destroy our religion, I would to God I could say the Plot was at an end. For I must say, some of you, I fear, had too great an hand in it and what a sort of monsters were prevailed upon to compass the same, by you that are priests and jesuits, who have wrought them up to such a belief, that murder in this world is a certain way to saintship in that which is to come. And though you seem to deny it, your practices are a proof of it beyond all contradiction, which is the reason that this law, which was a good law at the time of the making, and thought fit to be put in execution then, though it hath slept some time since, should now be put in execution against you, who have occasioned all those mischiefs to this nation in these latter times, which occasioned the making of the law. And one thing more I should say to that man, who pretends to merit by the good services he hath done for the public, that he should injoin a man to scour his kettle, as he calls it, to receive the Sacrament, and then give him a dispensation to be drunk, and make another so, to promote a damnable design, is such a power of priesthood, fit only for the Pope and his imps to put in practice. But say no more, in charity I am bound to compassionate your condition, which with all my soul I do, and heartily can say to you, I am sorry to see you in that misery. It was in your own power to have prevented it; but seeing you have made yourselves obnoxious to the law, the only thing required of me, is to pronounce the sentence that the law hath decreed and therefore in the name of the Court I do pronounce this to be your Judgment Starkey. Mr. Recorder, give me leave to speak one word; if any one should have held to me that position, That it is lawful to depose and murder kings, I would have killed him in the place: tell the king, Mr. Recorder, I say so. Anderson. It is my comfort, that no one of common sense can believe it. Marshal. May I ask one question, Mr. Recorder, before you pronounce sentence? Mr. Recorder. No, Mr. Marshal, you cannot speak now; but this is your Judgment, and the Court does award it: That you the several prisoners now at the bar, be conveyed from hence to the place from whence you came; and that you, and every of you, be conveyed from thence on hurdles to the place of execution, where every one of you are to be severally hanged by the neck; that you be severally cut down alive; that your privy-members be cut off, your bowels taken out and be burnt in your view; that your heads be severed from your bodies; that your bodies be divided into four quarters, which are to be disposed at the king's pleasure: and the God of infinite mercy have mercy upon your souls. Parry. Te Deum laudamus; Te Dominum 'confitemur.' Then the prisoners were carried away, and the Court adjourned the Sessions. 260. The Trial of JOHN TASBOROUGH and ANNE PRICE, at the King's-Bench, for Subornation of Perjury: 32 CHARLES II. A. D. 1680. 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, Thomas Harriot, Thomas Johnson, Charles Umphervile, Thomas Earsby, Richard Pagett, John Greene, Edward Wilford, Richard Bull, Joseph Radcliffe, Richard Cooper, James Supple, George Read. Cl. of Cr. Gentlemen of the jury, you that are sworn, hearken to the record. The defendants John Tasborough and Anne Price, stand indicted by the oaths of 12 honest and lawful men of the county of Middlesex; which indictment sets forth, reign of our sovereign lord the king that now is the 31st, at the sessions of Oyer and Terminer, and Gaol-delivery, then held in the OldBailey, in the parish of St. Sepulchres, in the ward of Farringdon-without, London, for the city of London and county of Middlesex, were lawfully indicted for certain high-treasons, in the said indictment specified; and afterwards were severally tried by a jury of the said county, and then and there were attainted, as appears by the record thereof to the jurors aforesaid in evidence shewn, And whereas also one Richard Langhorn, esq. being a Popish recusant, the 14th day of June, in the year of the reign of our said sovereign lord the king that now is the 31st 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 tried "That whereas one Thomas White, alias Whitebread, William Harcourt, John Fenwick, John Gavan, alias Gawen, and Anthony Tur-by a jury of the county, was then and there ner being popish recusants, and false traitors against our sovereign lord, Charles the second by the grace of God, of