he said he did it for Mrs. Cellier I bid him have a care that he did no more than what he could justifie He desired me that I would not hurt him and I was loth to do a poor man wrong but away I went to the Secretary but I asked him before what was become of the Sheets he said he carried them to Mrs. Cellier said I did she bring you the Copy said he she sent it sometimes by one Messenger sometimes by another for she sent several and when I came to her she did telll me it was her Book and that she kept a man to write it and she Dictated it to another that sate by her and she often owned it was her Book and she the Author of it Cellier I never said so in my life Mr. Stevens Mrs. Cellier by the same Token when you sent for Bail you had occasion to write a Note and I saw you write it and said I now find 't is none of your hand-writing by the difference between the Note and the Copy Said she I know that well enough but I keep a man in the house to write it and I Dictated to him and he wrote And I have seen there one Grange and one Sing but Grange hath come to me several times about hers and other business and she did tell me she did Dictate the Book to that man and paid him for writing it Says she I am up very early every morning and preparing and Dictating things for the Press She hath put out two sheets since and this day at One a Clock she hath invited the Mercuries and the Hawkers to come and receive a New Pamphlet Mr. Bar. Weston Do you know her Hand-writing Mr. Stevens I have not that Note by me Mr. Bar. Weston Did you see the Copy Mr. Stevens Some part of it I did see Mr. Bar. Weston Was it any part of it of her Hand-writing Mr. Stevens No I believe it was none of her hand Mr. Bar. Weston Was it several hands Mr. Stevens I saw but one part of the Copy and that was all of one hand but not hers I believe She said she kept a man to write it and she had several other things for him to write to be Printed Mr. Bar. Weston Did she before you affirm her self to be the Author of the Book Mr. Stevens She did if it please you before the Secretary and before the Council and said she would Answer it And I have seen her likewise sell several of them several days Mr. Dormer Did she deliver any of these Books that you know of Mr. Stevens I have seen her deliver them out several times before me my self she can't deny it Mr. Bar. Weston Compare the Book with the Indictment Mr. Dormer Swear Mr. Fowler which was done Mr. Bar. Weston What is that Fowler Mr. Dormer Shew him the Book if you please which was done Did you Buy any of those Books of Mrs. Cellier Mr. Fowler I bought two of them I went to her house and told her I had a Letter from a friend out of Oxfordshire that desired me to buy two of her Books Mr. Dormer Is that the same in your hand Mr. Fowler 'T is the same as I believe Some friends came to my house and told me they had seen me notoriously in Print so I came to her and told her I had a Letter out of Oxfordshire for a Book or two of hers Sir says she I le fetch you one presently she comes again with them Madam says I I believe you have forgotten me Cellier I know you not I never saw you in my life before Mr. Fowler No I believe not but yet you could put me in your Book Mr. Bar. Weston Why what is your Name Mr. Fowler My name is Fowler Mr. Bar. Weston Where do you live Mr. Fowler At the half-Moon Tavern in Ch-Si when I am at home Cellier Your name is not in the Book Mr. Clare There is one F. that keeps the half-Moon Tavern in Ch-Si Mr. Bar. Weston You Swear you had two Books of her Mr. Fowler Yes Madam says I I see you are full of business so I paid her 4 s. for them and away I came Mr. Dormer Then you had no Discourse with her farther who was the Author had you Mr. Fowler No not a Syllable farther I had only occasion to get a couple of books for some persons of Quality had been at my house and told me my Name was in it and were pleased to Joke with me about it as particularly Mr. Henry Killigrew came one day to my house and called me into the Room says he you are notoriously in Print and known to be Company for a great Duke and great Lords you shall Drink a Gass of Wine now with me and so tells me the Story and thereupon I went to her house to buy a couple of books Mr. At. Gen. You are the man meant by the F. Mr. Fowler I keep the half-Moon in Cheapside Mr. At. Gen. There is something supposed in this Book to be done by you at your going to a man in Prison is that true Mr. Fowler That I suppose is cleared by an Oath from Corral the Coachman but withal I gave my Oath for it before my Lord Mayor my self Mr. At. Gen. Pray for the Satisfaction of People tell us what you know of the matter Mr. Fowler The substance of my Oath before my Lord Mayor was this That I never was with any Great people as they Tax me in my life with any great Duke or Lord that I never did see any of the things that they say there that the Duke should draw his Sword and a Lord profler 500 l. or I Whisper to the Coachman that he should name some great Persons and then he and I should have mony enough Mr. Bar. Weston But I come nearer to you with a Question Mr. Fowler Mr. Fowler Yes my Lord if you please Mr. Bar. Weston Was one Corral a Coachman apprehended for carrying away the dead