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these were the Informations that he had delivered to my lord Latimer.

Warcup. Yes, he did so.

Serj. Maynard. It will lie on his part to prove that they were true.

Just. Pemberton. Which will you have read, one, or all of them?

Serj. Maynard. One, or two, take Knox's first.

[Which was delivered to the Clerk of the Crown, who read it in hæc verba.] [Numb. 1.] The INFORMATION of Thomas day of

Knox, sworn before me this

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. Oates and Mr. Bedlow consult together, in Mr. Oates's Chamber in Whitehall, and resolve how they might contrive a way whereby to destroy my Lord-Treasurer: And that he had chosen to reveal this secret, and ease his conscience to the Informant, rather than to any one else, because he thought he would keep it secret, for his own sake, because he had already suffered by endeavouring to serve the said Lord-Treasurer; and thereupon the said Osborne shewed to the Informant some papers written, as he told the Informant, all in his own hand, and which were relating to the said Lord-Treasurer. Upon which the said Informant told the said Osborne, that he was no servant of the said Lord-Treasurer's, 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 Inforinant; 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 Treasurer's Trial, and declare the truth concerning what they knew, concerning the malicious design of the said Mr. Oates and Mr. Bedlow, against the said Lord-Treasurer; for that they could not rest for fear he should suffer innocently, whilst they could, with so good a conscience, as they thought, save him. And the said Osborne did withal declare, that the aforesaid Mr. Lane was resolved to speak to the Informant upon the aforesaid matter: And the said Lane did accordingly, upon the said 1st of April in the evening, meet the Informant, and shewed him some Papers, wherein he had taken several

Memorials relating to his majesty, the queen, my Lord-Treasurer, and several other persons: And did withal declare to the Informant, that his conscience was so troubled to see the malicious proceedings of the said Mr. Oates and Bedlow against the said Lord-Treasurer, that he could not rest in his bed, 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-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. Oates and Bedlow, they would endeavour to poison or murder them, the said Osborne and Lane, the first time they should see thein. 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.

L. C. J. 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 counsel for the defendant Knox, and for Knox only.

Mr. Williams. Pray, Sir, hold; my lord, we have here two witnesses more, that will fortify Mr. Dangerfield in what he hath said. Call Susan Edwards, and Mrs. Blake.

Then Mrs. Blake appeared and was sworn.

Mr. Williams. Pray Mrs. Blake, what can you say of any reward Lane was to have, for accusing Mr. Oates? Or any promises were made to him?

Blake. All that I can say of Lane, is this; That Lane did say once to me, I am here; and I was Dr. Oates'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.

L. C. J. What is all this? What says the other woman?

Mr. Williams. He is called Willoughby sometimes, and 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 10s. a week.

L. C. J. This is only to strengthen his evidence.

Blake. He never said to me, from whom it

was.

Then Mrs. Edwards was sworn.

Serj. Maynard. What do you say, Mistress?

Edwards. May it please you, I do not 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.

L. C. J. She says nothing, but only he was desired to get an Habeas Corpus for Willoughby.

Sol. Gen. Yes, my lord, she is called to shew you, whether Lane had not money from Mrs. Celier.

Edwards. That was the first time I saw him, and the next morning I saw him again: And when he came to the door, be told his errand to me. He said, he could get no Habeas Corpus ; for he was such a rogue, nobody would meddle nor make with him.

Dangerfield. I would fain have her asked this question, my lord, if you please: Did you ever see Mr. Knox at Mrs. Celier's house?

Edwards. If I see him, I can tell.

Then the defendant, Knox, was shewn to her. Edwards. I cannot say, this is the man: I have heard much talk of Mr. Knox, and that he hath been there; but I cannot swear this is he.

Dangerfield. My Lord, if your lordship pleases, when Lane was first brought to me to the countess of Powis's 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 peruke, which he did, and hath worn it ever since as I believe.

