Some months ago a subpoena in Chancery at the suit of mr Banks¹ was served on me as former governor of Virginia, calling on me & others not named (but I suppose the Counsellors of that day) to appear— presuming it was for some act done on behalf of the commonwealth I wrote to the governor to know whether I must defend, or whether the executive would not undertake it for the Commonwealth, as they were possessed of the records & materials of defence. in his answer he assures me it shall be defended by the executive.