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
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
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
Lord all this while stood Oates single it fell out by the Mercy of God that a further discovery was made by Bedloe he was examined and it is publickly known and publick Justice hath gone upon it The next attempt was to corrupt the testimony of Bedloe with Bribes and Rewards and by other ways and the person that transacted it Reading is attainted of it Scelere tutandum est scelus when men have invented and designed any great wickednesse they are forced to enter upon others to cover and conceal the former My Lord it proceeded now and comes to that which will be the Question this day Having gone all these wayes now they return again to see if they can disgrace and baffle the Evidence Oates and Bedloe had given and the way to that is by disparaging and scandalizing them with foul offences especially Dr. Oates and that was thus as we shall prove to your Lordship Lane had been a servant with Oates and the other was one of the like condition and he was tampered with to accuse Dr. Oates of that horrid sin of Sodomy and I think if he were such an one little credit were to be given to such a man This was the design they were to accomplish And we shall prove to you in order to it there were Letters written and contrived by Knox indeed written by Osbourn who is not now before you but a contrivance of them all And my Lord there must be a pretence for in truth these persons had been Examined and had charged him with this offence but upon further Examination they had renounced their discovery L. Chief Iust. Had they all given Evidence or who did Mr. Serj Mayn No my Lord pardon me I am not speaking of their Evidence but only of their Examination before the Lords L. Chief Iust. What was it that was there witnessed Mr. Serj. Mayn Then they pretended this matter that they were touched in Conscience and now they repent and must discover the truth for the truths sake that themselves were false in the making of the charge and this my Lord must be furthered with Bribes and Rewards as we shall prove to you We shall make out the particulars by Witnesses and then we think we may leave it to your Lordship and the Jury to determine In truth my Lord it happens in this case as it did long ago when the first discovery was of a like design and as is told us by the Historian Multi ob stultitiam non putabant multi ob Ignorantiam non videbant multi ob pravitatem non credebant non credendo conjurationem adjuvabant Then Sir Creswel Levins His Majesties Attorney General further opened the Evidence thus Mr. Attorn Gen. May it please your Lordship and you Gentlemen of the Jury I am of Counsel for the King in this Cause whose Suit it is The Evidence hath been opened fully by Mr. Serjeant I shall only say this that this is a Counter-part of Mr. Readings case only it seems in this to differ that the Counter-Part exceeds the Original for I think that it is of a further extent then his was It hath been told you by Mr. Serjeant and I know the Court will tell you that it matters not whether those persons that are accused of the Plot and impeached for it were guilty or not it is sufficient that they are accused and that by these persons For any body to endeavour to suppresse and withdraw the Kings Evidence or to disgrace the Kings Evidence that is not lawful be the Crime what it will be but it is a much greater Crime in a case of this nature of High Treason where the Life of the King the Government of the Kingdome the Religion and the true Worship of God Established in it and the Laws of the Nation are in danger Some of these persons are Guilty for Mr Coleman and several others have been found Guilty and have been Executed for it The design in this case that lies before you Gentlemen to try was to throw a disparagement upon the testimony of those persons by whose Evidence those Traitors were principally attainted and executed This is Gentlemen to affront the justice of the Nation and indeed to cast a disparagement upon it and that sure is as great an offence as can be the matter of the Evidence hath been opened to you I shall only acquaint your Lordship and the Jury that it hath been designed a great while and so long designed that one of the persons here accused Mr. Lane one of Oats's Servants had the opportunity to get into his Masters secrets thereby the more effectually to betray him and as it will appear by Witnesses did carry on the design till it was discovered and by that discovery prevented as to any success Mr. Recorder Your Lordship is pleased to observe in the Indictment that is now to be tried there are but two persons that stand Indicted that is Lane and Knox. I presume the Gentlemen that are on the other side for each of the Prisoners for I perceive those that are for the one are not for the other may expect that there should be proof made of what is laid as inducement in the Indictment and will not tend immediately to that which will be the Question in this Case for there is recited in the Indictment the Conviction of Coleman in this place and others in other places for the High Treason the Evidence whereof these persons are Indicted for scandalizing we have here the Records ready to prove it Lord Chief Iust. I suppose they will admit that Mr. Recorder If they will not we have that which will prove it Mr. Withins My Lord we shall not stand upon that Sir Francis Winnington We are ready if you did Mr. Serjeant Maynard And you will admit that Doctor Oates and Mr. Bedloe were witnesses upon those Trials Mr. Withins Yes and gave evidence very considerable Mr. Recorder Then my Lord we must hint to you that Lane who is one of the persons taken notice of in the Indictment was a Servant to Doctor Oates Knox was not in his service but Knox is a man that made use of Lane as a handle to the matter he had designed therefore Letters are prepared but by whom that we shall give you an account of was by the direction of Knox though the Letters that will be produced are directed to Knox himself Lord Chief Iust. Your Indictment says so Mr. Recorder But we shall give you an account that he was director of those Letters himself but as your Lordship may observe there are not only Letters but some accusations or informations We shall prove to your Lordship whose hand-writing they were and who dictated those Informations for I think that Mr. Knox is pretended to have the most brains and I believe Mr. Knox in the consequence will appear to have the most malice And we shall prove in the next place that inasmuch as it would be natural in the
