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. 1680 Approx. 176 KB of XML-encoded text transcribed from 37 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A63162 Wing T2165 ESTC R21831 12739575 ocm 12739575 93087 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63162) Transcribed from: (Early English Books Online ; image set 93087) Images scanned from microfilm: (Early English books, 1641-1700 ; 370:13) 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. [3], 68 p. Printed for Robert Pawlett ..., London : 1680. Advertisement on p. 68. Reproduction of original in Library of Congress. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Trials (Treason) -- England. 2002-07 TCP Assigned for keying and markup 2002-09 SPi Global Keyed and coded from ProQuest page images 2002-10 Judith Siefring Sampled and proofread 2002-10 Judith Siefring Text and markup reviewed and edited 2002-12 pfs Batch review (QC) and XML conversion 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 Lord , all this while stood Oates single , it fell out by the Mercy of God , that a further discovery was made by Bedloe , he was examined , and it is publickly known , and publick Justice hath gone upon it . The next attempt was to corrupt the testimony of Bedloe , with Bribes and Rewards , and by other ways , and the person that transacted it , Reading , is attainted of it , Scelere tutandum est scelus , when men have invented and designed any great wickednesse , they are forced to enter upon others to cover and conceal the former . My Lord , it proceeded now , and comes to that which will be the Question this day . Having gone all these wayes , now they return again , to see if they can disgrace and baffle the Evidence Oates and Bedloe had given , and the way to that is by disparaging and scandalizing them with foul offences , especially Dr. Oates , and that was thus ( as we shall prove to your Lordship ) Lane had been a servant with Oates , and the other was one of the like condition , and he was tampered with to accuse Dr. Oates of that horrid sin of Sodomy , and I think if he were such an one , little credit were to be given to such a man. This was the design they were to accomplish . And we shall prove to you , in order to it there were Letters ( written and contrived by Knox indeed ) written by Osbourn who is not now before you , but a contrivance of them all . And , my Lord , there must be a pretence ) for in truth these persons had been Examined , and had charged him with this offence , but upon further Examination they had renounced their discovery . L. Chief . Iust. Had they all given Evidence ? or who did ? Mr. Serj Mayn . No , my Lord pardon me , I am not speaking of their Evidence but only of their Examination , before the Lords . L. Chief . Iust. What was it that was there witnessed ? Mr. Serj. Mayn . Then they pretended this matter , that they were touched in Conscience , and now they repent , and must discover the truth for the truths sake , that themselves were false in the making of the charge , and this , my Lord ▪ must be furthered with Bribes and Rewards as we shall prove to you . We shall make out the particulars by Witnesses , and then we think we may leave it to your Lordship and the Jury to determine . In truth , my Lord , it happens in this case as it did long ago , when the first discovery was of a like design , and as is told us by the Historian . Multi ob stultitiam non putabant , multi ob Ignorantiam non videbant , multi ob pravitatem non credebant & non credendo conjurationem adjuvabant . Then Sir Creswel Levins His Majesties Attorney General , further opened the Evidence thus . Mr. Attorn . Gen. May it please your Lordship , and you Gentlemen of the Jury . I am of Counsel for the King in this Cause whose Suit it is . The Evidence hath been opened fully by Mr. Serjeant . I shall only say this , that this is a Counter-part of Mr. Readings case , only it seems in this to differ , that the Counter-Part exceeds the Original , for , I think , that it is of a further extent then his was . It hath been told you by Mr. Serjeant , and , I know , the Court will tell you , that it matters not whether those persons that are accused of the Plot , and impeached for it were guilty or not , it is sufficient that they are accused , and that by these persons . For any body to endeavour to suppresse and withdraw the Kings Evidence , or to disgrace the Kings Evidence , that is not lawful , be the Crime what it will be , but it is a much greater Crime in a case of this nature of High Treason , where the Life of the King , the Government of the Kingdome , the Religion , and the true Worship of God Established in it , and the Laws of the Nation are in danger : Some of these persons are Guilty , for Mr Coleman and several others , have been found Guilty , and have been Executed for it , The design in this case that lies before you Gentlemen to try , was to throw a disparagement upon the testimony of those persons by whose Evidence those Traitors were principally attainted and executed . This is Gentlemen to affront the justice of the Nation , and indeed to cast a disparagement upon it ; and that sure is as great an offence as can be ; the matter of the Evidence hath been opened to you , I shall only acquaint your Lordship and the Jury , that it hath been designed a great while , and so long designed , that one of the persons here accused , Mr. Lane , one of Oats's Servants , had the opportunity to get into his Masters secrets , thereby the more effectually to betray him , and as it will appear by Witnesses , did carry on the design till it was discovered , and by that discovery prevented as to any success . Mr. Recorder , Your Lordship is pleased to observe in the Indictment that is now to be tried , there are but two persons that stand Indicted , that is , Lane and Knox. I presume the Gentlemen that are on the other side for each of the Prisoners ( for I perceive those that are for the one are not for the other ) may expect that there should be proof made of what is laid as inducement in the Indictment , and will not tend immediately to that which will be the Question in this Case : for there is recited in the Indictment the Conviction of Coleman in this place , and others in other places , for the High Treason the Evidence whereof these persons are Indicted for scandalizing , we have here the Records ready to prove it . Lord Chief Iust. I suppose they will admit that . Mr. Recorder , If they will not , we have that which will prove it . Mr. Withins , My Lord , we shall not stand upon that . Sir Francis Winnington , We are ready if you did . Mr. Serjeant Maynard , And you will admit that Doctor Oates and Mr. Bedloe were witnesses upon those Trials ? Mr. Withins , Yes , and gave evidence very considerable . Mr. Recorder , Then my Lord , we must hint to you , that Lane , who is one of the persons taken notice of in the Indictment , was a Servant to Doctor Oates , Knox was not in his service ; but Knox is a man that made use of Lane as a handle to the matter he had designed ; therefore Letters are prepared , but by whom ? that we shall give you an account of was by the direction of Knox , though the Letters that will be produced are directed to Knox himself . Lord Chief Iust. Your Indictment says so . Mr. Recorder , But we shall give you an account , that he was director of those Letters himself ; but as your Lordship may observe , there are not only Letters , but some accusations or informations . We shall prove to your Lordship whose hand-writing they were , and who dictated those Informations : for I think that Mr. Knox is pretended to have the most brains ; and I believe Mr. Knox in the consequence will appear to have the most malice . And we shall prove in the next place , that inasmuch as it would be natural in the course of Justice to ask , whether these persons should not have money for the reward of such a business ; we shall prove that there were treaties with Mr. Lane and one Mr. Osborne who is not Indicted , ( but was likewise a Servant to Doctor Oates , and had thereby an opportunity of deceiving him ) that they had meetings ; how Guineys have been cunningly dropt down , which was to prevent , as I was acquainting your Lordship , any such question that should be asked , what moneys and rewards they were to have for this great discovery of any wickedness that Mr. Oates should be guilty of . Mr. Knox he prepares them in this manner , At every meeting , when they were discoursing and pursuing this business , then by some unlucky accident or other Mr. Knox he is to drop a Guiney or two , according as Mr. Lane and the other person had occasion or a desire to have it ; but none were to be given , but as by accident , as if Knox holding his Guineys in his hand , or in some other accidental way should drop them , and then Osborne and Lane were to pick them up in a kind of a jest only , as if Knox had accidentally let them fall , and they had as accidentally taken them up . How this came to be discovered we must give you an account . Matters being thus prepared by the instigation of Knox , and transacted so far by Lane and Osborne , they thought it then fit to put their design in execution . Accordingly their Informations are produced before a Justice of Peace , who finding the matters were improbable ; ( for I think they had some scrutiny before the Justice of Peace , and before the Lords Committees of the Lords house ) one of them Gentlemen , though now he is pleased to say he is Not Guilty , yet at that time had a little more ingenuity , and did confess the whole matter , and how he was drawn in , and how far he was concerned , and how Mr. Knox had directed him , and the money and rewards he had received , and that besides divers other summs of money had been promised , and great rewards offered in case this design had taken effect . We shall call our Witnesses before your Lordship , and give in Evidence the Informations that they had intended to offer ; and if we shall prove the matters that have been opened to you , I believe the consequence of this case will appear as much to concern the Government as any that hath come to this Bar. Sir Francis Winnington , My Lord , If your Lordship please we shall now go to prove our Case ; the Question was asked whether they would admit the several Attainders of those persons that have been executed for this Plot. I now ask them whether they will admit the several Impeachments that are also mentioned in the Indictment , both of the five Lords in the Tower , and also of the Lord of Danby . Mr. Withins and Mr. Scroggs , Yes , we do . Mr. Iustice Pemberton , All that they will allow . Mr. Recorder , Then we begin with Mr. Radford . Who was sworn . Mr. Attorn . Gen. What is your name Sir ? Mr. Radford , Robert Radford . Mr. Attorn . Gen. Come on , Mr. Radford , tell my Lord and the Jury what you know concerning this business , about Lane and Knox. Mr. Radford , Sir , if it please your Honour , R. Lane , Father of Iohn Lane was a Yeomen of the Guard extraordinary , and I am one of his Majesties Yeomen of the Guard. As he was in waiting he was telling me a story — Lord Chief Iust. Richard was ? Radford , Yes , Richard the Father was telling me that Doctor Oates did attempt his Son many times to do such and such things to him that was in the way of Buggery ; said I , Richard , I am ashamed of you , that you should cherish your Son in such things as these are , so I went away in an anger , and told him , that if he were my Son I would correct him severely for it , and said no more , knowing him to be a lying fellow , and all the whole Guard know him to be a lying fellow , and that there is no truth in him . Lord Chief Iust. All who ? Radford , All the Guard , and that is all I can say . Mr. Iustice Iones , When was this ? Radford , Above a twelve moneth ago . And I knew that he was a lying man , and I durst not speak of it , because I knew he was so , and was afraid he would have put it upon me . Lord Chief Iust. What , he told you that his Son told him so ? Radford . No , he told me only that his Son was weary of Doctor Oates his service , and I told him that he was come away once before , and why did he go again ? he said his Son could not be quiet . Lord Chief Iust. Did he say his Son told him ? The question is plain , Did he speak it of himself , and not that his Son told him ? Radford , He said only that he had attempted his Son. Mr. Attorn . Gen. My Lord , we will call Thomas Allen. Who was sworn . Lord Chief Iust. What is this mans name ? Mr. Attorn . Gen. Mr. Allen , my Lord. What do you know of any application to bring this Lane into Oats's service ? Tell your whole knowledge of the matter . Mr. Allen , My Lord , about the month of December last , when he was gone out of Doctor Oates his service — Lord Chief Iust. Who was gone out of Doctor Oats's service ? Allen , ●ane ; he