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
before he went away Mr. S. Oates I can only speak as to Osborne as to the thing it self Mr. Attorn Gen. Did you ever hear him say which way he did intend to get this Thousand pounds Mr. S. Oates No I do not remember that but upon these scandalous things coming out I was considering what he had said and how he behaved himself in his service and upon recollection I did think of this saying of his Mr. Iust. Pemberton Ay he recollected it afterwards Mr. Williams Speak those words over again as near as you can remember Then Mr. S. Oates repeated his Evidence to the same effect Sir Francis Winnington What is that of Osborne that you can say Lord Chief Iust. What does that signifie to these Defendants Sir Francis Winnington Although he is not a party that does defend this matter yet it is all one intire Act that they three were in combination to corrupt the King's Evidence and to stifle it and though so far as it does relate of Osborne it will not convict him being absent yet it will inlighten the King's Evidence about the Conspiracy for he is mentioned in the Indictment Lord Chief Iust. Well if you think it material you may ask what questions you will about it Mr. S. Oates I was asking Osborne a little after he was let out of the Gatehouse how he came to repent himself Lord Chief Iust. Who had repented himself Mr. S. Oates Osborne Lord Chief Iust. Had Osborne repented himself of what Mr. S. Oates Of what he had given an account of before the Committee Mr. Iust Pemberton Do you know any thing of that Mr. S. Oates I know nothing but what they did say upon their examination L. C. Iust. Were you by and present at their examination Mr. S. Oates I heard nothing but what they said for themselves I was at some part of their examination M. Iust. Pemberton What did Knox and Lane say Mr. S. Oates Osborne was a saying that as we walked said he in the Cloisters of the Abbey where he did dictate what we were to do L. C. Iust. This is no evidence Shall what Osborne says at one time and apart from the rest be any evidence here Mr. Recorder No my Lord we offer it only as an evidence of the general Conspiracy L. Chief Iust. Osborne is a telling how Knox and Lane and he did conspire and contrive this business is this evidence against these Defendants I ask my Brother Maynard Mr. Serj. Maynard My Lord if this were single clearly it were no evidence but if it fall out in the evidence that we shall prove Osborne Knox and Lane were all in the Conspiracy though it is not direct evidence to convict the other yet it will inlighten that evidence we give against them Lord Chief Iust. Why did you not make Osborne a party Mr. Serjeant Maynard He is laid in the Indictment to joyn with them but he is run away Mr. Iustice Pemberton My Brother intends it thus that the business is so interwoven between them all that to make it be understood it is necessary to bring in something about Osborne Mr. Sanders I pray they may bring something against them first Lord Chief Iust. Ay the Counsel say very well on the other side first prove some fact against Knox and Lane and then prove what you will afterwards Mr. Serjeant Maynard It is an inducement to it but I beseech you in all cases that are capital are not the King's Counsel at liberty to prove circumstances as well as the substance Lord Chief Iust. The Court will direct it is no evidence against the now Defendants unless you prove the fact upon them Mr. Serj. Maynard Unless we do bring it down to Knox and Lane afterwards that they were guilty it will not be any evidence I know Mr. Holt If it be not evidence we conceive with submission to your Lordship it ought not to be heard Lord Chief Iust. Prove something first Brother against the Defendants and then urge this Mr. Recorder They need not labour it on the other side we shall We agree it is no evidence against the Defendants but only circumstantial as of the general Conspiracy L. C. Iust. But pray how can it be circumstantial evidence and yet no evidence Prove the Conspiracy or it signifies nothing Mr. Serj. Maynard If it be circumstantial to make good the evidence of the fact it will be material for us to urge it L. C. Iust. But first prove the fact Mr. Recorder We shall now prove if your Lordship please that Knox who is one of the persons Indicted hath made his applications to others that had relation to Dr. Oates to endeavour to perswade them to pick out something or other against Dr. Oates Call Thurston and Ray. Mr. Serj. Maynard My Lord we shall first go to the substance of the evidence and then the circumstantial thing will be material which before were not material L. C. Iust. Now you go right Brother Mr. Serj. Maynard We shall go this way to shew that Lane and Osborne did accuse Dr. Oates and after they had accused him they were convicted in their own Consciences and did confess they had falsely accused him and afterward did repent of that repentance and that Knox had an hand in all this L. C. Iust. I think you have not opened that clear enough before whom was that accusation Mr. Serj. Maynard Before the Lords and before Sir William Waller Mr. Recorder For they were in the Gatehouse and there they sent for Sir William Waller to come to them and there did confess the matter to him whom we desire may be sworn Which was done accordingly Sir William Waller My Lord upon the 29. of April during the Sessions of Parliament there was a Committee of Lords appointed for the taking instructions about this Plot being there attending upon the Lords this complaint of Mr. Oates was brought before them of the horrid abuse of two of his Servants And the Lords were pleased to order Mr. Warcup and my self to take their examinations L. C. Iust. What two Servants were they Sir William Waller They did belong to Dr. Oates L. C. Iust. VVhat were their Names Sir William Waller Osborne and Lane L. C. Iust. VVhat found you upon their examination Sir William Waller Upon the Examination of Osborne and Lane I did find they did agree together to a tittle L. C. I. Then tell us Lane's Evidence first If they agreed in a tittle tell it us what it was Sir W. Waller My Lord Mr. Lane did confess this L. C. I. What upon his Oath Sir W. Waller Yes upon his Oath my Lord. L. C. I. To you Sir W. Waller Yes my Lord that he had been induced by Mr. Knox to betray his Master and for to swear several things against him which Knox had drawn up and dictated to him He did not write them himself but Osborne writ them and he did Sign them There were four Letters that
