This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
Keying and markup guidelines are available at the Text Creation Partnership web site.
I Do appoint Benjamin Tooke to
Print theſe Proceedings, and
Order that no other Perſon pre
THE
ACCOUNT
Of the manner of
EXECUTING
A
Writ of Inquiry
OF
DAMAGES:
BETWEEN HIS
ROYAL HIGHNESS
JAMES
Duke of York, &c.
AND
TITVS OTES.
Which was executed at the Bar of the Court of
KINGS BENCH at WESTMINSTER, on Wedneſday
the 19th. of June, 1684. in the preſence of the High Sheriff
of Middleſex.
LONDON:
Printed for Benj. Tooke at the Ship in S. Paul's Church Yard,
1684.
HIS Royal Highneſs the Duke of York having
brought an Action againſt Titus Otes, groundde Scandalis Magnatum,
for very Slanderous and Opprobrious Words,
the Defendant ſuffered Judgment to go againſt him
by default, and thereupon a Writ of Inquiry was
taken out, directed to the Sheriff of the County of
Middleſex to enquire by a Jury of that County, what
Damages the Plaintiff had ſuſteined hereby, and upon a
Motion made at the Court of Kings Bench, a day was
given to the Defendant to ſhew cauſe why that Writ of
Inquiry ſhould not be executed at the Bar of that Court,
which he not doing, it was ordered that it ſhould be
executed at the Bar on this day, and that the High
Sheriff ſhould appear and attend the execution of the
Writ in perſon. Accordingly this day Sir Peter Daniel
Knight, and Samuel Daſhwood, Eſquire, the preſent
Sheriff of the County of Middleſex, came into this Court,
and being placed at the Table at the Judges feet, were
during the Execution of the Writ, covered. Mr. Tho.
Rous the preſent Underſheriff managed it, and proceeded
in this manner.
Cryer, call Sr. Charles Lee.
Vous avez Sr. Charles Lee.
You ſhall well and truly enquire of DaYork and Albany Plaintiff, and Titus Otes De
Sir William Hill, Sir Richard Downton,
and Sir John Berry; the ſame Oath your Foreman hath for
his part taken, you and every of you for your parts
ſhall well and truly keep. So help you God.
Thomas Harriott, Thomas Row, and
Walter Brydall; the ſame Oath, &c. Edward Guiſe, Thomas
Done, and William Wood; the ſame Oath, &c, John Sharp,
and Nehemiah Arnold; the ſame Oath, &c.
Will you pleaſe to have any more than twelve ſworn?
How many do you uſe to have? Pray ſwear an odd Number as you uſed to do.
Then I will ſwear three more, and that will be juſt fifteen.
Francis Stephens, Nicolas Bagſter, and John Kirk. The
ſame Oath, &c.
Gentlemen you that are ſworn hear the Kings Writ.
Ay, road it to them.
CHARLES the Second by the Grace of
God, of
England, Scotland, France and Ireland King, Defen&c. to the Sheriff of Middleſex Greeting;
Whereas the moſt Illuſtrious Prince JAMES Duke of
York and Albany, one of the Nobles and Peers of England,
our moſt dear and only Brother, who as well &c.
lately in our Court before Us at Weſtminſter by Bill withTitus Otes, then in the CuRichard the Second, late King of England
Glouceſter in the Second Year
of his Reign, amongſt other things. It is ordained and
ſtrictly prohibited, that from thence none ſhould be ſo hardy
to deviſe, tell or relate of the Prelates, Dukes, Earls, Barons
and other Nobles and great Men of England, nor of the
Chancellor, Treaſurer, or Clerk of the Privy Seal, Steward
of the King's Houſhold, Juſtices of the one or of the other
Bench, nor of other great Officers of the Kingdom aforeſaid,
any falſe News, Lyes, or any ſuch falſe things, whereby Scandal
or Diſcord within the ſaid Kingdom might ariſe; and whoſoWeſtminſter
the firſt, as in the Statute aforeſaid is more fully conDecember in the
Five and Thirtieth Year of our Reign, and long before
the yearly Rents, Iſſues and Profits ariſing, or due and
payable for or by reaſon of the General Poſt Office withEmgland, for the carriage of Letters,
before were erected and yet are eſtabliſhed upon the
ſaid moſt Iluſtrious Prince JAMES Duke of York
and Albany. The aforeſaid Titus Otes the Statute aforeYork and Albany, our Brother, deviſing and malitiouſly inYork and Albany, our Brother, into the great diſEngland, and alſo divers other venerable Perſons
our Subjects, to bring out his meer Malice and Envy had
and forethought the aforeſaid fourth day of December, in
the Year of our Reign the five and Thirtieth, at the Pariſh
of S. Martin in the Fields in the County of Middleſex aforeTitus Otes and divers of our Leige
People, of and concerning the aforeſaid JAMES Duke
of York and Albany, our Brother, and of and concerning a
certain Letter in the hand of the aforeſaid Titus Otes at
that time, being divers falſe News and horrible Lyes of
the aforeſaid JAMES Duke of York and Albany, our
viz. This Letter (the Letter aforeſaid, ſo in the hands
of the afore-ſaid Titus Otes as is beforeſaid being, meancoſt me (the ſaid Titus Otes meaning) ninepence,
and might have been brought for a peny, I (himſelf the aTitus Otes meaning) know no body is the better for
it, but that Traitor JAMES Duke of York (the aforeYork and Albany our only BroTitus further deviſing
