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A63162 The tryal and conviction of Thomas Knox and John Lane for a conspiracy to defame and scandalize Dr. Oates and Mr. Bedloe thereby to discredit their evidence about the horrid popish plot : at the Kings-Bench-Bar at Westminster, on Tuesday the 25th of Novemb. 1679 ... : where upon full evidence they were found guilty of the offence aforesaid. Knox, Thomas, 17th cent.; Lane, John, 17th cent.; England and Wales. Court of King's Bench. 1680 (1680) Wing T2165; ESTC R21831 50,627 72

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Powis and desired I might be imployed in it And she did tell me that it was a thing of material consequence and that I should be furnished with money for the getting of Knox and Lane out I took all opportunities for the doing of it that were necessary I went to the Gate-house made enquiry after Lane and took care with his Mother to relieve him for I heard he was in an indigent condition at that time L. Ch. Iust. Did you give his Mother the money Mr. Dangerfield Yes my Lord Twenty shillings and I had that money from Mrs. Cellier by my Lady Powis's Order After that time there was one Mrs. Airy who used to carry money to the Catholicks in Prison she said that it was possible as she had been informed from some of the Priests in the Gate-house that some things might be had under the hands of Knox and Lane that would be very material against Mr. Oates She said she had been informed so I then desired that Mrs. Airy that Pen and Ink might be conveyed to them that they might have the convenience of giving it under their hands which she promised and they did convey Pen and Ink under the door to this Mr. Lane L. Ch. Iust. How do you know that Mr. Dangerfield As Mrs. Airy told me Then she came again and withal told me that it was Mr. Knox's desire that Lane should do something to signifie to him or satisfie him that he did stand fast then Lane wrote a little note and that note was to this effect I will die before I will comply with that Villain Oates and if any good People will do me the kindness to get me my liberty I will do the Catholicks the greatest service imaginable in discovering what I know about Mr. Oates This I write from the bottom of my heart and shall die in it So help me God L. Ch. Iust. How came you by the Note Mr. Dangerfield This note was written by Lane's own hand and given from under the door to one Mr. Parsons a Priest in the Gate-house This Parsons ga●● the note to Mrs. Airy and she gave it to me L. Ch. Iust. Do you know Lane's hand Mr. Dangerfield Yes very well as I shall shew you anon L. Ch. Iust. What became of the Note Mr. Dangerfield My Lord I don't know what became of the Note for the Countess of Powis had it afterwards L. Ch. Iust. Do you believe it was of Lane's own writing Mr. Dangerfield I am very well satisfied of it my Lord according to the Judgment I am capable to give of hands indeed I was not acquainted with his hand then but that was the first to my knowledge that ever I saw of it but after I having parted with the Note and seeing some of his hand-writing upon recollection I can say I believe it was his own hand L. Ch. Iust. Did you ever see the Note again Mr. Dangerfield Never afterwards And then my Lord my Lady Powis was exceeding glad upon the hearing of it and as I was informed of it afterwards she was the greatest part of the following day upon her knees giving God thanks for the great advantage and strength that was come to their Cause L. Ch. Iust. What! for having a Villain to come over to her side that swore backwards and forwards Mr. Dangerfield Afterwards I received money several times and gave his Mother more to furnish and relieve him And several times afterwards I received money from Mrs. Cellier by Order of my Lady Powis for the doing of Lane's business that is for his liberty and I had the Papers from one Lawson an Attorney that had been employed in the same business before and as I was informed by him a motion or two was made at this Bar for their Liberty but however he began to despair of it and I was to undertake it but withal he said he was glad he was rid of it for he had been often employed in the business of the Catholicks and it had impaired his credit very much and very freely delivered the Papers to me which indeed were not many After that my Lord I retained Mr. Sanders as I think it was he but there was a motion about it and with great difficulty I did get Lane out upon common Bail and when I had done so according to my Lady Powis's Order I brought him to Powis House and then my Lady Powis ordered that he should go by the Name of Iohnson because if any of the Servants should talk of one Lane being in the House it might come to Oates's Ear the House might be search'd and if he were found there it might be prejudicial to the Lords and all their business