A true RELATION, OF THE PROCEEDINGS against John OGILVIE, a jesuit, executed at GLASGOW, the last of february, anno 1615.  
CONTAINING sundry SPEECHES uttered by him at his Arraignment, and others, that assisted the Commissioners deputed for his trial: 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 judicat. Cyprian. de duplici martyrio. Non statim martyr est qui occiditur, occiduntur piratae,& sicarii, supplicium non facit martyrem, said causa. 
 
edinburgh, PRINTED BY ANDRO HART, Anno 1615.   

TO THE READER.  
IT hath been thought needful that a true and perfect Relation of the whole proceedings against John Ogilvie, a jesuit, lately executed at GLASGOW, should bee published; as well for satisfaction of those, who desire to be informed of his behaviour, 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 things, without respect of truth, to their own advantage. It is known within these few yeeres, Henry Garnet and Edward Oldcorne, English Iesuites, being called in question, for that prodigious and damnable Powder-treason; although it was proved by clear evidences and their own confessions, under their own hands; that they were special authors and actors in it, and for the same were executed by public justice, not in a corner, but in the open Cities of LONDON and WORCESTER: yet( such is the shameless impudency of that sect) by printed Apologies they haue been justified: and which is more, inserted in a Catalogue of their Martyrs, set forth at Rome, Anno 1608. by the licence and permission of their superiors. By which maner of doing, what may be expected in this particular, at their hands, any man may easily perceive. every thing they are about to do( bee it never so great a mischief) they cloak with the mantle of Religion: and if the statutes of the kingdom overtake any of them, either for practices against the King, or sowing the seed of rebellion amongst the subiectes, it must bee supposed( forsooth) they suffer all for religion. Now were it so, and that according to the law, for mass saying they were punished to the death, they could not glory in it, nor rightly challenge the crown of martyrdom, their mass being a vile and idolatrous service, flatly disagreeing with the faith of Christ, and truth of the gospel. But it is not so, albeit wee haue such statutes, for the restraint of mass abomination within this kingdom, they are not able to instance any one, who for the transgressing thereof to this hour hath suffered. His Majesties proceedings with them haue been more gentle: where death might haue been inflicted, milder courses haue been taken: imprisonment for some short time,& banishment forth of the realm haue been the sharpest punishments: so unwilling was his Highnesse to force, or once to seem to force the consciences of any men whatsoever. And to say that which truth is, if this unhappy miscreant, who now hath his reward, had not discovered his traitorous mind, openly disauowing his Majesties authority and stood to the maintaining of the Popes power, for dethroning kings, and freeing subjects from their oaths of allegiance, he had felt no harder measure, then others, although the circumstances of his fault, were much greater: but his perverse speeches, and insolent carriage beyond all credite, his sowing of doctrines, tending to open rebellion, the hand of Iustice could not forbear. What was it, in the hearing of multitudes of people to affirm, that he would return or abide in the kingdom, contrary to the laws, and his majesties commandements? to value his Highnesse authority with his old hat,& the acts of our Parliament with a rotten fig: to say, it was treason to swear with the oath of allegiance to the King, and that his majesty by usurping the Popes power, had lost the right of the kingdom. Yet these& diuers other more treasonable speeches he uttered at his arraignment which are set down in the process, so far as could be remembered: for all could not be kept in mind. I am persuaded the honester minded of those of his own profession, will in their hearts condemn,& judge him justly to haue suffered: for, praised be God, the jesuits arte hath not so far prevailed, in planting such opinions in the hearts of people, but even amongst the aduersaries themselves, they are many, that do no wise approve their seditious& proditory doctrines. And here, to all our catholics,( they will be so called) in this kingdom, if nothing further may be obtained,& that still they will lie in that superstition, wherein they haue been nuzzled, I wish at least so much wisdom, as to beware of Iesuites policies and not to think their practices, the cause of the catholic Church. It is not Religion, as one hath well observed, they strive for, but soueraignitie: It will not content them to haue the Romish faith, and ceremonies embraced, the crownes of Kings, their sceptres and subjects must all be at the Popes devotion. This is their special work, and the effect of their blind obedience, that special vow, I mean, which they besides the three vows common to other orders, vow and swear at their receptions: To this point runs all their service, to make the Pope the lord of all the earth, Emperours, Kings,& Princes his dependents, to be removed, altered, changed, deposed, and killed, when it pleaseth his holiness to give commission. MARIANA, a jesuit, counteth it a wholesome 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 urban the second, sent to GODFREDE Bishop of Luca, wherein he declares, that they are not to be esteemed murtherers, who burning with the zeal of their catholic 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 controversy, De Romano Pontifice, hath these express words, Papa potest mutare regna,& uni auferre, atque alteri confer, tanquam summus princeps spiritualis si id necessarium fuerit ad animarum salutem. That is, the Pope as chief spiritual prince, may change kingdoms,& take them away from one,& give them to another, if it be necessary for the saving of souls. But Franciscus Suarius in his late book entitled, Defensio fidei Catholicae, goes beyond all this, saying, that any, to whom the Pope permits the doing, may kill or expel the King, who is by sentence deprived, or which is all one, if he be declared to haue committed the crime, which by law deserves that penalty: and if the Pope neglect to give power, the lawful successor may take the execution to himself, and if he fail, the community of the kingdom succeeds in that right: to wit, to kill and expel him. His words 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 jure impositam, potest ille qui sententiam tulit, vel cvi 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 think this his private opinion, amongst the approbations prefixed to the work, ye haue in censura Academiae Complutensis this said, 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 work, which is not agreeable with our mind, seeing herein we haue all one voice, one opinion, and one iudgement. now if this bee the mind of all, it is high time they were all met with, and that celeri poena, by a present dispatch. The knights templars, erected, as is thought, by the princes of France to preserve 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 holiness, and thereby drawn to themselves an infinite wealth, became at last intolerable to kings, and by one uniform consent in the council of Vienna were condemned,& the order abolished. The order was of a longer standing by much then our Iesuites, but to kings nothing so dangerous. The writers that mention them, do not agree vpon the causes of their general hatred, and leave the Reader in suspense, whether