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York, his royal highness I suppose) at the for be must never expect to succeed to the
bar of the House of Commons; and it would crown.'
to plunder the city ?
was fired by his order; and this he would Philips. Truly, it was a discourse of his prove, if they could but get a parliament to own; he ran it on, we talked but little to him. • their mind,' and he said, “They should take
L. C. J. Who did he apply himself to in away the Post-Office from the duke of York, that discourse?
. and give it to the duke of Monmouth.' Philips. To us two, Mr. Deacon and I. Sol. Gen. Then call captain Cressett, and
L. C. J. How came he to mention your swear bim. [Which was done.] master James, had you any relation to the ser- Att. Gen. Capt. Cressett, Pray do you revice of his royal highness?
member wbat discourse you had with Oates, Philips. No, my lord, we had not; but he when the duke went into Flanders, what he said, either our master, or your master : he said of his royal highness ? run on in such kind of discourse as he used Capt. Cressett. It was the last time the duke to do.
went into Scotland with her royal bighness, I L. C. J. But do you think he intends his think it was in October 1680. I was commandroyal highness, when he named your mastered over night to wait at the duke's lodgings, James?
till a paper should be delivered me by my lord Philips. I could not imagine he did mean Rochester; I stayed there till twelve o'clock any body else.
at night, and not seeing my lord come out, I Att. Gen. Then swear William Asblock. went away, and came early next morning; [Which was done.) Pray will you acquaint And when the duke and dutchess went to take iny lord and the jury, what words you have water at the privy stairs, 1 came down through heard him speak of his royal highness. the guard-chamber, and Dr. Oates was in the
Ashlock. May it please your lordship, in gallery that leads betwixt that and the gate? Easter-Term 1682, Dr. Oates
when he saw me, I bid him, good-morrow Att. Gen. Mr. Oates, you mean.
doctor, or he bid me, good-morrow; one of the Ashlock. Mr. Oates went out one morning, two, I cannot exactly tell which ; says he to with Dolben and Robin Nichols, two of his me, ' You will never leave till you have lost men, from his lodyings at Whitehall, and while your reputation.' Why, what is the matter he was dressing, he said he went out, in order pow, Doctor, said I, I hope my reputation is not to draw up a bill of indictment against the duke bung upon so slender a thread, as to be lost of York; but he did not do it, because he was for my going any where? Says he. You have otherwise advised by some persons as I beard. been with James.? Who do you mean by Then at Michaelmas, 1682, when he was going James, said I? • York, says he. Surely, to dress hiin, 1 held the bason to bim to wash, said I, it might have been the Duke of as he cominonly had two or three every day to York, or his royal highness: no, said he, he wait upon him to dress him, there came in a 'is a Rascal, a Papist, and a Traitor, and I hope gentleman, that came newly out of Sussex, I * to live to see him hanged.' Truly Doctor, cannot remember his name: he asked him how said I, now let me give you a little advice to all friends did in Sussex, and then fell a talking | govern your tongue and your passions. I about the election of sheriffs, and abusing them assure you, they will do neither you nor your that were then chosen, and reflected very much cause good, it may do you a great deal of upon sir John Moor, and called him rogue, and hurt in time, if you do not take care. said he deserved to be hanged up as an ex
Sol. Gen. Call sir William Jennings.
of a whore, and he should live to see him a person pretty much talked of too.
; • the duke and all his gang out of England, in his way.
Sol. Gen. Then swear sir William Jennings. you are a Yorkist, and I will remember you for [Which was done. ] Att. Gen. Now, sir William Jennings, speak
Sol. Gen. We shall only call one more, to out, you hear the question, What have you shew in what mind he continues to be, ever heard Oates say of the duke of York? since this action was brought. Swear Mr.
