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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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held there before Sir Thomas Twisden Kt. Baronet John Howel Serjant at Law and their Associates c. The Grand Jury being sworn did find the Bill wherein Thomas Dangerfield late of Walcham Abby Labourer the 29 th of January in the 26 th Year of His now Majestie 's Reign was indicted for Feloniously stealing and taking away the goods of one Robert Tetterson Shoe-maker of Windsmore-Hill a Linnen-bag worth a penny and 4 l. 10 s. in mony And the said Dangerfield before he came to his Tryal broke the Prison and so got away and thereupon was out law'd for the Fellony as by the Record appears Wilts ss At the Assizes held for the County of Wilts the 4 th of August in the 29 year of his new Majesty before Sir Thomas Jones Knight Thomas Burton Serjeant at Law and other Associates c. The Jury being sworn and upon their Oaths did find the Bill wherein Thomas Willoughby alias Feild late of Wilton Labourer did stand Indicted for uttering false Guineys to one John Penny To which Indictment he Pleaded Guilty and was adjudged to stand in the Pillory next Market day in the open Market-place for three hours from 9 till 12 with a Paper on his forehead signifying his Crime and afterwards to pay 5 l. to the King and to lie in Prison till he paid it Wilts ss At the same Assizes he was indicted of the like Fact for uttering a false Guiny at Broad-Chalk he pleaded Guilty and was fined five Pounds and to stand on the Pillory three hours at New-Sarum another Market day with a Paper on his Forehead as before Wilts ss At the same Assizes he was indicted for the like Fact he Pleaded Guilty and was fined five Pounds and to stand on the Pillory at Wilton three hours with an Inscription on his Forehead He stood on the Pillory twice at Sarum and broke the Goal before he was to stand the third time Midlesex ss In the 30 th year of his now Majesties Reign he was indicted at Hicks's Hall before Sir Reginald Foster Sir Philip Matthews Thomas Harriot Esq and Associates by the name of Thomas Dangerfield alias Willoughby alias Moor Labourer for uttering 20 false Guinnies in the Parish of St. Leonard Shoreditch The Bill was found against him That Sessions he was tryed and convict at the Old-Baily and was fin'd fifty Pounds and to lie in Prison till he paid it Whilst he lay in Prison for his Fine he there Practiced Forgery as Captain Richardson testified upon Oath October the 〈◊〉 1679. before the Lords of his Majesties most Honourable Privy Counsell as also that he never had in his Custody a more Notorious Rogue About November or December following he broke a hole through the Prison with the help of his fellows pretending he would teach them how to make an escape but by a Letter to Captain Richardson gave him notice of their Intentions and they were surpriz'd going forth and rewarded according to their merit But the Don escap'd Scot-free and in reward of this Service Captain Richardson in the January following got him into a general New-gate Pardon for which he hath since rewarded him with the same gratitude wherewith he has ever repay'd his Benefactors proving the old Proverb true Save a Thief from the Gallows and he will hang thee if he can There he lay till the May following for want of Mony to pay his Fees at which time I paid them and what else I did for him and upon what inducements you may read Page the 12. and 13. How he has required me I need not relate His Gratitude is Publickly Notorious like his other virtues in pursuit of which I searched till I found his Name Recorded in 28 places having been Transported Burnt in the Hand five times Adjudged to the Pillory seven times Fin'd twice Out-law'd for Fellony and broke the Goal in several places eight times but the great Charge forced me to desist though I have been credibly inform'd that his Acts were Recorded in many places more both in England Wales Cornwal and Ireland but to give him his due not one of these Records that I know of is for Robbing on the High-way He is too tender of his own safety and has too great a Veneration for the memory of his Murther'd Mother to expose her Son to any such audacious enterprise all his Atchievements are House-breaking Picking of Pockets Cheats Forgeries and Petty Larcenies c. But to return to the Gentlemans Narrative wherein he says Page 24 on the top of the leaf that his pretended Confessor Mr. Sharp injoyn'd him for his Pennance that twice a night for five nights following he should walk bare-footed from Powis House in Lincolns-Inn Fields to Lincolns-Inn back gate and back again which he saith he did accordingly and that every morning for five mornings he should Discipline his naked shoulders with some Franciscan Cords which he gave him and bid him be sure to follow his Advice if he would escape Damnation Surely