I Do Appoint Robert Pawlett to Print the Trial of Thomas Knox and John Lane, and let no other person presume to Print the same.  
WILLIAM SCROGGS.   

THE TRIAL AND CONVICTION OF THOMAS KNOX and JOHN LANE, FOR A CONSPIRACY, To Defame and Scandalise 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 Trial and Conviction OF THOMAS KNOX and JOHN LANE FOR A CONSPIRACY To Defame and Scandalise 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 King's Bench Bar at Westminster, Thomas Knox and john Lane were tried for the Misdemeanour and Offence herein after in the Indictment expressed, and which Trial 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 john Kirke  
Thomas Harriot  
Henry johnson  
Simon Middleton  
Hugh Squire  
Francis Dorrington  
john Roberts  
Rainsford Waterhouse  
Thomas Earsbie  
joseph Radcliffe  
james Supple  
Richard Cooper.   Who being numbered the Clerk of the Crown charged them with the Indictment thus,  Clerk of the Crown. 
Gentlemen, you of the Jury that are sworn, harken 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 john Lane of the same Parish and County Labourer, for that whereas Edward Coleman, William Ireland, and john Grove, and other false Traitors against our Sovereign Lord Charles the Second by the grace of God, of England, Scotland, France, and Ireland, King, defender of the Faith, etc. to the Jurors aforesaid unknown, the 24 th'. day of April, in the 30 th' year of the Reign of our said Sovereign Lord the King, at the Parish of S. Margaret's Westminster in the Country of Middlesex, Traitorously amongst themselves had conspired, consulted; and agreed, to bring, and put to death and destruction our said Sovereign Lord the King, and war against our said Sovereign Lord the King within this Kingdom of England to stir up, and the Religion in the said Kingdom of England rightly, and by the Laws of the said Kingdom established, to the superstition of the Romish Church to change and alter, and the Government of the said Kingdom of England to subvert; for which their said most wicked Treasons, and Traitorous conspiraries, consultations, and agreements, they the said Edward Coleman, William Ireland, and john Grove, in due manner and according to the Laws of this Kingdom of England were afterwards attainted, and underwent the pain of death for the same. And whereas William Earl of Powis, William Viscount Stafford, john Lord Bellasis, Henry Lord Arundel of Wardor, William Lord Petre, and Sir Henry Tichbourn Baronet, the 30 th'. day of Nou. in the 30 th'. year of the Reign of our said Sovereign Lord the King aforesaid at the Parish of St. Margaret's 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 Sovereign 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, john 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 john Lane well knowing the said William Earl of Powis, William Viscount Stafford, john 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 john Lane, being Devilishly affected towards our said Sovereign Lord the King their Supreme 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 William Earl of Powis, William Viscount Stafford, john Lord Bellasis, Henry Lord Arundel, and William 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 William Earl of Powis, William Viscount Stafford, William Lord Petre, john Lord Bellasis, Sir Henry Tichbourn, and Thomas Earl of Danby, to retard, they the said Thomas Knox and john Lane afterwards, to wit the 30 th'. day of April, in the 31 th'. year of the Reign of our said Sovereign Lord the King, at the Parish aforesaid, in the County aforesaid, falsely, maliciously and unlawfully did consult and agree among themselves, Titus Oates Clerk, and William Bedloe Gentleman, who Informations of the Treasons aforesaid had given, and whom they the said Thomas Knox and john Lane the day and year aforesaid, well knew to have given Information of the Treasons aforesaid against them, the said William Earl of Powis, William Viscount Stafford john Lord Bellasis, Henry Lord Arundel, and William Lord Petre, to scandalise, and upon the trial of the said William Earl of Powis, William Viscount Stafford, john 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 john Lane, and one William Osborn, to disgrace the Information of the said Titus Oats and William Bedlow, against them the said William Earl of Powis, William Viscount Stafford, William Lord Petre, john Lord Bellasis, and Henry Lord Arundel, for our said Sovereign Lord the King, to be given falsely, maliciously, subtly, and advisedly, did Write and cause to be Written three Letters, and those Letters, so written falsely, craftily, unlawfully, and advisedly, did direct and cause to be delivered to himself the said Thomas Knox, by which said Letters falsely, craftily, and deceitfully, it was declared that they the said john Lane and William 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 Oats 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 Oats was a person of a wicked and vicious Life, and made an assault upon the said john Lane, and with the said john 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 persuade the said john Lane and William Osbourn falsely to accuse the said Titus Oats and William Bedloe, that they the said Titus Oats and William 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 Sovereign 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 Sovereign Lord the King aforesaid, at the Parish aforesaid, in the County aforesaid, falsely, advisedly, corruptly, and against the duty of his Allegiance, unlawfully gave to the said john Lane, and William Osborn divers great sums of money, and also further falsely, 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 john Lane and William Osbourn, that they the said john Lane and William Osbourn, within a certain time by the said Thomas Knox, to the said john 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 Kingdom of England to the evil and pernicious example of all others in the like case offending, and against the peace of our said Sovereign Lord the King, his Crown and Dignity, to this Indictment, the said Thomas Knox and john 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 King's Attorney likewise. And your charge is to inquire if they are Guilty or not Guilty, etc.  Clerk of the Crown. 
