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thing to be true that they had proved already. What had Mr. Tasborough to do, as if he were a judge of the proceedings of the court and witnesses? Nothing at all, under favour, but is a very ill man, and as such I hope shall be punished.

Justice Jones. Gentlemen, you of the jury; these two persons have been indicted for a very great offence. The indictment sets forth (that which we all know to be true) that Whitebread, and divers others, have been tried and condemned for a very execrable, hellish, Popish-Plot: That upon these indictments, Mr. Dugdale did give material evidence; but that, when some other of the conspirators were to be tried, and brought to punishment, these two persons did endeavour to make Mr. Dugdale absent himself, and retract his evidence. And not only so, when Harcourt was to be brought to his trial, (for whom it seems Mrs. Price had a parparticular kindness) but likewise it was endeavoured, he should be gone, and not give any further evidence at all, and he should have 1,000l. for a reward. This is the indictment.

The inducement to the indictment (that is, the trials of the conspirators) is a well known: And there have been copies of the records produced, which have been inspected and perused by the counsel on the defendants parts; and they cannot say, but that the records agree with the matter in that respect: So that there is nothing at all but the bare matter of fact that you are to enquire into.

hath been a strange way of defence. Consider what a crime we are upon, and in what times we are. That there is a Plot of a very high and transcendant nature under question, that divers witnesses have been suborned, and persous tried in this place and convicted for it, it is undeniable. Now after trials for so high a crime in the most public way, here come Price and Tasborough; What to do? She indeed before, but both Tasborough and she afterwards, by rewards, and such temptations, endeavours to disgrace his evidence; but there is not only that, but the great thing looked after by their party, was, the issue of it; upon this all the king's evidence were to be hanged. What hath been said is only to make a jest, and make the company merry, that there was a contract of marriage between them; but what will be the consequence of that? He that spoke it, has unquestionably proved the probability of our charge, we have made it probable, and he hath proved it; and the inference drawn by them is, She certainly did not tempt him, because she had an interest in him, which concludes very naturally. But then for the other, Mr. Tas borough, alderman Barker comes in, and swears the gentleman is a very honest man; I hope he did hear that evidence, and then I wonder how he could swear it; but do we come to prove whether he be an honest man in his life? | It is not at all our question; if we should have offered to have disparaged him in another way, we had not, I think, done our duty, and the court would justly have reproved us for it; but there is one thing, which if it had not been spoken, I would have held my peace: How is Tasborough concerned in the case? Divers have been questioned and executed for HighTreason, upon Mr. Dugdale's evidence; and First, it hath been proved to you by Mr. Dugafter such an execution, what is Mr. Tasbo-dale, That she did not only desire kindness to rough's duty? It hath been represented as if Harcourt, who was her ghostly Father; but she he had been persuaded by her, and drawn in did design, as much as in her lay, that he should that way, and be thinking that it was a falsity not come in at all to give evidence against him: that had been sworn before, and that Mr. Dug- This is proved by Mr. Dugdale, and another dale repented of the injury he had done them, person that was by, that did hear Mrs. Price he should help to make this discovery. But say, She would have him be kind to Mr. Harwhat was he concerned? Did he go to a court, because he was her ghostly Father: justice of peace, or any just way? Did he not withal tells you, That immediately after Dugcontrive with the devil rather than the justice? dale did tell him, that she did persuade him he 1,000l. must be paid to draw off a man, and should absent himself, and not give evidence corrupt him, to make him own himself per- against Harcourt. jured, in a truth that had been spoken. And this is not the first time that they have done it; for we remember the case of Reading very well. I shall say no more, but this, under favour, it is not well to say, That a man may persuade another to deny his testimony, that is nothing concerned in the case, in a case of this public nature especially, and for money too, that was never meant by the law, and I hope is not meant ever to be countenanced here. I hope the court will give that caution to all that hearward. it, as will discourage any attempts of this nature for the future. And that it shall not be enough to excuse it, for him to say he was persuaded, and thought his sorrow was real, and thereby to put the king's witnesses to prove that

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I shall distinguish the persons: Mrs. Price, according to the evidence, hath gone through the whole charge of the indictment, and indeed, hath committed some further crimes than have been mentioned in the indictment.

