Volume 1 - Electric Scotland

DISCOVEnV OF L0];D MA.Wn'ELLS PLAKS. cxxi
laird of iSiicclcuch, wiio was then abroad. He vras also supported by the
Elliots of Liddesdale, the Gr.ihaines of tlic debateable land, and by other
Border tribes.
In making his preparations, Sir James Johnstone had the good fortune
to discover the plans of ilaxwell. The bond of agreement, already noticed.
between Sir James Douglas, liobert 5Iaxv,-cll, and Thomas Kirkpatrick, in his
favour, being carelessly kepi, fell into the hands of a Johnstone of Cummer-
trees, a servant of Lord ^laxv.'ell, and was divulged to Johnstone, who in
this way became aware of the combinations and intentions of his enemies.'
About the middle of Xovember, when preparations for the linal struggle
were well advanced on both sides, an incident occurred which brings out the
vigilance of the opposing parties and the desire on the part of ]\Iaxwell ajid
his confederates to take advantage of every thing to make the position of
Johnstone as difficult as possible. On 31st Jajruary of this year, Sir James
Johnstone had subscribed air assurance guaranteeing Thomas liirkpatrick
of Closeburn and Koger Kirlcpatrick of Clinstoun from injury till 11th
November 1594. 0:i that occasion Alexander Johnstone of Gubhill had
become siu'ety for Sir James to that effect in 10,000 merks. The assurance
had not been registered, and Tliomas and Eogcr Kirkpatriek were now the
sworn enemies of Sir James Johnstone and at war with hiui. In these
circumstances Sir James refused to consent to the registration of tlio
assurance that execution might follow. The privy council before whom the
Kirkpatricks comj lained ordered the registration of the assurance.
Shortly after this Lord Maxwell summoned Sir James to surrender in the
king's name and submit himself to trial. But the summons v,-as treated with
' Spottiswoode's History, vol. ii. pp. 4-15, that it s;ilije ainHs alrotUly tlie biekiiig of the
4tC. Itcfcrriiig to this bond in the following Uonleris to the gritwraik of all trew men and
year, Sir James Johnstone saya : " Noeth- innocent pc-pill in thir j'ortis." [oOth June
theles, it is nocht vuknawin how he maid one 1594, Charters of this Work, p. 01.]
vthcr priuat band for the wraik of me and iny - Kegister of the Privy Council, vol. v.
frcindis, and throw thir oecasiouiiis it is thooht p, lOG.
VOL. I. Q
-