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A63160
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The tryal and conviction of Mary Butler, alias Strickland at Justice-Hall in the Old-Baily, in London, on the 12th day of October, 1699. For counterfeiting a bond of 40000 l. as the bond of Sir Robert Clayton, kt. and alderman of London.
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1700
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Wing T2162; ESTC R221777
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14,031
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than over and so made the Interest to come to Seven Thousand Pounds the Interest payable by the Bond being Twelve Hundred Pounds a Year Whereupon she desired I would draw a Bond for it my self and accordingly she left the first Bond with me I took some time and drew it and made the Penalty thereof Fifty Four Thousand Pounds conditioned for the Payment of Twenty Seven Thousand Pounds And it was to be made in the same Nature as the former was in respect of the Principal and in the mean time to continue the Payment of the Interest Yearly by proportionable Quarterly payments Mr. Mountague What Discourse had you with her about it Mr. Woodward I did draw a Bond and did take notice That whereas Sir Robert Clayton had given her this Bond of Forty Thousand Pounds and at his Request she had deliver'd it up to him and upon an Account stated there did remain Seven Thousand Pounds in Arrears for Interest which in all amounted to Seven and Twenty Thousand Pounds or thereabouts when I gave it her I said It is a very great Summ it concerns you to have Witnesses of Credit for no body will believe Sir Robert Clayton did give you this Bond especially after his Death unless it be very well attested I told her if she pleased I would go and be a Witness for her to see it executed So she went away And when she came to me again she told me that Sir Robert knew me very well but did not think fit to have me for a Witness I answer'd I do not care but it being a very great Sum take care it be well executed I gave her both the Bonds and from that time heard no more of it till about two Months since Mr. Northey Was there any Body came to discourse with you of making a new Bond besides her self Mr. Woodward Not that I know of I do not remember any It was an extraordinary Sum I did take a Copy of the Bond. Mr. Northey Have you it here Mr. Woodward Yes I have it here Mr. Northey He swears he took a Copy of it and delivered it to the Prisoner again We desire it may be read Mr. Mallet Is it a true Copy Mr. Woodward I cannot say I examined it Mr. Northey Did you write it from the Bond Mr. Woodward I did Mr. Northey Do you believe it is a true Copy Mr. Woodward I Believe it is The Reason why I did not examine it was because it was to be a Secret Mr. Mallet Do you look upon your self to be infallible Mr. Sergeant Wright Had you any Direction from the Prisoner to take a Copy Mr. Woodward I cannot say that L. C. J. Holt. Why did you write it out For your Direction to draw the new Bond Mr. Woodward I did write it out because it is a special Condition more than is usual in Bonds For it is expressed That there should be no Prosecution against her by Sir Robert Clayton or his Executors either at Law or in Equity for the 20000 l. or the Interest or to do any Act to obstruct her in receiving the same L. C. J. Holt. When did you take a Copy of it Mr. Woodward At the same time and before I returned it L. C. J. Holt. Did you make the new Bond by this Copy or by the former Bond Mr. Woodward Very likely I might use both L. C. J. Holt. Did you keep them both MR. Woodward I did keep them both by me till I delivered the new Bond. Mr. Sergeant Wright Is the Copy your own hand Writing Mr. Woodward Yes Mr. Mountague What did you take it from Mr. Woodward From the Original Mr. Wright And do you take that to be a true Copy Mr. Woodward I believe it is a true Copy Mr. Hall Did you read it over at that time Mr. Woodward I did read it over L. C. J. Holt. Did you write it Mr. Woodward I did write it Mr. Mallet And did you examine it afterward Mr. Woodward No I did not examine it it was not to be taken notice of Mr. Hall Can you say you read it carefully over at that time Mr. Cutts It may not be the very same Bond if he did not examine it by the Original signed by Sir Robert Clayton Mr. Northey They may show that Bond. Mr. Mallet Did the Prisoner bring the Bond to you of which this is the Copy and