course of Justice to ask whether these persons should not have money for the reward of such a business we shall prove that there were treaties with Mr. Lane and one Mr. Osborne who is not Indicted but was likewise a Servant to Doctor Oates and had thereby an opportunity of deceiving him that they had meetings how Guineys have been cunningly dropt down which was to prevent as I was acquainting your Lordship any such question that should be asked what moneys and rewards they were to have for this great discovery of any wickedness that Mr. Oates should be guilty of Mr. Knox he prepares them in this manner At every meeting when they were discoursing and pursuing this business then by some unlucky accident or other Mr. Knox he is to drop a Guiney or two according as Mr. Lane and the other person had occasion or a desire to have it but none were to be given but as by accident as if Knox holding his Guineys in his hand or in some other accidental way should drop them and then Osborne and Lane were to pick them up in a kind of a jest only as if Knox had accidentally let them fall and they had as accidentally taken them up How this came to be discovered we must give you an account Matters being thus prepared by the instigation of Knox and transacted so far by Lane and Osborne they thought it then fit to put their design in execution Accordingly their Informations are produced before a Justice of Peace who finding the matters were improbable for I think they had some scrutiny before the Justice of Peace and before the Lords Committees of the Lords house one of them Gentlemen though now he is pleased to say he is Not Guilty yet at that time had a little more ingenuity and did confess the whole matter and how he was drawn in and how far he was concerned and how Mr. Knox had directed him and the money and rewards he had received and that besides divers other summs of money had been promised and great rewards offered in case this design had taken effect We shall call our Witnesses before your Lordship and give in Evidence the Informations that they had intended to offer and if we shall prove the matters that have been opened to you I believe the consequence of this case will appear as much to concern the Government as any that hath come to this Bar. Sir Francis Winnington My Lord If your Lordship please we shall now go to prove our Case the Question was asked whether they would admit the several Attainders of those persons that have been executed for this Plot. I now ask them whether they will admit the several Impeachments that are also mentioned in the Indictment both of the five Lords in the Tower and also of the Lord of Danby Mr. Withins and Mr. Scroggs Yes we do Mr. Iustice Pemberton All that they will allow Mr. Recorder Then we begin with Mr. Radford Who was sworn Mr. Attorn Gen. What is your name Sir Mr. Radford Robert Radford Mr. Attorn Gen. Come on Mr. Radford tell my Lord and the Jury what you know concerning this business about Lane and Knox. Mr. Radford Sir if it please your Honour R. Lane Father of Iohn Lane was a Yeomen of the Guard extraordinary and I am one of his Majesties Yeomen of the Guard As he was in waiting he was telling me a story Lord Chief Iust. Richard was Radford Yes Richard the Father was telling me that Doctor Oates did attempt his Son many times to do such and such things to him that was in the way of Buggery said I Richard I am ashamed of you that you should cherish your Son in such things as these are so I went away in an anger and told him that if he were my Son I would correct him severely for it and said no more knowing him to be a lying fellow and all the whole Guard know him to be a lying fellow and that there is no truth in him Lord Chief Iust. All who Radford All the Guard and that is all I can say Mr. Iustice Iones When was this Radford Above a twelve moneth ago And I knew that he was a lying man and I durst not speak of it because I knew he was so and was afraid he would have put it upon me Lord Chief Iust. What he told you that his Son told him so Radford No he told me only that his Son was weary of Doctor Oates his service and I told him that he was come away once before and why did he go again he said his Son could not be quiet Lord Chief Iust. Did he say his Son told him The question is plain Did he speak it of himself and not that his Son told him Radford He said only that he had attempted his Son Mr. Attorn Gen. My Lord we will call Thomas Allen. Who was sworn Lord Chief Iust. What is this mans name Mr. Attorn Gen. Mr. Allen my Lord. What do you know of any application to bring this Lane into Oats's service Tell your whole knowledge of the matter Mr. Allen My Lord about the month of December last when he was gone out of Doctor Oates his service Lord Chief Iust. Who was gone out of Doctor Oats's service Allen â—ane he desired me to intercede for him again and again and accordingly he was admitted into his service again Mr. Attorn Gen. Did you hear any discourse before this of any attempt upon him Allen How attempt Mr. Attorn Gen. Did you ever hear of any complaints made by Lane against Doctor Oates Lord Chief Iust. Did you ever hear Lane complain that his Master would be uncivil with him Allen No I remember nothing of that Mr. Recorder Now if your Lordship please we shall give your Lordship an account that when he was admitted again he bragg'd he should get a great summ of money and for that we call Mr. Samuel Oates Who was sworn Lord Chief Iust. Are you brother to Mr. Oates Mr. S. Oates Yes Sir Mr. Attorn Gen. What do you know of any summ that this Mr. Lane did pretend to get and on what account Mr. S. Oates My Lord about a matter of a fortnight before he went away from my Brother I was in the withdrawing-room Lord Chief Iust. How long is it ago since he went away Mr. S. Oates It was in April last as near as I can remember Lord Chief Iust. Well go on Sir Mr. S. Oates So there were several Servants in the room and they were talking and laughing together and he was wishing said he I wish I had a Thousand pounds said some of them to him what would you do with it said he I would take it and fling it upon the ground and tumble it says one of them you may wish long enough before you have it I que ion not says he but ere long to find a way to get a Thousand pounds Mr. Recorder Do you hear him Gentlemen This was a fortnight
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.
