JAN. 6.]

Robert Stuart was brought to trial in Edinburgh, and condemned to

death. He was a youth of only twenty-two, ‘of a tall stature and

comely countenance;’ and it is to be remembered in his favour, that

he withstood all the persuasions of the Earl of Caithness to give up

Kirkwall Castle, foreseeing that he should be tortured into revealing

his father’s guilt; he only surrendered on finding that Halcro was

going to betray him. He died penitent, with five of his company.

The doom of the earl, the prime mover of the rebellion, followed. He

‘took the sentence impatiently.’ An attempt was made to excite the

king to spare the royal blood, but without effect. ‘The ministers,

finding him so ignorant that he could scarce rehearse the Lord’s

Prayer, entreated the Council to delay his execution some few days,

till he were better informed, and received the Lord’s Supper.... So he

communicate on the Lord’s day, the 5th of February, and was beheaded

at the market-cross of Edinburgh upon Monday the 6th of February; when

Sir Robert Ker, the Earl of Rochester, was decourted. The king laid the

blame of his death upon him [Rochester], but late, as his custom was,

when matters was past remedy.’--_Cal._ _G. H. S._ _Pit._

An entry in the session record of Perth, under September 1632, forms a

curious and striking pendant to the history of this unfortunate branch

of the Stuart family. ‘Disbursed at the command of the ministers to

ane young man called Stewart, son to umwhile the Earl of Orkney, seven

shillings.’

* * * * *

[Sidenote: FEB. 28.]

This day, John Ogilvie, a Jesuit, was hanged in Glasgow, being the

first priest who had suffered in that way in Scotland since the

execution of the Archbishop of St Andrews at Stirling in 1571.[356]

[Sidenote: 1615.]

Ogilvie was a Scotsman of good family, who had lived for twenty-one

years in a Jesuit college at Gratz. He came to Scotland in the autumn

of 1613, and spent some time amongst the Catholics in the north, then

went to London, and finally came back to Scotland in June 1614. For

three months he lived skulkingly in Glasgow, occasionally performing

mass, but was at length apprehended in October, along with thirteen or

fourteen persons who had been present at those ceremonies. The latter

were thrown into Dumbarton Castle, and only liberated on payment of

large fines. Ogilvie himself was subjected to examination and trial.

The only account he would give of himself was that he came to Scotland

at the command of his superiors, ‘to save souls.’ To induce further

confession, he was put on low diet and kept from sleep for several

nights in succession; and being thus made ‘light in the head,’ he

‘began to discover certain particulars, but, howsoon he was permitted

to take any rest, he denied all, and was as obstinate in denying as at

first.’

The king, who was tolerant of the religion of the papists, as apart

from their anarchical doctrines regarding papal supremacy, told his

Council to let Ogilvie go unharmed into banishment, if he was but

a Jesuit who had said mass, and only to deal severely with him if

he had been a practiser of sedition, or refused to take the oath of

allegiance. They soon found from his answers to certain questions that

he was a bold and decided adherent of the doctrines of his order,

holding that the pope was superior to the king, and might excommunicate

him, and not clearly denying that the subjects might thus be absolved

from their allegiance to their sovereign, and even slay him. He

denied that he had been guilty of any real crime, saying that acts of

parliament were but the dicta of partial men. The king’s authority came

from predecessors who had acknowledged the supremacy of the pope: ‘if

he will be to me as his predecessors were to mine, I will acknowledge

him,’ not otherwise. In declining the king’s authority in such matters,

he did no more than the best of the Presbyterian clergy did--a course

in which they would persevere if they were wise. ‘I have done no

offence,’ said he, ‘neither will I beg mercy. If I were even now forth

of the kingdom, I should return. If all the hairs in my head were

priests, they should all come into the kingdom.’

The one chance which Ogilvie had in the tolerant spirit of the king

was thus closed. The zealous Presbyterians had of course nothing to

say in arrest of judgment. According to their historian, the bishops

felt it to be necessary that they should do something decided against

the papists ‘_for honesty’s sake_‘--that is, some unmistakably sound

and good thing on the right side, such as the hanging of a Jesuit

clearly was--lest they should appear more inclined to persecute the

ministers of the true, than those of a false religion. Accordingly,

John Spottiswoode, archbishop of Glasgow, was all along the most

conspicuous man in the prosecution of the unfortunate Jesuit. The trial

took place in the Town-hall of Glasgow, before a commission composed of

the magistrates and a number of noblemen, and condemnation was followed

in _three hours_ by execution.

