viction of the law; what mercy the king, who is the fountain of mercy, as well as of justice, wil! extend to you, is in his own power. Starkey. Mr. Recorder, I have here his majesty's gracious pardon of the 25th year of his reign.. Recorder. I allow that, but you have staid here since. Starkey. Why then, Mr. Recorder, pray will you advise me what to have done? Nature teacheth all men to shun danger; for I was threatened with life, &c. if I staid in France : Whether should I stay there, or return to my native country with my king? Now, Mr. Recorder, I desire to know what you would have had me done? Recorder. I shall acquaint the king, and will do you all the kindness I can with him. Tie him up. Starkey. But how shall I do then, when I am lame? I want a leg, and I must use my stick. Recorder. Then let him alone. Starkey. But I pray, good Mr. Recorder, will you be pleased before you give sentence upon me, to acquaint the king with what I have to say for myself. Recorder. No, I cannot do that, the king's pleasure is to be known afterwards. Set Lumsden aside, and set all the rest to the bar. [Then Proclamation was made for silence, whilst judgment was giving.] Recorder. You the prisoners at the bar; you have been severally accused, arraigned Starkey. Mr. Recorder, may I speak one word? I have presented this year, wherein at the 26th of this month I have been a prisoner, several petitions by my friends to the king, and desired to be transported; for my age and infirmities, and want of a leg, did not stand well with my being in England these troublesome times. The king, I am told, hath promised I should, but I see no fruits of those petitions. And pray consider this, that I should have been imprisoned if I stayed out of England, and now to be prosecuted in England in this manner, and to be drawn, hanged, and quartered, is very hard. Recorder. Whether it be true or not, God knows, I shall acquaint the king with it. It only remains with me to take notice of it for that purpose. And for my part I am sorry with all my heart to see so many persons brought to receive the sentence of death by my mouth. But I must say this, you yourselves have been the occasion of it, and therefore must blame yourselves for it. You have had the benefit of the best laws, the law of Eng land, which gives every subject the liberty to make a defence for himself, whenever he is accused of any crime; he hath the liberty to hear the witnesses what they say against him; to call any witnesses for him, and to make defence for himself. And not only so, but he hath likewise twelve men upon their oaths, that are his peers, against whom he hath the liberty to make a challenge without shewing any reason, to a certain number; and if it shall appear that any of them have the least prejudice or malice against any persons that are to be tried for their lives, to a greater number. Such, and so great is the benefit of the laws of England, beyond all the laws of any other nation in the world. But all these forins having been passed, and a jury of men, against whom you made no exception, having found you guilty of the offences for which you were indicted, there remains now nothing more with the court, but to pass that judgment of death upon you, which the law requires, and which is the business that lies upon me now. But before I do that, for I know you may think it a presumption, or at least a needless and unnecessary thing for me to take upon me, and give any directions to you, the business of whose profession it hath been to give precepts: However I think it necessary, for the satisfaction of some persons that are here present, that I should give them some account, why I think this law, and the putting it in execution at this time, is not unreasonable. For it is to be known, that every subject of this realm by his being born within the dominions of the king, does owe an immediate allegiance to the king, and is to take notice by the law, that there is not any person hath any superiority head and governor. And if any person born over him; for under God he is the supreme within the dominions of the king shall so far forget himself, and what he owes to the king by his birth, and that supremacy which he should maintain with his life and fortune, as to acknowledge any other foreign person to be supreme, and to have a power to depose the king, and dispose of his dominions (as every one does, that takes orders from the see of Rome) he cannot but be thought deserving of the greatest punishment. Wherefore the wisdom of our nation, the parliament, at the time when they made the law, found that the religion established (that religion which I hope in God will remain notwithstanding all the enemies it ever had or shall have) was invaded by such priests as you; they found the life of the queen at that time in great danger, by the attempts of those persons whom they had made their proselytes, into whom they had infused principles, that it was no crime for them to depose their queen, since they had the authority of their pope to justify the fact. And if once men can preach such doctrine, and also but prevail with their hearers to be of such a persuasion, if care were not taken, we shall soon see an end of all sort of government, and of our religion too. But inasmuch as these principles were not so