The peerage of Scotland: containing an historical and genealogical account of the nobility of that kingdom, ... collected from the public records, and ancient chartularies of this nation, ... Illustrated with copper-plates. By Robert Douglas, Esq;.

MAXWELL Earl of NITHSDALE.

THE sirname of Maxwell is mentioned in our oldest records, as soon as sirnames began to be frequently used in Scotland.

Their immediate ancestor, Machus, or Ma∣cus, lived in the reign of king Malcolm Can∣more, appears to have been a man of rank, and had considerable possessions in the county of Roxburgh, which were afterwards called the barony and parish of Macuswell, and from thence the sirname of the family.

A learned and judicious antiquary says, he has often met with the name of Machus in antient writs,* 1.1 and that it appears to be Saxon.

He says also, that Herbert, the donor of the church of Macuswell to the monastery of Kelso, in the reign of king Malcolm IV. was descended of the said Machus.

From him therefore we proceed to deduce the descent of this most noble family.

I. MACHUS, proprietor of the lands and barony of Macuswell, near Kelso inRoxburgh∣shire,* 1.2 is witness to the foundation charter of the monastery of Selkirk, by David earl of Northumberland, afterwards king David I.

He had issue two sons.

1. Hugo.

2. Edmund, who both assumed their sir∣name from their father's lands and barony of Macuswell, as was the custom of those early times, which in process of time came to be called Maxwell.

These brothers lived in the reign of king David I. who succeeded to the crown of Scotland, onno 1124, and died anno 1153.

In a donation of that good prince to the monastery of Newbottle,

II. HUGO de MACUSWELL,* 1.3 together with Herbert the chancellor, are witnesses.

This Herbert is the first chancellor we find upon record in Scotland, and died about the year 1140.

In a perambulation and division of the lands of Molla,* 1.4 Edmundus de Macuswell and Hugo de Morville, are witnesses.

This is afterwards confirmed by king Mal∣colm IV. anno 1159.

Whether Herbert, the next of this family, was son of Hugh or Edmund, we cannot pre∣tend to say, but he succeeded to the estate.

III. HERBERTUS de MACUSWELL flou∣rished in the reign of king Malcolm IV. who succeeded David anno 1153, and that of king William who succeeded Malcolm, anno 1165.

He appears to have been much about king William's court, was witness to many of his charters, and is said to have been progenitor of all the Maxwells in Scotland.

He was high sheriff of the county of Rox∣burgh,* 1.5 and made a donation to the monaste∣ry of Kelso, of the church of Macnswell, pro∣salute animae suae, &c. confirmed by king Mal∣colm IV.

In a charter of king William to the mona∣stery of Kelso,* 1.6 of some pasturage on the Mol∣la, Herbertus de Maxwell, Nigellus de Her∣ries, and Malcolm de Keith, are witnesses.

In another charter of the same prince of a donation to the monastery of Kelso,* 1.7 Herber∣tus de Macuswell, Hugh the chancellor, and William de Lindsay, are witnesses.

Hugh was chancellor from 1189 to 1199.

The same Herbert is witness to several charters and donations of the said king Wil∣liam to the monastery of Paisley,* 1.8 betwixt the years 1180 and 1198.

He died about the year 1200, and left issue two sons.

1. Sir John, his heir.

2. Robert de Macuswell, who, in a donation to the monastery of Kelso,* 1.9 by Bernard de Houdon, is designed son of Herbert the vice-comes, and brother of sir John, &c.

He was succeeded by his eldest son,

IV. Sir JOHN MACUSWELL, a man of good parts. He was concerned in all the public transactions of his time, and was in great fa∣vour with king Alexander II. who succeeded king William, anno 1214.

He succeeded his father also in the sheriff∣ship of the county of Roxburgh, for in an a∣greement betwixt the abbot and convent of Kelso,* 1.10 and William de Vetere Ponte, Johan∣nes de Macusvel vice-comes de Roxburgh, is a witness, anno 1203.

In a convention betwixt the abbot and con∣vent of Kelso, and Eustachius de Vesey, John de Macuswell,* 1.11 vice comes de Roxburgh, is a witness, anno 1207.

He was one of the ambassadors extraordi∣nary sent by king Alexander to the court of England,* 1.12 to negotiate some affairs of im∣portance, anno 1215.

He was again sent to that court to negoti∣ate the marriage betwixt king Alexander and princess Johanna,* 1.13 eldest daughter of the king of England, anno 1220, which was hap∣pily accomplished.

