For publishing this periodical Henry Carr was tried at the Guildhall, London, in 1680, and found guilty.
The following is a copy of the information against him:—
Londonia Scilicet—Memorandum quod Samuelis Astry armiger coronator et attornatus domini regis in curia ipsius domini regis coram ipso rege qui pro eodem domino rege in hac parte sequitur in propria persona sua venit hic in curiam dicti domini regis coram ipso apud Westmonasterium die Mercurii proximo post octabas Purificationis Beatæ Mariæ Virginis isto eodem termino et pro eodem domino rege dat curiæ hic intelligi et informari quod cum quædam designatio anglice a plott proditoriæ conspirationis nuper habita fuit infra hoc regnum Angliæ inter diversos falsos proditores hujus regni Angliæ ad interficiendum et murdrandum dominum nostrum Carolum Secundum supremum dominum suum et gubernationem hujus regni Angliæ et sinceram Dei religionem infra hoc regnum Angliæ bene et pie stabilitatam subvertere et distruere et Romanam religionem infra hoc regnum Angliæ inducere cumque etiam diversi proditores pro alta proditione prædicta legittimo modo convicti et attincti fuerunt et aliæ personæ pro alta proditione prædicta per debitam legis formam triati et acquetati fuerunt quidam tamen Henricus Carre de parochia Sancti Sepulchri Londoniæ generosus præmissorum non ignarus sed machinans et malitiose intendens gubernationem dicti domini regis hujus regni sui Angliæ et administrationem justitiæ in eodem regno scandalizare et in odium et contemptum ducere primo die Augusti anno regni dicti domini regis nunc tricesimo primo apud parochiam Sancti Sepulchri Londoniæ prædictæ quoddam falsum scandalosum et malitiosum librum intitulatum The weekly Pacquet of Advice from Rome or the History of Popery malitiose et illicite imprimi causavit et publicavit in quoquidem libro continetur inter alia prout sequitur There is lately found out by an Experienc'd Physician, an Incomparable Medicament called, The Wonder-working Plaister, truely Catholick in Operation, somewhat of Kin to the Jesuites Powder, but more effectual. The Vertues of it are strange and various; it will make Justice deaf as well as blinde, take out spots of deepest Treasons more cleverly than Castle-soap does common Stains: It alters a man's Constitution in two or three days, more than the Virtuosi's Transfusion of Blood in seven years. 'Tis a great Alexipharmick, and helps Poysons, and those that use them. It miraculously exalts and purifies the Eye sight, and makes people behold nothing but Innocence in the blackest Malefactors. 'Tis a mighty Cordial for a declining Cause, and stifles a Plot as certainly as the Itch is destroy'd by Butter and Brimstone. In a word, it makes Fools wise men, and wise men Fools; and both of them Knaves. The colour of this precious Balm is bright and dazling; and being applied privately to the Fist in decent manner, and a competent Dose, infallibly performs all the said Cures, and many others, not fit here to be mentioned. In magnum contemptum dicti domini regis nunc et legum suorum in magnum scandalum gubernationis dicti domini regis hujus regni Angliæ et administrationis justitiæ in eodem in malum exemplum omnium aliorum in tali casu delinquentium ac contra pacem dicti domini regis nunc coronam et dignitatem suas &c.[205]
245.
New year's gift for the Lord Chief Justice Scroggs, being some remarks on his speech made the first day of Michaelmas, 1679.
For the publication of this paper a prosecution was instituted against Francis Smith, but the result does not appear. The following is a copy of the Indictment.