L. C. J. Well, let us hear what they say to it. Mr. Withins. May it please your lordship, 1 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 the indictment consists of two parts: the first is, that these two defendants did conspire together; and this was the 30th of April (and the proof comes to that time, for it will be material in our case) that they did maliciously and deceitfully combine and conspire against Titus Oates, clerk, and William Bedlow, 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 Oates and Bedlow: for the last part of the indictment, the counsel for the king have not thought fit to proceed upon it, and they have not given an account of the letters: but for

VOL. VII.

the first part, their conspiring to take off the reputation of Oates and Bedlow, is the only thing they have proceeded upon, as I conceive. I must needs say, my lord, that Mr. Knox, as well as Dr. Oates and Bedlow, have had a very great misfortune to meet with these men. L. C. J. 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 Dr. Oates or Mr. Bedlow. 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. Bedlow, so they had a design to draw my client Mr. Knox in, to pursue their malice. I did shew you, that they did begin their evidence, as to time, in April, and they have laid it so in the indictment: we shall prove to your lordship and shew you, that before this, and before that Mr. Knox knew either Osborne or Lane, that they had drawn up this accusation against Mr. Oates, and read it to several witnesses, which we shall produce. And afterwards, when they came to advise how they should prosecute the same, they were advised first to go to Mr. Thewer: he told them that it was a dangerous thing to meddle about, and he would not involve himself, but bid them take care what they did in it. Upon this they apply themselves to my 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. Not withstanding 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 correspondence 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. Bedlow (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.

L. C. J. No, Mr. Withins, he is not accused for giving him a constant maintenance, but for the money, the guineas and ten shillings. It is true, it was said it was to be paid again; but from him they had the money and it ap pears, that he provided lodgings for them and paid for their lodgings.

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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.

L. C. J. The sums indeed do not seem to be very great; a guinea, and 10s. 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 it is 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 guineas and 10s.

Just. Pemberton. What say you to the mises of 500l. and 100l. a year a-piece?

pro

Mr. Withins. That was Lane's own evidence; Lane and Osborne night 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 per. sons against persons that had shewed 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 W. Waller. My lord, Mr. Knox did confess to me, that he did throw down a guinea, 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. Suunders. 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.

Serj. Maynard. Yes, we do, we proceed upon the whole

L. C.J. They proceed upon the whole, but you may say, if you will, they give no proof of it.

Saunders. Then, as to that, with submission to your lordship's judgment, the defendant is to be found Not Guilty.

Justice Pemberton. You must observe, these are not several crimes, but one continued crime, and therefore the evidence must go to the whole.

L. C. J. You do well to observe it for your client; but if you require it of the counsel on the other side, it may be they will give you an

answer, if you will undertake to affirm, that they have given no evidence as to that part of the indictment wherein it says, Mr. Knox contrived three letters to scandalize Mr. Oates.

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. Bedlow, the very point we are to answer to is this, Whether this were a malicious contrivance or no, and for that we shall give your lordship this evidence that Knox was a young ignorant man, and drawn in by Lane and Osborne to patronize their mischief they intended against Oates and Bedlow; 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 we 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. C. J. Wherever Lane's testimony stands singly against Knox, it is no evidence.

Justice 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.

Justice 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. C. J. 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.

Justice Pemberton. Come, let us hear your witnesses.

Mr. Scroggs. Call Frances Lane and Mary Lane.

L. C. J. But I will 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

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have had my son have read it, but he could not, so he read it himself; and there were some desperate things in it.

by him amended, and after delivered to Knox again by Dangerfield: This does shew as if you were concerned in the whole affair, and in all the matter of the informatiou, 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?

F. Lane. Yes.

Mr. Withins. Pray will you give an account what your son said to you in February last? Serjeant Maynard. We pray they may ask their questions in general.

Justice Pemberton. Do not you point her to a time.

L. C. J. Answer me: what hath your son
said to you at any time concerning Oates?
F. Lane. He spoke it about March.
L. C. J. What did he say?

