{48b} Mr. S. R. Gardiner alone remarks on this point, in a note to the first edition of his great History. See note to p. 54, _infra_.

{52a} Apparently not Sir Thomas Hamilton, the King's Advocate.

{52b} State Papers, Scotland (Elizabeth), vol. lxvi. No. 51.

{53} Pitcairn, vol. ii. p. 249.

{58} Mr. Scott suggested that a piece of string was found by Balgonie.

The words of Balgonie are 'ane gartane'-a garter. He never mentions string.

{59} According to a story given by Calderwood, Ruthven's sword was later found rusted in its sheath, but no authority is given for the tale.

{60} Pitcairn, ii. 197.

{61a} _The Tragedy of Gowrie House_, by Louis Barbe, 1887, p. 91.

{61b} Mr. Barbe, as we saw, thinks that Robertson perjured himself, when he swore to having seen Henderson steal out of the dark staircase and step over Ruthven's body. On the other hand, Mr. Bisset thought that Robertson spoke truth on this occasion, but concealed the truth in his examination later, because his evidence implied that Henderson left the dark staircase, not when Ramsay attacked Ruthven, but later, when Ruthven had already been slain. Mr. Bisset's theory was that Henderson had never been in the turret during the crisis, but had entered the dark staircase from a door of the dining-hall on the first floor. Such a door existed, according to Lord Hailes, but when he wrote (1757) no traces of this arrangement were extant. If such a door there was, Henderson may have slunk into the hall, out of the dark staircase, and slipped forth again, at the moment when Robertson, in his first deposition, swore to having seen him. But Murray of Arbany cannot well have been there at that moment, as he was with the party of Lennox and Mar, battering at the door of the gallery chamber.-Bisset, _Essays in Historical Truth_, pp.

228237. Hailes, _Annals_. Third Edition, vol. iii. p. 369. Note (1819).

{63a} _Privy Council Register_, vi. 149, 150.

{63b} Pitcairn, ii. 250.

{64} Mr. Panton, who, in 1812, published at Perth, and with Longmans, a defence of the Ruthvens, is very strong on the improbability that Henderson was at Falkland. Why were not the people to whose house in Falkland he went, called as witnesses? Indeed we do not know. But as Mr. Panton looked on the King's witnesses as a gang of murderous perjurers, it is odd that he did not ask himself why they, and the King, did not perjure themselves on this point. (_A Dissertation on the Gowry Conspiracy_, pp. 127131.)

{67a} Pitcairn, ii. 222, 223.

{67b} Hudson to Cecil, Oct. 19,1600, Edinburgh. State Papers, Scotland (Elizabeth), vol. lxvi. No. 78.

{69a} _James Hudson to Sir Robert Cecil_.

'. . . I have had conference of this last acsyon, first wth the King, at lenght, & then wth Henderson, but my speache was first wth Henderson befoar the King came over the watter, betwixt whoame I fynde no defference but yt boath alegethe takinge the dager frome Alexander Ruthven, wch stryf on the one part maie seame to agment honor, & on the other to move mersy by moar merit: it is plaen yt the King only by G.o.d's help deffended his owin lyff wel & that a longe tyme, or els he had lost it: it is not trew that Mr. Alex spok wth his brother when he went owt, nor that Henderson vnlokt the door, but hast & neglect of Mr. Alex, left it opin, wherat Sr Jhon Ramsay entrid, & after hime Sr Tho. Ereskyn Sr Hew Haris & Wilsone. Yt it is not generally trustid is of mallice & preoccupa.s.syon of mens mynds by the minesters defidence at the first, for this people ar apt to beleve the worst & loath to depart frome yt fayth.

'Edinborow this 19 of October 1600.'

{69b} Pitcairn, ii. 218.

{73} _Privy Council Register_, vi. 671.

{74a} State Papers, Scotland (Elizabeth), vol. lxvi. No. 107.

{74b} Cranstoun mentioned his long absence in France to prove that he was not another Mr. Thomas Cranstoun, a kinsman of his, who at this time was an outlawed rebel, an adherent of Bothwell (p. 155, _infra_).

{75} State Papers, Scotland (Elizabeth), vol. lxvi. No. 107.

'_George Nicolson to Sir Robert Cecil_.

'A man of Cannagate speaking that one Mr. Ro: Oliphant, lyeng at his house, should haue complayned and said that "there was no justice in Scotland, for favlters skaped fre and innocentis were punished. Mr.

Thomas Cranston was execute being innocent, and Henderson saued.

That therle of Gowry had moued that matter to him (Oliphant) in Paris and here, that he had wth good reasons deverted him, that therle thereon left him and delt wth Henderson in that matter, that Henderson vndertooke it and yet fainted, and Mr. Thomas Cranston knew nothing of it and yet was executed." This I heare, and that this Oliphant that was Gowries servant is, vpon this mans speache of it, againe fled. The heades of Gowry and his brother are sett vpon the tolebuthe here this day. . . . .

