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AXWELLSofPOLLOK ',
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ARMORIAL BJ-AR1NGS OF SIR JOHN MAXWELL OF POLLOK, KNIGHT
1400.

The Maxwells of Pollok, 1270-1647,

The Maxwells of Auldhouse, 1470-1666,

50

The Maxwells of Pollok, 1647-1863,

61

Charters and Family Papers,
Abstract of Charters and Family Papers,
Biographies of—
Eobert Maxwell, Bishop of Orkney,
D'Arcy Brisbane, Lady Maxwell, .
Barbara Maxwell, Mrs. Greville Ewing,
Hannah Anne Gardiner, Lady Maxwell, .
Branches of the Pollok-Maxwell Family —
I. Maxwell of Blawarthill,
II. Maxwell of Springkell,
III. Maxwell of Dalswinton,
IV. Maxwell of Cowglen, .
V. Maxwell of Calderwood,
Pedigrees of other Branches —
1. The Maxwells, Earls and Lords Farnham,
2. The Maxwells of Aikenhead, .
3. The Maxwells in Glasgow,

121
379
403
412418
424429
438 451
456460
494495496

ILLUSTRATIONS.

VOLUME I.

Title-page, designed chiefly from a Window of
Haggs Castle, i
Armorial bearings of Sir John Maxwell of Pol
lok in 1400, on back of title-page, . ii
Initials of Elizabeth Countess of Nithsdale, . xxxii
Carlaverock Castle, facing . . . xxxiv
The double-headed Eagle of Nithsdale, facing xxxv
Mearns Castle, facing . xxxviii
Bronze Ewer found at Mearns, facing . xxxix
Haggs Castle, from a Drawing by Miss Mildmay,
facing ..... 4
Inscription over Door, facing . . 5
Crookston Castle, Photo-lithograph of an old
Engraving inscribed to Sir James Maxwell,
facing ... 8
Name of Robert Burns, the Poet, carved on
Crookston Yew, facing . . 9
Armorial Bearings of Sir John Maxwell and Isa
bella Lindsay, circa 1360, from four Stones
originally in old Castle of Pollok, facing 14
Lindsay Arms in 1631, from an original panel
in the possession of the Editor, facing . 15
Auldhouse Mansion, facing . . 50
Inscription in Auldhouse Mansion, facing 51
Wych Elms at Pollok, facing . 1 14

PAGE 115
118

119

120

Inscription to Sir John Maxwell, facing
Pollok House from the south, facing
Reception of the Prince of Wales, Baron Ren
frew, at PoUok, on 15th August 1859,
facing .....
Pollok or Eastwood Church, the gift of Sir John
Maxwell, 1863, facing .
Part of the Memorial Window in Glasgow Cathe
dral, to Lady Matilda Maxwell, on back of do.
Portrait of Lady Matilda Maxwell after do.
with inscription.
Charter of William the Lion, c. 1200, facing 121
Charter to Sir John Maxwell 1372, between 130 & 131
" Sanctvs Magnvs," facing . . . 404
Royal Arms of Scotland, and Bishop Maxwell's
Arms, and Inscription on Bells, gifted to
Saint Magnus Cathedral, facing
Calderwood Castle, facing
Arms of Maxwell of Calderwood 1542, facing
Newark Castle, facing
Stanley Castle, after do.
Dargavel House, after do.
Armorial Stone of the Maxwells, at Dargavel,
facing .....
Arms of Patrick Maxwell and Bessie Boyd, 1623,

405
460 461
464

465
497

VOLUME II.

Title-page, the same as in Vol. I., adapted to
Vol. II.
Armorial bearings of the Lord Maxwell in 1542,
on back of Title-page.
Title-page of Family Portraits, being the Max
well saltire within an annulet.
Portraits — Nos.
Lord Pollok and Marion Stewart his Wife, 1, 2
Sir John Maxwell, third Baronet, . . 3
Lady Anne Carmichael and Barbara Stewart,
his Wives, . . . 4, 5
(Nos. 1, 2, 3, and 5 are from the original Portraits
at Steuarthall. The artist is unknown.) PAGE
Frances Colhoun, Lady Maxwell, from an
Original Portrait at Pollok, Artist un
known, . ... 6
Sir John Maxwell, eighth Baronet, from a
Bust at Pollok by Fillans, Paisley, . 7
Hannah Ann Gardiner, his Wife, from an
Original Portrait and a Miniature, both at
Pollok, Artists unknown, . . 8, 9
Captain Richard Gardiner, her Father, from
a Portrait at Pollok, ... 10

Captain Robert Maxwell, younger Son of Sir
James Maxwell, from a Miniature at Pol
lok, . . . . .11
Sir John Maxwell, now of Pollok, in Eastern
Costume, while on his travels, . 12
Lady Matilda Maxwell, from « Portrait by
James R. Swinton, . 13
Bust of Sir John Maxwell, by M. Grant, 14
Harriet Ann Maxwell, from a Portrait by
Sir Henry Raeburn, . . . 15
Elizabeth Maxwell, Mrs. Stirling of Keir, . 16
Hannah Ann Stirling of Keir, from a Portrait
by John Graham Gilbert, . . 17
All the above Portraits, Castles, and Armorial
bearings were lithographed by W. H. Maofarlant,
Edinburgh. PAGE
Facsimiles of Letters by Queen Mary and
King James vi., facing . . . 1-9
Collected Seals of Arms and Signatures of the
Maxwells and others, . . .373
Lintel Stone and Inscription from Newark
Castle, built into Dargavel House, . 453

PREFACE.
Upwards of six centuries have passed away since Sir Aymer de Max
well, grandson of Maccus, became lord of the ancient barony of Mearns, and
brought into the family of Maxwell those wide domains in Eenfrewshire, of
which a large proportion has remained in the uninterrupted possession of his
descendants until the present day. Pollok has been held by them as a separate
estate for nearly six centuries, and, for at least a hundred years previously,
it formed part of the barony of Mearns. Few families in Scotland can claim
for their present seats a continued occupation of such antiquity ; and since the
Norman Montgomeries sold the old lordship of Eagleshame, which they had
possessed for seven centuries, their Saxon neighbours, the Maxwells of Pollok,
remain the oldest proprietors in Eenfrewshire, descended in the male line. The
family of the High Steward, which settled first in Eenfrewshire, and, after
rising rapidly in baronial importance, ultimately, within a few generations,
attained sovereign power, has long since failed in the direct line. Other
families, connected with the Stewarts, or early settled in the same district, have
seen great changes, and the names of Eglinton and Glencairn, of Cochrane
and Cathcart, of Sempill and Lyle, of Wallace and Walkinshaw, which once
ranked among the foremost in Eenfrewshire, have now little or no connexion
with the county.
The family of the Maxwells of Pollok holds its place in the county still.
The barony of Mearns, indeed, passed from the possession of the family about
two hundred years ago, but their other estates have largely increased, and now
include not only the old lordships of Crookston and Darnley, once the home of
the Stewarts, but many other important properties surrounding on almost
every side the original barony of Pollok.
Among the muniments of such a house, many documents of importance
and interest necessarily accumulate. The mere feudal investitures of the suc-
vol. i. ¦ «

11 preface.
cessive barons of Pollok, form, of themselves, a mass of instruments affording
much information regarding the different generations of the family, and often
throwing great light on the history of the neighbouring proprietors. But the
Pollok Charter-room contains much more than this : Throughout the long
period of their tenure of the estates, the Maxwells have taken an active
interest in the various public questions, civil and religious, which, in peace
or war, have agitated Scotland ; and have preserved among their family papers,
which are peculiarly rich in epistolary correspondence, many interesting
records of the part they bore in the different struggles.
Such a collection could not fail to attract the attention of Scottish anti
quaries. A celebrated explorer of charter -chests, recently deceased, wrote
nearly half a century ago to Sir John Maxwell, suggesting that some of the
Eoyal letters preserved at Pollok should be printed, and at a later period,
in one of his published works, refers to the charter-chest of the family as a
" magazine" of interesting documents, both historical and private.1
About the year 1830, an attempt was made to print a selection of the
family muniments, but the gentleman who undertook the task of editing it
died before the work could be completed.2 One of the MSS. preserved at
Pollok having been communicated to the Maitland Club, was privately printed
by them in the year 1833, and is well known as "A Diurnal of remarkable
occurrents that have passed within the country of Scotland since the death of
King James the Fourth till the year 1575," which is the title prefixed to it by
the late Mr. Thomas Thomson, who edited it for the Club. Mr. Thomson, in
his preface, observes that the journalist, in his register of local occurrences,
and temporary feelings and observations, states much, not to be found
elsewhere, that cannot fail to interest the students of history, and which
may help to correct or confirm the evidence of which they were previously
in possession. After Sir John Maxwell intrusted to me the editing of a printed collection

Rial

This " magazine," containing very combustible 2 Only thirty-four charters and other papers were
terials, in the shape of old dry papers, many of which printed, extending to forty pages 4to. A part ofthe
are crumbling to dti6t from age, narrowly escaped de- impression of this fragment got into circulation, and a
struction in 1648, when Sir James Maxwell of Calder- copy is occasionally to he found in the shops of the
wood attacked and set fire to the mansion-house of booksellers of Glasgow.
Pollok, as described in the Memoir of Sir George Max
well, at p. 62.

PREFACE. Ill
of his papers, and of writing memoirs of the family, I found in the course of
my researches at Pollok, that he had suggested the idea of such a work at
an early period. When an undergraduate at Christ Church, Oxford, he wrote to
his mother, the late Lady Maxwell, in the year 1811, urging her, as the greatest
favour she could confer upon him, to use her influence with his father, Sir John
Maxwell, to have a full and accurate account of the family prepared for inser
tion in a work on the Baronage, then in progress, and offering, if necessary, to
bear the expense of this himself. Although this idea occurred thus early to
Sir John Maxwell, and although it has always been in his mind, the work has
only now been imperfectly accomplished, after the lapse of more than half a
century. The first of the two following volumes contains one hundred and eighty-
two Charters, Indentures, Bonds, Testaments, Leases, Discharges, and other
miscellaneous papers such as usually form the contents of the charter chest of
an ancient family. These documents embrace a period of about five centuries,
from the year 1200 to the year 1719.
The first volume also contains a Memoir of the family, from the settle
ment in Scotland of Maccus, the progenitor of the Maxwells, about the year
1100, down to his descendant the present Baronet of Pollok. It also contains
Memoirs of the principal families which have branched off from Pollok, includ
ing the baronets of SpringkeU and Calderwood, and of prominent members of
the family, including Sir George Maxwell, and his son Sir John Maxwell Lord
Pollok, and afterwards Lord Justice-Clerk, Eobert Maxwell, Bishop of Orkney,
and several of the Ladies Maxwell who have been eminent for piety.
The second volume contains correspondence, consisting of three hundred
and seventy letters, classified into Eoyal, Official, and Domestic Letters. They
embrace the period from the year 1550 to the year 1718.
Very full abstracts are given in the volumes along with the charters and
letters. As these abstracts readily show the terms of the original writs, it is
unnecessary to make particular mention of them here.
None of the contractions which occur in the original charters and letters
have been preserved in the print. For reasons which I have stated in similar
works, this appears to be preferable to printing contracted or abridged words.
The spelling, however, is in all cases preserved as in the original writs. The

IV PREFACE.
originals of the charters and letters printed in both volumes are at Pollok,
with the exception of a few documents, which, as will be found stated in the
abstract, have been procured from other repositories.
The Memoirs of the family of Pollok, and also of the principal branches
of SpringkeU and Calderwood, have been prepared chiefly from the documents
in the charter-chests of those families ; and as regards the Maxwells of Pollok,
are much more full than the account of that family by the late Mr. Eiddell,
published in 1818, in Eobertson's edition of Crawford's History of Eenfrew
shire. Indeed, that Memoir is scarcely worthy of the name of one who was so
eminent for his genealogical researches. In a letter from him, dated 2d March
of that year, he explains the manner in which it was prepared : — " In drawing
up your article," he says, " I have made it rather a little long, wishing to in
clude the very words of all the authorities, which alone can stamp any genea
logical detail with credit. The publisher, however, has intimated that it is
' too voluminous' and not adapted for the nature of the work ; and I have
allowed him to condense it as he pleases, under the express proviso that I
see it, and revise it, previous to its being thrown off."
At that time, many points in the Pollok family history had still to be
cleared up, as no complete account had been previously prepared ; but be
tween the voluminous author, and the condensing publisher, a very easy mode
was taken of overcoming difficulties, as may be seen from a paragraph, which
states — "after him" (Thomas Maxwell of Pollok in 1452), "there seems to
have been a succession of lairds of Nether Pollok of the name of John, but
whether more than two is not evident, down to the year 1500." 1 On referring
to the Memoir of the family, it will be seen that this doubt has been cleared
up, and the " succession of lairds of the name of John" is now given.
In the same work, Mr. Eiddell confined his notice of Sir George Max-
Avell of Pollok, and his son, Lord Pollok, to two paragraphs of a few lines
for each, chiefly occupied with the details of their births, marriages, and
leaths. Two such eminent members of the family deserved more notice and

ii

1 Crawford's History of Renfrewshire, Robertson's been instrumental in checking certain facts and epochs
edition, 1818, p. 281. Mr. Eiddell ever afterwards con- of descent or accession. Never was there such a con
tinued to be puzzled with the numerous lairds of Pollok stant and perplexing ' Johanizzing' in any pedigree.
of the name of John. In a letter, dated 14th August The Johns seem to have been immortal— no bad omen
1841, he says— "I wish there had been a little more for you perhaps."— [Original Letter to John Maxwell,
variety in the Christian appellations, as it would have younger of Pollok, at Pollok.]

PREFACE. V
consideration, and, in the present Memoir, I have attempted to do them greater
justice. The account of the whole family of Pollok, by Mr. Eiddell, occupies
less than eight pages of the History of Eenfrewshire. In the present work,
double that space has been devoted both to Sir George Maxwell, and his son,
Lord Pollok. Although I do not claim to have exhausted the personal history
of these distinguished men, I trust that I have given a better idea of their
public services and personal worth, than the previously published meagre
account could supply.
In the year 1847, Mr. Eiddell wrote another account of the Maxwells of
Pollok, for Sir Bernard Burke's Peerage and Baronetage, and that account has
continued to be reprinted in the annual republications of that work. But it is
even more imperfect than the previous one.
An objection frequently urged against old family histories is, that they
want precision and exactness of statement ; but this charge cannot be brought
against an old MS. account of the Maxwell family, written apparently about
the year 1700, and preserved at Terregles. The deaths of the early Maxwells
are all stated with the most exact precision. Eugen Maxwell is said to have
died on 27th December 1199, but it is doubtful if he ever hved. Eustace, his
successor, whose existence is equally apocryphal, is said to have died on 18th
May 1202, and the next three in succession are stated to have died respec
tively on 3d February 1217, 27th April 1216, and 2d November 1244. This
precision is continued throughout, but unfortunately there is not a single proof
referred to.1
Within the brief compass of a Preface, it is of course impossible to notice
all the documents which are printed, and reference must be made to the docu
ments themselves, and to the abstracts of them.
The Charters relate for the most part to the family of the Lords Maxwell
and Earls of Nithsdale, and to the Maxwells of Pollok and Calderwood. Among
these Charters, the earliest in the collection, by William the Lion, and the two
Charters by Alexander II. and Alexander III. (Nos. 3 and 4), have an impor
tant bearing on the origin of the sirname of Maxwell, and confirm the view of
1 Minutes of Evidence in the Herries Peerage Case. hours at which the respective deaths occurred, as the
The writer might with as much truth have stated the days.

VI PREFACE.
the derivation stated in the following Introduction, as being from the " well,"
and not the " ville," of Maccus.
The Indentures of 1400, 1405, and 1416 (Nos. 20, 24, and 26), are excel
lent specimens of the vernacular ; and the Testament of Sir Eobert Maxwell of
Calderwood, made in France in the year 1420 (No. 28), is an interesting family
document. The Correspondence in the second volume is perhaps of more general
interest than the Charters. Among the Eoyal letters is one from Queen Mary,
which has been frequently and, in general, inaccurately printed. It is now
printed, and lithographed in facsimile from the original. The letter was
written a few days after the Queen's escape from Lochleven, and when she was
rallying her friends at Hamilton, for the purpose, it is presumed, of enabling
her to reach Dunbarton Castle. The Queen urges the Laird of Pollok to come
to her assistance, and he readily obeyed the call ; but the disastrous battle of
Langside, which immediately ensued, ruined the hopes of the Queen and her
friends.1 The requisitions by King James VI. on the Laird of Pollok for a good
" halkney" for his Queen (No. 5), and also for venison, etc., for the baptism of
Prince Henry (Nos. 8 and 33), exhibit a mode of supplying a sovereign with
the necessaries or luxuries he might require, very different from that which
has come to be observed in modern times.
The correspondence between King James VI. and Mr. James Sempill of
Beltreis, his agent at the Court of Queen Elizabeth, discloses several charac
teristic traits of those sovereigns. The King, through his agent, watched the
proceedings of the Queen with great anxiety ; and the wily agent, who in one
of his letters, playfully punning on his sirname, declares that in his diplomatic
proceedings he was as " sharp as Sempill," amused his Eoyal Master with
the gossip of the English Court. In one of his letters to the King, after tell
ing how the Lord Chamberlain Hunsdon had incurred the wrath and displeasure
of Queen Elizabeth, by incautiously alluding to her age, Sempill proceeds to
report, in the rather awkward phraseology of the letter, that Lord Hunsdon
1 There is a tradition that Alexander Lord Home, which was issued by the Justice-Depute to summon
-who was of the party of the Regent Murray at Lang- several tenants on the Pollok estate to stand trial for
side, was unhorsed by the Laird of Pollok. This tradi- cruelly wounding Lord Home at the field of Langside
tion received some confirmation from a criminal charge on the 13th of May 1568.— (Original Charge at Pollok.)

PREFACE. vii
told him he " saw her dance throw the windo on Weddnisday the fyft of this"
(month) " the spaines pavie to a whissill tabourier ; none being with her bot
the Lady Warwick."1
In making the present selection from the large mass of miscellaneous
charters and correspondence preserved at Pollok, my rule has been to include
only such documents as tended to the elucidation of the history of the Max
well family, or were otherwise of general interest. In applying this rule,
numerous documents and letters had to be excluded from the selection to be
printed. Had space admitted, many more interesting excerpts might have
been given from the remarkable diaries of Sir George Maxwell. These are
five in number, besides several volumes which contain notes of sermons
preached by several ministers at Pollok, Glasgow, etc. ; and there are also
several small note-books, chiefly occupied with accounts, rentals, etc., by Sir
George Maxwell and his son Lord Pollok. The religious diaries, if they may
be so called, are a record of the experiences of an earnest and good man.
Excerpts from the more secular portions of the diaries are printed. But those
other portions, which are of the nature of private confessions by the writer to
himself, of his sins and shortcomings, and were never intended for the eyes
of others, should not be published without due consideration.2
In addition to the materials for this work supplied directly from Pollok,
contributions from other sources have greatly aided in completing the Memoir's
of the family, which would have been more imperfect than they are but
for the use of Maxwell papers liberally granted by several noblemen and
gentlemen, including the Dukes of Buccleuch, Montrose, Argyll, and Eoxburgh,
the Marquises of Abercorn and Lothian, the Earls of Eglinton and Winton,
1 Vol. ii. p.36.— ThefollowinglettertoLordPollok from sone as it may be favourablely accepted. . . .
Sir James Stewart, the celebrated lawyer, has recently — I am, my Lord, your Lordships most sincerely,
been found in an old rental book of the Pollok estate. " Ja. Stewart."
This letter announces the appointment of the writer to " My Lord Pollok, to the care of John Pedie, mer-
the office of Lord Advocate in the following terms : — chant, Glasgow."
" Edinburgh, 6th October 1711. 2 There is preserved at Pollok an original Confession
" My Lord, — I have yours of the 1st. My commission of Faith, dated at Halyrudhouse, 25th of February 1587.
came to my hand on the 2d, and is now past the Seal. It bears numerous signatures, arranged in six columns.
I wish it may doe well ; but really it is like a dream or ln one column are the signatures of King James VI.,
jest to myself to make a man of my years and infirmity the Duke of Lennox, the Earl of Huntly, Chancellor
Advocate : And if it had not bein to set me even with Maitland, David Seton of Parbroth, John Hume of
my friends that turned me out, ancTto make way, if North Berwick, and others. In the other columns
possible, for my sone, I had not accepted. Nor doe I there are many signatures of noblemen and landed
really purpos to continue, but to offer my dimission so gentlemen in different counties.

Vlll PREFACE.
Glasgow, and Camperdown ; the Lords Elphinstone, Blantyre, and Polwarth ;
Sir William Alexander Maxwell of Calderwood, Sir John Heron Maxwell of
SpringkeU, John Hall Maxwell of Dargavel, C.B., Sir Michael Eobert Shaw
Stewart of Greenock and Blackhall, Sir James Colquhoun of Colquhoun and
Luss, Sir George Henry Scott Douglas of Springwood Park, and Sir William
Scott of Ancrum, Baronets ; John James Hope Johnstone, of Annandale, M.P.,
William Maxwell of Carruchan, heir-male of the Maxwell and Nithsdale family,1
Wellwood Herries Maxwell of Munsches and Terraughty, James Stirling Stir
ling Stuart of Castlemilk, John Gordon of Aikenhead, James Macalpine Leny
of Dalswinton, and Alexander Pringle of Whytbank. To all of these noblemen
and gentlemen my best thanks are due for having generously allowed me to
use their documents ; and those of the name of Maxwell have also in many
ways facilitated my inquiries during the progress of this work.
Having been professionally engaged for nearly ten years on behalf of the
present heir-male of the Maxwell family, in his claim to the titles of Earl of
Nithsdale, and Lord Maxwell and Lord Herries, I had during that period
many investigations to make both in private repositories and in the pubhc
records, and much information was thus collected bearing on the families of
Maxwell and Herries, a great part of which was adduced as evidence in the
House of Lords in the competing claims for the title of Lord Herries, and
part of it has also been made available in these volumes. Although the
present work relates to the Pollok branch of the Maxwell family, it was at
first intended to have continued the history of the main line of the Maxwells
beyond the point of separation of the Pollok line in the fifth generation from
Maccus ; but the materials bearing directly upon the Pollok family have occu
pied so much more space than was anticipated, that it would be impossible to
do justice to a continued account of the main line without enlarging the
present work beyond reasonable bounds. At the end of the general Introduc
tion which follows these prefatory remarks, there is given a Tabular view of
the descent of the family, containing the result of much investigation. Fur
ther information in regard to the Nithsdale and Herries families will be found
in the Cases and Additional Cases presented to the House of Lords for the
1 It is with much regret that I have to record the a gentleman whose confidence I had long enjoyed, and
death, on 21st May 1863, of Mr. Maxwell of Carruchan, from whom I had experienced much kindness.

PREFACE. IX
respective claimants of the title of Lord Herries, and in the Minutes of the
Evidence which was adduced in support of these claims, and also in the Case
for Mr. Maxwell of Carruchan, claiming the Nithsdale and other titles.1
In addition to the sources of information now mentioned, reference may
be made to a few documents discovered since the Charters were printed.
In the Memoir of Sir John Maxwell, thirteenth Laird of Pollok, it is stated
that, in the year 1616, a proposal was made to him by certain gentlemen of the
name of Maxwell to advance money to save the Maxwell estates, and that he
should, on the failure of the line of the Lord Maxwell, become the chief of the
Maxwell family.2 In the event of Sir John Maxwell declining the terms pro
posed, the Earl of Abercorn was to have the offer of taking his place as head of
the family. The special proposals which were made to Sir John and the Earl
on that occasion have lately been found, in the handwriting of Eobert Max
well of Carlaverock, afterwards Lord Maxwell. The following are the prin
cipal parts of these proposals : —
" I being ingageit in fortie thousand poundis Scotis, and liaving tryit all the freindship and
meinis I can for the reliue of the sam, and finding no posabilitie how to help my present miserie,
quhairby I may follow furth the suit at his Majesteis hand for releif of the distressit hous of Max
well, quhairof, prasit be God, thar is sum hoip :
" I offer to Sir John Maxwell, so that he vill hesard to ingage him selfe in thes soumis for
me and the veill of that hous quhairof ve ar dissendit, that I sail infeft him in all the landis and
possessionis quhich I haue alredie acqueyerit, vpon reversion, and that he sail haue pover to
plase factoris and chamerlandis at his plesur for resaving the rentis therof, ay and quhill he be
lafullie fred and relivit of the said fortie thousand pundis, as leykveyis quhatsoever landis I sail
acqueyer farder at his Maiesteis handis or anie vtheris, the said Sir Johne sail be presentlie infeft
therinto : I offer lykveyis that I sail cause my brother James ratifie quhatsoever sail be contrakit
betwixt the said Sir Johne and me. Farder, I offer, if it sail pleis God, to call me and my brother
James that the said Sir Johne sail be nixt in tallie preferit to the hail estet that ve, or ather of
vs sail acquyeir, and that he sail be our nyxt and immediat heir to vs for that luife he shois at
this tyme. " Farder I sail giue him libertie to sell anie part of the landis that I am presentlie to infeft
him into spetiallie the barronie of Mernis, Carleuerok, and the rest of the landis resingnit be Sir
Jideon Murrey, he alveyis having the advyse of the Erie of Abercorne, his Lordship being alyue,
and that the said Sir Johne be so stratit for the prinsipall soum that he may not zielie vtherveyes
furnish the sam : 
1 The escape from the Tower of the last. Earl of Lady Dacre, in three vols, small 8vo. London, Bent-
Nithsdale, through a clever stratagem of his Countess, ley, 1835. The tale of Winifred, Countess of Nithsdale,
was narrated by her in a letter which has been re- occupies the whole of the first and the greater part of
peatedly published. On that narrative was founded the second volume of that' work.
" Tales of the Peerage and the Peasantry," edited by 2 Vol. i. p. 46.
VOL. I. "

X PREFACE.
" And giue the said Sir Johne Maxwell find nocht him selfe abill to discherge this burding, I
offer the sam selfe condisionis to the rycht noble Erie of Abercorne, or anie of his bairns, that it
sail pleis him to nominat, they alvey acsepting the name of Maxwell vpon them ; and in case his
Lordship or they sheuld thynk hard to chenge ther name, I onlie craue ane reversion to my nerest
airsmell for the doubill of the soume quhich his Lordship or they sail be ingageit for me." "¦
The Earl of Abercorn, who received this conditional offer of becoming the
chief of the Maxwell family, was James the first Earl. He was the eldest son
of Claud first Lord Paisley, who was the fourth son of James Duke of Chatel-
herault, Eegent of Scotland. From their residence at Paisley, in the neigh
bourhood of Pollok and Mearns, the Abercorn family were on friendly terms
with the Maxwells, whom they appear to have assisted at the time of the for
feiture of their chief the Lord Maxwell. Yet, in the very next generation, the
second Earl of Abercorn, the son of that Earl whose assistance Lord Maxwell
had invoked, became, in his turn, even more embarrassed, than the chief of the
Maxwells had ever been. He was under the necessity of selling the lordship
of Paisley, and his other property, which did not clear the debts with which
it was burdened. The Earl was in consequence so reduced as to have recourse
to the assistance of his friends. His cousin, William Earl of Angus, who, as
his trustee, managed the sale of Paisley, lamented the sad case of the honest
but unfortunate Abercorn.
While in this reduced estate, the Earl of Abercorn became, by the death
ofhis cousin WiUiam Duke of Hamilton, in 1651, the heir-male of the ducal
house of Hamilton, a character which has now descended, with many valuable
estates, including Paisley, which was re-acquired, to his heir-male and repre
sentative the present Marquis of Abercorn, whose position, contrasted with that
of his ancestor the second Earl, is an illustration of the great changes which
sometimes occur in the history of a single family.
The chief of the Maxwells, who was so much encumbered with pecuniary
difficulties when he applied to his cousin of Pollok, and to Lord Abercorn, to
assist him, was soon thereafter restored to the title .of Lord Maxwell, which
had been forfeited by his brother. On the occasion of that restoration, a ques
tion was raised by the Lyon King of Arms and his heralds and pursuivants,
for the fees on the grant of a new dignity, and not a regrant of the former
1 Original at Pollok.

PREFACE. xi
peerage. The matter came before the Privy Council on 29th July 1619, at
the instance of Lord Maxwell, who set forth, —
" That quhair he is charget ... at the instance of Lyoun King at Airmes, and his bretherine
herauldis and pursephantis, to mak payment ... of twa hundreth merkis as the fee dew to thame for
his alledgeit being laitlie advanceit to the honnour and dignitie of ane Lord of Parliament, as being
newlie creat and preferrit to that dignitie, within a certain schorte space nixt efter the chairge vnder
the pane of rebellioun, and puting of the said Lord Maxwell to the home, and intenilis, in eaise of
his dissobedience, to caus denunce him rebell wrangvslie ; becaus it is of veritie, that albeit the
Lordis of his Maiesteis Preuey Counsaill, be thair act and warrand, hes appointit the dewtie foirsad
of twa hundreth merkis to be payit to the saidis personis be all these who lies bene preferrit to the
dignitie and honnour foirsaid since his Maiestes moist happie atteyning to the crowne of England,
and accordingle hes directit letteris and chairgeis foirsaidis thairvpon zit the act and warrand foir
said and chairgeis following vpon the same aucht nawyse to haif effect, nor be put to executioun
agains the said Lord Maxwell, in so far as altho it hes pleasit the Kingis Maiestie, oute of his moist
princelie and gratious favour, to restore the said Lord Maxwell to the leaving and estaite of the kit
Lord Maxwell, his brother, and to the honnoure, title, and dignitie of ane Lord of Parliament, dew
to him before his forfaltoure, zit that honnour, title, and dignitie is nawyse gevin, grantit, and eon-
ferrit vnto him as ane new title and dignitie newlie bestow it vpoun him be His Maiestie, since his
heynes happie atteyning the crowne of England, Bot be the contrair, the Kingis Maiestie hes restoirit
the said Lord Maxwell in integrum to the former antient dignitie of the house of Maxwell, and so
hes gevin vnto him no new dignitie, bot only continewit him in the honnour and dignitie of his
predecessouris : Lyke as, conforme to His Maiesties gratious favour foirsaid, the said Lord Maxwell
hes obtenit him selff seruit and retourit as air to his said vmquhill brother, Johnne Lord Maxwell,
Be the quhilk seruice and retoure it is more nor euident that the Kingis Maiestie hes grantit to the
said Eobert Lord Maxwell no new honnoure nor dignitie, bot hes licentiat him to be seruit and
retourit to his said vmquhili bruther, and so hes onlie continewit him in the honnour of his prede
cessouris, as said is, and thairfore the said act and warrand, and chairges following theirvpoun, can
nawyse be extendit agains the said Lord Maxwell, who is continewit in his predecessouris honnouris,
especialie seing gif the saidis chairgeis were extendit agains him, Then might the said Lyoun and
his brether exact the lyke dewtie of euerie Lord that sould be seruit to thair fatheris in thair
landis and digniteis, quhilk is nowyse the meaneing or intentioun of the Kingis Maiestie or his
Counsell, bot onlie aucht to be extendit agains suche personis who ressauit thair honnouris since
His Heynes going to England, who thameselffis nor thair predecessouris wer so advanceit of before."
The Lords of Council adopted the views of Lord Maxwell, and suspended
the Lyon King at Arms and his brethren heralds from exacting the stated fee
for a grant of a new peerage.1
The title of Earl of Nithsdale, which was soon afterwards conferred on
Eobert Lord Maxwell, was in compensation for the title of Earl of Morton,
1 Regist. Secreti Concilii, Decreta, 29th July 1619.

Xll PREFACE.
which had been conferred on his father in 1581, but soon after restored to the
Douglas family. The title of Nithsdale was probably obtained through the
influence of the Duke of Buckingham, as Eobert Lord Maxwell was married to
Elizabeth Beaumont, who was a cousin of the Countess of Buckingham, mother
of the Duke.
As bearing upon the custody of the charter-chests, in which the Maxwell
and Herries families were interested in the middle of the seventeenth century, re
ference may be made to proceedings in the Privy Council by John Lord Herries,
who succeeded to his cousin, Eobert Earl of Nithsdale, in October 1667. A
petition, presented by his Lordship to the Privy Council in that month, sets
forth that he is undoubted heir of line and tailzie to the late Eobert Earl of
Nithsdale, who died upon Saturday last ; that the whole writs and evidents
belonging to the said estate are in the house of Kirkconnell, or some others
within the Stewartry of Annandale, or in the house of Mr. William Maxwell,
Advocate, in Edinburgh ; and that if by order of Council it be not prevented,
the same may be abstracted, to the petitioner's great prejudice, who may heavily
suffer upon that account. He therefore humbly desired and obtained a warrant
and commission to the Earl of Annandale and Lord Drumlanrig, to seal all
trunks, cabinets, chambers or rooms, wherein there were any papers or writs
suspect to have belonged to the late Earl of Nithsdale, which were not under
lock in the house of Kirkconnell, or any other house within their respective
jurisdictions, to remain under seal until further order ; and also to the Magis
trates of Edinburgh, to seal all trunks, cabinets, chambers or rooms, in Edin
burgh, belonging to Mr. William Maxwell, Advocate, or in any other house
whatsomever within the city, where the saids writs were suspected to be, to re
main under their seals until the first Council-day of November next, that the
same be opened up in presence of any one of the Lords of Session, and one of
their clerks.1
The same nobleman had previously, on 3d March 1663, applied to the
Privy Council for their assistance in reference to the charter-chest of his
maternal uncle, John first Viscount of Kenmure, to whom he was heir of line
after the Viscount's son, John second Viscount. The Privy Council Eecords bear
that the Lords, having considered the desire of the petition of Eobert Master
1 Regist. Secreti Concilii, Decreta, 8th October 1667.

PREFACE. Xiii
of Herries, desiring in regard he allegit himself to be the undoubted heir of line
of John first Viscount of Kenmure, his uncle, as being eldest son to the deceased
Dame Gordon, Lady Herries, his mother, who was the only sister of
the said deceased John first Viscount of Kenmure, and only heir of line to him,
after the decease of John second Viscount of Kenmure, his son, and so has the
only undoubted succession as heir of line and conquest, and that
Gordon of Peningham, heir of taillie, who has at his own hand intromitted with
the charter-chest of the said lands, might be decerned to deliver the same to be
inventaried and sequestrate in some indifferent persons hands, while the peti
tioner be heard as the petition at more length bears. The Lords of Council
fearing a disturbance between these border kinsmen, ordered Gordon to appear
before them to answer the petition ; and, in the meantime, both parties to find
caution that they should keep the peace, and should make no disturbance nor
disquiet each one of them, under the pain of ten thousand merks.1
These two cases show that one noble branch of the house of Maxwell
looked after the charter-chests in which they were interested in the seventeenth
century. In the following century, we fear, less care was bestowed upon the
records of ancient families, or even upon objects which merited some considera
tion from their historical associations. An instance of the truth of this remark
occurs among the Pollok Papers. It is a, lease by the Crown, with consent of
the Barons of Exchequer in Scotland, for the space of four nineteen years, from
1 Regist. Secreti Concilii, Decreta, 3d March 1663, the pryce without any such real intent indeid." The
fol. 352. Lords of Council set aside the sentence ofthe Commis-
The Records of the Privy Council contain Borne un- sary, on the ground of its encroaching on the jurisdic-
usual cases. On 3d August 1663, there is a case anent tion of Lords Nithsdale and Herries. — [Regist. Secreti
the sale of a wife for a groat. The Lords were appealed Concilii, Decreta.]
to by James Gilkers and Roger Safely, who were tenants The Lords of Council appear to have maintained the
within the respective regalities of the Earl of Nithsdale dignity of their office -with a high hand. Sir George
and Lord Herries, against a sentence of Stevin Irvin, Maxwell of Newark was brought before them on 7th
Commissary-Depute of Dumfries, who fined each of September 1678, for using improper language to the
them £100, the one for having sold his wife, and the preses at a meeting of the Commissioners of Assessment
other for buying her, and to stand in the " jogges " for at Renfrew, and was committed prisoner to the tolbooth
an hour on the market-day. The explanation of the of Edinburgh, until the Lords considered what further
Bale by the complainers was this : — They were occa- censure should be inflicted on him. Sir George pre-
sionally together on business, and, amongst other dis- sented a petition to the Council, apologizing for his
courses, " the said Rodger having in a mirriment language as being spoken in a pastion, and also for his
desyred the Baid James Gilkers to wish him to a wyfe, " carriadge" before the Council. The Lords, on con-
and the said James having jestinglie answered, that sidering his " irreverent carriadge," as he went from
provyding he could be quatt of his wyfe, he should be the barre, in putting on ofhis hat before he went out of
content he might have her for a groat ; and he having doors, ordained him to ask the Council pardon upon
merrily declared that he was content to accept her upon his knees. He did so, and was set at liberty. — [Ibid.]

XIV PREFACE.
Whitsunday 1741, to John Cochran of Waterside, of the old house and yard
formerly belonging to the Archbishop of Glasgow, and then to his Majesty by
the abolition of Episcopacy in Scotland, with power to use the stones and other
materials for building such houses as shall be wanting for carrying on a linen
manufactory in and about the town of Glasgow. The sum which the tenant
was to pay for the use of this house, and the materials of it, was only £3, 10s.
per annum,— a small sum certainly for the privilege of making a quarry of the
Palace of the Archbishops of Glasgow.1
A better spirit has happily returned, and the present century has witnessed
the revival of a veneration for valuable objects of antiquity, and a laudable
desire for their proper preservation.
The present work may be accepted as an evidence of the truth of these
remarks, and as another contribution to family and county history. The late
Earl of Eglinton, and the late Colonel Mure of Caldwell, both printed their
family papers, which illustrate the history of the ancient houses of Montgomerie
and Mure, and throw considerable light on the histories of the counties of
Eenfrew and Ayr.
The late Earl of Glasgow previously presented to the members of the
Maitland Club the Cartulary of the Abbey of Paisley. It is one of the best
Eegisters of the Scotch religious houses, and contains many valuable charters
of lands in Eenfrewshire and the neighbouring counties, and many documents
bearing on the early settlement in Scotland of the Eoyal family of Stewart.
It also illustrates the origin of many noble and distinguished families connected
with the west of Scotland.2
1 Mr. Innes, in his interesting preface to the Car- nearly as " barbarous" as the " bad men" complained
tulary of Glasgow, mentions that tho bishop of old of, hy leasing it for such an ignoble purpose, and also
dwelt in his castle of Glasgow, occupying the site of for legalizing its destruction.
the modern Infirmary. Of that castle, Sir John Max- 2 The Cartulary of Paisley contains a charter by Wal-
well of Pollok was keeper in the year 1544, as shown in ter, the second ofthe name, grandson of Walter the firBt
his Memoir. The castle came to be converted into a Steward, to the Convent of St. Mary at Dalmulin, near
palace. Mr. Innes adds, that he is unacquainted with Ayr, of several lands for the support of the 'Convent,
its history after the Reformation. He quotes an infor- which, however, did not long subsist. The boundaries
mation to the Barons of Exchequer, in 1720, by an of the lands are minutely described in the charter. One
indignant Glasgow merchant, Robert Thomson, who of these boundaries mentions the Stewart's old house
resided near the palace, against " some bad men," who (veterem domum meam) at Drumgrane, as upon the
" are become so barbarous and unjust as to carry off the banks of the Silreth water, which flowed under it into
stones, timber, sklates, and other materials belonging tho Leveren. From this description it is probable that
thereunto, and to apply the same to their own use."— the original residence of the Steward at Drumgrane,
[Preface, p. lviii.] The Barons of Exchequer were which is in the parish of Neilston, had been abandoned

PREFACE. xv
It is in the charter repositories of the old famihes of Scotland that much
of the history of the nation is preserved. The unlocking of these repositories,
and making their contents more generally known by means of printing, appears
to be a great public service. Acting in this spirit, and following the example
of his two late neighbours, already mentioned, as well as of his relative, Mr.
Stirling of Keir, the generous owner of the Pollok Papers has printed the
present Book of his own Family.
I conclude these prefatory remarks with the agreeable duty of returning
thanks to those friends who have assisted me during the progress of the work.
More especially am I indebted to two friends whose kindness on this, as on a
former occasion, I have much pleasure in acknowledging. I refer to Mr. Eoger
Montgomerie, Advocate, and Mr. Gilchrist Clark of Speddoch,1 both of whom
are naturally interested in the Maxwells, — the former from the hereditary
friendship which has long subsisted between them and his own family, and
the latter from his close connexion with the present chief of the Maxwell
family. Mr. Colledge, factor at Pollok, has been a constant and valuable referee
for me, on account of his extensive knowledge, derived from a long connexion
with the Pollok family; and I gratefully acknowledge the trouble which he
has always cheerfully undertaken for me.
Mr. Maxwell of Breoch, factor on the Nithsdale and Herries estates, who
has studied more closely, perhaps, than any of his clan, the history of the
Maxwell family, has readily assisted me on many points. He has revised with
much care the Tabular view of the Maxwell and Herries families, and is pleased
to say that " it is the most perfect tree of the family yet published."2
Mr. Alexander Sinclair has liberally opened to me his great genealogical
collections on the families of Scotland, and from them I have drawn many
valuable facts.
by his immediate successors for a new house, which they - Mr. Maxwell has since lent to me,
erected in a more sheltered locality on the banks of the from the Charter- Room at Terregles, a
Clyde at Renfrew. letter from Sir John Maxwell of Pollok,
'Homer Maxwell of " Speddoches" concurred with and others, dated 24th August 1625.
others of the name of Maxwell, in wishing Sir John It bears the seal of Sir John, of which
Maxwell, or the Earl of Abercorn, to become chief of a woodcut is annexed.
the family in 1616.— [Vol. ii. p. 193.]

XVI PREFACE.

Mr. Stirling of Keir, whose interest in such works is shown by his own
Family Book, although engaged with new important literary works, and with
many public duties, has not grudged his valuable time in assisting me by
revising, and in many instances, of course, improving, the Memoirs of his
Maxwell ancestors.
From long study of the subject, Sir John Maxwell has acquired a great
knowledge of the history of his own family, of their territorial possessions, and
also of the early history of the county of Eenfrew. That knowledge has been
freely communicated to me by him. He has given me access to the whole of
his family papers with the most generous confidence ; and if this confidence
has not been turned to so much account as it might have been by abler hands,
the fault will rest entirely with myself. I can only say that I have done my
best to justify it. My long labours, in various forms, on the history of the
distinguished house of Maxwell are now terminated ; with what success my
readers must judge. I shall always retain a grateful recollection of many
kind members of that house, and particularly of the present Good Baronet of
Pollok.

WILLIAM FEASEE.

'i'l, (Jastlu Street, Edinburgh,
1st July 1863.

XVII

WELL OR
MAXWELL.

INTRODUCTION.
After the successful invasion of England by the Normans, many noble Saxons the barony
sought refuge in the south of Scotland. Amongst these was the progenitor of (' ,M'"'
the distinguished family of Maxwell, Maccus the son of Undwin, who, with his
father, appears on record in the time of Alexander I., who reigned from 1107
to 1124. From the value of the lands acquired by him, and their vicinity to
one of the most important of the royal castles, it may be inferred that Maccus
was a person of some consideration, and that he had great influence with the
king of his adopted country. One grant bestowed on Maccus comprehended
the lands erected into the barony of Maccuswell or Maxwell,1 which lies on the
south side of the river Teviot, where it flows past the ruins of the famous
castle of Eoxburgh. On the west the barony was bounded by the Teviot, on
the north by that river, and by the Tweed after these rivers unite. The parish
of Sprouston formed the eastern and part of the northern boundary, which
was completed by the parish of Eckford.
The scenery in the lower parts of the barony, where it is watered by the
Teviot and the Tweed, is unrivalled for picturesque beauty ; while from the
higher grounds, near Old Spylaw Knowe, there are magnificent views of the
surrounding country. To the north may be seen a great part of Berwickshire,
backed by the Lammermoors ; to the east, the blue hills of Northumberland ;
and on the west, the old barony of Lempitlaw and the forest of Bowmont form
a foreground to the Cheviot Hills.
This fair domain Maccus chose for his principal residence, and here he
erected a church for the service of God, a castle for himself, and a village and
mill for the convenience of his dependants.
Of the castle of Maccus, not a stone remains standing. The site, indeed,
cannot be determined with absolute certainty, but it was probably in a field
between Pinnacle Hill and the present village of Maxwellheugh, where the
around presents the appearance of having once been occupied by buildings of
1 Now chiefly known by the names of Maxwellheugh and Springwood Park.
VOL. I. V

XV1U INTRODUCTION.
considerable extent.1 The celebrated chorographer, Timothy Pont, in his map
of Teviotdale, made in the end of the sixteenth century,2 places a castle near
the confluence of the Tweed and Teviot ; and Mr. Jeffrey, in a recent work,
conjectures this to be the original castle of Maccus.3 It is more probable that
this was the mansion of Brigend, which was standing in this neighbourhood
in the time of Pont, and the name of which is printed very close to the castle
or tower represented by him.
Towards the end of the sixteenth century, John Earl of Morton, Lord
Maxwell,4 then the male representative of Maccus, had a house at Maxwell
heugh, which is mentioned in a List of the Houses of the Noblemen of Scot
land prepared for Queen Elizabeth.5 The elevated position of Maxwellheugh,6
from which a watch might be kept on the surrounding country, is a much
more probable site "for an ancient stronghold than the low ground near the
banks of the Teviot, which frequently overflows its ordinary channel. A tablet
on the door of the mill at Maxwell records that, in 1831, the flood in the
Teviot rose about eight feet above it,s banks.
Not far from the field near Maxwellheugh already mentioned, stands a
large mote hill,7 supposed to have been the mote hill of Maccus, the place
where he held his courts and administered justice. Like other similar works,
it has long survived the castle with which it was connected. The mote hill,
the appearance of the ground, and the favourable position, all point to the field
near Maxwellheugh as the site of the original castle of Maccus.
It is not difficult to account for the meagreness of the notices which are to
be found of this castle. The immediate descendants of Maccus obtained a grant
of the celebrated barony of Carlaverock, in Dumfriesshire, and there erected a
1 Maxwellheugh must have been larger in the seven- 2 Engraved in Blaeu's Geography, Amsterdam, 1662.
teenth century than it is now. King James V., in a 3 Mr. Jeffrey's Roxburghshire, vol. iii. p. 185,
letter, dated 2d September [1542], to James Leirmonth * This nobleman is often mistaken for his kinsman
of Darsy, his ambassador to Henry VIII., mentions the Regent Morton.
" the town of Maxwellheugh hard on Kelso." This re- 6 MS. Harl. : 289 f. 179.
ference to the town occurs in the account of the repel- c At Maxwellheugh, a poplar tree deserves notice as
ling of a raid by the English into Teviotdale. — [Original one of the largest in Scotland. In 1859, its girth was
letter penes the Rev. William Robertson of Monzie- 32 feet 6 inches, its height was 92 feet, and it contained
vaird.] In October 1557, the royal army was convened 700 cubic feet of timber. In 1825, the late Harriet
at " Maxwelheucht," as appears from a Remission dated Lady Polwarth noted that this tree was then supposed
6th April 1568, by King James VI. to Sir John Col- to be about 140 years old.
quhoun of Luss, knight, for absenting himself from r The height of this mote hill is 35 feet, the slope of
the army on that occasion. — [Original Remission at its sides being 35 yards. It is now enclosed, and forms
Luss.] part of the garden grounds of Pinnacle Hill.

THE BARONY OF MAXWELL. xix
fortress, which became one of the main defences of the south of Scotland, and re
quired all the energies of its possessors to maintain it against the attacks of the
English. The influence which the occupants of this important post naturally
acquired would induce the Maxwells to neglect their original residence in
Eoxburghshire, where, although in some measure enjoying the protection of
royalty, they must have felt their dignity rather overshadowed by the neigh
bouring Sovereign.
Although the castle of Maccus thus early ceased to be the chief residence
of his descendants, the barony continued in their hands for several centuries,
as appears from charters still extant.
John de Maxwell, Lord of that Ilk, or of Maxwell, granted to the Monas
tery of Kilwinning the patronage of the Church of Libberton, in the county of
Lanark, and that grant was confirmed by King David II.1 Eobert, fifth Lord
Maxwell, who rendered great services as Warden of the West Marches, and
otherwise, to King James V., obtained, on his own resignation, from that sove
reign, a charter of Novodamus, dated 6th June 1540, of the lands and barony
of Maxwell, Carlaverock, and many others, which were of new erected into the
barony of Maxwell, and the Castle of Carlaverock appointed to be the principal
messuage thereof.2 His grandson, John Earl of Morton, Lord Maxwell, pro
tested in the Parliament of 1581, that he had right to hold the lands of Pen
dicle Hill, Wester Wooden, Saint Thomas's Chapel, the half of the Haugh, and
the half of the Mill of Maxwell,3 within the barony and lordship of Maxwell,
free of any claims on the part of Sir Thomas Ker of Ferniehirst and others.
It was admitted by the King and Parliament that this protest was well
founded.4 For the unhappy slaughter of Sir James Johnstone of Johnstone, in 1608,
John eighth Lord Maxwell was forfeited, and his lands in Eoxburghshire fell
into the hands of various members of the family of Ker. His brother, Eobert
Maxwell, was afterwards restored to the family titles and estates, and ap
pears to have claimed the lands which belonged to Lord John at the time of
his forfeiture. But the last connection of the Maxwells with their ancient
1 Reg. Mag. Sig., lib. i. No. 86. of the Teviot nearly opposite to the old church of Max-
„..,_,, t. „ , well ; and about 300 yards to the west of this mill a
» Original Charter at Pollok. corn_miu stQod tm tae year lgl0_
8 There is still a corn-mill of Maxwell on tbe banks * Acts of Parliaments of Scotland, vol. iii. p. 282.

XX INTRODUCTION.
barony of Maxwell was broken in 1631, when the " fourtie pund land of
auld extent of the baronie of Maxwell" was apprised from Eobert Earl of
Nithsdale, by William Haig of Bemerside. Haig disponed the lands to the
Earl of Eoxburgh, who obtained a charter from the Crown on the 21st June
1634.1' On the same day the Earl also got a charter of the lands of " Maxwell-
hewche, the half of the land callit Maxwell hauch," and other subjects.2 By
these charters the Earl of Eoxburgh acquired the superiority of the lands, which
has descended from him to the present Duke of Eoxburgh. The property of
the lands had already been acquired by Sir Andrew Ker of Greenhead, who
changed the name of Maxwell to Brigend from the situation of the house which
he built, and of which mention has already been made.
In the middle of the eighteenth century, a dispute arose between Sir Wil
liam Ker of Greenhead and the Duke of Eoxburgh, as to the right of jurisdiction
in the barony of Maxwell, Sir William claiming it as proprietor, the Duke as
superior. The question was submitted to the Solicitor-General Erskine, and
on 6th November 1735, he gave his opinion that the Duke, as baron and supe
rior, had a right of jurisdiction over the barony of Maxwell by his charters, and
that the foundation of this right had been acknowledged and homologated by
the family of Greenhead. In this dispute Sir William's passions are represented
to have been " too strong to bear reasoning." The Duke, on the other hand,
declared that he had no wish to injure Sir William, as he had always a great
affection and regard for him and his family, and had always shown it whenever
he could. But when right and property are concerned, no man ought to take it ill
of another if he endeavours to maintain his own right to himself and his family.3
Where one party was giving way to his " passions," and the other was thus
eager to maintain " his right and property," it says much for the judgment of
the Solicitor-General that the case went no further.
The barony of Maxwell continued in the possession of the Kers of Green
head till the middle of the last century, when it was acquired by Sir James
Douglas,4 ancestor of the present proprietor Sir George Henry Scott Douglas,
Baronet. Sir James acquired a large part of the lands comprehended in the
barony of Maxwell, and changed the name of the property to Springwood Park.
1 Original in Roxburgh Charter-chest. a Original Letter, ibid.
- Original, ibid. < Second son of George Douglas of Friershaw.

THE BARONY OF MAXWELL. xxi
Such is the history of the barony of Maxwell. It has been stated by
several learned authorities,1 that Maxwell is a corruption of the older form
Maccusville, the town of Maccus. But, apart from the incongruity of the
Norman " ville" being affixed to the Saxon Maccus,2 it is remarkable, if Mr.
Chalmers and Mr. Eiddell are correct, that the form Maccusville never occurs in
the earlier charters, although we find many Norman names with the same ter
mination. The name is always spelt Maccuswell, Maccuswele, or Maxwell,3
and we must therefore decline to accept the derivation of these authorities
if a more probable one can be found.
Not far from Maxwell lies another barony which we shall see presently
was in the possession of Maccus and his immediate descendants, and was pro
bably the earliest residence of Maccus in Eoxburghshire, and therefore called
Maccustun or Maxton. When Maccus acquired the more important property
near Eoxburgh, and took up his residence there, the natural name for his new
castle was already appropriated, and to make a distinction between it and the
old castle, some feature of the surrounding country would be sought. Nor was
this hard to find.
Near Maxwellheugh there is a salmon-cast, well known to anglers as Max-
wheel (wele, well, or weil being the Saxon for an eddy), the well of Maccus.
This eddy wheeled in Tweed before that river had a name ; and the char
acter of the rock which produces it must have made it a noted spot before
Saxon set foot on Scottish ground. Maccus having fixed his residence on the
heights above this eddy, what more natural than that it should be called the
wele of Maccus ; that his descendants should be spoken of as those who came
1 Mr. George Chalmers, Caledonia, vol. ii. pp. 180, one ofthe kingB who did homage to Edgar at Chester
188. The late Mr. John Riddell, advocate, in a pedigree in 974. He was King of Anglesea and several islands.
ofthe Maxwell family, commenced it thus : " The family William of Malmsbury calls him Mascusius Archipirata.
of Maccusville, by corruption Maccus-well or Maxwell ." Will. Malm., vol. i. p. 236, London, 1850. Roger de
—[Original ms.] The corruption was with Mr. Riddell Wendover, p. 415, London, 1843. Matth. West., p.
himself, and not in the ancient charters. Mr. Innes also, 375, pt. 1.
in his Notices of the parishes of Maxwell and Maxtoun, 3 In the account of the Maxwells of Pollok, written
follows Mr. Chalmers and Mr. Riddell as to Maccusville. by Mr. Riddell for Sir Bernard Burke's Baronetage, a
But although Mr. Innes gives twelve different modes of charter by William the Lion haB been misread as re-
spelling the name of Maxwell, from early charters, he ferring to "Herbertus Maccusville." The charter is
does not quote a single instance of Maccus-ville. — both printed and lithographed in the present work
[Origines Parochiales Scotia;, vol. i. pp. 445, 297.] (No. 1, vol. i.) ; and it will be seen that Herbert is
2 That Maccus was a Saxon or Danish name there plainly written de Maccus-weK, not ville. This mistake
can be little doubt. Maccus or Maco was the name of of Mr. Riddell has misled subsequent writers.

XX11 INTRODUCTION.
from the neighbourhood of Maccus wele — de Maccus wele ? If they once were
so designated, their name would soon assume the form of Maxwell.
This derivation is not offered without hesitation, but it appears at least
as good as one which requires a flagrant violation of the ordinary rules of
etymology, and assumes that the scribe who could spell the names of Mor-
ville, Umfraville, and Somerville correctly, was completely at a loss when he
came to the name of Maccusville.1 Whether the name be Maccusville or
Maccuswell, the descendants of Maccus have Httle need of Norman or Saxon
derivatives to give lustre to the now Scottish name of Maxwell.
the church The church founded by Maccus, survived his more formidable castle. It was
of maxwell. deciicated to Saint Michael, and situated in the haugh now called Brigend Park,
near the junction of the Tweed and Teviot. In the year 1159, Herbert Maccus
well, Sheriff of Teviotdale, son of Maccus, granted the church to the monks of
Kelso, and, in the same year, the grant was confirmed by King Malcolm IV.2
It was again confirmed in 1180, by Jocelyn, Bishop of Glasgow, by King Wil
liam the Lion in 1195 and 1199, and by Walter, Bishop of Glasgow, in 123 2. 3
Before the year 1180, Herbert granted to this church of Maxwell a certain
oratory, erected by him within his court of Maxwell, in honour of Saint Thomas
the Martyr, along with a toft, and the grant was confirmed to the monks of
Kelso at the same time, and by the same parties, as the church ;4 and the part
of the oratory and toft was again confirmed by Pope Innocent IV. between the
years 1243 and 1254, when the monks entered into an agreement with the
lepers of Alencrom that these subjects should be held in connexion with the
church of Maxwell. Sir John Eobsoun, perpetual Vicar of Maxwell, along with
Sirs John Wauch, John Atkynson, and John Waik, perpetual Vicars of Edyn-
hame, Mertoun, and Bolden, witnessed in the Monastery of Kelso, on 20th
April 1489, the resignation by John Kerr of Cavertoun of three husband lands
in Hownum, in the hands of Walter Ker of Cessfurd, the superior.5
Frequent notices of the church and parish of Maxwell are found amongst
the rentals of the Abbacy of Kelso, and other original papers. The rentals are
1 Liber de Melros, vol. i. p. 4. < Liber de Calchou, pp. 222, 316, and 319.
" Liber de Calchou, p. vi. 6 Original Instrument of Resignation in Roxburgh
3 Ibid., pp. 229, 316, and 319. Charter-chest.

THE CHURCH OF MAXWELL. xxm'
generally undated, but were prepared soon after the Eeformation. In a rental
prepared about 1567, the following appears :— " The towne of Maxveill, with
the manis, yielding in quheit 6 bolls, in beir 1 chalder, in meill 1 chalder 4
bolls : Pendicill Hill, in quheit 1 boll, in beir 4 bolls, in meill 4 bolls ; Ester
Voddene, in quheit 3 bolls, in beir 8 bolls, in meill 8 bolls ; Vester Vodden, in
beir 2 bolls, in meill 8 bolls ; Vester Softla, in quheit 3 bolls, in beir 6 bolls,
in meill 8 bolls."1 In 1567, John Pamer, for the " Ferrie Cwbill at Maxveill,"
was rated at ten pounds.2 In 1574 and 1576, the stipend of the reader at
Maxwell amounted to £16, with the Kirkland, " to be pait out of the third of
Kelso be the taxmen or parochiners of Maxwell." 3
In two other rentals of Kelso, about 1570, the " Cobill foment Maxwell"
is also stated at the same sum of £10 ; and in one of these rentals of the kirks
set for money, the kirk of Maxwell is entered at £66, 13s. 4d. ; and in the
assignation of Kelso, the kirk of Maxwell is entered for the same sum. 4
In the taxed roll of teinds of the lordship of Kelso, granted to his Majesty
in October 1612, the " Kirk of Maxvill" is stated at £10. 5
In an information concerning the kirks of the Abbacy of Kelso, prepared
about the year 1620, it is stated that the Kirk of Maxwell is " vnplantit." —
" Ane litle kirk, and the cure thereof servit be the minister of Kelso. The
renttis thereof are small, and in sindrie mennis handis for mony zeiris zit to
ryn, and the dutie of the unhibit tax extends onlie to 1° mercis, and the same
wes set in tak be Erie Both veil." 6
In a paper entitled " Form of the setting downe the teyndis for obedience
of the commission, be Mr. James Knox in Kelso," 26th April 1627, the teinds
of the Barony of Maxwell are thus stated : —
1. " Inprimis, the nvmber of the communicants being examinit accordmg
to the buikis of the examination going befoir the last communion, ar fund to
be 14 hunder four scoir threteene. Of the quhilk number, twa hunder threttie
three did appertaine to that pairt of the parishe quhilk is callit Maxwell.
2. " This part of the parische quhilk is callit Maxwell past memorie of
man, hes bene servit be ministeris of the kirk of Kelso, and wes vnited thereto
be the lait erectioun, being ane kirk of the same Abbacie.
1 Liber de Calchou, p. 509. 2 Ibid., p. 531. * Original Rentals in Roxburgh Charter-chest.
* Wodrow Miscellany, vol. i. p. 375 ; Buik of Assig- '* Ibid. 6 Ibid.
nations, vol. i. p. 86.

XXIV INTRODUCTION.
3. " The length of the parische is about twa myll. The breid ane myll.
The kirk standethe derectlie in the middis.
4. " The minister's stipend is aucht chalder of wittall, twa part meill,
thrid part beir, Lowthiane met ; ane hundreth merkis, with viccarigs of Kelso
and Maxwell. The viccarigs of Maxwellheughe, worth , possesst
of lait be wmquhill Johne Ker of Duddingstown, and now acclaimit be ane
bastart of his, and Thomas Ker of Cavers, pretendit tenant to the said Andro
Ker, bastart.
" The towne of Maxwellheughe, with the Manis, Wester Wodden, and
Howden," (paid) " twa chalder and ten bollas, to wit, of quheit, sex bollas, of
beir ane chalder, of meill ane chalder four bollas.
" Pinnekill-hill nyne bollas, to wit, of quheit ane boll, of beir four bollas,
of meill four bollas.
" Eisteir Wodden ane chalder three bollas, to wit, of quheit thre bollas, of
beir aucht bollas, of meill aucht bollas. The teindis of this steiding is led be
the possessoris of the ground.
" Wester Softla ane chalder ane boll, to wit, of quheit thre bollas, of beir
sex bollas, of meill aucht bollas.
" Chapell, fourteen bollas, to wit, sex bollas beir, aucht bollas meill. The
teind of this roume is led by the possessour. The haill teindis of Maxwell
parochin are thocht to be worth, communibus annis, sex hunder merk." 1
In a locality of stipend made by the Commissioners for Teinds, on 16th
December 1635, in favour of Mr. Eobert Knox, minister of Kelso, there is
provided out of the teinds of Chappell and Pinnacle-hill, belonging to the Lord
Jedburgh, eight bolls meal, six bolls bear, with £66, 13s. 4d. money ; and out
of the teinds of Maxwellheugh, half Brigendhaugh, Kingshaugh, Easter Wooden,
and Howden, pertaining to Andrew Ker of Greenhead, two chalders, five bolls,
two firlots meal, and ane chalder, four bolls, twa firlots, twa pecks bear.2
From a rental of the Earl of Eoxburgh's lands in Teviotdale, it appears
that, at Whitsunday 1682, the lands in Maxwellheugh, Easter Wooden, Howden,
half Brigend Haugh and Kingshaugh, paid yearly of valued teind duty, sixty
bolls of victual, and that the lands of Chappell and Pinnacle Hill paid yearly
fourteen bolls of victual and £66, 13s. 4d. ; Wester Softla and Wester Wooden
1 Original in Roxburgh Charter-chest. 2 Original ibid.

CHAPEL OF SAINT THOMAS.

XXV

paid yearly of valued teind-duty, £133, 6s. 8d. ; and Easter Softla paid yearly
sixteen bolls of victual. All these teinds were paid to the minister of Kelso
as part of his stipend, with the exception of the £133, 6s. 8d. for Wester Softla
and Wester Wooden.
In the same rental, the fishing of the water of Maxwell is entered as pay
ing yearly six dozen of salmon at 6 s. per piece, £43, 4 s.1
The parish of Maxwell was " unplantit" in 1620, and appears soon after
to have been united to the parish of Kelso. Part of the walls of the church
were standing until a late date, but they have now entirely disappeared, having
fallen from the united effects of time and neglect, or having been carted away,
and converted to some base use by a covetous contractor. Most of the tomb
stones have also disappeared, but a few lie scattered about, on which the
inscriptions are still legible.2 For many years the churchyard was not enclosed,
and from time to time the plough encroached on the consecrated ground.
Thanks to the care of Sir George Douglas, it is now enclosed.

OP
SAINT
THOMAS.

The site of the chapel of Saint Thomas has not been so clearly ascertained, chapel
Mr. Morton3 places it about a mile from Maxwell, at Harlaw, where some stone
coffins have been found ; while Mr. Jeffrey places it on Pinnacle Hill, because
the chapel was a pendicle of Maxwell church, and Pinnacle, he says, is a cor
ruption of pendicle.4 But in a grant by Edward III. to Sampson Hauberger
in 1362, 6 it is said to be opposite to Eoxburgh, and in another grant, made in
the following year, it is described as near Eoxburgh ; and Stobbie, in his map
of Eoxburghshire, which was published in 1770, places it near the Maison Dieu,
in a field still called Saint Thomas's Chapel lands, or the Chapel Knowe. This
is probably the real site of Saint Thomas's Chapel, as neither Pinnacle Hill nor
Harlaw can be said to be opposite Eoxburgh.

One of the earliest, if not the very earliest, territories acquired by Maccus,
on his settlement in Scotland, is called Maxton, which is an abbreviation of its

1 This payment must have been made half-yearly
to produce the cumulo amount. No doubt many of
these fish were taken out of Maxwheel.
2 One of the inscriptions is interesting : " Here lyes
Alexander Broomfield, who died July the 7th, 1711.
VOL. I.

His age 84. Also his spouse, Alisone Masone, who
died the 22d of July 1711. Her age 83.
3 Monastic Annals of Teviotdale, p. 110.
4 Roxburghshire, vol. iii. p. 190-1.
5 Eot. Scot., vol. i. pp. 857-865. d

THE BARONY
OP MACCHS-
TOUN OR
MAXTON.

XXVI INTRODUCTION.
original name of Maccustoun or Makistoun, the town, dwelling, or manor of
Maccus. It is situated a few miles higher up the Tweed than Maxwell, and
is separated from it by the parish of Eoxburgh. Like the barony of Maxwell,
Maxton is a valuable district. It was situated on the south banks of the river
Tweed, and probably co-extensive with the parish of the same name.
By the end of the twelfth century, Eobert de Berkeley acquired the manor
of Maxton ; and very soon after that, in the reign of Alexander IL, the family
of Normanville were the lords of Maxton, through intermarriage, it is said,
with the Berkeleys. A charter by John de Normanville is witnessed by Adam
de Makustun.1 John, son of Philip of Mackustun, discharged to the monks of
Melros all right of pasture in his land in the territory given to them by his
superior, John de Normanville, on receiving an equivalent in the territory of
Newton.2 Alexander de Maxton, of the county of Eoxburgh, swore fealty to
Edward I. in 129 6. 3 These Maxtons were vassals of the Norman villes as lords
of Maxton, and took their surnames as holders of parts of the barony under
the Normanvilles.4 Other places in the neighbouring district such as Maxpoffle, in the parish
of Lessudden, or St. Boswells, have probably acquired their names from Maccus.
The town of Maxton is said at one time to have been capable of furnishing
a thousand fighting men.6 This number is probably exaggerated, but there are
traces of ancient buildings to be found in a field between the present parish
church and the village, which show that the town was formerly of considerable
extent. The parish church of Maxton was probably built and endowed by Maccus.
It was dedicated to Saint Cuthbert ; and there are many early grants to, and
connected with this church, by the De Normanvilles. The patronage of the
church of Maxton was granted by King Eobert the Bruce to Walter the High
Steward, who conferred it on the monks of Dryburgh,6 with whom it remained
till the Eeformation.
1 Liber de Melros, p. 223. qubey and Redgorton. This family has possessed
2 Ibid. pp. 226, 227. Cultoquhey for several centuries.
3 Ragman Rolls, p. 157. | f™ Statiatioal Account, vol. iii. p. 117.
Liber de Dryburgh, p. 246. The present church of
Very few families in Scotland bear the name of Maxton is an old building. One of the doors is arched
Maxton at the present day. The principal family of and the stones have probably been taken from a former
that name is Maxton of Cultoquhey, in Strathearn, now church. Fragments of carved stones are built into the
represented by James Maxton Graham, Esq. of Culto- gable ofthe present church.

THE BARONY AND CASTLE OF CARLAVEROCK. xxvii
The barony of Maxton having passed from the immediate descendants of
Maccus, is not identified with their history in the same way as the barony of
Maxwell, which they long retained as one of their principal manors. It is
unnecessary, therefore, to trace its history through a long descent of owners in
no way connected with the family to which the barony owes its name.
The barony of Carlaverock was acquired by Sir John de Maccuswell, THE barony
grandson of Maccus, and since his time has remained in the possession of AND CASTLB
his descendants. There are probably in the repositories of the present pro
prietor, documents which would prove this conclusively ; but the editor has
not had an opportunity of examining these repositories ; and, as his object
is more particularly to illustrate the history of the Pollok branch of the
family of Maxwell, it was perhaps unnecessary that he should make any such
examination. It will be sufficient to accept the received tradition of the
acquisition of the barony of Carlaverock, and to give a slight sketch of its
celebrated castle.
From its situation at the mouth of the river Nith, commanding the ap
proach from England to the whole of the south-west of Scotland, the importance
of Carlaverock as a fortress must have been appreciated at a very early date,
and doubtless Sir John Maccuswell would do his utmost to make his castle
worthy of the post which it was to defend.
The situation of the original castle is about three hundred yards from the
present ruin, and from the appearance of the ground in its neighbourhood, the
waters of the Solway must, in the time of Alexander IL, have been close to
the castle walls. A minute description of the castle is given by Walter of
Exeter in bis history of the siege of Carlaverock (a contemporary work), which
has been translated by Sir Nicholas Harris Nicolas, from whose translation the
following account of the castle and the siege is taken :¦ — •
Carlaverock was so strong a castle that it did not fear a siege, therefore
the King came himself, because it would not consent to surrender; but it
was always furnished for its defence whenever it was required, with men,
eno-ines, and provisions. Its shape was hke that of a shield, for it had only
three sides all round with a tower on each angle ; but one of them was a
double one, so high, so long, and so large, that under it was the gate with the

XXVIU INTRODUCTION.
drawbridge, well made and strong, and a sufficiency of other defences. It had
good walls, and good ditches filled to the edge with water : and I believe
there never was seen a castle more beautifully situated ; for at once could
be seen the Irish sea toward the west ; and to the north a fine country sur
rounded by an arm of the sea, so that no creature born could approach it on
two sides without putting himself in danger of the sea. Towards the south it
was not easy, because there were numerous dangerous defiles of wood and
marshes ; ditches where the sea is on each side of it, and where the river
reaches it ; and, therefore, it was necessary for the host to approach it towards
the east, where the hill slopes.
Such was the fortress which Edward I., on his invasion of Scotland in
1300, found it necessary to reduce. In the end of the year 1299, he sum
moned all who owed him military service to attend him at Carlisle, on the feast
of the nativity of St. John the Baptist next ensuing, to serve against the Scots.
The command was punctually obeyed, and about the first of July the English
quitted Carlisle. No fewer than eighty-seven of the most illustrious peers of the
realm were present, and at the head of this gallant body marched Edward him
self ; his eldest son, the Prince of Wales, commanding one of the divisions
of the army. According to the poet, the castle of Carlaverock was not
" taken hke a chess rook," but by " thrusts of lances, and engines raised and
poised." Edward reached Dumfries on the 10th, and on the 12th of July he was in
possession of Carlaverock, but not without hard fighting for a night and day
before the valiant httle garrison could be brought to surrender, although they
numbered only sixty men of all ranks, " who were beheld with much astonish
ment." The incidents of the siege are described in a most lively manner by
Walter of Exeter, who gives the armorial bearings of each knight as he de
scribes his doughty deeds.
Although the poet is most minute in his descriptions of the besieging
army and its commanders, he says nothing of the besieged, except that each
was presented with a new robe. Perhaps hard fighting had defaced the armo
rial bearings on the shield of the commander, who was probably either Sir
Herbert de Maxwell, or his son Eustace.
The castle remained in the possession of the English for twelve or four-

THE BARONY AND CASTLE OF CARLAVEROCK. XXIX
teen years. On the 12th May 1309, the Sheriffs of Somersetshire and Dorset
shire were commanded to send 150 quarters of corn and malt for provisioning
the castles of Carlaverock and Dumfries j1 and on 30th April 1312, Sir Eustace
Maxwell holding Carlaverock for Edward IL, received from him a remission of
an annual rent due by him to the treasury of Berwick, to enable him to make
the castle secure against the snares of his Majesty's Scottish enemies.2 Soon
after this date, Sir Eustace appears as a warm supporter of Eobert Bruce. The
castle was again besieged by the English, and after a siege of several weeks,
Sir Eustace having compelled the English to retire, destroyed the fortifications
lest they should ultimately fall into the hands of the enemy. For this sacrifice
King Eobert compensated him by the grant of an annual rent, " pro fractione
castri de Carlaverock," and released him from a payment of £32 due from his
lands. Sir Eustace died between the years 1340 and 1342, and was succeeded
by his son Herbert, who restored the fortifications thrown down by his father,
and having sworn fealty to Edward III. in September 1347, was, on the fourth
of that month, formally taken under the protection of that King,3 and con
tinued to hold the castle until the year 1355, when it was seized by Eoger
Kirkpatrick, who reduced the whole of Nithsdale to obedience to the Kmg of
Scotland. Kirkpatrick resided at Carlaverock until the year 1357, when he
fell a victim to the vengeance of Sir James Lindsay.4
About this time the castle was dismantled and allowed to fall to ruin.
Little now remains of it but the foundations. From these, however, the accu
racy of the description given by Walter of Exeter has been fully tested.
Sir Herbert died without issue, and his estates devolved upon his cousin
Sir John Maxwell, who, in 1371, resigned them in favour of his son Sir Eobert.
Sir Eobert built the present castle, or it may be more correct to say a castle on
the site of the present ruin ; for many " castings down" and rebuildings were
executed before the castle was finally deserted by the family. In 1425, in the
time of Herbert first Lord Maxwell, Murdoch Duke of Albany was imprisoned
in the castle of Carlaverock on a charge of high treason, and the tower in which
he was confined is still caUed Murdoch's tower. Herbert himself was arrested
1 Rot. Scot., vol. i. June 1357. He was the husband of Egidia Stewart,
2 Ibid. vol. i. p. 110. Ibid. vol. i. p. 704. half-sister of Robert IL, afterwards wife of Sir Hugh
4 Sir James Lindsay suffered death for this murder in Eglinton, Justiciar of Scotland.

XXX INTRODUCTION.
at the same time, but was afterwards released. Carlaverock appears to have
enjoyed a long period of peace, for nothing is heard of it in history until the
year 1542, when James V. took up his abode there for a short time, prepara
tory to that invasion of England which resulted in the unfortunate rout of
Solway Moss, where Lord Maxwell was taken prisoner, and only restored to
liberty on payment of 1000 merks.
Henry VIII. was much impressed with the importance of Carlaverock,
and instructed his envoy, Lord Wharton, " emestly to travail with his
Lordship (Lord Maxwell), for the delivery thereof into his Majesty's hands,
if with money and rewards and other large offers the same could be obtained."
But the envoy's travail was in vain. Lord Maxwell remained faithful to
his country, and in peaceful possession of his castle until the time of Henry's
successor. In 1568, Lord Maxwell and his uncle, Sir John Maxwell, then Lord
Herries, fought for Queen Mary at Langside, and, after her defeat there, carried
her in safety to Dundrennan Abbey. This loyal conduct drew down upon the
Maxwells the wrath of Queen Elizabeth ; and the Earl of Sussex, who was sent
with an English army to support James VI. after the murder of the Eegent,
" took and cast down the castles of Carlaverock, Hoddam, Dumfries, Tinwald,
Cowhill, and sundry other gentlemen's houses, dependers on the house of Max
well." The castle of Carlaverock, however, was not entirely demolished. Cam
den, in 1607, describes it as a weak house of the Maxwells, so that it is probable
that Sussex only destroyed the fortifications. In the following year John, Lord
Maxwell, was forfeited for the slaughter of the Laird of Johnstone. The for
feiture, however, was only temporaiy, and Carlaverock and the other estates
were restored to Eobert, first Earl of Nithsdale, who forthwith proceeded to re
new the fortifications and improve the mansion-house. Much, if not all of the
decoration, as it at present exists, is due to his taste. Lord Nithsdale was an
earnest supporter of Charles I., and spent his whole fortune in support of the
Eoyal cause, In 1640, the Covenanters laid siege to his castle, and unsuccess
fully for thirteen weeks ; but at the end of that time, his Lordship received letters
from the King, directing him to surrender the castles of Thrieve and Carlaverock
on the best terms he could obtain. In obedience to these directions, Carlave
rock was surrendered, and the garrison were allowed to march out " with their

HERALDIC DECORATIONS AT CARLAVEROCK. xxxi
arms and shott, and with all their bags and baggage-trunks, household stuff'
belonging, on their honour and credit, to his Lordship and them, leaving the
cannon superplus of ammunition and other provisions." Lord Nithsdale
retired to Langholm, whilst the captors not only stripped the castle of its
furniture, but dismantled the building itself.
Some notion of the magnificence of the Earls of Nithsdale may be gathered
from a note of the household " stuff intromitten with," by Lieutenant-Colonel
Home at Carlaverock -,1 — " There were five beds, two hung with silk and three
with cloth, with massy silk fringes of ane quarter deep, with chairs and stools
answerable ; every bed estimate to £110 sterhng ; ten lesser beds estimate to
£15 sterling; and seventy other beds for servants, consisting of feather-bed,
bolster, rug, blankets, and estimate to £7 sterhng a piece." This item perhaps
gives one a higher notion of the luxury of this establishment than the two beds
of silk. The drawing-room was hung with cloth of silver ; the chairs and
stools in it were covered with silk and velvet, fringed with silver or silk. The
luxury of furniture was accompanied by the more unusual luxury of books.
Colonel Home removed a library which had cost Lord Nithsdale £200.
The intromissions of Colonel Home put an end to Carlaverock as a resi
dence. It has remained a ruin ever since.
In 1667, the estates devolved upon John Maxwell, Lord Herries, who
resided at the Herries mansion of Terregles ; and this being so near the Castle
of Carlaverock, removed any inducement which there might have been to
restore the latter. The estates have remained in the family ever since, and
are now in the possession of William Constable Maxwell of Everingham, in
Yorkshire, and of Nithsdale, the heir-general of the family, who, in 1858, was
found by the House of Lords entitled to the barony of Herries, after a pro
tracted contest with William Maxwell of Carruchan, the heir-male of the
family and of Sir John Maxwell, Lord Herries.
Over the arch of the gate of the castle is placed a large stone containing heraldic
in the centre the crest of the Earls of Nithsdale. This is a stag attired proper,
lodged before a holly-bush, with a shield resting on its fore-legs, bearing the
Maxwell saltire, with the motto below, " I bid ye fair." The four corners of
1 Printed in the Siege of Carlaverock ,

DECORATIONS AT CAR
LAVEROCK.

xxxn

INTRODUCTION.

this stone contain armorial bearings. In the dexter and sinister chief corners
are the Eoyal arms of Scotland, and the double-headed displayed eagle of the
Maxwells. In the dexter corner of the base are the arms of Maxwell im
paled with those of Douglas or Mar, being a bend between six crosslets ; and
in the sinister corner of the base are the arms of Stewart of Dalswinton,
whose daughter was married to Sir Herbert Maxwell, father of the first Lord
Maxwell.1 The castle-yard which is entered by this gateway is also triangular. The
east side of the triangle, which constituted the family residence, is three storeys
high, and fifty-five feet long. The masonry of this part is finer than any other
remaining portion of the building. The doors and windows are all handsomely
sculptured. On the pediments of the lower storey are the armorial bearings
of the Nithsdale family, with the initials of
Eobert the first Earl, who was the restorer of
this paxt of the castle. The annexed wood
cut shows the initials of his wife, Elizabeth
Countess of Nithsdale, which are on the pedi
ment above the second door of the first storey.
Above the first window is a heart-shaped
shield, with the plain Maxwell saltire. Above
the second stair-case window is a shield with
the double-headed eagle, charged with a shield
and saltire surmounted by an Earl's coronet.
The fourth stair-case window contains arms
similar to those above the second, without
the supporters. Above the fourth window is placed the crest of the Earls of
Nithsdale ; the stag lodged under a holly-bush.
The carving above the first court-door is nearly destroyed, but it had

1 Near the entrance gateway there is lying a large
armorial stone, partly broken. It contains a shield with
a double-headed eagle displayed, surmounted with an
escutcheon bearing a saltire. On the sinister side is part
of a stag as a supporter. The dexter side is broken off.
Part of a scroll at the foot contains these words . . . D •
T H E ¦ F A I R • On a measurement of a window
now built up at the entrance to the banqueting-hall, it

would appear that this stone had been fitted into it.
The motto may have reference to the hospitality of the
hall, rather than the hill of Wardlaw where the gibbet
stood, as stated by Pennant in his tour in 1772, pub
lished in 1795, vol. ii. p. 113. On another old carved
stone lying in the entrance is this motto :— " Qvam .
Grave . Servitium Est . Quod . Levis . Esca . Parit."

HERALDIC DECORATIONS AT CARLAVEROCK. Xxxiii
apparently been a large eagle, and a rose on each side of the shield at the
base. Above the first window, on the second storey, is another shield supported
by two cherubs, bearing a double-headed eagle, charged as before, with a shield
and saltire surmounted with an Earl's coronet. Under the shield is a human
head, with two hands drawing the jaws apart in a grotesque manner.
Above the second window of the second storey, on the dexter side, is a
tree, from a branch of which is suspended a small shield bearing the Maxwell
saltire. There is also suspended from the same branch an Earl's coronet.
Below the coronet and shield are the initials r. b n., evidently for Eobert Earl
of Nithsdale. On the sinister side of the same window, there is suspended,
from a branch of another tree, a shield, apparently the same as the one on the
dexter side, with a saltire ; but it is moss-grown and indistinct. Another
coronet is suspended from a separate branch, and below, the initials e. ° N., for
Elizabeth (Beaumont) Countess of Nithsdale. The cord which suspends the
two coronets is interlaced with the letters E for Earl, and C for Countess.
Above the third window of the second storey are three figures, with the
letters E. N., evidently for Eobert first Earl of Nithsdale, the restorer of this
part of the castle.
Over the three windows of the third storey are carvings of subjects taken
from Ovid's Metamorphoses.
The opposite or west side of the court is plain. A handsome doorway on
the south side of the court leads to the great banqueting-hall, which is flanked
by the two towers at the base of the triangle, and is one hundred and four feet
long by twenty-six feet broad.
Grose, in his " Antiquities of Scotland," has three separate engravings of
the Castle of Carlaverock, and one of these, showing the south-west aspect,
forms the frontispiece of his work. The other two consist of views of the
east side, and the south-west more to the eastward than the view first men
tioned.1 Mr. Billings also, in his Baronial Antiquities of Scotland, has three engrav
ings of the Castle of Carlaverock, consisting of a general view, the entrance
gateway and flanking towers, and the court-yard, besides woodcuts of the
1 Grose's Antiquities of Scotland. Frontispiece, and pp. 159-168.
VOL. I. e

XXXIV INTRODUCTION.
interior of the entrance tower and the portcullis room.1 A lithographic view
of the Castle is included in the present work.
the barony The barony of Mearns was another valuable property, acquired by the
of mearns. jy[axwe]] family at a very early period. It is situated in the east of the county
of Eenfrew, and the name Merns, Mernes, Mearnes, and Mearns, as it is
variously spelt, is very descriptive of its peculiar features, as very suitable for
pasturage, and as having always been, to a great extent, a dairy and hay pro
ducing district.
Mearns is an inland territory, and from no point in it is there even
a view of the sea, above the level of which it rises 500 or 600 feet. It has no
high hills or large rivers to add grandeur to its scenery. The beauty which
it possesses is derived from the undulating character of the ground, and
from the small lochs which are situated in the upper part of the barony,
in what is termed the muir or commonty of Mearns, a large tract of pas
ture land to which of old the several proprietors had right of pasturage, but
which is now divided amongst the respective heritors.2 The largest of these
lochs are the Brother Loch, about three miles in circumference, and the Little
Loch, the Black Loch, and the White Loch, which are nearly of the same size.
They are all well supplied with trout and other fish of excellent quality.8
This valuable barony was acquired by the Maxwell family about the
middle of the 13th century, and continued to be their property for about
four hundred years. It was acquired from the family of de Mearns, of whom
there are several notices in charter records. Mearns is not named among the
Eenfrewshire lands which were granted by David I. to the High Steward, as
confirmed by King Malcolm IV. The first proprietor of these- lands designated
of Mearns is Eothland, or Eolland de Mearns. He witnesses a charter by
1 The Baronial and Ecclesiastical Antiquities of Scot- 3 The Salmo savelmus has been long a denizen of the
land, by R. W. Billings. William Blackwood and Sons, lakes of Mearns. The flesh is red, and the fish is gene-
Edinburgh and London, 1845-52. 4to, vol. i. rally about a foot long. Upwards of a century ago,
2 While Sir George Maxwell of Pollok was proprietor Anne Duchess of Hamilton caused a number of live
of Mearns, the division of Mearns Muir caused him trout to be taken out of the lakes at Mearns, and put
much anxiety, owing to the numerous claims of the into the Avon at Strathaven, where she then resided.
vassals, which he was unwilling to recognise. On 1st The breed is still extant, and goes by the name of the
January 1657, he notes in his diary that he was exceed- Duchess Anne trout.— [New Statistical Account of Scot-
ingly moved to know God's mind on the division of the land, vol. vii. p. 516.1
muir.— Vol. i. p 367.

?§s» *s

CARLAVEROCK CASTLE.

THE DOUBLE-HEADED EAGLE OF NITHSDALE
FROM ARMORIAL STONE AT CARLAVEROCK CASTLE

THE BARONY OF MEARNS. XXXV
Eschina, wife of Walter the High Steward, to the monks of Paisley, of the
lands of Molle, which must have been granted, at latest, before the year 1177,
when her husband, one of the witnesses, died.1 Eodland de Mearns also wit
nesses a charter by Nichol Costentin to the same monks, of some lands in
Innerwick, about the year 1200,2 and another by Alan, son of Walter, to the
same, of lands between the Kert and Grif, about the same time.3
The next baron of Mearns who appears on record is Nicholas de Merns,
who was son of Eolland. Along with John Mundegumery and other four
knights of the Steward, Nicholas the son of Eolland, granted a charter to the
Abbey of Melrose of lands at Innerwick. The charter is not dated ; but it was
probably granted about the year 1170. The seal of
Nicholas de Mernis is still appended to this charter.
It is of an oval shape, charged with a Jleur-de-lis, not
on a shield.4 An engraving of it is annexed. The seal
of John de Mundegumery which is appended to that
charter also bears a, fleur-de-lis.
Eobert de Mearns is the next baron of Mearns.
On the 1st June 1250, he witnessed a licence by King
Alexander III. to the monks of Paisley to rebuild and
repair the fishing pond on the Leven near Dunbarton.5
He was probably the grandson of Eolland ; and Eichard
of Merness who, in 1262, witnesses a charter by Cecilia, spouse of John of
Perthec, of some lands in Eutherglen, to the monks of Paisley, seems to have
been a younger brother of Eobert.6 Mary de Mearns, who was married to
Aymer de Maxwell before 1255,7 became heiress of the family, and brought
the barony of Mearns to her husband, Aymer de Maxwell.
This appears to be the most probable account of the acquisition of Mearns
by the Maxwell family, though there has not been found any strictly legal
evidence of the affiliation of Mary of Mearns, the wife of Aymer de Maxwell.
A MS. history of the Maxwell family in the British Museum,8 says that " Homer
1 Registrum Monasterii de Passelet, p. 74 ; Chronica 51. Memorials of the Montgomeries, Earls of Eglin-
de Mailros, p. 88. ton, vol. ii. p. 1.
2 Registrum Monasterii de Passelet, p. 116. 5 Registrum Monasterii de Passelet, p. 215.
» Ibid. p. 15. 6 Ibid. p. 377.
4 Original charter among Melrose charters, belonging ' Rymer's Foedera, vol. i. p. 329.
to the Duke of Buccleuch. Liber de Melros, vol. i. p. 8 3538 Cod. Harleian Collections. This history of the

XXXVI INTRODUCTION.
(Aymer) Lord Maxwell of Carlaverock and Mernes, [is] recorded to have been
present in Parliament holdin by King Alexander the 2d in the 21 year of his
reigne, anno 1244, and so to have been a Lord of Parliament," [and that] " he
married Marie Makgaghan heretrix of the Mernes."
the chukch The Maxwells first appear on record as proprietors of Mearns about the
of mearns. vear 1300, and the earhest notices of them in this character relate to the
church and mills of Mearns, and the ancient burgh of barony of Newtoun of
Mearns. Of the church of Mearns there are notices as early as the time of
Eolland de Mearns. Between the years 1177 and 1199, Peter of Polloc granted
a charter to the monks of Paisley, confirming to them the church of Mernis,
with the lands and teinds of the same, as they had been granted by his brother
Helyas.1 This gift was also confirmed to them during the same period both
by King WiUiam the Lion, and Joceline, bishop of Glasgow ;2 and again on
the 12th June 1219, Pope Honorius III. confirmed the churches of Mernis,
Polloc, and others, to the same monks.3 iibout the year 1300, Herbert of
Maxuel, knight, made a donation of six merks out of the revenues of his mills
of Merness to the parish church of Merness, and at the same time came under
an obligation to the Abbot and convent of Paisley to find a chaplain to officiate
in the said church.*1
The village of Newton of Mearns also appears on record as the property
of the Maxwell family, as well as the church and the mills, in the close of the
thirteenth or begmning of the fourteenth century. Between the years 1272
and 1316, the same Herbert of Maxuel, Knight, granted to the churches of
St. James and St. Mirrin of Paisley, and the monks there serving God, 8^ acres
and 28 perches of land in the Newton (nova viUa) of Mearns, — thus giving to
the village an authenticated history of about 600 years.6
The lands and barony of Upper Pollok, possessed by the Polloks of that
Ilk, held of the Maxwells, Lords of Mearns, as superiors.6
Maxwells, although referred to here for a particular fact, was a churchman and canon of Glasgow.— [Liber de
as to which it is believed to be correct, it must be con- Melros, vol. i. p. 60.]
fessed, is obviously very inaccurate in other particulars. • Registrum Monasterii de Passelet, pp. 100, 101.
Crawfurd also states a similar account ofthe acquisition 3 Vol. i. p. 121. 4 Ibid. 126 127. 6 Ibid. 125.
of Mearns. B Precept, vol. i. p. 294. In the account of this parish
in the Origines Parochiales, vol. i. p. 98, it is stated
1 Registrum Monasterii de Passelet,^. 98. Helyas that the High Steward gave MearnB, along with Upper

THE CASTLE OF MEARNS. XXXvii
About a mile to the south-east of the village of Newton, and on a rocky the castle
eminence, stands the castle of Mearns. The licence to build a castle was 0F MEARN8-
granted by King James II. to Herbert, Lord Maxwell, on the 15th March 1449,
and conferred on him full power to build on his lands lying within the barony
of Mearns, in Eenfrewshire, a castle or fortalice ; to surround and fortify the
same with walls and ditches ; to secure it by iron gates ; and to erect on the
top of it all such warlike apparatus as might be necessary for the defence
thereof.1 From the architecture of the present castle, there can be httle doubt that
it was built soon after the date of this licence. It is probable that the castle
of Eolland of Mearns had stood on the same rock, and had fallen into decay
by the time that Herbert, Lord Maxwell, obtained the licence to build a new
castle.2 The castle of Mearns consists of a quadrangular tower, with walls
about eight feet thick, in which are windows and loopholes. It was sur
rounded by a strong wall and ditch, and the entrance was secured by a draw
bridge, the remains of which may still be traced.
Mearns Castle continued to be one -of the principal residences of the
Maxwell family for two centuries after its erection. But as the Lords Max
well had other castles at which they resided more frequently than at Mearns,
they appointed constables and keepers of that castle, who levied duties for the
keeping of it.3 Lady Elizabeth Douglas, Countess Dowager of Mortoun, sought
the quiet and repose of the castle of Mearns in the summer of 1593, after the
slaughter, in the preceding December, of her husband, John, seventh Lord
Maxwell, father of John Lord Maxwell, Earl of Morton. On the 12th March
1593, her ladyship wrote to Sir John Maxwell of Pollok, stating that, God
willing, she was to repair to her lands and castle of Mearns, to take up her
residence there for the most of the ensuing summer, and requesting him to
and Nether Pollok, to a family who assumed their sur- of Upper Pollok. It was the property of a younger son
name from the lands of Pollok. They disappeared, it is of the House of Maxwell before tbe time that the Polloks
added, in the war of the succession. This statement is of Upper Pollok are said to have lost it.— {Vide Notes,
not borne out by the charter records. The Polloks of 1 and 2, p. 2, infra.]
Upper Pollok never were the proprietors of Mearns and 1 Vol. i. p. 167.
the Lower Pollok. The family of De Mearns possessed 2 The erection of such castles as Mearns and Carlave-
Mearns as early as the time of the High Steward, and rock, in the same century, must have been very costly
were succeeded bv the Maxwells. Lower Pollok was to the Lords Maxwell.
never, any more than Mearns, the property ofthe Polloks ' Letter of Bailliery, vol. i. p. 245.

XXXVIII INTRODUCTION.
give up the keys to her servants, that the necessary repairs might be made for
her reception.1 Soon after this the castle of Mearns became for a time the residence of
her Ladyship's unfortunate son John, eighth Lord Maxwell. He was of a bold
and vindictive disposition, determined to revenge on the Johnstons his father's
death, and was in consequence commanded by the King to live in Clydesdale>
and not to appear within Dumfriesshire. He returned to the south, however,
in the summer of 1601, plotting, it is said, the death of his rival, the Laird of
Johnston, whom he met and shot on the 6th April 1608, for which he was
beheaded at the Cross of Edinburgh, 21st May 16 13.2
The lands and barony of Mearns continued in possession of the Lords
Maxwell and Earls of Nithsdale till about the year 1648 or 1650, when Eobert,
the second Earl, on account of the pecuniary difficulties in which he was in
volved, through the large sums of money spent by his father in support of
Charles I. during the civil wars, sold them to his kinsman, Sir George Maxwell
of Pollok. They did not long continue in the possession of Sir George Max
well. He sold them to Sir Archibald Stewart of Blackhall, about the year
1660 ; and his representative, Sir Michael Eobert Shaw Stewart, M.P. for
Eenfrewshire, is the present proprietor of Mearns.3
Although long since deserted as a residence, the castle of Mearns has occa
sionally, in recent times, been enlivened by a gay assemblage. The Mearns
troop of Yeomanry Cavalry used to hold annual balls in the hall of the castle.
Several apartments were fitted up for these meetings, with some appearance of
modern comfort.
A view of the castle as it now stands is here given, along with a bronze
ewer which was found in the meadow near the castle about forty years ao-o.
1 Vol. ii. p. 173. » Crawford's Renfrewshire, p. 36; and vol. ii. p.
' New Statistical Account of Scotland, vol. vii. p. 519 ; 289.
Chambers' Domestic Annals, vol. i. pp. 410, 447.

PI >
702
to o
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the first four generations of the maxwells. xxxix
Undwin and Maccus, c. 1070-1150.
The name of Undwin is only known in connexion with that of his son the first
Maccus, who, as we have already seen, acquired the barony of Maccuswel, and F0UE GENERA-
was the founder of the family of Maxwell. It is probable that Undwin was
J r MAXWELLS.
born about the year 1070, and was a person of some consideration in England,
that either he or his son having been driven from their English possessions by
the Norman conquerors, took refuge in Scotland, and there was received into
favour by the King. The only certain fact which is known about him is that
he had a son Maccus, and this appears from an inquisition by David Prince of
Cumbria, afterwards David I. of Scotland, concerning the lands, churches and
privileges belonging to the church of Glasgow, to which Maccus, son of Und
win, is a witness.1 This charter must have been granted before 1124, when
David ascended the throne. Maccus son of Undwin is witness to a charter
granted by David, then king, to the monks of Melrose, of the lands of Melrose,
Eldune, and Dernewic, in the forests of Selkirk and Traquahyand of the lands
of Galtuneside.2 This charter is not dated, but it was probably granted in the
early part of David's reign. These are the only occasions on which the name
of Undwin appears. Maccus himself is witness to another charter by David,
before his accession to the throne, for founding the monastery of Selkirk,3 and
frequently appears in connexion with his sons, of whom he left four.
1. Herbert, who succeeded him.
2. Liulfus, who is frequently a witness under the designation of " son of
Maccus." Thus he is a witness to a charter of confirmation by Eobert de Lan-
deles and Muriel his wife to the monks of Melrose, of lands in the territory
of Brockesmuth, before the year 1174 ;4 to several charters to the monks of
Melrose during the reign of William the Lion ; to a charter to them by the
High Stewart of the lands of Machelin in Kyle ; and to a charter by Philip de
Valloniis to the same monks of the lands of Eingwde,5 granted before 1174, as
Osbertus, Abbot of Gedewode, who is also a witness, died in that year.6 Liulfus
left a son, Uchtred, who appears in the charter next cited.
> Anderson's Diplomata Scotia,, where this deed is 3 Liber de Kalchou, p. 4 * Ibid., p. 259.
engraved. Registrum Episcopates Glasguensis, p. 5. 5 Liber de Melros, pp. 56, 57, 141.
• Liber de Melros, p. 4. ° Ihld-' P- 86'

xl

INTRODUCTION.

THE FIRST
FOUR GENERA
TIONS OF THE
MAXWELLS.

3. Edmund de Maccuswell, who witnesses a donation by Uchtred, son of
Liulf, to the church of St. Mary of Kelso, of the church of Molle, and adjacent
lands, about 1152. *
4. Eobert, to whom William the Lion granted a carucate of land in the
territory of Lesedwin, by a charter dated 28th December 1200.2 Eobert
witnesses two charters preserved among the Melrose charters, granted in the
reign of William the Lion,3 and an amicable convention between the Bishop of
Glasgow and the Abbot and convent of Kelso concerning the cession by the
latter of their right in the church of Campsie to the church of Glasgow, on 28th
December 1221.
Maccus probably died about the year 1150. He was succeeded by his
son,—
III. Herbert de Maccuswell, 1140-1200,
Who, from the numerous occasions on which he was a witness to charters
granted by William the Lion, appears to have been much about the court of
that king ; and from his holding the highly important office of Sheriff of Eox
burghshire, must have been much trusted by his sovereign. The earhest notice
which we have of Herbert is in 1159, when Malcolm IV. confirmed to the
monks of Kelso a grant of the church of Maccuswell, made to them by Herbert
de Maccuswell.4 This grant was again confirmed by Malcolm's successor.5 As
Sheriff, Herbert gave to Eobert, son of Maccus, possession of that carucate of
land which the King confirmed to him on the 28th December 1200.6 These
are the only transactions in which Herbert appears as a principal, but the deeds
to which he is a witness are very numerous. He witnesses a charter by Wil
liam the Lion to St. Mungo and the church of Glasgow of the lands of Badlayn
about the year H75orll77;7 a charter by William to the church of St. John
of Eoxburgh about the year 1189 ;8 and many charters in favour of the monas
teries of Paisley and Kelso.9 About the year 1190, he was designated High

1 Liber de Kalchou, p. 145.
* Vol. i. p. 121.
' Liber de Melros, pp. 76, 81.
4 Liber de Kalchou, p. vi. pp. 11, 14.
'- Ibid.

'¦ Vol. i. p. 121.
7 After death of Bishop Engelramus, and in the time
of Bishop Joceline — Reg. Epis. Glas., p. 36.
8 Ibid., p. 66.
0 Reg. Monast. de Passelet, and Liber de Kalchou.

SIR JOHN DE MACCUSWELL, 1190-1241. xii

IUST
FOUR GEXEKA-
TIONS OF THE
MAXWELLS

Sheriff of Theuydale in an arrangement between the Abbot of Kelso and Henry TUE F
of MoUe and his wife.1 The latest notice of Herbert de Maccuswell is in the F
charter already mentioned, of lands in Lesedwin, granted in 1200. It is pro
bable that he died soon after this date. He left three sons :
1. John, who succeeded him.
2. Eobert, who is a witness to a charter by Eichard de Lincolina and the
daughter of Matilda his wife to the monks of Kelso of a piece of pasture in the
tenement of Molle, about the year 1190 ;2 and, with his brother John, to a
charter by Bernard de Hauden to the same monks of the mill and mill-pond of
Eeuedene, about the year 1210.3 Eobert appears to have left no issue.
3. Aymer, who succeeded John.

IV. — 1. Sir John de Maccuswel, 1190-1241,
Succeeded his father in the territory of Maccuswel and in the office of Sheriff
of Eoxburghshire. Under this designation he is witness to an agreement be
tween the Abbot and convent of Kelso and Eustace de Vesey, about the year
1207.4 In a charter by Patrick de Withicun to the monks of Melrose, granted
in the reign of William the Lion, he is described as Sheriff of Theuidale ; and
towards the close of this reign he witnesses many deeds in favour of the
monastery of Arbroath.5 His name frequently occurs as a witness in the car
tularies of Melrose and Coldinghame.
Sir John continued to hold the same high place in the councils of Alex
ander II. which he had already attained in those of his predecessor, and on the
7th July 1215, he was sent as ambassador-extraordinary to England. On the
15th June 1218, with the Bishops of Glasgow and St. Andrews, William de
Boscho, the Chancellor, Walter Cumin, and others, he was again sent to Eng
land to negotiate a marriage between Alexander and the Princess Johanna,
sister of Henry III. of England.6 For the success attending this mission, Sir
John appears to have received the honour of knighthood, as he witnessed an
' Liber de Kalchou, p. 136. * Liber de Kalchou, p. 172. Sir John appears as a
witness to many instruments in this volume.
2 Ibid., p. 128. s Registrum de Aberbrothoc, pp. 8, 21, 47, 56, etc.
3 jfoj ]7g_ e Bymer's Foedera, vol. i. pp. 135, 161, 165.
VOL. I. J

xlh INTRODUCTION.
the first agreement between the Bishop of Glasgow and the convent of Kelso concern-
four genera- ^ng ^e cnurcb. of Campsie, on 12th December 1221, * and in 1225, two charters
in favour of the monks of Melrose, in which he is designated Dominus.2
MAXWELLS. °
Sir John appears to have been in constant attendance at Court be
tween the years 1220 and 1231, during which period he witnessed many royal
charters, and other deeds, in which he is simply described as Sheriff of Eox
burghshire. Thus, in 1225, on the 2 2d November, he witnessed a charter by
Alexander IL, granting to St. Mungo, and Walter, Bishop of Glasgow, the
privilege of having a burgh at Glasgow, with a market on Thursdays.3 He
also witnessed many charters to the abbey and convent of Paisley between the
years 1228 and 1231.4
In the year 1230, Henry de Baliol, Lord of Eeidcastle, resigned the office
of Chamberlain, and Sir John was appointed his successor.5 Under the de
signation of Chamberlain, on 19th March 1230, he is a witness to a precept by
Alexander IL, ordaining all his sheriffs and officers to take up the case of the
monks of Melrose, and vigorously to prosecute the persons who had robbed
them of their plate, ornaments, and money.6 " Sir John de Maccuswell,
Chamberlain of the King," witnesses a charter by Henry de Beletun to the
monks of Melrose of his lands of Kingissete, in the year 12 3 1.7 As Camerarius,
he is a witness to a charter by Alexander to the abbey of Dunfermline ;8 to
another by Alexander, in favour of the monks of Newbottle, dated 25th Octo
ber 1232 ;9 and to another, on the 7th June 1233, to the monks of Kelso.10
On the 30 th of this month he is mentioned in a charter of confirmation in
favour of M., formerly Thane of Calentyr.11 Sir John, about this date, wit
nessed many deeds granted by Alexander to the monks of Melrose, but in none
of these is he described as Camerarius after the year 1233. It is probable that
in this or the following year he resigned the office, either finding himself too
much occupied, or for some other reason. At all events his resignation could
not have taken place from any disagreement with his royal master, for there
i Registrum Episcopatus Glasguensis, p. 101. " Crawford's Lives of the Officers of the Crown and
- Liber de Melros, pp. 246, 254. State, pp. 260-61.
3 Registrum Episcopatus Gksguensis, p. 113. Sir « Liber de Melros, p. 162. i IUd p. 195
John's name appears in the same volume at pp. Ill, 8 Registrum de Dunfermelyn, p. 44.
114, 115, 116. • Registrum de Neubottle, p. 107.
4 Registrum Monasterii de Passelet, pp. 48, 172, 213, 10 Liber de Kalchou p. 309.
214. :. " Vol. i. p. 122.

SIR AYMER DE MAXWELL, 1195-1266. xliii
are abundant proofs, that during the remainder of his days he continued as the first
much about the King as formerly. The last time in which his name occurs F0UR GENERA
as a witness, is in the charter by Alexander to Earl Maldoue of the Earldom of TI°NS °F THE
r it MAXWELLS.
Levenax, on the 28th July 1238. It is stated by all the earlier writers on the
family of Maxwell, that Sir John acquired the barony of Carlaverock, and other
extensive additions to the original family properties. So far as it has been in
the power of the Editor of these pages to ascertain, there is no positive proof
to support this statement ; but Carlaverock must have been acquired by the
Maxwells at a very early date, and, from the constancy of the tradition, and
the numerous opportunities which Sir John must have had of obtaining grants
from the Crown, we may accept it as a fact that he did acquire the barony of
Carlaverock. Sir John does not appear to have left any children. He died
in 1241, and was buried in Melrose Abbey.2 He was succeeded by his brother,

IV — 2. Sir Aymer de Maxwell, second Lord of Carlaverock,
1195-1266,
Who, with his brother John, witnessed a charter by Eoger Burnard to the
monks of Melrose before the year 1214 ;3 and another by Alexander IL, in
favour of the monks of Coldinghame, dated at Berwick the 16th May 1232.4
He witnessed a charter by Alexander to William, Bishop of Glasgow, of the
lands of Mosplat, in the bailery of Lanrick, dated 7th February 1224 ;5 and
another to the monks of Melrose ofthe lands of Ettrick, dated the 21st Feb
ruary 1235. 6 In the year 1239 he witnessed a charter granted by Walter, son
of Alan Steward of Scotland, to the monks of Paisley, of the churches of
Senechar and Achinlec ; and another by Walter to the same monks in 1246. 7
Aymer occurs on many other occasions as a witness to deeds granted by
Alexander II. and others in his reign. In the reign of Alexander III. he also
witnesses many charters still extant, amongst others the charter to Malcolm,
son of Duncan, and Eve, sister of the Earl of Lennox, printed below ;8 a charter
» Cartularium de Levenax, p. 2. 6 Registrum Episcopatus Glasguensis, p. 151.
* Chronica de Mailros, p. 154. " L^r de Melros, p. 667.
• Liber de Melros, p. 75. * Registrum Monasterii de Passelet, pp. 19, 24.
4 Printed in Raine's History of North Durham. 8 Vol. i. p. 123.

xliv INTRODUCTION.
to the monks of Melrose of the meadow of Farningdun, dated Sth June 1252 -f
and another to the church of Glasgow of the lands of Dalkam, the gift of Isa-
MAXWELLS.

FOUR « ITERA
TIONS OF THE bella de Valloniis, Lady of Killebrid, dated 12th November 1253.
Some time before the year 1255 he acquired by marriage the lands and
barony of Mearns,3 which formerly belonged to Eolland de Mearns ; and soon
afterwards, about the year 1257, succeeded Sir David Lindsay, Lord of
Crawfurd, in the office which his brother had formerly held.4 As chamberlain
he was one of the magnates of Scotland who made a solemn agreement with
the Prince and people of Wales not to conclude a peace with England without
their consent.5 Sir Aymer held the office of Chamberlain tiU the year 1260,
for on the 18th August he witnessed a letter by Alexander III. to the provosts
and bailies of the north concerning the accommodation of the Bishop of Aber
deen, in which he is described as " Camerarius."0 He does not appear again in
this character ; but about tliis time he held the important offices of Sheriff
of Dumfriesshire and Justiciary of Galloway : Under the latter designation
he witnessed a charter by Alexander in favour of the monks of Melrose,
dated 9th December 1264 ; and about the same time, as Sheriff of Dumfries
shire, he rendered an account for twenty merks as the price of twenty
chalders of barley, taken from Maccuswell for the castle of Eoxburgh.7
Sir Aymer died about the year 1266, leaving by his wife Mary—
1. Herbert, who succeeded him, and, carrying on the direct line of the
family, was ancestor of the Lords Maxwell, the Earls of Nithsdale, and the
Lords Herries of the house of Maxwell. A Tabular view of the descendants
of Herbert is given in the two foUowing pages.
2. Edward Maxwell, mentioned in the year 1248. He died without issue.
3. Sir John, who founded the Pollok branch of the Maxwell family, who
form the subject of the present work.
4. Alexander, who with his brother John witnessed a charter by his
brother, Sir Herbert, to the church of St. James and St. Mirrin of Paisley of
lands in the barony of Mearns, c. 1300.8
1 Liber de Melros, p. 300. " Kymer, vol. i. p. 3711.
2 Registrum Episcopatus Glasguensis, p. 161. « Reg. Epis. Aberd., i. p. 27.
5 Rymer, vol. i. p. 329. 7 Compota Camerar., vol. i. pp. 27s 45*'- 46s.
4 Crawfurd's Lives of Officers ot the Crown and s Vol. i. p. 125.
State, p. 262, 203.

xlv

THE MAXWELLS OF MAXWELL, CARLAVEROCK, AND MEARNS,
EARLS OF NITHSDALE, LORDS MAXWELL AND HERRIES ETC.

I.— UNDWIN, father of Maccus, c. 1070.
|
IL— Maccus, who gave name to the Barony and Family of Maxwell. Died c. 1150.

III.-Herbert de Maccuswell, Sheriff of Liulfus, &U70 Had Edmund de Maccuswell, Robert 1200.

Roxburgh. 11401200.

a son, Uchtred.

u. 1152.

IV. 1. — Sir John de Maccuswell, also Sheriff of Robert, c. 1210,
Roxburgh and Chamberlain of Scotland. He s.p.
was the first of Carlaverock. 1190-1241, s.p.

IV. 2. — Sir Aymer de Maxwell, second of Car
laverock. He married Mary of Mearns, and
acquired the Barony of Mearns. 11954266.

V.— Sir Herbert de Maxwell, of Carlaverock, Mearns, and Edward Maxwell, Sir John Maxwell, ances- Alexander
first of Pencaitland, 1276. Swore fealty to Edward I. 1296. 1248, sp. tor ofthe Maxwells of Pollok. c. 1300 '
He first used the saltire in his arms. Died before 1312. Vide p. xlvii.

VI. 1. — Sir Eustace Maxwell of Maxwell,
Carlaverock, Mearns, etc. 1312-1342.

VI. 2. — John de Maxwell of Pencaitland and Libberton. He swore
fealty to Edward I. in 1296. Died before 1343.

VII. 1. — Herbert de Maxwell
of Carlaverock. Died with
out issue in 1356.

f

VII. 2.— Sir John Maxwell, Knight, of Maxwell, Carlaverock, Mearns,
Libberton, etc., succeeded his uncle, Sir Eustace, and his cousin,
Herbert. Was taken prisoner at the battle of Durham on 17th
October 1346. He was knighted before 1354, and died after Novem
ber 1373. He had by his wife Christian three sons and a daughter.

I
Eustace, died s.p.

VIII. — Sir Robert de Maxwell of Carlaverock. He rebuilt Carlaverock Castle. Herbert.
Letters of safe-conduct to England, etc., 1363-4-5. Died inter 1407-1413. John.
I 
IX. — Sir Herbert Maxwell of Carlaverock, mentioned in Botuli Scotice as a Knight, in
1407 ; appointed Steward of Annandale in 1409. He married Katherine, daughter
of Sir John Stewart of Dalswinton, in 1386. Died before 16th October 1421.

Agnes, married Robert
Pollok of Pollok.

X. — Sir Herbert Maxwell of Carlaverock. Was served heir ofhis
father on 16th October 1421. Created Lord Maxwell c. 1440.
He built the castle of Mearns. Married, first, a daughter of Herbert
Herries of Terregles ; and secondly, Katherine, daughter of Sir
William Seton of Seton. He died before 14th February 1453-4.

I
Aymer de Maxwell, called
brother of Herbert, 1424,
ancestor of the Maxwells
of Kirkconnell.

Margaret, married
Sir John de Mont
gomerie of Eglis-
hame.

XI. — Robert, second Lord Max
well. Served heir of his father,
4th February 1453. He mar
ried Janet Forrester. He died
in May 1485. I

Sir Edward of
Tinwald, obtained
Monreith in 1481-2.
Ancestor ofthe Max
wells of Monreith.

I
George, ances
tor of Maxwells
of Carnsalloch,
county of Dum
fries.

I 1 II
David. Adam, John
ancestor of and
Maxwells of William.
Southbar.

I I I
Katherine, by first wife;
Janet and
Makiot by
second wife.

XII. — John, third Lord Maxwell. Was Steward of Annandale. Had charter of baronies of
Maxwell, Carlaverock, and Mearns, 14th February 1477-78. He married Janet Crichton,
daughter of George Earl of Caithness, in 1454. Killed at the battle of Kirtle on 22d July 1 484.

Aymer, son of
Robert, second
Lord. 1473.

XIII.— John, fourth Lord Maxwell. Robert, James, Homer, John, Thomas, Herbert, Janet, mar-
He married Agnes, daughter of Sir ancestor ancestor ancestor Abbot of ancestor ancestor of riedWilliam,
Alexander Stewart of Garlies. of the of the of the Holywood. of Glenes- Hills and son of John,
Killed at Flodden, 9th September Maxwells Maxwells Maxwells Ian. Drum- first Lord
1513. I ofCowhill. ofCavens. ofPortrack. coltran. Carlyle.

I I I
XIV. — Robert, fifth Lord Maxwell. Was guardian Herbert, ancestor
ofthe West Marches in 1517 and 1540. In the of the Maxwells of
latter year he got from James V. a Charter of Clowdon.
Novodamus of the barony of Maxwell. Died 9th John Maxwell,
July 1546. He married, first, Janet Douglas of dean at Dundren-
Drumlanrig : issue ; and, second, Agnes, daughter nan.
of James Earl of Buchan : no issue.

Edward. A pri
soner at Solway in
1542.

I I 1 J
Mary, Lady Johnston.
Agnes, Lady Amisfield.
Elizabeth, Lady Apple-
girth.
Katherine, Lady Parton.

xlviii

THE MAXWELLS OP POLLOK AND AULDHOUSE.

XL— THOMAS MAXWELL [of Auldhouse], brother of
John Maxwell, seventh of Pollok. 1470-1500.

I
XII. — Thomas Maxwell, second
of Auldhouse. 1491-1526.
 I 

I
. ... Maxwell.
in 1491.

XIII. — John Maxwell, third of
Auldhouse. 1526-1546.

Thomas Maxwell.
1517.

Oswald Maxwell.
1523.

XIV. — John Maxwell, fourth of Auldhouse,
married Janet Dunlop. 1546-1578.

XV. — 1. John Maxwell,
fifth of Auldhouse. 1584-1620.

I
XV. — 2. Mr. George Maxwell, sixth
of Auldhouse. He married suc
cessively Janet Miller, J ane Mure,
and Janet Douglas. 1600-1648.

I
Patrick Maxwell,
Merchant burgess of
Glasgow. 1585. [His
descendants, p. 496.]

William
Maxwell. 1583.

EuPHAME,
Christian, Helen. 1585.

XVI. — Mr. John Maxwell,
seventh of Auldhouse, mar
ried Elizabeth Stewart.
1634-1666.

XVII. — Sir George Max
well, fourteenth of Pollok,
married Anabella Stewart.
1647-1677. I

Mr. William Maxwell, first
of SpringkeU. [SpringkeU
Branch, p. 438.]

J I I
George,
Alexander, Patrick.

Zacharias Maxwell of
Blawarthill. [Blawarthill
Branch, p. 429.]

James,
George.

I
Hugh Maxwell
of Dalswinton.
[Dalswinton
Branch, p. 451.]

II I I
John,
Walter, Thomas,
William.

Mil
Gabriel, David,
Robert,
A daughter.

I I I
Jean,
Grizel,
Elizabeth.

XVIII. 1. — Sir John William,
Maxwell, Lord Pol- George.
lok, married Marion
Stewart. 1677-1732.

I I I
Marion,
Anabella,
Margaret.

James
Maxwell, second of
Blawarthill. Died 1703,
s.p.

I
XVIII. 2. — John
Maxwell, third
Baronet, succeed
ed his cousin,
Lord Pollok.
1732-1752.

I I !
Jean,
Margaret, Grizel.

I I
Marion,
Elizabeth.

All married, as stated in
Memoirs, p. 433.

John Maxwell.
Died in infancy.

XIX. 1.— Sir John Max
well, fourth Baronet.
1752-1758.

I
George
Maxwell,
born 1729.
Died 1758.

XIX. 2. — Sir Walter
Maxwell, fifth Baronet,
married DArcy Bris
bane. 1758-1762.
 |

XIX. 3. — Sir James Max
well, seventh Baronet,
married Frances Col-
houn. 1762-1785.

U ' '
Marion,
Beatrix,
Annabella, Barbara.

Jean,
Barbara.

XX. 1.— Sir John Max
well, sixth Baronet.
Died in infancy.

XX. 2.— Sib John Max
well, eighth Baronet,
married Hannah Ann
Gardiner. 1785-1844.

Captain Robert Maxwell,
married Margaret Cuning
hame. Died 1796, s.p.

Frances Maxwell, mar
ried John Cuninghame of
Craigends. Died 1797.

Barbara Maxwell (Mi
Ewing). Died 1828, s.
Memoir, p. 418.

XXI. — Sir John Maxwell,
ninth and present Baronet,
married Lady Matilda
Harriet Bruce, who died
on 31st August 1857, s.p.

Harriet Anne Maxwell.
Died, unmarried, 1841.

I

Mary Maxwell. Died in Elizabeth Maxwell, marru
infancy. Archibald Stirling of Keir. Oi
son and two daughters.
William Stirling of Keir, M.

THE MAXWELLS OF POLLOK
1270-1647.
The Barony of Pollok, from which that branch of the Maxwell family which the barony
forms the subject of this work derives its territorial designation, is situated 0F P0LLOK-
about three miles south-west from Glasgow, in the parish of Pollok or East
wood, and in the county of Renfrew. The original name of the parish was
derived from the barony of Pollok;1 and this name continued to be used till
the fourteenth century, when it was changed to Eastwood, from the neighbour
ing manor of that name, but in later times, the original name of Pollok has been
resumed, and again applied to the parish and church.2
The name Pollok seems to be derived from the Celtic word Pol, which
signifies a pool formed by the sluggish water of a river. Such a pool there
was formerly in the river White Cart, where it flowed past the water- washed
rock upon which stand the remains of the old castle of Pollok ; and from this
pool, probably, the castle, church, and barony of Pollok all took their name.8
Pollok formed part of the extensive estates which were granted by King
David I. to Walter the High Steward about the year 1124. The grant of
David was confirmed by his grandson, King Malcolm IV., in 11 57-5 8.4 A
part of the lands of Pollok, forming the upper division, appears to have been
bestowed by the High Steward on Peter, son of Fulbert, who was one of his
followers, and whose immediate descendants adopted the territorial designa
tion of Pollok. They were vassals of the Steward, who continued to be the
superior of Upper Pollok. This superiority was acquired by Rolland de
Mearns, along with the barony of Mearns, and afterwards by the Maxwells of
Carlaverock, on their succeeding Rolland. The Polloks of Upper Pollok thus
i yol- i p. 121. [Chalmers' Caledonia, vol. iii. p.. 849.] The fair was
¦' The church of Pollok was dedicated to St. Conval, discontinued, and horse-races took its place on the last
who was the tutelar saint of Pollok. He was a disciple Friday and Saturday of May annually for about sixty
of St. Kentigern. A fair was held annually at Pollok on years previous to 1838.
the 18th of May, the festival of St. Conval; and after 3 Part ofthe barony of Ardnamurchan, in the county
the removal of the town of Pollok, the fair was held for • of Argyll, is called the five-penny land of Pollok.
some time at Pollokshaws, on the last Friday of May.- * Acts of Parliament of Scotland, vol. ,. p. 82.
VOL. I. A

2 THE MAXWELLS OF POLLOK, 1270-1647.
became vassals of the Maxwells as Lords of Mearns,1 and this vassalage
continued till the seventeenth century.2
The lower division of Pollok, commonly called Nether Pollok, was, about
the year 1270, given by Sir Aymer Maxwell of MaxweU, Carlaverock, and
Mearns, to his younger son, Sir John Maxwell, whose territorial designation
thenceforth became of Pollok, or of Nether Pollok, and whose lineal male
descendant is the present Sir John Maxwell of Pollok.
The upper and lower divisions of Pollok were intersected by the lands of
Darnley, which formed, for a considerable period, a separate estate of a
younger branch of the Stewart family, the ancestors of the unfortunate husband
of Queen Mary. This estate was acquired by the Maxwells of Pollok about
the middle of the last century, and has since then formed part of Pollok.
The lands of Nether Pollok were, in the year 1672, by charter under the
Great Seal of King Charles IL, disjoined from the barony of Mearns, of which
they formed part, and erected into the separate barony of Pollok.
The barony of Pollok lies to the north-east of the parish of Mearns,
and the general features of the two districts are much alike. There is the
same undulating surface, the same succession of gently-sloping hills and pleasant
valleys, intersected by streams, such as Auldhouse burn, which issues from the
Brother Loch already mentioned, Brock burn, which also rises in Mearns, and
the White Cart, which has its source in the Eagleshame Moors adjoining Mearns,
and by the time it reaches the Pollok estate, has become a considerable river.
The soil of the Pollok and Eastwood districts is richer than that of Mearns, and
the country better wooded ; and from the latter feature, doubtless, the name of
Eastwood was derived. A specimen of the wood, which, in days of old,
covered large portions of the district, was found, about fifty years ago, imbedded
1 Charter dated at Carlaverock in the year 1372, by copy at Pollok-Maxwell.] John Earl of Morton, Lord
Sir John Maxwell to John de Pollok, son and heir of Maxwell, as Baron of the barony of Mearns, and supe-
Robert de Pollok and Agnes Maxwell, daughter of Sir rior of the twenty-pound land of Over Pollok, lying in
John, of the lands of Pollok.— [Original charter quoted the said barony, as a tenandry thereof, holding of him by
by George Crawfurd in his History of Renfrewshire. service of ward and relief, granted a precept in or about
Edition 1782, p. 209, as at Upper Pollok.] Charter the year 1588, warning John Pollok, apparent of that
by Robert Lord Maxwell to Charles Pollok of that Ilk, Ilk, and his tenants, to remove themselves, that the su-
of the lands of Upper Pollok, i486.— [Ibid.] Charter perior might occupy the same hy reason of non-entry.—
by John Lord Maxwell, and Lord of Mearns, to John [Contemporary copy, ibid.] ; also Precept, vol. i. p. 294.
Pollok of the lands of Over Pollok. The vassal was to 2 The superiority was acquired by Robert Pollok of
pay to the superior a pair of gloves yearly : dated at the that Ilk from the Earl of Nithsdale about the year 1 650.
Place of Mearns 10th September 1508.— [Contemporary — [Crawford's Renfrewshire, Robertson's Edit., p. 291.]

THE CASTLES OF POLLOK. 3
in the river White Cart, opposite to the present gardens of Pollok. It was
the trunk of a large oak tree, measuring twenty feet in circumference. Part
of this tree being hollow, it was converted into a summer-house, and placed in
the pleasure-grounds at Pollok, where it still remains. Several persons may
easily be seated at the same time within these wooden walls.
The whole of this district has a general elevation from north to south,
terminating in the hills forming the high ground between the shires of Ayr and
Renfrew. The old divisions illustrate, in an interesting manner, the ancient
custom of distributing land, so that each proprietor should have his due pro
portion of arable and pasture, with the advantage of access to a river.
About the middle of the twelfth century, Peter of Polluc, son of Fulbert,
granted the church of Pollok to the monks of Paisley. The grant is not dated,
but, as it is witnessed and confirmed by Joceline Bishop of Glasgow, it must
have been made before the year 1199, when he died.1 This was probably the
church or chapel which stood at Upper Pollok, and which disappeared soon
after the Reformation.2 Peter of Polluc at the same time confirmed to the
monks of Paisley the church of Mearns, which had been granted to them by
his brother Helyas, who appears to have been a Churchman.3

OF
THE MAX
WELLS AT
POLLOK.

The earliest castle of Pollok was probably built by Sir John Maxwell when castles
he became proprietor of Pollok in the thirteenth century. On a rock formerly
washed by the river White Cart, which there formed a pool, as already mentioned,
still stands a rude wall, which, according to tradition, was part of the castle of
Sir John. Other portions of this castle which were standing in the beginning
of the present century, have been removed to make way for modern farm-offices.
The second castle of Pollok was erected on an eminence about 300 yards
to the north of the first castle, and about the same distance to the north-east of
the present mansion-house. It commanded an extensive view of the surround
ing country. Its walls have long since been levelled with the ground, and only
the foundations can now be traced. It continued to be a residence of the
Maxwells down to the middle of the sixteenth century, and possibly even later.
When George Crawfurd wrote his account of Renfrewshire in 1710, both the
> Registrum Monasterii de Passelet, pp. 98, 99. 3 Eegistrum Monasterii de Passelet, p. 98.
- Chalmers' Caledonia, Renfrewshire, p. 851.

4 THE MAXWELLS OF POLLOK, 1270-1647.
fosse and the drawbridge of this castle existed. The drawbridge was removed
before the year 1782, when Semple's edition of Crawfurd was published.
Another castle was built partly on the site and ruins of the original one,
or incorporated with the remains of it. This was probably built by Sir John
Maxwell of Pollok, and his wife Isabella Lindsay, who were married about the
year 1367, as their armorial bearings have been found in the ruins.1 In the
grant made in 1518 by Robert Maxwell, afterwards Bishop of Orkney, as war-
dator of Pollok, he mentions the garden, tower, and other houses built on that
side of the river Cart.2 During the minority of the next laird additions were
made to this Castle by the bishop, who was tutor for his nephew. The bishop
built the tower in the year 1536, as appears from the discharge of the con
tractors after the " ryggen stayne onpwtteyne."3 The Maxwells occupied at
the same time both the castle on the banks of the Cart, and that on the
eminence. This appears from the correspondence between the Earl of Glen-
cairn, who got a grant of Pollok, after Sir John Maxwell was outlawed for his
adherence to Queen Mary at the battle of Langside. On 26th May 1568, the
Earl wrote to John Maxwell, younger of Pollok, that the Regent Murray had
charged the house of Pollok to be dehvered to him ; that he had been ordained
to have all the weapons of the tenants of Mearns and Pollok laid in it ; that
the bearer would take an inventory of everything found in it ; and that he
would occupy the tower (or castle on the eminence), while the young laird and
his mother remained in the " laighe plaice," or the original castle, as restored
on the low grounds on the banks of the White Cart.4
This " laighe " castle continued to be one of the residences of the family
until the year 1747, when it was demolished by Sir John Maxwell the third
baronet, who succeeded his cousin, Lord Pollok. In that year Sir John began
to build the present mansion-house, and finished it in November 1752. He
did not long enjoy it, as he died on the 24th of December followino-.5
Soon after the year 1568, when the family had two castles, the one on the
hill, and the other on the low ground, the then young laird of Pollok began to
build a third habitation nearly two miles to the north-east of the other two.
1 These arms are described in the account of Sir John a Vol. i. p. 271.
Maxwell, pp. 13, 14, where there is also a drawing of 4 Vol. ii. p. 130.
them. 6 Two views of the mansion-house of Pollok are given
8 Vol. i. p. 237. at the Memoir of the present Baronet.

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HIS-WyF- BIGGET-THIS-HOWS *

INSCRIPTION above the door of H'A G G S CASTLE .

THE CASTLE OF HAGGS. 5
This was the castle of Haggs, in the parish of Govan, and locally in the haggs
county of Lanark, but by annexation in the county of Renfrew. The lands of CASTLE
Govan Schelis and Haggs were acquired by the Maxwells at an early period.
Sir John Maxwell, the eighth of Pollok, was proprietor of them in 1500.
The castle of Haggs was built in 1585, as an inscription over the principal
door shows, by Sir John Maxwell, twelfth Baron of Pollok, and his wife, Mar
garet Cuningham of Caprington. It was some time before it was completed,
as Sir John Maxwell, in writing to his father-in daw in 1587, says that his house
was near an end, wanting only the "reparraling" within, and that he was
ashamed it should stand like " ane twme kirne," being so nearly finished.1
As soon as it was finished, Sir John made it his principal residence, as appears
from the numerous letters dated from the " Haggis " in the end oi the sixteenth
century. In later times this castle became the residence of the dowager
Ladies of Pollok, and till the middle of last century seems to have been
a tolerably good house.2 After being in ruins for many years, Haggs Castle
has lately been repaired by Sir John Maxwell, and is now the residence of his
factor, Mr. Colledge. A view of it is here given.
Haggs Castle was not without its share of the political and religious
troubles between the Restoration and the Revolution. On the 6th November
1667, the Presbytery of Glasgow was informed that a conventicle had been
held in the Haggs, and the parties who had attended it were summoned to
appear before the Presbytery. John Logan, one of the accused, confessed that
he was present at the conventicle, but not only refused to take the oath and
state who preached, but further declared that he would not be a Judas to
delate any that were present. The sentence of Logan and his fellow-recusants
has not been recorded.3 It is also worthy of notice that the Reverend Alexander
Jameson, brother-in-law of Sir George Maxwell of Pollok, after his ejection
from the living of Govan, administered the sacrament at Haggs, assisted by
Mr. Hugh Smith, minister at Eastwood, and others, in the year 1675.4
Another ancient residence ofthe Maxwells is Auldhouse, of which a the mansion
short notice will be given in the account of the Auldhouse branch ofthe family,
where a drawing of the present mansion-house will be found.
' Vol. ii. p. 161. 2 Hamilton's Eenfrewshire, p. 29. * This was the year in which Mr Jameson died.
• New Statistical Acconnt of Govan Parish,™!, vi. 691. -Wodrow's Church History, vol. n. 318. Glasg., 1832.

HOUSE OK
AULDHOUSE.

6 THE MAXWELLS OF POLLOK, 1270-1647.
crookston There is a castle on the present Pollok estate, which, though not originally
castle. ^ pr0perty 0f the Maxwell family, may be noticed, from its historical import
ance. This is the old castle of Crookston. Robert Croc was a powerful vassal
of Walter, first High Steward of Scotland, and probably accompanied him from
Shropshire, where the name of Croc obtained. Robert Croc possessed the
lands of Neilston, Arden, and Old Crookston, which last obviously derived
their name from him. He witnessed the foundation charter of the monastery
of Paisley, and also many of the other charters granted to that house by
the Steward himself, and Alan, his son and successor.1 Robert Croc founded,
about the year 1175, an hospital on his estate for infirm men ; and built and
endowed a chapel for the celebration of divine service for the inmates of the
hospital. The hospital and chapel are supposed to have been situated on the
west side of Levern Water, between old Crookston and Neilston.2 With Sir
Thomas Croc, the direct male line of the Crocs seems to have failed about the
close of the thirteenth century. In a work of great research, it is said that
Neilston, Crookston, and Darnley passed by marriage into the Darnley branch
of the Stewarts.3 But this appears to be capable of correction. Neilston was
not acquired by the Stewarts of Darnley ; the Crocs do not appear as posses
sors of Darnley, while Crookston was acquired by the Stewarts by purchase,
and not by marriage.
By charter, dated at Tarbart, on 4th June 1330, Robert, the Steward of
Scotland, granted to his cousin, Sir Alan Stewart, the liberty to purchase from
Adam de Glasferth all his lands of Cruickisfee.* The purchase was soon com
pleted, as Sir Alan's son is styled Sir John Stewart, Lord of Crookston, 'Knight,
in a charter in his favour by Robert the High Steward, dated about the year
1346.5 Another charter was granted by the Steward to his cousin, Sir John
Stewart of Darnley, Knight, of his lands of Crooksfew, dated 10th January
1361.6 The resignation on which that charter proceeds was made at the habi
tation of Darnley.
The Stewarts of Darnley thus acquired Crookston by purchase from Glas-
1P»egist.MonasteriidePasselet,pp.6,12-15,17,18,etc. 3 Origincs Parochiales Scotia3, pp. 72-96.
2 Chalmers' Caledonia, vol. ii. p. 828. Immediately * Original Charter in the Lennox Charter-chest.
to the east of the castle, however, the high ground is 6 Ballincreiff Charters at Hopetoun.
called the Chapel-yard, which indicates its connexion » Original Charter in the Lennox Charter-chest.
with a chapel.

CROOKSTON CASTLE. w
forth, who appears to have obtained the Croc lands from the family of Anneslev
As proprietor of Crookfut, probably meant for Crookston, John de Anneslev
swore fealty to Edward I. He seems to have acquired Crookston directly from
the Crocs. J
From the Stewarts of Darnley and Crookston sprang the Lords Darnley
and the Earls and Dukes of Lennox. Charles Duke of Lennox sold Crookston
to James Marquis of Montrose, from whose descendant, Sir John Maxwell
fourth baronet of Pollok, purchased the lands of Crooksfie and Darnley, in the'
earldom and late regality of Darnley.1
No record has been found of the erection of the castle of Crookston, but
from the masonry and style of architecture it probably belongs to the thirteenth
century. The ancient castle consisted of a large quadrangle, with two lofty
towers, surmounted by battlements. The large square tower, which is the
oldest part of the structure, is still almost entire. It is fifty-four feet in
height, and lighted only by loop-holes, except in the upper storey, where there
are larger windows under the battlements. Sir John MaxweU has recently
restored several rooms in Crookston Castle.
The site of the castle is pleasant and picturesque. It is situated on a
beautifully wooded slope, about three miles to the south-east of Paisley, over
looking the water of Levern, a little above its junction with the river White
Cart. From a very early time it formed the principal messuage of the regality
of Darnley, and many charters were executed at Crookston.2 The celebrated
yew tree, called the Crookston Yew, stood on the east side of the castle, and
was of gigantic size.
The tree suffered so much from the ravages of curious depredators, who
carried away large portions of it, that the late Sir John Maxwell had it removed
about the year 1820. When Prince Leopold, now King of the Belgians, was
presented with the freedom of the city of Glasgow, the diploma was enclosed
in an ornamental box made from this celebrated yew.
1 Crookston and Darnley Writs at Pollok. The old On an old plan of the Darnley estate, there is a cross
castle of Darnley has long since heen removed. The marked at the march between " Maidland muir" and
foundations of it can, however, be traced on an eminence Cowglen, with this note : — " At this cross stone a.
adjoining to the present mill of Darnley. Darnley Castle fair was formerly kept once a year, and a horse-race
was not more than two miles to the south of Cruokston through the muir on St. Magdalen's day." — [Original
Castle, and after the Lords Darnley purchased the latter, Plan at Pollok.] The stone here referred to does not
the former was probably allowed to go to ruin. The late now exist at the spot marked on the plan.
Sir John Maxwell erected a cottage on Upper Darnley. 2 Nos. 31-34, 63, 88, and 100, all in vol. i.

8 THE MAXWELLS OF POLLOK, 1270-1647.
There is in Pollok House a remarkable memorial of the Crookston Yew.
This is a perfect model of the castle, made of the wood of the tree, representing
the structure with great exactness. The wood is cut into square pieces of
about an eighth of an inch in size to resemble stones. These are built
together with masonic precision, glue being used instead of mortar, and
every stone in the vast pile is faithfully represented. This work occupied
the self-taught genius, WiUiam Fin] ay, Pollokshaws, four years.
A representation of the ruins of Crookston Castle, with the jew tree, is here
given. The original was inscribed to Sir James MaxweU, grandfather of the
present Baronet, and it has been reproduced from a copy of the engraving, by
the process of photo-lithography, being the first instance of its successful
application in Edinburgh.1 A piece of the yew tree, about a foot in length,
on which Robert Burns the poet carved his name, when a young man, was cut
from the tree, and is preserved at Pollok. A drawing of it is here given.
1 Much popular error has crept into the history of biographies of Mary, and these make it impossible that
Queen Mary in connexion with Crookston Castle. Car- she and Darnley visited Crookston for any length of
donell alludes to the youthful courtship of Mary and time.
Darnley at Crookston : — " Here fame says that Mary It has also been said by various writers, that the silver
first resigned herself to the arms of Darnley, under a coin called the " Mary Ryal," was made specially to
large yew tree which still exists" (Numismata Scotiae, commemorate her marriage with Darnley, and that the
1786, pp. 17, 18). In the Castles of Queen Mary, by tree on one side represents the Crookston yew, and
Charles Mackie, London, 1850, it is said that Mary the mottos the advancement of Darnley by the mar-
was conducted to this mansion soon after her marriage riage. So perseveringly has this story been repeated,
with Darnley, and that there she enjoyed his society in that the coin is now generally known as the " Crook-
the sweetness of retirement, and that they often sat ston Dollar." Even the learned antiquaries of Edin-
under the branches of the famous yew tree. In allusion burgh have so described several specimens of this coin
to this visit the author quotes, p. 373, two lines, being in their Museum. The Act of 22d December 1565, order-
all that is preserved, of an ancient ballad : ing this coin, contains no reference to the Queen's
•¦ When Hary met Mary under this yew tree. marriage with Darnley, or to the Crookston yew. The
What Hary said to Mary, I'll not tell to thee. *ree> whicl1 is ordered hy the Act to be on one side,
is a palm tree. Several of these coins are still extant,
Both versions of this romance seem equally unfounded. and these all have a palm tree, not a yew tree with
Mary and Darnley could not have met at Crookston be- " ane schell paddoke creepand up the shank of the
fore their marriage ; and their visits to different places samyn." The learned Euddiman alludes to this story
after marriage have been carefully noted in the different which he fitly designates as " mera figmenta."

IIP

THE NAME OF ROBERT BURNS, THE POET,
CARVED BY HIMSELF ON THE CROOKSTON YEW.- APRIL 4k.h 1777.

V. — Sir John Maxwell, Knight, eirst of Pollok, 1270-1306.
Sir John MaxweU, second son of Sir Aymer, and brother of Sir Herbert,
Lord of Maxwell and Carlaverock, was provided by his father to the
estate of PoUok, from which he and his descendants were designated. It is
easy to conjecture why Sir Aymer thus provided his younger son to PoUok.
He had recently acquired the valuable barony of Mearns, but his older baronies
of Maxwell and Carlaverock, being situated near the English border, were
much exposed to hostUe attacks, and required all his energies for their protec
tion and defence, and he had little time to devote to the care of the distant
baronies of Mearns or of Pollok. He therefore wisely settled his second son in
PoUok very soon after its acquisition : that is, about the year 1270.
The Pollok branch thus early planted — the earliest offshoot from the parent
stem — became itself an independent tree, whence numerous branches have since
sprung, which are now flourishing both" in Scotland and in other countries. In
the course of little more than a century, it was enabled, by an aUiance with a
member of the royal house of Stewart, to provide large estates to a second son,
who became the founder of the baronial family of Calderwood.
At a later period, when the misfortunes of the parent line of the Lords
Maxwell had reduced them from their former affluence, the position of the
PoUok branch was such that its representative was solicited by the leading
members of the famUy to relieve the estate of its burdens, and to assume, on
the death of , the then chief, his place as head of the house of MaxweU.1
A race which has been so long established as the Pollok MaxweU family,
and several of the representatives of which have held positions of promi
nence and distinction, seems worthy of having its descent recorded. It is
the object of these Memoirs to trace this descent through the seventeen suc
cessive generations which have existed between the first Baron of Pollok and
his present representative, who is the twenty-first in descent from Undwyn,
father of Maccus. We, therefore, commence these Memoirs of the PoUok line,
in continuation of the four generations of the main line already given, with
the younger son of the fourth generation, who was Sir John Maxwell, first
Baron of Pollok. Sir John Maxwell and his brother Alexander witnessed a
1 Vol. ii. p. 193.
VOL. I.

10 SIR ROBERT MAXWELL, SECOND OF POLLOK, 1306-1330.
charter by their eldest brother, Herbert MaxweU, to the church of Saint James
and Saint Mirrin of Paisley, of lands in Mearns, about the year 1300, in
which they are designated brothers of Herbert.1 As Lord of Pollok (lower),
Sir John MaxweU also witnessed another charter, about the same year, by
Herbert MaxweU, his brother, to the parish church of Merness, of six merks
of an annual-rent from the mills of Merness.2 It has not been ascertained
whom Sir John married. Sir John's son and successor was,
VI. — Sir Eobert Maxwell, Knight, second of Pollok, 1306-1330,
Who obtained from King Eobert the Bruce a charter of the lands of Lyoncroce
or Lyandcross. The charter has not been preserved ; but it is described in an
old writ at PoUok as foUows : — Ane chartour grantit be King Eobert the
Bruce to Sir Eobert MaxweU of Pollock, Knycht, off the lands of Lyanderoce,
daittit the tent zeir of his reigne.3 These lands are in the parish of NeUston,
and county of Eenfrew. The greater portion of them now belongs to Sir Hew
Crawford Pollok of Pollok, and are held of the Earl of Eglinton and Winton,
who is the superior, as Lord of erection of the temporal lordship of KUwinning.
These lands bear the name of Maxwell's Lyoncroce, to distinguish them from
the Upper and Nether Lyoncroces. Sir Eobert was succeeded by his son,
VII. — Sir John Maxwell, Knight, third of Pollok, 1330-1360,
Who first appears on record in the reign of David II. (1329-1371).
During that reign he made a grant to the abbacy of Kilwinning of the
lands of Lyandcross, which his father received from King Eobert the Bruce,
and also of the lands of Skaimmerland. This grant was confirmed by King
Eobert II. in the fourth year of his reign, that is, in 1374 or 13 75,4 and again
by King Eobert III. between the years 1390 and 1406.5 The grant, and
these two confirmations of it, are thus stated in the old Pollok writ before
mentioned :— In the dayes of King David the Bruce, Sir John Maxwell of
PoUock, Knycht, sone and air to the said Sir Eobert MaxweU, mortifies to Ihe
abbacie of Kilwinning and Beathe the saidis landis of Lyanderoce and Skrym-
1 Vol. i. p. 126. Robert was named after Robert the Bruce, and that he
" Ibid. p. 127. fought for him at the Battle of Bannockburn.
3 Antiquity of the House of Pollok. [Original at 4 Antiquity of the House of Pollok, supra.
PoUok.] There is a tradition in the family that Sir » Robertson's Index to Charters, p. 144, 34.

