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A63159 The tryal and conviction of John Tasborough and Ann Price for subornation of perjury, in endeavouring to perswade Mr. Stephen Dugdale to retract and deny his evidence about the horrid Popish Plot with an intention to stifle the further prosecution and discovery of the same at the King's bench bar at Westminster, Tuesday the third day of February, 1679/80 before the Right Honourable Sir William Scroggs Knight, Lord Chief Justice, and the rest of the judges of that court. Tasborough, John, defendant.; Price, Ann., defendant.; England and Wales. Court of King's Bench. 1680 (1680) Wing T2161; ESTC R23482 43,678 63

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that to Mr. Dugdale Sir Robert Southwell Yes and he added my Lord further to do him justice in all he said in case Mr. Dugdale had signed the paper he would presently have carried it before a Magistrate Mr. At. Gen. I think we need not trouble your Lordship any further at present we leave it here till we hear what they say Mr. Saunders May it please your Lordship and you Gentlemen of the Jury I am of Counsel for Mrs. Price that is one of the Defendants in this Indictment which as hath been opened does set forth That she did contrive to suborn the Kings Evidence before the Trials of those persons and to suppress it and afterwards to retract the Evidence given and go off from what before he had sworn to disparage the Justice of the Realm and to make it be believed that those persons who were condemned and executed for this Conspiracy were innocent and had wrong done them by him Now for that matter that which we have to offer for her is this Mr. Dugdale and Mrs. Price were fellow servants in my Lord Aston's Family and there they did contract a more than ordinary familiarity for in truth they did contract a marriage and Mr. Dugdale did promise her marriage but afterwards Mr. Dugdale having some other design did desert her and she came to London and lived here but afterwards when he came up to London he thought fit to renew his suit and did not only send for her when he first came to London but we have it in proof that from time to time he had continually sent for her and would not be quiet without her and when she denied to come upon his sending in his own name he sent in another womans name whom he knew to be an acquaintance of hers and thus there continued all along a great intimacy between them insomuch that several persons and amongst them one of the Kings Witnesses did observe they were speaking about marrying and did think they did intend to be married in a short time my Lord what discourse might pass between them I don't know for ought I perceive she is proved to be a Papist and 't is very like she would sollicite one with whom she had that familiarity for those of her own party as much as she could but as far as I perceive by this evidence that hath been given he under colour of kindness and pretence that he would marry her and sending for her from time to time at last ro rid his hands of her hath put this upon her That she should sollicite to suborn him against his Conscience to withdraw his Evidence she is a kind of weak Solicitrix for matter of judgment and reason I know not what other prevalency she might have with him by any other thing but for judgment I think L. C. I. If she penn'd that her self as she did acknowledg and avow she did she was a woman of good judgment certainly Mr. Saunders I perceive he was of good judgment to get rid of one he was weary of by this means Mr. Just. Pemberton Alas alas this is such a design indeed of counterproving the Kings Evidence Mr. Saunders Mr. Dugdale hath sworn That this was her Intrigue and she first began with him if Mrs. Price be admitted to swear who is the Defendant as well as Mr. Dugdale who is the prosecutor she would tell you that Mr. Dugdale did contrive this matter himself Mr. Just. Pemberton She would destroy his Evidence that way that is very well Mr. Just. Dolben Dr. Chamberlain and his Clerks both swear that he told her You know it was not I begun this Intrigue but you Mr. Saunders And if she had had but so much wit to have planted witnesses to have taken advantage of his words she had counter-worked him Mr. Iust. Pemberton They will learn such ways soon enough of themselves you need not teach them Mr. Saunders If you please we will go on with our Evidence and call witnesses to prove that Mr. Dugdale had contracted himself to her in marriage and this is a very unkind ill thing in him to serve us thus Mr. Iust. Pemberton Mr. Saunders you ought to remember publica privatis c. A man should prefer the publick good and safety of the Nation before such a mistress as this is Mr. Iust. Dolben But hitherto the proof runs that she sought him and not he her Mr. Saunders But they were contracted first Mr. Iust. Dolben And you hear what the master of the Horseshoe says about her leaving messages for him Mr. Iust. Pemberton He hath very good reason why he should not marry her for what I can perceive L. C. I. 