Londonia. Memorandum quod Samuel Astry armiger coronator et attornatus domini regis in curia ipsius regis coram ipso rege, qui pro eodem domino rege in hac parte sequitur, in propria persona sua venit hic in curiam dicti domini regis coram ipso rege apud Westmonasterium, die Veneris proxima post Octabas Sancti Hillarii isto eodem termino, et pro eodem domino rege dat curiæ hic intelligi et informari, quod Franciscus Smyth, junior, de parochia Sancti Stephani Wallbrooke, Londonia, Stationer, machinans et malitiose intendens Willielmum Scroggs militem, Capitalem Justiciarium domini regis ad placita coram ipso rege tenenda assignatum (quantum in eo est) scandalizare, et depravare, in hüs quæ officium suum judiciale tangunt et ipsum Capitalem Justiciarium in odium et contemptum ducere, sexto die Januarii anno regni domini nostri Caroli Secundi Dei gratia Angliæ, Scotiæ, Franciæ, et Hiberniæ Regis, Fidei Defensoris &c., tricesimo primo, apud parochiam Sancti Michaelis in Cornhill Londonia, quoddam falsum scandalosum, malitiosum, et odiosum libellum, intitulatum A New year's guift for the Lord Chief in Justice Scgs beinge some remarkes on his speech made the first day of Michaelmas Terme 1679 falso, malitiose, et seditiose publicavit et publicari causavit, in quoquidem falso et scandaloso libello (inter alia) continetur prout sequitur, in hæc verba, When I heard his lordshipp (dictum Capitalem Justiciarium innuendo) after one so greate an aduenture of acquitting Sir George Wakeman (quendam Georgium Wakeman Barronettum, qui pro alta proditione nuper indictatus fuit, et superinde per quandam juratam patriæ inter dominum regem et præfatum Georgium captam debito modo acquietatus fuit, innuendo) in soe capital a crime as beinge hired and receivinge part of the money to poysen his sacred Majesty (dominum Carolum Secundum nunc Regem Angliæ innuendo) should make an other adventure of a Speech to Justifie it I stood amazed at his confidence, instead of admiring his Justice, and was apt to conclude that he vainely thought, wee never should have another Session of Parliament, as alsoe that his lordshipp forgott, or never read of Empson and Dudley. Et in alio loco ejusdum falsi et scandalosi libelli continetur prout sequitur in hæc verba. He (prædictum Capitalem Justiciarium innuendo) sayes moreover that Justice should flow like a mighty Streame, we see he (prædictum Capitalem Justiciarium innuendo) can speake some truth though hee acte but little, but let him tell us whether 10000 guinnyes will it make a mighty Dam to stopp this mighty streame, sometimes with some persons in some cases. Et in alio loco ejusdum falsi et scandalosi libelli, (post mentionem factam de triatione cujusdam Edwardi Colman pro alta proditione) continetur prout sequitur, videlicet, and if you doe but observe his lordshipps carriage in summing upp the evidence both at the one triall and the other (triationem prædicti Edwardi Coleman et triationem prædicti Georgii Wakeman innuendo) you will assuredly find it as different and contrary as white is to black, or as the lord chiefe Justice is sometymes, to Sir William at others. In magnum scandalum et contemptum dicti Capitalis Justiciarii, et authoritatis suæ depravationem, ad grave dampnum dicti Capitalis Justiciarii, in malum et pernitiosum exemplum omnium aliorum in tali casu delinquentium, ac contra pacem dicti domini regis nunc; coronam et dignitatem suas, &c.[206]
A copy of this paper is preserved among the Nicholl's Collection of Newspapers, at the Bodleian Library, Oxford.
246.
A Satire against In-justice: or, Scroggs upon Scroggs. 1679. A folio broadside containing 16 three line stanzas.
Jane Curtis was prosecuted by direction of Chief Justice Scroggs, for selling this broadside—"Which his Lordship called a libel against him: and her friends tendering sufficient bail, and desiring him to have mercy upon her poverty and condition he swore by the name of God she should go to prison, and he would show her no more mercy than they could expect from a wolf that came to devour them; and she might bring her Habeas Corpus, and come out so; which she was forced to do; and after informed against and prosecuted to her utter ruin, four or five terms after."[207]
A copy is preserved in the Guildhall Library. The entire production is as follows:—
A
SATYR
AGAINST
IN-JUSTICE:
OR,
Sc——gs upon Sc——gs.
1. A Butcher's Son (Judge) Capital,
Poor Protestants for to enthral,
And England to enslave, Sirs.
2. Lose but our Laws and Lives (we must)
When to do Justice, we intrust
So known and errand Knaves, Sirs.
3. Some hungry Priests he once did fell
With mighty Stroaks, and them to Hell
Sent furiously away, Sirs.
4. Would you know why? The reason's plain;
They had no English nor French Coyn
To purchase longer Stay, Sirs.
5. The Pope, to Purgatory sends
Who neither Money have (nor Friends;)
In this he's not alone, Sirs.
6. Our Judge to Mercy's not inclin'd,
Unless Gold change Conscience and Mind,
You are infallibly gone, Sirs.
7. His Father once exempted was
Out of all Juries; Why? Because
He was a man of Blood, Sirs.
8. And why the Butcherly Son, forsooth,
Should now be Judge and Jury both
Can't well be understood, Sirs.
9. The good old man, with Knife and Knocks,
Made harmless Sheep and stubborn Ox
Stoop to him in his fury.
10. But the Brib'd Son, like greedy Auff,
Kneels down and worships Golden Calf,
And so did all the Jury.
11. Better hadst been at Father's Trade,
An honest Livelihood t'have made,
In hampering Bulls with Collers.
12. Than to thy Country prove unjust;
First sell, and then betray thy Trust
For so many hard Rix-dollers.
