ther the pope have power to assoil subjects from the oath of their born and natural allegiance to his majesty?"

Upon the 18th of Jan. the foresaid questions being read distinctly unto him, and he required to declare his opinion thereanent answered as follow eth:

rising up from the ground, said, I will neither | jesty?-3. Whether the pope have power to lye nor equivocate, but what I say shall be depose kings, by him excommunicated; and in ⚫ truth; and what I am asked, if I find it imper- particular, whether he have power to depose Itinent for me to answer, I will say nothing, the king his majesty ?-4. Whether it be no or declare plainly I will not tell.' murder to slay his majesty, being so excommuThen being enquired of his coming into Scot-nicated and deposed by the pope ?-5. Wheland, the time and business he came to do, answered, his business was to save souls. Touching the time when he came into Scotland, answered in the June before: where he was apprehended to equivocate, notwithstanding of his protestation; for he meaned of his last coming, and 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 tell; and if he had said mass in any place, he answered, he would not say any thing that might work pre4judice to himself or others' and because he had professed, that he would not lye, the reply he commonly made to such question 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.

The 12th of December, he was presented at Edinburgh, before the lords commissioners, appointed by his majesty's missive for his examination and trial: namely, The lord of Binning, secretary, the lord of Kilsyth, sir Gideon Murray, the thesaurer deputy, and sir William Oliphant, his majesty's attorney-general: to whom he answered in all that was proponed, as of before at Glascow. There the letters intercepted with him were presented, which he ac- | knowledged to be his: yet being demanded touching certain particulars contained in them, he denied to give their lordships any satisfaction. So as their lordships perceiving nothing but a pertinacious refusing in him to answer to points most reasonable, and withal apprehending his stay at court in the last summer, to have been for some worse service than he could speed in, determined, according to the power given them, to extort by torments another confession; which being intimated to him, and he replying that he was ready to suffer what they pleased, it was thought fit to prove him with the easiest form of trial that could be used.

It pleased his majesty in this time, while he was remaining at Glascow, to send a commission to the archbishop of Glascow, the lord bishop of Argyle, the lord Fleming, sir George Elphingston, and James Hamilton provost of the city of Glascow, for trying the said Ogilvie.

"To the first, that he thought the pope of Romne judge to his majesty, and to have power over him in spiritualibus, if the king be a christian: and where it is asked, if that power will reach over his majesty in temporalibus, he says, he is not, obliged to declare his opinion therein, except to him that is judge in controversies of religion, which he acknowledges to be the pope, or some one having authority from him.-To the second he answered, That the pope hath power to excommunicate his majesty: and where it is said, that the king is not of the pope's church; he saith, that all who are baptized are under the pope's power.-To the third, where it is asked, if the pope have power to depose his majesty, being excommunicated; answered, that he will not declare his mind, except to him that is judge in controversies of religion.-To the fourth, whether it be lawful to slay his majesty, being excommunicated and deposed by the pope: answered ut supra.-To the fifth, whether the pope hath power to assoil subjects from their born and natural allegiance to his majesty? answered, ut supra.”

In all these articles he was particularly reasoned with, by the archbishop of Glascow, Mr. Robert Boyde principal of the college, (n man of rare erudition) and Mr. Robert Scot, one of the ministers of the city; where it was also signified unto him, that it concerned him in no less than 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, be added. this further," that he condemned the oaths of supremacy and allegiance proponed to be sworn in England," and would needs have the writer to insert those words, to all which he put his hand, subscribing thus, " JOHANNES OGILVEUS, Societatis Jesu."

These Answers being sent to his majesty, under the testification of the foresaid commisHis opinion touching his highness's royal stoners, his highness gave orders to the lords of power, and the pope's claimed jurisdiction, the privy-council for his trial, which was apmaintained by Bellarmine, Suarez and others pointed to be at Glascow, the last of February. of that sort: The questions were these.-1. Immediately after, the archbishop of Glascow "Whether the pope be judge, and have power directed the provost and bailiffs of the city unto in spiritualibus over his majesty, and whether him, to signify, that Tuesday following was ap-that power will reach over his majesty, even in pointed for arraignment, and that “he would temporalibus, if it be in ordine ad spiritualia,' not be accused for mass-saying, or any thing as Bellarmine affirmeth?-2. Whether the else that concerned his profession, but for the pope have power to excommunicate kings, (espe- | Answers that he had made to the demands procially such as are not of his church) as his ma-posed to him by his majesty's commissioners."

