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were murder to kill his majesty, being deposed | ty; he saith, it is treason for subjects to swear by the pope?

Ogilvie. I would not say it were unlawful, though I should save my life by it. That if the king offended against the catholic church, the pope might punish him as well as a shepherd, or the poorest fellow in the country. That in abrogating the pope's authority, the estates of parliament had gone beyond their limits, and that the king in usurping the pope's right, had lost his own. Nam qui rapit jus alienum, perdit jus ad suum.'

the oath of allegiance; and meaneth so much in his last words; as the king's majesty's life and estate cannot be assured, except he renders himself the pope's vassal.

Thus bath he left you little to do, except that his majesty's pleasure is, the ordinary form be kept with him, you should never need once to remove all his speeches have been so stuffed with treason, that I am sure the patience of the noblemen, and others here present, hath been much provoked.

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In all that he hath said, I can mark but two things alledged by bim for the pope's authority over kings; the words of our Saviour to St. Peter, Pasce oves meas,' feed my sheep and the subjection of kings, especially of our kings, since the kingdom became Christian, to the pope. For the words of our Saviour, how little they serve his purpose, I have no need to tell you. To feed the sheep of Christ, is not, I hope, to depose kings from their estates, nor to

Being asked touching the oath of allegiance, Why he did condemn it? and the same being read unto him; He said, It was a damnable oath against God and his truth, and that it was treason to swear it, because it brought the king's person and state in danger. Since this kingdom, said he, was Christian, the pope's supreme power was always acknowledged: this being cast off (as we see in the act of your parliament) against all reason and conscience, and subjects forced to swear to a matter so unlaw-enflame the hearts of subjects against princes, ful, what marvel that attempts and dangerous courses be taken against bin. Justissima tex 'est, ut quæ agit aliquis, talia patiatur.' But would the king leave off his usurping upon the pope, he might live without fear, as well as the king of Spain, or any other Christian prince. Neither bishop, nor minister, nor all the bishops and ministers in his majesty's kingdoms had done, nor could do the like.

The Archbishop of Glascow did close all to the jury, to this effect:

Gentlemen, and others, who are named upon this assize, though I minded to have said nothing, but sitten here a witness of the proceed ing, I have been forced by his proud and impudent speeches, somewhat to reply, and must, with your patience, say a little more. It is this same day, two-and-twenty weeks past, that this prisoner fell into mine hands; since that time he hath had leisure to think enough what course was fittest for himself to take, for satisfying his majesty whom he had offended; neither hath he lacked counsel and advice, the best that we could give him besides he hath found on our part nothing but courteous dealing, and better entertainment, than, I must now say it, he hath deserved. Mine own hopes were, that he would have followed another course than I see he hath taken, and not stand to the answers which he made to those demands which were moved unto him by his majesty's commissioners, and you have seen: but if his answers at the first were treasonable, they are now so little bettered, as in all your hearings, he hath uttered speeches most detestable, made a commentary worse than the text was, and shewed himself to carry the mind of an arrant and desperate traitor. You perceive he obscures not his affection towards the king's majesty, our sovereign, in all his speeches preferring the pope to his majesty and which is more intolerable, affirmeth the king's majesty to have lost the right of his kingdom by usurping upon the pope. He will not say, it is unlawful to kill his majes

much less to kill and dispatch them: we are better taught than to be deceived with such glosses. Saint Peter made never that sense of those words, and teacheth us à far other doctrine, in his first epistle, 5th chapter, and second and third verses.