VVarcup Yes Mr. Iust. Iones Was he upon his Oath the last time when he said this to the Committee Sir VV. VValler Yes my Lord I was by too I heard him L. C. I. So he swears backwards and forwards Sir Fr. VVinn Such People use to do so Mr. VVarcup That particular of the Note that Mr. Knox sent up by the Nurse I was by and did hear him confess it Sir VV. VValler But he did declare there to the Committee that it was his Voluntary Repentance and that he was exceeding sensible of the Abuses he had offered to Dr. Oats in this Design of accusing him in such a manner Mr. Iust. Iones What before the Lords Sir W. VValler Yes my Lord. Mr. Warcup Mr. Knox did say he sent such a Note up to Osborne and that the words were as I remember We always club'd and you paid two Shillings at the Sugar-Loaf Tear this L. C. I. Look you the use I see that would be made of this is that Knox in a secret way should give Intimation to this Osborne that he should not own that he had been treated by him or any money spent upon him and this Note is the cunning way of Insinuating that matter as I understand it Mr. Warcup I shall humbly acquaint your Lordship with one thing further Knox did confess that he had lain with these People in several private Places for there were Warrants out for the Apprehending them upon the Information given by Dr. Oats of this Contrivance that he had lain with them at White Fryars and Charing Cross and at other Places Mr. Iust. Pemberton That he had obscured them when they were in danger Mr. Warcup That he had layn with them at that time Sir Fran. Win. Pray upon your Oath when he had told you he had layn with them in any private Lodging Mr. Iust. Pemb. Did he say he had advised them where to lie Mr. Warcup He said he had been with them and advised them where to lie Mr. Iust. Pemb. Did he say he had taken Lodgings for them Mr. Warcup Yes he did Sir Fr. Win. Your Question Sir hath prevented mine but I would ask him a Question further Did he confess to you he paid for those Lodgings Mr. Warcup Truly My Lord unless I read the Information I cannot tell Sir Will. Waller My Lord I perfectly remember this That Knox did confess he had paid for their Lodgings but they were to pay him again but both Osborne and Lane did positively swear he did pay for all and several times at several Taverns where he treated them he bid them call for what they would and they should have it Mr. Soll. Gen. What do you know of being at the Sugar-loaf at any time Mr. Warcup I tell you what I find here he confess'd that they complaining they knew not where conveniently to Lodge this Examinant told them he would endeavour to find them a Lodging and the very self-same day he went by the direction of one of my Lord Dunblain's Servants a Coach-man to the Sugar-loaf in White-Fryers took Lodgings as for himself two of his Friends and lay there with them to the time of his going from the same Lodging which was five or six days Mr. Iust. Pemb. And he did it by the direction of my Lord Dunblain's Coach-man Mr. Warcup Yes My Lord it is so in the Information Mr. Serj. Maynard Is that Information true Mr. Warcup Yes My Lord I am sure he said it or I should not have writ it down Lord Chief Iust. Mr. Warcup had Lane recanted what he had said against Mr. Oates at that time when the Lodgings were taken Mr. Warcup My Lord it was before they came to the Lords that they took these Lodgings Mr. Iust. Pemb. Ay that 's clear it was before all came out Mr. Warcup I was commanded by the House of Peers to give my Warrant for the apprehending of them Lord Chief Iust. The Lords sent to apprehend thâ—m upon the slander of Mr. Oates and then he concealed them Mr. Recorder My Lord Sir William Waller speaks of one Rix that was sent by Lane to him to make a Discovery this is the Gentleman Who was sworn Rix. May it please your Lordship There was one Osborne that was concerned with this Lane who is since run away Osborne came first upon the Guard to me and desired me to get him into Service He desired to come into my Lord Treasurers Service and what he desired of me was to frame him a Petition to my Lord Treasurer We had no Answer till two days after and I being upon the Guard with Dr. Oates I did suppose I might get him into his Service I spoke to Dr. Oates and he entertain'd him and after he had entertain'd him a while this Lane then being a Servant with him they both told me they were going off now from Mr. Oates Lord Chief Iust. Who told you Rix. Lane and Osborne and that they should get preferment they were sworn Brothers together if one did go the other would go I asked them why they would go away oh said he I shall keep my man my self Say you so said I I have been in Town so long and I could get no such preferment Then they told me they should have 100 l. a year and 500 l. in Money Mr. Iust. Pemb. Who told you so Rix. Osborne and Lane both Mr. Iust. Pemb. What 100 l. a year and 500 l. a piece Rix. Yes So I asked them how but they would not tell me but said Osborne to me for your preferring me to Mr. Oates you shall be no loser I met him another time for Osborne came to desire me to lend him a Cravat Said he I must come down to your House to morrow morning to get a Cravat I desire I may have a good one for I am to go before one of the greatest Peers of the Realm to dine with him Where said I to which end of the Town the other end of the Town said he to me But said I why do you leave Mr. Oates oh said he let Mr. Oates look to himself for I have enough against him Then I smelt something of some design against Dr. Oates and brought it before Justice Warcup and gave in my Testimony and upon further Inquiry into it the Lords ordered him to send out his Warrant for the taking of those Fellows Knox Lane and Osborne which he assigned over to me in a short time after they were taken first Lane was taken and in a day or two Osborne and Knox and were examined and taxed with it Osborne he made a Confession before Justice Warcup and they desired me to see Knox and Lane in Prison and I did see them in Prison and when they did come there Knox said where is Osborne why don't he come to Prison as well as I I am a better Gentleman than he Oh said I he hath confessed so he was turned up into the Prison Said I to Mr.
