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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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I Do Appoint Robert Pawlett to Print the Tryal of Thomas Knox and John Lane and let no other person presume to Print the same WILLIAM SCROGGS THE TRYAL AND CONVICTION OF THOMAS KNOX and IOHN 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 25 th of Novemb. 1679. Before the Right Honourable Sir WILLIAM SCROGGS Knight Lord Chief Justice and the other Judges of that Court Where upon full Evidence they were found Guilty of the Offence aforesaid LONDON Printed for Robert Pawlett at the Bible in Chancery-Lane near Fleetstreet M. DC LXXX THE Tryal and Conviction OF THOMAS KNOX and IOHN LANE FOR A CONSPIRACY To Defame and Scandalize Dr. OATES and Mr. BEDLOE Thereby to discredit their Evidence about the POPISH PLOT ON Tuesday the 25 th day of November 1679 at the Kings Bench Bar at Westminster Thomas Knox and Iohn Lane were tryed for the Misdemeanour and Offence herein after in the Indictment expressed and which Tryal was in manner following Proclamation being made in usual manner for Information and the Defendants called to their Challenges the Jury were sworn whose names follow The JURY Sir Iohn Kirke Thomas Harriot Henry Iohnson Simon Middleton Hugh Squire Francis Dorrington Iohn Roberts Rainsford VVaterhouse Thomas Earsby Ioseph Radcliffe Iames Supple Richard Cooper Who being numbred the Clerk of the Crown charged them with the Indictment thus Clerk of the Crown Gentlemen you of the Jury that are sworn hearken to your charge you shall understand that the Defendants stand Indicted by the Oaths of twelve honest and lawful men of the County of Middlesex by the names of Thomas Knox of the Parish of S. Margaret's Westminster in the County of Middlesex Labourer and Iohn Lane of the same Parish and County Labourer for that whereas Edward Coleman William Ireland and Iohn Grove and other false Traitors against our Soveraign Lord Charles the Second by the grace of God of England Scotland France and Ireland King defender of the Faith c. to the Jurors aforesaid unknown the 24 th day of April in the 30 th year of the Reign of our said Soveraign Lord the King at the Parish of S. Margarets Westminster in the Country of Middlesex Traiterously amongst themselves had conspired consulted and agreed to bring and put to death and destruction our said Soveraign Lord the King and war against our said Soveraign Lord the King within this Kingdome of England to stir up and the Religion in the said Kingdome of England rightly and by the Laws of the said Kingdome established to the superstition of the Romish Church to change and alter and the Government of the said Kingdome of England to subvert for which their said most wicked Treasons and Traiterous conspiraries consultations and agreements they the said Edward Coleman William Ireland and Iohn Grove in due manner and according to the Laws of this Kingdome of England were afterwards attainted and underwent the pain of death for the same And whereas William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor William Lord Petre and Sir Henry Tichbourn Baronet the 30 th day of Nov. in the 30 th year of the Reign of our said Soveraign Lord the King aforesaid at the Parish of St. Margarets Westminster aforesaid in the County of Middlesex aforesaid of the Treasons aforesaid were lawfully accused and thereupon according to due form of Law were committed to the Tower of London being the Prison of our said Soveraign Lord the King there safely to be kept to answer for the Treasons aforesaid whereupon they the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor and William Lord Petre were in Parliament impeached by the Commons in the same Parliament Assembled And whereas Thomas Earl of Danby afterwards to wit the said 30 th day of November in the 30 th year aforesaid at the Parish aforesaid in the County aforesaid of certain Treasons and other Misdemeanours was lawfully accused and thereupon according to due Form of Law was committed to the said Tower of London there to be safely kept to answer for the Treasons and Misdeanours aforesaid of which said Treasons and Misdemeanours he the said Thomas Earl of Danby is impeached in Parliament by the Commons in the same Parliament Assembled that they the said Thomas Knox and Iohn Lane well knowing the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor William Lord Petre and Thomas Earl of Danby to be accused of the Treasons and Misdeameanours aforesaid and they the said Thomas Knox and Iohn Lane being Devillishly affected towards our said Soveraign Lord the King their Supream and natural Lord and devising and with all their strength intending the peace and tranquillity of this Kingdom of England to disturb and to hinder and stifle the discovery of the said Treasons by the said VVilliam Earl of Powis VVilliam Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and