body of Sir Edmond-Bury Godfrey at your motion and accusation Mr. Fowler As to that I will tell you the Occasion of all our Discourse if it may not be too tedious Upon the Death of Sir Edmond-Bury Godfrey a Coachman was one day called to carry some Gentlemen that were in my house but they staying a little longer than ordinary he went away and as they say drop'd them thereupon another Coachman was called which was this Corral mentioned in this Libel and he went up to the Gentlemen into the Room and they to engage him to stay secured his Whip he comes down and begs a Pipe of Tobacco of my Wife in the Bar ay said she thou lookest like a good honest Fellow and I believe thou hast no hand in the Plot a Casual word that was passant at that time whereupon he begins to tell her it was very well for him for he had escaped that danger four of them meeting him against St. Clemens Church-wall
it to be Printed or if you are not satisfied in that yet if you are satisfied she caused it to be Published you are to find her Guilty of so much Cellier The Printer does not say I Writ it Mr. Att. Gen. But he does say you gave it him as yours and to you the Sheets were sent to be Corrected Then the Jury desired they might have the Book with them Mr. Clare My Lord the Jury wants the Book that was Sworn to Mr. Baron Weston They can have no Papers without Agreement neither the Book nor any Paper else Mr. Att. Gen. Not unless she will consent to it Mrs. Cellier Will you Consent that they shall have the Book out with them To which after some Pause she answered No. Mr. Baron Weston Then they cannot have it by Law Then the Jury Withdrew for a little and Returned Clerk of the Crown How say you Is Elizabeth Cellier Guilty of the Writing Printing and Publishing of the Libel for which she stands Indicted or not Guilty Foreman Guilty At which there was a Great Shout And the Verdict was Recorded Mr. Baron Weston She must stand Committed to receive the Judgment of the Court. Cellier Will you give me leave to speak a VVord now Mr. Baron Weston I cannot give you any Judgment for by the Custom of the City that is to be done by the Recorder or his Deputy and so what you will say to the Court you must say to them that will be on Monday when the Sessions is done Cellier What I would say is only this That I am a Woman and wherein I offended I offended out of Ignorance and did not know it was an Offence and if the Offence be mine let not others suffer for me Have Mercy in Judgment and consider my Loyal Parents and Relations and the Services they did His Majesty and let this Fault be wiped out by that Service and Duty I and they paid Him or at leastwise let the punishment for this Offence be mitigated in Consideration that all my life ever since I had the first use of Reason I have been a Loyal Subject Mr. Baron Weston These are things that will be considered on Monday but we cann't take consideration of it now Cellier I will go away then and come again on Monday Mr. Baron Weston No you are to be committed till then And so the Keeper carried her back to Newgate from whence on Monday the 13th of September she was brought to the Bar to receive her Judgment which Mr. Recorder gave thus Mr. Record M rs Cellier THe Court doth think fit for Example sake that a Fine of One thousand pounds be put upon you That you be Committed in Execution till that thousand pounds be paid And because a Pecuniary Mulct is not a sufficient Recompence to Justice which you have offended the Court doth likewise Pronounce against you That you be put on the Pillory three several days in three several publick Places In the first place in regard her braided Ware received its first Impression and Vent at her own House It is thought fit that she stand as near her own House as conveniently can be between the hours of Twelve and One for an hours space at the May-pole in the Strand on the most Notorious day I think there is a Market near that Place let it be on that day At another time That she stand in Covent-Gardeu on a Publick day the like space of time A Third time that she stand at Charing-Cross on the most Publick day for the space of an hour And in the next place That she find Sureties for the good Behaviour during her Life and in every place where she shall Stand on the Pillory some Parcels of her Books shall in her own view be burnt by the Hands of the Common Hangman and a a Paper of the Cause to be put upon the Pillory Then the Court charged the Sheriff That he take Care in every Place for a sufficient Guard that the Peace may be kept and she was returned to the Goal Whereas in a Narrative or Printed Book or Libel called Malice Defeated or a brief Relation or Accusation of the Deliverance of Elizabeth Cellier IT is amongst other things in Page the Third and Fourth of the said Book written as followeth viz. Soon after this Francis Corral a Coachman that had been put into Newgate upon suspicion of carrying away Sir Edmond-Bury Godfrey's Body and lay there thirteen Weeks and three days in great Misery got out I went to see him and found him a sad Spectacle having the flesh worn away and great holes in both his Legs by the weight of his Irons and having been Chained so long doubled that he could not stand upright he told me