and maliciouſly intending the aforeſaid JAMES
Duke of York and Albany our Brother into the hatred
of us, and of the Peers of this Kingdom of England, and
alſo of divers other venerable Perſons, and our SubDecember the year
aboveſaid, at the Pariſh of S. Martin in the Fields aMiddleſex aforeſaid, upon a
certain other diſcourſe then had and moved by and
between the aforeſaid Titus Otes and ſeveral of our
Liege People, of and concerning the aforeſaid JAMES
Duke of York and Albany, our Brother, and of and
concerning a certain Letter in the hands of the aforeTitus Otes at that time being, divers other falſe
News and horrible Lies of the aforeſaid JAMES
Duke of York and Albany, our Brother at that time,
and yet being one of the Nobles and Peers of this
Kingdom of England, and our only Brother, in the
preſence and hearing of ſeveral venerable Perſons, pubviz. This Letter (the
aforeſaid Letter ſo in the hands of the aforeſaid Titus
Otes, as is before ſaid being meaning) coſt me (the aTitus Otes meaning) nine pence, and might have
been afforded for a Penny, I (himſelf the aforeſaid Titus
Otes meaning) know no body is the better for it, but that
Traitor JAMES Duke of York (the aforeſaid JAMES
Duke of York our only Brother meaning) And afterDecember in the thirty
fifth Year aboveſaid; the aforeſaid Titus Otes further
deviſing and maliciouſly intending the ſaid JAMES
Duke of York and Albany our Brother to ſcandalize,
and into the further diſpleaſure and hatred of us, and
of the Great Men of this Kingdom of England, out of
his meer malice and envy, had and forethought, at
the Pariſh of S. Martin in the Fields aforeſaid, in the
County of Middleſex aforeſaid, the ſaid fifth day of
December, in the Year aboveſaid, upon certain other
Diſcourſe of the ſaid JAMES Duke of York and
Albany, divers falſe News and horrible Lyes of the aYork and Albany, publickTitus at that time being, coſt
him the aforeſaid Titus nine pence, but might have
been brought for one penny, and that he knew no
body to be the better for it but that Traitor JAMES
Duke of York. And the aforeſaid Titus Otes further
contriving and maliciouſly intending the aforeſaid
JAMES Duke of York and Albany, our only Brother,
into the further diſpleaſure and hatred of us, and of
the Great Men of this Kingdom of England, and alDecember, in the five
and Thirtieth Year above ſaid, at the Pariſh of S. Martin
in the Fields aforeſaid, in the County of Middleſex aTitus Otes and ſeYork and Albany, our BroEngland, in the preſence and hearThe Duke of York (the aforeſaid JAMES
Duke of York and Albany our only Brother meaning)
is a Traitor. And the aforeſaid Titus Otes further conYork our Brother, into the hatred of us, and
of the great Men of this Kingdom of England, and
alſo of divers other venerable Perſons, and our SubDecember
the Year aboveſaid, at the Pariſh of S. Martin in the
Fields, in the County of Middleſex aforeſaid, upon cerTitus Otes and divers of our
liege People, of and concerning the aforeſaid JAMES
Duke of York and Albany our only Brother, divers
other falſe News and horrible Lyes of the aforeYork and Albany our only BroEngland, in the preſence
and hearing of divers venerable Perſons, publickly,
falſly, and maliciouſly ſaid, related, and with a loud
voice publiſhed; to wit, That the ſaid Duke of York
was a Traitor. By reaſon whereof the ſaid JAMES
Duke of York and Albany our only Brother, in his ReYork
and Albany, the Grace, good Opinion and Eſteem which
we and others the great Men of this Kingdom of England
before towards him JAMES Duke of York and
Albany did bear, utterly loſt, and divers Rumors and
Scandals between very many Nobles and Peers of
this Kingdom of England, and other our Subjects, by
the occaſions aforeſaid, within this Kingdom of England,
are ariſen and divulged, and great Scandals and
Diſcords by occaſion of the Premiſes between him
the aforeſaid JAMES Duke of York and Albany, and
England are ariſen; and daily more
and more in the like may ariſe, to the great diſturEngland, and in contempt of us and our
Government of this Kingdom of England, and to the
great Scandal and Grievance of him JAMES Duke
of York and Albany, to the Damage of him the ſaid
JAMES Duke of York and Albany, our moſt dear BroYork and Albany
our only Brother his damages againſt the ſaid Titus
Otes by occaſion of the Premiſſes ought to recover:
but becauſe it is not known to our Court before us,
what damages the aforeſaid JAMES Duke of York
and Albany our Brother hath ſuſteined, as well by ocYork and Albany hath ſuſteined, as well by occaſion of
the Premiſſes, as for his coſts and charges, by him
about his Suit in this behalf expended, and the InquiWeſtminſter on Wedneſday next after three
Weeks of the Holy Trinity, under your Seal and the
Seals of them by whoſe Oath you take that Inquiſition,
diſtinctly and openly you ſend, and this Writ. Teſte
Sr. George Jefferys, Knight and Baronet, at Weſtminſter
the Thirtieth day of May, in the Year of our Reign
the Six and Thirtieth. Ri. Swift. Henley.
