I Do Appoint Robert Pawlett to Print the Tryal of Thomas Knox and John Lane and let no other person presume to Print the same WILLIAM SCROGGS THE TRYAL AND CONVICTION OF THOMAS KNOX and IOHN LANE FOR A CONSPIRACY To Defame and Scandalize Dr. OATES and Mr. BEDLOE Thereby to Discredit their Evidence about the Horrid Popish Plot At the Kings-Bench-Bar at Westminster On Tuesday the 25 th of Novemb. 1679. Before the Right Honourable Sir WILLIAM SCROGGS Knight Lord Chief Justice and the other Judges of that Court Where upon full Evidence they were found Guilty of the Offence aforesaid LONDON Printed for Robert Pawlett at the Bible in Chancery-Lane near Fleetstreet M. DC LXXX THE Tryal and Conviction OF THOMAS KNOX and IOHN LANE FOR A CONSPIRACY To Defame and Scandalize Dr. OATES and Mr. BEDLOE Thereby to discredit their Evidence about the POPISH PLOT ON Tuesday the 25 th day of November 1679 at the Kings Bench Bar at Westminster Thomas Knox and Iohn Lane were tryed for the Misdemeanour and Offence herein after in the Indictment expressed and which Tryal was in manner following Proclamation being made in usual manner for Information and the Defendants called to their Challenges the Jury were sworn whose names follow The JURY Sir Iohn Kirke Thomas Harriot Henry Iohnson Simon Middleton Hugh Squire Francis Dorrington Iohn Roberts Rainsford VVaterhouse Thomas Earsby Ioseph Radcliffe Iames Supple Richard Cooper Who being numbred the Clerk of the Crown charged them with the Indictment thus Clerk of the Crown Gentlemen you of the Jury that are sworn hearken to your charge you shall understand that the Defendants stand Indicted by the Oaths of twelve honest and lawful men of the County of Middlesex by the names of Thomas Knox of the Parish of S. Margaret's Westminster in the County of Middlesex Labourer and Iohn Lane of the same Parish and County Labourer for that whereas Edward Coleman William Ireland and Iohn Grove and other false Traitors against our Soveraign Lord Charles the Second by the grace of God of England Scotland France and Ireland King defender of the Faith c. to the Jurors aforesaid unknown the 24 th day of April in the 30 th year of the Reign of our said Soveraign Lord the King at the Parish of S. Margarets Westminster in the Country of Middlesex Traiterously amongst themselves had conspired consulted and agreed to bring and put to death and destruction our said Soveraign Lord the King and war against our said Soveraign Lord the King within this Kingdome of England to stir up and the Religion in the said Kingdome of England rightly and by the Laws of the said Kingdome established to the superstition of the Romish Church to change and alter and the Government of the said Kingdome of England to subvert for which their said most wicked Treasons and Traiterous conspiraries consultations and agreements they the said Edward Coleman William Ireland and Iohn Grove in due manner and according to the Laws of this Kingdome of England were afterwards attainted and underwent the pain of death for the same And whereas William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor William Lord Petre and Sir Henry Tichbourn Baronet the 30 th day of Nov. in the 30 th year of the Reign of our said Soveraign Lord the King aforesaid at the Parish of St. Margarets Westminster aforesaid in the County of Middlesex aforesaid of the Treasons aforesaid were lawfully accused and thereupon according to due form of Law were committed to the Tower of London being the Prison of our said Soveraign Lord the King there safely to be kept to answer for the Treasons aforesaid whereupon they the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor and William Lord Petre were in Parliament impeached by the Commons in the same Parliament Assembled And whereas Thomas Earl of Danby afterwards to wit the said 30 th day of November in the 30 th year aforesaid at the Parish aforesaid in the County aforesaid of certain Treasons and other Misdemeanours was lawfully accused and thereupon according to due Form of Law was committed to the said Tower of London there to be safely kept to answer for the Treasons and Misdeanours aforesaid of which said Treasons and Misdemeanours he the said Thomas Earl of Danby is impeached in Parliament by the Commons in the same Parliament Assembled that they the said Thomas Knox and Iohn Lane well knowing the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor William Lord Petre and Thomas Earl of Danby to be accused of the Treasons and Misdeameanours aforesaid and they the said Thomas Knox and Iohn Lane being Devillishly affected towards our said Soveraign Lord the King their Supream and natural Lord and devising and with all their strength intending the peace and tranquillity of this Kingdom of England to disturb and to hinder and stifle the discovery of the said Treasons by the said VVilliam Earl of Powis VVilliam Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and VVilliam Lord Petre as aforesaid supposed to be committed and as much as in them lay to elude the due course of Law and the prosecution of Justice against the said VVilliam Earl of Powis VVilliam Viscount Stafford VVilliam Lord Petre Iohn Lord