A true relation, of the proceedings against Iohn Ogiluie, a Iesuit, executed at Glasgow, the last of Februarie, anno 1615 Containing sundrie speeches vttered by him at his arraignment, and others, that assisted the commissioners deputed for his triall: with all that passed at his execution.

TO THE READER .

IT hath beene thought needfull that a true and perfect Relation of the whole proceedings against Iohn Ogilvie , a Iesuit , lately executed at GLASGOW , should bee published ; as well for satisfaction of those , who desire to be informed of his behauiour , during the time of his imprisonment , and at his arraigment & execution ; as to obviate the misreportes of the enemies of true Relegion ; who wrest and draw all thinges , without respect of trueth , to their owne aduantage . It is knowne within these few yeeres , Henry Garnet and Edward Oldcorne , English Iesuites , beeing called in question , for that prodigious and damnable Powder-treason ; although it was proved by cleare euidences and their own confessions , vnder their owne handes ; that they were speciall authors and actors in it , and for the same were executed by publicke justice , not in a corner , but in the open Cities of LONDON and WORCESTER : yet ( such is the shamelesse impudencie of that sect ) by printed Apologies they haue beene iustified : and which is more , inserted in a Catalogue of their Martyrs , set foorth at Rome , Anno 1608. by the licence and permission of their superiours . By which maner of doing , what may be expected in this particular , at their handes , any man may easily perceiue . Euery thing they are about to doe ( bee it neuer so great a mischiefe ) they cloake with the mantle of Religion : and if the statutes of the Kingdome ouer-take any of them , either for practises against the King , or sowing the seed of rebellion amongst the subiectes , it must bee supposed ( forsoothe ) they suffer all for religion . Now were it so , and that according to the law , for Masse saying they were punished to the death , they could not glorie in it , nor rightly challenge the crowne of Martyrdome , their masse beeing a vile and idolatrous seruice , flatly disagreeing with the faith of Christ , and trueth of the Gospell . But it is not so , albeit wee haue such statutes , for the restraint of Masse abomination within this Kingdome , they are not able to instance any one , who for the transgressing thereof to this houre hath suffered . His Majesties proceedings with them haue beene more gentle : where death might haue beene inflicted , milder courses haue beene taken : imprisonment for some short time , & banishment foorth of the Realme haue bene the sharpest punishments : so vnwilling was his Highnesse to force , or once to seeme to force the consciences of any men whatsoeuer . And to say that which trueth is , if this vnhappy miscreant , who nowe hath his reward , had not discouered his traiterous minde , openly disauowing his Majesties authoritie and stood to the maintaining of the Popes power , for dethroning kings , and freeing subjects from their oathes of alegeance , hee had felt no harder measure , then others , although the circumstances of his fault , were much greater : but his peruerse speaches , and insolent cariage beyond all credite , his sowing of doctrines , tending to open rebellion , the hande of Iustice could not forbeare . What was it , in the hearing of multitudes of people to affirme , that he would returne or abide in the Kingdome , contrary to the lawes , and his Maiesties commandements ? to value his Highnesse authoritie with his old hatte , & the acts of our Parliament with a rotten figge : to say , it was treason to sweare with the oath of alleageance to the King , and that his Maiestie by vsurping the Popes power , had lost the right of the kingdome . Yet these & diuers other more treasonable speeches he vttered at his arraignement which are set down in the processe , so far as could be remembred : for all could not be kept in mind . I am perswaded the honester minded of those of his own profession , wil in their hearts condemne , & judge him justly to haue suffered : for , praised be God , the Iesuits arte hath not so farre preuailed , in planting such opinions in the hearts of people , but euen amongst the aduersaries themselues , they are many , that doe no wise approue their seditious & proditorie doctrines . And here , to all our Catholickes , ( they will be so called ) in this Kingdome , if nothing further may be obtained , & that still they wil lye in that superstition , wherein they haue bene nuzled , I wish at least so much wisdome , as to beware of Iesuites policies and not to thinke their practises , the cause of the catholicke Church . It is not Religion , as one hath well obserued , they striue for , but soueraignitie : It will not content them to haue the Romish faith , and ceremonies embraced , the crownes of Kings , their scepters and subjects must all be at the Popes deuotion . This is their speciall worke , and the effect of their blinde obedience , that speciall vowe , I meane , which they besides the three vowes common to other orders , vow and sweare at their receptions : To this point runs all their seruice , to make the Pope the lord of all the earth , Emperours , Kings , & Princes his dependants , to be remoued , altered , changed , deposed , and killed , when it pleaseth his holines to giue commission . MARIANA , a Iesuit , counteth it a wholsome meditation , for Kings , to think they may be killed , not only lawfully , but with glory and commendation to the doers . And CAESAR BARONIVS in his Annales , recites Tomo 11. pag . 802. a brieue of Pope VRBAN the second , sent to GODFREDE Bishop of Luca , wherein hee declares , that they are not to be esteemed murtherers , who burning with the zeale of their catholicke mother , kills excommunicates . The words of the Rescript are these : Non illos homicidas arbitramur , qui adversus excommunicatos , zelo catholicae matris ardentes , eorum quoslibet trucidasse contigerit . BELLARMINE that De Pont. 〈◇〉 cap . 6 great Doctor , in his controuersie , De Romano Pontifice , hath these expresse words , Papa potest mutare regna , & uni auferre , atque alteri conferre , tanquam summus princeps spiritualis si id necessarium fuerit ad animarum salutem . That is , the Pope as chiefe spirituall prince , may change kingdomes , & take them away from one , & giue them to another , if it be necessarie for the sauing of soules . But Franciscus Suarius in his late booke intituled , Defensio fidei Catholicae , goes beyond all this , saying , that any , to whom the Pope permits the doing , may kill or expell the King , who is by sentence depriued , or which is all one , if he be declared to haue committed the crime , which by law deserues that penaltie : and if the Pope neglect to giue power , the lawfull successour may take the execution to himselfe , and if hee faile , the communitie of the kingdome succeedes in that right : to wit , to kill and expell him . His wordes are these , Post sententiam condemnatoriam regis , de regni privatione , latam per legitimam potestatem , vel quod perinde est , post sententiam declaratoriam oriminis habentis talem poenam ipso iure impositam , potest ille qui sententiam tulit , vel cui ipse commiserit , regem privare regno , etiam illum interficiendo , si aliter non potuerit . In the same place : Si Paparegem deponat , ab illis tantum poterit expelli , vel interfici quibus ipse id commiserit . Quod Lib . 6. cap . 4. num . 18. si nulli executionem imperet , pertinebit ad legitimum in regno successorem , vel si nullus inventus fuerit ad regnum ipsum spectabit . And that no man should thinke this his priuate opinion , amongst the approbations prefixed to the worke , yee haue in censura Academiae Complutensis this saide , Nihil est in toto hoc opere à nostro omnium sensu discordans , quum de hac re sit omnium nostrum eadem vox , idem animus , eadéque sententia . That is , there is nothing in all this worke , which is not agreeable with our mind , seeing heerein we haue all one voice , one opinion , and one iudgement . Nowe if this bee the minde of all , it is high time they were all met with , and that celeri poena , by a present dispatch . The knightes templars , erected , as is thought , by the princes of France to preserue their conquest in the holy land , when by keeping the rules of their institution in the first yeeres , they had purchased a great reputation of holynesse , and thereby drawne to themselues an infinite wealth , became at last intolerable to kinges , and by one uniforme consent in the councell of Vienna were condemned , & the order abolished . The order was of a longer standing by much then our Iesuites , but to kinges nothing so dangerous . The writers that mention them , do not agree vpon the causes of their generall hatred , and leaue the Reader in suspense , whether iustly they merited exterminion or not : But posteritie shall haue an aduantage in vnderstanding the doctrine of Iesuites by their printed bookes , and their seditious practises , by the attempts they haue made against the estates and liues of princes . Secta haec rebellis est , & nocens regibus . A rebellious sect they are , & hurtfull enemies to kings , cruel assasins , teaching disloyaltie , & plotting the deaths of princes , which all EVROPE , and thou France by the rest canst testifie . O Kings , when shall yee awake , & take it in your harts , to fulfil Gods decree ? When shall yee vindicate your crownes from the vniust usurpations of the priest of Rome ? Shal the disgrace and violence done to some of your sacred persons for euer thus lye vnauenged ? We know it shall not : But GOD hath his day , who will patiently attend . In the meane time I shall wish the Catholikes of this kingdome to consider and looke more deeply in their profession , then they yet haue done . The mysteries of the Romish Religion are not seene at the first . Surely , some of our Papistes doe not know them , especially that principle , which bindes them to obey the Pope against al the world . Propositio haec , Papa potestatem habet ad deponendos reges heretices , & pertinaces , inter dog mata fidei tenenda & credenda est . Infra : Si abjuratur haec potestas , abjuratur catholica fides lib . 6. cap . 8. num , 8. Suarius hath taught them , that it is to be held as an article of faith , that the Pope hath power to depose kings , and that hee who denyes this power to the Pope , denyes the Catholicke faith . By this is there no meane left to be a Catholike , & remaine the Kings loyall subiect . To beleeue the Popes power is such , is vndenyable treason : To refuse it is to renounce Catholick religion : which last I perswade my selfe all true and naturall SCOTS will choose , and of the choise shall it neuer repent them . I beseech GOD to open their eyes that are closed , and giue vs all to bee contented with the Scriptures of GOD , which by them selues are able to perfect vs vnto euery good worke .

