Selected quad for the lemma: lord_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 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 Mr. Sol. Gen. Swear Randall Bowring which was done What have you heard Mr. Otes say of the Duke of YORK Mr. Bowring About the middle of October 1679. there were several persons at Dinner with the Doctor Lord Chief Justice What Doctor prithee Mr. Bowring Mr. Otes Lord Chief Justice Mr. Otes we know very well but we do not so well know who this Doctor is Mr. Bowring They used to call him Doctor or I should not have taken upon me to give him the Title Lord Chief Justice Well go on There were several persons at Dinner with him and what then Mr. Bowring There happened some discourse concerning his Royal Highness Lord Chief Justice Where was this Mr. 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 your self about that for he shall be hanged before that time Mr. Att. Gen. What have you heard him say any where else at Foster-lane or any other place Mr. Bowring After the Sermon he had preached there at Foster-lane Church the Church-wardens and some of the Parish invited him into the Vestry to drink a Glass of Wine Lord Chief Justice What he made as if he would preach there Mr. 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 they none of them answering a 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 Brasiers by London-wall Lord Chief Justice An excellent Gospel-Preacher upon my word Mr. Att. Gen. What Brasier was that Mr. Bowring Truly I do not well know his Name Mr. Att. Gen. Where did he live Mr. Bowring By London-wall Mr. Sol. Gen. Then swear Mr. Fairfax Which was done Pray Sir tell my Lord and the Jury what Words you have heard this Man speak of his ROYAL HIGHNESS Mr. Fairfax May it please your Lordship in August 1679. I happened to come into the Company of Otes the Defendant upon the account of an Election that was to be of Parliament-men for Grinstead in Sussex by the means of one Aukland Otes 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 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 Otes was the main Prosecutor of it He was used often to come up to me and speak to me when he met me and I was about that time walking in the Court that was built up here for the Tryal 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 dismist in the ordinary course and walking there I met Otes and said I to him Doctor Now you are Non-suited what will you do now Oh says he we will do well enough there will be a Sessions after the Term and there we will at him again and we will have no more regard for him than if he were a Scavenger of Kent-street And upon that he was called away from me and he went away Mr. Sol. Gen. Swear Mr. Philips Which was done Mr. Att. Gen. Come Mr. Philips will you acquaint my Lord and the Jury what you have heard Otes say of the Duke of YORK Mr. Philips In or about January 78. may it please your Lordship I was in the company of one Deacon at Otes's Lodgings at Whitehall where Mr. Otes said He hoped to see your or our Master JAMES meaning the Duke of 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 Lord Chief Justice Pray what was the occasion of this Discourse Mr. Philips Truly it was a Discourse of his own he ran it on we talked but little to him Lord Chief Justice Who did he apply himself to in that Discourse Mr. Philips To us two Mr. Deacon and I. Lord Chief Justice How came he to mention your Master JAMES had you any relation to the Service of his Royal Highness Mr. 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 Lord Chief Justice But do you think he intended his Royal Highness when he named your Master JAMES Mr. Philips I could not imagine he did mean any Body else Mr. Att. Gen. Then swear William Ashlock Which was done Pray will you acquaint my Lord and the Jury what words you have heard him speak of his ROYAL HIGHNESS Mr. Ashlock May it please your Lordship in Easter Term 1682. Dr. Otes Mr. Att. Gen. Mr. Otes you mean Mr. Ashlock Mr. Otes 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 hang'd 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 hand in it and the Forces at Black-Heath were to have plunder'd 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 Capt. Clare and some others that used