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II  CONTENTS. 

PAGE 

MANSIONS  formerly  belonging  to  the  Johnstones — 

i.  Newbie  Tower,           ......  cccxl 

2.  Stapleton  Tower,        ......  cccxl 

3.  Corrie  or  Lun,            ......  cccxli 

4.  Wamphray  Place,       ......  cccxli 

CHARTERS  OF  THE  JOHNSTONES  OF  JOHNSTONE,  EARLS 

AND  MARQUISES  OF  ANNANDALE,  .  .  .        1-101 

Abstract  of  the  Charters,    .......    102-108 

APPENDIX  OF  CHARTERS,  1 124-1323,         ....    129-133 

Abstract  of  Appendix  of  Charters,  .  .  .  .  .128 


ILLUSTRATIONS    IN    VOLUME    FIRST 

CHARTERS  LITHOGRAPHED 

1.  King  David  the  First  to  Robert  de  Bruce  of  Estrahanent,  c.  1 1 24,       facing      X 

2.  King  David  the  First  to  Robert  de  Bruce  of  Estrahanent,  in 

Forest,  c.  1125-1129,       .  .  .  .  „         XI 

3.  Robert  Bruce  to  Ivo  and  his  heirs,  of  a  place  for  the  purpose  of 

fishing  and  spreading  nets,  c.  1190,  .  .  .  ,,        til 

4.  William  Bruce,  granting  to  Ivo  of  Kirkpatrick  land  in  the  fee  of 

Penresax,  called  Thorbrec  and  Willambi  and  the  town  of 

Blacwde,  1194-1214,        .....,,        Ill 

5.  William  Bruce  to  Adam  of  Carlyle,  son  of  Robert,  of  the  land  of 

Kynemund,  1194-1214,  .  .  .  .  .  ,,      Illl 


CONTENTS.  HI 

PAGE 

6.  Robert  Bruce  to  Roger  Crispin,  of  the  land  of  Cnoculeran,  with 

two  armorial  seals  on  back,  c.  121 8,        .  .  .      facing  Tit) 

7.  Robert    Bruce  to  Robert  Crossebi,  of  commonty  in  the  Wood  of 

Stableton,  1245,  ......       Xll) 

8.  Robert   Bruce,    Earl   of  Carrick,  and   Lord  of  Annandale,  to 

Alexander    of  Keith,    of    the   lands   of  Langforgrund, 

c.  1 300,  .....      between  XlO  and  X'O 

9.  King  Robert  the  Bruce  to  James,  Lord  of  Douglas,  Knight,  of 

Polbutthy,    in   the   Valley   of  Moffat,    15th    December 

1318,       .  .  .  .  between  JCtll  and  JCtlll 

10.  Robert  the  Bruce,  confirming  a  charter  by  Edward  Bruce,  King 
of  Ireland,  his  brother,  to  John  of  Carleton,  of  the  lands 
of  Dalmakerran,  etc.,  for  yearly  payment  of  three  sufficient 
spears,  etc.  The  charter  must  have  been  granted  between 
13 1 6  and  13 18.  The  confirmation  is  dated  at  Scone,  26th 
July  1323,  .....       between  XX  and  XXX 


PORTRAITS. 

1.  James,  first  Earl  of  Annandale  and  Hartfell,  Viscount  of  Annan, 

Lord  Johnstone  of  Lochwood,  Lochmaben,  Moffatdale, 

and  Evandale,  .....  Frontispiece 

2.  Sophia  Fairholm,  first  Marchioness  of  Annandale,      .  .    facing    cccxxii 

3.  James,  second  Marquis  of  Annandale,  .  .  „        cccxxiii 

4.  George,  third  Marquis  of  Annandale,  .  ,  „        cccxxiv 

5.  John,  second  Earl  of  Hopetoun,  .  .  .  •         „     cccxxviii 

6.  James,  third  Earl  of  Hopetoun,  .  .        between  cccxxviii  and  cccxxix 

7.  Lady  Elizabeth  Carnegie,  his  countess,  .  .  Do. 

8.  Lady  Ann  Hope  Johnstone,  their  eldest  daughter,  Do. 

9.  Admiral  Sir  William  Johnstone  Hope,  G.C.B.,  her  husband,  Do. 


to 


CONTENTS. 


10.  John  James  Hope  Johnstone,  Esq.,  of  Annandale, 

their  eldest  son,         .  .  .         between  cccxxviii  and  cccxxix 

ii.  Alicia  Ann  Gordon,  his  wife,  .  .  .  Do. 

12.  William  James  Hope  Johnstone,  younger  of  Annan- 

dale,  their  eldest  son,  .  .  .  Do. 

13.  The  Hon.   Octavia  Macdonald,  his  wife,  and  their 

eldest  son,    .....  Do. 

14.  John  James  Hope  Johnstone,  Esq.  of  Annandale,  in 

1894,  ....  Introduction,  facing  XXXXbll 

15.  The  Hon.  Mary  Hope  Johnstone,  Mrs.  Percy,  .  .         facing  cccxxix 


CASTLES   AND    MANSIONS. 


1.  Lochmaben  Castle,  1775, 

2.  Johnstone  or  Lochwood  Tower. 

3.  Two  of  the  Great  Oaks, 

4.  Moffat  House, 

5.  Raehills  House, 


facing  cccxxx 

„  cccxxxii 

, ,  cccxxxiii 

,,  cccxxxiv 

„  cccxxxvi 


MISCELLANEOUS. 

Inscription  on  tombstone  of  Sir  James  Johnstone,  killed  by  Lord 
Maxwell,  1608,  ..... 

The  Grey  Mare's  Tail,    ...... 

Armorial  bearings  of  "The  Lord  of  Annanderdale  of  Auld," 
and  "Johnstone  of  that  Ilk," from  Sir  David  Lindsay's 
Book  of  Heraldry,        . 


clxvi 
cxc 


99 


CONTENTS. 


t) 


WOODCUT   SEALS   AND  SIGNATURES. 


Woodcut  Signatures — 

Dame  Margaret  Scott,  Lady  Johnstone,  23rd  June  1598 

Sir  James  Johnstone  of  Johnstone,  knight,  1593, 

Sara  Maxwell,  Lady  Johnstone,  1608, 

James  Johnstone  of  Johnstone,  1631, 

James,  first  Earl  of  Hartfell,  1643,    ■ 

Elizabeth  Johnstoneof  Elphinstone,  second  Countessof  Hartfell,  1643, 

Lady  Margaret  Hamilton,  Dowager  of  David,  Lord  Carnegie,  1648, 

James,  Master  of  Johnstone,  afterwards  first  Earl  of  Annandale  and 

second  Earl  of  Hartfell,  1643,   • 
James,  second  Earl  of  Hartfell,  1657, 
James,  first  Earl  of  Annandale,  1666, 
Henrietta  Douglas,  his  countess,  1662, 
King  William  the  Third,  1689, 
The  King's  initials,  1689, 

William,  Earl,  afterwards  first  Marquis  of  Annandale,  1698,. 
Sophia  Fairholme,  Countess,  afterwards  Marchioness  of  Annandale. 

1685, 

Charlotta,  second  Marchioness  of  Annandale,  1757, . 

David  Hume  the  historian,  1745, 

John  Johnstone  of  Johnstone,  1542-3,  . 

Sir  John  Johnstone  of  Johnstone,  2nd  July  1573, 

,,  ,,  9th  December  1577, 

„  „  2nd  December  1578, 


PAGE 

civ 
clxvi 
clxvi 
ccxi 
ccxi 
ccxi 
ccxi 

ccxlviii 
ccxlviii 
ccxlviii 
ccxlviii 
cclxxxv 
cclxxxv 


cccxxn 

cccxxii 

cccxxxvi 

23 
34 
35 
36 


tU  CONTENTS. 


James  Johnstone  of  that  Ilk,  c.  March  1590, 

John  Maxwell,  Earl  of  Morton,  13th  March  1592-3, 

Sir  James  Johnstone  of  Dunskellie,  knight,  13th  March  1592-3, 

Robert,  Lord  Crichton,  of  "Sanchar,"  18th  November  1599, 

King  James  the  Seventh,  18th  October  1688, 


PAGE 


Elizabeth  Johnstone,  Lady  Applegarth, younger,  24th  December  1587,  52 


55 
59 
59 
68 

96 


Woodcut  Seals — 

Princess  Margaret  Stewart,  Duchess  of  Touraine,  Countess  of  Douglas, 

Lady  of  Galloway  and  Annandale,  ....  XIX 

Archibald,  first  Duke  of  Touraine,  Earl  of  Douglas,  Lord  of  Gal- 
loway and  Annandale,    ......  XIX 

Archibald,  second  Duke  of  Touraine,  Earl  of  Douglas,  etc.,  Lord  of 

Lauder  and  Annandale,               .....  XIX 

James  Johnstone  of  Johnstone,  1 63 1,            ....  ccxi 

James,  first  Earl  of  Annandale,  1666,             ....  ccxlviii 

William,  first  Marquis  of  Annandale,             ....  cccxxii 


TO  THE  FIRST  VOLUME. 


THE  DETAILED  MEMOIRS,  1170-1721.1 

The  present  History  of  the  Johnstones  of  Johnstone  and  Earls  and  Marquises 
of  Annandale  consists  of  two  volumes.  The  first  volume  contains  detailed 
Memoirs  of  the  Johnstones  of  Johnstone  from  John  their  first  known 
ancestor,  in  the  twelfth  century,  to  his  lineal  male  descendant,  William,  the 
first  Marquis  of  Annandale,  who  died  in  the  year  1721.  These  detailed 
Memoirs  embrace  a  period  of  five  centuries  and  a  half,  and  eighteen  genera- 
tions of  the  Johnstone  family. 

In  the  earlier  generations  these  detailed  Memoirs  are  necessarily  very 
brief  owing  to  the  scantiness  of  materials  for  minute  historical  and  bio- 
graphical notices  of  individuals  who  flourished  from  the  twelfth  to  the 
fourteenth  centuries.  In  the  succeeding  generations  the  charters  and  other 
muniments  become  more  abundant.  But  towards  the  end  of  the  sixteenth 
century  the  unfortunate  feuds  which  then  raged  between  the  rival  houses  of 
Maxwell  and  Johnstone  led  to  the  wilful  destruction  by  fire  of  all  the  charter 
muniments  of  the  Johnstones  then  preserved  in  their  ancient  Tower  of  Loch- 
wood.  Such  a  loss  could  never  be  replaced,  and  the  proofs  of  the  existence 
of  the  earliest  known  Johnstones  are  only  to  be  traced  in  the  contemporary 
charters  granted  by  the  Bruces  of  Annandale  to  which  the  Johnstones  were 
frequent  witnesses. 

1  Vol.  i.  pp.  i-cccxxii. 
2 


t)itt  INTRODUCTION. 

Besides  the  origin  and  descent  of  the  Johnstones  of  Johnstone  which 
are  dealt  with  in  the  detailed  Memoirs,  many  questions  which  have  become 
historical  required  to  be  specially  noticed.  The  great  Border  battle 
of  Dryfesands  between  Lord  Maxwell  and  Sir  James  Johnstone  of  John- 
stone and  their  respective  clan  followers,  in  the  year  1592,  resulted  in  the 
death  of  Lord  Maxwell  in  the  prime  of  life.  The  subsequent  assassination 
of  Sir  James  Johnstone  in  1608  by  the  next  and  ninth  Lord  Maxwell,  and 
the  execution  of  Lord  Maxwell,  required  to  be  as  carefully  investigated  from 
the  Johnstone  point  of  view  as  they  had  been  previously  stated  in  the  history 
of  the  Maxwell  family  in  the  Book  of  Carlaverock.1 

In  the  detailed  Memoir  of  Sir  John  Johnstone  of  Johnstone  who  obtained 
the  erection  of  the  barony  of  Johnstone  in  the  year  1542,  it  is  shown  how 
anxious  he  was  for  the  intermarriage  of  his  family  with  that  of  the  Max- 
wells. This  was  a  common  practice  in  prominent  Border  Houses  of  healing 
fieir  feuds.  Even  the  poetic  prediction  of  Sir  Walter  Scott  that  the  war 
between  the  Kers  and  the  Scotts  would  "  never,  never  be  forgot,"  has  been 
happily  falsified  by  the  marriage  alliances  of  the  Scotts  and  the  Kers,  who 
are  now  the  best  of  friends  on  the  Borders. 

A  happy  intermarriage  between  Sara  Maxwell,  daughter  of  Sir  John 
Maxwell  of  Terregles,  Lord  Herries,  and  his  wife  Agnes  Herries,  heiress  of 
Herries,  and  Sir  James  Johnstone  of  Johnstone,  in  the  year  1588,  led  to 
favourable  results  for  both  families.  Her  son  James,  who  became  the  first 
Lord  Johnstone,  was  created  Earl  of  Hartfell  in  1643.  The  grandson  of 
Sara  Maxwell,  also  named  James,  became  first  Earl  of  Annandale  of  the 
family  of  Johnstone.  He  had  a  romantic  career,  in  his  early  marriage  with 
a  daughter  of  the  house  of  Douglas,  and  in  his  resignation  of  all  his  landed 
estates  and  peerages  in  the  time  of  the  commonwealth,  for  the  express 
purpose  of  enabling  his  daughters,  failing  sons,  to  succeed  to  all  his  peerages 
and  landed  estates.  The  earl's  original  peerages  of  Hartfell  were  regranted 
1  Book  of  Carlaverock,  vol.  i.  pp.  300-321. 


THE  MASSACRE  OF  GLENCOE,  1G92.  ft 

to  hiin  by  King  Charles  the  Second  after  the  Restoration  along  with  three 
new  peerages  of  Earl  of  Annandale,  Viscount  Annan,  and  Lord  Lochmaben. 
These  grants  have  formed  the  subject  of  litigation  in  the  House  of  Lords 
for  nearly  a  century,  and  are  still  in  dependence  there.  In  the  detailed 
memoir  of  this  earl,  the  formal  instruments  which  he  executed  in  favour  of 
his  daughters  to  entitle  them  to  inherit  his  peerages  and  landed  estates  are 
stated  in  more  minute  detail  than  they  have  ever  been  previously.  In 
the  second  volume  of  this  work  a  particular  narrative  is  given  of  these 
protracted  litigations  and  the  difficulties  and  variations  of  opinion  which 
an  eminent  Lord  Chancellor  entertained  regarding  the  right  to  these  peerages 
of  the  late  Mr.  Hope  Johnstone  of  Annandale. 

THE  MASSACEE  OF  GLENCOE  AND  THE  DARIEN  DISASTER. 

The  first  Marquis  of  Annandale,  who  was  the  elder  son  of  the  first  Earl 
of  Annandale  just  mentioned,  forms  the  subject  of  the  last  of  the  detailed 
memoirs  in  this  volume.  His  lordship  held  many  important  offices  of  state, 
under  five  successive  sovereigns.  His  connection,  as  president  of  the  Scottish 
parliament  in  the  year  1695,  with  the  inquiry  concerning  the  massacre 
of  Glencoe,  led  to  his  direct  official  concern  in  that  unfortunate  tragedy. 
This  could  not  be  overlooked  in  a  full  statement  of  his  detailed  memoir, 
more  especially  as  several  facts  connected  with  the  instructions  which  were 
issued  by  King  William  the  Third  have  been  misrepresented  to  the  prejudice 
of  the  king. 

Another  public  subject  had  to  be  noticed  in  the  memoir  of  the  marquis. 
This  was  the  unfortunate  scheme  of  Darien,  to  which  the  marquis  was  a 
subscriber,  along  with  so  many  of  bis  countrymen,  and  which,  like  Glencoe,  had 
disastrous  effect  for  the  time  upon  the  government  of  King  William.  Both 
the  subjects  of  Glencoe  and  Darien  have  been  dealt  with  at  great  length  by 
Lord  Macaulay  in  his  History  of  England,  and  also  by  Mr.  Burton  in  his 


X  INTRODUCTION 

History  of  Scotland,  as  well  as  separately  in  the  "Darien  Papers  "  which  he 
printed  for  the  Bannatyne  Club.  William  Paterson  was  the  founder  of  the 
Bank  of  England  and  of  the  less  successful  Darien  scheme.  He  was  a  native 
of  Annandale,  and  courted  the  patronage  of  the  marquis.  Several  of  his 
letters  to  his  lordship  are  printed  in  the  second  volume  of  this  work  for  the 
first  time.  One  of  the  vessels  of  the  Darien  Company  was  named  "  Annan- 
dale,"  and  its  unfortunate  career  is  noticed  in  the  memoir  of  the  marquis. 

The  Tabular  Genealogy,  which  is  printed  immediately  after  the  memoir 
of  the  marquis,1  affords  all  needful  information  of  the  successors  in  the  peer- 
ages and  estates  of  Annandale  from  the  second  and  third  marquises  down 
to  the  present  time.  After  the  detailed  Memoirs,  and  the  Tabular  Genealogy 
and  notices  of  the  Castles  and  Mansions  of  the  Johnstones,2  which  are 
briefly  described,  there  follow  in  this  volume 

THE  CHARTERS  OF  THE  JOHNSTONES. 

The  Charters  and  Muniments  of  the  Johnstones  of  Johnstone  and 
Annandale  necessarily  form  a  large  portion  of  the  present  volume,  which  is 
chiefly  occupied  with  the  muniments  and  the  detailed  memoirs  of  the  family. 
To  the  charters  are  appended  abstracts  or  translations  of  them.3  These  afford 
full  information  of  their  contents. 

THE  ROYAL  CHARTERS  TO  THE  BRUCES. 

Several  of  these  charters  are  so  very  interesting  for  Annandale  history 
that  special  notices  of  them  may  here  appropriately  be  made.  The  two 
foundation  charters  by  the  good  King  David  the  First  to  Robert  the  Bruce, 
and  the  further  confirmation  charter  by  King  William  the  Lion,  have  been 
lithographed  and  printed,  and  translated  in  the  first  part  of  the  National 
Manuscripts  of  Scotland.     As  all  three  charters  are  so  closely  connected 

1  Pp.   cccxxiii-cccxxviii.  2  Pp.  cccxxix-cccxlii.  s  Pp.  1-133  of  this  volume. 


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Xti  INTRODUCTION. 

father  or  he  himself  held  that  land  of  King  David,  the  grandfather  of 
King  William,  or  of  King  Malcolm  his  brother.  That  confirmation  charter 
excepted  the  rights  of  the  king's  royalty,  which  are  enumerated  as  causes 
of  treasure  trove,  murder,  assault  aforethought,  rape,  arson,  robbery,  which 
are  reserved  to  the  king.  King  William  also  granted  to  Bruce  that  these 
causes  should  be  brought  into  court  by  one  of  the  men  of  his  fief  to  be 
chosen  by  the  king,  and  pleaded  before  his  justices.  The  grantee  is  to  take 
the  like  customs  as  are  exacted  at  Roxburgh,  except  the  assize  of  his  barony. 
That  charter  bears  no  date,  but  it  must  have  been  granted  between  1165, 
when  King  William  succeeded  his  brother  King  Malcolm,  and  1191,  when 
Kobert  Bruce  the  son  of  the  grantee  is  proved  to  have  been  dead.  The 
confirmation  of  King  William  now  recited  bears  to  have  been  granted  at 
"  Locmaban."  1 


CHARTERS    BY    THE    BRUCES    OF    ANNANDALE. 
William  de  Bruce,  the  fourth  of  Annandale. 

The  Christian  name  of  Robert  prevailed  so  much  in  the  Bruce  family  as 
to  be  almost  hereditary  in  the  eight  generations  which  existed  between  the 
father  of  the  Robert  Bruce,  first  of  Annandale,  and  his  descendant  Robert 
Bruce  of  Annandale  and  King  of  Scotland.  The  fourth  Lord  of  Annandale 
appears  to  have  been  on  the  same  terms  of  intimacy  with  King  William 
as  had  subsisted  between  King  David  and  the  first  Bruce  of  Annandale. 
William  Bruce  granted  several  charters  of  lands  in  Annandale,  which  are 
printed  in  this  work. 

The  fifth  Bruce  of  Annandale  was  Robert,  who  succeeded  his  father 
William  Bruce.  Robert  married  the  Princess  Isabel,  second  daughter  of 
David,  Earl  of  Huntingdon,  younger  brother  of  King  William  the  Lion. 

1  National  mss.  of  Scotland,  Part  I.  1868,  No.  xxxix. 


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ROBERT  BRUCE,  EARL  OF  CARRICK  AND  LORD  OF  ANNAN  DALE.     JCD 

Carrick.  But  whether  he  was  so  styled  in  virtue  of  the  courtesy  in  his 
wife's  title,  or  under  a  new  creation  in  his  own  right,  does  not  appear.  Of 
that  marriage  were  born  twelve  children,  five  sons  and  seven  daughters.  The 
daughters  and  their  marriages  are  stated  by  Mrs.  dimming  Bruce  in  her  recent 
work,  "  The  Braces  and  the  Cumyns."  A  question  has  often  been  raised 
as  to  the  birthplace  of  King  Bobert  the  Bruce.  Some  writers  contend  for 
Lochmaben  Castle.  But  as  his  father  and  mother  lived  at  the  castle  of  Turn- 
bery  in  Carrick,  where  the  Countess's  numerous  family  of  sons  and  daughters 
appear  to  have  been  born,  the  probability  is  that  the  king  was  also  born  there.1 

A  charter  was  granted  by  the  seventh  Lord  of  Annandale,  also  under 
the  title  of  Bobert  Bruce,  Earl  of  Carrick  and  Lord  of  Annandale,  to  Sir 
William  of  Carlyle,  knight,  of  a  piece  of  land  for  the  increase  of  the  land 
of  Kynemund,  which  is  minutely  described.2 

Another  charter  was  granted  by  "  Bobertus  de  Brays,  comes  de  Carrik, 
et  dominus  Vallis  Anandie,"  to  Alexander  de  Kethe,  of  the  granter's  tenement 
in  Langforgrund.  The  charter  bears  no  date.  The  granter's  seal  is  still 
appended  and  entire.  The  shield  bears  the  Brace  saltire  and  a  chief.  These 
were  the  armorial  bearings  of  the  Braces  before  the  marriage  with  the 
Countess  of  Carrick.  Bruce  took  the  name  and  style  of  Earl  of  Carrick; 
but  he  continued  to  carry  his  own  arms  without  any  addition  or  impaling 
those  of  his  wife.  The  legend  reads  "  S.  Boberti  de  Brvs."  3  This  charter  has 
been  lithographed  for  this  work  and  is  here  introduced.  It  is  printed  at 
length  in  the  Appendix  along  with  a  translation.  The  handwriting  is  a  very 
favourable  specimen  of  a  charter  of  the  thirteenth  century. 

The  eighth  Bruce  of  Annandale  was  the  most  renowned  and  illustrious 
of  them  all,  the  hero  of  Bannockburn,  Bobert  the  First,  King  of  Scotland;  and 
among  the  numerous  charters  granted  by  him  to  his  successful  comrade  in 

1  Mrs.  Cumming  Bruce  unhesitatingly  bears  no  date,  but  it  must  have  been  granted 
states  that  Robert  Bruce  was  born  at  Turn-  after  1271,  the  date  of  the  marriage  of  the 
bery  Castle  on  1 1th  .Tuly  1274,  p.  125.  granter  and  the  Countess  of  Carrick. 

2  Charter  in  this  volume,  p.  7.    The  charter  3  Original  charter  at  Glamis  Castle. 

3 


aft  f»£^afB!£%.9fi«ttl)v£M  St  jLfe/U 


ARMS  OF  THE  DOUGLASES  AS  LORDS  OF  ANNANDALE. 


rue 


During  the  possession  of  Aimandale  by  the  Douglases  they  quartered  the 
Bruce  arms  of  Annandale  with  their  own.  Three  of  the  armorial  seals  of 
the  Douglases  as  Dukes  of  Touraine  are  here  introduced  to  show  the  form  in 
which  the  Annandale  sal  tire  and  chief  were  quartered. 


2. — Seal  of  Archibald,  first  Duke  of  Touraine, 
Earl  of  Douglas,  Lord  of  Galloway  and 
Annandale. 


3. — Seal  of  Archibald,  second  Duke  of 
Touraine,  Earl  of  Douglas,  etc.,  Lord 
of  Lauder  and  Annandale. 


1. — Seal  of  Princess  Margaret  Stewart,  Duchess 
of  Touraine,  Countess  of  Douglas,  Lady  of 
Galloway  and  Annandale. 


XX  INTRODUCTION. 

Edward  Bruce,  Earl  of  Caruick  and  King  of  Ireland. 

On  liis  succession  to  the  crown  of  Scotland,  King  Eobert  the  Bruce 
showed  great  generosity  in  providing  large  territories  to  his  relatives  and 
friends  who  had  assisted  him  in  his  long-sustained  struggles  for  the  crown. 
"We  have  seen  that  he  provided  to  his  nephew  Randolph  the  lordships  of 
Annandale  and  Man,  and  also  the  great  earldom  of  Moray.  The  king  also 
provided  the  ancient  earldom  of  Carrick  to  his  brother  Edward  Bruce,  who 
thereafter  became  Earl  of  Carrick.  Being  of  the  warlike  spirit  of  his  race, 
the  Irish  of  Ulster,  when  in  their  troubles,  invited  him  to  come  to  their  aid 
and  assistance,  and  also  acknowledged  him  as  their  sovereign.  He  landed  at 
Carrick- Feigns  on  25th  May  1315,  and  was  solemnly  crowned  King  of 
Ireland  2d  May  1316.  But  he  did  not  enjoy  the  kingdom  long,  having 
fallen  at  the  battle  of  Dundalk  on  5th  October  1318.  During  the  two  years 
in  which  Edward  Bruce  was  King  of  Ireland,  he  granted,  under  the  style  and 
title  of  "  Edwardus  Dei  gratia  Rex  Hibernie,"  to  John  of  Carlton,  the  land  of 
Dalmakeran  and  others.  Those  formed  part  of  the  earldom  of  Carrick.  The 
reddendo  was  "yearly  three  sufficient  spears  on  Christmas  day  at  the  head 
manor  of  Turnbery,  and  three  suits  yearly  at  the  granter's  court  at  Girvan. 
That  charter  was  confirmed  by  King  Robert  the  Bruce  at  Scone  on  6th  July, 
eighteenth  year  of  his  reign  (1324).  The  original  confirmation  charter  is  in 
the  charter-uhest  of  Sir  Reginald  Cathcart  of  Carlton,  Baronet,  by  whose 
permission  a  facsimile  is  here  introduced.  The  original  is  printed  in  the 
Appendix  to  this  volume,  along  with  a  translation. 

Edward  Bruce,  Earl  of  Carrick  and  King  of  Ireland,  left  no  legitimate 
issue.  But  his  three  sons,  Robert,  Alexander,  and  Thomas,  were  successively 
styled  Earls  of  Carrick.  Thomas  died  without  issue,  when  the  earldom  of 
Carrick  reverted  to  the  crown. 

Alexander  Stewart,  Earl  of  March  and  Lord  of  Annandale,  second  son  of 
King  James  the  Second,  was  made  Warden  of  the  March  by  an  act  of  parlia- 


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^/piis-Ste  jujQiS  ^ftenzS^  ^8-mfttiSto  ft-  f)&4£>tzat*>  thljferSqec&r 


DUKE  OF  ARGYLL  ON  BREVITY  OF  EARLY  CHARTERS.      XXI 

nient  passed  on  4th  August  1455.1  He  was  afterwards  created  Duke  of 
Albany.  But  having  subsequently  declared  war  against  his  brother  King 
James  the  Third,  and  assumed  the  royal  style  of  "  Alexander,  King  of  Scot- 
land," his  peerages  and  landed  estates  were,  by  act  of  parliament  passed  on 
1st  October  1487,  annexed  to  the  crown.'2 

The  Duke  of  Argyll  on  the  brevity  of  early  Charters. 

In  his  interesting  and  valuable  work,  "  Scotland  as  it  Was  and  as  it  Is," 
the  Duke  of  Argyll  enters  on  the  question  of  "  The  Age  of  Charters  "  in  the 
second  chapter.  In  his  researches  his  Grace  was  struck,  as  most  charter 
scholars  have  been,  by  the  brevity  of  the  early  charters  in  comparison  with  the 
verbosity  of  later  writs.  "  Bits  of  parchment,"  the  duke  says,  "  one  inch  in 
breadth,  and  a  very  few  inches  in  length,  were  enough  to  convey  great  earldoms 
and  baronies  in  the  days  of  David  I.  Eleven  lines  on  a  small  parchment  con- 
ferred the  whole  of  Annaudale  upon  an  ancestor  of  King  Bubert  the  Bruce."3 
The  brevity  of  early  charters,  however,  is  not  without  exception.  Thus,  the 
second  charter,  printed  in  this  work,  by  William  Bruce,  fourth  of  Annaudale, 
to  Adam  of  Carlyle,  son  of  Bobert,  of  the  lands  of  Kinmont,  contains  thirty- 
seven  lines  of  print,  and  gives  a  minute  and  extensive  description  of  the 
marches  of  the  lands.  This  charter  is  dated  between  1194  and  1214.  Several 
of  the  other  early  charters  here  printed  also  contain  minute  descriptions  of 
the  boundaries  of  the  lands  conveyed. 

His  Grace  of  Argyll  is  himself  possessed  of  one  of  the  largest  parchment 
charters  in  Scotland.  It  was  granted  by  King  Charles  the  Second  to  Archi- 
bald, ninth  Earl  of  Argyll,  and  is  dated  15th  October  1667.  It  contains  the 
whole  earldom  of  Argyll.    So  minute  is  the  description  of  the  extensive  High- 

1  Acta   of  the   Parliaments   of    Scotland,  splinter  of  a  lance  at  a  tournament,  and  he 
vol.  ii.  p.  43.  was  interred  in  the  Celestins  in  Paris. 

2  Und.  pp.  179,  180.    Previous  to  the  pass- 
ing of  that  act,  the   Duke  of   Albany  was  3  "  Scotland  as  it  Was  and  as  it  Is,"  vol.  i. 
accidentally  killed  at  Paris  in   14S5   by  the  pp.  52,  53. 


XXii  INTRODUCTION. 

land  earldom  that  the  parchment  on  which  the  charter  is  engrossed  measures 
in  length  five  feet  one  inch,  and  in  breadth  four  feet  three  inches,  giving  a 
surface  of  nearly  twenty-two  square  feet.  The  charter  contains  two  hundred 
and  thirty-seven  lines,  and  every  line,  taking  an  average,  contains  one  hundred 
and  three  words,  which  gives  a  total  of  words  in  the  charter  of  twenty-four 
thousand  four  hundred  and  eleven  words. 

UPPER  ANNANDALE. 

The  district  of  Upper  Annandale  forms  an  important  and  interesting  part 
of  Dumfriesshire.  The  hills  and  dales,  which  are  characteristic  features, 
give  to  this  portion  of  the  dale  a  diversified  beauty,  and  even  grandeur,  which 
have  not  failed  to  attract  the  attention  and  to  engage  the  pen  both  of  the  poet 
and  of  the  romancer.  The  district  includes  the  three  dales  of  Annan,  Moffat, 
and  Evan,  so  named  after  the  three  waters  whose  channels  they  respectively 
follow.  Annandale  traverses  the  central  portion  of  Dumfriesshire  from 
north  to  south,  while  Moffatdale  flanks  it  on  the  east,  and  Evandale  on  the 
west,  the  three  dales  in  their  course  being  almost  parallel  to  each  other. 

The  lands  of  Moffatdale  and  Evandale  were  long  a  Hemes  and  Maxwell 
possession.  King  James  the  Second  granted  to  David  Heris  of  Trareglis  and 
Margaret  Creichtoune,  daughter  of  Eobert  Creichtoune  of  Sanquhar,  knight, 
forty  merklands  in  Avandale  and  four  merklands  in  Hutton,  which  John 
Heris,  father  of  the  grantee,  resigned  in  the  hands  of  the  king  as  tutor 
and  governor  to  his  son  Alexander,  Duke  of  Albany,  Earl  of  March,  and 
Lord  of  Annandale.1  It  appears  from  this  charter  that  John  Herries  was  the 
first  possessor  of  Evandale  of  the  family  of  Herries.  The  king,  in  appointing 
Herbert  Herries  as  curator  to  John  Herries,  excepted  from  his  charge  a  forty 
pound  land  to  be  given  to  David  the  son.2  In  1464  he  witnesses  a  charter 
as  Sir  David  Heris  of  Avandale.3 

1  Dated  20th  July  1459,  Register  of  the  Great  Seal,  vol.  ii.  No.  734. 

2  24th  January  1458-9,  ibid.  No.  668.  3  21st  October,  ibid.  No.  S16. 


MOFFATDALE  AND  EVANDALE.  XXlll 

At  a  later  date  Moffatdale  came  into  the  possession  of  the  Herries  family. 
King  James  the  Third  granted  a  charter  to  Henry,  son  of  James  of  Douglas, 
lord  of  Dalkeith,  and  to  Margaret  Douglas,  his  spouse,  of  the  lands  of 
Moffatdale  and  others.1  By  the  year  1486  they  had  come  into  the  pos- 
session of  the  Herries  family ;  for  the  same  king  in  that  year  granted  a 
charter  to  Herbert  Herries,  son  and  apparent  heir  of  David  Herries  of 
Terreglis,  of  the  lands  of  Moffatdale,  Avindale,  and  others.2 

In  the  time  of  William,  third  Lord  Herries,  the  lands  of  Moffatdale  and 
Evandale,  -which  had  previously  been  included  in  the  Barony  of  Herries, 
were  erected  into  a  barony  called  the  Barony  of  Moffatdale  and  Evandale. 
This  must  have  taken  place  in  or  prior  to  1550,  at  which  date  the  barony  of 
Moffatdale  and  Evandale  is  mentioned  in  a  precept  from  the  chancery  of 
Queen  Mary,  and  it  gives  an  importance  to  the  lands  at  this  early  period.3 

By  the  marriage,  in  1547,  of  the  Herries  co-heiress,  Agnes,  eldest 
daughter  of  William,  third  Lord  Herries,  to  Sir  John  Maxwell,  second  son 
of  Eobert,  fifth  Lord  Maxwell,  the  Herries  estates,  including  the  lands  of 
Moffatdale  and  Evandale,  passed  into  the  possession  of  Sir  John  Maxwell, 
who  in  1566  was  created  Lord  Herries.4  The  lands  of  Moffatdale  and  Evan- 
dale continued  after  this  to  form  a  part  of  the  Herries  and  Maxwell  estates 
for  upwards  of  sixty  years,  when  the  tenure  of  them  by  the  Herries  family 
ceased,  and  they  were  added  to  the  Johnstone  estates. 

In  the  year  1629  the  lands  and  barony  of  Moffatdale  and  Evandale  were" 
purchased  by  James  Johnstone,  afterwards  first  Earl  of  Hartfell,  from  John 
Maxwell,  Lord  Herries,  and  his  son  John,  Master  of  Herries,  for  27,000 
merks.     The  sale  is  described  in  the  Memoir  of  the  earl.5 

1  Crown    Charter,   dated   3rd    September       ments,  p.  159,  No.  86.] 

1473.     [Register  of  the  Great  Seal,  vol.  ii.  4  He  received  a  third  part  of  the  extensive 

No.  1138.]  Herries  estates  by  his  wife,  and  he  acquired 

2  1st  June  14S6,  ibid.  No.  1654.  the  remaining  two-thirds  from  the  other  co- 

3  13th   February   1550.      [Inventories    of  heiresses,  the  two  younger  sisters  of  Agnes, 
the  Maxwell,   Herries,  and  Nithsdale  Muni-  6  P.  clxxv.  of  this  volume, 


JCtlt)  INTRODUCTION. 

The  remaining  dale  is  that  of  Annan.  This  territory  continued,  as 
already  stated,  in  possession  of  the  families  of  Bruce,  Eandolph,  March  and 
Douglas,  till  the  year  1440,  when  it  lapsed  to  the  crown.  Thereafter  the 
lordship  of  Annandale  was  administered  by  officers  of  the  crown,  until  it 
was  bestowed,  along  with  the  earldom  of  March,  upon  Alexander,  second  son 
of  King  James  the  Second,  and  afterwards  Duke  of  Albany,  on  or  before 
4th  August  1455,  when  the  gift  to  him  of  the  lordship  of  Annandale  is 
mentioned.1  Upon  the  subsequent  forfeiture  of  the  Duke  of  Albany,  the 
lordship  of  Annandale  and  the  castle  of  Lochmaben  were  annexed  to  the 
crown,  by  act  of  parliament,  and  again  administered  by  royal  officials.2 

The  office  of  steward  of  Annandale  was  held  under  the  crown  by  the 
family  of  Maxwell,  in  the  same  manner  as  they  had  previously  held  it  under 
the  Douglases.3  They  continued  to  hold  it  till  it  was  forfeited  with  the 
estates  by  the  attainder  of  John,  ninth  Lord  Maxwell,  in  the  year  1608. 
After  being  some  years  in  the  hands  of  the  crown,  King  James  the  Sixth 
conferred  the  heritable  office  of  steward  of  Annandale  upon  John  Murray  of 
Lochmaben,  afterwards  raised  to  the  peerage  by  the  style  of  Earl  of  Annan- 
dale.4 On  the  failure  of  his  heirs  the  office  of  heritable  steward  of  Annandale, 
along  with  the  title  of  Earl,  was  conferred  by  King  Charles  the  Second  on 
James  Johnstone,  Earl  of  Annandale  and  Hartfell.5  The  courts  of  the 
stewartry  were  held  at  Lochmaben.  For  the  same  period  the  Johnstone 
chiefs  were  lords  of  the  regality  of  Moffat,  holding  their  regality  courts  at 
Moffat.6  On  the  passing  of  the  act  of  parliament  for  the  abolition  of  heri- 
table jurisdictions  in  the  year  1747,  George,  third  Marquis  of  Annandale, 
was  allowed  £2200  for  the  stewartry  of  Annandale,  and  for  the  regality  of 
Moffat  £800,  in  all  £3000  sterling  in  full  of  his  claim  for  £11,000. 

1  Acts   of    the   Parliaments   of    Scotland,       of  Scotland,  vol.  iv.  pp.  664,  665. 

vol.  ii.  p.  43.  5  23rd   April    1662,    Annandale    Peerage, 

2  1st  October  1487.     Ibid.  p.  179.  Minutes  of  Evidence,  1844,  pp.  1166,  1167. 

3  Exchequer  Polls,  vol.  xi.  pp.  340*,  341*.  G  Annandale  Peerage,  Minutes  of  Evidence, 

4  4th  March  1617,  Acts  of  the  Parliaments  1876,  p.  103. 


VISITORS  AT  MOFFAT  WELLS.  JTJCti 

Situated  within  the  regality  just  mentioned  is  Moffat  Spa,  described  in 
the  Memoir  of  James,  Earl  of  Annandale  and  Hartfell.  The  medicinal  well 
at  the  spa  has  maintained  its  celebrity  since  its  discovery,  variously  said  to 
be  in  1633  and  1653.  Attracting  visitors  to  its  waters  for  so  long  a  period, 
it  has  become  the  scene  of  many  interesting  associations.  An  order  was 
issued,  signed  by  General  Monck  and  otber  three  of  Cromwell's  council  in 
Scotland,  for  a  grant  of  £25  sterling  from  the  vacant  stipends  of  the  parishes 
of  Moffat  and  Kirkpatrick-juxta  to  improve  the  well  and  enclose  it  with 
a  wall.1  The  healing  virtues  of  the  well  at  the  time  are  shown  in  the  case 
of  Lady  Mary  Scott,  the  youthful  Countess  of  Buccleucb.  She  visited  the 
well  in  search  of  health  under  the  advice  of  no  less  than  ten  physicians  and 
surgeons,  met  in  consultation  about  her  case. 2 

Several  of  the  annual  visitors  to  the  spa  about  a  century  later  are  also 
named  in  this  volume.3  One  of  these,  Thomas  Graham  of  Balgowan,  after- 
wards Lord  Lynedoch,  was  a  Johnstone  by  descent  on  his  mother's  side, 
being  the  grandson  of  Lady  Henrietta  Johnstone,  countess  of  the  first  Earl 
of  Hopetoun.4  James  Macpherson,  of  Ossian  fame,  while  acting  as  tutor  to 
Graham  at  Moffat  House,  commenced  his  translations  there  which  brought 
him  celebrity.  John  Home,  the  author  of  "  Douglas,"  and  David  Hume  were 
also  visitors  at  the  spa. 

About  four  miles  from  Moffat,  on  the  old  Edinburgh  road,  in  the  parish 

1  P.  coxxii  of  this  volume.  doch  in  1785.     After  the  death  of  his  wife 

2  p  ccxx;  ibid  he    entered    the    military    profession.      He 

raised  the  90th  Regiment,  and  took  a  leading 

3  Pp.  cccxxxv,  eccxxxvi,  ibid.  part  in  most  o£  the  Penjnsuiar  War.     He 

4  Thomas  Graham  succeeded  to  the  estate  defeated  the  French  at  Barossa  in  1811.  He 
of  Balgowan  on  the  death  of  his  father  in  was  the  bearer  of  the  insignia  of  the  Order 
1707.  James,  third  Earl  of  Hopetoun,  and  of  the  Garter  to  Wellington  in  1813.  He 
his  cousin  Thomas  Graham  were  extremely  was  made  a  peer  under  the  title  of  Lord 
like  each  other  in  personal  appearance.  Lynedoch,  with  a  pension  of  £2000,  at  the 
Graham  married  the  Hon.  Mary  Cathcart,  close  of  the  war  in  1S14.  He  died  in  De- 
whose  portrait  by  Gainsborough  is  so  much  cember  1843,  without  issue,  when  his  peer- 
admired.      He  acquired  the  estate  of  Lyne-  age  became  extinct. 


XfOi  INTRODUCTION. 

of  Moffat  and  dale  of  Annan,  is  Ericstane,  the  property  of  Mr.  Hope  John- 
stone, frequently  called  Brae  foot,  from  being  at  the  foot  of  the  brae  or  hill  of 
Ericstane.  The  lands  of  the  farm  of  Ericstane  extend  from  the  farmhouse,  a 
distance  of  about  two  miles,  to  the  popularly  called  "  Deil's  Beef  Tub."  The 
old  Edinburgh  road  crosses  the  Annan  opposite  the  farmhouse,  and  then 
ascends  the  brae  or  hill.  The  new  Edinburgh  road,  formed  in  continuation 
of  the  old  one,  passes  close  to  the  brink  of  the  precipice  of  the  Tub  at  the 
highest  part  of  Ericstane.  The  bottom  of  the  Tub  can  be  seen  from  the  road. 
Meikleholmside  farmhouse,  which  also,  with  the  farm,  belongs  to  Mr.  Hope 
Johnstone,  bounds  the  farm  of  Ericstane  on  the  south.  The  height  of  the 
Tub  from  the  bottom  to  the  south  side  of  the  old  Edinburgh  road  is  about 
one  hundred  and  fifty  yards.  On  the  northern  side  the  Tub  is  both  higher 
and  steeper,  and  one  hundred  and  seventy  yards  is  about  the  average  height 
all  round. 

The  Tub  is  described  in  Bedgauntlet  by  Sir  Walter  Scott,  who  says,  "  It 
looks  as  if  four  hills  were  laying  their  heads  together  to  shut  out  daylight 
from  the  dark  hollow  space  between  them." 1  It  was  formerly  used  by  the 
Johnstones  for  penning  sheep.  In  this  connection  it  received  the  name 
applied  to  it  by  Sir  Walter  Scott  and  others  of  "  The  Marquis's  Beef  stand," 
or  "  The  Beef  stand  of  the  Johnstones."  The  Tub  is  open  only  on  the  south- 
east side  for  access  for  cattle  for  about  a  third  of  its  whole  circumference. 

1  Tales  and   Romances   of   the   Author  of  bottom  without  being  killed.    But  this  would 

Waverley,  1833,  vol.  iii.  p.  201.     Sir  Walter  be  impossible  on  the  rocky  portions.     It  may 

narrates    the    incident    of    Mr.    Maxwell    of  be   mentioned   here   in   connection   with  the 

Summertrees  escaping  from  an  armed  escort  Dairsie   Latimer    who   figures    so   largely   in 

in  1745,  when  on  his  way  to  Carlisle  for  trial  Redgauntlet,  that  in  the  Inventory  of  Annan- 

as  one  of  the  Jacobites,  by  flinging  his  plaid  dale   writs   there  is    mention   of    "  a   laird 

around  him  and  throwing  himself  on  his  side  Latimer  "   who   held   property   near   Eccle- 

and  rolling  downwards  to  the  bottom  of  the  fechan.      Mr.   Maxwell  of  Summertrees  is  a 

Tub,  and  so  getting  clear  away.    With  refer-  mere  myth  created  by  Sir  Walter  in  place  of 

ence  to  this  story,  it  may  be  pointed  out  the  real  person  of  the  name  of  MaeEwen  or 

that  certain  parts  of  the  Tub,  particularly  on  MacMillan,   whom    Sir  Walter   once   saw  in 

the  south,  are  covered  with  long  grass,  and  it  his   youth.      [Redgauntlet,    Border   edition, 

is  possible  that  a  person  might  roll  to  the  vol.  ii.  p.  343.] 


CORRIFIN  AND  THE  GREY  MARE'S  TAIL.  XXftU 

At  the  top  of  Ericsfcane  hill,  at  the  northern  point  of  the  head  of  the  Tub, 
the  Annan  takes  its  rise  out  of  open  ditch  water.  About  a  mile  north-east 
of  the  Annan  is  the  source  of  the  Tweed  in  springs  or  open  ditch  water.  The 
Tweed  falls  in  the  opposite  side  of  the  hill  from  the  Annan.  The  rivers 
Clyde  and  Evan  rise  respectively  about  a  mile  west  of  the  Annan  in 
Lanarkshire,  the  former  flowing  from  its  source  northwards  and  the  latter 
southwards. 

The  old  mansion-house  of  Corehead,  now  belonging  to  Mr.  Younger,  stands 
on  the  east  side  of  the  Tub  and  at  the  foot  of  that  part  of  it  known  as  Core- 
head  hill.  The  adjacent  property  to  the  east  is  Newton,  which  includes  part 
of  Hartfell  Hill,  lately  acquired  by  Mr.  Younger  from  the  Duke  of  Buccleuch. 
Next  to  Newton,  still  to  the  east,  is  the  great  Hartfell  Hill  which  as  a  part 
of  Cappelgill  in  Moffatdale  belongs  to  Mr.  Hope  Johnstone.  The  mountain 
known  as  Saddle  Yoke  also  forms  part  of  Cappelgill.  The  south  and  east 
portions  of  Hartfell,  belonging  to  Mr.  Hope  Johnstone,  form  the  furthest 
points  north  and  west  of  Cappelgill.  Corrifin  is  to  the  north  of  Cappelgill, 
and  is  the  furthest  north  property  on  the  Annandale  estates.  Corrifin  is  the 
proper  spelling  of  the  place,  as  shown  by  the  ancient  writs,  and  not  Cor- 
rifferan,  as  in  the  Ordnance  Survey  and  in  modern  use.  It  is  bounded  by 
Peeblesshire.      Polmoodie  lies  to  the  north-east  of  Corrifin, 

"  Where  wild  Polmoody's  mountains  tower, 
Full  many  a  wight  their  vigils  keep  ;  " 2 

and  Loch  Skene  and  the  Grey  Mare's  Tail  are  both  on  that  part  of  Polmoodie 
called  Birkhill, 

"  Where,  deep  deep  down,  and  far  within, 

Toils  with  the  rocks  the  roaring  linn ; 

Then,  issuing  forth,  one  foamy  wave, 

And  wheeling  round  the  Giant's  Grave, 

White  as  the  snowy  charger's  tail 

Drives  down  the  pass  of  Moffatdale."  2 

2  Scott's  "  Marniion, "  Canto  Second,  Introduction. 


JCjCtJUi  INTRODUCTION. 

Birkhill  farm,  next  Polmoodie,  is  the  furthest  property  on  the  Annandale 
estates  to  the  north-east  in  the  county  of  Dumfries.  The  White  Coomb  hill 
is,  for  the  greater  part  of  it,  a  portion  of  Polmoodie.1 

Meikle  Corrifin  belonged  to  a  family  named  Moffat.  John  Moffat  left 
three  daughters  co-heiresses  of  his  estate.  John  Johnstone  of  Johnstone 
bought  her  third  from  Janet  Moffat  in  1543.  The  rest  of  Corrifin,  after 
passing  through  the  hands  of  Johnstone  of  Eaecleuch,  Philip  Scott  of  Dry- 
hope  and  others,  was  bought  by  James  Johnstone  of  Johnstone  from  Dr. 
Theodore  Hay  for  the  sum  of  4500  merks.2 

Little  Corrifane,  or  as  it  was  sometimes  called  Corriffholm,  was  sold 
under  reversion  by  John,  Lord  Hemes,  to  James  Johnstone,  for  a  feu-farm  of 
£3  Scots  yearly,  "at  two  terms,  together  with  the  said  James  Johnstone 
his  personal  service  against  all  mortals  except  the  king  and  the  laird  of 
Johnstone  his  chief  allenarly,  and  specially  serving  the  said  lord  once  in  the 
year  to  the  burgh  of  Edinburgh  upon  horseback,  upon  his  own  expences,  if 
required." 3 

The  district  of  Upper  Annandale  has  many  interesting  associations.  In 
the  wild  and  rocky  recesses  of  the  mountains  of  Moffatdale,  just  described, 
many  of  the  covenanters  found  a  secure  hiding  place  in  the  times  of  persecution 
under  Charles  the  Second  and  James  the  Seventh,  while  many  others  falling 
into  the  hands  of  Claverhouse  and  his  dragoons  were  mercilessly  shot  and 
buried  where  they  fell.  Moffatdale  abounds  with  incidents  of  the  twenty- 
eight  years'  persecution.     Both  SiraWalter  Scott  and  James  Hogg,  the  Ettrick 

1  In  Sir  Walter  Scott's  "Abbot,"  vol.  i.  p.  is  entered  as  of  the  yearly  value  of  £925 

256,  reference  is  made  to  the  Scaurs  of  Pol-  sterling ;  and  Capelgill  and  Corrifferan  of  the 

moodie  for  falcon's  nests.  *  Dob's  Linn  on  the  value  of  £1350  sterling  yearly, 

wild  heights  of  Polmoodie  is  described  by  2  19th  and  29th  December   162S.      [An- 

both   Scott    and    Hogg   [Waverley   Novels,  nandale  Inventory.] 

vol.   xi.  p.   114].      To  show  the  size  of  the  3  4th  September  1620.      The  lands  were 

farms  under  review,  it  may  be  noticed  that  redeemed  by  James,    Lord  Johnstone,  23rd 

in  the  valuation  roll  of  the  shire  of  Dumfries  April   and    12th    May    1635.       [Annaudale 

for  the  year  1871-2,  the  farm  of  Polmoodie  Inventory.] 


THE  TWO  CARRUTHERS  HEIRESSES  OF  MOUSWALD.  XXIX 

Shepherd,  have  made  the  places  in  Moffatdale  and  Annandale,  and  the  stirring 
incidents  of  these  times  connected  with  them,  occupy  a  large  space  in  their 
romances  and  poetry.  Eeferring  to  Claverhouse  and  his  famous  charger, 
Sir  Walter  mentions  the  tradition  that  the  horse  was  so  fleet  and  its  rider  so 
expert  that  they  outstripped  and  cotecl  or  turned  a  hare  upon  the  Bran  Law 
near  the  head  of  Moffat  water,  "  where,"  he  says,  "  no  merely  earthly  horse 
could  keep  its  feet  or  merely  mortal  rider  could  keep  the  saddle." 1  In  his 
Brownie  of  Bodsbeck,  Hogg,  for  the  benefit  of  the  credulous,  alleges  that  the 
mark  of  the  feet  of  the  courser  of  Claverhouse  is  still  shown  on  a  steep 
nearly  perpendicular,  below  the  Bubbly  Craig,  along  which  its  rider  is  said 
to  have  ridden  at  full  speed  to  keep  sight  of  a  party  of  the  flying  covenanters.2 
Craigieburn  in  Moffatdale  is  celebrated  in  Hogg's  Mountain  Bard  in  "  Mess 
John,"  in  which  figures  "  The  Bonny  Lass  of  Craigyburn."  And  the  Evan 
Water  is  the  subject  of  Wordsworth's  sonnet  entitled  "  Avon  Water." 

The  two  Caeeuthebs  heiresses  of  Mouswald  and  Logan  tenement   oe 
pocobnal,  etc.,  in  annandale. 

Recent  visits  to  Annandale  have  reminded  the  writer  of  these  pages  of  a 
former  visit  which  he  made  there  nearly  half  a  century  ago.  That  visit  had 
special  reference  to  a  legal  question  then  depending  in  the  Court  of  Session, 
between  his  Grace,  the  late  Duke  of  Buccleuch  and  Queeusberry,  K.Gr.,  as 
proprietor  of  the  lands  of  Pocornal  or  Logan  tenement,  including  Woodfoot, 
and  the  late  Mr.  Hope  Johnstone  of  Annandale,  as  patron  of  the  parisli 
of  Moffat.  The  question  arose  in  the  locality  of  the  stipend  of  the  minister 
of  that  parish.  The  writer  had  then  the  honour  to  be  one  of  the  law 
agents  of  his  Grace,  and  in  that  capacity  it  was  his  duty  to  investigate  the 
question  at  issue,  which  had  reference  to  the  valuation  of  the  teinds  of  his 

1  Redgauntlet,  Waverley  Novels,  Ed.  1830,  vol.  x.  p.  141. 

2  Hogg's  Brownie  of  Bodsbeck,  chapter  ix. 


XXX  INTRODUCTION. 

Grace's  lands.  The  result  of  these  investigations  was  stated  by  him  in  the 
legal  process  in  a  paper  entitled  "  Eevised  objections  for  his  Grace  to  the 
scheme  printed  in  the  locality  of  Moffat  in  1852."  That  legal  document 
disclosed  a  very  interesting  chapter  in  the  history  of  two  heiresses  of 
Carruthers  or  Mouswald,  a  barony  in  Annandale,  ending  in  the  tragic  death 
of  the  younger  of  them  on  25th  September  [1564]. 

Simon  Carruthers  of  Mouswald  at  his  death,  circa  1548,  left  no  son,  but 
two  daughters,  Janet  and  Marion,  who  were  judicially  acknowledged  co- 
heiresses of  Mouswald.  Immediately  on  the  death  of  their  father,  or  on  13th 
August  1548,  Queen  Mary  granted  to  Sir  James  Douglas  of  Drumlanrig  the 
ward  and  marriage  of  these  youthful  co-heiresses.  Their  mother  was  a 
sister  of  Charles  Murray  of  Cockpool,  who  was  an  influential  proprietor  in 
Annandale.  He  appears  to  have  been  jealous  of  the  gift  of  the  ward  and 
marriage  of  his  two  nieces  having  been  bestowed  by  Queen  Mary  on  his 
neighbour,  Sir  James  Douglas.  The  laird  of  Cockpool  set  himself  to  thwart 
the  benefit  of  the  gift  to  Douglas,  at  least  in  reference  to  the  younger  of  the 
co-heiresses,  and  she  ended  her  life  by  committing  suicide  while  residing 
with  him  at  his  castle  of  Cumlongan. 

When  Sir  James  Douglas  received  the  gift  of  the  ward  and  marriage  of 
the  two  daughters  of  Simon  Carruthers  they  were  barred  from  succeeding 
to  their  paternal  landed  inheritance  by  an  entail.  Acting  in  their  interests, 
Sir  James,  at  his  own  expense,  procured  the  reduction  of  the  entail.  He 
also  made  payment  of  £2000  to  John  Carruthers,  who  claimed  to  be  heir  of 
entail  to  Simon  Carruthers.  By  these  means  he  secured  them  in  their  suc- 
cession to  their  father's  estates.  The  gift  of  their  ward  and  marriage  had 
cost  him  £1000,  and  he  had  for  about  twelve  years  sustained  them  in  food, 
clothing,  and  other  necessaries.  The  estate  of  Mouswald,  to  which  they  were 
now  the  heiresses,  had  not  been  a  very  profitable  one  to  Simon  Carruthers, 
their  father.  It  was  situated  in  "  sa  troublus  "  and  "  sa  brokin  ane  cuntre," 
that  "  the  maist  part  was  ewthir  reft  and  withhaldin  fra  him  or  laid  waist." 


MARION  CARRUTHERS,  HEIRESS  OF  MOTJSWALD.  XXXI 

In  these  circumstances,  holding  as  he  did  that  his  wards  "  culd  neuir  haue 
broukit "  their  "  awin  leving  peciabillie,"  Sir  James  Douglas,  following  out 
his  legal  rights  under  the  royal  gift  by  Queen  Mary,  entered  into  a  contract 
with  Janet  Carruthers,  the  elder  of  the  co-heiresses.  As  arranged  by  that 
contract,  Janet  married  Thomas  Eoresoun  of  Bardannoch.  Sir  James  Douglas 
engaged  to  obtain  infeftment  of  conjunct  fee  to  Thomas  and  her,  and  the 
survivor  of  them  and  their  heirs,  in  the  £5  land  of  Drumragane,  in  the 
parish  of  Glencairn.1  Thomas  Eoreson  received  with  Janet  Carruthers 
the  sum  of  one  thousand  merks  in  name  of  tocher  by  Sir  James 
Douglas,  who  also  provided  the  heiress  and  her  husband  and  their 
servants  in  sustenance  for  the  space  of  two  years.  In  return  for  these 
advantages  conferred  on  her  by  Sir  James  Douglas,  Janet  disponed  to 
him  her  half  of  the  lands  and  barony  of  Mouswald.  The  charter  granting 
these  lands  to  Sir  James  Douglas  was  confirmed  by  Queen  Mary  on  8th 
January  1562. 

After  thus  providing  for  the  marriage  and  settlement  in  life  of  Janet,  the 
elder  co-heiress,  Sir  James  Douglas  next  proposed  a  similar  arrangement  for 
Marion,  the  younger  sister.  But  she  did  not  follow  the  example  of  her 
sister,  and  refused  the  husband  who  was  proposed  to  her.  She  also  announced 
her  intention  to  marry  whomsoever  she  pleased,  and  to  dispose  of  her  right 
in  Mouswald  as  she  saw  fit.  Lest  she  should  carry  out  her  intentions,  Sir 
James  Douglas,  on  29th  January  1562,  raised  letters  of  inhibition  to  protect 
his  legal  rights  under  the  gift  of  her  ward  and  marriage.  On  the  day  follow- 
ing the  date  of  the  inhibition,  and  armed  with  it,  Sir  James  Douglas  visited 
his  ward  and  offered  her  as  a  husband  John  M'Math,  son  and  heir- 
apparent  to  John  M'Math  of  Dalpedder,  and  required  that  her  mar- 
riage to  him  should  be  celebrated  at  the  time  and  place  specified  by 
him.      But    Marion    Carruthers    again     refused    his     offer    in    the    same 

1  Thomas  Rorieson  was  on  10th  July  1563       in   the   five   mei-kland    of    Dunragane,    etc. 
retoured  heir  to  his  father,  Andrew  Rorieson,       [Retours  for  Dumfriesshire,  No.  6.] 

5 


XXXU  INTRODUCTION. 

peremptory  manner  as  before,  and  intimated  that  "sche  wold  not  be  at 
the  said  James  byddin." 1 

Marion  Carruthers  having  thus  defied  her  lawful  guardian,  more  litiga- 
tion ensued  between  him  on  the  one  hand  and  herself  on  the  other,  acting 
under  the  advice  of  her  relatives.  Her  case  came  before  the  Privy  Council 
of  Scotland,  and  an  arrangement  was  made  by  that  Court  whereby  Marion 
Carruthers  was  appointed  to  reside  for  a  time  at  Borthwick  Castle  with  John, 
Lord  Borthwick,  who  appears  to  have  been  related  to  her.  But  while  this 
arrangement  was  come  to  for  her  benefit,  she  was  taken  under  obligation  not 
to  leave  Lord  Borthwick  under  a  penalty  of  £2000,  and  she  had  to  find 
caution  that  she  would  not  marry  a  traitor  or  broken  man.  While  thus 
under  judicial  supervision,  Marion  took  a  step  incompatible  with  the  legal 
provisions  made  for  her  in  her  gift  of  ward  and  marriage  to  Sir  James 
Douglas.  Her  maternal  uncle,  Charles  Murray  of  Cockpool,  appears  to  have 
been  her  adviser,  and  she  was  induced  to  alienate  her  half  of  Mouswald  to 
him.  This  alienation  in  his  favour  was  confirmed  by  Queen  Mary,  on  24th 
June  1564.  But  Sir  James  Douglas  succeeded  in  having  the  transaction 
declared  null  as  an  illegal  subversion  of  the  gift  of  her  ward  and  marriage. 

Baffled  again  in  her  unequal  contest  with  a  powerful  legal  guardian,  she 
next  retired  to  reside  with  her  maternal  uncle,  Charles  Murray  of  Cockpool,  at 
his  castle  of  Cumlongan.  But  there  she  did  not  find  consolation.  She  took 
the  fatal  leap  over  the  highest  wall  of  the  castle  tower  and  fortalice,  and,  in 
the  expressive  vernacular  of  King  James  the  Sixth,  "  thairthrow  wilfullie 
breking  of  hir  awin  craig  and  banis  quhairof  sche  deit."  By  that  wilful  act 
of  suicide,  the  interest  in  the  unfortunate  Marion  in  Mouswald  was  escheated 
to  the  Crown.  King  James  the  Sixth,  by  gift  under  the  Privy  Seal,  17th 
October  1570,  bestowed  the  interest  forfeited  by  the  unhappy  suicide  in 

1  The  late  Mr.  Charles  Steuart  of  Hillside,  expressed  an  opinion  that  no  final  judgment 

long  the  respected  factor  on  the  Annandale  could  be  formed  thereon  without   more  in- 

estate,  after  seeing  the  arrangements  made  formation  than  was  forthcoming, 
by  Sir  James  Douglas  and  Marion  Carruthers, 


RECENT  CONTRIBUTIONS  TO  BORDER  HISTORY.  mill 

Mouswald  upon  Sir  William  Douglas  of  Hawick,  eldest  son  of  Sir  James 
Douglas.  The  second  grandson  of  Sir  William,  James  Douglas,  was  provided 
to  Mouswald,  and  the  Douglases  of  Mouswald,  as  cadets  of  Drumlanrig,  con- 
tinued for  upwards  of  a  century,  when  Mouswald  passed  into  other  hands.1 


RECENT  CONTRIBUTIONS  TO  THE  HISTORY  OF  THE  BORDERS. 

During  the  present  century  several  important  works  have  been  prepared 
bearing  on  the  history  of  the  Scottish  Border  abbeys,  as  well  as  on  the  noble 
and  baronial  families  on  both  sides  of  the  Borders.  His  Grace  the  late  Duke 
of  Buccleuch  and  Queensberry,  K.G-.,  presented,  in  the  year  1837,  to  the 
Bannatyne  Club  the  "  Liber  de  Mailros,"  in  two  volumes  quarto.  The  work  is 
illustrated  with  engravings  of  several  of  the  ancient  and  beautiful  charters, 
and  also  many  of  the  armorial  seals  still  appended  to  them.  The  wealth  of 
illustration  well  entitled  the  work  to  the  style  of  magnificent.  Nine  years 
later,  in  1846,  His  Grace  the  late  Duke  of  Roxburghe,  K.T.,  presented  to  the 
same  Club  the  "  Liber  de  Calchou,"  in  two  volumes  quarto.  That  work  included 
a  facsimile  of  the  beautiful  charter  granted  by  King  Malcolm  the  Fourth  to 
the  abbey,  which  contains  in  the  initial  letter  of  his  Christian  name  two 
portraits  in  colours,  which  have  reasonably  been  supposed  to  be  representa- 
tions of  the  youthful  Malcolm  and   his   grandfather,  the  venerable  King 

1  The  present  owner  of  Mouswald  is  Mrs.  it  make  his  paper  a  very  readable  one  ; 
Reid.  Her  eldest  son,  the  late  Mr.  J.  J.  although,  from  the  private  Drumlanrig  Papers 
Reid,  Queeu's  Remembrancer  in  Exchequer,  to  which  he  seems  to  have  had  access, 
wrote  a  paper  on  the  "  Barony  of  Mous-  he  animadverts  too  severely  on  Sir  James 
wald,  and  Barons;  a  page  of  Border  History  "  Douglas  as  the  guardian  of  the  heiresses, 
[Proceedings  of  the  Society  of  Antiquaries  of  without  making  comment  on  the  conduct  of 
Scotland,  1SS8-9,  vol.  xxiii.  pp.  24-79].  It  is  Cockpool.  If  the  poor  heiress  had  followed 
chiefly  derived  from  the  information  produced  the  advice  of  her  legal  guardian,  she  might 
in  the  Locality  of  Moffat  in  1852,  as  appears  have  had  a  better  fate  than  that  which  she 
from  the  numerous  references  through-  met  with  in  the  home  of  her  uncle  at  dim- 
out.      Mr.    Reid's  own  researches  added  to  longan. 


XXXtO  INTRODUCTION. 

David  the  First.  A  year  later  the  same  Club  was  successful  in  obtaining  a 
third  presentation  of  the  "Liber  de  Driburgh  "  from  the  late  John  Spottiswoode, 
Esquire  of  Spottiswoode.  Of  the  fourth  Border  Abbey  of  Jedburgh  no 
cartulary  is  known  to  exist.  But  the  noble  owner,  the  Marquis  of  Lothian, 
K.T.,  who,  with  enlightened  taste  and  patriotic  liberality,  has  done  so  much 
to  improve  and  preserve  the  remains  of  this  splendid  ecclesiastical  building, 
has  made  collections  of  ancient  charters  connected  with  the  abbey,  with  the 
view  of  preserving  them  in  a  record  similar  to  the  volume  relating  to  his 
separate  Abbey  of  ISTewbattle,  which  was  presented  by  the  late  Marquis  to 
the  Bannatyne  Club. 

Family  Histories  of  the  Scottish  Border  noble  and  baronial  houses  have 
been  numerous  and  exhaustive.  The  present  Marquis  of  Lothian  in  the  year 
1875  printed  the  correspondence  of  Sir  Bobert  Kerr,  first  Earl  of  Ancram, 
and  his  son  William,  third  Earl  of  Lothian,  in  two  volumes  quarto,  including 
many  portraits  of  the  families  of  Ancram  and  Lothian.  The  letters  extend 
from  the  year  1616  to  the  year  1667,  and  form  a  very  valuable  collection 
of  private  and  public  correspondence. 

Two  years  previous  to  the  printing  of  the  Kerr  correspondence,  the  late 
William  Lord  Herries  and  his  brother  the  late  Honourable  Marmaduke 
Maxwell  of  Terregles,  printed,  in  the  year  1873,  the  "  Book  of  Carlaverock," 
in  two  large  quarto  volumes,  which  included  the  charters  and  correspondence 
of  the  Maxwell,  Herries,  and  Nithsdale  families,  with  exhaustive  memoirs. 
Mr.  Marmaduke  Maxwell  previously,  in  1865,  printed  in  one  quarto  volume 
"  Inventories  of  the  Maxwell,  Herries,  and  Nithsdale  Muniments." 

The  late  Sir  John  Maxwell  of  Pollok,  Baronet,  printed  in  the  year  1863 
the  "  Pollok-Maxwell  Charters  and  Correspondence,"  which  was  described  by 
the  late  Mr.  John  Biddell,  advocate,  as  a  magazine  or  storehouse  of  historical 
information.  The  successor  of  Sir  John  Maxwell  both  in  his  baronetcy 
and  his  estates  was  his  nephew,  the  late  Sir  William  Stirling  Maxwell, 
Baronet  of  Keir  and  Pollok,  who  in  acknowledgment  of  his  eminent  literary 


RECENT  CONTRIBUTIONS  TO  BORDER  HISTORY.  XXXft 

attainments  was  made  a  Knight  of  the  Thistle.  Sir  William  printed  in  the 
year  1875  "The  Cartulary  of  Pollok-Maxwell "  in  one  volume  quarto.  In 
the  six  quarto  volumes  now  described  the  detailed  history  and  abundant 
muniments  of  the  great  Border  house  of  Maxwell  have  been  more  fidly 
recorded  than  almost  any  other  Border  surname. 

Following  at  a  short  interval,  "The  Scotts  of  Buccleuch"  formed  the 
subject  of  the  distinguished  Border  House  of  Buccleuch,  in  two  large  quarto 
volumes  printed  in  the  year  1878,  profusely  illustrated  with  portraits,  charters, 
correspondence,  and  other  illustrations,  all  betokening  the  munificence  of  the 
late  Duke  of  Buccleuch  and  Queensberry,  K.G-.,  who  was  in  his  day  such  a 
commanding  figure  in  the  Scottish  Border. 

Another  great  Border  book  under  the  title  of  "The  Douglas  Book,"  in 
four  large  quarto  volumes,  with  numerous  illustrations  of  charters  and  corre- 
spondence, was  completed  in  the  year  1885  for  the  late  Earl  of  Home,  Baron 
Douglas  of  Douglas,  and  his  son  and  successor  the  present  Earl.  The  history 
of  the  noble  houses  of  Douglas  and  Angus,  who  were  so  prominently  con- 
nected with  the  Borders  as  wardens  and  otherwise,  are  fully  recorded  in  these 
four  quarto  volumes. 

The  privately-printed  books  now  referred  to  chiefly  relate  to  the  Scottish 
side  of  the  Borders.1     But  there  is  one  book  which   refers  mainly  to  the 

1  None  of  these  works,  nor  any  of  the  lands  of  Caskieben  with  the  heiress,  Margaret, 
Border  histories  published  by  Mr.  Redpath,  daughter  of  Sir  Andrew  Garioch  of  Caskie- 
in  the  year  1776,  and  other  subsequent  ben,  knight.  His  descendants  afterwards 
writers,  make  any  special  reference  to  the  changed  the  name  of  the  lands  to  Johnston, 
Johnstons  in  Aberdeenshire.  In  1S32  Mr.  and  took  the  designation  of  Johnston  of  that 
Alexander  Johnston,  writer  to  the  signet,  Ilk,  as  if  they  were  the  chief  or  head  of  all 
published  a  genealogical  account  of  the  John-  the  Johnstones  in  Scotland.  But  the  inves- 
stons  of  Caskieben  in  the  shire  of  Aberdeen.  tigations  made  in  the  present  history  of  the 
It  is  chiefly  compiled,  as  he  explains,  from  a  Johnstones,  Earls  and  Marquises  of  Annan- 
manuscript  history  of  the  family  by  an  un-  dale,  show  that  the  alleged  connection  be- 
kuown  author,  written  about  the  year  1610.  tween  the  two  families  is  fabulous.  The 
The  first-named  member  of  the  family  men-  reputed  "  Stivene  Clerk  "  is  not  mentioned 
tioned  in  their  oldest  writs,  dated  in  the  year  in  any  muniment  of  the  Annandale  family, 
13S0,  is  "  Stivene  Clerk."     He  acquired  the  which  existed  for   at  least  five   generations 


XXVOl  INTRODUCTION. 

English  side,  and  it  deserves  honourable  mention.  The  work  is  entitled, 
"  Annals  of  the  House  of  Percy."  It  consists  of  two  noble  volumes,  printed 
for  private  circulation  only,  in  18S7,  by  the  present  representative  of  the 
great  house — his  Grace  Algernon-George  Percy,  Duke  of  Northumberland, 
K.G.  The  book  is  enriched  with  portraits,  castles,  armorial  seals,  and 
other  illustrations. 

The  Percy  Book  was  completed  within  two  years  after  the  Douglas  Book, 
and  they  naturally  attract  notice,  owing  to  the  two  heroic  families  of  Douglas 
and  Percy  having  made  up  so  much  of  the  history  of  the  warfare  on  the 
Scottish  and  English  borders. 

The  present  work  may  be  considered  a  fitting  companion  to  the  Maxwell 
and  other  histories  now  referred  to,  and  as  a  record  of  the  Johnstones,  Earls  and 
Marquises  of  Annandale.  Although  the  detailed  memoirs  have  not  been 
brought  down  to  the  time  of  the  late  Mr.  Hope  Johnstone  of  Annandale,  it 
cannot  be  overlooked  how  nobly  and  gallantly  he  maintained  the  struggle  to 
protect  the  interests  of  his  family  for  the  peerages  which  he  firmly  believed 
to  be  as  much  his  own  as  the  landed  estates  which  he  enjoyed.  He  often 
expressed  his  wish  that  his  family  muniments  should  be  properly  arranged, 
but  he  passed  away  before  his  wish  was  accomplished.  To  the  liberality  of 
his  grandson,  the  present  representative  of  the  house  of  Johnstone  of  John- 
stone, this  work  really  owes  its  existence.  This  is  not  the  first  occasion  on 
which  Mr.  Hope  Johnstone's  public  spirit  has  been  shown.  Soon  after  his 
succession  to  the  Annandale  estates  the  great  wave  of  agricultural  depression 
swept  over  the  country,  and  threatened  to  be  calamitous  to  not  a  few  of  the 

at  Johnstone  in  Annandale  prior  to  his  time.  any  of  the  bonds  of  clanship  entered  into  by 

His  name  of  Stephen  never  once  occurs  in  the  the  great  Border  clan  of  Johnstone.     There 

numerous  generations  of  the  real  house  of  are,  however,  many  names  other  than  John- 

the  Johnstones  of  Johnstone  and  Annandale  stone  included  in  these  bonds,  showing  that 

from  the  year  1170  to  the  present  chief  of  even  they  had  a  closer  connection  with  that 

that   house.     Although   of   the  same   name,  elan  than  the  Johnstons  of  Cashieben  had. 
the  Johnstons  of  Caskieben  never  appear  in 


ADDRESS  OP  TENANTRY  ON  ANNANDALE  ESTATES.  IXCtlH 

numerous  and  industrious  tenantry  on  his  estates.  The  enlightened  con- 
sideration with  which  Mr.  Hope  Johnstone  as  proprietor  co-operated  with 
them  to  assist  them  in  their  struggles  is  well  known,  and  a  permanent 
memorial  has  been  gracefully  recorded  in  an  address,  which  was  presented  to 
him  on  the  22nd  of  June  1883.     The  address  is  in  the  following  terms  : — 


To 

John  James  Hope  Johnstone,  Esquire 
of  Annandale. 

Sie, — The  tenantry  on  your  extensive  estates  of  Annandale  desire,  by 
means  of  this  address,  to  convey  to  you  an  expression  of  their  feelings  of 
respect  and  esteem  towards  you  as  their  landlord. 

Your  family  have  long  been  distinguished  by  the  cultivation  of  con- 
siderate and  kindly  relations  with  the  tenantry  on  the  estates,  and  no  one 
ever  enjoyed  or  deserved  on  this  account,  as  also  on  general  grounds,  more 
profound  respect  than  your  lamented  grandfather. 

It  is  a  high  satisfaction  and  a  source  of  sincere  gratitude  to  us  all  that 
you  have  followed  in  his  footsteps  in  the  interest  you  have  taken  in  our 
comfort  and  welfare. 

The  general  agricultural  depression,  and  the  unfavoiirable  seasons  which 
so  persistently  prevailed  over  almost  the  whole  country  during  recent  years, 
influenced  our  interests  to  such  an  extent  as  to  cause  many  of  us  to  look  ou 
the  situation  with  concern  as  one  of  great  gravity  indeed :  and  it  was  in 
these  circumstances  that  your  kindly  interest  in  us  was  exhibited  by  your 
spontaneously  offering  us  a  reduction  of  ten  per  cent,  from  our  rental.  Not 
only  has  this  reduction  been  with  equal  spontaneity  again  and  again 
repeated,  but  you  have  given  instructions  for  a  revaluation  of  the  pastoral 
farms  on  your  estate. 

We  warmly  appreciate  these   repeated  acts  of   generous  kindness,  and 


intUit  INTRODUCTION. 

rejoice  that  your  residence  on  the  estates,  and  the  lively  personal  interest 
you  take  therein,  enables  you  to  estimate  the  position  correctly. 

We  also  appreciate  your  desire  and  efforts  to  maintain  the  high  reputa- 
tion the  estates  have  so  long  held  for  advanced  agriculture  and  general 
improvements :  and  it  is  our  desire,  so  far  as  in  our  power,  to  co-operate  in 
such  efforts. 

In  offering  this  expression  of  our  sincere  gratitude  for  your  considerate 
and  generous  conduct  towards  us,  we  venture  to  hope  that  you  may  long  be 
spared  to  enjoy  your  high  position,  and  to  receive  the  profound  respect  of 
your  tenantry. 

Moffat,  22nd  June  1883. 

The  address  was  signed  by  all  the  tenantry  on  the  Annandale  estates, 
and  is  preserved  at  Eaehills  House.  Some  time  afterwards  the  address  was 
followed  by  a  public  banc[uet  given  by  the  tenantry  and  friends,  during  which 
Mr.  Hope  Johnstone  made  a  feeling  and  appropriate  reply  to  the  address. 


It  now  remains,  in  closing  this  Introduction,  to  acknowledge  the  courtesy 
shown  by  several  noblemen  and  gentlemen  in  contributing  charters  of  much 
interest  for  the  present  work.  His  Grace  the  Duke  of  Buccleuch  and 
Queensberry,  K.T.,  The  Eight  Hon.  the  Earl  of  Home,  Baron  Douglas  of 
Douglas,  The  Eight  Hon.  the  Earl  of  Strathmore  and  Kinghorn,  and  Sir 
Eeginald- Archibald-Edward  Catheart,  Baronet  of  Caiieton,  all  liberally  per- 
mitted charters  of  the  Bruces  of  Annandale  both  to  be  printed  and  litho- 
graphed for  this  work  from  their  respective  muniment  rooms  at  Drumlanrig, 
Douglas,  Glamis,  and  Killochan. 

WILLIAM  FEASEE. 

Edinburgh,  32  Castle  Street, 

December  1894. 


MEMOIRS 

OF  THE 

JOHNSTONES   OF  JOHNSTONE, 
EARLS  AND  MARQUISES  OF  ANNANDALE, 

FEOM  THE  TWELFTH   CENTURY. 

I. — John,  first  Known  Ancestor  of  the  Johnstone  Family,  Father 

of  Sir  Gilbert  Johnstone,  Knight. 

c.  1170-1194. 

Previous  writers  on  this  family  have  generally  commenced  their  history 
with  Sir  John  de  Johnstone,  knight,  and  Gilhert  de  Johnstone,  who  nourished 
in  the  thirteenth  century,  and  gave  their  oaths  of  fealty,  like  the  majority  of 
their  countrymen,  to  King  Edward  the  First  of  England,  in  the  year  1296, 
when  that  invader  overran  Scotland.  But  recent  investigations  which  have 
heen  made  in  connection  with  the  present  history  of  the  Johnstone  family 
have  disclosed  the  fact  that  they  flourished  in  Annandale  in  the  twelfth 
century,  or  upwards  of  one  hundred  years  anterior  to  these  two  members  of 
the  family  who  yielded  their  fealty  to  Edward  in  1296.  It  is  more  satis- 
factory to  be  able  to  commence  the  history  of  a  really  heroic  race  with  true 
and  knightly  names,  than  with  later  members  who  were  compelled  to  sub- 
scribe the  Eagman  Eoll  of  the  "  Hammer  of  Scotland." 

The  earliest-traced  members  of  the  Johnstone  family  appear  in  charters 
VOL.  I.  A 


ii  JOHN,  THE  FIRST  KNOWN  ANCESTOR,  C.  1170-1194. 

and  other  instruments,  in  close  connection  with  the  illustrious  house  of  Bruce 
so  early  as  1170.  Either  from  the  first  Bruce  of  Annandale,  who  settled 
there  in  1124,  or  his  immediate  successor,  "John,"  father  of  Sir  Gilbert 
Johnstone,  obtained  the  lands  of  Johnstone.  These  were  situated  in  the  heart 
of  Bruce's  great  lordship,  and  not  far  distant  from  his  famous  castle  of 
Lochmaben,  which  was  included  in  the  grant  to  him  by  King  David  the  First. 

This  sovereign,  for  the  improvement  and  civilisation  of  Scotland,  planted 
great  families  in  the  north  and  other  parts  of  Scotland  in  the  same  way  as  he 
established  the  Bruces  in  the  south.  One  of  the  principal  grants  in  the  north 
was  made  to  "  Freskyn,"  the  first  known  ancestor  of  the  ducal  families  of 
Sutherland  and  Athole.  "Freskyn"  had  no  surname,  and  is  only  known 
from  charters  in  which  his  sons  Hugh  and  William  are  mentioned — "  Hugo 
Alius  Freskyn,"  and  "  Willelmus  Alius  Freskyn."  These  charters  sufficiently 
preserve  the  name  of  "  Freskyn,"  who  possessed  lands  in  West  Lothian  in 
addition  to  those  in  Moray  and  Sutherland.  The  extensive  possessions  of 
"  Freskyn,"  both  in  West  Lothian  and  Moray,  held  by  him  under  King  David 
the  First,  were  confirmed  to  his  son  William  of  Moray  by  King  William  the 
Lion,  to  be  held  by  the  grantee  in  the  same  way  as  they  had  been  held  under 
King  William's  grandfather  King  David. 

Contemporary  with  "  Freskyn  "  of  the  single  name  was  "  John,"  also  of 
the  single  name,  who,  either  by  inheritance  or  gift  from  Kobert  Bruce, 
received  lands  in  Annandale,  and  bestowed  his  own  name  on  them,  calling 
them  "  Jonestun,"  now  Johnstone,  both  estate  and  parish.  His  son,  Gilbert, 
is  called  indifferently  Gilbert,  son  of  John,  or  Gilbert  de  Jonestune ;  and  it 
is  a  fair  inference  that  the  lands  obtained  their  name  from  his  father.  This 
view  accords  with  that  of  the  learned  and  impartial  author  of  "  Caledonia." 
He  says  : — "  The  parish  of  Jonestone  derived  its  name  from  the  village  and  the 
hamlet,  from  its  having  become  in  Scoto-Saxon  times  the  tun  or  dwelling  of 
some  person  who  was  distinguished  by  the  appellation  of  John." x    This 

1  Chalmers,  "Caledonia,"  vol.  iii.  p.  179. 


GIVES  HIS  NAME  TO  THE  LANDS  OF  JOHNSTONE.  ill 

statement  is  now  confirmed  by  charter  records  which  were  unknown  to  Mr. 
Chalmers.  These  describe  the  earliest  known  proprietor  of  Johnstone  as 
"  John,"  who  no  doubt  gave  his  name  to  the  lands,  and  he  must  have  been 
a  person  of  considerable  importance  to  have  acquired  the  territory  of 
Johnstone  in  the  centre  of  Bruce's  lordship  of  Annandale.  It  is  probable 
that  "  John  "  was  a  Norman  or  Saxon  under  the  first  or  second  Bruce,  lord 
of  Annandale,  though  he  may  have  been  one  of  the  native  inhabitants. 

Another  family  of  the  Bruce  vassals  in  Annandale  begins  likewise  with 
the  Christian  name  "Ivo,"  without  a  surname.  Eobert  Bruce,  circa  1190, 
granted  to  "  Ivo  "  and  his  heirs  a  place  between  Blawad  and  the  Water  of 
Hesch  (Esk)  for  fishing.  Among  the  witnesses  to  that  charter  are  Peter 
of  Humez,  Hugh  of  Corrie,  Hugh,  son  of  Ingebald,  Humphrey  of  Gardine 
(Jardine),  Bichard  Flammanc  (Fleming),  Henry,  son  of  Gerard,  and  others. 
The  same  "  Ivo  "  having  acquired  the  lands  of  Kirkpatrick,  was  designated 
Ivo  de  Kirkpatrick  in  a  subsequent  charter,1  just  in  the  same  way  as 
Gilbert,  the  son  of  the  first  John,  is  styled  in  charters  Gilbert,  the  son  of 
John,  and  also  of  Johnstone,  the  name  of  his  lands. 

II.— Sir  Gilbert  Johnstone,  Knight,  of  Johnstone,  Son  of  John, 

THE  FIRST  KNOWN   ANCESTOR,  C.  1191-c.  1240. 

This  is  the  first  member  of  the  family  of  Johnstone  who  took  that  sur- 
name, derived  from  the  lands  called  after  his  father,  John.  As  Gilbert, 
son  of  John,  he  witnessed  a  charter  by  William  Bruce  in  which  he  makes 
known  to  all  his  men  and  friends,  French  and  English,  that  he  had  given  to 
Adam  of  Carlisle  (Karleolo),  the  son  of  Bobert,  the  lands  of  Kynemund  in 
exchange  for  the  lands  of  Locardebi  (Lockerbie),  which  Bobert  Bruce,  the 
granter's  father,  gave  to  Bobert,  father  of  the  grantee,  for  his  homage  and 
service.  The  witnesses  are  William  of  Heriz,  Adam,  son  of  Adam,  Vdard  of 
Hodelm,  Hugh  de  Brus,  Adam  of  Dunwithie,  Bichard  Flamanc,  and  others.2 
1  Pp.  1-3  of  this  vol  "-  1194-1214,  pp.  1,  2  of  this  vol. 


iv  SIR  GILBERT  JOHNSTONE,  KNIGHT,  C.  1194-c.  1240. 

The  earliest  mention  of  this  Gilbert  occurs  in  a  resignation  by  Dunegal, 
son  of  Udard,  who  thereby  quitclaimed  to  William  Bruce  and  his  heirs,  in 
full  court,  a  carucate  of  laud  in  Weremundebi  (Warmanby)  and  half  a 
carucate  in  Anant  (Annan),  with  a  toft,  for  the  use  of  Gilbert,  sou  of  John. 
The  witnesses  are  Adam  of  Seton,  Eobert  of  Hodalmia,  Humphrey  del 
Gardine,  Adam,  son  of  Adam,  Richard  of  Penresax,  William  de  Herez, 
Patrick  Brown,  Udard  de  Hodalmia,  Hugh  de  Corri,  Malcolm  Loccard, 
and  others.  The  resignation  was  made  in  full  court  of  the  barony,  and  in 
presence  of  the  witnesses.  The  date  is  not  given,  but,  from  the  witnesses' 
names,  it  appears  to  have  been  made  between  the  years  1194  and  1214. 1 

As  "  G.  de  Jonistune,"  he  witnessed  a  charter  by  William  Bruce, 
grandson  of  the  first  Robert  Bruce  of  Annandale,  to  Ivo  of  Kirkepatric  of 
the  land  in  the  fee  of  Penresax,  which  was  called  Thorbrec  and  Willambi, 
and  the  toun  of  Blacwde.  Richard  de  Bosco,  Robert  of  Crossebi,  William 
of  Heneuile,  Alan  of  Dunwidi,  and  others,  are  also  witnesses.  This  is  the 
earliest  charter  which  contains  the  surname  of  Johnstone.  It  is  undated, 
but  it  must  have  been  granted  previous  to  the  year  1214,  about  which 
time  William  Bruce  died. 

Nor  was  Gilbert  de  Jonestun  a  less  important  personage  when  the 
next  Robert  Bruce,  who  was  great-grandson  of  the  first  Robert  Bruce, 
lord  of  Annandale,  held  that  lordship  in  succession  to  his  father,  William 
Bruce.  We  find  Gilbert  Johnstone,  or  Gilbert,  son  of  John,  as  he  is 
still  called,  acting  as  a  security  in  a  transaction  between  the  two  great 
houses  of  Bruce  and  Dunbar.  William  Bruce,  lord  of  Annandale,  died 
in  or  about  1214  ;  and  his  widow,  Christiana,  married,  as  her  second  husband, 
Patrick,  first  of  that  name,  Earl  of  Dunbar.  In  consequence  of  that  mar- 
riage, she  and  Earl  Patrick,  in  the  year  1218,  entered  into  an  arrangement 
with  her  son,  Robert  Bruce,  now  lord  of  Annandale,  as  to  her  dower  lands 
iu  Hertness,  Durham.      She  leased  these  lands  to  her  son  for  a  term  of 

1  P.  3  of  this  vol.     Bain's  Calendar  of  State  Papers,  vol.  i.  p.  107. 


SURETY  FOR  ROBERT  BRUCE,  LORD  OF  ANNANDALE.         v 

eight  years,  at  a  rent  of  £36,  6s.  of  silver  yearly,  which  he  engaged  to  pay 
to  her  and  her  husband  so  long  as  they  warranted  the  lands  to  him.  Eohert 
Bruce  also  bound  himself  not  to  dispone  the  lands  for  eight  years,  and  he 
named  certain  gentlemen  as  sureties  that  he  would  fulfil  his  part  of  the 
agreement.  One  of  these  was  Gilbert,  son  of  John,  and  the  others  were 
Humphrey  Jardine,  Hugh  of  Corri,  William  of  Heriz,  Eobert  of  Crossebi, 
Eichard  de  "Bosco,"  and  Eobert  of  Tremor.1  Gilbert,  son  of  John,  also 
appears  as  a  witness,  along  with  Sir  Eichard  de  Levinton,  Sir  Eoger  Avenel, 
and  the  whole  "  curia  "  of  Sir  Eobert  de  Brus  of  Anant,  to  a  transaction  by 
which  Ealf  the  "  Lardener "  and  his  brother  David  quitclaimed  to  Eobert 
de  Brus  all  the  lands  which  they  held  of  him  in  the  vill  of  Anant,  instead 
of  some  accounts  which  the  Lardener  could  not  pay.2  As  Gilbert  de 
Joneston  he  was  witness  to  a  charter  by  Eobert  Brus  to  Eoger  Crispin  of 
the  lands  of  Cnoculeran,  apparently  near  Cummertrees,  about  the  same  date 
as  the  agreement,  in  which  he  figures  as  a  pledge,  the  witnesses  being  nearly 
all  the  same.3  This  charter  is  a  beautiful  specimen  of  the  caligraphy  of  the 
period,  as  may  be  seen  from  the  facsimile  in  this  volume.  The  ink  which 
it  was  written  with  is  still  remarkably  fresh  and  distinct. 

Some  time  afterwards,  Gilbert  de  Joneston  was  advanced  to  the  dignity 
of  knighthood.  Eobert  Bruce  granted  to  Eobert  of  Crosby  a  right  of 
commonty  in  the  wood  of  Stapleton,  and  the  witnesses  are  Sir  Humphrey 
of  Kirkpatrick,  Sir  Adam  of  Carnot,  Sir  Gilbert  of  Jonestone,  Sir  Alan  of 
Dunwidi,  and  others.4  As  "  Sir  Gilbert  de  Joneston  "  he  witnessed  a  quit- 
claim by  Eoger,  son  of  William  French,  to  Sir  Eobert  Bruce,  lord  of  Annan- 

1  llth  November  121S.  Baiu's  Calendar  Johnstone  was  in  close  alliance  as  lord 
of  State  Papers,  vol.  i.  p.  123  ;  p.  4  of  this  superior  of  Annandale,  married  the  Princess 
vol.  Isabella,    second   daughter    of    David,    Earl 

2  Bain's  Calendar,  vol.  i.  pp.  123,  124;  of  Huntingdon,  younger  brother  of  King 
p.  4  of  this  vol.  William  the  Lion,  and  youngest  grandson  of 

3  P.  5  of  this  vol.  King  David  the  First.     It  was  as  the  lineal 

4  Pp.  5,  6  of  this  vol.  Sir  Robert  Bruce,  descendant  of  that  marriage  that  King  Robert 
lord  of  Annandale,  with  whom   Sir  Gilbert  Bruce  inherited  the  Scottish  Crown. 


vi  GILBERT  JOHNSTONE,  SECOND  OF  THE  NAME,  C.  1249. 

dale,  of  lands  in  Anant  towards  Wormanby  in  excambion  for  lands  in  the 
territory  of  Moffat.  Sir  John  de  Eumundebi,  Sir  Humphrey  of  Kirkpatrick, 
and  others,  are  also  witnesses.  Sir  Gilbert  Johnstone,  knight,  died  before 
the  year  1249. 

III. — Gilbert  Johnstone,  the  Second  of  the  Christian  Name  of  Gilbert. 

Circa  1249. 

He  was  probably  the  son  and  successor,  in  the  lands  of  Jobnstone,  of 
Sir  Gilbert  Johnstone.  But  the  second  Gilbert  Johnstone  did  not  hold 
such  a  position  as  his  father  did.  He  is  only  once  traced  on  record  in  con- 
nection with  a  transaction  by  which  Eobert  Bruce,  who  was  the  competitor 
for  the  crown,  and  the  grandfather  of  King  Eobert,  obtained  from  Eobert  de 
Dundovenald  two  carucates  of  land  in  the  fee  of  Egilfechan,  with  the 
advowson  of  the  church  of  Egilfechan.  Bruce  obtained  sasine  in  his  full 
court  at  Drivisdale  on  the  Thursday  after  the  feast  of  St.  James  the  Apostle, 
1249.  The  witnesses  to  that  infeftment  were  Sir  Walter  Cumyn,  Earl  of 
Menteith,  Sir  Alexander  Cumyn,  Earl  of  Buchan,  Humphrey  de  Kirkepatrick, 
Gilbert  de  Joneston,  and  others.1 

This  Gilbert  Johnstone  was  then  acting  with  the  two  Comyn  Earls  of 
Menteith  and  Buchan,  in  the  accpiisition  of  property  in  Bruce's  own  lordship 
of  Annandale.  But  friendly  relations  between  the  Bruces  and  Comyns  were 
terminated  by  the  slaughter  of  the  Eed  Comyn  in  the  Friars'  Church  of 
Dumfries. 

IV. — 1.  Sir  John  Johnstone,  Knight,  1296. 

"  Johann  de  Jonestone,  knight,  del  Counte  de  Dunfrys,"  swears  fealty 
to  King  Edward  the  First  at  Berwick-upon-Tweed  on  the  28th  of  August 
1296.     In  doing  so  he  is  accompanied  by  Johan  le  Blunt  de  Eskeby.2     The 

1  Bain's  Calendar,  vol.  i.  p.  326.     Pp.  6,  7  of  this  vol. 

2  Bain's  Calendar,  vol.  ii.  p.  202  ;  seal,  ibid.  p.  549,  Appendix  in.,  No.  329. 


GILBERT  JOHNSTONE,  THIRD  OF  THE  NAME,  1296.  vii 

armorial  seal  of  this  Sir  John  Johnstone  still  exists  in  the  Public  Record 
Office,  London,  being  attached  by  a  string  to  a  small  fragment  of  the 
homage.  The  seal  is  thus  described — "  Shield  with  2  garbs  (?),  and  a  canton 
over  a  3rd ;  charges  indistinct  (stars  ?), '  s.  JOHIS  de  ionestone  militis.'  " 

Nothing  further  regarding  the  history  of  this  knight  of  the  fealty  to  the 
overrunning  policy  of  King  Edward  the  First  has  been  ascertained. 

IV. — 2.  Gilbert  Johnstone,  1296. 

As  Gilbert  de  Johnstone  of  Dumfriesshire,  he  took  the  oath  of  fealty  to 
King  Edward  the  First,  and  appended  his  seal  to  a  deed  of  homage  on  the 
28th  of  August  1296,  at  Berwick-upon-Tweed.  His  seal  is  still  appended 
to  the  deed  of  homage  in  the  Public  Record  Office,  London.  The  seal  is 
different  from  that  of  Sir  John  de  Johnstone,  who  took  the  oath  to  Edward 
at  the  same  time.  The  seal  is  thus  described — "  A  gem,  a  head  in  profile  : 
'  s.  gilbeeti  de  ionestovn.'  "!  Along  with  Gilbert  in  making  oath  of  fealty 
were  Humfrey  de  Boys,  knight,  Roger  de  Kirkpatric,  knight,  Hugh 
Mauleverer,  and  others.  He  is  probably  the  same  Gilbert  de  Johnstone 
who  obtained  from  King  Robert  the  Bruce,  in  or  after  1309,  the  lands  of 
Hevirterrigs  and  Redmyre,  in  the  shire  of  Lanark.2 

The  practice  of  continuing  distinguished  names  in  Scottish  families  has 
long  been  observed.  The  Christian  names  of  John  and  Gilbert,  which  were 
held  respectively  by  the  oldest  known  ancestor  of  the  Johnstone  family  and 
his  son  Sir  Gilbert,  prevailed  in  the  family  from  the  twelfth  to  the  fifteenth 
century.  In  1484,  John  Johnstone  was  proprietor  of  Johnstone,  and  his  next 
brother  was  Gilbert  Johnstone.  After  them  the  name  of  Gilbert  was  dropped 
in  the  main  line,  and  those  of  John  and  James  became  the  prevailing 
Christian  names,  and  have  continued  to  the  present  time — sometimes  in 
conjunction. 

1  Bain's  Calendar,  vol.  ii.  pp.  185,  210  ;  seal,  Appendix  I.  (7),  p.  531. 

2  Robertson's  Index  of  Missing  Charters,  p.  1. 


viii  JOHN  OF  JOHNSTONE,  THIRD  OP  THE  NAME,  C.  1320. 

V.— 1.  John  of  Johnstone,  c.  1320. 

John  of  Johnstone  appears  as  the  next  owner  of  Johnstone.  After  Robert 
Bruce  succeeded  to  the  Scottish  throne,  he  surrendered  to  his  nephew, 
Thomas  Eandolph,  the  lordship  of  Aimandale.  As  the  new  lord  of  Annandale, 
Randolph,  who  was  also  created  Earl  of  Moray,  granted  a  charter  to  William 
Murray,  his  nephew,  of  the  half  of  the  tenements  of  Cumlongan,  and  of 
Ruthwell,  in  Annandale,  formerly  possessed  by  Thomas  of  DuDcurri.  That 
charter  is  undated,  but  it  was  granted  between  the  years  1312,  when 
Randolph  acquired  the  earldom  of  Moray,  and  1332,  when  he  died.  The 
charter  is  witnessed  by  "  Johanne  de  Jonestone "  and  "  Gilberto  de  Jone- 
stone,"  without  any  further  designation  of  either  of  them,  and  also  without 
any  relationship  being  stated.  All  the  other  witnesses  to  that  charter  are 
also  connected  with  Annandale,  including  the  well-known  names  of  Carlyle, 
Kirkpatrick,  Jardine,  and  Corrie. 

John  de  Johnstone,  the  senior  of  these  two  Johnstone  attesting  wit- 
nesses to  the  charter  by  Randolph,  appears  to  have  died  soon  afterwards, 
as  no  further  trace  of  him  has  been  found,  and  the  next  inheritor  of 
the  estate  of  Johnstone  and  owner  of  the  lands  of  Brakenthwait  was — 

V.— 2.  Gilbert  of  Johnstone,  1333-c.  1360. 

As  stated  in  the  previous  Memoir,  Gilbert  de  Johnstone  witnessed  the 
charter  of  Randolph,  lord  of  Annandale,  to  William  Murray,  of  the  lands  of 
Cumlongan  and  Ryuel  [Euthwell].  After  the  temporary  triumph  of  King- 
Edward  Baliol,  in  the  year  1333,  the  lordship  of  Annandale  was,  at  least  for 
a  time,  partly  under  Baliol's  sway.  The  lands  of  Brakenthwait,  belonging  to 
Gilbert  Johnstone,  were  granted  by  King  Edward  the  Third,  who  then  ruled 
in  Annandale,  to  Percy,  ancestor  of  the  Northumberland  family. 

Gilbert  de  Jonestone,  William  of  Levington,  Robert  of  Crosby,  and  other 
jurors,  held  an  inquest  at  Lochmaben,  on  24th  July  1347,  under  writ  of  King 


SIR  JOHN  JOHNSTONE  OF  JOHNSTONE,  1370-1413.  ix 

Edward  the  Third,  and  found  that  William,  son  and  heir  of  the  late  John  de 
Carlyle  (Caii'o)  is  nearest  and  lawful  heir  of  the  late  William  de  Carlyle,  his 
uncle,  in  the  latter's  lands  held  in  fee,  viz.,  Luse,  with  lands  in  the  burgh  of 
Annan,  Lougherwode,  etc.,  and  that  the  said  William  had  done  nothing 
against  his  lord  at  any  time  that  he  should  not  recover  his  lands,  and  that  he 
was  of  full  age.  Gilbert  de  Jonestone  is  named  first  in  this  inquest.  Annan- 
dale  was  then  under  the  occupation  of  the  English  after  the  battle  of  Durham.1 

VI. — Sir  John  Johnstone  of  Johnstone,  1370-1413. 

This  chief  of  Johnstone  is  the  first  who  is  specially  mentioned  by 
historians  as  taking  an  active  part  in  public  affairs.  He  was  one  of  the 
wardens  of  the  West  Marches,  and  made  a  stout  resistance  to  various  petty 
invasions  of  the  English  borderers  between  1377  and  1379.  On  these  occasions 
he  was  so  uniformly  victorious  as  to  draw  from  one  writer  the  eulogy  that 
praise,  if  given  to  each  of  his  memorable  acts  even  though  not  all  recounted, 
would  be  tedious,  not,  indeed,  to  warriors,  but  to  dainty  ecclesiastical 
readers.2  He  is  celebrated  by  Wyntown  for  an  encounter  on  the  water  of 
Solway  in  1378,  and  his  name  is  coupled  with  that  of  Sir  John  Gordon, 
who  was  carrying  on  similar  operations  in  the  Merse.     The  date  is  1378. 

"  When  at  the  wattyr  of  Sulway, 
Schyr  Jhon  of  Jhonystown  on  a  day 
Of  Inglis  men  wencust  a  gret  dele. 
He  bare  hym  at  that  tyme  sa  welle 
That  he,  and  the  lord  of  Gordowne, 
Had  a  sowerane  gud  renown 
Of  ony  that  was  of  thar  degre, 
For  full  thai  war  of  gret  bounte."  3 

1  During   the   reign   of    King   David   the  of   Kirknriehael   and   shire   of    Dumfries  — 

Second  (Bruee),  an  Adam  Johnstone  received  [Robertson's  Index,  p.  47.] 
a  crown  charter  of  the  lands  of  Cronanton,  2  Fordun  a,  Goodall,  vol.  ii.  p.  3S5. 

Molyn,  Monykipper,  and  Rahill,  in  the  barony  3  Wyntown's  Crouykil,  Book  II.  p.  311. 

VOL.  I.  B 


x  ADAM  JOHNSTONE  OF  JOHNSTONE,  1413-1454. 

Two  safe-conducts  in  February  1383  and  28th  March  1385,  addressed  to 
Sir  John  Johnstone,  appear  to  be  granted  to  the  same  person.  The  second 
safe-conduct,  besides  granting  him  personal  protection,  extended  protection 
to  a  ship  which  he  had  freighted  apparently  with  merchandise  from  abroad. 
He  is  also  named  in  1385  as  the  recipient  of  300  francs  d'or,  a  share  of  the 
money  brought  from  France  by  Sir  John  de  Vienne  as  a  subsidy  to  the 
Scots.  This  sum  was  no  doubt  paid  to  him  as  a  compensation  for  damage 
done  by  "English  invasions.  He  was  also  one  of  those  who  pledged  them- 
selves for  the  observance  on  the  West  March  of  an  agreement  which  had 
been  made  between  England  and  Scotland  as  to  the  delivery  and  ransom  of 
prisoners  taken  on  either  side  during  the  preceding  nine  years.  In  this 
indenture  he  stands  first  on  the  part  of  Scotland,  and  is  followed  by  Sir  John 
of  Carlyle,  Sir  William  Stewart  of  Castlemilk,  and  others.1 

Sir  John  Johnstone  appears  to  have  died  shortly  afterwards,  and  was 
succeeded  by  his  son. 

VII. — Adam  Johnstone  of  Johnstone. 
Janet  Seton,  his  Wife. 
1413-1454. 

In  modern  times  more  interest  has  attached  to  the  personal  history  of 
this  Adam  Johnstone  of  Johnstone  than  to  any  of  his  predecessors.  This 
distinction  was  not  acquired  by  any  famous  exploits  performed  by  him 
exceeding  those  of  any  of  his  ancestors.  Several  of  these  had  attained  to 
the  honour  of  knighthood,  and  they  were  men  of  valour  and  renown  as 
became  their  heroic  race.  The  distinction  referred  to,  which  in  modern 
times  has  led  his  name  to  be  often  quoted  in  judicial  tribunals,  arose  from 
the  simple  fact  that  the  most  persistent  of  all  the  numerous  claimants  of 

1  Indenture  made  at  Clochmabanestane,  6th  November  1308. — Bain's  Calendar,  vol.  iv. 
pp.  108,  109. 


BATTLE  OF  LOCHMABENSTANE,  1448.  xiii 

and  several  generations  of  his  family,  proved  unavailing.  The  House  of 
Lords  adjudged  that  the  paternity  of  Matthew  Johnstone  had  not  heen 
proved,  and  that  Sir  Frederic  Johnstone  bad  not  made  out  his  claim.1 

With  this  preliminary  explanation  as  to  the  position  claimed  by  the 
Johnstones  of  Westerhall  for  this  Adam  Johnstone  of  Johnstone  through  his 
alleged  son  Matthew,  the  ascertained  facts  of  his  history  will  now  be  related. 

Adam  Johnstone  is  designated  of  Johnstone  in  a  safe-conduct  to  him  in 
1413,  as  one  of  several  hostages  who  went  to  England  as  securities  for  money 
due  by  the  Princess  Margaret  Stewart,  Countess  of  Archibald,  fourth  Earl 
of  Douglas.  She  borrowed  500  merks  from  Sir  John  Philip,  an  English 
knight,  and  the  hostages,  who  were  all  gentlemen  in  Galloway  and  Annan- 
dale,  were  to  remain  with  him  in  England  until  the  money  was  paid.2 

Adam  Johnstone  was  at  this  time  a  feudal  subject  of  the  great  house  of 
Douglas,  the  Duke  of  Albany  having  conferred  the  lordship  of  Annandale 
upon  Archibald,  fourth  Earl  of  Douglas,  in  the  year  1409.  How  long  Adam 
Johnstone  of  Johnstone  remained  in  England  is  not  known ;  but,  in 
December  1419,  he  was  a  witness  at  Lochmaben  to  a  charter  by  this  Earl  of 
Douglas  of  the  lands  of  Grenane  in  Kirkcudbright  to  Herbert  Maxwell  of 
Carlaverock.3  He  is  also  named  in  1441  as  a  witness  to  a  charter  by  John 
Lockhart  of  Ban  to  his  son  Eobert,  of  the  lands  of  Barr  and  others  in 
Ayrshire;  and  on  the  same  day  Adam  Johnstone  witnessed  a  charter  by 
Alexander  Lockhart  of  Lee  to  his  son  Alan,  of  the  lands  of  Lee.4 

In  the  Asloan  MS.  before  referred  to,  it  is  stated,  under  date  23d 
October  1448,  that  "the  lord  of  Johnstone  was  present  at  the  battell  of 
Lochmabeustane,"  along  with  many  of  his  countrymen  against  the  attack 
by  the  English.  An  invading  force  of  6000  Englishmen  led  by  young  Percy 
and  others  had  entered  Scotland.     They  crossed  the  Solway  and  encamped 

1  Printed  judgment,  20th  July  1881.  3  The  Book  of  Carlaverock,  vol.  ii.  pp.  420, 

421. 

2  Safe-conduct,  3d  November  1413,  Annan-  4  8th   January   1440-1,   Registrum  Magni 
dale  Peerage  Evidence,  1876,  p.  15.                       Sigilli,  vol.  ii.  Nos.  258,  261. 


xiv  ADAM  JOHNSTONE  OF  JOHNSTONE,  1413-1454. 

on  the  banks  of  the  river  Sark.  To  check  their  advance,  Hugh,  Earl  of 
Ormond,  brother  of  the  Earl  of  Douglas,  and  some  gentlemen  of  the 
neighbourhood  mustered  an  army  of  4000  men,  and,  though  inferior  in 
numbers,  succeeded  in  completely  defeating  the  English.  Two  thousand  of 
the  enemy  were  slain  and  their  leaders  taken  prisoners,  to  the  enrichment, 
it  is  said,  of  their  captors.1 

During  the  years  following,  from  1449  to  1453,  there  were  frequent 
renewals  of  truce  with  England,  and  on  each  occasion  Adam  Johnstone  of 
Johnstone  is  named  as  one  of  the  conservators  of  the  peace  on  the  Scottish 
border.  The  Castle  of  Lochmaben,  then  held  by  John  Carruthers  of  Mous- 
wald,  as  captain,  was  taken  from  him  in  the  year  1454  by  the  treachery  of 
the  porter,  apparently  by  Herbert  Johnstone,  who  took  forcible  possession  of 
the  fortress,  which  King  James  the  Second  allowed  the  captors  to  keep  "  to 
his  profit,"  much  to  the  general  astonishment.2  This  seizure  is  said  to  have 
taken  place  in  August  1454,  and  the  statement  is  corroborated  by  the 
Exchequer  Eolls,  which  show  that  Carruthers  received  his  salary,  as  keeper, 
up  till  July  1454,  while,  for  the  next  twelve  months,  Herbert  Johnstone 
acted  as  captain,  and  was  paid  the  fees.  It  is  difficult  to  explain  this 
sudden  seizure  of  a  royal  castle  from  its  authorised  keeper,  and  the  subse- 
quent condonement  of  the  offence  by  the  king,  but  the  expression  in  the 
chronicle  that  it  was  for  the  royal  profit  suggests  that  the  Johnstones  may 
have  acted  with  the  connivance  of  the  king,  who  may  then  have  been 
meditating  the  attack  upon  the  power  of  the  Douglases  which  he  carried  out 
in  the  following  year. 

That  the  Johnstones  were  attached  to  the  royal  party  in  the  struggle 
with  the  Douglases  is  stated  by  David  Hume  of  Godscroft,  the  historian  of 
the  Douglases,  who  asserts  that  the  Laird  of  Johnstone  took  part  in  the 
battle  of  Arkinholm,  on   1st  May   1455,  where  the   Earls  of  Moray  and 

1  Asloan  MS.,  1819,  pp.  18,  40.     Tytler's  History  of  Scotland,  vol.  iii  p.  211. 

2  Asloan,  pp.  18,  52  ;  the  manuscript  calls  them  "  the  lard  of  Jhonstounis  twa  sonnis." 


HIS  MARRIAGE  WITH  JANET  SETON.  XV 

Ormond,  brothers  of  the  Earl  of  Douglas,  were  defeated.     It  is  said  by  the 

Chronicles  that  Johnstone  was  himself  present ;  but  it  could  not  have  been 

Adam,  the  subject  of  this  Memoir,  as  he  died  before  this  battle  took  place. 

The  Steward  of  Annandale's  account,  given  in  on  17th  July  1455,  shows 

that  the  maills  of  Beltenement  and  Johnstoune-tenement  belonged  to  the 

Crown  for  one  term  up  to  Whitsunday,  owing  to  the  death  of  Adam  of 

Johnstone  of  that  ilk.1 

Sir  Eichard  Maitland  of  Lethington,  who  was  born  in  1496,  and  whose 

mother  was  a  Seton,  wrote  a  brief  account  of  the  Seton  family.     He  mentions 

the  romantic  courtship  and  marriage  of  Adam  Johnstone  and  Janet  Seton. 

Maitland's  quaint  vernacular,  though  inaccurate,  is  worth  quoting : — 

"  Lord  George  Setoun,  the  first  of  that  name,  succeidit  to  Lord  Johne  his 
father,  being  bot  nyne  yeirs  of  age.  In  the  mein  tyrne,  the  Lord  Crichtoun  being 
greit  in  the  Court,  and  hauing  the  castell  of  Edinburgh  in  his  hands,  gat  the 
said  Lord  George,  and  keipit  him  in  the  said  castell.  In  the  mein  tyme,  the 
laird  of  Johnstoun  in  Anandaill  desyrit  the  said  Lord  George  his  mother  in 
manage,  quha,  amang  vther  talk  and  communicatioun,  schew  to  the  said  laird 
that  sho  was  euill  contentit  that  hir  said  onlie  sone  was  in  the  lord  Crichtoun 
his  handis,  and  had  great  suspition  thairof,  becaus  the  said  Lord  George  had  bot 
onlie  ane  sister,  quhilk  was  narrest  air  to  his  haill  landis  failzeing  of  him.  The 
laird  of  Johnstoun  perceauing  that  the  said  Lord  George  his  mother  wald  haue 
had  hir  son  out  of  the  Crichtoun  his  handis,  he  waitit  his  tyme,  and  maid  sic 
moyan  in  the  castell,  that  he  gat  the  said  George  furth  of  the  said  castell,  and 
convoyit  him  secreitly  to  his  place  callit  Lochwood  in  Annandaill,  quhair  he  was 
weill  nurishit  ane  lang  tyme.  The  said  lady  heiring  tell  that  the  said  laird  had 
convoyit  hir  sone  out  of  the  lord  Crichtoun  his  handis,  sho  was  contentit  to 
marie  him,  and  bair  to  him  monie  sones,  quhilk  war  all  brether  to  Lord  George 
on  the  mother  syde,  of  the  quhilk  the  eldest  was  callit  Gilbert,  quha  was  efter 
ane  valiant  man,  and  maid  knight.  This  Sir  Gilbert  mareit  the  heretrix  of 
Elphinstoun,  and  was  the  first  of  the  surname  of  Johnstouns."  2 

Whatever  be  the  basis  of  this  story,  it  is  contradicted  in  several  details 
by   various   circumstances.      Adam   Johnstone   did   apparently   marry   the 

1  Exchequer  Rolls,  vol.  vi.  pp.  xxxii,  62. 

2  Sir  Richard  Maitland's  Genealogy  of  the  House  and  Surname  of  Setoun,  1830,  p.  28. 


xvi  ADAM  JOHNSTONE  OF  JOHNSTONE,  1413-1454. 

mother  of  George,  Lord  Seton,  but  she  was  not  the  widow  of  Sir  John 
Seton,  but  of  his  son  William.  The  latter  predeceased  his  father,  being  slain 
at  the  battle  of  Verneuil  in  1424.  The  son  referred  to,  George,  afterwards 
first  Lord  Seton,  was  married  to  Margaret  Stewart,  daughter  of  the  Earl  of 
Buchan,  in  1436,  when  a  dispensation  was  procured  for  their  marriage,  and 
Lord  Crichton  did  not  come  into  power  until  two  years  later.  Janet  Seton 
was  apparently  still  a  widow  in  the  year  1433  when  a  payment  was  made  to 
her  as  Janet  Seton,  mother  of  George  Seton,  an  entry  which  implies  that 
her  own  name  was  Seton  and  not  Dunbar.  It  would  appear,  however,  that 
after  the  death  of  King  James  the  First,  during  1437  and  at  least  part  of 
1438,  the  lands  of  Seton  and  others  were  in  ward  and  under  the  charge  of 
Lord  Crichton,  and  it  is  probably  upon  this  fact  that  Sir  Richard  Maitland's 
narrative  is  founded.1 

Adam  Johnstone  predeceased  his  wife,  Janet  Seton,  as  appears  from  the 
Steward  of  Annandale's  account,  who  charges  himself  with  the  maills  of 
Beltenement  and  Johnstoune-tenement  "dempta  tercia  de  eisdem" — under 
reservation  of  the  terce.2 

Adam  Johnstone  had  several  sons  : — 

1.  John,  of  whom  a  memoir  follows. 

2.  Gilbert,  who  is  stated  by  Sir  Richard   Maitland  to  have  been  a  son  of 

Adam  Johnstone  and  Janet  Seton.  He  married  Agnes  Elphinstone, 
heiress  of  Elphinstone  in  East  Lothian,  and  became  Sir  Gilbert  Johnstone 
of  Elphinstone.     The  male  line  is  understood  to  be  extinct. 

3.  Patrick  Johnstone,  who,  in  an  Instrument  of  Sasine,  dated  17th  Marcli 

1467,  is  styled  brother  of  George,  Lord  Seton,  and  was  therefore  a 
son  of  this  Adam  Johnstone  and  his  wife  Janet  Seton.3  Nothing 
further  has  been  ascertained  regarding  him,  and  he  apparently  died 
without  issue. 

4.  Archibald  Johnstone,  who  is  named  in  a  precept,  dated   1476,  by  John 

1  Exchequer  Rolls,  vol.  iv.  pp.  clxxxiii,  602;  vol.  v.  p.  63. 

2  Account  rendered  1 7th  July  1455  ;  ibid.  vol.  vi.  p.  62. 

3  Minutes  of  Evidence,  Annandale  Peerage,  1880,  p.  1020. 


JOHN  JOHNSTONE  OF  JOHNSTONE,  1454-1493.  xvii 

Johnstone  of  that  ilk,  as  his  brother,  but  nothing  further  is  known  of  his 
history,  and  he  also  apparently  died  without  issue.1 
William,  who  apparently  possessed  or  occupied  the  lands  of  Upper  Dryffe, 
and  who  is  referred  to  between  1475  and  1481  as  then  deceased.  His 
eldest  brother,  John,  was  in  possession  of  these  lands  after  the  death  of 
William  Johnstone,  who  apparently  died  without  issue.2 


VIII. — John  Johnstone  of  Johnstone,  1454-1493. 

The  position  of  this  head  and  chief  of  the  Johnstone  family,  as  well 
as  that  of  his  eldest  son,  James  Johnstone,  has  been  misunderstood.  It 
has  been  stated  that  John  Johnstone  was  infeft  in  the  lands  of  Johnstone  in 
1455,  that  he  died  on  or  before  13th  September  1484,  and  that  he  was 
succeeded  by  his  son,  James  Johnstone  of  Johnstone,  who  did  not  long 
survive  his  father,  having  died  before  May  1488.3  To  prove  that  James 
Johnstone  was  the  eldest  son  of  John  Johnstone  of  Johnstone,  and  that 
he  had  sasine  of  the  lands  of  Johnstone  in  1484,  reference  is  made  to  an 
instrument  of  sasine  dated  13th  September  1484.  In  a  modern  pedigree  of 
the  family  of  Johnstone,  dated  1766,  produced  by  Sir  Harcourt  Johnstone 
on  4th  April  1878,  it  is  stated  that  John  Johnstone  was  not  present  at  the 
famous  battle  of  Arkin,  near  Langholm,  as  it  is  supposed  that  he  was  attend- 
ing his  father  Adam,  then  on  his  deathbed.4  These  statements  are  quite  at 
variance  with  the  ascertained  facts  relating  to  this  John  Johnstone  and  his 
eldest  son  James. 

The  first  notice  of  John  occurs  on  8th  November  1438  as  witness  to  a 
notarial  instrument  relating  to  the  marriage  of  Charles  Murray  of  Eevel,  in 
which  he  is  designated  John  Johnstone,  son  and  heir  of  Johnstone  of  that 
ilk.     As  he  must  have  been  of  age  to  be  a  witness  to  such  a  formal  instru- 

1  Minutes  of  Evidence,  Annandale  Peerage,  Johnstone  o£  Westerhall,  Baronet,  1875,  pp. 
(1876),  p.  90.  9,  36. 

2  Ibid.  1880,  vol.  ii.  p.  1002.  4  Minutes  of  Evidence  in  Annandale  Peer- 

3  Case   for    Sir    Frederic    John    William  age,  p.  711,  No.  331. 

VOL.  I.  C 


xviii  JOHN  JOHNSTONE  OF  JOHNSTONE,  1-454-1493. 

ment,  it  may  be  inferred  that  his  birth  would  be  in  or  about  the  year  1417. 
As  there  is  proof  that  he  was  living  in  1493,  he  would  then  have  attained 
the  age  of  76  years  at  least.  Of  these  years  nearly  forty  were  occupied  by 
him  as  head  of  the  family  of  Johnstone,  and  proprietor  of  the  estate  of 
Johnstone.  He  was  a  very  active  chieftain,  and  is  frequently  mentioned 
as  conservator  of  the  truces  made  in  the  years  1457  and  1459,  and  also  in 
several  other  public  documents  which  will  be  mentioned.  The  great  object 
of  his  youthful  sovereign,  King  James  the  Second,  was  to  break  down  the 
unprecedented  power  of  the  family  of  Douglas,  but  in  accomplishing  that 
purpose  three  murders  were  committed  on  the  Douglases,  two  by  the  respon- 
sible ministers  of  the  king,  and  a  third  by  the  king  himself.  These  crimes 
cast  an  indelible  stain  on  the  reign  of  the  second  James,  and  led  to  sanguinary 
conflicts  between  the  forces  of  the  king  on  the  one  hand  and  those  of  the 
surviving  Douglases  on  the  other,  till  the  latter  were  finally  subdued  at  the 
battle  of  Lochmaben  in  the  reign  of  King  James  the  Third. 

During  the  time  of  this  chief  three  important  battles  were  fought,  in 
all  of  which  he  probably  took  an  active  part  on  behalf  of  the  crown.  The 
first  is  known  in  history  as  the  battle  of  Sark,  fought  on  23d  October  1448 
at  Lochmabenstane,  in  the  parish  of  Eedpatrick  or  Graitney,  through  which 
the  water  of  Sark  flows,  and  near  which  an  upright  stone,  known  as  "  Loch- 
maben-stane,"  is  the  only  remnant  of  a  large  circle  of  stones  which  once 
stood  there.  This  was  a  battle  between  the  Scots  and  an  invading  army  of 
Englishmen,  who  were  severely  repulsed.  Very  little  is  known  of  the 
details  of  the  battle,  as  the  English  chronicles  almost  entirely  ignore  it. 
Hugh  Douglas,  Earl  of  Ormond,  was  the  commander  of  the  Scottish  army. 
Among  those  assisting  Ormond  were  "the  Lord  of  Johnstone,"  as  he  is 
designated,  who  was  then  Adam  Johnstone,  and  with  him  Sir  John  Wallace 
of  Craigie,  and  others,  amounting  in  all  to  4000  men.  These  were  opposed 
by  the  English  army,  amounting  to  6000  men,  led  by  the  younger  Percy 
and  other  warlike  chieftains  of  England.     As  Adam  Johnstone  bore  a  con- 


BATTLES  OF  ARKINHOLM  AND  LOCHMABEN.  XIX 

siderable  share  in  that  battle  it  is  probable  that  his  eldest  son  John,  who 
had  by  this  time  attained  manhood,  would  be  there  also  and  actively  assisting 
his  more  aged  father,  as  well  as  the  other  members  of  the  Johnstone  clan. 

The  next  active  engagement  of  John  Johnstone  was  at  the  battle  of 
Arkinholm,  now  Langholm,  on  1st  May  1455.  The  battle  arose  out  of  the 
continued  insurrection  of  the  Douglases  to  avenge  the  slaughter  of  two  Earls 
of  Douglas,  the  sixth  and  eighth  of  the  name.  It  was  led  by  Douglas,  Earl 
of  Moray,  Douglas,  Earl  of  Ormond,  and  Douglas,  Lord  Balvany,  all  three 
brothers  of  the  ninth  Earl  of  Douglas.  They  entered  Annandale  and  plun- 
dering it,  sent  the  spoil  as  a  present  to  their  mother,  then  in  Carlisle. 
John  Johnstone,  with  200  men,  met  the  convoy,  and  a  sharp  fight  ensued, 
in  which  Douglas,  Earl  of  Moray,  was  slain,  and  his  head  was  carried  and 
presented  to  King  James  the  Second  as  a  trophy.1 

In  the  summer  of  the  same  year,  1455,  King  James  the  Second  personally 
conducted  the  siege  of  Threave  Castle,  one  of  the  strongholds  of  Douglas  in 
Galloway.  John  Johnstone  of  Johnstone  joined  that  expedition,  and  for  this 
he  was  rewarded  with  the  lands  of  Buittle  and  Sannoch  in  the  neighbour- 
hood of  Threave  Castle,  and  forming  part  of  the  Douglas  lands  in  Galloway.2 

The  final  battle  in  which  John  Johnstone  was  engaged  was  that  of 
Lochmaben,  fought  on  St.  Magdalen's  Day,  22d  July  1484.  Bishop  Lesley, 
in  his  History  of  Scotland,  extols  the  presence  and  valour  of  Johnstone  at 
Lochmaben,  as  does  Abercrombie  in  his  Martial  Achievements  of  the  Scottish 
Nation.  The  battle  commenced  with  an  attack  by  Alexander,  Duke  of 
Albany,  who  was  lord  of  Annandale,  and  yoiinger  brother  of  King  James 
the  Third,  aided  by  James,  the  ninth  and  last  Earl  of  Douglas.  These  two 
noblemen  joined  in  the  hope  that  the  old  vassals  of  the  Douglases  would 
rally  to  the  Douglas  standard  in  the  same  way  as  at  the  famous  battle  of 

1  Tytler's  History,  vol.  iii.  p.  260,  quoting  2  Exchequer  Rolls,  vol.  vi.  p.  203.      The 

from  Law's  manuscript  already  referred  to  in       rental  due  by  Johnstone  for  them  was  £ 2ti, 
the  preceding  Memoir  of  Adam  Johnstone.  13s.  4d„ 


XX  JOHN  JOHNSTONE  OF  JOHNSTONE,  1454-1493. 

Ofcterburn  between  Douglas  and  Percy,  when  the  very  name  of  the  Douglas 
gained  the  field.  But  in  this  expectation  both  Albany  and  Douglas  were 
disappointed.  The  insurrection  was  quelled.  Albany  escaped  with  his  life 
by  the  fieetness  of  his  horse.  Douglas  was  captured  and  brought  before 
King  James  the  Third  as  a  prisoner  and  sentenced  to  imprisonment  in 
Lindores  Abbey.  Douglas  received  his  doom  meekly,  and  simply  replied, 
"  He  that  may  no  better  be  must  be  a  monk." 

In  return,  probably,  for  his  services  against  the  Douglases,  this  active  and 
energetic  Johnstone  chief  was  the  recipient  of  various  grants  from  King  James 
the  Second.  He  did  not  immediately  make  up  his  feudal  titles  to  his  lands 
on  his  father's  death.  He  received  a  remission  of  the  non-entry  duties  of 
Johnstone-tenement  and  Bel-tenement,  amounting  together  to  £22,  13s.  4d. 
The  king  also  remitted  to  him  £85,  6s.  8d.,  the  relief  duty  on  the  lands 
of  Johnstone  and  Kirkpatrick,  and  also  £42,  13s.  4d.,  the  amount  of  the  rents 
exigible  while  the  lands  were  in  the  hands  of  the  king.1  He  also  received  a 
grant  of  the  ward  of  the  lands  of  Drumgrey,  valued  at  £34,  6s.2 

This  Johnstone  chief,  like  his  father,  acted  as  one  of  the  conservators  of 
the  truce  concluded  with  England  during  the  year  1457.3  In  the  same  year 
he  was  in  Edinburgh,  where  he  formed  one  of  a  jury  who  retoured  George 
Moffat  as  heir  to  his  grandfather,  Thomas  Moffat,  in  1 2  merks  yearly  from 
the  customs  of  Edinburgh.4  In  1469  he  was  present  in  Edinburgh  in  the 
parliament  which  passed  sentence  of  forfeiture  against  the  family  of  Boyd, 
who  had  for  some  time  wielded  the  chief  power  in  Scotland  during  the 
minority  of  King  James  the  Third.  He  was  also  a  member  of  the  parlia- 
ment of  147 1.5 

Like  other  Scotch  borderers  this  Johnstone  chief,  while  engaged  in  the   * 

1  Exchequer  Rolls,  vol.  vi.  pp.  62,  63,  272,  273. 

2  Ibid.  pp.  169,  170. 

3  Annandale  Peerage  Evidence  (1876),  p.  30. 

4  Original  Retour  in  Annandale  Charter-chest. 

6  Acts  of  the  Parliaments  of  Scotland,  vol.  ii.  pp.  93,  98. 


TO  DEFEND  THE  LANDS  OF  RAEHILLS  AND  OTHERS,  1476.  xxi 

more  important  battles  which  have  been  noticed,  had  his  share  of  smaller 
actions  or  law-suits  with  his  neighbours.  He  was  engaged  in  1475  in  a 
law-suit,  in  the  supreme  civil  court,  with  John,  first  Lord  Carlyle,  about 
the  lands  of  Upper  Dryfe.  Lord  Carlyle  claimed  12  merks  yearly  for  nine 
years,  during  which  period  he  alleged  the  chief  had  wrongfully  occupied  the 
lands.  The  court  ordered  Johnstone  to  remove  from  the  lands  and  to  pay 
Lord  Carlyle  for  his  wrongful  occupation  since  the  decease  of  his  brother, 
William  Johnstone,  and  for  damages,  40  merks.  Power  was  given  to  distrain 
the  goods  of  Johnstone  for  the  amount,  but  it  was  still  unpaid  in  1503.1 

In  the  following  year,  1476,  Johnstone  by  special  mandate  from  the 
king  conjoined  with  Sir  Eobert  Crichton  of  Sanquhar  and  others  in  defending 
Edward  Livingston  of  Bowcastle  against  an  act  of  molestation  by  William, 
third  Lord  Crichton.  Livingston,  since  the  death  of  his  brother  twenty-two 
years  before,  had  held  the  lands  of  Minnygap,  Crunzeanton,  Mollin  and 
Eahill  (Eaehills) ;  but  now  Lord  Crichton  vexed  and  troubled  him  and  his 
tenants  in  their  possession,  and  demanded  rent  from  the  latter.  Johnstone 
and  the  others  named  were  to  secure  Livingston  in  his  possessions,  and  see 
that  his  tenants  paid  their  rents  to  him.2  The  royal  interposition  on 
behalf  of  Livingston,  however,  does  not  appear  to  have  been  effectual,  as  in 
January  1478  William,  Lord  Crichton,  granted  the  lands  to  his  own  brother, 
Gavin^Crichton.3 

On  11th  June  1478,  Johnstone  is  named  as  a  probable  witness  in  a 
question  between  Walter  Tweedie  of  Drummelzier  and  Adam  Cockburn  of 
Scraling  as  to  the  possession  and  value  of  a  silver  cup  with  a  double-gilt 
silver  cover,  which  Cockburn  had  pledged  for  twenty  merks.4  In  the 
following  March  Johnstone  himself  was  a  defendant  in  regard  to  a  claim 
made  against  him  by  Archibald  Carruthers  of  Mouswald,  apparently  his 

1  Acta    Auditorum,    p.    40  ;     Annandale  3  Registrum    Magni    Sigilli,   vol.    ii.    No. 
Peerage  Evidence,  1876,  p.  35.                                  1439. 