F. Lane. He used him uncivilly, he had no mind to stay with him.

L. C. J. What said you?

F. Lane. I desired him to stay longer.

L. C. J. How often did he tell you this?

F. Lane. Several times.

L. C.J. He had left his service once, had he not?

F. Lane. Yes.

L. C. J. What were they?

F. Lane. I cannot tell, they were concerning the king and the queen and my lord treasurer. L. C. J. When was this?

F. 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, be is a good civil man, and a man of understanding. So they did go as I directed them. Justice Pemberton. Who went?

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L. C. J. Was it before or after he left his that says Mr. Osborne, I'll find out one Mr. service?

F. Lane. Before and after too.

L. C. J. If he complained he had so used him before, why would he go to him again?

F. Lane. Because the times were hard, and I persuaded him.

L. C. J. Ay, but would you persuade him after such an abuse of your son as that?

F. Lane. I thought then he would not do so again.

Justice Jones. When was the first time he complained to you?

F. Lane. It was about Christinas.
Justice Jones. Was it before Christmas?
F. Lane. It was after.

Justice Pemberton. Consider here you bring Lane's mother to accuse him to excuse your self.

L. C. J. 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 Wm. Waller have in their informations, they offered the same discovery to others.

L. C. J. 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.

F. Lane. May it please you, my lord, Osborne brings a paper to our house, and would

Knox, who had been some acquaintance of Mr. Wiggins, Mr. Bedlow's clerk; and So, said he, I will ask Mr. Wiggins if he be acquainted with Mr. Knox.

L. C. J. 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. C. J. Was Lane with him then?

F. Lane. He went with Osborne, and came and told me, Knox would not meddle with them.

L. C. J. Who came and told you so?
F. Lane. Osborne came and told me so, and

my son.

L. C. J. 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.

Justice Pemberton. But you do not prove that they were not acquainted.

L. C. J. Do you believe Osborne said true, Mr. Saunders?

Mr. Saunders. Not when he spoke to sir W. Waller to accuse my client of the contriv ance.

L. C. J. In that case, when it is against your elient he did not, but in other cases he might; well, go on.

Mr. Withins. Which is Mary Lane? Mary 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?

Justice 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. Justice Pemberton. Nor do you prove any informations before given to any one.

Mr. Saunders. Yes, to Thewer.

Mr. Withins. We will ask the daughter about that.

F. Lane. She can only prove it by hearing it, for she was sick.

Mr. Withins. 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. J. Was there any thing in it concerning Mr. Oates?

M. Lane. Yes, there was, concerning his beastliness.

Justice Pemberton. Who read it? M. Lane. Osborne I did hear read it. Mr. Saunders. Your brother was not acquainted with Knox then?

Justice Pemberton. How can they tell that? it is impossible.

L. C. J. 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. Saunders. 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 than a guinea, 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. It is 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. C. J. There is no great store of money appears to be given to Lane, but he was kept upon a mean maintenance.

Justice Jones. But it was not without expec

tation of a reward.

Justice Pemberton. He tells you the wages was to be paid when the work was done.

L. C. J. And when the roguery was discovered, they had no more money then.

Justice Pemberton. When the business came to be controverted thus, they had no reason to give it.

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Mr. Saunders. 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.

Justice Pemberton. But remember, Mr. Saunders, by the same hand there were 40s. given at one time.

Mr. Withins. 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. C. J. 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 bard 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.

Justice Pemberton. 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. C. J. You are in the right thus far, Mr. Holt; they have laid the indictment, That they endeavouring to disparage the credit of Oates and Bedlow, have, for money's sake, and by promises and contrivances, and writing of letters, wherein was scandalous matter against Oates and Bedlow; they thereby did attempt to discredit them. Now say you, if this matter be not proved, that there was any scandalous matter concerning Oates and Bedlow, then the contrivance is not proved: but what though all the facts in the indictment are not proved, yet if there be enough to prove your contrivance to discredit them; and if you suppose the evidence true that is given, it rests, I think, plainly upon your client, and you cannot get off from it: but if there be not sufficient proof to

maintain the indictment for the crime of endeavouring to discredit Oates and Bedlow, 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?

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