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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
course of Justice to ask whether these persons should not have money for the reward of such a business we shall prove that there were treaties with Mr. Lane and one Mr. Osborne who is not Indicted but was likewise a Servant to Doctor Oates and had thereby an opportunity of deceiving him that they had meetings how Guineys have been cunningly dropt down which was to prevent as I was acquainting your Lordship any such question that should be asked what moneys and rewards they were to have for this great discovery of any wickedness that Mr. Oates should be guilty of Mr. Knox he prepares them in this manner At every meeting when they were discoursing and pursuing this business then by some unlucky accident or other Mr. Knox he is to drop a Guiney or two according as Mr. Lane and the other person had occasion or a desire to have it but none were to be given but as by accident as if Knox holding his Guineys in his hand or in some other accidental way should drop them and then Osborne and Lane were to pick them up in a kind of a jest only as if Knox had accidentally let them fall and they had as accidentally taken them up How this came to be discovered we must give you an account Matters being thus prepared by the instigation of Knox and transacted so far by Lane and Osborne they thought it then fit to put their design in execution Accordingly their Informations are produced before a Justice of Peace who finding the matters were improbable for I think they had some scrutiny before the Justice of Peace and before the Lords Committees of the Lords house one of them Gentlemen though now he is pleased to say he is Not Guilty yet at that time had a little more ingenuity and did confess the whole matter and how he was drawn in and how far he was concerned and how Mr. Knox had directed him and the money and rewards he had received and that besides divers other summs of money had been promised and great rewards offered in case this design had taken effect We shall call our Witnesses before your Lordship and give in Evidence the Informations that they had intended to offer and if we shall prove the matters that have been opened to you I believe the consequence of this case will appear as much to concern the Government as any that hath come to this Bar. Sir Francis Winnington My Lord If your Lordship please we shall now go to prove our Case the Question was asked whether they would admit the several Attainders of those persons that have been executed for this Plot. I now ask them whether they will admit the several Impeachments that are also mentioned in the Indictment both of the five Lords in the Tower and also of the Lord of Danby Mr. Withins and Mr. Scroggs Yes we do Mr. Iustice Pemberton All that they will allow Mr. Recorder Then we begin with Mr. Radford Who was sworn Mr. Attorn Gen. What is your name Sir Mr. Radford Robert Radford Mr. Attorn Gen. Come on Mr. Radford tell my Lord and the Jury what you know concerning this business about Lane and Knox. Mr. Radford Sir if it please your Honour R. Lane Father of Iohn Lane was a Yeomen of the Guard extraordinary and I am one of his Majesties Yeomen of the Guard As he was in waiting he was telling me a story Lord Chief Iust. Richard was Radford Yes Richard the Father was telling me that Doctor Oates did attempt his Son many times to do such and such things to him that was in the way of Buggery said I Richard I am ashamed of you that you should cherish your Son in such things as these are so I went away in an anger and told him that if he were my Son I would correct him severely for it and said no more knowing him to be a lying fellow and all the whole Guard know him to be a lying fellow and that there is no truth in him Lord Chief Iust. All who Radford All the Guard and that is all I can say Mr. Iustice Iones When was this Radford Above a twelve moneth ago And I knew that he was a lying man and I durst not speak of it because I knew he was so and was afraid he would have put it upon me Lord Chief Iust. What he told you that his Son told him so Radford No he told me only that his Son was weary of Doctor Oates his service and I told him that he was come away once before and why did he go again he said his Son could not be quiet Lord Chief Iust. Did he say his Son told him The question is plain Did he speak it of himself and not that his Son told him Radford He said only that he had attempted his Son Mr. Attorn Gen. My Lord we will call Thomas Allen. Who was sworn Lord Chief Iust. What is this mans name Mr. Attorn Gen. Mr. Allen my Lord. What do you know of any application to bring this Lane into Oats's service Tell your whole knowledge of the matter Mr. Allen My Lord about the month of December last when he was gone out of Doctor Oates his service Lord Chief Iust. Who was gone out of Doctor Oats's service Allen ●ane he desired me to intercede for him again and again and accordingly he was admitted into his service again Mr. Attorn Gen. Did you hear any discourse before this of any attempt upon him Allen How attempt Mr. Attorn Gen. Did you ever hear of any complaints made by Lane against Doctor Oates Lord Chief Iust. Did you ever hear Lane complain that his Master would be uncivil with him Allen No I remember nothing of that Mr. Recorder Now if your Lordship please we shall give your Lordship an account that when he was admitted again he bragg'd he should get a great summ of money and for that we call Mr. Samuel Oates Who was sworn Lord Chief Iust. Are you brother to Mr. Oates Mr. S. Oates Yes Sir Mr. Attorn Gen. What do you know of any summ that this Mr. Lane did pretend to get and on what account Mr. S. Oates My Lord about a matter of a fortnight before he went away from my Brother I was in the withdrawing-room Lord Chief Iust. How long is it ago since he went away Mr. S. Oates It was in April last as near as I can remember Lord Chief Iust. Well go on Sir Mr. S. Oates So there were several Servants in the room and they were talking and laughing together and he was wishing said he I wish I had a Thousand pounds said some of them to him what would you do with it said he I would take it and fling it upon the ground and tumble it says one of them you may wish long enough before you have it I que ion not says he but ere long to find a way to get a Thousand pounds Mr. Recorder Do you hear him Gentlemen This was a fortnight