The family by this time had got consider∣able possessions in Dumfries-shire, particular∣ly the lands and barony of Carlaverock, which continued long to be one of their chief seats and titles.

In a transact••ion betwixt Bricius bishop of Murray, and John de Byseth, Malcolm earl of Fife, sir John Macuswell, and John de Haya,* 1.14 are witnesses, anno 1221; likeways to a charter of king Alexander II. in the year 1225.

He was also witness to a charter of king Alexander, confirming the privileges of the monastery of Kelso,* 1.15 together with William de Boseth chancellor, Walter de Olifard justiciar, &c. anno 1222.

He is witness to several donations and charters of the same prince to the monastery of Paisley,* 1.16 inter 1224 et 1230.

In the year 1231, sir JohnMacuswell, lord of Carlaverock,* 1.17 was constituted lord great chamberlain of Scotland, in the room of Hen∣ry de Baliol,* 1.18 and is witness in many charters and donations to the monastery of Colding∣ham, by kingAlexander II. inter 1230 et 1236, in which he is designed camerarius Scotiae,* 1.19 &c. Also in several donations to the abbacy of Dunfermline, betwixt the years 1232 and 1238.

He died anno 1241,* 1.20 leaving issue a son,

V. EUMERUS or AYMERUS de MACUS∣WELL, dominus de Carlaverock, who succeed∣ed him,* 1.21 and was witness with his father in a charter by king Alexander II. of a donation to the monastery of Coldingham, anno 1232.

He is witness in another charter of the same prince,* 1.22 dated apud castrum puellarum, 21st April 1235.

He is witness also in a donation to the mo∣nastery of Paisley, together with Malcolm earl, of Fife,* 1.23 Malcolm earl of Lennox, &c. and is then designed dominus Eumerus de Macuswell, miles, anno 1239.

This sir Eumer was appointed great cham∣berlain of Scotland,* 1.24 by kingAlexander III. and was one of the magnates Scotiae who entered into a solemn engagement not to conclude a peace with the king of England,* 1.25 without the consent of the prince and nobles of Wales, anno 1258.

He was also justiciar of Galloway in the same reign.

He married Mary,* 1.26 daughter and heiress of Roland de Mearns, by whom he got a great accession to his estate, particularly the lands, barony, and castle of Mearns, in Renfrew∣shire, which continued long in this family.

Eumerus de Macuswell et Maria uxor ejus,* 1.27 are mentioned in Rymer's FoederaAngliae, an∣no 1255.

By her he had issue two sons.

1. Sir Herbert, his heir.

2. Sir John, first of the Macuswells of Nether-Pollock, who, in a donation of sir Herbert to the monastery of Paisley,* 1.28 is design∣ed frater dicti Herberti, &c. and was ancestor of the Maxwells of Pollock, Calderwood, &c.

Sir Eumer was succeeded by his eldest son,

VI. Sir HERBERT de MAKSWELL, lord of Carlaverock, a man of great parts, honour and merit.

He obtained a charter from king Alexan∣der III. of the lands of Wester-Pencaitland, upon the resignation of John de Pencaitland,* 1.29 anno 1276, which continued long in the pos∣session of this family.

He was one of the Scotch nobles who obli∣ged themselves to receive and defend princess Margaret,* 1.30 daughter of Eric king of Norway, for their lawful queen and sovereign, in case of king Alexander's death without male issue, anno 1284.

He, with many others of the Scotch nobili∣ty,* 1.31 agreed to the marriage of queen Marga∣ret with prince Edward of England, in 1290.

After the death of that young queen, he was one of the magnates Scotiae chosen on the

part of Robert Bruce,* 1.32 in his competition for the crown with John Baliol, anno 1292.

He was afterwards, with many others of his countrymen, forced to swear fealty to king Edward I.* 1.33 of England, for lands lying in dif∣ferent counties, and is then designed dominus Herbertus de Macuswell, miles, anno 1296.

He died before the year 1300, leaving is∣sue three sons.

1. Sir John, his heir.

2. Sir Herbert, who got from his father the lands and barony of Mearns, and carried on the line of this family, of whom after∣wards.

3. Alexander Macuswell, who is witness in his brother's donation to the monastery of Paisley,* 1.34 hereafter mentioned.

He was succeeded by his eldest son,

VII. Sir JOHN MAKSWELL, lord of Car∣laverock,* 1.35 who with his father swore fealty to king Edward I. of England, anno 1296.

This sir John, designed filius et haeres Her∣berti de Makswell,* 1.36 grants a charter domino A∣dae Gordon, of the lands of Glenkenns in Gal∣loway, anno 1297.

