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Whatsoever you brag of your antiquity, it is ers of heretics I will not have. - And so the false both in this and in all the points of your Court arose. profession else, which I could clear, if this time or place were fitting. But to you of this jury, ' A true Relation of such things as passed at the I have this only more to say, you are to enquire EXECUTION of John Ogilvie, upon the last upon the verity of the indictment, whether such and such things as are alledged to be coin
day of February, anno 1615. mitted by him, have been so or not: you have Arter judgment was given, by the space of his subscription, which he acknowledgeth ; you some three hours, he remained in the place hear himself, and how he hath most treason-' where he was convicted, having leisure granted ably disavowed bis inajesty's authority: it con- him to prepare himself for death. He conticerns you only to pronounce as you shall find nued a while upon bis knees at prayer, with a veritied by the speeches that you have heard, cold devotion; and when the hour of execuand the testimonies produced. For the rest, tion approached, his hands being tied by the exthe justices know sufficiently what to do, and ecutioner, his spirits were perceived much to fail will serve God and his majesty, according to him.' In going towards the scaffold, the throng the cominission given them.
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 lim to an humble acthe jury, and his ratification of the former an- knowledgment of his otience, and if any thing swers inade 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 not then enter, but prayed him to resolve and in the said indictment, with the act of privy- settle bis mind, and seek mercy and grace from council, made anent his majesty's supremacy God, through Jesus Christ, in whom only saland the oath of allegiance. "And desired the vation is to be found. jury deeply to weigh and consider the perversea Ogilvie auswered, That he was prepared and and devilish disposition of the party accused; resolved. Once he said, that he died for relito the effect they might without scruple proceed pion; but ultered this so weakly, as scarce he was in his conviction. And according to bis place, beard by them that stood by upon the scaffold. protested for wilful error, if they should acquie Then addressing himselfio execution, he kneeled bim of any point contained in the said indict- at the ladder-foot, and prayed; Mr. Robert Scott
in that while declaring to the people that bis The persons named upon the jury, removed suffering was not for any matter of religion, but to the higher house, which was prepared for for heinous treason against bis majesty, which them; and having elected sir George Elphiny- he prayed God to forgive him. Ogilvie bearston, chancellor, all in one voice found the pri- ing this, said, he doth me wrong. One, called soner Guilty of the whole treasonable crimes John Abircrumie, a man of little wit, replied, contained in the indictment, :
No matter, John, the more wrongs the better. Which being reported by the said sir George Tbis man was seen to attend himn carefully, Elphingston, and confirmed by the whole jury; and was ever heard asking of Ogilvie sople tothen returned into the court, judgment was ken before his death ; for which and other bugiven by direction of the justices, That the siness be made with him, he was put off the said Joho Ogilvie, for the treasons by himi com scaffold. mitted, should be hanged and quartered. Ogilvie ending his prayer, arose to go up the
The Archbishop of Glascow demanded if | ladder, but strength and courage, to the admiOgilvie would say any thing else?
ration of those who had seen bim before, did Ogilvie answered, No, my lord. But I give quite forsake him : he trembled and shaked, your Jordship thanks for your kindness, and will saying, "he would fall,' and could hardly be desire your hand.
helped up on the top of the ladder. He kissed The Archbishop said, If you shall acknow the hangman, and said, “Maria, mater gratiæ, ledge your fault done to his majesty, and crave ora pro me; omnes Angeli, orate pro ine; God and bis bighness's pardon, I will give you * omnes Sancti Sanctæque, orate pro me :' but both hand and beart; for I wish you to die a with so low a voice, that they which stood at good Christian.
the ladder foot had some difficulty to hear Then Ogilvie asked, If he should be licensed him. to speak unto the people?
