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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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September 13th 1680. I Do appoint Thomas Collins Stationer to Print the Tryal of Mrs. Cellier at the Sessions and that no other do presume to Print the same ROBERT CLAYTON Mayor THE TRYAL AND SENTENCE OF Elizabeth Cellier FOR WRITING PRINTING and PUBLISHING A SCANDALOUS LIBEL CALLED Malice Defeated c. At the Sessions in the OLD-BAILEY held Saturday the 11 th and Monday the 13 th of Sept. 1680. WHEREUNTO Is Added Several DEPOSITIONS made before the Right Honorable the LORD MAYOR LONDON Printed for Thomas Collins at the Middle-Temple-Gate 1680. THE TRYAL OF Elizabeth Cellier c. Cl. of Cr. MRS. Cellier look to your Challenges for the Jury that is to be Sworn is to pass upon you Cellier Am I for my Life Cl. of Cr. No but look to your Challenges Ld. Mayor But if you Challenge you must give a reason for it Mrs. Cellier Cl. of Cr. Swear John Ainger Which was done Swear Richard Boys Cellier I Challenge him Ld. Mayor Mrs. Cellier you must shew a Cause for your Challenge Cellier I did not know that my Lord. Mr. Baron Weston You can Challenge none in this Case without a Cause Cellier My Lord I did not know that then I agree he shall be Sworn Which was done Then the rest of the Jury without any more Challenges were Sworn And they were all as follows JURY John Ainger Richard Boys John Stephens Thomas Phelps Gilbert Vrwin Edward Allanson Richard Liveing John Coggs Henry Hodgsden John Barnard Edward Low James Southern Then Proclamation was made in Common Form for Information and the Clerk Charged the Jury thus Cl of Cr. You Gentlemen that are Sworn Elizabeth Cellier stands Indicted by the Name of Elizabeth Cellier Wife of Peter Cellier of the Parish of St. Clement Danes in the County of Middlesex Gent. For that she being of the Popish Religion not having the fear of God before her Eyes but being moved and seduced by the Instigation of the Devil falsly and maliciously endeavouring and intending our Soveraign Lord King CHARLES the Second that now is and the Government of this Kingdom of England as also the true Protestant Religion within this Kingdom of England by Law Established to bring to hatred and contempt And also to bring Scandal and Infamy upon divers Persons produced as Witnesses that gave Evidence on the part and behalf of our Soveraign Lord the King against her the said Elizabeth Cellier and other Persons Indicted of High Treason the 1st of September in the 32th year of our Soveraign Lord King CHARLES the Second that now is at the Parish of St. Clement Danes in the County of Middlesex aforesaid Falsly Maliciously and Seditiously did Write and Publish and did cause to be Writ imprinted and published a Scandalous Libel Intituled 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-Tubb fully discovered together with an Abstract of her Arraignment and Tryal written by her self for the satisfaction of all Lovers of undisguised Truth In which said Libel are contained these False Feigned Scandalous Words and Figures following to wit 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 meaning the Church of Rome 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 murdered the Bishops and Church destroyed the whole Loyal Party meerly for being so oppressed 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 horror 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 my innate Loyalty not only confirmed but incouraged me And let Calumny say what it will I never heard from any Papists 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 Soveraign 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 Battle at Worcester and who the poor no temptation could invite 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 Murder 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 searched for truth the more I doubted that the Old Enemys of the Crown were again at work for its destruction I being fully confirmed in this thought it my duty through all sorts of hazards to relieve the poor imprisoned Catholicks who in great Numbers were lockt 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 of one penny of their money directly or indirectly till about the latter end of January 78. And in another part of the said Libel are contained these false feigned and Scandalous Words and Figures following to wit About this time I went daily to the Prisons to perform those Offices of Charity I was obliged to and on Thursday January the 9th 78 I dined 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 Condemned Hole I asked Harris the Turn-Key what doleful Crie it was He said it was a Woman
Lordship and you Gentlemen of the Jury Elizabeth Cellier the Gentlewoman at the Bar the Wife of Peter Cellier of the Parish of St. Clemens Danes in the County of Middlesex Gentleman stands Indicted of being the Author and Publisher of a Libel Intituled Malice defeated or a brief Relation of the Accusation and Deliverance of Elizabeth Cellier You have heard the Indictment Read wherein some Clauses of this Libel are Recited in the words they were written and in Mrs. Celliers own words and in other words I will not undertake to repeat them to you Gentlemen this is a Libel so Complicated and General that within this Book are contained as many Libels of several Natures and against different Persons and Orders of men as there are Paragraphs his Majesty and Protestant Religion our Laws Government Magistrates Councellours of State Courts of Judicature the Kings