fellow-captives, Sir James M'Connell and Robert Maxwell of Dinwoodie, or the Four, he gave an entertainment to them and the keepers of the castle; which the latter, who must have been a set of jolly, easy-minded varlets, patronized to such an extent that they became intoxicated. Lord Maxwell, artfully pandering to the vanity of the inebriates, requested to see which of them wore the best weapon. Their swords being produced, he handed one to each of his friends and took one himself: but instead of comparing the arms, they hurried off with them; and when the astonished wardens reeled to the door to seize the fugitives, they found it locked. A few minutes before, Maxwell had sent his servant to Struthers, the porter, to facilitate their passage through the inner gate. The servant easily enough obtained leave to pass, but when Struthers wished to close the gate again the former put his back to the wicket, upon which the three men coming up glided out, the porter receiving a cut in the hand from Lord Maxwell, as he tried to arrest their progress. M'Connell, having his irons on, was unable on that account to surmount the outer wall, which the other two prisoners readily scaled, and secured their freedom. How wroth King James was on account of Maxwell's forcible breach of ward, is shown by a letter which his Majesty addressed to his Privy Council, on the 14th of December, 1607, the substance of which we subjoin:-"The leatt escheap of the Lord Maxwell, furth of our Castell of Edinburgh," says his Majesty, "haveing gevein to us moir nor just caus of discontentment at his foly, We have thocht meitt heirby to direct you how to proceid aganes him. And first, we will this Proclamatioun, herewith sent, to be publeissed at all placeis neidfull; and that you hairefter tak ordour fore tryale of all reseattares and suppleares, and caus the extreametie of the law to be prosequit aganes thame. And also you sall, upon ressait heirof, presentlie send chairges of tressoune for the rendering of his castellis and houssis, and you sall put garesounes and keipars in everie one of the same to be interteined upon the rentis belonging to the houssis, unto such tyme as We doctak farder order thairwith. And als, our will is, that you give particular directioune to suche as sall ressave the Castell of Lochmabene, that they mak delyverie of the same to our rycht trustie coising and counsallovr, the Erll

of Dunbar, or to ony other quhome the said Erll of Dunbar sall direct, with our uther Warrand for ressaveing thairof. Furthermore, you sall cause chairge the principallis of the said Lord Maxwell, his name and followairis, being ony way men of mark, to find cautione and suertie, under gritt pecuniall panes, that they sall noway resailt, supplie, nor intercommune with him. You sall in lyk maner geve speciall ordour to our garisoune, under the Lord of Scone's command, and als to that uther under Sir Wm. Cranstoune's chairge, that they mak specialle searche for the said Lord Maxwell, his taking and apprehending. And heiroff, willing you to be cairfull, and to omit nothing that may haisten ane exempler puneishment upon him, for his prowd contempt."

In the course of a short time after the receipt of this letter, one of the Privy Councillors, Sir Thomas Hamilton, in name of the whole, addressed a letter to the King, setting forth that it had been represented to them that, unless the crimes for which Lord Maxwell and Sir James M'Connell had been imprisoned were treasonable, their breach of ward could not import treason. "As to the Lord Maxwell," he said, "I have heard of his raising of fyre at Dalfibbill, when he slew Willie Johnestoun, callit of Eschieschielles, and ane uther Johnestoun;" but he added circumspectly, "because he has sensyne had the honour to be admitted to your Royall presence, I wald not presume to summond him for that fact, while first I sould knaw your Majestei's mynde thairanent; the knaulege whairof sall lead me to proceid or desist."

The royal reply to this request for instructions has not been preserved. That it was of an unrelenting nature, may be fairly inferred from the letter subsequently sent to the Council by the King, dated at the Palace of Whitehall, 2nd February, 1608, and which (omitting some unimportant passages) runs thus:"We ar informed that, notwithstanding of the treassonable fact committit be the Lord Maxwell in eschaiping fourth of our Castell of Edinburghe, and in forceing and hurting of the keipares and poirtaris of the same, and of our speciall commandis and Proclamatiounes, send doune for his taking and apprehending, that nevertheles in plane contempt of our authoritie, that he oppinley travellis throuche the countrie accompaneid with no fewer than

twentie horse, and hes mead his repaire at syndrie tymes to our burgh of Drumfreis; quhiche insolence is no way tolerabill, and skairse excussabill on your pairtis, that ony of our declarit tratouris sould assume to themeselffis so mutche libertie without controlment. And thairfoir our pleasour and will is, that upon ressait heiroff, you direct that our Gaird, under the command of the Lord of Scoone, to repair to the burghe of Dumfreis, and thare, with that Gaird under Sir William Cranstoune's chairge, to make a present diligent searche for the said Lord Maxwell, and either to apprehend him or put him out of thoise boundis. Thairwith also the Baillies of Drumfreis wold be chairgit to compeir befoir you, and if you can try any thing of their knowledge of the said Lord Maxwellis being in thair toune, We ar to will you to inflict ane exemplare puneishment upone thame, baith by fynning and wairding. And als, you are to proceid in rigoure, according to the warrant of our lawis, aganes all reseattares and accompaniaris of the said Lord, that so others may be affrayed from coming within the compass of the lyk contempe."

