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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 tbere is no truth in holding his guineas in his band, or in some bim. other accidental way should drop them; and I L. C. J. All who? then Osborn and Labe were to pick them up Railford. All the guard; and that is all I in a kind of a jest only, as if Koox bad acci-can say. dentally let them fall, and they had as acci- Justice Jones. When was this? dentally taken thein up. How this came to be Radford. Above a twelvemonth ago. And discovered, we must give you an account. Mat. I knew that he was a lying man, and I dorst ters being thus prepared by the instigation of not speak of it, because I knew he was so, and Knox, and transacted so far by Lane and Os. was afraid he would have put it upon me. boril, they thought it then fit to put their de- L. C. J. What, he told you that his son told sign in execution. Accordingly their inforina- | bim so? tions are produced beforë 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 tinuk 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 hio? 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 him, his son. 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./ 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 eridence 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 lord, about the month of Dec. lierc the consequence of this case will appear last, when he was gone out of Dr. Oates's ser. as 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. Winnington. My lord, if your lord-service ? ship please, we shall now go to prove our case; ! Men. Lane; he desired me to intercede for the question was asked whetherthey would ad- him again and again, and accordingly he was mit the several attainders of those persons that adınitied into his service again. have been executed for this Plot. I now ask | Att. Gen. Did you hear any discourse bethem, whether they will adinit the several im- | fure 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 comand also of the lord Danby,

plaints made by Lane against Dr. Oates? Nir. Il'ithins and Mr. Scrosys. Yes, we do. L. C. J. Did you ever hear Lane complain Justice Pemberton. All that they will allow. that his master would be uncivil with him?

Recorder. Then we begin with Mr. Railford. Allen. No, I remember nothing of that. Who was sworn.7

Recorder. Now, if your lordship please, Alt, Gen. What is your naine, Sir ? we shall give your lordship an account, that Rudford. Robert Radford.

when he was admitted again, be bragged be 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, K. / L. C. J. Are you brother to Mr. Oates? Lane, father of John Lane, was a yeoman of l S. Outes. Yes, Sir. the guard extraordinary, and I am one of bis Alt. Gen. What do you know of any sum majesty's yeomen 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. Outes. My lord, about a matter of a fortPadford. Yes, Richard the father was tell- night before he went away from my brother, I ing me that Dr. Oates did attempt his son was in the withdrawing room many times to do such and such things to him, 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 l S. Oates. It was in April last, as near as I vour son in such things as these are; so I went can remember. away in anger, and told him, That if he werel L. C. J. Well, go on, Sir. my son, I would correct him severely for it; l 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 be, I wish! Recorder. No, my lord, we offer it only I had 1,0002.; 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 fling it upon the ground, and tum- Lane and he did conspire and contrive this buble in it; says one of them, You may wishsiness ; is this evidence against these defealong 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. Maynard. My lord, if this were single 1,000l.

clearly, it were no evidence; 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 Lave were all in the conspiracy,

S. Oates. 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 Alt. Gen. Did you ever hear him say which give against them. i way he did intend to get this 1,0001..

L. C. J. Why did you not make Osborn a S. Oates. No, I do nut remember tliat; | party? but upon these scandalous things coming out, I Seri. Maynard, He is laid in the indictione I was considering what he had said, and how to join with them, but he is run away. he behaved himself in his service, 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. Willians. Speak those words orer again,

L Mr. Sanders. 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 other side ; first prove some fact against the same effect.]

Knox and Lane, and then prove what you will Sir Fr. Winnington. Wbat is that of Osborn afterwards. that you can say ?

Serj. Muynard. It is an inducernent to it : LC. J. What does that sigoify 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 circumstances 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-1 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 ma!erial, you be heard. may ask what questions you will about it. I L. C. J. Prove something first, brother, against

S. Oates. I was asking Osborn, a little after the defendants, and then urge lis. he was let out of the Gate House, 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. Oates. Osborn.

the general 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 I 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 examination.

- Recorder. We shall now prove, if your L. C. J. Were you by and present at their lordsbip please, that Knox, who is one of the examination?

persons indicted, bath 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,

otver against Dr. Oates. Call Thurstun and - Justice Pemberton. What did Knox and Ray. Lane say?

