A TRVE RELATION, OF THE PROCEEDINGS against IOHN OGILVIE, 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.

2. Pet. 2. 10.
Audaces, & sibi placentes, dominatum despiciunt, & non horrene dignitates convitiis incessere.
Tertul. adversus Hermo.
Hermogenes haereticus loquacitatem▪ facundiam existimat, & impu­dentiam constantiam deputat, & maledicere singulis offi­cium bonae conscientiae iudicat.
Cyprian. de duplici martyrio.
Non statim martyr est qui occiditur, occiduntur piratae, & sicarii, supplicium non facit martyrem, sed causa.
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EDINBVRGH, PRINTED BY ANDRO HART, Anno 1615.

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 [Page 4] 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 [Page 5] 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 arraignemēt 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, & [Page 6] 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 excōmunicates. 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 cōtrouersie, De Romano Pontifice, hath these expresse words, Papa potest mutare regna, & uni au­ferre, at{que} 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 [Page 7] 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, & [Page 8] 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? Whē 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 [Page 10] 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, [Page 11] 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 whē 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 shalbe 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 protesta­tiō: for he meaned of his last cōming, & 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, [Page 12] 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 cōfession: 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 [Page 13] 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.
  • [Page 14]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, [Page 15] 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 [Page 16] 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, & [Page 18] 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 apprehēded, 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 [Page 19] 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, [Page 20] 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 [Page 21] 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 [Page 22] 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, [Page 23] 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 [Page 24] 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,
  • [Page 25]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 [Page 26] 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 [Page 27] 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 [Page 28] 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 [Page 29] 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 [Page 30] 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 [Page 31] 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.

A TRUE RELATION, OF SVCH THINGES AS passed at the Execution of IOHN OGILVIE, vpon the last day of Februarie, anno 1615. beeing tuesday, in the after-noone.

AFter Iudgement was giuen, by the space of some three houres, hee remained in the place where he was conuicted, hauing lea­sure graunted him to prepare himselfe for death. Hee continued a while vpon his knees at prayer, with a colde devotion: and when the houre of execution approached, his handes being tied by the executioner, his spirits were perceiued much to faile him. In going towardes the scaffold, the throng of people was great, and he seemed much amazed, and when hee was vp, Master ROBERT SCOT, and Master WILLIAM STRVTHERS Ministers, ve­ry grauely and christianly exhorted him to a humble acknowledgement of his offence, and if any thing trou­bled his mind, to disburthen his conscience. In mat­ters of religion, they saide, they would not then enter, but prayed him to resolue and settle his minde, and seeke mercie and grace from GOD, through IESVS [Page 34] CHRIST, in whom onely saluation is to bee found. OGILVIE answered, That he was prepared and resolued. Once he said, That he died for religion, but vttered this so weakly, as scarse he was heard by them that stood by v­pon the scaffold. Then addressing himselfe to execution, he kneeled at the ladder foot, & prayed. Master ROBERT SCOT in that while, declaring to the people that his suffering was not for any matter of religion, but for haynous treason against his Maiestie, which hee prayed GOD to forgiue him. OGILVIE hearing this, saide, Hedoeth me wrong. One called IOHN ABIRCRVMIE, a man of little wit, replied, No matter, Iohn, the moe wrongs, the better. This man was seene to attend him carefully, and was euer heard asking of OGILVIE some token before his death, for which and other businesse he made with him, he was put off the scaffold.

OGILVIE ending his prayer, arose to goe vp the lad­der, but strength and courage, to the admiration of those who had seene him before, did quite forsake him: he trembled, and shaked, saying, he would fall, and could hardly bee helped vpon the top of the ladder, hee kissed the Hang-man, and said, Maria, Mater gratiae, or a pro me, Omnes Angeliorate pro me, Omnes Sancti, Sanctaeque orate pro me: but with so low a voice, that they which stood at the ladder foote had some difficultie to heare him.

The Executioner willed him to commende his soule to GOD, pronouncing these wordes vnto him, Say, Iohn, Lord haue mercy on mee, Lord receiue my soule: which hee did, with such feeblenesse of voice, that scarcely hee could be heard: then was hee turned off, (his left foot [Page 35] for a space taking holde of the ladder, as a man vnwil­ling to die) and hung till hee was dead. His quartering, according to the Iudgement giuen, was for some re­spectes not used, and his body buried in a place that is kept for Male-factors.

This was the ende of that vnhappie man, in whose death any man that had eyes, might see what a grace­lesse and comfortlesse Religion Poperie is: The power of Religion manifesteth it selfe chiefely in the houre of death, the sight of a reconciled GOD, the assurance and perswasion of fauour through CHRIST, furni­sheth spirite and boldenesse, and maketh a man willing to depart and quite this life: But Popish Religion tea­cheth vncertainetie of saluation, and leadeth a man to other sauiours, who can neither helpe nor comfort, in the houre of death. VVhat maruaile, that men, who leane to such rotten and vnprofitable helpes, lacking, and disapointed of the assistance they hoped for, shewe a faint and cowardly minde at their last?

This onely I haue further to aduertise, that since his execution wee haue vnderstood, by some persons, who visited him at times during his imprisonment, that amongst other his speeches with them, hee saide this, That if hee had escaped his apprehension at this time, and li­ued till WHITSONDAY next, hee should haue done that which all the Bishops and Ministers, both in ENGLAND and SCOTLAND shoulde neuer haue helped. And if hee might haue liued at libertie vnto that time, hee woulde wil­lingly haue beene drawne in peeces with horses, and haue gi­uen his bodie to haue beene tormented. VVhereof what [Page] shall any man collect, but that this villane was about [...]me desperate enterprise.

GOD, that in mercie hitherto detected and disa­pointed the malicious devises of the wicked, against his CHURCH, continue with vs his fauour, and giue vs to depend stedfastly on his prouidence. And to all the enemies of GOD and the King, let it befall, which wee haue seene vpon this wicked and accursed per­son. AMEN.

FINIS.

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