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A63166 The tryal and sentence of Elizabeth Cellier for writing, printing and publishing a scandalous libel called, Malice defeated &c., at the sesions in the Old-Bailey, held Saturday the 11th and Monday the 13th of Sept., 1680 whereunto is added several depositions made before the Right Honorable the Lord Mayor. Cellier, Elizabeth, fl. 1680.; England and Wales. Court of Quarter Sessions of the Peace (London) 1680 (1680) Wing T2171; ESTC R24639 29,208 36

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nothing to say for her Mr. Baron Weston He says he hath nothing to say for you Mr. Collins And if you had said less for your self it had been better Mr. Baron Weston The Question is but Guilty or not Guilty Whether you published this Libel or not and if the Matter of the Indictment be proved what can Counsel say except you can disprove the Witnesses that you did not the Fact Cellier Well my Lord then I beseech you consider me I am a Woman and deal with me in Mercy as well as Justice Mr. Baron Weston Mrs. Cellier I have not been noted to be a Person that use any great severity towards any body no not towards any of your Party but when I see so much Malice as is comprized in your Book and have reason to suspect that this is not acted only by you tho you bear the name of it but some of your wicked Priests are the Authors of it as I am sure they are then I think it is not severe that you who stand at the stake for all must bear the blame of all If you will tell us who it was that set you on work and assisted you in this wicked Business that will be something towards the mitigation of your Fine but if you will take it on your self you must-suffer the Consequence Cellier I beseech you my Lord have some Compassion His Majesty acknowledged before the Counsel that I had suffered for him I ventured my Life through a Sea and an Army to serve him I lost my Father and my Brother both in a day for him and if you have no Compassion for me have some Commiseration for my Loyal Parents that lost their Estates for him Mr. Baron Weston If you have done Service for His Majesty and thereby deserved any thing of him His Majesty hath been so bountiful in the dispensation of his Favour that he would not fail to recompence you for it but we are to proceed according to the Rules of Law Cellier But pray have some Mercy in your Justice Mr. Baron Weston Gentlemen of the Jury This Gentlewoman the Prisoner stands Indicted Jury We have not heard one word that hath been said Mr. Baron Weston No That is strange I will acquaint you with as much of the Evidence as falls under my Information It had been well if you had told us this before The business is this She stands Indicted here for Writing and Publishing of a very scandalous Libel But pray did not you hear Penny prove that she sold it Jury We heard the three first Witnesses Mr. Att. General There was the proof of the Fact Mr. Baron Weston The rest of the Evidence was but a Comparison of the Clauses in the Book with those in the Indictment which you are to have Direction from the Court in that they do She stands Indicted for publishing a Libel and the Title of the Libel is MALICE DEFEATED Or a brief Relation of the Accusation and Deliverance of Elizabeth Cellier Now this Libel branches it self out into several Parts the first whereof is a very fine Insinuation as tho her leaving the Protestant Religion was because those that Murdered the King and made that very great Subversion that was made in the Government by the late Long Parliament and the Army that succeeded them were Protestants Cellier Pray my Lord I say called Protestants Mr. Baron Weston By your favour she pretends it was by those that were called Protestants but if they were only those that were called Protestants and not Protestants What reason had she to go off from the Protestant Religion to turn Papist when there was such a Body of Loyal Protestants that did adhere to the Loyal Party therefore that was as villanous an Insinuation as could be as tho the Protestant Religion did Nourish and Teach Seditious Principles which in the consequence of them tended towards the subversion of the Government and Order which certainly it does cherish in the highest Degree of any Religion in the World and hath the most peaceable Principles in matters of Duty both in subjection to our Superiors and of a charitable Deportment of Men one towards another and the practice of those Principles hath been seen amongst Protestants especially amongst the English Protestants as much as in any Nation of the World this may be said of it to this day for the Reputation of the English Nation that there is more Fidelity Honesty and generous Trust among them than among all the Nations of the World besides so that if a man were to go out of England to any other part of the World he might very well use the words of Demosthenes upon his going out of Athens at his banishment Farewell beloved City I am going into a World where I shall not find such Friends as I have had Enemies here Friends in other places will be no better than our Enemies here the Carriage of English-men is so much beyond all others except the Germans who I must confess are Famed for their Honesty and Integrity one to another but if you take the French the Italian the Spaniard or any sort of the Levantine People they live like so many Wolves especially in those places where the Popish Religion is professed Now after this Insinuation there is another part of the Book recited in the Indictment There was an horrid barbarous Murther that was committed here and which certainly did fix the Accusation of the Plot fuller upon them than all the Evidence that was given besides the Murther of Sir Edmondbury Godfrey a Magistrate in doing of his Duty was most barbarously murthered and by whom is Evidenced by one Prance it hath been the whole labour of the Party to cast this Murther upon other persons and take it off themselves for they find if that Accusation sticks upon them it is a thing of so hainous a Nature that it will make the Popish party odious to all Mankind And therefore this they labour at mightily and this Task she hath taken on her self for knowing Prance to be a Principal Witness she undertakes to let the World know that Prance was tortured in Prison to Insinuate that the Evidence he gave against those Persons who were Executed for this Murther was Extorted from him by ill and cruel usage But you must first know the Laws of the Land do not admit a Torture and since Queen Elizabeths time there hath been nothing of that kind ever done The Truth is indeed in the 20th year of her Reign Campion was just stretch'd upon the Rack but yet not so but that he could walk but when she was told it was against the Law of the Land to have any of her Subjects Racked tho that was in an extraordinary Case a world of Seminaries being sent over to contrive her death and she lived in continual danger yet it was never done after to any one neither in her Reign who Reigned 25 years after nor in King James's Reign who Reigned 22 years
