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A31192 The case of Tho. Dangerfield with some remarkable passages that happened at the tryals of Elizabeth Cellier, the popish midwife, and the Earl of Castlemain, at the Kings-bench bar at Westminster, before Sir Will. Scroggs Kt, Lord Chief Justice, &c. in the month of June, 1680 : together with divers informations never yet publisht, John Gadbury his testimony, with all its evasions, some points of law insisted upon by the king & prisoners counsel; and the chief justice his opinion given therein, the manner and occasion of Dangerfield's commitment to prison, and also of his being discharged again and some animadversions upon the L.C.J. words / written by the hand of an indifferent person. Dangerfield, Thomas, 1650?-1685. 1680 (1680) Wing C1181; ESTC R2325 44,781 42

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Mr. Atturney I do not agree in that I would not have it concluded that every great Man in England that hath a Pardon is guilty of the Offences thereby pardoned Mr. J. Jones My Lord I take it there is a difference between a special Pardon and a general Pardon for by taking a particular special Pardon there cannot but be intended a consciousness of guilt but if a person be included in a general Pardon there is no consideration of any particular Offence and the laying hold of that implies not a guilt for all have it unless those particularly excepted and we cannot suppose every one guilty L. C. J. Truly I think the acceptance of a special Pardon doth not at all in itself without Confession or Conviction imply a Man to be guilty of the Crime pardoned For you know my Lord Cook says No wise Man will refuse Gods pardon and the King● at any time though we are conscious of no actual Crime to need it And besides in these times when no Man knows when he is safe from the Perjuries that do so much abound it may be prudence without a confession or implicitation of guilt to get a Pardon which we need not but only as a shelter against a false accusation Then Mr. Justice Raymund went down to the Common-pleas Mr. J. Jones Because we will not go either against Reason or Law or constant practice my Brother Raymund is gone down to ask the Opinions of the Judges of the Common-pleas Mr. Record My Lord Hales doth in his little Book say it restores him to his Credit Mr. Att. G. If it hath restored him to his Credit I hope they shall not blemish him so much as to make the Jury not believe him L. C. J. Ay but I assure you it shall have its due weight according to the Crimes charged upon him all the Records shall be read and all that can be observed from them shall Mr. Att. G. We do not desire but all that ought to be observed should so be L. C. J. Do you think we sit here to have Men loaden with all the guilt of most infamous villanies in the world come here by their Evidence take away Mens Lives and their qualifications not observed Mr. J. Dolbin My Brother will come up presently and we shall hear what they say to it L. C. J. We have men grown so insolent now adayes that upon what account or what sort of confidence to term it I know not run all whole Societies of Men and persons of all Qualities as if there were any thing in their confidence that could render them better than their own villanous Actions proclaim them to be Humility becomes Penitents and no wicked impudent man can be thought to repent but these Mens Behaviours hath nothing of an appearance of Repentance but with sauciness think to make all fly before them and that their boldness in accusing shall without more ado justifie the truth of their Accusation but God knows they discover what they are by their insolent carriage Then Mr. Justice Raymund returned and delivered the Opinions of the other Judges to my Lord and the other two Judges privately L. C. J. Look you I will tell you what my Brother reports their Opinions in the Common-pleas to be He says he put the Question to them in both cases That he is Outlawed for Felony and pardoned and Burnt in the Hand for Felony and pardoned They say they are of Opinion That the general Pardon would not restore him to be a Witness even as to the Outlawry of Felony because of the Interest the Kings Subjects have in him and his Testimony could not be received upon the general Pardon But they say this further That where a Man comes to be burnt in the Hand for a Felony they look upon that as a kind of a more general discharge than the Pardon alone would amount to if he had not been Burnt in the Hand If he had been Convicted and not Burnt a general Pardon would not have made him a good Witness