Farewell .

A TRVE RELATION , OF THE PROCEEDINGS against IOHN OGILVIE a Iesuit , especially at his arraignement and execution , which was at GLASGOW the last of Februarie , beeing on Tuesday . 1615.

IOHN OGILVIE aliàs WATSON ( for according to the maners of his sect he was multinominis , a man of diuers names ) came into Scotland at Martimes 1613. and making his residence for the most part of that winter , in the North parts of Scotland , tooke his journey to England a litle before Easter . Where , giuing out to some of his Countrey-men , that he had a supplication for some wrongs to present to his Majestie , hee attended the Court , some two moneths ; and falling in acquaintance with a Gentleman of the West countrey , after his pretended businesse was done , or the occasion disappointed , hee returned into Scotland with the saide Gentleman in the beginning of Iune thereafter . Vpon this familiaritie , and other intelligences giuen him , he came to Glasgow in August following ; and finding a kinder receipt by certaine persons in that citie , ( who for that crime haue since bene justly condemned ) then either he expected , or became them to haue granted , he made some haunt and resort thither at sundry times , till at last he was detected , & by the direction of the Archbishop of Glasgow , who at that time kept his residence within the citie , apprehended and committed to prison . It was the fourth of October , a litle after foure of the clocke in the afternoone , when perceaued to bee ouertaken somewhat in company , his examination was differred to the morrow after . There was found with him two or three litle bookes containing directions for confession , his bulget being in the house where he kept at night , was conuoyed out of the way by one of his familiars , and presented the next day after , search beeing made by the magistrates of the citie , therein was found his Masse garments , chalice , altar , and the rest of that stuffe , with letters not fit at this time to bee divulgate , Amongst others , a warrand to dispense with those who possest Church-liuings , after this tenor , quo ad dispensationem de bonis ecclesiasticis poteris dispensare ut retineant quae possident , dummodo in pios usus aliquid impendant pro iudicio Confessarii dispensantis . Hee had in the samin maile diuerse Reliques , peeces of wood , bones , and a tufte of IGNATIVS haire , the founder of the Iesuites order which I thinke was his chiefest iewell .

In his examination which was the next morning , before the Archbishop of Glasgow , the Bishop of Argyle , the Lords Fleming , Boyde , and Kilsyth , the Prouest of the citie of Glasgow , Sr. WALTER STEWART , & Sr. GEORGE ELPHINGSTON , knights , he confessed his true name to be IOHN OGILVIE , that he was borne in the North of Scotland , & had bene foorth of the Countrey 21 yeeres , that hee liued at Grats , in a colledge of the Iesuites , and was receiued in their Order , that he returned into Scotland by the command of his superiour , and was to stay there vntill hee were recalled , if no other impediment should offer . Being required to giue his oath , that he shuld declare nothing but trueth , in such things as he should be demanded : hee answered , that he would take oath , but with some exceptions , namely , if hee were demanded in any thing that touched his estate and life , or that might indanger these or any of them he would not answere , likewise if the same tended to the preiudice of others . And when it was replied that his exceptions being admitted , his oath was as good as no oath , seeing any questions that could bee proposed , would concerne some of these : he was induced at last to giue a simple oath , which he did vpon his knees : & rising vp from the ground , said , I will neither lie nor aequiuocate , but what I say shal be truth , & what I am asked , if I find it impertinent for me to answere , I will say nothing , or declare plainly I will not tel .