I will not spend time with such purpose; only this I must say, that whatsoever was St. Peter's prerogative, the pope of Rome hath nothing to do with it: for he cannot be St. Peter's successor that hath forsaken his doctrine, and gone against his practice directly, both in that and other points of Christian faith. And for the antiquity of his usurped power, I may justly say, that Mr. Ogilvie is not well seen in antiquity, or then speaketh against his knowledge, when he saith, that this power of the pope was ever acknowledged by Christian kings: the bishops of Kome for many years made no such claim, neither did emperors or kings ever dream of such subjection: long it was ere the pope of Rome came to the height of commanding kings, and not till he had oppressed the church, under the pretext of St. Peter's keys, bearing down all the bishops within Christendom; which having done, then he made his invasion upon princes, and that by degrees. The histories of all ages make this plain, and the resisting he found by kings in their kingdoms, testified that they never acknowledged his superiority. Of our own, howbeit as we lie far from his seat, so had we less business and fewer occasions of contradiction; yet I can make it seen in divers particulars, when any question fell out anent the provision of bishops and archbishops to their places, the bulls of Rome were so little respected, as the king's predecessors have always preferred and borne out their own choice; and the interdictions made upon the realm, by these occasions, not without some imputation of weakness to the see apostolick, have been recalled. The superstitions of Rome were amongst us last embraced, and with the first, by the mercies of God, shaken off,

Whatsoever you brag of your antiquity, it is false both in this and in all the points of your profession else, which I could clear, if this time or place were fitting. But to you of this jury, I have this only more to say, you are to enquire upon the verity of the indictment, whether such and such things as are alledged to be committed by him, have been so or not you have his subscription, which he acknowledgeth; you hear himself, and how he hath most treasonably disavowed his majesty's authority: it concerns you only to pronounce as you shall find verified by the speeches that you have heard, and the testimonies produced. For the rest, the justices know sufficiently what to do, and will serve God and his majesty, according to the commission given them.

ers of heretics I will not have.-And so the Court arose.

A true Relation of such things as passed at the EXECUTION of John Ogilvie, upon the last day of February, anno 1615.

AFTER judgment was given, by the space of some three hours, he remained in the place where he was convicted, having leisure granted him to prepare himself for death. He continued a while upon his knees at prayer, with a cold devotion; and when the hour of execution approached, his hands being tied by the executioner, his spirits were perceived much to fail him. In going towards the scaffold, the throng of people was great, and he seemed much amazMaster William Hay, Advocate for his ma- ed; and when he was up, Mr. Robert Scott, and jesty, asked instruments upon the prisoner's Mr. William Struthers, ministers, very gravely treasonable speeches, uttered in the hearing of and christianly exhorted him to an humble acthe jury, and his ratification of the former an- knowledgment of his offence, and if any thing swers made to his majesty's commissioners: troubled his mind, to disburthen his conscience. likewise, for the further clearing of the indict-In matters of religion, they said, they would ment, repeated the acts of parliament mentioned in the said indictment, with the act of privycouncil, made anent his majesty's supremacy and the oath of allegiance. And desired the jury deeply to weigh and consider the perverse and devilish disposition of the party accused; to the effect they might without scruple proceed in his conviction. And according to his place, protested for wilful error, if they should acquit him of any point contained in the said indict

ment.

The persons named upon the jury, removed to the higher house, which was prepared for them; and having elected sir George Elphingston, chancellor, all in one voice found the prisoner Guilty of the whole treasonable crimes contained in the indictment.

Which being reported by the said sir George Elphingston, and confirmed by the whole jury, then returned into the court, judgment was given by direction of the justices, That the said John Ogilvie, for the treasons by him committed, should be hanged and quartered.

The Archbishop of Glascow demanded if Ogilvie would say any thing else?

Ogilvie answered, No, my lord. But I give your lordship thanks for your kindness, and will desire your hand.

The Archbishop said, If you shall acknowledge your fault done to his majesty, and crave God and his highness's pardon, I will give you both hand and heart; for I wish you to die a good Christian.

Then Ogilvie asked, If he should be licensed to speak unto the people?

The Archbishop answered, If you will declare, that you suffer according to the law, justly for your offence, and crave his majesty's pardon for your treasonable speeches, you shall be licensed to say what you please; otherwise you ought not to be permitted.

