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A26774 The regall apology, or, The declaration of the Commons, Feb. 11, 1647, canvassed wherein every objection and their whole charge against His Majesty is cleared, and for the most part, retorted. Bate, George, 1608-1669. 1648 (1648) Wing B1090; ESTC R17396 65,011 98

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bore the same Name perceiving the Physicians doubtfull other directions unsuccessfull the Kings disposition impatient of many Medicines declareth to the King his owne Cure proposeth to the Physicians to Vomit him with Tobacco But the danger thereof being suggested by reason of the violence of it and the speciall Antipathy of the King against it he forbeares that remedy yet upon the urgent desire of King James himselfe procures for him the aforesaid Plaister and Drinke the one being onely London-Treacle the other no more but Posset-drink boil'd with Harts-horne and Marigold-flowers then sweetned with syrrup of Gilly-flowers which were both discover'd to the Physicians afterwards and obtain'd before not without some assistance of the Earle of Warwick After the application of this whether by the naturall course of the disease or some other cause the King grew worse indeed the Physicians take it not well these Medicines are laid aside Yet the disease not abating upon intermission of the directions the King impatient both of his disease and of his Physicians prescripts importunes again for that Remedy which he had rejected Hereupon a Bed-chamber-man is presently dispatch'd unto the Apothecary Monsieur du Plure Treacle is sent for no tearm of Specification being added he thought it fit to send the best unto his Majesty and by that means sent him Venice-Treacle which as it was better in it selfe so was it worse for the Kings disease This being brought no body there present could order it but the Countesse of Buckingham It was applied again but being hotter then the former Plaister and the Kings hot fit approaching it might somewhat aggravate his Heate whereupon he cryed out That these had done him hurt and were the cause of his Extremity Upon this some one in the roome drank up the Posset-drinke and the Plaister was applied to another who took no manner of hurt but that he was cured of an Ague This is the whole truth concerning that Application and besides others it will be attested by Master Patrick Maule then of the Bed-chamber and in Attendance a Gentleman whom the Parliament hath imployed about the King ever since he hath bin in their hands and therefore one that in all probability would relate nothing to their disadvantage on set purpose For the Duke's Impeachment in Parliament this was the ground of it When that Parliament was summon'd and the Elections were made Sir John Eliot who much honoured the Duke and was reciprocally much esteemed of by him made an addresse unto the Duke in the name of many Members offered him many Arguments to bring him unto their Party made engagements unto him to establish him in all his Places by Parliament and to adde unto his Grandeur But the Duke rejecting these offers and replying with some Scorne according to the Height and perhaps vanity of his Spirit That the King should have that now by no leave of theirs which formerly he would have thanked them for and that the turbulent Spirits were so dasht that there could be no considerable Opposition in their House to his designes and indeed in sight more of the Members of that Election were at the Dukes devotion Whereupon Sir John Eliot like a good Patriot reply'd that he was mistaken in the Spirit of that House the very walls infusing Resolution into them who sate there and rather then the Duke should not be dasht that he himself would break the ice And hereupon was the E. of Bristol countenanced whom in former Parliaments they themselves had cast some frowns upon and threatned with some danger This Impeachment against the Duke is contrived in such a way as that the King must either engage against him or at least stand Neuter or which was worst of all beare the reflection of that Dirt which they would bestow upon the Duke This was the true ground of that Charge and this was the Man who carried it up and did chiefly manage it in the House of Commons and in their Committees 3. These things thus premised I answer First by way of Concession that indeed the Duke was guilty of Imprudence to meddle in an Art he was not Master of And more yet to exhibit any thing that way unto a King so that he was in some measure liable to the Charge against him Secondly by way of Exception 1. This was no cause of the Kings death and so much the very Charge implies which was but of Mis-demeanors and high Presumptions Had it been of his Death it could not have stood on this side High-Treason and therefore it was a malicious intimation to the Kingdome that his Majesty was guilty of what they themselves were ashamed to charge upon the Duke 2. It was done out of a good affection and an intent to recover the King Had he had other Ends he would never have owned the Action as he did He was not so weak a Politician as to doe such a businesse with his owne hands or by those of his Mother or so much above-boord 3. The Medicines of themselves were innocent and could not prejudice I have heard it from learned Physicians that London-Treacle is of a temperate nature and propulsive of Venome from the Heart a Cordial the decoction of Harts-horn with Marygold-flowers and Gilly-flowers is no other Nay this was attested by some of the Physicians upon their Examinations in that Parliament that those Medicines did him no hurt 4. There was a possibility to save the King thereby Experiment is the best Leg and Base of Physick and oftentimes when a learned Doctor hath strugled in vaine a Nurse or a Midwife hath wrought the Cure by an approved Receit How oft hath the Lady of Kent flatter'd her selfe in this kind and the Lady Brooks too or they have done Cures by a Medicine or two which have been blow'd at in vaine by good Physicians 5. It was done by K. James his earnest entreaty and we know how far the Importunity of a great Person a Prince may transport a man his servant even against Reason much more where there was Reason for it We can produce an example of a French K. in a Fever who being prohibited all Wine by his Physicians did so importune his Servants for that liquor as they gave him his fill and that of the strongest too whereby he was not only satisfied but his Fever cured 6. The chief Witnesses against the Duke were Ramsey and Eglisham the first to the Parliament the other to the Kingdome by his pen both of them of so bad a Reputation that their testimony was not to be taken against a private man the former being expell'd or enforced to relinquish the Colledge of London for his ill-behavior who will lie swear flatter do any villany the latter expell'd from his Vniversity a Papist or rather of no Religion and of as little honesty or learning a man of a crackt Braine too 8. For K. James his own Clamour his word that way was no Slander How often hath Treason been
