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

JOHNSTOUN IS PLEDGE FOR LAIRD OF (1RAITNEY 51
an assize of twenty-five barons. They were acquitted on the ground that
Robert Crichton was an outlaw.
Four barons were enough, in April 1513, to sit on those for whom the
Deputy-Warden, the Laird of Johnstoun, was made responsible—George Johnstoun
of Auchinsbork for the slaughter of Ivon Corrie ; William Johnstoun of
Fouleduris for slaughter ; Robert
Graham, John Carmichael (the son of Laird
Carmichael), John Vere, John Lockhart, and Robert Bertoon for the slaughter
of William, Laird of Dalziell. Of these, the two first and the last were put to
the horn and their goods escheated. The same sentence was inflicted on
Thomas Johnstoun de Gretna, with .£100 fine for his non-appearance; William
Johnstoun, the young Laird of Gretna, was accused of underlying the law, and
100 marks penalty for his non-appearance. David Johnstoun, brother of John
Johnstoun in Bartycupen (near Lochwood), was put to the horn, and cost his
Chief 100 marks for his non-appearance, as did Adam Scott of Tuschelaw, who
was also put to the horn and his goods escheated. James Johnstoun of Skare
had the same penalty. Johnstoun himself had not received back his estates
since their sequestration, but they were restored immediately afterwards. 1
John Johnstoun of Warn fray was fined £40 for himself, and Douglas and
Maxwell were ordered to make compensation to Lord Crichton. 2 To support
the junior members of his own family and of his own clan was the duty of a
chieftain, but on this occasion Johnstoun, who was a peacemaker in other
matters, agreed to pay half of Maxwell's costs. There was a marriage connection
between the two, for either the Laird or his eldest son, John, had
married Maxwell's daughter. The older Maxwell histories say it was John.
The judgment was given just before the battle of Flodden, and Maxwell, 3
who was going to join the King with all the forces he could muster, had neither
time nor money to spare. He with four of his brothers shared their Sovereign's
fate, and was left dead on the field, besides an Irving of Bonshaw, Lord Herries
of Terregles with his brother Andrew, Gilbert Johnstoun of Elphinstone, and
many other Dumfriesshire gentlemen.
The English Warden, Lord Dacre, followed up the victory by an inroad
into Scotland through Eskdale. Writing in Oct. 15 13, he describes the great
devastation he had made, "continually burning from break of day till one in
the afternoon, and bringing away 400 head of cattle, 300 sheep, some horsey
and much furnishing."
1 Pitcaim gives an abstract of this trial, pointing out the mistake that either the Justiciary
Record or the old Peerages make in Dalziel's Christian name. " This entry," he says, " 1
is very
obscurely expressed. It does not appear from it which of these parties were struck and which
of them slain, or whether they were all struck and slain."
2 In the Lord High Treasurer's accounts for Aug. 1508 there is payment to a messenger
for summoning the Lord Maxwell and the Laird of Johnstoun to ward prison . In April 1513
there is the same for summoning Lord Maxwell and the Laird of Johnstoun to ward. In the
MS. account of the Herries family it is stated that Maxwell was imprisoned for this fray, "and
paid a great composition for himself and all those who weie with him.
John, Lord Maxwell, was in possession of his father's estate Feb. 14, 1477. He married
Agnes, daughter of Sir Alexander Stewart of Garlies, who was Laird in 1477 and dead in 1501,
when his son, Alexander, succeeded him. Robert Maxwell succeeded his father in 1 5 13 and
died 1546