Lane will you drink a Pot of Beer said he I don't much care if I do and said he Mr. Rix if I have not gone too far against my self if you will stand my Friend I will make an honest Confession Said I I am glad there is so much Grace in you I will then do you all the good I can Pray said he will you please to go and call Sir William Waller why not Justice Warcup said I who was first concerned in this Discovery No he would have only Sir William Waller I came and found him in the Court of Requests so I went with him to Smiths the Tobacconist near the Gate and sent for Lane the Keeper brought him I think this was about nine or ten in the Morning and from that time till about six at Night he was in Examination I went then to Mr. Oates and told him Lane had made an honest Confession I waited on Sir William Waller till the Afternoon and then he made an Order that he having made an honest Confession should have the enlargement of the Prison and not be confined as others were which he had Lane sent for me the next Day I came down in a Day or two after and his Sister was there with him they were eating Butter and Radishes and when I would have paid for the Drink Lane cry'd No by No means for Knox hath sent me in Three and twenty Shillings the other Day and that will serve me I hope till I come out but now said he I have made a Confession I believe I shall have no more Money from him and I desire you would speak for my Enlargement I came down to him another time and he told me he had received a Note which Note was put up from a Gentlewoman in the Street That if he would stand firm to his Text he should have Five hundred pounds Nay he should not want One thousand pounds but in case they would not stand firm to their Text the Lord Treasurer would never have come in and if yet they did not stand firm he would lose his Head Lord Chief Iust. Who came that Note from Sir Will. Waller He told me this That there was such word brought to him by the Nurse and she told him That a Gentlewoman very well clad came to her and desired her to speak to him to Stand fast and that Osborne and Knox would be sure to Stand fast and that they two should be too strong for the other he being but a single Evidence and more than that he should not want a Thousand pound if he had occasion for it I asked the Nurse what the Gentlewomans Name was she told me she had asked but she would not tell her Lord Chief Iust. Where is this Woman this Nurse Sir Will. Waller She was Nurse to the Gaol and was turned out upon this Discovery by the Gaoler Mr. Iust. Pemberton You had this from Lane Sir William Waller Sir William Waller Yes Rix. My Lord after this was done Lane's Father and Mother told me this at my own House That had it not been upon their Sons account my Lord Treasurer would never have come in and they told me that one Hest should come and tell them so and Lane himself told me he thanked God that now he had made an honest Confession that now his Heart was very light he had a burden upon him before but now he had confessed and his Heart was light Lord Chief Iust. What did he confess Rix. He did confess That my Lord Treasurer would never have surrendred himself if he had thought they would not have stood firm and if they did not stand firm he should lose his Head Mr. Williams You say Lane confessed this as of himself Rix. Yes and afterwards his Father and Mother told me so and he did say as of himself that he had a Note put under the door L. C. I. But from whom had he that Note Rix. From a Gentlewoman in the street he told me so Mr. Iustice Pemberton What did he say as to Knox Rix. He told me he was set on by Knox and he drew up all the Writings for him and Knox told him if you come to be Examined at such or such a thing make a stop and turn this way and that way Mr. Williams Pray acquaint the Court and the Jury did Lane tell you how he was drawn into this and who drew him in Rix. Knox was the man that drew up the Writings and promised him those Rewards he said M. Iustice Pemberton You say he told you that Knox promised them How far Knox will be concerned in this Evidence will be considered afterwards Mr. Serjeant Maynard Now we come to Knox's own particular actings What hath been said already hath been out of other peoples mouths now we come to him himself and we call Richard Slightam who was sworn Mr. Att. Gen. Pray Mr. Slightam will you tell my Lord and the Jury what you know of this Knox what offers have been made you by whom and when and for what Slightam I was offered Money to carry Notes from the one to the other Mr. Sol. Gen. Why what Office had you there Slightam I was a Prisoner there my self and under-Goaler too and I was offered Money to carry Notes between the one and the other that they might not betray one another Mr. Recorder By whom Slightam By Knox L. C. I. What did they offer you Slightam I had three half Crowns given me at one time by Knox and he promised me he would give me a considerable sum L. C. I. But he did not name the sum Slightam No. L. C. I. What did he desire you to do for that Money Slightam He desired me to carry Notes from the one to the other that they might not betray one another Mr. Att. Gen. Between whom name them Slightam Knox Lane and Osborne L. C. I. What did you say that they might not betray one another why Slightam Yes that they might not betray one another for they were fearful that they should because they could not speak together to lay their stories together Mr. At. Gen. And hark you Sir what Messages did you carry between them Sligtham None I never carryed any L. C. I No what had you your money for Slightam I told them of it below and they would not let me carry any L. C. I. But you got your money Slightam Yes I got some money Mr. Att. Gen. Knox you say gave you the three half Crowns Did you speak with Lane and Osborne Slightam Lane I spoke with every day and Lane said he hoped that the Lords would not put him in the Pillory for all he had sworn falsely L. C. I. What Lords Slightam My Lord Shaftesbury and my Lord Privy-Seal Mr. Smith What did Knox say to you after Osborne had confessed Slightam That is nothing said he if we do but stand firm together what Osborne hath given in Evidence will signifie nothing Mr. Smith
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