but by that and the Pardon they think he is made a Legal Witness Mr. Darnel Notwithstanding the Outlawry L. C. J. That is answered otherwise Mr. Att. G. It is discharged come pray Swear him which was done Are you Sworn Sir Mr. Dangerfield Yes Sir Mr. Att. G. Come Sir then now tell what you know of my L. Castlemain L. C. J. But I conceive by their Opinions in the Common-pleas that they think a Pardon after Conviction of Perjury would not restore him to be a Witness because of the interest the Subject hath in his Testimony Then I proceeded to deliver my Evidence which was to this Effect That about the Month of June 1679 the Lady Powis sent me with a Letter to the Earl of Castlemain that being the first time I had ever been to wait on his Lordship to which Letter I received another in Answer and delivered it to the Lady Powis who read it to me as follows This person I like well and though he be no Scholar yet he may serve to instruct the Youths as he shall be directed by which I shall be eased of much trouble and suspition By those Youths was meant the St. Omers Witnesses for his Lordship was their Tutor His Lordship was one of those that imployed me to fetch Knox and Lane out of Prison Some time after that I went to wait on his Lordship with some Letters and Lists of Names that came from Nevel and upon the perusal thereof his Lordship ordered me to imploy divers persons to write Copies from them saying it was a business of consequence and must not be delayed Then I informed him that persons were at that very time a writing at Powis-house then his Lordship replyed let them go on and be encouraged and I will pay my part which his Lordship did for some time after I sent William Woodman then Servant to Mrs Cellier with a Letter to his Lordship who in answer thereto sent Forty shillings for his part of the Writing Now those Letters and those which I put into Colonel Mansels Chamber were all agreeable in matter of fact and tended onely in concurrency to the Sham-Plot His Lordship wrote the Compendium and I read one part of it as it lay before him at the same time His Lordship perused the Papers of Knox and Lane who intended to accuse Dr. Oates with Sodomy and his Lordship was also privy and gave consent to the drawing up and Swearing to the false Affidavits which Lane made before Sir James Butler The next day after I had been Treated with by the Lords in the Tower to kill the King I went to wait on the Lord Castlemain who having sent his Servant out of the Room demanded of me why I was so unwilling to do that for which I was taken out of Prison I desired to know what that was Why says his Lordship were you not yesterday at the Tower I answered yes I was and then said would your Lordship have me kill the King for that 's it you mean I suppose Then his Lordship said that was the business he meant and then he storm'd and was so furious that I cared not to stay any longer That his Lordship was privy to my part of the Sham-Plot and used in his discourse to call the King Tyrant This was the true Substance of my Evidence which being backt with Woodman 's the Court proceeded c. FINIS
Figure of Heaven to that time to know whether he were a person fit to be trusted her Husband being a French Merchant to get in Money L. C. J. Then for ought you knew Dangerfield was a Woman and the question was whether Dangerfield was with Child and it happens to be a Man how did it fall out Gad. I have forgotten my Lord. L. C. J. When did you know it was for Dangerfield Gad. My Lord never before I came before the King and Councel neither did I ever know his Name before for he went by the Name of Willoughby before L. C. J. What other discourse had you with her did she not at any time talk of Mr Dugdale Gad. She did say she had heard of some people that were to discourse with Mr. Dugdale she had heard the thing but I do not know whether she knew any thing of it or no. L. C. J. What discourse had you about that Gad. She told me there was a woman to go down to Windsor to beg Mr. Dugdales Pardon for he was penitent for what he had said in some Tryal or other Whitehal Friday Novemb. 