They declared also, that if he should upon better resolution recal those Answers, and apply himself to give his majesty satisfaction in other points, which of duty he was obliged unto, the said archbishop would use his credit with his highness, and the lords of the privy-council 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 recal any thing he had said, as when he came to the place he would make a commentary upon his answers.”

The Arraignment of JOHN OGILVIE, Jesuit, on Tuesday the 28th of February, in the Town-house of Glascow, before James Hamilton, Provost of Glascow, James Bell, Colin Campbell, and James Bradwood, Bailiffs of the City, Justices appointed by special Commission for that Business, by the Lords of the Privy-Council.

THE foresaid Judges being assisted by the honourable lords there present:

John, archbishop of Glascow; James marquis of Hamilton; Robert, cail of Lothian; William, lord Sanquhar; John lord Fleming; Robert, lord Boyde; And sir Walter Stewart, baily-deputy of the regality of Glascow.

On Tuesday the last of February, a little after eleven of the clock in the forenoon, the court being set, Mr. William Ilay, of Baro, commissary of Glascow, deputed by special commission from sir William Oliphant of Newton, his majesty's Attorney General, produced the Indictment following; together with the citation used against those who were to pass upon the Jury, and the roll of their particular names, subscribed with his hand, according to the custom observed in those cases.

The INDICTMENT of John Ogilvie, Jesuit, after

or intend any ways to impugn, hurt, or impair the same; As also his majesty, with advice of the whole estates of this kingdom, in the parlia ment holden at Edinburgh, the 22d of May, anno 1584, ratified, approved, and perpetually confirmed, his majesty's royal power and authority over all estates, as well spiritual as temporal, within this realm; and statuted and ordained, that his highness, bis beits and successors, by themselves and their counsellors, were, and in all times coming should be, judges, competent to all persons his highness's subjects, 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 be apprehended, summoned, or charged to answer, unto such things as should be inquired of them by our said sovereign lord and his council; and that none of them who should be apprehended, called or summoned, to the the form of the law of Scotland. effect aforesaid, should presume or take in "JOHN 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 earth, for repressing of vio- | after, it is ordained that all the king's lieges live lence, oppression, and vice, and the promoting and be governed under the kings laws 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 hath not only rewarded his majesty's zeal king, and cast of all reverence, respect, and and righteousness with wealth and peace, but obedience to his sovereign authority and laws, also honoured and strengthened him with the and dedicated your mind and actions to the accession of the most mighty and flourishing unlawful obedience of foreign powers, adverkingdoms of England, 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 maestates of this kingdom assembled in the parlia-jesty, repaired to this country in the month of ment holden at Perth, the 9th of July, 1606, June last past, or thereabout. And by your to acknowledge his majesty's sovereign autho- conferences, inticements, auricular confessions, rity, princely power, royal prerogative, and pri- mass-sayings and other subtle and crafty means, vilege of his crown over all estates, persons and endeavoured yourself not only to corrupt many causes whatsoever, within the kingdom; and of his majesty's lieges in religion; but also to all in one voice faithfully to promise, maintain, pervert them from their dutiful obedience due defend, obey and advance the life, safety, to his majesty, till you were discovered and honour, dignity, sovereign authority and pre-apprehended by the archbishop of Glascow, rogative royal of his sacred majesty, and privi-who, with divers his majesty's counsellors and leges of his crown: and to withstand all persons, others his good subjects, used all christian and powers, and estates, who should presume, press, charitable means to bring you to the sense of