She is likewise charged (as they are both) that she did treat with Mr. Dugdale for to retract all that he had said, to be gone, and to leave a paper behind him, which should signify, That there was trouble of mind upon him, and that he had done wrong in his testimony given against the Catholics: Therefore he would be gone, and leave a testimony of it in writing, when he was gone. And she provides for his security abroad, and he should have 1,000l. re

Dugdale is the person with whom the first treaty was: But because he knew, and it was observed, that it was unsafe to deal with persons that was tampering with him in such a nature as this was, and upon a matter of this

kind, he does acquaint persons of very great quality, as he swears, my lord of Shaftsbury, and two other persons: They do advise him. that he should get some persons to be by when they should come to some further treaties concerning this business; and to that purpose he should hold up a correspondence, and condescend to a kind of agreement and compliance, that he might be able to have further testimony to confirm his evidence. Whereupon Dr. Chamberlain and his servant are placed in a closet in Mr. Dugdale's chamber, in such a place, that they might hear what was discoursed in the chamber; in comes Mrs. Price, they being in the closet. Mr. Dugdale and she discoursed about the business so loud, that Dr. Chamberlain and his servant (as both of them Kell you) heard their discourse upon it: The question was asked and put to Mrs. Price: Mrs. Price, I hope you know you are the person that first moved this intrigue; it began from you, and not from me: And this was confest by her. So that you have in confirmation of Mr. Dugdale, the testimony both of Dr. Chamberlain, and of his servant to that part of the charge against her. And withal, it 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. Praunce to testify the same thing: She said, No matter for that, if we get you on our side for the Catholic cause to be our friend, we shall be sure to baffle all they can say or do; and we shall not only save the Catholics, but turn the plot upon the heads of the Protestants, and all the king's witnesses shall be hanged. That you may remember was testified by some of the witnesses. Mrs. Price deals frequently with Mr. Dugdale to this purpose. Dugdale, that he might know (and it is very like with that honest intention, and no other, he did it) and that he might discover the bottom of this business, tells her, This is a thing of dangerous consequence, and it is fit that I have better security than your promise to this 1,000l. 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 doth she offer, but that she hath been acquainted with Mr. Dugdale, and there hath been great fami liarity 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 bctween them?

Then, as to Mr. Tasborough: He indeed is not in the beginning of the design 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 12th of October; and he says 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 persuade 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 be gone, he must give no more evidence against the catholics: And, what if he do comply with this desire? Then he tells him he shall have a reward: What reward? 1,000l.; which was made known before, and protection, and, pardon, and security: And he comes to him in the duke of York's name, to enforce 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 1,000l. can't 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 yourself; 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 1,000l.? No, but serve the Catholic cause; great many have suffered, and by your mony; retract, begone, 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.

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Is not this a bait to tempt a man to all the villainy in the world? If 1,000l. 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 20 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 enticed 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 Catholic 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 Catholic cause; as it is a Catholic doctrine too often instilled into them, that any thing is become sanctified when it tends to that end; it 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 who 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.

Justice Pemberton. They do not deny it

neither.

Justice Jones. I don't see they do, Justice Pemberton. It is a very strong and plain evidence as can be given.

Justice Jones. There is nothing can be said for Mrs. Price, little for Mr. Tasborough.

Justice Pemberton. I see nothing that can do him any good.

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Mr. Pollerfen. As to part only for Mr. Tasborough?

Foreman. Guilty of the Indictment.

Justice Jones. We all know he is not found Guilty of one part, and that must be considered at the setting of the fine.

Att. Gen. Mr. Tasborough hath been upon bail, but I suppose must not go upon bail now; pray that he may be committed.

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Justice Pemberton. They must both be committed; take them both.

Mr. Sanders. Mrs. Price is still in the Gatehouse.

Justice Pemberton. We have her here now, she is in our custody.

Mr. Sanders. If you please, Sir, we desire she may be remanded back. Justice Pemberton. No, they shall go both into the Marshal's custody.

Price. I beg your lordships I may go back to the Gate-house.

Justice Pemberton. What! These are not

things to be trifled with.

Justice Dolben. No, we must not shew you any favour at all.

Justice 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 judgment. Afterwards John Tasborough was fined 100l. and Anne Price 2001.

261. The Trial of BENJAMIN HARRIS, Bookseller, at Guildhall, for causing to be printed, and sold, a Libel, entitled, “ An Appeal from the Country to the City, for the Preservation of "his Majesty's Person, Liberty, Property, and the Protestant "Religion:"* 32 CHARLES II. A. D. 1680.