the Gentlemans Wits were gone a Wool-gathering else he would have told his Confessor that if lashing could secure him from Damnation he had enough of that both in England Cornwal Spain and Flanders having perform'd many memorable Penances of that kind and particularly that of Reading where he marched bare-footed and bare-headed before the Beadle to the Towns-end attended by all the Youth of the Place being scourged all the way and at the end of the Town had 20 lashes given him extraordinary because he had not money to pay the Goaler And having thus exercised his Passive Valour to the satisfaction of all the Spectators he was with great shoutings and acclamations turn'd off to seek his Fortune in pursuit of which he went to the next Town where a Company of Soldiers was then quartered and with great Lamentation told them he had been set upon by Foot-Pads and by them robbed of a considerable sum of mony and most cruelly beaten These honest Souldiers received him with much humanity fed and cloathed him as well as they could promising him to prevail with their Captain to receive him into the Company But the next day the fraud was discovered for some Persons coming from Reading made known his good qualities with the exemplary Reward he had so lately received The Souldiers were so offended at their misplaced Charity that they beat and kickt him up and down like a foot-Ball resolving to lash him severely with their Matches and in order to it pluckt off his venerable Coat and the bloody Rag he called his Shirt but when they saw his back so pittifully mortify'd they to use his own words scorned to fling water upon a drowned Mouse but let him go whither he would and he directed his course towards London where he arrived in great state riding upon his Fathers two legg'd Colt having been entertained on the way by the Charity of well-disposed Persons c. Certainly had he told Mr. Sharp his Story he could not have been so severe to him especially if he had produced that undenyable proof he always carries about him as plainly appeared to some Gentlemen that went into the Water with him last Summer and are ready to depose that the Marks of the Lashes which have been so freely laid on are still visible on his back in long blue Stigma's Yea as visible as the Letters on his right hand and much more then that in the brawn of his left Thumb This Heroe is too well markt to be forgotten though his modesty has made him so silent in his own praise that he has omitted most of his strange and unparallell'd Adventures in England Scotland Ireland France Spain Flanders and Holland and elsewhere on the Coast of Guiny and Barbadoes c. Together with the Just and Generous Entertainments he found in the Inchanted Castles of Chelmsford Newgate Antwerp York Callice Salisbury Winbourn West-chester Reading Abbington the Gate-house Dublin the Counter the Kings-bench with many more too long to be related and too Chargeable for me to take off the Records But as the skilful Statuary could guess at Hercules's height by the length of his foot so I doubt not but the judicious Reader by the sight of the Records I have produc'd will easily be perswaded to believe the rest and think his life so remarkable that it exceeds all the Worthies of his quality that have gone before him and is unmatchable Even in this Age That produces such Monstrous Gigantick Masters of the Diabolical Arts as himself Captain Spurn-Cow the Horse-stealer Parson lack Latine Don Cappadocia Squire of the Plow-tail Horse Proud The Narrative Collonel Merry Tom of St. Anns Lane Westminster * To understand the just value of Merry Tom let them talk with his Father Brother or Sister and they will tell you much of his Integrity for he has other rare qualities besides Blubbering and it is not for nothing that he is called the Parliament-teazer and the Council Eves-dropper And the rest whose Histories when they appear to future Ages will much out do the Spanish Guzman the English Rogue and the Italian Bandetto mengone that is made famous to Posterity by being adjudged to end his days in an Iron Cage on the top of a Tower where he lived Twenty odd years a great example of Gods Justice and at the end thereof beat out his Brains against the Bars of the Cage as Bajazet had done before him this being within Mans memory and some persons as I am credibly informed yet living in London that have seen him And if these Worthies of our Age have Justice done them according to their Merrit the same perhaps may live to see them as well provided for at the Publick Charge Psal 121.1 3. The Fool hath said in his Heart there is no God they are corrupt they have done abominable Works there is none that doth good They are all gone aside they are altogether filthy there is none that doth good no not one Psal 50.22 Now consider this ye that forget God lest he tear you in pieces and there be none to deliver I understand that the Gentleman is going to Publish his life at large by the name of Don Francisco de Corombona in attestation of the Truth of which this short Epistle of his Fortunes and Vertues is Published by Elizabeth Cellier
