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judgement_n according_a judge_n law_n 4,882 5 5.2868 4 true
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A31465 Malice defeated, or, A brief relation of the accusation and deliverance of Elizabeth Cellier wherein her proceedings both before and during her confinement are particularly related and the Mystery of the meal-tub fully discovered : together with an abstract of her arraignment and tryal, written by her self, for the satisfaction of all lovers of undisguised truth. Cellier, Elizabeth, fl. 1680. 1680 (1680) Wing C1661; ESTC R17590 56,493 52

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those Words to be no way maliciously spoken nor regarded it further than common Discourse Serjeant Maynard What Religion are you of Gadbury A Protestant according to the Church of England Serj. Maynard Such Protestants do more harm than Papists Gad. Sir I am neither Papist nor Presbyterian nor was I any of the Tribe of Forty One Then he went on with his Evidence saying That when the King was Sick at Windsor I asked him whether he thought his Majesty would live or dye supposing as he thought that he might have taken some notice of the effect by observing the beginning of the Distemper but says That I did not desire him to erect a Scheme for that purpose nor to Calculate the Kings Nativity and that he believes I had talked at this rate five or six times always expressing great fears of his Majesties Death and the Troubles that may thereupon arise through the restless Malice of the turbulent Factious Party and that he with as great Trouble told me he durst not presume to Judge of such and so weighty an Affair as that was But that he remembers he Calculated a persons Nativity for me to know whether he would be just to me in gathering in such Debts as were due to my Husband who was a French Merchant And that from thence he caution'd me to beware of him but that he knew not the said person was Dangerfield till he came before the Counsel bringing onely the time and Place of his Birth without making any mention of his Name but that the said Dangerfield thence took occasion to swear him into the acquaintance of the Countess of Powis and several Honourable Lords whose Faces he never saw This was the substance of Mr. Gadbury's Evidence L. C. J. Brother you are mistaken in your Evidence Att. Gen. We are in this but I hope we shall not be mistaken in others Then Dangerfield was call'd in Cel. My Lord I except against his Evidence as a person that has not the Qualifications the Law requires in Witnesses of Treason and I pray that I may be heard to prove it and that the Court will protect my Witnesses from his Insolence for the last time I stood here in order to my Tryal he struck one of them here in presence of His Majesty in the Face of the Court and threatned to kill others if they appear'd again L. C. J. Have you Witnesses of this Cel. Yes my Lord I will offer nothing to the Court but what I will prove by Witnesses and Records And to do this I have taken of a few of the Records of his many Crimes and but a few because I would not be chargeable to my Husband or troublesome to the Court I have but Thirteen Judge A pretty Company L. C. J. Go on then Cel. Call Mr. Pearson He appear'd I pray'd he might be sworn L. C. J. That may not be against the King Cel. My Lord it is not against the King for the King is as much concern'd to preserve me if I be Innocent as to punish me if I am Guilty And by the Statute of the Fourth of King James it is ordered that persons accus'd shall have Witnesses produc'd upon Oath for his better Clearing and Justification And the Lord Cook says That he never read in any Act of Parliament Author Book Case nor ancient Record that in criminal Cases the Party accus'd should not have sworn Witnesses And therefore there is not a spark of Law against it And the Lord Cook dyed but lately and if there was no Law against it then I desire to know by what Law it is now denyed me for the common Law cannot be altered And I pray your Lordships being of Counsel for me that you will not suffer any thing to be urged against me contrary to Law but that my Witnesses may be sworn or Counsel assign'd me to that Point of Law A Judge What would you have Counsel for This does not affect you yet Go on Cel. Mr. Pearson pray tell the Court how Dangerfield us'd you the last time I was here Pearson I stood in the Hall and he came and asked me how I durst Subpoena any man and not tell him for what and struck me on the Arm. Judge Did he