Bellasis Sir Henry Tichbourn and Thomas Earl of Danby to retard they the said Thomas Knox and Iohn Lane afterwards to wit the 30 th day of April in the 31 th year of the Reign of our said Soveraign Lord the King at the Parish aforesaid in the County aforesaid falsly maliciously and unlawfully did consult and agree among themselves Titus Oates Clerk and VVilliam Bedloe Gentleman who Informations of the Treasons aforesaid had given and whom they the said Thomas Knox and Iohn Lane the day and year aforesaid well knew to have given Information of the Treasons aforesaid against them the said VVilliam Earl of Powis VVilliam Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and VVilliam Lord Petre to scandalize and upon the tryal of the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and William Lord Petre to represent them to be persons of evil conversation and Witnesses not deserving credit And that he the said Thomas Knox afterwards to wit the said 30 th day of April in the 31 th year aforesaid at the Parish aforesaid in the County aforesaid in the names and with the consent and agreement of the said Iohn Lane and one VVilliam Osborn to disgrace the Information of the said Titus Oates and VVilliam Bedlow against them the said VVilliam Earl of Powis VVilliam Viscount Stafford VVilliam Lord Petre Iohn Lord Bellasis and Henry Lord Arundel for our said Soveraign Lord the King to be given falsly maliciously subtilly and advisedly did Write and cause to be Written three Letters and those Letters so written
falsly craftily unlawfully and advisedly did direct and cause to be delivered to himself the said Thomas Knox by which said Letters falsly craftily and deceitfully it was declared that they the said Iohn Lane and VVilliam Osbourn were greatly troubled in their Consciences by reason of certain things which they well knew and had concealed concerning the nnjust contrivances of the said Titus Oates and William Bedloe in accusing the said Thomas Earl of Danby to be guilty of the Treasons and other misdemeanours aforesaid and that the said Titus Oates was a person of a wicked and vitious Life and made an assault upon the said Iohn Lane and with the said Iohn Lane to commit that detestable sin called Sodomy before that time had endeavoured And that he the said Thomas Knox the sooner and more effectually to perswade the said Iohn Lane and VVilliam Osbourn falsly to accuse the said Titus Oates and VVilliam Bedloe that they the said Titus Oates and VVilliam Bedloe unjustly and against all truth had accused the said Thomas Earl of Danby of the Treasons and other misdemeanours aforesaid and so to affirm against the evidence of our said Soveraign Lord the King upon the Trial of the said Thomas Earl of Danby for the Treasons and other Misdemeanours aforesaid to be had afterwards to wit the said 30 th day of April in the 31 th year of the Reign of our said Soveraign Lord the King aforesaid at the Parish aforesaid in the County aforesaid falsly advisedly corruptly and against the duty of his Allegiance unlawfully gave to the said Iohn Lane and William Osborn divers great sums of money and also further falsly advisedly corruptly and against the duty of his Allegiance the day and year aforesaid at the Parish aforesaid in the County aforesaid did promise unto the said Iohn Lane and William Osbourn that they the said Iohn Lane and VVilliam Osbourn within a certain time by the said Thomas Knox to the said Iohn Lane and William Osbourn propounded divers other great sums of money and other great rewards therefore should have and receive against the Duty of their Allegiance to the great retarding obstructing and suppressing of Justice in manifest contempt of the Laws of this Kingdome of England to the evil and pernitious example of all others in the like case offending and against the peace of our said Soveraign Lord the King his Crown and Dignity to this Indictment the said Thomas Knox and Iohn Lane by their Attorney plead that they are not Guilty nor either of them is Guilty of the offence aforesaid and further withal put themselves upon the Country and the Kings Attorney likewise And your charge is to inquire if they are Guilty or not Guilty c. Clerk of the Crown Make an O yes Cryer O yes If any one will give Evidence on the behalf of our Soveraign Lord the King against Thomas Knox and Iohn Lane of the Misdemeanours and offence whereof they stand indicted let them come forth and give their Evidence Then Trenchard Esq of Counsel for the King in this Cause opened the Indictment thus Mr. Trench May it please you Lordship and you Gentlemen of the Jury Thomas Knox and Iohn Lane stand indicted for a great and high Misdemeanour and the Indictment sets forth that whereas Coleman Ireland Pickering and Grove and other false Traitors did conspire to destroy the King and change the Religion established by Law to levy War against our Soveraign Lord the King and to introduce Popery and for these Treasons were convicted attainted and executed and further sets forth that the Lord Powis Lord Arundel of Warder and others were accused of the said Treasons and were committed to the Tower and afterwards were impeached for the same by the