2  Royal    mandate,     26th     October     1476, 

printed  in  Minutes  of  Evidence,  p.  31.  4  Acta  Auditorum,  p.  65. 


xxii  JOHN  JOHNSTONE  OF  JOHNSTONE,  1454-1493. 

son-in-law.  Carruthers  sued  for  £120  in  terms  of  an  agreement  between 
his  father  and  Johnstone,  while  the  latter  pleaded  that  the  lands  of  Elliot 
[Eliok  ?]  had  not  been  secured  to  his  daughter,  a  condition  to  be  fulfilled 
before  the  money  was  paid.  The  court  ordered  the  lady  to  be  infeft  in 
the  lands  and  the  £120  to  be  paid,  allowing,  however,  a  proof  that  £40  had 
already  been  paid.1 

In  June  1480,  Johnstone  was  concerned  in  an  action  and  counter-action 
between  himself  and  William  Stewart  of  Castlemilk.  He  sued  Stewart  and 
his  son,  with  others,  for  spoliation  from  the  lands  of  Middleshaw  of  five 
cows  and  oxen.  Stewart  alleged  that  he  and  his  son  were  acting  under  a 
warrant  from  the  lady  of  Castlemilk,  who  was  entitled  to  rent  from  the  lands, 
but  as  they  failed  to  produce  their  authority,  they  were  ordered  to  restore 
the  cattle,  and  to  repay  any  rent  taken.  In  the  counter-action,  William 
Stewart  of  Castlemilk  accused  Johnstone  of  wrongfully  withholding  £100, 
and  also  the  lands  of  Middleshaw  and  Broomhill,  mortgaged  to  him  for  that 
sum.  It  is  stated  that  Johnstone  withheld  the  lands  because  a  marriage 
proposed  between  Stewart's  son  Alexander  and  Elizabeth  Stewart  had  not 
been  completed.  After  hearing  parties  the  lords  of  council  decided  that 
Johnstone  should  give  up  to  William  Stewart  the  lands  in  dispute  without 
receiving  any  money  on  the  reversion,  and  with  the  necessary  charters  and 
evidents,  because  the  marriage  had  not  been  completed ;  but  all  rents  and 
profits  drawn  by  Johnstone  from  the  lands  since  they  were  mortgaged  were 
to  remain  with  him,  because  of  the  aid  he  had  given  to  Stewart  for  recover- 
ing the  lands  and  the  goodwill  he  had  shown  towards  the  proposed  marriage, 
although  it  had  not  taken  effect.  Elizabeth  Stewart  ultimately  married 
Eobert  Carruthers ;  and  the  chief  of  Johnstone  was  present  as  a  witness  at 
an  inquest  held  to  serve  that  lady  as  heir  of  her  grandfather,  Archibald 
Stewart  of  Castlemilk,  in  the  lands  of  Middleshaw  on  6th  July  1484.2 

1  Acta  Auditorum,  p.  74.     12th  March  1478-9. 

2  Ibid.  p.  139*.     20th  May  14S4. 


JAMES  JOHNSTONE,  YOUNGER,  1 478-1 488.  xxiii 

The  latest  reference  to  John  Johnstone  of  Johnstone  in  the  judicial 
records  occurs  on  5th  February  1492-3.  In  presence  of  the  lords  of  council, 
George,  Lord  Seton,  becomes  surety  that  John,  Lord  Carlyle,  and  his  spouse, 
shall  be  harmless  of  Johnstone,  and  the  latter  became  surety  that  John, 
Lord  Carlyle,  and  his  spouse,  should  be  harmless  of  William  Carlyle,  his 
apparent  heir,  both  under  a  penalty  of  one  thousand  crowns.1 

It  has  not  been  satisfactorily  ascertained  who  was  the  wife  of  John 
Johnstone,  but  he  had  one  son,  James,  who  predeceased  him,  without  having 
been  feudally  vested  in  the  Johnstone  estates.  He  had  also  one  daughter, 
apparently  married  to  Archibald  Carruthers  of  Mouswald. 

A  lady  of  the  border  name  of  Janet  Hemes  was  the  mother  of  his 
younger  son,  John  Johnstone  of  Wamphray,  who  received,  in  1476,  from  his 
father  the  lands  of  Wamphray.2  Janet  Hemes  may  have  been  Johnstone's 
lawful  wife  and  the  mother  of  his  elder  son  James  as  well  as  of  John.  John 
of  Wamphray  had  a  son  also  named  John,  but  the  latter  died  without  issue 
by  his  wife,  Katherine  Boyle,  who  survived  him.3 


IX. — James  Johnstone,  younger  of  Johnstone,  1478-1488. 

James  Johnstone  received  from  his  father  John  an  annualrent  of  five 
merks  Scots  out  of  a  tenement  in  Dumfries  on  the  8th  of  June  1478.4  The 
notices  of  him  are  excessively  meagre;  in  fact  the  only  other  authentic 
reference  to  James  is  in  connection  with  the  family  arrangement  made  in 
the  year  1484,  whereby  John  Johnstone,  the  elder  son  of  James,  and  the 
elder  grandson  of  John,  was  put  in  possession  of  the  family  estates.     King 

1  Acta  Dominorum  Concilii,  p.  273.  3  Ibid.  pp.  90,  91,  2S1.     The  John  John- 

2  Anuandale  Peerage  Minutes  of  Evidence  stone  of  Wamphray,  in  1511,  and  who  married 
(1876),  p.  90.     The  precept  of  sasine  states  Katherine  Boyle,  appears  to  have  been  a  son 
that  John  Johnstone   was  the   son  of   John  of  the  first  John  Johnstone  of  Wamphray. 
Johnstone  of  that  ilk  "  et  Janetam  Heris,"  but  4  Instrument   of    resignation    in    Charter- 
the  words  "  meain  sponsam  "  are  not  added.  chest  at  Terregles. 


xxiv  JAMES  JOHNSTONE,  YOUNGER,  1478-1488. 

James  the  Third  granted  a  charter  in  favour  of  "  John  Johnstone,  son  to 
James  Johnstone,"  of  the  lands  of  Johnstone  and  others.  Neither  that 
charter  nor  the  instrument  of  sasine  following  upon  it  can  now  be  found  in 
the  Annandale  charter-chest.  But  in  an  inventory  of  the  Annandale  muni- 
ments which  was  carefully  prepared  in  the  year  1744,  and  is  still  the  working 
inventory  of  the  estate  muniments,  the  charter  and  sasine  in  favour  of  John 
Johnstone,  son  of  James,  are  described  in  the  following  entry  ; — 

"  Item,  instrument  of  sasine  proceeding  upon  a  charter  granted  by  the  king 
in  favours  of  John  Johnstone,  son  to  James  Johnstone,  of  the  lands  and  tenement 
of  Johnstone,  Kirkpatrick-Fleeming,  and  Camvartsholm,  with  the  pertinents,  lying 
in  the  lordship  of  Annandale  and  sheriffdom  of  Dumfries,  dated  13th  September 
1484.     James  Fawside,  notary  thereto." 1 

As  stated  in  the  preceding  Memoir,  John  Johnstone  of  Johnstone 
materially  aided  the  forces  of  King  James  the  Third  at  the  battle  of  Loch- 
maben  on  22d  July  1484.  The  king  liberally  rewarded  Kirkpatrick,  the 
actual  capturer  of  Douglas,  as  well  as  others  who  fought  for  their  sovereign. 
As  John  Johnstone  was  one  of  the  most  zealous  of  the  royal  followers, 
he  received  from  King  James  the  Third  a  new  crown  charter  of  the  family 
estates  in  favour  of  his  grandson,  John  Johnstone,  son  of  James  Johnstone, 
so  named  only,  and  not  of  Johnstone.  On  that  charter  sasine  was  taken 
on  13th  September  1484,  being  only  about  two  months  after  the  battle 
of  Lochmaben.  The  original  charter  is  now  lost,  having  probably  been 
burned  in  the  great  conflagration  of  Lochwood  Tower  in  the  followim>' 
century,  but  no  doubt  it  contained  advantages  as  to  the  terms  of  the  hold- 
ing and  the  crown  rents.  John,  the  grandfather,  was  at  the  date  of  that 
charter,  in  1484,  far  advanced  in  years,  and  he  had  desired  that  the  king 

1  Original  large  folio  inventory  in  Annan-  deleted  and  corrected  to  James,  and  James 

dale  Charter-chest.     Two  imperfect  copies  of  deleted  and  corrected  to  John. — [Minutes  of 

that  entry  were  produced  from  the  Wester-  Annandale  Peerage  Evidence,  1877,  pp.  248, 

hall  Charter-chest.     One  of  those  entries  is  286.] 
so  inaccurate  as  to  have  the  name  of  John 


JOHN  JOHNSTONE  OF  JOHNSTONE,  1484-1488.  xxv 

would  accept  of  his  young  grandson  John,  in  place  of  the  grandfather  and 
his  son  James,  to  hold  the  estates,  and  represent  the  family,  the  grandfather 
probably  retaining  a  liferent.  There  is  no  document  which  shows  that 
James,  the  son,  was  ever  invested  in  the  family  estates  or  represented 
the  clan  as  their  chief.  Certain  peerage-writers,  however,  misunderstanding 
the  evidence  afforded  by  the  sasine  of  13th  September  1484  above  quoted, 
have  represented  James  as  having  been  proprietor  of  Johnstone. 

X. — 1.  John  Johnstone  of  Johnstone,  1484-1488. 

Although  James  Johnstone,  younger  of  Johnstone,  never  was  proprietor 
of  the  lands  of  Johnstone,  nor  attained  to  the  position  of  chief  of  the  clan 
Johnstone,  but  died  in  the  lifetime  of  his  father,  he  had  two  sons  John 
and  Adam. 

This  John  Johnstone  possessed  the  lands  of  Johnstone  for  a  briefer 
period  than  any  of  his  predecessors.  He  was  infeft  in  them  on  13th 
September  1484,  as  shown  in  the  preceding  Memoir  of  his  father,  James ; 
and  he  must  have  been  dead  before  24th  May  1488,  when  his  brother,  Adam, 
was  served  heir  to  him.  The  succession  of  Adam,  his  brother,  as  heir  to 
this  chief  of  the  family,  is  sufficient  evidence  that  John  Johnstone  of 
Johnstone  left  no  surviving  children. 

X. — 2.  Sir  Adam  Johnstone  of  Johnstone,  knight. 
Marion  Scott,  his  Wife. 

1488-1509. 

Adam  Johnstone  was  infeft  in  the  lands  of  the  tenement  of  Johnstone, 
Kyrkpatrik-Flemyng,  Cawartholme,  all  in  the  stewartry  of  Annandale,  on 
24th  May  1488,  in  terms  of  a  charter  and  precept  from  King  James  the 
Third,  which  describe  him  as  "son  of  James  Johnstone"  simply,  and  not  of 

VOL.  i.  d 


xxvi  SIR  ADAM  JOHNSTONE,  KNIGHT,  1488-1509. 

James  Johnstone  of  Jolinstone — as  the  latter  would  have  been  if  he  had 
inherited  the  estate.1  Adam  Johnstone  was  defendant  in  an  action  against 
him  as  brother  and  heir  of  the  late  John  Johnstone  of  that  ilk.2  In  1494 
he  was  required  by  the  lords  of  council  to  recompense  to  Tassy  (Eustace) 
Maxwell  twenty-one  sheep  valued  at  4s.  6d.  each,  which  had  been  carried  off 
by  a  certain  John  Johnstone,  for  whom  he  was  surety.3 

At  a  later  date,  in  1498,  Adam  Johnstone  was  concerned  in  a  more 
serious  affair,  being  one  of  the  leaders  of  a  band  of  sixty  men  who  made  an 
attack  on  the  house  of  Glendinning  in  Eskdale.  The  laird  of  Glendinnin" 
was  sheriff  of  Eskdale,  and  private  revenge  may  have  prompted  the  outrage, 
but  Johnstone  and  his  accomplices  are  charged  with  seizing  the  place  "  under 
silence  of  night,"  and  committing  considerable  depredation.  They  forcibly 
entered  the  building  and  carried  off  four  horses,  fourteen  cows  and  oxen, 
with  bedding,  napery,  silver  spoons,  pots,  pans,  and  other  goods,  to  the  value 
of  100  merks.  It  would  appear  that  the  horses  were  valued  at  £40,  and  that 
two  candlesticks  and  a  goblet  were  among  the  spoils.  The  marauders  were 
summoned  before  the  lords  of  council,  but  it  does  not  appear  that  they  were 
punished,  though  some  compensation  appears  to  have  been  given.4 

Various  appearances  made  by  Adam  Johnstone  before  the  lords  of 
council  were  not  on  his  own  account,  but  as  surety  for  delinquent  members 
of  his  clan.  One  such  case  has  been  cited,  and  another  is  recorded  in  1503 
where  he  is  required  as  the  surety  for  certain  clansmen  to  restore  to  Thomas 
rorteous  of  Hawkshaw  forty-eight  cows  valued  at  forty  shillings  each, 
seven  horses  and  mares  each  worth  the  same  sum,  and  goods  valued  at  £40, 
of  all  which  Porteous  had  been  plundered.     The  original  marauders  had 

1  The  charter  is  not  extant  nor  recorded  ;  July  1494.  About  the  same  date  he  paid 
but  the  sasine  still  exists  in  the  Annandale  200  merks  to  the  crown  for  the  ward  and 
Charter-chest.  marriage  of  the  laird  of  Wamphray.     [Trea- 

2  13th    February    14S9-90  ;    Acta    Audi-  surer's  Accounts,  vol.  i.  p.  211.] 

torum,  p.  137.  i  Ibid.   21st   November    149S  ;    Pitcairn's 

3  Acta  Duminorum  Concilii,  p.  372,   11th       Criminal  Trials,  vol.  i.  p.  41*. 


PRESENT  AT  BATTLE  OF  LOC'HMABEN,   1484.  xxvii 

received  a  remission  from  King  James  the  Third,  and  Johnstone  had  then 
been  named  as  their  security  for  restoration  of  the  goods,  but  this  apparently 
had  not  been  made,  hence  the  action,  the  end  of  which  not  stated.1 

About  the  same  date,  Sir  Adam  Johnstone  was  also  declared  to  be  respon- 
sible for  the  sum  of  40  merks  which  his  grandfather  had  been  adjudged  to  pay 
to  John,  first  Lord  Carlyle.2  In  1504  Sir  Adam  and  his  son  James  are  accepted 
as  sureties,  the  one  for  the  other,  that  the  Mu'rrays  of  Cockpool  were  to  be  free 
from  attack  by  them  or  their  adherents.3  At  the  same  time  he  and  his  wife, 
Marion  Scott,  were  challenged  by  the  officers  of  the  crown  for  wrongfully 
labouring  the  lands  of  Polcornell,  Whiterig,  Appletreewhat  and  Langwoodend. 
These  lands  had  belonged  to  the  late  Sir  Simon  Carruthers  of  Mouswald, 
and  were  in  the  hands  of  the  crown  as  ward-lands  during  the  minority  of 
his  heir.  Marion  Scott,  however,  the  widow  of  Archibald  Carruthers  of 
Mouswald,  appears  to  have  laid  claim  to  the  lands,  in  which  Johnstone, 
now  her  husband,  had  thus  an  .  interest.  Johnstone  and  his  wife  were 
required  to  produce  the  evidences  of  their  rights  over  the  lands,  failing 
which  they  were  to  desist  from  the  cultivation  of  them.4 

In  January  1509  a  decree  of  the  lords  of  council  was  given  against  Sir 
Adam  Johnstone  under  circumstances  which  appear  to  connect  him  with  the 
conflict  at  Lochmaben  on  St.  Magdalen's  day,  1484.  At  that  battle  John 
Kirkpatrick,  son  of  John  Kirkpatrick  in  Heslybray,  had  taken  prisoner  an 
Englishman  named  William  Musgrave.  This  man  had  been  liberated  for 
eighty  "angell  nobillis  of  gold,"  which  had  been  paid  to  William  Irvine  of 
Bonshaw,  for  whom  Sir  Adam  Johnstone  became  security  that  he  would  hand 
the  ransom  to  Kirkpatrick.     This,  however,  had  evidently  not  been  done,  and 

1  Acta  Auditorurn,  14th  February  1502-3.  No.  2699.] 
Sir  Adam  Johnstone  was,  on  2d  August  1502,  2  15th  February  1502-3.     Minutes  of  Evi- 

at  Edinburgh,  where  he  witnessed  a  charter  dence  in  Annandale  Peerage  (1876),  p.  35. 
by  Robert  Corsby  of  Owlcotes  to  a  servant  of  3  13th  August  1 504.    Ibid.  (1S80),  pp.  989, 

Lord    Maxwell's,    that   nobleman   being   also  990. 
present.     [Begistrum  Magni  Sigilli,  vol.   ii.,  4  27th  August  1504.     Ibid.  pp.  993,  994. 


xxviii  JAMES  JOHNSTONE  OF  JOHNSTONE,  1509-1524. 

in  1509  Kirkpatrick  sued  Johnstone  for  the  amount,  which  he  was  adjudged 
to  pay,  but  the  money  was  still  unpaid  at  his  death,  a  few  months  later.1 

The  last  appearance  on  record  of  Sir  Adam  Johnstone  is  as  a  witness  to 
a  charter  by  John,  Lord  Maxwell,  granting  various  lands  to  the  archbishop 
of  Glasgow,  dated  at  Edinburgh,  2d  May  1509.2  In  that  charter  Johnstone 
is  described  as  a  knight. 

Sir  Adam  Johnstone  died  between  2d  May  1509  and  2d  November  same 
year,  on  which  date  James  Johnstone,  his  son  and  heir,  received  a  charter  of 
the  lands  of  Johnstone  and  others.3  Marion  Scott,  who  is  named  as  the 
wife  of  Sir  Adam  Johnstone  in  1504,  was  the  widow  of  Archibald  Carruthers 
of  Mouswald,  who  was  alive  in  June  1484.4  She  survived  her  second 
husband,  and  was  alive  in  March  151 1.5  Sir  Adam  Johnstone  had  issue,  so 
far  as  is  known,  two  sons :  first,  James,  who  succeeded  him,  and  of  whom  a 
memoir  follows ;  second,  William,  who,  in  a  lease  by  John  Lindsay  of 
Covington,  of  date  9th  March  1519-20,  is  described  as  brother  of  James 
Johnstone  of  that  ilk.  No  other  mention  of  William  has  been  found,  and 
he  is  not  named  in  the  entail  of  the  Johnstone  lands  made  by  his  nephew  in 
1542,  and  as  no  descendants  of  William  are  known  to  exist,  the  probability 
is  that  he  died  without  issue. 

XI. — James  Johnstone  of  Johnstone. 

Mary  Maxwell  (of  Maxwell),  his  Wife. 

1509-1524. 

This  James  Johnstone  is  first  mentioned  in  1504,  when  he  and  his  father 
appear  as  mutual  pledges  for  each  other.  He  does  not  again  occur  on 
record  until  November  1509,  when,  after  his  father's  death,  he  received  from 

1  llth  March   1510-11.    Minutes  of  Evi-  3  Registrum  Magni  Sigilli,  vol.  ii.  No.  3382. 
dence  in  Annandale  Peerage  (1876),  p.  38.  4  Ibid.  No.  1587. 

6  llth  March   1510-11.      Minutes  of  Evi- 

2  Registrum  Magni  Sigilli,  vol.  ii.  No.  3330.       dence  in  Annandale  Peerage  (1876),  p.  38. 


THE  TOWER  OF  JOHNSTONE  OR  LOCHWOOD,  1509.  xxix 

King  James  the  Fourth,  for  his  many  good  and  faithful  services,  a  charter  of 
the  lands  of  Johnstone,  with  the  advowson  of  the  parish  church,  and  the 
lands  of  Kirkpatrick,  including  Dunskellie  and  Caversholm,  and  the  lands 
of  Wamphray.1  In  that  charter  the  tower  and  fortalice  of  Johnstone  are 
mentioned  for  the  first  time  in  a  royal  charter.  The  stronghold  of  Johnstone 
or  Lochwood,  as  it  was  called,  is,  however,  referred  to  as  the  residence  of 
John  Johnstone  of  Johnstone  in  1476,  and,  according  to  the  tradition  of 
the  family,  it  was  erected  in  the  fourteenth  century.  But  any  earlier  records 
or  charters  relating  to  it  were  probably  burned  along  with  the  fortress  itself 
in  1585,  when  the  charter-chest  was  consumed,  and  the  date  of  its  original 
building  cannot  now  be  ascertained. 

The  charter  is  in  the  terms  of  a  regrant,  as  the  lands  had  been  apprised  or 
confiscated  to  the  king  to  secure  payment  of  certain  fines  and  amercements 
inflicted  by  the  justiciary  court  upon  the  late  Adam  Johnstone  and  those 
for  whom  he  was  responsible.  These  sums  the  king  now  discharged  to 
James  Johnstone  as  heir  of  Adam,  and  granted  the  estates  in  the  same  form 
of  holding  as  before  the  apprising. 

In  the  year  1511  James  Johnstone  was  sisted,  as  heir  to  his  father,  defen- 
der in  the  action,  in  the  supreme  civil  court,  at  the  instance  of  John  Kirk- 
patrick, for  the  ransom  of  William  Musgrave,  as  narrated  in  the  previous 
memoir.  In  the  following  year  he  was  fined  for  not  producing  before  the 
court  of  justiciary  certain  members  of  his  clan  and  others,  for  whom  he 
was  held  responsible,  probably  as  one  of  the  deputy  wardens  of  the  West 
Marches  under  Lord  Home.  The  crimes  committed  were  chiefly  murders, 
and  the  amount  of  fines  for  which  James  Johnstone  was  held  liable  was  £600 
Scots,  the  culprits  themselves  being  declared  outlaws  and  their  goods  forfeited.2 

On  the  resignation  of  Robert,  fifth  Lord  Maxwell,  brother-in-law  of 
James  Johnstone,  he  received  a  charter  by  King  James   the  Fifth,  with 

1  Charter,  dated  2d  November  1509  ;  Registrum  Magni  Sigilli,  vol.  ii.  No.  3382. 

2  5th  April  1512  ;  Annandale  Peerage  Minutes  of  Evidence  (1SS0),  p.  990. 


xxx  JAMES  JOHNSTONE  OF  JOHNSTONE,  1509-1524. 

consent  of  John,  Duke  of  Albany,  regent,  of  the  four  merk  lands  of  Quhit- 
riggs  and  Mekilhouse ;  also  the  lands  of  Lund,  Ersgills,  Peatsehaws,  and 
others,  along  with  the  patronage  of  the  church  of  Corrie,  in  the  stewartry  of 
Annandale.     The  charter  is  dated  at  Edinburgh,  27th  October  1516.1 

Little  further  is  known  of  the  history  of  James  Johnstone.  He  is  named 
as  a  procurator  by  William  Johnstone  of  Escheles  and  Esby  for  resigning 
certain  lands  into  the  hands  of  King  James  the  Fifth.2  Luring  the  years 
1520  and  1521,  Johnstone  entered  into  several  arrangements  with  John 
Lindsay  of  Covington,  who  granted  to  him  first  a  lease  of  the  eighteen 
merk  land  of  Polmoody  in  Moffatdale  for  nineteen  years  at  a  yearly  rental 
of  eighteen  merks,  and  afterwards  a  charter  of  them.  The  Murrays  of 
Cockpool  held  a  mortgage  over  Polmoody,  but  the  reversion  was  assigned 
to  Johnstone  for  300  merks.  The  lands  were  to  be  held  from  Lindsay 
for  a  silver  penny,  and  of  the  king  for  a  red  rose  at  midsummer.3 

James  Johnstone  of  Johnstone  was,  on  15th  May  1523,  appointed  one  of 
the  keepers  of  the  West  Marches  of  Scotland,  probably  as  a  deputy  to  his 
brother-in-law,  Lord  Maxwell,  who  was  warden.  He  died  in  August  of  the 
following  year,  and  was  succeeded  by  his  eldest  son.  His  wife's  name  has 
not  been  ascertained,  but  she  was  probably  Mary,  eldest  daughter  of '  John, 
fourth  Lord  Maxwell,  as  in  1528  John  Johnstone,  son  of  this  James 
Johnstone,  is  described  as  "  sister's  son  "  to  Kobert,  fifth  Lord  Maxwell.  The 
issue  of  that  marriage  was  six  sons. 

1.  John,  who  succeeded  his  father  in  the  Johnstone  and  other  estates,  and  of 

whom  a  Memoir  follows. 

2.  Adam  Johnstone,  who  received  the  lands  of  Corrie  from  his  father,  and 

was   designated  Adam    Johnstone    of   Corrie.      The    barony    of   Corrie 
formed  the  greater  part  of  the  ancient  parish  of  Corrie,  which  has  been 

1  Annandale  Peerage  Minntes  of  Evidence  (lS7fi),  pp.  38,  39. 

2  Original  proeuratory,  dated  September  1521,  in  Annandale  Charter- chest. 

3  Original  writs,  ibid. 


CHILDREN  OF  JAMES  JOHNSTONE  AND  MARY  MAXWELL.  xxxi 

annexed  to  the  adjoining  parish  of  Hutton,  and  both  are  situated  in  the 
stewartry  of  Annandale  and  county  of  Dumfries.  Adam  Johnstone  of 
Corrie  died  in  1544,  leaving  a  son,  James,  whose  grandson,  George 
Johnstone,  resigned,  in  1623,  his  rights  in  Corrie  to  Sir  James  Johnstone 
of  Johnstone,  and  received  in  exchange  the  lands  of  Girthhead.  The 
male  line  of  the  Johnstones  of  Corrie  and  Girthhead  ended  about  the 
year  1750,  and  they  were  then  represented  by  four  co-heiresses. 

3.  William  Johnstone,  who,  in  a  crown  charter,  is  designated  brother-german 

of  John  and  Adam.1  He  is  also  referred  to  in  a  contract  of  date  9th 
July  1558,2  but  nothing  further  is  known  of  him. 

In  the  competition  for  the  Annandale  peerage  Mr.  Edward  John- 
stone of  Fullford  Hall  claimed,  without  careful  investigation,  to  prove 
that  this  William  was  his  ancestor ;  but  his  claim  was  held  by  the  House 
of  Lords  not  to  have  been  made  out.  Indeed,  the  Lord  Chancellor  held 
that  the  William  Johnstone  of  Gratney  from  whom  Mr.  Edward  John- 
stone claimed  descent  was  not  a  Johnstone  of  Annandale  at  all. 

4.  John  Johnstone.     He  is  designated  as  brother-german  of  his  elder  brothers, 

John,  Adam,  and  William,  in  a  crown  charter  of  1542-3,  but  except  a 
reference  to  him  in  the  Treasurer's  Accounts  of  December  1543,  when  he 
received  money  to  buy  a  horse,  nothing  further  is  known  of  him. 

5.  Simon  Johnstone,  who  is  also  referred  to  in  the  charter  of  1542-3,  but  re- 

garding whom  nothing  further  has  been  ascertained. 
e.^James,  not  named  in  the  charter  of  1542-3,  but  is  referred  to  in  1561  as 
a    brother  of  John   Johnstone   of   Johnstone.     He    held   the    lands   of 
Wamphray,  Pocornell,  and  others.     By  his  wife,  Margaret  M'Lellan,  he 
had  issue,  but  his  male    line  ended  in   1656  with  the  death  of   John 
Johnstone  of  Wamphray,  who  left  an  only  daughter,  Janet  Johnstone.3 
Besides  these,  the  abbot  of  Soulseat  was  a  son  of  James  Johnstone.     If  not 
identical  with  John,  the  son  above-named,  he  must  have  been  a  natural    son. 
Lord  Wharton  in   1548  refers  to  him  as  James  Johnstone;  while  in  a  family 
contract  of  1558  he  is  styled  John  Johnstone.     Lord  Wharton  may  have  made  a 
mistake,  or  James,  abbot  of  Soulseat,  may  have  died  before  1558.4 

1  Registruni   Magni   Sigilli,    vol.    iii.   No.  *  Ibid.  1876,  pp.  89,  701-705.     This  laird 
2874,  2d  March  1542-3.  had    two     natural    sons,    David    and   John, 

2  Annandale  Peerage  Minutes  of  Evidence,  in  favour  of  whom  was  passed  a  charter  of 
1876,  pp.  88,  S9.  legitimation  under  the  great  seal,  dated  25th 

s  Ibid.  1881,  pp.  1083,  1144-1152.  April  1543.     [Ibid.  1SS0,  p.  823.] 


xxxii  JOHN  JOHNSTONE  OF  JOHNSTONE,  1524-1567. 


First  Johnstone  Warden  of  West  Marches. 

XII. — John  Johnstone  of  Johnstone. 
Elizabeth  Jardine,  his  first  Wife. 
Nicola  Douglas  (Drumlanrig),  his  second  Wife. 

1524-1567. 
chapter  first. 

His  early  life — Border  forays — Slays  "Meikle  Sym  Armistrang" — Bonds  with  Lord  Max- 
well— Imprisoned  in  Dumbarton  Castle — Battle  of  Solway — Made  warden  of  the  West 
Marches — Death  of  King  James  the  Fifth. 

This  Johnstone  chief,  who  held  the  estates  for  more  than  forty  years, 
appears  prominently  as  taking  an  active  part  in  Scottish  affairs.  Owing  to  the 
greater  fulness  of  record  at  the  time,  we  can  give  his  personal  history  with 
more  detail  than  has  been  possible  in  regard  to  several  of  his  predecessors. 

He  was  born  in  the  year  1507,  as  appears  from  the  fact  that  he  was  a 
ward  of  the  crown  for  four  years  after  his  father's  death ;  but  he  is  mentioned 
in  1525  as  a  member  of  the  king's  council,  showing  that  very  soon  after  his 
accession  to  the  estates  he  was  active  in  public  affairs.  The  next  notice  of 
him  is  in  a  private  document,  a  bond  by  which  he  obliges  himself  to  maintain 
and  assist  Kobert  Graham  of  Thornick,  a  neighbour  borderer,  in  all  causes, 
in  return  for  manrent  services.1 

The  Johnstones  were  now  become  a  very  powerful  clan,  and  the  friend- 
ship of  their  chief  was  much  sought  after,  while,  on  the  other  hand,  he 
was  a  formidable  rival  to  Lord  Maxwell.  This  latter  fact  led,  in  a  later 
generation,  to  a  deadly  feud  between  the  two  families,  and  even  at  this 
early  period  a  jealousy  had  arisen  on  the  part  of  Lord  Maxwell,  who  had 

1  16th  December  1526.     Original  Bond  in  Annandale  Charter-chest. 


SLAUGHTER  OF  "  MEIKLE  SYM  ARMISTRANG,"  1527.  xxxiii 

entered  into  an  alliance  with  the  lawless  clan  of  Armstrong,  and  now 
incited  them  to  annoy  Johnstone  as  much  as  possible.  There  was  already 
a  feud  between  the  clans  of  Johnstone  and  Armstrong,  which  had  been 
intensified  by  the  slaughter  of  "  Meikle  Sym  Armistrang"  in  1527,  by 
John  Johnstone  of  Johnstone  himself  and  his  accomplices.  In  the  early 
part  of  the  following  year  the  Earl  of  Angus,  then  chancellor  of  Scotland, 
made  a  warden  raid  upon  Liddesdale  to  punish  the  Armstrongs,  but  was 
compelled  to  retire,  as  the  Kerrs  refused  to  assist  him.  The  earl  then 
procured  royal  letters  outlawing  the  Armstrongs,  but  Lord  Maxwell  declined 
to  allow  the  king's  proclamation  to  be  executed  in  his  wardenry.  Not  only 
did  Maxwell  thus  prevent  the  arrest  of  marauders,  but,  according  to  a  letter 
from  Lord  Dacre,  he  "  caused  the  said  Armistranges  to  make  a  roode  upon 
the  lard  of  Johnston,  his  oune  sister  son,  who  is  at  dedely  fede  with  theim  for 
the  killing  of  Mikill  Sym  Armistrang ;  where  they  killed  thre  of  his  friends, 
and  the  Lord  Maxwell  hymself  laye  in  a  bushement  to  manteigne  theim,  pur- 
posely to  have  killed  the  saide  lard  of  Johnston  if  he  had  pursued  them."1 

It  was  no  doubt  in  retaliation  for  Lord  Maxwell's  conduct  that  in  June 
of  this  year,  1528,  John  Johnstone  made  an  attack  upon  the  lands  of 
Drumcow  or  Duncow,  in  the  parish  of  Kirkmahoe,  burning  and  despoiling 
them  of  goods  and  cattle.  The  lands  were  the  property  of  the  crown,  but 
had  been  gifted  to  Lord  Maxwell  two  years  before,  and  their  destruction 
was  intended  to  hurt  his  interest.  But  the  fact  that  the  lands  were  crown 
property  led  to  a  charge  of  treason,  not  against  Johnstone,  but  against  the 
Eai'l  of  Angus,  who  with  his  brother  and  uncle  were  at  this  time  dismissed 
from  the  royal  favour.  In  the  summons  against  the  earl  it  was  alleged  that 
it  was  at  his  instigation,  and  because  Johnstone  was  bound  in  service  to  him, 
that  the  lands  were  harried,  and  that  the  earl  had  given  assistance  in  the 
matter.  This  charge  was,  however,  indignantly  denied,  the  earl's  advocate 
declaring  before  the  parliament  that  the  earl  knew  nothing  of  Johnstone's 

1  State  Papers  of  Henry  VIII.,  vol.  iv.  p.  492;   Lord  Dacre  to  Wolsey,  2nd  April  1528. 
VOL.  I.  E 


xxxiv  JOHN  JOHNSTONE,  FIRST  WARDEN,  1524-1567. 

doings,  and  gave  him  neither  assistance  nor  advice.  It  was  further  declared 
that  "  the  truble  that  fell  betwix  the  Lord  Maxwell  and  the  lard  of  John- 
s-toune"  was  not  the  crime  of  treason,  but  a  neighbour's  war;  each  of  them 
burned  the  other's  lands,  and  slew  men  and  servants  for  his  own  private 
quarrel.  As  regarded  the  particular  charge  against  the  earl,  it  was  pleaded 
that  as  neither  of  the  principals  (Maxwell  and  Johnstone)  had  been  convicted 
of  treason,  no  one  could  be  convicted  for  assisting  them.1 

The  affair  was  in  fact  treated  as  a  mere  episode  in  a  private  feud,  and  a 
few  months  later,  in  August  1528,  we  find  Edward  Maxwell,  brother  of 
Lord  Maxwell,  and  Johnstone  acting  together  when  they  "  burned  the  mote 
of  Liddale,"  part  of  the  English  king's  land  in  "  Nichol  forest,"  apparently 
on  the  English  border.2 

In  December  1528  and  January  1529,  John  Johnstone  was  summoned 
to  Edinburgh  to  consult  with  the  king,  first  as  to  the  state  of  the  borders, 
and  secondly  as  to  the  government  of  the  country.  The  Earl  of  Angus  and 
the  heads  of  the  Douglas  party  had  been  banished  from  Scotland,  and  a  peace 
concluded  with  England,  by  which  provision  was  made  for  subduing  the 
lawless  inhabitants  of  the  borders,  of  whom  the  Armstrongs  were  specially 
obnoxious.  It  was  to  advise  as  to  carrying  this  provision  into  effect  that 
Johnstone,  together  with  the  Earl  of  Bothwell,  Lord  Maxwell,  the  laird  of 
Buccleuch,  and  other  border  barons,  were  summoned  to  Edinburgh.  In  June 
of  1529  King  James  proceeded  to  the  east  marches,  where  better  order  had 
been  kept  since  the  truce,  and  at  Peebles,  on  25th  June,  the  Earl  of  Bothwell, 
as  warden,  bound  himself  to  secure  tranquillity  and  good  rule  in  Liddesdale.3 

The  king  then  directed  his  attention  to  the  west  marches,  and  on  his 
return  to  Edinburgh,  a  number  of  those  responsible  for  that  district  appeared 
before  him  to  answer  for  their  duties  of  wardenry.     They  first  procured  a  re- 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  ii.  pp.  323-325. 

2  State  Papers  of  Henry  viti.,  vol.  iv.  p.  507  ;  Dacre  to  Wolsey,  13th  September  152S. 

3  Acta  Dominorum  Concilii,  25th  June  1529. 


JOHNSTONE  WARDED  IN  DOUNE  CASTLE,  1530.  XXXV 

mission  for  themselves  and  all  their  dependants.  They  then  obliged  themselves 
by  a  formal  bond  not  only  to  keep  good  rule  in  their  respective  bounds,  but 
also  to  enter  any  dependant  accused  of  crime,  when  required  by  the  justiciary 
or  justice  clerk,  on  fifteen  days'  warning,  under  a  penalty  of  £100  on  each 
landed  gentleman,  100  rnerks  on  each  unlanded  gentleman,  and  £40  on  each 
yeoman,  failing  to  keep  the  bond.  These  and  other  provisions  of  a  similar 
kind  were  formally  agreed  to  by  the  barons  signing  the  bond,  John  John- 
stone of  Johnstone  being  one  of  those  who  thus  promised  to  keep  order  on 
the  west  marches.1  Following  upon  this  bond  the  king  and  council  granted  a 
general  remission  to  the  inhabitants  of  the  district  affected,  including  Annan- 
dale.2  Lord  Maxwell  also,  as  warden,  bound  himself  to  rule  the  whole  bounds 
of  Dumfries  and  Annandale  in  accordance  with  the  conditions  of  the  bond. 

Previous  to  this,  Lord  Maxwell  and  John  Johnstone  had  so  far  made  up 
their  differences  that  the  latter  granted  to  the  former  a  bond  of  manrent, 
binding  himself  in  the  usual  form  to  do  service  in  return  for  a  promise  of 
maintenance.  Lord  Maxwell,  on  the  other  hand,  obliged  himself  to  assist 
Johnstone  and  to  maintain  him  in  his  possessions,  each  of  them  taking  the 
other's  part  against  all  except  the  king.3  This  bond  tended  nothing  to  the 
keeping  good  rule  on  the  west  marches,  and  in  the  following  year,  1530, 
when  the  king  decided  to  govern  the  borders  himself,  lie  began  by  placing 
in  ward  all  those  who  had  been  responsible.  In  May  1530  Johnstone  was 
ordered  to  remain  in  Doune  Castle  during  the  king's  pleasure.  He  was  set 
at  liberty  in  the  following  September,  when  he  entered  into  a  bond  or 
protestation  of  fidelity  to  the  government  on  receiving  a  remission  for  past 
offences.  At  the  same  time  he  gave  in  to  the  lords  of  council  a  formal  list 
of  those  clans  for  whom  he  became  bound  that  they  should  keep  good  rule. 

These  were  the  Johnstones,  the  Dinwiddies,  the."Lathamaris"  (Latimers) 
the  lairds  of  Knock,  Thornik,  Frenchland,  and  Duncreich,  with  their  respective 

1   Acta  Dominorum  Concilii,  24th  July  1529.  -  Ibid. 

3  Bond  dated  11th  February  152S-9.     Annandale  Peerage  Minutes,  1S76,  pp.  39,  40. 


xxxvi  JOHN  JOHNSTONE,  FIRST  WARDEN,  1521-1567. 

servants,  the  inhabitants  of  the  towns  of  Lochmaben  and  Moffat,  and  others, 
including  various  families  of  the  names  of  Grahame,  Bell,  Irving,  and  Moffat.1 

Johnstone  had  already,  sometime  previous  to  that  date,  given  evidence 
of  activity,  as  on  8th  August  1530  a  sum  of  money  was  paid  to  him  and 
Edward  Maxwell  as  a  reward  for  the  head  of  a  thief  taken  by  them  and 
sent  to  Edinburgh.  Two  years  later  he  is  specially  chronicled  as  the  taker 
of  a  most  notorious  marauder,  known  as  George  Scott  of  the  Bog.  He  was 
apparently  a  native  or  a  resident  in  Liddesdale,  as  he  was  excepted  by  name 
from  a  remission  granted  to  the  inhabitants  of  that  district.  It  is  said  that 
his  ravages  excelled  in  cruelty,  as  he  not  only  burned  the  houses  of  his 
victims  but  their  wives  and  children  alive.  The  king  was  so  incensed  at 
the  cruel  conduct  of  Scott  that  his  Majesty  resolved  to  inflict  upon  him  the 
tortures  he  had^  caused  to  others,  and  sentenced  him  to  be  burned  alive  at 
a  stake,  which  was  done,  calling  forth  from  the  chronicler  the  comment 
"  quhilk  deid  was  neuer  sene  in  this  realme  of  befoir,  nor  will  not  be  heirefter."2 

In  1534  Johnstone  is  referred  to  in  connection  with  a  murder  committed 
by  some  members  of  his  clan,  John  Bell  of  "  Cowssethill "  and  William 
Johnstone  of  Lockerbie,  upon  one  of  the  Armstrongs,  no  doubt  an  act  of 
retaliation.  Lady  Dacre,  who  reports  the  event  to  her  husband,  states  that 
they  lay  in  wait  at  Lochar-foot  for  "  Bowe  Armestrange,  Bed  Dande  son," 
chased  him  through  Blackshaw  and  slew  him  in  Carlaverock  mire.  The 
lady  adds  that  Lord  Maxwell,  who  favoured  the  Armstrongs,  is  greatly 
displeased,  while  Johnstone  wished  the  murderers  to  be  received  in 
England.3  In  June  1536  also,  some  of  the  Johnstone  clan  fought  a  duel  in 
presence  of  King  James  the  Fifth  himself  against  two  men  named  Moffat 
and  a  third  called  "  Gyrie  Panago."     The  victory  remained  with  the  John- 

1   16th  September  1530.     Annandale  Peer-  G'arruthers  of  Mouswald.       [Reg.  Sec.  Sig., 

age  Minutes  of  Evidence,  1S80,  p.  991.     The  vol.  ix.  3,  152.] 

laird,    also,   on  11th  April  1531,  received  a  2  1532,  Diurnal  of  Occurrents,  p.  15. 

grant  of  the  ward  and  marriage  of   Symon  3  Letters   and    Papers,   etc.,  Henry   vm., 

Carruthers,  son  and  heir  of  the  late  Symon  vol.  vii.  No.  252.     February  1534. 


ROUT  OF  SOLWAY  MOSS,  1542.  xxxvii 

stones,  though  one  of  their  number  was  slain,  while  Panago  and  one  of  the 
Moffats  were  killed.1 

For  some  reason  not  now  known,  Johnstone  incurred  the  king's 
displeasure,  and,  in  March  1541,  was  ordered  to  durance  in  the  fortress 
of  Dumbarton.  A  number  of  sureties  bound  themselves  on  his  behalf  that 
lie  would  remain  in  ward  in  the  town  of  Dumbarton  under  a  penalty  of 
10,000  merks.  His  restraint  was  so  far  relaxed  in  the  month  of  May  follow- 
ing that  a  mile  round  the  town  was  prescribed  as  his  limit  under  a  penalty 
of  £10,000.  He  remained  still  in  confinement  until  the  beginning  of  Decem- 
ber 1542,  when  he  was  released  to  take  a  command  on  the  borders.2 

He  was  thus  still  in  Dumbarton  at  the  date  of  the  rout  of  Solway  Moss, 
but  that  event  no  doubt  led  to  his  release.  Only  three  days  later  a  letter  was 
issued  by  the  king  in  his  favour,  appointing  him  virtually  warden  of  the 
west  march  in  the  absence  of  Lord  Maxwell,  who  had  been  made  prisoner. 
The  commission  simply  speaks  of  "  the  absence  "  of  Lord  Maxwell,  and  of  his 
son's  "  infirmete,"  whereby  the  "  west  marches  and  bordours  of  our  realme  ar 
destitute  of  ane  wardane  and  gyder."  It  appoints  Johnstone  to  see  that  "  the 
cuntre  be  wele  rewlit,"  and  due  resistance  be  made  to  England,  and  all  his 
servants  and  dependants  were  required  to  attend  upon  him  in  his  new  capacity.3 

The  death  of  King  James  the  Fifth,  however,  which  took  place  in  the 
following  month  of  December,  somewhat  changed  the  state  of  affairs.  The 
prisoners  taken  at  Solway  were  liberated  on  certain  conditions,  and  Lord 
Maxwell  soon  returned  to  Scotland,  while  his  son  Eobert,  Master  of  Maxwell, 
went  to  England  as  a  hostage  in  his  stead.  Before  the  latter  left  Scotland 
he  granted  to  Johnstone  a  bond  of  manrent,  or  rather  a  bond  of  maintenance. 
It  narrated  that  Johnstone  was  bound  in  manrent  to  Lord  Maxwell  before 
the  imprisonment  of  the  latter,  an  obligation  which  was  still  binding,  and 

1  Diurnal  of  Oecurrents,  pp.  20,  21.  3  Original  Letter,  28th  November,  vol.  ii. 

of  this  work,  pp.    3,  4,  followed  by  another 

2  Hamilton  Papers,  vol.  i.  pp.  321-324.  dated  29th  November  1542. 


xxxviii  JOHN  JOHNSTONE,  FIRST  WARDEN,  1524-1567. 

which  Johnstone  was  bound  to  keep  to  the  Master  of  Maxwell  during  his 
father's  absence.  In  return  for  the  services  due  the  Master  of  Maxwell 
promised  to  assist  Johnstone  in  all  his  affairs,  and  to  give  him,  until  Lord 
Maxwell's  return,  the  profits  of  the  ten  rnerk  land  of  Dryfesdale  and  other 
benefits.1  In  terms  of  the  above  bond  and  of  previous  similar  obligations, 
Johnstone's  appointment  as  warden  ceased  after  the  return  of  Lord  Maxwell 
to  Scotland. 


CHAPTER  SECOND. 

Opposes  English  inroads — Burning  on  the  lands  of  Milk — Capture  of  Johnstone  by  ambush, 
1547 — Sent  prisoner  to  Carlisle  —  House  of  Lochwood  made  an  English  garrison — 
Raids  of  garrison— Laniington  burnt — Johnstone  removed  from  Carlisle  to  Pontefract 
■ — Narrative  of  his  imprisonment — Release  from  imprisonment,  circa  1550. 

From  the  letters  of  the  English  wardens  contained  in  the  "  Hamilton 
Papers"  recently  published,  it  appears  that  the  conduct  of  Johnstone  gave  Sir 
Thomas  "Wharton  a  good  deal  of  anxiety.  He  found  it  impossible  to  secure 
Johnstone  in  the  same  way  as  he  did  Maxwell  to  King  Henry's  service, 
though  he  threatened  to  do  Johnstone  a  "  displeasure  "  if  he  did  not  comply. 
But  Johnstone  was  too  stedfast  and  sturdy  a  Scotsman  to  be  seduced  to  the 
English  interest  against  his  native  country.2 

In  February  1544,  Johnstone  approved  his  hostility  to  England  and  his 
zeal  in  defence  of  his  own  country  by  mustering  his  men,  and  checking  one 
of  the  English  warden's  destructive  raids  into  Annandale.  These  raids 
became  a  prominent  part  of  Henry's  policy,  and  Wharton  was  one  of  the 
most  active  instruments  for  their  execution.  But  on  this  occasion  he  writes, 
with  no  small  chagrin,  that  his  progress  had  been  interrupted.  He  tells  how 
a  party  under  his  command  burned  the  town  of  Annan  "  more  seurly  "  than 
before,  and  also  how  a  number  of  houses  and  steadings  were  destroyed.    Then 

1  Bond  dated  3rd  January  1542-3,  Annandale  Peerage  Minutes  of  Evidence,  1881,  p.  10S2. 

2  Hamilton  Papers,  vol.  i.  pp.  555,  579  ;  vol.  ii.  pp.  129,  136,  169,  184. 


ENCOUNTERS  THE  ENGLISH  AT  LOCKERBIE,   1544.  xxxix 

Johnstone  appeared  with  about  700  men,  and  although  the  English  warden's 
force  consisted  of  3000,  the  Scots  were  able  to  cause  such  "mysorder"  that 
the  raid  to  a  great  extent  miscarried.  "Wharton  writes  that  they  lost  no 
men,  and  brought  home  twenty  prisoners,  but  he  desires  that  in  the  mean- 
time no  more  "  wardayn  roodes  "  may  be  ordered.1  Shortly  after  this  more 
active  and  larger  expeditions  were  made  by  the  English,  and  Wharton  had 
his  revenge,  for  one  foray,  in  April  1544,  upon  Johnstone's  lands  on  the 
Water  of  Milk  resulted  in  the  burning  of  threescore  houses,  with  "muche 
good  corn  and  catail,"  while  the  marauders  carried  off  ten  prisoners,  eighty 
nolt,  twelve  horses,  and  other  property. 

About  the  same  time,  an  encounter  took  place  between  the  Scots  and 
English  at  Lockerbie,  in  which  the  Johnstones  took  part,  though  it  is  not 
said  that  Johnstone  was  there  in  person.  The  conflict  was  a  very  sharp  one, 
and  the  Scots  appear  to  have  had  the  best  of  it,  taking  a  number  of  prisoners.2 
Following  upon  this  Lord  Maxwell,  to  Wharton's  great  disgust,  made  a 
sudden  agreement  with  Johnstone,  although  a  little  while  before  the  English 
warden  had  described  them  to  the  Earl  of  Hertford  as  deadly  enemies.  "  I 
have  hard,"  he  says,  "  Robert  Maxwell  hym  self  soundre  tymes  say  so,  and 
speak  anempst  the  Lard  Johnston  the  worst  wordes  that  could  be  said,  and 
thretenyd  that  he  wold  cause  hyme  to  be  slane.  A  litle  afore  the  Lord 
Maxwells  cummyng  to  your  lordshipe  they  wer  ennemyes."  It  would 
appear  that  a  message  from  Lord  Maxwell,  sent  by  John  Maxwell  of  Cow- 
hill,  was  the  cause  of  this  sudden  reconciliation.3  Wharton  was  more  than 
ever  embittered  against  Johnstone  on  this  account,  and  he  wrote  to  Hertford 
that  he  would  "do  no  lesse  then  to  thuttermost"  for  the  annoyance  of  John- 
stone and  his  adherents,  who  were  to  be  the  first  to  suffer. 

From  the  English  warden's  account  of  a  remarkable  interview  and  con- 
versation with  Sir  Walter  Scott  of  Buccleuch,  we  learn  that  Johnstone  was 
conjoined  in  a  league  with  Buccleuch  and  other  border  chieftains  all  bound 
1  Hamilton  Papers,  vol.  ii.  pp.  281,  282.  2  Ibid.  pp.  725,  726.  3  Rid.  p.  735. 


xl  JOHN  JOHNSTONE,  FIRST  WARDEN,  1524-1567. 

together,  so  that  they  might  act  either  for  or  against  England,  but  their 
inclinations  were  in  favour  of  their  own  country.1 

In  June  1545  Johnstone  was  a  member  of  the  parliament  held  at  Stirling, 
which  without  one  dissentient  pledged  the  country  to  an  alliance  with 
France  against  England,  and  to  the  invasion  of  the  latter  country.2  At  the 
same  time  Johnstone,  with  several  others,  became  surety  for  Eobert,  Master 
of  Maxwell,  that  he  would  keep  the  castles  of  Carlaverock,  Lochmaben,  and 
Thrieve  for  the  queen  and  governor  against  the  English,  until  Lord  Max- 
well's return  from  England,  where  he  was  again  a  prisoner,  or  until  an  over- 
whelming English  force  was  brought  against  him.  The  sureties  also  bound 
themselves  to  have  no  intelligence  nor  intercourse  with  England.3 

The  Master  of  Maxwell,  however,  was  unfortunately  taken  prisoner  in 
September  1545,  and  Lord  Maxwell,  who  was  liberated,  was  coerced  into 
giving  up  Carlaverock  to  the  English,  who  took  possession  of  it  in  October  of 
the  same  year.  The  tower  of  Langholm  was  already  in  their  hands,  but 
efforts  to  recover  it  were  made  by  the  neighbouring  barons,  among  whom 
Johnstone  was  especially  active.  We  learn  this  from  the  correspondence  of 
the  English  wardens,  and  in  October  Lord  Wharton  reported  that  Johnstone, 
with  the  lairds  of  Drumlanrig  and  Lochinvar,  was  keeping  a  great  watch,  by 
sea  and  land,  day  and  night,  round  the  castle  of  Carlaverock.  Another  letter 
states  that  Johnstone  and  his  colleagues  had  received  a  letter  from  the  Scottish 
regent  thanking  them  for  their  services  against  the  defenders  of  the  castle  of 
Carlaverock,  and  exhorting  them  to  be  of  good  cheer,  as  he  meant  to  join 
them  soon  and  reward  them.  The  expedition  referred  to  was  delayed,  but 
ended  in  gaining  the  castles  of  Lochmaben  and  Thrieve  for  the  Scottish 
interest.4  Wharton  wrote  at  the  same  time  that  Lochinvar  and  Johnstone 
were  the  greatest  enemies  of  Lord  Maxwell  in  the  west  of  Scotland,  their 

1  Hamilton  Papers,  vol.  ii.  pp.  46S,  491.  3  Register  of  the  Privy  Council,  vol.  i.  p.  9. 

4  Diurnal    of     Oceurrents,    p.    41  ;    State 

2  Acts   of   the   Parliaments   of    Scotland,       Papers,  vol.  v.  pp.  491,  552  ;  The  Book  of 
vol.  ii.  p,  595.  Carlaverock,  vol.  i.  p.  202. 


WHARTON  ATTEMPTS  TO  BRIBE  JOHNSTONE.  xli 

enmity  arising  from  their  wish  to  supplant  him  in  his  offices,  the  one  in 
Galloway,  and  the  other  in  Annandale.  The  wily  English  warden  lost  no 
opportunity  of  using  this  feeling  for  the  advancement  of  his  master's 
interests,  by  preventing  the  Maxwells  and  the  Johnstones  from  combining 
cordially  in  defence  of  their  country.  In  the  previous  February  he  had 
boasted  to  Lord  Shrewsbury  that  he  had  long  endeavoured  to  stir  up  discord 
between  Johnstone  and  the  Master  of  Maxwell,  and  that  a  feud  had  broken 
out  betwixt  them,  which  the  Scottish  privy  council  had  in  vain  tried  to 
settle.  He  had  offered  Johnstone  three  hundred  crowns  as  a  bribe  for  him- 
self, one  hundred  for  his  brother,  the  abbot  of  Soulseat,  and  one  hundred  for 
his  followers,  if  they  would  put  the  Master  of  Maxwell  in  the  warden's 
power.  The  writer  states  that  Johnstone  had  entered  into  the  plot,  but  that 
he  and  his  friends  "  were  all  so  false  "  that  no  confidence  could  be  placed  in 
them.  But  he  would  be  glad  to  annoy  and  entrap  the  Master  of  Maxwell  or 
Johnstone  to  the  king's  majesty's  honour  and  his  own  poor  honesty.1 

In  November  1545,  the  Scottish  army  assembled  at  Dumfries,  and  Loch- 
maben  and  Thrieve  were  retaken  from  the  English,  but  Carlaverock  continued 
in  their  possession  till  May  1546.  In  the  following  April  1547,  the  English 
privy  council,  in  a  letter  to  Dr.  Wotton,  their  ambassador  in  France, 
announce,  among  other  Dews,  that  the  Scots  of  late  having  made  many  cruel 
incursions,  the  warden  of  the  west  marches,  Lord  Wharton,  had  been  com- 
pelled to  make  reprisals,  and  had  taken  Johnstone  in  an  ambush.2  "We  have 
a  full  narrative  of  this  exploit  from  the  warden  himself  in  a  letter  to  the 
Duke  of  Somerset,  lord  protector  of  England. 

Lord  Wharton  had  received  overtures  from  several  Scotchmen  in  Annan- 
dale  to  serve  the  English  king,  and  these  he  resolved  to  use  for  his  own 
purposes.  Among  others  two  hundred  of  the  name  of  Irving  had  offered 
their  service,  and  boasted  that  "  except  the  bodies  of  the  lard  Johnstone  and 

1  Wharton  to  Shrewsbury,  10th  February  1544-5. 

2  Calendar  of  State  Papers,  1547-1553,  p.  11. 

VOL.  I.  F 


xlii  JOHN  JOHNSTONE,  FIRST  WARDEN,   1524-1567. 

John  Maxwell,"  they  would  compel  every  one  from  the  English  border  to  the 
town  of  Dumfries  to  serve  the  king,  if  "  they  myght  have  sume  enterteigne- 
ment,  being,  as  they  said,  in  povertye."  This  conversation  was  reported  to 
Johnstone,  who  had  recently  returned  to  Lochwood  from  Edinburgh,  and 
he  immediately  summoned  before  him  the  chiefs  of  the  Irvings.  He  told 
them  he  had  heard  of  their  suit  to  the  English  warden,  and  promised,  in  the 
name  of  the  governor  Arran,  that  they  would  be  well  recompensed  for  the 
damage  done  to  them,  adding  that  the  governor  was  to  be  at  Lochmaben  with 
his  whole  force  in  a  few  days,1  so  that  no  suit  need  be  made  to  Wharton. 
This  interview  led  to  a  dispute,  some  of  the  Irvings  accepting  Johnstone's 
proposals,  while  others  doubted  him,  and  adhered  to  the  English  warden. 

Hearing  that  Johnstone  was  then  at  Lochwood,  Wharton  resolved  on  a 
bold  stroke,  which  may  be  related  in  his  own  words : — 

"  I  caused,  upoun  Shyr  Thursdaye 2  in  the  mornyng,  knowing  hym  (Johnstone) 
to  be  at  home,  to  trape  hym  if  I  colde,  fortye  lyght  horsmen  of  Langholme  to 
burne  a  towne  called  Wamfraye  halfe  a  mylle  from  his  house  of  Loughwod,  and 
appoynted  the  capitaign  of  Langholm  with  the  rest  of  the  garyson  to  lye  in  ambushe 
for  the  relefe  of  those ;  and  thinkyng  that  the  lard  Johnstone  wold  come  to  the 
furst  to  \yew  them,  and  so  he  dyd  and  persued  them  sharplye  to  their  ambushe, 
and  he  being  an  over  partye  to  them  boothe  as  I  thought  he  wold,  and  to  gyve 
hym  a  mor  boldnes  to  persue  those  tryed  men,  thynkyng  them  to  have  na 
mor  releife,  which  he  dyde,  and  the  garyson  being  princypall  men  defended  them 
verey  straytlie ;  he  tooke  dyvers  of  the  garyson  and  persued  the  capitaign  and 
others  thinkyng  to  have  all.  I  appoynted  my  son  Henry  Whartone  and  John 
Musgrave  with  the  nombre  of  thre  hondrethe  men  to  lye  in  a  second  ambushe 
who  at  ther  tyme  brook  and  ther  gave  the  overthraw  to  the  Scotis  and  haithe 
taken  prisoneris  the  lard  Johnstone,  thabbot  of  Salsyde  his  brother,  the  lard  of 
Corrye,  the  lard  of  Knok,  the  lord  of  Grauntton,  the  lard  of  Dunwedye  and  his 
eldest  sone  Gawen  Johnstone,  with  others  horsemen  and  footmen  to  the  nombre 
of  sevinscore  and  above." 

1  According    to   Wharton   this   interview  2  A   name  given  to   the  Thursday  before 

took   place,  either  on  the   2d   of   April   or  Good  Friday,  in  this  case  the  7th  of  April 

shortly  after,  and  the  governor  was  to  arrive  1547. 
before  the  17th  of  the  same  month. 


JOHNSTONE  TAKEN  PRISONER  BY  THE  ENGLISH,  1547.  xliii 

Johnstone  did  not  allow   himself  to  be  taken  without   a   struggle,   as 

Wharton  states  that  three  spears  were  broken  upon  him,  and  he  received  a 

wound  in  the  upper  part  of  the  thigh.     The  letter  further  says : — 

"  There  was  viij  Scotis  slayne  and  many  hurte.  Ther  ar  four  Englisliemen 
hurt,  never  one  slayne  nor  takyn.  They  brought  awaye  dyverse  parcellis  of 
goodes,  nolte  and  sheipe.  The  prisoneris  were  takyne  xiiij  mylles  within  Scot- 
land from  Langholme ;  Archebald  Armestrang,  yong  lard  of  Mangertone  of  Lydys- 
daill,  is  the  taker  of  the  lard  Johnstone.  I  have  hym,  the  abbot,  and  the  princypall 
prisoneris  with  me  in  the  town  of  Carlisle  this  Shire  Thursday  nyght ;  yt  may 
please  your  lordshipes  to  comand  how  the  same  shalbe  ordered.  The  kyngis 
majestie  now  haith  the  Maxwellis  and  Johnstones  his  hignes  prisoneris  who 
haithe  borne  a  gret  reulle  of  the  west  partes  of  Scotland."  * 

Within  a  few  weeks  after  the  capture  thus  narrated,  the  house  of  Loch- 
wood  itself,  now  comparatively  deserted,  was  seized  by  an  English  borderer 
and  made  the  source  of  annoyance  to  the  surrounding  district.  This  was 
Sir  Thomas  Carleton  of  Carleton  Hall,  Cumberland,  who  had  made  himself 
very  conspicuous  as  a  lieutenant  of  Lord  Wharton.  He  acted  as  captain  of 
Carlaverock  during  its  occupation  by  the  English.  In  February  1547  he 
had,  according  to  his  own  account,  made  "  a  road  into  Teviotdale  and  got  a 
great  booty  of  goods."  He  had  then  remained  for  some  time  at  Canonbie, 
whence  he  went  to  Dumfries,  where  the  people  submitted  to  him,  and  after 
various  other  exploits  in  the  neighbourhood,  he  and  his  men  returned  to 
Canonbie.  After  the  capture  of  Johnstone,  however,  and  the  submission  of 
the  country,  this  leader,  who  tells  his  own  story,  began  to  consider  Canonbie 
"  to  be  far  from  the  enemy,"  and  as  every  one  in  his  vicinity  had  changed 
sides,  except  the  laird  of  Drumlanrig  and  Carlyle  of  Brydekirk,  he  "  thought 
it  good  to  practise  some  way  we  might  get  some  hold  or  castle,  where  we 
might  lie  near  the  enemy."  While  thus  practising,  a  man  named  Alexander 
Armstrong,  "  son  to  111- Will  Armstrong,"  told  him,  on  the  report  of  a  resident 
in  Annandale,  that  Lochwood,  the  late  residence  of  John  Johnstone  of  John- 

1  Original  letter,  dated  7th  April  1547,  in       Peerage  Minutes  of  Evidence,  vol.  i.  pp.  703, 
Public  Record  Office,   printed  in  Annandale       704. 


xliv  JOHN  JOHNSTONE,  FIRST  WARDEN,  1524-1567. 

stone,  "  was  a  fair  large  tower  able  to  lodge  all  our  company  safely,  with 
a  barnekin,  hall,  kitchen,  and  stables  all  within  the  barnekin,  and  was  but 
kept  with  two  or  three  fellows  and  as  many  wenches." 

The  strength  of  the  tower  and  its  natural  situation,  surrounded  by  almost 
impassable  marshes,  apart  from  the  fact  that  most  of  its  defenders  had  been 
captured,  may  have  led  to  its  being  left  in  so  defenceless  a  condition.  In 
any  case  Carleton  resolved  to  take  advantage  of  the  opportunity  and  sallied 
forth  with  his  whole  troop,  arriving  in  the  vicinity  of  Lochwood  an  hour 
before  sunrise.  Most  of  his  men  lay  concealed  outside  the  wall,  while  about 
a  dozen  climbed  over  it,  "  stole  close  into  the  house  within  the  barnekin  and 
took  the  wenches  and  kept  them  secure  in  the  house  till  daylight."  Two 
men  and  a  woman  were  in  the  tower,  and  at  dawn  one  of  the  former,  rising 
in  his  shirt,  went  to  the  tower  head  and  seeing  no  one  astir,  he  bade  the 
woman  who  lay  in  the  tower  to  get  up  and  open  the  tower  door  and  call  up 
those  that  lay  beneath.  Then,  adds  Carleton,  "  she  so  doing  and  openinglthe 
iron  door  and  a  wooden  door  without  it,  our  men  within  the  barnekin  brake 
a  little  too  soon  to  the  door :  for  the  wench  perceiving  them  leaped  back  into 
the  tower  and  had  gotten  almost  the  wood  door  to,  but  we  got  hold  of  it  that 
she  could  not  get  it  close  to.  So  the  skirmish  rose,  and  we  over  the  barnekin 
and  broke  open  the  wood  door,  and  she  being  troubled  with  the  wood  door 
left  the  iron  one  open ;  and  so  we  entered  and  wan  the  Loghwood." 

Having  gained  this  important  point,  Carleton  left  Armstrong  in  charge 
and  rode  off  to  Carlisle  where  he  reported  his  success  to  Lord  "Wharton,  who 
appointed  him  keeper  of  the  fortress  he  had  taken.  It  was  well  stocked  with 
salted  beef,  malt,  butter,  and  cheese,  and  was  therefore  very  valuable  as  a 
centre  of  operation  against  the  Scots.  In  this  capacity  Carleton  made  ample 
use  of  it.     He  writes, — 

"  I  continued  there  for  some  time,  in  the  service  of  his  Majesty  as  captain  of 
that  house  and  governor  and  steward  of  Annerdale  under  the  Lord  Wharton.  In 
which  time  we  rode  daily  and  nightly  upon  the  King's  Majesty's  enemies  and 


LOCHWOOD  USED  AS  AN  ENGLISH  GARRISON,  1547.  xlv 

amongst  others,  soon  after  our  coming  and  remaining  there,  I  called  certain  of 
the  best  horsed  men  of  the  garrison,  declaring  to  them  I  had  a  purpose,  offered  by 
a  Scotsman  which  would  be  our  guide,  and  that  was  to  burn  Lamington,  which 
we  did  wholly,  took  prisoners  and  won  much  goods,  both  malt,  sheep,  horse,  and 
insight,  and  brought  the  same  to  me  in  the  head  of  Annerdale  and  there  distri- 
buted it.  .  .  .  After  that  I  made  a  road  in  by  Crawfurth  Castle  and  the  head  of 
Clyde  where  we  seized  a  great  bastil  house  of  James  Douglas ;  which  they  held 
till  the  men  and  cattle  were  all  devoured  with  smoke  and  fire :  and  so  we  re- 
turned to  the  Loughwood,  at  which  place  we  remained  very  quietly,  and  in  a 
manner  in  as  civil  order  for  hunting  and  pastime  as  if  we  had  been  at  home  in 
our  own  houses.  For  every  man  within  Annerdale  being  within  twelve  or  sixteen 
miles  of  the  Loughwood  would  have  resorted  to  me  to  seek  reformation  for  any 
injury  committed  or  done  within  the  said  compass,  which  I  omitted  not,  but 
immediately  after  the  plaint  either  rode  myself  and  took  the  party  complained  of 
or  sent  for  him  and  punished  or  redressed  as  the  cause  deserved.  And  the  country 
was  then  in  good  quietness ;  Annerdale,  Nidsdale  and  a  great  part  of  Galloway, 
all  to  the  water  of  Dee  were  come  in  and  entered  pledges."  1 

The  later  references  in  the  above  narrative  show  how  thoroughly  the 
whole  west  border  had  been  subjugated  to  English  influence.  Lists  prepared 
by  the  English  wardens  of  those  gentlemen  and  barons  on  the  Scottish  border 
who  had  given  in  their  adherence  to  England,  and  their  followers,  show 
totals  of  between  5000  and  7000  persons,  according  to  the  districts  included. 
Many  Johnstones  are  included,  among  whom  appears  William  Johnstone, 
brother  of  the  chief.  Johnstone  himself  remained  a  prisoner  for  some  time, 
notwithstanding  the  efforts  of  the  Scottish  governor,  who  is  said  to  have  been 
much  vexed  at  his  capture.  An  attempt  was  made  to  effect  an  exchange 
when  Langholm  was  taken  by  the  Scots,  but  though  one  writer  states  that 
this  was  done,  the  negotiations  appear  to  have  been  unsuccessful,  and  a 
similar  fate  apparently  befell  a  special  remonstrance  and  embassy  despatched 
by  Arran  in  May  1547.2  Johnstone  was  still  in  England  in  November  1547, 
two  months  after   the  battle  of  Pinkie,  where  the  Scots  sustained  such  a 

1  Carleton's  narrative,  cited  in  M'Dowall's  History  of  Dumfries,  pp.  228-230. 

•  Thorpe's  Calendar  of  State  Papers,  vol.  i.  pp.  62,  63  ;  Diurnal  of  Occurrents,  pp.  43,  44. 


xlvi  JOHN  JOHNSTONE,  FIRST  WARDEN,  1524-156?. 

signal   defeat.      Dumfriesshire,   including   Annandale,   was    almost    wholly 

under  English  rule,  and  Johnstone  appears  to  have  resigned  himself  to  the 

inevitable.     Wharton  writes  of  him  in  a  letter,  which  is  unfortunately  much 

torn,  "  the  larde  Johnstone  is  a  good  example  upon  thes  marches,"  the  reason 

apparently  being  that  having  lost  his  house  and  his  property,  he  had,  for 

the  time,  desired  to  swear  allegiance  to  the  English  monarch.     Lord  Wharton 

adds,  "  I  receyvid  oothe  of  hyme  before  a  gret  nombre  of  people ;  all  his  men 

was  afore  sworne,  and   thare   hostages   laide,   yet   I   wold   that   he,  being 

presoner,  and  now  pledis  for  hymself,  shuld  be  removed  from  Carlisle  untill 

thes  the  kingis  majesties  servyces  be  more  perfyted." 1 

It  would  appear  that  such  a  removal  was  effected,  and  that  Johnstone 

was  for  a  time  confined  in  Pontefract  Castle.    A  paper,  without  date,  but 

probably  written  about  this  time  or  the  beginning  of  1548,  refers  to  him  as  a 

gentleman  whose  rental  was  "  100  marks  sterling  or  above,  for  whom  the 

king's  majesty  has  paid  100  merks  in  part  payment  for  ransom  to  his  taker," 

he  being  then  in  Pontefract.2     Johnstone's  tower  of  Lochwood  was  still  in 

English  hands.     Of  it  Lord  Wharton  writes  to  the  Duke  of  Somerset : — 

"Considering  the  house  of  Loughwod  the  lard  Johnstons  howse,  not  to  be 
tenable  but  for  garresoun  to  lye  in  the  same  amongst  the  contre  men  assuered,  I 
devysed  how  the  same  myght  be  kept  after  this  gret  treasoun,3  and  forasmuche 
as  victuall  was  had  therunto  from  owt  of  this  realme,  the  contre  being  wasted 
and  that  howse  also  standing  xxxte  rnylles  from  Carlisle,  and  nochtwythstandynge 
I  furnysshed  the  same  wyth  all  necessaryes  and  victuall  for  two  moneths  yet  I 
could  have  nather  horsemen  nor  footmen  that  wold  tak  on  band  to  lye  ther 
except  vii  footmen,  wherof  the  most  part  was  myne  owne  servantis.  And  that 
matter  so  standynge,  and  havinge  with  me  James  Johnstoun,  called  Abbot  of 
Salsyd,  brother  to  the  lard  Johnstoun,  and  others,  cheif  of  that  name  whom  I 
have  found  of  the  best  sorte  of  Scottis  sens  they  wer  wone,  resolved  to  delyver 

1  Wharton  to  Somerset,  5th  November  appears  to  be  the  defection  of  John,  Master 
1547 ;  Annandale  Peerage  Minutes  of  Evi-  of  Maxwell,  afterwards  fourth  Lord  Herries, 
dence,  pp.  704,  705.  from  an  agreement  with  the  Earl  of  Lennox 

2  M  'Do wall's  History  of  Dumfries,  pp.  and  Lord  Wharton,  which  led  to  the  defeat  of 
232,  233.  the  Earl,   then  in  the  English  interest,  at 

3  The   "  gret  treasoun  "   here  referred  to  Dumfries. 


Johnstone's  imprisonments  in  England,  1547.  xlvii 

that  howse  to  the  kepinge  of  the  said  abbott.  ...  I  trust  yet  to  cause  thos 
Johnstons  be  with  others  a  scourge  to  the  Maxwellis  and  ther  bandis.  I  have 
abayted  of  the  others  garresoun  for  that  enterteignement,  beseechinge  your  grace 
that  I  may  knowe  your  graces  pleasour  howe  I  shall  further  proced  and  doo 
with  that  howse  and  the  Johnstons." 1 

The  preceding  notices  of  Johnstone  have  been  supplied  from  English 
sources,  and  these  seem  to  imply  that  he  had  given  allegiance  to  England. 
If  this  had  been  so,  it  might  have  been  supposed  he  would  be  set  at  liberty. 
Another  account,  however,  and  one  prepared  by  the  hand  of  Johnstone  him- 
self, throws  a  different  light  on  the  matter,  and,  allowing  for  the  fact  that  he 
is  his  own  witness,  is  so  interesting  a  narrative  that  it  may  be  fully  quoted 
from.  It  takes  the  form  of  a  letter  or  application  to  the  queen-dowager, 
governor,  and  lords  of  privy  council  in  Scotland  for  aid  in  paying  his  ransom, 
and  in  support  of  his  plea  he  gives  a  full  narrative  of  his  misfortunes. 

The  supplication  commences  with  an  explanation  of  the  circumstances 
of  his  person  and  place  being  captured  in  April  1547  by  Sir  Harry  Wharton, 
warden-depute  of  the  West  Marches  of  England.  In  the  course  of  the 
attack,  Johnstone  was  seriously  hurt  to  the  danger  of  his  life,  five  of  his 
best  friends  slain,  and  himself  and  others  taken  prisoners  to  the  number  of  one 
hundred.  As  a  prisoner  of  England  Johnstone  was  incarcerated  successively 
in  the  castles  of  Carlisle,  Lowther,  Pontefract,  Whartonhall  and  Hartlie,  in  all 
of  which  he  was  treated  with  great  cruelty,  as  represented  by  himself : — 

"  In  strait  presoun  ...  be  lang  space  therm,  sumtyme  persuadand  me  be 
offerris  of  grete  proffit  and  vtheris  promissis  to  tak  parte  with  thaim  for  the  furth- 
setting  of  thair  purpose  towart  the  hurt  and  subiectioun  of  this  realme,  and  sum- 
tyme bostand  me  be  scharp  wordis  and  evill  treting  to  accept  the  samin,  and 
becaus  I  refusit  to  fulfill  thair  desyris,  thai  had  and  careit  me  fra  the  said  castell 
of  Carlill  to  the  castell  of  Lowthyr,  and  thair  put  and  layit  me  in  strait  presoun 
within  the  samin,  and  layit  irnis  and  fettaris  vpoun  and  trubillit  me  thairwith,  in 
sic  maner  that  I  behuvit  to  ly  on  my  bak  with  all  my  clathis  on  my  body  alswell 
be  day  as  nycht  be  lang  space,  and  frathyne  brocht  me  agane  to  the  said  castell 

1  Letter,  Wharton  to  Somerset,  14th  March  1547-8.      Annandale  Peerage,  Minutes  of 
Evidence,  p.  702, 


xlviii  JOHN  JOHNSTONE,  FIRST  WARDEN,  1524-1567. 

of  Carlill,  and  presonit  me  thairin  as  of  befoir,  and  schortlie  thaireftir  careit  me 
to  the  castell  of  Pumfraycht,  and  ther  held  me  in  strait  presoun,  within  ane  house, 
to  the  space  of  tua  yeris.  ...  In  the  tyme  of  my  being  in  the  castell  of  Carlill, 
intending  to  haif  gottin  me  secretelie  distroyit  thai  gaif  me  evill  and  vnhailsum 1 
metis  and  drinkis,  and  throu  eting  and  drinking  thairof  I  tuke  havy  seiknes,  and 
lay  therin  be  the  space  of  sex  owkis  in  parrell  of  my  life,  and  I  being  convalescit, 
had  me  fra  the  said  castell  to  Quhartownhall  quhair  thai  gaif  me2  evill  drinkis 
and  metis  agane,  throu  the  quhilk  I  fell  in  new  seiknes  and  lay  in  perrell  of  my 
life  be  the  space  of  ane  moneth  nixt  thaireftir,  and  syne  I  wes  had  to  the  castell  of 
Hartlie,  and  when  the  protectour  of  Ingland  com  to  the  Newcastell  with  the  arm}' 
of  Ingland  laitlie  befoir  the  feild  of  Pinkiecleuch,  I  wes  send  be  the  warden  of 
Ingland  to  him,  quhair  he  proponit  to  me  his  mischewose  purpose  takin  towart 
the  hurt  and  destructioun  of  this  realme,  and  offerrit  to  me  grete  rewardis  and 
proffitt  to  fortyfy  the  samin,  and  becaus  I  refusit  to  satysfy  his  desyris,  he  send  me 
agane  to  Hartlie,  quhair  I  wes  kepit  in  strait  presoun  and  evill  tretit  in  mett, 
drink,  and  bedding,  nochtwithstanding  that  I  sustenit  grete  expensis  thairupoun." 

Johnstone  proceeds  to  complain  that  his  tower  of  Loch  wood  was  nocturn- 
ally  invaded,  himself  and  servants  injured,  and  cattle  and  sheep  plundered  : — 

"  And  syne  causit,  in  the  moneth  of  October  the  zeir  of  God  Im  vc  and  xlvii 
zeris,  Thomas  Carriltoun,  with-  ane  grete  oist  and  garisoun  of  Ingilismen  and 
Scottis  trattouris,  to  cum  to  my  hous  and  toure  of  Lochwod,  quhair  vnder  silence 
of  nycht  thai  clam  the  barnkin  therof,  and  enterit  in  my  said  hous  and  brint  and 
distroyit  the  samin,  togiddir  with  my  haill  place,  and  spulzeit  and  tuke  furth  of 
the  samin  the  haill  insycht  gudis,  vic[tua]ls  and  plenissing  therof,  the  valour 
of  ane  thousand  and  five  hundreth  pundis,  and  tuke  furth  of  the  ground  of  my 
heretage  takkis  and  stedingis  ane  thousand  heid  of  nowt,  and  thre  flokkis  of 
scheip  of  my  awin  propir  gudis,  and  duelt  and  remanit  in  my  said  place,  quhill 
thai  had  etin  and  distroyit  the  haill  cornes  of  my  grayngis  of  Lochwod,  Thornhill, 
and  Eicardrig,  extending  to  ane  thousand  bollis  of  aittis,  quheit  and  beir,  and  at 
that  samin  tyme  brint,  hereit  and  distroyit  my  pure  tenentis,  and  reft  and  tuke 
fra  thaim  ane  thousand  heid  of  nowt,  ten  flokkis  of  scheip,  tuenty  scoir  of  horse, 

1  In  the  manuscript  the  original  words  read  "  evill  and  vnhailsum." 
"thai  stall  (stole)  poysoun  in  my  metis  and  2"Pysoun"  deleted  in  text.     The  words 

drinkis,"  then  the  words  "stall  poysoun  in  "  "evill  drinkes  and  metis"  interlined.     The 

are  deleted,   and  "gaif  me"  interlined,  while  words   "in  my  meitts  and  drinkis"  deleted 

on  the  margin  opposite  are  written  the  words  after  the  word  "  agane  "  in  the  original, 


CRAVES  ASSISTANCE  FOE  PAYMENT  OF  HIS  RANSOM.  xlix 

and  mens,  togidder  with  ther  haill  comes,  insycht  gudis,  victualis,  and  plenissing 
of  thair  houssis  and  stedingis,  and  put  tliaim  to  vtir  hirschip  and  begartie." 

In  the  next  sentence,  Johnstone  comes  to  the  point  and  reason  of  his 
application  : — 

"And  now  laitlie  Cuthbert  Musgraif,  Inglisman,  to  quhora  the  counsale  of 
Ingland  assignit  the  proffitt  of  my  ransom  at  Candilmes  last  bypast,  licent  me  to 
cum  hame  vpoun  souirtie  to  entir  agane  to  him  in  Ingland  vpoun  Law-Sonday 
nixt-to-cum,  or  ellis  to  pay  to  him  ane  thowsand  and  tua  huudretht  crownes  of  the 
sone  :  Howbeit,  in  verite,  I  haif  na  maner  of  money  nor  yit  gudis  to  mak  money 
of  .  .  .  Heirfore  I  beseik  your  graces  and  lordschippis  that  sen  I  haif  bene  pre- 
sonit,  demanit,  hurt  and  trubillit  in  my  persoun  and  my  self  and  my  tenentis  brint, 
hereit  and  distroyit  in  maner  foirsaid,  swa  that  I  haif  na  maner  of  movable  gudis, 
and  my  landis  and  rowmes  lyand  waist,  quhilkis  na  man  will  by  fra  me  nor  tak 
in  wadset,  quhairthrou  I  can  get  na  money  to  pay  the  said  soume  of  ane  thousand 
and  twa  hundred  crownes  of  the  sone  ;  and  sen  I  haif  remanit  ane  trew  Scottis- 
man  and  subiect  to  our  souerane  lady,  and  nevir  tuke  promt  of  oure  saidis  auld 
inymeis,  bot  at  my  vtir  power  resistit  to  thair  opinioun  in  defence  of  this  realme 
and  liberte  thairof,  quhair  I  wes  oft  tymes  swadit  be  thaim  baytht  be  proffit  and 
reward,  to  have  done  the  contrare;  that  ye  will  tak  consideratioun  of  the  premissis, 
and  sen  it  lyis  nocht  in  my  power  to  outred  the  said  sowme  to  the  said  Cuthbert, 
and  in  defalt  of  payment  thairof  at  the  day  foirsaid,  quhilk  approchis  neir,  [I] 
man  entir  in  Inglande  and  nevir  able  to  be  relevit  furth  of  the  samin  ;  that  ye 
will  for  my  trew  seruice  at  this  tyme  support  me  that  the  said  soume  may  be  pay  it 
and  I  relevit  of  my  entre  in  Ingland  ;  and  God  willing  I  salbe  about  to  do  sic 
seruice  to  oure  souerane  lady,  weill  and  honour  of  hit  realme  and  lieges  in  con- 
trare oure  saidis  inymeis,  and  for  the  rest  and  tranquillite  of  the  cuntre  that  your 
graces  and  lordschippis  sail  think  the  samin  weill  warit,  and  your  ansuer  humilie 
beseik."  x 

What  response  was  made  to  this  earnest  appeal  is  not  recorded,  but  it 
must  have  been  favourable,  as  Johnstone  appears  to  have  been  at  liberty  in 
the  beginning  of  the  year  1550. 

1  Original  draftf  supplication,  without  date,  but  apparently  about  April  1549,  in  Annan- 
dale  Charter-chest. 

VOL.  I.  G 


JOHN  JOHNSTONE,  FIRST  WARDEN,    1524-1567. 


CHAPTER  THIRD. 

Ajspointed  to  divide  the  Debateable  land — Bond  to  him  by  his  clansmen — Member  of 
parliament  1560— Admonished  by  the  Privy  Council  1564 — Imprisoned  in  Edinburgh 
— Dispute  with  the  Master  of  Maxwell. 

In  the  month  of  December  1552  the  chief  of  the  Johnstones,  along  with 
Sir  John  Maxwell  of  Terregles,  was  appointed  a  commissioner  to  exchange 
with  the  English  commissioners  the  confirmations  of  the  treaty  settling  the 
boundaries  of  the  Debateable  land.  That  territory  from  its  position  was 
a  constant  battlefield,  being  claimed  by  England  and  Scotland  in  turn,  and 
also  being  neutral  ground  it  gave  a  certain  refuge  for  the  lawless  of  both 
countries.  The  treaty  in  question  and  the  division  of  the  territory  by  a 
definite  boundary  line  put  an  end  to  the  main  cause  of  strife  on  the  borders, 
but  the  lawless  and  turbulent  habits  of  the  people  continued  for  several 
generations.  The  chiefs  of  clans,  especially  those  who  were  responsible  for 
good  government,  were  still  held  liable  for  the  misdeeds  of  their  followers, 
if  they  failed  to  punish  these,  or  to  present  the  offenders  before  a  court  of 
justice.  Such  a  failure  caused  Johnstone  to  be  confined  for  a  time  in  the 
castle  of  Edinburgh,  whence  he  was  liberated  by  order  of  the  queen-regent 
in  October  1554,  on  condition  of  his  surrendering  certain  of  his  clan  who 
were  accused  of  theft.  He  was  also  to  enforce  restitution  of  all  goods 
stolen  since  the  tenth  day  of  the  previous  April.  To  aid  him  in  this 
act  of  justice,  a  royal  proclamation  was  issued  requiring  his  whole  clan  and 
friends  and  their  dependants  to  assist  him,  under  pain  of  loss  of  life  and 
goods  if  they  refused.1 

One  result  of  his  efforts  on  this  and  similar  occasions  was  a  bond  granted 

to  the  chief  by  his  clansmen,  who  met  at  the  chapel  of  Dinwoodie  to  sign  it. 

They  complain  that  the  queen-regent  has  their  pledges  or  sureties  confined 

"  in  syndrie  castellis  for  guid  reule  to  be  kepit  in  the  cuntre,  quhilk  is  tedius 

1  19th  October  1554,  pp.  24,  25  of  this  volume. 


BOND  TO  SUPPORT  THE  GOVERNMENT,  1556.  li 

and  veray  sumptuous  to  ws  and  maye  noclit  guidlie  susteine  the  expense 
therof."  They  desire  that  their  chief  would  find  them  some  remedy,  and 
some  ready  way  by  which  to  have  their  pledges  restored  to  liberty.  In 
return  they  bind  themselves  that  if  any  Johnstone  belonging  to  them  while 
they  are  pledged  shall  commit  theft,  fire-raising,  or  any  other  crime,  they 
shall  immediately  search  for  and  seize  the  culprit,  and  present  him  to  their 
chief  to  be  punished  according  to  his  deserts.  If  they  were  unable  to  appre- 
hend the  guilty  party  after  using  all  diligence,  they  bind  themselves  "to 
birne,  hery,"  and  expel  him  from  the  district,  and  to  give  redress  to  the 
person  aggrieved.  This  document  was  signed  in  presence  of  Sir  James 
Douglas  of  Drumlanrig,  then  warden  of  the  West  Marches.1 

In  the  following  February  1556,  Johnstone  himself  entered  into  a  bond  to 
the  government.  I'1  this  writ  he  refers  to  his  release  from  confinement  in 
expectation  of  his  good  service  in  punishing  offenders  against  the  laws,  and 
states  that  he  has  induced  the  principal  men  of  his  surname  and  clan  to  bind 
themselves  to  assist.  He  therefore  binds  himself  "  to  stand  and  abyde  at  thair 
avyse  and  counsale  in  all  thingis  concernyng  the  quenis  grace  and  tranquil- 
lite  of  the  cuntre  "  in  punishing  trespassers,  keeping  good  rule,  and  maintain- 
ing his  clan  in  their  possessions.  He  promises  to  assist  in  the  pursuit  of  any 
powerful  marauder,  and  where  the  execution  of  justice  leads  to  deadly  feud, 
lie  will  take  the  side  of  the  oppressed.  He  also  binds  himself  to  obey  and 
attend  the  warden  on  days  of  truce  and  other  assemblies  when  required. 
These  various  mutual  bonds  do  not,  however,  appear  to  have  given  full  satis- 
faction in  the  carrying  them  out,  as  at  a  later  date  the  Scottish  privy  council 
issued  a  proclamation  requiring  the  principal  men  of  the  clan  by  name  to  aid 
in  enforcing  respect  for  the  laws.2 

Johnstone  appears  to  have  joined  the  Protestant  party  at  the  Eeforma- 
tion,  and  was  a  member  of  the  parliament  which,  in  August  1560,  ratified 

1  Bond,  dated  14th  November  1555,  pp.  25,  26  of  this  volume. 

2  Proclamation,  dated  4th  Septeniber_1560,  narrating  the  bond  of  Sth  February  1555-6, 
pp.  20-29  of  this  volume. 


lii  JOHN"  JOHNSTONE,  FIRST  WARDEN,  1524-1567. 

the  first  confession  of  faith,1  but  he  is  nowhere  recorded  as  taking  an 
active  part  in  the  history  of  the  period.  His  name  occurs  chiefly  in  connec- 
tion with  the  Borders,  which  continued  to  be  lawless  and  turbulent,  notwith- 
standing all  the  means  taken  to  repress  crime.  There  were  constant  bonds 
by  Johnstone  to  the  warden,  then  Sir  John  Maxwell  of  Terregles,  to  enter 
offenders,  and  by  various  Jolmstones  in  support  of  their  chief,  but  no  great 
good  resulted  from  these. 

On  the  other  hand,  Johnstone  himself  was  looked  upon  as  a  promoter 
of  disorder,  so  much  so  that  he  was  summoned  before  the  privy  council, 
and  received  a  severe  admonition.  He  was  accused  of  wilfully,  with  his 
two  sons,  remaining  "  at  the  home  "  or  in  a  state  of  outlawry  (apparently 
for  debt),  riding  openly  with  men  armed  with  jacks  and  spears,  and  threaten- 
ing those  who  were  "  trew  men."  He  was  further  charged  with  maintaining 
Gilbert  Johnstone  of  Poldean,  a  fugitive  accused  of  theft  and  fire-raising,  and 
refusing  to  deliver  him  to  the  warden,  even  though  desired  to  do  so  by  the 
culprit's  own  father.  Other  accusations  were  his  allowing  thieves  to  dwell 
on  his  lands,  and  that  he  "  preissit  to  marie  his  dochtir  with  Edward 
Irewing  of  the  Boneschawis  sone ;  and  finalie,  wes  displesit  with  all  guid 
ovdour,  as  his  lyff  and  doingis  did  weill  declair."  The  council  charged  him, 
without  delay,  to  obey  the  law  and  pay  his  debts,  and  obtain  relaxation 
from  the  home  ;  to  deliver  Gilbert  Johnstone  to  the  warden,  and  keep  his 
possessions  free  from  theft  and  reset,  and  in  good  order,  and  that  he  do  not 
ally  his  daughter  with  Irving's  son :  "  Certifiand  and  assurand  him  gif  he 
failzeis  herein,  the  quenis  majestie  will  sa  vigorouslie  puneis  him  for  his 
offence  that  the  West  Marchis  sail  tak  exempill  thairof,  quhilk  sail  nocht 
onelie  extend  to  his  awin  skayth,  bot  his  hous  sail  nevir  forget  it." 2 

This  warning  was  given  on  21st  December  1564,  and  it  was  added  signi- 
ficantly  that  the  punishment  was   presently  omitted  rather  because  of  the 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  ii.  p.  52(3. 

2  21st  December  1564.     Register  of  the  Privy  Council,  vol.  i.  pp.  306,  ?07. 


QUARREL  WITH  JOHN  MAXWELL,  LORD  HERRIES,  1566.  liii 

queen's  clemency  and  the  warden's  intercession  than  because  of  Johnstone's 
own  life  and  bygone  deserts.  He  was  allowed,  until  the  1st  of  January,  to 
consult  with  his  friends,  but  he  was  told  that  if  he  did  not  take  steps  to 
release  himself  and  his  sons  from  "  tlie  home  "  before  the  1st  of  February,  he 
was  to  "  lake  for  na  uther  favour  bot  to  be  repute,  haldin,  and  persewit  as  a 
rebellious,  wickit,  and  dissobedient  persoun,  and  to  be  puiieist  thairfoir 
accordinglie."  As  already  stated,  his  being  at  "  the  home,"  as  it  was 
technically  called,  was  apparently  owing  to  his  being  in  debt,  and  liable  to 
diligence  at  the  instance  of  some  creditor.  From  this  condition  the  council 
wished  him  to  release  himself,  but  either  he  failed  to  do  as  required  or  wished 
to  evade  the  greater  punishment  threatened,  as  he  and  one  of  his  sons  were 
imprisoned  for  debt,  apparently  in  Edinburgh.  A  few  months  later,  however, 
on  17th  July  1565,  a  special  mandate  was  signed  by  the  queen  for  his  libera- 
tion, because  his  services  were  required  on  the  West  Marches.  In  obedience 
to  this  mandate,  he  was,  by  proclamation  at  the  cross  of  Edinburgh,  released 
from  the  process  of  horning  against  him,  and  the  wand  of  peace  delivered  to 
Itobert  Johnstone,  his  son,  in  his  name.1  It  is  probable  that  the  hostile  atti- 
tude of  Murray  and  some  other  nobles  towards  the  queen's  marriage  may 
have  led  to  Johnstone's  release.  He  next  appears  on  the  21st  September  1565, 
along  with  other  gentlemen  of  his  immediate  neighbourhood,  in  a  bond  of 
allegiance  to  the  king  and  queen.  They  also  bind  themselves  to  obey  the 
Earl  of  Bothwell  or  any  other  warden,  in  resisting  their  Majesties'  rebels  or 
an  invasion  from  England,  to  which  country  Murray  had  appealed  for  aid.2 

In  the  beginning  of  the  following  year,  1566,  Johnstone  had  a  serious 
dispute  with  the  Master  of  Maxwell,  better  known  as  Lord  Hemes, 
then  warden.  The  cause  of  quarrel  is  not  clear,  but  it  may  have  been 
excited  if  not  aggravated  by  the  cruel  conduct  of  Maxwell  to  one  of 
Johnstone's  retainers,  a  noted  thief,  whom  the  warden  had   captured,  and 

1  Original  letters  and  messenger's  execution,  17th  July  1565,  in  Annandale  Charter-chest. 

2  Register  of  Privy  Council,  vol.  i.  p.  37S. 


liv  JOHN  JOHNSTONE,  FIRST  WARDEN,   1524-15G7. 

whom  lie  caused  to  be  burned  at  the  cross  of  Dumfries.  Johnstone  appears 
first  to  have  brought  a  series  of  accusations  against  Maxwell  and  then  offered 
to  prove  them  by  way  of  combat.  Maxwell  wrote  asking  Queen  Mary's  per- 
mission to  defend  himself.  He  offered  in  his  own  person  to  oppose  Johnstone 
or  any  of  his  sons,  or  any  other  of  that  clan,  or  with  forty,  fifty,  or  one  hundred 
Maxwells  to  enter  the  lists  against  a  similar  number  of  Johnstones.1  It  does 
not  appear,  however,  that  any  such  combat  took  place.  Johnstone  is  referred 
to  in  June  1567  as  refusing  to  obey  Lord  Herries  as  warden,  being  supported 
by  Both  well's  influence.  A  summons  was  addressed  to  him  on  19th  September 
1567,  by  the  privy  council  of  Scotland,  desiring  him  and  various  other 
gentlemen  on  the  West  Marches  to  meet  with  the  council  on  6th  October  to 
advise  as  to  the  suppression  of  disorders  in  that  district.2 


CHAPTER  FOURTH. 

Land  Transactions  of  this  Chief — Thornyfiat  ordered  to  be  restored — Occupancy  of  Branrig 
— Infeft  in  Johnstone — Lands  erected  into  the  Barony  of  Johnstone  1543 — Lease  of 
Harthope — Gift  of  Thornick — Rights  over  Castlemilk. 

It  is  now  necessary  to  direct  attention  to  the  various  charters  obtained 
by  this  Johnstone  chief,  mention  of  which  would  have  interrupted  the 
course  of  the  main  narrative.  Of  these  only  two  occur  before  the  death 
of  King  James  the  Fifth.  The  first  is  a  mandate  directed  by  the  king  on  12th 
July  1536  to  the  steward  of  Annandale  requiring  him  to  restore  Johnstone 
to  the  possession  of  the  lands  of  Thorniflat,  of  which  he  had  been  wrongfully 
despoiled.3  The  second  is  a  letter  by  the  same  king  addressed  to  John 
Maitland  of  Auchingassill  regarding  Johnstone's  occupancy  of  the  lands  of 
Branrig  and  Mitchell  Slacks,  which  he  held  as  tenant  under  Maitland,  and 
from  which  the  latter  had  warned  him  to  remove.     The  king  wrote  that  as 

1  Letters,  Lord  Scrope  to  Bedford  and  Cecil,  16th  and  19th  January  1565-6.     Calendar 
of  State  Papers,  Foreign,  1566-8,  pp.  5,  6. 

2  Register  of  the  Privy  Council,  vol.  i.  p.  570.  3  Vol.  ii.  of  this  work,  p.  1. 


ERECTION  OF  THE  BARONY  OF  JOHNSTONE,  1543.  lv 

the  warning  was  issued  without  Johnstone's  having  committed  any  fault,  he 
being  then  warded  in  Dumbarton,  his  Majesty  must  needs  defend  him  in 
his  rights  and  possessions  so  long  as  he  was  in  ward.  The  king  had  previously, 
he  says,  written  to  Maitland  on  behalf  of  Johnstone's  continued  occupancy, 
so  long  as  he  paid  his  rents,  and  specially  during  his  imprisonment,  which 
missive  had  been  disobeyed,  much  to  his  Majesty's  astonishment, — "  con- 
sidering it  was  nevir  nor  yit  is  the  vse  and  custume  of  our  realme  to  put  ony 
auld  tenant  furth  of  his  maling  sa  lang  as  he  pais  his  malis  and  dewiteis 
thankfullie  and  makis  na  fait."  The  king  expressly  desires,  therefore,  that 
Johnstone  may  be  allowed  to  continue  his  occupancy  in  peace  "  conforme  to 
the  said  auld  lovabill  vse  and  consuetude  of  our  realme  obseruit  and  kepit  in 
sic  caisses  in  tymes  bigane."  The  king  concludes  with  thanks  and  promises 
of  goodwill,  if  his  pleasure  be  obeyed,  and  he  requests  an  affirmative  answer 
by  the  bearer.1 

The  Eegent  Arran  appears  to  have  held  the  chief  of  the  Johnstones  in 
much  favour,  both  on  account  of  his  services  against  the  English,  and  also 
perhaps  owing  to  the  marriage  alliance  between  the  families.  In  consequence 
of  this  the  youthful  queen,  Mary  Queen  of  Scots,  with  consent  of  James,  Earl 
of  Arran,  governor,  for  the  good  and  faithful  service  done  by  John  Johnstone  of 
Johnstone,  in  resisting  the  old  enemies  of  England  on  the  borders  for  defence 
of  the  kingdom,  granted  a  charter  under  the  great  seal  to  him  of  the  whole 
lands  of  Johnstone,  with  tower  and  fortalice,  with  advowson  of  the  parish 
church  of  Johnstone,  the  twenty  pound  land  of  Kirkpatrick,  namely,  the  ten 
pound  land  of  Dowskelly  with  mill  and  ten  pound  land  of  Caversholme,  ten 
merk  land  of  Wamphray,  eighteen  merk  land  of  Polbudy  (Polmoody),  the 
five  pound  land  of  Hardgraif,  all  in  the  stewartry  of  Annandale ;  also  four 
merks  of  annual  rent  from  the  lands  of  Thornequhat  in  the  same  stewartry, 
with  the  office  of  coroner  of  Annandale,  which  all  belonged  to  John 
Johnstone  and  were  resigned  by  him.     The  queen  also  erects  the  whole 

1  Original  letter,  dateil  28th  June  1542,  vol.  ii.  of  this  work,  p.  2. 


Ivi  JOHN  JOHNSTONE,  FIRST  WARDEN,  1524-1567. 

lands  into  a  Free  Barony  to  be  called  the  Barony  of  Johnstone, 
ordaining  the  fortalice  of  Johnstone  to  be  the  principal  messuage, 
one  sasine  to  be  taken  there  sufficing  for  the  whole  lands;  to  be  held 
by  the  said  John  Johnstone  of  that  ilk  in  liferent,  and  to  James  John- 
stone, his  son  and  apparent  heir,  and  the  heirs  -  male  of  his  body 
lawfully  to  be  procreated,  whom  failing  to  Bobert  Johnstone,  his  brother- 
german,  and  the  heirs-male  of  his  body,  whom  failing  to  Adam  Johnstone 
of  Corry,  "William,  John,  and  Symon  Johnstone,  brothers-german  of  John 
Johnstone  of  that  ilk,  successively,  and  the  respective  heirs-male  of  their 
bodies,  whom  failing  to  the  nearest  heirs-male  bearing  the  arms  and  surname 
of  Johnstone  whomsoever,  of  the  queen  and  her  successors  in  fee  and 
heritage  and  free  barony  for  ever,  for  rendering  yearly  one  silver  penny  at 
the  town  of  Johnstone  at  Whitsunday  in  blench  ferm,  if  asked ;  and  reserv- 
ing a  reasonable  terce  to  Elizabeth  Jardine,  spouse  of  the  said  John  Johnstone. 
The  charter  had  the  great  seal  affixed  at  Edinburgh,  2d  March  1542-3. 1 
Arran,  the  governor,  also  gave  him  a  lease  of  the  lands  of  Harthope,  Upper 
and  Nether  Howcleuch,  with  Baecleuch,  all  in  the  county  of  Lanark,  for 
nineteen  years.  A  few  months  later  he  made  his  natural  son,  John  John- 
stone, his  cessioner  in  the  lands  so  leased.2 

Another  transaction  which  John  Johnstone  of  Johnstone  entered  into  with 
certain  members  of  his  clan  was  an  agreement  in  May  1545  between  him  and 
Herbert,  Thomas,  Gilbert  and  James  Johnstones,  sons  of  the  deceased  Simon 
Johnstone  of  Poldean.  They  quitclaimed  and  resigned  in  his  favour  their 
right  to  the  ward  and  non-entries  of  the  lands  of  Laverhay  and  Broomhills, 
lying  from  the  Whitelawbeck  down,  with  the  profits,  as  detailed  in  the  gift 
to  Simon  their  father.     Johnstone  in  return  discharged  in  their  favour  all 

1  Registrant   Magni    Sigilli,    vol.    iii.    No.  as  the  charter.     They  were  followed  by  sasine 

2S74.     There  are  in  the  Annandale  Charter-  on  7th  March  1543. 

chest  the  original  resignation  of  the  lands  by  2  Gift  of  lease  dated  10th  January  1543, 

John  Johnstone  of   that  ilk   and   the  crown  and  assignation  to  John  Johnstone  5th  July 

precept  for  his  infeftment,  both  of  same  date  1543,  in  Annandale  Charter-chest. 


ACQUIRES  RIGHTS  OVER  CASTLEMTLK.  lvii 

right  and  kindness  he  had  to  the  lands  of  Whitelawbeck  upwards,  except 
the  lands  of  Karnehill,  Glengap  and  Garrogill,  of  the  rents  of  which  he 
grants  himself  to  be  paid.  He  also  agreed  to  give  a  lease  of  these  lands. 
The  agreement  was  signed  by  all  parties  at  the  house  of  Lochwood.1 

Another  gift  was  given  to  Johnstone  of  the  ward  and  non-entries  of  the 
lands  of  Thornick  and  others,  belonging  to  the  late  Eobert  Grahame  of 
Thornick,  father  of  the  late  Eobert  Grahame  of  Thornick  last  deceased ; 
also  the  marriage  of  the  child  or  children   born  between  the   late  Ninian 

Grahame,  son    and    apparent   heir   of   the  last  deceased   Eobert   and  

Johnstone  his  widow.2  The  lady  here  referred  to  was  Margaret  Johnstone, 
a  daughter  of  Johnstone  himself,  his  relationship  being  no  doubt  the  cause 
of  the  grant  to  him. 

Previous  to  this,  perhaps  on  his  return  from  captivity  in  England,  and  as 
a  compensation  for  his  misfortunes,  Johnstone  had  received  a  grant  of  the 
lands  of  Castlemilk,  forfeited  by  Matthew,  Earl  of  Lennox.  For  this  grant 
it  would  appear  a  precept  was  issued  so  early  as  October  1545,  but  it  was 
not  till  the  year  1550  that  he  received  a  crown  charter  of  the  lands.3 

Johnstone  had  already,  by  a  contract,  dated  7th  November  1533,  between 
him  and  Archibald  Stuart  younger  of  Castlemilk,  acquired  rights  over  a 
portion  of  Castlemilk.4  The  same  Archibald,  in  1541,  had  granted  a  lease 
of  the  whole  lands  of  Castlemilk  to  Eobert,  fifth  Lord  Maxwell.5  In  conse- 
quence of  this  lease,  and  of  the  present  royal  grant  of  the  lands  to  Johnstone, 
a  competition  of  rights  took  place  between  him  and  Eobert,  sixth  Lord 
Maxwell,  as  succeeding  to  his  father  in  the  lease.  The  competing  rights  and 
some  other  questions  in  dispute  were  submitted  to  arbitration,  and  an  award 

1  Original  Agreement,  22nd  May  1545,  in  both  in  Annandale  Charter-ehest. 
Annandale  Charter-chest.  4  This  accounts  for  the  reference  to   his 

2  Gift,    16th    May    1546,    in    Annandale  lands    on   the   water   of   Milk   in    1544,   as 
Charter-chest.  being  harried  by  the  English. 

3  Precept,  dated  28th  October  1545  ;  charter,  5  Andrew  Stuart's  Genealogy  of  the  Stuarts, 
under  the  Great  Seal,  dated  25th  April  1550,  pp.  364,  365. 

VOL.  I.  H 


lviii  JOHN  JOHNSTONE,  FIRST  WARDEN,  1524-15C7. 

was  issued  on  7th  September  1550.  The  first  clause  decerned  that  Lord 
Maxwell  was  to  have  possession  of  the  lands  of  Castlemilk,  with  the  tower 
and  place  thereof,  paying  to  Johnstone  as  superior  and  as  haviDg  a  gift  of 
the  ward  and  marriage  of  the  laird  of  Castlemilk,  the  sum  of  forty-four  merks 
yearly,  until  Johnstone  could  prove  that  Lord  Maxwell  or  his  father  had 
renounced  the  lease  referred  to  in  favour  of  the  laird  of  Castlemilk. 

Among  other  subjects  dealt  with  in  the  award  were  the  teinds  of  Loch- 
maben, from  which,  as  belonging  to  Lord  Maxwell,  he  was  ordained  to  pay  so 
much  yearly  to  Robert  Johnstone,  son  of  the  chief,  who  had  obtained  right 
to  the  benefice  and  parsonage  of  Lochmaben.  Lord  Maxwell  was  also  adjudged 
to  pay  to  Johnstone  what  was  due  of  the  escheated  goods  of  Thomas  Kirk- 
caldy, last  parson  of  Lochmaben,  in  terms  of  a  gift  from  the  crown.  It  was 
also  decerned  that  Johnstone  should  enjoy  the  bailiery  he  formerly  held  over 
the  lands  belonging  to  Lord  Hemes  within  Annandale.  The  arbiters  conclude 
with  a  direction  to  both  parties  to  abide  in  friendship  with  each  other.1 

The  latest  gift  from  the  crown  appears  to  be  a  grant  by  Queen  Mary  and 
Darnley  on  16th  August  1565,  of  their  third  of  the  Abbey  of  Soulseat  and 
the  parsonage  of  Lochmaben.  Johnstone  was  to  uplift  for  his  own  use  the 
third  of  the  crops  for  the  years  1564-1568,  and  further  at  the  royal  pleasure.2 


CHAPTER  FIFTH. 

Death  of  John  Johnstone  of  that  ilk — His  will  and  testament — His  personal  estate — Eliza- 
beth Jardine,  his  first  wife — Nicola  Douglas,  his  second  wife — His  children — John,  his 
successor — Robert  of  Raecleuch  and  other  sons — His  daughters. 

John  Johnstone  of  Johnstone  died  on  8th  November  1567,  as  appears 
from  his  confirmed  testament.  He  made  his  will  at  Dumfries,  29th  Decem- 
ber 1562.     He  is  designated  "ane  ryct  honorabill  man,  Jhone  Jhonestoun  of 

1  The  particulars  of  this  award  are  taken  2  Gift,  16th  August  1565,  signed  by  both 

from  a  much  worn  copy  in  the  Annandale       king  and  queen,  in  Annandale  Charter  chest, 
Charter-chest.  vol.  ii.  of  this  work,  p.  6. 


TESTAMENT  OF  JOHN  JOHNSTONE,  1562.  lix 

that  ilk.'  He  appointed  "  Nicolas  Douglas,  Lady  Jhonestoun,"  and  "  J  hone 
Maister  of  Maxwell,"  his  executors.  Johnstone  also  nominated  the  Master  of 
Maxwell  as  special  guardian  of  his  "  sone  and  air," 1  to  be  advised  also  by  the 
Duke  of  Chatelherault,  and  the  lairds  of  Drumlanrig  and  Elphinstone,  and  he 
expressed  a  wish  that  his  heir  should  marry  into  the  family  of  the  Master 
of  Maxwell,  He  leaves  portions  to  his  three  daughters  by  Nicolas  Douglas, 
Dorothy,  Margaret,  and  Elizabeth  or  Bessie,  committing  Dorothy  to  the  charge 
of  the  Master  of  Maxwell,  Margaret  to  Drumlanrig,  and  Bessie  to  her 
mother,  and  making  various  other  provisions  for  their  comfort  and  mainten- 
ance. To  his  son,  Robert,  he  leaves  the  church  of  Lochmaben,  the  lands  of 
Baecleuch,  and  others.  To  his  son,  John  Johnstone,  he  bequeathed  his  right 
over  the  lands  of  Over  Cogrie  and  others.  To  his  grandson,  Robert  Grahame, 
he  leaves  the  reversion  of  the  lands  of  Courrance.  The  testator  ordained  "  sex 
bollis  of  mele  of  the  fermes  of  Johnestoun  to  be  delt  to  the  purest  hous- 
haldaris  of  Johnestoun  be  ressonabill  discretioun ;  Item,  I  leve  to  the  Maister 
of  Maxwell  my  harte,  my  horse,  my  sworde,  and  my  doggis."  The  Master  of 
Maxwell  did  not  accept  the  office  of  executor,  and  Nicolas  Douglas,  the  widow 
of  Johnstone,  became  the  sole  administrator  of  her  husband's  estate.2 

The  goods,  geir  and  sums  of  money  pertaining  to  Johnstone  at  the  time 
of  his  decease  are  enumerated  and  valued  in  the  inventory.  These  consisted 
of  many  bolls  of  oats  and  beir  stored  at  his  different  places  of  Lochhouse, 
Thornhill,  Thornick  and  Lochwood ;  also  of  large  quantities  of  hay,  oxen,  cows, 
with  calves  and  stirks,  scores  of  sheep,  stones  of  cheese,  stones  of  butter,  linen 
unshaped,  linen  yarn  to  be  made  into  cloth,  woollen  yarn,  wool  "  littit "  blue, 
green,  and  red  ;  lint,  feathers,  and  a  "  pose  "  or  hoard  of  gold  and  silver  in  a 
coffer  in  Lochhouse,  extending  to  two  hundred  pounds  of  money,  and 
utensils  and  domicils  in  silver  work,  etc.     His  testament  shows  an  anxious 

1  This  refers  to  his  grandson  and  heir,  as  2  Testament  and  Inventory,  29th  December 

his  son,  James,  the  young  chief  of  the  Jokn-  1562,  Annandale  Peerage,  Minutes  of  Evi- 
stones,  predeceased  him  in  1552.  dence,  1876,  pp.  47-49. 


/? 


Ix  JOHN  JOHNSTONE,  FIRST  WARDEN,   1524-1567. 

provision  for  his  sons  and  daughters,  and  different  lands  are  left  to  the  sons 
and  special  provisions  are  made  regarding  the  marrying  of  the  daughters.1 

John  Johnstone  of  Johnstone  was  twice  married.  His  first  wife  was 
Elizabeth  Jardiue.2  By  her  he  had  two  sons,  and  apparently  one  daughter. 
She  died  in  the  month  of  December  1544,  and  an  inventory  of  her  effects 
was  given  up  by  her  son  Robert,  and  confirmed  26th  November  1580.3 
Johnstone  married,  secondly,  Nicholas  or  Nicola  Douglas,  daughter  of  James 
Douglas  of  Drumlanrig.  A  charter  was  granted  to  her  in  February  1545  by 
James  Johnstone,  younger  of  Johnstone,  with  consent  of  his  father,  as  his 
tutor,  and  for  a  sum  of  money  paid,  conveying  the  lands  of  Johnstoneholm 
and  others  to  her  in  liferent,  while  she  was  still  unmarried.4 

The  date  of  the  marriage  can  be  approximately  fixed.  On  the  26th  of 
August  John  Johnstone  of  Johnstone  received  from  Mary  Queen  of  Scots  a 
charter  of  the  5  merkland  in  Burwanis,  2  merkland  in  Coittis,  2  merkland  in 
Brigend,  1  merkland  in  Ker,  2  merkland  in  Cragylands,  3  merkland  in 
Tassyisholme,  30  shilling  land  in  Over  Murquhat,  and  1  merkland  in  Drum- 
creif,  all  resigned  by  Ninian  Graham  of  Thornick.5  On  the  resignation  of 
John  Johnstone  another  crown  charter  was  granted  to  him  and  Nicolas 
Douglas,  his  spouse,  in  conjunct  fee,  and  the  heirs-male  of  the  marriage; 
whom  failing,  the  nearest  heirs-male  of  the  said  John  whomsoever.6  The 
grant  was  made  on  the  20th  of  October  1550,  and  was  followed  by  a  similar 
grant  on  the  29th  October.  The  marriage  appears  therefore  to  have  taken 
place  shortly  before  the  20th  of  October  in  that  year.  As  already  indicated, 
they  had  issue,  three  daughters,  and  apparently  two  sons,  and  Nicola  Douglas 

1  It  appears  that  on  28th  June  1576,  "Elizabeth  Jardane,  Lady  Johnestoun,"  as 
Nicolas  Douglas,  as  relict  and  executrix  of  she  was  styled,  was  of  the  old  border  house 
her  husband,  sued  John  Johnstone,  his  eldest       of  her  surname. 

son,  for  intromiting  with  the  personal  effects  3  Annaudale  Peerage,  Minutes  of  Evidence, 

of  her  late  husband.     [Minutes  of  Evidence  1876,  pp.  67-69. 

in  Annandale  Peerage,  1876,  p.  44.]  4  Ibid.  pp.  43. 

2  No  writs  in  the  Charter-chests  of  the  5  Registium  Magni  Sigilli,  vol.  iv.  No.  503. 
Johnstone  or  Jardine  families  show  that  this  c  Ibid,  Nos.  533,  534. 


CHILDREN  OF  JOHN  JOHNSTONE.  lxi 

survived  her  husband,  and  acted  as  his  executrix.     She  was  still  alive  in 

1576,  when  an  order  for  summoning  witnesses  was  issued  in  her  favour  in 

an  action  at  her  instance  against  the  youthful  chief  of  Johnstone  for  spoliation.1 

John  Johnstone  of  Johnstone  had  issue  four  sons  and  three  daughters. 

1.  James  Johnstone,   who   predeceased  his  father.     Of  him  a  brief  notice 

follows. 

2.  Robert  Johnstone,  second  son  by  the  first  marriage.     He  received  from  his 

father  the  lands  of  Kaecleuch,  situated  in  Avondale  or  Evandale,  where 
the  ruins  of  the  former  house  of  Raecleuch  are  conspicuous  near  the 
water  of  Evan.  By  the  same  deed  this  Robert  Johnstone  was  provided 
to  the  parsonage  of  Lochmaben.  In  1565  he  and  his  brother  John  had 
a  remission  for  an  alleged  attack  on  another  Johnstone.  In  1580  he 
gave  up  an  inventory  of  effects  belonging  to  his  mother,  Elizabeth 
Jardine,  and  was  confirmed  her  executor-dative.  He  married  Marion 
Maxwell,  who  was  styled  "Lady  Garnesalloch,  elder," — and  in  1571 
they  received  a  charter  from  Robert  Douglas,  provost  of  Lincluden,  of 
the  lands  of  Ernemynie,  in  the  barony  of  Crossmichael  and  stewartry  of 
Kirkcudbright.  These  lands  had  been  left  by  Robert  Johnstone's  grand- 
father, James  Johnstone  of  Johnstone,  to  his  son  Simon  Johnstone,  who 
in  1546  resigned  them  and  others  in  favour  of  his  brother  John  John- 
stone of  Johnstone.  Robert  Johnstone  of  Raecleuch  died  at  Carnsalloch, 
where  he  resided,  on  10th  May  1592.  He  was  survived  by  his  wife, 
who  died  on  or  after  the  31st  October  1601,  when  she  made  her  testa- 
ment, and  inventory  of  her  goods  to  her  son  Robert.  He  left  issue  a  son, 
Robert  Johnstone,  who  succeeded  him,  and  another  son  named  Mungo, 
with,  apparently,  other  children  who  are  not  named,  perhaps  only 
daughters.2 

Robert  Johnstone,  the  second  of  Raecleuch,  died  about  1627,  leaving 
three  sons,  Robert,  William,  and  Alexander,  and  a  daughter,  Elizabeth, 
wife  of  James  Grierson.  The  sons  died  before  1656,  the  two  younger 
without  issue,  and  the  eldest,  Robert  Johnstone  of  Stapleton,  succeeded 
only  by  a  daughter,  Mary  Johnstone.  Mungo  Johnstone  above-named 
had  a  son,  Robert,  who  died  without  issue  about  1630. 

1  Aimandale  Peerage,  Minutes  of  Evidence,       Minutes  of  Evidence,  1876,  pp.  65-69,  72-74, 
1876,  p.  44.  Robert  Johnstone  had  also  a  natural  daughter 

2  Papers   printed   in   Annandale   Peerage,       named  Catherine  Johnstone ;  Ibid. 


L  JAMES  JOHNSTONE,  YOUNGER  OF  JOHNSTONE,  1539-1550. 

3.  John  Johnstone,  eldest  son  by  the  second  marriage.     He  had  a  charter  in 

1595  of  part  of  the  churchlands  of  Moffat,  Kirkpatrick-juxta,  and  Dryfes- 
dale.  He  was  executed  on  23d  September  1603  for  murder  and  other 
crimes.  He  left  a  son,  James,  who  was  restored  in  1630  to  his  father's 
forfeited  possessions,  and  was  known  as  James  Johnstone  of  Neiss, 
which  is  a  small  property  in  Moffatdale.     He  died  without  issue. 

4.  James  Johnstone,  known  as  Captain  James  Johnstone  of  Lochhouse,  near 

Moffat.  He  held  the  lands  of  Thornick,  Pocornell,  and  various  others. 
He  died  between  1621  and  1632.  He  left  no  lawful  issue,  but  he  had 
an  illegitimate  son,  James  Johnstone  of  Corehead.  James  Johnstone  of 
Neiss,  son  of  his  brother,  was  retoured  his  lawful  heir  in  February  1634.1 
The  daughters  of  this  chief  were 

1.  Dorothea,  eldest  daughter  of  the  second  marriage.     She  is  said  to   have 

married  John  Maitland  of  Auchingassel,  in  the  county  of  Dumfries. 

2.  Margaret,  second  daughter  of  second  marriage.     She  married  in   1566, 

Christopher,  son  of  Edward  Irving  of  Bonshaw,  in  the  county  of 
Dumfries. 

3.  Elizabeth  or  Bessie,  mentioned  with  her  two  sisters  in  their  father's  will  in 

1562,  but  her  later  history  has  not  been  ascertained.2 


XIII. — James  Johnstone,  younger  of  Johnstone. 

Margaret  Hamilton  (Samuelston)  his  wife. 

1539-1550. 

This  member  of  the  family  of  Johnstone,  who  never  succeeded  to  the 
estate,  although  he  carried  on  the  line  of  descent,  was  the  eldest  son  of 
John  Johnstone  of  Johnstone  by  his  first  wife,  Elizabeth  Jardine.  There  is  no 
certainty  as  to  the  date  of  his  birth,  but  there  is  evidence  that  it  occurred 

1  John  Johnstone  of   Johnstone  had  also  2  John  Johnstone  of  Johnstone  had  also  a 

two  natural  sons—  (1)  James  Johnstone,  who,  natural  daughter  named  Margaret  by  "  Gelis 

on    1st   September    1540,  received   a  crown  Ewart."     She  was,  on  22d  February  1530- 

charter  of  the  lands  of  Hardgraif  ;  and  (2)  31,  while  still  a  child,  contracted  in  marriage 

David  Johnstone,  who  is  mentioned  several  to  Ninian  Graham,  son  of  Robert  Graham  of 

times  in  connection  with  his  father,  but  whose  Thornick.     She  died  before  1546.  .  [Original 

further  history  has  not  been  ascertained.  contract  in  Annandale  Charter-chest.] 


MARRIAGE  WITH  MARGARET  HAMILTON.  lxiii 

previous  to  31st  October  1539.  On  that  date  his  uncle,  Adam  Johnstone  of 
Corrie,  granted  to  him  by  charter,  therein  named  as  his  beloved  kinsman,  James 
Johnstone,  lawful  son  and  apparent  heir  of  his  dearest  brother  John  Johnstone 
of  that  ilk,  the  lands  of  Briskoo  and  Whitecastle,  in  the  parish  of  Corrie, 
and  stewartry  of  Annandale.  The  lands,  'which  formerly  belonged  to  Eobert 
Corbet  of  Hardgrave,  and  were  resigned  by  him,  were  valued  at  thirteen 
merks  Scots  yearly,  and  were  to  be  held  blench  of  the  granter  for  one  silver 
penny  payable,  if  asked,  in  the  parish  church  of  Corrie  on  the  feast  of  the 
Nativity  yearly.1 

The  next  notice  of  the  youthful  heir  of  Johnstone  is  on  2d  March  1542-3 
in  the  crown  charter  erecting  the  lands  of  Johnstone  into  a  barony,  where  he 
ii  designated  as  son  and  apparent  heir  of  John  Johnstone  of  Johnstone.  On 
the  same  date  as  the  charter,  Queen  Mary,  in  accordance  with  a  practice  then 
customary,  issued  letters-patent  under  the  quarter  seal,  appointing  Sir  James 
Kirkcaldy  of  Grange,  her  treasurer,  Thomas  Johnstone  and  John  Johnstone 
in  Pocorner,  to  act  for  a  year  as  attorneys  for  James  Johnstone,  son  and 
heir-apparent  of  John  Johnstone  of  that  ilk,  in  all  his  business  and  law  pleas.2 

The  young  heir  of  Johnstone  granted  to  Nicola  Douglas,  daughter  of 
James  Douglas  of  Drumlanrig,  in  liferent,  the  lands  of  Johnstoneholm 
Eyrswood,  Bennetlaw,  and  Kerse,  in  the  stewartry  of  Annandale.3 

The  references  to  this  youthful  chief  are  scanty  and  brief.  A  contract 
of  marriage  was  made  at  Dumfries,  1st  August  1551,  between  John  Hamilton, 
archbishop  of  St.  Andrews,  on  behalf  of  Jean  Johnstone,  "  daughter  to  James 
Jhonstoun,  young  laird  of  Jhonstoun,"  and  Margaret  Hamilton  his  spouse  [niece 
of  the  archbishop]  on  the  one  part,  and  Michael,  Lord  Carlyle,  on  behalf  of 
William  Carlyle,  his  eldest  son  and  apparent  heir.  The  contract  narrates 
that  the  archbishop  had  obtained  a  remission  to  Lord  Carlyle  for  assistance 

1  Charter,     dated    at     Dumbarton,    31st       in  Annandale  Charter-chest. 

October  1539.     Annandale  Peerage  Minutes  3  Registruni   Magni    Sigilli,   vol.    iii.   No. 

of  Evidence  (1881),  pp.  1172-3.  3070,  17th  February   1544-5;    vol.   iv.   No. 

2  Original  writ,  dated  2d  March  1542-3,       1441,  8th  January  1562-3. 


lxiv  JAMES  JOHNSTONE,  YOUNGER  OF  JOHNSTONE,  1530-1550. 

given  to  the  English  and  surrendering  to  them  his  place  of  Torthorwald, 
and  also  an  infeftraent  to  William  Carlyle  of  all  his  father's  lands  except 
the  conjunct  fee  of  Dame  Jonet  Charteris,  spouse  of  Lord  Carlyle,  for  which 
Lord  Carlyle  was  obliged  to  pay  the  archbishop  1800  merks  Scots,  which 
sum  he  now  discharges  to  Lord  Carlyle.  His  lordship  engages  to  cause  his  son 
William  to  marry  Jean  Johnstone  at  her  perfect  age,  or  if  she  should  chance 
to  die,  any  other  daughter  of  the  same  parents.  Lord  Carlyle  also  engaged 
to  infeft  Jean  Johnstone  presently  in  his  lands  of  Petinane  in  Lanarkshire 
under  redemption ;  and  the  archbishop  promised  to  maintain  Lord  Carlyle 
in  all  his  lawf  ul  actions.1  From  the  terms  of  this  writ  it  is  not  absolutely 
certain  whether  James  Johnstone,  younger  of  Johnstone,  were  then  deceased 
or  not,  but  if  not  then  dead,  he  died  shortly  after. 

He  married  Margaret  Hamilton,  daughter  of  John  Hamilton  of  Saniuel- 
ston,  natural  brother  of  the  Kegent  Arran.2  They  had  issue  one  son  and 
one  daughter. 

1.  John    Johnstone,  who  succeeded  his  grandfather  of  the  same  name  in  the 

year  1567,  and  of  whom  a  memoir  follows. 
1.  Jean,  contracted  in  marriage  to  William,  eldest  son  of  Michael,  Lord 
Carlyle.  William  died  in  1572,  leaving  issue  one  daughter,  Elizabeth, 
who  afterwards  married  Sir  James  Douglas  of  Parkhead.  Jean  John- 
stone, Lady  Carlyle,  survived  her  husband,  and  was  still  liferentrix  of 
the  lands  of  Kelhead  in  1577.3 

1  Annandale  Peerage  Minutes  of  Evidence  3  Two  daughters  are  sometimes  assigned 
(1S76),  pp.  45,  46.                                                      by   genealogists   to    this   James   Johnstone, 

Margaret  married  to  Sir  Robert  Douglas  of 

2  In  May  1552  she  married,  secondly,  David  Coschogill,  and  Jean,  married  to  William 
Douglas  of  Cockburnspath,  son  of  Sir  George  Livingstone  of  Jerviswood.  There  was  a 
Douglas  of  Pittendriech,  and  titular  seventh  Nichola  Johnstone,  wife  of  Robert  Douglas 
Earl  of  Angus  ;  and  after  his  death  in  June  of  Coschogill  in  15/3  [Registrum  Magni 
1557  she  married,  thirdly,  Sir  Patrick  White-  Sigilli,  vol.  iv.  No.  2145],  but  it  is  not  stated 
law  of  that  ilk,  who  died  before  1571.  who  she  was. 


Ixv 


Second  Johnstone  Warden  of  West  Marches. 

XIV.' — Sir  John  Johnstone  of  Johnstone,  Knight. 
Margaret  Scott  (Buccleuch)  his  Wife. 

1567-1587. 
chapter  first. 

Agreement  with  Nicola  Douglas,  1569— Joins  Queen  Mary's  Party — Surrenders  to  Murray 
— Becomes  Surety  for  his  Clan — Raid  to  Morpeth — Lord  Scrope's  Invasion  of  the  West 
Marches — Makes  his  peace  with  the  Earl  of  Lennox — Marries  Margaret  Scott  of 
Buccleuch. 

The  first  notice  of  this  chief  of  Johnstone  is  in  1553,  in  a  letter  of  gift 
by  Queen  Mary  granting  to  John  Hamilton,  archbishop  of  St.  Andrews,  the 
marriage  of  Johnstone,  son  and  heir  to  the  late  James  Johnstone,  with 

the  profits  of  the  marriage  of  him  or  any  other  heir.1  The  ward  and  non-entry 
duties  of  the  lands  were  also  conferred  upon  the  archbishop  until  the  entry 
of  the  heir,  who  must  have  been  very  young.  He  was  still  apparently  a 
minor  in  November  1569  when  he  and  his  curators  entered  into  an  agree- 
ment with  Mcola  Douglas,  widow  of  his  grandfather,  to  pay  her  five 
hundred  rnerks  Scots  for  her  interest  in  her  jointure  lands  of  Johnstoneholm 
and  others.  He  then  leased  from  her  the  same  lands  for  a  term  of  nine 
years  at  a  rental  of  two  hundred  pounds  Scots  yearly.  After  that  date  she 
was  to  have  the  use  of  her  house  of  Lochhouse  which*  Johnstone  was  bound 
to  maintain  during  his  occupancy.  In  addition  the  lady  stipulated  that  her 
house,  woods,  and  private  grounds  should  after  the  lease  expired,  be  left  "  in 
als  gude  estait  as  tha  ar  now,"  and  that  Johnstone  should  not  place  "  clannis 
nor  broikin  men "  in  the  lands,  "  and  in  speciall  nane  of  the  surname 
of  Johnestoun "  nor  any  others  above  the  rank  of  yeomen  or  simple 
labourers  of  the  ground,  nor  yet  clans  of  the  country,  lest  she  or  her  children 

1  Gift,  dated  6th  July  1553  ;  Annandale  Peerage  Minutes  of  Evidence,  vol.  ii.  p.  1110. 
VOL.  I.  I 


lxvi  SIR  JOHN  JOHNSTONE,  KNIGHT,  .1567-1587. 

should  receive  their  lauds  in  worse  condition  than  they  were  at  her 
husband's  death.  It  was  also  provided  that  he  should  present  John 
Johnstone,  his  uncle,  son  of  Nicola  Douglas,  to  the  parsonage  of  Johnstone, 
and  should  out  of  the  funds  of  the  benefice  maintain  the  presentee  at  "the 
scolis  "  until  the  age  of  fourteen,  and  pay  him  yearly  thereafter  the  sum  of 
forty  merks.1 

But  although  the  young  chief's  curators  are  referred  to  in  the  above  writ, 
lie  seems  to  have  acted  independently.  In  May  of  the  previous  year  one  of 
his  clansmen,  John  Johnstone  in  Glenkill,  renounced  in  Ins  favour  the  lands 
of  Armynnie,  in  the  stewartry  of  Kirkcudbright,  with  the  lands  of  Kinnel- 
head  and  Holmschaw  in  An  nan  dale,  to  be  occupied  by  him,  without 
conditions.2  Also  a  few  months  before  the  contract  recited,  we  find  him 
entering  into  transactions  independent  of  his  curators.  Thus  in  August  15G9, 
his  uncle,  John  Johnstone,  a  son  of  his  grandfather,  resigned  into  his  hands 
the  lands  of  Upper  Cogrie,  in  Kirkpatrick-juxta,  while  the  other  in  his  own 
name  transferred  to  his  uncle  the  mains  of  Moffat.3 

This  chief  also  acted  independently  as  head  of  his  clan,  and  as  the  person 
responsible  to  the  government  for  the  good  behaviour  of  the  district.  He 
appears,  no  doubt  because  of  his  connection  with  the  Hamiltons,  to  have 
supported  the  claims  of  Queen  Mary  after  her  escape  from  Lochleven.  It  is 
not  certain  that  he  was  present  at  the  battle  of  Langside,  but  after  the  defeat 
of  the  queen's  party  there,  the  Eegent  Murray,  with  a  considerable  force, 
marched  into  Dumfriesshire,  and  compelled  the  submission  of  the  barons  in 
that  neighbourhood.  Among  others  thus  dealt  with  was  Johnstone,  who 
submitted,  and  also  surrendered  his  houses  of  Lochwood  and  Lochhouse.4 
After  this  he  remained  outwardly  in  obedience  to  the  new  government, 
although  his  allegiance,  as  will  be  seen,  was  not  very  steadfast. 