justly they merited exterminion or not: But posterity shall haue an advantage in understanding the doctrine of Iesuites by their printed books, and their seditious practices, by the attempts they haue made against the estates and lives of princes. Secta haec rebellis est,& nocens regibus. A rebellious sect they are,& hurtful enemies to kings, cruel assasins, teaching disloyalty,& plotting the deaths of princes, which all EVROPE, and thou France by the rest canst testify. O Kings, when shall ye awake,& take it in your harts, to fulfil Gods decree? When shall ye vindicate your crownes from the unjust usurpations of the priest of Rome? Shal the disgrace and violence done to some of your sacred persons for ever thus lie vnauenged? We know it shall not: But GOD hath his day, who will patiently attend. In the mean time I shall wish the catholics of this kingdom to consider and look more deeply in their profession, then they yet haue done. The mysteries of the Romish Religion are not seen at the first. Surely, some of our papists do not know them, especially that principle, which binds 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 he who denies this power to the Pope, denies the catholic faith. By this is there no mean left to be a catholic,& remain the Kings loyal subject. To beleeue the Popes power is such, is vndenyable treason: To refuse it is to renounce catholic religion: which last I persuade myself all true and natural SCOTS will choose, and of the choice shall it never repent them. I beseech GOD to open their eyes that are closed, and give us all to bee contented with the Scriptures of GOD, which by themselves are able to perfect us unto every good work.  
Farewell.   

A true RELATION, OF THE PROCEEDINGS against John OGILVIE a jesuit, especially at his arraignment and execution, which was at GLASGOW the last of february, being on Tuesday. 1615.  
John OGILVIE alias WATSON( for according to the manners 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, took his journey to England a little before Easter. Where, giuing out to some of his countrymen, that he had a supplication for some wrongs to present to his majesty, he attended the Court, some two moneths; and falling in acquaintance with a Gentleman of the West country, after his pretended business was done, or the occasion disappointed, he returned into Scotland with the said Gentleman in the beginning of june thereafter. Vpon this familiarity, and other intelligences given him, he came to Glasgow in August following; and finding a kinder receipt by certain persons in that city,( who for that crime haue since been 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 city, apprehended and committed to prison. It was the fourth of October, a little after four of the clock in the afternoon, when perceived to bee overtaken somewhat in company, his examination was differred to the morrow after. There was found with him two or three little books 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 being made by the magistrates of the city, therein was found his mass garments, chalice, altar, and the rest of that stuff, with letters not fit at this time to bee divulgate, Amongst others, a warrant to dispense with those who possessed Church-liuings, after this tenor, quo ad dispensationem de bonis ecclesiasticis poteris dispensare ut retineant quae possident, dummodo in pios usus aliquid impendant pro judicio Confessarii dispensantis. he had in the samen mail diverse relics, pieces of wood, bones, and a tufte of IGNATIVS hair, the founder of the Iesuites order which I think was his chiefest jewel.  
In his examination which was the next morning, before the Archbishop of Glasgow, the Bishop of Argyle, the Lords Fleming, Boyde, and Kilsyth, the provest of the city of Glasgow, Sr. WALTER STEWART,& Sr. GEORGE ELPHINGSTON, knights, he confessed his true name to be John OGILVIE, that he was born in the North of Scotland,& had been forth of the country 21 yeeres, that he lived at Grats, in a college of the Iesuites, and was received in their Order, that he returned into Scotland by the command of his superior, and was to stay there until he were recalled, if no other impediment should offer. Being required to give his oath, that he should declare nothing but truth, in such things as he should be demanded: he answered, that he would take oath, but with some exceptions, namely, if he were demanded in any thing that touched his estate and life, or that might endanger these or any of them he would not answer, likewise if the same tended to the prejudice 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 concern some of these: he was induced at last to give a simplo oath, which he did vpon his knees:& rising up from the ground, said, I will neither lye nor aequiuocate, but what I say shalbe truth,& what I am asked, if I find it impertinent for me to answer, I will say nothing, or declare plainly I will not tel.  
Then being enquired of his coming in Scotland, the time,& business he came to do, answered, his business waste save souls. Touching the time when he came into Scotland, answered, In the june before: where he was deprehended to aequiuocate, notwithstanding of his protestation: for he meaned of his last coming,& was asked concerning the first. But the time at that examination was not understood. Being enquired of the places where he had been received, denied to tel,& if he had said mass in any place, he answered, he would not say any thing that might work prejudice to himself or others: and because he had professed, that he would not lye, the reply he commonly made to such questions, was, I will not tell you.  
The lords 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 quality, and there he was kept to the 8. of December. Now and then conference was given him by diuers of the Ministers, in all which, heat& choler was espied much to overrule him. The school distinctions he had in readiness, and thereby, when he could not shift the argument, made semblance to evade. But of holy Scripture( as he seemed, not to be well acquainted therewith) he made little 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 missive for his examination& trial: namely, the lord of Binning, secretary, the lord of Kilsyth, Sir Gidion Murray, the saurer deputy, and Sir William Oliphant, his majesties attorney general: 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 being demanded touching certain particulars contained in them, he denied to give their lordships any satisfaction: And howbeit there was no persuasion omitted, that might haue induced any good nature to a better resolution, it availed not. So as their lordships perceiving nothing, but a pertinacious refusing in him, to answer to points most reasonable, and with all apprehending his stay at Court in the last summer, to haue been for some worse service then he could speed in, determined, according to the power given 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 prove him with the most easiest form of trial that could be used. And here it being remembered, that in the trial of some criminal persons, it was found that nothing helped more to find out the truth of the faults wherewith they were charged, then the with holding of their natural rest: it was advised, that he should bee kept without sleep for some nights, which was accordingly done: and during which time it was perceived, that he remitted much of his former obstinacy, and falling to discover certain of his receivers in Edinburgh, gave hope, that by gentle usage he would bee drawn to give their lordships contentment.  