SIR JOHN MAXWELL, THIRD OF POLLOK, 1330-1360. 11
mirland, and quhilk mortification is confirmit be King Eobert the Second the
fourt zeir of his reigne.1 The original charters here referred to are not now
to be found in the Pollok charter-chest ; but it is presumed that they had
been known to the writer of this early notice of them, since he quotes them so
speciaUy ; and his statement of the terms of the charters is corroborated by
the notice of the second charter of confirmation in Eobertson's Index. The
above description of the charters shows that Sir Eobert and Sir John Maxwell
were father and son. The lands of Lyoncroce and Skaimmerland continued
the property of the Abbot of KUwinning till the Eeformation, when they were
annexed to the Crown, as part of the possessions of that religious house, by the
general Act of Annexation. By charter, dated 17th May 1592, King James VI.
granted to Mr. WiUiam MelviUe, Commendator of Kilwinning, the Manor of
Kilwinning, of old caUed the Monastery or Abbacy, and various lands and
baronies, including "Lyanderoce" and " Skirrumlands." These lands were
afterwards acquired by Alexander sixth Earl of Eglinton, as a part of the tem
poral lordship of Kilwinning. They have descended from him, under the same
description, or nearly so, in the intermediate titles to the present Earl, who,
as already mentioned, is superior of Lyoncroce. Sir John died about the year
1360, and was succeeded by his son,
VIII. — Sir John Maxwell, Knight, fourth of Pollok, 1360-1405 ;
Isabella Lindsay, his first wife, 1369-1388 ; and
Elizabeth St. Michael, heiress of Quhitchester, second wife, 1399.
This Baron of PoUok added considerably to the territorial possessions of the
family by an alliance in marriage with a lady closely related to the royal
family, which brought him considerable wealth and influ
ence. The lady was Isabella Lindsay, daughter of Sir
James de Lindsay, Lord of Crawford, and his wife,
^gidia Stewart, daughter of Walter, High Steward of
Scotland.2 They were married about the year 1367 or
1368, as appears from various charters granted to them, and
other evidence. About the year 1366, Sir John Maxwell had a charter from
i Antiquity of the House of Pollok, supra. tion, p. 186 ; Crawfurd's History of the Royal Family
- Crawfurd's HiBtory of Renfrewshire, Semple's Edi- of Stewart, p. 25.

12 SIR JOHN MAXWELL, FOURTH OF POLLOK, 1360-1405.
Eobert Earl of Stratherne, afterwards King Eobert IL, and Euphemia Eoss, his
spouse, of the east half of the lands of Bardralle, Badclynhath, and Glenframedy,
in Perthshire, which seems to have been granted to him previously to his mar
riage, and in aU probability preparatory to it.1 Isabella Lindsay is not men
tioned in this charter, and it may be inferred that she was not then married to
Sir John. The next charter notice of Sir John is in the year 1366, when, with
Hugh de Eglyntoun of that Ilk, and others, he witnesses a charter by Eobert,
Steward of Scotland, Earl of Stratherne, and John, his eldest son, to the Abbot
and convent of Paisley of the lands of Sanakar, Camceskane, Dowlargis, Cow-
dane, Stafflaur, and Hormysdale, aU which had been granted to them by the
late Eeginald More ;2 and, of course, from the nature of the transaction, no
notice of Isabella was to be expected in this writ. But some years after, on
10th May 1372, David Stewart, son of Eobert, who became Earl of Stratherne
on his father's accession to the throne, granted a charter of confirmation of
the lands of Bardralle and others above mentioned to Sir John Maxwell,
Knight, and IsabeUa, his spouse, who is therein styled the dearest cousin of
the granter.3 On 9th March of the same year (1372), King Eobert II.
granted a charter to Sir John and IsabeUa of the lands of Akinheacl, in
Lanarkshire, and, at the same time, another of the lands of Lyandcross, in
the same county, in both of which he styles IsabeUa his dearest niece.4 And
on 24th AprU 1374, King Eobert again confirmed to them the lands of
Bardrall and others, when he designates Isabella his beloved niece.5 James
Lindsay, Isabella's brother, is a witness both to the charter of 10th May
1372, and to that of 24th AprU 1374 ; and in the latter, he is styled nephew
by King Eobert.
Sir John Maxwell and Isabella Lindsay had other charters granted to them
about the same time, which assist in fixing the date of their marriage, and
otherwise Ulustrate their histories. John Stewart, Earl of Carrick and Lord of
Kilbrydeschyre, afterwards King Eobert III., granted them a charter on the
resignation of Sir John Maxwell, on 12th July 1369.6 About the year 1371,
1 Vol. i. p. 130. A facsimile of this charter is in- ° Inventory of charters, etc., at Pollok, 1824 (No. 1),
eluded in the present work. p. 1. This writ forms one of the title-deeds ofthe
2 Registrum Monasterii de Passelet, p. 31. lands of Headhouse and Murray, parish of Kilbride.
'¦' Vol. i. p. 131. The lands were purchased hy Eobert Hamilton of Tor-
* Eeg. Mag. Sig. pp. 100, 103 ; Nos. 23, 44. rauce, and the title-deeds were delivered to him by Sir
6 Vol. i. p. 132. John Maxwell of Pollok, on 13th May 1611. Ibid.

SIR JOHN MAXWELL, FOURTH OF POLLOK, 1360-1405. 13
or 1372, James de Lindsay granted a charter to Sir John MaxweU of the lands
of Hawkshaws, Glenovir, and Fynglen, in Peeblesshire.1 And on 4th March
1371, Eobert Maxwell, Lord of Mernnes, granted to Sir John MaxweU a charter
of the lands of Dryppys, in the barony of KUbrydeschire, and county of Lanark,
to be held by him and his spouse IsabeUa, and their heirs, in which he desig
nates Sir John Maxwell as a noble man his cousin (nobili viro ac consanguineo
nostro). Eobert Maxwell reserved to himself and his heirs the mount nearest
to the village of Dryppys, on the top of which a certain stone was erected,
for the purpose of holding courts thereon, as often as it might be necessary
to prosecute the inhabitants of these lands, for injuries committed against
himself and his heirs only.2 This stone is still standing. On 6th June 1377,
King Eobert II. granted to Sir John Maxwell and Isabella a charter of
all the lands in the new forest of Galloway which had belonged to his dearest
nephew, Sir James de Lindsay, Knight, and which he had resigned, and in
this charter also he styles Isabella his dearest niece.3
These charters bring the date of the marriage of Sir John MaxweU and
Isabella Lindsay within a very narrow compass. They show that it was im
probable the marriage could have taken place before the year 1366, and they
render it certain that they were married not later than 12th July 1369. This
date of the marriage harmonizes with the age traditionaUy assigned to their
heroic son John, at the Battle of Otterburn, in 1388. His mother, however,
did not Uve to witness the triumphs of her gallant son. The battle in which
he so gloriously earned his spurs was fought in July 1388 f and Isabella died
before the preceding month of May, as appears from a charter by Sir John
Maxwell, dated on the 6 th of that month, in which she is designated as his
late spouse.5
i Robertson's Index, p. 1 14, 24. changeably with Isabelle in the fourteenth century), and
2 Vol i p 129. her husband, Sir Henry, of lands in Fermartyne, 1390-
3 Re<^ Mag Sig p 131 No. 21. 1397. —Aberdeenshire Collections, Spalding Club,
' FroTssart's Chronicles, 'vol. ii. p. 369. P- 500." As Isabella Lindsay died before 6th May 1388,
s Vol i p 133 Lord Lindsay, in his Lives of the according to the charter above quoted, she could not
Lindsays vol i p. 51, note, judges that Isabella was have been married between 1390 and 1397 to Sir Henry
married to Sir John Maxwell in 1372 or 1373 ; but tbe Preston. Isabella Lindsay was survived by her hus-
charters above quoted show that they were married be- band, Sir John Maxwell, who married, secondly the
fore 12th July 1369. Lord Lindsay adds, " Isabelle after- heiress of Whitchester, in Roxburghshire. Sir Henry
wards married Sir Henry Preston, as proved by a charter Preston's wife was Elizabeth Lindsay, obviously a sister
of Sir James, the second of Crawford, to his ' dilecte of Isabella. _
sorori Domine Elizabethe' (a name often used inter- The description of the armorial bearings of Sir John

1.4 SIR JOHN MAXWELL, FOURTH OF POLLOK, 1360-1405.
On the 15th May 1390, Sir John granted a charter to his second son, Eobert
Maxwell, of the lands of Jackstoun, to be held by him and the heirs of his body ;
whom failing, by the heirs-male of his brother Sir John. To that charter Sir
John the younger is a witness, under the designation of Sir John de Maxwell,
Knight, son of the granter. William de Maxwell is also a witness, who, although
he is not so designated, was probably the younger brother of Eobert, and after
wards Laird of Aikenhead.1 Sir John, the father, witnesses a charter of confir
mation, by Duncan Earl of Levenax, to John Kennedy, who appears to have
been a son-in-law of Sir John MaxweU, of a donation by Sir Gilbert Kennedy,
Knight, Lord of Dunure, of the lands of Buchmonyn in the earldom of Lennox,
dated 28th October 1393.2 About this time, too, Sir John resigned the lands
of Schithun, in Aberdeenshire, in favour of John Ogstoun, who thereupon ob
tained a charter from King Eobert III.3
WhUe Sir John was resigning lands in the north, he was acquiring others
in the south. About the year 1399, he married, as his second wife, Elizabeth,
daughter and heiress of St. Michael of Quhitchestre in Eoxburghshire, and with
her obtained these lands. A charter was granted on 6th May 1399, by Archi
bald Earl of Douglas on the resignation of Elizabeth, in her pure widowhood,
to whom the lands had formerly belonged, and bears that they were to be held
by Sir John and her, and the heirs of their bodies ; whom failing, by her heirs
whomsoever.* Of this marriage there was no issue, and the estate of Quhit
chestre did not continue with the Maxwell famUy, but passed to that of the
Scotts of Buccleuch. One of the minor titles of the Duke of Buccleuch is Lord
Scott of Whitchester. Ann Duchess of Buccleuch and Monmouth caUed her
eldest grandson Lord Whitchester, saying it sounded better than Lord Scott.5
Maxwell and Isabella Lindsay is thus accurately given them." — [Lives of the Lindsays, vol. i. p. 51 note.")
by Lord Lindsay :— " Four isolated shields, of the A drawing of these arms is given in the present
fourteenth century, taken from the ancient castle, now work. The Abernethy lion was at one time much more
in ruins, have been inserted by Sir John Maxwell of distinct than at present. The lion-supporters were
Pollock, the present representative of Isabelle, in the probably adopted by Sir John Maxwell through his
walls of the stables at Pollock. The first represents the connexion with the Lindsays, who also took the lions
arms of Maxwell, the second the fesse-chequee of Lind- for supporters.
say, the third the lion of Abernethy, and the fourth the 1 y0]_ ;_ __ ^gg
garbs of Cumyn, the feudal arms of Buchan. probably 2 n * 1 ¦ j t
jj j 1 1 • v. a u t v 11 • 1 Cartulanum de Levenax, p. 45.
added here, as having been assumed by Isabella s bro- _ *
ther, Sir James of Crawford and Buchan. In those , Robertson s Index, p. 138, 22.
days families exhibited the arms of their different 1- P- ^1,
alliances in separate shields, instead of quartering 6 Original Letter at Melville.

ARMS OF SIR JOHN MAXWELL AND ISABELLA LINDSAY
AT POLLOK.

LINDSAY ARMS, 1631 .

SIR JOHN MAXWELL, FOURTH OF POLLOK, 1360-1405. 15
Sir John MaxweU divided his large estates between his eldest and second
sons, Sir John and Eobert. By indenture, dated at Dumbarton on the 18th day
of December 1400, it was agreed between Sir John the father and his second son
Eobert, on the one part, and Sir John the eldest son, on the other part, that
Sir John the son should have the lands of PoUok and Carnwadrick, Castlebar,
Mathewbar, and Dykebar, in Eenfrewshire, and Murray and Headhouse in
Lanarkshire, and that Eobert should have Dripps, Jacktoun, AUartoun, New-
lands, Calderwood, GreenhiUs, the two Aikenheads, and the overlordship of a
quarter of Thornton in Lanarkshire, and Hawkshawlands, Finglen, and Carter-
hop in Tweedmuir.1 This indenture is a very formal and carefuUy prepared
document, and is an exceUent specimen of an early legal writ in the Scotch
language. Consequent on this indenture Sir John granted to his son Eobert
a charter of the lands of Calderwood on 4th May 1401 ;2 and another of the
lands of Little Akynhead about the same time.3 He does not appear again
on record, and must have died before 6th June 1414, as in a charter of that
date by Euphemia Countess of Stratherne he is mentioned as deceased.4 Sir
John had by his first wife, IsabeUa Lindsay, tliree sons and two daughters : —
1. Sir John who succeeded him.
2. Eobert of Calderwood. An account of the Calderwood branch will be found in a subsequent
part ol* this work.
3. William of Aikenhead. A short account of the Aikenhead branch will also be found in a
subsequent part of this work.
4. Janet, married to Thomas Murray of Culbyne. They had a charter from King Eobert III.
(between 1390 and 1406), of " ane pleugh" of Sandford, the lands of Flask, the milne of
Semell, the passage and fishing of Semell, in the barony of Nauhame, and lordship of New
toun, and the lands of Badfod, all in Aberdeenshire.5
5. Agnes married, before 1384, Sir Gilbert Kennedy of Dunure. Their eldest son was Sir James
Kennedy of Dunure, who married in 1 405 the Princess Mary, daughter of King Eobert III.,
relict of 'George first Earl of Angus. Their third son was James Kennedy, the distinguished
Bishop of St. Andrews in 1440. The eldest son of Sir James Kennedy, and the Princess
Mary, was created Lord Kennedy, and was ancestor of the Marquis of Ailsa.6
In the testament of Sir Eobert MaxweU of Calderwood, dated 7th Sep
tember 1420, there is a legacy of three silver tassies to his sister, the Lady of
1 Vol. i. p- 139. 3 Ibid- p- 144. reasons -are given (by Mr. John Riddell) for Agnes
¦i rDi(i p. 143. 4 Ibid. p. 134. Maxwell having been a daughter of Sir John Maxwell
' Robertson's Index, p. 144, 40. of Pollok, and not of his second son Sir Robert Maxwell
6 Historical Account of the Noble Family of Kennedy, of Calderwood, as stated in previous accounts of the
printed at Edinburgh, 1849, pp. 13, 14, 16, 17, where family of Kennedy.

16 SIR JOHN MAXWELL, FIFTH OF POLLOK, 1405-1429.
Seer (Domine de Seer).1 Neither of his two sisters, Janet and Agnes, can be
identified under that designation ; and the Lady Seer may have been a third
sister, of whom no other notice has been found.

IX. — Sir John Maxwell, Knight, fifth of Pollok, 1405-1429,
Succeeded his father in the PoUok estates about the year 1405. Long before
that period he had distinguished himself in arms, and won knightly fame at the
Battle of Otterburn. In the year 1388, the Scottish nobles resolved to make
an incursion into England. James the great Earl of Douglas was chosen as
leader, and four or five thousand select soldiers were devoted to the enterprise.
John Earl of Moray, who was married to Marjory Stewart, eldest daughter of
King Eobert IL, was second in command to Douglas, and Sir James Lindsay
of Crawford, uncle of Sir John Maxwell, held a high rank in the expedition.
With these illustrious kinsmen Sir John joined the invading force, and served
in the company of the Earl of Moray. Douglas penetrated unperceived the
mountainous frontier of England, suddenly descended on the rich country
near Newcastle-on-Tyne, loaded his army with plunder, and was on his way
back to Scotland with his booty, when he was pursued by Sir Ealph and Sir
Henry Percy, the sons of his great antagonist and rival in renown, Percy,
Earl of Northumberland. The armies met on the 31st July 1388 near Otter-
burn, about twenty miles from the Scottish border. The encounter was des
perate and bloody, and many feU on both sides. On the side of the Scotch
the great Earl of Douglas was amongst the slain. On the side of the EngUsh
many men of rank perished ; and Sir Harry and Sir Ealph Percy, sons of the
Earl of Northumberland, were both taken prisoners ; the former by Sir John
Montgomerie of Eagleshame, and the latter by the youthful John Maxwell, heir-
apparent of Pollok. After mentioning the fall of the Earl of Douglas, the histo
rian Froissart adds : — Almost a simUar accident befel Sir Ealph Percy as that
which happened to the Earl of Douglas, for, having advanced too far, he was
surrounded by the enemy and severely wounded, and being out of breath, sur
rendered himself to a Scots knight caUed Sir John Maxwell, who was under the
command and of the household of the Earl of Moray. When made prisoner,
1 Vol. i. p. 152.

SIR JOHN MAXWELL, FIFTH OF POLLOK, 1405-1429. 17
the knight asked him who he was, for it was dark, and he knew him not. Sir
Ealph was so weakened by loss of blood, which was flowing from his wound,
that he could scarcely avow himself to be Sir Ealph Percy. "Well, Sir
Ealph," replied Sir John, " rescued or not, you are my prisoner. My name is
MaxweU." " I agree to it," said Sir Ealph ; " but pay some attention to me,
for I am so desperately wounded that my drawers and greaves are full of
blood." Upon this MaxweU was very attentive to him, when suddenly hearing
the cry of Moray hard by, and perceiving the Earl's banner advancing to him,
Sir John addressed himself to the Earl of Moray, and said, " My Lord, I pre
sent you with Sir Ealph Percy as a prisoner, but let good care be taken of him,
for he is very badly wounded." " The Earl," the historian adds, " was much
pleased at this, and repUed, ' Maxwell, thou hast weU earned thy spurs this
day/"1 For this distinguished service he was immediately knighted, and was
ever afterwards designated Sir John Maxwell, knight.2 His father, Sir John,
whom some have erroneously supposed to be the hero of Otterburn, had been
knighted long previously.3
Sir John, the son, further appears on record as heir -apparent of his father
in various writs connected with the family estates previous to his succession
about 1405. Thus, in the charter granted by his father to his brother, Eobert,
ofthe lands of Jackston, on 15th May 1390, faUing sons of Eobert, the lands
were provided to the heirs of his brother, Sir John ; 4 and the same provision
is made in the charter of the same lands to Eobert by James Stewart, Lord of
KUbride, on 2 5th January 1394. FaUing the heirs-male of Eobert, it was settled
that the lands were to be inherited by Sir John MaxweU, knight, son and heir
of Sir John MaxweU of PoUok.5 And by the indenture of 18th December
1400, Sir John, the son and heir of Sir John MaxweU, was provided, as we have
seen, with the lands of Pollok and Carnwaderick, Castlebar, Matthewbar, and
Dykebar, in Eenfrewshire, and Murray and Headhouse in Lanarkshire, as his divi
sion of the estates.6 Sir John is said to have married a daughter of his neigh
bour Montgomerie of Eagleshame. But of this there is no evidence : and it
is remarkable that whUe Sir John was so conspicuous in early life, and con
nected through his mother with the royal family, and the noble house of Lind-
1 Froissart's Chronicles, Johne's translation, vol. ii. " Vol. i. p. 129. " Vol. i. p. 135.
p. 369. 2 Vol. i. pp. 135, 136. * Vol. i. p. 135. 6 Vol. i. p. 139.
VOL. I. C

18 THOMAS MAXWELL, SIXTH OF POLLOK, 1429-1450.
say, so httle is known of him in his more mature years. Very Uttle trace of
him is to be found after the battle of Otterburn. He died before 2 2d Novem
ber 1429, at which date Thomas Maxwell was Lord of PoUok.
X. — Thomas Maxwell, sixth of Pollok, 1429-1450,
Was in possession of PoUok on 2 2d November 1429, as appears from a decree
of the Chamberlain of Scotland in the action between the burghs of Eenfrew
and. Dunbarton, concerning their boundaries, in which he was one of the
assize, under the designation of Thomas Maxwell, Lord of Nether PoUok.1
The fact of his succeeding to the estate of PoUok, which had been settled on
the heirs of Sir John in 1400, shows that he was his nearest heir, and most
probably his son, according to the period of time at which he succeeded. The
only other notice of him is in the year 1441. Thomas MaxweU of PoUok
had a grant of the lands of Little Akinhead from John MaxweU of Calder
wood shortly before, or early in the year 1441, but in consequence of some
dispute between them, the particulars of which have not been handed down
to us, the grant was reduced by a decree of the Lords Auditors of ParUa-
ment on 1st June of that year. An instrument, in name of King James II. ,
which narrates this decree, dated 3d June 1441, is printed in this volume.2
Thomas MaxweU died before 6th February 1452, on which date John MaxweU,
his son, was Laird of PoUok. Thomas MaxweU had two sons, —
1. John, who succeeded to Pollok.
2. Thomas Maxwell, father of Thomas Maxwell, who was Laird of Auldhouse in 1520, and
whose descendant, Sir George Maxwell of Auldhouse, succeeded, in 1647, to Pollok, and
carried on the line of the family, .as shown in a subsequent section of these memoirs.
XI. — John Maxwell, seventh of Pollok, 1450-1487.
John Maxwell succeeded his father, Thomas MaxweU of PoUok, about
the year 1450. He first appears on record on 6th February 1452, on which
date an indenture was made at Carlaverock between Herbert Lord Maxwell,
and John MaxweU of PoUok, concerning the holding of the lands of Pollok.
Lord MaxweU thereby agreed to give to John Maxwell of PoUok heritable
1 Description of Renfrewshire, etc., by William Hamilton of Wishaw, printed for the Maitlaud Club 1831
pp. 283, 284. - Vol. i. p. 163.

JOHN MAXWELL, SEVENTH OF POLLOK, 1450-1487. 19
possession of the lands of Nether Pollok, according to the old charter thereof
granted by his Lordship's predecessors ; or, in case of its not being found, to
grant a new charter in simUar terms ; and, on the other hand, John Maxwell
of PoUok was to be " man" to his Lordship, and maintain and support him in
aU his concerns against all " erdly men," his allegiance to his Majesty alone ex
cepted.1 John MaxweU of PoUok next appears as a witness to the infeftment,
on 10th September 1456, by Sir Eobert Sempill, Lord of EUotston, knight, as
Sheriff of Eenfrew, of Sir John Stewart, Lord Darnley, in the lands of Henryston.2
John Maxwell of PoUok subsequently, on 19th July 1468, witnesses an
instrument of resignation by Katherine of Setoun, Lady of Darnley and Max
well, in favour of Eobert Lord MaxweU, of the lands of Hazeldean and others.3
Again, on 20th November 1471, John Lord Darnley granted at Darnley
an obUgation to John Maxwell of PoUok, whereby his Lordship became bound
to counsel and assist him and his "bairns" in all their concerns, to set to him
in liferent the lands of Glanderston, and to quitclaim him of aU obligations
made to his Lordship ; and, on 8th July 1476, he obtained a transumpt of that
obligation under the hand of the official of Glasgow.4
The last notice of this Baron of Pollok is on the 17th January 1487, when
he and his son Hugh MaxweU resigned into the hands of Patrick Leych, Official
General of Glasgow, the half of the lands of Easter Henryston, in the barony
and shire of Eenfrew ; and also aU charters and other writs concerning the
same made to the said resigners by John Earl of Lennox, Lord Darnley,
whereupon John Sempill of Fulwood, as assignee of the Earl, took instruments,
in presence of John Eaylston of that ilk, and other witnesses.5
John MaxweU of PoUok is presumed to have died soon after the year
1487. The name of his wife has not been ascertained. He had three sons
and one daughter, viz. : —
1. John, who succeeded him in Pollok.
2. Hugh Maxwell, who along with his father, John Maxwell, resigned, on the 4th of January 1487,
the easter half of the lands of Henryston, as already mentioned. When the feud be
tween the neighbouring families of the Maxwells of Pollok and the Mures of Caldwell was
i y0]_ j, p. 169. Johanne Logan domino de Rass, et Patricio domino de
2 Original sasine in Blantyre Charter-chest. The wit- Quhitfurd, armigeris.
nesses to this infeftment are : Nobilibus viris, domino 8 Vol. i. p. 182. 4 Vol. i. p. 184.
Johanne Royss domino de Haukhed, domino Vilelmo 6 Original Instrument of Resignation in Blantyre
Sympill militibus, Johanne Maxwell domino de Pollok, Charter-chest.

20 JOHN MAXWELL, EIGHTH OF POLLOK, 1487-1510.
at its height, in the year 1500, Hugh and his nephew, the young Laird of Pollok, committed
forethought felonies on Hector Mure, son of the Laird of Caldwell, in the village of Een
frew. For this and all other crimes and offences committed against the Laird of Caldwell in
times past, a remission was granted by King James IV. in favour of Hugh Maxwell and
his nephew, John Maxwell, son and heir-apparent of the Laird of Pollok, dated 21st
January 1500.1 This is the last notice found of Hugh Maxwell.
3. Malcolm Maxwell, who is a witness to several charters between the years 1504 and 1512.
In particular, he witnessed the following :— Charter by John Maxwell of Pollok to Alex
ander Lindsay of Corsbasket and Eupham Maxwell, his spouse, dated 20th January 1504 ;2
Charter by Mathew Earl of Lennox, to John Muir of Altonburn and Elizabeth Stewart, his
spouse, of the lands of Allhallow Chapel, dated 21st December 1506, in which Malcolm
is styled brother-german ofthe Laird of Pollok;3 Charter of Confirmation by the same
Earl of Lennox to John AVhiteford and Egidia Park, his spouse, of the lands of HiUfield,
dated 21st July 1512.* No later notice has been found of Malcolm Maxwell.
4. Marion Maxwell, who was contracted in marriage to Eobert Eoss of Tarbet in 1462.5
XIL — John Maxwell, eighth of Pollok, 1487-1510,
Elizabeth Stewart, his wife, 1495-1540.
He succeeded his father in Pollok about the year 1490. He is a witness
to a charter by John Earl of Lennox, in favour of Sir John Montgomerie of
Heighthead, of the lands of Pottarton and
Deaconsbank, dated 16th AprU 1 49 3, 6 and to
an obligation by the same Earl, on the same
date, to maintain Sir John Montgomerie in
these lands.7 It appears from a notarial in
strument of cassation, dated 14th May 1494,
that John Lord Maxwell, as superior of the lands of Pollok, annuUed a sasine
given by himself to this John Maxwell, of these lands, because of irregularity in
the direction and serving of the brieve by the sheriff, and in the deliverance of
the assize. Lord MaxweU broke a wooden dish or platter (" discum ligneum
fregit") on the lands, and at the principal mansion, according to the practice in
similar cases.8 On the 20th of April 1495, John Lord MaxweU and this Laird
entered into an agreement concerning the tenure of the lands of Pollok.9 And
1 Vol. i. p. 219. 8 Original Instrument of Sasine among Coilsfield
Writs, Bundle I., No. 2, at Eglinton.
2 Original charter delivered to Robert Hamilton of 4 Vol. i. p. 229.
Torrance, 13th May 1611, as part of the writs of the 5 Note of contract at Hawkhead.
lands of Murray and Headhouse.— [Pollok Inventory, ° Vol. i. p. 203. s Vol. i. p. 206.
1824, p. 2, No. 2. (2).] 7 Vol. i. p. 205. s Vol. i. p. 209.

JOHN MAXWELL, EIGHTH OF POLLOK, 1487-1510. 21
on the 3d of November the same year, he had a charter of the lands of PoUok
from Lord MaxweU,1 and was infeft on the 6th of the same month.2 He had
also a grant of the ward and relief of PoUok from Lord MaxweU.3
This Laird having married a daughter of John first Earl of Lennox, the
Earl made over to him the lands of Wester Henryston, which adjoin the estate
of Pollok, and in which he was infeft in July 1495. 4 He did not long retain
these lands, having, on 3d August 1503, granted a charter of them to John
Lord SempiU, who was infeft on the 30th of the same month.5 On the 26th
October foUowing, Lord Sempill granted to John MaxweU a letter of rever
sion, binding himself to renounce the lands when the price was repaid.6 And
on the 17th October 1505, John Maxwell of Pollok, for a certain sum of
money, renounced, in favour of Lord Sempill, the right of reversion.7 Before
the feudal title in favour of Lord SempiU was completed, the Laird of PoUok
died. His great-granddaughter, Elizabeth MaxweU, who was heiress of
PoUok, made up a title to the lands of Wester Henryston, and on the 26th
February 1555, Queen Mary granted, a precept for infefting her as heiress to
her great-grandfather. The lands continued in the possession of EUzabeth
Maxwell and her husband for nearly forty years, when she and her son sold
them to Walter Stewart first Lord Blantyre, then Commendator of Blantyre,
by charters dated in 1594 and 1595, which were confirmed by the Crown on
26th June 1595.8 As the representative of the Commendator, Lord Blantyre
is now the proprietor of the lands of Henryston.
On the 19th May 1503, John MaxweU was appointed by Lord Sempill as
one of his procurators for resigning the lands of Craigrossy into the hands of
King James IV., for a re-grant of the same to Eobert Archbishop of Glasgow.9
On 18 th May 1504, John MaxweU had a letter of reversion ofthe twenty shil
ling lands of the Park of Nether PoUok from John Stewart of Ardgowan.10 On
the 28th August following, he obtained a tack of the four merk lands of Govan
Shiels from Eobert Archbishop of Glasgow ;n and on the 20th January of the
same year, he granted a charter of the lands of Headhouse to Alexander Lind-
1 Vol. i. p. 211. s Vol. i. p. 215. " Original charters, etc., ibid.
2 Vol. i. p. 214. _ * Vol. i. p. 210. 9 Registrum Episcopatus Glasguensis, p. 504.
•' Original charter and sasine in Blantyre Charter-chest.
6 n • • 1 • -Z.-J 10 Vol. i. p. 223.
° Original reversion, ibid. ?
7 Original instruments of renunciation, ibid. " Vol. i. p. 225.

22 JOHN MAXWELL, EIGHTH OF POLLOK, 1487-1510.
say of Corsbasket, and his wife, Eupham MaxweU.1 John MaxweU of PoUok
died before the 9th September 1513, as appears from the retour of his great-
granddaughter, in which it is stated that he died in the reign of King James IV.,
and it is matter of history that that sovereign feU at the battle of Flodden on
9th September 15 13.2 This Laird of PoUok married Elizabeth Stewart, daugh
ter of John first Earl of Lennox, of the house of Darnley. EUzabeth Stewart,
Lady MaxweU of Pollok, survived her husband for a considerable time. She
liferented the lands of East Shiels of Govan and Govan Haggs, and on the
10th December 1527, she consented to her son, George MaxweU of Cowglen,
and his son and heir, John Maxwell, being rentaUed in these lands, instead of
Eobert MaxweU, Bishop of Orkney, who had resigned them in favour of these
parties, being his brother and nephew.3 EUzabeth Stewart died about the year
1540. John MaxweU of PoUok and Elizabeth Stewart had four sons, viz. : —
1. John, who succeeded to Pollok.
2. Eobert, who became Bishop of Orkney. A short memoir of him will be found after the
charters in this volume.
3. George, of Cowglen. A short notice of whom will also be found after the charters.
4. William, who was generally designated of Carnwaderick, then a separate property, but now
part of the Pollok estate. He granted an obligation in favour of his brother, George
Maxwell of Cowglen, on the 23d October 1527, binding himself not to uplift any of
the duties of the lands of Pottarton, Hillfield, and Deaconsbank, so long as he was not
troubled in the possession of Carnwaderick and Pollokhaugh.4 This William Maxwell is
named as the next heir-male after his brother, the Bishop of Orkney, in the destination of
the Pollok estate which was made on the occasion of the marriage of his nephew, John
Maxwell, with Elizabeth, the heiress of Pollok. On the 27th August 1536, John and
Elizabeth Maxwell of Pollok granted a charter to William Maxwell of the lands of Carn
waderick, in liferent, and to him and his spouse, Janet Cathcart, of the lands of Pollok-
haugh, in fee.5 It appears from an instrument dated 17th July 1539, that certain
occupiers therein named, of "maylings" called Govan Shiels, each gave over his mayling,
with a piece of tree, as use is, to William Maxwell, as bailie of his mother, Dame Elizabeth
Stewart, Lady of Pollok, tenant of Govan Shiels, to my Lord of Glasgow.6 On the 23d
March 1540, and the 26th March 1541, William Maxwell, along with Walter Maxwell of
Aikenhead, delivered to the Laird of Pollok certain furnishings which had belonged to the
Bishop of Orkney.? William died before 13th July 1542, on which date Janet Cathcart,
as his relict, and their three children, John, Eobert, and Isabel, received a lease of Carn
waderick from John and Elizabeth Maxwell of Pollok.8
1 Original charter delivered to Robert Hamilton of rator, to be afterwards quoted, it is stated that he " de-
Torrance, 13th May 1611. — [Inventory of Writs at cessit lang befor the feyld of Flowden."
Pollok in 1824, p. 2.] » Vol. i. p. 253. i Vol. i. p. 254. ' 6 Vol. i. p. 276.
2 Vol. i. p. 293. In a note on a summons of decla- » Original Instrument at Pollok.
' Vol. i. p. 283. » Copy lease at Pollok.

JOHN MAXWELL, NINTH OF POLLOK, 1510-1517. 23
Janet Cathcart married secondly, with consent of John Maxwell of Pollok, John Eoberton of
Jirnock. She continued to possess Carnwaderick and Pollokhaugh till 18th January 1565
when she and her son John Maxwell resigned all claim to these lands to Sir John and
Elizabeth Maxwell for the sum of 400 merks, and their right to Over Cowglen * To this
resignation Eobert Maxwell, brother of John, is a witness.
XIII. — John Maxwell, ninth of Pollok, 1510-1517 ;
Margaret Blair, his wife, 1494.
John MaxweU, eldest son of John Maxwell of Pollok and EUzabeth
Stewart, succeeded his father about the year 1510. As aheady mentioned, this
Laird and his uncle Hugh MaxweU committed forethought felonies on Hector
Mure, son of the Laird of CaldweU, at the time when the feud between the two
families was at the worst. On 21st January 1500, John MaxweU, son and
heir-apparent of John Maxwell of PoUok, and Hugh MaxweU, brother-german
to the Laird of PoUok, obtained a remission from King James IV. for these
crimes.3 This was not the last encounter between the Maxwells and the Mures.
Soon after this remission, John Mure of CaldweU was criminally indicted for
the great oppression clone to John Maxwell of PoUok for sixteen years ; and
specially for having attacked him near the burgh of Irvine, with intention to
slay him, when he was riding on his lawful business, attended by a single ser
vant, and having carried him to Eglinton Castle, of which Mure and his accom
plices had charge for the time. MaxweU was there forcibly detained by them
from two o'clock afternoon until ten o'clock on the foUowing morning, when
he was reUeved by the Earl of Eglinton, who gave him protection in his
Castle of Ardrossan.4
This Laird of Pollok married Margaret daughter of John Blair of that
Ilk, before 6th October 1494, on which date they were infeft in four merks
of land on the south side of PoUok, and also in the five-merk lands of Dykebar,
Mathewbar, and Castlebar.5 He did not long enjoy the famUy estates, having
died in May 1517, as appears from a summons of declarator of non-entry of the
lands of Murrays and Headhouse, against his granddaughter Elizabeth Maxwell
and others, dated 17th May 1550. The summons bears that the lands had
1 Copy consent at Pollok. - Extract contract at Pollok. 3 Vol. i. p. 219.
4 Contemporary copy indictment at Pollok. 5 Vol. 1. p. 208.

24 JOHN MAXWELL, TENTH OF POLLOK, 1517-1523.
been in non-entry since the death of John MaxweU of PoUok, " grandschir" of
EUzabeth Maxwell, the defender, who died in May 1517, or for the space of
thirty-three years or thereby.1 Owing to the shortness of the period during
which this John MaxweU possessed the estate of PoUok, little more is known
of his personal history than what has now been stated, and that by Margaret
Blair he left two sons and one daughter : —
1. John, who succeeded to Pollok.
2. " Thomas Maxwell, Alius domini de Pollok,'' who was entered in Glasgow University, 9th
July 1523. 2 It is probable that he died young and unmarried, as he is not among the
male heirs named in the charter of the estate of Pollok made on the occasion of the mar
riage of John Maxwell of Cowglen with his cousin Elizabeth Maxwell, heiress of Pollok,
dated 15th August 1536.3
3. Katherine Maxwell. Her uncle, George Maxwell of Cowglen, by his will, dated 30th August
1522, left her a legacy of one hundred merks to her marriage.4 She married in June
1515, John Fullarton of that Ilk and of Corsbie, in the county of Ayr, when she got a charter
of part of his estate for her life. On 23d February 1534, John Hamilton of Camskeith,
executor of the late John Fullarton of Corsbie, and Katherine Maxwell his spouse, granted
a discharge for £40, to Eobert Bishop of Orkney, in part of a larger sum.6 John Fullar
ton died in 1528, leaving by her a son John, who carried on the line of that ancient family.
XIV. — John Maxwell, tenth of Pollok, 1517-1523 ;
Elizabeth Houston, his wife, 1518-1530.
John, son of John MaxweU and Margaret Blair, succeeded to the estate of
PoUok in the year 1517, in his minority; and his uncle Eobert, then rector of
Tarbolton, afterwards Bishop of Orkney, acted as his tutor and guardian, and
as such obtained the ward of the estate of PoUok.
While yet a minor, this laird married Elizabeth Houston, daughter of
Patrick Houston of that Ilk, and his wife, Janet Cuninghame.6 As wardator
of the lands of Pollok, his uncle, Eobert MaxweU, on the 30th October 1518,
1 Original Summons at Pollok. This summons was 2 Munimenta Universitatis Glasguensis, vol. ii. p. 148.
prepared by the law-agent of the Superior of the lands
in non-entry, and he fell into a mistake in reference to ' 1- ^'
the last person entered, who was the great-grandfather 4 Vol. i. p. 251.
of Elizabeth, the heiress, and died before the year 1513. s n • • i -r>. , , t* „ . T ¦. t. ., . ,
r, ,, '. ,,, ' ., ,i , . . ' Original Discharge at Pollok. Lord Pollok has in-
On the margin of the summons, opposite the date of j„™„j „ *f j- i ^ * , , ,- , ., • *,n
„ ,.„ ,, . t ¦ t * j dorsed on this discharge that he believed this £40 was
May 1517, there is a note in a contemporary hand, ¦ • . . .,,-.?,.
w 4i.t*i. * Aetx. rw v. ii ,u -1 given in tocher with Katherine.
stating that tbe great-grandfather of lihzabeth " decessit
lang befor the feyld of Flowden, and wes maryit on e Memorandum dated 1602, at Pollok. Crawfurd's
Elezebeth Stewart." Renfrewshire, Semple's Edit., pp. 104, 187.

ELIZABETH MAXWELL, HEIRESS OF POLLOK, 1523-1592. 25
granted to him, a minor in years, and to Elizabeth Houston, his spouse,
the £5 lands of Pollok, with garden, tower, and other houses built on that
side of the river Cart, on condition that if John should predecease Elizabeth,
she should have a third of the same for her lifetime.1 In the following year,
John Maxwell, with consent of his uncle and curator, sold to John Weir, son
and apparent heir of John Weir of the Weichtshaw, and Margaret Carlile, his
spouse, the easter quarter of the Shaws, and obtained from them a letter of
reversion of the same, for payment of 100 merks, dated 23d December 1519.
It is stated in a memorandum prepared in or about the year 1567, that John
MaxweU of PoUok died in the " hynder end" of April, or the beginning of May
1522 ;3 but this appears to be a mistake for 1523, as he was alive on 24th
August 1522, and on that date received from the Eegent Albany a gift of the
" taxt" of PoUok.4 According to the memorandum just mentioned, Elizabeth
MaxweU, only daughter and heiress of this laird, was forty-five years of age
"cum lentrene" following May 1567, and must therefore have been born in
1523, about the time that her father died.
Elizabeth Houston survived her husband, and married secondly, David
Cuninghame of Bartonholm, before 7th December 1525, when she agreed to
renounce her terce, as relict of John MaxweU of Pollok, upon receiving from
George MaxweU of Cowglen the sum of three hundred merks in lieu thereof.5
She survived her second husband also, and married thirdly, Kirk
patrick, by whom she had a son, Eichard, and a daughter, Elizabeth Kirkpatrick.6
John Maxwell was succeeded in 1523 by his only lawful chUd,
XV.— Elizabeth Maxwell, heiress of Pollok, 1523-1592.
XIV.— Sir John Maxwell of Cowglen, her husband, 1524-1577.
EUzabeth Maxwell, daughter of John Maxwell and EUzabeth Houston,
was born in the year 1 52 3, 7 and succeeded to her father in the estate of PoUok
in the same or in the following year. Her great-uncle George MaxweU of
Cowglen, who was the heir-male of the famUy, obtained from the Crown, in
1 Vol i p 237 s Notar>al c0Py of contract at P°uok-
2 yol* j' :,' 240* " Edinburgh Commissariot Records, 25th March
s Original in the Blantyre Charter-chest. 1594.
* Vol i p 250 ' Original Memorandum in Blantyre Charter-chest.
VOL. I.

26 ELIZABETH MAXWELL, HEIRESS OF POLLOK, 1523-1592.
1524, a gift of her marriage. As soon as his own son was of age to be mar
ried, George Maxwell arranged to unite the two lines of the family by the
marriage of his son and the heiress. This arrange
ment appears to have given satisfaction to the friends
of the family. As John MaxweU and the heiress were
related in the second and third degrees of consan
guinity, they could not be married without a Papal
dispensation. The venerable Bishop of Orkney, who
was guardian to Elizabeth's father, and had long taken a
warm interest in the affairs of the family, now used his
influence to promote this marriage, and on 27th February 1534, entered into
a contract for securing the requisite dispensation.1 A declaratory bull was
issued at Eome on the 15th April 1535, and the dispensation .was finaUy
granted at Glasgow on the 31st August of the same year.2 John resided in
the parish of Dunbarton, and Elizabeth in the parish of Pollok or Eastwood, and
this rendered necessary the publication of their banns in each of these parishes.
The banns were three times pubUcly proclaimed in the respective churches
of these parishes on proper days, and with the requisite interval between each
proclamation, as particularly stated in the two certificates of proclamation dated
13th and 15th January 1535.3 It is to be presumed that the marriage took
place soon after these proclamations, although the heiress could not have been
more than thirteen years of age at the time, having been born in 1523, as
already shown. Her husband was about a year younger, having been forty-
three years of age on 20th May 1567. He had thus been born in 1524, and
at the time of his marriage was scarcely twelve years of age. The Blantyre
Memorandum, however, from which these dates are taken, may not be strictly
accurate, as it is not a contemporary document.
On the 9th August 1536, Eobert fifth Lord Maxwell granted a precept of
dare constat for infefting EUzabeth MaxweU in the lands of PoUok and Carn
waderick, as heir of her father John ; and two days thereafter sasine was given
to her at the principal mansion of PoUok.4
On the 14th of the same month, Elizabeth Maxwell of Pollok, and John
MaxweU of Cowglen, her spouse, made resignation of the lands of Nether Pollok,
1 Vol. i. p. 264. * Vol. i. p. 265. •" Vol. i. p. 269. * Original instrument of sasine at Pollok.

SIR JOHN MAXWELL OF POLLOK, 1524-1577. 27
with the castle, fortalice, manor place, gardens, etc., of the same, including the
Mains of Nether Pollok, PoUokshaws, with the mill of the same, and also the
viUage of Polloktoun, and park, and Pollokhaugh, with the lands of Carn
waderick, all in the barony of Eenfrew. This resignation was made at Edin
burgh, in the house of Eobert Maxwell, Bishop of Orkney, in the hands of
Eobert fifth Lord Maxwell, the Superior, for new infeftment to be given by
him in favour of the granters and the heirs-male of their bodies ; whom faUing,
to Eobert, brother of John, and the heirs-male of his body ; whom faUing, to
Eobert Bishop of Orkney, and after his decease, to William Maxwell of Carn
waderick, his brother, and the heUs-male of his body ; and aU of whom faUing,
to the lawful heirs-male of the said John whomsoever, bearing the name and
arms of MaxweU.1 On the following day, Lord Maxwell granted a charter in
terms of the resignation.2 This is a very important destination, as showing the
heirs-male of the direct Pollok line who were then in existence. On the 27th of
the same month, John and Elizabeth granted to their uncle WiUiam a charter
of the lands of Carnwaderick, and to him and Janet Cathcart, his wife, a charter
of the lands of PoUokhaugh.3 This charter bears to be made for the favour
which WiUiam had shown in reference to the marriage of the granters, and for
his resigning the lands of Govan Shiels and Haggs.
Soon after his marriage, John Maxwell of Pollok was summoned by King
James V. to wait upon him on his arrival from France with his young Queen,
Magdalene, eldest daughter of King Francis I. His Majesty's missive is dated
8th February 1536, and requests " Oure weU belouit freind of Netherpook" to
be ready with his friends and servants, both horse and foot, and in their best
accoutrements, to repair to Edinburgh to receive their Majesties.4
The venerable Bishop of Orkney, who had for many years been the kind
adviser of the young lairds of PoUok, died between the 24th of October and
the 24th of December 1540,5 and on his death considerable trouble arose with
regard to the disposal and custody of some of his effects. His silver
plate was committed to the charge of his nephew, the Laird of Pollok, to be
kept by him for behoof of the heirs of the bishop ; and in a simUar manner,
part of his furniture was delivered to the Laird by Walter MaxweU of Aiken-
1 Original instrument of resignation at Pollok. s Vol. i. p. 276.
2 Vol. i. p- 273. This charter was confirmed by Crown * Vol. i. p. 278.
charter, dated 15th May 1585. [Original at PoUok.] s Vol. i. pp. 280, 281.

28 ELIZABETH MAXWELL, HEIRESS OF POLLOK, 1523-1592.
head, one of the executors. The Laird granted an obligation for the safe
custody and re-delivery of the plate, and in October 1541, was put to no little
trouble regarding the redemption of two silver cups which had passed into the
hands of Adam Colquhoun, official of Glasgow.1
The public services which tliis Laird was caUed upon to perform afford
evidence both of his integrity and abUity. He was keeper of the Castle of
Glasgow before the year 1544 ; he delivered the keys to Gavin Dunbar, Arch
bishop of Glasgow, on 11th May of that year ;2 and at the same time he received
a discharge from Matthew Earl of Lennox for the gear and goods which were
in the castle at his entry as keeper.3 Queen Mary, by commission dated 10th
January 1557, appointed John Maxwell of Pollok Justiciar within the bounds
of the lands and the lordship of Bothwell, belonging to Lady Margaret Max
well, relict of Archibald Earl of Angus. The special object of this commission
was the apprehension and punishment of two thieves, John Crokcat and John
Ottirburn ; and for this object the Laird had full power to hold courts, appoint
deputies and officers, and all others necessary.4
This Laird's business was not limited to the management of his own
estates. He was the confidential correspondent of many persons of eminence.
The earhest letter printed in the foUowing coUection, is from Margaret Countess
of Angus (c. 1550), asking the Laird of PoUok to treat with the parson of
Douglas anent the teinds of certain lands, and assuring him that he might in
return command her whenever she had it in her power to do him favour.5
Janet Lady Darnley wrote to him about the year 1560, thanking him for an
offer of assistance, and stating that she would apply to him, in her emer
gency, in preference to any one else.6 Lady Beatrix Douglas, Lady MaxweU,
who had the liferent of Mearns after the death of her husband, Eobert sixth
Lord Maxwell, intrusted the management of that barony to the Laird of
Pollok. John MaxweU, Lord Herries, had great regard for him, and confi
dence in his integrity and prudence. He left the complaints of the tenants of
Mearns to be dealt with at the Laird's discretion ; and further, in speaking of
the wUfulness of his nephew, his Lordship adds, " I desyre yow to send him
your counsel, if you may nocht travel yourself ;" thus clearly hinting that, if
1 Vol. i. pp. 281-284. ''¦ Vol. i. p. 285. * Original commission at Pollok.
J Vol. i. p. 286. 5 VoLii. p. 125. 6 Vol. ii. p. 127.

SIR JOHN MAXWELL OF POLLOK, 1524-1577. 29
the Laird's counsel faUed, he had little hopes of anything reclaiming his
brother's wayward son.1
In the year 1553, a competition arose between this laird and his neigh
bour, John Pollok of Upper Pollok, for the bailiery of the Lordship of Mearns,
to which they both made claim. In prosecution of his claim, the Laird of
Upper Pollok did not confine his efforts to the civil courts, but he, along with
Eobert Lord Sempill, Sheriff-Principal of Eenfrewshire, and others, made a
serious assault on John MaxweU of PoUok. The letters of complaint bear that
these parties crueUy set upon him when he was passing to the Castle of Mearns,
and hurt and wounded him in various parts of his body, wherethrough there
was unkindUness standing betwixt Lord SempUl and him. This assault is
narrated in letters raised at the instance of the aggrieved Laird of Pollok on
18th July 1553 against the parties, to discharge the said Sheriff from judging
in the civU suit raised between the lairds, on account of the partiality of Lord
SempUl to the Laird of Upper Pollok, as his lady was daughter to Gabriel
Sempill of Cathcart, who was " brother bairn with Lord SempiU," and who
would not faU to take plain part with his relative against the complainer the
Laird of PoUok.2
The competing baUies, with the view of enforcing their rights, summoned
the tenants of the barony to their courts, and fined them for non-compearance.
Such a state of matters could not long continue. After several attempts to
settle the claims by a reference to neutral arbiters, the case came before the
Supreme Civil Court A decree was pronounced by the Lords of CouncU on
19th April 1554. They found that John MaxweU of Pollok had right to the
office, and discharged the Laird of Upper PoUok from attempting to exercise
it. He founded his right upon a letter of bailiery by Eobert Lord Maxwell,
dated 29th November 1545. John Maxwell of PoUok offered to prove that
the aUeged letter was false and fenzeit, and the decreet bears that he " Imprevit
the samen sufficienthe" to the satisfaction of the Lords.3
This decision seems to have settled the feud as to the bailiery of Mearns
and the neighbouring lairds became reconciled. In the year following the
decreet, Eobert Lord Sempill, as Sheriff of Eenfrew, by lease dated 17th April
1555, set to his well-beloved John Maxwell of Pollok, all the waith goods of
i Vol. ii. p. 131. ** Original letters of charge at Pollok. 3 Original decreet at Pollok.

30 ELIZABETH MAXWELL, HEIRESS OF POLLOK, 1523-1592.
nolt, sheep, horse, staigs, stirks, and others, " gangand waith maisterlis unchal-
langit" within the bounds of the muir of Mearns and the lands of Nether
PoUok belonging to him by reason of his office of Sheriff, with power to seek
and dispone the same.1
Sir John MaxweU's correspondence with George Heriot, goldsmith, Edin
burgh, the father of George Heriot who founded the Hospital which bears his
name, is worthy of notice. Two letters from George Heriot, senior, written
about the year 1570, are good specimens of the quaint style ofthe cautious
tradesman, whilst they at the same time show the care and prudence of his
equally cautious customer. Sir John wanted a " hyngair," and was offered one
for two crowns and a half, which he deemed too expensive. George Heriot
thereafter wrote to him, assuring him upon his " honaistie" that he had sold
the said hyngair for three crowns, and sending him another hyngair, which
was " at ane word thre crounis." 2
This Laird of Pollok was a warm supporter of the unfortunate Mary
Queen of Scots, and adhered to her cause to the last. In the year 1546, her
Majesty, with advice of James Earl of Arran, Eegent, granted to John MaxweU
of PoUok the ward and nonentry of the lands of Nether Pollok, then in her
hands by the death of Eobert Lord Maxwell.3 And next year the Eegent's
favour was shown to him, by the issuing, on the 10th March 1547, of a warrant
to stop aU proceedings instituted against this Laird for absenting himself from
the raid convened " at the Senchar in Nythisdale," for resisting of our " auld
innemyis of Ingland."4 The Queen also, on 6th September 1550, granted
license to the Laird to proceed to France with his chief, Eobert sixth Lord
MaxweU, and to remain there as long as they pleased, for transacting of certain
business for the Queen, and for the weal of her and Scotland ; and her Majesty
took their estates into her protection during their absence. The Laird was
also in favour with Mary Queen Dowager, and her Majesty, when Eegent
of Scotland, wrote to him on 7th February 1559, desiring him to concur
with the Earl of Eglinton, and other loyal subjects, in checking and keep
ing under the rebels who had then risen against their sovereign's autho
rity.5 On the 4th March of the same year (1559), James Duke of Chatel-
herault, Earl of Arran, and other confederated Lords, wrote to the Laird
1 Original lease at Pollok. 2 Vol. ii. pp. 138, 139. 3 Vol. i. p. 290. * Vol. i. p. 291. 5 Vol. ii. p. 1.

SIR JOHN MAXWELL OF POLLOK, 1524-1577. 31
requesting him to join them at Glasgow next day, for the transaction of urgent
business, which could not be done without his presence, and which he would
know when he went -f and again, on the 23d of the same month, asking him
to come to Glasgow on the 26th, as he had been prevented from doing so on
the 20th, by reason of the "browlye" that the French had made in these parts;
and requesting that both he and his kin and friends should appear equipped
in their best, with thirty days' provisions, to pass forward and meet their
friends of England, and assist them in expelling the French, who were then
oppressing the lieges of the country.2 In the following year, the Laird had a
still more important commission from the Eegent. Lord SempiU having, for
various acts of oppression and other offences, been denounced rebel, shut him
self up in his Castle of SempiU, and was defying the lawful authorities. The
Eegent resolved to send his son to reduce Castle SempiU, and wrote to John
Maxwell of PoUok on 25th September 1560, to meet the Eegent's son at Glas
gow on the last of the month, with aU his friends and servants, " bodin in fear
of weir," and prepared to remain with him for fourteen days.3 Again, in the
year 1567, Sir John was speciaUy called upon to take part in the enterprise
entered upon by the Earls of Atholl, Morton, Glencaim, Mar, and others, for
discovering the murderers of Darnley, and freeing Queen Mary from the slan
ders heaped upon her on account of her marriage with the Earl of BothweU.4
The Queen, on her escape from Lochleven Castle in May 1568, and when
rallying her forces at HamUton for her last struggle in Scotland, wrote to Sir
John to join her standard with his followers, and excuses the brevity of her
letter to him on this occasion, because, as she says, she knew his constancy.5
Nor was her confidence misplaced, for Sir John at once obeyed the caU, and
the last battle for Mary took place near his own Castle of PoUok, on the Ul-
fated field of Langside. But the Eegent Murray was victorious ; and Sir John
only retired from her standard when her cause was irretrievably lost.6
Sir John's fidehty to Queen Mary brought him into trouble with the
' Vol. ii. p. 21. 3 Vol. ii. p. 22. the spot. Queen Mary viewed the battle from the Court-
2 Vol. ii. p. 22. * Vol. ii. p. 23. hill, near the old Castle of Cathcart; and on the loss
5 Vol. ii. p. 1. of the battle, she was conducted into Galloway by an-
G There is a tradition that King James VI. was other Maxwell, John Lord Herries. Tbe late General
brought to a hill having a view of Langside, to animate Sir George Cathcart erected a stone on the spot where
the troops of the Regent Murray. This hill is on the the Queen stood. There is engraved on the stone a
Pollok estate, and a solitary hawthorn is said to mark crown, with the letters M.R., and the dale 1568.

32 ELIZABETH MAXWELL, HEIRESS OF POLLOK, 1523-1592.
Eegent Murray and the adherents of the young King. His estate of PoUok
was escheated to the Crown, and given to Alexander Earl of Glencairn, which
led to a breach between the Earl and the Laird, who had hitherto been warm
friends.1 Writing to the Laird on 23d June 1568, the Earl teUs him that he
had done aU for him that he could with the Eegent, and that most willingly
as for a " neir" friend ; that he had gotten his name withdrawn from the sum
mons of forfeiture, and that his summons to underly the law he had retained
in his hands " unexecute ;" and that in return he wished to know what security
he would give the authorities for his future obedience, and what return he
would make to the Earl himseU, who had his escheat whenever it should faU.2
The Laird, however, did not give the satisfaction required, and his escheat was
formaUy granted to the Earl on the 10th August 1568.3 On the 9th of Sep
tember foUowing, Sir John obtained a remission from his Majesty for appear
ing in arms against him at the battle of Langside.4 But though Sir John was
restored to favour with his Majesty, the breach between him and the Earl of
Glencairn was not yet repaired. The Earl sent his son, the Master of Glen
cairn, to the mansion-house and lands of Pollok, to intromit with Sir John's
moveable property in virtue of the gift of the escheat. Certain of the Lords
of the Privy-Council used their influence on behalf of Sir John with Lord
Glencairn, but he, notwithstandmg, adhered to his purpose ; and the result was,
that on the 27th August 1569, letters under the signet were issued for en
forcing the gift of the escheat to the Earl.
After much negotiation, and payment of a sum of money, Sir John in the
following month of September arranged with the Earl about the gift, and ob
tained possession of the estate of Pollok. The Laird was made a Knight before
14th AprU 1567.5
Sir John, in his old age, continued to take a lively interest in the wel
fare of his friends and relatives, whether rich or poor. In January 1575, on
the death of the son of his natural sister Janet, he secured the rights of the
boy's sister, who survived him, but was being deprived of a half merk land
in Govan by her uncle, Mr. Gibson.6 And as almost the last act of his life,
he became caution for John Lord MaxweU, who was confined in the Castle
1 Vol. i. pp. 300, 302. a Vol. i. p. 300. s Reversion by Sir John Maxwell, Knight, at Pollok.
* Vol. ii. p. 132. 4 Vol. i. p. 303. « Vol. ii. p. 140.

SIR JOHN MAXWELL OF POLLOK, 1524-1577. 33
of Blackness, and only aUowed liberty to move two mUes around it, on proper
security being found that he should not make his escape. His Lordship's letter,
asking this favour, and " nocht douting bot he would do him the plesour," is dated
1st August 1577,1 and Sir John died on the 20th February thereafter. Sir John
Maxwell, by his will, which is dated the 19th of February 1577, nominated his
wife, Elizabeth MaxweU, and his sons George and WiUiam, his only executors.2
Elizabeth MaxweU of PoUok survived her husband fifteen years, and died
on the 17th of February 1592. By her wUl, which was made at PoUok on the
15th of that month, she nominated her son Patrick her only executor. She
left to Eupham Maxwell, her oy, 250 merks, with " ane kist of aik, with ane
furneist fedder bed, and ane goun of chamlot." To Jane MaxweU, another oy,
she left a similar legacy, and to Jonet Maxwell, daughter of John MaxweU in
Cowglen, she left £20, to be given to her at her marriage. She also left to
Helen MaxweU, daughter of the late Eobert MaxweU of Damschot, the sum of
£10, and to Jonet MaxweU, daughter of the late George MaxweU, £20, and to
Gabriel MaxweU, her oy, she left 100 merks. George MaxweU of Auldhouse
is one of the witnesses to her wiU.3 Sir John and Elizabeth Maxwell had six
sons, —
1. John, who succeeded to Pollok.
2. George, who is called the second son of Sir John, in a contract dated 13th November 1577.*
George is a witness to a procuratory by his father, for recovering an annualrent from the
tenants of the lands of Corsbasket, dated 21st January 1573.5 On 30th January 1578,
he and his brother William, and their mother, the Lady Nether Pollok, were cited to
answer for withholding the family evidents and heirship goods from their brother Sir John.6
On the 25th May 1580, George disponed to his brother William his right to the half merk
land of Meikle Govan in the Tewcherhill quarter. ** And on the 16th September of the same
year, he raised letters of inhibition against Janet Gibson, daughter of the late John Gibson,
and her mother Janet Maxwell, to prevent them selling the said half merk land of Little
Govan.8 This Janet Maxwell was the paternal aunt of George, being, as already shown, a
natural sister of his father, Sir John. George Maxwell was designed son liberal of the late
Sir John MaxweU of Pollok, in the instrument of infeftment given by him to his brother Mr.
Walter on 19th October 1580, as aftermentioned.9 George Maxwell, being about to undergo
a surgical operation, made his will on 1st May 1581, by which he constituted his brother
i y0i ii. p. 142. 5 Original procuratory at Pollok.
2 Commissariot of Edinburgh Testaments, vol. vi., 6 Original precept, ibid.
19th August 1578. ' Original disposition, ibid.
3 Commissariot of Edinburgh Testaments, vol. xxvi., „ 0rigiDal letters 0f inhibition at Pollok.
25lh March 1594 » Original at Pollok.
1 Original at Pollok. 5 E
VOL. I.

34 ELIZABETH MAXWELL, HEIRESS OF POLLOK, 1523-1592.
William his only executor. The operation, if performed, appears to have been unsuccess
ful, as George died on the 28th of August following, unmarried. *-
3. William of Cowglen, born about the year 1553, as appears from a deposition in 1613, in which
he states that he is of the age of sixty years.2 On the 8th June 1583, he received a
charter from Hugh Wallace of Carnell of an annual rent of twenty merks from the lands of
Whitelees, in Ayrshire, in which he is designated brother-german of John Maxwell of Pollok,
knight.3 On the 5th November 1584, William Maxwell, on behalf of his mother, Eliza
beth Maxwell, Lady Pollok, entered into a contract with John Gardner, whereby the latter
resigned his lease of a half merk of the lands of Headhouse, in the parish of Kilbride, be
cause he was poor and unable to cultivate them.4 William is named by his brother, Sir
John Maxwell of Pollok, as one of the friends whose approbation Margaret and Agnes
Maxwell, the daughters of Sir John, must obtain, before receiving 3000 merks each on their
marriage, in terms of an obligation by their father, dated 12th May 1591. 5 On the 24th
of July 1595, William and his wife, Jean Maxwell, were rentaUed for life in the lands of
Pottarton by his brother, Sir John Maxwell of PoUok.8 One of the conditions of the lease
was, that William was to ride with Sir John at the expense of the latter. Between the
years 1596 and 1599, William Maxwell took an active part in the settlement of the
disputes between his nephew, Sir John Maxwell of Pollok, and his stepmother, Margaret
Edmonstone, concerning the possession of Haggs ; and many letters passed between him and
Hugh, first Lord Loudoun, and William Maxwell of Cowglen, on that subject.7 By his
will, dated at Cowglen on 8th July 1623, William Maxwell in Cowglen, brother-german to
umquhile Sir John MaxweU of Pollok, knight, being hail in body, and perfect in memory,
made his testament as follows : — He " committed his soul and body to the protection of the
blessed Trinity, the Father, Son, and Holy Ghost, three persons and one God." He ap
pointed his wife, Jean Maxwell, his only executrix, and seems to have had no children, as
none are alluded to or provided for in the will. He left twenty shiUings to the " lipper-
folk" at the Bridge-end of Glasgow, and twenty shillings to the men of the " almous" house
adjacent to the College. William Maxwell died in March 1 625, as appears from the con
firmation of his wiU on 1 6th May following.8
4. Mr. Robert, the fourth son. His brother, George Maxwell, by his said will, dated 1st May
1581, left him a legacy of various articles of clothing and furnishings, amongst which were
a stand of his best " claithis, ane skin coitt, and his best pair of dry leather schone." 9
Robert died before 11th June 1593, without lawful issue, as on that date his brother WiUiam
as his heir granted the charter already mentioned.10 On 1 1th June 1593, William MaxweU,
brother-german and heir of the late Mr. Robert Maxwell, son liberal of the late Sir John
MaxweU of Pollok, knight, in implement of a contract between him and the late Mr. Walter
1 Commissariot of Edinburgh Testaments, vol. ii. " Commissariot Records of Glasgow, 16th May 1625.
11 th June 1582. 9 Commissariot of Edinburgh Testaments, vol. ii.
a Original depositions as to Henderston Moss, etc., 11th June 1582.
in Blantyre Charter-chest. 10 Robert had a natural son, John, apprenticed to
3 Vol. i. p. 314. 4 Original contract at Pollok. Robert Muir, cordiner in Glasgow, who, on lBt March
6 Original obligation at Pollok. 1560, abated the " hyndmost" three years of the seven
c Original rental, ibid. years' service, because John is " ane guid boy, and veray
' Vol. ii. pp. 181-189. able to leir the said craft." [Original at PoUok.]

SIR JOHN MAXWELL OF POLLOK, 1524-1577. 35
Maxwell, also his brother-german, dated 25th February 1589, granted a charter to Gabriel
MaxweU, eldest son of Walter, of the lands of Windhill, North and South Bracanrigs, Tofts,
and Bonnington, in the parish of Eagleshame and shire of Renfrew : Dated 11th June 1593.1
5. Patrick, the fifth son. In several instruments at Pollok, dated in 1591 and 1592 he is
styled brother-german of Sir John Maxwell of Pollok. His brother George left by his will
to Patrick, amongst other articles, his " bufe doublat, best gray coit, twa sarks, twa pair of
new nutt ledder schone, and his best furneis sadill."2 Patrick is a witness to the charter
already referred to, by Hugh WaUace of Cornell, ih favour of William Maxwell of Cowglen,
and is often mentioned in the family papers as son of Sir John and Elizabeth Maxwell, or
as brother of their son John, who became Laird of Pollok. Patrick Maxwell, and his
brother William, are mentioned by Sir John, their brother, as two of the friends whose
approbation must be obtained by Margaret and Agnes Maxwell, daughters of Sir John,
before receiving 3000 merks each on their marriage, in terms of the obligation, dated 12th
May 1591. 3 Patrick assisted in the settlement of the disputes between his nephew, Sir
John Maxwell of PoUok, and Margaret Edmonstone, his stepmother, regarding the Haggs.4
On 10th March 1611, Patrick, as father's brother (uncle) of Sir John, witnessed a dis
charge by John Boyle younger of Kelburn for part of the tocher of his wife Agnes Maxwell,
sister of Sir John.5
6. Mr. Walter, the sixth son. He is called son liberal of the late Sir John MaxweU in the
instrument of sasine in his favour of the lands of WindhiU and others, in the parish of
Eaglesham above mentioned, dated 19th October 1580. His brother George left him
" ane pair of gray breikis of the best sort of Scottis grays, a gray gown, ane pair of watt
ledder new schone, four sarkis," and many other articles. He was also to receive from his
brother's executors £10 annually, so long as he remained at school in Scotland or France,
as his brother Robert had done.6 Walter received a charter from his brother Sir John of
an annual rent of £20 from the lands of Cowglen, dated 16th November 1586.7 WiUiam,
Patrick, and Maister Walter Maxwell, sons of Elizabeth MaxweU, Lady PoUok, witnessed a
deed by her, dated 1st April 1587. 8 Walter married Elizabeth Jack, daughter of Thomas
Jack, vicar of Eastwood, and had issue by her. He died before 11th June 1593. By his
will, dated 26th February 1589, he appointed Elizabeth his wife, and her uncle, William
Wylie, his executors, with Sir John MaxweU of Pollok as superior, and WiUiam Maxwell,
his brother, and Thomas Jack, his father-in-law, as oversmen. He ordained his spouse
Elizabeth to intromit with his books to the " weill of his bairnes."9 The names of these
bairnes have not been ascertained, with the exception of the eldest son Gabriel, who, on 1 1th
June 1593, received from his uncle William the charter of certain lands in the parish of
Eagleshame already mentioned. This Gabriel may be the same with Mr. Gabriel Maxwell,
one of the Regents of the College of Glasgow, who, with other relatives of Sir John Maxwell
of Pollok, became bound for the tocher of Agnes MaxweU, sister of Sir John, in the contract of
1 Original charter at Pollok. 6 Commissariot of Edinburgh Testaments, vol. ii.
2 Commissariot of Edinburgh Testaments, vol. ii. 11th June 1582.
11th June 1582. 7 Vo[- l P- 317-
s Original ohligation at Pollok. 8 Original at Pollok.
* Vol ii v 188 9 Commissariot of Edinburgh Testaments, vol. xxm.
5 Original discharge at Pollok. 7th September 1591.

36 SIR JOHN MAXWELL, TWELFTH OF POLLOK, 1577-1595.
marriage between her and John Boyle, younger of Kelburn, dated in 1 6 1 1 . WUliam Maxwell
of Cowglen was tutor of law to Grisel Maxwell, daughter of the late Mr. Gabriel Maxwell,
minister at Eagleshame, his brother, in 1624, as appears from several receipts at Eglinton.

XV. — Sir John Maxwell, twelfth of Pollok, 1577-1595,
Margaret Ctjnninghame, his first wife, 1569-1590, and
Margaret Edmonstone, his second wife, 1592-1600.
On the death of his father, on the 20th of February 1577, Sir John did
not obtain possession of the estate of PoUok, as it was liferented by his mother,
the heiress. Neither did Sir John succeed to his father in
his personal estate, as his mother and her two younger sons,
George and WiUiam, were appointed his only executors.
These arrangements did not suit the young Laird, who
appears to have been of an active and aspiring disposition,
and anxious to obtain possession of the Pollok estate. Dif
ferences arose between him and his mother. In the year after the death of her
husband, she raised a complaint against her son before the Privy-Council, which
sets forth that he, on the 29th of May 1578, with his accomphces, and convo
cation of a great number of the lieges in warlike manner, came to the place of
Nether Pollok, and by way of deid perforce entered within the same, broke
the yetts thereof, imprisoned the complainer, Lady PoUok, therein, and dang
and hurt her servants there to the effusion of their blood in great quan
tity. It was further complained by his mother, that, upon the 17th of
August the same year, he with his accomphces came to her maltman's house,
and violently took from him a chalder of malt, and thereafter went to the
Mains of Nether Pollok, and reft and away took a grey horse, worth a hundred
merks, pertaining to his said mother ; that not " satiat " with this, he continued
his oppression, and upon the 26th of February foUowing, he and his accomphces
went to the Haggs and violently removed the tenants out of their houses and
lands, put a garrison of men therein, and erected a great "strentht" with
" fowseis," and furnished the same with " artilzerie," in order to upUft by force
the " haiU leving" of his mother.1
Three years afterwards the young Laird and his mother were not yet recon-
1 Copy Signet Letters at Pollok.

SIR JOHN MAXWELL, TWELFTH OF POLLOK, 1577-1595. 37
cUed, as he raised a complaint against her, which sets forth that she suffers, in
her default, the tower, fortalice, and manor-place of Nether PoUok, and houses
about the same, to rot and decay for want of repairs ; and that she had cut the
growing trees of the woods, orchards, and zairds, and whole policy thereof, to
the utter destruction and desertion of the whole place, which would thereby be
void of aU policy and other good industries made by the late Laird and his pre
decessors, through great labour, pains, and costs, to the great injury of the
complainer. He accordingly, on 30th November 1581, obtained a precept
from King James vi. to the Sheriff of Eenfrew, ordering cognition to be taken
of the state in which the said houses and place were at his mother's entry, and
what damage they had sustained in walls, windows, timber-work, iron-work,
and others since ; and also what trees, dykes, hedges, and others were faUen
and decayed through her default ; and to compel her to repair the houses and
plant new trees where the old have been cut by her.1 The result of these pro
ceedings does not appear from the famUy papers. The Lady survived this
complaint for about ten years, during which, however, she does not appear to
have become reconcUed to her son, as he is not mentioned in her wiU.
Sir John married, in July 1569, Margaret, daughter of WiUiam Cunning-
hame of Caprington, a branch of the Glencairn family. This marriage was ar
ranged at the time that Sir John Maxwell purchased the escheat of PoUok from
Alexander Earl of Glencairn ; and it is probable that the Earl had taken care to
bring about this marriage of his cousin of Caprington with the young Laird of
PoUok as a part of his arrangement with the old Laird, his father, for the resto
ration of his estate. Their marriage-contract is dated 6th July 1569, and Sir
John's father and mother are parties to it. The tocher of the lady was £1000.
Sir John's father, with consent of his wife, bound himself to infeft his son and
daughter-in-law in conjunct fee and liferent, and the heirs-male oftheir marriage,
whom faUing, the heirs-male of John whomsoever, in the lands of Carnwaderick
and PoUokhaugh.2 This marriage was a happy one in itself, but a misunder
standing arose between the young Laird and his father-in-law, which led to an
unpleasant correspondence, and a temporary coolness between their families.
Lady Caprington was not with her daughter, Lady PoUok, younger, on
the occasion of her first confinement. This was keenly felt by her husband ;
1 Copy Signet Letters at Pollok. 2 Marriage-contract at Pollok.

38 SIR JOHN MAXWELL, TWELFTH OF POLLOK, 1577-1595.
and when his wife was about to be confined a second time, he wrote to his
mother-in-law, and urged her very earnestly to come to Pollok and be with her
daughter on the occasion, both because it was natural and customary for the
mother to be with the daughter in such circumstances ; and because the lady
was afraid of herself in respect of her " lang rest this sax zeir bygane at
Michaelmesse." He begged' her to come to PoUok to her daughter with all
speed, and not to grieve her by a refusal, as on the last occasion, which, he adds,
" muiffit hir to ane greit displesour the tyme of hir lyen, and, as sindrie lernit
men and wemen schew, the onhe occasioun of hir lang consaving, not knawand
the caus of hir displesour." x Whether the Lady of Caprington was moved by
this urgent appeal, does not appear. It seems probable, however, that she
was not ; for the Laird of Caprington, soon after the birth, refused to go to
the baptism of his grandson, aUeging that it was no more possible for him to
go to PoUok than to carry the castle of Dunbarton. Sir John considered this
a mere pretence ; and wrote to his father-in- law complaining of his unkindness,
and declaring that he could not express his displeasure at such conduct,
for he considered himself companion to any baron in the country, either as to
famUy honours, blood, or yearly revenue, and that, by " disesteeming " him and
his wife, Caprington only dishonoured himself.2
These letters show considerable power of scolding ; but are outdone in a
letter to a neighbour whom Sir John rates as an unworthy magistrate, for his
unfair dealing, and likens to an incompetent skipper. The devU, he says,
made sutors (cobblers) shipmen who could neither steer nor row.3
The misunderstanding between the Laird of Pollok and his friends at
Caprington was not of long duration. In 1585, we find him applying to his
father-in-law for a loan of £500 to enable him to replace sixteen horses which
he had lost, with aU their accoutrements, while attending the king at Stirling.4
And in January 1587, when his Castle of Haggs, Avhich had already cost him
upwards of 5000 merks, was nearly finished, the "reparraling within" only
remaining to be done, he again applied to the same quarter for a further loan
of 300 merks to enable him to finish it, because, he says, " I aschame that my
howis sowld stand lyik ane twme kirne, being sa neir a point."5
1 Vol. ii. p. 151. 3 Vol. ii. p. 165. 6 Vol. ii. p. 161. In the previous year Sir John en-
2 Vol. ii. p. 152. 4 Vol. ii. p. 158. countered other difficulties in the building of Haggs

SIR JOHN MAXWELL, TWELFTH OF POLLOK, 1577-1595. 39
Margaret Cuninghame, Lady Pollok, died about the year 1590, and in
fulfilment of a promise made by Sir John to her, " being lyand wpone hir deid
bed a litiU before her deceis," he granted, on 12th May 1591, an obligation to
infeft Margaret, their elder daughter, in the lands of Carnwaderick, and Agnes,
their younger daughter, in the lands of Pollokshaws under reversion, in secu
rity of 3 0 0 0 merks to each on their marriage. They were infeft on the same day.1
In the month of September 1592, Sir John took to himself a second
wife, Marjory, daughter of Sir WiUiam Edmonstone of Duntreath, " Lady
UrchU," as she was styled, being the widow of Mungo Graham of UrchiU.2
Their contract of marriage bears date at Stirhng, 17th September 1592.
It appears that EUzabeth MaxweU, Lady PoUok, had refused to give up
to her son the title-deeds of the famUy estates ; and on 20th December 1583 he
obtained decreet against her and WiUiam, his brother, for withholding from him
the " guids, gear, and evidents " of his late father ; and amongst these goods and
gear are mentioned ane target of gold, containing four crowns in weight, worth
£10 ; ane " cheinzie" of gold, containing 2 0 0 crowns in weight, and worth £450 ;
a pair of bracelets, value £90; a " PortingaU" ducat, worth £3 0 ; and many other
articles of value, both of gold and sUver.3
From the time of this Laird's succession to PoUok, he was on terms of
intimacy with his noble chief, John Lord MaxweU, afterwards Earl of Morton ;
and much of the interesting correspondence between them has been preserved,
and is printed in the present cohection.4
In AprU 1581, John Lord MaxweU, afterwards Earl of Morton, wrote to
Sir John that he intended to pass on to the Mearns, not only on business of his
own, but also on Sir John's affairs. On the 1st of May following, Lord Maxwell
appomted Sir John baUie of the lordship of Mearns, with power to hold courts,
punish trespassers, etc., and also constable of the Castle of Mearns. Sir John was,
by his commission, taken bound not to oppress the tenants " inordinarlie," and
Castle. He complains, in a letter to the Laird of Minto, of fine London claithe of coulleur purpour wiollett to be
that the mason, after contracting for a thousand pieces cote, clok, and breikis, at £8 the elles ; and also with
of hewing work from the " quarrell," had broken his 36 ells of fine traiss of gold, sax elles of Engles fustein,
promise. Sir John asks the Laird of Minto to dis- at 40s. the ell," and other articles of finery, both numer-
charge the delinquent from his service.— [Draft letter at ous and expensive. These furnishings would make the
Pollok.] °ld Laird look gay as a bridegroom. — [Original account
1 Original obligation and sasines at Pollok. ¦ at Pollok.]
'¦ Preparatory to this marriage, Sir John, on the 25th 3 Original decreet at Pollok.
August preceding, provided himself with " 5 elles and \ * Vol. ii. pp. 148, 151, 154-156, etc.

40 SIR JOHN MAXWELL, TWELFTH OF POLLOK, 1577-1595.
also to aUow his lordship and his wife to inhabit the Castle when they re
quired.1 By an order under his hand on 4th April 1583, the Earl desired Sir
John to dehver the Castle of Mearns to a King's messenger, in terms of a charge
by the King.2 Sir John was frequently in attendance on the Earl at court, but
the closeness of the friendship which subsisted between him and the head of his
house is best seen from their correspondence on more private affairs. When, in
August 1590, his Lordship had to grant an obligation to his Majesty making
him answerable for the conduct of his servants and dependants, to relieve his
Majesty and his warders for aU " attemptattis" by them, Sir John became his
cautioner,3 an act of friendship which afterwards cost him no small trouble.
For, notwithstanding his Lordship's obligation, a number of his dependants
made an attack on the men of John Swintoun of that Ilk at Kimokfoot in
Douglas, and not only reft their guids, says Swintoun, " bott laimit ane pert
of them, and muitiUet ane wther paUt of thaime."4 " The Laird of Swintoun
called SU John to account, as cautioner for his Lordship, and demanded redress
according to the offence committed, otherwise he would pursue the matter
against him before the King and CouncU, or else be banished Scotland.5 This
did not disturb the relations between Sir John and his chief, as appears from
their correspondence on the intended marriage of the Earl's eldest daughter,
Lady Elizabeth MaxweU, in which the former took a great interest. On the 6 th
June 1593, a few months before his death, the Earl wrote to SU John, thanking
him for the kindly care he was taking of the welfare of his Lordship's " bairnes,"
as he had learned from a letter to his " las Elizabeth."6 Sir John soon after this
lost his noble chief, who was killed in December 1593 at Dryfe Sands in Annan
dale, in an encounter with the family of Johnstone, with whom the Maxwells
had long been at deadly feud. On the 11th of that month Sir John MaxweU,
as one of his special friends, was earnestly requested by WiUiam Maxwell, Lord
Herries, to attend the funeral of theU chief on Sunday the 3 0th of December.7
Sir John's interest in the bereaved famUy of his chief did not diminish on
his death, but rather increased, and he henceforth became their confidential
adviser. In March following, at the request of Elizabeth Douglas, Dowager
Countess of Morton, he took steps to have the castle of Mearns put in readi
ness for her residence during the ensuing summer ; and, at the same time,
1 Original at Pollok. 8 Vol. i. p. 320. « Vol. ii. p 147. 7 Vol. ii. p. 170.
2 Original order at Pollok. 4 Vol. ii. p. 146. " Vol. ii. p. 168.

SIR JOHN MAXWELL, TWELFTH OF POLLOK, 1577-1595. 41
advised with her as to serious pecuniary difficulties in which she was involved,
and which affected himself as cautioner of her late husband.1
After the death of the Earl of Morton, Sir John attached himself to
Ludovick, second Duke of Lennox, and accompanied him to Court on various
occasions, on his Majesty's service.2
The communications from King James VI. to this Laird of Pollok, on
various private matters, afford a curious picture of the relation which then
existed between the sovereign and his subjects. In 1590, the King and
Queen were residing at the Palace of Dunfermline, where they had an un
usual number of visitors. The Queen was in want of carriages for visiting
the country in a suitable manner with her " ladies and gentlewomen." The
King wrote to Sir John on 13th August of that year, stating, that as he
esteemed him one of his friends, best affectionate both to himseU and the
Queen, he therefore wished him to present her Majesty with " ane gude and
propre halknay," and to send it to Dunfermline properly attended, where it
would be received by the Master of the Stables.3 On the 1st June 1593, SU
John was summoned to attend a meeting of Parliament.4 On the 18th Decem
ber of the same year, the King wrote to him that it had pleased God to bless
him with the prospect of a successor, the Queen being near the time of her de
livery, and called on him, aU excuses set aside, to come forthwith to Holyrood.5
On the birth of Prince Henry in July 1594, Sir John was invited to the bap
tism both by the King and by Ludovick Duke of Lennox. The Duke wrote to
Sir John on 18th July, stating that the baptism was fixed for the 11th of
August, and asking him to attend, weU accompanied and appareUed, in respect
of the ambassadors from France, England, Denmark, and Flanders, who were
all to be there.6 The arrival of the ambassadors being uncertain, the baptism
was postponed, and the King wrote to Sir John on the 8 th August, desUing him
to be at StUUng on the 15 th, and to hasten forward such provisions as he pur
posed sending for the occasion. So liberaUy did Sir John respond to this call,
such a large supply of venison, wUd-fowl, kine, sheep, and other provisions did
he send in, that even his enemies were constrained to praise him for his UberaUty.7
In the year 1590, Sir John purchased the lands of Over Darnley, part of
the territorial lordship of Darnley, from which a branch of the famUy of Stewart
' Vol. ii. pp. 173-176. 3 Vol. ii. p. 4. 5 Vol. ii. p. 5. ' Vol. ii. pp. 5, 27.
2 Vol. ii. pp. 25, 26. ' Vol. ii. p. 4. e Vol. ii. p. 26.
VOL. 1. F

42 SIR JOHN MAXWELL, TWELFTH OF POLLOK, 1577-1595.
took their title of honour as Lords of Parliament. Over Darnley was after
wards incorporated with the barony of MaxweU.1
John Lord MaxweU, Earl of Morton, was killed by the Johnstones in
December 1593 ; and, like his chief, SU John MaxweU met his death at then
hands hi an encounter at Lockerbie on 1st November 1595, 2 he being then in
the company of WiUiam Maxwell, Lord Herries, tutor to John Lord MaxweU.
Dame Margaret Edmonstone, SU John's second wife, by whom he had no
chUdren, survived him. Differences arose between her and her stepson SU
John, the son and heU of her late husband ; and in December 1596, the latter
took legal measures to remove her ladyship from the castle and place of Haggs.3
By Ms first wife SU John had one son and two daughters.
1. John, who succeeded him.
2. Margaret, who, according to the obligation by her father already mentioned, was infeft in the
lands of Carnwaderick in security of her marriage portion of 3000 merks, in terms of his obU
gation, dated 12th May 1591.* By procuratory, dated at Haggs, 21st August 1593, she
empowered David Cuninghame of Dalreyth to cut the wood of PoUok for her own use.5 It
appears from a renunciation by Margaret, dated 10th July 1613, that she had forfeited the
provision by her father in a bond in her favour, in consequence of not having preserved her
chastity.6 No later notice has been found of Margaret, and it is presumed that she died
soon afterwards unmarried, as her sister Agnes represented the female line of the family
on the death of her brother Sir John.
3. Agnes MaxweU, the younger and only surviving daughter, became Lady Kelburne by marrying
John Boyle, younger of Kelburne. Their contract of marriage is dated 9 th March 1611.
John Boyle, elder of Kelburne, thereby agreed that the heirs-male of the marriage should
succeed on his death to the lands of Kelburne and others. For which causes Sir John
MaxweU of PoUok, as principal, and William Maxwell in Cowglen, Mr. Gabriel MaxweU,
one of the Regents of the College of Glasgow, and George MaxweU of Auldhouse, as
cautioners for him, bind themselves to pay the sum of 7000 merks Scots, as tocher with
Agnes, which is declared to be in full of all the provisions made to her by her father. It
is specially provided that if Sir John Maxwell has no chUdren, and Agnes, as his sister-
german, succeed to him in any of his lands, she, with consent of her future husband, agrees
to renounce all such lands in favour of the heirs-male succeeding to Sir John. This pro
vision explains how Agnes and her only daughter, nearly forty years afterwards, agreed to
the disposition of the estate of PoUok by Sir John MaxweU in favour of his heir-male, as
will be fully explained hereafter.
1 Original charters of Over Darnley at Pollok. = Vol.ii. pp. 184-188 : Original signet letters at Pollok ,
"Two memorandums, dated 3d December 1599 * Original obligation and copy of sasines at Pollok.
and 1st March 1692, and disposition of non-entry of .
Pollok, 3d December 1599, all at Pollok. Also vol. ii. 0nSmal P™curatory, ibid.
p. 183, where allusion is made to Sir John being slain. " Original renunciation at Pollok.

SIR JOHN MAXWELL, THIRTEENTH OF POLLOK, 1595-1647. 43
Of this marriage there was an only child, Grizel Boyle, who married her kinsman, David
Boyle of HalkshiU. Their grandson was David Boyle of Kelburne, who, in 1699 and
1703, was successively created Lord Boyle of Kelburne, and Earl of Glasgow, Viscount
Kelburne, etc. The present Earl of Glasgow is his lineal heir-male, and he is also heir-
general of the marriage of John Boyle and Agnes Maxwell.1

XVI. — Sir John Maxwell, thirteenth of Pollok, and the first
Baronet, 1595-164.7,
Isobell Campbell, his first wife, 1593-1612, and
Grizell Blair, his second wife, 1615-1642.
Sir John was born in the end of 1 5 8 2, or in the beginning of 1 5 8 3,2 and suc
ceeded his father in his twelfth or thnteenth year. During his minority, Wil
liam Cunninghame of Caprington, Sir James MaxweU of Calderwood, George
CampbeU of Cessnock, and Patrick MaxweU of Newark, acted as his curators.3
To the estate of PoUok proper, the young laird made up titles as heir to
his grandfather, Sir John Maxwell, who, it has been seen, was infeft in them
on his marriage with the heUess Elizabeth MaxweU in 1536. She survived
till 1592, and this laird succeeded to the estates in his minority. John eighth
Lord MaxweU, the superior, granted, on 14th and 21st April 1602, a precept
for infefting this laird as heU-male and of taUlie of his grandfather in the lands
of PoUok and Carnwaderick : Sasine was given to him at the principal Mes
suage of Pollok on 31st May 1604.4
By charter passed under the great seal on 23d December 1607, King
James VI., as tutor for his son Henry, Prince and Steward of Scotland, con
firmed to this Sir John MaxweU, as grandson and hen of John Maxwell of
Cowglen, the charter of PoUok which was made by Eobert fifth Lord MaxweU,
the superior, on 15th August 1536, as before mentioned. The King also, by
the same charter, confirmed to SU John another charter made by John eighth
Lord Maxwell, on 7th November 1605, of an annualrent of 720 merks out of
the lands and barony of Mearns.5
1 Original contract ut Pollok. Sir John Maxwell had 2 y0j_ j; „., 15X-153.
a natural daughter Marjory, who married John Max- _ . . , „ . ,.-,„„, T
,1 1. t. j. 1 1 • it, ¦ 1- c y-ii. -i j Original contract at rollok, dated 23d January
well of Bosneld, in the parish ot Kilbride, and county °
of Lanark. Their contract of marriage is dated 7th
November 1617, and she was infeft in part of Bosfield 4 Original instrument of sasine at Pollok.
on the 27th of the same month. — [Original contract and » Original charter under the great seal at Pollok.
sasine at PoUok.]

44 SIR JOHN MAXWELL, THIRTEENTH OF POLLOK, 1595-1647.
By a subsequent charter, dated at Pollok on 17th July 1618, Robert Max
weU of Carlaverock and Mearns, afterwards Earl of Nithsdale, gfanted a charter
of Novodamus in favour of Sir John Maxwell. On the same occasion, when
the said Robert MaxweU was on a visit at Pollok, if was arranged that Sir
John should resign PoUok into the hands of his chief, who, as Lord of Mearns,
was superior of Pollok, for a new charter changing the holding from ward to
blench. Resignation was accordingly made on the 17 th July 1618, at five
hours afternoon, in the " inner chalmer" of the place and fortalice of Nether
PoUok, on the north side of the tower thereof.1
A' charter was made on the same day in favour of Sir John MaxweU of
PoUok, knight, and his heirs-male, bearing the name and arms of MaxweU, to
be held blench of the granter and his heirs, as Lords of Mearns.2 Sir John also
got sasine on the same day at the fortalice or manor of Nether PoUok.3
The above charter was confirmed to Sir John MaxweU by King Charles I.,
as tutor for his son Charles, Prince and Steward, by charter passed under the
great seal on 9th August 1630.4 The same charter also included a, confirma
tion of a charter by John Spottiswoode, Archbishop of Glasgow, in favour of Sir
John Maxwell, of the lands of Haggs, Govan Shiels and Titwood, and lands in
Meikle Govan, and salmon fishings in the water of Clyde, dated 24th AprU 1610.
He was married very early in life, before he was twelve years of age, to
IsobeU CampbeU, daughter of Hew Lord Loudoun. The contract for their
marriage was made at the Haggs of Pollok the 21st August 1593.5 IsobeU's
tocher was 3000 merks, and Sir John MaxweU, the father, was bound to infeft
her in liferent in parts of the lands of PoUok.6 SU John ratified the contract
by a separate deed on 15th November 1593. 7 By another contract, dated 13th
December 1594, entered into between Hew Lord Loudoun for his daughter,
IsobeU CampbeU, spouse of Sir John MaxweU, his Lordship became bound to
cause his daughter renounce her contract of marriage in favour of Sir John and
1 Original instrument of resignation at Pollok. e This appears from a contract made 23d January
2 Original charter at Pollok. The seal appended to 1597' "between Hew Lord Loudoun on the one part, and
this charter has the plain Maxwell saltire. The circum- Jonn Maxwell of Pollok and his curators, and Mar-
scription is, S. Eo. Maxval de Carlaverok. Sar.et aI,d ASnes Maxwell, his sisters, on the other part.
„ „ , This contract relates to the payment to Margaret and
» Original instrument at Pollok. Agne8 MaxweU of ^m ^^ ^ the infeftment
* Original charter at Pollok. 0f Isohel Campbell, according to the terms of her con-
5 Copy of contract, dated 13ih December 1604, nar- tract of marriage. — [Original at Pollok.]

uting contract of marriage at Pollok. 7 Original at Pollok.

SIR JOHN MAXWELL, THIRTEENTH OF POLLOK, 1595-1647. 45
his heUs-male whomsoever ; for which cause Sir John bound himself to infeft
her in liferent in the lands of Haggs and others.1 On the 2 2d May 1604, this
Land was served hen to his father in the lands of Pottarton, HUlfield, Deacons-
bank, and the Cowglens ; and the retour bears, that Sir John MaxweU died in
November 1595.2
SU John Maxwell bemg now of age, entered into a new contract with
Lord Loudoun, his father-in-law, concerning the destination of the Pollok
estates, on tUe 13 th of December 1604; and by this important contract, the
terms of which will be afterwards fully given, the PoUok estates were con
tinued in the male line of the family.3
Soon after the fatal feud between the Maxwells and the Johnstones, the
Privy Council passed an. Act on 13th August 1608, for preserving the peace in
Nithsdale, Annandale, and GaUoway, whereby SU John Maxwell of Pollok, and
many other families of MaxweU, were ordered to be confined and warded north
of the river Tay, and there to remain until they were freed and reUeved by George
Earl of Dunbar, Lieutenant in the middle shires.4 On the 10th of September
following, Sir John was charged to obey this Act ; and on the 1 3th " he boitted
at the schon" of the burgh of Perth, passed over, and landed on the north side of
the said water of Tay, and protested that he had thereby obeyed the said charge.5
Previous to the year 1610, SU John was again restored to the favour of
the King. IsobeU Campbell, Lady MaxweU, died in the month of January 1612, leaving
one daughter, an only chUd, IsobeU Maxwell.6
Before the year 1615, SU John MaxweU married, secondly, Grizel Blair,
1 Copy contract at Pollok. " Johnne Maxwell of Pollok, and Elizabeth Houstoune,
2 Office copy retour at Pollok. dochter to the laird of Houstoun, his spous.
3 Copy contract at Pollok. "Item, one his motheris syd, Johnne Cunnyghame
4 Regist. Secreti Concilii, Acta. of Caprintoune, Annabell Campbell, dochter to the
5 Original instrument at Pollok. Sir John Maxwell 's Sheriff of Air, his spous.
eight branches were made out in the year 1602, as fol- " Sir William Hamiltoune of Sanechar, Knycht, and
lows : — dame Katherein Kennydy, dochter to the Erie of Cas-
" The aucht branchis of Schir Johnne Maxwell sillis, his spous. — [Original at Pollok.]
of Netherpollok, Knycht, that is in this zeir of God 6 Original Record of the Commissary Court of Hamil-
1602. ton and Campsie from 1613-14 in H.M. General Register
" To wit his twa grandschiris and tua grandames on House. In August 1859, the Editor discovered this
his father syd, and tua grandschiris and tua grandames volume in the shop of Mr. Robert Forrester, bookseller,
on his mother syd. Sauchiehall Street, Glasgow. He called the attention
" In the first one his fatheris syd, Capitane George of the Deputy-Keeper of the Records to it, by whom
Maxwell of Kowglen, and Jonet Maxwell, dochter to it waB acquired for the public. It supplied the hiatus
the laird of Tynnall, his spouse. which previously existed in that record.

46 SIR JOHN MAXWELL, THIRTEENTH OF POLLOK, 1595-1647.
daughter of John Blair of that Ilk. On 3d June 1615,1 King James VI. as
tutor for his son Charles, Prince and Steward of Scotland, granted a charter to
them, and the heUs-male of the marriage, whom faUing, to the heirs-male of
Sir John, of the five-merk lands of Hagtonhill, on the resignation of Patrick
Maxwell of Newark, and his eldest son George Maxwell, fiar of Tealing. The
grantees were infeft on the 3d August following.2
In AprU 1616, a proposal was made to Sir John by certain gentlemen of
the name of Maxwell, that he should enter into an arrangement with the Master
of Maxwell to advance money to save the MaxweU estates, and that he should,
on the failure of the Une of the Lord MaxweU, become the chief of the MaxweU
famUy. SU John, indeed, was caUed by some of the clan as the only " pyUote
and houpe" of the estate. He was reminded by them that although he
might have to part with his own estate of Pollok, it was a great honour to
be the heir-apparent and lord of the estate of Carlaverock. The proffered
honour was no doubt great, but the conditions on which it was offered were bur
densome, and Sir John declined it.8 A further honour was conferred on him
that same year. In consequence of the increasing insolence or insubordination
of a multitude of discontented persons whom the ordinary Magistrates were
unable to keep in check, it was resolved by the King and Council at Edin
burgh in June 1609, that in every county a number of the most prudent
noblemen and gentlemen of the best families should be appointed justices and
commissioners, who should preserve the peace in each county : In accordance
with this resolution, Alexander Earl of Dunfermline, James Archbishop of
Glasgow, and Sir John MaxweU of Pollok, and others, were appointed com
missioners for the shire of Renfrew, by commission under the great seal, dated
1 8th September 1616; Sir John Maxwell was also appointed keeper of the re
cords of that commission.4
1 Original charter at Pollok. to Edinburgh, in tbe beginning of December 1618,
2 Original precept and sasine at Pollok. On 31st was storm-stayed two nights hy the way, and some
January 1629, Sir John Maxwell granted to Grizel Blair, curious items ofhis expenditure on the occasion have
his spouse, a lease of his "cwnyngar," with the "own- been preserved. During that time his own expenses
ynghous" and two acres of land, and two cow's grass were £1, 6s. 8d., and his horse cost him 13s. 4d. for
belonging to the same, as a part of his laDds of Sheills. oats, and 4s. for straw. And again, on proceeding to
— [Original lease at Pollok.] Edinburgh, in company with Lady Abercorne, on the
a Vol. ii. p. 193. Also letter from Herbert Maxwell, 29th of the same month, they paid at " The Fakirk"
Cowhill, 30th April 1616 : [Original at Pollok]. for three pecks of oats to their horses £1, 4s., and for
4 Original commission at Pollok. — Sir John in going straw viii s. In the same account there is stated xxx s.

SIR JOHN MAXWELL, THIRTEENTH OF POLLOK, 1595-1647. 47
Sir John was on terms of great intimacy with his noble chief, Robert Lord
Maxwell, both before and after the latter was created Earl of Nithsdale, and
managed much of his business. In return, he was treated by his Lordship
with affectionate regard. Shortly before his Lordship's rehabilitation, he
granted to Sir John the baiUery of the Mearns, which, the gift bears, his prede
cessors had enjoyed beyond aU memory. This gift also narrates the great good
will, ardent love, and affection of the two famUies.1 Their correspondence also
abounds with proofs of this warm friendship. On the 10th December 1619,
his Lordship frankly acknowledged that he knew it would have been impos
sible to have managed his troublesome business without SU John's assistance.2
On 11th May 1627, when SU John had failed to pay a promised visit, he wrote
to say that the first of May was long past, that he daUy expected him, and
that his wife looked for him bringing his " haU marrow " with him.3 And
when Sir John was recovering from a severe Ulness, the Earl wrote that he was
glad to hear that he was mending, and hoped that aU danger was past, and that
they might yet have many merry and good days together.4
SU John MaxweU was made a knight baronet by King Charles I., in June
1633. The patent was to him and the heUs-male of his body. John Boyle of
Kelburn, brother-in-law of Sir John, appears to have taken considerable trouble
about the granting of this patent. Boyle paid upwards of £1000 Scots towards
the expense, out of his own purse, besides what SU John had allowed him.5
In the close of the same year, or in the beginning of 1634, SU John
was appointed governor of Dunbarton Castle, which seems at that time to
have been equaUy insufficient as a residence and as a fortress. Writing to the
Earl of Traquan on the subject, 9th AprU 1634, SU John stated that he had
expected his Majesty's master of works to have visited the Castle, and given
for three " gouf clubbis, 24s. for six gouf balls, and 12s. honour of knighthood, and therefore been reckoned one
for oringars." In another account, in 1620, there is a ofthe first and moBt ancient of that degree in the west
payment of 16s. for "ane buik callit Jacobis Warsil- of Scotland. Sir John Maxwell probably did not intend
ling."  [Original Accounts at Pollok.] his baronetcy as any addition, but purely to maintain his
1 Original gift at Pollok. undoubted rank and place against those who, being
¦ Vol. ii. p. 197. otherwise less considerable, might possibly offer to com-
3 Original letter at Pollok. pete upon the privilege of that newly erected order. So
' Vol. ii. p. 274. it is known to several persons yet in life, that the Earl
" Vol. ii. p. 223 ; vol. i. p. 346 ; and original memo- of Stirling, who, by gift, had the benefit of those patents,
randum at Pollok as to the restoration of the Baronetcy did in effect compliment Sir John with one, merely to
to Lord Pollok, circa 1682. This memorandum states bring them into greater request, and render them the
that the family and house of Pollok-Maxwell had en- more recommendable to such as might be inclined to
joyed for several ages the dignity of a barony, with the purchase.

48 SIR JOHN MAXWELL, THIRTEENTH OF POLLOK, 1595-1647.
orders for its being repaUed before the winter, as the present state of the house
was such, that U it were not " helpit" in the summer season, no honest man
could dweU therein. The north-east " coun" of the hall had been taken down
the previous year to be repaUed for his entry, and was stUl in ruins ; the haU was
not waterfast ; the brewhouse and bakehouse were down ; the barns and stables
were down and altogether ruinous. Besides, the walls of the " neddU baiUis,"
on the south side of the Castle, were so decayed and faUen down, that it could
not " haid out beistis, lat be men." As for the " muskattis and hagbuttis left
in the hous, nane of thame were abiU to mak service, as they were pantlie
wantand the wark, and pairtlie brokin ;" and as for powder and shot, SU John
had had none except what he bought for himseU.1 If SU John's friend, Sir
WiUiam HamUton, son of the Earl of Abercorn, and an officer in the army,
had known the true state of matters, he would have hesitated to say that he
thought he would, by the next winter, be " a sojowr expert anwch to keipe the
CasteU of Dwmbarten."2
In 1634, King Charles I. appointed SU John Maxwell one of the com
missioners for constituting a High Court of Commission for Scotland.3 The
Court was never properly estabUshed, but the appointment was not on that ac
count less indicative of his Majesty's opinion of Sir John's integrity and abiUty.
SU John's general correspondence was extensive. He ranked among his
friends and correspondents many of the leading noblemen and gentlemen of
the day, and the letters which passed between them constitute by no means
the least important portion of the foUowing coUection. These cannot be noticed
here in detaU, but reference can readily be made to the letters, or to the abstract
of them in the second volume. The letters from his kinsman, Mr. WiUiam
MaxweU, first of SpringkeU, give many particulars regarding the coronation of
King Charles I. in 1633. 4
GrizeU Blair, SU John's second wife, died in AprU 1642, without surviv
ing issue. On her death, there was paid " for ane sute of murneing to Mr.
George MaxweU iii1"' v lib. ii s. ; for Helen Blair hU mvrneing, xlvUi Ub. xUii s.
viii d. ; to John MaxweU's man for going with letters to Angows and wther
places for the buriaU xlviii s. ; and for ten quare of paper Is."5 On 3d August
' Vol. ii. p. 252. 8 Baillie's Letters, vol. i. p. 425. "ornaments," which were valuable, there is entered,
2 Vol. ii. p. 250. * Vol. ii. pp. 226-240. "Ane lytill inambled wowpe with this poosie : Trew as
3 Original account at Pollok. In the inventory of her the Turtle." — [Original at Pollok.]

SIR JOHN MAXWELL, THIRTEENTH OF POLLOK, 1595-1647. 49
1644, there was paid to James BlaU, wright in Gorbals, for the funeral chest
ofthe late Lady PoUok, £40, 12s.1 Annas Blair, Lady DucUal, was the heir
and executrix of her sister Grizel, Lady MaxweU.
King Charles I. as tutor to his eldest son Charles, Prince and Steward of
Scotland, granted to SU John MaxweU a charter of confirmation of a charter
by James Duke of Lennox, superior of the lands of Cowglen Meikle and Little,
Hilfield, Potterton, Deaconsbank, and Over Darnley, in the regahty of Darnley
and shire of Renfrew. The date of the charter confirmed is 23d December
1635, and that ofthe confirmation is 19th February 1642.2
SU John does not appear to have been actively engaged in the civU and
ecclesiastical struggles which took place during the latter portion of his hfe.
But on the 20th December 1644, at the desne of the Committee of Estates, he
advanced £4000 Scots for supplying the armies sent to England and Ireland.
The loan was to be repaid to him out of the money due by England, or out of
money raised by taxation or otherwise, and the bond for it was signed by the
Earls of Lauderdale, DunfermUne, Lothian, and others.3
As SU JoUn had no sons, he settled his estates of PoUok, Mearns, and others,
on his cousin George MaxweU, son of John MaxweU of Auldhouse. The dis
positions of PoUok and Mearns are both dated 17th November 1645, and the
destination is to George and his heUs-male and assignees whomsoever.4 And
by his settlement, which was made on the 28th October 1647, SU John
nominated the said George MaxweU, therem styled " fear of Nether Pollok," Uis
only executor.5 After having possessed PoUok for upwards of half a century, SU John
MaxweU died on the 1st of November 1647,6 leaving by his first wife Isobel
CampbeU, an only chUd, Isobel MaxweU, who was both deaf and dumb, and
who, under her father's settlement, inherited a legacy of £10,000.7 She died
unmarried. The descent of Mr. George Maxwell, younger of Auldhouse, who was pro
vided to PoUok by Sir John, as the heir-apparent of the heir-male of the
PoUok famUy, wUl now be shown.
1 Receipt at Pollok. 2 Original charter at Pollok. " Vol. i. p. 337.
, _ . . , ,. ... r t> n 1 j a- :¦ " Extract confirmation of his will at Pollok.
4 Original disposition of Pollok, and copy disposition
of Mearns, both at Pollok. 7 Vol. i. p. 337.
VOL. I. G

50

THE MAXWELLS OF AULDHOUSE
1470-1666.
The lands of Auldhouse are situated about two mUes to the south of
Pollok House, and are bounded on the north, east, and west by the estate of
Pollok, and on the south by the barony of Eastwood.
These lands appear on record at a very early period as the property of
the Monastery of Paisley. In the year 1265 they were resigned by Roger, son
of Reginald of Auldhouse, in favour of the monks of the Abbey of Paisley, be
cause he feared Divine vengeance if he should retain them. In another resig
nation, about the same date, he admits that his claim to the lands was unjust,
and declares that any instrument which may be afterwards found asserting that
claim, shaU be held to be of none effect.1 In both these charters the lands of
Auldhouse are described as the " dos" of the church of Saint ConvaU of PoUok.
Again, in the year 1284, John, son of Roger of Auldhouse, by a contract
with the Abbot and Convent of Paisley, obtained, in liferent, that portion of
the lands of Auldhouse which Patrick son of Neuyn had possessed ; and to this
contract SU Herbert MaxweU, brother of SU John MaxweU first of PoUok, is a
witness.2 The present mansion-house of Auldhouse has been buUt at four periods.
Over the fire-place of the kitchen, which was built in 1631, there is the
following inscription :3 —
THE BODIEFORTHESAVLWASFRAMD THIS HOVSTHE BODIE FOR:
IN HEA/NE FOR BOTH MY PLACE ISNAMDIN BLISS MYCODTADOR' I63I
The latest addition was buUt by the father of the present proprietor, and
this, with former additions, has made the house very commodious. A view of
the present mansion-house of Auldhouse is given in the present work.
1 Registrum Monasterii de Passelet, pp. 63, 64. May 1631, narrates that he and his father have founded,
2 Registrum Monasterii de Passelet, p. 65. and are of intention to build houses, one or more, and
3 The author of these lines was Mr. George Maxwell to repair the houses already built upon their equal ex-
nf Auldhouse, minister of Mearns, or his son, Mr. John penses : and Mr. John Maxwell becomes bound to
Maxwell, younger of Auldhouse, minister of the High " dehurse pennie about with my father." — [Original
Church, Glasgow. The latter, by bond dated 20th Bond at Pollok.]

^•*\}lr^:>:~ ¦'¦"¦¦ --L>-.

4 ^Ttf JO^
stager I V ~%#

'^(N

AULDHOUSE RENT REW S HIRE .

THE BODIE FOR THE SAVLWAS FRAM D THIS HOVSTHE BODIE FOR :
lNHEyVNEFORBOTHMYPLACEISNAMD INBLISSMYGOD TADOR-I63I

LINES OVER THE KITCHEN MANTEL PIECE OF AULDHOUSE

THOMAS MAXWELL [OF AULDHOUSE], 1470-1500. 51
The lands of Auldhouse must have come into the possession of the PoUok-
MaxweU famUy about the middle of the 15th century. Thomas MaxweU, the
second of the famUy who possessed them, is designated of Auldhouse in 1517,
and it is very probable that his father, Thomas Maxwell, who first appears on
record in 1476, received these lands as a suitable portion for a younger son
from Uis father Thomas Maxwell, who was Laird of Pollok from 1429 to 1450.
XI. — Thomas Maxwell [of Auldhouse], 1470-1500,
Appears to have been second son of Thomas Maxwell sixth Laird of PoUok
(1429-1450). He witnesses a transumpt, dated 8th July 1476, of bond by
John Lord Darnley to John MaxweU of PoUok, the son and successor of Thomas
Maxwell of PoUok ; and there is no doubt that Thomas MaxweU, the witness,
was a son of Thomas Maxwell of Pollok, and brother of John the grantee.1
Thomas MaxweU, elder, and Thomas Maxwell, younger, are mentioned in
a deUverance pronounced at Eenfrew on 16th March 1491, by theU cousin
John of MaxweU, apparent heir to the Laird of Pollok, Eobert Lord Lyle,
and others, regarding the differences between John Earl of Lennox, and John
Lord SempiU, and the compromise made by them. It was agreed that the
two principal parties concerned should respectively please and satisfy each his
own friends ; whilst for the trouble done to " zung Thomas of MaxueU, and his
bredyr and his frendis, by the Laird of Coldoun, Wat Spreule, John of StUling,
and thar folkis, and in lyk wys the injurie done to the LaUd of Coldoun and his
folkis be the said Thomas of MaxueU and his bredyr and his frendis, thai sail
cum befor Master Mathow [Stewart, Master of Lennox], and Lord Simpill at the
kyrk of Nelstoun, betwix and Pasch, when they think it speclfuU, and there to
ger reforme, as they find cause, and the partis to be put in friendship ; and
as touching the cow and the ox claimed be Thome of Maxuell, and the twa
ky that the LaUd of Coldoun claims, that was slayn in his fald be Thome of
MaxueU, we counsaU ordanys at that be reformyt at the foresaid kyrk, the
said day effter the wake of it be the awys of the said Master Mathow and
Lord SympiU. . . . Alswa we ordane that Wat SpreuU and John StUling come
to the kyrk forsaid in thair lous gownys and barhed, befor Master Mathow and
the Lord Simpill, and ask Thome of Maxuellis forgeffas, and to be put in
1 Vol. i. p. 185.

52 THE MAXWELLS OF AULDHOUSE, 1470-1666.
hartly frenschip." The foUowing note is added at the end of this deliverance :
— "And auld Thome of MaxweU was ay onekynd zhet hedertyUys."1
This deliverance is subscribed by Eobert Lord Lyle, John of MaxweU, and
the other arbiters.
Thomas MaxweU had two sons : —
1. Thomas, who succeeded him.
2.  Maxwell, who is mentioned in the deliverance above quoted as the brother of Thomas
Maxwell, younger.

XII. — Thomas Maxwell, Second of Auldhouse, 1491-1526,
Succeeded his father, Thomas MaxweU, " auld Thome," about the year 1500.
It appears from an old extract from the Eecords of the Court of Justiciary,
that, on 13th May 1517, Eobert Lord MaxweU became surety for the appear
ance of Thomas MaxweU of Auldhouse, and Thomas MaxweU, his son, to un-
derly the law for being art and part with John MaxweU of Stanley of the
murder of Alan Thomson.2 The next notice of Thomas Maxwell is on 28th
October 1520, when his son, Oswald Maxwell, was rentaUed in the chantor land
at the Kirkstile of Eastwood, part of the lands of Auldhouse, in which rental
he himself, under the designation of " Thom of MaxweU, his fader," and his
wUe (who is not named), are stated to be Uferenters of these lands.3 Agam,
on the 18th May 1522, the KUkland of Eastwood, also part of Auldhouse,
was set to Thomas MaxweU ; and his son, Oswald Maxwell, was rentaUed in
them at the same time.4 The last notice of Thomas MaxweU is on the 9th
January 1523, when David Pollok of Over PoUok granted to him a charter of
the lands of Corseflat Mains, in which, and in the instrument of sasine foUow
ing thereon, of the same date, Oswald Maxwell is designated " Oswald Max
weU, son of Thomas MaxweU in Auldhouse."5 Thomas Maxwell died before
the 3d of November 1526 ; as on that date John MaxweU was rentaUed in the
five-merk land of Auldhouse.6
Thomas MaxweU of Auldhouse had three sons : —
1 Original in Lennox Charter-chest at Buchanan. 4 Rentals of the Abbey of Paisley, supra.
2 Qopy extract in the handwriting of Sir George 6 Inventory of Writs of Pollok of that Ilk, as quoted
Maxwell of Pollok, c. 1 650, at Pollok. in a letter by the late Mr. John Eiddell, Advocate, Edin-
3 Eentals of the Abbey of Paisley, in the Advocates' burgh, at Pollok.
Library, Edinburgh. 6 Rentals of the Abbey of Paisley, supra.

JOHN MAXWELL, THIRD OF AULDHOUSE, 1526-1546. 53
1. John, third of Auldhouse.
2. Thomas, already mentioned as son of Thomas Maxwell of Auldhouse, in the records of the
Justiciary Court before referred to.
3. Oswald, who obtained the lands of Kirkstile, Kirkland, and Corsefiat -mains, all parts of
Auldhouse, as already mentioned.
XIII. — John Maxwell, Third of Auldhouse, 1526-1546,
Was rentaUed in the five-merk land of Auldhouse on the 3d November 1526,
on the death of his father, Thomas Maxwell. The rentals of the Abbey of
Paisley referred to, bear that, on the above date, the five-merk land of Auld
house was let by the Abbot of Paisley, who was then the feudal proprietor,
to John MaxweU, for thirty boUs of oats, fifteen bolls of barley, and twelve
capons ; and that, after his death, they were, on the 20th of June 1546, let
to John MaxweU, his son, for the same rent.1 This shows that John MaxweU,
third of Auldhouse, was in possession of that property from 1526 to 1546, and
that his son and successor was —
XIV. — John Maxwell, Fourth of Auldhouse, 1546-1578,
Who was born about the year 1528, 2 and succeeded his father in the year 1546,
as already shown. He is said to have acquired, in the year 1553, the lands of
Meikle Glanderston, and others, in the parish of NeUston, Eenfrewshire.3 He
witnessed a charter by John Maxwell of PoUok to James MaxweU of Dargavel
and Elizabeth Fleming, his wife, on the 3d June 1557 ;4 and an instrument in
favour of the same parties, on the 8th November 1560.5 About this time,
John Maxwell got his rental right to Auldhouse converted into a feudal tenure
by the subject superior, and soon afterwards he became a vassal of the Crown.
On the 7th November 1562, he obtained from John Archbishop of St. Andrews,
as Abbot of Paisley, a charter of the church lands of Eastwood, in the regality
of Paisley, and, on the 12th December 1567, another charter of the five-merk
lands of Auldhouse. Both of these charters were confirmed by King James
VI., by charter under the Great Seal, dated 2d June 1572.6 On the 3d April
1574, he was one of the inquest on the service of Thomas Colquhoun, son and
1 Paisley Rental, p. 91. 4 Original Charter at Pollok.
2 Vol. i. p. 313. 6 Original Instrument at Pollok.
3 Paterson's Ayrshire, vol. ii. p. 50. 6 Reg. Mag. Sig. Lib. 33, No. 18.

54 THE MAXWELLS OF AULDHOUSE, 1470-1666.
heir of Margaret Cunninghame, relict of John Colquhoun of Luss, in an annual
rent of twenty-four boUs of oatmeal from the mains of Darnley.1 He appears
to have survived tiU the year 1585, although the latest notice of him which has
been found is about the year 1578, when he gave evidence concerning the heU-
ship goods of Sir John MaxweU of PoUok, and stated that he was then about
fifty years of age and married.2 His wife was Janet, daughter, of Eobert Dun-
lop of Hapland, fourth son of Alexander Dunlop of that Ilk.3 She survived
him, and as his relict, on 3d February 1585, entered into a contract with her
son, John MaxweU, as son and heir of the late John MaxweU of Auldhouse,
with consent of his curators, concerning the provisions to be made for herself,
and her chUdren, Euphame, Christian, Patrick, Helen, and William. It was
agreed that she should have a year's crop, and the hferent of the thUd of the
five-merk land of Auldhouse, and that the above-named sons and daughters
should receive from their elder brother 100 merks each.4 As reUct of John
MaxweU of Auldhouse, Janet Dunlop also paid a sum hi fuU of an annual
rent of 12 merks secured over Auldhouse, to Janet Hamilton, relict of John
Stewart of Drumgrane, on the 27th February 1586. To the receipt for this
payment one of the witnesses is her son, "Johne MaxveU of Auldhous."5
By his wife, Janet Dunlop, John MaxweU had four sons and three daughters :
1 . John, fifth of Auldhouse.
2. George, who succeeded his brother John in Auldhouse.
3. Patrick ; 4. William ; 5. Euphame ; 6. Christian ; and, 7. Helen, who are all provided for
by the above-mentioned contract. Of Patrick, the third son, and his descendants, a pedigree
will be found near the end of this volume.
XV. (1.) — John Maxwell, Fifth of Auldhouse, 1584-1620,
Succeeded his father in Auldhouse about the year 1585. On the 3d of Feb
ruary of that year, he, with consent of his curators, entered into a contract
with his mother, binding himseU to make the provisions for her and his brothers
and sisters already mentioned. Agam, on the 27th February 1586, he wit
nesses the receipt by Janet HamUton, relict of John Stewart, aUeady referred to,
in which he is designed " son to the said Janet Dunlop," and subscribes " Johne
1 Vol. i. p. 308. 4 Copy Contract from the Commissary Books of Glas-
* Vol. i. p. 313. gow, at Pollok.
3 Patereon's History of Ajrshire, vol. ii. p. 50. 5 Original Receipt at Pollok.

MR. GEORGE MAXWELL, SIXTH OF AULDHOUSE, 1600-1648. 55
MaxveU of AuldUous, as vitnes."1 He appears to have died without issue, as
his immediate younger brother, George, succeeded to the famUy estate of Auld
house. XV. (2.) — Mr. George Maxwell, Sixth of Auldhouse, 1600-1648.
Janet Miller, first wife, died c. 1620.
Jane Mure, second wife, died c 1630.
Janet Douglas, third wife, died after 1655.
Mr. George MaxweU was second son of John MaxweU fourth of Auldhouse.
He was educated for the Presbyterian Church, and became minister of Mearns
— a parish of which his ancestors were in early times the principal proprietors.2
When he was settled at the manse of Mearns, the old castle of Mearns was
stiU inhabited by the Lords Maxwell ; and before the end of his incumbency,
his grandson, Sir George MaxweU, became the feudal Lord of Mearns, as suc
cessor to his cousin, Sir John MaxweU of Pollok.
It was probably this Mr. George MaxweU who, as a member of Presbytery
for Paisley, sat in the Assembly at Glasgow in June 1610, when it was com
plained that the influence of Synods and Presbyteries was on the wane, through
the negligence of the members thereof ; but he does not appear ever to have
taken a prominent part in ecclesiastical or other public business.3
Being a near relation of the famUy, and residing aU his life at Mearns, in
their immediate neighbourhood, Mr. George MaxweU would naturaUy associate
much with his cousins at PoUok ; and that he did so appears from numerous in
struments preserved at PoUok, to which the worthy minister of Mearns is a party.
Two years before his death, Mr. George MaxweU had the satisfaction of
seeing his grandson, SU George MaxweU, provided to PoUok. Mr. George
MaxweU was himself the next heir-male to Sir John Maxwell of PoUok, who
died in 1647, and would have been entitled to succeed to the PoUok estates,
which were settled on heirs-male. But as he was far advanced in years, and
a beneficed clergyman, unversed in the management of large estates, and as his
eldest son, Mr. John MaxweU, was also a clergyman, and somewhat embarrassed
in his circumstances, it was considered advisable to propel the succession to his
1 Original receipt at Pollok. 3 Calderwood's History ofthe Kirk of Scotland, Wod-
2 Crawfurd's Renfrewshire, Robertson's edition, p. 288. row Society edition, vol. vii. pp. 106-108.

56 THE MAXWELLS OF AULDHOUSE, 1470-1666.
eldest son, Mr. George MaxweU, who was young, highly educated, an active man
of business, and weU qualified to represent the ancient house of Pollok.
On the 17th February 1648, Mr. George MaxweU granted a discharge to SU
George of his liferent of the lands of Auldhouse, and of an obligation to make
forthcoming the title-deeds thereof.1 This is the last business transaction with
which he is found connected.
Mr. George MaxweU died in November 1648, and his testament was given
up by Eobert HamUton of Brigend of Partick, who, by gift of Bang Charles
IL, dated 21st December 1649, was appointed tutor-dative to George, Hew,
Gabriel, David, and Eobert Maxwell, chUdren of the deceased, who were then
pupUs.2 " The insycht of the house, etc., with the abuUzementis of the defunctis
bodie, disposed upone be Jonet Douglas, relict of the defunct," were estimated
at £266. The testament was confirmed on 15th February 1651.3
Mr. George MaxweU married, first, Janet, daughter of John MUler of
Newton, and GUes, his wife, daughter of PoUok of that Ilk ; secondly, Jane,
daughter of WiUiam Mure of Glanderston ; she died after 8th January
1621. James, second Earl of Abercorn, by bond dated 21st March 1625,
obhged himself to grant a presentation to the church of Mearns to any of the
chUdren of Mr. George MaxweU and Jane Mure, on account of the love and
favour which his lordship had to their parents.4 Mr. George MaxweU married,
thndly, Janet, daughter of Douglas of Waterside, in the county of Dumfries.
She survived him, and went to Ireland in 1655. On the 12th January
1650, Eobert Hamilton, as tutor-dative to her chUdren above mentioned,
granted a procuratory for requUing her to send her sons, George and Hew, to
the place of Nether Pollok, where he had appointed them to be entertained,
with certification that if she refused, she should have no recompense for their
subsequent entertainment.5 On the 2 2d October 1653, John Thomson in
Eysland, granted a discharge to Sir George MaxweU of PoUok for forty merks
on behalf of Janet Douglas, relict of George MaxweU of Auldhouse.6
By his three wives, Mr. George MaxweU had nine sons and one daughter : —
1. By Janet Miller —
1. John, seventh of Auldhouse.
1 Original Discharge at Pollok. 3 Commissariot of Glasgow, Testaments, vol. 28, p. 552.
2 Vol. i. p. 339. The pupils are named in the gift in l Original bond at Pollok.
the same order as in the will, except that in the former 6 Original Procuratory at Pollok.
Robert is named before David. 6 Original Discharge at Pollok.

MR. GEORGE MAXWELL, SIXTH OF AULDHOUSE, 1600-1648. 57
2. By Jane Mure —
2. William Maxwell, advocate, ancestor of the Maxwells of SpringkeU, Baronets ; an account of
whom will be found after the charters in this volume.
3. George, who was apprenticed to Patrick Forbes, merchant in Edinburgh, on 23d January
1622. This apprenticeship was discharged in the following year, on 2 2d July. George
died before Martinmas 1642, as appears from a list of debts, in which Mr. William
Maxwell is entered as a creditor for 1000 merks, " be deceis of his brother George." 1
4. Alexander, who, with his brother John, witnessed the infeftment in favour of John Maxwell,
son and heir of the late Patrick Maxwell, burgess of Glasgow, in an annualrent out of
Pollok on 9th November 1642.2 No later notice has been found of Alexander, who seems
to have died young and unmarried.
5. Patrick. William and Patrick Maxwell, designed " lawful sons of George MaxweU of Auld
house," are witnesses to the infeftment of John, eldest son of Patrick Maxwell, burgess of
Glasgow, in an annualrent from Pollok on 21st September 1624.3
6. James, who was minister of Kingarth in 1639.4 John Lord Herries, and Eobert Master of
Herries, granted a bond of corroboration to Mr. James Maxwell, minister at Kirkganehame,
dated 20th September 1655. Sir Patrick Maxwell of SpringkeU indorsed on this bond
as follows : — "This is due to me, as my uncle, Mr. James' heir and executor."5 James
had therefore died without issue.
7.  Maxwell, daughter, who is referred to as the aunt of Dr. John Maxwell, brother of Sir
George Maxwell, in a letter by the former to hira, dated London 5th May 1662. The
Doctor writes that he is more indebted to Sir George " and to my aunt, nor I am to my oune
father and mother."6
3. By Janet Douglas —
8. George, who, with his four younger brothers, is mentioned in his father's will dated November
1648, as already noticed. On the 5th November 1649, he witnessed a bond by Janet
Douglas, his mother, as his father's widow ;? and on the 21st January 1655, he granted to
Eobert Hamilton, at Mearns Castle, his tutor, a discharge for all sums due to him. On the
29th of October of the same year, he discharged his curators, John Maxwell of Southbar,
and William Anderson, portioner in Newton, of their intromissions for him and his younger
brothers above named; and, on the 31st of the same month, having become of age since
the 29 th of January preceding, he granted to Sir George MaxweU of Pollok a simUar dis
charge.8 George Maxwell subsequently went to Ireland. He was at Strabane on 1st
December 1656, as appears from a letter then written by him,9 and the last notice found
of him is another letter addressed, like the former, to his nephew, Sir George MaxweU of
Pollok, from Dublin, on 2d October 1657, in which he states that he had agreed with
one Mr. Wallis, Olerk of the EoUs of the High Court of Chancery, for a year.10
1 Original List at Pollok. Also, Dean of Guild 7 Original Bond at Pollok.
Records of Edinburgh, and Record of Deeds. " Original Discharges at Pollok.
2 Original Instrument at Pollok. 3 Ibid. 9 Original Letter at Pollok.
4 Extract Bond at Pollok. 10 Original Letter at Pollok. On 9th July 1679,
' SpringkeU Inventory Book. Sir John Maxwell of Pollok, afterwards Lord Pollok,
6 Original Letter at Pollok. wrote to Mr. Maxwell of Drumbeg as his "eousing."
VOL. I. H

58 THE MAXWELLS OF AULDHOUSE, 1470-1666.
9. Hugh, of Dalswinton. A notice of him and his descendants will be found in the Dal
swinton branch, after the Charters.
10. Gabriel, mentioned in his father's wiU in November 1648, and in the gift of tutory-dative
of 21st December 1649. Gabriel and David MaxweU, brothers-german of Hugh MaxweU,
writer in Edinburgh, witnessed an infeftment of Pollok in favour of the University of
Glasgow, on 2d October 1658.1
11. David, whose name appears in the same writs as that of his brother Gabriel. He entered
the mercantile service on board the " Great Haulk" of Tounsberg, in HoUand, to learn
the art and trade of navigation during three years from 10th July 1661.2 No subsequent
notice has been found of David.
12. Eobert, who is mentioned in the same deeds as Gabriel and David. In the tutory of 1649,
he is named before David, and he may have been the elder of the two. On 5th October
1658, he granted a discharge to Eobert HamUton and Sir George Maxwell for aU sums
due to him.3 No further notice has been found of Eobert.
" Out of pitie," and for the special love and respect he had to Janet Douglas,
his grandfather's widow, and then five young boys, SU George MaxweU of
PoUok aUowed her 700 merks yearly, for theU education and quaUfying them
for suitable vocations.4
XVI. — Mr. John Maxwell, Seventh of Auldhouse, 1634-1666.
Elizabeth Stewart, 1621-1662.
John MaxweU, the eldest son of Mr. George MaxweU, obtained posses
sion of the lands of Auldhouse long before his father's death. Like his father,
he was educated for the Church, and about the year 1620, became minister
of the parish of PoUok or Eastwood, where he continued to labour tiU 1630,
when he was translated to the High Church of Glasgow. The earliest notice
of him amongst the famUy papers is on the 16th March 1620, when, under the
designation of minister of Eastwood, he witnessed a lease by the CoUege of
Glasgow to SU John MaxweU of PoUok, and Grizell BlaU, his spouse, of the
teinds of PoUokshiels and others.5 The year foUowing, Mr. John Maxwell
married EUzabeth, daughter of James Stewart, tutor of Ardgowan ; and theU
marriage-contract, to which his father, Mr. George MaxweU, minister of Mearns,
is a consenting party, is dated 8th January 1621. Elizabeth's tocher was 3000
— [Copy letter at Pollok.] Thomas and William Max- 1 Original Instrument at Pollok.
well wrote from Strabane in 1680, to their brother and a Original Indenture at Pollok.
uncle respectively, Mr. James Maxwell of Drumbeg, 3 Original Discharge at Pollok.
near Lisnegarvy. — [Original letters at PoUok.] It is * Copy Obligation at Pollok.
probable that these Irish Maxwells were descended of 6 Original Lease at Pollok.
Auldhouse.

MR. JOHN MAXWELL, SEVENTH OF AULDHOUSE, 1634-1666. 59
merks, and Mr. George Maxwell became bound to infeft John, his son, and
Elizabeth, in conjunct fee, and the children of theU marriage, in the lands of
Auldhouse, and the kUkland of Eastwood, caUed Broomfield.1 On the 14th
April 1625, being stiU minister at Eastwood, John witnessed a submission to his
father and others, by John Lord Loudoun, and Sir John MaxweU of Pollok :2 and
on the 20th May 1631, under the designation of minister at the High Church of
Glasgow, he granted a bond to his father, taking on himself haU the expense of
some proposed buddings on Auldhouse as already mentioned.3 On the 4th June
1634, he and his wUe, Elizabeth Stewart, obtained sasine from his father,
George Maxwell, of tUe lands of Auldhouse, in terms of their marriage-contract.4
Whilst at Glasgow, Mr. Maxwell held several offices in addition to
his charge as minister of the High Church. On 6th July 1632, he was elected
Dean of Faculty of the University, which office he held untU Ue was appointed
to the higher one of Eector in 1636. 5 On the 6th July of the same year, in the
capacity of Eector, he gave his consent to the submission between Eobert
Viscount of Belhaven and the College, concerning the teinds of Gorbals and
Brigend.6 On the 25th January 1637, he, as Eector, signed the commission
by the CoUege to Dr. John Strang, the Principal, to appear before the Lords of
Privy CouncU, and inform them on the state of the University, in obedience to
their letter of the 16th of that month.7 Mr. Maxwell's son, SU George, and
his grandson, Lord PoUok, were also Eectors of Glasgow University for many
years. The office was thus held by three successive generations of that famUy.
In the year 1639, Mr. MaxweU, having become involved in pecuniary diffi
culties, conveyed Auldhouse, with consent of his wUe, Elizabeth Stewart, to his
brother, Mr. WUliam MaxweU, advocate, for behoof of himseU and the other
creditors ;8 and shortly afterwards, owing to the troubles in the Scotch Church,
he passed over to Ireland, where he was on 28th March 1640.9 On the 2d of
that month, " Bessie Stewart," his wife, got a sum of money for " transporting "
of her to Ireland to her husband.10 His kinsman, the Viscount of Clandeboy,
made him parson of Killyleagh, the place of his own residence, where he con-
1 Original Contract at Pollok. s Ibid., vol. i. p. 256.
2 Original Submission at Pollok. 7 Ibid., vol. i. p. 266.
¦' Original Bond at Pollok. 8 Original Disposition at Pollok
4 Original Instrument at Pollok. " Original Apprising at Pollok.
5 Munimenta Universitatis Glasguensis, vol. iii. p. 351. l0 Original Receipt at Pollok.

60 THE MAXWELLS OF AULDHOUSE, 1470-1666.
tinued tiU about the year 1'643, when, on the breaking out of the Irish rebel-
Uon, he was induced to return to Scotland. He resided for some time at Paisley,
whence he often resorted to his chief, SU John MaxweU, at PoUok,1 and no doubt,
also, to his father at Mearns. About the year 1643, Mr. MaxweU having now
modified his dislike to the Covenant, was appointed a second time minister of
Eastwood. Under that designation, he witnessed the contract of marriage be
tween his son, George Maxwell, fiar of Pollok, and AnabeUa Stewart, in
1646,2 and the last will and testament ofhis chief, SU John Maxwell of PoUok,
on the 28th October 1647.3 On the 1st November 1648, he and his son, Sir
George Maxwell of PoUok, entered into a contract with his brother, Mr. Wil
liam Maxwell, advocate, afterwards of SpringkeU, concerning the re-conveyance
of Auldhouse.4 Mr. John Maxwell was suspected by the Covenanters of a leaning .
to the Episcopal form of government ; and he was ordered by the General
Assembly to give a particular renunciation of Episcopacy. Although a clergy
man in the Presbyterian Church, he seems never to have been very zealous for
the Presbyterian form of government. It is said that he might have been
made a bishop after the Eestoration : but he declined the office, being very
aged.5 On account of the infirmity of age, he resigned the living of Eastwood
before the year 1652, when Mr. Hew Smith was appointed his successor.6
On the 10th March 1658, the Presbytery of Paisley ordained the heritors to
refund to Mr. Maxwell the sum of 620 merks Scots, expended by him in re
pairing the manse of Eastwood.7 Mr. MaxweU received from his son Sir
George an annuity payable quarterly. The last payment which has been traced
is on 9th August 1666, for the Lammas quarter of that year.8 It is presumed
that Mr. MaxweU died soon afterwards. Elizabeth Stewart died about June 1 6 62.9
Mr. John Maxwell and Elizabeth Stewart had six sons and three daughters.
The eldest and second sons were —
1. Sir George Maxwell of Pollok, of whom a Memoir immediately follows.
2. Zacharias of Blawarthill. An account of him wiU be found under the Blawarthill branch,
after the charters. FoUowing that branch, there is an account of the four younger sons
and the three daughters of Mr. John Maxwell of Auldhouse.
1 Original Charge at Pollok, dated 9th January 1643. 7 Extract Act of Presbytery at Pollok.
2 Original Contract at Pollok. 8 Account Book at Pollok.
" Vol. i. p. 337. 9 Account Book at Pollok, containing an entry, on
4 Original Contract at Pollok. 26th June 1662, by Sir George Maxwell, of the pay-
6 Notices of Mr. Maxwell by George Crawford, M.S. ment of £44, 18s., as part of the expenses of his mother's
6 Crawfurd's Renfrewshire, Robertson's edit., p. 276. burial.

61

THE MAXWELLS OF POLLOK, 1647-1863.
XVII. — Sir George Maxwell, fourteenth of Pollok, 1647-1677.
Anabella Stewart, his wife, 1646-1690.
On the death of Sir John MaxweU of Pollok, in 1647, his estates devolved
upon Mr. George Maxwell, tUe eldest son of Mr. John Maxwell of
Auldhouse, who was the seventh in descent from Thomas, a younger
son of the house of Pollok, who, as we have seen, founded the
famUy of Auldhouse, in the latter part of the fifteenth century.
The mode in which the estates of Pollok were conveyed to Sir George has been
already explained. Although Sir George was not reaUy the head of his
famUy until the death of his father in 1666, he took up that position imme
diately on the death of SU John in 1647, and soon obtained a prominent place
amongst the barons and proprietors of the west.
In the year 1646, Mr. George MaxweU married AnabeUa, daughter of Sir
Archibald Stewart of Blackhall. Their contract of marriage is dated 23d
November and 24th December 1646. By it Mr. George Maxwell, with con
sent of SU John MaxweU of PoUok, binds himself to infeft AnabeUa Stewart,
his future spouse, in liferent, in the lands of Cartsbridge, Blackhouse, Burnhouse,
and Broom, and in the castle, tower, fortalice, and mains of Mearns. It was
also agreed that the heUs-male of the marriage should succeed to Mr. George
Maxwell in his whole lands and estates of PoUok, Haggs, Cowglen, Over
Darnley, and the lands and barony of Mearns. And as all his lands were thus
provided to hens-male, he became bound, if there were no heUs-male of the
marriage, to pay to the daughters of the marriage, at the age of sixteen, or
on theU marriage, the sum of 20,000 merks Scots, if only one daughter; if two
daughters, 15,000 to the eldest, and 9000 to the youngest; and if more than
two, 30,000 to be divided amongst them, the eldest to have 15,000 thereof.
The tocher of AnabeUa Stewart was £12,000 Scots.1 Besides succeeding to
Sir John in his heritable estates, SU George was appointed the sole executor of
1 Original Contract at Pollok.

62 the maxwells of pollok, 1647-1863.
his personal estate, and, with Sir WUliam Cochrane, afterwards Earl of Dun-
donald, acted as tutor to Isobel MaxweU, SU John's only chUd. 1
Although the succession of SU George Maxwell was perfectly natural,
and had been carefully considered and anxiously provided for by his prede
cessor, it gave great offence to SU James Maxwell of Calderwood, also a branch
of the Pollok family, but more remote than that of Auldhouse. SU James
had endeavoured to prevaU on Sir John to adopt his brother, Colonel John
Maxwell, as his successor in PoUok,2 and he was warmly supported in this object
by an influential lady — Ann Cuninghame, Marchioness of HamUton, a neigh
bour and relative of Calderwood. Their efforts were unsuccessful, and in his
disappointment, Sir James vowed vengeance on SU George. Taking advantage
ofhis absence from home, SU James and his accomplices, in November 1647,
attacked the mansion-house of Pollok, and attempted to set fire to it. The
circumstances are fully narrated in the charge against Sir James, which states,
that Sir James Maxwell of Calderwood, with. James Stevenson of NidrismiU,
and a great number of other armed accomplices, attacked the place of Nether
PoUok m the month of November 1647, whUst Sir George MaxweU was in
Edinburgh on business ; that they were provided with forehammers, mattocks,
gavelocks, and other instruments for breaking open the doors and gates, and
were fully armed, " ilk ane of them boddin in feU of wen," with swords, pistols,
and muskets. They made then attack before dawn, broke open the gates with
their hammers and mattocks, and entered the house with drawn swords, cocked
muskets, and pistols in their hands, threatening to kill all that attempted to
flee or resist, to the great terror of all that were in the house, " especially of
Sir George's lady, who was at that tyme grit with chyld, and neir the tyme
of her delyverie, and to the grit hazard and danger of hir lyff." The assaUants
farther set fire to and burned down several of the under doors of the nether
house, and placed armed sentries at aU the gates and passages, so that no one
could get out or in without the said SU James Maxwell's permission ; and so
were guUty not only of the crime of hamesucken, but also of that of open and
avowed treason and fire-raising.3
Criminal letters were raised by SU George Maxwell against James Steven
son, who appeared before the Court of Justiciary at Edinburgh on the 15 th
1 Vol. i. p. 337. 2 Original Letter at Pollok. s Original Charge, dated 2d March 1648, at Pollok.