1  Contract,  dated   25th  November  1569  ;       Annandale  Charter-chest. 

Annandale   Peerage    Minutes   of    Evidence,  3  Original,  dated  13th  August  1569,  ibid. 

1881,  pp.  1173-1175.  4  Historical  Memoirs  of  the  Ileignof  Mary 

2  Original  resignation,  30th  May  1568,  in       Queen  of  Scots,  Abbotsford  Club,  1836,  p.  106. 


SECURITY  FOR  MEMBERS  OF  HIS  CLAN,  1569.  lxvii 

In  August  1569  he  received  from  various  persons  of  the  name  of  Batie 
or  Eeattie  an  obligation  to  surrender  themselves  to  ward  in  the  stone  house 
of  the  Lochwood  on  forty-eight  hours'  warning,  there  to  remain  until  they 
could  be  entered  with  the  government  as  pledges.1  A  few  mouths  later 
they  are  named  among  other  sureties  consigned  for  safe  keeping  to  the 
castle  of  St.  Andrews.2  This  was  after  the  proceedings  of  the  courts  held 
for  two  days,  first  at  Castlemilk,  and  afterwards  at  Dumfries,  by  the  Eegent 
Murray  in  person.  Johnstone  was  in  attendance,  and  is  constantly  re- 
ferred to  as  security  that  various  members  of  his  clan  should  not  escape 
from  justice.  Thus  at  the  camp  by  the  water  of  Milk  on  25th  October, 
he  became  security  for  John  Johnstone  of  Howgil],  who  was  a  pledge 
"for  all  that  ar  cum  of  the  auld  gang  of  Wamfray."  Others  for  whom 
he  undertook  responsibility  were  John  Johnstone  in  Tundergarth,  David 
Johnstone  of  Staywood,  John  Johnstone  of  the  Quais,  Gilbert  Johnstone  of 
Fairholrne,  James  Johnstone,  called  James  with  the  Beard,  for  "  the  haill 
gang  of  the  Bankis,"  the  laird  of  Corrie,  and  John  Johnstone  "  the  chepman's  " 
eldest  son.  He  further  promised  to  bring  some  of  "  the  principalis  of  the 
gang  of  Willeis  of  Wamfra"  to  Dumfries  to  meet  the  regent  there.3  Thus 
"  the  lads  of  Wamphray  "  were  even  then  a  turbulent  race. 

For  most  of  the  above  persons,  and  others  of  less  importance,  Johnstone 
became  liable  in  sums  of  money,  two  thousand  merks  being  a  frequent 
penalty.  In  one  case,  however,  the  responsibilty  was  more  serious.  He 
obliged  himself  to  make  the  laird  of  Corrie  (James  Johnstone,  a  cousin  of  his 
own)  become  security  to  the  regent  for  certain  Irvings  who  lived  on  his 
lands.  But  if  the  regent  was  not  content  with  the  satisfaction  offered,  in 
that  case  Johnstone  was  to  "  burne  thame,  and  put  thame  and  hald  thame 
furth  of  the  cuntre,  under  the  pane  of  twa  thousand  merks."  There  is, 
however,  no  evidence  that  this  punishment  was  inflicted. 

1  Obligation,  dated  at  Lochwood  5th  August  1569,  iu  Annandale  Charter-chest. 

2  Register  of  the  Privy  Council,  vol.  ii.  p.  52.  3  Ibid.  pp.  47-50. 


lxviii  SIR  JOHN  JOHNSTONE,  KNIGHT,   1567-1587. 

It  was  in  the  January  following  these  proceedings  that  the  Eegent 
Murray  was  assassinated  by  Hamilton  of  Bothwellhaugh  at  Linlithgow.1 
His  death  was  a  triumph  to  the  party  which  favoured  Queen  Mary,  and  they 
at  once  took  measures  which  plunged  the  country  into  civil  war.  They  also 
showed  their  displeasure  at  the  interference  of  the  English  queen  in  Scottish 
affairs,  by  joining  with  rebels  against  her  authority,  while  constant  and 
destructive  raids  were  made  over  the  English  border.  In  these  commotions 
of  the  period  we  find  Sir  John  Johnstone  playing  a  considerable  part.  Even 
before  the  death  of  Murray,  his  sympathies  continued  with  Queen  Mary,  and 
he  is  mentioned,  along  with  Lord  Home,  the  lairds  of  Buccleuch,  Fernyhirst, 
and  others,  as  a  supporter  of  the  conspiracy  against  Queen  Elizabeth,  headed 
by  the  Earls  of  Northumberland  and  Westmoreland.  In  the  beginning  of 
January  1570  Sir  John  Forster  wrote  to  the  Earl  of  Sussex,  intimating  that 
Westmoreland  was  in  Scotland,  and  that  he  and  various  other  fugitives  were 
sheltered  by  Ker  of  Fernyhirst  and  others.  He  adds  that  "  if  they  hear  of 
any  force  of  England  to  pursue  them,  they  purpose  to  take  the  sea  at  Fast 
Castle,  or  the  West  Marches  by  help  of  the  laird  of  Johnstone." 2  This 
attitude,  however,  was  suddenly  abandoned  for  a  more  active  policy,  and  on 
the.  morning  after  the  regent's  death  the  Earl  of  Westmoreland,  with  his 
allies,  the  lairds  of  Buccleuch  and  Fernyhirst,  and  Johnstone,  invaded 
England  with  three  hundred  horsemen,  destroying  the  country  as  far  as 
Morpeth.3  This  raid  is  said  to  have  been  conducted  with  special  cruelty, 
for  which,  however,  not  the  Scots,  but  the  rebel  English  were  held  re- 
sponsible. A  few  weeks  later  another  rebellion  took  place  in  the  northern 
counties  of  England,  headed  by  Leonard  Dacre,  a  younger  son  of  Lord  Dacre 
of  Gillesland,  but  it  was  quickly  defeated,  and  Dacre  and  his  brother  were 

1  The  musket  with  which  the  regent  was  2  Calendar    of    State    Papers,    Addenda, 

shot  long  remained  in  the  family  of  General  1566-1579,  Letter  7th  January  1570. 

Hamilton  of  Orbiston.     The  genera]  presented  3  Calendar  of  State  Papers,  Foreign,  Let- 

the  weapon  to  Alexander,  Duke  of  Hamilton,  ters,  Lord  Hunsdon  to  Queen  Elizabeth,  30th 

and  it  is  still  preserved  at  Hamilton  Palace.  December  1569.   The  Same,  31st  January  1570. 


RESISTS  LORD  SCROPE's  INVASION,  1570.  lxix 

forced  to  take  refuge  in  Scotland,  where  it  is  not  improbable  they  were 
sheltered  by  Johnstone. 

These  raids  and  rebellions  provoked  retaliation  on  the  part  of  the  English 
government,  and  the  Earl  of  Sussex,  in  the  following  April,  laid  waste  Teviot- 
dale  and  the  country  of  Buccleuch,  and  Ker  of  Fernyhirst.  A  similar 
invasion  of  the  west  borders  took  place  a  few  weeks  later  under  Lord 
Scrope,  who  advanced  to  Dumfries  and  destroyed  the  lands  of  Lord 
Herries  and  others.  Johnstone  was  also  a  sufferer  by  this  raid,  which  he 
assisted  in  repelling.  It  was  the  result  of  a  suggestion  by  the  Earl  of 
Morton,  addressed  to  the  English  ambassador  Eandolph,  that  the  Lords 
Hemes  and  Maxwell,  and  Johnstone,  who  threatened  to  come  to  Edinburgh, 
might  be  forced  to  stay  at  home,  if  they  were  threatened  by  Lord 
Scrope.1  Lord  Herries  in  his  Memoirs  states  that  he  and  Johnstone  effec- 
tually resisted  Scrope's  inroad  by  opposing  him  with  their  horsemen,  while 
the  country  people  drove  their  cattle  to  the  moors.  Scrope  it  is  said  retired, 
fearing  distress  in  his  army,  but  did  a  good  deal  of  mischief  in  his  retreat.2 
The  raid,  however,  was  effectual  in  its  desired  result,  which  was  to  prevent 
the  southern  barons  coining  to  the  assistance  of  the  Hamiltons,  whose 
country  was  then  being  laid  waste  by  the  Earl  of  Lennox,  with  an  English 
force  under  the  leadership  of  the  Marshal  of  Berwick.  Besides  Lord  Scrope's 
invasion,  the  west  borders  of  Scotland  were  in  August  1570  again  subjected 
to  destruction  by  a  force  under  the  Earl  of  Sussex,  which,  however,  was 
specially  directed  against  the  Maxwells  rather  than  the  Johnstones.3 

These  events  may  have  influenced  Johnstone  in  seeking  to  make 
terms  with  the  government,  Lennox  having  been  elected  regent  on  the 
12th  July   1570.     He  also  had   some  dispute  with  Lord  Herries    at   this 


1  Calendar  of  State  Papers,  Foreign,  Mor-  Queen    of   Scots.     Abbotsforcl   Club,    1S36, 
ton    to    Randolph,    25th  April    1570  ;  Lord  p.  127. 

Scrope,  9th  May  1570.  3  Diurnal  of  Occurrents  in  Scotland,  1513- 

2  Historical  Memoirs  of  the  Reign  of  Mary  1575,  pp.  1S4,  185. 


lxx  SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 

time,  probably  about  tbe  keeping  of  order  in  the  district,1  and  this  may  like- 
wise have  inclined  him  to  submission.  In  any  case  we  learn  that  he,  with  his 
former  allies  Buccleuch  and  Fernyhirst,  travelled  to  Edinburgh  in  September 
1570  to  arrange  with  the  new  regent.  The  terms  prescribed  to  him  as  the 
conditions  upon  which  he  might  receive  the  king's  favour  are  still  preserved, 
and  may  be  briefly  stated.  First,  he  was  to  swear  allegiance  to  King  James 
as  his  only  sovereign,  and  to  obey  the  Earl  of  Lennox  as  regent ;  second, 
the  laird  becomes  obliged  to  preserve  the  peace  between  England  and  Scot- 
land, and  to  be  answerable  therefor  in  all  time  coming;  third,  he  shall 
underlie  the  law  for  all  offences  committed  against  the  peace  of  the  two 
kingdoms,  and  for  resetting  English  fugitives  ;  fourth,  he  is  to  be  responsible 
for  his  clan ;  and  fifth,  he  is  to  enter  six  persons  as  pledges  for  his  good 
behaviour.2  The  first  interview  with  the  regent  was  not  satisfactory,  as  the 
parties  separated  "  unaggreit,"  but  it  seems  probable  Sir  John  Johnstone 
was  afterwards  received  to  favour,  although  he  does  not  appear  with  any 
prominence  in  public  affairs  for  a  year  or  two  later.  He  was,  however, 
engaged  in  transactions  with  his  own  clan  and  in  private  affairs.  Thus,  in 
April  1571,  Thomas  Johnstone  in  Fingland,  and  six  other  Johnstones, 
acknowledged  that  they  had  "  borrowit "  from  Johnstone,  their  "  cheif  and 
maister,"  certain  persons  of  the  name  of  Johnstone,  who  were  his  "presoneris 
and  captiuis,"  that  they  may  be  at  "  fredom  and  liberte."  The  borrowers  then 
bound  themselves  in  strict  terms  to  restore  the  prisoners,  on  forty-eight  hours' 
notice,  within  the  tower  of  Lochwood,  to  be  entered  with  the  government,  and 
that  under  a  penalty  of  £1000  Scots  to  be  paid  for  each  person.3  A  few 
weeks  later  Thomas  Johnstone  of  Craigaburn,  John  Johnstone,  his  son,  and 
others,  bound  themselves  in  manrent  service  to  their  chief  in  the  usual  terms.4 

1  Calendar  of   State  Papers,  Foreign,    2d       in  Scotland,  p.  1S8. 

July  1570,  Lord  Serope  writes  referring  to  3  Original  obligation,  Lochwood,  1st  April 

dissensions  between  Johnstone  and  Herries.  1571,  in  Annandale  Charter-chest. 

2  Copy  of  Conditions  [no  date]  in  Annan-  4  Original,    dated    at   Branxholme,    20th 
dale  Charter-chest  ;    Diurnal  of   Occurreuts  June  1571,  ibid. 


HIS  MARRIAGE  WITH  DAME  MARGARET  SCOTT.  lxxi 

The  bond  of  manrent  is  signed  at  Branxholme,  the  residence  of  Sir 
"Walter  Scott  of  Buccleuch,  where  Johnstone  was  apparently  on  a  visit.  He 
married  Margaret  Scott,  the  sister  of  Sir  Walter,  and  the  marriage  contract, 
which  was  a  post-nuptial  one,  was  dated  in  1568,  Johnstone  being  then  still 
a  minor.  The  date  when  the  marriage  actually  took  place  is  not  certain,  but 
the  necessary  steps  to  secure  the  lady  in  her  jointure  were  evidently 
arranged  on  the  occasion  of  the  visit  to  Branxholme  in  April.  A  few  months 
later,  on  4th  November  1571,  Sir  John  Johnstone  obtained  a  crown  precept 
for  infefting  him  in  his  lands,  as  nearest  and  lawful  heir  of  his  father,  the 
late  James  Johnstone,  and  in  the  following  January  he  received  sasine,  when 
he  immediately  granted  to  his  wife,  Margaret  Scott,  a  liferent  right  over  his 
whole  lands  and  possessions.  These  included  the  lands  of  Johnstone,  Kirk- 
patrick,  including  Dowskellie  or  Dunskellie,  and  Cawartsholm,  Wamphray, 
Pobudy  or  Polmoody,  and  Hardgray,  and  others,  with  the  office  of  "  coronator  " 
within  the  bounds  of  Annandale.  Sasine  was  given  at  the  manor-place  of 
Johnstone,  commonly  called  the  Lochwood.1 


CHAPTER  SECOND. 

Bonds  with  Elliots,  Weirs,  and  Grahams — Morton  visits  the  Borders — Takes  pledges — 
Quarrel  begins  with  Lord  Maxwell — Put  in  ward  1575 — Bond  to  Johnstone  by  the  clan 
— Defends  Robert  Scott  of  Thirlstane. 

After  this  little  is  recorded  of  the  owner  of  Johnstone,  except  in  connec- 
tion with  the  government  of  his  district.  The  heads  of  the  border  clan  of 
Elliot,  Bobert  Elliot  of  Beidheuch,  Martin  Elliot  of  Braidlie,  and  others, 
in  December  1572,  entered  into  a  bond  with  him  to  restore  to  his 
custody  when  required  one  of  their  number,  John  Elliot  "  of  the  Steill," 
who  had   been   taken   prisoner  by  Johnstone.      He   was  then  staying  at 

1  Sasine,  dated  8th  January  1571-2,  nar-  to  Margaret  Scott,  8th  January  1571-2,  con- 
rating  precept,  dated  at  Leith,  4th  November  firmed  10th  March  1573.  Registrum  Magni 
1571,  in  Annandale  Charter-chest.     Charter       Sigilli,  vol.  iv.  No.  2126. 


Ixxii  SIR  JOHN  JOHNSTONE,  KNIGHT,   1567-1587. 

Branxholrne,  the  residence  of  his  brother-in-law,  in  close  proximity  to 
Braidlie,  and  the  Elliots  appear  to  have  taken  advantage  of  this  to  submit 
arrangements  for  their  clansman.  They  wished  to  "borrow"  him,  or  obtain 
his  freedom,  on  a  pledge  being  given  for  his  return  to  custody  at  Lochwoocl,  if 
he  and  his  friends  cannot  agree  on  the  matters  in  dispute  between  them  and 
the  Johnstones  before  the  ensuing  term  of  Candlemas.  Both  parties  give 
assurance  of  safety  to  the  goods  and  friends  of  the  other  during  the  inter- 
vening period.1 

A  few  months  later  another  question  of  a  similar  character  was  discussed 
by  Robert  Johnstone,  uncle  of  Johnstone,  and  who  acted  on  his  behalf,  the 
other  parties  being  James  Weir  of  Blackwood  and  his  son  James,  John 
Bannatyne  of  Corehouse,  and  William  Weir  of  Stonebyres.  The  story  is  told 
by  a  notary,  and  we  learn  that  Johnstone  began  the  interview,  which  took 
place  at  Clydesholm  near  Lanark,  by  desiring  to  know  whether  he  might 
understand  that  the  bond  of  kindness  formerly  made  between  him  and  his 
friends  on  one  side,  and  the  Weirs  and  their  friends  on  the  other  side,  stood 
according  to  its  terms.  He  then  desired  the  Weirs  to  deliver  up  to  him  four 
men  of  the  Johnstones,  whom,  with  their  armour,  horses,  and  gear,  they  had 
taken  captive.  He  further  offered  to  refer  the  matter  to  the  opinion  of  four 
friends  of  the  laird  of  Blackwood,  duly  sworn,  and  to  abide  by  their  decision, 
as  when  the  men  were  taken  "  there  was  na  manuis  geir  fundyn  with  thame, 
bot  [they  were]  in  ane  common  ostellar  howse,  beleving  na  ewill  quhair 
throw  thai  suld  be  trublit."  If,  however,  the  Weirs  and  their  friends  refused 
to  entertain  the  offer  now  made,  Johnstone's  envoy  repudiated  his  portion  of 
the  bond  of  kindness,  which  he  alleged  they  had  broken  by  their  withholding 
his  friends  and  servants  without  cause  and  without  commission  from  the 
government.2     The  result  of  this  meeting  is  not  recorded. 

The  Regent  Morton,  in  the  same  month  of  February  1573,  issued  to  John- 

1  Original  bond,  dated  at  Branxholrne,  13th  December  1572,  in  Armandale  Charter-chest. 

2  Original  writ,  1st  February  1572-3,  in  Annandale  Charter-chest. 


AGREEMENT  WITH  THE  GRAHAMS,  1573.  lxxiii 

stone  and  Eobert  his  uncle,  rector  of  Lochmaben,  a  precept  of  remission  for 
their  appearance  in  arms  against  the  king's  party  at  the  battle  of  Langside, 
in  May  1568,  but  it  does  not  appear  that  the  Johnstones  were  present.1  In 
May  of  the  same  year  we  find  the  chief  acting  for  himself  and  "for  his 
surname  of  Jolmstonis  and  their  servandis,"  on  the  one  part,  entering  into 
an  agreement  with  Fergus  Grahame  of  the  Mote,  Eobert  Grahame  of  the 
Fauld,  and  a  number  of  other  Grahames  (excluding  Richard  Grahame  of 
Netherby,  his  party  and  servants),  with  a  few  Irvings  and  Stories,  on  the 
other  part,  in  relation  to  the  slaughter  of  Archibald  Johnstone  of  Myrehead. 
The  parties  bound  themselves  to  accept  the  decree-arbitral  to  be  pronounced 
by  twelve  arbiters,  six  men  chosen  on  either  side,  who  were  to  meet  at 
Craikhauch  a  few  days  after  the  date  of  the  agreement.  There  the  opposing 
parties  were  also  to  convene  and  present  their  respective  claims  for  con- 
sideration, pledging  themselves  to  abide  by  the  decision.  This  agreement 
was  made  and  signed  by  Johnstone  and  the  other  parties  at  Craikhauch,  in 
presence  of  Sir  Walter  Scott  of  Branxholme,  John  Charteris  of  Amisfield, 
and  others.2  A  postscript  to  the  agreement  contains  a  clause  by  which 
certain  Armstrongs  also  bind  themselves  to  submit  to  the  decision  of  the 
twelve  arbiters  "  anent  their  being  vpoun  the  feild  with  their  freyndis  the 
tyme  "  that  certain  Johnstones  "  gat  ony  skayth." 

Another  aspect  of  the  relations  in  which  the  chief  stood  to  the  members 
of  his  clan  is  afforded  by  a  bond  of  maintenance  which  he  granted  in  July 
1573  to  John  Johnstone  in  the  Greenhill,  who  had  become  his  "man  and 
servand  in  all  tymes  cumin,  lelelie  and  treulie  to  mak"  him  faithful  service 
on  horse  or  on  foot.     In  return  Johnstone  bound  himself  to  fortify,  maintain, 

1  Original  remission,  in  Annandale  Charter-  patrick  bind  themselves  to  fulfil  all  their 
chest.  "  speikin  "  with  the  laird  of  Bucclench  and 

2  Original,  dated  Craikhauch,  11th  May  laird  of  Johnstone  on  "Craikmoir"  at  their 
1573,  in  Annandale  Charter-chest.  There  is  last  meeting,  and  also  to  keep  the  time  and 
also  a  writ,  without  date,  in  which  Fergus  place  appointed  on  receiving  warning  and  due 
Grahame  of  the   Mote   and   Edward   Kirk-  security  [Original,  ibid.]. 

VOL.  I.  K 


lxxiv  SIR  JOHN  JOHNSTONE.  KNIGHT,   1567-1-587. 

supply,  and  "debait"  his  "man"  against  all  men  having  complaint  against 
him  "  as  ane  faithfull  maister  audit  to  debait  his  trew  seruand,"  in  all  his 
possessions.  In  particular  he  promised  to  secure  his  man  in  the  heritable 
right  of  the  six  merk  land  of  Batok  or  Beattock,  in  "the  kindnes"  of  a 
two  and  a  half  merks  land  in  Greenhill  and  a  merk  land  in  Kirkpatrick, 
occupied  by  the  Taits,  which  were  held  from  him  as  over-lord.1 

In  June  of  the  following  year,  1574,  Johnstone  was  summoned  to  answer 
to  the  government  for  certain  borderers,  who  had  been  held  in  ward  as 
pledges  for  their  kinsmen,  and  who  had  escaped  from  custody.  In  the 
autumn  of  1573,  the  Begent  Morton  having,  by  the  fall  of  the  castle  of 
Edinburgh,  and  the  death  of  Kirkcaldy  of  Grange,  obtained  a  complete 
triumph  over  the  party  of  Queen  Mary  in  Scotland,  and  secured  a  com- 
parative peace,  led  a  large  force  to  the  Borders,  and  compelled  the  marauders 
there  to  respect  the  law.  Numerous  pledges  were  exacted  for  obedience, 
who  were  distributed  in  various  strongholds  at  a  distance  from  their  own 
neighbourhoods,  their  custodiers  being  made  responsible  for  their  safe  keep- 
ing under  heavy  penalties.  Besides  this,  those  gentlemen  or  noblemen  in 
whose  territories  the  pledges  resided  were  also  held  responsible,  and  among 
such  Johnstone  took  a  prominent  place,  being  accountable  for  no  fewer  than 
six  of  the  pledges.  These  had  escaped  from  their  respective  wards,  and 
he  and  other  sureties  were  summoned  before  the  privy  council  to  pay  the 
amount  of  the  penalty,  £2000  Scots  for  each  person.  Neither  he  nor  his 
co-cautioners  answered  the  summons,  and  orders  were  given  for  the  usual 
legal  processes  to  be  taken  to  obtain  the  fines.2  A  further  demand  for  the 
same  sum  was  also  made  against  Johnstone  at  the  same  time  because  he  had 
failed  to  enter  John  Johnstone  of  Graitnay,  one  of  his  clan,  with  the 
Government,  to  answer  for  certain  misdeeds.3 

Similar  questions  again  arose  a  few  months  later,  in  November  1574,  and 

1   Original  bond,  signed  at  Lochwood,  2d  July  1573,  in  Annandale  CUnrter-chest. 
-  Register  of  Piiv}'  Council,  vol.  ii.  pp.  307-370.  J  Ibid.  p.  373. 


CONTINUATION  OF  FEUDS  WITH  LOUD  MAXWELL.  lxxv 

though  at  first  sight  they  appear  such  as  arose  in  the  ordinary  course  of 
border  rule,  their  consequences  were  far-reaching,  as  it  is  at  this  time  that  the 
bad  feeling  which  had  formerly  existed  between  the  chiefs  and  clans  of  John- 
stone and  Maxwell  again  began  to  show  itself,  to  end,  as  will  be  seen,  in  bloody 
tragedies  to  both  families.  The  beginnings  of  the  feud  at  this  time  arose  out 
of  the  sympathy  with  marauders  of  certain  Johnstones  who  were  "  fylit  "  or 
accused  for  resetting  fugitives  from  the  English  side  of  the  border.  Where 
accusations  were  made  against  parties  on  either  side  of  the  border,  it  was  cus- 
tomary for  the  English  and  Scottish  wardens  to  meet  on  appointed  days 
called  "  days  of  trew  "  or  truce,  and  decide  the  cases,  either  punishing  the 
offenders  or  balancing  the  offences  so  as  to  secure  justice  to  either  nation. 
On  these  days  the  offenders  accused  were  bound  to  appear,  or  their  chiefs 
were  responsible,  and  if  the  latter  failed  to  produce  the  culprits,  the  wardens 
or  the  government  were  held  accountable  for  compensation.  Johnstone 
had  been  required  by  John,  Lord  Maxwell,  then  warden  of  the  west 
marches,  to  produce  certain  Johnstones  to  answer  to  the  charges  against 
them,  and  so  relieve  the  warden  and  the  king  of  their  responsibilities.  John- 
stone, however,  in  defiance  of  the  well-known  laws  of  the  marches,  had  failed 
in  this  duty,  and  Maxwell  complained  to  the  privy  council  of  that,  and  also 
of  the  disobedience  and  non-compearance  of  Johnstone's  friends  and  servants 
before  the  king's  courts  of  the  stewartry  of  Annandale. 

The  privy  council  decided  against  Johnstone  upon  both  counts,  declaring 
that  he  ought  to  enter  accused  persons  on  the  "  days  of  trew,"  and  also  Lo 
attend  the  stewartry  courts,  while  they  ordered  Lord  Maxwell  to  give  safe- 
conduct  to  the  servants  in  passing  to  and  from  these  courts.  A  secondary 
question  between  the  parties  related  to  the  eating  or  destruction  of  certain 
corn  by  the  servants  and  horses  of  Johnstone  on  the  one  side,  and  by  Lord 
Maxwell's  brother  and  his  attendants  on  the  other.  The  council  ordered 
witnesses  to  be  produced,  both  parties  giving  security  to  produce  any  persons 
complained  against,  while  they  allowed  an  ordinary  civil  action  to  be  raised. 


lxxvi  SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 

Johnstone  himself  appears  to  have  attended  before  the  privy  council,  and 
in  reply  to  its  decisions  he  promised  (1)  to  enter  before  the  council  so  many 
pledges  of  his  friends  and  servants  as  had  gone  home  without  leave;  (2)  to 
produce  the  persons  accused  at  the  next  "  day  of  trew ;"  and  (3)  to  cause  all 
his  friends  in  Annandale  not  already  pledged  to  enter  under  pledge  to  the 
government.  Lord  Maxwell,  who  was  also  present,  then  joined  with  Johnstone 
in  an  attempt  at  settling  their  differences,  by  each  naming  so  many  persons 
from  among  their  friends,  who  should  meet  together  and  endeavour  to  com- 
pose the  quarrel.  Meanwhile  both  parties  promised  to  keep  good  rule  in  the 
district,  and  safe-conduct  to  and  from  the  stewartry  courts  was  secured  to  the 
Johnstones.1 

Besides  the  threatened  quarrel  with  Lord  Maxwell,  Johnstone  at  this  time 
got  into  difficulties  with  the  regent  and  council,  who  ordered  him  to  be  placed 
in  ward  until  he  presented  certain  members  of  his  clan  before  them  for 
justice.  He  apparently  remained  in  custody  until  the  end  of  February 
1575,  when  the  Earl  of  Glencairn  and  three  others  became  securities  for 
him  to  the  amount  of  £10,000  Scots  of  penalty.2  In  the  following  year,  John- 
stone himself  joined  with  Archibald,  Earl  of  Angus,  then  lieutenant-general  on 
the  borders,  in  a  surety  for  the  appearance  of  the  same  culprits.3  A  year 
later  he  and  Lord  Maxwell  again  appeared  on  opposite  sides  in  a  question 
before  the  council  affecting  the  warden's  procedure.  Lord  Maxwell  as  warden 
had,  on  31st  March  1575,  at  a  meeting  at  Gretnakirk,  accused  a  servant  of 
Johnstone's  in  terms  of  a  "  bill "  or  complaint  presented  by  an  Englishman, 
for  the  sum  of  £17  sterling.  Johnstone  took  the  part  of  his  servant,  and  com- 
plained to  the  council  of  wrongful  accusation.  Lord  Maxwell  declared  that 
the  alleged  culprit,  Jok  Irving  of  the  Steelhill,  was  rightly  accused,  and  offered 

1  Register  of   the   Privy  Council,   vol.  ii.       Seton,  Sir  James  Balfour  of  Pittendreich,  and 
pp.  421-423.  Sir  James  Cockburn  of  Scraling. 

2  Ibid.  pp.  421,  434.     The    sureties  were 

William,    Earl   of   Glencairn,    George,    Lord  3  Ibid.  p.  494. 


BOND  BY  JOHNSTONES  TO  THEIR  CHIEF,   157".  lxxvii 

to  produce  six  witnesses  to  prove  it.  The  case  was  adjourned  that  these  wit- 
nesses might  be  present,  but  nothing  further  appears  on  record.1 

These  details  of  border  matters  may  seem  monotonous,  but  they  are 
interesting,  because  they  illustrate,  as  far  as  legal  documents  can,  the  rest- 
less, turbulent  life  of  those  over  whom  Johnstone  had  jurisdiction,  and  the 
incessant  conflict  they  waged  with  the  authorities.  A  more  peaceful  aspect 
is  shown  in  a  writ  signed  by  him  in  December  1577,  while  residing  at 
Cummertrees,  near  Annan.  The  "  auld  "  tenants  of  the  lands  of  Kelhead, 
also  in  that  neighbourhood,  declare  themselves  "  contentit  to  cum  in  his  will 
and  make  him  thankfull  payment  and  dalye  seruice,"  with  multure,  bear 
[barley],  and  kain-fowls,  and  to  pay  their  "  enteres  "  between  the  date  and  New 
Year's  day  next.  John  Johnstone  in  return  bound  himself  to  defend  all 
those  tenants  who  entered  with  him  and  paid  their  dues  and  service,  the 
obligation  to  last  during  the  life  of  his  sister  Jean  Johnstone,  who  was  life- 
rentrix  of  the  lands.2 

A  similar  peaceful  strain  runs  through  another  document  dated  some 
months  later,  and  joined  in  by  the  clan  "  that  beris  and  hes  the  nayme 
of  Johnnstounis  in  speciall  and  in  generall  quha  dependis  vpoun  the  lard  of 
Johnnstoun."  They  bind  themselves,  when  any  controversy  arises  among 
them  about  blood,  goods,  or  lands,  to  refer  the  dispute  to  Eobert  Johnstone  in 
Carnsalloch  and  eleven  other  Johnstones  "  as  aimable  freindis  equalie 
chosin  be  the  rest  and  consent  of  the  nayme  that  hecht  Johnnstoun," 
Johnstone  himself, "  thair  cheif  and  maister,"  acting  as  oversman.  Every  one 
is  to  abide  by  the  decision  of  these  arbiters  in  any  question,  and  if  any  one 
fail  to  obey,  the  rest  of  the  clan  are  to  oppose  him  and  punish  him  as  they 
think  expedient.  If  any  of  the  arbiters  themselves  have  any  dispute  it  also 
is  to  be  submitted  and  decided  upon  like  other  questions,  and  this  agreement 

1  Register  of  Privy  Council,  vol.  ii.  p.  593.        Charter-chest.      Jean    Johnstone    was    the 

2  Mutual  obligation  signed  by  John  John-        widow  of  William,  Master  of    Carlyle,  who 
stone,   9th    December    1577,    in    Annandale       died  in  1572. 


Ixxviii  SIR  JOHN  JOHNSTONE,  KNIGHT,   1567-1587. 

is  to  remain  in  force  for  a  year  or  longer,  according  as  the  chief  and  his 
friends  think  fit.1 

During  the  same  year,  1578,  Johnstone  was  also  called  on  to  deal  with  the 
affairs  of  persons  in  whom  he  was  interested  outside  his  clan.  Thus  he  bound 
himself  under  a  penalty  of  £2000  to  present  before  the  privy  council  a  man 
named  Alexander  Carlile  who  had  been  imprisoned  in  irons  for  nearly  six 
months  by  Lord  Maxwell  as  warden.2  Later,  he  appeared  before  the  council 
on  behalf  of  Robert  Scott,  the  young  laird  of  Thirlstane,  to  whom  he  was  a 
curator,  to  complain  of  depredations  on  the  Thirlstane  estate  and  mansion- 
house.  The  culprit,  Sym  Scott  of  Winterburgh,  had  not  only  "  masterfullie  " 
attacked  the  house  with  armed  men,  but  still  held  it  by  force.  After  some 
delay  and  a  charge  being  issued  by  the  council  to  that  effect,  Sym  Scott  gave 
up  the  house,  or  promised  to  do  so,  under  a  penalty  of  £500  Scots.3 

CHAPTEK  THIRD. 

Disputes  about  Wardenship — Johnstone  appointed  Warden,  1579 — Feud  between  Jolin- 
stones  and  Maxwells — Slaughter  of  Johnstone  of  Smallgills  by  Armstrongs — Compensa- 
tion for  his  slaughter — Slaughter  of  William  Johnstone  in  Hayhill— Johnstone  deprived 
of  Wardenry,  which  was  bestowed  again  on  Lord  Maxwell,  1581 — Imprisonment  and 
execution  of  James  Douglas,  Earl  of  Morton — Johnstone  ordered  to  ward  north  of 
River  Earn — Truce  between  Johnstone  and  Earl  of  Morton  (Maxwell) — Raid  of 
Ruthven — Johnstone  again  appointed  Warden. 

There  were  several  changes  made  in  the  government  of  the  borders  at  this 

time,  and  proposals  made  for  their  regulation,  in  which  John  Johnstone  was 

interested.     Lord  Maxwell,  who  had  been  deprived  of  the  office  of  warden  in 

1577  and  again  reinstated,  was  now  in  1579  a  second  time  dismissed,  and  his 

uncle  John  Maxwell,  Lord  Hemes,  appointed  in  his  place.     Previous  to  this, 

William,   Lord   Ruthven,   had    been    acting    as   lieutenant-general    on  the 

1  Original,   dated  at   the   chapel  of  Din-  Thomas  Johnstone   of   Craigieburn,    Gilbert 

woodie,    2d    December    157S,    in   Annandale  Johnstone  of  Wamphray,  and  others. 

Charter-chest.     The   names   of   the   arbiters  2  Register  of  Privy  Council,  vol.  iii   p.  33- 

were     Robert     Johnstone     in     Carnsalloch,  3  Ibid.  pp.  39,  72. 


LORD  HERRIES'  REPORT  ON  THE  BORDERS.  Ixxix 

borders,  and  had  shown  a  good  deal  of  energy  in  the  office.  It  was  no  doubt 
owing  to  his  recommendation  that  Lord  Herries  prepared  and  presented  to  the 
Council  a  report  on  the  condition  of  the  borders  and  the  best  means  by  which 
they  might  be  governed.  Lord  Maxwell  denounced  the  report  as  "pernicious 
counsale,"  intended  rather  to  be  prejudicial  to  himself  than  for  the  common 
good.  The  result  of  the  debate  on  the  subject  in  the  council  was  the 
appointment  of  Lord  Herries  as  warden. 

The  report  by  that  nobleman  was  very  favourable  to  Johnstone,  which, 
perhaps,  was  one  reason  why  it  was  unpalatable  to  Maxwell.  Lord  Herries 
recommended  that  the  warden  of  the  west  marches,  which  were  most  in 
question,  should  make  his  fixed  residence  in  the  castle  of  Lochmaben,  or  in 
winter  at  Dumfries,  and  should  hold  the  stewartry  courts  weekly.  He  further 
proposed  that  every  landed  man  should  present  his  servants  to  that  court 
when  required,  no  exemption  to  this  rule  being  permitted.  He  advised  that 
to  assist  the  warden  or  steward  there  should  be  five  or  six  of  the  wisest  men 
of  the  district  as  deputies,  and  of  these  two  were  to  be  Johnstones  "  of  the 
wysest  and  ressonabillest  men  that  culd  be  found."  To  give  John  Johnstone 
no  occasion  to  think  that  the  correction  of  his  dependants  was  done  either 
from  greed  or  any  kind  of  partiality,  it  was  suggested  as  expedient  that  he 
should  have  one-half  of  the  forfeited  goods  of  such  of  his  men  as  surrendered 
under  his  bond  to  the  law  and  were  found  guilty  and  executed.  To  this  last 
proposal,  which  he  described  as  giving  Johnstone  occasion  "to  lyke  weill  of 
his  thevis'  correctioun,"  Lord  Maxwell  strongly  objected,  as  he  argued  that  if 
Johnstone  had  this  reward  of  his  disobedience,  other  barons  might  thereby 
be  encouraged  to  disobedience  until  they  obtained  the  same  advantage.1 

The  report  also  recommended  that  the  landed  men  in  the  district  should 
keep  garrisons  and  reside  in  their  own  houses  during  any  time  of  special 
turbulence,  giving  every  assistance  in  their  power  to  the  warden  for  the  time. 
It  is  not  clear  what  effect  was  given  to  this  and  other  suggestions  in  the 

1  Register  of  Privy  Council,  vol.  iii.  pp.  77-84. 


lxxx  SIR  JOHN  JOHNSTONE,  KNIGHT,   1567-1587. 

report.  There  was  no  immediate  result,  and  on  the  same  day  on  which  it 
was  considered  we  find  Johnstone  and  others  becoming  sureties  as  on  former 
occasions  for  various  borderers  who  had  been  in  ward  as  pledges  and  were 
now  released.1  He  also  became  surety  for  several  Turubulls  and  Scotts 
that  they  would  appear  before  the  council  and  answer  for  slaughter  and 
forcible  seizing  of  lands.2  The  release  of  the  pledges  referred  to  was  the 
result  of  an  arrangement  with  the  government  in  terms  of  an  obligation  by  a 
number  of  Jolmstones  for  whom  the  pledges  were  responsible.  They  declared 
that  John  Johnstone,  their  "  cheif  and  maister,"  at  their  "  speciall  desire  and 
fervent  supplication,"  had  bound  himself  for  their  common  weal  to  the  king 
and  his  lieutenant,  and  had  pledged  his  life,  lands  and  heritage,  that  they,  and 
every  one  of  the  surname,  would  be  obedient  to  the  laws.  He  had  also  faith- 
fully promised  to  them  to  relieve  their  pledges,  then  in  the  king's  hand,  and  to 
put  them  to  liberty.  In  return  they  bind  themselves  and  all  their  kin  to  assist 
in  searching  for  and  apprehending  any  of  their  number  who  should  commit 
any  crime  by  which  their  master  might  incur  liability,  and  to  bring  the  culprit 
to  him  to  be  punished  as  he  thinks  fit.  Further,  if  the  evil-doer  cannot  be 
apprehended,  they  bind  themselves  to  burn,  harry,  and  put  him  out  of  the 
country,  and  to  satisfy  the  complainers.3 

This  bond  appears  to  have  been  adhered  to,  and  with  good  effect,  if  we  may 
judge  from  the  fact  that  during  the  next  few  months  no  charge  against  any 
Johnstone  occurs  either  in  the  records  of  the  privy  council  or  the  justiciary 
court.  In  August  1579  Lord  Herries  resigned  the  office  of  warden;  and  as 
Lord  Maxwell  was  at  the  time  confined  in  Blackness  Castle,  the  chief  of 
Johnstone  was  appointed  to  the  vacant  post.  The  bounds  assigned  to  him 
were  the  west  marches  of  Scotland  opposite  England,  and  included  the 
districts  of  Eskdale,  Ewesdale,  Wauchopedale,  Annandale,  Nithsdale  and 
Galloway,  up  and  down  the  Cree,  and  over  these  his  commission  gave  him 

1  Register  of  Privy  Council,  vol.  iii.  p.  85.  -  Ibid.  pp.  SG,  S7. 

3  Obligation,  dated  3rd  January  1578-9,  in  Annandale  Charter-chest. 


RENEWAL  OF  FEUDS  WITH  MAXWELLS,  1579.  lxxxi 

full  justiciaiy  powers.1  The  usual  proclamation  was  issued  at  the  market 
cross  of  Dumfries  and  elsewhere,  charging  the  inhabitants  of  the  district  to 
obey  the  new  warden  and  assist  him  in  every  way,  at  their  peril.2  Following 
upon  this,  a  week  or  two  later,  we  have  a  bond  in  the  warden's  favour  by 
James  Graham  of  Gillisbe  for  himself,  his  men,  tenants  and  servants,  binding 
them  all  in  manrent  service  in  the  usual  terms.3  In  April  of  the  following 
year,  1580,  there  was  a  similar  but  more  significant  document  signed 
mutually  by  the  warden,  on  one  side,  and  Edward  Maxwell  of  Tinwald 
and  James  Maxwell  of  Portrack,  for  their  friends,  on  the  other.  The 
Maxwells  bound  themselves  to  take  "  trew,  plane  and  uprycht  pairt "  with 
the  warden  against  their  own  nominal  chief,  John,  Lord  Maxwell,  Eoger 
Grierson  of  Lag,  and  their  party  and  friends,  while  Johnstone  on  the  other 
hand  assured  them  of  support  and  assistance  against  the  same  persons.4 

This  bond  indicates  virtually  a  new  outbreak  of  the  feud  between  John- 
stone and  Maxwell.  The  latter,  who  had  been  in  ward,  was  liberated  in 
December  1579  on  his  promise  to  behave  himself  as  a  dutiful  subject,  and  to 
assist  the  warden  in  preserving  the  peace.  But  not  long  afterwards,  at  a  fray 
in  Dumfries,  two  of  his  relatives  assaulted  Johnstone  of  Carnsalloch  "  to  the 
effusion  of  his  bluid  in  gret  quantitie,"  and  as  one  of  the  Maxwells  was 
also  hurt,  John  Johnstone  and  Lord  Maxwell  were  both  charged  by  the 
privy  council  to  subscribe  a  mutual  assurance  to  be  entered  into  by  both 
parties  and  their  friends.5  This  apparently  was  done,  but  only  a  few  weeks 
later  Johnstone  complained  to  the  council  that  Maxwell  had  broken  the 
assurance  and  had  convened  the  king's  lieges  "in  weirlyke  maner."  The 
case  was  continued  for  proof,  but  no  record  of  the  matter  is  preserved,  and  on 
2nd  September  1580  they  mutually  signed  another  assurance  to  last  for  six 

1  Commission,     27th     August     1579,     in       ber  1579,  in  Annandale  Charter-chest. 
Annandale  Charter-chest.  4  Original,   dated    Lochmaben,   8th    April 

2  Register  of  the  Privy  Council,   vol.  iii.      1580,  in  Annandale  Charter-chest. 

p.  207.  5  Register  of  the   Privy   Council,   vol.   iii. 

3  Bond,  dated  at  Lochwood,  17th  Septem-       p.  265;  9th  February  1579-80. 

VOL.  I.  '  L 


lxxxii  SIR  JOHN  JOHNSTONE,  KNIGHT,  15G7-1587. 

months.     A  similar  bond  was  given  by  Lord  Maxwell  to  the  Maxwells  of 
Tinwald  and  Portrack,  who  were,  as  we  have  seen,  allies  to  John  Johnstone.1 
Sule  by  side  with  these  petty  quarrels  among  their  dependants  there 
were  causes  of  irritation  between  the  principals,  arising  out  of  the  alleged 
refusal  by  Lord  Maxwell  to  deliver  to  Johnstone  certain  papers  connected 
with  his  office.     The  latter  at  least  complained  that  Lord  Scrope,  the  warden 
on  the  English  side,  "  burdynnit "  him  to  make  delivery  of  persons  accused 
by  Englishmen,  there  being  as  many  or  more  accusations  on  the  Scottish 
side  of  which  redress  could  not  be  got,  as  Lord  Maxwell,  late  warden,  had 
all  the  papers  in  his  possession.     Lord  Maxwell  and  his  deputy  were  duly 
charged  by  the  privy  council  to  produce  these  documents.     They  appeared 
in  answer,  and  declared  that  the  "  bills  "  or  accusations  and  other  papers 
had  been  offered  to  Johnstone  and  refused  by  him,  aud  further,  that  Lord 
Maxwell  had  himself  consigned  them  to  the  custody  of  the  council.     They 
therefore  claimed  to  be  released  from  the  penalties  threatened  against  them. 
The  council  first  decided  that  the  letters  of  charge  had  been  properly  executed, 
because  Maxwell  had  not  delivered  the  papers  within  the  time  assigned  to 
him,  but  afterwards  they  released  him  and  his  deputy.2     This  matter  was 
scarcely   settled    when    another   question   was    raised,   this    time   by   Lord 
Maxwell,  who  petitioned  to   have   the   use  of  the  house   and   fortalice  of 
Langholm.      These  had  been  taken  from  him  by  command  of  the  council 
and  delivered  over  to  the  custody  of  Johnstone   as  his  successor  in   the 
wardenry,  but,  as  Lord  Maxwell  asserted,  it  served  nothing  for  the  use  of 
the  new  warden,  as  it  remained  uninhabited  by  him  or  his.     The  key  was 
left  nominally  to  the  care  of  Lord  Maxwell's  servants,  who,  however,  were 
forbidden  on  pain  of  their  lives  to  enter  the  building  without  the  king's 
permission.     In  these  circumstances  Lord  Maxwell  petitioned  that  as  the 
want  of  the  house  was  prejudicial  to  himself  and  the  district,  and  as  being 
unoccupied  it  might  be  seized  bjr  thieves  from  either  side  of  the  border, 
1  Register  of  Privy  Council,  vol.  iii.  pp.  287,  302.  2    Ibid.  pp.  286,  287,  297-299. 


APPOINTED  WARDEN  OF  THE  WEST  MARCHES,  1579  lxxxiii 

it  should  be  restored  to  him  to  be  used  for  the  better  preservation  of  the 
neighbourhood.  Johnstone  was  personally  present  at  the  hearing  of  this 
petition,  and,  no  doubt  with  his  consent,  it  was  directed  that  Maxwell  should 
have  the  use  of  the  house,  on  condition  that  it  be  given  up  to  the  warden 
whenever  he  required  it,  who  in  turn  should  restore  it  to  the  owner  when 
not  needed  for  official  purposes.1 

In  his  capacity  as  warden  and  also  as  chief  of  a  clan,  Johnstone  had  to 
deal  with  questions  of  compensation  and  reparation  to  surviving  members  of 
families  or  households  whose  head  had  been  killed.  Thus  some  time  appar- 
ently not  long  after  his  appointment  as  warden,  one  of  his  clansmen,  Simon 
Johnstone  of  Smallgills  had  been  slain  by  certain  Armstrongs,  who  made 
offers  of  compensation  to  the  injured  relatives,  as  the  unhappy  event  appears 
to  have  been  unpremeditated.     The  offers  are  addressed,  on  the  outside — 

"  To  the  rycht  honorabill  the  lard  of  Jhonston,  lord  varden  of  the  west 
marsches,  and  to  the  barnes  of  wmquhyll  Symont  Jhonston  of  Smallgylls,  and  to 
James  Jhonston  in  Capellgyll,  and  to  the  rest  of  your  brether,  your  kyn,  freyndis, 
allians,  your  parte  and  parttakaris," 

and  they  are  made  by 

"  Arche  Armestrang,  Eyngen  Armestrang,  Farge  Armestrang,  brether,  with 
the  assent  and  consent  of  our  hell  brether  and  brether  sones,  and  kyn,  freynds, 
allians,  our  parte  and  parttakaris,  for  the  sodaud  and  vnprovydyt  slawchter  of 
wmpqwhyll  Symont  Jhonston  of  Smallgylles." 

They  offer,  first,  "full  repentens  to  the  Lord  our  God"  for  the  murder, 
beseeching  his  mercy  that  they  never  attempt  the  like  hereafter.  Secondly, 
they  offer  "  to  be  fathar  to  his  beirnes  and  brether  to  his  brether,"  in  all 
their  affairs.  Thirdly,  they  offer  to  be  bound  in  manrent  service  for  ever 
to  Johnstone  and  his  house.  Fourthly,  they  offer  to  come  to  the  church 
of  Moffat,  or  any  other  place  convenient,  "  in  our  lyneng  clathes,  kneleng 
vpone  our  kneyes,  with  our  sordes  dravne  in  our  liandis,  and  sail  delyvar 
1  Register  of  the  Privy  Council,  vol.  iii.  pp.  304,  305. 


lxxxiv  SIR  JOHN  JOHNSTONE,  KNIGHT,   1567-1587. 

them  to  yov  be  the  hiltis  in  tokynyng  of  repentens  of  that  wekket  and 
vuprovydet  slawchter."  Fifthly,  they  offer  to  pay  the  sum  of  four  hundred 
merks  Scots.  Sixthly,  they  offer,  if  the  above  be  not  sufficient,  to  abide 
the  judgment  of  four  Johnstones  and  four  Armstrongs,  equally  chosen  by 
each  party,  and  to  fulfil  their  decision.  Seventhly,  they  offer  to  give  to 
the  eldest  son  of  the  slain  man  a  horse  worth  one  hundred  merks  or  else 
one  hundred  merks  in  money,  as  he  prefers,  and  they  conclude  by  expressing 
an  earnest  desire  that  their  offers  may  be  accepted.1 

A  similar  document  was  presented  to  John  Johnstone  some  months  later 
by  Edward  Irving  of  Bonschaw,  George  Grahame  of  Eainpatrick,  and  John 
Irving  of  Knokhill,  offering  compensation  on  behalf  of  themselves  and  their 
friends  "  for  being  on  the  feild  at  the  vnhappe  slauchtter  "  of  the  late  William 
Johnstone  in  Hayhill,  which  they  "sayrlie  repent."  The  offers  made  are 
for  the  most  part  identical  in  terms  with  those  in  the  writ  already  quoted, 
but  there  are  some  differences.  Thus  their  second  offer  is  "  to  try  oure 
innocens  and  to  acquite  ws  and  all  ouris  that  nane  of  ws  schot  that  vnhappie 
schot  quhareby  the  said  Williame  was  slayne,  nor  bure  the  said  Williame 
ua  rankour  in  our  harttis."  Thirdly,  they  offer  to  surrender  two  of  their 
number  into  the  hands  of  the  laird  of  Johnstone  at  Lochwood,  to  abide 
such  trial  as  he  shall  appoint  "  that  nane  schot  the  sayde  schot,"  but 
if  either  be  found  culpable,  their  punishment  is  consented  to  without 
prejudice  to  other  offers.  The  offer  of  five  hundred  merks  money  to  the 
widow  and  children  is  made  with  a  promise  of  more  if  desired.  They 
conclude  by  earnestly  desiring  the  acceptance  of  the  offer.2  These  writs 
are  of  considerable  interest  as  indicating  the  method  of  procedure  in  cases 
where  unpremeditated  slaughter  had  been  committed. 

Some  other  documents  referring  to  this  period  of  wardenry  may  also 
be    noticed.       The    first   is    an    order   of  council   directing    Lord    Paithven 

1  Original,  not  dated,  in  Annandale  Charter-chest. 

2  Offers,  dated  February  1581-2,  in  Annandale  Char-ter-chcst. 


DEATH  OF  DOUGLAS,  EARL  OF  MORTON,   1581.  lxxxv 

as  treasurer  to  pay  the  warden's  wages.  We  learn  from  this  that  he  was 
not  only  held  entitled  to  a  fee,  but  also  to  keep  up  a  garrison  of  horsemen 
for  the  service  of  his  office  at  the  expense  of  the  government.1  The  order, 
however,  does  not  state  what  the  amount  of  fee  was.  Another  act  autho- 
rised him  as  an  officer  of  the  crown  to  arrest  and  distrain  the  goods  of 
certain  persons  who  had  been  sureties  for  a  prisoner  named  John  Batie,  who 
had  been  released  from  ward  at  Dumfries  under  pledge  for  his  return.  This 
pledge  he  had  violated  and  was  causing  trouble  in  the  district,  while  his 
sureties  were  called  upon  to  pay  the  penalty.2  Such  pledges  for  persons 
liberated  on  bail  and  two  others  were  given  to  the  warden  about  this  time. 
Christy  Armstrong  of  Barngleis  bound  himself  that  certain  persons  of  the 
name  of  Little  should  be  forthcoming  when  required  to  answer  to  the 
complaints  made  against  them  on  both  sides  of  the  border.3  A  similar 
bond  was  given  for  Thomas  Johnstone  of  Fiugland,  who  was  allowed  to  go 
home  for  five  days,  that  he  would  enter  himself  again  in  Loclimaben, 
his  sons  William  and  Simon  remaining  within  the  town  till  his  return,  in 
addition  to  the  caution  given  in  the  bond.4  Besides,  there  are  various 
occasions  on  which  Johnstone  himself  was  held  responsible  for  the  appear- 
ance before  the  council  of  defaulting  members  of  his  clan.5 

On  the  last  day  of  the  year  1580,  James  Douglas,  Earl  of  Morton, 
formerly  regent,  was  committed  to  ward  on  the  charge  of  being  accessory 
to  the  murder  of  King  Henry  Darnley,  and,  as  is  well  known,  this  led  to  his 
trial  and  execution  six  months  later.  In  him  Johnstone  lost  a  staunch 
supporter,  and  one  who  had  befriended  him  in  all  his  quarrels  with  his 
rival,  Lord  Maxwell.  With  the  decline  of  Morton's  influence  Johnstone's 
enemies  began  to  make  head  against  him,  and  in  the   early  part   of   the 

1  Extract  Act  of  Council,  24th  September  3  Bond,    dated   Lockerbie,    8th   February 
15S0  ;  Register  of  Privy  Council,  vol.  iii.  p.       loSO-Sl,  in  Annandale  Charter-chest. 

316.  4  Bond,  dated   Loehmaben,  21st  February 

2  Act  in  Annandale  Charter-chest ;  Register       1580-81,  ibid. 

of  Privy  Council,  vol.  iii.  p.  315.  6  Register  of  Privy  Council,  vol.  iii.  p.  352. 


lxxxvi  SIR  JOHN  JOHNSTONE,  KNIGHT,   1567-1587. 

year  1581,  various  reports  were  made  to  the  king  that  the  warden 
was  relaxing  in  the  performance  of  his  duties.  He  had  been  ordered  to 
hold  a  "  warden  raid  "  upon  the  borders,  and  the  usual  muster  of  fencible 
men  had  been  summoned  to  meet  him  at  Dumfries  on  15th  December  for 
executing  justice  on  offenders.  He  does  not  appear  to  have  obeyed  this 
order,  and  a  similar  summons  was  issued  for  15th  February  1581,  which 
was  again  postponed  to  20th  March.  These  facts  probably  gave  ground 
for  the  reports  as  to  the  warden's  laxity  which  the  king  at  first  was  slow 
to  believe,  because  of  Johnstone's  previous  good  service,  but  as  he  failed 
to  appear  when  charged  to  clear  himself,  he  was  declared  a  rebel,  and  the 
office  of  warden  was  again  conferred  upon  John,  Lord  Maxwell.1 

It  is  evident  that  Johnstone  was  considered  a  partisan  of  Morton  and  of 
the  Earl  of  Angus,  as  after  the  execution  of  the  first  and  the  flight  of  the 
second  into  England,  he  was  taken  bound  to  enter  in  ward  "  benorth  the 
water  of  Erne,"  and  also  to  deliver  up  all  the  wardenry  papers  remaining 
in  his  hands.  The  warding  was,  however,  postponed  for  a  time,  as  he  had 
certain  actions  depending  before  the  privy  council.2  Later,  he  was  further 
bound  under  heavy  penalties  that  he  would  not  intercommune  with  the  Earl 
of  Angus.  An  order  was  also  issued  affecting  his  property,  not  his  estates, 
but  his  moveable  goods,  which  apparently  were  taken  care  of  by  his  clan.3 
In  the  beginning  of  the  year  1582,  however,  Johnstone  and  a  number  of 
others  were  charged  to  appear  before  the  privy  council  to  answer  inquiries  as 
to  certain  disturbances  on  the  west  marches  in  which  some  Englishmen 
were  concerned,  "  brocht  in,  as  his  hienes  is  informit,  be  sum  evill  disposit 
personis,  inhabitants  of  the  said  marche,  purposelie  as  apperis  to  the 
troubling  of  the  gude  and  quiet  estate  of  the  cuntre."  4  It  is  not  improbable, 
though  there  is  no  clear  evidence  on  the  point,  that  the  disturbance  referred 

1  Register  of  Privy  Council,  vol.  iii.  pp.  332,  339,  355,  374-376. 

2  Ibid.  pp.  396,  409. 

3  Ibid.  pp.  414,  434  ;  9th  December  1581. 

4  Ibid.  p.  455;  22d  February  1581-2. 


THE  RAID  OF  RUTHVEiSr,   1582.  lxxxvii 

to  was  caused  by  the  Earl  of  Angus,  then  a  refugee  in  England,  who  is  said 
to  have  been  so  incensed  at  the  title  of  Earl  of  Morton  being  granted  to  Lord 
Maxwell  that  he  invaded  and  laid  waste  some  of  that  nobleman's  lands. 
About  a  month  after  this  summons,  Lord  Maxwell,  henceforth  to  be  known 
as  Earl  of  Morton,  and  Johnstone  entered  into  a  mutual  assurance  of  peace 
and  safety  betwixt  themselves  and  their  friends,  to  endure  for  nine  months.1 
One  result  of  this  temporary  reconciliation  was  that  not  long  afterwards 
they  were  both  warned  by  an  order  of  council  not  to  join  in  armed  convoca- 
tion, which  they  proposed  to  do,  being  summoned  to  attend  a  "  day  of  law  " 
at  Edinburgh  on  31st  May.  They  were  instructed  to  come  to  the  place  of 
meeting  with  only  twenty-four  persons  in  their  company,  and  "  in  quiet  and 
peciable  maner." 2  The  circumstances  for  which  this  "  day  of  law  "  was 
appointed  have  not  been  ascertained. 

For  some  months  after  this,  nothing  is  recorded  of  John  Johnstone, 
until  the  sudden  change  of  government  effected  by  what  was  known  as  the 
"  Eaid  of  Euthven."  The  two  noblemen  who  had  directed  affairs  in  Scotland 
since  the  arrest  of  the  Begent  Morton  were  Esme,  Duke  of  Lennox,  and  James 
Stewart,  Earl  of  Arran,  the  former  of  whom  was  the  king's  favourite  while  the 
other  was  the  usurper  of  Arran.  Taking  advantage  of  the  temporary  absence 
of  both  of  these  from  court,  the  Earls  of  Cowrie,  Mar,  and  others,  secured  the 
person  of  the  young  king,  and  proceeded  in  his  name  to  administer  the  govern- 
ment. Arran  was  seized  and  imprisoned,  while  Lennox  was  compelled  to 
retire  to  France.  The  change  of  politics  thus  effected  had  its  influence  on  the 
fortunes  of  Johnstone,  as  his  rival,  Morton,  fell  under  the  displeasure  of  the 
new  government.  He  had  taken  part  in  an  unsuccessful  attempt  made  by 
the  Duke  of  Lennox  to  regain  his  authority,  and  advantage  was  taken  of 
the  disturbed  state  of  the  borders  to  depose  him  from  office.  The  Earl  of 
Morton,  John,  Lord  Herries,  and  Johnstone,  with  others,  were  summoned 
to  confer  with  the  privy  council,  and  advise  as  to  the  means  best  fitted  for 
1  Register  of  Privy  Council,  vol.  iii.  p.  466.  2  Ibid.  p.  487. 


lxxxviii  SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 

repressing  theft  and  crime  on  the  borders.     The  others  appeared,  but  Morton 
did  not,  and  Johnstone  was  again  appointed  warden  in  his  stead.1 

The  office  on  this  occasion  was  imposed  with  conditions,  that  the  warden 
should  obey  the  instructions  laid  down  in  1579  by  Lord  Hemes  for  the 
government  of  the  borders.2  But  while  the  new  warden  was  thus  placed 
under  regulations,  his  entrance  on  office  was  made  as  easy  for  him  as 
possible,  as  it  was  enacted  that  because  of  the  increase  of  crime  in  the 
district  since  he  had  formerly  been  warden,  he  was  not  to  be  bound  to 
give  redress  to  any  complainer  until  the  king  should  give  further  directions 
as  to  redress.  Another  council  order  shows  that,  as  on  the  previous  occasion, 
difficulties  were  thrown  in  Johnstone's  way  by  Maxwell  and  his  dependants, 
as  they  refused  to  pay  the  dues  exigible  by  the  warden,  as  custodier  of  the 
castle  of  Lochmaben,  while  Maxwell  delayed  delivery  of  the  necessary 
official  documents.3  It  may  be  added  that  the  Euthven  government  paid  a 
good  deal  of  attention  to  the  state  of  the  borders,  several  acts  during  their 
brief  tenure  of  office  being  devoted  to  the  subject.  One  of  these  ascribes 
the  chief  cause  "  of  the  greit  rebellioun  and  contempt "  of  the  king  and 
warden  on  the  west  marches  to  the  "  ressett  of  thift  and  mutuall  dealing  " 
made  between  the  thieves  on  the  Scottish  side  and  "  thair  nychtbouris 
being  of  the  like  conditionis  and  rank  duelland  on  the  opposite  merche, 
common  innymeis  to  baith  the  realmes."  To  provide  a  remedy,  Johnstone 
was  specially  empowered  to  consult  with  the  English  warden  at  Carlisle 
or  Dumfries,  under  safe-conducts  on  both  sides,  as  to  the  means  of  re- 
pressing crime.  By  another  order  the  wardens  of  the  Scottish  marches  were 
reprimanded  for  leaving  their  jurisdictions,  and  absenting  themselves  on 
private  affairs,  and  were  forbidden  to  do  so  without  the  royal  licence.4 


1  Register  of  the  Privy  Council,  vol.  iii.  3  Register  of  the   Privy  Council,  vol.   iii. 
pp.  527,  52S,  531.  pp.  539,  540. 

2  Ibid.  vol.  iii.  pp.  77-82  ;   Book  of  Car- 
laverock,  vol.  ii.  pp.  483-487.  4  Ibid.  vol.  iii.  pp.  560,  567,  568. 


HIS  ACTIVITY  IN  THE  OFFICE  OF  WARDEN. 


CHAPTER  FOURTH. 

Anan  re-established—  Johnstone's  activity  in  his  office — Attack  on  house  of  Bonshaw  by 
Douglas  of  Drurulanrig — Captain  Lamby  spoils  the  lands  of  Blawatwood — Johnstone 
raised  to  knighthood  as  Sir  John  Johnstone  of  Dunskellie — Quarrel  with  Maxwell  about 
election  of  a  provost  of  Dumfries — Lochwood  attacked  and  burnt,  1585 — Sir  John 
taken  prisoner — His  death,  1587 — Margaret  Scott,  Lady  Johnstone. 

The  government  constituted  by  the  Eutliven  raiders  was  brought  to  an 
abrupt  conclusion  by  a  counter  revolution  on  27th  June  1583,  and  a  few 
weeks  later  the  Earl  of  Arran  came  again  into  power.  The  fortunes  of 
Johnstone  continued  to  be  in  the  ascendant  under  the  new  regime,  as  his 
rival  Maxwell  was  obnoxious  to  the  powerful  favourite.  Indeed,  it  is  from 
this  time  that  we  may  date  the  beginning  of  the  fiercest  part  of  the  feud 
which  previous  events  had  fostered  between  the  two  rival  chieftains,  and 
which  was  soon  to  be  stirred  to  greater  activity.  Before  the  matter  reached 
this  climax,  we  find  from  the  records  of  council  that  Johnstone  applied  himself 
strictly  to  the  duties  of  his  office.  His  interpretation  of  these  led  him,  in 
August  1583,  into  a  dispute  with  the  provost  and  bailies  of  Dumfries,  who 
had  seized  and  detained  an  Englishman  named  Gavin  Hogson,  whom  they 
would  not  release  until  the  warden  gave  an  assurance  that  he  would  be 
forthcoming  when  required.  The  warden  refused  this,  on  the  ground  that 
the  man  had  a  safe-conduct  from  him  which  the  townsmen  had  violated. 
The  council,  however,  decided  against  the  warden,  who  wished  his  bond 
annulled,  declaring  it  must  stand,  as  the  man  had  been  apprehended  in  virtue 
of  royal  letters,  because  he  had  dealt  with  certain  goods  which  had  been 
pillaged  from  some  Frenchmen,  "freindis  and  confiderattis"  of  the  kingdom.1 

To  mark  his  sense  of  Johnstone's  good  and  faithful  service,  the  kin" 
granted  to  his  son,  James  Johnstone,  the  escheat  of  the  lands  of  Torthorwald, 
formerly   belonging   to  Michael  Carlyle.2      The    gift   had  been  granted  to 

1  Register  of  the  Privy  Council,  vol.  iii.  pp.  590,  591. 

2  Ibid.  vol.  iii.  pp.   596,  597.     Shortly  after  this  Johnstone  was  directed  to  deliver  up  the 
castle  of  Langholm  to  John  Maxwell,  Earl  of  Morton.     [Ibid.  p.  59S.] 

VOL.  I.  M 


xc  SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 

George  Douglas  of  Parkhead,  but  was  now  revoked  in  Johnstone's  favour. 
This  favour  was  bestowed  upon  Johnstone  a  day  or  two  after  he  had 
been  summoned  to  attend  the  king  at  St.  Andrews.  During  his  temporary 
absence  from  his  wardenry  an  incident  occurred  which  drew  from  him  a 
complaint  to  the  privy  council.  He  narrated  the  terms  of  his  accepting 
office,  with  an  allowance  for  a  garrison  of  horsemen,  though  lie  had  received 
little  of  it.  He  reminded  the  council  that  he  had  preferred  the  king's  service 
and  the  quietness  of  the  country  to  his  own  private  gain,  and  assured  them 
that  at  "  lairge  and  sumptuous  charges  "  he  had  reduced  his  troublesome  district 
to  such  obedience  that  he  could  cause  all  men  within  his  wardenry  "  to  make 
answer  and  redres  bayth  to  Scotland  and  England  for  onie  attemptatis 
committit  be  thame."  Notwithstanding  this,  however,  taking  advantage  of  his 
absence,  James  Douglas,  the  laird  of  Drumlanrig,  and  Mr.  Eobert  Douglas, 
provost  of  Lincluden,  with  a  company  of  their  friends  and  servants,  and  a 
following  of  Carlyles,  Irvings,  outlawed  Scots,  English  borderers  and  others, 
"  broken  men  "  whom  the  laird  of  Drumlanrig  had  "  interteneit"  for  the  last 
half  year,  to  the  number  of  fifty  men,  had  made  an  attack  on  the  house  of 
Bonshaw,  belonging  to  Edward  Irving,  a  connection  of  the  warden,  who  had 
placed  there  a  number  of  Bells  and  Irvings  to  be  kept  in  custody  "  as 
notorious  offendouris,  rebellis  and  dissobedient  personis."  The  Douglases 
forcibly  entered  the  house  and  liberated  these  persons,  whom  they  carried  to 
the  town  of  Dumfries  and  the  college  of  Lincluden,  where  they  still  remained, 
while  the  chief  marauders  with  their  outlaw  companions  returned  home  to 
Drumlanrig.  The  council  summoned  the  Douglases,  who  admitted  that 
some  of  the  persons  liberated  were  at  Drumlanrig.  The  laird  of  Drumlanrig 
was  ordered  into  custody  in  Edinburgh  Castle,  while  the  provost  of  Lincluden 
was  warded  in  Blackness,  to  remain  until  those  who  had  been  released 
were  produced  before  the  council  or  the  warden.1 

1  Register  of  the  Privy  Council,  vol.  iii.  pp.  apprehension  of  the  persons  who  had  thus 
607,608;  29th  October  1583.  On  1st  March  violently  been  set  at  liberty.  [Ibid.  p.  638.] 
1G84,    a   proclamation    was    issued   for   the 


CAPTAIN  LAMBY  PLUNDERS  BLAWATWOOD,   1583.  xci 

Johnstone,  in  his  complaint  just  cited,  refers  to  a  garrison  of  horsemen 
which  was  supposed  to  be  kept  up  by  the  government  for  the  use  and  at 
the  service  of  the  warden.  This  garrison,  however,  was  ill-paid,  and  seems 
to  have  been  occasionally  a  cause  of  embarrassment  rather  than  a  help,  if  we 
may  judge  from  an  incident  which  occurred  in  May  1583,  before  the  close  of 
the  Euthven  administration.  The  leader  of  the  warden's  troop  at  this  time 
was  Captain  Andrew  Lamby,  who  appears  in  the  privy  council  register  as 
a  strong  enemy  of  the  house  of  Hamilton  and  the  custodier  at  Linlithgow  of 
the  Earl  of  Arran.  Captain  Lamby  appears  to  have  been  a  rough  soldier, 
and  his  conduct  on  that  occasion  bears  out  this  view,  for  he  and  his  men, 
probably  on  account  of  some  difficulty  as  to  pay,  marched  to  the  lands  of 
Blawatwood,  belonging  to  Arthur  Graham,  and  seized  fifty  cattle  and  eighty 
sheep,  with  a  horse.  The  cattle  were  valued  by  the  owner  at  seven  pounds 
a-piece,  and  the  sheep  at  twenty-four  shillings  each,  while  the  horse  was 
worth  thirty  pounds,  all  in  Scots  money.  The  trespassers  also  carried  off, 
from  the  poor  tenants,  one  hundred  and  twenty  nolt  or  young  cattle,  valued 
at  one  hundred  and  fifty  pounds,  and  they  refused  to  deliver  or  restore  the 
spoil  until  paid  that  sum.  Even  then  they  carried  off  Graham's  own  cattle 
and  horse  and  refused  to  return  them.  He  complained  to  the  privy  council, 
declaring  that  Lamby  and  his  troop  acted  under  the  orders  of  the  warden, 
and  as  they  were  not  responsible  he  should  be  held  liable.  The  lords  of 
council  directed  the  warden  to  restore  the  goods  or  their  value,  to  refund 
£150  paid  for  the  nolt,  and  give  surety  in  £2000  to  be  answerable  for  all 
"  attemptatis  bigane  and  to  cum." 1 

Johnstone  and  his  men  were  at  a  later  date  called  to  take  active  part  on  a 
wider  field  than  that  of  border  police.  The  Earls  of  Gowrie,  Mar,  and  Angus, 
and  their  adherents,  who  for  a  period  had  been  in  exile  or  obscurity,  suddenly, 
in  April  1584,  drew  to  a  head,  raised  a  force,  and  seized  the  castle  of  Stirling. 
The  king,  by  the  activity  of  Arran,  raised  an  army  of  about  10,000  men,  and 
1  Register  of  Privy  Council,  vol.  iii.  pp.  584,  585 ;  29th  July  1583. 


xcii  SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 

marched  against  the  insurgents,  who,  however,  did  not  await  the  onset, 
but  made  their  way  southwards,  passing  into  England.  Johnstone  joined 
the  royal  forces  with  his  troop,  and  when  the  flight  of  the  rebel  lords 
was  reported,  he  and  his  men  were  dismissed  homewards.  On  their  way 
southward,  when  not  far  from  Lanark,  they  were  descried  by  the  rebel  force, 
who,  seeing  the  small  troop  of  horsemen  approaching,  despatched  a  company 
to  see  who  they  were.  The  leader  was  Archibald  Douglas,  sometime  con- 
stable of  the  castle  of  Edinburgh,  who,  finding  that  Johnstone  was  there, 
submitted  as  to  a  clansman,  fearing  no  evil.1  But  Johnstone,  fearing  that  if 
he  allowed  his  prisoner  to  escape,  it  might  bring  him  into  disfavour  at  court, 
returned  to  Edinburgh,  delivered  his  captive  there,  and  gave  information  as 
to  the  movements  of  the  rebel  lords.  It  is  surmised  that  Johnstone  did  this 
under  the  belief  that  Douglas  would  only  be  placed  in  ward,  but  the  court 
was  so  bitter  against  the  rebels,  while  Arran  desired  to  make  Johnstone 
unacceptable  to  Angus,  and  draw  him  to  his  own  faction,  that  Johnstone  was 
thanked  for  his  service,  but  Douglas  was  hanged.2 

This  activity  brought  Johnstone  into  favourable  notice  at  court,  and  he 
was  raised  to  the  rank  of  knighthood,  as  Sir  John  Johnstone  of  Dunskellie, 
which  was  part  of  his  lands  in  the  parish  of  Kirkpatrick-Fleming  in 
Aunandale.  He  received  also  a  grant,  to  himself  and  his  wife,  of  the  lands 
of  east  and  west  "  Mont  Berrigers  "  or  Montbengers,  and  Catslack,  in  the 
county  of  Selkirk.  These  had  formed  part  of  the  forfeited  estate  of  the 
Earl  of  Angus,  and  were  conferred  for  Johnstone's  services.3  Johnstone's 
promotion,  however,  led  the  Earl  of  Arran,  who  was  then  at  the  height  of 
his  power,  to  use  him  as  an  instrument  of  annoyance  to  John  Maxwell, 
Earl  of  Morton,  who  had  incurred  the  resentment  of  the  favourite.  With 
this  view  Arran  prevailed  upon  Margaret  Scott,  Lady  Johnstone,  then  at 

1  Johnstone  and  Archibald,  Earl  of  Angus,  secondly  of  David  Douglas  of  Cockburnspath. 

head  of  the  Douglases,  were  sons  of  the  same  2  Calderwood's  History,  vol.  iv.  pp.  33,  35. 

mother,    Margaret    Hamilton,   wife,    first    of  3  Original    charter,    dated  8th   September 

James  Johnstone,    younger  of  that  Ilk,  and  1584,  in  Annandale  Charter-chest. 


RAISED  TO  THE  RANK  OF  KNIGHTHOOD,  1584.  xciii 

court,  to  persuade  her  husband  to  accept  the  office  of  provost  of  Dumfries, 
which  had  been  held  by  a  supporter  of  Maxwell.  Arran  then,  at  the  time  of 
the  election  in  September  1584,  wrote  in  the  king's  name  to  the  electors, 
requesting  them  to  choose  Johnstone  in  place  of  Maxwell's  nominee,  alleging 
that  if  he  were  made  provost  of  Dumfries  he  would  occupy  a  position  which 
would  make  his  powers  as  warden  more  effective.  But  Maxwell  assembled 
such  a  force  on  the  day  of  election  that  he  prevented  Johnstone  from  entering 
Dumfries,  and  secured  the  re-election  of  John  Maxwell  of  Newlaw,  the 
former  provost.  Of  this  fact  Johnstone  at  once  complained  to  Arran,  and 
alleged  that  unless  Maxwell's  power  were  restrained,  it  would  be  impossible 
to  keep  order  in  the  district.1 

It  was  in  consequence  of  Lady  Johnstone's  influence  at  court,  or  so  the 
English  historian  Holinshed  represents  it,  that  two  companies  of  hired 
soldiers  were  despatched  to  the  aid  of  the  warden,  under  the  command  of 
Captains  Lamby  and  Cranston.  But  this  force  was  intercepted  on  Crawford 
moor  by  a  party  of  Maxwells  headed  by  Bobert  Maxwell  of  Cowhill,  and  after 
a  sharp  conflict,  they  were  completely  defeated,  Lamby  being  killed  and 
Cranston  taken  prisoner.2  The  offences  of  Lord  Maxwell  and  his  adherents 
certainly,  in  the  beginning  of  1585,  called  forth  from  the  privy  council  a 
proclamation,  requiring  the  fencible  men  of  the  west  marches,  with  fifteen 
days'  provisions,  to  meet  the  king's  lieutenant  at  Annan,  for  service  against 
some  inhabitants  of  the  Debateable  lands,  and  also  against  refractory  depen- 
dants of  Maxwell.  A  few  days  later  Maxwell  was  denounced  rebel  and 
required  to  surrender  his  strongholds  of  Carlaverock,  Thrieve,  and  others, 
into  the  king's  hands.3 

This  order  was  issued  on  the  26th  February  1585,  and  on  3d  March 
Maxwell  wrote  to  King  James  Sixth  a  long  letter,  complaining  bitterly 
against  Stewart,  Earl  of  Arran,  who  he  declares  had  stirred  up  against  him  his 

1  The  Book  of  Carlaverock,  vol.  i.  p.  260.  2  Ibid,  p.  261. 

3  Register  of  Privy  Council,  vol.  iii.  pp.  721,  725. 


xciv  SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 

"  deadlie  enemye "  the  laird  of  Johnstone.  He  complained  also  that  the 
charges  against  him  were  false,  and  that  the  order  for  his  imprisonment  in 
Blackness  arose  from  the  ill-will  of  the  Earl  of  Arran.  He  petitioned  the 
king  that  he  might  have  a  fair  trial  or  be  allowed  to  leave  the  country  for  a 
time.  It  does  not  appear  that  a  favourable  reply  was  given,  and  owing  to 
the  confusion  between  the  rival  clans,  many  lawless  persons  were  set  at 
liberty.1  Taking  advantage  of  this,  Maxwell  resolved  to  revenge  his  own 
cause,  and  his  natural  brother,  Eobert  Maxwell  of  Cowhill,  at  the  head  of 
one  hundred  and  twenty  English  and  Scottish  rebels,  attacked  in  the  night- 
time the  castle  of  Lochwood,  Johnstone's  chief  residence,  and  plundered  it, 
after  which  they  set  fire  to  it  and  burned  it,  their  leader,  it  is  said,  observing, 
with  savage  glee,  that  he  would  give  Lady  Johnstone  light  enough  by  which 
to  set  her  silken  hood.2  This  Lady  Johnstone  was  Dame  Margaret  Scott,  a 
daughter  of  Buccleuch.  In  the  conflagration  Johnstone's  jewels  and  his 
charter-chest,  as  well  as  all  the  household  furniture,  were  destroyed.3  This 
outrage,  which  took  place  on  6th  April  1585,  was  connected  in  the  minds 
of  some  with  English  intrigue  on  behalf  of  the  banished  Earls  of  Mar, 
Angus,  and  their  adherents.  The  Master  of  Gray,  then  a  prominent  figure  in 
Scottish  politics,  wrote  to  Queen  Elizabeth,  some  days  after  the  occurrence, 
that  a  copy  letter  had  fallen  into  the  hands  of  King  James,  which  was 
reported  to  have  been  written  by  her  to  Lord  Maxwell  "  promising  him 
assistance  in  this  his  foolish  attempt."  The  king  was  not  willing  to  believe 
she  knew  of  Lord  Maxwell's  purpose,  but  the  writer  is  desirous  to  know,  for 
the  credit  of  his  mission,  whether  the  letter  was  written  by  her  Majesty,  or 
whether  it  was  issued  by  Lord  Maxwell  himself,  as  the  writer  thinks.4 

It  was  perhaps  this  suspicion,  that  Maxwell  was  in  league   with   the 

1  Letter,    Lord    Scrope    to    Walsyngham,  3    Original     claim     against     Maxwell,     in 
sending  also  a  copy  of   Maxwell's  letter  to       Annandale  Charter-chest. 

King  James.     Hamilton  Papers,  vol.  ii.  pp. 

63(5-638,  640.  *    Papers   relating  to   Patrick,    Master   of 

2  Book  of  Carlaverock,  vol.  i.  p.  262.  Gray,  pp.  43,  44. 


COMMISSION  OF  FIRE  AND  SWORD  AGAINST  LORD  MAXWELL,  1585.     XCV 

banished  lords — a  suspicion  afterwards  abundantly  verified — which  gave 
more  than  usual  energy  to  the  preparations  made  by  the  government  for 
punishing  the  outrages  committed  by  the  Maxwells.  Various  proclamations 
were  issued  charging  the  fencible  men  of  the  south  of  Scotland  to  meet  in 
arms  for  service  against  Lord  Maxwell  and  his  adherents.  He  was  deprived 
of  the  title  and  rank  of  Earl  of  Morton,  and  the  grant  of  the  lands  and  barony 
of  that  name  was  revoked  by  the  king.1  A  convention  of  estates  was 
summoned,  which  voted  a  taxation  of  £20,000  for  levying  men  and  horses  to 
serve  on  an  expedition  against  the  Maxwells.  The  expedition  thus  projected 
was  afterwards  postponed  on  account  of  the  plague,  but  meanwhile  Sir  John 
Johnstone  received,  as  warden,  a  special  commission  of  fire  and  sword  against 
Lord  Maxwell  and  his  followers.  The  Earl  of  Bothwell,  Lord  Home,  Walter 
Scott  of  Branxholm,  and  other  border  barons  and  wardens,  were  ordered  to 
assist  in  the  execution  of  the  commission.2  Maxwell,  however,  did  not  wait 
for  this  array  to  be  brought  against  him.  The  commission  was  issued  on  13th 
May  1585,  and  only  two  days  later,  we  find  Johnstone  writing  to  a  friend 
from  Lochmaben  Castle  that  Lord  Maxwell  thought  to  be  within  their 
country  shortly.  He  desires  his  friend  to  meet  him,  with  as  many  horse  and 
foot  as  possible,  on  the  following  Monday,  at  the  kirk  of  Applegirth,  that  they 
may  defend  themselves  from  invasion.3  But  Maxwell's  movements  were  too 
rapid  even  for  this  preparation,  as  on  that  very  day  and  the  day  following,  he 
and  his  whole  force  overran  the  barony  of  Johnstone  "  and  thair  brint,  slew, 
herreit,  sackit,"  and  destroyed  the  lands  and  houses,  and  carried  off  the  goods 
of  the  tenants  and  others.4 

Sir  John  Johnstone  had  already,  it  would  seem,  set  the  example  by 
burning  the  lands  of  Cummertrees,  Duncow,  and  Cowhill,  belonging  to 
Maxwell,  whose  attack  on  the  lands  of  his  rival  was  thus  a  retaliation.     It  is 

1  Register  of   the   Privy  Council,  vol.   iii.  3  Thorpe's  Calendar  of  State  Papers,  vol.  i. 
pp.  734,  735,  737,  741.                                              p.  495,  No.  42. 

2  Register  of   the  Privy  Council,   vol.   iii.  4  Claim  by  James  Johnstone  against  Max- 
pp.  745,  746.                                                                   well,  in  Aunandale  Charter-chest. 


xcvi  SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 

possibly  to  this  period  that  an  incident  belongs  which  is  related  by  Holin- 
shed,  a  contemporary  English  historian.  He  states  that  on  one  occasion 
Johnstone  was  so  hard  pressed  by  Maxwell  that  he  took  refuge  in  the  tower  of 
Bonshaw,  the  stronghold  of  the  chief  of  the  Irvings.  Maxwell  laid  siege  to 
the  place,  and  even  brought  cannon  against  it,  with  which  he  so  battered  the 
walls  that  the  besieged  were  on  the  point  of  surrendering,  when  Lord  Scrope, 
the  English  warden,  intervened  as  a  mediator,  and  an  agreement  was  arranged.1 
This  is  not  improbable,  as  partly  owing  to  the  plague  and  partly  to  a  special 
embassy  from  England,  the  attention  of  the  Scottish  king  and  court  was  so 
occupied  that  they  had  little  time  to  bestow  on  the  border.  The  contest, 
however,  between  Maxwell  and  Johnstone  was  interrupted  for  a  time  by  a 
misadventure  to  the  latter.  He  had  placed  a  party  of  his  men  in  ambush  at 
a  place  "  between  Tinwald  and  the  Warden-ditches  "  to  attack  Eobert  Max- 
well of  Cowhillon  his  way  from  Dumfries  towards  Langholm.  The  party  had 
been  observed,  and  were  attacked  by  George  Carruthers  of  Holmends,  captain 
of  the  castle  of  Thrieve  under  Maxwell,  and  one  of  his  staunchest  supporters. 
Johnstone's  men  were  completely  defeated,  and  he  himself,  who  was  at  their 
Iread,  was  taken  prisoner.2  The  date  of  this  incident  is  not  stated,  but 
Sir  John  was  apparently  a  captive  in  October  1585,  when  the  banished 
lords,  Mar,  Angus,  and  others,  were  allowed  to  return  to  Scotland.  One  of 
their  first  acts  after  reaching  Berwick  was  to  establish  communication  with 
Lord  Maxwell,  who  had  been  in  arms  all  the  summer  before  on  account 
of  his  quarrel  with  the  warden,3  and  there  can  be  little  doubt  that  much 
of  Maxwell's  hostile  activity  was  a  protest  against  Arran's  government,  and 
practically  a  demonstration  on  behalf  of  the  exiled  lords.      Even  so  early 

1  Holinshed,  vol.  ii.  pp.  429-431  ;  Book  of  but  no  place  is  stated,  and  only  the  year  is 

Carlaverock,  vol.  i.  p.  262.     The  draft  of  an  given,  15S5. 

agreement  between  the  Earl  of  Morton  and  2  Holinshed,  vol.  ii.  p.  431  ;  The  Book  of 

Sir   John    Johnstone,    containing    a    mutual  Carlaverock,  vol.  i.  p.  263  n. 

assurance  to  last  till  1st  May  1586,  is  still  3  Papers  relating   to    Patrick,    Master   of 

preserved  in   the   Annandale    Charter-chest,  Gray,  p.  59. 


LIST  OF  THE  JOHNSTONE  CLAN,  1581-1587.  xcvii 

as  August  1585  he  had  promised  his  assistance  if  they  could  levy  men  and 
come  to  the  borders,  which  suggests  that  Johnstone  was  then  in  his  power.1 

The  banished  lords,  assisted  by  Maxwell,  Bothwell,  and  others,  advanced  by 
easy  stages  to  Stirling,  where  the  king  was,  and  on  their  arrival  Arran  fled 
from  court,  and  a  change  of  ministry  took  place.  Johnstone  remained  in 
Maxwell's  custody  all  this  time,  and  it  was  only  in  December  1585,  at  the 
first  parliament  under  the  new  government,  that  Maxwell,  in  consideration  of 
an  act  of  oblivion  in  his  own  favour,  offered  to  set  his  prisoner  at  liberty.2 

In  addition  to  the  assurances  for  keeping  the  peace,  which  have  been 
referred  to,  another  Assurance  of  a  most  comprehensive  kind  was  entered 
into  between  Sir  John  Johnstone  and  his  three  neighbour  chiefs,  Maxwell, 
Drumlanrig,  and  Applegarth.  On  the  part  of  Sir  John  this  document 
contains  in  all  four  hundred  and  fourteen  names,  besides  numerous  relatives, 
tenants  and  servants,  referred  to,  but  not  named  in  the  document.  It 
includes  many  Grahames,  Irvings,  and  others,  and  is  headed  as  follows  : — 

"  Thir  ar  the  names  for  quhome  Schir  Johne  Jonstoune  of  Donscelle,  knycht, 
is  content  to  be  bound  for,  that  thai  sail  obserw  and  keip  the  assurance  tayne 
betuix  Johne,  erill  of  Mortoun,  the  Lairdis  off  Drumlangrik  and  Appilgarthe,  and 
the  said  Schir  Johne,  quhais  names  followis,  to  wit."  3 

The  first  name  in  this  list  is  "  Johne  Jonstoun  of  Gretno,"  who  is  followed  by 
Leonard  Irwing  in  Cawarttisholme,  brother  to  Watty  Irwing  of  Gretuohill,  and 
fourteen  others,  servants  and  tenants  to  John  Johnstone  of  Gretno.4 

Will  Johnestoun  of  Reidhall,  and  twelve  others,  sons,  brothers  and  servants. 

Watte  Irving  of  Gretnohill,  with  nine  others,  brothers,  sons  and  servants. 

Will    Irwing    of   Gretnohill    is    responsible    for   twenty-one    other    persons, 


1  The  Book  of  Carlaverock,  vol.  i.  p.  267.  and  their  clan  followers.     It  is  engrossed  in 

„  small   distinct  writing   on   eight  pages    folio 

2  Acts   of    the   Parliaments   of    Scotland,  ,     .,  .     ,       ,       .,      ,    ,      .    7   ,    ,    . 

size.     As  it  is  too  lengthy  to  be  included  in 

'  ""         '  extenso,  the  abstract  here  given  indicates  the 

3  Contemporary  copy  in  Annandale  Charter-  chief  members  of  this  great  Border  clan, 
chest.     The  list  bears  no  date,  but  it  must  4  Where    sons  or  other  relatives  and  ser- 
have  been  written   between  the   years   1581  vants  and  tenants   are  given,   the  person  to 
and  15S7.     The  list  of  names  is  very  compre-  whose  name  they  are  attached  is  answerable 
hensive  of  the  Johnstones,  Irvings,  Grahams,  for  them. 

VOL.  I.  N 


xcviii  SIR  JOHN  JOHNSTONE,  KNIGHT,   1567-1587. 

brothers,  sons  and  others,  including  Edward  Irwing  of  Gretnohill  with  four 
brothers  and  sons,  and  Ryche  of  Gretnohill  with  four  servitors. 

Johne  Irving  of  Steilhill,  with  brothers,  sons  and  servants,  eight  in  number. 

Ryche  Grame  "  callit  the  Plumpt "  follows  with  two  sons. 

Andro  Johnestoun  in  Locirbe,  is  responsible  for  seven  persons,  his  brothers, 
sons  and  servants,  "and  for  all  the  said  Andro  in  Locirbeis  serwandis  and 
tennentis  duelling  on  the  xx  pund  land  of  Turmour  and  Mantorig,  except  the 
Johnestounis  duelleris  thairon  and  Wille  Armestrange." 

Thomas  Johnestoun  of  Fynglen,  his  sons  and  tenants,  and  his  sons'  tenants  ; 
who  is  also  said  to  be  answerable  for  Habe  Jonstoun  in  Hesilbank  and  his 
brothers,  though  they  are  also  entered  as  responsible  for  themselves. 

Johne  Jonstoun  in  Cartertoun  and  his  brothers  and  their  tenants  ;  Andro 
Johnestoun  in  Marriobank  and  his  two  sons  ;  Michell  M'Weite  in  Kindilheid, 
Jok  M'Veite  there  and  his  tenants  ;  Fyndlaw  Jonstoun  in  Ershag  and  his  son, 
and  another. 

James  Johnestoun  in  Mydilgill,  with  twenty-eight  other  persons,  his  brothers, 
servants  and  friends,  including  Jame  Jonestoun  in  Rewois,  James  Jonestoun  in 
Craigeland,  Thome  Grame  in  Tassisholme,  Arche  Corry  in  Beirholm  and  others. 

Johne  Jonstoun  of  Greinhill  and  his  brother. 

Matho  Rodger  and  other  two  in  Baitok ;  James  Jonstoun  in  Croftheid,  and 
six  persons  of  various  surnames,  his  tenants. 

Adame  Jonstoun  of  Langwodend  and  Johne  Johnestoun  in  the  Hauch. 

Dawe  Johnestoun  in  Garwaild,  his  son,  and  seven  tenants  and  servants. 

James  Jonstoun  in  Heslebray  and  two  brothers ;  Ryngen  Jonstoun  of 
Rowintreknow,  and  his  brother  Robein ;  William  Johnestoun  in  Tempilland  and 
four  sons ;  Jok  Jonstoun  in  Brvmell,  and  his  brother :  Dauid  Jonstoun  in 
Brigmure  and  two  brothers ;  Wille  Jonestoun  in  Todelmure ;  Arche  Jonstoun  in 
Stuntok  and  two  sons. 

Andro  Jonstoun,  parson  of  Tonargarthe,  and  twenty  brothers,  friends  and 
servants. 

Pait  Moffet,  his  son,  and  Mathe  Moffet ;  Andro  Johnestoun  in  Cowrenss ; 
Dawe  Jonstoun  in  the  Swyre ;  Jok  Jonstoun  of  the  Hill,  and  seven  others;  Jok 
Johnestoun  in  the  Schaw  and  his  brother;  John  Johnestoun,  son  to  Androis 
Johne;  James  Johnestoun  of  Bigartis,  and  his  brother,  and  their  servants;  Johne 
Jonstoun  in  the  Burn,  his  brother  and  his  "eym;"  Johne  Jonstoun  in  the  Hill  and 
his  brother ;  Joke  Johnestoun,  Quhyitheidis  Joke,  and  his  brother ;  Cude  Jonstoun 
in  Hayhill ;   Paite  Johnestoun  in  Auchinslork,  his  two  brothers  and  another. 


LIST  OF  THE  JOHNSTONE  CLAN,  1581-1587.  xcix 

Dawe  Jonstoun  in  Milbank,  his  three  brothers,  his  "  eym,"  and  five  tenants 
and  servants ;  Wille  Jonstoun,  called  Pateis  Wille,  in  Milbank,  his  brother, 
servants,  and  tenants;  Martein  Johnestoune  and  his  brother  in  Myrheid,  their 
bairns,  brothers,  tenants,  and  servants. 

Johne  Johnestoun  of  Howgill  and  Johne  Jonestoun  in  Kirkhill,  and  their 
bairns,  brothers,  tenants,  and  servants,  and  five  others. 

Adame  Jonstoun  in  Beirfauldboig,  and  his  brothers,  and  his  and  their  tenants 
and  servants. 

Watt  Jonstoun  of  the  Miel,  his  brothers,  and  their  sons,  and  their  tenants  and 
servants  ;  Eyngen  Johnestoun  of  Castellhill  and  his  man  ;  Johne  Johnestoun  in 
Mossyid,  and  another  there ;  Christe  Chalmer  and  another ;  Habe  Jonstoun  in 
the  Know. 

Johne  Harknes  in  Lokirbe,  and  his  son  and  his  brother ;  Thome  Carrutheris 
in  Lokirbe,  and  his  son  ;  Thome  Carrutheris  in  Vistwoid  and  his  two  brothers; 
Geordie  Johnestoun,  callit  the  Chimpt,  and  his  son. 

Mungo  Johnestoun  in  Lokirbe,  and  eight  others,  being  his  sons,  men,  and 
servants. 

Wat  Jonstoun  in  Corre,  his  brothers,  men,  servants,  and  tenants  ;  Watt  Jon- 
stoun in  the  Bankis,  his  father  and  brother  ;  Dawe  Johnestoun  in  Kelrigis  ; 
Farghe  Jonstoun  in  Mossyid  ;  Thome  Jonstoun  in  the  Bankis,  and  his  son  ;  Robein 
Jonstoun  in  Righeidis  and  his  son  ;  Arche  Johnestoun  in  Righeidis  ;  Nike  Jon- 
stoun in  Rayhill,  his  brother  and  two  sons,  and  their  tenants  and  servants. 

Johne  the  Grame  in  Dunvide  and  his  three  sons ;  Rob  Johnestoun  in  Midil- 
quarter  and  his  son  ;  Symont  Jonstoun  in  Corryphan,  and  his  man. 

James  the  Grame,  "  layrd  of  Gillisbe,"  and  forty-four  Grames  and  others. 

Thomas  Johnestoun,  laird  of  Corheid  ;  Thomas  Johnestoun  in  Podein ;  James 
Johnestoun  of  Brekansyid  ;  Robein  Johnestoun  in  the  Newtoun,  and  James 
Johnestoun  in  the  Capilgill,  all  conjointly  and  severally,  to  answer  for  themselves, 
their  men,  tenants,  and  servants  dwelling  on  their  lands  and  steadings  of  Corheid, 
Newtoun,  Moffett,  Podein,  Melconmes,  Stennerushill,  Brekansyid,  Murquhat, 
Capilgill,  Glencotho,  etc.,  and  for  Jame  Jonstoun  in  Nethertoun  of  Crawford-John. 

Robein  Moffet  in  the  Altoun,  and  his  tenants  there ;  James  Johnestoun,  elder 
in  Bromell,  and  his  four  sons  and  a  brother's  son ;  Jok  Jonstoun  of  Mantarig  and 
his  son ;  Johne  Johnestoun  in  Rigfuitis  and  his  three  brothers,  and  other  two 
Johnstouns ;  Gib  Jonstoun  of  Fareholme  and  his  two  sons  and  three  brothers  ; 
Watte  Jonstoun  in  the  Hilhous. 

Adam  Grame  in  Fentoun,  Paite  Grame  in  the  Lie,  Georde  Grame  in  Walter- 


C  SIR  JOHN  JOHNSTONE,  KNIGHT,   1567-1587. 

heid,  Jok  the  Grame  in  Bodlandis,  Johne  Grame  in  Baitokholm,  answer  for 
themselves  and  twenty-four  other  Grames. 

Gilbert  Johnestoune,  laird  of  Wamfray  and  his  tenants  of  Logane-tenement. 
[He  is  entered  a  second  time  as  answerable  for  his  whole  tenants  and  servants 
dwelling  on  his  lands  and  heritage,  except  such  as  had  given  their  particular  bands 
and  names  for  themselves.] 

Cuthbert  Johnestoun  in  Lochmaben  and  his  three  brothers  ;  Christe  Johnes- 
toun  in  Bighill  and  his  brother  ;  Ade  Johnestoun  in  Hilhous  and  his  son ;  William 
Jonstoun  in  Kellobank ;  Eduard  Jonstoun  in  Wesland ;  James  Jonstouu  in 
Eoberthill. 

Robert  Fransch,  "  layrd  of  Franschland,"  his  son  and  another. 

Thomas  Jonstoun  in  Preistuoidsyid,  and  other  two  and  their  tenants  and 
servants. 

Johne  Grame  of  Cannobe  and  his  bairns,  tenants,  and  servants. 

Robert  Johnestoun  of  Brigholme  and  his  tenants  and  servants ;  Arche 
Johnestoun  in  Molyng  and  his  father. 

Edward  Irwing  of  Boneschaw,  William  Irving  in  Kirkynellvod,  his  son,  the 
laird  of  Wyisbe,  Christe  Irving  in  Eklerbek,  Christe  Irwing  of  the  Stank,  and  "  his 
and  thair  men,  tennentis,  and  seruandis,  duelling  on  thair  landis  and  steidingis." 

It  is  indicated  by  more  than  one  historian  that  Sir  John  Johnstone  died 
soon  after  his  liberation,  and  it  has  been  stated  that  he  died  of  grief  on 
account  of  his  incarceration.  The  historian  Calderwood  is  one  of  those 
who  state  that  Johnstone  died  early  in  the  year  1586;  but  that  is 
erroneous.1  So  far  from  showing  grief,  the  first  notice  of  him  in  the 
privy  council  record  after  he  regained  his  freedom  represents  him  again  in 
active  hostility  to  Maxwell,  who  apparently  had  been  again  appointed 
warden  on  the  west  marches.2  It  was  complained  that  a  party  of  four 
hundred  Johnstones,  at  the  command  or  instigation  of  their  chief,  had 
attacked  a  party  sent  out  by  the  warden  to  apprehend  certain  delinquent 

1  Calderwood  [vol.  iv.  p.  547]  indicates  that  ruary,  Lord  Scrope  writes  to  Johnstone  as  if 
Johnstone  was  dead  in  April  15S6.  he   were   still   responsible  for   the   Borders, 

appointing  a  meeting  at  Gretna  Kirk,  where 

2  In  the  Privy  Council  Record  of  23d  complaints  might  be  redressed  and  offenders 
March  1586,  Maxwell  is  described  as  warden,  punished.  [Hamilton  Papers,  vol.  ii._  pp. 
but  a  month  earlier,  on  5th  and  11th  Feb-       706-70S.] 


ATTACK  ON  RICHARD  MAXWELL'S  TROOP,   1586.  ci 

borderers,  and  had  killed  a  number.  Further  charges  were  made  of  barbarous 
treatment  of  the  slain,  killing  of  prisoners,  and  despoiling  others  of  "  thair 
claythis,  armour  and  purssis,  extending  in  valu  abone  fyve  thousand  merkis." 

The  captain  of  the  troop,  Richard  Maxwell,  was  seriously  wounded  and 
was  taken  captive  and  detained  a  prisoner  in  the  house  of  Andrew  Johnstone 
of  Tundergarth.  To  that  house  it  was  alleged  Sir  John  Johnstone  himself 
had  come,  with  his  son,  and  a  force  of  six  hundred  men,  and  seized  the 
unfortunate  captain,  threw  him  across  a  work-horse,  and  carried  him  off  to 
the  house  of  Bonshaw.  There  he  was  still  detained,  and  the  complainants 
averred  that  Johnstone  and  his  men  would  not  allow  him  to  have  a  surgeon, 
while  they  had  plundered  the  one  who  formerly  attended  him.  Sir 
John  Johnstone  and  others  were  summoned  to  appear  to  answer  to  these 
accusations,  but  failed  to  do  so  and  were  declared  rebels.1 

A  few  months  later,  John  Charteris  of  Amistield,  acting  for  himself  and 
William,  Lord  Hemes,  consented  to  the  liberation  of  certain  persons,  applica- 
tion for  which  was  made  by  Sir  John  Johnstone.2  The  latter,  during  the 
months  between  July  and  November  1586,  was  frequently  called  upon  by 
the  privy  council,  along  with  Lord  Maxwell  and  others,  to  answer  for  the 
breaking  of  "  assurances  "  amongst  them.3  The  latest  mention  of  Sir  John 
Johnstone  in  any  public  record  is  on  2nd  November  1586,  and  he  died, 
according  to  the  evidence  of  his  son's  retour  as  heir  to  the  lands,  on  5th 
June  1587,  a  year  later  than  is  usually  stated.4 

Sir  John  Johnstone  married  Margaret  Scott,  daughter  of  Sir  William 
Scott,  younger,  of  Buccleuch,  by  his  wife  Grizel,  second  daughter  of  John 
Betoun  of  Crieeh.  Grizel  was  sister  of  Janet  Betoun,  who  figures  in  "  The 
Lay  of  the  Last  Minstrel."      After  the  slaughter  of  Sir  Walter  Scott  of 


1  Register  of  Privy  Council,  vol.  iv.  pp.  55-  3  Register  of  Privy  Council,  vol.  iv.  pp.  89, 
57.  109,  110.  S18. 

2  Consent,  dated  8th  July  15S6,  in  Annan-  4  Annandale  Peerage,  Minutes  of  Evidence, 
dale  Charter-chest.  1S80,  p.  975. 


cii  SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 

Buccleuch,  in  a  nocturnal  encounter  with  Sir  Walter  Ker  of  Cessford,  on  the 
street  of  Edinburgh  in  October  1552,  Janet  Betoun  rode  at  the  head  of  the 
Scott  clan  to  encourage  them  to  redress  her  husband's  death.  Her  superior 
abilities  induced  the  superstitious  vulgar  to  believe  that  she  possessed  super- 
natural knowledge.  The  marriage  contract  between  Sir  John  Johnstone  and 
Margaret  Scott  is  quoted  in  a  crown  charter,  as  of  date  at  Newark  7th 
August  1568,  but  it  was  apparently  post-nuptial,  as  she  is  said  to  be  then 
his  wife,  and  their  son  was  born  in  1567. 

Margaret  Scott,  Lady  Johnstone,  or  Lady  Johnstone  of  Dunskellie,  as  the 
wife  of  Sir  John  Johnstone  was  variously  styled,  possessed  the  force  of 
character  conspicuous  in  her  great  border  clan  of  Buccleuch.1  It  was  no 
doubt  with  reference  to  this  and  the  determined  will  which  she  uniformly 
displayed,  that  Kobert  Maxwell,  in  1585,  at  the  burning  of  Loch  wood,  singled 
her  out  for  the  unfeeling  taunt,  already  noticed  in  this  memoir,  that  he 
would  give  her  light  to  set  her  silken  hood  by.  She  had  a  position  at  court. 
Spottiswoode  says  that  "  Lady  Johnston  gave  attendance  at  court." 2  "When 
she  was  there,  it  was  through  her  that  the  ruling  authority  for  the  time 
induced  her  husband  to  accept  of  the  provostship  of  Dumfries  in  opposition 
to  Lord  Maxwell.3  There  is  further  evidence  given  of  her  character,  two 
years  later,  in  1586,  in  an  episode  in  which  she  figured  prominently.  In 
November  1585,  the  banished  lords,  including  Lord  Hamilton,  the  Earl  of 
Angus,  and  others,  with  the  aid  of  Lord  Maxwell,  effected  a  revolution, 
and  they  were  restored  to  royal  favour  and  again  placed  at  the  head 
of  affairs.     They  still  continued  in  power  a  year  afterwards  when  Margaret 

1  Walter,  first  Lord  Scott  of  Buccleuch,  which  was  strongly  fortified  and  well  gar- 

the  nephew  of  Margaret  Scott,  Lady  John-  risoned,    and   breaking   open    the    prison    in 

stone,  was  the  boldest  of  the  bold.     It  was  be  which  William  Armstrong  of  Kinmont  was 

who  carried  out  the  greatest  of  Border  exploits,  confined  and  in  chains,  carried  him  forthwith 

the  rescue  of  Kinmont  Willie,  which  occa-  out  of  the  castle  and  across  the  border  with- 

sioned  so  much  correspondence  between  the  out  the  loss  of  a  single  life.     [The  Seotts  of 

sovereigns  of  the  two  kingdoms,  and  is  cele-  Buccleuch,  vol.  i.  pp.  182-200.] 
brated  in  Border  ballads.     With  only  eighty  -  Spottiswoode's  History,  vol.  ii.  p.  325. 

followers  he  entered   the  castle  of   Carlisle,  3  Ibid. 


MARGARET  SCOTT,  LADY  JOHNSTONE.  ciii 

Scott,  "Lady  Johnstone,"  evidently  presuming  upon  her  position  and 
influence  at  court,  ventured  to  impugn  them  to  the  king.  Her  attempt, 
and  what  it  led  to,  being  of  some  interest  may  be  here  narrated.  On 
4th  October  1586  a  commission  was  granted  by  the  privy  council  for 
apprehending  Margaret  Scott,  spouse  of  Sir  John  Johnstone  of  Duns- 
kellie,  wherever  found,  and  presenting  her  before  the  council.  She  was 
charged  with  "  making  of  lesingis  and  telling  of  thame,"  which  it  was  said 
"may  engenner  discord  betuix  the  kingis  majestie,  his  nobilitie  and  people." 
But  Lady  Johnstone  was  not  disposed  to  submit  to  be  tried,  and  wilfully 
absented  herself  in  order  to  prevent  her  husband  presenting  her  to  the  council 
for  that  purpose.  To  secure  her  apprehension,  proclamation  was  made  charg- 
ing the  lieges  to  convocate  with  their  arms  when  required,  and  in  the  event 
of  her  passing  to  "  houssis  or  strenthis,"  they  were  to  "  assege  the  houssis,  rais 
fyre,  and  use  all  kynd  of  force  and  weirlyke  ingyne  that  can  be  had  for 
wynning  and  recovery  thairof."  If  her  ladyship,  or  any  of  those  assisting 
her,  were  hurt  or  slain  while  being  pursued,  it  was  not  to  be  imputed  as  a 
crime  to  the  agents,  and  they  were  to  be  exempted  from  trial  therefor.  A 
month  later,  or  on  4th  November,  the  king  emitted  a  declaration  which 
explains  the  otherwise  mysterious  charge  which  gave  rise  to  this  prosecution. 
The  declaration  shews  that  Lady  Johnstone  had  deputed  Gavin  Johnstone 
to  deliver  a  letter  to  his  Majesty  in  which  she  advertised  him  that  the  Earl 
of  Angus  and  the  Douglases,  suspecting  from  his  dealings  with  Lord  Hamil- 
ton that  he  designed  to  introduce  dissension  among  them  and  so  to  wreck 
them,  resolved  to  adopt  some  remedy  and  to  venture  all  they  had  therein. 
She  craved  a  meeting  with  the  king,  when  she  would  furnish  particulars  of 
what  she  stated.  She  also  asked  him  to  keep  the  matter  secret,  especially 
from  her  husband,  adding,  "  The  Lord  preserve  his  Majestie  frome  all  his 
oppin  fayis  and  fenzeit  friendis."1  It  does  not  appear  that  anything  further 
was  done  in  the  matter. 

1  Register  of  Privy  Council,  vol.  iv.  pp.  108,  111,  112. 


CIV 


SIR  JOHN  JOHNSTONE,  KNIGHT,  1567-1587. 


Margaret  Scott,  Lady  Johnstone,  is  again  mentioned  so  late  as  April  1613, 
when  Lord  Maxwell,  having  been  tried  for  the  murder  of  her  son,  Sir  James 
Johnstone,  and  condemned  to  death,  she  and  her  grandson  and  his  mother, 
were  applied  to  by  the  privy  council  by  direction  of  the  king  to  ascertain 
if  they  persisted  in  holding  to  their  petition  to  have  justice  executed  upon 
his  lordship.  They  replied  that  they  did  insist,  as  will  be  more  fully 
narrated  in  the  next  Memoir. 

Sir  John  Johnstone  and  Margaret  Scott,  Lady  Johnstone,  had  issue  one 
son  "and  three  daughters. 

1.  James  Johnstone,  who  succeeded  his  father,  and  of  whom  a  memoir  follows. 

1.  Elizabeth,  who  married  Alexander  Jardine,  younger  of  Applegirth. 

2.  Margaret,    who    married,    before    November    1594,    James    Johnstone    of 

Westerhall,  and  bad  issue. 

3.  Grisel,  who  married,  first,  Sir  Robert  Maxwell  of  Orchardton,  and,  secondly, 

after  1615,  Patrick  Vans,  younger  of  Barnbarroch,  by  whom  she  had  issue.1 

1  Sir  John   Johnstone  had  an  illegitimate       the    lands    of    Brydeholm    from    his    brother 
son,  Simon,  who  in  1604  received  a  grant  of       James,  and  renounced  them  in  1616. 


cv 
The  Third  Johnstone  Warden. 

XV. — Sir  James  Johnstone  of  Johnstone  and  Dunskellie,  Knight. 
The  Honourable  Sara  Maxwell,  his  "Wife. 

1587-1608. 

CHAPTER  FIRST. 

Period  of  Johnstone  history  now  entered  upon — Sir  Walter  Scott's  summary  of  it — Birth  of 
Sir  James  Johnstone — Made  eommendator  of  Holywood — Succeeds  his  father,  1587 — 
Marriage  with  Honourable  Sara  Maxwell,  1588— King  James'  visit  to  Dumfries,  1588 — 
Johnstone  made  keeper  of  Lochmaben  Castle,  1588 — Attends  meeting  at  Peebles  about  the 
Borders — Created  a  knight,  1590 — Bond  of  amity  between  Johnstone  and  Maxwell,  1592. 

From  the  date  at  which  the  Memoir  of  this  Johnstone  chief  begins,  down 
to  the  year  1613,  in  the  time  of  the  son  and  successor  of  Sir  James  John- 
stone, the  period  is  one  of  the  darkest  and  most  sanguinary  in  the  whole 
history  of  the  Johnstone  family.  The  feud  between  the  two  great  Border 
families  of  Maxwell  and  Johnstone,  which  began  as  stated  in  the  immediately 
preceding  Memoir,  becomes  now  more  fierce,  bitter,  and  tragic,  and  is  to 
be  traced  in  the  lurid  light  of  the  battlefield,  through  the  dark  scenes  of 
treachery,  assassination,  and  public  execution.  Of  these  two  rival  families, 
and  the  events  so  calamitous  to  both  of  them,  Sir  Walter  Scott  says  that 
during  the  period  now  referred  to,  each  of  them  lost  two  chieftains :  one  dying 
of  a  broken  heart,  one  in  the  field  of  battle,  one  by  assassination,  and  one  by 
the  sword  of  the  executioner.  This  statement  evidently  refers,  first,  to  the 
death  of  Sir  John  Johnstone  of  Johnstone,  whose  tower  of  Lochwood  was 
burned  by  the  Maxwells  in  1585,  along  with  all  his  jewels  and  charter  muni- 
ments ;  second,  to  the  death  of  John,  Lord  Maxwell,  Earl  of  Morton,  at  the 
battle  of  Diyfesands  in  1593  ;  third,  to  the  assassination  of  Sir  James  John- 
stone of  Dunskellie,  knight,  in  1608  ;  and,  fourth  and  last,  to  the  execution  of 
John,  Lord  Maxwell,  for  that  murder  in  1613.  Sir  Walter  Scott's  statement 
that  four  chieftains,  two  on  each  side,  fell  as  victims  in  the  long-continued 
contest  is  correct  in  reference  to  three  of  them ;  but  in  regard  to  the  fourth, 

VOL.  I,  O 


t 


cvi  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

Sir  John  Johnstone,  described  in  the  previous  Memoir,  Sir  Walter's  statement 
is  not  quite  accurate.  The  destruction  of  Lochwood  Tower  in  1585  was  no 
doubt  a  great  loss  and  annoyance  to  Sir  John.  But  he  did  not,  as  might  be 
inferred  from  the  statement  of  Sir  Walter  Scott,  take  to  his  bed  and  expire 
of  a  broken  heart.  On  the  contrary,  he  survived  for  two  years,  and  it  has 
been  shown  that  he  was  not  during  that  period  laid  aside  by  grief,  but  was 
very  active  in  his  position  as  a  great  Border  chief. 

Before  proceeding  to  narrate  the  stirring  and  painful  events  in  the  history 
of  Sir  James  Johnstone,  it  is  necessary  to  explain  that  this  is  not  the  first 
time  that  the  author  of  the  present  work  has  followed  the  fortunes,  or  rather 
the  fates  and  misfortunes  of  the  Maxwells  and  Johnstones  through  their  feuds. 
The  late  Honourable  Marmaduke  Constable  Maxwell  of  Terregles,  brother  of 
the  late  William,  Lord  Herries,  commissioned  the  writer  to  prepare  a  history 
of  the  families  of  Maxwell  and  Herries,  which  is  embodied  in  "  The  Book  of 
Carlaverock,"  printed  in  the  year  1873.  While  writing  that  book,  the  whole 
Maxwell  and  Herries  charter  muniments,  then  preserved  in  the  charter-room 
at  Terregles,  were  made  available  for  the  purpose.  Not  only  so,  but  through 
the  kindness  and  liberality  of  the  late  John  James  Hope  Johnstone,  Esquire 
of  Annandale,  ready  access  was  afforded  to  his  Annandale  charter-chests  at 
Baehills.  With  the  muniments  thus  placed  with  such  generous  confidence  at 
the  service  of  the  author  by  the  respective  representatives  of  the  two  rival 
chiefs,  he  was  enabled  to  prepare  the  history  of  them  recorded  in  "  The  Book 
of  Carlaverock,"  which  met  the  approval  at  the  time  of  the  then  representa- 
tives of  the  houses  of  Maxwell  and  Johnstone. 

Since  the  publication  of  "  The  Book  of  Carlaverock  "  little  has  tran- 
spired to  alter  or  affect  the  story  of  the  feuds  as  given  from  the  Maxwell 
muniments,  and  the  present  Memoir,  as  far  as  it  refers  to  the  Maxwells, 
may  be  regarded  as  a  second  edition  of  the  chapters  in  "  The  Book  of 
Carlaverock,"  in  so  far  as  they  narrate  the  tragic  results  of  the  feuds. 

About  two  years   after   the   completion  of   the    Maxwell    and    Herries 


BIRTH  OF  SIR  JAMES  JOHNSTONE,  1567.  cvii 

Histories,  in  the  year  1873,  an  old  claim  to  the  Annandale  peerages  was 
revived  by  Sir  Frederic  Johnstone,  Baronet,  of  Westerhall.  That  claim  was 
opposed  by  the  late  John  James  Hope  Johnstone,  and,  after  his  death,  by  his 
grandson,  John  James_  Hope  Johnstone,  Esquire  of  Annandale,  the  present 
proprietor  of  the  estates  and  representative  of  the  family.  These  rival  claims 
gave  rise  to  extensive  investigations,  both  in  the  public  records  and  in 
the  private  family  repositories.  A  large  mass  of  documentary  evidence  was 
adduced  for  both  the  principal  claimants,  and  also  for  Mr.  Edward  John- 
stone, a  third  claimant.  The  printed  evidence  extends  to  upwards  of 
twelve  hundred  folio  pages.  The  printed  cases  of  the  several  claimants, 
the  speeches  of  eminent  counsel,  and  the  judgments  of  the  learned  judges, 
extend  to  several  folio  volumes.  It  may  thus  well  be  supposed  that  the 
history  of  the  Johnstones  was  fully  traced  so  far  as  regards  the  peerages 
conferred  upon  them,  and  also  incidentally  in  relation  to  the  story  of  their 
feuds  with  the  Maxwells. 

Since  the  year  1873,  the  Eecords  of  the  Great  Seal  and  the  Privy 
Council  of  Scotland  have  been  printed,  and  are  largely  referred  to  in  the 
present  work.  But  there  is  not  much  that  is  new  in  reference  to  the 
Maxwell  and  Johnstone  feuds.  While  these  Eecords  were  in  manuscript 
they  were  quoted  in  the  History  of  the  Maxwells.  The  subject  has,  there- 
fore, to  be  treated  in  the  present  work,  which  specially  belongs  to  the 
Johnstones,  in  the  same  way  as  it  was  formerly  dealt  with  in  the  special 
History  of  the  Maxwells. 

James  Johnstone,  the  subject  of  the  present  memoir,  was  the  only  son  of 
Sir  John  Johnstone  of  Johnstone  and  Knight  of  Dunskellie,  and  his  wife 
Dame  Margaret  Scott,  daughter  of  Sir  William  Scott,  younger  of  Buccleuch. 
James  Johnstone,  younger  of  Johnstone,  was  born  in  the  year  1567.  In  his 
retour  of  service  as  heir  to  his  father,  expede  27th  August  1588,  he  is  said 
to  be  of  lawful  age.1     While  still  a  minor,  he  obtained,  through  the  influence 

1  Annandale  Peerage  Minutes  of  Evidence,  1880,  p.  975. 


cviii      SIR  JAMBS  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

of  James  Douglas,  Earl  of  Morton,  a  grant  from  King  James  of  the  abbacy 
of  Holywood,  near  Dumfries.  It  was  then  vacant  through  the  death  of 
Thomas  Campbell,  the  last  possessor  of  it.1  This  young  commendator  of 
an  ancient  abbacy  was  destined  before  many  years  to  blossom  into  the  com- 
mander of  a  large  army  which  won  victories  in  the  greatest  of  the  Border 
battles.  The  office  of  commendator  of  Holywood  remained  vested  in  Sir 
James  Johnstone  till  the  year  1 600,  when  he  demitted  it  in  favour  of  Mr.  John 
Johnstone,  advocate,  who  obtained  a  crown  grant  on  15th  August  1600.2 

The  young  chief  of  Johnstone,  soon  after  his  succession,  on  5th  June  1587, 
to  the  Johnstone  estates,  as  heir  to  his  father,  entered  into  a  marriage  con- 
tract at  Terregles  on  25th  December  1587  with  the  Honourable  Sara 
Maxwell,  daughter  of  John  Maxwell,  Lord  Hemes,  and  Agnes,  Lady  Herries. 
The  contract  was  made  by  James  Johnstone,  with  consent  of  the  Earls  of 
Angus  and  Bothwell,  and  others,  as  his  curators,  on  the  one  part,  and  Dame 
Agnes,  Lady  Herries,  and  her  sons,  on  the  other  part.  James  Johnstone 
agreed  to  infeft  Sara  Maxwell  for  her  lifetime  in  an  annual  rent  of  600 
merks  Scots  out  of  the  barony  of  Johnstone  without  prejudice  of  her  reason- 
able terce.  The  other  contracting  parties  agreed  to  pay  to  James  Johnstone 
6000  merks  Scots,  and  "the  sevint  thousand  merk"  at  the  will  and  pleasure 
of  him  and  Dame  Margaret  Scott,  his  mother,  at  terms  specified.  In  respect 
of  this  arrangement  James  Johnstone  and  Sara  Maxwell  renounced  all 
"  barnis  part  of  geir,"  pertaining  to  the  latter  by  the  death  of  her  father. 

As  Dame  Margaret  Scott,  Lady  Johnstone,  elder,  was  possessed  of  the 
liferent  of  the  whole  Johnstone  estates,  under  a  charter  granted  by  her  late 
husband,  with  the  proviso  that  it  should  be  null  on  her  son's  attaining  majority, 
a  new  contract  became  necessary.  By  the  new  contract  James  Johnstone, 
now  at  his  perfect  age  of  twenty-one  years,  bound  himself  to  relieve  his  mother 

1  Registrum  Magni  Sigilli,  vol.  iv.  No.  3004,  28th  April  15S0 ;  Aunandale  Peerage 
Minutes  of  Evidence,  1876,  p.  49. 

-  Registrum  Magni  Sigilli,  vol.  vi.  No.  1075. 


CONTRACT  WITH  DAME  MARGARET  SCOTT,  HIS  MOTHER.  cix 

from  all  debts  due  by  her  late  husband,  to  maintain  sufficiently  Margaret 
and  Grizel  Johnstone,  his  sisters,  to  provide  husbands  for  them  on  his  own 
expenses  honourably  according  to  their  position  and  his  own  credit.  He 
also  became  bound  to  warrant  and  defend  his  mother  in  uplifting  the  rents 
of  her  liferent  and  joint-fee  lands,  and  not  to  impose  any  burden  upon  her 
tenants  and  servants  without  her  consent.  For  these  causes  Dame  Margaret 
Scott,  from  her  motherly  love  to  her  son,  and  her  earnest  desire  to  see  him 
continue  in  the  honourable  rank  of  his  father  and  predecessors,  was  content, 
in  place  of  the  old  living  and  new  conquests  of  the  house  of  Johnstone,  to 
accept  of  the  lands  of  Kirkbrydrig,  Henneland,  Harthope,  and  other  lands,  and 
the  leases  of  the  teind-sheaves  of  the  parish  of  Moffat,  and  of  all  lands  and 
goods  therein,  with  her  own  mill  built  on  the  lands  of  Ersehbank,  with  Dick- 
son's lands  in  Moffat.  She  also  stipulated  that  the  tenants  of  Lord  Hemes' 
hundred  merk  land  in  Moffat  parish,  as  well  as  those  of  James  Johnstone's 
own  lands  there,  should  come  to  her  mill.  Her  son  bound  himself  to  behave 
to  his  mother  with  all  reverence  and  obedience,  as  became  a  bountiful  and 
obedient  son  to  his  parent.  Provision  was  also  made  for  payment  of  the 
terce  of  Dame  Sara  Maxwell,  his  wife,  if  she  survived  her  husband.1 

Even  in  the  lifetime  of  his  father  this  young  chief  of  Johnstone  engaged 
in  the  struggles  with  John,  Lord  Maxwell,  Earl  of  Morton,  warden  and  justice 
of  the  West  March,  as  narrated  in  the  previous  memoir.  Between  9th  April 
1585,  when  the  king  revoked  his  grant  of  the  earldom  of  Morton  to  John, 
Lord  Maxwell,  and  10th  December  following,  when  the  earldom  was  restored 
to  Maxwell,  James  Johnstone  had  received  some  portion  of  it  from  the  king. 
He  did  not,  however,  long  enjoy  it,  as  on  the  restoration  of  Maxwell  and 
the  banished  lords  to  power,  and  the  re-grant  of  the  earldom  of  Morton  to 
Maxwell,  an  act  of  parliament  was  passed  which  revoked  any  grant  made 
of  the  earldom,  or  any  part  thereof,  to  this  James  Johnstone,  and  others.2 

1  Original  contract,  dated  25th  January  1590-91,  in  Annandale  Charter-chest. 

2  Acts  of  the  Parliaments  of  Scotland,  vol.  iii.  p.  389. 


ex  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

The  year  1588  was  notable  in  the  history  of  the  Scottish  Borders. 
It  was  the  year  of  the  Spanish  invasion  of  England  by  the  Armada,  and 
John  Maxwell,  Earl  of  Morton,  who  had  been  in  Spain,  returned  to 
Dumfries  with  the  object  of  assisting  the  Spaniards.  So  much  was  this 
latter  circumstance  apprehended  that  King  James,  during  the  months 
of  May  and  June,  visited  Dumfries  to  prevent  any  formidable  insurrec- 
tion. Lord  Maxwell  was  taken  prisoner  by  Sir  William  Stewart,  brother 
of  the  ex-chancellor,  James  Stewart,  Earl  of  Arran.  William  Maxwell,  Lord 
Herries,  brother-in-law  of  James  Johnstone  of  Johnstone,  who  was  warden  of 
the  West  March,  was  unable  to  prevent  the  imminence  of  clanger.  The 
king,  while  still  in  Edinburgh,  by  proclamation  at  Holyrood-house,  2 2d 
May,  intimated  that  on  account  of  the  dangerous  proceedings  of  certain 
of  the  West  Marches  tending  to  alter  religion,  he  was  resolved  to  go  thither 
in  person,  and  warned  earls,  barons,  and  others  to  meet  him  at  Dumfries  on 
the  29th  of  May.  On  30th  May,  the  day  after  he  arrived  there,  he  ordered 
by  proclamation  the  castles  of  Lochmaben,  Langholm,  Thrieve,  and  Carlave- 
rock  to  be  delivered  to  the  proper  officers.  In  other  proclamations  he  states 
that  he  found  greater  contempt,  rebellion,  and  disobedience  than  he  antici- 
pated in  the  West  March.  He  here,  however,  refers  mainly  to  wappinschaw- 
ings,  meetings,  and  musterings  at  Lochmaben,  and  brewing  ale  and  carrying 
the  same  to  Lochmaben  for  the  camp  there.  Lochmaben  was  the  only  place 
that  stood  out  for  Lord  Maxwell.  It  yielded  on  the  9th  of  June,  when 
David  Maxwell,  the  captain,  and  five  others,  were  hanged  for  resistance. 
The  king  left  Dumfries  in  the  end  of  June,  promising  to  return  in  October.1 
This  second  visit  did  not  take  place,  but  towards  the  end  of  that  month,  as  a 
reward  of  the  loyalty  and  services  of  James  Johnstone  during  these  troubles, 
King  James  appointed  him  to  keep  the  castle  and  fortalice  of  Lochmaben  to 
the  king's  use  and  behoof,  and  not  to  remove  himself  nor  his  servants  from  it 
"  vnto  the  tyme  he  ressaue  expres  command  thairto  out  of  our  awin  mouth,  not- 

1  Register  of  the  Privy  Council,  vol.  iv.  pp.  285,  292. 


BONDS  OF  ASSURANCE,  1588.  Cxi 

withstanding  quhatsunieuer  our  charges  direct  or  to  be  direct  in  the  contrarie."1 
He  also  shortly  after  leaving  Dumfries  appointed  him  one  of  a  numerous 
commission  to  execute  the  laws  against  Jesuits  and  seminary  priests.2 

The  common  practice  of  giving  mutual  bonds  of  assurance  on  the  part  of 
one  chief  or  landlord  to  another  for  the  good  behaviour  of  their  respective 
friends,  tenants,  and  dependants  is  frequently  illustrated  in  the  life  of  this 
chief.  He  both  received  such  assurances,  and  also  gave  them  to  others.3 
On  the  same  day  on  which  he  was  retoured  heir  to  his  father,  27th  August 
1588,  we  find  such  an  assurance  made  to  him  by  James  Douglas  of  Drum- 
lanrig,  evidently  in  return  for  one  from  him,  and  one  of  the  first  of  several 
which  passed  between  them.     It  is  dated  at  the  Ross.4 

In  the  year  1589,  apparently  through  some  mistake  of  the  legal  autho- 
rities, Sir  James  Johnstone  was  charged  along  with  Alexander  Jardine, 
younger  of  Apilgirth,  as  being  art  and  part  in  the  slaughter  of  Alexander 
Baillie  of  Littlegill  and  Eachel  Baillie,  his  daughter,  and  also  of  other  two 
persons  connected  with  them,  as  well  as  burning  the  place  of  Littlegill  and 
the  Moit.  These  crimes  were  committed  in  the  months  of  February  and  July 
previous.  James  Johnstone  of  Westraw  was  also  suspected  and  accused  of 
complicity  in  the  murder.  The  process  against  Sir  James  was  deserted,  it 
appears,  because  the  authorities  felt  that  they  were  accusing  a  person  totally 
innocent.     The  laird  of  Westraw  fled  to  Sir  James  Johnstone  for  concealment 

1  Letter,   dated    at    Barlie,    22d   October       auts  in  feuds  with  his  neighbours,  and  espe- 
1588,  vol.  ii.  of  this  work,  p.  12.  cially  with  the  Maxwells.      With  a  view  to 

o  n>rj.i     t  i      -iiroo    t>     •  i         c  ii      t>  •  prevent  and  also  to  remove  these,  assurances 

2  27th  July  15S8,  Register  of  the  Privy       *  .  ,  .     , 

.-,         .,        ,    .  „„„        ,  T  ,  were  given  and  received  from  time  to  time. 

