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
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
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
were brought before us there were three or four Memorials as they called them three or four Informations which were those Papers that they carryed to Mr. Cheyney to Chelsey L. C. I. Who carryed them Sir W. Waller Knox took Osborne and Lane with him and carryed them thither as Lane swore And when they came thither and he was acquainted with the business he looked upon it as so foul and notorious a thing that he would not meddle with it but he advised them that they should go because Knox pretended the Lord of Danby was much concerned in it to some other Justice of Peace or some of the Privy Council that were Friends of my Lord of Danby L. C. I. Knox advised this did he Sir W. Waller No they said Mr. Cheyney did They went afterwards and they did all confess it to Mr. Dewy and M. Dewy gave them the same Answer that he could not meddle with it and after this Mr. Knox went and took several Lodgings for them fearing that Dr. Oates would hunt after them and one Lodging amongst others was I think the Three Flower-de-Luces in White-Fryers And afterwards they removed to a place in the Paved Alley betwixt Lincolns-Inn Fields and Chancery-Lane During which time Knox did bid them stand firm to what they were to do and they should not want for a considerable Reward and have wherewithal to maintain them with their Footmen and live very well And my Lord Lane did confess this that he brought Mr. Osborne to Knox first into the Painted Chamber and made them acquainted there And my Lord there is one thing that I omitted Mr. Lane did confess to me that Mr. Knox did at the One-Tun-Tavern I think it was drop a Guinney upon the Table and said I will not give it you because now I can safely swear that I never gave you any Money but be sure you stand fast to these Informations and to what I have dictated to you and you may be sure you shall be well rewarded for your pains And he told them this more My Lord Treasurer would never have surrendred himself to the Black Rod unless you had promised to stand fast to this Evidence that was to swear to what Evidence he had dictated to them L. C. I. Did Lane produce the Informations and those things that Knox tempted him to swear Sir W. Waller My Lord they were produced before us L. C. I. What were they What was the substance of them Sir W. Waller One part was to swear that M. Bedloe should come to Mr. Oates and say to him That my Lord of Danby should offer him a considerable Sum of Money to go beyond Sea L. C. I. To whom Sir W. Waller To Bedloe And that was only considerable as relating to Mr. Bedloe in any part of the Examination but as to Mr. Oates they were to accuse him of having a design of abusing his Body for he sent to me L. C. I. Who did Sir W. Waller Lane sent twice Upon his first Examination he did seem to be very shy but upon the second he sent one Rix to me one of the Yeomen of the Guard to let me know that he was troubled in his Conscience at what he had unjustly done in charging Mr. Oates and that he was desirous to discharge his Conscience of the burden that lay on it and to wave his own Reputation that he might acquit the Innocent L. C. I. Why where was the Villany done that he repented of Sir W. Waller My Lord it was in reference to his swearing against Dr. Oates L. C. I. Where before the Lords Sir W. Waller He was brought that very Morning before the Lords but notice being come that the King was come in and the House was sitting he was remanded and afterwards sent Rix to me to tell me he was sensible of the Injury he had done to Dr. Oates and would make a Confession of all L. C. I. Where had he done him Injury Sir W. Waller In reference to those Abuses that he had offered to swear and I think had sworn but before whom I don't know I suppose you will have an account of that by and by L. C. I. So then this is the Substance of what you say as to Mr. Oates That Lane sent to you and shewed you several Papers and Informations against the Credit of Oates and Bedloe and told you that Knox did tempt him to justifie this and swear it and that he went with them to a Justice of Peace in order to