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am not speaking of their Evidence, but only of sons that stand indicted, that is Lane and their Examination before the Lords.
Knox. I presume the gentlemen that are on L. C. J. What was it that was there wit- the other side for each of the prisoners (for I nessed?
perceive those that are for the one, are not for Serj. Maynard. Then they pretended this the other) may expect that there should be matter, That they were touched in conscience, proof made of what is laid as inducement in and now they repent, and must discover the the indictment, and will not tend immn. diately truth for the truth's sake, that themselves were to that which will be the question in this case : false in making of the charge, and this my lord, for there is recited in the indictment the conInust be furthered with bribes and rewards, as viction of Coleman in this place, and others in we shall prove to you. We shall make out the other places, for the high-ireason the evidence particulars by witnesses, and then we think we whereof these persons are indicted for scandamay leave it to your lordship and the jury to lizing, we have bere the Records ready to determine. In truth, my lord, it happens in prove it. this case as it did long ago, when the first dis- L. C. J. I suppose they will admit that. covery was of a like design, and as is told by Recorder. If they will not, we have that the bistorian ; • Multi ob stultitiam non puta- | which will prove it. .bant, multi ob ignorantiam non videbant, Mr. Withins. My lord, we shall not stand "multi ob pravitatem non credebant, et non credendo conjurationem adjuvabant.'
Sol. General (sir Fr. Winnington.) We are Attorney General (sir Cr. Levinz). May it ready, if you do. please your lordship, and you gentlemen of the Serj. Maynard. And you will admit that jury: I am of counsel for the king in this cause, Dr. Oates and Mr. Bedlow were witnesses upon whose suit it is. The evidence hath been open- | those trials ? ed fully by Mr. Serjeant. I shall only say this, Mr. Withins. Yes, and gave evidence very that this is a counter-part of Mr. Reading's considerable. Case, only it seems in this to differ, that the Recorder. Then, my lord, we must hint to counter-part exceeds the original; for, I think, you, that Lane, who is one of the persons taken that it is of a further extent than his was. It notice of in the indictment, was a servant to hath been told you, by Mr. Serjeant, and, I Dr. Oates; Knox was not in his service, but know, the Court will tell you that it matters not Knox is a man that made use of Lane as a whether those persons that are accused of the handle to the matter he had designed; therePlot, and impeached for it, were guilty or not, it fore letters are prepared, but by whom? That is sufficient that they are accused, and that by we shall give you an account of was by the dithese persons. For any body to endeavour to rection of Knox, though the letters that will be soppress and withdraw the king's evidence, or to produced, are directed to Knox himself. disgrace the king's evidence, that is not lawful, L. C. J. Your indictment says so. be the crime what it will; but it is a much Recorder. But we shall give you an account, greater crime in a case of this nature of High- that he was director of those letters himself; Treason, where the life of the king, the govern- but as your lordship may observe, there are ment of the kingdom, the religion, and the not only letters, but some accusations or intrue worship of God established in it, and the formations. We shall prove to your lordship laws of the nation are in danger. Some of these whose hand-writing they were, and who dicpersons are guilty, for Mr. Coleman, and se- tated those inforinations : for I think that Mr. veral others, bave been found guilty, and have Knox is pretended to have the most brains ; been executed for it. The design in this case and I believe Mr. Knox, in the consequence, that lies before you, gentlemen, to try, was to will appear to have the most malice. And we throw a disparagement upon the testimony of shall prove in the next place, that inasmuch those persons by whose evidence those traitors as it would be natural in the course of justice were principally attainted and executed. This to ask whether these persons should not have is, gentlemen, io attront the justice of the na- money for the reward of such a business; we tion, and indeed to cast a disparagement upon shall prove that there were treaties with Mr. it; and that sure is as great an offence as can Lane, and one Mr. Osborn who is not indicted, be; the matter of the evidence hath been (but was likewise a servant to Dr. Oates, and opened to you, I shall only acquaint your lord had thereby an opportunity of deceiving him) ship and the jury, that it hath been designed a that they bad meetings; how guineas have great while, and so long designed, that one of been cunningly dropped down, which was to the persons here accused, Mr. Lane, one of prevent, as I was acquainting your lordship, Oates's servants, had the opportunity to get any such question that should be asked, what into his master's secrets, thereby the more monies and rewards they were to have for this etfectually tu betray him, and as it will appear great discovery of any' wickedness that Mr. by witnesses, did carry on the design till it was Oates should be guilty of. Mr. Knox, he prediscovered, and by that discovery prevented, pares them in this manner. At every ineeting, as to any success.