·MR. Recorder (sir George Jefferies); I hope, you and all others that shall hear it, (for I perthis being a matter to be tried in the city of ceive there is a great expectation this day from London, persons coming here in great multi-this cause) I hope, I say, you will abominate tudes, come to blush, rather than to give encouragement to it; and if we can give your lordship, and this jury, satisfaction that this person is guilty of the offence, according as it is laid in the information, I hope that both

See this "Appeal" in the Appendix to 4 Cobbett's Parl. Hist. N°. IX. See, also, sir John Hawles's Remarks on Fitzharris's Trial, infra.

any man that shall offer at any such like thing. Indeed we live in an age where all sorts of faction and rebellion is countenanced, magistrates reviled, and scandalized by some persons, who think they have authority so to do. It is just like such another kind of religion, which some have now of late taken up, that rather than they will be thought to turn fanatics, they will turn plain atheists, and others, who scorn to be either, downright rebels. This

After her, Mr. Benjamin Tooke, at the Ship in St. Paul's Church-yard, bookseller, was examined, who said he saw several quires of them in the shop. And being asked by Mr. Harris, How he knew they were all those books? He answered, that he turned over a great many of them, and found them all the same.

of this book, of so great importance, no doubt, Recorder. My lord, he was so mighty zealous to his party, that for fear he should be disap

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Recorder. Call the printer's man,and swear him. [Who stood up, and was sworn.] Recorder. What did Mr. Harris give you, ha? Printer's Man. He laid me down six-pence. L. C. J. And what, that was for hastening the book, was it not?

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book is as base a piece as ever was contrived in hell, either by papists, or the blackest rebel that ever was: it seems to carry with it a fine cha racter, and has a figure of all plausible obedience to the crown, to wit, "An Appeal, &c. "for the preservation of his majesty's person, "liberty, property, and the Protestant reli"gion." But if any of you have seen it, I hope you will be so far from giving any countenance to it, as that you will, with me, think, it is so far from tending well to the government, that it is only designed to rake up all sedition and rebellion, and the very worst of all rebel-pointed in time, he gave somewhat to hasten it. lion. I must confess, I would rather have believed that it was only the sake of lucre made him do what he did, for that would have somewhat extenuated his crime, if he had not read it first; but then to go and have it printed, and exposed to sale, &c. this is a great aggravation. If the same sort of insinuation had been used towards any private tradesinan, as hath been offered to the king and magistrates, I believe there is no man but would say, that ere this time he might have hid his head.—But dissemblances of pretences for the sake of the Protestant religion now-a-days in his shop will pass well enough, and persons can tell you there how far you may go from hence to Rome with safety; and after they bave blackened their mouths with tobacco and smoke, and do not rail against the church and the government, they are looked upon straight as no Protestants. But still as to this person, the farther to urge it, by way of aggravation upon him, he could vauntingly make his boasts, when it was put home to him, why he would venture to do such things, &c.? That he had above a thousand persons who would stand by him in whatsoever he did.

L. C. J. (Sir William Scroggs) There was hardly ever any book more pernicious to set us together by the ears than this, nor any thing a greater incendiary; one can hardly write a worse--Says he, "We in the country have done our parts in chusing, for the generality, good members to serve in parliament; but if (as our two last parliaments were) they must be dissolved, or prorogued, whenever they come to redress the grievances of the subject, we may be pitied, but not blamed. If the Plot takes effect, as in all probability it will) our parliaments are not then to be condemned, for that their not being suffered to sit occa sioned it." So that here is a sly way of casting it upon the king himself. And if it be not downright treason, I am sure it is just upon the heels of it. It is a most abominable piece.

Then were called the Witnesses, to prove that the books were sold in his shop; and after they were all sworn, first of all Mrs. Grover, a printer's wife, stood up, who confessed she had half a dozen of them, but not of him; for he was either gone out, or not in the way, but she had them of his man.

Then stood up one Mary Darby, and she said, she had four of them.

Printer's Man. I cannot tell, Sir, not I, but he gave me six-pence.

Recorder. And what did you do it in the daytime, was you not at it in the night? Printer's Man. Yes, I was upon it in the night.

Recorder. Ay, it was a deed of darkness, and so fit for night-work.

Serj. Strode. My lord, if it can be made out to your lordship and this jury, that he designed maliciously to scandalize the king and the government by it, we must acquiesce; but that, my lord, he absolutely denies; but seeing it running up and down the town, he gets some of them, and suffers them to lie up and down in his shop, and this only as a common thing to get money, so that we suppose it may not lie within the information, because it does not intentionally scandalize the king and the go

vernment.

Mr. Williams. He in his trade sold this book, and that we admit ; but, my lord, it is a material part of the information, that it was done with a malicious design, &c. and we do not take it so; but for the other matter we submit to it.

L. C. J. Then you do admit, that he did sell some of these books.

Mr. Williams. We do, my lord, that he did sell one.

Mr. Ollibear. My lord, this book was publicly sold in other booksellers shops before we had it, and so we thought in a way of trade, we might do the like; but as soon as ever we heard there was any thing ill in the book, we suppressed the selling of it.

Serj. Strode. They say, my lord, the printer had six-pence given him by Mr. Harris. Friend, other times? Have you never had any of him does not he come, and give you some money at before?