do it but he did not care to meddle with it and bid them apply themselves elsewhere and afterwards they came to you and whether it was sworn or no you cannot tell but you say he did confess he had wrong'd Mr. Oates in those Scandals that he would have put upon him and that this was by Knox's advice and direction Sir W. Waller But there is this thing further he said truly that Mr. Oates would be something hasty and passionate but that he was very religious and was very constant in sending his Servants to Prayers and that what he had accused him of it was an abominable falshood and was done by the instigation of Knox who had incouraged him to it by the promises of a great Reward Mr. Iust. Pemberton And it was he that told you of the dropping of the Guinney was it not Sir W. Waller My Lord he did confess that himself but he said he lent it Sir Fr. Winnington Pray did Lane confess to you from whom this Money and Reward was to be had for he was not a Person that was likely to bestow so much Money of his own Was it from any of the Conspirators or from whom that the Rewards and this Money should come upon your Oath Sir VV. VValler I have examined them many times as to that but could never learn any thing Mr. Iustice Pemberton Sir VVilliam VValler was Knox ever before you Sir VV. VValler Yes my Lord I took his Examination and it was only to excuse himself that he received the Letters from them which they said they writ out of trouble of Conscience and would have him to take their Examinations and to go along with them before a Justice of Peace L. C. I. That was Knox's defence Said he they came to me and I did not go to them but they desired me to go along with them to a Justice of Peace Mr. Iustice Pemberton Did you let him know what they had said to you Sir W. Waller No my Lord I kept that private but there is one thing very material That Morning we took Knox's Examination we were so long about it that we could not dispatch it in the Forenoon and therefore ordered Lane to be brought before us in the Afternoon and then did Knox write a Note and sent it up by a Woman that was a Nurse there in the Prison and there was a Paper conveyed through the Door to him to this purpose We paid our L. C. I.
Who writ that Note Sir W. Waller Knox did and confessed it to me L. C. I. To whom was it convey'd Sir W. Waller To Mr. Osborne from Knox. And it was We always paid our Club Mr. Sanders How do you know it was from Knox Sir W. Waller He confessed it Mr. Sanders Did he shew it you Sir W. Waller No I did not see the Note but he confessed it Mr. Iust. Pemberton Pray Mr. Sanders don't interrupt them they are in their Evidence Mr. Serj. Maynard They must do that for that is the best part of their Defence for ought I know Sir W. Waller The words my Lord were these We always Club'd and you paid two Shillings at the Sugar-Loaf Tear this L. C. I Why what could this be Sir W Waller Why I will tell you my Lord it was upon this account that he should not gainsay what he had confessed and agreed to that so they might not be in two Stories Mr. Serj. Maynard My Lord Osborne and Lane had formerly accused and given some Informations against Dr. Oats afterwards you see what happened before Sir W. Waller they renounce what they had done and then my Lord was Knox imprisoned and thereupon he writes this Note We always Club'd together and you paid two Shillings at such a place the Circumstances will come out by and by They met at several Places and we shall prove that Knox bore their Charges and paid for them though by this Note he would make it that they bore their own Charges M. Iust. Pemberton The succeeding Evidence will open it Sir W. Waller My Lord here is one thing more that I had forgot Lane did confess that for the preventing of any Discovery of this horrid Fact it was agreed amongst them that if any one should make a Discovery of it the other two should murder him M. Solicit Gen. We desire that the Jury may observe that Sir W. Waller He did likewise declare that the Lords in the Tower would not be wanting to acknowledge the kindness in Disparaging the Kings Evidence Mr. Iust. Pemberton That was Lane and Osborne did confess that Sir W. Waller Yes both Lane and Osborne swore it positively Sir Fr. Winn. If you