for he must never expect to succeed to the crown.' · 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.' L. C. J. Pray what was the occasion of this discourse? Philips. Truly, it was a discourse of his own; he ran it on, we talked but little to him. L. C. J. Who did he apply himself to in that discourse? Philips. To us two, Mr. Deacon and I. L. C. J. How came he to mention your master James, had you any relation to the service of his royal highness? Philips. 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. Philips. I could not imagine he did mean any body else. Att. Gen. Then swear William Ashlock. [Which was done.] Pray will you acquaint iny lord and the jury, what words you have heard him speak of his royal highness. Ashlock. May it please your lordship, in Easter-Term 1682, Dr. Oates Att. Gen. Mr. Oates, you mean. Att. Gen. Capt. Cressett, Pray do you remember what discourse you had with Oates, when the duke went into Flanders, what he said of his royal highness? Capt. Cressett. It was the last time the duke went into Scotland with her royal highness, 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 Rochester; I stayed there till twelve o'clock at night, and not seeing my lord come out, I went away, and came early 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. Oates 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 Traitor, 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. Ashlock. Mr. Oates 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 in a gentleman, that came newly out of Sussex, I cannot remember his name: he asked him how all friends did in Sussex, and then fell a talking about the election of sheriffs, and abusing them that were then chosen, and reflected very much upon sir John Moor, and called him rogue, and said he deserved to be hanged up as an example. And afterwards, he said, the city of London was fired by the duke of York's order, and sir Thomas Bludworth had a band in it; and the forces at Black-heath were to have plundered the city, and killed all the honest Protestant Dissenters in London: and this he would prove, if ever they had a parliament to their mind that should sit. At another time there was one Starkey, Henry Starkey, that was concerned in Colledge's business at Oxford, and one Mr. Paschall, and, I think, captain Clare, and some others that used to keep him company, and Mr. Oates stepped 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 parlia ment to their mind, they would soon send ⚫ the duke and all his gang out of England, 6. Sol. Gen. Call sir William Jennings. Att. Gen. Truly, my lord, I think we need call no more, though we have multitudes of them, it is his daily discourse. L. C. J. Call whom you will, Mr. Attorney; for though it be the last day of the term, and it is an unusual thing to have a jury at the bar on that day, and more unusual to have them to execute a Writ of Enquiry here: yet in regard of the greatness of the person that is concerned, and the extraordinary nature of the cause, we have ordered it thus, that all the world may see how his royal highness has been abused and scandalized by this person. Att. Gen. The defendant, my lord, has been a person pretty much talked of too. L. C. J. Yes, truly, it is done with regard to him too; for he has been an eminent man 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 out, you hear the question, What have you heard Oates say of the duke of York? Sir W. Jennings. My lord, at the time of the sitting of the parliament at Oxford, I was in a tavern there with Mr. Cranfield, one of the king's gentlemen-ushers, who seeing Mr. Oates 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 company beyond that curtain, somebody in that company named James Duke of York, and the King's health being drank at our table, Mr. Cranfield began a health to the duke: says Mr. Oates, 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.' Several words past between Mr. Cranfield and him upon it, and the king was told of it presently. Att. Gen. Swear Justice Warcup, [Which was done.] Pray tell what you know of this man's discoursing concerning the duke. 6 it.' Sol. Gen. We shall only call one more, to shew in what mind he continues to be, ever since this action was brought. Swear Mr. Charles Chapman. [Which was done.] Pray Sir, tell what you know. Chapman. 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. Oates, and he desired me to go along with him, I did so; and when we came to him, Mr. Swift told Oates the rules were out, and desired to know what he intended to do, whether he would plead or no. Oates 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 it ever parliament sit, I do not question but to have somebody ' else in my place.' Mr. Swift asked him to explain himself who he meant, says he, Do you come to trepan me?' And away he went. 