13. Priest and Physician thou didst save
From Gallows, Fire, and the Grave
For which we can't endure thee.
14. The one can ne'er absolve thy Sins,
And th'other, though he now begins,
Of Knavery ne're can cure thee.
15. But lest we all should end thy Life,
And with a keen-whet Chopping-knife,
In a thousand pieces cleave thee.
16. Let th' Parliament first him undertake,
They'll make the Rascal stink at Stake;
And so like a Knave let's leave thee.
FINIS.
The following is a copy of the information against the publisher.
Londonia. Memorandum quod Creswell Levins miles attornatus domini regis nunc generalis qui pro eodem domino rege in hac parte sequitur, in propria persona sua venit hic in curiam dicti domini regis coram ipso rege apud Westmonasterium, die Jovis proxima post tres septimanas Sancti Michaelis isto eodem termino, et pro eodem domino rege dat curiæ hic intelligi et informari quod Jana Curtice uxor Langley Curtice de parochia Sancti Martini Ludgate Londonia Stationer, machinans et malitiose intendens Willielmum Scroggs militem Capitalem Justiciarium domini regis ad placita coram ipso rege tenenda assignatum scandalizare et ipsum Capitalem Justiciarium in hüs quæ ipsum Capitalem Justiciarium et officium suum judicialem tangunt et authoritatem dicti domini regis in odium et contemptum ducere, vicesimo die Octobris anno regni domini nostri Caroli Secundi, Dei gratia Angliæ Scotiæ Franciæ et Hiberniæ Regis Fidei Defensoris &c. tricesimo primo, apud parochiam Sancti Martini Ludgate prædictam in Warda de Farringdon extra Londoniam, quoddam falsum malitiosum infamosum scandalosum et odiosum libellum intitulatum A Satyr against In-justice: or Sc—gs upon Sc—gs. in manibus suis obtinuit in quoquidem libello (inter alia) continetur prout sequitur in hac verba Some hungry Priests he (prædictum Capitalem Justiciarium innuendo) once did fell With mighty Stroaks, and them to Hell Sent furiously away, Sirs. Would you know why? The reason's plain; They had no English nor French Coyn To purchase longer Stay, Sirs. The Pope, to Purgatory sends Who neither Money have (nor Friends;) In this he's not alone, Sirs. Our Judge (prædictum Capitalem Justiciarium innuendo) to Mercy's not inclin'd, Unless Gold change Conscience and Mind, You are infallibly gone, Sirs. Et prædicta Jana Curtice sciens libellum prædictum fore scandalosum et infamosum libellum postea scilicet dicto vicesimo die Octobris anno supradicto apud Londoniam prædictam in parochia et warda prædictis idem libellum publicavit et venditioni exposuit in magnum scandalum et vilependium et contemptum dicti Capitalis Justiciarii et authoritatis dicti domini Regis, in malum exemplum omnium aliorum in tali casu delinquentium ac contra pacem dicti domini regis nunc coronam et dignitatem suas &c.[208]
247.
Some observations upon the late Trials of Sir George Wakeman, Corker, & Marshal, &c. By Tom Ticklefoot, the Tabourer, late Clerk to Justice Clodpate. 1679.
For publishing this book, Edward Berry, Stationer, of Gray's Inn, was committed by Chief Justice Scroggs; and though he tendered £1000 bail, yet the Chief Justice said he would take no bail; he should go to prison, and come out according to law. And after he, with much trouble and charge got out by a Habeas Corpus, he was forced by himself or his attorney to attend five terms before he could be discharged, though no information was exhibited against him in all that time.
Francis Smith was also prosecuted for publishing this book. He was tried at the Guildhall, in 1680, and a small fine imposed on him. Jane Curtis was also tried for the same offence.[209] The book itself is printed at length in Howell's State Trials, Vol. 7, p. 687.
248.
The Serious Queries against the Conventicle Act, proving it to be against the laws of God, of Nature, and of Magna Charta. 1680.
For the publication of this book, Francis Smith was committed into the custody of five of the King's messengers, by the Council-board to about £50 charge and damage.[210]
249.
The Protestant Domestic Intelligence, or News both from City and Country. No. 57. Tuesday, January 20, 1679.