October the 24 which day I having been abroad and heard much talk of him and his Plot came home and found him at my House he came to me and pray'd to speak with me for that he was going before the Councel after Dinner and did believe he should be Committed I then going into the next Room the following discourse pass'd between us Cellier In the Name of God what is it you have done that here is such a Busle in the Town about you Willoughby Pray Madam do not ask me for it is best for you to be Ignorant of it I hope your Innocence will defend you and your ignorance will be your best Plea and therefore I will not do you so much wrong as to tell you any thing of it I have done something I should not have done but I hope God will bring me off and that I may be the better able to make my Defence pray do me the favour to lay up this Paper safely for me and by the help of this and Truth I hope to defend my self Cellier Is it nothing that will bring me in danger Willoughby If it were I would not be such a Villain to give it you it is the same Paper that lay before Mr. Secretary Coventry and he returned it to me the last week I opened it and finding it the same gave it to my Maid Anne Blake and she put it into the MEAL-TVB where Sir William Waller found it Munday October the 27. he was committed to Newgate with the following Commitment THese are in His Majesties Name to require you to take into Custody the Person of Thomas Willoughby herewith sent you for forgeing of Letters Importing High Treason and fixing the same privately at Mr. Mansels Chamber to render him guilty thereof without Cause And you are to keep him safe till he shall be delivered by due course of Law for which this shall be your Warrant Councel-Chamber White-Hall October the 27 th 79 Worcester Bridgwater Faulconbridge Francis North. Henry Coventry Henry Capel Henry Powel John Nicholas To the Keeper of Newgate or his Deputy That Night I was not at home but the next Morning hearing Sir William Waller intended to be at my House I made hast home to meet him and about Noon he came and made a diligent search among my Papers and told me I must go along with him to the Earl of Shaftsbury I replyed Cellier I have no business with the Earl of Shaftsbury and if his Lordship have any with me he might have sent one of his Servants to tell me so and I would have waited on him as I am still ready to do without being had before a Justice of Peace But what Authority have you to carry me thither Sir William Waller His Majesties Commission of the Peace Cellier Though that doth impower you to send me to Prison if I be accused of any Crime yet it doth not give you power to carry me any whither else Sir William Waller You are a dangerous Woman and keep correspondence with Traytors and harboured the St. Omers Youths I took them out of your House Cellier What if I did they came over at His Majesties command and therefore I presume it was no Crime to Lodge them And none can be properly call'd Traytors but those that are Convict of Treason And do you know any such I keep correspondence with I am sure I know none Sir Will. Waller Will you take the Oaths of Supremacy and Allegiance Cellier Have you any Authority to offer them to me I suppose you have none except here were another Justice present but if there were I am a Forreign Merchants Wife and my Husband both by the General Law of Nations and those of this Kingdom ought to remain unmolested both in his Liberty and Property till a breach happen between the two Crowns and the King hath declared as much in his Royal Proclamation and if you violate the Priviledges my Husband ought to have as a Merchant-stranger the King of France whose Subject my Husband is has an Ambassador here by whom we will complain to His Majesty and I hope we shall obtain Redress If your Husband and any other person will pass their word for your forth-coming I 'le leave you here till I come back from my Lord Shaftsbury They pass'd their words for me and he went away and left me presently after Willoughby sent for Susan Edwards my Servant to the Prison and he Howled and Lamented to her and sent me a long Epistle I have forgot the words now but the Effect was that he had been Tortured that Night yet would be Torn in pieces rather than bely me or any other Innocent Person and desired to know what I was accused of or by whom and what Waller said to me Then I sent her to him again with the following Note I have said you were taken into my house to get in desperate Debts They bring me to L. S. They will ask me who encouraged me to go to him I will say it was you it cannot worst you This I said because it was Truth which I always thought the best way to defend my Life and Fame Upon