THE TRIAL 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 Cousin read Coven, and at the Bottom of that Condition, for Robert Clayton read Robert Clayton; and amongst the Witnesses to the Bond, for John Hebdon read In 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 TRIAL 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.) Marry 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 Sum 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; Falsely, Knowingly, Unlawfully, and Subtly did Make, Sergeant and Writ, 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 Pounds 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; falsely, subtly, 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 sayest thou, Marry 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, etc.  Mr. Montague. 
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 herself 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 solicit his Favour and Interest for the Payment of this Debt. On this account she insinuated herself 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, forbidden 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 brought him a Writing, purporting a Bond, with the Name Robert Clayton subscribed to it, sealed and attested by four Witnesses, as the Bond of Sir Robert Clayton; and told Mr. Woodward, That Bond was given to her by Sir Robert Clayton, upon some good Considerations; but it having taken Air, some Uneasiness had arisen about it in Sir Robert Clayton's Family; and (as she pretended) upon this account he had exhibited a Bill in Equity against her, therefore this Bond must be delivered up; and Sir Robert had promised, to give her a new Bond for Twenty Thousand Pounds, and that all the Money in Arrears for Interest, was to be turned to Principal, and put into the New Bond. But this was to be done very privately, so as not to be known by any of Sir Robert Clayton's Family, and therefore none of his Servants were to be privy to it. Thereupon she gives to Mr. Woodward the Bond, desiring him to make a new Bond by it, and to turn all the Interest that was due into Principal. Upon this Mr. Woodward made her a Bond of the Penalty of Fifty Four Thousand Pound Conditioned, for Payment of Twenty Seven Thousand Pounds after Sir Robert Clayton's Death, and Interest in the mean time. This Bond she took away with her, and likewise the first Bond; but what she did with them since, we are not privy to. And a great Charge she laid upon Mr. Woodward, to carry it with all possible Privacy, that no notice might be taken in Sir Robert's Family.  
Some few Months ago there was another Intimation sent to Sir Robert Clayton, that this Gentlewoman pretended to have a great Claim upon him of a great Sum of Money that was to be paid her, either at present, or after his Death; and that Mr. Woodward made the Bond, and he could give an account of it. Upon this, Sir Robert Clayton sent to Mr. Woodward, who like a very honest Man, told the whole business, in what manner it was the Prisoner came to him, and how he came to make the Bond; and that he was desired to be silent in it, Sir Robert Clayton having desired this Bond should be made out of his own House, that none of his Family might take notice of it.  
Sir Robert Clayton having this notice, and finding from Mr. Woodward, the Prisoner had taken this Course to carry on this Design to charge his Estate, he got a Warrant from the Lord Chief Justice to have her before him, to be examined before his Lordship. Where being brought, she upon her Examination, has confessed the whole Matter, her having the first Bond, and where it was made. What is become of the latter Bond, we cannot get out of her, nor whether she ever affixed the Name of Sir Robert Clayton to that. But we will produce Credible Witnesses to prove her guilty of Forging the first Bond for the Payment of Twenty Thousand Pounds; and that it had the Name and Seal of Sir Robert Clayton affixed to it, and that she affirmed it to be a good Bond, well executed by Sir Robert Clayton, and that there was Interest due upon it from Sir Robert Clayton, and that the Interest was in the Second Bond to be turned into Principal. We will call Witnesses to prove this, and then I hope she shall have such Punishment as she deserves.  Mr. Northey. 
My Lord, What the Nature of our Evidence will be, I shall inform you. It cannot be expected from us to produce the Bond, for that she carried away from Mr. Woodward, so that we cannot give the Writing itself in Evidence; but if she insist on it, we hope she will produce the Bond. We have the Copy (taken by Mr. Woodward) of the first Bond, which he had from her, that he might dr●w the Second Bond by it. But we can prove from that which agrees with our Record, that she affirmed, that the first Bond that she produced was Sir Robert Clayton's; That that Bond which she produced, of which this is the Copy, she affirmed to be Sir Robert Clayton's Deed. We shall do that, and afterwards prove her publishing it: For our Indictment is against her for Forging a Bond, and Publishing that Forged Bond, knowing it to be such; and close all with her own Confession. And, My Lord, there is this to show there could be nothing in the Bond, that from the time she pretended to have this Bond, when she was to have Twelve Hundred Pound a Year, she remained a Prisoner all that time, and got herself out by swearing she was not worth Five Pounds in all the World. Call Mr. Woodward (who appeared, and was Sworn.)  Mr. Sergeant Wright. 