He died without issue, and was succeeded by his brother,

VII. Sir HERBERT MAKSWELL of Car∣laverock, who in his brother's lifetime made a donation to the monastery of Paisley,* 1.37 of eight acres and ane half, and twenty-eight particates of land, lying in his territory and new village of Mearns in Renfrew-shire, to which his brothers sir John and Alexander Makswells are witnesses; and his seal, toge∣ther with that of Robert bishop of Glasgow, are thereunto appended. This deed has no date, but Robert was bishop there from 1273 to 1316.

He made another donation to the same mo∣nastery, of six merks per annum, out of his mill of Mearns,* 1.38 to which sir John Makswell of Nether-Pollock is a witness. This deed is also without date, but by the witnesses ap∣pears to have been about the year 1300.

He was succeeded by his son,

VIII. Sir EUSTACE MAXWELL, lord of Carlaverock, a great patriot, and a firm and steady friend to king Robert Bruce.

He held out his castle of Carlaverock a∣gainst the English for many weeks, and at last obliged them to raise the siege.* 1.39 But left it should afterwards have fallen into the enemies hands, he demolished all the fortifications him∣self, for which generous action king Robert nobly rewarded him with grants of several lands, pro f••actione et prostratione castri de Car∣laverock, &c. He also remitted him the sum of ten pounds sterling,* 1.40 which was payable to the crown yearly out of his lands of Carlave∣rock, dictas decem libras, praedicto Eustacio et haeredibus suis, per praesentes remittimus in per∣petuum, &c.

Some time thereafter he was accused of having been concerned in some treasonable practices against the crown,* 1.41 at least of con∣cealing them; but upon a strict enquiry, he was found innocent, and acquitted. He was one of the Scotch nobles who signed that fa∣mous letter to the pope, asserting the inde∣pendency of Scotland, anno 1320.

In the reign of king David Bruce, Edward Baliol for some time prevailing, gave the lands of Bonkill (then the property of Sir John Stewart) to sir Thomas—,* 1.42 an English knight, to which Eustachius de Maxwell is a witness, anno 1340.

He married Helen,* 1.43 daughter of sir— Maxwell of Nether-Pollock, by whom he had a son,

IX. Sir JOHN MAXWELL of Carlaverock, who succeeded him, and was also designed dominus ejusdem, et de Pencaitland.

He was a man of great spirit, and a steady friend of king David Bruce,* 1.44 whom he accom∣panied in his unfortunate expedition into Eng∣land, and was taken prisoner with him at the battle of Durham, anno 1346, but obtained his liberty soon afterwards.

He made a donation to the monastery of Kelso, pro salute animae suae, and is then de∣signed Johannes de Maxwell,* 1.45 dominus ejusdem, to which Thomas de Somerville, Andrew de Keith, &c. are witnesses, circa annum 1350.

And dying soon thereafter, was succeeded by his son,

X. Sir JOHN MAXWELL, also designed dominus ejusdem.

He made a donation to the monastery of Dryburgh,* 1.46 of the patronage of the church of Pencaitland, &c. wherein he is called filius et haeres domini Johannis de Pencaitland, &c.

He was one of the magnates Scotiae who obtained,* 1.47 from the estates of the nation, full powers to treat and agree with the English about king David's liberty, anno 1357, which in that year was happily accomplished.

He again obtained a safe conduct to go up to England to negotiate with that court,* 1.48 anno 1365.

He made a donation, to the monastery of Kilwinning,* 1.49 of the patronage of the church of Libberton, with an acre of land lying conti∣guous thereto, pro salute animae suae, et Agne∣tis sponsae suae, anno 1367.

By the said Agnes he left issue a son,

Sir Robert,* 1.50 his heir,—and a daughter,

Agnes, married to sir Robert Pollock of that ilk.

He was succeeded by his son,

XI. Sir ROBERT MAXWELL of Carlave∣rock.* 1.51 He made a great figure in the reigns of king Robert II. and III. and had the ho∣nour of knighthood conferred upon him by the former, with whom he was in great fa∣vour.

He obtained from that prince a charter un∣der the great seal, upon his father's resignati∣on, to Robert, son and heir of John Maxwell of Carlaverock,* 1.52 knight, (wherein he is de∣signed dilectus consanguineus regis) and Chri∣stian, his wife, and their heirs, of all the lands he had holding of the king or prince, as fully and freely as any of his predecessors possessed the same, dated at Kilwinning, the 9th day of September, 1371.

