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 â—ury of the said County and then and there were Attainâ—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 shewâ— 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 Middleâ—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 Annâ— 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 Allâ—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
came to Mr. Crosses the first thing after Saluâ—ation from my Journey she asked me if I had spoken to your Lordship about Mr. Parsons I told her no not as yet but I would go straight up to your Lordships â—ouâ—e and speak with you about it No said she you need not now do that for we have a greater Work in hand which Work was this She told me she was come from a great Person whom she did not then name to tell me that if I would retract my Evidence this was the short of it there were more particulars and go beyond Sea I should either be in the D. of York's Court or I should be supported by him L. C. I. Did she name the D. of York then Mr. Dugdale Not the first time she said she was come from a Great Person but named him not the second time she named him when I desired to know who the Great Person was L. C. Iust. But what said she the first time if you would râ—tract what then Mr. Dugdale I was to have a Thousand pounds paid into a Merchants hands to be secured for me till I came back to give Evidence for them I was to take the Plot off from the Catholicks and to lay it wholly upon the Protestants I was to swear against some persons as Mr. Tasborough told me that after I was got on Shipboard I was to do a great deal of more Service and come to swear against a great Person a Person of Considerable Note whom yet they did not name L. C. Iust. But before you depart from what Mrs. Price said to you make an end of her Discourse when she told you you should have a Thousand pounds deposited into what Merchants hand you thought fit Mr. Dugdale I think not that but into a Merchants Hand L. C. Iust. Well what should you do for it Mr. Dugdale I was to retract all my Evidence and to be no Witness against them but before I would much encourage this I went to my Lord â—hat was then President of the Council my Lord Shaftsâ—ury L. C. Iust. Who was by whâ—n this Disâ—oâ—â—â—e was was the third Person by you speak of Mr. Dugdale There was others by afterwards but there was no body but we tow together I think at that time But I went to that Noble Lord my Lord Shaftsbury and acquainted him and Mr. Hambden and Mr. Charlton with it For she threatned that all the King's Evidence would in a short time be hang'd and if I would come over to them it should all be turned upon the Protestants The Duke had a wise Council and had contrived it so that if I would come over to them there would not be a Papist that should suffer more but their Religion should be established in half a year and all the Witnesses brought to condign Punishment When I acquainted these persons I named with this communicated it to them they thought fit I should go on a little with her to trepan her to see what kind of Plot it was they were designing and I did give Encouragement but not so far as to set my Hand to any Paper But when it did come out the Contrivance they spoke of did prove Mr. Dangerfield's Plot as appeared afterwards So as I was saying I did encourage this to Mrs. Price to see what I could get out of her for I knew their Plots were dangerous and barbarous when I was amongst them but I never designed to prosecute them at any Bar but only to know the depth of their Contrivance And these Gentlemen thought it very fit I should have some Evidence to testifie for my Innocency if they should prosecute me And I did get two persons one Dr. Chamberlain and his Clerk who were to be in a private place to over hear what was the Communication between us and when I had placed them I asked Mrs. Price whether I first began the Tampering or She she answered she did and I reckoned up all the Heads of our former Treaties though not the Particulars L. C. I. When did Mr. Tasborough first appear in this Matter Mr. Dugdale My Lord he never appeared but twice and it was about the 12 th of October I think the first time We appointed to meet at the Green Lettice that was with Mrs. Price for I never saw the Face of Mr. Tasâ—orough before that time and from thence we adjourned to the Pheasant in Fuller's Rents L. Chief Iust. There was the first time you met with Mr. Tasâ—orough you say Mr. Dugdale Yes my Lord. L. C. I. What Discourse had you with him when you first met him Mr. Dugdale My Lord when we came there Mr. Tasborough was at first pleased to open the Business to me that Mrs. Price had acquainted him that I would