Commons in Parliament Assembled as also that Thomas Earl of Danby was impeached of High Treason and other Misdemeanours that the Defendants knowing Mr. Oates and Mr. Bedloe had given Information of these Treasons to stifle the Evidence and to scandalize them did falsly conspire to represent them as wicked persons and men of no credit And the Indictment further sets forth that the Defendant Knox with the agreement of Lane and one Osbourn did cause several Letters to be writ in which it was contrived to accuse the said Oates and Bedloe that they had conspired falsly to accuse the said Earl of Danby and that Oates was a person of a vitious conversation and had a design to attempt an assault upon the person of the said Lane with an intention to commit that detestable sin of Sodomy the better to effect which wicked designs the said Knox gave several sums of money to Osbourn and Lane and had offered great rewards unto them To this Indictment they have pleaded not Guilty and you are to try whether they are Guilty or not of this Misdemeanour Then Sir Iohn Maynard the Kings eldest Serjeant at Law persued the charge thus Mr. Serj. Mayn May it please your Lordship and you Gentlemen of the Jury this cause is of great consequence and my Lord I desire the Jury to observe that their question this day is not to inquire whether the Lords or the other persons accused and impeached in Parliament are Guilty or not but the question before them is whether the persons that stand here indicted are guilty of wicked and vile endeavours to discountenance and suppress the Evidence and scandalize their persons who were to give Evidence against these Lords we are not to give Evidence against the Lords but against these persons L. Chief Iust. You are right Brother Mr. Serj. Mayn Gentlemen something I must observe to you that is an inducement to this matter that there hath been an horrid and abominable Conspiracy against the King the Nation the Religion and the Law appears my Lord by the proceedings in Parliament wherein the Lords and the Commons have several times joyntly declared and I think 't is so publick that no body will doubt there is such a thing who is guilty that is another matter L. Cheif Iust. This Court must take notice of that because some have been tryed convicted and condemned for it by this Court Mr. Serj. Mayn Your Lordship says right But my Lord the first discovery of this Conspiracy came from a single person one that stood single and discouraged a long time and that there were endeavours to discourage his further discovery that will appear My Lord when it stood so it happened that Sir Edmondbury God frey had taken his Examination and these things will be material in the end of the Cause Sir Edmondbury Godfrey having taken the Examination of Oates then the endeavour was to suppresse this Examination that he had taken and that by no less a wickednesse then the barbarous murder of that honest Gentleman whom you all knew and they not only took away his Life but they did strive to baffle and defame him when he was dead and that will appear too and is publick and known My
course of Justice to ask whether these persons should not have money for the reward of such a business we shall prove that there were treaties with Mr. Lane and one Mr. Osborne who is not Indicted but was likewise a Servant to Doctor Oates and had thereby an opportunity of deceiving him that they had meetings how Guineys have been cunningly dropt down which was to prevent as I was acquainting your Lordship any such question that should be asked what moneys and rewards they were to have for this great discovery of any wickedness that Mr. Oates should be guilty of Mr. Knox he prepares them in this manner At every meeting when they were discoursing and pursuing this business then by some unlucky accident or other Mr. Knox he is to drop a Guiney or two according as Mr. Lane and the other person had occasion or a desire to have it but none were to be given but as by accident as if Knox holding his Guineys in his hand or in some other accidental way should drop them and then Osborne and Lane were to pick them up in a kind of a jest only as if Knox had accidentally let them fall and they had as accidentally taken them up How this came to be discovered we must give you an account Matters being thus prepared by the instigation of Knox and transacted so far by Lane and Osborne they thought it then fit to put their design in execution Accordingly their Informations are produced before a Justice of Peace who finding the matters were improbable for I think they had some scrutiny before the Justice of Peace and before the Lords Committees of the Lords house one of them Gentlemen though now he is pleased to say he is Not Guilty yet at that time had a little more ingenuity and did confess the whole matter and how he was drawn in and how far he was concerned and how Mr. Knox had directed him and the money and rewards he had received and that besides divers other summs of money had been promised and great rewards offered in case this design had taken effect We shall call our Witnesses before your Lordship and give in Evidence the Informations that they had intended