England, Scotland, France and Ireland king, defender of the faith &c. the 13th day of June, in the year of the VOL. VII. thereof attainted, as appears by the record thereof to the jurors aforesaid in evidence shewn. And whereas one Stephen Dugdale, upon the several trials of the indictments aforesaid, was a witness produced and sworn on be3 L : at the parish aforesaid in the county aforesaid half of our said sovereign 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 traitors, to prove them guilty of the matters in the said indictment specified: the said defendants, John Tasborough and Anne Price, the premises aforesaid well knowing, and being persons devilishly affected towards our sovereign lord Charles the second, now king of England, &c. their supreme and natural lord, and devising, and with all their strengh 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 trial of the said William Harcourt, to wit the 10th day of June, in the year of the reign of our said sovereign lord the king the 31st aforesaid, at the parish of St. Margaret Westminster, in the county of Middlesex, with force and arms, falsly, unlawfully, unjustly, corruptly, and against the duty of her allegiance, did solicit, suborn, and endeavour to persuade 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 trial of the said William Harcourt for the treasons aforesaid: and that the said John Tasborough and Anne Price, afterwards to wit, the 12th day of October, in the year of the reign of our said sovereign lord the king that now is, the 31st 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 solicit, suborn, and endeavour to persuade, and either of them did then and there, falsly, unlawfully, advisedly, corruptly, and against the duty of their allegiance, solicit, suborn, and endeavour to persuade 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 traitors and popish recusants aforesaid; the said John Tasborough and Anne Price then and there falsly, unlawfully, unjustly, and advisedly, corruptly promising, and either of them promising to the said Stephen Dugdale Rex versus Tasborough and Price for Subor 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 traitors 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 John 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 sovereign lord the king the 31st aforesaid, : ance. * The Latin indictment runs thus: nation of Perjury. Pascha, 32 Car. 2, B. R. Alias scilicet die, &c. ult' præterit' 'coram Domino Rege apud Westm', per 'sacramen' 12 jur' probor' et legalium hominum 'com' præd' jurat' et onerat' existen' ad inqui rend' pro dicto Dom' Rege et corpore com præd, præsent' existit, quod cum quidam Tho' White, alias Whitebread, Clericus, Johannes Fenwick Clericus, Willielmus Barcourt, alias Harrison Clericus, Johannes 'Gavan Clericus, Anthonius Turner Clericus, To this Indictment they have pleaded Not | Guilty, and for their trial have put themselves upon the country, and the king's attorney likewise, which country you are: your charge is to et Jacobus Corker, falsi prodítor' contra sere'nissimum Dominum nostrum Carolum secun'dum, Dei gratia Angl', &c. 13 die Junii, anno regni dicti Domini regis nunc 31 ad deliberation' gaol' dicti Domini Regis de Newgate, teint' per adjournament' pro' com' præd' apud Justice-Hall in le Old Bailey, in suburbiis civitatis London, corain justic' ad gaol' præd' adtunc et ibidem deliberand' assign', steterunt indictat' pro compassation' (Anglice the compassing) mortis et finalis destruction' dicti Domini Regis, et al' altis proditionibus in • eodem indictamento specificat' posteaque ad 'session' præd' præd' T. W. alias, &c. J. F. W. H. alias, &c. J. G. et A. T. per jurat' patriæ adtunc et ibidem debito modo inde triat' et convict' fuer', et per judic' cur' ad'tunc et ibidem debito modo attinct' fuer', 'prout patet per record' inde juratoribus præd' ' in eviden' ostens': Cumque etiam quidam enquire, whether the defendants, or either of them, be Guilty of the trespass and offence whereof they stand indicted, or Not Guilty: if you find them or either of them Guilty, you 'suæ debit' solicitabant, subornabant, et conat❜ fuer' persuader', et uterque eor' adtunc et ibidem solicitabat, subornabat, et conat' fuit persuadere præfat' Stephanum Dugdale, quod ipse præfat S. D. non foret testis, nec daret evidenc' versus præfat' W. Harcourt, alias, • &c. super triation' ipsius W. H. alias, &c. pro proditionibus præd', Et quod præd' J. T. et