For publishing this newspaper, a prosecution was instituted against Benjamin Harris. The information is as follows:—
Memorandum quod Samuel Astry Armiger Coronator et Attornatus domini regis in curia ipsius regis coram ipso rege qui pro eodem domino rege in hac parte sequitur in propria persona sua venit hic in curiam dicti domini regis coram ipso rege apud Westmonasterium die veneris post Octabas Sancti Hillarii isto eodem termino, et pro eodem domino rege dat curiæ hic intelligi et informari quod cum Willielmus Scroggs miles vicesimo die Januarii anno regni dicti domini regis nunc tricesimo primo, et diu antea et continue abinde huc usque fuit et adhuc est Capitalis Justiciarius domini regis ad placita coram ipso rege tenenda assignatus et officium illud capitalis Justiciarii bene et fideliter exercuit absque aliqua oppressione injuria sive malegestura quidam tamen Benjaminus Harris de parochia Sancti Michaelis in Cornhill Londonia Stationer machinans et malitiose intendens prædictum Willielmum Scroggs militem Capitalem Justiciarium domini regis ad placita coram ipso rege tenenda assignatum scandalizare ac in odium et contemptum ducere prædicto vicesimo die Januarii anno regni domini nostri Caroli Secundi Dei gratia Angliæ Scotiæ Franciæ et Hiberniæ Regis Fidei Defensoris &c. tricesimo primo, apud parochiam Sancti Michaelis Cornhill Londonia prædictam quoddam falsum malitiosum scandalosum et odiosum libellum intitulatum The Protestant Domestick Intelligence or News both from City and Country. Published to prevent false reports, falso malitiose et scandalose imprimi causavit et publicavit in quo quidem falso malitioso et scandaloso libello (inter alia) continetur prout sequitur On Friday last, the 16 instant, Articles of high Misdemeanor were offered by way of Complaint to the Kings most Excellent Majestie, and the Right Honourable the Lords and others of His Majesties most Honorable Privie Council by Dr. Oates and Captain William Bedlow, against the Lord Chief Justice Scroggs, (prædictum Capitalem Justiciarium innuendo) therefore if any have been oppressed or injured by the said Lord Chief Justice, they will be speedilie Heard, if they in time come in; the Cause will its thought be heard the beginning of February. In magnum scandalum ignominium et contemptum dicti Capitalis Justiciarii et authoritatis suæ in malum et pernitiosum exemplum omnium aliorum in tali casu delinquentium ac contra pacem dicti domini regis nunc coronam et dignitatem suas &c.[211]
The result of the prosecution does not appear.
A copy of this newspaper is preserved in the Library of the British Museum.
250.
A speech lately made by a noble Peer of the Realm. London. Printed for F.S. at the Elephant and Castle near the Royal Exchange in Cornhill. 1681.
This was published by Francis Smith, the bookseller, and for so doing, a prosecution was instituted against him. He was tried and convicted, but his sentence does not appear.
The information is as follows:—
Memorandum quod Cresswell Levinz miles attornatus Domini Regis nunc generalis qui pro eodem domino rege in hac parte sequitur in propria persona sua venit hic in curiam dicti domini regis coram ipso rege apud Westmonasterium die Sabbati proxima post crastinum Purificationis Beatæ Mariæ Virginis isto eodem termino et pro eodem domino rege dat curiæ hic intelligi et informari quod Franciscus Smith nuper de parochia Sancti Michaelis Cornhill Londonia Bibliopola vicesimo quarto die Decembris anno regni domini nostri Caroli Secundi nunc Regis Angliæ &c. tricesimo secundo apud parochiam prædictam infra civitatem Londoniæ prædictam vi et armis &c. falso et malitiose scripsit et publicavit et scribi imprimi et publicari causavit quendam fictum falsum seditiosum et scandalosum libellum intitulatum A Speech lately made by a Noble Peere of the Realme in quo quidem libello continetur hæc falsa ficta et scandalosa verba sequentia My lords 'tis a very hard thing to say that we cannot trust the King, and that wee have beene already deceived so often that wee see plainely the apprehensions of discontent in the people is no argument at Court And though our Prince be in himselfe an excellent person that the people have the greatest inclinations imaginable to love; yet we must say he is such an one as no story affords us a paralell of; howe plaine and how many are the profes of the designe to murder him, how little is he apprehensive of it. Et in altera parte ejusdem libelli continetur hæc falsa ficta et scandalosa verba sequentia scilicet My lords I here of a bargaine in the house of Commons and an addresse made to the King, but this I know and must boldly say it, and plainely, that the nation is betrayed if upon any termes we part with our money till wee are sure the King is ours, have what lawes you will, and what condicions you will they will be of no use but wast paper before Easter if the Court have money to set up for popery and arbitrary designe in the meane while on the other hand give me leave to tell you my lords the King hath no reason to distrust his people no man can goe home and say that If the King comply with his people they will doe nothing for him but teare all up from him we want a government and we want a Prince that we may trust even with the spending of half our annuall revenues for some time for the preservation of the Kingdome. In malum et pernitiosum exemplum omnium aliorum in tali casu delinquentium ac contra pacem dicti domini regis nunc coronam et dignitatem suas &c.[212]
This speech was never spoken; and was, by order of the Lords, burnt by the hands of the hangman. A copy is preserved among the Chetham Collection of Broadsides, Manchester, No. 2628; and it is also printed in Cobbett's Parliamentary History, Vol. 4, App. No. X.
