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A63162 The tryal and conviction of Thomas Knox and John Lane for a conspiracy to defame and scandalize Dr. Oates and Mr. Bedloe thereby to discredit their evidence about the horrid popish plot : at the Kings-Bench-Bar at Westminster, on Tuesday the 25th of Novemb. 1679 ... : where upon full evidence they were found guilty of the offence aforesaid. Knox, Thomas, 17th cent.; Lane, John, 17th cent.; England and Wales. Court of King's Bench. 1680 (1680) Wing T2165; ESTC R21831 50,627 72

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I Do Appoint Robert Pawlett to Print the Tryal of Thomas Knox and John Lane and let no other person presume to Print the same WILLIAM SCROGGS THE TRYAL AND CONVICTION OF THOMAS KNOX and IOHN LANE FOR A CONSPIRACY To Defame and Scandalize Dr. OATES and Mr. BEDLOE Thereby to Discredit their Evidence about the Horrid Popish Plot At the Kings-Bench-Bar at Westminster On Tuesday the 25 th of Novemb. 1679. Before the Right Honourable Sir WILLIAM SCROGGS Knight Lord Chief Justice and the other Judges of that Court Where upon full Evidence they were found Guilty of the Offence aforesaid LONDON Printed for Robert Pawlett at the Bible in Chancery-Lane near Fleetstreet M. DC LXXX THE Tryal and Conviction OF THOMAS KNOX and IOHN LANE FOR A CONSPIRACY To Defame and Scandalize Dr. OATES and Mr. BEDLOE Thereby to discredit their Evidence about the POPISH PLOT ON Tuesday the 25 th day of November 1679 at the Kings Bench Bar at Westminster Thomas Knox and Iohn Lane were tryed for the Misdemeanour and Offence herein after in the Indictment expressed and which Tryal was in manner following Proclamation being made in usual manner for Information and the Defendants called to their Challenges the Jury were sworn whose names follow The JURY Sir Iohn Kirke Thomas Harriot Henry Iohnson Simon Middleton Hugh Squire Francis Dorrington Iohn Roberts Rainsford VVaterhouse Thomas Earsby Ioseph Radcliffe Iames Supple Richard Cooper Who being numbred the Clerk of the Crown charged them with the Indictment thus Clerk of the Crown Gentlemen you of the Jury that are sworn hearken to your charge you shall understand that the Defendants stand Indicted by the Oaths of twelve honest and lawful men of the County of Middlesex by the names of Thomas Knox of the Parish of S. Margaret's Westminster in the County of Middlesex Labourer and Iohn Lane of the same Parish and County Labourer for that whereas Edward Coleman William Ireland and Iohn Grove and other false Traitors against our Soveraign Lord Charles the Second by the grace of God of England Scotland France and Ireland King defender of the Faith c. to the Jurors aforesaid unknown the 24 th day of April in the 30 th year of the Reign of our said Soveraign Lord the King at the Parish of S. Margarets Westminster in the Country of Middlesex Traiterously amongst themselves had conspired consulted and agreed to bring and put to death and destruction our said Soveraign Lord the King and war against our said Soveraign Lord the King within this Kingdome of England to stir up and the Religion in the said Kingdome of England rightly and by the Laws of the said Kingdome established to the superstition of the Romish Church to change and alter and the Government of the said Kingdome of England to subvert for which their said most wicked Treasons and Traiterous conspiraries consultations and agreements they the said Edward Coleman William Ireland and Iohn Grove in due manner and according to the Laws of this Kingdome of England were afterwards attainted and underwent the pain of death for the same And whereas William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor William Lord Petre and Sir Henry Tichbourn Baronet the 30 th day of Nov. in the 30 th year of the Reign of our said Soveraign Lord the King aforesaid at the Parish of St. Margarets Westminster aforesaid in the County of Middlesex aforesaid of the Treasons aforesaid were lawfully accused and thereupon according to due form of Law were committed to the Tower of London being the Prison of our said Soveraign Lord the King there safely to be kept to answer for the Treasons aforesaid whereupon they the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor and William Lord Petre were in Parliament impeached by the Commons in the same Parliament Assembled And whereas Thomas Earl of Danby afterwards to wit the said 30 th day of November in the 30 th year aforesaid at the Parish aforesaid in the County aforesaid of certain Treasons and other Misdemeanours was lawfully accused and thereupon according to due Form of Law was committed to the said Tower of London there to be safely kept to answer for the Treasons