desired me to intercede for him again and again , and accordingly he was admitted into his service again . Mr. Attorn . Gen. Did you hear any discourse before this of any attempt upon him . Allen , How attempt ? Mr. Attorn . Gen. Did you ever hear of any complaints made by Lane against Doctor Oates ? Lord Chief Iust. Did you ever hear Lane complain that his Master would be uncivil with him ? Allen , No , I remember nothing of that . Mr. Recorder , Now , if your Lordship please , we shall give your Lordship an account , that when he was admitted again , he bragg'd he should get a great summ of money , and for that we call Mr. Samuel Oates . Who was sworn . Lord Chief Iust. Are you brother to Mr. Oates ? Mr. S. Oates , Yes Sir. Mr. Attorn . Gen. What do you know of any summ that this Mr. Lane did pretend to get , and on what account ? Mr. S. Oates , My Lord , about a matter of a fortnight before he went away from my Brother , I was in the withdrawing-room — Lord Chief Iust. How long is it ago since he went away ? Mr. S. Oates , It was in April last , as near as I can remember . Lord Chief Iust. Well , go on Sir. Mr. S. Oates , So there were several Servants in the room , and they were talking and laughing together , and he was wishing , said he , I wish I had a Thousand pounds ; said some of them to him , what would you do with it ? said he , I would take it and fling it upon the ground and tumble it : says one of them , you may wish long enough before you have it : I que ion not , says he , but ere long to find a way to get a Thousand pounds . Mr. Recorder , Do you hear him Gentlemen ? This was a fortnight before he went away . Mr. S. Oates , I can only speak as to Osborne as to the thing it self . Mr. Attorn . Gen. Did you ever hear him say which way he did intend to get this Thousand pounds ? Mr. S. Oates , No , I do not remember that , but upon these scandalous things coming out , I was considering what he had said , and how he behaved himself in his service , and upon recollection I did think of this saying of his . Mr. Iust. Pemberton , Ay , he recollected it afterwards . Mr. Williams , Speak those words over again , as near as you can remember . Then Mr. S. Oates repeated his Evidence to the same effect . Sir Francis Winnington , What is that of Osborne that you can say ? Lord Chief Iust. What does that signifie to these Defendants ? Sir Francis Winnington , Although he is not a party that does defend this matter , yet it is all one intire Act that they three were in combination to corrupt the King's Evidence , and to stifle it ; and though so far as it does relate of Osborne , it will not convict him being absent , yet it will inlighten the King's Evidence about the Conspiracy , for he is mentioned in the Indictment . Lord Chief Iust. Well , if you think it material , you may ask what questions you will about it . Mr. S. Oates , I was asking Osborne a little after he was let out of the Gatehouse , how he came to repent himself — Lord Chief Iust. Who had repented himself ? Mr. S. Oates , Osborne . Lord Chief Iust. Had Osborne repented himself , of what ? Mr. S. Oates , Of what he had given an account of before the Committee . Mr. Iust Pemberton , Do you know any thing of that ? Mr. S. Oates , I know nothing but what they did say upon their examination . L. C. Iust. Were you by , and present at their examination ? Mr. S. Oates , I heard nothing but what they said for themselves . I was at some part of their examination . M. Iust. Pemberton , What did Knox and Lane say ? Mr. S. Oates , Osborne was a saying , that as we walked , said he , in the Cloisters of the Abbey , where he did dictate what we were to do . L. C. Iust. This is no evidence . Shall what Osborne says at one time and apart from the rest be any evidence here ? Mr. Recorder , No my Lord , we offer it only as an evidence of the general Conspiracy . L. Chief Iust. Osborne is a telling how Knox and Lane and he did conspire and contrive this business , is this evidence against these Defendants ? I ask my Brother Maynard . Mr. Serj. Maynard , My Lord , if this were single clearly it were no evidence , but if it fall out in the evidence , that we shall prove Osborne , Knox , and Lane were all in the Conspiracy , though it is not direct evidence to convict the other , yet it will inlighten that evidence we give against them . Lord Chief Iust. Why did you not make Osborne a party ? Mr. Serjeant Maynard , He is laid in the Indictment to joyn with them , but he is run away . Mr. Iustice Pemberton , My Brother intends it thus , that the business is so interwoven between them all , that to make it be understood , it is necessary to bring in something about Osborne . Mr. Sanders , I pray they may bring something against them first . Lord Chief Iust. Ay , the Counsel say very well on the other side ; first prove some fact against Knox and Lane , and then prove what you will afterwards . Mr. Serjeant Maynard , It is an inducement to it , but I beseech you , in all cases that are capital , are not the King's Counsel at liberty to prove circumstances as well as the substance ? Lord Chief Iust. The Court will direct it is no evidence against the now Defendants , unless you prove the fact upon them . Mr. Serj. Maynard , Unless we do bring it down to Knox and Lane afterwards , that they were guilty , it will not be any evidence I know . Mr. Holt , If it be not evidence , we conceive with submission to your Lordship , it ought not to be heard . Lord Chief Iust. Prove something first , Brother , against the Defendants , and then urge this . Mr. Recorder , They need not labour it on the other side , we shall . We agree it is no evidence against the Defendants , but only circumstantial as of the general Conspiracy . L. C. Iust. But pray how can it be circumstantial evidence and yet no evidence ? Prove the Conspiracy or it signifies nothing . Mr. Serj. Maynard , If it be circumstantial to make good the evidence of the fact , it will be material for us to urge it . L. C. Iust. But first prove the fact . Mr. Recorder , We shall now prove , if your Lordship please , that Knox , who is one of the persons Indicted , hath made his applications to others that had relation to Dr. Oates , to endeavour to perswade them to pick out something or other against Dr. Oates . Call Thurston and Ray. Mr. Serj. Maynard , My Lord , we shall first go to the substance of the evidence , and then the circumstantial thing will be material which before were not material . L. C. Iust. Now you go right Brother . Mr. Serj. Maynard , We shall go this way , to shew that Lane and Osborne did accuse Dr. Oates , and after they had accused him , they were convicted in their own Consciences , and did confess they had falsely accused him , and afterward did repent of that repentance , and that Knox had an hand in all this . L. C. Iust. I think you have not opened that clear enough ; before whom was that accusation ? Mr. Serj. Maynard , Before the Lords , and before Sir William Waller . Mr. Recorder , For they were in the Gatehouse , and there they sent for Sir William Waller to come to them , and there did confess the matter to him , whom we desire may be sworn . Which was done accordingly . Sir William Waller , My Lord , upon the 29. of April , during the Sessions of Parliament , there was a Committee of Lords appointed for the taking instructions about this Plot ; being there attending upon the Lords , this complaint of Mr. Oates was brought before them , of the horrid abuse of two of his Servants . And the Lords were pleased to order Mr. Warcup and my self to take their examinations . L. C. Iust. What two Servants were they ? Sir William Waller , They did belong to Dr. Oates . L. C. Iust. VVhat were their Names ? Sir William Waller , Osborne and Lane. L. C. Iust. VVhat found you upon their examination ? Sir William Waller , Upon the Examination of Osborne and Lane , I did find they did agree together to a tittle . L. C. I. Then tell us Lane's Evidence first . If they agreed in a tittle , tell it us what it was . Sir W. Waller . My Lord , Mr. Lane did confess this . L. C. I. What , upon his Oath ? Sir W. Waller . Yes , upon his Oath , my Lord. L. C. I. To you ? Sir W. Waller . Yes , my Lord , that he had been induced by Mr. Knox to betray his Master , and for to swear several things against him which Knox had drawn up , and dictated to him . He did not write them himself , but Osborne writ them , and he did Sign them . There were four Letters that were brought before us , there were three or four Memorials , as they called them , three or four Informations , which were those Papers that they carryed to Mr. Cheyney to Chelsey . L. C. I. Who carryed them ? Sir W. Waller . Knox took Osborne and Lane with him , and carryed them thither , as Lane swore . And when they came thither , and he was acquainted with the business , he looked upon it as so foul and notorious a thing , that he would not meddle with it : but he advised them that they should go ( because Knox pretended the Lord of Danby was much concerned in it ) to some other Justice of Peace , or some of the Privy Council that were Friends of my Lord of Danby . L. C. I. Knox advised this , did he ? Sir W. Waller . No , they said Mr. Cheyney did . They went afterwards ( and they did all confess it ) to Mr. Dewy , and M. Dewy gave them the same Answer , that he could not meddle with it ; and after this , Mr. Knox went and took several Lodgings for them , fearing that Dr. Oates would hunt after them ; and one Lodging , amongst others , was I think the Three Flower-de-Luces in White-Fryers . And afterwards they removed to a place in the Paved Alley , betwixt Lincolns-Inn Fields and Chancery-Lane . During which time , Knox did bid them stand firm to what they were to do , and they should not want for a considerable Reward ; and have wherewithal to maintain them with their Footmen , and live very well . And , my Lord , Lane did confess this , that he brought Mr. Osborne to Knox first into the Painted Chamber , and made them acquainted there . And , my Lord , there is one thing that I omitted ; Mr. Lane did confess to me , that Mr. Knox did at the One-Tun-Tavern , I think it was , drop a Guinney upon the Table , and said , I will not give it you , because now I can safely swear that I never gave you any Money ; but be sure you stand fast to these Informations , and to what I have dictated to you , and you may be sure you shall be well rewarded for your pains . And he told them this more , My Lord Treasurer would never have surrendred himself to the Black Rod , unless you had promised to stand fast to this Evidence ; that was to swear to what Evidence he had dictated to them . L. C. I. Did Lane produce the Informations , and those things that Knox tempted him to swear ? Sir W. Waller . My Lord , they were produced before us . L. C. I. What were they ? What was the substance of them ? Sir W. Waller . One part was to swear , that M. Bedloe should come to Mr. Oates , and say to him , That my Lord of Danby should offer him a considerable Sum of Money to go beyond Sea. L. C. I. To whom ? Sir W. Waller . To Bedloe . And that was only considerable as relating to Mr. Bedloe in any part of the Examination : but as to Mr. Oates , they were to accuse him of having a design of abusing his Body : for he sent to me — L. C. I. Who did ? Sir W. Waller . Lane sent twice . Upon his first Examination he did seem to be very shy : but upon the second , he sent one Rix to me , one of the Yeomen of the Guard , to let me know , that he was troubled in his Conscience at what he had unjustly done in charging Mr. Oates , and that he was desirous to discharge his Conscience of the burden that lay on it , and to wave his own Reputation , that he might acquit the Innocent . L. C. I. Why , where was the Villany done that he repented of ? Sir W. Waller . My Lord , it was in reference to his swearing against Dr. Oates . L. C. I. Where ? before the Lords ? Sir W. Waller . He was brought that very Morning before the Lords ; but notice being come that the King was come in , and the House was sitting , he was remanded , and afterwards sent Rix to me , to tell me , he was sensible of the Injury he had done to Dr. Oates , and would make a Confession of all . L. C. I. Where had he done him Injury ? Sir W. Waller . In reference to those Abuses that he had offered to swear , and I think had sworn , but before whom I don't know . I suppose you will have an account of that by and by . L. C. I. So then , this is the Substance of what you say as to Mr. Oates , That Lane sent to you , and shewed you several Papers and Informations against the Credit of Oates and Bedloe , and told you that Knox did tempt him to justifie this , and swear it ; and that he went with them to a Justice of Peace in order to do it , but he did not care to meddle with it , and bid them apply themselves elsewhere , and afterwards they