Then said he, God have mercy upon mé? And cried aloud, If there be here any hidden Catholics, let them pray for me; but the pray

VOL. II.

not then enter, but prayed him to resolve and settle his mind, and seek mercy and grace from God, through Jesus Christ, in whom only salvation is to be found.

Ogilvie answered, That he was prepared and resolved. Once he said, that he died for religion; but uttered this so weakly, as scarce he was heard by them that stood by upon the scaffold. Then addressing himself to execution, he kneeled at the ladder-foot, and prayed; Mr. Robert Scott in that while declaring to the people that his suffering was not for any matter of religion, but for heinous treason against his majesty, which he prayed God to forgive him. Ogilvie hearing this, said, he doth me wrong. One, called John Abircrumie, a man of little wit, replied, No matter, John, the more wrongs the better. This man was seen to attend him carefully, and was ever heard asking of Ogilvie some token before his death; for which and other business he made with him, he was put off the scaffold.

Ogilvie ending his prayer, arose to go up the ladder, but strength and courage, to the admiration of those who had seen him before, did quite forsake him he trembled and shaked, saying, he would fall,' and could hardly be helped up on the top of the ladder. He kissed the hangman, and said, Maria, mater gratiæ, ora pro me; omnes Angeli, orate pro me; omnes Sancti Sanctæque, orate pro me:' but with so low a voice, that they which stood at the ladder foot had some difficulty to hear him.

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The executioner willed him to commend his soul to God, pronouncing these words unto him, Say John, Lord, have mercy on me,

Lord, receive my soul which he did with such feebleness of voice, that scarcely be could be heard. Then was he turned off, (his left foot for a space taking hold of the ladder, as a man unwilling to die) and hung till he was dead. His quartering, according to the judgment given, was, for some respects, not used;

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and his body buried in a place that is kept for malefactors.

We have understood, by some persons who visited him at times during his impr sonment, that amongst other his speeches with them, he said this, That if he had escaped his apprehension at this time, and lived till Whitsunday

next, he should have done that which all the bishops and ministers both in England and Scotland, should never have helped. And if he might have lived at liberty unto that time, he would willingly have been drawn in pieces with horses, and have given his body to have been tormented.

102. The Case of Mr. OLIVER ST. JOHN, on an Information ore temus, in the Star-Chamber, 15th April, for writing and publishing a Paper against a Benevolence collected under Letters of the Privy-Council: 13 JAMES I. A. D. 1615.

["All that we have in print of the proceedings

on this Case is lord Bacon's Speech as attorney-general and prosecutor., See 2 Bacon's works, last 4to edit. 583. The paper which was the ground of the prosecution is in the Cabala. See page 332, of 2d part, 3d. edit. The Judgment of the court was, that Mr. St. John should pay a fine of 5000l. and be imprisoned during the king's pleasure. See the note in 3 Bacon, last 4to edit. 267, and the Introduc. to Bac. Lett. by Stevens, p. xxiii. The case appears to have been prosecuted with great anxiety; for, according to a letter from, lord Bacon to the king, lord chancellor Egerton, who from the infirmities of age, was then on the point of resigning the great seal, expressed a wish to attend the hearing, and so make it the conclusion of his services. 3 Bac, 264. The grand argument of lord Bacon in favour of the Benevolence was, that it was without compulsion. If in the representation of the conduct of a rival and enemy, lord Bacon can be trusted, lord Coke, then chief justice of the King's-bench, at first gave it as his opinion, that the king could not so much as move any of his subjects for a Benevolence, but afterwards retracted in the Star-Chamber, and there delivered the law in favour of it strongly. Ibid. 483. 274.