Sir W. Jennings. My lord, at the time of the Charles Chapman. [Which was done.] Pray sitting of the parliament at Oxford, 'I was in a Sir, tell what you know. tavern there with Mr. Cranfield, one of the Chapman. My lord, I met Mr. Swift, the king's gentlemen-ushers, who seeing Mr. duke of York's attorney, when he was going 'Oates going along by the room, invites him over, as he told me, to demand a plea of the to drink a glass of wine, there were a matter of defendant Mr. Oates, and he desired me to go some eight or nine at the table; there was a along with bim, I did so; and when we came little partition-curtain, it being a long room, to him, Mr. Swift told Oates the rules were and there was some company beyond that cur- out, and desired to know what he intended to tain, somebody in that company named James do, whether he would plead or no. Oates Duke of York, and the King's health being asked him, ' If he were the duke's attorney ?' drank at our table, Mr. Cranfield began a health He answered bim, Yes; says be, I do not to the duke: says Mr: Oates, . Do not you' value the Duke nor his Attorney neither, I • driok York's health.' Why should we not, • will plead as I shall see cause according to says Mr. Cranfield, and a gentleman or two law; I declare I neither love the Duke, nor more in the company: Why,' says he, he • fear him: And so turned his back, and was • has ruined the nation; and if the devil has a going away, and comes up again, and says to
place in Hell more hot than others, I hope him, It may be I may be in for one hundred • he will bestow it upon him.' Several words thousand pounds here, but it ever parliament past between Mr. Cranfield and him upon it, sit, I do not question but to have somebody and the king was told of it presently.
else in my place.' Mr. Swift asked him to ex. Att. Gen. Swear Justice Warcup, [Which plain himself who he meant, says be, · Do you was done.] Pray tell what you know of this come to trepan me?' And away he went. man's discoursing concerning the duke.
Att. Gen. My lord, we have done, if the Mr. Warcup. My lord, I went into the com- jury please to consider of it. pany where sir William Jennings was that he L. C. J. Is there any body here for Mr. spoke lastof, and being desired to drink a glass Oates, to offer any thingto lessen the damages? of wine with them, I did so, and they told me [To which nobody answered.] what Dr. Oates had said there.
Then, Gentlemen of the Jury, your business L. C. J. Mr. Oates, Titus Oates you mean? now is to enquire what damages you think
Mr. Warcup. Yes, my lord, the room had a fit to assess to his royal highness, by reason of partition by a hanging or curtain, and I was the speaking of the words mentioned in the de
first in the other company beyond the partition, claration, there being in this action judgment and there somebody began a health to his royal by default obtained by his royal highness; and highness the duke of York, this health went you have nothing now to do, but only to assess round, and Oates was, it seems in the next room to the plaintiff such damages as you shall think and heard this health I suppose : when I came fit. into sir William Jennings's company Oates
Now, Gentlemen, though the acknowledgwas gone; the company there told me what ment of this judgment (for so it is in effect, it Oates had said, as sir William Jennings had de- being by default) be a sufficient confession of clared, they all agreed those to be the words, the words being spoken as they are laid in the * That he had ruined or betrayed the nation ; declaration, yet they have given you proof of • and if the devil had a hotter place in Hell than the very words. • other, he hoped he would bestow it upon him.' The Declaration is in an action grounded I met Oates afterwards, and asked him why upon the statute De Scandalis Magnatum, he would speak such irreverent words of the taking notice that his royal bighness is a Duke? His answer was, He was a traitor, great peer of this kingdom, and bis majesty's and was in the plot;' and he told me,' I was only brother; and that Oates the defendant "a Yorkist, and he would remember me for it.' knowing him to be so, to bring him under re
Att. Gen. Did not that affright you, Mr. proach and calumny, and to cause discord to Warcup, to have him threaten you so ?
arise between the king and him, and between Mr. Warcup. I had then an impeachment bim and other great men, did speak the words against me, and truly I think I might well be laid in the declaration wbich you have heard afraid.
read, and which are these. L. C. J. You say, he owned the words they The first are, • This Letter' (Oates having told you of.