He made a donation to the monastery of Dryburgh, of the superiority of all his lands, in his territory of Pencaitland,* 1.53 which John Maitland lord of Thirlestane held of him, pro salute animae suae, et Herberti filii sui et haere∣dis, &c.

This sir Robert being a man of great abi∣lities, was appointed one of the ambassadors extraordinary to the court of England,* 1.54 super arduis materiis regna Scotiae et Angliae tangenti∣bus, &c. anno 1413.

By the said Christian his wife, he had is∣sue two sons and one daughter.

1. Sir Herbert, his heir.

2. Eumerus de Maxwell, who, in a char∣ter under the great seal,* 1.55 anno 1424, is design∣ed frater Herberti, &c.

His daughter, Margaret, married to John lord Montgomery.

He died in an advanced age, about the year 1420, and was succeeded by his eldest son,

XII. Sir HERBERT MAXWELL of Car∣laverock, who, in his father's lifetime, obtain∣ed from Archibald earl of Douglas, a grant of the stewartry of Annandale,* 1.56 confirmed by Robert duke of Albany, anno 1409, and af∣terwards by a charter under the great seal, &c. which added greatly to his power and interest in that country.

He was appointed one of the hostages for king James I.'s ransom,* 1.57 anno 1423, and is then designed Herbertus Maxwell de Carlaverock.

He had the honour of knighthood conser∣ed upon him at the solemnity of his majesty's coronation, anno 1424, and soon thereafter was created a lord of parliament, by the title of lord Maxwell of Carlaverock, &c.

He was one of the lords who sat on the trial of Murdoch duke of Albany,* 1.58 anno 1425.

In 1430,* 1.59 he was appointed warden of the marches, and is then designed Herbertus domi∣nus Maxwell; and again, anno 1438.

He married Margaret de Craigy, by whom he had two sons,

1. Robert, master of Maxwell.

2. Eustace, ancestor of the Maxwells of Tealing in the county of Forfar.* 1.60

XIII. ROBERT, master of Maxwell, eldest son and apparent heir of Herbert lord Maxwell, married Janet,* 1.61 daughter of John lord Forrester, chamberlain of Scotland, by lady Jean Sinclair his wife, daughter of Henry earl of Orkney.

He died before his father, leaving issue by the said Janet Forrester, a son,

XIV. HERBERT, second lord Maxwell, who succeeded his grandfather,* 1.62 and was ap∣pointed one of the guarantees of a treaty with the English, anno 1449.

He got the officium senescalli vailis Anan∣diae renewed,* 1.63 and confirmed to him, and got charters under the great seal, of many lands and baronies, inter 1440 et 1450.

He married,* 1.64 first, a daughter of sir Herbert Herries of Terreagles, by whom he had two sons and one daughter.

1. Robert, his heir.

2. Sir Edward,* 1.65 ancestor of the Maxwells of Tinwald, Monreith, &c.

His daughter, Agnes, married to Gilbert lord Kennedy.

He married,* 1.66 2dly, Isabel, daughter of Wil∣liam lord Seton, widow of sir Alan Stewart of Darnly, by whom he had five sons and two daughters.

1. George, ancestor of the Maxwells of Gamsalloch.* 1.67

2. David.

3. Adam, of whom the Maxwells of South∣bar, &c. in Renfrew-shire, are descended.

4. John.

5. William.

Ist daughter, Janet.

2. Mariotte.

These seven children are all substitute to one another,* 1.68 in the tailzie of Garnsalloch, anno 1475.

This lord died in October 1452, and was succeeded by his eldest son,

XV. ROBERT,* 1.69 third lord, who was re∣toured heir to his father, Herbert, lord Max∣well, on 4th February 1453.

He is one of the guarantees of a treaty with the English,* 1.70 in 1457; and to another, in 1459.

In his father's lifetime, he married lady Ja∣net

Crichton, only daughter of George earl of Caithness, and Janet countess thereof, by whom he had three sons and one daughter.

1. John, his heir.

2. George Maxwell,* 1.71 who, upon his mo∣ther's resignation, got the lands of Barnton in Mid-Lothian confirmed to him, by a charter under the great seal, anno 1460.

3. Thomas,* 1.72 of whom the Maxwells of Kirk∣connel are descended.

His daughter Janet, married to William lord Carlyle of Torthorald.

He was succeeded by his eldest son,

XVI. JOHN, fourth lord Maxwell, who, upon his father's resignation,* 1.73 got a charter, un∣der the great seal, of the lands and barony of Maxwell, Carlaverock, Mearns in Renfrew∣shire, &c. dated 14th February 1477.

