A System of Heraldry - Clan Strachan Society

OF THE SALTIER OR SAUTOIR. 135
Eumerus dc Mat-unwell, who, in the same king's reign, was Justiciar of Galloway.
According to some genealogical manuscripts, he married Mury Macgenchcn.
heiress of Merns in Renfrewshire ; and with her got these lands, which continued
with the family till the time of King Charles I. He had two sons, Sir Herbert,
his successor, and Sir John, who was the first of the MAXWELLS of Nether-Pollock.
Sir HERBERT MAXWELL, designed of Carlaverock, obtains a charter of the lands
of Macuswell and Wester-Pencaitland in East-Lothian, from John de Pcncultland,
in the year 12,74. The principal charter I saw in the hands of Maxwell of
Middleby. The fourth head of the family in a lineal descent from this Sir Herbert
(as in Mr Cravvfurd's Peerage) was John, who designed himself Joannes de
Macuswell de Pencaitlfind. And the third in descent from John, was Sir Herbert
Maxwell of Carlaverock, who was one of the hostages for the ransom of King
James 1. anno 1423. I have seen- (in the custody of Maxwell of Middleby) u
principal indenture, passed betwixt a worshipful and honourable man, (the words
of the indenture) Sir Herbert Maxwell, knight, Lord of Carlaverock, on the one
part, and John Sinclair Lord of Herdmanston, on the other part ; in which they
obliged themselves to stand, and submit to the arbitration and determination of.
the gentlemen mentioned in the indenture, as judges betwixt them, about the
holding of the lands of Macuswell and Bykerton in the barony of Pencaitland ;
whether they ought to be holden of the Lords of Maxwell as Barons of Pencait-
land, or of the Lord of Herdmanston. The indenture is dated at Edinburgh the
ipth of January 1427; and, on the 2id of June 1428, sentence was pronounced
by Robert Graham in favours of Herbert Lord Carlaverock. Herbert, designed
Dominus de Carlaverock, in anno 1438, one of the conservators of a peace concluded
betwixt Scotland and England (as in Crawfurd's Peerage), married first a daughter
of Herbert, heiress of Tereagles, with whom he had Robert his successor, and Sir
Edward, of whom the Maxwells of Finnald and Monreith ; and, after her death, he
married Katharine, daughter to the Lord Seaton, widow of Sir Allan Stewart of
Darnly, of whom descend the Maxwells of Garnsalloch, and the Maxwells of South-
Bar in Renfrewshire.
Robert, the first of the family, who is dignified with the title of Lord Maxwell,
in the reign of King James II. was succeeded by his grandson John Lord Maxwell,
who was slain at Flodden with King James IV. He was again succeeded by his
son Robert Lord Maxwell, who had, by Janet his lady, Robert his heir ; and Sir
John Maxwell of Tereagles, thereafter Lord Herries. Robert Lord Maxwell, married
Beatrix, daughter of James Earl of Morton, who bare to him one son, John
Lord Maxwell ;
who being made Warden of the West-Marches by King James VI.
was also created Earl of Morton, 1581, upon the death and forfeiture of James
Earl of Morton the regent. About this time this earl's arms were illuminated, in a
book of arms, now in my custody, thus ; quarterly, first argent, on a chief gules,
two stars of the first, for Douglas of Morton ; second or, an eagle displayed sable,
as Lord Maxwell ; third argent, three hurcheons sable, for Herries ; fourth gules,
a cross or, for Crosbie ; and over all, by way of surtout, argent, a saltier sable, for
Maxwell. The title of Earl of Morton did not continue long with him ; for
Archibald Earl of Angus, nephew to the regent, was restored to the Earldom of
Morton, 1585 : And Robert Lord Maxwell, brother of John Lord Maxwell, who
was forfeited and beheaded at the Cross of Edinburgh, 2ist of May 1623, for mur-
dering the laird of Johnston, in anno 1620. His brother was restored to the lordship
uf Maxwell, by the favour of King James VI. and created Earl of Nithscjale, with
the precedency from the time of his father's being Earl of Morton 1581. By
virtue of which, he was ranked in the precedency of the Peerage, immediately before
the Earl of Winton, and took his place accordingly in the Parliament 1621.
Robert his son and heir died unmarried 1667 ;
so that his estate and honour de-
volved to his cousin and heir-male John Lord Herries. This earl, so succeeding,
married Elizabeth, daughter to Sir Robert Gordon of Lochinvar, ancestor to the
Viscount of Kenmure, by whom lie had Robert Earl of Nithsdale, who married
Lucy, daughter of William Marquis of Douglas, by whom he had Mary, married
to the Earl of Traquair, and William his son and successor Earl of Nithsdale, who
married Winifred, daughter of William Marquis of Powis of the Kingdom of
England, and has issue with her,.