a letter in his hand) cost me nine pence, Mr. Warcup. They did all agree those to be and might have been brought for a penny the words; and I met him afterwards, and I know nobody is the better for it, but that asked him why he would speak so irreverently of traitor James duke of York.' This is laid the duke, considering be was the king's brother over again with a very little variation, This and as virtuous a prince as trod upon the earth? letter cpst me nine pence, and might have Says he, He is a traitor, and in the plot; and been afforded for a penny, I know nobody is
• the better for it but that traitor James duke tended with all the most unchristian and un
of York;' wbich are words of the same sound, charitable, as well as disloyal and disobedient and to the same purpose with the former ; they circumstances that any thing can be, with differ only in some minute circumstances, a design to traduce and disparage a subject so word or so, but import the same thing. loyal, and a person so great and illustrious as
The next words are these, • The duke of his royal bighness. • York is a traitor ;' and these words too are As to the first words, you have the first witlaid two several ways, differing but in very dess Mr. Smith, and he gives you this account, small circumstances, (is a traitor, and was a he was in a coffee-house where he met the traitor,) the substance of the words is the same. defendant Oates; and the defendant in a vain
Now I say, Gentlemen, Though it is not glorious buffing sort of manner takes occasion, your business to enquire whether or no Oates though none was offered bim by any thing spoke these words, for by letting judgment go spoken to him by any body, but only on set against him by default, he doth in law confess purpose to express his malice and venom the words, but you are to enquire what da- against the plaintiff. He takes up a letter mages may be fit to be given to the plaintiff that it seems came to him by the post, and to by reason of these words ; yet in as much as gratify. his own malicious inclination, and to this case is a case of an extraordinary nature, give it vent, he proclaims, . This letter cost weight and moment, having relation to so me nine pence, it might have been brought or great a prince, his royal highness the king's * afforded for a penny, and I know nobody is only brother, requires this extraordinary solem-' the better for it but that traitor James duke nity, it having not been usual heretofore, that of York.' is to have writs of enquiry executed at the bar. So you see, Gentlemen, he takes hold of But the occasion is extraordinary, such as has every little occasion, if he can but happen upon not happened before this age, this corrupt age, an opportunity, such as this was in an open this profligate age, wherein we live, and coffee-bouse, to wreck his malice upon his wherein common ordinary fellows, the mere royal highness. And sure there can be no scum and scoundrels of the factious party, have greater imputation of scandal brought upon taken the liberty to reproach and calumniate any man than this upon the plaintiff. That magistracy and government, and the greatest the first and greatest subject of the king of personages concerned in it, not sparing even England's should be taxed with the greatest majesty itself, nor him, who is next in degree crime in the law, disloyalty and treason to his to his sacred person, his only dear and royal sovereign. And so at once not only chargeth brother. And therefore as the case is extra- him with being perfidious to his only brother, ordinary in its nature, so ought the example to against that affection which by nature he is be nade as public as can be, in order to satisfy obliged to pay him, and which all that know all people what a sort of fellow this defendant any thing, cannot but observe to have always is, who has been so much adored and looked been extraordinary ; but also touches that upon with an eye of admiration, courted with which is much dearer to him than his life, bis 30 wonderful an affection, and so, I had bonour, by charging him with the foulest of almost said, Hosanna'd, among people that crimes, treason and breach of his allegiance, have been factious and tumultuous to the go. which as a subject he owes to his sovereign. yernment.
And thus besides the defendant's confession by Such as he ought to be made public exam- this judgment you have the very words proved ples of ; and therefore the king's counsel have that are in the declaration. desired that this cause might be canvassed The next witness is one Mr. Whaley, and here at the bar, and the defendant, as he has he gives you an account of another passage made himself eminent for some particular which I cannot but take notice of by the way, qualifications, might be made a public example to shew you what a wonderful Christian temper for this offence.
this man is endued with. Mr. Whaley says, Thus this writ comes to be executed here that being at the bishop of Ely's house upon Now though the words laid in this declaration a public festival either of Easter or Whitsunare words that do import in themselves so tide, (and he is sure it was one of those two, much scandal and reproach, so much malice because, says he, • Inever use to receive the and venom, that they need no aggravation Sacrament in London but upon one of those besides themselves ; and his suffering it to go two days; and therefore I take it upon me to by default shews they are no way to be exte- say,
it was one of those two days that I nuated, but are thereby acknowledged: yet, heard these words') Oates having, it seems, however, to satisfy all people that desire or received the holy sacrament at the bishop of have any inclination to be satisfied, that this Ely'schapel with Mr. Whaley that day. When prosecution is highly reasonable, nay abso- a body would have thonght, that if Mr. Oates lutely necessary, they come here and give would have been believed to be so hearty and you an account that these in the declaration pious a protestant as he pretends to be, he should are but a small part of the scandalous and mali- have remembered that he ought, according to cious words that the defendant useth concern the Protestant doctrine, to have left behind him, ing the plaintiff. And indeed it doth plainly at his approach to the altar, all malice and ranappear,, ibat the malice of the defendant is at, cour, and ill will and hatred to every body:
But you see what kind of deportment his up into the pulpit and took a text, and pre