7 1679. at the Councel-Chamber MArgaret Jenkinson formerly Servant to Mrs Cellier swears that she carried Money from her Mistress to Mr. Dangerfield in Newgate but does not remember how much it was That he was afterwards in the Counter whither Mrs. Cellier sent this Examinant with more Money but that not being sufficient she brought it back again and afterwards carried what was necessary with an order from her Mistress to tell him that business was ordered for him to do the Tuesday following and that she would purchase his Liberty at any rate But if it could not be done she could not tell if he should ever be freed by her or not That she did carry divers Letters between Dangerfield and her Mistriss but knew not what they concerned That she did carry two small Vials to him at the Kings-Bench by her Mistresses order that some time after she went again and Dangerfield desired her to bring a second Vial which she also carried That Dangerfield told her he had made Stroud drunk having taken something that hindred himself from being in that condition and that he gave her some Notes to carry her Mistress of what he had then got from Stroud Margaret Jenkinson The Information of John Woodman of Drury-lane Taylor taken upon Oath the 17th day of November before Edmund Warcup Esquire THis Informant saith that he hath known Mr. Thomas Dangerfield ever since March last past and then went with Mrs Cellier to see him in Newgate where Mrs Cellier whispered with Mr Dangerfield through a Grate and thereupon Mrs Cellier sent this Informant with a Quire of Paper afterwards to Mr. Dangerfield and a written paper which he was ordered to write out and about three hours after this Informant went to Mr. Dangerfield for the written paper by Mrs Celliers order which he carried to her at her House in Arundel-street but what the papers contained he knoweth not And Mrs Cellier confessed she both delivered and sent Money to Mr. Dangerfield She sent this Informant to Mr. Williamson with a Discharge for Mr. Dangerfield for which he said he must have Four pounds and this Informant supposeth that Mrs Cellier paid him that Money And this Informant saw Mr. Dangerfield twice at Powis-house about Midsummer past Mrs Cellier being with him Some papers lying upon the Table there and this Informant having been in prison before that time did receive some Charity from my Lady Powis by Mrs Celliers hands and on occasion of returning her Ladiship thanks for her Charity he saw the Lady Powis and Mr. Dangerfield at Powis-house And this Informant saith that he was acquainted with Father Harcourt for about Twenty years last past and wrought for him in his Trade and hath been sometime sent by Mr. Fenwick Mr. Ireland and others with Letters to divers places And he hath heard there was one Father Sharp at Wild-house but never was certainly informed of or knew any such person as Father Knollys And this Informant saith he was once or twice with Mrs Cellier at the Fleet when she went to visit Mr. Nevil alias Payne but heard not their discourse And this Informant went two or three times with Mrs Cellier to the Lord Castlemains House at Charing-cross where this Informant waited at the door and when she came down went away with her but was not privy to her business That this Informant went with Mrs Cellier to Mr. Dangerfield in the Kings-Bench where she discoursed with him privately about half an hour And at another time this Informant went with Mrs Cellier to the Marshalsea to one Mr. Nettervile and farther saith not John Woodman The Information of William Woodman Son of the said John Woodman taken upon Oath the same day THis Informant saith that he lived about six weeks with Madam Cellier and left her about Midsummer last past and when this Informant liv'd there he knew Mr. Willoughby alias Dangerfield who lay in Powis-house and was sent by him to the Lord Castlemains with a Letter who upon receipt of it delivered forty shillings to this Informant which he delivered to Madam Cellier And one time Mrs Sheldon sent Joe her Servant to Madam Cellier for a Letter which not being ready this Informant was afterwards sent with a Letter to Mrs Sheldons which Letter was to be sent to Windsor Another time this Informant was Commanded by Madam Cellier to go to Tyburn when Mr. Langhorn was Executed and was directed to stay there and get any flesh or any other thing belonging to him And at this Informants return home he found a bloody Handkerchief brought home as was said by Mr. Willoughby from the same place and there was that day at Dinner Mr. Cellier Mrs Cellier Mr. Nevil Mr. Webb Mr. Dormer Mr. Ricaut a Virginia Merchant Mr. Wood and Mr. Willoughby at Powis-house And this Informant was sent by Madam Cellier to Mr. Monson in the Kings-Bench with Letters and ten shillings at a time in Money And he carried five shillings for her to Mr. Kemish seven shillings and six pence at a time twice to Mr. Netterfield in the Marshalsea who said he was used to have ten shillings a week Another time this Informant carried a Letter to Sir John Gage in the Kings-Bench from Madam Cellier who returned the same Letter or Pacquet Sealed up with his Answer as this Informant supposeth And this Informant well remembers that one time he went with Mr. Dangerfield to a Coffee house in White-Friers and went up three pair of stairs and there saw a Gentleman being a little Blinking-man whose Hat hung over his Eyes whom Mr. Dangerfield saith now was one Mr. Knowles a Priest who came with Mr. Dangerfield to Powis-house in a Coach and brought a little Trunk and other goods in a bag with him and Lodged two or three nights there But being a timerous man he would not stay but
