what damages the plaintiff had sustained thereby, and upon a motion made at the court of King's-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 at the Elephant and Castle, in Cornhill, was tried before the Lord Chief Justice Jefferys, upon an information for printing and publishing a scandalous libel called The Raree Shew, of which he was found guilty. June 18th. Some time since the duke of York brought his action of Scandalum Magnatum against Dr. Oates, upon which he was arrested and committed for want of bail; he thought it not fit to stand a trial, so let judg ment pass by default, upon which a Writ of Enquiry of damages was moved for, and ordered to be at the King's-bench bar this day; which accordingly came on, and a jury was sworn, the sheriffs of Middlesex attending: the words were proved very fully, being very scandalous, with several other malicious words of his spoken of his Royal Highness; so that the jury assessed damages to 100,000l. and 20s. costs of suit. The words were spoken two or three years ago; and the defendant made no defence at all, nor did any one appear for him. "One Hindmarsh, a bookseller, convicted of printing and publishing a blasphemous libel, entitled, The Presbyterian's Pater Noster, was sentenced to pay the fine of 201. "Francis Smith, convicted lately of printing and publishing that libel, called, The RareeShew, was brought the 18th to the King'sbench bar, and sentenced to pay a fine of 500l. to stand in the pillory at the Palace-yard, at Westminster, at the Temple, and at the Royal Exchange, and the libel to be burnt by the common hangman, and to have a paper set on him signifying his crime; to find sureties for his good behaviour for life, and be committed till all this be done. "Nov. 3d, 1684. Robert Nicholson and Wm. Dalby, two of Oates's men, pleaded Not Guilty to informations for speaking scandalous and seditious words of the King, the Duke, and the Government. 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, kt. and Samuel Dashwood, esq. the then sheriffs of the county of Middlesex, came into this court, and being testifying the words to be spoken in Dorsetshire, he was acquitted. 15th. Nathaniel Thompson, the popish printer, was brought to the court of King'sbench, and pleaded Not Guilty to an indictment for printing and publishing a scandalous popish libel, entitled, The Prodigal Son returned home; which denies the king's supremacy in ecclesiastical affairs. "20th. Elias Best, convicted some time since for drinking a health to the memory of pious Stephen Colledge, was brought to the court of King's-bench, and sentenced to pay 1,000/. fine, to stand in the pillory at Westminster, at the Exchange, and at Guildhall, for the space of an hour; be bound to his good behaviour for life, and be committed till this is done. "26th. Nathaniel Thompson was tried there for printing and publishing a scandalous popish libel, called, The Prodigal returned home, and thereof found guilty. "28th. Mr. Butler, of Northamptonshire, convicted the last assizes, for presenting and reading the Address of the Freeholders of that county to the Knights of the Shire for the last Parliament, was brought to the court of King'sbench to receive the judgment of the court, which was to pay a fine of 500 marks, to find sureties for his good behaviour for life, and be committed till this is done. “Jan. 23d, 1684-5. Being the first day of term, several persons appeared at the court of King's-bench, being bound thereto, and had their appearances recorded. Then also, Miles Fleetwood and sir Thomas Samwell pleaded Not Guilty, for publishing, printing, and making a libel called, An Address to the Knights of the Shire for the County of Northampton. "23d. Mr. Henry Baker pleaded Not Guilty to an information for scandalous words about the duke of York; as also one Norden did to an indictment for publishing the scandalous libel in vindication of the lord of Essex. "Nov. 12th. One Harris, an attorney, of 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 stand in the pillory at Read-flecting words on the duke of York. ing, Abingdon, Newbury, and Windsor. The same day also, Julian, secretary to the convicted for publishing many scandalous libels, was sentenced to pay 100 marks fine, to stand in the pillory at Westminster, at Charing-cross, and at Bow-street, aud to be bound to his good behaviour during life. "13th, was a trial at the King's-bench bar against Mr. Edw. Noseworthy, for seditious words, in saying, He hoped to live to see the judges hanged that tried Fitzharris. This was laid to be done in Wiltshire, but the witnesses "Feb. 11. The same day Dalby and Nicholson, Oates's two men, convicted for speaking seditious and scandalous words against bis late majesty and the present king, were sentenced each to pay 10l. fine, find sureties for life, and stand in the pillory in all the remarkable parts of the town. "Nov. 16, 1686. The court passed judgment