appointed Mr. Tasborough to come to confirm what she had said before which was the time that I saw him first Lord Chief Iust. When was that Mr. Dugdale The very day the Duke came from Flanders as I think Lord Chief Iust. Well then she talked to you of the Duke of York and going to Windsor before ever you saw Tasborough Mr. Dugdale Yes my Lord. Mr. Iust. Pemberton And so his Evidence was Lord Chief Iust. So then here is the matter that the Jury may understand the Evidence She solicited him first the day before Harcourt's Tryal Then the next was Three or Four dayes after the Tryal and then she endeavoured to perswade you to retract your Evidence and go beyond Sea Mr. Iust. Pemberton No my Lord that was only to get the man Bailed that was in the Gatehouse Lord Chief Iust. Did she not the Second time propose that Mr. Dugdale No my Lord not till I came forth out of the Countrey again L. Ch. I. Then you went into the Countrey before the great matter was spoken to Mr. Dugdale Yes my Lord. L. Ch. I. And then she left word at the house that she might know when you came and when she met with you she began to tamper with you and said you should have 1000 l. paid into some Merchants hand and be well lookâ—d upon and after that she said she would go down to the D. to Windsor Mr. I. Pemberton But at that time she told him he should have a place in the Dukes Court. L. Ch. I. Did she produce the Note the first time you saw Tasborough Mr. Dugdale Yes my Lord the Note was produced the first time L. Ch. I. And â—asborough read it Mr. Dugdale And said you might lawfully do it L. Ch. I. And said you might lawfully do it Mr. Dugdale Yes my Lord. L. Ch. I. When was the second time Mr. Dugd. It was within a few days after about 2 or 3 days L. Ch. I. You are not asked to a day was the Note produced a second time Mr. Dugdale Yes L. Ch. I. And then he was upon the same matter still when you swear the Note was produced the second time Mr. Dugdale Yes my Lord. L. Ch. I. And then said he this is the last time we must offer it to you if you do not do it now I can do you no good Mr. Dugdale Yes my Lord. L. Ch. I. But her discourse was before all this that she would go down to Windsor and get your pardon Mr. Dugdale Yes my Lord. Mr. I. Iones Before your acquaintance with Tasborough Mr. Dugdale Yes before ever I saw him Mr. I. Pemberton Tasborough was to confirm it Mr. Dugdale Yes for I made some scruples about it for they said before the Duke would believe me real I must subscribe the Note which I would not do without further assurance She promised a person of good sufficiency and quality should engage for the performance and one Mr. Perkins as she said was to be sent for and was sent for out of the Countrey and 3 l 10â— expended in sending for him And I said to Mrs. Price when a 1000 l was proposed Lord in heaven that is too much money a 100 l is enough to serve me said she we must have a care how we manage this matter for she told me the D. of York stood upon a Tickle point and if it should be known the Duke tampered with the Kings Witnesses it would ruin him but she said a 1000 l was prepared for me if I would go beyond Sea into Flanders where I should be maintained and protected But I objected my fear of the Inquisition in Spain which I knew to be so cruel a thnig therefore I would not go beyond sea Then she asked me if I would be contented with the Protection of a Protestant Earl's house L. Ch. I. Did she tell you his name Mr. Dugdale She asked me if I could not be content to be in a Protestant Earls house and not go beyond Sea but she named no body L. Ch. I. When you said you were unwilling to go beyond Sea for fear of the Inquisition she offered you the Protection of a Protestant Earls house and you desired to know who it was but she named no body Mr. I. Pemberton And you say when Mr. Tasborough came to you he told you if you would retract your Evidence all the promises that had been made you by her should be made good Mr. Dugdale Yes my Lord and without I would sign the Note the D. and the rest of the Gentlemen could not be serviceable to me Mr. I. Pemberton And he pressed you to do it before the D. went into Scotland Mr. Dugdale Yes my Lord. Mr. Belwood Pray Mr. Dugdale what discourse was between you and Mr. Tasborough concerning the Trial of Sir G. Wakeman Mr. Dugdale The last time the 2d time we were together L. Ch. I. Then you were but twice with Tasborough Mr. Dugdale No my Lord but that second time you may see says he what a progress hath been made by the acquitting of Sir Geo. Wakeman