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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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was this before Harcourt's tryal Dr. Chamb. I don't know that my Lord it was in September Mr. Iust. Pemb. But the tryal was long before that soon after Trinity Term. Mr. Sol. Gen. Pray what did Mr. Dugdale say to her when she pressed him to be gone did he not make any Objection Dr. Chamb. ●ossibly he might I did not hear all that was said Mr. Cleave I was there the 22 th of September L. Chief Iust. In the Closset with Dr. Chamberlain Mr. Cleave Yes my Lord. L. Chief Iust. Had you ever seen Mrs. Price Mr. Cleave No never in my life as I know of L. Chief Iust. What did you hear then Mr. Cleave Before that Mrs. Pri●e came We shut up our selves in the Closset and desired Mr. Dugdale to make a feigned discourse to see whether we could hear him and he did so and we heard indifferently well We bid him to speak a little loud that we might be sure to hear him We staid there almost half an hour before she came Afterwards she came up and Mr. Dugdale saluted her by the name of Mrs. Price to which she answered He asked her When shall I go to the Spanish Ambassadors This I heard distinctly for I could see her body but not her face she stood with her back to the door 'T is not convenient at present said the to go for his Interpreter is out of Town Then Mrs. Price was saying If so be you will come over to the Church of Rome and take off your Evidence you shall have 1000 l. secured to you but how said he Said she I will bring to you in a weeks time a person of Quality that shall secure and confirm it to you Dr. Chamberlain That I heard too Mr. Cleave That will be well said Mr. Dugdale I had rather do that way than any other Said she you shall have the Duke of York's protection and a pardon not only for your body but for your soul. Mr. Serj. Maynard A large proffer Mr. Cleave And afterwards said he if I should come over again to the Church what ●igni●ies my going out of the way when there is Dr. Oates and others to go on with the Evidence Said she We do not care so much for them for the Dukes eye is only upon you Mr. Just. Pemberton Did you hear that Dr. Chamberlaine Dr. Chamberlain No my Lord the Duke was named indeed but I do not remember that particular And she several times desired him to speak softly and then Mr. Dugdale was so honest that he repeated it over again that if we had not heard him before we might understand him L C. I. Now prove this Gentlewoman to be the person Mr. Cleave She afterwards pressed him to go with her to the Gate-house which he seemed unwilling to but went and we have a man here that stood below the stairs that saw her come in and go out Mr. Serj. Maynard Call Holmes who was sworn What can you say about this Mrs. Price L. C. I. Do you know Mrs. Price Holmes Yes that is the woman Mr. Belwood Did you see her at Dr. Chamberlains Holmes I saw her at Mr. Dugdale's that morning that my Master was there L. C. I. What time do you speak of Holmes The 22 d of September I went along with my Master L. C. I. Who is your Master Holmes Dr. Chamberlain L. C. I. What day of the week was it Holmes On a Monday morning between eight and nine a clock Mr. Just. Dolben That is the same time you speak of is it not Dr. Chamberlain and Mr. Cleave Yes my Lord he went along with us Holmes This is the woman that came down with Mr. Dugdale I took great notice of her and know her very well again there were some words spoke in the shop but I don't know what they were L. C. I. Dr. Chamberlain she went out of the chamber with him did she not Dr. Chamberlain Yes my Lord she did L. C. I. How often have you seen her Holmes I saw her go into the house come out with Mr. Dugdale to go to the Gatehouse and when they came back again from Westminster from the Gatehouse L. C. I. How often have you seen her besides you took notice of her when she came down stairs and when she came back again Holmes Yes L. C. I. And this is the woman upon your Oath Holmes Yes upon my Oath Mr. Just. Pemberton She came down with Dugdale and would have him go along with her to the Gatehouse Mr. At. Gen. My Lord we say that Mr. Dugdale did acquaint Mr. Hambden and Mr. Charlton and my Lord of Shaftsbury with the business we desire Mr. Hambden and Mr. Charlton may be called who promised to be here but they appeared not Mr. At. Gen. Then my Lord here are the Clerks of the Council they will all give your Lordship an account that this woman and the Gentleman did acknowledg this matter before the Council and there did deny what they had sworn at first L. C. I. Who do you swear first Mr. At. Gen. Sir Robert Southwell Which was done L. C. I. Come Sir Robert what do you know Sir Robert Southwell My Lord she this Gentlewoman Mrs. Price was about the 23 d of October examined before the Council and being examined we were commanded to take notes the several Clerks of the Council and we did take notes which were long and my Lord I must refer to those Notes Mr. Just. Pemberton Have you those Notes Sir Robert Southwell Yes 'T is hard for me to give my evidence unless some particular question be asked me because they are very long Mr. At. Gen. Then I ask you sir this particular question whether that Gentlewoman did acknowledg the paper she is charged with Sir Robert Southwell My Lord I do remember Mrs. Price when she was asked who it was that framed the paper for her because it seemed to the Lords as if it had been a thing so very well framed that it was beyond a womans capacity to do it Mrs. Price said that she studied it her self and indicted it her self and one Mrs. Man as I think writ it out for her but she took it upon her self that she had studied it that particular word and contrived it Mr. At. Gen. What did Mr. Tasbrough say Sir Robert Southwell My Lord I do also remember that Mr. Tasborough was cited before the Council-board and being asked about this paper L. C. I. Was it shewn him Sir Robert Southwell I verily believe it was It was read to him Mr. Tasborough did speak very cautiously and as prudently as he could in the matter He did not positively say he had pressed Mr. Dugdale to sign it but did tell Mr. Dugdale That unless he did sign it he could not proceed to get him any favour for that was to be the foundation to testifie that he was a man of that sorrow that he had expressed himself to Mrs. Price L. C. I. Did he own