staid any longer there and desired to be removed So then I shewed my Lady Powis the Letter and I suppose my Lord Powis had an accompt of it also but I cannot be positive in that but I had order to remove Lane and by my Lady Powis's means I sent down one on Horseback and he discharged some Debts Lane had contracted in the House and sent him away to London and after his return to London he continued three days more at my Lord Powis's House At which time he says he was forced to lye upon the Chairs for at that time were the St. Omers Witnesses removed from Mrs. Celier's because they were afraid of being taken up by Sir William Waller who was in search for them So having some other business I did not send him away presently but I had particular order to send Lane into some other place And I did advise with Mrs. Celier where to send him and she said I think it will be necessary to send him to Peterly at one Mr. Waites's House in Buckinghamshire for said she they are Catholicks and will be sure to take a particular care of him But I told her it would be too far and I would think of some place nearer and then I thought it would be necessary to send him to Tottenham to the White Hart and there he stayed I suppose four or five Days or a Week This was after the Tryal of the Five Jesuits as I remember My Lord Powis sent to me and told me Says he I am in several doubts about this Lane and if it should be known that he is Countenanced by me or any of our people it would not be well so I leave him wholly to you do what you will with him but I advise you to send for him up to Town and give him Ten Shillings a Week to live upon So when I was at leisure I sent for him again from Tottenham and I told him Mr. Lane it will be very necessary that you do take some care for a Livelihood about Town it is not safe nor adviseable for you to be about Powis House and at that time I took care he should come there no more and that if my Lord Powis's Servants should meet him they should take no Notice of him which they did perform I suppose and as I was told But before this and before I sent Lane into the Country the second time as near as I can remember Knox was at Liberty I had been endeavouring as soon as I had got Lane out of the Gate-house to get Knox out also but I found I could not and I left that But I have been informed by Mr. Knox himself that one Mr. Nevil aliàs Paine was furnished with mony from the Lords in the Tower for the getting of Knox's Liberty and this Nevil himself did say as Mr. Knox told me that he did it by their Order and from this Knox by Mrs. Celier's perswasion I received several Papers which were Informations against Oates or at least those Papers that they had drawn up before they were in Custody These Papers were sent by me to the Tower and from thence to Mr. Nevil to enlarge upon I suppose as he thought fit and after to my Lord Castlemain and afterwards they were re-sent to me by Mrs. Celier who ordered me to draw up an Affidavit according to those Directions and get Lane sworn to the same which I did and took Lane and asked him said I Mr. Lane here is an Affidavit can you swear it yes said he I can swear it before I read it to him L. Ch. Iust. I believe so M. Dangerfield Nay said I you know not what it is so I read it to him said I do you know this to be a truth yes said he I do know it to be all true Said I I will read it again to you because you are to make Oath of it and I would not have you do any thing but what is safe and then we went to Sir Iames Butler but he was not at home then to have it sworn L. Ch. Iust. What was the purport of that Affidavit Mr. Dangerfield My Lord I cannot well remember the Words but it was about accusing Mr Oates of Sodomy L. Ch. Iust. On whom Mr. Dangerfield It was for attempting Buggery on the body of this Lane L. Ch. Iust. That was the Substance of it Mr. Dangerfield Yes my Lord And I did take this Lane to Sir Iames Butler and he did make Affidavit that it was true And it was left there before Sir Iames Butler I suppose the Affidavit may be in Court or a Copy of it So my Lord after that Lane being gone from Powis-house and I having no manner of converse with him more but only that every Saturday I took care he should have his money sometimes I went to his Mother's Lodgings and left it there for him sometimes he would come to me for it After this we were remov'd from Powis-house to Mrs. Celliers but he was always certain of Ten Shillings a Week Sometimes he would pretend that it was too little for him to live upon and sometimes I would give him Two or Three or Four Shillings more of my self but I had no Order to do that from any body This is all my Lord I do know of Lane as I remember Mr. Justice Iones What do you know of Knox Mr. Dangerfield Knox first delivered to me those Papers that were sent first to the Tower and afterwards to Nevil and afterwards to my Lord Castlemain and redelivered to me and I did deliver them again to Knox after they were inlarged upon And I believe after that Knox had prevailed with Lane to write them in his own hand L. Ch. Iust. Why do you believe so Mr. Dangerfield Because being writ in a fair Hand Knox told me when the Papers were delivered these are the main things that I am to work by and these must be produced against Oates and be writ over in a fairer hand and by that I believe he prevailed with Lane to write it in his own hand L. Ch. Iust. Whose hand were they in Mr. Dangerfield It was a strange hand I knew not and I do not believe it was Knox's hand though indeed I can't tell I know it not Mr. Justice Iones Did Knox ask you who had the perusal of those Papers and who had made Additions to them Mr. Dangerfield No he took the Papers and took no notice of any addition or inlargement Mr. Justice Pemberton Pray Sir tell the manner of the delivering of those Papers Mr. Dangerfield First by Mrs. Cellier's perswasion Knox delivered to me the Papers which imported the whole matter of the Charge against Mr. Oates These I sent to the Tower by Mrs. Cellier's hands from thence they were sent to Nevil to be enlarged upon from thence to my Lord Castlemain who was also to inlarge upon them and from thence they were sent to Mrs. Cellier again and from her