and Misdeanours aforesaid of which said Treasons and Misdemeanours he the said Thomas Earl of Danby is impeached in Parliament by the Commons in the same Parliament Assembled that they the said Thomas Knox and Iohn Lane well knowing the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel of Wardor William Lord Petre and Thomas Earl of Danby to be accused of the Treasons and Misdeameanours aforesaid and they the said Thomas Knox and Iohn Lane being Devillishly affected towards our said Soveraign Lord the King their Supream and natural Lord and devising and with all their strength intending the peace and tranquillity of this Kingdom of England to disturb and to hinder and stifle the discovery of the said Treasons by the said VVilliam Earl of Powis VVilliam Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and VVilliam Lord Petre as aforesaid supposed to be committed and as much as in them lay to elude the due course of Law and the prosecution of Justice against the said VVilliam Earl of Powis VVilliam Viscount Stafford VVilliam Lord Petre Iohn Lord Bellasis Sir Henry Tichbourn and Thomas Earl of Danby to retard they the said Thomas Knox and Iohn Lane afterwards to wit the 30 th day of April in the 31 th year of the Reign of our said Soveraign Lord the King at the Parish aforesaid in the County aforesaid falsly maliciously and unlawfully did consult and agree among themselves Titus Oates Clerk and VVilliam Bedloe Gentleman who Informations of the Treasons aforesaid had given and whom they the said Thomas Knox and Iohn Lane the day and year aforesaid well knew to have given Information of the Treasons aforesaid against them the said VVilliam Earl of Powis VVilliam Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and VVilliam Lord Petre to scandalize and upon the tryal of the said William Earl of Powis William Viscount Stafford Iohn Lord Bellasis Henry Lord Arundel and William Lord Petre to represent them to be persons of evil conversation and Witnesses not deserving credit And that he the said Thomas Knox afterwards to wit the said 30 th day of April in the 31 th year aforesaid at the Parish aforesaid in the County aforesaid in the names and with the consent and agreement of the said Iohn Lane and one VVilliam Osborn to disgrace the Information of the said Titus Oates and VVilliam Bedlow against them the said VVilliam Earl of Powis VVilliam Viscount Stafford VVilliam Lord Petre Iohn Lord Bellasis and Henry Lord Arundel for our said Soveraign Lord the King to be given falsly maliciously subtilly and advisedly did Write and cause to be Written three Letters and those Letters so written
falsly craftily unlawfully and advisedly did direct and cause to be delivered to himself the said Thomas Knox by which said Letters falsly craftily and deceitfully it was declared that they the said Iohn Lane and VVilliam Osbourn were greatly troubled in their Consciences by reason of certain things which they well knew and had concealed concerning the nnjust contrivances of the said Titus Oates and William Bedloe in accusing the said Thomas Earl of Danby to be guilty of the Treasons and other misdemeanours aforesaid and that the said Titus Oates was a person of a wicked and vitious Life and made an assault upon the said Iohn Lane and with the said Iohn Lane to commit that detestable sin called Sodomy before that time had endeavoured And that he the said Thomas Knox the sooner and more effectually to perswade the said Iohn Lane and VVilliam Osbourn falsly to accuse the said Titus Oates and VVilliam Bedloe that they the said Titus Oates and VVilliam Bedloe unjustly and against all truth had accused the said Thomas Earl of Danby of the Treasons and other misdemeanours aforesaid and so to affirm against the evidence of our said Soveraign Lord the King upon the Trial of the said Thomas Earl of Danby for the Treasons and other Misdemeanours aforesaid to be had afterwards to wit the said 30 th day of April in the 31 th year of the Reign of our said Soveraign Lord the King aforesaid at the Parish aforesaid in the County aforesaid falsly advisedly corruptly and against the duty of his Allegiance unlawfully gave to the said Iohn Lane and William Osborn divers great sums of money and also further falsly advisedly corruptly and against the duty of his Allegiance the day and year aforesaid at the Parish aforesaid in the County aforesaid did promise unto the said Iohn Lane and William Osbourn that they the said Iohn Lane and VVilliam Osbourn within a certain time by the said Thomas Knox to the said Iohn Lane and William Osbourn propounded divers other great sums of money and other great rewards therefore should have and receive against the Duty of their Allegiance to the