251.
An Act of Common Councill of the City of London, (made in the first and second years of the reign of Philip and Mary) for retrenching of the expenses of the Lord Mayor and Sheriffs, etc. Published, with additional reasons for putting the said Act in present execution, and now offered to the consideration of all good Citizens by some Well-Wishers of the present and future prosperity of the said City. Presented to my Lord Mayor, Aldermen, and Sheriffs. London: Printed for F. Smith, at the Elephant and Castle in Cornhill, near the Royal Exchange. 1680.
For this book, an indictment was preferred against Francis Smith, the publisher, at the Guildhall, London, on September 16, 1680, but it was thrown out by the grand jury. The best account of this book, and the prosecution thereupon, will be found in a tract published by Smith, at the time, and entitled, "An Account of the injurious proceedings of Sir George Jeffreys, Knight, late Recorder of London, against Francis Smith, Bookseller, with his arbitrary carriage towards the grand jury at Guildhall, Sept. 16, 1680, upon an indictment exhibited against the said Francis Smith, for publishing a pretended libel; entitled, 'An Act of Common Council.'"
The following is a copy of the indictment against Smith:—
London, ss. The Jurors for our Lord the King upon their oaths present that Francis Smith, late of London, Bookseller, being a man seditious and pernicious, plotting and intending the peace and common tranquillity of this kingdom to disturb, and discord, differences and ill will, amongst the citizens and inhabitants of the city of London, to stir up, provoke and procure; also the Mayor, Aldermen, and Sheriffs of the City of London, now in being, and the Mayor, Aldermen, and Sheriffs of the City of London, for the time past in great odium, contempt, and base accompt to bring; the same Francis Smith, the 17th day of August, in the reign of our Sovereign Lord Charles the Second, by the grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c. the two and thirtieth at London, viz. in the parish of St. Michael Cornhill in the ward of Cornhill London, aforesaid, with force and arms &c. unlawfully, wickedly, maliciously, scandalously, and seditiously printed, and caused to be printed, a certain malicious, scandalous, and seditious book, of and concerning the expences of the Lord Mayors, Aldermen, and Sheriffs of the City aforesaid, in their houses, in the time of their several offices; entituled An Act of Common Council of the City of London, (made in the first and second years of the reign of Philip and Mary) for retrenching of the expences of the Lord Mayor and Sheriffs &c. Published with additional Reasons for putting the said Act in present Execution, and now offered to the Consideration of all good Citizens by some Well-wishers of the present and future prosperity of the said City. Presented to my Lord Mayor, Aldermen, and Sheriffs. In which book by the said Francis Smith then so as aforesaid published, printed and caused to be printed, the same Francis Smith then and there, viz. the day and year before mentioned, at the parish and ward aforesaid, mischievously, unlawfully, wickedly, maliciously, scandalously, and seditiously printed, made known openly, and published, mischievously, malicious, scandalous, and seditious sentences, in these English words following, viz.:—
Reader,
As by this Act you may observe, that our Predecessors taking notice, that the extravagancies of Mayors and Sheriffs caused (as they say) almost all good citizens to flie and refuse the service; so to prevent that mischief in the future, they limited them in their living to the method directed by this Act. And if when little was spent besides the growth of our own Country, Beer and Ale being then their drink, they thought it their wisdom to set bounds to Luxurious Profuseness, there is much more reason for it now, when Debauchery is come to that height, that the fifth part of the charge of a Shrievalty is in Wine, the growth of another Country. And when Feasts, hardly heard of in former times, are risen to that Excess, as would be scandalous to mention, as those called the Chequer and Spittle Feasts; the first costing in Wine betwixt Seventy and Eighty Pounds; and the latter, after the pretended Service of God in hearing a Sermon, costs above Three Hundred Pounds to each Sheriff. And though much after this rate is the rest of the year spent, yet when the Example of this Act is urged for laying aside these sinful Feasts, and reducing the rest unto this Pattern, which is a wholsom Law; some who should see to the putting it in execution, will not hear of it; and possibly, because they would have others be as profuse as themselves have been, though there are these Reasons for a Reformation herein.