when they were discoursing and pursuing this Mr. Recorder (sir George Jefferies). Your business, then by some unlucky accident or lordship is pleased to observe in the indictment other, Mr. Knox he is to drop a guinea or two, that is now to be tried, there are but two per according as Mr. Lane and the other person VOL. VII.
had occasion, or a desire to have it; but none | fellow; and all the whole guard know him to were to be given, but as by accident, as if Knox be a lying fellow, and that there is no truth in holding his guineas in bis hand, or in some him. other accidental way should drop them; and L. C. J. All wbo? then Osborn and Lane were to pick them up Radford. All the guard; and that is all I in a kind of a jest only, as if knox had acci
can say dentally let them fall, and they had as acci- Justice Jones. When was this? dentally taken them up. How this came to be Radford. Above a twelvémonth ago. And discovered, we must give you an account. Mat. I knew that he was a lying man, and I durst ters being thus prepared by the instigation of not speak of it, because I knew he was so, and Kuox, and transacted so far by Lane and Os- was afraid he would bave put it upon me. born, they thought it then fit to put their de- I. C. J. What, he told you that his son told sign in execution. Accordingly their inforina- bim so? tions are produced before a justice of peace, Radford. No, he told me only that his son who finding the matters were improbable, (for was weary of Dr. Oates's service ; and I told I think they had some scrutiny before the Jus | him that he was come away once before, and tice of Peace, and before the Lords' Committees why did he go again? He said his son could not of the Lords' House) one of them, gentlemen, be quiet. though now he is pleased to say he is Not L. C. J. Did he say his son told him ? The Guilty, yet at that time had a litile more in question is plain : Did he speak it of himself, genuity, and did confess the whole matter, and and not that his son told him? how he was drawn in, and how far he was con- Radford. He said only that he had attempted cerned, and how Mr. Knox had directed bin, his sou. and the money and rewards he had received, Att. Gen. My lord, we will call Thomas Aland that besides, divers other sums of money len. (Who was sworn.1 had been promised, and great rewards offered L. C. J. What is this man's name. in case this design had taken effect. We shall Att. Gen. Mr. Allen, my lord. What do you call our witnesses before your lordship, and know of any application to bring this Lane into give in evidence the informations that they had Oates's service? Tell your whole knowledge of intended to offer; and if we shall prove the the matter. matters that have been opened to you, I be- Allen. My lorit, about the month of Dec. lieve the consequence of this case will appear last, when he was gone out of Dr. Oates's seras much to concern the government, as any vicethat hath come to this bar.
L. C. J.
Who was gone out of Dr. Oates's Sir Fr. Uinnington. My lord, if your lord-service ? ship please, we shall now go to prove our case; Allen. Lane; he desired me to intercede for the question was asked whether they wouli ad- | him again and again, and accordingly he was mit the several attainders of those persons that admitted into bis service again. have been executed for this Plot. I now ask Alt. Gen. Did you hear any discourse bethem, whether they will adunit the several im- fore this, of any attempt upon him? peachments that are also mentioned in the in- Allen. How attempt? dictment, both of the five lords in the Tower, Alt. Gen. Did you ever hear of any com. and also of the lord Danby.
plaints made by Lane against Dr. Oates? Mr. Withins and Mr. Scroggs. Yes, we do. L. C. J. Did you ever hear Lane complain Justice Pemberton. All that they will allow. that bis master would be uncivil with him? Recorder. Then we begin with Mr. Railford. Allen. No, I remember nothing of that. [Who was sworn.]