much of his hard and cruel usage as that he had been Squeez'd and hasped in a thing like a Trough in a Dungeon under ground which put him to inexpressible torment insomuch that he soonded and that a Person in the habit of a Minister stood by all the while That a Duke beat him pull'd him by the Hair and set his drawn Sword to his breast three times and swore he would run him through and another great Lord laid down a heap of Gold and told him it was five hundred Pounds and that he shall have it all and be taken into the aforesaid Dukes house if he would confess what they would have him and one F. a Vintner that lives at the sign of the Half-moon in Ch-si by whose contrivance he was accus'd took him aside and bid him name some person and say they employ'd him to take up the dead body in Somerset-yard and gave him mony for so doing that if he would do this both F. and he should have mony enough He also told me that he was kept from Thursday to Sunday without victuals or drink having his hands every Night Chain'd behind him and being all this time lock'd to a Staple which was driven into the Floor with a Chain not above a yard long that in this great extremity was forc'd to drink his own water and that the Jaylor beat his Wife because she brought victuals and prayed that he might have it and threw Milk on the ground and not look at him c. For the Readers farther satisfaction of his great and Cruel suffering I refer to the Party himself now living in Gunpowder-Alley in Shoe-Lane and well known by his Misfortunes I Francis Corral of Gunpowder-Alley in Shoe-Lane being the Person before named Make Oath that Mrs. Cellier was never with me in the Prison of Newgate and that I never told her there nor any where else that ever I was Chained so long double that I could not stand upright nor never told her that I had any hard or cruel Usage there nor that I was ever Squeezed or Hasped to a thing like a Trough in a Dungeon under ground which put me to Torment nor that I Swooned nor that a Person in the Habit of a
produced my Witnesses I could have made my defence they have been at several places for them they have been all about Town and several ways at Sir Joseph Sheldon's and a great many other places and can find none of them Mr. Bar. Weston To what purpose should your Witnesses come Cellier I should with them have made my Defence Mr. Bar. Weston If you would have said to us yesterday that you had Witnesses to prove that any one else writ the Book we would have put off the Tryal But you said you writ it every word of it your self and so owned the Issue but now you pretend you want Witnesses to what purpose would you have them come Cellier 'T is not the honour of the Bench my Lord to give Evidence and I hope you won't take that advantage of my vain words Mr. Bar. Weston 'T is the honour of the Bench to repeat what you say when you ask time to put off your Tryal and the Court gives you direction to what purpose Witnesses may be used and you renounce that and take the Fact upon your self Cellier But I hope that is no Evidence Mr. Bar. Weston It was spoken openly in the Court every body heard it Cellier I am surprized and have no witnesses Mr. Bar. Weston 'T is easie to pretend that you want Witnesses but to what purpose would you have them Cellier My Lord I hope you will please to remember he Swears I said only it was mine not that I was the Author Mr. Att. Gen. If you Sold it that is a Publishing in Law and is within the Indictment Cellier But he did not say I writ it Mr. Bar. Weston Pray Mrs. Cellier don't trust your self upon that for he said after he had it he asked you is this your Book You said yes it is my Book and if I had been aware I could have put a great deal more in it than I have done Cellier But I did not say I writ it Mr. Penny You said if it were to be writ again you could put more in it Cellier I said it was my Book and so it was because it was in my possession but not that I writ it This is my Fan but it does not follow that I made it Mr. Bar. Weston But the Question was concerning the Author of the Book Cellier He did ask me no such Question Did you ask me if I was the Author Mr. Penny No I did not Mr. Bar. Weston But what did you ask her Mr. Penny I asked her whether it were her Book Mr. Bar. Weston And did she own it Mr. Penny Yes she did Cellier So it was mine in possession Mr. Bar. Weston Did you mean by your Question whether that Book was hers in property or she were the Author and Publisher of it Mr. Penny I would know whether it was hers or no. Mr. Bar. Weston But what was your intention in asking was it whether She or any other Person made it Mr. Penny I don't know who made it She told me it was hers Mr. Bar. Weston But what was your meaning in it Mr. Penny My intentions was for fear she should have given me some other Book to know whether it was Writ by her or no. Cellier My Lord I am not to be judged by his meaning but by his Question and my Answer Mr. Att. Gen. Did she tell you she Sold more of them Mr. Penny I turned about when I had the Book and said I can I have if occasion be any more she said she had but 4 or 500 left and in a few Days she should have more Mr. Att. Gen. You told us she told you what she Sold them for by the