1265, he was justiciary of Galloway, (Lib. de Melrose, Tom. i. p. 274.) He had three sons: Sir Herbert, his successor; Sir John, to whom he gave the lands of Nether Pollock in Renfrewshire, and who was the founder of the family of that designation, baronets of 1682; and Alexander, of whom nothing is known.

Sir Herbert, the eldest son, sat in the parliament at Scone, 5th February, 1283-4, when the nobles agreed to acknowledge the Maiden of Norway as queen of Scotland, on the death of her grandfather, Alexander III. He is witness to an agreement between the Convent of Passelet and John de Aldhus, in 1284, (Chartulary of Paisley, p. 66.) In 1289, he was one of the barons who subscribed the letter to Edward I., from Brigham, as to the marriage of the Maiden of Norway with his son Edward. On June 6, 1292, he was one of those named on the part of John Baliol to discuss before Edward the right to the throne of Scotland, and in the same year he swore fealty to Edward. He died before 1300. Of three sons which he had, the eldest predeceased him.

Sir Herbert, the second son, succeeded him, and soon after his castle of Carlaverock sustained a siege from the English, a singularly curious and minute description of which has been preserved in a poem, in Norman-French, supposed to have been written by Walter of Exeter, a celebrated Franciscan friar, who is also said to have been the author of the roinantic history of Guy, earl of Warwick. This description of the siege of Carlaverock castle suggested to Sir Walter Scott the idea of the siege of the castle of Front de Bœuf in "Ivanhoe." About the 1st of July, 1300, the English army left Carlisle commanded by Edward I. in person, attended by the prince of Wales, afterwards Edward II., and the whole chivalry of England. At this time Edward was in possession of almost every stronghold in Scotland between Berwick and the Moray frith. The strong castle of Carlaverock alone held out. The assaults of the English were made by every description of engine then in use, while the besieged showered upon their assailants such " huge stones, quarrels, and arrows, and with wounds and bruises they were so hurt and exhausted, that it was with very great difficulty they were able to retire." Indeed, the courage of the garrison, which amounted only to sixty men, was most conspicuous. We are told that as one of them became fatigued another supplied his place, and they defended the fortress gallantly the whole of one day and night, but the numerous stones thrown by the besiegers, and the erection of three large battering engines of great power, caused them to surrender. To obtain a cessation of hostilities, they hung out a pennon, but the soldier who exhibited it, was shot through the hand to his face by an arrow. The rest demanded quarter, surrendered the castle, and submitted to the mercy of the king of England.

Sir Herbert's son, Sir Eustace Maxwell, succeeded his father before 1312. Entertaining the hereditary feelings of his family in favour of the Baliols and Comyns, in opposition to Robert the Bruce, he regained possession of the castle of Carlaverock, and on April 30, 1312, he received from Edward II., an allowance of £20 for its more secure keeping. He afterwards joined the party of Robert the Bruce. His castle of Carlaverock was again in consequence besieged by the English, and defended for several weeks, when the assailants were compelled to retire. Fearing that it might again fall into the hands of the English, Sir Eustace demolished a part of the fortifications, for which he was rewarded by King Robert Bruce. Sir Eustace was one of the barons who signed the letter to the Pope, asserting the independence of Scotland, in 1320, and in the same year was tried for being accessory to a conspiracy against the king, but was acquitted.

In 1332, Edward Baliol landed in Scotland, and was crowned at Scone. He was afterwards besieged in Perth, when the men of Galloway, under Sir Eustace de Maxwell, invaded the lands of the besiegers, and caused them to raise the siege, (Chron. de Lanercost, p. 269,) On Dec. 13, 1333, Sir Eustace, with others, was chosen by Edward III., to ascertain the value of the castle, county, and city of Berwick upon Tweed, (Rotuli Scotia, vol. i. p. 260.) January 26, 1335-6, he was appointed one of the conservators of the truce with the Scots, on the part of Edward, and on August 23, following, a letter was sent to him as sheriff of Dumfries, as well as to the other sheriffs of Scotland, rebuking them for their tardiness in giving in their accounts, (Ibid. vol. i. p. 441.) In 1337, he made a temporary defection from Baliol, and caused the men of Galloway on his own side of the Cree, to rise against the English, although he had only immediately before received from Edward III, money and provisions for the more secure keeping of Carlaverock castle, (Chronicon de Lanercost, p. 290.) The castles of Dumbarton and Carlaverock are said to have been the only strong castles then in possession of the Scots. The latter had therefore been repaired after its demolition. On August 20, 1339, Sir Eustace de Maxwell, Duncan Makduel, aud Michael Mageth, of Scotland, received from Edward III. letters of pardon, and admitting them to the king's peace, for having joined with his enemies, (Rotuli Scotia, vol. i. p. 571.) Sir Eustace was a witness to a charter of confirmation by Edward III., in 1340. He died at Carlaverock, March 3, 1342-3.