came to you ; and whether it was sworn or no , you cannot tell , but you say he did confess he had wrong'd Mr. Oates in those Scandals that he would have put upon him ; and that this was by Knox's advice and direction . Sir W. Waller . But there is this thing further , he said truly that Mr. Oates would be something hasty and passionate , but that he was very religious , and was very constant in sending his Servants to Prayers ; and that what he had accused him of , it was an abominable falshood , and was done by the instigation of Knox , who had incouraged him to it by the promises of a great Reward . Mr. Iust. Pemberton . And it was he that told you of the dropping of the Guinney , was it not ? Sir W. Waller . My Lord , he did confess that himself , but he said he lent it . Sir Fr. Winnington . Pray did Lane confess to you from whom this Money and Reward was to be had ? for he was not a Person that was likely to bestow so much Money of his own . Was it from any of the Conspirators ? or from whom that the Rewards , and this Money should come , upon your Oath ? Sir VV. VValler . I have examined them many times as to that , but could never learn any thing . Mr. Iustice Pemberton . Sir VVilliam VValler , was Knox ever before you ? Sir VV. VValler . Yes , my Lord , I took his Examination , and it was only to excuse himself , that he received the Letters from them , which they said they writ out of trouble of Conscience , and would have him to take their Examinations , and to go along with them before a Justice of Peace . L. C. I. That was Knox's defence ? Said he , they came to me , and I did not go to them , but they desired me to go along with them to a Justice of Peace . Mr. Iustice Pemberton . Did you let him know what they had said to you ? Sir W. Waller . No , my Lord , I kept that private ; but there is one thing very material . That Morning we took Knox's Examination , we were so long about it , that we could not dispatch it in the Forenoon , and therefore ordered Lane to be brought before us in the Afternoon ; and then did Knox write a Note , and sent it up by a Woman that was a Nurse there in the Prison , and there was a Paper conveyed through the Door to him to this purpose , We paid our — L. C. I. Who writ that Note ? Sir W. Waller . Knox did , and confessed it to me . L. C. I. To whom was it convey'd ? Sir W. Waller . To Mr. Osborne from Knox. And it was , We always paid our Club — Mr. Sanders . How do you know it was from Knox ? Sir W. Waller . He confessed it . Mr. Sanders . Did he shew it you ? Sir W. Waller . No , I did not see the Note , but he confessed it . Mr. Iust. Pemberton . Pray Mr. Sanders don't interrupt them , they are in their Evidence . Mr. Serj. Maynard . They must do that , for that is the best part of their Defence for ought I know . Sir W. Waller . The words my Lord were these , We always Club'd , and you paid two Shillings at the Sugar-Loaf . Tear this . L. C. I Why , what could this be ? Sir W Waller . Why , I will tell you my Lord , it was upon this account , that he should not gainsay what he had confessed and agreed to , that so they might not be in two Stories . Mr. Serj. Maynard . My Lord , Osborne and Lane had formerly accused , and given some Informations against Dr. Oats , afterwards you see what happened before Sir W. Waller , they renounce what they had done , and then my Lord , was Knox imprisoned , and thereupon he writes this Note , We always Club'd together , and you paid two Shillings at such a place : the Circumstances will come out by and by , They met at several Places , and we shall prove that Knox bore their Charges , and paid for them , though by this Note he would make it , that they bore their own Charges . M. Iust. Pemberton . The succeeding Evidence will open it . Sir W. Waller . My Lord , here is one thing more that I had forgot , Lane did confess , that for the preventing of any Discovery of this horrid Fact , it was agreed amongst them , that if any one should make a Discovery of it , the other two should murder him . M. Solicit . Gen. We desire that the Jury may observe that . Sir W. Waller . He did likewise declare , that the Lords in the Tower , would not be wanting to acknowledge the kindness in Disparaging the Kings Evidence . Mr. Iust. Pemberton . That was Lane and Osborne did confess that ? Sir W. Waller . Yes , both Lane and Osborne swore it positively . Sir Fr. Winn. If you have done as to Lane , pray acquaint my Lord and the Jury , what you know of the Confession of Knox upon his Examination . Sir W. Waller . Knox confessed not any thing , but stood stiff to it , that the Papers and Letters were written by them , and contrived by them . M. Iust. Pemberton . And that what he did was at their request ? Sir W. Waller . Yes , but the rest did both confess , that what was done was wholly by the contrivance of Knox. L. C. I. Did you ask Knox if he had dropt a Guinny ? Sir W. Waller . My Lord , he confess'd he had dropt a Guinny , but it was only to lend them , and they promised to repay him ; and that one morning he dropt , 10 s. upon the bed , and they took it up . L. C. I. Knox said he only lent it ? Sir W. Waller . Yes , but they positively swore both the one and the other . M. Iust. Pemberton . What said Knox to that ? Sir W. Waller . He lent them only . L C I. Well , go on Sir , Sir W. Waller . And Lane did positively confess , that at all the Places , and the several Lodgings , and the Treaties and Entertainments they had been at , they were all at Knox's charge , except twice which might amount to about 18 d. and that he paid . L C. I. What said Knox to it ? Sir W. Waller . He denied all . Mr. Iust. Pemberton . As to the manner of it , what said Knox to the dropping of it ? Sir W. Waller . He confess'd he dropt it , but only lent it them . Sir Fr. Winn. You say Lane was a servant to Dr. Oates , pray whose servant was Knox ? Sir W. Waller . He did belong to my Lord Dunblane . And moreover M. Knox did confess to me , that the Papers so drawn up and delivered into his hands had been in the custody of my Lord Latimer for a long time . Sir Fr. Winn. Did he so , I hope the Jury will believe him then . L. C. I. Sir W. Waller does swear , that Knox confessed that all those scandals raised against Dr. Oats , had been by his hands delivered into the hands of my Lord Latimer , and were there for some time . Sir W. Waller . Yes , my Lord. Sir Fr. Winn. I did not well hear you Sir , one thing , you were saying in the beginning of your Evidence , that these Gentlemen spoke of my Lord of Danby's not Surrendring himself , pray let us hear that over again . Sir W. Waller . Mr. Lane said this , that my Lord of Danby would not have surrendred himself to the Black Rod , but that he did depend upon their standing to what Informations they had given in . L. C. I. Upon your Oath Lane did say this ? Sir W. Waller . Yes , my Lord. Mr. Serj. Maynard . My Lord , now we will call another Justice of Peace , that took their Examinations , and we shall then particularly apply our selves to Mr. Knox , that seems to make these excuses for himself . Call Mr. Justice Warcup . Who was sworn . Mr. Warcup . I must beg the favour of the Court , because my memory is bad , that I may refer to the Informations that were taken before me . M. Iust. Pemberton . You may look upon them for the refreshment of your memory . Mr. Warcup . I answer to every part of this that hath my Hand to it , I desire it may be read . Mr. Recorder . No that can't be , you must not read them , but only refresh your memory by them . Mr. Warcup . This Iohn Lane did confess he lived with Dr. Oats , and about the 7 th . of April he left him , and while he lived with him , he said , he sent his Servants dayly to Prayer in the morning to the Chappel , and left but one at home to Dress him , and whilst he was with Dr. Oats , he was never charged by his Master with the opening of any Letters , and that the Informations marked 1 , 2 , 3 , 4 & 5. — Mr. Williams . Pray Sir acquaint the Court as far as you can by your memory . Mr. Warcup . Lane my Lord , before me deny'd all that he had said , that is , that what he had said before the Lords was true , but that particular Examination before Sir VV. VValler was by him alone . Sir Fr. VVinn . Was he upon Oath before you ? Mr. VVarcup . Yes , I find he was . L. C. I. Did you examine him after Sir VV. VValler , or before ? Mr. VVarcup . To the best of my remembrance it was before . Mr. Iust. Iones . He was upon his Oath there too ? Mr. VVarcup . Yes , and I must acquaint you I find it at the bottom to be ( Iurat . ) He was brought before the Lords of the Committee for Examinations , and did there likewise at first swear the things in these Notes contained , and did afterwards come to the said Committee , and beg their Pardon , and Gods Pardon for what he had sworn , for it was false . L. C. I. Who did ? Mr. Warcup . Lane did . L. C. I. Did you hear him ? Mr. VVarcup . Yes . Mr. Iust. Iones . Was he upon his Oath the last time , when he said this to the Committee ? Sir VV. VValler . Yes my Lord , I was by too , I heard him . L. C. I. So he swears backwards and forwards . Sir Fr. VVinn . Such People use to do so . Mr. VVarcup . That particular of the Note , that Mr. Knox sent up by the Nurse , I was by and did hear him confess it . Sir VV. VValler . But he did declare there to the Committee , that it was his Voluntary Repentance , and that he was exceeding sensible of the Abuses he had offered to Dr. Oats , in this Design of accusing him in such a manner . Mr. Iust. Iones . What , before the Lords ? Sir W. VValler . Yes my Lord. Mr. Warcup . Mr. Knox did say he sent such a Note up to Osborne , and that the words were as I remember , We always club'd , and you paid two Shillings at the Sugar-Loaf , Tear this . L. C. I. Look you , the use I see that would be made of this , is , that Knox in a secret way , should give Intimation to this Osborne , that he should not own that he had been treated by him , or any money spent upon him , and this Note is the cunning way of Insinuating that matter , as I understand it . Mr. Warcup . I shall humbly acquaint your Lordship with one thing further ; Knox did confess that he had lain with these People in several private Places , for there were Warrants out for the Apprehending them , upon the Information given by Dr. Oats of this Contrivance , that he had lain with them at White Fryars , and Charing Cross , and at other Places . Mr. Iust. Pemberton . That he had obscured them when they were in danger . Mr. Warcup . That he had layn with them at that time . Sir Fran. Win. Pray , upon your Oath , when he had told you he had layn with them in any private Lodging — Mr. Iust. Pemb. Did he say he had advised them where to lie ? Mr. Warcup . He said he had been with them , and advised them where to lie . Mr. Iust. Pemb. Did he say he had taken Lodgings for them ? Mr. Warcup . Yes , he did . Sir. Fr. Win. Your Question , Sir , hath prevented mine ; but I would ask him a Question further . Did he confess to you he paid for those Lodgings ? Mr. Warcup . Truly , My Lord , unless I read the Information , I cannot tell . Sir Will. Waller . My Lord , I perfectly remember this , That Knox did confess he had paid for their Lodgings , but they were to pay him again ; but both Osborne and Lane did positively swear he did pay for all , and several times at several Taverns where he treated them , he bid them call for what they would , and they should have it . Mr. Soll. Gen. What do you know of being at the Sugar-loaf at any time ? Mr. Warcup . I tell you what I find here he confess'd , that they complaining they knew not where conveniently to Lodge , this Examinant told them he would endeavour to find them a Lodging , and the very self-same day , he went by the direction of one of my Lord Dunblain's Servants , a Coach-man to the Sugar-loaf in White-Fryers & took Lodgings as for himself & two of his Friends , and lay there with them to the time of his going from the same Lodging , which was five or six days . Mr. Iust. Pemb. And he did it by the direction of my Lord Dunblain's Coach-man ? Mr. Warcup . Yes , My Lord , it is so in the Information . Mr. Serj. Maynard . Is that Information true ? Mr. Warcup . Yes , My Lord , I am sure he said it , or I should not have writ it down . Lord Chief Iust. Mr. Warcup , had Lane recanted what he had said against Mr. Oates at that time when the Lodgings were taken ? Mr. Warcup . My Lord , it was before they came to the Lords that they took these Lodgings . Mr. Iust. Pemb. Ay , that 's clear , it was before all came out . Mr. Warcup . I was commanded by the House of Peers to give my Warrant for the apprehending of them . Lord Chief Iust. The Lords sent to apprehend th●m upon the slander of Mr. Oates , and then he concealed them . Mr. Recorder . My Lord , Sir William Waller speaks of one Rix that was sent by Lane to him to