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.’


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]

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.

1615.