[Sidenote: 1615.]

‘He continued a while upon 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 Scott and Mr William

Struthers, ministers, very gravely and Christianly exhorted him to a

humble acknowledgment of his offence, and if anything 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 Jesus Christ, in whom

only salvation is to be found. Ogilvie answered that “he was prepared

and resolved.” Once he said that he died for religion, but uttered this

so weakly as scarce to be heard by them that stood by on the scaffold.

Then addressing himself to execution, he kneeled at the ladder-foot,

and prayed. Master Robert Scott, 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: “He doeth me wrong.” One called John

Abercrombie, 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

quite forsake him. He trembled and shaked, saying he would fall, and

could hardly be helped up on the top of the ladder. He kissed the

hangman, and said: “Maria, Mater gratiae, ora pro me; Omnes Angeli,

orate 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 have mercy on me, Lord receive

my soul!” which he did, with such feebleness of voice, that scarce

could he be heard. Then he was turned off, and hung till he was

dead.’[357]

[Sidenote: 1615.]

This hanging would of course have procured some popularity for the

king and bishops, if it had proceeded from the right motive. But the

people saw that no gratitude was really due. ‘Some,’ says Calderwood,

‘interpreted this execution to have proceeded rather of a care to

bless the king’s government, than of _any sincere hatred of the popish

religion_. Some [alleged] that it was done to be a terror to the

sincerer sort of the ministry, not to decline the king’s authority in

ony cause whatever.’

* * * * *

[Sidenote: MAR.]

There was believed to be at this time an unusual number of Jesuits

and seminary priests in Scotland, ‘pressing by all means possible to

subvert the true religion.’ The kirk launched a fast at them, and

ordered a general celebration of ‘the holie communion’ for discovery

of all recusants. In Aberdeen, the elders subsequently reported

three men and two women as having been absent on this occasion. Such

persons were proceeded against, so as to force them, if possible, into

conformity, in which case each person was expected to come forward

publicly, and declare, ‘for the peace of my own conscience,’ I do, ‘by

my own free choice and voluntary consent, renounce all the errors and

superstitions of popery,’ and profess, ‘in the true simplicity of my

heart,’ that ‘I shall own and maintain all the doctrines of the true

Reformed Protestant Religion, and shall adhere to the whole worship

and discipline thereof to my life’s end.’[358] In the present case,

four persons remained recusant, and actually were excommunicated in the

ensuing January; thus, in fact, losing all privileges as subjects of

the realm.

[Sidenote: 1615.]

On the 14th of August, three citizens of Edinburgh, named Sinclair,

Wilkie, and Cruikshanks, all men in respectable circumstances, were

tried for the crime of entertaining in their houses three Jesuits or

trafficking priests, including the unfortunate John Ogilvie. Sinclair

confessed to having reset Mr James Moffat in the preceding October, but

said he did it ‘only upon simplicity.’ The three men were condemned

to be executed as traitors; and, as if to shew the certainty of their

doom, a special order from the king was read in court for proceeding

to both sentence and execution. The zealous multitude were accordingly

in full hope of the punishment being inflicted; but there was no

earnestness in the government in these proceedings. Let Calderwood tell

the remainder of the tale. ‘The day following [the trial], betwixt four

and five in the afternoon, they were brought furth with their hands

bound, to the scaffold set up beside the cross and a gallows in it,

according to the custom of execution. While a great multitude of people

were going to see the execution, there was a warrant presented to the

magistrates of Edinburgh to stay the execution. So they were turned

back again to their wards. The people thought this form of dealing

_rather mockery than punishment_.’

The sentence was commuted by the king’s order to banishment from

Edinburgh for Cruikshanks, and for the other two to banishment from the

king’s dominions, both during his royal pleasure.--_Pit._ _Cal._

A little trait of the domestic circumstances of Catholics of rank at

this time is worthy of notice. The Earl of Errol, as a recusant papist,

was only enabled to remain in his country on condition that he should

not pass beyond a small circle around his own castle in Aberdeenshire.