have done as to Lane pray acquaint my Lord and the Jury what you know of the Confession of Knox upon his Examination Sir W. Waller Knox confessed not any thing but stood stiff to it that the Papers and Letters were written by them and contrived by them M. Iust. Pemberton And that what he did was at their request Sir W. Waller Yes but the rest did both confess that what was done was wholly by the contrivance of Knox. L. C. I. Did you ask Knox if he had dropt a Guinny Sir W. Waller My Lord he confess'd he had dropt a Guinny but it was only to lend them and they promised to repay him and that one morning he dropt 10 s. upon the bed and they took it up L. C. I. Knox said he only lent it Sir W. Waller Yes but they positively swore both the one and the other M. Iust. Pemberton What said Knox to that Sir W. Waller He lent them only L C I. Well go on Sir Sir W. Waller And Lane did positively confess that at all the Places and the several Lodgings and the Treaties and Entertainments they had been at they were all at Knox's charge except twice which might amount to about 18 d. and that he paid L C. I. What said Knox to it Sir W. Waller He denied all Mr. Iust. Pemberton As to the manner of it what said Knox to the dropping of it Sir W. Waller He confess'd he dropt it but only lent it them Sir Fr. Winn. You say Lane was a servant to Dr. Oates pray whose servant was Knox Sir W. Waller He did belong to my Lord Dunblane And moreover M. Knox did confess to me that the Papers so drawn up and delivered into his hands had been in the custody of my Lord Latimer for a long time Sir Fr. Winn. Did he so I hope the Jury will believe him then L. C. I. Sir W. Waller does swear that Knox confessed that all those scandals raised against Dr. Oats had been by his hands delivered into the hands of my Lord Latimer and were there for some time Sir W. Waller Yes my Lord. Sir Fr. Winn. I did not well hear you Sir one thing you were saying in the beginning of your Evidence that these Gentlemen spoke of my Lord of Danby's not Surrendring himself pray let us hear that over again Sir W. Waller Mr. Lane said this that my Lord of Danby would not have surrendred himself to the Black Rod but that he did depend upon their standing to what Informations they had given in L. C. I. Upon your Oath Lane did say this Sir W. Waller Yes my Lord. Mr. Serj. Maynard My Lord now we will call another Justice of Peace that took their Examinations and we shall then particularly apply our selves to Mr. Knox that seems to make these excuses for himself Call Mr. Justice Warcup Who was sworn Mr. Warcup I must beg the favour of the Court because my memory is bad that I may refer to the Informations that were taken before me M. Iust. Pemberton You may look upon them for the refreshment of your memory Mr. Warcup I answer to every part of this that hath my Hand to it I desire it may be read Mr. Recorder No that can't be you must not read them but only refresh your memory by them Mr. Warcup This Iohn Lane did confess he lived with Dr. Oats and about the 7 th of April he left him and while he lived with him he said he sent his Servants dayly to Prayer in the morning to the Chappel and left but one at home to Dress him and whilst he was with Dr. Oats he was never charged by his Master with the opening of any Letters and that the Informations marked 1 2 3 4 5. Mr. Williams Pray Sir acquaint the Court as far as you can by your memory Mr. Warcup Lane my Lord before me deny'd all that he had said that is that what he had said before the Lords was true but that particular Examination before Sir VV. VValler was by him alone Sir Fr. VVinn Was he upon Oath before you Mr. VVarcup Yes I find he was L. C. I. Did you examine him after Sir VV. VValler or before Mr. VVarcup To the best of my remembrance it was before Mr. Iust. Iones He was upon his Oath there too Mr. VVarcup Yes and I must acquaint you I find it at the bottom to be Iurat He was brought before the Lords of the Committee for Examinations and did there likewise at first swear the things in these Notes contained and did afterwards come to the said Committee and beg their Pardon and Gods Pardon for what he had sworn for it was false L. C. I. Who did Mr. Warcup Lane did L. C. I. Did you hear him Mr.