Make an, O yes.  Cryer. 
O yes, If any one will give Evidence, on the behalf of our Sovereign Lord the King, against Thomas Knox and john 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 john 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 Sovereign 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 scandalise them, did falsely 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 Oats and Bedloe, that they had conspired falsely to accuse the said Earl of Danby, and that Oats was a person of a vicious 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 john Maynard the King's eldest Sergeant at Law pursued the charge thus.  Mr. Serj. Main. 
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 scandalise 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. Main. 
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 jointly declared, and, I think, 'tis so public that no body will doubt there is such a thing; who is guilty that is another matter.  L. Chief. Iust. 
This Court must take notice of that▪ because, some have been tried, convicted, and condemned for it by this Court.  Mr. Serj. Main. 
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 Oats, than the endeavour was to suppress this Examination that he had taken, and that by no less a wickedness 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 public and known. My Lord, all this while stood Oats single, it fell out by the Mercy of God, that a further discovery was made by Bedloe, he was examined, and it is publicly known, and public 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 wickedness, 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 ways, 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 scandalising them with foul offences, especially Dr. Oats, and that was thus (as we shall prove to your Lordship) Lane had been a servant with Oats, 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 Main. 
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. Main. 
Then they pretended this matter, that they were touched in Conscience, and now they repent, and must discover the truth for the truth's 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 Majesty's 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 Counterpart of Mr. Readins case, only it seems in this to differ, that the Counterpart exceeds the Original, for, I think, that it is of a further extent than 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 suppress and withdraw the King's Evidence, or to disgrace the King's 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 Kingdom, 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' Servants, had the opportunity to get into his Master's 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 scandalising, 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. Sergeant 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 Guineas have been cunningly dropped 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 Guineas 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 sums 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. justice 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 john Lane was a Yeomen of the Guard extraordinary, and I am one of his Majesty's 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. justice jones, 
When was this?  Radford, 
Above a twelve month 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 Oats 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 man's name?  Mr. Attorn. Gen. 
Mr. Allen, my Lord. What do you know of any application to bring this Lane into Oats' 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 Oats his service—  Lord Chief Iust. 
Who was gone out of Doctor Oats' 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 Oats?  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 bragged he should get a great sum 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 sum 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 itself.  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 signify to these Defendants?  Sir Francis Winnington, 
Although he is not a party that does defend this matter, yet it is all one entire 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 enlighten 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 ask Osborne a little after he was let out of the Gatehouse, how he came to repent himself—  Lord Chief Iust. 
Who had repent himself?  Mr. S. Oates, 
Osborne.  Lord Chief Iust. 
Had Osborne repent himself, of what?  Mr. S. Oates, 
Of what he had given an account of before the Committee.  Mr. Just 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 enlighten that evidence we give against them.  Lord Chief Iust. 
