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thought justly in that particular), therefore, that now he should falsly accuse sir Thomas in a matter that concerns his life so highly. There are some other things that were said by the witnesses that would tend towards the proving of some malice in the witnesses towards sir T. Gascoigne, and therefore they give in this evidence: One thing indeed was spoken by Hickeringil; that is, it was generally reported in the country, that Mowbray had taken away money from sir T. Gascoigne, and that Mowbray himself said, that as they had endeavoured to take away his fame and life, now he had found an opportunity to requite them. So saith the witness, but it is not very probable. I leave it with you upon the credit of the witnesses for the king, who have sworn it upon their oaths, and the others that go upon their words, and not their oaths, whether they have taken away the force and strength of the king's evidence, which is as full, express, and positive as can be by two witnesses.

Gentlemen, here is on the one side the life of an ancient gentleman before you; on the other side there is a conspiracy against the life of the king, who is the breath of our nostrils, and whom God long preserve. 1 know you being upon your oaths will take into your considerations both, and give a verdict according to the evidence you have heard.

Just. Dolben. I will tell you gentlemen, I cannot forbear saying one thing to you. There is some evidence that makes it a very improbable thing to be true what Mr. Bolron hath said; and yet Mr. Bolron having said it so positively, and Mowbray agreeing with it, probabilities must give way to positive proofs. I saw you did observe it when it was mentioned: and it is true, to me it seems improbable, that at the very same time that sir Tho. Gascoigne should sue him upon his bond, and take a course to turn him out of his house, that he should then be privy to such a conspiracy; it is improbable either that sir Thomas should offer him such a sum of money to kill the king, or if he had, that he should afterwards take that course at law against him. Now for that I say this to you, you are to give a verdict according to your evidence. They have such secret contrivances amongst themselves, (and he was a papist at that time) that where there are two men that positively tell you a thing that lies within their own knowledge, and swear it is true, it is scarce any improbability that should weigh against such an evidence.

Just. Pemberton. And, gentlemen, consider withal as to that; for truly my brother Dolben hath rightly minded you of that improbability, for it was no more: but then you must consider all the circumstances. It is indeed at the first blush improbable that a man would communicate so great a secret to another, if he did intend to sue him for money he owed him; but then it is likewise as improbable that he would provoke him by a suit if his life were in bis hand; but consider the delivering of the lease of ejectment, and those things were the 13th of June.

VOL. VII.

Mr. Babbington. But I had sued him before my lord.

Just. Dolben. The 2d of June, he says. Mr. Babbington. I had direction long before I did it.

Just. Pemberton. They threatened him the 2d, but they did not do it. But look you, gentlemen, consider this; I do not doubt but sir T. Gascoigne was sure that this man durst not discover any thing of this, for they had given him the sacrament and an oath of secrecy, which they look upon as a tie, among themselves, as long as they continue in that religion, not upon any account whatsoever to be undone; and they have such confidence in it, that they will trust their lives and every thing in a man's hand when they have given that oath. Alas! how could these people have the confidence to plot one with another, as they do, when they know their lives are in the hands of any one of all the rest, but upon this account? Do but swear them unto secrecy, and give them the sacrament of the mass upon it, and then they think such a one is proof enough against any thing in the world for that is damnation if they break it, as their priests tell them; but I doubt not but sir Thomas thought he had them as fast as can be upon that lock. But as to sir Thomas's evidence of those two men at Leeds, this is after the accusation of sir Thomas that they spake of; and can any man alive believe that they would go and plot to contrive the death of these two persons in the face of two strangers, after he was accused? It is so strange an evidence, that no man alive can believe it to be truth. Look you, gentlemen, persons that go to contrive such things as these are, go in secret, and hope they should never be discovered, but by one of themselves. Who would contrive when two be by? and, if they say true, might see them as well as hear them? though they did contradict one another in their evidence; the one said he was above, the other said he was below; the one said he might see them, the other not. Look you, gentlemen, I do see that they do lay some stress upon this, that he was his debtor, for that they seem to prove by their witnesses; but you must lay no great stress upon that at all, for the money were not quit if sir Thomas were found guilty; the money is due to the king theu he saves nothing by it, his money must be paid; let the prisoner be found Guilty, or not Guilty it is all one to him. You must consider this case, gentlemen: if you believe these men are perjured men, and have gone and contrived a malicious design against a man's life, then God forbid they should be believed anyway: but it is a positive evidence; and it isnot an evidence barely of itself, but introduced by a great many circumstances that went before; they tell you the whole affair that it does seem they have been privy to the affairs of these Jesuits all along, and sir Tho. Gascoigne's house hath it seems abounded with them; he hath been very beneficial to that sort of people, mighty charitable, as they call it, in superstition; and you must consider, that nothing can seem strange to them that will be 3 X

ridden by priests; they put them upon all the immoralities and villainies that can be found out for the cause of religion, as they call it; nothing can scem strange that is testified against them. Therefore I must leave it to you, upon what you have heard, and upon their credit, whether you believe the witness or not.