The executioner willed him to commend his The Archbishop answered, If you will de- soul to God, pronouncing these words unto clare, that you suffer according to the law, him, "Say John, Lord, have mercy on me, justly for your offence, and crave his majesty's Lord, receive my soul :' which he did with pardon for your treasonable speeches, you shall such feebleness of voice, that scarcely be could be licensed to say what you please ; otherwise be heard. Then was he turned off, (his left you ought not to be permitted.
foot for a space luking hold of the ladder, as a Then said he, God have' inercy upon me? man unwilling to die) and hung till he was And cried aloud, If there be here any hidden dead. His quartering, according to the judgCatholics, let them pray for ne; but the pray- ment given, was, tur some respects, not used; VOL. II
and his body buried in a place that is kept for next, he should have done that which all the malefactors.
bishops and ministers both in England and We have understood, by some persons who | Scotland, should never have helped. And if he visited him at tinies during his imprisonment, might have lived at liberty unto that time, he that amongst other his speeches with thein, he would willingly have becn drawn in pieces with said this, That if he bad escaped his apprehen- horses, and have given his body to have been sion at this time, and lived till Whitsunday I tormented.
102. The Case of Mr. OLIVER St. John, on an Information ore
tenus, 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 granted to him diverse sums of money of on this Case is lord 'B:icon's Speech as at
their free wills and benevolence, and that torney-general and prosecutor. See 2 Bacon's
soine of these were in arrear, provides a reworks, last 4to edit. 583. The paper whicb
merly for compelling the payment. See Raswas the ground of the prosecution is in the tall's edit. of the Statutes. This statute, it Cabala. See page 332, of 2d part, 3u. edit.
must be confessed, seems to give a legislative The Judginent of the court was, that Mr. sanction to such Benevolences as were really St. John should pay a fine of 50001. and be
free offerings. But there is a later statute, imprisoned during the king's pleasure. See with words strongly importing, that Benethe note in 3 Bacon, last 4to edit. 267, and volences to the crown, though voluntary, the Introduc. to Bae. Lett. by Stevens, p.
cannot regularly be made out of parliament. xxi. The case appears to have been pro The statute we mean is the 13 Cha. 2, c. 4, secuted with great anxiety; for, according wbich authorises the king to issue commis. to a letter from lord Bacon to the king, lord
sions under the great scal, for receiving vochancellor Egerton, who from the infirmities
luntary subscriptions for the supply of his of age, was then on the point of resigning the
occasions; but limits commoners to 2001. great seal, expressed a wish to attend the
and peers to 4001. a-piece, and also the time hearing, and so make it the conclusion of his
for subscribing, and concludes with declaring, services. 3 Bac. 264. The grand argument that no commissions or aids of this nature of lord Bacon in favour of the Benevolence can be issued out or levied but by authority was, that it was without compulsion. If in
of parliament. This in effect cuncurs with the representation of the conduct of a rival lord Coke's first opinion in Mr. St. John's and enemy, lord Bacon can be trusted, lord case, as represented by lord Bacon; the aim Coke, the chief justice of the King's-bench, of the statute being to condemn Benevolences at first gave it as his opinion, that the king by the solicitation of commissions from the could not so much as move any of his sub
crown, and so to supply the defect of the jects for a Benevolence, but afterwards re statuite of Richard the Third and of the Petracted in the Star-Chamber, and there de tition of Right, both of which point at comlivered the law in favour of it strongly. Ibid. pulsive Benevolences. The inducement to 483. 274.
such a declaration of the law probably was " In our introductory note to the Case of Impo an idea, that a formal solicitation from the
sitions, Beuerolences were enumerated as crown must necessarily operate, on the minds one of the devices of extra-parliamentary of those to whom it was addressed, with an taxation. · Anie, page 371. As such the sta influence almost equal to compulsion.—Thus tute of 1 R. 3, c. 2, stiles them an unlawful at length it seems to be settled by the legisinvention, and annuls them for ever. But
lature, not only that compulsive Benevolences the Benevoleuces, mentioned in this statute, are unlawful, but that all commissions from are described to bave been so in name only, the crown to solicit and receive voluntary and to have been taken by coercion. Still gifts are also unconstitutional.”. Hargrave.] therefore it was insisted, that gifts to the crown out of parliament, if really voluntary, LETTER from Mr. Oliver St. John to the Mayor were lawful. So lord Bacon argued in the