Then being inquired of his comming in Scotland , the time , & busines he came to do , answered , his busines waste saue soules . Touching the time when he came into Scotland , answered , In the Iune before : where hee was deprehended to aequiuocate , notwithstanding of his protestation : for he meaned of his last comming , & was asked concerning the first . But the time at that examination was not vnderstood . Being inquired of the places where he had bene receiued , denyed to tel , & if he had said Masse in any place , he answered , hee would not say any thing that might worke preiudice to himselfe or others : and because he had professed , that hee would not lie , the reply he commonly made to such questions , was , I will not tell you .

The lordes finding him thus obstinate , returned him to a chamber in the Castle , which was prepared for him , nothing lacking that was requisite for one of his qualitie , and there hee was kept to the 8. of December . Now and then conference was giuen him by diuers of the Ministers , in all which , heate & choler was espyed much to ouer-rule him . The Schole distinctions he had in readinesse , and thereby , when hee could not shift the argument , made semblance to euade . But of holy Scripture ( as he seemed , not to be well acquainted therewith ) hee made litle reckoning , denying it still , after the Iesuites maner , to bee the onely rule of faith .

The 12. of December he was presented at Edinburgh , before the lords Commissioners , appointed by his Majesties missiue for his examination & tryall : namely , the lord of Binning , secretary , the lord of Kilsyth , Sir Gidion Murray , the saurer deputie , and Sir William Oliphant , his Maiesties Atturney generall : to whom he answered in al that was proponed , as of before at Glasgow . There the letters intercepted with him , were presented , which he acknowledged to be his : yet beeing demanded touching certain particulars contained in them , he denyed to giue their lordships any satisfaction : And howbeit there was no perswasion omitted , that might haue induced any good nature to a better resolution , it auailed not . So as their lordships perceiuing nothing , but a pertinacious refusing in him , to answere to points most reasonable , and with all apprehending his stay at Court in the last summer , to haue bene for some worse seruice then he could speede in , determined , according to the power giuen thē , to extort by torments another comfession : which being intimated to him , & he replying that he was ready to suffer what they pleased , it was thought fit to proue him with the most easiest forme of tryall that could be used . And here it being remembred , that in the tryal of some criminal persons , it was found that nothing helped more to find out the trueth of the faults wherewith they were charged , then the with holding of their naturall rest : it was aduised , that he should bee kept without sleepe for some nights , which was accordingly done : and during which time it was perceiued , that hee remitted much of his former obstinacie , and falling to discouer certaine of his receauers in Edinburgh , gaue hope , that by gentle usage hee would bee drawne to giue their lordships contentment .

In the meane time , CHRISTMASSE approaching , at which time there is an ordinarie cessation from the affaires of Counsell and Session , the Archbishop of Glasgow beeing to repaire homewards , and vnwilling to discharge himselfe of that prisoner , till hee might at leasure worke him to a better minde , obtained the fauour of their L. to retaine him in his companie for a fourth-night after , or till hee shoulde returne himselfe to Edinburgh .

It pleased his Ma. in this time whiles he was remaining at Glasgow to send a commission to the Archbishop of Glasgow , the Lord Bishop of Argyle , the Lord Fleming , Sr. George Elphingston , and Iames Hammilton Prouest of the citie of Glasgow , for trying the said Iesuit : his opinion touching his Highnesse Royal power , and the Popes claimed jurisdiction , maintained by Bellarmine , Suarius and others of that sort . The questions were these .

1. Whether the Pope be iudge , and haue power in spiritualibus ouer his Maiestie , and whether that power will reach ouer his Maiestie euen in temporalibus , if it be in ordine ad spiritualia , as Bellarmine affirmeth . 2. Whether the Pope haue power to excommunicate Kings , ( especially such as are not of his Church ) as his Maiestie . 3. Whether the Pope haue power to depose Kings , by him excommunicated ? and in particular , Whether he haue power to depose the King his Maiesty ? 4. Whether it be no murther to slay his Maiesty , being so excommunicated and deposed by the Pope ? 5. Whether the Pope haue power to assoyle subiects from the oath of their borne and natural allegeance to his Maiestie ?

Vpon the 18. day of Ianuarie , the foresaid questions being red distinctly vnto him , & he required to declare his opinion thereanent , answered as followeth :

To the first , that hee thought the Pope of Rome , Iudge to his Maiestie , and to haue power ouer him in spiritualibus , if the King bee a Christian : and where it is asked , if that power will reach ouer his Maiestie in temporalibus , hee sayes hee is not oblished to declare his opinion therein , except to him that is Iudge in controversies of Religion , which hee acknowledges to bee the Pope , or some one , hauing authoritie of him .

To the second hee answereth , that the Pope hath power to excommunicate his Maiestie : and where it is said , that the King is not of the Pope his Church ; hee saieth , that all who are baptized , are vnder the Popes power .

To the third , where it is asked if the Pope haue power to depose his Maiestie , beeing excommunicated , answereth , that hee will not declare his mind , except to him that is Iudge in controuersies of Religion .

To the fourth , whether it bee lawfull to slay his Maiestie , beeing excommunicated and deposed by the Pope ? answereth ut supra .

To the fift , whether the Pope hath power to assoile subiects from their borne and naturall allegeance to his Maiestie ? answereth ut supra .

In all these Articles he was particularly resoned with , by the Archbishop of Glasgow , Mr. Robert Boyd principal of the College , a man of rare erudition , & Mr. Robert Scot one of the Ministers of the citie ; where it was also signified vnto him , that it concerned him in no lesse then his life , what answere he should make , if he should stand obstinate in these he had giuen , he might know what fauour was to be expected for his other crimes . Not the lesse ratifying all that formerly was said , hee added this further , that hee condemned the oathes of supremacie and allegeance proponed to be sworne in ENGLAND , & would needes haue the writer to insert those wordes , to all which hee put his hand , subscribing thus ,

Iohannes Ogilveus , societatis IESU .