even that the Protestants themselves are at a stand about their belief whether there be a Plot or no and if you come over to us it will overthrow all L. Ch. I. Had he any discourse with you about the Spanish Embassador Mr. Dugdale My Lord I can't tell whether he had or no She had L. Ch. I. Did she say he would undertake the making good of the promises Mr. Dugdale Said I Mr. Price suppose I should come over to you what would it advantage you there is Mr. Oates and Mr. Bedloe and Mr. Prance when I am gone Said she hang them Rogues so as we do but get you over we do not care we can quickly do their business Mr. Sol. Gen. And he said this I observe by the way that if he came over all the King's Evidence should be hang'd and the Plot turned upon the Protestants Mr. I. Pemberton Yes he did say so that he was told by the Gentlewoman if he would come over the Plot should be turned upon the Protestants and the King's Evidence be hang'd Mr. Scroggs Mr. Tasborough did not say so Mr. Att. Gen. Is this a true Copy of the Note Mr. I. Pemberton But Mr. Tasborough perswaded him to sign the Note and Tasborough did say it was a good Act and confirmed and assured him that all should be made good to him that she had promised and desired him to do it before the D. went that he might be the abler to serve him with the Duke Mr. Att. Gen. Mr. Dugdale is this a true Copy of the Note Mr. Dugdale I have read it so often that I do believe it is a true Copy And here is the Doctor and his Clerk who will swear it was a true Copy examined with the Note Mr. Att. Gen. Swear Doctor Chamberlain and Cleave which was done with what did you examine that Copy Mr. Cleave By the Paper given
had given And he said what ever things had been promised me should be sure to be made good Then my Lord the second time we did adjourn till Tuesday following and then we met as I think at the Six Cans in Holbâ—râ— and it was prâ—tty late that time we met so Mr. Tasborough and Mrs. Price did tell me it was thâ— last time they were to come Lord Chief Justice What the second time of Taâ—borough's coming Mr. Dugdale Yes my Lord and they offered me this Note I had the Note before left with me to consider of it Lord Chief Justice Who had given you the Note Mr. Dugdale Mrs. Price gave me the Note Lord Chief Justice Did Mr. Tasborough leave you before the Note was given you For look you when he told you about retracting your Evidence and that this is nothing but what you may lawfully do 't is a Charitable Act. Mr. Dugdale That was the first time my Lord. Lord Chief Justice Did he produce the Note then Mr. Dugdale He and she together did Lord Chief Justice Who was it had it Mr. Dugdale Mrs. Price had it from me and produced it before Mr. Tasborough's Face Lord Chief Justice Did she give it to him to read Mr. Dugdale Mr. Tasborough did read it and reading it said this is nothing but what you may lawfully do there is no hurt in it Lord Chief Justice And then he went away and left you and Mrs. Price together what became of the Note Mr. Dugdale Then Mrs. Price after some importunity left the Note with me and I delâ—vered it to Doctor Chamberlain to copy out And Mr. Tasborough and Mrs. Price at the second meeting told me that was the last time of meeting and if I did not then sign it it would be much to my prejudice and that they should not be able to do any thing for my advantage if I did not sign it before the Duke went into Scotland He was then going and it should be much for my Benefit if I signed it first but Mr. Tasborough said he could do me no more Service except I did that Lord Chief Iustice. He said that that was the last time and if you would do it it would be for your Advantage Mr. Dugdale Yes my Lord. Lord Chief Iustice. What said you then did they prodâ—ce the Note again Mr. Dugdale My Lord the Note was delivered to Mrs. Price and she brought it thither for me to sign it and laid it upon the Table and pressed me to sign it Lord Chief Iustice. I thought you had said she had given you the Note Mr. Dugdale Yes but I gave it her again before we met the second time Lord Chief Iustice. And who produced it then Mr. Dugdale She again the second time But my Lord we have miss'd one thing about Mrs. Price When she was perswading me she made use of the D. of York's Name and said she would go down to Windsor to perswade the Duke that I should have my Pardon Accordingly she did go as I believe for she took Coach at Charing Cross and as she said did go to Windsâ—r and brought me word back again that the Duke did not seem to countenance