If the King had his back to the turret door, the window on his right opened on the courtyard, the window on his left opened on the street.

The man readily opened the window, says the King, and the person claiming to be the man deponed later that he first opened what the King declared to be the wrong window, but, before he could open the other, in came the Master, who, 'casting his hands abroad in desperate manner, said "he could not mend it, his Majesty behoved to die."' Instead of stabbing James, however, he tried to bind the Royal hands with a garter, 'swearing he behoved to be bound.' (A garter was later picked up on the floor by one of the witnesses, Graham of Balgonie, and secured by Sir Thomas Erskine. {58})

A struggle then began, James keeping the Master's right hand off his sword-hilt; the Master trying to silence James with his left hand. James dragged the Master to the window, which the other man had opened. (In the Latin indictment of the dead Ruthvens, James opens the window himself.) The turret man said, in one of two depositions, that he stretched across the wrestlers, and opened the window. The retinue and Gowrie were pa.s.sing, as we know, or loitering below; Gowrie affected not to hear the cries of treason; Lennox, Mar, and the rest rushed up the great staircase. Meanwhile, struggling with the Master, James had brought him out of the turret into the chamber, so he says, though, more probably, the Master brought _him_. They were now near the door of the chamber that gave on the narrow staircase, and James was 'throwing the Master's sword out of his hand, thinking to have stricken him therewith,'

when Ramsay entered, and wounded the Master, who was driven down the stairs, and there killed by Erskine and Herries. Gowrie then invaded the room with seven others: James was looking for the Master's sword, {59} which had fallen, but he was instantly shut into the turret by his friends, and saw none of the fight in which Gowrie fell. After that Lennox and the party with hammers were admitted, and-the tumult appeased-James rode back, through a dark rainy night, to Falkland.

[Picture: The Gallery Chamber and the Turret, Gowrie House]

V. HENDERSON'S NARRATIVE

The man in the turret had vanished like a ghost. Henderson, on the day after the tragedy, was also not to be found. Like certain Ruthvens, Hew Moncrieff, Eviot, and others, who had fought in the death-chamber, or been distinguished in the later riot, Henderson had fled. He was, though a retainer of Gowrie, a member of the Town Council of Perth, and 'chamberlain,' or 'factor,' of the lands of Scone, then held by Gowrie from the King. To find any one who had seen him during the tumult was difficult or impossible. William Robertson, a notary of Perth, examined in November before the Parliamentary Committee, said then that he only saw Gowrie, with his two drawn swords, and seven or eight companions, in the forecourt of the house, and so, 'being afraid, he pa.s.sed out of the place.' The same man, earlier, on September 23, when examined with other citizens of Perth, had said that he followed young Tullibardine and some of his men, who were entering the court 'to relieve the King.' {60} He saw the Master lying dead at the foot of the stair, and saw Henderson 'come out of the said turnpike, over the Master's belly.' He spoke to Henderson, who did not answer. He remembered that Murray of Arbany was present. Arbany, before the Parliamentary Committee in November, said nothing on this subject, _nor did Robertson_. His evidence would have been important, had he adhered to what he said on September 23. But, oddly enough, if he perjured himself on the earlier occasion (September 23), he withdrew his perjury, when it would have been useful to the King's case, in the evidence given before the Lords of the Articles, in November. Mr. Barbe, perhaps misled by the sequence of versions in Pitcairn, writes: 'Apparently it was only when his memory had been stimulated by the treatment of those whose evidence was found to be favourable to the King that the wily notary recalled the details by which he intended to corroborate Henderson's statement. . . . ' {61a}

The reverse is the case: the wily notary did not offer, at the trial in November, the evidence which he had given, in September, at the examination of the citizens of Perth. It may perhaps be inferred that perjury was not encouraged, but depressed. {61b}

