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

io2 ATTACK ON NEWBIE TOWER
borrowed a large sum from him which was never repaid. 1 He was sued by
Sir James Hamilton for the balance of a fine, and borrowed 2500 marks from
his wife's uncle, Sir James Douglas of Drumlanrig, who put him to the
horn for non-payment. He died at Carlisle early in 1605, aged thirty-eight.
His second daughter, Barbara, had married Sir William Maxwell of Gribton,
her cousin ; and Newbie was to be made over to them with its charges
and debts. But as John left no lawful son, his uncle, Robert, took possession of
the castle as the owner of the Barony, although his sister-in-law and her
daughter, Barbara, were still living there.
A lawsuit was proceeding, when Sir William Maxwell arrived with a troop
of horsemen, including Robert Johnstoun of Brume and John M'Briar, who
are described in the trial as servitors of the said Maxwell ; Thomas Jardine; and
Charles Maxwell, who was concerned three years later in the murder of
the Laird of Johnstoun ; and James Jardine, servitor to Lord Herries. They
were in full armour, "jacks, swords, steel bonnets, pistolets, long guns, and
other weapons"; and, admitted by the two ladies, surprised the Castle of Newbie,
where Robert " lay fast in bed, deadly sick," and, entering his room, shot
Edward of Ryehill through the body, and wounded Arthur Johnstoun, his
servitor (and cousin), in the face, turning them all out of doors with their hands
fastened behind their backs.
This outrage caused more sensation than usual with a Border feud. The
English Warden alludes to it ; and Robert Birrell, an Edinburgh citizen, notes
in his diary, March 19, 1605: "The Maxwells came to the house of Newbies,
and took the house. In taking of the house sundry were wounded and hurt.
They kept the house till the guard and heralds caused them to surrender."
Robert was allowed to re-occupy it ; and both sides appealed to the law.
Elizabeth Stewart, Lady Newbie, complained that Robert had taken and
detained the tower and fortalice of Newbie, and urged that he might be
compelled to deliver the same to her, " in case it be found he ought to do
so, and to pay her 100 marks for his escheat and goods within forty days."
Robert stated that, having occupied the said tower and lands as present
heir male by entail to the Baron of Newbie, his father, he had sown most
of the oat seed in the said lands, and ought to remain till lawfully put therefrom.
A decree of the Privy Council (April 18) desired both parties to desist from
interfering with the lands and house of Newbie till the case was decided.
Sir William Maxwell, his wife, and mother-in-law were summoned to Edinburgh
for trial (June 21, 1605) at the instance of Robert, Edward, and Arthur
Johnstoun, whose advocates were Sir Thomas Hamilton, and John, the son
of Edward. On Maxwell's side were his wife's uncle, Sir Alexander Stewart of
Garlies, Charteris of Amisfield, and Andrew Ker of Fenton.
The record of the trial is headed— " Besieging the tower of Newbie, Shooting
Pistolets, Taking Captive, etc.," and begins : " Forasmuch as by divers Acts
1 Probably the feud between the Wamfrays and Crichtons which led to the battle
of Dryfe Sands was the cause. At his trial at Whitehall, 161 2, Lord Crichton said he had
killed no other man but Johnstons, by the King's command, and repentance was not needed