History of the Johnstones, 1191-1909, with ... - Electric Scotland

76 JOHNSTOUN WILLS
it had been the cause of an action, in which Newbie was involved, between
the widow, Nicolas Douglas, and her husband's grandson, the young Laird.
The first Will, dated 1562, left Nicolas Douglas joint executor with Lord
Hereis, the Laird of Drumlanrig (her father), and Johnstoun of Elphinstone.
Her husband bequeathed his horse, hart, dogs and sword to Lord Hereis,
desiring his heir to be guided by his counsel. Cattle, stones of cheese,
butter, hay, grain, linen yarn, woollen yarn, and ^200 were among his goods.
The codicil was to the advantage of the widow's own son, John, who
was younger than his half-nephew, and she was accused of having forged it.
It was signed with the Chief's hand at the pen. She pleaded that he was
a very old man and could no longer write, so she signed it for him. Although
the civil war, in which the young Chief, his father's brother, Robert, parson of
Lochmaben, and others of the clan fought at Langside, seriously delayed legal
affairs, a contract was registered Nov. 25, 1 569, in which " John of Johnstoun, grand-
son and apparent heir of the deceased John Johnstoun of that Ilk, his gudesire,
with the consent of John Johnstoun of Elsieshields and Robert Johnstoun
in Newton, his curators [he had chosen these two for himself], on the one
part, and Nicolas Douglas, widow of the said John Johnstoun of that Ilk,
on the other, whereby he obliges himself to pay to her 500 marks, promising
also to leave the house of Lochous to be heritably possessed by her children ;
and the said Laird of Johnstoun shall present John, lawful son of the deceased
John Johnstoun and Nicolas Douglas, to the parsonage and vicarage of
Johnstoun, and shall sustain him at the schools till he is fourteen years of
age." The cautioners are John Johnstoun of Newbie, Thomas Johnstoun of
Corheid (he signs his name of Craigaburn), John, Commendator of the Abbey
of Salsit, and Sir Walter Scott of Branxholme.
Newbie's Will is dated Feb. 5, 1576-7, and the inventory was taken
the next day by his wife and his sons, Robert and John. " The testament
and inventory of the gudes, geir, sums of money and debts pertaining to
the late John Johnstoun of Newbie, within the Sherrifdom of Dumfries, the
time of his decease, who died on Feb. 10 the year of God 1576, faithfully
made and given up by Marion Carruthers, his relict, whom he nominated
his only executor in his latter Will underwritten of the date at the lodging
of the late Mr James Lyndsay, within the burgh of Edinburgh upon the
5 and 6 of Feb. 1576 beforesaid, before these witnesses. Robert Johnstoun
in Cummertrees, John Johnstoun, 1 grandson and apparent heir to the Laird
of Holmends, John Broun of the Land (son-in-law), John Johnstoun, writer
in Edinburgh, and divers others. The said John Johnstoun being sick in
body, but whole in mind, submits himself, soul and body, to the mercy of
God, recommending his wife and bairns to the favour, protection and maintenance
of the Regent's grace, and the Earl of Angus, lieutenant and Warden
of the West Marches, which he is persuaded they shall find for the good
and true service that he has made, and always intended to make under
the King's Majesty for ever, if it had been God's pleasure longer to continue
1 A Wamfray.