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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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Evidence that hath been given for the King for all your Testimony sayes little more then what he said at first That we were Fellow-Servants and well acquainted We made frequent Visits and when I came to Town I went to see her and she came to me they had no Discourse of this same matter of tampering till the day before Harcourt'● Tryal but Sir Robert Southwell does say She owned that she did study the Note which is the great business in the Case For if she prepared the Note for him to sign What can be said more Mr. Saunders We can say no more but that Mr. Dugdale might Dictate it L. C. I. No she owned she Dictated it and got Mrs. Man to Write it for her Mr. Saunders I do not know my Lord L. C. I. But you may know if you will for Sir Robert Sou●●well ha●h Sworn That she being Examined at the Council-Board the Lo●ds of the Council had so good an Opinion of the Skill of it that they Asked her Who framed it for her and she Answered She did it her Self Mr. Iustice Pemberton Mr. Saunders if you be not satisfied here is another of the Clerks of the Council Sir Iohn Nicholas All that Sir Robert Southwell hath said is true Sir Th● Doleman All that Sir Robert hath said I can Swear to every particular L. C. I. Well What say you M. Pollexfen Mr. Pollexfen My Lord if you please to spare me a World for the other Defendant Mr. Tasborough there is in the Indictment two things charged on the Defendants one that they should perswade Mr. Dugdale not to give Evidence against Harcourt for that there is no manner of Evidence against Mr. Tasborough but he ought to be found Not Guilty for that part L. C. I. That is true of that he must be Acquitted Mr. Pollexfen Then for the other part of the C●arge That they should endeavour to perswade Mr. Dugdale to Retract the Evidence he had formerly given for a Sum of Mony and other Rewards We do Reckon that as this Evidence stands before your Lordships whatsoever is proved against M●s. Price will have no influence upon Mr. Tasborough for although Dugdale and Price have had Practices and Designs amongst themselves unless he be a Party to them if he have not a part in them they will not aff●ct him Then the next thing is we must distinguish the Evidence as it stands or else it may not be by the Jury so well understood how they are differenced one from another for I would not mince the Evidence but let it stand as it is and how far Mr. Tasborough is concerned in it and how far may be done by him as an honest man in this matter or how far it is an illegal Act will be to be determined by you Now there is only two meetings that Mr. Dugdale hath had with Mr. Tasborough and in the next place there is no other Witness to prove it but Dugdale himself excepting only what Sir Robert Southwell sayes of the Conf●ss●on at the Council which I think will not be very much neither as I shall shew when I come to that par●icular Mr. Dugdale sayes that at the first meeting the ●● th of October at the Green Lettice in Fullers Rents M● Tasborough did say unto him That Mrs. Price had told him Mr. Dugdale would Re●ract his Evidence and he was come to Confirm what she had said L. C. I. Nay but what she had Promised Mr. Pollexfen Yes what she had promised And that he came from the Duke and that it was Charitably done of him to Retract he goes no further And that if he had done amiss he should be sorry for it This is the Evidence as near as I can remember to repeat it L. C. I. Part of it Mr. Pollexfen As to the First meeting Mr. Iust. Pemberton Look you do not mistake Mr. Poll●xfen but observe this For Mr. Dugdale does Swear he told him If you will Retract the Evidence you have given then all she hath promised shall be made good Mr. Pollexfen That he came to Confir●n what she had Promised I would Repeat it as right as I could because my Lord I hope as this Case stands that notwithstanding all that hath been proved yet Mr. Tasborough hath done nothing amis● Then I come to the Second meeting Mr. Iustice Pemberton At the first meeting the Note was produced L. C. I. No I think not Mr. Iustice Dolben Yes my Lord it was L. C. I. Was it Mr. Dugdale Mr. Dugdale Yes my Lord. Mr. Pollexfen Yes he does Swear so and that he Read it and press'd Mr. Dugdale to Sign it And that this was the last time and it must be done before the Duke went into Scotland or something to that purpose This my Lord under favour may all stand and be very true and yet Mr. Tasborough not Criminal with Submission for if so be Mr● Price were so far in her intercourse with M. Dugdale that as appears by his own Evidence he did seem to comply and Treat as if he were yielding and to do what they would have him do concerning his going beyond Seas or being kept in a Protestant Lords House and she had such Confidence as to tell him how the Priests were sent away and how he might be conveyed away All this thus far comes to agree with what Mr. Tasborough says for his own Defence For Mr. Tasborough says M. ● Price did tell me that Mr. Dugdale was sorry for what he had Sworn and would Retract all the Evidence he had formerly given Thus he says I 'll apply it to our Case anon and this appears by Mr. Dugdales own Evidence for when he does Repeat what Mr. Tasborough told him he says that he said Mrs. Price told him of it and he hath not told you that he did contradict it for false Mr. Iustice Pemberton Pray consider he tells you that Tasborough said that M●s. Price had acquainted him with what Propositions she had made of 1000 l. and that he was the man that was come to confirm the Promises She had made L. C. I. That presses you that is the truth of it If that had not been in the case perhaps you don't talk much out of the way 'T is true your Observation is right Mr. Iust. Pemberton 'T is ingenious indeed but 't will not hold our L. C. I. When Tasborough comes into the Company to be acquainted with Dugdale at that time M● Dugdale had been advised to comply or seem to do so to find out the Plot and Design and what he could get out by it And without Q●estion to pursue that end he did shew yieldingness and as you observe for ought Tasborough knew she might be sincere But was it a good way for him to tell him there is the matter in effect he does tell him so If you will Retract your Evidence according to this Note that was produced by her and read by him you shall have 1000 l. for