of Marlborough, which was the subject of following case; so in the same sense lord
the Prosecution; taken from the Cabala, Coke is stated to have declared the law; so
3d cdition, part 2; page 339. lord Coke himself gives his opinion in his As I think, this kind of benevolence is against notes on Benevolences m the 12th Report ; law, reason and religion : and so according to him all the judges re 1. The law is in the statute called Magna solved in the 40th of Elizabeth, 12 Co. 119. Charta, 9 Hen. 3, cap. 29, that no free-man Lord Coke lays a stress on the statute of be any way destroyed, but by laws of the land. 10 llen. 7, c. 10, which, after reciting that Secondly, besides that the said statute of Magna inany of the king's subjects bad severally 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. i, against such benevolence, free grants and imcap. 5, that no such be drawn into custom : 1 positious, had, and taken without common and cap. 6, that henceforth be taken no such assent; which, because it is not so large as aids, tasks, free grants, or prizes, but by assent that former, I will set down as our books deof all the realm, and for the good of the same. liver the same. And in primo R. 3, cap. 2, that the subjects “ In the name of the Father, Son, and Holy and cominons in this realm, froin hencefortli Ghost, Amen. Whereas our sovereign lord shall in no wise be charged by any charge or the king, to the honour of God, and of the holy imposition called a Benevolence, or any such church, and for the common profit of the realm, like charge; and that such exactions, called a bath granted, for bin and his heirs for ever, Benevolence, shall be damned and annulled for these articles above written : Robert archbishop
of Canterbury, primate of all England, admoFirst, it is not only without, but against rea nished all his province, once, twice, and thrice, son, that the commons, in their several and because that shortness will not suffer so much particulars, should be relievers or suppliers of delay, as to give knowledge to all the people bis majesty's wants, who neither know his of England of these presents in writing. We, wants, nor the sums that may be raised to sup- therefore, enjoin all persons, of what estate soply the same.
ever they be, that they, and every of them, as Secondly, it is against reason, that the par- much as in thein is, shall uphold aod maintain *ticular and several commons, distracted, should those articles granted by our sovereign lord the . oppose their judgment and discretion to the king in all points; and all those that, in ang judgment and discretion of the wisdom of their point, do resist, or break those ordinances, or land assembled in parliament, who have there go about it by word or deed, openly or pridenied any such aid.
vately, by any manner of pretence or colour. It argueth in us want of love and due respect We therefore, the said archbishop, by our auof our sovereign lord and king, which ought to thority in writing expressed, do excomniunicate be in every of us towards each other, which is, and accurse, and from the body of our Lord to stay every one which we see falling, and re-. Jesus Christ, and from all the company of duce ihe current. What prosperity can be ex Heaven, and from all the sacraments of the pected to befal either our king or nation, when holy church, do sequester and exclude." the king shall, haply out of ignorance, or ('tis Sir, hearing that to-morrow the justices will I hope) out of forgetfulness or headiness, com be bere about this busy work of Benevolence, mit so great a sin against his God, as is the wherein you have both sent unto, and talked violating of his great and solemn oath taken at with me, and thinking that it may be, you his coronation, for the maintaining of his laws, would deliver up the names of the nonliberties and customs of this noble realm; and givers : forasmuch as, I think, I shall scarcely his subjects, fome for fear, some in pride, some be at home to make my further answer, if I to please others, shall join hands to forward so should be called for, I pray you, both hereby unhappy an atchievement? Can he any way to understand my mind yourself, and if cause more highly offend the divine majesty (whom so require, to let the justices perceive as much. he then invocated ?) As also, can he then give So leaving others to their own consciences, unto another Hen. 4, (if such a one should rise whereby in that last and dreadful day they shall up, which God forbid) a greater advantage? stand or fall before him who will reward every Let those articles put up against R. 2, be looked man according to his deeds, I commend you on, it will appear, that the breach of laws, in to the grace of the Almighty, and rest your fringing the liberties, and failing in this oath, loving neighbour and friend, were the main blemishes wherewith he could
OLIVER Sr. Jous. distain and spot the honour of that good and gentle prince; who indeed was rather by others | Speecu of Sir Francis Bacon as Attorneyabused, than of himself mischievously any way
General, addressed to the Court of Stardisposed.