and Swearing Dam them he should stand and do as they would have him and he saw four and he saw Sir Edmond-Bury Godfreys body in a Sedan and he sham'd upon them that he could not carry him for that the Axle-Tree of his Coach was broke I was in a Room by the Bar and I over-heard the Fellow talk after this Rate I came out and asked him said I are you sure of this then he tells me the same Story over again whereupon I began to ask him if he were a Master for himself or Drove for another the Fellow being sensible he had been too lavish in his Discourse pretends to light his Pipe in hast and to run out to see whether the Seats of his Coach were not stolen out and I took a Candle with me and went after him to take the Number of his Coach by that time I got to the Door he was driving away though he had left his Whip with the Gentlemen as Security for his stay I come in set down the Number of his Coach in my Book and drew up the substance of their Discourse that hapned between my Wife and him and I was saying to my Wife I had a mind to stop this Fellow at the Gate but it rained and so I did not only kept the Number of his Coach The next day Captain Richardson and the Secondary of the Counter were Drinking a Glass of Wine at my house where I told them the Story and they blamed me that I had not stopped him Whereupon Captain Richardson took the Number of his Coach and the next day sent his Janizaries abroad and secured him and kept him in Custody for two or three days Mr. Bar. Weston When was this Mr. Fowler Two or three days after the Murder was publickly known of I think it was Tuesday Night that this Fellow told me the Story to the best of my remembrance and the next day I told the Captain and the Secondary Mr. Bar. Weston Was that the next Tuesday after the Murder or the Tuesday sevennight Mr. Fowler It was the Tuesday sevennight after They blamed me very much that I did not stop the Fellow I told them how the thing was and the Captain sent his people abroad and took the Coachman up by what marks I gave of him The next day I was Ordered to wait upon the Lords at Wallingford-House where was the Duke of Buckingham my Lord Shaftsbury the Marquess of Winchester two other Lords and Major Wildman the Secretary where they Examined me upon this thing and what I have declared to your Lordships I declared then And they brought the Fellow in Face to Face and there he does Confess the whole matter and made a great whining and clutter that John such an One a Coachman and Mrs. such an one a Strong-water Woman told him this and that and t'other The Lords sent for two of the Persons he named and both of them being brought before them the Lords were very well satisfied in that One of them keeps a Victualling House and they were both of good Reputation they were satisfied it was only a Sham and that he only Named them as the first Persons that came into his mind Getting nothing out of him my Lord Duke of Buckingham told him Sirrah if you will confess there shall be nothing of what the King hath promised but it shall be made good to you you shall be sure of it and you shall be protected My Lord Shaftsbury told him the same but withal if he would not confess and tell him who set him on Work then nothing should be severe enough for him or words to that effect Mr. Bar. Weston Upon this Accusation was he sent to Prison Mr. Fowler He was Re-ordered to Prison and there continued several Months Mr. Bar. Weston Where To what Prison Mr. Fowler To Newgate Mr. Bar. Weston Were you ever in Newgate and saw him Mr. Fowler Never not I. Mr. Bar. Weston Did you never see him but at this Chamber with the Lords and at your own Tavern Mr. Fowler Never Mr. Bar. Weston And you never were in Newgate in your Life with him Mr. Fowler No not I. Mr. Bar. Weston Were you ever in Newgate with him with my Lord Duke of Buckingham or my Lord Shaftsbury or any other Lord Mr. Fowler No. Mr. Bar. Weston Or any other Duke whatsoever Mr. Fowler No. Mr. Bar. Weston Or any Lord or Nobleman whatsoever Mr. Fowler No Except 4 Years ago with my Lord Petre. Mr. Bar. Weston There is no danger of him But as to this Affair were you ever with any Mr. Fowler No. Mr. Bar. Weston Did you see any Sword drawn or money offerd Mr. Fowler There was never any Sword drawn nor money offered Mr. Att. Gen. Did you ever see 500 l. laid down upon a Table Mr. Fowler There was never any Sword drawn nor Mony laid down Mr. Bar. Weston He answers that very fully for he says he was never in Newgate with any Nobleman but once with my Lord Petre Four years ago and if he was with any Nobleman he is accused to be there in the presence of a Duke and another great Earl and that the Duke drew his Sword and the other Nobleman laid down a great deal of Gold which he said did amount to 500 l. and told him it should be his and that if he would accuse some other Persons they would maintain him and then he did draw the Fellow aside and tell him can't you name some body then you and I may have money enough This is the Accusation of the Book but now 't is denied that ever he was in Newgate with any such Persons which is consequentially a Denial of the whole Charge Cellier I did not write that this was true but I writ that the Fellow told me so Mr. Bar. Weston We will see that in the Book in the first place We have Examined this thing by the by and tho 't is a little out of the way yet it may be satisfactory read the Book Cl. of Cr. Malice Defeated c. Mr. Bar. Weston Compare it with the Record for She shall have a Fair Tryal by the Grace of God Then the several Clauses recited in the Indictment were read over again by the Clerk out of the Book and compared by the Judge with the Record Mr. Bar. Weston These are the Clauses in the Book that are proved Exactly upon you Now I must tell you because this Book doth cast a very great Infamy upon our Religion and on the whole Government it ought to be taken Notice of For in the first place to contrive to get a Man into Prison and by Tortures to compel him even to commit Perjury then to hale another Man to Prison and have him thus barbarously used as to have Nobles to come to him one with a Sword drawn another with Money in his hand laying it down as a temptation and to force him to discover what he was not willing to