had been too little to expiate our deniall Have they not ravished our Children and Servants out of our Armes and Houses and compelled us not only to afford so poore an Allowance as of Coat-and Conduct-money but of Horses Armes and divers Moneths pay unto them nay slaine some of them that have refused Women that have interceded for their Husbands and Children Do not they keep all the Forrests in the Kingdome at their disposall placing Members of their owne therein If they do not enlarge them do they not destroy them by cutting down the fairest Timber-trees c. to the Kingdomes dammage though to their proper advantage do they not project how to improve them by Enclosures and sales through which hundreds thousands of Families must needs foresee their Ruine at hand who had their subsistance thereby Are they not now in a hot pursuit of draining the Fenns to gratifie two Members especially which are a Common doe they not detaine in their hands what Commons were enclosed doe they not keep on foot divers Monopolies and Imposts Have they not erected some Monopolies and Offices which were never before I will name only the Projectors Office of registring Judgments and Recognizances which in twenty or thirty years neither King James nor King Charles could be induced to grant But have they not erected one in our Kingdome which once the Nation could not endure the name of and unto which all the rest amassed into one body are but as a Pigmey I mean the Excise whose benefit is at least 300000l a yeare yet no publick Charge borne out by all this though all the Revenues of the King the Queen the Prince the Bishops the Deanes and Chapters the Delinquents c. are in their hands being almost one moity of the Kingdome though most of the rich Offices be in their possession though there be particular Impositions besides raised for Ireland for the Scots for the Army and indeed for what not and though they seize upon that old decryed Grievance of Tunnage and Poundage while they take no Ship-money The Charge of the Crimes of his Courts or such as concern Oppression of us in our Bodies The third Charge is in relation to his Courts and here are laid in his Dish our Personall Oppressions as of cruell Whippings stitting Noses cutting off Eares Fines Imprisonments Racks branding Cheeks c. The Charge answered Our Answer is 1. That these things were done in Courts of Justice and by men who were responsible 2. That these Penalties were inflicted for high Crimes such as formerly had been capitall 3. Upon turbulent and obstinate Offenders such as these men have not been able to hold their hands from since this Session of Parliament 4. That the Fines Imprisonments and rigour of their Sentences were frequently mollified and abated by His Majesty 5. That those Courts from which these things issued are abolished through His Majesties Grace and Condescension 6. That none of those Judges hath hitherto been punished if at all questioned for any transaction in the Star-Chamber or High-Commission-Court The E. of Salisbury in the House of Lords and Sir Hen. Vane sen in the House of Commons were men who gave their suffrages unto that Sentence against Lilburne of those cruell whippings against Pryn Bastwick and Burton of those cuttings and brandings and when were they charged therewith was it so much as once objected against them The same retorted These are the severest Courses they can object against His Majesty But are these any more then Flea-bitings to what hath been done without punishment or so much as a Check by their Committees Armies Courts of Justice nay by their own Members The Barbarismes of their Committees a Name now sufficiently odious would fill a Volume bigger then the Book of Martyrs Their whippings their tortures their Imprisonments even to the starving of multitudes of not a few equall to the best in their respective Countries upon Ship-board in such narrow Cabbins and other places provided on purpose that they had not roome to stand upright or lie at length untill even their Sinews shrunk their Bodies were eaten by Vermin And this for no manner of Cause but their Conscience Nay we can name the men who have been sequestred and imprisoned for five or six years and still are so yet never heard one Accusation laid against them unto this day and others who have after that been adjudged Innocent yet dare not call for reparation of their Estates or any Amends for their Sufferance Their very Army and petty Officers take upon them to domineer and play what pranks they list Among a multitude of their later Cruelties Let me tell you one story from Sussex of a thing done since all pretence of Martial-law hath ceased and in a County where they lived gratis by a formall processe when most of the Gentlemen of the Shire were present and interposed One Mr. Lover a Yeoman of good fashion who had formerly served as their Party was by a Sentence of a Councell of War consisting of one Major Husbands one Cornet and three or four Corporals at the Market-place in Lewis clapt neck and heels together and used there with that severity that he sounded upon the place and hath not to this day recovered his health though it were done two moneths ago And this for no cause but for telling some Soldiers when he saw them in his own grounds dipping two lewd women after an obscene way in a Pond That he could not envy their Churches such Members for they were known to be Whores by all the Countrey After complaint of this wrong made to the House it was referred to the Officers of the same Regiment to make enquiry after it and to punish it which was done by a Preferment Have they not licensed a Villain to wander about the whole Kingdome who by Watchings Fastings and Tortures compelleth poor silly people to confesse themselves Witches and upon that accusation and proofs as weak they have lost their lives Have they not others to carry away poor Children who under that pretence purloine whatever they can lay their hands upon and send them unto new Plantations Look to their Courts of Justice too you shall find Westminster-Hall and the Country too filled with Clamour against them the poor Client eaten up alive crucified with wearisome Attendance his Purse exhausted by Bribes his Cause proceeding like to Penelope's web one day forward and another backward at last he hath an Order or a Judgement which signifies nothing or is the Seale of his Oppression And this must be no otherwise while the Members over-awe the Judges into what Judgment they please while the Sentence is resolved on first and the Cause heard after they cutting them out such Hallifax-law to execute before enquiry Of Multitudes let me pick out these three for Instance very late and fresh in memory The Commissioners of Oyer and Terminer being resolved on against Capt. Burleigh the Judge was to be chosen Godbolt was