These answeres beeing sent to his Majestie , vnder the testification of the foresaide Commissioners , his highnesse gaue order to the lordes of the priuie Counsell , for his triall , which was appointed to be at Glasgow , the last of Februarie . Immediately after the Archbishop of Glasgow directed the Prouest and Baylies of the citie vnto him , to signifie , that tuesday following was appointed for his Arraignment , and that hee woulde not bee accused for Masse saying , or any thing else that concerned his profession , but for the answeres that hee had made to the demands proposed to him by his Maiesties Commissioners . They declared also , that if hee should vpon better resolution recall those answeres , and apply himselfe to giue his Maiestie satisfaction in other points , which of duetie hee was oblished vnto , the said Archbishop would vse his credite with his highnesse , and the lordes of the priuie counsell for his safetie . His answere was , that he thanked his lordship , for the good will and kindnesse offered , but he was so little minded to recall any thing hee had said , as when hee came to the place , hee would make a Commentarie vpon his answeres .

The Ministers of Glasgow , accompanied with maister William Struthers , one of the Ministers of Edinburgh , did also visite him , some two dayes before , aduising him to the same purpose , and offering him their best counsell and comfort . His answere was , that he had resolved what to doe , and if hee stoode in neede of their comfort , hee shoulde advertise .

The Earle of Lowthiane trusting by conference to bring him to a better minde , went vnto him at diuers times , using many persuasions to draw him from his obstinate course : but nothing could preuaile with him , as in the proceedings ye shall perceiue .

The Araignement of IOHN OGILVIE , Iesuit , on Tuesday the last of Februarie , in the townehouse of Glasgow , Before IAMES HAMMILTON Prouest of Glasgow , IAMES BELL , COLINE CAMPBELL , and IAMES BRADWOOD , Baylies of the citie , Iustices appointed by speciall commission for that busines , by the Lords of priuie Councell . The foresaid Iudges being assisted by the honourable Lords there present : IOHN , Archbishop of Glasgow , IAMES , Marques of Hammilton , ROBERT , Earle of Lowthiane , WILLIAM , Lord Sanquhar . IOHN , Lord Fleming , ROBERT , Lord Boyde , And Sir WALTER STEWART , Baylie deputie of the Regalitie of Glasgow .

On Tuesday , the last of Februarie a litle after 11. of the clocke in the forenoone , the Court beeing set , Mr. WILLIAM HAY of Baro Commissar of Glasgow , deputed by speciall commission from Sr. WILLIAM OLIPHANT of Newton , his Majesties Atturney generall , produced the inditement following : together with the citation vsed against those , who were to passe vpon the jurie , and the roll of their particular names , subscribed with his hand , according to the custome obserued in those cases .

The Inditement of IOHN OGILVIE Iesuit , after the forme of the law of SCOTLAND .

