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what damages the plaintiff had sustained there should be executed at the bar on this day, and by, and upon a motion made at the court of that the high sheriff should appear and attend King's-bench, a day was given to the defen- the execution of the writ in person. According, dant, to shew cause why that writ of inquiry ly this day sir Peter Daniel, kt. and Samuel should not be executed at 1 he bar of that court, Dashwood, esq. the then sheriffs of the county which he not doing, it was ordered, that it if Middlesex, came into this court, and being at the Elephant and Castle, in Corphill, was testifying the words to be spoken in Dorsettried before the Lord Chief Justice Jefferys, shire, he was acquitted. upon an information for printing and publish- “ 15th. Nathaniel Thompson, the popish ing a scandalous libel called The Rares Shew, printer, was brought to the court of King'sof which he was found guilty.
bench, and pleaded Not Guilty to an indice* June 18th. Some time since the duke of ment for printing and publishing a scandalous York brought his action of Scandalum Mag- popish libel, entitled, "The Prodigal Son renatum against Dr. Oates, upon which he was turned home; which denies the king's supre. arrested and committed for want of bail ; he macy in ecclesiastical affairs. : thought it not fit to stard a trial, so let judg- “*20th. Elias Best, convicted some time ment pass by default, upon which a Writ of since for drinking a health to the memory of Enquiry of damages was moved for, and or- pious Stephen Colledge, was brought to the dered to be at the King's-bench bar this day; court of King's-bench, and sentenced to pay which accordingly came on, and a jury was 1,000/. fine, to stand in the pillory at Westsworn, the sherif's of Middlesex attending: the minster, at the Exchange, and at Guildhall, words were proved very fully, being very scan- for the space of an hour ; be bound to his good dalous, with several other malicious words of behaviour for life, and be committed till this is his spoken of his Royal Highness; so that the done. jury assessed damages to 100,000). and 20s.
Nathaniel Thompson was tried costs of suit. The words were spoken two or there for printing and publishing a scandalous three years ago; and the defendant made no popish libel, called, The Prodigal returned defence at all, nor did any one appear for home, au thereof found guilty. bim.
“ 28th. fr. Butler, of Northamptonsbire, * One Hindmarsb, a bookseller, convicted convicted the last assizes, for presenting and of printing and publishing a blasphemous libel, reading the Address of the Freeholders of that entitled, The Presbyterian's Pater Noster, was county to the Knights of the Shire for the last sentenced to pay the fine of 201.
Parliament, was brought to the court of King's“ Francis Smith, convicted lately of printing bench to receive the jurgment of the court, and publishing that libel, called, "The Rarees which was to pay a fine of 500 marks, to find Shew, was brought the 18th to the King's- sureties for his good behaviour for lite, and be bench bar, and sentenced to pay a fine of 5001. committed till this is done. to stand in the pillory at the Palace-yard, at " Jan. 23d, 1684-5. Being the first day of Westminster, at the Temple, and at the Royal term, several persons appeared at the court of Exchange, and the lihel to be burnt by the King's-bench, being bound thereto, and had common hangman, and to have a paper set on their appearances recorded. Then also, Miles him signifying his crime; to find sureties for Fleetwood and sir Thomas Samwell pleaded his good behaviour for life, and be committed Not Guilty, for publishing, printing, and maktill all this be done.
ing a libel called, An Address to the Knights “ Nov. 3d, 1684. Robert Nicholson and of the Shire for the County of Northampton. Wm. Dalby, two of Oates's men, pleaded Not “Q3d. Mr. Henry Baker pleaded Not Guilty Guilty to informations for speaking scandalous to an information for scandalous words about and seditious words of the King, the Duke, and the duke of York; as also one Norden did to the Government.
an indictment for publishing the scandalous “ Nov. 12th. One Harris, an attorney, of libel in vindication of the lord of Essex. Windsor, convicted of speaking seditious words Then, also, sir Scroop Howe pleaded Not against the king, was sentenced to pay twenty Guilty to an information for speaking most renobles fine, and to stanu in the pillory at Read- flecting words on the duke of York. ing, Abingdon, Newbury, and Windsor.