make a Discovery , this is the Gentleman . Who was sworn . Rix. May it please your Lordship , There was one Osborne that was concerned with this Lane , who is since run away : Osborne came first upon the Guard to me , and desired me to get him into Service . He desired to come into my Lord Treasurers Service , and what he desired of me was to frame him a Petition to my Lord Treasurer . We had no Answer till two days after , and I being upon the Guard with Dr. Oates , I did suppose I might get him into his Service , I spoke to Dr. Oates , and he entertain'd him ; and after he had entertain'd him a while , this Lane then being a Servant with him , they both told me they were going off now from Mr. Oates . Lord Chief Iust. Who told you ? Rix. Lane and Osborne , and that they should get preferment ; they were sworn Brothers together , if one did go the other would go . I asked them why they would go away ; oh , said he , I shall keep my man my self . Say you so , said I , I have been in Town so long , and I could get no such preferment . Then they told me they should have 100 l. a year , and 500 l. in Money . Mr. Iust. Pemb. Who told you so ? Rix. Osborne and Lane both . Mr. Iust. Pemb. What , 100 l. a year , and 500 l. a piece . Rix. Yes : So I asked them how , but they would not tell me , but , said Osborne to me , for your preferring me to Mr. Oates , you shall be no loser . I met him another time , for Osborne came to desire me to lend him a Cravat . Said he , I must come down to your House to morrow morning to get a Cravat , I desire I may have a good one , for I am to go before one of the greatest Peers of the Realm , to dine with him : Where , said I , to which end of the Town ? the other end of the Town , said he to me : But , said I , why do you leave Mr. Oates ? oh , said he , let Mr. Oates look to himself , for I have enough against him . Then I smelt something of some design against Dr. Oates , and brought it before Justice Warcup , and gave in my Testimony , and upon further Inquiry into it , the Lords ordered him to send out his Warrant for the taking of those Fellows , Knox , Lane , and Osborne , which he assigned over to me ; in a short time after they were taken , first Lane was taken , and in a day or two Osborne and Knox , and were examined and taxed with it . Osborne he made a Confession before Justice Warcup , and they desired me to see Knox and Lane in Prison , and I did see them in Prison , and when they did come there , Knox said , where is Osborne , why don't he come to Prison as well as I ? I am a better Gentleman than he . Oh , said I , he hath confessed ; so he was turned up into the Prison . Said I to Mr. Lane , will you drink a Pot of Beer ? said he , I don't much care if I do : and , said he , Mr. Rix , if I have not gone too far against my self , if you will stand my Friend , I will make an honest Confession . Said I , I am glad there is so much Grace in you , I will then do you all the good I can . Pray , said he , will you please to go and call Sir William Waller : why not Justice Warcup , said I , who was first concerned in this Discovery : No , he would have only Sir William Waller . I came and found him in the Court of Requests , so I went with him to Smiths the Tobacconist near the Gate , and sent for Lane ; the Keeper brought him : I think this was about nine or ten in the Morning , and from that time till about six at Night he was in Examination . I went then to Mr. Oates , and told him Lane had made an honest Confession . I waited on Sir William Waller till the Afternoon , and then he made an Order , that he having made an honest Confession , should have the enlargement of the Prison , and not be confined , as others were , which he had . Lane sent for me the next Day , I came down in a Day or two after , and his Sister was there with him , they were eating Butter and Radishes , and when I would have paid for the Drink , Lane cry'd No , by No means ; for Knox hath sent me in Three and twenty Shillings the other Day , and that will serve me , I hope , till I come out : but now , said he , I have made a Confession , I believe I shall have no more Money from him ; and I desire you would speak for my Enlargement . I came down to him another time , and he told me he had received a Note , which Note was put up from a Gentlewoman in the Street , That if he would stand firm to his Text , he should have Five hundred pounds ; Nay , he should not want One thousand pounds ; but in case they would not stand firm to their Text , the Lord Treasurer would never have come in ; and if yet they did not stand firm , he would lose his Head. Lord Chief Iust. Who came that Note from ? Sir Will. Waller . He told me this , That there was such word brought to him by the Nurse , and she told him , That a Gentlewoman very well clad came to her , and desired her to speak to him to Stand fast , and that Osborne and Knox would be sure to Stand fast , and that they two should be too strong for the other , he being but a single Evidence ; and more than that , he should not want a Thousand pound , if he had occasion for it . I asked the Nurse what the Gentlewomans Name was , she told me , she had asked , but she would not tell her . Lord Chief Iust. Where is this Woman ? this Nurse ? Sir Will. Waller . She was Nurse to the Gaol , and was turned out upon this Discovery by the Gaoler . Mr. Iust. Pemberton . You had this from Lane Sir William Waller . Sir William Waller . Yes . Rix. My Lord , after this was done , Lane's Father and Mother told me this at my own House , That had it not been upon their Sons account , my Lord Treasurer would never have come in ; and they told me that one Hest should come and tell them so : and Lane himself told me , he thanked God that now he had made an honest Confession , that now his Heart was very light , he had a burden upon him before , but now he had confessed , and his Heart was light . Lord Chief Iust. What did he confess ? Rix. He did confess , That my Lord Treasurer would never have surrendred himself , if he had thought they would not have stood firm , and if they did not stand firm , he should lose his Head , Mr. Williams . You say Lane confessed this as of himself ? Rix. Yes , and afterwards his Father and Mother told me so , and he did say as of himself , that he had a Note put under the door . L. C. I. But from whom had he that Note ? Rix. From a Gentlewoman in the street , he told me so . Mr. Iustice Pemberton . What did he say as to Knox ? Rix. He told me he was set on by Knox , and he drew up all the Writings for him ; and Knox told him , if you come to be Examined at such or such a thing , make a stop , and turn this way and that way . Mr. Williams . Pray acquaint the Court and the Jury , did Lane tell you how he was drawn into this , and who drew him in ? Rix. Knox was the man that drew up the Writings , and promised him those Rewards he said . M. Iustice Pemberton . You say he told you that Knox promised them ? How far Knox will be concerned in this Evidence , will be considered afterwards . Mr. Serjeant Maynard . Now we come to Knox's own particular actings . What hath been said already , hath been out of other peoples mouths , now we come to him himself , and we call Richard Slightam . ( who was sworn . ) Mr. Att. Gen. Pray Mr. Slightam will you tell my Lord and the Jury what you know of this Knox , what offers have been made you , by whom , and when , and for what ? Slightam . I was offered Money to carry Notes from the one to the other . Mr. Sol. Gen. Why , what Office had you there ? Slightam . I was a Prisoner there my self , and under-Goaler too , and I was offered Money to carry Notes between the one and the other , that they might not betray one another . Mr. Recorder . By whom ? Slightam . By Knox L. C. I. What did they offer you ? Slightam . I had three half Crowns given me at one time by Knox , and he promised me he would give me a considerable sum . L. C. I. But he did not name the sum ? Slightam . No. L. C. I. What did he desire you to do for that Money ? Slightam . He desired me to carry Notes from the one to the other , that they might not betray one another . Mr. Att. Gen. Between whom ? name them . Slightam . Knox , Lane , and Osborne . L. C. I. What did you say , that they might not betray one another ? why ? Slightam . Yes , that they might not betray one another , for they were fearful that they should , because they could not speak together , to lay their stories together . Mr. At. Gen. And hark you Sir , what Messages did you carry between them ? Sligtham . None , I never carryed any . L. C. I No , what had you your money for ? Slightam . I told them of it below , and they would not let me carry any . L. C. I. But you got your money ? Slightam . Yes , I got some money . Mr. Att. Gen. Knox you say gave you the three half Crowns . Did you speak with Lane and Osborne ? Slightam . Lane I spoke with every day , and Lane said , he hoped that the Lords would not put him in the Pillory , for all he had sworn falsely . L. C. I. What Lords ? Slightam . My Lord Shaftesbury , and my Lord Privy-Seal . Mr. Smith . What did Knox say to you after Osborne had confessed ? Slightam . That is nothing , said he , if we do but stand firm together , what Osborne hath given in Evidence will signifie nothing . Mr. Smith . Why ? Slightam . For two , he said , were better than one . Sir Fra. Winn. I think you say you had three half Crowns given you by Knox , pray who was the first that offered you money to carry the Notes ? Slightam . It was Knox. Sir Fra. Winn. Ay , he carried the Purse . Slightam . Yes , I suppose he did . Mr. Iust. Iones . They were both in the Gate-house Prisoners at that time . Slightam . Yes , so was I. But they were lock'd in several Rooms , and none could come at them . L. C. I. But you carried no Note nor Messages , upon your Oath ? Slightam . No. Mr. Williams . Pray call Mr. Dewy , ( who was sworn . ) Pray Mr. Dewy will you acquaint the Court and the Jury , what discourse you had with Knox , who he came from , what he came about , and what recommendations he brought with him , and from whom . Mr. Dewy . My Lord , sometime in the sitting of the last Parliament that began in March , about ten a clock at night a Message was sent in to me that one would speak with me from my Lord Latimer : I was either in bed or going to bed ; and I did not think there was really any such Message , because my Lord Latimer did not know me , nor I him . They were very pressing to come in , insomuch as my man could hardly keep them out . I told them there was nothing sure of so much haste , but what might be done to morrow , or some other time : so I spoke not with them that night . Either the next day , or some short time after , as I remember , Mr. Knox came to me with another Gentleman , and he brought Papers in his hands ready written ; he told me that they were Informations of one Lane and Osborne ( as I remember those were the names he mentioned then ) and they were against Mr. Oates . Then I began to look upon it as something extraordinary , the Parliament being then sitting , and the Committee of each House having the Examination of this business . Said I , Mr. Knox , you have been a Justice of Peace's Clerk ( for I knew him so ) and you know 't is very unusual to take Informations against a person without the parties being present , if he may be had to cross-examine the Witnesses upon Interrogatories , as the Case may be : and besides , this looks as if it were to take Informations against the King ; which we never do upon Oath . So I dismissed them , and directed them to the Committee of Secrecy of the House of Commons , for whom it was most proper . This is all I know of this business . Mr. Williams . Did Mr. Knox tell you any thing what was contained in those Examinations ? Mr. Dewy . Yes , he did give me some information , that Osborne and Lane did repent of something , but I can't give you information particularly . Mr. Williams . Pray tell the substance of it . Mr. Dewy . I can't remember what the particulars were , but Lane and Osborne were the parties to be examined , and I shifted them off as well as I could . L. C. I. Did they come along with Knox ? Mr. Dewy . They were not in my Room , but they were without , I believe . L. C. I. And did he tell you at the same time that they had recanted ? Mr. Dewy . Truely , my Lord , I can't well remember ; but he said they repented of what they had falsely accused my Lord Treasurer of . L.C.I. Did they say they had falsely accused Mr. Oates ? Mr. Dewy . No , they did charge Mr. Oates with some Crime ; and they did speak something of false accusing , I can't remember what . L.C.I. Did not they say , Mr. Oates ? Mr. Dewy . I remember it now ; it was as if Mr. Bedloe and Mr. Oates had made a Conspiracy against my Lord of Danby . Sir Fr. Win. I think you say , you knew Mr. Knox a Justice of Peace's Clerk : Pray