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

i5° GALABANK
(the Earl) to denounce the debtor as a rebel from the market-place of Lochmaben,
and to seize all his movable goods and gear. No official notice seems
to have been taken of this warrant, and the mortgage appears to have been
passed on to another creditor, from the accounts of the Sheriff-Depute, Sir
James Johnstoun of Westraw, for the year 1686-87. Then came the
Revolution of 1688, and the Covenanters were safe, but otherwise it hardly
upset the Borders so much as the rebellion of the Duke of Monmouth, whose
wife was the heiress of the great Border clan of Scott. As he had been more
humane 1 than Clavers when in command against the Covenanters, many
of them, besides his tenants, joined his army, which drained the district of
money and supplies.
Galabank's creditors returned to the charge in 1689, and a " letter of
horning," issued in the names of William and Mary, directed the sheriffs,
baillies, and stewards of the Borders to seize upon John Johnstoun, "who
continues and abides under the process of our said horning unslaved, and in
the meantime daily and openly haunts, frequents, and repairs to kirks, markets,
fairs, public and private places of meeting within this our realm, as if he were
our free liege, in high and proud contempt of this our authority and laws, and
giving thereby evil example to others to do and commit the like in time
coming without remedies be thereto provided," etc. It is further ordered that
he should be put in sure ward in a tolbooth (prison), and detained there night
and day at his own expense, and, if need be, kyves or handcuffs were to be
used. These letters of horning were issued twice every year without any effect
till 1698, when, in addition, letters of poynding and horning were registered
against the Provost of Annan (the Earl of Annandale) and the Baillies for
permitting John Johnstoun to retain possession of his house and goods and to
go about " unslaved."
The baillies were John himself, his son Edward, his sister-in-law's brother,
James Carlile, and James, Lord Johnstoun. John's brother, Edward, was dead,
and the other Edward went to London; but on May 8, 1700, John's name
appears, in a minute of the Town Council, about the erection of the first bridge
over the Annan, which ought to have been built long before with the legacy
left to Lord Annandale for the purpose. "Ane noble and potent Earle
William, Earle of Annandale and Hartfeill, said Provost of Annan, with
express advice and consent of John Johnstone of Galla Banks and John Irving,
both baillies, and James Bryden, grocer, and the haill Town Council and
Communitie of the said burgh on the one part, and Mr Matthias Partis of
Gallentyre on the other part . . . that the said Mr Matthias Partis shall
immediately fall to work, and imploy, contract, and agree with workmen for
building a bridge over a river at the place designed," etc. Galabank's quarry
supplied the stone for the bridge, but he was obliged to sue for payment. The
Earl of Annandale, as Sheriff, gave a decreet in favour of " our lovit John
1 In an interview with the King and Duke of York, James reproached him with having
saved the lives of rebels, and Charles agreed that no prisoners ought to have been taken.
Burnet.