After his father's death, he got charters under the great seal,* 1.74 Johanni domino Maxwell, of many lands and baronies, inter 1490, et 1508.

He married Agnes, daughter of sir Alexan∣der Stewart of Gairlies, by whom he had three sons and three daughters.

1. Robert, his heir.

2. Herbert, ancestor of the Maxwells of Cloudon.

3. Henry,* 1.75 who was taken prisoner with his brother at Solway, but was released for a ransom of one hundred pounds sterling, anno 1543.

Ist daughter, Mary, married to sir John Johnstone of that ilk.

2. Agnes, married to—Charters of Amis••ield.

3. Elizabeth, married to—Jardine of Applegirth.

This lord was a man of great courage and resolution;* 1.76 he accompanied king James IV. to the field of Flowdon, and there lost his life with his royal master, anno 1513, and was succeeded by his eldest son,

XVII. ROBERT, fifth lord Maxwell, a man of great worth and merit, and highly esteem∣ed by king James V.* 1.77 who, as soon as he took the administration into his own hands, ap∣pointed lord Maxwell, captain of the castle of Lochmaben, colonel of his majesty's guards, and warden of the west marches.

In the year 1538, he was sent ambassador extraordinary to the court of France, to ne∣gociate the marriage betwixt king James, and Mary of Lorrain, daughter of the duke of Guise, which he happily accomplished, espoused the lady in his Majesty's name, and brought her safe to Scotland, to the great satisfaction of the king, who, in reward of his faithful servi∣ces, confirmed to him the lands of Eusdale,* 1.78 Eskdale, and Wachopdale, by a charter under the great seal.

He was possessed of an immense estate, and had no less than fourteen charters from the king,* 1.79 of different lands and baronies, inter 1530 et 1540.

In one charter, there are confirmed to him, the lands of Maxwell in Roxburgh-shire, Car∣laverock in Dumsries-shire, Springkell in An∣nandale, with the office of steward thereof, and Kirkcudbright, the lands of Garnsalloch, Dursquhen, and Balmacruth, in Perth-shire, Gordonston and Grenan in Kirkcudbright,* 1.80 with the lands and baronies of Mearns and Nether-Pollock in Renfrew-shire, &c. &c. This charter proceeds upon a narrative of his faithful services in the king's minority, as warden of the marches, &c. and is dated 19th July, 1537.

He accompanied the king to the battle of Solway,* 1.81 where he was taken prisoner, and sent to the tower of London, but was after∣wards released, for a ransom of one thousand merks sterling, anno 1543.

He married,* 1.82 first, Janet, daughter of sir William Douglas of Drumlanrig, ancestor of the duke of Queensberry, by whom he had two sons and one daughter.

1. Robert, his heir.

2. Sir John Maxwell of Terreagles, who carried on the line of this family, of whom af∣terwards.

His daughter,* 1.83 Margaret, married, Ist, to Archibald earl of Angus; 2dly, to sir Willi∣am Baillie of Lamington.

He married, 2dly, lady Agnes Stewart, daughter of James earl of Buchan, and widow of Adam second earl of Bothwel, by whom he had no issue.

He died anno 1546, and was succeeded by his eldest son,

XVIII. ROBERT, sixth lord Maxwell, who was appointed one of the ambassadors extra∣ordinary to the court of England,* 1.84 anno 1551.

He died 14th September 1552,* 1.85 having married lady Beatrix Douglas, daughter of James third earl of Morton, by whom he had a posthumous son,

XIX. JOHN, seventh lord Maxwell, who succeeded him, and became a great favourite of king James VI. who appointed him war∣den of the west marches,* 1.86 as soon as he was of age; and upon the death and forfeiture of the regent Morton, he got a charter under the great seal, Johanni domino Maxwell, of the lands, baronies, earldom, and regality of Morton, &c. also a charter of several other

lands; and being immediately thereafter cre∣ated earl of Morton,* 1.87 got a charter of confir∣mation under the great seal, Johanni comiti de Morton, domino Maxwell, &c. of the lands, earldom, and regality of Morton, &c. dated anno 1581.

Sometime thereafter, upon a change of the ministry, the title of earl of Morton was re∣voked, and taken up by Archibald eighth earl of Angus, nephew to the regent; but he dying without Issue, these honours devolved upon the laird of Lochleven, anno 1588. Vi∣de page 488th of this work.

However, the lord Maxwell was still high∣ly esteemed by the king; for when his ma∣jesty was going to Norway for his queen,* 1.88 he appointed him one of the regents of the king∣dom, and acquainted queen Elizabeth thereof, by a letter under his own hand, anno 1589.