Sir , you are an ingenuous man , from whom did he pretend to come to you ? Mr. Dewy . He came to me from my Lord Latimer , as he said . Sir Fr. Win. Did he say so , that the Lord Latimer wished him to go to you ? Mr. Dewy . Yes ; and I wondered at it , because I did not know my Lord , nor my Lord me . Mr. Withins . When was this ? Mr. Dewy . It was the latter end of April , or the beginning of May , as I take it ; I do not very well remember : but the substance of it I remember was , that they had over-heard Mr. Oates and Mr. Bedloe conspiring against my Lord of Danby . L.C.I. Mr. Dewy , can you remember whether they did come to give you information against Mr. Oates for abusing their Bodies , or Oates and Bedloe's Conspiracy against the Earl of Danby ? Mr. Dewy . Truely , my Lord , I can't be positive in it ; for the Parliament was then sitting , and I shifted them off . Mr. Iust. Pemb. You never looked into the Information at all ? Mr. Dewy . No , I did not , I thought it not proper for me . Mr. Recorder . Call Henry Wiggins and his mother : ( who were both sworn . ) Mr. Att. Gen. Come on Mr. Wiggins , what do you know of any endeavours of Knox or Lane , or any of these persons , to take off or scandalize Mr. Oates or Mr. Bedloes Testimony ? L. C. I. What is this mans Name ? Mr. Att. Gen. Henry Wiggins . Wiggins . About the latter end of February last , Mr. Knox and I met at Charing-cross , and we went in and drank together ; and he proposed several things to me ; first he desired that I would get for him a Copy of the Papers my Master had . L. C. I. Who is your Master ? Wiggins . Mr. Bedloe . And especially what concerned my Lord Treasurer ; as also to take a Journal of all my Masters Actions , and the Names of the persons that came to him ; for , said he , my Lord hears that my Lord of Shaftesbury and the Duke of Buckingham do cabal with him against my Lord. But if my Lord could but find out his Enemies , he would oppose them , and strive to baffle them . My Lord , to encourage me to this , he told me he would carry me to his Lord , though it were at mid-night , to discourse with him . L. C. I. What Lord ? Wiggins . My Lord Treasurer : and he said he should give me incouragement to go on . Said I , Does my Lord know of this ? Yes , said he , I told my Lord I had a friend lived with Mr. Bedloe , and he gave me incouragement to go on and Treat with him . And he said moreover , my Lord , Mr. Oates and Bedloe were two great Rogues ; that the King believed not a word they said ; and as soon as he had heard all they could say , they should be Hanged . Mr. Williams . Pray did he propose any Reward to you ? Wiggins . He told me his Lord should give me encouragement . L. C. I. What should you do ? Wiggins . He desired me to give my Lord the Papers , and then my Lord should tell me what I should do about my Master . Sir Fra. Winn. What did he say of Oates and Bedloe , Sir ? Wiggins . He said , That Oates and Bedloe were great Rogues , and that the King knew them to be so ; and when he had heard what they could say , he would hang them . Mr. Williams . Pray upon your Oath , did he offer you any money , or any reward ? Wiggins . He offered me not any particular sum , but he told me I should have satisfaction and reward , or any Place in my Lords disposal I should be entertained into , if I went away upon this business . Mr. Williams . Did he say any thing to you , to invite you , or incourage you to Swear against your Master ? Wiggins . No , but he told me my Lord should give me directions how to go on . Mr. Recorder . What say you as to Lane and Osborne ? Wiggins . I did not know them at that time . Mr. Recorder . What time after was it that you did know them ? Wiggins . I met with them a little while after , and they were discoursing all together , but I had no discourse with them . Mr. Recorder . Did Knox at any time speak to you , to bring him into the Company of Lane and Osborne ? Wiggins . No , Sir. Mr. Recorder . This was the first time you met with him about this matter ? Wiggins . Yes , it was . L. C. I. What did you promise Knox you would do ? Wiggins . I told him I would do him any service that lay in my power , but nothing that would be to my Masters prejudice ; and I was appointed by him to meet him at my Lord Treasurers . L. C. I. And what other meetings had you besides ? VViggins . I was but twice with him . L. C. I. You never agreed to any thing ? VViggins . I told it my Master , and it was discovered soon after , so that the Lords came to hear it . Mr. Att. Gen. Where is Mrs. VViggins ? What do you know of any endeavours to corrupt this Evidence ? Mrs. VViggins . I know no more than what my Son knows ; he first came to my House . L. C. I. Who ? Mrs. Wiggins . Mr. Knox ; and asking me where my Son was , I told him he lived with Mr. Bedloe : and he said , he very much rejoyced at it , and desired to speak with him . I told him , No , he could not , for his Master had so much employment for him , that it was very seldom I my self could get a sight of him . Said he , I have a little concern with him ; and he living with Mr. Bedloe , may do my Lord Treasurer great service ; and doing my Lord Treasurer service , he does his Majesty service ; for his Majesty loves my Lord Treasurer above all things in the world . And he would not be contradicted , but he would see him . Then the next day I told him he should come , and we appointed to go to him ; but he should not see him alone without me , I told him ; he told me he desired it not . He came according to the appointment , and I carried him to Charing-cross to an Ale-house , and there I sent a Porter for my Son , and he came : and the first thing he said to him was , I am mighty joyful to know you live with Mr. Bedloe ; you may do my Lord great service : In what , says my Son ? In letting my Lord know what company your master keeps , and what Lords they are that dayly and hourly keep company with your master , and Cabal against my Lord. Said I , Mr. Knox , that is the way to bring my Son's neck to the Stake ; that he shall never do . But , says he , I will tell him a way how he shall do himself no harm at all : And then he up and told him , he desired him to write him Letters when he found any thing of secrecy , and set no Name to it ; and if he came at twelve a clock at night , he would let him in to my Lord Treasurer's , and no body should take notice of it : and he would have had him taken a Coach to have gone to my Lady Danby presently , to have an assurance from her mouth of encouragement , and that he should have any Place in her Lords disposal . L. C. I. Were you ever with my Lady Danby ? Mrs. Wiggins . No , we deni'd it ; and it was discovered . And besides , my Lord , I told him , if he would lay down my Son a thousand pound he should not do it ; he should not betray his Trust. And then he said , that the King knew Mr. Oates and Mr. Bedloe to be two great Rogues ; and when he had got what he could out of them , he would hang them . Mr. Williams . Have you had any offers of late not to come here as a Witness in this Case ? Mrs. Wiggins . No , my Lord ; but there have been persons three times at my house to know whether I were Subpoena'd yea or no , as from Mr. Knox. Mr. Williams . Did ever any body perswade you not to come to give Evidence ? Mrs. Wiggins . No. L. C. I. When was this you speak of ? Mrs. Wiggins . In February , the latter end . Mr. Serj. Maynard . Mr. Dewy , who came in company with Mr. Knox to you ? Mr. Dewy . One Mr. Blayden . Mr. Serj. Maynard . Who is that ? Mr. Dewy . Steward to my Lord of Danby , I think . Mr. Serj. Maynard . Here is Slightam again , my Lord. Mr. Att. Gen. What have you to say more ? Slightam . Mr. Lane told me they had many Treats , and had so much money , a Guiney , as I think he told me , to swear against Mr. Oates . L. C. I. Who gave it him ? Slightam . Mr. Osborne , or Mr. Knox , I can't tell which . L. C. I. Where did Lane tell you so ? Slightam . In Prison . L. C. I. In what Prison ? Slightam . In the Gatehouse . Mr. Williams . Call Mr. Palmer . ( who was sworn . ) We call him to corroborate what that young man VViggins hath said . Mr. Palmer . What he hath told here , he discovered first to me , and I discovered to his Master , that Mr. Knox would have had him to take a Journal of his masters actions , and to give it him every day . My Lord , I am one of the Yeomen of the Guard , and I waited upon Mr. Bedloe , and he desired me to help him to a Clerk : I helped him to VViggins , this young man. He had not been there three weeks , or a very little time , when Knox came to him to tempt him ; and being a stranger to his master , he knew not how to discover it to him , and told me , Such a thing is offered to me , but I am a stranger to my master , and I know not how to break it to him . L. C. I. The use you make of this , is no more , but onely to corroborate what he hath said , that he told it him while it was fresh , and that it is now new matter of his invention now . Mr. Recorder . It is very right , my Lord , that is the use we make of it . Call Thomas Dangerfield . ( who was sworn . ) Mr. VVilliams . Pray , Sir , give an account what you know concerning Mr. Knox and Mr. Lane , and what designs they have had against Mr. Oates , and who supported them and maintained them in it . Mr. Dangerfield . My Lord , all that I have to say in this Case , is this : I do think it was in the Month of Iune I was at my Lord Castlemains , and he asked me , if I had been imployed in a business of Knox and Lane , that were Prisone●● at the Gatehouse : I told him , Not. His Lordship then wrote a Letter to my Lady Powis , and desired I might be imployed in it : And she did tell me that it was a thing of material consequence , and that I should be furnished with money for the getting of Knox and Lane out . I took all opportunities for the doing of it that were necessary . I went to the Gate-house , made enquiry after Lane , and took care with his Mother to relieve him , for I heard he was in an indigent condition at that time . L. Ch. Iust. Did you give his Mother the money ? Mr. Dangerfield . Yes , my Lord , Twenty shillings , and I had that money from Mrs. Cellier by my Lady Powis's Order . After that time there was one Mrs. Airy , who used to carry money to the Catholicks in Prison , she said that it was possible , as she had been informed from some of the Priests in the Gate-house , that some things might be had under the hands of Knox and Lane that would be very material against Mr. Oates : She said she had been informed so . I then desired that Mrs. Airy that Pen and Ink might be conveyed to them , that they might have the convenience of giving it under their hands , which she promised , and they did convey Pen and Ink under the door to this Mr. Lane. L. Ch. Iust. How do you know that ? Mr. Dangerfield . As Mrs. Airy told me . Then she came again , and withal told me , that it was Mr. Knox's desire that Lane should do something to signifie to him , or satisfie him that he did stand fast , then Lane wrote a little note , and that note was to this effect . I will die before I will comply with that Villain Oates , and if any good People will do me the kindness to get me my liberty , I will do the Catholicks the greatest service imaginable in discovering what I know about Mr. Oates . This I write from the bottom of my heart , and shall die in it . So help me God. L. Ch. Iust. How came you by the Note ? Mr. Dangerfield . This note was written by Lane's own hand , and given from under the door to one Mr. Parsons a Priest in the Gate-house . This Parsons ga●● the note to Mrs. Airy , and she gave it to me . L. Ch. Iust. Do you know Lane's hand ? Mr. Dangerfield . Yes , very well , as I shall shew you anon . L. Ch. Iust. What became of the Note ? Mr. Dangerfield . My Lord , I don't know what became of the Note , for the Countess of Powis had it afterwards . L. Ch. Iust. Do you believe it was of Lane's own writing ? Mr. Dangerfield . I am very well satisfied of it my Lord , according to the Judgment I am capable to give of hands ; indeed I was not acquainted with his hand then , but that was the first to my knowledge , that ever I saw of it ; but after I having parted with the Note , and seeing some of his hand-writing , upon recollection I can say I believe it was his own hand . L. Ch. Iust. Did you ever see the Note again ? Mr. Dangerfield . Never afterwards . And then my Lord , my Lady Powis was exceeding glad upon the hearing of it , and as I was informed of it afterwards , she was the greatest part of the following day upon her knees , giving God thanks for the great advantage , and strength that was come to their Cause . L. Ch. Iust. What! for having a Villain to come over to her side , that swore backwards and forwards ? Mr. Dangerfield . Afterwards I received money several times , and gave his Mother more to furnish and relieve