"In our introductory note to the Case of Impositions, Benevolences were enumerated as one of the devices of extra-parliamentary taxation. Ante, page 371. As such the statute of 1 R. 3, c. 2, stiles them an unlawful invention, and annuls them for ever. But the Benevolences, mentioned in this statute, are described to have been so in name only, and to have been taken by coercion. Still therefore it was insisted, that gifts to the crown out of parliament, if really voluntary, were lawful. So lord Bacon argued in the following case; so in the same sense lord Coke is stated to have declared the law; so lord Coke himself gives his opinion in his notes on Benevolences in the 12th Report; and so according to him all the judges resolved in the 40th of Elizabeth, 12 Co. 119. Lord Coke lays a stress on the statute of 10 Hen. 7, c. 10, which, after reciting that many of the king's subjects had severally

granted to him diverse sums of money of their free wills and benevolence, and that some of these were in arrear, provides a remedy for compelling the payment. See Rastall's edit. of the Statutes. This statute, it must be confessed, seems to give a legislative sanction to such Benevolences as were really free offerings. But there is a later statute, with, words strongly importing, that Benevolences to the crown, though voluntary, cannot regularly be made out of parliament. The statute we mean is the 13 Cha. 2, c. 4, which authorises the king to issue commis sions under the great scal, for receiving voluntary subscriptions for the supply of his occasions; but limits commoners to 2001. and peers to 4004. a-piece, and also the time for subscribing, and concludes with declaring, that no commissions or aids of this nature can be issued out or levied hut by authority of parliament. This in effect concurs with lord Coke's first opinion in Mr. St. John's case, as represented by lord Bacon; the aim of the statute being to condemn Benevolences by the solicitation of commissions from the crown, and so to supply the defect of the statute of Richard the Third and of the Petition of Right, both of which point at compulsive Benevolences. The inducement to such a declaration of the law probably was an idea, that a formal solicitation from the crown must necessarily operate, on the minds of those to whom it was addressed, with an influence almost equal to compulsion. Thus at length it seems to be settled by the legis lature, not only that compulsive Benevolences are unlawful, but that all commissions from the crown to solicit and receive voluntary gifts are also unconstitutional." Hargrave.] LETTER from Mr. Oliver St. John to the Mayor

of Marlborough, which was the subject of the Prosecution; taken from the Cabala, 3d edition, part 2, page 332.

ASI think, this kind of benevolence is against law, reason and religion:

1. The law is in the statute called Magna Charta, 9 Hen. 3, cap. 29, that no free-man be any way destroyed, but by laws of the land. Secondly, besides that the said statute of Magna Charta is by all princes since established and

confirmed, it is, in the special case of voluntary | denounced immediately upon the acts made

or free grants, enacted and decreed 25 E. 1, cap. 5, that no such be drawn into custom: and cap. 6, that henceforth be taken no such aids, tasks, free grants, or prizes, but by assent of all the realm, and for the good of the same. And in primo R. 3, cap. 2, that the subjects' and cominons in this realm, from henceforth shall in no wise be charged by any charge or imposition called a Benevolence, or any such like charge; and that such exactions, called a Benevolence, shall be damned and annulled for

ever.

First, it is not only without, but against reason, that the commons, in their several and particulars, should be relievers or suppliers of his majesty's wants, who neither know his wants, nor the sums that may be raised to supply the same.

Secondly, it is against reason, that the particular and several commons, distracted, should oppose their judgment and discretion to the judgment and discretion of the wisdom of their land assembled in parliament, who have there denied any such aid.

It argueth in us want of love and due respect of our sovereign lord and king, which ought to be in every of us towards each other, which is, to stay every one which we see falling, and reduce the current. What prosperity can be expected to befal either our king or nation, when the king shall, haply out of ignorance, or ('tis I hope) out of forgetfulness or headiness, commit so great a sin against his God,, as is the violating of his great and solemn oath taken at his coronation, for the maintaining of his laws, liberties and customs of this noble realm; and his subjects, fome for fear, some in pride, some to please others, shall join hands to forward so unhappy an achievement? Can he any way more highly offend the divine majesty (whom he then invocated?) As also, can he then give unto another Hen. 4, (if such a one should rise up, which God forbid) a greater advantage? Let those articles put up against R. 2, be looked on, it will appear, that the breach of laws, infringing the liberties, and failing in this oath, were the main blemishes wherewith he could distain and spot the honour of that good and gentle prince; who indeed was rather by others abused, than of himself mischievously any way disposed.

