he contrived to make his
escape; and, having repaired to Dumfries-shire, he sought an amicable
interview with Johnstone, under pretence of a wish to accommodate
their differences. Sir Robert Maxwell, of Orchardstane (mentioned
in the Ballad, verse 1.), who was married to a sister of Sir James
Johnstone, persuaded his brother-in-law to accede to Maxwell's
proposal. The two chieftains met, each with a single attendant, at a
place called Achmanhill, 6th April, 1608. A quarrel arising betwixt
the two gentlemen who attended them (Charles Maxwell, brother to the
laird of Kirkhouse, and Johnstone of Lockerby), and a pistol being
discharged, Sir James turned his horse to separate the combatants; at
which instant Lord Maxwell shot him through the back with a brace of
bullets, of which wound he died on the spot, after having for some
time gallantly defended himself against Maxwell, who endeavoured to
strike him with his sword. "A fact," saith Spottiswoode, "detested by
all honest men, and the gentleman's misfortune severely lamented, for
he was a man full of wisdom and courage."--SPOTTISWOODE, _Edition_
1677, _pages_ 467, 504. 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,