him . And several times afterwards I received money from Mrs. Cellier by Order of my Lady Powis for the doing of Lane's business , that is , for his liberty ; and I had the Papers from one Lawson an Attorney , that had been employed in the same business before ; and as I was informed by him , a motion or two was made at this Bar for their Liberty , but however he began to despair of it , and I was to undertake it ; but withal he said , he was glad he was rid of it , for he had been often employed in the business of the Catholicks , and it had impaired his credit very much , and very freely delivered the Papers to me , which indeed were not many . After that , my Lord , I retained Mr. Sanders , as I think it was he , but there was a motion about it , and with great difficulty I did get Lane out upon common Bail ; and when I had done so , according to my Lady Powis's Order , I brought him to Powis House ; and then my Lady Powis ordered , that he should go by the Name of Iohnson ; because if any of the Servants should talk of one Lane being in the House , it might come to Oates's Ear , the House might be search'd , and if he were found there , it might be prejudicial to the Lords , and all their business . And then , my Lord , Mr. Wood came a little after with the same Command from his Lord , and he had some Order — L. Ch. Iust. Who is Wood ? Mr. Dangerfield , That Wood is my Lady Powis's Gentleman : And he came and ordered that my Lady Powis gave particular Command to the Porter of the House , in my hearing , that he should give order to all the Servants , to have a particular eye and care that he did not go from the House , for they were very dubious of him , having made so many Equivocations before , for they feared Mr. Oates might find him , or he might go voluntarily and make a Discovery of himself , and so contradict all he had given an accompt of there . For , my Lord , before this , as soon as ever Lane was gone out , they were very desirous to have what he had to say put in Writing ; but they had not opportunity then , but we let it alone to some other time . Then , my Lord , soon after , about three Weeks or a Month after ; I cannot be positive in the time , because I had a great deal of business upon my hands ; but I suppose it was about three Weeks or a Month after , my Lord Powis sent for me to the Tower ; and told me he was informed that Mr. Oates was then making search after Lane , and if he found him at his House , it would be very prejudicial to their business ; and he desired me to take care , and to send him out of the way , that Mr. Oates might not find him , which I did ; and thinking of several places , I could not find any so convenient as Gray's in Essex , by the Water-side . I came to Lane , and told him that he should be furnished with mony and necessaries for his Journey , and , in order to it , that very day I took him and gave him a pair of Shooes and Ten Shillings in his Pocket , and sent him to Gray's . I received two Letters afterwards from this Lane , by which Letters I am very well satisfied , that that Note that he wrote before that was given under the Door , was his Hand . So then I received a third Letter ( I think ) my Lord , and in the Letter he told me that some Person of Mr. Oates's Acquaintance had been in that Town and seen him , and he thought it was not material that he 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 ●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 Treasurer : And that he had chosen to reveal this secret , and ease his Conscience to the Informant , rather than to any one else , because he thought he would keep it secret , for his own sake , because he had already suffered by endeavouring to serve the said Lord Treasurer , and thereupon the said Osborne shewed to the Informant some Papers written , as he told the Informant , all in his own hand , and which were relating to the said Lord Treasurer ; upon which the said Informant , told the said Osborne , that he was no servant of the said Lord Treasurers , and did not therefore desire to meddle in it ; and that particularly , because he had never spoke with the said Osborne before , and desired to be excused ; upon which the said Osborne did press the Informant , and withal did tell him , that if he did not assist him in this Affair , it was resolved both by him , and one Mr. Lane , that they would come in on the day of the said Lord Treasurers Tryal , and declare the truth concerning what they knew , concerning the malicious Design of the said Mr. Oates and Mr. Bedlow , against the said Lord Treasurer ; for that they could not rest for fear he should suffer innocently , whilst they could with so good a Conscience , as they thought , save him : And the said Osborne did withall declare , that the aforesaid Mr. Lane was resolved to speak to the Informant , upon the foresaid Matter : And the said Lane did accordingly , upon the said First of April , in the Evening , meet the Informant , and shewed him some Papers , wherein he had taken several Memorials , relating to His Majesty , the Queen , my Lord Treasurer , and several other Persons : And did withall declare to the Informant , That his Conscience was so troubled , to see the malicious Proceedings of the said Mr. Oates and Bedlow , against the said Lord Treasurer , that he could not rest in his Bed , untill he had disburdened it , by telling the Truth ; and if he had not met with this Informant , he was resolved to declare it speedily to some one else ▪ or come himself at the Day of the said Lord Treasurer's Tryal , and there declare all that he knew , relating to that Affair . And did withall conjure the Informant , as also the said Osborne , to keep all they had told him secret : For if it should come to the Ears of the said Mr. Oates and Bedlow , they would endeavour to Poison , or Murder them , the said Osborne and Lane , the first time they should see them . Tho. Knox. Then a Second was offered to be Read ; but there appearing Scandalous Matter to be in it , reflecting on the King ; the Court thought not fit , to suffer the same to be Read through . Mr. Serj. Maynard . My Lord , I think it appears by the Evidence sufficiently , how they did designe to Accuse Mr. Oates . Lord Chief Iustice. Ay , Brother , come let us hear what they can say to it on the other Side . Mr. Withins . May it please Your Lordship , and You Gentlemen of the Iury ; I am of Councel for the Defendant Knox , and for Knox only . Mr. Williams . Pray Sir , hold : My Lord , we have here Two Witnesses more , that will fortify Mr. Dangerfield in what he hath said . Call Susan Edwards , and Mrs. Blake . Then Mrs. Blake appeared , and was Sworn . Mr. Williams . Pray Mrs. Blake , what can you say of any Reward Lane was to have , for accusing Mr. Oates ? or any Promises were made to him ? Mrs. Blake . All that I can say of Lane , is this ; That Lane did say once to me , I am here ; and I was Dr. Oate's Man , and he would have Buggered me : And he did make Complaint for want of Linnen ; and spoke to me , to wash him some Linnen . Said he , Here I have no Linnen , neither will they let me have any ; and his Boy here , will not stir to look for any , unless Willoughby speak to him . Then the Boy was spoke to . Lord Chief Iustice. What is all this ? What sayes the other Woman ? Mr. Williams . He is called Willoughby sometimes , & sometimes Dangerfield ; for he went by both Names : But I ask you , What Money you know was given to him ? Blake . He told me , he was to be allowed Ten Shillings a Week ? Lord Chief Iustice. This is only to strengthen his Evidence . Blake . He never said to me , from whom it was . Then Mrs. Edwards was Sworn . Mr. Serj. Maynard . What do you say Mrs. ? Edwards . May it please you , I don't know Lane ; I never saw him in my Life , but only when he was sent for , by Mrs. Celier , to get an Habeas Corpus for Willoughby , who was then in Newgate ; and he did come the next Day , and gave his Answer to me . Lord Chief Iustice. She sayes nothing , but only he was desired to get an Habeas Corpus for VVilloughby . Mr. Sol. General . Yes , my Lord , she is called to shew you , whether Lane had not Money from Mrs. Celier . Edwards . That was the first time I saw him ; and the next Morning , I saw him him again : And when he came to the Door , he told his Errand to me . He said , He could get no Habeas Corpus : For he was such a Rogue , no Body would meddle nor make with him . Mr. Dangerfield . I would fain have her asked this Question , my Lord , if you please ; Did you ever see Mr. Knox , at Mrs. Celiers House ? Edwards . If I see him , I can tell . Then the Defendant , Knox , was shewn to her . Edwards . I cannot say , this is the Man : I have heard much talk of Mr. Knox , and that he hath been there ; but I cannot swear , this is he . Mr. Dangerfeild . My Lord , if your Lordship pleases , when Lane was first brought to me to the Countess of of Powis House , he was very meanly Equipag'd , and the Countess of Powis was informed of it , and did desire me to take some particular care to Cloath him , and that I should put him into a Disguise ; but at that time I had a Suit of Cloaths , that were Lined with Blew , which I gave to him ; and I also advised him to Cut off his Hair , and to put on a Perriwigg , which he did , and hath worn it ever since , as I believe . Lord Chief Iustice. Well , let us hear what they say to it . Mr. Withins . May it please Lordship , I am of Counsel in this Case for Mr. Knox ; there are two Persons here made Defendants : as for Mr. Lane , I have nothing to do with him , nor to say for him ; and his Case hath made him appear to be a very evil Man. But My Lord , I do observe that Indictment consists of two parts : the first is , that these two Defendants did Conspire together ; and this was the Thirtyeth of April ( and the proof comes to that time , for it will be Material in our Case ) that they did Maliciously and Deceitfully combine , and Conspire against Titus Oates Clerk , and VVill. Bedloe Gentleman , who had discovered this horrid Popish Plot , and whom they knew to have given Informations of it , to take away their Reputation , and make them Witnesses of no Belief or Credit ; that is one part of the Indictment , the other part is that to further the same ; Mr. Knox did cause two or three Letters to be written , as from Osborne and Lane to him purporting those aspertions to be layd upon Oates and Bedloe : for the last part of the Indictment , the Council for the King have not thought fit to proceed upon it , and they have not given an account of the Letters : but for the first part , their conspiring to take off the Reputation of Oates and Bedloe is the only thing they have proceeded upon as I conceive . I must needs say , my Lord , that Mr. Knox as well as Doctor Oates and Mr. Bedloe , have had a very great misfortune to meet with these men . L. C. I. To meet with whom ? Mr. VVithins . To meet with Osborne and Lane , for I do not here pretend to lay any aspersion , or make any reflections upon the Credit or Reputation of Doctor Oates or Mr. Bedloe . I think they have serv'd the Nation too well to be Villifi'd here . But I shall say this , that as Osborne and Lane had a great designe to disgrace and discredit Mr. Oates and Mr. Bedloe ; so they had a designe to draw my Clyent Mr. Knox in , to pursue their malice . I did shew you , that they did begin their Evidence as to time in April , and they have laid it so in the Indictment : we shall prove to your Lordship , and shew you , that before this , and before that Mr. Knox knew either Osborne or Lane , that they had drawn up this Accusation against Mr. Oates , and read it to several Witnesses , which we shall produce . And afterwards , when they came to advise how they should Prosecute the same , they were advised first to go to Mr. Thewer : he told them that it was a dangerous thing to meddle about , and he would not involve himself , but bid them take care what they did in it . Upon this they apply themselves to my Clyent Mr. Knox , he told them the same thing ; it is a matter of great Consequence , I desire not to meddle with it . Said they , will you not assist us in this business , when we only Discover this to acquit our own Consciences , who knew these things to be treating and contriving against the King and my Lord of Danby ? For my part , says one of them , I cannot leave the Town till I have discovered it . Notwithstanding this , Mr. Knox would not undertake to meddle with it , but left them . They come to him the second time , and Mr. Knox being a young man , and it seems , being a Servant in the Family , Entered into a Corresdence with them , to prosecute what they had design'd to do . There is nothing appears ( and this I would observe , if your Lordship please ) in the whole Evidence , that Mr. Knox was to Swear any thing against Dr. Oates , or Mr. Bedloe , ( as I remember ) but he was indeed engaged to carry on the Prosecution , these Witnesses enforming him of it ; and that it was a Truth , I must observe to your Lordship upon their Evidence , they did insinuate , as if Mr. Knox had been at the Charge of maintaining Lane : But I think , that Mr. Dangerfield hath pretty well cleared whence that Maintenance came , that he gave to Mr. Lane ; that it came through none of the Hands of my Clyent Mr. Knox. Lord Chief Iustice. No , Mr. Withins , he is not accused for giving him a constant Maintenance ; but for the Money , the Guinneys , and Ten Shillings . 