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justice_n	john_n	majesty_n	sir_n	7,792	5	7.0896	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31192	The case of Tho. Dangerfield with some remarkable passages that happened at the tryals of Elizabeth Cellier, the popish midwife, and the Earl of Castlemain, at the Kings-bench bar at Westminster, before Sir Will. Scroggs Kt, Lord Chief Justice, &c. in the month of June, 1680 : together with divers informations never yet publisht, John Gadbury his testimony, with all its evasions, some points of law insisted upon by the king & prisoners counsel; and the chief justice his opinion given therein, the manner and occasion of Dangerfield's commitment to prison, and also of his being discharged again and some animadversions upon the L.C.J. words / written by the hand of an indifferent person.	Dangerfield, Thomas, 1650?-1685.	1680 (1680)	Wing C1181; ESTC R2325	44,781	42

in the same manner but before I engaged my self in this affair with her I acquainted my Master with the design who advised me to proceed which I did and as often as she delivered those bottoms to me I gave them to my Master who forthwith carried them to the Councel at Whitehal the Contents of them I know not more than that she did in one of them request her Daughter to send Margaret Jenkinson into the Countrey and take care she wanted for nothing and here Note that Margaret was a Witness against her And that Curtis should be allowed his ten shillings a week and used with great tenderness lest he should turn Rogue as the other had done meaning Mr. Dangefield and here note that Curtis is the same man concerned in the Duke of Buckinghams business And that she should be particularly kind to Susan Edwards though she were both Whore and Thief yet she might be a great instrument towards the saving her Life when she came upon the Tryal Some time after this Mrs Cellier not thinking the way of the brown-thread safe in regard I had seemingly pretended I could not be so often at leisure to go with the bottoms as she would have had me ordered it so that the Notes should be made up in little Boxes like Pill-boxes that so they might pass under the notion of Physick and were to be left at one Howards House a Stone-cutter on the Fleet-ditch-side near Black Friars for Mrs Celliers Son in-law whose Name was Blaredale and an Apothecary in Arundel-street but these I also discovered Now for my incouragement in this affair Mrs Cellier promised to make my Fortune either by Marriage by the Dutchess of York or some other way which I should think most fit provided I would be true to her Then she further added for my incouragement that the Duke of York whom she called Master and then was in Scotland would not be long before he returned and that then it would not be long ere she should have her Liberty saying she was so much in his favour and so intimate that she both had and could be very frequently admitted the Dukes Closet by a certain scratch of the door which she said she always used and he well understood c. Anne Neathercoat The Testimony of W. Boyce c. ABout the middle of last Summer 1679. Mr. Dangerfield came to Treat with me in relation to Mr. Prance and desired to drink with me privately and thus he Attacked me three or four times still endeavouring to press upon me discourse relating to Mr. Prance wherein he seemed to express many discourses that Prance had raised of me to my prejudice and to this purpose W. Boyce The Testimony of Jane Stubbs c. WHo saith That about the Month of June 1679. Mr. Dangerfield came to her Husband who lay then very sick and desired her Husband to tell him if he had not been much Tortured when he was in Prison about the firing Fetter-lane to which her Hu●band answered he was hardly used at first but better afterwards Then Mr. Dangerfield inquired into the condition of her Husband and gave him five shillings and promised to get Money to pay the Rent of the House which was five pound and to come again but did not And asked her Husband if he knew Mrs Cellier Jane Stubbs The Information of Alice Leeson Wife of W. Leeson of Clerkenwel in the County of Middlesex Cook the 8th day of June 1680. before Sir John Frederick Kt. Alderman and one of His Majesties Justices of the Peace of the City of London as followeth THis Informant saith That having some occasion to go to the Press-yard London some time last Term she met with Mrs Cellier where this Informant did ask her how her Tryal went on whereupon she replyed I went to meet the Lyons but they did not appear but this Perjured Villain Dangerfield But I am prepared for the Lyons let them go on when they will and truly said she I now study the Law and the Statutes to bring perjured Villains to their ends and I go up to Mr. Redding to assist me and I assist him And this Informant telling the said Mrs Cellier she wondred how this PLOT was so quasht which was carried on by Mr. Oates and Bedlow she told her that they the said Oates and Bedlow were Perjured Villains and that there were more come into their Religion since the said PLOT than for