Chamber, from his Works, vol. ii. p. 583. 2. As very irreligiously and uncharitably, My Lords ; I shall inform you ore tenus, we help forward the king's majesty in that against this gentleman Mr. I. S. a gentleman, grievous sin of perjury; so into what an hellish as it seems, of an ancient house and name; but, danger we plunge ourselves, even so many of for the present, I can think of bim by no other us as contribute, is to be learned out of the name, than the name of a great offender. The several curses and sentences of excommunica- nature and quality of his offence, in sum, is tion given out against all such givers, and, this. This gentleman hath, upon advice, not namely, the two following, viz. the great curse suddenly by his pen, nor by the slip of his given out, tho 36 Hen. 3, against all breakers tongue; not privately, or in a corner, but pubof the liberties and customs of the realm of licly, as it were, to the face of the king's miEngland, with their abettors, counsellors and nisters and justices, slandered and traduced executioners; -wherein, by the sentence of Bo- the king our sovereign, the law of the land, the nitace archbishop of Canterbury, and the chief parliament, and infinite particulars of his mapart of all the bishops of this land, are ipso facto jesty's worthy and loving subjects. Nay, the excommunicated. And that of 24 Edw. 1, slander is of that nature, that it may em to
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 puinber 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. kèn, that that which was then done might not S. wrought : then the offence itself in his own hare the effect, no nor the shew, Donor 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 exaniple, as contrariwise it is a cor. the 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 immedigive 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 attirm, 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 posthuna proles parliamenti,' as position to give, and to give largely. The an aster-child of the parliament, and in pursuit, clocks in the house perchance might ditter; 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 cruly say, “solo tempore lapsus future parliament ; or as a gratification simply • ainor.'—This accident happening thus besides without any relation to a parliament; you can expectation, it stirred up and awiked in divers no ways take it amiss. The second is, that it of his majesty's worthy 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 chearful, to present the king, some with plate, moved nor dealt with, ex miro motr, had freely some with money, as free-will offerings, a thing and frankly sent in their presents. So that that God Almighty loves, a cheartul 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 excinpla ducunt, non trahunt;' forbid any body should be so wreiched 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 bear He petitioneth likewise out of parliament. The anon, and no douht 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, that they be to move and not to levy: but i his and poureth them upon his people out of par- was done by letters of the council, and no liament: and so no doubt the sutject may give higher hand or form.-- The fourth is, that these to the king in parliament, and out of parlia- letters had no manner of show of any binding ment. It is true the parliament is intercursus act of state : for they contain not any special magnus, the great intercourse and main current frame or direction how the business should be of graces and donatives from the king to the managed; but were written as upon trust, peoplc, from the people to the king : bur par leaving the matter wholly to the industry and liaments are held but at certain times; whereas contidence of those in the country; so that it the passages are always op-n for particulars : was an absque compoto ; such a form of letiers even as you see great rivers have their tides, but as no man could fitly be called to account particular springs and buntains rurcontinwally. upon.—The fifth and last point is, that the To proceed therefore : as the occasion, which I whole carriage of the business had no circumwas i he failing of supply by farliament, did stance compulsory. There was no proportion awake the love an/ benevoli nce of those that or rate set down, not so much as by way of a were at hand to give; so it was apprehended wish; there was no menace of any that should and thought fit by my lords of the council to deny: no reproof of any that did denv; make a proof whether the occasion and exam-ceritving of the names of any that had denved. ple both, would not awake those in the coun- Ideed, if men could not content tha mselves to try of the better sort to follow. Whereupon, deny, but thai they must censure and inveigh, their lordships devised and directed letters unt nor to excuse themselves, but they inust accuse the sheritfs and justices, which declared what the state, that is ano her case. But I say, for was done here above, and wished that the denying, no man was apprehended, no or notcountry might be moved, especially men of ed. So that I verily think, that where is none value.--Now, my lords, I beseech you give so subtle a disputer in the controversy of liber
rum arbitrium, that can with all his distinc- 1 phrase, a blaspheming of the king himselt; tions fasten or carp upon the act, but that there setting him forih for a prince perjured in the was free-will in it.-i conclude therefore, my great and solemn oath of his coronation, which lords, that this was a true and pure benevo