the Receipt of this Note he made great Lamentations to her expressing his fears of being Hang'd or Starv'd there but told her though he had been proffer'd great Advantages yet he would Perish rather than do any ill thing and pray'd her to speak to me that he might have Victuals sent him from my House daily And that I would send him a promise of it by her of my own writing By this I perceiv'd he was already a Rogue and endeavouring to get something of my writing to make ill use of I then Considered that if I refus'd to promise him Victuals I gave him an occasion to commit Villany for want of Bread and therefore bid her tell him that I would take order at my house that he should have Victuals sent him every day as he had when he was under the Messengers hands And to assure him of it sent him the following words under my hand It being a Motto my Parents had used and I my self also I Never Change Knowing that if he were honest that was enough to satisfie him If a Rogue not enough to do me any mischief About nine a Clock at Night Sir William came again and found me at Supper with some Friends but was very Civil and would not disturb us and about Ten he sent me to the Gate-house with a Note to Church to Lodg me in his own house the Cause exprest in my Commitment being for Harbouring and Corresponding with Traytors though he could not tell me who they were nor when Convicted of Treason and for refusing the Oaths of Supremacy and Allegiance which were never tender'd me All that night he and his Crue kept their Rendevouz in my house tearing and pulling down the Goods and filling his own and his Footmans Pockets and Breeches with Papers of Private concern which
Lord he hath a great cause to think it long for he is already a Thousand pounds the worse for my Imprisonment I have lain two and twenty weeks close confin'd During which time my Husband put in near 20 Petitions before the Lords of the Council to speak with me before a Keeper but they were all rejected and he had then a suit in Chancery to a considerable value which had been heard before the Master of the Rolls and he had made a Decretal Order for us and a good part of the Money lay in the Court of Chancery but my Adversary taking Advantage of my confinement Petitioned for another Hearing and my Husband not knowing how to defend the Cause was forced to discharge seven hundred and odd pounds for sixty one because he could not be permitted to speak with me L. C. J. You arraign the Councel Cel. No my Lord it is not to Arraign them but to make it known how I have been used and pray redress Serj Maynard Why could not your Husband follow his Law-Suit without you Cel. Because he is a Stranger and does not understand the Law Serj. Maynard Then you do Gentlewoman Cel. No Sir but I have got enough to make a Country Justice and pray that I may be tryed And if I be Guilty punished and if Innocent acquitted And that my Husband and Children may not suffer as they do by my Imprisonment L. C. J. You shall be tryed the first day of the next Term and it is in compassion to you that we appoint that day Cel. My Lord shall I be discharged if I be not Tryed then L. C. J. You shall Cel. My Lord the Laws I am to be Tryed by have sufficiently compensated their denying me other Councel by allowing me you my Lords that are my Judges for Councellors and I will depend upon your Faithful advice with confidence and humbly pray fair play for my life Judges You shall have fair play Cel. I thank your Lordships L. C. J. Keeper of Newgate take her back and use her with respect June the 11th 80. I was again brought to the Bar and the Indictment read and the e●●●ct of it was for consulting and expending Money for carrying on the Plot to kill the King raise War in the Realm and introduce Popery and for endeavouring to cast the Plot upon others and for imploying Dangerfield to kill the King and upbraiding him for losing an Opportunity c. Cel. My Lord for saving the time of the Court I pray that no Gentleman that has been on any of the former Juries and found the Indictment against any of them that lately had the like accusation may be sworn against me And in regard a great part of my Charge is for endeavouring to throw the Popish Plot upon the Presbyterians therefore I except against all those that had not lately taken the Sacrament as Persons that cannot be indifferent L. C. J. Mrs. Cellier this cannot be allow'd you must make your exceptions Cel. My Lord the Jury ought to be chose out of the unconcern'd Neighbourhood and every Dissenter from the Church of England is a party against whom the Fact is said to be committed therefore none but Church of England men ought to be of my Jury L. C. J. Mrs. Cellier make your exceptions Which I did and excepted against several that had been on the former Juries yet admitted of Sir Philip Matthews and others telling them they looked like honest men and I believ'd they would do