did he offer you any money or any reward Wiggins He offered me not any particular sum but he told me I should have satisfaction and reward or any Place in my Lords disposal I should be entertained into if I went away upon this business Mr. Williams Did he say any thing to you to invite you or incourage you to Swear against your Master Wiggins No but he told me my Lord should give me directions how to go on Mr. Recorder What say you as to Lane and Osborne Wiggins I did not know them at that time Mr. Recorder What time after was it that you did know them Wiggins I met with them a little while after and they were discoursing all together but I had no discourse with them Mr. Recorder Did Knox at any time speak to you to bring him into the Company of Lane and Osborne Wiggins No Sir Mr. Recorder This was the first time you met with him about this matter Wiggins Yes it was L. C. I. What did you promise Knox you would do Wiggins I told him I would do him any service that lay in my power but nothing that would be to my Masters prejudice and I was appointed by him to meet him at my Lord Treasurers L. C. I. And what other meetings had you besides VViggins I was but twice with him L. C. I. You never agreed to any thing VViggins I told it my Master and it was discovered soon after so that the Lords came to hear it Mr. Att. Gen. Where is Mrs. VViggins What do you know of any endeavours to corrupt this Evidence Mrs. VViggins I know no more than what my Son knows he first came to my House L. C. I. Who Mrs. Wiggins Mr. Knox and asking me where my Son was I told him he lived with Mr. Bedloe and he said he very much rejoyced at it and desired to speak with him I told him No he could not for his Master had so much employment for him that it was very seldom I my self could get a sight of him Said he I have a little concern with him and he living with Mr. Bedloe may do my Lord Treasurer great service and doing my Lord Treasurer service he does his Majesty service for his Majesty loves my Lord Treasurer above all things in the world And he would not be contradicted but he would see him Then the next day I told him he should come and we appointed to go to him but he should not see him alone without me I told him he told me he desired it not He came according to the appointment and I carried him to Charing-cross to an Ale-house and there I sent a Porter for my Son and he came and the first thing he said to him was I am mighty joyful to know you live with Mr. Bedloe you may do my Lord great service In what says my Son In letting my Lord know what company your master keeps and what Lords they are that dayly and hourly keep company with your master and Cabal against my Lord. Said I Mr. Knox that is the way to bring my Son's neck to the Stake that he shall never do But says he I will tell him a way how he shall do himself no harm at all And then he up and told him he desired him to write him Letters when he found any thing of secrecy and set no Name to it and if he came at twelve a clock at night he would let him in to my Lord Treasurer's and no body should take notice of it and he would have had him taken a Coach to have gone to my Lady Danby presently to have an assurance from her mouth of encouragement and that he should have any Place in her Lords disposal L. C. I. Were you ever with my Lady Danby Mrs. Wiggins No we deni'd it and it was discovered And besides my Lord I told him if he would lay down my Son a thousand pound he should not do it he should not betray his Trust. And then he said that the King knew Mr. Oates and Mr. Bedloe to be two great Rogues and when he had got what he could out of them he would hang them Mr. Williams Have you had any offers of late not to come here as a Witness in this Case Mrs. Wiggins No my Lord but there have been persons three times at my house to know whether I were Subpoena'd yea or no as from Mr. Knox. Mr. Williams Did ever any body perswade you not to come to give Evidence Mrs. Wiggins No. L. C. I. When was this you speak of Mrs. Wiggins In February the latter end Mr. Serj. Maynard Mr. Dewy who came in company with Mr. Knox to you Mr. Dewy One Mr. Blayden Mr. Serj. Maynard Who is that Mr. Dewy Steward to my Lord of Danby I think Mr. Serj. Maynard Here is Slightam again my Lord. Mr. Att. Gen. What have you to say more Slightam Mr. Lane told me they had many Treats and had so much money a Guiney as I think he told me to swear against Mr. Oates L. C. I. Who gave it him Slightam Mr. Osborne or Mr. Knox I can't tell which L. C. I. Where did Lane tell you so Slightam In Prison L. C. I. In what Prison Slightam In the Gatehouse Mr. Williams Call Mr. Palmer who was sworn We call him to corroborate what that young man VViggins