many years before And that she this Informant should live to see their Religion the most flourishing Religion in the Nation viz. meaning the Popish Religion as this Informant believeth Alice Leeson Having all this united force of Evidence Testimony and Circumstances on my side I came into Court without the least suspition of meeting with such exceptions against me to do my duty as a Witness for His Majesty in the prosecution of an Information to the truth of which in substance and by allowance I had Sworn before His most Excellent Majesty himself and His most Honourable Privy-Councel and upon which Mrs Cellier had stood so long Committed by the Approbation and Act of the same Authority But to my amazing astonishment and the no small surprize of others the Prisoner who had before called me her good friend and given such a Character of my Modesty to my new-Landlord and others and judged me a good and undeniable Evidence on their parts objected against my Testimony alleadging That if she could make it out that I had been Whipt Transported Pillored or Perjured I could not be allowed a Witness against her which produced the following Dispute C. J. If you can produce any Record whereby he is Convict of any thing that can by Law take away his Testimony do it Cellier He hath been Indicted for Burglary C. J. Dangerfield were you ever Indicted for Burglary Dang I will take it at their proof C. J Let every Man have his right in Gods name Cellier My Lord I can prove him Perjured C. J. Have you any Record to prove him Perjured is he Convicted Cellier No. C. J Then you cannot do it Cellier I can prove him guilty of Forgery C. J. If you do not produce the Record you do nothing Cellier I have the Copies of several Records in Court which will be Sworn to Which being produced I then pleaded His Majesties most gratious Pardon To that Mrs Cellier replyed she had a Copy of it and that it did not extend to some of the Crimes of which I then stood Convicted And to prove her Allegation she produced a Copy of a Record of an Outlawry for Felony which occasioned the Court to order my Pardon to be read But not having it about me I prayed half an hours time to fetch it which was granted and during my absence some other Witnesses were Examined First Thomas Williamson Sworn for the King and thus Interrogated C. J. Did you ever see Dangerfield and Mrs Cellier in Company Wit No my Lord but I

THE CASE OF Tho. Dangerfield WITH Some Remarkable Passages that happened At the TRYALS of ELIZABETH CELLIER the Popish Midwife AND The Earl of CASTLEMAIN At the Kings-Bench-Bar at Westminster BEFORE Sir WILL. SCROGGS Kt Lord Chief Justice c. In the Month of June 1680. TOGETHER WITH 1. Divers Informations never yet publisht 2. John Gadbury his Testimony with all its Evasions 3. Some Points of Law insisted upon by the King Prisoners Counsel and the Chief Justice his Opinion given therein 4. The Manner and Occasion of Dangerfield's Commitment to Prison and also of his being discharged again AND 5. Some Animadversions upon the L. C. J. words Written by the hand of an Indifferent Person London Printed for the Author 1680. The CASE c. HE that goes about to justifie an ill Act of his own shall not onely loose his end but heighten and add to the former d●sgraces of his Life And therefore it would be but a vain Attempt sor any person of ordinary prudence and common reason to endeavour such a thing But when a man has done an Act applauded by the approbation of many sober persons and suffers only the Reproaches of a few and most of those his Enemies it is but the dictate of self-preservation to remove the weight that oppresseth him I have made my self the publick Discourse and in some measure the publick expectation both of Town and Country and began to do those things for which His Majesty was most graciously pleased to deem me worthy his never-to-be-forgotten Favour for this reason I cannot think my self safe from the ill opinion even of the best of my Friends should I by a neglectful and careless silence submit my self to be overborn by those Violences and Disgraces that have been put upon me in the pursuit of my gratitude for the greatest obligation that could be received from a most benign and Royal Bounty Therefore for the satisfaction of the World and to vindicate my self without any thoughts of prejudice or revenge I hold it but an Act of common Justice to my Friends and my self to make a faithful and render a true Account of the most remarkable passages in Fact that concerned the Tryal of Mrs Cellier against whom I thought I was to have been a Witness and had refreshed and recollected my thoughts to that purpose In the next place I shall add some few Observations upon the Objections made against me and my Testimony and then leave it to all unbiassed persons to judge of my intended both Loyalty and Integrity therein The Charge itself I brought against Mrs Cellier was of a high nature and form'd into an Indictment from the Relation which follows given in by my self that had been the Chief Actor in the whole concern by her means About the latter end