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

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

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n8 GRA1TNEY SOLD TO MURRAY possession of an estate, might be ioo years before. One of the witnesses examined in the case of Stormont v. the Trustees of the Marquis of Annandale in 1772 stated that the Newbie estates "did belong to the Carliles"— yet the Carliles held it before the Corries. In 1606 Graitney had gained a suit, long pending, over the sons of the murdered Richard Irving, who obtained the lands of Sarkbrig and Conheath, in Graitney, on mortgage from John's grandfather, William of Graitney, and they were now obliged to give them up. In the suit his pedigree is recorded and includes " Johnstoun," the father of the first Baron of Newbie {see Chapter IX.). The Johnstoun house at Graitney remained till 1796 (when it was rebuilt), and bore the arms of Johnstone of that Ilk over the door, with the addition of two mullets and the initials J. J. on each side. John Murray married secondly a daughter of Gilbert Johnstoun of Wamfray. Another of Gilbert's daughters married David Johnstoun in Edinburgh. Cavartholme came by direct male descent through the first Baron Newbie from James, Laird of Johnstoun (1513 to 1524), to John of Graitney, who made it over to his grandson, John, Nov. 10, 1613. In 1615 the copyhold of Graitney and Hailstanemuir, with their towers, fortalices, corn-mills, moors, etc., was mortgaged, but subject to redemption, to Edward of Ryehill and Barbara, his wife, for 5000 marks. David Johnstoun of Newbie probably helped to supply the money, as his consent was obtained to let Murray have these lands for 2000 marks less than his brother, Edward, had paid for them. It was but the copyhold, so this Charter was soon followed by other Charters of total resignation by John of Graitney. One of these, dated 161 8, is signed by William M'Briar of Almagill, John Corsane, Provost of Dumfries, Mr Symon Johnstoun, parson of Annan, and John Johnstoun. It is followed by a new Charter from the King, granting the estates irredeemably to John Murray and his heirs to be held of the Crown for a yearly payment of .£20 Scots at Whitsunday and Martinmas, doubling the feu duty at the entry of every heir (Jan. 6, 1619). Murray, now created Earl of Annandale, obtained another Charter, in which John of Graitney, his son, William, and his grandson, John, signed away their rights to the family estate in 1623. Murray mortgaged Graitney alone for 5400 marks to his sister-in-law, Janet Douglas, widow of Sir James Murray of Cockpool, in 1634, and it was redeemed in 1637. The full payment for the estate was not made without more litigation. After serving a writ of ejectment on the feuars and kindlie tenants, who comprised two Wamfray Johnstouns, James Johnstoun of Lochous, several Grahams, and three John- stouns of Righead, the new owner was called upon by these defendants, in conjunction with John of Graitney, his son, William, and his grandson, John, to pay the balance of 10,000 marks still owing to the late proprietor. After quoting various documents to prove that he had no title to it, Murray paid it through Edward of Ryehill during the year 1624. Graitney's direct descendant, Colonel James Johnstone, still called himself of Graitney, when, as Provost of Lochmaben (1720), he married Isabella,