Sir John de Maxwell, knight, "son of the deceased Sir John Maxwell of Pencateland, and heir of Sir Eustace de Maxwell, his brother," succeeded, as appears by charter granted by him to the Abbey of Dryburgh, confirmed by William, Prior of St. Andrews in 1343, being "the patronage of the church of Pencateland, which John de Maxwell of Pencateland, and Sir John Maxwell, knight, dominus de Maxwell, granted to the abbot and convent of Dryburgh" Sir John Maxwell was taken prisoner, with David II., at the battle of Durham, in 1846, and died shortly after.

Sir John Maxwell, Lord (dominus) of Maxwell, his son, probably did not for a time regain possession of Carlaverock. Roger de Kirkpatrick had in the end of 1356 taken the castle of Carlaverock and levelled it with the ground, and when residing in the neighbourhood, was, in June following, assassinated by Sir James Lindsay. Sir John Maxwell sat in the meeting of the Estates at Edinburgh, 26th September 1357, when the terms proposed by Edward III. relative to the release of David 11. were agreed to, and he was engaged in the negotiations relating thereto. A charter was granted by Robert II. to Robert de Maxwell, son and heir of John Maxwell of Carlaverock, knight, on the resignation by his father of the lands he held of the king, under reservation of his liferent, and of the terce, to Christian his spouse, in case she survived him, dated Sept. 19, 1371. He is supposed to have died in 1373.

His son, Sir Robert Maxwell of Carlaverock, succeeded. In the charter of resignation mentioned above, he is called by King Robert II., dilectus consanguineus noster, which would infer that his mother Christian was related to the king. He is supposed to have erected the castle of Carlaverock on its present site, the former one having been in a lower situation more to the east. He made a grant to the monastery of Dryburgh, for the welfare of his soul and of the soul of Sir Herbert de Maxwell, his son and heir, before 1400, (Liber de Dryburgh, p. 273.) He seems to have been alive in 1407, but was dead before Nov. 23, 1413. The Sir Robert Maxwell who was then sent as ambassador to the English court must have been Sir Robert Maxwell of Calderwood.

disorders they had overlooked, if not encouraged, during the time that Angus had usurped the government. In a few | months, however, they were released, after delivering pledges for their allegiance. On 17th November 1533, his lordship was appointed an extraordinary lord of session. In 1536 he made a hostile incursion into England, and burnt Penrith. In August of the same year he was appointed one of the mem- | bers of the regency, to whom the government of the kingdom was intrusted during the absence of James V., on his matrimonial expedition to France; and in the following December he was one of the ambassadors sent to that country to negotiate the marriage of James with Mary of Guise, widow of the duke of Longueville, whom he espoused as proxy for the king.

with his English confederates, was imprisoned in Dumfries. He died 9th July 1546. He was twice married, but had only issue by his first wife, Janet, daughter of Sir William Douglas of Drumlanrig, namely, a daughter, Margaret, countess of Angus, and afterwards Lady Baillie of Lamington, and two sons, Robert, 6th Lord Maxwell, and Sir John Maxwell of Terregles, who married Agnes, daughter of the third Lord Herries, and as the 4th Lord Herries, but first of the Maxwell family, distinguished himself by his faithful adherence to Queen Mary. (See vol. ii. p. 473.)

Robert, sixth Lord Maxwell, was one of the commissioners to treat with the English, 8th May, 1551, and died 14th September, 1552. By his wife, Lady Beatrix Douglas, the 2d of 3 daughters of James, 3d earl of Morton, he had Robert, who died young, and a posthumous son, John, 7th Lord Maxwell.

