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

THE JOHNSTOUNS OF WESTRAW 2,
The arrangement with the Hamiltons was possibly considered derogatory
to the Johnstouns, for, in a letter to Walsingham from the English Ambassador,
Nicolson writes: "As for the offers the Lord of Arbroath (Hamilton) make
for the slaughter of one Westraw, the Regent does not think it good for his
own surety and the King's service to have it taken up jet. The Lord of
Arbroath presses the matter . . . and will demand leave to travel till it be
ended, for that he dare not remain there for fear of the revenge of the dead
man's friends, who be the Johnstouns and their kinsfolk and dependers of the
Earl of Angus" (Sept. 19, 1574).
James of Westraw was under age when he inherited his father's property ;
but in 1583 he petitioned the Lords of Session to be infefted in the lands of
Moit, to which he could " not obtain entry because of the deadly feud and
enmity between his superior Maxwell and the laird of Johnstoun, to whom he
was near friend and special depender." A year later he and his mother were
still engaged in a suit against Lord Maxwell " regarding the decreet he had
against them to remove from Moit, in the Sheriffdom of Lanark."
Westraw married Johnstoun's sister, Margaret, in 1594, and in a postnuptial
contract settled the ten pound land of Westraw, " with its fortress and
pertinents in Lanark, on the said Margaret and their children, whom failing on
his own children, whom failing on Sir James of Dunskellie and his male
descendants, whom failing on William Johnstoun second lawful son to Mungo
Johnstoun of Lockerbie and his heirs male, whom failing on Sir James's male
heirs whatsoever, bearing the arms and surname of Johnstoun, conformable
with another contract between the two parties, reserving the lady's life rent, in
case of children therein named, a provision for the heirs female, and an obliga-
tion by Dunskellie to pay 1000 marks to Westraw as a dowry with his said
sister" (Feb. 8, 1594). A third contract is more in the form of a tack of
the Barony and Castle of Johnstoun and other estates to Westraw and his
heirs male, whom failing, to return to Dunskellie and his heirs male bearing
the surname and arms of Johnstoun, to be holden from him for 400 marks
yearly, and doubling the feu-duty at the entry of every heir. This contract
reserved the liferent to the granter and his wife, Sara Maxwell, and contained
a clause for the redemption of the estates by payment of " a Scots thistle noble
of gold valued at 1 1 marks Scots money" (Nov. 5, 1594).
Westraw was nominally at the horn at this very time, but on Dec. 4,
1599, he was respited by the Crown for burning the church of Lochmaben in
July 1589, when his brother, Robert, was killed. The Chief of the clan was in
dire straits for money, his estates were sequestered, and he had been put to the
horn for the battle of Dryfe Sands. The respite to himself and his followers
had cost him much, and he was just restored to the wardenship of the Borders,
with the Castle of Lochmaben as a residence. Many of his dependents had got
beyond his control at a time when, we are told, no man dared to take any of
them into his house, and since the death of Lord Maxwell, with many followers,
in that battle, the Maxwell relatives were waiting for revenge. To rid himself
of the troubles of his estates, filled with ruined tenants, seemed a good idea.