IOHN OGILVIE , by your subscription , a priest of the late execrable order of Iesuits , you are indited & accused , That for asmuch as GOD the author of all righteous gouernement , hauing established Kings , and Magistrats his lieuetenants vpon earth , for repressing of violence , oppression , and vice , and the promouing of pietie and justice , hath in his particular grace and fauour blessed this Countrey with a more ancient , just and permanent descent of lawfull Kings , then any other nation of the world , and extended our felicitie beyond the happines of our antecessors , by the justice , wisdome , and clemencie of his Maiesties prosperous reigne , and hath not onely rewarded his Maiesties zeale and righteousnes with wealth and peace , but also honoured and strengthened him with the accession of the most mightie and flourishing kingdomes of England , France , and Ireland . Which visible fauours proceeding directly from GODS most bountifull hand , mooued the whole Estates of this kingdome assembled in the Parliament holden at Perth , the 9. of Iulie 1606. To acknowledge his Maiesties soveraigne authoritie , Princely power , Royall prerogatiue , and priuiledge of his crowne ouer all estates persons , and causes whatsoeuer , within the kingdome : And all in one voice faithfully to promise , maintaine , defend , obey & aduance the life , safetie , honour , dignitie , soueraigne authoritie , & prerogatiue royall of his sacred Majestie , and priuiledges of his Crowne : And to with-stand all persons , powers & estates , who should presume , preasse , or intend any wayes to impugne , hurt , or impaire the same : As also his Majestie , with aduise of the whole estates of this Kingdome , in the Parliament holden at Edinburgh , the 22. day of May , ANNO 1584 ratified , approued , and perpetually confimed , his Majesties royall power and authoritie ouer all estates , as well spiritual as temporall , within this Realme : And statuted and ordained , that his Highnesse , his heyres and successours , by themselues & their Counselles , were , and in all times comming should bee , Iudges , competent to all persons his Highnesse subjectes , of whatsoeuer estate , degree , function or condition , that euer they be of , spiritual or temporall , in all matters wherein they or any of them should bee apprehended , summoned , or charged to answere vnto such things as should be inquired of thē by our said soueraigne Lord & his Counsell : And that none of them who should be apprehended , called , or summoned , to the effect foresaid , should presume or take in hand , To decline the Iudgement of his Highnesse , his hayres and successours , or their Counsell in the premisses , vnder the paine of treason : And likewise by the 48. Act of King IAMES the first his Parliament , and diuers other Parliaments thereafter : It is ordained , that all the King his lieges liue , and be gouerned vnder the kings lawes and statutes , and vnder no lawes of other Countries & Realmes , vnder the paines of treason , & other , particularly expressed in the Acts before mentioned , & other lawes of this kingdome . Notwithstanding whereof it is of trueth and veritie , that you hauing renounced your naturall allegeance and duetie to your Natiue and righteous King , and cast off all reuerence , respect , and obedience to his soueraigne authoritie and lawes , and dedicated your mind and actions to the vnlawfull obedience of forraine powers , aduerfaries to his Majestie , and resoluing , so farre as in you lieth , to seduce to his Majesties subjectes from the faith & allegeance due to his Majestie , Repaired to his countrey in the monthe of Iune last past , or thereabout , And by your conferences , intisements , auricular confessions , Masse saying , and other subtle & craftie meanes , indeuoured your selfe not onely to corrupt many of his Maiesties lieges in religion : but also to peruert them from their duetifull obedience due to his Majestie , till you were discouered and apprehended by the Archbishop of Glasgow , who with diuers his Majesties Counsellers and others his good subjectes , used all Christian and charitable meanes to bring you to the sense of your hainous offences and desire of amendment thereof : But they losing all their well-intended labours , were ( in respect of your peruerse obstinacie ) commanded by his Majestie , to enter to your examination , & the tryall of your hainous crimes and transgressions . And especially the saide Archbishop of Glasgow , and many others of good ranke and qualitie adjoined to him , by his Majestie , for your examination , hauing vpon the 18. day of Ianuarie last , called you before them , to examine you vpon some particular interrogatories , prescriued by his Majestie , to be demanded of you : as directly concerning his Majesties moste sacred person , life , Crowne , and estate . And chiefly you beeing demanded by them , whether the Pope hath power to depose Kinges , beeing excommunicated ? And in particular , If he haue power to depose the Kings Majestie , our soueraigne , being excommunicated by him ? You answered treasonably , that you woulde not declare your mind , except to him that is Iudge in the controuersies of Religion , whom ( by your answere made to the latter part of the first interrogatorie , demanded of you that day ) you declared to bee the Pope , or any , hauing authoritie from him : Albeit by the Acts of Parliament and lawes of this Realme , made in the yeeres of GOD 1560. and 1567. It is statuted and ordained , that the Bishop of Rome ( called the Pope ) shall haue no Iurisdiction nor authoritie within this Realme , in any time comming : And thereby not onely declined treasonably his Majesties Iurisdiction , allowing of the Popes Iurisdiction , which is discharged by Acts of Parliament , as said is : but hath committed most damnable and high treason , in not acknowledging that the Pope hath no power to depose his Majestie , who holding his Crowne and authoritie absolutely , souerainly and immediatly of GOD , may not be deposed by any earthly person , power , or authoritie . And thereafter you being demanded , If it be lawfull to slay his Majesty , being excommunicated and deposed by the Pope ? you answered . ut supra : which was , that you woulde not declare your mind till you were before the Pope , or others hauing authoritie from him : Thereby not onely declining treasonably his Maiesties jurisdiction & authoritie royall : But by your not answering clearely , that it is altogether vnlawfull , damnable , and diabolicall , once to thinke that it is lawfull to slay his most sacred Majestie , you haue committed most hainous , pernicious , and vnpardonable treason . And lastly , beeing demanded , if the Pope had power to assoile his Maiesties borne subiectes from their naturall allegeance , you answered , ut supra : and thereby both declined treasonably his Highnes iurisdiction & authoritie royall , in refusing to answere before his Maiest . Counsellers & Commissioners foresaid , in one matter meerely concerning his royal power ouer his people , & their subiection to his Maiestie : and also committed wilfull and detestable treason , in not acknowledging professedly and presently , that none on earth had power to assoile his Maiest subiects from their naturall subiection and allegeance to him . But that it may bee knowne that your treason proceeded of forethought fellonie , and obstinate resolution , you freely and vnrequiredly did adde to your foresaid answeres this damnable conclusion , that you condemned the oathes of supremacie and allegeance giuen to his Maiest by his subiects in his Dominions : wherby it is apparent , that your erand to this Countrie , hath beene to infect his Highnesse subiects , with the poison of your pestilent and treasonable opinion foresaid , to the subuersion of Religion , ouerthrow of his Maiesties authoritie and Crown , and destruction of his most sacred And albeit the course of all his Maiesties life and reigne , hath manifested , how vnwilling hee hath euer beene to use the seueritie of his Lawes against those who hath said & heard Masse , and otherwise controuened the Acts of Parliament made against idolatrous papistrie , and practisers thereof within this Kingdome , desiring rather to reclaime them by instruction , from their errours , to the knowledge and profession of the trueth : And when he found them obdurat , and of desperate resolution , relieuing the Countrie of the dangerous progresse of their courses , by their imprisonment and banishment , whereof you had such experience in the persones of your owne complices , condemned for their manifest crymes , as might verie probablie haue made you to haue expected the like : if anie memorie of your natiue duetie and borne allegeance had possessed your mind : But you beeing altogether destitute thereof , by the three last Articles of your depositions aboue written , you haue so plainely discouered , that you professedly approue the meanes , and wish the effect of the ouer-throwe of his Maiesties estate , the destruction of his Highnesse person , and seduction of his natiue subiectes , from their subjection , and duetifull obedience : that thereby , and by euery one of your foresaide answeres , you haue committed moste hainous , detestable , and vnpardonable treason , and deseruedly incurred the most rigorous paines thereof to be executed vpon your body , lands , and goods with all extremitie to the terrour of others .

The Inditement being read , Maister William Hay , substitute for his Maiesties Atturney , opened the same , to the effect following .

ALbeit the inditement of it selfe be cleare enough , and representeth sufficiently to my Lordes Iustices , their honourable Lordships heere assisting , and to your selfe IOHN OGILVIE , who standes there accused , the weight and gravitie of the crime by you committed , yet I shall resume it to you in few words , that your answeres may be the more distinct , and without mistaking .

You are not accused of saying Masse , nor of seducing his Maiesties subiectes to a contrarie religion , nor of any point touching you in conscience properly , but for declining his Maiesties authoritie , against the lawes and statutes of the land , and for maintaining treasonable opinions : such as we of this Realme haue not heard by any auowed . The statutes mentioned in your inditement , make it treason not to answere the Kings Maiestie , or his counsell in any matter which shall be demanded : You beeing examined by my Lord Archbishop of Glasgow , and other honourable persons adioyned to him by his Maiesties speciall commission , refused to answere vnto diuers interrogatories proponed to you by their Lordships , & at the same time professedly auouched the Pope of Rome his iurisdiction , which by the lawes of the Countrie is many yeeres since plainly discharged : Therefore haue you incurred the penaltie contained in the statutes , and the samine ought and should be executed vpon you .