me no wrong The Jury are as follows Sir Philip Matthews Baronet Sir John Munster Thomas Harriot Esq John Foster Esq Richard Cheney Esq Edward Draper Esq Edward Wilford Esq John Roberts Esq Hugh Squire Esq Thomas Eaglefield Esq George Read Esq Richard Parrot Esq The Jury being sworn the Kings Councel called the Witnesses and first Mr. Gadbury who attested that he knew not a tittle of the Plot one way or other except what he heard by Common Report and read in the Prints nor of any design I had against the Life of the King but acknowledges that he was Privy to and active in bringing over Sir Robert Peyton to the Kings interest at the said Sir Robert's request and to bring Sir Robert to kiss his Royal-Highness's hand by my means and said That I did always express my self with all Duty and Loyalty and that I told him I had carried the names of four Gentlemen Sir Roberts Friends to the Duke in hopes that if they were put into Commission of the Peace it might conduce much to the breaking the measures of the Factious And Mr. Gadbury further Declared that one Smith formerly a School master at Islington and another Gentleman with him came to him and desired his Advice about going to the Lords in the Tower pretending he could declare strange things against Mr. Oats which might prove advantagious to them In order to Indicting him for Perjury which he said I was forward to promote and said that I did not care if I were at Ten Pounds Charge to have it effected but he said he refus'd to advise Mr. Smith to concern him himself either with Mr. Oats or the Lords He further aver'd that I told him I heard Dangerfield talk of a Non-conformist Plot and how he frequented their Clubs and had so far insinuated into the favour of some of them that he was promised a Commission among them and that several Commissions were given out already After that Mr. Gadbury being interrogated by the Attorny General to several passages signified in an Attestation which he himself had drawn up for the Privy Council which seemed more to affect me than any thing he had hitherto said shewing the same unto him which when he had perus'd he did own to be his hand-writing and said That what was contained therein was true but when he wrote the same he confessed that he raked up all that ever he could against me aggravating every Circumstance to the utmost and that by that reason when he was in Prison some person or persons whom he did not name to avoid reflections Threatned him with Hanging c. And that they told him two Witnesses had sworn Treason positively against him and that I now accus'd him and made a third and he knowing I must swear false as the rest had done and being Menac'd as before Drew up the said Accusation against me aggravating the several expressions therein in hopes thereby to lessen my Evidence against him and thereby to save himself Then he was again interrogated whether I did not tell him I hoped to see Westminster Abby full of Benedictine Monks and the Temple with Fryers he answered That his sufferings had very much weakned his Memory but as far as he remembred I did not speak of any hope but believes it was thus What if you should see Westminster Abby filled with Monks again and that this was in ordinary Discourse as they pass'd through the Abby together And that he looked upon
Murther'd them for Tetterson was here yesterday and told me that Dangerfield threatned to kill him if he appeared any more and said That he went in danger of his Life L.C.J. Call them again look about the Hall for them which they did Clements My Lord I see Tetterson in Court this day Then the Cryer called them again and a person was sent to the Houses adjacent to call them but in vain Then the Kings Councel would not admit him to be the Man mentioned in the Indictment because it was there Tho. Dangerfield Labourer and the Pardon was Tho. Dangerfield Gentlemen Cel. My Lord if he be the person Pardoned he is the person Out-law'd for both are Thomas Dangerfield of Waltham Abby Judge Is there any more Thomas Dangerfields there Dangerf Yes my Father and a Cousin of mine which uses to come there sometimes Kings Councel Said I must prove him the man Lawyer within the Bar. Brother trouble not the Court for he is the Man L. C. J. Come I will not admit it could be your Father Mrs. Celliers have you a Record of Perjury Cel. My Lord I have of Forgery Judge Have you one of his being Pillory'd Cel. I have four bring the Salisbury Records They were produced and proved and one of them read which said that in the Thirtieth year of the King he was Indicted at Sarum for putting off a Gilt Shilling for a Guinney to which Indictment he Pleaded Guilty and was Condemned to stand in the Pillory three hours next Market day with a Paper on his forehead signifying his Crime and after that to pay five Pounds to the King and that he stood in the Pillory according to Sentence Cel. My Lord I have 3 Records