'T is much they should be contracted when she told him he was a great Rogue Mr. Saunders It may be she might I know not what cause he hath now to be displeased with her but it may be she might be displeased with him then But I beseech your Lordship and the Jury to observe that though she did tell him he was a Rogue yet it was afterwards that she did solicite and suborn him Mr. Iust. Pemberton And therefore she thought plainly he was fitter for her purpose because she took him for a Rogue Mr. Saunders But if she had a purpose to suborn him she would not call him Rogue to his face that was not the way to insinuate into him I desire Sir Iohn Nicholas may be sworn which was done L. C. I. What questions do you ask Sir Iohn Mr. Saunders I desire my Lord Sir Iohn would tell us whether Mr. Dugdale in his hearing did not own he was contracted to Mrs. Price Sir Iohn Nicholas No truly sir that I know of Mr. Saunders Pray sir will you please to recollect it it was when Mr. Dugdale was before the Council Sir Iohn Nicholas Mr. Dugdale did then own some proposalsof marriage but nothing of a Contract L. C. I. 'T is your women-witnesses are like to do that Mr. Saunders That is all Sir you remember Sir Iohn Nicholas Yes Mr. Iust. Pemb. Have you put the best foot forwards Mr. Saunders Mr. Saunders Which is Mary Benwell swear Mary Benwell which was done We will now prove he sent for us several times We did not go after him so much What do you know concerning Mr. Dugdales sending for Mrs. Price Benwell He sent for her to my house several times L. C. I. Did he lye at your house Benwell No my Lord he did not L. C. I. Where is your house Benwell In Browklow-street L. C. I. What is it a publick house Benwell It is an Alehouse the Green-Lettice Mr. Iust. Dolben He told you so himself that he did meet her at the Green-Lettice L. C. I. What was their discourse when they met Benwell I know nothing of that I did not hear him say any thing but only he would come in and say Let your boy go for Mrs. Price L. C. I. When was this Benwell The last time was Sunday
me by Dr. Chamberlaine Dr. Chamberlain My Lord I received the paper from Mr. Dugdale my Lord and gave him order to transcribe it L. Ch. I. And that is a true Copy of the paper you had from Dr. Chamberlaine Mr. Cleave Yes my Lord it is L. Ch. I. Mr. Dugdale did you deliver that very Note that Mrs. Price delivered to you to Dr. Chamberlaine Mr. Dugdale Yes I did and received it back again from him L. Ch. I. And you Copied it out from that Note Dr. Chamberlain had Mr. Cleave Yes I did L. Ch. I. What is your name Sir Mr. Cleave Cleave L. Ch. I. Read the Note which was read as in the Indictment Mr. I. Pemberton Was this a Copy of the Note delivered to you that you were to Sign Mr. Dugdale Yes my Lord it is a true Copy And if I may not be too troublesome there is one thing more which comes into my mind that passed betwixt Mrs. Price and me she was instructing me how I should be conveyed beyond sea and she mentioned the way of the Pacquet-Boat that comes from Dover and goes every Tuesday or Wednesday I made a shew as if I was willing to do it but the next time she came said she We have thought it not to be so safe as to go into a Merchant● Ship which was the way we sent all our Priests over L. Ch. I. When was this Mr. Dugdale My Lord it was before the Duke came home the second time it was while he was in Flanders And being desirous to know I pressed her to tell me what became of Mr. Ewers my Ghostly Father in the Countrey it was a longtime e're she would tell me but at last she told me that he was conveyed over in those Yachts that carried the Duke of York the first time over into Flanders Mr. Att. Gen. Then swear Wright which was done Mr. Dugdale is this the man that you mentioned concerning the discourse about Harcourt Mr. Dugdale He hearkned