It is further laid vnto your charge , that you being demanded in the particulars , namely , Whether the Pope hath power to depose the Kings Maiestie , our soueraigne ? Secondly , Whether it be lawfull to slay his Maiestie , beeing deposed by the Pope ? Thirdly , Whether the Pope hath power to assoile his Maiesties subiects , from their naturall allegeance , or not ? you denied to giue any answere , touching any of these points , except yee were inquired thereof by the Pope , or others , hauing authoritie from him : and so not acknowledging , that his Maiesties Crowne and authoritie is helde immediately and souerainely of GOD , the author of all gouernement : that it is detestable once to thinke , that his sacred Maiestie may bee lawfully killed , and that no man hath power to assoile his Maiesties subjectes from their naturall allegeance to his Highnesse : You haue in these points , and euery one of them , committed moste hainous treason : for the which what you say in your owne defense I see not . And yet further that it may be seene , how desperate your resolution is in al these points , althogh you were not required concerning the oaths of supremacy & allegeance giuen to his Maiestie , by his subiectes , ye freely & out of your owne motiues , condemned these oathes , as impious and vnlawfull . Thereby hath it appeared what a wicked and treasonable mind you foster against his Maiestie , our Soueraigne . If you should deny it , heere are your answeres subscribed with your owne hand , which ye cannot but acknowledge : them I desire to bee read , as likewise the seuerall statutes of Parliament , which you are alledged to haue rransgressed , and thereafter , since his Maiestie is pleased , that the ordinarie course of tryall be kept vnto you : you shall haue libertie to say for your selfe , either against the relevancie of the Inditement , or verification produced , what you thinke best .

Then were read the statutes of Parliament , mentioned in the Inditement , and the said Iohn Ogilvies answeres to the demands proponed vnto him , which he acknowledged for his owne , and the subscritpion thereto subioyned : after which , hauing licence of the Court to say what hee coulde for himselfe , hee spake to this effect :

FIrst vnder protestation , that I doe no way acknowledge this Iudgement , nor receiue you , that haue that commission there produced , for my Iudges , I deny any point laid against me to be treason : for if it were treason , it would bee treason in all places , and in all Kingdomes : but that , saith he , is knowne not to be so . As for your actes of Parliament , they are made by a number of partiall men , the best of the Land not agreeing with them , and of matters not subiect to their forum , or Iudicatorie , for which I will not giue a rotten figge .

Where I am thought an enemie to the Kings Maiesties authoritie , I knowe none other authoritie he hath , but that which he receiued from his predecessors , who acknowledged the Pope of Rome his iurisdiction . If the King , saith he , will be to me as his predecessors were to mine , I will obey and acknowledge him for my King , but if he doe otherwise , and play the runneagate from God ; as he and you all doe , I will not acknowledge him more then this olde hatte .

Heere the Archbishop of Glasgow interrupted his speech , desiring him to deliuer his minde in a greater calme , and with more reuerent speeches of his Maiestie ( for he vttered those things in a vehement passion , and as one transported with fury ) hee remembred him that hee was accused vpon his life , before Iudges that were authorized by his Maiesties commission : to decline the iudgement , or raile against his Maiesties authoritie was bootlesse , and in a man of his profession , being an Ecclesiasticke , very scandalous . He should rather take another course to amend what he had offended in , and recall his former answeres , if they had not proceeded from a deliberate purpose , or if hee were resolute to maintaine them , to doe it with reason , and in a moderate sort , that this were his best , either for iustifying himselfe , and the opinions he held , or for mouing the Iudges , and their Lordships that were assisting to commiserat his case : he aduertised him withall to be more temperate in his speeches concerning his Maiestie , otherwise he would not be licenced thus to offend .

To this , Ogilvie made some litle answere , that hee would take the aduertisement , and speake more coldly : howbeit hee would neuer acknowledge the Iudgement , nor thinke they had power to sit on his life , but said , And for the reuerence I doe you , to stand bare-headed before you , I let you know it is , ad redemptionem vexationis , & non ad agnitionem Iudicii .

The Aduocate here insisted , that seeing all his answeres tended to decline the Iudgement , and that hee brought no reason why the Inditement should not goe to a tryall , that the Iurie should be chosen and sworne at the Barre , according to the custome .

THE NAMES OF THE IURIE . Sir GEORGE ELPHINGSTON , of Blythswood , Sir THOMAS BOYD , of Boneshaw , Sir IAMES EDMESTON , of Duntraith , elder , IAMES MURHEAD , of Lachop , IAMES ROBERTON , of Ernock , HEW CRAWFURD , of Iordane-hill , IOHN CARSCHORE , of that Ilk , HEW KENNEDY , Prouest of Aire , WILLIAM MAKARREL , of Hil-house , IAMES BLAIRE , Baylie of Aire , IOHN DUNLOP , of Powmilne , IOHN STEWART , Burges of Aire , IOHN DUMBAR , Burges there , IAMES IOHNSTON , Burges there , IOHN CUNNINGHAM , of Rawes .

It was allowed the prisoner to challenge any of the fore-named persons , and to oppose vnto their admission : who said , he had but one exception for them all : they were either enemies to his cause , or friendes : if enemies , they coulde not bee admitted vpon his triall , and if they were his friends , they should stand prisoners at the Barre with him .

The Iurie being knowne to be all discrete and substantiall persons , were instantly sworne and admitted .

Then was the Inditement read againe , in the hearing of the Iurie , and the euidences shewed them for verification thereof , which of before were produced . And the prisoner beeing of new remembred to say what hee woulde for himselfe , for the better information of the Iurie , spake these things following :

I Wish these Gentlemen to consider well what they doe . I cannot bee tried nor iudged by them , and whatsoeuer I suffer here , it is by way of iniurie , and not of iudgement . Iniuria est , non iudicium . I am accused of treason , but haue done none offence , neither will I begge mercy .

This is strange , sayeth the Archbishop , you haue done none offence , and yet you are come in his Maiesties Kingdome , and hath laboured to peruert his Highnesse subjects : both of these are against the law : In this haue ye not offended ?

Not , he answereth , I came by commandement , and if I were euen now foorth of the Kingdome , I should returne : neither doe I repent any thing , but that I haue not bene so busie as I should , in that which yee call peruerting . I hope to come to Glasgow , againe , and to doe more good in it : if all the haires of mine head were priestes , they should all come into the Kingdome .