'Edenb. the 5 of Decemb. 1600.'

{76} The Captain was 'a landless gentleman.' His wife owned Ranfurdie, and the Captain, involved in a quarrel with Menteith of Kers, had been accused of-witchcraft! The Captain's legal affairs may be traced in the _Privy Council Register_.

{77} The proceedings of the English Privy Council at this point are lost, unluckily. The Scottish records are in _Privy Council Register_, 16081611, s.v. Oliphant, Robert, in the Index.

{80} See the Rev. Mr. Scott's _Life of John_, _Earl of Gowrie_. Mr.

Scott, at a very advanced age, published this work in 1818. He relied much on tradition and on anonymous MSS. of the eighteenth century.

{81} State Papers, Scotland (Elizabeth), vol. lxvi. No. 52. For the doc.u.ment see Appendix B.

{83} James himself, being largely in Abercromby's debt, in 1594 gave him 'twelve monks' portions' of the Abbacy of Cupar.-_Act. Parl. Scot._ iv.

83, 84.

{93} Mr. Henderson, in his account of William, Earl of Gowrie, in the _Dictionary of National Biography_, mentions 'The Vindication of the Ruthvens' in his list of authorities. He does not cite the source, as in MS. or in print; and I know not whether he refers to 'The Verie Manner &c.,' State Papers, Scotland (Elizabeth), vol. lxvi. No. 52. The theory of Mr. Scott (1818) is much akin to that of 'The Verie Manner,' which he had never seen.

{94} Barbe, p. 124.

{96} State Papers, Scotland (Elizabeth), vol. lxvi. No. 64.

{97} State Papers, Scotland (Elizabeth), vol. lxvi. No. 64.

_Sir William Bowes to Sir John Stanhope_, _Sept._ 2, 1600.

Sr I attending hir Mties emba.s.sadr toward Newcastle happened to meet wyth Mr Preston then on his waie from his king to hir Mtie. In renewing a former acquaintance I found hym verie willing to possesse me wyth his report of the death of Gowrie and his brother, in the circ.u.mstances wherof sundrie thingis occurring hardlie probable I was not curious to lett him see that wyse men wyth vs stumbled therat. And therfor I thought yt wysdom in the king to deliuer his honor to the warld and especiallie to her Mtie. And in this as in other albeit I am not ignorant that the actions of princes must chalenge the Fairest interpretation Yet because in deed truthe symplie canne doe no wrong And that we owe or dearest and nearest truthes to or soueraygnes in this matter so precisely masked lett me deliuer to youe what For myne own part I doe belieue.

The King being readie to take horse was wythdrawen in discourse with the Mr of Gowrie, a learned sweet and hurtles yong gentleman, and one other attending. Now were it by occasion of a picture (as is sayde) or otherwise, speech happening of Earle Gowrie his father executed, the king angrelie sayde he was a traitour, whereat the youth showing a greeved and expostulatorie countenance and happelie Scot-like Woordis, the King, seeing hymself alone and wythout weapon, cryed, Treason, Treason. The Mr abashed much to see the king so apprehend yt, whilest the king wold call to the Lords, the Duke, Marre, and others that were attending in the court on the king comming to horse, putt his hand with earnest deprecations to staie the king, showing his countenance to them wythout in that moode, immediatlie falling on his knees to entreat the King. At the K. sound of Treason, from out of the Lower Chamber hastelie running Harris the physician Ramsey his page and Sr Thomas Erskyn came to where the king was Where Ramsey runne the poore gentleman thorough, sitting as is saide vpon his knees.

At this stirr the earle wyth his Mr Stablere and somme other, best knowing the howse and the wayes, came first to the slaughter where finding his brother dead and the king retyred (For they had perswaded hym into a countinghouse) some fight beganne between the earle and the others. Mr Preston saies that vpon thar relation that the king was slayne the earle shronke from the pursuyte, and that one of the afornamed rushing sodainlee to the earle thrust hym through that he fell down and dyed. This matter seeming to haue an accidentall beginning, to gyve it an honorable cloake is pursued wyth odious treasons coniurations &c.

imputed to the dead earle, wyth the death of the Mr Stabler, Wyth making knyghtis the actors, And manye others such as I know are notified to you long ere this. The ministers as I heare are asked to make a thankgyving to G.o.d, where they think more need of Fasting in Sackclothe and Ashes, to the kingis much discontenting. This I must not saie (as the scholers terme yt) to be categoricallie true, but heupatheticallie {98} I take yt so to be. Wherevpon maie be inferred that as the death of the twoe First maie be excused by tendering the verie showe of hazard to the King, so is the making of religion and iustice cloakes to cover accidentall oversightis a matter which both heaven and earth will iudge. . . .

From Bradley this 2de of Sept.

Yor poore Frend to commannd.

WILLM. BOWES.

{98} Hypothetically?

{103} Calderwood, vi. 84.

{104} Pitcairn, ii. 248 _et seq._