Just. Jones. Ay, it is left upon their credit that are your own countrymen, better known to you than us.

Just. Dolben. Look you, sir Thomas Hodson, and the gentlemen of the jury, if you will come in again in any time we will stay in court, otherwise you must lie by it all night, for we can take no privy verdict in this case.

Just. Pemberton. Ay, we will stay and hear motions a little while.

Then the jury withdrew from the bar, and after half an hour returned again, and being called over gave their verdict thus:

Cl. of the Cr. Sir Thomas Gascoigne, hold up thy hand. Look upon the prisoner: How say you? Is he Guilty of the High-Treason whereof he stands indicted, or Not Guilty? Foreman. Not Guilty.

Cl. of the Cr. Did he fly for it?
Foreman. Not that we know of.

Then the Verdict was recorded, and the Court rose.

265. The Trial of ELIZABETH CELLIER, at the King's-Bench, for High Treason: 32 CHARLES II. A. D. 1680.

AFTER the Jury were sworn, the clerk of the crown read the Indictment, viz:

The jurors of our lord the king do present, that Elizabeth Cellier, wife of Peter Cellier, late of the parish of St. Clement Danes in the county of Middlesex, gent. stands indicted, for that she as a false traitoress against our most illustrious and excellent prince, king Charles 2. her natural lord, not having God before her eyes, not weighing the duty of her allegiance; but by the instigation of the devil moved and seduced, and the cordial love and true due natural obedience which all faithful subjects of our said lord the king towards him should bear, and of right are bound to bear, utterly withdrawing, and devising, and with all her might intending the peace and common tranquillity of this kingdom to disturb, and to bring and put our said lørd the king to death and final destruction, and the true worship of God in this realm by the law established and used, to alter to the superstition of the church of Rome; to move and stir up war against the king in this kingdom, and to subvert the government of this realm; the 1st day of November, in the 31st year of the said king's reign, at the parish of St. Clement Dane aforesaid, when divers other false traitors unknown, traiterously did compass, imagine, and intend the killing, death and final destruction of our said lord the king, and to change, alter, and utterly to subvert the ancient government of this realm, and to depose, and wholly to deprive him the said king of his crown and government of this kingdom, and to extirpate the true religion within this realm established, and so full and accomplish the same most wicked treasons and traiterous imaginations and purposes, the same Elizabeth Cellier, and other false traitors unknown, the said 1st day of November, in the 31st year aforesaid, with force and arms, &c. at the parish of St. Clement Danes aforesaid, advisedly, devilishly, maliciously, and traiterously assembled, united, and gathered themselves together, and then and there devilishly, advisedly, maliciously, cunningly, and traiter

ously consulted and agreed to bring the said lord the king to death and final destruction, and to depose and deprive him of his crown and government, and so introduce and establish the Romish religion in this kingdom; and the sooner to fulfil and effect the same most wicked treasons and traiterous imaginations and purposes, the said Elizabeth Cellier, and other unknown traitors, then and there did contribute, pay and expend divers great sums of money to several unknown persons, to procure them traiterously to kill the said king, and introduce the Romish religion in this realm; and for the better concealing of the treasous aforesaid, the said Elizabeth Cellier then and there did pay and expend to divers other persons unknown, divers other sums of money, falsly to impose the said treasons upon some other persons unknown against the duty of her allegiance, and against the peace of our lord the king, his crown and dignity, and against the form of the statute in such case made and provided, &c."

John Gadbury sworn.

L. C. J. (sir William Scroggs.) Mr. Gadbury, What do you know concerning this plot?

Gadbury. I know nothing of it, neither one way nor another.

L. C. J. Do you know of any contrivance of Mrs. Cellier's to kill the king?

Gadbury. No, rather the contrary. L. C. J. Do you know of any attempts to change the government?