Being embarrassed by debt, and troubled by his creditors, he found

himself constrained to take some legal steps ‘for the provision of his

mony young children, and settling of some good course for the estate

of his house.’ It was necessary that he should be allowed to break

temporarily through the obligation under which he lay to live within

a certain space round his house. He therefore got a formal licence

(November 9, 1615), ‘to repair to Edinburgh, and there to remain in

some lodging, _not kything ony way in daylight upon the heich street_,

for ten days after the 20th of November.’--_P. C. R._

* * * * *

[Sidenote: APR.]

[Sidenote: 1615.]

On the Saturday before Pasch Sunday, ‘ane extraordinar riot’ took place

in the usually quiet little burgh of Burntisland. The gentleman who

acted as chamberlain of the queen in the management of her dotarial

estate of Dunfermline, was called upon, in the course of his duty, to

send ‘precepts of warning to remove’ to Burntisland, ‘according to

common order.’ No immediate steps of a strong character were meditated;

it was merely a form of law. The inhabitants, led, as afterwards

appeared, by their pastor, Mr William Watson, conceived a violent anger

at the proceeding, and determined to give it an active resistance. When

the officer and his witness came to the cross for the execution of his

office, he was assailed by ‘a multitude of women, above ane hundred,

of the bangster Amazon kind’--so states the grave chancellor, Earl of

Dunfermline--and ‘maist uncourteously dung [driven] off his feet, and

his witness with him, they all hurt and bloodit, all his letters and

precepts reft frae him, riven and cast away, and sae staned and chased

out of the town.’ The magistrates are alleged to have looked on without

interference; nay, ‘the bailie’s awn wife’ was ‘the principal leader of

this tumultuary army of Amazons;’ so that there was no room to doubt

that the male inhabitants were the instigators of the riot.

Some sharp measures were taken for the punishment of the rioters, and

the chancellor besought the king to send off Mr Watson to some quieter

part of the country, and ordain Burntisland ‘to be provided with some

minister of mair calm port, to rule and circumsede sic het humours as

may be in that people.’--_M. S. P._

Accordingly, on the 14th of December, the Council decreed that

Mr William Watson should ‘transport himself out of the burgh of

Burntisland’ before the 10th of January next, and thereafter ‘on nae

wise repair to the said burgh, [nor] within aucht miles of the same,

and on nae wise entertein ony intelligence with the inhabitants of

Burntisland in ony matter concerning the government of that town.’--_P.

C. R._ The king sent a warrant from Newmarket for this being carried

into effect.

* * * * *

[Sidenote: APR. 26.]

‘Amang the mony abuses whilk the iniquity of the time and

private respect of filthy lucre and gain has produced within

the commonwealth’--thus gravely commences an act of the Privy

Council--‘there is of late discoverit a most unlawful and pernicious

tred of _transporting of eggs furth of the kingdom_.’ ‘Certain

avaritious and godless persons, void of modesty and discretion,

preferring their awn private commodity to the commonweal, has gone

and goes athort the country and buys the haill eggs that they can

get, barrels the same, and transports them at their pleasure.’ As

an unavoidable consequence, ‘there has been a great scarcity of

eggs this while bygane,’ and any that are to be had have ‘risen to

such extraordinar and heich prices as are not to be sufferit in a

weel-governit commonwealth.’ ‘Moreover,’ proceeds this sage document,

‘if this unlawful tred be sufferit to be of ony langer continuance, it

will fall out that in a very short time _there will no eggs nor poultry

be funden within the country_.’

The Council was therefore prompted to order letters to be directed to

all merchants and owners of vessels, forbidding them to carry eggs out

of the country, on pain of heavy fines and such further punishment as

the Council might see fit to decree.--_P. C. R._

* * * * *

[Sidenote: MAY 30.]