Council,  vol.  lv.  p.   302.      James  Johnstone  „,,,?.,,.,,, 

,        ,  ...  „.,  The  Register  of  the   Privy  Council  for  this 

was  placed  upon  a  similar  commission  on  0th  .        °  J 

March  1589-90  [ibid.  p.  4651.  1>erl°d  1S  n0W  pnnted'  and  lk  bristles  with 

numerous   references    to    these    assurances, 

3  During    the    twenty-one    years    James  pledges,  and  submissions  of  feuds  to  neutral 
Johnstone  owned  the  Johnstone  estate  and  persons.      To  describe  these  in  every  case 
flourished  as  a  Border  chief  of  considerable  would  recp-iire  more  space  than  can  be  given, 
importance,    he   was    often   involved    either  Only  where  necessary  will  this  be  done, 
directly  or  through  his  friends  and  depend-  4  Pp.  53,  54  of  this  volume. 


cxii  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

and  safety  in  connection  with  that  murder,  and  ultimately  Sir  James  blamed 
Westraw  for  the  trouble  which  he  had  caused.  The  real  criminals  were 
afterwards  discovered,  being  Thomas  Jardine  of  Birnok  and  Humphrey  his 
son,  who  were  condemned  to  death  for  that  and  other  crimes,  and  executed 
at  the  cross  of  Edinburgh  so  late  as  1609.1 

For  the  purpose  of  marrying  the  Princess  Anna  of  Denmark,  King  James 
set  sail  for  Denmark  on  22d  October  1589.  The  marriage  took  place  at 
Upsal  on  the  23d  November,  and  during  the  royal  honeymoon  and  holidays 
the  king  enjoyed  himself  to  his  bent,  and  wrote  to  one  of  his  favourites  in 
Scotland  from  the  castle  of  Croneburg  "  where  we  are  drinking  and  dryving 
our  in  the  auld  manner."  He  returned  to  Edinburgh  on  1st  May  1590. 
During  the  king's  absence,  Lord  John  Hamilton,  afterwards  Marquis  of 
Hamilton,  was  appointed  lord  lieutenant  in  the  South  of  Scotland,  including 
the  Marches.  His  lordship,  in  pursuance  of  a  design  to  hold  a  meeting  at 
Peebles  with  the  Maxwells,  Johnstones,  and  other  Border  lairds,  wrote  to 
Johnstone  to  attend  a  meeting  upon  the  30th  of  November  at  Peebles,  and 
give  .his  good  advice  regarding  the  keeping  of  the  peace,  repressing  of 
offenders,  and  generally  concerning  the  common  quietness  of  the  realm. 
His  lordship  further  desired  Johustone  to  cause  a  couple  of  the  principals 
of  every  branch  of  his  servants  and  dependers  that  were  in  use  of  pledging 
or  giving  security  to  be  likewise  in  Peebles  on  that  day  that  he  might 
understand  the  names  of  the  pledges,  where  they  lay,  and  who  would  inter- 
change them.  He  added  a  list  of  branches,  including  Jok  of  Kirkhill 
and  Jok  of  the  Howgill,  the  Eeid  Laird's  son,  Edward  Irving  of  Bonschaw, 
the  Johnstones  of  Lockerbie  and  others.2  At  the  meeting  Lord  Hamilton 
inquired  about  the  principal  troubles  and  disorders  of  the  Borders.  Lord 
Maxwell,  who  was  present,  replied  that  he  knew  of  none  in  the  West 
March  since  the  king's  departure  except  the  reset  of  the  laird  of  Wester- 
hall.     Maxwell  also  complained  that  Johnstone,  without  commission,  held 

1  Pitcaim's  Criminal  Trials,  vol.  ii.  p.  491 ;  vol.  iii.  pp.  54,  58.  2  Vol.  ii.  of  this  wort,  p.  20. 


HIS  COMMISSION  TO  HOLD  BAILIARY  COURTS  ANNULLED.  CXlll 

courts  of  justiciary  within  the  stewartry  of  Annandale.  This  complaint 
was  taken  up  by  James  Johnstone  and  Andrew  Johnstone  of  Mungobank, 
who  complained  to  the  council  that  Lord  Maxwell,  on  the  strength  of  a 
letter  of  charge  in  his  favour  by  the  king,  dated  29th  September  last,  had 
prohibited  them  from  intruding  into  his  offices,  by  holding  courts,  etc. 
They  alleged  that  the  letter  in  question  was  directed  against  certain  persons, 
and  that  their  names  were  not  in  the  body  of  the  deed,  but  were  added  on 
the  margin.  Johnstone  also  explained  that  he  only  kept  such  courts  as  the 
king  by  his  commission  of  8th  April  1588  commanded  him  to  keep  upon 
his  own  lands  and  bailiary.  The  lords,  however,  declared  the  commission  of 
Johnstone  to  be  null.  It  will  be  seen  that  the  king  soon  renewed  the 
commission  to  Johnstone  of  which  the  lords  now  deprived  him.1 

In  the  midst  of  the  constant  troubles  and  misunderstandings  between 
the  Maxwells  and  Johnstones  attempts  were  occasionally  made  to  settle  all 
questions  between  them.  Apparently  through  the  intervention  of  mutual 
friends,  a  formal  submission  was  entered  into  at  Dumfries  and  Lochwood  on 
12th  and  13th  March  1589-90,  between  Maxwell  and  Johnstone,  by  which 
they  agreed  to  submit  their  quarrels  to  Sir  Eobert  Maxwell  of  Spotts  and 
other  arbiters  for  Lord  Maxwell,  and  Eobert  Johnstone,  parson  of  Loch- 
maben,  and  others  for  Johnstone.  The  arbiters  were  appointed  to  meet  at 
Shiellhill  House  on  the  17th  instant,  and  to  give  their  decision  by  the  25th 
with  assurance  against  molestation  on  either  side  till  that  date.2 

The  only  document  which  has  been  discovered  in  connection  with  this 
well-meant  treaty  of  peace  is  the  claim  made  by  Johnstone  against  Maxwell 
for  the  burning  of  Lochwood  and  other  spoliations.  The  claim  is  very 
distinct  in  its  statement  of  the  destructive  raids  referred  to,  and  of  the 
consequent  losses.  Johnstone  concludes  by  claiming  100,000  merks  as 
reparation.     But  no  other  step  was  taken  in  the  submission.3 

1  Register  of  the  Privy  Council,  vol.  iv.  pp.  442,  443,  S26.  2  Original  Submission 

in  Annandale  Charter-chest.  3  Claim,  Charters  of  this  work,  pp.  44,  45. 

VOL.  I.  P 


cxiv      SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

The  marriage  festivities  of  King  James  and  Queen  Anna  celebrated  in 
Denmark  were  resumed  at  Holyrood  in  connection  with  the  coronation  of 
the  Queen  on  17th  May  1590.  In  honour  of  the  event  a  number  of 
knights  were  made  by  the  king.  Among  these  was  Sir  James  Johnstone 
of  Johnstone  and  Dunskellie,  knight.  At  the  same  time,  or  within  a  few 
weeks  after,  the  king  renewed  the  grant  of  justiciary  in  favour  of  Sir  James, 
which  had  been  disallowed  by  the  privy  council.  The  grant  bears  date  at 
Holyrood  House,  10th  June  1590:  and  it  makes  Sir  James  Johnstone  of 
Dunskellie,  knight,  justiciary  and  bailie,  with  power  to  hold  courts  of  jus- 
ticiary and  bailiary  in  the  bounds  of  Annandale  and  Nithsdale  over  all 
persons  of  the  surname  of  Johnstone,  their  kin  and  tenants,  on  all  lands 
belonging  to  Sir  James,  and  expressly  freeing  them  from  appearing  in  any 
of  the  courts  of  the  steward  of  Annandale,  by  reason  of  the  deadly  feud 
existing  between  the  steward  and  Sir  James.1 

The  abortive  attempt  in  1590  to  reconcile  Maxwell  and  Johnstone  did 
not  improve  matters  between  the  rivals,  and  in  May  of  the  following  year 
Sir  James  Johnstone  had  to  invoke  the  aid  of  the  civil  power  in  order  to 
avert  war  between  the  two  combatants.  He  represented  to  the  privy  council 
that,  notwithstanding  an  assurance  between  him  and  Maxwell,  the  latter  had 
obtained  commissions  and  letters  of  caption  against  Johnstone's  friends  for 
apprehending  them,  and  for  raising  fire,  etc.  Johnstone  represented  that  such 
commissions  should  not  be  intrusted  to  Maxwell  in  respect  of  the  feud  be- 
tween them,  and  added  that  if  Maxwell  invaded  him  in  his  bounds,  he  would 
arm  himself  and  his  friends  for  their  own  defence.  This  representation  pro- 
duced the  desired  effect,  as  the  commissions  and  captions  were  suspended.2 

A  year  later  still  another  treaty  of  peace  was  made  between  Maxwell 
and  Johnstone.  It  is  dated  5th  April  1592.  In  it  Sir  James  is  styled  the 
noble  lord's  "  dear  cousing  and  affine,"  the  two  parties  and  their  friends  agree 

1  10th  June  1590,  Charters  of  this  work,  pp.  55,  56. 

2  21st  May  1591,  Register  of  the  Privy  Council,  vol.  iv.  p.  623. 


BOND  OF  AMITY  WITH  LORD  MAXWELL,   1592.  CXV 

for  the  fear  of  God,  obedience  to  the  king,  and  their  consanguinity  and 
neighbourhood,  to  remit  to  each  other  all  rancour  and  feud,  and  to  live 
henceforth  in  firm  friendship.  Maxwell  also  agrees  to  appoint  two  steward- 
deputes  of  the  stewartry  at  the  nomination  of  Johnstone  to  take  cognisance 
of  all  matters  concerning  Sir  James  or  his  party;  and  questions  arising 
about  the  contract  are  to  be  submitted  to  arbitration.1  The  remission  of  the 
mutual  rancour  promised  in  this  contract  did  not  last  long.  In  the  follow- 
ing year,  indeed,  the  renewal  of  the  feuds  culminated  in  a  pitched  battle 
between  the  two  families  of  Maxwell  and  Johnstone,  in  which  the  former 
was  killed  and  his  rival  became  the  victor  at  Dryfesands. 

CHAPTER  SECOND. 

Johnstone  said  to  have  encouraged  Bothwell — He  breaks  ward  from  Edinburgh  Castle — 
Procession  of  bloody  shirts  by  the  women  of  Sanquhar — The  battle  of  Dryfesands — 
Slaughter  of  Maxwell,  1593 — Letters  of  Respite  to  Johnstone — Quarrel  with  Drumlan- 
rig — Act  against  Sir  James — Warded  in  Dumbarton  and  Doune — Report  of  Angus  on 
the  Johnstones — The  King's  measures  to  terminate  the  feud,  1600. 

Francis  Stewart,  Earl  of  Bothwell,  made  one  of  his  unsuccessful  attempts 
to  seize  on  the  king  at  the  palace  of  Falkland  on  28th  June  1592.  He 
besieged  the  tower  with  three  hundred  persons  from  two  till  seven  o'clock 
in  the  morning,  but  he  was  beaten  off  and  fled.  To  this  attempt  Spottis- 
woode  says  he  had  been  encouraged  by  the  Earls  of  Angus  and  Errol,  the 
Master  of  Gray,  Colonel  Stewart,  and  the  Lairds  of  Johnstone  and  Balwearie.2 
The  king  immediately  returned  to  Edinburgh  and  thence  issued  a  proclama- 
tion for  the  inhabitants  of  the  neighbouring  shires  to  convene  at  Dumfries  on 
7th  July,  mentioning  that  a  number  of  thieves,  both  English  and  Scotch,  had 
been  brought  in  to  harry  his  peaceable  subjects,  and  were  now  returned  to 
the  bounds  of  the  West  March.3     King  James  himself  hastened  on  a  short 

1  Bond  of  Amity  in  Annandale  Charter-  came  with  Bothwell  was  not  great,  and  did 
chest.  not  exceed  six  score  in  all." 

2  Spottisvvoode's  History,  vol.  ii.  pp.  421,  3  Register  of  the  Privy  Council,  vol.  iv. 
422.    Spottiswoode  says,  "  The  company  that  pp.  762,  767,  769. 


cxvi         SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

visit  to  Dumfries,  and  while  there  made  several  changes.  One  of  these  was 
the  appointment  of  John,  Earl  of  Morton,  Lord  Maxwell,  to  be  warden  and 
justice  of  the  West  March,  the  office  being  demitted  by  Sir  John  Carmichael 
of  that  ilk,  who  was  made  captain  of  the  king's  guard.  It  was  on  the  11th 
July  that  these  changes  were  made.  On  the  following  day,  also  at  Dumfries, 
Sir  James  Johnstone  became  caution  for  Mungo  Johnstone  of  Lockarbie, 
John  Johnstone  of  Craigoburne,  and  two  others,  in  two  thousand  merks  each, 
to  enter  into  ward  in  St.  Andrews  within  six  days  and  until  the  king's  will 
was  declared  regarding  their  confessed  reset  and  intercommirning  with 
Francis  Stewart,  Earl  of  Bothwell,  and  his  accomplices. 

Meanwhile  the  king's  mind  had  already  been  declared  regarding  those  for 
whom  Sir  James  thus  pledged  himself :  Two  days  previous  to  the  date  of 
his  becoming  caution  for  them,  their  escheats  were  forfeited  for  their  com- 
plicity with  Bothwell.  The  mother  of  Sir  James  was  one  of  the  beneficiaries 
by  the  forfeiture.  On  10th  July  1592,  Sir  Bobert  MelvilL  as  treasurer  to 
the  king,  made  an  assignation  of  the  escheat  of  James  Johnstone  of  Loch- 
house,  Mungo  Johnstone  of  Lockarbie,  John  Johnstone  of  Craighopburne, 
and  forty-five  others,  Johnstones,  Grahams,  Moffats,  and  Irvings  forfeited,  as 
explained,  to  Dame  Margaret  Scott,  Lady  Johnstone,  as  his  factor  to  uplift 
the  same,  the  one  half  to  the  king's  and  his  treasurer's  use,  and  the  other 
half  to  her  own  use.1 

While  Sir  James  Johnstone  was  becoming  cautioner  for  several  persons  of 
the  name  of  Johnstone,  as  above  related,  Bobert  Douglas  of  Cashogill  was 
taking  steps  to  be  released  as  cautioner  for  Sir  James.  As  the  result  of  a 
petition  from  him,  the  privy  council  ordered  the  clerk  keeper  of  the  Begister 
Books  concerning  the  Borders  to  delete  the  Act  where  Douglas  became 
cautioner  for  Johnstone  that  he  would  make  his  men  and  tenants  answerable 
to  justice.2     It  does  not  appear  from  this  order  why  Douglas  desired  to 

1  Original  Assignation  in  Annandale  Charter-chest. 

2  Extract  Act,  dated  at  Dumfries  12th  July  1592,  ibid. 


AGREEMENT  WITH  LORD  MAXWELL,  1592-3.  cxvii 

be  relieved  as  cautioner  for  Sir  James.  But  an  entry  in  the  Privy  Council 
Eegister  supplies  what  is  probably  the  explanation.  On  11th  August  1591, 
Douglas  complained  to  the  council  that  he  had  been  illegally  charged  with 
certain  payments,  as  surety  for  Sir  James  Johnstone,  in  respect  of  a 
considerable  number  of  sheep,  each  valued  at  26s.  8d.,  stolen  by  Johnstones 
and  others  whom  he  alleged  were  not  Sir  James's  men  nor  tenants.  The 
council  decided  against  Douglas,  and  hence  his  present  action.1 

After  the  formal  deed  of  concord  which  they  entered  into  in  the  year 
1592,  mentioned  in  the  previous  chapter,  Sir  James  Johnstone  and  John 
Lord  Maxwell  continued  in  outward  appearance  on  friendly  relations  for  a 
brief  period.  They  entered  into  a  new  contract  in  the  following  spring 
whereby  either  bound  himself  not  to  traffic  or  agree  with  Sir  James  Douglas 
of  Drumlanrig,  without  the  consent  of  the  other ;  and  in  case  either  party 
should  have  an  action  at  law  against  Douglas,  the  other  contracting  party 
engaged  to  assist  against  him.2 

Only  nine  days  after  the  date  of  this  new  treaty  of  amity  with  Maxwell, 
Johnstone  was  summoned  to  attend  a  meeting  of  the  king  and  the  privy 
council  anent  quietness  and  good  rule  on  the  Borders.  For  some  reason  not 
stated  Sir  James  did  not  appear  and  he  was  denounced  rebel.3  He  was  at 
Loch  wood  on  2  2d  April  when  he  granted  the  liferent  of  Polmoody  to  his 
spouse,  Lady  Sara  Maxwell,  for  the  affection  which  he  had  for  her,  and  for 
money  paid  to  him  with  her  by  her  mother,  Lady  Agnes  Hemes.4  But 
shortly  afterwards,  Johnstone  was  warded  in  Edinburgh  Castle,  probably 
owing  to  his  not  appearing  before  the  king  and  council  on  the  22d  of  March, 
for  we  learn  that  on  3d  May  James  Twedy  of  Drummelzier  became  caution 
for  him  that  he   would   answer  for   all    attempts  by   him   and  those  for 

1  Register  of  the  Privy  Council,  vol.  iv.  3  22d    March    1592-3 ;    Register   of    the 
pp.  806,  807.  Privy  Council,  vol.  v.  p.  55. 

2  13th  March  1592-3,  Charters  of  this  work,  *  Original  Charter  in  Annandale  Charter- 
pp.  58,  59.  chest. 


CXviii     SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

whom  he  was  responsible  under  the  general  band  till  the  22d,  when  he 
should  re-enter  before  the  king  and  council.1 

After  remaining  in  Edinburgh  Castle  for  some  time,  Sir  James  Johnstone 
broke  his  ward  on  4th  June  1593.  Birrell  in  his  Diary  under  that  date  says, 
"  The  laird  of  Jonestoune  brak  ward  out  of  the  castell  of  Edinburghe." 2  The 
offence  of  breaking  his  ward  could  not  be  passed  over,  and  Sir  James  was  by 
the  privy  council  denounced  rebel  for  not  appearing  at  Holyrood  on  21st 
June  to  answer  for  this  offence,  and  for  other  things  which  should  have  been 
laid  to  his  charge.3 

The  Johnstones  of  Wamphray  were  reported  to  be  a  very  turbulent  gang. 
William  Johnstone  of  Wamphray  headed  a  party  of  the  Johnstones  in  a  pre- 
datory incursion  to  the  lands  of  Lord  Crichton  of  Sanquhar.  Johnstone  of 
Wamphray  having  been  taken,  was  summarily  hanged  by  the  Crichtons.  The 
Johnstones,  choosing  another  leader  and  increasing  their  invading  force,  re- 
newed the  attack  upon  the  Crichtons,  killing  the  tenantry,  devastating  their 
lands,  carrying  away  their  property,  and  acting  in  a  cruel  manner.  This 
Border  foray  was  chosen  by  Sir  Walter  Scott  to  form  the  theme  of  his 
metrical  legend  of  the  Borders,  entitled  "  The  Lads  of  Wamphray."4  Appeals 
were  made  by  the  injured  Crichtons  to  Lord  Maxwell,  warden  of  the  West 
March ;  and  also  to  the  king  and  the  privy  council.  Poor  women  were 
deputed  to  travel  to  Edinburgh,  and  there,  with  fifteen  bloodjr  shirts  which 
had  belonged  to  the  slain  husbands,  sons,  brothers,  and  other  relatives,  to 
crave  of  the  king  and  council  legal  retribution  upon  the  Johnstones. 
Meeting  with  an  unfavourable  reception  from  the  authorities,  they  appealed 
to  the  people.  On  the  23d  of  July  1593  the  women  marched  in  procession 
through  the  streets  of  Edinburgh  with  the  bloody  shirts  carried  by  "pyoners" 


1  3d  May  1593  ;  Register  of  the  Privy  Council,  vol.  v.  p.  733. 

2  Pitcairn's  Criminal  Trials,  vol.  i.  p.  359. 

3  Register  of  the  Privy  Council,  vol.  v.  p.  87. 

4  The  Book  of  Carlaverock,  vol.  i.  p.  288;  Minstrelsy  of  the  Scottish  Border,  vol.  i.  p.  308. 


PROCESSION  OF  BLOODY  SHIRTS  BY  THE  WOMEN  OF  SANQUHAR.        cxix 

in  front  of  them.  This  spectacle  evoked  from  the  crowd  both  indignation 
at  the  apathy  of  the  king  and  council,  and  demands  for  vengeance.  The 
feeling  thus  excited  constrained  the  government  to  take  some  action. 
Calderwood  states  that  "  the  king  was  nothing  moved  but  against  the  toun 
of  Edinburgh  and  the  ministrie,"  and  he  adds  that  the  court  alleged  they 
had  procured  that  spectacle  in  contempt  of  the  king.1 

Bloody  shirts  had  on  former  occasions  been  displayed  to  excite  pity  for 
victims  and  their  surviving  relatives.  When  the  Earl  of  Huntly  in  1591-2 
murdered  his  rival  the  Earl  of  Moray,  in  revenge  for  the  old  injuries  inflicted 
by  the  Kegent  Moray  on  the  house  of  Gordon,  the  outcry  against  Huntly  was 
universal.  Lord  Forbes,  a  friend  of  Moray,  carried  his  bloody  shirt  on  a 
spear-head  for  the  purpose  of  inciting  to  revenge.2  In  the  previous  century, 
on  the  death  of  King  James  the  Third  in  1488,  a  number  of  the  nobility 
were  banded  to  avenge  his  death.  Lord  Forbes  marched  through  the 
country  with  the  king's  bloody  shirt  displayed  upon  the  end  of  a  spear,  and 
that  ghastly  banner  excited  multitudes  to  join  the  insurrection  against  King- 
James  the  Fourth.3  The  spectacle,  like  the  robe  of  Caesar,  aroused  more 
intense  feeling  than  any  power  of  eloquence  could  do.4 

So  soon  as  legal  sanction  was  obtained  to  proceed  against  the  Johnstones 
preparations  on  an  elaborate  scale,  which  extended  to  the  beginning  of  De- 
cember, were  made  to  give  effect  to  it  on  the  one  hand,  and  also  on  the  part 
of  the  Johnstones  to  defend  themselves  on  the  other.  The  parties  who 
rauged  themselves  on  each  side,  the  measures  which  they  adopted,  and  the 
triumph  of  the  Johnstones,  will  appear  in  what  follows. 

John  Lord  Maxwell,  as  warden,  received  from  the  king  a  commission 
against  the  Johnstones  for  their  depredations  and  slaughters.     The  whole  of 

1  Calderwood's  History,  vol.  v.  p.  256.  bloody  shirt  of  King  James  the  Third  was 

2  Tytler's  History,  vol.  vii.  pp.  179,  180.  Alexander,  the  fourth  lord.    The  Lord  Forbes 

3  Ibid.  vol.  iii.  p.  452.  who  exhibited  the  bloody  shirt  of  the  Earl  of 

4  Pinkerton,  vol.  ii.  p.  8.    The  Lord  Forbes  Moray  a  century  later  appears  to  have  been 
who  is  here  mentioned  as  the  bearer  of  the  William,  the  seventh  lord. 


CXX  SIR  JAMES  JOHNSTONE  OP  JOHNSTONE,  KNIGHT,  1587-1608. 

Nithsdale  rallied  to  the  support  of  Maxwell.  The  landlords,  and  others 
who  had  suffered,  fearing  remissness  in  executing  his  commission  on  account 
of  the  bonds  of  amity  between  him  and  Johnstone,  agreed  to  assist  Lord 
Maxwell  in  all  his  quarrels  provided  he  would  engage  to  deal  out  merited 
punishment  to  the  guilty  Johnstones.  Sir  James  Douglas  of  Drumlanrig, 
Eobert  Maxwell  of  Castlemilk,  the  brother  of  Lord  Maxwell,  and  Thomas 
Kirkpatrick  of  Closeburn  entered  into  a  bond  engaging  to  assist  John,  Lord 
Maxwell,  warden  of  the  West  Marches,  in  terms  of  the  royal  commission,  to 
apprehend  Sir  James  Johnstone  of  Dunskellie,  his  Majesty's  rebel,  for  divers 
odious  crimes  and  for  reset  of  the  murderers  of  the  men  of  Sanquhar  and 
sundry  other  fugitives  in  his  house  of  Lochwood.1  It  does  not  appear  that 
Sir  James  Johnstone  had  personally  taken  any  part  in  the  raid  on 
Sanquhar,  but  as  chief  of  his  clan  and  as  a  landlord,  he  was  responsible  in 
law  for  the  defaults  of  his  tenants  and  vassals.  It  was  in  this  way,  and  also 
for  the  reasons  alleged  in  the  bond  just  quoted,  that  the  king's  commission 
to  Maxwell  was  directed  against  him. 

While  the  preparations  which  have  been  described  were  being  zealously 
prosecuted  to  secure  the  apprehension  of  Johnstone,  a  task  which  it  was, 
foreseen  would  not  be  an  easy  one,  Sir  James  was  no  less  active  in  devising 
means  for  his  own  safety.  Evidently  with  a  view  to  strengthen  his  position, 
he  opened  communications  with  Francis,  Earl  of  Bothwell,  who  had  con- 
siderable power  and  popularity  at  this  time.  To  him  he  undertook,  upon 
his  faith,  honour,  and  truth,  to  support  whatever  he  should  promise  to  the 
Queen  of  England  concerning  the  forthsetting  of  religion,  the  surety  of  the 
king,  and  the  preservation  of  the  amity  with  England.2  There  is  no  evidence 
that  Johnstone  received  any  support  from  Bothwell.  From  his  maternal 
kindred,  the  Scotts  of  Buccleuch  in  Eskdale  and  Teviotdale,  he  received  500 
men,  under  the  conduct  of  Sir  Gideon  Murray  of  Elibank,  in  place  of  the 

1  Original  bond,  dated  Blackwodheid,  23d  October  1593,  in  Annandale  Charter-chest. 

2  Lochwood,  12th  November  1593;  Thorpe's  Calendar  of  State  Papers,  Scotland,  vol.ii.  p.  639. 


DISCOVERY  OP  LORD  MAXWELL  S  PLANS.  CXX1 

laird  of  Buccleuch,  who  was  then  abroad.  He  was  also  supported  by  the 
Elliots  of  Liddesdale,  the  Grahames  of  the  debateable  land,  and  by  other 
Border  tribes. 

In  making  his  preparations,  Sir  James  Johnstone  had  the  good  fortune 
to  discover  the  plans  of  Maxwell.  The  bond  of  agreement,  already  noticed, 
between  Sir  James  Douglas,  Bobert  Maxwell,  and  Thomas  Kirkpatrick,  in  his 
favour,  being  carelessly  kept,  fell  into  the  hands  of  a  Johnstone  of  Cummer- 
trees,  a  servant  of  Lord  Maxwell,  and  was  divulged  to  Johnstone,  who  in 
this  way  became  aware  of  the  combinations  and  intentions  of  his  enemies.1 

About  the  middle  of  November,  when  preparations  for  the  final  struggle 
were  well  advanced  on  both  sides,  an  incident  occurred  which  brings  out  the 
vigilance  of  the  opposing  parties  and  the  desire  on  the  part  of  Maxwell  and 
his  confederates  to  take  advantage  of  every  thing  to  make  the  position  of 
Johnstone  as  difficult  as  possible.  On  31st  January  of  this  year,  Sir  James 
Johnstone  had  subscribed  an  assurance  guaranteeing  Thomas  Kirkpatrick 
of  Closeburn  and  Boger  Kirkpatrick  of  Clinstoun  from  injury  till  11th 
November  1594.  On  that  occasion  Alexander  Johnstone  of  Gubhill  had 
become  surety  for  Sir  James  to  that  effect  in  10,000  merks.  The  assurance 
had  not  been  registered,  and  Thomas  and  Boger  Kirkpatrick  were  now  the 
sworn  enemies  of  Sir  James  Johnstone  and  at  war  with  him.  In  these 
circumstances  Sir  James  refused  to  consent  to  the  registration  of  the 
assurance  that  execution  might  follow.  The  privy  council  before  whom  the 
Kirkpatricks  complained  ordered  the  registration  of  the  assurance.2 

Shortly  after  this  Lord  Maxwell  summoned  Sir  James  to  surrender  in  the 
king's  name  and  submit  himself  to  trial.     But  the  summons  was  treated  with 

1  Spottiswoode's  History,  vol.  ii.  pp.  445,  that  it  salbe  and  is  alreddy  the  braking  of  the 

446.     Referring  to  this  bond  in  the  following  Borderis  to  the  grit  wraik  of  all  trew  men  and 

year,   Sir   James    Johnstone   says:    "  Noeth-  innocent  pepill  in  thir  pertis."     [30th  June 

theles,  it  is  noeht  vnknawin  how  he  maid  one  1594,  Charters  of  this  Work,  p.  61.] 

vther  priuat  band  for  the  wraik  of  me  and  my  2  Register  of  the   Privy  Council,  vol.   v. 

freindis,  and  throw  thir  occasiounis  it  is  thocht  p.  106. 

VOL.  I.  Q 


cxxii  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

contempt.  As  warden  of  the  Marches  Maxwell  called  out  his  forces, 
numbering  in  foot  and  horse  about  1500  men,  while  Johnstone  with  his  own 
followers  and  the  Scotts  and  others  numbered  about  800  men.1 

On  or  about  the  5th  of  December  1593  Lord  Maxwell  marched  with  his 
forces  from  Dumfries  into  Annandale.  He  sent  out  a  reconnoitring  party 
under  the  command  of  Captain  Oliphant,  who  came  upon  the  Johnstones 
near  Lochmaben.  The  Maxwell  party  was  suddenly  attacked  and  over- 
powered. Several  of  the  Maxwells  were  slain,  including  Captain  Oliphant. 
Others  sought  shelter  in  the  parish  church.  But  apparently  on  the  principle 
of  self-preservation,  and  that  all  is  fair  in  war,  the  Johnstones  set  lire  to 
the  church  and  compelled  them  to  surrender.  For  that  sacrilege  the  king 
granted  a  remission  to  Johnstones  some  years  afterwards. 

With  the  main  body  of  his  army,  however,  Lord  Maxwell  pushed  on. 
Having  crossed  the  Lochmaben  hills  he  encamped  during  the  night  of  the 
6th  of  December  on  the  heights  of  Skipmire.  On  the  forenoon  of  the  follow- 
ing day  he  crossed  the  river  Annan  and  found  himself  face  to  face  with  the 
Johnstones,  who  were  encamped  on  elevated  ground  which  sloped  gradually 
to  the  south,  and  which  now  forms  a  portion  of  the  glebe  land  of  the  parish 
minister  of  Dryfesdale.  Sir  James  Johnstone,  by  his  military  skill,  selected 
a  position  so  disadvantageous  to  Lord  Maxwell  that  the  latter  could  never 
bring  into  action  more  than  one  half  of  his  force  at  a  time. 

Over-confident  in  his  superior  numbers,  Lord  Maxwell  did  not  keep  him- 
self sufficiently  watchful  of  the  movements  of  Johnstone's  army.  Maxwell's 
forces  having  been  thrown  into  disorder  through  crossing  the  river  Annan, 
the  advanced  part  of  his  army  found  themselves  in  a  position  in  which  they 
had  no  alternative  but  to  fight  or  make  a  disastrous  retreat.  To  force  a 
conflict  Johnstone  "  sent  forth  some  prickers  to  ride  and  make  provocation," 

1  Manuscript  Accountin  Advocates' Library,       the  year    1630;    and  Chambers's   Domestic 
supposed  to  have  been  written   by  Robert       Annals,  vol.  i.  p.  252. 
Johnston,   the    historian,    who    died    about 


BATTLE  OF  DRYFESANDS  BETWEEN  MAXWELLS  AND  JOHNSTONES.     CXXU1 

challenging  to  the  conflict,  and  shouting  the  Johnstones'  war-cry,  "Eeady, 
aye  ready ! "  Maxwell,  exasperated,  sent  forth  a  strong  detachment  of  his 
men  crying,  ."  Wardlaw !  Wardlaw  !  Wardlaw  !  I  bide  ye  fair,  Wardlaw  !  " 
which  was  the  slogan  of  the  Maxwells.  This  detachment  was  suddenly 
attacked  on  all  sides  by  a  larger  body  of  Johnstones,  who  had  also  the 
advantage  of  a  more  favourable  position.  The  Maxwells  broke  up  and  fell 
back  on  the  main  body,  which  was  thus  thrown  into  confusion.  The  John- 
stones, seizing  their  opportunity,  rushed  down  with  their  whole  force  upon 
their  disorganised  enemies,  who,  panic-stricken,  fled  in  confusion,  most  of 
them  falling  back  upon  and  recrossing  the  river  Annan.1  Thus  ended  the 
short  but  sharp  battle  of  Dryfesands,  which  was  so  disastrous  to  the 
Maxwells  and  so  victorious  to  the  Johnstones  for  the  time. 

One  of  the  traditions  connected  with  this  battle  is  that  some  days  before  it 
took  place  Lord  Maxwell  promised  a  reward  of  a  ten  pound  land,  that  is,  land 
valued  at  that  amount  for  taxation  purposes,  to  the  person  who  should  bring 
him  the  head  or  hand  of  Sir  James  Johnstone.  The  latter  retaliating  said  that 
while  he  had  not  a  ten  pound  land  to  give,  he  would  bestow  a  farm  of  the  half 
of  that  value  upon  the  man  who  should  bring  him  the  head  or  the  hand  of 
Lord  Maxwell.  Spottiswoode,  the  only  writer  of  the  time  who  gives  details 
of  Lord  Maxwell's  death,  says,  "  The  Lord  Maxwell,  a  tall  man  and  heavy 
in  armour,  was  in  the  chase  overtaken  and  stricken  from  his  horse."  The 
tradition  on  the  subject  is  that  Lord  Maxwell  was  pursued  and  overtaken  by 
William  Johnstone  of  Kirkhill,  who  on  coming  up  to  him  struck  him  off  his 
horse,  and  disregarding  his  prayer  for  mercy,  which  he  alleged  in  similar 
circumstances  he  had  given  to  the  Johnstone  chief,  cut  off  his  hand,  and  put 
him  to  death.2     Another  tradition  is  to  the  effect  that  William  Johnstone 

1  A  considerable  number  of  the  fugitives  2  Sir  Walter  Scott  states  that  the  above 

fled  to  Lockerbie.     These  were  wounded  to  account  was  derived  from  the  daughters  of 

such  an  extent  that  the  phrase,  "A  Lockerbie  William  Johnstone  of  Kirkhill,  who  received 

lick,"  applied  to  them  at  the  time,  afterwards  it  from  their  father, 
became  a  proverbial  one. 


cxxiv        SIR  JAMES  JOHNSTONE  OP  JOHNSTONE,  KNIGHT,  1587-1608. 

of  Kirkhill  cut  off  the  hand  of  Maxwell  and  left  him  mutilated  but  alive,  and 
that  shortly  afterwards  the  wife  of  James  Johnstone  of  Kirkton,  coming  out 
of  Kirkton  Tower  with  a  few  female  attendants  to  search  for  her  husband, 
and  afford  relief  to  the  wounded  on  the  field,  discovered  Maxwell  and 
despatched  him  by  striking  him  repeatedly  on  the  head  with  the  keys  of  the 
Tower,  which  hung  at  her  girdle.  The  probability  is  in  favour  of  the  first  of 
the  two  traditions.  But  the  almost  contemporary  account  of  Johnston,  the 
historian,  states  that  Lord  Maxwell  was  slain  by  the  laird  of  Johnstone's 
own  hand.  The  manuscript,  however,  is  interlined  with  the  following  words — 
"  or,  as  is  alleged,  by  Mr.  Gideon  Murray,  being  servitor  to  Scott  of  Buccleuch." 
The  manuscript  adds,  "  Never  ane  of  his  awn  folks  remained  with  him  (only 
twenty  of  his  own  houshold),  but  all  fled  through  the  water;  five  of  the 
said  lord's  company  were  slain,  and  his  head  and  right  arm  were  taken  with 
them  to  the  Lochwood,  and  affixed  on  the  wall  thereof.  The  bruit  ran  that 
the  said  Lord  Maxwell  was  treacherously  deserted  by  his  own  company."  * 
No  particular  parties  are  named  as  guilty  of  the  treachery,  but  in  a  ballad 
usually  styled  Lord  Maxwell's  "  Gude  Night,"  the  lairds  of  Drumlanrig, 
Closeburn,  and  Lag  are  directly  charged  with  the  desertion.  That  ballad  pro- 
fesses to  have  been  written  by  or  for  Lord  Maxwell  when  he  was  to  fly 
for  safety  abroad  after  his  murder  of  Sir  James  Johnstone  in  1608.  But 
although  the  poetry  is  plaintive  it  is  lacking  in  historical  truth.  All  the  tradi- 
tions relating  to  the  circumstances  of  the  death  of  Lord  Maxwell  beyond  the 
accounts  of  Spottiswoode  and  Robert  Johnston  require  confirmation.  The 
death  of  John,  eighth  Lord  Maxwell,  Earl  of  Morton,  was  lamented  by  not  a 
few.  Spottiswoode  describes  him  as  "  a  nobleman  of  great  spirit,  humane, 
courteous,  and  more  learned  than  noblemen  commonly  are  ;  but  aspiring  and 
ambitious  of  rule."     He  adds,  "  His  fall  was  pitied  of  many  for  that  he  was 


1  Printed  from  Robert  Johnston's  Manuscript  History,  Advocates'  Library,  in  Chambers's 
Domestic  Annals,  vol.  i.  p.  252. 


LORD    MAXWELL  S  THORN  AT  DRYFESANDS.  CXXV 

not  known  to  have  done  much  wrong  in  his  time,  and  was  rather  hurtful  to 

himself  than  others."  1 

During  the  month  of  August  1883  the  author  of  the  present  work  made 

extensive  investigations  in  Annandale.     Among  the  places  visited  then  was 

the  hattlefield  of  Dryfesands.     The  old  churchyard  of  Dryfesdale  is  on  the 

banks  of  the  river  Dryfe.      There  is  a  couplet  attributed  to  Thomas  the 

Ehymer  which  says — 

"  Let  picks  and  spades  do  what  they  may, 
The  Dryfe  will  wash  the  kirk  away."  * 

In  fulfilment  of  the  prophecy  a  former  church  was  actually  washed  away 
when  the  Dryfe  was  in  flood.  About  a  mile  lower  down  the  river  on  the 
holm,  the  spot  is  pointed  out  where  Lord  Maxwell  was  killed  by  the 
Johnstones  in  the  battle  of  Dryfeholm  or  Dryfesands.  Old  inhabitants  of 
Dryfesdale  and  Lockerbie  at  the  time  referred  to  remembered  having  seen 
the  original  "Maxwell  Thorns."  As  the  water  of  the  Dryfe  threatened 
to  wash  them  away,  as  well  as  the  church,  which  it  afterwards  did,  a  sprout 
was  preserved  and  planted  further  from  the  river  in  a  field  close  to  a  clump 
of  seven  trees,  where  it  was  enclosed  for  its  protection.  A  pole  on  the 
roadside  leading  to  it,  with  a  large  wood  board  affixed  to  it,  had  in  black 
letters  upon  a  white-painted  ground  a  notice  indicating  to  strangers  the 
proximity  of  Maxwell's  Thorn.  In  the  Book  of  Carlaverock,  a  note  states 
that  "  two  large  thorn  trees,  called  Maxwell's  Thorns,  long  marked  the  place 
where  Lord  Maxwell  was  slain;  and  that  about  half  a  century  ago  they 
were  swept  away  when  the  waters  of  the  Dryfe  were  greatly  swollen." 2 
In  the  Statistical  Account  of  1793  the  minister  of  the  parish  states  that 
these  two  very  aged  thorn  trees  with  a  tumulus  at  the  base  were  then  known 
as  "Maxwell's  Thorns."  This  description  of  the  thorns  given  in  1793  shows 
that  the  trees  were  then  in  full  vigour.  If  they  had  been  planted  soon  after 
the  battle  in  1593,  they  had  flourished  and  grown  into   trees  during  two 

1  Spottiswoode's  History,  vol.  ii.  pp.  446,  447.       2  Book  of  Carlaverock,  vol.  i.  p.  292,  note  2. 


cxxvi        SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

hundred  years.  In  the  New  Statistical  Account  of  Dryfesdale,  published  in  the 
year  1845,  the  statement  of  the  existence  of  the  very  ancient  thorn  trees  with 
the  tumulus  at  their  base,  called  "  Maxwell's  Thorns,"  is  repeated  almost  in  the 
same  words  as  in  the  Old  Account.  Dryfeholin  fields  are  covered  with 
thorns  as  if  indigenous  to  the  soil,  and  are  used  for  hedge  fences  for  the  fields. 
Large  thorn  trees  grow  at  intervals  in  the  ordinary  thorn-hedge  fences.1 

This  conflict,  which  happened  on  the  6th  of  December  1593,  is  usually 
called  the  battle  of  Dryfesands,  from  its  occurrence  upon  the  sands 
bearing  that  'name,  formed  by  the  floods  of  the  river  Dryfe  as  it  falls  into 
the  Annan.  The  slaughter  which  took  place  in  the  battle  has  been 
exaggerated,  it  being  asserted  that  as  many  as  seven  hundred  were  slain. 
On  the  contrary,  very  few  appear  to  have  fallen.  Calderwood  says  that 
twenty  of  the  Maxwells  were  slain  and  the  rest  put  to  flight.2  Eobert 
Johnston  in  his  History  records  that  only  five  of  Maxwell's  company  were 
slain  in  the  battle.  But  the  official  records  shew  that  the  conflict,  though 
not  involving  so  great  a  loss  as  some  modern  writers  represent,  was  yet  of  a 
more  serious  character  than  that  stated  by  Eobert  Johnston  in  his  History.3 

Tidings  of  the  battle  of  Dryfesands  having  been  carried  to  Edinburgh, 

the  king  convoked  his  privy  council  on  the  22d  of  December  that  they  might 

1  Besides  the  present  large  thorn  tree  at  former  tenant  of  Springfield  was  allowed  £20 
Applegirth  in  memory  of  Bell  of  Albie,  who  to  allow  this  thorn  to  grow  in  the  field,  as  it 
was  engaged  iu  the  battle  against  the  Max-  is  distant  from  the  thorn  hedge.  Thorns  and 
wells,  there  was  formerly  another  tree  of  even  thorn  hedges  abound  in  this  parish  as  well  as 
larger  size,  which  was  blown  or  taken  down.  in  Dryfesdale,  and  form  natural  memorials 
The  wood  of  it  was  formed  into  a  cabinet  for  when  specially  designated. 
a  collection  of  shells  by  the  late  Sir  William  2  MacDowall's  History  of  Dumfries,  p. 
Jardine.  The  wood  of  that  thorn  tree  as  322;  Sir  Walter  Scott's  Tales  of  a  Grand- 
shown  in  this  cabinet  was  white  in  colour,  father  at  date  ;  Calderwood's  History,  vol.  v. 
and  of  a  very  fine  close  grain  similar  to  that  p.  290. 

of  boxwood,  used  by  engravers  in  wood.    The  3  In  the  Book  of  Carlaveroek  (vol.  i.  pp. 

other  Albie  thorn  tree  stands  south-east  from  294,  295)  it  is  stated  that  Lord  Maxwell  was 

the  church  of  Applegirth  in  a  field  on  the  farm  interred  in  the  College  of  Lincluden,  on  30th 

of  Springfield.      It  is  about  twenty  feet  in  December    1593,    without   a   monument    to 

height  and  is  much  decayed  in  the  trunk  from  mark  his  grave.     This  statement  was  made 

the  ground  and  for  about  five  feet  upwards.    A  upon  the  authority  of  a  letter  of  invitation 


PROCEEDINGS  AGAINST  SIR  JAMES  JOHNSTONE,  1593.  cxxvii 

consider  the  troubled  state  of  the  Borders,  especially  in  the  West  March, 
and  the  treasonable  rebellion  of  Sir  James  Johnstone  of  Dunskellie,  knight, 
and  his  accomplices.  The  council  in  their  Eegister  under  that  date  state 
the  case  against  Sir  James,  and  among  other  averments  assert  that  on  the 
6th  instant,  with  an  armed  convocation  of  the  king's  lieges,  and  English- 
men treasonably  brought  into  the  realm,  he  "umbesett,  invadit,  persewit, 
and  maist  cruellie  and  outragiously  slew"  the  warden,  several  gentlemen 
of  his  name,  and  other  obedient  subjects  of  the  king.  He  likewise  drowned, 
hurt,  lamed,  dismembered,  and  took  a  great  number  of  prisoners,  reft  and 
spoiled  them  of  their  horses,  armour,  purses,  money,  and  other  goods,  and 
still  continued  in  his  "  rage  and  crueltie,  heirship  and  waisting  of  the  countre, 
in  proude  contempt  of  his  Hienes  authoritie  and  lawes." 

The  king  resolved  to  proceed  with  a  force  to  the  West  March  on  15th 
February ;  and  until  then  the  council  appointed  a  commission,  consisting  of 
William,  Lord  Herries,  and  nine  other  influential  gentlemen  connected  with 
the  shire  of  Dumfries,  to  repair  to  that  burgh  for  the  comfort  of  the  good 
subjects  and  resisting  or   pursuit  of  the  rebellious  or  disobedient ;  and  to 

to  his  lordship's  funeral,  and  also  from  the  should  be  buried  in  their  accustomed  burial- 
tradition  in  the  Maxwell  family.  In  the  places  within  twenty  days.  From  this  order, 
funeral  letter,  Willi  am  Maxwell,  Lord  Herries,  it  may  be  inferred  that  Lord  Maxwell's  body 
writes  to  Sir  John  Maxwell  of  Pollok  on  11th  was  either  not  interred  on  30th  December 
December  1593  :  1593,  as  at  first  intended,  or  that  it  had  been 
"Ze  have  hard  of  the  infortunat  slauchter  of  exhumed  by  his  turbulent  son  and  successor, 
zour  cheiff,  my  Loird  Erie  of  Mortoun.  I  with  whose  desperate  character  is  recorded  in  the 
advyis  of  his  freindis  heir  hes  thocht  nieit  that  Act  of  Parliament  passed  on  24th  June  1609 
the  bm-iall  of  his  body  salhe  vpon  Soneday  the  j-Acta  of  the  Parliaments  of  Scotland,  vol.  iv. 
penult  of  December  instant."  p    45J  .    The   Book   q£  Carlaverockj   vo]     ; 

The  Register  of  the  Privy  Council  (vol.  v.  p.    318].       Dame   Elizabeth   Douglas,   Lady 

pp.   444,   445),    under   date   16th   February  Maxwell,  the  wife  of  Lord  Maxwell,  who  died 

1597-98,  contains  an  order  for  the  burial  of  at  Edinburgh  in  the  year  1637,  is  stated  in  a 

the  bodies  of  the  Earl  of  Moray  and  Lord  MS.  Account  of  the  Herries  Family,  to  have 

Maxwell.    The  order  proceeds  upon  the  corn-  been  interred  in  a  vault  in  the  College  Kirk 

plaint  of  certain  ministers  that  the  bodies  of  of   Lincluden,   beside    the   remains    of   Lord 

these  two  lords  continued  so  many  years  un-  Maxwell.      [The   Book  of  Carlaverock,  vol.  i, 

buried.      The    council    ordained   that   they  p.  299.] 


CXXVlii      SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

keep  peace  with  England  and  establish  good  rule.  As  the  narrative  in  the 
commission  makes  no  mention  of  the  slaughter  of  Lord  Maxwell  by  Sir 
James's  own  hand,  nor  of  the  carrying  of  the  head  and  arms  of  Maxwell  to 
Lochwood,  the  tradition  on  that  subject,  to  which  reference  has  been  made, 
is  rendered  all  the  more  doubtful.  But  as  showing  that  this  negative  evidence 
is  not  conclusive,  it  is  to  be  observed  that  neither  does  the  narrative  make 
any  mention  of  Lord  Maxwell's  having  any  special  commission  to  apprehend 
Johnstone.  In  connection  with  this  last  fact,  it  may  be  pointed  out  that  the 
new  commissioners  are  not  directed  to  apprehend  him.  From  the  whole 
tenor  of  the  commission  it  is  apparent  that  at  this  stage  the  king  and 
council  were  not  disposed  to  adopt  extreme  measures  against  Johnstone  if 
the  peace  of  the  border  could  otherwise  be  secured.  From  this  time 
Johnstone  evinced  a  disposition  to  follow  a  conciliatory  course,  as  is  shown 
by  his  restoring  part  of  the  property  plundered  at  Sanquhar. 

Six  months  after  the  battle  of  Dryfesands  Sir  James  Johnstone  made 
proposals  for  an  amicable  agreement  with  Lord  Maxwell's  friends.  In 
these  he  made  solemn  declaration  that  the  last  unhappy  and  ungodly  work 
that  fell  out  between  Lord  Maxwell  and  him  arose  out  of  "the  grit 
skaithis  of  fyris,  heirschipis,  and  slauchteris,"  done  by  his  lordship  upon 
Sir  James's  father,  which  he  says  "  wes  his  deith."  Nevertheless,  he  adds, 
he  had  "  buryit  thai  materis  in  my  hart,"  and  entered  into  a  hearty 
agreement  with  Lord  Maxwell.  But  the  latter  had  made  another  private 
bond  for  the  wrack  of  him  and  his  friends,  and  hence  the  breaking  of  the 
Borders,  which  had  been  and  was  still  likely  to  be.  For  avoiding  this  Sir 
James  proposed  that  mutual  assurances  should  be  given  by  Maxwell's  friends 
and  himself  to  keep  the  peace  and  to  give  redress  of  wrongs  which  might 
be  shown  to  have  been  inflicted.  In  case  his  proposals  for  a  friendly  agree- 
ment were  refused,  Sir  James  resolved  that  he  would  present  a  copy  of  them 
to  the  king  and  the  kirk,  and  take  God  to  witness  of  his  innocency.1 

1  Original  proposals,  dated  Lochwood,  30th  June  1594,  Charters  of  this  Work,  pp.  61,  62. 


RESPITE  FOR  THE  DEATH  OF  LORD  MAXWELL,  1594.  cxxix 

The  efforts  of  Johnstone  at  reconciliation  were  not  at  this  time  successful, 
as  his  proposals  were  not  favoured  by  the  Maxwells.  He  next  endeavoured 
to  make  peace  with  the  government.  "While  parliament  was  sitting,  during 
the  month  of  June,  he  employed  several  courtiers  to  "travel"  in  the 
matter.  Sir  James  himself  and  Johnstone  of  Westerhall  were  at  the  time 
secretly  within  five  miles  of  Edinburgh,  waiting  the  result  of  the  negotiations. 
Lord  Hamilton,  having  heard  of  Johnstone's  presence  in  the  suburbs,  received 
a  commission  to  apprehend  him.  But  before  it  was  subscribed,  Sir  John 
Carmichael,  captain  of  the  guard,  sent  his  page  in  haste  upon  one  of  the 
king's  horses  to  give  him  timely  warning.1  The  endeavours  of  Sir  James 
and  his  friends  ultimately  prevailed ;  and  towards  the  close  of  the  year, 
and  fully  twelve  months  after  the  battle  of  Dryfesands,  the  king  out  of  his 
special  grace,  favour,  and  mercy  granted  him  a  respite  for  art  and  part  in  the 
treasonable  slaughter  of  the  late  Lord  Maxwell,  and  others,  on  6fch  December 
1593,  as  well  as  for  other  crimes  mentioned  therein.2 

The  remission  now  obtained  by  Sir  James  from  the  king,  while  it  could 
not  fail  to  be  satisfactory  to  him,  did  not  allay  either  the  troubles  on  the 
Borders  or  the  feuds  between  the  Johnstones  and  Maxwells.  Previous  to  the 
remission  disorder  was  very  prevalent.  In  a  list  of  "  wickit  thevis,  oppressoris, 
and  pece  brekaris  and  resettaris  of  thift,"  which  was  presented  to  parliament 
in  June  1594,  the  surname  of  Johnstone  is  placed  alongside  that  of  many 
others,  including  the  Armstrongs,  Elliots,  Nixons,  Grahames,  Irvines,  Jardines, 
Bells,  etc.  Parliament  enacted  that  a  roll  should  be  made  and  pledges  re- 
quired of  those  whose  names  appeared  in  it.  This  order  of  parliament  was 
now  put  into  execution.3     On  the  9th  January  1595  the  privy  council  ordered 

1  Calderwood's  History,  vol.  v.  p.  336.  are   included   in   it,   there  being  in    all  one 

2  The  precept  for  the  respite  is  without  hundred  and  sixty  persons  named.  [Reg. 
date,  but  it  is  subscribed  by  the  king  and  Sir  Sec.  Sig.  vol.  lxvii.  fol.  43 ;  Book  of  Carlave- 
Robert  Melvill,  his  treasurer  [Charters  of  this  rock,  vol.  ii.  pp.  497-499  ;  Annandale  Peerage, 
Work,  p.  62].  The  respite  itself ,  which  was  for  Minutes  of  Evidence,  1877,  pp.  2S1,  282.] 
five  years,  is  dated  at  Holyrood-house,  24th  3  The  Acts  of  the  Parliaments  of  Scotland, 
December  1594.     Many  of  Johnstone's  friends  vol.  iv.  pp.  71,  72. 

VOL.  I.  B 


CXXX         SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

that  the  pledges  entered  by  Sir  James  should  not  be  quarrelled  or  accused  for 
any  offences  committed  by  the  persons  for  whom  they  pledged  before  the  feast 
of  Yule,  but  only  for  such  as  should  be  committed  after  that  date.  Two  days 
later,  the  king,  with  advice  of  his  council,  declared  to  Sir  James  and  to  Sir 
Walter  Scott  of  Branxholme,  who  had  given  bond  concerning  Sir  James,  both 
being  present,  that  if  any  of  the  branches  of  Johnstone,  or  others  for  whom 
pledges  were  entered,  committed  "  stouthreif,  oppressioun,  or  blude,"  or  con- 
travened the  conditions  on  which  they  were  entered,  the  pledge  or  pledges  of 
the  branch  or  branches  so  contravening  should,  be  imprisoned,  and  Sir  James 
and  Sir  Walter  should  be  required  either  to  satisfy  the  injured  or  to  enter 
the  offenders  before  the  king  and  council,  or  before  the  justice,  within  fifteen 
days  after  the  requisition.  If  they  failed  to  do  so,  the  pledge  or  pledges 
of  the  branch  or  branches  so  offending  should  be  slain ;  and  Johnstone  and 
Scott  should  be  bound  to  enter  other  pledges  of  the  same  branches.1 

These  measures  did  not  accomplish  much,  and  it  will  be  seen  that  the 
West  March  remained  as  turbulent  as  ever. 

In  October  1595  a  serious  incident  took  place,  which  greatly  embittered 
the  feud  between  the  Maxwells  and  the  Johnstones.  William  Maxwell,  Lord 
Hemes,  acting  as  warden  of  the  West  Marches,  in  that  month  went  to 
Lockerbie  with  300  men,  and  apprehended  certain  persons  there.  Colville, 
in  a  letter  to  Eobert  Bowes,  asserts  that  Lord  Hay  [Hemes],  with  Drumlanrig, 
accompanied  by  nearly  2000  men,  ran  a  foray  in  Annandale,  and  took  away  a 
great  booty  of  goods,  which  were  restored.2  A  party  of  Johnstones  attacked 
the  warden,  rescued  the  prisoners,  and  forced  Lord  Hemes  to  retire  with  the 
loss  of  nearly  a  score  of  his  men,  dead  or  wounded.  Sir  John  Maxwell  of 
Pollok  was  among  the  slain.3 

Besides  the  statements  of  Colville  there  is  other  evidence  that  King  James 

1  Register  of  the  Privy  Council,  vol.  v.  pp.  197,  109. 

2  Letters  of  John  Colville,  Bannatyne  Club,  185S,  Appendix,  p.  327. 

3  Book  of  Carlaveroek,  vol.  i,  p.  301  ;  Memoirs  of  the  Maxwells  of  Pollok,  vol.  i.  p.  42. 


APPOINTED  WARDEN  OF  THE  WEST  MARCH,  1596.  cxxxi 

the  Sixth  found  it  again  necessary  to  intervene  between  the  Maxwells  and 
the  Johnstones.  This  he  did  in  a  series  of  measures  extending  over  several 
months,  which  fall  now  to  be  described.  The  king  and  council,  with  advice 
and  consent  of  Sir  James  Johnstone,  who  was  present,  set  free  all  prisoners 
taken  by  him  and  his  followers  at  any  of  the  late  conflicts  between  them  and 
the  Maxwells,  and  discharged  all  bonds  or  other  securities  made  by  them  to 
Sir  James.1  In  addition  to  this,  and  as  a  measure  of  precaution  apparently, 
Lord  Hemes,  Drumlanrig,  and  Johnstone  were  warded  in  Edinburgh  Castle. 
In  the  end  of  December,  Sir  John  Carmichael  was  appointed  warden  of  the  West 
March.  In  the  beginning  of  January  Johnstone  was  set  at  liberty,2  but  he 
had  to  give  a  bond  for  £10,000  that  he  would  appear  before  the  king  and 
council  when  required.3  He  had  also  to  give  pledges  for  good  rule  of  the 
several  "  gangs  "  under  his  jurisdiction,  bind  himself  that  the  pledges  entered 
in  ward  who  escaped  should  be  returned  again  under  a  penalty  of  £1000  for 
each  pledge,  and  find  caution  to  redress  all  wrongs  committed  by  those  for 
whom  he  was  liable  since  the  respite  granted  to  him  on  24th  December  1594. 

Besides  these  measures,  assurances  were  exacted  from  the  Maxwells, 
Johnstones,  and  others.  William,  Lord  Hemes,  who  subscribed  an  assur- 
ance to  Sir  James  Johnstone  of  Dunskellie,  afterwards  protested  that  although 
he  had  subscribed  it  at  the  express  command  of  the  king,  he  could  not  answer 
for  the  Maxwells  in  Clydesdale  and  Renfrewshire,  and  various  other  persons.4 

But  the  most  interesting  and  surprising  of  all  the  measures  adopted 
by  King  James  for  suppression  of  feuds  and  establishing  good  rule  on 
the  Borders  is  now  to  be  related.  The  king,  with  consent  of  his  council, 
granted  a  commission  to  Sir  James  Johnstone,  appointing  him  to  be  warden 
and  justice  within  the  bounds  of  the  West  March,  including  Annandale, 
Eskdale,  Ewesdale,  Nithsdale,  and  Galloway.     The  commission  was  to  endure 

1  Register   of   the  Privy  Council,   vol.  v.  3  2d   January    1595-0.        Register  of  the 
p.  246,  11th  December  1595.                                   Privy  Council,  vol.  v.  p.  738. 

2  Thorpe's  Calendar,  vol.  ii.  pp.  702,  703.  i  8th  March  1595-6.     Ibid.  p.  280. 


CXXxii      SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

for  one  year,  and  longer  at  the  king's  pleasure.1  The  West  Marches  con- 
tinued to  he  the  scene  of  much  disorder  after  the  appointment  of  Sir  James. 
The  Maxwells  were  dissatisfied,  and  soon  made  preparations  to  prosecute 
the  feud  anew.2  King  James  again  repaired  to  Dumfries,  where  he  held 
meetings  of  the  privy  council,  from  the  1st  till  the  9th  of  April  1597,  when 
he  returned  to  Edinburgh. 

In  July  1597  Sir  James  Johnstone  and  Buccleuch  were  both  committed 
to  ward  in  the  castle  of  Edinburgh,  apparently  for  failure  to  deliver  their 
pledges.3  They  were  soon  after  released  by  the  king  to  go  and  fetch  their 
pledges,  and  then  return  to  ward.4  The  king  himself  again  repaired  to 
Dumfries,  where  he  was  from  the  beginning  to  the  end  of  November. 
Among  other  arrangements  which  he  made  while  there  he  annulled  the 
bonds  taken  by  Johnstone  from  dependers  upon  Lord  Sanquhar  and  the 
lairds  of  Drumlanrig  and  Dalzell,  who  had  been  taken  and  liberated  upon 
bond  for  re-entry,  ordered  the  subscribing  of  mutual  assurances,  and  on  the 
28th  of  the  month  appointed  Andrew,  Lord  Stewart  of  Ochiltree,  to  be 
lieutenant  and  warden  of  the  West  March,  in  room  of  Sir  James  Johnstone.5 

In  the  beginning  of  May  the  very  serious  charge  was  preferred  against 
Sir  James  of  breaking  his  solemn  assurance  in  the  following  circum- 
stances. Johnstone  and  some  others  having  lain  in  wait  at  Auchinflek  for 
Oswald  Bell  of  the  Hill,  John  Bell  called  the  Hoig,  and  Eergy  Bell,  his 
brother,  slew  Oswald,  chased  John  -and  Fergy  three  miles  to  the  water  of 
Carron,  slew  Erancie  and  Cristie  Carlille,  all  dependers  of  Sir  James 
Douglas  of  Drumlanrig.6     Upon  the  complaint  of  the  latter  the  matter  was 

1  28th  July  1596.  Charters  of  this  Work,  6  Register  of  the  Privy  Council,  vol.  v. 
pp.  64-66.  pp.  421-426,  432. 

2  Thorpe's  Calendar,  vol.  ii.  p.  733. 

3  Letter,  Robert  Bowes  to  Sir  Robert  6  This  conflict  is  thus  recorded  by  Birrell 
Ceeill,  Edinburgh,  23d  July  1597.  Thorpe's  [13th  July  1597]:  "An  feight  or  combat 
Calendar,  vol.  ii.  p.  740.  betuix  the  laird  of  Drumlanrick  and  the  laird 

4  24th  August  15D7.  Vol.  ii.  of  this  work,  of  Johnestoun  and  thair  assisteris."  [Birrell's 
p.  12.  Diary,  p.  44.] 


DENOUNCED  AS  A  REBEL,   1598.  cxxxiii 

taken  up  by  the  privy  council.  Andrew  Johnstone  of  Kirktoun,  who  appeared 
for  Sir  James  Johnstone,  excused  his  absence  on  the  ground  that  by  reason 
of  the  slaughter  committed  by  him  he  could  not  appear  personally  without 
his  Majesty's  dispensation.  The  council  decerned  the  assurance  violated, 
and  declared  Johnstone  perjured  and  defamed  in  time  coming.  Publication 
of  the  sentence  upon  Sir  James  was  made  at  the  cross  of  Edinburgh,  where 
he  was  hung  in  effigy  with  his  head  downward,  declared  mansworn,  and  on 
5th  June  put  to  the  horn  and  pronounced  a  rebel.1  Not  till  2d  Jidy  1600, 
fully  two  years  after  this  sentence  was  pronounced,  was  Sir  James  restored 
to  his  honours.  Meanwhile  further  troubles  were  in  store  for  Johnstone. 
The  inhabitants  of  Nithsdale,  Annandale,  and  other  parts  of  the  West  Border 
gave  in  a  complaint  to  parliament  against  him  in  which  they  enumerated 
his  slaughter  of  Lord  Maxwell,  the  laird  of  Nether  Pollok,  and  others  to  the 
number  of  thirty  or  forty,  and  stated  that  he  was  still  "  prosequuting  a 
maist  wyld  and  bludie  course."  Although  there  were  those  who  ceased  not 
"  to  travell  and  interceid  in  favour  of  the  said  laird  of  Johnnestoun,"  parlia- 
ment passed  a  special  act  subscribed  by  the  king,  inhibiting  any  to  inter- 
commune  or  assist  him  in  any  sort.2  His  bond  of  2d  January  1595-6  to 
appear  before  the  king  and  council  when  required  was  forfeited,  and  the 
penalty  of  £10,000  ordered  to  be  uptaken.3 

Sir  James  Johnstone  made  endeavours  to  be  reconciled  to  the  king,4  and 
met  with  ultimate  success,  as  in  about  eight  months  after  the  forfeiture  of 
his  bond  he  was  well  received  at  court.5 

The  accusations  of  Drumlanrig  and  the  sentence  pronounced  against  him 

1  5th  May  1598.     Register   of  the  Privy       Cecill,  31st  August  1598.   Thorpe's  Calendar, 
Council,   vol.    v.    pp.    456,    458.      Birrell's       vol.  ii.  p.  755. 

Diary,  p.  46. 

2  Acts   of   the   Parliaments   of    Scotland,  5  Calderwood  relates  that  on  2d  February 
vol.  iv.  p.  166.  1599  "  Huntlie,  Hume,  and  the  laird  of  John- 

3  30th  June  1598.     Register  of  the  Privy  stoun  came  to  court,  were  -well  received, — 
Council,  vol.  v.  p.  747.  men   renowned  for  treason,  raising  of   fire, 

4  Letter,  George  Nicolson   to   Sir  Robert  killing,  spoiling "  [History,  vol.  v.  p.  732]. 


CXXxiv      SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

in  consequence  of  these  lay  heavy  upon  the  mind  of  Sir  James  as  reflecting 
upon  his  honour.  There  exists  in  the  Annandale  Charter-chest  a  vigorous 
vindication  of  himself  from  his  own  pen,  which  is  interesting.  The  state- 
ment is  an  earnest  protest  by  Sir  James  of  his  innocence  and  his  anxiety 
to  have  the  question  settled  by  the  law  of  arms,  which  was  an  old  Border 
practice,  and  his  allusions  to  his  antagonist,  the  laird  of  Drumlanrig,  in  it, 
are  far  from  complimentary. 

Sir  James  Johnstone  heads  his  vindication  with  the  words,  "  Eeid  me  and 
lat  me  stik  still."  He  then  relates  the  terms  of  the  assurance  which  Sir  James 
Douglas  of  Drumlanrig  had  given  him  on  29th  November  1597,  to  the  effect 
that  for  the  period  of  the  bond,  which  was  till  1st  January  1598,  he  would  not 
molest  him,  nor  his  friends  and  servants,  "under  the  pane  of  periurie,  infamie, 
and  tynsell  of  perpetuall  honnour  and  credditt  and  estimation  in  tyme  cuming." 
Under  the  heading  "  Breks  follows  nixt,"  he  enumerates  five  several  breaches 
of  the  assurance,  consisting  of  acts  of  violence,  burning,  and  theft,  committed 
by  the  Bells  and  Cairlells,  and  by  Eeidclok  and  his  accomplices.  The  first  of 
the  five,  referring  to  the  burning  of  a  house  by  David  Bell  upon  "  the  Leithe 
day,"  he  enforces  with  the  words,  "The  quhilk  he  nather  will  nor  dar  deney." 

In  the  remainder  of  the  vindication  Sir  James  Johnstone  says  that  upon 
being  so  used  by  Drumlanrig  he  wrote  to  the  king,  acquainting  him  with  the 
"brekis"  in  question,  stating  that  in  the  circumstances  he  would  no  longer 
think  of  an  assurance,  nor  lean  to  it,  and  asking  him  to  hold  him  excused 
whatever  fell  out  thereupon.  He  says  further  that  he  wrote  to  the  same 
purpose  to  the  lieutenant  who  had  delivered  the  assurance,  but  received  no 
answer.  He  then  spoke  to  the  lieutenant,  informing  him  that  the  assurance 
was  broken  in  several  points,  and  adding  that  if  he  "  gat  ony  of  Drumlangrigs 
befoir  I  wane  hame  at  that  present  I  sould  do  thame  the  vorst."  He  offers  to 
prove  by  the  law  of  arms  that  this  was  all  done  before  he  troubled  any 
man,  and  he  desires  all  gentlemen  to  make  the  offer  in  his  name.  There- 
after he  denounces  Drumlanrig  in  unmeasured  terms,  speaking  of  him  as 


DEFENDS  HIMSELF  AGAINST  DRUMLANRIG.  CXXXV 

"  hot  ane  feibill  and  vnhonnest  periurit  creattour,"  and  applying  other  strong 
epithets  to  him  for  moving  the  king  and  council  in  his  absence  "  to  publeis 
my  schame."  He  claims  that  his  statement  made  it  manifest  to  all  men  that 
the  king  in  giving  a  decree  against  him,  and  neither  giving  him  a  remission  for 
the  slaughter  he  had  committed  nor  licence  to  come  and  go  to  defend  his  own 
cause,  had  wronged  him  ;  and  he  challenges  any  man  in  Scotland  to  say  he 
had  broken  the  assurance,  when  he  would  answer  him.  But  if  no  one  could 
say  so,  he  desired  to  be  esteemed  honest.  Sir  James  concludes  his  statement 
by  making  offer  to  Drumlanrig,  "  that  feibill  creattour,  or  to  ony  of  his  estait 
in  his  name,  fra  [for]  he  dar  nocht,  to  pruiff  him  periurit,  defamit,  and  noch 
vordde  credit  be  the  vords  that  is  set  done  herein,  and  that  be  the  sword." 
After  desiririg  all  men  to  excuse  "  my  ruid  forme,"  Sir  James  authenticates 
his  vindication  by  his  own  signature,  "  Johnnestoun." 

Sir  James  Johnstone  during  the  last  few  years  of  the  preceding  narrative 
figures  at  one  time  at  Dryfesands  on  the  field  of  battle,  at  another  time,  near 
Edinburgh,  negotiating  for  the  king's  remission,  and  again  at  his  own  home 
wielding  the  pen  instead  of  the  sword,  vindicating  himself  as  a  man  of  honour 
and  challenging  his  adversary  to  settle  their  dispute  by  an  appeal  to  the  law 
of  arms.  He  now  figures,  to  the  close  of  this  chapter  and  during  the  remain- 
ing months  of  the  century,  in  ward,  first  in  Dumbarton  castle,  and  later  in 
Doune  castle.  While  Johnstone  was  at  large,  the  most  strenuous  efforts  of 
the  king,  council,  and  warden  of  the  West  March  to  secure  the  peace  of  the 
Border  were  in  vain  ;  now  that  he  was  in  ward,  their  endeavours  in  the  same 
direction,  it  will  be  seen,  were  equally  futile.  It  was  not  until  Johnstone  and 
Maxwell  had  both  come  to  a  tragic  end  in  their  prolonged  struggle  that  the 
feud  between  the  two  clans  which  they  represented  was  terminated  and  the 
peace  of  the  Border  secured.  What  follows  is  a  narrative  of  the  warding  of 
Johnstone  and  of  the  action  of  the  government  while  he  was  in  ward. 

In  June  1599,  Sir  James  Johnstone  was  denounced  rebel,  having  failed 
to  present  for  trial  several  Johnstones  who  had  violently  ejected  the  com- 


CXXXvi     SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

mendator  of  Saulseat  from  the  lands  of  Courance  and  Garvall.1  On  31st 
July,  Johnstone,  Lord  Hemes,  and  Sir  James  Douglas,  were  placed  in 
ward.2  This  was  evidently  part  of  the  government  course  of  action  for  the 
pacification  of  the  West  Border.  The  persons  thus  warded  failed  to  enter 
pledges  in  compliance  with  the  order  of  the  estates,  and  were  in  consequence 
ordained  to  surrender  the  castles  of  Carlaverock,  Dumfries,  Drumlanrig,  and 
Lochwood  to  the  warden  of  the  West  March,  till  such  time  as  the  pledges  in 
question  were  entered.  On  15th  Septemher  the  privy  council,  while  con- 
tinuing Johnstone  in  ward,  sent  him  to  the  castle  of  Doune  in  Menteith. 
Orders  were  given  to  garrison  the  house  of  Lochwood  and  other  castles 
surrendered  to  William,  Earl  of  Angus,  who  in  June  1598  had  been  appointed 
lieutenant  of  the  Borders.  This  was  to  be  done  at  the  expense  of  the 
persons  to  whom  the  houses  belonged.3 

Later  in  the  month  the  Johnstones  and  Armstrongs  made  overtures  of 
submission  to  Angus.  The  Johnstones  in  their  offers  expressed  the  desire 
that  upon  the  entry  of  their  pledges  "  the  laird,  our  cheiff,  may  be  brocht 
hame."  But  their  offers  were  not  considered  satisfactory  nor  sufficient.4 
Angus  had  already  written  to  Johnstone,  before  he  was  removed  from 
Dumbarton  Castle,  to  cause  his  friends  to  enter  their  pledges.  Johnstone's 
reply  to  the  earl  showed  that  he  was  equal  to  the  occasion.  He  said,  "  Thay 
wald  do  nathing  for  him,  he  being  in  the  place  he  wes  in."  Having  failed 
with  Sir  James  Johnstone,  the  earl  next  tried  Lady  Sara  Maxwell,  his  wife, 

1  7th  June   1599.     Register  of  the  Privy  Courance   and   half   lands  of    Over  Garvald 

Council,  vol.  vi.  p.  2.     On  23d  March  1598-9,  within  forty-eight  hours  after  his  passing  to 

Mr.   John   Johnstone,  advocate,   received   a  Annandale,    and     that    he    should    not    be 

gift  of  the  office  of  commendator  of  Saulseat  troubled  in  the  lands  thereafter.     [Register 

upon  the  demission  of  Mr.  John  Johnstone,  of  the  Privy  Council,  vol.  vi.  p.  116.] 

the  last  commendator.     [Annandale  Peerage  2  3]gt  July  ,599      Register  of  the  Privy 

Minutes  of  Evidence,  1877,  p.  282.]     A  year  Council;  vol  vi.  p_   17_     Acts  of  the  ParJia_ 

later,  on  14th  June  1600,  Sir  James  John-  ments  of  Scotland)  vol_  iv  p   182 

stone  promised  to  enter  Symon  Johnstone, 

.       .,  c   xi.     i  j.      t  i  ™„„j„* „f  3  Register   of  the   Privy   Council,  vol.   vi 

brother   of   the  late    John,  commendator    oi  °  •' 

Saulseat,   and   John    Johnstone,    student,   in       PP-  31>  32>  839- 

the  possession  of  the  lands  and  fortalice  of  4  Ibid.  pp.  839-S42. 


PROCEEDINGS  OP  THE  EARL  OP  ANGUS,   1599.  CXXXvii 

and  some  of  the  principal  Johnstones.  But  neither  did  he  succeed  with 
them.  They  said  they  would  speak  to  their  friends,  but  would  not  promise. 
He  wrote  again  on  several  occasions  to  Sir  James  Johnstone  to  the  same  effect 
as  before,  and  apparently  with  no  better  result. 

While  Angus  was  considering  his  answer  to  their  offers  of  submission, 
which  have  been  already  alluded  to,  the  Johnstones  took  the  castle  of 
Lochmaben,  and  "  reft  the  poor  tenants'  geir."  Angus  thereupon  made  a  raid 
upon  them  and  burnt  some  of  their  houses.  He  then  asked  the  laird  of 
Lochinvar,  younger,  to  speak  to  the  Johnstones  and  get  them  to  surrender  the 
castle  which  they  had  taken.  But  the  Johnstones  with  great  spirit  declined  to 
give  it  up,  saying  that  they  had  as  good  "  kindness  "  to  that  castle  as  to  any 
house  or  land  in  Annandale,  and  would  render  it  neither  to  king,  queen, 
nor  lieutenant.  Upon  this  Angus  made  another  raid  upon  them,  and  this 
time  "brint  Howgill,  Davie  of  Kirkhillis,  and  sum  uther  of  Wamfra  that 
wes  at  the  taking  of  Lochmabane."  He  now  made  another  application  to 
Lady  Johnstone  by  the  laird  of  Elscheillis,  to  have  pledges  sent  to  him. 
But  no  pledges  were  entered  nor  was  the  castle  of  Lochmaben  surrendered. 
Meanwhile  the  Johnstones  were  guilty  of  many  depredations.  Lady  John- 
stone wrote  to  Angus  that  her  husband's  friends  would  do  nothing  but  what 
the  laird  of  Buccleuch  offered  to  do.  By  another  missive  to  the  earl  she 
guaranteed  the  safety  of  true  men  and  the  poor  tenants  of  Johnstone  only. 
Sir  James  Johnstone  complained  to  the  king  of  "the  skayth  done  to  his 
thevis,"  probably  by  Angus.  The  latter  referring  to  his  complaint,  says  that 
the  king  should  not  heed  such  trifles  since  they  had  the  "  heirschip  "  of  the 
country  and  blood  of  all  men  betwixt  Sanquhar,  Carlaverock,  and  the  water 
of  Urr.  He  added  that  more  harm  had  been  done  to  the  laird  of  Carmichael 
within  the  last  six  days  "  upoun  a  nicht  nor  all  the  skaith  thai  haiff  pre- 
tendit." 1     The  king  now  supplemented  what  his  lieutenant  had  done.     Those 

1  "  Informatioun  of  the  haill  proceedingis  aganis  the  Johnestonis."  Register  of  the 
Privy  Council,  vol.  vi.  pp.  843-846. 

VOL.  I.  S 


CXXXviii     SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

whom  he  had  for  some  time  kept  in  ward  were  directed  to  submit  their  feuds 
to  arbitration, — the  king  to  be  oversman.  Several  bonds  of  assurance  to  Sir 
James  Johnstone,  and  an  attempt  to  compel  Lord  Maxwell  to  subscribe  one 
to  him,  were  the  only  outcome  of  this  direction  so  far  as  known. 

CHAPTER  THIRD. 

Sir  James  restored  to  honour,  June  1600 — Re-appointed  Warden  in  August  same  year — 
Mutual  bonds  of  assurance  passed  in  1600  and  1601 — Lord  Maxwell  meditates  an 
attack  upon  Sir  James— King's  visit  to  Dumfries,  1602 — Letter  of  Slains  to  Johnstone 
— Remission  to  him,  1605 — Story  of  his  slaughter,  1608 — Lord  Maxwell's  trial,  1609 — 
His  execution,  1613 — Inscription  on  Johnstone's  tombstone — Lady  Sara  Maxwell, 
his  wife. 

Sir  James  Johnstone  continued  for  the  space  of  two  years  denounced  as 
perjured  and  infamous  for  the  alleged  violation  of  an  assurance  which  he  had 
granted  to  Sir  James  Douglas  of  Drumlanrig,  noticed  in  the  foregoing  chapter. 
The  vindication  of  himself  which  he  wrote  shows  the  keen  manner  in  which 
he  felt  his  honesty  being  called  in  question  in  such  a  way.  But  beyond 
writing  and  communicating  to  the  proper  authorities  this  vindication,  until 
28th  June  1600  he  does  not  appear  to  have  taken  any  step  to  be  relieved 
from  so  odious  a  sentence.  On  that  date,  however,  he  supplicated  for  an  act 
of  council  to  be  passed  in  his  favour  granting  him  that  relief.  In  his  suppli- 
cation he  defended  himself  from  the  charge  of  breaking  any  assurance  which 
he  gave,  grounding  the  sentence  passed  upon  him  not  upon  that  crime, 
but  upon  the  contempt  and  indignity  which  he  had  done  to  the  king- 
in  presuming  to  give  up  an  assurance  to  his  Majesty,  and  under  pretence 
of  it  revenging  himself  upon  the  king's  subjects.  The  king  and  council 
adopted  this  view  of  the  case,  and  passed  an  act  in  his  favour  declaring  that, 
"  notwithstanding  the  said  decree  pronounced  by  his  Majesty  against  Johnnes- 
toun,  he  has  not,  in  any  point,  broken  the  assurance  to  the  party,  and  has  not 
incurred  the  said  pain  of  perjury  or  defamatioun,  which  was  only  irrogat  to 
him  for  his  offence  done  to  his  Majestie,  and  therefore  restore  him  to  his  fame 


SIR  JAMES  RESTORED  TO  HIS  HONOURS,  1G00.  cxxxix 

and  honour,  ordaining  him  to  be  held  an  honest  and  faithful  man." J  As  the 
sentence  declaring  Sir  James  Johnstone  infamous  had  been  published  at  the 
cross  of  Edinburgh,  so,  four  days  after  the  passing  of  the  act  which  practically 
reduced  that  sentence,  he  was,  with  equal  publicity,  formally  restored  to  his 
honours  at  the  cross  of  Edinburgh  by  the  proclamation  of  a  herald  and  four 
trumpeters.2  Soon  after  this  Johnstone  was  one  of  thirty-nine  persons, 
including  the  three  wardens  of  the  marches,  Maxwells,  Armstrongs,  and 
others,  summoned  to  meet  the  king  and  council  at  Falkland  on  11th 
August,  to  advise  regarding  the  disorders  on  the  Borders.  They  were  to  be 
held  responsible  for  any  crime  committed  during  their  absence.3  There  is 
no  record  of  a  meeting  of  council  on  11th  August.  But  at  a  meeting  held 
two  days  later,  the  subject  of  the  West  March  was  fully  entered  upon  and 
means  devised  for  establishing  better  rule,  as  well  as  encouragements  given 
to  the  warden  and  others  within  the  wardenry,  all  as  set  forth  in  the  act  of 
council  in  which  they  were  embodied.  Two  matters  embraced  in  the 
business  of  this  meeting  specially  affected  Sir  James  Johnstone.  By  one  of 
these,  the  last  provision  in  the  act,  Johnstone  and  other  six  persons  named 
were,  with  a  sufficient  company,  ordained  to  repair  to  and  dwell  in  the  houses 
designed  in  the  act,  the  better  to  resist  and  oppose  the  thieves  in  the  country. 
Lord  Hemes  was  to  reside  in  Hoddam  or  Lockerbie.  Sir  James  Douglas  was  to 
dwell  in  the  Bos  or  the  Nuke.  Sir  James  Johnstone  had  no  place  assigned 
to  him,  but  he  was  to  take  up  his  residence  "  in  some  plaice  quhar  the  Lord 
Herries,  in  cais  he  be  wardane,  sail  appoint." 4  It  will  be  seen  that  Lord 
Herries  did  not  continue  to  be  warden. 

The  other  business  of  the  council  in  which  Sir  James  was  specially  inter- 
ested was  his  appointment  as  warden  of  the  West  March.  Lord  Herries  had 
been  in  possession  of  the  office  for  about  two  months,  and  his  tenure  of  it  was 

1  28th  June  1600.     Register  of  the  Privy  3  28th  July  1600.     Register  of  the  Privy 

Council,  vol.  vi.  pp.  121-123.  Council,  vol.  vi.  pp.  136-138. 

-  Birrell's  Diary  [2d  July  1600].  p.  46.  4  Ibid.  pp.  152-155. 


Cxi  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

made  dependent  upon  the  king's  pleasure.  It  is  apparent  from  the  foregoing 
act  that  there  was  to  the  last  some  probability  of  his  lordship's  continuing 
to  hold  the  office.  The  very  next  entry  in  the  Eegister  of  the  Council  to  the 
act  about  the  Border,  however,  states  that  the  king,  with  advice  of  his  council, 
understanding  the  good  affection,  and  the  long  experience  of  Sir  James  John- 
stone for  administering  the  office  of  wardenry,  constituted  him  warden  and 
justice  of  the  West  March.  His  commission  was  to  endure  till  it  was  specially 
discharged  by  the  king.1  This  was  the  second  time  that  Sir  James  was 
called  to  hold  this  important  office,  and  on  both  occasions  he  succeeded 
William,  Lord  Hemes.  He  now  continued  to  hold  the  office  until  its  abolition 
in  1603,  upon  the  succession  of  King  James  to  the  throne  of  England,  and 
during  this  period  enjoyed  the  confidence  and  favour  of  the  king.  Sir  James 
Johnstone  was  thus  the  last  of  the  wardens  of  the  West  March. 

The  appointment  of  Johnstone  to  be  warden  on  this  occasion  was  by  no 
means  pleasing  to  the  Maxwells,  who  from  this  time,  with  Lord  Maxwell, 
their  chief,  became  more  turbulent  than  ever.  As  there  was  thus  a  danger  of 
the  Johnstone  and  Maxwell  feud  breaking  out  with  renewed  violence,  the 
king  exacted  assurances  from  both  parties.2  An  incident  in  which  Johnstone 
was  involved  through  his  mother  falls  to  be  noticed  here.  The  incident,  which 
illustrates  the  vigorous  character  of  the  lady,  and  shows  the  co-operation  of 
Sir  James  with  his  mother,  relates  to  an  attempt  made  by  Alexander 
Jardine  of  Applegirth  to  reduce  a  commission  of  justiciary  obtained  by  Sir 
James  Johnstone  at  the  instance  of  Dame  Margaret  Scott,  Lady  Johnstone, 
his  mother,  and  the  rnother-inJaw  of  Jardine.  A  complaint  of  Jardine  to 
the  council  which  was  directed  against  Lady  Johnstone  rather  than  against 
Sir  James,  sets  forth  that  her  ladyship,  who  was  conjunct  fiar  of  the  barony 
of  Wandell,  moved  with  "a  gredie  and  un satiable  desyre"  of  the  whole 
rooms  of  the  poor  tenants  in  the  barony,  had  endeavoured  unsuccessfully, 

1  13th  August  1600.     Register  of  the  Privy  Council,  vol,  vi.  p.  155. 

2  Charters  of  this  work,  pp.  70,  71.     Register  of  the  Privy  Council,  vol.  vi.  p.  197. 


STATE  OF  THE  BORDERS  IN  1601.  cxli 

by  fair  means,  policy,  and  craft,  to  get  them  to  renounce  their  tacks  that 
she  might  place  therein  such  tenants  as  he  would  not  be  able  to  remove. 
She  was  so  enraged  and  inflamed  at  their  refusal  that  she  "  resolved,  in- 
directlie  under  the  pretens  of  law,  to  have  thair  lyffis."  She  had  already 
executed  one  of  them  as  a  thief  without  any  trial.  She  had  since  obtained 
the  commission  of  justiciary  for  Sir  James  that  she  might  pursue  them. 
Further,  she  had  only  borrowed  her  son's  name  in  the  matter,  and  she  would 
be  practically  judge  and  party,  and  would  not  fail  to  convict  the  men.  The 
council  refused  to  sustain  the  complaint  of  Jardine,  and  ordained  the  com- 
mission of  Sir  James  Johnstone  to  be  put  to  execution  in  all  points.1 

The  Borders  again  demanded  the  special  attention  of  the  warden  and 
the  government,  and  occasioned  considerable  correspondence  between  England 
and  Scotland.  The  Armstrongs  were  raiding  upon  the  English  borders.  In 
the  papers  relating  to  Scotland  preserved  in  the  Public  Record  Office,  Lon- 
don, the  letters  of  this  period  help  to  show  the  actual  state  of  matters,  the 
anxiety  which  it  occasioned  to  the  authorities,  and  the  attempts  which  were 
made  to  cope  with  the  evil.  On  31st  March  1601,  the  king  wrote  to  John- 
stone and  Buccleuch  to  repress  the  attempts  of  the  broken  men  of  their 
bounds  upon  England,  and  blaming  them  for  incursions  into  that  kingdom 
which  had  lately  taken  place.  Three  days  later  George  Mcolson,  the 
English  agent,  wrote  him  about  "the  horrible  outrages  on  the  Borders," 
and  as  to  the  best  means  of  preventing  them,  and  also  of  his  communica- 
tion with  the  king  on  the  subject.  The  king  at  the  same  time  authorised 
Sir  Kobert  Cary  and  Lord  Scrope,  as  shown  in  a  letter  from  George 
Nicolson  to  them,  to  pursue  the  rebels  in  England  or  Scotland,  wherever 
they  should  have  opportunity.  George  Nicolson  had  also  written  a  letter 
complaining  that  Sir  James  Johnstone  had  not  met  with  the  English 
officers  for  redress  of  Border  matters.  Sir  James  in  reply  to  that  letter 
attributed  all  the  blame  to  Lord  Scrope.  In  a  subsequent  letter  to  Sir 
1   16th  March  1601.     Register  of  the  Privy  Council,  vol.  vi.  p.  227. 


Cxlii  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

Thomas  Erskine  and  Sir  George  Home,  Nicolson  wrote  that  he  understood 
that  Francis  Armstrong  and  others,  the  late  spoilers,  had  been  taken  by 
Johnstone,  and  recommended  them  to  be  delivered  up  to  the  queen's  officers. 
On  the  2 2d  of  April,  Nicolson  again  wrote  to  Sir  Eobert  Cecill,  the  English 
minister,  that  the  Borders  were  quiet  through  Johnstone's  diligence.  King 
James  had  one  or  more  interviews  with  Johnstone,  probably  towards  the  end 
of  April,  when  secret  speeches  passed  between  them  upon  Border  disorders, 
and  the  delay  in  staying  the  incursions  upon  the  English,  through  the 
absence  of  Lord  Scrope  from  his  wardenry. 

Johnstone  succeeded  in  putting  a  stop  to  the  incursions  upon  the  English, 
but  the  raiding  of  the  English  upon  the  Scotch  was  not  ended  so  quickly. 
In  the  month  of  August,  George  Nicolson  did  not  see  how  the  peace  could 
be  preserved.  A  spoil  committed  upon  his  honest  subjects  drew  forth  a 
complaint  from  the  king,  and  Lord  Scrope,  keeper  of  the  English  march,  pre- 
vious to  17th  August,  forwarded  a  "defence  for  the  late  matter  alleged  against 
him  of  taking  certain  persons  into  custody,"  which  the  king  sent  for  con- 
firmation to  Sir  James  Johnstone.1 

Other  Border  troubles  soon  arose.  In  violation  of  an  arrangement  not  to 
resort  to  Nithsdale,  Annandale,  or  Galloway,  without  licence,  Maxwell, 
according  to  the  council,  in  prosecution  of  some  desperate  purpose  against 
Johnstone,  and  to  "  disturb  and  schaik  lowse"  the  whole  country,  first  went 
home  to  Nithsdale,  and  afterwards  on  10th  May  to  the  outskirts  of  Dumfries. 
Although  for  some  reason  his  lordship  did  not  then  succeed  in  his  purpose, 
he  did  not  abandon  it.2  The  council,  as  a  precaution,  exacted  assurances 
from  twenty-two  Maxwells  and  Sir  James  Johnstone,  aud  summoned  Maxwell, 
Hemes,  and  about  a  score  others,  to  appear  before  them  at  Holyrood  the 
following  month  to  submit  to  such  order  as  should  be  taken  with  them. 

The  Armstrongs  followed  suit  upon  the  Maxwells  in  creating   Border 

1  Thorpe's  Calendar,  vol.  ii.  p.  795-797,  802. 

a  Eegister  of  the  Privy  Council,  vol.  vi.  p.  240,  317. 


VISIT  OF  KING  JAMES  TO  DUMFRIES,   1602.  cxliii 

dispeace.  It  was  probably  in  revenge  for  the  apprehension  of  Francie 
Armstrong  that  this  unruly  clan  made  a  "spoil"  on  the  tenants  of  John- 
stone. This  was  in  November  1601,  and  in  May  following  there  is  chronicled 
in  correspondence  of  the  time  "a  rode  upon  the  laird  of  Johnstones  lands 
by  the  Armstrongs."1  It  was  a  gang  of  the  Armstrongs  who  murdered 
Sir  John  Carmichael,  a  former  warden,  on  16th  June  1600.  The  Grahams 
had  reset  the  murderers.  Sir  James  Johnstone  apprehended  the  re- 
setters. But  they  were  rescued  from  him  within  the  English  bounds,  for 
which  the  king  complained  to  Queen  Elizabeth.2 

These  Border  raids  induced  the  king  again  to  visit  Dumfries.  While 
there,  from  28th  February  to  8th  March  1602,  he  bound  Lord  Hemes  and 
other  Maxwells  not  to  assist  Lord  Maxwell;  and  called  for  complaints 
against  the  Johnstones,  Armstrongs,  and  others.  Lord  Maxwell  meanwhile 
engaged  in  hostilities  against  the  Johnstones ;  and  with  twenty  armed  men 
he  marched  against  William  Johnstone,  brother  of  William  Johnstone  of 
Elscheschellis,  and  John  Johnstone,  brother  of  James  Johnstone  of  Hislie- 
bray.  Proceeding  to  Dalfibble,  in  the  parish  of  Kirkmichael,  he  drove 
William  Johnstone  within  his  house,  set  fire  to  it,  and  cruelly  put  him 
to  death  when  the  fire  compelled  him  to  come  out.  He  then  went  to  the 
house  of  Cuthbert  Bratten  in  the  same  place,  and  with  equal  cruelty  set  it 
on  fire,  and  burned  James  Johnstone  called  of  Briggs,  who  was  within  it.3 
For  these  crimes  Lord  Maxwell,  when  called  before  the  council  on  3d  March, 
was  only  warded  in  Kenfrew,  in  the  house  of  Lord  John  Hamilton,  his 
father-in-law,  and  prohibited  to  repair  to  Mthsdale,  Galloway,  or  Annandale 
without  the  king's  licence.4 

The  king  resolved  to  return  to  Dumfries  in  October,  and  he  appointed 

1  Letter,  George  Nieolson  to   Sir   Robert       pp.  355-35S  ;  The  Book  of  Carlaverock,  vol.  i. 
Cecill.     Thorpe's  Calendar,   vol.  ii.  pp.  806,       p.  305. 

812. 

2  Letter,  December  4,  1601.     Ibid.  p.  805.  4  Dumfries,  3d  March  1602.     Register  of 

3  Register  of  the  Privy  Council,   vol.   vi.       the  Privy  Council,  vol.  vi.  p.  356. 


cxliv       SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

the  three  wardens  of  the  Marches  to  attend  the  council  on  8th  September 
to  give  an  account  of  their  proceedings.  He  concluded  his  visit  to  Dumfries 
by  committing  to  Johnstone  the  keeping  of  the  place  of  Torthorwald,  on 
bond  to  deliver  it  when  required,  and  not  to  reset  James  Douglas  of 
Torthorwald.1  Soon  afterwards  the  king  wrote  from  Edinburgh  to  John- 
stone and  the  goodman  of  Hayning,  blaming  them  for  disorders  within  their 
jurisdiction,  and  informing  them  of  orders  to  the  wardens  opposite  about 
which  he  desired  their  co-operation.2  The  co-operation  referred  to  was 
probably  the  keeping  of  a  day  of  truce  between  him  and  the  wardens  on  the 
opposite  side  of  his  march.  In  such  truces  the  wardens  on  the  different  sides 
of  the  marches  met,  discussed  and  rectified  their  mutual  grievances,  granted 
compensation  for  losses,  and  generally  gave  satisfaction  for  injuries  inflicted 
through  raids  and  otherwise.  Johnstone  held  a  day  of  truce  on  7th  May, 
Several  Border  lairds  who  refused  to  attend  afterwards  appeared  before  the 
privy  council,  and  pleaded  sickness  and  other  reasons  for  their  non-attendance.3 
Stewart  of  Garlies  and  others  who  failed  to  appear  were  denounced  rebels.4 

The  king,  in  October  1602,  returned  to  Dumfries,  where  the  council  sat  as 
a  court  of  justice  from  11th  to  19th  October,  and  received  many  complaints 
for  adjudication.  It  is  noticeable  that  none  of  these  complaints  were  from 
or  against  any  one  of  the  surname  of  Johnstone.  The  other  business  over- 
taken by  the  council  at  Dumfries  included  a  general  bond  against  thieves, 
murderers,  and  oppressors,  which  was  subscribed  by  the  king,  council,  and 

1  Register  of  the  Privy  Council,  vol.  vi.  *  17th  June  1602.  Register  of  the  Privy 
p.  358.  Sir  James  subscribed  the  bond  at  Council,  vol.  vi.  p.  395.  A  few  months  later 
Lochwood  on  the  8th  March  before  "  Hali-  an  act  of  council  was  passed,  requiring  the 
ruidhous "  and  "  Carmichell."  lieges  of  the  West  March  to  keep  days  of 

2  31st  March  1602.  Thorpe's  Calendar,  "  trew,"  under  certain  specified  penalties, 
vol.  ii.  p.  810.  which  were  assigned  to  the  warden  to  defray 

3  In  the  early  part  of  the  reign  of  King  the  expenses  of  his  office.     [Ibid.   pp.   S29, 
James  the  Fifth,  "  from  the  ferocious  habits  830.]     Vide   letters  of   gift   by  the  king  to 
of  the  Borderers,  nothing  could  be  more  dim-  Sir  James   Johnstone,   dated   26th   October 
cult  than   to   enforce   the   observance  of  a  1602,  Charters  of  this  work,  pp.  72,  73. 
truce."    Tytler,  vol.  iv.  p.  141. 


PLANTATION  OF  PARISH  CHURCHES,  1602.  cxlv 

Border  landlords.  The  king  signed  this  deed  in  token  of  his  approbation 
and  allowance  of  the  premises.  In  the  bond  the  signature  "Johnstoun" 
follows  immediately  after  the  signatures  of  the  privy  council,  and  takes 
precedence  of  all  the  other  signatures.  The  business  of  the  council  also  in- 
cluded matters  which  closely  affected  Sir  James  in  his  capacity  as  warden. 
Lord  Hemes,  Thomas  Kirkpatrick  of  Closeburn,  Johnstone  of  Newbie,  and 
others,  were  appointed  assessors  to  him,  by  whose  advice  he  was  to  direct 
the  whole  affairs  of  his  office  of  any  importance.1  Sir  James  obliged  him- 
self to  redress  certain  grievances,  and  generally  to  secure  the  good  rule  of 
the  country,  so  long  as  he  continued  in  office.2 

In  addition  to  the  redress  of  grievances,  the  subscribing  of  a  general  bond, 
the  appointment  of  assessors  to  the  warden,  the  laying  of  stringent  obligations 
upon  the  warden,  and  other  expedients  adopted  to  procure  the  peace  and  good 
rule  of  the  West  March,  the  king,  on  the  eve  of  departing  from  Dumfries, 
sought  further  to  procure  these  ends  by  promoting  the  spiritual  well-being  of 
the  people.  This  he  did  by  a  commission  which  he  granted  to  Sir  James 
Johnstone  for  the  plantation  of  certain  parish  churches  in  Annandale.  By 
the  terms  of  this  commission  the  parish  churches  of  Lochmaben,  Dryfesdale, 
and  other  places  were  to  be  rebuilt  by  the  parishioners  before  1st  October 
1603.  This  commission  was  granted  upon  the  recommendation  of  the  privy 
council,  who  considered  Sir  James  to  be  the  special  man  of  power  and 
authority  in  the  bounds  to  move  the  parishioners  to  that  effect.3 

Orders  were  given  by  the  council  in  December  1602  for  the  renewal  of 
certain  assurances  between  the  Johnstones  and  Maxwells.  Lord  Maxwell, 
who  was  warded  in  Edinburgh  Castle,  refused  to  assure  Sir  James  Johnstone, 
and  was  continued  in  ward  and  placed  under  certain  restrictions,  but  he 
escaped  from  his  confinement  there  by  stratagem,  and  was  intercommuned. 

1  Register   of  the   Privy   Council,  vol.  vi.        House,  29th  November  1602,  in  Annandale 
pp.  468-474,  825-829.  Charter-chest. 

3  Dumfries,  19th  October  1602.     Charters 

2  Extract  Act  of  Privy  Council,  Holyrood       of  this  vrork,  pp.  71,  72. 

VOL.  I.  T 


cxlvi        SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

In  connection  with  the  baptism  of  Sir  James  Johnstone's  son,  which 
occurred  this  year,  a  robbery  took  place  of  a  kind  said  to  be  then  unprece- 
dented. The  circumstances  were  these : — The  laird  of  Graitney  having 
obtained  licence  from  Mr.  Phenick,  keeper  of  Tynedale,  to  hunt  in  Tynedale, 
sent  his  three  sons,  with  eight  or  nine  servants,  to  hunt  for  venison  for  the 
banquet  which  was  made  by  his  chief,  Sir  James  Johnstone,  at  the  baptism 
of  his  son.  When  Graitney  and  his  friends  were  enjoying  the  sport  in  Tyne- 
dale, Thomas  Turnbull,  younger  of  Mynto,  Hector  Turnbull  of  Barnhill,  and 
Mark  Turnbull  of  Bewlie,  then  passing  into  England  for  plunder,  stole 
from  the  Graitney  party  five  horses,  with  their  carriage  of  bedding  and 
victual,  worth  £240.  The  council,  before  whom  the  matter  was  brought, 
decided  against  the  aggressors  for  three  horses  at  £40  each.1 

There  is  nothing  further  calling  for  notice  in  the  life  of  Sir  James  John- 
stone until  January  1605,  when  he  was  amerced  in  1000  merks  as  cautioner 
for  John  Armstrong  of  Langholm.  So  far  back  as  the  year  1581,  Armstrong 
had  seized  the  castle  or  tower  of  Langholm,  raised  fire,  burnt  the  plenishing 
of  the  tower,  and  committed  other  depredations.  The  furniture  in  the  castle 
belonged  to  Herbert  Maxwell  of  Cavens,  who  having  sued  for  redress,  Arm- 
strong was  denounced  rebel  and  put  to  the  horn,  and  Johnstone  as  his 
cautioner  was  fined  as  above.  The  fining  of  Sir  James  as  cautioner  for  Arm- 
strong at  the  instance  of  Maxwell  of  Cavens,  after  such  a  lapse  of  time,  was 
calculated  to  add  fuel  to  the  feud  between  him  and  the  Maxwells.2  In  1605 
also,  the  keeping  of  Lochmaben  castle,  which  had  been  held  by  Johnstone, 
was  given  to  Sir  William  Cranstoun,  apparent  of  that  ilk,  deputy  lieutenant 
of  the  Borders.3  Sir  James,  who  in  March  appears  to  have  been  warded 
in  his  house  in  Edinburgh  for  a  short  time,  was  in  the  same  month  set  at 
liberty.4 

1  Jedburgh,  31st  October  1602.      Register  3  31st    January     1605.     Register    of    the 
of  the  Privy  Council,  vol.  vi.  p.  476.  Privy  Council,  vol.  vii.  p.  20. 

2  11th  January  1605.     Pitcairn's  Criminal  4  March   1605.        Charters  of  this  work, 
Trials,  vol.  ii.  p.  451.  p.  76. 


RECONCILIATION  OF  JOHNSTONE  AND  MAXWELL.  cxlvii 

The  remaining  events  in  the  years  1605  and  1606  relating  to  Johnstone 
chiefly  refer  to  the  interminable  feud  between  him  and  the  Maxwells.  In 
a  series  of  questions  proposed  by  the  commissioners  of  the  Borders  to  the 
privy  council  to  obtain  directions  for  their  guidance,  with  the  answer  of  the 
council  under  each  question,  it  is  stated  that  the  feud  between  Maxwell  and 
Johnstone'  was  no  small  hindrance  to  the  service.  The  Johnstones  could  not 
repair  to  Dumfries  without  peril,  in  consequence  of  the  general  feeling  there 
against  them ;  also  the  chief  refused  to  be  responsible  for  some  of  the  most 
broken  men  of  Johnstone.  The  council  in  their  answers  appointed  that 
the  Johnstones  should  appear  before  the  commissioners  with  their  causes  at 
Peebles,  and  held  Sir  James  answerable  for  all  the  Johnstones  that  "  dippit 
with  him  in  the  feud."  On  the  representation  of  the  commissioners  that  the 
whole  personal  property  of  parties  would  hardly  suffice  to  make  restitution 
for  all  the  spoils  of  Maxwells  and  Johnstones,  the  council  replied,  "Do 
justice  herein  according  to  law." 1 

It  was  now  sought  by  a  renewed  treaty  of  peace  to  have  the  quarrel 
with  the  Maxwells  healed.  This  attempt  proceeded  upon  a  recommenda- 
tion of  the  estates  regarding  the  removing  of  barbarous  feuds.  Lord 
Maxwell,  having  been  charged  by  the  council  to  submit  the  feud  between  him 
and  Sir  James  Johnstone,  declared  that  he  was  content,  without  submission 
or  other  ceremony,  to  take  Johnstone  by  the  hand  and  be  reconciled  to  him.2 
It  was  accordingly  moved  that  they  be  reconciled  in  the  presence  of  the 
council.  Lord  Maxwell  at  once  took  Sir  James  by  the  hand  and  remitted 
any  rancour  he  had  against  him  or  his  friends  for  the  slaughter  of  the 
late  John,  Lord  Maxwell,  his  father.  This  auspicious  event  took  place  in 
a  full  council  on  the  11th  of  June  1605.  His  lordship  followed  this  up 
by  subscribing  a  letter  of  Slains  to  Sir  James  and  his  friends  for  the 
same.3     The  letter  of  Slains,  which  is  in  similar  terms  to  his  declaration,  and 

1  21st  May  1605.     Register  of  the  Privy  Council,  vol.  vii.  pp.  709,  710. 

2  April  1605.     Ibid.  p.  38.  3  Ibid.  p.  58. 


Cxlviii        SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

is  granted  at  the  special  command  of  the  king,  and  in  performance  of  his 
promise  to  the  lords  of  council,  accepts  Sir  James  and  his  kin  in  hearty  love 
and  favour.  It  was  subscribed  in  presence  of  John,  Earl  of  Montrose,  lord 
commissioner,  Alexander,  Earl  of  Dunfermline,  and  other  members  of  the 
privy  council,  and  was  afterwards  inserted  in  their  books.1 

On  the  day  the  letter  of  Slains  was  presented  to  the  council,  and  inserted 
in  their  Eegister,  Johnstone  entered  in  ward  Cristie  Armstrong  of  Barnegleis, 
who  was  charged  by  Lord  Maxwell  with  assaulting  his  ploughmen.  But 
Armstrong  averred  on  oath  that  "  with  a  birk  wand "  in  his  hand  he  only 
chased  some  of  his  lordship's  servants  off  his  ground  of  Darduling,  which 
they  were  tilling.  This  the  lords  found  was  no  breach  of  the  assurance 
given  by  Johnstone  to  Maxwell.3  A  decree  was  made  in  terms  of  this  finding, 
and  the  letter  of  Slains,  which  had  been  retained  by  the  council  until  Sir 
James  should  clear  himself  in  this  matter,  was  now  formally  delivered  to 
him,  to  be  used  by  him  as  his  own  proper  writ  in  time  coming.3 

The  new  treaty  of  peace  guarded  with  such  formalities  only  proved  another 
hollow  truce.  Within  the  brief  period  of  a  month  from  the  date  of  the  re- 
conciliation Sir  James  Johnstone  complained  to  the  council  that  Lord  Herries 
and  Alexander  Stewart  of  Garlies  had  given  up  friendship  with  him.  When 
questioned  on  the  subject  by  the  council,  his  lordship  and  Stewart,  while 
denying  that  they  designed  any  violent  deed  against  Johnstone,  owned  that 
they  would  not  be  under  any  familiarity  with  him.  The  council  bound 
them  to  keep  the  peace  under  pain  of  £5000. 4  Sir  James,  however,  was  still 
so  apprehensive  of  revenge  on  the  part  of  Lord  Maxwell  that  he  deemed  it 
necessary  to  adopt  additional  means  the  better  to  secure  his  own  and  his 
kinsmen's  safety.      It  was  impossible  to    obtain   from  Lord  Maxwell  any 

1  Register  of  the  Privy  Council,  vol.  vii.  3  Charters  of  this  work,  pp.  77,  78. 

p.  64;  Charters  of  this  work,  pp.  76,  77.  4  9th  July  1605.     Register  of  the  Privy 

Council,  vol.  vii.  p.  78.     Sir  John  Charteris 

2  Register  of  the  Privy  Council,  vol.  vii.       of  Amisfield  became  cautioner  for   Herries 
p.  65.  [Charters  of  this  work,  p.  80]. 


REMISSION  TO  SIR  JAMES  JOHNSTONE,  1605.  cxlix 

stronger  pledge  than  that  then  in  force.  The  only  other  quarter  Sir  James 
could  look  to  was  the  government.  He  therefore  made  application  for  a 
remission  of  all  past  crimes  committed  by  him  and  his  clan  against  the 
Maxwells.  A  remission  under  the  great  seal  was  granted  by  the  king  to 
Sir  James  Johnstone  and  fifty-nine  other  persons,  nearly  all  of  the  surname 
of  Johnstone,  for  art  and  part  in  burning  the  church  of  Lochmaben,  the 
slaughter  of  John,  Lord  Maxwell ;  and,  in  the  case  of  Sir  James,  for  breaking 
ward  from  the  castle  of  Edinburgh.  The  remission,  which  extended  to  the 
lifetime  of  the  parties,  is  dated  at  Whitehall,  28th  September  1605.1 

This  remission  was  in  the  ensuing  April  followed  by  a  royal  warrant 
which  in  effect  was  another  remission  in  favour  of  Johnstone,  and  shows, 
with  the  former  one,  how  willing  the  king  was  to  serve  him.  The  war- 
rant, which  is  superscribed  by  the  king,  discharged  his  justices  to  give 
process  in  any  criminal  pursuits  against  Sir  James  Johnstone  and  his 
friends  and  servants  for  whom  he  was  answerable,  for  crimes  alleged  to  have 
been  committed  by  them  before  the  month  of  April  1603  when  the  king 
repaired  to  England.2  Sir  James  produced  this  warrant  in  the  High  Court 
of  Justiciary  on  21st  January  1607,  when  the  justice  depute  continued  the 
admitting  of  it  to  the  4th  of  February.3 

On  the  day  after  Sir  James  Johnstone  presented  the  king's  warrant  in  his 
favour  to  the  High  Court  of  Justiciary,  he  and  James  Johnstone  of  Westraw 
were  warded  upon  forty-eight  hours'  notice  in  St.  Andrews.  The  council 
who  pronounced  the  order  do  not  appear  to  have  known  why  he  was  warded. 
At  any  rate  they  place  the  responsibility  of  their  act  upon  the  king  by  stating 
that  their  order  proceeded  upon  instructions  from  him  for  causes  known 
to  him.     It  does  not  transpire  what  these  causes  were.    Nor  does  it  appear 

1  Charters  of  this  work,  pp.  79,  80.  3  On  4th  February   1C07  Johnstone  was 

fined  sixteen  hundred  merks  for  the  nonentry 

2  Pitcairn's  Criminal  Trials,  vol.  ii.  p.  521.  of  certain  persons  for  whom  he  had  become 
Warrant  subscribed  at  Whitehall,  6th  April  pledge  and  security.  [Pitcairn's  Criminal 
1606.  Trials,  vol.  ii.  pp.  521,  522.] 


cl  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

why  Sir  James  delayed  production  of  the  warrant  of  the  previous  April, 
referred  to,  until  the  21st  January  1607,  at  this  particular  juncture. 

The  tragic  story  of  the  death  of  Sir  James  Johnstone  by  the  hand  of  a 
treacherous  assassin  which  has  now  to  be  recorded  commences  on  4th  October 
1607.  On  that  date  Lord  Maxwell  escaped  from  Edinburgh  Castle,1  where 
he  had  been  warded  since  the  11th  of  August  for  violence  and  contempt  of 
state  authority.  His  escape  greatly  incensed  the  king,  who  immediately 
adopted  the  most  drastic  measures  to  secure  his  punishment.  Lord  Maxwell 
being  in  constant  fear  of  apprehension  was  compelled  to  live  either  in 
concealment  or  surrounded  by  an  armed  guard.  His  lordship  found  this 
kind  of  life  anything  but  desirable.  It  has  been  seen  in  the  preceding 
pages  that  Sir  James  Johnstone,  distrusting  Lord  Maxwell  in  his  repeated 
assurances  and  professions  of  reconciliation,  felt  that  he  meditated  some  dark 
design  against  him,  and  only  waited  a  fitting  opportunity  for  putting  it  in 
execution.  The  apprehensions  of  Johnstone  were  only  too  well  grounded. 
Thoroughly  alive  to  his  danger,  he  adopted  whatever  means  prudence 
dictated  for  his  safety.  On  the  present  occasion  Lord  Maxwell's  adverse 
circumstances  seemed  to  present  a  favourable  opportunity  for  effecting  a 
sincere  and  lasting  reconciliation  between  them,  when  his  lordship  might 
reasonably  be  expected  to  be  more  disposed  to  listen  to  overtures  of  peace 
than  at  another  time. 

Probably  influenced  by  these  considerations,  Sir  James  sought  the  media- 
tion of  Sir  Eobert  Maxwell  of  Spotts,  his  brother-in-law  and  Lord  Maxwell's 
cousin.  He  took  advantage  of  Sir  Eobert  being  sent  on  some  errand  by 
Lord  Maxwell  to  Lochwood  House  to  request  his  good  offices  in  effecting  an 
understanding  between  them.  Sir  Eobert  pleaded  first  that  he  was  sickly, 
then  that  he  was  disliked  by  Lord  Maxwell  because  he  had  married  John- 
stone's sister,  and  further,  that  he  was  disinclined  to  meddle  in  their  quarrel, 

1  The  circumstances  of  Lord  Maxwell's  escape  are  stated  in  the  Book  of  Carlaverock,  vol.  i. 
pp.  306-308. 


PREPARATIONS  FOR  MEETING  WITH  LORD  MAXWELL.  cli 

as  it  was  dangerous  to  have  anything  to  do  with  Maxwell.  However,  he 
was  soon  after  able  to  meet  the  wish  of  Sir  James.  Lord  Maxwell  sent  for 
him,  and  at  their  meeting  said  to  him,  "  Cosine,  it  wes  for  this  cause  I  send 
for  yow.  Ye  see  my  estait  and  danger  I  stand  in ;  and  I  wald  crave  your 
counsell  and  avise,  as  ane  man  that  tenderis  my  weill."  Sir  Eobert  replied 
he  could  hardly  give  an  answer,  as  the  matter  was  so  far  past.  His  opinion, 
however,  was  that  Lord  Maxwell  should  keep  himself  quiet  and  not  further 
offend  his  Majesty.  After  this  the  conversation  turned  to  the  subject  of 
Sir  James  Johnstone,  and  whether  he  had  been  plotting  against  Lord  Max- 
well. The  result  of  what  passed  was  that  Sir  Eobert  wrote  to  Sir  James, 
and  received  from  him  a  reply,  which  Lord  Maxwell  considered  satisfactory 
as  a  basis  for  a  private  meeting  of  Johnstone  and  himself  taking  place  for 
the  purpose  of  bringing  about  friendship  between  them.  Sir  Eobert  exacted 
from  Lord  Maxwell  an  oath  with  his  lordship's  hand  "  strekit "  in  his  hands 
that  neither  he  himself,  nor  his  attendant,  should  do  any  wrong  at  the 
meeting,  whether  they  came  to  an  accommodation  or  not.  The  meeting 
was  arranged  to  take  place  in  the  afternoon  of  6th  April,  beyond  the  house 
of  Beal.  Each  of  the  principals  was  to  have  one  attendant.  No  other  person 
except  Sir  Eobert,  who  was  to  mediate  between  them,  was  to  be  present. 
Lord  Maxwell  chose  Eobert  Maxwell  of  the  Tour  as  his  attendant. 

On  6th  April  Sir  James  Johnstone  set  out  for  the  place  of  meeting, 
leaving  his  best  horse  behind  him.  William  Johnstone  of  Lockerbie  had 
come  to  Lochwood  about  one  o'clock,  when  Sir  James  took  him  out  into  the 
close  and  saying  to  him,  "  Ye  ar  velcurn,  for  I  haif  ane  gritar  turne  ado  with 
you  nor  evir  I  had  befoir  this  day,"  told  him  he  was  to  meet  with  Lord 
Maxwell,  that  he  must  ride  forward  to  Lytill  Lochwood  till  Sir  Eobert 
Maxwell  and  himself  should  overtake  him,  and  let  no  one  know  where 
he  was  riding.  About  a  mile  from  Lochwood  they  overtook  him,  and  they 
all  rode  together  to  Cowart  Cross,  within  a  mile  of  the  place  where  Lord 
Maxwell  and  Charles  Maxwell  were  "  huiffaud "  [growing  restive]  on  horse- 


Clii  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

back  together.  Sir  Eobert  Maxwell  now  desired  Sir  James  and  his  friend 
to  stop  where  they  were  until  he  returned,  or  gave  them  a  sign  to  come 
forward  by  holding  up  his  napkin  upon  the  point  of  his  riding  switch. 
Riding  forward  to  Lord  Maxwell  he  told  him  that  Sir  James  was  coming 
accompanied  by  William  Johnstone  of  Lockerbie.  Sir  Robert  regretted 
that  Lord  Maxwell's  attendant  was  Charles  Maxwell,  from  whose  character 
he  was  apprehensive  that  treachery  or  mischief  might  arise.  He,  how- 
ever, did  not .  express  his  apprehensions,  but  again  solicited  Lord  Maxwell 
to  renew  his  oath  of  strict  fidelity.  His  lordship  having  complied,  Sir 
Robert  left,  and  when  about  midway  between  the  two  parties,  he  gave  the 
preconcerted  signal  by  holding  up  his  napkin  on  the  point  of  his  switch. 
Sir  James  and  his  attendant  thereupon  rode  forward  to  Sir  Robert,  who  told 
Sir  James  that  Lord  Maxwell,  accompanied  by  Charles  "Maxwell  alone,  was 
at  the  place  appointed  waiting  for  them.  Sir  James  declared  that  he  was 
satisfied  with  Charles  Maxwell  in  preference  to  any  other  person,  because  he 
was  John  Murray  of  Cockpool's  sister's  son.  Sir  Robert  took  Sir  James's 
oath  of  fidelity,  for  himself  and  his  man,  as  he  had  done  in  the  case  of 
Lord  Maxwell,  by  his  hand  laid  in  his,  whether  an  agreement  were  come 
to  or  not. 

Johnstone  and  Maxwell  having  joined  company,  the  attendants  of  both 
parties  were  commanded  by  their  respective  chieftains  to  ride  off  from 
them  and  also  from  each  other.  Lord  Maxwell  and  Sir  James,  after 
mutual  salutations,  rode  together,  Sir  Robert  being  in  the  middle,  suit- 
ably to  his  character  as  mediator  between  them.  Their  backs  were  turned 
to  the  two  attendants,  but  Sir  Robert  upon  looking  behind  saw  Charles 
Maxwell  hurrying  towards  William  Johnstone.  Immediately  an  alterca- 
tion arose.  "  Gif  I  had  knawn  of  this  tryist,"  said  the  former  to  the 
latter,  "  the  Lord  Maxwell  nather  culd  nor  suld  haif  brocht  me  heir."  "  I 
hoip  in  God,  Charlis,"  returned  the  other  in  a  conciliatory  tone,  "ye  sail 
nocht  rew  of  your  dimming  heir !     For  thir  twa  noblemen  hes  bene  lang  in 


SLAUGHTER  OF  SIR  JAMES  JOHNSTONE,  1608.  cliii 

variance,  and  I  hoip  now  thai  sail  aggrie ! "  "  The  lard  of  Johnstoune," 
retorted  Charles  Maxwell  in  evident  irritation,  "  is  nocht  able  to  mak  ane 
amendis  for  the  great  skayth  and  injurie  he  has  done  to  tham."  The  other 
answered  coolly,  "  The  lard  will  do  to  his  power  to  satisfie  the  lord  and  his 
friends."  Charles  Maxwell,  who  was  evidently  determined  to  fasten  a  quarrel 
on  his  fellow-attendant,  became  so  irritated  in  temper,  that  after  several  angry 
expressions  he  fired  his  pistol  at  William  Johnstone  and  shot  him  through 
the  cloak.  In  return  William  Johnstone  attempted  to  fire  off  his  pistol) 
but  it  would  not  go  off;  whereupon  he  cried  out,  "Treason." 

Sir  Kobert,  afraid  of  the  consequences  of  this  sudden  attack,  endeavoured 
to  seize  the  bridle  of  Lord  Maxwell's  horse,  but  missing  it,  caught  hold  of  his 
lordship's  cloak,  which  he  held  with  the  design  of  restraining  him  from  any 
act  of  violence,  and  •deprecatingly  called  out,  "  Fy !  my  lord,  mak  not  your 
self  a  tratour  and  me  baith."  "  I  am  wytless,"  responded  Lord  Maxwell.  In 
the  meantime  Sir  James  Johnstone  had  ridden  away,  and  was  making  for 
the  relief  of  his  attendant,  when  Lord  Maxwell,  bursting  from  the  grasp  of 
Sir  Eobert,  hurried  after  Sir  James  and  fired  his  pistol  at  him  with  fatal 
effect.  Sir  James  was  mortally  wounded.  He  kept  his  seat  on  the  palfrey 
for  a  short  time,  but  the  animal  growing  restive  the  girths  broke,  and  Sir 
James  fell  to  the  ground.  He  again  staggered  to  his  feet,  and  while 
William  Johnstone  of  Lockerbie,  who  had  come  to  his  help,  was  standing 
beside  him,  Charles  Maxwell  again  fired  at  them  together.  William  en- 
deavoured to  put  his  wounded  chief  on  horseback,  but  failing  to  do  so  set  him 
on  the  ground,  and  holding  him  up  inquired  what  he  had  to  say.  Looking 
up  to  heaven,  Sir  James  said,  "  Lord  have  mercy  on  me  !  Christ  have  mercy 
on  me  !  I  am  deceived,"  and  soon  after  expired.  "Come  away!"  cried  Lord 
Maxwell  to  Charles.  "  My  lord,"  answered  Charles  remorselessly,  "will  ye  ride 
away  and  leave  this  bloody  thief  behind  you?"  "  What  rak  of  him,"  said  Lord 
Maxwell,  as  if  his  thirst  for  blood  had  been  slaked  by  the  death  of  the  slayer 
of  his  father,  "  for  the  other  has  enough."     Then  they  rode  away  together. 

vol.  I.  u 


cliv  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

Both  in  the  letters  of  horning  raised  against  Lord  Maxwell  and  in 
his  indictment  the  bnllets  with  which  he  shot  Johnstone  are  stated  to  have 
been  poisoned.  The  former  says  Lord  Maxwell  "schott  him  in  at  his 
richt  schoulder  with  baith  the  saidis  twa  poysonit  bullettis,  quhairof  the 
ane  remanit  in  his  body,  and  the  other  was  cuttit  out  at  his  right  pape." 
Besides  the  bullets  alleged  by  the  crown  authorities  to  have  been  poisoned, 
the  evidence  also  points  out  that  Lord  Maxwell  and  his  confederate  had 
their  pistols  cocked  and  ready  for  use  hidden  under  their  cloaks.1  Such  was 
the  tragic  end  of  Sir  James  Johnstone  of  Dunskellie,  knight. 

Spottiswoode,  who  epitomised  the  character  of  John,  eighth  Lord  Maxwell, 
and  stated  the  feeling  which  was  entertained  by  many  regarding  his  death  at 
Dryfesands,  thus  both  chronicles  the  character  of  Sir  James  Johnstone,  his 
rival,  and  the  public  reprobation  of  the  crime  which  deprived  him  of  his  life, 
and  drops  an  expression  of  pity  over  his  untimely  end.  He  says,  "  The  fact 
was  detested  by  all  honest  men,  and  the  gentleman's  misfortune  sore  lamented; 
for  he  was  a  man  full  of  wisdom  and  courage,  and  every  way  well  inclined, 
and  to  have  been  by  his  too  much  confidence  in  this  sort  treacherously  cut 
off,  was  a  thing  most  pitiful." 2 

The  treacherous  murder  of  Sir  James  Johnstone  as  stated  in  Spottiswoode, 
created  a  great  sensation,  and  swift  and  rigorous  retribution  was  demanded 
upon  the  murderer.  Proclamation  was  at  once  made  against  him,  and  as 
it  was  rumoured  that  he  purposed  to  retire  out  of  the  kingdom,  precautions 
were  taken  to  prevent  his  escape  by  sea.     Another  proclamation  was  made 

1  Depositions   of   Sir   Robert  Maxwell  of  of  Kirkbean  and  stewartry  of  Kirkcudbright. 

Spottis,  and  of  William  Johnstone  of  Lock-  The   charter,   which   is   now  at   Carruchan, 

erbie.      [Pitcairn's  Criminal  Trials,   vol.   iii.  states  that  the  lands  are  given  for  a  certain 

pp.  43-47.     The  Book  of  Carlaverock,  vol.  i.  sum  of  money,  and  also  for   good,  faithful 

pp.  310-313.     Register  of  the  Privy  Council,  and  gratuitous  services  rendered  and  to  be 

vol.  viii.  pp.  769-773.]     Charles  Maxwell  re-  rendered  to  him  by  the  grantee.     [The  Book 

ceived  from  his  lordship  on  the  day  of  the  of  Carlaverock,  vol.  i.  p.  313.] 

assassination  the  five  pound  land   of   Num-  2  Spottiswoode's  History,  vol.  iii.  pp.  191, 

bellie  in  the  provostry  of  Lincluden,  parish  192. 


LORD  MAXWELL  CONDEMNED  TO  DEATH,  1609.  civ 

to  take  him  alive  or  dead.  The  king  wrote  to  the  council  to  make  diligent 
search  for  his  resetters.  Letters  of  homing  were  raised  against  him  by 
Margaret  Scott,  Lady  Johnstone,  elder,  Sara  Maxwell,  Lady  Johnstone, 
younger,  relict  of  Sir  James,  and  James  Johnstone  the  son,  Agnes  and 
Elizabeth  Johnstone  the  daughters,  and  three  other  near  relatives,  and  also 
by  the  lord  advocate  for  the  king's  interest.  Proceedings  were  taken  against 
the  town  of  Dumfries  and  against  certain  persons  for  resetting  him,  and 
in  the  case  of  the  former,  for  demonstrating  in  his  favour.1 

Lord  Maxwell  baffled  all  the  efforts  made  to  capture  him,  and  escaped  to 
France.2  It  was  then  resolved  to  try  him  in  absence.  On  26th  January  of 
the  following  year  a  summons  of  treason  and  forfeiture  was  issued  against 
him  to  appear  before  parliament  on  12th  April  to  answer  for  his  crimes. 
Homing  was  relaxed  against  him  that  he  might  be  free  to  appear.3  Parlia- 
ment met  and  adjourned.  On  the  17th  June  when  it  again  met  the  summons 
was  read,  Lord  Maxwell  was  called  three  times  at  the  tolbooth  window  by 
the  Lyon  Herald  and  his  colleagues,  and  upon  his  failure  to  appear  the 
execution  of  his  summons  was  verified.  On  24th  June  the  trial  was  resumed, 
and  his  lordship  was  again  called  three  times  as  before  without  his  appearing. 
Whereupon,  the  summons  was  found  relevant,  witnesses  were  examined,  and 
his  life,  goods,  lands,  tenements,  dignities,  offices,  rights,  and  all  other  things 
belonging  to  him,  were  confiscated.  His  lands  were  afterwards  parcelled  out 
among  court  favourites. 

Wearied  with  exile  and  finding  that  he  was  closely  searched  for  in  France, 
Lord  Maxwell  returned  to  Scotland  in  March  1612  broken  down  in  health 
with  his  wandering  life.  Here,  however,  he  was  more  closely  pursued  than 
abroad.     A  commission  was  appointed  to  effect  his  apprehension,  and  pro- 

1  Register  of  the  Privy  Council,  vol.  viii.       "Lord  Maxwell's  Good-night."     Vide  Book 
pp.  70,  83,  85,  86,  90,  169,  500,  769-773,  etc.       of  Carlaverock,  vol.  i.  pp.  314-316. 

3  Register  of  the  Privy  Council,  vol.  viii. 

2  His  lordship's  flight  is  celebrated  in  a       p.  781.     Book  of  Carlaverock,  vol.  i.  pp.  316, 
ballad    written    about    that    time    entitled       317. 


clvi  SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

clamation  was  made  offering  a  condign  reward  to  the  lasting  weal  of  them, 
and  their  posterity,  who  should  accomplish  it.  Finding  himself  thus  pressed, 
Lord  Maxwell  looked  to  Sweden  for  an  asylum.  His  kinsman,  George 
Sinclair,  Earl  of  Caithness,  offered  him  the  protection  of  his  home,  and 
with  a  deep  sense  of  gratitude  he  turned  thither.  The  earl,  however,  with 
great  baseness,  in  order  to  purchase  court  favour,  treacherously  appre- 
hended his  unsuspecting  ward,  after  first  getting  him  to  leave  his  castle. 
His  apprehension  took  place  in  July,  and  by  the  instructions  of  government, 
he  was  in  September  brought  by  sea  to  Leith,  and  lodged  in  the  tolbooth  of 
Edinburgh,  where  two  persons  were  to  remain  with  him  by  day  and  by  night.1 

So  soon  as  Lord  Maxwell  was  in  custody,  James  Johnstone  of  Johnstone, 
only  son  of  Sir  James,  and  also  Sara  Maxwell,  the  widow,  and  Margaret 
Scott,  the  mother  of  Sir  James,  petitioned  to  have  the  death  sentence  pro- 
nounced against  him  put  into  execution.  Upon  instructions  from  the  king, 
the  council  wrote  to  the  petitioners  to  appear  before  them,  and  on  28th  April 
1613,  James  Johnstone,  the  son,  his  mother,  Sara  Maxwell,  and  Robert  John- 
stone of  Eaecleuch,  tutor  of  Johnstone,  appeared  personally  and  in  reply  to 
the  council  insisted  upon  the  execution  of  Lord  Maxwell  for  the  slaughter 
of  Sir  James  Johnstone.  Margaret  Scott,  Lady  Johnstone  elder,  excused 
herself  from  being  present  on  account  of  disease  and  sickness,  and  craved  a 
commission  to  receive  her  declaration.  A  commission  having  been  sent  to 
her,  she  also  insisted  in  terms  of  her  petition.2 

The  council  reported  what  they  had  done  to  the  king.  Their  letter,  which 
is  dated  28th  April  1613,  is  subscribed  by  the  chancellor  and  seven  members 
of  the  council,  and  is  as  follows  : — 

"  Most  gracious  Souerane, — According  to  youre  Maiesties  directioun,  we 
wryte  for  the  laird  of  Jolrrmstoun,  his  moder  and  goode-dame  to  vnderstand  of 
thame  gif  thay  wald  persist  in  the  persute  of  that  petitioun  exhibite  vnto  your 

1  Book  of  Carlaverock,  vol.  i.  pp.  312,  320.  Register  of  the  Privy  Council,  vol.  ix.  pp.  359, 
360,  461,  744.  2  Ibid.  vol.  x.  p.  29. 