Mr. Woodward, you hear what the Charge is, pray give an account of what you know in reference, to it.  Mr. Woodward. 
My Lord, Mrs. Butler has been my Client many Years. About two or three Years ago, more or less, Mrs. Butler came to me, and brought me a Bond; she gave it me to peruse, and told me another must be drawn by it. When I had perused the Bond, I found it was signed Robert Clayton, and four Witnesses Names set to the Bond. It was a Bond of the Penalty, as I remember, of Forty Thousand Pounds, and I think it was in the Year 1687. for to pay, I think, Twelve Hundred Pounds a Year, by four Quarterly Payments Yearly, during Sir Robert Clayton's Life. And Twenty Thousand Pounds within six Months after his Death. There were some other things in that Bond, which will appear by the Copy, which indeed I did take: For Mrs. Butler desired it might be a Secret, being of a very great Concern. And I asked her why such a Bond should be given, I thought it must be great Generosity, and not for Money lent. But she told me the Forty Thousand Pound Bond was to be delivered up to Sir Robert. I asked her, why, since she had it, she did not keep it; she said, that he would give her another Bond. She told me it had taken Air, and my Lady Clayton had some Disquiet about it; and for my Lady's Satisfaction, a Bill in Chancery was exhibited against her, to which she was to put in her Answer, and thereby disclaim any sort of Bond, or Interest, or any pretence that she had upon Sir Robert Clayton.  Mr. Sergeant Wright. 
She told you this herself.  Mr. Woodward. 
Yes, and when she gave me the Bond, she told me it was Sir Robert Clayton's Bond, or to that purpose. But there being about nine or ten Years Arrears of Interest, she desired me to cast up the Interest that was in Arrear, and that it might be put to the Principal in the new Bond; saying, That Sir Robert would give her a Bond for the whole together.  Sergeant Wright. 
Was the whole Interest pretended to be in Arrear?  Mr. Woodward. 
I cannot say all the Interest.  Mr. Sergeant Wright. 
How did you compute it, from the Date of the Bond, or from what she told you?  Mr. Woodward. 
She said she had received some Money, and I computed the rest, rather under 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 myself; 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. Montague. 
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 delivered 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 Sum, 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 answered, 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 herself?  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 yourself 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. Montague. 
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 presents 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 Marry 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, etc. 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 abovenamed 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 Sum 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 Sum of Twenty Thousand Pounds herein abovementioned, 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 Sum 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 Sum of 20000l. shall be unsatisfied and unpaid after the Death or Decease of the said Sir Robert Clayton, without Cousin, 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, than 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 Handwriting.  Mr. Woodward. 
Yes, it was.  Mr. Hall. 
Was it Sealed, or Cancelled?  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 Cancelled?  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 satisfy her, there was a Bill preferred 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 confessed 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 show 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 of the Penalty of 40000l. to be paid by Sir Robert Clayton, with Condition thereto under-written concerning amongst other things, the Payment of 20000l. to the Prisoner, after the Death of Sir Robert Clayton, by his Executors.  L. C. J. Holt. 
Let your Exceptions proceed from the Indictment, it is to be paid after the Death of Sir Robert, by his Executors.  Mr. Sergeant Wright. 
Have you any more to say for yourselves?  Mr. Hall. 
We have a great many Witnesses here to prove her Reputation. It is a strange thing any one should go to Forge a Bond on such an eminent Person.  L. C. J. Holt. 
It is strange indeed, but the Question is, whether it be not true.  Mr. Hall. 
Her Confession is proved by Mr. Baker. But we have many Witnesses, as to her Reputation.  Mr. Mallet. 
This Bond is not in the Indictment. The Bond of Forty Thousand Pound is several Years since. Now there are two Bonds. Now that of Fifty Four Thousand Pounds is not in this Indictment, and this of Forty Thousand Pounds is several Years since that it was shown to him. It is strange he should be so very exact, and yet did not examine it. And probably he might mistake in the Copy, and it may not be the very Bond in the Indictment. Now as to Mr. Baker, it is true, we have a Bond of Five Thousand Pounds from the Duke of Buckingham, and we are suing Sir Robert Clayton for this Money, and hope to have it, now after so many Years. And Sir Robert Clayton did prefer a Bill in Chancery against us, and we in Answer did declaim having any such Bond. And now when we are like to have a Decree for this Sum against this Trustee of the Duke of Buckingham's Estate, he comes and would take off our Credit in this Matter. We did in the Year 1695. disclaim any such Bond.  Mr. Northey. 
Then you do admit that she owned the Bond.  
Then her Witnesses were called.  Mr. Mallet. 
