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

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3 io YOUNGER SONS OF ELPHINSTONE<br />

Home for seizing his house, which led to <strong>the</strong> scene described by <strong>the</strong> English<br />

Warden {see p. 112). A year later Ryehill received a post in <strong>the</strong> Customs.<br />

James Johnstoun <strong>of</strong> Elphinstone died Dec. 16, 1594. He married, first,<br />

Margaret Ruthven, March 1550, and had two sons, Patrick and John. He<br />

married, secondly, Janet Melvill, by whom he had James, Robert, and John.<br />

The inventory <strong>of</strong> his goods and debts was given up by his son, John, and his<br />

daughter, Martha. The witnesses, Patrick Johnstoun (his son), Allen Cubie in<br />

Preston, Mr Robert Johnstoun (his son), Ninian Weir (notary), and o<strong>the</strong>rs. His<br />

wealth consisted <strong>of</strong> corn, cattle, and sheep ; and his tenants in Ballincrieff,<br />

Cousland, and o<strong>the</strong>r places, Thos. Rae, Peter, William, Janet, and Thomas<br />

Johnstoun, were in arrears <strong>with</strong> <strong>the</strong>ir rent. But he had many creditors and<br />

owed part <strong>of</strong> a daughter's dowry (Lady Glenegiis) ; £130 to his bro<strong>the</strong>r, John ;<br />

.£48 to his bro<strong>the</strong>r, Mr Adam Johnstoun ; £48 to Mr James Johnstoun, merchant;<br />

£30 to Elspeth Johnstoun for her bridal gown £80 borrowed from his son,<br />

;<br />

Mr John Johnstoun ; and he owed his tenants <strong>of</strong> Cousland and o<strong>the</strong>rs for malt,<br />

fish, and necessary provisions. In his Will, written in Edinburgh, possibly in<br />

George Haldin's house as he owes rent to him, <strong>the</strong> Laird <strong>of</strong> Elphinstone leaves<br />

John and Martha his executors, " to be counselled by <strong>the</strong> advice <strong>of</strong> <strong>the</strong>ir mo<strong>the</strong>r<br />

and <strong>of</strong> my bro<strong>the</strong>r John . . . Because," he adds, " my son, Mr James, has<br />

behaved himself most proudly and rebelliously towards me, his fa<strong>the</strong>r, and<br />

<strong>of</strong>fended me grievously as is notoriously known to all his friends ... I<br />

declare that I will no ways have him to share any part or portion <strong>of</strong> my goods<br />

and gear, but debar him simply <strong>the</strong>refrom and from <strong>the</strong> name <strong>of</strong> a son, and for<br />

all benefits which he might have had through me." He had already made over<br />

Leuchie and Ballincrieff to his son, Robert, and as John and Martha are <strong>the</strong><br />

only children he has not provided for <strong>the</strong>y are to divide what is left when his<br />

debts are paid. He empowers John to continue an action against Lord and<br />

Lady Gowrie for <strong>the</strong> rent <strong>of</strong> <strong>the</strong> lands and Mains <strong>of</strong> Cousland, and he bequeaths<br />

Cousland to John, and his daughter Marion to <strong>the</strong> guardianship <strong>of</strong> <strong>the</strong> Laird <strong>of</strong><br />

Wedderburn, that he may suffer her to get no wrong in her marriage <strong>with</strong> <strong>the</strong><br />

Laird <strong>of</strong> Cockburn.<br />

There had been an action going on since 1591 between William Bonar <strong>of</strong><br />

Rossie and Elphinstone about a contract <strong>of</strong> marriage <strong>with</strong> Jean Johnstoun, <strong>the</strong><br />

latter's daughter, as apparently <strong>the</strong> Laird declined to give up <strong>the</strong> title-deeds <strong>of</strong><br />

Bonar's estate, which was settled on Jean and which Elphinstone had himself<br />

obtained by escheat. But in his Will he states that Bonar is doing " his honest<br />

duty to his wife and children," so that Robert, to whom he leaves <strong>the</strong> title-deeds<br />

in trust, is not to use <strong>the</strong>m for his own pr<strong>of</strong>it, and to have no power to do any-<br />

thing <strong>with</strong> <strong>the</strong>m <strong>with</strong>out <strong>the</strong> advice <strong>of</strong> his bro<strong>the</strong>rs, Patrick and John, and <strong>of</strong> his<br />

uncle, John. He constitutes Patrick his eldest son, but <strong>the</strong> disinherited James<br />

was <strong>the</strong> eldest son <strong>of</strong> <strong>the</strong> second wife. In 1603, immediately after her death,<br />

" Master James Johnstoun is returned<br />

stoun <strong>of</strong> Elphinstone."<br />

heir to his fa<strong>the</strong>r, <strong>the</strong> late James John-<br />

There was not much but land for any <strong>of</strong> <strong>the</strong>m, and Bonar <strong>of</strong> Rossie continued<br />

his suit against <strong>the</strong> trustees. In 1603 Elphinstone's widow, Janet

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