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 spoke last of, and being desired to drink a glass of wine with them, I did so, and they told me what Dr. Oates had said there. L. C. J. Is there any body here for Mr. Oates, to offer any thingto lessen the damages? [To which nobody answered.] Then, Gentlemen of the Jury, your business now is to enquire what damages you think fit to assess to his royal highness, by reason of the speaking of the words mentioned in the declaration, there being in this action judgment by default obtained by his royal highness; and you have nothing now to do, but only to assess to the plaintiff such damages as you shall think fit. L. C. J. Mr. Oates, Titus Oates you mean? Mr. Warcup. Yes, my lord, the room had a partition by a hanging or curtain, and I was first in the other company beyond the partition, and there somebody began a health to his royal highness the duke of York, this health went round, and Oates was, it seems in the next room and heard this health I suppose: when I came 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.' I met Oates afterwards, and asked him why he would speak such irreverent words of the Duke? His answer was, He was a traitor, and was in the plot ;' and he told me, I was ' a Yorkist, and he would remember me for it.' Att. Gen. Did not that affright you, Warcup, to have him threaten you so? The Declaration is in an action grounded upon the statute De Scandalis Magnatum, taking notice that his royal highness is a great peer of this kingdom, and his majesty's only brother; and that Oates the defendant knowing him to be so, to bring him under reMr.proach 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. Mr. Warcup. I had then an impeachment against me, and truly I think I might well be afraid. L. C. J. You say, he owned the words they told you of. Mr. Warcup. 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 traitor, and in the plot; and 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 nobody 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 nobody is the better for it but that traitor James duke i tended with all the most unchristian and un' of York ;' which 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 his royal highness. As to the first words, you have the first witness Mr. Smith, and he gives you this account, he was in a coffee-house where he met the defendant Oates; and the defendant in a vainglorious huffing sort of manner takes occasion, though none was offered 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 gratify, 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 nobody is 'the better for it but that traitor James duke ' of York.' 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 damages may be fit to be given to the plaintiff by reason of these words; yet in as much as this case is a case of an extraordinary nature, weight and moment, having relation to so great a prince, his royal highness the king's only brother, requires this extraordinary solemnity, it having not been usual heretofore, that 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-house, to wreck his malice upon his wherein common ordinary fellows, the mere royal highness. And sure there can be no acum 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 be made as public as can be, in order to satisfy all people what a sort of fellow this defendant is, who has been so much adored and looked upon with an eye of admiration, courted with so wonderful an affection, and so, I had almost said, Hosanna'd among people that have been factious and tumultuous to the goyernment. Such as he ought to be made public examples of; and therefore the king's counsel have desired that this cause might be canvassed here at the bar, and the defendant, as he has made himself eminent for some particular qualifications, might be made a public example for this offence. 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 aggravation besides themselves; and his suffering it to go by default shews they are no way to be extenuated, but are thereby acknowledged: yet, however, to satisfy all people that desire or have any inclination to be satisfied, that this prosecution is highly reasonable, nay absolutely necessary; they come here and give you an account that these in the declaration are but a small part of the scandalous and malicious words that the defendant useth concerning the plaintiff. And indeed it doth plainly appear,, that the malice of the defendant is at. against that affection which by nature he is obliged to pay him, and which all that know any thing, cannot but observe to have always been extraordinary; but also touches that which is much dearer to him than his life, bis honour, by charging him with the foulest of crimes, treason and breach of his allegiance, which as a subject he owes to his sovereign. And thus besides the defendant's confession by this judgment you have the very words proved that are in the declaration. 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 public festival either of Easter or Whitsuntide, (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 chapel 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 remembered that he ought, according to the Protestant doctrine, to have left behind him, at his approach to the altar, all malice and rancour, and ill will and hatred to every body: But you see what kind of deportment his was. For after such time as he had been at the sacrament, he takes occasion without any provocation to fall foul immediately upon his royal highness, giving him the name of a profligate wretch,' and then particularly be 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 only brother, so traduced and vilified, reproved him for it; but so far was he from taking the correction due to his extrava gant tongue in a becoming manner, that he presently (as the gentleman phraseth it) calls for his myrmidons, two fellows that he had along with him, to come to him; upon which the gentleman was pleased to say to him, Nay, good Mr. Oates, you need not be in so * very much fear of yourself as to call for your ⚫men, nobody 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 impudent to speak such words. 