am not speaking of their Evidence, but only of their Examination before the Lords.

L. C. J. What was it that was there witnessed?

Serj. Maynard. 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 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 by the historian; Multi ob stultitiam non puta'bant, multi ob ignorantiam non videbant, multi ob pravitatem non credebant, et non 'credendo conjurationem adjuvabant.'

It

Attorney General (sir Cr. Levinz). May it please your lordship, and you gentlemen of the jury: I am of counsel for the king in this cause, whose suit it is. The evidence hath been opened fully by Mr. Serjeant. I shall only say this, that this is a counter-part of Mr. Reading's Case, only it seems in this to differ, that the counter-part exceeds the original; for, I think, that it is of a further extent than his was. 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; but it is a much greater crime in a case of this nature of HighTreason, 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 Oates's 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 (sir George Jefferies). Your lordship is pleased to observe in the indictment that is now to be tried, there are but two perVOL. VII,

sons that stand indicted, that is Lane and Knox. I presume the gentlemen that are on the other side for each of the prisoners (for I perceive those that are for the one, are not for the other) may expect that there should be proof made of what is laid as inducement in the indictment, and will not tend immediately to that which will be the question in this case: for there is recited in the indictment the conviction of Coleman in this place, and others in other places, for the high-treason the evidence whereof these persons are indicted for scandalizing, we have here the Records ready to prove it.

L. C. J. I suppose they will admit that. Recorder. If they will not, we have that which will prove it.

Mr. Withins. My lord, we shall not stand upon that.

Sol. General (sir Fr. Winnington.) We are ready, if you do.

Serj. Maynard. And you will admit that Dr. Oates and Mr. Bedlow were witnesses upon those trials?

Mr. Withins. Yes, and gave evidence very considerable.

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 Dr. 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.

L. C. J. Your indictment says so.

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. Osborn who is not indicted, (but was likewise a servant to Dr. 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 monies 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 guinea or two, according as Mr. Lane and the other person 3 D

together; and he was wishing, said he, I wish I had 1,000l.; 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 in it; says one of them, You may wish long enough before you have it; I question not, says he, but ere long to find a way to get 1,000l.

Recorder. Do you hear him, gentlemen? This was a fortnight before he went away. S. Outes. I can only speak as to Osborn, as to the thing itself.

Att. Gen. Did you ever hear him say which way he did intend to get this 1,000/. ?

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. Justice Pemberton. Aye, 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 Fr. Winnington. What is that of Osborn that you can say ?

L. C. J. What does that signify to these de

fendants?

Sir Fr. 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 to Osborn, 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.

L. C. J. Well, if you think it material, you may ask what questions you will about it.

S. Oates. I was asking Osborn, a little after he was let out of the Gate-House, how he came to repent himself

L. C. J. Who had repented himself?
S. Oates. Osborn.

L. C. J. Had Osborn repented himself, of what?

S. Oates. Of what he had given an account of before the committee.

Justice Pemberton. Do you know any thing

of that?

S. Oates. I know nothing but what they did say upon their examination.

L. C. J. Were you by and present at their examination?

S. Oates. I heard nothing but what they said for themselves; I was at some part of their examination.

Justice Pemberton. What did Knox and Lane say?

S. Oates. Osborn 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. J. This is no evidence. Shall what Osborn says at one time and apart from the rest, be any evidence here ?

Recorder. No, my. lord, we offer it only as an evidence of the general conspiracy.

L. C. J. Osborn is a telling how Knox and Lane and he did conspire and contrive this business; is this evidence against these defendents? I ask my brother Maynard.

Serj. Maynard. My lord, if this were single clearly, it were no évidence; but if it fall out in the evidence, that we shall prove Osborn, 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.

L. C. J. Why did you not make Osborn a party?

Serj. Maynard. He is laid in the indictment to join with them, but he is run away.

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 Osborn. Mr. Sanders. I pray they may bring something against them first.

L. C. J. 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.

Serj. 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?

L. C. J. The court will direct it is no evidence against the now defendants, unless you prove the fact upon them.

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.

L. C. J. Prove something first, brother, against the defendants, and then urge this.

Recorder. They need not labour it on the other side. We agree it is no evidence against the defendants, but only circumstantial as of the ceneral conspiracy.