Dozen Mr. Penny Yes 18 s. the Dozen to the Shopkeepers Mr. Bar. Weston Then set up Downing which was done Pray look upon that Book and the Title of it which he did Have you Examined that Book Mr. Downing Sir I Printed part of it Mr. Bar. Weston But have you Examined that very Pamphlet Mr. Downing Yes I know it very well Mr. Bar. Weston Did you Print part of it Mr. Downing Yes I did Mr. Bar. Weston Who brought it to you to be Printed Mr. Downing Mrs. Cellier Mr. Bar. Weston She her self Mr. Downing My Lord about the 22d of August a Messenger came to me from Mrs. Cellier to tell me She had something to be Printed and She sent for me to her House and I went to her House in Arundel Buildings She told me She had a Bok to Print and it was her own Case I told her I was a stranger to her Concerns if there was nothing in it that was Offensive I would Print it She told me there was nothing but the Truth and I might safely do it She said she had been publickly and wrongfully abused and was resolved to publish her Case and would make the World sensible of the wrong She had sustained I was apt upon the plausibleness of her Discourse to believe her and so I agreed with her to have 10 s. a Ream for Printing and I was to Print Four Ream of every Sheet And having Printed half the Book the Messenger found it a Printing at my House and having thus found out the Press he carried it before the Secretary Sir Leoline Jenkins who granted a Warrant to bring us both before him and having taken our Examinations we were bound to appear before the Privy-Council as soon as Notice should be given us of it And being discharged by the Council we were bound to appear the First day of next Term in the King 's Bench Since which time She hath Printed t'other half of her Book at some other place And whereas She promised to Indemnify me from all Trouble and Charge when I came to pay the Clerk of the Council his Fees She refused to pay them for me and told me I had betrayed her and so notwithstanding her promise I was obliged to pay the Fees my self at the Council Mr. Dormer Pray Sir who was it Corrected the Sheets Mr. Downing Sir They were brought to her Mr. Dormer Did she read them and Correct them Mr. Downing Yes She looked over them Mr. Bar. Weston Pray tell me how far it was you Printed of the Book Mr. Downing It was to Folio 22. Mr. Bar. Weston All the Clauses in the Indictment are contained in those Pages Mr. Clare All but the last in the Postscript Mr. Bar. Weston Have you read it over since Mr. Downing So far my Lord I did Print Mr. Bar. Weston You take it upon your Oath That to the 22d Folio of that Book that was given in Evidence was Printed by you by her direction Mr. Downing Yes I do Mr. Bar. Weston Then set up Stevens which was done Mr. Stevens May it please your Lordship I saw this Book a Printing at Mr. Downings and reading some Passages in it I asked him Mr. Downing do you know what you do he said it was a Truth then I asked him who he did it for
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
above for the great Matter that sticks upon your part is the Death of Sir Edmondbury Godfrey and you are pinch'd there with Prance's Evidence and so you would make the World believe that he was Tortured into his Confession and was Mad when he did it that you may the better turn it off from your own Party on some body else on whom I don't know Cellier Pray my Lord hear me one word As to your saying I do it to defend a Party I profess I stand singly and alone I have been so Barbarously used by those you call that Party that the Protestants have been abundantly more kind to me then they And I would not tell the least Lye to do them any good turn Turn Mr. Baron Weston They you are an happy Woman indeed that are beloved by both Parties You have not been Serviceable alike to both I am sure but that is no great matter If so be the Protestants were so kind you have requited them ill by such a Base LIBEL Cellier I say nothing against them Mr. Baron Weston Can you say any thing that you did not make this Pamphlet Cellier My Lord I bee'nt bound to accuse my self I desire it may be proved Mr. Baron Weston I think it is fully proved Cellier I cannot say any thing without my Witnesses I desire I may call them Mr. Baron Weston Call whom you will Cellier I desire Gregory Grange may be called Who was Sworn Mr. Baron Weston What can you say for Mrs. Cellier Tell me what Questions you will Ask him Cellier I desire to know whether I did not send him to find Witnesses Who he went for What Answers they returned And where they be Mr. Baron Weston Well What Witnesses were you sent to look for Grange I went to look for one Mrs. Sheldon that lives in Sir Joseph Sheldons House and they told me she was in Essex I went to the Coach to send for her Mr. Baron Weston Why Scoggin looked for his Knife on the House top Mr. Stevens This Man did see her sell these Books Mr. Baron Weston Who did you look for besides Grange One Mr. Curtis And his Wife said She had not seen him since yesterday Morning Mr. Baron Weston What were they to prove Grange Truly my Lord I don't know Mr. Dormar By the Oath you have taken Do you know she hath sold any of these Books Grange Yes I do know that she hath Sold some of them Lord