SIR GEORGE MAXWELL, FOURTEENTH OF POLLOK, 1647-1677. 63
June 1648, declared his innocence of the whole charges, and offered himseU to
the trial of the law for the same, and for the relief of his cautioner, Thomas
Weir of Garrelwood. As no party appeared to produce the letters against
him, Uis protestation of innocence was admitted, and his cautioner relieved.1
This attack upon the house of PoUok seems to have led to an assault upon
Sir James himself. On the 29th February 1648, Ludovick Stewart in Dame-
ley, on the Pollok estate, was tried in the Court of Justiciary at Edinburgh
for coming with his accomplices, under sUence and cloud of night, in
November 1647, to the Place of PoUok-Maxwell, and laying violent hands
on Sir James Maxwell of Calderwood, and making him a prisoner, taking from
him a bond for 1000 merks made to him by his creditors, carrying him to
Paisley, and detaining him a prisoner there for eleven days and nights. John
MaxweU, advocate, appeared as procurator for SU James MaxweU, and SU
George Maxwell of Pollok appeared as prolocutor in defence of Ludovick
Stewart. The, diet was continued to the 21st June, and again to the 14th
of July, Ludovick's cautioner, Archibald Stewart of Scottiston, being on each
of these occasions held bound for his appearance. Ludovick Stewart did not
appear on the 14th July, and the diet was again continued to the 15 th of
November foUowing, and his cautioner held bound for his appearance at that
date. On the 1 5th of November, neither Ludovick Stewart nor his cautioner
appeared, and the former was then denounced rebel, and the latter outlawed.2
These violent measures were foUowed by proceedings in the supreme
CivU Court, by which SU James Maxwell attempted, but unsuccessfully, to
dispossess Sir George of the PoUok estates.
SU George was a steadfast Covenanter, and took a prominent part
in the religious struggles which agitated Scotland in his time. One of his
earliest public appearances was in the General Assembly which met in July
1648. Most of the members of this Assembly were avowedly elected for then
known zeal for the Covenant, and then no less patent opposition to the Engage
ment, then the great question of the day.3 Sir George Maxwell was also one
1 Books of Adjournal, 1637-1650, p. 608. made a report to the Committee of officers at Leitb. —
2 Books of Adjournal, 1637-1650, pp. 585, 700, 701, [Original at Pollok.]
711, 722. The case between Sir James Maxwell and 8 Baillie's Letters and Journals, vol. iii. p. 54. Edi-
Ludovic Stewart was afterwards referred to Sir George tion of 1842.
Maxwell and others. On 1st March 1652, Sir George

64 THE MAXWELLS OF POLLOK, 1647-1863.
of the commissioners for EenfrewshUe, in the Parliament which met at Edin
burgh in January 1649.1
After the defeat of then army by Cromwell at Dunbar, the strength of
the Covenanters was paralysed for a time. Leslie resolved to give up his
command, and there was no one competent to supply his place ; statesmen
and generals were wavering and divided, and CromweU was advancing
with the country apparently at his mercy, when Sir George Maxwell and
other gentlemen, and some ministers in the western counties, met at Kil
marnock, and resolved to offer to the Estates to raise at theU own charge
a large force of horse and foot, amounting at least to 4000 strong. SU
George Maxwell, Mr. Patrick GiUespie, and the Land of Glanderston, pro
ceeded to Stirling, and laid this resolution before the Committee of Estates.
Their offer was accepted, and an act of State passed in their favour. The
forces were raised and officered accordingly.2 This Western Army, as it was
styled, so far from repaUing the breaches which aUeady existed, became the
occasion of new divisions and disputes, civU and religious. Its leaders got into
difficulties with Cromwell and with the Committee of Estates, and applied to
Sir George Maxwell to negotiate with both parties. On the 9th October
1650, the victorious CromweU wrote to the Committee of Estates and to the
Western Army, deploring the calamities of war, lamenting the rejection of the
overtures which, with a Christian affection, he had made to them before any
blood was spilt, and calling upon them now to give the State of England that
satisfaction and security for their peaceable and quiet living which might in
justice be demanded of them.3 A committee of the army met to consider this
document, and resolved to return no public answer, because they thought that
the Committee of Estates, to whom a duplicate had been sent, could best
answer it. At the same time, it was determined to send privately to Cromwell
an answer, peculiarly national, in the shape of six queries, which SU Georo-e
MaxweU was directed to communicate to him.4
Their difficulties were more serious with the Committee of Estates, in
whose hands Charles now was, and by whom his movements were regulated.
After the " start," as Charles' attempt to escape out of the hands of the Cove-
1 Balfour's Annals, vol. iii. p. 381. s Cromwell's Letters and Speeches, vol. ii. p. 76.
2 Baillie's Letters and Journals, vol. iii. p. 112. 4 Balfour's Works, vol. iv. p. 135.

SIR GEORGE MAXWELL, FOURTEENTH OF POLLOK, 1647-1677. 65
nanters was termed, the Western Army, and a large section of the Scotch
Covenanters, lost all confidence in the sincerity of his adherence to the Pro
testant religion and to the Covenant. The Committee of Estates, however,
were yet disposed to trust and support him, without any additional pledge of
sincerity, and this led to a spirited remonstrance on the part of the western
forces, of which SU George Maxwell was the bearer. Although this remon
strance was issued only in the name of the commanders, gentry, ministers,
and army, denominated the Western Forces, it nevertheless embodied the
views of all the more earnest of the Covenanters. It blamed the Estates
for undue haste in the negotiations which had taken place with Charles II.
from the beginning, and specially censured the perseverance in these nego
tiations, after his Majesty had rendered it manifest to all that he was ab
solutely an enemy of the covenant and of true religion. It further urged,
that as his Majesty had broken faith with them, by commissioning the Marquis
of Montrose to invade the kingdom, at the very time that he was entering
into a treaty with them ; that as he had shown himself to be an enemy of true
religion, by keeping up a correspondence with notorious enemies of the work
of reformation while abroad ; and that as he had proved himseU an enemy of
the covenant and kingdom, by refusing to sign the declaration presented to
him by the Estates, till he was, as it were, compelled to do so ; therefore, it
was now necessary for them to disclaim all guUt and sin of the Kmg and his
house, and declare that they could not own him and his interest in the state of
the quarrel between them and the enemy, against whom, if it was the Lord's
wiU, they were ready to hazard theU lives. And finally, it called upon the
Estates yet to remedy matters, by removing from the army, and from all places
of trust, those who were not qualified according to the principles ofthe Covenant.1
This remonstrance was communicated to the Estates by Sir George Max
weU, and was produced and read before theU committee at StUling on the 2 2d
October 1650. It gave great offence to the dominant church party, greatly
widened the breach between them and the remonstrants, and led to a schism
in the Church of Scotland. A Commission of Assembly, composed chiefly of
members favourable to King Charles, met at Perth in December following, and
so far from purging the army as recommended by the remonstrants, passed
1 Balfour's Works, vol. iv. pp. 141-160.
VOL. I. I

66 THE MAXWELLS OF POLLOK, 1647-1863.
resolutions enabUng even avowed malignants not only to serve in the army,
but to hold positions of the highest mUitary command. The result was a
schism in the Assembly of St. Andrews and Dundee of July 1651, when those
who adhered to these resolutions were termed Eesolutioners, and those Avho
protested against them, withdrew and formed themselves into a separate Synod
or Assembly, under the name of Protesters.1 Sir George MaxweU, true to his
principles, adhered to the Protesters, and took a prominent part in aU their subse
quent proceedings.2 In 1 6 5 5, he and Mr. Patrick Gillespie endeavoured to bring
about a reunion of their party with the Eesolutioners, but without success. In
the following year, he endeavoured to get himself elected commissioner for the
Sheriffdom of Ayr and Eenfrew, in order to promote the interests of the Pro
testers with Cromwell. He was, however, defeated in this, through the influ
ence of Lord Cochrane.3
The Protesters could not have been an unpopular party, for at the election
of the Eector of Glasgow University in 1654, SU George was the successful
candidate, his opponent being his friend and neighbour, the Laird of Glander-
ston; and he was re-elected in the year 1655, and the four foUowing years.
There is no notice of an election in the year 1657, but it seems probable that Sir
George performed the duties of the office during that year also. The records
of the University bear ample testimony that he paid the strictest attention to
his official duties during his Eectorship.4 WhUst he was Eector, he was on
terms of intimacy with Professor, afterwards Principal Baillie, one of the lead
ing churchmen in the opposite section of the Covenanters, though himseff still
adhering firmly to the interests of the Eemonstrants or Protesters.
In 1661, Sir George endeavoured to get new commissioners for the western
1 Baillie's Letters and Journals, vol. iii. p. 185. himself never to meddle in it nor the like hereafter ;
' Baillie's Letters and Journals, vol. iii. p. 246. The therefore, the King's Majesty and Committee of Estates
statement that Sir George adhered to the Protesters, do, conforme to the Act of Parliament of the 4th of June
is attested by his uniform and consistent conduct, instant, declare the said Sir George Maxwell now to
and notwithstanding of a document bearing that, have, and that he shall enjoy the assurance granted be
on 23d June 1651, a declaration was made by the the Estates of Parliament, and that he shall be free and
King and Committee of Estates at Stirling, which nar- unquestioned in his person, estate, and name for his ae
rates that Sir George Maxwell had appeared personally cession to the said Remonstrance. — [Original Declara-
before them, and under bis hand disclaimed the Remon- tion at Pollok.]
strance presented to the Committee of Estates in the 3 Baillie's Letters and Journals, vol. iii. pp. 276, 322.
month of October last, in name of the gentlemen, offi- 4 Ibid., p. 244. Munimenta Universitatis Glasgu-
cers, and others attending the Western Forces ; and that ensis, vol. i. pp. 348, 349, 351 , 356, 362, 372 ; and vol.
he had acknowledged his offence therein, and obliged iii. pp. 578, 580.

SIR GEORGE MAXWELL, FOURTEENTH OF POLLOK, 1647-1677. 67
shires, who would be more favourable to his party. He and his friends not
liking Glencairn's employment, says BaiUie, they spoke of Lauderdale and
Crawfurd ; but their design was Lockhart and the Eemonstrators.1 Glencairn
had been elected on the 25th January 1660, and his commission and relative
instructions were signed on the 26 th of the same month. Sir George was dis
satisfied with the election from the first. He thought the proceedings had been
too hurried, and agreed to sign the instructions only on condition that they
were not to be held as havmg his consent, unless first reported to the shUe, and
he heard thereon.2
The line of conduct which Sir George felt it his duty to pursue with re
gard to the King and the Covenanters, rendered him liable to the charge of
disloyalty at a most dangerous time, just after the restoration of Charles II. ,
and within a few months of the time when ArgyU, Guthrie, and others suf
fered for theU adlierence to the Covenant and the Western remonstrance,
both of which Sir George had so zealously supported. A charge was accord
ingly raised against him of having said, seven or eight years previously, in the
presence of John MaxweU of Southbar, and James Stewart of ChrystweU, and
James Stewart of Caversbank, that CromweU had as good if not a better right
to the crown than Charles Stewart.
But John MaxweU of Southbar declared that he considered hUnseU bound,
as a Christian and a friend, to vindicate SU George's good name ; and that
though he were going to death, he would declare that neither then, nor
at any other time, did he ever hear SU George use any such words, or
mention the King's name otherwise than honourably ; whilst James Stewart of
Caversbank also declared, faithfully and truly, that he never heard SU George
either use any such language, or ever say anything to the advantage of the
Usurper, or the disadvantage of the King.3
Although this charge did not involve Sir George in any unpleasant con
sequences, he was not aUowed to escape entirely unscathed for his proceedings
with regard to the Covenant, and for the course which he had followed during
CromweU's usurpation. Immediately on the restoration of Charles II. an Act
of Indemnity was passed for England and Ireland, containing no exceptions
but those usual in such Acts. But it was only long afterwards that the in
demnity was extended to Scotland. This delay was occasioned by the differ-
1 Baillie's Letters and Journals, vol. iii. p. 446. ' Vol. ii. pp. 291, 293. a Vol. ii. p. 295.

68 THE MAXWELLS OF POLLOK, 1647-1863.
ences between the advisers of Charles as to the terms of the Act to be passed.
Lauderdale and Middleton were then rivals for supremacy with the King.
These statesmen wished the Act to be framed not so much for the good of the
country, as for its bearing on their own individual interests. The former was
for an entUe indemnity, whUe Middleton wished exceptions, and his advice
prevailed. The general Act was passed on 9th September 1662, and a separate
Act was at the same time passed containing exceptions. This Act of excep
tions deprived the general Act of its value. It was generaUy called the Act
of Fining, and it was put into execution most rigidly. A committee was
appointed by Parhament to fix upon the persons to be fined, and to settle the
amount of their fines, being at the same time solemnly bound not to disclose
the names of any of the persons fixed upon before the Act had actually
passed the House. The ostensible ground on which this Act was attempted
to be based was, that the fines therein imposed were necessary for the rehef
of the King's good subjects, who had suffered in the late troubles. But it was
beUeved by many that the real object of Middleton, its chief promoter, was to
obtain for himseff and his friends the money thereby raised, as well as the
estate of Argyle, with the addition of the title of Duke. Be this as it may,
the Act was passed, and 700 or 800 noblemen, gentlemen, and burgesses, were
indiscriminately fined in the sum of one million, seventeen thousand three
hundred and fifty-three pounds six shillings and eight pennies Scots ! SU George
Maxwell was amongst the victims, and was fined to the amount of £4000. 1
Great efforts were made to get him relieved of this ,fine. Lauderdale,
one of the most influential men at Court, was his true friend, and exerted
himself in his favour ; but Middleton, who was no less powerful, was a known
enemy of Lauderdale, and but a doubtful friend of Sir George, and the fine
was not abated.2
This was not the only trouble of a simUar nature which overtook Sir Georo-e
MaxweU at this time. Although this and simUar fines were imposed for the
remuneration of those who had suffered damage during the civU wars, there re
mained numerous claims for reparation, several of which were directed speciaUy
against Sir George. Thus, a claim, which seems quite groundless, was made
1 Acts of Parliament, vol. vii. pp. 415, 420 ; Laing's 2 Vol. ii. pp. 299, 304, 305. Original Discharge,
History, 3d Edition, vol. iv. p. 25 ; Roll of Fines at Pol- dated 1st February 1665, for £2000 Scots, the halfof
lok. Wodrow's Church History, Burns' Edition, Blackie Sir George Maxwell's fine.
& Son, Glasgow, 1832, vol. i. pp. 89, 271, 273, 276.

SIR GEORGE MAXWELL, FOURTEENTH OF POLLOK, 1647-1677. 69
against him for injuries done to the castle and estates of Drumlanrig in the
year 1650. Colonel Gilbert Ker, with an armed force, in the year 1650, had
made an attack on Drumlanrig Castle, burning the gates, wasting the grounds,
and, as was aUeged, ruining the tenants ; and in 1661, Viscount Drumlanrig,
eldest son of the Earl of Queensberry, charged Sir George as one of the number,
though, at the time of the assault, he had been at his own house of PoUok,
and only visited Drumlanrig some time after it had taken place. This was
clearly explained to Lord Drumlanrig by SU George's father-in-law, when the
claim was first made ;J and at the same time, SU George himseff assured the
Viscount that he was not near his house at the time of the attack, but some
scores of mUes off. Some months later (27th July 1661), being questioned
by the Commissioners at Ayr regarding the injuries complained of by the Earl
of Queensberry and his son Viscount Drumlanrig, he declared that he knew
nothing of the marching of these forces into Nithsdale ; that, in company with
some gentlemen from Ayr, he had gone to Sanquhar, where they had lived in
an inn, paying for aU they got ; that there were then no forces in the house ;
that he had gone thence to Dumfries, and stayed eight days ; and then having
left the forces, with a resolution to march into England, had not returned tiU on
his way to Dumfries, when having heard that some gentlemen were in Drum
lanrig, and that the forces were marching to the western parts, he went there,
and remained from eight of the clock at night tiU seven next morning, and
then heard, for the first time, that the gates had been burned some days before.'2
His absence from Nithsdale, however, does not seem to have saved hmi
from fine. Queen sherry's case was taken up by Parliament ; and, on the 29th
March 1661, they agreed to fix the amount of loss sustained and the repara
tion to be made at £2000 sterling, and appointed a committee to meet at Cum
nock, to inquUe as to who were with the army under Colonels Ker and Strachan
at the time of the assault, and to apportion a fine of £2000 amongst the guUty
parties. The committee, consisting of the Earl of Eglinton, Lord Cochrane, and
others, met, and reported to the Council the names of fifty or sixty gentlemen,
who were fined in various sums, Sir George Maxwell's share being £1044, 9s.
Scots. Many of the gentlemen who were fined, were absent, and many out
of the country at the time libelled, but, nevertheless, all were found guUty.3
On 5th AprU 1661, Sir George was surprised by another claim made
1 Vol. ii. p- 297. 2 Copy Declaration at Pollok. 3 Wodrow's Church History, vol. i. pp. 291, 292,

70 THE MAXWELLS OF POLLOK, 1647-1863.
against him by Gavin Cochrane, brother of WiUiam Lord Cochrane, for inju
ries done to their brother, Ochter Cochrane, so far back as the year 1648.
Sir George and the Cochranes, though otherwise good friends, were on oppo
site sides during the civil wars, and in some encounter between the contend
ing parties, Ochter Cochrane had lost a horse, and other gear, as he alleged,
through the fault of SU George's retainers ; and now, many years after, when
the royalists had become the dominant party, reparation was demanded for
the loss then sustained.1 Lord Cochrane, however, to whom Sir George wrote
on the subject, proved reasonable, and the matter was settled by arbitration.2
Again, in 1661, a claim was made by SU James Hamilton for a gift of
Sir George Maxwell's fine, to cover losses alleged to have been sustained by
him in 1649.3 But this was a charge against Sir George, not as a private
individual, but as a leader amongst the Western Covenanters ; and so far as
he was concerned, the claim of Sir James was speedUy quashed by the kind
interposition of friends. Doctor John Maxwell, Sir George's brother, writes to
him from London, on the 25th December 1661, that Sir James HamUton,
one of Sir Frederick's sons, had come to London with two Irish gentlemen
to obtain the fine, but that, with the assistance of Mr. WUliam Maxwell, he
had frustrated this attempt of Sir James HamUton. Mr. Maxwell had written
to a friend of his own in Ireland, to whom Sir James's estate was mortgaged,
and this creditor had warned SU James that U he did in any manner molest
Sir George, he would pursue him in law. This had the effect of making Sir
James ask Mr. MaxweU to intercede with his Irish friend, on condition that
the claim against Sir George was urged no further.4
In the midst of his public business and private troubles, Sir George found
time to make himseff useful to his famUy and friends. He was very intimate with
Eobert second Earl of Nithsdale, and transacted much of his business. In May
1650, the Earl assures him that out of the roU of his best friends he would
never be " deleet," and that, if he had offended him, he would not rest in his
endeavours till reponed in his favour.6 And in February 1654, Elizabeth
Countess of Nithsdale, the Earl's mother, in writing to Sir George, requesting
him to prevent the teinds of the church of Troqueer in Galloway from being
taken out of her son's possession, says, that since she could not have the
1 Vol. ii. p. 300. 3 Vol. ii. pp. 303, 304. s Vol. ii. p. 281.
2 Vol. ii. p. 301. ' Vol. ii.p. 305.

SIR GEORGE MAXWELL, FOURTEENTH OF POLLOK, 1647-1677. 71
Uappiness of seeing him in her own country, she must importune him by
letters, as one of whose wisdom and affection towards herself and her son she
remained most confident.1 SU George was at Edinburgh on the Earl's
business in March 1657 ;2 and again, in June 1657, the Earl wrote to him from
Edinburgh, specially requesting him to come to town without delay, to aid
him in his business then before the Court, as his uncle WiUiam would explain
to him at large.3 About this time, too, SU George, with the Earl's approval,
sold the barony of Mearns, in order to enable him to meet the obligations
under which he had come to his Lordship regarding- the lawsuit between him
and the Countess of Buccleuch.4 Sir George Maxwell also occupied a position
with Charles sixth Duke of Lennox and Eichmond, very similar to that which
he held with regard to Lord Nithsdale. In September 1662, he acquUed
from Uis Grace part of the lands of Darnley ;5 and both before and after that
period managed much of his business in Scotland.6
It might have been for his own advantage to occupy himself with the
affairs of his noble friends, but at the same time Sir George was not unmindful
of the interests of those in more humble cUcumstances. It wUl afterwards be
seen how kindly and warmly he exerted himself in behalf of his brother-in-law,
the Eev. Alexander Jamieson, when ejected from the Uving of Govan. Another
occasion on which his benevolence was mamfested, is related by Wodrow.7
When Sir George, a short time after the execution of Mr. James Guthrie,
the Covenanter, heard that his widow was in want, he caUed for Mr. Lang,
his chaplain, and told him that he had been very uneasy since he had heard
of her straitened circumstances, and that he had little money on hand at the
time. He therefore produced a purse of gold, mostly old Scotch coins, on
which he set a peculiar value as curiosities, remarking, that he would rather
have given double then value in ordmary money, but that he could not, and
would not delay. He gave Mr. Lang the purse accordingly, and sent him
express to Edinburgh with it, along with a letter to Mrs. Guthrie. Mr. Lang,
knowing that the coins were worth 500 or 600 merks, borrowed that amount
in Glasgow, left the gold in pledge, and delivered the money to Mrs. Guthrie.
Some time after, when SU George had plenty of money in hand, Mr. Lang
1 Vol. ii. p. 284. 5 Original Disposition at Pollok.
2 Original Letter at Pollok. 6 Vol. ii. pp. 308, 320.
3 Original Letter at Pollok. ' Wodrow's Analeeta, printed for the Maitland Club,
4 Vol. ii. p. 289. vol. i. p. 305.

72 THE MAXWELLS OF POLLOK, 1647-1863.
told him what he had done, and, to his great delight, went and redeemed
the coins. Besides being subjected to pecuniary fines, SU George MaxweU was now1
to be deprived of his personal liberty. He was cast into prison. No crime
was aUeged against him to warrant such treatment. He was one of the lead
ing Presbyterians in the west, and did not of course comply with the form of
Episcopal Church Government recently established. He was thus obnoxious
to the Church dignitaries who then chiefly ruled Scotland through the High
Commission. This imprisonment of Sir George took place in the beginning of
September 1665. Many other good men, chiefly in the west of Scotland, were
also imprisoned along with him.1 During the first three years we have not
ascertained where Sir George was imprisoned ; but on the 4th August 1668,
he was ordered to enter himself prisoner in the tolbooth of KUkaldy within
eight days, under a penalty of £500 sterling. Next day, however, he was ordered
to StUling Castle.2 Here, it is believed, he continued tUl his final liberation.
Great but unavailing exertions were made at this time, especiaUy by
his warm and zealous friend, Lady Kettleston, to procure Sir George's release.
His enemies represented to the King that he did not consider him his lawful,
sovereign, and would never yield him obedience, and made so many simUar
and equally groundless charges against him, that his Majesty only consented
to his release on his giving a bond ; at the same time declaring, that Sir
George's ambition had carried him, and that, being the head of a faction, and
the main person that kept the rest on, he would never take the bond and him
self be brought off. The King was right as to the course which Sir George
would take, though wrong as to the motives which prompted him. He was
ready to make his loyalty appear by his deeds, whether at liberty or under
restraint, but in conscience he could not take the bond ; and the result was,
that he remained in prison for about two years longer.8
Next year, however, the severity of his confinement was somewhat relaxed,
and, on the 25th February, he was aUowed to proceed to Edinburgh on busi
ness. On the 4th March following, his grant of liberty was prolonged tiU May,
and, on the 5th May, it was extended to June of the same year. This indul-
1 Wodrow's Church History, vol. i. p. 425 ; vol. ii. p. Sir George Maxwell refused to give, was as follows :—
145. " I, A. B., do engage, bind, and oblige myself to keep
2 Ibid., vol. ii. p. 119. the public peace, under the pain of a year's rent of all
3 Vol. ii. pp. 313, 315. The tenor ofthe bond which and whatsomever lauds and heritages pertain to me, to

SIR GEORGE MAXWELL, FOURTEENTH OF POLLOK, 1647-1677. 73
gence may have been the consequence of a petition for release presented to
Lauderdale as Commissioner by Sir George, along with Sir WiUiam Cuninghame
of Cuninghamehead and Sir William Mure of Eowallan. The document is
without date, but it was evidently written about this time. It sets forth, —
" That whereas, being detained more than these four years prisoners, to
our heavy prejudice in our persons, families, and affairs ; and seeing we are,
through the grace of God, stUl resolved to continue in all faithful duty and
loyalty to our dread sovereign, and due respect to the peace and weUare of
the kingdom, may it therefore please your Grace, in consideration of the
premises, to order our releasment ; whereby your Grace shaU not more evidence
Uis Majesty's goodness, and your own affection to his Majesty's service, than
oblige, to aU thankful acknowledgment, your Grace's most humble supphcants
and servants."1 Lauderdale listened favourably to this petition, and ordered the
release of the prisoners. The exact date of Sir George Maxwell's final Uberation
from prison has not been ascertained, but it must have been before the 23d August
1670, as on that date Mr. Hew Barclay, Straban, wrote to him, congratulating him
on his release from the troubles to which he had been so undeservedly subjected.2
In September foUowing, we find SU George, in conjunction with his noble friend,
John Earl of Tweeddale, taking active measures to promote the weUare of his
country, and of the Church.3 Next year he was occupied with the Duke of
Lennox and Eichmond in the management of his AdmUal's clues and other
matters;* and two years after, he assisted the Duchess-Dowager of Lennox
and Eichmond in the settlement of her affairs after the death of the Duke.5
Sir George's troubles, arising from the maintenance of his religious prin
ciples, did not end when he regained his liberty. A severe proclamation
against attending conventicles and other ecclesiastical delinquencies was pub
lished on 1st March 1676, requiring aU magistrates and officers rigorously to
be paid in case I contravene ; and also I bind and ob- Which sums foresaid, I bind and oblige me, my heirs,
lidge me, that these who are, or at any time hereafter executors, and successors, in the case foresaid, to pay
shall be my men, tenants, and servants to me, during the the Commissioners of the Treasury, Treasurer or Trea-
time they shall be men, tenants, and servants to me, shall surer-depute, who shall happen to be for the time, for
keep the public peace,' under the pains respective after- his Majesty's use ; and consent thir presents be regis-
mentioned, to be paid toties quoties, if they, or any of trate in the books of Privy Council." — [Wodrow's
them, shall do in the contrar ; that is to say, of the Church History, vol. ii. p. 94.]
payment of the full value of a year's duty, payable to x Wodrow's Church History, vol. ii. p. 145.
me for the time by the tenant or tenants that shall 2 Original Letter at Pollok.
happen to contravene ; and for my servants in case any " Vol. ii. p. 316.
of them shall contravene, the full value of a year's fee. 4 Ibid., pp. 70, 320. ' Ibid., p. 32.
VOL. I. K

74 THE MAXWELLS OF POLLOK, 1647-1863.
put the laws against them into execution. In accordance with the tenor of
this edict, SU George Maxwell, John MaxweU his son, and Mr. George
Lang, theU chaplain, were summoned to appear before the Privy CouncU, at
Glasgow, on the 21st of AprU following, to answer to the charge of having been
present, during the years 1674, 1675, and 1676, at house or field conventicles,
at least for withdrawing themselves from the public ordinances in their own
parish churches, or at least for marrying, or having had chUdren baptized at
these disorderly meetings, at the least having invited other ministers to invade
pulpits, and assembled people to hear them, and had harboured and corresponded
with Mr. John Welsh and other declared rebels.1 Sir George and his son John,
through the favour of some of the Committee, were not caUed upon at this time
to take the oath, and so escaped the fine, which was fixed at £50 for each
attendance. But so late as the 5th June 1676, there was stiU a process against
SU George, which, as it had not been brought to an issue, the Council then
referred to the Committee for Public Affairs. The result of this process has not
been recorded ; but this is not astonishing, as the character of the Committee
was so anomalous, and its proceedings were so arbitrary, that it seems purposely
to have avoided keeping a full record of its transactions.2
SU George continued actively employed in public affairs and in works of
private benevolence to the very close of his long life, as may be seen from his
curiously minute diary, of which extracts are given at p. 349.3 And that his
influence continued undiminished appears from the fact that, so late as the 20th
July 1676, his presence in Edinburgh was urgently requested by Lord Tweed-
dale, to assist him with his advice in some business for the Duke and Duchess
of Monmouth.4 When in Glasgow on the 14th of October 1676, SU George was seized,
during the night, with a " fiery distemper." On the following day he was taken
to PoUok, where he lingered in severe illness for several months. On the 4th
of January his sickness was very violent. He never afterwards recovered his
health, and he died in the end of AprU 1677.5
1 Original Charge at Pollok. contemporaries, to his having been " bewitched " by
2 Wodrow's Church History, vol. ii. pp. 321, 324. five witches and a wizard, who were all tried, and, with
8 The diaries of Sir George are remarkable for his one exception, condemned to be burned on the Gallow-
confessions, experiences, and practices, as a religious Green of Paisley. This remarkable case was first pub-
man, lished in the year 1685, by Professor Sinclair of Glas-
4 Original Letter at Pollok. gow, in his book entitled, " Satan's Invisible World
6 Sir George's death was attributed, by some of his Discovered." The account was furnished to the Pro-

SIR GEORGE MAXWELL, FOURTEENTH OF POLLOK, 1647-1677. 75
Enough has already been said to show that Sir George Maxwell was an able,
upright, and good man ; and instead of attempting to write a formal eulogium
upon him, we wUl only adduce the opinions formed of him by some of his con
temporaries and intimate friends who had the best opportunity of knowing him.
Thomas Stewart of Coltness, when Sir George's death wTas hourly expected,
wrote to his sister, who had married Sir George's eldest son, that their " genera
tion shall not be witness to the loss of such a person in the west country."1
Jean Lady Strathnaver had received from his son an account of SU George's
last iUness, and in reply thanks him for his goodness in writing her the sad
story of his worthy father's trouble, whose memory, she says, ought to be
sweet to aU vUtuous persons that ever knew him.2 Mr. John Carstares, a
clergyman, speaks of SU George in a letter to his son, as a choice, eminently
accomplished, and renowned father.3
Wodrow, who was minister of the parish of Pollok or Eastwood, says that
the good order preserved in SU George's house, his good servants, and regular
and unaffected family worship, had been the means of the conversion of several
parties ; that the Laird of Camnethan, when a prisoner and confined in Sir
George's house, was thus converted, and that young Calderwood confessed the
same as to himself on his deathbed.4
fessor by Sir George's son, afterwards Lord Pollok. It discoursing with the poor herd, who was a simple
was subsequently republished in tbe " History of tbe stripling iu the ignorance of innocence, I resolved to
Witches of Renfrewshire," Paisley, 1809, pp. 35 et bend my way toward Nether Pollok, in the confident
sea.; and again, in "Tbe Philosophy of Witchcraft," faith that tbe master thereof, having suffered so much
by J. Mitchell and J. Dickie, Paisley, 1839, pp. 158 et seq. himself, would know how to compassionate a persecuted
1 Vol. ii. p. 324. brother. And often since I have thought that there was
2 Ibid., p. 327. something higher than reason in the instinct of this
3 Ibid., p. 334. confidence ; for, indeed, had I reasoned from what was
4 Wodrow's Analecta, printed for the Maitland Club, commonly said — and, alas ! owre truly — that the Cove-
vol. ii. p. 62. nanted spirit was bent, if not broken, I would have
The character of Sir George Maxwell, and his pe- feared to seek the gates of Sir George Maxwell, lest the
culiar mode of relieving the wants of the suffering love he had once borne to our cause had been converted
Covenanters, have been specially referred to in Mr. by his own sufferings and apprehensions into dread or
Gait's novel of Riugan Gilhaize : — aversion. But I was encouraged of the spirit to proceed.
" Among others," says Ringan, speaking ofthe herd "Just, however, as I parted from the herd, he cried
he met near Pollok after the dispersion of the Covenant- after me, and pointed to a man coming up the hill at
ers at Rullion-green, — " Among others, he pointed out some distance, with a gun in bis hand, and a bird bag
to me Nether Pollok, in the midst of a skirting of trees, at his side, and two dogs at his heels, saying, ' Yon'er 's
the seat and castle of that godly and much-persecuted Sir George Maxwell himsel ganging to the moors. Eh !
Christian, and true Covenanter, Sir George Maxwell, but he has had his ain luck to fill his pock so well already.'
the savour of whose piety was spread far and wide; for " Whereupon I turned my steps towards Sir George,
he had suffered much, both from sore imprisonment and and, on approaching him, beseeched him to have com-
the heavy fine of four thousand pounds imposed upon passion on a poor famished fugitive from the Pentlands.
him. . . . Being then hungered and very cold, after " He stopped, and looked at me in a most pitiful man-

76 THE MAXWELLS OF POLLOK, FROM 1647-1863.
AnabeUa Stewart, Lady Maxwell, survived Sir George a considerable time.
In November, the year of Sir George's death, she wrote several letters to her
son John, who was from home at the time, and from these she seems to have
been deeply impressed with a sense of the danger of the times, and specially
anxious about the safety of her son and his wffe.1 Anabella Lady MaxweU
died in 1692, before the 12th of December, as on that date her son notes the
" money by my mother when she died."2 Sir George and AnabeUa had three
sons and three daughters.
1. John, who succeeded his father.
2. William, who died before 27th February 1654, when his father records that some sad con
victions were these days past on his spirit upon the death of his son William.3
3. George. The first notice of him is in his father's diary on 26th July 1655, when
he records that his son George was saved from a peril of breaking his leg.4 The next
notice of George is also from his father's diary. He records, on 8th March 1657, " My
wiffe much sick : my son George also."5 On the 4th February 1 666, 1500 merks were
assigned to George by his father's bond of provision, in which he is called his second [sur
viving] son. By disposition dated 27th July 1667, Marion Stewart, relict of George
Hutcheson of Lambhill, conveyed to George Maxwell two third parts of the lands of Yocker,
etc. On 9th May 1672, Sir George paid, at Edinburgh, £17, 19s. 6d. for Holland cloth
for his son George, and £2, 8s. for the making thereof.6 George Maxwell died between
that date and 14th August 1688, when his eldest brother, Sir John, was served heir of
provision to him.7
4. Marion, born Sth August 1649, as her father, Sir George, states in his diary.8 By her
father's bond of provision, of date 4th February 1666, she, as eldest daughter, was pro-
ner, and shook his head, and said, with a tender grief with you what you may require, and go away quickly ;
in his voice, — ' It was a hasty business, and the worst and I counsel you not to take the road to Paisley, but
of it not yet either heard nor over ; but let us lose no to cross with what speed you cart to the western parts
time, for you are in much danger if you tarry so near of the shire, where, as the people have not been con-
Glasgow, where Colonel Drummond came yesterday cerned in the raid, there's the less likelihood of Drum-
with a detachment of soldiers, and has already spread mond sending any of his force in that direction.'
them over the country.' " Accordingly, being thus plentifully supplied by the
" In saying these words the worthy gentleman opened providence of that Worthy, my strength was wonder-
his bag, wbich, instead of being filled with game, as the fully recruited, and my heart cheered. With many
marvelling stripling had supposed, contained a store of thanks I then hastened from him, praying that his pri-
provisions. vate charitable intents might bring him into no trouble.
" ' I came not for pastime to the moor this morning,' And surely it was a thing hallowing to the affections of
said he, presenting to me something to eat, ' but be- tbe afflicted Scottish nation to meet with such Christian
cause last night I heard that many of the outcasts had fellowship."— Ringan Gilhaize, or the Covenanters, by
been seen yesterday lurking about thae hills, and as I Gait, vol. ii. pp. 284-288.
could not give them harbour, nor even let them have ' Vol. ii. pp. 325, 326. 6 Vol. i. p. 369.
any among my tenants, I have come out with some of s Journal at Pollok. 6 Ibid. p. 371.
my men as it were to the shooting, in order to succour " Vol. i. p. 359. T Retour at Pollok.
them. But we must not remain long together. Take 4 Ibid., p. 369. 8 Vol. i. p. 349.

SIR GEORGE MAXWELL, FOURTEENTH OF POLLOK, 1647-1677. 77
vided in 15,000 merks.1 Marion married first, in December 1674, James Stewart of
Rosyth, by whom she had no issue.2 She married secondly, before 18th February 1706,
Sir Charles Murray of Dreghorn, Baronet. On that date, she, with consent of Sir Charles,
granted a discharge to her brother, Sir John, for 1000 merks bequeathed to her by her
mother. They, at the same time, made a settlement of their affairs, whereby an annualrent
of 6000 merks was provided to Sir John, her brother, as trustee for behoof of Marion's
cousin, Jean Maxwell, relict of Hugh Crawfurd of Woodside, and her children, and of
another cousin, Margaret Maxwell, wife of Professor Robert Stewart, Edinburgh, and their
children.3 Jean and Margaret Maxwell here mentioned were the eldest and second daughters
of Zacharias Maxwell of Blawarthill. Marion Maxwell, Lady Rosyth, died in May 1 7 1 7, as
appears from the diary of her brother, Lord Pollok, who, on the 1 1th of that month, enters
that he gave his servant money for mournings for his Lordship's sister "Rosyth."4 Sir
Charles Murray died in December 1736.
5. Anabella, baptized 24th May 1657.5 By her father's bond of provision of 4th February
1666, she was provided in 10,000 merks.6 The next notice of her is on 9th May
1672, when her father pays at Edinburgh £83, 10s. 9d. for a gown, and £2, 8s. for
gloves to her.7 Anabella married first John Cathcart of Carlton. Their contract, in
which she is styled second daughter of Sir George Maxwell, is dated 28th November
1679 ; and by it John Cathcart is bound to infeft Anabella, his future spouse, in liferent,
in parts of the barony of Carlton, whilst her brother. John Maxwell, gives 16,000 merks
Scots of tocher with his sister,8 Of this marriage there was no issue ; and her husband
dying early, Anabella married, secondly, Robert Pollok of that Ilk. Their contract is
dated the 25th and 30th of January 1686. Robert obliged himself to infeft Anabella
in liferent in the lands of Ryot, etc. ; and she assigned to him £10,000 Scots in name of
tocher.9 Anabella died soon after her second marriage, of which there was no surviving
issue, as on 15th May 1691, Sir John Maxwell of Pollok was charged as apparent heir
to enter himself heir in general to the late Anabella Maxwell his sister.10
6. Margaret. The first notice of her is on 4th February 1666, when, according to her father's
bond of provision, already mentioned, she was provided in 10,000 merks.11 The next
notice of her is under date 9th May 1672, when Sir George, her father, records in his diary
that he paid for her " pettiecoate " £30, 10s. 9d.12 She married Alexander Maxwell,
younger of Calderwood. Their contract is dated 30th September 1684, and he received
with her a tocher of £10,000 Scots.13 Alexander, her husband, predeceased his father
without issue before 9th January 1701. 14 Margaret died in May 1685, when her
brother, Sir John, was allowed to leave the Tolbooth of Edinburgh to attend her funeral.
1 Original Bond at Pollok. 8 Original Contract at Pollok.
8 Crawfurd's Renfrewshire, p. 188. s Original Contract at Pollok.
3 Original Disposition and Discharge at Pollok. 10 Original Charge at Pollok.
* Diary at Pollok. n Original Bond at Pollok.
5 Account-book at Pollok. 11! Vol. i. p. 371.
6 Original Bond at Pollok. 13 Original Contract at Ardgowan.
7 Vol. i. p. 371. M Calderwood Branch, infra.

78

XVIII. — 1. Sir John Maxwell, Lord Pollok, 1677-1732 ;
Marion Stewart, his wife, 1671-1706.
This LaUd of Pollok was the eldest son of SU George MaxweU and Ana
beUa Stewart, Lady MaxweU of Pollok, and was born in January
1648. He commenced his studies for the profession, in which he
afterwards became so eminent, in Edinburgh about the year 1667.
Mr. Hew MaxweU, writing to Sir George MaxweU in the begmning
of January 1668, says that he was very glad, and that he hoped SU George
would be so too, when he saw that his son was progressing very well, and
showing himself to be both able and dUigent, without the least appearance of
unsteadiness or idleness. Mr. Maxwell had, however, faUen a little sad since
he had heard of the mtended hard usage to which his father was to be sub
jected, and was frequently speaking of it. At the same time his health was
as good otherwise as ever it had been. He was very careful to make himself
agreeable to aU persons, and got much of their affection in return.1
SU George MaxweU having been imprisoned in the year 1665, on account
of his religious principles, and thereby removed from the charge of his estate,
he made an arrangement to put it in the possession of his eldest son, although
he was then under age. FoUowing out this arrangement, a charter was
granted, on 20th AprU 1665, by SU George to John Maxwell his eldest son,
whom faihng, to George the second son, and to his other sons to be born, of the
estate of PoUok. Sir George reserved for himself and his wife the liferent of
certain parts of the estate, and power to make provisions for his son George
and his daughters, Marion, AnabeUa, and Margaret Maxwell.2
In the year 1670, Mr. MaxweU went on a visit to London, and his diary
shows how tedious the journey was in those days between the two capitals. On
the 13th April 1670, he started from Edinburgh and proceeded to Dunbar,
where he visited the church and the Earl of Dunbar's tomb. Next day he went
through a " muir country," twenty miles to Berwick, where he dined at the
postmaster's, and passed on to Belford. On the 15th he went from Belford
to Morpeth, and on the 16 th he reached Newcastle. On the 17th he slept at
1 Original Letter at Pollok. 2 Original Charter at Pollok.

LORD POLLOK, 1677-1732. 79
Durham, and on Monday the 18th he reached AUerton, where he lodged for
the night. On Tuesday the 19 th he got to Borrowbridge, where he dined, and
proceeded to Ferrie Bridge, where he stayed all night. On Wednesday the
20th, he crossed the Trent to a town opposite Marnam, where they were all
in danger of being drowned, it being 12 o'clock at night before they got off.1
The rest of the journey he has not recorded, but the stages here given convey a
pretty accurate idea of the rate at which they traveUed, about thirty mUes a day
— not quite raUway speed, but considered good traveUing two hundred years ago.
Soon after his return from London, he made arrangements, for his
marriage. Two of his letters to his intended spouse have been preserved,
and are well worth perusal.2 The lady of his choice was Marion, daughter of
SU James Stewart of Kirkfield, Knight, and sister of SU James Steuart of
Goodtrees, Lord Advocate of Scotland.3 Their contract of marriage is dated
23d February 1671, and by it SU George MaxweU became bound to convey to
his son the Mains of Pollok, Pollokshaws, Haggs, Govanshiels, Titwood, Cow-
glens, and Arden, as a provision for him and his wUe and their children. The
tocher of Marion Stewart was 25,000 merks.4 This new settlement of the
PoUok estates was confirmed by charter under the Great Seal on 2d February
1672, by King Charles IL, as King, and as Prince and Steward of Scotland, in
favour of John MaxweU. By this charter, the estate of PoUok was disjoined
from the barony of Mearns, of which it previously formed a part, and was erected
into a separate barony, to be caUed the barony of PoUok, and the manor-place
of PoUok was ordamed to be the principal messuage of the same, and to be held
as one whole and free barony of the Princes and Stewards of Scotland.5
Between the date of his marriage, in 1671, and the death of his father in
1677, up to which time he was usually designated the Laird of PoUok, younger,
little that is worthy of notice is recorded of him. Some years after his father's
death, John MaxweU applied for a restoration of the title of Knight-Baronet,
which was conferred on SU John MaxweU in 1633, and became extinct on his
death without heUs-male of his body. His intention was that the title should
o-o to the heU-male of his estates ; yet no steps were taken for that purpose, in
1 Vol. i. pp. 373, 374. a hundred years, and died about 1670. — [Coltness Col-
2 Vol. ii. pp. 317, 318. lections, p. 28-1
3 Marion Stewart's maternal grandfather was Mr. 4 Extract Contract at Pollok.
David M'Cullocb of Goodtrees, W.S. He lived above 5 Original Charter at Pollok.

80 THE MAXWELLS OF POLLOK, 1647-1863.
consequence of Sir George having been knighted in his own right soon after his
succession to PoUok. In the memorial for a re-grant of the title, it is said —
" If Sir John had not died without aires maile of his oune bodie, and his nearest kinsman,
the late Sir George, been knighted some years befor Sir John's death, naither the title nor the
general acknouledgment of it had at all discontinued, it being the undoubted intention of the said
Sir John to devolve the honor with the estate upon the said Sir George. Vpon these grounds, John
Maxwell, now of Pollok, without the least undue affectation, but only to maintaine the honor of his
ancestores, doeth humbly move that it may please his Majestie, the forsaid patent and title, as
fallen in his Majestie's hands by the said Sir John's decease without aires maile of his bodie,
may be revived, and a patent granted in favours of the said John, bearing priviledge and pre
cedence from the date of the former."
This application was successful. King Charles II. granted a new patent,
dated 12th AprU 1682, which narrates, that the title of Knight-Baronet, con
ferred long since by his Majesty's father upon Sir John MaxweU of Pollok, is
vacant in his Majesty's hands, and being willing to continue the title in the
person of his trustie and weU-beloved John MaxweU, now of Pollok, only law
ful son to the deceased Sir George Maxwell of PoUok, upon whom the said
deceased Sir John MaxweU did confer his lands and estate, as bemg his
nearest kinsman,1 the King therefore re-grants the dignities to Sir John and
his heirs-male. Although thus honoured by his Sovereign, Sir John Maxwell did not
escape his share of the persecutions to which all those were exposed who, like
him, had consistently supported the cause of civU and reUgious Uberty accord
ing to the views of the strict Presbyterians of that day ; and although he had
hitherto succeeded in avoiding any dUect collision with the civU authorities, he
was now, 'hke his father, subjected to fines and imprisonment. Amongst the
many enactments against the Presbyterians, after the Restoration, was the Act
against conventicles and Uregular baptisms, passed on the 13th August 1670,
ordaining that every heritor, for every house conventicle he attended, should be
fined in one-fourth of his yearly rental ; for every field conventicle, one-fifth ;
and for every irregular baptism, one-fourth of the rental. Proceeding on this
Act, the Procurator-fiscal for Renfrewshire, on the 7th September 1682, ob
tained decreet, before the Sheriff of the county, against Sir John Maxwell and
1 Vol. i. p. 346. On the 27th of March 1707, Queen of entail succeeding to him in the estate of Pollok. 
Anne re-granted the title of Knight-Baronet to Sir [Vol. i. p. 348.]
John, and extended the limitation of heirs to the heirs

LORD POLLOK, 1677-1732. 81
other heritors. The Ubel on which this decreet proceeded, charged the defen
ders with having shaken off all fear or regard to Ms Majesty's laudable laws and
Acts of Parliament, and with having, in high contempt thereof, weekly, the
three years bygone, haunted and frequented house-conventicles once every
week thereof, inde, ane hundred and fifty-six times within the three years last
bypast, and also with having once every one of the saids three years had one
chUd baptized Uregularly with another person nor their ordmary parish mini
ster, being three times ; and sicklike, the said hail fornamed persons with having
wilfully separate and withdrawn from theU own parish churches, and from the
hearing of divine worship made therein daily and each Sabbath-day the three
years bygone, extending to ane hundred and fifty-six times, whereby the said
haU persons had incurred the fines and penalties contained in the saids respec
tive Acts of Parhament, and ought to be decerned therefor to make payment
to the pursuer of the same, conform to theU respective interests and valuations,
which were specified in the decreet. None of the defenders appeared in this
action, and decreet was given against them. The fine imposed on Sir John
Maxwell was £93,600 Scots, which was the largest but one of the fines then
imposed ; the largest fine being that imposed on Sir George MaxweU of Newark.
This exorbitant fine SU John refused to pay, and no proceedings appear to
have foUowed immediately on his refusal ; but in the next year, we find him in
the Porteous RoUs for Renfrewshire, charged with resetting of rebels : —
" In so far as Stevenson, shoemaker in Pollocktown, Robert Jackson in Carnwatherick,
Arthur Cunningham there, Robert Taylor there, Archibald Barr in Pollocktown, and several other
of your servants and tenants, being actually in the rebellion, 1679, were, upon the first, second, or
remanent days of the months of July, August, September, October, November, or December 1679,
or January, February, or the remanent months of the years 1680, 81, 82, 83, or upon some of the
days of the months foresaid, reset, harboured, intercomuned, aided, assisted, and did favours, or had
favours done to them by you, or you otherwise supplied them. Of the which crimes you are actor,
art and part. As also, the said Sir John Maxwell is guilty of high treason, as upon one of the
foresaid days the said rebels and traitors, who were actually in rebellion, were supplied and fur
nished with meat, drink, and other provisions, reset and entertained in his house, by order of him,
his lady, or other persons."1
Of these charges, Sir John Maxwell might easUy have reUeved himself, if
his conscience had aUowed him to take the famous Test, as it was caUed. This
was the oath ordained by Act of Parliament of 31st August 1681, to be
1 Wodrow's Church History, vol. iii. p. 481.
VOL. I. L

82 THE MAXWELLS OF POLLOK, 1647-1863.
taken by aU officers and persons in places of public trust, which soon came
to be considered a test of loyalty for all classes, high and low, whether they
could understand it or not.1 On the 24th July 1683, a large number of
gentlemen and commoners appeared before the CouncU, charged in the Por-
teous Roll with the same crimes, and in the same terms as Sir John Max
weU, wUo took the test, and were dismissed. On the day following, Sir John
appeared, but refused to take the test, and was, with nearly a hundred others,
cast into prison.2 Having found caution, however, to appear when caUed, he
and about sixty others were liberated on the 9 th August foUowing, partly be
cause the probation against them was not complete, but chiefly because the
prisons were crowded.3 Criminal proceedings were instituted against SU John,
however, before the Court of Justiciary, held at Edinburgh on 2 7th March and
1st AprU 1684. The charge against him by SU George M'Kenzie, Lord Advo
cate, was the harbouring, receipting, conversing with, and doing favour to rebels
and traitors. Sir John appeared in Court with his counsel, and expressed his
wiUingness to abide his trial for the aUeged crimes, of which he said he was
altogether innocent. The Lords of Justiciary, with consent of the Lord Advo
cate, for several causes moving them, as it is expressed, deserted the diet sim-
pliciter, whereupon Sir John took instruments.4 From an account written by
Sir John, it appears that the expenses of this prosecution cost him £698, 8s.
Scots, including a piece of plate to the Governor of the Castle of Edinburgh.5
Sir John did not remain long at liberty. On the 18th of October 1 684, he
was examined in presence of the Earl of Moray, the Secretary of State, and Sir
James Foulis of Colinton, Lord Justice-Clerk, when he admitted that Alexander
Porterfield, brother of Duchal, had been in his house at PoUok since his forfeiture
after BothweU Bridge, but denied that he had given any money for the relief of
Argyle, although Sir John was asked for £50. This declaration he judicially
owned on the 2 2d of the same month, and at the same time confessed that,
1 The celebrated test was along, complex sortof oath, enter into covenants or leagues, or to convene, consult,
binding the persons taking it to profess the true Pro- or determine in any matter of State, civil or ecclesias-
testant religion, as contained in the Confession of Faith, tical, without his Majesty's special command or express
recorded in the first Parliament of King James VI., to licence.
acknowledge the King's Majesty to be the only su- 2 Fountainhall's Decisions, vol. i. p. 317.
preme governor of this realm over all persons, and in * Wodrow's Church History, vol. iii. p. 470.
all causes, as well ecclesiastical as civil ; and to hold it * Original Extract at Pollok.
unlawful for subjects, under any pretence whatever, to 6 Original Account at Pollok.

LORD POLLOK, 1677-1732. 83
though he had been free of field conventicles, he had repeatedly attended house
conventicles since the indemnity.1 The Lords of the Privy-CouncU, therefore,
stUl pursued Uim for the fines imposed by the Sheriff of Renfrewshire for
ecclesiastical offences. He was charged to appear before the Privy-CouncU at
Edinburgh, on the 2d December 1684, to hear and see sentence pronounced
against him.2 On that day he and other Renfrewshire gentlemen were brought
from prison to the bar of the Privy-CouncU, charged with having been present
at diverse house and field conventicles, with having heard declared fugitive
and vagrant preachers, " those trumpeters of sedition," and with having har
boured, reset, and entertained rebels ; and with other crimes as in the Porteous
Roll indictment aUeady quoted. In accordance with two letters under his
Majesty's hand, the libel against the prisoners was restricted to a pecuniary
fine ; and the truth of it referred to the oaths of the parties. The Lords of
Privy-CouncU having considered the hbel, and the declarations of the defenders,
subscribed and acknowledged by them upon oath, found them aU guUty of the
articles libeUed, and now restricted to an arbitrary punishment, and fined them
all Ui different sums, SU John MaxweU's fine being, as Wodrow terms it, the
" swinging" sum of £8000 sterling.3
Although the libel agamst Sir John MaxweU and his feUow-prisoners con
tained aU the charges above mentioned, including even communion and inter
course with Huckston and the Hendersons, and other " bloody and sacrilegious
murderers of the late Archbishop of St. Andrews," and though all the articles
libeUed were found proved against them, it is obvious that SU John and
the greater part of his feUow-prisoners had no connexion either with that
action or its perpetrators. The Unposition of the fine was accompanied with
the qualification, that tf £5000 were paid before the 1st of January foUowing,
that is, within twenty-eight or twenty-nine days, the other £3000 would be
remitted, and SU John at once liberated. This was clearly a bait to secure
£5000 at once, instead of having merely the chance of obtaining £8000 after
wards. But the ruse did not succeed. SU John Maxwell was either unable
or unwilling to pay such an enormous sum for what he considered no crime,
1 Certified Copy Declaration at Pollok. Majesty's cash-keeper, within fifteen days from 7th
a Original Charge at Pollok. March 1685, under the pain of rebellion, etc. — [Ori-
3 Sir John was charged by a messenger-at-arms, by ginal Charge at Pollok.]
virtue of letters of horning, to pay this fine to his

84 THE MAXWELLS OF POLLOK, 1647-1863.
and for what even his enemies must have seen to be a very venial offence
at most. He accordingly remained in confinement, and on the 17th May
1685, petitioned the CouncU that he might be set at Uberty to enable him to
attend the funeral of his only sister, the Lady Calderwood. They granted
him leave till the 2d AprU, but under a bond for £10,000 sterling, to return
on that day.1 He returned accordingly, and on the 11th September he was
again at liberty, under a bond for £8000 sterling, to return on the 12th
October.2 On the 16th February 1686, he wrote to Lieutenant-Colonel MaxweU,
to intercede with his Majesty for rehef from this extraordinary fine, and from
his imprisonment. He gratefuUy aUudes to a visit which the gaUant Colonel
had paid him in prison, and adds, that he was there for no cause of which
either he or his friends need be ashamed, otherwise he would not now have
troubled him with the request to intercede with his Majesty in his behatf.3 In
another letter of the same date to Lord MeUort, who was one of the judges
when the fine was imposed, he feelingly alludes to his close confinement in
such an extremely bad prison as Edinburgh Tolbooth, and reminds his Lord
ship that he knew perfectly well that the enormous fine was out of all propor
tion to his estate, and that his faults were very small.4 Another proof of the
virulence with which SU John was persecuted at this time is found in the fact
that even during his confinement, he was, on 20th November 1684, and the
11th November 1686, bound to make his appearance before the Privy-Council
under the respective penalties of ten and sixteen thousand pounds.5
After remaining in prison for sixteen months, SU John, in February
1686, petitioned the kmg for the mitigation of his fine. The petition
narrates the criminal indictment against him in the Court of Justiciary,
and that after a most exact inquiry and examination of many witnesses,
none of the crimes or dehnquencies could be proved against him, so that
the libel was referred to his own oath, by which he did free himself of
all that was laid to his charge, except the concealing of a proposal made
to him by Sir John Cochrane, about January 1683, for £50, to be given
to the late Archibald Campbell, sometime Earl of Argyle, and his conversing
1 Original Bond at Pollok. 3 Original Letter at Pollok.
2 Wodrow's Church History, vol. iv. pp. 142, 143, « Original Letter at Pollok.
212. Fountainhall's Decisions, vol. i. p. 317. ' Original Bonds and Extract Act of Council at Pollok.

LORD POLLOK, 1677-1732. 85
with Alexander Porterfield, who was forfeited for taking part in the rebel
lion of 1666, and his being present at some house conventicles, for which he
was, in 1684, fined £8000 sterling, and for non-payment thereof had ever since
continued in prison ; and since the said proposal was never made to him but
once, at the making of it he was very much surprised, wondering how they
could expect such a sum from him, and that he peremptorUy refused to grant
it, and that he did not conceive it to be a crime to conceal that demand, as he
could in conscience declare that he believed it to be made merely for the pre
sent sustenance of the said Archibald CampbeU, not having heard of any plots
or conspUacies then being carried on by him or Sir John Cochrane ; and see
ing that he never conversed with Alexander Porterfield tiU many years after
his forfeiture, when he openly attended churches and markets and courts of
law, and conversed with the officers and soldiers of the standing forces, and
that being nearly related to him, he was thus led to converse with him by a
common mistake ; and seeing that he detested and abhorred aU disloyal
principles and practices, and that he was ready and wiUing to venture in
his Majesty's service his life and fortune ; and seeing that his free estate was
not worth the half of the fine imposed upon him ; he therefore beseeches his
Majesty to take the matter into his royal consideration, and to take such course
with him regarding the said fine as in his goodness he should think fit.1
SU John was not finaUy released from prison tiU MarcU 1687, when he
went to London to endeavour to procure some abatement of his fine.2 He was
successful, and, in a letter dated on 9th May foUowing, aUudes to his Majesty's
justice and goodness to the lieges in general, and writes hopefully concerning
himself.3 His hopes were not entirely disappointed, though not realized in
the manner which he might have anticipated. The Revolution took place, and
when WiUiam and Mary ascended the throne vacated by James II. in 1688, Sir
John was relieved of the fine imposed upon him by the previous Government ; 4
1 Draft Petition at Pollok. In his account-book, Sir Council ordered the letters of horning raised against
John notes, on 9th October 1685, that he paid to the him, upon a decreet of the then Privy-Council, dated
good man of tbe Tolbooth for jailor fees £173, besides 2d December 1684, whereby he was fined in the sum
servants, preceding the 12th of that month, when he was of £8000 sterling for alleged Church disorders, to be
to re-enter. — [Original at Pollok.] delivered up to him.— [Regist. Secreti Concilii-Decreta,
2 Vol. ii. p. 341. 14th Feb. 1693. Fol. 184.] Sir John, in the beginning
3 Original Letter at Pollok. of the same month, raised letters of suspension of the
4 On the 14th February 1693, the Lords of Privy- charge to pay the fine. — [Original Letters at Pollok.]

86 THE MAXWELLS OF POLLOK, 1647-1863.
and was successively appointed to offices in the State corresponding to his
merits. He was made a Privy-CounciUor by King WUliam in 1689, and in
the same year represented the county of Renfrew at the Convention of the
Estates.1 He represented the county of Renfrew in Parliament from 1690 to
1693, in the years 1695 and 1696, and again in the year 1698.
Higher honours and places of greater trust awaited Sir John. In aU the
responsible positions which he occupied after the Revolution, his loyalty,
integrity, dUigence, and activity, were apparent to aU ; and, as a mark of his
high appreciation of his conduct, the King, in the beginning of the year 1696,
appointed him one of the Lords of the Treasury and Exchequer in Scotland.2
Referring to this appointment, the Earl of Portland, Secretary of State, wrote
to Sir John MaxweU on the 7th AprU 1696, that it was solely owing to his
Majesty's choice, and the high opinion he had of Sir John's zeal for his service,
and of his moderation and honesty ; and that he himself heartily rejoiced at
the justice thus done to him, and would always be his friend.3 Sir John
MaxweU had now great influence with the Government, and was frequently
applied to by his friends for advice and assistance in forwarding theU interests.
When he was in London in February 1695, Archibald, Bishop of the Isles,
wrote to him about the recovery of the rents of his bishopric, very little
of which he, had drawn during his incumbency, stating that the Lord Advo
cate had drawn up an address to his Majesty on the subject, and asking
Sir John to use his influence for the furtherance of its object. The ad
dress he enclosed, and asked Sir John to deliver it to Johnston, Lord Secre
tary ; and by way of securing his Lordship's attention, he adds, — " His Lord
ship and Sir John Coupar of Gogar, my wife's father, are grandchUdren to the
famous and learned Skeen, who wrot De Verborum Signiflcatione, and which
was printed with the Acts of Parliament, which you may be pleased to signifie."4
Sir John was frequently consulted by the Government upon the fiUing of
vacancies among the Lords of Session, and upon Scottish affairs generally.
In 1696, he wrote to the Earl of Portland, making valuable suggestions as
1 As one of bis Majesty's Privy-Council for Scotland, 2 Vol. ii. p. 98. By grant under the Privy-Seal
Sir John Maxwell, on the 23d June 1690, granted a King William gave Sir John Maxwell, as a Lord ofthe
pass to his wife, Marion Stewart, and her sister, Lilias Treasury, the yearly pension of £500 sterling.  [Ori-
Stewart, with her maid-servant and three men-servants, ginalat Pollok, dated 6th February 1696.1
to go to Scarburgh-wells, in England, and to return at 3 Vol. ii. p. 99.
their convenience. — [Original Puss at Pollok.] 4 Original Letter at Pollok.

LORD POLLOK, 1677-1732. 87
to the appointment of the President of the Court of Session, which office
was then vacant;1 and, in December following, Mr. WUliam Carstares wrote
to SU John from London, that he should Uke to hear more frequently from
him, as he was one whose thoughts would have weight there.2 On the 2d
March 1697, Sir James OgUvie, Secretary of State for Scotland, wrote to ask
him for a statement of the time during which the funds could maintain the
forces ;3 and in AprU following, Chancellor Polwarth requested him, as a favour,
to attend in Edinburgh for the despatch of public business.4 SU John's services
were not overlooked. A vacancy having occurred on the bench of the Court
of Session by the death, on 27th AprU 1698, of Lord Newbyth, SU John was
made an ordinary Lord of Session, and took his seat on the 1 7th of February
1699, by the title of Lord Pollok. The office of Lord Justice-Clerk having be
come vacant by the appointment of Adam Cockburn of Ormiston to be Trea
surer-Depute, he was, on the 6th of the same month, appointed to the office of
Lord Justice-Clerk.5 Some misunderstanding arose as to this appointment, and
Viscount Seafield, Secretary of State for Scotland, wrote to SU John that he
was sorry to find from his letter that he was under some mistake as to the
favours his Majesty intended for him, that his Majesty had signed his com
mission as Lord Justice-Clerk, and as one of the Lords of Session, and that
the whole matter had been thus arranged for his special advantage.6 Sir
John, on the 14th of the same month, replied that he acknowledged with all
dutifulness his Majesty's royal favour in promoting him to two such important
offices, and that he hoped his Lordship would forgive him for the mistake into
wdiich he had fallen concerning the matter.7
After the death of King WUliam in 1702, Lord PoUok was nominated one
of the Commissioners for considering the treaty of the Union between Scotland
and England. He loyaUy and readUy accepted the commission, and theU first
meeting was appomted to be held on the 27th of October of that year.8
Matters now took a turn, however, rather unfavourable to SU John, and many
1 Vol. ii. p. 102. — [Original at Pollok.] This commission was sealed
2 Vol. ii. p. 104. on 14th, and read and recorded in the Books of Ad-
3 Vol. ii. p. 104. journal the 21stdays of February 1699. Vol. ii. pp. 114-
* Vol. ii. p. 105. 116 ; Senators of the College of Justice, p. 470 : Foun-
5 Original Commission at Pollok. As Justice-Cleik, tainhall's Decisions, vol. ii. p. 43.
Sir John Maxwell got a pension of £400 sterling by 6 Vol. ii. p. 116.
grant from King William, dated 6th February 1699. 7 Vol. ii. p. 117. a Vol. ii. p. 120.

88 THE MAXWELLS OF POLLOK, 1647-1863.
of his poUtical friends. The Queen continued to favour the church party in
England, and changes were made which showed that her inclinations were
more towards the EpiscopaUans than the Presbyterians in Scotland. Sir John
Maxwell was removed from the office of Lord Justice-Clerk, and was succeeded
in that office by Mr. Roderick Mackenzie of Preston HaU in the year 1703.1
He, however, retained his seat as an ordinary Lord of Session tUl his death,
and continued to act in the commission for the Union of the two kingdoms ;
and when the Union was finally accompUshed in 1707, he was nominated a
member of the new commissions for constituting a Privy-Council and the Court
of Exchequer in Scotland, in terms of the Articles of Union.2
Queen Anne, by patent dated 27th March 1707, extended the Umitation of
heirs to succeed to the title of knight baronet to the heirs of entaU succeeding
to Lord PoUok in his estate of PoUok.3
Next year, when a civU war was imminent, and a French army threaten
ing to descend on the Scottish shores, Lord PoUok was very active in getting
together a meeting of the leading gentry of RenfrewshUe, by whom, at his sug
gestion, a loyal address was forwarded to the Queen.4
Besides his pubhc and salaried offices, Lord PoUok undertook others of an
honorary nature. On the 25th July 1690, he was nominated one of the Com
missioners for visiting the University of Glasgow, and all the schools in which
Latin was taught within the Sheriffdoms of Lanark, Renfrew, Bute, Argyle,
Dumbarton, Dumfries, Wigton, and Ayr, and the Stewartries of Annandale and
KUkcudbright ; and the oaths were administered to him on the 7th of August
following. One of the duties of the Commissioners was to insure that all
professors and masters subscribed the Confession of Faith, and took the oath of
allegiance.5 On the 2d of March, in the foUowing year, Lord Pollok was chosen Lord
1 Mr. Mackenzie's patent for the office is dated 1st house is called a great lodging or tenement of land on
December 1702. But Lord Pollok did the duties and the north side ofthe street opposite to the Luckenboo'tbs.
drew the salary for the half-year from Martinmas 1702 The next house occupied by Lord Pollok or for him
to Whitsunday 1703.— [Vol. ii. p. 19. Senators of the was in Blair's Stairs, in the Parliament Close, from
College of Justice, p. 474, and the Lockhart Papers, 1721 to 1730, which was within two years of his
vol. i. p. 51.] Lord Pollok's houses in Edinburgh can death. — [Rent Receipts at Pollok.]
still be traced from the rent receipts. In 1708, he oc- 2 Vol. ii. p. 121.
cupied a house at the back of the cross in the stone " Vol. i. p. 348.
land, immediately below the Fishmarket Close. From 4 Vol. ii. pp. 122, 123.
1710 till 1720, his Lordship rented a house from Sir « Munimenta Aime Universitatis Glasguensis, vol. ii.
James Steuart, Lord Advocate, and his relict. Tliis pp. 495, 497, 500, 503; vol. iii. 593.

LORD POLLOK, 1677-1732. 89
Rector of Glasgow University, and he seems to have held that office for
the long period of twenty-seven or twenty-eight years. His first election
in 1691 was, according to the ancient statutes of the University, by the
votes of the students ; but as it was considered improper to assemble the
students annuaUy for that purpose during those troublous times, it was agreed
that in future the Senatus alone should have the election or appointment of
the Lord Rector. And this was the form of Lord PoUok's next appointment
on the 1st March 1692. In the same manner, his continuance in office was
confirmed, and is recorded yearly up tUl 1695, and agam from 1702 tiU 1717.1
There is no record of the elections of Rectors between the years 1695 and 1702 ;
but as Lord PoUok signed a bond as Rector on the 21st AprU 1696,2 and acted
in the same capacity at the admission of Principal Stirling on the 18th Sep
tember 1701, and as there is no mention of any other Rector during that period,
Lord PoUok must have been Rector during this time, and so held the Rec
torship for twenty-seven consecutive years.3 Throughout this long period
he was most attentive to the interests of the University, as well as kind
and courteous to its individual members. He presided regularly at the meet
ings of the Senatus, and attended to the interests of the students, guarding
theU privileges most anxiously.4 For example, on the 20th February 1711,
he demanded the repayment of some fines which the magistrates of Glasgow
had imposed upon some students of the University, who, he declared, in
no way belonged to their jurisdiction, maintaining that the magistrates would
be Uable for damages if they did not return the fines.5 His position as Lord
Rector of the Glasgow University necessarily brought Lord PoUok into com
munication witU many learned and able men ; and one mstance of that ought
to be mentioned here, as the connexion gave rise to a correspondence which is
printed among the letters in the second volume. We allude to the case of Dr.
Cotton Mather of Boston, New England. The Senatus conferred on him the
degree of Doctor of Divinity on 25th May 1710, and Lord PoUok, in his offi
cial capacity, signed the diploma and forwarded it to the doctor, which caUed
1 Munimenta Aime Uuiversitatis Glasguensis, vol. iii. the University library. — [Munimenta Aime Universitatis
pp. 328-336. Glasguensis, vol. iii. p. 437.]
- Ibid. vol. i. p. 446- ° Munimenta Aime Universitatis Glasguensis, vol.
' Ibid. vol. iii. p. 597. ii- P- 400.
* Lord Pollok made a valuable donation of books to
VOL. I. M

90 THE MAXWELLS OF POLLOK, 1647-1863.
forth the letter No. 359, Vol. if, and gave rise to the further correspondence
contained in Nos. 361, 362, and 364 of Vol. ii.
In 1 71 7, a number of the professors, feeling dissatisfied with the nomination
of the Rector by the Principal, and his election by the Senatus, combined to
procure the restoration of the old custom of electing the Rector by the votes
of the Four Nations, accordmg to the ancient statutes of the University.
The result was, that the Senatus, by a majority, refused to re-elect Lord
PoUok for that year, and on the 1st March held a meeting of the students,
took theU votes, and declared Mr. William Mure of Glanderston to be duly
elected Rector. This election, however, was declared to be invalid, and Lord
PoUok was re-elected Rector on the 11th November.1 The friends of Lord
Pollok were much distressed at this unseemly struggle. Principal Stirling,
in giving him an account of the proceedings of the faction, 1st March 1717,
said that his heart was so fuU that he did not know how to express him
self, when he considered how ungratefuUy and unworthily his Lordship had
been treated by these men, aU of whom owed theU places to his goodness,
which they had wretchedly abused. They had affronted the College, he
added, and made it a reproach ; and theU unaccountable behaviour had
given him the deepest wound he had ever received with respect to University
affaUs : and he expressed a hope that the Duke of Montrose, to whom he had
written on the subject, would resent the indignity.2 The Duke, who was
Chancellor of the University, wrote to Lord Pollok, on 12th March 17 If, a
letter of sympathy.3 The Earl of Haddington also, whose son had taken a
prominent part in the movement for the new Rector, wrote to Lord Pollok,
apologising for his conduct.4
This combination does not appear to have been directed against Lord Pollok
personally, but rather against the mode of election which had been adopted,
which gave the Principal almost unlimited power in the matter, and might be
greatly abused. In fact it was quite easy for the Principal, if he so chose, to
give in at every election, a list of three persons, of whom only one was prac
tically eligible, thus leaving the Masters no choice in the matter. AVhether
this power had or had not been abused during Lord PoUok's Rectorship, either
' Vol. ii. p. 366. Munimenta Aime Universitatis * Vol. ii. p. 366. 4 Vol. ii. p. 368.
Glasguensis, vol. iii. pp. 334, 335. s Vol. ii. p. 368.

LORD POLLOK, 1677-1732. 91
by Principal Stirling or his predecessor, Principal Dunlop, does not appear.
In the following year, Lord PoUok, weary of being mixed up with such
dissensions, finally demitted his Rectorship on the 20th October 1718.1
With his brother-in-law, Sir James Steuart, Lord Advocate, Lord Pollok
lived on the most intimate terms. When the Lord Advocate was dying,
he wrote, a few days before his death, a farewell letter to Lord Pollok,
the signature to which shows his trembling hand.2 The letter contained the
solemn blessing of the writer on Lord Pollok and his family. His Lordship
repaUed to Edinburgh, and stayed with the Advocate for several days, to take
his fareweU of Uim. The affectionate interview between these Ufe-long friends
is detaUed by Wodrow in his Analecta.
During the latter years of his life, Lord PoUok kept up a constant com
munication with Dr. Cotton Mather of America through the medium of Mr.
Wodrow, minister of PoUok, who had been introduced to the Doctor, when
the degree of D.D. was conferred on him in 1710.3 The correspondence was
regularly kept up, and Mr. Wodrow's letters to the Doctor furnish some
interesting incidents connected with the latter portion of Lord PoUok's life..
Thus, on the 8th of AprU 1718, Mr. Wodrow, in writing to the Doctor, tells
him that his " Malachi," and its companions, were most acceptable to Lord
PoUok, who had returned to his country-seat of PoUok some weeks before ;
that his Lordship had entered into his seventieth year; that he was very
much refreshed by the Doctor's letter, and sent his best respects to him
and his venerable father ; and that his Lordship was very much weak
ened through his close and conscientious application to the business of the
nation. From the same source we learn that Lord Pollok was in good
health, and at his work in Edinburgh on 29th January 1719, and that his
commands still were to give his kindest respects to the worthy American
divine. On the 16th March 1723, Lord PoUok came to Pollok from Edinburgh
along with Mr. Wodrow; and on 29th July 1724, he was again in Edin
burgh at his public work, and now towards the end of his race, as he was born
in January 1648. On 12th February 1728, my Lord Pollok was now turned
1 Vol. i. p. 377. Memorial for Dr. Traill, p. 21, as 2 Vol. ii. p. 64.
quoted in Munimenta Aime Universitatis Glasguensis, 3 Vol. ii. p. 359.
preface, p. lxv,

92 THE MAXWELLS OF POLLOK, 1647-1863.
weak and unable to attend to his duties in Edinburgh that winter. And on
24th September 1730, Mr. Wodrow writes : "My Lord PoUok has been with
us at our communion, and in church every Sabbath since. It is wonderful to
see him so weU when pretty near eighty."1
Lord PoUok was, in religion, as we have seen, a strict Presbyterian, as his
ancestors had been since the Reformation, and was for many years an elder in
the session of the parish of Eastwood. In the year 1727, he presented the
congregation and session with four handsome sUver communion cups, which
are thus acknowledged in a minute of the session, dated 7th June 1727 : —
" The which day the minister acquainted the session that Sir John Maxwell of Nether Pollok,
Baronet, one of the Senators of the College of Justice, had been pleased, out of his regard to the
congregation and session, whereof he hath been ane useful member these twenty-two years, gener
ously to gift four handsome silver communion cups to the session, to be used at the dispensation of
the Sacrament of the Lord's Supper, with this inscription above his Lordship's coat-of-arms : —
'Deo et eccxesie paeochiali de Eastwood saceavit Dominus Joannes Maxuell, 1727,'
with a box of wainscoat for keeping them, and that my Lord Pollok had sent them to the mini
ster. They were produced. The session desired the moderator to return their humble thanks to
his Lordship for this valuable testimony of his regard to the parish and them."2
These cups were carefully preserved and used at communions tiU a few
years ago, when the manse in which they were preserved was broken into by
thieves, and the cups were stolen. New communion cups were then presented
by the present SU John MaxweU.
Marion Stewart, Lady MaxweU, predeceased her husband, Lord Pollok.
She was indisposed for some time previous to her death. In a letter to Mr.
Wodrow, dated at Edinburgh, 22d December 1705, his Lordship says that his
wife's " cough and defluxion and hoarseness doth much continue, so that she is
really very crazie. I wish God may preserve her, and give her more strength."3
Lady MaxweU, however, died in the following year, and was interred in the
Coltness burying-ground, in the Greyfriars' Churchyard, Edinburgh. Lord
PoUok survived her for twenty-six years, and died at PoUok, on 4th July 1732.
' Wodrow Correspondence, vols. ii. and iii. s Letters from Lord Pollok to the Rev. Robert Wodrow,
2 The cost ofthe cups was £292, 4s. Scots. [Accountat 1703-1710, small 8vo. edition, Edinburgh 1835, pp. 16
Pollok.] Byhislatterwill,bisLordshipalsoleft500meik8 17. A few of Lord Pollok's letters, along with others,
to the poor of the parish of Eastwood, which was paid were printed by the same editor in 1829.
overto tbe kirk-session by Sir John, his successor, in Octo
ber 1732. — [Records of the parish of Eastwood, vol. ii.]

LORD POLLOK, 1677-1732. 93
Having no children, he was succeeded in his estate and title of baronet by his
cousin-german, John MaxweU, only surviving son of his uncle Zacharias Max
weU of BlawartUill.
Mackay, wUo was a contemporary and an opponent, notices shortly in his
memoirs Lord Pollok. He says, —
" Sir James [John] MaxweU of PoUok was, in the reign of King Charles
and King James, a great supporter and entertainer of the prosecuted Presby
terian clergy."
" He is a very honest gentleman, of no extraordinary reach, zealous for
the Divine right of Presbytery, which hurries him often to do hard things to
men of less confined principles, flunking it domg God good service. He is a
very fat, fair man, towards sixty years old."1
This testimony to the uprightness of Lord PoUok is the more remarkable
as coming from one who was opposed to him in aU his views, and who rarely
bestows praise even on those of his own party.
Lord PoUok, thus highly spoken of by his enemies, was held in great esti
mation by those who had better opportunities of studying his character. Dr.
Mather, already mentioned, styles him one of the best of men, who, he prayed,
might be continued a blessing to a world which had few such men to boast of.2
Wodrow the historian, Lord PoUok's own parish minister, says of him whUe
stUl Uving, " he is a gentleman of good quality, and of a very old famUy, as
weU as of shining integrity, probity, and piety. He is yet alive, and his own
modesty, and my relation to him, forbids me to say what I could and would of
him. An heart-regard for the Presbyterian interest, as well as a- bright pattern
of suffering for a good conscience, was handed down to him by his excellent
father, Sir George MaxweU, whose noble example it is his care most closely to
foUow."3 Dr. Burns, the biographer and editor of Wodrow, characterizes his
Lordship as a man of great vigour of mind and exalted piety.4
1 Memoirs, pp. 226, 227. " Wodrow's Church History, vol. iv. p. 141.
5 Wodrow Correspondence, vol. ii. p. 425. 4 Ibid. vol. i. p. iii.

94 THE MAXWELLS OF POLLOK, 1647-1863.
XVIII. (2.)— Sir John Maxwell, third baronet, 1732-1752.
Lady Anne Carmichael, first wife, 1709-1720.
Barbara Stewart, second wife, 1727-1737.
Margaret Caldwell, third wife, 1739-1758.
John MaxweU was the eldest surviving son of Zacharias Maxwell of Bla-
warthUl, who was the immediate younger brother of Sir George Maxwell of
PoUok. He was born in the year 1686, and succeeded his cousin, Lord Pollok,
in his estates of PoUok, and in his title of baronetcy in 1732. Like Lord
PoUok, he was educated for the legal profession. He gave in a petition, in the
usual form, to the Court of Session, for a remit to the Dean and Faculty of
Advocates to be tried as to his quahfications, and was admitted as an advocate
in the month of November 1707.1 Soon after this, and on 8th AprU 1709, he
married Lady Anne Carmichael, third and youngest daughter of John first Earl
of Hyndford. TheU contract of marriage is dated the same day. Lord Pollok
thereby agreed to provide his lands and estate of PoUok, faiUng heUs of his
own body, to the heirs-male of the marriage ; whom failing, to the heirs-male
of any other marriage, and to the other heUs therein mentioned. In the event
of Lord PoUok having sons succeeding to him, it was provided that he should
pay to his cousin, and the heUs of the marriage, the sum of £24,000 Scots.
Lady Anne Carmichael was to be infeft in liferent in the House of Haggs.
The Earl of Hyndford gave with his daughter a tocher of £10,000 Scots.2
On the occasion of this marriage, which was promoted by Lord PoUok, he
consulted James Stewart, younger of BlackhaU, who, on the 14th March 1709,
wrote to him that he had chosen a good family, one that was honourable as
weU as orthodox, that the lady's tocher was good, and the provision he, Lord
PoUok, was making for theU entertainment, handsome, and such as he could
easUy spare.3 The marriage, thus carefully arranged, was a happy one for
the families of Pollok and Hyndford. Soon after the marriage, Mr. MaxweU
and his wife paid a visit to her father at Carmichael. Lord PoUok was
invited at the same time ; Lord Hyndford saying that he would find the way
very good, and get a most hearty welcome.4
' Original Petition at Pollok. s Vol. ii. p. 355.
" Records of the parish of Eastwood, vol. i. Original * Original Letter at Pollok.
Contract at Pollok.

SIR JOHN MAXWELL, THIRD BARONET, 1732-1752. 95
Lady Anne Carmichael wrote to Lord PoUok a few days after the above
letter, expressing the same attachment to his lordship as to her own parent.1
Two sons and two daughters were the offspring of this marriage. They
will- be afterwards noticed. Lady Anne Carmichael died about the year 1720,
survived by her husband.
After remaining a widower for about seven years, Mr. John MaxweU, in
1726, entered into an arrangement with Lord PoUok in reference to a future
marriage, and the disposal of the Pollok estates. This arrangement was made
in the form of an obligation by Mr. MaxweU. It narrates that Lord PoUok
had considered the welfare and standing of his famUy and estate, and was
" now far come in yeares ;" and also, "ther being but only one boye come of
the said John MaxweU of Blawert, and that the said SU John MaxweU hath
many tymes, and with great earnest, desyred that I should marie some honest
gentlewoman of good reputation, and come of some honest family, and for that
end did name , and if that person were not acceptable to me,
then he was pleased to leave it to mysetf to choose such a person as should
satisfie myself of the qualification and famiUe above designet. And now in
reguard of my continuance in widowehood for seven years, or thereby, and for
the satisfaction of the said Sir John Maxwell, doe heUby obleis myself, that
once betuixt the date heirof, and half a year next ensueing, I shah aither de-
termin my self to marie some fitting person in the terms above writtin, or
heUby consents that after the forsaid terme is elapsed, that he shaU dispose of
the fie of his whole heretable estate to my son John MaxweU, begott tuixt me
and Ladie Anne Carmichall, and failzeing him by decease, to any other aire
maile begoten of my bodie in any other lawfuU mariage, and which all faUing,
to any other heires quhatsomever he pleases."2
Following out this arrangement, John MaxweU of Blawarthill married,
secondly, in August 1727, Barbara, eldest daughter of Mr. Walter Stewart of
Wester Polmaise, or Stewarthall, in the county of StUling, Advocate, SoUcitor-
General for Scotland, and second son of SU Archibald Stewart of Blackhall,
Baronet.3 TheU contract of marriage is dated the 23d and 26th August 1727 ;
and provides that Lord PoUok and Mr. MaxweU, the intended husband, should
1 Original Letter at Pollok. 3 Records of the parish of Eastwood, vol. i.
2 Original Draft Obligation at Pollok.

96 THE MAXWELLS OF POLLOK, 1647-1863.
secure Barbara Stewart in a yearly liferent provision of £150 sterling after the
decease of her husband, by infefting her in the lands of the Mains of Haggs,
Bellahouston, the Mains of Cathcart, and part of Langside : On the other part,
Barbara, with consent of her brother, Archibald Stewart, assigns to John
MaxweU, her future spouse, her bonds of provision for 7000 merks Scots and
£1000 respectively.1 Wodrow, under date 23d August 1727, says, with regard
to this marriage, that it took place on the 23d of this month at Edinburgh;
that it was a settlement, with the good-liking of all, most comfortable to the
good old Laird of Pollok, and a very great ease to his mind in his old age.2
Much against his inclination, Mr. Maxwell was, in the foUowing year, in
volved in the troubles of a disputed election of a Lord Rector for Glasgow
University. In 1727, for some reason, not explained by the records of the
University, there had been a double election of James Hamilton of Aikenhead,
and the Master of Ross. The former, however, did the duties of the office,
and the Master of Ross was not aUowed to take part in the business of the
University.3 In the following year, 1728, there was a fresh contest for the
office between the Principal's party and the students' party ; the Master of
Ross being the candidate proposed by the former, and Mr. Maxwell of Bla
warthill the candidate supported by the latter. Although Mr. MaxweU gave
no encouragement to the movement in his favour, there was a large majority
for him in several of the nations. But, according to Wodrow, the boys were
so cajoled, closeted, threatened, and flattered, that the Master of Ross's election
was carried by a majority of about fifty.4
On the death of Lord PoUok on 4th July 1732, Mr. MaxweU of Blawart
hill succeeded his Lordship in the Barony of Pollok, and in the title of Knight
Baronet, in terms of the extended limitation to the heirs of the estate, as
contained in the patent of Queen Anne, dated 27th March 1707. Mr. John
Maxwell thereupon adopted the style and designation of Sir John MaxweU of
PoUok, Knight-Baronet. On 13th October 1732, he expede a special service
before the Sheriff of Renfrewshire, and an inquest as nearest heir-male and of
line of Lord PoUok, in the barony of Pollok, the lands of Yocker and Blawart-
1 Extract Contract at Pollok. » Munimenta Univsrsitatis Glasguensis, vol. ii. p. 433,
and vol. iii. p. 346.
" Analecta, vol. iii. p. 437. * Wodrow's Analecta, vol. iv. p. 18.

SIR JOHN MAXWELL, THIRD BARONET, 1732-1752. 97
hill; also in Haggs, Govanshiels, Titwood ; in the lands of Meikle Govan,
and salmon-fishings in Clyde ; in the five-merk lands of Auldhouse, and merk
land of the church lands of Eastwood, called Broomland, alias Bruntfield ;
also in the lands of Cowglen,1 Pottertoun, Deaconsbank, and Over Darnley,
and Langside, Merrylee, and Tankerland, and others.2 SU John Maxwell was
infeft in the barony of Pollok and the other lands on 3d November 1732.3
Sir John Maxwell, like his cousin, Lord Pollok, was an elder of the Church
of Scotland, and a member of the kirk-session of Eastwood ; and immediately
after his succession to the Pollok estates took a prominent part in parochial
and ecclesiastical business. On 20th October 1732, he was present at a meeting
of session when it was agreed, —
" That for the preventing of unseasonable drinking in the paroch, that the minister should
give an advertisement out of the pulpit, discharging all persons from selling of liquours, or keeping
company in their houses after ten o'clock at night, under the pain of having the penalties appointed
by law inflicted upon them ; and because in the town of the Shaws there are the greatest tempta
tions this way, Sir John Maxwell was desired to prohibit all that keep public houses there to
entertain any persons at unseasonable hours ; and after the drum beat at ten of the clock at night,
to dismiss all company that are not lodgers, and to sell no liquors to people in their houses, or
others, after that time, excusing sick persons, or the like necessary cases, under what penalties he
judges proper, which he cheerfully engaged to do. After these intimations are made, the session
appoint one of the elders in the Shaws, with any they shall please to take with them, to visit the
public houses, after ten of the clock at night, frequently, and as often as they find cause, and see
if these orders are punctually kept ; and where they find them contravened, to inform the minister
and session. The session allows all the keepers of public houses, when company refuses to leave
their house after ten at night, to acquaint one or two of the elders, who are hereby required to go
to the house and require the company to dismiss personally, which if they do not, they are to
inform the Session of their contumacy." i
In the year 1743, Sir John Maxwell purchased the patronage of the parish
of Pollok or Eastwood from the tutors of the Earl of Dundonald.5 Sir John
took a great interest in all that related to the well-being of the parish, and ap
pears to have made this purchase for the good of the parishioners. The parish
has had the advantage of very able clergymen. Two of them, Mr. Mathew
Craufurd and Mr. Robert Wodrow, were historians of the Church.
1 By decreet-arbitral on submission between William 2 Extract Retour at Pollok.
Duke of Montrose and Sir John Maxwell, thirty-five s Original Instruments of Sasine at Pollok.
acres of the south-west part of Magdalene muir, ad- ,,,,„.,,,,, . „, ¦•
. . . _ , ,r ., , , ¦ * Records of the Parish of Eastwood, vol. n.
joining Cowglen, were set apart with march stones, m
full recompense of Sir John's servitude on the muir. — 6 Original Sederunt-book at Pollok.
[Extract-decree, dated 27th October 1744, at Pollok.]
VOL.. I. N

98 THE MAXWELLS OF POLLOK, 1647-1863.
Barbara Stewart, Lady Maxwell of PoUok, lived about ten years after her
marriage to Sir John Maxwell, and bore to him three sons and four daughters,
to be afterwards mentioned. After her death, Sir John Maxwell married,
thirdly, on 27th December 1739, Margaret, daughter of John CaldweU of that
Ilk. Their contract of marriage is dated the same day, and by it Sir John
Maxwell binds himself to infeft her in liferent in the mansion-house of Haggs,
and in the mains and causeyheacl of Cathcart, and she, on the other hand,
assigns to him in name of tocher the sum of 5000 merks.1
SU John Maxwell did not pursue his profession of a lawyer for any length
of time. He seems to have resided chiefly in the country, where he led a
retired ltfe, attending to his famUy affaUs and estates. His name does not
often occur in connexion with public events.
In 1751, Sir John Maxwell was elected Rector of the University of Glas
gow,2 an office which was long held by his cousin, Lord PoUok, by his uncle?
Sir George Maxwell, and by his grandfather, Mr. John Maxwell of Auldhouse.
It was in the time of this baronet that the present mansion-house-of
Pollok was buUt. The architect is presumed to have been Mr. Adam.
An old account, recently found, shows that he was consulted in the year
1737. On the 2d July of that year, the agent in Edinburgh of SU John
Maxwell charges 2s. 6d. for " Incidents with Mr. Adams," anent the draught
of his new house. A similar sum was paid to " Mr. White, his principal ser
vant that draws to him ; " and also the sum of 8cl. for a white iron case that
holds the draught.3 After the lapse of ten years from the furnishing of the
draught -plan by Mr. Adam, the house was commenced, probably in terms of
his plan, in the year 1747, and finished in the year 1752. Sir John only in
habited the new house for about two months previous to his death, which took
place there on the 24th December 1752.4 From that time the old castle of
Pollok, which, as already mentioned, was rebuilt by the Bishop of Orkney about
the year 1530, was allowed to become ruinous. Part of its materials, indeed,
were used in building the new mansion.5
By Lady Anne Carmichael, his first wife, Sir John Maxwell had two sons
and two daughters : —
1 Records ofthe Parish of Eastwood, vol. i. — Original 4 Scots Magazine, vol. xiv, p. 318.
contract at Pollok. 5 Semple's edition of Craufurd's History of Renfrew-
2 Scots Magazine, vol. xiii. p. 551. shire, pp. 189, 190.
3 Original Accounts at Pollok.

SIR JOHN MAXWELL, THIRD BARONET, 1732-1752.

99

1. John, the eldest, was born on 6th March 1719,1 and he died in infancy.
2. John, second son, who succeeded his father in Pollok. <
3. Marion, died young and unmarried in September 1737. 2
4. Beatrix, born on 20th April 1716.3 In the Pollok family she was commonly called " Lady
Betty." She became the only surviving child of Lady Anne Carmichael ; and, on the
3d of October 1758, shortly after the death of her only brother-german, Sir John Maxwell,
Beatrix Maxwell, as his apparent heir of line and executrix-at-law, disponed to her brother
consanguinean, Sir "Walter Maxwell of Pollok, and the heirs-male of his body, all subjects
heritable and moveable falling to her by the death of her brother Sir John, and that, in order
to carry out his wishes as to the destination of the property.4 On the 30th of the same
month, and for the same reason, she assigned to Sir "Walter the contract of sale of the estate
of Crookston and Darnley between her late brother and "William Duke of Montrose.5 She
expede a service as heir in general to her brother on 18th October 1758. By her will,
which bears date 26th November 1764, she left the liferent of the 25,000 merks of por
tion assigned to her by Lord Pollok to Jean Maxwell, her sister, relief of James Mont
gomerie of Lainshaw, and after her death, the whole sum to her brother, Sir James Maxwell
of Pollok, and his heirs.6 On the 12th February 1780, she made another will, bequeath
ing to her sister Jean in liferent, and her brother Sir James, and the heirs succeeding to
him in the estate of Pollok, in fee, the sum of 25,000 merks Scots, being the portion
due to her by the bond of the late Sir Walter Maxwell, her brother ; and leaving the resi
due of her estate to her sister Jean exclusively ; and revoking all other wills.7 Miss Max
well and her sister, Mrs. Montgomerie, resided at Auldhouse, where, according to the
account of the then clergyman of the parish of Eastwood, to be afterwards quoted, they
were a blessing to the neighbourhood. Miss Maxwell died at Auldhouse 5th April 1795,
in the 79th year of her age, unmarried.8
By his second wife, Barbara Stewart, Sir John MaxweU had three sons
and four daughters : —
5. George, born Nth November 1729.9 "Wodrow says Mr. Maxwell's lady was happily
delivered of a son on this day about ten of the clock ; that he baptized him under the
name of George, and that it was a great comfort to my Lord Pollok to have his family
strengthened by two sons, and to see a child named after his worthy and excellent father,
Sir George Maxwell.10 On the 2d January 1752, George Maxwell witnessed a contract
between his half-brother, Sir John Maxwell of Pollok, and Dame Margaret Caldwell, the
widow of their father, in which he is designated second son of the late Sir John Maxwell.11
Like his father, George Maxwell was educated for the law, and he became an advocate at
the Scotch bar. He was well skilled in engraving, as appears from a copper dial-plate

1 Records ofthe Parish of Eastwood, vol. i.
2 Diary of Sir John Maxwell at Pollok.
" Records ofthe Parish of Eastwood, vol. i.
4 Original Disposition at Pollok.
5 Original Assignation, ibid.
6 Original Will, ibid.

7 Original Will at Pollok.
8 Scots Magazine, vol. lvi. p. 373, and Information of
Sir John Maxwell of Pollok, 1863.
0 Records of the Parish of Eastwood, vol. i.
10 Wodrow's Analecta, vol. iv. p. 92.
11 Original Contract at Pollok.

100 THE MAXWELLS OF POLLOK, 1647-1863.
upon a pillar of stone wreathed work fixed upon a pedestal in the principal alley of the
garden at Pollok, where two alleys crossed, with the family crest, a stag's head, and motto,
" I am ready," neatly engraved ; also the thirty-two points of the mariner's compass,
with all the letters and figures thereto belonging. Upon the south side, below the crest,
is engraved, signed, and dated thus: "George Maxwell, sculptor, 1746, Lat. 55. 55."1,
Mr. George Maxwell obtained from his father the lands of Blawarthill, and he was de
signated of Blawarthill. His brother Sir John also made over to him the lands of Yoker
and others, by disposition, dated 12th November 1753.2 He died in July 1758, un
married. On 17th November 1762, Sir Walter Maxwell granted a bill for £100 to
Walter Stewart, in payment of a legacy left to him by his brother George Maxwell.3
0. Walter, who succeeded his brother consanguinean, Sir John Maxwell in the Pollok estates and
title of baronet.
7. James, who succeeded his brother Sir Walter and his infant son Sir John.
8. Annabella, born 15th September 1728.4 She died young, and unmarried.6
9. Barbara, born 23d January 1733, as appears from a letter of that date from' her father
to Eobert Alison, writer in Edinburgh, his agent, informing him that early that morning
his wife had been safely delivered of a daughter, whom he had named after her mother.6
Barbara Maxwell appears to have died young, and before 24th June 1736, when another
daughter of her parents was baptized with the same Christian name of Barbara.
10. Jean, born 27th December 1733.7 On the 29th of August 1757 she married James Mont-
bl gomerie of Lainshaw,8 who died in 176/ without issue. She survived her husband, and in
her widowhood was affianced to Alexander tenth Earl of Eglinton. A miniature of his lord
ship, which was presented by him to Mrs. Montgomerie, descended as an heir-loom to the
present Sir John Maxwell, who presented it to the late Earl of Eglinton and Winton when
on a visit at Pollok. Mrs. Montgomerie purchased the property or dominium utile of the old
family estate of Auldhouse, from Eobert Wardrope of Auldhouse. It was acquired by his
father, Mr. John Wardrope, bailie of the regality of Glasgow, from the Maxwells of Auld
house, or their immediate successors. Mrs. Montgomerie and her eldest sister, Miss Maxwell,
resided at Auldhouse. The Eeverend Stevenson M'Gill, minister of Eastwood, afterwards Pro
fessor of Divinity in the University of Glasgow, in his account of the parish published in 1 79 6,
gives a favourable notice of these ladies, " whose residence," he says, " diffuses blessings on
their neighbourhood, and who are the distinguished, though unaffected examples of every virtue
and of every duty."s Mrs. Montgomerie died about the year 1801. She left the estate of
Auldhouse to her nephew, Sir John Maxwell of Pollok, from whom it came to his son, the
present baronet.
11. Barbara, born 24th June 1736. 10 She died unmarried.
1 Scrapie's edition of Crawfurd's History of Renfrew- c Original Letter at Pollok. Records of the Parish of
shire, p. 189. This dial is still in the garden at Pollok, Eastwood, vol. i.
and in very good preservation. » Records of the Parish of Eastwood, vol. i.
2 Extract Disposition at Pollok. 8 Scots Magazine, vol. xix. p. 437.
3 Cash-book of Sir Walter Maxwell at Pollok. 9 Original Statistical Account of Scotland, vol. xviii.
* Records ofthe Parish of Eastwood, vol. i. p. 204.
'• Semple's edition of Crawfurd's History of Renfrew- 10 Records ofthe Parish of Eastwood, vol. i.
shire, p. 189.

SIR JOHN MAXWELL, FOURTH BARONET, 1752-1758. 101
By his third wife, Margaret Caldwell, Sir John had no family. She sur
vived him for nine years. On 2d January 1753 she entered into a contract
with her step-son, Sir John Maxwell of Pollok, for the resignation of her liferent
of the mains and house of Haggs and others, for an annuity of 2200 merks
Scots, that arrangement being considered for the advantage of both parties.1
She died at Hamilton on 25th March 1758,2 six months before the death of her
eldest step-son, Sir John Maxwell, who died on the 14th of September in the
same year.3 XIX. — (1.) Sir John Maxwell, fourth Baronet, 1752-1758,
Was born on the 27th of March 1720.4 When in his thirteenth year, he
became a student in the University of Edinburgh. He and his sisters were
placed under the care of theU aunt, Margaret MaxweU, and her husband,
Eobert Stewart, Professor of Natural Philosophy in that University. It was
in the month of October 1732, that young Mr. Maxwell entered the University,
as appears from the accounts of Mr. Eobert Alison, writer in Edinburgh, agent
for his father, Sir John Maxwell. Under date the 13th October 1732, Mr.
Alison charges Sir John with 13 s. 6d., as money spent in Mrs. Nicolson's with
Mr. Eobert Stewart, and others, when his son Mr. John entered the College.
Next day, the agent gave the young student a trip to Leith, to lighten
his academical studies: the "incidents" there, with Mr. John, his governor,
John Stewart (cousin, no doubt, of the student), and others, per tavern biU,
amounted to lis. 9-|d., and the stage coach for three persons to Leith, and five
from it, cost 2 s. 8d.
Two months after this, the young student was entered to learn dancing
with a Mr. Douney, whose quarter's fee is stated at £l, 10s. The "incidents"
usual to all business at this time, occurred at the "entry" to the dancing, and
are set down by the governor as amounting to 4s. 3d.
This governor was a Mr. Frederick Carmichael, probably some relation of
Mr. MaxweU's mother, Lady Anne Carmichael.
Mr. Maxwell appears to have studied at the University of Edinburgh for
1 Original Contract at Pollok. 3 Scots Magazine, vol. xx. p. 500.
2 Semple's Edition of Crawfurd's History of Renfrew- 4 Records of tbe Parish of Eastwood, vol. i.
shire, p. 189. Scots Magazine, vol. xx. p. 161.

102 THE MAXWELLS OF POLLOK, 1647-1863.
about seven years, or tUl the beginning of 1739, as there are payments made
to him, by his father's agent in Edinburgh, from the time of his entering the
University in 1732 till the year 1739.1
Soon after this date, and when about twenty years of age, he made a
tour on the Continent, for the purpose of completing his education. He was
accompanied by the learned Mr. William Eouet, who afterwards occupied suc
cessively the chairs of Oriental Languages and of Church History in the Univer
sity of Glasgow. For a short time Mr. WUliam Mure, younger of CaldweU,
joined Mr. Maxwell on. his travels, and an amusing incident occurred to them
whilst visiting the Chateau de Sceaux in France. The story was related about
thirty years afterwards to Mr. Mure's son, when visiting the chateau. There
is a large sheet of water in the park attached to the chateau, and the cicerone
informed Mr. Mure that, many years before, two impudent Englishmen, who
had been permitted to see the place, induced by the heat of the day, and think
ing themselves unobserved, proceeded to bathe in the lake. They were, how
ever, seen by some one, who informed the Countess d'Eu, and she immediately
ran clown with her ladies from the chateau towards the water, to the great
consternation of the bathers, who had just time, before she came up, to regain
their clothes, and effect their retreat into the wood. The guide added that
the strangers were both above six feet high, and that, as they made off the
Countess remarked " what fine, tall feUows they were, and how much she
regretted not having arrived in time to see them get out of the water."2
In the end of the year 1741, Mr. Maxwell, in compliance with his father's
wishes, left Paris and went to Geneva ;3 whence, on the 22d February 1742, he
wrote a long letter to his friend Mr. Mure, giving him an account of his
own employments, and of the manners and customs of the place. The men of
Geneva, he found, were of two sorts, either grave old philosophers, or young
foppish Petits Maitres, apes of the French. The old ones met in one another's
houses in clubs, or what they called Societes, and which got the name of the
" Societe des beaux esprits." Of these Mr. Maxwell made no claims to become
a member, and as for the other sort, he despised them. It was not easy, he
found, to get into the company of the ladies, as they were aU linked together
1 Original Accounts at Pollok. 8 Caldwell Papers, Part Second, vol. i. p. 18.
* Caldwell Papers, Part First, p. 30.

SIR JOHN MAXWELL, FOURTH BARONET, 1752-1758. 103
in these societes, and the Petits Maitres were jealous of the introduction of
strangers, lest they should lose their own ground.1
From Geneva Mr. MaxweU proceeded to Naples, whence he again wrote
to Mr. Mure, giving him an account of his movements, and much interesting
information. He had stopped about a month or so at Viterbo, not going for
ward to Eome on account of the unhealthy state of the atmosphere. Near
Viterbo he found a remarkable fountain of boiling water, apparently not
noticed by any writer, ancient or modern. All sorts of superstitious notions
and stories were told of this fountain, such as that it was without bottom, and
had a communication with hell, etc. The well was about forty feet in diameter ;
and Mr. Maxwell, by means of a cord with a cannon-baU attached to it, mea
sured its depth, which he found to be between thirty and forty yards. There
was a crowd of people who witnessed the measurement, but not one dared to
believe his own eyes that the well had a bottom. At a little distance from this
fountain, Mr. Maxwell also traced the Via Cassia upwards of three miles, which
in one place was quite entire, — of the same breadth, and made exactly in the
same way as the Via Appia, of large blue stones lying like wedges in the
ground. About five miles from Viterbo, he also discovered the remains of an
old Etruscan town called Ferentum. As to site, it agreed exactly with Livy's
description, and the ruins of temples, pavement of streets, and about twenty
arches of an amphitheatre, were still to be seen.
From Viterbo Mr. Maxwell, and some feUow-travellers, took a trip into
Tuscany on horseback, — their chief object being to see the Lake Thrasimene,
beside which the famous battle between the Eomans and Carthaginians under
Hannibal was fought. At Monte Fiascone, on the post road, they saw the
monument of a German Bishop, who, on travelling to Eome, sent his servant
before him to taste the wine in aU the public-houses by the way, and to write
the word Est above the door wherever he found the wine good. Here the
servant, finding the wine very good, wrote the word Est three times on the
door. And, as the story goes, the bishop died here in consequence of too freely
' indulging in the same, when his servant wrote on his monument the appro
priate inscription, — " Est, Est, Est ; propter nimium Est, Dominus meus —
mortuus Est."
1 Caldwell Papers, Part Second, vol. i. pp. 25, 26.

104 THE MAXWELLS OF POLLOK, 1647-1863.
From Monte Fiascone they went to Orvieto, formerly called Urbs Vetus,
a place which, in the time of the ancients, must have been almost impregnable.
It is situated on the top of a round hill, and its position is strengthened by the
cutting clown of the rocks perpendicularly all around it. Water is obtained
within it by an immense well, cut down in the rock to the level of a river which
runs past it. The water in this weU is reached by a double staUcase, with a
descent so easy that mules can go up and down it. The water always stands
at the same level, whatever quantity may be drawn, which indicates the neigh
bouring river to be the direct source of the well's supply.
Next day, after a rough ride, they arrived at the Lake Thrasimene, where,
with Livy in hand, they surveyed the battle-field, saw the Vallis Proclii and
the vUlage Ossaria, and then rode along the side of the lake to Cortona. Mr.
MaxweU was veiy much pleased with this place. The people here, he says,
were of a quite different genius from the rest of Italy : they did not spend
their time in courting one another's wives, but a spirit of sense and learning
prevaUed amongst them. From Cortona they went to Monte Pulciano, drank
a cup of its famous chirping wine, and then proceeded to Clusium, where Por-
senna was king when Eome was yet young. It bore traces of ancient great
ness, but was then almost quite desolate. There was a remarkable labyrinth
which ran under it from end to end, with several cross-roads between, which
was generaUy supposed to have been used as a burying-place for their kings.
From Clusium Mr. Maxwell returned to Viterbo, where he remained a few
clays, and afterwards made a short visit to Eome.1
WhUe abroad in 1741 and 1742, Mr. Maxwell had his thoughts very
much directed towards a Parliamentary life. He did not wish to lie as a dead
weight on his country, and though making no great pretensions as to business
qualifications, he yet wished for something more active than the Ufe of a mere
country laird. In these circumstances he thought, U he could carry his election
as a member of Parliament without much " drinking or pothering," that by
attending to the interests of the country, and acting and voting honestly, he
might be of service to his fellow-men.2 A few years after, this object of his
ambition was apparently within his reach. In February 1 744, an express was
sent from Glasgow to SU John Maxwell, requesting him either to go to Parlia-
1 Caldwell Papers, Part Second, vol. i. pp. 32-36. a Ibid, p. 25.

SIR JOHN MAXWELL, FOURTH BARONET, 1752-1758.

105

ment himself, or to send his son, as member for the Glasgow district of Burghs.
SU John at first positively declined either to be nominated himself, or to
aUow his son to be so. Had he agreed at once, the election must have been
certain, but before he consented to Mr. MaxweU bemg chosen, obstacles had
arisen which prevented his election.1
Although Mr. Maxwell did not succeed in getting into Parliament, he
was not left without honourable employment. His cousin, John third Earl
of Hyndford, an accomplished diplomatist, who had already done essential
service at the Court of Berlin, was, in 1744, sent as ambassador to the
Court of Eussia, and Mr. MaxweU accompanied him as one of his suite. The
dress in which Mr. Maxwell attended a royal marriage whUe in this embassy is
still at PoUok ; and a few years ago it was worn by Lord Belhaven at the
Queen's fancy ball. It consists of a coat of crimson silk velvet, knee-breeches,
and handsome vest. Mr. MaxweU appears to have come home some years be
fore Lord Hyndford, who did not return tUl 1750.
In December 1752, Mr. MaxweU's father died, and on 20th February 1753,
he expede a special service, as nearest and lawful heir-male and of line of Sir
John his father, in the barony of Pollok, and the other lands specified in the
retour of his father above mentioned, with some exceptions. The retour bears
that Sir John died on 24th December 1752.2 SU John, the heir, was infeft in
PoUok on 10th May 1753.3
On the 2d January 1753, he entered into a contract with his stepmother,
Dame Margaret CaldweU, whereby she gave up her liferent right to the
mansion-house of Haggs and Mains of Haggs, and he bound himself to pay
her an annuity of 2200 merks Scots.4 This baronet buUt the stone-bridge
over the river Cart for his own use, which still serves the mansion of PoUok.
Its parapet- waUs are fine baUusters, forty on each side, and bear the date 1757
and 1758.5 In the year before his death, Sir John purchased from WUliam Duke of
Montrose the lands of Crookston, comprehending the Mains of Crookston,
Byres of Crookston, Netherton of Crookston, HUlbank and Broadcroft, Old

1 Caldwell Papers, Part Second, vol. i. p. 61.
2 Extract Retour at Pollok.
3 Origmal Instrument, ibid.
VOL. I.

Original Contract at Pollok.
Crawfurd's Renfrewshire, Semple's edition, p.

190.

106 THE MAXWELLS OF POLLOK, 1647-1863.
Crookston, and the wood of Crookston, the lands of Mains of Darnley, with
the mill of Darnley, being aU parts of the lands of Crooksfie and Darnley, in
the earldom and late regality of Darnley, with towers, fortalices, etc. The
price of these lands was £12,000 sterling.
Sir John did not long enjoy his estates, as he died at Pollok on the 14th
September 1758, aged thirty-eight years, and unmarried.1 He was very fond
of manly and athletic exercises, in which he greatly excelled. He was a good
swimmer, an expert skater, and an exceUent horseman. There is a tradition in
the family, that he could pick up a coin from the ground whilst his horse was
at a canter-gaUop. He could accomplish a mile in a minute on his skates, and
speaks of this amusement in enthusiastic terms.2 And perhaps his love of swim
ming may have in some measure led to the adventure at the Chateau de Sceaux.
But besides excelling in these exercises, Sir John was a man of great abihty and
scholarship, and considered by those who knew him to be one of the most ac
complished men in Scotland ; and from Ms avowed wish for public employment,
there is every reason to believe that his untimely death deprived the country
of valuable services at his hands.

XIX. (2.)— Sir Walter Maxwell, fifth Baronet, 1758-1762;
D'Arc r Brisbane, 1760-1810.
On the death of Sir John Maxwell, on 14th September 1758, his next
surviving brother consanguinean, Walter, became Sir Walter MaxweU, Baronet,
of Pollok. He was the second surviving son of SU John Maxwell,
by his second wife, and succeeded to the estate when in the
twenty-seventh year of his age, having been born on the loth of
February 1732.3
Immediately after his succession, Miss Beatrix Maxwell, only
surviving sister-german of the late Baronet, by disposition, dated 3d October
1758, conveyed, as already stated, to Sir Walter Maxwell, all property, real and
personal, falling to her by the death of her brother.4. She also disponed to
SU Walter the estates of Crookston and Darnley, and thus enabled him to get
1 Scots Magazine, vol. xx. p. 500. •' Records ofthe Parish of Eastwood, vol. i.
2 Caldwell Papers, Part Second, vol. i. p. 27. * Original Disposition at Pollok.

SIR WALTER MAXWELL, FIFTH BARONET, 1758-1762. 107
the disposition to these lands in his own favour from the Duke of Montrose,
from whom Sir John had purchased them shortly before his death.1
On 11th April 1759, Sir Walter expede general services as nearest heir-
male and heir of provision of Sir John his father, and also of Sir John Max
well his brother consanguinean, in the lands of Yoker and Blawarthill.2 On 3d
July 1761, he obtained a charter of adjudication under the Great Seal, in
favour of himsetf and his heirs-male and assignees of the barony of Pollok,
and other lands.3 He was infeft in Pollok on 9th September 1761.4
Sir Walter MaxweU married D'Arcy Brisbane, daughter of Thomas Brisbane
of Brisbane. Their contract of marriage is dated 19th February 1760. Sir
Walter thereby became bound to resign the barony of PoUok, and other lands,
in favour of himself and the heirs-male of the marriage, whom failing, to the
other heirs therein mentioned. He granted a procuratory of resignation in
terms of that obligation on 9th March 1762,5 being the month preceding his
death, and an instrument was expede thereon in favour of his brother, Sir
James, on 6th August following.6 Sir Walter also became bound to infeft Lady
MaxweU in an annuity of £300 sterling, and she assigned to him aU sums
of money to which she was entitled.7 The proclamation of the banns of their
marriage was made in the parish church of Eastwood on the 16th of February
1760 ;8 and they were married at Edinburgh on the 19th of the same month.9
Of this marriage there was an only son, John MaxweU, born on the 27th
November 1761.10 SU Walter Maxwell died on Thursday, the 29th of AprU,
in the following year,11 being Uttle more than two years after his marriage,12 and
less than four years after his succession to the estate. His child survived him
for a few weeks only, and thus D'Arcy Lady MaxweU, whUe yet in the prime
of youth, was rapidly bereaved of both husband and son. Saddened in early
life by these afflictions, she remained, during her long widowhood of nearly
half a century, eminent for her piety and active benevolence.13
1 Original Assignation at Pollok. 9 Scots Magazine, vol. xxii. p. 105.
2 Extract Retour, ibid. w Records of the Parish of Eastwood, vol. iii.
B Original Charter, ibid. u Scots Magazine, vol. xxiv. p. 227 ; Glasgow Jour-
4 Original Instrument, ibid. nal, No. 1083.
" Extract Procuratory, ibid. 12 Life of Lady Maxwell, p. 16.
6 Original Instrument, ibid. 13 A short memoir of D'Arcy Lady Maxwell will be
7 Extract Contract, ibid. found at page 412 of this volume.
8 Records ofthe Parish of Eastwood, vol. iii.

108 THE MAXWELLS OF POLLOK, 1647-1863.
XX. — (1.) Sir John Maxwell, sixth Baronet, 1761-1762.
Sir John Maxwell, only child of Sir Walter Maxwell and D'Arcy Bris
bane, was born on the 27th of November 1761,1 and succeeded his father on
29th AprU foUowing, when a chUd of about five months old. On the 14th of
June 1762, he was retoured as only child and heir-male of Sir Walter Maxwell
his father.2 But on Friday the 25th of June 1762, being nine weeks and one
day after his father's death, the infant baronet met with a fatal accident.3 The
baronetcy and estates then devolved upon his uncle, James MaxweU, who, on
23d July 1762, expede a service as nearest heir-male, and also heir in general
of Sir John MaxweU, only child of the marriage of Sir Walter MaxweU and
Dame D'Arcy Brisbane his spouse.4
XIX. — (3.) Sir James Maxwell, seventh Baronet, 1762-1785 ;
Frances Colhoun, 1764-1786.
Sir James Maxwell was the sixth chUd of Sir John MaxweU of Pollok,
being his third son by his second wUe, Barbara Stewart, and was born on the
26th March 1735.5 Mr. Maxwell was a stout-made man, and he stood six feet
four inches. FincUng little encouragement to engage in any of the occupations
open in his native country to a person in his position of a younger son, he de
termined to push his fortune abroad, where the cadets of many Scotch famUies
found more opportunities of improving theU fortunes than at home. He there
fore resolved on going as a planter to the Island of St. Christopher. Before
leaving Scotland, he prepared himself for some of the occupations of which a
knowledge might be required in that career, by working as a carpenter at the
bench of David LUlie, who was then Deacon of the Wrights in Glasgow. Mr.
Maxwell dUigently attended to this employment along with the working
journeymen, and is said to have become 'an expert joiner.6
About five years after his succession to PoUok, Sir James purchased from
' Records ofthe Parish of Eastwood, vol. iii. " Letter from " Senex" in the Glasgow Daily Herald,
2 Original Retour at Pollok. 10th September 1859. This story is related so circum-
3 Semple's Edition of Crawfurd's Renfrewshire, p. stantially in the letter referred to, that it is probably
190. Scots Magazine, vol. xxiv. p. 395, and Glasgow well founded, although there is no tradition of it in the
Journal, No. 1091. Pollok family. Mr. James Maxwell was about seventeen
4 Extract Retour at Pollok. or eighteen years of age when he thus took to the
5 Records ofthe Parish of Eastwood, vol. i. "bench" as an amateur.

SIR JAMES MAXWELL, SEVENTH BARONET, 1762-1785. 109
William Duke of Montrose the superiority of the lands of Meikle, Nether, and
Little Cowglens, HiUfield, Potterton, Deaconsbank, and Over Darnley, with
the office of baiUary of the said lands, all in the earldom of ^Darnley. The
disposition by the Duke in his favour is dated 29th AprU 1767.1
SU James was one of the principal founders and shareholders of the Thistle
Bank in Glasgow. On one occasion, when there was a run on the bank, he sent
from PoUok to the bank a corn-sack with gold coins, being accumulations of
rents of the estate, to meet the demands.2 The bank, however, ultimately
failed, and Sir James and his family lost money through the faUure.
Sir James Maxwell was for several years an elder of the kUk-session of
the parish of Eastwood. As a mark of respect to Sir James as patron and
principal heritor of the parish, the bellman, before commencing to ring the
beU, always waited for the appearance of Sir James's carriage, even should it
have been half-an-hour behind the stated time.
Soon after his succession to Pollok, Sir James MaxweU married Frances
Colhoun, second daughter of Eobert Colhoun, of the Island of St. Christopher,
who was a younger son of Colhoun of Kenmure, in the county of Lanark.
Their contract of marriage is dated 19th and 23d November 1764. SU James
MaxweU thereby became bound to pay to her a yearly jointure of £450 ster
ling. The tocher of Frances Colhoun was £5000 sterling.3 Two sons and two
daughters were the fruit of this marriage, viz. : —
1. John, who succeeded his father.
2. Eobert, who was born on 17th July 1770.* He adopted the military profession, and, at the
age of seventeen years, he was, on the 15th August 1787, appointed an ensign in the 18th
or Eoyal Irish Eegiment of Foot. He was made lieutenant of an independent company of
foot on the 24th of January 1791 ; and on the 2d of March following he was appointed
lieutenant to a company in the 1 8th or Eoyal Irish Eegiment of Foot, then commanded
by General Sir John Sebright, Baronet. On the 12th June 1793, he was made captain of
an independent company of foot, then to be immediately raised ; and on the 2d January
1794, he was made captain in the 16th or Buckingham Eegiment of Foot.6
1 Extract Disposition at Pollok. Dunlop lays six guineas and a half to six, that Lady
2 Information of Thomas Cuninghame at Pollok, Maxwell's first child shall be a son."— [Original cash-
who has been upwards of sixty years the attached ser- book at PoUok.] The ladies thus referred to were
vant of the present Sir John Maxwell. sisters. Mrs. Wallace of Kelly was mother of the late
3 Original Contract at Pollok. The following wager Robert Wallace of Kelly, sometime M.P. for Greenock,
concerning the issue of this marriage has been preserved who was a cousin of the late Sir John Maxwell of
by Sir James in his cash-book, under date 10th Feb- Pollok.
ruary 1772 :— " Mr. James Dunlop lays five guineas 4 Records ofthe Parish of Eastwood, vol. in.
that Mrs. Wallace's first child is a female. Mr. James • Original Commissions at Pollok.

110 THE MAXWELLS OF POLLOK, 1647-1863.
Captain Maxwell was very tall, being fully six feet three inches in height. He was a
fearless equestrian, and a lover of all manly sports and exercises. He died at Pollok House
on 1st July 17 9 6.1
Captain Eobert Maxwell married Margaret Cuninghame, daughter of Sir William Cun
inghame of Fairlie, without issue. For reasons best known to themselves their marriage was
kept private till his death. He was buried in the Pollok family vault at Eastwood. His
widow, Margaret Cuninghame, married, secondly, John Cuninghame of Craigends, and they
had five sons and six daughters. One of these daughters is the present Anne Dowager-
Duchess of Argyll. John Cuninghame was first married to Frances, sister of Captain
Eobert Maxwell (the first husband of Margaret), but of that marriage there was no issue.
3. Frances was born on 24th March 1772.2 She married John Cuninghame of Craigends.
Their contract of marriage is dated 9th June 1794.3 She died at Craigends without issue
on 10th May 1797. 4 After her death he married, secondly, as already stated, Margaret
Cuninghame, widow of Captain Eobert Maxwell, brother of this Frances Maxwell.
4. Barbara (Mrs. Greville Ewing). A short memoir of her will be found at p. 418 of this Volume.
On 14th July 1773, Sir James Maxwell, in implement of his contract of
marriage, made a resignation of the barony of Pollok, the lands of Crookston and
others, for new infeftment in favour of himself and the heUs-male of his marriage
with Dame Frances Colhoun ; whom failing, to his heirs-male of any other mar
riage ; whom failing, to his daughters without division ; whom failing, to the heirs
whomsoever of the body of his deceased father, and the heirs of their bodies with
out division ; whom failing, to such person as Sir James should nominate ; whom
all failing, to his nearest heirs-male or assignees whomsoever, the whole heUs to
bear the surname of Maxwell, and the arms and designation of Maxwell of PoUok.5
Sir James Maxwell died at Pollok on 3d May 1785,6 in the fifty-first year
of his age, leaving the four children above named. Frances Colhoun, Lady
Maxwell, survived him, and in her widowhood resided chiefly at Pollok, oc
casionally visiting Edinburgh. At a meeting of the curators of her son, Sir
John, held at PoUok on 27th May 1785, it was agreed that he and his brother
Eobert, and their two sisters, should board with their mother in town ; that
Sir John, for himself, his governor, and servant, should pay £340, and his
brother and sisters each to allow £20 sterling yearly for bed, board, and wash
ing, and that their clothes be provided out of their own funds. This allowance
was to be mcreased if it was found to be insufficient.7
1 Scots Magazine, vol. lviii. p. 506. '• Original Procuratory at Pollok.
2 Records ofthe Parish of Eastwood, vol. iii. 8 Scots Magazine, vol. xlvii. p. 258.
¦• Original Contract at Pollok. ' Original Minute at Pollok.
* Scots Magazine, vol. lix. p. 432.

SIR JOHN MAXWELL, EIGHTH BARONET, 1785-1844. Ill
Frances Lady Maxwell married, secondly, in April 1786, Sir John Shaw
Stewart of Greenock and Blackhall, Baronet, without issue. She survived her
second husband also, and died at Glasgow, on 21st March 1818.1

XX. (2). — Sir John Maxwell, eighth Baronet, 1785-1844;
Hannah Anne Gardiner, 1788-1841.
Sir John Maxwell was born on 31st October 1768,2 and succeeded his
father on 3d May 1785, being then in the seventeenth year of his age. He
soon after obtained a commission in the Queen's Bays, in which regiment he
served until his marriage, when he retired from the army.3
From an early period of his life, Sir John was very fond of hunting. He
warmly promoted the sport in his own district, and subscribed to several packs
of foxhounds which at different times hunted the counties of Lanark, Eenfrew,
Ayr, and Dumfries. He was subsequently, for several years, Master of the
Eenfrewshire and Lanarkshire Foxhounds, to which his own subscription was
£1500 a-year. After resigning the Mastership, Sir John hunted for several
seasons in Lincolnshire, as he had done previously.
About 1812, Sir John gave up fox-hunting, and kept greyhounds for cours
ing ; and on 16th September 1831, the EenfrewshUe and LanarkshUe Coursing
Club entertained him at dinner in the Tontine Hotel, Glasgow, when nearly
sixty gentlemen were present, and Mr. James Oswald, afterwards M.P. for
Glasgow, was in the chaU.
SU John went for many successive seasons to BirkhaU, in Aberdeenshire,
for grouse-shooting. He usually remained there about a month, and always
performed the journey on horseback, which occupied four or five clays.
Farming was another favourite occupation of Sir John's ; and his time
being thus actively occupied, he had little inclination to engage in poUtical
affairs. During the keen contests, however, which preceded the Eeform Act,
he was induced by the Whig party, with whom he always consistently acted,
to contest, in the autumn of 1830, the representation of Lanarkshire with the
1 Scots Magazine, vol. xlviii. p. 258, and Edinburgh Battalion of Renfrewshire Volunteer Infantry before they
Magazine vol. ii. p. 499. were disbanded in 1810. In that year he was presented
2 Records of the parish of Eastwood, vol. iii. by the officers with a silver punch-bowl and ladle as a
3 Sir John was Lieut.-Colonel commandant of the Eastern mark of their approval of his conduct while in command.

112 THE MAXWELLS OF POLLOK, 1647-1863.
powerful famUy of Douglas. On that occasion his opponent, the Honourable
Charles Douglas, was successful by a majority of fifteen votes. The late Sir
Michael Shaw Stewart was one of SU John's supporters. Before voting, Sir
Michael addressed the meeting, and said —
" I give my vote for Sir John Maxwell ; and in voting for that excellent man, I most truly feel
that I am voting for a fit and proper person to represent this great county in Parliament ; for if
high and unblemished character, if unsullied integrity, if the most determined sincerity, if innate
manliness and suavity of disposition, if liberality and independence of sentiment itself, if a long life
spent among men in the exercise of a kind and generous hospitality, and in the practical advance
ment of all the great agricultural interests of the county, if the universal respect of his equals, and
the grateful devotion of a fostered tenantry, and the blessings poured upon his honoured name from
the heart and by the voice of the people, if such qualifications constitute a fit and proper person to
represent this vast county in Parliament, then do I declare, and I appeal to every man here present,
be his political bias what it may, and no one in this assembly more justly appreciates the weight of
character and high respectability of my honourable friend the gallant Colonel, yet I declare that in
the kingdom, for I limit not myself to a county, there does not exist an individual who more truly
and practically combines all these rare qualifications than my honoured and excellent friend Sir
John Maxwell ; and I therefore tender him my vote freely, cordially, and affectionately." 1
After the election, SU John Maxwell entertained his supporters in the
Town HaU of Lanark. Among those present was the late SU James Graham
of Netherby, who, on his health being proposed, said —
" He had come down to Scotland on the present occasion to vote for one than whom, since
the county lost the invaluable services of Lord Archibald Hamilton, they could not find a better.
He was a veteran in the cause, who had never flinched nor deviated, and he would rather see him
in the House of Commons, for the character of the House of Commons itself, as the member for a
Scottish county, than any one now living  He would rather have been defeated on the
side of Sir John Maxwell than have succeeded in favour of any other."
After the passing of the Eeform Act, the ancient burgh of Paisley was
empowered to return one member, and on the first election the constituency
chose their neighbour Sir John Maxwell.2 He continued to represent Paisley
till the year 1834, when he resigned his seat.
On the death in 1836 of Sir Michael Shaw Stewart, M.P. for Eenfrew
shire, Sir John was induced to contest on the Liberal side the representation
of that county with Mr. George Houston, Younger of Johnstone Castle.
1 Glasgow Chronicle of 13th August 1830. and freeman of the burgh, and he is described as " one
2 On 10th December 1832, the Town-Council of Pais- of the first candidates for the representation of Paisley
ley unanimously made Sir John an honorary burgess in the British Parliament." — [Extract at Pollok.]

SIR JOHN MAXWELL, EIGHTH BARONET, 1785-1844. 113
Although unsuccessful on that occasion, Sir John's conduct was very much
approved of by the leading men of his party.
The office of Lord-Lieutenant of Eenfrewshire becoming vacant, by
the death in 1838 of Mr. Campbell of Blythswood, Viscount Melbourne, then
Prime Minister, wrote to Sir John Maxwell that he should have great pleasure
in recommending to Her Majesty to appoint him Lord-Lieutenant of the
county, adding, that this offer was so clearly due to his property and station,
and the steadiness of his political conduct, that he anxiously hoped it might
suit him to accept of it. Sir John thanked his Lordship for the proposed
honour, which, owing to his advanced age, he declined.
So highly was he esteemed by his friends in Eenfrewshire, that at a public
meeting they agreed to petition the Crown to raise him to the peerage. This
honour was also recommended by those who then advised the Government on
the business of Scotland ; but owing to some delay, and change of circum
stances, the proposed honour was not conferred.
SU John was a member of the Hodge-Podge Club in Glasgow, a literary
and convivial society, founded by the celebrated Dr. John Moore in 1750,
which for many years ranked amongst its members many of the most eminent
men in the west of Scotland. His position in this Society is shown in the
foUowing Unes of a poem written by Mr. James Murdoch, one of the members,
in continuation of a series of lyrical portraits of the Club composed in 1766 by
Dr. Moore : —
" Next Maxwell appears, but here let me pause,
There's no opening for satire, and he shrinks from applause,
Sees some led by fashion, and others by pelf,
But regardless looks on, and still acts for himself.
If advice you e'er offer, he'll never gainsay,
Politely he hears you, and takes his own way."1
Sir John married, in 1788, Hannah Ann Gardiner, daughter of Captain
Eichard Gardiner of Mount AmeUa, in the county of Norfolk. Her Ladyship
died on the 21st July 1841.2
1 MS. copy by the late Lady Matilda Maxwell. The which work there is a full and entertaining notice of the
poem (without the latter couplet) will be found in Dr. Hodge-Podge Club.
Strang's well-known agreeable volume, Glasgow and its 2 Memoir of Greville Ewing, pp. 581, 586. Additional
Clubs, 2d edition, Glasgow 1856, 4to, p. 53, note, in notices of Lady Maxwell will be found infra, p. 424.
VOL. I. p

114 THE MAXWELLS OF POLLOK, 1647-1863.
Like his father, SU John was taU and handsome. He stood about six
feet three inches, and was of great muscular strength. Throughout his long
life he enjoyed exceUent health, and only began to be indisposed shortly before
his death. On the morning of Tuesday the 30th of July 1844, he arose at his
usual early hour to take an airing in his carriage. He had previously been
complaining of a palpitation at the heart, and when leaving the house to enter
his carriage he faltered, and, although assistance was speedUy rendered, he
almost immediately expUed. He was seventy-six years of age, havmg enjoyed
the PoUok estates for the long period of fifty-nine years.
Of his marriage there were one son and three daughters : —
1. Sir John, the present baronet.
2. Harriet Anne Maxwell, who was born on 26th March 1789.1 She never married, and re
sided almost constantly at Pollok with her parents. When her father was Master of the
Hounds, Miss Maxwell not only frequently appeared at the covert side, but followed the
hounds. She likewise hunted with the stag-hounds in Lincolnshire. Her mother, Lady
Maxwell, and she occasionally corresponded in verse. In the beginning of 1815 Miss
Maxwell thanked her mother for her kind care of her, during a severe illness, in the fol
lowing lines : —
Mother ! whose anxious cares by night and day, And when the sickly taste refuses food,
No pen can paint, no gratitude repay, And all the good you do appears no good,
'Tis yours to smooth the long, the weary bed, To bear the fretful mood with patient smile,
And pillow oft the sleepless, aching head. And try the tedious moments to beguile 
'Tis yours to give your strength, and kindly bear 'Tis mine to bless, as every hour I prove,
This helpless body to the easy chair ; The depth and fulness of a mother's love.
There is at Pollok a full-length portrait of Miss Maxwell by Sir Henry Eaeburn,
which has been considered one of the finest female portraits ever painted by that artist.2
After a severe illness, Miss Maxwell died at Pollok on 18th October 1841, and was buried
in the Pollok burying-ground in the old church-yard of Eastwood. By her settlement,
dated 21st June, etc., 1841, she left ,£4000 to be invested, and the interest to be applied
annually, as follows : — Three fourths equally to (1.) the Eoyal Infirmary; (2.) the Deaf
and Dumb Institution ; (3.) the Asylum for the Blind, all of Glasgow ; (4.) the Glasgow
and Eastwood Club ; and (5.) the British and Foreign Bible Society. The remaining
fourth part of the annual interest is added to increase the fund. For the purpose of carry
ing out to the fullest extent, his late sister's benevolent intentions, Sir John Maxwell pays
the trustees an annuity of .£200, or five per cent, on the £4000. The sum paid at Whit
sunday 1862 to each of the five charities for the preceding year, was £30, 12s. lOd. The
1 Records ofthe Parish of Eastwood. his Majesty, that this eminent portrait-painter should
2 A lithograph of part of that portrait is given in be knighted. Sir Robert at once acted on the sugges-
vol. ii. When King George IV. visited Scotland in tion, and the honour was immediately conferred —
1824, the present Sir John Maxwell suggested to Sir [Letters of Sir Robert Peel and Sir Henry Raebum at
Robert Peel, tbe Secretary of State in attendance on Pollok.]

!' *'.' ¦}%¦•' ?>J ¦''?¦ '.- 1:;; ¦"*.*• '*"--*.*•.*'¦'¦' ¦ ,.: '*v, '"- V? ¦'• ' i-.* ¦'*>-''*- v:'^ ;*' -V :-rs '¦' '• ..t1-"*1 V .- S":'

---¦-^-

WYCH ELMS
NEAR THE ENTRANCE TO THE STABLES AT POLLOK

THE WYCH ELMS AT POLLOK.
This graceful group of Wych Elms stands on the banks of the river Cart,
at Pollok, in Eenfrewshire, just beneath the site of the castle occupied by the
ancestors of Sir John MaxweU, Bart. ... As they stand opposite to a row of
trees of the same kind, which are now nearly all decayed, it may be presumed
that they are of considerable antiquity. The ground on which they stand is
fraught with interesting recoUections, lying between Crookstone Castle, the
residence of Lord Darnley, and the field of Langside, and adjoining the ancient
Roman camps of Northwood and CamphiU.
The principal tree in this group is of extraordinary health and vigour, and
does not exhibit the slightest appearance of decay : it is completely covered
with foliage, and its leaves, instead of being smaU, as is generally the case in
old trees, are large and luxuriant : it still sends forth its tribute of new shoots
annually to the spring, and continues to increase both in height and girth. In
1812, it was ten feet ten inches in circumference at five feet from the ground ;
in 1824, it measured eighteen feet one inch in circumference at the surface of
the ground, and eleven feet ten inches at five feet from the ground : its height
is eighty-eight feet, and it contains six hundred and sixty-nine feet of solid
timber.

TO JOHN MAXWELL, ESQ. OF POLLOK,
MEMBER OF PARLIAMENT FOR THE COUNTY OF RENFREW,
The Sylva Scotica is respectfully dedicated, with the hope that it may at
once perpetuate the remembrance of some of his favourite trees, and the esteem
in which his patriotism and benevolence are held by
His obliged Friend and Servant, THE AUTHOR

[From Sylva Britannica, or Portraits of Forest Trees distinguished for
their antiquity, magnitude, or beauty. Drawn from nature and etched by
Jacob George Strutt. London : J. G. Strutt, &c, 1822.]

SIR JOHN MAXWELL, NINTH AND PRESENT BARONET. 115
annual increase of the stock, by the addition of a fifth part of the interest, will soon make
the bequest one of great importance to the charities.
3. Mary, who died in infancy.
4. Elizabeth was born in 1793. She married Archibald Stirling or Kenmure, afterwards of
Keir, on 1st June 1815. Mrs. Stirling died at Kenmure on 5th September 1822, at the
early age of twenty -nine years. She left one son and two daughters, viz., William Stirling,
now of Keir, M.P. for the county of Perth ; Hannah Anne Stirling, and Elizabeth Stirling.
Both of these ladies died unmarried ; the former on 18th July 1843, and the latter on
12th September 1845.

XXI. — Sir John Maxwell, ninth and present Baronet ;
Lady Matilda Harriet Bruce, 1839-1857.
The present SU John Maxwell succeeded as ninth Baronet on the death
of his father, on 30th July 1844. He is the twenty-first generation from
Undwin, the father of Maccus. SU John was born on the 12th of May 1791,
and in 1798 was sent to a school kept by the Rev. Doctor MacLetchie, minister
of Mearns, who received a few young gentlemen as boarders at his manse,
among whom at that time were the present Earl of Glasgow, and the present
Lord Belhaven.1
Having remained at Mearns about five years, Mr. MaxweU was for three
years (from 1802 to 1805) at school at Market Raisin, about sixteen mUes
from Lincoln, and tUus had occasional opportunities of joining his father in his
favourite sport, as Sir John at that time resided at Lincoln during the hunting
season. From Market Raisin Mr. MaxweU went to Westminster school, where he
remained untU 1809, in which year he entered as a Gentleman Commoner of
Christ Church, Oxford, where he graduated. The Dean, Dr. HaU, wrote in
August 1812 to Sir John MaxweU, saying how highly he esteemed his son :
" I am much mistaken," he adds, " if his amiable disposition, his manly senti
ment, and, I may add, his talents, if he wUl exert them, do not make him a
most useful and valuable member of society." In 1812, Mr. MaxweU attended
several of the classes in the University of Edinburgh. He was soon afterwards
1 Mr. Maxwell wrote to his father on 1 6th December spell English. After dinner, I get a short lesson by
1800, an account of his exercises at Mearns : — " I rise heart, and the rest of my time I devote to amusement.
by seven every morning, and read Latin till break- I am reading Cornelius Nepos, and like Latin very
fast ; from ten till one I write a copy, and read and much."

116 THE MAXWELLS OF POLLOK, 1647-1863.
appointed LieutenantiColonel of the Renfrewshire Militia, but he did not hold
his commission long, owing to the refusal of the Government to send relief to
the starving operatives in Paisley.
In the month of August 1813, Colonel Maxwell, accompanied by Mr.
John Bramsen, an ex-officer of the Prussian army, and afterwards Professor of
German in the University of Oxford,1 set out on a foreign tour, in the course of
which he visited Sweden, Prussia, Austria, the Ionian Islands, Egypt,2 Jerusa
lem, and Syria, returning by Greece, Italy,3 Germany, Denmark, HoUand, and
the Netherlands.4 Colonel Maxwell reached Pollok a few days before Christmas 1815, after
an absence of nearly two years and a half.5
On the retirement of Archibald Speirs of Elderslie as Member for the
shUe of Renfrew, Mr. Maxwell, who was then in his twenty-sixth year, was
elected by the freeholders on 4th July 1818. Mr. Boyd Alexander of South-
bar, who was his opponent, did not go to a vote. Mr. Maxwell was supported
by Lord Archibald HamUton, M.P. for Lanarkshire. Lord Archibald, in his
speech to the freeholders in favour of Mr. Maxwell, said : —
" I have known Mr. Maxwell for a long time, and I think it a duty which I owe to my friend
and to my brother freeholders, to bear my humble testimony to the virtues of his character, and to his
fitness to discharge the important duties which you are about to impose upon him. . . . We
are sensible how important it is, in times like the present, to have honest and independent men sent
into Parliament  From what I know of the character and principles of my friend, who is
to be honoured with your choice this day, I will pledge myself that he knows well how to distin
guish between a jealous regard for the rights of the people, and the encouragement of anything
which can tend to disturb the social order of society."
1 Mr. Bramsen published, in 1818, an accountof these throughout his route to Naples with the honours due tn
travels in two vols. 8vo, in English and French. an Envoy Extraordinary.
2 While in Egypt, Colonel Maxwell was most hospit- i When at Spa, Colonel Maxwell met the Prince ot
ably entertained at Dananhour by Ali Bey, the nephew Orange, who was suffering from his wound received at
of Ali Pasha, who was at that time absent on a warlike Waterloo ; and had the honour of dining with the
expedition. Prince, whom he had known at Oxford.
3 At Otranto Colonel Maxwell was threatened with 6 During these travels Colonel Maxwell kept a
a forty-seven days' quarantine ; but being fortunately journal, which is still preserved at Pollok. He was ac-
the bearer of despatches from the Governor of Corfu oompanied throughout the tour by Mr. Thomas Cuning-
to the British Consul at Naples, orders were in a few ham, who had been his playmate at school, and attended
days received from Murat, then King of Naples, on him while he was at Oxford ; and whose forefathers
directing him to continue his route without delay. had been on the Pollok estate for upwards of three hun-
Upon this the inhabitants immediately concluded that dred years. Mr. Cuningham is still in Sir John's house-
Colonel Maxwell was charged with a special mission hold, of which he has now been a member for more
from the British Government, and he was received than sixty years.

SIR JOHN MAXWELL, NINTH AND PRESENT BARONET. 117
Mr. MaxweU frequently addressed the House of Commons. On 10th
April 1819, a member wrote to Lady Maxwell, giving an account of Mr.
MaxweU's first speech in the House. It was in support of Lord Archibald
HamUton's motion respecting Ulegal elections of magistrates in the burgh of
Aberdeen, on the 1st of AprU 1819. He spoke, says the writer, very well, inas
much as he spoke clearly, manfully, and succinctly to the question, and, above
aU, with the free and unembarrassed aU of a high-bred gentleman. On the
26th of May, Mr. MaxweU seconded, and spoke in support of the motion of
Sir Charles Monck against the cession to Turkey of Parga, a continental depend
ency of the Ionian Islands. A. Scotch member writes, on 2 8th May 1819: "I felt
nervous for MaxweU, because I saw Sir Charles Monck had already tired the
House, and exhausted the subject, but I felt thus nervous only to become in
the end more gratified and pleased by the concise, yet general, the forcible and
feeling manner, as a statesman, a Christian, and a traveller, in which MaxweU
supported the motion, and urged the cause of the interesting Parguinotes.
He was cheered during his speech, and very much so when he sat down. He
hit the house exactly in the right place, viz., by exciting their feelings, without
lingering on theU attention. He performed his difficult task well, and made a
firm, feeling, able, and most gentlemanlike appearance."
At the first general election which took place after the accession of
George IV., Mr. MaxweU was re-elected Member for Renfrewshire on 21st
March 1820, after a contest with his former opponent, Mr. Boyd Alexander.
Mr. Maxwell was, for the thUd time, elected on 1st July 1826, and thus
sat in three successive ParUaments for RenfrewshUe. On the dissolution of
Parliament in 1830, he did not again solicit the suffrages of the electors of
Renfrewshire, and his friend, Sir Michael Shaw Stewart, was elected.
In the foUowing year, Mr. MaxweU was induced to contest the representa
tion of the county of Lanark with the Honourable Charles Douglas, brother of
Lord Douglas. This was a celebrated contest, and was the last election by the
freeholders previous to the passing of the Reform Act. Mr. Maxwell stood as
a Reformer, and had the support of the HamUton family. Mr. Douglas was
much esteemed by all parties as a most amiable man, and with the great influ
ence of his family, he was a very formidable opponent. The election took
place in the parish church of Lanark on 13th May 1831. Mr. Douglas was

118 THE MAXWELLS OF POLLOK, 1647-1863.
elected by a majority of 11 votes. This election has been described as the
most extraordinary and alarming one that ever took place in Lanarkshire.
The church was crowded to excess, and thousands were waiting outside to
learn the result. Mr. Douglas was grossly assaulted, and his right eye was
severely injured by a missUe thrown from the crowded galleries. In the pre
vailing excitement, Mr. Duncan M'NeUl, now Lord Justice-General, with other
friends, sprang from theU seats, and formed a body-guard to Mr. Douglas, who
soon recovered, and addressed the electors. As he and his friends were leaving
Lanark, they were again assaulted, upon which the Sheriff read the Riot Act,
and a troop of dragoons came into Lanark at fuU gaUop, and scoured the streets.1
Next year, at the first general election after the passing of the Reform
Act, Mr. MaxweU was elected Member for LanarkshUe, by a large majority
over his two opponents, Mr. Hamilton of Dalziel (Radical), and Mr. Carrick
Buchanan of Drumpellier (Tory). At the dissolution in January 1835, Lanark
shire was contested by Mr. MaxweU and Mr. Alexander Macdonald Lockhart
of Carnwath, a supporter of Sir Robert Peel's short-lived Government. But
Mr. Maxwell was again successful.
Mr. Maxwell retUed from Parliament in the year 1837. He was induced
to do so chiefly on the ground of a difference of opinion between himself and a
large class of his original supporters on the question of EstabUshed and Volun
tary Churches — a question which was then keenly agitated in Scotland. Many
of these supporters held the Voluntary principle, whUe he believed in the
necessity of a Church supported by the State. Rather than remain at variance
with those whose opinions he respected, although believmg them erroneous,
Mr. Maxwell finally retUed from the representation of LanarkshUe.
While in ParUament, Mr. MaxweU took an active -interest in aU the
leading measures brought before it, but particularly in the condition of the
handloom weavers, of whom large numbers were then in great distress from
want of employment. He espoused their cause both in and out of ParUament,
and promoted every measure which had for its object the alleviation of theU
sufferings. In two successive sessions he brought forward motions in Parlia-
1 Although the contest was attended with such keen- had such respect for Mr. Maxwell, that he declared
ness, the two candidates, being old friends, observed the with tears in his eyes, it was the hardest thing he had
greatest courtesy toward each other; while the Hon. ever experienced to have to vote, even for a brother
James Douglas, younger brother of Colonel Douglas, against his old college companion.

