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They declared al-o, that if he should upon his safety. His answer was, " that he thanked better resolution recal those Answers, and apply bis lordship, for the good will and kindness himself to give his majesty satisfaction in other offered, but he was so little minder to reca! points, which of duty he was obliged unto, the any thing he had said, as wben he came to the said archbishop would use his credit with his place he would make a commentary upon his highness, and the lords of the privy-council for answers."
The Arraignment of John OGILVIE, Jesuit, on Tuesday the 25th of February, in the
Town-bouse of Glascow, before James llamilton, Prorost of Glascow, 'aines Bell,
by special Commission for that business, by ihe Lords of the Privy-Courcil.
the same; As also luis majesty, withi ag'ice of John, archbishop of Glascor; James mar- the whole estates of this kingdom, in the rarliaquis ot' Hamilton ; Robert, earl of Lothian; ment holden at Edinburgh, the 22d of May, William, lord Sanqubir; John lord Flemi g; anno 1584, ratified, approved, and pe:pe nally Robert, lord Boyde; And sir Walter Stewart, confirmed, his majesty's royal power and authobaily-deputy of the regality of Glascow. rity over all estates, as well spiritual as ten voral,
On Tuesday the last of February, a little after within this realm; and statuted and ordined, eleven of the clock in the forenoon, the court that his highness, his heirs and successors bý being set, Mr. William llay, of Baro, commis- themselves and their counsellors, were, an in sary of Glascow, deputed by special comunis- all times coming should be, judges, cumopetet sion from sir William Oliphant of Nexton, bis to all persons lus highness's subjects, of whia majesty's Attorney General, produced the In- soever estate, degree, function, or conditio, diciment following; together with the citation that ever they be of, spiritual or temporal, used against tho-e who were to pass upon the in all matters whorein ihey or any of the Jury, and the roll of their particular names, should be apprehended, summoned, or charge subscribed with his hand, according to the to answer unto such things as should be incustom observed in those cases.
quired of them by our said sovereign lord and
his council; and that none of them wbo should The INDICTMENT OF John Ogilvie, Jesuit, after be apprehended, called or summoned, to the the forin of the law of Scotland.
effect aforesaid, should presune or take in « Jurn OGILVIE, by your subscription, a hand to decline the judgment of his highness, priest of the late execrable order of Jesuits, you his heirs and successors, or their council in the are indicted and accused, That for as much as premises, under the pain of treason. And God, the author of all righteous government, likewise, by the 48th act of king James 1, his having established kings and magistrates his parliament, and divers other parliaments therelieutenants upon eartlı, for repressing of vio- after, it is ordained that all the king's lieges live lence, oppression, and rice, and the promoting and be governed under the kings law's and of piety and justice, hath in his particular grace statutes, and under no laws of other countries and favour, blessed this country with a more and realms, under the pain of treason, and ancient, just and permanent descent of lawful other, particularly expressed in the acts beforekings than any other nation of the world, and mentioned, and other laws of this kingdom. extended our felicity beyond the happiness of Notwithstanding whereof, it is of truth and our ancestors, by the justice, wisdom and verity, that you having renounced your natural clemency of his majesty's prosperous reign; allegiance and duty to your native and righteous and batti not only rewarded his majesty's zealking, and cast off all reverence, respect, and and righteousness with wealth and peace, but obedience to his sovereign authority and laws, also honoured and strengthened bim with the and dedicated your mind and actions to tle accession of the most mighty and flourishing unlawful obedience of foreign powers, adverkingdoms of Englair, France, and Ireland. saries to his majesty; and resolving, so far as Which visible favours proceeding directly from in you lieth, to seduce his majesty's subjects God's most bountiful hand, moved the whole from the faith and allegiance due to his naestates of this kingdoin assenbled in the parlia- jesty, repaired to this country in the monti of ment holden at Perth, the 9th of July, 1600, June last past, or thereabout. And by our to acknowledge bis majesty's sovereign autho-conferences, inticements, auricular confesons, rity, princely power, royal prerogative, and pri- mass-sayings and other subtle and crafiy mans, vilege of his crown over all estates, persons and endeavoured yourself not only to corrupt iany causes whatsoever, within the kingdom: and of his majesty's lieges io religion ; buc 20 to all in one voice faithfully to promise, maintain, pervert then from their dutiful obediene due defend, obey and advance the life, satety, to his majesty, till you were discoverd and honour, dignity, sovereiyn authority and pre- apprehended by the archbishop of Glaccw, rogative royal of his sacred majesty, and privi- who, with divers his majesty's counsello: and leges of his crown: and to withstand all persons, others his good subjects, used all christiar ad powers, and estates, who should presuine, press, charitable ineans to bring you to the sense f