more to the same effect to all which he Pleaded Guilty Judge No it is enough After all this Serj. Maynard and the Att. General would had him allowed a good witness saying all these Crimes are Pardoned under the Title of Offences and Transgressions Cel. A Pardon cannot make him an honest Man as all ought to be that are Witnesses in Treason Nor can the King give him an Act of Grace to my prejudice as this Pardon will be if it make him a good Witness to take away my Life Mr Langhorn desired that Mr Reading might be examined and the Lord Chief Justice North denyed it saying he had been in the Pillory and had his Testimony been allowed I doubt not but Mr. Langhorn had been alive And shall this prodigous Wretch that has been burn'd in the Hand Whipt Pillory'd Convict of all manner of Crimes and stands out-law'd for Fellony be allow'd a good Witness to take away my Life and such a Gentleman as Mr. Reading be denyed to give Evidence to save because he had been on the Pillory for endeavering to do that which if he had done it had not amounted to one of those many Crimes this Villain Pleaded Guilty to And I beseech the Court to consider That if such Witnesses be allowed Liberty and Property are destroyed Attor General Mr. Reading was not Pardoned Cel. He is not Pardoned neither for he is Out-lawed for Fellony which is not incerted in his Pardon and is otherwise notoriously infamous K. Council None but Villains are fit to be employed in such Designs L. C. J. They are fit to be employed but not fit to be believed and we ought not to hood-wink Justice for such a Stigmatiz'd Whipt Pillory'd Burnt in the hand Fellow as he notoriously appears to be Then Dangerfield submissively bowing said My Lord this is enough to discourage any one hereafter from entring into good and honest Principles L. C. J. It will discourage Rogues from daring to appear before a Court of Justice Then his Lordship told him his own in very apt words with a recapitulation of his Crimes saying he did not nor would not fear nor spare such as he was Then Judge Dolben stood up and said That no man that had any spark of Grace or Civility would dare to appear before a Court of Justice being guilty of such Crimes and that no man of common sence would take away the life of a Worm upon such Evidence Then the Lord Chief Justice gave short directions to the Jury telling them he knew nothing they had to do for that nothing material appeared against me And they unanimously cryed out Not Guilty Clerk Crown Kneel down Cel. Kneeling said God preserve the King and his Royal Highness and bless this Honourable Court. L. C. J. Dang have you any security for your Good behaviour to answer the Fellony But Dangerfield having none the Lord Chief Justice said Take him away take him away and secure him Then was Dangerfield presently disarmed who trembling and looking as if he had been just going to be Hang'd Cryed out Whither must I go whither will you carry me Then he shed Tears in the Court and was by the Officers presently conveyed to the Kings-Bench Prison with a numerous Train of Attendance where the Gentlemen Prisoners received him according to his Merit But he not liking his entertainment desired to be locked up till the Marshal came home and then for his better security was sent to the Common-Side where the Prisoners had like to have Pump'd him But his Phanatick friends bringing him good store of Mony both Gold and Silver he spent it very freely among them so by that means escap'd that Storm and there remained in the custody of the Marshal till he was brought to the Bar by order of Court and pleaded a general New-gate Pardon in which his name was inserted and so was discharged with good advice to leave off his former wicked courses and take up some imployment to live honestly for his thread of Life was so fine spun that he could expect no more favour from any Court The tryal being over the Gentlemen of the Jury sent for me up into the Room where they Din'd and told me there was a Guiny a Man due to them I Answer'd I had cost my Husband a great deal of Mony alerady much more than my Person was worth and was not willing to put him to any Charge I could avoid And I hop'd they would consider my condition and not expect Mony from me They reply'd if I had been cast the King must have paid them a Guiny a Man upon which I promis'd if it were a due Debt I would send it to Sir Philip Matthews on Munday but finding it was not I sent him this following Letter Honoured Sir I Have considered upon your demand of a Guiny apeice to each Gentleman of the Jury and find that it is in no sort due How great soever the ruin is I lie under by the villany of my accuser I would have made hard shift but I would have paid what was justly due But upon your second thoughts I am assur'd you will not forfeit your Spurs by oppressing the Distressed she Your selves and the Laws have preserv'd from a raging Dragon Pray Sir