Volume 1 - Electric Scotland

BOND BY JOHNSTONKS TO TIIEIU CHIEF, 1577. Ixxvii
to pioiluce six witne.=sc3 to prove it. The case was adjourned Hint tlie.?e wit-
iies.ses might be pi-escnt, but uolliiiig furtln r appears on lecord.^
Tliese details of border inat^ers lupy .'i-em monotonous, but tliey are
intcresling, becau.se they illustrate, as far as legal documents can, the rest,-
less, turbulent life of those over whom Johnslonc had jurisdiction, and the
incessant conflict lliey waged with tlie autho)'itics. A more peaceful aspect
is sliown in a Vt^rit signed by him in December ].o77, vihile residing at
Cummcrtrces, near Annan. The " auld " tenants of the lands of Kelhead,
also in tluU neighbourhood, declare themselves "contentit to cum in his v>'i!l
and mabc him tliankfuU payment and dalyo seruice," \\ith 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 paiil their dues and service, the
oldigation to la.st during the life of his sislcr Jean Johnstone, %\'ho was life-
rent rix of the lauds.-
A similar peaceful strain ruris through another docutncnt dated some
mon.ths later, and joined in by tlie clan "that beris and lies the naynm
of Johnnstounis in speciall and in geuerall quha depeudis vpoun the lard of
Johnnsloun."^ They bind themselves, when any controversy aiises anrong
them about blood, goods, or lands, to refer the dispute to llobert Johnstone in
Carnsalloeli and eleven other Johnstoues "as ainiable freindis crpialio
cl'.osin be the rest and con.-ent of the nayme that hecht Joliun.stoun,"
Johnstone Idmself, " thair cheif and m.iister," acting as ovcsman. 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 liim 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
' Kpgislcr of Privy Council, vol. ii. p. ?.9.3. Charter-cbest. .Jean Johnstoijc was the
- Miitiir.l obligation signed by John Jobn- widow of William, Master of Carlylc, who
stnnf, 9th December 1.^77, in Anrand^ile died in I.")7'-.