And then my Lord Mr. Wood came a little after with the same Command from his Lord and he had some Order L. Ch. Iust. Who is Wood Mr. Dangerfield That Wood is my Lady Powis's Gentleman And he came and ordered that my Lady Powis gave particular Command to the Porter of the House in my hearing that he should give order to all the Servants to have a particular eye and care that he did not go from the House for they were very dubious of him having made so many Equivocations before for they feared Mr. Oates might find him or he might go voluntarily and make a Discovery of himself and so contradict all he had given an accompt of there For my Lord before this as soon as ever Lane was gone out they were very desirous to have what he had to say put in Writing but they had not opportunity then but we let it alone to some other time Then my Lord soon after about three Weeks or a Month after I cannot be positive in the time because I had a great deal of business upon my hands but I suppose it was about three Weeks or a Month after my Lord Powis sent for me to the Tower and told me he was informed that Mr. Oates was then making search after Lane and if he found him at his House it would be very prejudicial to their business and he desired me to take care and to send him out of the way that Mr. Oates might not find him which I did and thinking of several places I could not find any so convenient as Gray's in Essex by the Water-side I came to Lane and told him that he should be furnished with mony and necessaries for his Journey and in order to it that very day I took him and gave him a pair of Shooes and Ten Shillings in his Pocket and sent him to Gray's I received two Letters afterwards from this Lane by which Letters I am very well satisfied that that Note that he wrote before that was given under the Door was his Hand So then I received a third Letter I think my Lord and in the Letter he told me that some Person of Mr. Oates's Acquaintance had been in that Town and seen him and he thought it was not material that he
the Circumstances in themselves and one with another Some of the Evidence is but very slight and sure were but produced to spend time L. Ch. Just. Indeed there was a great deal of it to little purpose for ought I see this Tryal needed not to have been above an hour Mr. Holt. As for his saying he should have 100 li. a year and the bettering of his fortune it was but his vanity and extravagance L. Ch. Just. Mr. Holt does argue as much for his Client as the Case will bear Mr. Holt. They have endeavoured to lay all upon us now if so be we are affected with any severe Evidence I think the same Evidence to requite them does affect them L. Ch. Just. This is a kind of Battel-royal where every one hath two Enemies to oppose Mr. Holt. Here is Mr. Dangerfield he comes and in his Evidence tells you that my Lady Powis was so long upon her knees to thank God that her Party was so much strengthned by the accession of Law My Lord I desire the Quality of Mr. Lane may be taken notice of a Footman and a young rash Fellow one that both for Age and Quality could not be very considerable Lord Chief Iust. But two Witnesses is better than one Mr. Holt do you remember that Knox used that Expression if Lane do but keep firm we shall be too hard for Osborne alone for two Witnesses are better than one but by that he counted Lane worth something Mr. Holt. You must consider what he was to swear they could scarce get an Evidence so proper for what they would have him swear Lord Chief Iust. Mr. Williams what Answer can you give to all the Transactions that Mr. Dangerfield tells you of about Knox Besides take notice of this you would have this to be a Contrivance by Lane and Osborne to be between themselves and that your Clyent must be a stranger to it and when he comes to know it he knows it only as a remorse of Conscience that they tell him they have and desire him to go with him before a Justice of Peace to swear it and he hearing something that might affect his Master the Earl of Danby and believing that always true did encourage that matter onely for his Masters Service and thought he did a good Act in it but your subsequent behaviour shews it was a Conspiracy rather for First your secret wayes of sending your cunning Notes We all club'd together and you payd two Shillings at the Sugar-Loaf bear this which shews and does to my apprehension signifie as if he would never own that he spent any thing upon them and that he was bountiful to them And then the giving of Money to the man to convey Notes that they might not betray one another does not all these subsequent Actions especially those Dangerfield tells you of and receiving the Papers after they were enlarged upon speak it a Conspiracy what can you say to all this Mr. VVilliams My Lord Mr. Iust. Pemberton Stay a little and Answer all together Do but consider