“ Feb. 11. The same day Dalby and Ni“ The same day also, Julian, secretary to cholson, Oates's two men, convicted for speakthe
convicted for publishing many ing seditious and scandalous words against bis scandalous libels, was sentenced to pay 100 late majesty and the present king, were senmarks fine, to stand in the pillory at West- tenced each to pay 10l. fine, find sureties for minster, at Charing-cross, and at Bow-street, life, and stand in the pillory in all the remarkaud to be bound to his good behaviour during able parts of the town. life.
“ Nov. 16, 1686. The court passed judg“ 13th, was a trial at the King's-bench bar ment on the attorney, Mr. Edward Whitaker, against Mr. Edw. Noseworthy, for seditious being convicted of speaking words against king words, in saying, He boped to live to see the Charles the First; he was adjudged to pay, judges hanged that tried Fitzharris. This was when taken, 100marks fine, and be imprisoned laid to be done in Wiltshire, but the witnesses till paid.”
placed at the table at the judges feet, were, hold, justices of the one or the other bench, during the execution of the writ, covered. Mr. nor of other great officers of the kingdom Thomas Rous the then Under-Sheriff managed aforesaid, any false news, lies, or any such it, and proceeded in this manner.
false things, whereby scandal or discord withUnder-Sheriff
. Crier, call sir Charles Lee. in the said kingdom might arise;'and whosoCrier. Vous avez sir Charles Lee. [Who ever should do this, should incur and have the was sworn thus.)
penalty otherwise thereon ordained by the Under-Sheriff You shall well and truly en- statute of Westminster the first, as in the staquire of damages, between the most illustrious tute aforesaid is more fully contained. And prince James duke of York and Albany plain whereas the 4th day of December in the 35th tiff, and Titus Oates defendant, and therein a year of our reign, and long before the yearly true verdict give according to your evidence. rents, issues and profits arising, or due and paySo belp you God.
able for or by reason of the general post:office The rest were sworn thus :
within this kingdom of England, for the car
riage of letters, before were erected and yet are Under-Sheriff. Sir Wiliam Hill, sir Richard established upon the said most illustrious prince Downton, and sir John Berry ; the same oath James duke of York anıl Albany. The aforeyour foreman hath for his part taken, you and said Titus Oates the statute aforesaid not consievery of you for your parts, shall well and truly dering, but the good name, state, credit, dignity keep. So help you God.
and honour of the said James duke of York and Under-Sheriff Thomas Harriot, Thomas Albany, our brother, devising and maliciously Row, and Walter Brydall; the same oath, &c. intending to hurt and detract, and him the said Edward Guise, Thomas Done, and William James duke of York and Albany, our brother, Wood; the same oath, &c. John Sharp, and into the great displeasure and hatred of us, and Nehemiah Arnold ; the same oath, &c. of the peers of this kingdom of England, and
Will you please to have any more than twelve also divers other venerable persons our subjects, sworn ?
to bring, out of his meer malice and envy had L. C. J. (Sir George Jefferies.) How many and forethought, the aforesaid 4th day of Dedo you use to have? Pray swear an odd number cember, in the year of our reign the 35th, at the as you used to do.
parish of St. Martin in the fields in the county Under-Sheriff: Then I will swear three more, of Middlesex aforesaid, upon a certain discourse and that will be just fifteen.
then had and moved by and between the aforeFrancis Stevens, Nicholas Baxter, and John said Titus Oates and divers of our liege people, Kirk. The same oath, &c. The names of of and concerning the aforesaid James duke of them that were upon the Inquiry : sir Charles York and Albany, our brother, and of and conLee, knight, sir' William Hill, knight, sir cerning a certain letter in the hand of the aforeRichard Downton, kt. sir John Berry, kt. said Titus Oates at that time being, divers false Thomas Harriot, Thomas Row, Walter Bry- news and horrible lies of the aforesaid James dall, Edward Goise, Thomas Done, William duke of York and Albany, our brotber at that Wood, John Sharp, Nehemiah Arnold, Francis time, and yet being of the peers and nobles of Stevens, Nicholas Baxter, esquires, John Kirk, this kingdom, in the presence and hearing of gent.
