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

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ACTIONS AGAINST GALABANK
1624, probably with Ryehill's approval, for the sum Galloway had paid to
Howat. 1 The Royal Charter to Howat constitutes it a lairdship, and it is still
possessed by John's descendant.
Except as a witness in conjunction with his father to a deed, John
first appears (July 2, 161 1) in a Galabank Charter as "the son of the late
John Johnstone in Mylnfield, who occupies, or others in his name, the land
{i.e., Northfield) to the east of Galabank which belonged to the late Robert
Johnstone, called of Newbie." John was living in the stone house in Annan
(1613-14) when his grandfather was Provost; and he was himself elected Provost
in 1624. He was then living in his wife's house at Annan, as his grandfather,
again a widower, had left Castlemilk and returned to the stone house. But
Edward moved to Edinburgh, and John paid off the mortgages on this house
and the estate of Galabank with 1000 marks, though they were soon mortgaged
again. He was living at Brounehills, April 1623, and his cousin, William
of Brume, is described as his servitor.
In 161 8 a case was brought against him by the Provost, Baillies, and
Council of Annan, who, so the indictment runs, " for the safe transport of
his Majesty's subjects, and hoping to obtain money in respect of the great
poverty of the said burgh (owing to the injuries of the disordered thieves and
limmers of the Middle Marches) had kept a boat, and exacted dues, and now
John Johnstoun, burgess of Annan, also called John of Mylnfield, and others
would not let it pass their land." This action was brought in 1628 before
the Lords in Council, John having been Provost in the interval, and the
defendants, not appearing, were outlawed—a sentence declared to be wrongful'by
the Justiciary Court at Dumfries, and quashed.
There was an adverse judgment the same year against John and his
brothers—George, Edward, and David—and Thomas Carruthers, Laird of
Wormanbie, who were accused of " carrying arms and assaulting George Weild,
a tenant in Mylnfield, while doing his lawful affairs in sober and quiet manner,
looking for no injury to be done unto him from any person." A feud had
long existed between the Johnstouns and Weilds. While Robert of Newbie
was assisting his Chief in his great difficulties in 1583 the Weilds seized his
lands in Annan. The Privy Council gave Arthur Johnstoun of Croftheids, one
of the Newbies, the escheat of the Weild property, but they obstinately
remained on the estate. John, "on his own confession," was fined £10 for the
whole party by the Lochmaben court, but the pursuer, not satisfied, brought the
case before the Lords in Council at Edinburgh, where, in 1618, John appeared
in person and was fined £40, and ordered to be kept in prison at Edinburgh at
his own expense till the money was paid.
It is unusual to find a baptism registered among the acts and decreets,
but young George Johnstoun of Mylnfield and his wife, Janet Cunningham,
1 The deed is endorsed— "A disposition of John Galloway to John Johnestoune, Jan. 15,
1624, of the lands of Gallowbank and of a tenement of land, back and fore, yard and
pertinents, and a stone house in the High Street of Annan, callit of auld the auld Tolbooth
Sted ... the Sovereign of Scotland and his successors the only Superior of the land
aforesaid."