to offer and if we shall prove the matters that have been opened to you I believe the consequence of this case will appear as much to concern the Government as any that hath come to this Bar. Sir Francis Winnington My Lord If your Lordship please we shall now go to prove our Case the Question was asked whether they would admit the several Attainders of those persons that have been executed for this Plot. I now ask them whether they will admit the several Impeachments that are also mentioned in the Indictment both of the five Lords in the Tower and also of the Lord of Danby Mr. Withins and Mr. Scroggs Yes we do Mr. Iustice Pemberton All that they will allow Mr. Recorder Then we begin with Mr. Radford Who was sworn Mr. Attorn Gen. What is your name Sir Mr. Radford Robert Radford Mr. Attorn Gen. Come on Mr. Radford tell my Lord and the Jury what you know concerning this business about Lane and Knox. Mr. Radford Sir if it please your Honour R. Lane Father of Iohn Lane was a Yeomen of the Guard extraordinary and I am one of his Majesties Yeomen of the Guard As he was in waiting he was telling me a story Lord Chief Iust. Richard was Radford Yes Richard the Father was telling me that Doctor Oates did attempt his Son many times to do such and such things to him that was in the way of Buggery said I Richard I am ashamed of you that you should cherish your Son in such things as these are so I went away in an anger and told him that if he were my Son I would correct him severely for it and said no more knowing him to be a lying fellow and all the whole Guard know him to be a lying fellow and that there is no truth in him Lord Chief Iust. All who Radford All the Guard and that is all I can say Mr. Iustice Iones When was this Radford Above a twelve moneth ago And I knew that he was a lying man and I durst not speak of it because I knew he was so and was afraid he would have put it upon me Lord Chief Iust. What he told you that his Son told him so Radford No he told me only that his Son was weary of Doctor Oates his service and I told him that he was come away once before and why did he go again he said his Son could not be quiet Lord Chief Iust. Did he say his Son told him The question is plain Did he speak it of himself and not that his Son told him Radford He said only that he had attempted his Son Mr. Attorn Gen. My Lord we will call Thomas Allen. Who was sworn Lord Chief Iust. What is this mans name Mr. Attorn Gen. Mr. Allen my Lord. What do you know of any application to bring this Lane into Oats's service Tell your whole knowledge of the matter Mr. Allen My Lord about the month of December last when he was gone out of Doctor Oates his service Lord Chief Iust. Who was gone out of Doctor Oats's service Allen 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.
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.
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
delivered to me and I delivered them to Knox again I found by his discourse and every thing else that Mr. Knox was desirous of my Correspondence but yet seemed as if he were shy of any body 's taking notice of it Said I to Mr. Knox there is one Mrs. Downing that lives at Lambeth over the Water where Mr. Oates and Dr. Tongue and several other Persons used to meet where I had been informed by some of the Catholicks by Parsons my Lady Powis and several others that Mr. Oates Dr. Tongue my Lord of Danby and others did meet at the Almes-houses there where the Plot was contrived and formed for they pretended to me there was no such thing really So said I if you will go with me we will discourse with her about the matter for I heard she talked very freely in several matters nearly concerning Mr. Oates and my Lord of Danby and other Persons So as I said I told him if you will go along with me I have not been there yet I will go and discourse with her and put down what she says in writing Then Mr. Knox my Brother and my self did go over to this Mrs. Downing and had much discourse with her where she did repeat many Transactions that were very agreeable to the Story that I had received from my Lady Powis and several other Persons before Knox did seem to be very well satisfied about it and promised to take cognizance of it and said it was very material but we did not put it down in writing I did not I know not what he did afterwards We promised to come again another time but I do not remember we did ever go afterwards But Mr. Knox solicited me to go with him and some Business or other did still intervene that is all that is remarkable of Mr. Knox which I do remember at that time but I do remember that after we were removed from Powis-House when I was at Mrs. Celiers nay I think both before and after he was often treating with Mrs. Celier but I know not what was their discourse nor was I desirous to know But Mr. Knox came then to me and began to renew his Correspondence and withall told me that he had some likelihood of bringing Osborn over to their Party Said he I find he is gone again to his Master but he shall do his Business meaning as I suppose Mr. Oates for he had as I understood by him at that time been tampering with Osborn but he did tell me it was