POLLOK HOUSE

FROM THE SOUTH

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SIR JOHN MAXWELL, NINTH AND PRESENT BARONET. 119
ment for a select committee to inquire into the subject, which, although
opposed by the Government of the day, were carried against their influence,
and committees were appointed. Of these committees Mr. MaxweU was
chairman. A large mass of evidence was adduced, and the committee Avere
unanimous in their report. But although Mr. Maxwell was supported by
several of the largest manufacturers in various parts of the country, he did
not succeed in carrying through ParUament a measure for the mitigation of
the evUs under which the handloom weavers laboured. Some of the manu
facturers, however, adopted the measures recommended by him, which have
since been found to work beneficially.1
His Royal Highness the Prince of Wales honoured Sir John Maxwell with
a visit at PoUok on the 15th August 1859, on which occasion the Prince
entered for the first time his ancient Barony of Renfrew, the cradle of his
Stewart ancestors in Scotland. The reception of the Prince at Pollok House is
shown in the accompanying drawing.
The Church of Eastwood or PoUok, which was erected in the year 1781,
having become unsuitable for the parish, SU John made an offer to the heri
tors and Presbytery to remove the church, and at his own expense to erect a
handsome and commodious Gothic structure in its place, " for the glory of God,
the increased efficiency of the ministry, and the spUitual benefit of the parish
ioners." This offer was thankfully accepted, and the foundation of the new
church was laid on Saturday, the 15th of November 1862, with masonic honours.
Mr. Walter Crum, of Thornliebank, acted as Grand Master Mason of the Pro
vince for Sir John Maxwell. In addressing the assemblage, Mr. Crum said —
" This gift on the part of Sir John Maxwell is purely voluntary and spontaneous — a generous
expression of his desire to contribute to the wellbeing of the parishioners, to gratify their worthy
pastor by increasing his means of usefulness, and to beautify the locality where he is so much
esteemed, and in which he is so largely interested. In a letter from the worthy Baronet, trans
ferring for a time his masonic authority, he expresses his ' hope and prayer that the new church may,
in its degree, resemble the Temple of Jerusalem, in being a house of prayer for all sincere and earnest
Christians, and be the means of inculcating the doctrine of love to God and our neighbours, as set
1 Sir John Maxwell is the author of several brochures Equality of Ranks, and Revolution." 8vo, pp. 36.
on Parliamentary Reforms, Finance, and the Qualifica- Glasgow: Andrew and John M. Duncan, 1820. This
tion of Electors, etc., including " A Letter to the Honest Letter reached a third edition. "True Reform; or,
Reformers in Scotland, with Remarks on the Poor Rates, Character a Qualification for the Franchise." 8vo,
Corn Law, Religious Establishments, Right of Property, pp. 50. Edinburgh : Thomas Constable & Co., 1860.

120

THE MAXWELLS OF POLLOK, 1647-1863.

forth in the Sermon on the Mount.' It is the desire, I may say, of all who know his name, that the
author of these sentiments may long be spared to enforce them by bis living example, and by that
authority which a continued practice of kindly offices has gained for him."1
Mr. Maxwell married, contract dated 14th October 1839, Lady MatUda
Harriet Bruce, second daughter of Thomas Earl of Elgin and Kincardine, by
Mary Hamilton Nisbet, heUess of Dirleton and Belhaven. After theU marriage,
Mr. and Lady Matilda MaxweU resided chiefly at HiUhead, near PoUokshaws,
until 1844, when they removed to PoUok. After eighteen years of the most
happy wedded life, Lady Matilda died at PoUok, on 31st August 1857, without
issue. The inscription on the tombstone which is erected over her grave in
the family burying-vault in Eastwood churchyard, well records the eminent
piety of this distinguished Christian lady.2

1 In the new manse of Eastwood there is a stone
which was brought from the former manse, bearing the
following inscription in large old English letters : " Ec-
clesiae Dei me construendum curauit Tho. Jackaeus,
1577." This is evidently the inscription stone of a
church built soon after the Reformation. That church,
which was situated in the churchyard half-a-mile south
west of tbe present manse, continued to be used till the
erection in 1781 of the church lately removed. The
only part of the church built in 1577 now standing, and
which has been re-built, is the aisle used as a burial
place by the Maxwell family. — [Note by the Rev. George
Campbell, minister of Eastwood.]
In connexion with the church a short account of the
Industrial School of PoUokshaws may be given. It
was instituted in 1857, to afford instruction, both ordi
nary and industrial, to the lowest class of children in
the town, a large proportion of them the children of
paupers. Its success has been very remarkable. Up
wards of 900 children have been admitted since its
commencement ; and during the last year the attend
ance was about 500. The boys, 177 in number, are

instructed in carpentry, tailoring, or shoemaking ; the
girls, 160, are taught sewing and knitting, and take
part in the washing, baking, and cooking of the esta
blishment, the produce of the work of both sexes for the
year amounting to about £400. The knowledge of
trades thus early acquired, becomes instantly available
on the children leaving the school. At the same time,
tbe common elementary instruction, including religious
knowledge, receives its due share of attention. Free
hoard and lodging for a limited number, a cheap supply
of food and clothing for all, a savings' bank, an instru
mental band, are important parts ofthe economy of this
admirable seminary. The results are exemplified in
the recorded fact that of all the 900 pupils of the last
eight years, only two have fallen into crime. The in
stitution owes its origin to Sir John Maxwell, and to
his unsparing bounty it has been all along essentially
indebted. — [Note by Mr. Gordon, Inspector of Govern
ment Schools.]
2 The inscription is given on the page after her por
trait, which was prepared for a Book of Inscriptions
privately printed soon after her death.

NEW CHURCH OF POLLOK OR EASTWOOD
THE GIFT OF SIR JOHN MAXWELL OF POLLOK BARONET

¦\\

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fi^TB,Ilr ¦™Ry • °*' ^V^-
Vttn I T ' 2* DA OF THO? EAKL OF*ELU
^i°HN MAXWELL ¦ OF ¦ POLOCj*^

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PART OF THE MEMORIAL WINDOW IN GLASGOW CATHEDRAL
TO LADY MATILDA MAXWELL OF POLLOK.

LADY MATILDA MAXWELL
OF POLLOK

Jftt Ipsmorrj af
THE LADY MATILDA HAEEIET MAXWELL,
SECOND DAUGHTER OF THOMAS, EARL OF ELGIN AND KINCARDINE,
AND WIFE OF SIR JOHN MAXWELL, BART., OF POLOO.
BORN ON THE 2 3D OF SEPTEMBER, 1802,
DIED AT POLOC, ON THE 3 1ST OF AUGUST, 1857.
IN LIFE AND IN DEATH
SHE WAS A BLESSING AND AN EXAMPLE
TO THOSE AMONGST WHOM AND FOR WHOM SHE LIVED,
WHO, IN GREAT NUMBERS,
FOLLOWED HER REMAINS TO THIS PLACE,
DEEPLY SORROWING,
YET NOT AS OTHERS WHICH HAVE NO HOPE,
BUT BELIEVING
THAT AS JESUS DIED AND ROSE AGAIN,
EVEN SO THEM ALSO WHICH SLEEP IN JESUS
WILL GOD BRING WITH HIM.

The ear that heard her bless'cl her ; blessings came
Where'er she moved, and blessings crown'd her name ;
Fur none around or near her but had part
In the wide haven of her loving heart.
Bright was her smile when festal days were kept,
Tender the tear she wept with those that wept ;
Gentle the wisdom of her thoughtful mind,
Well-stored, well-order'd, simple, and refined ;
Endow'd with Heaven's best gifts, she seem'd to live
For others only, eager but to give,
To clothe the naked, feed the hungry, light
The lamp of truth in nature's inward night ;
To guide, console, encourage, aid, befriend ;
Good her sole means, and good her gracious end.
Thus walk'd she nobly through the ways of life,
A perfect daughter, sister, friend, and wife ;
Her hope in Him whose dying mercy gave
That better life which blooms beyond the grave.
[Inscription on Tombstone to Lady Matilda Maxwell in Eastwood Churchyard.]

%r 

121

CHARTERS AND FAMILY PAPERS.

Charter by King William the Lion to Eobert son of Maccus, of a carucate
of land in the territory of Lesedwin, 28th December [1200.J
Willelmus Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre
sue, clericis et laicis, salutem. Sciant presentes et futuri me dedisse et con-
cessisse et hac carta mea confirmasse Eoberto filio Maccus, unam carucatam
terfe in territorio de Lesedwin, illam scilicet quam Herbertus de Maccuswell
vicecomes meus et Galfridus clericus per preceptum meum ei tradiderunt :
Tenendam sibi et heredibus suis, de me et heredibus meis, in feudo et heredi-
tate : Eeddendo inde annuatim viginti solidos, scilicet, decern ad festum Sancti
Martini et decern solidos ad Pentecostem ; et faciendo omnia seruicia que ad
terram illam pertinent, et que terra ilia facere consueuit, preter arare et metere :
Testibus, Willelmo Glasguensi electo, cancellario meo, Eicardo de Prebenda,
clerico meo, Philippo de Valoniis, camerario meo, Willelmo Cumin, Willelmo
de Haia, Willelmo de Muntfort, Alexandra vicecomite de Striueline, Eicardo
filio Hugonis, Alexandra de Sintun. Apud Forfar, xxviij die Decembris.
Confirmation by Pope Honorius iii., of a grant to the Prior and Convent of
Paisley of the Church of Polloc and others, 12 th June [1219.]
Honorius episcopus, seruus seruorum Dei, dilectis filiis, Priori et Conuentui de
Passeleth Cluniacensis ordinis, salutem et apostolicam benedictionem : Solet
annuere sedes apostolica piis uotis et honestis petentium precibus fauorem
beniuolum impertiri : Eapropter, dilecti in Domino nlii, uestris iustis postula-
vol. i. Q

122 charters and family papers. [1219-33.
tionibus grato concurrentes assensu, ad exemplar fehcis recordationis Innocentii
Pape, predecessoris nostri, personas uestras et monasterium ipsum in quo
diuino mancipati estis obsequio, cum omnibus bonis que impresentiarum ratio-
nabiliter possidet, aut in futurum iustis modis, prestante Domino, potent adi-
pisci, sub beati Petri et nostra protectione suscipimus : Specialiter autem con-
cessionem ecclesiarum de Katkert, de Eutherglen, de Curmanoc, de Killeberkan,
de Mernes, et de Polloc, a bone memorie Jocelino Glasguensi episcopo de capi-
tuli Glasguensis assensu, et Florentio Glasguensi electo, dum curam gereret
ecclesie Glasguensis ad uestram hospitum uestrorum et pauperum sustenta-
tionem liberaliter uobis factam, cum omnibus pertinentiis suis, decimis uidelicet,
redditibus, terris et possessionibus aliis, sicut pie ac prouide facta est, et in
autenticis eorundem plenius continetur, uobis et per uos eidem monasterio
uestro auctoritate apostolica confirmamus, et presentis scripti patrocinio com-
munimus : Nulli ergo omnino hominum liceat hanc paginam nostre protectionis
et confirmationis infringere, uel ei ausu temerario contraire : Siquis autem hoc
attemptare presumpserit, indignationem Omnipotentis Dei et beatorum Petri
et Pauli apostolorum eius se nouerit incursurum. Datum Eeate, ii Idus Junii,
pontificatus nostri anno tertio.
Charter of Confirmation by King Alexander ii. in favour of M. formerly
Thane of Calentyr, of certain lands in excambion for his lands in the
valley of Nyth and in Calentyr, which had formerly belonged to Edgar
son of Donald, and Affrice daughter of Edgar, 30th June [1233.1
3. Alexander Dei Gracia Eex Scottorum, omnibus probis hominibus tocius terre
sue, clericis et laycis, salutem. Sciant presentes et futuri nos dedisse, conces-
sisse, et hac carta nostra confirmasse M. quondam Theino de Calentyr in
excambium tocius terre que fuit Edgari filii Douenald, et Affrice filie dicti
Edgari, in valle de Nyth, et pro quieta clamatione tocius clamii et iuris, quod
ipse et heredes sui habuerunt uel habere potuerunt in predicta terra ; et simi
liter pro quieta clamatione tocius iuris quod habuerunt uel habere potuerunt
in terra de Calentyr, totam illam terram quam A. abbas de Melros et Wal-
terus Olifard, justiciarius Laodonie, et J. de Maccuswel, camerarius, et alii probi
homines nostri eidem M. ex precepto nostro tradiderunt': Tenendam et haben-

1233-51.] CHARTERS AND FAMILY PAPERS. 123
dam dicto M. et heredibus suis, de nobis et heredibus nostris, in feodo et here-
ditate, per easdem diuisas per quas dicti A. abbas et W. Olifard et J. de
Maccuswel et alii probi homines nostri eidem M. ex precepto nostro tradide-
runt, in bosco et piano, in terris et aquis, in pratis et pascuis, in moris et
maresiis, in stagnis et molindinis, cum socco et sacca, cum furca et fossa, cum
tol et them et infangandthef, et cum omnibus aliis iustis pertinentiis suis,
libere, quiete, plenarie et honorifice, per seruitium vnius militis. Idem etiam
M. Theinus nobis reddidit cartas quas ipse et antecessores sui de predictis terris
habuerunt. Et si que de dictis terris confecte per obliuionem retente fuerint,
in posterum penitus uiribus careant : Testibus, A. Episcopo Morauie, G. Epis-
copo Katannensi, W. Electo Glasguensi cancellario, W. filio Alani Senescallo,
Justiciario Scocie, Laurentio de Abbirnithin, Waltero Cumyn, H. de Striue-
line filio comitis, Eadulfo de Campano : Apud Schonam, vltimo die Junii, anno
Eegni domini Eegis nonodecimo.
Charter of Confirmation by King Alexander hi. in favour of Malcolm
son of Duncan, and Eue sister of the Earl of Leuenax, of a donation of the
lands of Glaskhel and others, 30th April [12 51. J
Alexander Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre
sue, salutem. Sciatis nos concessisse et hac carta nostra confirmasse donaci-
onem illam quam Maldouenus comes de Leuenax fecit Malcolmo filio Duncani
et Eue sorori ipsius comitis, de terris de Glaskhel, Brengoenis, et de vna caru-
cata terre et dimidia de Kelnasydhe, cum donacione ecclesie de Moniabrocd :
Tenendas et habendas dictis Malcolmo et Eue et eorum heredibus, de predicto
comite et heredibus suis, in feodo et hereditate, per suas rectas diuisas, et cum
omnibus iustis pertinenciis suis libertatibus et asiamentis ad dictas terras et
ecclesiam pertinentibus, adeo libere, quiete, plenarie, et honorifice sicut carta
dicti comitis predictis Malcolmo et Eue exinde confecta plenius iuste testatur ;
saluo seruicio nostro : Testibus, Alexandra Senescallo, Waltero Byseth, Eymero
de Macusuuell, Johanne de Vallibus, et Willelmo de Hawden : Apud Eokis-
burcht, tricesimo die Aprilis, anno Eegni Domini Eegis secundo.

124 CHARTERS AND FAMILY PAPERS. [c. 1270.

Charter by William of Coningburcht, son of Sir William of Coniaburcht,
Knight, to Herbert, son and heir of Sir Eymer of Maxwell, of a caru
cate of land in Langeholme, etc., c. 1270.
Omnibus ad quos hoc presens scriptum peruenerit, Willelmus de Coningburcht,
filius Domini Willelmi de Coninburcht, militis, salutem in Domino : Noueri-
tis me dedisse, concessisse, et hac presenti carta mea confirmasse Herberto
filio et heredi domini Eymeri de Maxwell, et heredibus suis uel suis assingnatis,
vnam carucatam tene in Langeholme nomine feodofirme, cum istis diuisis,
prima scilicet diuisa incipiente ad finem de Langeholme, sicut fons Sancti
Patricii descendit in Eske, et ascendendo sic Eske usque Blakesike que de-
scendit in Eske, et sic iterum ascendendo Blakesike usque occidentalem grete-
knole super Langefelle, et sic de greteknolle le Condoys usque albas petras super
Langefelle, et sic de albis petris sicut Condoys ducit usque Merhake, et sic de Mer-
hake usque in fontem Sancti Patricii, cum omnibus pertinenciis, libertatibus, et
asiamentis ad predictam terram pertinentibus uel pertinere debentibus, vna
cum communi pastura de Langefelle et omnibus aliis asiamentis et libertatibus
dicte terre de Langefelle in feodo de Stapilgortone pertinentibus ; et unam
dimidiam carucatam terre in Brakanwra, cum omnibus pertinenciis, libertatibus,
et asiamentis ad predictam terram in eodem feodo pertinentibus uel pertinere
debentibus : Tenendas et habendas dicto Herberto et heredibus suis uel suis
assingnatis, de me et heredibus meis, libere, quiete, plenarie, integre et hono
rifice, in boscis, pratis et pascuis, in viis et semitis, in moris et mariscis, in
stangnis molendinorum et aquis, et in omnibus aliis asiamentis et libertatibus
ad predictam terram spectantibus uel spectare debentibus, adeo libere, quiete,
plenarie, integre, et honorifice sicut aliqua terra in regno Scocie liberius datur
aut possidetur ad feodofirmam : Eeddendo hide annuatim ipse et heredes sui
michi et heredibus meis, nomine feodofirme, duodecim denarios pro omni serui-
cio seculari, exaccione, et demanda; scilicet, sex denarios ad Pentechostem, et sex
denarios ad festum Sancti Martini in hieme : Volo etiam et concedo ut dictus
Herbertus et heredes sui uel sui assingnati molent ad molendinum meum de
Stapilgortone libere absque multura, et primo post bladum inuentum in
tremulo : Ego uero Willelmus de Conigburcht et heredes mei dicto Herberto,

c. 1270-c 1300.] charters and family papers. 125
et heredibus suis uel suis assingnatis, dictam terram cum omnibus pertinencus
suis et libertatibus, una cum communi pastura de Langefelle, et omnibus aliis
asiamentis dicte terre de Langefelle pertinentibus, sicut supra-
scriptum est, contra omnes homines et feminas imperpetuum
warantizabimus, adquietabimus et defendemus : In cuius rei
testimonium huic scripto sigillum meum apposui ; hiis testibus,
Domino Alexandra Fraser, Domino Alexandra de Sintoun,
militibus, Waltero de Twynham, Johanne Grindegret, Waltero
de Welham, Willelmo de Fauside, Patricio Boydur et aliis.

Charter by Herbert of Maxuel, knight, to the Church of St. James and
St. Mirrin of Paisley, of lands in Merness, c. 1300.
6. Omnibus Cristi fidehbus presens scriptum visuris vel audituris, Herbertus de
Maxuel, miles, salutem in Domino sempiternam : Noverit universitas vestra
me dedisse, concessisse et hac presenti carta mea confirmasse Deo et ecclesie
Sancti Jacobi et Sancti Mirini de Passelet, et monachis ibidem Deo servienti-
bus, in liberam, puram et perpetuam elemosinam, et ab omni seculari servitio
et demanda quietas et solutas, octo acras et dimidiam et viginti octo particatas
terre in nova villa de Mernes, quas mensurari feci, et que jacent inter has
divisas, videlicet, sicut rivulus ecclesie transversatur altam viam que tendit
de ecclesia de Merness ad novam villam, et sic ascendendo per ilium rivulum
ex parte aquilonali usque ad quendam lapidem stantem qui est in quodam
viridi radio terre in le Crosteflatt, et sic per ilium viridem radium terre versus
aquilonem usque in quendam sicum qui extendit se versus occidentem usque
ad quendam lapidem stantem, et ab illo lapide directe versus aquilonem usque
in decursum sub capite unius fontis, et sic per decursum illius fontis usque in
Poddockford ; et abinde per altam viam usque ad rivulum prescriptum ecclesie
transversantem altam viam ; excepta terra ad domum de Thorphichin perti-
nenti infra prescriptas divisas : Tenendas et habendas sibi et successoribus
suis, de me et heredibus meis in perpetuum, adeo libere, quiete, et pacifice sicut
residuum terre ecclesie de Merness liberius et quietius tenent et possident, cum
communibus aisiamentis prout hactenus habuerunt, propter octo acras et

126 CHARTERS AND FAMILY PAPERS. [c. 1300.
dimidiam et viginti octo particatas terre quas habuerunt in territorio de Aldton,
quarum quinque acre et dimidia et viginti octo particate tene jacent inter
sicum qui est ad fines croftorum ex orientali parte ville de Aldton, et inter
sicum qui est ex occidentali parte de le Thorniflat descendendo in Kirkilgate, et
ab inde in altam viam, et tres acre jacent juxta lacum de Aldton ex parte
orientali, que vocantur Spragunflat ; quas mihi dederunt in permutatione octo '
acrarum et dimidie et viginti octo particatarum tene prescriptarum, hereditarie
tenendas et possidendas. Et obhgo me, et heredes meos et successores, ad so-
lutionem mille librarum sterlingorum, predictis abbati et conventui et eorum
successoribus solvendarum, pro dampnis suis et expensis, de piano et sine stre-
pitu judiciali, si aliquo tempore per nos vel aliquem nostrum super hanc dona-
tionem et permutationem predictis abbati et conventui questio moveatur. Et
ego et heredes mei et successores hanc donationem et permutationem predictis
abbati et conventui contra omnes homines et feminas warrantizabimus, ad-
quietabimus, et imperpetuum defend emus. Et ad majorem securitatem sub-
posui et subpono me, heredes meos et successores, perpetue jurisdictioni et
cohercioni Domini Episcopi' Glasguensis, qui pro tempore fuerit, et capituli, si
sedes vacuaverit, ut alter ipsorum possit nos et quemlibet nostrum tam ad
solutionem pecunie prescripte faciendam quam ad observationem hujus scripti
in quolibet articulo, per omnimodam censuram ecclesiasticam, compellere, ex
sola inspectione hujus instrumenti, sine alterius cause cognitione, nullo im-
petrato vel proponendo obstante vel valituro. In cujus rei testimonium presens
scriptum sigillo meo, una cum sigillo venerabilis patris Domini Eoberti Dei
gratia Episcopi Glasguensis, feci roborari : Hijs testibus, Domino Johanne et
Alexandra fratribus meis, Dominis Willelmo et Bricio capellanis de Passelet,
Johanne dicto Pride, burgensi de Eenfreu, Alano de Fulton, Willelmo de
Knok, et alijs.
Charter by Herbert of Maxuell, knight, of a donation of six merks to the
parish church of Merness, c. 1300.
Omnibus has literas visuris vel audituris, Herbertus de Maxuell, miles, salutem
in Domino. Noverit universitas vestra me dedisse, concessisse et hac presenti
carta mea confirmasse Deo et Gloriose Virgini Marie matri sue, pro salute

C. 1300.] CHARTERS AND FAMILY PAPERS. 127
anime mee et animarum antecessorum meorum et successorum, sex marcas
argenti annui reditus de proventibus molendinorum meorum de Merness in le
Aldton, vel de proventibus aliorum molendinorum meorum de Merness, de
quibus melius et citius dicte sex marce annui redditus levari poterint, perci-
piendas ad terminos qui secuntur, 'videlicet, tres marcas ad festum pentecostes
et tres marcas ad festum Sancti Martini in hyempme : Tenendas et habendas
libere et pacifice et quiete, in puram et perpetuam elemosinam, absque omni
servicio seculari, exactione vel demanda, pro sustentatione invenienda cuidam
capellano, qui anuatim in perpetuum celebrabit divina in honorem beate Vir
ginis Marie, in ecclesia parrochie de Merness, pro vivis et defunctis. Et volo,
concedo et ordino, quod quotiens capellanus qui ad hujusmodi officium exe-
quendum fuerit deputatus cesserit vel decesserit, licebit mihi et heredibus meis
ahum capellanum loco ipsius substituere, irrequisito consensu Diocesani et
cujuslibet alterius judicis ecclesiastici vel secularis, pro hbito nostre voluntatis,
prout viderimus expedire, (et) magis secundum Dominum et honestatem
ecclesie fuerit oportunum : predictas donationem et concessionem ego et
heredes mei manutenebimus, wanantizabimus, acquietabimus, et defendemus
in perpetuum contra omnes homines et feminas, ut premissum est : Et ad hoc
volumus obligari per presentes : Hijs testibus, Domino Ada, rectore ecclesie de
Libertoun, Domino Allano perpetuo viccario de Merness, Joanne de Maxuel,
Domino de Pollock inferiori, Domino Alano de Glasfrud, mihte, Waltero filio
Gilberti, Johanne Clerico, Gilberto de Malotisholk, et Matheo de Flandre et aliis.
In cujus rei testimonium presentibus sigillum meum, una cum sigillo officiali-
tatis curie Glasguensis, est apensum.
Obligation by Herbert Maxuel, knight, to the Abbot and Convent of
Paisley, to find a Chaplain to officiate in the Church of Merness, c. 1300.
Omnibus has literas visuris vel audituris, Herbertus Maxuel, miles, salutem in
Domino. Noverit universitas vestra nos et heredes nostras teneri et obligari
ad inveniendum capellanum quendam celebraturum divina inperpetuum, in
honorem beate Virginis Marie, pro nobis et antecessoribus et successoribus, in
ecclesia de Merness, juxta tenorem littere cujusdam a nobis confecte, que penes
abbatem et conventum de Passalet dignoscitur residere. Et si contingat nos

128 CHARTERS AND FAMILY PAPERS. [1300-1316.
vel heredes nostros contra ordinationem nostram contentam in dicta littera,
aliquo modo vel tempore, totahter vel in parte venire, quod absit, volumus
teneri predictis abbati et conventui in decem marcis, nomine pene, in utilitatem
monasterij de Passelet convertendis, pro qualibet vice qua contra dictam ordi
nationem nostram duxerimus veniendum, dum tamen nos vel heredes nostri
post mensem postquam dicta ordinatio nobis fuerit ostensa, absque causa
rationabili eidem inordinationi duxerimus resistendum : Ita quod, soluta pena,
predicta ordinatio nostra in suo robore nichilominus perseveret. In cujus rei
testimonium presentibus sigillum nostrum aposuimus.
Charter of Confirmation by King Eobert i. to the Monks of Cupar, of
certain donations of the lands of Cambow, Duny, and Clargis, and an
annual rent of two merks of the lands of Achinlesk, 12th July [1316.]
Eobertus dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue,
salutem : Sciatis nos concessisse, et hac presenti carta nostra confirmasse dona-
ciones illas quas quondam Johannes de Kinross, miles, fecit Deo et beate Marie
de Cupro, et monachis ibidem Deo seruientibus et in perpetuum seruituris, de
terris de Cambow, Duny et Clargis cum pertinenciis, in Glenyleff, et de duabus
marcis annui redditus de terra de Achinlesk, vna cum toto iure quod dictus
quondam Johannes in dicta terra de Achinlesk habuit, uel habere potuit, et
cum comuna pasture de Cornetubir : Tenendas et habendas predictis monachis
et eorum successoribus in perpetuum, in Liberam, puram, et perpetuam elemo-
sinam, adeo libere, quiete, plenarie et honorifice, cum omnibus libertatibus,
comoditatibus, aisiamentis, et iustis pertinenciis suis, sicut carte prefati quon
dam Johannis eisdem religiosis exinde confecte plenius iuste proportant et
testantur : Saluo seruicio nostro. In cuius rei testimonium presenti carte
nostre sigillum nostrum precepimus apponi : Testibus, Bernardo Abbate de
Abirbrothoc, cancellario nostro, Gilberto de Haya, Alexandra Senescallo, Alex
andra Fraser, et Alexandra de Setoun, militibus : Apud Perth, duodecimo die
Julij, anno regni nostri vndecimo.

1371.] CHARTERS AND FAMILY PAPERS. 129

Charter by Eobert of Maxuelle, Lord of Mernnes, to Sir John of
Maxuell, knight, lord of Nether PoUok, and Lady Isabella his spouse,
of the lands of the Dryppys, 4th March 1371.
10. Omnibus hanc cartam visuris vel audituris, Eobertus de Maxuelle dominus de
Mernnes, salutem in Domino : Noueritis nos dedisse, concessisse, et hac pre
senti carta nostra confirmasse nobUi viro ac consanguineo nostro, domino
Johanni de Maxuell, mUiti, domino de PoUok inferiori, pro homagio et seruicio
suo, totas terras nostras del Dryppys cum pertinenciis, in baronia de KUbryde-
schire, in vicecomitatu de Lanark ; reseruato nobis et heredibus nostris monte
viUe del Dryppys proximiori, in cuius summitate lapis quidam est erectus,
quemquidem montem pro curiis nostris tenendis ibidem reseruamus, quotiens
contigerit nos placitare dictas terras inhabitantes super iniurhs nobis aut here
dibus nostris tantummodo commissis per eosdem : Tenendas et habendas eidem
domino Johanni et domine Isabelle sue sponse, et eorum diucius viuenti, ac
heredibus inter eosdem legittime procreatis seu procreandis ; quibus deficienti-
bus, quod absit, heredibus dicti domini Johannis, de nobis et heredibus nostris
in feodo et hereditate ; videhcet, in boscis, sUuis et planis, viis et semitis, aquis
et stagnis, moris, marreshs, pratis, pascuis et pasturis, molendinis et multuris,
curiis et escaetis, aucupacionibus, piscacionibus, et venacionibus, et cum omni
bus aliis commoditatibus et aisiamentis et libertatibus et iustis pertinenciis ad
dictas terras spectantibus vel spectare valentibus in futurum : Faciendo inde
dictus dominus Johannes et dicta domina IsabeUa, et eorum diucius viuens, ac
heredes inter eosdem legittime procreati seu procreancli, quibus deficientibus,
quod absit, heredes dicti quondam domini Johannis, domino de Kilbrydschyr,
seruicium pro dictis terris del Dryppys debitum et consuetum : Et nos vera
Eobertus et heredes nostri predictas terras del Dryppys cum pertinenciis supra-
dictis eidem domino Johanni et dicte domine IsabeUe, sponse sue, ac eorum
diucius viuenti, ac eorumdem heredibus, per modum [ut] supra est expressum,
contra omnes hommes et feminas warantizabimus, acquietabimus, et imperpe-
tuum defendemus : In cuius rei testimonium sigillum nostrum presentibus est
appensum, apud Perth, quarto die mensis March, anno Domini millesimo tri-
centesimo septuagesimo primo ; testibus, nobilibus viris dominis, dominis Jacobo
vol. i. R

130 CHARTERS AND FAMILY PAPERS. [c. 1366-71.
de Lyndsay domino de Craufurdelindesay, Alexandro SenescaUi domino de
Dernly, Adam de Foulerton domino de Corseby, Johanne Walays domino de
Eicardtoune, mUitibus, Thoma SympyU domino de Elyseston, Eoberto de
PoUok superiori, Johanne Tayt, et multis aliis.
Charter by Eobert Earl of Stratherne and Eufemia his Spouse, to
John of Maxwelle, of the east half of the lands of BardraUe, Baddynhath
and Glenframedy, [c. 1366.]
Omnibus hanc cartam visuris vel audituris, Eobertus SenescaUus Scotie ac
Comes de Stratherne, et Eufemia sponsa sua, comitissa de Morauia, salutem
in Domino sempiternam : Sciatis nos dedisse, et per presentes concessisse
dUecto et fideli nostro Johanni de MaxweUe, pro servitio suo nobis impenso et
impendendo, totam dimidietatem orientalem omnium tenarum nostrarum de
BardraUe cum pertinentijs, una cum dimidietate orientah terre nostre de Bad
dynhath, ac etiam cum dimidietate orientali terre nostre de Glenframedy, cum
pertinentijs, infra comitatum de Stratherne : Tenendas et habendas predicto
Johanni, heredibus suis et suis assignatis, de nobis et heredibus nostris, in feodo
et hereditate, per omnes rectas metas et divisas suas in perpetuum, libere, quiete,
plenarie, bene et in pace, in moris, maresijs;, turbarijs, petarijs, pascuis pratis
et pasturis, vivarijs, stagnis, aquis, molendinis, multuris, planis, boscis, sUvis,
vijs, semitis, curijs et escheatis, piscationibus, aucupationibus, venationibus, et
cum omnibus alijs commoditatibus, libertatibus et aysiamentis, tam non nomi-
natis quam nominatis, tam sub terram quam supra, ad dictas terras spectanti-
bus seu in futurum spectare valentibus quoquo modo : Faciendo inde annuatim
dictus Johannes, heredes sui aut sui assignati, nobis et heredibus nostris tres
sectas curie nostre de Stratherne ad tria capitaha placita ; et inde reddendo an
nuatim prefatus Johannes, heredes sui aut sui assignati, nobis et heredibus nostris
unum par alborum calcarium vel duodecem denarios sterhngorum nomine albe
firme, ad festai. pentecostes, si petantur, pro warda, relevio, et maritagio, et pro
omnibus alijs servitijs secularibus, exactionibus, consuetudinibus, seu demandis
que de dictis terris exigi poterint aut requiri a quocunque. Et nos uero Eobertus
et Eufemia predicti, et heredes nostri, predictas terras cum pertinency's in
omnibus et per omnia, ut prefatum est, predicto Johanni, heredibus suis et suis

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1366-72.] charters and family PAPERS. 131
assignatis, contra omnes homines et feminas warantizabimus, acquietabimus, et
in perpetuum defendemus : In cuius rei testimonium presenti carte sigUla
nostra fecimus apponi; hijs testibus, nobilibus viris, Dominis Hugone de
Eglynton, domino ejusdem, Adam Foulerton domino de Corsby, militibus,
Johanne Tayt, WUlelmo de Glasfryth, Johanne Gray del Estwood, Johanne
Logan, et multis alijs.
Charter of Confirmation by David Stewart, Earl of Stratherne, to Sir
John of Maxwell, knight, and Isabella his spouse, of the east half of
the lands of BardraUe, Baddynhath and Glenframedy, 10th May 1372.
12. Omnibus hanc cartam visuris vel audituris, Dauid SenescaUi comes de Strath
erne, salutem in Domino sempiternam : Sciatis nos dedisse, concessisse, et hac
presenti carta nostra confirmasse dilecto et fideli nostro Domino Johanni de
Maxwell, militi, pro seruicio suo nobis impenso et impendendo, totam dimiclie-
tatem orientalem omnium terrarum nostrarum de BardraUe cum pertinenciis,
vnacum dimidietate orientali terre nostre de Baddynhath, ac eciam cum dimi
dietate orientali terre nostre de Glenframedy cum pertinenciis, infra comitatum de
Stratherne, que fuerunt dicti Domini Johannis, et quas idem Dominus Johannes,
non vi aut metu ductus, nee enore lapsus, set mera et spontanea voluntate sua,
nobis per fustum et baculum sursum reddidit, pureque et simphciter resig-
nauit : Tenendas et habendas totas et integras predictas tenas cum pertinency's
predicto Domino Johanni et IsabeUe sponse sue, carissime consanguinee nostre, ac
heredibus inter ipsos procreatis seu procreandis, quibus forte deficientibus, quod
absit, heredibus legitimis predicti Domini Johannis siue assignatis, de nobis et
heredibus nostris in feodo et hereditate, per omnes rectas metas et diuisas suas
imperpetuum, libere, quiete, plenarie, bene et in pace, in moris, maresijs, tur
bary s, petarijs, pascuis, pratis et pasturis, viuarijs, stagnis, aquis, molendinis, mul-
turis, planis, boscis, sUuis, vijs, semitis, curijs et eschaetis, piscacionibus, aucupa-
cionibus, venacionibus, et cum omnibus alijs comoditatibus, libertatibus, et aysia-
mentis, tam non nominatis quam nominatis, tam subtus terram quam supra, ad
dictas terras spectantibus seu spectare valentibus infuturum quoquo modo :
Faciendo inde annuatim dicti Johannes et IsabeUa, heredes sui aut sui assignati,
nobis et heredibus nostris, tres sectas curie nostre de Stratherne ad tria capi-

132 CHARTERS AND FAMILY PAPERS. [1372-74.
talia placita ; et inde reddendo annuatim prefati Johannes et IsabeUa, heredes
sui aut sui assignati, nobis et heredibus nostris vnum par alborum calcarium, vel
duodecim denarios sterlingorum, nomine albe firme, ad festa pentecostes, si
petantur, pro warda, releuio, et maritagio, ac pro omnibus alijs seruicijs seculari-
bus, exactionibus, consuetudinibus, seu demandis que de dictis terris exigi pote-
runt aut requiri a quocunque : In cuius rei testimonium presenti carte nostre
nostrum precepimus apponi sigillum ; testibus, nobUibus viris et potentibus do
minis, Johanne Domini nostri Eegis Scotie primogenito, comite de Carrik et
SenescaUo Scotie, Eoberto comite de Fyff et de Meneteth, fratribus nostris caris-
simis, Jacobo de Lindesay, Eoberto de Erskyne, Hugone de Eglyntoun, Thoma
de Erskyne, mUitibus, ac multis ahjs. Apud Edynburgh, die decimo mensis May,
anno Gracie miUesimo treeentesimo septuagesimo secundo.
Charter of Confirmation by King Eobert ii. to John of Maxwell, knight,
and Isabella his spouse, niece of the King, of the east part of Bardre
and Bardynhayth, 24th April [1374.]
13. Eobertus Dei gratia Eex Scottorum, omnibus probis hominibus tocius terre sue,
clericis et laicis, salutem : Sciatis nos approbasse, ratificasse, et hac presenti
carta nostra confirmasse donacionem iUam et concessionem quas dUectus films
noster, Dauid comes de Stratherne, fecit et concessit dUecto et fideli nostra
Johanni de MaxweU, mUiti, de orientali parte de Bardre et de orientali parte
de Bardynhayth, cum pertinenciis, in comitatu suo de Stratherne infra vice-
comitatum de Perth : Tenendas et habendas dicto Johanni et IsabeUe sponse
sue, nepoti nostre dUecte, et eorum alteri diucius viuenti, ac heredibus inter ipsos
legitime procreatis seu procreandis, quibus forte deficientibus, heredibus dicti
Johannis legitimis quibuscunque, in feodo et hereditate, per omnes rectas metas
et diuisas suas, cum omnibus et singulis hbertatibus, commoditatibus, aysia-
mentis, et iustis pertinenciis quibuscunque ad dictas terras spectantibus, seu quo-
modo iuste spectare valentibus infuturum, adeo hbere et quiete in omnibus et
per omnia sicut carta dicti filii nostri dicto Johanni exinde confecta in se iuste
continet et proportat ; saluo seruicio nostro : In cuius rei testimonium presenti
carte confirmacionis nostre nostrum precepimus apponi sigUlum ; testibus, vene-
rabih in Christo patre, WiUelmo Episcopo Sancti Andree, Johanne primogenito

1374-88.J CHARTERS AND FAMILY PAPERS. 133
nostra comite de Carryk, SenescaUo Scocie, Eoberto comite de Fyff et de Mene-
teth filio nostro dUecto, WUlelmo comite de Douglas, Johanne de Carryk,
canceUario nostro, Archebaldo de Douglas, Jacobo de Lyndesay nepote nostro,
Hugone de Eglyngtoun et Eoberto de Erskyne, mUitibus. Apud Edynburgh,
vicesimo quarto die mensis Aprilis, anno regni nostri tercio.
Charter of Excambion of the lands of Barderole for the lands of Jactoun,
by John of Maxwel, Lord of PoUok, to Bernard of Hauden, knight,
6th May 1388.
1 4. Omnibus hanc cartam visuris vel audituris, Johannes de Maxwel dominus de
PoUok, salutem in Domino sempiternam : Noueritis me cambiuisse, et titulo
excambii dedisse, concessisse, et hac presenti carta mea confirmasse Domino
Bernardo de Haudene, militi, omnes et smgulas terras meas de Barderole, cum
pertinenciis, iacentes in eomitatu de Stratherne, infra vicecomitatum de Perth,
pro terris de Jactoun iacentibus infra vicecomitatum de Lanark, cum suis perti
nenciis quibuscunque : Tenendas et habendas omnes et smgulas predictas terras
de Barderole cum pertinenciis predicto Bernardo, heredibus suis et assignatis,
de me et heredibus meis, cum omnibus suis iustis pertinenciis, in moris, miris,
marisiis, pratis, pascuis, pasturis, stangnis, aquis, viuariis, molendinis, multuris,
bracinis, fabrelibus et eorundem sequelis ; cum curiis et curiarum eschaetis, nec-
non cum omnibus aliis libertatibus, commoditatibus et aysiamentis quibuscunque,
tam prope quam procul, tam sub tena quam supra terram, tam nominatis
quam non nominatis, ad predictas terras spectantibus seu quomodolibet spectare
valentibus in futurum, adeo libere, quiete, plenarie, pacifice et honorifice sicut
ego dictus Johannes predictas terras cum pertinenciis ahquo tempore liberius,
quiecius, pacificencius vel honorificencius de domino meo comite de Stratherne
tenui et possedi : Eeddendo inde annuatim ipse Dominus Bernardus, sui heredes
et assignati, michi et heredibus meis vnum denarium argenti, nomine albe firme,
ad festum pentecostes super ipsius tene solum, si petatur tantum, pro warda,
releuio, maritagio, secta curie, homagio et fidelitate, et pro omnibus aliis seruiciis
secularibus, exaccionibus, seu demandis que de dictis tenis cum pertinenciis
quouismodo per me vel heredes meos in futurum exigi poterunt vel demandari :
Faciendo inde idem Dominus Bernardus, heredes sui et assignati, Domino comiti
de Stratherne et heredibus suis seruicium debitum et consuetum, prout in carta

134 CHARTERS AND FAMILY PAPERS. [1388-1414.
dicti Domini comitis per eundem Dominum comitem exinde confecta plenius in
se proportat et testatur : Et ego vera dictus Johannes de Maxwel et heredes
mei inter me et Izabellam de Lyndesay quondam sponsam meam procreati,
quibus forte deficientibus, veri heredes mei quicunque, omnes et singulas pre
dictas terras cum pertinenciis, in omnibus et per omnia ut supra dictum est,
predicto Domino Bernardo, heredibus suis et assignatis, contra omnes homines
et feminas warantizabimus,. acquietabimus, et per presentes defendemus: In
cuius rei testimonium huic carte mee sigillum meum est appensum, apud
Edynburgh, sexto die mensis Maij, anno Domini millesimo cccT octogesimo
octauo ; hiis testibus, reuerendis dominis, Domino Eoberto Senescallo comite
de Fife, Domino Jacobo comite de Duglas, Waltero TrayU, Johanne de Peblis,
canceUario, episcopis Sanctiandree et Dunkeldensi, Jacobo de Lyndesay Do
mino de Crauford, Patricio de Grame Domino de Kyncardyne, mihtibus,
Johanne de Sancto Clara, Alexandro de Cockbeurne, et Johanne de Droumound,
cum multis alijs.
5. Charter of Confirmation by Eufemia Countess of Stratherne to
John of Hauden, knight, of the lands of BarderoU, 26 th June 1414.
15. Eufemia Comitissa palatina de Stratherne, uniuersis sancte matris ecclesie
filijs ad quorum notitiam presentes litere peruenerint, salutem in Domino :
Noverit uniuersitas uestra nos in nostra pura et legitima widuitate consti-
tutas, dedisse, concessisse, ac pro nobis et heredibus nostris confirmasse dilecto
et fideli nostro Joanni de Hauden, militi, Ulas donationem et concessionem de
tenis de BarderoU, jacentibus infra comitatum nostrum predictum, quas fecit et
concessit quondam Johannes de MaxweU Dominus de PoUok quondam Domino
Bernardo de Hauden, militi, patri dicti Johannis de Hauden, mihtis : Tenendas
et habendas totas terras de BarderoU predictas, cum pertinentijs, predicto Johanni
de Hauden et heredibus suis de nobis et heredibus nostris in feodo et hereditate
in perpetuum, in omnibus punctis, clausuhs, modis, formis et conditionibus, sicut
carta dicti quondam Johannis de Maxwell predicto quondam Domino Bernardo
inde tradita et confecta in se plenius continet et proportat : In cuius nostre
confirmationis testimonium sigiUum nostrum presentibus est appensum, apud
Perth, vicesimo sexto die mensis Junij, anno Domini miUesimo quadringen-
tesimo decimo quarto.

1390-94.] CHARTERS AND FAMILY PAPERS. 135
Charter by John of Maxwell, Lord of Pollok, to his son Eobert of
Maxwell, of the land of Jackstoun, 15th May 1390.
16. Omnibus hanc cartam visuris vel audituris, Johannes de MaxweU, Dominus de
PoUok, salutem in Domino sempiternam. Vestra nouerit vniuersitas nos de
disse, concessisse, et hac presenti carta nostra confirmasse carissimo filio nostro
Eoberto de MaxweU, tanquam assignato nostro nobis concesso facere assignatum
per Jacobum SenescaUum dominum supperiorem,totam terram nostram de Jacks
toun cum pertinency's, jacentem in baronia de Kylbride infra vicecomitatum
de Lanark : Tenendam et habendam eidem Eoberto et heredibus suis mascuhs
de suo corpora legitime procreatis vel procreandis ; quibus vera deficientibus,
heredibus Domini Johannis de Maxwell filii nostri mascuhs de suo corpora legi
time procreatis vel procreandis ; et deficientibus vera heredibus mascuhs predicti
domini Johannis, quod absit, heredibus predicti Eoberti quibuscunque magis
legitimis et propinquioribus, in feodo et hereditate, per omnes rectas metas et
diuisas suas, adeo libere et quiete, plenarie, integre et honorifice, bene et in pace,
cum curijs et exitibus curiarum, molendinis et multuris, piscary s et venacionibus,
aucupacionibus, moris et morisijs, stangnis et aquis, vna cum omnibus alijs liber
tatibus, commoditatibus, eschaetis et aysiamentis, tam non nominatis quam
nominatis, tam subtus tenam quam supra terram, ad dictam tenam spectantibus
seu iuste spectare valentibus in futurum : Beddendo inde domino supperiori
seruicium debitum et consuetum, pro omni aho seruicio que per nos vel heredes
nostras exigi poterunt vel requiri. In cuius rei testimonium sigiUum nostrum
presentibus est appensum : Datum apud PoUok, quintodecimo die May, anno
Domini miUesimo cccT nonogesimo ; hijs testibus, nobihbus et discretis viris et
dominis, WiUelmo de Cunyngham filio, Alano de Catkerth, et Johanne de Max
weU filio, mUitibus, et Willelmo de MaxweU, cum multis alijs.
Charter by James Steward, Lord of Kylbride, to Eobert of Maxwele, son
of Sir John of Maxwele, Lord of Nether PoUok, of the lands of Jactoun,
25th January 1394.
17. Omnibus hoc scriptum visuris vel audituris, Jacobus SenescaUus dominus de
Kylbride, salutem in Domiro sempiternam. Noueritis nos dedisse, concessisse,

136 CHARTERS AND FAMILY PAPERS. [1394.
et hoc presenti scripto nostro confirmasse dUecto nostro Eoberto de Maxwele,
fiho domini Johannis de Maxwele domini de PoUok inferiori, et heredibus suis
mascuhs de corpore suo legittime procreatis seu procreandis, omnes terras de
Jactoun cum omnibus iustis pertinencijs suis, prout iacent in baronia nostra de
Kylbride infra vicecomitatum de Lanark ; quas terras cum pertinentijs suis dic-
tus dominus Johannes de Maxwel, pater, non vi nee metu nee ercore lapsu[s], sed
sua mera et spontanea voluntate, nobis pure et simpliciter cum fuste et baculo
in presencia plurimorum sursum reddidit et resignauit : Tenendas et habendas
omnes dictas terras cum omnibus pertinenciis suis dicto Eoberto et heredibus
suis mascuhs de corpore suo legittime procreatis seu procreandis, de nobis et
heredibus nostris in feodo et hereditate, cum omnibus libertatibus, commodita
tibus, asiamentis, tam sub terra quam supra terram, tam non nominatis quam
nominatis, ad dictas terras spectantibus seu quoquomodo spectare valentibus in
futurum, ita libere et quiete sicut dictus dominus Johannes seu predecessores
sui ahquo tempore de nobis seu de predecessoribus nostris tenuit seu tenuerunt ;
et si contingat dictum Eobertum decedere ante dictum dominum Johannem,
patrem suum, per presentes damus et concedimus omnes dictas terras cum per
tinencijs suis dicto domino Johanni, pro toto tempore vite sue, et post decessum
ipsius domini Johannis, heredibus mascuhs dicti Eoberti de corpore suo legit
time procreatis ; ipso vero Eoberto deficiente absque huiusmodi heredibus mas
cuhs de corpore suo legittime procreatis, domino Johanni de Maxwele, militi,
filio et heredi predicti domini Johannis, et heredibus suis mascuhs de corpore
suo legittime procreatis seu procreandis; ipso domino Johanne deficiente
absque huiusmodi heredibus mascuhs de corpore suo legittime procreatis, volu
mus et per presentes concedimus quod clicte terre cum omnibus iustis pertinen
ciis suis heredibus quibuscunque predicti Eoberti integre et imperpetuum
reuertantur : quasquidem terras cum omnibus pertinenciis suis, in omni punctu
et articulo ac omnibus modis et formis supradictis, contra omnes homines et
feminas wanantizabimus, acquietabimus et inperpetuum defendemus : In cuius
rei testimonium sigiUum nostrum presentibus coram pluribus apponi fecimus.
Datum apud Euthglen, in festo conuersionis Sancti Pauli Apostoh, anno Do
mini mUlesimo cccmo nonogesimo iiijt0.

1399.] CHARTERS AND FAMILY PAPERS. 137
Instrument of Publication, on 4th September 1401, of a Charter by Archi
bald Earl of Douglas to John of MaxweU, knight, and Elizabeth his
spouse, of the lands of Qwhitchestre, dated 6th May 1399.
In Dei Nomine Amen. Vniuersis presens publicum instrumentum inspecturis
uel audituris pateat manifeste, quod anno a Natiuitate Domini miUesimo qua-
dringentesimo primo, indictione octaua, mensis Septembris die quarta, pontifica-
tus sanctissimi in Christo patris et domini nostri, domini Benedicti diuina
prouidencia pape terciidecimi anno nono : In mei notarii pubhci et testium
subscriptorum presencia personahter constitutus nobilis vir, Dominus Johannes
de MaxweU, miles, Dominus de PoUok, quamdam literam quondam magnifici et
potentis domini, domini Archebaldi de Dowglas, Comitis eiusdem ac Domini
Galuidie et de BothvyU, non rasam, non abolitam, nee ahqua parte viciatam,
atque cum sigUlo dicti domini Archebaldi sigUlatam, cum nomine suo et armis
suis in circumferencia, michi tradidit perlegendam ; cuius quidem htere tenor
sequitur in hee verba : Omnibus hanc cartam visuris uel audituris, Archebaldus
Comes de Dowglas, Dominus Galuidie et de Bothvill, salutem : Noueritis nos
dedisse, concessisse, et hac presenti carta nostra confirmasse dilectis nostris
Johanni de MaxweU militi domino de PoUoc, et Elizabeth sponse sue, et eorum
alteri diucius viuenti, et heredibus inter ipsos legitime procreatis uel procre
andis, quibus forte deficientibus, veris heredibus antedicte Elizabeth quibus
cunque, pro homagio et seruicio eorundem nobis impenso et impendendo, omnes
et singulas terras de Qwhitchestre cum pertinenciis, in baronia nostra de Hawic,
infra vicecomitatum de Eoxburgh ; que fuerunt dicte Ehzabeth, et quas eadem,
non ui aut metu ducta, nee errore lapsa, sed sua mera ac spontanea voluntate,
in sua pura et hbera viduitate, nobis alias coram pluribus fidedignis personahter
sursum reddidit, et per fustim et baculum pure et simpliciter resignauit : Te
nendas et habendas predictas terras cum pertinenciis eisdem Johanni et Ehza
beth sponse sue, et eorum alteri diucius viuenti, heredibusque inter ipsos, ut
predicitur, procreatis uel procreandis, quibus forte deficientibus, heredibus ipsius
Elizabeth, vt predictum est, de nobis et heredibus nostris, in feodo et hereditate,
per omnes rectas metas et diuisas suas, cum omnibus suis hbertatibus, commo
ditatibus, et aisiamentis ad predictas terras spectantibus, seu iuste spectare valen-
tibus in futurum, adeo libere et quiete prout ipsa Elizabeth uel predicessores
vol. i. s

138 CHARTERS AND FAMILY PAPERS. [1399-1400.
sui dictas terras cum pertinenciis, ante resignacionem nobis factam, liberius
tenuit et possedit, tenuerunt uel possederunt : Faciendo inde nobis et heredibus
nostris predicti Johannes et Elizabeth et heredes sui, vt prescriptum est, forin-
secum seruicium debitum et consuetum : In cuius rei testimonium sigiUum nos
trum presentibus est appensum, apud BothviU, sexto die mensis Man, anno
Gracie millesimo trecentesimo nonogesimo nono. Super qua quidem carta sic
perlecta, predictus Dominus Johannes a me notario sibi publicum fieri petiit
instrumentum, sumptibus suis et expensis : Acta sunt hee apud Casselys in
Carrie, anno, indictione, mense, die et pontificatu premissis : Presentibus
ibidem probis viris et fidedignis, Johanne Kenedy domino de Bomonyn, Thoma
M'DowiU, Malcolmo de Culchone, Johanne de Sandilandys, Nicholao Gray et
multis aliis, testibus ad premissa vocatis specialiter et rogatis.
Et ego Walterus de Are, clericus Glasguensis diocesis, pubheus
apostolica et imperiah auctoritate notarius, premisse carte tradi-
cioni et perlectioni, vnacum prenominatis testibus, presens fui,
eaque sic fieri vidi et audiui, hoc instrumentum manu propria
scripsi, et in hanc publicam redegi, ipsamque cartam sic copiaui,
nil addens uel minuens quod sensum mutare poterit aut inteUectum
variare ; hicque me subscripsi, et signo meo solito signaui, requisi-
tus speciahter et rogatus in testimonium premissorum.
Confirmation by James Stewart, Lord of KUbryde, of the gift by Sir John
of Maxwel, Lord of Nethir Pollok, to his son Eobert, of the lands of
Caldorwude, 21st Oct. 1400.
19. Be it knawyn tU aU men be thir present letters, me Jamis Stewart, Lorde of
KUbryd, tU haffe ratifyte and confermyte, and be thir present my letters ratifys
and confermys, for me and myn ayris, the gyft at Schyr Jon of Maxwel, Lorde
of Nethir Pollok, haffis geuyn til his luuyd sone, Eobert of Maxwel, my cosyn,
his ayris and his assignes, of the landis of Caldorwude wyht the pertenans,
lyand in my sayd baronry of KUbryde, wythtin the scheraffdom of ChddisdaU,
wytht aU comodites and esmentis to the sayd landis, wytht the pertenans per-
tenand, on the manir, furme and effecte, as it proportis in the charter thar of
to the sayd Eobert made be the forsayd Schyr Jon his fader ; sauand to me my

1400.] CHARTERS AND FAMILY PAPERS. 139
seruys aught and custum thar of. In the wetnes of the qwilk thing, in the
absens of my auwyn seale, I procuryde the seale of a nobU and
wurthy man, Thomas Bode, Lorde of KUmernow, to thir presentis
letters to be pute to, at Dunbretane, the xxi day of the muneth
of October, the zer of our Lord a thousand and four hunir.

Indenture between Sir John Maxwell, knight, Lord of Nether PoUok, and
Sir John Maxwell, knight, and Eobert Maxwell, his eldest and second
sons, 18th December 1400.
20. This endentour, made at Dunbretane, the xviij day of December, the zer of
Grace a thousand four hundreth, in presens of nobyl men and mychty, that is
to say, Maister Walter of Danyelston, Thomas Boyd, lord of Kylmernok, Patrik
Flemyng, lord of the Bord, Schyr Jon of Hamyltoun knycht, lord of Bothernok,
Vmfray of Culqhune lord of that Uk, and othir syndry, beris wytnes that it is
acordit betwene nobyl men, that is to say, Schyr Jon of Maxwel, Knycht, Lord
of Nethir PoUok, hys sone Eobert on the ta part, and Schyr Jon of Maxwel,
knycht, the sone and the air of the forsayd Schyr Jon the fader, on the tother
part, in the maner and forme as eftir folowys, that is to say, at the forsayd
Schyr Jon the fader and Eobert hys sone sal gyf vp in the owr lardis hand
the ten markis worth of land the qhwylk is caUit Murraf and the Hedhouse,
lyand in the barounry of Kylbryde within the schirafdome of Lanark, als sune as
assent of the owr lard may be gotyn tharto ; to the qhwylk consent the sayd Schyr
Jon the fader, Schyr Jon the sone, and Eobert forsayd, fayth gangand betwen, sail
do thair ful besynes but fraude or gyle, sua at the forsayd Schyr Jon the sone sal
haf thairof tyl hym and hys airis herytabyl state and possessyoun, the qhwylk
forsayd consent of the owr lard faylzand at it may nocht be gotyn, the forsayd
Eobert oblysis hym and hys airis, in the maner of oblygacioun as eftir folowys,
tyl gyf to the forsayd Schyr Jon the sone and hys airis zer be zer, at twyn termys,
ten mark of vsual mone, qhwyl the forsayd land restis with hym or hys airis
vngyffyn vp in the sayd owr lardis hand and herytabyl state thairof gyffyn to
the sayd Schyr Jon the sone and hys airis : Alsua it is acordit at the forsayd
Schyr Jon the fader sal gyf herytabyl state and possessyoun of the fee, betvys

140 CHARTERS AND FAMILY PAPERS. [1400.
this and wytsunday, to the forsayd Schyr Jon the sone and hys airis, of the land
that was conquest fra Alysunder Tayte, lyand in the barounry of Eenfrew, the
qhwylk ys caUit Castelbar, Mathowbar, and Dykbar, and thairof within the sayd
tyme mak hym or thaim be the Kyngis confirmacioun sykyr, lelyly wyth al
besynes ; the qhwylk thyng faylzand, and namly gyf it beys nocht done wyth in
the tyme of the forsayd Schyr Jon the fader, Eobert hys sone ys oblyst to pay
fyfty mark for that land eftir the dyssese of hys fader to the sayd Schyr Jon
the sone and hys airis, at twyn termys nest folowand, gyf the sayd Schyr Jon the
son had lefar chese the fyfty mark na the aventur of the land ; the sayd chose
tane, the sayd Schyr Jon the sone sal resyngne vp to the sayd Eobert hys brothir
aU the rycht that in hym ys of that land, sua at thar duel bot the tane with Schyr
Jon the sone forsayd, the qhwylk land is calht Castelbar, Mathowbar, and Dyke-
bar, as is beforsayd ; the frank tenement forsuth of this forsayd land dweUand
wyth the forsayd Schyr Jon the fader for his tyme, the qhwylk forsayd land sal
stand for fyfe markis worth of land : Alsua it is acordit betwene the forsayd
parteis, that is to say, at the forsayd Schyr Jon the fader and Eobert oblys thaim,
vnder the payn of the forsayd obhgacioun at eftir folowys, to gyf to the forsayd
Schyr Jon the sone or hys airis tuenty pund of vsuale mone for the fourty
schylyne worth of land at remaynys of the achten markis worth, gyf the forsayd
fourty schylyne worth of land be nocht made be the forsayd Schyr Jon the
fader in hys tyme to the sayd Schyr Jon the sone or hys airis, at the nest
vsuale terme of Martynmes or Wytsunday eftir the dyssese of the sayd Schyr
Jon the fader : Alsua it is acordit that gyf it hapnis the forsayd Schyr Jon the
fader eftir hys dyssese ony dettis tyl aw, the forsayd Eobert sal vnderga of
tha dettis the tane half, gyf thair be nocht tyl assith thaim of hys awyn mofabyl
gude : Alsua it is acordit at the forsayd Schyr Jon the fader, for na greyf, malyse,
evyl wyl, na for na cause to this day done na made, nowthir throw euydent
na obhgacioun, na at may be done in tyme to cum. sal mak alienacioun na
wedsettyng of na land, rent, possessyoun, na of na thyng at langis to the for
sayd Schyr Jon the sone and hys airis in fee and herytag and specialy to the said
Eobert, na zit to nane othir, that is to say, PoUok, Murraf, Hedhouse, and Carnwo-
derik, the qhwylk forsuth Murraf and Hedhouse the sayd Eobert has gyffyn tyl
hys forsayd brothir thankfully, suppose it was talzit tyl hym of befor, bot gyf it
be sene misterful and resonabyl cause but fraude or gyle : And attour to the mar

1400.] CHARTERS AND FAMILY PAPERS. 141
sickirnes of thys thyng, the sayd Schyr Jon the fader bodyly has gyffyn gud
fayth : Alsua it is acordit that al landis and possessyonys gyff'yn to the forsayd
Eobert, throw the forsayd Schyr Jon the fader, vndir warandyse of hys airis, at
the forsayd Eobert sal resafe and resafys be thir present letteris tha chargis of
warandyse in hymself, and of tha chargis the forsayd Eobert for hym and hys
airis quyte clemys the sayd Schyr Jon the sone and hys airis for euermare ; and
tyl al thir thyngis, al and sum and ilkane be thaim self, lelyly to be haldyn the
forsayd Schyr Jon the fader and hys sone Eobert joynly to gyder, oblyss thaim
to fulfyll betwys this and Wytsunday, in maner as is befor wrytyn, nest folow-
and the makyn of thir presens, but langar differyng of tyme ; and gyf it hapnis
vs Jon the fader and Eobert forsayd in thir sayd connandis in al or in sum to
faylze, or in the mene tyme the forsayd Schyr Jon the fader to dyssese, as God
forbeyd it do, I Eobert forsayd oblys me myne airis, sectouris, and as'signeys,
owr landis, rentis, and possessyonys, and al owr gud mofabyl and vnmofabyl
qwhar euer thai be fundyn, to the forsayd Schyr Jon the sone hys airis, sec
touris, and assigneis, to be tane, pundit, and away led and sauld wythowtyn
the lefe of ony mynystyr kyrk or seculer, qhwyl als wele of the costis, scathis,
and interes gyf the forsayd Schyr Jon the sone hys airis, sectouris, or assigneis in
the defaute of thir connandis forsayd nocht haldyn, he sustenys or thai sustene,
he makys or thai mak, as of the principale thyng fuUyly be made hale, na re-
mede of lach canoun na ciuyle to be proponit in the contrary : And attour it is
acordit at the forsayd Schyr Jon the sone sal gyf vp, quyte cleme, and be thir
present letteris quyteclemys and gyffys vp, for hym and hys airis, al the rycht
at he had, haffys, or in ony tyme to cum may haf, for ony cause or ony rycht
bygane, til ony land, rent or possessyoun, at the forsayd Schyr Jon the fader
has gyffyn or grantit to the forsayd Eobert hys sone, owther throw the taylze
or othir way, bot thole the sayd Eobert and hys airis joyis thaim frely in forme
as thai ar taylzit wythowtyn questyoun, that is to say, the Dryppis, Jactoun
and AUertoun, Nevlandis, Caldorwod and Grene hyU, wyth the owr lardschip of a
quartar of Thorntoun, lyand in the barounry of Kylbryde, the twa Akynhedys in
the Schirafdome of Lanark, Haukschawland, Fynglen, and Cartarhop in Twede-
mure, saufand the ten markys worth of land at is callit Munaf and Hedhouse,
Pollok and Carnwederyk, and saufand the successyoun of lyne, gif it hapnis to
faylze, of the forsayd Eobert or his airis : And attour gyf it hapnis Schyr Jon

142 CHARTERS AND FAMILY PAPERS. [1400.
the son forsayd or hys airis thir forsayd connandis in ony [point or] artykyl
tyl agayn cum, or tyl agayn say, or on ony maner of wyse agayn this present
wyrt mute tyl inbryng or move, he oblysis hym and hys airis to the forsayd
Eobert and hys airis, [the first day] of the mute movyt, in a hunder pund
of vsuale mone, to be payit befor at thai enter befor ony juge, in name of
costis, scathys and intres, gyf the said Eobert or his airis ony [makis, in]
defaute of thir connandis forsayd nocht haldyn : And attour, on a hundreth
pund of vsuale mone to the werk of the kyrk of Glasgu, in name of payn,
to be raysit, this present endentour standand neuer the les in the awyn fors
and vertu ; and to the mare sykernes of thir thyngis forsayd to be kepit,
aither of the parteis, the haly wangel twechit, bodyly has gyffyn ath : In witnes
of the qhwylk thyng the seel of the forsayd parteis enterchangabylly to this
present wyrt ar to put ; that is for to say, to the part of this endentour re-
maynand with the forsayd Schyr Jon the fader and Eobert, the seel of the
forsayd Schyr Jon the sone is to put, and for the mare sykernes of thir forsayd
thyngis to the forsayd part remaynand with the forsayd Schyr Jon the fader
and Eobert, the seel of the sayd Master Walter wyth instans is procurit throw the
forsayd Schyr Jon the sone to be to set ; and to the part forsuth of this endentour
remaynand with the forsayd Schyr Jon the sone the sele of the forsayd Schyr
Jon the fader and Eobert ar to put : and for the mare sykernes
of thir forsaid thyngis, to the forsayd part remaynand wyth
the forsayd Schyr Jon the sone the seel of Vmfray of Cul-
qhwne forsayd with instans is procurit, throw the forsayd
Schyr Jon the fader and Eobert, to be to sett, at Dunbretane
the day and zer forsayd.
Charter by Alexander Tayte, lord of Bardre, to Eobert Maxwell, son of
John MaxweU, knight, lord of Nether Polloc, of the lands of Bardre,
1st February 1400.
21. Omnibus hanc cartam visuris vel audituris, Alexander Tayte, dominus de Bardre,
salutem in Domino sempiternam. Nouerit vniversitas vestra me dedisse, con
cessisse, et hac presenti carta mea confirmasse nobili viro, Eoberto de MaxweU,

1400-1.] CHARTERS AND FAMILY PAPERS. 143
filio domini Johannis de MaxweU, militis, domini de Polloc inferiore, pro suo
consUio, auxilio, et benemeritis mihi hucusque impensis, omnes terras meas de
Bardre, jacentes infra vicecomitatum de Strathern : Tenendas et habendas omnes
predictas terras, cum pertinenciis, per omnes rectas metas et diuisas suas, in
longitudine et latitudine, predicto Eoberto, heredibus suis et suis assignatis, a
me, heredibus meis et meis assignatis, in feodo et hereditate imperpetuum,
libere, quiete, plenarie, integre, honorifice, bene et in pace, et sine aliquo rete-
nimento, in bosco et piano, cum moris et morrasiis, aquis, stagnis, et riuolis, cum
aueupacionibus, venacionibus et piscariis, cum molendinis, multuris et eorum
sequehs, cum eschaetis, curiis et eorum exitibus, et cum omnibus ahis et singulis
libertatibus, commoditatibus, asyamentis, et justis suis pertinenciis quibuscunque,
tam non nominatis quam nominatis, tam sub terra quam supra terram, tam
procul quam prope, ad predictas terras cum pertinenciis spectantibus, seu de
jure uel consuetudine spectare valentibus quomodohbet in futurum : Eeddendo
inde annuatim domino capitali dictus Eobertus, heredes sui et sui assignati,
apud locum capitalem de Bardre, duodecim denarios argenti, videlicet, vsuahs
monete Scocie, nomine albe firme, si petatur tantum, pro omnibus ahis omnibus
seruiciis, exactionibus seu demandis, que de dicta tena de Bardre cum per
tinenciis exigi poterunt commodolibet vel requiri. In cuius rei testimonium
sigUlum meum presentibus est appensum, apud Ar, primo die mensis Februarii,
anno Domini mUlesimo quadringentesimo.
Charter by John Maxwell, Knight, Lord of PoUok, to Eobert Maxwell his
Son, of the lands of Calderwood, 4th May 1401.
22. Omnibus hanc cartam visuris vel audituris, Johannes de Maxwel mUes, dominus
de PoUok, salutem in Domino sempiternam. Nouerit vniuersitas vestra me
dedisse, concessisse, et hac presenti carta mea, pro me et heredibus meis ac
successoribus, inperpetuum confirmasse dilecto fiho meo, Eoberto de Maxwel,
totas integras terras meas de Caldorwod, cum pertinenchs, jacentes in baronia
de Kylbride, infra vicecomitatum de Lanark : Tenendas et habendas totas inte
gras predictas terras de Caldorwod, cum pertinenchs, dicto Eoberto et heredibus
suis mascuhs et suis assignatis, ac eorum assignatis quibuscunque, de domino de
Kylbride et heredibus suis, in feodo et hereditate inperpetuum, per omnes rectas

144 CHARTERS AND FAMILY PAPERS. [1401.
metas suas antiquas et diuisas, in boscis, planis, moris, marresiis, aquis, stagnis,
viis, semitis, pratis, pascuis, et pasturis, molendinis, multuris et eorum sequelis,
cum curiis, eschaetis et curiarum exitibus, aucupacionibus, venacionibus, et pis
cariis, fabrinis et bracinis, petarhs et turbariis, vna cum communi pastura in
communi de Kylbride, ac cum omnimodis aliis et singulis libertatibus, comodi-
tatibus, et aysiamentis, ac iustis pertinenchs quibuscunque, tam non nominatis
quam nominatis, tam sub terra quam supra terram, procul vel prope, ad dictas
terras cum pertinenciis spectantibus, seu iuste spectare valentibus quomodolibet
in futurum, sine ahquo retinemento in futurum, adeo libere et quiete, plenarie,
integre et honorifice, bene et in pace, in omnibus et per omnia, sicut ego dictus
Johannes aut predicessores mei dictas terras cum pertinenciis de dicto domino
de Kylbride aut predicessoribus suis, ante dictam concessionem, hberius, quiecius,
plenius, integrius aut honorificiencius, retroactis temporibus, tenui seu possedi,
tenuerunt seu possederunt : Eeddendo dictus Eobertus et heredes sui masculi
et sui assignati, ac eorum assignati quicunque, de dictis terris de Caldorwod
cum pertinenciis, predicto domino de Kylbride et heredibus suis, sex denarios
argenti annuatim, ad festum pentecostes, in ecclesia parochiali de Kylbride,
nomine albe firme, si petantur tantum, pro wardis, maritagiis, releuiis, sectis
curie, ac omnimodis ahis omnibus secularibus seruiciis, exactionibus, vel de-
mandis, que de dictis terris cum pertinenchs, per me vel heredes meos vel alios
quoscunque nomine meo, in futurum exigi poterunt vel requiri : In cuius rei
testimonium sigiUum meum presentibus est appensum, apud Pollok, quarto die
mensis Man, anno Domini miUesimo quadringentesimo primo ; hiis testibus,
dominis Gilberto Kenydi, Alano de Kathkert, mUitibus, Hunfredo de Culquhown,
et Alano de Hammyltoun, ac multis aliis.
Charter by John Maxwel, Lord of Nether Pollok, to Eobert Maxwele
his son, of the lands of Little Akynhed, [c. 1401. J
23. Omnibus hanc cartam visuris vel audituris, Johannes de Maxwel, dominus de
PoUok inferiori, salutem in Domino sempiternam. Noueritis me dedisse, con
cessisse, et hac presenti carta mea confirmasse dUecto fiho meo, Eoberto de
Maxwele, omnes tenas meas de minora Akynhed cum pertinenciis suis, prout
iacent infra vicecomitatum de Lanark : Tenendas et habendas omnes predictas

1401-5.] CHARTERS AND FAMILY PAPERS. 145
terras predicto Eoberto, heredibus suis et assignatis, a me et heredibus meis in
perpetuum, sine ahquo retenemento, cum omnibus suis pertinentiis ad dictas
terras spectantibus, seu quouismodo spectare valentibus infuturum, haJibere
sicut ego vel aliquis predecessorum meorum dictas terras cum pertine^ffls suis
tenuimus aut possidebamus : Faciendo inde domino capital! dictarum tenarum
seruicium debitum et consuetum : In cuius rei testimonium sigUlum meum
presentibus est appensum.
Indenture between Sir Duncan, Earl of the Levynnax, on the one part,
and Sir Eobert of Maxwell of Caldorwod and Sir William of Cun
ningham of KUmawris, with consent of their spouses, daughters of Sir
Eobert of Danielstoun, 18th October 1405.
24. Thir Indenturis made at the Balacht, the xvih day of the monetht of October,
the yheire of grace athousand four hundrez and the fyfft, contenys and beris
witnase that it is acordit betweyn Schir Duncane, Erie of the Levynnax, on the
ta part, and Schir WyUame of Conynghame, Lorde of KUmawris, and Schir Eobart
of MaxweUe, Lorde of Caldorwod, witht the consent and the assent of Margret
and Elysabeth thair spousis, the dochteris of qwilome Schir Eobart of Danielstoun,
on the tothir part, in manere ass folowis ; that is for to wit, that the forsaide
Erie sal chartir and conferme the forsaidis Schir WUlame and Schir Eobart and
thair forsaidis spousis, and thair ayris cvmand betweyn thaim, of the landis of
Achyncloch witht thaire apportenanse, that qwhilome warr Jone of Achin-
clochys, in lachful forme efftyr the condiscoun made betweyn the sayde partis :
alsa it is acordit that the forsaidis Schir WyUame and Schir Eobart, witht the
consent and the assent of thair forsaidis spousis, has sett, and to ferme latyn
to the forsaid Erie, for al the terme of the saide Erlys lyffe, al thaire landis of
Enachy more, of InchecaUach, of Achawle, and of Inchefad, with thair appor
tenanse, and al othir proffytis langand to the saide landis and hys or may lang
in tyme to cvm, for the said Erhs lyff tyme, with al othir Uis langand to the for
saidis Schir WUlame and Schir Eobart and to thair spousis forsaidis beand within
Lochlomond in the tyme of the making of thir Indenturis, for twelfe penys of
syluyr yheir be zeire, to be paijd as male, at twa termys of the yheir be evynly
porciounis, that is to say, Witsonday and Martymes in wynter, to the forsaidis
Schir WyUame and Schir Eobart, or tU thair spousis or thah ayris or assignee's,
VOL. i. t

146 CHARTERS AND FAMILY PAPERS. [1405-13.
giff it beis askyt, at the kyrk of InchecaUach, with the gyffing and the patronage
of the said kyrke of InchecaUach alse offt as it happynnis to be vacand within
the said Erlis lyffe tyme, and to be gyffin at his lyking : alsa it is acordit be
tweyn the said partis at the forsaid Erie sal nouther gyS, na seUe, na analy of
the woddis of the forsaidis ilis, but leyfl'e and assent of thaime at the wod aw,
bot tU the said Erlis awyn propir oyse in conabU maner ; and the forsaidis Schir
WUlame and Schir Eobart sal have thah awyn woddis to thair awyn propir
oyse, at thah awyn lyking, in lyke maner : alsa the forsaidis Schir WiUame and
Schir Eobart, witht the assent and the consent of thah fornemmit spousis, has
releschyt, remittyt, and for gyffin, for thaim and thair ayris, to the forsaid Erie
and tyl his ayris, al wardis, mariagis, and relevis that qwhilom Walter Awlasoun
the forsaid Erlis fadir was oblist and haldyn tyl Schir Eobart of Danyelstoun
and tU his ayris eccecturis and assigneijs be lettris and sehs, alse weU paijd as
vnpaijd : alsa it is acordit amang the said partis that the forsaidis Schir WU
lame and Schir Eobart sal gar thair wyffis be obhst and sworne to the fulfiUing
and sykirnase of aU the forsaid conandis, for thaim and for thah ayris, be thair
letters and thah sehs and thah bochly athe qwhU the said Erie be sykir of the
forsaidis landis and ihs as is befor writin for his lyffe tyme : alsa it is acordit
amang the said partis at the said setting and maling sal nocht byn the saidis
Schir WiUame na Schir Eobart na thair wyffis na tU thair ayris in hurting na in
preiudyse bot as anialar, thir forsaid Indenturis beand of na valow efftir the
dissese of the forsaid Erie : And to the mar sykhte and fulfilling of al thir
poyntis and articulis in thir indentouris contenit, the forsaidis partis twochit
the haly ewangelis, gaif bodUy athe to haid ferme and stabU, but fraude and
gyle, doute and myrknase ; and to the mar witnase enterchangeabiUy the for
saidis partis has sett to thair sehs the yheir, day and plas beforsaid, with thir
witnase, Vmfary of Cvlqwhone lord of Luss, Duncan Cambale lord of Gavnane,
Gibbone of Galbreth, Eobart of Cvlqwone, Jone of Ho[uston] and othiris many.
Notarial Instrument relative to the partition of the lands of HuUirishedhil
between John Stewart, lord of Dernle, and Sir John Eoss of Haukhed,
14th December 1413.
25. In Dei Nomine Amen : Per hoc presens publicum instrumentum cunctis pateat
evidenter, quod anno ab Incarnatione Domini mUlesimo cccc0 xiii0, indictione

141 3. J CHARTERS AND FAMILY PAPERS. 147
sexta, decimo quarto die mensis Decembris, pontificatus sanctissimi in Christo
patris ac domini nostri, domini Benedicti diuina providentia pape terth decimi
anno decimo nono : In mei notarii publici et testium subscriptorum presentia
potentes ac magnifici domini, Johannes SenescaUus de Dernle, dominus eiusdem,
parte ex vna, et dominus Johannes de Eoss, mUes, dominus de Haukhed, parte
ex altera ; qui quidem prenominati super partitione terrarum suarum de Hulli-
rishedlhl condiscendebant, et cum consensu ambarum partium, vicecomes re-
galitatis de Eenfrew, videhcet, Johannes SimpU, dominus de EUiotstoune,
de predicte regahtatis prudentioribus ac hominibus sapientioribus, qui opti-
me se in partitione predicte terre inteUigibant, quindecem quorum nomina
sunt hee : Johannes de Quhetfurd dominus eiusdem, Johannes Norwald
dominus de Cardownalde, Willielmus de Glasfurd dominus de Ester NeU-
stoune, WUliehnus de Montegomorry dominus de Scottistoune, Johannes de
Camera de Bagraw, Johannes Donaldi de Le, Eobertus filius Thome de Le,
Willielmus filius Johannis de Glanderstone, Johannes de Esdale de Dernle,
Willielmus filius Jacobi de Dernle, Johannes de Bour, Eicardus Alexandri,
Johannes de KersweU, Adam Zung, et Donaldus de Eoss, seriandus, consUio
dominorum predictorum eligebat et ipsos onerauit sub suorum fide media ac
super crucem iurare fecit, quod firmiter et fideliter, secundem suorum inteUec-
tum, predictam tenam diuidere ac per metas debent departire, et tantum com
mune predicte tene domino Johanni de Eoss satisfacere, quantum Johannes
Quhetfurd habet in HiUfeUd et Johannes Flemyng in the AUerris ; hoc est,
dictum herbagium ad duodecem vaccas; qui uero suprascripti homines predictam
terram siue commune per metas diuisas departiebant : quarum metarum vnus
finis incipiens ad metam domini Johannis Eoss, proximam the Foulfurdhed,
ascendendo vsque ad summitatem montis prenominati, et a summitate montis
descendendo in medio de la sike in aquam de Lauerane. Post quidem vera
metarum depositiones ac predictarum terrarum partitiones, predicti homines
coram predictis dominis comparuerunt et ab ipsis dominis petierunt si ipsi de
predicta partitione vnanimiter consentirent, ac firmiter et fideliter tenerent
predictam diuisionem, qui pubhee dixerunt ita : Etiam predictus dominus Eoss
habebit semitam ac viam ad mossam, et post petarum suarum inductionem faciet
vnam portam, seu reparare faciet suam foueam : Et super hoc predictus Johannes
Eoss a me notario pubheo sibi fieri petiit vnum pubheum instrumentum : Acta

148 CHARTERS AND FAMILY PAPERS. [1413-16.
fuerunt hee loco, anno, die, indictione, mense, et pontificatu premissis : Testibus,
Johanne SimpU domino de EUiotstone, domino WUhehno de DalzeU domino
ejusdem, Eoberto SenescaUo de Bersqueib, Johanne SimpU de Perthwik, Johanne
Simpil de Foulwod, et Johanne de PoUok domino ejusdem, armigeris et do
minis, cum multis ahis dominis ad premissa vocatis specialiter et rogatis.
Et ego Walterus de ModerweU, clericus Glasguensis diocesis, pubheus
imperiali auctoritate notarius, premissis omnibus, dum sic fierent et age-
rentur, vna cum prenominatis testibus presens interfui ; eaque sic fieri
vidi et audivi, presens instrumentum inde feci, manu propria scripsi,
signo meo consueto signaui, rogatus et requisitus in fidem et testimonium
omnium premissorum.
Indenture betwixt James Stewart, lord of KUbrid, and Sir Eobert Max
wele, lord of Caldorwod, for the marriage of George Stewart, son and heir
of the said James, and Marion, daughter of Sh Eobert, 7th AprU 1416.
26. This Indentura mad at Lanark, the sevynd day of the moneth of AvirhU, the zer
of our Lord a thowsand four honder and sexten, proportis and beris witnes that
it is accordyt be tuen nobU men, Jamys Stewart lord of KUbrid, on the ta part,
and Sir Eobert of Maxwele, Knycht, lord of Caldorwod, on the tothir part, in
maner and form as eftir folowis ; that is to say, that George Stewart, the sonn and
the ayr of the said Jamys, sal spowse Marioun the dochter of the said Sh Eobertis
and his first wyfis ; and the said Jamys sal infeft the saiddis chUdh, and the
langar lefand of thaim, and the ayris command be tuen thaim, with fre charter
and sesyng in his barony of KUbryd witht the pertinence, vndir talze, falzeand
of the ayris of the said clhldir, as God forbed, to the eldast of the said Jamys
sonnys qwhilk happynys to be ayr, and tU a dochter of the said Sh Eobertis
and his wyfis qwhilk the said Sh Eobert thinkis best acordand to that said
chUd, and thir said clhldir enterand in the said barony witht the pertinentis as
ayris to the saiddis George and Marioun, and the mariage be tuen thaim to be
fulfiUit in the samyn maner ; and gef it falzeis of the sonnys of the said Jamys,
as God forbed, to the eldast dochter of the said Jamys and his wyfis, and tU a
sonn of the said Sh Eobertis and his wyfis qwhUk at the said Sh Eobert thinkis
mast acordand to that dochter, ther said clhldir enterand as ayris in the said

1416.] CHARTERS AND FAMILY PAPERS. 149
barony witht the pertinentis be vertu of the said talze ; and swa the mariage to
be fulfillyt qwhil thai haf sonnys and dochterys, in maner and form with the
first talze ; and the said Sir Eobert sal pay to the said Jamys ten pund of vsuale
mone of Scotland, zer be zer at vsuale termys be evyn porciouns, for al the term
of the said Jamys lyf, for PhUpyshil, for his part of Boysfeld and Ovh Caldor
wod, and al the male of al the landis falland in ward in the said barony endurand
the tym of the ward, and al the relefis and half eschetis of courtis in the said
barony happynand to be payt to the said Jamys in the said maner ; and the tane
half of the saiddis male and relefis alswele of wardis as of properteys the said
Sh Eobert sal pay to Ezabel the wyf of the said Jamys, for al the term of hh lyf
efter the discess of the said Jamys ; for the qwhUkys paymentis lely and treuly
with out fraud and gyle to be payt in maner and form as is befor said, the
said Sh Eobert oblisis hym, his ayris, executuris, and assigneis, thah landis,
rentis, possessiouns, and al thah gudis mouabU and vnmouabU, to the saiddis
Jamys and Ezabel and thair assigneis, at thah wU to be distrenzyt as male,
with out lef of ony Juge of ciuhe or of canoun, efter the form of obhgacioun ;
and the said Sh Eobert is obhst in al his lele besines and trauale to do his
gudly power to recovir the lordschip of Elamtoun with the pertinentis, saufand
at the said Sir Eobert is nocht obhst to by thaim with his awne gudis : and gef
it happynys, as God gef grace, the said Sh Eobert to recouer the said lordschip,
gef mister be, the saiddis Jamys and Ezabel sal resyng the said lordschipe, and
the said Sh Eobert sal ger the saiddis Jamys and Ezabele be joyntly sesyt in the
frank tenement and the clhldir in the fee of the said lordschipe with the per
tinentis, with connabU chartir of joynt feftment; the said lordschip of Elamtoun
with the pertinentis beand recoueryt in the said maner throw the said Sh
Eobert, the sayd Sh Eobert sal haf the sayd mariage fre, and the sayd landis of
Elamtoun with the pertinentis in malyng for the aid male for term of sevyn
zer next togedir efter thai be recoueryt, vndir this condicioun, the male to be
payt with in fourty days next efter ilk term, the qwhilk payment falzeand, to
be quit of his tak, the said Sh Eobert findand hym borowys for the said male
at his awne chose ; and the said landis beand fred throw the said Sh Eobert,
the saidis Jamys and Ezabel sal mak ten hb. of the male of the said landis
zer be zer to the said clhldir endurand the tym of thah frank tenement : Alsua
the said Jamys sal gef his pensioun of the custum of Edynburgh, or eUse the

150 CHARTERS AND FAMILY PAPERS. [1416.
obhgacioun the qwhhk he has of WU of Towriss, to the said Sh Eobert to the
suppleyng of the said chUdir and thah profitis : Alsua the said Sh Eobert sal haf
the said clhldir and thah landis in gouernance, with power of the said Jamys as
tutowr to the perfyt eld of the said childir. And gef it happynys, as God for
bed, the landis of Elamtoun to be vnrecoueryt throw the said Sir Eobert, the saidis
clhldir beand spowsit, for the said mariage the sayd Sh Eobert oblisis hym and
his ayris, executuris and assigneis, thah landis, rentis, possessiouns, and al thah
gudis mouabU and vnmouabU, in manir and form of obhgacioun, in a hundir
pundis of vsuale mone of Scotland, "to be payt to the said Jams and his ayris, at
twa vsuale termys of the zer next eftir the mariage be fulfiUyt, that is to say,
Witsonday and Martinmes in wynter : And to the mar sekirnes of al and
sundry thh condiciouns befor writyn, lely and treuly but
fraud or gyle to be kepyt, athir party tU othir haffis geflyn
.the trouthis of thair bodys. In the witnes of the qwhUk
thing the sel of athir party forsaid to thh indenturis
enterchangeabhly ar hyngyt, at Lanark, day and zer be-
forsayd.
Charter by Archibald Earl of Douglas to Sir Eobert of Maxwele of
Calderwod, knight, ofthe lands of Nethh Calderwode, 31st May 1416.
27. Omnibus hanc cartam visuris uel audituris, Archebaldus Comes de Douglas,
Dominus Galwidie et Vallis Anandie, salutem in Domino sempiternam : Noueritis
nos dedisse, concessisse, et hac presenti carta nostra confirmasse dilecto consan-
guineo nostro, Domino Eoberto de Maxwele de Caldorwod, militi, pro suo
seruicio et conciho nobis impensis, totas et integras terras nostras de Nethir
Caldorwode, cum pertinenciis, iacentes in baronia de Kylbryde infra vicecomi
tatum de Lanark : Tenendas et habendas totas et integras predictas terras de
Nethir Caldorwod, cum pertinenciis, predicto Eoberto, heredibus suis et assig
natis, de barone de Kylbryd et heredibus suis, in feodo et hereditate pro perpetuo,
sine aliquo retenemento uel contradiccione, adeo libere, quiete, plenarie, integre,
honorifice, bene et in pace, per omnes rectas metas etdiuisas suas, sicut nos pre
dictus Archebaldus uel aliqui predicessorum nostrorum aliquo tempore tenuimus
uel tenuerunt predictas terras cum pertinenciis de predicto barone uel ahquo

1416-20.]

CHARTERS AND FAMILY PAPERS.

151

predecessorum suorum, prout iacent in longitudine et latitudine, in boscis, planis,
moris, marreshs, pratis, pascuis, et pasturis, viis, semitis, aquis, stagnis, molen
dinis et eorum multuris, venariis, petariis, turbariis, carbonariis, cum lapide et
calce, ac curiis et earum exitibus et amerciamentis, aucupacionibus, venacioni-
bus, piscariis, ac cum omnibus aliis commoditatibus, libertatibus et aisiamentis,
ac justis pertinenciis quibuscunque, tam non nominatis quam nominatis, tam
sub terra quam supra terram, tam procul quam prope, ad dictas tenas de Nethh
Caldorwod cum pertinenciis spectantibus, seu
spectare valentibus quomodolibet in futu
rum : Et nos predictus Archebaldus [et]
heredes nostri totas predictas terras de Nethir
Caldorwode, cum pertinenchs, predicto Eo
berto heredibus suis et suis assignatis, ut pre-
dictum est, contra omnes mortales warantiza
bimus, acquietabimus, et imperpetuum de
fendemus : In cuius rei testimonium sigiUum
nostrum est appensum, apud Edynburgh,
vltimo die mensis Maii, anno Domini mU-
lesimo ccccT decimo sexto.

Testament of Sir Eobert Maxuel, knight, 7th September 1420.
28- Coram nobis, officiah vicario seu vicesgerenti domini capicerii Caynonensis,
presente et personahter comparente in judicio venerabUi viro, magistro Eoberto
Maupoint, magistro in artibus Parisiensi, habitatore Caynonensi, curie nostre
jurato : Quiquidem magister Eobertus primitus et ante omnia solempniter ex
officio nostro requisitus et adjuratus super testamento seu vltima voluntate
nobilis et potentis viri, Eoberti de Maxuel, militis, de nacione Scocie, qui ad
partes Francie pro vtUitate et deffensione regni se transtulerat, sicuti et in-
numerosi et multi alii nobhes ex nacione Scocie predicta se transtulerunt, nobis
dixit, asseruit, et fide media affirmauit se testamentum seu vltimam voluntatem
prefati mUitis, in presencia testium infrascriptorum, fecisse, passasse, et in notam
recepisse, ac in formam redegisse modo et forma sequentibus reducisse.
In Nomine Domini Amen. Ego Eobertus de MaxueU, mUes, facio, con-

152 CHARTERS AND FAMILY PAPERS. [1420.
stituo et ordino testamentum meum seu vlthnam voluntatem in forma et modo
qui sequuntur. Primo, do et lego animam meam Deo omnipotenti, beatissime
Virginis Marie, et toti curie celesti, et corpus meum sepeliendum in ecclesia fra-
trum minorum in ciuitate Andegauensi. Item, volo et ordino quod testamentum
meum factum in regno Scotie, ante aduentum meum nunc ad partes Francie,
habeat suum vigorem, et valeat in omnibus suis articulis in eodem expressis. Item,
volo et ordino, ante omnia, quod debita mea in regno Francie, tam cappehanis
quam seruitoribus meis, seu quibuscunque aliis debitoribus in hoc regno, persol-
uentur. Item, do dictis fratribus minoribus pro sepultura corporis mei et eorum
precibus, triginta quatuor scuta auri. Item, alhs cappehanis pro celebrando
missas pro anima mea viginti nobilia. Item, do et lego pro vna missa in eadem
ecclesia per vnum de rehgiosis celebranda, per vnum annum computandum a die
obitus mei, panem, vinum, et alia decern scuta auri. Item, pro cera, elemosinis
dandis, missis celebrandis, et ahis rehgiosis mendicantibus Ulius vUle Ande-
gauensis, pro conducendo corpus meum ad sepulturam, triginta nobilia auri. Item,
pro fabricando vnam sepulturam solemnem eleuatam cum ymagine corporis, se
cundum modum ordinatum per me et executores meos, cum certa clausura in
dicta ecclesia, quinquaginta nobhia auri. Item, do et lego vxori mei vnam peluim
argenteam et vnam aquaream et sex gobelletos infra dictam aquaream, et sex
tasseas argenteas que sunt in ista viUa de Chinon, et vnam cyphum argenteum
copertum, vnum potum argenteum copertum, nouem vlnas de panno violeto, et
haquenetam meam vereardam, si dicta vxor mea veniat ad partes Francie, et si
non, vendatur et disponatur pro anima mea ad voluntatem executorum meo
rum. Item, do et lego filio meo primogenito vnam peluim argenteam et vnam
aquaream cum sex gobeUetis, tres potos argenteos, duodecim tasseas de mino
ribus, vnum beringault et vnam platam pro specieribus, dictam drageur
Galice, vnum cyphum copertum deauratum, et duos alios cyphos copertos, totam
integram armaturam meam factam apud Poictiers, vnum manteUum de damas
foderatum de martres. Item, sorori mee, domine de Seer, do et lego tres tasseas
argenteas. Item, Alano de HammUtoun viginti nobhia auri et equum meum ni
grum et vnam foderaturam de saygnes, et supphco heredi meo pro benedictione
mea quod non difficiat dicto Alano nee vxori sue in necessariis pro toto tem
pore vite eorum. Item, quantum ad decem marchatas terre que inmediater fue
runt per me Fergusio Canedi, cedo juri meo dicto Alano et heredibus suis, et eos

1420.] CHARTERS AND FAMILY PAPERS. 153
constituo meos assignatos quo ad redempcionem dicte terre. Item, do Andree
Lindesay vna[m] armaturam, quam sibi tradidi, et vnum equum. Item, paruum
Nicolaum Carlen, pagetum meum, relinquo filio meo primogenito, vt sibi det
vitam, vestitum, et decem libras monete Scocie de firmis meis, quam summam
habui a patre dicti Nicolai : Et volo insuper quod dictus heres meus sibi det ahas
decem libras predicte monete, cum venerit ad etatem virUem, ad maritagium
dicti Nicolai vel ad sustentacionem suam. Item, quo ad ahas decem marchatas
tene quas ego possideo, que quondam fuerunt dicto Alano de Hammiltoun, ego
pure et libere cedo juri meo dicto Alano et heredibus suis, et ipsos quitto ab
omni pacto seu contractu dicte terre michi facto, pro me et heredibus meis, sic
quod ipse et heredes sui sint homines filio meo et heredibus suis. Item, do et
lego Johanni de Maxuel, consanguineo meo, vnam lauricam de MUam quam por-
tabat mecum. Item, do Thome Thopias vnam togam de violeta. Item, quantum
ad impignoracionem terre domini Johannis Sybaud, militis, dictam Brachty,
et de Ovrcarmulo pro termino decem nouem annorum, secundum formam lite-
rarum dicti domini Johannis Sybaud super hoc michi confectarum, fructus et
firmas Ularum relinquo maritagiis filiarum mearum, sub eisdem modo et forma
quibus michi obhgantur dicte terre. Et quia de dicta impignoracione habeo
duas literas, volo vt altera Ularum cassetur et adnuUetur in presencia dicti
domini Johannis Sybaud. Item, volo quod viginti nobhia michi debita per
dominum de Kakart sibi remittantur, dum tamen ipse velit adjuuare ad
maritandum filias meas. Item, do et relinquo absolucionem cappitaneorum
qui sub me sunt, et pro quibus recipio gagia et stipendia, et ad solucio-
nem seruitorum et familiarium meorum, et auri fabrorum et aliorum quibus
aliquid debeo, decemnouem centos francos michi debitos a domino Dal-
phino regenti Franciam, et octo viginti francos michi debitos a Laurencio
de Durefort de EuppeUa pro Cohno Langlays ; et similiter tres centos quin-
quaginta francos quos mecum habeo in deposito. Item, volo quod residuum
omnium bonorum meorum existencium in Francia aut alibi, hie non lega-
torum, disponantur et vendantur per executores meos ad perficienda debita et
legata mea, et ad disponendum in missis celebrandis et elemosinis dandis pro
anima mea, secundum consciencias dictorum executorum meorum prout vide-
bitur eis expedire. Et eligo et constituo executores meos ad predicta exequenda
et complenda in regno Francie, Patricium de Ogylby dominum de Grantdoun,
vol. i. *o*

154 CHARTERS AND FAMILY PAPERS. [1420.
magistrum Johannem Gray Archidiaconum Candidecase, et dominum Thomam
Wylt cappellanum meum; et do eisdem duobus, aut vni Ulorum, potestatem reci-
piendi, petendi debita mea in regno Francie, per quamcunque personam michi
debeantur, et si necesse fuerit, debitores compeUere et prosequi in judicio aut
extra judicium ; et eciam complendi hoc presens testamentum meum, et augmen-
tandi aut minuandi, secundum neccessitatem, qualitatem et quantitatem bonorum
meorum ; et generaliter, do eisdem totam et talem potestatem sicut possum et
debeo dejure aut de consuetudine : etpro laboribus dictorum executorum meorum,
rehnquo dicto Patricio de Ogylby vnam aquaream argenteam veratam ponde-
ratam quatuor marchas, archas que est Andegauis, et dictis magistro Johanni
Gray et domino Thome, cuihbet, viginti nobilia auri, et dicto domino Thome
vnam huppeUaudam meam de scarleta, foderatam minutis varhs ; et pro expensis
dictorum executorum meorum, tam in funeracione mea quam pro debitis meis
recuperandis, et aliis in quibus eos oportet facere magnos sumptus et expensas,
do et lego quadraginta nobhia auri. Et ad hoc quod dictum testamentum meum
in robore et firmitate pervaleat, supphco notario infranominato vt testamentum
meum redigat, aut redduci faciat sub forma debita ; necnon venerabili et circum-
specto viro, domino capicerio Caynonensi, sigillum auctenticum curie sue
spiritualis eidem apponat, et apponi faciat, ad maiorem roboris firmitatem : Acta
fuerunt hee in vUla Caynonensi, in domo dicti magistri Eoberti Maupoint, notarii
dicti capicerh Caynonensis, septima die mensis Septembris, anno Domini mille
simo quadringentesimo vicesimo, chca horam terciam post meridiem, in presencia
discreti viri Taxini Mauman, presbiteri, Johannis de MaxueU, Thome du BrueU,
Fraliui du BrueU, vnacum pluribus alhs testibus ad premissa vocatis et rogatis
specialiter : Quibus sic actis per dictum testatorem in presencia mei Eoberti
notarii infranominati testiumque suprascriptorum, predicti duo executores tunc
presentes presentia, magister Johannes Gray et dominus Thomas Wyth, pecierunt
a dicto domino testante, vbi erat dictum aurum quod in suo legauerat testa-
mento ? Quiquidem testator viue vocis oraculo respondit se habere apud Cay-
nonem, in diuersismonetis auri quasi sommam centum quadraginta et duodecim
nobihum; et Andegauis eciam in diuersis monetis auri ad valorem quasi vel chca
ducentorum et decem scutorum auri monete Francie, quas sommas voluit secun
dum quod prius in suo testamento disposuerat exponi, et residuum pro anima
eiusdem in missis celebrandis dari, erogari et distribui : Datum die et anno
quibus supra.

1420.] CHARTERS AND FAMrLY PAPERS. 155
Nos vero offieialis vicarius seu vicesgerens prefati domini capicerii Cay
nonensis Turonensis diocesis, visa et matura deliberacione considerata relacione
nostri predicti, testamentum seu vltimam voluntatem prehbati militis approba-
mus, rathficamus, ac eidem fidem plenariam adhibere volumus et iubemus. Et
quia idem notarius in manu ita est lesus et impeditus quod signum suum
manuale minime scribere deposset aut valeat, ad requestam dicti nostri notarii
in judicio nos requirentis, Nicolaum Eichier presbiterum curie nostre notarium
commissimus et tenore presencium committimus vt dictum testamentum seu
vltimam voluntatem prefati militis in et loco dicti magistri Eoberti notarii
nostri signet, et signum suum manuaele ad maiorem roboris confirmacionem que
in nostro notariatus officio vtitur et vti consuetur apponat. Datum et actum ir
auditorio nostro in quo ad jura reddenda hora consueta sedere consueuimus, sub
sigillo curie nostre predicte, die vicesima tercia mensis AprUis, anno Domini
millesimo quadringentesimo vicesimo primo. N. Eicher.
Charter of Confirmation by King James l, dated 4th May 1426, confirm
ing a Charter by Murdoch Duke of Albany, Governor of Scotland, to
Herbert Maxwel of Carlauerok, of the lands of Garnsalach and Durs-
qwhen, dated 28th October 1420.
29. Jacobus Dei gratia Eex Scotorum, omnibus probis hominibus tocius terre sue,
clericis et laicis, salutem. Sciatis nos quandam cartam dUecti consanguinei
nostri, quondam Murdaci Ducis Albanie, Comitis de Fyfe et de Menteth, tunc
gubernatoris regni nostri, factam et concessam Herberto Maxwel de Carlauerok,
militi, de omnibus et singulis terris de Garnsalach et de Dursqwen, ac molen-
dino eiusdem cum pertinenciis, jacentibus in baronia de Dalswyntoun infra
vicecomitatum de Drumfres, de mandato nostro visam, lectam, inspectam, et
diligenter examinatam, non rasam, non abolitam, non canceUatam, nee in ahqua
sui parte viciatam, sed omni prorsus vicio et suspicione carentem, inteUexisse
ad plenum sub hac forma : Mordacus Dux Albanie, Comes de Fyff et de Men
teth, ac gubernator regni Scocie, omnibus probis hominibus regni predicti,
clericis et laicis, salutem : Sciatis nos dedisse, concessisse, et hac presenti carta
nostra confirmasse dhecto et fideli nostro Herberto de Maxwel de Carlauerok,
omnes et singulas terras de Garnsalach et de Tusquen, cum molendino

156 CHARTERS AND FAMILY PAPERS. [1420.
eiusdem, cum pertinenciis, jacentes in baronia de Dalswyntoun infra vicecomi
tatum de Drumfres ; que quidem terre cum pertinenciis fuerant Marie Stuart
de Dalswyntoun hereditarie, et quas eadem Maria, non vi aut metu ducta, nee
enore lapsa, sed mera et spontanea voluntate sua, ac pura viduitate, in manus
nostras, per suas hteras patentes et procuratores, per fustem et baculum, sursum
reddidit pureque simpliciter resignauit, ac totum jus et clameum que in dictis
terris cum pertinenchs habuerit, uel habere poterat, pro se et heredibus suis,
omnino quietum clamauit imperpetuum : Tenendas et habendas totas et in
tegras terras cum pertinenehs, prefato Herberto de Maxwel et heredibus suis,
de domino nostro Eege et heredibus suis, in feodo et hereditate imper
petuum ; per omnes rectas metas suas antiquas et diuisas, vna cum molendino
predicto, ac cum omnibus aliis- et singulis libertatibus, commoditatibus et
asiamentis, ac iustis pertinenciis quibuscunque ad predictas terras et molendi-
num cum pertinenths spectantibus, seu iuste spectare valentibus quomodolibet
in futurum, adeo libere et quiete, plenarie, integre et honorifice, bene et in pace,
in omnibus et per omnia, sicut predicta Maria Stewart aut predecessores sui
predictas terras et molendinum cum pertinenciis, ante dictam resignationem
nobis inde factam, liberius de domino nostro rege aut predecessoribus suis tenuit
uel possedit, tenuerunt aut possederunt : Faciendo annuatim dictus Herbertus
et heredes sui domino nostro Eegi et heredibus suis, de predictis terris et molen
dino cum pertinenchs seruicia debita et consueta : In cuius rei testimonium
presenti carte nostre magnum sigillum officii nostri apponi precepimus : Testi
bus, reuerendo in Christo patre, WUlelmo Episcopo Dunblanensi, Alexandro
Stuart de Leuenax, fiho nostro, Eoberto Stwart de Lome, Willelmo Lyndesay
de Eossy, Johanne Forstare de Corstorfyn, custode magni sigilli nostri, Eoberto
de Conyngham de Kylmaurys, et Alano de Ottyrburne, secretario nostro ; apud
Edynburgh, vicesimo octauo die mensis Octobris, anno Domini nhllesimo qua-
dringentesimo vicesimo, et gubernacionis nostre primo. Quamquidem cartam,
donacionem et concessionem in eadem contentas, in omnibus punctis suis et
articulis, condicionibus et modis, ac circumstanchs suis quibuscunque, forma
pariter et effectu, in omnibus et per omnia approbamus, ratificamus, et pro nobis
et heredibus nostris imperpetuum confirmamus ; saluo seruicio nostra : In cuius
rei testimonium presenti carte nostre confirmacionis magnum sigiUum nostrum
apponi precepimus : Testibus, venerabili viro, magistro Johanne Camron, pre-
posito ecclesie collegiate de Lincloudan, custode priuati sigilli nostri, Johanne

1424.] CHARTERS AND FAMILY PAPERS. 157
Forstare de Corstorfyn, camerario, Eoberto de Lawedre de Basse, iusticiario,
et Waltero de Ogilvy de Lintrethyn, thesaurario regni nostri, mUitibus, et
magistro Edwardo Lawedre, archidiacono Laudonie in ecclesia Sanctiandree,
apud Edynburgh, quarto die mensis Maii, anno gracie miUesimo quadringen-
tesimo vicesimo sexto, et regni nostri vicesimo primo.

Charter of Confirmation, dated 4th February 1424, by King James l,
confirming a Charter by Thomas of SummyruUe of Carnwithe, to Eobert
of Maxuel, son and heir of Herbert of MaxweU, knight, and Jonet,
daughter of Sir John Forestar of Corstorfyn, of the lands of Libertoun,
dated 13th January 1424.
30. Jacobus Dei gratia Eex Scotorum, omnibus probis hominibus tocius terre sue,
clericis et laicis, salutem. Sciatis nos quandam cartam dhecti nostri Thome
de SummyruUe de Carnwithe, factam et concessam dUecto nostro Eoberto de
Maxuel, fiho et heredi Herberti de Maxuel, mihtis, et Jonete filie Johannis Fo-
restare de Corstorfyn, militis, de omnibus et singulis tenis suis de Liberton cum
pertinenths, vna cum tenandis et tenandhs ac seruicio hbere tenencium, iacenti-
bus in baronia de Carnwithe infra vicecomitatum de Lanark, de mandato nostro
visam, lectam, mspectam, et dihgenter examinatam, non rasam, non abohtam, non
caneeUatam,nec in ahqua sui parte suspectam, inteUexisse ad plenum in hee uerba :
Omnibus hanc cartam visuris vel audituris, Thomas de SummymUe, do
minus de Carnwithe, salutem in Domino sempiternam : Sciatis me dedisse, con
cessisse, et hac presenti carta mea confirmasse dilecto consanguineo meo Eoberto
de Maxuel, fiho et heredi domini Herberti de Maxwel, mUitis, domini de Car
lauerok, et Jonete, filie domini Johannis Forestare domini de Corstorfyn, omnes
et smgulas tenas meas de Libertoun cum pertinenchs, vnacum tenandis et
tenandhs ac seruicio hbere tenencium, iacentes in baronia de Carnwythe infra
vicecomitatum de Lanark ; que quidem terre cum pertinenchs fuerunt dicti
domini Herberti, et quas idem dominus Herbertus, non vi aut metu ductus, nee
errore lapsus, sed mera et spontanea voluntate sua, michi in presencia plurium
per fustim et baculum sursum reddidit, pureque simphciter resignauit, ac totum
jus et clameum que idem dominus Herbertus in eisdem terris habuit uel habere
potuit quoquomodo in futurum : Tenendas et habendas predictas tenas de

158 CHARTERS AND FAMILY PAPERS. [1424.
Libertoun cum pertinenciis, ac tenendos et tenendias et seruicium hbere tenen
cium, predictis Eoberto et Jonete et eorum diucius viuenti, ac heredibus suis
mascuhs inter ipsos legittime procreandis ; quibus forsan deficientibus, predicto
domino Herberto et heredibus suis mascuhs de corpore suo legittime procreatis
seu procreandis ; Ulis omnibus deficientibus forte Amero de Maxuel, fratri dicti
domini Herberti, et heredibus suis mascuhs de corpore suo legittime procreatis
seu procreandis ; illis omnibus deficientibus veris legittimis et propinquioribus
heredibus dicti domini Herberti quibuscunque, de me et heredibus meis, in feodo
et hereditate imperpetuum, per omnes rectas metas suas antiquas et diuisas, in
moris, maneshs, boscis, planis, pratis, pascuis et pasturis, viis, semitis, aquis,
stagnis, molendinis, multuris et eorum sequelis, piscariis, aucupacionibus, vena-
cionibus, ac cum curiis et euriarum exitibus, eschaetis, petariis, turbariis, car
bonariis, lapiscidhs, lapide et calce, fabrihbus, bracinis, hereyheldis, ac communi
pastura, brueriis, genestis, ac libero introitu et exitu, necnon cum omnibus ahis
et singulis libertatibus, commoditatibus et aisiamentis, ac justis pertinenchs
suis quibuscunque, tam non nominatis quam nominatis, tam subtus terra quam
supra tenam, tam prope quam procul, ad dictas terras de Libertoun cum perti
nenciis, seu tenandos aut tenandias, ac seruicium hbere tenencium spectantibus
seu juste spectare valentibus quomodohbet in futurum, adeo libere et quiete,
plenarie, integre et honorifice, bene et in pace, in omnibus et per omnia, sicut
dictus Herbertus aut predecessores sui prenominatas terras de Libertoun cum
pertinenciis, ante dictam resignacionem michi inde factam, de me uel anteces-
soribus mens tenuit uel possedit, tenuerunt uel possederunt : Et si contingat
dictum Eobertum ante matrimonii consummacionem inter ipsum et Jonetam
antedictam, quam, duce deo, ducet in vxorem, viam vniverse carnis ingredi, volo
quod predicte terre de Libertoun cum pertinenciis reuertantur ad predictum
dominum Herbertum et heredes suos antedictos ; saluo tamen, quod prenominate
terre de Libertoun cum pertinenciis, ac tenandi et tenandie et seruicium libere-
tenencium, cum predicto domino Johanne Forestare, heredibus suis seu assignatis,
hbere remaneant, donee et quousque eidem uel eisdem quedam summa pecunie
integre persoluatur in forma et effectu, prout in indenturis inter prefatos domi-
nos Johannem et Herbertum inde confectis plenius continetur : Eeddendo inde
annuatim predicti Eobertus et Joneta et eorum diucius uiuens, et heredes sui
supradicti, michi et heredibus meis seruicium debitum et consuetum, sicut pre-

1424-29.] CHARTERS AND FAMILY PAPERS. 159
dictus dominus Herbertus et predecessores sui michi et heredibus meis in pre-
terito reddidernnt. Et ego prefatus Thomas et heredes mei sepedictas terras
de Libbertoun cum pertinenciis, ac tenandos et tenandias et seruicium liberete-
nencium, predictis Eoberto et Jonete et eorum diucius viuenti, et heredibus suis
supradictis, necnon prefato domino Johanni Forstare in hac forma qua premit-
titur, contra omnes mortales varantizabimus, acquietabimus, et imperpetuum
defendemus : In cuius rei testimonium sigUlum meum presenti carte mee est
appensum, apud Edynburch, decimo tercio die mensis Januarii, anno Domini
miUesimo quadringentesimo vicesimo quarto, presentibus et pro testibus person
ahter apprehensis, in presencia exceUentissimi principis, Jacobi Dei gracia Eegis
Scotorum, Waltero comite Adtholie, Alexandro comite de Mar et de Garvyach,
Henrico comite de Arcadia, Jacobo de Douglase domino de Balvayne, domino
Thoma SenescaUo, fiho comitis de Mar, Alexandro de Levyngstoun de Calentare,
et multis aliis. Quam quidam cartam, donaeionem et concessionem in eadem
contentas, in omnibus punctis suis et articulis, condicionibus et modis ac cir-
cumstanchs suis quibuscunque, forma pariter et effectu, in omnibus et per omnia,
approbamus, ratificamus, et pro nobis et successoribus nostris imperpetuum con-
firmamus ; saluo seruicio nostro. In cuius rei testimonium presenti carte mee
confirmacionis magnum sigiUum nostrum apponi precepimus, apud Edynburgh,
quarto die mensis Februarh, anno domini millesimo quadringentesimo vicesimo
quarto, et regni nostri decimo nono : Testibus, reuerendo in Christo patre,
Willelmo Episcopo Glasguensi, canceUario nostro, Henrico comite Orcadie,
Jacobo de Douglas de Bawany, scutifero, Waltero de Ogylby, Eoberto de
Lawedre, mUitibus, et Thoma de SummyruUe de Carnwythe, ac magistro
Johanne de Cameroun, secretario nostro, et multis ahis.
Charter by Alan Stewart, lord of Dernle, to Eobert of Dalzelle of
Lebracanrig, of the lands of Brownsyde, 5 th December 1429.
31. Omnibus hanc cartam visuris uel audituris, Alanus SenescaUus Dominus de
Dernle, salutem in Domino sempiternam. Noueritis me dedisse, concessisse, et
hac presenti carta mea confirmasse dhecto consanguineo meo, Eoberto de Dal-
zeUe de Lebracanrig, pro suo seruicio michi impenso et pro toto tempore vite
sue impendendo, totas et integras tenas meas de Brownsyde cum pertinenciis,

160 CHARTERS AND FAMILY PAPERS. [1429.
iacentes in baronia de Strathavane, infra vicecomitatum de Lanark : Tenendas
et habendas predictas terras de Brownsyde cum pertinenciis, a me et heredibus
meis, predicto Eoberto de DalzeUe heredibus et assignatis suis, in feodo et here
ditate imperpetuum, sine ahquo retinemento, hbere, quiete, plenarie, integre,
honorifice, bene et in pace, in boscis, planis, moris, marresus, pratis, pascuis et
pasturis, viis, semitis, aquis, shuis, shuiscidhs, stangnis, riuulis, molendinis, mul
turis et eorum sequelis, aucupacionibis, venacionibus, piscacionibus, cum curhs,
eschaetis et earum exitibus, bludwytis, bhthinsakis, herzeldis et merchetis, cum
lapide et calce, petariis, turbariis, et carbonariis, ac communi pastura, cum
omnimodis cataUis et anhnahbus, cum hbero introitu et exitu, ac cum omnibus
aliis et singulis hbertatibus, commoditatibus, et aysiamentis ac iustis pertinenciis
suis quibuscunque, tam non nominatis quam nominatis, tam sub tena quam
supra terram, tam procul quam prope, ad dictas tenas de Brownsyde cum perti
nenchs spectantibus, seu spectare valentibus quomodolibet infuturum: Eed-
dendo inde annuatim dictus Eobertus de Dalzele, heredes sui et assignati, michi
et heredibus meis, tres sectas curie ad tria placita mea capitalia apud Elamtoune
tenenda, tantum pro omni alio seruicio seculari, exactione, consuetudine, uel
demanda que de dictis terris de Brownsyde cum pertinenciis per quoscunque
exigi poterint quomodolibet uel requiri : Et ego vero predictus Alanus Senes
caUus et heredes mei ac assignati totas et integras predictas terras de Brown
syde, cum pertinenciis, predicto Eoberto de DalzeUe, heredibus suis et assignatis,
contra omnes mortales homines et feminas warantizabimus, acquietabimus, et
imperpetuum defendemus : In cuius rei testimonium huic presenti carte mee
sighlum meum apposui, apud Cruxstoun, quinto die mensis Decembris, anno
Domini mUlesimo quadringentesimo vicesimo nono : Hiis testibus, Johanne
SympUe domino de Elzotstoun, Eoberto Senescallo de Cragynfeach, WUlelmo
de Maxwele de Akynhede, Alexandro Senescallo de Ease, cum multis ahis.
Precept by. Alan Stewart, lord of Dernle, for infefting Eobert of Dalzelle
of Lebracanryg in the lands of Brownesyde, 10th December 1429.
32. Alanus SenescaUus Dominus de Dernle, dilectis meis, Thome de Dalzele de
Buthax et Eocaldo Were, coniunctim et diuisim, balhuis meis in hac parte,
Salutem : Quia dedi et concessi dhecto consanguineo meo, Eoberto de DalzeUe

1429-30.] CHARTERS AND FAMILY PAPERS. 161
de Lebracanryg, heredibus suis et assignatis, pro suo seruicio michi impenso et
pro toto tempore vite sue impendendo, totas et integras terras meas de Browne-
syde cum pertinenciis, iacentes in baronia de Strathavane, infra vicecomitatum
de Lanark, prout patet per certain meam cartam inde sibi confectam : Quare
vobis et vestrum cuUibet, baUiuis meis in hac parte, precipio et mando quatenus
predicto Eoberto de DalzeUe uel suo certo attornato, latori presencium, statum,
possessionem, et saysinam hereditariam dictarum tenarum de Brownsyde cum
pertinenciis, secundum tenorem carte mee inde sibi de eisdem cum pertinenciis
confecte, haberi faciatis, saluo iure cuiuslibet : Et hoc ad faciendum vobis et
vestrum cuUibet, coniunctim et diuisim, tenore presencium meam plenam et
liberam potestatem ac mandatum speciale committo per presentes : In cuius rei
testimonium sigillum meum presentibus est appensum, apud Cruxistoun, decimo
die mensis Decembris, anno Domini mUlesimo quadringentesimo vicesimo nono ;
hhs testibus, Willelmo de Maxwele de Akynhede, Alexandro SenescaUo de Ease,
domino Simone de Blacwode, capeUano, cum multis aliis.

Instrument upon the ratification by Catherine of Setovn, lady of Dernele,
of the Charter by Alan Stewart, lord of Dernele, her spouse, to Eobert
of Dalzell, of the lands of Brownside, 27th August 1430.
33. In Dei Nomine Amen. Anno ab Incarnacione eiusdem mUlesimo ccccm0 xxxmo,
mensis Augusti die xxvii, indiccione viii, pontificatus sanctissimi in Christo
patris et domini nostri, domini Martini diuina prouidencia pape v., anno xiii :
In mei notarii publici et testium subscriptorum presencia personahter cohstituta
nobilis femina, Caterina de Setovn, domina de Dernele, non vi aut metu coacta,
vt asseruit mediante iuramento, sed sua spontanea voluntate et ex certa sciencia,
suum consensum prebuit et assensum donacioni et concessioni terrarum de
Brownside cum pertinenciis, iacencium in baronia de Strathauan infra vice
comitatum de Lanark, factis Eoberto de DalzeU, heredibus suis et assignatis
hereditarie, per nobhem virum Alanum Stewart, dominum de Dernele, spon-
sum dicte Caterine, secundum quod in carta dicti domini de Dernele predicto
Eoberto de Dalzel inde confecta plenius continetur : Et dicta domina de Der
nele nunquam reuocabit dictas donacionem et concessionem, nee aliquis nomine
vol. I. x

162

CHARTERS AND FAMILY PAPERS.

[1430-33.

suo, sed ipsas ratificabit et approb[ab]it, et tunc ratificabat et approbabat, pro
se et heredibus suis imperpetuum : Item dictus Eobertus de Dalzel est obli
gate dicte domine de Dernele dare suum consUium, auxUium, et expediciones
in omnibus negochs et causis ipsam dominam tangentibus et tacturis, ae sibi
assistere contra omnes homines et feminas mortales, domino nostra Eege Scocie
et antefeodatoribus ipsius Eoberti de Dalzel duntaxat exceptis : Ad que omnia
fideliter obseruanda dicta domina de Dernele, tactis sacrosanctis euangeliis,
iuramentum prestitit corporale. Super quibus omnibus sepedictus Eobertus de
DalzeU pecht a me notario sibi fieri pubhcum instrumentum ; cui instrumento
predicta domina suum sighlum apponere tunc promisit. Acta fuerunt hee
apud Castrum de Crukystoun, anno, mense, die, indiccione,
et pontificatu quibus supra ; presentibus circumspectis
vhis, Alexandro Stewart de Eaase, Willelmo de Couchran,
Duncano Olyfant, scutiferis, et Hugone de Lenax, clerico,
testibus ad premissa vocatis et speciahter requisitis.
Et ego Johannes de Hawyk, presbyter Glasguensis
diocesis, publicus auctoritate imperiali notarius,
premissis, etc.

Obligation by Alane Stewart, lord of Dernle, to Eobert of Dalzele,
of the Bracanryg, 2d February 1433.
34. Be it kend til al men be thir present lettres, me, Alane Stewart, lorde of
Dernle, to be haldyn and firmly to be oblistt, and be thh present letteris obliss
me, myn ayris and assignais, to Eobert of Dalzele of the Bracanryg, his ayris
and assignais, that gef euir it happynys in tyme to cum that I, myn ayris or
assignais, or Caterine of Setoun my spows, or ony in our name, or in our namys,
mak interrupcioun, claym, or impediment or gayncaUyng of the landis of the
Broun-syde, and the landis of the Eyland-syde, with thah pertinentis, lyand in
the barony of Strathavane, within the schirrafdome of Lanark, the qwhUk landis
with the pertinentis I haf gefyn to the said Eobert heretabhly be my charteris
tharof made, for his seruice to me done and to be done for al the days of his
lyf, that within fourty days next efter at interrupcion, clayme, or impediment

1433-41.] CHARTERS AND FAMILY PAPERS. 163
be made throw me, myn ayris or assignais, or throw the forsaid Caterine my
spowse, or ony in our name, to the forsaidis landis, with thair pertinentis, or ony
of thaim, I obliss me, myn ayris and assignais, to the said Eobert, his ayris and
assignais, that I, myn ayris and assignais, qwhilk of vs happynys to be in that
tyme, that I or thai sal gef alsmekU land, and als gude, of my landis of the
Galstoun, in competent placis, out takand my chemys, to the said Eobert, his
ayris or assignais, with als fre charter, sesyng, and possessioun, as he is infeft
of me of the landis of the Broun-syd, and the EUand-syde, with thair perti
nentis : Nocht agaynstandand the charteris and the enfeftment of the Broun-
syde and of the EUand-syd, with the pertinentis, to be of force and vertu to
the sayd Eobert, his ayris and assignais, as thai war of befor that clayme was
made : Alsa I obhss me, myn ayris and assignais, to the said Eobert, his ayris
and assignais, in twa hundir pundis of vsuale mone of Scotland,- to be payt til
hym, his ayris or assignais, in Sane Nichalace chapale of Lanark, appone the
he autar of that ilk, at anys and togeder on a day, or I, myn ayris or assignais,
or Caterine my spowse, or ony in our name, be herd in the plede or mut of
the forsaidis landis, with thah pertinentis, for costis, scathis, and expensis, be
cause the sayd Eobert is man to me for the saidis landis, with the pertinentis,
for al the days of his lyf : The qwhilk condicioun and connand I obliss me,
myn ayris and assignais, and al my landis, and gudis mouabU and vnmouabil,
to the said Eobert, his ayris and assignais, to kepe and to fulfill, as is beforsayd,
lely and trewly, but fraud and ghe ; na remede of law to be proponyt in the
contrar of this condicioun befor sayd : In the witnes of the qwhilk thing, to
thir present lettres I haf set my sele, at Cruxtoun, the secunde day of the
moneth of Februar, the zer of our Lorde a thowsand four hundir thretty and
thre zer, befor thir witnes, John Stewart of the Crag, Bernard Lokhart, Quintyn
Wer, WiU of Coghrane, and other sindry.
Letters of King James ii. narrating Decree dated 1st June 1441, by the
Lords Auditors of Parliament, reducing the grant of the lands of Akinhede,
made by John Maxuel of Calderuod to Thomas Maxuel of Pollok, 3d
June 1441.
35. Jacobus Dei gracia Eex Scotorum, Vicecomiti et baUiuis suis de Lanark, salutem.

164 CHARTERS AND FAMILY PAPERS. [1441.
Quia in consUio nostro generali tento apud Edinburgh, die Jouis primo Junh,
anno Domini mUlesimo quadringentesimo quadragesimo primo, in pretorio dicti
burgi, per tres status regni nostri, super retractacione et inuahdacione cuius-
dam assedacionis tenarum de Akinhede Thome MaxueU de PoUok facte et
concesse, conclusum extitit et decretum prout in acto consihi nostri plenius
continetur, cuius acti tenor sequitur in hee uerba : Die Jouis primo die
mensis Junii, anno Domini mUlesimo quadringentesimo quadragesimo primo,
in consUio generali exceUentissimi principis ac domini nostri, domini Jacobi
Dei gracia Eegis Scotorum, . . . tento apud Edinburgh, in pretorio burgi
eiusdem, per venerabhes patres et honorabiles vhos, Dauid Abbatem monas
terii de Cambuskenath, Patricium Abbatem monasterii Sancte Crucis de
Edinburgh, Walterum Abbatem Insule Sancti Columbe, Magistrum WUlel-
mum de Fowlys, Archidiaconum Sanctiandree de Clero, dominos Laurencium
de Abhnethi de Saltoun, Andream Ogilby de Inchemartine, Georgium CambeU
de Lowdoune, Alexandrum de Yrwin de Drum, milites, Johannem de Hamiltoun,
Johannem de Levingtoun, Johannem de Fife, LansUotum de Abhnethi, burgorum
commissarios, auditores ad causas et querelas audiendas, cognoscendas, deciden-
das et fine debito terminandas per tres regni status in consUio generali speciahter
deputatos, per bonam informacionem querele Johannis MaxueU de Caldorwod,
militis, et ipsius querele sufficientem probationem ob manifestam contumaciam
Thome Maxwel de PoUok per ipsos deputatos captam et reeeptam, ordinatum
extitit et decretum quod litere regie super assedacionem tenarum de Akinhede
dicto Thome MaxweU concesse retractentur et tanquam inualide reuocentur, et
quod warda dictarum tenarum de Akinhed remaneat cum dicto Johanne Max
weU tanquam sua propria, cum idem Johannes actus sit et erit cuUibet proponere
uel dicere volenti super dictis terris de Akinhede et ipsius warda iuridice respon-
dere ; propterea per dictos deputatos extitit ordinatum quod htere regie super
premissis dicto Johanni Maxwel concedantur. Datum de registro per me Johan
nem de Scheuez, clericum rotulorum et registri, sub testimonio sigiUi quo vtor
in officio officialatus Sanctiandree, sub die, mense et anno prescriptis in consUio
generali. Quare vobis precipimus et mandamus quatenus dictam assedacionem
terrarum de Akinhed prefato Thome MaxweU factam et concessam retractetis
et tanquam inualidam reuocetis, ac cetera in dicto acto contenta execucioni
debite demandetis, sub omni pena que competit in hac parte. Datum sub tes-

1441-43.] CHARTERS AND FAMILY PAPERS. 165
timonio magni sigilli nostri, apud Edinburgh tercio die mensis Junh, anno
Domini miUesimo quadringentesimo quadragesimo primo, et regni nostri anno
quinto. Obligation by John Forstare of Corstorphin, knight, to Sir John of
Maxwell, lord of Caldorwod, 8th January 1443.
36. Beit knawin tU al men be thh present letters, me, John Forstare of Corstorfin,
knycht, tU be haldin, and be thh present letters lehly and treuly to be oblisit til
a noble man, Schir John of Maxwell, lorde of Caldorwod, knycht, that quhat
time that it hapnis him, his ayeris or his assigneis, to warne me, myne ayeris
or myne assigneis, of fourtene dais warnyng, to ressaue in the college kirk of
Corstorfin, vpon the hee altare of that Uk, the soume of fyue hundre mark of
vsuale monay of Scotland, that I or thai salbe redy to ressaue the said monay,
and to vp giff, resigne our, and frely deliuer to the said lorde of Caldorwod,
his ayeris or assigneis, the annueU rent of twenty pundis, the quhUkis he said
to me of his landis of Blakburne, Maldisle, and Finlaustoun, togeder with the
charter thairvpon made ; and that I, myne ayeris and assigneis, sal als be redy,
vpon fourtene dais warnyng, to ressaue the soume of twa hundre fyfty markis
in the forsaid kirk ; and efter the payment thairof, sal resigne and gif our tenne
pundis of the said annueU of twenty pundis ; and efter the payment of re
manand of the said fyve hundre markis beand made in the said kirk as forsaid
is, I, myne ayeris or assigneis, in continent thahefter, sal resigne our the tother
tenne pundis of annueU of the said twenty pundis to the forsaid lord of Caldor
wod, his ayeris or assigneis : And giff it hapnis, as God forbeit, that I or thai
fraudefuUy absentis ws fra the ressauing of the said monay, eftir that we be
warnit as said is, I wiU and grauntis be thh presentes, that the said lorde of
Caldorwod, his ayeris and assigneis, and his landis forsaid, be fre and quite fra
thine furth for euermare of the payment of the said annueU, sa that the fore-
nemmit soume be deliuerit in euyn handis in the forsaid khk, to be geuyn and
pait to me, myne ayeris or assigneis, but fraude or gile. In witnessing hereof
to thir lettrez I haue gert set my seel, at Corstorfin, the viii day of the moneth
of Januare, the zer of God a thousand foure hundreth fourty thre zer.

166 CHARTERS AND FAMILY PAPERS. [1446.
Eesignation by John of Maxwel, son and heir of WiUiam of Maxwel of
Akynhede, of an annual rent from the lands of Maldisle, in favour of
Sir John Maxwel, lord of Calderwod, knight, 1st August 1446.
37. Vniuersis pateat per presentes me, Johannem de Maxwel, fihum et heredem
quondam WiUelmi de Maxwel de Akynhede, non vi aut metu ductum, nee
enore lapsum, sed mera et spontanea mea voluntate, sursum reddidisse, ac per
fustem et baculum pureque simpliciter resignasse totum et integrum iUum
annuum redditum quinque Librarum quern quondam predictus pater meus
habuit, et ego modo habeo annuatim de tenis de Maldisle jacentibus infra vice
comitatum de' Lanark, in manibus nobilis domini et potentis domini Johannis
de Maxwel, domini de Caldorwod, militis, ac domini mei superioris predicti
annui redditus ; ac totum jus et clameum que in dicto annuo redditu cum per-
tinenths habui, habeo, uel habere potero quoquomodo, prefato domino Johanni
domino meo superiori eiusdem, pro me et heredibus meis, ac omnibus ahis
nomine uel jure nostro, omnino quittumclamando imperpetuum ; ita quod nee
ego nee heredes mei, nee aliquis alius nomine nostro, jure, uel titulo, ahquod jus
uel clameum, proprietatem uel possessionem in dicto annuo redditu quinque
librarum, uel ahqua parte eiusdem, vendicare poterimus seu poterit ; sed ab
omni clameo et juris titulo tam petitorio quam possessorio shnus absoluti im
perpetuum et exclusi per presentes penitus et omnino : ad que omnia et singula,
vt premittitur, bene et fideliter obseruanda sine fraude et dolo, reuocatione seu
contradictione quibuscunque imperpetuum, pro me et heredibus meis, tactis
sacrosanctis Dei euangelhs, juramentum prestiti corporale : In cuius rei testimo
nium sigUlum meum presentibus est appensum, apud Blantyr, primo die mensis
Augusti, anno Domini mUlesimo quadringentesimo quadragesimo sexto.
Instrument of Sasine in favour of John Boyle of Wamfray, of the lands
of Eyisholm, 11th October 1446.
38. In Dei nomine Amen. Per hoc presens pubhcum instrumentum cunctis pateat
euidenter quod anno ab Incarnacione Domini mUlesimo ccccmo quadragesimo
sexto, mensis uero Octobris die vndecimo, indictione decima, pontificatus sanetis-
shni in Christo patris et domini, domini nostri Eugenii diuina prouidentia pape

1446-49.J CHARTERS AND FAMILY PAPERS. 167
quarti anno decimo sexto; in mei notarii publici et testium subscriptorum
presencia personahter constitutus nobUis ac potens dominus, Eobertus Boyde,
dominus de Kylmarnok ac baro baronie de DaUry, superior dominus terrarum
de Eyisholm, dedit saisynam et statum hereditarium dictarum tenarum de
Eyisholm cum pertynenciis, per tradicionem terre et lapidis, nobUi viro Johanni
Boyle de Wamfray, secundum formam et tenorem sue inquisicionis et euiden-
tiarum suarum antiquarum, saluo jure quorumhbet, ut est moris : Super quibus
omnibus et singulis sic premissis, petiit predictus Johannes Boyle de Wamfray
per me notarium publicum sibi fieri presens publicum instrumentum. Acta
sunt hee in aula de Eyisholm antedicta, hora quasi vndecima ante meridiem,
sub ' anno, mense, die, indictione, et pontificatu quibus supra ; presentibus
nobihbus et prouidis viris, videlicet, Johanne de Blar, domino eiusdem, Thoma
de Craufurd de Gyffartland, Johanne de Dunlop de Achinsteche, Eoberto Ker
de Trearn, Eoberto Boyle de Calburn, Andrea de Lynn eiusdem, Archibaldo
Boyde, et Macolmo Flemyng, scutiferis, cum multis ahis testibus ad premissa
vocatis pariter et per me speciahter rogatis.
Et ego uero Stephanus de Heslyhope, presbyter Glasguensis diocesis,
pubheus auctoritate imperiali notarius, etc.
Licence by King James ii. to Herbert Lord Maxwell to buhd a castle in
the Meyrnis, 15th March 1449.
39. Jacobus Dei gracia Eex Scotorum, omnibus probis hominibus tocius tene sue,
clericis et laicis, -salutem. Sciatis quod concesshnus dhecto consanguineo
nostro Herberto domino MaxweU et heredibus suis plenam et liberam faculta-
tem et nostram licenciam specialem turrim siue fortalicium in suis terris
jacentibus in baronia de le Meyrnis, infra vicecomitatum de Eenfrew, con-
struendi, ac ipsam tunhn siue fortalicium muris et fossis fortificandi, circum-
cingendi, portisque ferreis firmandi et muniendi ac in altum erigendi, in sum-
mitate eiusdem apparatibus belhcis et defensiuis preparandi, ceteraque omnia
et singula ad perfectionem et consummacionem turris siue fortalich huiusmodi
necessaria et conueniencia faciendi et perficiendi. In cuius rei testimonium
presentibus magnum sigUlum nostrum apponi precepimus, apud Edinburgh,

168 CHARTERS AND FAMILY PAPERS. [1449-51.
decimo quinto die mensis March, Anno Domini mUlesimo quadringentesimo
¦quadragesimonono, et regni nostri decimoquarto.
Tack by King James il to Walter Stewart of Arthorle of the lands of
Perthwic in liferent, 22d November 1451.
40. James be the grace of God King of Scottis, TiU aU and sindry oure liegis and
subditis to quhais knawlage thh oure lettres salcum, grating : Wit ze vs to haue
set and to male lattin, and be thir oure letters settis and to male lattis, til oure
louede famihare squyer, Waltir Stewart of Arthorle, all and sindry oure landis
of Perthwic with the pertynens, lyande within the baronry of Eenfrew, within
the shirefdome of that Uk, for aU the termez of the saide Walteris hfe, enter-
ande and begynnande in the saide maling at the feste of Witsonday next
folowing the date of thh letters : To be haldin and to be had all and hale the
saidis oure fornemmyt landis of Perthwic, with the pertinentis, to the saide Waltir
Stewart and his subtenandis for aU the termes of his life, of vs and oure ayeris,
with aU fredomez, proffittis, asiamentis, and richtwis pertinentis, with commoun
pasture, free ische and entre, frely, quitely, wele and in pece, for outin ony
againstanding or gaincaUing quhatsumeuir ; payande tharefore zereli the saide
Walth, and for Uk zere of his life tyme, tU vs and oure ayeris, ten pundis of
vsuale mone of oure Eealme, at the festis of Witsonday and Sainte. Martyne in
wyntir, be evinly porciouns, in name of male alanerly, for aU vthir chargis :
Quharefore straith we forbid that ony of oure liegis, of quhat degre or estate
thai be, tak on hande tU vex, inquiet, distroble, or mak wrangwis impediment
to the saide Walth or his subtenandis in entermetting and manuryng of the
saide oure landis of Perthwic, enduring the termez of his life, as saide is, vndir aU
pain and offens ze may inrin and commyt again oure Maieste. Gevin vndir
oure prive sele, and the subscription of oure avne hande, at Edinburgh, the xxij
day of the moneth of Nouember, the zere of God a thousande foure hundreth
fifty and a zere, and of oure Eegne the fiftene zere.

^^±5A^A^4A

1452.] CHARTERS AND FAMILY PAPERS.

169

Transumpt, dated 30th May 1494, of an Indenture between Herbert Lord
Maxwell, and Sir John Maxwell of Nether Pollok, concerning the
lands of Nether PoUok, dated Carlauerok, 6th February 1452.
41. In Nomine Domini Amen : Vniuersis et singulis presentes transumpti hteras
siue presens publicum instrumentum inspecturis, visuris, lecturis pariter et
audituris, WUlelmus Wawane in decretis licenciatus, canonicus Aberdonensis,
ac officialis Sanctiandree ' infra Archidiaconatum Laudonie ad vniuersitatem
causarum speciahter constitutes, salutem in omnium Saluatore : Noueritis quod
circumspectus vir Johannes Halkerstoun, procurator et eo nomine nobilis et
potentis domini Johannis Domini MaxweU, de cuius procuracionis mandato
apud acta curie nostre luculenter constabat nobis cum ea qua decuit reuerencia
quandam Indenturam factam inter quondam nobUem et potentem dominum,
dominum Herbertum Dominum MaxweU ab vna, et Johannem Maxwel de
NetherpoUok ab altera partibus, super certis punctis et articuhs in eadem In
dentura inferius inserta contentis, papiro scriptam sigUloque dicti Johannis
MaxweU cera rubea sigiUatam, presentauit, humhiter supplicans quod cum ipse
Johannes Dominus MaxweU dicta Indentura in diuersis locis, videlicet in judicio
et extra, indigeret ad diuersos effectus ipsiusque perdicionem, destructionem, seu
amissionem propter viarum discrimina aliaque pericula fortuita que euenire
poterunt, timeret quatenus eandem Indenturam per notarium publicum sub
scription transumi transcribi et copiari mandaremus, ac transumpto huiusmodi
nostrum decretum interponendo tantam vim et eandem fidem seu simUem fore
in judichs et extra adhibendam quantam eisdem hteris Indentureque originah
adhiberetur si in judicio onerosa foret : Nos vera considerantes huiusmodi sup-
plicacionem fore justam et rationi consonam ad justificacionem nostri processus
sibi Johanni Halkerstoun nomine quo supra decreuimus literas nostras citatorias
siue pubhcum edictum, in quo omnes et singulos sua interesse habentes vel
habere putantes communiter vel diuisim ad videndum et audiendum huiusmodi
Indenturam transumi transcribi et exemplari ac transumpto huiusmodi nostrum
decretum interponi ad certos dies, videlicet, date presencium et locum in eisdem
contentos precise et peremptorie fecimus citari. In quo termino nobis pro
tribunah sedentibus loco subscripto, et dicto Johanne Halkerstoune procuratore
nomine quo supra comparente, et nostras hteras citatorias siue pubhcum edic-
VOL. I. Y

170 CHARTERS AND FAMILY PAPERS. [1452.
turn per tempus certorum dierum precedencium in valuis ecclesie collegiate
beati Egidii de Edinburgh, Sanctiandree diocesis, tanquam in loco famosiori
affixas seu affixum, secum deferente dictos omnes et singulos sic citatos pro suo
interesse vigore huiusmodi literarum nostrarum fecimus vocari : Quorum cita-
torum vocatorum et non comparencium idem Johannes procurator, nomine quo
supra, contumacias accusauit, et in penam contumaciarum suarum huiusmodi
Indenturam transumi transcribi et exemplari cum nostri interposicione decreti
instanter pecht et postulauit : Nos huiusmodi literas recepimus, tenuimus, pal-
pauimus, et de suspicione examinauimus : Et quia ipsas Indenture literas siue
ipsam Indenturam originalem reperimus fuisse et esse sanam, integram, non
viciatam, non cancellatam, nee in aliqua sui parte suspectam, sigiUoque dicti
Johannis MaxwaUe ut premittitur sigUlatam, vt luculenter constabat, earn per
notarium publicum curieque nostre scribam infrascriptum transumi transcribi
et copiari mandauimus : Cuiusquidem Indenture originalis tenor de uerbo in
verbum sequitur et est talis : This Indenture, maide at Carlauerok, the vi day
of the moneth of Februare, the zere of God Im iiiic hi zeris, proportis, contenis,
and berris witnes, that it is accordit betuex ane honorable ande ane wirschipfule
lorde, Schir Herbert Lorde Maxwale, on the ta part, and Johnne of MaxwaUe of
NetherpoUok on the tother part, in maner, forme, and effect as efterfolowis ;
that is to say, the forsaide Lord MaxwaUe sal geif, or ger be gevin, to the
saide Johnne of MaxwaUe, or th his lauchfuU attourena, heretabil state and pos
session in the landis of NetherpoUok forsaid, with the pertinentis, haldin in
cheif of the forsaide Lorde MaxwaUe, efter the forme and tenour of his aid
charter gevin of the eldaris ancle the forebearis of the foresaide Lorde Maxwale
to the eldaris ande forebearis of the foresaide Johnne of MaxwaUe : Ande gif the
saide Johnne schawis nocht his charter to the forsaid Lord, the forsaid Lord sal
charter hym new with ward ande releif, ande to weyre soyte for him ande his
airis for the fohsaidis landis, with the pertinentis, in the court of Eenfrew, sic
as the forebearis of the saide Johnne war before him, for the forebearis of the said
Lord MaxwaUe, and for the saidis landis : Item, the saide Johnne of MaxwaUe
ande his ahis sal pay to the forsaide Lorde MaxwaUe ande his ahis, or his assig
nais zeirely, for the foresaide landis, half ane mark of annuale, gif it be askit :
Item, the forsaide Johnne of MaxwaUe salbe man to the saide Lord Maxwel, ande
to Eobert of Maxwel, his sone ande his aire, ande sal supple thaim ande thare

1452.] CHARTERS AND FAMILY PAPERS. 171
causis at al his gudly power aganis al erdly men, alanerly outane his alegeance
til oure Uege lord the king, for the space of twa zeris next efter folowande the
day that the saide Johnne beis possessit in his forsaide landis of NetherpoUok
with the pertinentis, haldin in cheif of the forsaid Lord MaxwaUe : Item, the'
forsaid Lord MaxwaUe has fred the forsaide Johnne of MaxwaUe the tane half
of his ward and relief, for this seruice to be maid and done as is foirsaid ; and
the saide Johnne sal pay the tothh half of the said ward and releif to the saide
lord, tU his ahis or his assignais, at the wU of the forsaide lord : Item, the
saide lorde has quitclamit, ande for euer quitclamis, the saide Johnne ande his
airis of al clamys ande querelhs that he has to say to the forsaidis landis before
the day of the making of this Indenture, al ande sindry thir condicionis lelely
and treuly to be kepit aithir of thir partus, but fraude or gUe, ar oblist th vthh
be the faithis in thare bodeis, ande on the haly ewangehs bodely sworne, ande for
the mahe haboundance of lawte to be kepit enterchangeabiUy to thh endenturis,
has set to the seeUis of thare armys, day, zere, and place before writtin, before thir
witnes, Dauid Stewart of Castelmylk, Peris of PoUok of VuerpoUok, Johnne of
Johnstoune of the Brocis, Johnne of MaxwaUe of Aikinhede, Johnne
of Liderzait, with vtheris mony. Quaquidem indentura sic copiata, transumpta,
et exemplata, nos judicialiter sedentes cum huiusmodi transumpto copia et ex-
emplo ad ipsam Indenturam originalem per notarium publicum infrascriptum
cum personis nobis fidis et ahbi fieri fecimus coUacionem, quas insimul con-
cordare reperimus, nil addito vel remoto quod facti substanciam quouismodo
mutaret vel inteUectum variaret ; ideoque presentibus Uteris transumptum et
exemplum dicte Indenture in se continentibus et eisdem presentibus transumpto
seu transcripto tantam et simUem fidem in judichs et extra adhibendam fore
et adhiberi debere, ac presentes tantam et talem vim simhemque vigorem et
idem robur sic vbique optinere quanta adhiberetur eidem htere Indenture
originali, si vt prefertur in eisdem judichs aut extra onerosa foret : Presentes
quoque literas ad finem et effectum supradictos pubhcauimus, ac ipsum decre
tum et auctoritatem nostram interposuimus et interponimus per presentes : In
quorum omnium et singulorum fidem et testimonium premissorum presentes
literas in hanc publicam formam per notarium subscriptum redegi sigiUoque
officii nostri officialatus antedicti signo et subscriptione dicti notarii jussimus
appensione communiri : Datum et actum in ecclesia • coUegiata beati Egidii de

172 CHARTERS AND FAMILY PAPERS. [1452.
Edinburgh loco consistoriah eiusdem, anno Incarnacionis Dominice miUesimo
quadringentesimo nonagesimo quarto, die vera mensis Maii penultimo, indic
tione duodecima pontificatus sanctissimi in Christo patris et domini nostri
domini Alexandri diuina prouidentia pape sexti anno secundo ; presentibus
ibidem venerabhibus et discretis viris, magistris et dominis Thoma Grenlaw
vicario de Ertht, Eoberto Craik, Thoma Alane, et Waltero Falconare, capeUanis
et notariis publicis, testibus ad premissa vocatis pariter et rogatis.
Et ego Georgeus Newtoune, presbyter Glasguensis diocesis, pubhcus autori-
tatibus imperiali et regah notarius, curieque officialatus Sanctiandree infra
Archidiaconatum Laudonie scriba, juratus Literarum citatoriarum repro
duction! et lecture citatorum in eisdem vocacioni et non comparencium
contumaciarum accusacioni et predictarum literarum transsumendarum
tradicioni, recepcioni, ascultacioni, examinacioni, earumque cum presenti
transsumpto collacioni et prescripti domini officialis decreto ceterisque
omnibus et singuhs, dum sic ut premittitur, agerentur, dicerentur et fierent,
vnacum prenominatis testibus presens interfui ; eaque omnia et singula sic
fieri et dici vidi et audiui ac in notam recepi ; ideoque hoc presens pubhcum
instrumentum per modum transsumpti confectum per ahum fidedignum,
me alias occupato, fideliter scriptum subscripsi, signoque et nomine meis
solitis et consuetis vnacum appensione sigiUi dicti officialatus signaui, ro-
gatus et requisitus in fidem et testimonium premissorum.
Georgeus Newtoune.