a Friend of mine saw you go in the other day But Knox did positively deny it that was all that ever I heard of his correspondence with my Lord of Danby After this when her Ladiship came to me to ask me what condition he was in to prosecute the Tryal I told her I believed his condition was very mean and it would be very acceptable if he might or could be furnished with Money Well said she I will take care of it and give an account of it to my Lord and he shall be furnished And in the mean time if Mr. Knox wants money be sure you take care and furnish him but you need not let it be very considerable till you see what is raised Some time after this Mr. Knox came to Mrs Celiers House to ask for me I was then in my Chamber but not ready he came up to me and told me said he Really I am very poor I am going to pavvn my Sword or something to that purpose can you lend me five pounds Really Mr. Knox said I I will tell you the Affidavit that you read to me I have given an account of it to my Lady Powis and I suppose some other Persons of Honour have had an account of it also I am satisfied they are and that the Lords in the Tower will take care that Money shall be raised for your prosecuting of Mr. Oates He seem'd to smile at this but said he if this should be known it would be very prejudicial to the Business and spoil it but yet however if you can furnish me with Money at this time you will do me a great kindness for I have very great occasion I told him said I I have not so much Money by me you come at an unseasonable time though indeed I told him a Lye but I thought it not safe to part with Money without further order Mr. Knox went away and I gave an account of it to Mrs. Celier who went either every day or every other day to the Tower I told her what Mr. Knox said and I do believe as she told me afterwards she told my Lady Powis of it and Mrs. Celier seem'd to be angry that I did not let him have the Money and order'd me that at what time soever after that Mr. Knox should come to me I should let him have what Money he wanted Some time after this Mr. Knox did come to me and said his condition was very mean and you told me said he that care should be taken by the Lords in the Tower to furnish me with Money Said I Mr Knox I can let you have 30 or 40 s. if that will do you any kindness I have no order for any sum at present but as soon as it comes it must come to you through my hands and it must pass as if I lent it you and you shall give me a Note for it to repay it lest any thing should come to be discovered and coming to Mr. Oates hearing should prejudice the Business though I had been too forward before in giving Mr. Knox an account that the Lords in the Tower would contribute to this Business At that time I went up stairs and fetch'd down 40 s. and gave it him He came afterwards and would have borrowed more of me at other times once or twice after that but I did not furnish him for I had received no order to furnish him any further And this my Lord is all the correspondence I had with him and as near as I can remember I have given nothing in but what is a very true account of the Transaction Sir Fr. Win. My Lord I crave one Question of him if he have done After the Papers were corrected and written fair and enlarged upon by the several persons did you read them and what were the contents of them Mr. Dangerfield My Lord I did not read them nor did I draw them but I do believe that the contents were the same for substance with the Affidavit that Lane made before Sir Iames Butler Mr. Williams Sir you mention several sums of money that you paid to Knox and paid to Lane pray where had you this money Mr. Dangerfield The 40 s that I gave to Knox it was my own money but if I must give an account where I had it I believe it came originally from the Tower Mr. Williams The Ten Shillings a week whence came that Mr. Dangerfield Sometimes from the hands of my Lady Powis at other times from Mris. Celier sometimes from Mr. Wood and sometimes from my self and I placed it to accompt Mr. Serj. Maynard If your Lordship please we will now proceed to another part of our Evidence Mr. Williams About what time were they to Endict Mr. Oates Was not this project on foot when the Presbyterian-Plot was on foot Mr. Dangerfield My Lord I don't know what time but it was by my Advice to be done this Term and so did Nevil advise too Mr. Serj. Maynard My Lord I would read some of the Memorials or Informations that they were to Swear against Dr. Oates concerning the business that you have heard Lord Chief Iustice. Would you have them read Brother Mr. Serj. Maynard Yes my Lord. Lord Chief Iustice. Who proves them Then the Iustices of Peace Swore them Mr. Justice Pemberton Sir William Waller Did he confess he left them with my Lord Latimer Sir William Waller These are the Papers that were confessed to be carryed to my Lord Latimer Mr. Warcup Osborn did Swear That the Informations marked 1 2 3 4 5 were all of his own hand-writing and were dictated by the said Knox. Mr. Just. Pemberton And he did confess That these were the Informations that he had delivered to my Lord Latimer Mr. VVarcup Yes he did so Mr. Serj. Maynard It will lie on his part to prove that they were true Mr. Just. Pemberton Which will you have read one or all of them Mr. Serj. Maynard One or Two take Knox's first Which was Delivered to the Clerk of the Crown who Read it in haec verba Numb 1. The Information of Thomas Knox sworn before me this day of 1679. THIS Informant doth upon his Oath declare that on the first of this present April there came one William Osborne to the Informant in the Painted-Chamber in Westminster and told to him the said Informant that he had somthing of moment to reveal to him and did also desire the Informant to go with him into the Abby and he would reveal it to him upon which the said Osborne and the Informant being together the said Osborne did tell the Informant that his Conscience was mightily troubled for that he found the Lord Treasurer was maliciously prosecuted by Mr. Oates and Mr. Bedlow for that he having been a servant to Mr. Oates and had often heard Mr. Oates and Mr. Bedlow consult together in Mr. Oates his Chamber in Whitehall and resolve how they might contrive a way whereby to destroy my Lord