with your self those Informations your Clyent Knox did own he took and before they were sworn and carried them to My Lord Latimer's Lodgings and he himselfe owns that he took Lodgings for them and lay with them and when the Lords were in pursuit of them Lord Chief Iust. And then does he steal them from place to place takes Lodgings for them and payes for them Mr. Iust. Iones He brings one of them to make Affidavit and will keep it by him is shie of shewing it afterwards does shew it this makes him a Contriver too as well as an Executer Mr. Saunders If your Lordship please Mr. Iust. Pemb. Consider too the Papers that were put in too of Caution that Knox and they should not be found in several Tales for Knox had been examined before they were that was the meaning of those Instructions Lord. Ch. Iust. If you have any Witnesses to wipe your selves clean from the matter of receiving the Papers from Dangerfield taking Lodgings for them when they were under that accusation do Mr. Saunders I have a word to answer upon the Testimonie of Mr. Dangerfield Mr. Iust. Pemberton Consider this That he attempted another man upon the same account your Clyent did tempt VViggins to do the same thing to his Master Mr. Saunders That was in February before and all that he said was that he would have had out of Mr. Bedloe's Servant what Company his Master kept and what he did Lord Chief Iust. You do observe right Mr. Iust. Pemb. And to have betrayed his Papers to him Lord Chief Iust. That does not reach this Indictment indeed but that thing that he would have tempted him to was to have discovered and to have a transcript of all the Papers that concerned my Lord of Danby that he should watch his Company and know what Lords were with him that he might make his opposition as well as he could and that he should have what Place he did desire under my Lord. It does not affect the Case of the Indictment but if shews you are a Tempter of men and that you are a Cautioner that you would hire a man to betray his Masters Papers which is not fair let the Master be who he will Mr. Iustice Pemberton It facilitates the belief of this Lord Chief Iustice Yes Ay Ay it is to make the Jury more apt to credite what the Evidence of this particular Fact is Mr. Saunders My Lord let me offer this word and I submit Mr. Dangerfield himself does swear that Lane brought him a Paper containing the same matter that he did falsly accuse M. Oates of and he read it over three times to him and then he Swore it before Sir Iames Butler My Lord I will put my Cause upon that Point whether Mr. Dangerfield did not believe it to be true at that time Mr. Iustice Iones Your Clyent is the more mischievous man to contrive it so as to make the thing to be believed when it was false Lord Chief Iustice The Use of the Argument he makes is this that as Mr. Dangerfield might be deceived into a belief that the Information was true so might Mr. Knox as well when he saw one ready to swear it but hath Dangerfield done those subsequent Acts which he hath done in the Confederacy for which he is now Indicted Mr. Saunders He swears in his Information that they came to his Hands from Lane and Osborne Lord Chief Iustice Well Gentlemen you of the Kings Counsel and of the Jury you need not any summing up of the Evidence I think the thing is Evident Mr. Iustice Pemberton Gentlemen 't is a very clear Case as clear as the Day I think you need not go from the Bar but do as you will Then the Iury laying their Heads together agreed without delay and without moving from the Barr. Clerk of the Crown Gentlemen are you all agreed of your Verdict Omnes Yes Clerk of the Crown Who shall say for you Omnes Foreman Clerk of the Crown How say you are the Defendants Guilty of the Offence and Misdemeanour whereof they stand Indicted or not Guilty Foreman Guilty At which the People gave a great Shout Mr. Serjeant Maynard My Lord I pray the Verdict may be Recorded Mr. Iustice Iones Let it be so Come where are these two young Fellows let us see if they can shew their Faces now And they were brought into the middle of the Court Knox. Will your Lordship give me leave to speak one word for my self Mr. Iustice Iones No No there 's no speaking now take them into your Custody Marshal VVhich was done and the Court broke up 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 Justice Scroggs at this last Summer Assizes at Stafford held there for the County of Stafford Where they receiv'd 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 Kings Bench the first day of this Michaelmas Term 1679 occationed by the many Libellous Pamphlets which are published against Law to the Scandal of the Government and Publick Justice Together with what was declared at the same time on the same Occasion in open Court by Mr. Justice Iones and Mr. Justice Dolben Sold by Robert Pawlet at the Bible in Chancery-Lane