On the death of James V., which happened soon after, his lordship, with the other captive lords, was allowed to return to Scotland, his ransom being 1,000 marks. They were previously compelled, however, to enter into a bond or obligation to promote the designs of the English monarch on their native country. He zealously promoted the fruitless projects of Henry VIII., relative to a marriage betwixt the infant Queen Mary and his son, Prince Edward.

While in England he is supposed to have become a convert to the doctrines of the Reformation, and in the first parliament of the young queen, which met March 13, 1543, he presented an act that all should have liberty to read the Bible in the Scottish or English tongue, but under the proviso, not very consistent with his reformed views, that "na man dispute or hald opinions under the pains conteinit in the actis of parliament." This act was passed into a law, and publicly ratified by the regent Arran, notwithstanding the protest of the lordchancellor and the prelates. Towards the end of the same year he was apprehended at Edinburgh, with Lord Somerville, on a charge of entering into a treasonable agreement with England, but on the arrival of an English fleet in Leith Roads on 3d May following, he was set at liberty. On 16th September, 1545, with the lairds of Lochinvar and Johnston, aided by some French troops, he invaded England by the western borders, but was taken prisoner. As his conduct towards King Henry had been suspicious and vacillating, he was threatened to be sent to the Tower by that imperious monarch, when he offered to serve under the earl of Hertford, on his invasion of Scotland, with a red cross on his armour, to show that he was true to the English interests. By delivering up Carlaverock to the English, he was allowed to return to Scotland, but early in November of the same year, the regent and Cardinal Bethune attacked and stormed that fortress, whilst Lochmaben and Threave, held by his sons, experienced a similar fate. Maxwell himself, being taken

in 1574. He was a zealous supporter of Queen Mary, and in 1570, when the earl of Sussex was sent by Queen Elizabeth into Scotland, with an army of 15,000 men, to support King Jaines VI., after the assassination of the regent Moray, the English commander "took and cast down the castles of Carlaverock, Hoddam, Dumfries, Tinwald, Cowhill, and sundry other gentlemen's houses, dependers on the house of Maxwell, and having burnt the town of Dumfries, returned with great spoil to England." Lord Maxwell and Lord Herries attended the parliament held in Queen Mary's name at Edinburgh, 12th June, 1571. In right of his mother he was heir of one-third of the earldom of Morton; he had acquired right to another third from Margaret, her elder sister, with consent of her husband, the duke of Chatelherault, and he was heir apparent of the youngest sister, who died childless. He, therefore, considered that the earldom of Morton was his by right, and that all the entails executed by James, 3d earl, were illegal. The earl of Morton, appointed regent of the kingdom Nov. 24, 1572, seemed himself to doubt their legality, for he "pressed by all means that the Lord Maxwell should renounce his title thereto, quilk he refusing he commanded him to prison in the castle of Edinburgh, where lykwayes refusing to renounce, he was sent to Blackness, and from thence to St. Andrews, where he and the Lord Ogilvie abode till the March thereafter." (Hist. Family of Maxwell.) In 1579, Morton caused Lords Jolin and Claud Hamilton to fly the country, and delivered the Duchess of Chatelherault, their mother and Lord Maxwell's aunt, and the earl of Arran, then insane, into the charge of the notorious Captain Lammie, and in order to injure, as much as in his power, every descendant of the 3d earl of Morton, to whom he was indebted for his honours and estates, he deprived Lord Maxwell of the wardenship, and conferred the office on the laird of Johnston, the hereditary enemy of the house of Maxwell. On the execution and attainder of the regent Morton, Lord Maxwell obtained, as representative of his mother, a charter of the earldom of Morton, erected of new in his favour, June 5, 1581, and ratified with consent of the Estates, Nov. 19 thereafter. He seems to have been, about the same time, reponed as warden of the west marches, which office he held till the conspiracy of the earl of Gowrie in 1582, when the duke of Lennox was driven from the government. He adhered to the duke, and accompanied him to Glasgow on his way to Dumbarton castle. On Nov. 30 of that year, when Lennox meditated the seizure of the capital, Lord Maxwell and others of his supporters arrived

in that city, with their followers, to assist him, but departed without carrying their design into effect.

