Volume 1 - Electric Scotland

clviii SIK JAMKS JOHXSTONF. OF JOIINSTOXi:, KNIGHT, 1587-1608.
the laird of JolinsloiiG aud their friends, and humbly to submit himself to
his Majesty.^ The council did not entertain the petition. The offers there-
fore probably never came before the family of Sir James Johnstone ; but thoy
are of considerable importance, and maj' bo thus summarised :
" In the fir.^t, Lord Maxwell craves pardon for his ofl'ence against God, the
king, aud the surviving relatives of Sir James Jolinstoue, for the slaughter of Sir
James. He testifies by oath that the slaughter was not committed upon fore-
tliought felony, or set purpose, but mere accident. For the clearing of this he
would purge h.imself by liis great oath in public, and he would do what further
homage was thought expedient.
" Secondly, he would, for himself, his kin and friends, forgive the slaughter of
the late John, Lord Maxwell, his father, committed by the deceased laird of
Johnstone and his accomplices, and give security for the safety of those who were
guilt}- either personally er by art and part in that slaughter.
"Thirdlj', as Johnstone, daughter to Sir James, was now left unpro-
vided with a sufficient tocher. Maxwell was willing, the better to avoid all enmity
that miglit arise between the houses of Maxwell and Johnstone, and to establish
friendship between tliem, to marry that fatherless daughter without any tocher.
"Fourthly, he desired that the laird of Johnstone sliould be married to Dame
Maxwell, daughter to John, Lord Ilorries, and sister-daughter to Lord
Maxwell, who was a person of like .age with Johnstone. He also became bound
to pay to Johnstone of tocher, with his said sister-daughter, 20,000 merks Scots,
and any additional sum thought expedient by the advice of friends.
"Lastly, he was content, for the further satisfaction of the Johnstones, to be
banished the king's dominions for seven year.?, or longer at the pleasure of the
laii'd of Johnstone.
"The offers v^^cre to be augmented at the discretion of common fiicnds to be
chosen for that purpose."
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The king's answer to the let'er of the council was an order for the
execution of Lord Maxwell. It is as follows :
"Eicht trustie and weilbelovit cosine aud counsellour, and trustie and weil-
belovit counsellouris, we grete you weel: AVe haif understood that concerning the
mater of the lait Lord Maxwell, the partyis interest liaif bene before you and haif
' Pitcairn's Crimiunl Trials, vol. iii. Ji. .52. 2 Ibid. p. 51.
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