Recorder. Now, if your lordship please, Att. Gen. What is your name, Sir? we shall give your lordship an account, that Rudford. Robert Radford.
when he was admitted again, he bragged he Alt. Gen. Come on, Mr. Radford, tell my should get a great sum of money; and for Lord and the jury what you know concerning that we call Mr. Samuel Oates. (Who was this business, about Lane and Knox.
sworn.] Radford. Sir, if it please your honour, R. L. C. J. Are you brother to Mr. Oates ? Lane, father of John Lane, was a yeoman of S. Oates. Yes, Sir. the guard extraordinary, and I am one of his Att. Gen. What do you know of any sum majesty's yeoinen of the guard. As he was in that this Mr. Lane did pretend to get, and on waiting, he was telling me a story
what account? L. C. J. Richard was?
S. Oates. My lord, about a matter of a fortRadford. Yes, Richard the father was tell- night before he went away from roy brother, I ing me that Dr. Oates did attempt his son was in the withdrawing roommany times to do such and such things to bim, L. C. J. How long is it ago since he went that was in the way of buggery; said I, Richard away?? I am ashamed of you, that you should cherish s. Oates. It was in April last, as near as I your son in such things as these are; so I went can remember. away in anger, and told him, That if he were L. C. J. Well, go on, Sir. my son, T would correct him severely for it; S. Oates. So there were several servants in and said no more, knowing him to be a lying the room, and they were talking and laughing together; and he was wishing, said he, I wish Recorder. No, my. lord, we offer it only I had 1,000l.; said some of them to him, as an evidence of the general conspiracy. What would you do with it? Said he, I would L. C. J. Osborn is a telling how Knox' and take it and fing it upon the ground, and tum. Lane and he did conspire and contrive this buble in it; says one of them, You may wish siness ; is this evidence against these defenlong enough before you have it ; I question dents ? I ask my brother Maynard. not, says he, but ere long to find a way to get Serj. Niaynard. My lord, if this were single 1,0001
clearly, it were no évidence; but if it fall out Recorder. Do you hear him, gentlemen ? in the evidence, that we shall prove Osborn, This was a fortnight before he went away.
Knox and Lane were all in the conspiracy, S. Outes. I can only speak as to Osborn, as though it is not direct evidence to convict the to the thing itself.
other, yet it will enlighten that evidence we Att. Gen. Did you ever bear him say which give against them. way he did intend to get this 1,0001. ?
L. C. J. Why did you not make Osborn a S. Oates. No, I do not remember that; party? but upon these scandalous things coming out, Serj. Vaynard. He is laid in the indictment I was considering what he bad said, and how to join with them, but he is run away. he behaved himself in his scrvice, and upon Justice Pemberton. My brother intends it recollection, I did think of this saying of his. thus, that the business is so interwoven between
Justice Pemberton. Aye, he recollected it them all, that to make it be understood, it is afterwards.
necessary to bring in something about Osborn. Mr. Williams. Speak those words over again, Mr. Sunders. I pray they may bring someas near as you can remember.
thing against them first. [Then Mr. S. Oates repeated bis evidence to
L. C. J. Ay, the counsel say very well on the same effect.)
the other side ; first prove some fact against
Knox and Lane, and then prove what you will Sir Fr. Winnington. What is that of Osborn afterwards. that you can say ?