GRAITNEY AND MURRAY'S DESCENDANTS 119 who claimed the Ruthven Barony in her own right. She died in 1730, leaving a son, James, fourth Baron Ruthven. His grandson, James, dying without heirs, his sister, Mary Elizabeth, succeeded to the Ruthven Barony, and her grandson is the present peer. 1 Murray left an only son, James, who died in 1668, when the title was extinct. James's widow married Murray's distant relative, David Murray, Lord of Scone and Viscount Stormont. Their eldest son married Marjory, daughter of David Scott of Scotstarvit, and grand-daughter, through female descents, of the elder James Murray of Cockpool, Dundrennan's brother. She also descended from the Newbie Johnstouns. This marriage united the Graitney to the Perthshire estates of the Murrays of Scone and Stormont. In 1620 Ryehill was put to the horn and "personally apprehendit" in the street of Edinburgh, as the security for a loan to his niece's husband, Hew Dunbar, W. S. Murray brought a yearly action for twenty years against the old and present occupiers of Newbie— in one instance only against the Wamfrays, in another against George Johnstoun of Corrie—and M'Briar of Almagill, Douglas of Torthorald, Douglas of Drumlanrig, and, later, the Earl of Nithsdale were equally persistent for rents, taxes, or tithes. The three knocks were duly given on all their doors, and each year the Town Clerk reported the same that he met with no response. There are also four horning processes against the young Laird, Robert of Raecleuch, Edward of Ryehill, and others. Yet Robert continued to live in Newbie, and Edward to act as Provost of Annan, Justice of the Peace, and Member for the Dumfries Burghs. Ryehill received from the Crown (Jan. 1607) a small gift of confiscated land—Stank, in Annan—belonging to George Irving, and this still remains to his descendant ; and the escheat of John Broun of the Land, his nephew. He won a suit against Irving, but repaid him for the property, and he also won a suit against two Hills, who questioned his claim to Ryehill bequeathed to him by his father. Yet John Murray brought an action to compel him to give it up. The Murrays were most unpopular. James Murray of Ceckpool was 1 The junior branches of the Graitney family survive in Dumfries and probably in other parts. The sons of John who sold the estate to Murray were William, Gilbert, and Archibald. William married his cousin, a Graham, and their eldest son, John, sold his claims, such as they were, to Robert Graham in 1637 ; Robert feued the estate from Murray in 1649. The Graitneys married well-endowed wives. The younger John's widow, Elizabeth Armstrong, in 1654 settled her lands in Hoddam, Lockerbie, Redkirk, Cockpool, Blaatwood, Dornock, Ruthwell, and Graitney on her son, William. Another son, Richard, is buried with many of his kin in Graitney Churchyard. Archibald, George, and William Johnstoun in Hoddam, in 1689, and their cousin, William Johnstoun in Dornock, owned the lands and Mains of Holmains. Johnstoun of Graitney acted as a witness at the baptism of the sixth son of William and the Hon. Emilia Irving in Bonshaw Tower in 1709; and in 1793 William Johnstone of Graitney procured the grant of a weekly market and half-yearly fair for Graitney, with the usual tolls and privileges. In 1768 Pennant observed there was still a railed enclosure, a sort of sanctuary for criminals, near Graitney. He states that "handfisting" marriages had quite died out on the Borders, but they were revived at Gretna Green for English runaway couples when Fleet marriages were abolished. They originated in the scarcity of priests.

n8 GRA1TNEY SOLD TO MURRAY<br />

possession <strong>of</strong> an estate, might be ioo years before. One <strong>of</strong> <strong>the</strong> witnesses<br />

examined in <strong>the</strong> case <strong>of</strong> Stormont v. <strong>the</strong> Trustees <strong>of</strong> <strong>the</strong> Marquis <strong>of</strong> Annandale<br />

in 1772 stated that <strong>the</strong> Newbie estates "did belong to <strong>the</strong> Carliles"— yet <strong>the</strong><br />

Carliles held it before <strong>the</strong> Corries.<br />

In 1606 Graitney had gained a suit, long pending, over <strong>the</strong> sons <strong>of</strong> <strong>the</strong><br />

murdered Richard Irving, who obtained <strong>the</strong> lands <strong>of</strong> Sarkbrig and Conheath, in<br />

Graitney, on mortgage from John's grandfa<strong>the</strong>r, William <strong>of</strong> Graitney, and <strong>the</strong>y<br />

were now obliged to give <strong>the</strong>m up. In <strong>the</strong> suit his pedigree is recorded and<br />

includes " Johnstoun," <strong>the</strong> fa<strong>the</strong>r <strong>of</strong> <strong>the</strong> first Baron <strong>of</strong> Newbie {see Chapter IX.).<br />