May it pleaſe your Lordſhip, you Mr.
Sheriffs, and Gentlemen of the Jury, His Royal HighYORK is Plaintiff, and Litus Otes
is the Defendant; And this is in an Action of Treſpaſs and
Contempt, grounded upon the Statute of SCANDALUM
MAGNATUM, wherein his Royal Highneſs ſets forth,
That whereas ſuch a Statute was made, prohibiting the
Slandering the Great Men and Peers of the Kingdom, and
the Plaintiff being the KING's Onely Brother, and a
Peer, the Defendant upon a Diſcourſe between him the
Defendant and ſome other Perſons, about a Letter that
the Defendant had then in his Hands, Publickly, Falſly,
and with an intent to ſcandalize the Plaintiff, ſpoke theſe
Engliſh words:
This Letter (meaning the Letter then in the Defendant's
Hands) coſt Me (meaning the Defendant) Nine-pence, and
might have been brought for a Penny; I (meaning the Defenknow no Body is the better for it, but that Traytor
JAMES Duke of YORK, meaning the Plaintiff.
Gentlemen, This is not all, the Declaration goes on
further, and ſays, That the Defendant intending further
to ſcandalize the Plaintiff, the Sixth of December in the
Thirty fifth Year of this King, upon a Diſcourſe had and
moved by and between him the Defendant and ſome
other Perſons, in the preſence of divers venerable Per
The Duke of YORK (meaning the Plaintiff) is a Traytor;
And this is laid to the Plaintiff's damage of One hundred
thouſand Pounds: The Defendant has not pleaded, and the
Plaintiff has ſigned his Judgment; and now you, Gentle
You obſerve, Gentlemen, the Words
are acknowledged by the Defendant's default, and not
pleading; ſo that they were ſpoken, is owned by him,
and you are to enquire only of the Damages: And, I
think, there will need nothing to be ſaid for the Aggrava
We will call ſome Witneſſes, to give
you an Account how he uſes to treat the Plaintiff in all
Companies, and we ſhall begin with Mr. Smith. And the
truth is, the proving of the Words, will demonſtrate the
Malice of them; and the Manner and Circumſtances of
ſpeaking, will make them appear to be ſuch, as need noJames Smith.
The Evidence that you ſhall give to the Sheriffs and the Jury ſworn about the Matter in Queſtion, ſhall be the Truth, the whole Truth, and nothing but the Truth.
Mr. Smith, pray will you tell the Court
and the Jury, what you have heard the Defendant Otes ſay
of his Royal Highneſs.
At the laſt Weſtminſter Parliament, as I was
ſitting in a Coffee-houſe, I ſaw Mr. Otes, he had a Letter in
his hand, and he ſaid, This Letter coſt me Nine-pence, it
might have been brought for a Penny; I know no Body that is
the better for it but a Traytor, to the beſt of my rememthe Duke of York.
Swear Mr. Penniſton Whaley
Otes ſay of his Royal
Highneſs?
The time was either the Eaſter or Whitſontide
after Sir Thomas Gaſcoigne's Tryal.
What were the Words you then heard him ſay?
It was at the Biſhop of Ely's Table at Ely
Houſe. I had received the Sacrament at the Chappel there
that day, and ſo had the Doctor too; it was upon Eaſter-day
or Whitſunday, I ſuppoſe, becauſe I never uſed to receive the
Sacrament here in Town but one of thoſe two times; and
Dr. Otes and I were ſitting there, and ſome Diſcourſe hapThomas Gaſcoigne's Tryal, and he fell very
foul upon the Jury, and ſaid, They were a Company of profligate
Villains (or ſome ſuch expreſſion as he was wont to
uſe) and ſaid, He would have them Attainted. Then ſaid
I to him, Doctor, you are a good Man at a matter of Fact,
but, I doubt, you are not ſo at a matter of Law. Upon
that, we came to ſome high Words about that and other
things, and, among the reſt of the Diſcourſe, he ſaid, The
Duke of YORK was a Traytor. Upon that, I ſaid to him,
Doctor, you lie under a great Error in that, I ſuppoſe, by
miſtaking a Statute made againſt Popery; ſays he, No matter
for that, I ſay he is a Traytor. Then there were ſome
other Diſcourſes happened afterwards, and I began to reEly's Table is not a Protection good
enough for any Body that comes here?
Where was this Sir, pray do you ſay.
At the Biſhop of Ely's Table.
Was the Biſhop there then?
He was at the Table, but at a great diEly's parI thank you kindly for it, none of us dare talk
with him.
