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

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EXECUTION OF MAXWELL 115<br />

elsewhere he is styled Mr (Master) John Johnstoun, after <strong>the</strong> fashion which<br />

gave <strong>the</strong> prefix to graduates and <strong>the</strong> eldest sons <strong>of</strong> Lairds.<br />

The career <strong>of</strong> this John <strong>of</strong> Mylnfield was a short one. He was Sheriff-<br />

Depute 1 <strong>of</strong> Annandale, and presided over <strong>the</strong> jury who returned James, <strong>the</strong><br />

young Laird <strong>of</strong> Johnstoun, as lawful heir to his fa<strong>the</strong>r in 1609, ar| d for a short<br />

time had <strong>the</strong> ward <strong>of</strong> <strong>the</strong> estate. He was also Sheriff or Steward <strong>of</strong> Dumfries.<br />

In 1605 he paid 10 marks for <strong>the</strong> release <strong>of</strong> his uncle, Abraham Johnstoun,<br />

from a sentence <strong>of</strong> outlawry Lady Newbie had procured against him—first<br />

for fishing, and <strong>the</strong>n for keeping from her, as she alleged, some <strong>of</strong> <strong>the</strong> Newbie<br />

rents (claimed by heirs and creditors)—and after John had taken his uncle's side<br />

at <strong>the</strong> trial for <strong>the</strong> attack on Newbie his life was not safe from <strong>the</strong> Maxwells.<br />

On July 31, 1605, Edward Maxwell <strong>of</strong> Hills and Lord Hereis had to pledge<br />

<strong>the</strong>mselves for ,£5000, and Robert Maxwell <strong>of</strong> Dinwiddie pledged himself<br />

for <strong>the</strong> Maxwells <strong>of</strong> Gribton and Conheath <strong>with</strong> 3000 marks, not to harm<br />

Mr John Johnstoun, advocate. When <strong>the</strong>ir Chief was a fugitive <strong>the</strong>y, in <strong>the</strong>ir<br />

turn, asked to be protected against <strong>the</strong> Johnstouns.<br />

The same year John was pledge for his Wamfray cousin, Edward Johnstoun,<br />

in Edinburgh, who was accused <strong>of</strong> attacking John Broun, a goldsmith, in<br />

<strong>the</strong> High Street. It was proved that Edward and his wife, Ka<strong>the</strong>rine Rae,<br />

had supper <strong>with</strong> her parents, and were returning <strong>with</strong> <strong>the</strong>ir servants to <strong>the</strong>ir own<br />

lodging when <strong>the</strong> plaintiff, <strong>with</strong> an Aberdeen friend, seized Ka<strong>the</strong>rine, "tore<br />

her curtche and o<strong>the</strong>r ornaments <strong>of</strong> her head causing her nose to bleed."<br />

The husband was exonerated for inflicting severe blows on <strong>the</strong> probably<br />

drunken assailants, <strong>the</strong> Court decreeing that "<strong>the</strong> High Street at night should<br />

be a place <strong>of</strong> safety and refuge to all honest men and women, especially<br />

to <strong>the</strong> honest neighbours and inhabitants <strong>the</strong>re<strong>of</strong>." The Laird <strong>of</strong> Johnstoun,<br />

Ryehill, and Westraw were advocates or witnesses for <strong>the</strong> defence.<br />

In 1610 John was among <strong>the</strong> Justices <strong>of</strong> <strong>the</strong> Peace for Dumfriesshire and<br />

Annandale, <strong>the</strong> o<strong>the</strong>r Johnstouns on <strong>the</strong> list being Raecleuch, Ryehill, and<br />

Graitney. The representatives <strong>of</strong> eleven <strong>of</strong> <strong>the</strong>ir colleagues—Douglas, Charteris,<br />

Stewart, Murray, Wemyss, etc.—have long since merged into <strong>the</strong> Peerage where<br />

<strong>the</strong>y were not already Peers, except Kirkpatrick <strong>of</strong> Closeburn, who is a Baronet.<br />

The twelfth—Carru<strong>the</strong>rs <strong>of</strong> Holmains—has no heir in <strong>the</strong> direct male line.<br />

The deed which transferred Galabank from Jeffrey Irving to Edward<br />

<strong>of</strong> Ryehill is dated at Mylnfield. John Johnstoun <strong>of</strong> Mylnfield was a witness,<br />

and living at Galabank and also occupying Northfield and <strong>the</strong> adjacent fields in<br />

1609 when he brought an action against some inhabitants <strong>of</strong> Annan who<br />

interfered <strong>with</strong> his fishings. The next year he was outlawed for not arresting<br />

Robert <strong>of</strong> Raecleuch in Newbie Castle, at <strong>the</strong> instance <strong>of</strong> <strong>the</strong> powerful Murray,<br />

when <strong>the</strong> Crown bestowed <strong>the</strong> property as an escheat on Mr Patrick Howat.<br />

The five years' exile <strong>of</strong> Lord Maxwell for <strong>the</strong> murder <strong>of</strong> <strong>the</strong> Laird<br />

<strong>of</strong> Johnstoun in 1608, and his execution in 1613, eclipsed <strong>the</strong> influence <strong>of</strong> his<br />

family very temporarily, for <strong>the</strong>y were widely represented in Dumfriesshire and<br />

1 This post, like that <strong>of</strong> Sheriff, Baillie, and Provost, was, says Speed, always kept in <strong>the</strong><br />

Lairds' families.

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