2. As very irreligionsly and uncharitably, we help forward the king's majesty in that grievous sin of perjury; so into what an hellish danger we plunge ourselves, even so many of us as contribute, is to be learned out of the several curses and sentences of excommunication given out against all such givers, and, namely, the two following, viz. the great curse given out, the 36 IIen. 3, against all breakers of the liberties and customs of the realm of England, with their abettors, counsellors and executioners; wherein, by the sentence of Boniface archbishop of Canterbury, and the chief part of all the bishops of this land, are ipso facto | excommunicated. And that of 21 Edw. 1,

against such benevolence, free grants and impositions, had, and taken without common assent; which, because it is not so large as that former, I will set down as our books deliver the same.

"In the name of the Father, Son, and Holy Ghost, Amen. Whereas our sovereign lord the king, to the honour of God, and of the holy church, and for the common profit of the realm, hath granted, for him and his heirs for ever, these articles above written: Robert archbishop of Canterbury, primate of all England, admonished all his province, once, twice, and thrice, because that shortness will not suffer so much delay, as to give knowledge to all the people of England of these presents in writing. We, therefore, enjoin all persons, of what estate soever they be, that they, and every of them, as much as in them is, shall uphold and maintain those articles granted by our sovereign lord the king in all points; and all those that, in any point, do resist, or break those ordinances, or go about it by word or deed, openly or privately, by any manner of pretence or colour. We therefore, the said archbishop, by our authority in writing expressed, do excominunicate and accurse, and from the body of our Lord Jesus Christ, and from all the company of Heaven, and from all the sacraments of the holy church, do sequester and exclude."

Sir, hearing that to-morrow the justices will be here about this busy work of Benevolence, wherein you have both sent unto, and talked with me, and thinking that it may be, you would deliver up the names of the nongivers: forasmuch as, I think, I shall scarcely be at home to make my further answer, if I should be called for, I pray you, both hereby to understand my mind yourself, and if cause so require, to let the justices perceive as much. So leaving others to their own consciences, whereby in that last and dreadful day they shall stand or fall before him who will reward every man according to his deeds, I commend you to the grace of the Almighty, and rest your loving neighbour and friend,

OLIVER ST. JOHN.

SPEECH of Sir FRANCIS BACON as AttorneyGeneral, addressed to the Court of StarChamber, from his Works, vol. ii, p. 533. My Lords; I shall inform you ore tcnus, against this gentleman Mr. I. S. a gentleman, as it seems, of an ancient house and name; but, for the present, I can think of him by no other name, than the name of a great offender. The nature and quality of his offence, in sum, is this. This gentleman hath, upon advice, not suddenly by his pen, nor by the slip of his tongue; not privately, or in a corner, but publicly, as it were, to the face of the king's ministers and justices, slandered and traduced the king our sovereign, the law of the land, the parliament, and infinite particulars of his majesty's worthy and loving subjects. Nay, the slander is of that nature, that it may seem to