Gadbury. I will tell your lordship what I do know, if these gentlemen will not be too nimble for me. I have suffered a great deal of prejudice of late in relation to a plot, as if I had known of a plot; but God is my witness, I know of none, unless it were a plot to bring sir Robert Peyton over to the king's interest. That plot I had some concern in, and had some knowledge of Mrs. Cellier's concern in it; but she was so far from doing any thing against the king's interest, that she was willing to bring over with him the three gentlemen turned out

of commission when sir Robert was. So that how she could be acting for the king and against the king at the same time, I do not

understand.

L. C. J. Mr. Gadbury, you are a man of learning, pray will you give your testimony of the things that you know in relation to Mrs. Cellier.

L. C. J. Did Mrs. Celier tell you of any popish priests or Jesuits coming hither from be yond the seas?

Gadbury. Upon the going over of one Clay, I think she did say she heard there were some more coming over.

L. C. J. What to do?
Gadbury. God knows what.

L. C. J. Did she speak of any Plot or contrivance to kill the king.

Gadbury. No, she was always an enemy to Plots, or else I would not have kept her company.

it.

Gadbury. My lord, I think she said she heard And I have said several times to her, the popish Plotters would be destroyed: But she answered, she was afraid the nation would be destroyed first.

Gudbury. Mrs. Cellier was not committed upon my accusation; therefore, I hoped she might have been tried without my testimony. But when I was in danger of my life, when I lay in the Gate-house, Mrs. Cellier was reported to be a third witness against me, and L. C. J. Did she say there were, or that she then I raked up every trifle; but if I had heard there were several priests and Jesuits thought it treason, I would have discovered it coming over. before. And as to that particular business concerning Mr. Smith, that Smith some time since did come to me, being my old acquaintance, to ask my advice in his affairs; and he had an affair of so great moment, that it was necessary to ask my advice in it, which was to go to the lords in the Tower. I asked him, what to do? Saith he, I can say enough against Dr. Oates to serve them, and take off his evidence, and asked me if he should do it. By no means, Mr. Smith, said I. Mrs. Cellier afterwards told me this Smith and one Phillips were willing to tell some stories or other of Mr. Oates and Mr. Bedloe, and I told her this very story; saith she, You being acquainted with him, it is possible you may do some good upon him; and saith she, I had as lieve as 10 guineas that you could do it.

L. C. J. That is, when that you advised Mr. Smith not to meddle with any thing against Dr. Oates.

Gadbury. She said, she did not care if she had been at the charge of 10 guineas, if he would be honest and discover the truth. And, my lord, she did say she had heard Mr. Dangerfield talk of a Nonconformists Plot that would off the Popish Plot.

L. C. J. Did she say that she had heard Dangerfield say there was a Nonconformists Plot, and that he was to have a commission among them? And did she say, that she bad heard him say, that he hoped under the colour of that the Popish Plot would go on? Or did she say it of her own accord, that she hoped that would carry on the Popish Plot?

Gadbury. My lord, I cannot remember particulars.

L. C. J. There is a great deal of difference between Dangerfield's saying it, and her saying it.

Gadbury. I have no reason to spare her: But I am unwilling to speak any hing that is contrary to truth, though she hath done me the greatest injury in the world.

L. C. J. How come you to talk of a Nonconformists Plot.

Gadbury. It was only common discourse, as it was at coffee houses.

Just. Raymond. Had you heard of it before she spake of it, that you say it was common. Gadbury. No, not till she spake of it.

L. Č. J. Did she say she was afraid of it, or that the nation would be destroyed first? I ask you once more, we must try people according to their oaths. By the oath you have taken, when you said you thought the popish Plotters would be destroyed, what answer did she make?

Gadbury. She said she was afraid the nation would be so; because she said, abundance of the best of the nation went into other nations, to weaken our nation, and spend their money, and therefore she was afraid the nation would be destroyed before them.

L. C. J. What discourse had you with Mrs. Cellier passing through Westminster-Abbey ?

Gadbury. My lord, my memory hath been exceedingly bruised; but I remember, my lord as I was going through the Abbey in a rainy afternoon, she said this Abbey was formerly filled with Benedictine monks, or something to that purpose; and, saith she, what if it should be so again?

L. C. J. Are you a protestant or a papist?
Gadbury. A Protestant, my lord.

L. C. J. He talks as like a papist as can be, was it, what if it should be filled?'

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Gadbury. She said, what if it should be again?

L. C. J. What did you say to that? Gadbury. I only smiled to hear a woman's discourse, iny lord

L. C. J. You make all the company laugh: What did she say of the Temple?

Gadbury. That the Temple had been filled with friers too.