He married lady Elizabeth Douglas, daugh∣ter of David seventh earl of Angus,* 1.89 by whom he had two sons, and three daughters.

1. John, his heir.

2. Robert, afterwards earl of Nithsdale.

1st daughter, Elizabeth, married to Willi∣am lord Herries.

2. Agnes, married to William Douglas of Penzie.

3. Margaret, married to Hugh Wallace of Craigie.

This lord having been divested of his of∣fice of warden of the marches, in which he had served with great fidelity, it was confer∣red upon John Johnston of that ilk,* 1.90 which occasioned a deal of ill blood betwixt the fa∣milies, and at last proved fatal to this noble lord himself; for he lost his life in a scu••••••e with the Johnstons in December 1593, and was succeeded by his eldest son,

XX. JOHN, eighth lord Maxwell, who married lady Margaret,* 1.91 daughter of John marquis of Hamilton, by whom he had no children.

This lord was of a high and vindictive spi∣rit, and determined to revenge his father's slaughter upon the Johnstons. At last he found an opportunity,* 1.92 and put to death sir James Johnston of that ilk, son of the last John, for which he was tried, condemned, forfeited, and beheaded at the cross of Edin∣burgh, 21st May 1613.

He having no issue, the representation de∣volved upon his brother,

XX. ROBERT,* 1.93 ninth lord Maxwell, a man of singular worth and merit, who was re∣habilitate, and put in possession of all his bro∣ther's estate anno 1618.

He got charters under the great seal, Ro∣berto domino Maxwell,* 1.94 of many lands, in the years 1618 and 1619; and being in great fa∣vour with his majesty, was, in 1620, created earl of Nithsdale,* 1.95 with precedency from his father's creation of earl of Morton in 1581, by patent to his heirs-male general. He took his place accordingly in the parliament 1621.

He got charters under the great seal, Ro∣berto comiti de Nithsdale, Eskdale, et Carleil, of the lands and earldom of Nithsdale,* 1.96 the lands, lordship, and barony of Mearns, and many others, in the years 1621 and 1622.

Upon the breaking out of the civil war, he heartily espoused the interest of the royal fa∣mily,* 1.97 and served them to the end of his days with great fidelity, on which account he suf∣fered sequestration, imprisonment, and many other hardships.

He married Elizabeth,* 1.98 daughter of sir Fran∣ces Beaumont, a near relation of sir George Villiers, the great duke of Buckingham, by whom he had a son,

Robert, lord Maxwell.

When this lord found he could do the king no more service, in order to avoid the perse∣cution of his enemies, he retired to the Isle of Man, in the end of the year 1647, died there, and was succeeded by his only son,

XXI. ROBERT, second earl of Nithsdale, who was also most sincerely attached to the interest of the royal family, and was impri∣soned by the parliament,* 1.99 when only a young man; but was liberate upon his finding bail to appear when called, anno 1646.

After the restoration he got charters under the great seal, Roberto comiti de Nithsdale, of many lands and baronies,* 1.100 inter 1661 et 1663.

But he dying unmarried, anno 1667, his estate and honours devolved upon his cousin and heir-male, John lord Herries, lineally de∣scended of sir John Maxwell of Terreagles, be∣fore mentioned, to whom we now return.

XVIII. Sir JOHN MAXWELL of Terre∣gles, second son of Robert, fifth lord Max∣well, married Agnes, eldest daughter and co∣heiress of William fourth lord Herries, with whom he got the lands and barony of Terrea∣gles, &c.

He was a great loyalist, a firm and steady friend of queen Mary,* 1.101 was one of the com∣missioners appointed by her majesty to treat with the English, anno 1560, and is then de∣signed sir John Maxwell of Terreagles.

He was again nominated one of her maje∣sty's ommissionres to the court of England,* 1.102 in 1563, and was also constituted warden of the west marches.

At the solemnity of king James VI.'s co∣ronation,

he got the honours and titles of lord Herries of Terreagles conferred upon him, in 1566, and was fifth lord Herries.

By the said Agnes Herries he left issue two sons, and one daughter,

1. John, afterwards lord Herries.

2. James Maxwell of Brachinside, who was father of Alexander Maxwell of Terrach∣ty, who had two sons, John Maxwell of Ter∣rachty, and William of Carochan. John Max∣well of Terrachty was father of John Maxwell now of Terrachty, whose eldest son (in case of this lord Maxwell's dying without male-issue) is male representative of this most noble and antient family.