Discharge by John Stewart, lord of Dernlie, of his title to the lands of
Brownsyde, in favour of Huchone Cambel and Katryne the Blare, his
spouse, 24th March 1452.
42. Be it kend tU al men be thh present letters, me, Jolmn Stewarte, . lorde of
Dernlie, to haf dischargit and quytclamyt, and be thir my present letters, for
me and myn ayris, frely dischargis and quyteclamis for euirmar al rycht and
clame and titU of rycht that I had, has, or may haf of ony maner in tym to
cum, in or to the properte, fee, rycht, or possession to the landis of the Brown
syde, wytht the pertinens, lyand in the lordschip of Elamtoun, in the baronry
of Strathauen, wythtin the schhefdome of Lanark, fra me and myn ayris to

145 2-5 3. J CHARTERS AND FAMILY PAPERS. 173
Huchonne Cambel, bruthh german to Sh George CambeU of Lowdoune, and
Schhefe of Ayr, knycht, and to Katryne the Blare, spouse of the said Huchone,
and to the langar leuar of thaim, and to the ayris and assignais of the said
Huchone, for euirmar, sa that I, na myn ayris, sal neuir haf rycht, clame, na
titil of rycht, in na to the prophte of the said land, rycht, fee, na possessione,
bot clerly to be excludit fra me and myn ayris to the said Huchone and Katryn,
and the langar lefar of thaim, and to the ayris and assignais of the said Huchone
for euirmar, sauffand the superiorite : In witnes of the quhilk thing to thh my
present letters I haf to hungyn my sele, at Edinburgh, the xxiiij6 day of the
moneth of Marche, the zer of oure Lord a thousand fourhundreth fifty and twa
zeris, in presens of thir witnes, Schh George Cambel, lord of Loudoun and
schhef of Ayr, Sh Johnn the Eose, lord of Haukhed, knychtis, Johnn of Cha-
myr, lord of Gaidgert, Eobert Stewart my bruthir, and Johnn of Byrkmyr,
wytht mony vthyr sindry.
Eatification by John Stewart, lord of Dernlee, of the disposition made by
John of DalzeU to Huchone Cambell, of his lands of Brounsyde, 26th
March 1453.
43. TU al ande syndry to quhais knawlage thir present letters sal to cum, Johne
Stewart, lorde of Dernlee, grating in God ay lestande ; Wit ze me to haf
apprufyt, ratifyit, and confermyt, and be thir present letters. for me, myn ayris,
and assignais for euermar apprufis, ratifyis, and confermys al and hale that
gyft and alienacioun gyffyne and maid be Johne of DalzeU of the Bracanryg til
Huchone CambeU, bruthh to Schh George CambeU, lord of Lowdoune and
schhefe of Ayr, knycht, and th Katryn the Blare, his spouse, and tU the langar
lefande of thaim, and tU the ayris and assignais of the said Huchone, of the
landis of the Brounsyde, wytht thar pertinens, lyande in the baronry of Strath-
aven, wythtin the schhefedome of Lanarke ; and als th haf apprufyt, ratifyit,
confermyt, and admyttit, and throu the tenore of thh lettres apprufis, ratifyis,
confermys, and admyttis for me and myn ayris for outyn reuocacioun for euer
mar, al that confirmcioun gyffyn be my derrest modyr, Dame Katryn of Setoune,
to the sayd Huchone and Katryn, and the langer lefande of thaim, and to the
ayris and assignais of the said Huchone, apone the said gift of the said landis of

174 charters and family PAPERS. [1453.
the Brounsyde, wytht the pertinens, be the said Johne of Dalzel to the said
Huchone and Katryne, and to the langast lefande of thaim, and to the ayris
and assignais of the said Huchone, in al poyntis, artichs, condicionis, maneris,
and chcumstans furme to gidder wytht effec as the said charter of the said
Johne of Dalzel, and the charter of confirmacion of my said denest modyr, fuUely
proportis and contenis, sauffand my superiorite : and here attour I oblis me
and myn ayris be the fath of my body and thh present letters, lelly and treuly
to conferm and new agayn the said gyft of the said landis wytht the pertinens
to the said Huchone CambeU and Katryn, and to the ayris and assignais of the
said Huchone, in the sikyrrest furm and stUe of confirmacioun e in al thing as
said is, alsone as I or myn ayris be chargit thar to be the said Huchone or
Katryn, or his ayris, eftyr that I or myn ayris be entrit in the superiorite of
the said landis for owtyn ony langar delay, cauiUacion, fraud, or gyle ; and her
attour I oblis me and myn ayris leUy and treuly, be the fathtis of our bodyis,
to resave the said Huchone and Katryn, and the langast lefand of thaim, and
the ayris and assignais of the said Huchone, to be my propir tenand of the said
landis of the Brounsyde, wytht the pertinens, to haid of me and myn ayris,
doande swylk seruice to me and myn ayris as the saide landis aucht to do, til
me and myn ayris befor tyme, alsone as the said Huchone or Katryn, or the
ayris or assignais of the said Huchon, may trete the sayde Johne of Dalzele, or
his ayris, to refer the hale superiorite pertenande to thaim of the said landis to
me and myn ayris, and at I and myn ayris than sal mak the said Huchone
and Katryne, and the langast lefande of thaim, and the ayris and assignais of
the said Huchone, new entre wytht lauchful sesing and heretabel charter, als
sekyr as thai can devyse for outyn inconueniende, to halde fra thanefurth
alanerly of me and myn ayris for euermar, al fraude and gyle away remwfyt :
In witnes of the quhilk thing, to thir present letters I haf to hungyn my sele,
at Edinburgh, the xxvith day of the moneth of Marche, the zer of God a thou-
sande four hundreth fifty and thre zeris, beand witnes, Schh John the Eos,
lord of Haukhede, knycht, Eobert Stewarte my bruthyr, Johne of Byrkmyr, and
Thomas Sprewle, lorde of Colden, witht mony vthir.

1454.] CHARTERS AND FAMILY PAPERS. 175
Instrument of Sasine in favour of Eobert Lord Maxuell of the lands of
Mernys and NetherpoUok, 28th May 1454.
44. In Nomine Domini Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno ab Incarnacione Domini mUlesimo quadringentesimo
quinquagesimo quarto, mensis vera Maii die viceshna octaua, indiccione ih pon
tificatus sanctissimi in Christo patris ac domini, domini Nicolai diuina pro-
uidencia pape quinti anno vii. In mei notarii publici et testium subscriptomm
presentia personahter constitutus prouidus vir Johannes Brakanryg, seriandus
superioris warde baronie de Eenffrew, ex speciali mandato domini vicecomitis
eiusdem in scriptis sibi directis per quoddam breue saysine in forma capeUe
domini nostri regis, accedens personahter apud messuagium terrarum de le
Mernys ac deinde apud messuagium tenarum de NetherpoUok jacentium infra
dictam baroniam de Eenfrew, ibidem videlicet, primo apud le Mernys et deinde
apud NetherpoUok successiue et indUate per lapidem et terram, vt moris est,
tradidit saysinam hereditariam generoso armigero Gawano de Maxuell, actornato
et actornati nomine nobilis et potentis domini, Eoberti Domini le Maxuell,
fratris sui, de dictis terris de le Mernys et de NetherpoUok cum pertinenths,
saluo iure cuiuslibet, et iuxta formam et tenorem dicti breuis regh, cuius tenor
est talis : Jacobus Dei gracia Eex Scotorum, Vicecomiti et baUiuis suis de Een
frew, salutem : Quia per inquisicionem de mandato nostro per vos factam et ad
capeUam nostram retornatam compertum est quod quondam consanguineus
noster Herbertus Dominus MaxueU, pater consanguinei nostri Eoberti Domini
MaxueU, latoris presencium, obht vltimo vestitus et saysitus vt de feodo ad
pacem et fidem nostram de terris de le Mernys cum pertinenths, et de tenis de
NetherpoUok cum pertinenths, jacentibus infra baUiam vestram : Et quod dictus
Eobertus est legittimus et propinquior heres eiusdem quondam Herberti patris
sui de dictis terris cum pertinenths ; Et quod est legittime etatis ; Et quod de
nobis tanquam SenescaUo Scocie tenentur in capite ; vobis precipimus et man
damus quatenus dicto Eoberto vel suo certo actornato, latori presencium, saysi
nam dictarum terrarum cum pertinenciis iuste haberi faciatis et sine dilacione,
saluo iure cuiuslibet ; capiendo securitatem de duabus rosis rubiis ad duplica-
cionem albe firme de dictis terris de le Mernys nobis debitis, et de xx libris de
releuio dictarum tenarum de NetherpoUok nobis debito ; et hoc nullo modo

176 CHARTERS AND FAMILY PAPERS. [1454.
omittatis : Teste meipso, apud Biaknes, xxiii0 die mensis Maii anno regni nostri
xvih0. Super quibus omnibus et singulis petht ipse prefatus Gawanus MaxueU,
actornatus et actornati nomine predicti Eoberti Domini MaxueU, a me notario
pubhco publicum sibi fieri instrumentum vel publica instrumenta. Acta erant
hee apud messuagia vt predicitur terrarum de le Mernys et de NetherpoUok,
anno, mense, die, indiccione et pontificatu prescriptis ; Presentibus apud le
Mernys Magistro Amere Gledstanys, Willelmo de Eamsay, Patricio de Eysland,
Dauid Zung, WUlelmo Wylly, Andrea Makwyn ; Presentibus apud NetherpoUok
WUlelmo de Dunlop, ConvaUo de Kelle, Eoberto Patrikson, Johanne Patrikson,
Thoma Gilhagy, ac quibusdam ahis testibus ad premissa vocatis speciahter et
rogatis. Et quia ego Jacobus Lermonth, presbyter Glasguensis dyocesis, pubheus
auctoritate imperiali notarius, etc.
Charter by Sir John Maxuelle of Calderwod, knjght, to John Maxuelle,
his eldest son, and Marion of Boyde, his spouse, of the lands of Park and
Kincadzowlau, with a merk's worth of the land of the Law, 20th July 1454.
45. Omnibus hanc cartam visuris vel audituris, Johannes MaxueUe de Calderwod,
miles, salutem in Domino sempiternam : Noueritis me dedisse, concessisse, et
hac presenti carta mea confirmasse Johanni MaxueUe, filio meo primogenito,
pro suo consUio et auxilio michi impensis, omnes et singulas terras meas de
Park et de Kincadzowlau, cum vna mercata tene de le Law, cum pertinenciis,
jacentes in baronia de Maldislee, infra vicecomitatum de Lanark : Tenendas et
habendas omnes et singulas prenominatas terras de Park et de Kincadzoulau,
cum dicta mercata terre de le Law, prefato Johanni de Maxwell et Mariote de
Boyde, sponse sue, et eorum alteri diucius viuenti, et heredibus suis mascuhs
de corporibus suis legittime procreatis seu procreandis, quibus forte deficienti
bus, meis veris, legittimis, et propinquioribus heredibus, tam de recta linea
quam de taUia, quibuscunque in coniunctam infeodacionem ac in feodo et
hereditate imperpetuum, de me et heredibus meis, per omnes rectas metas
antiquas et diuisas suas, prout jacent in longitudine et latitudine, in boscis,
planis, moris, marreshs, pratis, pascuis, et pasturis, petariis, turbariis, carbonarhs,
et columbarhs, -viis, semitis, aquis stangnis, siluis, riuulis, et lacubus, aucupa-

1454-56.J CHARTERS AND FAMrLY PAPERS. 177
cionibus, venacionibus et piscacionibus, cum molendinis, multuris et eorum
sequehs, cum curhs et earum exitibus, herezeldis et merchietis mulierum, cum
comuni pastura, et libera introitu et exitu, ac cum omnibus aliis et singulis
libertatibus, commoditatibus, et aisiamentis, ac justis pertinenciis suis quibus
cunque, tam non nominatis quam nominatis, tam sub terra quam supra terram,
tam procul quam prope, ad predictas terras cum pertinenciis spectantibus seu
iuste spectare valentibus quomodolibet in futurum, libere, quiete, plenarie, in
tegre, honorifice, bene et in pace, sine retenemento vel reuocacione ahquah :
Eeddendo inde dicti Johannes de MaxueU et Mariota sponsa sua, et eorum alter
diucius viuens, et heredes sui masculi supradicti, michi et heredibus meis, tam
de recta hnea quam de tallia, comunem sectam ad cmias meas annuatim in
dicta baronia tenendas, cum vardis et rehuiis, cum contigerint, tantum pro
omni alio onere, exaccione, demanda seu seruicio seculari que de dictis terris
cum pertinenchs per quoscunque iuste exigi poterunt quomodohbet vel requhi :
Et ego vero dictus Johannes de MaxueUe et heredes mei omnes et smgulas
terras de Park et de Kincadzoulaw, cum dicta mercata terre de le Law, cum
pertinenchs, predictis Johanni MaxueUe et Mariote sponse sue, et eorum alteri
diucius viuenti, et heredibus suis mascuhs de corporibus suis procreatis seu
procreandis, quibus forte deficientibus, veris, legittimis, et propinquioribus
heredibus meis, tam de recta linea quam de taUia, adeo libere et quiete in
omnibus et per omnia, forma pariter et effectu, sicut dictum est, contra omnes
mortales varantizabimus, acquietabimus, et imperpetuum defendemus : In cuius
rei testimonium sigiUum meum huic presenti carte mee est appensum, apud
Calderwode, xx™0 die mensis Julii, anno Domini miUesimo quadringentesimo
quinquagesimo quarto ; hiis testibus, videlicet, Eoberto domino Boyde de Kil-
marnok, domino Alexandro Boyd, mihte, Dauid CampbeU, Eoberto de Maxuelle,
et Johanne Boyd, cum multis ahis.
Instrument of Sasine in favour of Lady Katherine Setoune, lady of
Dernele, of the lands of HessUdene, 9th July 1456.
46. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter quod anno Domini miUesimo quadringentesimo quinquagesimo sexto,
mensis vero Juhi die nono, indiccione quarta, pontificatus sanctissimi in Christo
VOL. I. Z

178 CHARTERS AND FAMILY PAPERS. [1456.
patris ac domini nostri, domini Cahsti diuina prouidencia pape tercii anno
secundo : In mei notarii publici et testium subscriptorum presencia discretus
vir, Thomas Thomsone, procurator et procuratorio nomine ac balhuus verus et
legittimus nobilis et potentis domini, Eoberti Domini MaxweU et terrarum
dominh de Mernis, de cuius procuratione procuratoris ac balliui potestate per
literas patentes dicti Eoberti suo proprio sigillo sigiUatas michi notario sub-
scripto ad plenum constabat, cum subscriptis testibus personahter accessit ad
principales terras de Hessildene cum pertinenths, jacentes in dicto dominio de
le Mernys infra baroniam de Eenfrew, et ibidem super solum dictarum ter
rarum de HessUdene sasinam, statum, et possessionem hereditariam viginti
mercatarum terrarum antiqui extentus per estimacionem et dehberacionem fide
lium husbandorum in predicto dominio et chca Ulud commorantium nobhi et
honorabUi domine, Domine Katherine de Setoune Domine de Dernele, per
tradicionem et dehberacionem terre et lapidis transtulit, dedit, et deliberauit,
vt moris est in talibus fieri, secundum formam et tenorem carte dicti Eoberti
Domini Maxwell eidem Katherine inde confecte, et tenorem sui precepti et
potestatis, assignando, nominando, et deliberando Ulas terras de HessUdene pro
suo principali et capitali messuagio omnium et singularum dictarum viginti mer
catarum terrarum antiqui extentus cum pertinenths suis, saluo iure cuiuslibet :
Quibus sic factis et dictis, dictus Thomas procurator et procuratorio nomine quo
supra dicti Eoberti Domini MaxweU predicte Domine Katherine Setoune pub-
lice alta et inteUigibUe voce, coram subscriptis testibus, offerebat et optulit
nomine et ex parte dicti Eoberti se promptum et paratum in omnibus et ad
omnia faciendum, obseruandum, custodiendum, et sibi peradimplendum omnia
et singula appunctuamenta, locuciones, condiciones, articulos, scripturas, formam
et effectum certarum literarum et euidenciarum inter ipsos Eobertum et Kateri-
nam alias apud Eenfrew factarum, appunctuatarum, concordatarum, et locutata-
rum, secundum tenorem earundem, sic quod pro suo defectu vel parte sua nichil
staret quominus omnia essent perimpleta, custodita, et obseruata : Et quo ad
sasinam et possessionem terrarum de Garnsalow et Dorsqwene in quibus fuit
sasita et vestita, optulit eciam ad sibi Katherine faciendum, vel ut ipsa Katerina
fieri faceret cartam suam dictarum terrarum in meliori et vberiori forma per
albam firmam tenendarum quibus mehus potuit et sciuit, et Ulam sibi tunc
Ubenter sigiUaret, et eciam nominatim faceret sibi preceptum sasine et balliuos

1456-62.] CHARTERS AND FAMILY PAPERS. 179
ad hoc faciendum quos dicta Katerina sibi vellet nominari si ipsa veUet primam
sasinam refutare vel resignare ; et ad perimplendum [et] faciendum omnia et sin
gula supradicta, habuit dictus procurator ac balliuus sigillum dicti Eoberti Do
mini Maxwell ibidem promptum, vt michi luculenter constabat : Protestatus
fuit eciam solempniter ex parte dicti Eoberti quod ex et pro eo quod ipse fuit
paratus ad omnia perimplenda, facienda, custodienda prius appunctuata quod
quicquid postea factum vel dictum per ipsam Katerinam fuerit vel aliquos
nomine suo contra dictum Eobertum in premissis nullum in futurum sibi
generaret preiudicium : De et super quibus omnibus et singulis, prefatus Thomas
procurator baUiuus et eo nomine quo supra, a me notario publico subscripto,
sibi fieri pecht publicum seu publica instrumentum seu instrumenta, vnum vel
piura : Acta fuerunt hee super solum dictarum tenarum de HessUdene, hora
quasi duodecima medie diei, sub anno, mense, die, indiccione et pontificatu
quibus supra : Presentibus ibidem prouidis vhis, Georgeo Cambell de Cessenok,
Dauid CambeU fratri germano Georgei Cambel de Loudoun, Patricio Lesuris
Eectore de Newtoun, Magistro Amero Gledstanis, Thoma de KersweU, Thoma
Lawe, Patricio Eislandis, Domino Jacobo Lermonth notario publico, Jacobo
Clerc, Eoberto Pacok et Johanne Folkert, cum multis aliis testibus ad premissa
vocatis speciahter et rogatis.
Et ego Willelmus Bonar prisbiter Sanctiandree diocesis pubheus auctori-
tate imperiali notarius, premissis, etc.
Commission by Pope Pius ii. for confirming to Patrick of Colquhoun of
Glyn a charter of a portion of the land of LestabUgrenne to William
Turnbuyl, Canon of Glasgow, 22d May 1462.
47. Pius episcopus, seruus seruorum Dei, duectis fihjs Abbati monasterij de Kyl-
wynyng et Preposito ecclesie de Bodwyl Glasguensis diocesis, salutem et
apostohcam benedictionem. lis que pro commodo et utihtate ecclesiarum et
preserthn cathedralium, ac Ulis presidentium, aliarumque sedi apostolice deuo-
tarum personarum prouide facta conspicimus, ut Ulibata persistant, hbenter,
cum a nobis petitur, apostolici mandamus adijei muniminis firmitatem. Exbi-
bita siquidem nobis nuper pro parte dUecti filij nobhis vhi, Patrich de Cul-
quhon de Glyn, domiceUi Glasguensis diocesis, petitio continebat quod ohm bone

180 CHARTERS AND FAMILY PAPERS. [1462.
memorie WiUelmus Episcopus Glasguensis, tunc in humanis agens, cum con
sensu et assensu Decani tunc existentis et dUectorum filiorum capituli ecclesie
Glasguensis, arrendauit et ad feudi firmam concessit quondam WUlelmo Turn-
buyl, tunc Canonico Glasguensi, quandam petiam siue particatam terre de Le-
stabUgrenne uulgariter nuncupatum, cum pertinentijs, prout iacet in longitudine
per omnes rectas metas antiquas et diuisas suas infrascriptas, iacentes in magno
uico ciuitatis Glasguensis, extend entes a duabus crucibus lapideis struentibus in
communi pastura usque ad crucem fori eiusdem, ex parte occidentali dicti uici,
inter tenementum siue mensionem Johannis de Halw[y]k, vicarii de Dunlop,
ex parte australi ex vna, et communem uiam extendentem se ad Leottirburnis
Cors uulgariter nuncupatam ex parte boreali ex altera partibus, et sic per Ulam
[uiam] quousque perueniatur ad ortum siue mensionem Eichardi Gardnar, vicarii
de ColmaneU, super le Prouendsyde, ex parte occidentali, ac etiam per iUum
ortum siue sepem eiusdem uersus austrum usque ad stagnum quod currit siue
manat Yaghthburne, et sic per iUud stagnum donee perueniat ad ortum siue
caudam prefati Johannis ex parte orientali partibus ex altera : Tenendam et
habendam prefato WUlelmo, heredibus suis et assignatis. de se et successoribus
suis, Episcopis Glasguensibus, in feudo et hereditate imperpetuum, per omnes
rectas metas antiquas et diuisas suas, prout iacet in longitudine et latitudine,
cum omnibus et singulis libertatibus, commoditatibus, et asiamentis ac iustis
pertinentijs quibuscunque, tam nominatis quam non nominatis, ad dictam petiam
siue particatam terre cum pertinentijs speetantibus, seu iuste spectare ualentibus
quomodolibet infuturum, adeo hbere, et quiete, integre, plenarie, bene et in pace,
in omnibus et per omnia, sicut ipse WiUelmus et predecessores sui, Episcopi
Glasguenses, dictam petiam siue particatam terre retroactis temporibus tenu-
erant seu possederant, ac ipse WUlelmus Episcopus tenuerat et possederat : Eed
dendo inde annuatim prefatus WiUelmus Turnbueyl ac heredes sui siue assignati
eisdem WUlelmo et successoribus, Episcopis Glasguensibus, decern solidos monete
usualis Eegni Scotie annui redditus, unacum decem denary s pro firma burgali
dicte Ciuitatis annuatim, soluendis ad duos anni terminos consuetos, uidelicet,
pentecostes Domini et sancti Martini in hieme per equales portiones, tantum-
modo pro omni alio seruitio debito, exactione, seu demanda que de dicta petia
siue particata tene cum pertinentijs per eundem WUlelmum Episcopum et suc
cessores exigi potuissent infuturum quomodolibet uel requiri, prout in litteris

1462-68.] CHARTERS AND FAMILY PAPERS. 181
patentibus Willelmi Episcopi et capituli predictorum, sigillis signatis, dicitur
plenius contineri : Et sicut eadem petitio subiungebat prefatus Patricius in
eadem petia seu particata terre arrendata et concessa eidem WUlelmo Turnbuyl
successerit, iUamque post obitum dicti WiUelmi Turnbuyl extunc continue tenu-
erit et possederit, prout tenet et possidet depresenti : Quare, -pro parte dicti
Patricii nobis fuit humUiter supphcatum ut arrendationi et concessioni predictis
pro Ulorum subsistentia firmiori robur apostolice confirmationis adijcere de
benignitate apostolica dignaremur. Nos igitur, cum de premissis certam noti-
tiam non habemus, huiusmodi supplieationibus inclinati, discretioni uestre per
apostolicam scriptam mandamus quatinus, uocatis moderno Episcopo et Capi-
tulo Glasguensibus, et alijs qui fuerint euocandi, super predictis omnibus et sin
gulis ac eorum circumstantijs uniuersis, uos muniti auctoritate nostra dUigenter
inspectetis, et si per eandem inspectationem ita esse, et super quo uestrum
cuiuslibet conscientias oneramus, dictas arrendacionem et concessionem in
euidentem utihtatem ecclesie Glasguensis cessisse et cedere reppereritis, eandem
arrendationem et concessionem et quecunque inde secuta eadem auctoritate
approbetis et confirmetis, suppleatisque omnes et singulos defectus, siqui for-
san interuenerint in eisdem, non obstantibus constitutionibus et ordinationibus
apostohcis ac statutis et consuetudinibus dicte ecclesie, iuramento, confirma-
tione apostolica, uel quacunque firmitate aha roboratis, ceterisque contrariis
quibuscunque. Datum Viterbii, anno Incarnacionis Dominice miUesimo quad
ringentesimo sexagesimo secundo ; nono kalendas Junii Pontificatus nostri
anno quarto A. de Vrbino.
Instrument of Eesignation by Katherine of Setoun, lady of Dernle and
Maxuele, of the lands of Hesyldene and others, 19th July 1468.
48. In Dei Nomine Amen. Per hoc presens publicum mstrumentum cunctis pateat
eiudenter quod anno Domini mUlesimo quadringentesimo sexagesimo octauo,
mensis vero Julh die decimo nono, indiccione prima, pontificatus sanctissimi m
Christo patris ac domini nostri, domini Pauh diuina prouidentia pape secundi,
anno quarto : In mei notarh pubhci et testium subscriptorum presencia honor-
abilis et nobilis domina Katerina de Setoun, domina de Dernle et de Maxuele,

182 CHARTERS AND FAMILY PAPERS. [1468.
non vi aut metu ducta, compulsa, uel coacta, nee errore lapsa, sed mea mera,
libera, pura et spontanea voluntate, ut prima facie clare apparuit, vna cum pleno,
sano, et integro consensu et assensu honorabihs et nobilis viri et delecti filii sui,
Georgh Maxuele filii primogeniti et heredis quondam Herberti Domini Maxuele,
sponsi sui, et ipsius Katerine, per fustem et baculum sursum reddidit, pureque
et simpliciter resignauit in manibus dicti Eoberti Domini Maxuele, filii et
heredis quondam dicti Herberti Domini Maxuele, domini superioris dominh et
tenarum de le Mernys, jacentium infra baroniam de Eanfrow et vicecomitatum
eiusdem, omnes et singulas terras de Hesyldene, Tytonte, Hundby, LytUschaw,
QuhithUl, le Schaw hUl, et viginti solidatus tenarum antiqui extentus de Kirk-
hiU, cum pertinenciis earundem, ac totum jus et clameum iuris, proprietatem et
possessionem, tam petitorium quam possessorium, que seu quas ipsa prefata
domina Katerina, heredes sui et assignati, in prenominatis terris seu in aliquibus
partibus earundem habuit, habet, seu quouismodo habere potuit infuturum,
prefato Eoberto Domino Maxuele omnino quitum clamauit in futurum : Et
insuper pubhee dehberauit, dedit, et donauit prefato Eoberto Domino Maxuele
vnam cartam ipsius Eoberti continentem omnes et singulas prenominatas terras
de Hesyldene, Tytonte, Hundby, Lithschaw, QuhithUl, le Schaw hill, et viginti
sohdatus terrarum antiqui extentus de KirkhUl, cum pertinenciis earundem, in
pergamino scriptam, sigillo prefati Eoberti Domini Maxuele sigiUatam : Fatendo
insuper quod nullas alias literas nee euidencias de dictis terris habuit, nee de
aliquibus partibus eiusdem, nisi tantum vnum instrumentum testimonii saysine
sue de scriptura, signo, et subscripcione domini WUlelmi Bonar notarh publici,
ut ipsa asseruit ; quod instrumentum testimoniale saysine prefato Eoberto
Domino Maxuele dehberare sponte et fideliter promisit. De et super quibus
omnibus et singulis prefatus Eobertus Dominus Maxuele a me notario pubhco
subscripto sibi fieri pecht publicum instrumentum per me notarium pubhcum.
Acta fuerunt hee in chore ecclesie fratrum predicatorum de Glasgeu, hora quasi
prima post meridiem, sub anno, mense, die, indiccione et pontificatu quibus supra :
Presentibus ibidem nobili et prepotenti domino Jacobo Domino Hammyltoun,
magistris GUberto Eerie, Archidiacano Glasguensi, Eoberto Hammyltoun Can-
ceUario eiusdem, Eoberto Hammyltone de Saltprestoun, mUite, Matheo Stewart
de CassUtoun, Johanne Maxuele de NetherpoUok, Thoma Spreule de Coldoune,
Johanne Hammyltoun de Kingishauch, Alexandro Hammyltoun de Louche,

1468-70.] CHARTERS AND FAMILY PAPERS.

183

Willelmo Johnstoun de Mariorybank, Johanne Logane de Eas, Herberto Gled-
stanis, et domino Dauid Eede, capellano et notario pubhco, cum multis alhs
testibus ad premissa vocatis speciahter et rogatis.
Et ego Thomas Laing, clericus Sanctiandree diocesis, publicus imperiali
auctoritate notarius, predictarum terrarum omnium et singularum resigna-
cioni, sursum reddicioni et earum quitum clamacioni, ceterisque premissis,
etc.

Instrument of Sasine in favour of James Cambel of Bracanryg of the lands
of Brounsid, 5th May 1470.
49. In Dei Nomine Amen. Per hoc presens pubhcum instrumentum cunctis pateat
euidenter quod anno Incarnacionis Dominice miUesimo quadringentesimo sep-
tuagesimo, mensis vero Maii die quinto, indiccione tercia, pontificatusque sanc
tissimi in Christo patris et domini nostri, domini Pauli diuina prouidencia pape
secundi anno sexto : In mei notarii publici et testium subscriptorum presencia
personahter constitutus Jacobus Cambel de Bracanryg, quandam cartam nobihs et
potentis domini, Johannis Domini de Dernle, eius sigUlo sigiUatam, super omni
bus fructibus, redditibus, et prouentibus de terris de Brounsid cum pertinenchs,
infra baroniam de Strathavane et vicecomitatum de Lanrik jacentibus, per
ipsum Jacobum et suos heredes seu assignatos leuandis, confectam nobih viro
Alexandro Steward de Galstoun, balhuo prefati Domini Dernle, per hteras
eiusdem domini patentes ipsiusque sigUlo sigillatas et ibidem ostensas, in hac
parte speciahter constituto et deputato publice presentabat, eundemque Alex
andrum baUiuum humihter requirendo quatenus sibi statum hereditarium say-
sinam et corporalem possessionem dictarum terrarum cum pertinenciis ut moris
fuerit, traderet et assignaret : Qui quidem Alexander balhuus antedictus hteras
sue potestatis suprascriptas in manibus suis tenens et per eum lectas, dictaque
carta per ipsum visa et dUigenter inspecta ac inteUecta, attendens huiusmodi
requisicionem fore justam et racioni consonam, statum hereditarium saysinam et
corporalem possessionem dictarum terrarum de Brounsid cum pertinenciis pre
fato Jacobo Cambel de Bracanryg, per terram, massam et lapides, ut moris est,
in forma meliori secundum vim, formam, et tenorem predicte carte desuper con-
fecte, tradidit et plenarie assignauit. Super quibus omnibus et singulis sepedic-

184 CHARTERS AND FAMILY PAPERS. [1470-71.
tus Jacobus a me notario publico subscripto sibi fieri pecht vnum seu piura
publicum seu publiea instrumentum seu instrumenta. Acta fuerant hee in viUa
de Brounsid antedicta, anno, die, mense, indiccione et pontificatu quibus supra :
Presentibus ibidem honorabilibus et prouidis viris, Alexandro Stewart de Gal-
stoune baUiuo antedicto, Johanne Hammyltoun de Kyngishawch, Eoberto Afflek,
Dauid Lyndesay, Eoberto Lyndesay filio Domini de Dunrod, Johanne Steward
de Crag, Eoberto Steward de Twedyn, Thoma Sympil balliuo de Glesfurd, Alano
Dalzel, Stephano Craw, et Edwardo Dalzel, cum diuersis ahis testibus ad pre-
missa vocatis speciahter et rogatis.
Et ego Johannes Lutherdale, artium magister, pubheus imperiali ac regali
autoritatibus notarius, premissis, etc.
Transumpt, dated 8th July 1476, of Bond by John Lord Dernle to
John Maxwell of PoUok, dated 20th November 1471.
50. In Dei Nomine Amen. Per hoc presens pubhcum instrumentum cunctis pateat
euidenter quod anno Incarnacionis Dominice mUlesimo quadringentesimo sep-
tuagesimo sexto, mensis Julii die octauo, indiccione nona, pontificatus sanctis
simi in Christo patris et domini, domini nostri Sixti diuina prouidencia pape
quarti anno quinto ; in venerabUis viri magistri VUlelmi Elphynstoun officialis
Glasguensis, mei notarii publici, et subscriptorum testium presencia personahter
constitutus Johannes Maxvel de Nethyr PoUok, quamdam litteram obligacionis
et assedacionis nobilis et potentis domini, Johannis domini Dernle, eius sigUlo
cera rubea sigiUatam, mihi notario publico tradidit perlegendam, copiandam, et
coUatinandam ; cuius tenor in vulgari de verbo in verbum sequitur et est
talis : " Be it kennyt thl all men be thyr present letteris, me John lord Dernle
to be bundin and oblist, and be thyr present letteris bindis and oblissis me
lelely and treuly, and be the faith and treuth in my body, to my veUbeluffit
cusyng, John of Maxvell of Nethyr Pollok, in consale, help, suple, mannteinance,
and in gud lordschip tiU him, his bamis, his kyn, his men, and his anerdance,
and aU his and thare quereUis aganis aU other party that vald do tham hurt,
harm, or skath, in the law and by the law, saffand my allegeance to my
Souerane Lord : and geff ony man of myn fallis in ony debat vyth the sayd
John, the said John profferand to stand to consale of me and my frendis, geff

1471-73.] charters and family papers.

185

the said parti vU not do sik lik, than I bynd and obliss me to lay that parti by,
and to tak playn part vyth the sayd John of MaxveU : Item, I renew and settis
be thyr letteris to the sayd John of MaxveU, for al the dayis off his lyff, the
landis of Glanderistoun, the quhUkis he had of me off befor, for his service
alanerly don and to be don, and dischargis him off all other do service : alsa
gef it happynnis, as God forbed, me, myn ayeris, executuris, or assigneis, to falze
in the payment of the sovmis bundyn to the said John of MaxveU, his ayeris,
executeris, or assigneis, at the termes expremit in myn obhgacioun, or vithin
xx dayis next efter Uky terme, excepand the sovme of the mone of the loussyng
of the landis of the Hedhous and Ouyr Murray, as is contenit in the euidentis
of befor, than I dischargis and quhitclamis the forsaid John of MaxveU off aU
obligaciounis maid to me of his landis quhatsumeuer, but fraud or giU : I vUl
alsa and grantis that the said John of MaxveU haff fuU pover and fre faculte to
set and inhabit the said landis of Glanderistoun, as he thynkis mast spedfuU,
for aU the dayis of his lyff. To the quhUkis aU and sindry thingis lelely and
treuly to be kepit, I haff geffyn my bodyh ath, and has selht this myn obhga
cioun vyth the seU off myn armez, at Dernle, the xx day of Nouember, the yher
of our Lord a thousand cccclxxi yher." Super quibus omnibus et singuhs pecht
dictus Johannes MaxveU per me notarium pubhcum infrascriptum sibi presens
pubhcum fieri instrumentum siue transsumptum. Acta sunt hee in ecclesia
Glasguensi, anno, mense, die, indiccione et pontificatu quibus supra ; presen
tibus Alexandro Elphynstoun, Johanne Luff, et Thoma MaxveU, testibus ad
premissa vocatis pariter et rogatis.
Et ego Johannes Kerd, presbyter Glasguensis diocesis, publicus autoritati-
bus imperiah et regah notarius, premissis etc.
Instrument of Eesignation by Aymer Maxwele, in favour of Eobert Lord
Maxwele, his father, of the lands of Heshildene, 23d September 1473.
51. In nomine Domini Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter et sit notum quod anno Incarnacionis Dominice millesimo
quadringentesimo lxxiii0, mensis vero Septembris die xxiij, indiccione septima,
pontificatusque sanctissimi in Christo patris et domini nostri, domini Sixti
VOL. I. % A

186 CHARTERS AND FAMILY PAPERS. [1473-77.
diuina prouidencia pape secundi anno tercio : In mei notarii publici et testium
subscriptorum presencia personahter constitutus prouidus vir Amerus Maxwele,
filius nobUis domini, Eoberti domini Maxwele, omne ius, clameum et interesse
que habet, habuit, seu habere potuit in seu ad terras de Heshildene cum suis
pertinenchs, in manibus prefati domini patris sui, per fustem et baculum, non
vi neque metu ductus, sed ex propria mocione, pure et simphciter resignauit :
De qua quidem resignacione sic facta et per prefatum dominum recepta, idem
dominus pecht a me notario pubhco sibi fieri publicum et publica instrumentum
et instrumenta quotquot essent necessaria. Acta fuerunt hee in insula beate
Marie Virginis situata in ecclesia parochiali de Drumfrese, anno, mense, die,
indiccione, et pontificatu quibus supra ; presentibus ibidem honorabUibus viris,
Johanne Maxwele, filio et apparente herede prefati domini Maxwele et senes
callo vallis Anandie, Eoberto M'Brare preposito burgi de Drumfrese, et Dauid
Maxwele, testibus ad premissa vocatis speciahter et rogatis.
Et ego WiUelmus Clephame, presbyter Glasguensis diocesis, auctoritatibus
imperiali et regali publicus notarius, premissis etc.
Bond of Eeversion by George Maxvell of Carnsaloche, and Agnes his
Spouse, to John Earl of Levenax, of the West part of Henryistoun,
3d October 1477.
52. Be it kennyt thl aU men be thyr present letteris, me, Georgis of MaxveU of
Carnsalache, and my spous Agnes, vyth ane assent and consent, sekyrly be the
faith and treuth in oure bodyis tU be bundyn and oblist, and be thyr present
letteris lelely and treuly bindis and oblisis ws tUl ane honerabUe and mychty
lord, John Erie of the Leuenax and lord Dernle, that nothvithstandyn the sayd
Johne has gevyn till vs and tiU our ayeris lachfully gottin and to be gottyn
betvix vs, and falzeand theroff to the ayeris lachfuU quhatsumeuer of me the
sayd Georgis, acht markis vorth of land of aid extent, vyth thar pertynence,
heritabhly be charter and sessyng, of the vest part of Henryistoun, lyand
vithin the schhreffdome of Eenfrew, neuer the less we vill and grantis, and ws
and oure ayeris and oure assigneis stratly bindis be thir present letteris for to
vpe geff and puriy and simpiUy tiU resigne, and frely to delyuer fra vs, oure

1477.] CHARTERS AND FAMILY PAPERS. 187
ayeris or oure assigneis for euermar, to the sayd Johne, his ayeris or his assio-neis,
all and haile the forsayd acht markis vorth of land of aid extent of the vest
part of Henryistoun, vyth thar pertynence, togeddh vyth charter and sessyng
and other euidence maid tiU ws and our ayeris therapone be the sayd John,
quhat tym the forsaid John, his ayeris or his assigneis, on a day betvix the son
rysyn and passyn to rest, in the fest of Sane John the Baptist callyt Mys-
summer, in the Frere kyrk of the predicatouris of Glesgu, apon the Ihe alter of
the samyn, lelely payis till ws, oure ayeris or oure assigneis, the sovm of ane
hundreth markis of vsuale mone of the kynric of Scotland, in moneye tald, al
fraud and gil avay put, sva that efter the payment of the said sovm, we the
saydis Georgis or Agnes, na ovre ayeris na assigneis, na ony in our name, haff
ony rycht, law, clame, properte or possessioun, in or to the saydis landis vyth
thar pertynence, bot be we excludyt tharfra for euermar in tym to cum : Fra
the quhilkis payment we, na ovre ayeris, na ovr assigneis sal na maner of vay
fraudfully absent ws : and gef it sal happyn vs, ovre ayeris or ovre assigneis, lach-
fuUy varnyt in the sayd Frere kyrk fourty dayis befor the term of the payment,
tiU absent vs fra the sayd payment, it sal nocht turn to the sayd John na his ayeris
to na preiudice ; bot he, his ayeris or assigneis, sal pay the sayd sovme upon the
sayd alter, befor ane notar and leile vitnes, and thar leiff the sayd sovm, and
fra thinfurth he and his ayeris and assigneis sal pessabiUy bruk and jois the
sayd landis, but ony impedyment or gansayng, al fraud and gUl excludyt and
avay put : the quhUkis thingis to kep in forme befor vryttin we obhss ws,
oure ayeris and our assigneis, to the sayd John, his ayeris and assigneis, in the
strathast stil of obhgacioun vsit in the realme of Scotland.
In vitnessing herof the seU of me the forsayd Georgis, for
me and my spous Agnes, to thir presentis is to hungyn, at
Glesgu, the thyrd day of October, the zher of God a thous-
sand [four hundred] sevynti and sevyn yheris ; thyr vit
nes, Master John, MaxveU, vicar of Innerkyp, Archibald
Vytschav, Schh John Kerd, notar, and other syndry.

188 CHARTERS AND FAMILY PAPERS. [1481.
Charter of Confirmation by John Lord Maxuell and of the Mernys, to
Gavin Maxuell, son and heir-apparent of Sir John Maxuelle of Cal-
deruod, knight, of the lands of the Dryppys, 8th April 1481.
53. Omnibus hanc cartam visuris uel audituris, Johannes dominus MaxueU et de le
Meyrnes, ac dominus superior terrarum de le Dryppys, salutem in Domino sem
piternam : Noueritis me vidisse, inspexisse, et dUigenter examinasse quamdam
cartam dilecti consanguinei mei, domini Johannis Maxuelle de Calderuod,
militis, suo sigiUo pendenti sigUlatam, suo filio et apparenti heredi Gawino
MaxueU hereditarie factam ; cuius quidem carte tenor de verbo in verbuni
sequitur et est talis : " Omnibus hanc cartam visuris uel audituris, dominus
Johannes Maxuelle de Calderuod, mUes, salutem in Domino sempiternam :
Noueritis me dedisse, concessisse, et hac presenti carta mea confirmasse, necnon
dare, concedere, et hac presenti carta mea confirmare predUecto filio meo et
heredi apparenti, Gawino Maxuelle, omnes et singulas terras meas de le Dryp
pys cum pertinenchs, iacentes in baronia de Kylbrydschyr et infra vicecomi
tatum de Lanark, pro vera filiali dUectione quam erga dictum filium meum
habeo et gero : Tenendas et habendas omnes et singulas predictas terras de le
Dryppys cum suis pertinenchs prefato Gawino Maxuell, heredibus suis et assig
natis, de domino MaxueUe et le Meyrnes in feodo et hereditate imperpetuum,
prout iacent in longitudine et latitudine, per omnes rectas metas suas antiquas
et diuisas, cum omnibus et singulis libertatibus, commoditatibus, proficuis et
asiamentis ac iustis pertinenciis suis quibuscunque, et adeo hbere, quiete, plen
arie, integre, honorifice, bene et in pace, sicut ego aut predecessores mei pre
dictas terras cum pertinenciis tenui seu possedi, tenuerunt seu possiderunt tem-
poribus retroactis de dominis de le Meyrnes : Faciendo dictus Gawhius, heredes
sui et assignati, annuatim domino de Kylbrydeschyr et suis successoribus pro
predictis tenis seruicia debita et consueta ; necnon dicto domino MaxueUe et
suis successoribus seruicia inde debita et consueta tantum. Et ego vero
dictus dominus Johannes, heredes mei et assignati, totas et integras predictas
terras de le Dryppys cum pertinenciis prefato Gawino, heredibus suis et assig
natis, adeo libere et quiete in omnibus et per omnia, fornia pariter et effectu vt
prescriptum est, contra omnes mortales varantizabimus, acquietabimus, et im
perpetuum defendemus. Eeseruato tamen libero tenemento omnium predic-

1481.] CHARTERS AND FAMILY PAPERS. 189
tarum terrarum de le Dryppys cum pertinenciis michi pro omnibus diebus vite
mee, necnon vna racionabUi tercia parte domine Mariote Boyd, sponse mee,
pro toto tempore vite sue, cum contigerit. In cuius rei testimonium sigillum
meum huic presenti carte mee est appensum, apud Edinburgh, sexto die mensis
Aprilis, anno Domini millesimo quadringentesimo octuagesimo primo ; coram
hhs testibus, Alexandro Lyndsaie de Carnduffe, Wilelmo Mur, et Eoberto de
Lekpreiiyk, cum diuersis aliis." Post cuiusquidem carte perlecturam et eiusdem
veraciter examinationem, ipsam cartam in omnibus suis punctis et articulis,
modis et chcumstanchs, prout in eadem inseritur, ratifico et approbo, ac pro
me et successoribus meis imperpetuum confirmo. In cuius rei testimonium
sigiUum meum huic presenti carte mee confirmacionis est appensum, apud
Edinburgh, octauo die mensis AprUis, anno Domini mUlesimo quadringen
tesimo octuagesimo primo, coram hhs testibus, Eduardo Maxuelle de Tynwald,
Georgeo MaxueUe de CarnsaUauch, Herberto Gledstanis, et Eoberto Mur de
PolkeUy, cum diuersis aliis.
Instrument of Sasine in favour of Gavin Maxwell, son and apparent heir
of Sh John MaxweU of Calderwod, knight, of the lands of Dryppys,
26th April 1481.
54. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit notum quod anno ab Incarnatione Domini mUlesimo quadrin
gentesimo octuagesimo primo, mensis vero AprUis die vicesima sexta, indiccione
decinia quarta, pontificatusque sanctissimi in Christo patris ac domini nostri,
domini Sixti diuina prouidentia pape quarti anno decimo : In mei notarii
publici et testium subscriptorum presencia personahter constitutus nobhis vir,
Gawinus MaxweU filius et apparens heres domini Johannis MaxweU de Calder-
wode, militis, accessit ad terras wlgariter nuncupatas le Dryppis, iacentes
in baronia de Kylbridschyr et infra vicecomitatum de Lanark, et ibidem
quamdam cedulam pergamineam, appensione sigiUi armorum prefati domini
Johannis roboratam, non abrasam, nee viciatam, aut in aliqua sua parte sus-
pectam, sed prossus omni penitus [vicio] carentem, nobili vira Georgio Max
weU de CarnsaUach presentauit et tradidit perlegendam ; cuius tenor sequitur in
forma : " Johannes MaxweU de Caldorwode, miles, dUectis meis Georgio Max-

190 CHARTERS AND FAMILY PAPERS. [1481.
well de Carnsallach, Alexandro Lekprewek de eodem, et WUlelmo HammUtoun de
Cawdor, baUiuis meis in hac parte coniunctim et diuisim speciahter constitutis,
salutem : Quia dedi et concessi hereditarie predilecto filio meo et heredi ap
parenti Gawino MaxweU omnes et singulas terras meas de Dryppis cum per
tinenths, jacentes in baronia de Kylbrydschyr et infra vicecomitatum de Lanark,
prout in carta mea sibi desuper confecta plenius continetur ; vobis igitur et
vestrum cuUibet coniunctim et diuisim firmiter precipio et mando, quatenus
visis presentibus, indilate statum possessionem corporalem et saisinam heredi -
tariam omnium et singularum predictarum terrarum de le Dryppis cum perti
nenths prefato Gawino MaxweU, vel suo certo actornato latori presencium, iuste
habere faciatis, secundum tenorem carte mee quam inde habet ; et hoc nuUo-
modo omittatis : Ad quod faciendum, vobis coniunctim et diuisim meam
plenariam et hreuocabUem tenore presencium committo potestatem. Scriptum
sub meo sigiUo, apud Edinburgh, nono die mensis AprUis, anno Domini mUlesimo
ccccmo octuagesimo primo :" et sic fuit dicta pergaminh cedula. Quaquidem
cedula sic vt prescribitur perlecta et inteUecta, dictus Georgius volens obtem-
perare mandatis dicti domini Johannis MaxweU statum feodi saisinam heredi-
tariam, necnon actualem, realem, et corporalem possessionem earundem terrarum
de le Dryppis cum pertinenths, vt premissum est, prout iacent in longitudine
et latitudine, prefato Gawino et heredibus suis, secundum vim, formam, et
tenorem cuiusdem carte per dictum Dominum Johannem sibi Georgio facte,
per terram et lapides, massam et pulueres, vt moris est in tahbus, tradidit et
assignauit. Super quibus omnibus et singulis prefatus Georgius a me notario
publico subscripto sibi fieri pecht publicum seu publica instrumentum aut
instrumenta vnum vel piura; cui eciam instrumento, pro maiore securitate
et effectu premissorum, sigiUum dicti Georgii Maxwell de Carnsallach dictus
Gawinus cum instantia appendi procurauit, quiquidem Georgius hoc fieri con
cessit. Acta erant hee super fundum dictarum tenarum, hora quasi prima post
merediem vel eocirca, sub anno, mense, die, indiccione et pontificatu prescriptis ;
presentibus in premissis, venerabhibus et circumspectis viris, Magistro Johanne
MaxweU, vicario de Innerkyp, Alexandro Lindesay de Karnduff, Alano Stewart
de Scheilzardis, Dauid Lindsay de le Pehe, Matheo HammUtoun, et Johanne
Lyndsay, vnacum diuersis aliis testibus ad premissa vocatis speciahter et rogatis.
Et ego Johannes Gray, presbyter, Glasguensis diocesis etc.

I486.] CHARTERS AND FAMILY PAPERS.

191

Instrument of Sasine in favour of John Lord Maxwell of the superiority
of the lands of Nether PoUok, 10th May 1486.
55. In Dei Nomine Amen. Per hoc presens pubhcum instrumentum cunctis pateat
euidenter quod anno Incarnacionis Dominice mUlesimo quadringentesimo octua
gesimo sexto, mensis Maii die vero decimo, indictione quarta, pontificatusque
sanctissimi in Christo patris et domini nostri, domini Innocencii diuina proui
dencia pape octaui anno secundo : In mei notarh pubhci et testium subscrip
torum presencia personahter constitutus nobilis vir Dauid MaxweU, procurator
et actornatus nobUis et potentis domini Johannis domini MaxweU, habens et
tenens in manibus suis quoddam preceptum saisine regium vicecomiti et
baUiuis suis de Eenfrev directum, de et super superioritate terrarum de Nethh--
poUok cum pertmenchs, jacencium in baronia de Eenfrev et infra vicecomitatum
eiusdem, prouidum virum Jacobum Cocherane de eodem, vicecomitis predicti
deputatum, balhuum in hac parte speciahter constitutum, debita cum instancia
requisiuit quatenus ipse auctoritate et vigore dicti precepti saisine regh dictum
Dauid actornatum in saisinam statumque hereditarium dicte superioritatis
tenarum de NethirpoUok cum pertinenchs, procuratorio nomine quo supra,
poneret, ac in ipsius realem, actualem, et corporalem possessionem induceret et
inuestiret, secundum regh precepti vim formam et tenorem : Qui vero Jacobus
balhuus sepedictus attendens huiusmodi requisicionem fore justam et racioni
consonam, accessit ad dictas terras de NethirpoUok, et ibidem statum heredita
rium, saisinam, et corporalem possessionem superioritatis dictarum terrarum cum
pertinenths dicto Dauid MaxweU actornato, procuratorio nomine quo supra, per
terre et lapidis tradicionem, ut in talibus fieri consuetum est, tradidit et assig-
nauit, secundum formam et tenorem dicti precepti regh ; cuius quidem tenor
sequitur et est talis : Jacobus Dei gracia Eex Scotorum, vicecomiti et baUiuis
suis de Eenfrev, salutem : Quia per inquisicionem de mandato nostro per vos
factam et ad capeUam nostram retornatam compertum est quod quondam
Eobertus Dominus Maxvel, auus Johannis domini MaxweU latoris presencium,
.obiit vlthno vestitus et saisitus ut de feodo de superioritate terrarum de Nethir
poUok cum pertmenchs, jacencium in baronia de Eenfrew infra vicecomitatum
eiusdem ; et quod dictus Johannes est legitimus et propinquior heres eiusdem
quondam Eoberti aui sui de dicta superioritate terrarum cum pertinenchs ; et

192 CHARTERS AND FAMILY PAPERS. [i486.
quod est legitime etatis ; et quod de carissimo fiho nostro primogenito Jacobo
Duce de Eothsay, Comite de Carryk SenescaUo Scocie, tenetur in capite ; nos,
tanquam tutor et gubernator dicti nostri filh, vobis precipimus et mandamus
quatenus dicto Johanni, uel suo certo actornato latori presencium, saisinam
dicte superioritatis terrarum cum pertinenciis juste haberi faciatis et sine
dhacione; saluo jure cuiushbet; capiendo securitatem de viginti libris firmarum
dicte superioritatis terrarum predictarum existentis in manibus dicti nostri
filh per vnum terminum, saisina non recuperata, et de quadraginta hbris
de rehuio eiusdem superioritatis nobis tanquam tutori predicto debitis ; et
hoc nuUo modo omittatis : Teste meipso, apud Edinburgh, quinto die mensis
Man, anno regni nostri vicesimo sexto. Super quibus omnibus et singulis dictus
Dauid actornatus a me notario pubhco infrascripto sibi fieri pecht vnum seu
piura pubhcum seu publica instrumentum seu instrumenta. ' Acta fuerunt hee
super solum dictarum terrarum, vt premittitur, sub anno, mense, die, indiccione
et pontificatu suprascriptis ; presentibus ibidem nobihbus et prouidis viris,
Georgio MaxweU de CarnsaUach, Johanne MaxveU de NethirpoUok, Alexandro
Weyr de Auchteneferdale, Jacobo Inghs, Alexandro de Lekprewyk de eodem,
Malchomo Hammyltoun, WiUelmo MaxweU, dominis Alexandro de CastUtaris,
et Symone Inghs, presbyteris, testibus ad premissa vocatis speciahter et
rogatis. Et ego Dauid Eede, presbyter Glasguensis diocesis, publicus auctoritatibus
imperiah et regah notarius, premissis etc.
Charter by Sir John Maxuell of Calderwod, Knight, to Gawin Maxuelle,
his eldest son, of the lands of Jaktoune, AUirtoune, Newlandis, GrenehiUis,
and MekUblakburne, 14th February 1486.
56. Omnibus hanc cartam visuris uel audituris, Johannes MaxueU de Calderwod,
mUes, salutem in Domino sempiternam : Noueritis me dedisse, concessisse, et
hac presenti carta mea confirmasse, necnon dare, concedere, et hac presenti
carta mea confirmare dUecto, fideli, et carissimo filio meo Gawino MaxueUe, meo
• primogenito et apparenti heredi, pro filiali dUectione quam gero erga eum, ac
suo seruicio michi multipliciter facto et fiendo, omnes et singulas tenas meas
de Jaktoun, Allirtoune, Newlandis, et GrenehiUis, cum tenandis, tenandrhs,

I486.] charters and family papers.

193

et pertinenciis suis, iacentes in baronia de KUbryd infra vicecomitatum de
Lanark, necnon omnes et singulas terras meas de MekUblakburne, cum tenandis
et tenandrhs et pertinenciis suis, iacentes in baronia de Bathkate et vicecomi
tatum de Eenfrew : Tenendas et habendas omnes et singulas prenominatas
terras de Jaktoune, AUirtoune, Neulandys, GreynhyUis, et Mekleblakburne,
cum tenandis et tenandrhs et pertinenchs suis prefato Gawino Maxuelle et
heredibus suis a me de domino SenescaUo Scotie in feodo et hereditate imper
petuum, prout iacent in longitudine et latitudine, per omnes rectas metas anti
quas et diuisas suas, in domibus, edificiis, boscis, planis, moris, maneshs, pratis,
pascuis et pasturis, viis, semitis, aquis, stagnis, shuis, riuolis et lacubus, petarhs,
turbariis, carbonis, carbonariis, columbis, columbarhs, cuniculis, cunicularhs,
bruerhs, fabrhibus, et genestis, lapicidhs, lapide et calce, cum ortis et pomariis,
ac cum molendinis, multuris et eorum sequelis, aucupacionibus, venacionibus et
piscacionibus, cum curhs et earum exitibus, amerciamentis, herezeldis bludewot-
tis et merchetis mulierum, cum communi pastura ac libero introitu et exitu,
ac cum omnibus alhs et singulis libertatibus, commoditatibus, proficuis et asia
mentis, ac iustis pertinenchs suis quibuscunque, tam non nominatis quam nomi
natis, tam subtus terra quam supra terram, tam procul quam prope, ad predictas
tenas cum suis annexis et pertinenciis spectantibus seu iuste spectare valenti-
bus quomodolibet in futurum, hbere, quiete, plenarie, integre, honorifice, bene et
in pace, in omnibus et per omnia sicut ego dictus Johannes aut predecessores
mei prenominatas terras cum pertinenciis de dicto domino SenescaUo Scotie
ante presentem donationem liberius tenui seu possedi, tenuerunt seu posside-
runt, ac sine retenemento, reuocacione, aut contradiccione quacunque : Eed
dendo inde annuatim dictus Gawinus et heredes sui dicto domino Senescallo
Scotie, domino meo superiori dictarum tenarum, et successoribus suis serui
cium debitum et consuetum tantum, pro omni alio onere, exactione, questione,
demanda, seu seruicio seculari que de predictis tenis cum suis pertinenchs per
quoscunque iuste exigi poterunt quomodohbet vel requiri : Et ego vero dictus
Johannes MaxueUe et heredes mei omnes et smgulas prenominatas terras de
Jaktoune, Allirtoune, Newlandis, GrenhUlis, et MekUeblakburne, cum tenandis,
tenandrhs, et pertinenciis suis prefato Gawino Maxuelle et heredibus suis adeo
libere et quiete in omnibus et per omnia, forma pariter et effectu ut predictum
est, contra omnes mortales warantizabimus, acquietabimus, et imperpetuum 2 B

VOL. I.

194 CHARTERS AND FAMILY PAPERS. [i486.
defendemus : Eeseruato tamen libera tenemento omnium et singularum pre-
dictarum tenaram cum tenandis, tenandrhs, et suis pertinenciis quibuscunque,
michi antedicto Johanni MaxueUe pro toto tempore vite mee, et racionabih
tercia earundem cum pertinenciis vxori mee cuicunque. In cuius rei testimo
nium sigiUum meum huic presenti carte mee est appensum, apud PolkeUy,
decimo quarto die mensis Februarii, anno Domini miUesimo quadringentesimo
octuagesimo sexto ; coram hhs testibus, videlicet, Eoberto Mure de PolkeUy,
Eoberto Steward de Galstoune, Wilelmo Mure de Lynflaira, Georgeo de
Murhed, dominis Johanne Sando et Dauid Eeid, capellanis, cum multis alhs.
Precept of Sasine by Sir John of Maxuelle of Calderwod, knight, for
infefting Gawane of Maxwelle, his eldest son, in the lands of Jaktoune,
AUyrtoune, Newlandis, and Grenhhhs, 14th February 1486.
57. Johnne of MaxueUe of Calderwod, knycht, and lord of the landys of Jaktoune,
Allirtoune, Newlandis, and Grenhhhs, lyande wythin the barony of Kyrkbrid
and the schhefdome of Lanark, to WiUiame Mure of Lynflaire, Williame of
Hammyltoune of Caudor, Alexander Lindesaie of Carnduffe, Alexander Lek-
prewyk of that Ilk, and George of Murhed, my bailzheis in that pairt speciahe
constitute : Forsamekle as I haue gevin and grantit, and be myn heretable
chartir has confermyt to my denest sonne and apperande aire, Gawane of
MaxweUe, aU and haiU the forsaide landis with thare pertinence, as my charth
maide thl hym tharevpone proportis mayre fuUely : My will is herfor, and I
charge and commandis zow, ande Ukane of zow, that incontinent efth the sicht
of thir letters, ze pass wythout dilay, and gif heretable state, seisyng, and pos-
sessioune to the said Gawane, my sonne, or tiU his attournay, of the saidis
landis of Jaktoune, AUyrtoune, Newlandys, and GrenhyUis, with thar perti
nence, efth the tenour of my chartour maide tiU him tharvpone : the quhUk to
do I commytte to zow, ande Ukane of zow coniuncthe and seuerahe, my fuU
power hreuocabyly be thh my present letters. In witnes of the quhUk thinge
I haue gert hyng to my seyU to thir present letters, at PolkeUy, the xihj day of
the moneth of Februere, the zere of Gode ane thousande foure hundreth auchty
and sex zeris.

1487.] CHARTERS AND FAMILY PAPERS.

195

Instrument of Sasine, in favour of Gawin Maxuelle, of the lands of
Jaktoune, AUyrtoune, Newlandis, and GrenehiUis, 29th May 1487.
58. In Dei nomine Amen : Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit notum quod anno Incarnacionis Dominice miUesimo quadrin
gentesimo octuagesimo septimo, mensis vero May die vicesimo nono, indiccione
quinta, ac pontificatus sanctissimi in Christo patris et domini nostri, domini
Innocenth diuina prouidencia pape octaui anno tercio : In mei notarii publici
et testium subscriptorum presentia personahter constitutus prouidus vh,
Gawinus Maxuelle, filius carnalis et apparens heres honorabhis viri, domini
Johannis Maxuelle de Calderuod, mUitis, accessit ad terras vulgariter nuncupates
Jaktoune, AUyrtoune, Newlandis, et Grenehilhs, iacentes in baronia de KUbryd
et infra vicecomitatum de Lanark, ac ibidem apud principalia messuagia dic
tarum terrarum, in vnaquaque iUarum vUlarum ' separating quasdam literas in
pergamino scriptas, sigUlo armorum dicti domini Johannis MaxueU, patris, sui,
roboratas, non abrasas nee viciatas, nee in aliqua sui parte suspectas, sed omni
prorsus vicio et suspicione carentes, circumspecto viro, Alexandro Lekprewik de
eodem, tradidit ac dehberauit perlegendas; petendo a dicto Alexandro, tanquam
balhuo in premissis literis constituto, saisinam dictarum terrarum, secundum
tenorem dictarum hterarum ac carte sue desuper sibi confecte : quique pre
fatus Alexander premissas literas michi notario publico infrascripto tradidit
perlegendas ; quarum tenor fideliter de verbo in verbum sequitur sub hac forma :
Johannes of MaxueUe of Calderwode, knycht, etc. [ Vide No. 5 7, supra.l
Post quarumquidem literarum lecturam per me notarium pubhcum infrascrip-
tum, prenominatus Alexander Lekprewyk, in prescriptis literis speciahter nomi-
natus, ac baUiuus ad hoc constitutus vigore potestatis sibi in dictis hteris com-
misse, tradidit per tene et lapidis assignacionem, vt moris est in tahbus, prefato
Gawino MaxueU saisinam hereditariam, statum feodi, necnon realem, actualem,
et corporalem possessionem de dictis terris de Jaktoune, AUyrtoune, Newlandis,
et GrenehyUis, cum pertinenciis, secundum tenorem dictarum hterarum ac carte
sue exinde sibi confecte, iacentibus in baronia de Kylbride et infra vicecomi
tatum de Lanark ; saluo iure cuiuslibet : ac eciam in vnaquaque prenomina-
tarum vUlarum de Jaktoune, AUyrtoune, Neulandis, et GrenhyUis, prefatam

196 charters and family papers. [1486.
saisinam singulariter ac separatim dedit et contulit; primo, in vUla de Jaktoune,
apud eius principale messuagium ; secundo, in AUyrtoune, apud eius principale
messuagium ; tercio, in Newlandis, in eiusdem principah messuagio ; quarto et
vltimo, apud GrenhiUis, in eiusdem principah messuagio : Super quibus omni
bus et singulis premissis dictus Gawinus MaxueUe a me notario publico infra
scripto sibi fieri pecht instrumentum pubhcum seu publica instrumenta, vnum
uel piura : cui eciam instrumento, pro maiori securitate et effectu, dictus
Gawinus sigiUum dicti Alexandri appendi procurauit cum instancia : quiqui-
dem Alexander hoc fieri concessit. Acta fuerunt hee apud principaha messu-
agia dictarum terrarum, circa horam diei primam post merediem, finiendo ante
secundam ; sub anno, mense, die, et indictione quibus supra ; presentibus
ibidem discretis viris, videhcet, Georgeo Murhede de Nethir Lauchhope,
Eoberto Maxuell de Stanle, Johanne MaxueU, Johanne Lekprewik, Thoma
Lowys, Thoma Browne, cum multis ahis testibus ad premissa vocatis speciahter
et rpgatis. Sequitur subscripcio notary.
Et ego Eobertus Wauch, presbyter Glasguensis diocesis, publicus auctori-
tatibus appostolica et regali notarius, premissis etc.
Charter by Sir John Maxuelle of Calderwod, knight, to Gawin Maxuelle,
his eldest son, of the lands of Mauldislee, 14th February 1486.
59. Omnibus hanc cartam visuris vel audituris, Johannes MaxueUe de Calderwod,
miles, salutem in Domino sempiternam : Noueritis me dedisse, concessisse, et
hac presenti carta mea confirmasse dUecto, fideli, et carissimo filio meo Gawino
Maxuelle, meo primogenito ac apparenti heredi, pro filiali dUeccione quam gero
erga eum, ac suo seruicio michi multipliciter facto et fiendo, omnes et singulas
tenas meas de Mauldislee, cum tenandis, tenandrhs, ac suis pertinenciis, iacentes
in baronia eiusdem, infra vicecomitatum de Lanark : Tenendas et habendas
omnes et singulas prenominatas terras de me predicto Gawino et heredibus
suis mascuhs procreatis seu procreandis quibuscunque ; quibus forte deficienti
bus, heredibus meis mascuhs de corpore meo legittime procreandis quibus
cunque ; quibus eciam forte deficientibus, veris et legittimis heredibus dicti
Gawini quibuscunque, in feodo et hereditate imperpetuum, per omnes rectas
metas suas diuisas et antiquas, in boscis, planis, moris, marreshs, sUuis, siluici-

I486.] CHARTERS AND FAMILY PAPERS.

197

dhs, viis, semitis, planis, aquis, stagnis, lacubus, riuulis, pratis, pascuis et pas
turis, cum molendinis, multuris et eorum sequelis, cum curiis, eschaetis et
earum exitibus, cum herezeldis, bludeweittis, et mulierum merchietis, cum vena-
cionibus, aucupacionibus, piscacionibus, petarhs, turbariis, et carbonarhs, cum
lapide et calce, cum fabris, fabrUibus, bruerhs, et brasinis, cum nemoribus et
vhgultis, cum pomarhs et ortis, et cum libero introitu et exitu, et cum omnibus
alhs et singulis libertatibus, commoditatibus, et asiamentis, ac iustis suis perti
nenciis quibuscunque, tam non nominatis quam nominatis, tam procul quam
prope, tam subtus terra quam supra terram, ad dictas terras cum pertinenciis
spectantibus seu iuste spectare valentibus quomodolibet in futurum, libere,
quiete, plenarie, integre, honorifice, bene et in pace, in omnibus et per omnia,
ut premittitur, sine aliquo retenemento mej, ac adeo libere sicut ego dictus
Johannes vel aliquis predecessorum meorum predictas terras cum pertinenchs
tenuj seu possidebam, tenuit seu possidebat aliquibus temporibus retroactis :
Eeddendo inde annuatim predictus Gawinus vnum denarium michi vsualis
monete regni Scotie in festo penthecostes, nomine albe firme, tantummodo si
petatur, pro omni alio seruicio, seculari exactione, questione seu demanda, que
per me de dictis terris cum pertinenciis exigi poterunt quomodohbet vel re-
quiri : reseruando michi liberum tenementum omnium et singularum terrarum
prenominataruin cum pertinenchs pro omnibus diebus vite mee, cum tenandis
et tenandrhs earundem, ac racionabhem terciam earundem terrarum cum perti
nenchs vxori mee cuicunque ; necnon reseruando monticulum de Mauldislee
et quinque solidatas tenarum contigue circa eum iacentes, pro seruichs fiendis
supremo domino nostro Eegi et successoribus suis debitis et consuetis : Et ego
vero predictus Johannes omnes et singulas prenominatas terras cum pertinenciis
predicto Gawino, et heredibus suis antedictis, in omnibus et per omnia, modo,
forma pariter et effectu quibus supra, contra omnes mortales varantizabimus,
et imperpetuum defendemus : In cuius rej testimonium sigiUum meum pre
sentibus est appensum, apud PolkeUy, die decimo quarto mensis February,
anno Domini miUesimo quadringentesimo, et secundum computacionem ecclesie
Scoticane, octuagesimo sexto ; coram hhs testibus, Eoberto Mure de PolkeUy,
Eoberto Steward de Galstoune, WUelmo Mure de Lynflahe, Georgeo de Mur
hed, et domino Dauid Eeide, notario publico, cum multis ahis.

198 CHARTERS AND FAMILY PAPERS. [i486.
Precept of Sasine by John of MaxueUe of Calderwode, knight, for infefting
Gawane of MaxueU, his son, in the lands of Mauldislee, 14th February
1486.
60. Johnne of MaxueUe of Calderwode, knycht, and lord of the landis of Mauldis
lee, lyand wythin the barony of the samin and the schhefdome of Lanark, to
Williame Mure of Lynflayr, WiUiam of Hammylton of the Caudor, Alexander
Lyndesaie of Carnduff, Alexander Lekprewyk of that Ilk, and George of Mur
hed, my baUzeis in that paht specialy constitute : Forsamekle as I haue gevin
and grantit, and be myne heretabyle chartour has confermyt to my denest sone
and apperand ayr, Gawane of MaxueU, all and haiU the forsaid landis with
thar pertinence, as my chartour maide tiU hym tharvpone mah fuUely proportis :
My wiU is herfor, and I charge ande commandis zou and Ukane of zou that,
incontinent efth the sicht of thh letters, zhe pass wythout dhay, and gif here-
tabile staite, seising, and possessioun to the said Gawane, my sone, or tyll his
attournay, of the saide landis of Mauldyslee, wyth thar pertinence, efth the
tenour of my chartour maide tyU hyme tharvpone : The quhilk to zou to do,
and Ukane of zow coniunctlie and seuerahe, I commytte my fuUe power irreuo-
cabylye be thh my present letters : In vitnes of the quhilk thing I haue gert
hyng to my seyUe to thir presentis, at Polkelzy, this xihj day of the moneth of
Februer, the zere of God ane thousand four hundreth auchty and sex zeris.
Instrument of Sasine in favour of Gawin Maxuelle, son and apparent
heir of Sh John Maxuelle of Calderwod, knight, of the lands of Mauldis
lee, 26th February 1486.
61. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit notum quod anno Incarnacionis Dominice miUesimo quadrin
gentesimo, secundum computacionem ecclesie Scoticane, octuagesimo sexto,
mensis vero Februarh die vicesimo sexto, indiccione quinta, ac pontificatus
sanctissimi in Christo patris et domini nostri, domini Innocench diuina proui
dencia pape octaui anno tercio : In mei- notarii publici et testium subscrip
torum presencia personahter constitutus nobhis vh Gawinus Maxuelle, filius et
heres apparens domini Johannis MaxueUe de Calderwod, militis, accessit ad

I486.] CHARTERS AND FAMILY PAPERS. 199
tenas uulgariter nominatas Mauldislee, iacentes in baronia eiusdem et infra
vicecomitatum de Lanark, ac ibidem quamdam cedulam pergamineam, ap-
pensione sighlii armomm dicti domini Johannis Maxuelle roboratam,' non
abrasam, non viciatam, nee in aliqua sui parte suspectam, sed omni prorsus
vicio et suspicione carentem, discreto viro, Georgeo de Murhed de Nethir-
lachope, presentauit; quiquidem Georgeus michi notario publico infrascripto
tradidit perlegendam ; cuius tenor sequitur de verbo ad verbum sub hac forma :
Johnne of MaxueUe of Calderwod, knycht, and lorde of the landis of Mauldis
lee, etc. [Vide No. 60, supra.']
Post quarumquidem literarum lecturam et inteUectum per me notarium pubh
cum infrascriptum, prefatus Georgeus Murhede, in preinsertis literis speciahter
nominatus, vigore potestatis in ipsis eisdem literis sibi commisse, tradidit per
terram et lapidem, ut moris est in talibus, prefato Gawino MaxueUe statum
feodi, saisinam hereditariam, necnon realem, actualem, et corporalem posses
sionem de prefatis terris de Mauldislee cum pertinenchs, iacentibus in baronia
eiusdem et infra vicecomitatum de Lanark, sibi et heredibus suis, secundum
tenorem sue carte exinde sibi confecte : Super quibus omnibus et singulis pre
missis, predictus Gawinus MaxueU a me notario publico infrascripto sibi fieri
pecht instrumentum seu instrumenta pubhcum seu pubhea vnum seu piura :
Acta fuerunt hee apud principale messuagium dictarum terrarum, videlicet,
infra vUlam de Mauldislee, chca horam diei vndechnam ante merediem, sub
anno, mense, die, indiccione, et pontificatu quibus supra : Cui eciam instrumento,
pro maiori securitate et effectu premissorum, sigUlum dicti Georgei Murhed
dictus Gawinus cum instancia appendi procurauit : Quiquidem Georgeus
hoc fieri concessit ; presentibus ibidem honorabUibus et discretis viris, videlicet,
Johanne Quhitfurd de Mylton, Quintino Quhitfurd, fiho et apparente herede
dicti Johannis, Eoberto Hammylton, fiho et apparente herede Jacobi Hammyl-
ton de Torrence, Matheo Johnson, et WUelmo Stodhird, cum multis alhs testi
bus ad premissa vocatis speciahter et rogatis. Sequitur subscripcio notary.
Et ego Eobertus Wauch, presbyter Glasguensis diocesis, pubheus auctorita-
tibus appostolica et regah notarius, premissis etc.

200 CHARTERS AND FAMILY PAPERS. [1489.
Notarial Transumpt of nine Charters by the Maxwells of Calderwood,
19th February 1489.
62. In Dei Nomine Amen. Per hoc presens publicum instrumentum siue trans-
sumptum cunctis pateat euidenter et sit notum quod, anno Incarnacionis Do
minice millesimo quadringentesimo octuagesimo nono, die vero decimo nono
mensis Februarh, indiccione octaua, pontificatus sanctissimi in Christo patris et
domini nostri, domini Innocench diuina prouidencia pape octaui anno sexto :
In reuerendi in Christo patris et domini, Eoberti Dei et apostohce sedis gracia
episcopi Glasguensis, nobihumque et prepotentium dominorum cessionis, Colini
Comitis de Ergille, domini CambeU et Lome, ac CanceUarh supremi domini
nostri Eegis, Eoberti domini Lyill, meique notarh pubhci et testium subscrip
torum presencia personahter constitutus nobhis vir, Duncanus de Dundas, et
Elizabeth Lowys, sponsa quondam bone memorie nobilis viri, domini Gawini
MaxueU, militis, filii primogeniti et heredis nobilis viri, domini Johannis Max
ueUe de Calderuode, militis, contendentes super ius habendi, detinendi, et con-
seruandi certas cartas, instrumenta, et euidencias olim spectantes sibi domino
Gawino racione hereditatis terrarum suarum talem inierunt concordiam, vide
licet, quod ipse Duncanus haberet custodiam dictamm cartarum, instrumento-
rum, et euidenciarum, casu quo Eobertus MaxueUe, filius primogenitus ipsius
domini Gawini, quern habuit cum quadam Agnete de Dundas filia ipsius Dun-
cani nunc defuncta, succederet sibi domino Gawino hereditarie ; et quod ipsa
Ehzabeth Lowys, ohm ipsius Gawini sponsa, copiam dictarum litterarum, car
tarum, instrumentorum, et euidenciarum, in debita et autentica forma instru-
mentali seu transsnmpti haberet casu quo filh sui, deficiente, quod absit, dicto
Eoberto, succederent sibi domino Gawino hereditarie, et deficiente dicto Eo
berto, fiho ipsius Gawini, et Agnetis defunctorum dicti domini cessionis de-
creuerunt et ordinarunt ipsam Elizabeth Lowys habere, et ad vthitatem prolium
suarum detinere dictas cartas, instrumenta, et euidencias principales, quas et
que ipse Duncanus haberet in custodia absque preiudicio sui aut heredum
qualiumcunque, etc., quarum tenores sequuntur et sunt tales : — [ Vide Nos. 1 0,
45, 53, 56, 57, 58, 59, 60, and 61, supra.]
Post quarumquidem hterarum, cartarum, instrumentorum, et euidenciarum
transsumpti scripturam, lecturam et examinacionem, predicti domini cessionis

1489-93.] CHARTERS AND FAMILY PAPERS. 201
et consilii pro tribunali sedentes decreuerunt et ordinauerunt presens transsump-
tum esse et fore tanti vigoris et roboris quanti et ipsi originates litere, carte, instru
menta et euidencie, ac eidem transsumpto tanta fides debere adhiberi in iudicio
et extra, in omnibus et per omnia, quanta et ipsis originahbus literis si in me-
diam producerentur : insuper sigiUa vniuersa dictis literis appensa, approbata,
ratificata, et recognita erant in presencia nobihs viri Arcbibaldi de Dundas filii
ipsius Duncani ; et vt fides indubia ipsis Uteris sic transsumptis sicuti ipsis origi
nahbus adhiberetur, et pro maiori euidencia veritatis, nobhis vir Thomas Lowys
de Mennour, prolocutor ipsius Elizabeth, pecht sigiUum nobihs et prepotentis
domini, Colini comitis de ErgUle, domini CampbeU et Lome, ac supremi domini
nostri Eegis canceUarii, antedictis presentibus transsumptis apponi et affigi.
Super quibus omnibus et singulis ipsa Elizabeth a me notario pubhco subscripto
sibi fieri pecht vnum et piura pubhcum et publica transsumptum et trans-
sumpta : Acta erant hee in loco habitacionis Georgei Eobysone anteriori, tunc
temporis locus cessionis dominorum deputatus, infra opidum de Edingburgh,
hora quasi vndecima, sub anno, mense, die, indictione et pontificatu quibus
supra ; presentibus ibidem venerabUibus viris, magistris et dominis Alexandro
Inglis, archidiacono Sanctiandree, Eicardo de Murhede, decano Glasguensi ac
clerico rotulorum et registri, Thoma Lowis, rectore de Glenquhyme, Eicardo
Eobinson, Matheo DoweUe, notarhs publicis, et Henrico Mayr clerico, et diuersis
aliis testibus ad premissa vocatis pariter et rogatis. ElCHARDUS GYBSONNE.

Precept of Sasine by John and Matthew Stevarde, hferenter and fiar of
the Earldom of Leuenax and Dernle, to Sir John Mungumry of Heych-
hede, of the lands of Pottartovne and Diconysbank, 15th AprU 1493.
63. Johannes dominus Uberi tenementi Comitatus de Leuenax et Dernle, et Matheus
Stevarde dominus feodi eorundem, dUectis nostris Johanni MaxweU de Nethh
PoUok et Johanni Stevarde de Henristone ac Johanni Crauffurde, baUiuis nostris
in hac parte speciahter deputatis, salutem : Quia vendidimus et ahenauimus
per cartam nostram dilecto nostro domino Johanni Mungumry de Heychhede,
militi, omnes et singulas terras nostras de Pottartovne et Diconysbank cum
pertinenths, jacentes in dominio nostro de Dernle infra vicecomitatum de Een-
vol. i. 2 c

202 CHARTERS AND FAMILY PAPERS. [1493.
frew ; Vobis igitur et vestrum cuUibet precipimus et mandamus quatenus, visis
presentibus, personahter accedatis seu alter vestrum accedat ad dictas terras de
Pottartovne et Diconysbank cum pertinenths, et ibidem dicto domino Johanni
Mungumry de Heychhede, militi, vel suo certo actornato, latori presencium,
statum et saisinam dictarum terrarum cum pertinenths, secundum formam et
tenorem carte sue desuper habite tradatis et dehberetis, et hoc indhate : Quod
ad faciendum vobis et vestrum cuUibet coniunctim et diuisim nostram plenariam
concedimus potestatem per presentes. In cuius rei testimonium sigilla nostra
presentibus sunt appensa, apud Crukstone, die xv° mensis AprUis, anno Domini
miUesimo quadringentesimo nonagesimo tercio.
Charter by John Earl of Leuenax and Matthew Stevarde, fiar thereof,
to Sir John Mungumry of Heychhede, knight, of the lands of Pottartovne
and Dyconysbank, 16th AprU 1493.
64. Omnibus hanc cartam visuris uel audituris, Johannes Comes de Leuenax,
dominus hberi tenementi de Leuenax et Dernle, necnon Matheus Stevarde,
dominus feodi eorundem, salutem in Domino sempiternam : Noueritis nos
dedisse, vendidisse, et alienasse, necnon per presentes vendere, dare, et alie-
nare honorabili viro, domino Johanni Mungumry de Heychhede, militi, omnes
et singulas terras nostras de Pottartovne et Dyconysbank cum pertinenths,
jacentes in dominio nostro de Dernle infra vicecomitatum de Eenfrew, pro
summa centum hbrarum in aura tantum numerato, extendente ad valorem
dictarum terrarum : Tenendas et habendas omnes et singulas prenominatas
terras de Pottartovne et Dyconisbank, cum pertinenths, de nobis et heredibus
nostris, predicto Domino Johanni Mungumry, militi, et heredibus suis in feodo
et hereditate imperpetuum, per omnes rectas metas suas antiquas et diuisas, in
boscis, planis, moris, marresus, viis, semitis, aquis, stagnis, lacubus, riuulis, pratis,
pascuis et pasturis, molendinis, multuris et eorum sequehs, cum curiis, eschaetis,
earum exitibus, herezeldis, bludwyttis, et mulierum marchetis, cum aucupacioni-
bus, venacionibus, piscacionibus, petariis, turbariis, et carbonariis, cum lapide et
calce, et cum communi pastura et libero introitu et exitu, ac cum omnibus aliis
et singulis libertatibus, commoditatibus, et asyamentis, ac iustis suis pertinenths
quibuscunque, tam non nominatis quam nominatis, tam procul quam prope, tam

1493.] CHARTERS AND FAMILY PAPERS. 203
subtus tena quam supra terram, ad dictas terras cum pertinenths spectantibus
seu iuste spectare valentibus quomodohbet in futurum, libere, quiete, plenarie,
integre et honorifice, bene et in pace, in omnibus et per omnia, ut premittitur,
sine ahquo retinemento nostri seu heredum nostrorum, ac adeo hbere sicut nos
vel ahqui predicessorum nostrorum predictas terras cum pertinenths liberius,
quietius, et honorificentius tenuimus vel possiclebamus, tenuerunt vel possiderunt,
ahquibus temporibus retroactis : Eeddendo inde annuatim predictus dominus
Johannes Mungumry, mUes, et heredes sui nobis et heredibus nostris seu succes
soribus vnum denarium vsualis monete Scocie super solum dictarum terrarum,
in festo Penthecostes, nomine albe firme, tantummodo si petatur, pro omni alio
seruitio seculari, exactione, questione, seu demanda que per nos et heredes nos
tras seu successores de predictis terris cum pertinenths exigi poterunt quomo
dohbet vel requiri. Et nos vero predicti Johannes et Matheus, heredes nostri
seu successores, omnes et singulas prenominatas terras de Pottartovne et
Dyconisbank, cum pertinenths, predicto domino Johanni Mungumry, militi, et
heredibus suis seu assignatis, in omnibus et per omnia, modo, forma pariter et
effectu quibus supra, contra omnes mortales varantizabimus, acquietabimus, et
imperpetuum defendemus. In cuius rei testimonium sigUla nostra huic pre
sent! carte nostre sunt appensa, apud Passletum, die decimo sexto mensis Aprilis,
anno Domini miUesimo quadringentesimo nonagesimo tercio ; coram hhs testi
bus, Johanne MaxveU de Nethirpollo, domino Alexandro Clogistone, notario
pubhco, Eoberto Mungumry, Johanne Parys, Johanne Crauffurde, Johanne
Haw, et Adam Marchell, cum multis alhs.
Obligation by John Earl of Lennax and Mathew Steward, his son, to
maintain Sir John of Mungumry of the Heichthede, and his hehs, in
the lands of Pottartone and Dicconysbank, 16th AprU 1493.
65. Be it kende tU al men be thh present letteris, ws Jhone Erie of Lennax and
Lorde Dernle, and Mathew Steward our sone, apperande ayr and lorde of fee of
the saide landis, to be bunding and oblist, and be thir our present letteris byndis
and obhsis ws be the fath ande trewthe in our bodeys, our ayris, executwris, and
assignays coniunctly ande seueraly, renunciande the benefice of diwisione, to
ane worschipful knyght, Schir Jhone of Mungumry of the Heichthede, his ayris

204 CHARTERS AND FAMILY PAPERS. [1493.
executwris, ande assignays ; That for samekle hais we haiff saulde, anelyt, and
away put fra ws, our ayris, executwris ande assignays, the landis of Pottartone
and Dicconysbank, with thare pertinence, to the saide Schir Jhone, his ayris,
executwris, ande assignays, for ane certane sowme of gold delyuerit and payt
th ws in nwmeryt mone, that is to say, ane hundreth pwndis of fyne golde, the
quhilkis was delyuerit fyfty pwndis of ridaris Franche crownys and Scot
crownys, and the remane of the saidis hundreth pundis in vnicomys, the
quhUk swme extendis to the waille of the saide landis ; herfor we bynde and
oblisis ws in the forme a bwffe wrytyne, that giff it happynnis ws or our ayris
to redeme and lowis the saide landis effcyr the tenour of the lettir of reuersione
made tharapone be the saide Schh Jhone tU ws, we or thai sal pay ande delyuer
the sowme abwffe expremyt of ane hundreth pwndis in sicklik golde hais is a
bwff wrytyne of our rasayt : Ande we and our ayris sal nocht consent to the
redemyng and relaxing of the forsade landis in fauoris, vthite, nor profeit of
ony other persone, bot alwterly til ourself or our ayris, and th ouris or thahis
proper ws : Alsua we wU, grantis, and admittis that the saide Schir Johne, his
ayris, executwris, or assignays, sal browyk, joys, and manwr peceply the for
saide landis with thar pertinence, in assedacione of ws or our ayris, for al the
tymis ande termys of sewyne zheris nixt the gidder and immediatly folowande
the tyme of the lowsyng of the saide landis, gif it sa happynnis thame to be
lowsyt ; the forsaide Schir Jhone, his ayris, executwris, ande assignays, payande
zherly tU ws or our ayris, sicklik mahe and dewetis as the inhabitaris of the
saide landis payt til ws in the tyme of the maken of this present obligacion ;
that is to say, fyf mark ande ane half, and xvi pennys of penny mah, ande thre
bollis of bere and ane half, ande thre peckis, with othir dewetis hais neichbur
ande othir. Ande herattour, we na our ayris, executwris, nor assignais, nor zeit
nane otheris thro wch ws na in our name, sal molest, inqwyet, perturbe, no
zeit wex na tribhe, be no maner of way, the saide Schh Jhone, his ayris,
executwris, nor assignays, his or thahis men seruandis, tenandis, or inhabitaris,
in the pecepbh browken, joising, ande manwring of the saide landis, hais he or
his ayris, executwris, or assignays thinkis maist expedyende and profeitabhe
oder be thame self to manwr in manys, or to set to tenandis or inhabitwris,
oder for mah ande gerssowme, or for ferme : Bot we and our ayris, executwris,
and assignays sal defende, warande, ande mak qwyet the saidis landis with

1493.] CHARTERS AND FAMILY PAPERS.

20*

thare pertinence to the saide Schh Jhone, his ayris, executwris, assignays, ande
inhabitaris, ande defende and mantein hym and thame and his seruandis
quhatsumeuir, bath in the law, in the thingis abwff urytyne in caws lethfuU
ande honeste. Ande to obserff, fulfil, and kepe al and sindry thir punctis
a bwff wrytyne, ande aU other punctuamentis and conditionys innit and made
be twex ws ande the said Schh Jhone, we and Ukane of ws hais obhst ws, our
ayris, executwris, ande assignays, in the stratast forme of obhgacioun that can
be dewisyt, but inconuenient, and giffyn our bodely athis thar apone, the haly
ewanghist twichyt, bath as ane and ane as bath, coniuncly and seueraly, renun-
ciande the benefice of dewisione as saide is, al remede of law cyweU or cannon,
statut law, or ack of parlyament to be excludyt alwterly and a way put, maide
or to be made in the contrar herof, but fraud or ghe, question, cauelacione, or
demande : and we nor our ayris, executwris, nor assignays, no nane otheris in
our name, neuer to be hard in the contrar herof, onder the payn of mayn-
swerying, inabihte, and defamacioun. In witnes of the quhUk thing we the
saide Jhone ande Mathew hais gart affix our sehs to this our present obligatioun,
at Paslay, the xvi day of the moneth of Aprile, the zher of Gode ane thousande
four hundreth nynte ande thre zeris : And to the mayr securite we and ilkane
of ws hais subscribyt this present obhgacioun with our awyn handis, befor thir
witnes, Jhone of ¦ MaxweU, larde of NedderpoUok, Schh Alexander of Club-
stone, notar, Eobert of Mungumry, Jhone of Crawfurd, Jhone of Haw, Adam
MercheU, AUane Steward of Cardonald, Patrick Culquhoun of the Glen, Eobert
Mungumry, Johne Mwr, Schir Alexander Clugstone, with other diuers.

"&~-*?\

Instrument of Sasine given by the deputy of James Lord Hammiltone,
Sheriff of Lanark, to Eobert Maxuell, son of the late Gavin MaxueU,
knight, of the lands of Mauldislee, 8th July 1493.
66. In Dei Nomine Amen. Per hoc presens pubhcum instrumentum cunctis

206 CHARTERS AND FAMILY PAPERS. [1493-94.
pateat euidenter quod anno Incarnacionis Dominice miUesimo quadringentesimo
Ixxxxih0, die vero mensis lulh octauo, indictione decima, pontificatus sanctissimi
in Christo patris et domini nostri, domini Alexandri diuina prouidentia pape
sexti anno 2° ; In mei notarii pubhci et testium subscriptorum presencia per
sonahter comparuit honorabhis vir Jacobus HammUtone, fiUus et apparens heres
Jacobi HammUtone de Schawfelde, ac vicecomes deputatus nobUis et potentis
domini, Jacobi Domini HammUtone, vicecomitis principalis de Lanerk, apud
tenas de Mauldislee cum pertinenciis, jacentes in baronia eiusdem infra vice
comitatum de Lanerk, et ibidem super solum *siue fundum dictarum terrarum
dictus vicecomes vhtute cuiusdam precepti vicecomiti et suis balliuis in hac
parte commissi, ac virtute sui officii, dedit statum, saisinam, et possessionem
hereditariam Eoberto MaxueU fiho quondam Gawani MaxueU, mihtis, de omni
bus et singulis terris de Mauldislee cum pertinenths, ponendo terram et lapidem
in manibus ipsius Eoberti MaxueU, ac investiendo eum in principah messuagio
dictarum terrarum, claudendo ostium vt moris est, saluo jure cuiushbet. Super
quibus omnibus et singulis predictus Eobertus MaxueU a me notario pubhco
subscripto sibi fieri pecht publicum instrumentum vnum et piura. Acta erant
hee super solum siue fundum dictarum tenarum, hora quasi 2a post merediem
uel eochca, sub anno, die, mense, indictione, pontificatu quibus supra; pre
sentibus ibidem discretis vhis, videhcet, Matheo Jhonstone, VUlelmo Stodart,
Johanne Androsone, ViUelmo Clide, et Eoberto Smyth, cum diuersis ahis
testibus ad premissa vocatis pariter et rogatis.
Et ego Johannes Dikisone, presbyter Glasguensis diocesis, publicus autori-
tatibus imperiali et regali notarius, quia premissis etc.
Instrument of Cassation by John Lord Maxwell of the sasine of the lands
of NetherpoUok, given to John Maxwell, 14th May 1494.
67. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidentur et sit notum quod anno Incarnationis Dominice millesimo quadrin
gentesimo nonagesimo quarto, mensis vero Man die decimo quarto, indictione
duodecima, pontificatus sanctissimi in Christo patris et domini nostri, domini
Alexandri diuina prouidentia pape sexti anno secundo : In nostrum notariorum
et testium subscriptorum presencia personahter constitutus nobilis et potens

1494. J charters and family papers. 207
dominus, Johannes Dominus MaxweU, personaliter accedens ad terras de Nether
poUok, vigore precepti supremi domini nostri regis sibi facti, solemniter protes
tatus est quod quicquam actum fuerit per eum pro tunc vigore precepti dicti
supremi domini nostri regis sibi suis ve heredibus non cederet in preiudicium,
et precipue penes deliberationem status et saisine dictarum tenarum de Nether
poUok Johanni MaxweU. Qui vero Dominus MaxweU antedictus, protestatione
premissa sic facta, obediendo precepto dicti supremi domini nostri regis, tan
quam dominus superior dictarum tenaram, Johannem Maxwell in statum, saisi
nam, necnon actualem, corporalem, et realem possessionem dictarum tenarum
de NetherpoUok induxit et inuestiuit, per terre et lapidis traditionem ut moris
est : Necnon paulo post, idem Dominus MaxweU huiusmodi statum et saisinam
per eum sibi Johanni Maxwell traditam cassauit et adnuUauit. In signum cuius
super solum dictarum terrarum et principalem mansionem earundem discum lig
neum fregit, vt moris est in simihbus ; aUegando quod vicecomes in dhectione
et deseruitione breuis huiusmodi tenarum de NetherpoUok inordinate processit,
necnon asisa in sua deliberatione inordinate et contra juris ordinem errando
processit : Et premissa idem Johannes Dominus Maxwel sepedictus se diuersis
instrumentis et ahis legittimis documentis, tempore et loco congruis, legittime
probaturum obtulit. Super quibus omnibus et singulis prefatus Johannes
Dominus MaxweU, tanquam dominus superior dictarum terrarum de Nether
poUok, a nobis notarhs publicis subscriptis sibi fieri atque tradi petiit vnum et
piura instrumentum et instrumenta. Acta erant hee apud dictas terras de
NetherpoUok, hora tercia vel eochca post merediem, sub anno, mense, die,
indictione et pontificatu prescriptis ; presentibus ibidem honor abihbus et dis-
cretis viris, Carolo PoUok de eodem, Eoberto MaxweU, Johanne Chartaris, et
Domino WUlelmo Blayr, notario pubUco, testibus ad premissa vocatis pariter
et rogatis. Et ego Dauid Dwne, arcium magister, presbyter Glasguensis diocesis, pub-
licus auctoritate apostolica notarius, premissis etc.
Et ego Mertinus Eede, clericus Glasguensis diocesis, publicus autoritate
imperiali notarius, quia premissis etc.

208 CHARTERS AND FAMILY PAPERS. [1494.
Instrument of Sasine by John Maxveile, Lord of NedderpoUok, to his
eldest son, John Maxveile, et Margaret Blar his spouse, of parts of
NedderpoUok, 6th October 1494.
68. In Dei Nomine Amen. Per hoc presens pubhcum instrumentum cunctis pateat
euidenter quod anno Incarnacionis Dominice miUesimo quadringenteshno nona-
gesimo quarto, die vero mensis Octobris sexto, indictione decima tercia, pontifi
catus sanctissimi in Christo patris ac domini nostri, domini Alexandri diuina
prouidencia pape sexti anno tercio : In mei notarii pubhci testiumque subscrip
torum presencia constitutus honorabilis vir, Johannes MaxveUe dominus de
Neddirpollok, personahter accessit ad illas quatuor mercatas antiqui extentus
terrarum suarum, cum pertinenchs, jacentes ex parte australi vhle de Neddir-
poUok, et consequenter ad quinque mercatas antiqui extentus terrarum suarum
vulgariter nuncupatas Dikbar, CastaUbar, Mathovbar et Commone, et ibidem de
dictis quatuor mercatis et quinque mercatis terrarum cum pertinenchs, jacen-
tibus in dominio de NeddhpoUok infra baroniam de Eenfrew et vicecomitatum
eiusdem, tradidit dUectis suis Johanni MaxveUe suo primogenito et apparenti
heredi, et Margarete Blar vxori sue, eorumque diucius viuenti, in iuncta
infeodacione, sasinam, statum hereditarium, ac realem, actualem, et corporalem
possessionem, per terre et lapidis tradicionem vt moris est, secundum vim, for
mam, et tenorem carte sue dictis Johanni et Margarete vxori sue et here
dibus suis mascuhs inde conficiende. De et super quibus omnibus et sin
gulis sic premissis, honorabUis vh, Johannes Blar de eodem, nomine et ex parte
suprascriptorum Johannis et Margarete, a me notario publico eisdem fieri
pecht vnum vel piura pubhcum vel pubhca instrumentum vel instrumenta.
Acta fuerunt hee super solum dictarum tenarum sub anno, mense, die, indic
tione et pontificatu quibus supra ; presentibus ibidem honorabilibus et prouidis
viris, VUlelmo MaxveUe de Akynheid, Johanne MaxveUe eius primogenito,
Johanne Sprevl de Coldoune, Georgio Ealstoune, Archbaldo Kelso, Johanne
Blar, et Thoma Eeid, cum diuersis alhs testibus ad premissa vocatis speciahter
pariter et rogatis.
Et ego Thomas Boyd, arcium magister, Glasguensis diocesis presbiter,
sacraque autoritate apostolica notarius pubheus, quia premissis etc.

1495.] CHARTERS AND FAMILY PAPERS.

209

Instrument of Agreement between John Lord Maxuel and John Maxuel
of NederpoUok, concerning the tenure of the lands of NederpoUok, 20th
AprU 1495.
69. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit notum quod anno Incarnacionis Dominice miUesimo quadrin
gentesimo nonagesimo quinto, mensis AprUis die vero vicesimo, indictione
decimatercia, pontificatusque sanctissimi in Cristo patris et domini nostri,
domini Alexandri diuina prouidencia pape sexti anno tercio : In mei notarii
publici et testium subscriptorum presencia personahter constituti nobUis et
potens dominus, Johannes dominus Maxuel ab vna, et Johannes Maxuel de
NederpoUok partibus ab altera, de et super certis litibus, debatis et contrauershs
inter eosdem primitus innitis et htigatis ad talem tamen finalem deuenerunt
concordiam. In primis, quod dictus Johannes. Maxuel de NederpoUok renunci-
auit, prout de presenti renunciat presentis instrumenti tenore, omnibus juri, hti
cause, proprietati et possessioni, quod et quas habuit et recuperauerat in plena
curia vicecomitatus de Eainfrew, et eiusdem occasione quouismodo ex inquisi-
cione eiusdem sibi dictas suas terras de NederpoUok nomine albe firme adiudi-
candas, premissis non obstantibus, wit et declarare voluit se dictum Johannem
Maxuel de NederpoUok et suos heredes dictas suas tenas de NedderpoUok cum
pertinenchs, certis contractibus concordatis et finaliter finitis pro perpetuo inter
eosdem, tenere et possedere predictas terras de NederpoUok cum pertinenchs de
dicto Johanne Domino Maxuel et heredibus suis et successoribus, in warda et
rehuio pro perpetuo : Propterea, dictus Johannes Dominus Maxuel, pro suis
beneuolencia, seruicio et gratitudine, wit remittere, prout presentis instrumenti
tenore remittit predicto Johanni Maxuel de NederpoUok et suo heredi vnico
proximo successori duntaxat, omnia iura et onera sibi domino Maxuel racione
warde et rehuii quomodohbet spectantia et pertinentia, dummodo ingressus
dicti Johannis et heredis sui pretacti fiat racione warde et reliuii, ut premit
titur, absque reuocacione quacunque : Promissit insuper, prout presentis instru
menti tenore promittit dictus Johannes Maxuel de NederpoUok pro se et here
dibus suis, quod ipse seu heredes sui sectam curie vicecomitatus de Eanfrew in
omnibus et singuhs curiis dicti vicecomitatus, ibidem vel ahbi tenendis, pro
dicto Domino Maxuel, racione sue warde et reliuii et heredum suorum, dictum
vol. I. 2 D

210 CHARTERS AND FAMILY PAPERS. [1495.
Dominum Maxuel indempnem et indempnes seruabit et seruabunt, ac omnia
onera ipsius curie de Eanfrew incumbencia dicto Domino Maxuel sibi per-
tinentia portabunt seu portabit, sustinebunt seu sustinebit, ac de eisdem oneri-
bus et sectis curie, ut premittitur, releuabit seu releuabunt : Et quantum ad
dimediam mercam annui redditus dictarum terrarum de NederpoUok sibi
Domino Maxuel, ut asseruit, debitam, dictus Johannes 'Maxuel de NederpoUok
pro se et heredibus suis voluntarie promissit fore et stare voluntati et arbitrio
dicti Domini Maxuel et heredum suorum, absque obstaculo vUo, contradictione,
vel demanda quo ad annuam solucionem eiusdem. Super quibus omnibus et
singulis prefatus Dominus Maxuel a me notario pubhco subscripto sibi fieri
petiit publicum seu pubhca instrumentum seu instrumenta. Acta erant hee in
ecclesia parochial! de Mernys, Glasguensis diocesis, hora prima post meridiem
vel eochca, sub anno, mense, die, indictione et pontificatu suprascriptis ; pre
sentibus ibidem honorabihbus et discretis vhis, Eoberto Maxuel fratre germano
dicti Domini Maxuel, Carulo PoUok de eodem, Maxuel de Akinhed, Eo
berto Maxuel, filio et apparente herede Gilberti Maxuell de Conhetht, domino
Petro Eudman capellano, Johanne HammUtone et WiUelmo HammUtone, cum
diuersis alhs testibus ad premissa vocatis speciahter et rogatis.
Et ego Mertinus Eed, clericus Glasguensis diocesis, publicus autoritate
imperiali notarius, quia premissis etc.
Instrument of Eesignation of the half lands of Henristoun, in the hands of
King James iv., in favour of John Maxuell of NethirpoUok, 8th July
1495.
70. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit-notum quod anno ab Incarnacione Domini mUlesimo quadrin
gentesimo nonagesimo quinto, die vero mensis July octauo, indiccione decima-
tercia, pontificatusque sanctissimi in Christo patris et domini nostri, domini
Alexandri diuina prouidencia pape sexti anno tercio : In exceUentissimi, sere-
nissimi, ct potentissimi principis supremique domini nostri Jacobi quarti Scoto
rum regis hlustrissimi, meique notarh pubhei et testium subscriptorum presencia
personahter constitutus honorabilis armiger, Petrus Crechtoun, procurator et eo
nomine nobilis et potentis domini, Johannis Comitis de Levinax, Domini Dernlie,

1495.] CHARTERS AND FAMILY PAPERS.

211

vt per suas literas procuratorii pergamino scriptas suoque sigillo, vt moris est,
sigUlatas, clare constabat, totas et integras terras occidentalis dimedietatis terra
rum de Henristoun cum pertinenths, jacentes infra vicecomitatum de Eenfrew,
dicto domino comiti hereditarie pertinentes, in manibus dicti supremi domini
nostri Eegis, tanquam in manibus SenescaUi Scocie et domini superioris dic
tarum terrarum, procuratorio nomine quo supra, per fustem et baculum vt moris
est, genibus flexis, cum omni reuerencia sursum reddidit, pureque et simpliciter
resignauit. Qua resignacione sic vt premittitur facta, dictus supremus dominus
noster Eex totas et integras prefatas terras occidentalis dimedietatis terrarum
de Henristoun cum pertinenths honorabih viro, Johanni MaxweU de Nethir-
powok, et heredibus suis in feodo et hereditate imperpetuum, per huiusmodi
fustis et baculi tradicionem, saluo jure cuiuslibet, dedit, tradidit, et dehberauit,
secundum tenorem carte dicti supremi domini nostri Eegis prefato Johanni
desuper fiende. Super quibus omnibus et singulis prefatus Johannes Max
well a me notario pubhco subscripto sibi fieri pecht vnum seu piura publicum
seu publica instrumentum seu instrumenta. Acta erant hee in ecclesia metro-
pohtana Glasguensi, hora quinta post merediem vel eochca, sub anno, die, mense,
indiccione et pontificatu quibus supra; presentibus ibidem honorabhibus et dis-
cretis viris, Eoberto Lundy de Balgony, Domino Andrea Wod de Largo, milite,
Andrea Wod de Blartoun, domino Andrea M'Brek, canonico Dunblanensi,
Thoma Lummisdene, WUlelmo Sinclar, cum diuersis alhs testibus ad premissa
vocatis pariter et rogatis.
Et ego Iley Heraldus alias Henricus Thomson, clericus Sanctiandree dio
cesis, pubheus auctoritatibus imperiah et regali notarius, quia etc.
Charter by John Lord Maxwell to John Maxwell of Nethh Pollok, of the
lands of Nethir PoUok, 3d November 1495.
71. Omnibus hanc cartam indentatam visuris vel audituris, Johannes Dominus
MaxweU, salutem in Domino sempiternam : Noueritis me dedisse, concessisse,
et hac presenti carta mea confirmasse, necnon dare, concedere, et hac presenti
carta mea confirmare dilecto consanguineo meo, Johanni MaxweU de Nethir
PoUok, omnes et singulas terras de Nethir PoUok cum pertinenths, iacentes
infra vicecomitatum de Eenfrew, pro suis seruicio et benemeritis predecessoribus

212 CHARTERS AND FAMILY PAPERS. [1495.
meis multipliciter factis et perpetratis : Quequidem terre de Nethh Pollok cum
pertinenths fuerunt dicti Johannis Maxwell hereditarie, et quas idem Johannes,
non vi aut metu ductus, nee errore lapsus, sed sua mera, pura, et spontanea
voluntate, in manibus meis tanquam in manibus domini sui superioris earundem,
personahter apud Edinburgh sursum reddidit, ac per fustem et baculum pureque
simpliciter resignauit, ac totum ius et clameum, proprietatem et possessionem,
que et quas in dictis terris cum pertinenths habuit, habet, aut quouismodo
habere poterit, omnino quietum clamauit imperpetuum : Tenendas et habendas
omnes et singulas prenominatas terras de Nethir PoUok cum pertinenths prefato
Johanni MaxweU et heredibus suis, de me et heredibus meis, in feodo et heredi
tate imperpetuum, prout iacent in longitudine et latitudine, per omnes rectas
metas suas antiquas et diuisas, in domibus, edifichs, boscis, planis, moris, mar
resus, pratis, pascuis et pasturis, viis, semitis, aquis, stagnis, shuis, nemoribus,
vhgultis, riuolis et lacubus, petariis, turbarhs, carbonarhs, columbarhs, cunicu-
larhs, fabrUibus, brasinis, bruerhs, genestis, lignis, siluicidiis, lapicidhs, lapide et
calce, cum molendinis, multuris et eorum sequehs, aucupacionibus, venacioni-
bus et piscacionibus, cum curhs et earum exitibus, amerciamentis, eschaetis et
merchetis muherum, cum communi pastura ac hbero introitu et exitu, ac cum
omnibus alhs et singuhs libertatibus, commoditatibus, proficuis et aisiamentis
ac iustis pertinenciis suis quibuscunque, tam non nominatis quam nominatis,
tam subtus terra quam supra terram, procul et prope, ad dictas tenas de Nethir
PoUok cum pertinenths spectantibus, seu iuste spectare valentibus quomodo
libet in futurum, hbere, quiete, plenarie, integre, honorifice, bene et in pace, in
omnibus et per omnia, vt premittitur, sine ahquo retinemento mei vel heredum
meorum, ac adeo hbere sicut ego vel aliquis predecessorum meorum dictas
tenas de Nethh PoUok cum pertinenths hberius, quiecius et honorificencius
tenui seu possedi, tenuerunt seu possederunt aliquibus temporibus retroactis :
Eeddendo inde annuatim dictus Johannes MaxweU et heredes sui michi et
heredibus meis dimediam mercam annui redditus in festo Penthecostes, si
petatur, vnacum warda et reliuio dictarum terrarum de Nethh PoUok dummodo
contigerit, ac cum secta communi in curia vicecomitatus de Eenfrew, pro me et
heredibus meis, suis sumptibus et expensis, pro dictis terris de Nethir PoUok
geret et gerent, aut inuenire faciat seu faciant, tantum pro omni alio onere,
exactione, questione, demanda,, seu seruicio seculari que de dictis terris de Nethir

1495.] CHARTERS AND FAMILY PAPERS.

213

Pollok cum pertinenths, per me, heredes meos, aut per alios quoscunque iuste
exigi poterunt quomodohbet vel requhi : Et ego vero dictus Johannes Dominus
MaxweU, heredes mei et successores, omnes et singulas prenominatas terras de
Nethir Pollok cum pertinenths dicto Johanni MaxweU et heredibus suis, adeo
libere et quiete, in omnibus et per omnia, forma pariter et effectu vt premissum
est, contra omnes mortales warantizabimus, acquietabimus, et imperpetuum
defendemus. In cuius rei testimonium parti huius carte indentate remanenti
cum dicto Johanne MaxweU de Nethh PoUok sigiUum dicti Johannis domini
Maxwell est appensum, et parti prenominate carte indentate remanenti cum
dicto Johanne domino Maxwell sigiUum dicti Johannis MaxveU est appensum,
apud Edinburgh, tercio die mensis Nouembris, anno Domini mUlesimo quadrin
gentesimo nonageshno quinto ; coram hhs testibus, videlicet, Eoberto Char
teris de Amysfeld, Edwardo Maxwell de Tynwald, Alano Stewart de Mont-
grenan, Karulo PoUok de eodem, Nicholayo M'Braar preposito de Drumfrece,
Johanne MaxweU fiho et apparente herede Willelmi Maxwel de Akinhed,
Johanne Charteris, et Jacobo Zoung notario pubhco, cum multis alhs.
Precept of Sasine by John Lord Maxwell in favour of John Maxwell of
Nethir PoUoke, of the lands of Nethh PoUok, 4th November 1495.
72. Johannes Dominus MaxweU, dUectis meis Eoberto MaxweU, fratri meo germano,
Karulo PoUok de eodem, Nicholayo M'Braar preposito de Drumfreice, et
Johanni Alansone in le Mernis, ac eorum alteri coniunctim et diuisim baUiuis
meis in hac parte speciahter constitutis, salutem : Quia dedi et concessi heredi
tarie dUecto consanguineo meo, Johanni MaxweU de Nethir PoUoke, omnes et
singulas terras de Nethir PoUok cum suis pertinenchs, iacentes infra vicecomi
tatum de Eenfrew, quequidem terre de Nethh Pollok cum pertinenchs fuerunt
dicti Johannis MaxweU hereditarie, et quas idem Johannes, non vi aut metu
ductus, nee errore lapsus, sed sua mera, pura, et spontanea voluntate in manibus
meis, tanquam in manibus domini sui superioris earundem, personahter apud
Edinburgh sursum reddidit, ac per fustem et baculum pureque simpliciter resig
nauit, prout in carta mea indentata sibi desuper confecta plenius continetur ;
Vobis igitur, et vestrum cuUibet coniunctim et diuisim, precipio et mando, ac
do in mandatis, quatenus visis presentibus, indilate saisinam, statum, et posses-

214 CHARTERS AND FAMILY PAPERS. [1495.
sionem hereditariam omnium et singularum predictarum terrarum de Nethir
PoUoke cum pertinenths suis prefato Johanni MaxweU, vel suo certo actornato
latori presentium, secundum tenorem dicte carte mee quam de me inde habet
iuste deliberetis et haberi faciatis sine dilatione ; et hoc nuUo modo omittatis :
Ad quod faciendum vobis et vestrum cuUibet coniunctim
et diuisim meam plenariam, liberam, et irreuocabhem
potestatem committo per presentes. In cuius rei testi
monium sigillum meum presentibus est appensum, apud
Edinburgh, quarto die mensis Nouembris, anno Domini
miUesimo quadringentesimo nonagesimo quinto.
Instrument of Sasine, in favour of John Maxwell of Nethh PoUok, of the
lands of Nethir Pollok, 6th November 1495.
73. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter quod anno Incarnationis Dominice miUesimo quadringentesimo nona
gesimo quinto, mensis uero Nouembris die sexto, indictione decimaquarta, pon
tificatusque sanctissimi in Christo patris et domini nostri, domini Alexandri
diuina prouidencia pape sexti, anno quarto : In mei notarii publici testiumque
subscriptorum presencia personahter constitutus honorabUis vir, Karolus Pollok
de eodem, videlicet, Vffir PoUok, baUiuus in hac parte magni et potentis domini,
Johannis Domini Maxwell, speciahter deputatus, quoddam preceptum saisine
sigiUo dicti Johannis Domini MaxveU sigiUatum, de et super terris de Nethir
PoUok in medium produxit ; cuius quidem precepti saisine tenor sequitur et est
tahs : Johannes Dominus MaxweU dUectis, etc. [No. 72, supra^] Et sic finit, etc.
Cuius quidem precepti vigore et auctoritate idem Karolus Pollok, baUiuus in
hac parte ut premittitur, personahter accessit ad messuagium manerh terrarum
de NethirpoUok, et ibidem saisinam, statum, et possessionem hereditariam
omnium et singularum terrarum de NethhpoUok cum pertinenths, iacentium
infra vicecomitatum de Eenfrew, Johanni Maxwel de NethirpoUok, per terrarum
et lapidum tradicionem ut in talibus fieri consuetum est, secundum tenorem
carte indentate sibi per prefatum Dominum MaxweU desuper confecte, tradidit
et deliberauit in feodo et hereditate imperpetuum : Super quibus omnibus et
singulis prefatus Johannes MaxveU a me notario publico subscripto sibi fieri

1495.] CHARTERS AND FAMILY PAPERS. 215
petiit vnum seu piura publicum seu publica instrumentum seu instrumenta.
Acta fuerunt hee apud messuagium manerii de NethirpoUok, sub anno, mense,
die, indictione et pontificatu suprascriptis ; presentibus ibidem honorabUibus et
prouidis vhis, Magistro Alexandro Stevarde, Domino Thoma Cocherane vicario
de ColmaneU, Jacobo HammUtoun, Jacobo Stevarde, Hugone MaxveU, Dauid
Brysoun, Johanne Bowe, et WUlelmo Clerk, cum multis aliis testibus ad pre
missa vocatis speciahter et rogatis.
Et ego Dauid Eede, presbyter Glasguensis diocesis, pubheus auctoritatibus
imperiali et regali notarius, quia premissis etc.
Grant by John Lord Maxwell to John Maxwell of Nethh PoUok of the
ward and relief of the lands of Nethh Pollok, 4th November 1495.
74. Be it kend tiU aU men be thh present letters, me Johnne Lord Maxwell, that
forsamekle as I haf infeft heretabilly, be charter and sessing, my belouitt
cousing, Johnne Maxwell of Nethir PoUoke, in aU and sindry the landis of
Nethir PoUoke, with thar pertinens, hand within the schirefdome of Eenfrew,
to be haldin of me and myne aieris in ward and releiff, and for vther serais
and deweteis contenit in my said charter maid to hyme tharupone, like as the
sammyn in the selff at plane proportis ; neueretheles and nochtwithstandin the
said infeftment, for singular luff and fauor that I haf and beris to the said
Johnne Maxwell, ande for his seruis done to me, I, for me and myne aieris,
frely quitclames and dischargis the said Johnne Maxwell, and his ane air
aUanerly next succedand to him efth his disces, of the ward and releiff of the
said landis of Nethir Pollok, with the pertinens, endorand aU the dais of his
liff, and his ane air next succedand to him quhatsumeuer, be thir my present
letters, but cauUlatioun, fraud, or gUe, ande na remeid of law to be proponit
nor aUegit in the contrar. In witnes of the quhilk thing to thir present letters
my sele is to hungin, at Edinburgh, the ferd day of the moneth of Nouembere,
¦ the zer of God a thousand four hundreith nynty and fyve zeris ; befor thir
witnes, that ar to say, Eobert Charteris of Amisfeld, Edward MaxweU of Tyn-
wald, Alane Stewart of Montgrenan, Charles PoUok of that like, Nichol
M'Braar, alderman of Drumfrece, Johnne MaxweU, sone and apperand air to
the lard of Akinhed, and Johnne Charteris, with otheris diuers.

216 CHARTERS AND FAMILY PAPERS. [1495.
Instrument on the dehvery by John Lord Maxwell of a grant by him to
John Maxwell of Nethir PoUok, and his next heir, of the ward and
relief of the lands of Nethir PoUok, 3d November 1495.
75. In Dei Nomine, Amen. Per hoc presens pubhcum instrumentum cunctis pateat
euidenter quod anno ab Incarnacione Domini miUesimo quadringentesimo
nonagesimo quinto, mensis vero Nouembris die tercia, indictione decimaquarta,
pontificatus sanctissimi in Christo patris et domini nostri, domini Alexandri
diuina prouidencia pape sexti anno quarto : In nostrum notariorum pubhcorum
et testium subscriptomm presencia personahter constitutus nobilis et potens do
minus, Johannes Dominus MaxweU, ex sua certa scientia et spontanea voluntate,
vt asseruit, habensque in manibus suis quandam literam in pergameno scriptam
et sub eius sigUlo sigUlatam, quamquidem literam manibus suis proprhs hono-
rabhi viro Johanni MaxweU de Nethh PoUoke tradidit et dehberauit ; cuius
litere tenor sequitur in hhs verbis : Be it kend tiU aU men be thir present
letteres, me Johnne Lord Maxwell, that forsamekle as I haf infeft heretabUly
be charter and sessing my belouitt cousing, Johnne MaxweU of Nethh PoUoke,
in aU and sindri the landis of Nethh PoUok with thar pertinens, hand within
the schirefdome of Eenfrew, to be haldin of me and myn aieris in ward and
releiff, ande for vther seruis and deweteis contenit in my said charter maid to
him tharupone, like as the sanrmyn in the selff at plane proportis ; neuere the
les and nochtwithstanding the said infeftment, for singuler luf and fauor that
I haf and beris to the said Johnne Maxwell, and for his seruis done to me, I,
for me and myne aieris, frely quitclames and dischargis the said Johnne Max
weU and his ane ah aUanerly next succedand to him efth his disces, of the
ward and releiff of the saide landis of Nethir PoUoke with thar pertinens,
endorand aU the dais of his liff", and his ane ah next succedand to hyme
quhatsumeuer, be thir my present letters. In witnes of the quhilk thing to
thh present letters my sele is to hungin, at Edinburgh, the ferd day of the
moneth of Nouember, the zere of God a thousande four hundreith nyntj and
fyve zeris ; befor thir witnes, that ar to say, Eobert Charteris of Amisfeld, Ed
ward MaxweU of Tynwald, Alane Stewart of Montgrenan, Charlis of Polloke of
that like, NichoU M'Braar, alderman of Drumfrece, Johnne MaxweU, sone and
apperande ah to the lard of Akinhed, and Johnne Charteris, with otheris

1495.] charters and family PAPERS. 217
diuers. Super deliberatione supradicte litere prefatus Johannes Dominus Max
weU a nobis notarhs publicis subscriptis sibi fieri petht vnum vel piura publi
cum seu pubhca instrumentum et instrumenta. Acta erant hee infra burgum
de Edinburgh, in hospicio dicti Domini MaxweU, hora quasi sexta post merediem
vel eochca, sub anno, mense, die, indictione et pontificatu quibus supra ; pre
sentibus ibidem honorabUibus viris, videlicet, Eoberto Charteris de Amysfeld,
Edwardo MaxweU de Tynwald, Alano Stewart de Montgrenan, Karulo PoUoke
de eodem, Nicholayo M'Braar, preposito de Drumfrece, Johanne MaxweU, fiho
et apparente herede WUlelmi Maxwell de Akinhed, Johanne Charteris, Eoberto
MaxweU, fratre dicti Johannis Domini MaxweU, et Edwardo Maxwell, nepote
et apparente herede dicti Edwardi MaxweU de Tynwald, testibus ad premissa
vocatis speciahter et rogatis.
Et ego Jacobus Zowng, clericus, Sanctiandree diocesis, pubheus auctoritati-
bus imperiah et regah notarius, quia premissis etc.
Et ego Johannes Thi, Sanctiandree diocesis clericus, pubheus sacris apos
tolica imperiah et regah autoritatibus notarius, quia etc.
Deed of Consent by Mathew Earl of Leuenax to the alienation of the
lands of HUfeylde, by John of Quhytfurde of the Hylfeylde, in favour
of Alan of Park of the Bagaraw, 9 th November 1495.
76. Be it kende tiU aU men be thir present letters, ws, Mathev Stevarde Erie of
Leuenax and Lorde Dernle, to be content and to have grantyt and gyffyn our
consent and assent to a discret man, Johne of Quhytfurde of the Hylfeylde, tyU
analy, seU, and away put the landis of the HUfeylde wyth thah pertinentis,
lyande wythin the barony of Eenfrev and the lordchipe of Dernle, tiU ane
honorable man, Alane of Park of the Bagaraw, his ayris, executouris, or assig-
naez, ane or ma ; and quhatsumeuer the sade Johne, or the sade AUane, doys,
or ledis to be donn, in the sade seUyng and alienatioun of the sade landis of
the HUfelde wyth thair pertinens, our wUl is that it be na preiudice to thaim
at our hande or our ayeris, the sade Johne and his ayris payande to ws and
our ayeris devyteys and do seruis acht and wovnt. In wytnes of the quhilk
thyng, we the sade Mathew as hungyn to our seyU till thh our present letters,
VOL. I. 2 E

218 CHARTERS AND FAMILY PAPERS. [1495-97.
at Glasgw, the ix day of the moneth of Nouembre, the zher of God j? cccc0
nynte and fyve zheris ; befor thh wytnes, Master Alexander Stevarde, our
brothir-germane, WUlzam Logane, Jamez of Hammyltoun, and Johne Stevarde,
wyth otheris diuers.
Service of Eobert Maxuele, as heir of the late Gavin Maxuele of Cal
deruod, knight, his father, in the lands of Cragtoune and Thombowe,
16th January 1497.
77. Hee inquisitio facta apud Dunbertane, decimo sexto die mensis Januarh, anno
Domini mUlesimo quadringentesimo nonagesimo septimo, coram Valtero Logane
de Gartconnele vicecomite deputato de Dunbertane, per hos subscriptos, vide
licet, Eobertum Dannestone de Culgran, Johannem Lindesay de Bunnule,
Johannem Simple de Fouluod, Johannem LUI de Arddardane, Andream M°Fer-
lan de Arochare, Johannem Culquhoune de Camstrodane, Nicholaum Buntyne
de Ardach, Eobertum Maxuel de Stanle, Patricium .Galbraith, Patricium Dow
glas, Bertolomeum Mungumre, Eobertum PorterfeUde, WUlelmum Schaw, WU-
lelmum Gartschore, et Thomam Dowglas. Qui iurati dicunt quod quondam
Gawinus Maxuele de Calderuod, mUes, pater Eoberti Maxuele latoris presencium,
obht vltimo vestitus et sasitus ut de feodo ad pacem et fidem domini nostri
regis de terris de Cragtoune et Thombowe cum pertinenchs, iacentibus infra
comitatum de Leuenax et vicecomitatum de Dunbertane ; et quod dictus Eo
bertus est legittimus et propinquior heres eiusdem quondam Gawini patris sui
de predictis terris cum pertinenchs ; et quod est legittime etatis ; et quod
dicte tene valent nunc per annum xx" marcis, et tempore pacis valuerunt x
libris ; et quod dicte terre tenentur in capite de Domino Matheo Steward
Comite de Leuenax per seruitium warde et reliuii et dimedietatem vnius
sectoris communis in curiis dicti domini comitis ; et quod dicte terre sunt in
manibus dicti domini comitis tanquam domini superioris earundem per spatium
sex annorum et vh mensium, per mortem dicti quondam Gawini in defectu
heredis ius suum hucusque non prosequentis. In cuius rei testimonium sigU
lum dicti vicecomitis deputati, vnacum sigiUis quorundam qui dicte inquisi-
tioni intererant fiende presentibus, anno, die, mense et loco supradictis sunt
appensa.

1499-1500.] CHARTERS AND FAMILY PAPERS. 219
Precept by Mathew Earl of Leuenax for infefting John Quhytfurd,
second son of John Quhytfurd of that Ilk, and Egidia Park, his spouse,
in the lands of HUfeld, 20th October 1499.
78. Matheus Comes de Leuenax, Dominus Dernle et de HUfeld, dilectis meis
Johanni EsdaiU, Gilberto Lydgait et Matheo Stewart, baUiuis meis in hac parte
coniunctim et diuisim speciahter constitutis, salutem : Quia dedi et concessi
hereditarie dUectis meis Johanni Quhytfurd, secundo filio Johannis Quhytfurd
de eodem, et Egidie Park sue sponse, omnes et singulas tenas meas de HUfeld,
iacentes in dominio meo de Dernle et infra vicecomitatum de Eenfrew, prout
in carta mea ehsdem desuper confecta plenius continetur ; vobis igitur, et ves
trum cuUibet coniunctim et diuisim, precipio et firmiter mando, quatenus visis
presentibus, statum et saisinam hereditariam omnium et singularum dictarum
terrarum de HUfeld dictis Johanni et Egidie sue sponse et eorum alteri diutius
viuenti, vel suis certis actornatis latoribus presentium, per traditionem terre et
lapidis ut moris est, conferatis seu alter vestrum conferat indUate, saluo iure
cuiuslibet. Ad quod faciendum vobis et vestrum cuUibet coniunctim et diui
sim meam plenariam et hreuocabUem tenore presentium committo potestatem
In cuius rei testimonium sigiUum meum presentibus appendi feci, apud locum
meum de Dernle, xx die mensis Oetobris, anno Domini miUesimo quadringen-
tisimo nonogesimo nono ; coram hhs testibus, videlicet, Johanne Steward fratre
domini comitis, Johanne Paryss, Johanne Knokis, et domino VUlelmo Blar,
notario pubhco.
Letters of Eemission by King James rv. to John Maxwell, son and heir-
apparent of John MaxweU of PoUok, Hugh MaxweU, brother-german of
the Lahd of PoUok, and another, 21st January 1500.
79. Jacobus Dei Gracia Eex Scotorum, omnibus probis hominibus suis ad quos pre
sentes litere peruenerint, salutem : Sciatis quod remisimus Johanni Maxwell
fiho et heredi apparenti Johannis MaxweU de NethirpoUok, Johanni Maxwell
seruitori dicti Johannis, et Hugoni MaxweU fratri germano Domini de PoUok,
latoribus presentium, rancorem animi nostri, sectam regiam, et omnem actionem
que et quas erga ipsos seu eorum aliquem concepimus, habemus, seu habere

220 CHARTERS AND FAMILY PAPERS. [1500-3.
poterimus, pro precogitatis felonhs factis Johanni ConstabUe et Hectori Mure
fiho Domini de CaldweU, infra vUlam de Eenfrew, et pro omnibus alhs crimini-
bus, actionibus et offensis per dictas personas seu earum aUquam super Domi
num de CaldweU et suos seruitores retroactis temporibus, vsque in diem date
presentium, commissis seu quomodohbet perpetratis, et pro omni actione que
eisdem personis seu earum ahcui racione omnium premissorum imputari poterit,
tantum dummodo partibus conquerentibus et dampna passis taliter satisfaciant
quod nuUam super hoc de cetera iustam querimoniam audiamus ; et supradictas
personas sub firma pace et protectione nostra iuste suscipiendas firmiter inhibe-
mus, ne quis eis aut eorum alicui occasione transgressionum predictarum malum,
molestiam, iniuriam, seu grauamen ahquod inferre presumat iniuste, super nos
tram plenariam forisfacturam, aut mortem eis aut earum alicui inferat sub pena
amissionis vite et membrorum. In cuius rei testimonium has htteras nostras
remissionis pro toto tempore vite dictarum personarum duraturas sub magno
sigiUo nostro sibi fieri fecimus patentes, apud Eenfrew, vicesimo primo die
mensis Januarii, anno Domini miUesimo quingentesimo, et regni nostri decimo
tertio. Eemissio pro Johanne MaxweU et duabus ahis personis.
Confirmation by King James iv. of a wadset, by John Maxwell of PoUok
to John Lord Simpill, of the west half of the lands of Henristoune,
3d August 1503.
80. James be the grace of God king of Scottis, to aU and sindri oure officiaris,
liegis, and subditis quham it effehis quhais knawlage thir oure letterz salcum,
grating : Wit ze that forsamekiU as oure louet Johnne MaxweU of Nethhpollok
has analyt be charth and sesing to oure cousing Johnne Lorde Simpill of
Elzetstoune and his aeris aU and hale the west half of the lanndis of Henris
toune with the pertinentis, extending to five pundis of aid extent, hand in
baronny of Eenfrew, within the schirefdome of the sammyn, to be haldin of
ws heretabli, vppoun the quhilk lanndis the said Johne of Maxwell has ane
reuersioune of the said Johnne Lord SimpiU apoun a certane soumme of money,
as the sammyn proportis ; we neuertheless grantis and promittis be thir oure
letterz, for ws and our successouris, to the said Johnne of MaxweU, his aeris and

1503.] CHARTERS AND FAMILY PAPERS. 221
assignais, that quhat tyme the said reuersioune beis fulfilht and completit in
aU poyntis efth the tennore thareof, that the said Johnne of MaxweU, his aeris
and assignais sal haif fuU regress in and to the said west half of the lanndis of
Henristoune, with the pertinentis ; and ratifyis and appruvis him and thame
tennandis to ws of the sammyn in that tyme, als fre in all maner of thingis as
the said Johnne of MaxweU was before the making of the said alienatioun.
Gevin vnder our priue sele, at Edinburgh, the thrid day of August, the zer of
God i™ v? and thre zeris, and of oure regne the sextene zere.

Obligation by John Lord Simpill to John Maxwell of PoUok to defer
uplifting an annualrent from Nether PoUok, in warrandice of Wester
Henderstoun, 5th August 1503.
*1. Be it kend tiU aU men be thir present letterz, me, Johnne Lord SimpUl, to be
bundin and oblist, and be thir present letterz and the faith and treuth in my
body, lelely and treuly bindis and obhssis me to ane honorabiU man, Johnne
Maxwell of Nethir Pollok, that forsamekiU as the said Johnne has gevin to me
heretably, be chartir and sesing, ane annuehent of five chaldir and aucht bollis
of vittale, sufficient merchandice, market gud and market met, that is to say,
ane chaldir of beh and four chaldir and aucht bollis of meU zerely, to be tane,
rasit, and deliuerit at the feist of Sanct Martin in winter, of aU and sindry his
landis of the tovne of Nethir Pollok with thare pertinentis, hand in the barony
of Eanfrew and the schirefedome of the samyn, in speciale warrandice of aU
and sindry the landis of Henderstoune Westh with thare pertinentis, hand in
the barony and schirefedome foresaidis, analyt to me be the said Johnne
Maxwell, hke as at mare lenth is contenit in the charteris and euidentis maid
and gevin to me tharapone ; neuertheless, I bind and obliss me faithfuUy, as
said is, myne ahis and assignais, that I nor thai, nor zit nane vtheris in oure
names, saU tak vp nor ask the said annuehent of five chaldir and aucht boUis
of vittale, bere and mele, of the said landis and tovne of Nethir PoUok, nor na

222 CHARTERS AND FAMILY PAPERS. [1503.
part tharof, in na tyme to cum : bot gif sa be that the fohsaid landis of
Henderstoune Wester with thar pertinentis be recouerit and optenit fra me,
myne ahis and assignais, be the law, or ellis that I or thai bee swa vext,
inquiet, and distrublit in the said landis of Henderstoun Westh with thare
pertinentis, that I nor thai may nocht peceably brouk and jois the samyn efth
the tennour, forme, and effect of the charth and infeftment maid be the said
Johnne Maxwell to me tharapone ; and in thh fohsaid casis, gif it saU happin,
as God forbeid it do, than it salbe leuefuU to me, the said Johnne Lord SimpiU,
myne airis and assignais, to vplift, tak, ressaue, and peceably to brouk and
jois aU and hail the foirsaid annuehent of five chaldh and aucht bollis of
vittalis, beh, and mele aboue expremit, of the foresaid landis and tovne of
Nethh Pollok with thar pertinentis, ay and quhiU the said Johnne MaxweU,
his ahis or assignais, mak to me, myne airis or assignais, the forsaid hail landis
of Henderstoun Westh, with thar pertinentis, fre, as the law wiU, of all clame
and pley, as is abouewritten : And gif it saU happin the said landis of Hendir-
stoune Westh with the pertinens, or ony part therof, to be recouerit or
optenit be the law fra me, myne ahis or assignais, or zit gif it saU happin me
or thame, my tennandis, factouris, or seruituris, to be vext, inquiet, stoppit, or
distrublit in the peceabhl brouking and joising of the saidis landis, with thar
pertinens, than saU I, myne ahis or assignais, warne the said Johnne MaxweU,
his airis or assignais, tharof, and require him or thame to warrand, acquiet, and
defend to me, myne airis and assignais, the forsaid landis of Henderstoune
Westh, with thar pertinens, efth the forme of the said charth of infeftment,
maid to me tharapone, or euh I, myne airis or assignais, or ony vtheris, in
myne or thar names, mak persute or clame to the said annuehent of five
chalderis and aucht bollis of vittalis, bere, and mele, gevin to me of the said
landis and tovne of Nethh PoUok, in wanandice of the saidis landis of Hender
stoun Westh with thar pertinentis, notwithstanding the said Johnne Maxwelis
charth and sesing maid and gevin to me therapone, aU cauUlatione, fraud, and
gUe away put and excludit : To the observing, keping, and fulfilling of the
premissis, and euery poynt and part therof lelely and treuly to be obseruit,
kepit, and fulfiUit in forme and effect fohsaid, as said is, I bind and obhss me,
myne airis, executouris, and assignais, myne and tharis landis, rentis, posses-
sionis, and gudis moveabiU and vnmoveable, present and for to cum, on quhat-

1503-4.] CHARTERS AND FAMILY PAPERS. 223
sumeuir steid thai may be fundin, to the said Johnne MaxweU, his airis and
assignais, in the maist sikker forme and straitast stile of obligatioune that can
be maid or diuisit, and na remeid of law, canone nor ciuhe, to be proponit nor
aUegit in the contrare : In witnes of the quhilk thing to thir present letterz
my sele is to hunging, at Edinburgh, the fift day of August, the zeir of God
a thousand five hundreth and thre zeris, befor thir witnes, Maister WiUiam
Levenax of Caly, Dauid Balfour of Carrestoune, Maister WUham Spreul, vicar
of Kilbrachane, Schir James Knox chaplanis, Alane SimpyU, Johnne Gray,
Thomas Inglis and James Zong, pubhc notaris, with vtheris diuers.
Letter of Eeversion by John Stewarde of Argowen to John Maxwell of
Nethh Pollok, 18th May 1504.
'2. Be it kende tUl aU men be thh present letters, me, Johnne Stewarde of Ar
gowen, to be strathe bundyn and oblisit, and be the fatht ande treuth in my
body, ande the tenor off thir presentis, byndis ande stratlie oblisis me, myne
ayeris ande assignais, that thoch ane honorabiU man, Jhonne MaxweU off Nethir
Pollok, gayff, grantit, ande be his heretabiU charter confermyt to me, myne
ayeris and assignais, twenty schUlyng worth off his landis off aide extent, callit
the Park off Nethir Pollok, the quhUk inhabitis Jhonne of HaU and Eobart
Barde, lyande wythin the barony off Eenfreu ande schirefdome off the sammyn ;
I will neuer the les, ande als I grant ande oblis me, myne ayeris and assignais,
lelely ande treuly, be the fatht ande treuth in my body, to wp geyff, purly and
sympiUy to resyng, ande frely fra me, myne ayeris ande assignais, to deliuer to
the saide Jhonne MaxweU, his ayeris ande assignais, aU and haUl the forsaid
tuenty schUlyng worth off landis off the Park of Nethh PoUok wyth thar
pertinentis, to giddyr wyth stat, sasing, charter, and euidentis maid and cle-
liuerit to me, myne ayris ande assignais her apone be the said Jhonne MaxweU,
his ayeris and assignais, ande to dehuer als sone and quhatsumeuer tym the
saide Jhonne MaxweU, his ayeris or assignais, apone a day betuex the rysing off
the sone ande passing to off the samyn day, and deliuer to me, myne ayris or
assignais, on the paroch alter off the Kyrk off Paslay, haUl and to gidder, the
sowme off four skor off markis in nomerit sUuer ande glode off gud and wsuaU
mone off Scotland, bot fraud or gyUl, sua that efth the receptioun off the said

224 CHARTERS AND FAMILY PAPERS. [1504.
sowme off foir skor off markis, that nodh I the saide Jhonne Stewarde, myne
ayeris or assignais, hayff ony clame, rych, possessioun, properte in nor to the
said landis off the Park off PoUok wyth the pertinentis, but allwtterly we be
excludit tharfra the samyn landis wyth thar pertinentis, ande thame to be
denudit for euir be thir presentis, sua that I the said Jhonne Stewarde, myne
ayris or assignais, be lachfuUy warnit be the said Jhonne MaxweU, his ayris
or assignais, to the receptioun and resset off the samyn sowme of four skor- off
markis on fourty days warnyng, at my place off habitatioun, or at my paroch
kyrk, or personalie befor a notar and witnes, I the said Jhonne Stewarde, my
ayeris or assignais, saU nocht wUfuUy absent ws fra the receptioun and ressat
off the said sowme ; ande herto I obhs me, myne ayeris and assignais, be the
fatht and threuth in my body, excep the said Jhonne MaxweU saU hayff na
power to loys the saide landis quhiU a zer begane efth the dait off thh pre
sentis ; ande it happenis me the said Jhonne Stewarde, myne ayeris or assig
nais, as God forbed, thus lachfuUie warnit, to absent ws fraudfuUy fra the
receptioun off the said sowme off four skor off markis, it sail gener na pregidice
to the forsaid Jhonne MaxweU, his ayris nor assignais, bot lay downe the said
sowme on the said alter in the kyrk off Paslay, and nomer the forsaid sowme
befor witnes, ande leiff it thar wntan away, wyth the curat off the forsaid kyrk
for the tym, ande ay fra thin furth the said Johnne MaxweU tUl hayff fre
regress, he, his ayris and assignais, in and to the said landis off the Park of
Neder PoUok wyth thar pertinentis, wyth outyn ony clame, rych, or gancalling
off me, the said Johnne Steward, my ayeris or assignais, be ony maner off way
in tym to cum ; and to the obseruing and keppyn off aU and syndry thh
thingis abown writthyng, I the said Johnne Steward, for me, myne ayris
and assignais, obhs me in the stratast forme and stiU of obhgatioun, aU fraud
and gUl excludit and away put, for euir. In witnes of the quhilk thying I
the said Johnne Stewarde to thh my present letters of reuersioun as hung my
seU to this present writ, at the BlakhaU, the awchten day off May, the zer of
God a thousand fyf hundreth and four zeris, befor thh witnes, Master Eobart
MaxweU, son to the said Jhonne MaxweU, James Steward, Eobart Brakenrig,
Eobart Garnar, wyth wdyrs diuers.

