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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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34
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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
such Interest thereof after the rate aforesaid as shall be in Arrear and unpaid at the Death of the aforesaid Sir Robert Clayton and also all such as shall grow due to be paid for the same for so long time of the said six Months as the said Summ of 20000l shall be unsatisfied and unpaid after the Death or Decease of the said Sir Robert Clayton without Cozen Fraud or Deceit nor shall not commence any Suit either in Law or Equity against the said Mary Butler alias Strickland her Heirs Executors or Administrators for concerning or in respect of the said 20000l and interest or any part thereof and shall not do any Act or Thing to obstruct molest or hinder her them or any of them from receiving having or enjoying the same then this Obligation to be void and of none Effect or else to remain in full force Robert Clayton Sealed and delivered in the Presence of us J. Pennington Edw. Spencer John Hebdon Eliz. Rivers Mr. Sergeant Wright Did the Prisoner bring you the Bond of which this is a Copy as a true Bond Mr. Woodward Yes my Lord. Mr. Sergeant Wright I ask you this had you a Charge from her to keep this Matter secret Mr. Woodward Yes and that I would write the Bond with my own hands Mr. Sergeant Wright She giving you this Charge how came this Matter to be known then Mr. Woodward Mr. Nicholas Baker came to me from Sir Robert Clayton and asked me if I did not know the Prisoner and particularly about a Bond and whether I did not make one for her It was not in my Memory at first till further Discourse occasioned me to remember it and I told him that I did do some Business for her He told me Sir Robert Clayton had some Information given him that there was such a Bond drawn by me Then I told him I did remember there was such a Bond brought to me and that I had made a Bond for Mrs. Butler and had taken a Copy of the first Bond which I had by me and also of the second Bond in which I had left out a material Word in the Obligation and was fain to write it over again and had the first Draft by me till about a Month before that time when meeting with it among my Papers I threw it into the Fire in my Closet but this Copy did remain by me Mr. Hall You say this Copy is all your own Hand-Writing Mr. Woodward Yes it was Mr. Hall Was it Sealed or Cancell'd Mr. Woodward No it was sealed I am very positive Mr. Hall Are you positive the Seal was on it at that time Mr. Woodward Yes Sir Mr. Mallet Did she tell you that Bond was to be Cancell'd Mr. Woodward She told me she was to deliver up that Bond to Sir Robert Clayton and that he would give her another instead of it Mr. Mallet Was the Bond then delivered up or no Mr. Woodward I cannot say she did Mr. Cutts Did you never hear of any Bill in Chancery To what end was this Bond delivered to you for what Reason Mr. Woodward I asked her why the Bond was to be delivered up and she told me there was some Uneasiness in the Family and my Lady Clayton had got the Air of it and therefore to satisfie her there was a Bill preferr'd against her in Chancery and she was to put in her Answer and that he would give her another Bond and that was to be delivered up Mr. Northey We have other Witness to prove the Forging of it Call Mr. Baker who appeared and was sworn Mr. Sergeant Wright Mr. Baker were you present when the Prisoner Mrs. Butler was before my Lord Chief Justice concerning this Bond Look on that Copy Mr. Baker I was present at my Lord Chief Justice's Chamber when the Prisoner was brought before his Lordship and she did there acknowledge that the Bond of which she was accused she had ordered to be made Mr. Sergeant Wright Was that the Bond in question Mr. Baker Yes she did confess she caused Sir Robert Clayton's Name to be set to it and the Witnesses Names and that it was done by one Mr. Lewkar a Scrivener in Bishopsgate-street Mr. Sergeant Wright She said so Mr. Baker Yes Sir Mr. Hall Did she confess it Where was it Mr. Baker At my Lord Chief Justice's Chamber she confest it was her own Act she caused it to be made and directed the Scrivener to set Sir Robert Clayton's Name and the Witnesses Names to it Mr. Mallet Was there not at that time a Discourse of a Bond that she had on the late Duke of Buckingham Mr. Baker I cannot be positive in that but this was the Fact she was charged with and she did confess that she caused it to be done and that the Persons as Witnesses were innocent of it and that she did direct Mr. Lewkar to set Sir Robert Clayton's Name to it Mr. Hall How do you know this is the very same Bond Mr. Baker Mr. Woodward showed me this very Bond when I went to him from Sir Robert Clayton to know whether he was acquainted with the Prisoner who after some Discourse with him relating to this Bond he very frankly and ingenuously told me the whole matter of Fact as he has done here Mr. Mallet But we ask you about her Confession did you shew her that Copy Did she confess that L. C. J. Holt. What was the Discourse at that time Mr. Baker It was about the Bond of Forty Thousand Pounds with which she was charged before your Lordship to have counterfeited Mr. Northey Did he give an account then of this Bond Mr. Baker Yes Mr. Woodward produced this Copy before my Lord Chief Justice and she owned she had ordered Mr. Lewkar to make it and to put Sir Robert Clayton's Name to it Mr. Sergeant Wright Now my Lord we will show you that she is going on still and that very lately she has owned it and that she is going about to make the Bond of Fifty Thousand Pound a very good Bond. Mr. Mallet When it is in question you may then invalidate it Mr. Sergeant Wright Mr. Woodward has told you he did make the Bond of Fifty Four Thousand Pound But I think we have no need of it Mr. Hall they have failed in the Indictment so that it cannot be supported by this Bond it should be laid specially according to the Condition of the Bond to be paid For it is a Bond of Forty Thousand Pound to be paid by his Heirs after his Death Twenty Thousand Pounds Now the Bond whereof they produce a Copy is of other things Mr. Northey It is for the same Mr. Hall It is a different thing L. C. J. Holt. Not at all Mr. Mallet It is laid in the Indictment to be paid by Sir Robert Clayton In the Bond it is said it is not to be paid till after his Death Mr. Sergeant Wright It is laid in the Indictment that the Bond was