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VI.

THE STRANGE CASE OF MR. ROBERT OLIPHANT

Suppose that men like the Ruthvens, great and potent nobles, had secretly invited their retainer, Andrew Henderson, to take the rôle 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, page 72 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 rôle 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 assure 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 page 73 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 documents 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-nobles, 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 restitution. 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 restitution 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 rôle 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’ page 78 were anticipated. 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 attitude 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. 0eF5i42kzCqLKKQXX2q6r1XtnUT9k3urC9ECc6EFs3sfGUFxN1L+O0q/a9v8zqXc

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