And doe you not , sayeth the Archbishop , esteeme it a fault to goe against the King , his commandement , especially in this point of discharging you his Kingdome . If a King haue any power within his kingdome , it seemes hee may rid himselfe and his countrey of those with whom he is offended , and it sauoures of great rebellion to say otherwise .

To this OGILVIE replyed , I am a subiect as free , as the King is a King : he cannot discharge me , if I be not an offender , which I am not , and beeing asked , for what offences he might be discharged by the King , answered , in the cases of theft and murther .

All this while said the Archbishop , you come not to answere any thing to the points of your inditement . Why did you decline his Maiesties authoritie , & refused to shew your opinion anent the Pope , his power in deposing Kings , and loosing subiects from their oath of allegiance ? & when it was asked you , if it were lawfull toslay the King , being deposed , and excommunicated by the Pope , which any loyall hearted subiect will abhorre to thinke of , why did you not simply condemne it as vnlawfull ? for in that you doe not condemne it , you shewe your selfe of the opinion of the rest of your sect , who in their bookes maintaine , that it is both lawfull and commendable to slay Kings , if the Popes commission goe foorth once for it .

For the declining of the Kings authoritie , sayeth he , I will doe it still im matters of religion : for with such matters hee hath nothing to doe : neither haue I done any other thing , but that which the ministers did at Dundie : they would not acknowledge his Maiesties authoritie in spirituall matters more then I , and the best ministers of the land are still of that minde , and if they be wise , will continue so .

The Archbishop replied , that he was mistaken , both in the place and matter : for it was not at Dundie but Aberdine , where eight ministers , meeting to a general assemblie , contended not against the Kinges authoritie , but that the assemblie called to that place and time , could not be discharged by his Maiesties Commissioner : neither should the fact of a few , take it at the worst , be esteemed the deed of the whole . These haue bene punished for their offences , & some of them haue confessed their errour , and bene graciously pardoned by his Maiestie : all good Ministers professe otherwise , & our Religion teacheth vs to acknowledge his Maiestie our onely supreame Iudge in all causes . The King is keeper of both Tables , & his place beares him not onely to the ruling of his subiects in iustice , and preseruing equitie amongst them : but euen to maintaine Religion and GODS pure worship , of which he should haue principal care . Your lord the Pope , hath not onely denyed this authoritie to Kings , which GOD giueth them , but usurpeth to himselfe a power of deposing and killing when hee is displeased , and it were the lesse to be regarded , if this his usurpation had gone no further then your pennes : but you haue entred , by this pretended right , the throats of the greatest Kings , as your practise vpon the two last HENRIES of FRANCE beares witnesse : You are not able to lay such imputation vpon vs , nor our profession , which teaches , that next vnto GOD Almightie all men are bounde to feare , serue , and honour their Kinges . But what answere you , touching these demandes ? Hath the Pope power to depose the King ? or is it not murther to kill him , being deposed by the Pope ?

I refused of before , said hee , to answere such questions , because in answering I should acknowledge you Iudges in controuersies of Religion , which I doe not . I will not cast holy things to dogges .

And is it said the Archbishop , a point of faith , that the Pope may depose his Maiestie ? or doe you thinke it a controuersie in Religion , Whether his Maiestie ( whom GOD saue ) may be lawfully killed or not ?

To this Ogilvie replied , It is a question amongst the Doctrous of the Church , and many hold the affirmatiue not improbably : a Councill hath not yet determined the point : and if it shall bee concluded by the Church , that the Pope hath such power , I will giue my life in defence of it , and if I had a thousand liues , I would bestowe them that way , if they will make an article of faith of it . Being vrged to declare his owne opinion , especially in that point , whether it were murther , to kill his Maiestie , being deposed by the Pope , he answered , that he would not say it were vnlawfull though he should saue his life by it . Then going on with a long speech of the Pope his power , affirmed the King to be subject to him by the vertue of Christes saying to PETER , Pasce oves meas . That if the King offended against the catholicke Church , the Pope might punish him aswell as a shepheard or the poorest fellow in the conntrey . That in abrogating the Popes authoritie , the estates of Parliament had gone beyond their limites , and that the King in vsurping the Popes right , had lost his owne . Nam qui rapit jus alienum , sayeth he , perdit jus ad suum .

Beeing asked touching the oath of allegeance , why hee did condemne it , and the samine being read vnto him , he said , It was a damnable oath , against God , and his trueth , and that it was treason to sweare it : because it brought the Kings person and state in danger : since this kingdome , sayeth he , was Christian , the Popes supreme power was alwayes acknowledged : this beeing cast off , ( as wee see in the act of your Parliament ) against all reason and conscience , and subiectes forced to sweare to a matter so vnlawfull , what maruell that attemptes and dangerous courses be taken against him . Iustissima lex est , ut quae agit aliquis , talia patiatur . But would the King leaue off his vsurping vpon the Pope , hee might liue without feare , aswell as the king of Spaine , or any other Christian prince : and with this hee intermixed some speeches of his owne seruice & the seruice of other Iesuits done to his Maiestie , whereof hee saide , Neuher Bishop , nor Minister , nor all the Bishops and Ministers in his Maiesties kingdomes had done , or could doe the like .

