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lord_n	john_n	sir_n	william_n	220,632	5	9.5376	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

I Do Appoint ROBERT PAWLETT to Print the Tryal of Iohn Tasborough and Ann Price Aud let no other presume to Print the same WILLIAM SCROGGS THE Tryal and Conviction OF IOHN TASBOROVGH and ANN PRICE FOR SUBORNATION OF PERJURY In Endeavouring to perswade M r. 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. LONDON Printed for Robert Pawlett at the Bible in Chancery-Lane near Fleet-Street 1679 80. THE TRYAL and CONVICTION OF IOHN TASBOROVGH and ANNE PRICE c. In Hillary-Term Feb. 3. 1679. This day John Tasborough and Anne Price who were the last Term Indicted for the Offence in the Indictment hereafter recited and found Guilty by the Grand Iury of the County of Middlesex were brought to a Tryal at the Bar of the Court of Kings-Bench which proceeded thus FIrst Proclamation was made for Information in usual form Then the Defendants were called and appearing were by the Clerk of the Crown advised to look to their Challenges Then the Jurors that were summoned to try the Cause being called and appearing the Twelve that were sworn were these Persons following Jur. Thomas Harriot Thomas Iohnson Charles Vmphrevile Thomas Earsby Richard Pagett Iohn Greene Edward Wilford Richard Bull Ioseph Radcliffe Richard Cooper Iames Supple George Read Clerk of Cr. Gentlemen of the Jury you that are sworn hearken to the Record The Defendants Iohn Tasborough and Anne Price stand Indicted by the Oaths of Twelve honest and lawful men of the County of Middlesex which Indictment sets forth That whereas one Thomas White alias Whitebread William Harcourt Iohn Fenwick Iohn Gavan alias Gawen and Anthony Turner being Popish Recusants and false Traytors against our Soveraign Lord Charles the Second by the grace of God of England Scotland France and Ireland King Defender of the Faith c. the Thirteenth day of Iune in the year of the Reign of our Soveraign Lord the King that now is the thirty first at the Sessions of Oyer and Terminer and Goal-delivery then held in the Old-Bailey in the Parish of St. Sepulchers in the Ward of Faringdon without London for the City of London and County of Middlesex were lawfully Indicted for certain High Treasons in the said Indictment specifyed and afterwards were severally tryed by a ●ury of the said County and then and there were Attain●ed as appears by the Record thereof to the Jurors aforesaid in Evidence shewn And whereas also one Richard Langhorn Esque being a Popish Recusant the 14th day of Iune in the year of the Reign of our said Soveraign Lord the King that now is the 31th aforesaid at the Sessions of Oyer and Terminer then held by Adjournment at the Old-Bailey in the Parish and Ward aforesaid was lawfully Indicted for divers High-Treasons in the said Indictment specified and being afterwards Tryed by a Jury of the County was then and there thereof Attainted as appears by the Record thereof to the Jurors aforesaid in Evidence shew● And whereas one Stephen Dugdale upon the several Tryals of the Indictments aforesaid was a Witness produced and Sworn on behalf of our said Soveraign Lord the King that now is and then and there in lawful manner did give material Evidence against the said William Harcourt and the said several other Traytors to prove them guilty of the matters in the said Indictment specified the said Defendants Iohn Tasbrough and Anne Price the premises aforesaid well knowing and being persons devilishly affected towards our Soveraign Lord Charles the Second now King of England c. their Supream and Natural Lord and devising and with all their strength intending the Peace and Tranquillity of this Kingdom to disturb and to hinder and stifle the farther Discovery of the said Treasons and as much as in them lay the due course of Law to elude and the prosecution of Justice in that behalf to retard and obstruct as also to cause and procure that it should be believed that the persons aforesaid Attainted were unjustly Attainted the said Anne Price before the Tryal of the said William Harcourt to wit the 10th day of Iune in the year Reign of our said Soveraign Lord the King the 31th aforesaid at the Parish of St. Margaret Westminster in the County of Middle●ex with Force and Arms falsly unlawfully unjustly corruptly and against the duty of her Allegiance did sollicit suborn and endeavour to perswade the said Stephen Dugdale that he the aforesaid Stephen Dugdale should not be a Witness nor give Evidence against the said William Harcourt upon the Tryal of the said William Harcourt for the Treasons aforesaid And that the said Iohn Tasborough and Anne Price afterwards to wit the 12th day of October in the year of the Reign of our said Soveraign Lord the King that now is the 31th aforesaid at the Parish of St. Margaret Westminster aforesaid with Force and Arms falsly unlawfully unjustly advisedly corruptly and against the duty of their Allegiance did sollicit suborn and endeavour to perswade and either of them did then and there falsly unlawfully advisedly corruptly and against the duty of their Allegiance sollicit suborn and endeavour to perswade the said Stephen Dugdale that he the said Stephen Dugdale should retract and deny all the Evidence and Information which he the said Stephen Dugdale as aforesaid had given against the Traytors and Popish Recusants aforesaid the said Iohn Tasborough and Ann● Price then and there falsly unlawfully unjustly and advisedly corruptly promising and either of them promising to the said Stephen Dugdale great sums of Money and Rewards if he the said Stephen Dugdale would retract and deny all the Evidence and Information by the said Stephen Dugdale against the Traytors and Popish Recusants aforesaid as aforesaid given and would withdraw and absent himself the said Stephen Dugdale in places unknown and beyond the Sea And that the said Iohn Tasborough and Anne Price their wicked Devices Practices and Intentions aforesaid to fulfil and accomplish afterwards to wit the said 12th day of October in the year of the Reign of our said Soveraign Lord the King the 31th aforesaid at the Parish aforesaid in the County aforesaid by Force and Arms falsly unlawfully unjustly advisedly and corruptly and against the duty of their All●giance did produce and shew and each of them did then and there produce and shew to the said Stephen Dugdale a certain Note in Writing the Tenour of which Note follows in these English words following Being touched with a true Remorse of Conscience and hearty sorrow for the great Ill I did in coming in a Witness against the Catholicks and there speaking things which in my own Conscience I knew to be very far from the truth I think my self bound

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

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