The attainder of the earldom of Morton was rescinded by the king's letters under the great seal, in January 1585, in favour of Archibald earl of Angus, the heir of entail, (ratified by act of parliament of 29th July 1587,) who thereby succeeded to the old title of earl of Morton, but not affecting Lord Maxwell's title of earl of Morton created in 1581 (see MORTON, earl of). | Having incurred Arran's displeasure for refusing to exchange his lands of Pollok and Maxwellhaugh, which lay contiguous to Arran's estate, for others of equal value, Lord Maxwell prozeeded to collect a force in his own defence, when he was denounced rebel, and put to the horn, through the malice of the earl of Arran, on which the lieges were commanded by proclamation to meet the king on Crawfordmuir, on Oct. 24, to proceed against him. He joined the banished nobles in their conspiracy for the removal of Arran, whom they considered the cause of all the evils that afflicted the country, and was with them when, on Nov. 1, they took the castle of Stirling. On this occasion his followers availed themselves of the opportunity to do a little bit of business on their own account, while in effect assisting in the overthrow of the court favourite, for, we are told, they carried off by force all the horses they could find, "not respecting friend or foe." A general act of indemnity was passed in favour of the lords who had driven Arran from court, and on December 10, 1585, a special Act of Parliament granted Lord Maxwell, his friends and servants, entire indemnity for all their unlawful doings within the realm, from April 1569 to the date thereof. Of the men named in the act, there were about 600 from Lord Maxwell's own estates in Nithsdale and Galloway, 600 from Eskdale, Ewesdale, and Wauchopedale, mostly Beatties, Littles, and Armstrongs, 340 from Lower Annandale, chiefly Carruthers, Bells, and Irvings, and about 450 better organized soldiers, in three companies of infantry, and two troops of cavalry, one troop being from Galloway and Nithsdale, commanded by John Maxwell of Newlaw and Alexander Maxwell of Logan; and the other from Annandale, commanded by George Carruthers of Holmends, and Charles Carruthers, his son.

Having, contrary to law, caused mass to be celebrated openly in the college of Lincluden, near Dumfries, on 24th, 25th, and 26th Dec. of the same year, his lordship, and the rest of the hearers, were charged to appear before the secret council. On his appearance he offered himself to trial, but was committed to the castle of Edinburgh. It does not appear how long he remained a prisoner. Tytler says (Hist. of Scotland, vol. ix., p. 4), that when the king received the news of his mother's execution, he sent for Lord Maxwell, and others of the more warlike of the border leaders, to consult as to what should be done. He was not, however, employed in the matter, for on April 12, 1587, he gave bond, with John, Lord Hamilton, William, Lord Herries, and Sir John Gordon of Lochinvar, as cautioners, that he would leave the realm and go beyond sea in a month, and in the meantime should not trouble the country, nor, when abroad, do anything to injure the religion then professed, or the peace of the realm, and should not return without his Majesty's special license. Lord Herries, also, on May 29 following, gave bond that Sir Robert Maxwell of Dinwiddie, John Maxwell of Conheath, and Edward Maxwell of the Hills-probably imprisoned at the same time as Lord Maxwell-should not do or attempt anything to the prejudice of the religion then professed. Soon after, Lord Maxwell went to Spain, and when there he did what he could to promote the success of the invasion of England by the Armada, and, with that view, to produce a diversion in Scotland, where a powerful body of the nobility was ready to

assist (Ibid. vol. ix., p. 17.) In the month of April 1588, he returned to Scotland without the king's license. He at once began to assemble his followers, that he might be ready to assist the Spaniards on the arrival of their much-vaunted Armada. He fortified the castle of Lochmaben, the command of which he gave to Mr. David Maxwell, brother of the laird of Cowhill, while he himself took refuge on board a ship. With a large force James marched to Dumfries, and summoned Lord Maxwell's various castles to surrender. They all obeyed, except Lochmaben, but after two days' firing it also was given up, when the governor and five of his officers were hanged before the castle gate. In the meantime, Sir William Stewart, brother of Captain Stewart, the quondam earl of Arran, was sent after Lord Maxwell. Finding himself pursued, his lordship, quitting the ship, took to the boat, and had no sooner landed than he was apprehended. He was at first conveyed to Dumfries, but afterwards removed to the castle of Edinburgh, and deprived of his office of warden of the western marches, which was conferred on the laird of Johnston.