come over to them I sate a good while and said nothing and when I did speak I did rather give Encouragement than speak against it Lord Chief Iustice. What did he tell you Mr. Dugdale He said he was brought there to confirm what Mrs. Price had promised me Lord Chief Iustice. Did he say so Mr Dugdale Yes because I would not take it upon her word alone but desired to have some other sufficient Person and she told me he was an honest sufficient Gentleman and I might conâ—ide in him and he said what she had promised should be certainly made good and that he came likewise from the D. of York as he said to confirm those Promises had been made me of his Encouragement and Protection Lord Chief Iustice. Did he express particularly of what should be made good Mr. Dugdale My Lord in general Lord Chief Iustice. Did he mention the money that was to be paid into the Merchants Hands Mr. Dugdale In general words only all would be made good Lord Chief Iustice. Then he did not say the Money but what had been said to you by her should be made good Mr. Dugdale We had some particulars mentioned but I cannot positively remember which Mr. Attorney General I desire my Lord the Jury â—ay take notice of this that what she had promised was 〈◊〉 would retract his Evidence Mr. Iustice Dolben Did he intimate that Mr. Dugdale The second time when he came Lord Chief Justice But before you come to the second time let us make an end of the first Repeat what he told you when he came to you You say he said I am informed by this Gentlewoman that you intend to come over to us what then Mr. Dugdale He told me a great many things for my Encouragement if I did come that it was a very charitable Act and it was nothing but what was acted like a Christian and if I had done amiss I might have pardon for it and he did say he was encouraged by more than the D. of York that had taken my matter into Consideration Lord Chief Justice What was it in General Words Mr. Dugdale It was if I would come over and retract what Evidence I
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
sevennight before she was taken Mr. Recorder She always came when she was sent for Benwell Yes if she was within Mr. Saunders How often did he send for her Benwell Above twenty times L. C. I. What great inference can you make from that methinks 't is as much against you as it is for you for it proves there was a great familiarity and frequent meetings between them and if it be so it shews as if she had that great confidence in him as to attempt upon and attack him in this affair Mr. Justice Pemberton Indeed Mr. Saunders if you would have proved an Inducement to Mr. Dugdales Evidence you could not have proved it better that she had a great Confidence in him she had an opinion and reckoned he was sure to her and so had a greater influence over him than another Mr. Justice Iones He sent for her to the Green Lettice she sent for him to the Horse-shoe the Master of the house sweareth that she sent for him Twenty times so they might send for one another Twenty times a piece Mr. Justice Dolben And he never came to seek for her but when she had been there and left word for him before Mr. Saunders Now my Lord if you please we will go on to prove That when she refused to come he sent for her in another bodys name L C. I. What will that do or what does that prove Mr. Saunders It is not probable then that she should sollicit him And just at the last here are some Witnesses planted and some words are taken from her mouth that it was her Intrigue all along Mr. Justice Pemberton Mr. Saunders you do not shew the time when those frequent sendings and comings were L. C. I. It shews that which they have proved that she believed he was fond of her and she was confident of him Mr. Justice Iones I suppose Mr. Saunders means and does drive at this to shew that it was to drive on the Intrigue on his part that these frequent Messages were sent Then another Woman Witness was called and sworn Witness My Lord at the time that the Proclamation was for the Banishing of all Papists out of Town she came to me and said If Mr. Dugdale come to ask for me don't offer to tell him where I am L. C. I. When was this Witness Long before Easter-Term before the Papists were Banished out of Town Mr. Just. Pemberton and Mr. Just. Iones This was another part of the Intrigue Witness So Mr. Dugdale came to me and asked me where Mrs. Price was I told him I could not tell but if you have any Letters I will convey them by a messenger or some Foot-boy to her Mr. Justice Iones Did he send for her at any time in September Witness The last time he sent for her was the Sunday was sev'night before she was taken L. C. I. Did he frequently send for her a month or six weeks before