Mr. Glover, do you know Mrs. Butler?  Mr. Glover. 
Yes.  Mr. Mallet. 
Give an account of what you know, as to her Reputation.  Glover. 
I have known her Fifteen or Sixteen Years. All that I know of her is fair and clear.  L. C. J. Holt. 
Where do you live?  Glover. 
In Red-Lyon-Street.  L. C. J. Holt. 
What Profession are you of?  Glover. 
I belonged to Lincolns-Inn.  L. C. J. Holt. 
A Gentleman of Lincolns-Inn.  Glover. 
I was brought up at the University, but have not resided there lately.  L. C. J. Holt. 
How do you live? Are you a Housekeeper?  Glover. 
I live privately at present.  L. C. J. Holt. 
Who knows you?  Glover. 
I cannot tell who knows me here. I believe Mr. Northey does.  Mr. Northey. 
I do not intent to give any Character of you, I do not use to give Characters of my Clients.  L. C. J. Holt. 
How long have you lived in Red-Lyon-Street?  Glover. 
Ten or Eleven Years.  Mr. Mallet. 
How did she live?  Glover. 
I knew her live in Devonshire-Square very reputably, I always thought so.  Mr. Sergeant Wright. 
Had she any Estate of her own?  Glover. 
I cannot say so certainly, it was thought so. She paid every Body very punctually.  Mr. Hall. 
Acquaint my Lord how long you have known her, and whether you think she would be guilty of such a Forgery.  Clover. 
I have known her Fourteen or Fifteen Years, I cannot believe she would.  Mr. Montague. 
Have you heard the Evidence? Glover. Yes.  Mr. Montague. 
What do you think of it then?  Glover. 
I know not what to think.  Mr. Montague. 
Do you think she would confess herself guilty of a Forgery, if she were not?  Glover. 
I cannot tell what to say to that. I suppose no body would confess, if they were not guilty.  Mr. Sergeant Wright. 
Do you know one Hebdon?  Glover. 
I know Hebdon.  Mr. Sergeant Wright. 
He is a Witness to the Bond. Was he Sir John Hebdon's Son?  Glover. 
I can give no account of that, but he has had a very honourable Character.  
Mrs. Rodum called, and appeared.  Mr. Hall. 
Mrs. Rodum, do you know Mrs. Butler?  Rodum. 
Yes.  Mr. Hall. 
How long have you known her?  Rodum. 
Five or six Years.  Mr. Hall. 
What do you know of her Character?  Rodum. 
I am the Widow of one of them that killed one another by the Temple. I never knew of any Bond, nor ever heard her lay Claim to any such Bond. She lived in good Reputation. She was in my House when my Husband was killed. She lived in my House about a Year, I never heard she made any such Pretention. She lived honestly and decently. She owes me upwards of Three Hundred Pounds.  L. C. J. Holt. 
For what? How came she to owe you Three Hundred Pounds?  Rodum. 
I kept a Shop in the Exchange, and my Husband was a Broker. She owed it me partly for Goods out of my Shop, and partly for Goods out of Scotland. He was killed about half a Year ago, and I have kept the Shop still. About three or four Months ago she left me, and I never heard of any Bond.  Mr. Sergeant Wright. 
Did you never hear of a Bill in Chancery against her?  Rodum. 
No Sir.  Mr. Mallet. 
Did you hear of any Money that was due to her from the Duke of Buckingham?  Rodum. 
I was told she was sueing Sir Robert Clayton for Money that was to be paid her on the Duke of Buckingham's Account, and upon the Credit of that I trusted her.  
Shaw Called.  Mr. Hall. 
How long have you known Mrs. Butler?  Shaw. 
About Sixteen Years.  Mr. Hall. 
Do you think she would Forge a Bond?  Shaw. 
Indeed I cannot give any account of that.  Mr. Hall. 
How has she behaved herself?  Shaw. 
I never knew her guilty of any Rudeness.  Mr. Sergeant Wright. 
Put up more Witnesses, if you have any.  Mr. Hall. 
We have done.  L. C. J. Holt. 
Mrs. Butler, will you say any thing for yourself?  Mrs. Butler. 
I am altogether innocent in the matter, I never wronged Sir Robert Clayton, nor any Body else, in my Life.  L. C. J. Holt. 
Gentlemen of the Jury, This Mrs. Butler, alias Strickland, stands Indicted for Forging a Bond in the Name of Sir Robert Clayton, in the Penalty of Forty Thousand Pound, the Condition for the Payment of Twenty Thousand Pound, among other things, within Six Months after the Death of Sir Robert Clayton. And also, That she did publish this Bond as the true Bond of Sir Robert Clayton. You have heard what Evidence has been given, to prove her guilty of this Forgery, and the Publication of it.  