your heinous offences, and desire of amendment | 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 damnable your examination, and the trial of your heinous conclusion, that you condemned the oaths of crimes 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, hath 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 dedemanded 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 his majesty's life and reign estate: And chiefly you being demanded by hath manifested how 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, if he have power to depose the king's ma- wise contravened the acts of parliament made jesty, our sovereign, being excommunicated by against idolatrous papistry, and practisers therehim? You answered treasonably, that 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 imprison-` authority from him; albeit by the acts of pa- ment and banishment, whereof you had 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 night 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 only declining treasonably his ma- mind: but you being altogether destitute therejesty's jurisdiction, allowing of the pope's juris-ot, by the three last articles of your depositions diction, 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, sovereignly, 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 only declining treasonably his majesty's jurisdiction and authority royal, but by your not answering clearly, that it is altogether unlawful, dainnable, and Albeit the Indictment of itself be clear diabolical, once to think that it is lawful to enough, and representeth sufficiently to my slay his most sacred majesty, you have com- lords justices, their honourable lordships here mitted most heinous, pernicious, and unpardon-assisting, and to yourself John Ogilvie, who able treason. And lastly, being demanded, if the pope had power to assoil his majesty's born subjects from their natural allegiance? You answered, "ut supra :" and thereby both declined treasonably his highness's jurisdiction and anthority-royal, in refusing to answer before his majesty's counsellors and commissioners aforesaid, in one matter merely concerning his royal power over his people, and their subjection 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 majesty's subjects from their natural subjection and allegiance to him.

above written, you have so plainly discovered, that you professedly approve the ineans, and wish the effect of the overthrow of his majesty's estate, the destruction of his highness's person, and seduction of his native subjects from their subjection and dutiful obedience: that thereby, and by every one of your foresaid auswers, you have committed most heinous, detestable, and unpardonable treason, and deservedly incurred the most rigorous pains thereof to be executed upon your body, lands, and goods, with all extremity, to the terror of others."

The Indictment being read, Mr. William Hay, substitute for his majesty's Attorney, opened the same, to the effect following:

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 majesty's subjects to a contrary religion, nor of any point touching you in conscience properly; but for declining his majesty's authority, against the laws and statutes of the land, and for maintaining treasonable opinions: such as we of this realm have not heard by any avowed. The statutes mentioned in your Indictment, make it treason not to answer the king's majesty, or

This council in any matter which shall be demanded; you being examined by my lord archbishop of Glascow, and other honourable persous adjoined to him by his majesty's special commission, refused to answer to divers interrogatories proponed to you by their lordships, and at the same time professedly avouched the pope of Rome his jurisdiction, which by the laws of the country is many years since plainly discharged therefore have you incurred the penalty contained in the statutes, and the same ought and should be executed upon you.

:

treason in all places, and in all kingdoms; but that, saith be, 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 judicatory, for which I will not give a rotten fig.

Where I am thought an enemy to the king's majesty's authority, I know no other authority he hath, but that, which he received from his predecessors, who acknowledged the pope of Rome's jurisdiction. 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 do otherwise, and play the runnagate from God, as he and you all do, I will not acknowledge him more than this old hat.

It is further laid unto your charge, that you being demanded in the particulars, namely, Whether the pope hath power to depose the king's majesty, our sovereign? 2ndly, Whether it be lawful to slay his majesty, being deposed 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 his mind in their natural allegiance, or not? You denied to a greater calm and with more reverend speeches give any answer, touching any of these points, of his 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 having authority from him and so fury). He remembered him, that he was acnot acknowledging, that his majesty's crown cused upon his life, before judges that were auand authority is held immediately and sove- thorized by his majesty's commission: to dereignly 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 his ered majesty may be lawfully killed, and that profession, being an ecclesiastic, very scanda no man has power to assoil his 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 ness 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 see not. And yet further that it may be seen, how desperate your resolution is in all these points, although you were not required concerning the oaths of supremacy and allegiance given to his majesty, by his subjects, ye freely, and 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 soveTo this Ogilvie made some little answer, reign. If you should deny it, here are your That he would take the advertisement, and answers subscribed with your own hand, which speak more coolly; how beit, he would never ye 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 life; but said, And for the liament, which you are alledged to have trans- reverence I do you, to stand bare-headed before gressed, and thereafter, since his majesty is you, I let you know it is, Ad redemptionem pleased, that the ordinary course of trial be vexationis, et non ad agnitionem judicii.’ kept unto you; you shall have liberty to say for yourself, either against the relevancy of the Indictment, or verification produced, what you think best.

in a moderate sort; that this were his best, either for justifying himself, and the opinions he held, or for moving the judges, and their lordships that were assisting, to commiserate his case. He advertised him withal to be more temperate in his speeches concerning his majesty, otherwise he would not be licensed thus to offend.