Why did you not make Osborne a party?  Mr. Sergeant Maynard, 
He is laid in the Indictment to join with them, but he is run away.  Mr. justice 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. Sergeant 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 persuade 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 show 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 myself to take their examinations.  L. C. Iust. 
What two Servants were they?  Sir William Waller, 
They did belong to Dr. Oates.  L. C. Iust. 
What were their Names?  Sir William Waller, 
Osborne and Lane.  L. C. Iust. 
What 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 carried to Mr. Cheyney to Chelsey.  L. C. I. 
Who carried them?  Sir W. Waller. 
Knox took Osborne and Lane with him, and carried 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 surrendered 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. Oats, 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 Villainy 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 showed you several Papers and Informations against the Credit of Oats and Bedloe, and told you that Knox did tempt him to justify 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 wronged Mr. Oats 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 falsehood, and was done by the instigation of Knox, who had encouraged 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 W. Waller. 
I have examined them many times as to that, but could never learn any thing.  Mr. justice Pemberton. 
Sir William Waller, was Knox ever before you?  Sir W. Waller. 
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. justice 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 conveyed?  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 show 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 aught I know.  Sir W. Waller. 
The words my Lord were these, We always Clubbed, 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 Clubbed 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 King's 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 dropped a Guinny?  Sir W. Waller. 
My Lord, he confessed he had dropped a Guinny, but it was only to lend them, and they promised to repay him; and that one morning he dropped, 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 confessed he dropped 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 Danbies not Surrendering himself, pray let us hear that over again.  Sir W. Waller. 
Mr. Lane said this, that my Lord of Danby would not have surrendered 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 ourselves 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 john 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 daily to Prayer in the morning to the Chapel, 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 denied all that he had said, that is, that what he had said before the Lords was true, but that particular Examination before Sir W. Waller was by him alone.  Sir Fr. Winn. 
Was he upon Oath before you?  Mr. Warcup. 
Yes, I find he was.  L. C. I. 
Did you examine him after Sir W. Waller, or before?  Mr. Warcup. 
To the best of my remembrance it was before.  Mr. Iust. jones. 
He was upon his Oath there too?  Mr. Warcup. 
Yes, and I must acquaint you I find it at the bottom to be (jurat.) 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. Warcup. 
Yes.  Mr. Iust. jones. 
Was he upon his Oath the last time, when he said this to the Committee?  Sir W. Waller. 
Yes my Lord, I was by too, I heard him.  L. C. I. 
So he swears backwards and forwards.  Sir Fr. Winn. 
Such People use to do so.  Mr. Warcup. 
That particular of the Note, that Mr. Knox sent up by the Nurse, I was by and did hear him confess it.  Sir W. Waller. 
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. jones. 
What, before the Lords?  Sir W. Waller. 
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 clubbed, 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 Friars, 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 lain with them at that time.  Sir Fran. Win. 
Pray, upon your Oath, when he had told you he had lain 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 confessed, 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 selfsame day, he went by the direction of one of my Lord Dunblain's Servants, a Coachman 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 Coachman?  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 Treasurer's 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 entertained him; and after he had entertained 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 myself. 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 smelled 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 myself, 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 cried 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 Gentlewoman's 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 Son's 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 surrendered 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. justice 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. justice Pemberton. 
You say he told you that Knox promised them? How far Knox will be concerned in this Evidence, will be considered afterwards.  Mr. Sergeant Maynard. 
Now we come to Knox's own particular actings. What hath been said already, hath been out of other people's 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 myself, 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 carried 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 signify 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. jones. 
They were both in the Gatehouse Prisoners at that time.  Slightam. 
Yes, so was I. But they were locked 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 'tis 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. 
Truly, my Lord, I can't well remember; but he said they repent 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 overheard Mr. Oats 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. Oats for abusing their Bodies, or Oats and Bedloes Conspiracy against the Earl of Danby?  Mr. Dewy. 