In the mean time, christmas approaching, at which time there is an ordinary cessation from the affairs of counsel and Session, the Archbishop of Glasgow being to repair homeward, and unwilling to discharge himself of that prisoner, till he might at leisure work him to a better mind, obtained the favour of their L. to retain him in his company for a fourth-night after, or till he should return himself to Edinburgh.  
It pleased his Ma. in this time whiles he was remaining at Glasgow to sand a commission to the Archbishop of Glasgow, the Lord Bishop of Argyle, the Lord Fleming, Sr. George Elphingston, and james hamilton provest of the city of Glasgow, for trying the said jesuit: 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 judge, and haue power in spiritualibus over his majesty, and whether that power will reach over his majesty even 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 majesty.  
3. Whether the Pope haue power to depose Kings, by him excommunicated? and in particular, Whether he haue power to depose the King his majesty?  
4. Whether it be no murder to slay his majesty, being so excommunicated and deposed by the Pope?  
5. Whether the Pope haue power to assoil subiects from the oath of their born and natural allegiance to his majesty?   
Vpon the 18. day of Ianuarie, the foresaid questions being read distinctly unto him,& he required to declare his opinion thereanent, answered as followeth:  

To the first, that he thought the Pope of Rome, judge to his majesty, and to haue power over him in spiritualibus, if the King bee a Christian: and where it is asked, if that power will reach over his majesty in temporalibus, he says he is not oblished to declare his opinion therein, except to him that is judge in controversies of Religion, which he acknowledges to bee the Pope, or some one, having authority of him.  
To the second he answereth, that the Pope hath power to excommunicate his majesty: and where it is said, that the King is not of the Pope his Church; he saieth, that all who are baptized, are under the Popes power.  
To the third, where it is asked if the Pope haue power to depose his majesty, being excommunicated, answereth, that he will not declare his mind, except to him that is judge in controversies of Religion.  
To the fourth, whether it bee lawful to slay his majesty, being excommunicated and deposed by the Pope? answereth ut supra.  
To the fift, whether the Pope hath power to assoil subiects from their born and natural allegiance to his majesty? answereth ut supra.  
In all these Articles he was particularly reasoned 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 city; where it was also signified unto him, that it concerned him in no less then his life, what answer he should make, if he should stand obstinate in these he had given, he might know what favour was to be expected for his other crimes. Not the less ratifying all that formerly was said, he added this further, that he condemned the oaths of supremacy and allegiance proponed to be sworn in ENGLAND,& would needs haue the writer to insert those words, to all which he put his hand, subscribing thus,  
johannes Ogilveus, societatis IESU.   
These answers being sent to his majesty, under the testification of the foresaid Commissioners, his highnesse gave order to the lords of the privy counsel, for his trial, which was appointed to be at Glasgow, the last of february. Immediately after the Archbishop of Glasgow directed the provest and bailies of the city unto him, to signify, that tuesday following was appointed for his Arraignment, and that he would not bee accused for mass saying, or any thing else that concerned his profession, but for the answers that he had made to the demands proposed to him by his majesties Commissioners. They declared also, that if he should vpon better resolution recall those answers, and apply himself to give his majesty satisfaction in other points, which of duty he was oblished unto, the said Archbishop would use his credite with his highnesse, and the lords of the privy counsel for his safety. His answer was, that he thanked his lordship, for the good will and kindness offered, but he was so little minded to recall any thing he had said, as when he came to the place, he would make a commentary vpon his answers.  
The Ministers of Glasgow, accompanied with master William Struthers, one of the Ministers of Edinburgh, did also visit him, some two dayes before, advising him to the same purpose, and offering him their best counsel and comfort. His answer was, that he had resolved what to do, and if he stood in need of their comfort, he should advertise.  
The earl of Lowthiane trusting by conference to bring him to a better mind, went unto him at diuers times, using many persuasions to draw him from his obstinate course: but nothing could prevail with him, as in the proceedings ye shall perceive.  

The Araignement of John OGILVIE, jesuit, on Tuesday the last of february, in the townehouse of Glasgow, Before james hamilton provest of Glasgow, james BELL, COLINE campbel, and james BRADWOOD, bailies of the city, Iustices appointed by special commission for that business, by the Lords of privy council. The foresaid Iudges being assisted by the honourable Lords there present:  

John, Archbishop of Glasgow,  
james, Marques of hamilton,  
ROBERT, earl of Lowthiane,  
WILLIAM, Lord Sanquhar.  
John, Lord Fleming,  
ROBERT, Lord Boyde,  
And Sir WALTER STEWART, Baylie deputy of the regality of Glasgow.   
On Tuesday, the last of february a little after 11. of the clock in the forenoon, the Court being set, Mr. WILLIAM HAY of Baro Commissar of Glasgow, deputed by special commission from Sr. WILLIAM OLIPHANT of Newton, his Majesties attorney general, produced the inditement following: together with the citation used against those, who were to pass vpon the jury, and the roll of their particular names, subscribed with his hand, according to the custom observed in those cases.   