Despite the premiums on perjury which Ruthven apologists insist on, not one witness would swear to having seen Henderson during or after the tumult. Yet he instantly fled, with others who had been active in the brawl, and remained in concealment. Calderwood, the earnest collector of contemporary gossip and doc.u.ments, a.s.sures us that when the man in the turret could not be found, the first proclamation identified him with a Mr. Robert Oliphant, a 'black grim man,' but that Oliphant proved his absence from Perth. One Gray and one Lesley were also suspected, and one Younger (hiding when sought for, it is said) was killed. But we have no copy of the proclamation as to Mr. Robert Oliphant. To Mr. Robert Oliphant, who had an alibi, we shall return, for this gentleman, though entirely overlooked by our historians, was probably at the centre of the situation (p. 71, _infra_).

Meanwhile, whatever Henderson had done, he mysteriously vanished from Gowrie House, during or after the turmoil, 'following darkness like a dream.' n.o.body was produced who could say anything about seeing Henderson, after Moncrieff and the Hays saw him on his return from Falkland, at about ten o'clock in the morning of August 5.

By August 12, Henderson was still in hiding, and was still being proclaimed for, with others, of whom Mr. Robert Oliphant was not one: they were Moncrieff, Eviot, and two Ruthvens. {63a} But, on August 11 at the Cross of Edinburgh, in presence of the King, his chaplain, the Rev.

Patrick Galloway, gave news of Henderson. Mr. Galloway had been minister of Perth, and a fierce Presbyterian of old.

Blow, Galloway, the trumpet of the Lord!

exclaimed a contemporary poet. But James had tamed Galloway, he was now the King's chaplain, he did not blow the trumpet of the Lord any longer, and, I fear, was capable of anything. He had a pension, Calderwood tells us, from the lands of Scone, and knew Henderson, who, as Chamberlain, or steward, paid the money. In his exciting sermon, Galloway made a dramatic point. Henderson was found, and Henderson was the man in the turret! Galloway had received a letter from Henderson, in his own hand; any listener who knew Henderson's hand might see the letter. Henderson tells his tale therein; Galloway says that it differs almost nothing from the King's story, of which he had given an abstract in his discourse.

And he adds that Henderson stole downstairs while Ramsay was engaged with the Master. {63b}

Henderson, being now in touch with Galloway, probably received promise of his life, and of reward, for he came in before August 20, and, at the trial in November, was relieved of the charge of treason, and gave evidence.

Here we again ask, Why did Henderson take to flight? What had he to do with the matter? None fled but those who had been seen, sword in hand, in the fatal chamber, or stimulating the populace to attack the King during the tumult. Andrew Ruthven, who had ridden to Falkland with Henderson and the Master, did not run away, no proclamation for _him_ is on record. n.o.body swore to seeing Henderson, like his fellow fugitives, armed or active, yet he fled and skulked. Manifestly Henderson had, in one way or other, been suspiciously concerned in the affair. He had come in, and was at Falkland, by August 20, when he was examined before the Chancellor, Montrose, the King's Advocate, Sir Thomas Hamilton, Sir George Hume of Spot (later Earl of Dunbar), and others, in the King's absence. He deponed that, on the night of August 4, Gowrie bade him and Andrew Ruthven ride early to Falkland with the Master, and return, if the Master ordered him so to do, with a message. At Falkland they went into a house, {64} and the Master sent him to learn what the King was doing.

He came back with the news; the Master talked with the King, then told Henderson to carry to Gowrie the tidings of the King's visit, 'and that his Majesty would be quiet.' Henderson asked if he was to start at once.

Ruthven told him to wait till he spoke to the King again. They did speak, at a gap in a wall, during the check in the run; Ruthven returned to Henderson, sent him off, and Henderson reached Perth about ten o'clock. Gowrie, on his arrival, left the company he was with (the two Hays), and here George Hay's evidence makes Gowrie ask Henderson 'who was with the King at Falkland?' Hay said that Gowrie then took Henderson into another room. Henderson says nothing about a question as to the King's company, asked in presence of Hay, a compromising and improbable question, if Gowrie wished to conceal the visit to Falkland.