L. C. J. And what then? Did she talk of filling it again?

Gadbury. Saith she, this place was filled with Benedictine monks, and the Temple with friers.

L. C. J. This may do well enough: But what did she say else concering the Temple? Gadbury. Nothing, my lord.

Serj. Maynard said something to him here, which was not heard, but,

Mr. Gadbury replied, Mr. Serjeant, I was none of the tribe of forty-one.

Here Mr. Gadbury was going to read in his Paper; but the court told him that would not be allowed; but he might refresh his memory with it.

L. C. J. Now tell me what she said; Mr. Gadbury keep it in your hand.

Gadbury. My lord, she put it by way of interrogation to feel my pulse.

L. C. J. What did she else? Gadbury. There was nothing but transient discourse, inv lord.

LC. J. We must ask you what the truth is, and you have looked upon your paper. Now consider what you say, and consider that you are upon a solemn occasion, and are to testify it in the presence of God Almighty. I would have you tell plainly what it is, and neither to make it more, nor stifle it.

Gadbury. It was only transient discourse. L. C. J. Say what it was. Was it, This place was once filled with Benedictine monks? Gadbury. She said that the Abbey had been filled with Benedictine monks, as the Temple had with friers.

Just. Jones. Look upon your paper.

L. C. J. You have looked upon the paper, and pray tell us what she said. Did she say she hoped to see this place filled with Benedictines? Gadbury. My lord, I do not remember that word 'hope.'

L.C. J. How long have you been acquainted with Mrs. Cellier?

Gadbury. Ten or a dozen years. L. C. J. Did she never ask you any tions about the life of the king?

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Gadbury. Never, my lord, but when he was ill. I will not baffle any thing that may conduce to the safety of the king and kingdom.

L. C. J. Indeed it is very conducible to the safety of the king and kingdom, if any go about to destroy him, and with evil intentions to ask how long he will live, and you ought in duty to God and your sovereign to declare it. Did she ever make any enquiries about the king's death more than what you have said? Gadbury. No more, my lord; and then she was fearful he would die.

L. C. J. Did she say she would go to somebody else?

Gadbury. My lord, when she perceived me shy, she said, I see you are afraid of me, I will go to some other astrologer.

L. C. J. For what?

Gudbury. To satisfy her curiosity, as a great many do.

L. C. J. What curiosities did she ask besides this?

Gadbury. She would ask me sometimes about the condition of bodies, whether they would be prosperous in the world, and several other questions.

L. C. J. Were you nice in these curiosities?

Gadbury. Truly, my lord, I was shy of medques-dling with any thing, when I heard there was a talk about plots.

Gudbury. My lord, when the king was very ill at Windsor, and all the people were fearful that he would die, she did move the question to me.

L. C. J. What question?

Gadbury. To know, whether I thought his majesty would live or die? But it was her fear that he would die.

L. C. J. Had you seen the king?
Gadbury. No, my lord.

L. C. J. Was you nice to give her satisfaction according to her hopes concerning these things you call curiosities, questioning whether one should be well wed, how many children she should have, &c. Were you scrupulous in that? Gudbury. I think I might not be nice in that very particular.

L. C. J. How came it, then, that she would go to another astrologer?

Gudbury. She asked me something about

L. C. J. How then did she expect you should Mr. Dangerfield. give her an answer? From your art?

Gadbury. From my art, my lord!

L. C. J. Did she desire you to consult your art, how long the king would live? Gadbury. She did as I said.

L. C. J. What did you say to that?

L. C. J. For what?

Gadbury. How to get him out of prison.

L. C. J. Pray how came she to say she would go to another astrologer? you were not shy to give her an answer to these questions? Gadbury. It was something about Mr.

Gadbury. I would not tell her, because he Dangerfield, my lord, she asked me something was my sovereign.

L. C. J. What answer did you make? Gadbury. I told her I would not meddle with it.

1. C. J. She would have had you consult your art or scheme, or whatever it is, to know whether the king would live or die?

Gadbury. It was something of that. L. C. J. And you said you would not dle nor make with it?

Gadbury. Yes, my lord.

about some deeds or papers which he was to search for, or seize, which concerned Mr. Bedlow.

L. C. J. She had better have gone to one of the clerks than to a conjurer for them. But why would she go to another astrologer? Gadbury. Because I was shy.

L. C. J. You were not shy in these things med-about Bedlow. Did she not say, when you refused to meddle with the death of the king, that she would go to another astrologer ? Gadbury. Yes, my lord.

