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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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in duty both to God and Man and for the safety of my own Soul to make a true Declaration how I was drawn into this wicked Action But being very well satisfied that I shall create my self many powerful Enemies upon this account I have retired my self to a place of safety where I will with my own hand discover the great wrong that hath been done the Catholicks and hope it may gain belief And likewise I protest before Almighty God that I have no Motive to induce me to this Confession but a true Repentance for the Mischiefs I have done and hope God Almighty will forgive me And that the said Iohn Tasborough and Anne Price the day and year aforesaid in the Parish aforesaid in the County aforesaid with Force and Arms falsly unlawfully unjustly advisedly corruptly and against the duty of their Allegiance the said Stephen Dugdale the aforesaid Note in Writing so as aforesaid to the said Stephen Dugdale produced and shewn to signe and subscribe did sollicit and endeavour to perswade and each of them did sollicit and endeavour to perswade and then there falsly unlawfully unjustly advisedly and corruptly did promise and each of them did promise to the said Stephen Dugdale that if he the said Stephen Dugdale the aforesaid Note in Writing would signe and subscribe That then he the said Stephen Dugdale great and vast sums of Money should have and receive to the evil and pernicious example of all persons in the like case offending and against the Peace of our said Soveraign Lord the King his Crown and Dignity and against the duty of their Allegiance To this Indictment they have pleaded Not Guilty and for their Tryal have put themselves upon the Country and the Kings Attorney likewise which Country you are Your Charge is to enquire whether the Defendants or either of them be guilty of the Trespass and Offence whereof of they stand Indicted or not Guilty If you find them or either of them Guilty you are to say so if you find them not Guilty you are to say so and no more and hear your Evidenee Cryer make an O yes Cryer O yes If any one will give Evidence on behalf of our Soveraign Lord the King against the Defendants Iohn Tasbrough and Anne Price let them come forth and they shall be heard Then Roger Belwood Esq of Counsel for the King in this Cause opened the Indictment Mr. Belwood May it please your Lordship and you Gentlemen of the Jury The Defendants Iohn Tasborough and Anne Price stand Indicted for subornation of Perjury And the Indictment sets forth That whereas Thomas Whitebread William Harcourt and others were Indicted and that for Treason in Conspiring the Death of the King and other Treasons and were legally Tryed Convicted and Attainted for the same and that Richard Langhorn was likewise Indicted and Attainted for the same Offence And that upon these Tryals Mr. Dugdale was produced and examined as a Witness for the King and did depose materially against the said Traytors and the Defendants knowing this and contriving and designing to stifle the Discovery of the Treasons aforesaid did before the Tryal of the said Harcourt sollicit suborn and endeavour to perswade the said Mr. Dugdale not to be a Witness nor to give Evidence upon the Tryal And after the Tryal did farther sollicite him to retract and deny all the Evidence he had given on that behalf and promised him large Rewards and great Sums of Money for it and to accomplish this they did incite him to withdraw and retire himself and produced a Note which he was to sign and which hath been read to you wherein he was to acknowledge that he was in an Errour and had sworn falsely and therefore had retired himself and for this they promised him great Rewards And this Offence is laid to be done falsely advisedly corruptly and against the duty of their Allegiance To this the Defendants have pleaded Not Guilty if we shall prove the Fact upon them we hope you will find it Then Mr. Serjeant Maynard pursued the Charge Mr. Serj. Maynard My L d. and you the Gentlemen of the Jury I am of Counsel in this Cause against the Defendants For the Fact that is laid in the Indictment it consists of these particulars First an attempt to prevent the Evidence before it was given And Secondly when it was given and the Traytors were Convicted and Condemned then to disgrace that Evidence and the proceedings at Law that hath been against the Traytors and this in favour of the Catholiks Thirdly the means they used to perswade him which was by corrupt promises and engagements to him And Fourthly That they had prepared a Note which hath been read to the Jury whereby he that had swore the Truth should publickly own to the world that he had swore a Lye and that the Catholicks had received great injury by him and that he had withdrawn himself to make this Discovery and this is the substance of the Charge upon these persons This practice my Lord is not new it hath appeared here in several other instances We remember what Reading did and we have not forgotten what Knox and Lane did and this is the third Cause of that kind that hath come before you Our Evidence will be this we shall produce Mr. Dugdale the Person against whom this Design was laid and he can testifie all this matter Now he was but a single person against these two Tempters and your Lordship remembers what was said in the like Case two might convince one and therefore he thought it safe to acquaint and he did acquaint persons of Publick Concern and Authority with this Attempt upon him And he did not onely this but they met several times about it at the Tavern and there we shall prove what they did Part of this hath been confessed for this hath had another Examination in another place And the Gentlewoman hath confessed that she did offer him Sums of Money for it we will call our Witnesses We shall not now aggravate the fault that will come after the Evidence given but I think it is hellish enough if it be proved Then Mr. Atturney General proceeded to open the Evidence Mr. Att. Gen. My Lord This Case is of the same nature with those that Mr. Serjeant hath mentioned of Reading and Knox and Lane but it goes somewhat farther for this must be done in Writing and subscribed by the Partie to be produced upon occasion to defame all the Evidence that had been given before And the substance of the Note is to Recant all that he had said and aver it to be false and so all that have died upon that account must have been supposed to have died very unjustly This was the designe of the matter And it was not onely in this Case that these persons have been endeavouring things of this nature for we can prove if it be necessary by another Witness that this Gentlewoman hath been tampering to perswade
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