your heinous offences, and desire of amendinent But that it may be known that your treason thereof: but they losing all their well-intended proceeded of forethought of felony, and obstilabours, were (in respect of your perverse ob- nate resolution, you freely and unrequiredly did stinacy) commanded by his majesty to enter to add to your foresaid answers this damv able your examination, and the trial of your heinous conclusion, that you condemned the oatbs of crinies and transgressions. And especially the supremacy and allegiance given to his majesty said archbishop of Glascow, and many others by his subjects in his dominions: whereby it is of good rank and quality adjoined to him, by apparent, that your errand to this country, bath his majesty, for your examination, having upon been to infect his bighness's subjects with the the 18th of January last, called you before poison of your pestilent and treasonable opinion them, to examine you upon some particular foresaid, to the subversion of religion, overthrow interrogatories, prescribed by his majesty to be of his majesty's authority and crown, and dedeinanded of you; as directly concerning his struction of his most sacred person. And almajesty's most sacred person, life, crown, and beit the course of all bis majesty's life and reign estate: And chelly you being demanded by hath manifested bow unwilling he hath ever them, whether the pope hath power to depose been to use the severity of his laws against kings, being excommunicated? and in particu- those who have said and heard mass, and otherlar, it be have power to depose the king's ma wise contravened the acts of parliament made jesty, our sovereign, being excommanic:ited by against idolatrous papistry, and practisers therehim? You answered treasonably, ibat you would of within this kingdom, desiring rather to renot declare your mind, except to him that is claim them by instruction, from their errors, to judge in the controversies of religion, whom the knowledge and profession of the truth: and (by your answer made to the latter part of the when he found them obdurate, and of desperate first interrogatory, demanded of you that day) resolution, relieving the country of the dangeyou declared to be the pope, or any having rous progress of their courses, by their imprisonauthority from hin; albeit by the acts of par- ment and banishment, whereof you bad such liament and laws of this realm, made in the experience in the persons of your own accomyears of God 1560 and 1567, it is statuted and plices, condemned for their manifest crimes, as ordained, that the bishop of Rome (called the might very probably have made you to have expope) shall have no jurisdiction nor authority pected the like, if any memory of your native within this realm, in any time coming: and duty and born allegiance had possessed your thereby not ouly declining treasonably his ma- mind: but you being altogether destitute tlierejesty's jurisdiction, allowing of the pope's juris- of, by the three last articles of your depositions diction, which is discharged by acts of parlia- above written, you have so plainly discovered, ment, as said is; but hath committed most that you professedly approve the means, and damnable and high-treason, in not acknow-wish the cflect of the overthrow of his majesty's ledying that ihe pope hath po power to depose estate, the destruction of his highness's person, his majesty, who holding his crown and autho- and seduction of his vative subjects from Vieir rity absolutely, sovereignly, and immediately subjection and dutitul obedience: that thereby, of God, may not be deposed by any earthly and by every one of your foresaid answers, you person, power, or authority. And thereafter have committed most heinous, detestable, and you being demanded if it be lawful to slay his unpardonable treason, and deservedly incurred inajesty, being excommunicated and deposed the most rigorous pains thereof to be executed by the pope? You answered" ut supra:" which upon your body, lands, and goods, with ali ex. was, that you would not declare your mind till trenity, to the terror of others." you were before the pope, or others having authority from him; thereby not only declining The Indictment being read, Mr. William Hlay, treasonably bis majesty's jurisdiction and autho