VVilliam Lord Petre as aforesaid supposed to be committed and as much as in them lay to elude the due course of Law and the prosecution of Justice against the said VVilliam Earl of Powis VVilliam Viscount Stafford VVilliam Lord Petre Iohn Lord Bellasis Sir Henry Tichbourn and Thomas Earl of Danby to retard they the said Thomas Knox and Iohn Lane afterwards to wit the 30 th day of April in the 31 th year of the Reign of our said Soveraign Lord the King at the Parish aforesaid in the County aforesaid falsly maliciously and unlawfully did consult and agree among themselves Titus Oates Clerk and VVilliam Bedloe Gentleman who Informations of the Treasons aforesaid had given and whom they the said Thomas Knox and Iohn Lane the day and year aforesaid well knew to have given Information of the Treasons aforesaid against them the said VVilliam Earl of Powis VVilliam Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and VVilliam Lord Petre to scandalize and upon the tryal of the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and William Lord Petre to represent them to be persons of evil conversation and Witnesses not deserving credit And that he the said Thomas Knox afterwards to wit the said 30 th day of April in the 31 th year aforesaid at the Parish aforesaid in the County aforesaid in the names and with the consent and agreement of the said Iohn Lane and one VVilliam Osborn to disgrace the Information of the said Titus Oates and VVilliam Bedlow against them the said VVilliam Earl of Powis VVilliam Viscount Stafford VVilliam Lord Petre Iohn Lord Bellasis and Henry Lord Arundel for our said Soveraign Lord the King to be given falsly maliciously subtilly and advisedly did Write and cause to be Written three Letters and those Letters so written
falsly craftily unlawfully and advisedly did direct and cause to be delivered to himself the said Thomas Knox by which said Letters falsly craftily and deceitfully it was declared that they the said Iohn Lane and VVilliam Osbourn were greatly troubled in their Consciences by reason of certain things which they well knew and had concealed concerning the nnjust contrivances of the said Titus Oates and William Bedloe in accusing the said Thomas Earl of Danby to be guilty of the Treasons and other misdemeanours aforesaid and that the said Titus Oates was a person of a wicked and vitious Life and made an assault upon the said Iohn Lane and with the said Iohn Lane to commit that detestable sin called Sodomy before that time had endeavoured And that he the said Thomas Knox the sooner and more effectually to perswade the said Iohn Lane and VVilliam Osbourn falsly to accuse the said Titus Oates and VVilliam Bedloe that they the said Titus Oates and VVilliam Bedloe unjustly and against all truth had accused the said Thomas Earl of Danby of the Treasons and other misdemeanours aforesaid and so to affirm against the evidence of our said Soveraign Lord the King upon the Trial of the said Thomas Earl of Danby for the Treasons and other Misdemeanours aforesaid to be had afterwards to wit the said 30 th day of April in the 31 th year of the Reign of our said Soveraign Lord the King aforesaid at the Parish aforesaid in the County aforesaid falsly advisedly corruptly and against the duty of his Allegiance unlawfully gave to the said Iohn Lane and William Osborn divers great sums of money and also further falsly advisedly corruptly and against the duty of his Allegiance the day and year aforesaid at the Parish aforesaid in the County aforesaid did promise unto the said Iohn Lane and William Osbourn that they the said Iohn Lane and VVilliam Osbourn within a certain time by the said Thomas Knox to the said Iohn Lane and William Osbourn propounded divers other great sums of money and other great rewards therefore should have and receive against the Duty of their Allegiance to the great retarding obstructing and suppressing of Justice in manifest contempt of the Laws of this Kingdome of England to the evil and pernitious example of all others in the like case offending and against the peace of our said Soveraign Lord the King his Crown and Dignity to this Indictment the said Thomas Knox and Iohn Lane by their Attorney plead that they are not Guilty nor either of them is Guilty of the offence aforesaid and further withal put themselves upon the Country and the Kings Attorney likewise And your charge is to inquire if they are Guilty or not Guilty c. Clerk of the Crown Make an O yes Cryer O yes If any one will give Evidence on the behalf of our Soveraign Lord the King against Thomas Knox and Iohn Lane of the Misdemeanours and offence whereof they stand indicted let them come forth and give their Evidence Then Trenchard Esq of Counsel for the King in this Cause opened the Indictment thus Mr. Trench May it please you Lordship and you Gentlemen of the Jury Thomas Knox and Iohn Lane stand indicted for a great and high