The Johnstoun house at Graitney remained till 1796 (when it was rebuilt), and<br />

bore <strong>the</strong> arms <strong>of</strong> Johnstone <strong>of</strong> that Ilk over <strong>the</strong> door, <strong>with</strong> <strong>the</strong> addition <strong>of</strong><br />

two mullets and <strong>the</strong> initials J. J. on each side.<br />

John Murray married secondly a daughter <strong>of</strong> Gilbert Johnstoun <strong>of</strong> Wamfray.<br />

Ano<strong>the</strong>r <strong>of</strong> Gilbert's daughters married David Johnstoun in Edinburgh.<br />

Cavartholme came by direct male descent through <strong>the</strong> first Baron Newbie<br />

from James, Laird <strong>of</strong> Johnstoun (1513 to 1524), to John <strong>of</strong> Graitney, who made<br />

it over to his grandson, John, Nov. 10, 1613. In 1615 <strong>the</strong> copyhold <strong>of</strong> Graitney<br />

and Hailstanemuir, <strong>with</strong> <strong>the</strong>ir towers, fortalices, corn-mills, moors, etc., was<br />

mortgaged, but subject to redemption, to Edward <strong>of</strong> Ryehill and Barbara, his<br />

wife, for 5000 marks. David Johnstoun <strong>of</strong> Newbie probably helped to supply<br />

<strong>the</strong> money, as his consent was obtained to let Murray have <strong>the</strong>se lands<br />

for 2000 marks less than his bro<strong>the</strong>r, Edward, had paid for <strong>the</strong>m. It was<br />

but <strong>the</strong> copyhold, so this Charter was soon followed by o<strong>the</strong>r Charters <strong>of</strong><br />

total resignation by John <strong>of</strong> Graitney. One <strong>of</strong> <strong>the</strong>se, dated 161 8, is signed<br />

by William M'Briar <strong>of</strong> Almagill, John Corsane, Provost <strong>of</strong> Dumfries, Mr<br />

Symon Johnstoun, parson <strong>of</strong> Annan, and John Johnstoun. It is followed by<br />

a new Charter from <strong>the</strong> King, granting <strong>the</strong> estates irredeemably to John<br />

Murray and his heirs to be held <strong>of</strong> <strong>the</strong> Crown for a yearly payment <strong>of</strong> .£20<br />

Scots at Whitsunday and Martinmas, doubling <strong>the</strong> feu duty at <strong>the</strong> entry <strong>of</strong><br />

every heir (Jan. 6, 1619).<br />

Murray, now created Earl <strong>of</strong> Annandale, obtained ano<strong>the</strong>r Charter, in<br />

which John <strong>of</strong> Graitney, his son, William, and his grandson, John, signed<br />

away <strong>the</strong>ir rights to <strong>the</strong> family estate in 1623. Murray mortgaged Graitney<br />

alone for 5400 marks to his sister-in-law, Janet Douglas, widow <strong>of</strong> Sir James<br />

Murray <strong>of</strong> Cockpool, in 1634, and it was redeemed in 1637. The full payment<br />

for <strong>the</strong> estate was not made <strong>with</strong>out more litigation. After serving a writ<br />

<strong>of</strong> ejectment on <strong>the</strong> feuars and kindlie tenants, who comprised two Wamfray<br />

Johnstouns, James Johnstoun <strong>of</strong> Lochous, several Grahams, and three John-<br />

stouns <strong>of</strong> Righead, <strong>the</strong> new owner was called upon by <strong>the</strong>se defendants, in<br />

conjunction <strong>with</strong> John <strong>of</strong> Graitney, his son, William, and his grandson, John,<br />

to pay <strong>the</strong> balance <strong>of</strong> 10,000 marks still owing to <strong>the</strong> late proprietor. After<br />

quoting various documents to prove that he had no title to it, Murray paid<br />

it through Edward <strong>of</strong> Ryehill during <strong>the</strong> year 1624.<br />

Graitney's direct descendant, Colonel James Johnstone, still called himself<br />

<strong>of</strong> Graitney, when, as Provost <strong>of</strong> Lochmaben (1720), he married Isabella,

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