substitute for his inajesty's Attorney, opened rity royal, but by your not answering clearly,
the same, to the eifect following: that it is altogether unlawful, damnable, and Albeit the Indictment of itself be clear diabolical, once to think that it is lawtul to enough, and representeth sufficiently to my slay bis most sacred majesty, you have com- lords justices, their honourable lordships here mitted m-st heinous, pernicious, and unpardon- assisting, and to yourself John Ogilvie, who able treason. And lastly, being demanded, if stands there accused, ihe weight and gravity of the pope
power to assoil bis majesty's born the crime by you committed, yet I shall resume subjects from their natural allegiance? You an- it to you in few words, that your answers may swered, “ut supra:" and therei.y both declined be the more distinct, and without mistaking. treasonably luis highooss's jurisdiction and au You are not accused of saying mass, nor thority-royal, in refusing to answer before his I of seducing his majesty's subjects to a conmajesty's counsellors and commissioners afore-trary religion, nor of any point touching you said, in one matter merely concerning his royal in conscience properly; but for declining power over his people, and their subjection to his majesty's authority, against the laws and his majesty; and also committed wilful and statutes of the land, and for maintaining detestable treason, in not acknowledging pro-treasonable opinions : such as we of this fessedly and presently, that none on earth had realm bare not heard by any avowed. The power to assoil bis majesty's subjects from statutes mentioned in your Indictment, make their natural subjection and allegiance to him. it treason not to answer the king's majesty, or
his council in any matter which shall be de-| treason in all places, and in all kingdoms; but manded; you being examined by my lord arch- that, saith he, is known not to be so. As for bishop of Glascoa, and other honourable per- your acts of parliament, they are made by a sons adjoined to him by bis majesty's special number of partial inen, the best of the land commission, refused to answer to divers inter- not agreeing with them, and of matters not rogatories proponed to you by their lordships, subject to their forum, or judicatory, for which and at the same time professedly arouched the I will not give a rotten tig. pope of Rome his jurisdiction, which by the Where I am thought an enemy to the king's laws of the country is many years since plainly majesty's authority, I know no other authority discharged: therefore have you incurred the he hatii, but that which he received froin his penalty contained in the statutes, and the same predecessors, who acknowledged the pope of ought and should be executed upon you. Rome's jurisdiction. If the king, saith he, will
It is further laid unto your charge, that you l be to me as his predecessors were to mine, I being demanded in the particulars, nanely,' will obey and acknowledge him for my king; Whether the pope hath pou er to depose the but if he do otherwise, and play the runnagate king's majesty, our sovereign? Qudly, Whether' from God, as he and you all do, I will not acit be lawiul to slay his mirjesty, being deposed knowledge him more than this old hat. by the pope? 3rdly, Whether the pope hath Here the archbishop of Glascow interrupted power to assoil his majesty's subjects, from his speech, desiring him to deliver bis mind in their natural allegiance, or not? You denied to a greater calm and with more reverend speeches give any answer, touching any of the se points, this majesty (for he uttered those things in a except ye were enquired thereof by the pope, vehement passion, and as one transported with or others baviog authority from hiin: and so fury). The remembered him, that he was acnot acknowledging, that his majesty's crown cused upon his life, betore judges that were auand authority is held immediately and sove- thorized by his najesty's commission : to de reignly of God, the author of all government; / cline the judgment, or rail against his majesty's that it is detestable once to think, that his sa- authority, was bootless, and in a man of bis cred majesty may be lawfully killed, and that profession, being an ecclesiastic, very scandano man has power to assoil bis majesty's sub-lous. He should rather take another course, jects from their natural allegiance to his high- to amend what he had offended in, and recal Dess: you have in these points, and every one his former answers; if they had not proceeded of them, committed most heinous treason; for from a deliberate purpose, or if he were resothe which what you say in your own defence Ilute to maintain them, to do it