CHAPTER XXVI.

MAXWELL PLANS A MEETING BETWEEN

JOHNSTONE

AND HIMSELF THE INTERVIEW DESCRIBED--ITS TRAGICAL TERMINATION-MAXWELL SHOOTS JOHNSTONE, AND THEN TAKES TO FLIGHT -THE HUE AND CRY RAISED AGAINST THE ASSASSIN-HE BIDS HIS NATIVE LAND "GOOD NIGHT" -LEGAL PROCEEDINGS ARE COMMENCED AGAINST HIM IN HIS ABSENCEHE IS SENTENCED TO DEATH-AFTER SOME YEARS OF EXILE, HE RETURNS TO NITHSDALE, IS PURSUED, SEEKS REFUGE IN THE NORTH OF SCOTLAND, AND IS BETRAYED BY HIS OWN KINSFOLK TO THE GOVERNMENT-MAXWELL PLEADS FOR HIS LIFE WITHOUT EFFECT-HIS EXECUTION.

IT was when Lord Maxwell was in the harassing and perilous circumstances indicated by the correspondence given in the preceding chapter, that a memorable meeting was brought about between him and the man who had occasioned the slaughter of his father at Dryfe-Sands. An opinion prevails that Maxwell made the overtures that led to it, and that he planned the interview to secure an opportunity of gratifying his desire for vengeance. While it appears to us very evident that he cherished this murderous intent, and longed for a chance of carrying it into effect, it seems not the less true that Johnstone of his own accord, and for objects of his own, took steps to secure a meeting with Maxwell.

Sir Robert Maxwell of Spottes, or Orchardtoun, declared in his deposition on the subject before the Privy Council, that "the Laird of Johnstoun desyrit the deponar (being in his house of Lochwood for the tyme) to speik the Lord Maxwell quhen he fand the opportunitie, to sie iff the deponar could mak a [all] good in the materis betuix them." Sir Robert, however, declined the mission, assigning as his reasons that the matter was too weighty for him to take in hand: "that the Lord was a perellous man to haif ado with," and that Maxwell "haid evir a mislyking of him becaus he (the deponar) maryed Johnstone's sister."

Accordingly, Maxwell of Spottes did not, in the name of his

brother-in-law, bring the subject before Lord Maxwell; but he stated further in his deposition, that at the instance of Maxwell he met with the latter, who besought his advice and influence with the view of securing a pardon from the King; upon which “the deponar" told Maxwell "that he sould keipe him quiet, and do no thing quhilk micht offend the Kingis Majestie farder nor he had done; and that he (the deponar) wald move the noblemen, who were his friendis at Court and Counsell, to report the best of him to his Majestie and Counsell." A question from Sir Robert Maxwell as to the relations in which his lordship stood towards his neighbouring barons, turned the conversation on the Laird of Johnstone-Lord Maxwell asking "quhat he micht look for att his handis in tyme comeing?" Sir Robert appears to have evaded this question, and ultimately it was arranged that his lordship should write out the heads of an agreement between himself and Johnstone. At parting, "the deponar said to my Lord: If this be a mater that your lordship thinks in your hairte ye can tak up and remett to the Laird, I will very willinglie travell in the mater, and do the best I can; otherwise, I desire nocht to mell [meddle] in it.'

Honest-looking and plausible was Maxwell's reply, to the effect that, "if he saw ony willingnes in the Laird to do dewtie to him, he wald willinglie pas it over, and if he resavit ane ressonnable answer of the Laird, he wald be content to meete with him, at ony convenient place; and promest that he sould keepe honnestlie, for his pairt, and these that were with him, providing it war keepit quiet for boith their weillis."

We learn from the rest of the deposition that the articles of agreement drawn up by Lord Maxwell had a suspicious mistiness about them; that at a second audience given by him to the Laird of Spottes, the latter inquired as to their true meaning, and was answered by his lordship that he was "not a good wreater," and would not again put his wishes upon paper, but that all he required was that Sir James Johnstone should show he had "not bene a dealer aganis him in tyme bigane," and "what he micht look for at his handis in tyme comeing;" that Sir Robert, bearing his relative's written answer to this verbal message, met Maxwell a third time in the forest bowers, beside the Abbey of Holywood; that the latter read the reply, and