The Inditement of John OGILVIE jesuit, after the form of the law of SCOTLAND.  
John OGILVIE, by your subscription, a priest of the late execrable order of jesuits, you are indicted& accused, That for as much as GOD the author of all righteous government, having established Kings, and magistrates his lieutenants vpon earth, for repressing of violence, oppression, and 'vice, and the promouing of piety and justice, hath in his particular grace and favour blessed this country with a more ancient, just and permanent descent of lawful Kings, then any other nation of the world, and extended our felicity beyond the happiness of our antecessors, by the justice, wisdom, and clemency of his majesties prosperous reign, and hath not onely rewarded his majesties zeal and righteousness with wealth and peace, but also honoured and strengthened him with the accession of the most mighty and flourishing kingdoms of England, France, and Ireland. Which visible favours proceeding directly from GODS most bountiful hand, moved the whole Estates of this kingdom assembled in the Parliament holden at Perth, the 9. of Iulie 1606. To aclowledge his majesties sovereign authority, Princely power, royal prerogative, and privilege of his crown over all estates persons, and causes whatsoever, within the kingdom: And all in one voice faithfully to promise, maintain, defend, obey& advance the life, safety, honour, dignity, sovereign authority,& prerogative royal of his sacred majesty, and privileges of his crown: And to with-stand all persons, powers& estates, who should presume, press, or intend any ways to impugn, hurt, or impair the same: As also his majesty, with aduise of the whole estates of this kingdom, in the Parliament holden at Edinburgh, the 22. day of May, ANNO 1584 ratified, approved, and perpetually confimed, his Majesties royal power and authority over all estates, as well spiritual as temporal, within this realm: And statuted and ordained, that his Highnesse, his heirs and successors, by themselves& their counsels, were, and in all times coming should bee, Iudges, competent to all persons his Highnesse elects, of whatsoever estate, degree, function or condition, that ever they be of, spiritual or temporal, in all matters wherein they or any of them should bee apprehended, summoned, or charged to answer unto such things as should be enquired of thē by our said sovereign Lord& his counsel: 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 hairs and successors, or their counsel in the premises, under the pain of treason: And likewise by the 48. Act of King james the first his Parliament, and diuers other Parliaments thereafter: It is ordained, that all the King his lieges live, and be governed under the kings laws and statutes, and under no laws of other Countries& realms, under the pains of treason,& other, particularly expressed in the Acts before mentioned,& other laws of this kingdom. Notwithstanding whereof it is of truth and verity, that you having renounced your natural allegiance and duty to your native and righteous King, and cast off all reverence, respect, and obedience to his sovereign authority and laws, and dedicated your mind and actions to the unlawful obedience of foreign powers, aduerfaries to his majesty, and resolving, so far as in you lieth, to seduce to his Majesties elects from the faith& allegiance due to his majesty, Repaired to his country in the way of june last past, or thereabout, And by your conferences, enticements, auricular confessions, mass saying, and other subtle& crafty means, endeavoured yourself not onely to corrupt many of his majesties lieges in religion: but also to pervert them from their dutiful obedience due to his majesty, till you were discovered and apprehended by the Archbishop of Glasgow, who with diuers his Majesties counsellors and others his good elects, used all Christian and charitable means to bring you to the sense of your heinous offences and desire of amendment thereof: But they losing all their well-intended labours, were( in respect of your perverse obstinacy) commanded by his majesty, to enter to your examination,& the trial of your heinous crimes and transgressions. And especially the said Archbishop of Glasgow, and many others of good rank and quality adjoined to him, by his majesty, for your examination, having vpon the 18. day of Ianuarie last, called you before them, to examine you vpon some particular interrogatories, prescriued by his majesty, to be demanded of you: as directly concerning his Majesties most sacred person, life, crown, and estate. And chiefly you being demanded by them, whether the Pope hath power to depose kings, being excommunicated? And in particular, If he haue power to depose the Kings majesty, our sovereign, being excommunicated by him? You answered treasonably, that you would not declare your mind, except to him that is judge in the controversies of Religion, whom( by your answer made to the latter part of the first interrogatory, demanded of you that day) you declared to bee the Pope, or any, having authority from him: Albeit by the Acts of Parliament and laws of this realm, 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 jurisdiction nor authority within this realm, in any time coming: And thereby not onely declined treasonably his Majesties jurisdiction, allowing of the Popes jurisdiction, 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 majesty, who holding his crown and authority absolutely, souerainly and immediately of GOD, may not be deposed by any earthly person, power, or authority. And thereafter you being demanded, If it be lawful to slay his Majesty, being excommunicated and deposed by the Pope? you answered. ut supra: which was, that you would not declare your mind till you were before the Pope, or others having authority from him: Thereby not onely declining treasonably his majesties jurisdiction& authority royal: But by your not answering clearly, that it is altogether unlawful, damnable, and diabolical, once to think that it is lawful to slay his most sacred majesty, you haue committed most heinous, pernicious, and unpardonable treason. And lastly, being demanded, if the Pope had power to assoil his majesties born subiectes from their natural allegiance, you answered, ut supra: and thereby both declined treasonably his Highnes jurisdiction& authority royal, in refusing to answer before his Maiest. counsellors& Commissioners foresaid, in one matter merely concerning his royal power over his people,& their subiection to his majesty: and also committed wilful and detestable treason, in not acknowledging professedly and presently, that none on earth had power to assoil his Maiest subiects from their natural subiection and allegiance to him. But that it may bee known that your treason proceeded of forethought felony, and obstinate resolution, you freely and vnrequiredly did add to your foresaid answers this damnable conclusion, that you condemned the oaths of supremacy and allegiance given to his Maiest by his subiects in his Dominions: whereby it is apparent, that your errand to this country, hath been to infect his Highnesse subiects, with the poison of your pestilent and treasonable opinion foresaid, to the subversion of Religion, overthrow of his majesties authority and Crown, and destruction of his most sacred And albeit the course of all his majesties life and reign, hath manifested, how unwilling he hath ever been to use the severity of his laws against those who hath said& heard mass, and otherwise controuened the Acts of Parliament made against idolatrous papistry, and practisers thereof within this kingdom, desiring rather to reclaim them by instruction, from their errors, to the knowledge and profession of the truth: And when he found them obdurat, and of desperate resolution, relieving the country of the dangerous progress of their courses, by their imprisonment and banishment, whereof you had such experience in the persons of your own complices, condemned for their manifest crimes, as might very probably haue made you to haue expected the like: if any memory of your native duty and born allegiance had possessed your mind: But you being altogether destitute thereof, by the three last Articles of your depositions above written, you haue so plainly discovered, that you professedly approve the means, and wish the effect of the ouer-throwe of his majesties estate, the destruction of his Highnesse person, and seduction of his native subiectes, from their subjection, and dutiful obedience: that thereby, and by every one of your foresaid answers, you haue committed most heinous, detestable, and unpardonable treason, and deservedly incurred the most rigorous pains thereof to be executed vpon your body, lands, and goods with all extremity to the terror of others.   