tell you this was her Bond Mr. Northey We will prove it by her own Confession Mr. Mallet If it be not the same Bond she cannot be convicted Mr. Northey No doubt of it Mr. Sergeant Wright Produce the Copy and if your Lordship please it may be read L. C. J. Holt. Let it be read NOverint Vniversi per presentes me Robertum Clayton Milites Decursum Anglice Kt. Alderman de London teneri firmiter obligari Mary Butler alias Strickland de Southstreet in parocha de Edmonton in Comitatu Middlesex vidue Quadraginta mille libris bone legalis monet ’ Anglie solvend ’ eidem Mary Butler alias Strickland aut suo certo Attornat ’ Executor vel Administrator suis ad quam quidem solutionem bene fideliter faciendam obligo me heredes Executores Administratores meos firmiter per presentes Sigillo dat decimo quarto die Aprilis Anno Regni Domini nostri Jacobi Secundi Dei Gratia Anglie c. Regis tertio Annoque Domini 1687. THE Condition of this Obligation is such That if the above bounden Sir Robert Clayton or his Assigns do and shall well and truly pay or cause to be paid unto the above-named Mary Butler alias Strickland her Executors Administrators or Assigns or any of them yearly and every Year during the Term of his natural Life the full and just Summ of 1200 l. of Lawful Money of England by four equal Quarterly Payments being the just and legal Interest to grow due of and for the Principal Summ of Twenty Thousand Pounds herein after-mentioned in manner and form following that is to say 300 l. on the 14th of July next ensuing the Date of these Presents 300 l. on the Fourteenth of October next coming 300l on the 14th of January which shall be in the Year of our Lord 1688. and 300l on the 14th of April following and so on every the said 14th Day of the said Months in every Year one next and consequently coming after another the like Sum of 300l during the Time and Term of the natural Life of the said Sir Robert Clayton And also if the Heirs Executors and Administrators of the said Sir Robert Clayton do and shall on or before the End and Expiration of Six-Months next after the Death or Decease of him the said Sir Robert Clayton not only well and truly pay or cause to be paid unto the said Mary Butler alias Strickland her Executors Administrators or Assigns the full and just Summ of Twenty Thousand Pounds of Lawful Money of England above expressed but also all
THE TRYAL AND CONVICTION OF Mary Butler alias Strickland At JUSTICE-HALL in the Old-Baily in London on the 12th Day of October 1699. FOR Counterfeiting a BOND of 40000 l. as the Bond of Sir Robert Clayton Kt. and Alderman of London LONDON Printed by F. C. in the Old-Baily 1700. ERRATA PAge 13 in the 2d Line of the Obligation for Milites read Militem and in the 5th Line of the same Obligation for Parocha read Parochia Pag. 15 in the 7th Line for Cozen read Coven and at the Bottom of that Condition for Robert Clayton read Robt Clayton and amongst the Witnesses to the Bond for John Hebdon read Jn o Hebden Pag. 16 Line 5. for hands read hand and in the same Page in the 4th Line from the Bottom for was read is Pag. 19 Line 3. next to Discourse add of Pag. 21 Line 4. for declaim read disclaim THE TRYAL AND CONVICTION OF Mary Butler alias Strickland At Justice-Hall in the Old-Baily in London on the 12th Day of October 1699. Clerk of Arr. BRing Mary Butler to the Bar Accordingly she was brought Mary Butler alias Strickland You stand Indicted by the Name of Mary Butler alias Strickland late of London Widow For that You endeavouring and maliciously intending to deceive and oppress Sir Robert Clayton Knight and Alderman of London the first Day of December in the Seventh Year of His now Majesty's Reign at London aforesaid in the Parish of St. Mary Woolnoth in the Ward of Langborne a certain False Writing Sealed in Form of a Bond bearing Date the Fourteenth Day of April 1687 in the Name of the said Sir Robert Clayton for the Payment of the Penal Summ of Forty Thousand Pounds to be made by the said Sir Robert Clayton to you Mary Butler alias Strickland with Condition there under-written concerning amongst other things the Payment of Twenty Thousand Pounds to be made to you Mary Butler alias Strickland after the Death of the said Sir Robert Clayton by his Heirs Executors and Administrators Falsly Knowingly Vnlawfully and Subtilly did Make Counterfeit and Write and cause to be made counterfeited and written And further That you Mary Butler alias Strickland afterwards Viz. the first Day of December in the Seventh