so Cel. Call Mr. Barrard He appear'd and testified the same Cel. My Lord Witnesses for Treason ought to be Honest Sufficient Lawful and Credible And I will prove that he hath been Burnt in the Hand Whip'd Transported Pillorie'd Out-law'd for Felony Fin'd for Cheating and suffer'd publick Infamy for many other notorious Crimes Mr. Clements bring the London Record He produc'd it Judge Can you swear this is a true Copy Clem. Yes my Lord I examin'd it Then he was sworn and the Clark read the Record which shew'd That in the 25 th Year of his Majestie 's Reign he was Convict of Felony at the Old-Baily for stealing a Tortoice-shell Cabinet and ten pieces of old Gold out of the House of Robert Blagrave and being asked what he had to say for himself that Judgment should not pass upon him according to Law He said he was a Clark and desir'd the benefit of the Book which was granted and he read and was according to Law Burnt in the Hand A Judge Can you prove he is the man Cel. Call Mr. Ralph Briscow He appeared and testified that he was the Man and he saw him Burnt in the Hand Cel. Call Captain Richarson He appeared and testified the same Then Dangerfield offer'd to go away One of the Judges call'd to him and ask'd him whither he went a Lawyer answer'd to fetch his Pardon for he was come without it L C J. Make hast then Then there arose a Question among the Judges whether Felony was sufficient to take away his Evidence his Clergy having restor'd him And an excellent Discourse pass'd amongst them upon that Subject but I cannot remember the particulars so well as to insert it here One of the King's Counsel alledged that he was made a good Witness by his Pardon Cel. My Lord He is not Pardon'd Fellonies Burglaries nor Forgeries And I will prove him convict of all these and the King cannot give An Act of Grace to one Subject to the prejudice of another as this Pardon will be to me if this prodigious Villain be thereby made a good Witness to take away my Life Nor doth his Pardon include his Crimes Then I produc'd a Copy of his Pardon but remembring I was not oblig'd to believe that he had a Pardon till he himself had produc'd it I call'd for it back again then the Court went off the Cause and heard motions but Dangerfield staying long they began to examine Witnesses on his behalf First Thomas Williamson was call'd Who said he knew nothing of my treating with Dangerfield nor ever saw us together but that he was imploy'd in businesses of Charity by me to get Prisoners out and Dangerfield among the rest Mr. Scarlet was call'd and said he turn'd him
frustrated I have review'd his half-witted Narrative between which and that of the worthy Gentleman Mr. Roderick Mansel * But what do I seem to grant Mr Mansel to write a Book he can more easily convert Guinies into Spanish Cobs and it will be a less Miracle I know not how good a Swords-Man he is but yet have heard of his Active Passive Valour ●●th in Ireland and elsewhere before I saw the Title of Colonel added to his Name in a Narrative But I must confess I never did or ever shall take him for a man of the Pen no not so much as upon suspicion Let him therefore thank Mr. A. for the mischief of that Imposition I find so great an agreement as satisfies me they had accorded their Stories before the Papers were lodg'd in Ax-yard Westminster And also that both Naratives were dictated by the same Spirit one being a true Transcript of the other but chiefly that Don Roderigo and Seignior Thomazo are both right Romantick Heroes and have added much to the small adventures of others and related many imaginary ones of me which never entred into my thoughts I having from my Childhood abominated such Practices But they have been very silent in their own most Stupendious Acts and Endeavours But all their Squires being absent it would much have derogated from their Worth to have blown the Trumpets of their own fame And because I am inform'd that a Person of great Understanding in the Worthy Collonels Affairs is writing a large Narrative of his Projects in IRELAND and HERE also Therefore I will say no more but leave him to that Fate which usually attends Men of his Spirit and Loyalty both in this World and in the next And give you an Abstract of Seignior Don Thomazo Ganderfieldo Francisco de Corombona c. his Recorded Virtues and what himself hath told to many Persons that are ready to attest it upon Oath together with the great Character I have receiv'd of him from the Inhabitants of Waltham Abby the place of his Nativity where they affirm that before he was Seven