His daughter,* 1.103 Agnes, married to sir John Gordon of Lochinvar.

He was succeeded by his eldest son,

XIX. JOHN,* 1.104 sixth lord, who got charters under the great seal, Johanni domino Herries, of many lands and baronies, inter 1608 et 1612.

He married Elizabeth Maxwell,* 1.105 by whom he had a son and successor,

XX. JOHN, seventh lord Herries, who, upon the death of Robert, second earl of Nithsdale, without issue, succeeded to his e∣state and honours, anno 1667, being next heir male, as before observed, and was third earl of Nithsdale.

He married Elizabeth, daughter of sir Ro∣bert Gordon of Lochinvar,* 1.106 ancestor of lord viscount Kenmure, by whom he had a son,

XXI. ROBERT, fourth earl of Nithsdale, who succeeded him, and married lady Lucy, daughter of William marquis of Douglas, by whom he had a son,

William, his heir,—and a daughter,

Lady Mary Maxwell, married to Charles earl of Traquair.

He died anno 1695, and was succeeded by his only son,

XXII. WILLIAM, fifth earl of Nithsdale, who married lady Winifred Herbert, daughter of William marquis of Powis, by lady Eliza∣beth Somerset his wife, daughter of Edward marquis of Worcester, by whom he had a son,

William, lord Maxwell,—and a daugh∣ter,

Lady Anne Maxwell, married to John lord Bellew, of the kingdom of Ireland.

This noble lord had the misfortune to be engaged in the rebellion 1715, was taken at Preston, and sent prisoner to the tower of London, was tried by his peers for treason in January 1716, condemned to be beheaded on the 24th of February thereafter, with the lords Derwentwater and Kenmure, and his e∣state and honours were forfeited to the crown; but the night before execution, he made his escape out of the tower, got beyond seas, and died at Rome, anno 1744.

XXIII. WILLIAM lord Maxwell, only son of William fifth earl of Nithsdale, had it not been for his father's forfeiture, would have been sixth earl of Nithsdale.

He married his cousin, lady Catharine Stew∣art, daughter of Charles earl of Traquair, by whom he hath two daughters.

1. Mary, who died young.

2. Winifred, married to William Constable of Effringhame, of the kingdom of England, Esq; to whom she hath two sons, and one daugh∣ter. 1. Marmaduke-William, 2. William. Their daughter, Catharine.

ARMS.

Argent, an imperial eagle, displayed sable, beaked and membered gules, surmounted of an escutcheon of the first, charged with a sal∣tier of the second, and sur-charged in the cen∣ter with an urchin or.

CREST; a stag proper, attired argent, couchant before an holly bush proper.

SUPPORTERS; two stags proper, attired argent.

MOTTO; Reviresco.

CHIEF SEATS.

At Terreagles, Carlaverock, &c. in Dum∣fries-shire.