Apart, Gowrie put some other questions to Henderson as to how the King received the Master. Henderson then went to his house; an hour later Gowrie bade him put on his secret coat of mail, and plate sleeves, as he had to arrest a Highlander. Henderson did as commanded; at twelve the steward told him to bring up dinner, as Craigengelt (the caterer) was ill. Dinner began at half-past twelve; at the second course the Master entered, Andrew Ruthven had arrived earlier. The company rose from table, and Henderson, who was not at the moment in the room, heard them moving, and thought that they were 'going to make breeks for Maconilduy,'

that is, to catch the Highlander. Finding he was wrong, he threw his steel gauntlet into the pantry, and sent his boy to his house with his steel cap. He then followed Gowrie to meet the King, and, after he had fetched 'a drink' (which James says 'was long in coming'), the Master bade him ask Mr. Rhynd, Gowrie's old tutor, for the key of the gallery, which Rhynd brought to the Master. Gowrie then went up, and spoke with the Master, and, after some coming and going, Henderson was sent to the Master in the gallery. Thither Gowrie returned, and bade Henderson do whatever the Master commanded. (The King says that Gowrie came and went from the room, during his dinner.) The Master next bade Henderson enter the turret, and locked him in. He pa.s.sed the time in terror and in prayer.

There follows the story of the entry of James and the Master, and Henderson now avers that he 'threw' the dagger out of the Master's hand.

He declares that the Master said that he wanted 'a promise from the King,' on what point Gowrie would explain. The rest is much as in the King's account, but Henderson was 'pressing to have opened the window,'

he says, when the Master entered for the second time, with the garter to bind the King's hands. During the struggle Henderson removed the Master's hand from the King's mouth, and opened the window. The Master said to him, 'Wilt thou not help? Woe betide thee, thou wilt make us all die.' {67a}

Henderson's later deposition, at the trial in November, was mainly, but not without discrepancies, to the same effect as his first. He said that he prayed, when alone in the turret, but omits the statement (previously made by him) that he deprived Ruthven of his dagger, a very improbable tale, told falsely at first, no doubt, as Robertson the notary at first invented his fable about meeting with Henderson, coming out of the dark staircase. This myth Robertson narrated when examined in September, but omitted it in the trial in November. Henderson now explained about his first opening the wrong window, but he sticks to it that he took the garter from Ruthven, of which James says nothing. He vows that he turned the key of the door on the staircase, so that Ramsay could enter, whereas Ramsay averred that he himself forced the door. Mr. Hudson (James's resident at the Court of England), who in October 1600 interviewed both Henderson and the King, says that, in fact, the Master had not locked the door, on his re-entry. {67b} Henderson slunk out when Ramsay came in.

He adds that it was _his_ steel cap which was put on Gowrie's head by a servant (there was plenty of evidence that a steel cap was thus put on).

One singular point in Henderson's versions is this: after Ruthven, in deference to James's harangue in the turret, had taken off his hat, the King said, 'What is it ye crave, man, if ye crave not my life?' '_Sir_, _it is but a promise_,' answered Ruthven. The King asked 'What promise?'

and Ruthven said that his brother would explain. This tale looks like a confusion made, by Henderson's memory, in a pa.s.sage in James's narrative.

'His Majesty inquired what the Earl would do with him, since (if his Majesty's life were safe, _according to promise_) they could gain little in keeping such a prisoner.' Ruthven then, in James's narrative, said 'that the Earl would tell his Majesty at his coming.' It appears that the word 'promise' in the Royal version, occurring at this point in the story, clung to Henderson's memory, and so crept into his tale. Others have thought that the Ruthvens wished to extort from James a promise about certain money which he owed to Gowrie. But to extort a promise, by secluding and threatening the King, would have been highly treasonable and dangerous, nor need James have kept a promise made under duress.

Perhaps few persons who are accustomed to weigh and test evidence, who know the weaknesses of human memories, and the illusions which impose themselves upon our recollections, will lay great stress on the discrepancies between Henderson's first deposition (in August), his second (in November), and the statement of the King. In the footnote printed below, {69a} Hudson explains the origin of certain differences between the King's narrative and Henderson's evidence, given in August.

Hudson declares that James boasted of having taken the dagger out of Ruthven's hands (which, in fact, James does not do, in his published narration), and that Henderson claimed to have s.n.a.t.c.hed the dagger away, 'to move mercy by more merit.' It is clear that James would not accept his story of disarming Ruthven; Henderson omits _that_ in his second deposition. For the rest, James, who was quite clever enough to discover the discrepancies, let them stand, at the end of his own printed narrative, with the calm remark, that if any differences existed in the depositions, they must be taken as 'uttered by the deponer in his own behouf, for obtaining of his Majesty's princely grace and favour.' {69b} Henderson's first deposition was one of these which James printed with his own narrative, and thus treated _en prince_. He was not going to harmonise his evidence with Henderson's, or Henderson's with his. On the other hand, from the first, Henderson had probably the opportunity to frame his confession on the Falkland letter of August 5 to the Chancellor, and the Provost of Edinburgh; and, later, on the printed narrative officially issued at the close of August 1600. He varied, when he did vary, in hopes of 'his Majesty's princely grace and favour,' and he naturally tried to make out that he was not a mere trembling expostulating caitiff. He clung to the incident of the garter which he s.n.a.t.c.hed from the Master's hand.

Henderson had no Royal model for his account of how he came to be in the turret, which James could only learn from himself. Now that is the most incredible part of Henderson's narrative. However secret the Ruthvens may have desired to be, how could they trust everything to the chance that the town councillor of Perth, upper footman, and Chamberlain of Scone, would act the desperate part of seizing a king, without training and without warning?

But _was_ Henderson unwarned and uninstructed, or, did he fail after ample instruction? That is the difficult point raised by the very curious case of Mr. Robert Oliphant, which has never been mentioned, I think, by the many minute students of this bewildering affair.

VI. THE STRANGE CASE OF MR. ROBERT OLIPHANT

Suppose that men like the Ruthvens, great and potent n.o.bles, had secretly invited their retainer, Andrew Henderson, to take the _role_ of the armed man in the turret, what could Henderson have done? Such proposals as this were a danger dreaded even by the most powerful. Thus, in March 1562, James Hepburn, the wicked Earl of Bothwell, procured, through John Knox, a reconciliation with his feudal enemy, Arran. The brain of Arran was already, it seems, impaired. A few days after the reconciliation he secretly consulted Knox on a delicate point. Bothwell, he said, had imparted to him a scheme whereby they should seize Queen Mary's person, and murder her secretary, Lethington, and her half-brother, Lord James Stuart, later Earl of Moray. Arran explained to Knox that, if ever the plot came to light, he would be involved in the crime of guilty concealment of foreknowledge of treason. But, if he divulged the plan, Bothwell would challenge him to trial by combat. Knox advised secrecy, but Arran, now far from sane, revealed the real or imagined conspiracy.

To a man like Henderson, the peril in simply listening to treasonable proposals from the Ruthvens would be even greater. If he merely declined to be a party, and kept silence, or fled, he lost his employment as Gowrie's man, and would be ruined. If the plot ever came to light, he would be involved in guilty concealment of foreknowledge. If he instantly revealed to the King what he knew, his word would not be accepted against that of Gowrie: he would be tortured, to get at the very truth, and probably would be hanged by way of experiment, to see if he would adhere to his statement on the scaffold-a fate from which Henderson, in fact, was only saved by the King.

What then, if the Gowries offered to Henderson the _role_ of the man in the turret, could Henderson do? He could do what, according to James and to himself, he did, he could tremble, expostulate, and a.s.sure the King of his ignorance of the purpose for which he was locked up, 'like a dog,' in the little study.

That this may have been the real state of affairs is not impossible. We have seen that Calderwood mentions a certain Mr. Robert Oliphant (Mr.

means Master of Arts) as having been conjectured at, immediately after the tragedy, as the man in the turret. He must therefore have been, and he was, a trusted retainer of Gowrie. But Oliphant at once proved an alibi; he was not in Perth on August 5. His name never occurs in the voluminous records of the proceedings. He is not, like Henderson, among the persons who fled, and for whom search was made, as far as the doc.u.ments declare, though Calderwood says that he was described as a 'black grim man' in 'the first proclamation.' If so, it looks ill for James, as Henderson was a brown fair man. In any case, Oliphant at once cleared himself.

But we hear of him again, though historians have overlooked the fact.

Among the Acts of Caution of 1600-that is, the records of men who become sureties for the good behaviour of others-is an entry in the Privy Council Register for December 5, 1600. {73} 'Mr. Alexander Wilky in the Canongate for John Wilky, tailor there, 200_l._, not to harm John Lyn, also tailor there; further, to answer when required touching his (John Wilky's) pursuit of Lyn for revealing certain speeches spoken to him by Mr. Robert Oliphant anent his foreknowledge of the treasonable conspiracy of the late John, sometime Earl of Gowrie.'

Thus Robert Oliphant, M.A., had spoken to tailor Lyn, or so Lyn had declared, about his own foreknowledge of the plot; Lyn had blabbed; tailor Wilky had 'pursued' or attacked Lyn; and Alexander Wilky, who was bailie of the Canongate, enters into recognisances to the amount of 200_l._ that John Wilky shall not further molest Lyn.

Now what had Oliphant said?

On the very day, December 5, when Alexander Wilky became surety for the good behaviour of John Wilky, Nicholson, the English resident at Holyrood, described the facts to Robert Cecil. {74a} Nicholson says that, at a house in the Canongate, Mr. Robert Oliphant was talking of the Gowrie case. He was a man who had travelled, and he inveighed against the unfairness of Scottish procedure in the case of Cranstoun.

We have seen that Mr. Thomas Cranstoun, Gowrie's equerry, first brought to Lennox and others, in the garden, the report that the King had ridden away. We have seen that he was deeply wounded by Ramsay just before or after Gowrie fell. Unable to escape, he was taken, examined, tortured, tried on August 22, and, on August 23, hanged at Perth. He had invaded and wounded Herries, and Thomas Erskine, and had encouraged the mob to beleaguer the back gate of Gowrie House, against the King's escape. He had been in France, he said, since 1589, had come home with Gowrie, but, he swore, had not spoken six words with the Ruthvens during the last fortnight. {74b} This is odd, as he was their Master Stabler, and as they, by their friends' account, had been making every preparation to leave for Dirleton, which involved arrangements about their horses.

In any case, Mr. Robert Oliphant, in a house in the Canongate, in November or early December 1600, declared that Cranstoun, who, he said, knew nothing of the conspiracy, had been hanged, while Henderson, _who was in the secret_, _and had taken the turret part_, escaped, and retained his position as Chamberlain of Scone. Henderson, at the critical moment, had 'fainted,' said Oliphant; that is, had failed from want of courage. Oliphant went on to say that he himself had been with Gowrie in Paris (February-March 1600), and that, both in Paris and at home in Scotland later, Gowrie had endeavoured to induce him to take the part later offered to Henderson. He had tried, but in vain, to divert Gowrie's mind from his dangerous project. This talk of Oliphant's leaked out (through Lyn as we know), and Oliphant, says Nicholson, 'fled again.'