With other imprisoned nobles, Lord Maxwell was released from his confinement on 12th September, 1589, to do honour, by their attendance, to the queen of James VI. on her arrival in Scotland from Denmark. He had become, from policy or otherwise, a convert to Protestantism, and on 26th January, 1593, subscribed the Confession of Faith before the presbytery of Edinburgh, under the name of Morton. On the 2d February following he and the new earl of Morton, striving for precedency in the church at Edinburgh, were parted by the provost before they had time to draw their swords, and conveyed under a guard to their lodging, as was also Lord Hamilton, for having assisted Maxwell.

He had been restored to the wardenship of the western marches, but in consequence of its having been held for a time by the laird of Johnston, the old feud was renewed between the two families. On the 7th December, 1593, at the head of about 2,000 men, Lord Maxwell, having a commission of lieutenantcy, went to demolish some houses belonging to the Johnstons, when he was resisted by the chief of that name, with his allies, the Scotts, Elliots, and other border clans, to the number of 500 men, and “being a tall man and heavy in armour," was slain. This affair was called the battle of Dryfe sands. The Maxwells, though much superior in numbers, were routed and pursued; and lost, on the field and in the retreat, about 700 men, besides their commander. Many of those who were killed or wounded in the retreat were cut down in the streets of Lockerby, and hence the phrase, currently used in Annandale to denote a severe wound, “ A Lockerby Lick." By his wife, Lady Elizabeth Douglas, second daughter of the 7th earl of Angus, Lord Maxwell had, with three daughters, three sons, John and Robert, 8th and 9th Lord Maxwell, and James Maxwell of Kirkconnel and Springkell, who left no issue.

John, 8th Lord Maxwell, the eldest son, was put to the horn for various acts of disobedience to the king's authority, and by the laws then in force as to religion, before the year 1600. The old feud between the Maxwells and the Johnstons was kept up by the appointment of Sir James Johnston to the wardenship, June 17, 1600. Lord Maxwell was in March 1602 imprisoned in the castle of Edinburgh on account of his favouring popery. He afterwards broke out of ward, and was proclaimed a traitor. A sort of reconciliation had taken place between the Maxwells and the Johnstons, in testimony whereof Lord Maxwell executed "Letters of Slayns," June 11, 1605.

In 1607, Lord Maxwell, asserting still his rights as earl of

Morton, got into disputes with the other earl of Morton about holding courts in Eskdalemuir, in consequence whereof he was committed to the castle of Edinburgh. He escaped from the castle Dec. 4 of that year, along with Robert Maxwell of Dinwiddie. He was then put to the horn, and diligent search made for him. On Feb. 2, 1608, King James wrote to the privy council, complaining that, in contempt of his authority, Lord Maxwell travelled openly through the country with 20 horse, and even appeared at Dumfries, and directed that he be sought for, and either taken or put out of the bounds. In answer, the privy council informed the king that they had used all diligence in searching for Lord Maxwell, and punishing his resetters, and asked to have designed a certain cave to which he used to resort. The cave inquired about was probably what is now called "Lord Maxwell's cave," in Clawbelly Hill, parish of Kirkgunzion. Tired of this uncomfortable life, Lord Maxwell desired to be restored to the king's favour, and for that purpose, in April, 1608, sent a message by his cousin, Sir Robert Maxwell of Orchardton, to Sir James Johnston of Johnston, the brother-in-law of the latter, who had expressed a wish for a reconciliation, that a friendly meeting might take place between them. Accordingly, they met on horseback on the 6th of that month, Lord Maxwell attended by Charles Maxwell of Kirkhouse, and Sir James Johnston by William Johnston of Lockerby, Sir Robert Maxwell being also present. With Sir Robert Maxwell, the two chiefs rode apart to confer together, but, a quarrel taking place between the attendants, Johnston's friend was shot at by a pistol fired by the other. The laird of Johnston, crying out "treason," rode| forward to see what was the matter. Lord Maxwell, at that moment, shot him in the back, and he fell off his horse dead. His lordship immediately fled to the continent. His title and estates were forfeited, and all his offices vested in the crown. In March 1612 he ventured to return to Scotland, and being closely pursued, retired to Caithness, intending to take shipping there for Sweden, but was betrayed by his kinsman, George, 5th earl of Caithness, conveyed by sea to Leith, and imprisoned in the jail of Edinburgh. For the "treasonable murder," as slaughter under trust was then termed, of Sir James Johnston, (who had married Sarah Maxwell, sister of John, 7th Lord Herries, and was ancestor of the marquises of Annandale,) he was, on 21st May following, beheaded at the cross of Edinburgh. He married Lady Margaret Hamilton, only daughter of John, first marquis of Hamilton, without issue.