And these mischievous, malicious, and seditious sentences, in these English words following, viz.:—
Because nothing can tend more to the Advancement of any City or Country than the having wise and good Magistrates; and that so long as the great expence of Shrievalties continue, the City must (as this Act suggests) have an Eye to Wealth, more than Parts or Vertue, in the choice of their Sheriffs; and that such as their Sheriffs are, such will the Court of Aldermen be: and therefore as necessary for the good Government of this great City, the charge of Shrievalties ought to be reduced to such an Order and Method, as may be an Encouragement to Men of more Honesty than Riches to serve the Place.
And these mischievous, malicious, scandalous, and seditious sentences, in these English words following, viz.
No man hath reason to be expensive in his Shrievalty; because though the Court of Aldermen hath a rule for supplying, as any die their vacant places out of those that have served Sheriffs, yet they make their Election to depend upon the uncertain humour of their Court, thereby frustrating when they please all Compensation for the Expence and Drudgery of a Shrievalty, as lately appeared in their Choice of Sir Simon Lewis, one of their present Sheriffs, rejecting Sir Thomas Stamp, who had served the Place several years before with good approbation, and was presented to them by the Ward he lives in as a deserving Person. And whereas each Ward when they want an Alderman, do present two Commoners to the Court, for them to chuse one; the Ward of Bassishaw, to the end that Sir Thomas might unavoidably be chosen, joyned the younger (and not the elder) Sheriff with him, not thinking that an old Sheriff would be baulked, to chuse one that had not served his year; and yet notwithstanding, the Court by their Prerogative passed by Sir Thomas, to the disappointing of the Ward that sent him. And this Example is, I suppose a good reason for Sheriffs in the future not to spend more in their Shrievalties, than is necessary, when their Reward is so uncertain.
And these mischievous, malicious, scandalous, and seditious sentences, in these English words following, viz.
Debauchery in this Expence is a Sin before God, and were it known, would be a scandal in the sight of Man; as appears in that of Three thousand Pounds Expence in all manner of ways, above Five hundred Pounds is in Wine; when a Lord, or Gentleman that formerly lived at the rate of Ten or Twelve thousand Pounds per annum, did not, as is well known (but thirty years ago) spend an hundred Pounds in Wine.
To the great Scandal and Contempt of our said Lord the King, to the great Reproach and Scandal of the Authority of the Mayor, Aldermen, and Sheriffs, of the City aforesaid; to the great Disturbance of the Peace of our said Lord the King, to the Evil Example of others in the like case offending, and against the Peace of the said Lord the King, his Crown and Dynasty, &c.
A copy of this pamphlet is preserved in the Guildhall Library, London.
252.
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. 1680.
For writing, printing, and publishing this book, Mrs. Elizabeth Cellier, was tried at the Old Bailey, in September, 1680, and found guilty. She was sentenced to a fine of £1000, and to be imprisoned until payment; and also to stand on the pillory three times, the first time at the Maypole, in the Strand, the second time in Covent Garden, and the third time at Charing Cross; and her books were to be burnt by the Common Hangman.
The indictment against her is as follows:—
Juratores pro domino rege super sacramentum suum præsentant quod Elizabetha Cellier uxor —— Cellier de parochia Sancti Clementis Dacorum in comitatu Middlesexiæ generosi, eadem Elizabetha existente religionis papalis, Deum præ oculis suis non habens sed instigatione diabolica mota et seducta et falso et malitiose machinans et intendens serenissimum Dominum nostrum Carolum Secundum Dei gratia Angliæ, Scotiæ, Franciæ et Hiberniæ Regem et gubernationem suam hujus regni Angliæ necnon veram religionem protestantem infra hoc regnum Angliæ lege stabilitatam, in odium, infamiam et contemptum inducere et inferre, et scandalum et infamiam imponere super quibusdam personis qui producti fuissent testes et testimonium dedissent ex parte dicti domini regis contra prædictam Elizabetham Cellier et alias personas de alta proditione indictatas primo die Augusti anno regni dicti domini regis tricesimo secundo apud prædictam parochiam Sancti Clementis Dacorum in Comitatu Middlesexiæ prædicto falso malitiose et seditiose scripsit et publicavit et scribi imprimi publicari causavit quendam fictum falsum et scandalosum libellum intitulatum 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 herself, for the satisfaction of all lovers of undisguized truth. In quo quidem libello continentur hæc falsa ficta et scandalosa verba et figuræ sequentia, scilicet. I hope it will not seem strange to any honest and loyal person, of what way or religion soever, that I being born and bred up under Protestant Parents, should now openly profess myself of another Church. (Ecclesiam Romanam innuendo). For my education being in those times, when my own Parents and Relations, for their constant and faithful affection to the King and Royal Family, were Persecuted, the King himself Murthered, the Bishops and Church destroy'd, the whole Loyal party merely for being so, opprest and ruin'd; And all as was pretended by the Authors of these villanies, for their being