Serj. Maynard. It is an inducement to it : L. C. J. What does that signify to these de. but I beseech you, in all cases that are capital, sendants?
are not the king's counsel at liberty to prove Sir Fr. Winnington. Although he is not a circunstances as well as the substance ? party that does defend this matter; yet it is L. C. J. The court will direct it is no eviall one entire act that they three were in com- dence against the now defendants, unless you bination to corrupt the king's evidence, and to prove the fact upon them. stifle it; and though so far as it does relate to Serj. Maynard. Unless we do bring it down Osborn, it will not convict him being absent; to Knox and Lane afterwards, that they were yet it will enlighten the king's evidence about guilty, it will not be any evidence, I know. the Conspiracy, for he is mentioned in the in- Mr. Holt. If it be not evidence, we conceive dictment.
with submission to your lordship, it ought not to L. C.J. Well, if you think it material, you be heard. may ask what questions you will about it. L. C. J. Prove something first, brother, against
Š. Oates. I was asking Osborn, a little after the defendants, and then urge this. he was let out of the Gate Ilouse, how he came Recorder. They need not labour it on the to repent himself
other side. We agree it is no evidence against L. C. J. Who had repented himself? the defendants, but only circumstantial as of S. Vates. Osborn.
the ceneral conspiracy. L. C. J. Had Osborn · repented himself, of L. C. J. But pray how can it be circumstanwhat ?
tial evidence, and yet no evidence ? prove the S. Oates. Of what he had given an account conspiracy, or it signifies nothing. of before the committee.
Serj. Maynard. If it be circumstantial to Justice Pemberton. Do you know any thing make good the evidence of the fact, it will be of that?
material for us to urge it. S. Oates. I know nothing but what they did L. C. J. But first prove the fact. say upon their examivation.
Recorder. We shall now prove,
your 'L. C. J. Were you by and present at their lordship please, thật Knox, who is one of the examination ?
persons indicted, hath made his applications to S. Oates. I heard nothing but what they said others that had relation to Dr. Oates, to endeafor themselves; I was at some part of their vour to persuade them to pick out something or examination.
other against Dr. Oates. Call Thurston aud, Justice Pemberton. What did Knox and Ray. Lane say?
Serj. Maynard. My lord, we shall first go to S. Oates. Osborn was a saying, that as we the substance of the evidence, and then the cirwalked, said he, in the cloisters of the Abbey; cumstantial things will be material, which bewhere he did dictate what we were to do. fore were not inaterial,
L. C. J. This is no evidence. Shall what L. C. J. Now you go right, brother. Osborn says at one time and apart from the Serj. Maynard. We shall
this Test, be any evidence here?
shiew that Lane and Osborn did accuse. Dr.
Oates ; and after they had accused him, they confess it) to Mr. Dewy, and Mr. Dexy gave were convicted in their own consciences, and them the same answer, that he could not med. did confess they had talsly accused him, and dle with it. And after this Mr. Knox went and afterward did repent of that repentance; and took several lodgings for thein, fearing that Dr. that Knox had an hand in all this.
Oates would hunt afier them; and one lodging, L. C. J. I think you have not opened that amongst others, was, I think, the Three Flower. clear enough; before wbom was that accusa-de-luces in White-Friers. And afterwards they tion!
removed to a place in the paved alley betwixt Serj. Maynard. Before the lords, and sir W. Lincoln's-Inn Fields and Chancery-Lane. Waller,
During which time, Knox did bid them stand Recorder. For they were in the Gatehouse, firm to what they were to do, and they should and there they sent for Sir W. Waller to come not want for a considerable reward, and have to them, and there did confess the matter to wherewithal to maintain them with their foothim; whom we desire may be sword. [Which men, and live very well. And, my Lord, Lane was done accordingly.]
did confess this, that he brought Mr. Osborn Sir W. WVuller. My Lord, upon the 29th of to Knox first into the Painted Chamber, and April, during the sessions of parliament, there made them acquainted there. And, my Lord, was a committee of lords appointed for the there is one thing that I omitted; Mr. Lane did taking instructions about this Piot: being there confess to me, that Mr. Knox did, at the One at:eading upon the lords, this complaint of Mr. Tun Tavern I think it was, drop a guinea upon Oates was brought before them, of the horrid the table, and said, I will not give it you, be.' abuse of two of his servants. And the lords cause now I can safely swear that I never gave were pleased to order Mr. Warcup and myself you any money; but be sure you stand fast to to take their examinations.
ihese informations, and to what I have dictated L. C. J. What two servants were they? to you, and you may be sure you shall be weh.