Printer's Man. No, sir. I never printed any thing for him before.

Serj. Strode. Was not this printed before you saw it?

Printer. Not to my knowledge.

Serj. Strode. Pray ask the first witness. Was not this in print before you saw it in his shop?

Grover. Yes, my lord.

Mr. Williams. My lord, he is a man of other principles, than to do such things.

L. C. J. There is scarce any but Smith, that is so factious a seller of books as Harris: all your domestic intelligences are so; for which, you know, you have forfeited your recognizance almost in every book.

A Neighbour was called by Mr. Williams, to give an account of Mr. Harris.

Neighbour. My lord, I have known him about a twelve-month; and I have always looked upon him to be a fair-conditioned, quiet, peaceable man: he is, and has been so reputed among his neighbours. And I have never seen any thing from him, but what was very quiet and peaceable.

Recorder. A bookseller that causes a fac tious book to be printed, or reprinted, if it was printed before, is a factious fellow.

L. C. J. You say right.

Mr. Goodhall (another neighbour of Mr. Harris's) said, upon his being asked, if he were acquainted with him? And, if he were wont to oppose, or to scandalize the king or government? That he never heard such a like thing of him.

Recorder. I presume that none of these do stand by him in any such thing: but he, being advertised of it, and being asked, why he would offer to expose to sale such a book as this? He answered and said, that he had a thousand persons that would stand by him. Call Robert Stevens.

L. C. J. What can you say?

R. Stevens. My lord, I have seen this book several times in his shop, and others too. And I have asked him, why he would so publicly vend them? (I did not indeed buy one of them myself, but I caused a man to buy one for me) and he said, He had several thousands to stand by him and he is accounted an anabaptist. He said so before the master and wardens of the company; who questioned him, why he sold such scandalous things? And he said he had several thousands to stand by him. Then spake the Lord Chief Justice to this

purpose:

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ters (as there are few others) of false news, they are indictable and punishable upon that

account.

So that your hopes of any thing of that kind will be vain; for all the judges have declared this offence, at the common-law, to be punishable in the seller, though in the way of his trade: the books may be seized, and the person punished.

As for this book, in particular; you can hardly read a more base, and pernicious book, to put us all into a flame: It gives you such incitements, and such base encouragements, with such reflections upon all sorts of persons, (for I have read it upon this account) that I' think, there can scarce be a worse made. He would set up another man, that has no title to the crown: "For (says he) the greatest danger accruing to your persons, as well as to the whole kingdom, upon the king's untimely death, will proceed from a confusion, and want of some eminent and interested person, whom you may trust to lead you up against a French and popish army; For which purpose, no person is fitter than his grace the duke of Monmouth; as well for quality, courage, and conduct, as for that his life and fortune depends upon the same bottom with yours. He will stand by you; and therefore, you ought to stand by him. And remember the old rule is, he who hath the worst title, ever makes the best king; as being constrained by a gracious government, to supply what he wants in title: That instead of God and my right; his motto may be, God and my people." He says," such a one would make a better king; for, as you see, the worse the title, the better the king. A king with a. bad title, makes a better king, that he that hath a goodone; for he shall be obliged to comply with, and will humour the people, for want of a title." A thing, which is the basest nature that can be: And yet this man must give money to hasten the printing of such a book; and he had seve ral quires of them in his shop. Except the writer of it, there cannot be a worse man in the world; who, for trivial profit, will neglect the peace and quiet of his country, and set us all together by the ears for a groat. And, Mr. Harris, if you expect any thing in this world, of this kind of favour, you must find out the author; for he must be a rebellious, and villainous traitor: For, though he seems to inveigh against popery, it is only to be a rebel. And certainly, he has rejected all the laws of God, and all obedience that man requires; and prophaned all holy-writ. He is somebody, whose fortune does not suits with his condition; and who, because he is not at ease and quiet himself, will let nobody else be so neither. [Speaking to the Jury, who presently withdrew.] You have nothing more to do, but to give your verdict: If there be any thing in law, let me know it because you go out.

Because my brother shall be satisfied with the opinion of all the judges of England, what this offence is, which they would insinuate, as if the mere selling of such a book was no offence : : it is not long since, that all the judges met, by the king's command; as they did some time before too: and they both times declared unanimously, that all persons that do write, or print, or sell any pamphlet, that is either scandalous to public, or private persons; such books may be seized, and the person punished by law that all books, which are scandalous to the government may be seized; and all persons so exposing them, may be punished. And further, that all writers of news, though not scandalous, seditious, nor reflective upon the government or the state; yet if they are wri-negative.

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VOL. VII.

Then one of the Jury asked my lord, if they might not have the book with them, which was there in the court, and it was answered in the

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