1504.] CHARTERS AND FAMILY PAPERS. 225
Tack by Eobert [Blackadder], Archbishop of Glasgow, to Sir John Max
well of PoUok, of the four merk land of Govane Schelis, for five years,
28th August 1504.
'3. Ve, Eobert be the mercy of Gode Archbischope of Glasgove, be the tenour of this
present writt settis ande to mayle lattis to ane honorable mane and oure fami
liar seruitour, Johne of Maxvel of Nether PoUok, aU and haUe four merkis
wortht of our landis of Govane Schelis, wytht the pertinentis, lyand in to our
barony of Glasgev, quhUkys the said Johne hade and hais in tack and maling
of ws and oure kirk of Glasgeve of befor, for all and sindry the dais and termes
of fyve zeris fra the Vitsounday furtht next efter follovand the dait of the
makin of thh presens ; the quhilk feist of Vitsounday salbe the said Johne of
Maxvel of Nethir Pollokis entre in and to the tak and sett of the fohsaidis four
merkis wortht of land of Govane Schehs wytht the pertinentis : To be haldin
and to be had aU and haUe the forsaidis four markis wortht of land wytht the
pertinentis to the said Johne of Maxvel, indurand the al and sindry the dayis
and termes fohsaidis ; payand thairfor zeirly the said Johne of Maxvel to ws
and our successouris, and to our kirk of Glasgewe, siclik malis, devteis, and dev
seruice as the said Johne hais pait to ws for the samyn in times bigane, and
efter the vse and consuetude of payment of sichk four markis wortht of land
wythin our said barony of Glasgev, zehly, at twa vsuale termes in the zere,
Vitsounday and Mertinmes in winter, be evinly porcionis alanerly : Ande we
forsutht, the said Eobert Archbishop of Glasgev, and our successouris, sal
warrand the tak and sett of aU and haUe the fohsaidis four markis wortht of
land of Govane Shelis, wytht the pertinentis, to the said Johne of Maxvel of
Nether PoUok, indurand al and sindry the dais and termes of fyve zeris aboun
writtin peciably, but fraud or gUe. In witnes of the quhUk thing to thh pre
sens subscriuit wyth our hand we haue affexit our seUe, at the burght of
Drumfres, the xxviij day of the monetht of August, in the zere of God ane
thovsand five hundretht and four zeris.
VOL. I. 2 F

226 CHARTERS AND FAMILY PAPERS. [1506.
Gift by Mathew second Earl of Levenax to Mr. David Hammyltoun,
parson of CastUstaris, of the ward and nonentry of the lands of Brownsyd,
17th February 1506.
84. Be it kend till men be thir present letters, ws, Matho Errl of Levenax, lord
Dernlee, to haf sauld, and be the tenour of thh presentis, seU for a sowm of
monie thankfuUy pait to ws in our myster, to our weU beluffit frend, master
Dauid Hammyltoun, persoun of CastUstaris, and to his assignais, ane or maa,
the ward of aU and haiU the landis of Brownsyd with the pertinence, of auld
extent, lyand in the barony of Avandale, and within the schhefdom of Lanerk,
pertenyng tiU ws, and being in our handis be resoun of ward as superior thair
of, throu the deces of vmquhiU Hew CampbeU of Bronesyd, our tennent thairof,
and haldin of ws be seruice of ward and relefe, for aU the tym of the ward
thahof, and ay and quhiU the richtwis ah or ahis enter thairto and recouer
lauchful stait and sesing of the samyn ; to gydder with the mariage of James
CampbeU, the son and ah of the said vmquhiU Hew, and failzeing of him be
deces and vnmareit, [the mariage] of that ah or airis, male or female sal happin
to succed to the saidis landis : To be haldyn and to be had the warde of the
saidis landis, with the pertinence of the sammyn, to the said Master Dauid and
his assigneis, ane or ma, for al the tym of the ward thairof, and ay and
quhiU the rychtwis ah or ahis enter to the sammyn, as said is, togydder with
the said mariage ; with power to the said master David, and assignais forsaidis,
to set the saidis landis to tennentis, and tak wp and dispoun the malis, pro-
phetis, and dewiteis of the sammyn to thar vse zerly and termly, in tym to
cum, during al the tym of the said ward, or to occupy the sammyn with thar
awn gudis as thai sal think expedient ; and als to dispoun vppoun the said
mariage to quhat persounis that the said master Dauid pies, frelie, quiethe,
without ony reuocacioun or gain caUing ; the said master Dauid payand to ws
thahfor, that is to say, for the said ward, the sowm of fourscor of merkis, and
for the said mariag, the sowm of sexscor of merkis, to be pait to ws betuex
the date herof and the fest of Advincula Sancti Petri, callit Lammes, next to
cum : And attour, we bind and obhss ws, be the faith and treuth in our body
and the tennour of thh presentis, our ahis and successouris, to warand the
saidis ward and mariage to the said master Dauid, his airis and assignais, as

1506.] CHARTERS AND FAMILY PAPERS. 227
law requhis : And gif the said mariage be recouerit fra the said master [Dauid]
be the Lord Flemmyn, or ony otheris, be the law, we bynd and obhss ws to
refwnd and pay to the said master Dauid, or his assignais, the said sexscor of
merkis quhilk he gaf to ws for the said mariage, within twenty dais efter the
said mariage be recouerit : In witnes of the quhilk thing we haff affixt our
seU to thir our letters, togydder with our subscriptioun manuale, [at] Edin
burgh!, the xvh day of Februar, the zer of God athousand fyf hundretht and
sex [zeris, befor] thir witnes, a reuerand fader in God, Dauid Bischop of ErgiU,
Master Colqwhoun [ ], and Schir James Dewar, chaplan, v/ith
otheris dyuers.

/Wuty^ >im cfk-^Y

b

Eatification by King James iv., under the Great Seal, 4th March 1506, of
a Decree by the Lords of CouncU in favour of John Lord Maxwell, for
loosing the recognition of the lands of Mernes and Nethir PoUok, 11th
December 1506.
!5. Jacobus Dei gratia Eex Scotorum, omnibus probis hominibus suis ad quos
presentes htere peruenerint, salutem. Sciatis nos quoddam actum siue decre
tum per dominos nostri conshh inferius discriptos datum et promulgatum
vtique inteUexisse, sub hac forma. At Edinburgh, the xi day of December, the
zeir of God im vu and sex zeris, the Lordis of Counsale vnderwrittin, that is
to say, reuerend faderis in God, WiUiam Byschop of Abirdene, Johnne
Bischop of Eos, Dauid Bischop of ErgUe, nobUe and mychty lordis, Archibald
Erie of ErgUe, Matho Erie of Levenax, venerabUe faderis in God, James
Abbot of Dunfermling, thesaurar tiU our Soverane Lord, Niniane Priour of
Coldinghame, and Eobert ColuUe of the HUtoune, counsalis the Kingis Hienes
to let the landis of the Memes, with the pertinentis, hand within the schiref-
dome of Eenfrew, to borgh to Johnne Lord Maxwell, and to lous the recogni-
tioun made be his Grace thareapoun for the ahenatioun of the mare part therof,
becaus it is clehely vnderstandin to the sade Lordis the leste part thareof is bot

228 CHARTERS AND FAMILY PAPERS. [1506-9.
analiit'; and alsua consalis the Kingis Hienes to let the landis of Nethh Pol
lok to the sade Johnne Lord MaxweU to borgh, and to lous the recognitioun
maid thareapoun be his Grace for the alienatioun of the mare part tharof, becaus
thai haue sene sufficient charteris and evidentis berand the said landis of
NethirpoUok to be ane haldin be the self and ane confirmacioun thareapoun,
our Souerane Lord comperand be maistir James Hendersoun, his aduocate,
and the said Lord being personaly present. Extractum de libro actorum, per
me, magistrum Gawinum Dunbar Archidiaconum Sanctiandree, clericum rotu-
lorum registri ac conshii supremi domini nostri Eegis, sub meis signo et sub-
scripcione manuahbus. Quodquidem actum siue decretum ac omnia et singula
in eodem contenta, in omnibus et per omnia, approbamus, ratificamus, et per
presentes, vt premissum est, confirmamus. Datum sub testimonio magni
sigiUi nostri, apud Edinburgh, quarto die mensis March, anno Domini mU
lesimo quingentesimo sexto, et regni nostri decimo nono.
Discharge by John Lord Maxwell to Eobert Maxwell, Vicar of Erskyn,
and John Maxwell of Akynheyde, for 300 merks due by them for the
ward of Nether Pollok, 14th November 1509.
86. I, Johne Lord MaxweU, grantis me tiU haue rasauit the sovim of thre wnder-
heht merkis guid and vsueU mony of Scotland, be the handis of Maister Eobart
MaxweU, vicar of Erskyn, and Johne MaxweU of Akynheyde ; the quhilk sovim
of thre wnderhecht markis the said Maister Eobart and Johne war awand to
me for the landis of Nedder PoUok, pertenand to me be rasone of ward ; the
quhUkis landis the forsaidis Maister Eobart and Johne coft fra me for all the
terme and tym of the forsaid ward : Of the quhilk sovim of thre wnderhecht
merkis I grant me weyle content and payt, and dischargis the saidis Maister
Eobart and Johne, thar ahis, executouris, and assingnais, for me, my ahis, exe-
cutouris, and assingnais, of the forsaidis thre wnderhecht merkis, for now and
euermair : And to the witnes of this quhhtcleyme, and my letter of dischargis,
I haue affixit my seyle, with the subscripcioun of my hand, at Edinburgh, the
xihi clay of Nouembar, in the zer of God lm v° and ix zeris ; befor thir witnes,
Eobart Maxwell, my bruder, Schir Thomas MaxweU, chapeUane, James Char
teris, and James Hornonar, with vtheris diuers.

1512.] CHARTERS AND FAMILY PAPERS. 229
Charter of Confirmation by Mathew second Earl of Leuenax, Lord
Dernle, to John of Quhitfurd of HilfeUd, and Egidia Park his spouse,
of the lands of HilfeUd, 2 1 st July. 1512.
87. Omnibus hanc cartam visuris vel audituris, Matheus Comes de Leuenax et Do
minus Dernle, salutem in Domino sempiternam : Sciatis, post nostram nouam
infeodationem de toto et integro dominio de Dernle et terris eiusdem cum
tenentibus, tenendriis, hbere tenentium et seruichs earundem, per supremum
dominum nostrum Eegem sub suo magno sigUlo nobis factam, nos dedisse,
concessisse, et hac presenti carta nostra confirmasse, necnon dare, concedere, et
hac presenti carta nostra confirmare dhecto nostro Johanni de Quhitfurd de
HUfeUd et Egidie Park sponse sue, et eorum alteri diutius viuenti in coniuncta-
infeodacione, omnes et singulas predictas terras de HUfeUd cum pertinenths,
iacentes in dominio nostro de Dernle, infra vicecomitatum de Eanfrew ; que
quidem terre cum suis pertinenths prius fuerant dicti Johannis de Quhitfurd
hereditarie, et per ipsum de nobis vt vna tenendria dicti dominh de Dernle
ante dictam nostram infeodacionem. in eisdem in capite tente ; et in corobora-
tionem, fortificationem et amplificationem iuris sui earundem, nos, motu pro-
prio, libera voluntate, absque dolo vel circumuentione, et iure in contrarium
quocunque non obstante, damus, concedimus, ac pro nobis et successoribus
nostris, pro perpetuo confirmamus dictis Johanni de Quhitfurd et Egidie Park
sponse sue, et heredibus suis hereditarie, totum ius, interesse, clameum et iuris
titulum tam petitorium quam possessorium, que et quern nos, predicessores vel
successores nostri, habuerunt, habemus, seu quouismodo habere poterimus vel
poterint, in vel ad supradictas tenas cum pertinenths, rationibus recognitionis,
ahenationis maioris partis earundem, forisfacture, eschaete, resignationis, non
introitus heredum, seu quocunque aho titulo, occasione vel causa quarumcunque
quahtercunque factis seu in futurum fiendis, cum supplemento omnium defec-
tuum, habentes ipsos non expressos tanquam pro expressis ; ac renunciamus,
quitteclamamus, exoneramus, et sursum reddimus dictis Johanni et Egidie
sponse sue ac heredibus suis eodem, ius, clameum, interesse, iuris titulum, ac
omnem actionem, ius, et placitum que nos vel successores nostri super dictis
terris seu ahqua parte earundem mouere poterimus seu poterint quoquomodo

230 CHARTERS AND FAMILY PAPERS. [l 5 1 2 .
infuturum, sine ahqua reuocatione seu contradictione quacunque : Tenendas et
habendas omnes et singulas predictas terras de HUfeUd cum pertinenths dictis
Johanni de Quhitfurd et Egidie Park sponse sue, et eorum alteri diutius viuenti,
et heredibus inter ipsos legittime procreatis seu procreandis ; quibus forte de
ficientibus, heredibus dicti Johannis de Quhitfurd quibuscunque, de nobis et
heredibus nostris in feodo et hereditate imperpetuum ; per omnes rectas metas
suas antiquas et diuisas, prout iacent in longitudine et latitudine, in domibus,
 venationibus et piscationibus, cum curiis, curiarum exitibus, eschaetis
et amerciamentis, ac cum communi pastura et hbero introitu et exitu, ac cum
omnibus ahis et singulis libertatibus, commoditatibus, proficuis, et asiamentis ac
iustis suis pertinenths quibuscunque, tam non nominatis quam nominatis, tam
sub terra quam supra terram, procul et prope, ad predictas terras de HilfeUd
cum pertinenths spectantibus seu iuste spectare valentibus quomodolibet infu
turum, Ubere, quiete, plenarie, integre, honorifice, bene et in pace, sine aliquo
retinemento, reuocatione aut obstaculo aliquali : Eeddendo inde annuatim dicti
Johannes et Egidia eius sponsa, eorumque alter diutius viuens, et heredes sui
prescripti, nobis et heredibus nostris wardam et releuiam cum contigerint, et
tres sectas curie nostre de Dernle ad tria placita capitalia, tantum pro omni
alio onere, exactione seu demanda que de dictis terris exigi poterunt quomodo
hbet vel requhi : Et nos vero dictus Matheus, Comes de Leuenax et Dominus
Dernle, et heredes nostri, omnes et smgulas predictas terras de HUfeUd cum
pertinenciis dictis Johanni de Quhitfurd et Egidie Park sponse sue, et eorum
alteri diutius viuenti, et heredibus inter ipsos legitime procreatis seu procrean
dis, quibus forte deficientibus, heredibus dicti Johannis de Quhitfurd quibus
cunque, adeo hbere et quiete in omnibus et per omnia, vt supradictum est,
contra omnes mortales warrantizabimus, acquietabimus, et imperpetuum defen
demus. In cuius rei testimonium sigiUum nostrum huic presenti carte nostre
est appensum, vna cum subscriptione nostra manuah, apud coUegium nostrum
de Dunbertane, vicesimo primo die mensis Julii, anno Domini mUlesimo quin-
gentesimo duodecimo ; coram hhs testibus, Johanne ArdincapiU, Macolmo Max
weU, WUehno Logane, Johanne Pares, Andrea Stewart, Patricio Danzelstoune,
et Domino Eoberto Cochrane presbytero, cum diuersis aliis.
Mathew Erl of Leuenax.

1513.] CHARTERS AND FAMILY PAPERS. 231

Precept of Clare Constat by John Earl of Leuenax for infefting Hugh
Montgumry in the lands of Portartone and Dyconisbank, 28th October
1513.
Johannes Comes de Leuenax ac Dominus de Dernle, dUectis nostris Thome
Eelston, Thome Eoss, Johanni Craufurd, et eorum alteri coniunctim et diuisim
balliuis nostris in hac parte speciahter constitutis, salutem : Quia nobis per
autentica documenta clare constat et est notum quod quondam Johannes Mont
gumry de Heslat, miles, pater Hugonis Montgumry latoris presencium, obht
vltimo vestitus et sasitus vt de feodo, ad pacem et fidem supremi domini nostri
regis, de totis et integris terris de Portartone et DycOnis bank cum pertinenchs,
jacentibus in dominio nostro de Dernle infra vicecomitatum de Eenfrev ; Et
quod dictus Hugo est legittimus et propinquior heres eiusdem quondam Johannis,
patris sui, de predictis terris de Portartone et Dyconis bank cum pertmenchs ;
Et quod est legittime etatis ; Et quod predicte terre, de nobis tanquam domino
superiore earundem tenentur in capite, et huiusmodi tene in manibus nostris
tanquam in manibus domini superioris earundum nunc existunt et deuenerunt
ob causam mortis dicti quondam Johannis Montgumry, patris prefati Hugonis ;
vobis igitur, et vestrum cuUibet coniunctim et diuisim, precipimus et man
damus, quatenus visis presentibus, indUate sasinam, statum, et possessionem
hereditariam totalium et integrarum predictarum terrarum de Portartone et
Dyconis Bank cum pertinenchs prefato Hugoni Montgumry, tanquam legittimo
et propinquiori heredi dicti quondam Johannis patris sui, vel suo certo actor
nato latori presencium, secundum tenorem carte infeofamenti dictarum terrarum,
juste deliberetis et haberi faciatis sine dhatione ; et hoc nullo modo ommittatis :
Ad quod faciendum vobis et vestrum cuUibet coniunctim et diuisim nostram
plenariam, liberam, et legittimam potestatem committimus per presentes. In
cuius rei testimonium sigiUum meum presentibus est appensum, apud Crukis-
tone, xxviij0 die mensis Octobris, anno Domini miUesimo quingentesimo de
cimo tercio.
Jhon erl of Leuenax.

232 CHARTERS AND FAMILY PAPERS. [1513.
Instrument of Sasine in favour of Eobert Lord Maxwell, as heir of his
father, John Lord Maxwell, of the lands of NetherpoUok, 9th February
1513.
89. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter quod anno Incarnationis Dominice mUlesimo quingentesimo decimo
tercio, die vero mensis Febraarh nono, indictione tercia, pontificatusque sanctis
simi in Christo patris et domini, Leonis diuina prouidentia pape decimi, anno
primo : In mei notarii publici et testium subscriptorum presencia personahter
constitutus honorabhis vir, Johannes Maxwell de Stanle, vicecomes deputatus
in hac parte vicecomitis de Eenfrew, personahter accedens ad tenas de Nether
poUok, quoddam preceptum saisine supremi domini nostri regis pergameno scrip
tum, sigiUo vero ad hoc consueto more canceUarie regie alba cera inclusum,
michi notario publico infrascripto tradidit perlegendum, sub hac uerborum
forma : Jacobus Dei gracia Eex Scotorum, vicecomiti et baUiuis suis de Eenfrew,
salutem : Quia per inquisitionem de mandato nostro per Johannem Charteris
de Lochtoune, vicecomitem nostram de Eenfrew in hac parte, factam et ad
capeUam nostram retornatam, comperturn est quod quondam Johannes Dominus
MaxweU, pater Eoberti Maxwell, militis, latoris presentium, obht vltimo vestitus
et saisitus vt de feodo ad pacem et fidem nostram de terris de Mernys, cum
tenentibus, tenandrhs, et hbere tenencium seruichs earundem, cum suis per
tinenchs, saluis et exceptis vigintiquinque mercatis dictarum terrarum in
quibus reuerendissimus in Christo pater Jacobus Archiepiscopus Glasguensis
infeodatus est, et de terris de NetherpoUok cum suis pertinenciis, jacentibus
infra vicecomitatum nostrum de Eenfrew ; et quod dictus Eobertus est legitti
mus et propinquior heres eiusdem quondam Johannis, patris sui, de dictis terris
cum pertinenchs, exceptis prius exceptis; et quod est legittime etatis; et
quod dicte terre de Mernys de nobis tenentur in capite, et dicte terre de
NetherpoUok de nobis tanquam SenescaUo Scotie tenentur in capite ; vobis
precipimus et mandamus quatenus dicto Eoberto, vel suo certo actornato latori
presencium saisinam dictarum terrarum cum pertmenchs, exceptis prius exceptis,
juste haberi faciatis et sine dUatione, saluo jure cuiuslibet ; capiendo securitatem
de quadraginta libris de releuio dictarum terrarum de Mernys, et de octuaginta
hbris de releuio dictarum tenaram de NetherpoUok nobis debitis : Eeseruando

1513-15.] CHARTERS AND FAMILY PAPERS. 233
firmas predictarum terrarum de termino Sancti Mertini vltimo preterito dicto
Eoberto ; et hoc nullomodo omittatis : Teste meipso, apud Perth, xxv'? die
mensis Nouembris anno regni nostri primo : Post cuius quidem precepti lecturam
idem vicecomes deputatus, vigore preinserti precepti, statum et saisinam, necnon
realem, actualem, et corporalem possessionem omnium et singularum predictarum
terrarum de NetherpoUok cum pertinenciis, nobili ac potenti domino Eoberto
Domino de Maxwell et suis heredibus, secundum tenorem sue infeodationis,
per tene et lapidis traditionem, vt moris est, tradidit et donauit imperpetuum ;
saluo jure cuiushbet : Super quibus omnibus et singuhs petht prefatus Eobertus
Dominus MaxweU a me notario pubhco infrascripto hoc publicum sibi fieri
instrumentum. Acta erant hee super solum dictarum tenaram, hora quasi
decima ante meridiem uel eocirca, sub anno, die, mense, indictione et pontificatu
quibus supra ; presentibus ibidem honorabUibus et discretis viris, Jacobo Char
teris, Johanne KUpatrik, WUlelmo MaxweU, Fergusio Duncansone, et Eduardo
Duncansone, cum diuersis aliis testibus ad premissa vocatis speciahter et
rogatis. Et ego Johannes Eeid, artium magister, presbiter Glasguensis diocesis,
pubheus apostohca ac regali auctoritatibus notarius, quia etc.
Grant of Rental by James [Beaton], Archbishop of Glasgow, to Robert
Maxwell, Vicar of Terboltoun (afterwards Bishop of Orkney), of Guvane
Haggis and Schehs, 8th December 1515.
90. We, James be the mercy of God Archibischop of Glasgw, grantis ws thl haue
rentalit oure louit clerk, Maister Eobert MaxweU, persoun of Terboltoun,
channone of oure Kirk of Glasgw, in foure mark land of oure landis of Guvane
Haggis and Schelis, quhUkis landis the said Maister Eobert moder labouris
and manuris, the day of the makyn of this writ, be toUerance of ws ; the
quhUkis landis of Haggis and Schelis ar foure markis in the hale : The said
Maister Eobert to brake the said foure merk land eftir the decess of his moder,
he payand to ws, oure chaumerlanis, factouris, and successouris zerlie foure
markis of male, at tua vsuale termez in the zere, Witsonday and Marthnes in
wyntir, be evinlie porcionis ; and the dewiteis of oure mylne zerlie in Prettik,
quhilk in the zere extendis to thre bolhs thre ferlotis of malt, and zerlie sevin
vol. i. 2 G

234 CHARTERS AND FAMILY PAPERS. [1515-18.
bolhs and thre ferlotis of mele, for the multure of the said foure mark land ;
togidder with all vthir dewiteis, and do seruice aucht and wont: For the
quhUkis rentaling of the said Maister Eobert to brake the said foure merk land
efth the decess of his moder, as said is, quhUk has it of toUerance of ws, the
said Maister Eobert has payt ws in reddy money numerate the sowme of fifty
pundis vsuale mone of Scotland. In witnes herof to this writ, subscriuit with
oure hand, oure signete is affixit, at Edinburgh, the aucht day of December,
the zere of God ane thousande five hundreth and fiftene zeris, and of oure con-
secracioun the sevynt zere.
Eetour of Eobert Maxwell, as heir to Eobert Maxwell of Calderwod, his
father, in the lands of Jaktoun, AUertoun, Newlands, GrynhiUs, and Tatis
Thorntoun, 15th May 1518.
91. Inquisitione facta apud burgum de Eugleti, decimo quinto die mensis Man,
anno Domini mUlesimo quingentesimo decimo octauo, coram Edvardo Jhon-
istoun vicecomite deputato de Lanark, per hos probos et fideles subscriptos,
magno iuramento interueniente, videlicet, Alexandrum Stewarte de Castelmylk,
Johannem Lyndissay de Thornle, Valterum MaxweU de Akynhed, Valterum
Crawfwrd de Ferme, Eobertum Eoberttoun de Yrnnok, Jacobum Stewarte de
Twede, VUelmum HamUtoun de Caudor, Andream Lyndissay de Thorntoun,
Archebaldum Stewarte, VUelmum Murray de Edystonhed, Jacobum Vynzet de
Freland, Johannem SmaU de CrokatscheU, Jacobum Vycht alias Mochlyne,
Stephanum Pirie et Johannem Kar : Qui iurati dicunt quod Eobertus MaxweU
de Calderwod, pater Eoberti Maxwell, latoris presencium, obiit vltimo vestitus
et saisitus vt de feodo ad pacem et fidem domini nostri Eegis de terris de
Jaktoun, de AUertoun, de Newlandis, de GrynhyUis, et Tatis Thorntoun cum
pertinenths, iacentibus in baronia de Kylbryd, et infra vicecomitatum de La
nark; et quod dictus Eobertus est legittimus et propinquior heres eiusdem
quondam Eoberti, patris sui, de dictis terris de Jaktoun, de AUertoun, de New-

1518.] CHARTERS AND FAMILY PAPERS. 235
landis, de GrynhyUis, et de Tatis Thorntoun cum pertinenths ; et quod est
legittime etatis ; et quod dicte terre de Jaktoun, de AUertoun, de Newlandis,
de GrynhyUis, et de Tatis Thorntoun cum pertinenths valent nunc per annum
quinquaginta mercis, et antiquo extentu trigenta quinque mercis, et tantum
valent tempore pacis ; et dicte terre de Jaktoun, de AUertoun, de Newlandis,
de GrynhyUis, et de Tatis Thorntoun, cum pertinenths, tenentur de domino
nostro Eege in capite, tanquam senescaUo Scosie, per seruicium varde et releuii,
reddendo communem sectam ad curiam vicecomitis de Lanark : Et dicte terre
de Jaktoun, de AUertoun, de Newlandis, de GrynhyUis, et de Tatis Thorntoun
cum pertinenths nunc sunt in manibus domini Eegis per mortem dicti quon
dam Eoberti Maxwell de Calderwod, ratione varde, per spatium octo annorum
vel eocirca : In cuius rei testimonium sigUla quorundam inquisitioni qui inte-
rerant, vna cum sigiUo vicecomitis deputati antedicti, breui regio incluso, huic
inquisitioni sunt appensa, die et loco quibus supra.
Precept by John Earl of Leuenax for infefting John Maxwell of Stanle,
and Agnes Lyll his spouse, in the lands of HUfeld, 11th September
1518.
92, Johannes Comes de Leuenax ac Dominus Dernle, dUectis meis Constantino
Maxwell, Henrico Hall, baUiuis meis in hac parte coniunctim et diuisim spe^
cialiter constitutis, salutem : Quia ahas hereditarie dedimus et concessimus nobili
viro Johanni MaxweU de Stanle et Agneti LyU sue sponse, necnon eorum alteri
diucius viuenti in coniuncta infeodacione, ac heredibus inter eosdem procreatis
seu procreandis, quibus deficientibus, heredibus dicti Johannis quibuscunque,
omnes et singulas tenas de HUfeld, extendentes ad quadraginta sohdatas ter
rarum antiqui extentus, jacentes infra dominium nostrum de Dernle et baroniam
de Eenfrew ; quas terras Eobertus Quhitfurd ohm proprietarius earundem in
manibus nostris tanquam in manibus domini superioris earundem pure et sim-
pliciter resignauit, prout in carta nostra sibi Johanni super dictis terris con-
ficienda plenius continetui- : Eapropter vobis et vestrum cuUibet tenore presen
tium precipimus et mandamus, quatenus visis presentibus, indilate ad dictas
terras accedatis, et ibidem super solum earundem statum et saisinam hereditarios,
necnon realem, actualem, et corporalem possessionem omnium et singularum

236 CHARTERS AND FAMILY PAPERS. [1518.
dictarum quadraginta sohditarum de Helfeld sibi Johanni MaxweU et Agneti
Lyle sue sponse, necnon eorum alteri diucius viuenti in coniuncta infeodacione,
et heredibus inter eosdem procreatis seu procreandis, quibus deficientibus, here
dibus dicti Johannis quibuscunque, secundum formam et tenorem dicte carte
nostre desuper conficiende, ut moris est, deliberetis seu alter vestrum deliberet.
Ad quod faciendum vobis et vestrum cuUibet, coniunctim et diuisim, tenore
presentium committimus potestatem et facultatem impertimur specialem. In
cuius rei testimonium sigiUum nostrum, vnacum nostra subscriptione manuali,
presentibus est affixum, apud ciuitatem Glasguensem, die vndecimo mensis
Septembris, anno Domini miUesimo quingentesimo decimo octauo.
Jhon Erl of Leuenax.

Charter by John Earl of Leuenax and Lord Dernle to George Maxwell,
son of the late John MaxweU of NedderpoUok, of the lands of Ardane,
24th September 1518.
93. Omnibus hanc cartam visuris vel audituris, Johannes Comes de Lennax ac
Dominus Dernle, salutem in Domino sempiternam : Noueritis nos, nostris com-
modo et vtUitate vndique pensatis et preuisis, dedisse, concessisse, et hac pre
senti carta nostra confirmasse, necnon per presentes dare, concedere, et hac pre
senti carta nostra confirmare dhecto consanguineo nostro, Georgio MaxweU fiho
quondam Johannis Maxwel de NedderpoUok, totas et integras terras nostras de
Ardane cum pertinenths, extendentes ad decern mercatas terrarum antiqui ex
tentus, jacentes infra dominium nostrum de Dernle infra vicecomitatum de
Eeinfrew, in securitatem et varantizationem trium libratarum tenarum de Kow-
glen ac viginti sohdifcatarum terrarum de LitiU Kowglenn, sibi Georgio et here
dibus suis per nos uenditarum, casu quo ipse Georgius heredes sui et assignati
fuerunt vexati, perturbati, molestati, aut inquietati in pacifica possessione dic
tarum trium hbratarum de Kowglen et viginti solidatarum terrarum de Litil
Kowglen cum pertinenths : Tenendas et habendas predictas decem mercatas
terrarum de Ardane cum pertinenths prefato Georgio, heredibus suis et assig
natis, de nobis, heredibus nostris et assignatis, in varantizationem predictarum
tenaram in feodo et hereditate imperpetuum, per omnes rectas metas suas
antiquas et diuisas, prout jacent in longitudine et latitudine, in boscis, planis,

1518.] CHARTERS and family papers. 237
moris, marreshs, viis, semitis, aquis, stagnis, riuolis et aquarum decursibus, pe
tariis, turbariis, carbonibus, carbonariis, pomis, pomariis, cunicuhs, cuniculariis,
aucupacionibus, venacionibus, piscacionibus, molendinis, multuris et eorum se
quelis, cum curiis et earum exitibus, amerchiamentis, herezeldis, bludvetis et
merchetis mulierum, cum domibus et edifichs, cum communi pastura et libero
introitu et exitu, ac cum omnibus aliis et singulis libertatibus, commoditatibus,
asiamentis et proficuis quibuscunque, tam non nominatis quam nominatis, tam
prope quam procul, tam subtus terra quam supra terram, ad predictas terras de
Ardane cum pertinenths spectantibus seu juste spectare valentibus, et adeo
quiete, hbere, integre, honorifice, bene et in pace, sine ahquo retinemento, ob-
staculo aut contradictione quacunque, sicut nos prefatus Johannes aut aliquis
predecessorum meorum predictas terras cum pertinenths de Ardane tenuimus
seu possedimus tenuerunt seu possederunt : Eeddendo inde annuatim prefatus
Georgius, heredes sui et assignati, nobis, heredibus et assignatis nostris, vnum
denarium vsualis monete regni Scocie, nomine albe firme, super solum dictarum
terrarum de Ardane, in festo Penthecostes si petatur tantum, pro omni aho
onere, exactione, questione, seruitio seculari, seu demanda que de dictis terris
cum pertinenths exigi poterunt seu requhi per quoscunque. Et nos vero pre
fatus Johannes comes, heredes nostri et assignati, prenominatas terras de Axdene
cum pertinenths prefato Georgio, heredibus suis, suis et assignatis, per modum
varantizationis ut predicitur, varantizabimus, acquietabimus, et tenore presentis
carte contra omnes mortales imperpetuum defendemus. In cuius rei testimonium
sigiUum nostrum proprium, vnacum nostra subscriptione manuah, presentibus
est appensum, apud Glasgw, vicesimo quarto die mensis Septembris, anno
Domini miUesimo quingentesimo decimo octauo, coram his testibus, Waltero
Maxuell de Ackinheid, Magistro Thoma Stewart, Domino Thoma Erskyne,
WUelmo Blair, et Jacobo Schehs, cum diuersis ahis.
Jhon Erl of Leuenax.
Instrument of Gift by Mr. Eobert Maxwell, Eector of Torboltoun and
Canon of Glasgow, to John Maxwell and Elizabeth Houstoun his
spouse, of the ward of Nethir PoUok, 30th October 1518.
g , In Dei Nomine Amen. Per hoc presens pubhcum instrumentum cunctis pateat

238 CHARTERS AND FAMILY PA PERS. [ 1 5 1 8 .
euidenter et sit notum quod anno Incarnationis Dominice millesimo quingen-
tesimo decimo octauo, die vero mensis Octobris penultimo, indictione septima,
pontificatusque sanctissimi in Christo patris et domini nostri, domini Leonis
diuina prouidentia pape decimi anno septimo : In mei notarh publici et tes
tium subscriptorum presencia personahter constitutus venerabihs vir, magister
Eobertus MaxweU, rector de Torboltoun ac canonicus Glasguensis, etc., varda-
tariusque, et eo nomine, dominii et terrarum de NethirpoUok cum pertinenths,
propter certas causas et fauores animum suum ad infrascripta mouentes, et
propter seruicium Johannis MaxweU minoris annis ac heredis dictarum terrarum
de Nethir PoUok factum et fiendum sibi Magistro Eoberto, hbere et gratanter
dedit, concessit, et simpliciter donauit sibi Johanni MaxweU, sponso Ehsabeitht
Houstoune, ex nunc quinque hbratas terrarum de Nethir PoUok, cum horto, turn
et ceteris domibus eclificatis ex ista parte aque de Cart sitis, cum ceteris sequelis
et pertinenths quibuscunque huiusmodi turri et mansioni ac dictis terris incum-
bentibus et spectantibus quomodolibet ; introitusque ipsius Johannis et dicte
Ehsabeitht sue sponse in et ad dictas terras, hortum, turrim et domos cum
ceteris pertinenths eisdem incumbentibus erit in proximo festo Sancti Martini,
ad intromittendum et disponendum super huiusmodi terris ac easdem arandum
cum earum pertinenths ad commodum, proficuum, et vtihtatem ipsorum Johannis
et Ehsabeitht coniugum et vsque ad legitimam etatem dicti Johannis. Et si ipse
Johannes clecesserit ab hac luce, quod absit, Dei gratia interueniente, ipsa Ehsa
beitht tantum habebit vnam certam terciam earundem quinque libratarum ter-
raram de Nethir PoUok, vt premittitur. Necnon idem Magister Eobertus var-
datarius ut supra, eundem Johannem suum constituit baUiuum ad omnes et
singulos tenandos huiusmodi terrarum de Nethir PoUok, cum potestate curias
tenendi, defectus earundem puniendi, et atthechiamenta faciendi et amerchia-
menta recipiendi, et super eisdem disponendi ita hbere et bene sicut ipse varda-
tarius exnunc habet easdem. Super quibus omnibus et singulis honorabilis vir,
Patricius Houstoun de eodem, nomine et ex parte dictorum Johannis et Ehsa
beitht sue sponse, a me notario publico infrascripto sibi fieri pecht instrumentum
et instrumenta. Acta erant hee in ecclesia metropolitana Glasguensi, hora
vndecima vel circiter ante merediem, sub anno, mense, die, indictione et ponti
ficatu prenotatis ; presentibus ibidem dicto Patricio Houstoun, Magistro Jacobo
Houstoun, Domino Willelmo Huntar capeUano, Georgio Houstoun fratre ger-

1518-19.] CHARTERS AND FAMILY PAPERS. 239
mano dicti Patrich, et Henrico Dwne, laicis, cum diuersis aliis ad premissa
vocatis pariter et rogatis.
Et ego Dauid Bruyce arcium magister, presbyterque Glasguensis diocesis,
pubheus auctoritate apostolica notarius, premissis donacioni et concessioni
huiusmodi terrarum et pertinentiarum ut premittitur, ac omnibus ahis etc.

Instrument of Eenunciation by John Earl of Lenax of the right to
redeem the lands of Cowglen from George Maxwell, son of the late
John Maxwell of Nedder PuUok, 29th June 1519.
95. In Dei Nomine Amen. Per hoc presens pubhcum instrumentum cunctis pateat
euidenter quod anno Incarnationis Dominice miUesimo quingentesimo decimo-
nono, mensis vero Junii die penulthno, pontificatus sanctissimi in Christo patris
et domini, domini nostri Leonis pape decimi anno septimo, indictione septima :
In mei notarii pubhei et testium subscriptorum presentia personahter consti
tutus nobhis ac potens dominus, Johannes Comes de Lenax Dominus Dernle,
non vi aut metu ductus, nee enore lapsus, quauisve aha mala machinatione aut
dolo circumuentus, sed sua mera, libera ac spontanea voluntate, suisque com-
modo et vtUitate vndique preuisis et pensatis, attendens et considerans quod
ipse nobUis dominus ahas terras de MekU Cowglen et LitU Cowglen cum suis
pertinenths nobili viro Georgio Maxwel, fiho quondam Johannis Maxwel de
Nedder PuUok, et heredibus suis et assignatis, vendidit et aUenauit super reuer-
sionem certe summe pecunie inibi extunc expresse, prout in cartis, Uteris, et
euidenchs ac instrumentis et documentis desuper editis continebatur et con-
tinetur. Nonobstantibus tamen, idem nobilis dominus extradonauit et renun
ciauit a se et heredibus suis pro perpetuo, omni iuris clameo, iuri et titulo quam
habet, habuit, seu habere poterit in seu ad relaxationem seu redemptionem pre-
scriptarum terrarum de Cowglen MekU et LitU, vigore literarum reuersionis
sibi de dictis tenis factarum per ipsum Georgium : Quasquidem literas reuer
sionis ipse nobihs dominus Comes cassauit, adnuUauit, nuUiusque esse roboris
efficacie aut momenti declarauit et voluit, omnique iuri sibi ad dictas terras
vigore dicte reuersionis in [cunctis], vt predicitur, imperpetuum renunciauit et
extradonauit ; et hoc pro quadam certa summa pecunie sibi [domino] comiti
per ipsum Georgium gratanter et pre manibus persolutum pro huiusmodi extra-

240 CHARTERS AND FAMILY PAPERS. [1519.
donacione et renunciacione. Super quibus omnibus et singulis petht prefatus
Georgius a me notario pubhco hoc pubhcum sibi fieri instrumentum : [Acta]
erant hee in hospicio venerabUis et egregh viri, Magistri Eoberti Maxwel
canonici Glasguensis, hora ter[cia post] meridiem vel eachca; presentibus ibidem
honorabUibus et discretis vhis, Johanne Steward de ' , WUelmo Maxwel
et Johanne Knox cum diuersis ahis testibus ad premissa vocatis.
Et ego Johannes Eeid artium magister, etc.
Letter of Eeversion by John Weir, son and apparent heir of John Weir of
the Weichschaw, and Margaret Carlile his spouse, to John Maxwell
of NederpoUok, of the easter quarter ofthe Schawis, on payment of 100
merks, 23d December 1519.
96. Be. it kend tiU aU men be thir present letters, ws, Jhonne Weir, sone and
apperand ah of Jhone Weir of the Weichschaw, and Margreit Carhle my spous,
forsamekle hes ane noble man, Jhonne MaxweU of NederpoUok, with consent
and assent of his curatour, Maister Eobert Maxwel, chanchleh of Murray and
chanoun of Glasgw, hes sauld and analeit to vs, and to the langar leifar of vs
tua, in coniunct fee, aU and haul the landis callit the Eistir Quartar of the
Schawis, with the pertinence, hand within the barony of Eenfrew and schiref-
dome of the sammyne, extendyng to tuenty shlyng land of auld extent, lik as
is at mah lyntht expremit in his chartour maid to vs thahapone, to be
bundyng and oblist, and be thir presentes byndis and obhsis vs, our aieris and
assignais, to the said Jhone MaxweU of NederpoUok, his aieris and assignais,
that quhat tyme or how soyne the said Jhone of Maxwel, his aieris or assig
nais, contentis and pais to vs, or to the langar leifar of vs tua, our aieris or
assignais, the sowme of ane hundreitht merkis gud and vsual money of Scotland
in ane nowmerit sowme, apone ane day betuex the risyng of the sone and
topassing of the sammyne, apone the perroch altar of Glasgw, we, the saidis.
Jhone and Margret, our aeris or assignais, beand varnit thair to lauchfuUie
apone fourty dais varnyng, personaly at our perroch kyrk or dueUyngplace, say
at the said varnyng cum to our knawleig, thane we bynd and obliss vs, our
aieris and assignais foirsaid, to resyng and gifoure, purehe and symplie fra vs,
our aieris and assignais, all rycht, and titiU of rycht, that we or thai hes, had,

1519-20.] CHARTERS AND FAMILY PAPERS. 241
or may haife in and to the said eister quartar of the Schawis, with the per
tinentis, to the saide Jhone Maxwell, his aieris and assignais, with chartour
and saising maid tUl vs thairapone : And gif it sal happyne the said Jhone, his
aieris or assignais, to varne vs the said Jhone and Mergret, our aieris or
assignais, as said is, and bryng the said sowme of ane hundretht merkis, and
nowmer the sammyne apone the said altar, we, our aieris or assignais, absentand
vs thairfra, it sal be leful to the said Jhone MaxweU, his aieris and assignais,
tU haue ful and fre regres in and to the said eistir quartar of the Schawis
with the pertinentis, with out ony proces of law or impediment of vs, our aieris
or assignais, the said Jhone of MaxweU, his aieris or assignais, leifand the said
sowme of ane hundreth merkis behynd thaim, in sovir firmance and keping, to
the vtihte and profet of vs, our aieris or assignais, and nocht takyne the
sammyne away witht thaim, al fraud, gyile, and dissait secludit and away put.
In vitnes of the quhUk thing, to thir our present letters of reuersioun we haue
hvng to our avin propir sehs, togidder with .our subscriptionis manuahs, at
Glasgw, the tuenty thre day of December, the zeir of God ane thousand fyif
hundretht and nyntene zeris, befoir thir vitnes, Georgio Steward, Jhone Cochren,
Hendre Ealstoun, Martyne M'Nacht, Maister Nichol Vithirspouyne, with vtheris
diuers. Jhon Veyr, vyth my hand.
Margret Carlill, on my hand on the pen.
Charter by John Earl of Lennax Lord Dernle to John Maxwell of
Estyrstanle, and Agnes Lyill his spouse, of the lands of HUfeld, 20th
May 1520.
97. Omnibus hanc cartam visuris vel audituris, Johannes Comes de Lennax ac
Dominus Dernle, salutem in Domino sempiternam. Noueritis me dedisse, con
cessisse, et hac presenti carta mea confirmasse dUectis meis Johanni MaxweU
de Estyrstanle et Agneti LyiU eius sponse, et eorum alteri diucius viuenti, in
coniuncta infeodatione, et heredibus inter ipsos legittime procreatis seu pro
creandis, quibus forte deficientibus, veris, legittimis et propinquioribus heredi
bus dicti Johannis quibuscunque, omnes et smgulas tenas meas de HUfeld cum
pertinenths, extendentes ad quadraginta solidatas terrarum antiqui extentus,
vol. I. 2 H

242 CHARTERS AND FAMILY PAPERS. [1520.
iacentes infra dominium meum de Dernle et vicecomitatum de Eenfrew : Que-
quidem terre de HUfeld, cum pertinenths, fuerunt hereditarie Eoberti Quhit
furd, et quas idem Eobertus, non vi aut metu ductus, nee errore lapsus, sed eius
mera et spontanea voluntate, in manus meas vt in manibus domini superioris
earundem, apud Glasgw, coram fidedignis testibus, personahter per fustem et
baculum sursum dedit, pureque et simpliciter resignauit, ac totum jus et cla
meum juris, proprietatem et possessionem, que, quas et quod in eisdem tenis
cum pertinenths habuit aut habere potuit, pro se et heredibus suis, omnino
quieteclamauit imperpetuum : Tenendas et habendas omnes et singulas pre
dictas tenas de HUfeld cum suis pertinenths, extendentes vt supra, prefatis
Johanni MaxweU et Agneti LyU eius sponse, coniunctim et diuisim, in coniuncta
infeodatione, et heredibus inter ipsos legittime procreatis seu procreandis, qui
bus deficientibus, veris, legittimis et propinquioribus heredibus dicti Johannis
quibuscunque, de me et heredibus meis, in feodo et hereditate imperpetuum,
prout iacent in longitudine et latitudine, per omnes rectas metas suas antiquas
nouas et diuisas, in domibus, edifichs, boscis, planis, moris, marreshs, viis,
semitis, aquis, stangnis, siluis, nemoribus, vhgultis, riuolis et lacubus, pratis,
pascuis et pasturis, petariis, turbarhs, carbonariis, cuniculariis, columbariis,
fabrUibus, brasinis, bruerhs et genestis, lignis, lapicidhs, lapide et calce, molen
dinis, multuris et eorum sequelis, aucupationibus, venacionibus et piscacionibus,
cum curiis et earum exitibus et amerchiamentis, herezeldis, bluydwittis et
merchetis muherum, ac cum communi pastura liberoque introitu et exitu, ac
cum omnibus aliis et singulis libertatibus, commoditatibus, proficuis et aisia-
mentis, ac justis suis pertinenths quibuscunque, tam non nominatis quam nomi
natis, tam subtus terra quam supra tenam, tam procul quam prope, ad predictas
terras de HUfeld cum suis pertinenths spectantibus, seu iuste spectare valenti-
bus quomodolibet in futurum, et adeo libere, quiete, plenarie, integre, honorifice,
bene et in pace, in omnibus et per omnia, sicut alique terre infra regnum Scocie
ahcui per ahquem liberius dantur, conceduntur, aut dari vel concedi poterunt,
quaUtercunque in futuram ; ac sine retinemento, reuocatione aut contradictione
quibuscunque : Eeddendo inde annuatim prefati Johannes et Agnes eius sponsa,
et eorum alter diucius viuens, et heredes inter ipsos legittime procreati seu pro-
creandi, quibus deficientibus, legittimi et propinquiores heredes ipsius Johannis
quicunque, michi et heredibus meis, vnum denarium vsualis monete regni

1520.] CHARTERS AND FAMILY PAPERS. 243
Scocie, super solum dictarum terrarum in festo Penthecostes, nomine albe firme,
tantunimodo si petatur, pro omni aho onere, exactione, questione, demanda
seu seruicio seculari, que de predictis terris de HUfeld cum pertinenths per
quoscunque hide iuste exigi poterunt quomodolibet vel requiri : Et ego vero
dictus Johannes Comes de Lennax et Dominus Dernle, heredes mei et assignati,
totas et integras predictas terras de HUfeld cum earum pertinenchs prefatis
Johanni Maxwell de Estyrstanle et Agneti LyiU eius sponse, et eorum alteri
diucius viuenti, in coniunctam infeodacionem, et heredibus inter ipsos legittime
procreatis seu procreandis, quibus deficientibus, legittimis et propinquioribus
heredibus ipsius Johannis MaxweU quibuscunque, adeo hbere et quiete, in
omnibus et per omnia, forma pariter et effectu, vt premissum est, contra omnes
mortales varantizabimus, acquietabimus, et imperpetuum defendemus. In
cuius rei testimonium sigUlum meum huic presenti carte mee est appensum,
vna cum subscriptione mea manuali presenti affixa, apud Glasgw, vicesimo
die mensis May, anno Domini mUlesimo quingentesimo vicesimo ; coram hhs
testibus, Magistro Waltero Kennyde, Dauid Schaw, Eoberto Quhitfurd, Andrea
Gessum, et domino Jacobo Knox, Vicario de Curmannok, cum diuersis alhs.
Jhon Erl of Leuenax.
Charter by Thomas Ealstoun of Eosholme to Beatrix Maxwell of Carn-
duff, on the occasion of their maniage, of the lands of Dunlophil, 15 th
September 1520.
98. Omnibus hanc cartam visuris vel audituris, Thomas Ealstoun de Eosholme,
salutem in Domino sempiternam. Noueritis me, meisque vtilitate et commodo
primitus preuisis et pensatis, dedisse, concessisse, et hac presenti carta mea
confirmasse, necnon per presentes dare, concedere, et hac presenti carta mea
confirmare dilecte mee Beatrici MaxweU de Camduff, pro suis obsequhs et
benemeritis michi multipliciter impensis, necnon occasione et intuitu matri
monii contrahendi inter me et prefatam Beatricem, totas et integras terras
meas de Dunlophil cum pertinenths, extendentes ad quadraginta sohdatas ter
rarum antiqui extentus, iacentes infra balham de Cunyghame et vicecomitatum
de Are, in vitalem redditum pro toto tempore dicte Beatricis : Tenendas et
habendas totas et integras predictas tenas de DunlophiU cum pertinenths pre-

244 CHARTERS AND FAMILY PAPERS. [1520
fate Beatrici in sua viduitate existente, in vitalem redditum pro toto tempore
vite eiusdem, de supremo domino nostro rege tanquam senascallo Scotie,
suisque heredibus et successoribus, per omnes rectas metas suas nouas antiquas
et diuisas, prout iacent in longitudine et latitudine, in domibus, edifichs, boscis,
planis, moris, marresus, pratis, pascuis, pasturhs, viis, semitis, aquis, stangnis,
riuolis, lacubus, petariis, turbarhs, carbonibus, carbonariis, columbis, columbariis,
cunicuhs, cuniculariis, fabrUibus, braseis, bruerhs, genestis, siluis, nemoribus,
vhgultis, siluicidhs, lapicidhs, lapide et calce, molendinis, multuris et eorum
sequehs, aucupacionibus, piscacionibus et venacionibus, cum curiis et earum
exitibus, et amerchiamentis cum communi pastura, Uberoque introitu et exitu,
ac cum omnibus ahis et singuhs libertatibus, commoditatibus, proficuis, asia
mentis ac iustis suis pertinenciis quibuscunque, tam non nominatis quam
nominatis, tam subtus terra quam supra terram, procul et prope, ad predictas
terras de DunlophU cum pertinenths spectantibus seu iuste spectare valentibus
quomodolibet in futurum, libere, quiete, plenarie, integre, honorifice, bene et in
pace, sine ahquo retenemento aut reuocatione mei, heredum meorum, aut aliquo-
rum nostrorum assignatorum quorumcunque : Eeddendo inde annuatim dicta
Beatrix, pro toto tempore vite sue, dicto supremo domino nostro regi tanquam
senascaUo Scotie, suisque heredibus et successoribus seruicium inde debitum et
consuetum, tantummodo pro omni alio onere, exactione, questione, demanda,
seu seruicio seculari que de dictis terris de DunlophUl cum pertinenciis, durante
vita dicte Beatricis, per quoscunque inde iuste exigi poterunt vel requiri : Et
ego vero prefatus Thomas, heredes mei et assignati, totas- et integras predictas
tenas de DunlophUl cum pertinenths prefate Beatrici in vitalem redditum, pro
toto tempore vite sue, in omnibus et per omnia, forma pariter et effectu, ut
premissum est, contra omnes mortales varantizabimus, acquietabimus, et imper
petuum defendemus. In cuius rei testimonium sigUlum meum proprium, vna
cum mea subscriptione manuah presentibus est appensum, apud ciuitatem
Glasguensem, die decimo quinto mensis Septembris, anno Domini miUesimo
quingentesimo vicesimo; coram his testibus, egregio vho Magistro Eoberto
Maxwel, CanceUario Morauiensi ac Canonico Glasguensi, Domino Macolmo
Flemyng, Jacobo Crauffurd, Henrico Ealstoun, et Magistro Nicholao Withir-
spuyne, cum diuersis alhs. Thomas Ealstoun of the Eos holm.

1520-21.] CHARTERS AND FAMILY PAPERS. 245
Letters of Bailiery by Eobert Lord Maxwell, appointing George Max
well of Kowglen constable and keeper of the castle of Mernis for seven
years, 28th January 1520.
99. Be it kend tiU aU men be this present vrit, me, Eobert Lord MaxweU, to haif
maid, constitud, and ordanit, and be this present vrit makis, constitudis, and
ordanis my weiU beluffit cosyng, Georgis MaxveU of Kowglen, my constabill
and kepar of my castaU of the Mernis, lyand wythin the schirefdowme of Een
frew and banony of the samen, wyth sic hk profettis and dewetis as my said
castaU had ws and vont of befor to the kepin of it, for aU the termis and tymis
of sevyn zeris next and inmediatly fowlowyn the dait of this present and the
entra of the said Georgis now incontenent to the said castaU, and to in dwr
sevyn zeris efth this next Vitsonday, for his seruice don and to be don ; and
be this present vrit, I bynd and obhs me to kep this forsaid constabelry for the
said sevyn zeris to my said cosyng, as said is, bot fraud or gyhl, be the fayth
and threwth in my body : and to the vitnes herof I haif set to my seill, to
gidder vyth my subscriptioun, at Edinburgh, the twenty auch day off Januar,
the zer of God ane thowsand fyf hundreth and twenty zeris, befor thir vitnis,
Walter Steward, Sh Eobert Melweyn, James Eelston, and Jhon , wyth
vderis diuers.

f^(\^r/ y^sy CM&r

Appointment by John Earl of Lennox of his cousin, George Maxwell of
Kowglene, to redeem the lands of Pottertoun and Dikonys-bank, 15 th
November 1521.
100. Be it kend tU al men be thir present letteris, ws, Jhone Erie of Lenax and Lord
Dernle, to haiff maid, constitut, and ordanit, and be the tenour of thir presentis,
makis, constitutis, and ordanys our weU belowit cusing, George Maxwel of
Kowglene, our veray lauchful and onedowtable cessionar and assignay to

246 CHARTERS AND FAMILY PAPERS. [1521.
redeyme and lows our landis of Potertovn and Dikonys-bank, lyand within the
lordschip of Dernle and barony of Eenfrew, fra Hew Montgumry of Hesleid,
apone the sowmys contenyt in the reuersionis quhilkis we haff apone the
ahenatione and wedsettyne of the sammyn ; giffand and grantand to our cusing
forsaid ful power in thh premissis, as we war present our selff, with al clausuhs
necessar and requirit to ane cessionar and assignay. In vitnes heroff we haff
subscrivit this wret with our hand, and set to our seyl to the sammyne, at Crux-
toune, the xv day of November, zer of God a thousand fyf hundretht xxi zeris,
befor thh vitnes, Jhone Maxvel of Anochre, Master Walter Cune, and Thomas
Grenhil, vith oderis diueris.

Discharge by Hew Mungumre, lard of Hessylheyd, to George Maxwel of
Culglen, for 130 merks, 18th November 1521.
101. Be it kend thl aU men be thh presentis, me, Hew Muntgumri, lard of HesU-
hed, tiU haif tayne and resauyt fra the handis of ane honorabU man, George
Maxwel of Culglen, aU and haU the sowme of sex schoir of merkis and tene,
of the quhUkis sowme I ame weU content, assighit, and plesit ; and als I, and
for me, myn ahis, executouris, and assignais, quytclemis, exoneris, and dis
chargis the said George Maxwel of the Culglen, his ahis, executouris, and
assignais of the sowme forsayd for now and euh ; and atour, quytclemis,
exoneris, and dischargis the said George of Maxvel of all rychttis that I haif, or
may haif, to the landis of Potertovne and Diconysbank. In vytnes of the
quhilk thynge I haif subscriuit this my acquytance, at the Heslet, the xvhj day
of Nouember, in the zere of God ane thowsand fiif [hundreth] and xxi zeris,
befor thir vytnes, Thomas Ealston of the Eose Holme, Alexander of FergushU
of that Ilk, Henri Hal, and Jhone of Hammyltowne, vith otheris diueris.
Hew Mungumre of the Hessylheyd.

1521.] CHARTERS AND FAMILY PAPERS. 247

Disposition by John Earl of Lennox to George Maxvell of Cowglen, of
the lands of Pottartone and others, with Tack of said lands after Ee-
demption, 19th November 1521.
102. Be it kend tU al men be thh present letteris, me Jhon Erie of Lennox and
Lord Dernly, to be bundyng and obhst, and be thir myn present letteris byndis
and oblysis me be the fath and trewthe in my body, myn ayris, executwris,
and assignais, coniuncly and seueraly, renunciande the benefice of division til
ane wyrschepful man, George MaxveU of the Cowglen, his ayris, executuris,
and assignais, that forsamekhl hais I haif sauld, anelyt, and away put fra me,
myn ayris, executuris, and assignais, the landis of Pottartone and Dicconis-
bank, with thare pertinence, to the said George, his ayris, executuris, and
assignais, for ane certane sowme of gold deliuerit and payt til me in nwmerit
mone, that is to say, ane lewyne scoyr of merkis and ten of fyne gold ; the
quhUkis was deUuerit, fyfty pwndis of ridaris Franche crownis and Scottis
crownis, and the ramayne of the saidis lewyn scoyr of merkis and ten in vni-
cornis ; the quhUk sowm extendis to the wayU of the said landis : Herfor I
bynd and oblysis me in the form abwffe wrytyn, that gyff it happynnis me or
myn ayris to redeyme and lows the saidis landis eftir the tennor of the lettir
of reuersion made thahapon be the sayd George tU me, I or thai sal pay and
dehuer the sowm abwffe expremyt of a lewyn scor of merkis and ten, in siclyk
gold as is abwife wrytyn of my rasayt. And I and myn ayris sal nocht con
sent to the redemyng and relaxyng of the forsaid landis in fauoris, vtilite, or
profeit of ony other persone bot alwterly tyl myn self or myn ayris, and til
myne or thahis propyr ws. Alswa I vh, grantis, and promittis that the said
Georgis, his ayris, executuris, or assignais, sal browyke, joys, and manwr
pecepbU the forsaid landis with thah pertinence in assedacion of me or myn
ayris, for al the tymis and termes of sewyne zheris nixt the gidder and imme
diatly*" folowand the tyme of the lowsyng of the saidis landis, gyff it sa hap-
pynis tham to be lowsit ; the forsaid Georgis, his ayris, executuris, and assig
nais payand zherly tU me or myn ayris siclyk male and dewetis hais the inha
bitaris of the said landis payt tU me in the tyme of the maken of this present
obligation ; that is to say, fyf mark and ane half and xvi pennys of penny

248 CHARTERS AND FAMILY PAPERS. [1521.
male, and thre bonis of ber and ane half, and thre peckis, with other dewetis,
hais nychtbur and other. And herattour I, na myn ayris, executuris, nor
assignais, nor zeit nane otheris trowth I, na in myn name, sal molest, inqwiet,
perturbe, no zeit wex no tribule, be no maner of way, the said George, his
ayris, executwris, nor assignais, his or thahis men-seruandis, tenandis, or inha
bitaris, in the peceabU browken, manteinyng, and manwryng of the said landis,
hais he or his ayris, executuris, or assignais thynkis mast expediende and pro-
feetabUe, odir be tham self to manwr in manys, or to set to tenandis or inha-
bituris, oder for male and gerssown or for ferm. Bot I and myn ayris, execu
turis, and assignais, sal defend, warand, and mak qwiet the saidis landis with
thar pertinence to the said George, his ayiris, executuris, assignais, and inha
bitaris, and defend and manteym hym and tham, and his seruandis quhatsum
euer, bath in the law in the thyngis abwfe wrytyne, in caws lethful and
honeste : And to obserff, fulfyU, and kepe al and syndry thh punctis abwif
writyne, and al oder punctuamentis and conditionis innit and maid betuix
me and the said Georgis, I and Uk ane of myn hais oblyst me, myn ayris, exe
cuturis, and assignais, in the stratast form of obhgation that can be devisit,
but inconuenient, and gyffyn my bodely athis thar apon, the haly ewangUist
twychit, bath as ane and ane as bath, coniuncly and seueraly, renunciand the
benefite of diwision as said is ; aU remede of law, cywel or cannon, statut law,
or ack of ParUament, to be excludyt alwterly and away put, made or to be
made in the contrar herof, but fraude or ghe, question, cauelation, or demande :
And I nor myn ayris, executuris, nor assignais, no none otheris in my name,
neuer to be hard in the contrar herof, onder the pane of maynsweryng, inabi-
lite, and defamatione. In witnes of the quhilk thyng I the said Jhone hais
gart affix my seU to this present wryt, at Glasgw, the xix day of the moneth of
Nouember, the zer of God a thowsand fyf hundreth and ane and twenty zeris,
befor thh vitness, Jhon MaxveU of the Vest Stenly, Hendery HaU, and wder
diuers.
Jhon Erl of Lennox.

1521.] CHARTERS AND FAMILY PAPERS. 249
Charter by John Earl of Lenax Lord Dernlie to George Maxvell of
Cowglenne, of the lands of Pottartowin and Dyconisbank, 19 th Novem
ber 1521.
103. Omnibus hanc cartam visuris uel audituris, Johannes Comes de Lenax, Do
minus Dernlie, salutem in Domino sempiternam : Noueritis me dedisse, vendi-
disse et alienasse, necnon per presentes dare, vend ere, et alienare, et hac
presenti carta mea confirmare nobili viro Georgio MaxveU de Cowglenne,
meo perdUecto, omnes et singulas terras meas de Pottartowin et Dyconisbank,
cum suis pertinenths, iacentes in dominio meo de Dernlie infra vicecomitatum
de Eenfrew, pro certa summa pecunie michi pre manibus totahter persoluta et
deliberata, ac in vsum meum disposita et conuersa ; de quaquidem summa
teneo me bene, integre et gratanter solutum et pacatum, dictumque Georgium,
heredes suos et assignatos, pro me, heredibus meis et assignatis, de preclicta
summa in pecunia numerata quietum et quietos clamo imperpetuum per pre
sentes : Tenendas et habendas omnes et singulas predictas terras de Pottar
towin et Dyconisbank, cum vniuersis et singuhs suis pertinenths, de me et
heredibus meis, predicto Georgio MaxveU, heredibus suis et assignatis in feodo
et hereditate imperpetuum, per omnes rectas metas suas antiquas et diuisas, in
boscis, planis, moris, marresus, viis, semitis, aquis, stangnis, lacubus, riuuhs,
pratis, pascuis et pasturis, molendinis, multuris, et eorum sequelis, cum curhs,
eschaetis et earum exitibus, herezeldis, bluydwittis et muherum merchetis, cum
aucupationibus, venationibus, piscationibus, petariis, carbonariis, turbarhs, cum
lapide et calce, cum communi pastura, et hbero introitu et exitu, ac cum omni
bus aliis et singuhs hbertatibus, commoditatibus, proficuis et asiamentis, ac
iustis suis pertinenths quibuscunque, tam non nominatis quam nominatis, tam
subtus tena quam supra tenam, procull quam prope, ad predictas terras cum
pertinenths, spectantibus seu iuste spectare valentibus quomodohbet in fu
turum, libere, quiete, plenarie, integre, honorifice, bene et in pace, sine aliqui
bus impedimento, retinemento, aut reuocatione mei, heredum meorum, aut
aliquorum nostrorum successorum aut assignatorum, et adeo hbere et quiete
sicut ego prefatus Johannes Comes de Lenax Dominus Dernlie, aut aliqui
predecessorum meorum, predictas terras de Pottartowin et Dyconisbank cum
suis pertinenths hberius, quiecius et honorificencius, aliquibus temporibus re-
vol. I. 2 I

250 CHARTERS AND FAMILY PAPERS. [1521-22.
troactis tenui seu possedi, tenuerunt seu possiderunt : Eeddendo inde annua
tim dictus Georgius, heredes sui et assignati, michi, heredibus meis et assignatis,
vnum denarium vsualis monete Scocie currentis, super solum dictarum terra
rum in festo Penthecostes, nomine albe firme, tantummodo si petatur, pro
omni aho onere, exactione, questione, demanda, seu seruicio seculari que de
predictis terris cum suis pertinenths per me, heredes meos uel assignatos, uel
per quoscumque ahos inde iuste exigi poterunt quomodohbet uel requiri : Et
ego vero dictus Johannes Comes de Lenax Dominus Dernlie, heredes mei et
assignati, omnes et singulas predictas tenas de Pottartowin et Dyconisbank
cum suis pertinenths prefato Georgio Maxvell, heredibus suis et assignatis, in
omnibus et per omnia, modo, forma pariterque et effectu quibus supra, contra
omnes mortal es varantizabimus, acquietabimus, et imperpetuum defendemus.
In cuius rei testimonium sigUlum meum huic presenti carte mee est appensum,
vnacum manuah mea subscriptione, apud ciuitatem Glasguensem, die decimo-
nono mensis Nouembris, anno Domini miUesimo quingenteshno vicesimo primo ;
coram hhs testibus, venerabhi et egregio viro Magistro Eoberto MaxveU, Can-
ceUario Morauiensi, Johanne MaxveU de Anrochre, Henrico Hall, et WUelmo
MaxveU, clerico panochiah de Estwod, cum diuersis alhs testibus.
Jhon Erll of Leuenax.
Gift by John Duke of Albanye, Governor of Scotland, to John Maxwell
of PoUok, of the taxt of Nether PoUok, 24th August 1522.
104. We, Johnne Duk of Albanye, Tuetour to our Souueraine Lord and Guuernour
of his realme, be thir presentis ouris letterez, hes gewin and quiitit and gewis
and quietis to our louit Johnne MaxweU of NedirpoUock his taxt, awand to
our said Souueranis for his xx hb. landis of NedirpoUock, extending to x merkis
Scottis money, descharging the schheff of Eenfrew and aU otheris of the samyn
sowm. Subscriuit with our hand, at Edinburgh, the xxiiij day of August, the
zeh of God I™ v? and xxh zeris.

1522.] CHARTERS AND FAMILY PAPERS. 251
Testament of George Maxwell of Kowglene, 30th August 1522.
I.H.S.
105. In Nomine Indiuidue Trinitatis, Amen. Ego Georgius MaxweU de Kowglene,
sanus corpore, mente et ratione, tamen, ob pericula guenarum ex nunc emi-
nentium, condo testamentum meum in hunc modum : In primis, do et lego
animam meam Deo omnipotenti et beate Uirgini Marie, totique curie celesti
triumphanti, corpusque meum sepuliendum vbi diuina placuerit dementia,
quatuor denarios fabrice Sancti Kentigemi : Et constituo executores meos,
videlicet honorabUem et egregium vhum, Magistrum Eobertum MaxweU can-
ceUarium Morauiensem, canonicum Glasguensem, Jonetam MaxweU meam
sponsam, et Magistrum Johannem Eeide vicarium de Campsy, ut ipsi dis-
ponant de bonis meis secundum meam vltimam voluntatem, prout reddituri
sunt rationem coram supremo Judice in die Judicii.
Inuentarium omnium bonorum meorum refero libris computi mei et ren-
tali scriptis et subscriptis mea scriptura manuali.
Legacia.
In primis, volo et ordino quod quidam capeUanus ydoneus, eligendus per
meos executores, celebret pro septennio futuro a die obitus mei, apud altare beate
Uirginis Marie in ecclesia de Estwod, quotidie cum dispositus fuerit, et quahbet
festiuitate beate Uhginis ordino quinque missas celebrandas apud idem altare
per ipsum capeUanum et alios eligendos per eum : Pro eius stipendio annuatim,
durantibus dictis septem annis, lego et ordino duodecim mercas soluendas
eidem capeUano.
Item, lego pro sustentatione huiusmodi dicti altaris beate Uirginis de
Estwod, tres vaccas : Item, altari beati Gvalh in eadem ecclesia, vnam vaccam :
Item, altari sancte Crucis in eadem ecclesia, vnam vaccam : Item, altari Sancti
Niniani in ecclesia predicta, vnam vaccam : Item, altari beate Brigide de Mer
nis, duas vaccas : Item, altari beate Uhginis Marie in Mernis, vnam vaccam.
Item, volo et ordino quod executores mei de bonis et rebus meis sustentent
fUium meum, Georgium MaxweU, vsque ad etatem septemdecim annorum in
omnibus suis necessarhs, et postmodum persoluant sibi summam decem libra
rum de bonis meis.
Item, lego Katherine MaxweU, filie quondam Johannis MaxweU, mUitis, de

252 CHARTERS AND FAMILY PAPERS. [1522-24.
Pollok, mei fratris, centum mercas ad suum maritagium. Eesiduum omnium
bonorum meorum, debitis et legatis extractis, lego fiUo meo Eoberto. Actum
in ciuitate Glasguensi, penultimo die mensis Augusti, anno Domini Im vc xxiid0.
Geordis Maxwell.
Johannis Bridin notarius pubheus manv propria ita scripsit.
Bond of Manrent by John Earl of Leuenax to George Maxwell of
the Kowglene, 1st May 1524.
106. Be it kend tiU aU men be thh present letters, ws, Johne Erie of Levenax and
Lord Dernle, forsamekle as ane honorable man and our traist cosing, George
MaxweU of the Kowglene, is becumin man tiU ws of speciale retinew, wyth
manrent and seruice for all the dais of his hfe, as his letters maid to ws thair-
upone mah fuUely proportis ; we herfor faithfuUy promittis to manteine, help,
supple, and defend our said cosing and man in all and sindry his actions,
causis, and querelis quhatsumeuir, honest and lefuU, movit and for to be movit,
as ane Lord suld defend his man and cosing, but fraude or gUe, aganis aU
thame that dee and leif mai, our souerane Lord the King and his successouris
out tane aUanerly, for all the dais of our said man and cosing life. In witnes
herof to thh our present letters of manteinans, subscriuit wyth our hand, our
seiU is affixt and to sett, at Glasgw, the first dai of the monetht of Mai, the
zeir of God ane thousand five hundretht tuenty and four zeris, befoir thir
witnes, George Colquhoune of Glen, Duncane Lenax, and Eobert Maxvel.
Jhon Erl of Leuenax.
Discharge by Eobert Lord Maxwell to George Maxwell of Kowglen,
4th July 1524.
107. I, Eobert Lord MaxweU, grantis me for tiU haue had and resauet be the handis
and dehuerance of ane honorable man, and my welebelouet cousing, George
MaxweU of Kowglen, the sowme of thre scoyr of ten merkis, vsuaU money of
Scotland, in part of payment of his half of the ward of the landis of Nether
PoUok : Of the quhUk sowme of thre scoir and ten merk, in part of payment
of his part of the ward foresaid, I haid me wele contentyt and payet, and quit

1524-27.] CHARTERS AND FAMILY PAPERS. 253
clames and discharges the said George, his ayris, executouris, and assignais, for
me, myn ayris, executouris, and assignais thairof, for nov and euermar, boit
fraud or gyle. In witnes of the quhUk think thing I haue subscriuit this pre
sent acquittance wyth my hand, at Lochmabane, the ferd daye of July, in the
zeir of God ane thousand five hundreth and tuenty four zeiris.
Eobert Lord Maxwell.

Discharge by Eobert Lord Maxwell to George Maxwell of Kowglen,
for the half of the ward of Nether PoUok, 21st November 1524.
108. I, Eobert Lord MaxweU, grantis me for to haue had and resauet, be the handis
and dehuerance of my louet cousing, George MaxweU of Kowglen, the sovme
of acht score of merkis and ten merkis, vsuaU money of Scotland, in complet
payment for the tane half of the ward of the landis of Nether PoUok : Of the
quhilk sovme of viij score of merkis and ten merkis, vsuaU money forsaid, in
complet payment for the haff [of] the ward of the said landis of Nether PoUok,
I haid me wele contentit and payet, and quytclames the said George, his ahis,
executoures, and assignais, for me, myn airis, executouris, and assignais tharof,
for nov and euirmair, but fraud or gyle. In witnes of the quhilk thing I haue
subscriuet this present acquittance with my hand, at Edinburgh, the xxj daye
of Nouember in the zeir of God ane M. V? and tuenty four zehis.
Eobert Lord Maxwell.
Procuratory of Eesignation by Eobert [Maxwell], Bishop of Orkney, of
the lands of Ester Schelis of Goven and Goven Haggis, in favour of
George Maxwell of Kowglen, his brother, 17th September 1527.
109. Be it kennit to all men be this present writ, ws, Eobert be the mercy of God
Bischop of Orknay, to haue maid, constitut, and ordinit, and be this writ makis,
constitutis, and ordinis honorable men onderwrittin, that is to say, Thomas
MaxweU, Mungw Hawstoun, Johne HaU, Thom Luf, and Allan HaU, coniuncthe
and seuerahe, our lawfull, ondowtit, and irreuocable procuratouris, actouris, fac-
touris, and of our erandis onderwrittin speciaU messyngerris ; grantand and
giffand to our saidis procuratouris, and Uk ane of thaim coniuncthe and seue-

254 CHARTERS AND FAMILY PAPERS. [1527.
ralie, our plane and fuU power, expres biddyng, and speciaU mandment, for ws
and in our naym to compeh befoir ane reuerend fader in God, Gawyne be the
mercy of God Archiebischop of Glasgw, or his chahnerland, and thair, for ws
and in our nayme, to renunce and ourgif, in the handis of the said reuerend
fader or his chalmerlane, aU rycht, entres, and titiU of rycht that we haue, had,
or may haue in and to the malyngis of Ester Schelis of Goven and Goven
Haggis, with ther pertinentis, lyand within the barrony of Glasgw, in the
quhilk landis we ar rentalit, to jois and bruke efter the deces of Elizabith
Stewart, Lady Nather PoUok, our moder, and to consent to inputtyng of ane
honorable man and our denest bruther, George Maxwell of Kowglen, in the
rentaU of the said malyngis and landis, in sa far as the said Elizabith, our
moder, whbe content and wUl consent thahto, and nocht ellis ; and at the said
Elizabit, or hyr procuratour haffand speciali command thairto, compeir befoir
the said reuerend fader or his chalmerlane, in the tyme of renunciatioun and
our giffyng of the saidis malingis ; we haldand and for to haid firme and stable,
aU and quhatsumeuery wthir thingis our saidis procuratouris, or ony ane of
thaim coniuncthe and seueralye, dois in thh premisses, onder the pane and
obligatioun of aU our geir, mowable and vnmowable, present and to cum. In
vitnes hehof, to this our power and procuratory we have affixit our signet,
with our subscriptioun manuaU, at our CathedraU Kirk of Orknay, the xvij day
of September, the zeh of God ane thowsand fiwe hundreth and tuenty sewyn
zeris, befor thh vitnes, Maisteris Alexander Craik, Andro Hall, notoris pubUct,
Eobert Lang and Thomas Leithe, with wtheris diuers vitnes : and our said
moder to brok for her tym.

Qp^^frT^,

Q^

Obligation by William Maxwell, son to the late John of Maxwell of PoUok,
to his brother, George Maxwell of Cowglen, 23d October 1527.
110. Be it kend thl all men be thh present letteris, me, WUhame MaxweU, sone to
vmquhUl Johne of Maxwell of Nathyr Pollok, to be bundyn and obhst, and be

1527.] CHARTERS AND FAMILY PAPERS. 255
thir presentis byndis and obhss me, my ahis, executouris and assignais, till ane
nobiU man, my denest brother germane, Georgis Maxwell of Cowglen, forsa-
mekle as the said Georgis hes infeft me in lifrent in the four merkland of
auld extent of Pottertovn, in the twenty schUling and saxtene penny wortht of
the landis caUit Dikonis Bank, and in the fourty schUling land callit the HUfeUd,
wytht thar pertinentis, hand wythtin the lordschip of Dernle and Schhefdome
of Eanfrew, hk as the chartour and saisyng maid to me thar vpon mah fullely
proportis, and hes put me in the peciable brukyng and joysyng of the five
pwnd land of Carnewederik, and in the landis of PoUokhawcht, to be joysit
and brukit be me and my factouris, hk as the contract maid betuix the said
Georgis and me thar vpon proportis and beris, nocht the les I wiU and grantis,
and tharto byndis and obliss me, my airis, executouris, and assignais, that I nor
thai saU nocht rais, wptak nor ressaue ony malys, profettis, fermys, or dewiteis
of the saidis landis of Pottertovn, HUfeUd, nor Dikonis Bank, sa lang as I, my
tennandis or factouris, beis not molestit nor trublit in the peciable brukyng and
joysyng of the landis of Carnewederik and PoUokhawcht ; and in that cais
that we be trublit or molestit in the braking of the saidis landis alanerly, and
quhat tyme and how sone it sail happyn the ayr or ahis of Nathyr PoUok
quhatsumeuery, to cum to lauchtful age and enter to thar landis of Nathyr
PoUok, and thar efter to infeft me in lifrent in the said landis of Carnewederik,
fre of aU malys, fermys, proffettis and dewiteis, induryng my liftyme, and de
liuer ane sufficient letter of tak for the space of five zeris efter my deces, to my
ahis maUl alanerly, of the landis of Carnewederik forsaid, for fourty merkis of
maill zeirly, at Witsonday and Mertynmes in wynter, be equale porcionis ; and
als to infeft me in lifrent in the landis of PoUokhawcht be chartour and saisyng
be the said ayr or airis to be maid to me for four pwndis vsuale mone of Scot
land, to be payit at Witsonday and Mertynmes be equale porcionis ; than, in
that cais, I saU renunce and ourgif, and be thir presentis, now as than and
than as now, renuncis, ourgevis, quitclemys, and dischargis all rycht, clame,
tithl of rycht, prophte and possessioun, that I had or mycht haif in and to the
saidis landis of Pottertovn, HUfeUd, and Dikonisbank, be resone of my lifrent
forsaid, and I to be secludit tharfra for euh ; to be brukit and joysit be the
said Georgis, his airis and assaignais, als frely as thai war befor the said infeft
ment of lifrent maid to me thar vpon ; quhilk Ufrent, wytht aU charteris,

256 CHARTERS AND FAMILY PAPERS. [1527.
euidentis, and documentis maid to me tharvpon, in the cais forsaid, I renunce
and ourgevis : Mair atour gif it saU happyn Elizabet Steward, moder to the
said Georgis and me, to leif efter the deces of the said Georgis, sua that he
deces befor hyr, and tharthrow his ahis nor assignais enteris nocht to the rental,
possessioun, and brukyng ofthe malynnis of Govane Haggis and Govane Schelis,
than, and in that cais, I saU renunce, and be thh presentis renuncis, quitclemys,
and dischargis, and ourgevis all rycht, clame, tithl of rycht, prophte and pos
sessioun, that I haif or may haif in and to the saidis landis of Carnewederik,
PoUokhawcht, Pottertovn, HUfeUd, and Dikonisbank, togidder wytht aU char
teris, documentis, instrumentis, obligationis, and ackis maid to me be the said
Georgis apon the saidis landis or ony part of thaim, to be brukit and joysit
be the airis and assignais of the said Georgis quhatsumeuery, als frely as thai
war befor the makyne of the saidis infeftmentis, documentis, and obligationis,
vnder the payne of five hundretht merkis to be payit to the ahis, executouris,
and assignais of the said Georgis, in the cais that I fahze in the ourgevin of the
landis forsaid as propir det, na remeid of law, ciuil nor cannon, to be proponit
in the contrar ; and that becaus the saidis landis of Carnewederik, PoUok
hawcht, Pottertovn, HUfeUd, and Dikonisbank war gevin to me be the said
Georgis for plesour, steid, thankis, and gud deid maid and for to be maid, be
the said WiUiame to the said George : And to the obseruyng and kepyng of aU
and syndry thir premissis, I bynd and oblissis me, my airis, executouris and
assignais, lelely and trewlie, but fraud or gUe in the stratest forme and stUe of
obligatioun, and thar to hes gevin my bodely aitht the haly ewangil tuicht. In
witnes of the quhUk thing to this my present letter of obligatioun I haif hungyn
my proph seil, togidder wytht my subscriptioun manual, at
Glasgw, ye xxhj day of the monetht of October, the zeh
of God ane thousand five hundretht and twenty sevin zeris,
before thir witnes, Schiris Johne Morisoun, Johne Bridyne,
notaris, Johne Hechet, Mungw Hawstoun, burgess of Gles-
gw, and Dauid Morisoun.
Wilzem Maxwell, with
my hand on the pen.

1527.] CHARTERS AND FAMILY PAPERS. 257
Bond of Maintenance by Gawyne [Dunbar], Archbishop of Glasgow, in
favour of George Maxwell of Kowglen, 8th December 1527.
111. Be it kend tUl aU men be thh present letteris, ws, Gawyne be the mercy of
God Archibischope of Glasgw, forsamekiU as ane nobhl man, George Maxwell
of Kowglen, hes gevin tUl ws his manrent aganis aU personis, except his aUe-
gians tUl our souerane lord the King and seruice tiU the Lord MaxweU, as is
at mayr lenth contenit in the said lettir of manrent ; tharfor to be bundyn and
obhst, and be thir presentis byndis and obhssis ws, that we saU at our power
manteyne, suple, and defend the said Georgis and his seruandis in aU and
syndry his lefuU and just quereUs and actionis, and saU tak afald part, suple
manteinans and defence of the said George in quhatsumeuery lefull and just
actionis movit or to be movit agayne the said George be quhatsumeuery per-
soun, or to be movit be him agayne quhatsumeuery persoun, saifand our aUe-
gians tUl our souerane lord the Kyng alanerly, to do to the said Georgis in aU
thingis as faUis or pertenys to ane lord or maister to do his seruand or man :
and to the obseruyng and kepyng of aU and syndry thh premisses, we obhss
ws lelely and trewly, but fraud or gUe. In witnes of the quhUk thing, tiU this
owr present lettir of manteinans we haif affixt our rownd seUl, at our cite of
Glasgw, the aucht day of December, the zeir of God ane thousand five hundretht
and twenty sevin zeris, and of our consecratioun the thryd zeir.

Extract from the Eecords of the Barony Court of Glasgow, relative to
the entry of George Maxwell of Kowglen to the four merk land of the
Eystchelys of Go wane, 10 th December 1527.
112. The court off the baronrye off Glasgw, halding in the wiccar's place off the
vol. i. 2 k

258

CHARTERS AND FAMILY PAPERS. [1527.

qweh, in presens off ane maist reuerend fadyr in God, Gawane, Archibischop
off Glasgw, be ane honerabUl man, Archibauld Dunbar off the Blakcraeg,
balzae off the said baronrye, on Tysday the tent day off the monetht of De
cember, in the zeh of God ane thowsand ffiff hundreitht and xxvii zehis ; the
sowttis caUit, the dempstar sworn, the court fensyt and confeirmyt :
The namis of the Inqueyst.
Eobert Steward off Myntto. Dauid Muirheyd.
Georgis Maxwell off the Kowglen. Jhone Hogge.
Georgis Colquhone off the Glen. Wylzem Lowtheane.
Thomas Foret. Eobert Newlandis.
Adem Steward. Jhone Scot in Kenmure.
Wat Steward. Thomas Wedderop, eldar.
Alexander Hommyll. Jhone Gelys.
Hendrie Dwn. Jame Anderson, zonger.
Jams Anderson. Jame Wedderop.
Jhone M°Knaer.
The qulhlk day Georgis MaxweU off the Kowglen, and Jhone MaxweU
his son and apperand aer, was callit and rasawit, in the plane court, in to my
Lordis rentaU, and the langest lewar off thame twa, in to the four mark land
of the Eystchelys off Gowane and Gowane Haggis, quhilk ane maist reuerend
fadyr in God, Eobert byschop off Orkynna, wes in rentaU off befor, and hes
gewin our his kyndnes off the saydis landis to the saydis Georgis, his brodyr,
be his procuratorye red and admittit in plane cowrt, thairapone beris wytnes
ane honorable woman, Elezabetht Steward, ladye off Neddyr PoUok, and modyr
to the sayd Georgis, brukand the proffettis off the saydis landis for hyr lyfftyme
alanerlye ; and alswa the forsaid Georgis, Jhone his son, and the langest lewar
off them twa, was caUit and rasawit in my lordis rentaU in the f ourttye schilling
land off the Ty twoud, quhilk Jhone Fowlar had off befor ; off the quhUkis the
saydis Georgis and Jhone askyt rolmenttis and the court to wytnes.
Extractum de libro actorum baronie Glasgwensis per me Michaelem
Flemyng, clericum dicte curie, ac notarium pubhcum, manu propria,
M. F.

1528.] CHARTERS AND FAMILY PAPERS. 259
Assignation by Eobert Steward of Mynto to George Maxwall of
Kowglen, 14th August 1528.
113. Be it kend tyl aU men be thir present letters, me, Eobert Steward of Mynto,
lard of Hammyltonis ferm, to haif maid, constitut, and ordanit, and be thir
presentis makis, constitutis, and ordanis ane honorabiU man, my weUbelouit
frend, Georgis Maxwall of Kowglen, my veray lauchtfuU, indowtit, and irreuo-
cable heretable cessonar and assignay to relax and redeym fra Alexander
Lyndsay of Corsbaskat aU and haUl the thridpert of my fyfe pwnd land of
Hammyltonis ferm of auld extent, with the pertinens, lyand within the barone of
Hammyltone and the schirefdome of Lanark, analeit to the said Alexander apone
the sowme of ane hundretht pwndis, efter the form of the reuersion maid to
me be the said Alexander ; geifand, granttand, and transferrand in and to the
said Georgis, my heretable cessonar and assigna, all rycht, clame, tytill of rycht,
that I, my airis or assignais, hes or mycht haife, in and to the relaxin and
redemyng of the sammyn, wytht fuU powar the said Alexander, hes airis or
assignais to warne, to the said lowsyng and redemyng of the saidis landis, efter
the forme of the reuersion ; instrumentis, documentis ther apone, to ask, requh,
and rais, the said sowme of ane hundretht pwndis to the said AUexander, his
aeris or assignais, to deliuer, quhUk beand dehuerit or nowmerit, efter the forme
of the said reuersion, instrumentis and documentis therapon to tak, require
and rais, the chartouris, euidentis and documentis of the saidis landis fra the
said AUexander to rasaife ; quhylk landis beand lowsyt and redemyt, the mahs,
profettis and dewiteis therof tyll his awin wis to rasaife, inbring and wptak ;
the tennandis, inhabitures of the sammyn, befor quhatsumeuere juge or jugis, geif
neid beis, to caU, conueyn, and for the sammyn to distrenze and pwynd, be the
tennour of ane chartour and documentis to be maid to him therapon, quhilk I
promitt and obles be thir presentis, to mak and seUl in dew form ; and generalie
aU wdir thingis to do, hant and excers, that to ane heretable assigna or ces
sonar is haldin to pertein, or that I my selfe mycht do and I war present in
propir person ; haldand and for to haid ferm and stable aU and sindry quhat-
sumeuir the said my cessonar and assigna in thir premissis haldis to be done
wnder the ypotheik and obligation of aU and syndry my gudis, mouabiU and
wnmouable, present and for to cum. In witnes of the quhilk thing, to thh my

260 CHARTERS AND FAMILY PAPERS. [1528-30.
present letters of assignation, subscribit wytht my hand, I haif hwngin my
proph seyU, at Glasgw, the fourten daye of the monetht of August, the zeh of
God ane thowsand fyfe hundretht and tuenty aucht zeris, be for thir witnes,
maister Jhone Eeid, vicar ofthe Mernys, maister Dauid Dwn, MichaeU Flemyng,
and Henry HaU, wytht wderis diueris. Eobert Stewart of Mynto, v' my hand.
Contract betwixt Matthew Earl of Lennox and Sir James Hammiltoun
of Fynwart, Knight, and their friends, 14th February 1530-1.
114. At Sthlyng, the xihj daye of Fabruarij, the zere of God 1™ v? tuenty tene zereis :
It is appuntit, acgreit, and fenaly concordit betowx a nobill and mychty lord,
Mathow ErU of Lennox, with consent and assent of ane reuerend and wenara-
bUle fauderis in God, Eobert Byssop of Orknaye, James Abbot of Drybrucht,
honorabiU men, Jhone Colquhone of Lus, knycht, AUane Stuart of CraghaU, for
his kyn and. frendis, serwandis, and part takkaris, on that ane part; Schh
James Hammiltoune of Fynwart, knycht, sowne to ane nobUle and mychty lord,
James Erie of Arrane, in the nayme and behaf of the sayd Erie of Arane, and
for hym self, thah kynne, frendis, and serwandis and part takaris, on the tother
part, in mannyr, forme, force, and effeck as efter foUows : That is to say, remoyff
and tak away aU displessouris, onkyndnes, suspecione, and hatran conseut be
the sayd Mathow Erie of Lennox, his kynn, frendis, serwandis, and part takaris,
aganis the sayd James Erie of Arane, ayr and successor to vmquhiU James Erie
of Arrane, his fauder, and aganis the sayd Schir James, thah kynne, frendis,
serwandis, and part takaris of the slauchtyr of wmquhUl Jhone Erie of Lennox,
commetyt besyd Lythquhow ; quhilk slaucthir the said Schir James denyit to
haf beyne commhittit be his kynne, frendis, and part takaris now on lyf, or he
or thai war art and part therof, and offerris him redy to onderly the law therof
withowt ony respet or remyssion : Neuer the les, to remow and put away aU the
for sayd onkyndnes, rancoris, displessor, suspecion, and hatran conset for the
sayd slaucthyr, and for specieU a now concord and frendschip to be obseruit
and kypit betoux the saydis erles, Schh James, thah kynne, frendis, serwandis,
and part takarris, and euery behalf, in aU tymes cummyng, conform to thah
propinquite and tendernes of blud, the sayd Schh James, in nayme and behalf

1530.] CHARTERS AND FAMILY PAPERS. 261
of the sayd Erie, his breder, and of hym self, thah kynne, frendis, and part
takarris, byndis and obhces tham to do and fulfyiU, to the honor and plesor of
the sayd Erie of Lennox, as efter fowUows : In the ferst, the sayd Schh James
saU fe sax chaplannis 'on the expensis of the sayd erle his bruder, bis awyne, to
syng and do sufforhe for the sawiU of the sayd wumquhUl Jhone Erie of Lennox,
for the spas of vii zenis nixt to cum efter the dait her of ; thre of tham to syng
coniuncle in the collodg kyrk of HammUton, and wder thre of tham to syng
in the blak freris of Glasgow, quher the sayd wumquhUl Jhone lyis, and sail
pay to elkane of the sayd chaplannis zerly the sowme of x libris. The sayd
Schir James sail pas hym self, or caus to pas, at our souerand lordis plesour,
thre hed pUgrimage of Scotland, and thar saU caus prayarris, and suffurahs to
be downe for the sawiU forsayd : Item, the said Schh James saU gyft to the
sayd Erie his band of manhud in the best forme, for all the dayis of his lyf,
his haU grant to the kyngis grace, my Lord of Arrane his schef aUanerle
eccepit. Item, for owor of the ward, at the kyngis grace plessour and the sayd
Erie of Lennox, the sayd Schh James saU cum sarkaUane to the mercat croce
of Edinburht, Styrlyng, Glasgow, as plesses the kyngis grace best, and than sail
offer ane nakyit schowrd be pute to the sayd Erie of Lennox. Item, the sayd
Schir James leueis and dischargis aU bandis of ony dowUand within the bar-
ranry of Eanthrow and Lennox, that war men be for to the sayd Erie of Len
nox and his fauder, sua it salbe lefuU to thame to bynnd thame in manrend to
quham thay plesor. Item, the sayd Schh James saU solest at his vtermast
power to cauis the Lord AwandaiU to consent that the sayd Erie of Lennox be
enterit incontynent to the scheneffschip of Dunbartane and balzaroy of the
Lennox ; and als saU solest the Abbot of Paslaye to grant the sayd Erie of
Lennox to haif syc preuelegis, kyndnes, and profettis of the said abbaye as his
sayd wumqUle fauder haid, and prede[ce]ssoris hafand a befoir. Item, the
said Schir James saU renunce and ourgyf owre in the handis of our sayd
souerane lordis the tak and aU wder rycht that he has in and to the kyppyng
of the casteU of Dunbartane, to be disponit be his grace frelye as he thynkis
expediend, saffand the takkis mayd be the said Schir James to Wylzam Ster-
lyng, now constabill of the sayd casteU, for aU zerris and termes that he has to
ryn, with aU profettis and debittis pertenent therto. Item, the sayd Schh
James saU renunce and our gyf in owre souerand lordis handis the gyft of the

262 CHARTERS AND FAMILY PAPERS. [1530.
nonentres, and all rycht that he has ther to, of the maiUes, fermes, and debettis
of all and haUl the landis of Crukys-fie and Enchinneyn, baitht properte and
tennandry, and thar pertenens, sen the deces of wumquhUl Mathow Erie of
Lennox, and to be disponit agayne be his henes to the sayd Erie of Lennox,
his arris and assyngnayis, exceppand the profettis of the tennandris pertenand
to the Lord Erskyne and the Lard of Mento, and thar tennendres, als mekyU
as the layf, to be haldyn of the sayde Erie of Lennox. Neuertheles, the sayd
Erie saU ralef the sayd Schir James of the sowme of xvj merkis within ressauit
be hym fraye the tennandis of the sayd landis for thah tennandres, and sa bynd
hym herto or fend sufficiandt souerte as the sayd Schir James desyris ; and be
caus the sayd Erie of Lennox and his frendis forsaydis dowttis the sayd renun-
ciatione of the gyft of the nonentres forsaydis, and the gyft to be gyfin to hym
agayn therof of the said landis and tennandres, with thah pertenens, wyU nocht
be sufficient and profitabhl to the sayd Erie without the decret gewyn be lordis
of consaU at owr souerand lordis instens, and the sayd Schh James hawand
the gyft forsayd be retrettit, ther for the sayd Schh James byndis and obhces
hym that he sail nocht na inpediment, nor stop to the sayd Erie and his anis
to gayt the sayd decret refundit, bot rathyr saU contract and help to gayt the
sayd decret refundit, and sail do at his vtermost power aU wtyr thyngis that
is to hym possabhl to caus the sayd Erie haf his profet of the sayd landis, be
ressown of gyft of nonentres, or other wayis, as the said Erie and his frendis
can best dewys, that he may do, saffand his honeste, and for aU wder frendis to
be downe be the sayd Schh James, as sayd is ; the said Erie of Lennox, with
awyis and consente of his frendis, for hym self and his ahis, kyne, and frendis,
and serwandis and part takanis, dischargand the sayd Erie of Arran, the sayd
Syr James, and thar arris, serwandis, kyne, frendis, and part takarris, and als
How Erie of Eghntoune, Malcome Lord Flemeng, How Lord SummeU, Howe
CambeU of Loutoune, Andro Ker of Fernyhirst,
Mark Ker of Dowphistoun, thah kyn, frendis, serwandis, and part takaeris ;
James Dowglas of Dummerryk, and aU wder in company with the sayd wumqhT
James Erie of Arran, of his cousyng, and the tyme of his slauttyr of the sayd
Erie of Lennox, for aU akcionis ciuUe, creminabiU, displesor, rancour, and
wnkyndnes, suspecion, atran, consient conseut aganis tham, or ony of tham, for
the samen ; and in specieU, the sayd Schh James dischargis hym and his arris

153 0-31. J CHARTERS AND FAMILY PAPERS. 263
of aU actione, bayt ciueUe and crym[in]ale, quhilkis the sayd Erie has or may
haf ony manyr of wye, for ony caus bygayne, to the daye of the dait of thir
presentis, and saU mocht a letter of dischargis to the sayd Schh James of aU
thir promesses, in the best forme that he can dewys, ownder the sayd ErUes
awyne proph seU, and seUes of his frendis, togydder with the appensioun of our
sayd souerand lord[is] gret seU, to be protestit be the sayd Erie and his frendis
for the attoriseng heyr of. In witnes herof, aU the sayd partyis has subscryf bit
thir presentis with thar handis, daye, zer, and place forsayd, befor thh witnes,
an wanarabUl fader in God, Eobert Abbot of Glenlus, Master James FowUes,
Master Francis BoidwyU, Master James Nelsown, Master Georgis Khk, notar
publest, with vdderis dyuers.
Instrument of Discharge by Peter Houstoun in favour of Eobert Bischop
of Orkney, of a pension of the Provostry of Dunbertane, 7th June 1531.
115. In Dei Nomine Amen. Per hoc presens pubhcum mstrumentum cunctis pateat
euidenter quod anno Incarnationis dominice miUesimo quingenteshno trige-
shno primo, mensis vero Junij die septimo, indictione quarta, pontificatus sanc
tissimi in Christo patris et domini nostri, Domini Clementis diuina prouidentia
pape septimi anno octauo : In mei notarii publici et testium subscriptorum
presentia personahter constituti reuerendus in Christo pater et dominus, Eo
bertus permissione diuina episcopus Orcadensis, ex vna, et magister Petrus
Houstoun rector de Sanda, ex altera partibus ; quiquidam magister Petrus, ex
sua certa scientia, pura, hbera, et spontanea voluntate exonerauit, et presentis
instrumenti tenore exonerat dictum reuerendum patrem de sua annua pensione
quam habet de prepositura ecclesie coUegiate de Dunbertane de omnibus ter-
minis preteritis et futuris, secundum vim, formam, effectum et tenorem htere
exonerationis infrascripte, cuius tenor sequitur in vulgari, sub hac verborum
serie : I, Master Petir Houstoun, dischargis ane reuerend fader in God, Eobert
bischop of Orknay, of my pensioun of the provestry of Dunbertane, of aU and
sindry termes bigane and tocum, indurand the saidis reuerend faderis hfetyme ;
bot gif it happin me to tyne my personage of Sanda, in the diocy of Orknay,
be my inhabihte, in the quhilk cais gif it happinnis the said personage to tyne
be ony vthir wayis na my inhabihte, videlicet, and it happin to be optenit

264 CHARTERS AND FAMILY PAPERS. [1531-34.
be way of iustice fra me, in that cais this discharge to be of nane avale, force,
nor effect, bot to be exphit in ye self be this writ, subscriuit with my hand
at Edinburgh, the sevint day of Junii, in the zere of God 1° vP and thretty ane
zeris. Sequitur subscriptio dicti magistri Petri, M. Petir Houstoun with my hand.
Super quibus omnibus et singuhs premissis ambe partes predicte, a me notario
pubhco subscripto sibi fieri pecierunt hoc presens publicum instrumentum seu
pubhca instrumenta : Acta erant hee infra burgum de Edinburgh, hora septhna
ante merediem vel eocirca, sub anno, die, mense, indictione et pontificatu quibus
supra ; presentibus ibidem discretis et honestis viris, magistro Andrea HaU,
magistro Thoma MaxweU, WiUelmo MaxweU, Joh[a]nne Lowry, et Henrico
Guthry, testibus ad premissa vocatis pariter atque rogatis.
Et ego WUlelmus Meldrum arcium magister, clericus Abhdonensis diocesis,
sacra apostohca auctoritate notarius pubheus, quia etc.
Agreement between Eobert, Bishop of Orkney, and Master John Thorn
ton, relative to obtaining a dispensation for the marriage of John and
Ehzabeth MaxweU, 27th February 1534.
116. Pro Joanne Maxwell, laico, et EUzabeth ahas Besseta eciam Maxwell, muliere
Glasguensis diocesis, expediatur dispensatio quod possint inter se matrimonium
contrahere, et in contracto hcite remanere, non obstante impedimento secundi
et tercii gradus consanguinitatis quo inuicem sunt coniuncti, fiat dispensatio
super tertio cum declaratoria super secundo : Committatur Archiepiscopo Glas
guensi, loci ordinario, seu eius vicario generali aut officiah Glasguensi.
Eo. Orchaden, Eps.
Jo. Thornton, manu propria scripsit.
I, Mastir Jhone Thorntone, grantis me to haf resauit be the handis of ane
reuerend fadh in God, Eobert Bischop of Orknay, the sowm of twenty crownis
of the sone and wecht, in part of payment of the expeditione of ane dispensa-
tione to be sped and rasit in the court of Eome be me and my factores, betwk
Jhone MaxweU and Ehzabeth MaxweU, on the impediment off secund and thrid
degre of consanguinite of mariage to be contractit betwix the saidis Jhone and
Ehzabeth, and the saide reuerend fadh saU content and pay to me, the saide

1534-35.] CHARTERS and family papers. 265
Masth Jhone, the sowm of othir siklyk twenty crownis of sone and wecht, in
compleit payment of the fohsaid dispensatione, at the hayme cuming of the
same ; and als the saide reuerend fadir saU discharge and remit to me the said
Mastir Jhone, eftir the expeditione of the said dispensatione, the sowm of
fyfty ducatis of gold of the chalmer ; the quhUkis I the said Mastir Jhone is
oblist to pay to the said reuerend fadh in Eome, how sone the saide reuerend
fadir delyueris to me fyfty crownis of the sone in Scotland. In witnes of the
quhilk we haf subscrivit this present write wyth our hanndis, at Edinburgh,
the xxvij day of Februar 1534, befoh thir witnes, Mastirris Walth MaxweU,
chancellar of Murray, Alexander Scot, persone of Westray, and Mastir Thomas
Maktauis, notar publict, with vtheris diuers.

^•^»Gyi^;

Ita est Johannes Thornton, manu propria scripsit.

Dispensation for the Marriage of John Maxwel, son and heh of the late
George Maxwel of Cowglen, to Elizabeth Maxwel, daughter and heiress
of the late John Maxwel of NethirpoUok, 31st August 1535.
117. Vniuersis et singulis sancte matris ecclesie fihis ad quorum noticias presentes
litere peruenerint, et quos infrascriptum tangit negotium seu tangere poterit
quomodohbet in futurum, Adam Colquhoun, insignis metropolis ecclesie Glas
guensis Canonicus et eiusdem Officialis Generalis, ac commissarius et executor
ad infrascripta a sede apostolica speciahter constitutus, salutem in Domino.
Literas reuerendissimi in Christo patris et domini, Antonii miseratione diuina
titulo Sanctorum Quatuor Coronatoram Presbiteri Cardinalis, sanctissimi domini
nostri pape Penitenciarh, eius vero sighlis oblongis cera rubea albe impressa
in capsuhs feneis cum corduhs subrubei coloris more sacre penitenciarie apos-
tolice impendentibus, sigUlatas, sanas siquidem et integras, non rasas, non
viciatas, non canceUatas aut in earum aliqua parte suspectas, sed omni prorsus
vicio et suspicione carentes, vt in earum prima facie apparebat nobis, pro parte
vol. I. 2 l

266 CHARTERS AND FAMILY PAPERS. [1535.
Johannis Maxwel laici, filh' et heredis quondam Georgh Maxwell de Cowglen,
et Ehsabeithe alias Bessete Maxwel muheris, She et heredis quondam Johannis
Maxwel de NethhpoUok, Glasguensis diocesis, in ipsis Uteris apostoUcis princi-
pahter nommatoram, et pro earum executione presentatas et exhibitas, nos
cum ea qua decuit reuerentia, coram notarhs et testibus infrascriptis noueritis
recepisse huiusmodi sub tenore.
VenerabUi in Christo patri Dei gracia Archiepiscopo Glasguensi, vel eius
vicario in spirituahbus seu officiah generali, Antonius miseratione diuina titulo
Sanctorum Quatuor Coronatorum Presbiter Cardinalis, salutem et sinceram in
Domino charitatem. Sedis apostohce prouidencia chcumspecta nonnuncquam
rigorem iuris mansuetudine temperat, et quod sacrorum canonum prohibent
institute de gracia benignitatis indulget, prout personarum et temporum quali-
tate pensata, id in Deo salubriter expedire cognoscit. Sane ex parte Johannis
Maxwel laici, et Ehsabeithe ahas Bessete etiam Maxwel, muheris vestre diocesis,
nobis oblate peticio continebat quod ipsi ex certis racionabihbus causis deside-
rant inuicem matrhnonialiter copulari, sed quia tertio consanguinitatis gradu
inuicem sunt coniuncti, desiderium eoram in hac parte adimplere non possunt,
dispensatione apostolica super hoc non obtenta ; quare supphcari fecerunt humi-
hter dicti exponentes eis super his per sedem eandem nhsericorditer prouideri.
Nos igitur eorum in hac parte supplicationibus inclinati, autoritate domini
pape cuius penitenciarie curam gerimus, et eius speciali et expresso mandato
super hoc viue vocis oraculo nobis facto, circumspectioni vestre committimus
quatenus, si est ita cum ipsis exponentibus, quod, impedimento consanguinitatis
huiusmodi non obstante, hbere valeant inter se matrimonium contrahere, et in
eo postmodum hcite remanere, nhsericorditer dispensetis, dummodo dicta mulier
propter hoc ab ahquo rapta non fuerit, prolem suscipiendam exinde legitimam
decernentes. Datum Eome apud Sanctum Petrum, sub sigiUo officii peniten
ciarie, xvhi kalendas Man, pontificatus domini Pauh pape terch anno primo :
Et sic finit huiusmodi dispensationis bulla : Sequitur buUa declaratoria.
VenerabUi in Christo patri Dei gracia Archiepiscopo Glasguensi, vel eius
Vicario in spirituahbus seu Officiah generali, Antonius miseratione diuina titulo
Sanctorum Quatuor Coronatorum Presbiter Cardinalis, salutem et sinceram in
Domino charitatem. Ex parte Johannis Maxwel laici, et Ehsabeithe ahas
Bessete etiam Maxwel, muheris vestre diocesis, nobis oblate peticio continebat

1535.] CHARTERS AND FAMILY PAPERS. 267
quod ipsi nuper quasdam commissionis hteras in certa et sohta forma vobis
dhectas a sede apostohca obtinuerunt, continentes vt, non obstante quod tertio
consanguinitatis gradu inuicem sunt coniuncti, hbere valeant inter se matrimo-
nium contrahere, et in eo postmodum hcite remanere, dispensaretis misericorditer
cum eisdem ; tamen ipsi timentes literas huiusmodi ex eo fore sunepticias et
inualidas, quod vnus ipsorum exponentium secundo alter vero tertio gradibus
a stipite communi distabant, et quod alter eorum distaret secundo in ipsis hteris
meniio aliqua facta non fuit, supphcari fecerunt humihter eis in hac parte per
eandem sedem misericorditer prouideri : Nos igitur attendentes quod fehcis
recordationis dominus Gregorius papa vndecimus quaslibet dispensationis
literas in casu simili ab eadem sede obtentas et obtinendas, omissione mentionis
de distantia secundi gradus predicti non facte in dispensationibus ipsis nequa-
quam obstante, validas et sufficientes existere, ac robur plenarie firmitatis habere
auctoritate apostolica declarauit, auctoritate domini pape cuius penitentiarie
curam gerimus chcumspectioni vestre committimus, quatenus iuxta huiusmodi
apostohcam declarationem predictas commissionis literas sufficientes decernatis,
et validas perinde existere ac si in eisdem de distantia secundi gradus predicti
mentio facta foret. Datum Eome apud Sanctum Petrum, sub sigiUo officii peni
tentiarie, xvhi kalendas Man, pontificatus domini Pauli pape tercii anno primo :
Et sic finit huiusmodi buUa declaratoria.
Post quarumquidem htterarum dicti reuerendissimi patris ymmouerius
apostohcarum presentation em et receptionem nobis et per nos, sic vt premitti
tur factas, fuimus per dictos Johannem et Elisabeitham ahas Bessetam in ipsis
literis apostohcis principahter nominatos, et coram nobis personahter consti
tutes, debita cum instancia requisiti quatenus ad executionem dictarum litera
rum et contentorum in eisdem, iuxta traditam seu directam a sede apostolica
nobis formam, procedere dignaremur : Nos igitur attendentes requisitionem
huiusmodi fore iustam et rationi consonam, volentesque mandatum apostohcum
nobis desuper directum reuerenter exequi, vt tenemur, de et super vniuersis et
singuhs in dictis literis apostohcis contentis, receptis primitus nonnulhs fide-
dignis testibus ad sacrosancta Dei juratis, habitaque dUigenti inquisitione super
noticia impedimentorum prescriptorum ; et quia per testium huiusmodi deposi-
tiones, et inquisitionem desuper factam, comperhnus suprascriptos Johannem et
Elisabeitham alias Bessetam tertio consanguinitatis gradu a communi stipite
respectiue distare et inuicem attinere, ipsamque Elisabeitham alias Bessetam

268 CHARTERS AND FAMILY PAPERS. [1535.
minime raptam extitisse, ac ipsos ad huiusmodi dispensationis gratiam obtinen-
dam habiles fore concepimus : Idchco, autoritate apostohca nobis commissa, et
qua funghnur in hac parte, cum dictis Johanne Maxwel et Elisabeitha ahas
Besseta Maxwel, vt matrimonium inter se hbere contrahere et in eodem
postquam contractum fuerit remanere hcite valeant, misericorditer duxhnus
dispensandum, prout tenore presentium dispensamus, prolemque exinde susci-
piendam legitimam fore decernimus, non obstante impedimento tercii gradus
consanguinitatis predicto ; necnon huiusmodi commissionis litteras pro parte
dictorum Johannis et Ehsabeithe alias Bessete pro matrimonio inter eosdem vt
premittitur contrahendo impetratas, non esse nee fore inuahdas et surrepticias,
sed sufficientes et vahdas existere, ac robur plenarie firmitatis in se habere et
continere, iuxta et secundum constitutionem fehcis recordationis Gregorii pape
vndecimi, non obstante quod in huiusmodi commissionis htteris secundi con
sanguinitatis gradus, quo vt premittitur, dicti Johannes et Elisabeitha alias
Besseta inuicem attinent et a stipite communi distant mentio facte non fuerit,
perinde ac si in eisdem htteris de distancia secundi gradus predicti mentio
facta fuerit, autoritate apostolica suprascripta decernimus et declaramus, et
premissa omnibus et singulis quorum interest innotescimus per presentes : In
quorum omnium et singulorum fidem et testimonium premissorum has pre
sentes nostras litteras, siue hoc presens pubhcum instrumentum processum
huiusmodi nostre dispensationis in se continentes, exinde fieri fecimus, et per
notarios pubheos subscriptos subscribi et publicari mandauimus, sighlique
nostri jussimus et fecimus appensione communhi : Datum et actum apud
ciuitatem Glasguensem, in ecclesia fratrum minorum, horam circiter octauam
ante meridiem, die vltimo mensis Augusti, anno Domini mUlesimo quingen-
tesimo trigesimo quinto, indictione octaua, pontificatusque sanctissimi in Christo
patris et domini nostri, domini Pauli pape prelibati anno primo ; presentibus
ibidem venerabUibus et discretis viris, magistris et dominis, Valtero MaxweU
Morauiensis ecclesie canceUario, GUberto Benyng, Matheo Stewart, ecclesie
metropohtane Glasguensis canonicis, Alexandro Hammyltoun regente Peda-
gogh Glasguensis, necnon honorabUibus vhis, Valtero Maxwel de Akinheid et
WUelmo MaxweU de Carnwedrig, clericis et laicis Glasguensis diocesis, testibus
ad premissa vocatis pariter et rogatis.
Et ego Nicolaus Withhspoun artium magister, presbiterque Glasguensis
diocesis, publicus apostolica et regali autoritatibus notarius, etc.

1535.] CHARTERS and family PAPERS. 269

Proclamation of Banns of Marriage between John Maxvell of Covglen
and Elisabeth Maxvell, daughter of the late John Maxvell of Pollok,
15th January 1535.
118. Vniuersis pateat per presentes, me dominum Thomam Gibsoun, capeUanum et
curatum ecclesie parochiahs de Dunbertene, tria banna matrimonialia fecisse et
proclamasse in predicte ecclesia publice coram parrochianis, ut moris est, inter
Johannem MaxveU filium et heredem olim Georgh MaxveU de Covglen, meum
parochianum, ab vna, et Elisabeth MaxveU filiam et heredem quondam Johannis
MaxveU de Pollok, paxrochianam de Estvod, ab altera, per tres dies solempnes
et disiunctos, diebus ferialibus intermediantibus, et nuUum impedimentum seu
obstaculum reperi quin dicte partes matrimonium ac sponsaha in facie ecclesie
in Christo possunt ac valeant solemnizare ; et hoc omnibus quibus interest aut
interesse poterit notifico per presentes. Datum apud burgum de Dunbertene,
per me predictum curatum, die xv" mensis Januarij, anno Domini mUlesimo
quingentesimo trigesimo quinto.
Thomas Gibsoun, capeUanus et curatus, manu propria
tam subtus quam supra.
Instrument upon the Marriage between John Maxvell of Cowglen and
Elizabeth Maxvell, heiress of NetherpoUok, 16th January 1535.
119. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
evidenter et notum sit quod anno Domini miUesimo quingentesimo tricesimo
quinto, die uero mensis Januarii decimo sexto, indictione nona, pontificatus
sanctissimi in Christo patris et domini nostri, domini Pauli [pape] terch anno
secundo : In nostrorum notarioram pubhcorum et testium infrascriptorum per
sonahter constituti Johannes MaxveU, fifius et heres quondam Georgh Maxvell
de Cowglen, et Elezabetht alias Besseta MaxveU, filia et heres quondam Johannis
Maxvell de NedderpoUok, comparentes apud ostium australe ecclesie coUegiate
Beate Marie, prope Dunberten, Domino Thome Gibson, curato ecclesie perochialis
de Dunberten, exposuerunt se veUe matrimonialiter copulari et matrimonium
in facie ecclesie solemnizare, et instanter requisierunt dictum curatum officium

270 charters and family papers. [1535.
huiusmodi solemnizationis adinplere : Quiquidem curatus eorum petitionem
iustam considerans, huiusmodi officium super se acceptauit, et huiusmodi
officium, prout juris et moris est, in matrimonio fiendo compleuit : Quiquidem
Johannes et Elezabetht, ante dicte matrimonie solemnizationem, produxerant
litteras testimoniales bannorum, quorum tenores sequuntur et sunt tales: et
primo sequitur httera bannorum pro parte dicte Elezabetht.
Wniuersis et singulis pateat per presentes me, Dominum Walterum Dun-
slesone curatum de Estvod, fecisse ac proclamasse tria banna de jure requisite,
mediantibus feriis, inter Johannem MaxveU fihum et heredem quondam Georgh
Maxvell de Cowglen, existentem nunc parochianum de Dunberten, et Bessetam
MaxveU de NetherpoUok parochianam meam de Estvod, videlicet, primum
bannum factum et proclamatum in prima dominica Aduentus Domini, secun
dum bannum in die Sancti Andree Apostoli, et vltimum bannum in Dominica
secunda Aduentus Domini, et nuUum invenisse impedimentum quin predicte
partes possunt ad invicem contrahere matrimonium in facie ecclesie : et hoc
omnibus per presentes innotesco. Datum apud Glasgow, decimo tertio Januarii,
anno Domini etc., tricesimo quinto, sub nostra subscriptione manuali. Sequitur
subscriptio, Walterus Dunslesone manu propria, curatus de Estwod : Sequitur
suprascriptio confratri suo curato de Dunberten seu cuicunque alteri capeUano.
Quequidera httere testimoniales prescripte recognite fuerunt per wenera-
bilem virum, Magistrum Jacobum Houstun, subdecanum Glasguensem ac vica-
rium de Estuod, et Magistrum Matheum Flemyng capellanum, et VUelmum
MaxveU, cum diuersis aliis. Sequitur tenor litterarum bannorum pro parte dicti
Johannis. — [Vide No. 118, supra.]
Quasquidem litteras predictas predictus Dominus Thomas Gibsone cura
tus approbauit et ratificauit. Super quibus [omnibus] et singuhs reuerendus
in Christo pater et dominus, Eobertus Episcopus Orchadensis, ex parte dic
torum Johannis et Bessete alias Elizabeth, ac etiam prefati Johannes et Besseta
ahas Elizabeth petierunt a nobis notarhs pubhcis subscriptis sibi fieri vnum
seu piura pubhcum aut pubhca instrumentum aut instrumenta : Acta erant
hee apud dictam ecclesiam collegiatam Beate Marie, sub anno, die, mense,
indictione et pontificatu quibus supra, hora quasi decima ante meridiem aut ea
circa ; presentibus ibidem honorabUibus viris, Magistro Jacobo Houstoun sub-
decano Glasguensi, Waltero MaxveU de Akynheid, Waltero Crafurd de Ferm,

1535-36.] CHARTERS AND FAMILY PAPERS. 271
WUlelmo MaxveU de Kervedrig, Johanne SmoUat, Thoma FallusdaUl, Johanne
Palmer, burgensibus de Dunberten, Dominis Thoma Palmer, Jacobo FaUusdaiU,
Johanne Akynheid, Winfrido Lyndesay, capeUanis, cum multis aliis ad premissa
vocatis pariter et requisitis.
[Andreas Hall, A.M., Alexander Craik, et Petrus Houstoun,
diocesis Glasguensis notarii.]
Discharge by John Gwid and Thomas Bargille, masons, to Eobert Bishop
of Orkney, for 20 merks, for building the tower of Pollok, 16th July 1536.
120. We, Jhone Gwid and Thomas BargUle, maister masons to my Lord Orknaye of
the byggyn of the towr of PoUok, granttis ws resat fra our said Lord tuenty
merkis, conforme to the promeis and contract maid be tuex our said Lord and
ws, be foir the official of Glasgw and Maister James Howstoun, Subdeyn of
Glasgw, for completyng of the hail work of the towr of Neddir PoUok, and
ryggeyn stayne onpwtteyne, and swa restis awand to ws be the said Lord
Orknaye, tuenty libris, to be payit to ws as the contrac beris ; of the quhUk
tuenty merkis we dischargis the said Lord, his ayris, executouris, or assignais
for ws and [our] ayris, executouris, and assignais, for now and evir. In witnes
of the quhUk thyng we haif pwt our hand to the pen, at Neddir Pollok, the xvi
day of July, in the zeh of God ane thousand fyif hundreth and thretty vi zeris ;
befoir thir witnes, Schh Dauid Mason, chapplan, Jhone Weh, masoun, Dauid
Maxwel and Andro Allan, Schir Jhon Slesoun, chaplan, with wderis diueris.
I, Jhone Gwid, with my hand on the pen.
I, Thom Bargille, with my hand on the pen.
Ita est dominus Johannes Slesoun capeUanus, manu propria.
Precept of Clare Constat by Eobert Lord Maxwell, for infefting Eliza
beth Maxwell, daughter and heir of the late John MaxweU of PoUok,
in the lands of Nethh PoUok and Carnwedderik, 9th August 1536.
121. Eobertus Dominus MaxweU, ac dominus superior terrarum subscriptarum, di
lectis meis Thome Wyccar, Archibaldo Hartbertson, ac eorum alteri coniunctim
et diuisim, baUiuis meis in hac parte speciahter constitutis, salutem. Quia

272 CHARTERS and family papers. [1536.
michi per auctentica documenta clare constat et est notum quod quondam
Johannes MaxveU de Nethir Pollok, pater EUzabeth MaxweU, latricis presen
tium, obht vltimo vestitus et sasitus vt de feodo, ad pacem et fidem supremi
domini nostri Eegis, de omnibus et singulis terris de Nethir PoUok, Carn
wedderik, cum suis annexis, pendiculis et pertinenths quibuscumque, iacentibus
in baronia de Eenfrew et infra vicecomitatum eiusdem ; et quod dicta Ehza
beth, latrix presentium, est legittima et propinquior heres predicti quondam
Johannis, patris sui, de omnibus et singuhs predictis terris cum singuhs suis
annexis, pendiculis et pertinenths ; et quod est legittime etatis ; et quod dicte
terre de me tenentur in capite per seruicium warde et releuii ; et quod huius
modi in manibus meis tancquam in manibus domini superioris earundem nunc
existunt et deuenerunt ob causam mortis dicti quondam Johannis, patris ipsius
Elizabeth : Vobis igitur et vestrum cuUibet, coniunctim et diuisim, precipio et
mando, quatenus visis presentibus, indUate, statum, sasinam pariter et pos
sessionem corporalem omnium et singularum predictarum terrarum de Nethir
poUok et Carnwedderik cum suis annexis, pendiculis et pertinenths quibus
cumque, prefate Elizabeth MaxweU, tancquam legittime et propinquiori heredi
predicti quondam Johannis sui patris, vel suo certo attornato, latori presen
tium, secundum tenorem antiqui infeofamenti predictarum tenarum desuper
prius confecti, iuste deliberetis et haberi faciatis, sine dhacione, saluo iure
cuiushbet ; et hoc nuUo modo omittatis : Ad quod faciendum vobis et vestrum
cuUibet, coniunctim et diuisim, meam plenariam, liberam, et hreuocabUem
potestatem committo per presentes : In cuius rei testimonium sigUlum meum
presentibus est appensum, vnacum mea subscriptione manuali, apud Edin
burgh, nono die mensis Augusti, anno Domini mUlesimo quingentesimo tri-
geshno sexto ; coram his testibus, Magistro Alexandro Scot, rectore de Westray,
domino Thoma Castaris, vicario de Quhahslaw, Eoberto Magistro de MaxweU,
WUlelmo Stewart de Traquhair, et Magistro Hugone Eig, cum diuersis alhs.

T

1536.] CHARTERS AND FAMILY PAPERS. 273

Charter by Eobert Lord Maxwell to John Maxwell of Cowglen and
Elizabeth Maxwell his spouse, and their heirs-male, of the lands of
Nethh PoUok and Carnwedderik, 15th August 1536.
122. Omnibus hanc cartam visuris vel audituris, Eobertus Dominus MaxweU, ac
dominus superior terrarum subscriptarum, salutem in Domino sempeternam.
Noueritis me, pro bono et gratuito seruicio michi et predecessoribus meis multi-
pliciter impenso per predecessores Johannis Maxwell de Cowglen et Elizabethe
MaxweU eius sponse, necnon pro bonis consihis et auxihis ac certis pecuniarum
summis michi impensis ac gratanter et integre persolutis per reuerendum in
Christo patrem, Eobertum miseratione diuina Orchadensem Episcopum, con-
sanguineum meum, dedisse, concessisse, et hac presenti carta mea confirmasse,
necnon dare, concedere, et hac presenti carta mea confirmare prefatis Johanni
Maxwell et Elizabethe MaxweU, sue sponse, ac eorum alteri diucius viuenti, in
coniuncta infeodatione, et heredibus mascuhs de corpore eorum legitime pro
creatis seu procreandis ; quibus deficientibus, Eoberto MaxweU, fratri germano
dicti Johannis et heredibus suis mascuhs de corpore suo legitime procreandis ;
quibus deficientibus, dicto reuerendo patri Eoberto MaxweU Episcopo Orcha-
densi, et post eius decessum, WUlelmo MaxweU de Carnwederik suo fratri
germano, et heredibus suis mascuhs de corpore suo legitime procreatis seu
procreandis ; quibus omnibus forte deficientibus, legithnis et propinquioribus
heredibus mascuhs dicti Johannis quibuscunque, cognomen et arma de Maxwell
gerentibus et portantibus, omnes et singulas terras meas de Nethir PoUok, cum
caustro, fortahcio, manerio, ortis, pomerhs earundem, cum suis pendiculis et
annexis ad huiusmodi pertinentibus, videhcet, tenas de le Manis de Nethh
PoUok, PoUokschawis cum molendino eiusdem, necnon terras et vhlam de Polloks-
toun, lie Park, et PoUokhauch, vnacum terris de Carnwedderik et singuUs suis
pertinenths, iacentes in baronia de Eenfrew et infra vicecomitatum eiusdem ;
quequidem omnes et singule terre suprascripte, cum caustro, fortahcio, ortis,
pomeriis, manerio, molendino, pendiculis et annexis earundem, et singuhs suis
pertinenths, prius fuerunt dicte Elizabethe hereditarie, et quas eadem Elizabetha,
non vi aut metu ducta, nee errore lapsa, compulsa aut coacta, sed sua mera,
pura et spontanea voluntate, cum consensu et assensu dicti Johannis sui sponsi,
VOL. I. 2 M

274 CHARTERS AND FAMILY PAPERS. [1536.
in manibus meis, tanquam in manibus domini sui superioris earundem, per
sonahter, coram subscriptis testibus, sursum reddidit, ac per fustim et baculum
pureque et simpliciter resignauit, ac totum ius et clameum, proprietatem et
possessionem que et quas ipsa Elizabetha in seu ad predictas tenas, cum
caustro, fortahcio, manerio, ortis, pomerhs, molendino earundem, et singuhs
suis pendiculis, annexis et pertinenths prescriptis, habuit, habet aut quouis-
modo pro se, heredibus suis aut assignatis, habere poterit, omnino quittecla-
mauit imperpetuum. Tenendas et habendas omnes et singulas predictas terras de
Nethh PoUok, cum caustro fortahcio manerio, ortis pomerhs earundem cum suis
pendiculis et annexis ad huiusmodi pertinentibus et spectantibus, videhcet, dictas
terras de lie Manis de Nethir Pollok, PoUokschavis cum molendino, necnon
prescriptas terras de Polloktoun, lie Park, et Pollokhauch, vnacum prescriptis
terris de Carnwedderik, et singulis suis pertinenths, prefatis Johanni MaxweU
et Elizabethe MaxweU sue sponse, ac eorum alteri diucius viuenti in coniuncta
infeodatione, et heredibus mascuhs de corpore eorum legitime procreatis seu
procreandis ; quibus deficientibus, prefato Eoberto MaxweU et heredibus suis
mascuhs de corpore suo legitime procreandis ; quibus deficientibus, prenominato
reuerendo patri, et post eius decessum, sepefato WUlelmo MaxweU suo fratri
germano, et heredibus suis mascuhs de corpore suo legitime procreatis seu pro
creandis ; quibus omnibus forte deficientibus, legitimis et propinquioribus here
dibus mascuhs dicti Johannis quibuscunque, cognomen et arma de MaxweU
gerentibus et portantibus, de me, heredibus meis et assignatis, in feodo et
hereditate imperpetuum; per omnes rectas metas suas antiquas et diuisas,
prout iacent in longitudine et latitudine, in domibus, edificiis, boscis, planis,
moris, marresus, viis, semitis, aquis, stagnis, riuohs, pratis, pascuis et pasturis,
molendinis, multuris et eorum sequelis, aucupationibus, venationibus, pisca-
tionibus, petariis, turbariis, carbonariis, cunicuhs, cunicularhs, columbis, colum-
bariis, fabrihbus, brasinis, bruerhs et genestis, sUuis, nemoribus et virgultis,
lignis, lapicidhs, lapide et calce, cum curiis et earum exitibus, amerciamentis
herezeldis, bludewitis, et mulierum merchetis, cum communi pastura, libera
introitu et exitu ac cum omnibus alhs et singulis libertatibus, commoditatibus,
proficuis et asiamentis, ac iustis pertinenths suis quibuscumque, tam non nomi
natis quam nominatis, tam sub terra quam supra terram, procul et prope ad
predictas terras cum caustro, fortahcio, manerio, ortis, pomerhs, molendino,

1536.] CHARTERS AND FAMILY PAPERS. 275
annexis, pendiculis et pertinenths prescriptis spectantibus, seu iuste spectare
valentibus quomodolibet in futurum ; et adeo libere, quiete, plenarie, integre,
honorifice, bene et in pace, in omnibus et per omnia, sicut dicta Elizabetha aut
predecessores sui predictas terras cum suis pendiculis, annexis et pertinenths
suprascriptis, de me aut predecessoribus meis ante presentem resignationem
earundem in manibus meis factam, liberius tenuit seu possedit, tenuerunt seu
possederunt, ac sine retinemento, reuocatione aut contradictione quacumque :
Eeddendo hide annuatim prefati Johannes MaxweU et Elizabetha MaxweU eius
sponsa, ac eorum alter diucius viuens, et heredes masculi de corpore eorum
legitime procreati seu procreandi ; quibus deficientibus, sepefatus Eobertus
MaxweU et heredes sui masculi prescripti ; quibus etiam deficientibus, pre-
libatus reuerendus pater, et post eius decessum, memoratus WiUelmus MaxweU
et heredes sui masculi de corpore suo legitime procreati seu procreandi ; quibus
omnibus forte deficientibus, legitimi et propinquiores heredes mascuh dicti
Johannis quicumque, michi, heredibus meis aut assignatis, wardam et releuium
cum contigerint tantum, pro omni alio onere, exactione, questione, demanda
seu seruicio seculari que de predictis terris, caustro, fortahcio, manerio,
pomerhs, ortis, molendino, annexis, pendiculis et pertinenths prescriptis, per
quoscumque iuste exigi poterunt quomodolibet vel requiri : Et ego vero pre
fatus Dominus Maxwell, heredes mei et assignati, omnes et singulas predictas
terras de Nethir PoUok, cum caustro, fortahcio, manerio, ortis, pomerhs earun
dem, cum suis pendicuhs et annexis ad huiusmodi pertinentibus et spectantibus,
videhcet, dictas terras de he Manis, de Nethh PoUok, PoUokschavis cum molen
dino, necnon prescriptas terras de Polloktoun, he Park, et PoUokhauch, vnacum
prescriptis tenis de Carnwedderik, cum singulis suis pertinenths, prefatis Johanni
MaxweU et Elizabethe MaxweU sue sponse, ac eorum alteri diucius viuenti in
coniuncta infeodatione, et heredibus mascuhs de corpore eorum legitime pro
creatis seu procreandis ; quibus deficientibus, prefato Eoberto Maxwell et here
dibus suis mascuhs de corpore suo legitime procreandis ; quibus deficientibus,
prenominato reuerendo patri, et post eius decessum, sepefato WUlelmo Maxwell
suo fratri germano, et heredibus suis mascuhs de corpore legitime procreatis seu
procreandis ; quibus omnibus forte deficientibus, legitimis et propinquioribus
heredibus mascuhs dicti Johannis quibuscumque, cognomen et arma de Max
well gerentibus et portantibus, adeo hbere et quiete, in omnibus et per omnia,,

276 CHARTERS AND FAMILY PAPERS. [1536.
forma pariter et effectu, vt prescriptum est, contra omnes mortales warantiza
bimus, acquietabimus et imperpetuum defendemus. In cuius rei testimonium
sigiUum meum proprium huic presenti carte mee est appensum, vnacum sub-
scriptione mea manuali, apud Edinburgh, decimo quinto die mensis Augusti,
anno Domini mUlesimo quingentesimo trigesimo sexto, coram hhs testibus,
videlicet, Eoberto Maxwell fiho meo et herede apparenti, Patricio MaxweU de
Newerk, Georgio Flemyng de Kilmacome, Andrea Charteris Eectore de Kirk-
michaeU, Jacobo Stewart, Magistro Hugone Eig, Gawino Johnstoune, Donaldo
FuUartoune, Johanne MakneiU et Alexandro MakneiU, notarhs publicis cum
diuersis aliis.
Eobert L. Maxwell.

Charter by John Maxwell of Nethir Pollok and Elizabeth Maxwell his
spouse, of the liferent of the lands of Carnwedderik to William Max
well, and of the lands of PoUokhaucht to William Maxwell and Jonet
Cathcart his spouse, 27th August 1536.
123. Omnibus hanc cartam visuris vel audituris, Johannis Maxwell de Nethir PoUok
et Elizabetha Maxwall eius sponsa, salutem in Domino sempiternam : Quia
alias carissimus noster WiUelmus MaxweU, patruus mei dicti Johannis,
renunciauit, resignauit et extradonauit omnes et singulas terras de Guvanschehs
et Haggis cum pertinenths, in quibus renthisatus erat per archiepiscoijum Glas-
guensem, in fauorem mei dicti Johannis et quondam carissimi patris mei Georgei
MaxweU de Cowglen, ac eciam quia reuerendus in Christo pater, Eobertus
episcopus Orchadensis frater germanus prefati Willelmi, suis sumptibus
ad nostram requisitionem impetrauit dispensationem apostolicam pro matri-
monio inter nos dictos Johannem et Elizabetham Maxwell contrahendo, de
cuius impensis in fauorem dicti WUlelmi sui fratris et ad eius instanciam
nos exonerauit et quitteclamauit, necnon pro certis aliis gratitudinibus, auxihis
et benemeritis nobis per dictum WiUelmum multipliciter impensis, noueritis
igitur nos, non vi aut metu ductos, nee errore lapsos, compulsos aut coactos,
sed nostris meris puris et spontaneis voluntatibus, vnanimi consensu et assensu,
dedisse, concessisse, et hac presenti carta nostra confirmasse, necnon dare, con-
cedere et hac presenti carta nostra confirmare dicto WUlelmo MaxweU omnes

1536.] CHARTERS AND FAMILY PAPERS. 277
et singulas terras nostras de Carnwedderik, cum pertinenths, in vitalem reddi
tum durante toto tempore vite sue, necnon dicto WiUelmo et Jonete Cathcart
sue sponse, ac eorum alteri diucius viuenti in coniuncta infeodatione, eciam in
vitalem redditum, omnes et singulas terras nostras de PoUokhaucht cum per
tinenths, jacentes infra baroniam de Eenfrew et vicecomitatum eiusdem : Ten
endas et habendas omnes et singulas predictas terras de Carnwedderik cum suis
pertinenths prefato WiUelmo Maxwell in vitalem redditum, durante toto tempore
vite sue, necnon predictas terras de PoUokhaucht, cum suis pertinenths, prefatis
WiUelmo et Jonete Cathcart sue sponse, ac eorum alteri diucius viuenti in con
iuncta infeodacione, eciam in vitalem redditum vt dictum est, de nobis, heredibus
nostris et assignatis durantibus eorum vite temporibus, per omnes rectas metas
suas antiquas et diuisas, prout jacent in longitudine et latitudine, in domibus,
edificiis, boscis, planis, moris, marresus, viis, semitis, aquis, stagnis, riuohs, pratis,
pascuis, pasturis, molendinis, multuris et eorum sequelis aucupationibus, vena-
tionibus, piscationibus, petarhs, turbariis, carbonariis, cunicuhs cunicularhs,
columbis, columbarhs, fabrUibus, brasinis, bruerhs et genestis, siluis, nemoribus
et vhgultis, hgnis, lapicidhs, lapide et calce, cum curiis et earum exitibus,
amerciamentis, herezeldis, bludwitis et muherum merchetis, cum communi pas
tura, libero introitu et exitu, ac cum omnibus aliis et singuhs libertatibus, com
moditatibus, proficuis et asiamentis, ac justis pertinenths suis quibuscunque,
tam non nominatis quam nominatis, tam subtus terra quam supra terram, pro
cul et prope, ad predictas terras cum pertinenths spectantibus seu juste spec-
tare valentibus quomodohbet in futurum, hbere, quiete, plenarie, integre, hono
rifice, bene et in j>ace, sine aliquo impedimento, reuocatione, contradictione aut
obstaculo aliquali : Eeddendo inde annuatim dicti Willelmus et Joneta sua
sponsa, ac eorum alter diucius viuens, nobis, heredibus nostris et assignatis, vnum
denarium vsualis monete regni Scotie, in festo penthecostes, super solum dic
tarum terrarum de Carnwedderik, nomine albefirme, si petatur tantum, pro
omni alio onere, exactione, questione, demanda seu seruicio seculari, que de
predictis terris cum pertinenths, per quoscumque juste exigi poterunt quomo
dolibet vel requiri : Et nos vero prefati Johannes Maxwell et Elizabetha Max
well eius sponsa, heredes nostri et assignati, omnes et singulas predictas terras
de Carnwedderik, cum suis pertinenths, prefato WiUelmo MaxweU, in vitalem
redditum durante toto tempore vite sue, necnon predictas terras de PoUokhaucht

278 CHARTERS AND FAMILY PAPERS. [1536.
cum suis pertinenths, prefatis WiUelmo MaxweU et Jonete Cathcart sue sponse,
ac eorum alteri diucius viuenti in coniuncta infeodatione, etiam in vitalem red
ditum, adeo libere et quiete in omnibus et per omnia, forma pariter et effectu ut
premissum est, contra omnes mortales varantizabimus, acquietabimus, [et] duran-
tibus eorum vite temporibus defendemus. In cuius rei testimonium sigUla nostra
huic presenti carte nostre sunt appensa, vnacum nostris subscriptionibus manu-
alibus, apud Edinburgh, vigesimo septimo die mensis Augusti, anno Domini
miUesimo quingentesimo trigesimo sexto ; coram his
testibus, videlicet, Patricio Maxwell de Newwerk, Wal
tero Maxwell de Akynheid, Magistro Alexandro Scot
rectore de Westra, Eoberto Weir, Johanne Kyng, Do
minis Thoma Carstaris, Waltero Slichsoune, capeUanis,
Donaldo FouUartoun, Johanne MakneiU et Alexandro
MakneiU, notarhs publicis, cum diuersis aliis.*5'"

King James v. to John Maxwell of PoUok, to attend on the arrival of the
King with his Queen from France, 8th February [1536].
124. James, be the grace of God King of Scottis, to oure weilbelouit friend, [John
MaxweU] of Netherpook, greting : Forsamekle as we haue writtin to ane maist
reuerend fader in God, and oure traist counsalour, Gawin Archibischop of
Glasgw, oure chanceUar, and to the lordis regentis of oure realme, schewand
to thame oure greit weilfair and prosperite in all materis and effaris in the
pairtis of France, and specialie of the completing of our mariage with the
eldest dochter of the maist Cristin King, oure confiderate and aUia, 'the King
of France, to the hie honour, weilfair, and reiosing of ws and aU our liegis ;
exhortand our said chanceUar and regentis heirfor to caus sic ordinances and
honesteis to be had be our estatis as efferis, for the ressaving and blyth re-
turnyng of ws and our said denest spous and Quene : Oure wUl is heirfor, and
we pray zow rycht effectuusly, that ze, with zour kin, freindis, and servandis,
* The seal of Elizabeth Maxwell is also appended to this charter, and it is exactly the same
as her husband's, with the exception of the inscription, which is — S. Elizabeth. Maxuel dne de
Nethir Pollok.