divers venerable persons, publicly, falsly, mali
ciously and scandalousty said and related; and Under.Sheriff Gentlemen, you are sworn, with a loud voice published in these English hear the king's writ.
words following, viz. • This letter (the letter L. C. J. Ay, read it to them.
aforesaid, so in the hands of the aforesaid Ti. Under-Sheriff “ Charles II. by the Grace tus Oates, as is beforesaid being, meaning) of God, of England, Scotland, France and Ire-cost me (the said Titus Oates, meaning)“ nine land king, defender of the faith, &c. to the pence, and might bave been brought for a sheriff of Middlesex, Greeting ; whereas the penny, I (himself the aforesaid Titus Oates most illustrious prince James duke of York and meaning) • know nobody is the better for it, Albany, one of the nobles and peers of but that traitor James "duke of York”. (the England, our most dear and only brother, aforesaid James duke of York and Albany who as well, &c. lately in our court before our only brother meaning.) And the aforeus at Westminster, by bill without our writ said Titus further devising and malici. impleaded Titus Oates, then in the custody of ously intending the aforesaid James duke of the marshal of our Marshalsea, before us being, York and Albany, our brother, into the hatred for that whereas in a statute made in the par- of us, and the peers of this kingdom of Eng. liament of Richard 2, late king of England after land, and also of divers other venerable persons, the conquest, held at Gloucester in the second and our subjects to bring; out of bis meer mayear of his reign, amongst other things : it is lice and envy, had and forethought, the 4th day ordained and strictly prohibited, “That from of December, the year abovesaid, at the parishi
thence none should be so hardy to devise, tell of St. Martin in the fields aforesaid, in the • or relate of the prelates, dukes, earts, barons, county of Middlesex aforesaid, upon a certain ' and other nobles and great men of England, other discourse then had and 'moved by and . nor of the chancellor, treasurer, or clerk of between the aforesaid Titus Oates and several the privy-seal, steward of the King's house of our liege people of and concerning the VOL. X,
aforesaid James duke of York and Albany our only brother, meaning) is a traitor.' And the brother, and of and concerning a certain letter aforesaid Titus Oates further contriving, and in the hands of the aforesaid Titus Oates, at maliciously intending the said James duke of that time being, divers other false news and York our brother, into the hatred of us, and of horrible lies of the aforesaid James duke of the great men of this kingdom of Engiand, York and Albany, our brother at that time, and also of divers other venerable persons, and and yet being one of the nobles and peers of our subjects, to bring out of his meer malice this kingdom of England, and our only brother, and envy, had and forethought the aforesaid in the presence and hearing of several venera- 6th day of December the year abovesaid, at ble persons, publicly, falsiy, maliciously and the parish of St. Martin in the fields, in the scandalously said, related, and with a loud county of Middlesex aforesaid, upon certain voice published, viz. “This letter? (the afore- other discourse at that time had and moved by said letter so in the hands of the aforesaid and between the aforesaid Titus Oates and Titus Oates, as is beforesaid being, mean- divers of our liege people, of and concerning ing cost me' (the aforesaid Titus Oates mean the aforesaid James duke of York and Albany, ing) nine pence, and might have been afforded our only brother, divers other false news and • for a penny, l' (hinself the aforesaid Titus horrible lies of the aforesaid James duke of Oates meaning) • know nobody is the better for York and Albany, our only brother, and at
it, but that traitor James duke of York' (the that time and yet being one of the nobles and aforesaid James duke of York our only brother peers of this kingdom of England, in the premeaning.) And afterwards, to wit, the 5th sence and hearing of divers venerable persons, day of December in the 35th year above- publicly, falsly and maliciously said, related, and said ; the aforesaid Titus Oates further devis- with a loud voice published ; to wit, that the ing and maliciously intending the said James said duke of York was a traitor.' By reason duke of York and Albany our brother to scan whereof the said James duke of York and dalize, and into the further displeasure and Albany, our only brother, in his reputation, hatred of us, and of the great men of this honour and dignity is very much hurt and kingdom of England, out of his meer malice scandalized. And the