Papists and Idolaters, the constant Character given by them, to the King and his friend, to make them odious, they assuming to themselves, only the Name of Protestants, making that the Glorious title by which they pretended right to all things. These sort of Proceedings, as I grew in understanding, produc'd in me more and more Horror of the party that committed them, and put me on Inquiry into that Religion, to which they pretended the greatest Antipathy, wherein I thank God, I found my Innate Loyalty, not only Confirm'd, but Incourag'd, and let Callumny say what it will; I never heard from any Papist as they call them, Priests nor lay-man, but that they and I, and all true Catholicks, owe our lives to the defence of our Lawful King, which our Present Soveraign, Charles the Second is, whom God long and happily preserve so. These sorts of Doctrines agreeing to my Publick Morralls, and no way as ever I was taught, contradicting my Private ones, Commending at the same time to me, Charity and Devotion, I without any scruple, have hitherto followed Glorying to myself to be in Communion with those (papistas innuendo) who were the humble Instruments of his Majesties happy Preservation, from the fatall Battel at Worcester, and whom though poor, no Temptation could invite, to betray him to those, who, by a pretended Protestant principle, sought his Innocent blood. These truths I hope may satisfy any indifferent person in my first Change, nor can they wonder at my continuance therein, notwithstanding the Horrid Crimes of Treason and Murther laid to the charge of some persons considerable, for their quallity and fortunes in that party. For when I reflected who were the witnesses, and what unlikely things they deposed, and observ'd, that many of the chiefest Sticklers for the Plot, were those, or the Sons of those, that acted the principal parts in the last Tragedy, which History told me too, had the Prologue of a pretended Popish Plot. I say, these things made me doubtful of the whole; and the more I search'd for Truth, the more I doubted that the old Enemies of the Crown were again at work for its destruction. I being fully confirm'd in this, thought it my duty, through all sorts of hazards, to relieve the Poor Imprison'd Catholicks, who in great numbers were locked up in Gaoles, starving for want of bread, and this I did some months before I ever saw the Countess of Powis or any of those Honourable persons that were accused, or receiving one penny of their mony directly or indirectly, till about the latter end of January, (78) the Prisoners increasing very much. Et in alia parte ejusdem libelli (inter alia) continentur hæc falsa ficta et scandalosa verba scilicet. About this time I went daily to the prisons to perform those offices of Charity I was oblig'd to, And on Thursday, January the 9th, (78) I Din'd in Newgate in the Room called the Castle on the Master's side Debtors, and about four in the afternoon, I came down into the Lodge with five Women, of which three were Protestants, and we all heard Terrible Grones and Squeeks which came out of the Dungeon, called the Condemned Hole. I asked Harris the Turnkey, what Dole-full cry it was, he said, it was a Woman in Labour. I bid him put us into the Room to her, and we would help her, but he drove us away very rudely, both out of the Lodge, and from the door; we went behind the Gate, and there lissened, and soon found that it was the voice of a strong man in Torture, and heard, as we thought, between his grones, the winding up of some Engine: these cries stop'd the passengers under the Gate, and we six went to the Turner's shop without the Gate, and stood there amaized with the Horror, and dread of what we heard; when one of the officers of the Prison came out in great hast, seeming to run from the Noise. One of us catcht hold of him, saying, Oh! What are they doing in the Prison? Officer. I dare not tell you. Mistres. It's a Man upon the Rack, I'le lay my life on't. Officer. It is something like it. Cellier. Who is it Prance? Officer. Pray Madam do not ask me, for I dare not tell ye, but it is that I am not able to heare any longer: Pray let me go, with that he run away toward Holborn as fast as he could. We heard these grones perfectly to the end of the Old Bayly, they continued till near seven of the Clock, and then a person in the habit of a Minister, of middle stature, Gray hair'd, accompanied with two other Men, went into the Lodge, the Prisoners were locked up, and the outward door of the Lodge also, at which I set a person to stand, and observe what she could; and a Prisoner loaded with Irons, was brought into the Lodge, and examin'd a long time, and the Prisoners that came down as low as they could, heard the person Examined with great vehemency, say often, I know nothing of it, I'me innocent: he forc'd me to bely myself, What would you have me say? Will you murther me because I will not bely myself and others? Several other such like expressions they heard spoken as by one in great Agony. About four of the clock the next morning, the Prisoners that lay in a Place above the hole, heard the same cry again two houres, and on Saturday Morning again, and about Eight a Clock that morning a person I employ'd to spy out the truth of that affair, did see the Turn keys carrying a Bed into the hole, she asked whoe it was for, they told her, it was for Prance, who was gone Mad, and had tore his bed in pieces. That night the Examiners came again, and after an houres Conference Prance was led away to the Press-yard: This, and many things of the like nature, made me very Inquisitive to know what passed in the Prison. 