Sir James Johnstone soon made his peace with the king, whose warden had been slain while acting under royal authority. The heir of the slain warden, John, the ninth Lord Maxwell, is said to have been only eight years old at the time of his father’s death.[14] If this was so, he became very early of age for all purposes of offence. The two clans kept up a bloody and destructive private war. Both chiefs were imprisoned and proclaimed rebel or traitor; Maxwell twice, first in 1601, as favoring popery, and again in 1607, for his extravagant turbulence; and in each case he made his own escape, the second time by the use of violence. At length, influenced perhaps by a conviction that his defiance of the law had gone too far for his safety, Maxwell seemed to be seriously disposed to reconcile himself with his inveterate enemy.[15] Sir James Johnstone, as it happened, had already asked Sir Robert Maxwell, who was his brother-in-law and cousin to Lord Maxwell, to speak to his kinsman with that view. Sir Robert had no wish to meddle, for his cousin, he said, was a dangerous man to have to do with. Lord John, however, spontaneously sent for Sir Robert, and said to him, You see my estate and the danger I stand in. I would crave your counsel as a man that tenders my weal. The result of much conference and writing (in which Sir Robert Maxwell, evidently feeling imperfect confidence in his cousin, acted with great caution) was that Lord Maxwell proposed a tryst with Sir James Johnstone, each of them to be accompanied by one person only, and no others to be present except Sir Robert, and faithfully promised, with his hands between Sir Robert’s hands, that neither he nor the man he should bring with him should do any wrong, “whether they agreed or not.” Johnstone accepted the terms and made corresponding promises. The meeting came off the 6th of April, 1608. Johnstone brought Willie Johnstone with him, and Maxwell Charlie Maxwell, a man that Sir Robert strongly disapproved, but his chief undertook to be answerable for him. Sir Robert required the same guaranty on the part of Johnstone for his follower, and these men were ordered to keep away from one another. The two principals and their mediator between them rode off, with their backs to their men, and began their parley. Looking round, Sir Robert saw that Charlie Maxwell had left his appointed place and gone to Willie Johnstone, at whom, after some words between them, he fired a pistol. Sir Robert cried to Lord Maxwell, Fie, make not yourself a traitor and me both! Lord Maxwell replied, I am blameless. Sir James Johnstone slipped away to see to his follower’s safety. Lord Maxwell followed Sir James, shot him in the back, and rode off.[16]