And this you ſay was at Dinner, af
Yes, it was ſo.
Then ſwear Edward Johnſon
Mr. Johnſon, pray will you give the
Court and Jury an account what Diſcourſe you have
heard from the Defendant, Mr. Otes, againſt the Plain
Upon the Three and twentieth of Auguſt,
1680. I met Dr. Otes, and ſaid, Good morrow Doctor, all
things will go well now—
You mean him they call Dr. Otes, I
ſuppoſe.
Yes, they uſed to call him ſo; ſaid I,
Good morrow Doctor, all things will go well now, for
there is a Parliament to meet in a little time. No, ſaid he,
not till YORK is either Baniſhed or Hanged; but of the two,
Hanging is the fitteſt for him. Said I, do not talk ſo Doctor:
Says he, I ſpeak nothing but what is true; he has a good Brother,
but he takes all the courſes in the world to undo Him:
And then the Doctor and my Lord Howard went away to
Swear Randall Bowring
What have you heard Mr. Otes ſay of the Duke of
YORK?
About the middle of October, 1679. there
were ſeveral perſons at Dinner with the Doctor.
What Doctor, prithee?
Mr. Otes.
Mr. Otes we know very well, but we
do not ſo well know who this Doctor is.
They uſed to call him Doctor, or I ſhould not have taken upon me to give him the Title.
Well, go on: There were ſeveral perſons at Dinner with him, and what then?
There happened ſome diſcourſe concern
Where was this?
At his Lodgings at Whitehall: And a
Gentleman that was there, ſaid, In caſe his Royal Highneſs
were a Papiſt, how ſhould we be ſecured that in caſe he
come to the Succeſſion of the Crown, he would not bring
in Popery among us? Then the Doctor replied, I would not
have you trouble your ſelf about that, for he ſhall be hanged before
that time.
What have you heard him ſay any where
elſe, at Foſter-lane, or any other place?
After the Sermon he had preached there
at Foſter-lane Church, the Church-wardens, and ſome of the
Pariſh, invited him into the Veſtry to drink a Glaſs of
Wine.
What? he made as if he would preach there?
He did preach there, and then the Church-wardens
invited him to Dinner; but then he asked them,
If ever any of them had dined with JAMES Duke of YORK
at any of the Feaſts of the City where the Duke uſed to come ſometimes?
To which they none of them anſwering a word, he
replied, He would not dine with any Man that had eat with the
Devil: And ſo would not go to dine with them, but went
and dined at a private Braſiers by London-wall.
An excellent Goſpel-Preacher upon my word.
What Braſier was that?
Truly I do not well know his Name.
Where did he live?
By London-wall.
Then ſwear Mr. Fairfax.
Pray, Sir, tell my Lord and the Jury, what Words
you have heard this Man ſpeak of his ROYAL HIGH
May it pleaſe your Lordſhip, in Auguſt
1679. I happened to come into the Company of Otes the
Defendant, upon the account of an Election that was to be
of Parliament-men for Grinſtead in Suſſex, by the means
of one Aukland; Otes was to go down thither in my Lord
Wharton's Coach, and then we came firſt to be acquainted,
and afterwards we frequently did eat together, and became
very well acquainted. And in my Lord Scrogg's time,
when he was Chief Juſtice, there was ſome Preſentment
intended to be brought in by the Grand Jury here at the
Term, againſt his Royal Highneſs for being a Papiſt, and
not coming to Church, and this Otes was the main ProſecuOtes, and ſaid I to him, Doctor, Now you are NonOh ſays he, we will do well
enough; there will be a Seſſions after the Term, and there we
will at him again; and we will have no more regard for him,
than if he were a Scavenger of Kent-ſtreet: And upon that
he was called away from me, and he went away.
Swear Mr. Philips.
Come, Mr. Philips, will you acquaint
my Lord and the Jury, what you have heard Otes ſay of
the Duke of YORK?
In or about January (78.) may it pleaſe
your Lordſhip, I was in the company of one Deacon at
Otes's Lodgings at Whitehall, where Mr. Otes ſaid, He hoped
to ſee your or our Maſter JAMES (meaning the Duke of
YORK his Royal Highneſs I ſuppoſe) at the Bar of the
Houſe of Commons; and it would be no diſparagement to him to
appear there, for there were better men Members of that Houſe than
he was.
Pray what was the occaſion of this Diſcourſe?
Truly it was a Diſcourſe of his own; he ran it on, we talked but little to him.
Who did he apply himſelf to in that Diſcourſe?
To us two, Mr. Deacon and I.
How came he to mention your MaJAMES, had you any relation to the Service of his
Royal Highneſs?
No, my Lord, we had not; but he ſaid either our Maſter, or your Maſter: he run on in ſuch kind of Diſcourſe as he uſed to do.
But do you think he intended his
Royal Highneſs, when he named your Maſter JAMES?
I could not imagine he did mean any Body elſe.
Then ſwear William Aſhlock.