John Brand, student of philosophy, son of a former minister of Holyrood

parish, was tried for the murder of a young man named William King,

by stabbing him with a knife ‘upon St Leonard’s Craigs, beside the

park-dyke.’ He was sentenced to be beheaded at the Cross.--_Pit._

‘About this time certain bare and idle gentlemen lay in wait upon

passengers by the ways about Edinburgh, and in parts of East Lothian,

and would needs have money from them. The common people called them

_Whilliwha’s_.’[359]--_Cal._

* * * * *

Francis Hay, son of the late George Hay of Ardletham, and cousin-german

to the Earl of Errol, was on terms of the most friendly intimacy

with Adam Gordon, brother of Gordon of Gight. One day, when living

familiarly together, a quarrel took place between them, followed by a

single combat, in which Adam Gordon had the advantage, taking Hay’s

sword from him, but instantly restoring it. Hay not being able to

digest the affront, challenged Gordon some time after to renew the

fight. Gordon, if we can believe a historian of the same name, ‘desired

him to forbeir, seeing there was enough done already for any quarrel

that was amongst them. Whereupon Francis came to Adam’s dwelling-place

on horseback, with a pair of pistols at his girdle, and finds Adam

walking about the fields, with his sword about him. Francis flies from

his horse, and desires Adam to do him reason. So they go to it. Then

again it was Adam his good hap to overcome Francis, and grants him his

life; but as Adam was returning home, Francis, disdaining to be thus

twice overthrown, shoots Adam behind his back with a pistol, and slays

him.’

[Sidenote: DEC. 18.]

[Sidenote: 1615.]

Gordon of Gight, resolved to revenge his brother’s death, came to the

house of William Hay of Logyruif, and there, without any warrant,

seized Francis Hay, whom he immediately brought along to Aberdeen,

and imprisoned in his own lodging, called the _Bonnie Wife’s Inn_, in

the Gallowgate, where he kept him for forty-eight hours, excluding

all his friends from seeing him. The sheriff-depute of Aberdeen was

also a Gordon, and, of course, felt as a clansman regarding the late

transaction. He therefore consented to preside at an irregular trial,

to which Hay was forthwith subjected. At this trial, no one was allowed

to appear for the alleged culprit. An advocate, who offered to come and

act as his counsel, was told that if he did so, he should scarcely be

down stairs till twenty whingers were put into him. Francis, in short,

was condemned to lose his head, and next morning was actually led out

to a solitary place, and there butchered by the swords of his enemies.

In this wild way did the passions of men work themselves out in the

north of Scotland, at the time when Bacon and Grotius were writing,

when Drummond sang and Napier geometrised.

The Earl of Errol now came into the field, grievously offended

because his relative had undergone law _without his being consulted_.

The Gordons were summoned to answer for the irregularity of their

proceedings at Edinburgh. This, again, drew forth their chief, the

Marquis of Huntly, both to defend his own sheriffship, and to maintain

his kinsmen. ‘Huntly and Errol did appear at Edinburgh, with all their

friends on either side; so that the whole kingdom was divided in two

factions, ready to fall together by the ears.’ The king himself now

interfered, with a request that all proceedings should be suspended

till he should come to Scotland. Accordingly, upwards of a year after,

on his visiting his native kingdom, he brought the parties together,

and persuaded them to be reconciled to each other, dismissing the

offenders with only nominal punishments. ‘So was this controversy

settled and taken away; yet it was not quite extinguished till 1627,

that Viscount Melgum, the Marquis of Huntly’s third son, married ----

Hay, the Earl of Errol’s daughter.’--_Pit._ _G. H. S._

* * * * *

[Sidenote: NOV.]

Adam French of Thornydykes, ‘ane young bairn scarce past fourteen years

of age,’ was attending school at Haddington, under the guardianship of

Sir John Home of North Berwick, ‘donator to the gift of his ward and

marriage,’ when a plot was laid for making that gift of non-effect by

his maternal uncle, William Home of Hardiesmill, in connection with

John Cranston of Moriston and Sir Patrick Chirnside of East Nisbet.

Under divers pretences, the boy was inveigled away from the house where

he resided, and taken to Rimmelton Law in the Merse, the house of John

Cranston, whence he was next removed to East Nisbet, and introduced

to a daughter of the laird, who was destined to become his wife. A

proclamation of bans being made in hasty style, the young pair were

straightway carried to Berwick, and there married.

[Sidenote: 1615.]

At the urgency of Sir John Home, the three persons concerned in the

abduction, together with one Moffat, a servant, were tried before the

supreme court (November 8, 1616), on the charge of ravishing and taking

away Adam French. It was shewn in defence, that Adam, being fully

fourteen years of age, was competent to contract marriage of his own

freewill--the marriage was regular--he himself was satisfied with what

had been done, and was ready to declare that he considered the accused

parties as his friends. There was much discussion between the king’s

advocate and the counsel of the accused on points of law; and, finally,

the case was remitted to the sheriff of Berwickshire, the parties

giving surety that they would not, in the meantime, fall foul of each

other.--_Pit._

Just about this time, an heiress of the same age as Adam French was

the victim of similar selfishness on the part of her ‘friends.’ A

narrative laid before the Privy Council represented Helen Graham,

daughter of the deceased Sir John Graham of Knockdolian, as having been

left by her father in the hands of persons in whom he had confidence,

and with ‘a reasonable provision.’ Now that she was approaching her

majority, being ‘about the hinder end of the fourteen year of her age,’

