Effect the said Mr. Waller under Pretence of applying
to be restored to the said Office insisting on his Right to detain them
And these Deponents Thomas Butler< no role > & James Jefferson< no role > for
themselves further severally say that several or any of the
Records belonging to the Sessions and in Particular the Draft of
the Estreat in the Affidavit of the said David Rees< no role > in this Matter
mentioned to have been preparing by him were not taken away by
them or either of them or by any other Person whom soever by their
or either of their Privity or Procurement nor do they or either of
them know what is become of the same Draft unless it be still
in the Custody of the said James Waller< no role > or David Rees< no role > , nor have any
Books Records or Papers belonging to the said Office relating to the
said Estreat been delivered to them or either of them by the said
Mr. Waller or Mr Rees other than as aforesaid to the best of the
Remembrance and Belief of these Deponents, But this Deponent
Thomas Butler< no role > for himself further saith that besides the
Books and Things so sent or delivered by the said James
Waller< no role > as aforesaid the Book of Easter Session one thousand
seven hundred and seventy was by Order of the Sessions in December
Sessions following delivered to him by John Wace< no role > of the Crown Office
Esquire for the Use of the Court And this Deponent Thomas
Butler< no role > for himself farther saith that at the Time for making
out the annual Estreats of Issues Fines and Forfeitures (vizt.) in
Michaelmas Term one thousand several hundred and seventy he
caused an Estreat of such as had been sett lost in posed or
forfeited in the said September Session being the first Session after
his Appointment to be duly made up and he examined and returned
the same And afterwards when called upon by this Honourable
Court he also returned an Estreat of the Fines set in the preceeding
Session begun in July and closed in the Morning of the said Tenth
of September which was all this Deponent was able to do or
procure to be done And these Deponents farther severally say that
they do respectively verily believe that the said James Waller< no role > and
David Rees< no role > or one of them have in their or one of their Possession
or Power several of the Records Books and Proceedings assentially
necessary to the making and compleating the said Estreat particularly
the Sessions Books of the Year one thousand seven hundred and
sixty nine and of January and February Sessions one thousand