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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
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 Psal 35.11.12 False witnesses did rise up against me they laid to my charge things that I knew not They rewarded me Evil for Good to the spoiling of my Soul Psal 7.14 16. Behold he Travelleth with Iniquity and conceived Mischief and brought forth Falsehood His Mischief shall return upon his own Head and his violent Dealing shall come down upon his own Pate LONDON Printed for Elizabeth Cellier and are to be sold at her House in Arundel-street near St. Clements Church 1680. Malice Defeated Or a Brief Relation of the Accusation and Deliverance OF Elizabeth Cellier I Hope it will not seem strange to any Honest and Loyal Person of what way or Religion soever that I being born and bred up under Protestant Parents should now openly profess my self of another Church For my Education being in those times when my own Parents and Relations for their Constant and Faithful Affection to the King and Royal Family were persecuted the King himself Murthered the Bishops and Church destroyed the whole Loyal Party meerly for being so opprest and ruined and all as was pretended by the Authors of these Villanies for their being Papists and Idolaters the constant Character given by them to the King and his Friends to make them odious they assuming to themselves only the Name of Protestants making that the Glorious Title by which they pretended Right to all things These sort of Proceedings as I grew in understanding produced in me more and more horrour of the Party that committed them and put me on Inquiry into that Religion to which they pretended the greatest Antipathy wherein I thank God I found my Innate Loyalty not only confirm'd but encourag'd and let Calumny say what it will I never heard from any Papist as they call them Priest nor Lay-man but that they and I and all true Catholicks owe our Lives to the defence of our Lawful King which our present Sovereign Charles the Second is whom God long and happily preserve so These sorts of Doctrines agreeing to my Publick Morals and no way as ever I was taught contradicting my Private ones commending at the same time to me Charity and Devotion I without any scruple have hitherto followed glorying to my self to be in Communion with those who were the humble Instruments of His Majesties happy Preservation from the fatal Battel at Worcester and whom though poor no Temptation could envite to betray him to those who by a pretended Protestant Principle sought his Innocent Blood These Truths I hope may satisfie any indifferent person in my first Change nor can they wonder at my continuance therein notwithstanding the Horrid Crimes of Treason and Murther laid to the Charge of some persons considerable for their Quality and Fortunes in that Party For when I reflected who were the Witnesses and what unlikely things they deposed and observed that many of the chiefest Sticklers for the Plot were those or the Sons of those that acted the principal parts in the last Tragedy which History told me too had the Prologue of a pretended Popish Plot. I say these things made me doubtful of the whole and the more I search'd for Truth the more I doubted that the old Enemies of the Crown were again at work for its destruction I being fully confirm'd in this thought it my duty through all sorts of hazards to relieve the poor imprison'd Catholicks who in great numbers were lock'd up in Goals starving for want of Bread and this I did some Months before I ever saw the Countess of Powis or any of those Honourable persons that were accused or receiving one penny of their money directly or indirectly till about the latter end of January 78. the Prisoners increasing very much and being in great wants I went at the request of Captain Pugh then in prison with his Letter to her Ladyship to make known their condition and also to shew her a Letter written by Titus Oats his own hand being A Narrative Of Oates and Beddo's Acquaintance in Spain and how Beddo under the Name of the Lord Gerrard robb'd Oates of ten pieces of Eight which he said was all he had and had quite undone him And also how Beddo cheated Master Francklyn the Merchant at Bilbo of three hundred Doubloons at 18 s. per Doubloon and in his way to Bruges robb'd a poor Priest of four Royals which he says is about Eight pence English and cruelly beat him because he had no more money and after that the same day robb'd a poor Franciscan Fryar of his Bread and Cheese and that there were Writs out in the nature of an Hue and Cry to take him and that the said Oates though quite ruined by the loss of his money yet was not half so much griev'd at it as for the dishonour that was thereby done to the whole English Nation This Letter was read before the King and Council the last time Master Medborn was brought thither and by him delivered to his Grace the Duke of Lautherdale in whose hand it still remains I also gave her Ladyship an account that the most part of the foregoing year Beddo lay prisoner in the Common side in the Marshalseas and was fed out of the Alms-basket having sold his Linnen and other necessaries to the Sutler for Bread and Drink After this her Ladyship taking the distressed condition of the Prisoners into her Consideration through her pious and charitable Endeavours there was a weakly Charity collected of which I had the disposing but was so far from the diverting any part thereof that I still went out of Purse of which truth both the Prisoners and others have been very sensible since my Imprisonment About this time I went daily to the Prisons to perform those Offices of Charity I was obliged to And on Thursday January the 9 th 78. I Din'd in Newgate in the Room called the Castle on the Masters Side Debtors and about four in the Afternoon I came down into the Lodge with five Women of which three were Protestants and we all heard Terrible Grones and Squeeks which came out of the Dungeon called the Condemn'd hole I asked Harris the Turnkey what doleful Cry it was he said it was a Woman in Labour I bid him put us into the Room to her and we would help her but he drove us away very rudely both out of the Lodge and from the Door we went behind the Gate and there lissened and soon found that it was the voice of a strong man in Torture and heard as we thought between his Groans the winding up of some Engine these Cries stop'd the Passengers under the Gate and we six went to the Turners