Osborn's voluntary act that he did own it and that he did go to Mr. Oates again only â—o do Mr. Knox service My Lord some time after this Knox came to me at Mrs. Celiers and told me he had done the Business expressing the greatest Joy that could be What Business said I Osborn is come over said he and I have had an account from the beginning to the end of all the transactions of his Master Oates and I have not only an account of it but it is put into writing and I took Osborn before a Justice of Peace and he hath made Affidavit of it When I heard this I thought it would give great satisfaction to the Lords in the Tower and desired Mr. Knox to let me have a Copy of that Affidavit He told me No he thought it would not be material to let me have a Copy for by that means it might become publick and be discovered and said he I have some further design in this Mr. Oates is going down to my Lord Lovelace's in Oxfordshire and Osborn is going with him and he hath promised me to be a Spy upon his Masters actions and to give me an account of all And this will be material but I do not think fit to let you have a Copy of the Affidavit at present Some time after this I told Mrs. Celier the Story who I suppose went to the Tower and gave the Lords an account of it And the next time I had the Honour to see my Lady Powis she was pleased to say she liked it very well but did not as I remember say any thing of the Copy but being desirous to see what Osborn had sworn and whether it were agreeable to Lane's Affidavit that I spake of before I desire Knox to let me see it but he had it not about him at that time Some time after that as near as I can remember I was at Proctor's Coffee-house at Charing-cross and Mr. Knox came thither whether by my appointment or his I can't well tell but there we met and one Bedford was with me at that same time Mr. Knox desired we would go into a Back-room and now said he I will give you satisfaction and drew out of his Pocket an Affidavit it was a sheet of Paper if not written of every side I believe of three sides it was very long and he read it my Lord and I did find by the Contents of it that it did imply the same thing that Lane had sworn before Sir Iames Butler that is that Mr. Cates should attempt upon Lane's Body to commit Sodomy or something very agreeable to it I told him Mr. Knox said I this is very material this will do you a great deal of Service the Term is coming on you would do well to get an Indictment drawn up against Mr. Cates. Said he I will do his Business and will advise with persons able to instruct me in it and I don't doubt but to carry on the Business effectually And to that purpose I desired him to let me have a Copy of the Affidavit he promised me I should and said he would bring it several times and he came several times to my Lodging but did not bring it but I having it read to me and remembring the Contents of it the next time I saw my Lady Powis I gave her an account of it Said she this man is very diligent and deserves to be encouraged and as I believe gave the Lords in the Tower an account of it too for then she was lodgd at the Tower with her Lord and so her Ladishop told me And said she do you know whether this man be in a condition to prosecute this Business against Mr. Cates said she I believe he is put upon this by my Lord of Danby and he I believe takes care of him to furnish him with money Said I I have endeavoured to trace him out in that thing and by all his Correspondents I could never find but only by one that Mr. Knox was ever acquainted or held correspondence with my Lord of Danby and that person is Mr. Nettervile who is a worthy Gentleman of my acquaintance in the Pall-mall And being in his Chamber Knox came in and speaking merrily after his manner to him said he Knox when were you at the Tower with my Lord of Danby said he I hold no correspondence with him Yes said Mr. Nettervile 't is plain you do and I believe
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
are to answer to is this whether this were a malicious contrivance or no and for that we shall give your Lordship this Evidence That Knox was a young ignorant man and drawn in by Lane and Osborne to patronize their mischief they intended against Oates and Bedloe for my Lord Mr. Knox was not acquainted with them or had any thing to do with them till that they had contrived this matter among themselves for my Lord we shall call you Witnesses to prove that before Knox had to do with them they would have had another person to prosecute this business for them And if wel satisfie you that he was drawn in I hope it will acquit us notwithstanding I will observe to your Lordship and the Jury whether Lane be Guilty or not Guilty does not affect us if we were onely drawn into the contrivance L. Ch. Iust. Where ever Lane's Testimony stands single against Knox it is no Evidence Mr. Iust. Iones But if he was not in the Plot at the beginning but was drawn in and did after proceed with them as Dangerfield proves I doubt it will not acquit him Mr. Iust. Pemberton Consider a little your Case you say here was a Contrivance of two that Knox was not in the beginning but they offered it to others with