THE  COUNCIL'S  LETTER  TO  THE  KING,  1613.  clvii 

Maiestie  in  thair  names,  whairby  thai  craved  iustice  to  be  execute  vpoun  the  for- 
feyted  Lord  Maxwell  for  the  slauchter  of  the  laite  laird  of  Johnnstoun.  Thay 
come  all  to  this  burgh  and  the  laird  of  Johnnstoun  with  his  moder  and  tutour 
presentit  thame  selffis  before  vvs,  and  declairit  that  thay  wald  insist  in  that  persute 
and  prosequutioun  of  that  mater  according  to  the  tennour  of  thair  petitioun.  The 
auld  Lady  Johnnstoun,  through  seiknes  and  inhabilitee  of  hir  persone  being  vnable 
to  compeir  before  ws,  haueing  with  grite  difficultie  come  to  this  burgh  for  this 
same  errand,  we  directit  and  send  the  Bishop  of  Caithnes,  the  Lord  Kildrymmie, 
and  lord  preuey  seale  to  hir  to  vnderstand  hir  will  and  pleasoure  in  this  mater ; 
vnto  quhome  scho  declairit  that  scho  come  heir  purposelie  for  that  mater,  and  that 
scho  wald  insist,  accoirding  to  the  tennour  of  the  petitioun ;  sua  that  now  thair 
restis  no  farder  bot  youre  Maiesteis  will  and  pleasoure  to  be  declairit  quhat  forder 
youre  Maiestie  will  haif  to  be  done ;  wherein  althoght  the  conclusione  of  youre 
Maiesteis  letter  beiris  that  we  sould  proceid  to  the  administratioun  of  iustice, 
yitt  in  respect  of  a  worde  cassin  in  the  preface  of  the  lettre,  beiring  that  your 
Maiestie  had  not  as  yitt  gevin  a  direct  ansuer  to  thair  petitioun,  we  haif  presomed 
first  to  acquent  your  Maiestie  afoir  we  proceid  ony  forder ;  and  whateuir  it  sail 
pleis  your  Maiestie  to  direct  in  this  mater  salbe  immediatlie  and  without  delay 
execute.  Thair  was  a  petitioun  gevin  in  this  day  vnto  ws  be  Robert  Maxwell, 
bruthir  to  the  said  laite  lord,  with  some  ofleris  to  the  pairtie ;  bot,  becaus  the 
mater  concernit  not  ws,  we  wald  not  mell  thairin ;  alwyse,  we  haif  heirwith  send 
the  same  to  youre  Maiestie,  to  be  considderit  of  as  your  Maiestie  sail  think  goode. 
So  praying  God  to  blisse  your  Maiestie  with  all  happynes  and  felicitie,  we  rest, 
your  Maiesteis  maist  obedant  subiectis  and  seruitouris."1 

From  the  above  letter  it  will  be  seen  that  the  friends  of  Lord  Maxwell, 
aware  of  his  danger,  exerted  themselves  to  save  him  by  making  a  series  of 
offers  to  the  Johnstone  family  on  his  behalf.  These,  for  the  greater  effect, 
they  desired  to  be  presented  by  certain  ministers  of  Edinburgh  and  some 
bishops.  The  ministers,  bishops,  and  other  persons  of  quality  in  town  whom 
they  asked,  declined  to  do  so  without  warrant  of  the  council.  Eobert  Max- 
well, Lord  Maxwell's  brother,  petitioned  the  council  to  direct  some  Edinburgh 
ministers  to  make  the  presentation,  and  to  inform  the  king  that  his  brother 
was  willing  to  satisfy  the  offended  parties — the  Marquis  of  Hamilton  and 

1  Pitcairn's  Criminal  Trials,  vol.  iii.  pp.  50,  51, 


clviii         SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,  1587-1608. 

the  laird  of  Johnstone  and  their  friends,  and  humbly  to  submit  himself  to 
his  Majesty.1  The  council  did  not  entertain  the  petition.  The  offers  there- 
fore probably  never  came  before  the  family  of  Sir  James  Johnstone ;  but  they 
are  of  considerable  importance,  and  may  be  thus  summarised : — 

"  In  the  first,  Lord  Maxwell  craves  pardon  for  his  offence  against  God,  the 
king,  and  the  surviving  relatives  of  Sir  James  Johnstone,  for  the  slaughter  of  Sir 
James.  He  testifies  by  oath  that  the  slaughter  was  not  committed  upon  fore- 
thought felony,  or  set  purpose,  but  mere  accident.  For  the  clearing  of  this  he 
would  purge  himself  by  his  great  oath  in  public,  and  he  would  do  what  further 
homage  was  thought  expedient. 

"  Secondly,  he  would,  for  himself,  his  kin  and  friends,  forgive  the  slaughter  of 
the  late  John,  Lord  Maxwell,  his  father,  committed  by  the  deceased  laird  of 
Johnstone  and  his  accomplices,  and  give  security  for  the  safety  of  those  who  were 
guilty  either  personally  or  by  art  and  part  in  that  slaughter. 

"  Thirdly,  as  Johnstone,  daughter  to  Sir  James,  was  now  left  unpro- 

vided with  a  sufficient  tocher,  Maxwell  was  willing,  the  better  to  avoid  all  enmity 
that  might  arise  between  the  houses  of  Maxwell  and  Johnstone,  and  to  establish 
friendship  between  them,  to  marry  that  fatherless  daughter  without  any  tocher. 

"  Fourthly,  he  desired  that  the  laird  of  Johnstone  should  be  married  to  Dame 

Maxwell,  daughter  to  John,  Lord  Herries,  and  sister-daughter  to  Lord 

Maxwell,  who  was  a  person  of  like  age  with  Johnstone.     He  also  became  bound 

to  pay  to  Johnstone  of  tocher,  with  his  said  sister-daughter,  20,000  merks  Scots, 

and  any  additional  sum  thought  expedient  by  the  advice  of  friends. 

"  Lastly,  he  was  content,  for  the  further  satisfaction  of  the  Johnstones,  to  be 
banished  the  king's  dominions  for  seven  years,  or  longer  at  the  pleasure  of  the 
laird  of  Johnstone. 

"  The  offers  were  to  be  augmented  at  the  discretion  of  common  friends  to  be 
chosen  for  that  purpose."2 

The  king's  answer  to  the  letter  of  the  council  was  an  order  for  the 
execution  of  Lord  Maxwell.     It  is  as  follows : — 

"Eicht  trustie  and  weilbelovit  cosine  and  counsellour,  and  trustie  and  weil- 
belovit  counsellouris,  we  grete  you  weel :  We  haif  understood  that  concerning  the 
mater  of  the  lait  Lord  Maxwell,  the  partyis  interest  haif  bene  before  you  and  haif 

1  Pitcairn's  Criminal  Trials,  vol.  iii.  p.  52.  2  Ibid.  p.  51. 


EXECUTION  OF  LORD  MAXWELL,   1613.  clix 

peremptorelie  answerit  that  thay  will  insist  in  the  persute  of  justice;  but  con- 
cerning the  other  pairt  of  oure  cornmandinient  whiche  wes  to  do  justice  yf  it  wer 
requirit,  we  understand  nothing  hot  a  delay,  which  causeth  us  to  wonnder  that 
with  a  persone  alreddy  convictit  and  by  oure  lawis  condemned,  you  sould  use  suche 
defferring  of  the  executioun  of  oure  conirnandimentis.  It  is  thairfoir  oure  pleasour 
that  you  proceede  to  the  dew  administratioun  of  justice  in  this  caise  according  to 
the  ordour,  except  the  pairty  interest  require  a  delay  or  directlie  plead  for  mercye : 
And  withall  we  will  and  require  you  that  in  all  tyme  comeing  in  suche  materis 
whairin  we  salbe  pleasit  to  signifie  oure  pleasour,  that  you  nather  borrow  nor  len 
with  oure  commandimentis,  but  directlie  proceid  to  the  executioun  thairof.  Whiche 
persuading  ourselff  you  will  do,  we  bid  you  fairvveill.  At  our  pallice  of  Whyte- 
hall,  the  fourte  of  May  1613."  1 

On  1 8th  May  the  council  issued  a  warrant  for  the  execution  of  Lord  Max- 
well to  the  provost  and  bailies  of  Edinburgh.  By  that  warrant  he  was  to  be 
taken  from  the  tolbooth  to  the  market  cross  on  the  21st  and  to  be  beheaded. 
Lord  Maxwell  was  at  once  apprised  of  the  decision  of  the  king  and  council. 
On  the  day  fixed  upon  he  was  brought  to  the  scaffold,  where  he  acknowledged 
the  justice  of  his  sentence,  asked  mercy  from  God  on  account  of  his  sins, 
and  expressed  the  desire  that  the  king  would  accept  his  punishment  as  an 
atonement  for  his  offences,  and  restore  his  brother  and  house  to  the  rank 
and  place  of  his  predecessors.  He  also  craved  forgiveness  first  from  James 
Johnstone  of  Johnstone,  his  mother,  grandmother,  and  friends,  whom  he 
acknowledged  he  had  wronged,  although  without  dishonour  or  infamy  "  for 
the  worldlie  pairt  of  it " ;  and  then  from  Pollok,  Calderwood,  and  his  other 
friends  present,  to  whom  he  had  contributed  harm  and  discredit,  instead  of 
safety  and  honour.  After  giving  himself  to  devotion,  and  taking  leave  of 
his  friends  and  the  bailies  of  the  town,  Lord  Maxwell  placed  his  head  upon 
the  block,  and  was  executed.  His  lordship  was  buried  in  the  cemetery  of 
Newbattle  Abbey.2 

1  Register  of   the   Privy  Council,  vol.   x.       323.     Newbattle  Abbey  is  the  property  of 
pp.  44,  45.  the   Lothian   family,    and   it   was   probably 

2  The  Book  of  Carlaverock,  vol.  i.  pp.  322,       through  the  influence  of  Margaret  Maxwell, 


clx  SIR  JAMES  JOHNSTONE  OP  JOHNSTONE,  KNIGHT,  1587-1608. 

With  the  death  of  Lord  Maxwell,  the  great  Border  feud  between  the 
Maxwells  and  the  Johnstones,  which  had  raged  so  long,  and  with  so  much 
fierceness  and  vindictiveness,  terminated.  Neither  of  these  two  great  clans 
showed  any  desire  to  renew  the  feud  which  had  cost  both  so  much.  Bobert, 
tenth  Lord  Maxwell,  who  ultimately  succeeded  to  the  honours  and  estates  of 
his  brother,  being  himself  peaceably  inclined,  followed  a  conciliatory  course 
with  the  Johnstones,  and  sought  in  every  way  to  heal  the  breach  between 
them.  James  Johnstone  of  Johnstone  reciprocated  the  spirit  thus  shown 
by  Lord  Maxwell.  Ten  years,  however,  elapsed  after  the  execution  of  Lord 
Maxwell  before  a  real  reconciliation  was  made.  On  17th  June  1623,  Max- 
well and  Johnstone  came  before  the  council,  and  vowed  strict  friendship 
for  the  future.1 

As  already  related,  Sir  James  Johnstone  married,  in  1588,  Sara  Maxwell, 
daughter  of  Sir  John  Maxwell  of  Terregles,  knight,  and  the  first  Lord  Herries 
of  the  house  of  Maxwell.  One  of  the  most  common  means  taken  to  allay 
feuds  both  on  the  Borders  and  in  the  Highlands  of  Scotland,  was  that  of 
intermarriage  between  the  families  of  the  antagonistic  parties.  The  feud 
between  the  Maxwells  and  the  Johnstones  was  the  most  inveterate  of  all  the 
great  Border  feuds.  There  were  feuds  which  occurred  during  the  same  period, 
between  other  Scotch  Border  families  of  distinction,  which  afford  an  example 
of  what  is  stated.     The  great  houses  of  Scott  of  Buccleuch  and  Kerr  of  Cess- 

Couutess-Dowager  of  Lothiau,  aud  daughter  the  fifteenth  century  there  was  a  feud  of  some 

of   John,   fourth    Lord    Herries,    that   Lord  duration    between    the    Maxwells    and   the 

Maxwell's  remains  found  their  last  resting-  Murrays     of     Cockpool,    ancestors     of     the 

place  there.     The  opposite  sympathies  of  the  Murrays,  Earls  of  Annandale.     The  origin  of 

two  Maxwell  sisters  thus  become  apparent :  the   feud   is   not   ascertained.      But   in   the 

Sara   Maxwell   insisted   upon   the   death   of  course  of  it,   Cuthbert  Murray  of  Cockpool 

Lord    Maxwell,    Margaret,    her    sister,    now  and  his  friends  waylaid  John,  fourth  Lord 

gave  him  a  place  of  sepulchre.  Maxwell,  and  slew  his  erne  (uncle)  and  others, 

1  The  feud  with  the  Johnstones,  although  and  did  bodily  injury  to  several  of  his  friends, 

the  greatest  of  all  Border  feuds,  is  not  the  Previous   to  this,  Nicol   Maxwell,  a  sou  of 

only  one  which  is  associated  in  history  with  Robert,  second  Lord  Maxwell,  was  slain  by 

the  Maxwells,  and  which  proved  calamitous  the  Laird  of  Cockpool  at  football.    [The  Book 

to  the  Maxwell  family.    Towards  the  close  of  of  Carlaverock,  vol.  i.  pp.  150,  151,  159.] 


MARRIAGE  ALLIANCE  WITH  SARA  MAXWELL.  clxi 

ford  were  at  deadly  feud  for  many  years,  and  their  strife  was  the  cause  of 
much  bloodshed.  Great  exertions  were  made  to  allay  it,  but  without  success. 
At  length  several  marriages  were  contracted  between  them,  and  that  feud  was 
so  amicably  arranged  that  no  two  families  on  the  Borders  are  in  greater 
accord  than  the  Scotts  of  Buccleuch  and  the  Kerrs  of  Ferniehirst. 

The  same  method  of  composing  the  serious  feud  between  the  Maxwells 
and  the  Johnstones  had  early  occurred  to  John  Johnstone  of  that  ilk,  who 
died  on  the  8th  November  1567,  as  appears  from  his  testament  made  in 
the  year  1562.  He  appointed  as  his  executors  Nicola  Douglas,  Lady 
Johnstone,  his  second  wife,  and  John,  Master  of  Maxwell.  The  Master  was 
variously  designated  Master  of  Maxwell,  as  heir-apparent  to  his  nephew,  the 
Lord  Maxwell,  and  Sir  John  Maxwell  of  Terregles,  knight,  from  his  having 
married  Agnes  Herries,  the  eldest  of  the  three  daughters  of  "William,  Lord 
Hemes  of  Terregles,  with  whom  he  received  a  third  of  the  Herries  or  Terregles 
estate.  He  also  acquired  the  remaining  two-thirds  of  that  estate  from  the 
younger  sisters  of  his  wife,  and  was  ultimately  created  Lord  Herries.  As 
warden  of  the  West  Marches,  he  possessed  great  influence  and  authority  on 
the  Borders.  He  was  an  ardent  adherent  of  Queen  Mary,  and  conducted  her 
Majesty  to  Terregles  on  her  way  to  England  after  the  battle  of  Langside. 
As  already  related,  John  Johnstone  left  his  son  and  heir  "  in  gyding  to  the 
Maister  of  Maxwel,  and  to  be  counsalit  by  my  Lord  Duke  Grace,"  the 
Master  of  Maxwell  and  the  lairds  of  Drumlanrig  and  Elphinstone.  Among 
other  provisions  of  his  will  is  the  following : — "  My  said  sone  and  air  to 
marie  with  the  maister  of  Maxwell."  His  eldest  daughter,  Dorothea  John- 
stone, and  her  gear,  he  gave  to  the  Master  of  Maxwell,  who  was  to  provide 
her  in  marriage,  with  the  profit  of  the  laird  of  Elschiesheill's  escheat.1 
But  it  was  not  until  the  third  generation  after  John  Johnstone  of  John- 
stone that  a  marriage  was  arranged  between  these  rival  families,  when  in 

1  Testament,  Minutes  of  Herries  Peerage  (1876),  p.  47.  Annandale  Peerage  Minutes  of 
Evidence,  1876,  pp.  46-49. 

VOL.  I.  X 


Clxii  SIR  JAMES  JOHNSTONE  OP  JOHNSTONE,  KNIGHT,  1587-1608. 

1588,  Sir  James  Johnstone  of  Johnstone  and  Dunskellie,  knight,  was  allied 
in  marriage  with  Sara  Maxwell,  daughter  of  John,  Lord  Hemes.  The  latter 
died  in  Edinburgh  upon  the  20th  day  of  January  1582.  He  made  his  will 
at  Terregles  on  26  th  May  of  the  same  year.  His  lordship  thereby  ordained 
his  son  Edward  to  pay  to  Sara  Maxwell,  his  daughter,  three  thousand 
nierks.1  Agnes,  Lady  Hemes,  survived  her  husband  and  died  at  Terregles 
on  the  14th  day  of  March  1593,  having  on  the  previous  day  made  her 
will  there.  She  had  several  daughters  who  received  special  legacies :  one 
legacy  is  to  Sara,  Lady  Johnstone,  of  "  ane  gown  of  black  grow  grain 
tafntie  with  aucht  ellnes  of  sating  to  be  ane  cloik.  .  .  .  Item,  to  the  said 
Lady  Jolmnestoun  ane  pair  gold  braislatis.  She  ordainet  hir  hornets  of  gold 
to  be  diuidit  amangs  her  dochteris." 2 

This  marriage  alliance  with  the  Maxwells,  although  happy  in  other 
respects,  did  not  serve  to  compose  the  feud  between  the  two  families. 
Sara  Maxwell,  Lady  Johnstone,  survived  her  husband,  Sir  James  John- 
stone, who  was  so  cruelly  killed  by  her  own  chief,  John,  Lord  Maxwell,  in 
1G08.  As  a  member  of  the  Maxwell  family  she  might  be  supposed  to  have 
every  feeling  of  commiseration  for  the  unhappy  position  of  her  Maxwell 
chief  as  the  murderer  of  her  husband.  But  she,  with  all  her  feminine 
tenderness,  even  after  the  lapse  of  years,  concurred  with  her  mother-in-law, 
Margaret  Scott,  Lady  Johnstone,  as  the  mother  of  the  unfortunate  knight  of 
Johnstone,  in  demanding  the  execution  of  Lord  Maxwell  for  his  crime;  and 
the  insisting  of  these  two  ladies  that  justice  should  be  executed  upon  Lord 
Maxwell  appears  to  have  had  considerable  weight  with  the  government 
in  following  out  the  sentence  of  execution  upon  his  lordship,  notwithstanding 
his  earnest  entreaties  for  the  sparing  of  his  life  and  the  high  pecuniary  offers 
he  made  to  the  children  and  other  relatives  of  his  victim. 

Sara  Maxwell,  Lady  Johnstone,  married,  secondly,  John,  Earl  of  Wigton, 
and  thereafter  adopted  the  style  of  Sara,  Countess  of  Wigton.     She  married, 

1  Minutes  of  Evidence  in  Hemes  Peerage  (1849),  pp.  5G-60.  2  Ibid.  pp.  60-62. 


DEATH  OF  SARA  MAXWELL,  LADY  JOHNSTONE,  1636.  clxiii 

thirdly,  Hugh  Montgomerie,  Viscount  of  Airds,  in  Ireland.  In  the  second 
volume  of  this  work  there  is  the  letter  of  the  Viscount  proposing  marriage 
to  the  Countess.1  There  are  also  two  letters  of  Sara  Maxwell,  Countess  of 
Wigton,  written  by  her  at  Lochwood.2  One  of  these  is  to  her  son  James 
Johnstone,  in  1628,  advising  him  as  to  Lord  Hemes,  who,  she  says,  has 
ever  been  "  kittill  to  deill  with."  It  is  not  clear  to  what  she  refers  in  her 
criticism  of  Lord  Hemes,  unless  to  negotiations  for  the  purchase  of  Moffat- 
dale  and  Evandale,  which  were  proceeding  at  this  time,  and  which  were 
completed,  as  previously  shown,  a  year  later.  The  other  letter  is  written  in 
1632,  and  is  to  her  husband  the  Viscount  of  Airds.  It  is  chiefly  taken  up 
with  the  troubles  of  her  daughter,  which  had  brought  her  to  Scotland,  and 
in  which  she  was  concerning  herself.  This  letter,  and  one  from  the  Viscount 
to  her  ladyship,3  evince  the  sincere  and  ardent  affection  which  subsisted 
between  husband  and  wife. 

In  addition  to  the  letters  now  mentioned,  there  is  printed  with  the  charters 
in  this  work  (No.  87,  pp.  83-84)  a  testament  of  Sara  Maxwell,  Countess  of 
Wigton,  dated  22d  April  1628,  in  which  she  constitutes  her  three  daughters 
her  only  executors,  and  leaves  legacies  to  them  and  to  James  Johnstone,  her 
son.  Her  last  will,  however,  was  made  shortly  before  her  death  in  February 
1636.  In  this  will  she  appoints  her  "weil  belowed  sone,"  James,  Lord 
Johnstone,  her  only  executor  and  legatee,  ordains  her  body  to  be  buried  in 
the  abbey  of  Holyroodhouse,  and  makes  provisions  for  her  two  surviving 
daughters,  Lady  Jane  Fleming,  and  Elizabeth  Johnstone,  Lady  Hamilton. 
She  subscribes  the  will  with  her  hand  led  by  the  notary,  as  she  could  not 
write  herself  for  sickness.  The  will  is  also  subscribed  by  her  son,  Lord 
Johnstone,  and  her  daughter,  Lady  Jane  Fleming,  and  also  by  Sir  William 
Hamilton,  for  his  wife,  Elizabeth  Johnstone. 

As  this  will  made  James,  Lord  Johnstone,  her  only  executor  and  legatee, 
and  took  no  account  of  her  husband,  Hugh  Montgomerie,  Viscount  of  Airds,  it 
i  Vol.  ii.  of  this  work,  p.  278,  2  Ibid.  pp.  2S0,  2S6.  3  Ibid.  pp.  284,  285. 


clxiv         SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 

might  have  given  rise  to  controversies  in  law.  To  obviate  this,  the  Viscount 
and  James,  Lord  Johnstone,  entered  into  a  contract  at  Edinburgh,  on  7th 
April  1636.  In  this  contract  the  Viscount,  remembering  the  great  love 
which  was  between  him  and  his  late  spouse,  ratified  her  will,  and  renounced 
all  claim  to  the  bonds,  securities,  and  others  which  it  contained,  with 
certain  exceptions  therein  specified,  and  also  all  goods  and  plenishings 
in  her  dwelling-house  at  Edinburgh  at  the  time  of  her  decease,  or  in  the 
place  of  Lochwood,  with  all  jewels,  ornaments,  and  money,  and  the  maills  of 
her  conjunct  fee,  liferent,  and  terce  lands  of  the  living  of  Johnstone.  In 
respect  of  which  Lord  Johnstone  acknowledged  the  generous  behaviour  of 
the  Viscount,  and  for  himself  and  his  sisters  discharged  him  of  all 
goods,  jewels,  ornaments,  and  money  which  might  be  charged  against  him, 
and  in  all  actions  which  might  be  competent  to  Lord  Johnstone  to  take 
against  him  thereanent,  as  well  as  of  all  funeral  expenses,  and  binds  himself 
to  give  up  an  inventory  of  her  goods.  Lord  Johnstone  also  ratified  certain 
bonds  of  provision  granted  to  Lady  Jane  Fleming.  Sara  Maxwell,  Countess 
of  Wigton,  died  at  Edinburgh  on  29th  March  1636,  and  was  buried  in 
the  Abbey  of  Holyrood.1  The  following  entry  occurs  in  the  Kegister  of 
Burials,  and  shows  her  interment  there  : — 

"The  twenty-ninth  of  March  this  year  (1636)  died  Dame  Sara  Maxwell, 
Viscountess  of  Airdes,  sister  to  John,  Lord  Harreis,  and  was  solemnly  interred  in 
the  Abbey  Church  of  Holyroodhouse.  This  lady  was  thrice  married,  first  to  Sir 
John  Johnstone  of  the  same,  and  by  him  had  issue  James,  now  Earl  of  Hartfell, 
Lord  Johnstone,  and  two  daughters ;  and  after  his  death  she  married  to  her 
second  husband,  John,  first  Earl  of  Wigton,  and  by  him  had  issue  one  onlie 
daughter ; 2  and  after  his  death  she  married  to  her  third  husband  Hugh  Mont- 
gomery, Lord  Viscount  of  Airdes,  in  the  Kingdom  of  Ireland,  and  by  him  had 
no  issue." 

1  Balfour's  Annals,  vol.  ii.  pp.  225-6.  died  at  Newbie,  the  mansion  of  her  half- 

2  The  issue  of  her  second  marriage  with  brother,  James,  the  first  Lord  Johnstone,  on 
the  Earl  of  "Wigton  was  two  daughters,  21st  December  1638.  [Discharge  in  Annan- 
Ladies  Sara  and  Jean  Fleming.     Lady  Jean  dale  Charter-chest.] 


HIS  CHILDREN.  clxv 

The  ceremonial  of  her  interment  is  recorded  by  Sir  James  Balfour,  and  is 

here  subjoined  with  a  few  verbal  alterations  : — 

The  funeral  of  the  Countess  of  Wigfcon  was  conducted  with  some  state  in 
the  order  following.  In  the  front  of  the  cortege  were  twenty-four  poor  persons 
in  gowns  and  hoods,  with  small  staves,  on  which  were  displayed  her  ladyship's 
escutcheons,  lozinges,  and  cyphers,  preceded  by  a  conductor  in  mourning.  These 
were  succeeded  by  a  horse  of  state  with  a  crimson  velvet  woman's  saddle,  led  by  a 
lackey  in  livery :  a  trumpeter,  open :  a  horse  in  doole,  led  by  a  lackey  in  mourn- 
ing :  the  great  gumpheon,  carried  by  John  Johnstone  of  Redhall  :  the  standard  of 
the  three  coats  of  her  several  marriages  carried  by  Robert  Johnstone  of  Stable- 
ton  :  the  four  branches  on  her  father's  side,  carried  chiefly  by  Johnstones  :  the 
four  branches  on  her  mother's  side,  carried  by  John  Home,  uncle  to  James,  Earl 
of  Home,  and  others :  four  trumpeters  in  mourning :  four  pursuivants :  four 
heralds :  her  coronet,  borne  on  a  cushion  of  black  velvet  covered  with  crispe  by 
Alexander  Maxwell,  brother  to  Lord  Herries  :  the  Lyon  King-of-Arms  and  other 
two :  the  corpse  overlaid  with  black  velvet  with  cyphers,  etc.,  under  a  pall  of 
black  velvet  adorned  with  a  coronet  on  a  cushion  overcrisped  and  borne  by 
twelve  gentlemen  friends :  her  daughter  by  the  Earl  of  Wigton  and  two  ladies 
with  their  trains  carried  by  three  maids  in  mourning :  sixteen  ladies  two  and 
two  in  mourning,  and  the  multitude  from  St.  Giles'  Church  to  the  church  of 
Holyroodhouse.1 

Sir  James  Johnstone   and  Sara  Maxwell  had  issue  one  son  and  two 

daughters : — ■ 

1.  James  Johnstone  of  Johnstone,  who  was  created  Lord  Johnstone  and  Earl 
of  Hartfell,  etc. ,  of  whom  a  memoir  follows. 

1.  Agnes  Johnstone.     Robert  Johnstone  of  Raecleuch  was  retoured  nearest 

agnate  or  kinsman  on  the  father's  side  to  her,  and  Elizabeth  Johnstone 
her  sister.  Agnes  is  not  mentioned  in  the  will  of  her  mother  in  1628, 
and  had  predeceased  unmarried.2 

2.  Elizabeth  Johnstone,  who  married,  as  his  first  wife,  Sir  William  Hamilton 

of  Manor-Elieston,  Ireland,  and  had  issue. 

A  tombstone,  erected  at  Johnstone  church  soon  after  the  assassination  of 
Sir  James  Johnstone,  serves  to  perpetuate  not  only  the  memory  of  this 

1  Balfour's  Heraldic  Tracts,  1837,  pp.  122-125. 

2  2d  April  1628,  Charters  of  this  Work,  pp.  83,  84. 


Clxvi      SIR  JAMES  JOHNSTONE  OF  JOHNSTONE,  KNIGHT,   1587-1608. 


celebrated  Johnstone,  but  also  the  cruel  and  treacherous  deed  which  deprived 
him  of  his  life,  and  the  sweeping  condemnation  of  it  which  was  given  by  the 
king  and  parliament.     The  inscription  upon  the  stone  is  as  follows : — 

"  Heir  lyis  the  By*  Honorabil  Sr  lames  Iohnstone  of  that  ilk,  Kny*, 
Depairtit  [this  life]  of  39  zeirs :  Qvha  vas  maist  tresonabillie  mvrtherit  vnder 
traist  be  the  schot  of  ane  pestelat  behind  his  bak  be  Lord  [MJaxvel  on  the  6  day 
of  Apryl,  the  zeir  of  God  1608  zeirs.  For  the  crevel  mvrther  he  vas  maist 
ivstlie  forfatit  of  his  haile  landis,  his  armeis  rivene  in  parlament,  and  himself 
banischit  the  Kingis  dominiovns  for  the  trason  don  be  him." 

The  armorial  bearings  upon  the  stone  consist  of  two  shields  of  arms  :  On  the 
dexter  side,  the  Johnstone  arms,  being  the  saltire  with  three  cushions  in  chief. 
At  the  top  of  the  shield  a  large  S  for  Sir.  On  either  side  in  niches  an  I  for 
James  Johnstone.  On  the  sinister  side  the  Maxwell  and  Herries  arms,  being  the 
Maxwell  cross  and  three  hurcheons  in  chief,  and  three  in  base,  surmounted  by  a  label 
of  three  points.  At  the  top  of  this  shield  is  a  large  D  for  Dame.  On  the  dexter 
side  in  a  niche  a  large  S  for  Sara,  and  on  the  sinister  side  a  large  M  for  Maxwell. 


sv/w&syTf&T&r 


IKWD 


clxvii 


The  Johnstones  as  Peers  of  Scotland  from  1633. 

XVI,— James  Johnstone,  Lord  Johnstone  of  Lochwood,  1633, 
first  Earl  of  Hartfell,  1643. 

Lady  Margaret  Douglas  (Drumlanrig),  his  first  "Wife. 
Elizabeth  Johnstone  (Elphinstone),  his  second  Wife. 
Lady  Margaret  Hamilton  (Haddington),  his  third  Wife. 

1608-1653. 

chapter  first. 

Birth  of  James  Johnstone,  1602 — Tutorship  of  Robert  Johnstone  of  Raecleuch — King  James 
interferes  in  favour  of  the  Minor — Curators  appointed,  1617 — Marriage  with  Lady 
Margaret  Douglas,  1622— Resides  at  Newbie — Purchase  of  Moffatdale  and  Evandale — 
Journeys  to  Edinburgh  and  London. 

This  chief  of  the  Jolmstones  having  been  in  possession  of  the  Johnstone 
estates  for  the  long  period  of  forty-five  years,  acquired  more  landed  property 
and  dignities  in  the  peerage  of  Scotland  than  any  of  his  predecessors.  As 
the  head  of  a  great  Border  clan,  and  as  a  loyalist  under  King  James  the 
Sixth  and  King  Charles  the  First  in  the  troublous  times  of  the  Covenant  and 
the  Commonwealth  of  Cromwell,  the  memoirs  of  his  life  and  actions  will 
require  some  detail.  But  it  is  not  proposed  to  enter  at  large  on  the  con- 
tentious questions  connected  with  the  covenanting  period  unless  in  so  far  as 
this  chief  was  directly  concerned  in  them. 

James  Johnstone  was  born  in  1602.  His  succession  to  the  Johnstone 
estates  in  1608  was  in  very  unfavourable  circumstances:  he  was  then  only 
six  years  of  age,  and  owing  to  the  untimely  death  of  his  father  little  or 
no  provision  had  been  made  for  him.  The  nearest  agnate  or  heir-male  on 
the  father's  side  was  a  distant  relative,  Bobert  Johnstone  of  Baecleuch. 
He  was  the  eldest  son  of  Bobert  Johnstone  of  Baecleuch  and  parson  of 
Lochmaben,  the  immediate  younger  brother  of  the  minor's  great-grandfather, 
James  Johnstone,  younger  of  Johnstone.     The  minor  having  no  uncle  or 


Clxviii      JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

grand-uncle,  Eobert  Johnstone,  as  his  nearest  heir-male,  in  accordance  with 
the  law  of  Scotland,  was  served  tutor  to  hirn  on  23rd  June  1608.  Eobert 
Johnstone,  who  was  also  appointed  tutor  to  the  two  sisters  of  James  John- 
stone, Agnes  and  Elizabeth  Johnstone,  on  21st  January  1609,1  from  this  time 
figures  in  the  family  writs  as  "  Eobert,  tutor  of  Johnstone." 

Descended,  as  the  tutor  of  Johnstone  was,  from  a  younger  son  of  the 
Johnstone  family,  without  inheriting  any  landed  property  of  his  own,  it  was 
considered  that  he  had  not  sufficient  position  and  influence  to  conduct  his 
tutory  in  the  real  interest  of  the  minor.  Sara  Maxwell,  Lady  Johnstone,  the 
widow  of  Sir  James  Johnstone,  and  a  number  of  the  "  best  friends  "  of  the 
family,  at  a  meeting  held  in  Edinburgh,  deliberated  upon  this  matter.  The 
minute  of  that  meeting  bears,  that  they  knew  the  weakness  of  the  tutor,  and 
that  he  was  neither  fit  for  the  government  of  the  "  living "  nor  for  the  ad- 
ministration of  the  other  affairs  belonging  to  it ;  and  they  foresaw  that  the 
debt  and  burdens,  amounting  nearly  to  fifty  thousand  pounds,  were  likely  to 
overthrow  and  ruin  the  estate.  They  consequently  made  an  offer  to  him 
that  if  he  would  quit  that  office,  the  mother  of  the  minor  would  administer 
the  living,  entertain  the  minor  and  his  sisters  in  meat,  clothes,  and  other 
necessaries,  keep  house  for  him  and  his  friends,  defray  his  charge  in  all  public 
employments,  give  him  yearly  five  hundred  merks  for  his  purse,  and  pay 
yearly  four  thousand  merks  of  the  debt.  Eobert  Johnstone  of  Eaecleuch 
declined  these  offers,  and  took  upon  himself  the  office  of  tutor. 

The  peculiar  circumstances  in  which  the  house  of  Johnstone  was  placed 
by  the  death  of  the  late  chief,  and  the  minority  of  his  only  son,  induced 
King  James  the  Sixth  to  take  a  kindly  interest  in  the  minor.  Between  the 
years  1608  and  1611  his  Majesty  addressed  several  characteristic  letters  to 
the  lords  of  council  and  session,  and  to  Eobert,  tutor  of  Johnstone.  These 
letters   are  printed  in   the    second   volume   of   this   work.2      The  import 

1  Annandale  Peerage  Minutes  of  Evidence,  1876,  pp.  52,  75. 

2  Vol.  ii.  of  this  work,  pp.  13-16. 


king  james's  letters  in  his  favour,  1611.  clxix 

of  the  letters  was  to  safeguard  the  interest  of  the  helpless  minor  by  staying 
all  unnecessary  litigations  against  him  during  his  minority,  to  warn  the  tutor 
to  be  careful  of  the  minor's  education,  and  of  the  welfare  and  continuance 
of  his  house,  to  be  honest  and  faithful  in  his  office  of  tutory,  and  not  to 
expect  or  make  gain  or  aggrandisement  for  himself.  To  guarantee  the 
carrying  out  of  these  injunctions,  George  Home,  Earl  of  Dunbar,  Lord  High 
Treasurer  of  Scotland,  was  appointed  by  the  king  to  superintend  the  accounts 
and  proceedings  of  the  tutor.  The  lords  of  session  gave  effect  to  the  letter 
of  the  king,  and  superseded  all  civil  actions  against  James  Johnstone  until 
he  was  of  the  age  of  fourteen  years.1  The  timely  interposition  of  the  king 
showed  a  kind  solicitude  on  his  part  for  the  preservation  of  the  ancient 
house  of  Johnstone,  and  his  care  and  consideration  of  its  youthful  repre- 
sentative is  highly  creditable  to  him  as  acting  a  fatherly  part  to  the  father- 
less young  chief. 

In  one  of  his  letters  his  Majesty  refers  to  the  widow  of  Sir  James  having 
been  recently  married  to  "  a  stranger."  This  lady  has  been  already  referred 
to  in  the  memoir  of  Sir  James.  Sara  Maxwell,  Lady  Johnstone,  survived 
her  husband  for  twenty-eight  years,  and  during  all  that  time  she  was  very 
devoted  to  the  interest  of  the  Johnstone  family.  Her  jointure  house  at  first, 
after  the  death  of  Sir  James,  appears  to  have  been  the  tower  of  Lochwood. 
Her  ladyship  was  courted  there  by  John,  first  Earl  of  Wigton,  and  became 
his  countess.  "  Sara,  Countess  of  Wigton,"  was  her  usual  signature  and 
designation,  even  after  her  third  marriage  to  the  Viscount  of  Airds. 

An  instance  of  the  great  advantage  which  accrued  through  her  to  the 
Johnstone  family  may  here  be  noticed.  The  deadly  feuds  between  the 
Maxwells  and  the  Johnstones  were  only  too  well  known,  and  at  first  sight  it 
seems  rather  inexplicable  how  Lord  Johnstone,  when  he  was  created  Earl  of 
Hartfell,  and  Lord  Johnstone  of  Moffatdale  and  Evandale  in  1643,  should 

1  Act  dated  9th  November  161]  appended  to  the  original  letter  in  the  General  Register 
House. 

VOL.  I.  y 


clxx  JAMES  JOHNSTONE,  FTRST  EARL  OF  HARTFELL,  1608-1653. 

have  specially  selected  those  three  long  cherished  Herries  and  Maxwell 
properties  as  the  titles  of  his  dignities.  Hartfell  forms  one  of  the  high 
mountains  of  the  Moffatdale  range,  and  was  for  centuries  part  of  the 
extensive  territories  of  the  Lords  Herries.  Evandale  was  also  for  centuries 
one  of  the  possessions  of  the  Lords  Herries,  one  of  whom,  Sir  David  Herries 
of  Avandale,  1464-1484,  took  his  territorial  designation  therefrom.  A  letter 
from  John,  sixth  Lord  Herries,  to  Sara  Maxwell,  Lady  Johnstone,  his  aunt, 
in  the  year  1609,  whom  he  addresses  as  his  "  verie  honorable  guid  ladie  and 
loving  aint,  my  ladie  Johnistoune,  youngair,"  affords  a  clue  to  the  apparent 
enigma  of  the  prominent  Maxwell-Herries  territories  becoming  not  only  the 
territorial  property,  but  also  affording  the  territorial  designations  in  the 
peerages  of  the  chief  of  the  Johnstones.  In  that  letter  Lord  Herries  says  : — 
"  Your  ladyschip  moist  remember  it  was  conditionat  no  Johnistoune  to  posses 
that  landis,  bott  sik  as  I  sould  onlie  be  contentit  with,  your  ladyschipis  selff 
exceptit  allanerlie  ;  quhilk  conditione  I  sail  stand  vnto  except  your  ladyschip 
refuis  satisfaction." 1 

At  a  meeting  of  the  privy  council,  held  at  Edinburgh,  on  25th  September 
1612,  liberty  to  go  abroad  was  given  to  James  Johnstone.  It  is  stated  in 
the  Eegister  of  the  Council  in  the  following  curt  entry  of  a  single  line  : — 
"  Ane  licence  past  to  the  laird  of  Johnnestoun  to  pas  of  the  countrey."  2  At 
that  date  the  young  laird  was  ten  years  old,  and  the  licence  may  have  been 
obtained  for  the  purpose  of  commencing  his  foreign  travels.  But  no  evidence 
has  been  found  of  his  availing  himself  of  the  permission. 

In  1616  James  Johnstone  of  Johnstone  attained  the  age  of  fourteen.  At 
the  close  of  that  year  he  applied  to  the  privy  council  for  the  appointment  of 
curators.  Acting  on  that  application,  summonses  were  issued  for  the  appear- 
ance before  their  lordships  of  Eobert  Johnstone  of  Eaecleuch  and  James 
Johnstone  of  Thornick  or  Lochhouse,  as  two  of  the  nearest  of  kin  on  the 

1  Vol.  ii.  of  this  work,  p.  276. 

2  Register  of  the  Privy  Council,  vol.  ix.  p.  464. 


ROBERT  JOHNSTONE,  TUTOR  OF  JOHNSTONE.  clxxi 

father's  side,  and  of  John,  Lord  Herries,  and  his  brother,  Sir  William  Maxwell 
of  Gribton,  on  the  mother's  side.1  On  9th  December  1617  young  Johnstone 
appeared  before  the  council  and  made  choice  for  his  curators  of  John,  Earl  of 
Mar,  Eobert,  Earl  of  Lothian,  William,  Lord  Crichton  of  Sanquhar,  Walter, 
Lord  Scott  of  Buccleuch,  John  Murray  of  Lochmaben,  Sir  John  Murray  of 
Philiphaugh,  Sir  Archibald  Murray  of  Eddilstone,  William  Murray  of  Denerne, 
James  Johnstone  of  Lochhouse,  James  Johnstone  of  Westerhall,  and  Edward 
Johnstone  of  Eyhill.2  Among  these  Eobert,  tutor  of  Johnstone,  is  not 
included,  and  indeed  very  shortly  after  their  appointment  the  curators  called 
for  his  account  of  intromissions. 

The  accounts  of  the  tutor  showing  his  intromissions  with  the  rent  and 
money  transactions  of  the  Johnstone  estates  from  the  year  1608  to  1617, 
being  ten  years  inclusive,  are  still  preserved  in  the  Annandale  Charter-chest. 
The  accounts  are  made  up  in  considerable  detail,  and  show  that  the  tutor, 
during  these  ten  years,  had  been  involved  in  much  trouble  in  the  manage- 
ment of  the  embarrassed  affairs  of  the  minor.  The  tutor  made  an  attempt 
in  1610  to  get  the  youthful  chief  out  of  the  charge  of  his  mother,  but  it  met 
with  no  success,  and  only  roused  the  friends  of  the  family  to  keener 
resentment  against  him  as  the  tutor  of  Johnstone.  One  of  the  Johnstone 
mansionJiouses  inherited  by  the  minor  from  his  father  was  Newbie  Tower, 
near  Annan.  The  continued  occupancy  of  that  mansion  by  its  former 
Johnstone  owners  was  a  source  of  much  difficulty.  The  tower  and  estate  of 
Newbie  were  acquired  by  Sir  James  Johnstone  from  them,  but  they  were  so 
reluctant  to  leave  the  old  tower  that  legal  measures  had  to  be  resorted  to  for 
the  purpose  of  compelling  them  to  do  so.  Sir  James,  as  the  purchaser,  was 
loth  to  be  hard  upon  persons  of  the  same  name,  and,  instead  of  evicting 
them,  agreed  that  several  of  the  children  of  the  previous  proprietor  should 
be  brought  up  at  Newbie  along  with  his  own  children.     That  arrangement 

1  Original  Summons,  24th  December  1616,  in  Annandale  Charter-chest. 

2  Annandale  Peerage  Minutes  of  Evidence,  1876,  p.  54. 


clxxii       JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,   1608-1653. 

might  have  worked  well  if  Sir  James  himself  had  survived  to  carry  it  out. 
But  the  tutor  was  unable  to  cope  with  the  circumstances,  and  was  subjected 
to  much  personal  annoyance.  This  appears  from  one  entry  in  his  account 
for  the  loss  sustained  by  him  and  "  be  the  frendis  of  Newbie,  in  horse, 
steilling  of  our  schiep,  hoching  of  my  oxin,  cutting  of  my  fischeing  nettis, 
cowing  of  my  horse  taills,  and  breking  of  my  multur  house,  and  steilling  of 
the  scheilling  and  meill,  steilling  of  my  plewches,  irnes  and  plewch  graith, 
and  layit  await  for  my  lyffe  ijm  m[erkis]." 1 

The  discharge  or  disbursement  side  of  the  account  of  the  tutor  shows 
that  he  had  taken  a  good  deal  of  trouble  on  behalf  of  the  minor  in  bringing 
Lord  Maxwell  to  justice,  and  also  in  making  up  the  feudal  titles  to  the  barony 
of  Johnstone  and  various  other  lands.  There  is  a  general  charge  made  by  the 
tutor  for  the  entertainment  of  Janet.  Mary,  and  Agnes  Johnstone,  daughters 
of  the  laird  of  Newbie,  for  three  years  at  the  rate  of  one  hundred  pounds, 
besides  gowns  for  the  young  ladies. 

After  these  accounts  of  the  tutor  were  lodged  in  the  Court  of  Session,  a 
litigation  ensued  regarding  their  final  adjustment,  the  friends  of  the  minor 
being  dissatisfied  with  the  management  of  the  tutor.  In  one  paper  relating 
to  the  accounts,  it  is  stated  that  for  the  space  of  ten  years  the  tutor  had  never 
all  the  time  of  his  intromissions  furnished  to  the  laird  of  Johnstone  or  his 
sisters  "  worthe  the  price  of  ane  pair  of  schoes."  He  took  possessfon  of 
Newbie  and  its  tower,  and  lived  there  with  his  family,  refusing  to  give 
it  up  to  the  curators.  Decree  of  ejectment,  however,  was  obtained  against 
him  and  his  family.2  But  apparently  this  decree  was  not  executed,  as  they 
continued  there  under  a  permit  previously  received  from  Mungo  Johnstone  of 
Howcleuch,  the  tutor's  brother,  who  claimed  a  right  to  the  lands  from  his 
brother,  to  remain  in  the  house  and  mill,  etc.,  till  their  "  elding  "  was  burnt.3 

1  2000  merks.     Original  account  in  Annandale  Charter-chest. 

2  29th  November  1621.    Annandale  Peerage  Minutes  of  Evidence,  1878,  p.  725. 

3  24th  November  1621.     Original  in  Annandale  Charter-chest. 


MARRIAGE  WITH  MARGARET  DOUGLAS,  1623.  clxxiii 

A  submission  for  a  settlement  of  the  questions  in  dispute  was  entered  into 
in  1621 51  but  it  was  only  in  1623  that  a  final  agreement  was  arranged 
by  which,  in  return  for  a  full  discharge  of  all  his  intromissions  as  tutor, 
Robert  Johnstone  of  Eaecleuch  with  his  eldest  son,  and  Eobert  Johnstone 
of  Howcleuch  as  representing  his  now  deceased  father,  Mungo,  gave  up  all 
claim  to  the  estate  and  mansion  of  Newbie  in  favour  of  James  Johnstone 
of  Johnstone.2  The  tutor  himself  died  in  the  following  year.  As  we  have 
seen,  the  young  chief  did  not  choose  any  of  the  kindred  of  his  mother, 
Sara  Maxwell,  to  be  curators  for  him.  This  shows  that  the  former  feeling  of 
hostility  between  the  two  houses  had  not  yet  given  place  to  one  of  friendship. 

In  December  1622  James  Johnstone  married  Margaret  Douglas,  eldest 
daughter  of  William  Douglas  of  Drumlanrig,  who  was  afterwards  created 
successively  Viscount  of  Drumlanrig  and  Earl  of  Queensberry.  The  marriage 
settlement  was  arranged  at  Edinburgh  on  27th  November  of  that  year,  and 
the  marriage  was  to  be  celebrated  before  1st  January  following.  Newbie 
Tower  was  given  as  the  residence  of  Margaret  Douglas  in  case  she  survived 
her  husband,  with  an  annuity  of  six  thousand  merks,  and  the  tocher  given 
with  her  by  her  father  was  eighteen  thousand  merks.3 

As  already  stated  at  the  close  of  the  preceding  memoir,  it  was  in  the  year 
1623,  fifteen  years  after  the  murder  of  Sir  James  Johnstone  and  ten  years 
subsequent  to  the  execution  of  John,  ninth  Lord  Maxwell,  that  a  reconcilia- 
tion between  the  Maxwells  and  Johnstones  took  place.  The  credit  of  bring- 
ing about  this  most  desirable  and  important  event  is  due  to  the  king.  That 
formality  and  public  testimony  might  be  given  to  the  reconciliation,  Eobert, 
Earl  of  Nithsdale,  Lord  Maxwell,  and  James  Johnstone  of  Johnstone  came 

1  16th  March  1621.    Charters  of  this  work,  great  first  Earl  of  Douglas  and  Mar,  who  was 
pp.  81-83.  owner    of     Drumlanrig    in    the    fourteenth 

2  22d  July  1623.     Double  of  Contract,  in  century.     As  will  be  seen  in  the  memoir  of 
Annandale  Charter-chest.  her  son,  he  was  married  also  to  a  descend- 

3  Original    Contract    of     Marriage,    ibid.  ant  of   the   same   first  Earl  of  Douglas  and 
Margaret  Douglas  was  a  descendant  of  the  Mar  through  the  Angus  line  of  descent. 


clxxiv         JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

before  the  council  and  "  choppit  hands  "  in  their  presence.  With  a  view 
to  having  every  mark  of  distrust  between  the  parties  removed,  the  king, 
with  the  consent  of  both  parties,  withdrew  the  exemption  formerly  granted 
to  the  Johnstones  from  the  ordinary  jurisdiction  of  the  Maxwells.1  If  this 
reconciliation  did  not  at  once  lead  to  friendship  between  these  two  per- 
sonages, it  at  least  terminated  their  feud. 

Some  years  later,  however,  the  Maxwells  appear  to  have  been  afraid  of  a 
renewal  of  the  feud  by  some  of  the  surname  of  Johnstone,  although  on 
what  ground  does  not  transpire.  This  is  evident  from  a  testificate  by  Sir 
John  Skene,  lord  clerk-register,  that  on  15th  June  1630,  surety  and  law- 
burrows  were  found  by  James  Johnstone,  William  Storie,  Eichard  Storie, 
John  Johnestoun  called  of  Milntoun,  and  William  Johnestoun  called  of 
Brorne,  his  servant,  that  Eobert,  Earl  of  Nithsdale,  Lord  Maxwell,  and  fifty- 
eight  others,  Maxwells,  Grahames,  Armstrongs,  and  Bells,  etc.,  and  their 
wives,  bairns,  men,  tenants,  and  servants,  should  be  harmless  and  uninjured.2 

The  exemption  of  the  Johnstones  from  the  ordinary  jurisdiction  of  the 
Earl  of  Nithsdale  was  subsequently  renewed  on  17th  November  1636,  on  the 
petition  of  James,  Lord  Johnstone,  to  the  privy  council  to  that  effect.  This 
was  done,  as  the  council  state,  for  certain  considerable  respects  mentioned 
in  the  petition.  Before  granting  the  exemption,  the  council  having  referred 
the  matter  to  the  king,  his  Majesty  replied  that  it  was  his  express  will  and 
pleasure  that  Lord  Johnstone  should  have  an  exemption  renewed  to  him  in 
as  ample  a  manner  as  the  former  one  was.3 

The  accounts  of  expenses  of  James  Johnstone,  kept  by  his  chamberlain, 
show  that  he  visited  Edinburgh  on  1st  June  1629.  The  journey  occupied 
two  days,  and  he  remained  in  the  metropolis  till  the  end  of  July.4    The 

1  Extract  from  Register  of  the  Privy  Coun-  ibid.     On  the  subject  of  exemption  of  John- 
cil  at  Terregles.  stone  from  the  Maxwell  jurisdiction,  further 

2  Original  Testificate  in  Annandale  Char-  details  are  given  in  The  Book  of  Carlaverock, 
ter-chest.  vol.  i.  pp.  335,  336. 

3  Fragment  extract  Act  of  Privy  Council,  4  Accounts  in  Annandale  Charter-chest. 


PURCHASE  OF  MOFFATDALE  AND  EVANDALE,   1629.  clxxv 

occasion  of  this  visit  appears  to  have  been  to  carry  out  the  final  arrangements 
for  the  purchase  from  John,  sixth  Lord  Herries,  of  the  lands  of  Moffatdale 
and  Evandale,  which  was  completed  while  he  was  there.  It  has  already  been 
noticed,  that  it  was  on  Sara  Maxwell,  Lady  Johnstone's  account,  that  Lord 
Herries  was  willing  James  Johnstone  should  become  the  purchaser  of  these 
lands,  and  that  his  lordship  had  stated  that  no  Johnstone  should  possess 
these  lands  but  such  as  he  was  content  with.  This  was  in  1609.  Twenty 
years  after,  on  16th  and  18th  July  1629,  three  several  contracts  were  entered 
into  between  John,  Lord  Herries,  and  his  son  John,  Master  of  Herries,  and 
James  Johnstone.  In  the  first  of  these  the  lands  of  Moffatdale  and  Evan- 
dale  were  sold  to  James  Johnstone  for  the  sum  of  twenty-seven  thousand 
merks.  The  second  contract  recites  the  terms  of  the  previous  one,  and 
subsumes  that  only  two  thousand  five  hundred  and  fifty  merks  of  the  price 
of  the  lands  had  been  actually  paid,  and  arranges  that  the  balance  be  paid  to 
certain  persons  named  therein.  The  third  contract  contains  an  assignation 
to  James  Johnstone  of  the  right  of  reversion  of  the  lands  of  Blacklaws  and 
Corrifirin,  comprehended  in  the  lands  of  Moffatdale  and  Evandale.1  The 
three  contracts  were  subscribed  by  Lord  Herries  at  Broughton,  and  by  the 
Master  of  Herries  and  James  Johnstone  at  Duddingston.  Besignation  of  the 
lands  of  Moffatdale  and  Evandale  in  favour  of  James  Johnstone  proceeded 
upon  the  contract  of  sale  on  24th  July  1629,  and  on  the  same  day  Johnstone 
received  a  crown  charter  of  the  lands.  Sasine  followed  upon  the  charter  on 
4th  August  1629.2  John,  Earl  of  Annandale,  appears  to  have  had  some 
intention  to  call  in  question  James  Johnstone's  right  to  the  lands  of  Moffat- 
dale and  Evandale.  A  summons  was  issued  at  the  instance  of  the  latter, 
charging  the  earl  to  appear  before  the  lords  of  council  and  session,  and  have 
the  right  of  property  declared.3  Nothing  further,  however,  seems  to  have 
been  done  in  the  matter.     During  his  stay  in  Edinburgh  in  June  and  July 

1  Original  Contract  in  Annandale  Charter-  2  Inventory  of  Annandale  Charters,  ibid. 

chest.  3  Original  summons,  ibid. 


clxxvi        JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

1629,  James  Johnstone  entertained  the  lairds  of  Elphinstone  and  Lamington 
to  dinner  at  Tranent,  attended  church  there,  visited  the  Earl  of  Wintoun  at 
Seton,  and  spent  the  night  at  Elphinstone.  He  and  his  wife,  who  apparently 
was  with  him,  lodged,  when  in  Edinburgh,  in  the  house  of  John  Johnstone. 
In  the  accounts  of  his  expenses  frequent  references  occur  to  payments  to 
the  poor  folk  "  at  your  honours  closeheidde."  He  often  entertained  friends 
to  supper,  not  in  his  own  apartments,  but  in  one  or  other  of  the  taverns  of 
the  town,  and  the  lairds  of  Lamington  and  Lag  and  the  Master  of  Herries 
were  his  frequent  companions. 

Johnstone  was  desirous  about  this  time  to  be  appointed  to  some  such 
official  post  about  the  Borders  as  his  predecessors  had  held,  so  as  to  maintain 
the  prestige  of  the  family,  and  he  solicited  to  this  end  the  assistance  of  his 
friend,  Sir  Eobert  Kerr,  with  the  king.  Sir  Eobert  applauding  his  desire, 
and  promising  to  watch  for  an  opportunity  to  further  it,  reminded  him  that 
he  had  still  youth  on  his  side,  and  encouraged  him  to  proceed  with  patience 
and  industry,  though  cautiously.1 

Johnstone  was  occasionally,  either  singly  or  conjointly  with  others, 
employed  in  judicial  or  justiciary  work,  a  few  instances  of  which  may  be 
mentioned.  On  4th  March  1624  he  received  a  commission  superscribed  by 
the  king  to  be  justice  for  the  trial  of  Thomas  Henderson  in  Corrie,  who  was 
charged  with  the  theft  of  sheep.2  In  April  1630  he  was  requested  by 
William  Graham,  seventh  Earl  of  Menteith,  then  justice-general  of  Scotland, 
in  his  Majesty's  name,  to  attend  a  justice-court  to  be  held  on  the  20th  at 
Jedburgh.  Not  only  were  malefactors  to  be  dealt  with,  but  measures  were 
to  be  taken  for  preserving  the  quiet  of  the  country,  and  this  required  the 
personal  presence  of  the  noblemen  and  gentlemen  of  that  quarter  of  the 
kingdom,  whereof  writes  the  earl,  "yow  ar  ane  speciall."3     Upon  another 

1  Vol.  ii.  of  this  work,  p.  29. 

2  Original  Commission  in  Annandale  Charter-chest. 

3  Vol.  ii.  of  this  work,  p.  30. 


LORD  JOHNSTONE  JOINS  THE  COVENANTERS,  1637.  clxxix 

Borders.  The  commissioners  were  empowered  to  hold  courts  for  the  trial 
and  condemnation  of  malefactors.1  In  1635  also,  Lord  Johnstone  was  one  of 
the  jury  at  the  trial  of  Lord  Balmerino.  The  charge  preferred  against  this 
nobleman  was  that  of  speaking  against  the  king  and  his  council  and  nobility 
in  a  supplication  to  the  king  by  certain  nobles  and  others  which  was  found 
in  his  possession.  Lord  Johnstone  voted  against  Balmerino  at  the  trial. 
The  latter  was  convicted,  and  his  case  was  remitted  to  the  king.2 

Baillie  mentions  that  in  the  autumn  of  1638  Lord  Johnstone  resented,  on 
the  part  of  his  country,  an  act  of  interference  by  the  mayor  of  Newcastle, 
which,  had  it  not  been  promptly  redressed,  might  have  precipitated  hostilities. 
Some  Scottish  horse-dealers  had,  as  was  their  wont,  attended  Maton  fair,  but 
in  leading  their  purchases  through  Newcastle,  they  were  stopped  by  the 
mayor,  and  the  horses  taken  from  them.  In  return  for  this  Lord  Johnstone 
caused  the  Borderers  to  stop  all  traffic  of  cattle  and  sheep  into  England. 
Meanwhile  the  Scots  represented  the  business  to  the  Marquis  of  Hamilton, 
desiring  him  to  take  immediate  action.  Seeing  him  hesitate,  they  told  him 
that  if  he  did  not  take  action,  they  would  go  themselves  without  delay, 
and  fetch  not  only  their  own  horses,  but  as  many  more.  Upon  this  the 
marquis  wrote  to  the  mayor  of  Newcastle,  who  at  once  delivered  up  the 
horses,  and  traffic  was  then  allowed  to  proceed  as  formerly.3 

In  the  struggle  between  the  king  and  his  Scottish  subjects,  which  began 
in  1637,  and  culminated  a  year  later  in  what  is  historically  known  as  the 
second  reformation,  Lord  Johnstone  joined  the  Covenanters  and  displayed 
much  activity  in  promoting  their  cause.  He  took  his  turn  in  attending  as 
a  commissioner  at  the  Tables  in  Edinburgh  which  represented  the  Covenanters 
in  their  negotiations  with  the  Scottish  Privy  Council.4 

1  State  Papers,  Domestic,  1635,  p.  510.  terians  appointed  to  attend  to  the  interests  of 

2  Row's  History  of  the  Church  of  Scotland,  the  Covenanters.     These  committees  sat  in 
Wodrow  Edition,  pp.  3S6,  387.  four   different   rooms,    or    at    four   separate 

3  Baillie's  Letters,  vol.  i.  p.  111.  Tables  in  the  Parliament  House,  and  from 

4  There  were  four  committees  of  presby-  this  circumstance  were  called  Tables.     Each 


clxxx      JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,   1608-1653. 

In  August  1638,  at  the  urgent  request  of  the  Earl  of  Home,  in  a  letter 
of  the  preceding  month,1  Lord  Johnstone  came  to  Edinburgh,  and  was  one 
of  those  who  signed  the  letter  from  the  Tables  on  28th  August  of  that 
year,  recommending  and  directing  the  presbyteries  to  choose  and  send  their 
commissioners  to  Edinburgh  for  the  holding  of  a  General  Assembly,  the 
king's  permission  to  hold  which  they  expected  shortly.2  Along  with  other 
lords  of  the  Covenant  he  subscribed  a  letter  written  at  this  time  to  the 
Covenanters  at  Aberdeen  by  the  Tables.  The  letter  is  entitled  "  Eor  informa- 
tion to  those  who  hes  subscryved  the  Covenant  in  Aberdeen."  3  Lord  John- 
stone also  joined  with  several  other  noblemen  in  a  written  representation 
and  remonstrance  to  the  Marquis  of  Hamilton,  the  king's  commissioner, 
against  forcing  of  the  swearing  of  the  king's  covenant  contrary  to  the  under- 
taking given  by  the  council.4 

A  list  of  Covenanters  and  non-Covenanters  in  the  parishes  of  the 
presbyteries  of  Lochmaben  and  Annan  shows  that  parties  were  all  but 
equally  divided,  there  being  1521  of  the  former  and  1513  of  the  latter; 
and  it  is  noticeable  that  in  Johnstone,  the  parish  with  which  Lord  Johnstone 
was  most  identified,  the  parishioners  were  all  Covenanters,  and  followed  the 
example  of  their  overlord.5  James,  Lord  Johnstone,  was  a  member  of  the 
famous  General  Assembly  held  at  Glasgow  in  November  1638.  The 
Assembly  met  in  the  Cathedral  of  St.  Mungo ;  and  Lord  Johnstone,  with  the 
other  lords  of  the  Covenant,  sat  with  the  elders  and  commissioners  from 
presbyteries  at  a  long  table  on  the  floor  of  the  cathedral.     Lord  Johnstone 

Table  or  committee  was  composed  of  four  per-  whole  kingdom. 

sons,  and  comprised  respectively  noblemen,  1  Original   letter   in   Annandale    Charter- 
gentlemen,  burgesses,  and  ministers.     There  chest. 

was  a  Table  of  last  resort  or  a  kind  of  second  2  Baillie's  Letters,  vol.  i.  pp.  471,  472. 

chamber.     That  chamber  consisted  of  one  in-  3  Row's  History  of  the  Church  of  Scotland, 

dividual  from  each  of  the  four  Tables.    These  p.  497. 

committees  acted  an  important  part  in  public  *  Records  of  the  Kirk  of  Scotland,  vol.  i. 

affairs  at  this  time  and  proved  a  powerful  p.  91.     Balfour's  Annals,  vol.  ii.  p.  29. 

organisation,  their  power  being  felt  over  the  G  List  in  Annandale  Charter-chest. 


CONTEST  WITH  REV.  GEORGE  BUCHANAN,  1639.  clxxxi 

attended  the  Assembly  in  his  capacity  as  an  elder  from  the  presbytery  of 
Middlebie.  He  was  one  of  the  nobles  on  the  committee  appointed  to  deal 
with  the  libel  against  the  bishop  of  Galloway.1  There  were  two  cases 
connected  with  this  Assembly  in  which  Lord  Johnstone  had  a  particular 
interest.  Mr.  George  Buchanan,  minister  of  Moffat,  was  cited  to  appear 
before  this  Assembly,  but  he  declined  their  authority.  He  was  cited  to 
appear  before  their  Commission  at  Kirkcudbright  on  8th  February  1639,  but 
disobeying  this  citation  also,  he  was  deposed  from  his  charge.2 

For  a  time  the  parish  church  at  Moffat  remained  vacant,  but,  upon  a 
petition  from  the  parishioners,  a  young  man,  Mr.  John  Leirmont,  was  proposed 
for  the  vacancy  by  the  patron.  Meanwhile  Buchanan  obtained  letters  in  his 
own  favour  from  the  king,  directed  both  to  Lord  Johnstone,  as  patron,  and  to 
Mr.  Piobert  Henderson,  as  moderator  of  the  presbytery  of  Lochmaben  and 
Middlebie,  discharging  them  from  proceeding  with  the  proposed  settlement 
of  Leirmont,  and  directing  them  to  maintain  Buchanan  in  Moffat.3 

Lord  Johnstone  refused  to  consent  to  have  Buchanan  replaced  in  Moffat 
church,  and  remained  unmoved  either  by  the  king's  letter  to  him  or  by  the 
threats  made  by  Buchanan  of  what  he  would  do  in  that  case.  The  king's 
letters  to  Lord  Johnstone  and  the  presbytery  are  dated  respectively  at 
Berwick  on  2d  and  13th  July  1639.  On  16th  July  the  presbytery  proceeded 
to  ordain  Mr.  Leirmont.  Lord  Johnstone  was  present  at  the  presbytery 
meeting,  and,  for  his  own  vindication,  took  instruments  that  Buchanan  had 
presented  to  them  the  letter  from  the  king,  which  they  confessed.  A  few 
days  previously,  at  the  presbytery's  meeting  at  Applegirth,  he  had  also  taken 
instruments  that  the  parishioners  who  had  come  to  seek  this  settlement  had 
not  done  so  at  his  instance,  but  of  their  own  accord.4     Mr.  Leirmont  was 


1  Records  of  the  Kirk  of  Scotland,  vol.  i.  pp.  109,  151. 

2  Extract  Sentence  of  Deposition  in  Annandale  Charter-chest. 

3  Vol.  ii.  of  this  work,  pp.  16,  17. 

4  Documents  in  Annandale  Charter-chest. 


clxxxii      JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1683. 

now  settled  as  minister  of  Moffat.  As  the  case  was  to  come  before  the 
General  Assembly  at  its  meeting  in  August,  Lord  Johnstone  prepared  a 
statement  of  the  case  against  G-eorge  Buchanan.  This  statement  contains 
a  long  catalogue  of  sins  and  crimes  alleged  against  him.  These  include 
Sabbath  profanation  by  gathering  in  the  grain  to  the  barnyard,  frequent 
drunkenness,  refusal  to  baptize  the  child  of  a  Covenanter,  praying  that  the 
Covenanters  might  be  converted  or  confounded,  comparing  them  to  Korah, 
Dathan  and  Abiram,  and  going  to  England  as  an  informer  against  Scotland. 

For  these  causes  Lord-  Johnstone  asked  condign  censure  on  Buchanan. 
Before  the  case  was  considered  by  the  church  court,  additions  were  made  to 
the  complaint  against  Buchanan,  including  simony,  striking  his  parishioners 
for  not  taking  off  their  bonnets  to  him,  and  instances  of  drunkenness  too 
grotesque  for  repetition,  with  various  other  delinquencies.  Buchanan's  deposi- 
tion was  confirmed  by  the  General  Assembly  26th  August  1639,  because  he 
declined  to  obey  the  former  Assembly  and  continued  in  his  contumacy.1 
This  parochial  contest  between  the  noble  patron  and  the  parson  of  Moffat, 
who  rejoiced  in  the  classical  name  of  George  Buchanan,  was  a  symbol  on  a 
small  scale  of  the  great  national  struggle  which  then  engaged  the  Covenanters 
and  anti-Covenanters  throughout  Scotland. 

From  the  other  case  in  the  1638  Assembly,  in  which  Lord  Johnstone 
was  specially  interested,  it  will  be  seen  that  Mr.  George  Buchanan  was  not 
the  only  minister  of  Moffat  with  whom  his  lordship  had  a  variance.  In  the 
accusations  against  Mr.  Buchanan  above  summarised,  it  is  alleged  that  he 
was  guilty  of  simony  in  having  procured  the  benefice  of  Moffat  through 
purchase  or  otherwise,  from  Mr.  Walter  Whytford,  the  former  minister  of 
the  parish.  Lord  Johnstone  complained  of  Whytford  for  obtaining  unduly 
leases   of  teinds  of  several  lands  in  the  parish,  and  thereby  making  his 

1  Documents  in  Annandale  Charter-chest.  sterling  on  account  of  his  loyalty  and  suffer- 
After  the  Restoration  he  received,  on  22d  ings.  [Acts  of  the  Parliaments  of  Scotland, 
May  1661,  from  Parliament  a  grant  of  £100       vol.  vii.  p.  234.] 


RAISES  A  REGIMENT.  clxxxiii 

lordship  pay  more  than  his  due  proportion  of  teind  duty  and  other  burdens, 
including  the  rebuilding  or  repairing  of  the  "  Quere  "  of  the  church.1 

Mr.  Whytford,  who  was  afterwards  made  bishop  of  Brechin,  resolved  to 
obey  the  order  by  the  king  that  the  Service  Book  should  be  read  in  all  the 
churches,  although  he  was  advised  by  his  friends  not  to  do  so.  He  went  early 
to  the  pulpit  with  his  wife  and  servants,  all  armed  with  pistols,  etc.,  and 
closed  the  church  door  before  many  of  the  people  had  arrived,  and  read  the 
Service  Book.  As  soon  as  he  appeared  again  outside_  he  was  mobbed,  and 
was  compelled  to  flee  to  save  his  life.  He  was  afterwards  deposed  on 
several  grounds  by  the  General  Assembly.2 

The  proceedings  of  Lord  Johnstone  both  at  the  Tables  and  at  the  Assembly, 
apart  from  the  personal  interest  he  had  in  the  two  cases  now  described,  show 
how  firmly  he  agreed  with  the  Covenanters  in  their  ecclesiastical  procedure. 
He  as  actively  and  zealously  assisted  them  in  the  measures  they  were  com- 
pelled to  take  in  support  of  their  principles.  When  forces  were  being  raised  to 
meet  the  English  army  with  which  King  Charles  the  First  was  marching  against 
his  Scottish  subjects,  Lord  Johnstone  raised  a  regiment  in  his  own  country, 
and  was  placed  in  command  of  the  Scottish  garrison  which  was  set  to  watch 
the  English  at  Carlisle.  This  garrison  was  apparently  located  at  Annan,  as 
in  the  English  reports  during  January  and  February  1639  Johnstone  is  said 
to  be  lying  ten  miles  from  Carlisle,  but  that  personally  he  had  been  in  that 
town  a  good  deal  of  late  viewing  it  from  all  parts.3  About  this  time  the 
Covenanters  resolved  to  surprise  and  take  possession  of  all  the  fortresses 
throughout  the  country  which  were  held  by  those  friendly  to  the  king.     The 

1  Documents  in  Aunandale  Charter-chest.        Committee  of  Estates,  Johustone  at  this  time 

2  Records  of  the  Kirk  of  Scotland,  vol.  i.       Maintailled  uP°n  the  Borders  for  six  ™eks  * 

pp.  26,  27  ;  Baillie's  Letters,  vol.  i.  pp.  41,       horse  watch'  twenty-fonr  *  °™ber,  '»  each 
..    ...  of  whom   he  paid  24s.   Scots  per  day.     In 

August  this   troop   was  increased  to   sixty 

3  State     Papers,    Domestic,    1638-1639,       horse  for  fifteen  days  [Account  in  Annan- 
pp.   3S6,    457.      By   instructions    from   the       dale  Charter-chest]. 


clxxxiv      JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653 

castle  of  Carlaverock,  on  the  Solway,  was  the  only  stronghold  which  they 
failed  to  get  into  their  hands.  The  taking  of  this  castle  was  intrusted  to  Lord 
Johnstone,  to  whom  the  task  would  be  congenial,  as  it  was  the  principal 
dwelling  of  his  rival  the  Earl  of  Mthsdale.  Johnstone,  who  it  appears  had 
promised  some  great  exploit  in  the  accomplishing  of  his  task,  was  not  to 
blame  for  the  failure  which  attended  his  efforts.  The  castle  was  strong  and 
well  kept,  and  the  taking  of  it  would  have  required  cannon,  with  which 
Johnstone  was  not  provided,  and  which  could  not  have  been  brought  from 
Edinburgh  castle  without  the  cost  of  too  much  time  and  expense.  Besides, 
the  forces  under  the  command  of  Johnstone  were  not  so  numerous  as  those 
employed  in  the  defence  of  the  castle.  The  truth  was  that  the  Covenanters 
in  resolving  to  take  the  castle  of  Carlaverock  miscalculated  its  strength.1 

As  is  well  known,  the  Scots  Covenanters,  in  order  to  keep  on  good  terms 
with  their  English  fellow-subjects,  and  to  repel  the  accusations  of  treason  and 
rebellion  made  against  them  by  the  king's  advisers,  printed  their  defence  and 
circulated  it  among  the  English  in  the  form  of  a  pamphlet.  Lord  Johnstone 
forwarded  copies  of  the  pamphlet  to  the  mayor  of  Carlisle,  John  Aglionby, 
and  also  to  the  custumar,  for  circulation ;  but  these  they  impounded.  One  of 
Lord  Johnstone's  colporteurs,  however,  ventured  as  far  as  Penrith  on  what 
the  mayor  designates  "  his  saucy  enterprise." 2 

It  is  not  clear  whether  Lord  Johnstone  and  his  men  went  with  the  Scot- 
tish army  which  advanced  to  Duns,  in  the  month  of  June,  or  remained  to 
guard  the  western  road  from  England.  While  the  army  lay  on  the  Borders, 
efforts  were  made  by  certain  Scottish  nobles  of  the  king's  party  to  draw  away 
Lord  Johnstone  from  the  Covenanters.  In  a  letter  to  the  English  secre- 
tary, Windebank,  from  his  son,  who  was  with  the  king  at  Berwick,  it  is 
stated  that  the  Earls  of  Boxburgh  and  Traquair,  having  been  received 
into  great  favour,  had  undertaken  to  bring  over  to  his  Majesty's  party  Lord 

1  Baillie's  Letters,  vol.  i.  p.  196. 

2  State  Papers,  Domestic,  1638-1639,  pp.  511-513. 


LETTER  BY  JOHNSTON  OF  WARRISTON,  1639.  clxxxv 

Home  and  Lord  Johnstone,  two  personages,  he  adds,  no  question  of  very 
great  consideration,  if  by  the  power,  or  rather  wills,  of  their  undertakers  they 
may  be  wrested  to  the  king's  service.1  The  efforts  of  the  two  earls  were  not 
immediately  successful,  but  they  seem  to  have  borne  fruit  later.  They  aimed 
at  getting  Lord  Johnstone  into  personal  contact  with  the  king  by  coming  to 
court.  But  his  lordship  was  dissuaded  from  this  by  Mr.  Archibald  John- 
ston of  Warriston,  who  wrote  to  him  on  2d  January  1639  as  follows  : — 

"  Rather  do  nobly,  as  my  lord  of  Montrose  has  done,  who  having  received  a 
letter  from  the  king  himself  to  go  up  with  diligence  to  his  court,  convened  some 
of  the  nobility,  showed  unto  them  both  his  particular  affairs  and  the  king's  com- 
mand, and  that  according  to  his  covenant  of  following  the  common  resolution,  and 
eschewing  all  appearance  of  divisive  motion,  nobly  has  resolved  to  follow  their 
counsel,  and  has  gone  home  to  his  own  house,  and  will  not  go  to  court  at  all."  2 

In  August  1639,  Lord  Johnstone  probably  attended  the  Assembly  as  a 
member,  as  well  as  in  pursuit  of  his  action  against  George  Buchanan.  He 
certainly  attended  the  parliament  which  was  held  at  Edinburgh  at  the  same 
time,  and  at  the  riding  of  it  a  dispute  seems  to  have  arisen  between  him  and 
Lord  Kirkcudbright,  who  was  obliged  to  ride  behind  Lord  Johnstone,  but 
who  protested  in  parliament  for  his  right  to  take  precedence  of  him.3 

In  the  following  year,  1640,  when  the  Covenanters  found  it  necessary  to 
reassemble  their  army,  Lord  Johnstone  was  one  of  the  estates  who  signed  the 
commission  to  Sir  Alexander  Leslie  of  Balgony  to  be  lord-general  of  all  the 
Scottish  forces.4  He  was  present  at  the  meeting  of  the  parliament  held  in 
June,  and  was  appointed  on  a  committee  to  consider  the  commissariot  of  the 
army.5  He  apparently  then  went  home  to  prepare  for  the  campaign,  and 
from  English  sources  we  find  that  he  was  expected  to  bring  a  contingent  of 

1  State  Papers,  Domestic,  1639,  p.  268.  4  The  Melvilles,  Earls  of  Melville,  and  the 

2  Montrose  and  the  Covenanters,  by  Mark  Leslies,  Earls  of  Leven,  vol.  iii.  pp.  164-166. 
Napier,  vol.  i.  pp.  300,  301. 

3  Acts   of   the   Parliaments  of    Scotland,  5  Acts  of    the    Parliaments   of    Scotland, 
vol.  v.  pp.  251,  254.  vol.  v.  pp.  258,  264. 

VOL.  I.  2  A 


clxxxvi      JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,   1608-1653. 

eight  hundred  men  to  Jedburgh  on  July  15  th.  A  fortnight  later  he  was 
at  Hawick,  but  was  obliged  to  return  home,  as  were  also  the  Earls  of  Loudoun 
and  Argyll,  to  take  measures  for  protecting  the  country  against  a  threatened 
invasion  of  the  Irish.  Two  weeks  later,  on  August  12th,  he  is  reported  to 
have  come  to  Jedburgh  with  five  or  six  thousand  men,  but  whether  foot  or 
cavalry  the  narrator  could  not  say. 

On  the  17th  of  that  month  Lord  Johnstone  was  at  Lochwood,  where  he 
made  his  will  and  settlement  of  his  affairs,  being  "  now,  God  willing,  purpoisit 
to  go  on  with  the  armie  whithersoevir  the  samin  is  boun,"  and  that  he  might 
be  ready  to  "  encounter  death  whensoevir  at  the  pllesour  of  God  it  sail 
hapen."  He  had  then  two  sons  and  four  daughters,  whose  names  he 
mentions,  and  for  whom  he  says  he  has  that  day  made  provision.1  He  made 
a  new  will  at  Edinburgh  on  25th  November  following  in  the  same  terms, 
only  adding  a  reference  to  the  portions  that  might  fall  to  the  younger 
children  in  the  event  of  the  decease  of  their  mother,  Lady  Margaret  Douglas, 
as  well  as  of  himself.2  In  both  these  wills  he  appoints  that,  wherever  he 
might  die,  his  burial  should  take  place  within  the  kirk  of  Johnstone,  his  body 
being  transported  thither.     He  also  appoints  tutors  for  his  children. 

In  the  same  month  of  August,  however,  Lord  Johnstone  was  at  Cumber- 
nauld with  Montrose  and  some  others,  who  there  entered  into  a  mutual 
bond  of  defence,  which  was  undoubtedly  undertaken  in  the  interests  of  King 
Charles  and  against  the  Covenanters.  Lord  Johnstone  signed  the  Cumber- 
nauld Bond,  as  it  was  called  ; 3  but  as  the  transaction  soon  afterwards  came 
to  light,  and  was  dealt  with  as  treasonable  and  publicly  burnt  by  the  parlia- 
ment, the  bonders  were  obliged  in  January  1641  to  sign  a  declaration  that 

1  Annandale  Peerage  Minutes  of  Evidence,       the  Covenanters,"  vol.  i.  pp.  325,  326,  and 

1881,  p.  1055.  "Memoirs  of  the  Marquis  of  Montrose,"  vol.  i. 

pp.    209  n.,  270.       The    other    subscribing 
Original  in  Annandale  Charter-chest.  ^^  ^  ^  bond  besides  Lord  Johnstone 

3  The  Cumbernauld  Bond  is  printed  in  full       are  Montrose  and  seventeen  other  friends  of 
by  Mark  Napier  in  his  works  "  Montrose  and       Montrose. 


LORD  JOHNSTONE  ATTENDS  THE  PARLIAMENT  OF  1641.         clxxxvii 

they  had  done  so  under  a  misapprehension,  and  that  they  not  only  were  not 
accessory  to  any  other  bonds  save  the  National  Covenant,  but  would  also 
eschew  all  occasions  which  might  give  cause  of  offence  to  the  public.1 

Lord  Johnstone  did  not  accompany  the  Scottish  army  into  England 
which  immediately  after  entering  was  engaged  in  the  battle  of  Newburn 
and  capture  of  Newcastle.  These  events  were  followed  by  negotiations 
for  peace,  which  were  protracted  for  a  year,  during  which  the  Scots 
retained  possession  of  Newcastle,  and  the  greater  part  of  the  nobles  who  had 
accompanied  the  expedition  were  free  to  return  to  their  parliamentary  and 
other  duties.  As  already  noticed,  Lord  Johnstone  was  in  Edinburgh  in 
November  1640,  and  in  the  January  following  he  was  present  at  the  meeting 
of  parliament.  Lord  Johnstone  attended  several  other  meetings  of  the 
parliament  during  the  year  1641,  over  the  principal  of  which  the  king 
presided.  This  parliament  began  on  15th  July  and  continued  until  17th 
November,  and  was  an  eventful  one.  During  the  session  Lord  Johnstone 
was  employed  in  various  ways.  On  28th  July  he  was  placed  upon  the 
committee  for  bills,  and  also  upon  another  committee  of  six  of  each  of  the 
estates,  who  were  directed  to  deal  with  the  cases  of  the  "  incendiaries  "  then 
in  ward,  of  whom  the  Earl  of  Montrose  was  one.  Later,  on  14th  September, 
he  joined  with  the  Earls  of  Annandale  and  Queensberry  and  others  of  his 
neighbours  in  petitioning  the  parliament  not  to  allow  Cochrane's  regiment, 
which  had  been  placed  at  Dumfries  for  the  defence  of  the  Borders,  to  be 
removed  under  the  General  Disbanding  Act.  To  this  petition  two  days  later 
the  parliament  replied  by  binding  over  the  petitioners  to  keep  the  country  free 
from  injury  from  the  garrison  of  Carlisle,  and  Cochrane's  regiment  was  ordered 
to  proceed  to  the  Borders,  and  to  get  four  days'  provisions  from  the  country 
for  their  march.  Before  the  parliament  rose,  Lord  Johnstone  himself  tendered 
a  petition  for  the  payment  of  the  "  officers  of  fortune  "  who  had  served  in  his 

1  Baillie's  Letters,  vol.  ii.  pp.  46S,  469.  Those  subscribing  this  declaration  were  Montrose, 
Johnstone,  and  ten  others. 


clxxxviii      JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

regiment  during  the  campaign,  which  was  at  once  given  effect  to,  parliament 
ordering  that  these  officers  in  Lord  Johnstone's  regiment  should  have  full  pay 
given  them.  On  an  earlier  application  to  the  committee  for  the  army,  some 
question  was  raised  as  to  the  power  of  the  committee  to  do  what  Lord  John- 
stone asked,  while  they  thought  he  should  explain  his  not  going  out  with  the 
army,  and  other  points  in  his  petition.  The  account  presented  to  the  com- 
mittee of  estates  of  the  payments  due  to  his  regiment  for  eight  months,  from 
December  1639,  mentions  one  lieutenant-colonel,  one  major,  two  captains, 
three  lieutenants,  and  two  sergeants.  The  total  of  two  parts  of  the  pay  of  these 
officers  for  the  time  stated  is  £3756,  6s.  8d.  Of  this  sum  the  public  are  held 
to  be  liable  only  for  the  months  of  December  1639  and  January  1640,  and 
the  remainder  is  charged  against  the  shire.  There  is  a  charge  for  a  horse 
watch  kept  upon  the  Border  by  Johnstone  in  1639,  numbering  twenty- 
four,  for.  six  weeks ;  and  also  for  another  horse  watch,  consisting  of  sixty 
horse,  kept  by  Johnstone  on  the  Border  for  fifteen  days.  There  are  also 
statements  of  pay  to  the  regiment  from  1st  August  1640  to  1st  September 
1641,  "being  threttein  moneths  at  the  lyik  pay  as  the  officers  was  pyed  in 
England."  These  include  payments  for  a  colonel,  a  lieutenant-colonel,  two 
captains,  seven  lieutenants,  seven  ensigns,  fourteen  sergeants,  six  captains-at- 
arms,  fourteen  drummers  and  pipers,  one  minister,  one  quartermaster,  one 
"scriver,"  one  drum-major,  and  one  provost-marshal.  The  sum  due  to 
Johnstone  for  the  pay  of  these  for  the  thirteen  months  is  given  as 
£29,181,  8s.  4d.  The  account  was  still  unpaid  in  1648.  On  14th  January 
of  that  year  a  sub-committee,  to  whom  it  was  remitted,  reported  to  the 
committee  of  estates  that  they  had  taken  the  Earl  of  Hartfell's  word  of 
honour  that  the  number  of  officers  and  their  pay  were  correctly  stated  in 
the  account.  The  account  was  thereupon  declared  a  public  debt  due  by  the 
kingdom  to  the  Earl  of  HartfelL1 

1  Account    in   Annandale  Charter-chest.    Acts  of  the  Parliaments  of  Scotland,  vol.  v. 
passim  ;  Balfour's  Annals,  vol.  iii.  pp.  2,  5,  22,  44,  65,  160,  165. 


HIS  SECOND  MARRIAGE,  1643.  clxxxix 

Lord  Johnstone  was  married  to  his  second  wife,  Elizabeth,  daughter  of 
the  late  Sir  Samuel  Johnstone  of  Elphinstone,  Knight  Baronet,  in  1643. 
The  contract  of  marriage,  which  is  entered  into  between  James,  Lord  John- 
stone of  Lochwood,  and  Dame  Elizabeth  Johnstone,  is  dated  at  the  Canongate 
on  6th  March  of  that  year.  It  provides  for  the  celebration  of  the  marriage 
between  the  date  of  the  contract  and  the  1st  of  May  following.  Lord  John- 
stone obliged  himself  to  infeft  Elizabeth  Johnstone  in  the  liferent  of  the 
mains  of  the  barony  of  Newbie,  with  the  tower  thereof,  and  also  in  an 
annualrent  of  2500  merks  out  of  the  lands  and  barony  of  Newbie  and  lands 
of  Dunskellie,  or  out  of  any  part  of  the  same,  at  the  option  of  Elizabeth 
Johnstone,  who  accepts  the  same  in  lieu  of  all  other  liferent  and  conjunct 
fee,  and  of  all  terce  lands  and  third  of  movable  goods  that  may  fall  to  her 
through  the  death  of  Lord  Johnstone,  and  she  appoints  him  her  cessioner 
and  donator  in  all  bonds  and  obligations  granted  to  her,  and  in  all  goods  and 
plenishings  pertaining  to  her,  with  power  to  him  to  use  and  dispone  the  same.1 


CHAPTER   THIRD. 

Lord  Johnstone  created  Earl  of  Hartfell,  1643 — Montrose's  Raid  on  Dumfries,  1644 — 
Hartfell  warded  in  Edinburgh — Liberated  on  payment  of  £1000  sterling,  1645 — 
Joins  Montrose  at  Philiphaugh — Trial  at  St.  Andrews,  December  1645 — Sentenced  to 
death — His  life  saved  by  Argyll — Remission  of  balance  of  his  fine. 

Although  in  a  formal  manner  Lord  Johnstone  dutifully  acknowledged  the 
bounty  of  the  king  in  bestowing  on  him  the  peerage  of  Lord  Johnstone  of 
Lochwood,  his  lordship  considered  he  was  entitled  to  a  higher  dignity  of 
honour.  This  appears  from  his  correspondence  with  Sir  Eobert  Kerr  of 
Ancram,  who  was  created  Earl  of  Ancram  at  the  same  time  that  Johnstone 
was  created  Lord  Johnstone.  Lord  Ancram,  who  was  a  favourite  of  King- 
Charles  the  First,  and  held  office  at  court,  recommended  Lord  Johnstone  to 
1  Original  Contract  in  Annandale  Charter-chest. 


CXC  JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

have  patience,  especially  as  his  Majesty  had  so  recently  "  shutt  his  hand," 
and  that  his  lordship  was  too  long  in  starting.1  In  another  of  his  letters  Lord 
Ancrani  adds  that  if  it  were  in  his  power,  Lord  Johnstone  should  be  "  at  the 
topp  off  honour ;  "  but  the  king  was  not  of  the  humour  to  do  things  so,  and 
must  have  time  to  be  solicited  and  consider  of  matters  before  he  do  them.2 

After  a  lapse  of  ten  years,  Lord  Johnstone  was  advanced  in  the  peerage  to 
the  dignity  of  Earl  of  Hartfell,  Lord  Johnstone  of  Lochwood,  Moffatdale,  and, 
Evandale.  The  patent  of  the  creation  of  these  peerages,  which  passed  under 
the  great  seal  and  is  superscribed  by  the  king,  is  dated  at  the  king's  palace  at 
Oxford,  on  the  18th  of  March  1643.  The  patent  narrates  the  previous  patent 
of  Lord  Johnstone,  dated  20th  June  1633,  and  recites  the  "  many  conspicuous 
services  "  referred  to  therein.  It  further  narrates  that  Lord  Johnstone,  since 
receiving  that  patent,  had  remained  true  and  faithful  in  his  duty  to  his 
Majesty,  and  had  shown  sufficient  proof  thereof,  so  that  he  had  given  the  king 
the  greatest  satisfaction,  and  thereby  consulted  the  peace  and  prosperity  of 
the  realm  of  Scotland.  His  Majesty,  therefore,  with  a  view  to  stimulate  and 
encourage  him  and  his  heirs  to  persevere  in  the  performance  of  such  excellent 
services,  created  him,  and  his  heirs-male,  Earls  of  Hartfell,  Lords  Johnstone 
of  Lochwood,  Moffatdale,  and  Evandale.3  As  already  stated,  these  new 
honours  were  all  taken  from  territories  which  had  for  ages  been  conspicuous 
possessions  of  the  noble  families  of  Maxwell  and  Hemes.  This  fact  fur- 
nishes a  striking  instance  of  the  vicissitudes  to  which  all  families  are 
more  or  less  subject.  In  the  present  instance,  the  son  and  successor-  of  Sir 
James  Johnstone,  who  was  slain  by  Lord  Maxwell  in  1608,  within  less  than 
a  quarter  of  a  century,  acquires,  by  equitable  purchase  from  the  Lord  and 
Master  of  Hemes,  some  of  the  oldest  possessions  of  that  distinguished  house, 

1  Vol.  ii.  of  this  work,  p.  290.  5,  6.     The  original  patent  was  delivered  to 

2  ivj  oi    qo  *^e  -^ar^  °^  Hartfell  by  John,  first  Earl  of 

•  pf'       !    -•  Loudoun,  chancellor,  on  2d  June  1643.    [Ex- 

3  Charters  of  this  work,  pp.  88-90  ;  Annan-       tract  Act   of   Privy   Council    in  Annandale 
dale  Peerage  Minutes  of  Evidence,  1825,  pp.       Charter-chest.] 


THE  TITLES  OF  HARTFELL,  MOFFATDALE,  AND  EVANDALE.         cxci 

and  in  a  few  years  later  obtains  from  King  Charles  the  First  the  earldom  of 
Hartfell  and  the  lordships  of  Moffatdale  and  Evandale. 

When  William  Douglas,  Viscount  of  Drumlanrig,  was  advanced  in  1633 
to  be  Earl  of  Queensberry,  he  took  his  new  designation  from  Queensberry 
Hill,  in  Dumfriesshire,  which  from  its  summit,  2285  feet  above  sea  level, 
commands  extensive  prospects  both  in  Annandale  and  Nithsdale,  and  is 
itself  a  commanding  object  for  many  miles  around. 

The  titles  of  Hartfell,  Moffatdale  and  Evandale  were  happily  selected. 
Hartfell  is  2651  feet  above  the  level  of  the  sea  and  is  one  of  the  loftiest 
heights  in  the  Moffatdale  range  of  mountains,  which  are  the  highest  in  the 
South  of  Scotland.  The  dale  through  which  the  Moffat  water  runs  to  its 
junction  with  the  Annan  is  known  by  the  name  of  Moffatdale,  and  is 
remarkable  for  its  wildness  and  beauty.  Near  the  centre  of  the  dale  there 
issues  from  Loch  Skene  one  of  the  finest  cascades  in  the  country,  popularly 
known  as  the  "  Grey  Mare's  Tail "  from  the  white  appearance  of  the  water 
dashing  down  like  foam  from  the  high  hill  of  Corrifin  on  the  north  side  of 
the  valley  The  mountains  of  Moffatdale  contain  many  recesses  or  caves, 
which  were  places  of  hiding  and  shelter  in  the  times  of  religious  persecution. 
Sir  Walter  Scott  in  his  novel  of  "  Eedgauntlet "  and  other  works  makes 
reference  to  the  high  hills  of  Moffatdale ;  and  the  Ettrick  Shepherd's  romantic 
tale  of  "  The  Brownie  of  Bodesbeck  "  is  well  known.  Evandale  also  inspired 
the  Muse  of  Wordsworth  in  a  beautiful  ode  to  Avon  water.  One  of  the 
large  ranges  in  Moffatdale  is  Polmudie  or  Polbuthie,  a  large  grazing  farm. 
After  one  of  his  famous  battles,  in  which  the  good  Sir  James  Douglas  did 
great  service  to  Bruce,  the  king  granted  him  a  charter  of  these  lands.  The 
original  charter  is  still  preserved  in  the  Douglas  charter-chest,  and  by  the 
courtesy  of  the  present  Earl  of  Home,  a  lithograph  of  it  is  given  in  the 
present  work.1 

In  1644,  the  year  following  his  advancement  in  the  peerage,  the  Earl  of 
1  Charters  of  this  work,  p.  8. 


CXCii        JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

Hartfell's  loyalty  to  the  king  and  his  separate  loyalty  to  the  covenanting 
party  were  put  to  the  test.  The  king  had  broken  with  the  English  parlia- 
ment, and  the  parliament  of  Scotland  resolved  to  side  with  the  parliament  of 
England.  In  the  beginning  of  January  the  earl  attended  the  meeting  of  the 
Scottish  parliament.  This  parliament  authorised  the  despatch  of  the  Earl  of 
Leven  to  the  Borders  to  lead  the  Scottish  army  into  England.  It  also 
appointed  the  Earl  of  Hartfell  to  be  colonel  within  the  bounds  of  the 
Stewartry  of  Annandale,  and  recommended  him  to  have  a  special  care  to 
preserve  the  peace  of  that  country.1  The  earl  appears  to  have  been  residing 
at  Newbie  Tower,  when,  in  the  middle  of  April,  Montrose,  now  acting  for 
the  king  as  his  lieutenant-general  in  Scotland,  made  a  clash  across  the 
Scottish  Border  and  unfurled  the  royal  standard  in  Dumfries.  But  this 
move  was  a  rash  one  on  the  part  of  Montrose,  as  he  was  immediately  there- 
after obliged  to  retreat  to  Carlisle. 

The  Earl  of  Hartfell  was  certainly  connected  with  this  hasty  raid  by 
Montrose,  and  he  was  thereby  brought  into  trouble  with  the  estates.  There 
are  two  versions  of  the  story  of  his  connection  with  it.  Montrose  declared, 
and  Captain  John  M'Culloch  afterwards  confirmed  his  declaration,  "that  he 
had  assurance  from  the  Earl  of  Hartfell  of  his  assistance  and  raisins;  the 
country  in  his  favour,  but  that  the  earl  deceived  him,  having  promised  from 
day  to  day  to  draw  up  his  men,  and  yet  did  nothing  but  proved  the  traitor  ; 
and  further  he  said  he  thought  to  have  betrayed  him  by  drawing  him  to  his 
house."  In  sending  his  report  to  the  king  by  Lord  Ogilvy,  who  was  taken 
prisoner  by  the  way,  Montrose  charges  him  to  inform  his  Majesty  of  the 
carriage  of  Hartfell  and  others,  "  who  refused  his  Majesty's  commission 
and  debauched  our  officers ;  doing  all  that  in  them  lay  to  discountenance 
the  service  and  all  who  were  engaged  in  it."  2  Guthrie,  too,  mentions  the 
Earl  of  Hartfell  as  being  at  this  time  a  favourer  of  the  royal  cause.3 

1  Acts  of  tbe  Parliaments  of  Scotland,  vol.  vi.  part  i.  pp.  60,  61,  63,  69,  70,  73. 

2  Napier's  Memoirs  of  Montrose,  vol.  ii.  pp.  400,  407.        3  Bishop  Guthrie's  Memoirs,  p.  126. 


ARRESTED  BY  THE  COMMITTEE  OF  ESTATES,  1644.  cxciii 

Montrose,  with  his  ardent  temperament,  was  no  doubt  keenly  chagrined 
in  being  baffled  in  his  first  attempt  to  raise  the  royal  standard  under  his 
commission  from  the  king.  On  his  retreat  from  Dumfries  he  reported  to 
the  king,  as  already  shown,  that  Hartfell  had  refused  to  recognise  his 
Majesty's  commission  to  Montrose.  But  Hartfell  was  not  the  only  nobleman 
who  failed  to  join  Montrose  in  his  hurried  attempt  to  raise  the  royal  standard 
immediately  on  his  receiving  the  royal  commission.  Although  Montrose,  in 
his  report  to  the  king  about  the  Scotch  noblemen  who  "  stumbled  his  service," 
mentions  Hartfell  first,  his  name  is  followed  by  those  of  Morton,  Eoxburghe, 
and  Traquair,  as  having  also  refused  his  Majesty's  commission  and  debauched 
his  officers.  Montrose  likewise  reported  to  the  king  that  the  Earls  of 
Crawford  and  Mthsdale  crossed  his  business  and  abused  him,  to  the  great 
scandal  and  prejudice  of  the  service.  The  Earl  of  Hartfell  was  thus  in  goodly 
company  in  the  alleged  charge  against  him  of  refusing  to  support  Montrose 
as  the  king's  lieutenant-general  in  Scotland. 

In  vindication  of  himself,  the  Earl  of  Hartfell  denied  the  charges  which 
Montrose  made  against  him,  and  affirmed  that  on  his  invasion  Montrose  sent 
a  party  to  Hartfell's  house  to  seize  him,  and  that  he  with  great  difficulty 
escaped.  He  also  pointed  to  the  intercepted  instructions  of  Montrose  as 
evidently  showing  what  his  carriage  was  at  that  time  and  how  much  he  was 
disaffected  to  that  way.1 

In  the  conflict  of  evidence  the  committee  of  estates,  who  found  it  needful 
to  adopt  stringent  measures  in  the  circumstances,  arrested  the  Earl  of  Hartfell 
and  also  the  laird  of  Amisfield  and  the  provost  of  Dumfries.  This  was  in  the 
middle  of  May,  and  before  they  had  heard  Captain  M'Culloch's  narrative  or 
received  the  intercepted  letters,  so  that  they  must  have  acted  on  separate 
information.  The  earl  was  placed  in  ward  in  Edinburgh  Castle.  On  3rd  June 
the  estates  remitted  his  depositions  to  the  parliament.  When  parliament  met 
in  June  1644,  he  petitioned  the  house  either  to  be  put  to  trial,  or  to  be  set  at 

1  Petition  of  Earl  of  Hartfell,  c.   1G46,  in  Annandale  Charter-chest. 
VOL.  I.  %  B 


CXCiv      JAMES  JOHNSTONE,  FIEST  EARL  OF  HARTFELL,  1608-1653. 

liberty.  At  the  same  time  several  lords  and  gentlemen  asked  permission  to 
visit  the  earl.  On  the  19  th  of  that  month,  he  again  petitioned  to  the  same 
effect,  stating  that  he  had  now  been  in  prison  for  five  weeks.  Two  days  later 
the  house  held  the  petition  to  be  reasonable,  and  ordained  the  earl  and  the 
laird  of  Amisfield  to  be  put  to  trial,  as  soon  as  the  affairs  of  the  parliament 
would  permit.  On  2d  July,  three  members  of  each  of  the  three  estates, 
including  the  Marquis  of  Argyll,  were  appointed  to  try  them  and  the  provost 
of  Dumfries.  On  the  following  day  permission  was  granted  to  the  Countess 
of  Hartfell  to  remain  with  her  husband  in  the  castle  during  the  pleasure 
of  the  parliament. 

No  further  progress  was  made  with  his  case,  and  the  earl,  fearing  lest  the 
house  should  terminate  its  labours  without  overtaking  his  trial,  and  thus 
continue  him  a  prisoner,  again,  on  18th  July,  petitioned  parliament  to  sub- 
stitute another  nobleman  for  Argyll  on  the  committee  (who  was  probably 
too  busy  to  attend  to  it),  or  that  he  might  be  liberated  on  sufficient  caution 
before  the  close  of  the  session.  To  the  former  the  house  agreed  by  naming 
the  Earl  of  Dunfermline  in  place  of  the  Marquis  of  Argyll,  and  ordained  the 
committee  to  meet  next  day  at  7  a.m.  But  the  ordinance  appears  to  have 
been  disregarded,  for  on  the  24th  a  new  petition  was  presented  by  the  earl, 
desiring  to  be  put  to  a  trial,  or  freed  from  prison,  and  warded  within  a  mile  of 
Edinburgh.  The  house  at  first  continued  him  in  prison,  and,  as  they  had 
found  matter  of  procedure  against  him,  ordered  his  process  to  be  made, 
and  him  to  be  summoned  and  put  to  trial.  But  a  few  days  afterwards, 
finding  they  could  not  overtake  the  trial,  as  they  rose  on  the  29th  of  July,  they 
acceded  to  the  last  part  of  his  petition,  aud  remitting  the  trial  of  his  case  to 
the  committee  of  estates,  they  warded  him  within  the  city  of  Edinburgh  and 
two  miles  around,  under  caution  of  one  hundred  thousand  pounds  Scots  to 
keep  his  ward  and  appear  before  the  committee  of  estates,  when  re- 
quired. His  cautioners  were  the  Earls  of  Morton,  Boxburghe,  Annandale, 
and  Southesk,   Batrick,  Lord   Elibank,  and  Sir   John  Dalziel   of  Newton, 


CONFINEMENT  IN  THE  CASTLE  OF  EDINBURGH.  CXCV 

whom  he  obliged  himself  to  relieve  in  case  he  contravened  the  terms  of 
his  liberation.1 

Seven  months  elapsed  before  parliament  again  took  up  the  case  of  the 
Earl  of  Hartfell.  His  lordship,  however,  from  some  unascertained  reason,  did 
not  during  the  whole  of  that  time  enjoy  the  restricted  liberty  granted  him  by 
parliament  to  which  allusion  has  just  been  made.  He  was  confined  to  the 
castle  of  Edinburgh  at  least  from  27th  October  to  18th  December.  This 
appears  from  a  memorandum  holograph  of  the  earl  preserved  in  the  Annan- 
dale  charter-chest  containing  these  two  entries  : — "  My  wyfe  entered  to  the 
castlle  wpone  Mondaye  being  27  October  and  remained  with  me  to  ij 
November."  "  I  wes  relesed  frome  the  castlle  1 8  December."  In  addition 
to  these  particulars  there  are  in  the  same  memorandum  entries  referring  to 
payments  made  by  the  earl  to  the  soldiers  and  porter  during  this  period. 

These  may  also  be  quoted  here : — 

"Item,  to  remember  the  sojaers  is  payd  to  the  1  November  1644,  and  maister 
poirter  to  the  afoirsaed  day. 

"  To  remember  the  sojers  is  payed  be  Hew  Scotte  to  the  1  November,  and 
lyekways  the  maister  porter. 

"  Item,  from  the  1  November  to  the  xv,  bothe  sojers  and  maister  porter  is  payed 
be  William  Lithe,  and  thatt  samne  day  Will:  Litlle  goote  frome  me  10  dollors. 

"  Item,  geuine  to  him  att  thatt  samne  tym  1 0  dollors. 

"  Item,  the  maister  porter  and  sojers  ar  be  him  [payed]  other  fourteine  days 
from  the  xv  November  to  the  xxix  thereof. 

"  Item,  the  maister  porter  is  payed  by  him  other  fourteine  days  from  the  xxix 
of  November,  being  Fraydaye,  to  the  xiij  of  December,  being  Frydae,  and  lyckwys 
the  sojers.     Geuine  to  William  Litlle  thatt  day  10  dollers." 

The  only  instance  of  the  Earl  of  Hartfell  leaving  the  town  during  the 
seven  months  referred  to  was  on  the  occasion  of  a  visit  to  Lord  Elibank  at 
Ballincrief  in  East  Lothian,  for  a  few  days  in  January  of  the  following  year. 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  vi.,  part  i.  pp.  136,  233.  Balfour's  Annals, 
vol.  iii.  pp.  176,  1S9,  191,  203,  224,  234,  241. 


CXCVl      JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

For  this  visit  he  obtained  on  the  1 7th  of  that  month  a  permit  from  parlia- 
ment. Lord  Elibank  was  supposed  to  be  dying,  and  some  business 
arrangements  affecting  the  earl  required  his  personal  attendance.  Parliament 
was  now  again  in  session,  and  towards  the  end  of  February  the  Earl  of  Hart- 
fell's  case  came  before  them,  on. a  report  by  the  committee  of  processes,  which 
showed  that  he  desired  to  be  heard  before  a  committee  of  two  of  each  of  the 
estates  of  parliament.  To  this  the  house  agreed,  and  the  committee  having 
at  once  heard  and  reported  the  case,  parliament  accepted  the  declaration  and 
offers  made  by  the  earl,  and  liberated  him.  The  earl's  declaration  was  as 
follows : — 

"  That  whereas  he  had  bene  misconstrued  and  doubted  of  his  affectione  to  the 
publict  and  to  the  good  caus,  yit  he  had  not  done  anything  which  he  conceaved 
might  have  ather  bred  or  interteaned  such  jelousies.  And  now  to  testifie  his 
reall  affectione  to  bothe,  and  to  the  effect  these  jelousies  might  be  removed,  he 
did  voluntarlie  make  offer  of  ane  thousand  pund  sterling  to  be  payed  to  the  vse 
of  the  publict,  and  (in  the  optioun  of  the  parliament)  that  he  should  ather  find 
caution  or  act  himselfe  and  his  sone  for  his  good  behaviour  in  tyme  comeing 
under  what  paine  the  estates  of  parliament  should  thinke  fitt." 

This  the  committee  thought  reasonable  and  safe,  and  after  a  debate  the 
parliament,  on  3d  March  1645,  ordained  the  earl,  besides  the  payment  of 
the  £1000  sterling,  to  find  caution  in  £100,000  Scots  for  his  future  good 
behaviour  and  good  carriage,  and  that  he  would  not  do  nor  be  accessory  to 
the  doing  of  anything  to  the  prejudice  of  the  estates  of  the  kingdom  and  the 
peace  thereof,  but  would  be  assisting  thereto  to  the  utmost  of  his  power 
against  the  enemies  of  the  same.  Thereupon  the  earl  was  dismissed  and 
granted  freedom.  His  cautioners  on  this  occasion,  whom  he  obliged  himself 
to  relieve,  will  be  mentioned  afterwards.  Balfour  says  that  not  only  the 
earl,  but  also  his  son  was  set  at  liberty  on  these  terms.1 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  vi.  The  son  referred  to  by  Balfour  was  probably 
part  i.  pp.  94,  136,  233,  292,  338,  367;  James,  Lord  Johnstone.  William  Johnstone, 
Balfour's  Annals,  vol.  iii.  pp.  255,  2S5,  287.       the  earl's  second  son,  had  been  incarcerated  in 


JOINS  THE  MARQUIS  OF  MONTROSE  AT  BOTHWELL,   1645.       cxcvii 

Soon  after  being  set  at  liberty  the  Earl  of  Hartfell  went  to  Douglas 
Castle,  and  there  arranged  the  marriage  of  bis  eldest  son,  James,  Lord  John- 
stone, to  Lady  Henrietta  Douglas,  daughter  of  William,  first  Marquis  of 
Douglas. 1  Later,  in  the  end  of  July,  he  attended  a  meeting  of  parliament 
which  was  held  at  Perth,  probably  on  account  of  the  plague  then  raging  in 
Edinburgh.  But  this  parliament  did  not  sit  beyond  the  first  week  of  August, 
and  the  earl  then  probably  returned  home.2 

Meanwhile  the  Marquis  of  Montrose  had  been  pursuing  his  campaign  in 
the  north  of  Scotland  as  the  king's  lieutenant,  and  had  with  wonderful 
rapidity  gained  successive  victories  over  all  the  armies  sent  by  the  Scottish 
parliament  against  him.  He  now  descended  upon  the  south  and  west  of 
Scotland,  and  paralysed  the  country  by  bis  crowning  victory  at  Kilsyth  on 
15th  August  1645,  which  placed  all  at  his  mercy  for  the  time.  Both  Glas- 
gow and  Edinburgh  submitted,  and  when  Montrose  set  up  court  at  Bothwell, 
he  demanded  and  received,  in  his  master's  name,  the  allegiance  of  the  noble- 
men, barons,  and  others  around.  The  Earl  of  Hartfell  came  thither  with 
others  and  submitted  to  him.3  Not  only  so,  but  he  accepted  a  commission 
from  him,  Baillie  says,  to  raise  men  in  the  king's  interest ; 4  and  he  is  men- 
tioned as  actively  exercising  authority  with  other  noblemen  under  Montrose, 
such  as  granting  a  protection  to  the  parish  of  Lesmahago,  and  another  to  the 
burgh  of  Jedburgh,  and  demanding,  by  a  subscribed  letter  to  the  governor  of 
Carlisle,  under  threats  of  vengeance,  the  release  of  the  Earl  of  Queensberry, 
who  was  then  imprisoned  there  as  a  royalist.5  He  went  with  Montrose  to 
the  Borders  in  September,  and  was  present,  on  the  13th  of  that  month,  at 

Edinburgh  castle  the  previous  year  at  the       May  1645,   Annandale   Peerage  Minutes  of 

same  time  as  his  father.     On  3d  June  1644       Evidence,  1S77,  pp.  576-579. 

he  was  allowed  by  parliament  to  retire  home,  2  Balfour's  Annals,  vol.  iii.  pp.  298-307. 

for  such   necessary   affairs   as   concerned  his  ,„.,,,        .         ,    ,,  ,     .. 

c  ..  ,  .  ,   ..    .        .     ...    ,      ,.  „  J  iNapiers    Memoirs   01    Montrose,  vol.  11. 

lather  or  him,  and  that   notwithstanding  or  r 

any  act  to  the  contrary.    [Acts  of  the  Parlia-       * ' 

ments  of  Scotland,  vol.  vi.  part  i.  p.  94.]  4  Baillie's  Letters,  etc.,  vol.  ii.  p.  314. 

1  Contract,  dated  at  Douglas  Castle  29th  6  The  Douglas  Book,  vol.  iii.  pp.  330,  331. 


CXCviii       JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1G08-1653. 

Philiphaugh,  where  Montrose  and  his  followers,  having  heen  caught  napping, 
as  Napier  admits,  were  within  a  month  after  the  victory  at  Kilsyth  defeated, 
and  overwhelmed  with  disaster.  The  Earl  of  Hartfell  escaped  from  the  field, 
but  was  seized  in  his  flight  by  the  country  people,  and  delivered  to  the  forces 
of  the  parliament. 

The  earl  was  sensible  that  in  acting  with  Montrose  he  had  incurred  the 
penalty  of  the  bond  for  his  good  behaviour,  which  he  had  granted  in  the 
previous  March.  But  he  says  that,  in  accordance  with  it,  he  "  did  indevour, 
and  wold  haue  continowit  to  [have]  behaved  my  selff  as  a  good  patriot,  if  the 
fear  of  a  prevaileing  enemie  haid  not  involued  me,  with  too  many  otheres, 
eftir  the  wnhappie  conflict  at  Kilsythe,  in  the  desertione  at  that  tyme." 

The  trial  of  the  Earl  of  Hartfell  took  place  at  the  meeting  of  parliament 
at  St.  Andrews  in  December  1645.  Along  with  certain  other  prisoners  the 
earl  presented  a  petition  on  the  4th  of  that  month  to  the  parliament,  desiring 
that  their  trial  should  not  be  before  a  committee  of  processes,  as  was  pro- 
posed, but  in  full  parliament,  at  least  that  they  might  be  tried  by  their  peers, 
or  by  the  justice-general;  and  several  exceptions  were  taken  against  Sir 
Archibald  Johnston,  Lord  Warriston,  on  account  of  his  alleged  animus 
against  them,  and  prejudging  of  their  case,  but  from  these  exceptions  the  Earl 
of  Hartfell  dissented.  The  parliament,  however,  after  considering  the  peti- 
tion, refused  its  prayer  in  all  respects,  except  what  referred  to  Sir  Archibald 
Johnston,  which  was  reserved,  and  ordered  the  trial  to  proceed.  As  the 
result  of  their  trial,  the  earl  and  his  fellow-prisoners  were  condemned  and 
sentenced  to  death.  On  the  10th  the  earl  petitioned  the  house  for  mercy. 
He  acknowledged  his  offences  against  the  country,  and  would  not  extenuate 
them;  but  submitting  himself,  and  his  life  and  fortune  to  their  disposal, 
appealed  from  the  rigour  of  the  law  to  their  absolute  mercy.1  The 
appeal  was   in  vain.      He  and   Lord   Ogilvie  were   singled  out  to  be  the 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  vi.  pp.  479,  484, 486.  Balfour's  Annals,  vol.  iii. 
p.  328. 


HIS  LIFE  SPARED  BY  THE  MARQUIS  OF  ARGYLL.  CXC1X 

first  to  suffer,  and  were  appointed  to  be  executed  on  6th  January  following. 
The  sentence,  however,  was  never  carried  out.  The  night  before  the  day 
named  for  the  execution,  Lord  Ogilvie,  with  the  assistance  of  his  sister,  who 
lent  him  her  clothes,  and  took  his  place  in  bed,  made  his  escape  out  of  the 
castle  of  St.  Andrews ;  and,  says  Guthrie,  Argyll,  conceiving  this  to  be  done 
by  the  means  of  the  Hamiltons,  in  whom  Ogilvie  had  special  interest,  his 
mother  being  daughter  of  Thomas,  Earl  of  Haddington,  and  himself  being 
thereby  cousin-german  to  Crawford  Lindsay,  therefore  to  pay  it  home,  he 
would  needs  have  the  Earl  of  Hartfell  spared,  whose  death  they  were  thought 
to  thirst  after  as  earnestly  as  Argyll  did  Ogilvie's.1  In  this  way  Argyll  was 
induced  to  procure  the  pardon  of  the  Earl  of  Hartfell. 

The  imprisonment  of  the  Earl  of  Hartfell  lasted  a  year,  during  which  time 
he  was  confined  in  the  castles  of  Dumbarton,  Glasgow,  Edinburgh,  and  St. 
Andrews,  "  with  quhat  accomodatioune  and  hardschip,"  he  says,  "  I  neid  not 
express."  Meantime  his  bond  for  £100,000  Scots  for  his  good  behaviour  was 
forfeited,  and  he  was  called  on  to  pay  the  sum.  For  this  sum  James,  Earl  of 
Home,  James,  Earl  of  Annandale,  Sir  William  Baillie  of  Lamington,  and  Sir 
Robert  Grierson  of  Lag  were  cautioners.2  The  sum  was  to  be  employed 
partly  in  paying  arrears  of  the  Earl  of  Lanark's  regiment.  The  Earl  of 
Lanark  himself,  Sir  Adam  Hepburne  of  Humbie,  treasurer,  and  the  procu- 
rators of  the  estates  petitioned  parliament  to  have  the  fine  exacted.  "Where- 
upon parliament  summoned  Sir  William  Baillie  and  Sir  Robert  Grierson  to 
satisfy  their  cautionry.3  The  earl,  in  a  petition  to  parliament  for  mitigation 
of  the  fine,  explains  that  the  committee  of  processes  would  give  him  no  benefit 
of  the  Act  of  Classes,  but  required  payment  of  the  whole  £100,000  Scots; 
that  being  in  "  firmance,"  he  could  not  raise  the  sum,  and  that  on  this  account 
his  lands  were  quartered  upon,  the  loss  from  which  he  estimates  at  £100,000 
Scots.     On  his  supplication,  the  committee  of  processes,  on  1st  August  1646, 

1  Guthrie's  Memoirs,  p.  168. 

2  Acts  of  the  Parliaments  of  Scotland,  vol.  vi.  part  i.  p.  539.  3  Ibid. 


CC  JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

accepted  of  present  payment  of  100,000  nierks,  and  continued  the  payment 
of  the  superplus  till  next  parliament.  The  earl  next  petitioned  the  estates, 
enumerating  his  sufferings  and  losses,  namely,  the  payment  of  100,000  nierks 
Scots,  and  of  another  1000  merks  Scots,  the  quartering  of  soldiers  upon  his 
lands,  and  the  rifling  the  house  of  Newbie  of  its  silver  plate  and  household 
plenishings,  which  he  estimated  to  amount  to  a  loss  of  £2000  sterling;  and 
praying  the  estates  to  remit  the  balance  of  his  fine,  so  that  his  family  should 
not  be  altogether  crushed.  He  asked  further  to  be  "  redintegrat  to  the  good 
opinion  of  the  parliament  and  reputit  be  them  as  ane  honest  and  trew  patriot."  l 

Parliament  agreed  to  the  prayer  of  this  petition,  and  granted  the  earl  a 
discharge,  in  full  satisfaction  of  all  sentences  formerly  passed  against  him.2 
Also,  in  respect  of  the  spoiling  of  Newbie,  which  had  been  done  by  an 
English  officer  named  Major  Barras,  from  Cumberland,  parliament  directed 
the  matter  to  be  reported  to  the  English  commissioners,  and  ordained 
letters  of  recommendation  to  be  written  in  his  favour  to  the  committee. of 
Cumberland  desiring  them  to  see  him  restored  to  the  property  taken  out  of 
his  house.3 

In  addition  to  satisfying  the  state,  the  earl  had  also  to  satisfy  the  kirk 
for  his  violation  of  the  Covenant.  In  obedience  to  their  summons,  he,  on  18th 
November  1646,  after  his  liberation  from  prison  by  parliament,  appeared 
before  the  Commission  of  the  General  Assembly,  whose  minutes  bear  that  he 
then  declared  his  sense  of  his  bygone  offence  in  joining  with  the  rebels,  and 
his  willingness  to  submit  himself  to  the  censure  of  the  church  for  the  same. 
Therefore,  the  Commission  of  Assembly  remitted  him  to  the  presbytery  of 
Lochmaben,  that  they  might  enjoin  and  receive  his  satisfaction  according  to 
the  act  of  Assembly,  and  appointed  the  presbytery  to  return  account  of  their 
diligence  herein.'4 

1  Petition  in  Annandale  Charter-chest.  3  Acts  of  the  Parliaments  of  Scotland,  vol. 

2  Acts  of  the  Parliaments  of  Scotland,  vol.       vi.  part  i.  p.  827. 

vi.   part  i.  p.  754.     Cf.  Annandale  Peerage  4  Proceedings   of  the  Commission  of  the 

Minutes  of  Evidence,  1S78,  pp.  726-728.  General  Assembly,  1G46-1648,  p.  105. 


THE  EARLS  VISITS  TO  EDINBURGH.  CC111 

Accounts  kept  by  Hew  Sinclair,  who  about  tins  time  became  chamberlain 
to  the  earl,  and  was  continued  as  such  for  many  years  by  the  second  Earl  of 
Hartfell,  give  in  some  detail  the  earl's  movements  during  the  last  years  of 
his  life.  He  was  back  in  Edinburgh  by  29th  November  1648,  and  remained 
until  May  following.  Mention  is  made  of  the  purchase  of  a  book  called  the 
"  Independents  Joynter  "  for  £3  Scots,  and  of  another  book  "  called  the  Con- 
fession of  Faith"  for  12s.;  also  of  two  payments  for  carrying  money  to  the 
earl's  lodging,  one  of  the  entries  being — for  carrying  8000  merks  there  in  a 
"  creil "  by  a  "  pyner,"  8s.  Scots.  Lady  Janet,  the  earl's  second  daughter, 
receives  £100  which  she  had  disbursed  on  behalf  of  her  brother,  the  master, 
as  the  earl's  second  son  was  styled.  On  3d  May  the  earl  returned  home  by 
Auchinoon  and  Carnwath,  where  he  probably  visited  his  Countess's  daughter, 
thence  to  Douglas,  and  thence  to  Moffat,  Lochmaben,  and  Annan.  But  he 
did  not  remain  long,  as  on  the  24th  he  was  again  at  Moffat  for  a  night  on  his 
way  to  Edinburgh,  whither  he  journeyed  by  Darnhall,  near  Eddleston,  in 
Peeblesshire.  There  is  on  29th  May  a  payment  made  to  "  William  Johnston, 
the  whistler."  Later  in  this  year  the  Earl  of  Hartfell  again  visited  Annan- 
dale,  as  on  2Gth  October  another  journey  to  Edinburgh,  this  time  by  the 
Crook  and  Linton,  is  chronicled;  and  also  his  return  a  fortnight  later  by 
Carlops,  Carnwath,  and  Pettinain,  taking  with  him  2  books  "called  the 
Confession  of  Faith  and  two  dozen  single  Catechises." 

In  January  1650  the  earl  purchased  two  pair  of  pistols  from  John 
Falconer  for  £66,  13s.  Scots;  and  Sir  Lues  Stewart's  man  "  for  spearing  out 
4000  merks,"  probably  finding  out  a  lender  of  that  sum  to  the  earl,  received 
£13,  6s.  8d.  On  4th  April  the  earl  is  mentioned  as  being  at  Dumfries.  On 
the  19th  he  started,  accompanied  by  six  servants  on  horseback,  for  the  Merse, 
obtaining  the  services  of  a  guide  between  Newbie  and  Langholm.  At 
Langholm  he  stayed  for  a  night,  and  the  sight  of  "  some  poor  women  incar- 
cerat  for  witchcraft"  excited  his  sympathy,  and  he  gave  them  £2,  18s. 
From  that  place  he  rode  to  Selkirk  and  Kelso,  visiting  both  at  Floors  and 


cciv         JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

Home  Castles,  where  he  spent  three  nights,  and  then  pursued  his  way  by 
G-ingillkirk  (Channelkirk)  to  Edinburgh,  arriving  there  on  the  27th.  He 
returned  to  Annan  by  Linton  on  the  11th  of  May,  but  was  again  in  Edin- 
burgh on  6th  June. 

There  is  also  an  entry  in  the  accounts  of  payments  of  pew  rents  in  the 
Tron  or  south-east  Church  of  Edinburgh,  1650  being  mentioned  as  the  third 
year  in  which  the  earl  and  his  countess  had  sittings  there.  Another  entry 
of  the  purchase  of  twelve  pistols  "  with  hulsters  and  spaners  "  for  £12,  12s. 
each,  in  Edinburgh  on  the  26  th  of  July  is  suggestive,  as  Cromwell  was  then 
marching  on  Scotland,  and  within  a  few  days  afterwards  had  invested  that 
town.  But  whether  the  earl  remained  and  took  part  in  its  defence,  or 
now  left  for  his  home  in  Annandale,  is  uncertain,  a  hiatus  in  the  accounts 
occurring  at  this  interesting  period. 

What  took  place  in  the  country  immediately  afterwards  is  well  known — 
how  that  after  a  month's  ineffectual  siege  of  Edinburgh  Cromwell  was  forced 
to  retire  towards  Berwick,  and  was  pursued  by  the  Scots  to  Dunbar,  and  how 
by  a  false  movement  the  Scots  army  put  themselves  in  Cromwell's  hands 
and  were  routed,  Cromwell  returning  victorious  to  Edinburgh,  and  by  degrees 
making  himself  master  of  the  entire  south  of  Scotland.  The  Scottish  court, 
with  King  Charles  the  Second  in  their  midst,  retreated  northwards  and  held 
their  parliaments  at  Perth,  one  in  November  1650  and  the  next  in  March 
1651.  Whether  the  Earl  of  Hartfell  was  present  at  these  does  not  appear; 
but  at  the  latter  he,  or  his  eldest  son,  Lord  Johnstone,  in  his  place,  was 
appointed  Colonel  over  Nithsdale.1  When  the  chamberlain's  accounts  again 
resume  in  April  1651  they  show  the  earl  to  be  travelling  sometimes  with  the 
court  and  at  other  times  on  his  own  business.  On  the  6  th  April  he  crossed 
the  Forth  to  Menteith,  and  stayed  a  night  at  Dunblane,  paying  a  visit  to 
Cromlix,  whence  he  obtained  a  guide  to  Drumfade,  and  travelled  thence  by 
Boat  of  Earn  to  Perth.     He  passed  the  night  of  the  7th  there,  and  next  day 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  vi.  part  ii.  p.  655. 


> 


HIS  VISITS  TO  DUNDEE  AND  PERTH,  1651.  CCV 

came  to  Dundee,  where  lie  remained  until  the  17th.  On  the  19th  he  crossed 
over  to  Fife  but  returned  the  same  day  to  Dundee,  then  went  to  Perth,  and 
after  staying  several  days  there  came  south  to  Dunfermline  on  the  26th. 
Here  he  rested  four  nights,  and  had  for  his  companions  the  Marquis  of 
Douglas  and  Lord  Mordington.  On  the  2nd  of  May  they  went  together  to 
Falkland,  and  spent  one  night  there  in  company,  the  reckoning  both  there 
and  at  Dunfermline  being  shared  equally  by  the  three.  Next  day  the  Earl 
of  Hartfell  went  to  St.  Andrews  via  Anstruther,  where  he  wished  to  see  Sir 
Lues  Stewart,  and  after  spending  two  days  at  St.  Andrews  he  went  to  Dundee 
by  way  of  Dairsie.  On  the  1 3th  he  was  at  Cupar.  Eeturning  to  Dundee  he 
again  went  to  Perth,  stayed  there  several  days,  and  at  this  time  his  two  sons 
are  mentioned  as  being  in  his  company.  On  the  29th  of  May  he  was  again 
in  Dundee,  on  the  3rd  of  June  he  was  in  Perth  for  two  nights,  and  he  came 
from  thence  to  the  parliament,  which  had  been  sitting  at  Stirling  since  the 
23rd  of  May.  He  is  mentioned  as  subscribing  in  parliament  the  bond  for 
security  of  religion  on  3rd  June,  along  with  the  Marquis  of  Douglas  and  the 
Earl  of  Tullibardine.  He  remained  at  Stirling  until  the  10th,  and  before 
the  parliament  rose  was  placed  upon  the  committee  of  estates  appointed  to 
direct  the  affairs  of  the  nation  until  the  next  meeting.1  Again  he  returned 
to  Dundee,  staying  at  Perth  for  two  nights  on  the  way,  and  remaining  at 
Dundee  until  the  2nd  of  July,  when  he  came  back  to  Stirling,  where  the 
army  was  lying,  and  making  secret  preparations  for  its  expedition  into 
England.  He  was  on  the  5th  of  July  with  Lord  Ogilvie  at  Torwood,  but  for 
the  rest  of  that  month  he  spent  his  time  in  the  "  Leiger,"  his  lodgings  being 
in  the  house  of  Bailie  Baird  in  Stirling.  He  did  not  accompany  the  army 
into  England,  but  after  paying  a  visit  to  Eossdhu  with  the  laird  of  Luss 
on  29th  July,  and  probably  spending  two  nights  there,  he  came  through 
Kilpatrick  on  1st  August  to  Kilmarnock,  where  he  spent  the  night,  and  next 
day  journeyed  home  by  Cumnock  and  Dumfries.    The  route  taken  by  the 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  vi.  part  ii.  pp.  67S,  679,  684. 


CCV1  JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

Scottish  army  in  its  march  from  Stirling  to  Worcester  was  through  Annan- 
dale,  and  the  pastures  there  suffered  severely  by  its  depredations,  as  well  as 
the  inhabitants.1 

During  1652  there  is  little  to  record  of  the  earl  and  his  movements.  In 
January  of  that  year  he  again  journeyed  to  Edinburgh  by  Wandell  and 
Biggar,  spending  two  nights  at  Ingliston  Bridge ;  but  he  returned  thence  in 
the  beginning  of  February,  spending  the  night  of  the  2d  at  Carnwath,  and  the 
next  day  at  Hessilside,  the  residence  for  the  time  of  the  Marquis  of  Douglas, 
who  the  following  day  accompanied  him  to  Moffat  and  Lochwood.  Sometime 
during  this  year,  but  before  August,  the  Earl  of  Hartfell  lost  his  third  wife 
by  death.  The  countess  made  her  will  at  Edinburgh  on  4th  July  1648,  in 
which,  after  recommending  herself  to  God,  "  beleiveing  assuredlie  to  be  saved 
be  his  f rie  mercie  throw  the  onlie  merits  of  Jesus  Chryst,  my  redeimer,"  and 
directing  her  body  "  to  be  buried  among  the  faithfull  in  the  most  modest  way 
and  in  the  neirest  convenient  place  quhair  it  sail  please  God  to  call  vpon 
me  out  of  this  lyff,"  she  appointed  her  "  weilbelouet  husband,  James,  Erie  of 
Hartfell,"  her  only  executor,  and  made  a  number  of  bequests  to  members  of 
his  family  and  also  legacies  to  Margaret,  Countess  of  Carnwath,  and  Dame 
Magdalen  Carnegie,  Lady  Kilbirnie,  her  daughters.2 

During  his  long  tenure  of  the  family  estates  of  Johnstone,  the  Earl  of 
Hartfell,  amidst  many  trials  and  sufferings  in  connection  with  his  loyal  and 
covenanting  principles,  not  only  consolidated  his  feudal  rights  to  several  of  the 
old  Johnstone  estates,  but  also  made  numerous  important  additions  to  them. 
It  is  unnecessary  to  relate  the  whole  of  these,  especially  as  the  more  interesting 
portions  of  them  have  been  noticed  in  the  previous  part  of  this  memoir, 
where  the  acquisition  of  Moffatdale  and  Evandale  are  stated  in  connection 
with  the  peerages  of  Hartfell,  Moffatdale,  and  Evandale,  granted  to  the  earl. 

