Holograph accounts of three successful trials of counterfeiters, adduced as precedents to show that such crimes could be prosecuted long after they were committed, and could be accounted high treason

Author: Isaac Newton

Source: MINT 19/1/482, National Archives, Kew, Richmond, Surrey, UK

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- Revision History
  - 1 January 2001
    - Catalogue information compiled by Rob Iliffe, Peter Spargo & John Young
  - 29 September 2011
    - Catalogue exported to teiHeader by Michael Hawkins
  - 4 October 2016
    - Will ScottTagged transcription
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<482r>

At a Sessions held at y^e old Bayly one & his wife were indicted by G. Macy for a misdemeanour for having clippings & clipping instruments found in their house at Elin mare Acton in Middlesex. The evidence for the King were Iohn Whitwood, David Tuccar & a Constable: who deposed that by virtue of my L^d chief Iustice Holt's warrant they went to y^e said 's house in expectation to find there several Highway-men, as my L^d was informed were harboured there; But they found no person in the house save y^e man & his wife. The witnesses searched y^e house for arms, instead of w^ch they found clippings, clipt money, filings, sheers, files &c & brought y^e same together w^th y^e man & woman before my L^d Chief Iustice Holt who committed them to Newgate. Vpon their arraignm^t they pleaded not guilty & being brought upon their trial my L^d Ch. I. called for y^e Indictment & read it, complaining y^t y^e crime was of a higher nature then that Bill set forth, w^ch he ordered to be quasht & commanded y^e s^d G. M. to go to Hickses Hall & cause a Bill to be drawn for High Treason w^ch y^e Iustices there upon y^e Bench were of opinion ought not to be don. Yet upon Macy & Tuccar their making oath it was his Lo^ps command did at last permit it, but it was with great difficulty that they themselves perswaded y^e Gr. Iury to find the Bill. The men & his wife were arraignd tryed & found guilty upon it. In their defence they alledged that these things did belong to persons who frequented their house. And if it were otherwise it could be but circumstantial evidence against them, for y^t the law required two eye witnesses of y^e matter of fact. My L^d replied they misconstrued the statute, that these instruments were sufficient evidence the sheers supplying y^e place of one witness, the filings of anoth{er} the files & rough clipt money of another.

A year & half ago at an Assize at Lancaster a person was there tried before my L^d Ch. Iustice {Treby} & convicted for counterfeiting of money upon a bill of Indictment found against him eighteen years before. for that he had fled & lived in Ireland but newly returned was taken & y^e same witnesses being alive appeared against him. Ergo an Indictment is not invalidated by time alone.

<482v>

About 2|3| or 4 years since one Momforth a Dutchman having acquaintance w^th y^e Casshire of Mons^r Vanderesch {illeg} who is paymaster of y^e Dutch forces: persuaded or tempted y^e said Clerk (or Casshire) to be confederate with him in clipping on money. Momfort being in private w^th y^e C{illeg}|a|sshire proposed how he should quickly get an estate & told him y^e manner by shewing him some clipt money out of one pocket & broad money out|{in}| of another, saying this narrow was made so from this broad this very day & I my self did it. Further that y^e young man should be only concerned to furnish him broad money for clipt & should receive only 2^s in y^e pound advantage. The C{illeg}|a|sshire was surprized{illeg} within himself but did not show it outwardly & as soon as they parted he discoved {sic} this intrigue to his Master who made it known to M^r Bridgman of y^e Secretaries office & he advised that the Casshire should comply w^th y^e proposals of Momfort & exchange money w^th him, but w^th all to contrive y^t a witness or two should be in y^e next room to hear & see what was done. And it happend that there was only a wainscot between y^e Room where the Casshire received & paid this mony & y^e other room where the witnesses conceald themselves & through a crevise saw & heard Momfort at an appointed time pay 5^℔ in clipt money unto the Casshire in liew of broad money & threw down 4 clipt half crowns for y^e exchange at 2^s per pound. But the Casshire returned it saying, Let it alone till the next time. Another day he brought 5^℔ more of clipt money & paid to y^e Casshire in lieu of so much broad money together with 8 clipt half crowns for y^e exchange of both summs. This was in like manner observed by the aforesaid witnesses. The third time Momfort brought about 20^℔ in clipt money & was exchanging the same w^th y^e 2 witnesses, rusht in upon them & secured the man (Momfort) & the money. M^r Attorney general Treby directed a Bill of high Treason to be brought against him, & my Lord Ch. Iustice Polluxfin being then upon y^e Bench ordered the statute to be read wher & directed y^e Iury to find him guilty for aiding & abetting w^ch was as much Treason as clipping. And accordingly he was found guilty & executed.