The Inditement being red, master William Hay, substitute for his majesties attorney, opened the same, to the effect following.  
ALbeit the inditement of itself be clear enough, and representeth sufficiently to my lords Iustices, their honourable Lordships here assisting, and to yourself John OGILVIE, who stands there accused, the weight and gravity of the crime by you committed, yet I shall resume it to you in few words, that your answers may be the more distinct, and without mistaking.  
You are not accused of saying mass, nor of seducing his majesties subiectes to a contrary religion, nor of any point touching you in conscience properly, but for declining his majesties authority, against the laws and statutes of the land, and for maintaining treasonable opinions: such as we of this realm haue not heard by any avowed. The statutes mentioned in your inditement, make it treason not to answer the Kings majesty, or his counsel in any matter which shall be demanded: You being examined by my Lord Archbishop of Glasgow, and other honourable persons adjoined to him by his majesties special commission, refused to answer unto diuers interrogatories proponed to you by their Lordships,& at the same time professedly avouched the Pope of Rome his jurisdiction, which by the laws of the country is many yeeres since plainly discharged: Therefore haue you incurred the penalty contained in the statutes, and the samine ought and should be executed vpon you.  
It is further laid unto your charge, that you being demanded in the particulars, namely, Whether the Pope hath power to depose the Kings majesty, our sovereign? Secondly, Whether it be lawful to slay his majesty, being deposed by the Pope? Thirdly, Whether the Pope hath power to assoil his majesties subiects, from their natural allegiance, or not? you denied to give any answer, touching any of these points, except ye were enquired thereof by the Pope, or others, having authority from him: and so not acknowledging, that his majesties crown and authority is held immediately and souerainely of GOD, the author of all government: that it is detestable once to think, that his sacred majesty may bee lawfully killed, and that no man hath power to assoil his majesties elects from their natural allegiance to his Highnesse: You haue in these points, and every one of them, committed most heinous treason: for the which what you say in your own defence I see not. And yet further that it may be seen, how desperate your resolution is in al these points, although you were not required concerning the oaths of supremacy& allegiance given to his majesty, by his subiectes, ye freely& out of your own motives, condemned these oaths, as impious and unlawful. Thereby hath it appeared what a wicked and treasonable mind you foster against his majesty, our sovereign. If you should deny it, here are your answers subscribed with your own hand, which ye cannot but aclowledge: them I desire to bee red, as likewise the several statutes of Parliament, which you are alleged to haue rransgressed, and thereafter, since his majesty is pleased, that the ordinary course of trial be kept unto you: you shall haue liberty to say for yourself, either against the relevancie of the Inditement, or verification produced, what you think best.   

Then were red the statutes of Parliament, mentioned in the Inditement, and the said John Ogilvies answers to the demands proponed unto him, which he acknowledged for his own, and the subscritpion thereto subjoined: after which, having licence of the Court to say what he could for himself, he spake to this effect:  
FIrst under protestation, that I do no way aclowledge this Iudgement, nor receive 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 kingdoms: but that, saith he, is known not to be so. As for your acts of Parliament, they are made by a number of partial men, the best of the Land not agreeing with them, and of matters not subject to their forum, or Iudicatorie, for which I will not give a rotten fig.  
Where I am thought an enemy to the Kings majesties authority, I know none other authority he hath, but that which he received from his predecessors, who acknowledged the Pope of Rome his jurisdiction. If the King, saith he, will be to me as his predecessors were to mine, I will obey and aclowledge him for my King, but if he do otherwise, and play the runneagate from God; as he and you all do, I will not aclowledge him more then this old hat.  
here the Archbishop of Glasgow interrupted his speech, desiring him to deliver his mind in a greater calm, and with more reverent speeches of his majesty( for he uttered those things in a vehement passion, and as one transported with fury) he remembered him that he was accused vpon his life, before Iudges that were authorised by his majesties commission: to decline the iudgement, or rail against his majesties authority was bootless, and in a man of his profession, being an ecclesiastic, very scandalous. He should rather take another course to amend what he had offended in, and recall his former answers, if they had not proceeded from a deliberate purpose, or if he were resolute to maintain them, to do it with reason, and in a moderate sort, that this were his best, either for justifying himself, and the opinions he held, or for moving the Iudges, and their Lordships that were assisting to commiserat his case: he advertised him withall to be more temperate in his speeches concerning his majesty, otherwise he would not be licensed thus to offend.  