that Witness Yes several times Mr. Saunders Then swear Bridget Lee which was done Mr. Saunders Pray Mistress you that spoke last did Mistriâ— â—rice ever deny her self to him but that once when she left that word with you Witness Never to me my Lord but that time Mr. Saunders Bridget Lee pray tell my Lord whether Mistris Price did deny her self and the way he used to get her to him Lee. Mr. Dugdale came into this Gentlewomans house and coming into the House I was in the passage he asked me Sweetheart let me speak with you he desired me to tell him where Mistris Price was I told him I could not tell I wish said he you would fetch her to me No said I I would not do it for five Shillings He clapped his hand in his Pocket and said he I will give you five Shillings No said I I will not do it if you would give me five Pound let every Tub stand upon its own bottom L. C. I. What did you mean by those words Let every Tub stand upon its own bottom Lee. I would not meddle nor make with any thing but my own Concerns L. C. I. How long was this before the Trial of Harcourt Lee. A quarter of a year before that Lord Chief Iust. It was before he went out of Town the Circuit Lee. Yes my Lord so it was Mr. Iustice Pemberton There had been no tampeâ—â— g then this was before the tampering L. C. I. It is no matter when the tampering was but when Mr. Dugdale sent for her and she refuâ—ed Mr. Saunders I wonder what they did together all the time before if they were not tampering L. C. I. They made Love together Mr. Saunders What was the occasion that she refused Witness I understand that Mr. Dugdale did find I was fearful of my self You may venture said he for I would not do her the least wrong nor the least hair of her head shou d not perish L. C. I. This was long before he went into the Country Witness Yes my Lord. L. C. I. Before the tampering Witness Yes my Lord. Mr. Saunders Where is that other Witness Mrs. Holland who was Sworn What do you know of M. Dugdales tending for Mâ—â— Price I would know the last time and where it was Holland My Lord I do not know what place it was he sent for her to nor the last time but it was since Christmass L. C. I. Since Christmass Holland No before Christmass I do not remember the day L. C. I. How do you know that he sent for her Holland I was told by the People so That a Messenger was come from him for her L. C. I. You did not see him Holland No I did not L. C. I. She sayes nothing to the purpose Holland I know Mâ— Dugdale was in her Company one Sunday last Lent and was there two houres Mr. Iustice Iones 'T is agreed of all sides they were Acquaintance and had great familiarity Mr. Iustice Pemberton Ay or she would never have had the confidence to have attempted upon him in this manner L. C. I. Well Have you any more Mr. Saunders Here is one more that is Mrs. Sheldon L. C. I. What do you call her for Mr. Saunders To prove that there was a Note left to warne her to avoid Mr. Dugdales Company Mr. Iustice Pemberton Why did you not Mr. Saunders It had been better for us if we had L. C. I. When was that Note Mr. Saunders Lately L. C. I. That will do no good Mr. Iustice Pemberton Come call her however they will say Their Witnesses were not heard else And she was called but did not appear L. C. I. Come she is not here Mr. Saunders Then my Lord we offer this as Evidence That we had no Design to Suborne him to Retract what he had said the occasion of our being with him we have given you an Accompt of Mr. Iustice Pemberton Why did you Write your Note then L. C. I. Mr. Saunders What you have said amounts to nothing to avoid the
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'â— 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 Souâ—â—well haâ—h Sworn That she being Examined at the Council-Board the Loâ—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 Thâ— 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 Câ—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 Mâ—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 affâ—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 Confâ—ssâ—on at the Council which I think will not be very much neither as I shall shew when I come to that parâ—icular Mr. Dugdale sayes that at the first meeting the â—â— th of October at the Green Lettice in Fullers Rents Mâ— Tasborough did say unto him That Mrs. Price had told him Mr. Dugdale would Reâ—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. Pollâ—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 Confirâ—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 amisâ— 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 Mrâ— 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. â— 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 Mâ—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 Mâ— 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 Qâ—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 heâ—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. Aâ—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