hath said Mr. Palmer What he hath told here he discovered first to me and I discovered to his Master that Mr. Knox would have had him to take a Journal of his masters actions and to give it him every day My Lord I am one of the Yeomen of the Guard and I waited upon Mr. Bedloe and he desired me to help him to a Clerk I helped him to VViggins this young man He had not been there three weeks or a very little time when Knox came to him to tempt him and being a stranger to his master he knew not how to discover it to him and told me Such a thing is offered to me but I am a stranger to my master and I know not how to break it to him L. C. I. The use you make of this is no more but onely to corroborate what he hath said that he told it him while it was fresh and that it is now new matter of his invention now Mr. Recorder It is very right my Lord that is the use we make of it Call Thomas Dangerfield who was sworn Mr. VVilliams Pray Sir give an account what you know concerning Mr. Knox and Mr. Lane and what designs they have had against Mr. Oates and who supported them and maintained them in it Mr. Dangerfield My Lord all that I have to say in this Case is this I do think it was in the Month of Iune I was at my Lord Castlemains and he asked me if I had been imployed in a business of Knox and Lane that were Prisoneâ—â— at the Gatehouse I told him Not. His Lordship then wrote a Letter to my Lady
are to answer to is this whether this were a malicious contrivance or no and for that we shall give your Lordship this Evidence That Knox was a young ignorant man and drawn in by Lane and Osborne to patronize their mischief they intended against Oates and Bedloe for my Lord Mr. Knox was not acquainted with them or had any thing to do with them till that they had contrived this matter among themselves for my Lord we shall call you Witnesses to prove that before Knox had to do with them they would have had another person to prosecute this business for them And if wel satisfie you that he was drawn in I hope it will acquit us notwithstanding I will observe to your Lordship and the Jury whether Lane be Guilty or not Guilty does not affect us if we were onely drawn into the contrivance L. Ch. Iust. Where ever Lane's Testimony stands single against Knox it is no Evidence Mr. Iust. Iones But if he was not in the Plot at the beginning but was drawn in and did after proceed with them as Dangerfield proves I doubt it will not acquit him Mr. Iust. Pemberton Consider a little your Case you say here was a Contrivance of two that Knox was not in the beginning but they offered it to others with whom it would not take why let Knox come in when he will if he does come into the Contrivance and takes the Papers and manages the business to fix these Scandals and encourage them to carry them on Knox is as guilty as all the rest Mr. Saunders But if these men come and tell him these things are true and we can swear them and so is drawn in it takes away the malice of the Contrivance L. Ch. Iust. This is the Use the Defendant Knox his Counsel make of it at first Knox was not acquainted with the matter and when he did come to understand it he thought it to be true as they affirmed it was true and said they we will go before a Justice of Peace and swear it he was willing there being a discovery of several Conspiracies against his Lord's Life as they said he being his Servant he was willing to prosecute the business and this is the Use they make of it Mr. Iust. Pemberton Come let us hear your Witnesses Mr. Scroggs Call Frances Lane and Mary Lane L. Ch. Iust. But I 'll tell you what it will be necessary to clear your selves as well as you can of those Papers that were delivered by Knox to Dangerfield and went about to the Lords in the Tower and afterward to Nevill and by him amended and after delivered to Knox again by Dangerfield this does shew as if you were concerned in the whole affair and in all the matter of the Information before it was cooked and after it was dressed You must give some account of that for that sticks strongly upon you Then Mrs. Frances Lane and her Daugher Mary Lane were Sworn Mr. Scroggs Mrs. Lane are not you Mother to Lane the Defendant Frances Lane Yes Mr. Withins Pray will you give an account what your Son said to you in February last Mr. Serj. Maynard We pray they may ask their Questions in general Mr. Iust. Pemberton Don't you point her to a time L. Ch. Iust. Answer me What hath your Son said to you at any time concerning Oates Frances Lane He spoke it about March. L. Ch. Iust. What did he say Frances Lane He used him uncivilly he had no mind to stay with him L. Ch. Iust. What said you Frances Lane I desired him to stay longer L. Ch. Iust. How often