His brother, Robert, 9th Lord Maxwell, was restored to the title and estates of the family, 13th Oct., 1618, and on 29th August, 1620, the title of earl of Morton, at one time held by this family, was changed to earl of Nithsdale, with the precedency of the former title. (See NITISDALE, earl of.)

There are five baronetcies held by families of the name of Maxwell-namely, of Pollok, Renfrewshire; of Calderwood, Lanarkshire; of Cardoness, Kirkcudbrightshire; of Monreith, Wigtownshire; and of Springkell, Dumfries-shire.

The baronetcy of Orchardton, extinct or dormant, was about to be claimed by the heir in 1805, but the estates having been sold the idea was given up.

croce, in the same county, from Robert the Bruce. Towards the close of the reign of that monarch he was governor of the castle of Dumbarton. He was succeeded by Sir Robert Maxwell of Pollok.

The next possessor of Pollok was Sir John Maxwell, who married, 1st, Isabel de Lindsay, daughter of Sir James Lindsay of Crawford, by Lady Egidia Stewart, sister-in-law of Robert II., and daughter of Walter the high steward, and by her he had 2 sons, John, his successor, and Robert, ancestor of the Maxwells of Calderwood; 2dly, Elizabeth de St. Michel, heiress of Whitchesten, Roxburghshire, supposed without issue.

His elder son, Sir John Maxwell, knight, early distinguished himself in arms, especially at the battle of Otterburn in 1388. According to Froissart, he there made prisoner Sir Ralph Percy, brother of Hotspur, an exploit that drew from John Dunbar, earl of Moray, under whom he served and graduated in chivalry, the encomiastic exclamation of "Well, Maxwell, hast thou earned thy spurs to-day!" With his relatives the Lindsays, Montgomeries, and others, all emulous of military glory, he readily joined the renowned and gallant James, earl of Douglas, in that enterprize. He married a daughter of the Sieur de Montgomery, who also fought at Otterbourne. Thomas Maxwell of Pollok, succeeded. He was alive in 1440. His son, John Maxwell of Pollok, was living in 1452. His male heir, before and after 1500, Sir John Maxwell of Pollok, married Lady Elizabeth Stewart, daughter of John, earl of Lennox, and had by her four sons. 1. Sir John, his heir. 2. Robert, bishop of Orkney, a distinguished prelate. 3. George, of Cowglen, whose son, Sir John Maxwell, acquired the estates by marriage. 4. Thomas, whose descendants carried on the line of the family.

The eldest son, Sir John Maxwell of Pollok, had a son, John Maxwell, who predeceased him in 1536. The latter married Elizabeth, daughter of Sir Patrick Houston of Houston, and had a daughter, Elizabeth, sole heiress of Pollok.

This Elizabeth succeeded her grandfather, and married Sir John Maxwell, son of the above-mentioned George Maxwell of Cowglen, the collateral heir male. He was knighted by Queen Mary, and fought at Langside.

Their son, Sir John Maxwell of Pollok, succeeded. He fell at the battle of Lockerby, in 1593. He married, 1st, Margaret, daughter of William Cunningham of Caprington, by whom he had a son, Jolin, and a daughter, Agnes, wife of John Boyle of Kelburn, ancestor of the earls of Glasgow ; 2dly, Marjory, daughter of Sir William Edmonston of Duntreath, and widow of Mungo Graham of Urchill, a cadet of the house of Montrose.

The son, Sir John Maxwell of Pollok, who figured after 1593 and in the reign of Charles I., married, 1st, Isabel Campbell, daughter of Hugh, Lord Loudoun, by whom he had a daughter; and, 2dly, Grizel, daughter of John Blair of Blair, without issue. To fix and secure the inheritance in the male line, Sir John settled his whole estates, heritable and moveable, upon his cousin, George, afterwards Sir George Maxwell of Auldhouse, descended from Thomas, youngest son of Sir John Maxwell, his great-great-grandfather. Sir John died in 1647.