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

THE ESTATE PASSES TO THE LAIRD OF JOHNSTOUN 103
of Parliament our Sovereign Lord prohibited the wearing of pistols and
hagbuts under certain pains, yet it is of truth that such is the wicked disposition
of some persons who preferring their own revenge to the due reverence and
obedience of his Highness's laws, they and their domestic servants daily
and continually bear and wear pistols, swords and hagbuts as their ordinary
and accustomed weapons. . . . As, viz., the said William Maxwell of
Gribton, Barbara Johnstoun, his spouse, and Elizabeth Stewart, her mother,
having a long time borne a secret and hidden malice against the said Robert
Johnstoun of Newbie in respect of the depending of certain acts before the
Lords and Sessioners of Council," etc.
The trial continued a week, and was prorogued till July 3, when the
defendants were bound under pain of 200 marks to come up for judgment
within fifteen days. Robert remained in Newbie, constantly annoyed by Gribton's
followers, till Lord Herries, at the instance of the advocate, John Johnstoun,
summoned Gribton to appear (Oct. 1605). Sir James Johnstoun and Robert
of Newbie at the same time prosecuted Lady Newbie and her second husband,
Samuel Kirkpatrick of Hoddam (brother-german to Sir Thomas Kirkpatrick
of Closeburn), who, on their appearance before the Court, were outlawed.
Robert died in November, having preferred to give up his claim on Newbie
to the Laird rather than to Gribton, on which Lady Newbie appealed against
the sentence of "horning"; and her son-in-law pleaded that a case begun
by Robert could not be carried on by Edward, who continued it on behalf
of Robert's son, William. 1
John, the advocate, then took up the matter against
Gribton and his colleagues, and the suits continued throughout 1606.
The intervention of the Crown in giving the wardship of the Barony of
Newbie a year after the owner's death to Robert of Raecleuch, the Laird
of Johnstoun's next of kin, "with the ward and marriage of all heirs of the
Laird of Newbie who died in 1576," hastened the settlement under the
provision of male heirs whatsoever, and the estates were made over to
Johnstoun by a compact signed at Dornock, Jan. 23, 1607. Young William
died at the Scots College of Douai, France (June, 26, 1607), and their uncle,
Edward Johnstoun of Ryehill, quietly assumed the guardianship of William's
brother, Edward. Probably the news of the boy's death did not reach Scotland
for some time; and the next year Raecleuch was made tutor to Sir James
Johnstoun's young son, who, when he came of age, declared that he had
received nothing from the proceeds of the Newbie Barony. 2 He even went to
law with Raecleuch to get back his father's favourite horse.
1 Among the twelve honest and faithful men who returned William as heir to his "avi,"
John Johnstoun of Newbie, were James Johnstoun of Westraw, Robert Johnstoun de Newton,
James Johnstoun de Chapelhill, junior, Gavin Johnstoun of Middlegill, Symon Johnstoun
de Woodheid, Thomas Johnstoun in Revox, James Johnstoun de Hesilbrae. Feb. 13, 1606.
2 From a fishing case in 1772, Viscount Stormont v. the Marquis of Annandale and
others, it appears that "Sir James Johnstone of that Ilk recognized the rights of the male
heir to Newbie (under the old entail to the direct heirs of William of Graitney, and his
brothers, first, and after them to the heir male whatsoever, who should bear the name
and arms of Johnstone), and entered into a contract with Robert, who empowered Sir
James to reduce the right granted to Barbara, obliging himself to pay the expense of the