with reason, and sec 1x0t. And yet further that it may be seen, in a moderate sort; that this nere bis best, how desperate your resolution is in all these either for justifying himselt, and the opinions points, although you were not required concern- he held, or for moving the judges, and their ing the oaths of supremacy and allegiance given lordships that were assisting, to commiserate to bis majesty, by his subjects, ve freely, and his case. He advertised him withal to be more out of your own motives, condemned these temperate in his speeches concerning his maoaths as iinpious and unlawful; thereby hath jesty, otherwise be would not be licensed thus it appeared what a wicked and treasonable to offend. mind you foster against his majesty, our sove
To this Ogilvie made some little anstver, reign. If you should deay it, here are your | That he would take the advertisement, and answers subscribed with your own hand, which speak more coolly ; hon beit, he wouhi never ve cannot but acknowledge; them I desire to acknowledge the judgment, nor think they had be read, as likewise the several statutes of par- power to sit on his lite; but said, And for the liament, which you are alledgd to have trans- reverence I do you, to stand bare-lieaded before gressed, and thereafter, since bis majesty is you, I let you know it is, ' Ad redemptionem pleased, that the ordinary course of trial be vexationis, et non ad agnitionem judici.' kept uuto you; you shali bave liberty to say The Advocate here insisted, that seeing all for yourself, either against the relevancy of the his answers tended to decline the judgment, Indictment, or verification produced, what you and that he brought no reason why the indictthink best.
ment should not go to a trial, that the jury Then were read the statutes of parliament men- ing to the custoin.
should be chosen and sworn at the bar, accordtioned in the Indictinent, and the said John
The Names of the Jury: sir George ElOgilvie's Answers to the Demands propo!!- phingston, of Blythswood; sir Thomas Bovd, ed unto biin, wbich he acknowledged for his of Boneshaw; sir James Edineston, of Dunown, and the subscription thereto subjoin traith, eller; James Murhead, ot Lachop; ed; after which, having license of the court
James Roberton, of Ernock; Hugh Crawford, to say whrat he could for himself, he spake of Jordan-hill; John Carschore, of that ill; to this etiect :
Hugh Kennedy, provost of Aire ; Williain MaFirst under protestation, that I do no way kuriel of Hill-house; James Blaire, ballie of acknowledge this judgment, nor receive you, Aure; James Dunlop, of Powmilne ; Johu that have that comidission there producet, tir Steward, burgess of Aire; John Dumbar, burmy judges, I deny any :-wint laid against ine to ness there ; James Johnston, burgess there; he treason: for if it were treason, it would be John Cunningham, of Rawes,
It was allowed the prisoner to challenge any Ogilvie. For the declining of the king's auof the fore-named persons, and to oppose unto thority, I will do it still in matters of religion ; their admission : who said,
for with such matters he hath nothing to do : He had but one exception for them all : neither have I done any other thing, but that they were either enemies to his cause, or which the ministers did at Dundee; they would friends : if enemies, they could not be admitted not acknowledge bis majesty's authority in spiupon his trial; and if they were his friends, ritual matters inore than I ; and the best inithey should staud prisoners at the bar with nisters of the land are still of that mind, and if him.
they be wise, will continue so. The Jury were instantly sworn and admitted. The Archbishop replied, That he was mis
Then was the Indictment read again in the taken, both in the place and matter; for it was hearing of the Jury, and the evidences shewed not at Dundee, but Aberdeen, where eight mithem for verification thereof, which of before nisters meeting in a general assembly, conwere produced. And the prisoner being of tended not against the king's authority, but new remembered to say what he wouid for that the assembly called to that place and time himself, for the better information of the Jury, could not be discharged by his majesty's comspake these things following :
missioner : neither should the fact of a few, I wish these gentlemen to consider well take it at the worst, be esteemed the deed of what they do. I cannot be tried nor judged the whole. These have been punished for by them; and whatever I suffer here, it is by their offences, and some of them bave confessway of injury, and not of judgment. Injuria ed their error, and been graciously pardoned by est, non judicium. I am accused of treason, his majesty. All good ministers profess otherbut have done none offence, neither will I beg wise, and our religion teaches us to acknowmercy.