Treasurer And that he had chosen to reveal this secret and ease his Conscience to the Informant rather than to any one else because he thought he would keep it secret for his own sake because he had already suffered by endeavouring to serve the said Lord Treasurer and thereupon the said Osborne shewed to the Informant some Papers written as he told the Informant all in his own hand and which were relating to the said Lord Treasurer upon which the said Informant told the said Osborne that he was no servant of the said Lord Treasurers and did not therefore desire to meddle in it and that particularly because he had never spoke with the said Osborne before and desired to be excused upon which the said Osborne did press the Informant and withal did tell him that if he did not assist him in this Affair it was resolved both by him and one Mr. Lane that they would come in on the day of the said Lord Treasurers Tryal and declare the truth concerning what they knew concerning the malicious Design of the said Mr. Oates and Mr. Bedlow against the said Lord Treasurer for that they could not rest for fear he should suffer innocently whilst they could with so good a Conscience as they thought save him And the said Osborne did withall declare that the aforesaid Mr. Lane was resolved to speak to the Informant upon the foresaid Matter And the said Lane did accordingly upon the said First of April in the Evening meet the Informant and shewed him some Papers wherein he had taken several Memorials relating to His Majesty the Queen my Lord Treasurer and several other Persons And did withall declare to the Informant That his Conscience was so troubled to see the malicious Proceedings of the said Mr. Oates and Bedlow against the said Lord Treasurer that he could not rest in his Bed untill he had disburdened it by telling the Truth and if he had not met with this Informant he was resolved to declare it speedily to some one else or come himself at the Day of the said Lord Treasurer's Tryal and there declare all that he knew relating to that Affair And did withall conjure the Informant as also the said Osborne to keep all they had told him secret For if it should come to the Ears of the said Mr. Oates and Bedlow they would endeavour to Poison or Murder them the said Osborne and Lane the first time they should see them Tho. Knox. Then a Second was offered to be Read but there appearing Scandalous Matter to be in it reflecting on the King the Court thought not fit to suffer the same to be Read through Mr. Serj. Maynard My Lord I think it appears by the Evidence sufficiently how they did designe to Accuse Mr. Oates Lord Chief Iustice. Ay Brother come let us hear what they can say to it on the other Side Mr. Withins May it please Your Lordship and You Gentlemen of the Iury I am of Councel for the Defendant Knox and for Knox only Mr. Williams Pray Sir hold My Lord we have here Two Witnesses more that will fortify Mr. Dangerfield in what he hath said Call Susan Edwards and Mrs. Blake Then Mrs. Blake appeared and was Sworn Mr. Williams Pray Mrs. Blake what can you say of any Reward Lane was to have for accusing Mr. Oates or any Promises were made to him Mrs. Blake All that I can say of Lane is this That Lane did say once to me I am here and I was Dr. Oate's Man and he would have Buggered me And he did make Complaint for want of Linnen and spoke to me to wash him some Linnen Said he Here I have no Linnen neither will they let me have any and his Boy here will not stir to look for any unless Willoughby speak to him Then the Boy was spoke to Lord Chief Iustice. What is all this What sayes the other Woman Mr. Williams He is called Willoughby sometimes sometimes Dangerfield for he went by both Names But I ask you What Money you know was given to him Blake He told me he was to be allowed Ten Shillings a Week Lord Chief Iustice. This is only to strengthen his Evidence Blake He never said to me from whom it was Then Mrs. Edwards was Sworn Mr. Serj. Maynard What do you say Mrs. Edwards May it please you I don't know Lane I never saw him in my Life but only when he was sent for by Mrs. Celier to get an Habeas Corpus for Willoughby who was then in Newgate and he did come the next Day and gave his Answer to me Lord Chief Iustice. She sayes nothing but only he was desired to get an Habeas Corpus for VVilloughby Mr. Sol. General Yes my Lord she is called to shew you whether Lane had not Money from Mrs. Celier Edwards That was the first time I saw him and the next Morning I saw him him again And when he came to the Door he told his Errand to me He said He could get no Habeas Corpus For he was such a Rogue no Body would meddle nor make with him Mr. Dangerfield I would fain have her asked this Question my Lord if you please Did you ever see Mr. Knox at Mrs. Celiers House Edwards If I see him I can tell Then the Defendant Knox was shewn to her Edwards I cannot say this is the Man I have heard much talk of Mr. Knox and that he hath been there but I cannot swear this is he Mr. Dangerfeild My Lord if your Lordship pleases when Lane was first brought to me to the Countess of of Powis House he was very meanly Equipag'd and the Countess of Powis was informed of it and did desire me to take some particular care to Cloath him and that I should put him into a Disguise but at that time I had a Suit of Cloaths that were Lined with Blew which I gave to him and I also advised him to Cut off his Hair and to put on a Perriwigg which he did and hath worn it ever since as I believe Lord Chief Iustice. Well let us hear what they say to it Mr. Withins May it please Lordship I am of Counsel in this Case for Mr. Knox there are two Persons here made Defendants as for Mr. Lane I have nothing to do with him nor to say for him and his Case hath made him appear to be a very evil Man But My Lord I do observe that Indictment consists of two parts the first is that these two Defendants did Conspire together and this was the Thirtyeth of April and the proof comes to that time for it will be Material in our Case that they did Maliciously and Deceitfully combine and Conspire against Titus Oates Clerk and VVill. Bedloe Gentleman who had discovered this horrid Popish Plot and whom they knew to have given Informations of it to take away their Reputation and make them Witnesses of no Belief or Credit that is one part of the Indictment the other part is that