You and not from Mâ— And this was confessed by her So that you have in Confirmation of Mr. Dugdale the Testimony both of Dr. Chamberlaine and of his Servant to that part of the Charge against her And withall 't is added not only that he was to go beyond-Sea to retract what Evidence he had given but likewise it was thought expedient he should come over again and swear against all the rest of the Evidence that had been given or should be given for the KING And when it was said by Mr. Dugdale What will it avail you if I do Retract my Evidence There is Mr. Oates and Mr. Prance to testify the same thing She said No matter for that If we get you on our side for the Catholick-Cause to be our Friend we shall be sure to baâ—â—le all they can say or do And we shall not only save the Catholicks but turn the Plot upon the Head of the 〈◊〉 and all the KING's Witnâ—sses shall be Hangâ—d That you may remember was testifyed by some of the Witnesses Mrs. Price deals frequently with Mr. Dugdale to this purpose Dugdale that he might know and 〈◊〉 very like with that honest Intention and no other he did it and that he might discover the Bottom of the Business tells her This is a thing of dangerous Consequence and it is fit that I have better Security than your Promise of this Thousand Pound I will have some Substantial Person that shall come and confirm what you promise And thereupon she tells him He should have a Substantial Person brought and he should have Thanks from very great Persons naming the Duke of York For he it was as they said that would take care to Protect him and procure a Pardon for him Now Gentlemen this is the Evidence against Mrs. Price In Defence of this What does she oâ—â—en but that she hath been acquainted with Mr. Dugdale and there hath been great Familiarity between them If there had not been such a Familiarity would there have been such an Intrigue Is this a Matter to be Communicated to a Stranger If there were a Doubt before whether there were this Contrivance Does not this give us a better Assurance that it was so because there was such an Acquaintance between them Then as to Mr. Tasborough He indeed is not in the Beginning of the Designe at all There is no Evidence against him for that Part of the Charge That he should Absent himself and not give Evidence against Harcourt He comes not in at that Time Nor can I perceive by Mr. Dugdale that he had any Acquaintance with him at all till the Twelfth of October And he sayes he was but twice in his Company Now Gentlemen What does Mr. Tasborough do First Dugdale is told by Mrs. Price That a Man of QUALITY should come to him and confirm all the Promises she had made him Tasborough does come to him and tells him He hath had some discourse with Mrs. Price what she had proposed and he is now come to make good and confirm That all shall be effected that she had proposed to him Ay! but it is supposed that Mr. Tasborough is a very Honest Man and a Conscientious Man and does come for nothing in the World but to perswade Mr. Dugdale to do the Office of a Christian It was a Charitable thing of him to take off the Scandal that was upon the Innocent But you do not hear him charge it upon Mr. Dugdale's Conscience that he had given a false Evidence against any of those Persons nor urge him much to Repent But he must begone He must give no more Evidence against the Catholicks And What if he do comply with this Desire Then he tells him he shall have a Reward What Reward A thousand Pound which was made known before and Protection and Pardon and Security And he comes to him in the Duke of York's Name to inforce it the more strongly upon him and make him do it Whereas indeed the Duke of York as he himself and Mrs. Price have since confessed never knew any thing at all of the Business Now Gentlemen to move by honest Christian means any one that hath done an injury of any sort to Repentance and Contrition and Recantation that is a very good thing but to do it with promise of a Reward of a Thousand Pound cannot be justified what way is there to insinuate into any Person an intention of doing a Mischief but such a way as this Will any one come to another and say forswear your self whereas you know such a thing to be true swear it to be false or retract the Evidence you have given about it and I will give you a Thousand Pound No but serve the Catholick Cause a great many have suffered and by your Testimony retract be gone be secure