Sir W. Waller. They did belong to Dr. rewarded for your pains. ' And he told them Oates.
this tnore, My lord-treasurer would never L. C. J. What were their names ?
have surrendered liimself to the black-rod, Sir W.Wuller. Osborn and Lane.
unless you had promised to stand fast to this L. C. J. What found you upon their exami- Evidence;' that was, to swear to what evidence nation?
he had dictated to thein. Sir W. Wuller. Upon the examination of L C. J. Did Lane produce the informations, Osborn and Lane, I did find they did agree to- and those things that Knox tempted bin to gether to a tittle.
L, C. J. Then tell us Lane's evidence first. Sir W. Waller. My Lord, they were produced If they agreed in a title, tell it us what it was.
before us. Sir IV. Waller. My lord, Nr. Lane did con. L. C. J. What were they? What was the fess this.
substance of them? L. C. J. What, upon his oath?
Sir W. Waller. One part was to swear that Sir W. Waller. Yes, upon his oath, my lord. Mr. Bedlow should come to Mr. Oates, and say. L. C. J. To you?
to him, That iny lord of Danby should offer Sir W. Waller. Yes, my lord, that he had bim a considerable sum of money to go beyond been induced by Mr. Knox to betray bis sea. master, and for to swear several things against L, C. J. To whom? him which Knox had drawn up and dictated to
Sir W. Waller. To Bedlow. And that was him. He did not write them himself, but Os- only considerable as relating to Mr. Bedlow in born writ them, and lie did sign them. There any part of the examination : but as to Mr. were four letters that were brought before us; Oates, they were to accuse him of having a there were three or four memorials, as they design of abusing his body; for he sent to called them, three or four informations, which were those papers that they carried to Mr. L. C. J. Who did ? Cheyney to Chelsea,
Sir W. Wuller. Lane sent twice. Upon bis L. C. J. Who carried them?
first examination be did seem to be very shy; Sir W. Waller. Knox took Osborn and Lane but upon the second, he sent one Rix to me, with him, and carried them thither, as Lane one of the yeomen of the guard, to let me know
And when they came thither, and he that he was troubled in bis conscience at what was acquainted with the business, he looked he had unjustly done in charging Mr. Oates, upon it as so foul and notorious a thing, that he and that he was desirous to discharge his conwould not meddle with it; but he advised then science of the burden that lay on it, and to that they should go (because Knox pretended wave his own reputation, that be might acquit the lord of Danby was much concerned in it) the innocent. to some other Justice of Peace, or some of the L. C. J. Why, where was the villainy done Privy.Council that were friends of my lord of that he repented of? Danby.
Sir W. Il’aller. My Lord, it was in reference L C. J. Knox advised this, did he?
to his swearing against Dr. Oates. Sir Il'. ITaller. No, they said Mr. Cheyney L. C.J. Where, before the Lords? did. They went afierwards (and they did all Sir W. Waller. He was brought that very
morning before the Lords; but notice being, were so long about it, that we could not discome that the king was come in, and the house patch it in the forenoon, and therefore ordered was sitting, he was remanded, and afterwards Lane to be brought before us in the afternoon; sent Rix to me, to tell me, he was sensible of and then did Knox write a note, and sent it up the injury be bad done to Dr. Oates, and would | by a woman that was a nurse there in the make a confession of all.
prison, and there was a paper conveyed L. C. J. Where had he done bim injury? Through the door to bim to this purpose, . We
Sir W. Waller. In reference to those abuses paid our that he had offered to swear, and I think bad L. C. J. Who writ that note? sworn, but before whom I don't know ; I sup- Sir W. Waller. Knox did, and confessed it pose you will have an account of that by and by.