it much for fear he should be drawn into a Praemunire himself and then she told me the Duke did wish her to acquaint the Spanish Embassador with it and she did go and acquaint him with it as she told me I asked her when I shouâ—d go to speak with the Embassador about it she told me that the Spanish Embâ—ssador could not speak English and it was not safe to trust an Interpreter that they did not know and so it was to be deferred a little longer but she said that he would protect me and that all that she said that the Duke had promised for my Reward and for my safe going beyond Sea he would be ready to do it and she told me that the Spanish Embassador would write Letters into Flanders And so they made use of the Duke of York's Name but I could never find by any thing nor can say though they made use of the Duke of York's name that he did countenance any such thing or ever knew of it Lord Ch. I. How long was this before the Duke went away Mr. Dugdale It was about the Twelfth or Fourteenth of October The Duke went the beginning of Novemb. from hence Lord Ch. Iust. Sir Thomas Doleman do you know when the King came to Town from Windsor Sir Thomas Doleman No I do not know Mr. Dugdale It was before the Duke went over into Flanders that the King was at Windsor For the King and the Duke of York came from Windsor and then the Duke went to Flanders again and then she went as she said to Windsor and came home either the day the Duke came from Windsor or the day after Lord Chief Iust. Her discourse when she went to Windsor was before the Duke went into Flanders Mr. Iust. Pemberton The second time you mean Mr. Dugdale Yes my Lord the second time For may it please your Lordship I do remember now that the day when the Duke of York came back again from Flanders I think it was the Twelfth of October that was the time that I saw Mr. Tasborough first and that was the time they produced the Note and I shall produce some Witnesses to prove that he had discourse with me then Lord Chief Iust. I would only know the time when she told you she went to Windsor to speak with the Duke of York Mr. Dugdale My Lord to the best of my remembrance and as I think it was the day before the King came from Windsor that she went down Mr. Iust. Pemberton He cannot swear to a day 't is hard to put him to that Lord Chief Iust. He is not asked to a day but we would be at some certainty about the time as near as we can Mr. Dugdale My Lord this I dare positively say she went down of a Tuesday and that was the day before the Duke of York came from Windsor Mr. Iust. Pemberton He does give us the time as near as possibly he can Mr. Att. Gen. Have you a Copy of the Note Mr. Dugdale Mr. Dugdale Yes my Lord I have Mr. Ser. Maynard Now we will prove that Note Mr. Att. Gen. For the Note it self your Lordship observes Mrs. Price had the Original back again but your Lordship hears Dr. Chamberlain took a Copy of it and he will prove it Then Doctor Chamberlain was Sworn Lord Chief I. Did she shew you the Note at the time that she went to the Duke to Windsor Mr. Dugdale The Note was produced when the Duke came from Flanders the day I think he came and that was in October Lord Chief I. When did Tasborough and she meet with you Mr. Dugdale When the D. of York came back from Flanders Lord Chief Iust. When was that Mr. Dugdale My Lord I think it was the Twelfth of October Mrs. Price had
the Witness says he thought there was matter of love between them Mr. Att. Gen. Then we will call you Crosse the man of the Tavern Mr. I. Pemberton It was about a matter that concerned the whole Catholick party and if you ask them they will call them all Rogues But afterwards they will begin to tamper one with one and another with another Mr. â—eâ—j Mayn And they take the same Method with evâ—ry one of them Mr. Iust. Iones But this is that that is said in confirmation of Dugdales Evidence that Dugdale did immediately aâ—ter tell him that her business was to get him to retract his Evidence Mr. Iust. Pemb. And he overheard so much that she desired of him to be kind to Harcourt who was her Ghostly Father Mr. Sol. Gen. Now my Lord as we have produced one witness to confirme one part of Mr. Dugdales Evidence now we shall produce another wittness to prove the Subsequent discourses and her perswasion of him to retract and to signe the Note And for that we call Dr. Chamberlain Mr. Attorn Gen. We will call Crosse first to prove the meetings at the Tavern he is the man of the Tavern who was Sworne L. Cheif Iust. Come ask your Question now Mr. Belwood