Pray will you acquaint my Lord and the Jury, what
words you have heard him ſpeak of his ROYAL HIGH
May it pleaſe your Lordſhip, in Eaſter
Term, 1682. Dr. Otes.
Mr. Otes you mean.
Mr. Otes went out one morning with Dolben
and Robin Nichols, two of his men, from his Lodgings
at Whitehall, and while he was dreſſing, he ſaid he went
out in order to draw up a Bill of Indictment againſt the
Duke of YORK; but he did not do it, becauſe he was
otherwiſe adviſed by ſome perſons, as I heard. Then at
Michaelmas, 1682. when he was going to dreſs him, I held
the Baſon to him to waſh, as he commonly had two or
three every day to wait upon him to dreſs him, there came
Suſſex, I cannot
remember his Name: He asked him how all Friends did in
Suſſex, and then fell a talking about the Election of SheJohn Moor, and called him Rogue, and
ſaid he deſerved to be hang'd up as an Example. And afLondon was fired by the Duke
of YORK's Order, and Sir Thomas Bludworth had a hand
in it; and the Forces at Black-Heath were to have plunder'd
the City, and killed all the honeſt Proteſtant Diſſenters in
London: And this he would proveStarkey, Henry Starkey that was concerned in
Colledge's buſineſs at Oxford, and one Mr. Paſchall, and, I
think, Capt. Clare, and ſome others that uſed to keep him
Company, and Mr. Otes ſtep'd up on a ſudden, and ſaid,
The Duke of YORK was a Son of a Whore, and he ſhould
live to ſee him hanged; and if they could but get a Parliament to
their mind, they would ſoon ſend the Duke and all his Gang out of
England, for he must never expect to ſucceed to the Crown.
Pray who did he ſay was to head the ForBlack-Heath that you talk of were to plunder the
City?
The Duke of YORK, and London was
fired by his Order; and this he would prove, if they could but
get a Parliament to their mind: And he ſaid, They ſhould take
away the Poſt-Office from the Duke of YORK, and give it to
the Duke of Monmouth.
Then call Capt. Creſſet, and ſwear him.
Capt. Creſſet, Pray do you remember
what Diſcourſe you had with Otes, when the Duke went
into Flanders, what he ſaid of his Royal Highneſs?
It was the laſt time the Duke went into
Scotland with her Royal Highneſs, I think it was in October
1680. I was commanded over Night to wait at the Duke's
Lodgings, till a Paper ſhould be delivered me by my Lord
Rocheſter; I ſtay'd there till Twelve a Clock at Night, and
not ſeeing my Lord come out, I went away, and came
early the next Morning. And when the Duke and
Dutcheſs went to take water at the Privy-Stairs, I came
down through the Guard-Chamber, and Dr. Otes was in the
Gallery that leads betwixt that and the Gate; when he ſaw
me, I bid him, Good Morrow Doctor, or he bid me, Good
Morrow; one of the two, I cannot exactly tell which:
Says he to me, You will never leave, till you have loſt your Reputation.
Why, what is the matter now, Doctor, ſaid I, I
hope my Reputation is not hung upon ſo ſlender a Thread,
as to be loſt for my going any where? Says he, You have been
with JAMES: Who do you mean by JAMES, ſaid I?
YORK, ſays he. Surely, ſaid I, it might have been the
Duke of YORK, or his Royal Highneſs: No, ſaid he,
he is a Raſcal, a Papist, and a Traytor, and I hope to live to ſee
him hanged. Truly Doctor, ſaid I, now let me give you a
little advice to govern your Tongue and your Paſſions, I
aſſure you they will do neither you nor your Cauſe good;
it may do you a great deal of hurt in time, if you do not
take care.
Call Sir William Jennings.
Truly, my Lord, I think we need call no more, though we have multitudes of them, it is his daily Diſcourſe.
Call whom you will Mr. Attorney;
for though it be the laſt day of the Term, and it is an unuWrit of Enquiry here,
yet in regard of the Greatneſs of the Perſon that is conThat all the World may ſee how his
ROYAL HIGHNESS has been abuſed and ſcandalized by this
Perſon.
The Defendant, my Lord, has been a perſon pretty much talk'd of too.
Yes, truly it is done with regard to
him too; for he has been an eminent Man in his Way.
Then ſwear Sir William Jennings.
Now, Sir William Jennings, ſpeak out, you
hear the Queſtion, What have you heard Otes ſay of the
Duke of YORK?
My Lord, at the time of the SitOxford, I was in a Tavern there
with Mr. Cranfeild, one of the King's Gentlemen-Uſhers,
who ſeeing Mr. Otes going along by the Room, invites him
to drink a Glaſs of Wine, there were a matter of ſome
Eight or Nine at the Table; there was a little partition
Curtain, it being a long Room, and there was ſome ComJAMES Duke of YORK, and the KING's
Health being drunk at our Table, Mr. Cranfeild began a
Health to the DUKE: Says Mr. Otes, Do not you drink
YORK's Health. Why ſhould we not, ſays Mr. Cranfield,
and a Gentleman or two more in the Company: Why, ſays
he, he has ruined the Nation; and if the Devil has a place in
Hell more hot than others, I hope he will beſtow it upon him. SeveCranfeild and him upon it, and
the KING was told of it preſently.