you shall have a certainty that you shall be secure in another Kingdom or else you shall have it in a Protestant Family though neither that Protestant nor any Protestant was named Is not this a Bait to tempt a Man to all the Villany in the World If a Thousand Pound be offered who can resist Such People as these are will not easily resist such a Temptation But Mr. Tasborough is a very honest Man in his Life and Conversation he produceth those that tell you his Reputation is good and the like there is no doubt of it and if he had produced Twenty Witnesses do you think he would produce any one that should speak against himself He chooses out those certainly as would speak as much in his Favour as they can but if a Man hath been an honest Man in his Conversation may he not be inticed or seduced Especially when it will be told him if you do this you shall merit Heaven you shall be Sainted and Canonized you do the greatest service in the World to the Catholick Cause These Temptations may work upon a Man perhaps that is Morally honest when he is infatuated with this Principle that any thing may be done for the Catholick Cause as it is a Catholick Doctrine too often instill'd into them that any thing is become Sanctified when it tends to that end 't is easy then to prevail upon them in things of this Nature I should have told you which I omitted before one Circumstance concerning matter of proof against Mrs. Price more than Tasborough two Witnesses said they were in the Closet and heard a Woman discourse but neither of them did see her Face but afterwards it is proved by another that he was desired to observe who came into or went out of the House and he swears he saw Mr. Dugdale and her come out of the House that they went to the Gate-House and he saw her come again from the Gate-House with Mr. Dugdale and he is sure this is the Person And you remember that part of their discourse was of going to the Gate-House Mr. Iust. Pemberton They do not deny it neither Mr. Iust. Iones I don't see they do Mr. Iust. Pemberton 'T is a very strong and plain Evidence as can be given Mr. Iust. Iones There is nothing can be said for Mrs. Price little for Mr. Tasborough Mr. Iust. Pemberton I see nothing that can do him any good Mr. Iust. Dolben Come Gentlemen lay your Heads together and consider of the Matter Which the Jury did at the Bar. And being asked by the Clerk of the Crown VVhether they were agreed They answered Yes Cl. of Crown Who shall say for you Omnes Foreman Cl. of Crown Do you find the Defendants Guilty of the Trespass and Offence whereof they stand indicted or not Guilty Foreman Guilty Pollexfen As to part only for Mr. Tasborough Foreman Guilty of the Indictment Mr. Iust. Iones We all know he is not found Guilty of one part and that must be considered at the setting of the Fine Mr. Attorn Gen. Mr. Tasborough hath been upon Bail but I suppose he must not go upon Bail now we pray that he may be Committed Mr. Iust. Pemberton They must both be Committed take them both Mr. Saunders Mrs. Price is still in the Gate-House Mr. Iust. Pemberton We have her here now she is in our Custody Mr. Saunders If you please Sir we desire she may be remanded back Mr. Iust. Pemberton No they shall go both into the Marshals Custody Mrs. Price I beg of your Lordships I may go back to the Gate-House Mr. Iust. Pemberton What! these are not things to be trifled with Mr. Iust. Dolben No we must not shewâ— you any favour at all Mr. Iust. Pemberton No we must have no favour for you that would destroy us all Then the Prisoners were taken into Custody by the Marshal to be kept till their Iudgment FINIS Books lately Printed THe Tryal Conviction and Condemnation of Anthony Brommich and William Atkins for being Romish Priests before the Right Honourable the Lord Chief Iustice Scroggs at this last Summer-Assizes at Stafford held there for the County of Stafford where they received Sentence of Death accordingly Together with the Tryal of Charles Kern at Hereford-Assizes last for being also a Romish-Priest The Lord Chief Iustice Scroggs his Speech in the King's-Bench the first day of this Michaelmass-Term 1679. occasioned by the many Libellous Pamphlets which are published against Law to the Scandal of the Government and publick Iustice Together with what was declared at the same time on the same occasion in open Court by Mr. Iustice Jones and Mr. Iustice Dolben The Tryal and Conviction of Thomas Knox and John Lane for a Conspiracy to 〈◊〉 and Scandalize Dr. Oates and Mr. Bedloe thereby to discredit their Evidence about the Horrid Popish-Plot The whole Duty of Man is now Printed in â—ignificant Latine for the use of Schools Sold by Robert Pawlet at the Bible in Chancery-Lane near Fleet-Street