visibly endeavoured to be put in practice till of late times, though you were not permitted, but connived at; yet that is no reason but the occasion of making the law being revived, the execution of the law should revive with it. I suppose it is not unknown to any of us, that there hath been an hellish plot against the life of the king, and ta | the sentence that the law hath decreed: and therefore in the name of the Court I do pronounce this to be your Judgment 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 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. Re, corder, 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 informa-reign of our sovereign lord the king that now is tion 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, "That whereas one Thomas White, alias Whitebread, William Harcourt, John Fenwick, John Gavan, alias Gawen, and Anthony Turner 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. 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 in dictment specified; and being afterwards tried by a jury of the county, was then and there 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 half of our said sovereign lord the king that now at the parish aforesaid in the county aforesaid is, and then and there in lawful manner did by force and arms, falsly, unlawfully, unjustly, give material evidence against the said William advisedly, and corruptly, and against the duty Harcourt, and the said several other traitors, to of their allegiance, did produce and shew prove them guilty of the matters in the said and each of them did then and there proindictment specified: the said defendants, John duce and shew to the said Stephen Dugdale, Tasborough and Anne Price, the premises a certain note in writing, the tenour of which aforesaid well knowing, and being persons de- note follows in these English words following vilishly affected towards our sovereign lord Being touched with a true remorse of conCharles the second, now king of England, &c. science, and hearty sorrow for the great ill I their supreme and natural lord, and devising, 'did in coming in a witness against the Caand with all their strengh intending the peace tholics, and there speaking things which in my and tranquillity of this kingdom to disturb, and ' own conscience I knew to be very far from to hinder and stifle the farther discovery of the the truth: I think myself bound in duty both said treasons, and as much as in them lay, the to God and Man, and for the safety of my due course of law to elude, and the prosecution' own soul, to make a true declaration how I of justice in that behalf to retard and obstruct; was drawn into this wicked action. But as also to cause and procure that it should be 'being very well satisfied, that I shall create believed that the persons aforesaid, attainted, 'myself many powerful enemies, upon this were unjustly attainted,: The said Anne Price account, I have retired myself to a place of before the trial of the said William Harcourt, safety, where I will with my own hand disto wit the 10th day of June, in the year of the cover the great wrong that hath been done the reign of our said sovereign lord the king the 31st 'Catholics, and hope it may gain belief. And aforesaid, at the parish of St. Margaret West- likewise I protest before Almighty God, that minster, in the county of Middlesex, with force 'I have no motive to induce me to this conand arms, falsly, unlawfully, unjustly, corruptly, fession, but a true repentance for the misand against the duty of her allegiance, did soli- 'chiefs Í have done, and hope God Almighty cit, suborn, and endeavour to persuade the said will forgive me.' And that the said John Stephen Dugdale, that he the aforesaid Ste- Tasborough and Anne Price, the day and year phen Dugdale should not be a witness nor aforesaid, in the parish aforesaid, in the county give evidence against the said William Har- aforesaid, with force and arms, falsly, unlawcourt, upon the trial of the said William Har- fully, unjustly, advisedly, corruptly, and against court for the treasons aforesaid: and that the the duty of their allegiance, the said Stephen said John Tasborough and Anne Price, after- Dugdale the aforesaid note in writing, so as wards to wit, the 12th day of October, in the aforesaid, to the said Stephen Dugdale proyear of the reign of our said sovereign lord the king duced and shewn to sign and subscribe, did that now is, the 31st aforesaid, at the parish of solicit and endeavour to persuade, and each St. Margaret Westminster aforesaid, with force of them did solicit and endeavour to perand arms, falsly, unlawfully, unjustly, advisedly, suade, and then and there falsly, unlawfully, corruptly, and against the duty of their allegi- unjustly, advisedly and corruptly did proance, did solicit, suborn, and endeavour to mise, and each of them did promise to the persuade, and either of them did then and said Stephen Dugdale, that if he the said there, falsly, unlawfully, advisedly, corruptly, Stephen Dugdale, the aforesaid note in wriand against the duty of their allegiance, solicit, ting would sign and subscribe, that then be the suborn, and endeavour to persuade the said said Stephen Dugdale great and vast sums of Stephen Dugdale, that he the said Stephen money should have and receive; to the evil