Swear Juſtice Warcup.
Pray tell what you know of this Man's diſcourſing con
My Lord, I went into the Company where
Sir William Jennings was that he ſpoke laſt of, and being deOtes had ſaid there.
Mr. Otes, Titus Otes you mean.
Yes, my Lord, the Room had a Partition
by a Hanging or Curtain, and I was firſt in the other ComYORK; this
Health went round, and Otes was, it ſeems, in the next
Room, and heard this Health I ſuppoſe: when I came into
Sir William Jennings Company, Otes was gone; the CompaOtes had ſaid, as Sir William Jennings
has declared, they all agreed thoſe to be the words, That
he had ruined or betray'd the Nation; and if the Devil had a hotter
place in Hell than other, he hoped he would beſtow it upon him.
I met Otes afterwards, and asked him why he would ſpeak
ſuch irreverent words of the DUKE? His Anſwer was,
He was a Traytor, and was in the Plot; and he told me, I
was a Yorkiſt, and he would remember me for it.
Did not that afright you, Mr. Warcup, to
have him threaten you ſo?
I had then an Impeachment againſt me, and truly I think I might well be afraid.
You ſay he owned the Words they told you of.
They did all agree thoſe to be the Words;
and I met him afterwards, and asked him why he would
ſpeak ſo Irreverently of the Duke, conſidering he was the
King's Brother, and as virtuous a Prince as trod upon the
Earth: Says he, He is a Traytor, and in the Plot; and you
are a Yorkiſt, and I will remember you for it.
We ſhall only call one more, to ſhew in
what mind he continues to be, even ſince this Action brought.
Swear Mr. Charles Chapman.
Pray, Sir, Tell what you know.
My Lord, I met Mr. Swift, the Duke of
YORK's Attorney, when he was going over, as he told
me, to demand a Plea of the Defendant Mr. Otes, and he
deſired me to go along with him, I did ſo; and when we
came to him, Mr. Swift told Otes the Rules were out, and
deſired to know what he intended to do, whether he would
plead or no. Otes asked him, If he were the Duke's Attorney?
He anſwered him, Yes: Says he, I do not value the
Duke, nor his Attorney neither, I will plead as I ſhall ſee cauſe
according to Law; I declare I neither love the Duke, nor fear
him: And ſo turned his back, and was going away, and
comes up again, and ſays to him, It may be I may be in for
One hundred thouſand Pounds here, but if ever a Parliament ſit,
I do not queſtion but to have ſome Body elſe in my place. Mr.
Swift asked him to explain himſelf who he meant, ſays he,
Do you come to Trapan me? and away he went.
My Lord, we have now done, if the Ju
Is there any Body here for Mr. Otes,
to offer any thing to leſſen the Damages?
Then, Gentlemen of the Jury, your Buſineſs now is to
enquire what Damages you think fit to aſſeſs to his ROYAL
HIIGHNESS, by reaſon of the ſpeaking of the Words
mentioned in the Declaration, there being in this Action
Judgment by Default obtained by his ROYAL HIGH
Now, Gentlemen, though the acknowledgment of this Judgment (for ſo it is in effect, it being by Default) be a ſufficient Confeſſion of the Words being ſpoken as they are laid in the Declaration, yet they have given you Proof of the very Words.
De SCANDALIS MAGNATUM, taking notice that
His Royal Highneſs is a great Peer of this Kingdom, and
His Majeſtie's only Brother; and that Oates the Defendant
knowing him to be ſo, to bring him under Reproach and
Calumny, and to cauſe Diſcord to ariſe between the King
and him, and between him and other Great Men, did ſpeak
the words laid in the Declaration which you have heard
read, and which are theſe.
The firſt are, This Letter (Oates having a Letter in his
Hand) coſt Me Nine-pence, and might have been brought for a
Penny; I know no Body is the better for it, but that Traitor
JAMES Duke of YORK. This is laid over again with a
very little variation, This Letter coſt Me Nine-pence, and might
have been afforded for a Penny; I know no Body is the better for
it, but that Traitor JAMES Duke of YORK: which are
words of the ſame Sound, and to the ſame purpoſe with
the former; they differ only in ſome minute Circumſtances
a word or ſo, but import the ſame thing.
The next words are theſe, The Duke of YORK is a Traitor;
and theſe words too are laid two ſeveral ways, differing
but in very ſmall Circumſtances (Is a Traitor, and Was a
Traitor) the Subſtance of the words is the ſame.
Now I ſay, Gentlemen, Though it is not your Buſineſs
to enquire whether or no Oates ſpoke theſe words, for by
letting Judgment go againſt him by Default, he doth in
Law confeſs the words, but you are to enquire what DaHoſanna'd
among People that have been Factious and Tumultuous
to the Government.
