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. Oates. 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?

LC. J. What does that signify to these defendants?

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.

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 evidence; but if it fall out in the evidence, that we shall prove Osborn, Knox and Laue 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 We agree it is no evidence against the defendants, but only circumstantial as of the general conspiracy.

other side.

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 cousciences, and did confess they had falsly accused him, and afterward did repent of that repentance; and that Knox had an band in all this.

L. C. J. I think you have not opened that clear enough; before whom was that accusation ?

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 Laue.
L. C. J. What found you upon their exami-

nation ?

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 confess 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 IV. Waller. No, they said Mr. Cheyney did. They went afterwards (and they did all

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 Flowerde-luces in White-Friers. And afterwards they 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 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.

Sir W. Wuller. 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 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. 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

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. J. Who writ that note?

Sir W. Waller. Knox did, and confessed it

to me.

L. C. J. To whom was it conveyed?

Sir W. Waller. To Mr. Osborn from Knox, and it was, We always paid our club'Mr. Sanders. How do you know it was from Knox?

Sir W. Waller. He confessed it. Mr. Sanders. Did he shew it you? Sir W. Waller. No, I did not see the note, but he confessed it.

Justice Pemberton. Pray Mr. Sanders do not interrupt them, they are in their evidence.

Serjeant Maynard. They must do that, for that is the best part of their defence for ought, I know.

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

you know of the confession of Knox upon his examination.

Sir W. Waller. Kuox confessed not any thing, but stood stiff to it, that the papers and letters were written by them, and contrived by them.

Justice 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. J. Did you ask Knox if he had dropped a guinea?

Sir W. Waller. My lord, he confessed he had dropped a guinea, but it was only to lend them, and they promised to repay him; and that one morning he dropped ten shillings upon the bed, and they took it up.

L. C. J. Knox said he only lent it? Sir W. Waller. Yes, but they positively swore both the one and the other.

Justice Pemberton. What said Knox to that?

Sir W. Waller. He lent them only.
L. C. J. Well, go on, Sir.

Sir W. Waller. And Lane did positively confess, that at all the places, and the several lodgings, and the treats and entertainments they had been at, they were all at Knox's charge, except twice, which might amount to about eighteen pence, and that he paid.

L. C. J. What said Knox to it? Sir W. Waller. He denied all. Justice 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. Winnington. You say Lane was a servant to Dr. Oates, pray whose servant was Knox?

Sir IV. Waller. He did belong to my lord Dunblane. And moreover, Mr. Knox did confess to me, that the papers so drawn up and delivered into his hands, had been in the custody of my lord Latimore for a long time.

Sir Fr. Winnington. Did he so, I hope the jury will believe him then.

L. C. J. Sir W. Waller does swear, that Knox confessed that all those scandals raised against Dr. Oates, had been by his hands delivered into the hands of my lord Latimore, and were there for some time.

Sir W. W. Yes, my lord.

Sir Fr. Winnington. I did not well hear you, Sr, one thing you were saying in the beginning of your evidence, that these gentlemen spoke of my lord of Danby's 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. J. Upon your oath Lane did say this?

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.]

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. Just. Pemberton. You may look upon them. for the refreshment of your memory.

Warcup. I answer to every part of this that hath my hand to it, I desire it may be read. Recorder. No, that can't be, you must not read them, but only refresh your memory by them.

Warcup. This John Lane did confess he liv'd with Dr. Oates, and about the 7th 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. Oates, he was never charged by his master with the opening of any letters, and that the informations marked 1, 2, 3, 4 and 5.—

Williams. Pray, sir, acquaint the court as far as you can by your memory.

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. Winnington. Was he upon oath be fore you?

Warcup. Yes I find he was.

L. C. J. Did you examine him after sir William Waller, or before?

Warcup. To the best of my remebrance it was before.

Just. Jones. He was upon his oath here too?

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 God's pardon for what he had sworn, for it was false.