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
say so to Mrs. Price but never to him Mr. Just. Pemberton You see then what he would have this Note signed for to strengthen the Catholick Cause Mr. Thompson my Lord Will you please to spare me one word for Mr. Tasborough I confess the Evidence does seem by Mr. Dugdale to press us very hard and particularly upon that matter of the money but as Mrs. Price had managed the business Mr. Tasborough might have been very innocent But My Lord we must make that defence for our selves that we can in a Case of this Nature and therefore it will be I hope no reflection to say We must counterprove Mr. Dugdale and disprove him as far as we can to acquit our selves My Lord it is a very great Crime that we are here charged with and the Crime being so hainous ought to be well proved and with unquestionable Evidence Mr. Tasborough if he be Guilty of what he is here accused of is a very ill man but men are not drawn up to great degrees of illness so soon as at the first act to attempt such hainous Offences And 't is not probable that at his first slip he should be Guilty of a fault of so high a Nature and so very ill as this is My Lord We shall call some persons that shall make it appear to your Lordship that after Mrs. Price had given us information of this repentance of Mr. Dugdale's We did make application to a Person of very great Honour no less than my Lord Privy Seal that Mr. Dugdale might receive the discouragement which it was fitting he should in such a matter My Lord we must call our Witnesses to prove Mr. Tasborough to be a man of a very good reputation that he never did any such thing before and I hope We shall give your Lordship such an account of him that the Jury will have reason to believe That Mr. Tasborough is not so Guilty as he is represented but was drawn into this matter what ever it is Pray call a Witness to shew that Mr. Tasborough acquainted any Lord of the Privy Council Then my Lord Chief Justice went off the Bench to sit on Writts of Error in the Exchequer Chamber Mr. Justice Pemberton If Mr. Tasborough be draw in 't is by Mrs. Price but not by Mr. Dugdale Mr. Thompson Is my Lord Privy Seal in Court Mr. Just. Iones You know he is not here Mr. Just. Pemberton You toss great names about and make great noise with them when you know they are not he●e Mr. Thompson If he had not fallen ill sure he would have been here What say you Mr. Tasborough Tasbourough My Lord I was to attend my Lord Privy Seal yesterday and desired him to do me the honour to be here to day because I was to come to my Tryal He told me he had business that would hinder him from coming but said he if the Attorney-General will informe himself of me I am ready to testify that you gave me Information first of Mr. Dugdales Recantation before it came before the Council Mr. Just. Pemberton We will do your Client this Right Mr. Thompson as to ask whether my Lord Privy Seal was at the Council and said so much then Mr. Scroggs He was not that day but we acquainted my Lord Privy Seal before that but Sir Robert Southwel does him this right as to say that he did declare if Mr. Dugdale had signed that Note he would have gone with it immediately to a Magistrate Mr. Just. Pemberton How does that appear he said so Sir Ro. Southwel My Lord he did further say after he had said that he would have carried it to a Magistrate in that Case he did say he had been once or twice with my Lord Privy Seal Mr. Just. Pemberton Ay he did say so but there was no Evidence but his Allegation Mr. Just. Iones Was my Lord Privy Seal at Council at that time Sir Ro. Southwell No I think not my Lord. Mr. Scroggs T is a very strange thing we should be so forward to promise for Mrs. Price if we had not thought Mr. Dugdale real Mr. Just. Pemberton 'T is a sign you had a great inclination to the thing Well call your Witnesses Mr. Thompson Call Sir Richard Ashfield and Alderman Barker Mr. Just. Dolben 'T is a fine thing this to make a long brief with to no purpose Mr. Scroggs We have a swingeing brief here indeed Mr. Just. Dolben Ay you come with a great Brief but no Witnesses Mr. Thompson If we do not call the Witnesses named in our Brief our Client will take it ill if they do not appear we can't help it Mr. Just. Pemberton You have forgot what you moved the Court about Tempest Mr. Just. Dolben But we have not forgotten that about 10 dayes ago you moved to put off this Tryal because Mr. Tempest was your material Witness and being asked what he could prove you said it was how you were brought acquainted with Mr. Dugdale but because the Court did not think fit to put off the Tryal Mr. Attorney did say he would see if he had been examined and what he had deposed and report it to us and afterwards did so and did consent here that at the Tryal you should make Use of his Examination if you pleased but we do not see that you make any Use at all of it Mr. Thompson We that are of Councel must make Use of our Clients witnesses as we have them in our Brief Mr. Serj. Maynard We desire they should call their Witnesses and not name Names Mr. Scroggs We desire that Examination may be read Mr. A●t Gen. Produce it then Mr. Thompson We have it not Mr. Recorder And we for the King do not use it as Evidence Mr. Att. Gen. Come if it be here you shall have it read tho I believe Mr. Tempest swears little to your purpose for as I take it he saies he does not know Mr. Dugdale at all Mr. Just. Dolben But I told you that Mr. Tasborough puts you upon trifles Mr. Just. Pemberton But whatsoever they put you upon you should not trifle with us Mr. Thompson Do you desire they should be read Mr. Attorney Mr. Just. Pemberton We can't read them without the consent of both parties Do you consent to them first for whom they are produced Mr. Tasborough I only desire to know by them how I came acquainted with Mrs. Price Mr. Just. Dolben Well you hear what Mr. Attorney saies is in them will you have them read Mr. Scroggs 'T is to no purpose then if that be all Mr. Serj. Maynard I desire to speak but a few words and I am bound to speak them Mr. Just. Iones Brother they have more Witnesses Mr. Pollexfen These we shall now call are to this purpose to prove Mr. Tasborough's reputation that he is a very honest man Mr. Just. Dolben I don't see but that he may be a fair conditioned man in all other things Mr. Just. Pemberton Look you
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