JOHNSTONI _Historia, Ed. Amstael_. pp. 254,
283, 449.
Lord Maxwell, the murderer, made his escape to France; but, having
ventured to return to Scotland, he was apprehended lurking in the
wilds of Caithness, and brought to trial at Edinburgh. The royal
authority was now much strengthened by the union of the crowns, and
James employed it in staunching the feuds of the nobility, with a
firmness which was no attribute of his general character. But, in the
best actions of that monarch, there seems to have been an unfortunate
tincture of that meanness, so visible on the present occasion.
Lord Maxwell was indicted for the murder of Johnstone; but this was
combined with a charge of _fire-raising_, which, according to the
ancient Scottish law, if perpetrated by a landed man, constituted a
species of treason, and inferred forfeiture. Thus, the noble purpose
of public justice was sullied, by being united with that of enriching
some needy favourite. John, Lord Maxwell, was condemned, and beheaded,
21st May, 1613. Sir Gideon Murray, treasurer-depute, had a great share
of his forfeiture; but the attainder was afterwards reversed, and
the honours and estate were conferred upon the brother of the
deceased.--LAING'S _History of Scotland_, Vol. I. p. 62.--JOHNSTONI
_Historia_, p. 493.
The lady, mentioned in the ballad, was sister to the Marquis of
Hamilton, and, according to Johnstone the historian, had little reason
to regret being separated from her husband, whose harsh treatment
finally occasioned her death.
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