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 13 weeks and three days in great missery, 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 chain'd so long double, 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 into 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 time. 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 should have it all, and be taken into the aforesaid Duke's 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—— St—— by whose contrivance he was accused, took him aside, and bid him name some person, and say, they Imploy'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 till Sunday without victualls or drink, having his hands every Night Chain'd behind him, and being all this time locked 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 bid her be gone, and not look at him. Et in altera parte ejusdem libelli continentur (inter alia) hæc falsa ficta et scandalosa verba sequentia scilicet My arraignment, which (in confidence of my own innocence) I continually prest for. Not but that I knew the danger, as to this Life, of encountering the Devil in the worst of his Instruments, which are PERJURERS INCOURAGED to that degree as that profligated Wretch quendam Thomam Dangerfield testem productum ex parte domini regis contra prædictam Elizabetham Cellier pro alta proditione innuendo was, and has been since his being exposed to the World in his true colours both at mine, and at another's Tryal. Et in altera parte ejusdem libelli continentur hæc falsa ficta et scandalosa verba sequentia scilicet Nor have I since received anything towards my losses, or the least civility from any of them. Whilst Dangerfield (prædictam Thomam Dangerfield iterum innuendo) (when made a Prisoner for apparent Recorded Rogueries,) was visited by and from Persons of Considerable Quality, with great Sums of Gold and Silver, to encourage him in the new Villanies he had undertaken, not against Me alone, but Persons in whose Safety all good Men (as well Protestants as others) in the three kingdoms are concerned. Et in altera parte ejusdem libelli vocati A Postscript to the impartial reader continente hæc falsa ficta et scandalosa verba sequentia scilicet And whensoever his Majesty pleases to make it as safe and honourable to speak truth as it is apparent it hath been gainful and meritorious to do the contrary, there will not want witnesses to testify the truth of more than I have written and persons that are above being made the hangman's hounds for weekly pensions, or any other considerations whatsoever. In malum et perniciosissimum exemplum omnium aliorum in tali casu delinquentium contra pacem dicti domini regis coronam et dignitatem suas. By a Treasury warrant, dated May 16th, 1687, Mrs. Cellier was discharged from the judgment which had been pronounced against her.[213]
253.
The two first books of Philostratus, concerning the life of Apollonius Tyaneus; written originally in Greek, and now published in English: together with philological notes upon each chapter; by Charles Blount. London. 1680. Folio.
According to Dr. Adam Clarke, "this piece was published with the design to invalidate the testimony of the evangelists concerning the miracles of our Blessed Lord." A few copies only were dispersed before the work was suppressed. Two copies exist in the British Museum Library.
254.
A Popish damnable Plot against our Religion and Liberties, fairly laid open and discovered in the Breviats of Threescore and Four Letters and Papers of Intelligence past betwixt the Pope, Duke of York, Cardinal Norfolk, Cardinal Cibo, Cardinal Barbarina, Nuncio and Internuncio for the Pope in Italy, France, and Flanders, and the Lord Arundel, Mr. Coleman, Mr. Cooke, Mr. Coune. And also the said Mr. Coleman, Albany, Sr. German, Lybourn, Sheldon, Throgmorton, and several others. As they were drawn up by the Secret Committee of the House of Commons, for the satisfaction of the House of Lords in the Bill against the Duke of York and expected Tryals of the Lords. Now published for the vindication of the House of Commons upon the said Bill, and for satisfaction of all the faithful subjects of His Majestie's Kingdom, with several animadversions and remarks made upon the said letters. London. 1680.
This was a pamphlet containing reflections upon Sir Edward Dering, a member of the House of Commons; and on November 15, 1680, upon a debate in that House, it was resolved that "all the reflective parts upon Sir Edward Dering were false, scandalous and libellous." Mr. Yarrington, who was summoned to the bar of the House with others, respecting the printing and publishing of this book, stated that all the animadversions contained therein were penned by Dr. Tonge, and that he received the abstract of the several letters therein mentioned, from a Scrivener in Essex Court, in the Temple. It was thereupon resolved that Dr. Tonge should have notice to attend the House the next day, and that Mr. Yarrington and the others concerned in the publication of the pamphlet, should be committed to the custody of the Serjeant at Arms for their breach of privilege; but they were all in a few days discharged from custody, after receiving the censure of the House.[214] A copy of this pamphlet is preserved in the British Museum Library. It is in folio, and contains 31 pages.
255.
A Dialogue betwixt the Devil and the Ignoramus Doctor.