Pray what can you say concerning Mrs Prices discourses with Mr. Dugdale L. Cheif Iust. Do you know Mrs. Price here Mr. Crosse. Yes I do know her very well L. Chief Iust. What say you then to her Mr. Crosse. I never heard any discourse from them but what was common Mr. Iust. Dolben But they have been often there only them two have they not Mr. Iust. Pemb. Did she ever come to your house Mr. Crosse. She hath been there several times Mr. Attorn Gen. I would ask you this Question Sir whether she used not to come there and send for Mr. Dugdale when he hath not been there Mr. Crosse. Yes she hath been there often to enquire for him Mr. Attorn Gen. What frequently Mr. Crosse. Yes a great many times Mr. Attorn Gen About what time of the year Mr. Crosse. Last Summer in Iune Iuly and several moneths L. Chief Iust. What say you to September and October Mr. Crosse. I can't say the particular moneths but she hath been there and desired me to send for Mr. Dugdale for she had earnest business with him Mr. Attorn Gen. Was it presently after he came to Town Mr. Crosse. My Lord she sent for him before he went out of Town and aâ—ter â—e came to Town before he went to the Assâ—zes and since he came from the Assizes Mr. Attorn Gen. Pray did you never hear them speak about a Priâ—st one Parsons Mrs. Crosse. I have heard somewhat about Mr. Parsons that Mrs. Price did speake to Mr. Dugdale that he should not proceed fâ—â—ther against him then he had done L. Chief Iust. Did you hear her talk about Harcourt Mr. Crosse. Yes I have heard her speak something but I do not know the particulars of it L. Chief Iust. But you have heard her name Harcourt's name Mr. Crosse. Yes I have L. Chief Iust. You do not pretend this man was by at the Agreement Mr. Attorn Gen. No we do not But only to prove they lâ—â—d frequent discourses together and that she sent for him oâ—ten about business L. Chief Iust. And 't is to the same purpose that the other was called for only in confirmation Mr. Sanders My Lord we pray he may be asked whether Mr. Dugdale did not sometimes send for Mrs. Price Mr. Crosse. Not upon his own Accompt as I know of for I have told you she hath been there and left word she must needs speak with him and when he hath come she hath been sent for Mr. Sanders Do you know she hath been sent for at any other time Mr. Crosse. Not that I know of But when he was in the Country she came to our house and desired that when ever he came to Town she might speak with him about earnest business and she was sent for Mr. Scroggs But he does not say 〈◊〉 thing of Mr. â—aâ—borough L. Chief Iust No. He came only to the 〈◊〉 〈◊〉 and that other place Mr. Attorn Gen. Noâ— my Loâ—d if your Lorâ—ship please Mr Dugdale did mention a matter that some persons were by direction to stand by and hear their diâ—course we have these persons here who will tell you how it was Dr. Chamberlain and his Clerk Dr. Chamberlain My Lord â—ome time in September Mr. Dugdale acquainted me that there was a design to draw him off from his Evidence and he told me that the Duke of York was named in it I said if it were so it were a thing of great moment and if it could be confirmed it were well â—e told me if I would come to his Chamber some morning Mrs. Price should be there and I should hear the discourse and accordingly I did come the 22 th or 23 th of September and was there about an hour and went into the Closset with my Clerk and bid Mr. Dugdale speak with an indifferent voice to see if I could heaâ— what they said He did so and we did hear him At length Mrs. Price came the Gentlewoman I had never seen but he called her by that name and she answered to it They had several discourses I could not overhear all but the sum was that the Spanish Embassador was unwilling to treat with him because it was dangerous and he must make use of an Interpreter and that the Duke of York would protect him pardon him and give him a thousand pound to maintain him You know says he Mrs. Price that I began not this intrigue with you but you proposed it to me She owned it that she had proposed it to him L. Chief Iust. Now how can you tell this is the Gentlevvoman Dr. Chamb. Nay I don't know that my Lord. Mr. Attorn Gen. We don't pretend that but will prove it by anotheâ— Witnesse by and by Dr. Chamb. It was about the 22 th or 23 th of September a Monday morning as I remember Mr. Iust. Iones Was Tasborough there Dr. Chamb. No my Lord none but them two L. Chief Iust. Well go on Sir Dr. Chamb. She did press Mr. Dugdale very much to go with her to the Gate house he would willingly have excused it but she pâ—essed him so earnestly telling him she would not go without him that they went together and he came up afterwards to me where I had staid all the time L. Chief Iust. Did you hear her say any thing what she would have him do for that thousand pound Dr. Chamb. I cannot tell truly any thing but only to be gone Mr. Iust. Pemb. You could hear that Dr. Chamb. Yes my Lord I did L. Chief Iust. Whither Dr. Chamb Nay I don't remember that Mr. Serj. Mayn This was before the Note my Lord. Dr. Chamb. Yes my Lord for that was brought me afterwards Mr. Recorder Call the other Witness Cleave L. Chief Iust. How