A. P. post triation' præd' scilicet 14 die Octobr', anno, &c. nunc 31 supradicto, apud præd' paroch' sancti Andree Holbourn in com' Midd', falso, illicite, injuste, advisate, 'contra ligeanc' suæ, debit' solicitabant, subornabant, et conati fuer' persuadere, et uturque eor' adtunc et ibidem, falso, illicite, advisate, corrupte, et contra ligeanc' suæ debitum solicitabat, subornabat, et conat' fuit persuadere præd' Stephanum Dugdale, quod ipse præd' Stephanus Dugdale retraheret et denegaret totam evidenc', quas ipse præd' S. D. ut præfertur, dedisset contra præd' proditor' eisdem J. T. et A. P. adtunc et ibidem falso, illicite, injuste, advisate, corrupte promitten' et uter que eor' promitten' præd' S. D. magn' et ingent' denar' sum' et mercedes, si ipse præd S. D. retraheret et denegaret totam evidenc' per ipsum S. D. versus præd' proditor', ut præfertur, dat', et seipsum S. D. in locis incognit' et transmarin' retraheret et absentaret. Et, quod prædi J. T. et A. P. ad nequissimas machination', practication', et inten'tion' suas præd' perimplend' et pro perficiend', postea scilicet 14 die Octobr', anno, ' &c. 31. suprad', apud paroch' santi Andreæ Holbourn præd' in dicto com' Midd', falso, illicite, injuste, advisate, et corrupte contra ligeanciar' suar' debit', produxer' et ostender', 'et uturque adtunc et ibidem produxit et ostendit præfat' S. D. quandam notam in scriptis, tenor cujus quidem notæ sequitur in his Anglican' verbis sequen', videlicet, "Being "touched with a true remorse of conscience, Ricardus Langhorn Ar' postea scilicet ad de' liberation' gaol' dicti Domini Regis tent' per 'adjornament' pro civitat' London' apud Justice-Hall præd', coram justiciar ad gaol' præd' adtunc et ibidem deliberand' assign', 14. die Junii, anno regni dicti Dom' Regis 'nunc 31. suprad' legitimo modo stetit indictat' pro compassatione (Anglice compassing) mortis et final' destruction' dicti Domini Regis, et al' altis proditionibus in eodem in<dictamento specificat'; posteaque superinde • ad eandem session' triat' per jur' patriæ, et ⚫ adtunc et ibidem per judic' cur' adtinct' fuit, 'prout patet per record' inde juratorib' præd' similit' in evidenc' ostens'. Cumque etiam quidam Stephanus Dugdale super separal' 'triation' indictament' præd' fuit testis product' et jurat' ex parte dicti Domini Regis nunc, et adtunc et ibidem legitimo modo material' ⚫ evidenc' versus præd' T. W. W. H. J. G. A. T. et R. L. dedit ad proband' ipsos culpabil' de materia in præd' indictamento specificat', quidam Johannes Tasburgh, nuper de, &c. Gen'," and hearty sorry for the great ill I did, in alias dict' J. Tisburgh de, &c. Gen', et Anna "coming in a witness against the Catholics, Price de, &c. Spinster præmissa præd' satis "and there speaking things which in my own 'scien' et existen' person' diabolice affectat' "conscience I know to be very far from the erga serenissimum Dom' nostrum Carolum "truth, I think myself bound in duty both to ⚫ secundum nunc Regem Angl', &c. supremum "God and man, and for the safety of my own ' et naturalem Dominun suum, ac machinant' "soul, to make a true declaration how I was et tot' virib' suis intenden' pacem et commu"drawn into this wicked action: but being very nem tranquillitat' hujus regni Angl', pertur"well satisfied that I shall create myself many bare, impedire, et supprimere (Anglice to "powerful enemies upon this account, I have 'stifle) ulteriorem divulgationem (Anglice dis- "retired myself to a place of safety, where I covery) dictar' prodition', et, quantum in ipsis" will with my own hand discover the great fuit, debitum legis cursum eludere, nec non wrong, that hath been done the Catholics, and causare et procurare quod credit' foret, quod "hope it may gain belief. And likewise I pro'person' sic ut præfertur attinct', minus juste "test before Almighty God, that I have no 'attinct' fuissent, præd' J. T. et A. P. ante tria- "motive to induce me to this confession, but a 'tion' præd' W. H. scilicet præd' 13 die Junii," true repentance for the mischiefs I have done, anno, &c. nunc 31. suprad', apud paroch" and hope Almighty God will forgive me.' 