Volume 1 - Electric Scotland

EKMISSION TO SIR JAMKS JOHKSTOKE, 1G05. cxlix
stronger pledge than tliat then in force. The only other quarter Sir James
could look to v,-a5; the government. He therefore made application for a
remission of all past crimes committed hy him and his clan against the
Maxwells. A remission under the great seal was granted by the king to
Sir James Johnstone and fifty -nine other persons, nearly all of the surname
of Johnstone, for art and part i\i burning the church of Lochniaben, the
slaughter of John, Lord Maxwell; and, in tiic case of Sir James, for breaking
ward from the castle of Edinburgh. The remis.siou, vrhich extended to tlie
lifetime of the parlies, is dated at AVliitehall, 2Sth September 1605.^
This remission was in the ensuing April followed by a royal warrant
which in efl'ect was another remission in favour of Johnstone, and shows,
with the former one, how willing the king was to serve him. The war-
rant, which is superscribed by the king, discharged his justices to give
process in any criminal pursuits against Sir James Johnstone and his
friends and servants for whom he was answerable, for crimes alleged to have
been coinmitted by them before the month of April 1G03 when the king
repaired to England." Sir James produced this warrant in the High Court
of Justiciary on 21st Jaiuiary 1C07, when the justice depute continued the
admitting of it to the -Itli of February.^
On the day after Sir James Johnstone presented the king's warrant in his
favour to the High Court of Justiciary, he and James Johnstone of '^Vestraw
were warded upon forty-eight hours' notice in St. Andrews. Tlie council
who pronounced the order do not appear to have known why he was warded.
At any rate they place the responsibility of their act upon the king by stating
that their order proceeded upon instructions from him for causes known
to him. It does not transpire what these causes were. Nor does it appear
1 Charters of this work, pp. 79, SO. ' On 4th February 1G07 Johnstone was
fined sixteen hundred merks for the uonentry
' ritcairn's Criminal Triah, vol. ii. pi. Oil. of certain persons for whom he h.id become
Warrant subscribed at Whitehall, Cth April pledge and security. [Pitcaim's Criminal
1606. Trials, vol. ii. pp. 521, 522.]