It seems, some time since, as is proved to you by Mr. Woodward, this Gentlewoman came to him with this Bond of Forty Thousand Pounds. And it was upon this account, as she said. To wit, Sir Robert Clayton having given her this Bond, it had taken Air, and was come to the Lady Clayton's Ear; which occasioned some Difference between Sir Robert Clayton and his Lady. She said, That this Bond, by Direction from Sir Robert, was to be delivered up to him to be Cancelled; and that Sir Robert Clayton had engaged to enter into a New Bond in the Penalty of Fifty Four Thousand Pounds, for the Payment of Twenty Six Thousand Pound (there being at that that time supposed an Arrear of Interest for 20000 l.) payable after Sir Robert's Death, and Interest in the mean time. She delivered this Bond to Mr. Woodward. He takes a Copy of it, which is produced and read. And so, according to her Direction, Mr. Woodward does draw another Bond, with the Penalty of Fifty Four Thousand Pound. And she than told Mr. Woodward Sir Robert would seal this Bond upon the Delivery up of the Bond of Forty Thousand Pound. Mr. Woodward having considered, that it was an extraordinary Sum for Sir Robert to engage himself in; and he being a very considerable Man, he advised her to have this New Bond well attested; and to be sure to get Witnesses of unquestionable Credit to see it executed. And thereupon he offered himself to go with her to Sir Robert, to be a Witness to this New Bond. No, says she, Sir Robert is not willing that this should be known, you are not a proper Person to be a Witness to it; therefore, says she, I will get some other Witnesses to attest it. Whereupon he gives her this first Bond for Forty Thousand Pounds, which she brought to him, for the Payment of Twenty Thousand Pounds; and gave her also the Draught of the New Bond. He says this Bond that she brought to him, was attested by Four Witnesses. Sir Robert, it seems, upon her Answer in Chancery, not imagining any thing of this, she having disclaimed in Chancery the having; only some time after he had heard a Report as if she was setting up of a New Bond, and that Mr. Woodward could give an account of it. Wherefore he sends Mr. Baker to Mr. Woodward, who gave him the same account that he has done here. Then Sir Robert makes a Complaint, and has her brought before me; and there was Mr. Woodward with this Copy. And this was objected to her, as if she had Forged this Bond. And it seems, when she was there under Examination, as is proved to you by Mr. Baker, she did plainly confess, that she had Forged this Bond of Forty Thousand Pounds, and that she had procured one Lewkar to do it for her, who set Sir Robert's Name to it; and said, that the Witnesses, whose Names were set to it, were innocent, and knew nothing of the matter.  
Now what is said for her on the other side? They bring some Persons for her, that say they have known her. One, that says he belonged to Lincolns-Inn, and been acquainted with her fourteen or fifteen Years, and did look upon her as a Civil Woman; and for his part, he does not believe she would be guilty of such a Forgery. Another, who is a Woman, says she has known her some time, and she says she has trusted her much, and did never hear her say any thing of this Bond, but she behaved herself civilly, and she took her to be a very sober Person. Another Witness says, she looked on her to be a very honest Person. This is the Sum of the Evidence.  
There is a very strong Evidence to induce you to believe that she did Forge the Bond. Such a Bond she had, that is plain. She does give no Account what is become of it; and she does not show any manner of Pretence of having so much Money from Sir Robert Clayton due to her, she does not make it appear why Sir Robert should give her a Bond upon any account. Now for any to say that they knew her, and they do not believe she would Forge a Bond, that is no Evidence; no body ought to believe Ill of Mrs. Butler, or any one else, unless it be made to appear. But the Question is not, what they do believe; but whether the matter be not proved to you to your Satisfaction, that she has Forged this Bond. And if you are satisfied that she did Forge it, you ought to find her guilty; and if you do not believe the Evidence to be satisfactory, you ought to acquit her.  
Then the Jury withdrew, and being returned, gave their Verdict as follows.  Cl. of Arr. 
Are you agreed of your Verdict?  Jury. 
Yes.  Cl. of Arr. 
Who shall say for you?  Jury. 
Foreman.  Cl. of Arr. 
Bring Mary Butler to the Bar. How say ye? Is the Prisoner at the Bar guilty of the Forgery whereof she stands Indicted, or not guilty?  Foreman. 
Guilty.  
The Judgement which the Court pronounced against her was, That she should pay a Fine of 500 l. to the King, and continue in Prison till she paid it.  
FINIS.