Truly, 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 scandalise Mr. Oates or Mr. Bedloes Testimony?  L. C. I. 
What is this man's 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 Master's 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 midnight, to discourse with him.  L. C. I. 
What Lord?  Wiggins. 
My Lord Treasurer: and he said he should give me encouragement 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 encouragement 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 Oats and Bedloe, Sir?  Wiggins. 
He said, That Oats 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 Lord's 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 encourage 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 Master's prejudice; and I was appointed by him to meet him at my Lord Treasurers.  L. C. I. 
And what other meetings had you besides?  Wiggins. 
I was but twice with him.  L. C. I. 
You never agreed to any thing?  Wiggins. 
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. Wiggins? What do you know of any endeavours to corrupt this Evidence?  Mrs. Wiggins. 
I know no more than what my Son knows; he first came to my House.  L. C. I. 
Who?  Mrs. Wiggins. 
Mr. Knox; and ask me where my Son was, I told him he lived with Mr. Bedloe: and he said, he very much rejoiced 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 myself 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 Alehouse, 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 daily 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 Lord's disposal.  L. C. I. 
Were you ever with my Lady Danby?  Mrs. Wiggins. 
No, we denied 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. Oats 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 persuade 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 Wiggins 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 master's 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 Wiggins, 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 only 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. William's. 
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 june I was at my Lord Castlemains, and he asked me, if I had been employed in a business of Knox and Lane, that were Prisoner's at the Gatehouse: I told him, Not. His Lordship then wrote a Letter to my Lady Powis, and desired I might be employed 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 Gatehouse, 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' Order. After that time there was one Mrs. Airy, who used to carry money to the Catholics in Prison, she said that it was possible, as she had been informed from some of the Priests in the Gatehouse, that some things might be had under the hands of Knox and Lane that would be very material against Mr. Oats: She said she had been informed so. I than 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 signify to him, or satisfy him that he did stand fast, than 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 Catholics 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 Gatehouse. This Parson's 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 show 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 Judgement 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 Catholics, 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' Order, I brought him to Powis House; and then my Lady Powis ordered, that he should go by the Name of johnson; because if any of the Servants should talk of one Lane being in the House, it might come to Oates' Ear, the House might be searched, 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' 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 account 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 Waterside. I came to Lane, and told him that he should be furnished with money and necessaries for his Journey, and, in order to it, that very day I took him and gave him a pair of Shoes 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' Acquaintance had been in that Town and seen him, and he thought it was not material that he stayed any longer there, and desired to be removed. So then I showed my Lady Powis the Letter, and I suppose my Lord Powis had an account of it also; but I cannot be positive in that, but I had order to remove Lane, and by my Lady Powis' 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' House: At which time, he says, he was forced to lie 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' House in Buckinghamshire; for, said she, they are Catholics, 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 Trial 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' 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 Gatehouse, 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, alias Pain, was furnished with money 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 persuasion, I received several Papers, which were Informations against Oats; 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 james 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 Oats 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 james Butler, and he did make Affidavit that it was true: And it was left there before Sir james 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 removed 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 myself; 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 jones. 
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 enlarged 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 Oats, 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 jones. 
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 enlargement.  Mr. Justice Pemberton. 
Pray Sir, tell the manner of the delivering of those Papers.  Mr. Dangerfield. 
First, by Mrs. Cellier's persuasion, 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 enlarge 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 Catholics; by Parsons, my Lady Powis, and several others, that Mr. Oates, Dr. Tongue, my Lord of Danby, and others, did meet at the Almshouses there, where the Plot was contrived and form; 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. Oats, 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 myself 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 withal 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 Oats, 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 public 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 Master's 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 spoke 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 james 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 remembering 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 than she was lodged 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, 'tis 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 Ladyship came to me to ask me what condition he was in to prosecute the Trial; 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 pawn 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 seemed 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 Lie, 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 seemed to be angry that I did not let him have the Money, and ordered 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 fetched 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 james 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 Mrs. Celier; sometimes from Mr. Wood, and sometimes from myself, and I placed it to account.  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 justice. 