on the attorney, Mr. Edward Whitaker, being convicted of speaking words against king Charles the First; he was adjudged to pay. when taken, 100 marks fine, and be imprisoned till paid." placed at the table at the judges feet, were, during the execution of the writ, covered. Mr. Thomas Rous the then Under-Sheriff managed it, and proceeded in this manner. Under-Sheriff. Crier, call sir Charles Lee. Crier. Vous avez sir Charles Lee. [Who was sworn thus.] hold, justices of the one or the other bench, nor of other great officers of the kingdom aforesaid, any false news, lies, or any such false things, whereby scandal or discord with' in the said kingdom might arise ;' and whosoever should do this, should incur and have the penalty otherwise thereon ordained by the statute of Westminster the first, as in the statute aforesaid is more fully contained. And Under-Sheriff. You shall well and truly enquire of damages, between the most illustrious 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 true verdict give according to your evidence. So help you God. The rest were sworn thus. Under Sheriff. 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. Under-Sheriff. Thomas Harriot, 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? L. C. J. (Sir George Jefferies.) How many do you use to have? Pray swear an odd number as you used to do. Under-Sheriff. Then I will swear three more, and that will be just fifteen. 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 within this kingdom of England, for the carriage of letters, before were erected and yet are established upon the said most illustrious prince James duke of York and Albany. The aforesaid Titus Oates the statute aforesaid not considering, but the good name, state, credit, dignity and honour of the said James duke of York and Albany, our brother, devising and maliciously intending to hurt and detract, and him the said James duke of York and Albany, our brother, into the great displeasure and hatred of us, and of the peers of this kingdom of England, and also divers other venerable persons our subjects, to bring, out of his meer malice and envy had and forethought, the aforesaid 4th day of December, in the year of our reign the 35th, at the parish of St. Martin in the fields in the county of Middlesex aforesaid, upon a certain discourse then had and moved by and between the aforesaid Titus Oates and divers 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 hand of the aforesaid Titus Oates at that time being, divers false Francis Stevens, Nicholas Baxter, and John Kirk. The same oath, &c. The names of them that were upon the Inquiry: sir Charles Lee, knight, sir William Hill, knight, sir Richard Downton, kt. sir John Berry, kt. Thomas Harriot, Thomas Row, Walter Bry-news and horrible lies of the aforesaid James dall, Edward Guise, Thomas Done, William Wood, John Sharp, Nehemiah Arnold, Francis Stevens, Nicholas Baxter, esquires, John Kirk, gent. duke of York and Albany, our brother at that time, and yet being of the peers and nobles of this kingdom, in the presence and hearing of divers venerable persons, publicly, falsly, maliGentlemen, you are sworn, with a loud voice published in these English ciously and scandalousty said and related; and Under-Sheriff. hear the king's writ. L. C. J. Ay, read it to them. 6 6 words following, viz. This letter' (the letter aforesaid, so in the hands of the aforesaid TiUnder-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 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 without our writ impleaded Titus Oates, then in the custody of the marshal of car Marshalsea, before us being, for that whereas in a statute made in the parliament of Richard 2, late king of England after the conquest, held at 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 house VOL. X. pence, and might have been brought for a penny, I (himself the aforesaid Titus Oates meaning) know nobody is the better for it, but that traitor James duke of York' (the aforesaid James duke of York and Albany our only brother meaning.) And the aforesaid Titus further devising and malici ously intending the aforesaid James duke of York and Albany, our brother, into the hatred of us, and the peers of this kingdom of England, and also of divers other venerable persons, and our subjects to bring; out of his meer malice and envy, had and forethought, the 4th day of December, the year abovesaid, at the parish of St. Martin in the fields aforesaid, in the county of Middlesex aforesaid, upon a certain other discourse then had and moved by and between the aforesaid Titus Oates and several of our liege people of and concerning the K aforesaid James duke of York and Albany our only brother, meaning) is a traitor. And the aforesaid Titus Oates further contriving, and maliciously intending the said James duke of York 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 subjects, to bring, out of his meer malice and