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A25448 The Account of the manner of executing a writ of inquiry of damages between His Royal Highness James Duke of York &c. and Titus O[a]tes which was executed at the bar of the Court of Kings Bench at Westminster on Wednesday the 19th of June, 1684 in the presence of the high sheriff of Middlesex. 1684 (1684) Wing A320; ESTC R34141 20,410 34

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I Do appoint Benjamin Tooke to Print these Proceedings and Order that no other Person presume to Print the same Geo. Jefferys THE ACCOUNT Of the manner of EXECUTING A Writ of Inquiry OF DAMAGES BETWEEN HIS ROYAL HIGHNESS JAMES Duke of York c. AND TITVS OTES Which was executed at the Bar of the Court of KINGS BENCH at WESTMINSTER on Wednesday the 19th of June 1684. in the presence of the High Sheriff of Middlesex LONDON Printed for Benj. Tooke at the Ship in S. Paul's Church Yard 1684. THE ACCOUNT Of the manner of EXECUTING A Writ of Inquiry OF DAMAGES BETWEEN HIS ROYAL HIGHNESS JAMES Duke of York c. AND TITVS OTES Die Mercurii 18. Junii An. Dom. 1684. B. R. Dux Ebor. versus Otes HIS Royal Highness the Duke of York having brought an Action against Titus Otes grounded upon the Statute de Scandalis Magnatum for very Slanderous and Opprobrious Words the Defendant suffered Judgment to go against him by default and thereupon a Writ of Inquiry was taken out directed to the Sheriff of the County of Middlesex to enquire by a Jury of that County what Damages the Plaintiff had susteined hereby and upon a Motion made at the Court of Kings Bench a day was given to the Defendant to shew cause why that Writ of Inquiry should not be executed at the Bar of that Court which he not doing it was ordered that it should be executed at the Bar on this day and that the High Sheriff should appear and attend the execution of the Writ in person Accordingly this day Sir Peter Daniel Knight and Samuel Dashwood Esquire the present Sheriff of the County of Middlesex came into this Court and being placed at the Table at the Judges feet were during the Execution of the Writ covered Mr. Tho. Rous the present Undersheriff managed it and proceeded in this manner Mr. Undersheriff Cryer call Sr. Charles Lee. Cryer Vous avez Sr. Charles Lee. Who was sworn thus Mr. Undersheriff You shall well and truly enquire of Damages between the most illustrious Prince JAMES Duke of York and Albany Plaintiff and Titus Otes Defendant and therein a true Verdict give according to your Evidence So help you God The rest were sworn thus Mr. Undersheriff 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 Mr. Undersheriff Thomas Harriott Thomas Row and Walter Brydall the same Oath c. Edward Guise Thomas Done and William Wood the same Oath c John Sharp and Nehemiah Arnold the same Oath c. Will you please to have any more than twelve sworn L. C. J. How many do you use to have Pray swear an odd Number as you used to do Mr. Undersheriff Then I will swear three more and that will be just fifteen Francis Stephens Nicolas Bagster 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 Knight Sir John Berry Knight Thomas Harryot Esquire Thomas Rowe Esquire Walter Brydal Esquire Edward Guise Esquire Thomas Done Esquire William Wood Esquire John Sharpe Esquire Nehemiah Arnold Esquire Francis Stevens Esquire Nicolas Baxter Esquire John Kirke Gentleman Mr. Undersheriff Gentlemen you that are sworn hear the Kings Writ L. C. J. Ay road it to them Mr. Undersheriff CHARLES the Second by the Grace of God of England Scotland France and Ireland 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 Otes then in the Custody of the Marshal of our Marshalsea before us being For that whereas in a Statute made in the Parliament of Richard the Second 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 Houshold Justices of the one or of the other Bench nor of other great Officers of the Kingdom aforesaid any false News Lyes or any such false things whereby Scandal or Discord within the said Kingdom might arise and 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 whereas the fourth day of December in the Five and Thirtieth Year of our Reign and long before the yearly Rents Issues and Profits arising or due and payable for or by reason of the General Post Office within this Kingdom of Emgland for the carriage of Letters before were erected and yet are established upon the said most Ilustrious Prince JAMES Duke of York and Albany The aforesaid Titus Otes the Statute 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 malitiously 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 his meer Malice and Envy had and forethought the aforesaid fourth day of December in the Year of our Reign the five and Thirtieth at the Parish of S. Martin in the Fields in the County of Middlesex aforesaid upon a certain discourse then had aed moved by and between the aforesaid Titus Otes and divers of our Leige People of and concerning the aforesaid JAMES Duke of York and Albany our Brother and of and concerning a certain Letter in the hand of the aforesaid Titus Otes at that time being divers false News and horrible Lyes of the aforesaid JAMES Duke of York and Albany our Brother at that time and yet being of the Peers and Nobles of this Kingdom in the presence and hearing of divers venerable Persons publickly falsly maliciously and scandalously said and related and with a loud voice published in these English words following viz. This Letter the Letter aforesaid so in the hands of the afore-said Titus Otes as is beforesaid being meaning cost me the said Titus Otes meaning ninepence and might have been brought for a peny I himself the aforesaid Titus Otes meaning know no body is the better for it but that Traitor JAMES Duke of York the aforesaid JAMES Duke of York and Albany our only Brother meaning And the aforesaid Titus further devising and maliciously intending the