did he tell you this Frances Lane Several times L. Ch. Iust. He had left his Service once had he not Frances Lane Yes L. Ch. Iust. Was it before or after he left his Service Frances Lane Before and after too L. Ch. Iust. If he complained he had so used him before why would he go to him again Frances Lane Because the times were hard and I perswaded him L. Ch. Iust. Ay but would you perswade him after such an abuse of your Son as that Frances Lane I thought then he would not do so again Mr. Iust. Iones When was the first time he complained to you Frances Lane It was about Christmas Mr. Iust. Iones Was it before Christmas Frances Lane It was after Mr. Iust. Pemberton Consider here you bring Lane's Mother to accuse him to excuse your self L. Ch. Iust. But is this material Mr. Scroggs It is material to our Client Mr. Knox who was drawn in here by a couple of Rascals We prove that before this time which Justice Warcup and Sir William Waller have in their Informations they offered the same discovery to others L. Ch. Iust. Call them and prove it but you will never have the better name for calling them ill ones Mr. Scroggs We lay all upon Lane and Osborne who inveigled Knox. Mr. Saunders Pray Mrs. Lane tell the Court and Jury how and when your Son came acquainted with Mr. Knox. Frances Lane May it please you my Lord Osborn brings a Paper to our House and would have had my Son have read it but he could not so he read it himself and there were some desperate things in it L. Ch. Iust. What were they Frances Lane I can't tell they were concerning the King and the Queen and my Lord Treasurer L. Ch. Iust. When was this Frances Lane In March last at our House and I desired them they would not meddle with such things for I said they were things beyond them My Son promised me he would not meddle with it but let Osborne alone with it but said I pray go to one Captain Thewer he is a good civil man and a man of understanding So they did go as I directed them Mr. Iust. Pemberton Who went Frances Lane Osborne did Mr. Iust. Pemberton Who went with him for you say they Frances Lane Iohn Lane my Son L. Ch. Iust. Was there any thing particular in those Papers concerning Mr. Oates being guilty of Sodomy Frances Lane I cannot say in particular it is a great while ago but he went to Captain Thewer and he wish'd him after he had read it said he don't meddle with any of these things for it will be the worse for you L. Ch. Iust. As your Son told you you were not by F. Lane Yes they both told me so With that says Mr. Osborne I 'll find out one Mr. Knox who had been some acquaintance of Mr. Wiggins Mr. Bedloe's Clerk and so said he I will ask Mr. Wiggins if he be acquainted with Mr. Knox. L. Ch. Iust. Did your Son at that time know Knox F. Lane No my Lord he had never seen him at that time so my Son went and they found Mr. Wiggins and Mr. Knox walking in the Abby L. Ch. Iust. Was Lane with him then F. Lane He went with Osborne and came and told me Knox would not meddle with them L. Ch. Iust. Who came and told
you so F. Lane Osborne came and told me so and my Son L. Ch. Iust. You were not by F. Lane No not I but said he as he told me I will go to him again and afterwards he did meet him again as he said and delivered them to him Mr. Withins Did you ever see Knox in your life F. Lane I had never seen him then Mr. Withins Did you ever hear your Son say he did know Knox before that time F. Lane Never in my life Mr. Iust. Pemberton But you do not prove that they were not acquainted L. C.Iust Do you believe Osborne said true Mr. Saunders Mr. Saunders Not when he spoke to Sir William Waller to accuse my Client of the Contrivance L. Ch. Iust. In that case when 't is against your Client he did not but in other cases he might well go on Mr. Withins Which is Mary Lane M. Lane I am she Sir I can say no more then my Mother hath said I was by at the same time Mr. Saunders Do you know when Iohn Lane came acquainted with Knox was it before April last or after Mr. Iust. Pemberton How is it possible that any one can swear a Negative Mr. Saunders If we can't prove the Negative nor they the Affirmative it will be presumed they were not because it is not known Mr. Iust. Pemb. Nor do you prove any Informations before given to any one Mr. Saund. Yes to Thewer Mr. With. We will ask the Daughter about that F. Lane She can onely prove it by hearing it for she was sick Mr. With. Young Mrs. Lane what was there in that Paper that Osborne brought to your House M. Lane There was concerning the King and the Queen and my Lord Treasurer L. C. Iust. Was there any thing in it concerning Mr. Oates M. Lane Yes there was concerning his beastliness Mr. Iust. Pemb. Who read it M. Lane Osborne I did hear reade