ledge bis majesty our only supreme judge in all Archbishop. This is strange, you have done
The king is keeper of both tables, none oflence, and yet you are come in his ma and his place bears him not only to the ruling jesty's kingdom, and have laboured to pervert of his subjects in justice, and preserving equity bis highness's subjects; both of these are amongst them, but even to maintain religion against the law : In this have ye not otiended? ) and God's pure worship, of which he should
Ogilvie. I came by commandment, and if have principal care. Your lord the pope bath I were even now forth of the kingdomn, I should not only denied this authority to kings, which return : neither do I repent any thing, but that God giveth them, but usurpeth to himself a I bave not been so busy as I should, in that power of deposing and killing when he is diswhich ye call perverting. I hope to come to pleased; and it were the less to be regarded, Glascow again, and to do more good in it. If if this his usurpation had gone no furtber than all the hairs of mine head were priests, they your pens: but you have entered, by this preshould all come into the kingdom.
tended right, the throats of the greatest kings, Archbishop. And do you not esteem it a as your practice upon the two last Henrys of fault to go against the king's commandment, France bears witness. You are not able to especially in this point of discharging you his lay such imputation upon us, nor our profeskingdom? If a king have any power within his sion, which teaches, that next unto God Alkingdom, it seems he may rid himself and his mighty, all men are bound to fear, serve, and country of those with whom he is offended; honour their kings.
But what answer you and it savours of great rebellion to say other touching these demands? wise.
power to depose the king? or is it not murder Ogilvie. I am a subject as free as the king io kill him, being deposed by the pope? is a king; he cannot discharge me if I be not Ogilvie. I refused before to answer such an offender, which I am not.
questions, because in answering, I should acAnd being asked for what offences he might knowledge you judges in controversies of relihe discharged by the king? answered, in the gion, which I do not. I will not cast holy cases of theft and murder.
things to dogs. Archbishop. You come not to answer any Archbishop. Is it a point of faith, that the thing to the points of your indictment. Why pope may depose his majesty or do you think did you decline his majesty's authority, and re it a controversy in religion, whether bis ma. fused to shew your opinion anent the pope, bis jesty (whom God save) inay be lawfully killed, power in deposing kings, and loosing subjects from their oath of allegiance? And when it was Ogilvie. It is a question amongst the docasked you, if it were lawful to slay the king, tors of the church, and many hold the affirmabeing deposed, and excommunicated by the tive not improbably. A council bath not yet pope, which any loyal-hearted subject will ab determined the point: and if it shall be conhor to think of, why did you not simply con. cluded by the church, that the pope hath such demn it as unlawful? For in that you do not power, I will give my life in defence of it; and condemn it, you shew yourself of the opinion if I had a thousand lives, I would bestow them of the rest of your sect, who in their books that way, if they will make an article of faith maintain, that it is both lawful and commenda- of it. ble to slay kings, if the pope's commission go Being urged by the court to declare his own forth once for it,
opinion, especially in that point, whether it
Hath the pope
were murder to kill his majesty, being deposed | ty; he saith, it is treason for subjects to swear by the pope?
the oath of allegiance ; and meaneth so inuch Ogilvie. I would not say it were unlawful, in his last words, as the king's majesty's life and though I should save my lite by it. That if the estate cannot be assured, except he renders king offended against ihe catholic church, the himself the pope's vassal. pope might punish him as well as a shepherd, Thus hath he left you little to do, except or the poorest fellow in the country. That in that his majesty's pleasure is, the ordinary form abrogating the pope's authority, the estates of be kept with him, you should never need once parliament had gone beyond their limits, and to remove : all his speeches have been so stutfed that the king in usurpiny the pope's right, had with treason, that I am sure the patience of lost his own. “Nan qui rapit jus alienum, the noblemen, and others here present, hath * perdit jus ad suum.'