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interest the people in grief and discontent me favour and attention to set forth and obagainst the state: whence might have ensued serve unto you five points. I will number matter of murmur and sedition. So that it is them, because other men may note them; and not a simple slander, but a seditious slander, I will but touch them, because they shall not like to that the poet speaketh of, calamosque be drowned or lost in discourse, which I hold armare veneno.' A venomous dart that hath worthy the observation, for the honour of the both iron and poison.-To open to your lord-state and confusion of slanderers; whereby it ships the true state of this offence, I will set be- will appear most evidently what care was tafore you, first, the occasion whereupon Mr. I.ken, that that which was then done might not S. wrought: then the offence itself in his own have the effect, no nor the shew, no nor so words: and lastly, the points of his charge.- much as the shadow of a tax; and that it was My lords, you may remember that there was so far from breeding or bringing in any ill prethe last parliament an expectation to have had cedent or example, as contrariwise it is a corthe king supplied with treasure, although the rective that doth correct and allay the harshevent failed Herein it is not fit for me to give ness and danger of former examples.-The opinion of an house of parliament, but I will first is, that what was done was done immedi give testimony of truth in all places. I served ately after such a parliament, as made general in the lower house, and I observed somewhat. profession to give, and was interrupted by acThis I do affirm, that I never could perceive cident: so as you may truly and justly esteem but that there was in that house a general dis-it, tanquam posthuma proles parliamenti,' as position to give, and to give largely. The an after-child of the parliament, and in pursuit, clocks in the house perchance might differ; in some small measure, of the firm intent of a some went too fast, some went too slow; but parliament past. You may take it also, if you the disposition to give was general: so that I will, as an advance or provisional help until a think I may truly say, solo tempore lapsus future parliament; or as a gratification simply 'amor.-This accident happening thus besides without any relation to a parliament; you can expectation, it stirred up and awaked in divers no ways take it amiss.-The second is, that it of his majesty's wo thy servants and subjects wrought upon example, as a thing not devised of the clergy, the nobility, the court, and others or projected, or required; no nor so much as here near at hand, an affection loving and recommended, until many, that were never chearful, to present the king, some with plate, moved nor dealt with, ex mero motu, had freely some with money, as free-will offerings, a thing and frankly sent in their presents. So that that God Almighty loves, a chearful giver: the letters were rather like letters of news, what an evil eye doth I know not. And, my what was done at London, than otherwise: lords, let me speak it plainly unto you: God and we know exempla ducunt, non trahunt;' forbid any body should be so wretched as to examples they do but lead, they do not draw think that the obligation of love and duty, from nor drive.--The third is, that it was not done the subject to the king, should be joint and by commission under the great seal; a thing not several. No, my lords, it is both. The warranted by a multitude of precedents, both subject petitioneth to the king in parliament. ancient, and of late time, as you shall hear He petitioneth likewise out of parliament. The anon, and no doubt warranted by law: so that king on the other side gives graces to the sub-the commissions be of that stile and tenour, as ject in parliament: he gives them likewise, and poureth them upon his people out of parliament: and so no doubt the subject may give to the king in parliament, and out of parliament. It is true the parliament is intercursus magnus, the great intercourse and main current of graces and donatives from the king to the people, from the people to the king: but parhaments are held but at certain times; whereas the passages are always open for particulars; even as you see great rivers have their tides, but particular springs and fountains run continually. To proceed therefore: as the occasion, which was the failing of supply by parliament, did awake the love and benevolence of those that were at hand to give; so it was apprehended and thought fit by my lords of the council to make a proof whether the occasion and example both, would not awake those in the country of the better sort to follow. Whereupon, their lordships devised and directed letters unto the sheriffs and justices, which declared what was done here above, and wished that the country might be moved, especially men of value. Now, my lords, I beseech you give

that they be to move and not to levy: but this was done by letters of the council, and no higher hand or form.—The fourth is, that these letters had no manner of shew of any binding act of state: for they contain not any special frame or direction how the business should be managed; but were written as upon trust, leaving the matter wholly to the industry and confidence of those in the country; so that it was an absque compoto; such a form of letters as no man could fitly be called to account upon.-The fifth and last point is, that the whole carriage of the business had no circumstance compulsory. There was no proportion or rate set down, not so much as by way of a wish; there was no menace of any that should deny no reproof of any that did deny; no certifying of the names of any that had denied. Indeed, if men could not content themselves to deny, but that they must censure and inveigh, nor to excuse themselves, but they must accuse the state, that is another case. But I say, for denying, no man was apprehended, no nor noted. So that I verily think, that there is noue so subtle a disputer in the controversy of libe

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