whom it would not take why let Knox come in when he will if he does come into the Contrivance and takes the Papers and manages the business to fix these Scandals and encourage them to carry them on Knox is as guilty as all the rest Mr. Saunders But if these men come and tell him these things are true and we can swear them and so is drawn in it takes away the malice of the Contrivance L. Ch. Iust. This is the Use the Defendant Knox his Counsel make of it at first Knox was not acquainted with the matter and when he did come to understand it he thought it to be true as they affirmed it was true and said they we will go before a Justice of Peace and swear it he was willing there being a discovery of several Conspiracies against his Lord's Life as they said he being his Servant he was willing to prosecute the business and this is the Use they make of it Mr. Iust. Pemberton Come let us hear your Witnesses Mr. Scroggs Call Frances Lane and Mary Lane L. Ch. Iust. But I 'll tell you what it will be necessary to clear your selves as well as you can of those Papers that were delivered by Knox to Dangerfield and went about to the Lords in the Tower and afterward to Nevill and by him amended and after delivered to Knox again by Dangerfield this does shew as if you were concerned in the whole affair and in all the matter of the Information before it was cooked and after it was dressed You must give some account of that for that sticks strongly upon you Then Mrs. Frances Lane and her Daugher Mary Lane were Sworn Mr. Scroggs Mrs. Lane are not you Mother to Lane the Defendant Frances Lane Yes Mr. Withins Pray will you give an account what your Son said to you in February last Mr. Serj. Maynard We pray they may ask their Questions in general Mr. Iust. Pemberton Don't you point her to a time L. Ch. Iust. Answer me What hath your Son said to you at any time concerning Oates Frances Lane He spoke it about March. L. Ch. Iust. What did he say Frances Lane He used him uncivilly he had no mind to stay with him L. Ch. Iust. What said you Frances Lane I desired him to stay longer L. Ch. Iust. How often did he tell you this Frances Lane Several times L. Ch. Iust. He had left his Service once had he not Frances Lane Yes L. Ch. Iust. Was it before or after he left his Service Frances Lane Before and after too L. Ch. Iust. If he complained he had so used him before why would he go to him again Frances Lane Because the times were hard and I perswaded him L. Ch. Iust. Ay but would you perswade him after such an abuse of your Son as that Frances Lane I thought then he would not do so again Mr. Iust. Iones When was the first time he complained to you Frances Lane It was about Christmas Mr. Iust. Iones Was it before Christmas Frances Lane It was after Mr. Iust. Pemberton Consider here you bring Lane's Mother to accuse him to excuse your self L. Ch. Iust. But is this material Mr. Scroggs It is material to our Client Mr. Knox who was drawn in here by a couple of Rascals We prove that before this time which Justice Warcup and Sir William Waller have in their Informations they offered the same discovery to others L. Ch. Iust. Call them and prove it but you will never have the better name for calling them ill ones Mr. Scroggs We lay all upon Lane and Osborne who inveigled Knox. Mr. Saunders Pray Mrs. Lane tell the Court and Jury how and when your Son came acquainted with Mr. Knox. Frances Lane May it please you my Lord Osborn brings a Paper to our House and would have had my Son have read it but he could not so he read it himself and there were some desperate things in it L. Ch. Iust. What were they Frances Lane I can't tell they were concerning the King and the Queen and my Lord Treasurer L. Ch. Iust. When was this Frances Lane In March last at our House and I desired them they would not meddle with such things for I said they were things beyond them My Son promised me he would not meddle with it but let Osborne alone with it but said I pray go to one Captain Thewer he is a good civil man and a man of understanding So they did go as I directed them Mr. Iust. Pemberton Who went Frances Lane Osborne did Mr. Iust. Pemberton Who went with him for you say they Frances Lane Iohn Lane my Son L. Ch. Iust. Was there any thing particular in those Papers concerning Mr. Oates being guilty of Sodomy Frances Lane I cannot say in particular it is a great while ago but he went to Captain Thewer and he wish'd him after he had read it said he don't meddle with any of these things for it will be the worse for you L. Ch. Iust. As your Son told you you were not by F. Lane Yes they both told me so With that says Mr. Osborne I 'll find out one Mr. Knox who had been some acquaintance of Mr. Wiggins Mr. Bedloe's Clerk and so said he I will ask Mr. Wiggins if he be acquainted with Mr. Knox. L. Ch. Iust. Did your Son at that time know Knox F. Lane No my Lord he had never seen him at that time so my Son went and they found Mr. Wiggins and Mr. Knox walking in the Abby L. Ch. Iust. Was Lane with him then F. Lane He went with Osborne and came and told me Knox would not meddle with them L. Ch. Iust. Who came and told
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