envy, had and forethought the aforesaid 6th day of December the year abovesaid, at the parish of St. Martin in the fields, in the county of Middlesex aforesaid, upon certain other discourse at that time had and moved by and between the aforesaid Titus Oates 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 lies of the aforesaid James duke of York and Albany, our only brother, and at that time and yet being one of the nobles and peers of this kingdom of England, in the presence and hearing of divers venerable persons, publicly, 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 reputation, honour and dignity is very much hurt and scandalized. And the said James duke of York 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 rumours 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 divers nobles and great men, and other subjects of this kingdom of England, are arisen; and daily more and more in the like may arise, to the great disturbance of the peace and public tranquillity of this kingdom of England, and in eontempt of us and our government of thingdom of England, and to the great scanda 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 brother, 100,000l.: As he then said, and thereupon in our court before us it was so proceeded, that the aforesaid James duke of York and Albany, our only brother, his damages against the said Titus Oates by occasion of the premises 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 sustained, as well by occasion of the premises, as for his costs and charges by him about his suit in this behalf expended. Therefore we command you that by the oaths of good and lawful men of your bailiwick, you diligently enquire what damages the aforesaid James duke of York and Albany hath sustained, as well by occasion of the premises, as for his costs and charges by him about his suit in this behalf, expended, and the inquisition which thereupon you shall take, you shall have before us at Westminster 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 sir George Jefferies, Knight and Baronet, at Westminster the thirtieth day of May, in the year of our reign the thirty-sixth. "Ri. Swift. HENLEY." You are to enquire what damage his royal highness the plaintiff has sustained, by means of the premises; as also, what costs he has been at in this suit. Mr. Hanses. May it please your lordship, you Mr. Sheriffs, and gentlemen of the jury, his royal highness the duke of York is plaintiff, and Titus Oates 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 only 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, publicly, 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 de. fendant) nine pence and might have been brought for a penny; I (meaning the defendant) know nobody is the better for it, but that traitor James duke of York;' mean ́ing the plaintiff. Gentlemen, this is not all, the Declaration goes on further, and says, that the defendant intending further to scandalize the plaintiff, the 6th of December in the 35th 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 persons, said these words of the plaintiff: The duke of York' (meaning the plaintiff) is a 'traitor :' and this is laid to the plaintiff's damage of 100,000l. the defendant has not pleaded, and the plaintiff has signed his judgment; and now you, gentlemen, are to enquire of the damages. 3 Att. Gen. (Sir Robert Sawyer.) 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 aggravation of them, they are words of the highest nature, in respect of slander and scandal, that can be spoken or thought of, accusing him of treason. We shall only call you some witnesses to prove this way of discourse to be his constant habit in all places, and among all persons and company, inveighing against the government, and particularly against his royal highness the plaintiff; and then you will, I know, give such damages as may be fit to repair the plaintiff's honour. Sol. Gen. (Mr. Finch) 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 nothing to be said for their aggravation at all. Swear Mr. James Smith. give to the sheriffs and the jury, sworn about Under-Sheriff: The evidence that you shall the matter in question, shall be the truth, the whole truth, and nothing but the truth. Sol. Gen. Mr. Smith, pray will you tell the court and the jury, what you have heard the defendant Oates say of his royal highness. Smith. At the last Westminster parliament, as I was sitting in a coffee-house, I saw Mr. Oates, 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 nobody 'that is the better for it but a traitor,' to the best of my remembrance he said, the duke of York." Att. Gen. Swear Mr. Penniston Whaley. [Which was done.] What words did you hear Mr. Oates say of his royal highness? Whaley. The time was either the Easter or Whitsuntide after sir Thomas Gascoigne's trial. Sol. Gen. What were the words you then heard him say? Whaley. It was at the bishop of Ely's table at Ely house. I had received the Sacrament at the chapel 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. Oates and I were sitting there, and some discourse happened about sir Thomas Gascoigne's Trial, and he fell very foul upon the jury, and said, They were a company of profligate villains' (or some such expressions as he was wont to use) and said, He would have them attainted.? Then said 1 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 traitor.' 