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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
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