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. â—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. Priâ—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 â—igniâ—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
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
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
him to retract his Evidence against another person one Mr. Parsons a Priest in custody and to bring all about she did presume upon Mr. Dugdale's old acquaintance with her They had been Fellow-servants in my Lord Aston's Family and by that means were of antient acquaintance And she did presume upon these grounds that she could withdraw him from all his Evidence And we shall prove I think by another Witness which does fortifie this Testimony that both these persons have already acknowledged this Fact and that they personated great persons in it that is they pretended to come in the name of very great persons as you will hear when they had nothing to do in the thing They pretended to go to Windsor for pardon and assurances of protection and they have acknowledged it and 't is in proof that they were never near that person that is Mrs. Price did pretend she should go down to Windsor and speak with the D. of York for he was the person named though 't is acknowledged and was in proof by her Companion that she never came near him that is by Mrs. Harris of whom you will hear anon And Mr. Tasborough did pretend the same thing to Mr. Dugdale and did acknowledge it to the Council but denyed that it was true We shall call our Witnesses and prove the Fact as it hath been opened Mr. Seâ—j Maynard We will first prove the Indictments that are recited and call for the Records of the Convictions L. C. I. Sure they will admit that Mr. Serj. Maynard We must offer our Proof if they will admit it so L. C. I. What say the Counsel for the Defendants do you admit the Indictments and Convictions Mr. Pollexfen My Lord I cannot tell in this Case if we should not stand upon it that all the Proofs be given our Clyent perhaps will take it ill I pray therefore the Evidence may be given according to Law L. C. I. Well if you stand upon it they must prove it Produce the Records Mr. Att. Gen. Give Mr. Clare his Oath Who was sworn Mr. Serj. Maynard Put in the Copy Sir Which was done Cl. of the Crown Come Sir is that a true Copy Mr. Clare Yes I examined it L. C. I. Where Mr. Clare With Mr. Adderley the Clerk of the Peace of Middlesex And this other with Mr. Tanner Clerk of the Peace for London Then the Copy of the Record of the Conviction of Whitebread c. was begun to be read L. C. I. Let them see it that are for the Defendants Mr. Iust. Dolben Don't read it all if they have any Exception to it let them make it Give it over to them Mr. Pollexfen Ay my Lord let us see it Pray Sir you say you examined this is this a true Copy Mr. Clare Yes it is Then also the Conviction of Langhoâ—ne in London was read Mr. Iust. Dolben That is the Conviction at Newgate Mr. Iust. Peâ—b Well go on with the rest now L. C. I. Go on with the Evidence Mr. Iust. Pemb. Who do you begin with Who do you call first Mr. Belwood Mr. Dugdale my Lord. Who was sworn Price Stand nearer me Mr. Dugdale Mr. Attorney General He stands near enough Mr. Serg. Maynard He will be near enough you by and by Mrs. Price L. C. Iust. Come Mr. Dugdale what say you against Mrs. Price and Mr. Tasborough Mr. Dugdale My Lord Mrs. Price being an ancient Acquaintance of mine for she was my Fellow Servant at My Lord Aston's may it please your Lordship I coming to Town as a Witness for the King I did send for Mrs. Price as one of my ancient Acquaintance I think it was in Ianuary was twelve month L. C. Iust. Is she a Papist Mr. Dugdale Yes I think she is so now We used to go to Mass together in the Countrey L. C. Iust. She was one but is she Mr. Dugdale I suppose she is one we had Familiarity