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APPENDIX G 617 Both Kingdoms 23 May 1644; Lord Advocate 30 Oct. 1646; took part in the Proclamation of Charles II as king, at Edinburgh, 5 Feb. 1648/9; Commissioner for Argj'llshire 1649; I'Ord Clerk Register 10 Mar. 1648/9, and again 9 July 1657; Commissioner for Justice, Scotland, 3 Nov. 1657. He was sum. to the "Other House," 10 Dec. 1657, but did not take his seat, " being sick." He took the oath and his seat in Richard Cromwell's House of Lords, as "Archibald Lo. Johnston of Wareston," 27 Jan. 1658/9. Councillor of State, in the " Restored Rump," 13 May to 25 Oct. 1659; and Chairman of the Committee of Safety, representing the " Walling- ford House" party, 26 Oct. 1659. He m., istly, 23 Oct. 1632, at St. Giles, Edinburgh, Jean, da. of Sir Lewis Stewart, Advocate. She cJ. 12 June 1633, aged about 15. He m., 2ndly, 4 Sep. 1634, at Currie, Helen, ist da. of Sir Alexander Hay, Lord Foresterseat, by Katherine, da. of Sir John Skene, of Curriehill. At the Restoration he left England, before 7 July 1660, and went to Hamburg. He was attainted, in the Scottish Pari., i Feb. 1660/1; and proclaimed a traitor at Edinburgh 13 May i66i.(*) He was arrested at Rouen In Feb. 1662/3, brought to London () and imprisoned in the Tower ;("=) removed to the Tolbooth, Edinburgh, 8 June 1663, ordered to appear before the Scottish Pari. 23 June, and sentenced to death 8 July i663.() He was hanged at the Cross of Edinburgh, 22 July 1663,0 ^'^d ^is head was " cutt off and (*) " Upone the 13 day of May 1661, Sir Archibald Johnnestoun of Warystoun, lait Clerk Register, being forfalt in this Parliament . . . was first oppinlie declairit traitor in face of Parliament, thaireftir, the Lord Lyon king at airmes, with four heraldis and sex trumpetteris, went to the Mercat Croce of Edinburgh, and thair maid publict intimation of his forfaltrie and treason, rave asunder his airmes and trampled thame under thair feet." (Nicoll's Diary, p. 332). C") "2 Mar. 1662/3. Archibald Johnston, Lord Wariston, was lately taken in France, and sent over; ... he was chairman of the late Committee of Safety ... he is very ill, very poor, and his lady and 12 children live on the charity of friends." {Cal. S. P. Dom., 1663-4, p. 64). His 3rd da., Elizabeth, m., istly, Thomas Hepburn; and, 2ndly, Gen. William Drummond, tr. Viscount of Strathailan, 1686. (°) " Petition of Helen Hay to the King, for permission for herself and her daughter Margaret, now a prisoner with the petitioner's husband, Archibald Johnston, in the Tower, to attend him to Scotland, ... as he is so ill with palsy and dropsy." She was allowed to see him, 19 May 1663. {Cal. S. P. Dom., 1663-4, pp. 141, 146). " Dame Helen Hay, widow of Sir Archibald Johnstone," was our. in the Greyfriars, Edinburgh, 7 Sep. 1670. [Scottish Record Society, 1902). {^) " My unfortunate uncle was so disordered both in body and mind, that it was a reproach to a government to proceed against him. His memory was so gone that he did not know his own children. He was brought before the parh'ament, to hear what he had to say. ... He spoke long, but in a broken and disordered strain, which his enemies fancied was put on to create pity. So he was sentenced to die." (Burnet's Hist, of his own Times, vol. i, p. 364). Bishop Burnet was his nephew, being the son of Robert B., Lord Crimond, by Rachel Johnston, Wariston's sister. (^) The Earl of Lauderdale writes to Moray, 28 July 1663: "On Wednesday Archibald Johnston was hanged at the cross of Ed°[burgh] according to his most just sentence." 78