is as it were the koot of the diadem; a prince lence; not an imposition called a benevolence, that should be a violator and infringer of the which the statute speaks of; as you shall bear liberties, laws, and customs of the kingdom; a by one of my fellows. There is a great ditie mark for an Henry the 4th; a match for a rence, I tell you, though Pilate would not see Richard the 2d. The second is a slander and it, between “rex Judæorum,' and .se dicens falsification, and wresting of the law of the regem Judæorum.'. And there is a great land gross and palpable: it is truly said by a difference between a benevolence and an ex- civilian, turtura legur, pessima, the torture of action called a benevolence, which the duke of laws is more than the torture of men. The Buckingham speaks of in bis oration to the third is a slander and false charge of the city; and defineth it to be not what the sub- parliament, that they had denied to give to ject of his good-will would give, but what the the king; a point of notorious untruth. And king of his good-will would take. But this, I the last is a slander and taunting of an infinite say, was a benevolence wherein every man had number of the king's loving subjects, that have a prince's prerogative, a negative voice ; and given towards ibis benevolence and free conthis word, ercuse moy, was a plea peremptory: tribution; charging them as accessary and coAnd therefore I do wonder how Mr. I. S. could adjutors to the king's perjury. Nay you leave foul or trouble so clear a fountain. Certainly us not there, but you take upon you a pontifical it was but his own bitterness and unsound hu- habit, and couple your slander with a curse; mours.—Now to the particular charge. Amongst but thanks be to God we have learned sufficiother countries, these letters of the lords came ently out of the scripture, that as the bird flies to the justices of D-shire, who signified the away, so the causeless curse shall not come. contents thereof, and gave directions and ap- For the first of these, which concerns the king, pointments for meetings concerning the busi- I have taken to myself the opening and agness, to several towns and places within that gravation thereof; the other three I have discounty : and amongst the rest, notice was given tributed to my fellows. My lords, I cannot unto the town of A. The mayor'of A. con but enter into this part with some wonder and ceiving that this Mr. I. S. being a principal astonishment, how it should come into the person, and a dweller in that town, was a man heart of a subject of England to vapour forth likely to give both money and good example, such a wicked and venomoos slander against dealt with him to know his inind. He intend the king, whose goodness and grace is comparaing, as it seems, to play prizes, would give no ble, if not incomparable, unto any of the kings answer to the mayor in private, but would take his progenitors. This therefore gives me a just time. The next day then being an appoint- and necessary occasion to do two things: the ment of the justices to meet, be takes occa- one, to make some representation of bis masion, or pretends occasion to be absent, be jesty; such as truly he is found to be in his gocause he would bring his papers upon the vernment, which Mr. I. S. chargeth with violastage: and thereupon takes pen in hand, and tion of laws and liberties: the other, to search instead of excusing himself, siis down and con- and open the depth of Mr. J. S. his offence. triveth a seditious and libellous accusation Both which I will do briefly; because the one, against the king and state, which your lord- I camot expres sufficiently; and the other, I ships shall now hear, and sends it to the will not press 100 far. My lords, I mean to mayor : and withal, because the feather of his make no panegyric or laudative; the king dequill might fly abroad, he gives authority to the lights not in it, neither am I fit for it: but if it mayor to impart it to the justices, if he so were but a counsellor or nobleman, whose name thought good. And now, my lords, because I had suffered, and were to receive some kind of will not mistake or mis-repeat, you shall hear reparation in this liigh court, I would do him the Seditious Libel in the proper terms and that duty as not to pass bis merits and just words thereof.—(Here the papers were read.)- attributes, especially such as are limited with My lords, I know this paper offends your ears the present case, in silence: for it is fit to burn much, and the ears of any good subject; and incense where evil odours have been cast and sorry I am that the times should produce offen- raised. Is it so that king Janies shall be said ces of this nature : but since they do, I would to be a violator of the liberties, laws, and be more sorry they should be passed without custonis of his kingdoirs ? Or is he not rather a severe punishment : non tradite factum,' as noble and constant protector and conservator the verse says, altered a little, “aut si tradatis, of them all? I conceive this consisteih in • facti quoque tradite pænain. If any man have maintaining religion and the true church ; in a mind to discourse of the fact, let him like- maintaining the laws of the kingdom, which is wise discourse of the punishment of the fact. the subject's birth-right; in temperate use of - In this writing, my lords, there appears a the prerogative; in due and free administration monster with four beads, of the progeny of himn of justice, and conservation of the peace of the that is the father of lyes, and takes bis name land. For religion, we must ever acknowledge from slander. The first is a wicked and sedi- in the first place, that we have a king that is rious slander: or, if I shall use the scripture the principal conservator of true religion through