Misdemeanour and the Indictment sets forth that whereas Coleman Ireland Pickering and Grove and other false Traitors did conspire to destroy the King and change the Religion established by Law to levy War against our Soveraign Lord the King and to introduce Popery and for these Treasons were convicted attainted and executed and further sets forth that the Lord Powis Lord Arundel of Warder and others were accused of the said Treasons and were committed to the Tower and afterwards were impeached for the same by the Commons in Parliament Assembled as also that Thomas Earl of Danby was impeached of High Treason and other Misdemeanours that the Defendants knowing Mr. Oates and Mr. Bedloe had given Information of these Treasons to stifle the Evidence and to scandalize them did falsly conspire to represent them as wicked persons and men of no credit And the Indictment further sets forth that the Defendant Knox with the agreement of Lane and one Osbourn did cause several Letters to be writ in which it was contrived to accuse the said Oates and Bedloe that they had conspired falsly to accuse the said Earl of Danby and that Oates was a person of a vitious conversation and had a design to attempt an assault upon the person of the said Lane with an intention to commit that detestable sin of Sodomy the better to effect which wicked designs the said Knox gave several sums of money to Osbourn and Lane and had offered great rewards unto them To this Indictment they have pleaded not Guilty and you are to try whether they are Guilty or not of this Misdemeanour Then Sir Iohn Maynard the Kings eldest Serjeant at Law persued the charge thus Mr. Serj. Mayn May it please your Lordship and you Gentlemen of the Jury this cause is of great consequence and my Lord I desire the Jury to observe that their question this day is not to inquire whether the Lords or the other persons accused and impeached in Parliament are Guilty or not but the question before them is whether the persons that stand here indicted are guilty of wicked and vile endeavours to discountenance and suppress the Evidence and scandalize their persons who were to give Evidence against these Lords we are not to give Evidence against the Lords but against these persons L. Chief Iust. You are right Brother Mr. Serj. Mayn Gentlemen something I must observe to you that is an inducement to this matter that there hath been an horrid and abominable Conspiracy against the King the Nation the Religion and the Law appears my Lord by the proceedings in Parliament wherein the Lords and the Commons have several times joyntly declared and I think 't is so publick that no body will doubt there is such a thing who is guilty that is another matter L. Cheif Iust. This Court must take notice of that because some have been tryed convicted and condemned for it by this Court Mr. Serj. Mayn Your Lordship says right But my Lord the first discovery of this Conspiracy came from a single person one that stood single and discouraged a long time and that there were endeavours to discourage his further discovery that will appear My Lord when it stood so it happened that Sir Edmondbury God frey had taken his Examination and these things will be material in the end of the Cause Sir Edmondbury Godfrey having taken the Examination of Oates then the endeavour was to suppresse this Examination that he had taken and that by no less a wickednesse then the barbarous murder of that honest Gentleman whom you all knew and they not only took away his Life but they did strive to baffle and defame him when he was dead and that will appear too and is publick and known My
a Friend of mine saw you go in the other day But Knox did positively deny it that was all that ever I heard of his correspondence with my Lord of Danby After this when her Ladiship came to me to ask me what condition he was in to prosecute the Tryal I told her I believed his condition was very mean and it would be very acceptable if he might or could be furnished with Money Well said she I will take care of it and give an account of it to my Lord and he shall be furnished And in the mean time if Mr. Knox wants money be sure you take care and furnish him but you need not let it be very considerable till you see what is raised Some time after this Mr. Knox came to Mrs Celiers House to ask for me I was then in my Chamber but not ready he came up to me and told me said he Really I am very poor I am going to pavvn my Sword or something to that purpose can you lend me five pounds Really Mr. Knox said I I will tell you the Affidavit that you read to me I have given an account of it to my Lady Powis and I suppose some other Persons of Honour have had an account of it also I am satisfied they are and that the Lords in the Tower will take care that Money shall be raised for your prosecuting of Mr. Oates He seem'd to smile at this but said he if this should be known it would be very prejudicial to the Business and