years of age his Fingers were such Lime-twigs that he could not enter into any House but something would stick to them and being corrected by his Father for the many Thefts he committed he ran away and wandring up to London was receiv'd into St. Bartholomew's Hospital where at 10 years old his Father found him But as he hath done since he stoutly disown'd his Father and would not go with him However his Father took him home and if himself may be credited from that time he studied to be a Rogue and before eleven years of age he agreed with one Jemmy a Scotch-Man and robb'd his Father and run away into Scotland where as young as he was he committed some Crime which he said would have cost him his Life had not the Laird of before whom Jemmy's Father and his Prosecutor brought him taken pitty on his Youth and dismist him with a small sum of Money to bring him to Edenborough where the young Don being arriv'd and finding Scotland no place for his purpose he projected how to change Countreys And some Gentlemen being then at Edenbrough ready to Imbarque for Spain they entertain'd him for a Lacquey and transported him into a warmer Climate but soon turn'd him out for his * Margaret Jenkins and others to whom he told it with more of his Virtues and strange attempts then can be contained in one sheet of Paper with Proofs that he also is a Slave to Truth Faithfulness and Impartiality as the worthy Collonel professes to be in the Eloquent Harangue before his Famous Narrative old Tricks then as he says he turn'd Mendicant from Dore to Dore for about a Month after which he became a Soldiers Boy and not being able to live on Three Halfpence a Day he then resolv'd to fall to the practice of the Roguery he had so long studied and attain'd to a great perfection in the Thieving Trade And amongst other Virtues he also learn'd to Guild Copper Cobs and made them pass for Gold and plaid such Pranks that being too young to be put to Death he was mark'd by the Ezecutioner of Port Ferara with an N and a G in large Gun-powder Letters on the Back of his Right Hand and then lasht out of the Town And being almost starv'd a Master of an English Vessel in Charity brought him back for England being now about 14 or 15 years of age Then the wandring Don return'd to the Father he formerly deny'd to own But he refus'd to receive him yet had Compassion on his miserable condition and put him as an Apprentice to a Barber from whom he ran and fell so close to the Thieving Trade that by his own Confession and the Testimony of others he was condemn'd to be hang'd before he was 17 but obtain'd a Pardon of Transportation and went into Flanders But though he chang'd Countries Qualities he chang'd not for in a few years he became so great a proficient that he counterfeited the Prince of Orange's Hand and Seal and was committed to the Castle of Antwerp where he lay long and had been starv'd as himself says but for the Charity of the English Nuns who every day sent him Meat and Drink About 12 Weeks after his Commitment he was try'd and condemn'd to be Hang'd But Father Worsly an English Priest after the charitable example of the English Nuns at Antwerp who not only fed this starv'd Snake but also sav'd and supported Captain Spurn-Cow in the like Danger by earnest solicitations procured his Pardon and brought it at the critical Minute when one end of the Halter was about his Neck and the other tied to the Gallows and the Ladder ready to be taken away This charitable Person also collected 30 odd Pounds and gave it him to bring him over into England and to put him into an honest way to live and so dismist him with much good Counsel which he never had Grace to follow Some Months after he was 18 years old he arriv'd in England and fell close to his old Trade and had such success therein that in the 19 th year of his age and London ss In the 25 th Year of His now Majesties Reign he was indicted at the Old Baily for stealing a Tortoice-shell Cabinet and ten pieces of old Gold out of the House of Robert Blagrave the Vintner that now keeps the Crown-Tavern behind the Old Exchange The Jury found the Bill and he was afterwards try'd thereupon and found Guilty and being brought to receive Sentence and ask't what he had to say for himself that Judgment should not pass upon him according to Law he said he was a Clark and prayed the benefit of the Book which was granted and he read and was burn'd in the left Hand Essex ss At Chelmsford in the said County the first day of March in the 27 th Year of His now Majestie 's Reign at the Assizes