tended to preach, and if he would have preachFor after such time as he had been at the ed according to the duty of a church of Eng. sacrament, he takes occasion without any pro- land divine, he was by that to bave preached vocation to fall foul immediately upon his royal not only obedience and submission to authority; highness, giving him the name of a profligate but respect to superiors, and charity among wretch,' and then particularly be comes to say, all subjects towards one apother; and if he • The duke of York was a traitor. This gen- did preach it, it was worse in him not to practleman being concerned, as every honest and tise it. But you see after he had performed his loyal man ought to be, and I hope every good painful laborious preachment, after he had subject is, and ever will be, to bear so great a taken such a wonderful deal of pains, as 'no prince, the king's only brother, so traduced and doubt he did in instructing his auditors, what his vilified, reproved him for it; but so far was he language is in answer to a civil invitation to from taking the correction due to bis extrava dinner by the church wardens : " Have any of gant tongue in a becomiñg maoner, that he you dined with York at the city feasts? And presently (as the gentleman phraseth it) calls they not answering ; but being silently amazed for his myrmidons, two fellows that he had at the impertinent impudence of the question, along with him, to come to him ; upon which · why truly he would not dine with those that the gentleman was pleased to say to him, had dined with the devil. It seems his royal • Nay, good Mr. Oates, you need not be in so highness had been pleased to honour some so* very much fear of yourself as to call for your cieties of loyal men in the city of London with * men, nobody here intends you any harm.' his company at some entertainments they made, Nay certainly, Mr. Oates did apprehend him and that is a great offence to the defendant ; self to be secure from all manner of correction, and as for those that had received that royal or he would never have been so impudent to favour from his highness, he takes notice of speak such words.
them as such whom he would neither eat nor But you will no doubt take notice, as all men drink with, for truly they had eaten and drank cannot but do, of what an excellent gospel-spi- with the devil; but immediately the doctor, in rit, what a delicate christian temper the man his great zeal and wonderful concern for the is of, after, the receiving the sacrament, that protestant religion, broke up from the company, very morning to come and belch out such ex- would neither eat nor drink with them, but travagant words of calumny and reproach. chose rather to dine at a private brasier's by
And it seems this person had obtained to London-wall; a properer place in good truth make such a wonderful figure in the world, for him, than any such conversation they offerthat every body was afraid to speak to him ; ed him. for you hear what the witness says when he Then further to shew what mean thoughts came to beg the bishop of Ely's pardon for he had of the plaintiff, Mr. Fairfax he comes being so loud and hot at his table; the bishop and testifies, that there being some talk of a gave bim thanks for it, and told him, . None of presentment or indictment against the duke of us dared to speak to him.' Such a consider- | York by the grand jury bere, but that meeting able man hath he heen, that he might rail with a disappointment, he met Oates, and asked against the king, and the duke, and the go- him, “What he would do, for says he, ' now vernment without controul. He was got into you are non-suited ? That is, you have such a post that nobody durst meddle with him, happened not to obtain the end that you debut he must have liberty to say any thing of signed :' Oh, says Oates, “No matter for that, any body. To what an height of corruption that is all one, we will at him next sessions ; were we grown, that we could suffer such a and for my part, I will have no more regard fellow's insolence, at which no man living, that to him than I would to a scavenger.' Nay, has any spark of modesty or loyalty left in bim, and because they should see the very utmost of but must blush and tremble.
his malice, and the low thoughts he bad of his Then they produce to you one Mr. Johnson, royal highness, as if it had not been malicious who gives you an account, tbat after some dis- enough to bave compared him to a scavenger course between him and the defendant Oates, of London or Westminster, no, that was a sta-' about the duke of York, he immediately told tion too honourable for him in his thoughts, Johnson, that the duke was either to be hanged but he must necessarily be compared to a scaor banished; it seems he was so ill a man in his venger of Kent-street"; which we all know to eye, but of the two, hanging was the fitter for be one of the meanest, filthiest, and most beghim. So the doctor sheweth what a wonderful garly parts of the town. kindness and affection he has for the duke, and The next piece of evidence is, that which is what thoughts he has of bis great deserts. given by one Mr. Philips; and when he came
Mr. Bowring is the next witness, and he to him, he began to have some reflections about comes and tells you, that the doctor could not the House of Commons and the duke ; and be prevailed with to dine with the gentlemen of truly he did not doubt but he should see him the parish of Foster-lane, because some of at the bar of the House of Commons; and it them had diñed with the duke, which he calls would be no disparagement to him to come dining with the devil
. It seems he made as there, for there were a great many members gh he would preach there to there, he got there that were as good men or better than
be. And even by this fancy of his he would and you will go near to lose your reputation if fain degrade his royal highness ; for in case you go so often thither.' he bad him in no other consideration but as So that I perceive, if he will not be advised a peer, he should know that no peer of this by this gentleman, he should lose all big realm can be forced by any vote or order of credit ; and yet I presume it is wonderfully for the House of Commons to come to their bar. the advantage of Mr. Cressett, to lose the But be had a mind to take off his very privilege credit he could get by any characters or comof peerage, and it would be no lessening of his mendations such an öne as he could give him. greatness, since that House had in it many Then captain Cressett kindly advised him members better men than the duke himself. I to take care of injuring his party by his passion presume he meant some particular friends of and his indecent behaviour, and told him, it bis own in that House.