The  other  lands  to  which  the  earl's  feudal  titles  were  completed  may  be 

1   Draft  Petitions  by  parishes  for  redress,  in  Annandale  Charter-chest. 
'-  Testament  and  Latter  Will.      Charters  of  this  work,  pp.  90.  91. 


PURCHASE  OF  NEWBIE  AND  OTHER  LANDS.  CCV11 

briefly  noticed.  The  lands  of  Newbie  lie  near  the  town  of  Annan,  and  were 
acquired  by  Sir  James  Johnstone,  the  father  of  the  Earl  of  Hartfell,  as  stated 
in  his  memoir.  But  the  transaction  was  only  completed  in  the  time  of  the 
earl,  who  obtained  a  Crown  charter  of  them  on  8th  June  1609.  This  charter 
erected  the  lands  into  a  barony  called  the  barony  of  Newbie,  comprehending, 
besides  the  lands  and  tower  of  Newbie,  the  lands  of  Cummertrees,  Stableton, 
Middlebie,  Priestwoodside,  and  others.  The  tutor  of  Johnstone  allowed  the 
lands  to  be  apprised  from  his  ward,  and  they  were  for  a  time  possessed  by 
the  tutor's  nephew,  Robert  Johnstone,  son  of  Mungo  Johnstone  of  How- 
cleuch.  Johnstone,  however,  on  reaching  his  majority,  refused  to  ratify  the 
proceedings,  and  this  led  to  the  ejectment  of  the  tutor  and  his  friends 
already  described.  The  lands  were,  in  1627,  in  virtue  of  a  decreet-arbitral, 
disponed  to  Johnstone  by  Eobert  Johnstone  for  the  sum  of  16,500  merks, 
and  "Newbie  thereafter  became  the  chief  residence  of  Johnstone. 

On  17th  February  1609,  Johnstone  received  a  Crown  charter  of  the  lands 
of  Knock,  Crooks,  Crossdykes,  Crossdykerigs,  Persbiehalls,  Hennelland, 
Ersbank  (Archbank),  Dryfesdale,  Leverhay,  Brumell,  Brigmure,  Bonschaw, 
and  Dunibretton.  These  lands,  situated  in  different  parishes,  and  in  the 
dale  of  the  Esk,  were  by  this  charter  erected  into  the  tenandry  of  Knock.1 

In  1623,  the  land  of  Mossknow,  in  the  parish  of  Kiikpatrick-Flemiug, 

was  renounced  in  his  favour  by  Francis  Irvine  of  Sackrigs.     In  the  same 

year  Johnstone  acquired  the  lands   of   Corrie  from   George   Johnstone   of 

Gritheid,  called  of  Corrie;   and  in   1628  he   purchased  from  Sir  William 

Grierson  of  Lag  the  lands  of  Kirkbriderig.     In  1632  Johnstone  obtained  a 

number  of   lands.      From  Adam   Cunningham   of   Woo'dhall,  superior,   he 

received   a  charter   of  Dornagills,   Kirkgill,  Abisterland,   the  kirklands  of 

Wauchope,  and  Buragis  of  Stapilgordon,  in  Eskdale.    From  Thomas  Johnstone 

1  The   lauds  of   Knock  and  others   were  of  this  charter.     The  lands  of  Knock  were 

acquired  by  Sir  James  Johnstone  from  Mar-  long  contested  by  the  Earl  of  Nithsdale  aud 

garet  Moffat  of  Knock  ;  and  Bonschaw  and  Johnstone  of  Westerhall. 
Dunibretton  were  resigned  for  the  purposes 


CCviii      JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,  1608-1653. 

of  Bearholm  he  acquired  Easter  Kinnelhead,  and  from  Eobert  Somerville  of 
Carswell,  Biggarts  in  the  parish  of  Kirkpatrick. 

At  this  time  also  there  was  a  discussion  between  William  Douglas, 
Viscount  of  Drumlanrig,  and  Johnstone,  about  the  lands  of  Lochhouse, 
Thornick,  and  others.  The  lands  were  claimed  by  both  parties.  But  by  the 
decision  of  the  privy  council  Drumlanrig  prevailed  in  the  contest,  and  thus 
acquired  a  considerable  extent  of  territory  in  Annandale  in  addition  to  his 
great  estates  in  Mthsdale.  The  Johnstones  were  so  disappointed,  that  these 
lands,  which  were  Johnstone  property,  and  surrounded  by  Johnstone  pro- 
perty, should  be  added  to  those  of  Drumlanrig,  that  they  remonstrated  with 
hiin  about  it,  but  without  effect,  and  applied  the  uncomplimentary  sobriquet 
to  him  of  "  the  deil  of  Drumlanrig."  Lochhouse,  with  the  other  Johnstone 
properties  thus  acquired  by  Drumlanrig,  descended  to  the  late  Duke  of 
Buccleuch  and  Queensberry  as  part  of  the  great  territorial  Dukedom  of 
Queensberry.1 

In  1633  Johnstone  purchased  from  James  Johnstone  of  Westerhall  the 
lands  of  Craigaburn,  Craigamyre,  Connelbeck,  Daligair,  and  others,  in  the 
parish  of  Moffat ;  and  from  James  Johnstone  of  Chapel  the  lands  of  Chapel 
and  Coittis.  In  the  following  year  he  added  to  his  possessions  of  land  the 
superiority  of  the  lands  of  Hutton-under-the-Muir,  which  he  bought  from 
William,  Earl  of  Morton ;  also  the  lands  of  Broitts,  Broitcleuch,  and  Broithill, 
in  the  parish  of  Kirkpatrick-Fleming,  from  Jaffray  Irving  of  Broitts ;  and 
the  lands  of  Milton,  Miltonhohns,  Craigielauds,  Marchbanks,  and  others,  in 
the  parish  of  Kirkpatrick-Juxta,  from  Samuel  Johnstone  of  Sheens. 

In  1G37  the  Earl  of  Hartfell  acquired  by  purchase  from  Sir  John 
Charteris  of  Amisfield,  Dryfeholm,  Beckhouse,  Dryfesdale,  Torwood,  Bethill, 

1  The   late   Duke    of    Buccleuch    shortly  adjoined.     His  Grace  was  very  considerate 

before  his  death  sold  the   Lochhouse  lands,  to  his  Annandale  neighbours  by  excambions 

with  the  old   tower  of   that  name,  to  Mi-.  of  his  Annandale  lauds  as  accommodations 

Younger  of  Auchiucas,  whose  property  they  to  them. 


PURCHASES  THE  LANDS  OF  SIBBALDBIE,  1644.  ccix 

and  other  lands  in  the  parish  of  Dryfesdale,  etc.  In  1644  he  purchased  from 
Alexander  Jardine  of  Applegirth  the  lands  of  Sibbaldbie,  comprehending  the 
lands  of  Cleuchheads,  Belcathill,  Newbigging,  and  many  others,  all  formerly 
in  the  parish  of  Sibbaldbie,  but  now  in  Applegirth. 

Besides  this  vast  extension  of  his  territories  in  the  county  of  Dumfries, 
the  Earl  of  Hartfell  also  secured  an  interest  in  the  county  of  Lanark,  by  the 
acquisition  in  1634  of  the  lands  of  Baecleuch  in  the  parish  of  Crawford. 
The  tutor  of  Johnstone's  son  had  allowed  these  and  other  lands  to  be 
apprised  from  him  for  debt,  the  right  to  which  apprising  was  purchased  by 
the  Earl  of  Hartfell  in  1636. 

In  1635  the  earl  exchanged  the  lands  of  Allarbeck  and  Bellorchard  with 
William  Irvine  of  Bonschaw  for  those  of  Kockhallhead,  Corthat,  and  Hare- 
gills;  and  with  the  Johnstones  of  Vicarland,  in  1639,  he  exchanged  Craigie- 
lands  and  Canteknow  for  parts  of  the  lands  of  Millholm,  Hallholm,  and 
Mains  of  Moffat.  All  these  acquisitions  of  land  greatly  increased  the  power 
and  prestige  of  the  Johnstone  family,  and  gave  a  territory  worthy  the 
dignity  of  being  created  into  an  earldom. 

The   chamberlain    accounts    show   that   the  Earl   of  Hartfell   went   to 

Edinburgh   in   the   end    of    November,   and   remained   there   until    March 

following.      The    lease  of   his    mansion-house    in    Edinburgh    extended    to 

Whitsunday  1653,  when   it  terminated.      There   are   the   following  entries 

in  the  chamberlain  accounts.     On  25th  September  1652 — "Item,  for  towes 

and  vtheris  to  pak  the  furniture  in  the  loading  for  transporting  it  to  Annan- 

daill."     On  19th  January — "Item,  to  James  Farreis  to  carrie  his  charges  and 

4  horses  with  him  fra  Edinburgh  to  Newbie."     These  removals  of  furniture 

must  either  be  consequent  upon  the  recent  death  of  Margaret   Hamilton, 

Countess   of   Hartfell,   and   the   disposing  of   her  furniture   and   goods   in 

terms  of  her  will,  or,  as  is  more  probable,  the  resolution  of  the  earl  to  give 

up  his  house  in  Edinburgh  at  the  expiry  of  the  lease  in  the  month  of  May. 

But  the  earl  did  not  live  till  then.     In  January  he  was  in  failing  health. 
VOL.  I.  2d 


CCX         JAMES  JOHNSTONE,  FIRST  EARL  OF  HARTFELL,   1608-1653. 

On  the  26th  of  that  month  the  accounts  record  payments  made  to  Doctors 
Sibbald,  Hay,  and  Cunnynghame,  of  fifteen  dollars  to  each  of  the  two  former, 
and  of  ten  dollars  to  the  latter.  There  is  also  at  the  same  date  a  payment 
made  to  the  earl  himself  at  "  your  goeing  fra  Edinburgh."  On  7th  March 
there  are  payments  which  indicate  that  on  account  of  his  sickness  the  earl 
removed  to  the  house  of  Patrick  Vans,  his  cousin.1 

The  first  Earl  of  Hartfell  died  in  April  1653,  probably  at  Newbie.  Of 
his  three  marriages  already  noticed  he  had  issue  only  by  his  first  wife, 
Margaret  Douglas,  two  sons  and  three  daughters.     These  were : — 

1.  James,  second  Earl  of  Hartfell  and  first  Earl  of  Annandale,  of  whom  a 

memoir  follows. 

2.  Lieutenant-Colonel  William  Johnstone,  of  Blacklaws,   who  was  probably 

named  after  his  maternal  grandfather,  William  Douglas,  first  Earl  of 
Queensberry.  He  purchased,  in  1647,  the  lands  of  Blacklaws  in  Evan- 
dale,  from  James  Johnstone  of  Corhead.  He  afterwards  went  abroad, 
and  was  Lieutenant-Colonel  in  the  Scottish  regiment  in  the  service  of 
the  King  of  France  commanded  by  Lord  George  Douglas,  and  known 
as  the  Douglas  regiment.  He  took  part  in  a  campaign  in  Spain. 
He  was  for  some  time  styled  Master  of  Johnstone,  while  apparent  heir 
to  his  brother  in  that  title.  He  died  at  Newbie  without  issue  in 
December  1656. 

1 .  Lady  Mary  Johnstone,  who  married,  first,  Sir  George  Graham  of  Netherby, 

in  the  county  of  Cumberland ;  and  secondly,  Sir  George  Fletcher  of 
Huttonhall,  also  in  Cumberland,  and  had  issue  to  both.  She  was  alive 
in  1680,  when  as  Lady  Fletcher  she  is  described  as  the  aunt  of  William, 
second  Earl  of  Annandale.2 

2.  Lady  Janet  Johnstone,   who    married    on    6th   February  1653,  William 

Murray  of  Stanhope,  in  the  county  of  Peebles,  and  had  issue. 

3.  Lady  Margaret  Johnstone,   who  married,   contract    dated    11th  October 

1654,  Sir  Robert  Dalzell,  younger  of  Glenae,  son  of  Sir  John  Dalzell  of 
Glenae.  The  chamberlain  accounts  for  16th  December  1654  contain 
this  entry  : — "  Item,  to  Lady  Stanhope  at  your  lordship's  direction,  which 

1  Chamberlain  Accounts  in  Annandale  Charter  chest.  2  Ibid. 


HIS  SEAL  AND  SIGNATURES. 


CCX1 


she  debursit  for  Lady  Margaret  hir  sister's  black  gown  before  marriage, 
£28."     Lady  Margaret  died  without  issue  in  October  1655. 


Jlihzpuein/&hMj£oMvi    ^ 


CCX11 


The  First  Earl  of  Annandale,  Viscount  of  Annan,  and  Lord  Lochmaben 

(New  Peerages). 

XVII. — James,  Earl  of  Annandale  and  Hartfell,  Viscount  of  Annan, 
Lord  Johnstone  of  Lochwood,  Lochmaben,  Moffatdale,  and  Evandale. 

Lady  Henrietta  Douglas,  his  Countess. 

1653-1672. 

chapter  first. 

Prospective  view  of  his  life — His  birth,  1625 — His  various  designations — His  attitude  in  his 
youth  to  public  affairs — Imprisoned  for  complicity  with  Montrose,  1644 — Taken  prisoner 
in  the  rout  at  Philiphaugh,  1645 — His  marriage  with  Lady  Henrietta  Douglas,  1645 — 
Terms  of  the  contract  of  marriage — Succeeds  his  father  in  1653 — Change  in  the  form  of 
retours  of  service  under  Cromwell — Retour  of  the  Earl — Feudal  forms  in  making  up 
title-deeds  during  the  Commonwealth — Member  of  parliament,  1654 — Fined  ,£2000 
sterling — His  fine  reduced  to  £500—  Appointed  a  commissioner  for  the  shire  of  Dum- 
fries. 1655  and  1659— Petitions  Cromwell's  council  for  Moffat  Well,  1657. 

The  life  of  this  chief  of  Johnstone  marks  an  epoch  in  the  history  of  his 
family.  "While  still  under  age  he  made  an  auspicious  marriage  with  a  bride 
of  the  great  house  of  Douglas,  who  was  at  the  time  between  twelve  and 
thirteen  years  of  age.  Of  that  youthful  marriage  there  was  eventually  the 
large  family  of  eleven  sons  and  daughters.  The  eldest  surviving  son  was 
raised  to  the  dignity  of  Marquis  of  Annandale,  and  held  many  of  the  highest 
offices  of  state.  The  present  young  chief  became  involved  with  his  father 
both  in  the  troubles  of  the  Covenant  and  of  the  Cromwellian  government. 
But  at  the  Eestoration,  in  1660,  he  received  from  King  Charles  the 
Second  the  three  additional  peerages  of  Earl  of  Annandale,  Viscount  of 
Annan,  and  Lord  Lochmaben.  He  also  received  the  high  offices  of  steward 
of  Annandale  and  hereditary  keeper  of  the  castle  of  Lochmaben,  and  the 
erection  of  many  baronies  and  regalities,  including  the  regality  of  Moffat. 
The  dominant  and  ardent  desire  of  his  life  was  that  all  his  peerages  of  John- 
stone and  Hartfell,  which  were  inherited  by  him  from  his  father,  as  well  as 


HIS  DESIGNATIONS.  CCX111 

the  three  additional  peerages  of  Annandale,  Annan,  and  Loclnnaben  acquired 
by  himself,  and  also  his  large  landed  estates  in  Annandale,  should  descend  to, 
and  be  inherited  by,  the  heirs  of  his  own  body,  as  well  sons  as  daughters,  and 
even  by  the  children  of  his  sisters.  He  believed  that  he  had  secured  this 
arrangement  in  the  years  1657,  1661,  and  1662,  by  resignations  of  the  peer- 
ages and  estates,  and  new  grants  of  them,  which  included  the  succession  to 
them  of  the  heirs  male  and  female  of  his  hody.  This  was  in  the  future  to  be 
a  distinguishing  feature  of  the  occupancy  of  his  peerages  and  estates,  that  they 
were  to  be  inherited  by  his  heirs-female  even  to  the  broad  limitation  of  heirs 
whomsoever,  while  he  himself  had  inherited  them  under  limitation  to  heirs- 
male  alone.  The  change  which  this  Johnstone  chief  thus  effected,  as  it  has 
an  important  bearing  on  the  subsequent  history  of  the  Johnstone  family,  will 
be  unfolded  in  detail  in  the  course  of  this  memoir. 

James  Johnstone,  younger  of  Johnstone,  was  born  in  the  year  1625. 
Judging  from  his  subsequent  correspondence  on  the  business  of  the  large 
landed  estates  of  Annandale,  and  also  from  his  management  of  the  public 
business  of  the  country  in  which  he  was  officially  engaged,  he  appears  to 
have  received  a  liberal  education.  No  accounts,  however,  have  been  found 
which  would  show  at  what  university  his  studies  were  pursued.  His  son,  the 
first  Marquis  of  Annandale,  was  educated  at  Glasgow  University,  but  the 
records  of  that  great  seat  of  learning  do  not  afford  any  evidence  that  he  him- 
self was  educated  there.  This  Johnstone  chief  had  various  designations  at 
different  periods  of  his  history.  For  the  first  eight  years  of  his  life  he  was 
known,  according  to  Scotch  practice,  as  James  Johnstone,  younger  of  John- 
stone, or  the  Laird  of  Johnstone,  younger.  For  the  next  ten  years  from  1633, 
when  his  father  was  created  Lord  Johnstone  of  Lochwood,  he  was  called  the 
Master  of  Johnstone.  For  the  ten  succeeding  years  from  1643,  when  Lord 
Johnstone  was  created  Earl  of  Hartfell,  he  was  designated  by  the  courtesy 
title  of  Lord  Johnstone;  and  for  eight  years  thereafter,  from  1653,  when  his 
father  died,  his  appellation  was  Earl  of  Hartfell.     In  1661  he  was  created 


ccxiv       JAMES,  EAEL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 

Earl  of  Annandale  and  Hartfell,  Viscount  Annan,  and  Lord  Lochmaben 
which  continued  to  be  his  designation  till  the  close  of  his  life. 

When  his  father  was  arranging  to  join  the  army  of  the  Covenant, 
"  whithersoevir  the  samin  is  boun,"  in  August  1640,  he  made  his  latter  will 
and  testament,  appointing  his  son,  the  Master  of  Johnstone,  the  only  executor 
of  his  large  estate.  As  the  Master  was  then  under  age,  his  father  showed 
great  confidence  in  the  prudence  of  his  young  son  to  intrust  to  him  this 
important  office. 

Four  years  later  he  was  involved,  with  his  father  and  only  brother, 
Colonel  William  Johnstone,  in  the  varying  struggles  between  the  royalists  on 
the  one  side,  and  the  covenanters  on  the  other :  but  he  took  no  prominent 
position  in  these  struggles.  He  was  imprisoned  with  his  father  in  1644,  on 
suspicion  of  complicity  in  Montrose's  attempt  on  Dumfries.  After  the  battle 
of  Kilsyth  in  August  1645,  he  joined  Montrose  and  assisted  him  at  Philip- 
haugh  on  the  13th  of  September,  where  he  was  captured,  and  incarcerated  in 
different  castles  for  a  considerable  time.  But  parliament  did  not  take  pro- 
ceedings against  Lord  Johnstone  as  in  the  case  of  his  father. 

In  the  month  of  May,  less  than  four  months  previous  to  his  capture  at 
Philiphaugh,  Lord  Johnstone  allied  himself  in  marriage  to  Lady  Henrietta 
Douglas.  Her  ladyship  was  the  eldest  of  the  six  daughters  of  William,  first 
Marquis  of  Douglas,  by  his  second  marriage  with  Lady  Mary  Gordon,  third 
daughter  of  George,  first  Marquis  of  Huntly.  This  marriage  of  Lord  John- 
stone and  the  previous  marriage  of  his  father,  the  Earl  of  Hartfell,  with  Lady 
Margaret  Douglas,  of  Drumlanrig,  brought  the  Johnstones  into  close  alliance 
with  the  Douglases,  including  William  Douglas,  Earl  of  Selkirk  and  Duke  of 
Hamilton.  Lady  Margaret  Douglas  was  descended  from  James,  the  second 
Earl  of  Douglas  and  Mar,  who  was  the  hero  of  Otterburn  in  1388,  while 
Lady  Henrietta  Douglas  was  descended  from  William,  the  first  Earl  of 
Douglas  and  Mar  through  the  Douglas  line  of  the  Earls  of  Angus.  The 
marriage   contract   between   James,   Lord   Johnstone,   and   Lady  Henrietta 


HIS  MARRIAGE  IN  1645.  ccxv 

Douglas  was  formally  made  at  the  castle  of  Douglas  on  the  29th  of  May  1645.1 
The  parties  to  the  contract  were  James,  Earl  of  Hartfell,  for  himself,  and 
taking  burden  for  James,  Lord  Johnstone,  his  eldest  son,  and  also  Lord 
Johnstone  for  himself,  with  the  consent  of  his  father,  his  tutor  and  adminis- 
trator, for  his  interest,  on  the  one  part,  and  William,  Marquis  of  Douglas,  Earl 
of  Angus,  for  himself  and  for  Lady  Henrietta  Douglas  his  daughter,  and  she 
for  herself,  with  advice  and  assent  of  her  said  father,  tutor  and  administrator, 
for  his  interest,  on  the  other  part.  As  already  stated  in  the  preamble  to  the 
memoir,  both  the  bridegroom  and  bride  were  minors  at  the  time  of  the  mar- 
riage, the  former  being  twenty  years  of  age  and  the  latter  twelve  or  thirteen. 
By  the  terms  of  the  contract  of  marriage  and  in  accordance  with  the 
usage  of  that  time,  sanctioned  by  the  Church  of  Scotland,  Lord  Johnstone 
and  Lady  Henrietta  became  bound  to  complete  and  solemnize  their  marriage 
"  in  face  of  Christ  his  kirk  and  congregation,  as  God  by  his  word  has 
appointed."  The  Earl  of  Hartfell  obliged  himself  to  infeft  Lord  Johnstone 
and  Lady  Henrietta  Douglas,  and  the  survivor  of  them,  in  conjunct  fee,  and 
the  heirs-male  of  their  marriage,  which  failing,  Lord  Johnstone's  heirs-male 
whomsoever,  in  a  variety  of  lands,  including  the  manor  place  of  Lochwood, 
in  the  parishes  of  Johnstone,  Kirkpatrick-Juxta,  and  Wamphray,  and  within 
the  barony  of  Johnstone,  stewartry  of  Annandale,  and  shire  of  Dumfries  ;  also 
the  lands  and  tenements  of  Hutton-under-the-moor,  Dryfesdalehead  and 
Achinstork,  and  the  tenement  of  Corrie ;  also  the  lands  of  Sibbaldbie  and 
others.  The  earl  reserved  his  own  liferent  of  Hutton,  Dryfesdale  and  Corrie, 
and  also  warranted  the  lands  provided  in  conjunct  fee  to  Lady  Henrietta 
Douglas  to  be  of  the  value  of  8000  merks  yearly,  and  the  remaining  lands  to 
be  worth  to  Lord  Johnstone  12,000  merks  yearly.  The  contract  provides  that 
in  case  there  be  no  heirs-male  of  the  marriage  but  only  daughters,  Lord  John- 
stone should  pay  to  them  at  the  age  of  fourteen,  if  one  daughter  30,000 

1  The  contract  is  recorded  in  the  Books  of  Council  on  21st  November  1648  [Annandale 
Peerage  Minutes  of  Evidence,  1877,  p.  576]. 


CCXV1       JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 

merks;  and  if  two,  to  the  eldest  25,000  merks,  and  to  the  other  15,000 
merks  ;  and  in  case  there  he  more  than  two  daughters  he  was  to  pay  to  them 
45,000  merks,  namely,  to  the  eldest  20,000  merks,  and  among  the  rest  the 
remainder  of  the  sum  in  equal  divisions.  The  Marquis  of  Douglas  on  his 
part  bound  himself  to  pay  as  tocher  to  the  Earl  of  Hartfell  26,000  merks 
Scots  ;  and  Lord  Johnstone  and  Lady  Henrietta  discharged  the  Marquis  and 
Dame  Mary  Gordon,  his  spouse,  of  all  further  claims.  A  charter  was  given 
by  the  Earl  of  Hartfell  to  Lord  Johnstone  and  Lady  Henrietta  in  terms 
of  the  contract  of  marriage,  containing  precept  of  sasine.  That  charter  is 
dated  at  Lochwood  4th  June  1645.1  The  marriage  between  Lord  Johnstone 
and  Lady  Henrietta  Douglas  was  duly  solemnized  in  terms  of  the  contract 
ia  1645,  and  it  appears  to  have  been  a  very  happy  union. 

On  the  death  of  his  father,  James,  first  Earl  of  Hartfell,  in  April  1653, 
Lord  Johnstone  succeeded  to  the  peerage  of  Hartfell  and  the  Johnstone 
estates,  as  second  Earl  of  Hartfell.  He  expede  a  service  at  Lochmaben  on 
25th  October  1653  before  the  Sheriff  of  Dumfriesshire,  who,  at  an  inquest, 
made  a  retour  that  the  deceased  James,  Earl  of  Hartfell,  father  of  James,  now 
Earl  of  Hartfell,  died  seized  as  of  fee  in  the  lands  of  Johnstone  and  others 
therein  described ;  that  James,  now  Earl  of  Hartfell,  is  nearest  and  lawful 
heir-male  to  his  father  in  these  lands ;  that  the  lands  are  now  held  of  the 
keepers  of  the  liberties  of  England  in  place  of  the  late  king;  and  that  the 
late  Earl  of  Hartfell  died  in  the  month  of  April  1653.2  A  precept  was 
issued  on  31st  October  1653  by  the  keepers  of  the  liberties  of  England  for 
infefting  his  lordship  as  heir  to  his  father,  James,  Earl  of  Hartfell,  in  the 
lands  and  barony  of  Johnstone.3  Sasine  followed  on  the  precept  on  the  8th, 
9th,  and  10th  November  ensuing.4  The  feudal  title  of  the  second  Earl  of 
Hartfell  to  his  landed  estates  was  thus  formally  completed. 

1  Charter  in  Annandale  Charter-chest.  3  Annandale  Peerage  Minutes  of  Evidence, 

-  Annandale  Peerage  Minutes  of  Evidence,       187S,  p.  711. 
1876,  pp.  58-61.  *  Ibid.  p.  714. 


RETOUR  OF  SERVICE  TO  HIS  FATHER,  1653.  CCXvii 

During  his  protectorate,  Cromwell  changed  the  forms  of  retours  of  service 
by  heirs  to  their  ancestors.  He  provided  that  the  retours  should  in  future 
be  written  in  the  English  instead  of  the  Latin  language.  The  service  of  the 
second  Earl  of  Hartfell,  as  heir  to  his  father,  was  amongst  the  earliest  of  the 
retours  framed  according  to  the  new  rules,  and  great  care  was  taken  accurately 
to  observe  them.  Commissary  Nisbet,  the  eminent  lawyer,  was  consulted 
for  "  two  whole  days  "  regarding  the  service  to  be  expede.1 

Several  sums  were  necessarily  disbursed  in  the  expeding  of  the  service  of 
the  Earl  of  Hartfell.  After  the  lapse  of  two  centuries  it  may  be  of  some 
interest  to  recall  a  few  of  these  payments  as  showing  the  feudal  forms 
observed  in  the  early  years  of  the  commonwealth  in  making  up  the  title-deeds 
to  the  extensive  Annandale  estates.  A  month  after  the  long  consultation 
with  Commissary  Nisbet,  payments  were  made  as  follows  : — 

"  1653,  October  25th.  To  the  clerkis  of  your  lordships  services  at  Loch- 
maben  for  3  instruments  taken  in  the  church  ;  first,  for  two  protestations  againes 
the  service ;  2,  at  the  taking  of  the  inqueists,  oathes,  and  the  chancelloris 
report,  £4,  10s.  Od." 

"  For  William  Chalmers  charges  at  Lochmaben  and  Dumfreis  for  2  nights 
for  his  horse  and  James  Murrayes,  £9,  4s.  Od." 

"  1653,  October  27th.  To  him  at  his  going  bak  to  Edinburgh  from  Newbie 
for  his  paines  taken  and  expensis  in  puting  your  lordships  service  in  forme,  altho 
ther  wes  faltes  afterward  mendit  therein  be  Andro  Mairtein,  inde  £200,  0s.  Od." 

"  165 3,  November  9th.  For  Captain  Greins  charges,  his  mans,  James  Murray, 
and  vther  witnesses  to  your  lordships  infeftments  in  Moffetdaill  and  Evandaill, 
Lochwood,  Lochsyd,  Brounhill  and  Newbie,  £8,  7s.  Od." 

"  To  William  Maxwell  in  Lochmaben  for  the  expense  of  meit  and  drink 
furnished  be  him  ther,  the  day  of  your  lordships  being  served  aire,  inde 
£120,  0s.  Od." 

1  This  long  consultation  was  held  on  the  Commissary  was  afterwards  promoted,  first, 

19th   and   20th   September    1653,    and   the  to  be  Lord  Advocate,   and  then  a  Lord  of 

Commissary's   fee   was  £30.      [Accounts   in  Session  under  the  title  of  Lord  Dirleton. 
Annandale    Charter  -  chest.]       The    learned 

VOL.  I,  2  E 


CCXviii         JAMES,  EARL  OP  ANNANDALE  AND  HARTFELL,  1653-1672. 

In  the  following  year  one  more  payment  was  made  in  connection  with 
the  earl's  retour  of  service.  It  is  thus  entered  in  the  account  of  the 
Annandale  chamberlain  under  date 

"  1654,  Februarii  18th.  Item  to  Andro  Mairtein,  writer,  for  his  paines  taken 
in  righting  your  lordships  retours  and  helping  of  the  service  which  wes  severall 
wayes  wrong,  £66,  13s.  4d." 

In  the  years  1654  and  1655,  the  Earl  of  Hartfell  was  largely  occupied  and 
put  to  much  trouble  negotiating  the  remission  of  a  fine  with  which  he  was 
burdened  in  the  following  circumstances :  Cromwell's  council  of  state  by 
"An  ordinance  of  pardon  and  grace  to  the  people  of  Scotland,"  dated  12th 
April  1654,  imposed  heavy  fines  on  the  Scottish  nobility  and  gentry  to  be 
paid  in  two  moieties  on  2d  August  and  2d  December  following  respectively, 
under  penalty  of  confiscation  of  their  estates.1  The  Earl  of  Hartfell,  whose 
fine  amounted  to  £2000,2  in  common  with  others  also  fined,  felt  aggrieved, 
and  applied  to  the  council  to  be  relieved  from  the  fine.  The  council  remitted 
the  subject  to  a  committee.  In  the  meantime  the  Earl  of  Hartfell  was  not 
idle  in  the  matter,  as  the  following  excerpts  from  his  chamberlain's  accounts 
for  the  period  will  show  : — 

"  1654,  June  27th.    To  Mr.  Mosley,  clerk  to  the  fynes,  for  his  favour  to  your 

lordships  particulars  in  these, 
"  To  his  man,  a  dollar,  .... 

"  Item  in  drink,  etc.,  to  a  four  houres  with  him, 
"  1654,  October  16th.    Item  to  Mr.  Mosley,  clerk  to  the  fynes, 

at  the  extracting  of  your  lordships  report  of  friedom  of 

the  fyne,  10  dollors,         .  .  .  .  .     29   12     9 

"  Item  to  his  deput  for  an  extract  of  the  wholl  papers  given 

for  your  lordship  to  the  commissar,  .  .  .       6     0     0  "3 

1  Acts    of  the    Parliaments   of    Scotland,       "  thereafter  by  publict  act  restricted  to  £2000." 
vol.  vi.  part  ii.  pp.  817-820.  [Annandale   Peerage   Minutes   of   Evidence, 

2  In  an  account  of  his  sufferings  and  fines       1878,  p.  733.] 

which  the  Earl  of  Hartfell  afterwards  made  3  Accounts    in   Annandale   Charter- chest, 

use  of  in  his  claim  for  compensation,  he  states       One  of    the  English   judges    appointed    by 
that  his   fine  amounted   to   £4000    sterling       Cromwell  to  administer   the   law   at   Edin- 


0     0 

0 

2   18 

0 

6     7 

0 

THE  REDUCTION  OF  HIS  FINE,  1654.  ccxix 

On  9th  March  1655,  Colonel  Jones  gave  in  the  report  of  the  committee  to 
whom  the  matter  of  the  fines  had  been  referred,  in  five  articles.  By  the  first 
article  of  the  report  the  fine  of  the  Earl  of  Hartfell  was  reduced  to  £500. 
This  reduction  was  sanctioned  by  the  council  of  state.1  His  lordship,  who 
was  still  dissatisfied,  renewed  his  application  and  made  considerable  exertions 
to  have  the  whole  amount  of  the  fine  remitted.  He  went  to  London  that  he 
might  personally  attend  to  the  business.  In  a  letter  which  he  wrote  on  the 
subject  to  Hew  Sinclair,  his  chamberlain,  on  24th  July,  he  states  that  he 
had  delivered  a  letter  from  Mr.  Howard 2  with  a  new  petition  to  Cromwell, 
and  he  was  that  night  or  next  day  to  get  his  answer,  which  he  feared  would 
be  the  same  as  he  formerly  apprehended.  In  support  of  his  fears  he  states 
that  his  countryman,  who  had  shared  deeply  in  his  last  fine,  was  obstructing 
any  favour  promised  or  intended  by  the  Protector,  and  he  saw  no  prospect 
of  success  unless  Mr.  Howard  was  present  in  London.  He  refers  to  the 
English  council  as  possessed  of  an  opinion  of  his  "  abilitie  to  satisfye,  and 
deserved  suffering,"  and  adds,  "  For  monay  I  cannot  lay  doune  a  course  for 
it  except  freinds  wold  lay  ther  heids  togither  and  everie  one  advance  a  shaire 
in  so  greatt  ane  exigency."  The  earl  wrote  to  Mr.  Howard  to  write  to  four 
of  the  council  on  his  behalf.3 

A  few  weeks  later,  on  7th  August,  the  Earl  of  Hartfell  wrote  to  his 

burgh  was    named   Mosley.      It   was    pro-  vol.  vi.  part  ii.  p.  845.     Annandale  Peerage 

bably  this  judge,  or  a  relative  of  his,  who  Minutes  of  Evidence,  1879,  p.  766. 

was  the  clerk  of   the  fines   referred   to   in  2  Charles  Howard  of  Naworth,  afterwards 

the   above  excerpts.      The   clerkship  was  a  Earl  of  Carlisle,  was  at  this  time  one  of  the 

lucrative  office.     It  was  a  boast  of  the  time  nine  persons  composing  the  council  of  state 

that   Cromwell's   English  judges  gave  satis-  set  up  by  Cromwell  in  Scotland  for  adminis- 

faction  to  the  people  of  Scotland,  and  were  tering  all  civil   affairs  there.      The  council 

more  just  lawyers  than  the  Scotch  judges.  had    extensive    powers    given   them   in   all 

One  of    the  latter   being  taunted  with  that  matters  affecting  revenue,  and  therefore  Mr. 

fact,  explained   it   by   the   uncomplimentary  Howard   had    considerable    influence    in  the 

remark    that  Cromwell's  judges  in  Scotland  matter  then  concerning  the  Earl  of  Hartfell, 

were  "  a  pack  of  lcithless  loons,"  and  had  no  and  he  used  his  influence  on  behalf  of  the 

relatives  to  require  judicial  jobs.  earl  aud  others. 

1  Acts   of   the   Parliaments    of    Scotland,  3  Vol.  ii.  of  this  work,  p.  303. 


CCXX        JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,   1653-1672. 

countess  on  the  same  subject.  In  this  letter  he  apologises  for  his  prolonged 
stay  in  London  by  saying,  "  that  if  my  bussines  were  not  one  of  the  neirest 
and  highest  of  my  coneernmentts,  the  pleisours  of  this  place  wold  not  have 
allured  me  to  stay  one  weike,  nather  any  companie  I  am  withe."  He  had 
used  all  means  and  ways  in  the  matter,  but  ineffectually,  and  he  was  now  to 
return  home  when  he  received  an  answer  that  afternoon  to  a  petition,  "  the 
last  of  a  dozen  since  I  came  heire." 1  It  does  not  appear  what  the  answer 
was  that  was  given  to  the  petition  of  the  Earl  of  Hartfell  by  the  Protector 
before  his  lordship  left  London.  But  his  efforts  were  soon  after  this  crowned 
with  success,  as,  on  6th  November,  an  act  of  remission  was  passed  in  his 
favour.  The  book  of  the  council  of  state  for  that  date  has  the  following 
entry : — "  Ordered  by  his  Highness  the  Lord  Protector  and  the  councell 
that  the  fine  imposed  on  the  Earle  of  Hartfield  by  the  ordinance  of  pardon 
and  grace  to  the  people  of  Scotland  be  wholly  remitted  and  discharged." 2 

In  the  record  of  Cromwell's  second  parliament  of  both  nations,  held  at 
Westminster  27th  July  1654,  "Col.  James,  Earl  of  Hartfell,"  is  named  as  a 
member  of  parliament  for  the  shire  of  Dumfries.  Of  the  thirty  members  for 
Scotland  who  were  summoned  to  this  parliament  only  twenty-one  obeyed 
the  summons.  The  Earl  of  Hartfell  was  one  of  those.  As  a  peace-loving 
subject  he  had  no  alternative  but  to  recognise,  to  a  prudent  extent,  the 
Protector,  whose  authority  was  paramount  for  the  time.  The  earl  attended 
several  of  the  parliaments  of  the  Protector.  By  an  order  and  declaration,  of 
date  December  21st,  1655,  the  council  of  state  named  commissioners  of  the 
shires,  burghs,  etc.,  in  Scotland.  Those  named  for  the  shire  of  Dumfries 
included  General  George  Monck,  one  of  his  Highness'  council  in  Scotland,  and 
the  Earl  of  Hartfell  and  others.    On  17th  September  1656,  and  again  on  26th 

1  Vol.  ii.  of  this  work,  p.  305.  being  made  out  subsequent  to  the  year  1661, 

there  is  included  the  fine  of  "  £500  sterling, 

2  Annandale  Peerage  Minutes  of  Evidence,  which  fine  was  of  loss  and  expence  above 
1879,  p.  767.  In  an  account  of  the  sufferings  £900  sterling  is  £10200  :  00  :  0  "  Scots.  [Ibid. 
and  fines  of  the  earl,  which  bears  evidence  of       1S7S,  p.  733.] 


DISCOVERY  OP  MOFFAT  SPA,  AND  REPAIR,  1657.  ccxxi 

January  1659,  when  new  commissioners  of  counties  and  towns  of  Scotland 
were  appointed,  the  earl  is  again  named  for  the  shire  of  Dumfries  along 
with  General  Monck  and  others.1 

While  Mr.  Whyteford,  afterwards  promoted  to  be  Bishop  of  Brechin,  was 
minister  of  Moffat,  in  the  reign  of  King  Charles  the  First,  his  only  daughter 
Bachel  is  popularly  stated  to  have  discovered,  in  1633,  the  merits  of  the  far- 
famed  Moffat  spa.  But  another  account  has  been  given  of  the  origin  of  this 
spa.  Matthew  Mackaile,  in  1659,  published  an  account  of  the  spa  under  the 
title  of  "  The  Moffet  Well,  or  a  topographico-spagyricall  description  of  the 
Mineral  Wells  at  Moffet,  in  Annandale  of  Scotland." 

Mr.  Mackaile  afterwards,  in  1664,  published  a  new  edition  of  his  work, 
translated  and  much  enlarged,  in  which  he  gives  an  account  of  the  discovery 
of  the  Moffat  well.  An  invalid,  he  says,  who  was  accustomed  to  make 
annual  visits  to  the  wells  at  Brampton,  in  travelling  through  Annandale 
discovered  there  a  smell  similar  to  that  of  the  Brampton  wells,  and  this  led 
him,  about  the  year  1653,  to  trace  out  the  Moffat  well.  The  invalid  discoverer 
of  the  well  recommended  it  to  his  friends,  asserting  that  the  water  was 
enriched  with  the  like  virtue  of  the  water  of  Brampton  and  that  of  many 
other  spas ;  and  in  the  course  of  twelve  months  all  sorts  of  sick  persons 
resorted  to  it  from  all  parts  of  the  country.2 

As  illustrating  the  celebrity  of  Moffat  spa,  it  may  be  noted  that,  in  16 GO, 
Lady  Mary  Scott,  Countess  of  Buccleuch,  then  thirteen  years  of  age,  whose 
health  had  for  some  years  been  very  unsatisfactory,  was  recommended  by 
ten  physicians  and  surgeons,  met  in  consultation  on  26th  April  of  that  year, 
to  follow  a  course  of  treatment,  including  the  drinking  of  Moffat  well, 
which  she  was  to  take  "  according  to  the  direction  of  the  physicians."  3 

Mr.  Mackaile  proceeds  to  explain  in  his  work  that  two  years  had  not 
elapsed  since  the  Earl  of  Hartfell  was  pleased  to  command  the  dressing  of 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  vi.  part  ii.  p.  839a,  85P,  881b. 

2  Moffat  Well,  by  Matthew  Mackaile,  Ed.  1664,  pp.  10,  43,  44.  . 

3  The  Scotts  of  Buccleuch,  vol.  i.  p.  375,  note. 


CCXxii         JAMES,  EARL  OF  ANNANDALE  AND  HAETFELL,  1653-1672. 

the  well,  and  also  the  surrounding  of  it  with  a  wall,  so  that  the  entry  to  it  is 

much  improved. 

In  reference  to  the  repair  and  preservation  of  the  well  hy  the  earl,  as 

stated  by  Mr.  Mackaile,  there  is  corroborative  evidence  that  his  statement  is 

correct  in  an  order  made  by  Cromwell's  council  in  Scotland  as  follows : — 

By  his  Highnes  Councill  in  Scotland  for  the  government  thereof. 

Whereas  James,  Earle  of  Hartfell,  hath  peticioned  the  councill  for  some  allowance  out 
of  the  vacant  stipends  of  the  parishes  of  Moffett  and  Kirk-Patrick-Juxta  remaineing  in  his 
hands  for  makeing  the  Well  of  Moffett  convenient  and  secure  hy  raiseing  a  font  and  walls 
about  the  said  well,  vppon  consideracion  of  the  premisses  the  councill  doe  order,  and  it  is 
heereby  ordered  that  the  said  Earle  bee  allowed  twenty-fiue  pounds  sterling  out  of  the 
remainder  of  the  vacant  stipends  of  the  parishes  aforesaid  in  the  hand  of  the  said  Earle  to 
bee  imployed,  by  aduice  and  concurrance  of  William  Eosse,  Esquire,  comissary  of  Dumfreeze, 
for  putting  the  said  well  of  Moffett  in  such  a  condicion  that  people  may  securely  make  vse 
of  the  said  well,  which  twenty-fiue  pound  aforesaid  Mr.  Daglish,  collector  of  the  vacant 
stipends,  is  to  allow  accordingly.  And  Mr.  Eosse  is  heereby  appointed  to  see  it  don 
according  to  the  intent  of  this  ordour  by  the  first  of  May  next,  and  giue  an  accomptt  of  the 
issues  of  the  said  fiue  and  twenty  pound  to  the  councill  about  that  time.  Giuen  att  Edin- 
burgh the  twentieth  day  of  August  1657.  George  Monck. 

J.  StJlNTOUNE. 

Ad.  Scrope. 
Nath.  Whetham. 

Two  years  previous  to  the  Act  of  1659  appointing  General  Monck  as  one  of 
the  commissioners  for  the  shire  of  Dumfries,  he  made  the  above  order  to  his  col- 
league in  the  representation  of  the  county  for  the  improvement  of  Moffat  well. 

The  order  is  impressed  on  the  top  with  the  seal  of  the  council  of  Scot- 
land on  wax,  a  shield,  having  a  Saint  Andrew's  cross  charged  in  the  centre, 
with  an  escutcheon  bearing  a  lion  rampant.  The  shield  is  surrounded  with 
the  inscription,  "  Sigillvm  concillii  Scotie." 1 

Health-seekers  have  for  two  centuries  resorted  to  Moffat  spa,  and  many 
marvellous  cures  of  invalids  from  its  virtues  have  been  recorded.  It  is  situ- 
ated near  Archbank,  on  the  property  of  Mr.  Hope  Johnstone.  Another  spa 
was  subsequently  discovered  to  the  east  of  the  Moffat  well,  in  the  mountains 
of  Hartfell,  and  is  known  as  the  Hartfell  spa. 

1  Original  order  in  Annandale  Charter-chest. 


MAKES  A  NEW  ENTAIL  OF  PEERAGES  AND  ESTATES.         CCXXUl 

CHAPTER  SECOND. 

Seven  years  without  children  of  his  marriage — Birth  of  two  daughters  by  1654 — He  makes 
a  disposition  and  entail  of  his  estates,  1655 — Provision  in  favour  of  his  heirs-female, 
in  case  of  failure  of  heirs-male  of  his  body,  of  the  earldom  of  Hartfell — Death  of  his 
only  brother,  Lieutenant-Colonel  William  Johnstone,  without  issue,  1656 — Consequent 
failure  of  male  heirs  in  the  main  line  of  the  Johnstones — Anxiety  of  the  Earl  to  secure 
the  succession  to  his  peerages  and  estates  to  the  heirs  of  his  body — He  makes  a  further 
entail  and  resignation  of  his  inherited  peerages  and  estates,  1657 — Provisions  of  the 
entail  in  favour  of  his  heirs-female — Circumstances  in  which  the  entail  was  made — 
Appointed  by  Charles  the  Second  Commissioner  for  plantation  of  Kirks  and  valuation 
of  Teinds,  1661 — He  is  placed  on  other  commissions — Created  Earl  of  Annandale, 
1661 — Crown  charter  of  confirmation  of  the  earldom  of  Annandale  and  Hartfell,  includ- 
ing the  peerages,  1662 — The  validity  of  his  title  to  the  peerages  and  territorial  earldom 
— Eecommended  to  the  king  on  account  of  his  sufferings  and  losses — Made  a  Privy 
Councillor,  1661 — Appointed  heritable  steward  of  the  stewartry  of  Annandale,  1662 — 
Made  hereditary  keeper  of  the  castle  of  Lochmaben. 

In  the  years  1655  and  1657,  the  Earl  of  Hartfell  granted  a  series  of  deeds 
the  effect  of  which  was  designed  to  change  the  order  of  the  succession  to  his 
peerages  and  estates.  There  were  strong  reasons  moving  his  lordship  to  take 
this  important  step.  The  moving  causes  leading  up  to  them,  the  deeds  them- 
selves, and  the  change  which  they  had  in  view,  together  with  the  subsequent 
creation  of  three  new  peerages  in  the  family  in  1661,  and  the  order  of 
succession  stated  in  the  grant  of  these  peerages,  will  now  be  described. 

The  two  peerages  and  large  landed  estates  possessed  by  the  first  Earl  of 
Hartfell,  and  to  which  his  son,  the  second  Earl,  succeeded  on  the  death  of 
his  father  in  1653,  were  held  under  the  restricted  limitation  to  heirs-male 
general.  Female  heirs  were  excluded  from  the  succession.  If,  therefore, 
upon  the  death  of  the  second  earl,  there  was  a  failure  of  heirs-male  in  the 
main  line  of  the  family,  the  Hartfell  and  Johnstone  peerages  and  estates 
would  descend  to  heirs-male  collateral.  This  gave  rise  to  anxiety  on  the 
part  of  the  family  to  have  heirs  born  to  them  who  could  inherit  their 
possessions,  and  it  was  sought  by  the  marriage  in  1645  between  Lord 
Johnstone,  when  quite  young,  and  his  distinguished  bride,  who  was  still 
younger,  which  has  been  already  noticed,  to  provide  such  heirs.     The  case 


CCXxiv        JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 

was  somewhat  analogous  to  that  of  the  nearly  contemporary  one  of  the  great 
Marquis  of  Montrose,  an  only  son,  who  was  married  at  the  early  age  of 
seventeen,  in  the  hope  of  providing  heirs  to  his  peerages  and  estates. 

But  although  the  second  Earl  of  Hartfell  was  thus  early  married,  his  hope 
of  having  heirs-male  of  his  body  to  succeed  him  was  at  first,  and  for  a  long 
period  of  years,  disappointed.  Six  years  passed  away  after  the  marriage 
and  still  no  child  was  born  to  the  Earl  and  Countess  of  Hartfell.  In  1652, 
the  seventh  year  from  the  date  of  the  marriage,  a  daughter  was  born.  In  the 
years  1654,  1657,  1658,  and  1659,  four  children  were  born  in  succession,  but 
all  of  them  were  daughters.  Thus  in  1655,  ten  years  after  the  marriage  of 
the  earl,  no  son  was  born  to  him,  but  only  daughters.  In  these  circum- 
stances the  Earl  of  Hartfell,  beginning  to  despair  of  the  continuance  of  his 
direct  male  line,  took  very  formal  proceedings  in  the  years  1655  and  1657 
for  the  purpose  of  securing  that  his  peerages  and  estates  should  be 
inherited  by  the  children  of  his  own  body,  and  not  by  collateral  heirs-male. 

On  15th  February  1655,  his  lordship  made  a  bond,  disposition,  and 
entail  in  favour  of  his  countess  and  their  children.  The  bond  narrates 
that  by  the  marriage  contract  between  them,  Lady  Henrietta,  his  countess, 
was  provided  in  conjunct-fee  to  the  manor-place  of  Lochwood  and  adjoining 
lands,  of  the  annual  value  of  eight  thousand  merks  Scots,  and  that  the 
earldom  of  Hartfell,  with  the  lordships,  baronies  and  lands  belonging 
thereto,  was  entailed  to  the  heirs-male  of  their  bodies,  failing  whom,  to  their 
other  heirs-male  whatsoever.  It  recites  further,  that  for  the  love  he  had  to 
his  countess,  and  also  for  certain  good  deeds  done  to  him  by  her  parents,  the 
Marquis  of  Douglas  and  Lady  Mary  Gordon,  his  spouse,  he  obliged  himself 
and  his  heirs  to  infeft  Lady  Henrietta  in  liferent  in  the  manor-place  of 
Newbie  and  adjacent  lands,  of  the  yearly  value  of  8000  merks  Scots,  in  lieu 
of  the  liferent  conjunct-fee  of  the  manor-place  and  lands  of  Lochwood. 

The  bond  of  entail  contains  the  provision  that  in  the  event  of  the  decease 
of  the  earl,  without  male  issue,  his  earldom  of  Hartfell  should  be  inherited  by 


DEATH  OF  LIEUTENANT-COLONEL  WILLIAM  JOHNSTONE,  1656.      CCXXV 

the  heirs-female  of  his  body.  It  also  rescinds  all  former  entails  of  his  lands 
made  by  the  earl  or  his  predecessors  in  favour  of  heirs-male  other  than  those 
of  his  own  body,  and  obliges  him  never  to  make  any  entail  or  disposition  of 
his  estates,  failing  heirs-male  of  his  body,  to  the  prejudice  of  the  heirs- 
female  of  his  body.  The  earl  obliged  himself  to  warrant  the  new  disposition 
and  entail  in  favour  of  his  heirs-female  at  all  hands.1 

Two  years  after  making  the  bond  and  entail  now  described,  the  Earl  of 
Hartfell  took  still  more  formal  proceedings  to  secure  the  object  he  had  in 
view  in  making  that  deed.  In  the  interval  between  the  date  of  that  bond 
and  entail  and  that  of  the  entail  and  resignation  which  he  now  made,  his 
anxiety  upon  the  subject  was  considerably  increased  by  an  event  which 
materially  affected  the  succession  to  his  peerages  and  estates.  This  event  was 
the  death  of  his  only  brother,  Lieutenant-Colonel  William  Johnstone,  without 
issue.  James,  first  Earl  of  Hartfell,  as  shown  in  his  memoir,  left  of  male  issue 
only  two  sons,  James,  the  second  earl,  the  subject  of  the  present  Memoir, 
and  Lieutenant-Colonel  William  Johnstone  of  Blacklaws  in  Evandale.  The 
colonel  had  for  some  time  received  the  courtesy  title  of  Master  of  Johnstone, 
as  heir-presumptive  to  his  brother,  Lord  Johnstone,  until  his  lordship  should 
have  a  son  born  to  him.  Colonel  Johnstone  had  gone  abroad  and  attained 
rank  in  foreign  military  service.  He  returned  to  Scotland,  and  was  residing 
with  his  friends  in  Annandale  in  the  end  of  the  year  1656.  In  the  book  of 
accounts  of  Hew  Sinclair,  who  was  chamberlain  to  the  earl  for  many  years, 
including  the  years  1654  to  1662,  there  occur  the  following  among  other 
entries  relating  to  Lieutenant-Colonel  Johnstone,  which  show  that  he  died  at 
Newbie  after  sickness,  and  that  his  corpse  was  embalmed  and  buried  there 
on  19th  February  1657. 

"1657,  26th  January.  Item,  for  48  torches  sent  to  Newbie  to  Lieu* 
Coll.  Jonstounes  buriell  the  19th  of  Februarii  1657,  at  12s.  the  peice  is, 
£28,  16s. 

1  Annandale  Peerage  Minutes  of  Evidence,  1878,  pp.  719,  720. 
VOL.  I.  2  F 


CCXXvi         JAMES,  EARL  OF  ANNANDALE  AND  HARTEELL,  1653-1672. 

"April  1657.  Item,  to  Mr.  John  Strudgen  to  give  Doctor  Nairne  in 
attending  the  Live.  Coll.  in  his  seiknes  and  imbalmeing  his  corpes, 
£66,  13s.  4d." 

As  Lieutenant-Colonel  Johnstone  died  unmarried  and  without  issue,  his 
remaining  brother,  James,  second  Earl  of  Hartfell,  was  the  only  surviving 
male  representative  of  the  family  of  Johnstone.  The  failure  of  male  heirs  in 
the  main  line  of  the  Johnstones  was  thus  very  remarkable.  At  this 
juncture,  if  the  Earl  of  Hartfell  himself  had  died  as  well  as  his  younger  and 
more  robust  brother — and  Earl  James  was  often  in  indifferent  health,  and 
ultimately  died  at  the  comparatively  early  age  of  forty-seven — all  the 
peerages  of  Hartfell,  Johnstone,  Moffatdale  and  Evandale,  would  have  been 
escheated  to  the  commonwealth  and  lost  to  the  family.  The  patents 
were  limited  to  heirs-male,  a  limitation  which  has  been  construed  to  mean 
heirs-male  collateral.  After  the  lapse  of  a  century  and  after  extensive  and 
exhaustive  investigations,  no  one  has  been  able  to  establish  a  claim  as  heir- 
male  under  these  patents. 

Considerations  such  as  these  evidently  pressed  upon  the  mind  of  the 
Earl  of  Hartfell.  He  had  by  the  18th  of  January  1657,  three  daughters,  no 
sons,  no  brothers,  no  uncles,  and  no  known  male  relation  direct  or  collateral. 
He  had,  besides  his  daughters,  two  sisters,  both  married,  with  children, 
probably  nephews  and  nieces.  As  the  long  period  of  twelve  years  had 
elapsed  since  the  date  of  his  marriage,  it  was  only  natural  that  he  should 
begin  to  despair  of  the  continuance  of  his  direct  male  line. 

Thus  the  death  of  the  earl's  only  brother  without  issue,  and  the  delay 
of  a  son  of  his  marriage,  really  produced  a  serious  crisis  in  the  history 
of  the  family.  New  arrangements  for  the  resettlement  of  the  peerages 
and  estates  became  necessary,  in  order  to  bring  in  his  daughters  and 
sisters  and  their  descendants  into  the  succession.  The  deed  now  to  be 
described  shows  that  the  Earl  of  Hartfell  acted  in  this  manner.  On 
14th   May    1657,   he  made   a   resignation    of  all  his  heritable  estates,  and 


RESIGNATION  OF  PEERAGES  AND  ESTATES,   1657.  ccxxvii 

also  of  all  his  peerages,  for  a  regrant  thereof  in  favour  of  himself  and  the 
heirs-male  of  his  body  ;  whom  failing,  to  the  heirs-female  of  his  body  ;  whom 
failing,  to  his  sisters  and  the  heirs  of  their  bodies.  The  entail  and  resigna- 
tion, which  is  a  very  formal  document,  prepared  and  written  by  Mr.  William 
Syme,  advocate,  bears  to  be  made  by  the  earl  for  the  weal  and  standing  of 
his  family,  honour  and  dignity,  in  his  own  posterity  and  children  of  his  body, 
and  failing  them,  in  the  persons  of  his  other  heirs  of  entail  and  provision 
therein  specified.  The  Earl  of  Hartfell  thereby  became  bound  for  himself 
and  his  heirs-male,  tailzie  and  provision,  and  all  his  other  heirs,  to  make 
resignation  of  his  honour,  title,  and  dignity,  of  Earl  of  Hartfell,  Lord 
Johnstone  of  Lochwood,  Moffatdale,  and  Evandale,  and  of  all  lands, 
lordships,  baronies,  and  regalities,  etc.,  and  all  other  lands  and  heritages 
whatsoever  belonging  to  him,  within  Scotland.  The  resignation  was  to  be 
made  in  the  hands  of  the  superiors  of  the  earl,  or  their  commissioners 
having  power  to  receive  such  resignations,  in  favour  of  and  for  new 
rights  and  infeftments  to  be  made  and  granted  to  the  earl  himself  and 
the  heirs-male  of  his  body,  which  failing,  to  the  heirs-female  of  his  body, 
according  to  their  birth  successively,  without  division,  and  the  heirs  of 
their  bodies ;  which  failing,  to  his  sisters,  Lady  Mary  Johnstone,  spouse 
to  Sir  George  Graham  of  Netherbie,  knight  and  baronet,  and  Lady  Janet 
Johnstone,  spouse  to  William  Murray  of  Stanhope,  and  their  descendants 
in  the  order  and  under  the  conditions  specified  in  the  entail ;  which  all 
failing,  to  any  such  person  or  persons  as  the  earl  in  his  lifetime  should 
nominate  and  design  by  any  other  deed ;  and  failing  of  the  foresaid  heirs  of 
entail,  or  such  designation  on  the  part  of  the  earl,  the  said  title,  dignities, 
and  estates  were  to  belong  to  his  heirs  and  assignees  whatsoever.1 

That  resignation  and  bond  of  entail  was  subscribed  by  the  Earl  of  Hartfell 
at  Netherbie,  in  Cumberland,  the  residence  of  his  eldest  sister,  Lady  Mary, 
wife  of  Sir  George  Graham  of  Netherbie,  baronet.     According  to  a  minute  at 
1  Annandale  Peerage  Minutes  of  Evidence,  1S76,  pp.  26S-274. 


CCXXviii      JAMES,  EARL  OF  ANNANDALE  AND  HARTPELL,   1653-1672. 

the  end  of  the  resignation,  on  19th  June.  James  Brown,  macer,  made  the 
resignation  in  the  hands  of  Judge  Mosley,  president  of  the  exchequer,  before 
six  witnesses,  officials  of  exchequer,  and  others  not  named.  The  minute  of 
resignation  is  attested  by  two  notaries-public.1 

The  intention  of  the  Earl  of  Hartfell  to  divert  the  succession  to  his 
peerages  and  estates  so  as  to  include  his  heirs-female  after  the  heirs-male  of 
his  body  is  very  clear  from  the  entail  of  1655  and  the  entail  and  resignation 
of  1657.  But  it  receives  further  attestation  in  other  deeds  of  settlement 
which  his  lordship  also  made  about  this  time.  One  of  these  is  a  general 
assignation  in  favour  of  the  heirs-male  of  his  body  ;  whom  failing,  his  eldest 
heir-female,  without  division,  and  the  heirs  of  her  body ;  whom  failing,  his 
heirs  of  entail  and  provision,  of  all  bonds,  heritable  or  moveable,  to  which  he 
had  right,  and  to  all  debts  and  sums  of  money  that  might  be  owing  to  him  at 
his  death.2  Another  of  the  deeds  referred  to  is  that  of  a  bond  of  provision  by 
the  earl  to  Lady  Margaret  Johnstone,  his  second  daughter,  for  an  annual 
rent  out  of  his  lands,  which  was  to  be  held  of  him,  his  heirs-male,  and  of 
entail,  mentioned  in  a  bond  of  entail.3 

The  bond,  disposition,  and  entail  by  the  earl  in  favour  of  his  countess 
and  their  children  in  1655,  obliging  himself  to  infeft  the  former  in  the  lands 
of  Newbie,  the  earl  now  followed  with  a  bond  of  provision  in  her  favour, 
whereby  he  provides  her  in  liferent  in  the  lands  of  the  Mains  of  Newbie 
and  others  in  place  of  the  lands  of  Woodend  and  others  provided  to  her  by 
her  marriage-contract.     The  bond  contains  a  procuratory  of  resignation.4 

These  several  deeds,  including  the  entail  and  resignation  of  14th  May  1657, 
were  all  written  by  Mr.  William  Syme,  advocate,  and  attested  by  him  and 
other  two  witnesses.  They  are  also  all  subscribed  by  the  earl,  but,  unlike  the 
entail  and  resignation,  the  other  deeds  are  without  date,  although  the  bond 
of  provision  to  Lady  Margaret  has  written  at  the  foot  of  it  the  date  14th  May 

1  Annandale  Peerage  Minutes  of  Evidence,  1876,  p.  274. 

2  Ibid.  1S77,  p.  580.  3  Ibid.  pp.  583-584.  4  Ibid.  pp.  581-583. 


RESIGNATION  OF  PEERAGES  AND  ESTATES,   1657.  ccxxix 

1657.     In  the  Annandale  chamberlain's  accounts  for  the  period  occur  the 
following  entries  relative  to  these  deeds : — 

"1656,  April  5.  Item,  to  Commissar  Nisbet,  with  a  consultation  with  Mr. 
William  Syme  anent  the  tailye,  quherto  the  paton  of  eardom  [patent  of  earldom] 
wold  be  sein,  and  concerning  my  ladyes  excheange  of  hir  ladyships  joyntur  to 
Newbie,  inde  5  doners,  .  .  .  .  .  014   10     0 

"  1657,  May  17.  Item,  to  Commissar  Nisbet  at  Edinburgh  for  a  consultation 
anent  the  paper  of  drawin  be  Mr.  William  Syme,  5  dollers  is,  0014   10     0 

"  1657,  September  11th.  Item,  to  Ja.  Broun  for  passing  and  assisting  resig- 
nation tailzie  to  your  daughters,  to  get  it  quyetlie  done,"  .     006   00     0"1 

The  executing  of  so  many  deeds  on  the  lines  now  set  forth  at  this 
particular  time,  and  in  the  particular  state  of  the  family,  brings  out  the 
intense  desire  of  the  Earl  of  Hartfell  to  prefer  his  daughters  and  sisters  to 
any  heirs-male  collateral  in  the  succession  to  his  peerages  and  estates,  and 
also  that  he  was  concerning  himself  to  make  provision  for  his  female  heirs. 

The  most  important  of  all  these  deeds  is  the  bond  of  entail  and  resigna- 
tion of  14th  May  1657.  The  law  and  practice  of  resignation  taken  advantage 
of  by  the  Earl  of  Hartfell  was  common  in  Scotland.  Holders  of  dignities  or 
landed  estates  had  the  privilege  of  denuding  themselves  of  their  rights  to 
these  for  the  purpose  of  receiving  a  regrant  of  them  to  the  same  heirs  or  to 
a  series  of  heirs  different  from  that  vesting  at  the  time  of  the  resignation. 
The  form  of  resignation  varied.  It  was  made  either  in  the  hands  of  the 
king,  or  of  the  privy  council,  or  of  the  barons  or  judges  of  exchequer.  In 
England  resignations  of  peerages  were  deemed  effectual  only  if  made  in 
the  hands  of  the  sovereign.  But  in  Scotland  each  of  these  forms  was  recog- 
nised, and  there  are  many  instances  of  resignations  made,  both  of  peerages 
and  estates,  in  each  of  these  forms  which  were  followed  by  a  regrant  from 
the  king.  In  the  case  of  a  resignation  of  an  estate  in  any  of  these  forms, 
the  regrant  was  invariably  made  to  the  series  of  heirs  desired  by  the  person 
making  resignation.     But  in  the  case  of  a  resignation  of  a  peerage,  the  crown 

1  Accounts  for  the  year  1C56  and  1657,  pp.  S5,  114,  125,  in  Aunaudale  Charter-chest. 


CCXXX      JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 

claimed  the  prerogative  of  giving  a  regrant  of  the  title  to  the  new  series  of 
heirs  desired,  or  otherwise.  The  effect  of  the  resignation  of  a  peerage  was 
that  the  person  resigning  was  divested  for  the  time  of  his  honours,  and  lie 
had  the  use  of  these  only  by  courtesy  until  he  received  a  regrant  of  them. 
In  the  interval  between  the  resignation  and  regrant,  the  series  of  heirs  under 
the  original  grant  of  the  peerage  were  barred  from  succeeding  to  it.  But  the 
new  series  of  heirs  were  vested  with  no  right  to  the  peerage  in  question  until 
the  regrant  was  given  in  their  favour  by  the  king. 

The  Earl  of  Hartfell  made  resignation  of  both  of  his  peerages  of  Hartfell 
and  Johnstone,  and  also  of  his  estates.  His  resignation  was  made  in  the 
hands  of  the  judges  of  exchequer,  which  was  the  usual  form  of  making 
resignations.  It  was  thus  in  legal  form  and  according  to  a  common  privilege. 
After  the  Eestoration  the  crown  acknowledged  the  validity  of  every  other 
resignation  made  during  the  commonwealth,  although  generally  with  some 
remark  in  the  quaequidem  clause  about  the  pretended  commissioners  of 
exchequer.  It  does  not  therefore  militate  against  the  validity  of  the 
resignation  of  the  Earl  of  Hartfell  that  he  made  it  in  the  hands  of  the  officers 
of  the  commissioners  of  exchequer  at  the  time.  The  resignation,  as  has  been 
seen,  was  made  at  a  time  when  an  emergency  in  the  history  of  the  Hartfell 
family  had  arisen.  If  the  Earl  of  Hartfell  had  died  after  the  resignation 
made  by  himself  in  1657,  leaving  only  daughters,  his  peerages  and  estates 
might  have  been  claimed  by  the  Protector's  government  as  the  feudal 
superiors  in  place  of  King  Charles  the  Second.  That  government  claimed 
to  be  the  true  and  lawful  superiors,  and  of  course  they  adopted  that  position 
with  all  the  obligations  attaching  to  it.  The  earl  could  therefore  plead 
urgency  in  making  the  resignation. 

In  ordinary  course  a  regrant  would  have  followed  immediately  upon 
the  resignation  of  the  Earl  of  Hartfell,  in  such  terms  as  the  feudal  superior 
decided.  In  adopting  the  course  of  making  a  resignation  of  his  peerages 
and  estates,  and  a  new  disposition  in  favour  of  the  heirs  of  his  own  body,  the 


RESTORATION  OF  KING  CHARLES  THE  SECOND,  1660.  CCXXxi 

Earl  of  Hartfell  was  well  advised  by  the  ablest  feudal  lawyers  of  the  day. 
The  step  was  no  hasty  or  ill-considered  one,  but  carefully  advised  after  long 
consultation  with  the  learned  lawyers.  No  trace  of  any  charter  by  Cromwell 
following  upon  the  resignation  of  1657  has  been  found,  either  in  the  Eegister 
of  Scotch  Charters  granted  by  him,  or  otherwise.  Even  if  Cromwell  had 
made  a  grant  to  the  Earl  of  Hartfell  of  his  peerages  and  estates  to  a  different 
class  of  heirs  than  to  those  of  his  own  body  mentioned  in  the  resignation, 
King  Charles  the  Second  would  have  disregarded  such  a  grant  as  inconsistent 
with  the  bounty  and  generosity  shown  by  him  in  his  own  patent  and  crown 
charter  of  the  old  and  new  peerages  and  estates. 

The  commonwealth  of  Cromwell,  which  had  been  maintained  by  his  own 
firm  hand,  soon  crumbled  to  pieces  under  the  feebler  protectorate  of  his  son, 
Eichard.  The  restoration  of  King  Charles  the  Second  took  place  on  29th 
May  1660,  and  many  of  his  loyal  subjects,  including  the  Earl  of  Hartfell, 
who  had  suffered  for  the  royal  cause  by  fines  and  imprisonment,  had  their 
sufferings  and  loyalty  considered  under  the  restored  sovereign. 

The  king  entered  London  amid  great  demonstrations  of  joy  upon  the  part 
of  the  people  on  29th  May.  The  Earl  of  Hartfell  evidently  joined  in  the 
general  rejoicing,  as  he  was  in  London  from  the  28th  May  to  the  12th  July 
1660,  as  appears  from  the  following  entry  in  the  account  of  his  chamberlain : — 

"  Item,  to  my  lord  at  his  goeing  to  London,  and  sent  to  him  since  betuixt  the 
28th  of  May  and  the  12th  of  July  (60),  as  ane  syde  of  my  paper  in  my  book 
of  chairge  doeth  clearly  instruct,  £3466,  13s.  Sd."1 

The  restored  monarch  soon  conferred  upon  the  Earl  of  Hartfell  substantial 
marks  of  his  royal  favour.  On  13th  February  1661  he  bestowed  upon  him 
the  three  new  peerages  of  Earl  of  Annandale,  Viscount  Annand,  and  Lord 
Lochmaben.  Even  so  early  as  July  of  the  previous  year,  only  two  months 
after  his  restoration,  the  king  must  have  notified  to  the  earl  his  intention 

1  Accounts  in  Annandale  Charter-chest. 


CCXXxii        JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 

to  grant  him  a  patent  of  these  peerages,  and  also  the  high  office  of  steward 
of  Annandale,  as  the  following  excerpt  bears  : — 

"25th  July  1660. — Item,  to  Andrew  Mairtein  for  wryteing  of  my  lord's 
patent  to  the  erledome  of  Annandaile,  and  a  signatour  for  the  stewartshipe 
therof,  which  was  sent  to  London." l 

This  entry  in  the  account  of  the  chamberlain  of  Annandale  plainly 
instructs  that  the  king  and  his  advisers  had  been  so  very  favourable  to  the 
Earl  of  Hartfell,  and  so  anxious  to  gratify  him  in  reference  to  the  regrant 
of  his  peerages  and  estates,  that  he  actually  intrusted  the  preparation  of  the 
new  patent  of  the  earldom  of  Annandale,  and  also  the  signature  for  the 
office  of  steward,  to  the  legal  advisers  of  the  earl  himself. 

The  patent,  which  is  dated  13th  February  1661,  narrates  the  previous 
patent  of  the  creation  of  the  Earl  of  Hartfell  in  1643,  and  acknowledges 
the  faith,  love,  services  and  losses  of  the  earl  in  the  affairs  intrusted  to 
him,  fully  proved  by  many  testimonies.  It  then  proceeds,  that  the  earl 
and  his  heirs  might  be  stimulated  to  continue  their  fidelity  towards 
their  king  and  country,  and  to  tread  the  same  track  of  virtue,  considering 
that  James  (Murray),  Earl  of  Annandale,  died  without  heirs-male  of 
his  body,  that  his  diploma  and  dignity  reverted  to  the  crown,  and  that  no 
one  was  so  worthy  to  enjoy  the  said  title,  as  well  because  of  his  merits 
as  of  the  proximity  of  the  estates  of  Annandale  to  those  of  Hartfell ; 
and  the  king  graciously  desiring  to  confer  on  the  earl  some  token  of  his 
royal  love  by  accumulating  honour  upon  honour,  as  well  on  account  of  his 
merits  as  that  he  and  his  heirs  may  be  incited  to  tread  in  his  footsteps ; 
therefore  the  king  created  and  inaugurated  James,  Earl  of  Hartfell,  and  his 
heirs-male,  whom  failing  the  eldest  heir-female  of  his  body,  without  division, 
and  the  heirs-male  of  the  body  of  the  said  eldest  heir-female,  whom  all  fail- 
ing the  next  heirs  whomsoever  of  the  said  earl,  in  all  future  ages,  Earls  of 

1  Accounts  in  Annandale  Charter-chest. 


PATENT  OF  EARLDOM  OF  ANNANDALE,   1661.  CCXXxiii 

Annandale  and  Hartfell,  Viscounts  of  Annand,  Lords  Johnstone  of  Lochwood, 
Lochmaben,  Moffatdale  and  Evandale,  and  ordained  that  the  earl  enjoy  the 
place  granted  to  the  deceased  Earl  of  Hartfell  in  the  year  1643.1 

The  patent  of  these  peerages  which  the  Earl  of  Hartfell  now  received, 
shows  that  he  was  in  great  favour  with  the  king.  It  sets  forth  his  services 
and  sufferings  in  very  complimentary  terms ;  it  expresses  the  king's  gratitude 
for  these ;  it  introduces  the  heirs-female  in  terms  of  his  lordship's  resigna- 
tion, and  it  bestows  upon  him  three  additional  peerages.  The  intention  of 
the  king  was  manifestly  to  please  and  gratify  the  earl.  The  patent  was  not 
merely  a  grant  of  new  peerages,  with  new  and  extended  limitations  to  include 
heirs-female;  it  was  also  a  regrant  of  the  old  peerages  of  1633  and  1643, 
of  which  the  earl  had  denuded  himself  by  his  resignation  of  1657. 

King  Charles  the  Second  added  to  the  gift  of  a  patent  of  peerages  to  the 
Earl  of  Annandale  and  Hartfell  the  grant  of  a  crown  charter  dealing  with 
the  estates  of  the  earl.  Meantime,  while  this  charter  was  in  course  of  pre- 
paration, his  lordship  received  several  public  appointments.  He  was  appointed 
one  of  a  comprehensive  mission  for  the  plantation  of  kirks  and  valuation  of 
teinds.  He  was  also  appointed  one  of  the  commissioners  for  raising  the 
annuity  of  £40,000  sterling  to  the  king.2  An  act  and  commission  being 
passed  by  parliament  in  favour  of  James,  Earl  of  Queensberry,  and  William, 
Lord  Drumlanrig,  his  son,  regarding  their  losses  in  1650  by  the  invasion  and 
destruction  of  their  property,  to  the  extent  of  £2000  sterling,  the  Earl  of 
Annandale  and  Hartfell  was  chosen  one  of  the  commissioners  to  take  trial 
of  the  persons  complained  of,  and  to  apportion  the  sum  amongst  them.3 

In  parliament  on  1st  May  1661,  Archibald,  Marquis  of  Argyll,  was  tried 
for  treason.  The  records  of  parliament  bear  that  the  Earl  of  Annandale 
and  several  other  peers  did  not  debate  nor  vote,  because  they  were  to  be 

1  Annandale  Peerage  Minutes  of  Evidence,  1S25,  p.  7. 

2  Acts  of  the  Parliaments  of  Scotland,  vol.  vii.  p.  91b. 

3  Ibid.  p.  96. 

VOL.  I,  2  G 


CCXXxiv      JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,   1653-1672. 

witnesses  in  the  case.  On  6th  May  of  the  same  year  witnesses  against 
Argyll  were  examined,  but  Annandale  is  not  mentioned  as  one  of  them.1 

On  23d  April  1662  the  king  granted  to  the  Earl  of  Annandale  and  Hart- 
fell  a  crown  charter  under  the  sign-manual  and  great  seal.  The  warrant  for 
the  charter,  which  is  still  preserved,  shows  that  it  had  been  intended  to  be 
completed  at  the  same  time  as  the  patent  for  the  peerages.2  The  limitation  of 
heirs  in  the  charter  is  in  favour  of  James,  Earl  of  Annandale  and  Hartfell, 
Viscount  of  Annan,  Lord  Johnstone  of  Lochwood,  Lochmaben,  Moffatdale, 
and  Evandale,  and  the  heirs-male  of  his  body,  which  failing,  to  the  heirs - 
female  of  his  body,  without  division,  and  heirs-male  of  the  body  of  the  said 
eldest  heir-female,  carrying  the  name  and  arms  of  Johnstone,  which  failing, 
to  the  earl's  nearest  lawful  heirs  whatsoever,  of  the  lands  and  barony  of 
Johnstone,  Corrie,  Knock,  Newbie,  barony  of  Moffatdale,  and  the  heritable 
office  of  keeper  of  the  king's  castle  of  Lochmaben,  with  the  fees  and  other 
dues  thereunto  belonging. 

The  king  also  by  that  new  charter  granted  to  the  earl,  and  the  heirs-male 
of  his  body,  whom  failing,  to  the  heirs-female  of  his  body,  without  division, 
and  the  heirs-male  of  the  body  of  his  eldest  heir-female,  which  failing,  to 
his  nearest  and  lawful  heirs  whatsoever,  the  lands,  lordships,  baronies,  and 
others  therein  specified,  which  the  king  also  thereby  erected,  created  and 
incorporated  into  a  free  barony,  lordship,  and  earldom,  regality  and  justiciary, 
to  be  called  the  earldom  of  Annandale  and  Hartfell,  and  lordship  of  John- 
stone, with  the  title,  style,  and  dignity  of  an  earl,  according  to  the  date  of 
the  patent  granted  to  the  earl  and  his  father.  The  king  also  thereby  erected 
the  town  and  territory  of  Moffat  into  the  burgh  of  barony  and  regality  of  Moffat. 

Throughout  this  Magna  Carta  of  the  new  earldom  of  Annandale  there 

1  Acts   of   tbe   Parliaments   of    Scotland,       the  warrant,  the  year  1662  had  been  origin- 
vol.  vii.  Appendix,  p.  65».  ally  engrossed   1661,   and  deleted,   and  the 

year  of  the  king's  reign  was  corrected  to  the 

2  Annandale  Peerage  Minutes  of  Evidence,       "  14th,"  by  the  deletion  of  the  word  "  thir- 
1844,  pp.  94-111.       In  the  testing  clause  of       teenth," 


MAGNA  CARTA  OF  THE  EARLDOM,  1662.  ccxxxv 

are  many  expressions  of  the  king's  gratitude  and  favour  to  the  earl,  of  whose 
loyalty,  fidelity,  services,  and  sufferings,  he  had  many  testimonies.  At  the 
end  of  the  warrant  there  is  a  docquet  hy  the  Lords  Commissioners  of 
Exchequer  in  Scotland  fixing  the  "  composition  ane  hundreth  merks,  in 
respect  of  his  father  and  his  awne  knawin  affections  to,  and  sufferings  for, 
the  kingis  service." 

The  docquet  of  the  secretary  of  Scotland,  which  is  also  appended  to  the 
warrant,  is  signed  by  the  Earl  of  Lauderdale,  who  was  a  very  learned  officer  of 
state,  and  thoroughly  experienced  in  the  affairs  of  Scotland.  Docquets  were 
intended  for  the  eye  of  the  sovereign  before  he  affixed  his  sign-manual. 
This  docquet  specially  mentions  "  the  Earldom  of  Annandale  and  Hartfell, 
with  the  dignity  of  ane  Earle  according  to  the  date  of  James,  Earle  of 
Annandale  and  Hartfell,  and  his  deceased  father,  their  patents."1 

It  is  not  every  peer  of  Scotland  who  holds  both  a  formal  patent  or 
diploma  of  his  creation  as  a  peer,  and  a  warrant  under  the  sign-manual  for 
a  charter,  and  also  the  charter  under  the  great  seal  of  Scotland,  erecting 
the  landed  estate  into  an  earldom  of  the  same  name  and  designation  as  that 
created  by  the  patent.  The  diploma  of  the  peerage,  and  the  crown  charter 
erecting  the  lands  of  the  grantee  into  an  earldom  of  the  same  name,  in- 
cluding the  peerage  itself  to  the  same  heirs,  is  as  valid  legal  evidence  of 
the  creation  as  could  be  devised  at  the  time. 

But  the  Earl  of  Annandale's  right  to  the  peerage  and  the  territorial  earldom 
was  still  further  fortified  by  a  special  act  of  the  parliament  of  Scotland  on 
19th  October  1669.  That  act  was  passed  eight  years  after  the  valid 
creation  of  the  dignity,  and  the  crown  charter  of  the  title  and  territory. 
During  these  years  the  Earl  of  Annandale  was  in  the  undisputed  right  and 
possession  of  that  peerage  both  under  the  diploma  and  the  crown  charter. 
It  was  in  the  second  parliament  of  King  Charles  the  Second,  held  by  John, 
Earl  of  Lauderdale,  as  commissioner,  that  an  act  was  passed,  titled  "  Katifica- 

1  Annandale  Peerage  Minutes  of  Evidence,  1844,  p.  111. 


ecxxxvi    JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,   1653-1672. 

tion  in  favors  of  James,  Earle  of  Annandale  and  Hartfell,  etc.,  of  the 
Earledome  of  Annandale  and  Hartfell,"  etc.1  The  act  makes  special  reference 
to  the  charter  of  erection,  dated  23d  April  1662,  with  the  novodamus  therein 
mentioned,  and  erection  therein  specified  in  a  free  barony,  lordship,  earldom, 
regality,  and  justiciary,  with  free  chapel  and  chancellary,  to  be  called  the 
earldom  of  Annandale  and  Hartfell  and  lordship  of  Johnstone,  "  with  the 
title,  style,  and  dignity  of  earle  thereof." 2 

After  the  restoration  of  King  Charles  the  Second  in  1660,  an  act  of 
parliament  was  passed  in  favour  of  the  Earl  of  Annandale  and  Hartfell,  on 
25th  June  1661.  The  act  proceeded  upon  a  report  by  the  commissioners 
appointed  by  his  Majesty's  commissioner  and  the  estates  of  parliament  for 
trying  the  losses,  fines,  and  sufferings  sustained  by  the  then  Earl  of  Hartfell 
and  his  father  for  their  loyalty  to  the  king  during  the  troubles.  The 
commissioners  reported  that  the  Earl  of  Aunandale  and  his  father  throughout 
that  period  gave  signal  proof  of  their  loyalty  to  the  king,  for  which  they 
suffered,  particularly  in  1644,  when,  having  joined  the  Marquis  of  Montrose, 
upon  the  retreat  which  followed,  the  Earl  of  Hartfell  was  taken  prisoner,  kept 
in  Edinburgh  Castle  for  a  year,  and  fined  £12,000,  the  annual  rent  of  which 
now  extended  to  £24,400  Scots.  Also  in  1645,  after  again  joining  with  the 
Marquis  of  Montrose,  he  was  once  more  taken  prisoner  at  Philiphaugh,  com- 
mitted to  several  prisons,  pursued  for  his  life,  and  after  an  expensive  and 
tedious  process  was  fined  £100,000  Scots,  and  forced  to  pay  the  sums  of 
money  which  they  specified.  As  the  earl's  fines  and  sufferings  had  been 
extraordinary,  the  commissioners  recommended  his  case  to  the  king. 
Besides  the  fines  mentioned  in  their  report,  the  commissioners  refer  to  the 
sufferings  the  earl  sustained  by  his  long  imprisonments,  the  great  expense 

1  Acts  of  the  Parliaments  of  Scotland,  the  ratification  in  favour  of  the  Earl  of  Annan- 
vol,  vii.  p.  641.  dale  and  Hartfell  should  be  without  prejudice 

to  the  viscount.     At  the  same  time,  the  Earl 

-  On  the  same  day  William  Murray,  uncle  of  Annandale  and  Hartfell  "  protested  in  the 
to  the  Viscount  of  Stormont,  protested  that       contrare. " 


ESTIMATE  OF  HIS  LOSSES  AND  SUFFERINGS.  ccxxxvn 

incurred  in  his  defence,  and  such  hardships  as  that  his  whole  rents  were 
seized,  two  troops  of  horse  were  quartered  on  his  lands,  the  loss  and  damage 
of  which,  the  commissioners  of  their  own  knowledge  say,  can  he  no  less  than 
£40,000,  and  his  house  of  Newbie  was  plundered,  and  silver  plate  and 
household  plenishings  to  the  value  of  £15,000  carried  away.  The  commis- 
sioners estimated  the  whole  losses  of  the  earl  at  £288,700  Scots,  which 
represents  in  English  money  £24,058  sterling.  The  report  of  the  commis- 
sioners was  subscribed  by  them  at  Edinburgh  on  15  th  June  1661.  Parlia- 
ment appointed  the  report  to  be  recorded  in  their  books,  and  regarding 
the  Earl  of  Annandale's  losses  and  sufferings  recommended  him  to  his 
Majesty.1 

King  Charles  the  Second  had  not  sufficient  funds  to  reimburse  the  Earl 
of  Annandale  and  Hartfell  in  money ;  he  had,  however,  other  modes  of 
recompensing  his  loyal  subject.  He  could  confer  honours  and  offices. 
Charles  had  already  acknowledged  the  loyalty  and  sufferings  of  the  earl  in 
this  way  by  creating  him  Earl  of  Annandale,  Viscount  of  Annan,  and  Lord 
Lochmaben.  These  new  dignities  were  held  by  the  earl  conjointly  with  the 
old  and  with  the  precedency  of  the  date  of  the  creation  of  the  Earl  of 
Hartfell.  In  addition  to  these  the  king  now  granted  to  the  Earl  of  Annan- 
dale and  Hartfell  the  magna  carta  of  his  earldom  of  Annandale  and  Hartfell, 
with  baronies,  lordships,  and  regalities,  as  previously  explained,  with  an 
extended  class  of  heirs-female  in  accordance  with  the  earl's  desire.  He  also 
bestowed  other  royal  favours  upon  him.  He  made  him  a  privy  councillor.2 
He  also  made  him  heritable  and  principal  steward  of  the  stewartry  of 
Annandale,  by  a  grant  under  the  privy  seal  at  Whitehall,  23d  April  1662, 
and  hereditary  keeper  of  the  castle  of  Lochmaben,  by  the  crown  charter  of 
1662,  as  previously  related. 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  vii.  pp.  277,  278. 

2  13th  July  1661,  Annandale  Peerage  Minutes  of  Evidence,  1878,  p.  721. 


CCXXXviii    JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 


CHAPTER   THIED. 

Engaged  in  suppressing  the  rising  in  Galloway,  which  ended  at  Pentland  in  1666 — Appointed 
captain  of  a  troop  of  horse,  1667 — Names  of  the  officers  of  his  troop — Money  raised 
for  payment  of  the  troop — Engaged  as  a  privy  councillor  in  the  proceedings  against 
the  covenanters — Included  in  commission  of  justiciary  for  the  trial  of  the  cove- 
nanters, December  1666,  hut  did  not  act  under  it — Disbanding  of  the  army,  1667 — 
Present  at  committee  of  privy  council  with  reference  to  conventicles,  1669 — Attends 
the  privy  council  meeting  on  the  same  matter,  1670— His  circumstances  in  regard  to 
money  matters — His  affectionate  relations  with  his  countess — His  indifferent  health — 
He  makes  his  last  will  and  testament — His  death,  1672 — His  directions  for  his  funeral 
— His  eleven  children,  four  sons  and  seven  daughters. 

A  few  years  after  the  Restoration  serious  troubles  in  connection  with 
ecclesiastical  affairs  broke  out  in  Galloway.  Many  presbyterians  in  that  and 
the  adjacent  districts  would  not  conform  to  episcopacy.  Fines  and  other 
exactions  were  imposed  on  the  non-conformists,  such  as  cess  or  quartering 
money  for  soldiers  sent  to  districts  to  collect  the  fines,  etc.  Sir  James 
Turner  was  the  military  officer  employed  by  the  government  to  levy  the 
fines,  etc.  He  was  stationed  at  Dumfries.  A  party  of  his  soldiers  had 
occasion  to  be  at  Dairy,  in  Galloway,  in  the  discharge  of  their  duties.  A  few 
persons  in  Dairy  having  seen  the  soldiers  driving  an  aged  man  harshly,  as 
they  thought,  got  into  collision  with  them.  The  country  people  organised 
a  scheme  for  the  purpose  of  capturing  Sir  James  Turner  and  making 
him  a  prisoner.  In  that  enterprise  they  were  successful.  The  people, 
encouraged  by  their  success,  increased  in  numbers,  and  formally  took  the 
field  against  the  government.  This  was  the  beginning  of  the  rising  in  arms 
in  the  year  1666,  otherwise  commonly  called  the  Pentland  insurrection. 
The  insurgents  marched  to  Mauchlin,  Ayr,  Lanark,  and  other  places.  They 
kept  Sir  James  Turner  a  prisoner,  and  carried  him  with  them  from  place  to 
place.  But  their  first  success  did  not  continue  on  their  march  towards 
Edinburgh.  By  the  time  they  reached  the  Pentland  Hills  their  army  was 
quite  unequal  to  cope  with  the  army  raised  by  the  government,  headed  by 


CAPTAIN  OF  A  TROOP  OF  HORSE,   16G7.  CCXXxix 

the  veteran,  General  Thomas  Dalzell  of  Binns.1  The  general  succeeded  in 
vanquishing  the  insurgents  on  28th  November  1666,  at  a  part  of  the  Pent- 
land  Hills  known  as  Bullion  Green. 

In  that  battle  the  covenanters  were  led  by  Colonel  James  Wallace. 
The  ground  was  chosen  by  him,  and  the  disposition  which  he  made  of  his 
men  was  the  very  best,  when  he  had  to  oppose  an  enemy  three  times  the 
number  of  his  own  troops.  The  battle  at  Pentland  was  a  well-fought  field, 
not  a  disgraceful  rout  like  that  which  afterwards  happened,  under  a  very 
different  leader,  at  Bothwell  Bridge.2 

The  Earl  of  Annandale  and  Hartfell  was  appointed  to  a  command  in  the 
army  of  the  government  in  the  rising  of  1666.  On  the  day  of  the  battle  of 
Bullion  Green,  Annandale  writes  to  his  countess  from  Drumlanrig,  that  he 
expects  orders  to  march  to  Clydesdale  against  the  covenanters,  and  on  the 
30th  of  the  same  month  he  writes  again  to  her  that  he  is  marching  to 
Crawford.3  On  1st  January  1667  King  Charles  the  Second  granted  a 
commission  to  Annandale  to  be  captain  of  a  troop  of  horse  to  be  raised 
by  him  for  service  in  the  regiment  of  which  Lieutenant-General  Drummond 
was  colonel.  This  commission  was  a  coveted  one  at  a  time  when,  according 
to  Wodrow  and  other  contemporary  writers,  a  captain's  commission  was  as 
profitable  as  a  good  estate.4  By  the  terms  of  his  appointment  Annandale 
was  to  raise  the  troop  with  all  speed,  to  exercise  it  in  arms,  to  keep  officers 

1  General  Dalzell  was  a  noted  royalist,  and  or  cut  since  the  execution  of  King  Charles 

many  stories  are  related  of  him  in  connection  the  First.      The  large  toothed  bone   comb, 

with   the    antagonistic    attitude    which    he  with  which  the  general  dressed  his  hirsute 

assumed  towards  the  covenanters.     Many  of  appendage,  is  still  preserved  at  Binns  House, 

these  stories  are  apocryphal.     At  his  mansion-  2  Notices   of    Colcmel   James   Wallace   in 

house  of  Binns  there  is  a  budding  attached  Memoirs    of    william   Veitch    and    George 

to  it  known  as  the   Oven.      The  general  is  Brysson)  by  the  Rev.  Dr    Thomas  M<Crie  . 

said  to  have  roasted  the  covenanters  there.  wmigm  Blackwood,  Edinburgh,  1825,  p.  361. 
But  the  oven  was  really  required  for  baking 

bread  for  the  regiment  of  Scots  Greys  raised  3  VoL  "■  of  this  work'  P-  309- 

by  him.     One  of  his  portraits  at  the  Binns  4  Wodrow,  History,  folio  edition,   vol.   i. 

shows  him  in  his  very  long  beard,  never  shaved  p.  275;  Lamont's  Diary,  1667,  etc, 


ccxl  JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,   1653-1672. 

and  soldiers  in  good  order  and  discipline,  and  to  observe  such  orders  as 

should  be  given  him  from  time  to  time  by  his  superior  officers.1     The  earl 

promptly  raised  the  troop  of  horse,  as  the  payments  made  to  the  troop, 

commencing   on  1st   January,  show.      The   troop   consisted   of  himself   as 

captain,  Eobert,  Master  of  Maxwell,  afterwards  fourth  Earl  of  Mthsdale, 

as  lieutenant ;  John,  fourth  Lord  Lindores,  cornet ;   Sir  James  Johnstone  of 

Westerhall,  quartermaster ;  William  Couper,  described  as  servant  to  the  Earl 

of  Annandale,  and  also  as  clerk  to  his  troop ;  four  corporals,  two  trumpeters, 

and  seventy-five  private  soldiers,  representing  in  all  eighty-six  officers  and 

men.      A  book  of  disbursements   to  the   troop,  kept  by  William  Couper, 

contains  entries  for  payments  to  seventy-four  officers  and  soldiers,  most  of 

which  are  authenticated  by  the  signature  of  the  person  to  whom  the  payment 

is  made.2 

The  Earl  of  Annandale  appears  to  have  met  with  difficulty  in  procuring 

money  to  pay  his  troop  of  horse.     On  13th  June  1667,  he  writes  to  Hew 

Sinclair,  his  chamberlain — 

"  Being  called  to  marche  withe  my  troupe  so  neire  to  the  Louthianis  as  I  may 
be  within  a  dayes  marclie  to  Eddinburgh,  I  am  resolved  to  be  at  Gallashiells 
to-morrow,  and  quartter  there  till  further  order.  ...  I  have  also  desyred  some 
supply  for  the  troup,  being  altogither  destitutte  of  monnay.  .  .  .  The  Lord  knowis 
what  will  become  of  ws,  for  if  this  warre  continow  it  is  impossible  we  can  sub- 
sist and  keipe  creditt.3 

A  month  later  the  earl  again  writes  to  his  chamberlain  from  Newbie, 
13th  July  1667— 

"  I  told  you  in  my  lastt  I  had  sentt  some  of  my  troupp  to  Galloway.  This 
people  were  togither  ar  now  in  6  and  sevines,  robing  and  pillaging  in  the  counttrey. 
Thay  spoylle  poore  peoples  houses,  and  frightts  all  the  ministers,  and  that  is  all 
thay  doe.     I  have  sentt  this  beirrer  expresse  withe  ane  accountte  to  the  commis- 

1  Vol.  i.  of  this  work,  p.  94. 

2  Original  account-book  in  Annandale  Charter-chest. 

3  Original  letter  in  Annandale  Charter-chest. 


COURT  OF  HIGH  COMMISSION,  1664.  ccxli 

sioner  of  the  certtantie  of  the  bussines.      I  have  also  wrytte  to   him  and   Sir 
William  Bruce  concerning  a  preceptt  for  my  troupps  pay."  x 

After  the  rising  of  1666  was  suppressed  at  Bullion  Green,  the  privy 
council  had  a  great  deal  of  work  in  connection  with  the  continued  opposition 
by  the  presbyterians  to  the  episcopal  form  of  government.  The  Earl  of 
Annandale  and  Hartfell,  as  a  privy  councillor,  had  to  take  an  active-  part  in 
the  successive  attempts  of  the  presbyterians  against  conforming  to  the 
established  form  of  church-government.  He  was  also  named  in  several  royal 
commissions  in  connection  with  the  ecclesiastical  troubles,  and  for  executing 
the  laws  in  church  affairs.  He  was  a  member  of  the  large  commission 
granted  by  King  Charles  the  Second  on  16th  January  1664.  At  the  head  of 
that  commission  was  James  (Sharpe),  archbishop  of  St.  Andrews,  who  had 
precedence  of  the  lord  chancellor  and  the  lord  treasurer.  The  fourth  com- 
missioner named  was  the  archbishop  of  Glasgow  (Burnett),  and  after  him, 
the  Duke  of  Hamilton,  the  Marquis  of  Montrose,  the  Earl  of  Argyll,  and 
other  earls,  including  the  Earl  of  Annandale. 2 

This  high  commission  had  precedents  in  the  similar  courts  established  by 
King  James  the  Sixth  and  King  Charles  the  First.  All  those  commissions 
had  for  their  avowed  purpose  the  enforcing  of  the  episcopal  religion  on  Scot- 
land. The  latest  of  these  ecclesiastical  courts,  however,  was  even  less 
popular  than  those  which  preceded  it,  and  in  two  years  it  had  to  be  aban- 
doned. The  proceedings  of  the  high  commission  court  during  the  two  years 
of  its  existence,  from  1664  to  1666,  have  been  recorded  by  Wodrow  at 
considerable  length.3  For  the  purpose  of  his  History  he  had  made  a  careful 
examination  of  the  Records  of  the  Privy  Council.  He  explains  that  the 
fines  and  other  exactions  laid  upon  the  presbyterians  led  to  the  rising  in  the 
year  1666,  already  described.     The  council  took  alarm  at   the  rising,  and, 

1  Original  letter  in  Annandale  Charter-chest. 

2  History  of  the  Sufferings  of  the  Church  of  Scotland,  by  Wodrow,  1721,  vol.  i.  p.  192. 

3  Wodrow's  History,  vol.  i.  pp.  197-240. 

VOL.  I.  2  H 


CCxlii       JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 

among  other  steps  adopted  to  suppress  it,  they  wrote  on  16th  November 
1666,  letters  to  Annandale  and  other  noblemen  who  were  concerned  in  the 
places  of  the  rising,  to  order  the  king's  forces  to  march  towards  these  places, 
and  asking  them  to  concur  with  the  forces  when  they  arrived.1  As  showing 
the  anxiety  connected  with  the  rising,  three  days  afterwards,  on  19th 
November,  the  council  wrote  again  to  Annandale  and  other  noblemen, 
empowering  them  to  convocate  their  followers,  and  with  them  to  preserve 
the  peace  of  the  country  and  to  attack  the  rebels.2 

After  the  battle  of  Bullion  Green  on  28  th  November,  the  council  on  the 
following  day  sent  expresses  to  the  Earls  of  Annandale,  Nithsdale  and  others 
in  that  country,  to  keep  the  forces  together  which  they  had  raised,  in  order 
to  apprehend  the  rebels  on  their  return.3 

Eight  days  after  the  battle,  on  the  5th  December  1666,  King  Charles 
granted  a  commission  of  justiciary  under  his  signet  at  Edinburgh  for  the 
special  purpose  of  trying  and  executing  justice  on  those  who  were  engaged  in 
that  rebellion.  The  Duke  of  Hamilton,  the  Marquis  of  Montrose,  the  Earl 
of  Argyll,  and  several  other  earls,  including  the  Earl  of  Annandale,  con- 
stituted the  commission,  three  of  them  to  form  a  quorum.  The  first  court 
of  the  commissioners  was  held  at  Glasgow  on  17th  December  by  four  of  the 
commissioners,  the  Earls  of  Linlithgow  and  Wigtoun,  Lord  Montgomery 
and  Mungo  Murray.  Four  of  the  rebels  were  indicted  and  tried.  The  court 
found  them  guilty  of  treason  and  sentenced  them  to  be  hanged  at  Glasgow  on 
Wednesday,  19th  December.     The  sentence  was  carried  into  effect.4 

After  the  proceedings  against  the  unfortunate  insurgents  at  Pentland,  and 
many  of  them  had  been  executed  under  the  commission  of  justiciary  of  5th 
December  1666,  milder  measures  occurred  to  the  more  humane  members  of 
the  privy  council,  including  the  learned  and  accomplished  Sir  Eobert 
Murray,  who  was  lord  justice  clerk.     He  was  commissioned  by  King  Charles 

1  Wodrow,  vol.  i.  p.  242.  2  Ibid.  3  Ibid.  p.  254. 

4  Wodrow,  vol.  i.  p.  259,  and  Appendix,  p.  100. 


ACTS  AGAINST  CONVENTICLES.  ccxliii 

specially  to  inquire  into  the  state  of  the  country.  Sir  Eobert  and  the  party 
of  the  council  acting  with  him,  on  the  grounds  referred  to,  and  because  the 
Dutch  war  was  brought  to  a  close,  succeeded  in  obtaining  a  letter  from  the 
king,  dated  13th  August  1667,  disbanding  the  army  with  the  exception  of 
two  troops  of  horse.  The  troop  raised  by  the  Earl  of  Annandale  in  1667 
was  included  in  the  general  disbanding  order.  The  substitutes  proposed  were 
a  declaration  against  entering  into  covenants,  or  a  simple  bond  to  keep  the 
peace.  At  the  council  on  13th  September,  there  was  a  full  attendance  of 
members.  Among  those  present  was  the  Earl  of  Annandale.  Warm  dis- 
cussion ensued,  and  the  members  were  so  nearly  balanced  that  the  rolls  had 
to  be  called  over  thrice  before  the  plurality  was  formally  ascertained  in 
favour  of  the  bond  of  peace  as  the  opinion  of  the  majority.  Annandale  pro- 
bably voted  with  the  moderate  members  in  favour  of  the  bond  of  peace.1 

Two  years  after  the  standing  army  was  disbanded  a  committee  of  the 
privy  council  met  on  18th  February  1669  to  consider  the  acts  of  parliament 
and  council  against  conventicles,  withdrawers  from  their  parish  kirks, 
clandestine  marriages  and  baptisms,  and  to  consider  what  may  be  done  for 
restraining  them.  On  the  4th  of  the  following  month  of  March  an  act  of 
council  was  issued  for  the  purpose  of  preventing  these  irregularities  under 
stringent  pains  and  penalties.  The  Earl  of  Annandale  was  present  in  council 
on  both  these  occasions.2  Another  proclamation  was  issued  against  conven- 
ticles. But  the  indulgence  granted  by  the  king  on  7th  June  1669  gave  some 
relief  to  the  presbyterians.3 

In  the  following  year,  however,  a  new  form  of  trouble  arose  in  reference 
to  the  attacks  made  on  the  episcopal  incumbents.     A  commission  was  issued 

1  Wodrow's  History,  vol.  i.  pp.  275,  276.  commanders  at  Dumfries.     Turner  was  dis- 
In   the  year   1668  the   privy  council   were  missed  the  service,  and  Bellenden  or  Ban- 
ordered  by  the  king  to  inquire  into  the  con-  natyne  had  to  leave  the  kingdom, 
duct  of  Sir  James  Turner  and  Sir  William 

Bannatyne  for  alleged  cruelties  and  illegal  Wodrows  History,  vol.  i.  p.  296. 

exactions  in  the  execution  of  their  office  as  3  Ibid.  vol.  i.  pp.  304-306. 


CCxliv      JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 

by  the  privy  council  at  Edinburgh  on  7th  April  1 670  regarding  the  "  Disorders 
in  the  West."  The  commission  was  signed  by  Eothes  as  chancellor,  the 
archbishop  of  St.  Andrews,  the  Earl  of  Annandale,  and  many  others.  The 
commission  was  accompanied  by  special  instructions  to  the  commissioners.1 

On  the  same  subject  of  conventicles  there  was  a  full  meeting  of  council 
held  at  Edinburgh  on  11th  August  1670,  at  which  a  series  of  seven  interro- 
gatories were  approved  of  to  be  put  to  persons  suspected  of  attending  con- 
venticles, etc.,  with  the  view  of  suppressing  them  by  fines,  imprisonment, 
and  banishment  when  necessary.2  In  the  sederunt  of  that  meeting  of  council 
the  Earl  of  Annandale's  name  is  entered.  It  was  among  the  latest  of  his 
attendances  in  council,  as  he  died  in  April  1672. 

When  the  earl  succeeded  to  the  extensive  Annandale  estates,  he  at  the 
same  time  inherited  heavy  pecuniary  incumbrances,  which  often  placed  him 
as  the  distinguished  head  of  one  of  the  oldest  families  of  Annandale  in 
difficult  circumstances.  The  Annandale  estates  being  situated  in  Border 
counties  were  peculiarly  subject  to  quarterings  of  armies  which  were  almost 
ruinous  to  the  owners.  The  difficulties  experienced  by  the  earl  in  collecting 
his  rents  and  other  dues  were  often  very  embarrassing  to  him.  He  also 
suffered  from  the  large  debt  to  which  he  succeeded  with  his  estates,  and 
from  the  cautionary  obligations  which  he  undertook  on  behalf  of  the  Earl 
of  Home  and  other  Border  friends.  The  earl,  however,  did  not  succumb  to 
his  difficulties,  but  faced  them  with  commendable  courage.  This  was,  no 
doubt,  often  trying  to  him,  especially  when  he  suffered  for  the  last  ten  years 
of  his  life  under  indifferent  health. 

In  the  earl's  indisposition,  he  found  a  great  comfort  in  his  excellent 
countess.  In  a  letter  from  his  lordship  to  the  countess,  dated  Edinburgh, 
28th  July  1665,  he  writes  her  in  a  tender  and  affectionate  strain.  Though 
portions  of  the  letter  have  been  mutilated  by  accidental  injury,  the  part 
which  remains  will  show  his  great  love  for  his  countess  : — 

1  Wodrow's  History,  vol.  i.  pp.  325,  326.  2  Ibid.  vol.  i.  p.  320. 


LETTERS  TO  COUNTESS  HENRIETTA.  ccxlv 

"  Deirestt  Comfortte, —  .  .  .  God-willing  I  intend  to  observe  anent  my  home- 
coming as  mentioned  in  former  letters.  .  .  .  This  I  only  write  to  let  you  know 
how  inuche  my  deirestt  love  is  by  me  .  .  .  and  what  satisfactione  I  have  in 
the  thoughtts  of  seeing  the  shortley.  This  I  houpe  will  make  you  dispense  better 
with  it  since  you  may  believe  that  the  wholl  erthe  cannot  in  the  leistt  divertt 
from  the  who  artt  the  onlie  desirble  objectt  of  my  heartte  in  a  wordle.  .  .  . 
So  praying  the  Lord  to  preserve  the  and  the  childrine,  I  am,  my  deirestt  soulle, 
thy  oune  intyrlie  till  dethe.  Annandale." 


One  of  the  latest  letters  written  by  the  earl  to  his  countess  is  dated 
Edinburgh,  17th  January  1671,  and  is  in  the  following  terms  : — 

"  My  deirestte  hairtte, — I  have  not  beene  abroade  yette  since  Satturdays  nightt 
I  came  to  toune  saive  to  waite  on  your  brother.  .  .  .  The  inclosed  came  heire  on 
Thursday,  bot  since  I  have  heirde  that  your  dochtir  mends  verrei  weile,  I  am 
to  send  one  over  the  morrow,  and  shall  give  yow  a  speiddei  accountte  of  hir 
conditione,  bot  I  assure  yow,  yow  neide  not  be  troubled,  for  the  chancelour 
assures  me  she  tooke  a  littill  fifcte  for  tuo  or  threi  dayes,  bot  imediatlei  it 
wentt  over,  and  she  recovers  verrei  weille.  My  deire,  I  pray  God  blesse  yow 
and  the  childrine,  and  send  ws  a  happy  meitting,  which  shall  be  the  constantt 
desyre  of  your  oune  till  deathe.  Annandale. 

"  For  the  Countesse  of  Annandale,  haistte." 

The  health  of  the  earl  did  not  improve  after  the  date  of  the  letter  now 
quoted  to  the  countess.  He  appears  to  have  come  to  Edinburgh  for  medical 
advice,  and  took  up  his  residence  in  the  Canongate.  His  lordship  employed 
his  Edinburgh  law-agent,  Mr.  John  Muir,  writer  to  the  signet,  to  prepare  his 
last  will  and  testament.  The  draft  of  the  will  is  preserved  in  the  Annan- 
dale Charter-chest,  and  appears  to  have  been  prepared  for  his  signature  on 
day  of  April  1672.  The  draft  does  not  bear  any  signature  by  the 
earl,  nor  has  any  other  will  or  testament  by  his  lordship  been  discovered. 
There  is,  however,  a  bond  of  provision  by  him  to  George  Johnstone,  his  third 
lawful  son,  for   10,000  merks  Scots  money.     It  bears  to  be  subscribed  by 


ccxlvi      JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,  1653-1672. 

the  earl  at  the  Canongate   on  the  13th  April   1672.1     The  draft  unsigned 

will  by  the  earl  is  in  the  following  terms : — 

"  Being  for  the  present  seik  in  bodie,  bot  perfyt  in  memorie  and  spirit  (blissed 
be  God).  .  .  In  the  first,  I  recomend  my  sowlle  to  God  to  be  receaved  be  him 
in  his  eternall  mercie  through  the  merites  and  mediatioun  of  my  Lord  and  Saviour 
Jesus  Chryst ;  and  ordainis  our  bodie  to  be  interred  in  the  kirk  of  Johnstoun." 
[He  appoints  William,  Lord  Jobnstoun,  his  eldest  lawful  son,  to  be  his  only 
executor,  universal  legator,  and  sole  intromitter  with  his  whole  goods,  etc.]  "  Item, 
I  make,  nominat  and  constitute  Lady  Henrieta  Dowglas,  my  spouse,  and  the 
Right  Honorable  William,  Duke  of  Hamiltoun,  William,  Erie  of  Quenisberrie, 
and  William,  Erie  of  Dundonald,  my  beloved  freinds,  and  in  caice  of  our  said 
spous,  her  deceis,  or  mariag,  the  said  William,  in  her  vice  and  place,  to  be  tutors 
testamentars  to  the  said  William,  Lord  Johnstoun,  my  sone,  and  to  John,  Georg, 
Henrieta,  and  Anna  Johnstounes,  my  other  childrene  who  ar  within  the  yeires 
of  tutorie."  [Three  of  them  to  be  a  quorum.  He  appoints  Robert,  Lord  Maxwell, 
John,  Lord  Lindsay,  Master  of  Carmichaell  of  Hyndfoord,  Sir  Richard  Graham 
of  Netherbie,  Sir  Robert  Sinclare  of  Longformakhous,  advocate,  and  John  John- 
stoun of  Poiltoun,  bailie  of  Edinburgh,  "  to  be  overseirs  to  my  said  eldest  sone 
and  remanent  childrene."  Rescinds  all  former  testaments  and  concludes  :]  "  Thir 
presentis  ar  written  be  John  Mure,  wryter  to  his  Majesteis  signet,  and  subscryved 
with  my  hand  at  the  Cannogaite,  the  day  of  Aprylle,  the  yeire  of  God  jmvjc 
thrie  scoir  tuelf  yeiris,  befoir  thir  witnessis."  2 

The  earl's  indisposition  continued,  and  he  consulted  eminent  medical  men 
in  Edinburgh,  in  reference  to  his  attacks  of  ague  and  hectic  fever.  One  of 
these  doctors  prepared  a  full  statement  of  his  case  on  17th  June  1672, 
in  the  hope  of  promoting  his  lordship's  recovery  and  preservation,  which 
the  practitioner  adds  is  of  so  great  concernment  not  only  to  his  own  noble 
family,  but  even  to  the  whole  nation. 

Exactly  one  month  after  the  anxious  consideration  by  the  medical 
adviser,  the  earl  died  on  17th  July  1672.     His  lordship  previous  to  his  death 

1  Annandale  Peerage  Minutes  of  Evidence,  Johnstone,  his  spouse,  the  earl's  eldest 
1825,  p.  56.  The  earl  granted  also  on  13th  daughter.  [Note  in  Annandale  Charter- 
April  1672,  a  bond  of  provision  in  favour  of  chest.] 

his  granddaughter,  Lady  Henrietta  Lindsay,  2  Original   draft    in    Annandale   Charter- 
daughter  to  Lord  Lindsay,  and  Lady  Mary  chest. 


DEATH  OF  THE  EARL  AND  COUNTESS.  ccxlvii 

had    removed    to    Leith,  to   a   house    occupied    by   Lady   Mary    Gordon, 

Marchioness  of  Douglas,  who  was  the  mother  of  his  countess. 

Although  the  earl  was  in  feeble  health,  he  wrote  and  subscribed  a  careful 

memorandum  of  directions  for  the  manner  of  his  funeral,  only  two  days  before 

his  death,  in  the  following  terms  : — 

"  For  the  manner  of  my  buriall,  I  ordain  that,  how  soon  efter  it  shall  please 
God  to  call  vpon  me  things  can  be  provided,  my  corps  shall  be  caried  in  an  open 
mourning  coach,  without  any  other  ceremony,  and  be  accompanied  by  my  par- 
ticular friends  to  the  buriall  place  of  my  ancestours  at  Johnstoune,  where  I  appoint 
it  to  be  interred  in  the  night,  with  torches  and  without  ceremony.  And  on  the  way 
from  the  place  of  my  death  to  that  of  my  buriall  I  desire  the  gentlemen  hereabout 
may  be  entreated  to  doe  me  this  last  duty  of  waiting  on  my  corps  to  Lintoun,  and 
the  gentlemen  of  the  other  shires  through  which  my  body  is  to  be  carried  shall  be 
likewise  desired  to  wait  vpon  it  through  their  severall  shires  of  Pebles,  Dumfreis, 
and  Anandale.  And  this  declaration  of  my  pleasure  about  my  buriall,  taken  from 
my  mouth  and  written  according  to  my  direction,  I  have  signed  with  my  hand, 
at  Leith,  the  fifteenth  of  July  in  this  present  year  1672.  Annandale."  1 

The  Countess  of  Annandale  survived  her  husband  only  for  eleven  months, 
having  died  on  the  morning  of  Sunday,  1st  June  1673.2  The  body  of  the 
countess  was  put  in  a  lead  coffin,  at  Edinburgh,  and  transported  to  the  kirk 
of  Johnstone,  to  be  placed  by  the  side  of  her  husband,  whose  body  had  been 
placed  there,  in  lead  and  wainscoat  coffins,  in  the  previous  year.  There  is 
preserved  a  copy  of  the  inscription  on  their  respective  tombs,  as  follows  : — 

"  Here  lyes  the  right  honorable  James,  Earle  of  Annandale  and  Hartfell,  etc., 
who  died  the  17th  of  July  1672,  and  of  his  age  47."  Surmounted  by  an  earl's 
coronet  and  blank  shield  for  arms,  and  the  initials  "  J.  E.  A." 

"  Here  lyes  Dame  Henrietta,  Countess  of  Annandale  and  Hartfell,  daughter  to 
William,  Marquess  of  Douglas,  who  died  the  first  of  June  1673,  setatis  40."  3 

Of  the  marriage  of  the  earl  and  countess  there  were  born  eleven  children, 

four  sons  and  seven  daughters.     The  eldest  surviving  son  was  William,  who 

1  Original  writ  in  Annandale  Charter-chest. 

2  Accounts  of  John  Muir,  W.S.,  and  others,  ibid. 

3  Copy  inscriptions  and  accounts  for  coffins  and  other  funeral  expenses,  ibid. 


Ccxlviii     JAMES,  EARL  OF  ANNANDALE  AND  HARTFELL,   1653-1672. 

succeeded  his  father  as  Earl  of  Annandale  and  Hartfell,  and  was  afterwards 
created  Marquis  of  Annandale.     Of  him  a  memoir  follows. 

The  following  is  a  list  of  the  eleven  children,  and  the  dates  of  their 
births  : — 

"  Mary  Johnston  was  born  the  last  of  January,  being  Saturday,  1652. 
"  Margaret  Johnston  was  born  on  Monday,  being  the  14  of  Agust  (54). 
"  Hendreta  Johnston  was  born  on  Sunday,  being  the  18  of  January  (57). 
"  Jannett  Johnston  was  born  on  a  Sunday,  beeing  the  18  of  Junii  (58). 
"  Isobell  Johnston  was  born  on  a  Teusday,  being  the  28  off  Aprill  (59). 
"  James  Johnston  was  born  on  a  Munday,  being  the  17  of  December  (60). 
"  William  Johnston  was  born  upon  a  Thursday,  being  the  17  of  Februarie  (64). 
"  John  Johnston  was  born  upon  Sunday,  being  the  3  of  September  (65). 
"  George  Johnston  was  born  on  a  Mondy,  being  the  21  of  June  (67). 
"  Hendreta  Johnston  was  born  upon  a  Frydy,  being  the  21  of  January  (69). 
"  Anna  Johnston  was  born  on  a  Sundy,  being  the  30  of  July  (71)."  x 

In  the  Genealogy  of  the  Johnstone  family,  printed  in  this  work,  are 
included  the  names  of  these  eleven  children,  with  additional  particulars  of 
their  births,  marriages,  and  deaths. 

1  Annandale  Peerage  Minutes  of  Evidence,  1878,  p.  735. 


ccxlix 


XVIII. — William,  first  Marquis  of  Annandale. 

Sophia  Fairholm,  Heiress  of  Craigiehall,  his  first  Marchioness. 

Charlotte  Vanden  Bempde,  his  second  Marchioness. 

1672-1721. 

CHAPTER   FIRST. 

Outline  of  his  life — His  birth,  1664 — Succession  to  his  father,  1672 — Educated  at  Glasgow 
Grammar  School  and  University,  1678-1681 — Chooses  his  curators,  1679 — Is  served 
heir  to  his  father,  1680 — Marriage  with  Sophia  Fairholm,  1682 — Burning  of  Newbie 
House — On  commission  to  search  for  Covenanters,  1684 — Intercedes  for  Monmouth, 
1685 — Attends  the  Parliament  of  King  James,  1685-6 — Appointed  captain  of  a  troop 
of  horse,  1688. 

This  great  chief  of  the  Johnstones,  the  greatest  of  all  the  long  line 
of  his  family,  lived  in  the  reigns  of  six  sovereigns.  Born  a  few  years 
after  the  restoration  of  King  Charles  the  Second,  and  surviving  till  the 
accession  of  King  George  the  First,  he  was  thus  a  subject  successively 
of  King  Charles  the  Second,  King  James  the  Seventh,  King  William 
and  Queen  Mary,  Queen  Anne,  and  King  George  the  First.  Annandale 
was  too  young  to  serve  in  any  official  capacity  under  King  Charles 
the  Second,  but  under  all  the  other  sovereigns  named  he  was  more  or 
less  actively  engaged  in  prominent  official  positions.  Under  King  James 
the  Seventh,  he  first  came  into  official  life  in  the  not  very  enviable  position, 
in  company  with  Sir  Eobert  Grierson  of  Lag,  of  putting  down  the  risings  of 
the  covenanters  in  the  western  counties  of  Scotland,  a  work  apparently 
very  uncongenial  to  the  young  nobleman.  King  James  also  made  him 
a  privy  councillor.  When  William  of  Orange  made  his  descent  upon 
England,  the  youthful  Earl  of  Annandale  warmly  espoused  the  cause  of 
the  Eevolution.  But  immediately  after,  on  account  of  his  youth  and 
inexperience,   he  was   easily   misled   and    induced   by   his   brother-in-law, 

VOL.  I,  2  I 


ccl  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,   1672-1721. 

Sir  James  Montgomerie  of  Skelmorlie,  to  join  in  the  plot  which  had  for 
its  object  the  restoration  of  King  James  the  Seventh.  Annandale  speedily 
repenting  of  this  political  indiscretion  candidly  confessed  his  fault,  and  was 
the  means  of  ending  that  intrigue.  His  frank  confession  led  to  his  ready 
pardon  by  Queen  Mary  as  acting  for  King  "William.  His  revelations  showed 
the  extent  to  which  King  James  the  Seventh  was  ready  to  make  concessions 
to  recover  his  lost  kingdoms.  Annandale  himself  was  to  be  Commissioner 
to  parliament  and  a  marquis,  and  commissions  and  patents  of  peerages  were 
lavishly  bestowed  upon  Montgomerie  and  Eoss,  the  other  two  members 
of  the  club  engaged  in  the  plot,  as  well  as  upon  their  partizans. 

Escaping  from  this  youthful  error,  Annandale  was  afterwards  received 
into  royal  favour  both  by  King  William  and  Queen  Mary,  and  the  royal 
commissions  by  these  and  subsequent  sovereigns  granting  important  offices 
of  state  to  Annandale,  which  are  still  preserved  in  the  Annandale  Charter- 
chest,  are  probably  more  numerous  than  were  received  by  any  subject  at 
that  time.  The  mere  enumeration  of  these  royal  commissions  will  show 
the  extent  to  which  Annandale  was  employed  and  trusted  by  his  sovereigns. 
By  King  William  he  was  sworn  a  privy  councillor  and  appointed  an 
extraordinary  lord  of  session  in  1693,  while  still  comparatively  young,  being 
in  his  twenty-ninth  year.  Two  years  later  he  was  constituted  one  of  the 
lords  of  the  treasury,  and  president  of  the  parliament  of  Scotland  which 
met  at  Edinburgh  in  1695.  In  1701  King  William  appointed  him  lord 
high  commissioner  to  the  General  Assembly  of  the  Church  of  Scotland. 
Queen  Anne  appointed  him,  in  1702,  lord  privy  seal  of  Scotland,  and  in  the 
same  year  president  of  the  privy  council  of  Scotland;  and  in  1705,  and  again 
in  1711,  she  appointed  him  lord  high  commissioner  to  the  General  Assembly 
of  the  Church  of  Scotland.  In  1705  the  queen  also  made  him  one  of  her 
principal  secretaries  of  state  for  Scotland.  In  1714  King  George  the  First 
appointed  him  keeper  of  the  privy  seal  and  a  privy  councillor,  and  next 
year,  when  the   rebellion  broke   out,  he   made  him  lord-lieutenant  of  the 


OUTLINE  OF  HIS  OFFICIAL  LIFE.  coli 

counties  of  Dumfries,  Kirkcudbright,  and  Peebles.  In  that  office  he  displayed 
great  zeal  and  energy  in  support  of  the  government,  and  contributed  largely 
to  the  suppression  of  the  rebellion  in  these  counties. 

Such,  in  general  outline,  is  the  official  life  of  this  distinguished  statesman. 
The  personal  distinctions  which  he  received  from  his  sovereigns  were  as 
marked  as  his  official  appointments.  He  inherited  all  the  peerages  which 
had  been  conferred  on  his  father  and  grandfather  by  King  Charles  the  First 
and  King  Charles  the  Second.  By  King  William  the  Third,  in  1701,  when 
he  represented  his  Majesty  in  the  General  Assembly,  he  was  advanced  to  the 
dignity  of  Marquis  of  Annandale,  Earl  of  Hartfell,  Viscount  of  Annand,  Lord 
Johnstone  of  Lochwood,  Lochmaben,  Moffatdale,  and  Evandale.  And  after 
his  appointment  as  president  of  the  privy  council  in  1702  he  was,  in  1704, 
invested  by  Queen  Anne  with  the  ancient  order  of  the  Thistle,  re-established 
only  in  December  of  the  previous  year  by  her  Majesty. 

Although  Annandale  enjoyed  so  many  principal  offices  of  state,  and 
personal  dignities,  there  was  still  another  office  and  a  still  higher  dignity  to 
which  he  aspired.  The  office  was  that  of  lord  chancellor  of  Scotland,  and  the 
dignity  that  of  Duke  of  Annand.  But  he  did  not  survive  to  receive  either  of 
these  appointments. 

The  extensive  correspondence  of  the  Marquis  of  Annandale  in  connection 
with  the  various  offices  held  by  bim  from  time  to  time  has  been  preserved, 
not  entirely,  but  partially  at  least,  and  a  large  selection  of  it  is  printed  in 
the  second  volume  of  the  present  work,  which  will  with  the  subsequent 
memoir  furnish  some  idea  of  his  active  official  life. 


William,  Lord  Johnstone,  afterwards  successively  Earl  and  Marquis  of 
Annandale,  was  born  on  Thursday,  17th  February  1664.  He  probably 
received  his  Christian  name  of  William  from  his  maternal  uncle,  William, 
Duke  of  Hamilton.     While  only  in  the  eighth  year  of  his  age,  he  became 


cclii  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

Earl  of  Annandale  and  Hartfell  by  the  death  of  his  father.  Three  days  after 
that  event,  on  20th  July  1672,  a  meeting  was  held  at  Leith  of  the  friends  of 
the  Annandale  family  to  consider  the  affairs  of  the  Annandale  estate.  The 
Duke  of  Hamilton,  the  Earl  of  Dundonald,  and  the  now  Dowager-Countess  of 
Annandale,  who  were  present  at  the  meeting,  gave  orders  to  the  chamberlain 
of  Annandale  to  prepare  a  rental  of  the  estate  for  the  year  1672,  and  a  list 
of  the  late  earl's  debts,  and  to  furnish  other  information  on  matters  which 
they  specified.1  The  rental  was  prepared,  and  shows  a  total  of  £41,757,  8s. 
Scots,  payable  out  of  twenty-three  baronies  and  separate  estates.2 

At  a  subsequent  meeting  on  7th  July  1673,  the  Duke  of  Hamilton  held 
a  consultation  with  Sir  Eobert  Sinclair,  Sir  George  Lockhart,  and  Sir  John 
Harper,  advocates.  The  countess-dowager  was  now  dead,  and  the  Earls  of 
Queensberry  and  Dundonald  had  not  accepted  the  office  of  tutor  under  the 
will ;  and  the  question  which  his  Grace  submitted  to  the  advocates  was — 
Could  he  act  as  sole  tutor  to  the  Earl  of  Annandale  and  Hartfell  ?  The 
lawyers  returned  an  affirmative  answer,  adding  that  if  his  acting  as  tutor 
was  questioned,  the  nomination  in  the  will  would  sustain  him.  The  Duke  of 
Hamilton  hereupon  accepted  the  office  of  sole  tutor.  Thereafter  his  Grace 
and  his  duchess  Anne,  in  her  own  right  heiress  of  Hamilton,  acted  in  every 
way  as  parents  to  Earl  William  and  his  younger  brother,  John  Johnstone, 
their  two  orphan  nephews. 

The  Duke  and  Duchess  of  Hamilton  placed  the  earl  and  his  brother, 
while  resident  at  Hamilton  Palace,  under  the  charge  of  Margaret  Hamilton, 
a  superior  person  and  servant  to  the  duchess.  In  October  1674,  they  sent 
the  two  boys  to  Glasgow  to  pursue  their  education  at  the  Grammar  School 
there.  In  the  meautime  Margaret  Hamilton  having  married  Mr.  John 
Bannatyne  of  Corehouse,  in  the  county  of  Lanark,  and  having  gone  with  her 
husband  to  reside  in  Glasgow,  the  earl  and  his  brother  lodged  in  the  house  of 

1  Minute-Book  in  Annandale  Charter-chest. 

2  Duplicate  Rental,  18th  February  1673,  ibid. 


EDUCATED  AT  THE  UNIVERSITY  OE  GLASGOW.  Ccliii 

Mr.  and  Mrs.  Bamiatyne.1  Mr.  George  Glen  was  the  earl's  "  pedagogue  "  or 
private  tutor.  Soon  after  joining  the  school,  and  again  in  1677,  the  earl  had 
the  distinction  of  becoming  "victor"  of  the  Grammar  School,  a  distinction 
which  his  brother  John  also  obtained  in  1678.  Like  most  boys  he  and  his 
brother  joined  with  enthusiasm  in  the  sports  of  the  school.2  Occasional 
visits  to  Hamilton  diversified  their  school  life.  On  these  occasions,  when 
setting  out  on  their  excursions  to  the  ducal  palace,  crowds  of  the  citizens  of 
Glasgow  turned  out  to  see  them  leave  the  city  in  their  carriage,  when  money 
was  freely  distributed  among  them. 

In  October  1677,  the  Earl  of  Annandale  left  the  Grammar  School  and 
entered  the  University  of  Glasgow,  leaving  his  brother  John  to  give  further 
attendance  at  the  school.  His  lordship  was  associated  in  the  university 
with  several  other  students  of  noble  rank.  In  the  fourth  class,  on  4th 
February  1678,  his  name  heads  the  list,  William  Boyd,  eldest  son  of  the  Earl 
of  Kilmarnock,  follows,  and  he  is  succeeded  by  James  Campbell,  son  of  the 
Earl  of  Argyll ;  the  remainder  of  the  class  being  sons  of  gentry  and  com- 
moners.3 The  earl  and  his  brother  John  continued  to  lodge  with  Mr. 
Bannatyne.  Mr.  David  Carnegie,  governor  to  the  earl,  and  two  men- 
servants,  resided  there  with  them.  One  at  least  of  these  servants  also 
attended  the  university,  the  earl  paying  his  class  fees.  His  lordship  had 
also  a  chamber  to  himself  within  the  university  which  he  furnished,  and 
for  which  he  paid  rent.  He  employed  an  amanuensis  to  assist  him  in 
extending  his  "  logick  notes  "  and  his  "  ethick  and  metaphysick  notes." 4 

The  Earl  of  Annandale,  in  company  with  his  brother  and  Mr.  Carnegie, 
his  governor,  was   at  Newbie   in   the   summer   vacation   of  1680,    where, 

1  In  his  receipt  furnished  to  his  Grace,  Mr.      also  entries  of  purchases  of  golf  balls  and  golf 

Bannatyne  subscribes  himself  as  "  governor  to      clubs.    [Account  in  Annandale  Charter-chest.] 

the  Duke  of  Hamilton's  children."  „  ,,  ,       TT  .        .,   , .       .-,, 

3  Monumenta    TJniversitatis     Glasguensis, 

2  The  accounts  of  this  period  contain  an  ,   ...        .,, 

i  vol.  in.  p.  134. 

entry  for  the  price  of  a  football  to  the  school 

boys  "which  the  victor  gives."     There  are  4  Accounts  in  Annandale  Charter-chest. 


ccliv  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

from  August  to  October,  he  received  visits  from  a  constant  succession  of 
friends,  who  stayed  with  him  for  a  longer  or  shorter  period.  These  each 
brought  with  them  from  two  to  seven  attendants,  and,  in  some  instances,  as 
many  as  eleven  horses. 