Serj. Naynard. My lord, we shall first go to S. Oates. Osborn was a saying, that as we the substance of the evidence, and then the cir. walked, said he, in the cloisters of the Abley; | cumstantial things will be material, wbich 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. Osboro says at one time and apart from the Serj. Maynard. We shall go this way, to rest, be any evidence here?

shew that Lane and Osborn did accuse Dr.

Oates

Oates ; and after they had accused him, they | confess it) to Mr. Dewy, and Mr. Dewy gave were convicted in their own consciences, and them the same answer, that he could not dieddid confess they had falsly accused him, and dle with it. Avd after this Mr. Knox went and afterward did repeut of that repentance; and took several lodgings for them, 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 Flowerclear enough; before whom 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, firin 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 wherewitbal to maintain them with their foot. him ; whom we desire may be sworn. Which men, and live very well. And, my Lord, Lane was done accordingly.]

did confess this, that he brought Mr. Osborn, Sir W. Waller. 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. Lade did taking instructions about this Piot: being there confess to me, that Mr. Knox did, at the One at:ending upon the lords, this complaint of Mr. Tun Tavern I think it was, drop a guinea apon Oates was brought before them, of the horrid the table, and said, I will not give it you, beabuse 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.

these 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 well Sir W. Wuller. They did belong to Ds. rewarded for your pains. And he told them

this more, My lord-treasurer would never L. C. J. What were their names ?

have surrendered himself to the black-rod, Sir W. Waller. Osborn and Lane.

unless you had promised to stand fast to this L. C. J. Wbat found you upon their exami- Evidence;' that was, to swear to what evidence nations

he had dictated to thein. Sir W. Waller. 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 bim to gether to a tittle.

swear? 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, Mr. Lane did con- / L. C. J. What were they? What was the fess this.

substance of them? L. C. J. What, upon bis 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 my 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 his 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 tbem himself, but Os. only considerable as relating to Mr. Bedlow in born writ them, and he 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 bim 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 mewere those papers that they carried to Mr. / L. C. J. Who did ? Cheyney to Chelsea.

Sir W. Wuller. Lane sent, twice. 'Upon his L. C. J. Who carried them?

first examination he 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 carries them thither, as Lane one of the yeomen of the guard, to let me know swore. And when they came thither, and he that he was troubled in bis conscience at what was acquaioted 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 them science of the burden that lay on it, and 10 that they should go (because Knox pretended / wave his own reputation, that he 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. Waller. My Lord, it was in reference L. C. J. Knox advised this, did he?

to his swearing against Dr. Oates. Sir W. Waller. No, they said Mr. Cheyney L. C. J. Where, before the Lords? did. They went afterwards (and they did all / Sir W. Waller. He was brought that very

by.

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 he had 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 le done him injury? through the door to him to this purpose, - We

Sir W. Waller. In reference to those abuses • paid our that he had offered to swear, and I think had * 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 bave an account of that by and to me.

1 L. C. J. To whom was it conveyed? L.C.I. So then this is the substance of what Sir W. Waller, To Mr. Osborn from Knox you say as to Mr. Oates, That Lane sent to you and it was, “ We always paid our club'and shewed you 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 W. 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, not 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 be did confess he haddence. wronged Mr. Oates in those scandals that he Serjeant Maynard. They must 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 thing basty 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, nayo 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 bim to it by the to, that so they might not be in two stories. promises of a great reward.

Serjeant Maynard. My lord, Osborn and Justice Pemberton. And it was he that told Lane had forinerly 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, they 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 al such a place;' likely to bestow so much money of his own. The circumstances will come out by and by. Was it froin any of the conspirators? Or from They met at several places, and we shall prove wbom, that the 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 any | Justice Pemberton. The succeeding evidence thing.

will open it. Just. Pemberton. Sir W. Waller, was Knox | 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, f 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 al king's evidence. justice of peace.

Juscice Pemberton. That was Lane and OsJustice Pemberton. Did you let him know born did confess that? what they had said to you?

Sir W. Waller. 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

you know of the confession of Knox upon his , call another justice of peace, that took their examination.

Examinations, and we shall then particularly Sir W. Waller. Knox confessed not any apply ourselves to Mr. Knox, that seems to thing, but stood stiff to it, that the papers and make these excuses for himself. Call Mr. Jusletters were written by them, and contrived by tice Warcup. [Who was sworn.] them.