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 sacrament, that very morning to come and belch out such extravagant words of calumny and reproach. And it seems this person had obtained to make such a wonderful figure in the world, that every body was afraid to speak to him; for you hear what the witness says when he came to beg the bishop of 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 dared to speak to him.' Such a considerable man hath he been, that he might rail against the king, and the duke, and the government without controul. He was got into such a post that nobody 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 doctor sheweth what a wonderful kindness and affection he has for the duke, and what thoughts he has of his great deserts. Mr. Bowring is the next witness, and he comes and tells you, that the doctor 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 ugh 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 obedience and submission to authority; but respect to superiors, and charity among all subjects towards one apother; and if he did preach it, it was worse in him not to practise it. But you see after he had performed his painful laborious preachment, after he had taken such a wonderful deal of pains, as no doubt he did in instructing his auditors, what his language is in answer to a civil invitation to dinner by the church wardens: Have any of you dined with York at the city feasts ? And they not answering; but being silently amazed at the impertinent impudence of the question, why truly he would not dine with those that had dined with the devil.' It seems his royal highness had been pleased to honour 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 drank with the devil; but immediately the doctor, in his great zeal and wonderful concern for the protestant religion, broke up from the company, would neither eat nor drink with them, but chose rather to dine at a private brasier's by London-wall; a properer place in good truth for him, than any such conversation they offered 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 non-suited? 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 honourable 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 beg garly 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 reflections 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 Commons to come to their bar. But he had a mind to take off his very privilege of peerage, and it would be no lessening of his greatness, since that House had in it many members better men than the duke himself. I presume he meant some particular friends of bis own in that House. 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 indecent behaviour, and told him, it would turn to his prejudice at last. And truly now, I think, if all his party were in his condition, and made to smart for the lavishness of their tongues, I think it were a good accomplishment of his prophecy, and if we were rid of them, we should be more at peace. And we may without offence hope to see that sooner, than what the defendant says he hoped to see. 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 consequence in order to it, make it be believed, that the duke had a great hand and concern in the dismal fire of London in 1666, that thereby he might make him obnoxious to the rancour and malice of all that suffered in that dreadful calamity. And with what handsome expression he clothes it? He 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, when-were met together to drink a glass of wine, evera parliament meets.' 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 company of gentlemen 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 hotter place in hell than other, I our sovereign and his brother, by calling him hope the devil will preserve it for him.' the son of a whore; which is an expression of that impudent and insolent nature, as is not fit to be mentioned in a civil government. These things I think myself obliged to take notice of for example's sake, and to induce all people to consider to what a height of corruption we were grown, when such scoundrel fellows as this dare to take such base words into his mouth, of the royal family. Then comes captain Cressett, and he gives you an account, That when his royal highness and the dutchess were going last to Scotland, as the captain returned from the duke's lodgings, he met with the defendant, who fell upon him, What, you have been with James? It seems he was one of his intimate acquaintance, and very familiar he was with his name. Indeed a man would have thought, if in case he had spoke as one man ought to speak of another, that he had been speaking of one of his myrmidons, and it would have been a very bard matter to have known who else he meant by that familiar appellation. Says the captain, What 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 immediately, instead of that, he dies out, He is a Papist, he is a 'traitor, and I hope to live to see him hanged, VOL. X. 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 reserved for. But, gentlemen, I speak not this that I think any thing that is thus proved by-the-by doth in the least aggravate the damages, for the words in the declaration are as bad as bad can be; but to let you see the disposition of this man that has been so much admired and courted. After him comes Mr. Warcup, who tells you, he was not in the roem 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 hia for his indecent behaviour and expression, instead of any remorse or concern that he had upon him, by reason of his having spoken such words, he doth still add to it, 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 indecent manner towards his royal highness. After all The last witness, Mr. Chapman, is produced to shew what mind he continues in. this is past, and a body would have thought he might by this time have been brought to some consideration and submission to authority; yet L |