To this, Ogilvie made some little answer, that he would take the advertisement, and speak more coldly: howbeit he would never aclowledge the Iudgement, nor think they had power to sit on his life, but said, And for the reverence I do you, to stand bare-headed before you, I let you know it is, ad redemptionem vexationis,& non ad agnitionem judicii.  
The advocate here insisted, that seeing all his answers tended to decline the Iudgement, and that he brought no reason why the Inditement should not go to a trial, that the jury should be chosen and sworn at the bar, according to the custom.  

THE NAMES OF THE jury.  
Sir GEORGE ELPHINGSTON, of Blythswood,  
Sir THOMAS BOYD, of Boneshaw,  
Sir james EDMESTON, of Duntraith, elder,  
james MURHEAD, of Lachop,  
james ROBERTON, of Ernock,  
hue CRAWFURD, of Iordane-hill,  
John CARSCHORE, of that Ilk,  
hue KENNEDY, provest of air,  
WILLIAM MAKARREL, of Hil-house,  
james BLAIRE, Baylie of air,  
John DUNLOP, of Powmilne,  
John STEWART, burgess of air,  
John DUMBAR, burgess there,  
james johnston, burgess there,  
John CUNNINGHAM, of Rawes.   
It was allowed the prisoner to challenge any of the fore-named persons, and to oppose unto their admission: who said, he had but one exception for them all: they were either enemies to his cause, or friends: if enemies, they could not bee admitted vpon his trial, and if they were his friends, they should stand prisoners at the bar with him.  
The jury being known to be all discrete and substantial persons, were instantly sworn and admitted.  
Then was the Inditement red again, in the hearing of the jury, and the evidences shewed them for verification thereof, which of before were produced. And the prisoner being of new remembered to say what he would for himself, for the better information of the jury, spake these things following:  

I Wish these Gentlemen to consider well what they do. I cannot bee tried nor judged by them, and whatsoever I suffer here, it is by way of injury, and not of iudgement. Iniuria est, non judicium. I am accused of treason, but haue done none offence, neither will I beg mercy.  
This is strange, saith the Archbishop, you haue done none offence, and yet you are come in his majesties kingdom, and hath laboured to pervert 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 even now forth of the kingdom, I should return: neither do I repent any thing, but that I haue not been so busy as I should, in that which ye call perverting. I hope to come to Glasgow, again, and to do more good in it: if all the hairs of mine head were priestes, they should all come into the kingdom.  
And do you not, saith the Archbishop, esteem it a fault to go against the King, his commandement, especially in this point of discharging you his kingdom. If a King haue any power within his kingdom, it seems he may rid himself and his country of those with whom he is offended, and it sauoures of great rebellion to say otherwise.  
To this OGILVIE replied, I am a subject as free, as the King is a King: he cannot discharge me, if I be not an offender, which I am not, and being asked, for what offences he might be discharged by the King, answered, in the cases of theft and murder.  
All this while said the Archbishop, you come not to answer any thing to the points of your inditement. Why did you decline his majesties authority,& refused to show your opinion anent the Pope, his power in deposing Kings, and losing subiects from their oath of allegiance?& when it was asked you, if it were lawful toslay the King, being deposed, and excommunicated by the Pope, which any loyal hearted subject will abhor to think of, why did you not simply condemn it as unlawful? for in that you do not condemn it, you show yourself of the opinion of the rest of your sect, who in their books maintain, that it is both lawful and commendable to slay Kings, if the Popes commission go forth once for it.  
For the declining of the Kings authority, saith he, I will do it still im matters of religion: for with such matters he hath nothing to do: neither haue I done any other thing, but that which the ministers did at Dundie: they would not aclowledge his majesties authority in spiritual matters more then I, and the best ministers of the land are still of that mind, 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 assembly, contended not against the kings authority, but that the assembly called to that place and time, could not be discharged by his majesties Commissioner: neither should the fact of a few, take it at the worst, be esteemed the dead of the whole. These haue been punished for their offences,& some of them haue confessed their error, and been graciously pardonned by his majesty: all good Ministers profess otherwise,& our Religion teacheth us to aclowledge his majesty our onely supreme judge in all causes. The King is keeper of both Tables,& his place bears him not onely to the ruling of his subiects in iustice, and preserving equity amongst them: but even to maintain Religion and GODS pure worship, of which he should haue principal care. Your lord the Pope, hath not onely denied this authority to Kings, which GOD giveth them, but usurpeth to himself a power of deposing and killing when he is displeased, and it were the less to be regarded, if this his usurpation had gone no further then your pens: but you haue entred, by this pretended right, the throats of the greatest Kings, as your practise vpon the two last HENRIES of FRANCE bears witness: You are not able to lay such imputation vpon us, nor our profession, which teaches, that next unto GOD almighty all men are bound to fear, serve, and honour their kings. But what answer you, touching these demands? Hath the Pope power to depose the King? or is it not murder to kill him, being deposed by the Pope?  
I refused of before, said he, to answer such questions, because in answering I should aclowledge you Iudges in controversies of Religion, which I do 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 majesty? or do you think it a controversy in Religion, Whether his majesty( whom GOD save) may be lawfully killed or not?  