that came from Nevil a Prisoner in the Kings-Bench and sometimes she and I put our helping hands and both wrote which Letters were to the same effect with those that were taken in Colonel Mansels Chamber and were all by some means or other to be Conveyed into the Houses of all the most considerable Presbyterians for under that notion all persons were Comprized which were not for promoting the Catholick Interest And this Mrs Cellier declared to me at Powis house which was our general Rendezvous for near two Months Mrs Cellier was present at another time when the Lady Powis read a Letter which came from Brussels the effect whereof was thus If you had taken this course sooner much Blood might have been saved but I doubt 't is now too late and fear that the St. Omers Testimonies having been so baffled has much impaired our endeavours yet to my power I will assist and do advise you to go on Thomas Holder About the latter end of July Mrs Cellier remov'd from Powis-house to her own Habitation whither I also went in a short time some while after having been rebuked by the Lord Castlemain for refusing the matter proposed to me in the Tower no less than to Kill His most Sacred Majesty I came home and told Mrs Cellier that the Lord C. was displeased with me Oh said she 't is his Lordships Custom to fall out one hour and be friends the next and then advised me to go to Confession and receive the Sacrament of Father Sharp at Wild-house which I did and there received the same rebuke from the said Father for refusing the said Proposal in the Tower At another time Mrs Cellier was present in her own House when the Lady Powis laught at me and said Well well Mr. Willoughby by which Name I then went will be honest and do us no hurt I am sure After that having been with Mr. Gadbury and from him received another rebuke for refusing that Proposal to Kill the King I returned home and told Mrs Cellier of it who replyed That Mr. Gadbury was in his heart a very good Catholique Not long after I met the Lady P. at Mrs Celliers House where in the hearing of Mrs Cellier she told me I must go on with some Intrigue against the Duke came from Flanders to make him believe the Presbyterians were Plotting against the KING and then there was a Consultation between us for carrying on the Design though I was not to move till farther order The next day Mrs Cellier was sent for to the Tower who upon her return told me I must speedily procure some persons that were well habited to go to the Coffee-houses and Clubs to learn how things stood Mrs Cellier was also present when the Lady P. told me that I must stick hard against the D. of Monmouth D. of Buckingham the E. of Shaftesbury Lord Grey Lord Howard and others all which was to be done when I went the first time to give His Majesty an Account of the new SHAM-PLOT at which time I was to inform His Majesty that if he had dyed at Windsor they had posted about the Town and Suburbs a considerable Army with which they intended to have taken possession and did design to bring the same to a Common-wealth and set up the D. of Monmouth as Head of the Government That the L. Shaftesbury and others were granting out Commissions to that purpose and that I my self had a promise of one from a great Presbyterian all which and more I told His Majesty by their directions just before his going to Newmarket whereupon His Majesty ordered me Money of which I sent an Account by Mrs Cellier to the Tower who at her return advised me to beware of one Colonel Halsel for that the Lords fear'd he would discover me Mrs Cellier carried word from me to the Tower where Colonel Mansel Lodged and upon her return told me the Lady P. would meet me in the afternoon at her House as she did and Mrs Cellier was present when her Ladiship bid me go again to Father Sharp to Confession and receive the Sacrament for that I was to go in a short time after to the Earl of Shaftesbury Soon after Mrs Cellier received a Letter that that very night I must go to the said Earl with this formal Complement My Lord I am a stranger to your