Dugdale, should retract and deny all the evi- and pernicious example of all persons in the dence and information which he the said Ste-like case offending, and against the peace of phen 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 Suborgreat 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, : | our said sovereign lord the king, his crown and dignity, and against the duty of their allegi ance. * The Latin indictment runs thus: SS. nation of Perjury. Pasche, 52 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 White bread, Clericás, Johannes Fenwick Clericus, Willielmus Ilar court, 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 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 et Jacobus Corker, falsi proditor' contra sere- 'suæ debit' solicitabant, subornabant, et conat' • nissimum Dominum nostrum Carolum secun- fuer' persuader', et uterque eor' adtunc et 'dum, Dei gratia Angl', &c. 13 die Junii, anno ibidem solicitabat, subornabat, et conat' fuit ⚫ regni dicti Domini regis nunc 31 ad delibe- persuadere præfat' Stephanum Dugdale, quod 'ration' gaol' dicti Domini Regis de Newgate, ipse præfat S. D. non foret testis, nec daret teint' per adjournament' pro' com' præd' apud 'evidenc' versus præfat' W. Harcourt, alias, Justice-Hall in le Old Bailey, in suburbiis • &c. super triation' ipsius W. H. alias, &c. pro ⚫ civitatis London, coram justic' ad gaol' præd' proditionibus præd', Et quod præd' J. T. et ' adtunc et ibidem deliberand' assign', steterunt A. P. post triation' præd' scilicet 14 die Ocindictat' pro compassation' (Anglice the com- 'tobr', anno, &c. nunc 31 supradicto, apud 'passing) mortis et finalis destruction' dicti præd' paroch' sancti Andreæ Holbourn in Domini Regis, et al' altis proditionibus in com' Midd', falso, illicite, injuste, advisate, • eodem indictamento specificat' posteaque ad 'contra ligeanc' suæ, debit' solicitabant, subor'session' præd' præd' T. W. alias, &c. J. F.nabant, et conati fuer' persuadere, et uturque 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' adtunc et ibidem debito modo attinct' fuer', ' prout patet per record' inde juratoribus præd' eor' adtunc et ibidem, falso, illicite, advisate, corrupte, et contra ligeanc' suæ debitum solicitabat, subornabat, et conat' fuit persuadere præed' 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 uterque 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 scrip'tis, tenor cujus quidem notæ sequitur in his 'Anglican' verbis sequen', videlicet, “ Being in eviden' ostens': Cumque etiam quidam Ricardus Langhorn Ar' postea scilicet ad de'liberation' gaol' dicti Domini Regis tent' per 'adjornament' pro civitat' London' apud Jus'tice-Hall præd', coram justiciar' ad gaol' præd' adtunc et ibidem deliberand' assign', 14. die Junii, anno regni dicti Dom' Regis 'nunc 31. suprad' legitimo mado stetit indic'tat' pro compassatione (Anglice compassing) 'mortis et final' destruction' dicti Domini Regis, et al' altis proditionibus in eodem indictamento 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', qui-"touched with a true remorse of conscience, dam 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 6 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 Dominum 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 éludere, 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 properson' 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 Juni," 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, . That they had prepared a note which hath been read to the jury; whereby he that had swore the truth, 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 stances 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 indicted for subornation of perjury: and the indictment sets forth, that whereas Thomas Whitebread, William Harcourt, and others, were indicted, and that for treason, in conspiring the death of the king, and other treasons, and were legally tried, convicted, and attainted for the same; and that Richard Lang-new, it hath appeared here in several other inhorn 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 aforesaid, 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' saneti Andrea Holbourn præd' in com' Midd' præd', falso, 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 sub'scribere 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. magn' et ingent' denar'sum' haberet et reciperet, in malum et pernitiosum exemplum omn' al' in tali casu delinquen', ac contra pacem dicti Do'mini Regis, coron', et dignitat' suas, &c.' he can testify all this matter. Now he was but a single person against these two tempters; and your lordship remembers what was said in the like case, two might convince one; and therefore he thought it safe to acquaint, and he did acquaint persons of public concern and authority with this attempt upon him; and be 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 hath been confessed, for this hath had another examination in another place: and the gentlewoman hath confessed, that she did offer him sums of money; for it we will call our witnesses. We shall not now aggravate the fault, that will come after the evidence given; but I think it is hellish enough if it be proved. 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 bath 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 |