1536-39.] CHARTERS AND FAMILY PAPERS. 279
addres zow in zour best wis, with honorable abulzeamentis baith for zour hors
and fute, with zour companyis, efferand to zour estait and degreis to ane few
honest novmer, as ze saU think expedient, for ressaving and meting of ws and
our said Quene, quhilk is belevit to be about the tent day of AprUe next
tocum, for zour awne honour ; and that ze be reddy to cum to our burgch of
Edinburgh, upone ten dais warnyng to the samin effect, as ze will report speciale
thankis of ws thahfor. Gevin vnder our signet at Edinburght, the vhj day of
Februar, and of our regne the xxiiij zeir. Per Dominos Consihj, etc.
Lard Netherpook.
Discharge by George Wr, burgess of Edinburgh, of aU debts owing to him
by Eobert [Maxwell] Bishop of Orkney, except £23, 28th August
1539.
125. At Dunbertene, the xxviij day of Awgust, the zeh of God ane thowsand fyif
hundretht thrctty nyne zeris, the compt is maid and rekynnit in aU thingis
bygayne, to the day and the dait of this present, betwex ane rewerend fader in
God, Eobart Byschep of Orknay and Zetland, one the ta part, and ane honor
able man, Georgis Wr, bwrges of Edinburgh, one the toder part, of all marchan-
dice, sowmis, beyr sawld be the said rewerend fader to the said Georgis Wr,
and all wder thingis betwex tham, and elk ane of tham dischargis wderis of aU
thyngis bygayne of ony thyngis betwex tham, in ony maner of sort, excep
allanerly that the said rewerend fader is awand to the said Georgis Wr twenty
thre libris in compleit payment of aU thingis bygayne betwex them ; quhUk
twenty thre libris the said rewerend fader promittis faithfuUy to pay to the
said Georgis Wr, betwex and the fyrst day of May nixt to cum ; and aU wder
writtyngis and obligations and conditions quhat sum ewer is betwex the
said rewerend fader and Georgis to [be] annuUit, distroyit, and dischargit,
excep aUanerly this present, and this to be obserwit and kepit. In witnes of
the quhilk thyng, and to the part ramanan witht the said Georgis Wr, the said
rewerend fader hais subscriwit this present writ, and set to his sygnet ; and to
the part ramanan witht the said rewerend fader, the said Georgis Wr hais sub-
scriuit this writ witht his hand at the penn, and sett to his mark, day, zeir, and

280 CHARTERS AND FAMILY PAPERS. [1539-40.
place afoyrsaid, befoyr thir witnes, Maister James MaxweU, wicar of Stronsay,
GUbart Wr, Eobart Weyr, Jhonne Cwyk, Jhonne Fleming, witht wderis diueris.
Eo. Orcaden. Eps.

Memorandum by Eobert [Maxwell] Bishop of Orkney,
24th October 1540.
126. Memorandum : Duncane Scolae, phow ze saU dehuer my fat gud that is in
WiUiam Thomsone schip, and rasaue my monye fray Dauid Woder-
burine, and deliuer it as efter foUowis : —
Item in primis, deliuer tiU Dauid Woderburine sewin last of butter, and
sewin dakar hidis, and iij pontionis beif.
Item, ze saU rasaue fray Dauid Woderburne twa hundreht merkis of vsuaU
monye of this relme, at deliuerans of the fat gud, as our contract beris.
Item, ze saU dehuer tiU Edward Kynked xvhj pundis, and tak his aquitans
thah of.
Item, ze seU dehuer tUl Adam Stewartis wif of Eaihtsytht, ten pund for
my hows maill, or eUis tUl WiUian Fullarton in thah absains, to be dehuerit
to tham, and tak his hand writ thairof, or thairis.
Item, ze sell deliuer tUl WUliam FuUahtown ten pund for the bairne,
Johne MaxweU, and tak his aquitans thair of.
Item, ze sell rasaue to zour self twenty pundis in payment tiU cowmpt
and rakynin. Item, ze sell dehuer tUl Culbert Paitown xl s. Summa thre** pundis.
Item, ze salbrying the remanens of the twa hundreht merkis to my self,
and se my obhgatione of every man ze gif monye to, and tak thah aquitans
for my warrand, and bryng me my obhgationes ; and this ze do, as ze wUl
ansowr to me, and haif cridens in tymis cummyng be this owr memorial, sub-
scriuit with owr hand onder owr signet, at Khkvald in Orknaye, the xxhij day
of October, the zeir of God ane thowsand fife hundreht and fowrty zehis, befor
thir witnes, WiUiam MaxweU, owr broder, Maister Alexander Wes, Jame
Dawrumple. E. Orchaden. Eps.

1540.] CHARTERS AND FAMILY PAPERS.

281

Instrument upon the dehvery to John Maxvell of Nedir PoUok of sUver
plate which belonged to the late Eobert Maxuell, Bishop of Orkney,
24th December 1540.
127. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter quod anno Incarnationis Dominice miUesimo quingentesimo quadra
gesimo, mensis vero Decembris die vicesimo quarto, indictione decima quarta,
pontificatus sanctissimi in Christo patris ac domini nostri, domini Pauh diuina
prouidentia pape tercij anno septimo : In mei notarh pubhci et testium sub
scriptorum presentia personahter constitutus honorabhis vir, VUlelmus MaxueU
de Carnedrig, comparuit in camera ohm reuerendi patris Eoberti Episcopi
Orchadensis de Zardis in Kirkuald coram venerabUibus et honorabUibus viris,
videhcet, Magistris lohanne Tyre archidiacono Orchadensi, Petro Houstone
rectore de Hoy, Jacobo MaxveU vicario de Stronsay, Eoberto HaU, dominis
Johanne Jacsone, Georgio Strang, capellanis, lohanne Euart, Duncano Scola,
Thoma Vicaris, Johanne Flemyng, Jacobo Daurumple, et Thoma Lech, et ibidem
in presenths predictorum virorum predictus ViUelmus MaxueU, non vi aut metu
compulsus aut errore lapsus, neque dolo aut fraude circumventus, sed eo proprio
motu et spontanea voluntate dedit et dehberauit Johanni MaxveU de Nedir
PoUok et dixit in vulgari, sub hac uerborum forma. Heir I delyuir to zow
awcht skoir and saxtene wnce, and half ane wnce of sUuer work maid, ane eras
and ane goldine rying, extending to ane levine crovnis and half ane crovne of
wecht, and this to be kepit be zow, and ze to ansuer therfor to the aris and
executouris of Master Eobert MaxueU, vmquhiU Bischop of Orknay, quham God
assolze. Et e conuerso, predictus Johannes MaxueU de Nether PoUok vulgariter
dixit. I saU keip the sammyn sUuer work befoir vretin, and ansuer for the
sammyne to the aris and executouris off vmquhiU Eobert Bischop of Orknay, as
law viU ; bot gif it be tane fra me in Orknay, or tynt or reft fra me be see.
Super quibus omnibus et singuhs ipse prefatus Johannes MaxueU de Nether
PoUok sibi fieri pecht instrumentum vel instrumenta vnum vel piura publicum
seu publica a me notario pubhco subscripto. Acta erant in camera ohm reuerendi
patris, Eoberti Episcopi Orchadensis de Zardis in Khkuald, hora secunda post
meridiem vel eo circa, sub anno, die, mense, indictione et pontificatu quibus
vol. i. 2 N

282 CHARTERS AND FAMILY PAPERS. [1540.
supra ; presentibus ibidem, Magistris lohanne Tyri, archidiacano Orchadensi,
Petro Houstone rectore de Hoy, Jacobo MaxueU vicario de Stronsay, Eoberto
HaU, dominis Johanne Jacsone, Georgio Strang, capeUanis, lohanne Euart, Dun
cano Scola, Thoma Vicaris, Johanne Flemyn, Jacobo Daurumple et Thoma
Lech, cum diuersis ahis ad premissa vocatis pariter et rogatis.
Et ego Alexander Vans, arcium magister, clericus Glasguensis etc.

Obligation by Sir John Maxwell of PoUok to keep the sUver-plate of the
late Eobert Maxwell, Bishop of Orkney, 24th December 1540.
128. Vecesimo quarto die mensis Decembris, anno Domini miUesimo quingen
tesimo quadragesimo, indictione decima quarta, Pauh pape tercii
anno septimo :
In mei notarii pubhci et testiumque subscriptorum presentia personahter con
stitutus honorabhis vir, Johannes MaxweU de Neddir Pollok, dixit in vulgari,
" I saU keip and ansuer for this siluer work to the airis and executouris of
Bischop Eobert MaxveU, quham God assolze, as law will, bot gif it be tane or
reft fra me in Orknay, or tynt be se." Super quibus omnibus et singulis, dictus
Johannes sibi fieri petht a me notario subscripto instrumentum seu instrumenta
publicum seu publica. Acta erant hee in camera reuerendi patris in Kirkwall,
Eoberti MaxveU, ohm episcopi Orchadensis, hora secunda post merediem vel
eo circa, sub die, anno, indictione, et pontificatu quibus supra ; presentibus
ibidem, magistro Johanne Tyre, archidiacono Zetlandie ac vicario de Birsay,
magistro Petro Houstoun, rectore de Hoy ac officiah Orchadensi, magistro
Jacobo MaxveU, vicario de Stronsay, domino Johanne Jaksone, prebendario
Sancti Egedij, domino Georgio Strang, capellano, Johanne Ewart, Thoma
Wickar, Johanne Flemyng, Jacobo Daurumple, et Jacobo Scot, cum diuersis
aliis. Ita est, Alexander Vans, notarius pubheus manu propria.

1540-41.] CHARTERS AND FAMILY PAPERS. 283
Precept by Walter Maxwell of Aikinhead and William Maxwalle of
Carnwoderik, executors of my Lord (Bishop of) Orkney, to George
Abernethy, to dehver certain articles to the Laird of Nedder PoUok,
23d March 1540. Jhesus.
129. Waltir Maxwall of the Akinheid, WUliam MaxwaU of Carnwoderik, the execu
touris left be my Lord Orknay : Georgis Abhnethy, we commend ws to zow :
Ze saU deliuer to the Lard of Nedder PoUok certane inspreth, as efth foUowis ;
videlicet, ane stand bed of estland burd, ane mekiU pot, the maist ark, ane
brandreise of hue, the maist chymnay of irne, ane girdUl, ane baik stule, ane
maskin fat, with ghefattis, a chire, ane cowntir, ane press : And ze saU keip
this precept to zour wanand. In witnes of the quhUk, we haif subscriwit this
precept with our hand on the pen, at Glasgow, the xxiij day of Marcij, the zeh
of God, etc., xl zeris, befoir thir witnes, Jame Phre, Jhonne Flemying, WiUe
Neylsoun, with wtheris diuers.
Waltir Maxwell of Akinheyd, wyht my hand on the pen.
Wylzem Maxwalle, wyht my hand at the pen, befoyr thir
wytnes, Henry HaU, Janet Scheles, wyht wtheris diuers.
Memorandum of the dehvery of certain articles of furniture which belonged
to the late Eobert Maxwell, Bishop of Orkney, by his executors, to John
Maxwell of PoUok, 26th March. 1541.
130. Memorandum. This is the geh onder written that Johnne MaxwaU, Lard of
Nether PoUok, resawit fra Watte Eobisone, beidman in the CoUage of Dun
bertane, owt of the sammyn CoUage, at the command of the executouris of
wmquhiU Bischep Eobert MaxwaU of Orknay and Prowest of Dunbertane,
videlicet, Walter MaxwaU of Akinheid and WUham MaxwaU of Carnwoderik.
Item, imprimis, ane stand bed of estland burd : Item, ane mekiU pot : Item,
the maist ark, ane brandress of irne, the maist chymnay of hne, ane ghdiU, ane
baikstule, ane maskin fat, with thre gUe fattis, ane cowntir, ane harthorne, ane
copburd, ane chiyr. And I the said Johnne MaxwaU of Neddh PoUok resawit
this forsaid geir at the command of the executouris, the xxvj day of Marcij, the
zer of God M. v° xii zere, befor thh witnes, Thomas FaUowsdaUl, George

284 CHARTERS AND FAMILY PAPERS. [1541.
Abhnethye, Thomas Wicaris and Thomas Leche ; of the quhilk geh I bind
and obliss me to keip scathtless at aU mennis hands, the said Walter Eobisone
and aU wderis : and for the mair securite, I the said Johnne MaxwaU of
Nedder PoUok hes subscriwit this present writ with my hand.
Johnne Maxwall of Nedder Pollok.
Hee est vera copia principahs litere.
Obligation by John Houstoun of that Ilk to John Maxwell of PoUok to
re-deliver two silver cups of the late Bishop of Orkney, 26th January 1541.
131. I, Jhone Houstoun of that Ilk, that forsamekle as Jhone MaxweU of Nedder
PoUok hes dehuerit me ane siluer cowp with ane covering dowbiU gylt, con-
tenand thretty four wncis and ane quarter vnce, and ane wther covp with the
cuver of sUuer dowble gilt, contenand twenty four vnce, quhilkis pertenit to
wmquhUl ane reuerend fadir in God, Eobert Bischop of Orknay, and that in
part of payment of certane vitalis sauld to me be the said vmquhiU Bischop, as
his letterez obhgatouris maid to me proportis ; quhilkis letterez obhgatouris I
haue presently deliuerit to the said Jhone Maxwell : nochtwithtstanding, gif
it saU happin the said Jhone Maxwell to be convenit befor quhatsumeuer jugis
for the forsadis cowpis be quhatsumeuer party, the said Jhone Maxwell
warnand me for my entres, and deliuerand to me the sadis letterez obhgatouris
maid to me be the said wmquhiU Bischop, and vsand my cunseU in iust defens
of the samyn, I saU thaheftir deliuer agane to the said Jhone MaxweU the
forsadis twa cowpis, or eUis the awaUl of the samyn, within acht dayis eftir
the sentens be gevin thairof contra him. Witnes heyrof I haue subscribit this
present writ with my hand, at Houstoun, the xxvj day of Januar, the zeir of
God M. v- xij zeris, befor thh witnes, George Houstoun of the Park, Maister
Petir Houstoun, Thomas Leche, James Danumpill, with wderis diuers.
Jhon Houstoun of that Ilk.
Writ by Adam Colquhoun, official of Glasgow, granting to John Maxwell
of PoUok a farther day to redeem two sUver cups, 31st October 1541.
132. I, Maister Adam Colquhoun, officieU of Glasgow and persoun of Stobo, grantis

1541-44.] CHARTERS AND FAMILY PAPERS. 285
me that, nochtwithstanding at I gaif ane honorabUl man, Johnn MaxweU of
PoUok, daye quhUl this nyxt Mertimes, to lowis twa silwer cowpis, with twa
coueris ourght, or ellis to remane with me, conforme to ane wryting maid
betuex vs tharupoun : nochtwithstanding, I am content be the tenour of this
wryt, to gif hym daye quhiU Sanct Mungo's daye nyxtocum to the lowsyng of
the saidis cowpis. In wytnes herof, I haif cawsit Maister Archibald Crawfurd,
persoun of Eghssam, notar, to subscriwe this wryt at Glasgow, vltimo die
mensis Octobris, anno Domini, etc., and xii11?0
Archibaldus Crawfurd, notarius pubheus, ad premissa
de mandato officiahs, manu propria. Archb. C.
Notarial Instrument, relative to the delivery of the keys of the Castle of
Glasgow, by John Maxwell of Nether PoUock to Gavin [Dunbar],
Archbishop of Glasgow, 11th May 1544.
131313131353. Die xj mensis Maij, anno Domini mUlesimo quingentesimo quadragesimo
quarto, indictione secunda, pontificatus sanctissimi in Christo patris
et domini, Pauli pape tercij anno decimo, etc. etc.
In mej notary pubhej et testium subscriptorum presencia, ane noble man,
Johnne Maxwel of Nether PoUok, passit to the presence of ane maist reuerend
fathir in God, Gavin, Archibischop of Glasgw, and thair the said Johne perofferit
to the said maist reuerend fathir the keis of his casteU of Glasgw, .the foh-zet
beand lokit be the said Johnne, and na personis left within it : The quhUk
maist reuerend fathir refusit to tak the said keis, quhil the said Johnne had
delyuerit the geh in the said casteU efter the tenour of the inuitour maid thair
upoun befoir [ane] notar and vitnes ; and the said maist reuerend fathir send
with the said Johnne Maister Alexander Dunbar, dene of Murray, Maister
Johne Colquhoun, persone of Stobo, Maister Peter Stewart, and me notar, to
pass in the said castell, and to vyse the hous within, and sie and consider gif
the geir was in place efth the inuitour maid of befoir : Quhilk personis visit
and considerit aU the chalmeris and place, except the Erie of Leuenax' chalmer,
quhilk vas lokit and vnstrekin vp, and thaireftir come incontinent and schew
to the said maist reuerend fathir at the geh vas in place as the inuitour pro-

286 CHARTERS AND FAMILY PAPERS. [1544.
portit : and than the said Johnne delyuerit to the said maist reuerend fathh
the keis of the said casteU, the foirzet beand lokit be the said Johnne, and na
personis left thairin : The quhilk maist reuerend fathir resauit and tuk the said
keis fra the said Johnne and deliuerit tham in keping to the said Maister Peth
his seruand. Super quibus premissis dictus Johannes MaxweU pecht instru
mentum : Acta erant hee intra palacium dicti reuerendissimi patris, et castram
eiusdem, horas inter decimam et duodecimam meridiej ; presentibus ibidem
reuerendo domino WiUelmo episcopo Lesmorense, Andrea Cunningham eius
fratre germano, Magistro Jabobo Cunninghame, rectore de InchcaUoch, Valtero
MaxweU de Akinheid, Magistro Dauid VUsoun burgense Glasguense, et Thoma
Leich, testibus in premissis rogatis et requisitis, etc.
Nicolaus Withirspoun, notarius publicus, etc.
Discharge by Matthew Earl of Lewnax to John Maxwell of PoUok, for
the geir and goods in the Castle of Glasgou, 11th May 1544.
134. I, Mathoue, ErU of Lewnax and Lord Demehe, grantis me to hawe resauit
the geh and guddis beynge in the Castel off Glasgu at the entre off Johne
MaxveU off Nether PoUok, and dischargis and quhitclamis, be the tenour heiroff,
the said Johne MaxveU and all his, off saidis guddis, and bindis and obUs me,
myn airis, to varrand and relewe the said Johne for the intromissioun with the
CasteU forsaid, and guddis tharin at aU handis, quhilkis ma persow or foUowe
the said Johne tharfor ony vayis, and sail relewe and varrand the said Johnne
of all dampnage and skathis he ma incure thairthroue ony tyme to cum ; and,
for mah verificatioun heirof, I the said noble lord hes subscriuit this discharge
and obhgatioun, and to thir presentis affixit to my signet at Glasgu the xi day
of Mai, the zeir of God ane thousand wc and xliiij zeris, be foir thir vitnes,
VUliam be the permission of God Bischop of ArgUe, Dauid Monay, Johne
Logan, Johne Kinge, and Thomas Leich, with other diuers.

(\Ytft^ucj-t£L-£—

1544.] CHARTERS AND FAMILY PAPERS. 287
Agreement between John Maxwell of PoUok and John Maxwell of
DargaveU to submit their disputes to arbitration, 15th July 1544.
135 At the brigend of Elzestone, the xv day of July, the zeir of God i? vc and xl
four zeris, it is appoynttuat, agreit, and finaly compromittit betuix thh parteis
ondervrittin, videlicet, Johne MaxveU of Nether Pollok, sone and ah to
vmquhiU Georg MaxveU of Cowglen, on that ane part, and Johne MaxveU of
DargavaU one the other part, to abyd, onderly, and fulfiU the decreit and
sentence arbitraU of jugis onderwritting ; videlicet, for the part of the said
Johne MaxveU of Nether PoUok, Eobert Lyndesay of Dunrod, and Gabriell
Symple of Cathcart for the part of the said Johne Maxvell of Dargavel ; and
in cais of descord of the jugis fohsaid, ane venerable clerk, Maister James
Houstoun, subdane of Glasgow, odman and superior to the saidis jugis. And
the saidis parteis fohsaid ar oblist and suorn, be ostensione of thah handis, to
abyd and onderly the decret arbitraU of the jugis and superior foirsaid, or the
maist part thairof : And in lykwys the saidis jugis ar oblist and suorne befoir
ane noble lord, WiUiam Lord Symple and Schheff of Eenfrew, in presens of
the parteis foirsaid to decreit and sentence arbitraU pronunce and furth gif,
annenttis all debaittabUhs materis beand betuix the saidis parteis ony way
befoh the dait heirof, and in speciaU annenttis the clame of the half ward landis
of Nether PoUok, pertenyng the said Johne MaxveU, ah to vmquhiU Georg
Maxvell of Cowglen, and the clam of nonentres of the landis of the Mekle
Cowglen, Lytle Cowglen, Pottertone, Decunbankis, and Hehdfeld, Uand vithin
the lordschip of Dernle and schhefdom of Eenfrew, pertenand to Johne Max
veU of DargaveU, quhUkis jugis arbitouris and amy cable compositouris chosyng
betuix the parteis fohsaidis in the caus aboue vriting, and sail conveyn and
meit in the Kirk of Eenfrew on Thysday the xx tua day of July nixt to cum,
and accep the sammyn in and vpon tham, and saU pronunce and sentence
furth gif, efter faith, lauty, and gvid conscience, within ane xv dayis thahefter ;
and quhat evir beis ordanit or decreittit be jugis or maist part thairof, the
partyis saU fulfiU the sammyn, but ony reclamacioun, provocatioun, or egan-
caUing, but ony ferder proces of law to be wsit in the contrar. In witnes
heirof, the saidis parteis hes subscribit this present compromit with thah
handis, day, zeh, and place aboue vriting, befoh thir witnes, noble lord, WU-

288

CHARTERS AND FAMILY PAPERS.

[1544.

ham Lord Symple, Johne Lord LyiU, Johne Symple of FuUwod, Patric Max
veU of Neuwork, Thomas SpreuU of Coudone, Walter MaxveU of Akynheid,
and William WaUiace of Jonstone, with oderis diueris.

Thyisday the xxh day of Juli, juges, arbitoures, and superior odman within
writtin, conuenis in the Kirk off Eenfreu wpone causis debatable, beynge
betuex partis within writtin, efth tenor off compromitt ; and thar, with consent
of athir of partis, juges and superior within writtin decernit and ordanit the
partes to meit and conueyne agane on Sonday cum vhj dayis, the thrid day of
August next to cum, and assignat to parteis that" day as day peremptour to
vse and produce aU rychtis thai pleis vse for the vehl of thar materis befor thh
vitnes, Valter MaxveU of Akinheid, Eobert Maxvel, and M. Mathoue Flemynge,
vith othh diueris. Vilelmus Berclay, de speciah mandato restroscriptorum
Judicum et partium sua manu.
Alexander Wans, notarius publicus ad idem.
Jugis and owrisman, with consent of partes, contynuis this present com-
promyte vnto Tyisday cum vhj dayis, and to convene and meyt in Paslay the
said day. Johannes Porterfeild, Notarius.

1544.] CHARTERS AND FAMILY PAPERS. 289
Instrument of Exoneration by the tenants in Cowglen, to John Maxwell
of PoUok, 2d January 1544.
136. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit notum quod anno ab Incarnatione Domini miUesimo quingen
tesimo quadragesimo quarto, die vero secundo mensis Januarh, indictione tertia,
pontificatusque sanctissimi in Cristo patris et domini nostri, domini Pauli
diuina prouidentia pape terth anno vndecimo : In mei notarh XDublici et
testium subscriptorum presentia personahter comperit discret men, namely,
WUliam Glen and Jhone NeUson, to giddyr with the laif of the tenendis in
Cowglen, in presence of ane honorable man, Jhone MaxweU of Neddyr PoUok,
the quhilk Jhone requhit thaim, and Uk ane of thaim, gif ther was ony skaith
or dammage done to thaim or ane of thaim be him or ony of his seruandis.
The quhUkis fohsaidis tenendis and Uk ane of thaim, of thah awin fre will and
motyif, wn coakit or compellit be ony man, exonerit and dischahgit the said
Jhone and his seruandis of aU wrangis, skaythis, truble, or dammage done be
him or ony of his seruandis, except the waye takene off achtene bollis meUl and
half ane boU men! that is to saye, fra the said WiUiam Glen, x boUis meiU,
and fra the said Jhone NeUson, acht boUis and half ane boU meiU ; the quhUkis
xviii boUis and ane half boU meiU the said Jhone tuik furth of the saidis landis
of Cowglen pertenen to him heretable, as he aUegit, in pairt of payment for the
fermis and deuyteis by gane : And "gif ther was ony skayth or dammage done
to thaim be him or his seruandis, thae exonerit and dischargit him and his ser
uandis, as said is, sa that the saidis xviii bollis and ane half boll meill be furth
eummand and warranit to thaim. Super quibus omnibus et singulis prefatus
Joannes petiit sibi fieri a me notario publico subscripto vnum vel piura publi
cum seu pubhca instrumentum aut instrumenta : Acta erant hee apud locum
de Neddyr PoUok, horam circiter vndecimam ante merediem, anno, die, mense,
indictione et pontificatu quibus supra ; presentibus ibidem discretis viris Joanne
Logane, Dauid Mungumry, Valtero SpreuU, Henrico HaU, Joanne HaU, Joanne
King. Et ego Joannes Craufurd, presbyter Glasguensis diocesis, sacra auctori
tate apostohca notarius ; quia etc.
vol. i. 2 o

290 CHARTERS AND FAMILY PAPERS. [1546.
Gift by Queen Mary, subscribed by the Eegent Arran, to John Maxwell
of PoUok of the nonentry of the lands of " Nether Powk," 1546.
137. Oure Souerane Lady, with auis, consent, and autorite of hir denest cousing and
tutour, James Erie of Arrane, Lord Hammyltoun, etc., Protectour and Gouer-
nour of hir realme, ordains ane letter to be maid vnder hir priue sele, in dew
forme, to hir louit Johnne MaxweU of Nethir Pook, of the gift of the ward and
nonentres of aU and haUl the xx hb. land of auld extent of Nether Powk, with
the toure, fortalice, maner place, pairtis and pendicuhs thairof, and thah per
tinentis, hand within the shirefdome of Eenfrew, with aU malis, fermes, proffittis,
and dewiteis of the samyn, of aU zeris and termes bigane that the samyn hes
bene in the handis of our souerane Lady or hir predecessouris, be ressoun of
waird or nonentres, sen the deces of vmquhhe Eobert Lord MaxweU, or ony
vtheris his predecessouris, last lauchfull and immediat tennentis to hir Hienes
or hir predecessouris thairof ; and sicklike of aU zeris and termes to cum, ay
and quhhl the lauchfuU entre of the richtuous air or airis thairto being of
lauchfuU aige, with the releif thairof quhen it saU happin : With power to the
said Johnne, his airis and assignais, ane or ma, to intromett and tak vp the
malis, fermes, profittis and dewiteis of the saidis landis, during aU the tyme of
the said ward, nonentres, and releif thairof, and to occupy the samyn with
thair awne gudis, or sett thame to tennentis as thai sail think maist expedient,
during the said space, with courte playnt, herezeld, and merchete, vnlawis
amerchiamentis and eschetis of the saidis Courtis, and with aU and sindrie
vtheris commoditeis, fredomes, etc., frelie, quietlie, etc., but ony reuocatioun,
etc. ; and that the said letter be extendit in the best form, with aU clauses
neidfuU. Subscriuit be my Lord Gouernour at the day
of , the zeir of God j™ v? xlvi zehs.

iMllW 0^%e-

1547-49.] CHARTERS AND FAMILY PAPERS. 291
Warrant by James Earl of Arran, Eegent of Scotland, in favour of
John Maxwell of PoUok, 10th March 1547.
Gubernator.
138. Iustice, and Iustice Clerk, and zour deputis, we grete zou wele. Forsamekle
as we ar informit that Johnne MaxweU of Nether PoUok is caUit to ynderiy the
law in the tolbuth of Edinburcht, the xx day of Marche instant, for the aUegit
remanyng and abiding at hame fra the oist and raid devisit to convene at the
Sanchar, in Nythisdale, the day of Januar last bipast, for resisting of
our auld innemyis of Ingland : Howbeit, it is nottourly knawin to ws that the
said Johne send his serwandis and tenentis to the said raid, and thahfor we
will nocht that he be ony forther cummerit in the said mater. Quhahfor we
charge zou that, incontinent efth the sycht heirof, ze desist and ceis fra all
caUing, vnlawing and preceding aganis the said Johnne and his souerteis at the
forsaid day, for the caus aboue writtin, dischargeing zow thahof, and of zour
offices in that part foreuir, be thir presentis. Subscriuit with our hand at
Glasgw, the x day of Marche, the zeir of God j™ vP xlvij zeris. James G

Instrument of Sasine of James Maxwel, son and heir of John Maxwel of
Cowglenn, in the lands of Pottartoun, Dickonisbank, HilfeUd and Cow-
glenn, 8th November 1549.
139. In Dei Nomine, Amen. Per hoc presens pubhcum instrumentum cunctis pateat
euidenter quod anno Incarnacionis Dominice miUesimo quingentesimo qua
dragesimo nono, indictione nona, die vero octauo mensis Nouembris, pontificatus
sanctissimi in Christo patris ac domini nostri, domini Pauli diuina prouidentia
pape terth anno decimo sexto : In mei notarii publici et testium infrascripto-
rum presentia personahter constitutus honorabhis vir, WUhelmus Fleming de
Barruchan, vicecomes deputatus in hac parte nobhis et potentis domini,
WUlielmi Domini de SympUe vicecomitis principalis de Eenfrew, habens in
suis manibus quoddam sasine preceptum supreme domine nostre Eegine, per-
gameno scriptum suoque sigUlo albo inclusum, vicecomiti et baUiuis suis de
Eenfrew directum, quodquidem preceptum idem vicecomes deputatus mihi

292 CHARTERS AND FAMILY PAPERS. [1549.
notario publico infrascripto perlegendum et publicandum tradidit ; cuius tenor
sequitur sub hac forma : Maria Dei gracia Eegina Scotorum, vicecomiti et
baUiuis suis de Eenfrew, salutem : Quia per inquisitionem de mandato nostro
per vos factam, et ad capeUam nostram retornatam, compertum est quod quon
dam Joannes Maxwel de Cowglen, pater Jacobi Maxwel latoris presentium,
obht vltimo vestitus et sasitus ut de feodo ad pacem et fidem nostram, in beUo
de Pinkecleuch, de octo mercatis cum dimedia mercata terrarum de Pottar-
toun, Dickonisbank, et HilfeUd antiqui extentus cum pertinenths ; necnon de
vigenti solidatis terrarum de Cowglennis antiqui extentus cum pertinenths,
occupatis per WUlelmum Awchinlos ; necnon de vigenti solidatis terrarum de
Cowglennis eiusdem extentus cum pertinenths, occupatis per Alexandrum
Aschindour ; item de octodecim solidatis earundem terrarum eiusdem extentus
cum pertinenths, occupatis per WUlelmum Glen ; necnon de duabus sohdatis
terrarum de Cowglennis noui extentus occupatis per WUlelmum Glen ; ac
eciam de octodecim denariatis earundem terrarum eiusdem extentus, occupatis
per Joannem Neilsoun ; cum tenentibus, tenandrhs et libere tenentium seruiciis
earundem, jacentibus infra baroniam de Eenfrew et balham vestram ; et quod
dictus Jacobus est legittimus et propinquior heres eiusdem quondam Joannis
sui patris de dictis terris cum pertinenths ; et quod est legitime etatis vigore
acti initi in dicto bello ; et quod de nobis tanquam senescaUa Scotie tenentur
in capite. Vobis precipimus et mandamus quatenus prefato Jacobo vel suo
certo actornato, latori presentium, sasinam predictarum terrarum cum perti
nenths juste haberi faciatis et sine dhatione, saluo jure cuiuslibet ; capiendo
securitatem de lxxxvii libris viii solidis decim denarhs de ferm is dictarum ter
rarum existentium in manibus nostris tanquam senescalle predicte, per spacium
duorum annorum vltimo elapsorum, sasina non recuperate, et de xlhi libris
xiii solidis quinque denarhs de reliuio earundem, nobis tanquam senescalle
predicte debitis, et hoc nullo modo omittatis ; presentibus post proximum termi-
num minime vahturis : teste meipsa, apud Edinburgh, xxvi0 mensis Octobris,
anno regni nostri septimo. Post cuiusquidem precepti perlectionem et publica-
tionem dictus vicecomes deputatus, reuerentia quam decuit, ex mandato dicti
precepti vigoreque sui officii, accessit ad octo mercatas cum dimedia mercata
terrarum de Pottartoun, Dickonisbank, et HUfeUd, cum pertinenths, antiqui
extentus supradictarum, contigue adiacentium ut supra jacentium, et ibidem

1549-50.] CHARTERS AND FAMILY PAPERS.

293

statum et sasinam hereditariam, necnon realem, actualem et corporalem posses
sionem earundem terrarum cum pertinenths prefato Jacobo Maxwel, per terre et
lapidis donationem ut moris est, tradidit et deliberauit. Quo facto, dictus vice
comes deputatus accessit ad omnes et singulas suprascriptas terras de Cow
glennis contigue adjacentes occupatas ut supra, et ibidem statum et sasinam
hereditariam, necnon realem, actualem et corporalem possessionem earundem
terrarum, cum omnibus suis annexis et connexis cum pertinenths prescriptis,
Jacobo Maxwel, secundum formam et tenorem preinserti precepti, per terre et
lapidis traditionem ut usus est, dedit pariterque deliberavit, saluo jure cuiuslibet.
Super quibus omnibus et singuhs premissis prefatus Jacobus singUlatim a me
notario pubhco subscripto inde sibi fieri petiit instrumentum vel instrumenta.
Acta erant hee super fundum dictarum terrarum, horam chciter secundam post
meridiem, sub anno, die, mense, indictione, pontificatu quibus supra; presentibus
ibidem discretis viris, Patricio Fleming filio et herede apparenti dicti WUlielmi
Fleming, Eoberto Maxwel de Bulros, Dauid Maxwel eius fratre, et Alexandro
Aschindour, testibus ad premissa audienda vocatis pariterque rogatis.
Et ego Joannes Vans, clericus Glasguensis diocesis, sacra auctoritate
apostolica notarius publicus, quia etc.
Eetour of Elizabeth Maxwell, as heiress of her great-grandfather, Sir John
Maxwell of Pollok, in the lands of Nether PoUok, 27th March 1550.
140. Hee inquisitio facta fuit in pretorio burgi de HammUtoun, coram honorabUi
viro Johanne Eobertoun de Ernok, vicecomite deputato de Lanark, vicesimo
septimo die mensis March, anno Domini mUlesimo quingentesimo quinqua
gesimo, per hos probos et fideles subscriptos, magno sacramento interueniente,
juratos ; videlicet, Eobertum DaUieU de eodem, Johannem MaxweU de Calder
wod, Johannem Stewart de Mynto, Alexandrum BaUie de Carphin, Thomam
Weh de Blakwod, Matheum HammUtoun de Torrens, Davidum Crawfurde de
Fermes, Johannem HammUtoun de Poddersburne, Arcbibaldum HammUtoun
Camerarium Glasguensem, Johannem DaUieU in Kype, Thomam HammUtoun
burgensem de HammUtoun, Magistrum Johannem FowUartoun de Dregame,
Johannem WaUace de Meynfurd, Eobertum HammUtoun in Tonens, et Alanum
Fayrre balhuum de Eutherglen : Qui jurati dicunt quod quondam Johannes

294 CHARTERS AND FAMILY PAPERS. [1550-53.
MaxweU de Nether PoUok, proauus EUzabeth MaxweU latricis presentium, obht
ad fidem et pacem quondam supremi domini nostri Eegis Jacobi Quarti, cuius
anime propicietur Deus ; et quod dicta Elizabeth est legitima et propinquior
heres eiusdem quondam Johannis MaxweU de Nethir Pollok, proaui sui ; et
quod est legitime etatis. In cuius rei testimonium sigUla quorundam eorum
qui dicte inquisitioni intererant faciende, sub inclusione sigiUi dicti Johannis
Eobertoun vicecomitis deputati, breui regio incluso, huic inquisitioni sunt
appensa, anno, die, mense et loco quibus suprascriptis.
Hee est vera copia principalis retornatus super premissis remanentis in
canceUaria supreme domine nostre Eegine, copiata et coUationata per me
WUlelmum OgUl, deputatum Directoris eiusdem, sub meis signo et sub-
scriptione manualibus. W. Ogill.
Precept by Sir John Maxwell of Terregles, knight, to the tenants of the
Mernys to raise letters against the Lairds of Nether and Over PoUok, for
holding double baiUie courts, 6th May 1553.
141. Johne MaxveU, Johne Law, Johne Eynkyn, Johne Vilsone, and the rist of the
haUl tennentis and inhabitaris of the Mernys, I command and chargis zow,
and Uk ane of zow, that ze, be zour selffis, or zour procuratouris in zour names,
pas to Maister James MCGU1, Maister Daue Borthik, or Maister Johne Spens,
and caus thaim rais letters in zour names aganis the lardis of Nedh PoUok and
Ewir PoUok, for the trublance done to zow in haldin of doubhl baiUie courtis,
and rais the letteres apone my expenis ; and quhon thai ar rasit that byde at
the samyn, and on na wyis renunce thaim, vnder the pane of tynsale of zour
malingis quha dois in the contrarie heirof. Be this my vritting gevin and
subscriuit with my hand, at Drumfris, the vj of Maij 1553.

1556-58.] CHARTERS AND FAMILY PAPERS. 295

Eetour of John Maxwell, son of George MaxweU of Cowglen, as heh to him,
28th March 1556.
142. Hee inquisitio facta fuit coram honorabUi viro Eoberto Sympill magistro de
eodem, vicecomite deputato de Eenfrew, in pretorio eiusdem, vicesimo octauo
die mensis March, anno Domini mUlesimo quingentesimo quinquagesimo sexto,
per hos probos et fideles homines subscriptos ; videlicet, Hugonem Cunynghame
de Watterstoun, magistrum Johannem PorterfeUd de eodem, Johannem Max-
.well de Calderwod, WUlelmum WaUace de Johnestoun, Johannem Cochran de
eodem, Thomam Sprewle de Coldown, WUelmum SympUle de Cathcart,
Ninianum MerscheU de PenneU, magistrum Jacobum WaUace in Elrishe,
WUelmum Lyndesay in Syde, Johannem Walkinschaw de eodem, Dauid Mont
gomery de Scottistoun, et Georgium Govane de Manis : Qui iurati dicunt quod
quondam Georgius MaxweU de Cowglen, pater Johannis Maxwell latoris pre
sentium, obht ad pacem et fidem quondam bone memorie, supremi domini
nostri Eegis Jacobi Scotorum quinti, cuius anime propicietur Deus ; et quod
dictus Johannes Maxwell est legittimus et propinquior heres eiusdem quondam
Georgh sui patris : In cuius rei testimonium sigiUum dicti vicecomitis deputati,
vnacum sigillis quorundam eorum qui dicte inquisitioni intererant faciende,
presentibus clausis est affixum, breui regio incluso, anno, die, loco suprascriptis.
Hee est vera copia principalis retornatus etc.
Eetour of John Maxwell of Calderwod, as heir to Eobert MaxweU of Calder
wod, his father, in the lands of LittU Drippis, 18th March 1558.
143. Hee inquisitio facta fuit in pretorio burgi de HammUtoun, coram honorabUi
viro Johanne Eobertoun de Ernok, vicecomite deputato de Lanark, decimo
octauo die mensis March, anno Domini mUlesimo quingentesimo quinquagesimo
octauo, per hos probos et fideles homines subscriptos, magno Sacramento inter-
ueniente iuratos ; videhcet, Andream HammUtoun de Gosslutoun, mUitem, An-
dream HammUtoun de Lathame, Johannem Quhitefurde de eodem, Andream
HammUtoun de Ardoch, Gawinum MaxweU juniorem de Auchinheid, Magis
trum Jacobum HammUtoun in PeUl, Eobertum HammUtoun in Torrens,

296 CHARTERS AND FAMILY PAPERS. [1558.
Arthurum HammUtoun seniorem in Mirretoun, Eobertum Park de GilbertfeUd,
Eobertum HammUtoun in Gaining, Alanum HammUtoun in MochhnghoUl,
WUlelmum MiUar in Blantyre, Alanum HammUtoun in Bogtoun, Alexandrum
HammUtoun in Heleis, et Quintinum HammUtoun burgensem de HammU
toun : Qui iurati dicunt quod quondam Eobertus MaxweU de Calderwod, pater
Johannis MaxweU de Calderwod latoris presentium, obht vltimo vestitus et
sasitus ut de feodo ad fidem et pacem quondam supremi Domini nostri Jacobi
quinti Scotorum Eegis bone memorie, cuius anime propicietur Deus, de totis et
integris quinque marcatis terrarum antiqui extentus de LitUl Drippis, cum
pertinenths, iacentibus in baronia de KUmawris, per annexationem, et infra
vicecomitatum de Lanark ; et quod predictus Johannes est legitimus et propin-
quior heres eiusdem quondam Eoberti patris sui de predictis terris cum perti
nenths ; et quod est legitime etatis ; et quod predicte tene valent nunc per
annum viginti marcas vsualis monete regni Scotie ; et quod valuerunt tempore
pacis quinque marcas eiusdem monete ; et quod tenentur in capite de nobUi et
potenti domino Alexandro comite de Glencarne, domino de KUmawris, here
dibus et successoribus suis ; reddendo inde annuatim dicto domino, heredibus
vel successoribus suis, vnum denarium vsualis monete regni Scotie, super solo
dictarum terrarum in festo Penthecostes, nomine albe firme, si petatur tantum ;
acetiam pro annuo redditu summam quadraginta solidorum vsuahs monete
p>redicte annuatim soluendam ad duos anni terminos, festa videlicet, Penthe
costes et Sancti Martini in hieme, per equales portiones, capeUano ecclesie
Sancti Quintigerni, vocate LitiU Sanct Mongous, extra torrentem de Molen-
dinor ; et dicunt quod predicte terre cum pertinenths nunc existunt in manibus
dicti Alexandri, tanquam in manibus domini superioris earundem, et sic fuerant
per spacium quadraginta dierum vltime elapsorum, vel eachca, ob decessum
quondam Jonete Cunynghame, domine de Balquhannane, domine hberetene-
menti eiusdem, in defectu veri heredis ius suum hucusque minime prosequentis.
In cuius rei testimonium sigUla quorundam eorum qui dicte inquisitioni inte-
rerant sub inclusione sighli dicti Johannis Eobertoun vicecomitis deputati
predicti, brevi regio incluso, huic inquisitioni sunt appensa, anno, die, mense et
loco supradicti s.
Hee est vera copia principalis retornatus etc.

1560-62.] CHARTERS AND FAMILY PAPERS. 297

Eetour of John Maxwell as heir to his father, WUham Maxwell of
Carnevedrik, 28th June 1560.
144. Hee inquisitio facta fuit in pretorio burgi de Hammyltoun, coram honorabUi
vho, Johanne Hammyltoun de Stanehous vicecomite deputato de Lanark,
vigesimo octauo die mensis Junii, anno Domini mUlesimo quingentesimo
sexagesimo, per hos probos et fideles hommes subscriptos, magno sacramento
interueniente juratos ; videlicet, Alexandrum Baillie de Carphin, Eobertum Dal
zeU de eodem, WUelmum Cunynghame de Capringtoun, juniorem, Johannem
Eobertoun de Ernok, Johannem Mure de Aultounbume, Jacobum BaUlie
juniorem de Carphin, Andream Hammyltoun de Goshngtoun, militem, Arthurum
Hammyltoun seniorem in Meretoun, Jacobum Auchinlek de Tuedy, Eobertum
Hammyltoun de Torrence, Jacobum Hammyltoun in PeUl, Gawinum Maxwell
de Achinheid, Thomam Hammyltoun burgensem de Hammyltoun, Jacobum
Mureheid juniorem de Lauchope, et Thomam Mureheid in Lawchope : Qui jurati
dicunt quod quondam Willielmus MaxweU de Carnevedrik, pater Johannis
MaxweU latoris presentium, obht vltimo vestitus et sasitus vt de feodo ad
pacem et fidem quondam bone memorie Jacobi quinti Scotorum regis vltime
defuncti ; et quod dictus Johannes MaxweU est legitimus et propinquior heres
eiusdem quondam WUlielmi patris sui ; et quod est legitime etatis. In cuius
rei testimonium sigUla quorundam eorum qui dicte inquisitioni intererant,
vnacum sigiUo dicti Johannis Hammyltoun de Stanehous vicecomitis deputati
antedicti, breui regio incluso, huic inquisitioni sunt appensa, anno, die, mense
et loco supradictis.
Hee est vera copia principalis retornatus etc.

Tack by John Maxwell younger of PoUok, to Walter Anderson, of land
in Meikle Govane, 12th January 1562.
145. At Neddh PoUok, the xij day of Januar, the zeh of God i™ v? and sextie twa
zehis : It is appoynteit, aggreit, and finalhe endit betuex honorable personis,
thay ar to say, ane honorable man, Johne MaxveU, sone and appeirand aire to
vol. i. 2 p

29'8 charters and family papers. [1562.
Johne MaxveU of Neddir PoUok, vpone that ane part, and Waltir Androsoun
in MekUe Govane, vpone the wthir part, in maner foUowing : ForsamekUe as
the saidis Johne MaxveU, haifand in rentale the sex schilling thre penny land
lyand in Mekle Govane, hes set the samyn reidit to the saidis Walth, his entre
thairto to be and begyn at the day and dait heirof, and thairefth tiU induh
quhUl the feist of Mertimes nixt to cum, as the saidis sex schUling thre penny
land lyis in lynth and breid, with aU proffitteis, and commoditeis, and reychtus
pertineyng thairto ; payand hehfoir, the saidis Walth to the saidis Johne
MaxveU, ten firlottis mehe, ane boU beh, betuex Zuile and CandUmes, as vse
is of paying of fermes togiddir with aU maner of maiUis, dewiteis, and dew
seruice auchtand of the saidis vj schilling thre penny land, to my Lord of
Glesgw or his chalmyrlaneis ; and gif it hapnis that the saidis Johne MaxveU
cawsis nocht warne the saidis Walth fra the saidis sex schilling thre penny
land befoir the feist and terme of Mertimes nixt to cum, in that cais the saidis
Waltir saU brwik the saidis sex schilling thre penny land quhUl Mertimes nixt
thaheftir ; and swafurth fra Mertimes to Mertimes, ay and quhUl he be lauch-
fuUie warnit befoir ane Mertimes to remufe, payand zeirhe to my Lord of
Glesgw or his chalmyrlaneis all maner of maiUis, dewteis, and dew seruice, and
to the saidis Johne MaxveU ten firlottis meUe, ane boU beh, zeirhe as said is :
and be ressoun the feist and terme of Mertimes is nocht the terme at quhUk
possessouris sould be remufit fra thah landis and possessions commownelye,
neuertheles the saidis Waltir, be vertu of this contract, admittis the saidis feist
of Mertimes to be terme lauchfuU to him' to remuf fra the saidis sex schilling
thre penny land, he beand wameit, renunceand aU exceptioun that he may
oppone aganis the samyn : And the saidis Johne Maxvell is bwndin and obhst
to warrand the saidis sex schilling thre penny land to the saidis Waltir
during the termis quhilk he hapnis to bruik the samyn ; and be ressoun the
saidis Johne MaxveU hes delyuerit to the saidis Waltir the sowme pf five
merkis to by seid aittis, quhairof he grantis him to haif ressaueit, and dis
chargis the saidis Johne MaxveU thahof be thir presentis ; quhUk sowme of
five merkis the saidis Walth is bwndin and oblist to redelyuer agane to the
saidis Johne at his leving of the saidis landis eftir his warnyng. In witnes
of the quhilk, the saidis Johne hes subscrivit thir presentis with his hand, and
be the notar wnderwrittin, at the command of the saidis Walth, becaws he

1562-64.] CHARTERS AND FAMILY PAPERS. 299
could nocht writ him self, day, zeh, and place fohsaidis, befoir thir witnes
Androw TempUtowne and Dauid Zowng, with wthir diuers.
Ita est, vt premittitur, VUlelmius Hegait, notarius
publicus, de mandato ipsius Valteri, ipso scribere
nesciente.

Tack by Thomas Brown, to Thomas Huchison, of a house, etc., in the
Trongate of Glasgow, 19th June 1564.
146. Be it kend tiU aU men be thh present letters, me Thomas Brovne in Wyndy-
ege, and Merione BogiU my spous, to haif sett and in assedatione lattyn, and,
be thir presentis settis, and in assedatione lattis to my weUbelovittis, Thomas
Huchison and Helene Harbertson, bis spous, and the langar levar of thame
tuay, thare airis and assignais, aU and hale my baksyde, with hous, clos, and
zard, hand in the Tronegaitt of Glasgu on the north syde of the gait, betuix
the landis of WUliam TrumbuU on the west, and the landis of WUhame
Lowthiane on the eist, the landis of Henry BureU on the north, and the landis
of Williame Wynzett on the south ; with fre ische and entre thairto at the
foirhous pertenyng to me, the said Thomas Brovne, heritabUhe, for aU the days,
termis and space of thre zeris, and thahefter for vther thre zeris, and sua furth,
fra thre zeris in thre zeris, during aU the days, zeris and space of auchtene zeris
nixt and immediatlie following thah entre thahto ; quhUk entre wes at the
last feist of Witsonday in the zere of God i™ v? thre score foure zeris ; and
thairefter to be peceabiUie brukit, joysit, hantit, and inhabit be the saidis
Thomas and Helene, thare airis and assignais during the said space of auchtene
zeris but ony stop, impediment or agane callyng : Payand thahfore zerhe fifty
schUUng, in this manere ; videhcet, fifty schUlingis in hand for the first zere,
and thairefter, fifty schiUingis at Mertymes, ay for the zere nixt to cum, during

300 CHARTERS AND FAMILY PAPERS. [1564-68.
the saidis auchtene zeris, except the hyndmest zere, quhilk is instantlie payt ;
and the said Thomas Huchison obhssis him to haid the said hous lokfast and
wattirfast during the saidis auchtene zeris ; and gif it happinnis the said
Thomas Huchison to big the said hous and mak thaim better at his ische nor
he fand thame now instantlie, be sicht of foure honest nychtbouris, the said
Thomas Brovne and the said Merion obhssis him, his airis and assignais, to
recompens the sammyne, sua that the said Thomas Huchison mak na expensis
thairon aboue tuenty pundis. And I, forsuith, the said Thomas Brovne, obhssis
me, my ahis, executouris and assignais to warrand, acquete, and defend this
my present tak and assedatione to the saidis Thomas Huchison and his spous,
thair airis and assignais, duryng the saidis auchtene zeris, in all and be all, as
said is, contrare all deidhe ; and thairto byndis aU and hale my gudis movable
and inmovable, present and to cum, and speciaUie my sax schilling land of
Wyndyege, and my titUl thairof, hand within the barony of Glasgu. In witnes
heirof, I haif causit the notare vnderwrittin to subscriue thir presentis in my
name, my hand tuichand the pen, becaus I culd nocht wryte my self ; and the
said Thomas Huchisone hes subscriuit thir presentis with his hand, for his
part, at Glasgu the nyntene day of Juny, the zere of God, im v° thre score
foure zeris, before thir witnes, Schir Johne Knox, Johne Eluyn, burges of
Glasgu, and Johne Scot in Wester DaUdowe.
I Thomas Brovne with my hand at the pen, led be the notar
vnderwrittin. Ita est Thomas Knox, notarius pubheus,
de mandato dicti Thome, scribere nescientis, manu
propria.
Thomas Huchison, wyth my hand.

Gift by King James vi., of the escheat of Sir John MaxweU of Pollok, to
Alexander Earl of Glencarne, 10th August 1568.
147. James be the grace of God King of Scottis, to all and sindrie oure liegis and
subdittis quhome it effehis, quhais knawlege thir oure letters sal cum, greting :
Wit ze ws, with awise of oure denest vncle and regent, James Erie of Murray,
Lord Abirnethie, etc., to haue gevin and grantit, and be thir oure letters gevis

1568.] CHARTERS AND FAMILY PAPERS. 301
and grantis to oure rycht traist cousing, Alexander Erie of Glencarne, Lord
KUmawris, etc., his airis and assignais, the eschete of aU guidis movabUl and
vnmovabill, dettis, takis, steidingis, rowmes, possessionis, actis, contractis, obli-
gacionis, sowmes of money, jowelhs, interes and actionis, gold, sUuer cunzeit
and vncunzeit, and all vthiris guidis and geir quhatsumeuir, quhilkis pertenit
to Johnne MaxweU of Nethir Pollok, and now pertening to ws and becum in
oure handis be ressoun of eschete, throw the said Johnnis being ordourlie
denuncit oure rebell and put to oure home, fugitive fra our lawis, or conuict
for his tressonabiU cuming in plane batteU with displayit banaris aganis ws
and oure said denest regent, vpoun the feUdis of Langsyid, the xhj day of
Mah, the zeir of God im vc lxviij zehis, in cumpany with Archibald Erie of
ErgUe, Claud HammUtoun, and vthiris thair complices, tratouris conspiritt to
depose ws of oure authoritie royall, and to that effectt persewand and invadand
in plane batteU oure said regent and denest vncle and vthiris of oure nobilitie
and secreit counsall of oure realme being for the tyme in the toun of Glasgw
at the airis, in ministratioun of iustice, and throw his airt and pairt of the
creweU slauchter of vmquhUe James Ballany in Prestoun, James Dalgleische,
Johnne Cuthbert, Suddartis, and WUliame Purves, seruitour to Alexander
Hume of Manderstoun, quha was slane at the said feild : To be haldin and to
be had the eschete, guidis movabUl and vnmovabUl abouewrittin, and proffittis
thairof, to oure said cousing, his airis and assignais, with all and sindrie com-
moditeis, fredomes, proffittis and richtious pertinentis quhatsumeuir pertening
or richtiouslie may pertene thairto : with power to oure said richt traist cousing,
his airis and assignais fohsaidis, to intromet and tak vp the saidis eschete
guidis, geir, dettis, interess, actionis and vthiris aboueexpremit, at thair awin
handis, and to dispoun thairupoun at thair plesoure, and to occupy the saidis
takis, rowmes, and steidingis with thah awin guidis, or to set the samin to
tennentis, as thai sail think maist expedient during all the tyme thairof ; and
with aU and sindrie vthhis commoditeis and fredomes, frelie, quietlie, weile,
and in peace, but ony reuocatioun or aganecaUing quhatsumeuir : Quhahfore
we charge straitlie and commandis zow, aU and sindrie oure liegis and sub-
dittis fohsaidis, that nane of zow tak vpoun hand to mak ony impediment, latt,
or distrublance to oure said cousing, his ahis and assignais in the peceabill
brouking, joising, vptaking, intrometting, and disponing vpoun the eschete

302 CHARTERS AND FAMILY PAPERS. [1568,
guidis, movabiU and vnmovabiU aboue specifijt, and proffittis thahof, eftir the
forme and tennour of thir oure letters vnder all hieast pane and charge that
efth may foUow. Gevin vnder oure privie seill, at Edinburcht, the tent day of
August, the zeh of God i"? v** thre scoir aucht zeiris, and of our regnne the
secund zeir. Per signaturam manu dicti Domini Eegentis subscriptam.
Letters under the Signet for enforcing the Gift to the Earl of Glencairne,
of the escheat of John Maxwell of PoUok, 27th August [1568.]
148. James be the grace of God King of Scottis, to oure louittis, Jhone M'Kupyne,
, messingeris, oure shireffis in that parte, coniuncthe and
seuerahe specialie constitute, grating : Forsamekle as it is humlie menit and
schewin to ws be oure traist cousing and counsalour, Alexander Erie of Glen
carne, Lord KUmawris, etc., that quhair he hes obtenit be oure gift to him,
his ahis and assignais ane or ma, the eschete of aU and sindry the gudis
movabUl and vnmovabUl, dettis, takkis, stedingis, rowmes, possessionis, actis,
contractis, obUgationis, sowmes of money, jowaUis, materis, and actionis, gold,
sUuer cunzeit and vncunzeit, and vtheris gudis and geh quhatsumeuh, quhUkis
pertenit to Johnne MaxweU of Nethir PoUok, and now pertening to ws, and
becumin in oure handis be reasoun of eschete throw being of the said Johnne
denunceit oure rebell, and put to oure home in default of finding of souerte to
vnderly oure lawis for arte and part of , the ere wale slauchteris of vmquhUe
James Balanye in Prestoun, James Dowglus, suddart, and WUhame Purwes,
seruitour to Alexander Home of Manderstoun, committit at the Langsyde,
within oure shirefdome of Eenfrow, vpoun the xhj day of Maij lastbipast, as at
mair lenth is contenit in oure vtheris letters of gift maid and gevin to oure said
cousing vndir oure priue sele thairupoun : Quhairthrow the haUl coirnis, catteU,
insycht, and vtheris eschete gudis fohsadis pertenis, and aucht and suld per-
tene, to oure said cousing be virtew of his said gift : Quhowbeit, in veritie he
can on nawayis be ansuerit and obeyit thahof without thh oure letters and
our autorite haid therto, as is aUegit : Oure wUl is hehfoir, and we charge
zou straitlie, and commandis that incontinent thh oure letters sene ze pas, and
in oure name and autorite serche and seik the haill coirnis, cattell, insycht,

1568.] CHARTERS AND FAMILY PAPERS. 303
and vtheris gudis, geir, and quhatsumeuir fohsaidis pertening to the said
Johnne Maxwell, our rebell foirsaid, and being in his possessioun, quhaheuir
the samin can be apprehendit ; and vptak, ressave, intromet with, and inbring
the samin to oure said cousing, and mak him be ansuerit and obeyit thairof as
oure donatour foirsaid, conforme to our said gift in all pointis, as ze wiU ansuer
to ws thairupoun : The quhUk to do we committ to zow coniuncthe and
seueralie oure fuU power, be thir oure letters, dehuering thame be zou dewlie
execute, and indorsat agane to the berare : Gevin vndir oure signet, at Edin
burcht, the xxvij day of August, and of oure regnne the secund zeir.
Ex deliberatione dominorum consihj etc. J. Bannatyne.
Pass by Alexander Earl of Glencarn to Sir John Maxwell of PoUok,
6th September 1568.
149. We, AUexander Erie of Glencarne, Lieutenent of our Souerane Lord, grantis
ws to haif gewin, and be the tenour of thir presentis, gewis and grantis leif and
licence to Jhone MaxweU of Nether PoUok, knyght, to pas and repas fra the
town of Dunbertane to our place of Kilmarannok, to talk and aders his
busenes wyth ws ; and that we seU warrand salf and acquyet the said Jhone
and his seruandis for ws and ouris, or ony vtheris appertening to my lord
Eegent, harmles and skaythles, induring the space of xlviij houris efter his
departing fra ws and cuming to ws. In witnes heirof we haif subscrywit thh
presentis, at Kylmarannok, the saxt day of September 1568. And at he be
heir the sewint day of September instant, afore none. Alexk Erll of Glencarn.
Precept of Eemission by King James vi. to John Maxwell of PoUok, for
appearing against him at the battle of Langsyd, 9th September 1568.
150. Jacobus Dei gratia Eex Scotoram, CanceUario nostro, salutem. Quia cum auisa-
mento et consensu charissimi nostri auuncuh et regentis, Jacobi comitis Morauie
Domini Abirnethie, remisimus Johanni Maxwell de PoUok rancorem animi
nostri, sectam regiam et omnem actionem quern et quas erga ipsum concepimus,

304 CHARTERS AND FAMILY PAPERS., [1568.
habemus seu quouismodo habere poterimus, pro ipsius proditorio aduentu contra
nos ac dictum nostrum charissimum regentem, aperto beUo, vexilhs dUatatis,
in comitiua cum Archibaldo comite Argadie, Claudio HammUtoun, suisque
complicibus, in campo de Langsyid, decimo tertio die mensis Maij. vltimo elapsi,
ac pro arte et parte crudelis interfectionis quondam Jacobi Ballany in Prestoun
et aliorum dicto beUo occisorum, ac pro omnibus actione et crimine que de-
super sequi aut dicto Johanni inde imputari poterunt, necnon pro omnibus ahis
actionibus, transgressionibus, criminibus et offensis quibuscunque ab ipso com
missis, ante diem date presentium, proditoria traditione in nostram propriam
personam et dicti nostri charissimi regentis duntaxat exceptis : Vobis precipi
mus et mandamus quatenus literas nostras remissionis sub nostro magno sigUlo
in forma capeUe nostre debita dicto Johanni super premissis fieri faciatis.
Datum sub secreto sigiUo nostro, apud Edinburcht, nono die mensis Septembris,
anno Domini miUesimo quingentesimo sexagesimo octauo, et regni nostri anno
secundo.

License to John Maxwell of PoUok, knight, and his tenants, to remain at
home from any convocation and raids for one month, 20th November
1568.
151. We, Alexander Erie of Glencarne, lieutenent to the kingis maiestie in the west
partis, be the tennour heirof gevis and grantis our full hcence and power, for
diuers ressonabile caussis moving ws, to our louit Johne MaxweU of Neddh
Pollok, knycht, and his tenentes, to remane at hame within thah awin boundis
fra ony convocations and raidis, gif ony happinnis to be, and that for the space
of ane moneth nixt foUowing the dait heirof ; with our fuU licence to the said
Johne and his seruandis to pas and repas, withowt ony molestatioun or trubUe,
within the boundis of our lieutenendry induring the space fohsaid : Be this
our writting subscriuit with our hand at Kochnoch, the xx day of Novembre
the zeh of God i1? vc three scoir awcht zeiris, befoh thir witnesses, Alexander
Cunynghame of Aiket, George CampbeU of Stenstoun, zongar, Adam Cunyng
hame of Achinharuie, Harie Kirkpatrik, and Johne Howeie, with wtheris
diuerss.
Alex. Erll of Glencarn.

1570.] CHARTERS AND FAMILY PAPERS. 305
Assurance by John Pollok of that Ilk to John Maxwell of PoUok, not to
molest him in law " for quhatsumeuir caus or occasioun bigane," 29th
June 1570. Apud Glasgow, xxix die mensis Junij, anno Domini j1? v?
sexagesimo decimo.
152. The quhUk day, in presence of Mathow ErU of Levenax, Lord Dernlie, etc.,
Lieutenent GeneraU to our Souerane Lord, Johnne PoUok of Over Pollok for
him self, and takand the burding vpoun him for his brethir, kin, freindis, men,
tenentis, and seruandis, assurit, and, be the tennour heirof, speciahe assuris
Johnne MaxweU of Nethh PoUok, his kin, freindis, men, tenentis, and ser
uandis, to be vnhurt, vnharmit, molestit, troublit, or in ony wayis persewit in
the law or by the law in tyme cuming, for quhatsumeuh caus or occasioun
bigane, preceding the dait heirof, vnto the first day of August nixtocum, quhUk
the said Johnne PoUok promittit to keip vnviolat in ony sort, vnder the pane
of periurie, infamy, and tinsaU of perpetuaU trewth, honour, and ndelitie in
tyme cuming, be thh presentis, subscriuit with his hand as foUowis, day, zeir,
and place fohsaidis.

fjfyvti ^m%-<4f^—

Precept by James vi., subscribed by Mathew Earl of Lennox, Eegent, to
stay proceedings against the tenants of Sir John Maxwell of PoUok for
appearing against the King at the field of Langsyde, 24th January 1570.
153. James be the grace of God King of Scottis, to oure louittis, Johne MaxweU in
Kowglen, oure shereffis in that pairt, coniuncthe
and seueralie, speciahe constitute, greting : ForsamekUe as we and oure dearest
gudschir, Matheu Erie of Levinax, Lord Dernley, etc., oure lauchfuU tutour and
Eegent to ws, oure realme, and liegis, ar informit that Johne Stewart of Mynto,
knycht, as Justice Depute to ws of the cietie and baronie of Glasgw, hes dhect
furth his precept, and thairwith hes causit charge Andro ScheUhs in Titwod,
vol. I. 2 Q

306 CHARTERS AND FAMILY PAPERS. [1570.
Johne ScheiUis thair, Eobert Craig thair, Dauid Philp eldar in Pollok ScheiUis,
Johne ScheiUis thair, WiUiame ScheiUis thair, Andro Wallace thair, and Andro
WaUace in Haggis, tennentis to oure louitt, Johne MaxweU of Pollok, to find
souirtie that thai sail compeir befoir the said Justice Depute the secund day of
Februar nixt to cum, to vnderly the law, in ane court to be haldin be him in the
casteU of Glasgw, for thair cuming in cumpany with Archibald Erie of ArgUe,
Claude Hammyltoun, and vtheris thair complices, aganis ws and oure autoritie
at the feild of Langsyde, vpoun ye xhj day of May, in the zeh of God
M. v? lxviij zehs, and than intendis to proceid aganis thame for the samyn :
Howbeit in veritie it is not oure wiU and mynd that the saidis personis, or ony
of thame, sal be callit or persewit for the said cryme : Oure wiU is heirfoir, and
with avyis of oure said regent, we charge zow straitlie, and commandis that
incontinent thir our letters sene ze pass, and in oure name and autoritie com
mand and charge the said Schir Johne Stewart of Mynto, knycht, oure Justice
Depute foresaid, to desist and ceiss fra aU calling or proceiding agains the
saidis personis, or ony of thame, or ony vtheris the said Johne MaxweUis
tennentis or seruandis, the said day or ony vther dayis to be appointtit be him
for the said cryme, and fra aU vnlawing of thah souhties for thah noncom-
perance, to that effect dischargeing him thairof and of his office in that part be
thir oure letters subscriuit be oure said tutour and regent, and vnder oure signet :
At Edinburgh the xxiiij day of Januar, and of our regno the ferd zeir, 1570.

fflWf^Ah

"7-V^^-

Notarial Instrument taken upon the Eegent Arran's letters discharging the
Justice Depute of Glasgow from molesting the tenants of Sir John Max
well of PoUok, on account of their appearing against the King at the
field of Langsyde, 2d February 1570.
154. In Dei nomine Amen : Per hoc presens publicum instramentum cunctis pateat
euidenter et sit notum quod anno Dominice Incarnacionis millesimo quin
gentesimo septuagesimo, die vero mensis February secundo, anno vero regnj

1570.J CHARTERS AND FAMILY PAPERS. 307
supremi domini nostri Eegis Jacobi quarto, etc., in presens of me, notar pub
lict and witnes vndervrittin, personaUie comperit ane honorabile man, Johnne
Maxvell in Kowglennis, schheff in that part speciallie contenit in our souerane
Lordis letters, and in the presens of ane noble man, Johnne Stewart of Mynto,
knycht, in the castell hall of Glasgw, eftir the fensing of ane court of Justiciare
to be haldin thah be the said Schh Johnne Stewart, Justice Depute of the citie
and regalite of Glasgw, be ane commissioun dhect to him be our soueranis
Maiestie, wyth the avise and consent of his darrest guidschh, Mathow Erie of
Levinax, Lord Darnlie, etc., for the caUing and persewing, befoir the said
Justice Depute, be his avin precept and charge, of Andro ScheUlis in Titwod,
Johnne Scheilhs thair, Eobert Craig thah, Andro VaUace in Haggis, Dauid
PhUp, eldar in PoUok Scheilhs, Johnne Scheilhs thair, ViUiam ScheiUis thah,
Andro Vallace thair, tenentis to ane noble man, Schir Johnne Maxvell of Nethir
Pollok, knycht, to vnderly the lawis afoir the said Justice Depute this instant
day, for thah cuming in cumpane wyth Archibald Erie of Argile, Claude Ham
mUtoun, and vtheris thair complices, aganis our said soueranis Maiestie, at the
feild of Langsyde, apone the threttein day of Man, in the zeh of God a
thousand v° thre scoir auht zeris ; and thahthrow the said Johnne Maxvell
in Kowglennis, schheff fohsaid, producit our said soueranis letters, vnder
his grace Hienes signet, and subscriptioun of bis said Eegent grace, be
vertew of the quhUk, he, in plane audience of the said court, inhibite, dis
chargit the said Schh Johnne Stewart of Mynto, knycht ; als commandit and
chargit him, Justice Depute foirsaid, be vertew of the saidis letters, to decist
and ceis fra all ferther caUing or proceding aganis the said tenentis, or ony of
thame, or ony vtheris tenentis or seruandis of the said Schh Johnne Maxvell
of Nether Pollok, knycht, the said day, or ony vthir day or dais to be appointit
be him, for the said cryme, and fra aU vnlawing of Johnne Zongar and Niniane
Andersone, thah souerteis, for thah non comperance, and dischargit the said
Justice Depute thahof, and of his office in that part, efth the forme and tenour
of the saidis letters ; and protestit that the saidis souerteis sould be hehefter
relevit and disassentit fra ony ferther or vtheris continuationis of the saidis
tenentis or thair saidis souhteis, for the caussis fohsaidis in tyme cuming,
conforme to the tenour of the saidis letters in all pointis. De et super quibus
premissis, dictus Johannes MaxveU in Kowglennis a me notario pubUco sub-

308 CHARTERS AND FAMILY PAPERS. [1570-74.
scripto sibi fieri petiit hoc presens publicum instramentum et instramenta
pubhca, vnum et piura : Acta erant hee in palatio castri Glasguensis, in magna
aula eiusdem, hora vndecima ante meridiem vel chciter ; presentibus ibidem
honorabUibus viris, Dauide Lindsay de Kittoksyde, magistro Johanne HaU,
magistro Adamo Stewart, Michaele Bard, et magistro Dauide WUsoun, testibus
ad premissa vocatis.
Et ego Georgius Brovnside, clericus Glasguensis ciuitatis, publicus aucto
ritate apostohca notarius, ac etiam vigore Acti Parliamenti per dominos
consUii admissus, quia premissis etc.
Eetour of Thomas Colquhoun as heir to his mother, Margaret Conig-
hame, relict of John Colquhoun of Lus, in an annual rent from the lands
of the Manis, 3d AprU 1574.
155. Hee inquisitio facta fuit coram honorabUi viro Cuthberto Symepile de Auchin-
bothie, vicecomite deputato vicecomitatus de Eenfrow in curia eiusdem tenta in
pretorio Pasleti tertio mensis Aprylis, anno Domini etc., lxxiiij, per hos probos
et fide dignos homines patrie subscriptos, videlicet, Joannem MaxweU juniorem
dominum de Netthirpollok, Gauinum Maxwell de Akinheid, Joannem M[ont-]
gumrie de Scottistoun, Eobertum Hammyltoun deNewhous, Gabrielem Symepile
juniorem de Cartthart, Joannem MaxweU de Auklhous, WUlelmum MaxweU
de Newlandis, Joannem Maxwell in Kowglen, Bartholomeum Montgumrie in
Scottistoun, Georgium Gouane de Manis, Joannem Pirrie burgensem Pasleti,
Thomam Inghs, Ninianum SymepUe et Walterum Coucherane conburgenses de
Pasleto, et Eobertum Mortoune in Bornehill : Qui jurati dicunt quod quondam
Domina Margareta Conighame relicta quondam Joannis Colquhoune de Lus
mihtis, mater Thome Colquhoune latoris presentium, obht vltima vestita et
sasita ad pacem et fidem supremi domini nostri Eegis, Jacobi sexti, in toto et
integro vno annuo redditu xxiiij bollarum fanine auenatice sufficientis annua
tim leuando et percipiendo, inter festa Natiuitatis Domini et purificationis beate
Marie virginis, de totis et integris quinque libratis tenarum antiqui extentus de
he Manis jacentium infra dominium de Darnelie et vicecomitatum de Eenfrow ;
et quod dictus Thomas Colquhoune est legittimus et propinquior heres dicte
Domine Margarete sue matris de dicto annuo redditu cum pertinenths; et

1574.] - CHARTERS AND FAMILY PAPERS. 309
quod est legittime etatis; et quod dictus annuus redditus cum pertinenths
valet nunc per annum xxiiij bollas farrine auenatice ; et similiter valebat
tempore pacis ; et quod dictus annuus redditus cum pertinenths tenetur nunc
in capite de Charolo comite de Lennox ac domino Darnelie, pro solutione vnius
denary annuatim ad festum penthecostes, nomine albe firme, si petatur tantum ;
et quod fuit in manibus dicti Charoli comitis de Levenax tanquam Domini
de Darnelie vtpote in manibus superioris eiusdem per decessum prefate Domine
Margarete Conighame per spatium sex mensium vltimo elapsorum, ratione non
introitus, in defectu dicti Thome Colquhoun jus suum hucvsque minime prose-
quentis : In cuius rei testimonium sigUla quorundam eorum qui inquisicioni
intererant, sunt appensa cum sigiUo vicecomitis de Eenfrew, breue intus clauso.
Joannes Maxwell, scriba.
Procuratory by Hew third Earl of Eglintoun to Archibald Crawfurd
and William Hegait, to receive £1000 from Sir John Maxwell of
PoUok, 19th February 1574.
156. Be it kend tiU aU men be thir present letters, me, Hew Erie of Eglintoun,
Lord Mungumrye, to haif maid, constitut, and ordaneit my traist seruitouris,
thay ar to say, Maisth Archibald Crawfurd, persoune of Eglissem, WiUiame
Hegait, burges of Glesgw, and Uk ane of thame coniuncthe and seuerallie, my
procuratouris, actouris, and factouris, committand to thame, and ony of thame,
my fuU powar to ressaue fra ane honorabhe man, Johne MaxveU of Neddir-
poUok, knycht, the sowme of ane thowsand pundis money, for the alienatioune
and wedsetinge of certane my landis lyand in my baronye of Eghssem ; and
vpone thah ressait ane acquitance to gif, quhilk I ratefie be thir presentis, and
appruvis the sammyn to be als sufficient as my awin, with powar to my saidis
procuratouris, or ony of thame, to do quhat I mycht do in proph persoune,
firme and stabhe. In witnes of the quhUk, I haif subscriueit this my procu-
ratorie with my hand, at Glasgw, the xix of Februar, the zeh of God jm vP thre
scoh and fourtene zeiris, befoh thir witnes, James Law, gouldesmyth, George
BureU, WUhame Hegait, burgess of Glesgw, and George Maxvell, sone to the
said Johnne MaxveU of Neddhpollok.
Eglyntoun.

310 CHARTERS AND FAMILY PAPERS. [1574.
Discharge by the Procurators of Hew third Earl of Eglintoune to
Sir John Maxwell of PoUok for £1000, 21st February 1574.
1 5 7. We, Maistir Archibald Crawfurde, persoune of Eglissem, and WUliame Hegait,
burges of Glesgw, procuratouris to ane nobUe and potent lord, Hew Erie of
Eglintoune, Lord Mwngumrie, grantis ws to haif ressaueit, in nayme and behalf
of the saidis Hew Erie of Eglintoune, fra Johnne Maxvell in Kowglenes, and
J ohnne MaxveU in Auldehows, in nayme and behalf of ane reycht honorabile
man, Johnne MaxveU of Nedder Pollok, knycht, the sowme of ane thowsande
pundis money, for the ahenatioune and wedsettinge of the saidis Erlis landis
of Bonytoune, Fluris, and wtheris his landis, contenit in ane contracte endit
betuex the saidis Erie, vpone the ane pairt, the saidis Johnne MaxveU, for hym
self, Patrik and Eobert MaxveUis, his soneis, vpone the wthh paht, of the dait,
at Glesgw and Neddhpollok respectiue, the xix day of Februar, the zeir of
God i™ vP threscoh and fourteyne zehis ; quhilk sowme we deliuerit to James
Eos in nayme of the saidis Erie, to be dehuerit to the Erie of CassiUis. Off the
quhilk sowme of ane thowsande pundis, in nayme of the saidis Erie, we grant
and haid ws weUe content and thankfullie payit, and in nayme of the said
Erie exoneris the said Johnne Maxvell of Neddhpollok thairof, his airis,
executouris, and assignayis, for euyr ; and als hes deliuerit to the saidis Johnne
a powar and procuratioune committit to ws to ressaue the saidis sowme. In
witnes of the quhUk, we haif subscriueit this our acquittance and discharge,
subscriueit with our handis at Glesgw, the xxi day of Februar, the zeir of God
im vP thre scoir and fourtene zeiris, befoir thir witnes, Maister Thomas Archi
bald, persoune of Cardros, Mr. Eobert Harbesoune, persoune of Aire, James
Eois in Mayboyle, and Thomas Nasmyth, seruitour to my Lord Erie of CassiUis,
with wtheris diuers. Williame Hegait, with my hand.
Thomas Archibald, persoune of James Eos, witnes.
Carclross, witnes. Thomas Nesmythe, witnes.
Mr. Eobert Herbertsoun, vitness. Johnne Maxwell in Kowglan, wetniss.
I grant the ressait of this sovm, quhUk imediatlye was deliuerit, at my

1574-78.] CHARTERS AND FAMILY PAPERS. 311
Lord of CassUlis' command, to James Eos, seruand to my Ledy of CassiUis, and
wther wyis nocht intromettyt with me nor zit said WUham Heched.
Mr. Archibald Craufurd, persoun of EgUshem,
with my hand.

Depositions of Gavin Maxwell of Auchenheid and others, upon the Inventory
of the ahship goods of Sir John MaxweU of Pollok, c 1578.
Depositio testium domini PoUok militis, contra Elizabeth dominam
PoUok et WUlelmum MaxweU executores quondam Johannis
MaxweU domini PoUok mUitis sui patris, etc.
Gawaine Maxwell of Auchinheid sworne and admittit, mareit, lvi zehis or
thahbye, deponis that he saw vmquhyle Johnne MaxweU of Nethir PoUok haif
ane goldin cheinzie the space of xxxii zeris bigane or thahbye : Knawis nocht
the wecht nor avaUl thahof, nor knawis nocht gif he had the same the tyme of
his deceis or nocht : Knawis na braslettis of gold libeUit. Saw the defunct
haif ane PortingaUl ducatt, ane rois nobUe, ane Harie nobUe an dowbile ducatt,
ane angell nobile, ane crossett ducatt, ane demye, ane crowne of the sone, ane
vnicorne haiff crowne, half vnicorne, ane pistolatt crowne, ane fyif actyoun
croune, the space of xxx zeiris syne ; bot knawis nocht quhat he had the tyme
of his deceis. Knawis the lahd and ladie had ane cros of gold and ane cros
of sUuer, bot knawis nocht to quhome thay pertenit, nor quha had thame the
tyme of his deceis. Knawis nocht the massie pece of shuir libellit ; knawis he
had ane pistolatt with twa roches : Knawis he had ane twa handit sworde :
Knawis nocht gif he had the same the tyme of his deceis. Knawis he had ane
but and ane a handit sworde : Knawis nocht ane targatt of gold libeUit.
Knawis ane steU bonet. Knawis nocht gif he had the samen the tyme of his
deceis. Knawis he had ane marekin skin to it, ane Lyouns canues dowblatt,
ane pair of blak Flemyng hois, ane blak cloik, ane gowne of grayis, ane ryiding
cloik of grayis, ane wylie coit : Knawis nocht quhat he had thahof the tyme
of his deceis. Knawis he had sarkis and naipkins, and knawis nocht the quan-
taties : Knawis he had ane hors and haUl furnaissing : Knawis nocht gif he
had the same the tyme of his deceis. Knawis ane jak, ane pah of plait slevis,
ane belt, ane quhinger, ane purs, ane pah of gluifis, ane pah of buttis, sokis,

312 CHARTERS AND FAMILY PAPERS. [1578.
spurris. Knawis nocht gif he had the same the tyme of his deceis : Knawis
nocht the sokis of velvett : Knawis ane stand of Dornik with ane covir, xh
dornik seruiettis, ane breid claith, ii dornik towaUis, an fine bunkour for coviring
of ane buird, ane buhd claith of lynnyng, with xii seruiattis of lynnyng, and
ane breid claith with twa hundh drying towellis. Knawis nocht gif he had the
same the tyme of his deceis. Ane BybUl in Inglis, ane cadday, and ane matt.
Knawis nocht the doun bed. Knawis lynnyng, scheittis, bowstar, coddis, wairis,
blankettis, coveringis, ane arres work, ane fine stand of grein curtingis, ane
fine reignne of gold, quhilk reignne he saw the lady haif vpone hh fyngar sen
his deceis. Ane shuir saltfatt, ane dosane of siluh spvnis, ane sUuh masar our-
ght : Knawis nocht ane sUuh pece : Knawis twa siluh tassis Sanct Mawnis
[i. e., Magnus] scull, ane drynking glas, and tanquard, ane pote, ane tyn pynt,
ane tin quart, and tin gaird, ane basin, and ane lawar. Knawis he had mony
pewdh veschall, quantiteis and availlis knawis nocht. Knawis ane greit tin
fiacoun, and ane choppin flacoun, ane tin wattir pott, ane lang met burde, ane
chyre, ane countour, ane kist, ane Flandirs coffir, twa chandlars, and copburde
of tymbir, ane langsattill had certane cuisschingis, ane greit garneU in the
chaipeU, ane ark, ane steill box, ane wther box, ane fine stand bed, ane lang-
satill bed, ane irne chimnay, ane hart home, ane trein budzeU, ane mekUe
brasin pott, ane mekile pane, ane pair of rakis, speit, tangis, and ladiU, ane
brasin mortar, ane dressing knyff, ane hewing ax, ane dressing buhd, ane brew
caldroun, ane mask fatt, ane gylefatt, ane laid galloun, tummaUl, and woniU
dische. Had certane barreUis, ane hne cruik, ane frying pane, ane roisting
irne, certane tubbis, ane window claith clayth, certane sokis, ane pah of hne
boyis, ane borreU, ane wymmiU, ane girdiU, ane baikbuhd, ii pah pott bowUis :
Knawis nocht ane barkit hyid. Knawis ane spounge, twa drawin oxin, with
pleuich and pleuich graith, harrowis and hanow graith, carris and car graith,
ane speh, ane gadding staff, ane troweU, ane mattok, spaid, and schuill, ane
irne grape, ane pair of ois : Knawis nocht s ittis, nor baik
stwiU. Knawis ane pair of woU cammes, ane pah of cardis, ane spinning
quhehl. Knawis nocht gif he had all the same the tyme of his deceis.
James Stewart of Cardonald, lxvi zeiris, mareit, deponis : The lahd of
Pollok had ane cheinzie, the tyme of his deceis, of vi vnse wecht or thahbye,
quhilk the said James resauit in wadsett fra the defunct the space of xxxvi

1590-93.] CHARTERS AND FAMILY PAPERS. 321
secrete counsale, comperit Johnne Lord Maxwell, as principaU, and Sir Johnne
MaxweU of Nethir Pollok, knycht, as cautioner and souritie for him, and actit
and obleist thame selffis, coniuncthe and seueralie, that the said Lord Maxwell
sail releive our souerane Lord and his wardanis for aU attemptattis committit,
or to be committit, be sic as he is obleist to ansuer for, be the lawes and
generaU band, and that he sail present thame to justice and satisfie parties
skaithit, according to the act of parliament maid thairanent ; and the said
Lord MaxweU obleist him, his aires and successouris, to freith, releve, and keip
his said cautionar harmeles and skaithles of his becuming cautioun, as said is,
and of aU pane and danger that he salhappin to sustene thah throw. Ex-
tractum de libra actorum secreti consilii penes marciarum ordinem, per me
WUlelmum Wylie, scribam, sub meis signo et subscriptione manuahbus.
Willelmus Wylie.
Tack by James Hammiltoun of Torrens, to Mongo Anderson, of the
lands of Leclyok, parish of Blantyre, 8th January 1593.
164. Be it kend till aU men be thir present letters, me James HammUtoun of Tor
rens to haif enterrit, rentalht, receavit, and'admitted, and be the tennour heirof,
entenis, rentaUis, receavis, and admittis Mongo Andersoun, son lauchful to
Johnne Andersoun in Leclyok, kyndlie tennent to me in and to aU and haUl
ane aucht schilling four penney worthe land of extent of my landis of Leclyok
with the pertinentis, presentlie occupht be the said Johnne Andersone, hand
within the barony of Blantyir, perrochin of the samyn, and schhefdome of
Lanark, for aU the dayis, zeiris, termis, tyme and spaice of my lyftyme ; and
that be consent of the said Johnne Andersone, the [said] Mongo Andersone's
entrie thairto presentlie : Payand thahfoir zehhe, the said Mongo Andersone,
to me, my ahis, assignayis, factouris, and seruitouris, in my name, tuentie
schhlingis moneye, vsuaU off this realme, of sUuer maUl, at tua termes in the
zeh, Witsonday and Martymes in wynth be equall portiones, tua hennis, and
tua sufficient caponis, at Fasting-even zehlie, and ane boU beh at Beltane zeirhe,
with dew seruice vsit and wont alanerlie ; provyding alwayis, that it sail nocht
be leissum to the said Mongo to sett the saidis landis, nor na part thairof, to
ony persoun or persones, but my liciance askit and obteanit thahto ; and I the
vol. i. 2 s

322 CHARTERS AND FAMILY PAPERS. [1593-94.
said James HammUtoun of Torrens grantis me presenthe to haiff receavit fra
the handis of the said Mongo Andersone compleit payment and satisfactione of
his entrie siluer for the making heirof ; quhairof I hauld me weiU payit, and
exoneris, quitclames, and dischargeis him thairof for euir : and thairfoir, faith-
fullie byndis and obhssis me to warrand, acquiet, and defend this present
rentaU to the said Mongo Andersone, during the said spaice of my lyvtyme, in
all and be all thingis, as is above expremit, for payment of the zeirhe dewtie,
and dew seruice aboue named alanerlie, aganis aU deidlie, lelilie and trewlie,
but fraud or gyiU. In witnes heirof, I haif subscryuit this present rentaU with
my hand as followis, at the HaU of Torrens, the aucht day of Januar, the zeir
of God im vP four scoir thretteine zehis ; befoir thh witnessis, Eobert HammU
toun my sone, Johnne Crux in Crokket scheiU, and Johnne Flemyng notar.
James Hammaltoun of Torrans.
Eobert Hammiltoun of Torrens zonger, witnes.
Johnne Flemyng notar, as witnes.
Licence to Sir John Maxwell of PoUok and his servants, to remain at home
from the army proceeding to the north of Scotland, 5th October 1594.
165. We vnderscryvand haveand power and commission of the King's Maiestie to
the effect foUowing, be thh presentis gevis and grauntis lycence to Sir Johne
MaxweU of Nethir Pook, knycht, his houshald men, to remaine and abyde at
haime fra his Maiestie's oist and armye appoyntit to convene and passe ford-
wart with his Maiestie to the north pairtis of this realme, for persute of his
Hichnes' declarit traytouris and consphatouris aganist the trewe reUigione,
withowt anne paine, cryme, skayth, or danger to be incurrit be the fohsaidis
persones thahthrow, in thair persones, lands, giuds, or geir, notwithstainding
quhatsumever actis, statutes, or proclamationes maid or to be maid in the
contrair ; quhahanent, and all paines contenit thahintiU, we, in his Maiestie's
name, dispensse, be thir presentis : Gevin vnder the signet, and subscryvit
with our hand at Edinburghe, the fyft daie of October 1594.
Blantyir.
Compositio xl lib. Clericus Eegistri.
Neubotle.

1615.] CHARTERS AND FAMILY PAPERS.

323

Information by Sir Hugh Campbell, first Lord Loudoun, for obtaining a
new grant from the King of his estates and honours after the death of his
only son, c. 1615. Informatioun for the mater ze watt off.
166. Fhst, ze saU receave the copie off the warrand quhUk wes sent to the counsaUl
in my favour, be my Lord Duke's procurement, efter Enthkyn had bene at the
King bezond CahleUl. The quhUk is reasonabUl weiU in aU thingis quhUl it
cum to the hinder end, and to the last claws thairoff ; to wit, quhair it sayes
alwayes that na honouris, dignities nor offices be thairin resigned, etc., quhilk
last claus maid me. that I culd nocht vse that warrand, and thairfoh haif formed
ane new copie of ane warrand quhUk wantis that last claus, and aggreis in the
rest neh by with the copie of the aid wanand, except in sum litill doutsum
fraises and wordis quhUkis I haif maid mair plaine in this new copie of war
rand that I haif sent to zow, as ze wiU persaif be raiding and conferring the
copie of the first warrand with the last.
Eeasones quhairfoir the King suld nocht except my honouris, dignities,
nor offices, out of my resignatioun and new infeftment to be maid
thahwpoun, as followis, —
Fhst, becaus this new infeftment that I craife is to my self, and to the
airis maUl lauchfuUie gottin or to be gottin of my awin bodie, quhUkis fahzeing,
to my nerrest ahis maUl quhatsumeuer, and sa, is nocht to ony particular per
soune as a tailzie, nor to na stranger, bot to my awin nenest lauchfuU ahis
maUl, without nominatioun of ony, bot onlie the air maUl that God appoyntis,
and na man overloppin, nor dishereist, nor wrangit.
Secundlie, incaise his Maiestie wald deaU sa hardhe with me (quhilk I
luke nocht for) as to refuse to lat my honouris and offices be resigned, or con-
tenid in my new infeftment, that I wald now haiff, and sa wald compeU me
to tak the infeftment of my landis without my honouris and offices ; than it
suld nocht onlie dismember my pure auld hous, quhilk sumtymes hes served
his Maiestie honestlie and trewlie as his Hienes self can remember, gif he please,
and deprive my lawfull ahis of the sam, bot lykwayes these honouris and

324 CHARTERS AND FAMILY PAPERS. [1615.
offices suld pertene to the Laird of Cesnok and his ahis,. and that be reasoune
of my resignatioun and lait infeftment obtenid be me within thir sax zehis of
my haiU landis and offices be way of taUzie, in the quhilk the Lahd of Cesnok
is the first persone ; and that part twiching the honouris and offices wald pas
fra the richteous ah maUl to the Lahd of Cesnok quha is nether lawchfuU nor
richteous thairto ; and the King suld nocht haif it to him self, bot his Maiestie
suld pwtt it, as it war, fra the richteous ah to thame that ar wnrichteous and
wnlawfull, quhilk wer ane verie hard conscience to do.
Thridlie, it is my resolued purpois, be the grace of God, incase of want of
airis maiU of my awin bodie, to marie ane of my sones dochteris wpon the sone
of my nenest and lawfuU air maUl, and sa the nenest and maist richteous
bayth of the maUl and femaiU to brvke my landis.
Fourthe, it wes the wiU of my sonne, quhen he departed this lyf, that this
gentUman, my nenest ah maUl, suld brake our landis, faUzeing ahis maUl of
my awin bodie, as he declahit in the heiring of mony honest men and minis-
teris thair present for the tyme, quha wiU zit testifie the same.
Farder, incaise that this new infeftment to the richteous ayr beis refused,
it wiU cast my hous in great confusioun and trubhl, the samyn being devydit
efter me in tua pahtis, the ane haifing richt to my offices and vther privilegeis,
and the vther haifing richt to my landis and leving, and sa wUbe the ready way
to enter all my freyndis and followeris in debait and blwde, neuer abiU to be
quenched agane ; quhahas, the granting to this new infeftment to the lawchfuU
ah wiU pacifie and sattiU all menis myndis, and keip the cuntrie in peace and
quyetnes. Last off all, seing it hes pleased God to tak away my onlie sonne fra me,
and thairby hes left me and my hous in great disolatioun, quhUk is the greatest
croce that euer come to me in this wardhl, all that fearis God, methink, suld
pitie my estait and eaise, and suld be loath to croce me and my hous, quhilk,
be his death, is fahin in this miserie, quhilk war in effect to ad affhetioun to
the afflicted, quhilk, I am weill assured, my gracious Souerane wUbe sorie to
do, or to be moved wnto.

1621.]

CHARTERS AND FAMILY PAPERS.

325

Account of Expenses of a journey from Edinburgh to London in the
year 1621.
167. It is to be remembirit that I restit auchting zour Ladyschipe, at my compt
making with zour Ladyschipe, in Edinburghe, vpon the vi of Marche 1621
zeiris, befoh the lahd went to Lundone, twentie merkis, quhairof I deburssit,
befoir zour Ladyschipe raid out of Edinburghe, for hors meit, eftir we had
maid compt . . . . . . . Is.
Item mah, for the fyve boyis waiges ane nicht . . xx s.
Item, for Mr. Johne's suipar and my awin, vpone the vii day xiii s. ihj d.
Item, to zour Ladyschipe to gif for sum sewing to Catrein Eiddick xxiiij s.
Item, for twa pah of gloves to zour masterschip . . . xxiiij s.
Item, for ane powthir horn . . . . .hij s.
xih s. ihj d.
ij s.
vj s.
vj s.
vj s. vhj d.
Sonday xihj s.
vj s.
vhj s.
xvj lb.
vj s.
xhj s.
xxx s.

Item, for my awin dinnar and suppar on the vhi day
Item, to Masie to by threid and nidUlis .
Item, to Halbertis woman,
Item, for ane scho to the gray haiknay
Item, for my awin dinnar vpon the ix day
Item, for our twa hors meitis, Settarday at nycht and
morning, efth the lady guid haim,
Item, to the stabUlar boy,
Item, to Willie for thais twa dayis wadges
Item, for ane pair of brasin pystoUis
Item, for powthir and leid
Item, for ane pokmantie ....
Item, to WUlie to by schone and hois
Item, for schoing of the lyart naig
Item, for ane curpall to the lyart naigis saidiU
Item, at our cuming out of Edinburghe to Dumfreis, vpon the ix
of Marche, in Ingirstoune be the way for breid, cheis, and drink,
and ane choping of seek .
Item, to ane fiddhlar in Biggar .
Item, to Wilhe in Biggar quhan he guid away to Dumfreis

xx s.

viy s.

xy s.
xij s.
vhj s.

326 CHARTERS AND FAMILY PAPERS. [1621.
Item, in Drumfreis, for ane eU of Umhng to mend the lairdis breik-
lyningis with ....... vhj s.
Item, in Drumfreis, for sum peis to the hors, and stray to bed tham
with, quhan thai cam in . . . . . x s.
Item, for sum nidills and threid . . . . . ij s.
For sum peper . . . . . . ij s.
For ane lytthl box to put threid and nidUls into . . xij d.
For weshing of sum clais in Drumfreis .... xij s.
Item, for ane postpUzen mending, chalmiring and lagging of the
saichll ....... xvj s.
Item, to Nan the lanirar ..... xxiiij s.
Item, to the servandis in Drumfreis . . vj lb. xhj s. ihj d.
Item, to the nureis thah vj lb. xhj s. hij d.
Item, at our cumming out of Drumfreis, vpon the xvij day of
Marche, for sum meit and drink in Annan be the way . xxhj s.
Item, for sum aitis to the hors thah .... vhj s.
Item, at our cumming to CairiU that nycht, to the porter of the
port, bicaus it was steikit, of Inglis money, bicaus I begin thah
to compt in Inglis money, it being the first toune we cam to in
Ingland . . . . . . vj d.
Item, for zour masterschip, Eobert- Jokis, and my awin suppar
thah . . . . . . . ij s.
For the futman his suppar . . . hij d.
Item, for zour masterschip, Eobert Jokis, James the barbour, and
Johne Baldein, and my awin brekfast, bein fyve
Item, for six quartis Frensh wyne and ane of seek
For beh, ordinar and extraordinar
For Willie his brekfast and suppar
For hors meit thah .....
Item, for ane quart of wyne and suckir that Craigie brocht in
Item, to the servandis in the hous
Item, to the ostiUar
Item, at our cumming to the vodsyd out of CairiU, vpone the xviij
of Marche for drink to the futman be the way . . ij d,

hj s. ihj d.
vij s.
ijs.
vhj d.
ijs.
xij d.
i s.
hij d.

1621.]

CHARTERS AND FAMILY PAPERS.

For zour masterschip, John Baldeinis, and my awin suppar thair
Item, for our brekfastis .....
For beir thair ......
For the futman his suppar and dinnar
For hors meit thah .....
For sum rosisolus thair .....
Item, to the ostiUar .....
Item, at our ganging to Bowis vpon the xix day, for drink to the
futman be the way ......
For zour masterschip, Johne Baldein, and my awin suppar thair
that nycht ......
For beh thah ......
For our thrie brekfastis on the xx day
To the servandis thair .....
To the ostiUar thah .....
For thrie new schone to the gray haiknay thair .
For meit to the futman, suppar and dinnar
Item, at our cumming to Caitrik that nycht — zour masterschip went
wp to sie the stipiU that nycht — to the belman
To the puir thah .....
To ane fallow thair, to go seik ane hors to by .
For sum extraordinar beh zour masterschip drank thair .
To the servandis thair .....
For weshing sum cleis thair ....
To ane auld man thah, that talkit to zour masterschip in the kirk
zaird .....••
For the spuria finding that WUlie tint
To the ostiUar thair . '
For twa new schone to the black hors
To the puh at zour away cumming
Item, at zour cumming to Borrowbrigis, vpon the xxiij of Marche
for buttir and beir to the hors feit thair
To the ostiUar thair .....
To the puir thair .....

1 s.
i s.

1 s.
h s.
i s.

1 s.

327
vi d.
vi d.
i s.
i s.
ij s.
ihj d.
hij d.
ihj d.
,. vi d.
ihj d.
vi d.
vi d.
iij d.
vi d.
i s.
vi d.
ij d.
vi d.
i s.
i s.
vi d.
vi d.
hij d.
iij d.
i s.
vi d.
ihj d.
ihj d.
hij d.

mJ

s.

i s. vi

d.

vi

d.

i

s.

i s.

ij

d.

iuJ

d.

ij

s.

vi

d.

328 CHARTERS AND FAMILY PAPERS. [1621,
For drink to the futman be the way . . . ii d.
Item, at our cumming to Doncaster, vpon the xxiiij day of Marche,
for ane hatt to Willie thah .....
For musik thah .......
Item, for strapping of zour buitis thah ....
Item, at our cumming out of Doncaster to Noteinghame, vpon the
xxv of Marche, to ane man that lutte zour mastership sie the
casteU and the hollis about the casteU craig
For banding, plaiting, stuffing, and chalmiring of zour saidiU
For setting on ane scho on the lyart naig, and sum naillis
To the puir thair ......
Item, at our cumming out of Noteinghame to Laister, vpon the
xxvi day, to WiUie, to by schone and gloves
For sum ghthing to the hors in Laisth ....
To ane faUow that sould haue gydit ws the way to Northamtoune,
quhUk we sent bak again . . . . vi d.
To the saidUlar, to set to curpaU and posteilzen tagis to the lyttU
saidill ........ hh d.
Item, at our cumming out of Laisth to Northamtoune, vpon the
xxvii day, for ane girth wob to the Lairdis hors . . ij d.
To the puh folkis thah . . . . . hij d.
For ane pair of wowling hois to zour masterschip . . iij s.
To the pure at zour louping on . . . . ihj d.
Item, at our cumming out of Northamtoune to Dunstubill, vpon
the xxviii day, for ane scho to the lyart naig be the way, and
sum nahlis . . . . . . . vi d.
Item, at our cumming to Lundone, vpon the xxix day of Marche,
for ane hatt and ane blak string to zour masterschip . . xi s.
Mair, for ane quart of seek and sum tobacco, and ane pyp, with
Mr. Alexander MaxweU in zour awin chalmir . . .xij d.
Item, twa sindry tymes for tobacco with Mr. Drummond . xij d.
For sum greis to the hors bakis ..... ihj d.
Item, vpon the vi of ApryU, to the wattirman bak and fordwart,
quhan your mastership went to speik Sir Johne Hammiltoune . i s.

1578.] CHARTERS AND FAMILY PAPERS. 313
zehis syne, or thahbye, vpone the sowme of xx lib. Knawis na forder of
cheinzeis : Knawis na braissillettis nor gold in speciali : Confessis he saw ane
saltfatt and spvnis with ane siluir maiser gilt, ane sUuh tas : Knawis nocht the
pece, and quhiddh he had the same the tyme of his deceis, he knawis nocht, nor
zitt the rest of the libell. Memorandum. James Stewart confessis and deponis,
the time of the lard of Pollok defunctis buriaU day that he had in Nether PoUok,
and saw presentit to the tabUl ane pece of sUuir, and ght maiser, and salt fatt,
with mony spvnis.
John MaxweU of Auldhous, mareit, 1. zeris or thahbye : witnes sworne and
admittit ; deponis, conforme to Gawane MaxweU of Auchinheicl, anent the
goldin cheinzie, and saw na braislettis nor speciaU gold libeUit, bott hard saye
he had siclyik : Knawis na cros of gold nor sUuir, nor massie pece of sUuh.
Knawis ane pistolatt with three or twa roches. Confessis viii siluh spunis,
ane silvir pece, and twa tassis. And forder, in aU the rest he is conforme to
Gawane MaxweU of Auchinheid, and knawis (nocht) gif the samen wes in his
possession the tyme of the Lairdis deceis.
George Govane in Manis, 1. zehis, mareit, deponis, the lard of PoUok had
twa goldin cheinzeis, ane thatt he gatt fra my Ladie Angus, ane wther fra
Capitane James Stewart of Cardonald, and ane of thame he hard the defunct
say weit fouretene crownis of the sone : Knawis na braissiUettis of gold : Hard
say he had sic : Knawis he had ane PortingaUl ducatt, and had the same in his
hand, and said he gatt the same in an new zeh gift fra my Ladie Angus, and
in vthir [thingis deponis conforme to Gawane MaxweU of] Auchinheid in that
and aU wthir thingis : knawis nocht gif he had the same the tyme of his deceis.
Johnne Kyng, myllar at Schaw Mylne, mareit, lxvi zehis of age, deponis ;
he saw the defunct haif ane goldin cheinzie the space of xxvih zeris syne :
Knawis nocht gold cunzeit nor sUuir : Knawis na braislettis, targatt, nor cros
of gold, nor massie pece of sUuir. In the rest, conforme to the Lahd of Auch
inheid, Johnne MaxweU and George Govane in omnibus : Knawis nocht quhat
the defunct had the tyme of his deceis.
Johnne Fergussoun in Polloktoun, mareit, lxh zehis of age, deponis con
forme to the Lahd of Auchinheid and John Maxwell in omnibus, and knawis
nocht quhat he had the tyme of his deceis. -
Johnne Burne in Poloktoun, xl zehis, mareit ; confessis and deponis he
vol. I. 2 E

314 CHARTERS AND FAMILY PAPERS. [1578-83.
saw the defunct weir cheinzie about his craig, the space of xx zeiris syne.
Confessis he had of the defunctis in keiping, bot knawis nocht the quantitie
nor cunzie. Knawis na braislettis nor targattand knawis bot viii siluh spvnis.
In reliquis, conformis est Georgio Govane, etc.
John HaU serieand, mareit, lx zeiris, conformis est prioribus, confessis
bot viii spvnis.
WUhame Jaksoun in PoUoktoun, mareit, 1. zeiris, deponis ; he knawis thah
wes ane goldin cheinzie amangis thame, and belevis it wes the ladies : Con
fessis viii sUuir spunis. In reliquis conformis est prioribus, and knawis nocht
quhat he had the tyme of his deceis.
James Dunlop in PoUoktoun, mareit, xl zeiris, deponis ; he saw the defunct
haif ane goldin cheinzie in his awin box, the space of xviii zeiris syne, and
knawis the auld Laird and defunct had ane pair of braislettis, and belevis the
zoung Laird hes the same presenthe : Knawis nocht the cunzeit gold in speciaU
targatt, cors of gold or sUuir, or massie pece of sUuir, and is conforme to the
Lahd of Auchinheid in the rest : nor knawis nocht quhat he had the tyme of
his deceis. Extractum de libro curie vicecomitatus de Eenfrew, per me, Joannem
Maxwell, notarium, ac eiusdem curie scribam, sub meis signo et
subscriptione manuahbus.
[Indorsed by Sir George Maxwell of PoUok : " Depositions upon the in
ventor of the aheship goods of Sir John MaxweU, father to Sh John that was
kiUed in the south, and anent two gold ehaines."]
Charter by Hugh Wallace of CarneU to William Maxuell, brother of
Sh John MaxueU of Pollok, of an annuahent of twenty merks from the
lands of Quhytleis, 8th June 1583.
159. Omnibus hanc cartam visuris vel audituris, Hugo WaUace de CarneU, salutem
in Domino sempiternam. Noueritis me vendidisse, tituloque pure venditionis
alienasse, et hac presenti carte mea confirmasse, necnon vendere, tituloque pure
venditionis ahenare, et hac presenti carta mea confirmare, dilecto meo VUlelmo
Maxuel fratri germano Joannis MaxueU de Nethir PoUok, mUitis, heredibus

158 3. J CHARTERS AND FAMILY PAPERS.

315

suis et assignatis quibuscunque, totum et integrum vnum annuum redditum
viginti mercarum vsualis monete regni Scotie annuatim exeundum, leuandum
et percipiendum de totis et integris meis quadraginta sohdatis tenarum antiqui
extentus de Quhytleis, jacentium in parrochia de Stewartoun balliuatu de
Conynghame et infra vicecomitatum de Aire : Et hoc pro certis pecuniarum
summis mihi per prefatum VUlelmum gratanter et integre persolutis, de quibus
teneo me bene contentum, placatum et solutum, dictum que ViUelmum heredes
suos et assignatos, pro me, heredibus meis et assignatis, de eisdem exonero imper
petuum presentis carte mee per tenorem : Tenendum et habendum totum et
integrum prescriptum annuum redditum viginti mercarum monete annuatim
exeundum, leuandum et percipiendum de dictis quadraginta solidatis tenaram
antiqui extentus de Quyhteleis cum pertinenths, dicto VUlelmo MaxueU heredi
bus suis et assignatis, de me et heredibus meis in feodo et hereditate imperpe
tuum, cum libero introitu et exitu ad dictas terras, pro dicto annuo redditu
percipiendo et leuando annuatim et terminatim vt premissum est, ac cum omni-
moda potestate et facultate dicto VUlelmo et heredibus suis et assignatis quibus
cunque, dictas terras aut aliquam earundem partem, colonos et inhabitatores
earundem ac eorum bona pro dicto annuo redditu casu non solutionis eiusdem
proprhs eorum manibus seu aliter, prout eis magis expediens visum erit, na-
mandi et distringendi, namas appreciandi et abducendi, libere, quiete, et adeo
libere, sicuti ahquis annuus redditus infra regnum Scotie de quocunque per
quemcunque tenetur, possidetur, leuatur seu percipitur, teneri, possideri, leuari
seu percipi poterit in futurum, sine aliquo impedimento, reuocatione, contra
dictione aut obstaculo aliquali : Eeddendo inde annuatim dictus VUlelmus
heredes sui et assignati, mihi et heredibus meis et assignatis, vnum denarium
vsualis monete regni Scotie, super solo prefatarum terrarum in festo Penthe
costes in nomine albefirme, si petatur, tanquam pro omni alio onere, exactione,
questione, demanda seu seruitio seculari, que de predicto" annuo redditu per
quoscunque iuste exigi poterit quomodohbet vel requiri : Et ego vero prefatus
Hugo Wallace de CarneU, heredes mei et assignati, totum et integrum dictum
annuum redditum, necnon dictas terras sic quod dictus annuus redditus de
eisdem percipi et leuari poterit, ab omnibus vardis, releuhs, nonintroitibus,
dominarum terths, coniunctis infeodationibus, eschetis, forisfacturis, recogni-
tionibus publicis seu priuatis saisinis, et ab omnibus alhs periculis et impedi-

316 CHARTERS AND FAMILY PAPERS. [1583-84.
mentis quibuscunque, in omnibus et per omnia, forma pariter et effectu, vt
premissum est, contra omnes mortales varantizabimus, acquietabimus et imper
petuum defendemus. Insuper dUectis meis Joanni Steynstoune et eorum
cuUibet coniunctim et diuisim baUiuis meis in hac parte speciahter constitutis,
salutem : Vobis precipio et firmiter mando, quatenus visis presentibus, indUate
statum et saisinam hereditariam, necnon realem, actualem et corporalem pos
sessionem totius et integri prefati annui redditus viginti mercarum monete
annuatim exeundi, leuandi et percipiendi de dictis meis quadraginta sohdatis
terrarum de Quhytleis antiqui extentus ad terminos prescriptos, dicto VUlelmo
MaxueU, heredibus suis et assignatis quibuscunque, secundum vim, formam,
tenorem et effectum suprascripte carte mee quam de me inde habet, juste
deliberetis et haberi faciatis et sine dhatione, per denarii traditionem vt moris
est ; et hoc nuUo modo omittatis : Ad quod faciendum vobis et vestrum
cuihbet coniunctim et diuisim baUiuis meis in hac parte antedictis, meam
plenariam et hreuocabhem tenore presentium committo potestatem. In cuius
rei testimonium huic presenti carte mee manu mea subscripte, sigiUum meum
est appensum, apud Glasgw, die octauo mensis Junii, anno Domini millesimo
quingentesimo octuagesimo tertio ; coram hhs testibus, Patricio MaxueU fratre
germano dicti WUlelmi, Eoberto Lettrik nuncio, Joanne Watsoun in Glasgw,
et Jacobo Woddrop notario, cum diuersis aliis. Hew Wallace of CarneU.
Declaration by Mr. David Wemyss, minister of Glasgow, and others, in the
case of Elizabeth Jak, who had been ravished by Niniane Stewart,
26th October 1584.
160. Be it kend to aU men to quhais knavledge thir presentis sail cum, and in
speciaU to our Souerane Lordis Maiestie, his secreit counsall and remanent
ministeris of justice within this realme : Forasmekile as acording to the law of
God, Christiane cheritie requyris aU the faithfuU to testifie the treuth, and
speciallie quhair the suppressing thahof may hurt the innocent, we vnderwrittin
testifeis, in the actioun and caus betwix Ninian Stewart, sone to Capitane
James, Ehzabeth Jak, quha was ravischit by the [said] Niniane and his com
plices, Mr. Thomas Jak and Euphame Wylie, parentis to the said Elizabeth,

1584-86.] CHARTERS AND FAMILY PAPERS. 317
that vpon the xix day of October last bypast, eftir the said Elizabeth was set
at libertie, and brocht to hh fatheris hous, we convenit in the CoUedge haU,
with sindrie vther gentilmen of the cuntrey, at the desyir of the said Niniane
and his father, and travelit to sie gif we culd perswade the said Elizabeth, with
the consent of her parentis, to mary the said Niniane ; and perswadit her
father, gif his dochter wald consent to mary the said Niniane, he sould not be
far against the sam. Vpon the quhUk motive, ane pairt of ws, be mutuall con
sent of parteis, war send to the said Mr. Thomas' hous, quhair the said Ehza
beth remanit, and vsit suche kynd of perswasive reasonis as was possible, to
move hh to consent to the said Ninianis petition ; quha on na wayis wald
consent thairto. Thaireftir, supponing the said Niniane micht perswad hh
mare nor we, we causit the said Niniane and Elizabeth to enter in the chalmer
of dais at the CoUedge haU end, quhair the saidis Niniane and Elizabeth con-
ferrit be the space of ane quartour houre and mare ; and in end, quhen the
said Ehzabeth com in aU our presens, scho affirmit that scho wald nevir mary
the said Niniane, if thair war na mo men in the warld to be gottin, seing he
had laborit sa far as in him lay to dishonour hir, and to put so soir trubhl to
hir parentis hartis, as he had done. Eftir quhais refusaU, the said Ninian
being stomachit and angrie, brustit furth with sum hard wordis aganis the said
EUzabethis father, avouing in aU our presens that he suld have his lyf ; quhair-
with we war offendit. And thh thingis to be of treuth, in forme as is writtin,
we affirme be thir our hand writtis : At Glasgw, the xxvi of October 1584.
Mr. David Wemyss, minister of Glasgw.
Alexander Cunyghame, zownar of Clonbytht.
William Cunyngham.
Mr. Patrik Scharp.
Charter by John Maxvel. of PoUok, knight, with consent of Margaret
Cunynghame, his spouse, to his brother, Walter Maxvel, of an annual-
rent from the lands of Nethir Cowglen, 16th November 1586.
161. Omnibus hanc cartam visuris vel audituris Johannes Maxvel de NethirpoUok
miles, et Domina Margareta Cunynghame mea sponsa, salutem in Domino
sempiternam : Noueritis nos vnanimi consensu et assensu vendidisse, tituloque

318 CHARTERS AND FAMILY PAPERS. [1586.
pure venditionis alienasse, et hac presenti carta nostra confirmasse, necnon
vendere tituloque pure venditionis alienare, et hac presenti carta nostra con-
firmare dUecto meo fratri Magistro Valtero Maxvel, heredibus suis et assignatis
hereditarie, totum et integrum vnum annuum redditum viginti hbrarum vsualis
monete Eegni Scotie annuatim exeundum et leuandum ad duos anni terminos,
festa videhcet penthecostis et Sancti Martini in hyeme per equales portiones,
de totis et integris tribus libratis terrarum antiqui extentus de Nethhcowglen
seu de quacunque parte earundem jacentium in parochia de Eistwode infra
vicecomitatum de Eenfrew, nunc occupatis per Thomam Glen et AUanum Glen
fratres ; et hoc pro certa quadam pecunie summa mihi per prefatum Magistrum
Valterum gratanter et integre persoluta, de qua quidem summa teneo me bene
contentum, placatum, et integre persolutum, dictumque Magistrum Valterum,
heredes suos et assignatos, pro me heredibus meis et assignatis, de eadem exonero
et quieteclamo imperpetuum presentis carte mee per tenorem : Tenendum et
habendum totum et integrum predictum annuum redditum viginti hbrarum
vsualis monete predicte annuatim exeundum et leuandum de dictis totis et
integris tribus libratis terrarum antiqui extentus de Netherkowglen seu de
quacunque parte earundem, jacentium vt premissum est, dicto Magistro Valtero,
heredibus suis et assignatis hereditarie, de me heredibus meis et assignatis
hereditarie imperpetuum, cum libero introitu et exitu ad dictas [terras] pro dicto
annuo redditu percipiendo et leuando, et casu non solutionis dictas terras aut
aliquam earundem partem colonos ac inhabitatores earundem, ac eorum bona
namandi distringendi, namas abducendi et appreeiandi, abductas et apxjreciatas
propriis suis vsibus apphcanch per se et suos proprios officiarios, sine vllo juris
strepitu aut citationis premonitione prehabita, libere, quiete, et adeo hbere sicuti
aliquis annuus redditus infra Eegnum Scotie de quocunque per quemcunque
tenetur, possidetur, percipitur, seu leuatur, teneri, possideri, percipi, seu leuari
poterit, sine aliquo impedimento, reuocatione, aut contradictione quacunque :
Eeddendo inde annuatim dictus Magister Valterus, heredes sui et assignati,
mihi heredibus meis et assignatis, vnum denarium vsualis monete regni Scotie
super solo prefatarum tenarum, in festo penthecostis, nomine albe firme si
petatur tantum, pro omni alio onere, exactione, questione, demanda seu seruicio
seculari que de predicto annuo redditu per quoscunque iuste exigi poterit quo
modohbet vel requiri : Et ego vero prefatus Johannes, heredes mei et assignati,

1586.]

CHARTERS AND FAMILY PAPERS.

319

totum et integrum prescriptum annuum redditum viginti librarum annuatim
exeundum de dictis tribus libratis terrarum de Nethhkowglen seu aliqua earun
dem parte jacentium vt premissum est, ad jam dictos anni terminos et per
dictas equales portiones, necnon dictas terras, sic quod dictus annus redditus de
eisdem percipi et leuari poterit, dicto Magistro Valtero, heredibus suis assignatis
ab omnibus vardis, .... in omnibus et per omnia, forma pariter et effectu
vt premissum est, contra omnes mortales varrantizabimus acquietabimus, ac
imperpetuum defendemus : Quochca dilectis meis Patricio MaxveU meo fratri
et eorum cuUibet, baUiuis meis in hac [parte] speciahter constitutis
salutem ; vobis et vestrum cuUibet stricte precipio et firmiter mando, quatenus
visis presentibus, indUate statum et sasinam hereditariam, necnon realem actu
alem et corporalem possessionem totius et integri prefati annui redditus viginti
librarum vsualis monete regni Scotie annuatim exeundi et leuandi ad duos
anni terminos, festa videlicet penthecostis et Sancti Martini in hyeme per
equales portiones, de totis et integris tribus hbratis terrarum antiqui extentus
de Nethhcowglen seu de quacunque parte earundem, jacentium vt premissum
est, dicto Magistro Valtero, heredibus suis et assignatis vel suo certo actornato
latori presentium, per tene et lapidis ac denarh traditionem vt moris est, iuxta
et secundum vim formam et effectum suprascripte carte mee iuste deliberetis
et haberi faciatis, et sine delatione ; et hoc nullo modo omittatis ; ad quod facien
dum vobis et vestrum cuUibet coniunctim et diuisim meam plenariam et irreuo-
cabilem tenore presentium committo potestatem : In cuius rei testimonium
huic presenti carte mee manu mea ac manu dicte Domine Margarete . mee
sponse, in signum sui consensus ad premissa subscripte,
sigiUum meum proprium armorum est appensum, apud
Haggis, die decimo sexto mensis Nouembris, anno Domini
miUesimo quingentesimo octuagesimo sexto ; coram his tes
tibus, Johanne Maxuel de Cowglen et WiUelmo SteruUing
seruo dicti Johanis, cum diuersis ahis.
Johne Maxuell of NetherpoUok, knyt.
John Maxwall, not., wetnais.
Williame Stirling, witness.

320 CHARTERS AND FAMILY PAPERS. [1588-90.
Obligation by Eobert Lord Sempill not to molest Sir John Maxwell of
Pollok and his brothers, and theh servants, on account of any quanels,
etc., " in ony tymes bygain," 23d AprU 1588.
162. I, Eobert Lord SempUe, takand the burdene on me for my selff, kin, freindis,
comphces, and pahttakeris quhatsumeuh, be the tenour heiroff hes assuheit^
and assuheis, Sh Johnne Maxwell of PoUok, knycht, WUham, Patrik, Mr.
Walter MaxweUis, brether to the said Sir Johnne, his and thair domestik
seruandis quhatsumeuir, that thay and eueriane of thame, in speciaU and in
generaU, salbe vnhurt, vnharmeit, and vnpersewit be way of deid, in thair
bodyis or guidis, wtherwayes nor be ordour of law, be me, my fohsaidis, and
aU that I may let, vnto the first day of August nixtocum, for quhatsumeuh
caus, occasioun, or trubles fallin furth and committit betuixt ws in ony tymes
bygain; and this I promit to be obseruit, keippit, and fulfiUit be me, and
takand the burdene on me as said is, be my honour, lawtie, and fidelitie, as
said is. In witnes quhairof I haue subscriuit thir presentis with my hand, at
Paslay, the xxih day of ApryU, the zeir of God i™ vP four scoir aucht zeiris,
befoir thir witnessis, Lord Claud HammUtoun, Commendatour of the Abbay of
Paslay, Johnne HammUtoun of Alderstoune, John Craufurd, James Hammil-
toune, apperant of Garan, and Maister Eobert Kaa, seraitouris to the said
noble Lord.

Obligation by John Lord Maxwell to answer to His Majesty for the
conduct of his tenants and dependents, 5th August 1590.
Apud Edinburgh, quinto die mensis Augusti,
anno Domini im vP Ixxxx0.
163. The quhilk day, in presence of the Kingis Maiestie and lordis of his Hienes

1621.]

CHARTERS AND FAMILY PAPERS.

329

Mair, to the wattirman, the vij day, quhen zour mastership and
Mr. Alexander went to court .....
Mair, for ane brydill and ane bitt ....
Mah, for ane pah of sterop ahnis ....
For an lang buttoune to zour blak clok ....
For buttouning of zour gUt spuris that brak : zour mastership gaiff
sax pens, and I gaif moh to mak it out
To Eob Erwein, to tak hame zour letths to Scotland
For sum breid to the hors in Lundone ....
To Mr. Hayis man ......
For ane scho to the gray haiknay ....
Item, at zour going to TiboUis with the king, vpon the aucht of
Apryll, for six peckis of aitis to the thrie hors thair at aucht
pens a-peck ......
For hay to tham thair that nycht
To the ostiUar thah .....
For our bed thair .....
Item, to Tam Eger for thrie pair of gloves quhilk he bocht zour
mastership ......
Item, for ane quart of seek at zour dinnar with EyU, and Mr,
Alexander befoh ze went to TiboUis
Item, at zour ganging to TiboUis that nycht, the xij of Apryll, for
my bed and WUleis, twa nychtis
Item, vpon the xvi of ApryU to Tam, the wattirman, to tak ws
bak and fordwart to TempiUbar to speik Mr. Edger
Item, to Willie to by schone that day
Item, for zour stamp .....
Item, to the schomaker, to mak out ane compt of zour buttis and
shpparis ......
For sum red wax .....
Item, vpon the xviii day, at zour going to sie the stage play, zour
self, Mr. Johne MarcheU, Eobert Fostir, and my self, to latt ws
in, and for our saitis to sitt in ....
To the watthman that tyme .....
vol. I. 2

vi d,
ij s.
i s.
i s.
yd.
i s.
vi d.
ij s. vi d.
vi d.

ny s.
ij s.
iij d.
i s.
v s. vi d.
i s.
ij s.
i s.
i s. vi d.
v s. ix d.
hh s.
vi d.

ny s.
vi d.

330

CHARTERS AND FAMILY PAPERS.

[1621.

Item, at zour going to QuhythaU, vpon the xix day, to the watth

man

chalmir.

For breid to the hors that day
Item, vpon the xxiiii day, for tobacco brocht to zour
quhen Schir Francis was with zour mastership
Item, to Willie to by schone
Item, to the watthman to tak ws bak and fordwart to Quhythall
vpon the last of Apryll
Item, for zour sword dressing and skabarting
Item, to the man that cam with zour mastership to tak bak the
hors that zour mastership hyrit, quhen ze fell in the wattir
[betuix Lundone and TiboUis] .....
Item, to ane boy to tak the naig from the Swan to Bischopis gait
Item, for tobacco to zour mastership and Schir Francis, vpon the
last of ApryU .....
Item, for ariUis of your twa muntour caissis
For ane pair of spuris to zour mastership
For threid .....
Item, at my ganging to Greinwiche, vpon the xhj of May, to the
wattirmen to tak me bak and fordwart
For my dinnar thah ....
For ane tronk .....
To ane porter to carie it to Danmarkhous
For ane hatt and gold string to zour mastership, and ane
blak string to the Lady
For peper .....
For zour sword .....
For ane crampatt to zour ryding sword .
Item, at zour ganging to Greinwiche vpon the xvhj of Maj, to the
watthman to tak ws thair
For frutt thah .....
To the futman to fenie the hors at Lambeth to cum to Grein
wiche .....
For stabiU maill and hay at Greinwiche .

hatt and

iij lib

vi

d.

iij

d.

vi

d.

i s.

vi

d.

i
s.
ii s
vi
d.
ijd.
vi d.
i s.
i s. ihj d.
iij d.
i s.
i s.
xx s.
vi d.
xl s.
hjd.
, x s. x d.
vhj d.
ij s. vi d.
hij d.
vi d.
vi d.
1621.]

CHARTERS AND FAMILY PAPERS.

331

Mah, for apiUis at twa sindry tymis, at Greinwiche
Item, vpon the xviij day, for ane leig of muttone brocht in efth
suppar quhen my Lord CurrihiU cam in
For seUett that tyme
For chikinis that tyme
For wyne that tyme
For tobacco that tyme
Frutt and cheis .
Breid and beh
To the chahnhland at zour away ganging
To the wattirman to bring ws bak from Greinwiche to Lundone,
To ane wattirman to bring ws that day from Chereincros to the
Blakfrehis to seik James MaxweU ....
To Tam, the wattirman, to bring ws bak to Danmark hous
Item, mah that day to Tam, the wattirman, to tak ws bak and
fordwart to Quhythall quhan zour mastership guid to sie James
Maxwell at the prince's tinnis court ....
Item, for an eU of blak ribbeine to be ane stay to zour hatt
To ane woman that mendit zour worsett stokingis
Item, at my ganging to Windisaur, vpon the xxvi of Maj, to zour
mastership, quhan I guid thah ....
For my suppar and brekfast thah . ij s.
For hors meit thair . . . . . ij s.
For mending of zour tie thah . . . . ij d.
For schoing of the twa hors . . . . iij s. ihj d.
For ane watth to zour hais . . . . . i s. ix d.
For ane temmet claith . . . . . . ij s.
For straberreis and creim in the Swan with my Lord Curri
hiU . . . . . . . i s. ihj d.
For tobacco in zour chalmh at twa sindrie tymis . . vhj d.
Item, vpone the vhj of June, for ane quart of wyne in zour chalmir
with WiUiam Hayis ......
Item, vpon the xi of June, at zour ganging to Greinwich, to Tam,
the watthman, to tak ws thair

vd.
ij s. ij d.
vij d.
ij s.
i s. iij d.
ihj d.
vi d.
i s. vi d.
i s.
i s. vi d.
vi d.
vi d.

i s. vi d.
id.
vi d.
XX s.

vi d.

n s.

vi d.

332 CHARTERS AND FAMILY PAPERS. [1621.
Wpon the xij day, for ane quart of wyne and straberreis in zour
chalmir . . . . . • • is-
To the lanirar, quhahof I have the particular compt . xxix s. vij d.
For dressing of both zour saidiUis .... iij s.
Item, vpon the xij of June, to the watthman to tak ws to Quhyt-
haU quhan the King cam from Greinwiche at nycht . . vi d.
Item, at zour going to Greinwiche vpon the xihj of Jun, on hors-
bak, for sum grain peis, and breid, and drink thah . . ij s.
Item, at zour going to Quhythall, vpon the xv day, to speik the
Duk of Lennox, to the wattirman bak and fordwart . . is.
For dying of zour silk stockingis . . . i s. vi d.
Item, vpon the xv of Jun, at zour cumming out of TiboUis, zour
mastership sent for ane quart of seek to suppar . . xij d.
Item, on the xvij day to zour mastership, ane dowbiU angel . xxij s.
Item, to ane puir man that day in the commoune gahding . ij d.
Item, vpon the xviij day, to zour mastership . . . ihj s.
Item, to WiUie to by ane stain to dres the butis . . . ihj d.
Item, vpon the xxi day, to bring ane jug of beh to zour colatioune ij d.
For chirreis, vpon the xxij day, and ane pynt of wyne with Harbert xi d.
For oringaris that day . . . . . .id.
Mair, for ane pund of chineis at eftirnone with Harbert in zour
awin chalmh ....... vhj d.
Item, vpon the xxhj day, for twa pund of chineis quhUk I brocht
to zour masterschip in the commoun gahdein . . .xij d.
Item, at zour going to Greinwiche, vpon the xxvi of July, to the
wattirman at zour going doune . . . ij s. vi d.
For chineis in ane gahdein in Greinwiche with Harie Arskin and
Wattie Leckie . . . . . ij s. vi d.
Mah that tyme in Greinwiche, for ane pund of chirreis I bocht in
the zaird my self and brocht to zour chalmir . . . vi d.
Mair, for ane pund of chirreis Mr. Sandiris man bocht . . hij d.
Mair, for ane pynt of wyne brocht to zour chalmir, quhan the guid-
wyf of the hous cam vp to zour chalmh . . .iij d.
To Andro the chalmhland at zour away cumming . . vi d.

1621.] CHARTERS AND FAMILY PAPERS. 333
Item, at zour cumming out of Greinwiche vpon the xxix of July,
to the watthman to bring zow to the brig . . . ij g.
Mah, to ane wthir watthman to bring ws from the brig to Dan-
mark hous . . . . . . vi d.
For ane pund of chirreis at zour cumming to Danmark hous that
day . . . . . . . hij d.
Item, to the gairnaris man for sum chirreis he gaif zour mastership
in Danmark hous gahdein . . . . .ihj d.
Item, for putting in the plait of zour sword gaird, quhan it cam
out, and dichting of zour sword . . . . is.
Item, vpon the first of July, for ane quart of seek in zour chalmh,
quhan doctour M'Colloche cam to sie zour futt . . is.
Mair vpon the hij day, for twa pund of chirreis in zour chalmir
with Harbert . . . . . . vi d.
For ane pynt of quhyt wyne quhan ze war seik . . vi d.
Mair, to the watthman for taking the coffir doune the wattir to the
schip ........ xviij d.
Mair, to the sairsar for seiUing thahof . . . ij s.
Mair, for twa jugis of beir with the skipar, . . . ihj d.
For mending of the tronk . . • ¦ . vi d.
Mah, to the lanirar, quhahof I have the compt . . xhj s. ix d.
Mair, for shk stringis to the cloth bag . . . ij s. vi d.
Mair givin out sen we cam to Edinburghe out of Lundone, to Jone
the cochman his man . . . • • . vi d.
Mair, to Willie to mend zour spurris . . • iij d-
Mair, to zour mastership . . • • ¦ • y s-
For stabiU compt ...... X1X s-
Mah, to Thomas Wttir, the smyth, for schoing of the gray hors,
and setting ane scho on the lyart naig .
To WUhe, for his wages from Sonday the xxij of July to Sonday
the fyft of Agust, being fyftein dayis .
To the lanirar for clais weshing . . • • • UJ s- vi °--
For dressing of zour hatt . • • • . uy d.
For our beddis, fourtein dayis at fourtie pens a-nycht, inde . in s. x d.

u s. v

V s.

334

CHARTERS AND FAMILY PAPERS.

[1621-22.

Mah, for glaspis to zour breikis .
For claith lifting .....
For ane choping of wyne in zour chalmh with Mairtein
To Mahtein NewaUis man
To zour masterschip to gyf Adam Conynghame .
For ane barrell of saip ....
For ane postpUzen ....
To the cadgar, for bringing hame the tronk
For our dinnaris in Blakbohn at our haimcumming
To the drummar in Eugland
To the barbour for dressing your heid
Mair, for thrie peper of preinis
Item, mair to the cadgear that brocht haime the saip, the
and sum wthir graith ....
Item, to Maisie to send to Glasgow for sum graith
Item, to your masterschip at my going to Conynghame
Item, to Alexander Hammiltoune
For ane quare of peper ....
Mah, to Margret Maitland at the ladyis command
Mair, to Cabtan Bruce' man
Mair, to Masie to by schone
Mair, to the Ladyis feast
Summa of this haiU buik in Inglis moneth, xxx lib

Newall

brydUls.

iij

d.

xix

s. ij

d.

vi

d.

. ii

s. vi

d.

ane angell.

xi

s. ij

d.

X

d.

iij

s. vi

d.

. i

s. X

d.

i
s.
i
s.
i
3. vi
d.
is
vhj
d.
vi
d.
i s- iij
d.
ij
s. ij
d.
iiij
d.
vi
d.
i
s.
ij
s.
i s.
i s. iij d.
License by the Lords of the Privy Council to Sir John Maxwell of
Pollok, knight, and others, to eat flesh during Lent, 5th March 1622.
168. The Lordis of Secreit CounsaU gevis and grantis licence to Sh Johnne MaxweU
of Nether PoUok, knycht, his spous, and sic persounes as salhappin to be at
table, and in cumpanye with thame for the tyme, to eitt and feid vpone flesche
during this forbiddin tyme of lentrone ; and siclyke vpone Weddnisdayes,
Frydayes, and Saterdayes, for the space of ane zeir nixt efter the dait heirof,
without cryme, skaith, or danger to be incuned be thame in thah persones,
guidis, or geh thahthrow, notwithstanding quhatsumever acts, statuts, or
1622-40.] CHARTERS AND FAMILY PAPERS. 335
proclamatiounes, maid in the contrare ; quhahanent and aU panes contenit
thahinthl, the saidis Lordis dispenss simpliciter be thir presentis, gevin at
Edinburgh, the ffyft day of Marche 1622 zehis.
Al. Cancell. J. Mar, Thrs.
T. Melros. Kilsayth.
George Hay.

Obligation by Sir Archibald Naper of Merchistoun, Deputy Treasurer to
His Majesty, to the Earl of Nithisdale, May 1627.
169. 1, Sir Archibald Naper of Merchistoun, deputy thesaurer to his Majestie, do by
these presents fathfuUy promeis, and bind my self to an nobile Lord, the Earle
of Nithisdale, that how sone I come to Scotland, I saU bind my self and my
land to any that salbe willing to lend, and saU lend to the sayd noble Lord
such sowmes of money as Sh Jhon Buchanan or his Lady did conchtioun to
advance to the sayd Lord for procuring to them a tak of Orknay and Yetland,
befoir the date of thir presents ; the sayd noble Earle making it appear that
such wer the conditions, and not els. In witnes wherof I have subscryved
these presents with my hand, befoir thir witnesses, Jhon Earle of Annandale,
Sir WUliam Alexander, his Majestie's secretary, and Alexander MaxweU of
Litle Cesnok. At Whythall the day of Maij 1627.
Ar. Naper.
Annandaill, wittnes.
W. Alexander, witnesse.
A. Maxwell, witnes.
Procuratory by Eobert Earl of Nithisdale to Sir John Maxwell of
PoUok, for uplifting the rents of Mernis, 19th February 1640.
170. We, Eobert Erie of NithisdaUl, Lord MaxweU, EskdaUl, and CahleiU, Lord
Superiour and heritable proprietar of the landis and barony of Mernis, ffor
dyuers guid causis moving ws, be thh presenttis gevis and grauntis our fuU
power and commissioun, to our weUbelouit cousigne Sh Johnne MaxweU of
Nethir PoUok, knycht, to ask, crave, ressaue, intromet with and vptak, for ws,

336 CHARTERS AND FAMILY PAPERS. [1640-46.
and in our name, the haUl maiUis, fermes, multris, casualities, proffitis, and
dewties of our landis and barony of Mernis, addettit and restand awand to ws
be the tennentis and possessouris and vtheris fewdewties and dewties quhatsum
euer, dew to ws be the fewaris and vtheris persounis havand landis of our said
barony, and to caU and persew thairfoir in our name, or his awin name, ffor the
croptis and zehis of God i° vjP and threttie sevin and threttie aucht zehis, or
for quhatsumeuir violent proffitis and vtheris proffitis addettit to ws, furth of
the said barony : And vpoun the ressait thairof to gif discharges in his awin
name, quhUk salbe sufficient to the ressauehs, and aU thingis to do theranent
quhUk we micht do if we wer presentt, provyding the said Sir Jon mak iust
compt and rekning to ws of his intromissioun and consent, thir presenttis be
registrat in the buikis of Counsell and Scssioun ad futuram rei memoriam, and
constitutis our lawfull procuratouris : In witnes
quhahof, writtin be Adam Nisbit, noter, we haif subscrivit thir presentis with
our hand att our casteU of Carlaverok, the nynetene day of Februar i™ vjP and
ffourtie zeris, befoh thir witnes, James MaxweU of SpringkeU, Maister of Max
weU, our brother german, and the said Adam Nisbit and Johnne MaxweU,
advocat. NlTHISDAILL.
J. Mf Maxwell, wittness.
J. Maxwell, witnes.
Adam Nisbet, witnes.
Notarial Instrument certifying the attendance of Sir John Maxwell of
PoUoke at divine service in the Khk of Eistwood, 26th AprU 1646.
171. Apud Maneriei locum de Netherpolloke et templum de Eistwood re
spective et successive, vigesimo sexto die mensis AprUis, anno Domini
millesimo sexcentesimo quadragesimo sexto.
The quhilke day, in presence of me, notar publict and witnesses vnderwryttin,
The rycht honourable Sir Johne MaxweU of Netherpolloke, knycht and bar-
ronett, came doun staires vpon his awin feit to the gate of Netherpolloke, and
thair, at the ordinarie place of on lowping, mounted himselffe on horsbake
without any helpe, and from thence did ryde alongst to the kirk of Eistwood,

1646-47.] CHARTERS AND FAMILY PAPERS. 337
and at the entrie of the khk yairde thairof alhchted himselffe affe his horse, and
walked on foote throw the said khk yahde to his ordinarie seate in his awin
yle of the said khk, and stayed thair the whole tyme of divyne service : And
efter skaUling of the kirk, the said Sir Johne MaxweU did walke alongst on
foote to the entrie foirsaid of the said khk yahde, and thah, at his ordinarie place
of on lowpeing, mounted himselffe againe on horsbake without any helpe, and
raide home to his awin howse of NetherpoUoke, and at the gate thahof aUichted
from his horse and went vpe staires againe vpon foote without any helpe :
Wpon the quhUkes all and sundrie the premisses, Master George MaxweU, fiear
of NetherpoUoke, asked instruments, ane or mae, in the handes of me, notar
publict vndersubscryveand. Thh thinges wer done in forme and maner befoir-
wryttin, betuixt ten houres befoir noone and ane afternoone, or thahby, day,
zeh, and places respective fohsaides, being present thah, Albert Nisbitt in
Hagges, Duncane Burnett scholemaster in Glasgow, WUhame Weymes notar
thair, Edward Baxter notar in Butherglen, and Eobert WUsone my servitour,
witnesses speciallie caUed and requyred to the premisses.
Ita est David Spens, notarius publicus, in fidem robur et testimonium
veritatis omnium et singulorum premissorum rogatus et requisitus,
testantibus his meis signo et subscriptione manualibus.
A. Nisbit, witnes.
Duncan Burnet, witnes.
Williame Weimes, witnes.
E. Baxter, witnes.
Last Will and Testament of Sir John Maxwell of Pollok, Baronet,
28th October 1647.
172. At Nather PoUok, the tuentie aucht day of October i*? viP fourtie sevine zehis,
I, Sh John MaxueU of Nather PoUok, knycht bahanat, beinge seik in body, bot
haiU and perfytt in memory, mak my latterwUl and testament in maner foUow
ing : In the first (I recommend my sauU and body to the grit God Almichtie,
howpeing to be saved by the blood of Chryst Jesus), and as to the effaris of
this warld, I nominat and constituit Sh George MaxueU, fear of Nather PoUok,
my only executour and wniversaU intromettor with my haU guidis and geh,
vol. i. 2 v

338 CHARTERS AND FAMILY PAPERS. [1647.
with fuU power to him to giue wp inventar of guidis and debtis awand in to
me, sa far as saU be omittit herin, or anywayes belonging to me.
Debtis awand outt.
Imprimis, I declar my selff to be awand to Issobell MaxueU, my laufull
dochth, the sowme of ten thowsand pundis, conforme to ane contract betuix
vmquhUe Hew Lord of Lowdoune and me the said Sh John MaxueU, and
vmquhiU Dame IssobeU CampbeU, my first spous, on the ane and wther pairtis,
of the dait the day of im vi° and zehis, in satisfactioune
to her of aU that scho can clame of me, or of the said Sh George MaxueU, my
successour, be quhatsumevir contract, band, or wther securitie quhatsumevir
conceavit in her favouris, and in satisfactioune to hh of quhatsumevh por-
tioune natwraU, bairnes paht of geir, or wtheris quhilk scho can ask or clame
of me, or of the said Sh George my successour, be any richt or maner of way
quhatsumevh. Item, I declah myselff awand to John Maxuell, advocat in
Edynburgh, conforme to my band maid to him thervpone, of the dait the
day of i™ vic fourtie zehis, for the sowme of three thowsand
pundis, principaU sowme, payabhl to him vpon performance of the conditiounes
and provisiounes mentionat in his band gevin to me of the same dait. Item,
I declah myselff achtand to John MaxueU, sone laufull to vmquhiU John Max
ueU, sumtyme of BosfeUd, the sowme of ane thowsand pundis Scottis money.
Item, to GeUhs, Jonet, GrisseU, and Agnes MaxuelUs, his sisteris, the sowme of
ane wther thowsand pundis, to be devydit amangst thame be sight of Sh
WiUiam Cochrane of Cowdoune and the said Sir George MaxueU, provydeing
alwayes that nathar of the saidis twa thowsand pundis be payit quhiU first thay
ratefie and approve the richt that I my selff or the said Sir George hes of the
landis of BosfeUd ; and quhilk twa thowsand pundis is in satisfactioune to
thame of any thing ellis that thay can clame of me, or of the said Sh George
my successor, be any manir of way or richt quhatsumevh. Item, I declair my
selff awand to Qunteine Leche, my servand, the sowme of twa hundrethe
markis Scottis money ; and to Thomas Greinleyis, also my servand, ane hun
drethe merkis, and that by and attour aU feyis restand awand to thame.
Item, I leve the remanent of my moveable guidis to the said Sh George
MaxueU, my executour fohsaid, constituting him wniversaU legatour, with

1647-49.] CHARTERS AND FAMILY PAPERS.