Lordship neither introduced nor sent by any person but I desire to know if it be in my power to serve you whether I may have your Lordships favour Then did Mrs Cellier deliver into my hand a short Dagger of which sort and fashion three or four had been brought to her about three days before by a Virginia Merchant I being present at the same time when they were delivered to her After I had been with the Earl upon my return home I told Mrs Cellier I could not do my business which was indeed to stab his Lordship but would take some other opportunity Of all which Mrs Cellier sent an Account to the Tower and as she told me her self received for answer That I should go forthwith to the King and inform His Majesty that I had been with the E. of Shaftesbury who had promised me a Military Imployment Then by direction I went a second time to the E. of Shaftesbury Mrs Cellier furnished me then also with a Dagger But returning again without any success as they called it I received new Orders to go to the King and acquaint His Majesty how I had been a second time with the E. of Shaftesbury and of a great quantity of Papers that concerned the New PLOT that were in Colonel Mansels Chamber for the search whereof my farther business was to pray a Warrant which would not be granted because I could not make such Affidavit as was requisite For which I was well scool'd both by the Lady Powis and Mrs Cellier who after they had told me several ways how I might have saved my Oath added withal That I was obliged by my Religion to part with my Life for the good of the Cause Some small time after the Lady P. came to Mrs Celliers House where being all three together the Lady endeavoured to perswade me to go a third time to the Earl of Shaftesbury which I refused to do whereupon the Lady striking me gently on the hand with her Fan called me Cow-hearted fellow and said she would go herself Mrs Cellier made answer No Madam that shall not be for I will signifie to the world the bravery of our Sex above the Mens and go my self and do the work Whereupon she went out of the room for a while leaving the Lady and my self together to discourse the method of putting the Papers into Colonel Mansels Room which Papers when I had made them up I shewed them to Mrs Cellier who incouraged me to proceed saying she would warrant I should be well rewarded for my pains and wish'd me good success When I had convey'd the
it will appear it was done by the Presbyterians Tho. Williamson The Examination of Richard Adams of Lincolnes-Inn Esq upon Oath taken the 28th day of November before His Majesty and Lords of the Councel-Board at Whitehal THis Examinant saith that about two or three years since he became acquainted with Mrs Cellier a French Merchants Wife upon the account of being a Lawyer and a Commissioner upon the Statutes of Bankrupt and about the 24th of September last past he was prevailed with to give Mrs Cellier a meeting at the Devil Tavern near Temple bar to consult with other persons about the management of a discovery of a long concealed Estate of one Mr. Dowdeswel a Bankrupt and a Debtor unto Mrs Celliers Husband five hundred pound as she said and at her first entrance into the room she was accompanied with one Mr. Dangerfield alias Willoughby who suddenly began the Duke of Yorks Health in a glass of Wine and observing that this Examinant had omitted naming the Health Mrs Cellier urged this Examinant to gratifie the Gentleman her good friend therein being complyed with by this Examinant then Dangersield attempted to engage the Examinant in a discourse reviling persons of the Presbyterian perswasion his design not taking effect Mrs Cellier passionately expressed great affections unto this Examinant declaring that she was lately arrived in England and desired to know of this Examinant what was become of the old Popish PLOT condoling the condition of our Kings loss of Reputation beyond Seas for sheding so much innocent Blood as perswaded thereunto by that wicked Villain Shaftesbury bidding this Examinant have patience but one Month longer and he should see the PLOT blown up with a witness and that his Royal Higness was restless until the Plotters were discovered saying thus Their Names are well known unto us already they are many in number and great ones and bidding this Examinant not to stand in his own light said she was in a capacity of raising his Fortunes saying she spoke affectionately unto him and telling him he was more capable of serving the Kings and Duke of Yorks Interest than other persons were being a cast-off at Court. To which sayings this Examinant replyed that he