Selected quad for the lemma: cause_n
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A25448
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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.
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1684
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Wing A320; ESTC R34141
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20,410
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34
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to keep him Company and Mr. Otes step'd 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 Parliament to their mind they would soon send the Duke and all his Gang out of England for he must never expect to succeed to the Crown Mr. Sol. Gen. Pray who did he say was to head the Forces at Black-Heath that you talk of were to plunder the City Mr. Ashlock The Duke of YORK and London was fired by his Order and this he would prove if they could but get a Parliament to their mind And he said They should take away the Post-Office from the Duke of YORK and give it to the Duke of Monmouth Mr. Sol. Gen. Then call Capt. Cresset and swear him Which was done Mr. Att. Gen. Capt. Cresset Pray do you remember what Discourse you had with Otes when the Duke went into Flanders what he said of his Royal Highness Capt. Cresset It was the last time the Duke went into Scotland with her Royal Highness I think it was in October 1680. I was commanded over Night to wait at the Duke's Lodgings till a Paper should be delivered me by my Lord Rochester I stay'd there till Twelve a Clock at Night and not seeing my Lord come out I went away and came early the 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. Otes 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 Traytor 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 Mr. Sol. Gen. Call Sir William Jennings Mr. Att. Gen. Truly my Lord I think we need call no more though we have multitudes of them it is his daily Discourse Lord Chief Justice 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 Mr. Att. Gen. The Defendant my Lord has been a person pretty much talk'd of too Lord Chief Justice Yes truly it is done with regard to him too for he has been an eminent Man in his Way Mr. Sol. Gen. Then swear Sir William Jennings Which was done Mr. Att. Gen. Now Sir William Jennings speak out you hear the Question What have you heard Otes say of the Duke of YORK Sir William Jennings My Lord at the time of the Sitting of the Parliament at Oxford I was in a Tavern there with Mr. Cranfeild one of the King's Gentlemen-Ushers who seeing Mr. Otes 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 and some Body in that Company named JAMES Duke of YORK and the KING's Health being drunk at our Table Mr. Cranfeild began a Health to the DUKE Says Mr. Otes 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. Cranfeild and him upon it and the KING was told of it presently Mr. Att. Gen. Swear Justice Warcup Which was done Pray tell what you know of this Man 's discoursing concerning the Duke Mr. Warcup My Lord I went into the Company 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. Otes had said there Lord Chief Justice Mr. Otes Titus Otes 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 some Body began a Health to his Royal Highness the Duke of YORK this Health went round and Otes was it seems in the next Room and heard this Health I suppose when I came into Sir William Jennings Company Otes was gone the Company there told me what Otes had said as Sir William Jennings has declared they all agreed those to be the words That he had ruined or betray'd the Nation and if the Devil had a hotter place in Hell than other he hoped he would bestow it upon him I met Otes afterwards and asked him why he would speak such irreverent words of the DUKE His Answer was He was a Traytor and was in the Plot and he told me I was a Yorkist and he would remember me for it Mr. Att. Gen. Did not that afright you Mr. Warcup to have him threaten you so Mr. Warcup I had then an Impeachment against me and truly I think I might well be afraid Lord Chief Justice 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 Traytor and in the Plot and you are a Yorkist and I will remember you for it Mr. Sol. Gen. We shall only call one more to shew in what mind he continues to be even since this Action brought Swear Mr. Charles Chapman Which was done Pray Sir Tell what you know Mr. 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. Otes and he desired me to go along with him I did so and when we came to him Mr. Swift told Otes the Rules were
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