great retarding obstructing and suppressing of Justice in manifest contempt of the Laws of this Kingdome of England to the evil and pernitious example of all others in the like case offending and against the peace of our said Soveraign Lord the King his Crown and Dignity to this Indictment the said Thomas Knox and Iohn Lane by their Attorney plead that they are not Guilty nor either of them is Guilty of the offence aforesaid and further withal put themselves upon the Country and the Kings Attorney likewise And your charge is to inquire if they are Guilty or not Guilty c. Clerk of the Crown Make an O yes Cryer O yes If any one will give Evidence on the behalf of our Soveraign Lord the King against Thomas Knox and Iohn Lane of the Misdemeanours and offence whereof they stand indicted let them come forth and give their Evidence Then Trenchard Esq of Counsel for the King in this Cause opened the Indictment thus Mr. Trench May it please you Lordship and you Gentlemen of the Jury Thomas Knox and Iohn Lane stand indicted for a great and high Misdemeanour and the Indictment sets forth that whereas Coleman Ireland Pickering and Grove and other false Traitors did conspire to destroy the King and change the Religion established by Law to levy War against our Soveraign Lord the King and to introduce Popery and for these Treasons were convicted attainted and executed and further sets forth that the Lord Powis Lord Arundel of Warder and others were accused of the said Treasons and were committed to the Tower and afterwards were impeached for the same by the Commons in Parliament Assembled as also that Thomas Earl of Danby was impeached of High Treason and other Misdemeanours that the Defendants knowing Mr. Oates and Mr. Bedloe had given Information of these Treasons to stifle the Evidence and to scandalize them did falsly conspire to represent them as wicked persons and men of no credit And the Indictment further sets forth that the Defendant Knox with the agreement of Lane and one Osbourn did cause several Letters to be writ in which it was contrived to accuse the said Oates and Bedloe that they had conspired falsly to accuse the said Earl of Danby and that Oates was a person of a vitious conversation and had a design to attempt an assault upon the person of the said Lane with an intention to commit that detestable sin of Sodomy the better to effect which wicked designs the said Knox gave several sums of money to Osbourn and Lane and had offered great rewards unto them To this Indictment they have pleaded not Guilty and you are to try whether they are Guilty or not of this Misdemeanour Then Sir Iohn Maynard the Kings eldest Serjeant at Law persued the charge thus Mr. Serj. Mayn May it please your Lordship and you Gentlemen of the Jury this cause is of great consequence and my Lord I desire the Jury to observe that their question this day is not to inquire whether the Lords or the other persons accused and impeached in Parliament are Guilty or not but the question before them is whether the persons that stand here indicted are guilty of wicked and vile endeavours to discountenance and suppress the Evidence and scandalize their persons who were to give Evidence against these Lords we are not to give Evidence against the Lords but against these persons L. Chief Iust. You are right Brother Mr. Serj. Mayn Gentlemen something I must observe to you that is an inducement to this matter that there hath been an horrid and abominable Conspiracy against the King the Nation the Religion and the Law appears my Lord by the proceedings in Parliament wherein the Lords and the Commons have several times joyntly declared and I think 't is so publick that no body will doubt there is such a thing who is guilty that is another matter L. Cheif Iust. This Court must take notice of that because some have been tryed convicted and condemned for it by this Court Mr. Serj. Mayn Your Lordship says right But my Lord the first discovery of this Conspiracy came from a single person one that stood single and discouraged a long time and that there were endeavours to discourage his further discovery that will appear My Lord when it stood so it happened that Sir Edmondbury God frey had taken his Examination and these things will be material in the end of the Cause Sir Edmondbury Godfrey having taken the Examination of Oates then the endeavour was to suppresse this Examination that he had taken and that by no less a wickednesse then the barbarous murder of that honest Gentleman whom you all knew and they not only took away his Life but they did strive to baffle and defame him when he was dead and that will appear too and is publick and known My
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.