Mayor There your own Witness Mrs. Cellier proves it against you Mr. Baron Weston Who would you have else Cellier I desire that Mary Smith may be called which was done but she appeared not then I desire John Clerke may be sent for from the Goal Capt. Richardson He is in Execution Mr. Baron Weston For what Capt. Richardson For Debt Mr. Baron Weston 'T is not out of the Rules of Prison you may bring him hither and 't is no Escape Capt. Richardson If your Lordship orders it so I will bring him Lord Mayor She should have brought an Habeas Corpus if she would have had him Mr. Att. Gen. He must bring him through some part I suppose that is not within the Rules and then it will be an Escape Cellier I pray an Habeas Corpus to fetch him Mr. Baron Weston You might have had one before Cellier This is all because I had no time to prepare for my Defence Mr. Baron Weston You might have moved the Court for it they granted you a Copy of your Indictment Cellier I had it not till nine a clock to day and my Counsel could not Inspect it nor speak a word with me about it Lord Mayor At what time shall we have done if we dally after this rate Mr. Baron Weston Have you any blanck Habeas Corpus Clerk of the Peace It could not be Seal'd and besides they should fetch it out of the Crown-Office Cellier I desire to have him come in order to the Defence of something in my Book Mr. Baron Weston What would he prove Cellier That I have not belyed the Government Mr. Baron Weston In what Cellier That he was sheer'd with long Sheers and unreasonable Irons Mr. Collins You cannot do your self greater wrong than by such talk as this Lord Mayor You are not Indicted for your whole Book but only for some part of it Cryer Here is Mrs. Smith now who was Sworn Cellier What have you heard Corral the Coachmon say about his usage in Prison Mr. Dormar I think that Question is not to be admitted Mr. Baron Weston What is it you would have here asked Cellier What she heard the Coachman say for I only say he told me so Mr. Dormar I am in your Lordships Judgment I think it is not Evidence Mr. Att. Gen. She keeps the Coachman away and now will tell you what he said Mr. Baron Weston That is no Evidence for the Coachman might have been here if you had not sent him away Cellier Let his Wife speak that because she can testifie I did not send him away Capt. Richardson She gave them Money before and told them she would maintain them Cellier You are not an Evidence against me you are not sworn Capt. Richardson But this that I say is sworn Mr. Baron Weston Call her Mr. Att. Gen. Ask her a proper Question to the Issue Cellier I would know of her whether I kept her Husband away Mr. Att. Gen. It may be you did it without her knowledge Cellier Have I seen her Husband without her knowledge Mr. Baron Weston Go on with your Witnesses Cellier I desire Mary Johnson may be called Mr. Baron Weston For what What will she prove Cellier That she was to see for Witnesses in order to my Defence Mr. Baron Weston But if they are not come what signifies that Cellier I have done then my Lord for not having time to get my Witnesses I cannot make my Defence so fully as else I should have done only I desire you to consider I am a poor ignorant Woman and have erred out of Ignorance I thought nothing but that I might publish what others had said and told me and so I have offended in Ignorance if I have offended Mr. Baron Weston I do verily believe there are more Wits than yours concerned in this Book tho you bear the Name yet the Book is not the Effect of your Wit only but you acknowledge enough And you are to take notice That the King hath set out a Proclamation that no Books shall be Printed without a License Cellier I never heard it I was under close Confinement when the King set it out Mr. Baron Weston No I denie that for you were enlarged the first day of Trinity Term and the Proclamation came out towards the end Mr. Att. Gen. She now does confess she knows of it because she speaks of the time and that was before her Book was written Cellier May not my Counsel speak for me I desire you would hear him Mr. Collins I have
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
after nor in King Charles the First Reign who Reigned 24 years after and God in Heaven knows there hath been no such thing offered in this Kings Reign for I think we may say we have lived under as lawful and merciful a Government as any People whatsoever and have had as little Blood shed and Sanguinary Executions as in any Nation under Heaven Well but contrary to the Law in this Case she does suppose Extraordinary Ways were used to make Prance give this Evidence She says she thought what she first heard was the noise of a Woman with Child and that Harris the Turnkey did tell her it was a Woman in Labour but when she desired to be let in to help her he turned her away rudely but listening she perceived it was the Groans of a Strong Man that must be in Torture She asked some of the Goalers what was the Matter They told her They durst not tell her but it was something they could not endure and they heard him Cry What would you have me Confess Would you have me Bely my self I know nothing of it and such words as these Whereupon we have called Prance and here upon