to further the same Mr. Knox did cause two or three Letters to be written as from Osborne and Lane to him purporting those aspertions to be layd upon Oates and Bedloe for the last part of the Indictment the Council for the King have not thought fit to proceed upon it and they have not given an account of the Letters but for the first part their conspiring to take off the Reputation of Oates and Bedloe is the only thing they have proceeded upon as I conceive I must needs say my Lord that Mr. Knox as well as Doctor Oates and Mr. Bedloe have had a very great misfortune to meet with these men L. C. I. To meet with whom Mr. VVithins To meet with Osborne and Lane for I do not here pretend to lay any aspersion or make any reflections upon the Credit or Reputation of Doctor Oates or Mr. Bedloe I think they have serv'd the Nation too well to be Villifi'd here But I shall say this that as Osborne and Lane had a great designe to disgrace and discredit Mr. Oates and Mr. Bedloe so they had a designe to draw my Clyent Mr. Knox in to pursue their malice I did shew you that they did begin their Evidence as to time in April and they have laid it so in the Indictment we shall prove to your Lordship and shew you that before this and before that Mr. Knox knew either Osborne or Lane that they had drawn up this Accusation against Mr. Oates and read it to several Witnesses which we shall produce And afterwards when they came to advise how they should Prosecute the same they were advised first to go to Mr. Thewer he told them that it was a dangerous thing to meddle about and he would not involve himself but bid them take care what they did in it Upon this they apply themselves to my Clyent Mr. Knox he told them the same thing it is a matter of great Consequence I desire not to meddle with it Said they will you not assist us in this business when we only Discover this to acquit our own Consciences who knew these things to be treating and contriving against the King and my Lord of Danby For my part says one of them I cannot leave the Town till I have discovered it Notwithstanding this Mr. Knox would not undertake to meddle with it but left them They come to him the second time and Mr. Knox being a young man and it seems being a Servant in the Family Entered into a Corresdence with them to prosecute what they had design'd to do There is nothing appears and this I would observe if your Lordship please in the whole Evidence that Mr. Knox was to Swear any thing against Dr. Oates or Mr. Bedloe as I remember but he was indeed engaged to carry on the Prosecution these Witnesses enforming him of it and that it was a Truth I must observe to your Lordship upon their Evidence they did insinuate as if Mr. Knox had been at the Charge of maintaining Lane But I think that Mr. Dangerfield hath pretty well cleared whence that Maintenance came that he gave to Mr. Lane that it came through none of the Hands of my Clyent Mr. Knox. Lord Chief Iustice. No Mr. Withins he is not accused for giving him a constant Maintenance but for the Money the Guinneys and Ten Shillings 'T is true it was said It was to be paid again but from him they had the Money and it appears that he provided Lodgings for them and paid for their Lodgings Mr. Just. Pemberton And pray observe this That what Mr. Dangerfield speaks of is of a Time afterwards after they had been taken and imprisoned and confessed the Matter Mr. Withins But this you observe I hope My Lord from Mr. Dangerfield's Evidence That Knox was very poor had not any thing to maintain himself with Lord Chief Iustice. The Sums indeed don't seem to be very Great a Guinney and Ten Shillings in Silver But whatever it was he gave it them and took Lodgings for them and paid for them Mr. Withins I did intend to observe to your Lorship That 't is a pretty strange thing that there should be a Designe to corrupt Persons to commit this foul and horrid Offence and nothing of a Reward or Corruption proved but Two Guinneys and Ten Shillings Mr. Just. Pemberton What say you to the Promises of Five Hundred Pound and a Hundred Pound a Year a peece Mr. VVithins That was Lane's own Evidence Lane and Osborne might brag what they would of what they were to have and from whom But I believe not one in the Court believed a Word they said For it does appear that Lane did forswear himself backwards and forwards as the Wind blew So that as for what Lane hath said it weighs not but we shall call two Witnesses to whom Lane declared this matter in February and March before the time that Knox was concerned so that if we make it appear that the Contrivance was theirs and there was only a great deal of weakness and indiscretion in Mr. Knox to believe such idle Persons against Persons that had shewed themselves so considerable in this Discovery I hope it vvill not be thought such a Crime in us seeing there is nothing in it but that a young man was led away and only his folly and his indiscretion drew him in not any malice or ill design Sir VVill. VValler My Lord Mr. Knox did confess to me that he did throw down a Guinney and then Lane and Osborne took it up but they both positively swore that he threw it down for this Reason that he might safely Swear he never gave them it Mr. Saunders All that they swear is not agreed to be true My Lord if your Lordship please I am of Counsel for the Defendant Knox and as to that part of the Indictment that charges him with writing the Letters they do not proceed upon Mr. Serjeant Maynard Yes we do we proceed upon the whole L. Chief Iustice. They proceed upon the whole but you may say if you will they give no proof of it Mr. Saunders Then as to that with submission to your Lordships Judgment the Defendant is to be found not Guilty Mr. Iust. Pemberton You must observe These are not several Crimes but one continued Crime and therefore the Evidence must go to the whole L. Ch. Iustice. You do well to observe it for your Client but if you require it of the Counsel on the other side it may be they will give you an Answer if you will undertake to affirm that they have given no Evidence as to that part of the Indictment wherein it says Mr. Knox contrived three Letters to scandalize Mr. Oats Mr. Saunders We submit it to the Court whether they have or no. For the other part of the Indictment wherein it is charged that he should maliciously contrive with Lane to lay a Calumny and Scandal upon Mr. Oates and Mr. Bedloe the very point we
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