To this Ogilvie replied, It is a question amongst the Doctrous of the Church, and many hold the affirmative not improbably: a council hath not yet determined the point: and if it shall bee concluded by the Church, that the Pope hath such power, I will give my life in defence of it, and if I had a thousand lives, I would bestow them that way, if they will make an article of faith of it. Being urged to declare his own opinion, especially in that point, whether it were murder, to kill his majesty, being deposed by the Pope, he answered, that he would not say it were unlawful though he should save 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 virtue of Christes saying to PETER, Pasce oves meas. That if the King offended against the catholic Church, the Pope might punish him as well as a shepherd or the poorest fellow in the country. That in abrogating the Popes authority, the estates of Parliament had gone beyond their limits, and that the King in usurping the Popes right, had lost his own. Nam qui rapit jus alienum, saith he, perdit jus ad suum.  
being asked touching the oath of allegiance, why he did condemn it, and the samine being red unto him, he said, It was a damnable oath, against God, and his truth, and that it was treason to swear it: because it brought the Kings person and state in danger: since this kingdom, saith he, was Christian, the Popes supreme power was always acknowledged: this being cast off,( as wee see in the act of your Parliament) against all reason and conscience, and subiectes forced to swear to a matter so unlawful, what marvell that attempts and dangerous courses be taken against him. Iustissima lex est, ut quae agit aliquis, talia patiatur. But would the King leave off his usurping vpon the Pope, he might live without fear, as well as the king of spain, or any other Christian prince: and with this he intermixed some speeches of his own service& the service of other jesuits done to his majesty, whereof he said, Neuher Bishop, nor Minister, nor all the Bishops and Ministers in his majesties kingdoms had done, or could do the like.  
The further he proceeded in speaking, his speeches still grew to bee the more intolerable: therefore the Archbishop of Glasgow willing him to make an end, did close all with some words to the jury, to this effect. Gentlemen, and others, who are name vpon this assize, though I minded to haue said nothing, but satin here a witness of the proceeding, I haue been forced by his proud and impudent speeches, somewhat to reply, and must with your patience say a little more. It is this same day, two and twenty weekes past, that this prisoner fell into mine hands, since that time he hath had leisure to think enough what course was fittest for himself to take, for satisfying his majesty whom he had offended: neither hath he lacked counsel and aduise, the best that wee could give him. Besides, he hath found on our parte nothing, but courteous dealing, and better entertainment, then( I must now say it) he hath deserved. Mine own hopes were, that he would haue followed another course, then I see he hath taken, and not stand to the answers, which he made to those demands, which were moved unto him, by his Majesties Commissioners, and you haue seen: But if his answers at the first were treasonable, they are now so little bettered, as in all your hearinges, he hath uttered speeches most detestable, made a commentary worse then the text was, and shewed himself to carry the mind of an arrant and desperate traitor. You perceive he obscures not his affection towards the kings majesty, our sovereign, in all his speeches, preferring the Pope to his majesty: And which is more intolerable, affirmeth the kings Maistie, to haue lost the right of his kingdom, by usurping vpon the Pope. he will not say, it is unlawful to kill his majesty, he saith, it is treason for subiectes to swear the oath of allegiance, and meaneth so much in his last words, as the kings Majesties life and estate cannot bee assured, except he render himself the Popes vassal.  
Thus hath he left you little to do: except that his Majesties pleasure is, the ordinary form bee kept with him, you should never need once to remove: all his speeches haue been so stuffed with treason, that I am sure the patience of the Noble-men, and others here present, hath been much provoked.  
In al that he hath said, I can mark but two things alleged by him, for the Popes authority over kings, the words of our saviour to Saint Peter, Pasce oves meas, feed my sheep: And the subjection of kings, especially of our kings, since the kingdom became Christian, to the Pope: for the words of our saviour, howe little they serve his purpose, I haue no need to tell you. To feed the sheep of CHRIST, is not, I hope, to depose kings from their estates, nor to inflame the heartes of elects, against Princes: much less to kill and dispatch them: Wee are better taught, then to bee deceived with such glosses. Saint Peter made never that sense of those words, and teacheth us a far other doctrine, in his first Epistle, fift Chapter, and second and third verse.  
I will not spend time with such purpose, onely this I must say, that whatsoever was Saint Peters prerogative, the Pope of Rome hath nothing to do with it: for he cannot bee Saint Peters successor, that hath forsaken his doctrine, and gone against his practise directly, both in that and other points of Christian faith. And for the antiquity of his usurped power, I may justly say, that Master Ogilvie is not well seen in antiquity, or then speaketh against his knowledge, when he saieth, that this power of the Pope was ever acknowledged by Christian kings: The Bishops of Rome, for many yeeres, made no such claim, neither did Emperours or kings ever dream of such subjection: Long it was ere the Pope of Rome came to the height of commanding kings, and not till he had oppressed the Church, under the pretext of Saint Pieters keys, bearing down all the Bishops within christendom: Which having done, then, he made his invasion vpon Princes, and that by degrees. The Histories of all Ages make this plain, and the resisting he found by kings in their kingdoms, testifieth that they never acknowledged his superiority. Of our own, howbeit as wee lie far from his seat, so had wee less business and fewer occasions of contradiction: yet can I make it seen in diuers particulars, when any question fell out anent the provision of Bishops and Archbisshops to their places, the bulls of Rome were so little respected, as the kings predecessors haue always preferred and born out their own choice, and the interdictions made vpon the realm, by these occasions, not without some imputation of weakness to the sea apostolic, haue been recalled. The superstitions of Rome were amongst us last embraced, and with the first, by the mercies of GOD shaken off: whatsoever you brag of your antiquity, it is false, both in this& all the points of your Profession else, which I could clear, if this time or place were fitting. But to you, of this jury, I haue this only more to say, You are to inquire vpon the verity of the Inditement, whether such& such things as are alleged to bee committed by him, haue been so or not: you haue his subscription, which he acknowledgeth, you hear himself, and how he hath most treasonably disavowed his Majesties authority: It concerns you onely to pronounce as you shall find verified by the speeches that you haue heard, and the testimonies produced. For the rest, the Iustices know sufficiently what to do, and will serve GOD and his majesty, according to the commission given them.  
master William Hay, advocate for his majesty, asked instruments vpon the prisoners treasonable speeches, uttered in the hearing of the jury, and his ratification of the former answers, made to his Majesties Commissioners: Likewise for the further clearing of the Inditement, repeated the acts of Parliament mentioned in the said Inditement, with the Act of privy counsel, made anent his Majesties supremacy, and the oath of allegiance: And desired the jury deeply to weigh and consider the perverse and devilish disposion of the party accused: To the effect they might without scruple proceed in his conviction. And according to his place, protested for wilful error, if they should acquit him of any point contained in the said Inditement.  