'T is true , it was said , It was to be paid again ; but from him they had the Money : and it appears , that he provided Lodgings for them , and paid for their Lodgings . Mr. Just. Pemberton . And pray observe this , That what Mr. Dangerfield speaks of , is of a Time afterwards , after they had been taken and imprisoned , and confessed the Matter . Mr. Withins . But this you observe I hope , My Lord , from Mr. Dangerfield's Evidence ; That Knox was very poor , had not any thing to maintain himself with . Lord Chief Iustice. The Sums indeed , don't seem to be very Great ; a Guinney , and Ten Shillings in Silver : But whatever it was , he gave it them , and took Lodgings for them , and paid for them . Mr. Withins . I did intend to observe to your Lorship , That 't is a pretty strange thing , that there should be a Designe to corrupt Persons , to commit this foul and horrid Offence ; and nothing of a Reward or Corruption proved , but Two Guinneys , and Ten Shillings . Mr. Just. Pemberton . What say you to the Promises of Five Hundred Pound , and a Hundred Pound a Year a peece ? Mr. VVithins . That was Lane's own Evidence . Lane and Osborne might brag what they would , of what they were to have , and from whom : But I believe , not one in the Court , believed a Word they said . For it does appear , that Lane did forswear himself backwards and forwards , as the Wind blew . So that , as for what Lane hath said , it weighs not ; but we shall call two Witnesses , to whom Lane declared this matter in February and March , before the time that Knox was concerned : so that if we make it appear , that the Contrivance was theirs , and there was only a great deal of weakness and indiscretion in Mr. Knox , to believe such idle Persons , against Persons that had shewed themselves so considerable in this Discovery . I hope it vvill not be thought such a Crime in us , seeing there is nothing in it , but that a young man was led away ; and only his folly , and his indiscretion drew him in ; not any malice or ill design . Sir VVill. VValler . My Lord , Mr. Knox did confess to me , that he did throw down a Guinney , and then Lane and Osborne took it up ; but they both positively swore , that he threw it down for this Reason , that he might safely Swear , he never gave them it . Mr. Saunders . All that they swear is not agreed to be true ; My Lord , if your Lordship please , I am of Counsel for the Defendant Knox , and as to that part of the Indictment that charges him with writing the Letters they do not proceed upon . Mr. Serjeant Maynard . Yes , we do , we proceed upon the whole — L. Chief Iustice. They proceed upon the whole , but you may say if you will , they give no proof of it . Mr. Saunders . Then , as to that , with submission to your Lordships Judgment , the Defendant is to be found not Guilty . Mr. Iust. Pemberton . You must observe , These are not several Crimes , but one continued Crime , and therefore the Evidence must go to the whole . L. Ch. Iustice. You do well to observe it for your Client , but if you require it of the Counsel on the other side , it may be they will give you an Answer , if you will undertake to affirm that they have given no Evidence as to that part of the Indictment wherein it says , Mr. Knox contrived three Letters to scandalize Mr. Oats . Mr. Saunders . We submit it to the Court whether they have or no. For the other part of the Indictment wherein it is charged that he should maliciously contrive with Lane to lay a Calumny and Scandal upon Mr. Oates and Mr. Bedloe , the very point we are to answer to is this , whether this were a malicious contrivance or no , and for that we shall give your Lordship this Evidence , That Knox was a young ignorant man , and drawn in by Lane and Osborne to patronize their mischief they intended against Oates and Bedloe ; for my Lord , Mr. Knox was not acquainted with them , or had any thing to do with them till that they had contrived this matter among themselves : for , my Lord , we shall call you Witnesses to prove , that before Knox had to do with them , they would have had another person to prosecute this business for them . And if wel satisfie you that he was drawn in , I hope it will acquit us ; notwithstanding I will observe to your Lordship and the Jury , whether Lane be Guilty or not Guilty does not affect us , if we were onely drawn into the contrivance . L. Ch. Iust. Where ever Lane's Testimony stands single against Knox , it is no Evidence . Mr. Iust. Iones . But if he was not in the Plot at the beginning , but was drawn in , and did after proceed with them , as Dangerfield proves , I doubt it will not acquit him . Mr. Iust. Pemberton . Consider a little your Case , you say here was a Contrivance of two , that Knox was not in the beginning , but they offered it to others with whom it would not take , why let Knox come in when he will , if he does come into the Contrivance and takes the Papers and manages the business to fix these Scandals and encourage them to carry them on , Knox is as guilty as all the rest . Mr. Saunders . But if these men come and tell him these things are true and we can swear them , and so is drawn in , it takes away the malice of the Contrivance . L. Ch. Iust. This is the Use the Defendant Knox his Counsel make of it , at first Knox was not acquainted with the matter , and when he did come to understand it he thought it to be true , as they affirmed it was true , and , said they , we will go before a Justice of Peace and swear it : he was willing , there being a discovery of several Conspiracies against his Lord's Life , as they said , he being his Servant , he was willing to prosecute the business , and this is the Use they make of it . Mr. Iust. Pemberton . Come let us hear your Witnesses . Mr. Scroggs . Call Frances Lane and Mary Lane. L. Ch. Iust. But I 'll tell you what , it will be necessary to clear your selves as well as you can of those Papers that were delivered by Knox to Dangerfield , and went about to the Lords in the Tower , and afterward to Nevill , and by him amended , and after delivered to Knox again by Dangerfield : this does shew as if you were concerned in the whole affair , and in all the matter of the Information before it was cooked and after it was dressed . You must give some account of that , for that sticks strongly upon you . [ Then Mrs. Frances Lane and her Daugher Mary Lane were Sworn . ] Mr. Scroggs . Mrs. Lane , are not you Mother to Lane the Defendant ? Frances Lane. Yes . Mr. Withins . Pray will you give an account what your Son said to you in February last . Mr. Serj. Maynard . We pray they may ask their Questions in general . Mr. Iust. Pemberton . Don't you point her to a time . L. Ch. Iust. Answer me , What hath your Son said to you at any time concerning Oates ? Frances Lane. He spoke it about March. L. Ch. Iust. What did he say ? Frances Lane. He used him uncivilly , he had no mind to stay with him . L. Ch. Iust. What said you ? Frances Lane. I desired him to stay longer . L. Ch. Iust. How often did he tell you this ? Frances Lane. Several times . L. Ch. Iust. He had left his Service once , had he not ? Frances Lane. Yes . L. Ch. Iust. Was it before or after he left his Service ? Frances Lane. Before and after too . L. Ch. Iust. If he complained he had so used him before , why would he go to him again ? Frances Lane. Because the times were hard and I perswaded him . L. Ch. Iust. Ay , but would you perswade him after such an abuse of your Son as that ? Frances Lane. I thought then he would not do so again . Mr. Iust. Iones . When was the first time he complained to you ? Frances Lane. It was about Christmas . Mr. Iust. Iones . Was it before Christmas ? Frances Lane. It was after . Mr. Iust. Pemberton . Consider here you bring Lane's Mother to accuse him to excuse your self . L. Ch. Iust. But is this material ? Mr. Scroggs . It is material to our Client Mr. Knox , who was drawn in here by a couple of Rascals . We prove that before this time , which Justice Warcup and Sir William Waller have in their Informations , they offered the same discovery to others . L. Ch. Iust. Call them and prove it , but you will never have the better name for calling them ill ones . Mr. Scroggs . We lay all upon Lane and Osborne who inveigled Knox. Mr. Saunders . Pray Mrs. Lane tell the Court and Jury how and when your Son came acquainted with Mr. Knox. Frances Lane. May it please you my Lord , Osborn brings a Paper to our House and would have had my Son have read it , but he could not , so he read it himself ; and there were some desperate things in it . L. Ch. Iust. What were they ? Frances Lane. I can't tell , they were concerning the King and the Queen and my Lord Treasurer . L. Ch. Iust. When was this ? Frances Lane. In March last , at our House , and I desired them they would not meddle with such things , for I said they were things beyond them . My Son promised me he would not meddle with it , but let Osborne alone with it , but said I , pray go to one Captain Thewer , he is a good civil man , and a man of understanding . So they did go as I directed them . Mr. Iust. Pemberton . Who went ? Frances Lane. Osborne did . Mr. Iust. Pemberton . Who went with him ? for you say they . Frances Lane. Iohn Lane my Son. L. Ch. Iust. Was there any thing particular in those Papers concerning Mr. Oates being guilty of Sodomy ? Frances Lane. I cannot say in particular , it is a great while ago , but he went to Captain Thewer , and he wish'd him , after he had read it , said he , don't meddle with any of these things for it will be the worse for you . L. Ch. Iust. As your Son told you , you were not by . F. Lane. Yes they both told me so . With that says Mr. Osborne , I 'll find out one Mr. Knox , who had been some acquaintance of Mr. Wiggins , Mr. Bedloe's Clerk , and so , said he , I will ask Mr. Wiggins , if he be acquainted with Mr. Knox. L. Ch. Iust. Did your Son at that time know Knox ? F. Lane. No , my Lord , he had never seen him at that time : so my Son went , and they found Mr. Wiggins and Mr. Knox walking in the Abby . L. Ch. Iust. Was Lane with him then ? F. Lane. He went with Osborne , and came and told me , Knox would not meddle with them . L. Ch. Iust. Who came and told you so ? F. Lane. Osborne came and told me so and my Son. L. Ch. Iust. You were not by ? F. Lane. No , not I , but said he , as he told me , I will go to him again , and afterwards he did meet him again , as he said , and delivered them to him . Mr. Withins . Did you ever see Knox in your life ? F. Lane. I had never seen him then . Mr. Withins . Did you ever hear your Son say he did know Knox before that time ? F. Lane. Never in my life . Mr. Iust. Pemberton . But you do not prove that they were not acquainted . L. C.Iust . Do you believe Osborne said true , Mr. Saunders ? Mr. Saunders . Not when he spoke to Sir William Waller to accuse my Client of the Contrivance . L. Ch. Iust. In that case when 't is against your Client he did not , but in other cases he might , well go on . Mr. Withins . Which is Mary Lane ? M. Lane. I am she Sir. I can say no more then my Mother hath said , I was by at the same time . Mr. Saunders . Do you know when Iohn Lane came acquainted with Knox ? was it before April last or after ? Mr. Iust. Pemberton . How is it possible that any one can swear a Negative ? Mr. Saunders . If we can't prove the Negative , nor they the Affirmative , it will be presumed they were not , because it is not known . Mr. Iust. Pemb. Nor do you prove any Informations before given to any one . Mr. Saund. Yes , to Thewer . Mr. With. We will ask the Daughter about that . F. Lane. She can onely prove it by hearing it , for she was sick . Mr. With. Young Mrs. Lane , what was there in that Paper that Osborne brought to your House ? M. Lane. There was concerning the King and the Queen and my Lord Treasurer . L. C. Iust. Was there any thing in it concerning Mr. Oates ? M. Lane. Yes , there was concerning his beastliness . Mr. Iust. Pemb. Who read it ? M. Lane. Osborne I did hear reade it . Mr. Saun. Your Brother was not acquainted with Knox then ? Mr. Iust. Pemb. How can they tell that ? 