Such as he, ought to be made Publick Examples of;
and therefore the King's Counſel have deſired that this
Cauſe might be canvaſed here at the Bar, and the Defen
Thus this Writ comes to be executed here. Now
though the Words laid in this Declaration are words that
do import in themſelves ſo much Scandal and Reproach,
ſo much Malice and Venom, that they need no Aggrava
Smith,
and he gives you this Account, He was in a Coffee-Houſe
where he met the Defendant Oates; and the Defendant in a
Vain-glorious huffing ſort of manner, takes occaſion though
none was offer'd him by any thing ſpoken to him by any
Body, but only on ſet purpoſe to expreſs his Malice and
Venom againſt the Plaintiff. He takes up a Letter that it
ſeems came to him by the Poſt, and to gratifie his own
malicious Inclination, and to give it vent, he Proclaims,
This Letter coſt Me Nine-pence, it might have been brought or
afforded for a Penny; and I know no Body is the better for it, but
that Traitor JAMES Duke of YORK.
So you ſee, Gentlemen, he takes hold of every little OcCoffee-Houſe, to reek his Malice upon
His Royal Highneſs. And ſure there can be no greater
imputation of Scandal brought upon any Man than
this upon the Plaintiff. That the firſt and greateſt Subject
of the King of England's ſhould be taxed with the greateſt
Crime in the Law, Diſloyalty and Treaſon to his Sove
The next Witneſs is one Mr. Whaley, and he gives you
an Account of another Paſſage which I cannot but take
notice of by the way, to ſhew you what a wonderful
Chriſtian Temper this Man is endued with. Mr. Whaley
ſays, That being at the Biſhop of Ely's Houſe upon a PubEaster or Whitſontide (and he is ſure it
was one of thoſe two, Becauſe, ſays he, I never uſe to receive
the Sacrament in London, but upon one of thoſe two days;
and therefore I take it upon me to ſay it was one of thoſe two days
that I heard theſe words) Oates having it ſeems received the
Holy Sacrament at the Biſhop of Ely's Chappel with
Mr. Whaley that day. When a Body would have thought
that if Mr. Oates would have been believed to be ſo Hearty
and Pious a Proteſtant as he pretends to be, he ſhould have
remember'd that he ought, according to the Proteſtant Do
For after ſuch time as he had been at the Sacrament, he
takes occaſion without any Provocation to fall foul immea Profligate Wretch; and then particularly he comes to ſay,
The Duke of YORK was a Traitor. This Gentleman being
concerned, as every Honeſt and Loyal Man ought to be,
and I hope every good Subject is, and ever will be, to
hear ſo great a Prince, the King's onely Brother, ſo traNay, Good Mr. Oates, you
need not be in ſo very much fear of your ſelf as to call for your
Men, no Body here intends you any harm. Nay certainly,
Mr. Oates did apprehend himſelf to be ſecure from all
manner of Correction, or he would never have been ſo Im
But you will no doubt take notice, as all Men cannot
but do, of what an excellent Goſpel Spirit, what a delicate
Chriſtian temper the Man is of, after the receiving the Sa
And it ſeems this Perſon had obtained to make ſuch a
wonderful Figure in the World, that every Body was afraid
Ely's Pardon for being ſo loud
and hot at his Table, the Biſhop gave him Thanks for it,
and told him, None of us dare ſpeak to him. Such a Conſiderable
Man hath he been that he might rail againſt the King, and
the Duke, & the Government without Controul. He was got
into ſuch a Poſt that no body durſt meddle with him, but
he muſt have liberty to ſay any thing of any Body. To what
an height of Corruption were we grown, that we could
ſuffer ſuch a Fellow's Inſolence, at which no man living
that has any ſpark of Modeſty or Loyalty left in him, but
muſt Bluſh and Tremble.
Then they produce to you one Mr. Johnſon, who gives
you an Account, that after ſome Diſcourſe between him
and the Defendant Oates, about the Duke of YORK, he
immediately told Johnſon, That the DUKE was either to be
Hanged or Baniſhed; it ſeems he was ſo Ill a Man in his Eye,
but of the two, Hanging was the fitter for him. So the Dr. ſhew
Mr. Bowring is the next Witneſs, and he comes and tells
you, That the Dr. could not be prevailed with to Dine
with the Gentlemen of the Pariſh of Foster Lane, becauſe
ſome of them had dined with the Duke, which he calls
Dining with the Devil. It ſeems he made as though he would
Preach there to them, he got up into the Pulpit and took a
Text, and pretended to Preach, and if he would have
Preached according to the Duty of a Church of England
Divine, he was by that to have Preached not only ObeHave any of you
Dined with YORK at the City Feaſts? as they not anſwering,
why truly he would not Dine with thoſe that had
dined with the Devil. It ſeems his Royal Highneſs had been
pleaſed to Honor ſome Societies of Loyal Men in the
City of London with his Company at ſome Entertainments
they made, and that is a great Offence to the Defendant;
and as for thoſe that had received that Royal Favour from
His Highneſs, he takes notice of them as ſuch whom he
would neither Eat nor Drink with, for truly they had eaten
and drunk with the Devil; but immediately the Doctor in his
great Zeal and wonderful concern for the Proteſtant ReliBraſier's by London-Wall; a properer place in
good truth for him, than any ſuch Converſation they
offer'd him.
