<482r>

At a Sessions held at ye 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 Ld chief Iustice Holt's warrant they went to ye said             's house in expectation to find there several Highway-men, as my Ld was informed were harboured there; But they found no person in the house save ye man & his wife. The witnesses searched ye house for arms, instead of wch they found clippings, clipt money, filings, sheers, files &c & brought ye same together wth ye man & woman before my Ld Chief Iustice Holt who committed them to Newgate. Vpon their arraignmt they pleaded not guilty & being brought upon their trial my Ld Ch. I. called for ye Indictment & read it, complaining yt ye crime was of a higher nature then that Bill set forth, wch he ordered to be quasht & commanded ye sd G. M. to go to Hickses Hall & cause a Bill to be drawn for High Treason wch ye Iustices there upon ye Bench were of opinion ought not to be don. Yet upon Macy & Tuccar their making oath it was his Lops command did at last permit it, but it was with great difficulty that they themselves perswaded ye Gr. Iury to find hte 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 yt the law required two eye witnesses of ye matter of fact. My Ld replied they misconstrued the statute, that these instruments were sufficient evidence the sheers supplying ye 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 Ld 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 & ye 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 wth ye Casshire of Monsr Vanderesch {illeg} who is paymaster of ye Dutch forces: persuaded or tempted ye said Clerk (or Casshire) to be confederate with him in clipping on money. Momfort being in private wth ye C{illeg}|a|sshire proposed how he should quickly get an estate & told him ye 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 ye young man should be only concerned to furnish him broad money for clipt & should receive only 2s in ye 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 Mr Bridgman of ye Secretaries office & he advised that the Casshire should comply wth ye proposals of Momfort & exchange money wth him, but wth all to contrive yt a witness or two should be in ye next room to hear & see what was done. And it happend that there was only a wainscot between ye Room where the Casshire received & paid this mony & ye 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 ye exchange at 2s 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 ye Casshire in lieu of so much broad money together with 8 clipt half crowns for ye 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 wth ye 2 witnesses, rusht in upon them & secured the man (Momfort) & the money. Mr Attorney general Treby directed a Bill of high Treason to be brought against him, & my Lord Ch. Iustice Polluxfin being then upon ye Bench ordered the statute to be read wher & directed ye Iury to find him guilty for aiding & abetting wch was as much Treason as clipping. And accordingly he was found guilty & executed.

© 2017 The Newton Project

Professor Rob Iliffe
Director, AHRC Newton Papers Project

Scott Mandelbrote,
Fellow & Perne librarian, Peterhouse, Cambridge

Faculty of History, George Street, Oxford, OX1 2RL - newtonproject@history.ox.ac.uk

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