L C. J. She desired you to make a scheme? Gadbury. No, my lord, I can't say she mentioned a scheme, but she asked the question.

L. C. J. Did you any thing for her at that time?

Gadbury. My lord, I did calculate à scheme which since I found to be for Mr. Dangerfield, but I knew not for whom it was when I did it.

L. C. J. How! Can you apply one scheme to any body?

Gadbury. My lord, when Mrs. Cellier came to me, she gave me the time of a person's nativity, and I set the figure of the heavens to that sign, to know whether he were a person fit to be trusted, her husband being a French Merchant, to get in money.

L. C. J. For ought you know, Dangerfield was a woman, and the question was, whether Dangerfield was with child, and he happens to be a man. How did it fall out?

Gadbury. I have forgotten, my lord. L. C. J. When did you know it was for Dangerfield?

Gadbury. My lord, never before I came before the king and council; neither did I 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 ?

;

L. C. J. Is this the same man? Briscoe. I do believe it is the same man but I have not seen him these several years. L. C. J. Let every body have their right, in God's name. Have you any more? Mrs. Cellier. My lord, I can prove him perjured.

L. C. J. Have you any records to shew he was perjured? Is he convicted? Mrs. Cellier. No.

L. C. J. Then you cannot do it.

Mrs. Cellier. My lord, I can prove him guilty of forgery.

L. C. J. If you do not produce the record, you do nothing.

Mr. Recorder. (Sir George Jefferies.) That which she calls forgery, is not that which the law calls forgery; it is counterfeiting Guineas.

L. C. J. Can you shew he forged any deeds? If you can prove that he hath committed forgery, and be not convicted, it is no error.

L. C. J. Have you your pardon? she hath proved the conviction of felony, prove your pardon.

Mrs. Cellier. I have the copies of several records here in court, which will be sworn to. Gadbury. She did say she had heard of some To which Mr. Dangerfield pleaded his mapeople that were to discourse with Mr. Dug-jesty's most gracious pardon. To which Mrs. dale; she had heard such a thing, but I do Cellier replied, That she had a copy of the not know whether she knew any thing of it, said pardon in court, but it did not extend to

or no.

LC. J. What discourse had you about that? Gadbury. She told me there was a woman to go down to Windsor to beg Mr. Dugdale's pardon, for he was penitent for what he had said in some trial or other.

L. C. J. Call another witness.

Att. Gen. (Sir Creswel Levinz.) Mr. Dangerfield, pray give the court an account of what you know of Mrs. Cellier, the prisoner at the bar.

Mrs. Cellier. My lord, I except against that

witness.

L. C. J. Why so? You must shew some reason, and then we will do you justice in God's

name.

Mrs. Cellier. If I can prove he was whipped and transported, pilloried, perjured, &c. he is no witness. The last time I was upon my trial he threatened some of my witnesses, that if they would not swear as he would have them, he would kill them.

appear

some of the crimes for which he stood convicted; and then produced a record, wherein it did which the court commanded Mr. Dangerfield he was outlawed upon a felony. Upon to go and fetch his pardon; in the interim examining several of the king's witnesses.

Thomas Williamson sworn.

L. C. J. Did you ever see Dangerfield and Mrs. Cellier in company?

Williamson. No, my lord, but I have been employed for Mrs. Cellier in several businesses of charity to get prisoners out. When Mr. Dangerfield was in Newgate, she employed me to get him out.

L. C. J. Why was she so kind to Dangerfield?

Williamson. My lord, I don't know' that; but she bid me get him out whosoever staid behind.

Justice Raymond. Why should she get him out? Did she tell you what she would do with

L. C. J. If you can shew any record where-him when she had him out? by he is convicted of any thing that can by law take away his testimony, do it.

Mrs. Cellier. He has been indicted for burglary.

L. C. J. (To Mr. Dangerfield) Was you indicted for burglary?

Mr. Dangerfield. I will take it at their proof. Ralph Briscoe, a witness for the defendant,

sworn.

L. C. J. Do you know Dangerfield?
Briscoe. 1 remember one Thomas Danger-
field: I saw him burnt in the band at the Old-
Bailey.

Williamson. No, my lord.

Recorder. We bring him for a witness, that she had a great kindness for Dangerfield.

Margaret Jenkens sworn.

L. C. J. What discourse have you heard between Dangerfield and Cellier?

twice. It is a year since I came from them. Jenkens. I never saw them together but

L. C. J. When you saw them at dinner or supper together, what other company was there?

Jenkens. Her husband was with her one

time.

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