those that are in their dealings sometimes honest fair men yet when they come to be of that Religion there they are debauched and there they are brought to do as wicked things as can be in favour and to support that Religion Then Alderman Barker was Sworn Mr. Thompson Do you know Mr. Tasborough Mr. Barker Yes I have known him several years Mr. Thompson How long Mr. Barker Fourteen or Fifteen years Mr. Thompson How have you looked upon him Mr. Barker I have looked upon him as an honest peaceable man Mr. Just. Pemberton You have known him to be a Catholick Mr. Barker Yes that I have Mrs. Price May I beg the Favour of this Honourable Court that I may speak for my self here Mr. Just. Dolben Well come Mrs. what will you say But we must tell the Jury before-hand it signifies nothing for Evidence Mrs. Price I desire to speak the truth Mr. Just. Dolben But they must not believe a word you say Mr. Price Be pleased to give me leave to speak however Mr. Justice Iones Well go on Mrs. Price Sir Mr. Dugdale does here accuse me of suborning him to retract his Evidence I do protest 't is so far from it that he importuned me and solicited me to go to the Duke of York and he told me if I would go he would pay my Coach-hire Is it not so Mr. Dugdale Mr. Just. Pemberton You must not interrogate him Mr. Just. Dolben The very first thing you have said hath discredited all you would say for if Mr. Dugdale as you say had importuned you that you would do this thing for him how comes it to pass that afterwards you should promise him a reward of 1000 l. and bring a Gentleman to make it good Mrs. Price I assure you my Lord I never did Mr. Just. Dolben T is most apparent Tasborough does not deny that Mrs. Price But that which is the real truth that you say must not be believed Mr. Just. Pemberton Did he solicit you to draw your Note Mrs. Price Yes he did upon the word of a Christian. Mr. Just. Iones You did confess that you did study it and draw it your self Mrs. Price I did so but he importuned me to it Mr. Just. Pemberton How do you prove that Mrs. Price I desire to know by what words I took off his Evidence at Harcourt's Tryal Mr. Just. Dolben You desired him to be kind because he was your Confessor Mrs. Price I desire to ask him the question by what words it was Mr. Just. Iones Well you may ask him but 't is little to the purpose Can you remember the words or the effect of the words that she spoke to you in the behalf of Harcourt the night before his Tryal I think it was Mr. Dugdale Yes it was the night before to desire me I would not be an Evidence against him in regard he was her Ghostly Father Mrs. Price You know you came to me Mr. Dugdale and told me you rid Post to Town Mr. Just. Pemberton We must have no more of these interlocutory discourses Mr. Dugdale Mrs. Price I would not do you the least injury in the World Mr. Serj. Maynard Mr. Justice Iones I desire a word Mr. Just. Iones If you will produce any Witnesses do Mrs. Price I desire I may speak for my self Mr. Just. Dolben 'T is but reason she should speak for her self Mr. Just. Pemberton But I hope if she ask unreasonable Questions she is not to be heard Mrs. Price I only speak Truth Mr. Just. Dolben But we must not take your Evidence of it produce your Witnesses Mr. Just. Iones If you have any to prove what you say call them Mrs. Price Whether you will take my Evidence or not pray let me speak for my self Mr. Just. Dolben We cannot believe you nor must the Jury believe you I 'le tell you that before hand Mr. Iust. Pemberton We tell you you must not be heard If you have any questions to ask let your Councel propose them Mr. Iust. Dolben If you apply to Jury you are not to tell the matter of Fact but to prove it to them by Witnesses Mrs. Price I desire however I may be heard my self Mr. Iust. Iones If any thing hath been omitted by your Councel which is material for your defence and you have Witnesses to prove it they shall be called Mr. Iust. Pemberton Mrs. Price you must know the course of the Court and the way of Evidence is we are not to hear the Persons indicted make long Speeches to the Court or to the Jury or come with great confidence to deny the thing that is proved against them if you have any thing material to say we will hear you by your Councel you must not trouble us Mrs. Price My Lord I have matter enough to say but it can't be heard Mr. Saunders We desire Wright may be called again Mr. Iust. Iones To what purpose Mrs. Price To prove that you Mr. Dugdale would suborn him Mr. Dugdale Call him if you will if you can prove any practices upon me Mrs. Price You have good practices we know you are a man of excellent practices you had need commend your practices You know very well Mr. Dugdale that you told me you were perjured Mr. Recorder 'T is not Language fit for you to give Mr. Serj. Maynard Is that liberty of Speech fit to be given she tells Mr. Dugdale that he said himself he was perjured Mr. Iust. Pemberton You are an impudent woman to talk so Mr. Iust. Dolben Your mouth must be stopped if you can use your Tongue no better Mr. Iustice Iones What would you ask him when he does come Mrs. Price I have told my Councel Mr. Saunders She says she would ask him whether Mr. Dugdale did not offer him money to suborne him in this Case You are sworn already Sir are you not Mr. Wright Yes Mr. Saunders Then pray answer the Court this Question Did Mr. Dugdale at any time offer you any money to take an Oath or give Evidence Mr. Wright Offer me money Mr. Saunders Yes you Answer upon your Oath Mr. Wright No my Lord. Mr. Saunders Or any thing else did he offer Mr. Wright No my Lord He hath often sent to me to come and when I did come hath said I am glad you are come I 'le do you as great a kindness but he did not know of my coming because his Messengers had not met with me Mr. Saunders Did any one on his behalf offer you any thing Mr. Wright No I think not if it was I think it was in vain Mr. Saunders But did he or did he not Mr. Wright No. Mr. Recorder If Mrs. Price hath any more such Witnesses she may call them Mr. Serj. Maynard Sir under your favour here hath been a strange way of defence Consider what a Crime we are upon and in what times we are That there is a Plot of a very high and transcendent Nature under Question that divers Witnesses have been