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

46
THE JOHNSTOUNS OF THE FIFTEENTH CENTURY
David was a Judge of the Assize at Edinburgh in 151 1, with Adam Johnstoun
de Newbie, Roger Carruthers of Wormanbie, the Laird of Castlemilk, and
other local names, when a Jardine of Apilgirth was tried. The non-entres
and lands of Brotis were bestowed by the Crown on the Chief in 1546, till
another heir should appear, showing that David's direct heirs were extinct.
In 1476 Lord Carlile brought an action against John of Johnstoun of that
Ilk for "occupying the lands of Overdryfe for the last nine years, since
'decessum'of his brother William of Johnstoun"; and Carlile claimed them.
The case was brought before the Lords Auditors in Edinburgh, and John was
ordered to give up the lands and pay 40 marks. Two years later another case
before the Lords in Council was brought by William of Johnstoun, probably
nephew to the preceding one, and five witnesses proved that the Sheriff, Robert
Weir (Vere), had seized a herd of swine which belonged to him, on account of
money owed by Lord Hamilton. William gained his case, and paid 15s. to
the witnesses.
The Laird John must have been very old when he died in 1493. His
daughter married Archibald Carruthers of Mouswald, and Marion Scott, the
widow of another Archibald Carruthers, married his grandson, Adam of
Johnstoun (1488- 1 509), as his second wife. The first seems to have been a
Murray. John had made over his estate to his grandson, John, when his
eldest son, James, died about 1484. The younger John only survived about
four years, and then the estates of Johnstoun, Kirkpatrick Fleming and
Cavartholme were transferred to Adam, already shown to have fought on the
side of his sovereign at Lochmaben in 1484, and who now saw the chief
authority in Dumfriesshire given over to his rival, Maxwell, a change practically
felt by all his dependents. Johnstoun had a hard struggle to prevent his family
being altogether pushed aside. Probably his father and uncle had been killed
in the battles of 1484 and 1488, as their deaths took place in those years.
In 1498 there is an action against Adam of Johnstoun, Gavin Johnstoun of
Elsieshields, Symon of Johnstoun, and John of Johnstoun for occupying
Carlile's property in Pettinane. The two last may have been the Laird's near
relatives, as, though not an invariable rule, "of" before Johnestoun usually
describes a son, uncle, or brother of the Laird. The same Symon of Johnstoun
is proceeded against by William Jardine and his wife, Elspeth Carruthers, for
keeping back the rents of Powdene, which were owned by the said Elizabeth
or Elspeth, spouse to the late Herbert of Johnstoun of Powdene, who left two
daughters. Symon's heirs owned it, or claimed it for several generations.
Sir Symon Carruthers left only daughters, Margaret, Elspeth, and Janet, but
a younger Symon Carruthers, the son of the late Archibald, apparently Laird
Adam's stepson, took part with his stepfather, Murray of Cockpool, and others
in one of these cases. In another action before the Lords in Council, 1498, the
Crown sues Adam of Johnstoun of that Ilk, Thomas Dunwedy, Gavin Johnstoun
of Elsieshields, Symon of Johnstoun and John of Johnstoun. The case is heard
again in 1500, when John of Johnstoun, younger, showed that the said Adam of
Johnstoun was pledge and security for them all.