of March in the year 1678. Mrs Cellier came to me then a Prisoner in Newgate that being the first time I ever saw her from which place in about a Months time she obtained my discharge I was no sooner out from thence but I was Arrested and carried to the Counter whither Mrs Cellier sent her servant who told me that if I could forthwith obtain my Liberty her Mistress would purchase it at any rate for that there was business ordered me to undertake the Tuesday following and if I could not get out before that day she could not tell if ever I should be freed by her or not Thereupon I removed my self to the Kings-Bench by Mrs Celliers Assistance who after I had been there about two days came to me and giving me some Money for the present told me I should have a weekly Allowance for my immediate Expences but that I should not long continue there At the same time she added further that I might do as much service there as if I were forth by observing one Stroud a Prisoner there who as she said knew much of the Life and Conversation of Mr. Bedlow and withal commended me to the Advice of two Priests then Prisoners also there which I was to take for the more secure management of that business At the same time likewise Mrs Celliers ordered me to write to one Blazedale an Apothecary for such Ingredients as I should have occasion for to lay the said Stroud in a Trance whereby I might the better accomplish the Defign which was of getting some Papers in his Custody which were reported to concern Mr. Bedlow in his Evidence Some time after as well by order from Mrs Cellier as others I was directed to Compound and discharge my Debts in pursuance whereof I was furnished with Money which not being sufficient to procure my Liberty I prevailed with a Waiter to go with me to Mrs Celliers House and by her Instructions left at home I went from thence to Powis House where I found her and where I received as much more as quite Discharged me so that in four hours after she brought me into the presence of the Lady Powis who together with her self returned me thanks for my diligence in that business of Mr. Stroud Mrs Cellier was also present when the Lady Powis sent me to Peterly with a Pacquet and was the person the Lady intrusted to make up the Pacquet Mrs Cellier was also present when I returned from Peterly and delivered the Pacquet which I brougbt from thence to the Lady Powis she was likewise by when the Lady read a Letter openly to this effect which I brought from the Priest Mr. Jeane in the above-mentioned Pacquet Good store of Pamphlets must be wrote and spread abroad persons must be imployed to go to Coffee-houses and rail against the Presbyterians and if they meet with any who offer to contend matters of Treason may be ealy laid to their Charge and so have them secured But there must be many persons imployed in these matters and it will be best not to let them know one another nor any one singly to know more than his part Some short time after there was a settlement made for me among the Lords in the Tower in consideration of my Expences and amongst the rest 't was ordered Mrs Cellier should have Ten shillings a week for my Dyet which was constantly paid her Mrs Cellier was the person also who disbnrsed Money to get Lane a Confederate against Doctor Oates out of Prison the Charges of which amounted to about Twenty pound He was also brought to Powis-house and there altered his name as well by the order of Mrs Cellier as others and she was allowed ten shillings a week for his Dyet also Mrs Cellier was the person that first imployed me to go to Coffee-houses and told me it was by order of the Lords in the Tower that I should disperse Pamphlets and raise Discourses to this effect That Sir Edmondbury Godfrey was Murdered by the E. of S's order who joyned with the Presbyterians to overthrow the Catholicks Mrs Cellier imployed persons to write Copies of the Letters and Lists of the Names

think it worth the while to put your Councel to argue this point whether he be to be a Witness or no or whether you think it may be as well supposing he be admitted that by producing the Records you invalidate his Credit Mr. Darnel My Lord I humbly conceive by the Law that point may be saved to us L. C. J. Mind what it is you would have saved you would have him Sworn and then have it saved whether he ought to be Sworn E. Cast I would not have him Sworn till the point be over-ruled L. C. J. Will your Councel argue it now Mr. Darnel I would humbly pray first the Pardon may be read there are a great many several persons Pardoned and whether this be a good Pardon to any one single person of all the offences therein Then the Pardon was read and the words Outlawries and Felonies were in Mr. Att. G. That doth do it L. C. J. Why Mr. Darnel do you think at Newgate they take out a several Pardon for a joint Felony Mr. Darnel Such I have seen but my Lord I humbly conceive upon the Exception of Burning in the Hand he is no Witness And my Lord I find it hath been adjudged in 11 H. 4. 