His  lordship  completed  his  curriculum  of  four  sessions  at  the  university 
in  1681.  While  he  was  still  in  attendance  there,  a  notice  of  the  large 
family  Bible  occurs  in  the  accounts  : — 

1679,  April.  "  Item,  payed  for  the  binding  off  ane  greate  hous  Byble 
perteining  to  the  deceast  Countess  off  Annandaile,  and  wes  given  be  the  deceast 
countess  to  the  deceast  Mr.  Robert  Lauder  to  bind,  and,  at  the  death  of  the  said 
Mr.  Robert,  the  Byble  was  laid  in  to  the  hous  of  Johnne  Muire,  and  now 
is  taken  up  be  the  compter,  and  hes  payed  for  binding  of  it,  £4,  10s.  Od." 1 

In  1679  the  Earl  of  Annandale,  being  fifteen  years  of  age,  took  the 
usual  legal  steps  for  the  appointment  of  curators  to  manage  his  affairs  till  he 
attained  to  the  age  of  twenty-one  years.  The  persons  whom  he  chose  to  act 
for  him  in  this  capacity  included  the  Duke  of  Hamilton,  who  was  a  sine  quo 
non,  the  Earl  of  Crawford,  and  others.  On  29th  July  of  the  following  year, 
he  was  served  heir  to  his  father  at  Edinburgh.  He  left  Hamilton  Palace  to 
attend  the  service,  travelling  to  Edinburgh  by  Newbie.  The  retour  states 
that  the  lands  and  baronies  to  which  he  succeeded  were  erected  into  the 
earldom  of  Annandale  and  Hartfell  and  lordship  of  Johnstone,  according  to 
the  form  of  the  charter  granted  by  the  king  to  the  late  earl,  his  father,  on 
23d  April  1662.  It  also  retours  him  in  the  heritable  office  of  steward  of 
the  stewartry  of  Annandale,  and  narrates  that  all  the  lands  mentioned  had 
been  in  the  king's  hands  since  the  death  of  his  father  on  17th  July  1672, 
for  eight  years  and  eleven  days,  by  the  non-entry  of  William,  now  Earl  of 
Annandale  and  Hartfell,  lawful  heir-male  of  his  father  in  the  same.2  The 
retour,  which  is  dated  at  the  Tolbooth  or  new  session-house  of  Edinburgh  on 

1  Accounts  in  Annandale  Charter-chest. 

2  Annandale  Peerage  Minutes  of  Evidence,  1876,  pp.  61-64;  1878,  pp.  963-972. 


MARRIAGE  WITH  SOPHIA  FAIRHOLM  OF  CRAIGIEHALL.  Cclv 

29th  July  1680,  is  followed  by  a  precept  from  chancery  in  his  favour,  dated 
6th,  and  instrument  of  sasine  following  thereon,  13th  September  1680,  and 
recorded  in  the  general  register  of  sasines.1  The  earl  gave  a  dinner  on 
28th  July  on  the  occasion  of  his  service,2  and  thereafter  returned  to  Newbie, 
his  stay  at  which  place  has  already  been  described.3 

After  completing  his  feudal  title  to  his  extensive  territories,  the  young 
earl  resolved  on  taking  another  important  step  in  his  life.  With  his  hand- 
some personal  appearance,  as  brought  out  in  later  life  in  his  portrait  by  Sir 
Godfrey  Kneller,  his  many  historical  peerages  and  almost  boundless  Border 
baronies,  and  his  close  relationship  to  the  premier  duke  of  Scotland,  Annan- 
dale  was  a  noble  youth,  fitted  to  charm  and  captivate  his  female  con- 
temporaries. Even  at  the  early  age  of  sixteen,  he  was  already  in 
correspondence  with  the  parents  of  a  young  wealthy  and  attractive  heiress. 
She  was  the  only  child  of  John  Fairholm,  owner  of  the  estate  of  Craigiehall, 
in  the  county  of  Linlithgow,  which  had  been  acquired  by  his  father,  also 
John  Fairholm,  in  business,  and  of  additional  personal  wealth.  Sophia, 
his  only  child,  although  in  her  fourteenth  year,  had  already  become  an  object 
of  attention,   not   only   to    the   young    Earl  of   Annandale,   but   to    other 

1  Original  Precept  and  Sasine  in  Annandale       cation.     William,  Marquis  of  Annandale,  re- 
Charter-chest.  signed  the  £10  land  of  Stapleton  in  favour 

,  m,      ,.  ,  .  ,  of  Mr.  John  Johnstone,  his  brother-german, 

i  lhe  dinner,  which  was  a  sumptuous  one,  ..... 

.     ijj,„       ,  ovmji  c  asa  provision  for  him.     These  lands  were  to 

included    12   solan   geese,   3    boiled   legs  of  ,  ,         . , 

„„       ,  ,  .,  ,  be  holden  to  the  said  John  and  the  heirs  of 

mutton,  i  venison   pasties,   36   rabbits,  and  ,  .    ,     ,         ,.,,.,. 

£146    "for  wine   and   seek   and   aill,"   etc.  ^S  *°dy'  ^ich  faihng  to  the  marquis  and 

[Account  in  Annandale  Charter-chest.]  ^  ^  suf  eedlnS  ln  the  estate  of  Annan- 

dale.     On  that   resignation  a  crown  charter 

3  The    Hon.   John   Johnstone,   the    earl's  under   the   great   seal  was   passed   on  23rd 

brother,  left  the  Grammar  School  at  Glasgow  September  1 702,  and  sasine  followed  thereon 

when  the  earl   left  the  university,  and  was  on    1st,  and   registered   in   the   Register   of 

sent  to  the  Grammar  School  at  Haddington,  Sasines  for  Dumfriesshire  5th  October  1702. 

then  kept  by  Mr.  Herbert  Kennedy.     From  John  Johnstone  of  Stapleton  died  without 

Haddington  Mr.  John  Johnstone  proceeded  lawful   issue,    and    the   lands   of    Stapleton 

to  St.  Andrews  to  complete  his  education  at  reverted   to   the   Marquis  of  Annandale   in 

the  university.     He  was  still  there  on  8th  terms   of   the   charter   of    1702      [Writs   in 

February  1685  when  he  was  studying  fortifi-  Annandale  Charter-chest.] 


cclvi  WILLIAM,  FIRST  MARQUIS  OP  ANNANDALE,  1672-1721. 

pretenders  for  her  hand.  A  certain  lady  of  rank  was  eager  that  one  of  her 
sons  should  be  the  successful  lover  of  the  coveted  heiress,  Sophia  Fairholm. 
The  writer  of  the  letter,  Lady  Christian  Hamilton,  relict  of  Sir  Patrick  Hume 
of  Polwarth,  was  of  an  old  baronial  family,  noted  for  having  produced  many 
members  of  distinction  in  the  legal  and  other  professions.  By  her  first 
marriage  she  had  a  son  who  became  a  distinguished  nobleman,  and  her  own 
second  marriage  was  to  another  Border  nobleman.  This  lady  pled  the  claim 
of  her  second  son  with  the  Lady  Craigiehall  in  a  letter  dated  the  22d  March 

1681.  The  letter  is  written  in  the  Scotch  language,  and  has  considerable 
force ;  but  it  was  without  success.1  Already  the  young  earl  with  all  his 
attractions,  which  have  been  referred  ]  to,  made  a  favourable  impression  on 
the  heiress  and  her  parents,  and  the  marriage  between  them,  after  a  juvenile 
courtship    of   two   years,   was    celebrated   at   Edinburgh    on    2d   January 

1682.  The  countess  was  born  on  19th  March  1668,  was  a  mother  before 
she  had  completed  her  fifteenth  year,  and  a  grandmother  in  her  thirty- 
second  year. 

Allusion  has  been  already  made  to  the  enjoyment  by  the  young  earl  of  a 
summer  residence  at  Newbie  Tower  on  the  banks  of  the  river  Annan,  and  his 
constant  succession  of  visitors  there  in  the  summer  season.  Although  the 
old  tower  of  Lochwood  had  been  for  centuries  the  principal  residence  of  the 
Johnstone  family,  the  more  recently  acquired  mansion  of  Newbie  was 
selected  as  the  suitable  abode  in  Annandale  of  the  newly  married  earl 
and  countess. 

While  the  earl  and  countess  were  enjoying  themselves  at  Newbie  and 
entertaining  many  of  the  county  gentry  and  other  friends,  a  lamentable 
accident  befel  the  house.  The  countess,  Lady  Applegirth,  the  minister  of 
Cummertrees'  wife,  and  Sophia  Johnstone,  were  sitting  in  the  commissioner's 
chamber,  when  Lady  Applegirth  cried  out  she  felt  the  smell  of  burning 
timber.     By  the  time  the  company  reached  the   stairs,  they  were  nearly 

1  Original  letter  in  Annandale  Charter-chest. 


BURNING  OF  THE  HOUSE  OF  NEWBIE,  C.  1685.  cclvii 

choked  with  the  smoke.  They,  however,  managed  to  descend  to  the  entry, 
by  which  time  the  flames  were  issuing  out  of  the  chamber  windows.  Not- 
withstanding every  endeavour  to  save  the  new  house  and  furniture,  they 
were  both  totally  burned,  but  the  old  tower  was  saved,  though  with  difficulty. 
The  inmates  lost  all  their  clothes,  etc.,  and  Lady  Annandale  had  to  ride 
with  her  attendants  in  the  middle  of  the  night  as  far  as  Kelhead,  where 
they  found  accommodation  for  the  time.1 

At  the  close  of  the  year  1684,  Annandale  received  his  first  public  appoint- 
ment. He  was  placed  by  King  Charles  upon  a  large  commission  to  act  against 
the  covenanters.  The  king  had  already  in  September  of  this  year,  by  the 
appointment  of  commissioners  of  justice  to  whom  he  gave  very  rigid  instruc- 
tions, adopted  more  stringent  means  to  prevent  conventicles  and  to  bring  to 
punishment  those  who  frequented  them.  The  severities  now  practised  upon 
the  covenanters  led  to  their  publishing  in  November  the  Sanquhar  Declara- 
tion by  which  the  king's  authority  was  disowned  and  war  was  declared 
against  him.  This  so  incensed  his  Majesty,  that,  on  30th  December,  he 
granted  the  larger  commission  referred  to  in  which  Annandale  was  in- 
cluded. Power  and  authority  to  act,  in  terms  of  the  commission,  within 
the  shire  of  Nithsdale  and  stewartry  of  Annandale,  were  given  to  the  Earl 
of  Annandale,  Sir  Eobert  Dalziel  of  Glenae,  Sir  Eobert  Grierson  of  Lag,  Sir 
James  Johnstoun  of  Westerraw,  Thomas  Kilpatrick  of  Closeburn,  and  Eobert 
Laurie  of  Maxwelltown, — the  Earl  of  Annandale  to  be  convener.  As  his 
lordship  was  born  on  17th  February  1664  he  was  not  then  21  years  of  age; 
but  as  he  had  a  large  interest  in  the  district,  and  as  his  services  might  be 
considered  of  importance  to  the  government,  any  objection  on  account  of  his 
nonage  may  have  been  purposely  dispensed  with.  His  lordship's  name  does 
not  appear  in  any  record  under  the  commission  issued  for  punishing  the 
rebels.  But  Sir  Eobert  Grierson  of  Lag  and  several  of  the  other  commis- 
sioners associated  with  the  earl  were  active   in  the  work.     Only  on  one 

1  Letter,  countess  to  her  father,  vol.  ii.  of  this  work,  pp.  314,  315. 
VOL.  I.  2  K 


cclviii  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

occasion,  so  far  as  known,  is  the  earl  found  acting  under  the  commission. 
This  was  in  the  parish  of  Twynam,  on  10th  June  1685,  when  his  lordship  and 
Sir  Eobert  Grierson  of  Lag  made  search  for  four  nonconformists.  The  earl 
with  his  party  having  come  upon  David  Halliday  and  George  Short,  gave 
them  quarter  till  they  should  be  tried  the  next  day.  When  Lag  came  upon 
the  scene  he  refused  them  quarter,  and  although  the  earl  informed  him  of  his 
promise,  he  had  the  men  shot  on  the  spot.1 

Annandale  is  brought  into  prominence  in  connection  with  the  condemna- 
tion and  execution  of  the  Duke  of  Monmouth.  The  Eight  Honorable  Charles 
James  Fox  quotes  in  the  appendix  to  his  History  a  paper  obtained  from  the 
Buccleuch  repositories  which  contains  information  of  what  passed  in  the  last 
days  of  Monmouth.  In  doing  so,  after  stating  that  intimation  was  made  to 
Monmouth  of  the  time  fixed  for  his  execution,  he  says  : — 

"  All  the  while  he  importuned  more  of  his  former  acquaintance,  especially 
such  as  he  thought  to  have  any  credit  or  interest  with  the  king,  to  intercede  for 
him ;  at  least  for  a  longer  respyte.  The  Lord  Annandale  and  the  Lord  Dover 
were  frequently  sent  for  [by  Monmouth]  to  come  and  speak  with  him.  The 
latter  not  being  in  town  could  not  give  him  that  satisfaction  he  promised  himself 
if  he  saw  him.  The  first  hade  leave  to  go  and  see  him ;  and  the  business  was 
that  he  would  be  pleased  to  go  and  wait  on  his  Majestie,  and  reinforce  the  argu- 
ments he  had  formerly  used  towards  the  saving  of  his  life."  2 

As  is  well  known,  the  efforts  here  referred  to  failed,  and  Monmouth  was 
executed  on  the  15th  of  July  1685.  At  the  time  of  Monmouth's  execution, 
Annandale  was  only  21  years  of  age,  and,  if  he  was  employed  as  here  indi- 
cated, he  had  not  yet  acquired  such  a  position  as  to  make  him  a  prominent 
intermediary  with  the  king  for  saving  the  life  of  his  nephew. 

From  accounts  preserved  in  the  Annandale  Charter-chest  the  earl  made 
a  journey  to  London  in  the  month  of  March  1685,  and  remained  there 
during  the  greater  part  of  the  month.     As  his  lordship  acquired  his  full 

1  Wodrow's  History,  folio  edition,  vol.  ii.  p.  509. 

2  The  Right  Hon.  George  Rose  on  Mr.  Fox's  History.  Appendix  No.  8,  p.  Ixviii. 


ATTENDS  THE  PARLIAMENT  OP  KING  JAMES  THE  SEVENTH.        cclix 

age  about  that  time,  and  as  King  James  the  Seventh  succeeded  his  brother, 
King  Charles,  in  the  preceding  month  of  February,  it  is  probable  that  the 
young  earl  was  presented  to  the  new  king. 

The  town  of  Sanquhar  has  been  made  famous  by  the  declaration  of  the 
covenanters  in  1684  disowning  Charles  Stuart  as  king,  and  declaring  war 
against  him.  The  same  town  was  the  scene  of  another  proclamation  in 
the  end  of  July  or  beginning  of  August  1692,  of  James,  Earl  of  Dalkeith,  as 
king.  This  last  proclamation  at  Sanquhar  was  made  by  thirty  or  forty 
"  wyld  people "  at  the  cross.1  Thus  a  small  remnant  of  the  faithful  pro- 
claimed a  grandson  of  King  Charles  the  Second  as  king  eight  years  after 
they  had  renounced  all  allegiance  to  the  grandfather  himself,  and  seven  years 
after  Monmouth  was  beheaded  for  proclaiming  himself  king. 

During  the  rest  of  the  reign  of  King  James  the  Seventh,  Annandale  con- 
tented himself  with  attending  to  his  parliamentary  and  official  duties.  He 
was  present  in  the  two  sessions  of  parliament,  of  which  the  first  was  held 
at  Edinburgh  on  23rd  April  1685,  in  which  William,  Duke  of  Queens- 
berry,  was  commissioner,  and  the  second  on  29th  April  1686,  in  which  the 
Earl  of  Moray  was  commissioner.  Two  years  later,  on  29th  June  1688,  he 
was  preses  of  a  meeting  of  the  principal  persons  in  the  shire  of  Dumfries. 
The  object  of  this  meeting,  and  the  circumstances  in  which  it  was  convened, 
were  these : — Mr.  David  Houston,  a  minister  of  the  gospel,  who  had  been 
in  Ireland,  was  apprehended  there,  and  was  being  brought  to  the  Tolbooth 
of  Edinburgh  a  prisoner  in  charge  of  a  guard  of  soldiers,  for  the  purpose  of 
being  tried  for  field  preaching.  A  number  of  the  country  people  ascertaining 
this,  armed  themselves,  rescued  the  minister  at  Carbelly  path,  in  Ayrshire, 
killed  several  of  the  soldiers  of  the  escort  and  wounded  others  of  them.  On 
22nd  June  the  council,  annoyed  at  what  had  taken  place,  issued  a  pro- 
clamation, ordered  the  nobility,  freeholders,  heritors,  and  indulged  ministers 
in  the  shires  of  Ayr,  Lanark,  Eenfrew,  and  Nithsdale  to  meet  at  the  head 
1  The  Scotts  of  Bueoleuch,  vol.  i.  p.  483. 


cclx  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

burgh  of  their  respective  shires  on  the  29th  of  that  month,  and  charged 
them  to  discover,  if  possible,  the  persons  implicated.  The  commissioners, 
justices  of  the  peace,  and  others  of  Dumfriesshire  met  at  Dumfries  on  the 
day  appointed,  and,  as  already  related,  the  Earl  of  Annandale  was  preses  of 
the  meeting.  The  report  of  their  proceedings,  which  his  lordship  furnished 
to  the  lord  chancellor,  bears  that  Francis  Irving,  William  Macmillan,  and 
George  Campbell,  three  indulged  ministers  who  had  been  called  to  the 
meeting,  petitioned  to  be  relieved  from  attending,  on  the  plea  that  it  was 
inconsistent  with  their  sacred  office  to  sit  as  judges  in  a  civil  court.  The 
earl  enclosed  their  petition  with  his  letter  to  the  chancellor,  and  left  it  to 
the  judgment  of  the  privy  council.  The  meeting  resolved  themselves  into  a 
committee  of  twenty,  being  five  for  each  of  the  four  presbyteries  within  the 
shire.  These  met  separately  with  the  heritors  within  their  respective 
presbyteries,  conferred  on  the  matter  referred  to  them,  and  declared  they  did 
not  know  of  any  one  who  was  present  "  at  that  late  rebellious  assassinatione," 
nor  of  any  field  conventicle  recently  kept  within  their  bounds,  and  they 
judged  the  people  peaceable.1 

This  same  year  of  1688,  King  James  made  the  Earl  of  Annandale  a  privy 
councillor  although  he  was  only  then  twenty-four  years  of  age.  Later  in 
the  year  he  received  a  commission  on  18th  October  1688  from  King  James 
the  Seventh  to  be  captain  of  a  troop  of  horse  in  the  regiment  under  the 
command  of  Major-General  John  Graham  of  Claverhouse.2  Before  Annan- 
dale could  have  assumed  his  place  as  captain,  William,  Prince  of  Orange, 
landed  at  Torbay  on  5th  November  1688,  and  the  Revolution  became  an 
accomplished  fact. 

1  The  letter  of  the  earl  and  the  petition  of  (History,  fol.   edition,  vol.  ii.  p.  629.)     The 

the  ministers  are  printed  in  volume  ii.  of  this  letter  and  petition  now  referred  to  supply 

work,  pp.  41-44.    Wodrow  states  that  unless  such  an  account  so  far  as   Dumfriesshire  is 

in  the  case  of  the  shire  of  Renfrew,  he  had  concerned, 
not   seen  any  account  of  the  procedure  in 

this  case  adopted  in  any  of  the  other  shires.  2  Charters  of  this  work,  p.  96. 


THE  REVOLUTION  OF  1688.  cclxi 


CHAPTER  SECOND. 


Annandale  enters  heartily  into  the_Revolution — Signs  the  declaration  that  parliament  would 
continue  to  sit  irrespective  of  King  James — Joins  the  Club — Presents  the  address  of 
the  Club  to  the  king — Involved  in  Sir  James  Montgomerie's  plot,  1689 — Confession  by 
the  Earl — Letters  of  Queen  Mary  of  Modena — The  letters  and  commissions  sent  by 
King  James  to  the  Plotters — Pardoned  by  the  King  and  Queen — He  retires  to  the 
country,  1692. 

The  Eevolution  of  1688  was  practically  accomplished  by  the  absconding 
of  King  James  the  Seventh  from  his  palace  of  St.  James,  and  the  advent  of 
William,  Prince  of  Orange,  at  the  same  palace  on  the  same  day.  That  memor- 
able day  was  the  23rd  of  December  1688.  The  outgoing  King  James  left 
his  palace  in  the  early  morning,  and  the  incoming  King  William  arrived  at 
the  vacated  palace  the  same  night.  Although  this  remarkable  Eevolution 
dates  from  the  end  of  the  year  in  which  it  was  accomplished,  it  had  to  be 
completed  in  a  constitutional  form,  and  the  arrangements  to  effect  this 
required  the  exercise  of  great  wisdom  and  experience.  It  was  arranged  that 
the  Prince  of  Orange  should  write  circular  letters  to  the  barons  and  burgesses 
and  others,  calling  a  convention  of  the  estates  of  Scotland  to  be  held  at 
Edinburgh  on  14th  March  1689.  The  Earl  of  Annandale  responded  to  the 
circular  and  attended  the  convention.  Although  then  of  very  little  par- 
liamentary experience,  having  only  attended  the  two  previous  parliaments  of 
King  James  the  Seventh  after  he  had  come  of  age,  he  took  part  in  the 
proceedings,  and  several  duties  were  assigned  to  him  by  the  convention.  He 
signed  the  letter  to  the  Prince  of  Orange  acknowledging  him  as  their  deliverer. 

Annandale  was  appointed  colonel  of  the  militia  regiment  for  Dumfries- 
shire. He  was  also  added,  during  the  absence  of  the  Marquis  of  Atholl 
and  Viscount  Tarbat,  to  the  committee  for  settling  the  government  of  the 
country.  He  received  a  commission  from  the  estates  to  be  captain  of  a 
troop  of  fifty  horse  to  be  levied  and  under  the  command  of  Major-General 
Mackay  ; 1  and  was  appointed  one  of  the  commissioners  to  treat  for  a  union 

1  Dated  22d  April  16S9. 


cclxii  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

of  the  two  kingdoms.  An  act  was  passed  in  his  favour  enjoining  the 
Duchess  of  Buccleuch  and  her  vassals  to  contribute  their  proportion  of  men 
for  the  earl's  troop  from  the  five  parishes  of  Eskdale,  notwithstanding  that 
these  parishes  were  disjoined  from  the  shire  of  Dumfries  and  annexed  to 
that  of  Eoxburgh ;  thirty  carbines  were  ordered  to  be  delivered  to  the  earl's 
troop,  etc.  A  letter  was  written  by  the  committee  of  estates  to  Annandale, 
bearing  that  they  were  informed  that  some  persons  came  skulking  over  the 
Border  from  the  English  side  having  evil  designs  against  the  goyernment,  and 
sending  an  order  from  Major-General  Mackay  to  command  thirty  horse  of  the 
English  forces  for  his  Majesty's  service.  The  committee  authorised  Annan- 
dale  to  secure  disaffected  persons  who  had  crossed  the  Border,  and  to  give 
intelligence  to  the  magistrates  or  officers  on  the  English  side  if  any  crossed 
from  Scotland  with  evil  designs.1  Under  these  orders,  Annandale  and 
Viscount  Kenmure  were  empowered  to  seize  the  horses  above  the  value  of 
£8  sterling  of  any  Boman  Catholics  in  the  shire  of  Dumfries  and  stewartry 
of  Kirkcudbright,  to  take  from  them  any  arms  which  they  wore  contrary  to 
the  proclamation  of  the  estates,  and  to  require  them  to  take  a  bond  pre- 
scribed, and  in  case  of  refusal  to  secure  their  persons.2 

At  the  convention  of  the  estates,  when  a  special  letter  was  addressed 
to  it  by  the  late  King  James,  Annandale  agreed  with  the  convention  that 
the  meeting  should  continue  to  sit,  even  should  the  letter  of  the  king  decree 
its  dissolution.  The  signature  of  Annandale  stands  affixed  amongst  those  of 
the  other  noblemen. 

The  convention  of  estates,  which  first  met  on  14th  March  1689,  continued 

their   sittings   till  5th  June   following.      At   one  of  their   meetings,   they 

petitioned  King  William  to  have  the  convention  considered  a  free  parliament, 

and  its  acts  and  proceedings  treated  as  such  from  the  commencement.     King 

William  approved  of  this,  and  on  5th  June  1689  an  act  of  parliament  was 

1  The  letter  is  dated  16th,  aud  a  further  2  Acts   of    the   Parliaments   of    Scotland, 

order  2'2d  May  1689.  vol.  ix.,  passim. 


SIR  JAMES  MONTGOMERIE  AND  THE  CLUB.  cclxiii 

passed  constituting  the  convention  a  parliament.  As  commissioner  from  the 
king,  and  as  president  of  the  convention,  the  Duke  of  Hamilton  touched 
the  act  with  the  sceptre,  hy  which  it  became  law. 

Although  Dundee  and  other  Jacobites  attended  the  convention  of  estates, 
and  sanctioned  their  recent  .actions,  they  were  engaged  in  proceedings  to 
restore  King  James,  which  culminated  in  the  battle  of  Killiecrankie,  where 
the  army  of  King  James,  headed  by  Dundee,  defeated  that  of  King  William 
under  Mackay. 

In  these  threatening  circumstances  parliament  required  the  assistance  of 
the  loyal  members.  But  several  of  the  influential  representatives  of  the 
barons  were  dissatisfied  with  certain  acts  of  the  convention.  These  dis- 
sentients formed  themselves  into  a  separate  section  popularly  known  as  the 
"  Club."  They  were  for  a  time  numerically  the  largest  voting  power  in  par- 
liament. The  leading  spirit  of  the  club  was  Sir  James  Montgomerie  of  Skel- 
morlie,1  member  for  Ayrshire,  who  took  a  very  active  part  in  the  debates  of 
the  convention.  His  wife  was  Lady  Margaret  Johnstone,  one  of  the  sisters 
of  the  Earl  of  Annandale.  The  young  Earl  of  Annandale  was  easily  drawn 
into  the  schemes  of  his  brother-in-law,  Skelmorlie,  along  with  Lord  Eoss. 

The  Earl  of  Argyll,  Sir  Patrick  Hume  of  Polwarth,  and  other  members  of 
parliament,  were  for  some  time  members  of  the  club.  Sir  James  Montgomerie 
was  a  disappointed  politician.  Amidst  the  changes  consequent  upon  the 
Eevolution,  Montgomerie  expected  to  obtain  the  office  of  lord-justice  clerk, 
and  he  expressed  chagrin  that  it  had  been  bestowed  on  another.  Many 
questions  were  urged  in  the  new  parliament.  On  three  points  the  members 
of  the  club  desired  to  have  new  acts  of  the  estates  passed — to  have  the  lords 
of  the  articles  appointed  by  parliament,  to  have  certain  persons  who  were 
employed  in  the  late  reigns  disqualified  from  office  under  the  new  reign, 
and  to  have  the  new  judges  appointed  by  parliament.      But  to  none  of  these 

1  There  is  a  notice  of  Sir  James  Montgomerie  as  the  fourth  baronet  of  Skelmorlie  in  the 
"  Memorials  of  the  Montgomeries,  Earls  of  Eglinton,"  1859,  vol.  i.  pp.  163-165, 


cclxiv  WILLIAM,  FIRST  MARQUIS  OF  ANNAN  DALE,   1672-1721. 

acts  would  King  William  consent.  On  the  2d  of  July  1689  a  bill  for  church 
government  was  introduced  by  the  Earl  of  Annandale.  It  proposed  to  abolish 
prelacy,  and  recommended  presbytery  as  the  most  agreeable  to  the  people  of 
the  nation.  Hamilton,  as  commissioner,  raised  objections,  and  certain  members 
of  the  club  inferred  that  the  king  did  not  intend  to  allow  the  presbyterian 
church  government  to  be  established.  An  act  was,  however,  passed,  abolishing 
prelacy,  to  which  their  Majesties  signified  their  assent.1  The  parliament  was 
adjourned  to  2d  August  1689,  and  did  not  meet  again  till  the  following  year. 
When  Major-General  Mackay  was  arranging  his  forces  to  meet  the 
Highland  host  of  Dundee  at  Killiecrankie,  Mackay  summoned  the  Earl  of 
Annandale  and  Lord  Eoss  to  attend  him  at  the  head  of  their  respective 
troops.  But  these  active  senators,  thinking  they  were  of  more  consequence 
in  the  parliament  house  than  on  the  battlefield,  applied  first  to  the  council 
and  then  to  the  parliament,  to  have  the  general's  order  countermanded. 
This  gave  rise  to  new  debate,  whether  the  king  could  call  away  any  man 
from  parliament.  Hamilton,  as  commissioner,  decided  that  officers  must 
obey  orders.  But  Lords  Annandale  and  Eoss  offered  to  lay  down  their  com- 
missions rather  than  obey  the  orders  of  Mackay,  who  did  not  accept 
their  commissions,  and  gave  them  furloughs.  In  the  parliament  con- 
stituted in  the  circumstances  consequent  on  a  change  of  sovereigns,  many 
difficult  questions  were  constantly  cropping  up,  and  required  great  skill  to 
pilot  them  through  without  explosions.  Whether  Annandale  and  Eoss  did 
best  for  the  country  to  remain  in  parliament,  instead  of  attending  the  com- 
mander-in-chief with  their  respective  troops,  may  be  a  matter  of  opinion. 
But  the  fate  of  the  day  would  probably  not  have  been  affected  by  their 
presence  or  absence.  Mackay  had  the  troops  of  Annandale  and  Eoss  under 
his  command  at  Killiecrankie,  and  their  inexperienced  captains  would  not 
probably  have  affected  the  general  result.  The  battle  of  Killiecrankie  was 
claimed  as  a  victory  for  King  James ;  but  it  was  dearly  bought  by  the  death 

1  22d  July  1689,  Acts  of  the  Parliaments  of  Scotland,  vol.  ix.  p.  104, 


ADDRESS  OF  THE  CLUB  TO  KING  WILLIAM,  1689.  cclxv 

of  Dundee,  his  ablest  general,  who  fell  mortally  wounded  on  the  field  of 
battle.  Macpherson,  of  Ossian  fame,  published  a  letter  purporting  to  be 
written  by  Dundee  the  day  after  the  battle,  giving  an  account  of  his  victory. 
But  recent  investigations  have  demonstrated  that  Dundee  actually  died  in 
the  midst  of  the  battle.  Lord  Macaulay  in  his  history  gives  a  brilliant 
account  of  the  battle  of  Killiecrankie,  and  states  that  the  alleged  letter  by 
Dundee  to  King  James  is  as  impudent  a  forgery  as  Fingal.1 

Certain  subjects  which  had  been  agitated  in  the  convention  and  parlia- 
ment were  still  discussed  by  the  members  of  the  Club  and  others.  These 
had  reference,  first,  to  the  nomination  of  committees  by  the  estates ;  second, 
to  the  act  abrogating  the  act  of  1669  asserting  the  king's  supremacy  in 
causes  ecclesiastical ;  third,  to  those  persons  not  to  be  employed  in  public 
trust ;  fourth,  to  the  act  about  nominating  the  lords  of  session  ;  and  fifth,  to 
the  act  restoring  the  presbyterian  ministers  since  1st  January  1661. 

Those  favourable  to  these  measures  prepared  a  formal  address  to  King 
William,  in  September  1689,  urging  him  to  ratify  the  acts  voted  in  the  current 
parliament.  The  address,  which  was  signed  by  eleven  peers,  including 
Sutherland,  Morton,  Argyll,  Annandale,  Eoss,  and  others,  and  also  sixty-one 
commissioners  to  parliament,2  was  a  formidable  document,  and  the  king 
ultimately  gave  favourable  consideration  to  several  points  in  it.  But  he 
never  consented  to  the  incapacitating  act,  and  he  reserved  to  the  crown  the 
nomination  of  the  lords  of  session. 

A  proclamation  was  issued  against  members  of  parliament  leaving  the 
kingdom.  But  Lords  Annandale  and  Boss  and  Sir  James  Montgomerie 
disregarding  it  hastened  to  London  to  present  the  address  to  the  king.  A 
rumour  had  arisen  that  the  king  meant  to  nominate  the  lords  of  session, 
and  this  increased  their  anxiety.  They  kept  pressing  Portland  upon  the 
subject,  who  received  them  in  a  friendly  spirit,  and  they  so  far  succeeded 

1  History  of  England,  1855,  vol.  iii.  p.  363. 

2  The  Melvilles,  Earls  of  Melville,  etc.,  1890,  vol.  iii.  pp.  209-213. 
VOL.  I.  2  L 


CClxvi  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,   1672-1721. 

with  him  that  on  the  9th  of  Octoher  the  nomination  was  delayed.  They 
came  to  Newmarket  on  the  14th,  accompanied  with  Mr.  Johnstone,  their  agent. 
After  some  delays  and  discussions  as  to  who  should  present  the  address, 
Annandale  made  the  presentation.  A  letter  of  the  period  says  the  king  had 
heard  all  of  them,  but  they  had  no  reason  to  brag  of  kind  entertainment ; 
and  adds,  "the  whole  clubb  is  now  shatering."1 

Sir  James  MontgOmerie,  stung  with  disappointment,  first  at  not  receiving 
the  appointments  he  expected,  and  now  at  losing  the  king's  favour,  entered 
into  that  scheme  known  in  history  as  "  Montgomerie's  Plot."  His  object 
was  to  effect  a  revolution  against  King  William  for  the  purpose  of  restoring 
King  James.  Annandale,  who  joined  in  the  plot,  being  young  and  inexperi- 
enced, came  to  see  his  error,  and  made  his  escape  from  it  by  a  frank  con- 
fession, in  which  he  gives  the  following  account  of  its  inception : — 

."After  the  first  adjournment  of  the  Scots  parliment  in  the  year  1689,  the 
Earle  of  Annandall,  Lord  Eoss,  Sir  James  Montgomery  of  Scalmorlejr,  cam  to 
London,  contrair  to  the  King's  express  command,  and  presented  ane  Adres  to  his 
Majesty,  which  with  a  lybell,  called  the  vindication  of  it  (wryten  be  Mr.  Robert 
Ferguesson,  as  Sir  James  told  the  earle,  who  furnished  him  with  the  materialls),2 
gave  such  offence  to  the  king,  as  mad  us  quickly  see  we  had  totalie  lost  the  king's 
favour.  Thus,  the  earle  continoued  at  London,  without  entering  into  anay  desyn, 
till  the  beginning  of  December,  about  which  tym,  Sir  James  Montgomerie,  who 
is,  perhaps,  the  worst  and  most  restles  man  alyve,  cam  to  the  earle,  and  proposed 
to  him,  that  since  ther  was  no  hops  of  doing  any  thing  with  the  king,  we  ought 
to  apply  our  selfs  to  King  James,  who  was  our  lawful  prince,  and  who  no  doubt 
wold  give  us  what  preferments  and  imploymeiits  we  pleased.  To  this  purpose, 
severall  days  we  discoursed,  and  the  earle  having  agreed  to  the  proposition,  it 

1  Letter,  15th  October  16S9,  from  David  vindicated.  Glasgow :  Printed  by  Andrew 
Nairne,  The  Melvilles,  Earls  of  Melville,  Hepburn.  Anno  Dora.  1689."  The  lan- 
vol.  i.  pp.  211,  212.  guage  employed  in  this  tract  is  particularly 

bitter   in  abuse  of   the    king's   ministers   of 

2  The  libel  referred  to  bore  the  following  state,  and  especially  Lord  Stair  and  Sir 
title :  "  The  late  Proceedings  and  Votes  of  John  Dalrymple,  his  son.  The  Address  is 
the  Parliament  of  Scotland  ;  contained  in  an  printed  at  the  end  of  the  pamphlet,  and  is 
Address  delivered  to  the  King,  signed  by  the  said  to  have  been  delivered  to  his  Majesty  at 
plurality  of  the  members  thereof,  stated  and        Hampton  Court  on  15th  October  16S9, 


THE    CONFESSION    OF    THE   EARL,    1690.  cclxvii 

was  theraffcer  proposed  be  Sir  James  to  the  lord  Koss,  who  after  much  difficult!  e 
ingadged  therin." 

The  earl  in  his  confession  states  that  he  and  Lord  Eoss  had  little  to  do 
but  say  "Amen"  to  Sir  James,  who  had  drawn  out  already  (1)  a  commission 
for  Annandale  to  represent  King  James  in  parliament ;  (2)  instructions  to 
his  commissioner  with  thirty-two  articles ;  (3)  a  declaration  for  Scotland. 
These  were  to  be  sent  to  the  late  king  to  be  signed.  Visits  were  made  to 
the  Fleet  prison  to  discourse  the  project  with  one  Simpson  and  Neville 
Payne ;  and  other  meetings  were  held,  ending  with  one  at  Captain  William- 
son's house,  near  Hyde  Park,  where  the  papers  to  go  with  Simpson  and  his 
credentials  were  signed.  Annandale  explains  that  their  project  was  to  bring 
home  King  James  by  a  parliamentary  majority ;  for  though  they  durst  not 
insinuate  as  much  to  the  dissenters,  they  "  really  abhorring  that  thought," 
yet  reckoning  that  many  of  them  would  concur  to  force  the  king  to  yield  to 
demands  he  disliked,  they  hoped  the  country  might  thereby  be  put  into  con- 
fusion, or  a  new  parliament  called,  which  they  expected  would  be  for  King 
James.  To  carry  on  the  project  they  returned  to  Edinburgh,  waited  on  Lord 
Arran,  and  told  him  what  they  were  to  do  to  bring  in  his  old  master.  The 
Club,  or  those  of  them  still  under  Sir  James  Montgomerie's  influence,  now 
joined  with  the  Jacobites  to  obstruct  the  king's  affairs.  This  continued  till 
the  meeting  of  parliament.  Meantime  the  king  authorised  Lord  Melvill  to 
publish  his  instructions  to  his  commissioner,  by  which  it  was  shown  to  the 
country  that  the  delay  in  establishing  the  presbyterian  church  in  Scotland  was 
noways  attributable  to  the  king.  One  effect  of  this  was  that  leading  members 
of  the  Club  fell  away — such  as  the  Earl  of  Argyll  and  Sir  Patrick  Hume,  and 
the  Laird  of  Culloden  went  on  a  mission  to  Scotland  to  counteract  the  efforts 
of  Sir  James  Montgomerie.  The  Earl  of  Crawfurd,  writing  to  Lord  Melvill, 
says,  "  I  am  much  delighted  with  his  Majestie's  instructions  to  the  Duke  of 
Hamilton,  the  printing  of  which  hes  allready  remarkable  effects  on  the 
people,  and   throughly  cured   many   of    the   members   of  parliament   who 


cclxviii      WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

formerly  wer  displeased." x  The  king  ordered  the  troops  of  Lords  Annan- 
dale  and  Eoss  to  be  divided  amongst  the  standing  troops,  or  disbanded.2 

Annandale  and  the  other  Scottish  lords  returned  home  about  the  begin- 
ning of  January  1690,  and  were  honoured  by  many  as  great  patriots.3  The 
message  which  Montgomerie  and  his  friends  sent  to  King  James  in  France 
was  acknowledged  by  his  queen,  Mary  of  Modena.  Her  first  letter  to  Sir 
James  Montgomerie,  dated  23d  March  (1690),  expresses  her  persuasion  that 
she  had  to  do  with  men  of  honour,  and  refers  to  a  cautious  abridging  of  the 
royal  power.  Her  second  letter  states  at  length  the  arrangements  made 
in  France  for  forwarding  the  wishes  and  designs  of  her  husband,  King  James. 

Parliament  met  on  15th  April  1690.  The  presence  of  the  king  being  re- 
quired in  Ireland,  he  sent  the  Earl  of  Melvill  to  attend  as  his  commissioner.4 
After  adjournments  to  the  end  of  the  month,  legislation  was  proceeded  with 
harmoniously  till  the  22d  of  July,  when  it  was  adjourned  till  September. 
But  the  plan  of  co-operation  in  parliament  between  the  remaining  members 
of  the  club  and  the  Jacobites  did  not  help  the  club  with  the  dissenters, 
and  even  the  Jacobites  failed  them,  for,  finding  the  inconveniences  that  might 
arise  to  them  from  so  public  an  appearance  against  the  interest  of  the  king,  the 
Jacobites  told  them  plainly  they  would  leave  them  and  concur  in  the  money 
bill.    The  attempt  of  the  club  to  have  parliament  dissolved  was  thus  frustrated. 

Mr.  Simpson  returned  to  Edinburgh  towards  the  end  of  May  1690,  and 
brought  from  King  James,  then  in  Ireland,  a  great  bundle  of  papers  in  a 
leather  bag  sealed  with  the  king's  seal,  which  he  delivered  to  Sir  James 
Montgomerie;  and  which,  according  to  Annandale's  confession,  contained 
the  following  commissions  and  letters  : — 

1.  A  commission  to  Annandale  to  be  high  commissioner. 

1  Crawfurd    to    Melvill,    19th    December  3  Dalrymple    to    Melvill,     10th    January 
1G89,  Leven  and  Melvill  Papers,  p.  349.  1690,  Leven  and  Melvill  Papers,  p.  367. 

2  Order   dated   4th   January    1690.     The  4  His  instructions  are  dated  at  Kensington 
Melvilles,  Earls  of  Melville,  vol.  ii.  p.  40.  25th  February  1689-90. 


COMMISSIONS   BY  KING   JAMES   TO   THE   PLOTTERS.  cclxix 

2.  Instructions  to  him  in  a  large  parchment,  consisting  of  32  articles,  and 
many  particular  instructions. 

3.  A  commission  for  a  council  of  five,  very  ample,  to  Arran,  Annandale,  Eoss, 
Sir  James  Montgomerie ;  and  whether  the  fifth  was  blank,  or  Argyll's  name  filled 
up  in  it,  Annandale  could  not  remember. 

4.  A  commission  of  council,  wherein  the  Duke  of  Hamilton  and  most  of  the 
old  privy  council  were  named,  and  a  blank  for  the  council  of  Five. 

5.  A  commission  for  the  session,  wherein  are  named  Sir  James  Ogilvie, 
Sir  William  Hamilton,  and  many  others. 

6.  A  commission  of  justiciary. 

7.  A  commission  for  James  Stewart  to  be  lord  advocate. 

8.  A  general  indemnity,  six  persons  only  excepted — the  Earl  of  Melvill,  Earl 
of  Leven,  L.  G.  Douglas,  Major  G.  Mackay,  Sir  John  Dalrymple,  the  Bishop  of 
Salisbury. 

9.  A  great  many  letters  written  with  the  late  king's  own  hand,  and  above 
forty  superscribed  by  him,  to  be  directed  and  delivered  as  the  council  of  five 
should  think  fit. 

10.  A  letter  to  three  that  sent  the  message. 

11.  A  particular  letter  to  Annandale,  and  a  commission  to  command  the 
castle  of  Edinburgh,  with  a  patent  to  be  a  marquis. 

1 2.  A  commission  to  Sir  James  Montgomerie  to  be  secretary,  and  a  patent  to 
be  an  earl. 

13.  The  Lord  Eoss  had  a  patent  to  be  an  earl,  and  a  commission  to  be 
colonel  of  the  horse-guards.1 

Annandale's  confession  further  explains  that  the  papers  were  all  taken 
to  Lord  Arran's  chambers  in  Holyroodhouse,  and  examined.  Afterwards 
the  principal  of  them  were  taken  to  Lord  Breadalbane's  chamber,  and 
examined  by  the  Marquis  of  Atholl,  the  Earl  of  Breadalbane,  and  others, 
where  the  three  leaders  were  much  blamed  "  for  thinking  that  it  was  pos- 
sible to  doe  King  James  bussines  in  a  parlimeutarie  way ;  and  that  in  place 
of  thos  papers,  we  ought  to  have  sent  for  ammunition,  and  arms,  and  som 
forces,  if  they  could  be  obtained."     The  papers  received  from  King  James 

1  Leven  and  Melvill  Papers,  pp.  509,  510.  "The  Earldom  of  Air  was  conferred  upon 
Montgomery."     [Dalrymple's  Memoirs,  1790,  vol.  iii.  p.  11.] 


cclxx         WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

were  thereafter  burned  in  Breadalbane's  chamber,  as  those  in  the  custody 
of  them  might  find  them  to  be  dangerous  documents. 

The  question  next  arose  of  making  a  return  to  King  James's  letters. 
Annandale  did  not  encourage  any  further  communication  with  the  late  king, 
and  went  into  the  country  to  escape  the  importunities  of  Sir  James 
Montgomerie.  The  three  principal  leaders  in  this  plot  now  became  alarmed, 
and  hastened  to  make  their  peace  with  the  government  by  confessions  of  the 
part  each  had  played  in  the  conspiracy.  Sir  James  Montgomerie  was  the 
first  to  write  to  Lord  Melvill,  offering  to  wait  upon  him  and  clear  himself  of 
the  false  accusations  made  against  him.  He  did  this  to  escape  imprison- 
ment, which,  in  the  state  of  his  health,  would  have  occasioned  his  death.1 
Lord  Eoss  was  the  first  actually  to  offer  to  make  his  confession,  and  was 
sent  by  Melvill  to  Queen  Mary.  He  averred  that  the  burning  of  the  papers 
received  from  King  James  was  owing  to  James's  refusal  to  dismiss  his 
Popish  officers.  Sir  James  Montgomerie  next  offered  to  make  disclosures, 
but,  like  Lord  Eoss,  insisted  first  on  an  indemnity,  and  that  he  should  not 
be  used  as  a  witness.2 

The  Countess  of  Annandale,  who  had  been  kept  in  total  ignorance  of  the 
plot,  hastened  to  Lord  Melvill,  and  begged  of  him  a  letter  to  the  queen  that 
she  might  intercede  in  her  husband's  favour.     Melvill  wrote  to  the  queen : — 

"  I  could  not  refuse  the  solicitations  of  a  faire  lady  to  give  your  Majesty 
this  trouble.  I  doubt  not  but  she  is  both  innocent  and  ignorant  of  what  hath 
been  her  lords  carriage,  and  its  no  wonder  she  be  much  concerned ;  and  I  do 
think  him  to  be  the  least  guilty  and  the  most  ingenuous  person  of  the  three 
friends,  as  the  late  queen  designed  them  in  her  letters  to  them.  I  wish  he  had 
been  more  frie,  and  given  your  Majesty  greater  satisfaction."  3 

The  Countess  of  Annandale  lost  no  time  in  repairing  to  London,  and 
immediately  waited  on  Sir  William  Lockhart,  who  was  solicitor-general,  with 

1  Hirst,  18th  June  1690.     The  Melvilles,  Earls  of  Melville,  vol.  ii.  p.  156. 

2  Leven  and  Melvill  Papers,  pp.  454-456. 

3  Melvill  to  the  Queen,  6th  August  1690.     Ibid.  p.  488. 


COUNTESS  SOPHIA  INTERCEDES  FOR  HER  HUSBAND.  cclxxi 

proposals  for  a  remission  to  the  earl  on  certain  conditions.     Sir  William 
states  the  outcome  of  these  proposals.     He  says  : — 

"The  queen  was  verie  willing  that  he  should  be  reunited  on  thir  terms;  1st, 
That  he  should  mak  a  full  discovrie  of  all  he  knew,  both  as  to  persons  and  things. 
2.  That  the  account  shold  be  in  wryting.  3.  That  he  shold  surrender  himselfe  to 
me,  and  shold  not  converse,  either  by  word  or  wryting,  with  any  person,  nor 
receive  anay  messadge  in  relation  to  the  cryme  he  had  been,  or  knew  others  to  be, 
guiltie  of;  and  the  queen  promises  he  shall  not  be  ane  evidence ;  to  which  he 
agreed,  and  accordingly  yesternight  he  surrendered  himselfe.  It  was  latt,  and 
therfor  have  not  had  yet  much  discours  with  him ;  onlie  he  tells  me  that  Sir 
James  Mongomerie  is  the  greatest  of  all  vilains,  that  he  was  the  author  and 
ajent  of  all." 

Sir  William  adds  he  had  been  in  town  since  Saturday  morning.  He  had 
desired  to  see  Annandale,  but  was  refused,  and  he  had  been  with  Ferguson 
and  other  rogues  "  who  cut  Eoss  throat."  He  states  that  the  queen  was  to 
see  Annandale  that  night,  and  inquires  whether  Melvill  thought  he  should 
cause  seize  Sir  James.  The  queen  gave  a  formal  warrant  embodying  the 
above  conditions,  and  giving  her  royal  word  that  the  Earl  of  Annandale 
should  never  be  used  as  a  witness  against  any  person  mentioned  in  the 
information  she  was  to  receive  from  him.  The  earl  in  his  interview  with 
the  queen,  gave  "  a  full  and  faithfull  account  of  the  Conspiracie  "  he  had 
been  engaged  in,  which  was  written  down  from  his  mouth  by  Sir  William 
Lockhart.1  This  confession  cleared  up  most  of  the  obscurities  in  the  case. 
Sir  William  was  highly  satisfied  that  Annandale  had  dealt  so  plainly  with 
the  queen,  and  how  providentially  he  had  come  in  "  why  11  both  the  other 
two,  who  made  much  grater  professions,  have  plaid  the  rogue." 2  In  another 
letter  he  expressed  the  hope  that  Lord  Melvill  was  satisfied  "  of  this  man's 
ingenuitie,"  and  that  he  had  expressed  his  sense  of  the  villainy  he  had  been 
guilty  of,  that  it  left  impressions  on  those  who  heard  it.     During  this  trying 

1  Dated  14th  August  1690,  Leven  and  Melvill  Papers,  pp.  506-512. 

2  Lockhart  to  Melvill,  August  1690,  Ibid.  p.  515. 


cclxxii        WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

time  for  Annandale,  Melvill,  as  commissioner,  had  shown  so  much  considera- 
tion for  his  lordship  that  the  latter  wrote  a  grateful  letter  expressing  his 
belief  that  he  owed  his  being  in  so  good  circumstances  to  his  Grace,  and 
assuring  him  he  should  ever  retain  a  suitable  sense  of  so  great  a  favour.1 

The  question  of  making  further  discoveries  about  the  plot  continued  to 
engross  attention  some  time  longer,  even  after  the  king's  return  from  Ireland. 
Sir  James  Montgomerie  had  an  interview  with  the  queen.  His  information 
was  meagre  and  unsatisfactory ;  and  he  afterwards  made  his  escape  to 
France.  Lord  Eoss  was  sent  to  the  tower  of  London  and  liberated  without 
any  prosecution.  Annandale  was  not  proceeded  against  for  his  share  in  the 
plot.  He  was  less  guilty  than  his  associates,  and  had  made  atonement  by 
his  ingenuous  confession.  Annandale  now  avoided  all  public  communi- 
cation with  the  plotters  or  Jacobites,  and  became  perfectly  loyal  to  King 
William's  government.  A  good  deal  of  the  summer  of  1691  he  spent  at 
Bath,  and  afterwards  retired  to  his  old  tower  of  Lochwood,  where  he  was 
only  conversant  with  his  papers  and  private  business.  He  wrote  thence 
in  October  1692  congratulating  King  William's  return  to  England,  and 
saying  he  would  ever  be  ready  to  sacrifice  for  his  interest  that  life  and 
fortune  "  which  in  a  speciall  maner  I  hold  of  their  Majesties."  2  Annandale 
was  too  important  and  influential  a  nobleman  to  continue  spending  his 
time  over  his  private  family  muniments  and  the  routine  business  incident 
to  a  country  gentleman.  In  the  next  chapter  we  shall  find  that  he 
emerged  from  his  voluntary  retirement  in  his  native  dale,  and  took  an 
active  and  prominent  part  in  the  public  offices  and  business  of  the  nation. 

1  Annandale  to  Melvill,  20th  August  1690,  Leven  and  Melvill  Papers,  p.  495. 

2  Vol.  ii.  of  this  work,  p.  55. 


REMISSION  BY  KING  WILLIAM  THE  THIRD,   1690.  cclxxiii 

CHAPTER  THIRD. 

Made  a  member  of  the  Privy  Council  and  an  extraordinary  Lord  of  Session,  1693 — Death  of 
Queen  Mary,  1694 — Chosen  president  of  the  Council,  1694 — Presides  in  parliament  and 
on  incpuiry  under  a  royal  commission  as  to  the  massacre  of  the  Macdonalds  of  Glencoe, 
1695 — Marriage  of  Lady  Henrietta  Johnstone,  1699 — The  Darien  Scheme,  1699 — 
Commissioner  to  the  General  Assembly,  1701 — Created  Marquis  of  Annandale,  1701 — 
Death  of  King  William,  8th  March  1702— Character  of  Annandale  by  King  William. 

Escaping  from  the  intrigues  into  which  he  was  unfortunately  involved 
for  the  restoration  of  King  James  the  Seventh,  we  now  enter  upon  a  more 
prosperous  chapter  in  the  career  of  the  young  earl.  His  political  offence 
was  amply  forgiven  by  King  William  by  a  formal  remission  dated  9th 
December  1690  and  registered  in  1693.1  Annandale  was  now  in  his  twenty- 
eighth  year,  and  soon  entered  upon  a  course  of  prosperity  under  King- 
William. 

A  cadet  of  the  house  of  Johnstone  had  by  his  talents  raised  himself 
to  a  position  of  influence  in  the  service  of  the  king.  This  was  James 
Johnstone,  second  son  of  Archibald  Johnstone  of  Warriston,  who  was  a 
prominent  figure  and  leader  among  the  covenanters.  James  Johnstone  was 
known  as  of  Twickenham  in  the  county  of  Middlesex.  On  the  accession  of 
King  William,  he  was  sent  ambassador  to  the  Elector  of  Brandenburg. 
Later,  he  was  recalled,  made  secretary  for  Scotland,  probably  in  1692,  as,  in  a 
letter  to  Annandale  which  he  wrote  in  1695,  he  says  he  had  been  in  office  as 
secretary  for  three  years'  time.  He  held  the  office  for  four  years.  He  was 
afterwards  appointed  lord  clerk  register  of  Scotland  by  Queen  Anne  in  1704, 
an  office  which  his  father  held  for  nearly  ten  years  from  1649.  John  Macky 
in  his  "Memoirs  of  Secret  Services,"  1733,  held  Secretary  Johnstone  in  high 
regard  for  his  honesty,  veracity,  learning  and  virtue.  He  says,  "  he  would  not 
tell  a  lye  for  the  world,"  adding,  that  he  was  a  tall  fair  man  and  towards  fifty 
years  of  age.2 

1  Quoted  in  List  of  the  earl's  patents,  commissions,  etc.,  in  Annandale  Charter-chest. 

2  Macky,  pp.  204-20G ;  vol.  ii.  of  this  work,  pp.  93,  94. 

VOL.  I.  2  M 


cclxxiv      WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,   1672-1721. 

Annandale  and  his  distinguished  Johnstone  cadet  hecame  very  intimate 
friends  about  the  time  that  James  Johnstone  was  appointed  secretary  for 
Scotland.  The  cadet  seemed  proud  of  his  chief,  and  the  chief  seemed  equally 
proud  of  his  cadet,  who  used  his  personal  influence  to  bring  the  earl  into  the 
government  of  Scotland.  The  correspondence  between  these  two  Johnstone 
friends  was  close  and  intimate.  Many  letters  of  the  secretary  to  Annandale 
have  been  preserved,  and  a  selection  of  them  appears  in  the  second  volume 
of  this  work.  These  will  show  the  confidential  terms  in  which  they 
stood  to  each  other.  In  a  letter  from  Mr.  Fairholm  of  Craigiehall,  dated 
Westminster,  1st  December  1692,  to  his  son-in-law,  Annandale,  he 
explains  that  he  was  then  in  close  communication  with  Secretary  Johnstone, 
from  whom  he  learned  that  "  there  were  great  things  on  the  wheels,"  and 
that  the  secretary  was  going  to  Kensington  with  many  papers,  being  near 
the  close  of  his  waiting,  and  his  head  full  of  business.  "  He,  his  brother, 
and  his  men,  this  moneth  bygone,  lies  beene  wryting  everie  day  betwixt  four 
and  five  in  the  morneing,  and  just  now  we  hear  he  hes  not  now  at  seven 
o'clock  put  on  his  cloathes."  "  He  has  a  hand  in  all  things  now  of  con- 
sequence, and  rises  daily."1  Much  of  the  correspondence  of  James  the 
secretary  was  conducted  by  his  brother  Alexander,  his  assistant  in  his  office 
as  secretary,  who  was  the  medium  of  intimating  to  Annandale  that  he  was 
appointed  a... member  of  the  privy  council  and  an  extraordinary  lord  of 
session.  The  tone  of  Alexander  Johnstone's  letter  to  the  earl  shows  his  own 
personal  satisfaction  with  the  success  of  his  chief.  He  writes  :  "  The  prize  is 
wone.  The  tyde  is  turned.  Yourself  is  in  councell  and  one  of  the  extra- 
ordinary lords  of  session  too,  and  this  is  but,  I  hope,  only  an  earnest  of 
what  will  follow  for  your  advantage."  He  urges  the  earl  to  hasten  to  Edin- 
burgh to  take  possession  of  these  posts  in  so  critical  a  time,  and  to  make 
himself  useful  if  not  necessary  to  the  government  for  the  future.2    To  this 

1  Vol.  ii.  of  this  work,  p.  56. 

2  Letter,  2d  February  1693,  ibid.  \\  57. 


MADE  A  PRIVY  COUNCILLOR  AND  LORD  OF  SESSION,   1693.         cclxxv 

letter  Annandale  made  a  suitable  acknowledgment.  Chancellor  Tweeddale 
also  wrote  his  lordship  promising  him  a  welcome  at  the  council 
board. 1 

The  fourth  session  of  the  first  parliament  of  King  William  and  Queen 
Mary  was  begun  at  Edinburgh  on  the  18th  of  April  1693.  William, 
Duke  of  Hamilton,  was  commissioner.  The  act  for  taking  the  oath  of 
allegiance  and  assurance  was  passed  on  19th  May  1693  in  favour  of  King 
William  and  Queen  Mary,  as  the  only  lawful  sovereigns  of  the  realm,  and 
to  maintain  their  title  against  the  late  King  James.  The  oath  of  allegiance 
was  also  ordered  to  be  taken  by  all  noblemen,  members  of  parliament,  and 
persons  in  public  trust.2 

Both  in  and  out  of  the  parliament,  Annandale  gave  proof  of  his  zeal  for 
the  government,  which  Lord  Carmichael,  the  lord  justice-clerk,  and  others 
reported  to  the  king,  on  their  return  to  London.  He  succeeded  in 
apprehending  a  Jacobite  emissary  named  Stanke,  and  exerted  himself  to 
apprehend  others  on  a  like  mission  to  the  Borders.3  By  these  and  other 
measures  Annandale  exposed  himself  to  the  malice  of  the  Jacobites.  He  writes, 
"  I  have  rendered  myself  the  most  obnoxious  man  in  the  nation  to  there  malice 
and  envie." 4  The  privy  council  having  under  their  consideration  the  case  of 
the  Bass  men,  who  had  held  out  the  fortalice  for  King  James,  the  question  came 
to  be,  Beprieve  or  not  1  Lord  Cassillis  argued  the  commission  of  King  James 
as  a  ground  for  reprieving  the  prisoners.  When  the  question  came  to  the  vote, 
Annandale  was  the  first  that  voted,  Not.  By  the  chancellor's  casting  vote,  it 
was  carried  for  reprieve  to  the  first  Friday  of  May.  The  council  then  took 
the  prisoners'  petition  into  consideration,  and  resolved  to  set  them  all  at 
liberty  on  bond.     Annandale  writes  :  "  When  they  came  to  this,  Sir  Thomas 


1  Letter,  5th  February  1693,  vol.  ii.  of  thia  3  Alexander  Johnstone  to  the  Earl,  15th 
work,  p.  58.  February  1694,  vol.  ii.  of  this  work,  p.  68. 

2  Acts  of  the   Parliaments   of    Scotland,  4  Letter  to  James  Johnstone,  March  1694, 
vol.  ix.  pp.  238,  262-264.  ibid.  p.  72. 


cclxxvi       WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

Livingston  and  I  went  to  the  door,  so  that  wee  were  not  actors  in  it." 1  From 
his  letters  at  this  period,  it  will  be  found  that  Annandale  took  a  lively  interest 
both  in  the  civil  and  ecclesiastical  affairs  in  progress,  especially  in  the  proceed- 
ings of  the  Assembly.  Mr.  Carstares,  when  in  Edinburgh,  dined  with  him  and 
professed  great  friendship.2  At  the  end  of  the  year  1694,  Annandale  received 
from  the  council  the  nomination  to  be  their  president.  Secretary  Johnstone 
congratulated  him  upon  the  honour,  and  advised  him  to  write  a  letter  of  thanks 
to  Lord  Portland,  and  "  not  to  mince  the  matter  of  the  fatal  step  you  made." 3 
The  secretary,  on  the  king's  order,  wrote  that  he  was  very  well  satisfied  with 
the  council's  choice,  but  that  he  did  not  write  this  in  a  public  letter,  because 
he  was  informed  there  was  a  point  of  right  in  it,  and  he  had  not  yet  heard  the 
case.4  Following  the  counsel  of  the  secretary,  Annandale  wrote  to  Lord 
Portland  lamenting  the  "  unjustifiable  and  false  step "  he  made  some  years 
previous,  which  lost  him  his  lordship's  favour  and  that  of  their  Majesties ; 
that  he  had  never  sought  to  extenuate  his  guilt  as  others  had  done  ;  but 
had  separated  himself  from  those  who  were  then  associated  with  him.  He 
also  craved  his  lordship's  commands,  as  the  council  had  asked  him  to  preside 
till  the  king's  pleasure  was  known.5  To  this  letter  Portland  returned 
him  a  courteous  answer.6 

On  28th  December  1694,  at  one  o'clock  in  the  morning,  Queen  Mary 
died.  In  a  letter  of  that  date,  Mr.  Secretary  Johnstone  describes  to 
Annandale  the  last  moments  of  the  queen,  and  the  king's  inexpressible  grief. 
He  says,  "  Lord  Portland  and  the  archbishop  upon  her  death  carried  him 
to  his  own  room,  but  he  sleeps  none.  The  queen  said  all  along  that  she 
believed  she  was  dying.     She  had  her  senses  to  the  last.     She  received  the 


1  The  Earl  to  the  Secretary  of  State,  5th  3  The  Secretary  to  the  Earl,  6th  December 
April  1694,  vol.  ii.  of  this  work,  pp.  72,  73.        1694,  ibid.  pp.  79,  SO. 

4  11th  December  1694,  ibid.  p.  S2. 

2  Letter,  the  same  to  the  same,  17th  and  5  Letter,  December  1694,  ibid.  p.  84. 
ISth  April  1694,  ibid.  p.  75.                                         e  ^jth  March  1695,  ibid.  p.  103. 


PRESIDES  IN  PARLIAMENT,   1695.  cclxxvii 

sacrament,  and  told  the  archbishop  that  she  had  always  been  against  trusting 
to  deathbed  repentance,  and  therefore  had  nothing  to  do.  The  king  says  that 
she  never  offended  him  during  their  seventeen  years'  married  life." a 

As  president  of  the  council,  Annandale  prepared  and  signed,  with  other 
members,  an  address  to  the  king  on  the  death  of  his  consort.2  The  address 
was  delivered  by  the  Marquis  of  Tweeddale,  chancellor,  and  the  king  said  he 
would  answer  it,  which  was  all  he  could  do  at  the  time.  The  chancellor  took 
the  opportunity  to  speak  of  the  necessity  of  the  king's  approbation  of  the 
council's  choice  of  president,  which  thereafter  was  signed  late  at  night  and 
despatched  by  the  secretary.3  The  letter  of  the  king  to  the  council,  which 
is  printed  in  this  work,4  approves  the  nomination  of  Annandale  to  preside  in 
the  council  during  the  chancellor's  absence,  or  till  the  king's  further  pleasure. 

The  fifth  session  of  the  first  parliament  of  King  William  was  opened 
at  Edinburgh  on  9th  May  1695.  John,  Earl  of  Tweeddale,  lord  chancellor, 
who  was  commissioner,  by  the  king's  command  appointed  Annandale  to  be 
president  of  the  parliament.  The  earl  thereupon  took  his  place  and  swore 
the  oath  of  allegiance  and  oath  of  parliament,  and  subscribed  the  allegiance 
and  assurance.  After  the  king's  letter  to  the  parliament  was  presented  by 
the  commissioner  and  read,  the  Marquis  of  Tweeddale  made  a  speech  to  the 
parliament,  and  after  he  had  concluded,  Annandale,  as  lord  president,  fol- 
lowed with  a  speech  of  considerable  length.  He  began  by  saying  that  it  was 
a  great  and  undeserved  honour  that  he  had  his  Majesty's  commands  to 
preside  in  that  session  of  parliament,  for  he  knew  well  his  own  insufficiency 
to  discharge  so  important  a  trust,  "  but  duty  calls,  and  I  must  obey."  He 
refers,  among  other  things,  to  the  king's  exposing  his  person  to  the  dangers 
of  war,  to  his  assurances  to  maintain  the  presbyterian  government  of  the 


1  Letter,  28th  December  1694,  vol.  ii.  of  this  work,  pp.  88,  89. 

2  Ibid.  p.  90. 

3  The  Chancellor  to  the  Earl,  15th  January  1695,  ibid,  p,  92. 

4  Court  at  Kensington,  12th  January  1695,  ibid.  p.  IS 


cclxxviii      WILLIAM,  FIRST  MARQUIS  OF  ANNANBALE,  1672-1721. 

church,  and  to  the  sad  and  irreparable  loss  which  they  had  sustained  of  the 
best  of  queens,  ending  with  the  following  peroration : — 

"And  as  we  ought  to  give  him  (the  king)  all  the  assurances  imaginable  that 
we  will  effectually  maintain  and  support  his  interest  and  government  against  all 
his  enemies,  so,  when  we  put  a  just  value  upon  so  great  a  blessing,  it  may  be  a 
prevailing  means  with  God  to  continue  him  long  and  prosperously  with  us." 

Annandale's  speech,  along  with  that  of  the  commissioner,  was  ordered  by 
parliament  to  be  printed,  and  they  both  appear  in  the  printed  minutes  of 
parliament.1 

At  the  early  hour  of  five  o'clock  on  the  morning  of  the  13th  of  the  wintry 
month  of  February  1692  a  tragedy  occurred  in  the  gloomiest  of  all  the 
Highland  glens  of  Scotland.  This  tragedy  came  to  be  known  in  history  as 
the  "  Massacre  of  Glencoe."  The  slaughter  included  old  men,  and  even  women 
and  children,  of  the  Clan  Macdonald.  Owing  to  the  suddenness,  secrecy,  and 
treachery  with  which  the  military  butchery  of  this  clan  was  committed,  as 
well  as  to  the  remoteness  and  seclusion  of  the  glen  and  its  inhabitants,  and 
the  consequent  slow  communication  which  passed  between  the  glen  and  the 
outer  world,2  considerable  time  elapsed  before  the  incredible  reports  of  the 
massacre  came  to  be  believed.  But  at  length  the  startling  facts  became 
known,  and  were  made  a  handle  of  against  King  "William  and  his  government 
as  atrocities  greater  than  any  committed  under  the  Stewart  kings.  The 
murmurs  of  the  people,  both  in  Scotland  and  England,  and  even  in  France, 
were  so  pronounced,  that  King  William  and  his  government  found  it  neces- 
sary for  their  own  vindication  to  institute  an  inquiry  into  the  circumstances 
which  attended  the  tragedy.  That  inquiry  was  instituted  in  1693.  But  the 
result  of  it  was  unsatisfactory,  and  two  years  later  a  more  comprehensive 
and  practical  commission  was  appointed  by  King  William,  under  the  great 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  ix.  pp.  347,  350,  351  ;  Appendix,  pp.  95,  96. 

2  Glencoe  is  in  the  district  of  Lome,  in  the  united  parishes  of  Lismore  and  Appin,  in  the 
county  of  Argyll. 


COMMISSION  ON  MASSACRE  OF  GLENCOE,   1G95.  cclxxix 

seal,  on  29th  April  1695.1  The  new  commissioners  were  a  body  of  experi- 
enced and  competent  noblemen  and  gentlemen,  nine  in  number,  namely, 
John,  Marquis  of  Tweeddale,  lord  chancellor ;  William,  Earl  of  Annandale ; 
John,  Lord  Murray ;  Sir  James  Steuart,  lord  advocate ;  three  senators  of  the 
college  of  justice,  being  Adam  Cockburn  of  Ormistoun,  lord  justice-clerk, 
Archibald  Hope  of  Eankeillour,  Sir  William  Hamilton  of  Whitelaw  ;  and 
also  Sir  James  Ogilvie,  solicitor-general,  and  Adam  Drummond  of  Megginch. 
The  commissioners  were  empowered  to  make  inquisition  into  the  mode  of  the 
slaughter,  and  the  authority  by  which  it  was  committed.  They  were  also 
empowered  to  call  for  all  warrants  or  instructions  which  had  been  granted 
thereanent,  and  to  examine  all  persons  connected  therewith. 

Although  Lord  Chancellor  Tweeddale  was  formally  at  the  head  of  the 
commission,  the  business  connected  with  it  was  conducted  by  the  Earl  of 
Annandale  as  president  of  the  parliament ;  and  it  is  owing  to  his  connection 
with  that  special  inquiry  that  notice  requires  to  be  taken  of  it  in  his  memoir. 
The  parliament  unanimously  thanked  the  king  for  ordering  such  an  inquiry, 
whereby  the  honour  and  justice  of  the  nation  might  be  vindicated.2 

The  commissioners  commenced  the  prosecution  of  their  labours  soon  after 
the  date  of  their  commission,  and  although  they  had  many  difficulties  in 
obtaining  the  attendance  of  witnesses  and  recovering  the  correspondence, 
warrants,  and  other  papers  connected  with  the  massacre,  they  prepared  a 
report,  which  they  transmitted  to  the  king  on  20th  June  1695.  The  report 
is  a  full  and  exhaustive  one,  extending  to  18  quarto  pages  of  print.3     The 


1  Acts  of  the  Parliaments  of  Scotland,  had  completed  their  report,  Mr.  Hew  Dal- 
vol.  ix.,  Appendix,  p.  98;  also  Papers  relating  rymple,  advocate,  brother  of  Secretary  Dal- 
to  the  Highlands  of  Scotland,  Maitland  Club,  rymple,  printed  a  pamphlet  in  his  vindication 
1845,  pp.  97,  98.  and  against  the  commissioners.     The  author 

2  Acts  of  the  Parliaments  of  Scotland,  had  to  apologise,  and  his  pamphlet  was  pro- 
vol.  ix.,  Appendix,  p.  9S.  nounced  by  the  parliament  to  be  false  and 

3  Papers  relating  to  the  Highlands,  ut  calumnious.  [Acts  of  the  Parliaments  of 
supra,  pp.  99-116.     Before  the  commissioners  Scotland,  vol.  ix.,  Appendix,  p.  9S.] 


cclxxx        WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,   1672-1721. 

commissioners  reduce  their  findings  to  four  general  heads — the  fourth  of  which, 
as  it  decides  where  the  responsibility  for  the  massacre  lay,  is  here  given : — 

"Fourthly,  that  Secretary  Stair's  letters,  especially  that  of  the  11th  of 
January  1692,  in  which  he  rejoyces  to  hear  that  Glenco  had  not  taken  the  oath, 
and  that  of  the  16th  of  January  of  the  same  date  with  the  king's  additional 
instructions,  and  that  of  the  30th  of  the  same  month,  were  no  ways  warranted, 
but  quite  exceeded  the  king's  foresaid  instructions ;  since  the  said  letters,  without 
any  insinuation  of  any  method  to  be  taken  that  might  well  separate  the  Glenco- 
men  from  the  rest,  did,  in  place  of  prescribing  a  vindication  of  publick  justice, 
order  them  to  be  cut  off  and  rooted  out  in  earnest,  and  to  purpose,  and  that 
suddenly,  and  secretly,  and  quietly,  and  all  on  a  sudden ;  which  are  the  express 
terms  of  the  said  letters ;  and,  comparing  them  and  the  other  letters  with  what 
ensued,  appear  to  have  been  the  only  warrant  and  cause  of  their  slaughter  which 
in  effect,  was  a  barbarous  murder,  perpetrated  by  the  persons  depon'd  against." 1 

After  transmitting  the  report  to  the  king,  as  it  had  been  urgently  re- 
quired for  their  information,  parliament  continued  their  inquiries.  On  10th 
July  1695  they  sent  an  address  to  the  king.  It  was  signed  by  the  Earl  of 
Annandale  as  president.  The  address  repeated  the  words  of  the  report  by 
the  commissioners  that  the  killing  of  the  Glencoe  men  was  as  unwarrantable 
as  the  manner  of  doing  it  was  barbarous  and  inhuman.2 

The  principal  persons  connected  with  the  slaughter  of  the  Macdonalds 
were  ten  in  number : — 

(1)  Sir  John  Dalrymple,  Master  of  Stair,  joint-secretary  of  state  for  Scot- 
land, who  wrote  the  instructions  by  the  king.  The  address  to  the  king 
blames  the  secretary  as  the  chief  cause  of  the  slaughter. 

(2)  Sir  Thomas  Livingstone,  commander-in-chief  of  the  forces  in  Scotland. 
The  parliament,  in  their  address  to  the  king,  referred  to  the  instructions 
which  Secretary  Dalrymple  transmitted  to  Sir  Thomas.  But  they  do  not 
blame  or  justify  the  commander. 

1  Papers  relating  to  the  Highlands,  p.  115. 

2  Acts  of  the  Parliaments  of  Scotland,  vol.  ix.  p.  424. 


PERSONS  CONCERNED  IN  THE  MASSACRE.  cclxxxi 

(3)  Colonel  John  Hill,  governor  of  Fort  William,  who  also  received 
instructions  from  the  secretary.  The  parliament  decided  unanimously  that 
Colonel  John  Hill  was  clear  and  free  of  the  slaughter  of  the  Glencoe  men. 

(4)  Lieutenant-Colonel  James  Hamilton,  who  was  told  off  by  Colonel 
Hill  with  soldiers  for  Glencoe. 

(5)  Major  Eobert  Duncanson,  commanding  Lord  Argyll's  regiment.  At 
the  time  of  the  inquiry,  in  1G95,  he  was  in  Flanders,  and  the  parliament 
had  no  access  to  the  orders  which  he  issued.  Their  address  to  the  king 
recommended  that  he  should  be  examined  in  Flanders  and  sent  home  for 
prosecution.1 

(6)  Captain  Eobert  Campbell  of  Glenlyon,  of  Lord  Argyll's  regiment. 

(7)  Captain  Drummond. 

(8-9)  Lieutenant  Lindsay  and  Ensign  Lindsay.  These  two  were  of  the 
same  regiment  as  Captain  Campbell. 

(10)  Sergeant  Barbour. 

Of  all  these  military  men  who  were  connected  with  the  massacre  of 
Glencoe,  Colonel  John  Hill,  the  governor  of  Fort  William,  is  the  only  officer 
who  is  "cleared"  or  exculpated  in  the  report  by  the  commissiouers  and 
parliament  of  the  "  barbarous  murder ; "  all  the  other  officers  are  directly 
blamed,  and  appear  to  have  escaped  punishment  either  by  absconding  from 
justice,  or  by  being  engaged  at  the  time  in  active  military  service  in  Flanders. 

After  the  report  of  the  commissioners  was  transmitted  to  the  king  on 
20th  June  1695,  Annandale,  as  president  of  the  parliament,  issued  a  warrant 
to  cite  Lieutenant-Colonel  James  Hamilton  to  appear  before  parliament. 
Upon  his  non-appearance  he  subscribed  another  warrant  for  his  apprehension, 
and  to  have  him  denounced  a  rebel.2    Thereafter  parliament,  from  the  infor- 

1  Mr.  Hill  Burton  states  that  at  the  period  instructions    for    the    massacre.      [History, 

of   the  massacre  a  Robert   Duncanson  was  vol.  i.  p.  1G5,  note.] 

procurator-fiscal  of  the  justiciary  of  Argyll,  2  Minutes  of  Parliament,  2d,  4th,  and  8th 

and  that  this  was  probably  the  same  person  July  1695,  vol.  ix.,  Appendix,  pp.   110,  117, 

who,  as  a  major  in  the  regiment,  issued  the  119. 

VOL.  I.  2  N 


cckxxii      WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

mafciou  before  them,  declared  him  to  he  implicated  in  the  murder  of  the 
Glencoe  men,  and  that  there  was  ground  to  prosecute  him. 

Although  the  colonel  was  in  Edinburgh  at  the  time  of  his  citation,  he  was 
so  conscious  of  his  danger,  if  not  also  of  his  guilt,  that  he  declined  to  face  the 
court  of  inquiry  into  his  conduct.  His  letter  to  Annandale  excusing  himself 
therefor  is  still  preserved  in  the  Annandale  charter-chest,  and  is  printed  in 
this  work  for  the  first  time.1  Parliament  next  agreed  that  the  king  should 
be  addressed  to  send  home  from  Flanders  for  prosecution  Captain  Drummond, 
Captain  Campbell  of  Glenlyon,  and  Adjutant  Lindsay  and  others. 

This  disposed  of  all  the  military  officers  concerned  in  the  Glencoe  massacre, 
and  there  only  remained  the  question  of  the  guilt  of  Sir  John  Dalrymple. 
Apart  from  the  formal  warrants,  which  he  obtained  from  the  king,  his  private 
letters  to  Sir  Thomas  Livingstone  and  others,  which  breathe  fierce  expressions 
against  the  Glencoe  men,  and  give  instructions  "  to  be  exact  in  rooting  out 
that  damnable  sect,  the  worst  in  all  the  Highlands,"  plainly  show  his  keen 
desire  to  have  them  extirpated.2  The  subordinate  military  officers  took  their 
cue  from  the  determined  spirit  of  extirpation  shown  by  Dalrymple. 

Mr.  Hill  Burton's  History  of  Scotland  was  published  in  1853.  He 
explains  that  after  his  account  of  Glencoe  was  printed,  he  was  permitted  to 
inspect  a  collection  of  papers  in  the  charter-chest  of  Lord  Breadalbane  having 
general  reference  to  the  date  of  the  massacre  of  Glencoe.  He  states  that  the 
letters  of  Breadalbane,  Dalrymple,  and  one  or  two  others  in  the  secret,  have  a 
very  "  fiendish  appearance."  They  speak  about  mauling  the  men  of  Glencoe 
in  the  cold,  long  nights,  when  they  cannot  live  on  the  mountains  ;  about  not 
troubling  the  government  with  prisoners ;  about  seeing  that  the  old  fox  and 
his  cubs  do  not  escape,  and  about  striking  the  blow  silently  and  secretly, 
otherwise  the  victims  may  flee  to  the  mountains,  and  the  like. 

Blame  has  been  frequently  thrown  upon  King  William  because  his  formal 
instructions  to  Sir  Thomas  Livingstone,  commander-in-chief  of  the  forces  in 

1  Vol.  ii.  of  this  work,  p.  118.  2  Papers  regarding  the  Highlands,  p.  62. 


THE  INSTRUCTIONS  OF  THE  KING  ABOUT  GLENCOE.         celxxxiii 

Scotland,  to  carry  out  the  military  executions  against  Glencoe  were  both 
"  superscribed  "  and  "  subscribed  "  by  him.  On  11th  January  1692,  Sir  John 
Dalrymple,  in  a  relative  letter  of  that  date,  specially  draws  the  attention  of 
Sir  Thomas  Livingstone  to  this  feature  of  the  royal  warrant,  evidently  for  the 
purpose  of  possessing  him  with  an  idea  of  the  strong  desire  of  the  king  to 
have  the  military  executions  carried  out  with  rigour  and  zeal.  This  feature 
of  the  royal  warrant  and  the  pointed  reference  to  it  by  the  Master  of  Stair, 
whatever  effect  it  had  upon  Sir  Thomas  Livingstone,  has  undoubtedly  con- 
veyed the  deep  impression  to  subsequent  historians  and  to  the  public  gener- 
ally, desired  by  the  secretary  of  state,  namely,  an  impression  of  the  king's 
determination  to  root  out  the  Highland  rebels.  Sir  Walter  Scott,  who  de- 
scribes the  massacre  with  much  detail,  gives  expression  to  this  common 
belief.     He  observes : — 

"  It  is  remarkable  that  these  fatal  instructions  are  both  superscribed  and  sub- 
scribed by  the  king  himself,  whereas  in  most  state  papers  the  sovereign  only 
superscribes,  and  they  are  countersigned  by  the  secretary  of  state,  who  is  answer- 
able for  their  tenor."  1 

Great  injustice  has  been  done  to  King  William  by  the  misrepresentation  of 
the  facts  on  this  particular  point.  The  king  did  not,  as  has  been  supposed, 
depart  in  the  least  from  the  course  which  he  usually  followed  in  subscribing 
royal  warrants  and  instructions  when  he  superscribed  and  sub-initialed  his 
instructions  to  Sir  Thomas  Livingstone  on  11th  January  1692,  and  also  his 
additional  instructions  to  him  on  the  16th  of  the  same  month.  The  prac- 
tice of  the  sovereigns  of  England  was  to  superscribe  all  royal  warrants.  On 
the  other  hand,  that  of  the  sovereigns  of  Scotland  was  to  subscribe  them. 
King  James  the  Sixth,  after  his  accession  to  the  throne  of  England,  King 
Charles  the  Eirst,  and  King  Charles  the  Second  all  followed  the  English 
practice  of  superscribing  warrants.     King  William  followed  the  same  course 

1  Tales  of  a  Grandfather,  1S29,  vol.  iii.  p.  213. 


Cclxxxiv      WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

of  superscribing  his  name  in  full,  but  also  very  commonly  with  the  addition 
of  writing  his  initials  of  "  W.  E."  at  the  foot  of  the  warrant.  The  Earl  of 
Melvill,  the  first  secretary  of  state  for  Scotland  under  William,  received  many 
warrants  and  instructions  under  the  hand  of  the  king,  bearing  his  full  name 
"  William  E."  superscribed  at  the  top  and  his  initials  "  W.  E."  at  the  foot. 
Occasionally  when  the  king  superscribed  in  full,  and  did  not  add  his  initials 
at  the  foot  of  the  warrant,  the  secretary  of  state  subscribed  his  name  in 
place  of  the  royal  initials.  Many  examples  of  warrants  so  superscribed  and 
initialed  by  the  king  to  Major-General  Hugh  Mackay,  his  commander-in-chief 
in  Scotland,  and  others  have  been  recently  printed  for  the  first  time,  and 
bear  out  what  has  now  been  stated.1  King  William,  on  18th  December 
1689,  granted  a  warrant  to  the  Earl  of  Leven  and  Major-General  Mackay  for 
raising  new  regiments.  That  warrant  is  superscribed  by  King  William  and 
countersigned  by  Lord  Melville.2  The  king,  on  the  same  date,  issued 
separate  instructions  to  Leven  and  Mackay  containing  sixteen  heads  about 
these  regiments.  The  instructions  are  superscribed  "  William  E.  "  and  sub- 
initialed  "W.  E,"3  Additional  instructions  in  regard  to  the  forces  were 
issued  by  the  king  on  4th  January  1690.4  These  are  superscribed 
"William  E."  and  countersigned  "Melvill."  Two  papers,  one  containing 
remarks  by  King  William  as  to  church-government  in  Scotland,  and  the 
other  sending  these  to  the  Earl  of  Melville,  both  dated  22d  May  1690, 
are  respectively  superscribed  "  William  E."  and  sub-initialed  "  W.  E." 5 
In  the  month  of  February  1690  a  warrant  was  granted  by  the  king  to 
Mackay  as  commander-in-chief  to  apprehend  certain  persons  suspected 
of  treasonable  practices.  That  warrant  is  superscribed  "  William  E."  and 
sub-initialed  "  W.  E." 6  The  following  is  a  copy  of  the  document,  including 
the  facsimiles  of  the  king's  superscription  and  sub-initials : — 

1  The  Melvilles,  Earls  of  Melville,  1S90,  vol.  ii.  pp.  37-4S,  et  seq. 

2  Ibid.  pp.  37,  38.  3  Ibid.  pp.  3S,  39.  *  Ibid.  pp.  40,  41. 
6  Ibid.  pp.  44-4C.  6  Ibid.  p.  41. 


KING  WILLIAM  SUPERSCRIBES  AND  SUB-INITIALS.  cclxxxv 


"  You  are  to  take  and  apprehend  any  person  or  persons  that  shall  be  given  up 
to  you  in  a  list  sign'd  by  our  right  trusty  and  well-beloved  cousen  and  counsellour, 
George,  Lord  Melvill,  as  practisers  against  the  government,  and  keep  them 
prisoners  till  you  deliver  them  to  the  governour  or  deputy  governour  of  the 
castle  of  Edinburgh,  or  of  any  other  our  castles,  and  this  shall  be  your  warrant. 
Given  under  our  royall  hand  and  seall  at  our  court  at  Kensingtoun,  the 
day  of  February  1 &f&,  and  of  our  reigne  the  first  year. 

For  Major  Generall  Mackay,  Commander-in-chief  of  our  forces  in  Scotland." 


Additional  instructions  were  issued  by  the  king  to  General  Mackay  in 
reference  to  that  warrant,1  which  are  superscribed  "  William  R"  and  sub- 
initialed  "  W.  E."  in  the  usual  way. 

Bishop  Burnet,  who  was  on  intimate  terms  of  friendship  with  King 
William,  and  was  familiar  with  his  mode  of  transacting  official  business, 
states  that  the  king  signed  the  two  warrants  prepared  by  Secretary  Dalrymple 
against  the  Glencoe  men  without  any  inquiry,  for,  he  adds,  he  was  too  apt 
to  sign  papers  in  a  hurry,  without  examining  their  importance.  This  was 
one  effect  of  his  slowness  in  despatching  business,  by  which  he  suffered 
things  to  run  on  till  there  was  a  great  heap  of  papers  before  him,  when  he 
signed  them  too  precipitately.     The  bishop  alleges  that  Dalrymple  obtained 

1  The  Melvilles,  Earls  of  Melville,  1890,  vol.  ii.  p.  42. 


cclxxxvi     WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,   1672-1721. 

the  superscribing  and  subscribing  of  the  king,  instead  of  countersigning  him- 
self as  secretary,  that  he  might  escape  the  odium  of  the  murder  and  throw  it 
upon  the  king.1 

The  first  Lord  Balmerino  was  secretary  of  state  to  King  James  the  Sixth 
from  the  year  1598.  In  the  following  year  he  obtained  the  signature  of  the 
king  to  a  letter  to  the  Pope,  asking  for  a  cardinal's  hat  for  a  friend,  and 
praising  the  Pope  and  the  Catholic  religion.  The  letter  was  placed  among 
other  papers  waiting  the  royal  sign-manual.  In  this  way  the  king's  signature 
was  surreptitiously  obtained.  When  the  transaction  was  discovered  in  1608, 
the  secretary  was  tried  for  treason,  found  guilty,  and  sentence  pronounced 
that  he  should  be  beheaded,  quartered,  and  denounced  as  a  traitor.  But 
the  sentence  was  not  carried  into  execution,  and  the  erring  secretary  was 
afterwards  pardoned.  It  was  lucky  for  Secretary  Dalrymple  that  he  had 
William  as  his  master  rather  than  the  implacable  James.  Burnet  says  "  that 
the  king's  gentleness  prevailed  on  him  to  a  fault,  and  that  he  contented 
himself  with  dismissing  the  Master  of  Stair  from  his  service." 2 

In  the  light  of  these  facts,  no  inference  hurtful  to  the  name  of  King 
William  can  be  deduced  from  the  circumstance  that  he  superscribed  and 
sub-initialed  his  instructions  for  the  military  execution  of  the  Macdonalds 
and  others.  The  form  in  which  these  instructions  were  signed  by  him 
was  the  usual  one  in  which  he  authenticated  royal  warrants  and  instructions. 

Historians  who  have  written  since  the  slaughter  of  Glencoe  have  treated 
the  subject  largely  and  gravely.  Lord  Macaulay,  in  his  great  History,  pub- 
lished in  1855,  entered  into  the  minutest  details  of  the  massacre.  His 
graphic  account  of  the  murder  of  old  Glencoe  and  the  women  and  children 
excites  a  thrill  of  horror  at  what  the  author  calls  the  "  bloody  butchery." 
His  detailed  account  of  the  massacre  is  by  far  the  most  exhaustive  given  by 

1  Bishop  Burnet's  "History  of  His  own  2  Ibid.  p.  161.      Burnet  further  says  that 

Time,"  second  edition,  1833,  vol.  iv.  pp.  159-  the  "  not  punishing  this  with  due  rigour,  was 
169.  the  greatest  blot  in  this  whole  reign." 


THE  DAKIEN  COMPANY,  1695.  cclxxxvii 


any  author.1  He  had  the  advantage  of  the  report  of  1695  made  by  the  royal 
commissioners  specially  appointed  for  the  purpose  of  inquiring  and  reporting 
on  the  slaughter.  The  Scottish  parliament  had  become  very  excited  on  the 
subject.  They  were  suspicious  that  the  commission  of  1695  might  prove  a 
failure,  like  the  previous  commission  of  1693.  Chancellor  Tweeddale  had 
difficulty  in  restraining  their  eagerness  ;  and  when  it  became  known  that  the 
report  had  been  issued  and  transmitted  to  the  king,  before  it  could  be  laid 
before  parliament,  there  was  a  great  outcry  for  its  production,  and,  to  satisfy 
the  intense  curiosity  which  prevailed,  the  report  was  at  length  produced. 
Lord  Macaulay  acknowledges  his  great  indebtedness  to  the  report,  and 
passes  a  high  eulogium  upon  it.  He  says  that  every  intelligent  inquirer 
will  concur  with  its  conclusion,  "  that  the  slaughter  of  Glencoe  was  a  bar- 
barous murder,"  and  "  the  letters  of  the  Master  of  Stair  were  the  sole  warrant 
and  cause."  2 

The  recommendation  made  by  the  Scotch  parliament  to  King  William  to 
prosecute  the  Master  of  Stair,  Lieutenant-Colonel  James  Hamilton,  and  the 
other  military  officers  concerned  in  the  massacre,  was  not  acted  upon.  The 
king,  however,  dismissed  Stair  as  secretary,  and  also  upon  the  advice  of 
Colonel  John  Hill,  reinstated  the  surviving  Macdonalds  in  their  inheritance 
of  Glencoe.3     This  reinstatement  was  speedily  done. 

The  same  parliament  of  1695,  which  investigated  and  reported  on  the 
massacre  of  Glencoe,  passed  an  act  on  26th  June  entitled,  "Act  for  a  com- 
pany trading  with  Africa  and  the  Indies." 4  The  act  is  elaborate,  conferring 
very  comprehensive  powers  on  the  incorporated  company,  commonly  called 
"  the  Darien  Company,"  to  make  settlements,  build  cities,  harbours  and 
fortifications,  in  any  place  in  Asia,  Africa  or  America,  uninhabited,  or  where 

1  It   extends   from  p.    188  to   p.    217   of  *  Acts   of   the   Parliaments  of   Scotland, 
volume  iv.  of  the  History  of  England,  1855.  vol.  ix.  p.  377.     The  Company  was  bound  to 

2  Macaulay's  History,  vol.  iv.  pp.  574,  575.  pay  annually  to  the  king  and  his  successors 

3  The  Melvilles,  Earls  of  Melville,  vol.  ii.  a  hogshead  of   tobacco  in  name   of   blench 
p.  169.  duty. 


cclxxxviii      WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

they  obtained  the  consent  of  the  natives.  The  directors  of  the  company 
are  John,  Lord  Belhaven,  Adam  Cockburn  of  Ormiston,  lord  justice  clerk, 
and  eight  others,  including  William  Paterson,  Esquire.  The  act  has  been 
justly  called  "  the  most  momentous  measure  of  the  session,  and,  indeed,  of 
the  age,  in  so  far  as  Scotland  is  concerned." 1  The  spirit  of  the  time  in  Scot- 
land was  one  of  trading  adventures  at  home  and  abroad,  and  enterprising 
men  like  William  Paterson  and  John  Holland  were  the  master  minds  in  the 
mercantile  speculations. 

The  Darien  Company  promised  at  first  to  be  a  great  success,  and  money 
was  raised  over  all  Scotland  to  launch  the  enterprise,  but  the  unsuccessful 
settlement  in  the  Isthmus  brought  the  company  and  the  whole  concern 
into  dreadful  disaster,  which  became  a  source  of  annoyance  to  King  William 
during  the  remainder  of  his  reign. 

During  the  time  of  the  existence  of  the  Darien  Company,  there  were 
two  principal  secretaries  of  state  for  Scotland,  Sir  John  Dalrymple,  Master  of 
Stair,  and  James  Johnstone,  as  before  mentioned.  Both  lost  their  offices  soon 
afterwards.  Mr.  Burton  says,  "  In  the  ensuing  year  Secretary  Dalrymple, 
on  whom  the  wrath  of  the  estates  was  chiefly  concentrated  in  connection 
with  Glenco,  was  dismissed  for  a  time  from  the  king's  service ;  but  it  has 
been  said  that  he  suffered  rather  for  his  service  to  his  country  in  passing  the 
Darien  Company's  act  than  for  his  cruelty  to  the  Highlanders." "  This, 
however,  is  a  mistake.  Secretary  Dalrymple  had  everything  to  do  with 
Glencoe,  and  suffered  for  it.  Secretary  Johnstone  had  nothing  to  do  with 
Glencoe,  but  he  had  much  to  do  in  passing  the  act  in  favour  of  the  Darien 
Company,  and  on  its  disastrous  failure  he  suffered  for  it. 

In  the  fourth  session  of  the  first  parliament  of  King  William  and  Queen 
Mary,  held  at  Edinburgh  on  18th  April  1693,  the  king  appointed  Mr.  John- 
stone, to  have  place  and  vote  in  that  session 3  as  one  of  the  secretaries  of 

1  Burton,  vol.  i.  p.  277.  2  Ibid. 

3  Acts  of  the  Parliaments  of  Scotland,  vol.  ix.  p.  245. 


WILLIAM  PATERSON,  FOUNDER  OF  DARIEN  COMPANY.         cclxxxix 

state,  and  he  is  accordingly  entered  in  the  sederunt  of  parliament  after  the 
noblemen  as  the  first  of  the  officers  of  state,  "the  Lord  Secretary  Johnston." 
In  the  next  or  fifth  session  of  parliament,  held  at  Edinburgh  on  1st  May 
1695,  when  the  Earl  of  Annandale  was  named  lord  president  of  the 
parliament,1  "  Lord  Secretary  Johnston  "  is  again  ranked  as  the  first  of  the 
lesser  officers  of  state,  and  the  letters  addressed  by  the  king  to  the  parliament 
are  countersigned  by  him.  Secretary  Dalrymple  was  not  present  at  either 
of  these  sessions  of  parliament.  Macky,  in  his  Memoirs  of  Secret  Services, 
says  that  Secretary  Johnston  "  was  a  zealous  promoter  of  men  of  Revolution 
principles,  and  a  faithful  servant  to  the  cause.  But  passing  a  bill  in  the 
parliament  of  Scotland  for  establishing  an  African  and  American  Company 
which  the  parliament  of  England  represented  as  of  ill  consequence  to  their 
trade,  he  was  at  once  thrown  out  of  all,  and  what  was  very  strange,  the 
Whigs,  whose  interest  it  was  to  support  him,  joined  in  the  blow.  This 
soured  him  so  as  never  to  be  reconciled  all  the  king's  reign,  though  much 
esteemed.  But  now  by  the  queen  he  is  made  lord  register,  the  best  employ- 
ment in  Scotland." 2 

In  the  second  volume  of  this  work  three  letters  are  printed  from  William 
Paterson,  who  was  so  prominently  connected  with  the  organisation  of  the 
Darien  Company.3  Annandale,  in  common  with  the  most  of  his  countrymen, 
was  a  believer  in  the  Darien  Company,  and  in  William  Paterson  its  founder. 
He  was  a  subscriber  for  £  1000.4  He  also  corresponded  with  Paterson,  whose 
letters  contain  grateful  acknowledgments  for  his  vindicating  him  and  the 
company.     Paterson  valued  highly  the  friendship  of  his  lordship.     In  1708 

1  Acta  of  the  Parliaments  of  Scotland,  the  DarienCompanydeserves  to  be  examined." 
vol.  ix.  p.  347.  Its  subscribers  for  large  sums  include  the 

2  Macky's  Memoirs,  pp.  205,  206.  Duke  of  Hamilton,  the  Duke  of  Queensberry, 

3  Pp.  123,  129  :  also  Appendix.  Lord  Belhaven,  John  Stewart  of  Grandtully, 

4  Darien  Papers,  1G95-1700,  Bannatyne  and  the  town  of  Edinburgh,  etc.,  for  £3000 
Club,  1844,  p.  391.  Macaulay  says  (History,  each.  Dumfries,  from  its  being  the  native 
vol.  v.  p.  211),  "  The  list  of  the  members  of  place  of  Paterson,  contributed  largely. 

VOL.  I.  2  O 


CCXC  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

Paterson  was  a  candidate  for  the  representation  of  the  Dumfries  burghs  in 
the  first  parliament  of  Great  Britain.  He  applied  to  Annandale  for  his 
assistance  in  the  election,  "  without  which,"  he  says,  "  I  cannot  expect 
success  therein  to  my  satisfaction."  He  adds,  that  Dumfries  being  the 
place  of  his  birth,  he  would  most  of  all  rejoice  at  being  useful  there. 
Paterson  was  elected  representative  of  these  burghs.  But  the  return  was 
double,  and  his  opponent  was  also  elected,  and  upon  a  reference  to  the 
House  of  Commons  Paterson  was  unseated.  Much  obscurity  hung  over  the 
origin  of  Paterson,  but  it  has  latterly  been  ascertained  that  his  father  was 
a  farmer  at  Skipmyre,  in  Trailflat,  formerly  a  part  of  Tinwald,  Dumfries- 
shire, and  possessed  lands  of  his  own  at  some  distance  from  his  farm. 
His  son,  William,  was  born  there  in  March  or  April  1655. 

One  of  the  ships  built  by  the  Darien  Company  was  named  "  Annandale," 
probably  from  the  circumstance  that  the  Earl  of  Annandale  took  an  interest 
in  the  passing  of  the  act  of  parliament  incorporating  the  Darien  Company, 
and  also,  perhaps,  from  Paterson  being  a  native  of  Annandale  or  Dumfries- 
shire. The  "  Annandale  "  ship  was  ill-fated.  While  in  an  English  harbour 
to  obtain  English  seamen  for  an  Indian  voyage,  the  ship  was  seized  at  the 
instance  of  the  East  India  Company,  and  condemned  for  breach  of  charter 
privileges.  About  the  same  time  a  vessel  called  the  "Worcester"  had  to 
put  into  the  Firth  of  Forth  for  repairs.  That  vessel  was  supposed  to  belong 
to  the  East  India  Company,  which  had  seized  the  "Annandale,"  but  that 
was  a  mistake,  the  "  Worcester  "  really  belonged  to  the  Million  Company,  a 
rival  to  the  East  India  Company.  The  secretary  of  the  Darien  Company 
captured  the  "Worcester,"  and  Captain  Green,  her  commander,  and  some  of 
his  crew,  were  tried  for  piracy  and  murder  by  the  court  of  admiralty,  at  Edin- 
burgh, on  5th  March  1705.     They  were  found  guilty  and  condemned  to  death.1 

Owing  t®  the  serious  illness  of  the  Countess  of  Annandale  in  London,  his 
lordship  was  unable  to  attend  the  parliament  which  met  in  autumn  1696. 

1  Burton,  vol.  i.  pp.  375-378. 


LETTER  PROM  ANNANDALE  TO  HIS  COUNTESS.  CCXC1 

The  lord  commissioner  and  the  parliament  excused  his  non-attendance.1 
Sir  Thomas  Livingstone,  the  commander-in-chief,  wrote  from  Edinburgh,  on 
8th  September  169G,  to  Annandale,  cordially  congratulating  his  lordship  on 
the  birth  of  another  "  brave  young  son." 2  This  was  the  third  son  of  the 
earl  and  countess,  and  he  was  named  Lord  William  Johnstone.  Corre- 
spondence took  place  previously,  in  July  1696,  between  Annandale  and  Mr. 
Eobert  Pringle,  under  secretary  of  state,  from  which  it  appears  that  the 
king  was  anxious  that  Annandale  should  attend  the  parliament.3  The 
solicitude  of  Annandale  for  the  health  of  his  countess  was  quite  remarkable. 
The  following  letter,  written  at  a  later  date,  from  him  to  the  countess,  in 
reference  to  her  anxiety  as  to  the  health  of  her  mother,  Lady  Craigiehall, 
illustrates  this  feature  of  his  character : — ■ 

"  Lochwood,  the  7th  off  October  [post  1699]. 

"  My  dearest  heart, — .  .  .  I  begg  off  yow  doe  nott  destroy  and  undoe  your 
selfe  by  your  excessive  grife  for  your  mothers  condition.  Consider,  itt  is  Gods 
hand  and  doing  in  a  good  ripe  old  age  ;  and  wee  ought  to  be  thankfull  either  for 
our  selves  or  our  frinds  when  he  allowes  soe  mannie  yeares  on  thiss  side  off  tyme,and 
submitt  patientlie  and  Christianlie  to  his  call  when  wee  see  itt  is  the  will  off  God. 

"  I  am  sensible  she  is  a  worthie  good  woman  as  ever  wes  borne,  and  have  ever 
had  a  greatt  esteem  for  hir,  and  I  wishe  heartillie  itt  may  be  Gods  good  pleasure 
to  spare  hir  mannie  yeares,  whiche  is  my  sincere  prayer  ;  butt  iff  itt  is  otherwayes 
determined,  yow  owght  to  submitt  Christianlie,  and  be  thankfull  for  the  tyme 
yow  have  had  hir,  and  lett  nott  your  immoderatte  grife  either  wrong  your 
heal  the  or  provocke  God.  I  kno  your  feavrishe  fitts  yow  speake  off  proceeds 
from  thiss,  whiche  makes  me  enlarge  upon  thiss  subject ;  and  itt  may  be  easier 
for  yow  that  I  am  nott  with  yow,  for  I  should  nott  be  sattisfied  to  see  yow 
occasion  your  oun  ruine,  and  doe  that  whiche  is  neither  aggreable  to  God  nor 
man  ;  for  consider  butt  how  few  enjoy  soe  mannie  yeares  as  she  lies  had  in  thiss 
world  alreddie.  I  hope  youl  take  thiss  in  good  parte  since  it  proceeds  onlie  from 
my  concerne  for  you,  and  that  what  I  advise  is  bothe  Christian  and  aggreable  to 
Gods  holy  word  and  commands.     I  am  again  thy  oun  most  intyrlie."4 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  x.  p.  23. 

-  Vol.  ii.  of  this  work,  p.  126.  3  Ibid.  pp.  123,  125,  126. 

4  Original  letter  in  Annandale  Charter-chest. 


CCXCii         WILLIAM,  FIRST  MARQUIS  OF  ANNANDALB,  1672-1721. 

In  the  seventh  session  of  the  first  parliament  of  King  William,  which 
met  on  the  19th  July  1698,  and  continued  till  1st  September  thereafter, 
Annandale  was  present  and  took  part  in  the  ordinary  business.  He  was  one 
of  the  lords  elected  for  the  committee  for  the  security  of  the  kingdom. 
Along  with  other  peers  who  had  been  absent,  he  subscribed  the  Association 
on  23d  July  1698.  Lord  Seafield,  president  of  the  parliament,  in  giving  Mr 
Carstares  an  account  of  the  splendid  reception  he  and  Lord  Marchmont,  who 
was  commissioner,  received  at  Edinburgh,  notes,  "  Neither  the  Earl  Annan- 
dale,  Euglen,  Tullibardine,  nor  any  of  the  Marquis  of  Tweedel's  family  out  to 
meet  us." l  In  a  second  letter,  he  says,  "  My  Lord  Annandale  has  made  me 
the  first  visit ;  and  the  justice  clerk  has  some  hopes  that  he  will  go  along 
with  what  is  proposed  for  the  king,  though  he  will  not  be  a  manager.  My 
Lord  Teviot  will  also  concur." 2  The  king  desired  the  same  number  of  forces 
to  be  kept  up.  Some  opposed  this  in  the  committee  of  security,  but  it  was 
carried,  and  afterwards  passed  in  parliament.  "  The  Earl  of  Annandale  is  a 
proselyte  and  spoke  with  a  great  deal  of  zeal,  as  all  new  converts  use  to 
do."3  Even  Argyll  has  a  good  word  to  say  of  Lord  Annandale  on  this 
occasion.  "  Earl  Annandale,  who  we  likewise  brought  into  the  committee,  at 
the  commissioner's  desire,  has  gone  franckly  on."4  The  parliament  also 
addressed  the  king  on  one  of  the  troubles  of  the  African  Company,  in  the 
course  of  which  my  Lord  Annandale  "  spoke  very  well "  against  some  of  the 
company's  demands.5     The  parliament  adjourned  on  the  1st  of  September. 

For  some  time  Annandale  engaged  only  in  the  current  business  of  his 
office.  Lord  Teviot's  letters  show  that  certain  misunderstandings  existed 
between  Annandale  and  Mr.  Carstares,  and  that  the  latter  wished  for  a 
reconciliation  with   his   lordship,   and    assures    him    he  had   not  concealed 

1  Seafield  to  Carstares,  9th.  July  109S,  Carstares  State  Papers,  p.  384. 

2  Seafield  to  Carstares,  1 1th  July  1G98,  ibid.  p.  3S7. 

3  Melvill  to  Carstares,  23d  July  1698,  ibid.  p.  400. 

4  Argyll  to  Carstares,  4th  August  169S,  ibid.  p.  411. 

*  Seafield  to  Carstares,  1st  August  1698,  ibid.  pp.  417,  41S. 


MARRIAGE  OF  HOPETOUN  WITH  LADY  HENRIETTA  JOHNSTONE.       CCXC111 

his  zeal  for  the  king's  service  in  the  last  parliament  from  the  king,1  and  that 
Lord  Seafield  had  also  done  his  lordship  justice.  Mr.  Carstares  after  this 
continued  on  friendly  terms  with  Annandale,  and  at  his  request  endeavoured 
to  secure  him  better  rooms  in  Holyrood-house.2 

An  auspicious  event  in  the  family  occupied  the  earl's  attention  this  year 
of  1699.  Hugh  Cunningham  in  a  letter  to  Mr.  Carstares  thus  refers  to  it: 
"  There  is  a  marriage  on  foot  betwixt  Hopeton  and  the  Earl  of  Annandale's 
daughter,  which  I  hope  will  make  a  better  understanding  betwixt  them." 3 
The  bridegroom  was  Charles  Hope  of  Hopetoun  and  the  bride  Lady  Henrietta 
Johnstone,  the  only  surviving  daughter  of  the  earl  and  countess.  The  mar- 
riage ceremony  was  celebrated  on  the  31st  of  August  1699.  Four  years 
thereafter,  on  5th  April  1703,  the  Laird  of  Hopetoun  was  raised  to  the 
peerage  as  Earl  of  Hopetoun,  Viscount  Aithrie,  Lord  Hope,  etc.,  with  limita- 
tion to  him  and  the  heirs-male  of  his  body,  whom  failing  to  the  heirs-female 
of  his  body. 

The  news  of  Darien  being  deserted  created  a  great  stir  in  Scotland  in  the 
year  1699.  A  meeting  of  the  general  council  of  the  company  was  held,  and 
it  was  resolved  to  sign  an  address  to  the  king.  Annandale  and  others  advised 
delay,  only  to  be  overruled.  The  meeting  also  voted  to  address  the  privy 
council.  "  Here  my  Lord  Annandale  said  he  would  then  treat  that  address 
as  it  deserved.  My  Lord  Tullibardine  said  these  words  were  not  to  be 
endured."  The  treasurer-depute  feared  they  would  have  thrown  the  candle- 
sticks at  each  other,  but  the  altercation  ended  with  a  resolution  to  address 
the  council.4  The  Earl  of  Marchmont  was  very  well  satisfied  with  the  part 
which  Annandale  acted.5     So  was  Mr.  Carstares.6     So  also  was  the  king,  who 

1  '23d  January  1G99,  vol.  ii.  of  this  work,  4  The  treasurer-depute  to  Carstares,  21st 
p.  177.                                                                          October   1699.     Carstares  State  Papers,  pp. 

2  Letter,  Loo,  3d  July  1G99,  ibid.  p.  1S5. 

2d  March  1G99,  Carstares  State  Papers 
p.  464.  c  Ibid.  p.  189. 


503,  504. 

5  Letter,  23d  October  1699,  vol.  ii.  of  this 
3  2d  March  1699,  Carstares  State  Papers,       work,  p.  18S. 


CCXC1V        WILLIAM,  FIRST  MARQUIS  OF  ANN  AND  ALE,  1672-1721. 

regretted  the  loss  which  both  the  company  and  the  nation  had  sustained,  and 
engaged  that  his  subjects  of  Scotland  should  have  the  same  freedom  of  com- 
merce with  the  English  plantations  they  ever  had  formerly.1 

King  William  intended  to  be  present  in  the  eighth  session  of  his  first 
parliament  held  at  Edinburgh  on  21st  May  1700,  but  the  state  of  public 
business  prevented  him.  James,  Duke  of  Queensberry,  was  appointed  com- 
missioner. After  a  short  session,  parliament  was  adjourned,  and  met  again 
on  29th  October  1700,  which  began  their  ninth  session,  and  continued  to  sit 
till  1st  February  1701.  Annandale  was  present  in  the  parliament  at  its 
opening  on  21st  May  1700.  He  went  to  court  in  the  following  month  of 
June.  The  Duke  of  Queensberry  found  it  difficult  to  manage  parliament 
alone,  and  desired  that  Argyll  and  Annandale  should  attend,  adding  "  for  it 's 
not  possible  that  I  can  doe  anything  alone." 2 

Murray  of  Philiphaugh,  lord  justice  clerk,  states  that  the  commissioner 
had  bid  him  tell  Mr.  Carstares  "  that  it  is  indispensably  necessary  that 
Argyll  and  Annandale  come  here  quickly,  for  not  only  may  their  presence, 
being  men  of  great  quality  and  sense,  add  life  and  vigour  to  the  government, 
but  several  of  the  king's  servants  here  are  jealous  of  their  being  at  court."  3 
In  a  previous  letter  Queensberry  states  that  he  had  represented  to  the  king 
the  desire  of  Annandale  to  be  a  marquis,  but  it  could  not  be  granted  without 
at  the  same  time  gratifying  others,4  which  could  not  be  done  at  the  time. 
Annandale  returned  to  Edinburgh  by  31st  July.5  He  wrote  to  Mr.  Carstares 
from  Holyrood-house  that  he  had  been  much  occupied  with  his  daughter's 
marriage,  the  council  week,  and  interviews  with  the  secretaries.6  Annandale 
points  out  the  great  heat  and  ferment  still  raised  by  the  African  company, 
but  he  was  determined  to  show  vigour  and  fidelity  in  the  king's  service. 

1  Seafield    to    Annandale,   2d    November  4  20th  June  1700,  ibid.  p.  538. 
1699,  vol.  ii.  of  this  work,  p.  189.  G  Letter  of  that  date,  ibid.  p.  5S3. 

2  Letter,  20th  June  1700,  ibid.  p.  207.  6  16th  September  1700,  ibid.  p.  649.     4th 

3  19th  June  1700,  Carstares  State  Papers,  November    1700,    ibid.    p.    670.     (Cf.    21st 
p.  529.  November  1700,  ibid.  p.  675.) 


COMMISSIONER  TO  THE  GENERAL  ASSEMBLY,  1701.  CCXCV 

Parliament  thereafter  was  chiefly  occupied  with  futile  resolutions  ou 
"  Caledonia,"  which,  as  the  king  pointed  out,  could  not  have  been  made 
effectual  without  a  general  war. 

Aunandale,  however,  had  a  respite  from  the  wranglings  of  the  parliament, 
being  appointed  commissioner  to  the  general  assembly  of  the  Church  of 
Scotland.  His  commission  is  dated  7th  February  1701.1  The  Eev.  "William 
Veitch,  minister  of  Dumfries,  in  writing  to  the  earl  excusing  his  own 
absence  from  the  assembly,  takes  the  opportunity  of  giving  him  advice. 
"Take  abundance  of  patience  along  with  you,  and  when  you  speak  sugger 
your  words  well." 2 

In  his  address  to  the  assembly  the  commissioner  proceeds  to  state  that  he 
was  warranted  in  the  king's  name  to  give  them  "  full  assurances  that  he  is  firmlie 
resolved  to  maintain  the  presbyterian  government  off  thiss  churche  as  now  estab- 
lished." And  he  reminds  the  assembly  that  God  had  honoured  the  king  to  be 
the  restorer  of  this  church  as  well  as  the  nation's  deliverer,  and  hopes  they  would 
proceed  to  their  business  with  diligence,  calmness,  and  unanimity.  Further,  he 
advises  them  to  plant  vacant  churches,  and  take  such  methods  as  might  effectually 
advance  piety  and  godliness,  learning,  and  true  knowledge,  and  suppress  vice, 
error,  and  immorality.  His  Majesty  desired  nothing  more  than  the  prosperity 
of  true  religion,  and  the  flourishing  of  virtue  and  good  order  in  the  church  and 
kingdom  would  be  ever  his  peculiar  concern.  His  lordship  concluded  with  a  few 
words  about  his  own  insufficiency,  and  his  reliance  on  the  assembly's  wise  and 
prudent  conduct.3 

The  assembly's  answer  to  the  king's  letter  expresses  their  grateful  sense  of 
the  king's  protection,  and  acknowledges  the  acceptable  character  of  the  com- 
missioner in  these  words  :  "  The  Earle  of  Annandale  whom  your  Majestie  hath 
made  choice  off  to  represent  your  royall  person,  and  to  give  countenance  and  pro- 
tection to  this  assemblie,  is,  for  his  fitness  and  abilities,  as  also  for  the  good 
offices  he  hath  done  this  church  in  the  other  honorable  stations  wherein  he  hath 
been  imployed  under  your  Majestie,  very  acceptable."  4 

1  Original      Commission     in      Annandale  3  Copy  speech  in  Annandale  Charter-chest. 
Charter-chest.  4  Copy  of  Assembly's  letter  to  the  king, 

2  17th  February  1701,  vol.  ii.  of  this  work,  dated    22d   February    1701,    in   Annandale 
p.  210.  Charter- chest. 


CCXCvi         WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

In  the  absence  of  the  secretary,  Annandale  wrote  directly  to  his  Majesty 
that  he  hoped  for  a  peaceable  assembly,  notwithstanding  the  endeavours  of 
some  to  assert  the  intrinsic  power  of  the  church.1  After  the  assembly  was 
closed  Mr.  Carstares  wrote  a  cordial  letter  to  Annandale,  on  the  proceed- 
ings, which  he  says,  "  I  doubt  not  but  will  be  much  to  the  king's  satisfaction." 
His  lordship's  kindness  to  the  ministers  gained  their  esteem  and  respect.2 
The  king  was  so  well  satisfied  with  Annandale's  services,  both  in  the 
assembly  and  in  his  holding  of  other  public  offices,  that  he  advanced 
him  to  the  dignity  of  a  marquis  by  a  patent  dated  at  the  Court  at  Kensing- 
ton, 24th  June  1701.  The  patent  bears  to  be  granted  for  Annandale's 
signal  and  thankful  services  in  sundry  eminent  offices  intrusted  to  him  by 
the  king,  and  creates  him  Marquis  of  Annandale,  Earl  of  Hart  fell,  Viscount 
of  Annand,  Lord  Johnstone  of  Loehwood,  Lochmaben,  Moffatdale  and 
Evandale.  The  limitation  is  to  heirs-male  whomsoever  succeeding  to  him  in 
his  lands  and  estates.3  Patents  to  the  Duke  of  Argyll  and  the  Marquis  of 
Lothian  were  signed  on  the  day  previous.  On  the  following  day  Lord 
Carmichael  was  created  Earl  of  Hyndford. 

Annandale  was  desirous  of  visiting  the  court  the  following  year  in  the 
month  of  March.  The  Duke  of  Queensberry,  in  answer  to  his  lordship's 
letter,  states  that  the  king's  illness  had  hindered  him  from  bringing  the 
request  before  the  king  for  some  days,  but  he  had  done  so.  His  Majesty, 
in  reply,  said  he  was  soon  to  go  beyond  sea,  and  designed  to  call  a 
parliament  in  Scotland,  and  was  therefore  rather  thinking  of  sending  down 
his   servants  than   suffering   any  to   come  up,  as  he  judged  them  neces- 

1  Vol.  ii.  of  this  work,  p.  19.     "  March  9.  he   would   not    hinder  them."       [Wodrow's 

This  day  Mr.  Archibald  Wallace  told  me  that  Analecta,  vol.  i.  p.  4.] 

the  commissioner  told  several  of  the  ministers  2  Letter,  15th  March  1701,  vol.  ii.  of  this 

that  were  dining  with  him  that  his  instruc-  work,  p.  212. 

tions  were  large  enough,  and  if  they  would  3  Acts   of   the   Parliaments   of    Scotland, 

calmly  agree  about  things  among  themselves  vol.  xi.  p.  9.     Minutes  of  Annandale  Peerage 

and  make  noe  debates,  heats,  etc.,  in  open  Evidence   (1825),  p.    13.      For   warrant  see 

assembly,  they  might  assert  wliat  they  pleased,  vol,  ii.  of  this  work,  p.  100, 


ACCESSION  OF  QUEEN  ANNE,   1702.  CCXCvii 

sary  at  home  to  prepare  people  for  an  easy  and  peaceable  session.  "  He 
had  mighty  kinde  expressions  of  your  lordship,  and  does  think  that  yow  will 
be  verry  usefull  to  him  there,  in  order  to  this  end." 1  King  William's  good 
opinion  of  Annandale  elevates  his  character,  being  a  shrewd  judge  of  the 
temper  and  inclinations  of  his  ministers.  It  was  his  Majesty's  final  opinion 
of  Annandale,  as  the  king  died  on  the  8th  March  1702,  three  days  after. 

CHAPTER  FOURTH. 

Queen  Anne's  accession,  1702— Annandale  made  Lord  Privy  Seal — On  commission  for 
Union,  1702 — Invested  with  the  order  of  the  Thistle — Appointed  Secretary  of  State  and 
Commissioner  to  the  Assembly,  1705 — Resigns  the  secretaryship,  1705 — His  character 
— He  opposes  the  Union— Appointed  Commissioner  to  the  General  Assembly,  1711 — 
He  goes  abroad. 

Annandale  left  Edinburgh  for  London  in  the  beginning  of  March  1702, 
and  no  doubt  received  accounts  of  the  death  of  King  William  on  the  8th  of 
that  month  somewhere  on  his  journey.  News  came  to  Edinburgh  on  the 
13th  by  an  express,  when  the  privy  council  met,  and  Queen  Anne  was 
lawfully  proclaimed.2  His  lordship  arrived  in  London  on  the  16th.3  The 
marchioness  followed  on  the  3d  of  April,  but  went  to  Bath  for  the  benefit 
of  her  health.  Soon  after  his  arrival  in  London,  Annandale  received  an 
application  from  Simon,  Lord  Lovat,  to  make  representations  on  his  behalf 
to  the  queen ;  but  it  does  not  appear  whether  his  lordship  complied  with 
the  request  or  not.4 

In  the  change  of  ministers  which  took  place  on  Queen  Anne's  accession 
in  March  1702,  Annandale  was  not  forgotten.  He  was  made  lord  privy  seal, 
with  a  yearly  pension  of  £1000  sterling,6  in  place  of  James,  Duke  of  Queens- 

1  Letter,  5th  March  1702,  vol.  ii.  of  this  3  Accounts    of     expenses    in    Annandale 
work,  p.  213.                                                              Charter-chest. 

4  19th  March  1702;  vol.  ii.  of  this  work, 

2  Letter,  Patrick  Johnstone  to  Annandale,       p.  214. 

13th  March  1702,  vol.  ii.  of   this  work,  p.  5  Letter  of  pension,  dated  St.  James's,  Gth 

213.  May  1702,  in  Annandale  Charter-chest. 

VOL.  I.  2  P 


CCXCviii      WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

berry,  who  was  promoted  to  be  secretary  of  state.  The  commission  to  be  keeper 
of  the  privy  seal  bears  that  the  queen,  having  knowledge  of  his  lordship's 
remarkable  loyalty  and  sufficient  ability,  constituted  him  during  her  pleasure 
lord  keeper  of  the  privy  seal  of  Scotland,  with  rank  and  precedency  next 
after  the  president  of  the  privy  council.1 

Annandale  intimated  both  his  appointment  and  pension  at  the  earliest 
moment  to  his  marchioness.  His  letter  to  her  is  dated  2d  May,  four  days 
before  the  date  of  his  commission.  He  informed  her  that  his  pension  and  the 
perquisites  of  his  office  made  up  twelve  hundred  pounds,  and  that  he  hoped 
to  be  continued  at  the  treasury,  but  with  no  monetary  advantage.  This 
appointment  was  highly  gratifying  to  Annandale.  In  a  postscript  to  the 
letter  just  referred  to,  he  says,  "  You  kno  the  privie  seall  is  what  you  have 
always  had  in  veu,  and  I  oune  itt  is  most  agreable  to  me  off  anie  character 
att  thiss  tyme."  He,  however,  expected  still  further  promotion  shortly,  in 
which  he  was  not  disappointed,  as  will  be  afterwards  seen,  for  he  says,  in  the 
same  letter  to  his  marchioness,  "  I  am  assured  thiss  is  butt  ane  interim 
bussinesse  in  order  to  better,  for  the  chancellor  shall  nott  be  continued  long 
after  thiss  session  of  parliament,"  2 

The  marquis  now  returned  to  Scotland  to  attend  parliament.  Before 
doing  so  he  made  a  short  visit  to  his  marchioness  at  Bath,  where  he  was  on 
the  15th  of  May.  He  was  present  at  Edinburgh  on  9th  June  at  the  opening 
meeting  of  parliament,  where  he  presented  his  commission  and  took  his  seat 
as  lord  privy  seal.  The  Duke  of  Queensberry  was  lord  high  commissioner. 
After  several  sederunts  parliament  was  adjourned  on  the  30th  of  June,  and 
did  not  meet  again  till  next  year.  When  parliament  broke  up  Annandale 
returned  to  England,  where  he  was  alternately  in  London  and  with  the 
marchioness  at  Bath. 

1  Commission,  dated  at  St.  James's,  6th  May  1702,  in  Annandale  Charter-chest.    Acts 
of  the  Parliaments  of  Scotland,  vol.  xi.  p.  6. 

2  2d  May  1702  ;   vol.  ii.  of  this  work,  p.  215. 


MADE  PRESIDENT  OF  THE  PRIVY  COUNCIL,   1701  ccxcix 

Before  parliament  again  met,  commissioners  were  appointed  by  the  queen 
to  treat  for  a  union  between  the  two  kingdoms  of  England  and  Scotland. 
Already,  on  25th  June,  an  act  to  enable  her  Majesty  to  do  this  had  been 
approved  by  parliament,  and  a  letter  in  terms  thereof  was  sent  to  her.  The 
commissioners  appointed  to  represent  Scotland  were  twenty-seven  in  number, 
and  in  the  order  in  which  their  names  are  given  in  the  commission,  the  Duke  of 
Queensberry  and  the  Marquis  of  Annandale  are  first  and  second  respectively. 
The  commission  under  the  great  seal  of  Scotland  was  subscribed  by  the 
queen  at  Windsor  Castle,  25th  August  1702,  and  that  under  the  great  seal  of 
England  on  26th  September  following.  Meetings  of  the  commissioners  for 
the  two  kingdoms  began  on  27th  October,  and  were  continued  till  3d 
February  1703,  when  the  queen  adjourned  the  treaty  for  a  time,  expressing 
herself  satisfied  with  the  progress  that  had  been  made.1  At  the  second 
meeting  it  was  arranged  to  interchange  the  commissions,  which  was  done  by 
Annandale  delivering  a  signed  copy  of  the  Scotch  commission  to  the  lord 
keeper  of  England,  who  delivered  a  signed  copy  of  the  English  commission 
to  his  lordship.  Annandale  was  also  chosen  one  of  a  committee  to  facilitate 
the  business  of  the  commission.  After  its  adjournment  in  February  the 
commission  did  not  again  meet,  as  on  3d  September  it  was  brought  to  an 
end  by  a  vote  of  parliament. 

In  the  meantime,  in  December,  Annandale  had  been  made  president  of 
the  privy  council,  in  room  of  George,  Earl  of  Melvill.2  The  letters  under 
the  great  seal  conveying  this  appointment  refer  to  his  remarkable  loyalty, 
most  faithful  services,  and  singular  endowments,  and  grant  him  priority  and 
precedence  immediately  after  the  principal  treasurer.  The  office  of  keeper 
of  the  privy  seal  was  at  the  same  time  given  to  the  Earl  of  Tullibardine. 
With  his  new  office  Annandale  received  a  yearly  pension  of  a  thousand 

1  Acts   o£    the   Parliaments   of   Scotland,       cember   1702,   in   Annandale   Charter-chest, 
vol.  xi.,  Appendix,  pp.  145-161.  Acts  of  the  Parliaments  of  Scotland,  vol.  xi. 

s  Commission,  dated  St.  James's,  15th  De-       pp.  33,  34. 


CCC  WILLIAM,  FIRST  MARQUIS  OP  ANNANDALE,   1672-1721. 

pounds.1  The  first  session  of  the  first  parliament  of  Queen  Anne  began  at 
Edinburgh,  6th  May  1703,  at  which  Annandale  was  present,  this  time  as 
president  of  the  council.     The  Duke  of  Queensberry  was  again  commissioner. 

One  of  the  acts  endeavoured  to  be  passed  tins  session  was  an  act  for  the 
security  of  the  kingdom.  The  draft  of  it  was  read  in  parliament  on  28th 
May,  and  thereafter  it  was  considered,  clause  by  clause,  up  to  and  including 
11th  August  1703.  Annandale,  and  others  with  him,  entered  a  protest 
regarding  two  of  the  clauses.  One  of  these  had  reference  to  the  privileges 
of  peers,  and  the  other  to  the  succession  to  the  crown.  On  14th  August  the 
act  was  voted  and  approved  by  parliament.  The  royal  assent  was,  however, 
withheld  from  it.  In  consequence  of  this  parliament  stopped  supplies,  and 
the  queen  adjourned  parliament  on  16th  September  1703.2 

After  the  session  was  over  Annandale  returned  to  London,  and  appears 
not  to  have  been  in  Scotland  till  June  next  year.  Before  parliament  again 
met  Annandale  was  nominated  by  Queen  Anne  one  of  the  twelve  knights  of 
the  Thistle.  His  nomination  is  dated  7th  February  1704.3  The  order  with 
which  his  lordship  was  now  invested  had  been  re-established  by  the  queen  so 
recently  as  31st  December  preceding. 