The Advocate here insisted, that seeing all his answers tended to decline the judgment, and that he brought no reason why the indictment should not go to a trial, that the jury should be chosen and sworn at the bar, according to the custom.

Then were read the statutes of parliament mentioned in the Indictment, and the said John The Names of the Jury: sir George ElOgilvie's Answers to the Demands propon-phingston, of Blythswood; sir Thomas Boyd, ed unto him, which he acknowledged for his of Boneshaw; sir James Edmeston, of Dunown, and the subscription thereto subjoin-traith, elder; James Murhead, of Lachop; ed; after which, having license of the court to say what he could for himself, he spake to this effect:

James Roberton, of Ernock; Hugh Crawford, of Jordan-bill; John Carschore, of that ilk; Hugh Kennedy, provost of Aire; William Makar:el of Hill-house; James Blaire, bailie of Aire; James Dunlop, of Powmilne; John Steward, burgess of Aire; John Dumbar, burgess there; James Johnston, burgess there; John Cunningham, of Raves.

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 be admitted upon his trial; and if they were his friends, they should stand prisoners at the bar with him.

The Jury were instantly sworn and admitted. Then was the ladictment read 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 be tried nor judged by them; and whatever I suffer here, it is by way of injury, and not of judgment. Injuria est, non judicium. I am accused of treason, but have done none offence, neither will I beg mercy.

Archbishop. This is strange, you have done none offence, and yet you are come in his majesty's kingdom, and have laboured to pervert his highness's subjects; both of these are against the law: In this have ye not offended? Ogilvie. I came by commandment, and if I were even now forth of the kingdom, I should return: neither do I repent any thing, but that I have not been so busy as I should, in that which ye call perverting. I hope to come to Glascow again, and to do more good in it. If all the hairs of mine head were priests, they should all come into the kingdom.

Ogilvie. For the declining of the king's anthority, I will do it still in matters of religion; for with such matters he hath nothing to do: neither have I done any other thing, but that which the ministers did at Dundee; they would not acknowledge his majesty's authority in spi ritual matters inore than 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 Dundee, but Aberdeen, where eight mi nisters meeting in a general assembly, contended not against the king's authority, but that the assembly called to that place and time could not be discharged by his majesty's com→ missioner neither should the fact of a few, take it at the worst, be esteemed the deed of the whole. These have been punished for their offences, and some of them have confess→ ed their error, and been graciously pardoned by his majesty. All good ministers profess other wise, and our religion teaches us to acknow ledge his majesty our only supreme judge in all causes. The king is keeper of both tables, and his place bears him not only to the ruling of his subjects in justice, and preserving equity amongst them, but even to maintain religion and God's pure worship, of which he should have principal care. Your lord the pope hath not only 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 than your pens: but you have entered, by this pretended right, the throats of the greatest kings, as your practice upon the two last Henrys of France bears witness. You are not able to lay such imputation upon us, nor our profession, which teaches, that next unto God Al mighty, all men are bound to fear, serve, and honour their kings. But what answer you Hath the pope

Archbishop. And do you not esteem it a fault to go against the king's commandment, especially in this point of discharging you his kingdom? If a king have any power within his kingdom, it seems he may rid himself and his country of those with whom he is offended; and it savours of great rebellion to say other-touching these demands? wise.

Ogilvie. 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 he discharged by the king? answered, in the cases of theft and murder.

Archbishop. You come not to answer any thing to the points of your indictment. Why did you decline his majesty's authority, and refused to shew your opinion anent the pope, his power in deposing kings, and loosing subjects from their oath of allegiance? And when it was asked you, if it were lawful to slay the king, being deposed, and excommunicated by the pope, which any loyal-hearted subject will abhor to think of, why did you not simply con demn it as unlawful? For in that you do not condemn it, you shew 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 pope's commission go forth once for it.

power to depose the king? or is it not murder to kill him, being deposed by the pope?

Ogilvie. I refused before to answer such questions, because in answering, I should acknowledge you judges in controversies of reli gion, which I do not. I will not cast holy things to dogs.

Archbishop. Is it 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?

Ogilvie. It is a question amongst the doctors of the church, and many hold the affirmative not improbably. A council hath not yet determined the point: and if it shall be 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 by the court to declare his own opinion, especially in that point, whether it