Notes

• * 1.1

  Sir James Dalrymple.
• * 1.2

  Ibidem, and Lives of the offic. of state.
• * 1.3

  Chartulary of Newbottle.
• * 1.4

  Chartulary of Kelso.
• * 1.5

  Ibidem.
• * 1.6

  Ibidem.
• * 1.7

  Ibidem.
• * 1.8

  Chartulary of Paisley.
• * 1.9

  Chartulary of Kelso.
• * 1.10

  Chartulary of Kelso.
• * 1.11

  Ibidem.
• * 1.12

  Rymer, tom. I. p. 203.
• * 1.13

  Ibid. p. 241.
• * 1.14

  Chartulary of Murray, pe∣nes MacFar∣lane.
• * 1.15

  Chartulary of Kelso.
• * 1.16

  Chartulary of Paisley, penes comitem de Dundonald.
• * 1.17

  Lives of the offic. of state.
• * 1.18

  Chartulary of Coldingham, penes Mac∣Farlane.
• * 1.19

  Chartulary of Dunfermline, and Levenax,
• * 1.20

  Chronicle of Melrose.
• * 1.21

  Chartulary of Coldingham.
• * 1.22

  Chartulary of Murray.
• * 1.23

  Chartulary of Paisley.
• * 1.24

  Lives of the offic. of state,
• * 1.25

  Rymer, tom. I. p. 653.
• * 1.26

  Lives of the offic. of state, history of the shire of Ren∣frew, &c.
• * 1.27

  Rymer, tom. I. p. 566.
• * 1.28

  Chartulary of Paisley.
• * 1.29

  Dalrymple's collect. p. 353.
• * 1.30

  Rymer, tom. II. p. 266.
• * 1.31

  Ibid. p. 471.
• * 1.32

  Rymer, tom. II. p. 553.
• * 1.33

  Prynne, vol. III. p. 651, 662, &c.
• * 1.34

  Chartulary of Paisley.
• * 1.35

  Prynne's col∣lect. vol. III. p 651.
• * 1.36

  MacFarlane's collect. vol. II. p. 194.
• * 1.37

  Chartulary of Paisley, F. 61.
• * 1.38

  Ibid. fol. 62.
• * 1.39

  Crawfurd's peerage.
• * 1.40

  Chart. in pub. archiv. and Haddington's collections.
• * 1.41

  Fordun, vol. II. p. 274, & 275.
• * 1.42

  Rymer, tom. V. p. 177.
• * 1.43

  Chart. in pub. archiv. Elena Maxwell, re∣licta quond. dom. Eustacii, &c.
• * 1.44

  Rymer, tom. V. p. 534.
• * 1.45

  Chartulary of Kelso.
• * 1.46

  Charta penes comitem de Lauderdale.
• * 1.47

  Rymer, tom VI. p. 43.
• * 1.48

  Ibid. p. 463.
• * 1.49

  Chart. in ar∣chivis regis David.
• * 1.50

  Charta penes dom. Pollock de eodem.
• * 1.51

  Crawfurd's peerage.
• * 1.52

  Chart. in pub. archiv.
• * 1.53

  Chart. penes comitem de Lauderdale.
• * 1.54

  Rymer, tom. IX. p. 71.
• * 1.55

  Chart. in pub. archiv.
• * 1.56

  Ibidem.
• * 1.57

  Rymer, tom. X. p. 307.
• * 1.58

  Fordun, vol. II. p. 483.
• * 1.59

  Rymer, tom. X. p. 491.
• * 1.60

  Chart. in pub. archiv.
• * 1.61

  Ib. and Craw∣furd's peer∣age.
• * 1.62

  Rymer, tom. XI. p. 254.
• * 1.63

  Chart. in pub. archiv.
• * 1.64

  Crawfurd's peerage.
• * 1.65

  Chart. in pub. archiv.
• * 1.66

  Ibidem.
• * 1.67

  Ibidem.
• * 1.68

  Ibidem.
• * 1.69

  Retour in archivi•• sam. de Maxwell.
• * 1.70

  Rymer. tom. XI. p. 397 & 426.
• * 1.71

  Chart. in pub. archiv.
• * 1.72

  Ibidem.
• * 1.73

  Chart. in ar∣chiv. fam. de Nithsdale.
• * 1.74

  Chart. in pub. archiv.
• * 1.75

  Rymer, tom. XIV. p. 796.
• * 1.76

  Crawfurd's peerage.
• * 1.77

  Ibidem, et Chart. in pub. archiv.
• * 1.78

  Chart. in pub. archiv.
• * 1.79

  Ibidem.
• * 1.80

  Ibid. et chart. in archiv. fam. de Nithsdale.
• * 1.81

  Rymer, tom. XIV. p. 796.
• * 1.82

  Crawfurd's peerage.
• * 1.83

  Haddington's collections.
• * 1.84

  Rymer, tom. XV. p. 263.
• * 1.85

  Chart. in pub. archiv.
• * 1.86

  Ibidem.
• * 1.87

  Ibidem.
• * 1.88

  Rymer, tom. XVI. p. 27.
• * 1.89

  Chart. in pub. archiv. ad an∣num 1571.
• * 1.90

  Ibidem.
• * 1.91

  Ibidem.
• * 1.92

  Crawfurd's peerage, &c.
• * 1.93

  Chart. in ar∣chivis fam. de Nithsdale.
• * 1.94

  Chart. in pub. archiv.
• * 1.95

  Chart. in ar∣chivis fam. de Nithsdale.
• * 1.96

  Chart. in pub. archiv.
• * 1.97

  Rescinded acts, and mi∣nutes of parlt.
• * 1.98

  Haddington's collections.
• * 1.99

  Minutes of parliament. & rescinded acts.
• * 1.100

  Chart. in pub. archiv.
• * 1.101

  Rymer, tom. XV. p. 566.
• * 1.102

  Ibid. p. 631.
• * 1.103

  Chart. in ar∣chivis fam. de Kenmure.
• * 1.104

  Chart. in pub. archiv.
• * 1.105

  Ibid. ad ann. 1612.
• * 1.106

  Chart. in ar∣chlvis fam. de Nithsdale: