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cause_n know_v speak_v word_n 2,857 5 3.9757 3 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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out and desired to know what he intended to do whether he would plead or no. Otes 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 if ever a Parliament sit I do not question but to have some Body else in my place Mr. Swift asked him to explain himself who he meant says he Do you come to Trapan me and away he went Mr. Att. Gen. My Lord we have now done if the Jury please to consider of it Lord Chief Justice Is there any Body here for Mr. Otes to offer any thing to lessen the Damages To which No Body answered Then Gentlemen of the Jury your Business now is to enquire what Damages you think fit to assess to his ROYAL HIIGHNESS 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 Now Gentlemen though the acknowledgment of this Judgment for so it is in effect it being by Default be a sufficient Confession of the Words being spoken as they are laid in the Declaration yet they have given you Proof of the very Words 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 Majestie 's only Brother and that Oates the Defendant knowing him to be so to bring him under Reproach 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 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 no Body 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 no Body is the better for it but that Traitor JAMES Duke of YORK which are words of the same Sound and to the same purpose with the former they differ only in some minute Circumstances a word or so but import the same thing 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. But the Occasion is extraordinary such as has not happened before this Age this Corrupt Age this Profligate Age wherein we live and wherein common ordinary Fellows the meer Scum and Scoundrels of the Factious Party have taken a Liberty to reproach and calumniate Magistracy and Government and the greatest Personages concerned in it not sparing even Majesty it self nor Him who is next in Degree to His Sacred Person His onely Dear and Royal Brother And therefore as the Case is extraordinary in its Nature so ought the Example of it to be made as Publick as can be in order to satisfie 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 Government Such as he ought to be made Publick Examples of and therefore the King's Counsel have desired that this Cause might be canvased here at the Bar and the Defendant as he has made himself Eminent for some particular Qualifications might be made a Publick 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 satisfie 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 attended with all the most Unchristian and Uncharitable as well as Disloyal and Disobedient Circumstances that any thing can be with design to Traduce and Disparage a Subject so 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 Vain-glorious huffing sort of manner takes occasion though none was offer'd 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 gratifie 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 no Body is the better for it but that Traitor JAMES Duke of YORK So you see Gentlemen he takes hold of every little Occasion if he can but happen upon an Opportunity such as this was in an open Coffee-House to reek his Malice upon His Royal Highness And sure there can be no greater imputation of Scandal brought upon any Man than this upon the Plaintiff That the first and greatest Subject of the King of England's should be taxed with the greatest Crime in the Law Disloyalty and Treason to his Soveraign And so at once not only chargeth him with being Perfidious to his only Brother against that Affection which by Nature he is