Warcup. I must beg the favour of the court, Justice Pemberton. And that what he did because my meinory is bad, that I may refer was at their request?

to the Informations that were taken before me. Sir W. Waller. Yes, but the rest did both Just. Pemberton. You may look upon them confess, that what was done was wholly by the for the refreshment of your memory. contrivance of Knox.

Wurcup. I answer to every part of this L. C. J. Did you ask Knox if he had drop- that hath my hand to it, I desire it may be read. ped a guinea?

Recorder. No, that can't be, you must not Sir Il'. Waller. My lord, he confessed he read them, but only refresh your memory by had dropped a guinea, but it was only to lend them. them, and they promised to repay him; and Warcup. This Jolin Lane did confess be liv'd that one morning he dropped ten shillings upon with Dr. Oates, and about the 7th of April be the bed, and they took it up.

left him, and while he lived with him, he said, L. C. J. Knox said he only lent it?

he sent his servants daily to prayer in the mornSir W. Waller. Yes, but they positively ing to the chapel, and left but one at home 10 gwore both the one and the other.

dress bion, and whilst he was with Dr. Oates, Justice Pemberton. What said Knox to he was never charged by his master with the that?

opening of any letters, and that the informaSir W. Waller. He lent them only,

tions masked i, 2, 3, 4 and 5. L. C. J. Well, go on, Sir.

Williams. Pray, sir, acquaint the court as Sir W. Waller. And Lane did positively con- | far as you can by your memory. fess, that at all the places, and the several Warcup. Lane, my lord, before me debied lodgings, and the treats and entertainments they all that he had said, that is, that what he had had been at, they were all at Knox's charge, said before the lords was true, but ihat partiexcept twice, which might amount to about cular examination before sir W. Waller was by eighteen pence, and that he paid.

him alone. L. C. J. What said Knox to it?

Sir Fr. Winnington. Was he upon oath beSir W. Waller. He denied all.

fore you? Justice Pemberton. As to the manner of it, Wurcup. Yes I find he was. what said Knox to the dropping of it?

L. C. J. Did you examine him after sir Wil. Sir W. Waller. He confessed he dropped it, liam Waller, or before? but only lent it them.

Warcup. To the best of my remebrance it Sir Fr. Winnington. You say Lane was a was before. servant to Dr. Oates, pray whose servant was Just. Jones. He was upon bis oath here tvo? Knox?

Warcup. Yes, and I must acquaint you I Sir W. Waller. He did belong to my lord | find it at the bottom to be (Jurut.) He was Dunblane. And moreover, Mr. Knox did brought before the Lords of the Committee for confess to me, that the papers so drawn up and Examinations, and did there likewise at first delivered into his bands, had been in the cus swear the things in these notes contained, and tody of iny lord Latiuore for a long time. did afterwards come to the said committee,

Sir Fr. Winnington. Did he so, I hope the and beg their pardon, and God's pardon for jury will believe hin then.

what he had sworn, for it was false. L. C. J. Sir W. Waller docs swear, that L. C. J. Who did? Knox confessed that all those scandals raised Warcup. Lane did. against Dr. Oates, had been by his hands deli L. C. J. Did you hear him? vered into the hands of my lord Latimore, and Warcup. Yes. were there for some time.

Just Jones. Was he upon his oath the last Sir W. W. Yes, my lord.

time, when he said this to the committee? Sir Fr. Winnington. I did not well hear you, Sir W: Waller. Yes, my lord, I was by too, Sir, one thing you were saying in the beginning I heard bim. of your evidence, that these gentlemen spoke L. C. J. So he swears backwards and forof my lord of Danby’s not surrendering bimself, warıls. pray let us hear that over again,

Sir Fr. Winnington. Such people used to Sir W. Waller. Mr. Lane said this, that my do so. lord of Danby would not have surrendered him- l'arcup. That particular of the Note, that self to the Black-rod, but that he did depend | Mr. Knox sent up by the nurse, I was by and upon their standing to what informations they did hear hiin confess it. had given in.

Sir W. Waller. But he did declare there to L. C. J. Upon your oath Lane did say the commitlee, that it was his voluntary repenthis?

tance, and that he was exceeding sensible of Sir W. Waller. Yes, my lord.

the abuses lie had offered to Dr. Oates, in this Serjeant Maynard. My lord, now we will design of accusing him in such a manner.

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