't is impossible . L. Ch. Iust. The nature of the thing is such , that it can be proved no otherwise . But it seemed to them that they were of no acquaintance , it is hard to prove when an acquaintance begins . Mr. Saund. And further then this we cannot go in such a case ; for that thing of the great sums of money , certainly it was as little a thing as could be ; there was no more in the case then a Guiney , and ten Shillings and three half Crowns as proved , and he was cheated of them it seems , for they would not do the work . Mr. Scroggs . 'T is an improbable thing that he should be so poor as to sell the Handle of his Sword , and yet be ingaged in the management of such a Plot , and not have money for it . L. Ch. Iust. There is no great store of money appears to be given to Lane , but he was kept upon a mean maintenance . Mr. Iust. Iones . But it was not without expectation of a reward . Mr. Iust. Pemb. He tells you the wages was to be paid when the work was done . L. Ch. Iust. And when the Roguery was discovered , they had no more money then . Mr. Iust. Pemb. When the business came to be controverted thus , they had no reason to give it . Mr. Saund. Though Lane had maintenance , yet our Client Knox was not taken such care of , still there was provision made for him , but none for us , because we were drawn in and did not contrive it . Mr. Iust. Pemb. But remember Mr. Saunders , by the same hand there was forty Shillings given at one time . Mr. With. Well my Lord we have done : We say that we had no part in the malice of the contrivance , and therefore ought not to be punished with them . L. Ch. I. Well Mr. Holt , what say you for Lane ? Mr. Holt. My Lord , I am assigned of Counsel for the Defendant Lane. I have no Witnesses at all to examine , but onely shall make some little Observations upon the Evidence that is given for the King. As for the Indictment it self , though it is not several Crimes , but one complicated Crime , yet the Evidence that is given is onely to one part thereof , and therefore I submit it to your Lordship if the proof be proportionable to the Charge , and whether the Defendant ought not to be found not Guilty . There hath been great mention made of the writing Letters , yet it would be hard that the Defendant should be found Guilty of such an Offence when the proof does not come up so high : that would introduce a severer punishment then the crime proved would justifie . Mr. Just. Pemb. Pray Mr. Holt don't go away with that : I must set you right a little there , the Crime that is laid is , to discountenance the Kings Evidence , and to make them that they should not be believed ; the means are several , partly by casting of Crimes upon them , partly by writing Letters ; that Crime is another thing , and therefore if they do not find them Guilty of every one of the particular means , yet the Crime must be found . L. Ch. J. You are in the right thus far Mr. Holt , they have laid in the Indictment , that they endeavouring to disparage the credit of Oates and Bedloe , have for money's sake , and by promises and contrivances , and writing of Letters wherein was scandalous matter against Oates and Bedloe , they thereby did attempt to discredit them . Now say you if this matter be not proved that there was any scandalous matter concerning Oates and Bedloe , then the contrivance is not proved : but what though all the Facts in the Indictment are not proved , yet if there be enough to prove your contrivance to discredit them , and if you suppose the Evidence true that is given , it rests I think plainly upon your Client , and you cannot get off from it : but if there be not sufficient proof to maintain the Indictment for the crime of endeavouring to discredit Oates and Bedloe , unless they prove the Letters also , you say something , but there is the business that sticks on you , they have proved enough without that . Mr. Holt. If the Jury do not find them not Guilty generally , may they not find them not Guilty of writing the Letters ? L. Ch. I. No ; for if the other part of the Evidence did not amount to a proof of a design of disparaging their Testimony , you had a very strong objection of it : but if they lay five things , and they prove but one of them upon you , if that one serves to the disparaging of Oates and Bedloe , which is the substance of the Indictment , that maintains the Indictment . Mr. Holt. It does so my Lord , but not the aggravations . L. Ch. Just. All that you say then is in mitigation of a Fine , but if all be true that is proved upon your Client , as I see no reason to doubt it , you will save but little by this defence . Mr. Holt. My Lord , as to the matter , it all depends upon the credit of the Witnesses , and credibility of the Circumstances in themselves and one with another . Some of the Evidence is but very slight , and sure were but produced to spend time . L. Ch. Just. Indeed there was a great deal of it to little purpose ; for ought I see this Tryal needed not to have been above an hour . Mr. Holt. As for his saying he should have 100 li. a year , and the bettering of his fortune , it was but his vanity and extravagance . L. Ch. Just. Mr. Holt does argue as much for his Client as the Case will bear . Mr. Holt. They have endeavoured to lay all upon us , now if so be we are affected with any severe Evidence , I think the same Evidence ( to requite them ) does affect them . L. Ch. Just. This is a kind of Battel-royal , where every one hath two Enemies to oppose . Mr. Holt. Here is Mr. Dangerfield he comes , and in his Evidence tells you , that my Lady Powis was so long upon her knees to thank God that her Party was so much strengthned by the accession of Law , My Lord , I desire the Quality of Mr. Lane may be taken notice of , a Footman and a young rash Fellow , one that both for Age and Quality could not be very considerable . Lord Chief Iust. But two Witnesses is better than one , Mr. Holt , do you remember that ? Knox used that Expression , if Lane do but keep firm , we shall be too hard for Osborne alone , for two Witnesses are better than one , but by that he counted Lane worth something . Mr. Holt. You must consider what he was to swear they could scarce get an Evidence so proper for what they would have him swear . Lord Chief Iust. Mr. Williams , what Answer can you give to all the Transactions that Mr. Dangerfield tells you of about Knox ? Besides , take notice of this , you would have this to be a Contrivance by Lane and Osborne to be between themselves , and that your Clyent must be a stranger to it ; and when he comes to know it , he knows it only as a remorse of Conscience that they tell him they have , and desire him to go with him before a Justice of Peace to swear it , and he hearing something that might affect his Master the Earl of Danby , and believing that always true , did encourage that matter onely for his Masters Service , and thought he did a good Act in it : but your subsequent behaviour shews it was a Conspiracy rather ; for , First , your secret wayes of sending your cunning Notes , We all club'd together , and you payd two Shillings at the Sugar-Loaf , bear this , which shews , and does to my apprehension , signifie as if he would never own that he spent any thing upon them , and that he was bountiful to them . And then the giving of Money to the man to convey Notes , that they might not betray one another ; does not all these subsequent Actions , especially those Dangerfield tells you of , and receiving the Papers after they were enlarged upon speak it a Conspiracy , what can you say to all this ? Mr. VVilliams . My Lord — Mr. Iust. Pemberton . Stay a little , and Answer all together ; Do but consider with your self , those Informations your Clyent Knox did own he took , and before they were sworn , and carried them to My Lord Latimer's Lodgings , and he himselfe owns , that he took Lodgings for them , and lay with them , and when the Lords were in pursuit of them . Lord Chief Iust. And then does he steal them from place to place , takes Lodgings for them , and payes for them . Mr. Iust. Iones . He brings one of them to make Affidavit , and will keep it by him , is shie of shewing it ; afterwards does shew it , this makes him a Contriver too , as well as an Executer . Mr. Saunders . If your Lordship please — Mr. Iust. Pemb. Consider too the Papers that were put in too of Caution , that Knox and they should not be found in several Tales ; for Knox had been examined before they were , that was the meaning of those Instructions ? Lord. Ch. Iust. If you have any Witnesses to wipe your selves clean from the matter of receiving the Papers from Dangerfield , & taking Lodgings for them when they were under that accusation , do . Mr. Saunders . I have a word to answer upon the Testimonie of Mr. Dangerfield . Mr. Iust. Pemberton . Consider this , That he attempted another man upon the same account ; your Clyent did tempt VViggins to do the same thing to his Master . Mr. Saunders . That was in February before , and all that he said , was , that he would have had out of Mr. Bedloe's Servant , what Company his Master kept , and what he did . Lord Chief Iust. You do observe right . Mr. Iust. Pemb. And to have betrayed his Papers to him . Lord Chief Iust. That does not reach this Indictment indeed but that thing that he would have tempted him to , was to have discovered , and to have a transcript of all the Papers that concerned my Lord of Danby ; that he should watch his Company , and know what Lords were with him , that he might make his opposition as well as he could , and that he should have what Place he did desire under my Lord. It does not affect the Case of the Indictment , but if shews you are a Tempter of men , and that you are a Cautioner , that you would hire a man to betray his Masters Papers , which is not fair , let the Master be who he will. Mr. Iustice Pemberton , It facilitates the belief of this . Lord Chief Iustice , Yes : Ay , Ay , it is to make the Jury more apt to credite what the Evidence of this particular Fact is . Mr. Saunders , My Lord , let me offer this word and I submit , Mr. Dangerfield himself does swear , that Lane brought him a Paper containing the same matter that he did falsly accuse M. Oates of , and he read it over three times to him , and then he Swore it before Sir Iames Butler , My Lord , I will put my Cause upon that Point , whether Mr. Dangerfield did not believe it to be true at that time . Mr. Iustice Iones , Your Clyent is the more mischievous man to contrive it so as to make the thing to be believed when it was false . Lord Chief Iustice , The Use of the Argument he makes is this , that as Mr. Dangerfield might be deceived into a belief that the Information was true ; so might Mr. Knox as well , when he saw one ready to swear it ; but hath Dangerfield done those subsequent Acts which he hath done in the Confederacy , for which he is now Indicted ? Mr. Saunders , He swears in his Information , that they came to his Hands from Lane and Osborne . Lord Chief Iustice , Well Gentlemen , you of the Kings Counsel and of the Jury , you need not any summing up of the Evidence , I think the thing is Evident . Mr. Iustice Pemberton , Gentlemen , 't is a very clear Case , as clear as the Day , I think you need not go from the Bar , but do as you will. Then the Iury laying their Heads together , agreed without delay , and without moving from the Barr. Clerk of the Crown , Gentlemen are you all agreed of your Verdict ? Omnes , Yes . Clerk of the Crown , Who shall say for you ? Omnes , Foreman . Clerk of the Crown , How say you , are the Defendants Guilty of the Offence and Misdemeanour whereof they stand Indicted , or not Guilty ? Foreman , Guilty . [ At which the People gave a great Shout . ] Mr. Serjeant Maynard , My Lord , I pray the Verdict may be Recorded . Mr. Iustice Iones , Let it be so . Come , where are these two young Fellows ? let us see if they can shew their Faces now . [ And they were brought into the middle of the Court. ] Knox. Will your Lordship give me leave to speak one word for my self ? Mr. Iustice Iones , No : No , there 's no speaking now , take them into your Custody Marshal . [ VVhich was done , and the Court broke up . ] FINIS . Books lately Printed . THE Tryal , Conviction , and Condemnation of Anthony Brommich , and William Atkins , For being Romish Priests , before the Right Honourable the Lord Chief Justice Scroggs , at this last Summer Assizes at Stafford , held there for the County of Stafford . Where they receiv'd Sentence of Death accordingly . Together with the Tryal of Charles Kern , at Hereford Assizes last , for being also a Romish Priest. The Lord Chief Iustice Scroggs his Speech in the Kings Bench the first day of this Michaelmas Term , 1679 occationed by the many Libellous Pamphlets which are published against Law , to the Scandal of the Government , and Publick Justice . Together with what was declared at the same time on the same Occasion in open Court , by Mr. Justice Iones , and Mr. Justice Dolben . Sold by Robert Pawlet at the Bible in Chancery-Lane .