L. C. J. But pray how can it be circumstantial evidence, and yet no evidence? prove the conspiracy, or it signifies nothing.

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. J. But first prove the fact.

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.

Serj. Maynard. My lord, we shall first go to the substance of the evidence, and then the circumstantial things will be material, which before were not material.

L. C. J. Now you go right, brother.

Serj. Maynard. We shall go this way, to shew that Lane and Osborn did accuse Dr.

Oates; and after they had accused him, they were convicted in their own consciences, and did confess they had falsly accused him, and afterward did repent of that repentance; and that Knox had an hand in all this.

confess it) to Mr. Dewy, and Mr. 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

Serj. Maynard. Before the lords, and sir W. Waller.

Recorder. For they were in the Gatehouse, and there they sent for Sir W. Waller to come to them, and there did confess the matter to him; whom we desire may be sworn. [Which was done accordingly.]

Sir W. Waller. My Lord, upon the 29th 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. J. What two servants were they?
Sir W. Waller. They did belong to Dr.
Oates.

L. C. J. What were their names?
Sir W. Waller. Osborn and Lane.

L. C. J. What found you upon their examination?

Sir W. Waller. Upon the examination of Osborn and Lane, I did find they did agree together to a tittle.

L. C. J. 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 con

fess this.

L. C. J. What, upon his oath?
Sir W. Waller. Yes, upon his oath, my lord.
L. C. J. 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 Osborn 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 Chelsea,

L. C. J. Who carried them?

Sir W. Waller. Knox took Osborn 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. J. Knox advised this, did he?

Sir W. Waller. No, they said Mr. Cheyney did. They went afterwards (and they did all

removed to a place in the paved alley betwixt Lincoln's-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. Osborn 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 guinea 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 tnore, 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 thein.

Sir W. Waller. Lane sent twice. Upon his first examination he did seem to be very shy; but upon the second, he sent one Rix to me, one of the yeomen of the guard, to let me know that he was troubled in his conscience at what he had unjustly done in charging Mr. Oates, and that he was desirous to discharge his conscience of the burden that lay on it, and to wave his own reputation, that he might acquit the innocent.

L. C. J. 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. J. Where, before the Lords?
Sir IV. 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. J. 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. J. So then this is the substance of what you say as to Mr. Oates, That Lane sent to you and shewed you several papers and informations against the credit of Oates and Bedlow, 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. Oates in those scandals that he would have put upon him; and that this was by Knox's advice and direction?

Sir W. Waller. But there is this thing further: He said truly that Mr. Oates would be something hasty and passionate, but that he was very religious, and was very constant in sending his servants to prayers; and that what he had accused him of, it was an abominable falshood, and was done by the instigation of Knox, who had encouraged him to it by the promises of a great reward.

Justice Pemberton. And it was he that told you of the dropping of the guinea, was it not? Sir W. Waller. My Lord, he did confess that himself, but he said he lent it.

Sir F. 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 reward, 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.

Just. Pemberton. Sir W. 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. J. 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.

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 was one thing very material. That morning we took Knox's Examination, we

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Sir W. Waller. The words, my lord, were these, We always club'd, and you paid two shillings at the Sugar-loaf. Tear this.' L. C. J. Why what could this be?

Sir W. Waller. Why, I will tell you, my lord, it was upon this account, that he should not gain-say what he had confessed and agreed to, that so they might not be in two stories.

Serjeant Maynard. My lord, Osborn and Lane had formerly accused, and given some informatians against Dr. Oates; afterwards you' see what happened before sir W. Waller, they renounce what they had done, and then, my lord, was Knox imprisoned, and thereupon he writes this note, We always club'd together, and you paid two shillings at such a place:" The circumstances will come out by and by. They met at several places, and we shall 'prove that Knox bore their charges, and paid for them, though by this note he would imake it, that they bore their own charges.

Justice 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 among them, that if any one should make a discovery of it, the other two should murder him.

Sol. 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.

Justice Pemberton. That was Lane and Osborn did confess that?

Sir W. Waller. Yes, both Lane and Osborn. swore it positively.

Sir Fr. Winnington. If you have done as to Lane, pray acquaint my lord and the jury what