together but never till Iune last did she endeavour to take off my Evidence L. C I. When was it she first set upon you Mr. Dugdale She began to tamper first the Night before Harcourts Tryal L. C. I. But she had been before with you in London Mr. Dugdale Several times For I sent to her presently after I came to Town but that was the first time she offered to take off my Evidence And she was then perswading me to be out of the way and not to give any Evidence against Mr. Harcourt because he was her Ghostly Father L. C. I. Who was by Mr. Dugdale There was no body by but one that was an Acquaintance of mine that heard her L. C. I. What is his Name Mr. Dugdale Wright L. C. I. Then you two and Wright were together Mr. Dugdale Yes my Lord. L. C. I. What said you to her when she made that offer to you Mr. Dugdale I told her I could not do it for that I was to appear the next day and was to give my Evidence or I must be forsworn In any thing else I told her I would serve her but that I cou'd not do because I should forswear my self and I was sworn next morning It continued two or three days or a pretty while before I saw her again L. C. I. She was angry for a while with you was she Mr. Dugdale She was afterwards well reconciled to me and afterwards she desired me that I would speak to your Lordship on behalf of one Mr. Parsons a Prisoner in the Gate-houâ—e that he might be Bailed out I told her I would I know not whether I did or no certainly I suppose I did speak to some oâ— your Lordships Servants I do confess it was not done but I was to go into the Country into Stafford-shire and just as I was going to take Coach she sent a Messenger to me to speak with me before I went I said I could not stay to speak with her that morning but I would remember her Business when I came to Town again I supposed it to be this about Mr. Parsons I went into Stafford-shire and continued there about six or seven weeks I was there at the Assizes with your Lordship Now she had been several times at one Mr. Crosses where we usually met to enquire when I came to Town and did desire â—he might know when I came for â—he had important business to communicate to me I think this might be about the eleventh of September last my Lord. When I came to Town I came to Mr. Crosses that very Night and they told me of this That Mrs. Price had been there several times to request them that when ever I came she might have Notice I denied it that Night I am very weary said I and therefore would not have her sent for Within two or three days after I came there again and she was sent for I cannot tell whether by my direction or whether they sâ—nt for her of their own accord they can best testifie that When she
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
me by Dr. Chamberlaine Dr. Chamberlain My Lord I received the paper from Mr. Dugdale my Lord and gave him order to transcribe it L. Ch. I. And that is a true Copy of the paper you had from Dr. Chamberlaine Mr. Cleave Yes my Lord it is L. Ch. I. Mr. Dugdale did you deliver that very Note that Mrs. Price delivered to you to Dr. Chamberlaine Mr. Dugdale Yes I did and received it back again from him L. Ch. I. And you Copied it out from that Note Dr. Chamberlain had Mr. Cleave Yes I did L. Ch. I. What is your name Sir Mr. Cleave Cleave L. Ch. I. Read the Note which was read as in the Indictment Mr. I. Pemberton Was this a Copy of the Note delivered to you that you were to Sign Mr. Dugdale Yes my Lord it is a true Copy And if I may not be too troublesome there is one thing more which comes into my mind that passed betwixt Mrs. Price and me she was instructing me how I should be conveyed beyond sea and she mentioned the way of the Pacquet-Boat that comes from Dover and goes every Tuesday or Wednesday I made a shew as if I was willing to do it but the next time she came said she We have thought it not to be so safe as to go into a Merchantâ— Ship which was the way we sent all our Priests over L. Ch. I. When was this Mr. Dugdale My Lord it was before the Duke came home the second time it was while he was in Flanders And being desirous to know I pressed her to tell me what became of Mr. Ewers my Ghostly Father in the Countrey it was a longtime e're she would tell me but at last she told me that he was conveyed over in those Yachts that carried the Duke of York the first time over into Flanders Mr. Att. Gen. Then swear Wright which was done Mr. Dugdale is this the man that you mentioned concerning the discourse about Harcourt Mr. Dugdale He hearkned as he told me afterwards