Then further to ſhew what mean Thoughts he had
of the Plaintiff, Mr. Fairfax he comes and teſtifies, That
there being ſome talk of a Preſentment or Indictment
againſt the Duke of YORK by the Grand Jury here, but
that meeting with a Diſappointment, he met Oates, and
asked him, What he would do, for, ſays he, now you are Nonſuited?
that is, you have happened not to obtain the End
that you deſigned, Oh, ſays Oates, No matter for that, that
is all one, we will at him next Seſsions; and for my part, I will
have no more regard to him than I would to a Scavenger. Nay,
and becauſe they ſhould ſee the very utmoſt of his Malice,
and the low Thoughts he had of his Royal Highneſs, as
if it had not been Malicious enough to have compared him
to a Scavenger of London or Westminſter, no, that was a
Station too honorable for him in his Thoughts, but he
muſt neceſſarily be compared to a Scavenger of Kent-street;
which we all know to be one of the meaneſt, filthieſt, and
moſt beggerly parts of the Town.
The next piece of Evidence is, that which is given by
one Mr. Philips, and when he came to him, he began to
have ſome Reflexions about the Houſe of Commons and
the Duke; and truly he did not doubt but he ſhould ſee him at the
Bar of the Houſe of Commons; and it would be no Diſparagement
to him to come there, for there were a great many Members there
that were as good Men or better than he. And even by this
Fancy of his he would fain degrade His Royal Highneſs;
for in Caſe he had him in no other Conſideration but as a
Peer, he ſhould know that no Peer of this Realm can
be forced by any Vote or Order of the Houſe of Com
The next Man is one Mr. Aſhlock, and he tells you, That
becauſe he would engage all People into an hatred of the
Duke's Perſon, he muſt as a thing of the greateſt ConſeLondon
in Sixty Six, that thereby he might make him obnoxiHe fired the City of London, he is the Son of a
Whore, and we will have him hanged or ſent out of England for
it, whenever a Parliament meets.
So that here is not only a Perſonal Reflexion, and MaSon of a Whore; which
is an Expreſſion of that Impudent and Inſolent Na
Then comes Captain Creſſett, and he gives you an
Account, That when His Royal Highneſs and the DutScotland, as the Captain reWhat, you have been with
JAMES? it ſeems he was one of his intimate AcWhat James? Why YORK; and he was
very kind that he gave him that Addition to let him
know what JAMES he meant; But when the Captain
chid him, and told him, Sure you might either ſay the
Duke of York, or His Royal Highneſs, then immediHe is a Papist, he
is a Traitor, and I hope to live to ſee him Hanged, and
you will go near to loſe your Reputation if you go ſo often
thither.
So that I perceive, if he will not be adviſed by
this Gentleman, he ſhould loſe all his Credit; and
yet I preſume it is wonderfully for the Advantage of
Mr. Creſſett to loſe the Credit he could get by any
Characters or Commendations ſuch an one as he could
give him.
Then Captain Creſſett kindly adviſed him to take
Care of injuring his Party by his Paſſion, and his In
The next is Sir William Jennings, who tells you of a
Paſſage at the Parliament at Oxford, which ſhews his
wonderful Goſpel and Chriſtian temper. When a ComHe has ruined the Nation, and if there be any
hotter place in Hell than other, I hope the Devil will preſerve
it for him.
I preſume his great Converſation with him he ſpoke
of, hath given him ſome Intelligence there is in Hell
ſome hotter places than others, and who they are re
After him comes Mr. Warcup, who tells you, he was
not in the Room with Oates when the laſt words were
ſpoken, but coming in immediately after, they all told
him the ſame words, and he afterwards meeting with
Oates, and reproving him for his indecent Behaviour and
Expreſſion, inſtead of any remorſe concern that he
had upon him, by reaſon of his having ſpoken ſuch
The DUKE of YORK
is a Traitor, he is in the Plot; and becauſe you take
his part you are a Yorkiſt, and we will be even with you
for it at one time or another. So he threatens him only
for asking him why he behaved himſelf in ſuch an in
The laſt Witneſs Mr. Chapman, is produced to ſhew
what Mind he continues in. After all this is paſt,
and a body would have thought he might by this time
have been brought to ſome Conſideration and SubAre you the DUKE's
Attorney? Yes. Well, I care not a farthing for the DUKE
nor his Attorney neither; it may be I may be in here for
100000 l. (and that I believe is one of the trueſt
things he ever ſpoke in his Life) but ſuppoſe I be, I
do not doubt but when a Parliament meets a time will come
when ſome other People may come in my place. But tru
Lay your Heads together Gentlemen, and conſider of your Verdict.
Are you all agreed of your Ver
Yes.
Who ſhall ſay for you?
Foreman.
What Damages do you find?
Full Damages, an Hundred Thouſand Pounds.
What Coſts?
Twenty Shillings.
Which Verdict being Recorded in an Inquiſition in