The  second  session  of  the  first  parliament  of  Queen  Anne  met  at  Edin- 
burgh on  6th  July  1704,  under  John,  Marquis  of  Tweeddale,  as  commissioner. 
Annandale  was  present  as  president  of  the  privy  council.  On  25th  July,  the 
act  of  security,  which  was  offered,  but  not  accepted,  as  a  clause  to  be  added 
to  the  act  of  supply,  was  again  considered  by  parliament,  and  marked  as 
read  a  first  time.  It  was  resolved  not  to  proceed  further  with  it  until  the 
commissioner  received  instructions  regarding  it.  These  were  evidently  soon 
after  obtained,  the  queen  finding  it  necessary  to  yield,  as  on  5th  August,  the 

1  Letter  of  pension,  dated  St.  James's,  15th  December  1702,  in  Annandale  Charter-chest 

2  Acts  of  the  Parliaments  of  Scotland,  vol.  xi.  pp.  45,  G7,  70,  74,  101,  104,  112. 

3  Inventory  of  commissions  in  favour  of  William,  Marquis  of  Annandale,  in  Annandale 
Charter-chest. 


MADE  SECRETARY  OP  STATE,  1705.  ccci 

act  was  read  a  second  time.  Before  voting,  Annandale  reuewed  the  protest 
which  he  made  the  previous  session  against  the  passing  of  the  act,  and 
craved  his  dissent  to  be  marked.  The  same  day  the  commissioner  touched 
the  act  with  the  sceptre.1  The  queen  was  highly  satisfied  with  the  conduct 
of  Annandale  in  parliament  at  this  time,  assurances  of  which  were  conveyed 
to  him  in  a  letter  from  "Windsor  dated  27th  July  1704,  by  Sidney,  Lord 
Godolphin.2 

Several  changes  took  place  in  the  ministry  next  year.  Annandale 
desired  to  be  appointed  lord  chancellor,  and  negotiations  were  entered  into 
to  bring  this  about.  The  Duke  of  Argyll  was  favourable  to  it,  but  the 
appointment  was  not  ultimately  made.3 

Instead  of  being  made  chancellor,  an  appointment  which  fell  to  James, 
Earl  of  Seafield,  Annandale  was  in  room  of  the  latter  made  one  of  the 
secretaries  of  state  for  Scotland,  with  the  usual  salary  of  £1000  sterling 
a  year.  His  commission  bears  that  the  queen  was  abundantly  satisfied  of 
his  probity,  and  other  excellent  endowments  by  which  he  was  fitted  for  this 
office.4  He  was  on  the  same  day  appointed  commissioner  to  the  general 
assembly,  an  appointment  for  which  there  were  several  applicants,  and  one 
which  he  had  been  desirous  of  procuring,  as  the  Earl  of  Seafield's  letter  to 
him  shows.5  So  early  as  January  of  this  year,  Baillie  of  Jerviswood  writes, 
"  54  (Annandale)  is  already  haling  at  the  assembly,  and  has  spoke  to  me 
about  it."6  The  granting  to  Annandale  of  his  wish  in  this  appointment 
would  so  far  make  up  for  his  disappointment  about  the  chancellorship. 
The  marquis  wrote  to  Lord  Godolphin  expressing  his  gratitude  to  the  queen 


1  Acts  of    the   Parliaments   of    Scotland,  William,  Marquis  of  Annandale,  in  Annan- 
vol,  xi.  pp.  130,  133,  135.  dale  Charter-chest.     Acts  of  the  Parliaments 

2  Vol.  ii.  of  this  work,  p.  217.  of  Scotland,  vol.  xi.  p.  210. 

3  The  Earl  of  Roxburgh  to  George  Baillie  5  Vol.  ii.  of  this  work,  p.  220. 

of  Jerviswood,  27th  February  1704-5.    Jervis-  °  To  James  Johnstone,  formerly  secretary, 

wood  Correspondence,  pp.  49,  50.  16th  January  1705.     [Jerviswood  Correspon- 

4  Inventory    of  commissions  in  favour  of  dence,  p.  39.] 


cccii  WILLIAM,  FIRST  MARQUIS  OP  ANNANDALE,   1672-1721. 

for  her  commissions,  and  promising  to  make  all  the  suitable  returns  to  her 
of  which  he  was  capable.1  The  two  commissions  now  received  by  the 
marquis  are  dated  at  St.  James's,  9th  March  1705.  The  instructions  of  the 
queen  to  Annandale  as  commissioner  are  not  forthcoming,  but  in  his  letter 
to  his  lordship  as  to  the  management  of  the  assembly,  the  Earl  of  Seafield 
states  that  they  are  "  verbatim  what  your  lordship  had  when  you  were  last 
commissioner." 2  His  additional  instructions  allow  of  his  approving  of 
synod  or  presbytery  books,  even  though  they  asserted  the  intrinsic  power 
of  the  church,  providing  nothing  was  publicly  declared  in  the  assembly 
touching  the  same,  or  that  was  derogatory  to  the  royal  prerogative.3  In  her 
letter  to  the  assembly,  intimating  the  appointment  of  Annandale  as  her 
commissioner,  the  queen  doubted  not  they  would  promote  piety  and  religion. 
She  recommended  the  planting  of  vacant  churches  with  pious  and  learned 
ministers,  especially  in  the  Highlands  and  Islands,  and  suggested  it  as  worthy 
of  their  serious  consideration  that  they  distribute  the  libraries  "  so  piously 
mortified  for  the  churches  in  those  parts,"  the  transporting  of  which  would 
be  paid  out  of  the  treasury.4  Mr.  Carstares  was  chosen  moderator  of  the 
assembly.  At  the  close  of  the  assembly  on  the  26th  of  April,  Annandale 
wrote  a  letter  to  the  queen  informing  her  that  the  assembly  had  proceeded 
with  great  unanimity,  and  the  greatest  deference  and  duty  to  her  Majesty's 
authority  and  government.5 

As  showing  the  confidence  the  queen  placed  in  Annandale  at  this  time, 
she  informed  him  that  she  depended  very  much  on  his  fidelity  and  capacity 
in  giving  his  counsel  and  assistance  to  the  Duke  of  Argyll,  her  commissioner 
in  the  next  parliament,  "  whose  youth  and  warmth,"  she  says,  "  may  possibly 
have  need  of  your  lordship's  temper  and  prudence."6    Annandale,  in  reply, 

1  Vol.  ii  of  this  work,  p.  221.  4  St.  James's,  9tb  March  1705,  vol.  ii.  of 

2  TL-J  nan  m,  •  ^  this  WOrk,   DD.    21,   22. 

2  Ibid.    p.    220.      These   instructions    are  .   _.,        '      „'       , 

•    4-  A   -J. -5  ,o    ,n  Ibld-  PP'  —3,  224. 

printed  tbid.  pp.  IS,  19.  „  „   ,  /f.     t  '         ,r        .„,.,,, 

'  6  Godolphin  to  the  Marquis,  31st  March 

3  Ibid.  p.  22.  1705;  ibid.  p.  222. 


THE  QUEEN  S  SATISFACTION  WITH  ANNANDALE.  CCciii 

engaged  to  prosecute  the  queen's  interest  impartially.1     Before  the  meeting 
of  parliament,  as  secretary,  he  was  in  correspondence  with  Lord  Godolphin 
about  the  instructions  to  be  given  to  the  lord  high  commissioner.2     On  9th 
May,  he  complains  that  the  commissioner  is  so  much  in  the  hands  of  those 
who  were  for  measures  other  than  those  of  the  queen,  and  asks  that  the 
consequences  should  not  be  imputed  to  him,  and  that  where  he  differs  the 
queen  would  allow  him  a  fair  hearing.     A  week  later,  on  16th  May,  he  says 
he  will  be  as  useful  to  the  commissioner  as  he  can.     On  2d  June,  the  queen 
intimates  to  him  that  she  has  no  doubt  of  his  concurrence  and  best  assistance. 
Annandale,  it  will  be  seen,  warmly  espoused  the  queen's  measures,  which 
were  the  settlement  of  the  Protestant  succession,  a  treaty  of  union  with 
England,  and  the  granting  of  supplies.     "  I  doe  assure  you,"  observes  Sir 
David  Nairne,  who  was  under  secretary  of  state  for  Scotland,  in  a  letter  to 
Annandale,  "  if  I  should  tell  your  lordship  what  he  (Godolphin)  said  of  your- 
selfe,  it  wold  look  like  flatery ;  but,  in  short,  he  said  he  founde  you  differed 
from  the  queen's  servants  in  the  grand  point,  but  that  you  had  wrote  better 
reason  on  the  subject  than  any  body  els  hes  done."  3    Lord  Godolphin  laid 
two  letters  of  Annandale  before  the  queen,  dated  respectively  1st  and  9th 
June,  and  referring,  in  his  letter  to  the  marquis,  to  the  differences  of  opinion 
which  prevailed   between  him  and  the   commissioner   and   others   of  the 
queen's  ministers,  he  assures  him  that  her  Majesty  was  very  far  from  being 
dissatisfied  with  his  lordship  for  his  difference  of  opinion  from  some  others 
of  her  Majesty's  servants.     She  had  resolved  in  view  of  these  differences  to 
recommend  to  the  parliament  both  the  settling  of  the  Protestant  succession 
and  a  treaty  for  a  uniou.4 

Parliament  met  at  Edinburgh  on  28th  June  1705,  John,  Duke  of  Argyll, 
was  lord  high  commissioner.     Annandale  was  present  as  secretary  of  state. 

1  The  Marquis  to  Godolphin  ;  vol.  ii.  of  this  work,  pp.  224,  225. 

2  Ibid.  pp.  225-229. 

3  Sir  David  Nairne  to  the  Marquis,  16th  June  1705,  ibid.  p.  230. 

4  Godolphin  to  the  Marquis,  18th  June  1705,  ibid.  p.  231. 


CCC1V  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,   1672-1721. 

On  3d  July,  the  queen's  letter  to  parliament  being  read  and  speeches 
made  by  the  commissioner  and  the  lord  chancellor,  Annandale  moved  that 
these  should  be  printed,  which  was  agreed  to  by  the  house.1  At  the  next 
sederunt,  on  6th  July,  he  proposed  that  the  parliament  should  consider 
such  limitations  and  conditions  of  government  as  should  be  judged  proper 
for  the  next  successor  in  the  Protestant  line;  and  at  the  same  time 
name  a  committee  to  consider  the  condition  of  the  coin  and  state  of  trade 
as  to  export  and  import.  The  house,  however,  decided  to  proceed  first  on 
coin  and  trade  by  way  of  overture.2  On  17th  July,  the  Duke  of  Hamilton 
carried  a  resolution  not  to  proceed  to  the  nomination  of  a  successor  till  there 
was  a  previous  treaty  with  England  in  relation  to  commerce  and  other 
affairs,  and  to  proceed  to  limitations  of  government  before  proceeding  to  the 
said  nomination.  Commenting  on  this,  Annandale  observes,  "Yesterday 
the  Duke  of  Hamilton,  Duke  of  Atholl,  and  all  there  frinds  unitted  there 
fullest  force  to  oppose  and  defeatt  the  treatie  whiche  wes  proposed  by  the 
queen's  servantts."  After  a  warm  debate  it  came  to  the  vote,  proceed  to  a 
treaty  with  England  or  to  limitations  and  regulations  of  the  constitution, 
when  the  last  was  carried  by  three  votes.  Annandale  used  his  best  endeavours 
to  advance  the  treaty  since  the  parliament  had  concluded  by  a  resolution  not 
to  name  the  successor  without  a  previous  treaty,  and  commented  on  the  dis- 
ingenuity  of  the  other  party.  The  Duke  of  Hamilton  took  this  to  himself 
and  thought  it  was  too  hard  upon  him.3  After  this,  Annandale  came 
into  collision  with  the  commissioner  on  the  question  of  the  appointment 
of  clerk  to  the  council.  The  duke  wished  to  give  it  to  Mr.  Alexander 
Arbuthnott,  who,  according  to  Annandale,  was  a  Jacobite,  and  his  lordship 
told  the  Duke  of  Queensberry  that  he  would  not  bear  such  an  invasion  and 
encroachment  upon  the  office,  because  he  held  that  the  appointment  belonged 
to  the  secretary's  office.     On  21st  September,  at  their  concluding  sederunt, 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  xi.  p.  214.  2  Ibid.  p.  215. 

s  Letter,  18th  July  1705,  vol.  ii.  of  this  work,  p.  232. 


MADE  PRESIDENT  OF  THE  PRIVY  COUNCIL,  1705.  CCCV 

parliament  passed  the  important  act  for  a  treaty  of  union  with  England 

which  had  occupied  them  throughout  the  session,  and  adjourned  the  same 

day.     The  passing  of  this  act  was  a  triumph  for  Argyll.     One  of  the  first 

effects  of  it  was  that  Annandale,  whose  differences  with  the  commissioner 

lasted,  as  has  been  seen,  throughout  the  session,  was  removed  from  the  office 

of  secretary.     The  Earl  of  Mar,  whose  commission  is  dated  29th  September 

1705,  was  appointed  in  his  stead.     Annandale  was  promoted  to  be  president 

of  the  privy  council.     Sir  David  Nairne,  in  intimating  these  changes  to  the 

marquis,  says : 

"  I  presumed  to  aske  her  Majesty,  at  signeing  the  commissions,  if  she  had  any 
dislike  of  your  service  in  the  station  of  secretarie.  She  was  pleased  to  say  very 
kindly  that  she  had  not,  but  that  she  feared  the  misunderstanding  between  the 
commissioner  and  your  lordship  might  obstruct  business  and  occasion  divisions 
amongst  her  servants.  .  .  .  For  my  oun  pairt,  I  am  quite  disapointed."  x  Baillie 
of  Jerviswood,  confirming  this,  says :  "  What  did  Annandale's  business  was  the 
letters  he  wrote  to  the  treasurer,  whereof  Argile  had  copies  sent  him,  which  it 
seems  were  not  favourable  to  the  measures  he  was  upon."  He  adds  that  Argyll 
and  Queensberry  denied,  with  oaths,  to  the  last  minute  to  Annandale  that  he  was 
to  lose  his  post.2  Annandale  set  off  at  once  for  court.  He  wished  that  Baillie 
could  have  accompanied  him.  Writing  to  him,  he  says  he  would  cheerfully  have 
given  him  a  place  in  his  chariot.  He  doubted  not  that  it  would  be  "  to  verrie 
good  purpose  to  all  our  friends  when  wee  are  both  there."  He  says  further  :  "  I 
am  as  much  my  own  master  now,  and  att  my  own  disposall  as  you  are,  whiche  I 
assure  [you]  is  nott  a  little  agreeable  to  me,  considering  the  sett  I  was  yoaked 
with,  and  the  measures  they  were  prosecutting."  3  In  his  reply,  Baillie  wished 
him  success  in  his  designs,  but  could  not  accompany  him  to  London.4  In  his 
next  letter  to  Baillie,  dated  25th  October  1705,  Annandale  says:  "I  have  seen 
the  queen  last  night,  and  given  up  fairlie,  soe  that  they  have  a  faire  field  and 
nobodie  to  oppose  them."  That  Annandale  was  considered  an  important  factor 
in  the  political  situation  is  evident  from  the  pains  taken  by  Queensberry  to 
persuade  Annandale's  friends  that  he  had  no  hand  in  turning  him  out  of  office. 

1  29th  September  1705,  vol.  ii.  of  this  work,  p.  236. 

2  Baillie  to  Earl  of  Roxburgh,  22d  October  1705,  Jerviswood  Correspondence,  p.  132. 

3  Holyroodhouse,  0th  October  1705,  ibid.  p.  128. 

4  Mellerstaines,  11th  October  1705,  ibid.  p.  129. 

VOL.  I.  2  Q 


CCCV1  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

Seafield  again,  according  to  Baillie,  was  so  afraid  of  Queensberry  and  Annan- 
dale  making  it  up,  that  he  sent  messages  to  the  Marchioness  of  Annandale 
"  declareing  his  innocence"  in  that  matter;  that  it  was  Queensberry  chiefly 
who  did  it ;  that  without  him  it  could  not  have  been  done.1  From  these  various 
and  somewhat  contradictory  accounts,  Annandale  appears  to  have  resigned  office, 
and  not  to  have  been  dismissed.  Lockhart,  in  his  usual  way,  furnishes  a  travesty 
of  the  transaction,  asserting  that  Annandale  was  displaced,  because  it  was  thought 
he  held  a  private  correspondence  with  the  squadron,  being  more  inclined  to  favour 
the  succession  without  than  with  an  union,  and  would  not  implicitly  follow  the 
dictates  of  Queensberry  and  his  partisans.  Lockhart  also,  at  the  same  time,  gives 
Annandale's  character,  which  is  an  amusing  libel.  He  says  :  "  He  was  a  man 
framed  and  cut  out  for  business,  extremely  capable  and  assiduous,"  of  a  proud 
aspiring  temper,  haughty  in  success,  the  most  complaisant  man  alive  when  affairs 
were  low ;  he  had  gone  backwards  and  forwards  so  often  that  no  man  trusted 
him ;  "  even  those  of  the  Eevolution  party  only  employ'd  him  as  the  Indians 
worship  the  devil,  out  of  fear,"  and  "  honest  men,"  though  they  welcomed  so 
capable  a  person  to  serve  them,  yet  were  secretly  glad  to  see  him  humbled.  His 
being  turned  out  of  the  secretary's  office  was  the  cause  that  induced  him  to  oppose 
the  union,  "  so  upon  that  account  he  was  much  caressed,  but  little  trusted,  by  the 
cavaliers."  2 

A  better  character  of  Annandale  is  drawn  about  this  time  by  Macky,  who 
was  the  author  of  so  many  memoirs  of  official  men.     He  says  : 

"  He  was  often  out  and  in  the  ministry  during  King  William's  reign,  is 
extremely  carried  away  by  his  private  interest,  hath  good  sense,  and  a  manly 
expression,  but  not  much  to  be  trusted  ;  makes  as  fine  a  figure  in  the  parlia- 
ment house  as  he  does  in  his  person,  being  tall,  lusty,  and  well  shaped,  with  a  very 
black  complexion.     He  is  near  50  years  old."3 

During  his  stay  in  London,  Annandale  went  to  court  about  once  a  fort- 
night. But  he  refused  to  give  his  concurrence  and  assistance  as  president  of 
the  council  to  those  whom  he  considered  had  ill-treated  both  him  and  the 
queen's  interest,  unless  he  had  as  good  a  share  in  the  government,  and  upon 

1  Baillie  to  Roxburgh,  3d  January  1706,  Jerviswood  Correspondence,  p.  145. 

2  The  Lockhart  Papers,  vol.  i.  pp.  137,  138. 

3  Memoirs  of  the  Secret  Service  of  John  Macky,  Esq. 


DECLINES  THE  OFFICE  OF  PRESIDENT,   1706.  cccvil 

as  honourable  terms  as  formerly.  Annanclale's  stay  in  England  was  longer 
than  he  had  intended.  His  purpose  was  to  return  to  Scotland  in  the 
beginning  of  December,  but  the  lameness  of  a  leg  prevented  him.1 

In  the  beginning  of  1706  there  appeared  to  be  some  prospect  that  Annan- 
dale  would  return  to  power.  His  name  was  much  spoken  of  by  the  different 
political  parties  in  connection  with  various  public  offices.  A  great  deal  of 
gossip  passed  upon  the  subject,  and  the  Whigs  set  him  up  as  their  chief  man. 
Offers  were  made  to  him  on  behalf  of  the  queen  to  continue  president  of  the 
privy  council.  This,  however,  did  not  meet  the  wishes  of  his  lordship,  who 
declined  the  offers.  It  was  found  difficult  to  procure  another  post  to  him. 
In  a  letter  to  Mr.  Carstares,  the  Earl  of  Seafield  says  Lords  Marlborough  and 
Godolphin  both  asked  him  to  continue  in  office,  and  Lord  Loudoun,  secretary, 
was  sent  to  him  by  the  queen,  desiring  him,  as  his  lordship  adds  : 

"  To  let  him  know  that  she  was  willing  to  employ  him  in  that  station  if  he 
pleased,  but  he  still  refused,  and  the  secretaries  and  I  were  unwilling  to  oblige 
him  so  far  as  give  him  any  of  our  posts,  but  we  were  very  willing  to  have  served 
in  conjunction  with  him.  He  is  gone  to  the  Bath,  and  lies  this  night  at  Mr. 
Johnston's  house  at  Twittenham,  where  it  is  like  new  game  may  be  projected. 
The  Marquis  of  Montrose  is  made  president  of  the  council,  and  I  hope  will  be 
found  very  useful  to  her  Majesty  in  that  station."  2 

Annandale  remained  at  Bath  till  the  month  of  May.  Charles,  fourth 
Earl  of  Traquair,  in  writing  to  Lady  Mary  Maxwell,  his  countess,  observes, 
"  Ther  is  a  great  crowd  of  company  here  already.  My  Lord  Annandale  makes 
the  greatest  figuir  of  any." 3  Annandale  and  his  marchioness,  who  had  been 
residing  at  Lochwood,  were  both  at  Craigiehall,  near  Queensferry,  by  the 
beginning  of  September,  when  Baillie,  in  a  letter  to  the  marquis,  congratulates 
him  upon  his  safe  arrival.      Writing  on  13th  September  from  that  place 

1  Annandale    to    Leveu,   20tli    December       9th    March    1700,   Carstares    State   Papers, 
1705,  vol.  ii.  of  this  work,  p.  236.     Annan-       p.  745. 

dale  to  Baillie,    15th  January    1706,  Jervis- 

wood  Correspondence,  p.  147.  3  Letter,    4th    May    1706,    The    Book   of 

2  The   Earl   of  Seafield   to  Mr.   Carstares,       Carlaverock,  vol.  ii.  p.  168. 


CCCviii        WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,   1672-1721. 

to  Baillie,  Annaudale  says,  "  I  Lave  been  heare  ever  since  I  came  home, 
and  designe  to  continue  heare  till  the  parliament  meett." 1 

The  last  session  of  the  parliament  of  Scotland,  commonly  called  the 
Union  parliament,  was  begun  at  Edinburgh  on  3d  October  1706,  with 
Queensberry  as  commissioner.  Aunandale  was  present  on  the  opening  day. 
During  the  session  he  attended  and  voted  steadily  with  the  Dukes  of  Hamil- 
ton and  Atholl,  and  others,  in  opposition  to  the  union.  On  4th  November, 
in  the  debate  upon  the  first  article  of  the  treaty,  when  the  vote  was  about  to 
be  taken,  he  offered  two  alternative  resolutions  against  an  incorporating 
union  with  England,  which  he  said  would  be  subversive  of  the  fundamental 
constitution  and  claim  of  right  of  the  kingdom,  would  threaten  ruin  to  the 
church  as  by  law  established,  and  would  create  distractions  and  animosities 
among  themselves  and  jealousies  between  them  and  their  neighbours.  His 
resolutions  were  to  the  effect  that  they  enter  into  such  a  union  with  England 
as  would  unite  them  in  their  respective  interests  of  succession,  wars, 
alliances  and  trade,  reserving  to  each  their  sovereignty,  independence, 
immunities,  constitution  and  form  of  government  both  of  church  and  state  as 
then  established.  His  lordship  did  not  press  the  resolutions  upon  the  house, 
knowing  that  they  were  not  acceptable  to  it. 

The  first  article  of  the  union  was  approved  by  parliament.  Annaudale 
recorded  his  vote  against  it,  and  adhered  to  a  protest  made  by  the  Duke  of 
Atholl.2  He  voted  with  the  government  in  favour  of  the  second  article  of 
the  treaty  of  union,  which  made  the  succession  to  the  crown  of  Scotland  the 
same  as  in  England.3  But  he  gave  his  vote  against  the  third  article,  which 
placed  England  and  Scotland  under  one  parliament.  He  also  protested  and 
took  instruments  thereupon,  upon  the  same  ground  as  in  his  previous  protest. 
The  Dukes  of  Hamilton  and  Atholl,  and  the  Earl  of  Errol,  and  many  others, 

1  Jerviswood  Correspondence,  pp.   157,  158. 

2  Acts  of  the  Parliaments  of  Scotland,  vol.  xi.  pp.  312-315.  The  Lockhart  Papers, 
vol.  i.  pp.  182,  183.  J  Acts  of  the  Parliaments  of  Scotland,  vol.  xi.  p.  326. 


THE  TREATY  OF  UNION  RATIFIED  BY  PARLIAMENT,  1707.        cccix 

adhered  to  Annandale's  protest.  The  third  article  of  the  treaty  was 
approved  of  by  parliament.1  In  the  case  of  the  remaining  articles  of  union, 
Annandale  for  the  most  part  voted  against  them.  Indeed,  in  other  matters 
which  came  before  this  parliament,  unless  in  a  very  few  instances,  his 
lordship  voted  with  the  opposition. 

The  treaty  of  union  was  ratified  by  parliament,  and  touched  with  the 
sceptre  on  16th  January  1707.  Lockhart  tells  a  story  about  a  project  of  the 
Duke  of  Hamilton  that  Annandale  should  renew  his  motion  to  settle  the 
succession  of  the  crown  on  the  house  of  Hanover,  and  upon  its  rejection  that 
a  protest  be  made  against  the  union,  and  thereafter  that  the  protestors  should 
leave  the  house  in  a  body.  The  protest,  Lockhart  says,  was  actually  put  into 
the  duke's  hands  by  Annandale.  After  surmounting  a  difficulty  that  arose 
about  any  acknowledgment  of  the  succession  of  the  house  of  Hanover,  which 
the  Duke  of  Hamilton  insisted  upon,  it  was  agreed  to  present  the  protest, 
and  great  numbers  of  eminent  citizens  flocked  about  the  parliament  house ; 
but  the  duke  was  suddenly  seized  with  a  violent  toothache,  and  though  he 
was  dragged  to  the  parliament  house  by  his  friends,  he  refused  to  deliver  the 
protest,  and  inquired  who  the  concert  had  agreed  on  to  do  so.  Lockhart 
insinuates  this  was  done  in  consequence  of  a  visit  of  the  commissioner  the 
night  before,  who  told  him  if  the  treaty  was  let  fall,  England  would  lay  the 
blame  upon  him,  and  he  would  suffer  for  it. 

Though  Annandale  opposed  the  union  when  in  parliament,  he  resolved  to 
do  his  best  to  render  it  beneficial  to  the  country  after  it  had  actually  become 
law.  He  was  not  chosen  one  of  the  sixteen  representatives  of  the  Scottisli 
peerage  by  the  parliament  in  1707.  The  election  to  the  parliament  of  Great 
Britain  which  took  place  at  Holyrood  on  17th  June  1708,  gave  him  an 
opportunity  of  becoming  a  candidate.  He  was  present  in  Holyrood,  and 
offered  a  protest  against  receiving  the  Earl  of  Aberdeen's  list,  because  the 

1  Acts  of  the  Parliaments  of  Scotland,  vol.  xi.  pp.  328-330.  The  Lockhart  Papers,  vol.  i. 
pp.  189,  190. 


CCCX  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

earl,  having  taken  the  oaths  within  the  castle  of  Edinburgh,  was  not  legally 
qualified  to  give  a  vote.  The  votes  obtained  by  Annandale  were  forty- six  in 
number,  and  he  was  omitted  by  the  clerks  in  their  return  of  the  sixteen 
peers.1  Charles,  Earl  of  Sunderland,  congratulated  his  lordship  on  Lord  John- 
stone's return,  and  hoped,  by  means  of  the  protests,  to  bring  the  marquis  also 
into  the  house.  In  response  to  the  earl's  letter,  Annandale  writes  that  "  no 
man  living  will  make  itt  more  his  business  to  make  thiss  present  union  and 
settlement  happie  to  this  nation  then  I  shall  doe,"  now  that  the  kingdoms 
were  united.  He  had  a  great  struggle,  and  had  defeated  his  Grace  of  Dover 
[Queensberry],  for  his  son  was  put  in  for  the  county  of  Dumfries,  and  a 
friend  for  whom  he  could  answer  for  the  district  of  burghs.2  In  another 
letter,  written  about  the  same  time,  he  reverts  to  the  extraordinary  pains 
taken  by  the  Duke  of  Queensberry  and  his  "  shamm  "  ministry  to  exclude 
him  in  particular,  and  to  declare  on  all  occasions  that  any  of  the  peers  was 
more  agreeable  to  them  than  he  could  be,  and  also  to  their  using  of  the  queen's 
name  to  advance  their  own  interest.  Annandale  adds  in  this  letter  that  he 
expected  to  be  in  London  by  the  end  of  August.3  About  this  time  he  wrote 
a  lengthy  letter,  partly  in  defence  of  his  own  conduct,  and  partly  in  depreca- 
tion of  the  conduct  of  the  ministry,  which  he  addressed  to  the  queen.4 

Many  protests  having  been  taken  and  objections  raised  to  the  validity  of 
certain  votes  given  at  the  election  of  representative  peers  already  referred 
to,  Annandale  and  three  other  peers  concluded  that  upon  a  more  accurate 
scrutiny  they  would  be  found  validly  elected.  Preparatory  to  an  appeal  to 
the  house  of  lords  extracts  of  the  official  proceedings  at  the  election  were 
indispensable.  But  to  obtain  these  formed  an  arduous  task.  Writing  to  the 
Duke  of  Newcastle,  Annandale  says,  "  I  am  nott  indeed  retturned  as  one  of 
the  sixteen  peers,  butt  I  think  I  am  more  duelie  chosen  then  severalls  who 

1  Robertson's  Peerage  Proceedings,  p.  36. 

2  Letter,  July  1 70S,  vol.  ii.  of  this  work,  pp.  238,  239. 

3  July  170S,  ibid,  p.  241.  *  Ibid.  pp.  242,  243. 


ELECTED  A  REPRESENTATIVE  PEER,  1708.  CCCxi 

are  retturned,  for  we  have  protestations  and  objections  against  ten  or  twelve 
of  there  proxies  and  voters,  that  wee  think  heare  are  absolutely  weel  founded 
in  law,  and  hope  will  be  sustained  in  the  house  of  peers.  I  shall  presume  to 
give  your  Grace  the  truble  of  sending  you  a  scheme  off  the  whole  election, 
and  off  all  the  protestations  and  objections  and  the  grounds,  soe  soon  as  they 
can  be  gott  reddie."  A  notarial  instrument  drawn  up  by  Mr.  James  Baillie, 
W.S.  and  notary,  narrates  the  various  efforts  made  by  the  four  peers  to  obtain 
from  Sir  James  Dalrymple  and  Mr.  John  M'Kenzie,  clerks  of  session,  deputed 
to  officiate  at  the  election  of  the  sixteen  peers  of  Scotland  to  sit  in  the 
ensuing  parliament  of  Great  Britain,  the  extracts,  lists  and  proxies,  etc. 
After  several  delays,  and  protests  given  both  by  the  four  lords  and  the  two 
clerks  of  session,  the  latter  intimated  to  the  former  that  the  extracts  "  cannot 
warrantably  be  given  by  us." 1 

In  pursuance  of  their  claim,  Annandale,  along  with  the  Earls  of  Sutherland 
and  Marchmont  and  Lord  Eoss,  presented  a  petition  to  the  house  of  lords, 
claiming  that  they  were  elected  to  be  representative  peers  of  Scotland  by  a 
greater  number  of  legal  votes  than  the  Marquis  of  Lothian  and  the  Earls  of 
Wemyss,  Loudoun  and  Glasgow,  and  pointing  out  that  the  clerks,  and  sub- 
sequently the  lord  clerk  register,  had  refused  them  extracts  of  the  minutes 
of  the  proceedings,  etc.  The  petition  was  signed  by  Lords  Annandale  and 
Boss.2  On  the  reading  of  the  petition  the  lords  ordered  the  clerks  appointed 
by  the  lord  clerk  register  to  attend  the  house  on  16th  December  with  all 
papers  relating  to  the  election.  The  Earls  of  Sutherland  and  Marchmont 
subsequently  gave  in  petitions  in  similar  terms.  After  a  scrutiny,  and 
a  recalculation  of  votes,  the  deputy  of  the  clerk  of  the  crown  amended  the 
return  of  the  sixteen  peers  from  Scotland  by  erasing  the  name  of  the  Marquis 
of  Lothian  and  inserting  that  of  the  Marquis  of  Annandale  in  its  place. 
Annandale  was  thus  successful  in  claiming  his  election,  and  became  one  of 

1  Original  Notary's  Instrument  in  Annandale  Charter-chest. 

2  18th  November  170S,  Robertson's  Peerage  Proceedings,  pp.  38-40. 


CCCxii  WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

the  representative  peers  in  the  first  parliament  of  Great  Britain.     He  was 
again  returned  at  the  general  election  of  1710. 

In  the  year  17 11,  his  lordship,  for  the  third  time,  represented  her  Majesty 
as  commissioner  to  the  General  Assembly  of  the  Church  of  Scotland.  In  his 
commission  the  queen  states  that  Annandale's  fidelity  and  sufficiency  were 
abundantly  known  to  her  by  many  testimonies,  and  that  he  was  in  every  way 
qualified  and  fit  to  rightly  exercise  and  undertake  the  high  duties  of  this 
office.  Upon  receiving  his  appointment,  Annandale  embraced  the  opportunity 
of  writing  to  the  queen  directly,  defending  the  presbyterians  against  some 
misrepresentations  that  had  been  made  against  them,  and  suggesting  that  her 
Majesty  should  fortify  his  authority  as  commissioner  by  some  mark  of  her 
royal  favour  such  as  might  encourage  her  friends  there.1 

The  commissioner's  instructions  were  similar  to  those  given  Mm  by  King 
William  in  1701.  His  private  instructions  were  the  same  as  those  given 
him  by  her  Majesty  iii  1705,  allowing  the  approving  of  synod  and  presbytery 
books  though  they  contained  acts  asserting  the  intrinsic  power  of  the  church, 
with  this  addition,  that  he  was  to  endeavour  to  recover  to  the  crown  the 
appointment  of  fasts  and  thanksgivings.2  His  commission  and  instructions 
were  all  dated  at  St.  James's,  20th  April  1711.  The  Eev.  William  Carstares 
was  again  chosen  moderator  of  the  assembly.  Letters  were  written  by  Mr. 
Harley,  secretary  of  state,  and  Charles,  Duke  of  Shrewsbury,  to  Annandale, 
upon  the  harmonious  proceedings  in  the  assembly.  Queensberry  wrote 
direct  to  the  moderator,  expressing  his  pleasure  at  the  assembly's  letter  to  the 
queen,  and  the  care  they  had  taken  that  the  Princess  Sophia  should  be 
prayed  for  by  all  the  ministers  and  in  all  the  congregations.  The  commis- 
sioner wrote  both  to  the  queen  and  to  Mr.  Harley,  secretary  of  state, 
regarding  the  proceedings  and  conclusion  of  the  assembly,  eulogising  the 
good  temper  and  loyalty  the  members  had  displayed  in  all  their  proceedings. 
Mr.  Harley,  now   created   Earl  of   Oxford,  offered  his   congratulations  to 

1  April  1711,  vol.  ii.  of  this  work,  p.  244.  2  Ibid.  pp.  22,  23. 


MAKES  A  TOUR  ON  THE  CONTINENT,   1712.  cccxiii 

Annandale  on  his  conduct  in  the  assembly.1  A  few  months  afterwards,  the 
Earl  of  Oxford  proffered  to  Annandale  the  position  of  chamberlain  and  chief 
commissioner  on  trade.  But  the  offer  was  declined  on  the  ground  that  he 
knew  nothing  of  the  business  of  these  offices,  and  that  he  would  never 
engage  in  any  part  of  the  queen's  service  in  which  he  was  so  little  capable  to 
serve  her.  He  said  he  had  been  summarily  turned  out  of  office  the  year 
before  the  union,  and  so  ill  used  by  the  late  ministry  that  he  had  to  refuse 
the  post  of  president  of  council,  and  he  could  not  be  useful  to  the  queen 
unless  he  were  in  some  settled  and  fixed  post  in  her  service.2 

If  reports  current  at  the  time  are  to  be  trusted,  Annandale  was  again,  in 
1712,  offered  the  office  of  commissioner  to  the  assembly.  But  he  declined  it, 
at  the  same  time  using  the  freedom  to  tell  the  queen  when  she  spoke  to  him 
upon  it  that  he  would  willingly  serve  her  in  that  capacity,  but  when  he  last 
did  so,  he  had  so  assured  the  ministers  of  absolute  security  to  their  constitu- 
tion that  he  was  ashamed  to  look  them  again  in  the  face,  considering  the 
encroachments  which  had  since  fallen  out  upon  them.3  The  patronage  bill 
which  had  just  passed  in  parliament  is  no  doubt  the  principal  encroachment 
which  Annandale  has  here  in  view.  It  was  now  found  difficult  to  get  any 
one  to  accept  of  the  office.  The  Duke  of  Atholl,  and  the  Earls  of  Eglinton 
and  Dunmore,  were  successively  offered  it,  and  refused  it.  The  Duke  of 
Atholl  was,  however,  ultimately  appointed. 

As  no  suitable  post  could  be  obtained  for  Annandale,  his  lordship 
determined  to  make  a  tour  on  the  Continent.  For  this  purpose,  he  received 
a  pass  from  Arnold  Juste,  Comte  d' Albemarle,  Vicomte  Bury,  etc.,  governor 
of  Tournay,  with  an  order  for  an  escort  to  protect  him  against  robbers  in  his 
journey  to  Aix-la-Chapelle.4 

From  a  letter  of  his  marchioness,  written  in  July  of  this  year,  it  appears 

1  24th  June   1711,  vol.   ii.  of  this   work,  3  Wodrow's  Analecta,  vol.  ii.  p.  35. 

p.  250.  4  Original  Pass,  dated  Camp  d'Auchin,  2Gth 

2  Letter,  November  1711,  ibid.  p.  252.  May  1712,  in  Annandale  Charter-chest. 
VOL.  I.  2  K 


CCCXlV        WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

that  Annandale  stayed  at  Spa  for  some  time,  whence  he  meant  to  go  to 
Hanover,  and  from  thence  to  Germany  and  Italy.  When  she  wrote  the 
letter  she  had  heard  from  Mr.  Baillie  that  her  husband  was  to  be  appointed 
lord  clerk  register.  But  in  the  communication  she  had  received  from  the 
Spa  there  was  not  a  word  of  such  an  offer  from  the  court.     This,  she  says, 

"  I  cannot  reconcile  with  the  treaty  you  know  has  been  on  foot  this  great 
while,  much  less  with  the  last  accounts  we  had  of  Argyle's  pleading  the  queen's 
promise  to  make  him  register  before  he  went  to  Spain,  and  the  treasurer  and 
Kinoul's  yielding  to  it,  and  that  I  find  every  body  writes  of  it  as  a  thing  done."  1 

Annandale  did  not  get  the  appointment  in  question.  The  Earl  of  Glasgow, 
who  was  then  lord  clerk  register,  continued  to  hold  the  office  till  the  accession 
of  George  the  First  in  1714.  Annandale  received  favourable  consideration 
from  the  Electress  Sophia,  who  wrote  recommendatory  letters  for  him  to  the 
courts  of  Berlin  and  Wolfenbiittel.  With  his  reception  at  these  courts  he  was 
well  pleased.  He  also  proceeded  to  Vienna,  to  which  place  the  letter  of  the 
electress  was  directed.2  The  marquis  prolonged  his  stay  in  Italy  and  other 
parts  of  the  Continent  for  about  two  years.  He  was  at  Borne  in  May  1713  ; 
and  at  Florence  in  July  of  the  same  year.  His  wife,  writing  in  May  of 
the  next  year,  1714,  observes  she  did  not  expect  his  return  so  soon  as  some 
of  his  friends  did.  It  had  been  reported  that  the  family,  who  were  with  him 
the  previous  winter,  were  returned  alone,  and  she  says,  "  you  may  gess  by 
that  if  his  return  be  soon  from  Lyons,  and  seemed  positive  to  go  to  Geneva," 
and  she  requests  all  his  friends  to  try  to  bring  him  over.3  The  marchioness 
at  this  time  resided  sometimes  at  Moffat  and  sometimes  at  Craigiehall,  and 
was  ordered  by  the  physicians  to  spend  the  winter  of  1713-14  at  Bath. 
Annandale  did  not  long  remain  abroad  after  this.  As  previously  pointed 
out,  he  intended  to  visit  Hanover.     With  that  in  view,  in  the  summer  of 

1  Annandale  Peerage  Minutes  of  Evidence,  1S76,  p.  210. 

2  Letter  of  Electress,  19th  November  1712,  vol.  ii.  of  this  work,  p.  24. 

3  Letter,  Moffat,  17th  May  1714,  Annandale  Peerage  Minutes  of  Evidence,  1876,  p.  213. 


MADE  LORD  KEEPER  OF  THE  PRIVY  SEAI ,   1714.  CCC.w 

1714,  lie  sent  a  letter  with  Mr.  Shellcross  to  Mr.  Kobethon,  informing  him  of 
his  projected  visit.  Mr.  Robethon,-  in  replying  to  his  lordship's  letter  on  3d 
August  1714,  advised  him  against  making  the  visit  then,  as  the  court  was 
much  changed  since  the  decease  of  the  Electress  Sophia,  and  meant  to  go  to 
Gohre  at  the  end  of  September,  where  no  strangers  were  admitted,  and,  in 
the  absence  of  the  court,  Hanover  was  the  dullest  place  in  the  world.  Both 
tbe  prince  and  elector  were,  he  said,  exceedingly  obliged  for  the  zeal  which 
the  marquis  manifested  for  their  interests.1 

Annandale  now  returned  home  by  way  of  Paris,  where  he  remained  during 
August  and  September  1714.  Lady  Lucie  Stuart,  in  letters  written  from 
Paris,  to  her  mother,  Mary,  Countess  of  Traquair,  mentions  visits  paid  to  her 
and  her  sister  by  the  Marquis  of  Annandale,  the  Earl  of  Carnwath,  and  others.2 
On  the  21st  of  December  the  marquis,  in  very  good  health,  set  out  from 
London  on  his  return  to  Scotland,  where  he  shortly  after  arrived  in  safety.3 

CHAPTER  FIFTH. 

Made  Lord  Privy  Seal,  1714 — Rebellion  of  1715 — Rising  at  Dumfries — Meeting  with  Simon, 
Lord  Lovat — Escapes  from  the  Jacobites — Defends  the  burgh — Correspondence  with 
Brigadier-General  Stanwix — King  George  well  satisfied  with  his  conduct — Death  of 
the  Marchioness  Sophia — Marriage  with  Charlotta  Vanden  Bempde  -The  Marquis's 
death  and  burial,  1721. 

Queen  Anne  died  on  1st  August  1714,  and  was  succeeded  by  King  George 
the  First,  to  whose  interest  Annandale  cordially  and  unhesitatingly  adhered. 
The  loyalty  which  Annandale  showed  to  the  new  monarch  on  his  succession 
was  highly  appreciated  by  his  Majesty,  who  immediately,  on  24th  September, 
appointed  him  lord  keeper  of  the  privy  seal,  and  Annandale  a  few  days  later 
took  the  oaths  and  his  seat  as  a  privy  councillor.  He  thereafter  concurred 
with  thirty-two  other  Scottish  peers  in  a  representation  made  to  King  George 

1  Hanover,  3d  August  1714,  vol.  ii.  of  this  work,  p.  253. 

2  The  Book  of  Carlaverock,  vol.  ii.  pp.  1S5,  192. 

3  Letter,  Archibald  Johnstone,  London,  to  the  Marchioness,  dated  23d  December  1714, 
iu  Annandale  Charter-chest. 


cccxvi         WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

complaining  that  they  were  deprived  of  the  hereditary  share  of  the  legislature 
which  they  had  formerly  enjoyed,  by  being  declared  incapable  of  patents  of 
honour,  with  right  to  sit  and  vote  in  parliament.  On  3d  March  1715, 
Annandale  was  elected  one  of  the  sixteen  representative  peers  of  Scotland. 

King  George  was  scarcely  a  year  upon  the  throne  when  the  Jacobite  rising 
of  1715  took  place.  Prompt  steps  were  taken  by  the  government  to  quell  the 
insurrection.  One  of  these  was  the  appointment  of  lord-lieutenants  of  the 
shires  of  Scotland.  Annandale,  who  exerted  himself  zealously  against  the 
rebellion,  was  appointed  lord-lieutenant  and  commander-in-chief  over  the 
shires  of  Dumfries,  Kirkcudbright,  and  Peebles.  His  commission,  which  is 
under  the  union  seal,  and  is  dated  at  St.  James's,  on  19th  August  1715,  grants 
to  him  the  usual  powers.1  The  Jacobite  standard  was  formally  raised  in  the 
beginning  of  September.  An  important  part  of  their  plaus  was  to  surprise 
Annandale,  seize  his  person,  and  then  take  the  town  of  Dumfries.  In  none 
of  these  designs  did  they  succeed.  While  Annandale  was  on  his  way  to 
Dumfries  he  was  surprised  by  a  party  of  the  rebels  numbering  two  hundred 
well-mounted  horse,  commanded  by  the  Earls  of  Nithsdale,  Winton,  and 
Caruwath,  the  Viscount  of  Kenmure,  and  other  noblemen  and  gentlemen,  who, 
as  Annandale  expresses  it,  were  "  providentially  prevented  "  in  their  attempt 
to  capture  him.  Provost  Corbett  of  Dumfries,  having  intimation  from  the 
lord  justice-clerk  of  the  intentions  of  the  rebels  with  regard  to  that  town, 
took  all  necessary  steps  for  its  defence.  On  12th  October,  he  sent  Bailie 
Corrie,  who  was  accompanied  by  Mr.  Fraser,  brother  to  Lord  Lovat,  to  Annan- 
dale to  acquaint  him  with  the  news  he  had  received. 

Major  Fraser,  one  of  Lovat's  attendants,  who  seems  to  be  the  person  men- 
tioned by  Provost  Corbett  as  accompanying  Bailie  Corrie,  in  going  to  meet  the 
lord-lieutenant,  found  him  on  the  way  hard  pressed  by  Kenmure.  On  return- 
ing to  Dumfries  and  relating  the  hazardous  position  of  the  lord-lieutenant,  a 
party  was  sent,  who  escorted  him  to  the  town,  where  he  had  a  courteous  and 

1  Original  corninissiou  in  Aunandale  Charter-chest. 


ANNANDALE  TAKES  MEASURES  TO  DEFEND  DUMFRIES,   1715.       CCCXV'ii 

partly  convivial  meeting  with  Lord  Lovat.  The  insurgents,  however,  being 
defeated  in  their  first  object,  and  now  desiring  to  obtain  possession  of  Dum- 
fries, came  close  to  the  town,  and  created  no  small  alarm.  Major  Fraser 
describes  what  took  place.     He  says  : — 

"  No  sooner  the  cloth  was  laid  on  the  table,  a  cry  came  to  the  door  that  the 
enemy  was  entering  the  town — namely,  Kenmure  and  his  party.  My  Lord  Lovat 
left  dinner,  and  came  up  with  the  Marquis  of  Annandale,  who  stood  with  his 
whole  party  upon  a  rising  ground  at  the  end  of  the  town.  The  marquis  told 
the  Lord  Lovat  that  he  was  very  glad  of  his  coming,  seeing  he  had  more  skill 
to  model  his  horse  and  foot,  having  been  in  the  army.  Lord  Lovat  and  the  major 
were  putting  them  in  the  best  order  they  could.  Countrymen  were  coming  in 
from  all  parts,  telling  the  enemy  was  coming  in  this  way  and  that  way.  The 
marquis  ordered  so  many  men,  with  axes,  to  hew  down  a  good  many  trees  by  way 
of  barricade.     In  end  they  were  wearied  standing  there,  and  no  enemy  appearing."1 

On  13th  October  the  rebels,  with  increased  numbers,  again  approached 
Dumfries  and  came  within  a  mile  of  it.  But  by  this  time  the  people  of  the 
adjacent  parishes  and  the  well-affected  gentlemen  of  Galloway  were  come  in 
considerable  numbers  to  the  defence  of  the  place,  although  they  were  lacking 
in  arms,  ammunition,  and  officers.  These,  with  the  inhabitants  of  Dumfries, 
finding  the  Jacobites  afraid  to  attack  them,  insisted  on  making  an  attack  on 
their  headquarters  at  Lochmaben.  This  the  lord-lieutenant  deprecated,  and, 
calling  a  meeting  of  the  clergy,  then  assembled  in  synod,  he  delivered  an 
address  to  them  and  to  the  people,  praising  the  zeal  that  had  brought  them 
together,  but  pointing  out  that  they  were  yet  without  officers  and  discipline. 
He  added,  that  in  the  contest  the  first  success  or  failure  told  upon  the  spirits 
of  the  party  greatly  beyond  its  real  value ;  that  their  enemy,  engaged  in  a 
desperate  cause  and  better  horsed  and  armed  than  themselves,  should  not  be 
despised  ;  they  might  yet  get  possession  of  Dumfries,  become  masters  of  the 
south  of  Scotland,  and  obtain  a  formidable  impulse  to  their  bad  cause.  These 
sentiments  were  subsequently  addressed  to  the  troops,  and  received  with  huzzas. 

1  Major  Fraser's  narrative,  quoted  in  Burton's  History  of  Scotland,  vol.  ii.  p.  154. 


CCCXVlii      WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 

Annandale  corresponded  with  different  parts  of  the  country  at  this  junc- 
ture, and  some  of  the  almost  daily  letters  which  he  received  and  despatched 
during  the  greater  part  of  October  and  first  week  of  November  are  printed  in 
this  work.  The  correspondence  includes  letters  from  General  Stanwix, 
Viscount  Lonsdale,  the  Viscount  of  Townshend,  and  others,  which  show  the 
movements  and  designs  of  the  two  opposing  forces  in  the  country.1  They 
relate  among  other  things,  that  the  rebels  had  a  design  upon  Newcastle, 
which,  being  an  open  town  and  much  exposed,  and  also  not  well  affected  to 
the  government,  was  thought  to  be  a  favourable  place  to  attack.  But  tbey 
were  disappointed,  as  the  place  was  well  defended  both  by  foot-soldiers  and 
dragoons.  Carlisle  again  was  fortified,  and  it  also  had  a  strong  garrison. 
Viscount  Lonsdale,  who  commanded  there,  promised  Annandale,  in  case  he 
was  attacked,  to  join  him  with  four  or  five  hundred  men  armed  with  such 
weapons  as  the  country  people  could  get.  General  Stanwix  also  promised 
him  what  assistance  he  could  for  the  public  safety.  Holy  Island,  where  there 
were  stores  of  arms  and  ammunition,  was  captured  by  a  ship  sailing  from 
France,  but  it  was  immediately  recaptured  by  a  force  from  Berwick. 

Annandale  left  Dumfries  and  went  to  Edinburgh  on  20th  October,  leaving 
the  deputy-lieutenants  in  charge  in  his  absence.2    . 

The  Viscount  of  Stormont  wrote  to  Annandale  offering  to  surrender  to 
him.  His  letter  is  dated  20th  October,  and  overtook  Annandale  on  his  way 
to  Edinburgh.  The  latter  replied  that  if  he  had  known  anything  of  his 
design  he  would  have  stayed  at  Dumfries.  But  if  Stormont  surrendered  to 
him  or  his  deputies  he  would  use  his  interest  to  recommend  his  early  sub- 
mission to  his  Majesty.3  The  Viscount  did  surrender  himself,  and  was 
detained  by  Annandale. 

Dumfries  was  again  threatened  by  the  rebels.     This  was  in  the  beginning 

1  Vol.  ii.  of  this  work,  pp.  254-263. 

2  Annandale  to  Stanwix,  19tb  October  1715,  ibid.  p.  261. 

3  Letters,  20  th  October,  ibid.  p.  264. 


KING  GEORGE  SATISFIED  WITH  ANNANDALE,   1715.  CCCX1X 

of  November ;  and  an  account  of  what  happened  is  given  in  the  volume  of 
correspondence.  The  rebels,  finding  that  the  force  at  Dumfries  would  stand 
their  ground,  did  not  make  the  threatened  attack ; 1  and  the  defeat  of  the 
Jacobite  army  at  Preston,  on  12th  November  1715,  rendered  all  other 
measures  of  defence  on  the  side  of  the  Borders  unnecessary.  Annandale 
received  a  letter  of  thanks  from  the  Viscount  of  Townshend,  then  secretary 
of  state,  who  informed  him  that  he  had  laid  a  letter  of  Annandale's  of 
the  3d  before  the  king,  who  was  very  well  satisfied  with  tbe  particular 
account  his  lordship  gave  of  the  state  of  his  part  of  the  country,  and  the  zeal 
his  lordship  expressed  for  his  Majesty's  service,  and  stated  that  Lis  Majesty 
approved  very  much  of  his  lordship  making  the  Viscount  of  Stormont 
prisoner.  With  this  commendation  from  the  king  the  connection  of  Annan- 
dale  with  the  active  progress  of  the  campaign,  appears  to  have  terminated. 

The  mansion-house  of  Craigiehall,  near  Edinburgh,  being  the  paternal 
inheritance  of  the  marchioness,  was  a  convenient  additional  residence  for 
Annandale  after  her  succession  to  the  Craigiehall  estates.  An  old  lease  of 
the  gardens  at  Craigiehall  shows  the  care  which  she  desired  to  bestow  on 
their  preservation.  The  lease  referred  to  was  entered  into  by  the  marchioness, 
as  having  commission  from  her  husband,  with  Mark  Coulter,  gardener  in 
Abbey  Hill,  by  which  she  let  to  him  for  a  year  the  gardens  and  two  rooms 
in  the  house  upon  the  garden  wall,  for  all  which  Coulter  bound  himself  to 
keep  the  gardens,  with  the  parterre  or  flower-garden,  and  the  bowling-green, 
in  as  good  condition  as  they  were  in  at  his  entry.2 

The  health  of  the  marchioness  at  the  date  of  the  lease  of  her  gardens  now 
referred  to,  and  indeed  for  several  years  previous,  was  in  a  precarious  state, 
and  required  her  residence  in  England.  During  the  summer  of  1716,  she 
appears  to  have  gone  there,  but  without  any  improvement.  She  died  on  the 
13th  of  December  1716,  and  was  buried  in  the  south  cross  of  the  abbey  of 

1  Vol.  ii.  of  this  work,  p.  266. 

2  Original  lease,  dated  20th  March  1716,  in  Annandale  Charter-chest. 


CCCXX  WILLIAM,  FIRST  MARQUIS  OJF  ANNANDALE,  1672-1721. 

Westminster  on  the  18th  of  the  same  month.  A  suitable  monument  was 
afterwards  erected  by  her  eldest  son,  James,  second  Marquis  of  Annandale, 
to  commemorate  her  memory.  The  monument  was  executed  by  James  Gibbs, 
architect,  and  bears  the  following  inscription : — 

"^Eternse  memorise  sacrum  lectissimse  matronse  D.  Sophia;  Fairholm,  Annandiae 
MarchionissEe,  Scotia  ortas,  cujus  ingenii  morumque  elegantia,  cum  eximia  corporis 
forma  certabat,  matris  uxorisque  laudibus  inelytse,  tam  diligentis  autem  matris 
familias  ut  oblatam  rerum  domesticarum  molem  animo  virili  et  uegotio  pari  sus- 
tinuerit ;  tot  denique  virtutibus  ornatas  ut  vitam  summa  omnium  cum  admiratione 
morte  omnibus  deplorata  finiverit :  Monumentum  hoc  qualecunque  pietatis  gratique 
animi  indicium  moerens  posuit  Jac.  Jo.,  fil[ius]  nat[u]  maxpmus],  Annandise 
Marchio.     Obiit  13  Decembris,  anno  D.  1716.     ^tatis  49." x 

On  the  same  monument  are  inscriptions  to  Lord  William  Johnstone,  and 
James,  second  marquis,  both  interred  in  the  abbey,  but  the  latter  in  the  north 
cross  thereof. 

"  Hie  etiam  jussu  ejusdem  Marchionis  reconditse  sunt  reliquiae  D.  Gulielmi 
Johnston,  fratris  sui  charissimi,  et  filii  natu  secundi  dictse  Marchionissae,  qui  obiit 
24°  Dec.  1721,  Anno  astatis  26.  Ja.  Gibbs,  archi." 

"  Near  this  place  is  also  interred  James,  Marques  of  Annandale,  a  nobleman 
of  great  parts  and  many  excellent  qualities,  who  died  at  Naples,  21st  February 
1730."2 

After  the  lapse  of  two  years  the  marquis  entered  into  a  second  matri- 
monial alliance  with  Charlotta  Vanden  Bempde,  only  daughter  of  John 
Vanden  Bempde  of  Hackness,  by  Temperance,  daughter  of  John  Packer,  with 
whom  he  acquired  considerable  property.  The  marriage  was  celebrated  on 
20th  November  1718.  A  bond  of  provision  was  granted  by  the  marquis  to 
"  his  beloved  spouse,"  Charlotta,  Marchioness  of  Annandale,  for  the  yearly  sum 
of  £1000   sterling  to   be   paid  to  her,  after   the  marquis's  decease,  if  he 

1  The  Register  of  Burials  in  Westminster  Tuesday  the  18th  December  1716."    [Annan- 
Abbey   contains   the   entry,    "The   Honbl°.  dale   Peerage   Minutes   of    Evidence,    1880, 
Sophia,    Marchionesse     of    Annandale,    was  p.  1030.] 
buried  in  the  south  crosse  of  the  abbey  on  -  Hid.  p.  1030. 


DEATH   AND    BURIAL    OP   ANNANDALE,    1721.  CCCXxi 

happened  to  predecease  her.  Sasine  was  taken  upon  this  heritable  bond 
on  the  various  lands  enumerated,  at  the  mansion-house  of  Lochwood,  on 
the  6th  of  March  171 9.1  After  the  death  of  Marquis  William,  this  bond  was 
contested  by  Marquis  James,  his  son  and  successor.  The  contest  was  carried 
to  the  house  of  lords,  who  decided  in  favour  of  the  marchioness. 

Marquis  William  executed  his  last  will  and  testament  at  Whitehall, 
Westminster,  on  29th  December  1720,  in  which,  to  enable  his  marchioness 
to  educate  and  bring  up  Lord  George,  or  any  other  children  of  the  marriage, 
suitably  to  their  rank  and  quality,  he  appointed  Charlotta,  Marchioness  of 
Annandale,  his  spouse,  to  be  his  sole  executrix  and  universal  legatrix ;  the 
will  was  only  to  continue  during  her  widowhood  ;  and  she  became  bound  to 
pay  his  lawful  executory  and  personal  debts.2 

After  the  making  of  his  will,  the  marquis  went  to  Bath,  where  he  died 
on  the  14th  of  January  1721.  The  will  iu  express  terms  ordained  his  body 
to  be  decently  interred  in  the  kirk  of  Johnstone,  the  burial-place  of  his 
ancestors,  without  pomp  or  ostentation.  This  direction  was  carried  out,  and 
the  marquis's  body  was  interred  at  Johnstone  kirk.3  The  marchioness 
afterwards  married  Colonel  John  Johnstone,  a  son  of  Sir  William  Johnstone 
of  Westerhall.     She  died  at  Bath,  23rd  November  1762. 

The  children  of  the  marquis  both  by  his  first  and  second  marriage  are 
enumerated  in  the  tabular  pedigree  in  this  work.  Lord  John  Johnstone, 
the  younger  son  of  the  first  marquis  by  his  second  marriage,  made  a  gift  on 
2d  August  1739,  of  two  pictures  of  King  William  and  Queen  Mary  to  the 
town  council  and  magistrates  of  Dumfries,  from  a  sense  of  the  respect  that 
had  been  shown  by  the  magistrates  and  council  to  the  family  of  Marquis 
George  and  to  himself  in  particular.     These  pictures  were  cordially  accepted 

1  Copy  bond  of  provision  and  instrument  3  The  expense  connected  with  the  fuueral 
of  sasine,  in  Annandale  Charter-chest.                  amounted    to    ,£494,    4s.    SJd. ,   which    the 

dowager-marchioness  was  held  to  be  liable  for 

2  Annandale  Peerage  Minutes  of  Evidence,       by  the  lords  of  session.     [Papers  in  Annan- 
1S7S,  p.  696.  dale  Charter-chest.] 

VOL.  I.  2  S 


CCCXXli        WILLIAM,  FIRST  MARQUIS  OF  ANNANDALE,  1672-1721. 


by  the  provost  and  magistrates  of  the  burgh,  and  appointed  to  be  fixed  and 
put  up  in  the  council  house,  where  they  still  remain.1  The  earlier  history  of 
these  two  portraits  is  unknown. 

Among  the  collection  of  family  portraits  at  Kaehills  is  one  of  Annan- 
dale  by  the  well-known  and  distinguished  artist,  Sir  Godfrey  Kneller.  The 
portrait  is  now  somewhat  dim.  A  mezzotint  engraving  from  this  also 
exists  at  Raehills.  It  consists  of  head  and  bust,  represented  with  a  long 
flowing  wig  of  the  period,  and  in  the  official  robes  of  president  of  the 
council.  The  face  is  fine,  and  bears  out  the  accounts  of  his  handsome 
appearance.     A  collotype  of  the  portrait  is  included  in  this  work. 

1  Annandale  Peerage  Minutes  of  Evidence,  1825,  pp.  73-75. 


CCCXX111 


TABULAR   GENEALOGY 


OF  THE 


JOHNSTONES  OF   JOHNSTONE, 
EARLS  AND  MARQUISES  OF  ANNANDALE. 


I. — JOHN,  who  gave  name  to  Johnston  or  Johnstone,  in  the  parish  of  Johnstone,  in  the  lordship  of  Annandale  and 
shire  of  Dumfries.  Gilbert,  son  of  John,  is  named  in  writs  dated  after  1194,  and  John  must  therefore  have  been 
a  prominent  settler  before  that  date,  c.  1170-1194.     I 

II.— SIR  GILBERT  JOHNSTONE,  Knight,  op  Johnstone.  He  appears  first  as  Gilbert,  son  of  John,  after 
1194  as  a  witness  to  a  charter  by  William  de  Brus,  grandfather  of  Robert  Bruce,  the  competitor  for  the 
Crown  of  Scotland,  to  Adam  of  Carlyle.  About  the  same  date  he  received  land  in  Warmanby  and  in  Annan, 
resigned  in  his  favour  under  the  designation  of  Gilbert,  son  of  John,  by  Dunegal,  son  of  Udard.  He  still  held 
the  same  designation  in  an  agreement  dated  11th  November  1218.  Iu  later  writs  he  is  styled  "Gilbert  de 
Jonistun"  and  "  Sir  Gilbert  de  Jonestun,"  circa  1230,  when  he  held  the  rank  of  knighthood.  He  died  before 
1249.     He  was  probably  the  father  of 

III. —GILBERT  OF  JOHNSTONE,  who  in  July  1249,  along  with  the  Earl  of  Menteith  and  Buchan  and  others,  is  a 
witness  to  a  grant  to  Sir  Robert  Bruce  (the  competitor)  of  the  lands  of  Ecclefechan.  This  Gilbert  was 
apparently  the  father  of 

I V.— 1.  SIR  JOHN  JOHNSTONE,  Knight,  of  the  county  of  Dumfries,  who  swore  fealty  to  the  English  king, 

28th  August  1296. 

IV.— 2.  GILBERT  OF  JOHNSTONE,  who  swore  fealty  to  King  Edward  on  28th  August  1296  at  Berwick. 
He  obtained  from  King  Robert  the  Bruce,  in  or  about  1309,  lands  in  the  county  of  Lanark. 
I 

V.— 1.    JOHN     JOHNSTONE,        V.— 2.  GILBERT  OF  JOHNSTONE,  who  is  first  named  as  a  witness  in  a  char- 
who  is  named  as  a  witness  in  ter  by  Thomas  Randolph,  Earl  of  Moray,  Lord  of  Annandale  and  Man,  in 

a  charter  dated  between  1312  favour  of  William  Murray,  of  the  lands  of  Cumlongan  and  Ruthwell.     His  lands 

and    1332.      Of   him   nothing  of  Brackanthwaite  were  iu  1333  bestowed  by  King  Edward  the  Third  upon 

further  has  been  traced.  Henry  Percy.     Iu  1347  he  was  present  at  au  inquest  at  Lochmaben,  and  he 

is  said  to  have  died  about  1370.     He  was  succeeded  by 


I 
VI. — SIR  JOHN  JOHNSTONE,  one  of  the  most  active  leaders  on  the  Borders,  and  one  of  the  wardens  of  the  West 
Marches.  Sir  John  made  stout  resistance  to  the  Euglish  between  1377  and  1379.  He  had  safe-conducts  to 
England  in  13S3  and  1385.  In  1385  he  received  300  francs  d'or  of  the  French  subsidy  brought  by  Sir  John  de 
Vienne.  In  1398  he  was  one  of  the  conservators  of  the  truce  on  the  Borders.  He  died  before  the  year 
1413,  and  was  succeeded  in  Johnstone  by  his  son 

VII.— ADAM  JOHNSTONE  of  Johnstonk,  who  was  laird  of  Johnstone  before  1413,  when  he  received  a  safe-conduct 
into  England.  He  took  part  in  the  battle  of  Sark  on  23d  October  1448,  and  he  was  afterwards  one  of  the 
conservators  of  peace  on  the  Borders.  He  died  before  May  1455.  He  married,  after  1433,  Janet  Seton,  widow 
of  William  Seton  (son  of  Sir  John  Seton),  and  mother  of  George,  first  Lord  Seton.  He  had  issue,  so  far  as 
ascertained  by  charter  evidence, 


CCCXX1V      TABULAR  GENEALOGY  OF  JOHNSTONES  OF  JOHNSTONE  AND  ANNANDALE. 


I 
VIII.— JOHN  JOHNSTONE  of  John- 
stone, who  succeeded  his  father  1455. 
He  was  present  at  the  battle  of  Arkin- 
holm,  1st  May  1455.  He  took  part 
against  the  Douglases,  and  in  the  royal 
expedition  against  their  castle  of 
Tkreave  in  Galloway.  He  was  engaged 
in  the  battle  of  Lochmaben,  22d  July 
14S4.  The  name  of  his  wife  is  doubt- 
ful, unless  Janet  Herries,  the  mother  of 
his  son  John,  was  his  wife.  He  is  last 
mentioned  in  February  1492-93.  He 
had  issue.  | 


I  I 
Gilbert  Johnstone,  who  is  stated  to  have 
been  a  son  of  Adam,  laird  of  Johnstone. 
He  obtained,  through  his  wife,  Agnes 
Elphinstone,  the  lands  of  Elphinstone, 
in  East  Lothian,  and  was  ancestor  of 

the    JOHNSTONES     OF     ELPHINSTONE,    a 

family  now  extinct  in  the  male  line. 

Patrick  Johnstone,  who,  in  a  writ, 
dated  17th  March  1467,  is  described 
as  a  brother  [uterine]  of  George,  Lord 
Seton. 


I  I 
Archibald  Johnstone. 
John  Johnstone  of  that  Ilk 
names  his  brother  Archi- 
bald one  of  his  bailies,  in 
precept,  dated  22d  Novem- 
ber 1476. 

William  Johnstone,  also 
named  between  1475  and 
1481  as  a  brother  of  John, 
laird  of  Johnstone,  but  he 
was  then  deceased,  s.p. 


IX.— JAMES  JOHNSTONE,  Younger,  of  John- 
stone. On  8th  June  1478  he  received  from  his 
father  an  annual  rent  of  five  rnerks  Scots  from  a 
tenement  in  Dumfries.  He  appears  to  have 
predeceased  his  father.     He  had  issue. 


John,  who  received  Wamphray  from  his  A   daughter,   appa- 

father  in  November  1476.     He  appears  to  rently  married  to 

have  had  a  son  John,  laird  of  Wamphray,  Archibald       Car- 

in  1511  and  1513,  who  married  Katheriue  ruthers  of  Mous- 

Boyle,  and  died  s.p.  wald. 


X.— 1.  JOHN  JOHNSTONE  of  John- 
stone, who  was  infeft  in  Johnstone  and 
others  on  13th  September  1484,  died 
before  24th  May  1488,  without  issue, 
when  his  brother  Adam  was  infeft  in 
Johnstone,  etc. 


X.— 2.  Sir  ADAM  JOHNSTONE  of  Johnstone.  He  is  referred  to  on 
13th  February  1489-90  as  brother  and  heir  of  the  late  John  Johnstone 
of  that  Ilk.  He  was,  in  1498,  concerned  in  an  attack  on  the  house  of 
Glendinning.  He  died  before  2d  November  1509.  The  name  of  his 
wife  was  Marion  Scott,  widow  of  Archibald  Carruthers,  younger  of 
Mouswald.     He  had  issue,  apparently  two  sons. 


I 
XL— JAMES  JOHNSTONE  of  Johnstone,  who,  in  1504,  was  surety  for  his  father, 
and  probably  of  age.  He  had,  on  2d  November  1509,  a  charter  from  King  James 
the  Fourth  of  the  lands  of  Johnstone  and  others,  apprised  for  justiciary  fines 
due  by  his  father  Adam.  In  1510  he  had  a  charter  from  King  James  the  Fifth  of 
the  lands  of  Whitrigs  and  others  in  the  lordship  of  Come.  In  1523  he  was  one 
of  the  keepers  of  the  West  Marches.  He  died  in  August  1524.  His  wife  was 
Mary,  eldest  daughter  of  John,  fourth  Lord  Maxwell.     He  had  issue. 


William  Johnstone,  brother 
of  James  Johnstone  of  that 
Ilk,  9th  March  1519-20.  This 
William  is  not  named  in 
the  Johnstone  entail  of  1543, 
and  probably  died  s.p. 


XII.— JOHN  JOHNSTONE  of 
Johnstone,  born  1507,  succeeded 
his  father  in  1524.  On  2d  March 
1542-3,  he  obtained  a  crown 
charter  erecting  his  lauds  into 
the  Barony  of  Johnstone,  and 
entailing  them  upon  himself  and 
his  sons  James  and  Robert,  and 
upon  his  brothers  Adam,  William, 
John,  and  Simon  Johnstone, 
successively.  He  is  frequently 
named  as  responsible  for  his 
clan  to  the  government.  He 
died  on  8th  November  1567. 
He  was  twice  married,  first,  to 
Elizabeth  Jardine,  who  died  in 
December  1544  ;  secondly,  to 
Nicola  Douglas,  daughter  of 
James  Douglas  of  Dnmilanrig. 
He  had  issue. 


I  I  I 
Adam  Johnstone  of  Corrie,  to 
whom  his  father  granted  the  lands 
of  Corrie.  He  is  named  in  his 
brother's  entail  of  1542-3.  He 
died  in  1544.  He  left  issue  a  son 
James,  whose  grandson,  George, 
resigned  his  rights  in  1623  to  Sir 
James  Johnstone  of  Johnstone, 
for  the  lands  of  Girthhead.  The 
male  line  of  Adam  Johnstone 
ended  in  1750,  when  the  John- 
stones  of  Corrie  and  Girthhead 
were  represented  by  four  co- 
heiresses.  . 

William  Johnstone,  who  is  named 
in  his  brother's  entail  of  date  2d 
March  1542-3,  and  also  in  a  con- 
tract dated  in  1558.    He  died  s.p. 

John  Johnstone,  designated 
brother-german  of  his  three  elder 
brothers  in  the  Crown  charter  of 
1542-3.  He  is  also  referred  to  in 
December  1543. 


I  I  I  I ;  : 

Simon  Johnstone,  named  in  the  entail  of 
1542-3.  In  1546  he  resigned  the  lands  of 
Eremynie,  in  Crossmichael,  in  favour  of 
his  brother  John  Johnstone  of  Johnstone. 

James  Johnstone.  He  died  before  1561, 
leaving  issue  by  his  wife  Margaret  M'Lel- 
lan,  who  survived  him.  He  held  the 
lands  of  Wamphray  and  Pocornell.  His 
male  line  ended  in  1656  by  the  death  of 
John  Johnstone  of  Wamphray,  who  left 
an  only  daughter,  Janet  Johnstone. 

James  (or  John),  abbot  of  Soulseat,  named 
in  1548  as  brother  to  the  laird  of  John- 
stone.   He  died  s.p. 

Mariota  Johnstone,  married,  in  1544, 
Symon  Carrutheris  of  Mouswald.  She  had 
sasine  for  life  on  12th  January  1544  in 
Middlebye  and  Haitlandhill. 

David  and  John,  who  received  a  charter  of 
legitimation  in  1543. 


TABULAR  GENEALOGY  OF  JOHNSTONES  OF  JOHNSTONE  AND  ANNANDALE.      CCCXXVU 


XX.— JOHN,  second  EARL  OF  HOPETOUN,  born  7th 
September  1701,  succeeded  his  father  in  1742.  On  22d 
June  1758  he  was  appointed  curator  to  his  maternal 
uncle,  George,  third  Marquis  of  Annandale.  He  died 
12th  February  1781,  survived  by  the  Marquis.  He 
married,  first,  Lady  Anne  Ogilvy,  second  daughter  of 
James,  fifth  Earl  of  Finrtlater  and  Seafield ;  secondly, 
Jean,  daughter  of  Robert  Oliphant  of  Rossie,  Perth- 
shire; thirdly,  Lady  Elizabeth  Leslie,  second  daughter 
of  Alexander,  fifth  Earl  of  Leven  and  Melville.  He  had, 
with  other  issue, 


The  Hon.  Charles  Hope,  born  8th  May  1710.  He  suc- 
ceeded, in  1730,  to  Craigiehall,  under  an  entail  by  his 
grandmother,  Sophia,  first  Marchioness  of  Annandale, 
heiress  of  that  estate.  In  1733,  he  acquired  Black- 
wood, in  Lanarkshire,  by  his  wife,  Catherine,  only 
daughter  and  heiress  of  Sir  William  Weir  of  Black- 
wood, and  took  the  name  of  Charles  Hope  Weir.  She 
died  in  1743.  He  married,  secondly,  Lady  Anne  Vane, 
eldest  daughter  of  Henry,  first  Earl  of  Darlington. 
He  died,  30th  December  1791,  leaving,  among  other 
issue, 


I 
XXI.— JAMES,  third  EARL  OF  HOPETOUN,  born  23d  August  1741. 
He  succeeded  his  father  12th  February  1781  in  his  estates,  and  on 
3d  July  1781,  as  curator  to  his  granduncle,  George,  Marquis  of 
Annandale.  On  the  death  of  Marquis  George  in  1792,  he  inherited 
the  Annandale  estates,  and  added  the  name  Johnstone  to  his  own 
name  of  Hope.  Under  able  legal  advice,  he  claimed  by  petition  to 
the  king  the  peerages  of  Annandale  and  Hartfell,  but  he  did  not 
assume  these  titles.  He  died,  29th  May  1816,  and  having  no  male 
issue  was  succeeded  in  his  title  and  estates  of  Hopetoun  by  his 
brother,  John,  Lord  Niddrie,  who  became  the  fourth  Earl  of  Hope- 
toun, and  in  his  Annandale  estates  by  his  eldest  daughter,  Lady 
Anne,  in  virtue  of  the  original  and  new  entails  of  them.  He 
married,  16th  August  1766,  Lady  Elizabeth  Carnegie,  eldest  daughter 
of  George,  sixth  Earl  of  Northesk,  and  had,  with  other  female  issue, 


John,  fourth  Earl  of 
Hopetoun,  born  17th 
August  1765.  Suc- 
ceeded his  brother 
29th  May  1816,  and 
died  27th  August 
1823.  By  his  second 
wife,  Louisa  Doro- 
thea, daughter  of  Sir 
John  Wedderburn  of 
Ballindean,  baronet, 
he  had  issue. 


John  Hope,  fourth 
son,  born  7th  April 
1739.  Merchant  in 
London.  Died  21st 
May  1785.  He  mar- 
ried, 2d  June  1762, 
Mary,  only  daughter 
of  Eliab  Breton  of 
Norton  and  Forty- 
hall,  who  died  25th 
June  1767.  They  had 
issue  three  sons.  The 
third  was 


XXII.— LADY    ANNE    JOHNSTONE   HOPE,   who  in-  =  Sir  William  Johnstone  Hope,  G.C.B.,  vice-admiral. 

Born  16th  August  1766.  Served  with  distinction 
between  1794  and  1801.  Served  in  the  same  ship 
with  the  Duke  of  Clarence,  afterwards  King  William 
the  Fourth.  He  married,  first,  in  1792  Lady  Anne 
Johnstoue  Hope,  by  whom  he  had  issue  ;  secondly, 
without  issue,  Maria,  Countess-Dowager  of  Athlone, 
who  survived  him,  dying  4th  March  1851.  He  died 
2d  May  1831. 


herited  the  Annandale  estates.  She  was  born  13th 
January  1768.  She  married,  8th  July  1792,  her  second 
cousin  Captain  William  Hope,  who  added  to  his  name 
that  of  Johnstone.  She  possessed  Annandale  for  two 
years.  She  petitioned  the  king  for  the  peerages  of 
Annandale  and  Hartfell.  But  she  died  at  Edinburgh, 
27th  August  1818,  before  proceedings  were  taken  to 
prove  her  right,  leaving  issue. 


XXIII.— JOHN  JAMES  HOPE 
JOHNSTONE  of  Annandale, 
born  29th  November  1796.  He 
inherited  from  his  mother  the 
Annandale  estates,  and  in  1825 
he  claimed  the  titles  of  Earl  of 
Annandale  and  Hartfell,  but  in 
1844  it  was  resolved  by  the 
House  of  Lords  that  he  had  not 
made  out  his  claim.  Subse- 
quent to  that  resolution,  a  re- 
signation was  discovered  in 
1876.  It  was  made  in  1657  by 
James,  Earl  of  Hartfell,  of  all 
his  peerages  and  estates  in 
favour  of  the  heirs-male  of  his 
body,  and  failing  them,  the 
heirs-female  of  his  body  and 
other  heirs.  The  claim  was 
re-heard,  but  the  House  of 
Lords,  on  30th  May  1879,  ad- 
hered to  the  resolution  of  1844. 
He  died  on  11th  July  1876. 
He  married,  in  1816,  Alicia 
Anne,  daughter  of  George  Gor- 
don, Esq.  of  Halhead,  and  had 
issue.  I 


I    I  I 

Sir   William   James   Hope    Johnstone,  George 

admiral,  K.C.B.,  born  July  1798;   mar-  James 

ried,  1826,  Ellen,  eldest  daughter  of  Sir  Hope 

Thomas  Kirkpatrick,  baronet.     He  died  John- 

11th  July  1878,  survived  by  his  wife,  who  stone, 

died  1880.     They  had  issue  three  daugh-  captain 

ters — (1.)  Jane  Anne,  who  became  a  mm,  R.N.,  born 

and  died  in  a  convent ;  (2. )  Ellen  Lucy,  born  in  1803, 

1838,  married,  1865,  Captain  John  D  Arcy,  married 

R.N.,  who  died  1884,  leaving  issue;  (3.)  Maria, 

Alicia  Isabella,  born  1840.     Died  unmar-  daughter  of 

ried,  3d  December  1893.  Joseph 

Ranking, 

Charles  James  Hope  Johnstone,  captain  who  died 

R.N.,   born  1801,   married,  1826,   Eliza,  10th 

daughter    of   Joseph    Wood    of    Hayes,  September 

Middlesex,  and    died   14th    April  1885,  1844. 

survived  by  his  wife,  who  died  31st  Octo-  He 

ber  1885,  aged  84.     They  had  issue — (1.)  deceased 

Charles  James  Hope  Johnstone,  born  1835 ;  21st  May 

a   major-general ;    married,    1859,   with-  1842, 

out  issue,  Mary  Fanny  Eliza,  daughter  of  leaving 

W.  Hankey  of  Middle  ton  Hall,  Linlith-  issue, 
gow;  (2.)AnneWilliamina,bornl828,mar- 
ried,  1866,  General  Charles  Fanshawe,  and 
has  issue,  lives  at  Ryde,  Isle  of  Wight ; 
(3.)  Mary  Josephine,  born  1833. 


I  I 
Elizabeth  Hope  John- 
stone, who  died  on  1st 
November  1864,  at 
Zofiingen,  Switzerland, 
unmarried. 

MartHope  Johnstone. 
She  was  maid  of  honour 
to  Queen  Adelaide  for 
several  years  previous 
to  1840.  She  married, 
3d  February  1840,  the 
Hon.  and  Right  Rev. 
Hugh  Percy,  D.D., 
lord  bishop  of  Carlisle. 
She  died  on  22d  Novem- 
berl851,  and  was  buried 
in  the  cathedral  at  Car- 
lisle, where  there  is  a 
brass  tablet  to  her 
memory.  Her  husbaud 
was  buried  outside  the 
cathedral,  by  his  own 
desire,  owing  to  the 
agitation  on  the  sub- 
ject of  burying  in 
churches. 


CCCXXVlil      TABULAR  GENEALOGY  OF  JOHNSTONES  OF  JOHNSTONE  AND  ANNANDALE. 


XXIV.— WILLIAM 
JAMES  HOPE 
JOHNSTONE, 
YOUNGER  OF  AN- 
NANDALE, born 
1st  July  1819,  at 
Cramond  House, 
county  of  Edin- 
burgh, died  v.p. 
on  17th  March 
1850.  He  married, 
in  1841,  the  Hon. 
Octavia  Mac- 
donald,  daughter 
of  Godfrey,  Lord 
Macdonald. 


George 
Gordon 
Hope 
John- 
STONE.born 
19th  Octo- 
ber 1820, 
died  16th 
July  1S66, 
married,  in 
1845, 
Adelaide 
Mary 
Went- 
worth, 
daughter  of 
Sir  George 
Sinclair. 
She  died 
in  1873. 
They  had 
issue. 


I    I 

John  Hope 

Johnstone, 

born  22d 

February 

and  died 

13th  March 

1824. 

John 

Charles 

Hope 

Johnstone, 

formerly  in 

the 

diplomatic 

service ;  born 

at  Cramond 

18th  October 

1826; 

educated  at 

Edinburgh 

Academy  and 

Trinity 

College, 

Cambridge. 

Died  at 

Edinburgh, 

28th  Novem. 

ber  1893. 


I 
KOBERT 

Gordon 
Hope 
John- 
stone, 
born  1st 
February 

1829, 
died  15th 
January 

1890; 
married, 
in  1855, 
Agnes, 
daughter  of 
Lieutenant 
Colonel 

John 

Swanson, 

HE.  I.  C.S. 

and  had 


I    I 

Charles  Hope 

Johnstone, 

R.N.,  born 

23d  November 

1830,  died 

17th  June 

1855,  s.p. 

David  Baird 
Hope  John- 
stone, born 
4th  May  1832, 
died  28th 
December 
1886.     He  mar- 
ried Margaret 
Grierson, 
daughter  of 

Colonel 

Grierson  of 

Lagg, 

without  issue. 


Anne  Jemima 
Hope  John- 
stone, born 
20th  April 
1817, 
died  unmarried 
15th  Septem- 
ber 1892. 

Lucy  Wil- 
liamina,  born 

16th  August 
1818,  died  18th 

August  1890. 

Alice  Hope 
Johnstone, 
born  26th  Feb- 
ruary 1822, 
died  16th  De- 
cember 1890 ; 
married,  in 
1845,  Sir 
Graham 
Graham  Mont- 
gomery, Bart. , 
and  had  issue. 


1 

William 

1    1 
Edith 

George 

Firenze 

Hope  John- 

Georgiana, 

stone, 

married,  in 

captain 

1855,  to 

R.  N.,  born 

Carl  Wil- 

1830,  died 

helm  Peter 

in  1870. 

Eisen, 

He  married, 

Lieutenant 

in  1858, 

in  service  of 

Emily, 

the  Duke 

daughter  of 

of  Baden. 

William 

Stead  (who 

Lucy 

survived 

Jemima. 

him,  and 

born  1835, 

married, 

unmarried. 

secondly, 

in  1882, 

John  Mason 

Stead). 

They  had 

issue. 

XXV. —JOHN 
JAMES  HOPE 
JOHNSTONE 
OF  ANNANDALE, 
born  5th  Octo- 
ber 1842.  He 
joined  the  Rifle 
Brigade  in  1862. 
He  retired  as 
lieutenant  and 
captain  in  the 
Grenadier 
Guards  in  1872. 
He  was  M.P.  for 
Dumfriesshire 
from  1874  to 
1880. 


I 

Percy 
Alexander 
John  Hope 
Johnstone, 
born  1S45, 
married  his 

cousin, 
Evelyn  Anne 

Hope 
Johnstone, 

and  has 


I  I 
Wentworth  Wil- 
liam Hope  John- 
stone, born  1848, 
married,  in  1879, 
Beatrice,  daughter 
of  the  late  James 
Christie  of  Mil  - 
bourne  Hall,  Pock- 
lington. 


Alice,  died  15th 
September  1881, 
unmarried.  In- 
terred in  Johnstone 
churchyard. 


Charles 

Cecil 
Gordon 
Hope  John- 
stone, born 
1846,  mar- 
ried, 1871, 
Elizabeth 

Agnes, 

daughter  of 

the  late 

Edmund 

Grundy,  and 

has  issue. 


William  James 
Hope  Johnstone, 
born  1855,  married, 

1877,  Emily  Mary, 
daughter  of thelate 
Captain  Edward 
Bailie,  and  has 
issue  six  children. 

Evelyn  Anne,  born 
1849,     married, 

1878,  her  cousin, 
Captain  Percy 
Hope  Johnstone. 

Constance,  died 
young,  and  unmar- 
ried. 


Outram,  died     William 
young,  and  James, 

unmarried.        born  1863. 


Gordon 

Frank  Hope 

Johnstone, 

born  1861. 

Now  living  at 

the  Cape. . 

Anne 

Eleanor,  bom 

1859,  married, 

in  1890, 
Edwin  Bailey, 
M.D.,  and  has 

issue  one 

daughter,  born 

1893. 


Charles 

Henry 

Edmund, 

born  1867. 

EmilyAlice, 

born  1861. 

Florence 

Blanche, 

born  1865, 

married,  in 

1890,  Rev. 

Charles 

Girdwood 

Thompson. 


Evelyn  Wentworth 
Hope  Johnstone, 
born  9th  May  1879. 


Violet 

Constance, 

born  19th 

November 

1881. 


Alice, 

born  7th 

September 

1883. 


I. 


George  Went- 
worth Hope 
Johnstone. 


Edmund  William 
Gordon  Hope 
Johnstone,  born 
1873. 


I  I 

David  Percy      Frances 
Hope  John-     Ellinor. 
stone,  born 
1876. 


CCCXXX  ANNANDALE  MANSIONS. 

Neville's  Cross,  where  he  was  taken  prisoner.  The  great  ransom  which  had  to  be  paid 
to  England  for  him,  impoverished  Scotland  for  many  years. 

King  James  the  Second  took  possession  of  Lochmaben  in  1449  and  1451,  for  the 
purpose  of  checking  the  power  of  the  Douglases.  King  James  the  Fourth  was  a 
frequent  resident  at  Lochmaben.  The  accounts  of  the  lord  treasurer  contain  notices 
of  his  being  at  Lochmaben  in  the  years  1490,  1496,  and  1497. x  He  built  and  made 
many  repairs  on  the  large  hall  of  the  castle.  After  his  marriage  with  the  Princess 
Margaret  Tudor,  sister  of  King  Henry  the  Eighth,  James  and  his  young  bride  passed 
the  autumn  there.  The  princess  was  then  only  fifteen  years  of  age  and  the  king  was 
thirty-three.  Shortly  before  visiting  Lochmaben  the  king  had  spent  a  merry  time  in 
the  neighbouring  valley  of  Eskdale,  and  he  continued  to  do  so  after  proceeding  there. 
He  was  usually  attended  by  many  minstrels,  and  at  Lochmaben  he  had  about  thirty. 
The  king  and  queen  left  Lochmaben  on  17th  September  1504  for  Edinburgh. 
Nearly  forty  years  afterwards,  in  1542,  their  eldest  son,  King  James  the  Fifth,  visited 
Lochmaben  Castle  on  his  way  to  the  raid  called  the  Solway  Moss,  which  was  as  fatal 
to  King  James  the  Fifth  as  Neville  Cross  was  to  King  David  the  Second.  On 
receiving  the  bad  news  that  the  Scotch  nobles  would  not  fight  under  Oliver  Sinclair, 
a  mere  favourite  of  the  king,  as  commander  of  the  Scottish  army,  but  yielded  them- 
selves prisoners  to  the  English,  the  king  left  Lochmaben  and  hastened  to  Falkland 
Palace,  where  he  died  of  a  broken  heart  on  8th  December,  five  days  after  the  birth  of 
his  daughter  Mary.  Among  his  last  utterances  were,  "  It  cam  with  a  lass  and  it  will 
gang  with  a  lass."  This  "lass,"  soon  after  her  marriage  with  Darnley  in  1565, 
visited  Lochmaben  accompanied  by  her  husband. 

King  James  the  Sixth  took  a  great  interest  in  the  town  of  Lochmaben,  and 
granted  the  burgh  a  new  royal  charter  in  1612.  Several  letters  by  the  king  have 
recently  been  traced  during  the  searches  connected  with  the  present  work.  The  first 
letter  is  addressed  to  the  Earl  of  Mar  as  treasurer,  and  the  other  commissioners  of  the 
king's  rents  in  Scotland,  to  pay  to  John  Murray,  Viscount  Annand,  £1600  sterling, 
to  be  employed  by  him  by  the  special  advice  and  direction  of  the  master  of  the  king's 
work  for  re-edifying  and  reparation  of  our  castle  of  Lochmaben,  and  with  such  speed 
and  diligence  as  conveniently  may  be.2 

Another  letter  or  precept  was  issued  by  the  king  to  the  Earl  of  Mar,  treasurer,  on 
the  20th  of  February  1624.     It  narrates  that  the  king  had  been  pleased  to  intrust 

1  Vol.  i.  pp.    171,   306,  335.    The  payments  show  that  the  king  sometimes  made  his 
journeys  on  horseback  to  Lochmaben. 

2  Original,  dated   20th   February  1624,  in  H.  M.  General  Register  House,  Edinburgh. 
Vol.  ii.  of  this  work,  p.  330. 


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CCCXXX1V  ANNANDALE  MANSIONS. 

The  destruction  of  Lochwood  Tower  was  revenged  by  the  Johnstones  at  the  burning 
of  the  parish  kirk  of  Lochmaben,  and  later  still,  at  the  battle  of  Dryfe  Sands  on  7th 
December  1593,  when  on  both  occasions  the  Maxwells  were  defeated  by  the 
Johnstones. 

It  was  in  the  time  of  Sir  John  Johnstone  of  Johnstone  and  Dunskellie,  knight,  that 
Lochwood  was  burned.  His  son,  Sir  James  Johnstone  of  Johnstone  and  Dunskellie, 
knight,  made  a  claim  against  the  Maxwells  for  attacking  and  burning  the  house  of 
Lochwood,  along  with  his  charter-chests  and  all  his  family  ruuniments.  This  last 
was  an  irreparable  loss,  as  although  the  house  and  furniture  could  be  renewed,  the 
ancient  charters  and  muniments  could  not  be  restored.  Their  destruction  has  made 
the  task  of  writing  the  history  of  the  early  members  of  the  family  from  the  twelfth 
to  the  sixteenth  century  one  of  difficulty. 

Lochwood  Tower  was  afterwards  rebuilt  and  inhabited  by  the  Johnstone  family, 
and  it  continued  to  be  their  principal  residence  till  an  accidental  fire  about  the  year 
1710  destroyed  it.  Not  having  been  rebuilt,  it  gradually  became  a  ruin,  apart  of 
which  is  shown  in  the  accompanying  sketch. 


3.    MOFFAT  HOUSE. 

This  mansion  was  erected  in  the  year  1751  by  John,  second  Earl  of  Hopetoun,  who 
was  then  in  possession  of  the  Annandale  estates  as  tutor-in-law  of  his  uncle,  George, 
third  Marquis  of  Annandale.  Lord  Hopetoun  made  it  his  place  of  residence  during  his 
periodical  visits  to  Annandale  attending  to  the  management  of  the  estates.  The  house 
stands  on  the  upper  portion  of  the  west  side,  but  a  considerable  distance  from  the  line 
of  the  High  Street  of  Moffat.  The  site  of  it,  and  also  the  grounds  attached  to  it,  were 
formerly  a  park  called  Mearspark,  extending  behind  the  house  to  the  river  Annan,  the 
boundary  on  the  west.  Moffat  House  is  three  storeys  in  height,  with  wings  on  each 
side.  The  doors  and  windows  are  built  of  red  or  corncockle  stone,  the  other  portions 
of  the  house  are  of  black  whinstone.  The  house  in  appearance  is  a  plain  but  stately 
structure,  and  has  considerable  architectural  effect.  The  ground  allotted  to  the  policies, 
which  was  previously  bare,  was  planted  by  his  lordship  with  ornamental  trees.  Some 
of  these,  especially  the  oaks,  have  grown  to  a  great  size.  The  gardens  and  pleasure- 
grounds  were  arranged  with  taste  and  skill. 

From  the  comparatively  modern  date  of  the  erection  of  Moffat  House,  no  part  of 
the  history  of  the  Johnstone  family,  either  before  or  after  the  erection,  attaches  to  the 
mansion.     It  was  not  till  the  time  of  James,  third  Earl  of  Hopetoun,  when  he  became 


EAEHILLS  HOUSE.  CCCXXX1X 

erected.  But  the  proposed  dome  for  Eaehills  was  abandoned,  as  a  report  was 
circulated  that  the  dome  of  the  then  new  Eegister  House  was  the  cause  of  so  much 
smoke,  that  the  clerks  in  the  rooms  could  not  occupy  their  several  apartments.1 

On  the  death  of  George,  third  Marquis  of  Annandale,  in  1792,  James,  third  Earl 
of  Hopetoun,  succeeded  as  heir  to  him  in  the  Annandale  estates,  and  the  mansion- 
house  of  Eaehills  was  thereafter  occupied  by  the  earl  as  his  principal  Annandale 
residence. 

The  house  is  a  very  prominent  and  picturesque  object  in  the  vale  of  the  Kennel 
river,  one  of  the  tributaries  of  the  Annan,  which  it  dominates  from  its  commanding 
position.  Eaehills,  as  the  name  indicates,  was  a  bleak,  hilly  country,  and  the  higher 
portions  of  it  were  frequently  used  as  sporting  ground  for  wild  fowl.  The  Earl  of 
Hopetoun  was  a  great  improver  of  the  estate  of  Annandale,  as  well  when  he  acted  for 
Marquis  George  as  after  his  own  accession  as  proprietor.  He  was  an  extensive  planter 
of  woods,  and  in  many  portions  of  the  estate  trees  were  planted  of  a  superior  kind,  and 
now  adorn  the  Gallow-hill,  on  which  they  are  great  ornaments.  The  policies  of  Eae- 
hills were  laid  out  on  an  extensive  scale,  and  gardens,  conservatories,  and  lakes  were 
added  as  embellishments  surrounding  the  mansion.  Previous  to  the  time  that  the 
Earl  of  Hopetoun  undertook  the  formation  of  Eaehills,  a  popular  opinion  prevailed  that 
that  hilly  district  did  not  contain  a  single  tree  on  which  even  a  "  cat  could  have  been 
hanged."  But  in  a  very  few  years  the  minister  of  the  neighbouring  parish  of  Dryfes- 
dale  refers  in  his  Statistical  Account  of  that  parish  to  the  new  and  elegant  "palace  "  of 
the  Earl  of  Hopetoun  as  seen  from  Dryfesdale. 

Eaehills  House  ever  since  its  erection  has  been  the  principal  mansion  of  the  owners 
of  Annandale.  The  earl's  grandson  and  successor,  the  late  John  James  Hope  John- 
stone, Esq.,  of  Annandale,  in  the  year  1845,  made  a  large  addition  to  the  building, 
which  added  greatly  to  the  accommodation  and  ornamentation  of  the  house,  and  made 
it  one  of  the  most  imposing  mansions  in  the  south  of  Scotland. 

A  poetic  prophecy  about  the  chiefs  of  Johnstone  has  been  often  quoted,  and  may 
be  here  appropriately  repeated  : — 

"  Within  the  bounds  of  Annandale 
The  gentle  Johnstones  ride  ; 
They  have  been  there  a  thousand  years, 
A  thousand  more  they'll  bide." 

1  Memorandum  on  plans  of  Raekills  House,  August  1786,  in  Annandale  Charter-chest. 


cccxl 


MANSIONS  FORMERLY  BELONGING  TO  THE  JOHN- 
STONES  OF  JOHNSTONE  AND  ANNANDALE. 

NEWBTE  TOWER, 

In  addition  to  the  four  mansion-houses  now  described  there  were  other  four  which 
subsequently  passed  out  of  the  possession  of  the  Johnstones  of  Johnstone  and  Annan- 
dale.  Of  these  Newbie  Tower  is  the  only  one  that  was  for  any  lengthened  period 
inhabited  by  the  family. 

This  ancient  residence  of  the  Johnstones  of  Annandale  is  located  near  Annan.  It 
was  acquired  from  the  Johnstones  of  Graitney  by  Sir  James  Johnstone  of  Johnstone, 
who  was  killed  by  John  Lord  Maxwell  in  1608.  Its  acquisition,  and  the  difficulties 
experienced  in  maintaining  peaceable  possession  of  it,  are  explained  in  the  memoir  of 
James  Johnstone,  first  Earl  of  Hartfell. 

Newbie  continued  one  of  the  principal  mansions  of  the  Johnstones  till  the  time  of 
James,  third  Earl  of  Hopetoun,  who  succeeded  the  Marquis  of  Annandale  in  the 
Annandale  estates  in  1792.  This  earl  having  other  two  mansions  in  Annandale — 
Raehills  and  Moffat  House, — and  having  also  his  noble  mansion  of  Hopetoun  House,  as 
well  as  Ormiston  House  on  his  Hopetoun  estates,  sold  Newbie  in  1800  to  Mr.  William 
Neilson,  merchant,  Liverpool.  Mr.  Neilson's  trustee  in  1820  sold  .it  to  Mr.  John 
Irvine,  whose  nephew  of  the  same  name  in  1851  sold  it  to  Mr.  Williarn  Mackenzie.  At 
Mr.  Mackenzie's  death  Newbie  passed  to  his  successor,  Mr.  William  Dalziel  Mackenzie, 
who  is  the  present  proprietor  of  Newbie  Tower. 

STAPLETON  TOWERS. 

This  mansion  is  situated  in  the  parish  of  Dornock.  The  first  Marquis  of  Annan- 
dale provided  the  lands  of  Stapleton  to  his  younger  brother,  the  Honourable  John 
Johnstone  of  Stapleton,  and  to  the  heirs  of  his  body,  whom  failing,  they  were  to  revert 
to  the  Marquis  and  his  heirs.  Upon  the  death  of  John  without  issue,  Stapleton, 
according  to  this  arrangement,  reverted  to  the  Marquis. 

On  the  property  there  was  a  strong  square  tower  of  hewn  stone,  three  storeys  high, 
with  battlements  on  the  top,  and  vaulted  below.  The  tradition  is  that  the  tower  was 
built  as  a  stronghold  against  the  English  by  one  of  the  numerous  Irvings  in  the 
district.1 

1  Old  Statistical  Account,  parish  of  Dornock,  vol.  ii.  p.  24. 


CHARTERS 


OF  THE 


JOHNSTONES   OF  JOHNSTONE, 
EARLS  AND  MARQUISES  OF  ANNANDALE. 


1.  Charter  by  Eobeet  Bruce  to  Ivo  and  his  heirs,  of  a  place  between  the  fishings  of 
Blawad  and  the  water  of  Esk,  for  fishing  and  spreading  his  nets.    Circa  a.d.  1 1 90. 1 

Robertus  de  Brtjis,  omnibus  hominibus  suis  et  amicis,  salutem.  Soiatis  me  dedisse 
et  concessisse  et  hae  carta  mea  confinnasse  Iuoni  et  heredi'ous  suis  locum  qui  est  inter 
piscariam  de  Blawad  et  aquam  de  Hesch;  tenendum  de  me  et  heredibus  meis  ad  piscarias 
suas  faciendas  et  retia  tendenda,  libere  et  quiete  ;  reddendo  miehi  annuatim  unam 
libram  piperis,  uel  sex  denarios  ;  hiis  testibus,  Petro  de  Humez,  Hugone  de  Corri, 
Hugone  filio  Ingebaldi,  Eoberto  de  Hodelmia,  Waltero  de  Bosco,  Humfrido  del 
Gardine,  Ricardo  Flammanc,  Henrico  filio  Gerardi. 

2.  Charter  by  William  Bruce  to  Adam  of  Carlyle,  son  of  Robert,  of  the  lands 

of  Kynemund,  to  which  Gilbert,  son  of  John,  is  a  witness.      1194-1 214. 2 

Willelmus  de  Brus,  omnibus  hominibus  suis  et  amicis,  Francis  et  Anglis,  presentibus 
et  futuris,  salutem.  Sciatis  me  dedisse  et  concessisse  et  hac  presenti  carta  confirmasse 
Ade  de  Karleolo,  filio  Robert!,  et  heredibus  suis,  Kynemund,  per  rectas  diuisas  cum 
omnibus  pertinenciis,  et  de  incremento  totam  terram  cum  bosco  et  pastura  usque 
Steinreisebech  ;  et  sic  secundum  ductum  per  medium  mariscum  qui  est  de  west  et 
de  north  de  Wrennehoc  uersus  la  blanche  lande  usque  ad  proximum  pontem  de  la 
blanche  lande  preter  unum  ;  et  ita  de  illo  ponte  extendendo  usque  ad  fontem  unde 
ductus  uenit  qui  uocatur  Houticroftebech  ;  et  ita  secundum  ilium  ductum  descendendo 

1  Original  charter  in  Drumlanrig  Charter-chest.     The  tag  for  seal  remains,  bearing  marks 
that  the  seal  had  been  appended. 

2  Original  charter  in  Drumlanrig  Charter-chest. 

A 


2  ANNANDALE  CHARTERS.  [1194-1214. 

usque  ad  siccum  in  Winterbech  Scot  qui  transit  per  Walter  brigge  ;  et  ita  secun- 
dum illurn  siccum  usque  ad  Blabech  ;  et  ita  secundum  Blabecb  descendendo  usque 
ubi  cadit  in  Gillemartinebech  ;  et  ultra  Gillemartinebech  communionem  pasture  cum 
illis  de  Millebi ;  et  cum  predictis  Brakanepheit ;  et  unum  molendinum  cum  stagno  et 
sede  racionabili  ;  et  cum  racionabilibus  uiis  ad  molendinum  et  ad  aquam  produ- 
cendam  ad  molendinum  super  Polraban  in  territorio  de  Cumbertres  :  Et  infra 
istas  diuisas  ante  nominatas  ille  et  heredes  sui  poterunt  herbergare  et  essartare 
et  edificia  facere  ubicunque  uoluerint  preter  in  Brakanephet,  ubi  non  poterunt 
domos  facere  nisi  per  me.  Habebunt  etiam  uias  liberas  illi  et  homines  sui  ad  forum 
per  forestum  apud  Lokmaban  per  Daltonam,  et  ad  Dunfres  per  Rochelam.  Omnes 
istas  terras  et  hec  tenementa  cum  omnibus  pertinenciis  habebunt  et  tenebunt  ille  et 
heredes  sui  de  me  et  heredibus  meis  in  feudo  et  hereditate,  libere  et  quiete,  honorifice  et 
integre,  in  monasterio  et  molendino,  in  bosco  et  piano,  in  pratis  et  pascuis,  in  uiis  et 
semitis,  in  moris  et  mareisis,  in  stagnis  et  uiuariis,  in  omnibus  locis  et  libertatibus  et 
aisiamentis  eisdem  terris  pertinentibus,  quietas  ab  omnibus  seruiciis  et  consuetudinibus : 
Faciendo  michi  et  heredibus  meis  seruicium  quarte  partis  unius  militis  pro  omnibus 
seruiciis  ;  salua  tamen  michi  et  heredibus  meis  uenatione  mea,  scilicet,  ceruo  et  bissa,  porco 
et  capreola.  Istas  uero  terras  cum  molendino  prenominato  et  pertinenciis  et  aisia- 
mentis eisdem  terris  pertinentibus  dedi  illi  et  heredibus  suis  tenendas  de  me  et  heredibus 
meis  pro  homagio  suo  et  seruicio,  et  pro  excambio  de  Locardebi,  quam  Robertus  de  Bvus, 
pater  meus,  dedit  Roberto  patri  suo  pro  homagio  suo  et  seruicio  :  Et  istas  terras  et 
tenementa  cum  omnibus  libertatibus  et  aisiamentis  illis  pertinentibus  ego  et  heredes  mei 
garantizabimus  illi  et  heredibus  suis  contra  omnes  homines  in  tempore  pacis  :  Et 
quando  garantizare  non  poterimus,  dabimus  illis  excambia  sua  de  terra  nostra  in  Her- 
ternes  ad  ualenciam,  cum  eisdem  libertatibus,  et  per  idem  seruicium  ;  testibus, 
Willelmo  de  Heriz,  Ada  filio  Ade,  Vdardo  de  Hodelmo,  Hugone  de  Brus,  Hugone  de 
Corri,  Henrico  Murdac,  Gilleberto  filio  Johannis,  Willelmo  de  Heriz,  iuniore,  Hugone 
Malleuerer,  Willelmo  de  Heyneuile,  Ada  de  Dunwithie,  Ricardo  Flamanc,  Ricardo  del 
Bois,  Rogero  filio  Vdardi,  Symone  capellano,  et  multis  aliis. 


3.  Charter  by  William  Bruce  to  Ivo  of  Kirkpatrick,  of  lands  in  the  fee  of 
Pennersaughs,  to  which  Gilbert  of  Johnstone  is  a  witness.      Circa  1 194-1214. 1 

Omnibus  has  litteras  uisuris  uel  audituris  Willelmus  de  Brus,  salutem.     Sciatis  me 
dedisse  et  concessisse  et  hac  presenti   carta   mea   confirmasse  Yuoni   de    Kirkepatric 

1  Original  charter  in  Drumlanrig  Charter-chest.  Part  of  the  seal  is  still  appended. 
On  a  shield,  a  saltire,  and  a  chief — the  charge  on  the  latter  defaced.  Legend,  "  [S.]  Wilelrai 
D  Br[us]." 


1194-1214.]         WILLIAM  BRUCE  TO  IVO  OF  KIRKPATEICK.  3 

illam  terrain  in  feudo  de  Penresax  que  uoeatur  Thorbrec  et  Willambi,  et  villain  de 
Blacwde,  cum  omnibus  pertinenciis  suis,  pro  homagio  suo  et  seruicio  :  Tenendum  et 
habendum  sibi  et  heredibus  suis,  de  me  et  heredibus  meis,  in  feudo  et  hereditate,  libere, 
quiete  et  plenarie,  in  bosco  et  piano,  in  aquis,  in  stangnis  et  in  molendinis,  in  pratis, 
in  pascuis  et  pasturis,  et  in  ceteris  omnibus  libertatibus,  et  aisiamentis  communibus 
ad  feudum  de  Penresax  pertinentibus ;  salua  mihi  et  heredibus  meis  donatione 
ecclesie  ;  et  ad  meliorandum  sibi  prefatas  terras  infra  suas  rectas  diuisas,  et  duas 
carucatas  terre  in  territorio  de  Penresax,  cum  toftis  et  croftis,  que  Eicardus  filius 
Aldus,  Robertus  filius  Cecilie,  A[da]  de  Willambi,  A[da]  filius  sacerdotis,  A[da]  filius 
Astin,  Jurdanus,  Stephanus,  Eicardus  filius  Siric  tenuerunt  in  Penresax  :  Faciendo 
michi  et  heredibus  meis  seruicium  octaue  partis  feudi  vnius  militis.  Et  sciendum  est 
quod  ego  Willelmus  et  heredes  mei  warentizabimus  prefato  Yuoni  et  heredibus  suis 
omnes  prefatas  terras  et  libertates  ;  et  si  illas  eis  warentizare  non  potuerimus,  ego  et 
heredes  mei  dabimus  sibi  et  heredibus  suis  terrain  in  escambium  infra  uallem  Anand 
ad  ualenciam  terrarum  prefatarum,  cum  omnibus  prefatis  libertatibus,  et  per  idem 
seruicium.  Et  si  in  ualle  Anand  terrain  non  habuerimus,  dabimus  eis  escambium 
alibi  vbi  terrain  hire  hereditario  possidemus ;  hiis  testibus,  Willelmo  de  Herice, 
B[icardo]  de  Bosco,  Hugone  de  Corri,  Wnfrido  de  Gard[ino],  Roberto  de  Crossebi, 
G[illeberto]  de  Jonistune,  Eogero  de  Kirkepatric,  Eoberto  de  Turmore,  Willelmo  de 
Heneuile,  Alano  de  Dunwidi,  et  multis  aliis. 


4.   Eesignation  by  Dunegal,  son  of  Udard,  of  a  carucate  of  land  in  Warmanbie, 
for  the  use  of  Gilbert,  son  of  John.      [1194-1214.]  1 

Dtjnegal,  son  of  Udard,  resigns  and  quitclaims  to  William  de  Brus  and  his  heirs,  in 
full  court  (plenaria  curia),  a  carucate  of  land  in  Weremundebi,  and  half  a  carucate  in 
Anant,  with  a  toft,  for  the  use  of  Gilbert,  son  of  John.  Witnesses,  William  .  .  . 
Adam  de  Seton,  Eobert  de  Hodalmia,  Humphrey  del  Gardine,  Adam,  son  of  Adam, 
Eichard  de  Penresax,  William  de  Herez,  L  .  .  .  Murdac,  Udard  de  Hodalmia,  Hugh 
de  Corri,  Hugh,  son  of  Ingebald,  Walter  de  Walram,  Patric  Brun,  W  .  .  .  Walbi, 
Adam  de  Dunwidie,  Eobert  de  Crossebi,  Eichard  de  Bosco,  Eobert  de  Levingtona, 
Eoger  de  Kirk[patric  ]],  Malcolum  Loccard,  Eobert  de  Tremor,  William  de  Henevile, 
Hugh  Maleverer,  and  many  others. 

1  Original  resignation  in  Ducliy  of  Lancaster  charters,  box  '  A.'  No.  132.  Calendar  of 
Documents  relating  to  Scotland,  a.d.  110S-1272,  by  Joseph  Bain,  Edinburgh,  1881,  vol.  i. 
p.  107. 


4  ANNANDALE  CHARTERS.  [1218. 

5.  Agreement  between  Patrick,  Earl  of  Dunbar,  and  Sir  Robert  Bruce,  about 
lands  in  Hertness,  to  which  Gilbert  son  of  John  is  a  pledge.  11th  November 
1218.1 

Agreement  made  at  the  feast  of  St.  Martin,  in  the  year  of  the  Incarnation  1218, 
between  P[atric],  Earl  of  Dunbar,  and  C[hristina  ?],  the  countess,  and  Sir  E[obert]  de 
Brus  ;  viz.,  the  earl  and  countess  have  demised  to  Sir  Robert  all  the  land  they  have  in 
Hertnissa  (Hertness),  viz.,  of  the  countess's  dower,  for  the  term  of  eight  years,  for  361. 
of  silver,  and  6s.  yearly,  one  moiety  at  Pentecost  and  the  other  at  Martinmas  ;  saving 
the  third  part  of  the  market  and  the  fair  of  Hertpulle  (Hartlepool)  to  the  earl  and 
countess,  if  they  and  the  said  Sir  Robert  can  acquire  these.  And  it  is  to  be  observed 
that  Sir  Robert  shall  pay  the  money  to  the  said  earl  and  his  said  mother,  C[hristina  ?], 
the  countess,  so  long  as  they  shall  warrant  the  said  land  to  him.  Also  the  said  Robert 
shall  not  demise  the  said  land  for  eight  years  in  such  mode  as  he  received  it  from  his 
grandfather  (avi).  His  pledges  are  : — Humphrey  de  Cardino  (Jardine),  Hugh  de  Corri, 
William  de  Heriz,  Robert  de  Crossebi,  Richard  de  Bosco,  G.  son  of  John  (Johnston), 
Robert  de  Tremor. 


G.   Resignation  by  William,  son  of  Ralf  the  Lardenar,  to  Robert  Bruce,  of 
lands  in  Annan,  to  which  Gilbert  son  of  John  is  a  witness.      Circa  1218. 2 

William,  son  of  Ralf  the  '  Lardenar,'  his  brother  David,  his  sons  and  their  heir  (sic), 
have  quitclaimed,  abjured  and  resigned  per  fuslum  et  baciilum,  to  Robert  de  Brus  and 
his  heirs,  all  the  land  which  they  or  their  predecessors  held  of  him  and  his  predecessors 
within  the  vill  of  Anant,  instead  of  the  account  (compotus)  of  David,  his  brother, 
when  he  was  servant  of  Sir  Robert  de  Brus  in  Herterville,  which  William  undertook 
to  pay,  but  cannot;  and  for  100s.,  which  the  said  Sir  Robert  has  allowed  him 
(prebuit).  Appends  his  seal.  Witnesses — Sir  Richard  de  Leviuton,  Sir  Roger  Avenel, 
William  de  Brus,  John  de  Brus,  William  de  Heriz,  Humphry  de  Gardin,  Hugh  de 
Corri,  Robert  de  Crossebi,  Gillebert  son  of  John,  Roger  de  Kirkepatric,  Robert 
de  Tremor,  Richard  de  Bosco,  Richard  de  Humez,  Hugh  Mauleverer,  Hugh  son 
of  Hamelin,  William  Franceis,  Engeram,  Thomas  the  Clerk,  and  the  '  curia '  of  the 
said  Sir  Robert  de  Brus  of  Anant. 

1  Original  agreement  in  Duchy  of  Lan-  2  Original  resignation  in  Duchy  of  Lan- 
caster, Cartae  Miscell.,  vol.  iii.  p.  12  ;  Calen-  caster  Charters,  Box  'A,' No.  128  ;  Calendar 
dar  of  Documents  relating  to  Scotland,  by  of  Documents  relating  to  Scotland,  by  Joseph 
Joseph  Bain,  vol.  i.  p.  123.  Bain,  vol.  i.  p.  123. 


1271.]  ROBERT  BRUCE,  EARL  OP  CARRICK.  7 

necessary.  Appends  his  seal.  Witnesses — Sir  Walter  Oumyn,  Earl  of  Manthet 
(Menteitli),  Sir  Alexander  Cumin,  Earl  of  Boehan,  Sir  John  Cumin,  Sir  William  de 
Cuningburht,  Hugh  de  Maulverer,  Humphry  de  Kirkepatrio,  Gilbert  de  Joneston, 
Ivo  de  Jonesby,  Richard  de  Crossebi,  William  de  Boyville,  William  de  Anand,  clerk, 
and  others. 


11.  Charter  by  Eobert  Bruce,  Earl  of  Carrick,  to  Sir  William  of  Carlyle, 
knight,  of  a  piece  of  land  in  Newby.     Post  127 1.1 

Omnibus  ad  quos  presens  carta  peruenerit,  Robertus  de  Brus,  Comes  de  Karrig  et 
dominus  Vallis  Anandie,  salutem  in  Domino.  Noueritis  nos  dedisse,  concessisse  et  per 
presentem  cartam  nostram  confirraasse  domino  Willelmo  de  Karleolo,  militi,  et  heredibus 
suis,  ad  incrementum  terre  sue  de  Kynemund,  vnam  petiam  terre  de  communi  pastura 
nostra  tenementi  nostri  de  Keuby  :  que  quidetn  petia  terre  incipit  ad  domum  quam 
Malota  tenuit,  et  se  extendit  ultra  Litelsweit  Mor  extransuerso  usque  in  Castelbec,  et  de 
Castelbec  extransuerso  usque  ad  Langgesweit  Mos,  extransuerso  Batemanridding  usque 
ad  diuisim  terre  de  Brakansweit  et  terre  quam  Hugo  filius  Laurencii  tenuit,  et  sic  decen- 
dendo  per  sepem  usque  ad  domum  quondam  Johannis  Bonde,  et  de  domo  ilia  descendendo 
per  sepem  usque  ad  riuulum  qui  uocatur  Gillemartinebec,  et  sic  ascendendo  sicut  terra 
domini  Willelmi  de  Karleolo  se  condonat  vsque  ad  Mikelkeldwelle,  et  de  Mikelkeldwelle 
ascendendo  per  le  Morhuses  usque  ad  le  Holgate  que  est  inter  terrain  de  Morhuses  et  man- 
erium  domini  Willelmi  de  Karleolo  de  Kynemund  :  Tenendam  et  habendam  totam  predic- 
tam  petiam  terre  dicto  domino  Willelmo  de  Karleolo  et  heredibus  suis,  de  nobis  et  heredi- 
bus nostris,  libere,  quiete,  pacifice,  integre,  bene  et  in  pace,  cum  omnibus  suis  libertatibus, 
aisiamentis,  ad  dictam  terram  pertinentibus.  Volumus  etiam  et  per  presentem  cartam 
nostram  concedimus  pro  nobis  et  heredibus  nostris,  quod  dictus  dominus  Willelmus  de 
Karleolo  et  heredes  sui  dictam  petiam  terre  per  suas  rectas  diuisas,  ut  supradictum  est, 
possint  per  sepes  et  fossas  claudere,  assartare,  edificare,  pratum  et  terram  arabilem  hine 
inde  facere,  et  in  omnibus  infra  dictam  petiam  terre  se  approuiare,  prout  sibi  et  heredibus 
suis  melius  uiderit  expedire.  Et  nos  uero  Robertus  de  Brus  et  heredes  nostri  totam 
predictam  petiam  terre  cum  omnibus  suis  libertatibus  et  aisiamentis  suis,  ut  supra 
dictum  est,  predicto  domino  Willelmo  de  Karleolo  et  heredibus  suis  contra  omnes 
homines  et  feminas  'warantizabimus,  acquietabimus  et  imperpetuum  defendemns.  In 
cuius  rei  testimonium  huic  carte  nostre  sigillum  nostrum  apposuimus  ;  hiis  testibus, 
dominis   Rogero   de   Kirkepatrik,   Thoma   de  Torthorald,  Jacobo  fratre   suo,  Hugone 

1  Original  charter  in  Drumlanrig  Charter-chest. 


8  ANNANDALE  CHARTERS.  [1318. 

Mauleuerer,   Humfrido  de  Bosco,  militibus,  Willelmo  de  Gardino,  Waltero  de  Corri, 
Nicholao  de  Corri,  senescallo  tunc  temporis  Vallis  Anaudie,  Waltero  de  Bosco  et  aliis. 


1 2.  Charter  by  King  Robert  the  Bruce  to  James,  Lord  of  Douglas,  Knight, 

of  the  lauds  of  Polmoody.      15th  December  [1318].1 

Robertus  Dei  gracia  Bex  Scottoram,  omnibus  probis  hominibus  tocius  terre  sue, 
salutem.  Sciatis  nos  dedisse,  concessisse  et  hac  presenti  carta  nostra  confirmasse 
dilecto  et  fideli  nostro  Jacobo,  domino  de  Duglas,  militi,  totam  terrain  de  Polbutthy, 
infra  vallem  de  Moffet,  per  omnes  rectas  diuisas  suas  et  metas  :  Tenendam  et  habendam 
prefato  Jacobo  et  heredibus  suis  de  nobis  et  heredibus  nostris,  in  feodo  et  hereditate, 
libere  et  quiete,  plenarie  et  honorifice,  cum  omnibus  comoditatibus,  libertatibus  et 
aysiamentis  ad  dictam  terrain  pertinentibus  seu  aliquo  hire  pertinere  valentibus  in 
futurum  :  Reddendo  inde  nobis  et  heredibus  nostris  dictus  Jacobus  et  heredes  sui 
singulis  annis  duodecim  sagittas  latas  pro  omni  alio  seruicio,  exaccione  seu  demanda. 
In  cuius  rei  testimonium  presenti  carte  nostre  sigillum  nostrum  precepimus  apponi ; 
testibus,  Bernardo,  abbate  de  Abirbrothoc,  cancellario  nostro,  Tlioma  Ranulphi,  comite 
Morauie  et  domino  Mannie,  Gilberto  de  Haya,  Roberto  de  Keth,  Johanne  Wischard  et 
Fergusio  Marescalli,  militibus ;  apud  Abirbrothoc,  quinto  decimo  die  Decembris,  anno 
regni  nostri  tercio  decimo. 

13.  Charter  by  King  Robert  the  Bruce  to  Humphrey  of  Kirkpatrick,  of  the 

lands  of  Torthorwald.     1  Oth  July  [  1 3  2 1  ]. 2 

Robebtus  Dei  gracia  Rex  Scottorum,  omnibus  probis  hominibus  tocius  terre  sue, 
salutem.  Sciatis  nos  dedisse,  concessisse  et  hac  presenti  carta  nostra  confirmasse 
Vmfredo  de  Kirkepatrik,  dilecto  et  fideli  nostro,  pro  homagio  et  seruicio  suo,  totam 
terrain  de  Tkorthoralde  cum  pertinenciis,  videlicet,  totum  dominicum,  integraliter  a 
communa  cuiuscumque  separatum,  et  totam  villain  de  Thorthorahle  integre,  cum  mul- 
turis  et  aliis  pertinenciis  suis  quibuscumque,  ac  eciam  terras  trium  husbaudorum  ville 
de  Roucan,  videlicet,  terrain  Gilmorduf,  terram  Jobannis  filii  Culman,  et  terram 
Roberti  Scot,  vnacum  multuris  et  molendino  tocius  ville  de  Roucan,  cum  libero  introitu 
et  exitu  ad  dictum  molendinum  :  Tenendas  et  habendas  eidem  Vmfredo  et  heredibus 
suis,  de  nobis  et  heredibus  nostris,  in  feodo  et  hereditate,  per  omnes  rectas  metas  et 
diuisas  suas,  sine  aliquo  retinemento  inperpetuum,  libere,  quiete,  plenarie  et  honorifice,  in 
boscis  et  planis,  pratis,  pascuis  et  pasturis,  viis,  semitis,  rnoris,  maresiis,  aquis,  stagnis, 

1  Original  charter  in  Douglas  Charter-chest. 

2  Original  charter  in  Drumlanrig  Charter-cheat.     Seal  wanting. 


1329.]  THOMAS  RANDOLPH,  EARL  OF  MORAY.        *      9 

viuariis,  multuris,  molendinis  et  eorum  sequelis,  vt  predictum  est,  in  aucupacionibus, 
piscacionibus,  et  venacionibus,  in  vnam  liberam  baroniam,  cum  furca  et  fossa,  soe  et 
sac,  thol  et  theam,  et  infangandthef,  et  cum  omnimodis  aliis  libertatibus,  comoditati- 
bus,  aisiameutis  et  iustis  pertinenciis  suis,  in  omnibus  et  per  omnia,  tarn  non  nominatis 
quam  nominatis  :  Faciendo  inde  nobis  et  heredibus  nostris,  dictus  Vmfredus  et  heredes 
sui  seruicium  vnius  architenentis  et  tres  sectas  per  annum  ad  curiam  nostram  vicecomi- 
tatus  de  Dunfres,  ad  tria  placita  capitalia  singulis  annis  tenenda  ibidem.  Concessimus 
eciam  eidem  Vmfredo,  vt  ipse  et  heredes  sui  habeant,  teneant  et  possideant  omnes  terras 
suas  predictas  cum  pertinenciis  in  liberam  warennam  inperpetuum.  Quare  firmiter 
prohibemus  ne  quis  in  eisdem  terris  cum  pertinenciis  sine  licencia  ipsius  Vmfredi  aut 
heredum  suorum  speciali  secet,  aucupet  aut  venetur,  aut  in  lacubus  seu  viuariis  suis 
piscari  presumat,  super  nostram  plenariam  forisfacturam.  In  cuius  rei  testimonium 
presenti  carte  nostre  sigillum  nostrum  fecimus  apponi ;  testibus,  venerabilibus  [in 
Cristo  pjatribus,  Willelmo  et  Willelmo  Sancti  Andree  et  Dunkeldensis  ecclesiarum  Dei 
gracia  episcopis,  Bernardo  abbate  de  Abirbrothok,  cancellario  nostro,  Duncano  comite 
de  Fyf,  Thoma  Ranulphi  [comite  Morauie,  dominjo  vallis  Annandie  et  Mannie,  nepote 
nostro,  Waltero  Senescallo  Scocie  et  Jacobo  domino  de  Duglas,  militibus  ;  apud 
Sconam  decimo  die  Julii,  anno  regni  nostri  sexto  decimo. 


14.   Charter  by  Thomas   Randolph,  Earl  of   Moray,  to  William   Carlyle, 
Laird  or  Los,  for  making  a  park  in  the  lands  of  Newlands.     Ante  1329.1 

Omnibus  hanc  cartam  visuris  uel  audituris,  Thomas  Ranulphi,  comes  Morauie,  dominus 
vallis  Anandie  et  Mannie,  salutem  in  Domino  [sejmpiternam.  Noueritis  nos  dedisse, 
concessisse  et  hac  presenti  carta  nostra  confirmasse  Willelmo  de  Carliolo,  domino  de 
Los,  consanguineo  nostro,  licenciam  specialem  ad  faciendum  parcum  de  terris  de 
Neulandys  et  de  Dikys,  et  ad  claudendum  moram  adiacentem  usque  ad  Bochardbech, 
et  sic  descendendo  ad  aquam  de  Anand,  excludendo  viam  vicinorum  que  ducit  de 
villa  de  Los  vsque  villain  de  [torn]  :  Tenendum  et  habendum  d[icto  Willelmo  de 
Carliolo  et]  heredibus  suis  de  nobis  et  heredibus  nostris,  li[bere],  quiete  et  pacifice 
inperpetuum.  In  cuius  rei  testimonium  presenti  carte  [sigillurn]  nostrum  fecimus 
apponi ;  testibus,  Rogero  de  Kyrke[patrik],  Willelmo  de  Gardino,  Patricio  de  Carnoto, 
militibus,  [torn]  .  .   .   Corry,  Humfrido  de  Bosco  et  aliis. 

1  Original  writ  in  Drumlanrig  Charter-chest.     Seal  wanting. 


10  ANNANDALE  CHARTERS.  [1329. 

15.  Charter  by  Thomas  Randolph,  Earl  op  Moray,  Lord  op  Annandale  and 
Man,  to  John  of  Carlyle,  for  inclosing  and  holding  the  park  of  Kinrnount 
in  free  warren.     29th  March  1329.1 

Omnibus  hoc  scriptum  visuris  vel  audituris,  Thomas  Ranulphi,  comes  Morauie,  dominus 
vallis  Anandie  et  Mannie,  salutem  in  domino  sempiternam.  Noueritis  nos  dedisse, 
concessisse  et  hac  presenti  carta  nostra  confirmasse  Johanni  de  Carleolo,  filio  quondam 
domini  Willelmi  de  Carleolo,  licenciam  specialem  ad  claudendum  parcum  de  Kynne- 
moth  sine  saltu,  et  ad  tenendum  dictum  parcum  in  liberam  warennam  per  rectas 
diuisas  in  perpetuum :  Tenendum  et  habendum  dicto  Johanni  et  heredibus  suis  de 
nobis  et  heredibus  nostris,  libere,  quiete  et  pacifice,  sine  inpugnatione  aut  contradic- 
tione  nostra  vel  heredum  nostrorum,  cum  omnibus  libertatibus,  comoditatibus  et 
asiamentis  ad  dictum  parcum  pertinentibus  uel  quoquomodo  iuste  pertinere  valentibus. 
Quare  firmiter  prohibemus  ne  quis  in  eodem  parco  secet,  aucupet  aut  venetur,  sine  licencia 
ipsius  Johannis  et  heredum  suorum  speciali,  super  nostram  plenariam  forisfacturam. 
In  cuius  rei  testimonium  sigillum  nostrum  presenti  carte  est  appensum,  apud  Logh- 
maban,  vicesimo  nono  die  rnensis  Martii,  anno  gracie  millesimo  ccc?  vicesimo  nono  j 
testibus,  Rogero  de  Kilpatrich,  Willelmo  de  Gardino  et  Humfrido  de  Bosco,  militibus, 
Willelmo  de  Carleolo,  Radulpho  Frankys,  Adam  de  Corry  et  multis  aliis. 


16.  Charter  by  John  Graham,  son  of  Sir  John  Graham,  Knight,  to  Roger 
Kirkpatrick,  Laird  of  Torthorwald,  of  an  annual  rent  of  40s.  from  the 
lands  of  Over  Dryfe.     5th  January  1 355-6. 2 

Omnibus  hoc  scriptum  visuris  vel  audituris,  Johannes  de  Grame,  filius  et  heres  domini 
Johannis  de  Grame,  militis,  condam  domini  de  Maskessewra,  salutem  in  Domino 
sempiternam.  Nouerit  vniuersitas  vestra  me  inpignorasse  Rogero  de  Kyrkpatrik, 
domino  de  Torthoralde,  totum  annualem  redditum  meum  quadraginta  solidorum,  qui 
uiichi  de  iure  hereditario  debetur  de  terra  Superioris  Drife,  in  tenemento  de  Hotoun  infra 
wallem  Anandie,  pro  ducentis  libris  sterlingorum  bonorum  et  legalium  ;  quasquidem 
ducentas  libras  sterlingorum  ego  Johannes  de  Grame  predictus  a  predicto  Rogero  in 
mea  magna  et  vrgenti  necessitate  plenarie  premanibus  recepi  ex  mutuo  :  Tenendum  et 
habendum  totum  annualem  redditum  predictum  quadraginta  solidorum,  eidem  Rogero, 
heredibus  suis  et  suis  assignatis,  de  me  et  heredibus  meis,  adeo  libere  et  quiete,  bene, 
integre,  honorifice  et  in  pace,  sicut  ego  Johannes  et  antecessores  mei  predictum 
annualem  redditum  liberius,  quiecius  et  honorifisencius  aliquo  tempore  habuimus  seu 

1  Original  charter  in  Drumlaurig  Charter-chest.     Seal  wanting.  -  Ibid. 


1476.]  WILLIAM,  LORD  CBJCHTON.  13 

1 9.  Charter  by  William,  Lord  Crichton,  to  Gilbert  of  Oorry,  of  the  lands 
of  Torduff  and  Dalbank.     18th  February  1449-50.1 

Omnibus  hanc  cartam  visuris  vel  audituris,  Wilelmus  dominus  Creghtoun,  eternam  in 
Domino  salutem.  JSToueritis  me  dedisse,  concessisse  et  hac  presenti  carta  mea  confir- 
masse  dilecto  meo  Gilberto  de  Corry,  filio  naturali  Jacobi  de  Corry,  pro  suo  seruicio 
michi  impenso  et  impendendo,  terras  de  Tordoff  et  de  Dalbank  cum  pertinenciis, 
iacentes  in  dominio  de  Anandirdale  infra  vicecomitatum  de  Dumfres :  Tenendas  et 
habendas  supradictas  terras  de  Tordoff  et  de  Dalbank  cum  pertinenciis,  et  de  me  tan- 
quam  domino  tenementi  de  Carutheris  et  heredibus  meis,  prefato  Gilberto  de  Corry  et 
Elisabeth,  sponse  sue,  filie  Johannis  de  Carutheris  de  le  Holmeendis,  et  eorum  alteri 
diucius  viuenti,  et  heredibus  masculis  inter  ipsos  legittime  procreatis  seu  procreandis, 
quibus  deficientibus  michi  et  heredibus  meis  quibuscunque,  in  feodo  et  hereditate 
imperpetuum,  per  omnes  rectas  metas  suas  antiquas  et  diuisas,  in  boscis,  planis,  moris, 
rnarresiis,  viis,  semitis,  aquis,  stagnis,  pratis,  pascuis  et  pasturis,  petariis,  turbariis, 
carbonariis,  lapide  et  calce,  cum  piscatura  maris  pertinente  dictis  terris  de  Tordoff,  ac 
cum  omnibus  aliis  et  singulis  libertatibus,  commoditatibus  et  asiamentis  ac  iustis  per- 
tinenciis suis  quibuscunque,  tarn  non  nominatis  quam  nominatis,  ad  dictas  terras  cum 
pertinenciis  spectantibus,  seu  iuste  spectare  valentibus  in  futurum,  libere,  quiete, 
plenarie,  integre,  honorifice,  bene  et  in  pace,  sine  aliquo  retinemento  seu  obstaculo 
quocunque  :  Faciendo  annuatim  dicti  Gilbertus  et  Elisabeth,  sponsa  sua,  et  eorum  alter 
diucius  viuens,  quibus  deficientibus,  heredes  sui  masculi  supradicti,  michi  et  heredibus 
meis  seruicia  de  dictis  terris  debita  et  consueta  :  Eeseruato  libero  tenemento  dictarum 
terr