Would you have them read, Brother?  Mr. Serj. Maynard. 
Yes, my Lord.  Lord Chief justice. 
Who proves them?  
Then the justices 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 carried 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. Warcup. 
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 something of moment to reveal to him; and did also desire the Informant to go with him into the Abbey, 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. Oats 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 showed 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 Trial, and declare the truth concerning what they knew, concerning the malicious Design of the said Mr. Oats 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 withal 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 showed him some Papers, wherein he had taken several Memorials, relating to His Majesty, the Queen, my Lord Treasurer, and several other Persons: And did withal declare to the Informant, That his Conscience was so troubled, to see the malicious Proceedings of the said Mr. Oats and Bedlow, against the said Lord Treasurer, that he could not rest in his Bed, until 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's Treasurer's Trial, and there declare all that he knew, relating to that Affair. And did withal 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. Oats 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 design to Accuse Mr. Oates.  Lord Chief justice. 
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 jury; I am of Council 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 Edward's, 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. Oats? 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 Linen; and spoke to me, to wash him some Linen. Said he, Here I have no Linen, 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 justice. 
What is all this? What says 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 justice. 
This is only to strengthen his Evidence.  Blake. 
He never said to me, from whom it was.  
Then Mrs. Edward's was Sworn.  Mr. Serj. Maynard. 
What do you say Mrs.?  Edward's. 
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 justice. 
She says nothing, but only he was desired to get an Habeas Corpus for Willoughby.  Mr. Sol. General. 
Yes, my Lord, she is called to show you, whether Lane had not Money from Mrs. Celier.  Edward's. 
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?  Edward's. 
If I see him, I can tell.  
Then the Defendant, Knox, was shown to her.  Edward's. 
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. Dangerfield. 
My Lord, if your Lordship pleases, when Lane was first brought to me to the Countess of of Powis House, he was very meanly Equipaged, and the Countess of Powis was informed of it, and did desire me to take some particular care to clothe him, and that I should put him into a Disguise; but at that time I had a Suit of clothes, that were Lined with Blue, 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 justice. 
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' Oats Clerk, and William. 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 aspersions to be laid upon Oats 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 Oats 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 Oats and Mr. Bedloe, have had a very great misfortune to meet with these men.  L. C. I. 
To meet with whom?  Mr. Withins. 
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 served the Nation too well to be Vilified here. But I shall say this, that as Osborne and Lane had a great design to disgrace and discredit Mr. Oates and Mr. Bedloe; so they had a design to draw my Client Mr. Knox in, to pursue their malice. I did show 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 show 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 Client 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 designed 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 informing 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 Client Mr. Knox.  Lord Chief justice. 
No, Mr. Withins, he is not accused for giving him a constant Maintenance; but for the Money, the Guinneys, and Ten Shillings. 'Tis 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 justice. 
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 Lordship, That 'tis a pretty strange thing, that there should be a Design 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 piece?  Mr. Withins. 
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 showed themselves so considerable in this Discovery. I hope it will 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 William. Waller. 
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. Sergeant Maynard. 
Yes, we do, we proceed upon the whole—  L. Chief justice. 
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 Lordship's Judgement, 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. justice. 
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 scandalise 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 patronise their mischief they intended against Oats 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 well satisfy 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 only drawn into the contrivance.  L. Ch. Iust. 
Where ever Lane's Testimony stands single against Knox, it is no Evidence.  Mr. Iust. jones. 
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 yourselves 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 Nevil, and by him amended, and after delivered to Knox again by Dangerfield: this does show 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 Daughter 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 Oats?  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 persuaded him.  L. Ch. Iust. 
Ay, but would you persuade him after such an abuse of your Son as that?  Frances Lane. 
I thought then he would not do so again.  Mr. Iust. jones. 
When was the first time he complained to you?  Frances Lane. 
It was about Christmas.  Mr. Iust. jones. 
Was it before Christmas?  Frances Lane. 
It was after.  Mr. Iust. Pemberton. 
Consider here you bring Lane's Mother to accuse him to excuse yourself.  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. 
john Lane my Son.  L. Ch. Iust. 
Was there any thing particular in those Papers concerning Mr. Oats 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 wished 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. Bedloes 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 Abbey.  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 'tis 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 than my Mother hath said, I was by at the same time.  Mr. Saunders. 
Do you know when john 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 only 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. Oats?  M. Lane. 
Yes, there was concerning his beastliness.  Mr. Iust. Pemb. 
Who read it?  M. Lane. 
Osborne I did hear read it.  Mr. Saun. 
Your Brother was not acquainted with Knox then?  Mr. Iust. Pemb. 
How can they tell that? 'tis 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 than 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. 
'Tis an improbable thing that he should be so poor as to sell the Handle of his Sword, and yet be engaged 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. jones. 
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 only shall make some little Observations upon the Evidence that is given for the King. As for the Indictment itself, though it is not several Crimes, but one complicated Crime, yet the Evidence that is given is only 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 than the crime proved would justify.  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 King's 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 Oats and Bedloe, have for money's sake, and by promises and contrivances, and writing of Letters wherein was scandalous matter against Oats 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 Oats and Bedloe, than 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 Oats 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 Oats 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 aught I see this Trial 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 strengthened 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 Client 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 only for his Master's Service, and thought he did a good Act in it: but your subsequent behaviour shows it was a Conspiracy rather; for, First, your secret ways of sending your cunning Notes, We all clubbed together, and you paid two Shillings at the Sugar-Loaf, bear this, which shows, and does to my apprehension, signify 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. William's. 
My Lord—  Mr. Iust. Pemberton. 
Stay a little, and Answer all together; Do but consider with yourself, those Informations your Client Knox did own he took, and before they were sworn, and carried them to My Lord Latimer's Lodgings, and he himself 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, taketh Lodgings for them, and pays for them.  Mr. Iust. jones. 
He brings one of them to make Affidavit, and will keep it by him, is shy of showing it; afterwards does show 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 yourselves 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 Testimony of Mr. Dangerfield.  Mr. Iust. Pemberton. 
Consider this, That he attempted another man upon the same account; your Client did tempt Wiggins 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. Bedloes 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 shows you are a Tempter of men, and that you are a Cautioner, that you would hire a man to betray his Master's Papers, which is not fair, let the Master be who he will.  Mr. justice Pemberton, 
It facilitates the belief of this.  Lord Chief justice, 
Yes: Ay, Ay, it is to make the Jury more apt to credit 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 falsely accuse M. Oates of, and he read it over three times to him, and then he Swore it before Sir james 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. justice jones, 
Your Client is the more mischievous man to contrive it so as to make the thing to be believed when it was false.  Lord Chief justice, 
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 justice, 
Well Gentlemen, you of the King's Counsel and of the Jury, you need not any summing up of the Evidence, I think the thing is Evident.  Mr. justice Pemberton, 
Gentlemen, 'tis 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 jury 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. Sergeant Maynard, 
My Lord, I pray the Verdict may be Recorded.  Mr. justice jones, 
Let it be so. Come, where are these two young Fellows? let us see if they can show 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 myself?  Mr. justice jones, 
No: No, there's no speaking now, take them into your Custody Marshal.  
[Which was done, and the Court broke up.]  
FINIS.   

Books lately Printed.  
THE Trial, 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 received Sentence of Death accordingly.  
Together with the Trial of Charles Kern, at Hereford Assizes last, for being also a Romish Priest.  
The Lord Chief justice Scroggs his Speech in the King's Bench the first day of this Michaelmas Term, 1679 occasioned by the many Libellous Pamphlets which are published against Law, to the Scandal of the Government, and Public Justice.  
Together with what was declared at the same time on the same Occasion in open Court, by Mr. Justice jones, and Mr. Justice Dolben.  
Sold by Robert Pawlet at the Bible in Chancery-Lane.