said James duke of York and envy, bad and forethought, at the parish of and Albany, the grace, good opinion and esteem St. Martin, in the fields aforesaid, in the county which we and others the great men of this kingof Middlesex aforesaid, the said fifth day of dom of England before towards him James December in the year abovesaid, upon certain duke of York and Albany, did bear, utterly lost, other discourse of the said James duke of York and divers rumours and scandals between very and Albany, divers false news and horrible lies many nobles and peers of this kingdom of of the aforesaid James duke of York and Albany, England, and other our subjects, by the occapublicly, falsly, and maliciously said, related, sions aforesaid, within this kingdom of Eng. and with a loud voice published, to wit. That a land, are arisen and divulged, and great scan• letter in the hands of the aforesaid Titus atdals and discords by occasion of the premises that time being, cost him the aforesaid Titus between him the aforesaid James duke of York nine pence, but might have been brought for and Albany, and divers nobles and great men, one penny, and that he knew no body to be and other subjects of this kingdom of Eng. the better for it, but that traitor James duke of land, are arisen ; and daily more and more in • York. And the aforesaid Titus Oates further the like may arise, to the great disturbance of · coptriving and maliciously intending the afore the peace and public tranquillity of this king
said Janes duke of York and Albany, our only dom of England, and in coutempt of us and brother, into the further displeasure and hatred our government of this singdom of England, of us, and of the great men of this kingdom of and to the great scanda and grievance of him England, and also of divers other venerable James duke of York and Albany, to the dapersons, and our subjects, to bring, out of his mage of him the said James duke of York and meer malice and envy, had and forethought Albany, our most dear brother, 100,0001.: As the 6th day of December, in the 35th year he then said, and thereupon in our court beabovesaid, at the parish of St. Martin in the fore us it was so proceeded, that the aforesaid fields, aforesaid, in the county of Middlesex James duke of York and Albany, our only broaforesaid, upon a certain discourse at that time ther, his damages against the said Titus Oates had and moved by and between the aforesaid by occasion of the premises ought to recover; Titus Oates and several of our liege people, of But hecause it is not known to our court before and concerning the aforesaid James duke of us, what damages the aforesaid James duke of York and Albany, our brother, divers other York and Albany, our brother, hath sustained, false news and horrible' lies of the aforesaid as well by occasion of the premises, as for his James duke our only brother, at that time, and costs and charges by him about his suit in this yet being one of the nobles and peers of this behalf expended. Therefore we command you kingdom of England, in the presence and hear that by the oaths of good and lawful men of ing of divers venerable persons, publicly, falsly, your bailiwick, you diligently enquire wbat damaliciously and scandalously said, related, and mages the aforesaid James duke of York and with a loud voice published in these English Albany hath sustained, as well by occasion of words following, to wit the duke of York' (the the premises, as for his costs and charges by afgresaid James duke of York and Albany, our him about his suit in this behalf, expended, and the inquisition which thereupon you shall | know, give such damages as may be fit to retake, you shall have before us at Westminster pair the plaintiff's honour. on Wednesday next after three weeks of the Sol. Gen. (Mr. Finch) We will call some Holy Trinity, under your seal, and the seals of witnesses to give you an account how he uses them by whose oath you take that inquisition) to treat the plaintiff in all companies, and we distinctly and openly you send, and this writ. shall begin with Mr. Smith. And the truth is, Teste sir George Jefferies, Knight and Baronet, the proving of the words, will demonstrate the at Westminster the thirtieth day of May, in malice of them; and the manner and circumthe year of our reign the thirty-sixth.
stances of speaking, will make them appear to « Ri. Swift.
HENLEY." be such, as need nothing to be said for their You are to enquire what dąmage his royal aggravation at all. Swear Mr. James Smith. highness the plaintiff has sustained, by means
. The evidence that you shall of the premises ; as also, what costs he has give to the sheriffs and the jury, sworn about been at in this suit.