The further hee proceeded in speaking , his speeches still grew to bee the more intollerable : therefore the Archbishop of Glasgow willing him to make an ende , did close all with some wordes to the Iurie , to this effect . Gentlemen , and others , who are named vpon this assise , though I minded to haue saide nothing , but sitten heere a witnesse of the proceeding , I haue beene forced by his proud and impudent speeches , somewhat to replie , and must with your patience say a little more . It is this same day , two and twentie weekes past , that this prisoner fell into mine handes , since that time hee hath had leasure to thinke enough what course was fittest for himselfe to take , for satisfying his Maiestie whome he had offended : neither hath hee lacked counsell and aduise , the best that wee could giue him . Besides , hee hath found on our parte nothing , but courteous dealing , and better intertainement , then ( I must now say it ) he hath deserued . Mine owne hopes were , that hee would haue followed another course , then I see hee hath taken , and not stande to the answeres , which hee made to those demandes , which were moued vnto him , by his Majesties Commissioners , and you haue seene : But if his answeres at the first were treasonable , they are nowe so little bettered , as in all your hearinges , hee hath vttered speeches moste detestable , made a Commentarie worse then the text was , and shewed himselfe to carrie the minde of an arrant and desperate traitour . You perceiue he obscures not his affection towardes the Kinges Majestie , our Soueraigne , in all his speeches , preferring the Pope to his Majestie : And which is more intollerable , affirmeth the Kinges Maistie , to haue lost the right of his Kingdome , by usurping vpon the Pope . Hee will not say , it is vnlawfull to kill his Maiestie , hee sayeth , it is treason for subiectes to sweare the oath of allegeance , and meaneth so much in his last wordes , as the Kinges Majesties life and estate cannot bee assured , except hee render himselfe the Popes Vassall .

Thus hath hee left you little to doe : except that his Majesties pleasure is , the ordinarie forme bee kept with him , you shoulde neuer neede once to remoue : all his speeches haue beene so stuffed with treason , that I am sure the patience of the Noble-men , and others heere present , hath beene much prouoked .

In al that he hath said , I can marke but two things alledged by him , for the Popes authoritie ouer Kinges , the wordes of our Sauiour to Saint Peter , Pasce oues meas , Feede my sheepe : And the subjection of Kinges , especially of our Kinges , since the Kingdome became Christian , to the Pope : for the wordes of our Sauiour , howe little they serue his purpose , I haue no neede to tell you . To feed the sheepe of CHRIST , is not , I hope , to depose Kinges from their estates , nor to inflame the heartes of subjectes , against Princes : much lesse to kill and dispatch them : Wee are better taught , then to bee deceiued with such glosses . Saint Peter made neuer that sense of those wordes , and teacheth vs a farre other doctrine , in his first Epistle , fift Chapter , and second and third verse .

I will not spende time with such purpose , onely this I muste saye , that whatsoeuer was Saint Peters prerogatiue , the Pope of Rome hath nothing to doe with it : for hee cannot bee Saint Peters successour , that hath forsaken his doctrine , and gone against his practise directly , both in that and other points of Christian faith . And for the antiquitie of his usurped power , I may justly say , that Master Ogilvie is not well seene in antiquitie , or then speaketh against his knowledge , when hee saieth , that this power of the Pope was euer acknowledged by Christian Kinges : The Bishops of Rome , for many yeeres , made no such claime , neither did Emperours or Kinges euer dreame of such subjection : Long it was ere the Pope of Rome came to the height of commanding Kinges , and not till hee had oppressed the Church , vnder the pretext of Saint Pieters keys , bearing downe all the Bishops within Christendome : Which hauing done , then , hee made his inuasion vpon Princes , and that by degrees . The Histories of all Ages make this plaine , and the resisting hee found by Kinges in their Kingdomes , testifieth that they neuer acknowledged his superioritie . Of our owne , howbeit as wee lye farre from his seat , so had wee lesse businesse and fewer occasions of contradiction : yet can I make it seene in diuers particulars , when any question fell out anent the prouision of Bishops and Archbisshops to their places , the Bulles of Rome were so little respected , as the Kinges predecessours haue alwayes preferred and borne out their owne choice , and the interdictions made vpon the Realme , by these occasions , not without some imputation of weakenesse to the sea Apostolicke , haue beene recalled . The superstitions of Rome were amongst vs last embraced , and with the first , by the mercies of GOD shaken off : Whatsoeuer you bragge of your antiquitie , it is false , both in this & all the pointes of your Profession else , which I coulde cleare , if this time or place were fitting . But to you , of this Iurie , I haue this only more to say , You are to inquire vpon the veritie of the Inditement , whether such & such things as are alledged to bee committed by him , haue beene so or not : you haue his subscription , which hee acknowledgeth , you heare him selfe , and how hee hath moste treasonably disauowed his Majesties authoritie : It concernes you onely to pronounce as you shall finde verified by the speeches that you haue heard , and the testimonies produced . For the rest , the Iustices knowe sufficiently what to doe , and will serue GOD and his Majestie , according to the commission giuen them .

Maister William Hay , Aduocate for his Majestie , asked instrumentes vpon the prisoners treasonable speeches , vttered in the hearing of the Iurie , and his ratification of the former answeres , made to his Majesties Commissioners : Likewise for the further clearing of the Inditement , repeated the Actes of Parliament mentioned in the saide Inditement , with the Act of Priuie Counsell , made anent his Majesties supremacie , and the oath of allegeance : And desired the Iurie deepely to weigh and consider the peruerse and diuelish disposion of the partie accused : To the effect they might without scruple proceede in his conuiction . And according to his place , protested for wilfull errour , if they should acquite him of any point contained in the saide Inditement .

The persons named vpon the Iurie , remoued to the higher house , which was prepared for them , and hauing elected Sir GEORGE ELPHINGSTONE , Chancellar , all in one voice founde the prisoner guiltie of the whole treasonable crimes contained in the Inditement .

Which beeing reported by the saide Sir GEORGE ELPHINGSTON , and confirmed by the whole Iurie , then returned into the Court , judgement was giuen , by direction of the Iustices , That the saide IOHN OGILVIE , for the treasons by him committed , shoulde bee hanged and quartered .

The Arch-bishop of Glasgow demanded , if Ogilvie would say any thing else ?

Ogilvie answered , No , my lord , But I giue your lordship thankes for your kindnesse , and will desire your hand .

The Arch-bishop said , If you shall acknowledge your faulte done to his Majestie , and craue GOD and his Highnesse pardon , I will giue you both hand and heart , for I wish you to die a good Christian .

Then Ogilvie asked , If hee should bee licensed to speake vnto the people ?

The Arch-bishop answered , If you will declare , that you suffer according to the Law , justly for your offence , and craue his Majestie pardon for your treasonable speeches , you shall be licensed to say what you please : otherwise you ought not to bee permitted .

Then saide hee , GOD haue mercie vpon mee ! And cryed alowd , If there bee heere anie hidden Catholickes , let them pray for me , But the Prayers of Heretickes I will not haue .

And so the COURT arose .