as he told me afterwards but I did not then know it L. Ch. I. Well what say you were you present at any discourse between Mr. Dugdale and Mrs. Price before Harcourt's Tryal Mr. Wright My Lord I was walking to and fro in the room Mrs. Price that Gentlewoman was talking with Mr. Dugdale at the window and I was very inquisitive I did think it was upon the account of marriage or some such busine●s and so hearkning I did hear her say that Father Harcourt had been very kind to her and that she had visited him before he went to Execution and he bid her not be troubled he dyed in a good Cause and upon this account I asked Mr. Dugdale afterwards what her design was and he said it was to withdraw his Evidence L. Ch. I. How often were you in the company of Mrs. Price and Mr. Dugd●●e never but that one time Mr. Wright Yes a dozen times I believe I have been with them L. Ch. I. When was the first time that you heard them talk concerning Harcourt they were always very private were they not Mr. Wright Yes L. Ch. I. Well what did you hear the first time Mr. Wright It was at the Horsesh●●e Tavern in Chancery-Lane and then the great matter that she did desire of him was to be kind to Harcourt for he had been her Confessor but afterwards I remember when he was condemned she said she had been with him and he had bid her be of good chear for he dyed in a good cause L. Ch. I. Was this the time that you were at the Horsesh●oe● Tavern Mr. Wright The first time I heard no discourse of Harcourt then L. Ch. I. When was this and what said she when she spoke of Father Harcourt the first time Mr. Wright It was to desire him to be kind to Father Harcourt because he was her Confessor They spoke so softly I could hardly hear them L. Ch. I. Well how do you know then Mr. Wright I asked him when he came out what it was and he said it was to take off his Evidence against Harcourt and afterwards she said she had been to visit him L. Ch. I. What more did she say at that time Mr. Wright I could not hear any more my Lord. L. Ch. I. Then all that you did hear was she said to him pray be kind to Mr. Harcourt for he is my Confessor and to that effect was all their whispering that you heard Mr. Wright That is all I did hear her say at that time Mr. I. Pemberton But what did you hear Mr. Dugdale say at that time Mr. Wright He said it was upon the account of taking off his Evidence L. Ch. I. Well what did you hear her say afterwards Mr. Wright After she was saying she had been with him L. Ch. I. How long after Mr. Wright I do not know I cannot say to the time for I never minded it they ●ent for me some times at their pleasure but she said she had been to visit Father Harcourt who took her in his Arms and said do not cry for me for I dye in a good Cause And this I told Mr. Dugdale of again and ●he did further say if the King should command me to be burnt at a stake I would do it and so would any of the party Then said Mr. Dugdale while you give these kind expressions yet you would cut off his head if you could said she you are a Rogue and I am satisfied L. Ch. I. What was it before the time that she said pray be kind to Harcourt Mr. Ser. Maynard We call this Witness only in Confirmation of Dugdales testimony L. Ch. I. But Brother here is the matter He says at the time that she told Dugdale he was a Rogue and she was satisfied afterwards she came to tamper with him to do Harcourt a kindness Mr. Wright She said many times there were not four greater Rogues between this and Hell gate than the King's Evidence L. Chief Iust. What was it before she talked of Harcourt Mr. Wright Yes a great while L. Ch I. That is the thing that she should say he was a great Rogue and yet afterwards tamper with him Mr. Ser. Maynard There was some love betwixt them and they did keep company together Mr. Sol. Gen. This is before she began to tamper with Mr. Dugdale but that we call this Witness to prove is that she did afterwards tamper with him as Mr. Dugdale tells you L. Ch. I. And the thing I say is would she go to tamper with one she had that Opinion of 'T is not impossible to be so but it is not likely Mr. Sol. Gen. It is not impossible nor improbable at all with submission who should she tamper with but a Rogue or one that ●he thought would be so Mr. Iust. Pemberton She thought as all the other Catholicks did and did desire to withdraw him from his Evidence against them Mr. I. Dolben And notwithstanding that she called him Rogue yet still