EARLY SHERIFF CouRT Book OF DUMFRIES. 99 
that Edward Johnston, burgess of Dumfries, was made a 
Sheriff-Depute in 1531. The feud had its origin in the slaugh- 
ter of one of Drumlanrig’s retainers by some of Ninian’s 
people; and Drumlanrig applied to the lords of Council for 
exemption, on behalf of himself, his kinsmen and servants, 
from appearing before Ninian and his deputes in their capacity 
of judges. Accordingly the lords, with consent of parties, 
appointed Johnstone to act in all cases in which Drumlanrig 
or those related to him were concerned.*” 
We come now to the jurors. The laird of Closeburn was 
Thomas Kirkpatrick. Of this member of a well-known family 
little seems to be ascertainable.5”* We find a Crown charter, 
dated 12th May, 1538, in favour of Thomas, son and heir of 
Sir Thomas Kirkpatrick of Closeburn deceased, of the lands 
of Auchinleck and Newtown in the barony of Tibbers and 
sheriffdom of Dumfries. 
The laird of Kirkmichael was William Kirkpatrick, 
whose father, Sir Alexander Kirkpatrick, had an interesting 
history. On 2nd October, 1484, King James III. granted to 
Alexander Kirkpatrick and his heirs the lands of Kirkmichael 
and others as a reward for his great services in battle against 
the Duke of Albany, James, Earl of Douglas, and other rebels, 
and especially for his capture of the said Earl.°® According 
to David Hume of Godscroft,*® Earl Douglas was in 1483 
taken prisoner at the battle of Burnswark by Alexander, a 
brother of the laird of Closeburn. This Alexander had been 
one of his own attendants, and on the Earl’s surrender to him, 
kept him until he saw the King and obtained from him the 
Earl’s life. The King gave Kirkpatrick the £50 land of 
37 Act. Dom. Cone. et Sess., 1i1., fol. 184; Act. Dom. Conc., xlii., 
fol. 91. 
37a In 1525 Thomas was a pupil, his tutor being John Kirk- 
patrick of Alisland. He seems to have been brought up, firstly, by 
Robert, Lord Sanquhar, and on his decease by Ninian Crichton of 
Bellibocht (Act. Dom. Conc., xxxvi., fol. 6). 
38 R.M.S., iii., 1788. 
39 R.M.S., ii., 1603. 
40 The History of the House and Race of Douglas and Angus, 
Edinburgh, 1748, i., 380. 