Year aforesaid at London aforesaid in the Parish and Ward aforesaid a certain false and forged Writing sealed in Form of a Bond in the Name of the said Sir Robert Clayton for the Payment of the Penal Sum of Forty Thousand Ponnds by the said Sir Robert Clayton to you Mary Butler alias Strickland with Condition under-written concerning amongst other things the Payment of Twenty Thousand Pounds to be made to you Mary Butler alias Strickland after the Death of the said Sir Robert Clayton by his Heirs Executors or Administrators as a true Bond of the said Sir Robert Clayton as if really made by him falsly subtilly and deceitfully did publish you Mary Butler alias Strickland well knowing the said Writing to be false forged and counterfeited and not the Deed of the said Sir Robert Clayton To the great damage of the said Sir Robert Clayton to the evil Example of all others in the like Case offending against the Peace of our Sovereign Lord the King His Crown and Dignity Cl. of Arr. How sayst thou Mary Butler alias Strickland art thou Guilty of this Forgery whereof thou stands Indicted or not Guilty Prisoner Not Guilty Cl. of Arr. Prisoner look to your Challenges Cryer swear the Jury which follow JURY Sworn William Clark William Christopher Thomas Wharton George Kimble James Church John Whistler George Ludlam Richard Kemble John Clarke Stephen Broughton Joseph Sheppard Thomas Wickham Clerk of Arr. You of the Jury that are sworn look upon the Prisoner and hearken to her Cause She stands indicted c. Mr. Mountague May it please your Lordship and you Gentlemen of the Jury this Indictment does charge the Prisoner at the Bar Mary Butler alias Strickland with a Fraud and intended Cheat. It sets forth That the Prisoner at the Bar intending to cheat Sir Robert Clayton did counterfeit a certain Writing purporting to be the Bond of Sir Robert Clayton for Payment of 20000 l. and that it was to be paid to the said Mary Butler alias Strickland after the Death of the said Sir Robert Clayton Likewise that she did publish this Writing as Sir Robert Clayton's Deed. To this Indictment she has pleaded Not Guilty If we prove the Fact I do not question but you will find her guilty that she may have her due Punishment Mr. Sergeant Wright My Lord I am of Council for the King in this Cause You hear what sort of Crime it is that is charged on the Prisoner It is for Forging a Bond of no less Penalty than Forty Thousand Pounds for the Payment of Twenty Thousand Pounds This is made in the Name of Sir Robert Clayton and the Twenty Thousand Pounds were to be paid a little after his own Death by his Executors or Administrators And that in the mean time Twelve Hundred Pounds a Year were to be paid for the Interest of this Summ. But my Lord the Prisoner did not rest here a Second Contrivance will be opened to you That which she is now charged with is the Forging of a Bond of the Penalty of Forty Thousand Pound My Lord the Prisoner for some Years had a great Intimacy with a Great Peer the late Duke of Buckingham And she either had or pretended to have a Bond from him for Five Thousand Pounds payable to her self after his Death and an Annual Interest in the mean time till the Principal was paid Sir Robert Clayton being a Trustee of the Duke's Estate for the Payment of his Debts the Prisoner came frequently to Sir Robert Clayton to solicite his Favour and Interest for the Payment of this Debt On this account she insinuated her self into his Company and into his Family Sometimes she pretended to be a great Penitent and that she was sorry for the Conversation she had with the Duke that her own Relations being Papists and if she should go to them they would send her into a Nunnery All which was but counterfeit and in order to win upon Sir Robert Clayton and he finding she was an ill Woman notwithstanding all her Pretences he at last about twelve Years ago forbid her his House and since that she never was there About the Year 1695. Sir Robert Clayton had some private Intimation given him that the Prisoner had a great Demand on him no less than Twenty Thousand Pounds Upon this Sir Robert Clayton took the best Course he could to find it out and exhibited a Bill in Chancery against her and some of her Accomplices to discover whether they had any Pretences upon him or his Estate To this Bill the Prisoner put in an Answer that she had no Claim or Demand against him upon any account whatsoever While this was in Agitation the Prisoner came to Mr. Woodward an Attorney of this City and