but I did not then know it L. Ch. I. Well what say you were you present at any discourse between Mr. Dugdale and Mrs. Price before Harcourt's Tryal Mr. Wright My Lord I was walking to and fro in the room Mrs. Price that Gentlewoman was talking with Mr. Dugdale at the window and I was very inquisitive I did think it was upon the account of marriage or some such busineâ—s and so hearkning I did hear her say that Father Harcourt had been very kind to her and that she had visited him before he went to Execution and he bid her not be troubled he dyed in a good Cause and upon this account I asked Mr. Dugdale afterwards what her design was and he said it was to withdraw his Evidence L. Ch. I. How often were you in the company of Mrs. Price and Mr. Dugdâ—â—e never but that one time Mr. Wright Yes a dozen times I believe I have been with them L. Ch. I. When was the first time that you heard them talk concerning Harcourt they were always very private were they not Mr. Wright Yes L. Ch. I. Well what did you hear the first time Mr. Wright It was at the Horseshâ—â—e Tavern in Chancery-Lane and then the great matter that she did desire of him was to be kind to Harcourt for he had been her Confessor but afterwards I remember when he was condemned she said she had been with him and he had bid her be of good chear for he dyed in a good cause L. Ch. I. Was this the time that you were at the Horseshâ—oeâ— Tavern Mr. Wright The first time I heard no discourse of Harcourt then L. Ch. I. When was this and what said she when she spoke of Father Harcourt the first time Mr. Wright It was to desire him to be kind to Father Harcourt because he was her Confessor They spoke so softly I could hardly hear them L. Ch. I. Well how do you know then Mr. Wright I asked him when he came out what it was and he said it was to take off his Evidence against Harcourt and afterwards she said she had been to visit him L. Ch. I. What more did she say at that time Mr. Wright I could not hear any more my Lord. L. Ch. I. Then all that you did hear was she said to him pray be kind to Mr. Harcourt for he is my Confessor and to that effect was all their whispering that you heard Mr. Wright That is all I did hear her say at that time Mr. I. Pemberton But what did you hear Mr. Dugdale say at that time Mr. Wright He said it was upon the account of taking off his Evidence L. Ch. I. Well what did you hear her say afterwards Mr. Wright After she was saying she had been with him L. Ch. I. How long after Mr. Wright I do not know I cannot say to the time for I never minded it they â—ent for me some times at their pleasure but she said she had been to visit Father Harcourt who took her in his Arms and said do not cry for me for I dye in a good Cause And this I told Mr. Dugdale of again and â—he did further say if the King should command me to be burnt at a stake I would do it and so would any of the party Then said Mr. Dugdale while you give these kind expressions yet you would cut off his head if you could said she you are a Rogue and I am satisfied L. Ch. I. What was it before the time that she said pray be kind to Harcourt Mr. Ser. Maynard We call this Witness only in Confirmation of Dugdales testimony L. Ch. I. But Brother here is the matter He says at the time that she told Dugdale he was a Rogue and she was satisfied afterwards she came to tamper with him to do Harcourt a kindness Mr. Wright She said many times there were not four greater Rogues between this and Hell gate than the King's Evidence L. Chief Iust. What was it before she talked of Harcourt Mr. Wright Yes a great while L. Ch I. That is the thing that she should say he was a great Rogue and yet afterwards tamper with him Mr. Ser. Maynard There was some love betwixt them and they did keep company together Mr. Sol. Gen. This is before she began to tamper with Mr. Dugdale but that we call this Witness to prove is that she did afterwards tamper with him as Mr. Dugdale tells you L. Ch. I. And the thing I say is would she go to tamper with one she had that Opinion of 'T is not impossible to be so but it is not likely Mr. Sol. Gen. It is not impossible nor improbable at all with submission who should she tamper with but a Rogue or one that â—he thought would be so Mr. Iust. Pemberton She thought as all the other Catholicks did and did desire to withdraw him from his Evidence against them Mr. I. Dolben And notwithstanding that she called him Rogue yet still
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
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