been much provoked. Being asked touching the oath of allegiance, In all that he hath said, I can mark but two Why he did condemn it? and the same being things alledged by turn for the pope's authority read unto hin; He said, It was a damnable over kings; the words of our Saviour to St. outh against God and his truth, and that it was Peter, - Pasce oves meas,' feed my sheep: and treason to swear it, because it brought the the subjection of kings, especially of our kings, king's person and state in danger. Since this since the kingdom became Christian, to the kingdom, said he, was Christian, the pope's su pope. For the words of our Saviour, how little preme power was always acknowle ged: this they serve liis purpose, I have no need to tell being cast off (as we see in the act of your par- you. To feed the sheep of Christ, is not, I liament) against all reason and conscience, and hope, to depose kings from their estates, nor to subjects forced to swear to a matter so unlaw- entlame the hearts of subjects against princes, ful, what marvel that attempts and dangerous, much less to kill and dispatch them: we are courses be taken against him. "Justissima lex | better taught than to be deceived with such • est, ut quæ agit aliquis, talia pariatur.' But glosses. Saint Peter made never that sense of would the king leave of his usurping upon the those words, and teacheth us a fur other docpope, he might live without fear, as well as the trine, in his first epistle, 5th chapter, and seking of Spain, or any other Christian prince. cond and third verses. Neither bishop, nor minister, nor all the bishops I will not spend time with such purpose; and ministers in his majesty's kingdoms had only this I must say, that whatsoever was St. done, nor could do the like.
Peter's prerogative, the pope of Rome hath The Archbishop of Glascow did close all to the nothing to do with it: for he cannot be St. jury, to this effect :
Peter's successor that hath forsaken his doctrine, Gentleinen, and others, who are named upon and gone against his practice directly, both in this assize, though I winded to have said no that and other points of Christian faith. And thing, but sitten here a witness of the proceed for the antiquity of his usurped power, I may ing, I have been forced by his proud and impu- justly say, that Mr. Ogilvie is not well seen in dent speeches, somewhat to reply, and must, antiquity, or then speaketh against his knowwith your patience, say a little more. It is this ledge, when he saith, that this power of the same day, two-and-twenty weeks past, that this pope was ever acknowledged by Christiani kings: prisoner fell into mine hands; since that time ihe bishops of kome for many years made no he hath had leisure to think enough what course such claim, neither did emperors or kings ever was tiltest for himself to take, for satisfying his dream of such subjection : long it was ere the majesty whom he had offended; neither bath pope of Rome came to the height of commandhe lacked counsel and advice, the best that we ing kings, and not till he had oppressed the could give him ; besides he hath found on our church, under the pretext of St. Peter's keys, part nothing but courtcous dealing, and better bearing down all the bishops within Christenentertaininent, than, I must now say it, he hath doin ; which having done, then be made his indeserved. Mine own hopes were, that he would vasion upon princes, and that by degrees. The have followed another course than I see he hath histories of all ages make this plain, and the taken, and not stand to the answers which he resisting he found by kings in their kingdoms, inade to those demands which were moved testified that they never acknowledged his suunto bim by bis majesty's commissioners, and periority. Of our own, how beit as we lie far you have seen : but if his answers at the first from his seat, so had we less business and lewer were treasonable, they are now so little better- occasions of contradiction; yet I can make it ed, as in all your hearings, be hath uttered seen in divers particulars, when any question speeches inost detestable, made a commentary fell out anent the provision of bishops and archworse than the text was, and shewed himself bishops to their places, the bulls of Rome were to carry the mind of an arrant and desperate so little respected, as the king's predecessors traitor. You perceive he obscures not his af- have always preferred and borne out their fection towards the king's majesty, our sove own choice; and the interdictions made upon reign, in all his speeches preferring the pope to the realm, by these occasions, not without his majesty: and which is more intolerable, some imputation of weakness to the sce apostoaffirmeth the king's majesty to have lost the lick, have been recalled. The superstitions of right of his kingdom by usurping upon the pope. Rome were amongst us last embraced, and with He will not say, it is unlawful to kill his inajes the first, by the mercies of God, shaken off.