L. C. J. To whom was it conveyed? L. C. J. So then this is the substance of what Sir W. Ialler. To Mr. Osborn from Knox; you say as to Mr. Oares, That Lane sent to you and it was, “ We always paid our club'and shewed yoy several papers and informations Mr. Sanders. How do you know it was from against the credit of Oates and Bedlow, and Knox? told you that Knox did tempt him to justify this Sir IV. Waller. He confessed it, and swear it; and that he went with them to a Mr. Sanders. Did he shew it you? Justice of Peace in order to do it, but he did Sir W. Waller. No, I did not see the note, nut care to meddle with it, and bid them apply but he confessed it. themselves elsewhere, and afterwards they came Justice Pemberton. Pray Mr. Sanders do to you; and whether it was sworn or no, you not interrupt them, they are in their evicannot tell, but you say he did confess he had dence. wronged Mr. Oates in those scandals that he Serjeant Maynard. They inust do that, for would have put upon him; and that this was that is the best part of their defence for ought by Knox's advice and direction?
I know. Sir W. Waller. But there is this thing further :
Sir W. Waller. The words, my lord, were He said truly that Mr. Oates would be some- these, • We always club'd, and you paid two cbing hasty and passionate, but that he was shillings at the Sugar-loaf. Tear this.' very religious, and was very constant in send. L. C. J. Why what could this be? ing his servants to prayers; and that what he Sir W. Waller. Why, I will tell you, my had accused him of, it was an abominable lord, it was upon this account, that he should falshood, and was done by the instigation of not gain-say what he had confessed and agreed Knox, who had encouraged bin to it by the to, that so they might not be in two stories. promises of a great reward.
Serjeant Maynurd. My lord, Osborn and Justice Pemberton. And it was he that told Lane had formerly accused, and given some you of the dropping of the guinea, was it not? informatians against Dr. Oates; afterwards you
Sir W. Waller. My Lord, he did confess that see what happened before sir W. Waller, ibey himself, but he said he lent it.
renounce what they had done, and then, my Sir F. Winnington. Pray did Lane confess lord, was Knox imprisoned, and thereupon he to you from whom this money and reward was writes this note, “We always club'd together, to be had? for he was not a person that was ' and you paid two shillings at such a place:' likely to bestow so much money of his own. The circumstances will come out by and by. Was it from any of the conspirators? Or from They met at several places, and we shall prove whom, that ihe reward, and this money should that Knox bore their charges, and paid for come, upon your oath?
them, though by this note he would inake it, Sir W. Waller, I have examined them many that they hore their own charges. times as to that, but could never learn
Justice Pemberton. The succeeding evidence thing.
will open it. Just. Pemberton. Sir W. Waller, was Koos Sir W. Waller. My lord, here is one thing ever before you?
more that I had forgot : Lane did confess, that Sir W. Waller. Yes, my lord, I took his for the preventing of any discovery of this horexamination, and it was only to excuse him- rid fact, it was agreed among them, that if any self, that he received the letters from them, one should make a discovery of it, the other which they said they writ out of trouble two should murder him. of conscience, and would have him to take Sol. Gen. We desire that the jury may obtheir examinations and to go along with them
serve that. before a justice of peace.
Sir W. Waller. He did likewise declare, that L. C. J. That was Knox's defence; said he, the lords in the Tower would not be wanting to they came to me, and I did not go to them, acknowledge the kindness in disparaging the " but they desired me to go along with them to a king's evidence. justice of peace.
Justice Pemlerion. That was Lane and Os. Justice Pemberton. Did you let him know born did confess that? what they had said to you?
Sir W. Wuller. Yes, both Lane and Osborn. Sir W. Waller. No, my lord, I kept that pri- swore it positively. vate: But there was one thing very material. Sir Fr. Winnington. If you have done as to That morning we took Knox's Examination, we Lane, pray acquaint my lord and the jury what