Volume 1 - Electric Scotland

cxxviii SIR JAMKs JOHXSTONK OF JOHXSTOXE, KNTGIIT, 1587-^1008.
keep peace with En^'laiid aud establish good rule. As the narrative in the
counnissiou makes no mention of the slaughter of Lord JIaxwell by Sir
James's own hand, nor of the carrying of the liead aud arms of Maxwell to
Lochwood, the tradition on lliat subject, to which reference has been made,
is rendered all the more doubtful. But as showing that this negative evidence
is not conclusive, it is to be observed that neither does the narrative make
any mention of Lord IMa-Kwell's having any special commission to apprehend
Jolinstone. In connection with this last fact, it may be i)ointed out that the
nev.' commissioners are not directed to apprehend him. Fronr the whole
tenor of the cornmisbion it i? app;irent that at this stage the king and
council were not disposed to adopt extreme measures against Johnstone if
the peace of the border could otherwise be secured. From tliis time
Johnstone evinced a disposition to follow a conciliatory course, as is shown
b}' his restoring part of the property idundered at Sanquhar.
Six monthiS after tlie battle of Diyfe.sands Sir James Johu^toue made
proposals for an amicable agreement with Lord IMaxwell's friends. In
these he made solemn declaration that the la.st unhappy and nngodly work
that fell out between Lord ]\IaxweU ajid him arose out of " the grit
skaithis of fyris, heirschipis, and slancliteris," done by his lordship upon
Sir James's father, which he says " wes his deith." Nevertheless, he adds,
he had " buryit thai materis in my hart," and entered into a hearty
agreement witli Lord IMaxwell. Eut the latter liad made another private
bond for the wrack of liim and liis friends, and lience the breaking of the
Borders, wliich had been and was still likely to be. For avoiding this Sir
James proposed that mutnal assurances should be given by ^Maxwell's friends
and himself to keep the peace and to give redress of wrongs which might
be shown to have been inflicted. In case his proposals for a friendly agree-
ment were refused, Sir James resolved that he would present a copy of them
to the king and the kirk, and take God to witness of his innocency.^
' Original i)ropo;aIs, datp