spoil it but yet however if you can furnish me with Money at this time you will do me a great kindness for I have very great occasion I told him said I I have not so much Money by me you come at an unseasonable time though indeed I told him a Lye but I thought it not safe to part with Money without further order Mr. Knox went away and I gave an account of it to Mrs. Celier who went either every day or every other day to the Tower I told her what Mr. Knox said and I do believe as she told me afterwards she told my Lady Powis of it and Mrs. Celier seem'd to be angry that I did not let him have the Money and order'd me that at what time soever after that Mr. Knox should come to me I should let him have what Money he wanted Some time after this Mr. Knox did come to me and said his condition was very mean and you told me said he that care should be taken by the Lords in the Tower to furnish me with Money Said I Mr Knox I can let you have 30 or 40 s. if that will do you any kindness I have no order for any sum at present but as soon as it comes it must come to you through my hands and it must pass as if I lent it you and you shall give me a Note for it to repay it lest any thing should come to be discovered and coming to Mr. Oates hearing should prejudice the Business though I had been too forward before in giving Mr. Knox an account that the Lords in the Tower would contribute to this Business At that time I went up stairs and fetch'd down 40 s. and gave it him He came afterwards and would have borrowed more of me at other times once or twice after that but I did not furnish him for I had received no order to furnish him any further And this my Lord is all the correspondence I had with him and as near as I can remember I have given nothing in but what is a very true account of the Transaction Sir Fr. Win. My Lord I crave one Question of him if he have done After the Papers were corrected and written fair and enlarged upon by the several persons did you read them and what were the contents of them Mr. Dangerfield My Lord I did not read them nor did I draw them but I do believe that the contents were the same for substance with the Affidavit that Lane made before Sir Iames Butler Mr. Williams Sir you mention several sums of money that you paid to Knox and paid to Lane pray where had you this money Mr. Dangerfield The 40 s that I gave to Knox it was my own money but if I must give an account where I had it I believe it came originally from the Tower Mr. Williams The Ten Shillings a week whence came that Mr. Dangerfield Sometimes from the hands of my Lady Powis at other times from Mris. Celier sometimes from Mr. Wood and sometimes from my self and I placed it to accompt Mr. Serj. Maynard If your Lordship please we will now proceed to another part of our Evidence Mr. Williams About what time were they to Endict Mr. Oates Was not this project on foot when the Presbyterian-Plot was on foot Mr. Dangerfield My Lord I don't know what time but it was by my Advice to be done this Term and so did Nevil advise too Mr. Serj. Maynard My Lord I would read some of the Memorials or Informations that they were to Swear against Dr. Oates concerning the business that you have heard Lord Chief Iustice. Would you have them read Brother Mr. Serj. Maynard Yes my Lord. Lord Chief Iustice. Who proves them Then the Iustices of Peace Swore them Mr. Justice Pemberton Sir William Waller Did he confess he left them with my Lord Latimer Sir William Waller These are the Papers that were confessed to be carryed to my Lord Latimer Mr. Warcup Osborn did Swear That the Informations marked 1 2 3 4 5 were all of his own hand-writing and were dictated by the said Knox. Mr. Just. Pemberton And he did confess That these were the Informations that he had delivered to my Lord Latimer Mr. VVarcup Yes he did so Mr. Serj. Maynard It will lie on his part to prove that they were true Mr. Just. Pemberton Which will you have read one or all of them Mr. Serj. Maynard One or Two take Knox's first Which was Delivered to the Clerk of the Crown who Read it in haec verba Numb 1. The Information of Thomas Knox sworn before me this day of 1679. THIS Informant doth upon his Oath declare that on the first of this present April there came one William Osborne to the Informant in the Painted-Chamber in Westminster and told to him the said Informant that he had somthing of moment to reveal to him and did also desire the Informant to go with him into the Abby and he would reveal it to him upon which the said Osborne and the Informant being together the said Osborne did tell the Informant that his Conscience was mightily troubled for that he found the Lord Treasurer was maliciously prosecuted by Mr. Oates and Mr. Bedlow for that he having been a servant to Mr. Oates and had often heard Mr. Oates and Mr. Bedlow consult together in Mr. Oates his Chamber in Whitehall and resolve how they might contrive a way whereby to destroy my Lord