never had any Concerns at Court unless she meant his being turned out of the Commission of the Peace in good Company not with Fools or Knaves And further saith that Mrs Cellier was full of discourse in extolling the great Charity of Lord Powis's Lady towards the distressed Catholicks in prison blaming this Examinant for not improving his Interest with his Lady who had expressed great kindness for this Examinant Adding further that this Examinants Prophetick sayings unto the Lord Powis at his casual meeting of his Lordship in Lumbard-street gave him great disturbance relating unto the death of Sir Edmondbury Godfrey And at this Examinants and Mrs Celliers departure out of the Devil Tavern earnestly desired this Examinant to see her at her House boasting that the Lady Powis often did her the honour of calling upon her at her House Rich. Adams November 4. 1679. THe Right Honourable the Earl of Peterborough did declare at the Councel-Board That Mrs Cellier informed his Lordship how she had found out a man that was able to discover very dangerous practices against the King That she gave a great Character of one Willoughby who had much improved himself abroad in the Services of the Prince of Orange Duke de Villa Hermosa and other great Princes and that this man by his often frequenting divers Coffee-houses had discovered divers great and dangerous things that were preparing against the Parliament That she did desire his Lordship to procure a Warrant for making search for some Papers And added if such could be obtained all the whole matter would be discovered but she desired the Warrant might be obtained without the Kings knowledge The Information of William Kilbury c. THis Informant saith that Mr. Dangerfield came to Lodge at his House on Whitsunday last past and that a Gentlewoman came in one Mr. Prince's Name to take the Lodgings for him and that he lodged there about three weeks and the Gentlewoman who took the Lodging said she would assure this Informant the Gentleman was no Priest but said he might be a Papist but a very modest Gentleman and about a fortnight after Mr. Dangerfield came thither he went into the Countrey one day and returned the next and this Informant believes he said he went to Peterley in Buckinghamshire And whilst he Lodged there some persons came to him which ●r Dangerfield said were the Lady Powis her Servants And whilst he lodged in this Informants House he was desired by Mr. Dangerfield to find out some fit persons to get him some of the flesh of Mr. Langhorn or the five Jesuits Executed about that time and two Gentlemen with Mr. Dangerfield did go as they said to the place of Execution for that purpose And when this Informant told Mr. Dangerfield that by reason of the strict orders he could not entertain him longer in his House he being a Papist Mr. Dangerfield went away forthwith and said he was to lodge at Powis-house whither if this Informant came he would make him welcome and farther saith not William Kilbury The Information of Lucy Prince c. THis Informant saith that she hath been acquainted with Mrs Cellier about eight Months since and one time she brought Mr. Dangerfield along with her to this Informants House but this Informant heard none of their discourse And she saith that she went to Powis-house to Mrs Cellier while she lodged there where she saw Mr. Dangerfield four or five times writing And this Informant saith she doth know one Mr. Sharp and hath heard and seen him say Mass at the Chappel in Wild-house within this half year last past and he is a little man black haired And the Informant hath heard Mrs Cellier say she gave him Money to say Mass or pray for the Soul of a person deceased And she saith that she saw Mr. Dangerfield and Mrs Cellier one time more writing in the Gallery in Powis-house and others by them And she hath heard Mr. Dangerfield often lament the death of the five Jesuits and Mr. Langhorn saying they dyed wrongfully And she hath heard Mrs Cellier say they were innocent of the PLOT and further saith not Lucy Prince The Testimony of Anne Nethercoat Servant to Captain Richardson MIstress Cellier being lodged with me at a certain time whilst under her close Confinement desired me to buy her a quantity of brown Thread which I did then she having about her a Pen and Ink wrote divers Notes and prevailed with me to carry them as she should direct but for my better security in case any thing should miscarry and I put upon my Oath to swear if I had at any time carried any Letters she had so wound the Threads over the Notes that they appeared only like bottoms and the Answers were to be sent