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 traitor.' Then there were some other discourses happened afterwards, and I began to reply, and growing both of us pretty warm, the Doctor called to his two men, his myrmidons, that used to be always with him, and follow him up and down said I to him, Nay, Doctor, you need not call your men to your assistance, there is nobody here will hurt you: do you think the bishop of Ely's table is not a protection good enough for any body that comes here ? L. C. J. Where was this, Sir, pray do you say?-Whaley. At the bishop of Ely's table. 1. C. J. Was the bishop there, then? Whaley. He was at the table, but at a great distance from us, the Doctor and I sat at the lower end of the table. Afterwards I begged the bishop of Ely's pardon, for being so hot and loud at his table; says the bishop to me, I thank you kindly for it, none of us dare talk ' with him.' L. C. J. And this you say was at dinner after the Sacrament was over? Whaley. Yes, it was so.. Mr. North. Then swear Edw. Johnson. [Which was done.] Att. Gen. Mr. Johnson, Pray will you give the court and jury an account, what discourse you have heard from the defendant, Mr. Oates, against the plaintiff. Johnson. Upon the 23rd of August, 1680, I met Dr. Oates, and said, good-morrow Doctor, all things will go well now-- L. C. J. You mean him they call Dr. Oates, I suppose. Johnson. Yes, they used to call him so; said 1, 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 1, 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 together. Sol. Gen. Swear Randall Bowring. [Which was done.] What have you heard Mr. Oates say of the duke of York? Bowring. About the middle of October 1679, there were several persons at dinner with the Doctor. L. C. J. What Doctor, prithee? L. C. J. Mr. Oates we know very well, but we do not so well know who this Doctor is. Bowring. They used to call him Doctor, or I should not have taken upon me to give him the title. L. C. J. Well, go on: there were several persons at dinner with him, and what then? Bowring. There happened some discourse concerning his royal highness. L. C. J. Where was this? Bowring. 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 yourself about that, for 'he shall be hanged before that time.' Alt. Gen. What have you heard him say any where else; at Foster-Lane, or any other place? Bowring. After the sermon he had preached there at Foster-Lane church, the church-war dens, and some of the parish, invited him into the vestry to drink a glass of wine. L. C. J. What? He made as if he would preach there? Bowring. 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 none of them answering 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 brasier's by LondonWall. 6 L. C. J. An excellent gospel-preacher upoa my word. Att. Gen. What brasier was that? name. Att. Gen. Where did he live? Bowring. By London-Wall. Sol. Gen. Then swear Mr. Fairfax. [Which was done.] Pray, Sir, tell my lord and the jury what words you heard this man speak of his royal highness. Fairfax. May it please your lordship, in August 1679, I happened to come into the company of Oates the defendant, upon the account of an election that was to be of parlia ment-men for Grinstead in Sussex, by the means of one Auckland; Oates 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 lord 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 Oates was the main prosecutor of it. He was used often to come up to me, and speak to me when be met me; and I was about that time walking in the court that was built up here for the trial of the lords in the Tower; it was after that grand jury were dismissed, which was done a day or two before they used to be dismissed in the ordinary course, and walking there I met Oates, and said I to him, Doctor, now you are nonsuited, what will you do now? Oh, says be, We will do well enough; there will be a ses'sions after the term, and there we will at him again; and we will have no more regard for him, than if he were scavenger of Kent'street.' And upon that he was called away、 from me, and he went away. Sol. Gen. Swear Mr. Philips. [Which was done.] Att. Gen. Come, Mr. Philips, will you acquaint my lord and the jury, what you have heard Oates say of the duke of York? Philips. In or about January (1678) may it please your lordship, I was in the company of one Deacon, at Oates's lodgings at Whitehall, where Mr. Oates said, He hoped to see your or our master James' (meaning the duke of |