'sancti Andreæ Holbourn in com' Midd', falso, 'Quodque præd' J. T. et A. P. postea scilicet illicite, injuste, corrupte, et contra ligeanc'dicto 14 die Octob', anno, &c. nunc 31 su are to say so; if you find them Not Guilty, you are, to say so, and no more, and hear your evidence. Crier, make an O Yes. Crier. O Yes! If any one will give evidence on behalf of our sovereign lord the king, against the defendants John Tasborough and Anne Price, let them come forth and they shall be heard. these particulars: 1. An attempt to prevent the evidence before it was given. And 2. When it was given, and the traitors were convicted and condemned, then to disgrace that evidence, and the proceedings at law that hath been against the traitors; and this in favour of the Catholics. 3. The means they used to persuade him, which was by corrupt promises and engagements to him. And, 4. That they had prepared a note which hath been read to the should publicly own to the world that he had swore a lie and that the Catholics had received great injury by him, and that he had withdrawn himself to make this discovery: and this is the substance of the charge upon these persons. This practice, my lord, is not new, it bath appeared here in several other instances we remember what Reading did, and we have not forgotten what Knox and Lane did; and this is the third cause of that kind that hath come before you. Our evidence will be this: we shall produce Mr. Dugdale, the Mr. Belwood. May it please your lordship, and you gentlemen of the jury, the defendants, John Tasborough and Anne Price, stand injury; whereby he that had swore the truth, dicted for subornation of perjury: and the indictment sets forth, that whereas Thomas Whitebread, William Harcourt, and others, were indicted, and that for treason, in conspiring the death of the king, and other treasons, and were legally tried, convicted, and attainted for the same; and that Richard Langhorn was likewise indicted and attainted for the same offence: and that upon these trials Mr. Dugdale was produced and examined as a witness for the king, and did depose materially against the said traitors: and the defendants knowing this, and contriving and design-person against whom this design was laid, and ing to stifle the discovery of the treasons afore. said, did before the trial of the said Harcourt solicit, suborn, and endeavour to persuade the said Mr. Dugdale not to be a witness, nor to give evidence upon the trial: and after the trial, did farther solicit him to retract and deny all the evidence he had given on that behalf, and promised him large rewards and great sums of money for it and to accomplish this, they did incite him to withdraw and retire himself, and produced a note which he was to sign, and which hath been read to you, wherein he was to acknowledge that he was in an error, and had sworn falsly, and therefore had retired himself; and for this they promised him great rewards: and this offence is laid to be done falsly, advisedly, corruptly, and against the duty of their allegiance. To this the defendants have pleaded Not Guilty; if we shall prove the fact upon them, we hope you will find it. Serj. Maynard. My lord, and you the gentlemen of the jury, I am of counsel in this cause against the defendants. For the fact that is laid in the indictment, it consists of prad', ad paroch' sancti Andreæ Holbourn præd' in com' Midd' præd', false, illicite, injuste, advisate, corrupte, et contra ligeanc' suar' debitum, præfat' Stephanum Dugdale ad præd' notam in script', sic ut præfertur, eidem S. D. product' et ostens' signare et subscribere solicitabant' et persuadere conat' 'fuer' et uterque eor' adtunc et ibidem solicitabat et persuadere conat' fuit, et adtunc et ' ibidem falso, illicite, injuste, advisate, corrupte promiser', et uterque eor' adtunc et ibidem promissit, quod si ipse præd' S. D. præd' notam in script' signaret et subscriberet, quod tunc ipse præd' S. D. maga' et in gent' denar' sum' haberet et reciperet, in maTum et pernitiosum exemplum omn' al' in tali casu delinquen', ac contra pacem dicti Do'mini Regis, coron', et dignitat' suas, &c.' be can testify all this matter. Now he was but a single person against these two templers; and your lordship remembers what was said in the like case, two might convince one; and therefore he thought it safe to acquaint, and be did acquaint persons of public concern and authority with this attempt upon him; and he did not only this, but they met several times about it at the tavern, and there we shall prove what they did. Part of this bath been confessed, for this hath had another examination in another place and the gentlewoman hath confessed, that she did offer him sums of money; for it we will call our witnesses. We shall not now aggravate the fault, that