Why Slightam For two he said were better than one Sir Fra. Winn. I think you say you had three half Crowns given you by Knox pray who was the first that offered you money to carry the Notes Slightam It was Knox. Sir Fra. Winn. Ay he carried the Purse Slightam Yes I suppose he did Mr. Iust. Iones They were both in the Gate-house Prisoners at that time Slightam Yes so was I. But they were lock'd in several Rooms and none could come at them L. C. I. But you carried no Note nor Messages upon your Oath Slightam No. Mr. Williams Pray call Mr. Dewy who was sworn Pray Mr. Dewy will you acquaint the Court and the Jury what discourse you had with Knox who he came from what he came about and what recommendations he brought with him and from whom Mr. Dewy My Lord sometime in the sitting of the last Parliament that began in March about ten a clock at night a Message was sent in to me that one would speak with me from my Lord Latimer I was either in bed or going to bed and I did not think there was really any such Message because my Lord Latimer did not know me nor I him They were very pressing to come in insomuch as my man could hardly keep them out I told them there was nothing sure of so much haste but what might be done to morrow or some other time so I spoke not with them that night Either the next day or some short time after as I remember Mr. Knox came to me with another Gentleman and he brought Papers in his hands ready written he told me that they were Informations of one Lane and Osborne as I remember those were the names he mentioned then and they were against Mr. Oates Then I began to look upon it as something extraordinary the Parliament being then sitting and the Committee of each House having the Examination of this business Said I Mr. Knox you have been a Justice of Peace's Clerk for I knew him so and you know 't is very unusual to take Informations against a person without the parties being present if he may be had to cross-examine the Witnesses upon Interrogatories as the Case may be and besides this looks as if it were to take Informations against the King which we never do upon Oath So I dismissed them and directed them to the Committee of Secrecy of the House of Commons for whom it was most proper This is all I know of this business Mr. Williams Did Mr. Knox tell you any thing what was contained in those Examinations Mr. Dewy Yes he did give me some information that Osborne and Lane did repent of something but I can't give you information particularly Mr. Williams Pray tell the substance of it Mr. Dewy I can't remember what the particulars were but Lane and Osborne were the parties to be examined and I shifted them off as well as I could L. C. I. Did they come along with Knox Mr. Dewy They were not in my Room but they were without I believe L. C. I. And did he tell you at the same time that they had recanted Mr. Dewy Truely my Lord I can't well remember but he said they repented of what they had falsely accused my Lord Treasurer of L.C.I. Did they say they had falsely accused Mr. Oates Mr. Dewy No they did charge Mr. Oates with some Crime and they did speak something of false accusing I can't remember what L.C.I. Did not they say Mr. Oates Mr. Dewy I remember it now it was as if Mr. Bedloe and Mr. Oates had made a Conspiracy against my Lord of Danby Sir Fr. Win. I think you say you knew Mr. Knox a Justice of Peace's Clerk Pray Sir you are an ingenuous man from whom did he pretend to come to you Mr. Dewy He came to me from my Lord Latimer as he said Sir Fr. Win. Did he say so that the Lord Latimer wished him to go to you Mr. Dewy Yes and I wondered at it because I did not know my Lord nor my Lord me Mr. Withins When was this Mr. Dewy It was the latter end of April or the beginning of May as I take it I do not very well remember but the substance of it I remember was that they had over-heard Mr. Oates and Mr. Bedloe conspiring against my Lord of Danby L.C.I. Mr. Dewy can you remember whether they did come to give you information against Mr. Oates for abusing their Bodies or Oates and Bedloe's Conspiracy against the Earl of Danby Mr. Dewy Truely my Lord I can't be positive in it for the Parliament was then sitting and I shifted them off Mr. Iust. Pemb. You never looked into the Information at all Mr. Dewy No I did not I thought it not proper for me Mr. Recorder Call Henry Wiggins and his mother who were both sworn Mr. Att. Gen. Come on Mr. Wiggins what do you know of any endeavours of Knox or Lane or any of these persons to take off or scandalize Mr. Oates or Mr. Bedloes Testimony L. C. I. What is this mans Name Mr. Att. Gen. Henry Wiggins Wiggins About the latter end of February last Mr. Knox and I met at Charing-cross and we went in and drank together and he proposed several things to me first he desired that I would get for him a Copy of the Papers my Master had L. C. I. Who is your Master Wiggins Mr. Bedloe And especially what concerned my Lord Treasurer as also to take a Journal of all my Masters Actions and the Names of the persons that came to him for said he my Lord hears that my Lord of Shaftesbury and the Duke of Buckingham do cabal with him against my Lord. But if my Lord could but find out his Enemies he would oppose them and strive to baffle them My Lord to encourage me to this he told me he would carry me to his Lord though it were at mid-night to discourse with him L. C. I. What Lord Wiggins My Lord Treasurer and he said he should give me incouragement to go on Said I Does my Lord know of this Yes said he I told my Lord I had a friend lived with Mr. Bedloe and he gave me incouragement to go on and Treat with him And he said moreover my Lord Mr. Oates and Bedloe were two great Rogues that the King believed not a word they said and as soon as he had heard all they could say they should be Hanged Mr. Williams Pray did he propose any Reward to you Wiggins He told me his Lord should give me encouragement L. C. I. What should you do Wiggins He desired me to give my Lord the Papers and then my Lord should tell me what I should do about my Master Sir Fra. Winn. What did he say of Oates and Bedloe Sir Wiggins He said That Oates and Bedloe were great Rogues and that the King knew them to be so and when he had heard what they could say he would hang them Mr. Williams Pray upon your Oath