his Oath he tells you there was no such matter that he was used very kindly had all things fitting and under no Compulsion so that this is an high Libel against the Government She says furthermore there was one Corral a Coachman that was imprisoned by the means of one Fowler for the Murther of Sir Edmondbury Godfrey that there was a Nobleman a Duke came to him in Prison and drew his Sword at him and would have him Confess That another Nobleman laid down a Sum of Mony and said it was 500 l. and told him if he would Confess he should have it and that Fowler took him aside and bid him lay it upon some Body else and then he and Fowler should have Money enough Fowler being examined and upon his Oath tells you upon what Accompt he did Charge Corral he tells you he was never with Corral in the Goal in his Life and never was with him in the presence of any Duke or Nobleman but once in a Room where Corral was brought to be Examined and then there was the Duke of Buckingham the Marquiss of Winchester who I never heard was a Man of Cruelty or Harsh Nature my Lord Shaftsbury and Major Wildman who was Secretary but there was no such cruel Usage there and he was never in the Prison with such Noblemen and then the Consequence is that the whole Story is false Corral it seems my Lord Mayor says hath been Examined to this Point and denyes it all and is kept out of the way that he should not give it in Evidence here but if we had him here it were no great matter for if there were any thing of this nature true they are to proceed in a Legal way against them that make these Transgressions of the Law She ought to have Indicted the Persons for they are highly punishable for such Extravagances as these are But there is nothing done in that kind but in stead of that she hath Defamed them all in a Libel and she is not contented to have done that neither for she hath Defamed the King highly in His Government and said she could have Written more I pass over the Business that concerns Dangerfield wherein she complains that Dangerfield had more Friends and was visited more by Persons of Quality when she had none came to her every one is Visited according to the Interest they have in the World and the Friends they make I have nothing to say to that there is not so much in it but come to that part wherein she Scandalizes the King which is this she says Whenever His Majesty shall please to make it as Safe and Honorable to Speak the TRUTH as it is Apparent it hath been Gainful and Meritorious to do the Contrary their Villany will not want Witnesses to testifie the truth of more then she had Written So that she supposes that the King by the Countenancing of Lyes and giving Pensions to Lyers Chokes the Truth and makes it Dangerous for those that know the Truth to divulge it to the World which is a very Vile Scandal upon the King and the Government These are the Matters of the Libel and the things in Proof have been Sworn by Three Witnesses one proves That he went to her to Buy one of her Books and he asked her for One and she gave him a Book which bears that Title Page that you hear in the Indictment Superscribed with her Name and she gives it as her Book Now she would Evade it thus That she gave it as hers not as though she were the Author but as if it were hers only in Property But Can any such thing be thought the Meaning of her Words or Can there be any Greater Evidence that she is the Author of the Book then her publishing of it with her Name to it but the Fellow goes further and tells you When he had the Book he turned about and Asked her if it were her Book Yes she said it was and said she I could have Writ a great deal more if I would So that her saying She could have Writ more Implyes that she Writ that and more is a Word of Comparison which always supposes the Positive Proposition The next is the Printer who tells you that he Printed the first 22 Folio's within which the greatest part of this Charge except only that last about the King is contained He tells you That she sent for him and employed him to Print it as hers Agreed with him for Ten shillings a Ream for the Printing and that he did Print the first 22 Leaves at her Request and as Employed by her Fowler tells you He bought 2 of the Books of her and these are the Witnesses of the Publication of this Book I must tell you this The Clauses in the Libel are truly set down in the Indictment for I did Examine them one by one Now whether or no you can doubt she was the Author of the Book when in a manner she did own it at the Publication by Selling it as hers I leave to you though I must tell you plainly I leave it as that which is to me under the Notion of Express Evidence but I must leave it to you as Judges of the Fact and expect your Verdict in the Case Mr. Att. Gen. There are three things in the Indictment First That she Writ it Secondly That she caused it to be Printed And Thirdly That she caused it to be Published Now if you find any one of these she is Guilty of so much at least tho I think you have heard Evidence enough for all She told him It was hers and said She could have put more in and the Selling the Book is a Publication So that if you be not satisfyed she was the Author yet if you are satisfied she caused