would turn to his prejudice at last. And truly The next man is one Mr. Asblock, and be now, I think, if all his party were in his contells you, That because he would engage all dition, and made to smart for the lavishness people into an hatred of the duke's person, he of their tongues, I think it were a good acmost as a thing of the greatest consequence complishment of his prophecy, and if we in order to it, make it be believed that the duke were rid of them, we should be more at peace. had a great hand and concern in the dismal fire And we may without offence hope to see that of London in 1666, that thereby he might sooner, than what the defendant says he hoped make him obnoxious to the rancour and ma- to see. lice of all that suffered in that dreadful cala- The next is sir William Jennings, who tells mity. And with wbat handsome expression be you of a passage at the parliament at Oxford, clothes it ? • He fired the city of London, he which shews bis wonderful gospel and Chris• is the son of a whore, and we will have him tian temper, when a company of gentlemen
hanged or sent out of England for it, when were met together to drink a glass of wine, • ever a parliament meets.'
and were wishing health and long life to his So that here is not only a personal reflection, sacred majesty, his royal highness, and the and malicious indignity done to his royal royal family, he would not be contented to rehighness, but carries in it a great reflection fuse the glass, but to shew how wonderful a upon bis sacred majesty himself in his relations ; Christian spirit he was of, and to evidence his and he is not contented only to belch out his true Protestant charity (and by his carriage venom and malice against those that are alive, who was one of the heads of the faction, we but even against those that are dead too. For may guess at the temper of all the party) he you see it is a most foul imputation and slander cries out, He has ruined the nation, and if against her late majesty the queen, mother to there be any liotter place in hell than other, I our sovereign and his brother, by calling him bope the devil will preserve it for him. the son of a whore; which is an expression I presume bis great conversation with him of that impudent and insolent nature, as is not he spoke of, hath given him some intelligence fit to be mentioned in a civil government. there is in hell soine hotter places than others,
These things I think myself obliged to take and who they are reserved for. But, gentlenotice of for example's sake, and to induce all men, I speak not this that I think any thing people to consider to what a height of corrup- that is thus proved by-the-by doth in the least tion we were grown, when such scoundrel fel- aggravate the damages, for the words in the lows as this dare to take such base words into declaration are as bad as bad can be; but to his mouth, of the royal family.
let you see the disposition of this man that has Then comes captain Cressett, and he gives been so much admired and courted. you an account, That when his royal bighness Atter bim comes Mr. Warcup, wlo tells you, and the dutchess were going last to Scotland, he was not in the room with Oates when the as the captain returned from the duke's lodg- last words were spoken ; but coming in imings, he met with the defendant, who fell upon mediately after, they all told him the same bim, What, you have been with James ?" It words, and he afterwards meeting with Oates, seems he was one of his intimate acquaintance, and reproving him for his indecent behaviour and very familiar he was with bis name. In- and expression, instead of any remorse or condeed a man would have thought, if in case he cern that he had upon him, hy reason of bis had spoke as one man ought to speak of ano. having spoken such words, he doth still add to ther, that he had been speakingof one of his it, The duke of York is a traitor, he is in the myrmidons, and it would have been a very plot; and because you take his part you are bard matter to have known who else he meant a Yorkist, and we will be even with you for by that familiar appellation. Says the captain, it at one time or another.' So he threatens What James? Why York. And he was very him only for asking him why he behaved himkind that he gave him that addition to let him self in such an indecent manner towards his know what James he meant; but when the royal highness. captain chid him, and told him, "Sure you The last witness, Mr. Chapman, is produced "might either say the duke of York, orbis to shew what mind he continues in. After all royal highness ;' then immediately, instead of this is past, and a body would have thought he that, he dies out, · He is a Papist, he is a might by this time have been brought to some ' traitor, and I hope to live to see him hanged, consideration and submission to authority ; yet VOL. X,