will come after the evidence given; but I think it is hellish enough if it be proved. : Attorney General (sir Creswel Levinz.) My lord, this case is of the same nature with those that Mr. Serjeant hath mentioned of Reading, and Knox and Lane; but it goes somewhat further: For this must be done in writing, and subscribed by the party, to be produced upon occasion, to defame all the evidence that had been given before: And the substance of the note is to recant all that he had said, and aver it to be false; and so all that have died upon that account, must have been supposed to have died very unjustly. This was the design of the matter: and it was not only in this case that these persons had been endeavouring things of this nature; for we can prove, if it be necessary, by another witness, that this gentlewoman hath been tampering to persuade 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 ancient 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 fortify 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 it 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 duke of York, for he was the person named, though it 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 denied that it was true. We shall call our witnesses, and prove the fact as it hath been opened. Serj. Maynard. We will first prove the indictments that are recited, and call for the records of the convictions. L. C. J. (sir William Scroggs). Sure they will admit that. Serj. Maynard. We must offer our proof; if they will admit it, so. L. C. J. What say the counsel for the defendants? do you admit the indictments and convictions? Mr. Pollerfen. My lord, I cannot tell in this case; If we should not stand upon it that all the proofs be given, our client perhaps will take it ill. I pray therefore the evidence may be given according to law. L. C. J. Well, if you stand upon it, they must prove it. Produce the Records. Att. Gen. Give Mr. Clare his oath. [Who was sworn.] Serj. Maynard. Put in the copy, Sir. [Which was done.] Cl. of Cr. Come, Sir, is that a true copy? Clare. Yes; I examined it. L. C. J. Where? 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. J. Let them see it that are for the defendants. Justice Dolben. Don't read it all; if they have any exception to it, let them make it: Give it over to them. Mr. Pollexfen. Aye, my lord, let us see it. Pray, Sir, you say you examined this, is this a true copy-Mr. Clare. Yes, it is. L. C. J. Go on with the evidence. Justice Pemberton. 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. Att. Gen. He stands near enough. Serj. Maynard. He will be near enough you by and by, Mrs. Price. L. C. J. Come, Mr. Dugdale, what say you against Mrs. Price and Mr. Tasborough? 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 January was twelvemonth. L. C. J. Is she a papist? Dugdale. Yes, I think she is now: we used to go to mass together in the country. L. C. J. She was one, but is she? Dugdale. I suppose she is one; we had familiarity together, but never till June last did she endeavour to take off my evidence. L. C. J. When was it she first set upon you? Dugdale. She began to tamper first che night before Harcourt's trial. L. C. J. But she had been before with you in London? 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 persuading me to be out of the way, and not to give any evidence against Mr. Harcourt, because he was her ghostly father. L. C. J. Who was by? Dugdale. There was nobody by, but one that was an acquaintance of mine that heard her. L. C. J. What is his name? L C.J. Then you two and Wright were together? Dugdale. Yes, my lord. L. C. J. What said you to her when she made that offer to you? 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 could not do, because I should forswear myself; and I was sworn next morning. It continued two or three days, or a pretty while, before I saw her again. L. C. J. She was angry for a while with you, was she? Dugdale. She was afterwards well reconciled to me, and after she desired me that I would [Then also the Conviction of Langhorn in speak to your lordship, on behalf of one Mr. London, was read.] Parsons, a prisoner in the Gatehouse, that he might be bailed out; I told her I would; I know not whether I did or no certainly, I sup Justice Dolben. That is the Conviction at Newgate. Justice Pemberton. Well, go on with the rest pose I did speak to some of your lordship's servants; I do confess it was not done; but I now. |