41. that a Man Attainted and Pardoned cannot be Sworn of a Jury And the same Question hath been resolved to since in 9 Jac. reported in Goldsboroughs Reports 34. And my Lord in Bulstrode's Second part 154 't is Brown and Crashers Case My Lord Cooke is reported there to be of the same opinion and that Book goes farther that by the same reason the Testimony of such an one as a Witness is to be refused also Mr. Justice Jones This is Sir Henry Finch his Case is it not Mr. J. Dolbin No that is in Godbolts Reports Mr. Darnel And the reason my Lord Cooke gives is this he saith That notwithstanding the Pardon he is not Probus legalis Homo And 12 Jac. in Brownlowes Reports fol. 47. the King Pardoned a Man Attainted of giving a false Verdict and 't is adjudged there he shall not be a Witness for the punishment was Pardoned yet the Court said the Guilt remained M. Att. G. That is but a short Note in that Book and there is not so much in the Book as you mention Mr. Darnel I wrote it out of the Book word for word as I repeat it The King may Pardon Simonie but he cannot enable the Simonist to retain and so is Crooke 686 Smith and Shelbournes Case Mr. Att. G. The Act of Parliament expresly makes him incapable Mr. Darnel I think the King might sure have dispensed with that incapacity but the Pardon could not take away the Guilt Mr. Att. G. No sure I think he could not against the express words of the Act. Mr. Darnel He can dispense with the punishment and those other Books are clear in it That after the Pardon the Guilt remains and for these Reasons and Authorities I do conceive he cannot be a Witness Mr. Att. G. I take it it is clearly contrary to the constant general opinion and the constant practice of the Law For when a Man is Pardoned I take it you may not say he is Perjured nor he is a Felon and he cannot be reputed so to any intent or purpose whatsoever L. C. J. I shewed you the practice of Law in that Case was consonant to Reason for it was to prevent railing Language which tended to the breach of the Peace but it is another thing for him to be repelled and hindred from being a Witness Mr. J. Dolbin I do take it when the King Pardons him he makes him as if he had never committed the Offence Mr. J. Jones No not so neither Brother L. C. J. Is not his Blood corrupted if he be Outlawed and the Pardon cannot restore that Mr. J. Dolb. As to Heirship it doth not but it restores him to his ability to Purchase as if he had never forfeited that capacity Mr. Att. G. And it makes him Liber legalis Homo for it hath been adjudged that such an one may wage Battle which he which is not Liber legalis Homo cannot do And if he be Liber c. he is certainly fit to be a good Witness Nay I do know in my own experience in the point of Perjury after Pardon he was and I saw him admitted as a Witness and that was one Burroughs a Yorkshire Man L. C. J. Was it ever questioned and admitted upon debate Mr. Att. G. I cannot say that L. C. J. And I have known it stood upon and such an one rejected Mr. J. Dolb. I have always taken it even in the case of Perjury that after a Pardon he is a lawful Witness his Credit is indeed left to be what it will be to the Jury and the constant course as to Felony is so How many persons are there every Sessions at Newgate Convicted upon the Testimony of persons concerned in the same Offence and Pardoned L. C. J. Was it ever opposed Mr. Recorder I cannot adventure to say the Question was made but the Judges knew them to be so concerned L. C. J. Will they take notice without the Question put Mr. Recorder I think they are bound if the Law be so not to let persons lose their Lives upon such Testimony L. C. J. We cannot tell whether it be so or no unless we have it stirred Mr. Record I know particularly at the last Sessions Withringtons Case who was Pardoned and after by his Testimony divers others were Convicted L. C. J. Was the Record of his Conviction shewn Mr. Record They did all know it very well L. C. J. Was it a Felony for stealing Mr. Record My Lord it was for Robbery on the High-way if it were in a Case between Party and Party except there had been Record of it made out in proof it had been no objection to his Testimony But in the Case of Felony where the Life of the party is concerned the Law saith the Court are of Councel for the Prisoner and if the Court doth know in fact as this was notoriously known that the Witnesses are Convicted of Felony and in Law that a Pardon will not make them Witnesses they are obliged to urge it and make it known therefore their practice and their not taking notice seems an Authority that they ought to be allowed as Witnesses though it is true their Credit is left to the Jury L. C. J. What think you if a man hath his Ears cut off in the Pillory and after a general Pardon comes which doth pardon those Offences for which he underwent that punishment do you think he is a good Witness Mr. Att. G. I do think he is a lawful Witness L. C. J. Doth the stigmatizing signifie nothing Mr. Att. G. But by the Pardon he is restored to be Liber Homo a Freeman in his own Person to all intents and purposes Mr. Darnel That Book 11 H. 4. hath expresly resolved that he