‘there has fallen out some contestation betwixt them and others of her

friends anent the keeping of her person, and she has been coupit fra

hand to hand betwixt them, and twice exhibite before the lords of the

secret council.’ In this contestation, ‘there is no regard had by ony

of them to her will, but all of them, seeking their awn advantage,

do what in them lies to procure her wrack and undoing.’ At her last

exhibition before the Council, she had been committed to the care of

John Muirhead of Brydonhill, who, being no relation to her, had no

just pretension to the care of her person nor to the management of her

estate. It was now apparent that John had ‘made merchandise of her,’

for, ‘against all modesty and good conscience,’ he had agreed and

colluded with James Muirhead of Lawhope ‘for bestowing her in marriage

upon Arthur Muirhead, his bastard son, who has no means, moyen, nor

provision whatsoever;’ and she had been carried to the house of this

James Muirhead, and thence by Arthur ‘transported agaitward toward

the realm of England, there to have causit some priest marry her upon

him.’ To all appearance, this project would have been accomplished, but

for the interference of certain justices by the way. The complainer

had, however, been carried back to John Muirhead’s house, and was now

‘deteinit as a prisoner by him, secludit and debarrit fra access,

conference, and advice with ony person who professes her guid will.’

She demanded to be restored to liberty, and to have the free choice

of her own curators; ‘for gif she be deteinit under the power of thir

persons, who, without ony affection to herself, do only respect her

estate and geir, she will be miserably undone and wracked.’

[Sidenote: 1615.]

John Muirhead appeared in answer to a summons, and succeeded in

freeing himself from blame regarding Helen Graham’s abduction; while

Arthur Muirhead was denounced rebel for non-appearance. John, who is

described as ‘ane gentleman of ane honest and upright disposition,’

professed to be animated by the best wishes towards Helen, being

‘mindit, with the advice of the Earl of Montrose, her chief, and others

her friends, to provide and foresee the best occasion for her weal.’

The lords appointed that Helen should remain with him till she should

choose curators; and they at the same time indicated a few gentlemen,

including John Muirhead, whom they thought suitable for the trust.

A few years earlier (June 1612), Mistress Isobel Montgomery, daughter

of the deceased Robert Master of Eglintoun, was represented as being

kept in durance by Hugh Lord Loudon and Mistress Margaret Montgomery,

sister of Isobel, while they endeavoured to compel her to make ‘such

disposition to the lands, guids, and geir appertaining to her, as to

them sall seem expedient.’ The accused parties, being summoned to

appear and bring Isobel before the lords, answered that the complainer

was too sickly to travel; to test which allegation, a medical man was

despatched to her residence, charged with the duty of reporting on her

condition before a certain day.--_P. C. R._

* * * * *

[Sidenote: DEC. 15.]

The Privy Council recommended to the charity of the public the case

of Andrew Robertson, John Cowie, John Dauling, James Pratt, and some

others, formerly mariners of Leith, who, being lately on the coast of

Barbary, had fought a bloody skirmish with the merciless Turks, by

whom they were led into captivity, and presented for sale in Algiers.

James Fraser, a resident in Algiers, had been moved with pity to redeem

these poor men by an advance of £140, which they undertook to repay at

a certain time. They, however, being in such poverty as to be unable

to reimburse Fraser, were now throwing themselves upon the compassion

of the public. On the recommendation of the Privy Council, there were

collections made for them in churches.

[Sidenote: 1615.]

Captivity among the Moors of Northern Africa was no uncommon fate with

Scottish mariners of that age. In 1625, there was a church collection

‘for the relief of some folks of Queensferry and Kinghorn, deteinit

under slavery by the Turks at Sallee.’ In 1618, John Harrison sent

to King James an account of his unsuccessful attempts to obtain the

liberation of certain British subjects detained under Muley Sidan,

Emperor of Morocco. Muley seems to have been inaccessible to all

pleadings but those which came in the form of money.[360] A collection

was made, August 1621, in all the parish churches in Scotland, and

amounted to a large sum, ‘for the relief of the Scots prisoners in

Tunis and Algiers.’--_Bal._

[Sidenote: 1616.

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