it Mr. Saun. Your Brother was not acquainted with Knox then Mr. Iust. Pemb. How can they tell that 't is impossible L. Ch. Iust. The nature of the thing is such that it can be proved no otherwise But it seemed to them that they were of no acquaintance it is hard to prove when an acquaintance begins Mr. Saund. And further then this we cannot go in such a case for that thing of the great sums of money certainly it was as little a thing as could be there was no more in the case then a Guiney and ten Shillings and three half Crowns as proved and he was cheated of them it seems for they would not do the work Mr. Scroggs 'T is an improbable thing that he should be so poor as to sell the Handle of his Sword and yet be ingaged in the management of such a Plot and not have money for it L. Ch. Iust. There is no great store of money appears to be given to Lane but he was kept upon a mean maintenance Mr. Iust. Iones But it was not without expectation of a reward Mr. Iust. Pemb. He tells you the wages was to be paid when the work was done L. Ch. Iust. And when the Roguery was discovered they had no more money then Mr. Iust. Pemb. When the business came to be controverted thus they had no reason to give it Mr. Saund. Though Lane had maintenance yet our Client Knox was not taken such care of still there was provision made for him but none for us because we were drawn in and did not contrive it Mr. Iust. Pemb. But remember Mr. Saunders by the same hand there was forty Shillings given at one time Mr. With. Well my Lord we have done We say that we had no part in the malice of the contrivance and therefore ought not to be punished with them L. Ch. I. Well Mr. Holt what say you for Lane Mr. Holt. My Lord I am assigned of Counsel for the Defendant Lane I have no Witnesses at all to examine but onely shall make some little Observations upon the Evidence that is given for the King As for the Indictment it self though it is not several Crimes but one complicated Crime yet the Evidence that is given is onely to one part thereof and therefore I submit it to your Lordship if the proof be proportionable to the Charge and whether the Defendant ought not to be found not Guilty There hath been great mention made of the writing Letters yet it would be hard that the Defendant should be found Guilty of such an Offence when the proof does not come up so high that would introduce a severer punishment then the crime proved would justifie Mr. Just. Pemb. Pray Mr. Holt don't go away with that I must set you right a little there the Crime that is laid is to discountenance the Kings Evidence and to make them that they should not be believed the means are several partly by casting of Crimes upon them partly by writing Letters that Crime is another thing and therefore if they do not find them Guilty of every one of the particular means yet the Crime must be found L. Ch. J. You are in the right thus far Mr. Holt they have laid in the Indictment that they endeavouring to disparage the credit of Oates and Bedloe have for money's sake and by promises and contrivances and writing of Letters wherein was scandalous matter against Oates and Bedloe they thereby did attempt to discredit them Now say you if this matter be not proved that there was any scandalous matter concerning Oates and Bedloe then the contrivance is not proved but what though all the Facts in the Indictment are not proved yet if there be enough to prove your contrivance to discredit them and if you suppose the Evidence true that is given it rests I think plainly upon your Client and you cannot get off from it but if there be not sufficient proof to maintain the Indictment for the crime of endeavouring to discredit Oates and Bedloe unless they prove the Letters also you say something but there is the business that sticks on you they have proved enough without that Mr. Holt. If the Jury do not find them not Guilty generally may they not find them not Guilty of writing the Letters L. Ch. I. No for if the other part of the Evidence did not amount to a proof of a design of disparaging their Testimony you had a very strong objection of it but if they lay five things and they prove but one of them upon you if that one serves to the disparaging of Oates and Bedloe which is the substance of the Indictment that maintains the Indictment Mr. Holt. It does so my Lord but not the aggravations L. Ch. Just. All that you say then is in mitigation of a Fine but if all be true that is proved upon your Client as I see no reason to doubt it you will save but little by this defence Mr. Holt. My Lord as to the matter it all depends upon the credit of the Witnesses and credibility of
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