Maxwell 128 Maxwell
he, with the aid of a fellow-prisoner, Sir James Maconell, made his escape (cf. ib. p. 17; Calderwood, vi. 686; and deposition of Sir James Maconell in Pitcairn, Criminal Trials, iii. 10–11). A warrant was immediately issued for his apprehension (ib. p. 19), and also a proclamation against resetting him (ib. p. 20); on 17 Dec. he was denounced as a rebel (ib. p. 24); on the 30th a commission was given to the captain of the guard for his pursuit (ib. p. 29); and on 12 Jan. a summons of forfeiture was libelled against him (ib. p. 33). He continued, however, to defy all the edicts, and evaded all efforts to capture him, notwithstanding that on 9 Feb. the whole company of the guard was ordered to proceed to Dumfries, and either apprehend him and other rebels, or put them out of the country (ib. p. 48). His perilous position, instead of inducing him to surrender, drove him to desperation; and, knowing that he must either be captured or leave the country, he resolved, before bidding farewell to Scotland, to have at least revenge on his father's murderer, Johnstone. He therefore sent Johnstone a message, thanking him for holding aloof from his pursuit, and asking for a conference with him for the final settlement of their differences, each to be accompanied by only one attendant. While Johnstone and Maxwell were conferring together, Maxwell's attendant began a quarrel with Johnstone's attendant, and shot him with a pistol. Johnstone shouted ‘Treason!’ and turned to see ‘what the matter meant,’ whereupon Maxwell immediately fired at him from behind and shot him dead (Calderwood vi. 704). On 9 April a new proclamation was therefore made for Maxwell's pursuit (Reg. P. C. Scotl. viii. 70); and all skippers were warned against carrying him forth of the realm under pain of death (ib. p. 70), a royal proclamation being also, on 28 April, issued for his capture dead or alive (ib. p. 83). Nevertheless, so faithful were his followers that he succeeded for some months in evading the most strenuous efforts to capture him, and ultimately made good his escape to the continent. The sympathy of the people with his misfortunes was indicated in the ballad ‘Lord Maxwell's Lament.’
In his absence Maxwell was, by the parliament of June 1609, found guilty of three separate charges of treason: the slaughter of two Johnstones in 1602; breaking his ward in Edinburgh Castle in December 1607; and the murder of the laird of Johnstone under trust in April 1608; and was condemned to death and the loss of his honours and estates (ib. pp. 805–9; Acta Parl. Scot. iv. 414–19; Pitcairn, Criminal Trials, iii. 32–41). In March 1612 he returned to Scotland (Calderwood, vii. 165), and a commission for his pursuit having been issued on 4 July (Reg. P. C. Scotl. ix. 359), he was apprehended in Caithness, and, after being brought by sea to Leith, was on 10 Sept. warded in the gaol of Edinburgh (Calderwood, vii. 165). For some time no further proceedings were taken against him, but the Johnstones having on 21 April sent in a petition for his execution (Reg. P. C. Scotl. x. 29), an order was issued by the council on 10 May that the sentence passed against him in his absence should be carried out. He was accordingly, on the 21st, beheaded at the market-cross of Edinburgh. ‘He died comfortless,’ writes Calderwood, ‘having none of the ministers present to pray for him, or to make exhortation to him or the people. He desired them not; neither was he content to receive information from them touching his religion’ (History, vii. 177). His body was interred by Mark Ker in the abbey of Newbattle. By his wife, Lady Margaret Hamilton, only daughter of John, first marquis of Hamilton, he left no issue. The title and estates were, on 13 Oct. 1618, restored to his brother Robert, who also was, on 29 Aug. 1620, invested with the title of Earl of Nithsdale in lieu of that of Earl of Morton, with precedency of the former title.
[Reg. P. C. Scotl. vols. v–x.; Histories of Calderwood and Spotiswood; Letters of John Colville (Bannatyne Club); Pitcairn's Criminal Trials; Sir William Fraser's Book of Caerlaverock, i. 300–24; Douglas's Scottish Peerage (Wood) ii. 319–20.]
MAXWELL, JOHN (1590?–1647), archbishop of Tuam, son of Maxwell of Cavens, Kirkcudbrightshire, was born about 1590. He was educated at St. Andrews, where he was laureated M.A. on 29 July 1611. In 1615 he was presented to the crown living of Mortlach, Banffshire. He removed in 1622 to Edinburgh, where he successively held four charges. On 18 July 1622 he was elected by the town council to the charge of the New or High Church; he was transferred on 25 Nov. 1625 to the Trinity College Church; on 14 Dec. he was elected by the town council to the second charge in the Old Church, or St. Giles's, and admitted on 27 Jan. 1626; he was promoted in the same year (after 14 Aug.) to the first charge.
Maxwell soon distinguished himself as an advocate for the restoration of liturgical forms in the Scottish church. He had influence at court through his cousin,