The persons name vpon the jury, removed to the higher house, which was prepared for them, and having elected Sir GEORGE ELPHINGSTONE, Chancellar, all in one voice found the prisoner guilty of the whole treasonable crimes contained in the Inditement.  
Which being reported by the said Sir GEORGE ELPHINGSTON, and confirmed by the whole jury, then returned into the Court, judgement was given, by direction of the Iustices, That the said John OGILVIE, for the treasons by him committed, should bee hanged and quartered.  
The Arch-bishop of Glasgow demanded, if Ogilvie would say any thing else?  
Ogilvie answered, No, my lord, But I give your lordship thankes for your kindness, and will desire your hand.  
The Arch-bishop said, If you shall aclowledge your fault done to his majesty, and crave GOD and his Highnesse pardon, I will give you both hand and heart, for I wish you to die a good Christian.  
Then Ogilvie asked, If he should bee licenced to speak unto the people?  
The Arch-bishop answered, If you will declare, that you suffer according to the Law, justly for your offence, and crave his majesty pardon for your treasonable speeches, you shall be licenced to say what you please: otherwise you ought not to bee permitted.  
Then said he, GOD haue mercy vpon me! And cried aloud, If there bee here any hidden catholics, let them pray for me, But the Prayers of heretics I will not haue.  
And so the COURT arose.     

A TRUE RELATION, OF such things AS passed at the Execution of John OGILVIE, vpon the last day of february, anno 1615. being tuesday, in the afternoon.  
AFter Iudgement was given, by the space of some three houres, he remained in the place where he was convicted, having leisure granted him to prepare himself for death. he continued a while vpon his knees at prayer, with a cold devotion: and when the hour of execution approached, his hands being tied by the executioner, his spirits were perceived much to fail him. In going towards the scaffold, the throng of people was great, and he seemed much amazed, and when he was up, Master ROBERT SCOT, and Master WILLIAM STRVTHERS Ministers, very gravely and christianly exhorted him to a humble acknowledgement of his offence, and if any thing troubled his mind, to disburden his conscience. In matters of religion, they said, they would not then enter, but prayed him to resolve and settle his mind, and seek mercy and grace from GOD, through IESVS CHRIST, in whom onely salvation is to bee found. OGILVIE answered, That he was prepared and resolved. Once he said, That he died for religion, but uttered this so weakly, as scarce he was heard by them that stood by vpon the scaffold. Then addressing himself 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 heinous treason against his majesty, which he prayed GOD to forgive him. OGILVIE hearing this, said, Hedoeth me wrong. One called John ABIRCRVMIE, a man of little wit, replied, No matter, John, the more wrongs, the better. This man was seen to attend him carefully, and was ever heard asking of OGILVIE some token before his death, for which and other business he made with him, he was put off the scaffold.  
OGILVIE ending his prayer, arose to go up the ladder, but strength and courage, to the admiration of those who had seen him before, did quiter forsake him: he trembled, and shaked, saying, he would fall, and could hardly bee helped vpon the top of the ladder, he kissed the Hang-man, and said, Maria, matter 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 foot had some difficulty to hear him.  
The Executioner willed him to commend his soul to GOD, pronouncing these words unto him, Say, John, Lord haue mercy on me, Lord receive my soul: which he did, with such feebleness of voice, that scarcely he could be heard: then was he turned off,( his left foot for a space taking hold of the ladder, as a man unwilling to die) and hung till he was dead. His quartering, according to the Iudgement given, was for some respects not used, and his body butted in a place that is kept for Male-factors.  
This was the end of that unhappy man, in whose death any man that had eyes, might see what a graceless and comfortless Religion popery is: The power of Religion manifesteth itself chiefly in the hour of death, the sight of a reconciled GOD, the assurance and persuasion of favour through CHRIST, furnisheth spirit and boldness, and maketh a man willing to depart and quiter this life: But Popish Religion teacheth vncertainetie of salvation, and leadeth a man to other saviours, who can neither help nor comfort, in the hour of death. What marvel, that men, who lean to such rotten and unprofitable helps, lacking, and disappointed of the assistance they hoped for, show a faint and cowardly mind at their last?  
This onely I haue further to advertise, that since his execution wee haue understood, by some persons, who visited him at times during his imprisonment, that amongst other his speeches with them, he said this, That if he had escaped his apprehension at this time, and lived till whitsunday next, he should haue done that which all the Bishops and Ministers, both in ENGLAND and SCOTLAND should never haue helped. And if he might haue lived at liberty unto that time, he would willingly haue been drawn in pieces with horses, and haue given his body to haue been tormented. Whereof what shall any man collect, but that this villain was about ●●me desperate enterprise.  
GOD, that in mercy hitherto detected and disappointed the malicious devices of the wicked, against his CHURCH, continue with us his favour, and give us to depend steadfastly on his providence. And to all the enemies of GOD and the King, let it befall, which wee haue seen vpon this wicked and accursed person. AMEN.  
FINIS.