Evidence and the Publick Justice of this Kingdom are all Aspersed and Defamed by the virulency and Malice of this Womans Pen. She hath Charged upon the Principles of our Religion the Murther of his Late Majesty and the greatest Impieties that ever were Committed She accuseth all that have done their Duties or been Active in the Discovery of the present Popish-Plot to be Enemies of the Crown and to be the Acting over again the Tragedy of our Late Civil-War She Chargeth our Laws with Cruelties as Inhumane as they are false in permitting Prisoners to Starve under their Confinement in admitting of Racks and Tortures to be used and that for the worst purposes thereby to extort Perjuries and false Evidence against the Innocent to which she would make Persons of the best Quality of our Nobility Magistracy and Clergy Privies and Parties She Libels and King's Evidences under the Characters of the Devils Instruments and the Hangmans Hounds and Defames his Majesties Government in saying it is not safe to speak Truth but Meritorious and Gainful to do the Contrary She will appear to you to be so Criminal that nothing can aggravate her Offences unless the Impudence of the Delinquent who hath set her Name to almost every Page of this Scandalous Libel and snce the Indictment hath been depending Owned Published and put a value on her self for being the Author of so Excellent a Book To the Indictment She hath pleaded Not Guilty if the Kings Evidence prove the Charge you are to find her Guilty Mr. Bar. Weston Gentlemen the Charge is but this First she is Charged with the setting forth this Book in the next place there are several Clauses in that Book which she is particularly Charged with Now that which the Evidence will prove must be First that the Book was Owned by her and Published by her and then that these particulars Charged in the Indictment were in the Book and then you will receive the Directions of the Court of what nature the Proofs are Go on to the Evidence that is your Work fall to your Proof Mr. Dormer My Lord We will call our Witnesses William Downing John Penny and Robert Stevens who appeared and were Sworn Mr. Dormer Will. Downing Do you tell my Lord and the Jury what you know of the Printing of this Libel shew him the Libel And who brought the Sheets to the Press Mr. Downing My Lord about the 22d or 23d of August Mr. Bar. Weston Begin with Penny first Pray what say you to that Book Mr. Penny My Lord I was bid to buy a Book of that Gentlewoman and I did so I asked for her by her Name Mr. Bar. Weston By what Name Mr. Penny Mrs. Cellier Mr. Bar. Weston Is that the Gentlewoman Mr. Penny Yes that is the Gentlewoman And she came out to me and asked what my Errand was I told her it was to have a Book that you may have said she if you please Madam said I what is the Price Two shillings said She. Cannot I have them Cheaper said I No said She I sell them to Shopkeepers for 18 s. a Dozen and I must not sell them under here With that She fetch'd me a Book and I gave her Two Shillings and when She had done She gave me another little Paper Mr. Bar. Weston That is not in Issue nor your Question now Did you ask her for the Book she published and set out Mr. Penny Yes and she did acknowledg that was her Book Mr. Bar. Weston What she did own the Book she sold to you to be hers Mr. Penny This is the Book I have in my hand and I market every Sheet of it And she told me there was another little Sheet to be added to it and if any Gentleman pleased to send it into the Country that might be put up in a Letter to send by the Post Cellier May I ask him a Question Mr. Bar. Weston Tell me your Question and I 'll ask it Cellier I desire to know if I said any more than you may have a Book or there is the Book And who asked for a Book Mr. Bar. Weston Did she say any more than you may have a Book or this is the Book that I have published Mr. Penny When I got the Book and paid for it I turned about again and asked her if it was her own She told me it was and more than that if occasion were she could have put more in it Mr. Bar. Weston Why Mrs. Cellier you did not deny this Book yesterday for you may remember when you did say you wanted your Witnesses and if you could but have time to bring them you would prove the Truth of it We told you you had nothing to prove on this Issue of Not Guilty but that some body else did publish the Book and you did not You owned you writ it your self every word with your own hand Cellier My Lord If I was foolish vain Woman and did seem to speak some vain words about my self which I did not understand the Consequence of I hope a word vainly spoke by me shall not be brought against me to convict me of a Crime Mr. Bar. Weston Mrs. Cellier you do not seem so negligent about your self that we may not believe what you say of your self Cellier But vain foolish words spoke in that nature I hope shall be no Evidence against me Mr. Bar. Weston But however it is prov'd against you Cellier Did I say I writ it Mr. Penny You told me that was your Book Cellier I told you Pray my Lord put one Question to him upon the Oath he hath taken did I say any more than it was mine and I sold it not that I writ it or was the Author of it Mr. Bar. Weston Mrs. Cellier This is a Book that is Intituled with your Name and sold by your self Now in any ones Judgment this is both an owning of the Book and publishing of the Book When you Sold it you gave it out as your Book and it hath in the Title Page your Name as the Author of it Cellier My Lord if I could have
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