the matter in question, shall be the truth, the
whole truth, and nothing but the truth. Mr. Hunses. May it please your lordship, Sol. Gen. Mr. Smith, pray will you tell the you Mr. Sheriffs, and gentlemen of the jury, court and the jury, what you have heard the his royal highness the duke of York is plain- defendant Oates say of his royal highness. tiff, and Titus Oates is the defendant : and Smith. At the last Westminster parliament, this is, in an action of trespass and contempt, as I was sitting in a coffee-house, I saw Mr. grounded upon the statute of Scandalum Mag- Oates, he had a letter in his hand, and he said, natum, wherein his royal higliness sets forth, This letter cost me nine pence, it might bave that whereas such a statute was made, prohi- been brought for a penny, I know nobody biting the slandering the great men and peers
that is the better for it bnt a traitor,' to the of the kingdom, and the plaintiff being the best of my remembrance he said, the duke king's only brother, and a peer, the defendant of York." upon a discourse between him the defendant Att. Gen. Swear Mr. Penniston Whaley. and some other persons, about a letter that (Which was done.) What words did you hear the defendant had then in his hands, publicly, Mr. Oates say of his royal highness ? falsly, and with an -intent to scandalize the Whaley. The time was either the Easter or plaintiff, spoke these English words: This Whitsuntide after sir Thomas Gascoigne's Letter' (meaning the letter then in the defen- trial. dant's hands) cost me’ (meaning the de. Sol. Gen. What were the words you then fendant) nine pence and might have been heard bim say ? brought for a penny; ! (meaning the defen- Whaley. It was at the bishop of Ely's table at dant) know nobody is the better for it, Ely house. I bad received the Sacrament at . but that traitor James duke of York ;' mean the chapel there that day, and so had the ing the plaintiff.
Doctor too; it was upon Easter-day or WhitGentlemen, this is not all, the Declaration sunday, I suppose, because I never used to goes op further, and says, that the defendant receive the Sacrament here in town, but one intending further to scandalize the plaintiff, the of those two times, and Dr. Oates and I were 6th of December in the 35th year of this king, sitting there, and some discourse happened upon a discourse bad and moved by and be about sir Thomas Gascoigne's Trial, and he tween him the defendant and some other per fell very foul upon the jury, and said, They sons, in the presence of divers venerable per- • were a company of profligate villains' (or sons, said these words of the plaintiff: "The some such expressions as he was wont to use) • duke of York' (meaning the plaintiff) is a and said, He would have them attainted. trailor :' and this is laid to the plaintiff's Then said 1 to him, Doctor, you are a good damage of 100,000l. : the defendant has not man at a matter of fact, but, I doubt, you are pleaded, and the plaintiff bas signed his judy- not so at a matter of law. Upon that, we came ment; and now you, gentlemen, are to enquire to some high words about that and other things, of the damages.
and among the rest of the discourse, he said, Att. Gen. (Sir Robert Sawyer.) You ob. The duke of York was a traitor.' Upon that serve, gentlemen, the words are acknowledged I said to him, Doctor, you lie under a great by the defendant's default, and not pleading ; error in that, I suppose, by mistaking a staso that they were spoken is owned by him, and tute made against popery ; says he, No you are to enquire only of the damages : 'and, matter for that, I say he is a traitor.' Then I think, there will need nothing to be said for there were some other discourses happened the aggravation of them, they are words of the afterwards, and I began to reply, and growing highest nature, in respect of slander and scan- both of us pretty warm, tbe Doctor called to dal, that can be spoken or thought of, accusing his two men, bis myrmidons, that used to be him of treason. We shall only call you some always with him, and follow bim up and witnesses to prove this way of discourse to be down : said I to bim, Nay, Doctor, you need his constant habit în all places, and among all not call your men to your assistance, there is persons and company, inveighing against the nobody here will hurt you : do you think the government, and particularly against his royal bisbop of Ely's table is not a protection good highness the plaintiff'; and then you will, 1 enough for any body that comes here?
L. C. J. Where was this, Sir, pray do you , dens, and some of the parish, invited him into say, ?-Whaley. At the bishop of Ely's table. the
vestry to drink a glass of wine. L. C. J. Was the bishop there, then ? L. C. J. What ? He made as if he would
Whaley. He was at the table, but at a great preach there? distance from us, the Doctor and I sat at the Bowring. He did preach there, and then the lower end of the table. Afterwards I begged churcb-wardens invited bim to dinner; but the bishop of Ely's pardon, for being so hot then he asked them, “ If ever any of them had and loud at bis table; says the bishop to me, • dined with James duke of York, at any of • I thank you kindly for it, none of us dare talk the feasts of the city, where the duke used to < with him.'
come sometimes ?" To which none of them L. C. J. And this you say was at dinner answering a word, he replied, • He would not after the Sacrament was over ?