{75}

Of Oliphant we learn no more till about June 1608. At that time, the King, in England, heard a rumour that he had been connected with the conspiracy. A Captain Patrick Heron {76} obtained a commission to find Oliphant, and arrested him at Canterbury: he was making for Dover and for France. Heron seized Oliphant's portable property, 'eight angels, two half rose-n.o.bles, one double pistolet, two French crowns and a half, one Albertus angel; two English crowns; one Turkish piece of gold, two gold rings, and a loose stone belonging to one; three Netherland dollars; one piece of four royals; two _quart decuria_; seven pieces of several coins of silver; two purses, one sword; one trunk, one "mail," and two budgetts.' Oliphant himself lay for nine months in 'the Gate House of Westminster,' but Heron, 'careless to justify his accusation, and discovering his aim in that business' (writes the King), 'presently departed from hence.' 'We have tried the innocency of Mr. Robert Oliphant,' James goes on, 'and have freed him from prison.' The Scottish Privy Council is therefore ordered, on March 6, 1609, to make Heron restore Oliphant's property. On May 16, 1609, Heron was brought before the Privy Council in Edinburgh, and was bidden to make rest.i.tution. He was placed in the Tolbooth, but released by Lindsay, the keeper of the prison. In March 1610, Oliphant having again gone abroad, Heron expressed his readiness to restore the goods, except the trunk and bags, which he had given to the English Privy Council, who restored them to Robert Oliphant. The brother of Robert, Oliphant of Bauchiltoun, represented him in his absence, and, in 1611, Robert got some measure of rest.i.tution from Heron.

We know no more of Mr. Robert Oliphant. {77} His freedom of talk was amazing, but perhaps he had been drinking when he told the story of his connection with the plot. By 1608 nothing could be proved against him in London: in 1600, had he not fled from Edinburgh in December, something might have been extracted. We can only say that his version of the case is less improbable than Henderson's. Henderson-if approached by Gowrie, as Oliphant is reported to have said that he _was_-could not divulge the plot, could not, like Oliphant, a gentleman, leave Perth, and desert his employment. So perhaps he drifted into taking the _role_ of the man in the turret. If so, he had abundance of time to invent his most improbable story that he was shut up there in ignorance of the purpose of his masters.

Henderson was not always of the lamblike demeanour which he displayed in the turret. On March 5, 1601, Nicholson reports that 'Sir Hugh Herries,'

the lame doctor, 'and Henderson fell out and were at offering of strokes,' whence 'revelations' were antic.i.p.ated. They never came, and, for all that we know, Herries may have taunted Henderson with Oliphant's version of his conduct. He was pretty generally suspected of having been in the conspiracy, and of having failed, from terror, and then betrayed his masters, while pretending not to have known why he was placed in the turret.

It is remarkable that Herries did not appear as a witness at the trial in November. He was knighted and rewarded: every one almost was rewarded out of Gowrie's escheats, or forfeited property. But that was natural, whether James was guilty or innocent; and we repeat that the rewards, present or in prospect, did not produce witnesses ready to say that they saw Henderson at Falkland, or in the tumult, or in the turret. Why men so freely charged with murderous conspiracy and false swearing were so dainty on these and other essential points, the advocates of the theory of perjury may explain. How James treated discrepancies in the evidence we have seen. His account was the true account, he would not alter it, he would not suppress the discrepancies of Henderson, except as to the dagger. Witnesses might say this or that to secure the King's princely favour. Let them say: the King's account is true. This att.i.tude is certainly more dignified, and wiser, than the easy method of harmonising all versions before publication. Meanwhile, if there were discrepancies, they were held by sceptics to prove falsehood; if there had been absolute harmony, that would really have proved collusion. On one point I suspect suppression at the trial. Almost all versions aver that Ramsay, or another, said to Gowrie, 'You have slain the King,' and that Gowrie (who certainly did not mean murder) then dropped his points and was stabbed.

Of this nothing is said, at the trial, by any witnesses.

VII. THE CONTEMPORARY RUTHVEN VINDICATION