• dine with any man that had eat with the devil." Whaley. Yes, it was so..
And so would not go to dine with them, but Mr. North. Then swear Edw. Johnson.
went and dined at a private brasier's by London
Wall. [Which was done.]
L. C. J. An excellent gospel-preacher apoa Att. Gen. Mr. Johnson, Pray will you give my word. the court and jury an account, what discourse Att. Gen. What brasier was that? you have heard trom the defendant, Mr. Oates, Bouring. Truly I do not well know his against the plaintiff.
Johnson. Upon the 23rd of August, 1680, I Att. Gen. Where did he live?
Sol. Gen. Then swear Mr. Fairfax. (Wbieb L. C. J. You mean him they call Dr. Oates, was done. ] Pray, Sir, tell my lord and the jury I suppose.
what words you heard this man speak of bis Johnson. Yes, they used to call him so; | royal highness. said I, good-morrow Doctor, all things will Fairfar. May it please your lordship, in go well now, for there is a parliament to meet | August 1679, I happened to come into the in a litile time. “No,' said he, not till York company of Oates the defendant, upon the ac
is either banished or hanged; but of the two, count of an election that was to be of parlia• banging is the fittest for him.' Said I, do ment-men for Grinstead in Sussex, by the not talk so, Doctor: says he :I speak no- means of one Auckland; Oates was to go down thing but what is true ; he has a good bro- thither in my lord Wharton's coach, and then ther, but he takes all the courses in the we came first to be acquainted and afterwards ( world to updo him :' and then the Doctor we frequently did eat together, and became and my lord Howard went away together. very well acquainted. And in my lord Scrogg's
Sol. Gen. Swear Randall Bowring. [Which time, when he was lord chief justice, there was done.] What have you heard Mr. Oates was surne presentment intended to be brought say of the duke of York ?
in by the grand jury here at the term, against Bowring. About the middle of October 1679, bis royal highness for being a Papist, and not there were several persons at dianer with the coming to church, and this Oates was the Doctor.
main prosecutor of it. He was used often to L. C. J. What Doctor, prithee?
come up to me, and speak to me when be met Bowring. Mr. Oates.
me; and I was about that time walking in the L. C. J. Vir. Oates we know very well, but court that was built up here for the trial of the we do not so well know who this Doctor is. lords in the Tower; it was after that grand
Bowring. They used to call him Doctor, or jury were dismissed, wbich was done a day or I should not bave taken upon me to give him two before they used to be dismissed in the orthe title.
dinary course, and walking there I met Oates, L. C. J. Well, go on : there were several and said I to bim, Doctor, now you are nonpersons at dinner with him, and what then ? suited, what will you do now? Oh, says be,
Bouring. There happened some discourse • We will do well enough ; there will be a sesconcerning his royal highness.
sions after the term, and there we will at him L. C. J. Where was this?
again ; and we will have no more regard for Bowring. At his lodgings at Whiteha}]: and him, than if he were scavenger of Kent a gentleman that was there, said, In case his street.' And upon that he was called away royal highness were a papist, how should we from me, and he went away. be secured, that in case he come to the succes- Sol. Gen. Swear Mr. Philips. [Which was sion of the crown, he would not bring in popery done.] among us ? Then the Doctor replied, • I would All. Gen. Come, Mr. Philips, will you ac
not have you trouble yourself about that, for quaint my lord and the jury, what you have • he shall be banged before that time.'
heard Oates say of the duke of York ? Alt. Gen. What have you heard bim say Philips. In or about January (1678) may it any where else ; at foster-Lane, or any other please your lordship, I was in the company of place?
one Deacon, at Oates's lodgings at Whiteball, Bouring. After the sermon he had preached where Mr. Oaies sajd, 'He hoped to see your there at Foster-Lane church, the church-war- or our master James' (meaning the duke of