339

power to him to intromet with my haiU moveable guidis and geir, and to
dispone thervpone at his pleasour ; and also, becaus that IssobeU Maxuell, my
dachtir, is wncapabiU to governe hir awine effahis, in regahd of hh naturaU
infirmities, being bothe dumbe and deaff, sua that it is incumbent to me to
appoint tutouris to hh for manadgeing of quhat belongis to hh ; thahfor I, be
thh presentis, nominat and apoint the saidis Sir WiUiam Cochrane and Sir
George Maxuell, and the langest lever of thame twa, tutouris testamentaris to
her dureing hir lyftyme : In witnes quhairof, thh presenttis, wryttin be Albert
Nisbet, notth publick, and subscriuit with my hand, day, zer, and place forsaid,
befor thir witness, the said Sir WiUiam Cochrane, Mr. John MaxueU, ministir
at Eistwode, Eobert Hammiltoune, servitour to the said Sh George, and the
said Albert Nisbit, and Laurence Grahame, my servitour.
I, Sh John MaxueU of Nather PoUok, knycht, abouespecifeit, being waik
of body, bot perfyt of memory and judgement, in maner aboue
specifeit, do desyre, be the tuichinge of the pen of the notth
followinge, to subscryve for me.
Ita est Albertus Nisbit, notarius pubheus in premissis requisitus de man
dato dicti domini Joannis MaxueU, scribere impotentis, ut asseruit,
testantibus his meis signo et subscriptione.
W. Cochrane, witnes.
J. Maxuell, witnes.
Eo* Hamiltoun, witnes.
Lawrence Grahame, witnes.
Gift by King Charles ii. to Eobert Hammiltoun of Partick, of the office of
tutor to George, Hugh, Gabriel, Eobert, and David, sons of the late
George Maxwell of Auldhous, 21st December 1649.
173. Carolus Dei gratia Magne Britennie, Francie, et Hibernie Eex, fideique de
fensor, omnibus probis hominibus suis ad quos presentes htere pervenerint
salutem : Sciatis quandoquidem ad officium regale incumbit pupilhs et in
minoribus annis constitutis legittimis tutoribus et defensoribus carentibus ne
eorum terre et hereditatis bona et possessiones alienentur, dissipentur, aut in

340 CHARTERS AND FAMILY PAPERS. [1649-63.
extraneos vsus transferantur de remedio et auxilio opportuno providere; et
inteUigentes Georgium, Hugonem, Gabrielem, Eobertum, et Davidem Max-
weUis, pupUlos, filios legittimos quondam Georgh MaxweU de Auldhous, legit
timis tutoribus destitutos esse ; igitur fecimus, constituimus et ordinavimus,
tenoreque presentium facimus constituimus et ordinamus dUectum nostrum
Eobertum HammUtoun de Partick tutorem dativum dictorum pupUlorum ac
administratorem omnium et singularum terrarum suarum, hereditatum, annuo-
rum reddituum, possessionum, bonorumque omnium mobUium et immobUium,
vsque ad eorum legittimas etates : Proviso tamen quod dictus Eobertus Ham
mUtoun de Partick, tutor dativus antedictus, faciat et perimpleat dictis Georgio,
Hugoni, Gabrieli, Eoberto et Davidi Maxwelhs, pupUlis, omnia et singula que
tutor dativus de jure seu regni nostri consuetudine facere et perimplere tenetur:
et cum ad eorum legitimas pervenerint etates, sibi ipsis et propinquioribus
eorum amicis de predictis terris, firmis, redditibus et bonis fidele computum et
ratiocinium reddat. Quare, vniversis et singuhs quorum intenest vel interresse
poterit stricte precipimus et mandamus quatenus prefato Eoberto HammUtoun
de Partick, tanquam tutori dativo dictorum pupiUorum per nos speciahter
constituto, eiusque factoribus et ministris in omnibus et singulis dictum officium
tutoris dativi concernentibus prompte pareant, respondeant et intendant, sub
omni pena que competere poterit in hac parte. Datum sub testimonio nostri
magni sighli, apud Edinburgum, vigesimo primo die mensis Decembris, anno
Domini mUlesimo sexcentesimo quadragesimo nono, et anno regni nostri primo.
Per signaturam signo supremi domini nostri Eegis suprasignatam, necnon
manibus quorundam dominorum scaccarii commissionariorum sub-
scriptam.
Dorso. — Scriptum et sighlatum sub testimonio magni sigilli supremi
domini nostri Eegis, a me cancellarie directore subscribente, vigesimo septimo
die mensis Decembris 1649. Scottistarvett.
License by Lord Bellenden, treasurer depute, to Sir George Maxwell
of PoUok, to eat flesh in Lent, 4th March 1663.
174. WiUiam Lord BaUenden of Broughtoune, lord thesaurer deput for the kingdome
of Scotland, doeth hehby give libertie and licence to Sir George MaxweU of

1663-65.] CHARTERS AND FAMILY. PAPERS. 341
PoUok, Knight, and aU such as are of his famUie, or shaU accompanie him at
his table, to eat flesh in this forebidden tyme of Lent, and on all vther fore-
bidden dayes till Lent nixt, 1664, without any danger or penaltie to be in-
cuned by them for the same, notwithstanding of any act or acts made or to
be made in the contrair. Daited at Edinburgh, the fourth day of March 1663.
Bellenden.

License by Lord Bellenden, treasurer depute, to Sir George Maxwell
of PoUok, to eat flesh in Lent, 1st March 1664.
175. WiUiam Lord BaUenden of Brughtoun, lord treasurer deput of the king-
dome of Scotland, doeth hereby give liberty and licence to Sh George MaxweU
of Nather PoUok, knight, and all such as are of his famUy, or shall accompany
him at table, to eat flesh in this forbidden tyme of Lent, and vpon aU vther
forbidden dayes tiU Lent next, in anno 1665, without any trouble or penalty
to be incuned be him or them, notwithstanding of any act or acts made or to
be made in the contrare. Daitit at Edinburgh, the fhst day of March 1664.
Bellenden.

License by Lord Bellenden, treasurer depute of Scotland, to Sir George
Maxwell of PoUok, to eat flesh in Lent, 8th February 1665.
176. WiUiam Lord BeUenden of Brughtoun, lord thesaurer deput of the king-
dome of Scotland, doeth hereby give liberty and licence to Sh George MaxweU
of PoUok, and all such as are of his famUy, or shaU accompany him at table, to
eat flesh in this forbidden tyme of Lent, and upon aU uther forbidden dayes
tUl Lent nixt, 1666 yeares, without any trouble or penalty to be incurred be
him or them for the samen, notwithstanding of any act or actis made or to be
made in the contrahe. Daited at Edinburgh, the eight day of February 1665
yeares. Bellenden.

342 CHARTERS AND FAMILY PAPERS. [1664.
Indenture betwixt Sir George Maxwell of PoUok and Gawane Parke,
Hammerman, burgess of Glasgow, 14th January 1664.
177. At Glasgow, the fourtine day of Janwarij i™ viP thriescore four yehes : It is
indented, agreed, and finaUie endit betuixt Sh Georg MaxweU of Nether
Polloke, knight, on the ane pairt, and Gawane Parke, hammerman, burges of
Glasgow, on the vther paht ; that is to say, forsameikle as the said Gauane
Parke (for the yehlie fiaU wnderwryttin, dureing the space efter specifeit), be
the tennor hehof, bindis and obleissis himself to worke aU smith worke neces-
sarie about the hon chyne of the hors milne belonging to the said Georg his
heughis, in Titwood muhe, neh Glasgow, and to put on the hukies wpon the
said iron chyne, and generaUie to worke aU smith worke necessarie about the
said hon chyne for wpholding thahof, and to take out waike and craked staves
that saU happnne to be in the said chyne, and to put in new ones in stead
thairof ; and als to shoe, from tyme to tyme, four milne horsses, and to sherp
the coaUiers' picks from tyme to tyme, that worke at the said heugh, and coU
thair waiges ; and to worke such other hone worke about thah hutches as was
use and wont formerlie to be doone in the said Sh Georg and Patrick Bryce
thah worke in the said Titwood muhe and muhe of Glasgow ; and to perform
such other service about the hone worke necessar for seting doune of shankes
as saU be neidfuU ; the said Sh Georg alwayes paying for the irone that saU be
imployed in his worke foirsaid : and to the effect the said Gauane may the
betth attend the said worke, he binds and obleisses him aither to dueU in that
hous belonging to the toune of Glasgow, built be Patrick Bryce wpon the muhe
of GorbaUes, belonging to Glasgow, for the vse of the said tounes coaU worke,
or els in ane hous to be buUt by the said Sir Georg wpon the lands of Titwood,
convenient for the heugh. For the quhUkis premissis the said Sh Georg Max
uell heirby binds and obleisses him, his aires and executouris to content and
pay to the said Gauane Parke, his aires, executouris, or assigneyis, yehlie and
Uke yehe dureing his thankfuU service fohsaid, the soume of ten pound sterling
money; and that quarterly, or at four tymes in the yehe, proportionaUy,
beginnand the first quarter's payment thairof wpon the threttine of AprUe nixt
to come, as als to furnish to the said Gauane tuentie hutches of coaUs yehhe,
and that frielie ; and to caus leid him threttie loads of smith coaUs by his

1664-93.] CHARTERS AND FAMILY PAPERS. 343
tenentis from Hagtoun-hiU heugh, he alwayes not demanding the same in
pleugh tyme and harvest : Quhilk indentor, conforme as is above obleist, is
heirby, by consent of both pairties, ordayned to stand firme, wntiU such tyme
as they sail dischearg each other of thah obleismentis above wryttin : And last,
the saidis pairties obhss them to fulfiU Uke ane of them thair pahtis of the pre
missis in manner above obleist, and the pahtie failzeaer to pay to the pahtie
observer ten pounds for Uke breatch, by and attour coast, skeath, and demadg
on the paht of the said Gauane for his faUzea in any paht of the premissis ;
consenting thh presentis be registrat in the buikes of counsell and sessioune or
commissaris buikes of Glasgow. That executorialhs neidfuU may pas heir-
wpon on sex dayes, and thahto constituit
thah procuratouris, etc. Thh presentis are wryttin be Eobert Maxuell, notar in
Glasgow, and subscribed at day, yehe, and place fohsaid, before thh witness,
Georg Stewart of Scotistoune, Thomas Crawfurd, merchand in Glasgow, and
the said Eobert MaxweU.
G. P. Sir G. M. Neather Pollok.
G. Stewart, witnes.
T. Crauffurd, wittness.
E. Maxwell, wittnes.
Eesolution of the Senatus Academicus of the College of Glasgow, relative
to the education of the sons of Mr. Mathew Crawford, minister at
Eastwood, 28th December 1693.
11111178. In Senatu Academise Glasguensis, 28TO die Decembris 1693.
Sederunt :
Dominus Johannes MaxweU a Nether PoUock, Eector.
Guhelmus Dunlop, Prsefectus et Vice Cancellarius.
Patricius Simson, Decanus Facultatis.
Jacobus Wodrow, Sacrse Theologise Professor.
Johannes Trane, Eegens.
Georgius Sinclah, Matheseos Professor.
Johannes Law, 1 _
T Tr ... J- Eegentes.
Jacobus Kmbloe, )
The Faculty taking to consideration a proposaU made in name of Mr. Mathew

344 CHARTERS AND FAMILY PAPERS. [1693-1700.
Crawford, Minister of the GospeU at Eastwood, viz. : That whereas he had col
lected and compUed the Ecclesiastick History of this Church, bringing it doun
to the year 1680, and had it in manuscript ready for publick use ; but that
he, being infirm and sickly, wold give the said manuscript to the Publick Lib
rary of this University, where he had his education, providing that if any of
his two sons should come to be schoUars fit for the CoUedge, the Moderators of
the University should provide them in Bursaries to help them through theh
course : The Faculty, considering the great pains Mr. Crawford had been at in
the said CoUection, and his integrity and fidelity, wherby his labours might
weU deserve to be preserved for future use, and the book being the originaU,
and no copies therof extant, did accept of the offer ; and doe hereby oblidge
themselves and theh successors in office, by theh interest or otherwayes, to
obtain and procure a bursary for each of his two sons so sone as they shaU be
fit for the CoUedge, and that during aU theh course, they behaving themselves
sutably : And in testimony hereof have subscryved the same with theh hands.
Jo. Maxwell, Eect.
Will. Dunlop, Prin" et Vice Can.
Ja. Simson, Dec. Fac.
Pa. Wodrow, S. T. P.
Jo. Tran, P. P.
Geo. Sinclar.
Jo. Law, P. P.
Ja. Kniblo, P. P.
Answers (holograph of Lord Pollok) to Mr. Bell's MemoriaU anent the
dilapidation of the estate of Lennox, c. 1700.
179. Sir, I did see ane memoriaU, intitled [Ane accompt of the dilapidations of the
estate of Lenox], to which I think myself concerned to make some answer, in
so far as concemes her Grace the Duches Douager of Lennox, etc., and the
tacksman of her Grace's estate in Scotland, remitting quhat further may be
said in the matter to her Grace's lawers.
r.' As to the first Article, anent the patronages alleget to be sold by
Enterkin, quhat may be in that, I know not, but sure, his aires are sufficiently

1700.] CHARTERS AND FAMILY PAPERS.

345

able to refound quhat ever soumes they have gott wpon that accompt, if any
thing hath been unwarrantably exacted, seeing the Duches knew nothing
therof, nor her tacksman.
[2.] As to the 2d, its not much to be reguarded ; for the tennants payes
ther rent, and doe not complaine.
3. As to the 3d Article about Inchmirren, I was on the place in the 1670
yeare of God, when, I suppose, that Isle was best stored with that deer he
speakes of, but did naither see so great numbers as hundreds in herds, nor did
I observe any curiositie in them ; only I know, they wer much ruined by the
severe winters in the yeare 1674, 1684 ; and some went out on the ice that
covered aU the Loch over at that tyme, and that the Duches might make use
of any arable land within the Isle, I doubt not lawers wiU think her lyferent
right from King Charles n. will carie her to it.
4. As to the Milne of Airdaugh, whither it belongs to the estate of Lennox,
or that he holds it of the King, payeing a 100 merks of few duetie or tack
duetie to the Duches of Lennox, I know not. Only this I am sure, Airdaugh
payed noe more of yehly rent for that MUne in the late Charles Duke of
Lennox tyme then he does just now, so that it cannot be caUed a dUapidation.
5. Since ever I remember who lives within a short distance from the
Castle of Cruikstoune, I never remember any planting, except the Ewe-tree ;
and for that place wher the gardens wer, it hath been so much slighted that
that ground hath been comonly pastured upon by the tennants and neighbours
that lives about ; and noe other' cutting have ever I heard except quhat
might be done by theeves, quhich belongs to the baiUie of the regality to look
after, and can never be caUed a dilapidation on the Duches part, nor did ever
she or her tacksman authorize any of the tennants to take aither wood or stone
from that ruinous castle.
6. As to the 6 th, Duke Charles was alyve when it was last cutt ; and some
souldiers of the late Earl of Southesk's troop did violently putt theh horses in
it : At that tyme it was young, quhereby it was much prejudged, but since it
came in the Duches hands, the dykes wer keeped up by the tennants who are
obhdged to it : And I knew noe other prejudice that wood gott but by steale-
ing, as all the woodes in the countrey are sometymes lyeable to.
7. As for the 7th, to say that since the Duches gift that the Castle of
vol. I. 2 x

346 CHARTERS AND FAMILY PAPERS. [1628-1700.
Inchinan became ruinous, its altogether calumnious, for I know that when
WiUiam Earl of Dundonald was proprietar of Inchinan, he took the roofe of
that house quhich was no wayes habitable befor ; naither did ever the Duches
or her tacksman aUow aither timber or stone to be taken from that house ; but
the length of tyme since any body dwelt ther hath made all ruinous, it being
now wpwards of 6 0 yeares since any bodie hved ther.
8. The house of Airden belonged to one of the Duke's tennants, and had
never a garden about it, and but very few fruit trees in ane orchyahd, quhich
is not much worse this day then ever I knew it.
9. CleUland's hous was faUing doune, and noe bodie could hazard to hve
in it, so that ther was a tennants house buUt out of the materiaUs of that house,
and some of it yet standing ruinous, quhich can be proven by the tennants and
neighbours about.
1 0. The rent is the same this day that it was in Duke Charles tyme, and
when the Duches Dowager gott her gift ; and if her Grace did not putt the
estate to the fuU value, but rather took a greassume or fyne for a lease of 1 9
yeares, without diminution of the old rentaU, I cannot understand how it can
be caUed a dilapidation, but rather a great favour that she did not raise the
rent to the outmost value.
11. What is said in this Article, I humbly conceave is so injurious to the
Duches Douager, her freinds and some of her servants, that I doubt not the
laws of Scotland does provyde a remedy, if any man speak so calumniously,
without better wanant then is ther condiscended on.
Diploma by King Charles ii. to Sir John Maxwell of PoUok, of the title
of Knight Baronet, 12th April 1682.
180. Carolus Dei Gratia Magnee Britannise, Franciee, et Hibernise Eex, fideique
defensor, omnibus probis hominibus suis ad quos prsesentes literse pervenerint,
salutem : Sciatis nos in memoriam revocantes Titulum et Dignitatem MUitis
Baronetti in demortuum Dominum Joannem MaxweU de Neather Pollock olim
fuisse coUatum, eundemque Titulum per ipsius decessum, hserede masculo ex
suo corpore qui sibi in eodem succedat superstite minime relicto, penitus fuisse
extinctum; nosque etiam in fidum et dUectum nostrum Joannem MaxweU

1682-1707. J CHARTERS AND FAMILY PAPERS. 347
nunc de Neather Pollock, unicum filium legitimum quondam Domini Georgh
MaxweU de Neather PoUock, cui tanquam proximo suo consanguineo, dictus
quondam Dominus Joannes tenas suas et statum hsereditarium disposuit,
shrhlem titulum et dignitatem conferre benigne cupidos, ut ad omnia fidei et
amoris erga nos officia secundum imitandum suorum ejusdem cognominis et
famUise praedicessorum exampla obeunda animus ei addatur ; igitur dedisse,
concessisse, et contulisse, sicuti nos per prsesentes damus, concedimus, et con-
ferimus in dictum Joannem MaxweU et hseredes masculos ex ejus corpore
dignitatem, titulum, gradum et honorem MUitis Baronetti, cum plenario jure,
potestate, et authoritate sibi et heeredibus suis mascuhs successive eodem titulo,
honore, gradu, et dignitate fruendi et gaudendi, cum omnibus prsecendenths,
privUegiis, immunitatibus, alhsque quibuscunque, ad eundem pertinentibus,
vel quae in posterum per quaecunque acta, leges, statute, commissiones, diplo-
mata, vel constantem infra quoduis regnum nostram consuetudinem eo spec-
tare et pertinere dignoscentur. Qusequidem omnia dictum Joannem MaxweU
ejusque prsedictos absque quovis obstaculo, impedimento vel molestatione
ahquah habere et possidere volumus et ordinamus ; cumque generahtate pre
sentium et solemnitatibus in talibus casibus antiquitus usitatis dispensamus,
Leoni pariter nostro Eegi armorum et fratribus suis fsecialibus mandamus, ut
talia insigniorum additamenta qualia in talibus usitata sunt, prsefato Joanni
Maxwell suisque prsedictis dent et prsescribent. In cujus rei testimonium
prsesentibus magnum sigiUum nostrum appendi mandavimus, apud aulam nos
tram de Whytehall, decimo secundo die mensis AprUis, anno Domini supra
millesimum sexcentesimum octogesimo secundo et anno regni nostri trigesimo
quarto. Per signaturam manu supremi domini nostri Eegis suprascriptam.
Dorso. — Written to the great seale, and registrat the twentie fyft day of
Maij 1682.
Jo. Campbell, Dp'
Sealed att Edinburghe the twentie fyft day of May 10 82.
Jo. Cunynghame.

348 CHARTERS AND FAMILY PAPERS. [1707.
Diploma by Queen Ann, regranting to Sir John Maxwell of PoUok the
title of Knight Baronet, and extending the hmitation, 27th March 1707.
181. Anna Dei gratia Magnae Britanniae, Franciae, et Hiberniae Eegina, fideique
defensor, omnibus probis hominibus ad quos praesentes literae nostrae perve-
nerint, salutem : Quandoquidem nos in memoriam revocantes titulum et digni
tatem Militis Baronetti in demortuum dominum Joannem MaxweU de Nether-
poUock ohm coUatum fuisse, eundemque per ejus decessum haerede masculo ex
suo corpore superstite minime relicto extinctum fuisse, atque charissimum
patruum nostram demortuum Carolum Secundum Eegem beatae memoriae, per
ejus diploma de date duodecimo die mensis AprUis . anno Domini mUlesimo
sexcentesimo octuagesimo secundo, dictum titulum et dignitatem in dominum
Joannem Maxwell, nunc de NetherpoUock, tanquam personam dicto demortuo
domino Joanni Maxwell in terris suis et hereditate succedentem, tanquam
propinquiorem agnatum, et heeredes masculos ex suo corpore, concessisse et
contulisse, necnon cupientes regh nostri favoris, majorem tesseram in dictum
dominum Joannem ejusque haeredes postea mentionatos coUocare unde ex-
emplum suorum praedicessorum in omnibus offichs integritatis, et erga nos et
coronam nostram fidelitatis prosequi incitentur : Noveritis igitur nos, non
solum ratificasse et confirmasse, sicuti tenore praesentium ratificamus et confir-
mamus antedictum diploma dicti tituh et dignitatis dicto domino Joanni et
haeredibus mascuhs ex suo corpore per dictum demortuum Carolum Eegem
concessum, sed etiam extendisse, sicuti tenore praesentium extendimus, damus,
et concedimus praedictum titulum et dignitatem, gradum, et honorem MUitis
Baronetti dicto domino Joanni et haeredibus mascuhs ex suo corpore ; quibus
deficientibus, alhs suis haeredibus talzise quibuscunque in ejus infeofamentis
terrarum suarum et status contentis, cum plenaria potestate, jure, et privilegio
Uh et iUis successive dicto titulo, dignitate et honore, cum omnibus praecedenths,
privUegiis, immunitatibus, aliisque quibuscunque eo spectantibus, vel quae in
posterum eidem per quaecunque acta, leges, statuta, commissiones, seu diplomata
vel constantem consuetudinem infra regnum nostrum Scotise fruendi, possi-
dendi, et gaudendi : Quae omnia dictum dominum Joannem MaxweU ejusque
praedictos, absque uUo obstaculo seu impedimento quaUcunque habere et possi-
dere volumus et ordinamus, cumque generahtate praesentium et solennitatibus

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 349
in talibus occasionibus perprius usitatis dispensamus : Leoni porro armoram
Eegi ejusque fratribus feciahbus imperamus ut memorato domino Joanni Max
weU ejusque antedictis talia insignhs armoreis additamenta quae huic occasioni
necessaria videbuntur dent et praescribant. In cujus rei testimonium praesenti-
bus magnum sigiUum nostrum appendi mandavimus, apud aulam nostram de
Kensingtoune, vigesimo septimo die mensis Marth, anno Domini millesimo
septingenteshno septimo et anno regni nostri sexto.
Per signaturam manu supremae dominae nostrae Eeginae suprascriptam.
Dorso— Written to the great seaU, and registrat the eightein day of
Aprile 1707. Charles Kerr.
Sealed att Edinburgh the twentie third day of Apryle one thousand seven
hundreth and seven years, in absence of Mr. Archibald OgUvie. Jo. Stewart, Dept.

EXCEEPTS FEOM THE DIAEIES OF SIE GEOEGE MAXWELL
OF POLLOK, 1649-1676.
Diary, No. 1.
18181818182. Agust 8, 1649. Beeing the day that my first daughter was borne.
Wednesday, August 15, 1649.
Eeceived fra John Stevinson, for entering of him to his lis. 2d. land in
Flender, the sowme of 50 markis, quhilk I have sent into my guidshhe's wyff.
Munday, Agust 27, [1649.]
John MaxweU sent to John Bairdes wyff, wher he remaines boorded.
Saturday, September 1, 1649.
This day I began to shehe my corne in the Drip ley : shorne 3 5 threive,
1 stouk, 2 sheaves corne, quherof ther is 44 gaite and 6 sheaves on the
stouk heid.

350 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
Tuesday, October 2, 1649.
Given to John Maxwell 2 lib. 13s. 4d. to pay his master and doctor for
halfe a yeeris scoUedge fie, quhilk compleites aU tiU Candlemass.
Thursday, October 11, 1649.
This day my guidshhe's bahnes came to my house.
4th December 1649.
Discharge granted of ane hundreth markis, formerlie received by my
grandfatheris wyffe, in part of payment of 2000 markis addebted be me to her,
principall and annuaUrentis. Munday, December 10, 1649.
Munday next, court appointed at PoUok, and the Tuesday following
annother at Mearnes. Lettre for this left with Walter my brother, to be sent
to my wyffe. January 12, 1650.
This day procuratorie sent be Eobert HamUton to my guidshire's wyffe,
anent George and Hew MaxweUis. Procuratorie is blank.
Munday, Febraary 25, 1650.
This day sent to John Bairdis wyff in Paislay 50 lib., for halfe ane yeeres
bording of John MaxweU; viz., fra the 27 August 1649, tUl the 27 February
1650. This money taken out of the teinde money.
March 16, 1650.
This day WiUiam Anderson received the Act of Parliament, dividing my
landis in Govean fra the Sheriffdom of Lanrick.

Forme of the Court holden on the Witcht at Paislay, 21st March 1650.
Commission of the Privie Counsel to Houston, Greenock, PoUok, Glanderston,
Weitlandis. Clerkis chosen, Eobert Fork, Eobert Parke. Officeris, Thomas

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 351
Logan, WiUiam Playfahe. AU of them gave oathe de fideli administratione ;
as also Procurator Fiscal, Gilmor chosen Dempster. Inqueist, John
Eowane in Greenock, John Donalson ther, WUham Eodger, James TaUor ther,
James Daff in Finnock, James Eamsay, Matthew Crafurd, Thomas Langoch
in Diwart, John WUson, maltman in Paislay, Hew Blair ther, James Landass,
bailie of Eanfrew, John Stevinson in JordanlhU, AVUliam Stewart in Feniboate
of Inchinnan, Eobert Sclaiter younger, John Eowand in DenfeUde. The In
queist not sworne befor the dittay was hearde, only the pahtie had libertie to
object against the Inqueist.
The pahtie pannelled, Joanet Scott in Greenock called in.
Articles of the dittay : — 1. Holden and reputed ane witche these tymes
past, which shee confest ; particularis wherof, cufeing beastes and men in
manner following : Of diseases, such as blastings, wrestings, blankes of ane ill
eye ; viz., by souseley leafes.
Shee confessed that the forsaid salve of sousely leafes did not good but as
the pahtie receaver did beleeve. This denied.
This salve somtymes shee gave it in ane drinke, sometymes shee apphed
it outwardlie, and sayd it did not good to any but as they beleeved.
4The salve, shee sayd, if the pahtie sleeped after the appUcation, they would
heaU ; otherwise they would die.
She answered, shee hearde that the salve was of that nature, but knew it
not if it wer so.
Farder : Shee did confess, that when som doubted if her cures wer lawfull,
shee said shee had a warrand out of the Bible, viz., " In the name of the Father,
and of the Son and Holy Ghost." Shee denied that shee sayd so, only shee
sayd that shee had a wanand from Doctoris. Shee cured Joanet Patrik in
Greenock of ane sore leg with the salve, and with good word is, so that when
shee came with a staffe so sore diseased, shee went home without the samin.
Answered : Confesses, the woman sayd that shee went home so, and that shee
did give her of the salve, but sayd no wordis to her.
Article.- She confessed that, after her takeing and apprehending, shee
sayd shee would fast St. Ninianis fast, to gett amendes of them that took her ;
and being asked what was St. Ninian's fast, shee answered, it was to fast from
Wednesday at noone tiU Sonday after mass was done. Answered : It is denied,

352 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
only shee sayd shee was once mynded to fast that fast, becaus shee heard that
that fast would gett her ane web stollen from her ; but shee would not fast tiU
shee spehed at Mr. John if it wer lawfuU, and that if Mr. John had judged it
lawfull, ther was a woman that had agreed to keepe her bairne that was at that
tym on her breast ; and that shee heard her father, beeing a young man, had
fasted that fast ; and that in that fast they prayed for revenge on them that
had stoUen the geire : and beeing enquired what that fast was, shee sayd shee
hearde it was ut supra.
Article. — Haveing bought som corne fra WiUiam Eodger out of his boate,
and that haveing given him 2 0 hb. of airles, and that when shee broght sackes
to fetche it shee gote none, and that shee sayd that " the next tym yee goe
about corne you shaU bring your boate as emptie as my sackes now ar," and
that therafter goeing to Ireland, after a longsom journey, crost . . .
Article. — WUliam had agreed to plow her land, and did it not ; and
that therafter shee looked on his pleugh when it was tilling on fah ground :
the pleugh brak, and shee sayd it was weel waired, and her desyre lighted on
him for his wronging of her. This is libeUed to be confessed. Answered : aU
shee sayd when it brake was only her blessing on him. Libellet, confessed.
Article. — When kine wer elfe shote. . . .
Answer.— Confessed that shee had so graiped certaine kine, and that shee
hearde that this would cuhe the cow. For the elfes, shee heard that they wer
the good neighboris.
Article. — StoUen web. Lepros. rott. seete.
Article. — Web of Drogget — woman and 2 chUdren died.
Article. — James Jack, bottorkirne, hbel confessed.
Article. — Morison, his sickenes.
Article. — James Crafurd, who sayd he saw her danceing in a summer
night with witches, and that shee was angrie with him : the said James took
sickenes within few dayes therafter, and died miserablie.
Answer. — Denies : and that his sickenes and death was not 2 yeeris ther
after. Article. — Shee sayd that annother, Joanet Gai, who is suspect of witch-
crafte, slew certain personis. LibeUet.

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 353
Answer. — Denies.
Article. — Joanet Bell refuised to lend her herring, and sayd shee had none ;
wherwith shee was angrie and sayd, " I trow yow have none :" and when shee
went to see, had none indeed, the dooris beeing locked.
Confessed. — Shee did offer to bonow, but was refuised, and that the
herring wer taken away, and a dussan of salted kUling, and wer found by
Castelmilke's officer in annother manis hand.
Article. — Shee sayd to Eobert Pmkarton, with whom shee was angry for
caUing her ane witch, shee sayd she used to gett ane mendes of all them that
miscalled her, as shee did of James Craufurd, who died ane miserable deathe.
Answer.- — Denies.
Article. — About 30 yeares since, accused be the Session for ane turner of
the ridle, it was then offered to be proven true ; and that shee did confess the
way hou the riddell is turned with these words : "St. Peter and St. Paul such
a manis geir is stoUen," nameing the man suspect of thefte : and declared that
John Scott her brother used this.
Answer. — Denies.
Answer. — Shee threatened that Eobert Pinkartonis cow should not doe
him good, and that the said Eobertis people could gett no butter, and that shee
beeing sent for, kirned and gott butter, and that the cow did not good, but
took sicknes and died.
Answer. — Denies.
Article. — Threatened that one Eobert Hastie should not hear or speake so
as to be understood, which fell out ; and that Hastie's wyff cam to seeke salve
for her husbandis sickenes, but after he did remise, shee applied it to ane cow,
which cow died, and after the cowes deathe the man recovered.
Answer. — Grantes the giveing of the salve to ane shott cow.
Article. — Salve given to James Khke for his wyff that was sicke, and that
when the said James did lick the spoone wherin the salve was, becam dafte,
and cryed, " Cuttie, cuttie spoone."
Answer. — Denies.
Inqueist sworne : witnesses admitted.
vol. i. 2 Y

354 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
March 21st 1650.
Joanet Galbraith panneUed : Inqueist caUed as yesterday : the pahtie
objected not.
Articles of the dittay. — Article 1. Charmeing for the blainke of ane Ul eye.
Answer. — Confesses, gave said charmes in the feare of God, when people
sought to be cured for Godis sake.
Article. — Charmes wer given somtymes in meall, sometymes in breade,
somtymes in salte, or milk, or cheese, and did give it sometymes in broathe.
Answer.— Shee gave the charm of what they brought who craved her
helpe. Article. — And in charmeing cast somwhat of that wherof the charme was
made on the grounde, useing thir wordis : " This is for the blainke of ane Ul
eye : In the name of the Father, Son, and Holy Ghost, I conjure the out of
hide and out of haire, Out of blood and out of bone,
And to the earthe and hard stone :
In the name of the Father, Son, and Holy Ghost, a Godis name."
Answer. — Confesses the useing of the wordis, " In the name," etc. Denies
the rest. Article. — When a sick person sought her cure, shee directed them to seeke
it in Godis name, and that the charme, or the vesseU wherin it was, should not
touch the grounde, and that none should medle with it but the sicke pahtie.
Answer. — Denies.
Article. — More particularlie, charm given to Eebecca BarnhUl in meiU, for
her sonis sake, twice.
Answer. — Confesses : and that it was for the blainke of ane Ul eye, and
that shee used the wordis : " In the name of the Father," etc. ; and that the
charme was only meill.
Article. — Charme given to Joanet Banking for her good man, twice.
Answer. — Confesses once, and in manner above written.
Article. — Charme given to IsobeU Inche in oate breade.
Answer. — Denies.
Article. — The lyk charme to James Stonat in breade for ane blaink of ane
iU eye.

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 355
Answer. — Grantes.
Article. — Charm given to Katherine Eussell in wheat breade for her
husband. Answer. — Confesses that Katherine Eussell brought her gray breade to
have used the charme ; but shee sayd that it would be long ere that would doe
him good. Shee confesses that the disease Katherine EusseU sayd her husband
had was on som part of his body, after that Joanet Lowdon had layd her
hand on him, but the pahtie panneUed sayd she refuised to medle therwith.
Article.-— Charme given to John Bog in cheese.
Answer. — Denies.
Article. — Charm in salt to Joanet Allan.
Answer. — Confesses that the sickenes was for the feaver ; and that aU shee
sayd was, that salt shee had found good for the sam disease, and gave it
to her. Article. — Charmes given in aiU and mUk to severaU personis condi-
scended on.
Answer. — Denies.
Article.— Charme given in broath to Katherine Morson for her cow.
Answer. — Confesses ; but doth not remember if she sayd the wordis : " In
the name," etc.
Article. — Shee had a custome in giveing charmes, that shee gaiped and
ganted as if shee had been sicke herselfe ; crossing with fire the things quhUk
thow charmes, particularlie on Thomas Cochranis wyffe's mutche, which mutch
was broght to her as a tryall of her sickenes.
Article. — Joanet Scotte's barne cured of mawturning by her charmeing, by
useing wordis : " Oaken post, standes thow,
Bahnes maw turnes thow ;
Our lord and our lady bright,
Turne the bahne's maw right."
Answer — Confesses the charme used : that ane old woman first spake of
it ; that it was the first shee saw of that kynd ; and that shee did assist them
in the saying of the wordis, and that James Eamsay, father of the bairne,
looked on.

356 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
Article. — Charmes used by her for wresthig, particularlie on her own son.
Answer. — Denies.
Article. — Charmes used by her for the heart feveris on Katherine Lindsay
and of Margaret TaUzeour ; muttering wordis, and chawing heasseU stickes.
Answer. — James Wabster told her of this charme, and appointed her to
say the beleefe and the Lordis prayer, fasting. Farder : shee sayd that shee
used to cross herselfe with the right hand, and ane cross quhilk she learned of
her mother. Article. — Charme to John Eodger for a sore leg, by takeing of the mouldes
of ane modiwark hillock wheron never leife did grow, and on ground that was
never thled.
Answer. — Confesses she learned it of a highland man, and used it [herjselfe.
Article. — Shee confessed that shee could sucke witchcraft out of folke's
bones. Answer. — Denies.
Article. — Professing skiU of divination ; and that when diseased folke cam
to her particularlie condiscended, shee told them they were not the better of
Ul neighbouris, who duelt be east them and be west them, and what houre of
the night the disease took the pahtie.
Answer. — Denies.
Article. — Sayd to one that came to her for helpe of a diseased person, it
was needless, they wer to long a comming ; the pahtie was gone.
Answer. — Denies.
Article. — Sayd that one particularlie named, a yeer befor they died, had
ther disease so layd on as that they would never gang on the ground againe.
Article. — Shee sayd that Ul folk would putt prines in som folkes heart,
and when the prin cam to the head, they would die.
Answer. — Shee so hard from som folkes in Cartsbume.
Article. — Shee sayd to one that her beast was eaten away with ane ill eye ;
condiscending on tym and place when and wher.
Answer. — Denies.
Article. — Shee sayd to one, " I am not called good, and I can doe both
good and Ul."
Answer. — Denies.

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 357
Article. — She sayd to one , who had eaten her corne, that he should
never thrive so long as he stayed in that towne, doe what he could.
Answer. — Denies.
Article. — She sayd that one Banking, who was usuaUie taken away and
not to be found, that she sayd Banking would be yet oftner taken away, and
that shee sent word to , the husband of Banking, to keep him
selfe quiet, for he was in as greate hazard as his wyff was.
Answer. — Denies.
Article. — Particularlie condiscended on, that cowes died after the tasteing
of her charme, and dogges went mad : and when any tasted of the charme, for
whom it was not appointed, they died of ane longsom disease. The personis
condiscended on.
Answer. — Denies.
Article. — Holden and reputed ane witch, and so caUed by her husband,
who sayd shee had beene the diveUis servant since shee was 15 yeeris old, and
that shee had beene seekeing to gett his souU to heU.
Answer. — Her husband wiU say no such matter.
Article. — Shee hes the diveU's marke.
Article. — WilUam Fiffe, haveing offended her, was cursed by her, and
within few hours contracted a violent disease ; who in his torment sent to her,
and bad her pray to God for him, else hee would cause burne her, or else be
her deade ; and that shee bad God helpe him, and within halfe ane houre the
man recovered.
Answer. — Denies.
Inqueist sworne : witnesses admitted. Anent Joanet Galbraith partly
proven and confessed, partly charmeing for blasting the blainke of ane Ul eye,
etc. Given in the name of the Father, etc., casting on the ground a part, and
directing to be keeped upon the ground, and that none medle with it but the
pahtie for whom it is appointed, and appointing it to be asked for Godis sake :
all instanced in particularis : the matter of the charme somtyme salt, sometym
meaU, oatbread, wheat breade, cheese ; gapeing and ganting the tym of the
makeing of the charme. Charmeing for the maw turning with these wordis,
" Oaken post turnes thow," etc. : for the heade and heart feveris, by chewing
of aissell stickis, or 3 pickles of salte.

358 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
Proven : that shee sayd shee could sucke witchcrafte out of the bones
of such as had it, and that none should come after her should doe better ; and
bidding them keepe themselfes therafter out of the sight of Ul neighboris.
Divination proven, in saying to the diseased they wer the worse of Ul neigh
boris ; and to ane who was taken away, shee sayd they would be taken yet
away : and besydes, one single witness depones, shee told exacthe that a manis
sickenes began betwixt cock craw and midnight : and by annother witness, shee
sayd it was needless for her to goe to a sick man, for he was a spent man ;
which man shee knew not. Item, one witness depones that a dog sueUed after
the tasteing of charme meaU which was appointed for annother man, and shee
sayd shee knew a woman, when shee told her that she was sicke, that it was
procured through her tasteing of charme mUk which was appointed for annother,
viz., a sick barne. Last, is the marke proven mala fama.
Anent Jeane Scott. Common bruite. Proven salve of foxtree leafes
applied for aU diseases, to beast and body, which had operation according as
the pahtie beleeved. It was to be sought in Godis name, and it was given in
the name of, etc., apphed somtymes externaUie, sometymes in potionis. The
signe of its vertew was, if the pahtie sleeped it was health, if otherwise no
hope of life.
Elfe shooteing cured by three fingeris of different persons putt in the hoU.
Malefice of leprosie proven and death foUowing. Shitt bairnes cured by
her salve. Malefice of suelhng layd upon . Malefice of death
layd upon annother. The mark proven.
Diary, No. 2.
Monday, 10 January 1652.
Two thingis, it seemes, would heer be looked to : — 1. How the dispensation
doth represent itselfe. 2. What may be the duetie. In the first of these, three
things cheifely ar to be regarded : 1. Touching the dispensation itselfe. 2. The
circumstances of it. 3. The frame of the hearte within.
1. The dispensation strikes much at the 0, which is my idoU. " For the
iniquitie of his covetousenes was I wroth."

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 359
2. It is to be feared if this be not the tym of the Lordis controuersie
becaus of personall guUte, and of the iniquitie of my fatheris famihe and the
familie I now represent. One drop may swell the cup to the brim that it ran
over : And God hath his appointed tymes and seasonis for temporall roddes.
Falkhk, February 8, 1654.
So also after I found, as I thoght, som nearenes with God, som oathes did
in passion escape. On the backe of this foUowed a mightie indisposition in
prayer, withall a feare of Godis displeasur, which smelled mightily also of a
base selfe love. Edinburgh, 12 Febraary 1654.
Experiences. — I finde this servUl feare (Feb. 8) weake as to the restraint
of sin. Feb. 12. Transgressed in immoderat mirth, in takeing mor wine than
was fitting, quherby it seemes I am not yet without the reache of being
intemperat. Glasgow, Feb. 27, 1654.
Some sad convictions wer these dayes past on my spirit upon the death
of my son WiUiam ; and som directions wrytt to my wyffe, on which I am yet
to looke ; and to be mourned that no remembrance was had of it. Angous
busienes was right guided, and my feare disappointed.
26th July 1655.
My son George saved from a perill of breakeing his leg.

Diary, No. 3.
PoUok, Sabbath, 11 May 1656.
My leanenes under the word is ane abideing complainte, yet it is no
wonder if it be reflected on, 1. That God's faithfulnes is not to be expected
in any other channeU than that of his own promise : Now the promise heth
not in the way of lazienes, sleepeing, and indifferencie, but in the way of dili-

360 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
gence, prayer, watchfuhies, etc. ; and let but my souU answer to God upon
these articles. 2. Consider whether I be not in a case of backslideing in the
use of aU these exercises named ; for backslideing must be accompted from the
fhst verticaU declineing. If I be any thing mor neghgent now than ever I
was, then am I ane backslider. 3. Am I not short in my vowes in myndeing
God of this improfitablenes under the word ? 4. What may be the late and
neerer causes of the faileings of this day ? I have observed that this whUe past,
since I began the purpose of this diarie, God hath never let me goe with any
wilfuU neglect of examination, and such ther was yester night. 2. Ther hath
been laid asyde aU inspection of the familie this whUe past ; therfor God
seemes to withhold from me,- becaus I doe withhold from them : Besides which
rod ther is also another, that is, sad ignorance seen this night (som of them not
knowing the Godhead or eternitie of Christ, and otheris not knowing what is
sin, or what the law of God), beside other profanitie of manneris.
It wold be essayed if that may not be ane helpeful remedie to mak that
the subject of the following weeke's meditation, which was the subject of the
dayes heareing. PoUok, Tuesday, 13 May 1656.
Praise ane edifieing exercise and a helpe to prayer.
Prayer begun with restraint, and ending in som measure of libertie. Sins
of the day : Hearte at a distance from God when I was walkeing and traveUing
out the way ; not profiteing in the house of mourneing (beeing to-day at the
buriaU of John Hamilton in Paislay) ; discourse not edifieing ; discovering
needelesslie, and without a Christian end, the faillings of my neighbour.
Pollok, Thursday, 15 May 1656.
Inordinat passion to-day : Causes appeareing to me, 1. Faintenes or par-
tialitie in my office of ane Justice of Peace, cedeing to lay aside for a tym the
tryall of ane publick offence. 2. Prayer with my wiffe neglected. 3. Forget
ting in prayer the remembrance of som illis detected ; aggravation of the sin,
besides my ordinarie frequencie, inchcumspection, and inadvertencie ; bold
adventureing on tentation and snares on which I have formerlie splitted
upon.

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 361
PoUok, Thursday, 22 May 1656.
My httle daughter afflicted with sickeness ; God not seen nor owned
therin. Myselfe also under a bodUy distemper, and the like distance from God.
Munday, 21 July 1656. Mane.
I have been upon this occasion of the communion constrained to renew
(shall I say renew, or first enter into ?) covenant with Christ, somewhat beeing
discovered off sin with the unavoideable wrath of God foUoweing theron.
Albeit I did not feeU any distraction through the terroris of the Almighty, nor
yet any deepe running sorow ; yet the remedie of a Saviour was embraced as
necessar, pleaseing, and accepteable, mor than all the earthe besides. When I
considered the termes of the offer, and looked back upon former practises, I
was (as weeU pleased with the embraceing of his righteousnes insteade of mine
owne) so much puzled with the promise and vow of new obedience, not as if I
reckoned it not his desert and my duetie, but that I feared breache in the issue.
But againe, when I began to reflect upon my wishes and desyres, oh to be in
covenant with Christ ! Oh to be wiUing for him ! Oh to live to his praise !
These ar not sufficient, but a bargaine must needes pass per verba de praesenti.
I doe take Christ for myne : I vow myselfe his : I promise to walk in aU weeU
pleaseing to him. And againe, I considered what is my vow is his promise. I
say, I have at last entered with feare in covenant with Jesus Christ to this
purpose : It is a day much to be remembered to the Lord, and it is a vow
much to be remembered to the Lord, and therfor I will set down the verie
engagement or covenant itselfe, as it was concluded at PoUok, on Saturday, the
19 of July 1656, in the htle rounde of my bed chamber, after supper, it beeing
to this purpose, breifely.
I beeing convinced of my present lost condition (haveing heer particularly
amplified the confession of original sin, the sins of my youth, the sins of my
hearte, the sins of my vowes, the particular breache of eache command so far
as came to my knowledge), doe, with thankefuU and praiseing hearte and lips,
accept Jesus Christ a Saviour and Eedeemer, and doe lay hold on his blood as
a ransom for all these my abominations. And from the sense I have of sin as
disconformeable to the righteous law of the righteous God, who loveth right-
vol. I. 2 z

362 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
eousnes, and of the wrath due to it, in part aheadie inflicted on my selfe ; I doe
heerby henceforth separate myselfe to the Lord, and devote myselfe to his
feare, promiseing to forsake, renounce, quitt, and abjure my lusts and old
loveris (particularly condiscending on som, with a clause of aU other that shaU
come henceforth to my knowledge), and that onely upon the termes of Christ
his beeing suretie for me in that which is good. And it is upon these termes
that the sealles of the Covenant in the communion have beene by me inter-
medled with.
This day also a postscript hath been added to the former, viz., that aU my
work and service shall be gone about in love to Christ, who loved me, and who
gave himselfe for me.
The particulars that at present ar to be remembered toucheing this vow
now made to the Most High is, that I shah give myself mor to the meditation
and praise of him, with prayer to him ; depend upon him for aU his faithful
nes ; subject my selfe to the word of his command ; trust to the word of his
promise ; submitt without murmureing to his free disposeaU of me.
That I shaU particularly endeavour the mortification of pride, passion, my
own carnaU pleasures and delights ; that I shaU endeavour the reformation of
the sins of my relations ; as a husband, to love and cherish my wiffe, and beare
with her infirmities, respecting the oathe of God to the wiffe of my bosom,
and. together with her endeavour the honor of God by jointe prayer and other
dueties ; as a master of a famhie, to endeavour the instruction, edification, and
wise correction of these under my charge ; as a son, to love and honor my
parents ; as a father, to love, pray, instruct, correct, and provide for my chil
dren ; and shall, in the relation of my power and authoritie, either in the house
of God or in civiU trustes, set myselfe impartiaUie for his honor : That I shall
endeavour contentednes with my oune lot, and depend upon him dhigently
in the affairs of my calling, estate, and interest, without oppression, fraud, or
covetousnes. That I shaU not causelessly nor incompassionately discover the nakednes
of my brother, but shall with love cover offences, yet so as not to hate him in
my heart, but in any wise to rebuke sin with the observation of the rules of
love and Christian wisdom.
I doe profess I have no reason to boaste or confide in my oun strength

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 363
(the treacherie of my oun hearte beeing of unfrequent experience), but that
which hath induced me to come under this formall engagement is, 1. Becaus
as the conviction of the bountieful nature of Christ towards sinners, or the
longeing desyre to be under covenant with him, is not sufficient, but ther is a
formaU, dhect, explicite embracing of Christ requhed ; so answereably, ther is
on the part of the beleever required a formall, dhect, and explicite promise,
vow, and engagement. 2. The vow of baptism made in my name is such.
3. The seaUes of the sacrament ar the seaUes of a formaU covenant. 4. The
covenant on the part of Christ is such, and ought on our part to be mutuall.
5. I look upon this vow as one of the bonds of God on my souU. 6. I look
upon it as a meane for strength to be derived from Christ.
[This Covenant was renewed by Sir George Maxwell, and a separate copy
(holograph of his eldest son John) subscribed by him at PoUok on
13th April 1677, a " little before his death :"] Original at Pollok.
PoUok, Thursday, 4 November 1656.
I cam this day home from Edinburgh, meeteing by the way with the
information of my brother BlackhaUis deathe. The dispensation speakes home
to me as a man, as a Christian, as a freind. As a man, its language is " me
mento mori ;" as a Christian, " number thy dayes and applie ;" as a freinde,
" lover and freinde doth he put far away, and acquainteance into darknes."

Diary, No. 4.
PoUok, Tuesday, 16 December (56.)
Yesternight I studied arithmetick som short tyme : therafter practiseing
it in the computation of the lives of the patriarches before the flood.
Ther is a holy arithmetick recommended to us : 1. The number of our
dayes : 2. Dueties : 3. Sins : 4. Mercies. Number dayes ; add dayes tUl they
swell into weekes ; multiphe weekes till yow extract yeeris ; substract from
theme what of our dayes must be necessarily aUowed to sleepe, to diet ; what

364 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
unnecessarUy triffled away ; and see how short is that hand bredth of our age,
and how litle of that hand bredth is under our disposeaU. Divide one of these
dayes in houris, and that in aU the severaU periods therof, and the product shaU
prove how fluide a thing tyme is.
Dueties have ther oun order and classes, superiorities and subordinationis :
first God, then our selfes, last our neighbour : and to set eache in its own place
is a parte of ane holy arithmetick.
Both sinis and mercies ar innumerable. Dueties ar comprehensive and
short ; but numberlessly innumerable ar sins : Mercies cannot be reckoned up
in order (and the ordering of them is ane greate parte of this holy arith
metick). " If I should reckon them in order." And as to sinis, the number
of them is to be endeavoured, though they be mor than the hahis of our heade.
Mr. John Eae, a preface to a sermon. Many things have ther rise and
faU from love, stabUitie, tendernes, mortification, Sabbath dayes, dueties, hope,
diligence, meditation, longeing for Christ his comeing.
Examination.^ — Passion stirred to-day befor I went forth to sermon : No
wonder if ther was no profiteing by it.
I was present at a marieage to-day : This ordinance was honored by Christ,
but I do not reape any benefite of the meditation therof. After this I was
employed about affahis relateing to the payment of some debtis. My sin in
this is not observeing with thankefulnes Godis preventeing of that marke of
the wicked man, who borroweth and payeth not againe. 2. Compareing my
advantage besides many of the most considerable famUies of the land. 3. Not
engageing myselfe upon this experience to be less anxious about the thingis of
this life. A sin hath been also in not beareing with som litle erroris and infirmities
of  : Not pondering how much ther was in these of ane just rebuke,
which, if it wer at this present innocently charged, hath been deserved at
annother season. PoUok, Friday, 19 December (56.)
Examination. — My morneing sin hath beene lazienes ; slothfuU slumbere-
ing upon my bed. It appeares a verie peccadUio, yet yow may judge a serpent
from its progenie : see what good turnes have lien behinde the hand. 2. What

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 365
hath the pUgrim to doe to rest in the whderness, especieallie towardis the de-
clineing of the day ? 3. It speakes forth how contentedly I would sit down
under the shadow of the bramble, and forget the delightfull shade and fruite of
the aple tree. 4. Satisfaction and contentment is so greate in a good warme
nest which wee builde our selfes on high, as it is no greate difficultie to finde
out the grounde of that disquietnes that falselie pretendes oft tymes to be the
streame of a sweeter fountaine. 19 December (56.)
Observations on Providence. — Being this day lookeing out some paperis
for assisteance of the Earl of NidisdaUhs pursuite against Bacleugh, it is not to
be passed by what doth appeare from the inspection of adventures and trans-
actionis relateing to that famhie, old and late : Promotion cam neither from
the easte, nor from the west, nor from the south. How tenible is God in his
displeasure, when he cutteth of the spirit of princes ! How emment hath that
familie been which is now so verie low ! Also, I have reason to suspect the
inducement of that hath given occasion to som of those burdenis that now afflict
my famhie, hath beene somwhat of ane hope of my predecessoris to succeed to
that familie : which doth plainely teache and speake aloud the vanitie of deepe
projectings about the world, and how much mor preferable it is to quietly sub
mit unto the good providence of God, the issue wherof is al wayes above all
our designes. PoUok, Saturday, 20 December (56.)
Begun with prayer.
Examination. — Immediatehe upon the back of this fell out a most greivous
passion with  : so much the mor hainous as that it was upon the back of
ane sweete fellowship with Christ in prayer. I think the cause, one cause at
least, was the adventureing rashelie on som tentation that gave the occasion.
This use, I judge, ought to be made of it : 1. Not to judge a not sthring sin to
be a mortified sin. 2. Not to judge a tyme of communion with God a tyme
free of tentation. 3. Neither yet a tymo> of good purposes (such a tyme this
was) to be a tyme free from the like hazard. 4. To look upon this as a rod for
sinis of the sam kynde. 5. To look upon this as a rebuke forgetting of that

366 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
which Was noted 3 dayes since, 16 December. To remember that guilte maybe
in former tymes, though innocence may be as to that quherin wee ar rebuked,
and to remember the sinis of youth and secret sinis.
PoUok, Wednesday, 24 December (1656.)
This day attended the burieall of Blackhall younger.
Pollok, Wednesday, 24 December (56.)
Eeade Psahnes 110, 111, 112, 113, 114, 115, and Samuel, i. Beeing
this day abroad upon occasion of the burieaU of Blackhall younger, I have
not had any serious meditation on the Word ; onely it is remarkeable in the
1 Samuel toucheing the returne of prayer. — Examination. My spirit not affected
with the thoghtis of deathe, nor this occasion weel emproven, nor care taken to
regaine lost tyme. PoUok, Sabbath, 28 December (56.)
I have beene detained by sleepe in the morneing, after I had profitably
watched in the night, from foUoweing the dueties of the day.
Wandring also was, in tyme of prayer with my wiffe. Add to this that,
dureing all this weeke last past, ther hath not been any reveiw of my way,
prayer for the pardon of the sinis of the former weeke, and for sanctifieing this
day by ane holy rest from the sinis of the former weeke, and from that un-
fixednes of mynde that may be contracted from my sinfuU intermedleing in
the affairis of this life. . In prayer not countenanced of God.
Pollok, Thursday, 1 January (57.)
Morneing. — Eeade the first 5 Psalmes, and 1 Samuel xiii. Samuelhs
oration to the people befor his deathe, toucheing the change of government
from a democracie to a monarchic He first vindicates his oun government,
2. takes of the pretext of his sonis naughtienes to be the true cause of the
change, but an ambitious affectation of conformitie to the nationis, and feare
of the Ammonites invasion. What foUowes is remarkable, both of the evidence
of Godis displeasure with the change, and the certainetie of Godis respect to
his people. A notable and remarkeable place.

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 367
Note. — I am exceedeingly moved at present to know Godis mynde in the
particular of the division of Mearnes Muhs. Things ar maned befor they be
put in God's hands : At first it was but the formaline of seekeing his counsell :
Now that opposition is given to my designe wher so Utie was expected, and
considereing how readie such a meane may be of hazard to me by God's just
judgement, I am the mor moved.
Haveing upon this emergent prayed with my wiffe, I am convinced of
this followeing duetie : First, not to designe the right of any of the fewaris but
in a fair way. Next, not to wearie in any essay of peace. 3. To continue to
deliver him that without cause is mine enemie. (It is the word of a Psahne
reade to-day.) 4. If provocked to essay ane legall decision, then not to feare
or distrust oft experienced providence.
Pollok, Friday, 2 January (57.)
Begun the day, after prayer, with a mightie passion : occasion with 
about the enteress of J. M. ; I intendeing a greater ease than was advised.
Ther is, I verelie thinke, a good intent ; but ther appeares the foUowing sinfull
erroris : — 1. It is not a zeale for a Christian duetie, but pride, that loves not
to be crossed. If the principle wer pure respect for conscience' sake to a poor
man, ther should be a chaine of graces like ane ornament about my necke ;
mor of patience, mor of humilitie, mor of compassion, mor of zeale to gaine a
consent from  ; wheras now, my vertew becomes my sin, and ther is a
chaine of vices which is ane disgrace and shame to me ; passion, rashe and un
advised speakeing and acteing, contention with  , the spirit disposed to ane
hastie humorousnes throughout the day. 2. Beeing moved about so poore a
triffle speaketh forth the eminent degree of this sin : Strong and readie acting-
proves a deepe and rooted habite. 3. Ther is somwhat of ane impure principle
in the occasion mixed in with a better ; that is, love and respect to applause.
Edinburgh, 19 January (57.)
Eobert Andrewes related that the shoure of blood, som 18 drops therof,
wer founde on cloathes in his garden the last Tuesday of October (56) ; and
befor that, a greater quantitie in the governor of Perthe's garden, that sam day
fortnight befor.

368 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
Edinburgh, Tuesday, 27 January (57.)
Dr. Colquhoune maried to Mr. William Maxwellis daughter.
Edinburgh, Tuesday, 27 January (57.)
Attended a marieage of Mr. WUham Maxwellis daughter with Dr. Col-
qhoune. And litle of a right emprovement of such ane occasion. My hearte
hath been somewhat under the thoghtis of Godis soveraignetie, that restrained
for a litle tyme vaine thoghtis, yet not long till I was engaged in idle triffleing
of tyme. Ardgowan, Saturday, 21 February (57.)
Attended the burieaU of Barochanis son.
DuchaU, Tuesday, 24 February (57.)
Eobert Widdrow in Daffe fined by the Justice of Peace for fornication,
drunkennes, and resett of Egiptianis, 40 marks ; to be payed to WUham Addam
within 20 dayes, with ane 5the part mor in caice of undue payment.
DuchaUis man, for kUling the dog of Alexander Maxwellis tennant, etc.,
to pay 40s. to the pahtie skaithed, and 40s. to Alexander Sinclar, constable, to
be given in to the thesaurer. PoUok, Wednesday, 25 February (57.)
Providence in saveing me in ane faU from a horse.
A sad occurrent of the MiUar of SeedlemUne grinded to deathe by the
wheeUes of the mUne. Pollok, Wednesday, 4 March (57.)
Eeceived my paperis, my contract of marieage, and paperis relateing to
my wiffe's securitie. Thursday, 5 March (57.)
Gone to Glasgow on my Lord Montgomeries behalfe. On Saturday 27 Feb
ruary generaU Major Montgomerie and the Lord Kinnoull escaped out of the
castell of Edinburgh.

1649-76. J EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. 369
8 March (57.)
The reveiw of my wayes referred tiU to-morrow. My wiffe much sick.
My son George also. Munday, 12 September 165 9. 1
This day I rode to Edinburgh, and was at night in Falkirk, and at Edin
burgh on Tuesday and Wednesday 13 and 14 September; at Lithgow on
Thursday 1 5 September, and at PoUok on Friday 1 6 September.
PoUok, Saturday 17 September 1659.
Eeflection made on my way these dayes past, wherein I finde myselfe to
have consumed idly my tyme, and to have misemproven good oportunities of
Christian fellowship and societie ; neither to have rested on God in the prose
cution of my cheife busienes, which was my oune and my wiffe's healthe with
a phisician. And this day I have sleeped, or rather foohshly spent my tyme
in vaine sohtarie museing, not fervent in prayer, nor prepareing for the Sabath.
My departure from God hath indisposed to actis of worship.
PoUok, Sabbath, 18 September 1659.
Albeit the Lord hath not remedied fuUy my wandring mynd, with other
sinis of worship, yet hath he tenderly vouchsafed to set som of them befor
mine eyes, and also to mak som sweete revelation of his merciefuU, compas-
sionat, and tender hearte to sinneris : That is aU the ground of my hope, both
for pardon and for sanctification. PoUok, Munday, 19 September 1659.
IUis are not mortified, but easiely provocked. Prayer and meditation, with
other actis of worship, difficult. Scripture not serieously reade.
PoUok, Munday, 10 October 1659. Mane.
No sooner was prayer ended with my  , but streight needeless pas
sion and discontentment did arise, which evidences pride to be my sin. And
1 The following Nine Entries are in Diary, No. 2, and are placed here to make the whole
series chronological.
VOL. I. 3 A

370 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
now is he not a good God that permittes me to pray, and doth not presently
shew his displeasure ? My question is, whether I may presently beleeve pardon
of this sin when yet my hand is smoakeing with mine iniquitie ? Heer also is
matter for repenteance aU the day long. Farder, my sin is sinfuU conjunction
in prayer, which is in parte a cause of this passion ; ane Ul that I wold faine
know in the rise, and be helped to reforme.
PoUok, Saturday, 5 November (59.)
This day the morneing was spent in sleepe excessively ; and the exercise
of the day suiteth not with the present sad tyme, and the tentationis and
snares that ar therin. The Lord seemeth stUl veUed, and in the meane tyme I
am stupide above measure. The Lord hath dehvered from a sad accident of fire.
PoUok, Saturday, 12th November (59.)
This day I sleeped immoderately, and did not at aU regaine my loss by
any dhigence. It is good for me to be seriousely affected with my sin as
becomes. Furthermor, I was assistant at the burieaU of my servant, Q. L.,
and have not anything mor minded my mortahtie.
PoUok, Munday, 19 December 1659.
This day spent in sport at the ice. These rales I have transgressed which
ought to be observed in the use of this parte of Christian libertie : viz., 1. Heerby
to enable me with mor cheerfulnes to Godis service. 2. To avoid heerin pas
sion and lightnes. 3. To intermixe therin prayer, as in aU other actionis : All
which, less or mor, I have transgressed. The Lord hath been putting me mor
in mynde of judgment. He hath also preserved me from a manifest danger of
ane faU on the ice. PoUok, Friday, 6 January 1660.
This day usuaU passion hath accompanied me. The Lord hath also given
proofe how it was in his power to have destroyed me, but hath showne himselfe
to be the preserver of man and of beaste, when my horse did faU in the bridge
twixt Paislay, neere HUlington. My sin is that, doe the Lord what he wiU,
my hearte comes never to be kindelily affected with his love.

1649-76.] EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES.

371

Diary, No. 5.

Edinburgh, 9 May 1672.

For my son George, holland

£17 19

6

Makeing therof, .....

2 8

0

Captain Dick for stuffe, 9 eU beate a quarter

30 18

0

TaUor compt .....

39 17

8

For my daughter Margaret's pettiecoate

30 10

9

For AnnabeU's goune . ( .

83 10

9

Glooves to her and sett ....

2 8

0

Diary, No. 6.
PoUok, 28 AprU 1675.
Mem : Mr. Alexander Jamieson died at Hagges, 15 AprU 1675, and
buried at Govean, Munday, 17 AprU.
The Lady Coltesfeild to be buried 29 AprU 1675.
PoUok, Wednesday,. 15 September (75.)
Treiste of marieage twixt the Lord Montgomerie and the Lord Cochrane's
eldest daughter, at Paiselay. The Earls of Eglinton, Lowdon, Dramfreis, Dun
lop, Lanshaw, Skelmorley, Major Bountine, on the part of Lord Montgomerie :
the Earl of Dundonald, Lord Cochran, Sh John Cuneinghame, Sir John Coch
rane, HousiU, and myselfe, but nothing concluded.

This day

PoUok, Tuesday, 21 September (75.)
WaUace of Faill, father to the Lord Craigie, Justice Clerk,

was buried ; who died som dayes befor.
PoUok, Saturday, 25 September (75.)
The Lady Aikinheid, daughter to DuchaU, died. Her mother was a
daughter of BroomehUl, HamUton : who is to be buried 7 October 1675.

372 EXCERPTS FROM SIR GEORGE MAXWELL'S DIARIES. [1649-76.
Munday, 27 September (75.)
Greate mortahtie amongst the poor ; so that two severaU strangers, dieing
in ane day at Hagbowes, could not, without sipphe hence, be so much as buried.
And a thrid, Hall in Shawes, to whose buriaU I gave a rix doUar. It is sayd
that at HamUton, after this greate storme, the meale did rise from lis. to 15s.
a peck. PoUok, Friday, 8 October (75.)
By the CounseU, 5 September 1675, the Laird of Polwart, prisoner in the
Tolbooth of Edinburgh, for the oposition given to the CounseUis designe of
garisoneing som houses, is aUowed to be prisoner in the CasteU of Sterleing.
PoUoc, Saturday, 9 October (75.)
This day died Dr. HamUton, brother to Bangour, at Glasgow : buried,
12 October therafter. Edinburgh, Thursday, 2 December 1675.
Mem.— This day maried at the Canniegate khk, the Laird of Keh and the
Lahd of Lusse's daughter.
The sam day, maried at Yester, the Earl of Eoxburgh to the Earl of
TwedaUis daughter. Munday, 6 December 1675.
Mr. Matthew Birsbane's wiffe, mother to Dr. Birsbane, buried at the West
Khk ; who died Tuesday last.
Edinburgh, 28 January 1676.
Mem : Great burneing at the heade of Kirkheugh in Edinburgh, 1 3th
January 1676. PoUok, Thursday, 9th March (76.)
This day the Lady Blantyr, Greeneockis daughter, buried ....

1670-1719.] EXCERPTS FROM SIR JOHN MAXWELL'S DIARIES. 373

EXCEEPTS FEOM THE DIAEIES OF SIE JOHN MAXWELL,
OF POLLOK, 1670-1719.
13th April 1670.
Eemarks vpon my journey to London.
That day wee cam from Edinburgh to Dumbar, wher wee went and saw
the church, and the Earle of Dumbar his tomb, haveing first his effigies in
marble, kneehng on ane cushion, and a book before him, tuixt tuo arches that
hes draune on each of them a man aU in armes ; and then above all, his armes,
with this motto : Eex ditat Deus beat. 14 AprU.
That day wee cam through a muhe countrey 20 myles, to Berwick, wher
wee dyned in the Postmasters ; and from thence the first stage to Belford,
wher wee lodged aU night. In aU this ther was nothing curious, but the church
of Berwick. 15 AprU.
Wee came from Belford to Morpath, quUk is 2 stages, viz., to Anwick
one and Morpath another, being evhl and moorish way.
16 April.
From Mr. Pye's house in Morpath we cam the first stage to Newcastle,
wher wee saw ane great court laid with whyte and black marble, all lyke lozens.
Then of that court, a pretty Councell roome, laid both in the sydes and the
ground with marble, and ane exceUent chimney of pohshed marble ; besyd
many other things quhich this may mind me of.
17th AprU, Sabbath-day.
Wee wer this day at Durhame aU night, wher wee went to church and
saw Divine service performed and the Bishop's house.

374 EXCERPTS FROM SIR JOHN MAXWELL'S DIARIES. [1670-1719.
18th AprU, Munday.
Wee came to Darnetoun and dyned, and from thence to North AUertoun,
wher wee lodged aU night. 19 AprU, Tuesday.
From AUertoun wee cam to Borrowbridge, wher wee dyned, and from
thence to Ferriebridge, wher wee stayed aU night.
20 AprU, Wednesday.
From Ferriebridge we cam over Trent, to a toun over against Marnam,
quhere wee wer aU in hazard of being drouned, and was 12 of clock at night
befor wee gott off. 16 AprU, Thursday.
Wee came to Cauldsweth, and in that day's journey I saw Newwark and
Grantham, wher is the hiest steeple in aU England.
17 AprU, Friday.
Wee came to StUtoun ; quhich day I saw the toun of Stamford, a pretty
toune, less then Glasgow. 12 December (1678.)
I gave the Sheriff Deput my last discharge of the few dueties of Yocker
and Blaweart, tiU the year 1671. BlackhaU and Zacharie presentt ; subscribed
by Mr. Hugh Mountgomerie, so that ther is only oweing frae the 1671 tUl the
year 1674 : for I payed other 3 years to Mr. EzekieU in summer last.
London, 26 February 1695.
Compt of some things bought ther :
My Picture, ...... £120 00 00
A Twiss string, . . . . . . 11 08 00
Charitie to the Scottis corporation, . . . 120 00 00

1670-1719.] EXCERPTS FROM SIR JOHN MAXWELL'S DIARIES. 375
PoUok, 13 September 1706.
Item, That day Margaret MaxweU, daughter to my uncle, the deceast
Zacharie MaxweU of BlawearthUl, was maried to Mr. Eobert Stewart, one of
the regentis of the CoUedge of Edinburgh ; with whom I gave 4000 merks of
tocher, payeable at Martinmas 1707, with annualrent therafter. Since paid.
Edinburgh, 3d January 1707.
Given to Mr. John Cunyngham for his lessons, both on the Institutes and
Scotts law, upon John MaxweU's accompt, 5 guineas.
Edinburgh, 2 2d April 1707.
Paid to Mr. Eobert Stewart 2000 merks, that was left by my deceast
wyfe, Dam Marion Stewart, by her appoyntment. 27 August 1707.
Edinburgh, 23d AprU 1707.
Paid to Mrs. Anne Stewart, rehct of James MaxweU of BlawearthUl,
1000 merkis Scotts, that was left to her by my deceast wyfe, Dam Marion
Stewart, by her appoyntment, the 27 August 1707.
Edinburgh, 14 November 1707.
Paid to Mr. Eobert Stewart 2000 merkis of his tocher with Margaret
MaxweU, and gave bond for the other 2000 merks, payeable at Witsunday,
with annualrent from Martinmas last, in compleit payment thereof. Since paid.
Edinburgh, 15 December 1707.
For Mr. MaxweU's CoUedge, on the Pandects, to Mr. Cunyngham 5 guineas,
and to his man half a croune. Edinburgh, 10 March 1708.
When I went to see my sister Eosyth, I gave her 25 guineas in part of
the 1000 merks my mother ordered me to paye her when she died: The
guineas went then at 21s. and 6d. sterhng.

376 EXCERPTS FROM SIR JOHN MAXWELL'S DIARIES. [1670-1719.
Edinburgh, 5 AprU 1709.
To paye Mr. Maine for the jewels gotten for Lady Anne CarmichaU,
£205 : 05 : lis. sterhng, when she was maried to Mr. MaxweU, conform to
his receipt. Edinburgh, 13 AprU 1709.
I lent to John MaxweU, when he went to his marieage, and the day I left
him at CarmichaU, 360 lib., being 30 lib. sterling, for quhich I gott 10 hb.
sterling further, quhich came to 40 hb.
27 AprU 1709.
Given to Mr. Caesar, the Prussian minister, 5 guineas, for buUding a
meeting house at London, for the Calvinists of the King of Prussia his do-

minions.

Edinburgh, 20th June 1709.
Signed a bond to Dr. James Bahd and his children, James, Patrick, John,
and Marion Bahds, of 1330 lib. principaU; quhereof the annualrent of 1000
merks is to be paid to the Dr. dureing his lyfe, from Witsunday 1709 ; and the
annualrent of the remnant of that soume is to be paid to the above named
chUdren, equaUie betwixt them and the survivors of them, dureing the doctor
his lyfe, from the term of Witsunday last. The soume is 663 lib. 6s. 8d.,
quherof the annuahent is to be paid to the baimis from Witsunday 1709, and
the Doctor discharged of the principall bond and decreet foUowing theron, on
the 17 June instant. Edinburgh, 8 March 1710.
John MaxweU and I signed a bond of 5000 merks of tocher to Mr. David
Lauder, advocat, when he was maried to Marion Maxwell this daye, payeable
at Martinmas next, with annualrent therafter.
Pollok, 23d April 1714.
GrizaU MaxweU was maried to young Barns, to whom I gave bond for
8000 merks, payeable at Witsunday 1715, of tocher.

1670-1719.] EXCERPTS FROM SIR JOHN MAXWELL'S DIARIES. 377
Edinburgh, 28 February 1716.
Signed witnes to ane assignation to the trusties therin named by David
Lauder, advocat, for the behoove of his two children, Jean and Marion Lauderis,
for the soume of 10,000 merks equaUy betuixt them; and the bonds wer de-
lyvered to Eobert Alexander of Blackhouse, one of the Clerks of the Session,
as one of the trustees, to be keeped for the children's use.
PoUok, 19 AprU 1717.
I bestowed on Mr. Eobert Woodrow 1000 merks.
Edinburgh, 1st November 1717.
Payd to Joseph Cave, for cutting a fyne seal of my armes on a corneUian
stone, sett in gold, in aU, 6 hb. 15 s. sterling.
Edinburgh, 6 June 1718.
Advanced 2 guineas to Mr. James Anderson for his book Diplomata
Scoriae, upon his receipt and obleisment to delyver the book against the
19 March 1719. Edinburgh, 14 July 1718.
Bought of Mr. James M'Ewen, bookseUer, a great London Byble, and paid
him therfor 5 guineas— £63 : 00 : 00.
PoUok, 20 October 1718.
Given to Principall Stirling my demission as Eector, and nomination of
Gorthie to be leeted in my place for the next yeh ; together with Mr. Forbes'
principaU lettre, when I was removed from being Eector in the 1717, to be
returned to me again. PoUok, 2d May 1719.
Charitie to Marie Stewart, Scottstoun's daughter, 3 guineas ; and pro
mised to give 2 guineas yearly, one quherof to be paid at Martinmas next,
whyle she and I leives, being now about 75 yeares.
VOL. I. 3B

378

EXCERPTS FROM SIR JOHN MAXWELL S DIARIES.

[1719.

Pollok, 10th October 1719.
Given to Mr. Eobert Woodrow £5 sterling.
PoUok, 12 October 1719.
Aggried with John Smith, sclaiter in Glasgow, to keep my houses of
PoUok and the Hagges, together with my He at the Kirk, sufficiently drye ; and
when slaites comes out, to be repahed (except wher ther is ane eU of work to
be repaired, quhich is to be joayed at the ordinar rate) ; and aU this is to be
clone whenever he is acquainted therwith ; and to poynt these houses suffi
ciently when requyred therto ; for which he is to have 1 0 merks and a boll of
meale, together with 2 s. sterling for aU naUes that may be wanting for the
said service, as the aggried pryce yehly betuixt him and me ; and this in fuU
satisfaction of aU he can crave. All which he is oblidged to perform under the
paine of ten merks : And this aggriement is to last for seven yeares, and to be
farther extended in due form.
Edinburgh, 6th November 1719.
Charitie to the EpiscopaU Ministers, a guinea.

REMAINS OFTHE OLD CASTLE OF POLLOK
REFERRED TO AT PAGE 3.

379

ABSTEACT OF THE FOEEGOING CHAETEES AND
FAMILY PAPEES.

Page
1. Charter by King William the Lion to Eobert son of Maccus, of a carucate of land in the
territory of Lesedwin : To be held in feu and heritage for payment of twenty shillings yearly,
and the rendering of all the services which used to pertain to that land, except ploughing
and reaping. Forfar, 28th December [1200],  121
2. Confirmation by Pope Honorius III. of a grant made by Joceline Bishop of Glasgow, and
Florence Elect of Glasgow, to the Prior and Convent of Paisley, of the churches of Cathcart,
Rutherglen, Carmunnock, Kilbarchan, Mearns, and Pollok, with all the possessions thereof.
Reate, 12th June [12l9] . Original in Abercorn Charter Chest,  121
3. Charter of Confirmation by King Alexander II. to M., formerly Thane of Calentyr, of the
whole land in which he had been infeft by J. Maccuswel, the King's chamberlain, and others,
in excambion for his lands in the valley of Nyth and in Calentyr, whieh had formerly be
longed to Edgar son of Donald, and Affrica daughter of Edgar : To be held of the King and
his heirs in feu and heritage for the service of one knight. Scone, 30th June [1233].
Original in the possession ofthe Editor,  ,  122
4. Charter of Confirmation by King Alexander III. to Malcolm son of Duncan, and Eva, sister of
Maldon Earl of Leuenax, of a grant made to them by the said Earl of the lands of Glaskhel,
Brengoenis, and a carucate and a half of the land of Kelnasydhe, together with the gift of
the church of Moniabrocd : To be held according to the tenor of their charter thereof, saving
the King's service. Roxburgh, 30th April [1251]. Ibid.,  123
5. Charter by William Coningburgh, son of Sir William Coningburgh, Knight, to Herbert, son and
heir of Sir Eymer Maxwell, of a carucate of land in Langholm, with the common pasture of
Langfell, and half a carucate of land in Brakanawra : To be held for 12 pennies yearly ; with
the privilege of grinding his corn without multure at the granter's mill of Stapilgorton. [o. 1270], 124
6. Charter by Herbert Maxwell, Knight, to the church of St. James and St. Mirren of Paisley,
and the monks serving God there, of eight and a half acres and twenty-eight particates of
land in the Newton of Mearns, in exchange for eight and a half acres and twenty- eight par
ticates of land which they had in the territory of Aldton, and which they had given to the
granter. [c. 1300]. Cartulary of Paisley,  125
7. Charter by Herbert Maxwell, Knight, of six merks of annualrent from his mills of Mearns :
To be held in pure and perpetual alms, free from all secular service, for the support of a
chaplain to perform divine service in the parish church of Mearns for the living and

380 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1300-1374. Page
the dead ; the right of presenting the chaplain being reserved to the granter and his heirs.
[c. 1300]. Ibid.,  126
8. Obligation by Herbert Maxwell, Knight, to the Abbot and Convent of Paisley, to find a chap
lain to officiate in the church of Mearns for ever ; the granter binding himself and his heirs,
in case of contravening the ordinance contained in his letter relative thereto, to pay for each
contravention ten merks in name of penalty, to be applied to the use of the monastery of
Paisley; the ordinance to remain in force nevertheless, [c. 1300]. Ibid.,  127
9. Charter of Confirmation by King Robert I. of a grant by the deceased John Kinross, Knight,
to the Monks of Cupar, of the lands of Cambow, Duny, and Clargis, in Glenyleff, and two
merks of annualrent of Auchinlesk : To be held by the monks in pure and perpetual alms,
according to the charter thereof by the said John, saving the King's service. Perth, 12th
July [1316],  128
10. Charter by Eobert Maxwell, Lord of Mearns, to Sir John Maxwell, Knight, Lord of Nether
Pollok, and the Lady Isabella his spouse, of the lands of the Dripps, in the barony of Kil-
brideshire and county of Lanark ; reserving to the granter and his heirs the hill next to
the town of the Dripps, with the stone erected on its summit, for holding courts when
necessary : To be held by them, the longer liver of them, and their lawful heirs ; whom
failing, the heirs of the said Sir John, for rendering the service due and wont. Perth, 4th
March 1371. From a Transumpt in 1489. Vide No. 62 infra,  129
11. Charter by Eobert Earl of Strathearn, and Euphemia his spouse, Countess of Moray, to John
Maxwell, of the whole east half of all their lands of Bardralle, Baddynhath, and Glenframedy,
with their pertinents, all within the earldom of Strathearn : To be held for three suits at the
three head pleas of his court of Strathearn ; and for payment to him and his heirs of a pair
of white spurs or twelve pennies sterling, in name of blench farm, at Whitsunday, if asked, for
ward, relief, marriage, and all other services exigible from the said lands, [o. 1366]. From
a Notarial Copy at Pollok, made in 1694, ofthe original in the Gleneagles Charter Chest,... 130
12. Charter of Confirmation by David Stewart, Earl of Strathearn, to Sir John Maxwell, Knight,
and Isabella his spouse, of the east half of the lands of Bardralle, Baddynhath, and Glen
framedy, in the earldom of Strathearn, which belonged to the said Sir John, and had been
resigned by him in the granter's hands : To be held by them and their heirs ; whom failing,
by the heirs of the said Sir John or his assignees, in feu and heritage, for three suits of the
granter's court of Strathearn, at the three head pleas, and for payment of a pair of white
spurs or twelve pennies sterling, in name of blench farm, at Whitsunday, if asked. Edin
burgh, 10th May 1372. Original in the Gleneagles Charter Chest,  131
13. Charter of Confirmation by King Robert II. to John of Maxwell, Knight, and Isabella his
spouse, the King's niece, confirming the charter granted to thom by David Earl of Strath
earn, the King's son, of the east part of the lands of Bardre and Bardynhayth, in the earldom
uf Strathearn and shire of Perth : To be held by them for payment of the sums and render
ing tbe services mentioned in the said Earl's charter, saving the King's service. Edinburgh
24th April [1374]. Original in the Gleneagles Charter Chest,  132

1388-1400. J ABSTRACT OF CHARTERS AND FAMILY PAPERS. 381 Page
14. Charter of Excambion by John Maxwell, Lord of Pollok, to Sir Bernard Haldane, Knight, of
his lan'ds of Barderole, lying in the earldom of Strathearn and shire of Perth, for the lands
of Jackton, lying within the shire of Lanark : To be held by the said Bernard, and his heirs
and assignees, of the granter and his heirs, as freely as the latter held them of the Earl of
Strathearn, for payment to the granter of a silver penny, in name of blench farm, at Whit
sunday, upon the ground of the said lands, if asked only, and for rendering to the Earl of
Strathearn and his heirs the service due and wont. Edinburgh, 6th May 1388. Ibid.,  133
15. Charter of Confirmation by Euphemia (dowager) Countess of Strathearn to John Haldane,
Knight, of the grant made by the deceased John Maxwell, Lord of Pollok, to the deceased
Bernard Haldane, Knight, the grantee's father, of the lands of BarderoU, lying within the
earldom of Strathearn : To be held on the conditions mentioned in the charter granted by the
said deceased John Maxwell to the deceased Sir Bernard. Perth, 26th June 1414. From
a Notarial Copy at Pollok, made in 1694, ofthe original in the Gleneagles Charter Chest, ... 134
16. Charter by John Maxwell, Lord of Pollok, to his son Robert, of the land of Jackston, in the
barony of Kilbride and shire of Lanark : To be held by the said Robert and his heirs-male ;
whom failing, by the heirs-male of Sir John, son of the granter ; whom failing, by the
nearest lawful heirs of the said Robert, in feu and heritage, for rendering to the lord superior
thereof (James Stewart, Lord of Kilbride) the service due and wont. Pollok, 15th May 1390, 135
17. Charter by James Stewart, Lord of Kilbride, to Robert Maxwell, son of Sir John Maxwell,
Lord of Nether Pollok, and the heirs-male of his body, of all the lands of Jackton, as they lie
in the barony of Kilbride and shire of Lanark ; which lands the said Sir John Maxwell resigned
to the granter : To be held by the said Robert and his heirs- male ; and, in the event of Robert
predeceasing his father, by the latter during his life ; and after his decease, by the heirs-
male of the said Robert ; whom failing, by Sir John Maxwell, Knight, son and heir of the
foresaid Sir John, and his heirs-male ; whom failing, the said lands to revert to the heirs
whomsoever of the foresaid Robert entirely and for ever. Rutherglen, 25th January 1394, 135
18. Instrument of Publication of a charter by Archibald Earl of Douglas to John Maxwell, Knight,
Lord of Pollok, and Elizabeth his spouse, of the lands of Whitchester, in the barony of
Hawick and' shire of Roxburgh, which belonged to her, and which she had resigned : To be
held of the granter and his heirs for service in foreign parts : which charter was dated at
Bothwell, 6th May 1399. Done at CassiUis, in Carrick, 4th September 1401,  137
19. Letters of Confirmation by James Stewart, Lord of Kilbride, ofthe gift, by Sir John Maxwell,
¦ Lord of Nether Pollok, to his son Robert, cousin of the granter, of the lands of Calderwood, in
the barony of Kilbride, and shire of Clydesdale, with all the privileges and pertinents thereof,
as described in the charter made to the said Robert by the said Sir John his father : saving
to the granter the service due and wont. Dunbarton, 21st October 1400,  138
20. Indenture between Sir John Maxwell, Knight, Lord of Nether Pollok, and Robert Maxwell, his
second son, on the one part, and Sir John Maxwell, Knight, his eldest son, on the other part,
whereby the former bind themselves to resign in the overlaird's hands the ten merks' worth
of land called Murraf and the Hedhouse, in the barony of Kilbride, and shire of Lanark,

382 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1400-5., Page
that the latter might be seised therein : Also Sir John, the father, binds himself to give sasine
to Sir John his son, and his heirs, of the fee of the lands of Castlebar, Mathewbar, and Dyke-
bar, in the barony of Renfrew, and to obtain for him or them the King's confirmation thereof ;
and farther binds himself not to alienate or wadsett any of the lands of Pollok, Murraf, Hed
house, or Carnwederick, which belonged to Sir John, his son, in fee and heritage : and the
said Robert takes upon himself the charges of warrandice of all lands received by him from his
said father, and quitclaims the said Sir John, his brother, thereof for ever : and the latter
quitclaims all right to the lands ofthe Dripps, Jackton, and Allerton, Newland, Calderwood, and
Greenhill, etc., granted by his father to the said Robert ; saving the ten merks' worth of land
called Murraf and Hedhouse, Pollok and Carnwederick, and saving the succession of line, failing
the said Robert or his heirs. Sealed interchangeably at Dunbarton, 18th December 1400, ... 139
21. Charter by Alexander Tayte, Lord of Bardre, to Robert, son of John Maxwell, Knight, Lord of
Nether Pollok, for his counsel, aid, and good deserts, of the lands of Bardre, in the shire of
Strathearn : To be held for payment of 12 silver pennies Scots yearly, at the principal
place of Bardre, in name of blench farm, if asked only. Ayr, 1st February 1400,  142
22. Charter by John Maxwell, Knight, Lord of Pollok, to Robert Maxwell, his son, of the lands of
Calderwood, in the barony of Kilbride, and shire of Lanark : To be held of the Lord of
Kilbride and his heirs, for payment of six silver pennies yearly, at Whitsunday, in the parish
church of Kilbride, in name of blench farm, if asked- only, for wards, marriages, reliefs, suits
of court, and all other services or demands for the said lands. Pollok, 4th May 1401,  143
23. Charter by John Maxwell, Lord of Nether Pollok, to Robert Maxwell, his son, of the lands of
Little Aikinhead, with the pertinents, lying in the shire of Lanark : To be held for rendering
to the lord superior thereof the service due and wont. [c. 1401],  144
24. Indenture between Sir Duncan, Earl of Levynnax, on the one part, and Sir Robert Maxwell of
Calderwood, and Sir William Cunningham of Kilmaurs, with consent of their spouses, daugh
ters of the deceased Sir Robert Danielston, on the other part, whereby the Earl binds him
self to " charter and confirm" Sir Robert and Sir William, and their spouses, in the lands of
Auchincloch, which formerly belonged to John Auchincloch ; also, the said Sir Robert and Sir
William, with consent of their spouses, bind themselves to let to the Earl during his lifetime,
all their lands of Errachy More, InchecaUach, Achawle, and Inchefad, with all other isles
thereto belonging within Lochlomond at the making of this indenture, for 12 silver pennies
yearly, to be paid as mail at Whitsunday and Martinmas, if asked, at the kirk of Inchecal-
lach ; with the patronage thereof as often as it should happen to be vacant during the said
Earl's lifetime : also, the Earl becomes bound neither to give, sell, nor wadset the woods of
the foresaid isles without consent of the foresaid parties, but only to employ them for his own
proper use ; and Sir Robert and Sir William are to have their own woods for their own proper
use, in like manner : and the latter parties, with consent of their spouses, give up to the
said Earl, and his heirs, all wards, marriages, and reliefs, for which the late Walter Awlasoun
the Earl's father, was bound to Sir Robert Danielston and his heirs. Sealed interchangeably
at Balloch, 18th October 1405, 

145

25. Notarial Instrument relative to the partition, by John Semple of EUiotston, sheriff of Renfrew

141 3-1 6. J ABSTRACT OF CHARTERS AND FAMILY PAPERS. 383 Page
and an inquest of fifteen persons, of the lands of HullersheadhUl, between John Stewart, Lord
of Darnley, and Sir John Ross of Hawkhead, whereby twelve cows' grass were assigned to
the latter — as much as was possessed by John Whiteford in HiUfield, and John Fleming in
the Allers : and he was likewise to have a road to the moss, and, after the leading of his
peats, to make a gate, or cause repair his own trench. Done at Hullersheadhill, 14th De
cember 1413. From a copy of the original at Hawkhead,  146
26. Indenture between James Stewart, Lord of Kilbride, and Sir Robert Maxwell of Calderwood,
for the marriage of George Stewart, son and heir of the former, and Marion Maxwell, daughter
of the latter, by his first marriage ; whereby the said James binds himself to infeft George
and Marion, and their heirs in his barony of Kilbride ; under entail, failing the heirs of
the said parties, to the eldest of the said James' sons who should happen to be heir,
and a daughter of the said Robert, who should enter in the said barony as heirs of the
said George and Marion, and be married in like manner ; and failing the sons of the said
James, to his eldest daughter, and a son of the said Robert, they to enter as heirs in the
said barony by virtue of the said entail ; and so on, while the said James and Robert have
sons and daughters. And the said Robert binds himself to pay to the said James £10 Scots
yearly, during his life, for Philpshill, for his part of Boysfield and Over Calderwood, and all
the mail of aU the lands falling in ward in the said barony, and aU the reliefs and half
escheats of courts thereof happening to be paid to the said James ; and he binds himself like
wise to pay the half of the said mails and reliefs, etc., to Isabel, wife ofthe said James, during
her life, after her husband's death ; and to use his endeavours to recover the lordship of
Elamton, and in the event of succeeding, to cause the said James and Isabel to be jointly
infeft in the franktenement thereof, and the children (George and Marion, etc.), in fee. And
failing the recovery of the said lands by Robert, the said children being espoused, he binds
himselfto pay to the said James and his heirs, for the said marriage, £100 at "Whitsunday
and Martinmas foUowing the completion thereof. Sealed interchangeably at Lanark, 7th
April 1416,  148
27. Charter by Archibald Earl of Douglas to Sir Robert MaxweU of Calderwood, Knight, of the
lands of Nether Calderwood, in the barony of Kilbride, and shire of Lanark : To be held
as freely as the granter or his predecessors held the same. Edinburgh, 31st May 1416,  150
28. Testament of Sir Eobert Maxwell, Knight, (made by Robert Maupoint, M.A., of Paris, residing
at Chinon, and proved by him before the vicar official there,) wherein he leaves his soul to
Almighty God, the most blessed Virgin Mary, and the whole court of heaven, and his body to
be buried in the church of the Minorite Friars, in the city of Angers ; ordains that his testa
ment made in Scotland should stand in fuU force ; and that all the debts due by him in
France, to his chaplains, servants, and others, should be paid ; grants to the Minorite Friars
» for his interment and for their prayers, 34 crowns of gold : to other chaplains for celebrating
masses for his soul, 20 nobles ; for one mass to be performed in the church of Angers by one
monk, for a year, counting from the day of his death, bread, wine, and 10 crowns of gold ; for
charity, masses, and to the religious mendicants of Angers for conducting his funeral, 30 gold
nobles ; for erecting a tomb in the manner devised by himself and his executors in the church
of Angers, 50 gold nobles ; to his wife, some silver plate, etc., which he had at Chinon, and,
should she come to France, his hackney and various effects, which were otherwise to be sold.

384 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1421-30. Page
He bequeaths, likewise, legacies to his eldest son, his sister, and other relatives and dependants.
The testament is dated, Chinon, 7th September 1420, and confirmed there 23d April 1421, 151
29. Confirmation by King James I., of a charter, dated Edinburgh, 28th October 1420, by Mur
doch Duke of Albany, Governor of Scotland, to Herbert MaxweU of Carlaverock, of the lands
of Carnsalloch and Dursqwen, with the mill thereof, in the barony of Dalswinton and shire of
Dumfries ; which lands belonged to Mary Stuart of Dalswinton, and were resigned by her in
the granter's hands : To be held by the said Herbert Maxwell and his heirs of the King and
his heirs as freely as the said Mary Stuart or her predecessors had held the same, for render
ing to the King and his heirs the services due and wont. 4th May 1426. Reg. Mag. Sig.
Lib. 2, No. 49,  155
30. Confirmation by King James I. to Robert MaxweU, son and heir of Sir Herbert Maxwell,
Knight, Lord of Carlaverock, and Janet, daughter of John Forrester, Lord of Corstorphine.
of a charter to them (dated Edinburgh, 13th January 1424), by Thomas Somerville, Lord of
Carnwath, of the lands of Liberton, in the barony of Carnwath and shire of Lanark ; which
belonged to the said Sir Herbert, and were resigned by him in the granter's hands : To be
held by tho said Robert and Janet, and their lawful heirs male ; whom failing, by the said Sir
Herbert, and his lawful heirs-male ; whom failing, by his brother Aymer Maxwell, and his
heirs-male, (and in the event of Robert dying before the completion of his marriage with
Janet, the lands to revert to the said Sir Herbert, and his heirs foresaid, upon payment to the
said John Forrester, his heirs or assignees, of the sum in an indenture between him and the
said Sir Herbert,) of the said Thomas and his heirs, for the service used and wont. Edin
burgh, 4th February 1424. Ibid, Lib. 2, No. 3,  157
31 . Charter by Alan Stewart, Lord of Darnley, to Robert DalzeU of Lebracanrig, of the lands of
Brownside, with the pertinents, lying in the barony of Strathaven, and shire of Lanark : To
be held of the granter and his heirs, by the said Robert and his heirs, for three suits of court
at the three head pleas to be held at Elamton. Cruickston, 5th December 1429,  159
32. Precept of Sasine by Alan Stewart, Lord of Darnley, for infefting Robert DalzeU of the Bra-
canrig, in the lands of Brownside, lying in the barony of Strathaven, and shire of Lanark.
Cruickston, 10th December 1429,  160
33. Notarial Instrument upon the ratification by Catherine Seton, lady of Darnley, of the charter
by Alan Stewart, Lord of Darnley, her spouse, to Eobert DalzeU, of the lands of Brownside,
lying in the barony of Strathaven, and shire of Lanark : For which ratification the said Eobert
is bound to give to the said lady of Darnley advice and assistance in all matters affecting her,
and to assist her against all men, the King and the feuars of the said Eobert alone excepted.
Done at the Castle of Cruickston, 27th August 1430,  Igl
34. Obligation by Alan Stewart, Lord of Darnley, to Eobert DalzeU of Breakenrig, that if either
the former, his heirs, or Catherine Seton, his spouse, or any in their names, should advance a
claim to, or disturb the latter in the possession of the lands of Brownside and Eyeland-
side, lying in the barony of Strathaven and shire of Lanark, they should be bound to give
him or his heirs as much and as good land of the lands of Galston, with as free charter, sasine,

1433-52.] ABSTRACT OF CHARTERS AND FAMILY PAPERS. 385 Page
and possession as he was infeft in the said lands of Brownside and Ryelandside ; the charters
and infeftments of the latter lands to be, notwithstanding, of the same force and virtue as
they were before that claim was made. Cruickston, 2d February 1433  162
35. Precept under the Great Seal by King James II. to the sheriff of Lanark and his bailies, to
give effect to the decree of the Lords Auditors of Parliament for the reduction of the tack
granted by John Maxwell of Calderwood to Thomas Maxwell of Pollok, of the lands of Aikin
head, recalUng the royal letters upon the said tack, and decerning the ward of the lands to
remain with the said John Maxwell. Edinburgh, 3d June 1441,  163
36. Obligation by John Forrester of Corstorphine to Sir John Maxwell of Calderwood, to deUver up
to the latter, or his heirs or assignees, the annualrent of £20 from the lands of Blackburn,
Mauldslie, and Finlaston, with the charter made thereupon, on payment by the said Sir John,
or his heirs or assignees, to him, his heirs or assignees, upon the high altar of the coUege kirk
of Corstorphine, of the sum of 500 merks. Corstorphine, 8th January 1443,  165
37. Instrument of Eesignation by John Maxwell, son and heir of the deceased William Maxwell of
Aikinhead, in the hands of Sir John Maxwell of Calderwood, of an annualrent of £5 from the
lands of Mauldslie, in the shire of Lanark. Blantyre, 1st August 1446,  166
38. Instrument of Sasine by Eobert Boyd, Lord of Kilmarnock, and Baron of the barony of Dairy,
superior of the lands of Byesholm, in favour of John Boyle of Wamphray, of the lands of
Ryesholm. Ryesholm, 11th October 1446,  166
39. Licence under the Great Seal of King James II,, authorizing Herbert Lord MaxweU and his
heirs to build a tower or fortaUce on his lands lying in the barony of the Mearns and shire
of Renfrew, and to fortify it with walls and ditches, iron gates, and warlike apparatus. Edin
burgh, 15th March 1449. Original among Mearns Charters at Ardgowan,  167
40. Liferent Tack under the Privy Seal by King James II. to his " loved familiar squire," Walter
Stewart of Arthurlie, of the lands of Perthwic, in the barony of Eenfrew and sheriffdom
thereof : To be held of the King and his heirs by the said Walter and his subtenants for pay
ment yearly, during his Ufe, of £10 in name of maU. Edinburgh, 22d November 1451,  168
41. Notarial Transumpt, dated Edinburgh, 30th May 1494, of an Indenture made between Sir
Herbert, Lord Maxwell, on the one part, and Sir John MaxweU of Pollok on the other part,
whereby the former binds himself to give to the latter, or his lawful attorney, heritable state
and possession of the lands of Nether PoUok, to be held in chief of himself after the tenor of
the old charter thereof : For which lands the said Sir John Maxwell binds himself and his heirs
to pay to the said Lord MaxweU, and his heirs or assignees, half a mark of annual, if asked,
and to be man to his Lordship and to his son Eobert against aU men, the King only excepted,
for two years foUowing his entry to the same, etc. Carlaverock, 6th February 1452,  169
42. Discharge by John Stewart, Lord of Darnley, to Hugh Campbell, brother-german to Sir George
CampbeU of Loudoun, Knight, Sheriff of Ayr, and to Catherine Blair his spouse, of all right
VOL. I. 3 C

386 ABSTRACT OP CHARTERS AND FAMILY PAPERS. [1452-68. Page
to the lands of Brownside, in the lordship of Elamton, barony of Strathaven, and shire of
Lanark; reserving the superiority. Edinburgh, 24th March 1452,  172
43. Salification by John Stewart, Lord of Darnley, of the disposition by John DalzeU of Breaken-
rig to Hugh Campbell, brother to Sir George Campbell of Loudoun, Sheriff of Ayr, and to
Catherine Blair his spouse ; and also of the Confirmation by his mother, Dame Catherine
Seton, to the said Hugh Campbell and Catherine Blair, of the gift of the lands of Brownside
made to them by the said John DalzeU ; reserving his superiority : the said Hugh and
Catherine rendering for the said lands the service due and wont. Edinburgh, 26th March
1453,  173
44. Instrument of Sasine, proceeding upon a brieve from the Chancery of James II. , directed to the
Sheriff of Eenfrew and his bailies, for infefting Eobert Lord Maxwell, as heir of the late Her
bert Lord Maxwell, his father, in the lands of Mearns and Nether Pollok, which were held
in chief of the King as Steward of Scotland : taking security for two red roses as the dupli
cation of the blench farm of the lands of Mearns, and for £20 of relief of the lands of Nether
Pollok. Done at the places of Mearns and Nether Pollok, 28th May 1454,  175
45. Charter by John Maxwell of Calderwood, Knight, to his eldest son John, for his advice and
assistance, of all and whole the lands of Park and of Kincadzowlaw, with a merk's worth of
the land of the Law, in the barony of Mauldslie and shire of Lanark : To be held by the
said John, and Marion Boyd his spouse, and their heirs-male ; whom failing, by the granter's
heirs whomsoever, as well of line as of entail, in conjunct fee and in feu and heritage for
ever, for a common suit at the granter's courts to be held yearly in the said barony, with
wards and reliefs when they occurred. Calderwood, 20th July 1454. From a Transumpt in
1489. Vide No. 62 infra,  176
46. Instrument of Sasine given by Eobert Lord Maxwell in favour of Lady Catherine Seton, Lady
of Darnley, of 20 merks' worth of old extent of the lands of Hazeldean, in the lordship of
Mearns and barony of Eenfrew. Done upon the lands of Hazeldean, 9th July 1456,  177
47. Commission by Pope Pius II. to the Abbot of Kilwinning and the Provost of the church
of Bothwell, to confirm to Patrick Culquhoun of Glyn a feu-charter by William Bishop of
Glasgow, with consent of his Dean and Chapter, to William Turnbull, Canon of Glasgow, of
a portion of the land of the Stabilgrenne : To be held of the Bishops of Glasgow in feu
and heritage, for payment of ten shillings of annualrent, and tenpence for burgage farm of
the city of Glasgow. Given at Viterbo, 22d May 1462,  179
48. Instrument of Eesignation by Catherine Seton, Lady of Darnley and MaxweU, with consent of
George MaxweU, her eldest son by the deceased Herbert Lord Maxwell, in the hands of
Eobert Lord Maxwell, son and heir of the said Herbert Lord Maxwell, superior of the lands
and lordship of Mearns, of the lands of Hazeldean, Tytonte, Hundby, Little Shaw, WhitehiU,
Shawhill, and 20 shiUings' worth of the lands of old extent of Kirkhill. Done in the choir of
the church of the preaching friars of Glasgow, 19th July 1468,  181
49. Instrument of Sasine in favour of James Campbell of Breakenrig, of the lands of Brownside

1470-86.] ABSTRACT OF CHARTERS AND FAMILY PAPERS. 387
v . PaSe
lying in the barony of Strathaven and shire of Lanark ; which sasine was given by Alexander
Stewart of Galston, bailie of John Lord Darnley, superior of the said lands. Brownside, 5th
May 1470,  183
50. Notarial Transumpt (dated 8th July 1476) of a Letter of Obligation by John Lord Darnley to
counsel, help, and take part with John Maxwell of Nether Pollok, and be good lord to him
in all his quarrels against all other parties, his allegiance to the King only excepted, and also
to grant to the latter a liferent tack of the lands of Glanderston. Darnley, 20th November 1471, 184
51. Instrument of Eesignation by Aymer MaxweU in the hands of Eobert Lord Maxwell, his father,
of the lands of Hazeldean. Done in the parish church of Dumfries, 23d September 1473, ... 185
52. Bond of Eeversion by George Maxwell of Carnsalloch, and Agnes his spouse, to John Earl of
Levenax and Lord Darnley, of eight merks' worth of land of old extent of the west part of
Henryston, lying in the shire of Eenfrew, upon payment by the latter, his heirs or assignees,
on Midsummer day, in the church of the preaching friars at Glasgow, of the sum of 100
merks. Glasgow, 3d October 1477,  186
53. Charter of Confirmation by John Lord Maxwell and of Mearns, of a Charter by Sir John Max
well of Calderwood, Knight, to Gavin MaxweU, his son and apparent heir, of the lands of the
Dripps, in the barony of Kilbrideshire and county of Lanark : To be held of Lord Maxwell and
Mearns in feu and heritage, for rendering yearly to the lord of Kilbrideshire and his succes
sors the services due and wont, and also rendering to the said Lord Maxwell the services due
and wont ; the granter reserving tho frank-tenement of the said lands to himself during his
life, and a reasonable terce to Marion Boyd, his spouse, after his death. The Charter and
Confirmation dated at Edinburgh, on 6th and 8th April 1481. From a Transumpt in 1489.
Fitfe No. 62, infra,  188
54. Instrument of Sasine, on a precept by Sir John Maxwell of Calderwood, Knight, to George Max
well of Carnsalloch and others, his bailies, for infefting Gavin Maxwell, his son and apparent
heir, in the lands of the Dripps, in the barony of Kilbrideshire and county of Lanark ; which
precept was dated at Edinburgh, 9th April 1481. Done on the ground of the said lands,
26th April 1481,  189
55. Instrument of Sasine in virtue of a precept from the Chancery of King James III., directed to
the Sheriff of Eenfrew and his bailies, for infefting John Lord Maxwell in the superiority of
the lands of Nether Pollok, lying in the barony of Eenfrew and shire thereof ; of which supe
riority his grandfather, Eobert Lord Maxwell, had died seised, and which was held in chief
of the King's eldest son, James Duke of Eothsay, Earl of Carrick and Steward of Scotland.
The precept directs that security be taken for £20 for one term during which the superiority
was in the hands of the Steward, and also for £40 of relief due to the King as tutor to the
Steward. Done on the ground ofthe said lands, 10th May 1486,  191
56. Charter by Sir John Maxwell of Calderwood, Knight, to Gavin Maxwell, his eldest son, of the
lands of Jackton, Allerton, Newlands, and Greenhills, in the barony of Kilbride and shire of
Lanark, and of Meikle Blackburn, in the barony of Bathgate and shire of Eenfrew : To be

388 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1486-93. Page
held by the said Gavin from the granter of the Steward of Scotland in feu and heritage for
ever, for rendering to the Steward, the granters superior of the said lands, the service due
and wont ; the granter reserving to himself the frank-tenement of all the said lands during his
lifetime, and a reasonable terce thereof to his wife. PolkeUy, 14th February 1486. From a
Transumpt in 1489. Vide No. 62, infra,  192
57. Precept of Sasine, directed by John MaxweU of Calderwood, Knight, to William Mure of Lyn-
flaire and others, his bailies, for infefting Gavin MaxweU, his eldest son, in the lands of
Jackton, AUerton, Newlands, and Greenhills, lying in the barony of Kilbride and shire of
Lanark. PolkeUy, 14th February 1486. Ibid.,  194
58. Instrument of Sasine, proceeding upon the foregoing precept, in favour of Gavin MaxweU, of
the lands of Jackton, Allerton, Newlands, and Greenhills. Done at the respective principal
messuages of the said lands, 29th May 1487. Ibid.,  195
59. Charter by Sir John Maxwell of Calderwood, Knight, to Gavin Maxwell, his eldest son, of the
lands of Mauldslie, in the barony of that Hk and shire of Lanark : To be held of the granter
by the said Gavin and his heirs-male whomsoever ; whom failing, by the granter's lawful heirs-
male whomsoever ; whom also faiUng, by the true and lawful heirs whomsoever of the said
Gavin, in feu and heritage for ever, for payment of one penny yearly at Whitsunday, in name
of blench farm, if asked only : and reserving to the granter the liferent, and a reasonable
terce to his wife ; reserving also the hillock of Blauldslie, and five shillings' worth of land
around it, for the services due and wont to be rendered to the King and his successors.
PolkeUy, 14th February 1486. Ibid.,  196
60. Precept of Sasine, by Sir John Maxwell of Calderwood, Knight, to William Mure of Lynflare
and others, his bailies, for infefting Gavin Maxwell, his son, in the lands of Mauldslie, in the
barony of that Hk and shire of Lanark. PolkeUy, 14th February 1486. Ibid,  198
61. Instrument of Sasine (proceeding upon the foregoing precept) in favour of the said Gavin Max
weU, of the lands commonly caUed Mauldslie, in the barony of that Hk and shire of Lanark.
Done at the principal messuage of the said lands, 26th February 1486. Ibid.,  198
62. Notarial Transumpt (dated 19th February 1489) of nine Maxwell Charters, etc. granted to the
Maxwells of Pollok, and by the MaxweUs of Calderwood, viz. : — Nos. 10, 45, 53, 56, to 61,
supra,  200
63. Precept of Sasine, directed by John and Mathew Stewart, liferenter and fiar of the earldom of
Lennox and Darnley, to John Maxwell of Pollok and others, his bailies, for infefting Sir John
Montgomery of Heighthead, Knight, in the lands of Pottarton and Diconsbank, lying in
the lordship of Darnley and shire of Eenfrew. Cruickston, 1 5th April 1493  201
64. Charter by John Earl of Lennox, and Mathew Stewart, fiar thereof, to Sir John Mont
gomery of Heighthead, Knight, of the lands of Pottarton and Diconsbank, lying in the lord
ship of Darnley and shire of Eenfrew, for the sum of £100 : To be held in feu and heritage

1493-95.] ABSTRACT OF CHARTERS AND FAMILY PAPERS. 389 Page
for ever, for payment of a penny Scots upon the ground of the said lands at Whitsunday, in
name of blench farm, if asked only. Paisley, 16th April 1493,  ,  202
65. Obligation by John Earl of Lennox, and Mathew Stewart his son, to maintain Sir John Mont
gomery of Heighthead, and his heirs, in the lands of Pottarton and Diconsbank ; and, in the
event of the said Earl or his heirs redeeming them, to give Sir John a seven years' tack
thereof, from the date of redemption, for payment yearly of b\ merks, and 16 pennies of
penny mail, and 3 J bolls and 3 pecks of bear. Paisley, 16th April 1493,  203
66. Instrument of Sasine given by James Hamilton, younger of Shawfield, Sheriff-depute of Lanark,
to Eobert MaxweU, son of the deceased Gavin Maxwell, Knight, of the lands of Mauldslie.
Done on the ground of the said lands, 8th July 1493,  205
67. Notarial Instrument of Cassation upon the annulling by John Lord Maxwell, superior of the
lands of Nether Pollok, of the Sasine given by him, in virtue of a precept by King James IV..
of the lands of Nether PoUok to John Maxwell, on the ground of irregularity in the direction
and serving of the brieve by the Sheriff, and also in the deliverance of the assize ; in token
of which Cassation Lord MaxweU broke a wooden platter on the lands and also at the princi
pal mansion, according to the practice in the like cases. Dated 14th May 1494,  206
68. Instrument of Sasine given by John Maxwell, Lord of Nether Pollok, to his eldest son, John
Maxwell, and Margaret Blair his spouse, of the four merks' worth of land lying on the
south of the town of Nether Pollok, and the five merks' worth of land called Dykebar, Castle-
bar, Mathewbar, and Common, within the lordship of Nether Pollok, barony of Eenfrew and
shire thereof. Done on the ground of the said lands, 6th October 1494,  208
69. Notarial Instrument upon the agreement between John Lord MaxweU and John Maxwell of
PoUok, concerning the tenure of the lands of Nether Pollok : wherein the latter declared that
he and his heirs held the said lands of the former and his heirs in ward and relief for ever ;
and the former remitted, to the latter and his next heir only, all rights and burdens belonging
to him by reason of ward and relief from the entry of the said John and his heir foresaid :
also the said John promised to bear, on behalf of Lord Maxwell, all the burdens and services
incumbent on him by reason of ward and relief, in the courts of Eenfrewshire ; and to pay,
at the pleasure of Lord MaxweU, half a merk of annualrent of the said lands alleged to be
due to the latter. Done in the parish church of Mearns, 20th April 1495,  209
70. Instrument of Resignation by John Earl of Lennox, Lord Darnley, in the hands of King
James IV., as Steward of Scotland, of the west half of the lands of Henryston, lying within
the shire of Renfrew. Done in the metropolitan church of Glasgow, 8th July 1495,  210
71. Charter by John Lord MaxweU to John Maxwell of Pollok, of the lands of Nether Pollok,
in the shire of Renfrew, for his service done to his Lordship's predecessors ; which lands
belonged to the- said John hereditarily, and had been resigned by him in his Lordship's hands
as superior : To be held in feu and heritage, for payment of half a merk of annualrent at
Whitsunday yearly, if asked ; with the ward and reUef of the said lands when they occurred,
and a common suit in the court of the shire of Renfrew. Edinburgh, 3d November 1495, ... 211

390 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1495-1500. Page
72. Precept of Sasine, by John Lord Maxwell to Robert Maxwell, his brother-german, Charles
Pollok of that Hk, and others, his bailies, for infefting John Maxwell of PoUok in the lands
of Nether PoUok, in the shire of Renfrew, which had been resigned by the latter in his Lord
ship's hands as superior thereof. Edinburgh, 4th November 1495,  213
73. Instrument of Sasine (in virtue ofthe foregoing precept) given by Charles PoUok of that Hk to
John MaxweU of Pollok, of the lands of Nether Pollok. Done at the messuage of the manor
of Nether PoUok, 6th November 1495,  214
74. Grant by John Lord Maxwell to John MaxweU of Pollok, and his heir next succeeding him, of
the ward and relief of Nether Pollok, in the shire of Renfrew, which were held of his Lord
ship by the service of ward and relief. Edinburgh, 4th November 1495,  215
75. Notarial Instrument on the delivery by John Lord Maxwell to John Maxwell of Nether Pollok,
of a grant made by the former to the latter, and to his next heir, of the ward and relief of
the lands of Nether Pollok. Edinburgh, 3d November 1495,  216
76. Deed of Consent by Mathew Earl of Lennox to the alienation, by John Whiteford of HiUfield, of
the lands of HiUfield, lying in the barony of Renfrew and lordship of Darnley, to AUan Park
of Bagaraw ; declaring that the selling or alienation thereof should not prejudice the said John
or Allan at the hand of the Earl or his heirs, they paying the duties and performing the ser
vice used and wont. Glasgow, 9th November 1495  217
77. Retour of the Service of Eobert Maxwell, as heir of the late Gavin Maxwell of Calderwood,
Knight, in the lands of Craigton and Thombow, in the earldom of Lennox and shire of Dun
barton ; which were then valued at 20 merks yearly, and in time of peace at £10, and were
held in chief of Mathew Stewart Earl of Lennox, for the service of ward andrelief, and half
of a common suit in the courts of the said Earl, and had been in the Earl's hands, as superior,
for six years and seven months, since the death of the said Gavin. Dunbarton, 16th January
1497,  218
78. Precept by Mathew Earl of Lennox, Lord Darnley and of HiUfield, to Mathew Stewart and
others, his bailies, for infefting John Whiteford, second son of John Whiteford of that Ilk,
and Giles Park his spouse, and the longest liver of them, in the lands of HiUfield, lying in
the lordship of Darnley and shire of Renfrew. Place of Darnley, 20th October 1499,  219
79. Remission by King James IV. to John Maxwell, son and heir-apparent of John Maxwell of
Pollok, Hugh Maxwell, brother-german to the Laird of Pollok, and John MaxweU, for pre
meditated felonies done to John Constable and Hector Mure, son of the Laird of Cald
well, within the town of Renfrew, and for all crimes, actions, and offences committed by them
upon the Laird of CaldweU and his servants in times past. Renfrew, 21st January 1500,... 219
80. Letters by King James IV., confirming a wadset by John Maxwell of Pollok to John Lord
Semple of Elliotston and his heirs, of the west half of the lands of Henryston, extending to
£5 of old extent, in the barony of Renfrew and shire thereof, to be held of the King heritably,
but under reversion ; and promising for himself and his successors, that when the terms of

1503-1512.] ABSTRACT OF CHARTERS AND FAMILY PAPERS. 391 Page
the reversion should be fulfilled, the said John Maxwell and his heirs should have full regress
to the said lands. Given under the privy seal, at Edinburgh, 3d August 1503,  220
81. Obligation by John Lord Semple to John Maxwell of PoUok not to uplift an annualrent of 5
chalders and 8 bolls of victual, being 1 chalder of bere and 4 chalders and 8 bolls of meal,
granted to him from the lands of Nether PoUok, in the barony and shire of Renfrew, in
special warrandice of the lands of Wester Henderston, so long as he or his heirs were allowed
to continue in the peaceable possession of the said lands. Edinburgh, 5th August 1503, ... 221
82. Reversion by John Stewart of Ardgowan of the 20 shilling land, called the Park of Nether
Pollok, in the barony and shire of Renfrew, to John MaxweU of Pollok, upon payment, on
the altar of the kirk of Paisley, ofthe sum of 80 merks. BlackhaU, 18th May 1504,  223
83. Tack by Robert [Blackadder], Archbishop of Glasgow, to Sir John Maxwell of Pollok, of the
four merk land of Govan Shiels, in the barony of Glasgow, for five years, from Whitsunday
1505, for payment of such mails, &c, &c, as he had paid in times past. Dumfries, 28th
August 1504,  225
84. Gift by Mathew second Earl of Lennox to Mr. David Hamilton, parson of Castlestairs, of the
ward and nonentry of the lands of Brownside of old extent, lying in the barony of Avondale
and shire of Lanark, which were in the granter's hands, as superior thereof, through the
decease of the late Hew Campbell of Brownside, and which were held of the Earl by the
service of ward and relief; together with the marriage of James Campbell, son and heir of
the said deceased Hew : To be held for payment of 80 merks for the said ward, and 120
merks for the said marriage. Edinburgh, 1 7th February 1 506,  226
85. Ratification by King James IV., under the Great Seal, dated 4th March 1506, of a decree by
the Lords of Council in favour of John Lord Maxwell, for loosing the recognition of the lands
of Mearns and Nether Pollok ; because their Lordships understood that the least part only of
the Mearns was analzied, and had seen charters and evidents bearing that the lands of Nether
Pollok were held by Lord Maxwell himself. Edinburgh, 11th December 1506,  227
86. Discharge by John Lord Maxwell to Robert Maxwell, vicar of Erskine, and John MaxweU
of Aikinhead, for the sum of 300 merks due by them for the ward of the lands of Nether
Pollok. Edinburgh, 14th November 1509,  228
87. Charter of Confirmation by Mathew Earl of Lennox, Lord Darnley, to John Whiteford of HiU
field and Giles Park his spouse, in conjunct fee, of the lands of HiUfield, in the lordship of
Darnley and shire of Renfrew ; which belonged to the said John hereditarily, and were held
as a tenandry of the lordship of Darnley before the Earl's new infeftment therein : To be
held in feu and heritage, for payment of ward and relief when they occurred, and for three
suits at the three head pleas of the granter's court of Darnley. Dunbarton, 21st July 1512, 2ii9
88. Precept of Clare Constat by John Earl of Lennox, Lord Darnley, to Thomas Ralston and
others, his bailies, for infefting Hugh Montgomery, as heir of Sir John Montgomery of Heslat,
Knight, his father, in the lands of Pottarton and Diconsbank, in the lordship of Darnley and

392 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1513-18. Page
shire of Eenfrew ; which lands were held in chief of the Earl, as superior thereof, and were
then in his hands through the death of Sir John. Cruickston, 28th October 1513,  231
89. Instrument of Sasine (proceeding upon a precept from the chancery of King James IV.) in favour
of Eobert Lord Maxwell, as heir of his father, John Lord Maxwell, of the lands of
Nether Pollok and Mearns, with the exception of 25 merks' worth of the latter, in which
James Archbishop of Glasgow was infeft ; which lands of Mearns were held in chief of the
King, and the lands of Nether Pollok of the Steward of Scotland : Taking security for £40
for the relief of the lands of Mearns, and £80 for the relief of the lands of Nether Pollok, due
to the King, and reserving the farms of the foresaid lands from the term of Martinmas pre
ceding to the said Robert. Done on the ground of the said lands, 9th February 1513,  232
90. Grant by Jame's [Beaton] Archbishop of Glasgow, to Robert Maxwell, vicar of Tarbolton
[afterwards Bishop of Orkney], of the rental of the four merk land of Govan Haggs and
Shiels, to be "braked" by him after the decease of his mother, who had the rental of them
from his Grace, for payment of four merks of meal yearly ; the duties of the granters mill in
Partick, extending yearly to three bolls three firlots of malt, and seven bolls three firlots of
meal for the multure of the said four merk land ; and £50 Scots in ready money at the
making ofthe grant. Edinburgh, 8th December 1515,  233
91. Retour of the Service of Robert MaxweU, as heir to Eobert MaxweU of Calderwood, his father,
in the lands of Jackton, Allerton, Newlands, Greenhills, and Tates Thornton, in the barony
of Kilbride and shire of Lanark ; which were then valued at 50 merks, and of old extent at
35 merks, and as much in time of peace, and were held in chief of the King as Steward of
Scotland, by the service of ward and relief, and for rendering a common suit at the court of
the Sheriff of Lanark ; and had been in the King's hands, by reason of ward, for eight years
or thereby, since the death of the said Robert Maxwell of Calderwood. Eutherglen, 15th May
1518,  234
92. Precept by John Earl of Lennox, Lord Darnley, to Constantine Maxwell and others, his bailies,
for infefting John Maxwell of Stanley and Agnes Lyle his spouse, in conjunct fee, and then-
heirs, in the lands of HiUfield, extending to a forty shiUing land of old extent, in the lordship
of Darnley and barony of Eenfrew, and formerly belonging to Robert Whiteford, and were
resigned in the Earl's hands as superior. Glasgow, 11th September 1518,  235
93. Charter by John Earl of Lennox, Lord Darnley, to George Maxwell, son. of the late John
MaxweU of Nether Pollok, of the lands of Arden, extending to ten merks' worth of land
of old extent, in the lordship of Darnley and shire of Renfrew, in warrandice of the £3
lands of Cowglen and the 20 shilling lands of Little Cowglen, sold by the Barl to George :
To be held in feu and heritage, for payment of a penny Scots, in name of blench farm, upon
the ground of the said lands at Whitsunday, if asked only. Glasgow, 24th September 1518, 236
94. Notarial Instrument on the Gift by Mr. Robert MaxweU, rector of Tarbolton and canon of
Glasgow, to John Maxwell, a minor, and Elizabeth Houston his spouse, for the service done
and to be done by him to the grantor, of the ward of five pounds' worth of the lands of Nether
PoUok, with the garden, tower, and other houses built on that side of the river Cart ; their

1518-21.] ABSTRACT OF CHARTERS AND FAMILY PAPERS.
entry thereto to be at Martinmas foUowing, and to continue till the said John attained his
majority ; the said Elizabeth to have only her terce thereof, in case of her husband's death
•during the currency of the ward. Done in the metropolitan church of Glasgow 30th
October 1518, 

393 Page 237

95. Notarial Instrument upon the Renunciation by John Earl of Lennox, Lord Darnley, of his
right to redeem the lands of Meikle and Little Cowglen from George Maxwell, son of the late
John Maxwell of Pollok, in terms of the reversion by the said George ; which reversion, in
consideration of a certain sum of money paid to him by the said George, the Earl declared to
be null and of no effect. Done in the lodging of Eobert Maxwell canon of Glasgow, 29th June
1519,  239
96. Letter of Eeversion by John Weir, son and apparent heir of John Weir of Weichschaw, and
Margaret Carlile his spouse, to John Maxwell of Nether Pollok, of the easter quarter of the
Shaws, lying in the barony of Renfrew and shire thereof, extending to a 20 shiUing land of
old extent, upon payment to them or their heirs, after forty days' warning, of the sum of
100 merks Scots on the parish altar of Glasgow. 23d December 1519,  240
97. Charter by John Earl of Lennox, Lord Darnley, to John Maxwell of Easter Stanley and Agnes
Lyle his spouse, of the lands of HiUfield, extending to 40 shillings' worth of land in the lord
ship of Darnley and shire of Renfrew, which belonged to Robert Whiteford, and were resigned
by him in the granter's hands as superior : To be held by the foresaid John and Agnes in
conjunct fee, and their heirs, for payment of one penny Scots, upon the ground of the lands
at Whitsunday, in name of blench farm, if asked only. Glasgow, 20th May 1520,  241
98. Charter by Thomas Ralston of Eoseholm to Beatrix MaxweU of Carnduff, on the occasion
of their marriage, of the lands of DunlophUl in liferent, extending to 40 shiUings' worth
of land of old extent, lying in the bailiery of Cunningham and shire of Ayr : To be held by
her in her widowhood, in liferent, of the King as Steward of Scotland, and his heirs and
successors, for the service used and wont. Glasgow, 15th September 1520,  243
99. Letters of BaUiery by Eobert Lord Maxwell, appointing George MaxweU of Cowglen constable
and keeper of the castle of Mearns, in the shire of Eenfrew and barony of the same, with the
profits and duties thereof, for seven years. Edinburgh, 28th January 1520,  245
100. Letters by John Earl of Lennox, appointing his cousin, George Maxwell of Cowglen, his ces-
sioner and assignee to redeem from Hew Montgomery of Hazelhead the lands of Pottarton
and Diconsbank, in the lordship of Darnley and barony of Eenfrew, which had been wadset
to the latter. Cruickston, 15th November 1521,  245
101. Discharge by Hew Montgomery, Laird of Hazelhead, to George Maxwell of Cowglen, for the
sum of 130 merks, being the amount contained in his letter of reversion of the lands of
Pottarton and Diconsbank. At the Hazelhead, 18th November 1521,  246
102. Disposition by John Earl of Lennox to George Maxwell of Cowglen, of the lands of Pottarton
and Diconsbank under reversion, for the sum of 230 merks of fine gold ; wherein he binds
VOL. I. 3D

394 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1521-27. Page
himself and his heirs not to consent to the redemption of the said lands except for their own
proper use only, and, in the event of their being so redeemed, to grant to the said George,
and his heirs or assignees, a seven years' tack of the same after the date of redemption ; for
which the said George, his heirs and assignees, were to pay yearly 5-g- merks and 16 pence
of penny male, and 3^- bolls and 3 pecks of bere, etc. Glasgow, 19th November 1521, ,  247
103. Charter by John Earl of Lennox, Lord Darnley, to George Maxwell of Cowglen, of the lands of
Pottarton and Diconsbank, lying in the Lordship of Darnley and shire of Renfrew, for a cer
tain sum of money paid and delivered to him therefor : To be held in feu and heritage for
ever for payment of one penny Scots at Whitsunday, on the ground of the said lands, in name
of blench farm, if asked only. Glasgow, 19th November 1521,  249
104. Letters of Gift by John Duke of Albany, Governor of Scotland, to John MaxweU of Pollok,
of the tax due to the king for his £20 land of Nether Pollok, extending to ten merks Scots.
Edinburgh, 24th August 1522,  250
105. Testament of George Maxwell of Cowglen, wherein he states that he made it on account of the
wars then imminent, commits his soul to God Almighty, and his body to be buried where it
pleases the divine goodness, and leaves four pence to the fabric of St. Quintin ; appoints
Eobert Maxwell, chancellor of Moray, and others, his executors, and wills and ordains that a
chaplain, to be chosen by them, should celebrate masses for him at the altar of the Virgin
Mary in the church at Eastwood daily, and five masses on each feast of the Virgin, for seven
years after his death, to whom he ordains 12 merks yearly to be paid ; leaves 9 cows for the
support of the various altars in the • churches of Eastwood and Mearns ; ordains his executors
to maintain his son George from his goods and substance tUl he attained the age of seventeen,
and then to pay to him the sum of £10 ; and leaves to Catherine Maxwell, daughter of the
deceased Sir John Maxwell of Pollok, his brother, 100 merks at her marriage, and the rest of
his goods to his own son Eobert. Glasgow, 30th August 1522,  251
106. Bond of Manrent by John Earl of Lennox to George Maxwell of Cowglen, whereby, in con
sideration of the latter having become man to his Lordship " of speciale retinew," he binds
himself to maintain, help, supply, and defend him in all his lawful actions against all, the
King and his successors alone excepted. Glasgow, 1st May 1524,  252
107. Discharge by Eobert Lord Maxwell to George Maxwell of Cowglen for 70 merks, in part of
payment of his half of the ward of the lands of PoUok. Lochmaben, 4th July 1524,  252
108. Discharge by Eobert Lord MaxweU to George MaxweU of Cowglen for the sum of 170 merks,
in complete payment of his half of the ward of the lands of Nether Pollok. Edinburgh, 21st
November 1524,  253
109. Procuratory by Eobert [Maxwell] Bishop of Orkney, appointing Thomas MaxweU and others
his procurators for resigning in. the hands of Gavin Archbishop of Glasgow the lands of
Easter Shiels of Govan and Govan Haggs, in the barony of Glasgow, in favour of his brother,
George Maxwell of Cowglen; reserving to Elizabeth Stewart, Lady Nether PoUok, their
mother, the liferent of the said lands. Cathedral Kirk of Orkney, 17th September 1527 ... 253

1527-34.] ABSTRACT OF CHARTERS AND FAMILY PAPERS. 395 Page
110. Obligation by William Maxwell, son of the deceased John Maxwell of Pollok, whereby he
binds himself and his heirs to his brother-german, George Maxwell of Cowglen, not to uptake
any of the mails, profits, farms, or duties belonging to the four merk land of Pottarton, the 20
shilling and 16 penny worth of the lands of Diconsbank, and the 40 shilling land called HiU
field, lying in the lordship of Darnley and shire of Eenfrew, in which he had been infeft by
his. said brother George, so long as he was unmolested in the peaceable possession of the lands
of Carnwederick and Pollokhaugh, etc. Glasgow, 23d October 1527,  254
111. Bond of Maintenance by Gavin [Dunbar], Archbishop of Glasgow, in favour of George Maxwell
of Cowglen, whereby he binds himself to defend the latter in all his just quarrels and actions,
agamst all persons, etc., his allegiance to the King alone excepted. Glasgow, Sth December 1 527, 257
112. Official Extract from the Records of the Barony Court of Glasgow relative to the entry of George
Maxwell of Cowglen to the rentalling from the Archbishop of Glasgow of the four-merk land
of the east Shiels of Govan and Govan Haggs, the kindness of which had been given over to
the said George by his brother, Eobert Bishop of Orkney, who had been rentaUed in it before ;
their mother, Elizabeth Stewart, having her liferent of the same. Glasgow, 10th December
1527,  257
113. Assignation by Eobert Stewart of Minto, constituting George MaxweU of Cowglen his assignee
to redeem from Alexander Lyndsay of Corsbasket the third part of his £5 land of Hamilton's
Farm of old extent, in the barony of Hamilton and shire of Lanark, which had been analzied
to the said Alexander, under reversion, for £100. Glasgow, 14th August 1528,  259
114. Contract betwixt Matthew Earl of Lennox, with consent of Robert Bishop of Orkney and
others, on the one part, and Sir James Hamilton of Fynnart, Knight, son of James Earl of
Arran, in name and behalf of the Earl his father, and for himself, on the other part, by which
the parties bind themselves as foUows : The Earl of Lennox to put away aU feeling of unkind-
ness towards the Earl of Arran and the said Sir James on account of the slaughter of the late
John Earl of Lennox, near Linlithgow; and the said Sir James to fee six chaplains at the expense
of the Earl of Arran, his brother, and his own, " to syng and do sufforhe for the sawiU of the
said deceased John Earl of Lennox," for seven years, three of them in the College Kirk of
Hamilton, and three of them in the Black Friars' Church of Glasgow, where the Earl was
interred, and to pay each of them £10 a year ; also to endeavour to obtain Lord Avondale's
consent to the Earl of Lennox's appointment as sheriff of Dunbarton and bailie of Lennox,
etc., etc. Stirling, 14th February 1530-31,  260
115. Discharge by Peter Houston, rector of Sanda, in favour of Robert Maxwell, Bishop of Orkney,
of an annual pension which he had from the provostry of the Collegiate Church of Dunbarton.
Done at Edinburgh, 7th June 1531,  263
116. Agreement between Robert MaxweU, Bishop of Orkney, and Master John Thornton, relative
to the obtaining of Letters of Dispensation from the Pope for the marriage of John Maxwell
and Elizabeth Maxwell, who were related to each other in the second and third degrees of
consanguinity. Edinburgh, 27th February 1534,  **  264
117. Instrument of Dispensation in terms of Letters directed by Cardinal Antonius, Penitentiary of

396 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1535-36. Page
Pope Paul III., to the Archbishop of Glasgow, or his vicar or official general, for dispensing
with the impediments to the marriage of John Maxwell, son and heir of the late George
Maxwell of Cowglen, and Elizabeth or Bessie Maxwell, daughter and heiress of the late John
Maxwell of Nether Pollok, of the diocese of Glasgow, who were related to each other in the
second and third degrees of consanguinity. Done in the church of the Friars Minorites of
Glasgow, 31st August 1535,  265
118. Certificate of Proclamation of Banns of Marriage, in the parish church of Dunbarton, between
John Maxwell, son and heir of the late George Maxwell of Cowglen, in that parish, and Eliza
beth Maxwell, daughter and heiress of the late John Maxwell of Pollok, in the parish of
Eastwood. Given under the hand of Thomas Gibson, chaplain and curate of Dunbarton,
15th January 1535,  269
119. Notarial Instrument upon the marriage between John MaxweU of Cowglen and EUzabeth or
Bessie Maxwell, heiress of Nether Pollok, which was performed by Thomas Gibson, curate
of the collegiate parish church of St. Mary, near Dunbarton, 16th January 1535,  269
120. Discharge by John Gwid and Thomas Bargille, master masons, to Robert Bishop of Orkney,
for the sum of 20 merks, being part payment of the building of the " towr of Neddir PoUok,
and ryggeyn stayne onputteyne" thereof. Nether Pollok, 16th July 1536,  271
121. Precept of Clare Constat, directed by Robert Lord Maxwell to his bailies, for infefting Elizabeth
Maxwell, daughter and heiress of the late John MaxweU of Nether Pollok, in the lands of
Nether Pollok and Carnwedderick, in the barony and shire of Renfrew ; which were held of
his Lordship in chief by the service of ward and relief, and were in his hands, as superior,
on account ofthe death ofthe said John. Edinburgh, 9th August 1536,  271
122. Charter by Robert Lord Maxwell to John Maxwell of Cowglen and Elizabeth Maxwell his spouse,
in conjunct fee, and their heirs-male therein named, of the lands of Nether Pollok, namely,
the Mains of Nether Pollok, PoUokshaws, with the mill thereof, the lands and town of Pollok -
ston, lie Park and Pollokhaugh, and the lands of Carnwedderick, all in the barony and shire
of Renfrew ; which lands belonged to the said Elizabeth, and were resigned by her, with
consent of her husband, in the granter's hands, as superior thereof : To be held in feu and
heritage for payment of ward and relief when they occurred. Edinburgh, 15th August 1536, 273
123. Charter by John Maxwell of Nether Pollok and Elizabeth Maxwell his spouse, to William
Maxwell, uncle of the said John, of the liferent of the lands of Carnwedderick, and to the
said William and Janet Cathcart his spouse, in conjunct fee, the Uferent of the lands of
Pollokhaugh, lying in the barony of Renfrew and shire thereof : To he held of the granters,
and their heirs and assignees, for payment of a penny Scots upon the ground of the said lands
at Whitsunday yearly, in name of blench farm, if asked only. Edinburgh, 27th August 1536, 276
124. Letters by King James V. to John MaxweU of Nether Pollok, requiring him to hold him
self in readiness to proceed to Edinburgh, upon ten days' notice, accompanied by his kin,
friends, and servants, to attend the arrival of his Majesty with his Queen (Magdalene, eldest
daughter of Francis I., King of France), which was expected to be about the 10th of April
following. Given under the Signet at Edinburgh, 8th February [1536],  278

1539-44.] ABSTRACT OF- CHARTERS AND FAMILY PAPERS. 397 Page
125. Discharge by George Wr, burgess of Edinburgh, of all debts due to him by Robert Maxwell,
Bishop of Orkney, previous to the date thereof, with the exception of £23. Dunbarton,
28th August 1539,  279
126. Memorandum by Robert [MaxweU] Bishop of Orkney relative to the delivery, to certain per
sons named, of a shipment of " fat gud," and the application of the money received therefor.
24th October 1540,  280
127. Notarial Instrument upon the delivery to John Maxwell of Nether Pollok of certain articles
of silver plate whieh belonged to the late Robert Maxwell, Bishop of Orkney. Done in the
chamber of the said deceased bishop, in Kirkwall, 24th December 1540,  281
128. Instrument of Obligation by John Maxwell of Pollok to keep certain articles of silver plate
which belonged to the late Robert MaxweU, Bishop of Orkney, and to answer for the same to
his heirs and executors. Done in the chamber of the said deceased bishop, in KirkwaU,
24th December 1540,  ."  282
129. Precept by Walter MaxweU of Aikinhead and William Maxwell of Carnwederick, executors of
Robert Maxwell, Bishop of Orkney, to George Abernethy, to deliver certain articles of
furnishing to the Laird of Nether Pollok. Glasgow, 23d March 1540,  283
130. Memorandum of the delivery by Walter Robison, beidman in the College of Dunbarton, to
John MaxweU of Pollok, at the command of the executors of the late Eobert Maxwell, Bishop
of Orkney, of certain articles of furniture which belonged to the latter. 26th March 1541,... 283
131. Letter of Obligation by John Houston of that Ek to re-deliver to John Maxwell of Pollok two
silver cups which belonged to the late Eobert Maxwell, Bishop of Orkney, and which the
said John Houston had received in part of payment of certain victuals sold by him to the
said bishop. [In the Obligation itself the sale is, by mistake, said to have been by the
bishop instead of to him.] Houston, 26th January 1541,  284
132. Writ by Adam Colquhoun, official of Glasgow and parson of Stobo, granting to John Maxwell
of PoUok an extension (from Martinmas to St. Mungo's day) of the time for redeeming two
silver cups. Glasgow, 31st October 1541,  284
133. Notarial Instrument upon the delivery by John Maxwell of PoUok of the keys of the castle
of Glasgow to Gavin [Dunbar] Archbishop of Glasgow, with the " geir" in the castle, accord
ing to an inventory. Done in the palace ofthe archbishop, 11th May 1544,  285
134. Discharge by Matthew Earl of Lennox to John Maxwell of Pollok for the geir and goods which
were in the castle of Glasgow at the entry of the said John to be keeper thereof. Glasgow,
11th May 1544,  286
135. Agreement between John Maxwell of Pollok and John Maxwell of Dargavel to submit all
disputes between them — especially the claim of the former to the half ward of Nether Pollok,
and that of the latter to the nonentry of Meikle Cowglen and others — to the arbitration of

398 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1544-60. Page
Eobert Lindsay of Dunrod and Gabriel Semple of Cathcart ; Mr. James Houston, subdean
of Glasgow, to be " odman." Bridgend of EUiotston, 15th July 1544,  287
136. Instrument of Exoneration .by WiUiam Glen, John Neilson, and others, tenants in Cowglen, to
John Maxwell of Pollok, discharging him of all wrong or damage done to them, except the
carrying off of 18^ bolls of meal from the said WiUiam and John, as part payment of the
arrears of their farms and duties, and which was to be forthcoming and warranted to them.
Nether PoUok, 2d January 1544,  289
137. Gift by Mary Queen of Scots (subscribed by the Eegent Arran) to John Maxwell of Pollok, of
the ward and nonentry of the £20 land of " Nether Powk," lying in the shire of Eenfrew,
which were then in her Majesty's hands, through the decease of the late Robert Lord MaxweU.
1546,  290
138. Warrant by James Earl of Arran, Regent of Scotland, to the Justice and Justice-Clerk, charging
them to desist from all proceedings against John Maxwell of Nether Pollok for his aUeged
remaining at home from the " oist and raid devisit to convene at the Sanchar in Nythisdale,"
in the month of January preceding. Glasgow, 10th March 1547,  291
139. Instrument of Sasine (proceeding upon a brieve from the Chancery of Queen Mary) of James
Maxwell, son and heir of John MaxweU of Cowglen, in the eight and a half merk lands of
Pottarton, Dickonsbank, HiUfield, and the twenty shilling land of Cowglen, lying in the barony
of Renfrew and shire thereof. Done on the ground of the said lands, 8th November 1549,... 291
140. Retour of the Service, before John Roberton of Ernock, Sheriff-depute of Lanark, of Eliza
beth Maxwell, as heiress of her great-grandfather, Sir John MaxweU of PoUok, in the
lands of Nether Pollok. HamUton, 27th March 1550,  293
141. Precept by Sir John Maxwell of Terregles, Knight, to John Maxwell and others, tenants of the
Mearns, charging them, under the " pane of tynsale of their maUngs," to raise letters against the
Lairds of Nether and Over PoUok for holding double bailie courts. Dumfries, 6th May 1553, 294
142. Eetour of the Service, before Eobert Master of Semple, Sheriff- depute of Renfrew, of John
Maxwell, son of George Maxwell of Cowglen, as heir of his father, in the lands of Cowglen.
Renfrew, 28th March 1556,  295
143. Retour of the Service, before John Roberton of Ernock, Sheriff- depute of Lanark, of John
Maxwell of Calderwood, as heir to Robert MaxweU of Calderwood, his father, in the five
merk land of Little Dripps, lying in the barony of Kilmaurs by annexation, and within the
shire of Lanark ; which lands were held in chief of the Earl of Glencairn and his successors,
for payment yearly to them of a penny Scots at Whitsunday, in name of blench, and an
annual rent of forty shillings to the chaplain of the church of St. Quintin called " Litill
Sanct Mongous." Hamilton, 18th March 1558,  295
144. Retour of the Service before John Hamilton of Stonehouse, Sheriff-depute of Lanark, of John
Maxwell, as heir of his father, William Maxwell of Carnwederick. Hamilton, 28th June
1560,  297

1562-70.] ABSTRACT OF CHARTERS AND FAMILY PAPERS. 399 Page
145. Lease by John Maxwell younger of Pollok, to Walter Anderson, of the six shilling and three
penny land in Meikle Govan, for payment of ten firlots of meal and one boU of bear, besides
the mails, duties, and service due from the said lands to the Archbishop of Glasgow. Nether
Pollok, 12th January 1562,  297
146. Lease by Thomas Brown in Windyedge to Thomas Hutchison of a house, etc., in the Trongate
of Glasgow, for eighteen years from Whitsunday 1564, for payment of a rent of fifty shil
lings, to be paid yearly in advance. Glasgow, 19th June 1564,  299
147. Gift by King James VI. of the escheat of John Maxwell of Pollok to Alexander Earl of
Glencairn, Lord Kilmaurs ; which escheat had fallen to the Crown through the rebellion of the
said John, he having borne arms against his Majesty at the battle of Langside, on the 13th of
May 1568, in company with Archibald Earl of Argyle and others. Given under the Privy
Seal, at Edinburgh, 10th August 1568,  300
148. Letters under the Signet for enforcing the gift to Alexander Earl of Glencairn of the escheat
of John MaxweU of PoUok, which had fallen to the Crown in consequence of his being at the
horn in default of finding surety to underly the law for being art and part in the slaughter of
sundry persons at the battle of Langside. Edinburgh, 27th August 1568,  302
149. Pass by Alexander Earl of Glencairn, his Majesty's Lieutenant, to John Maxwell of Pollok,
Knight, granting him permission to pass from Dunbarton to KUmarannock and back again to
arrange certain matters of business with his Lordship. KUmarannock, 6th September 1568, 303
150. Precept of Remission directed by King James VI. to his Chancellor, for remitting the suit his
Majesty had raised against John Maxwell on account of his being art and part in the slaughter
of several persons at the battle of Langside. Given under the Privy Seal, at Edinburgh, 9th
September 1568,  303
151. Licence by Alexander Earl of Glencairn, his Majesty's Lieutenant in the West, to John Max
well of Pollok, Knight, and his tenants, to remain at home within their own bounds from any
convocation or raids which might happen to take place for one month. Kochnoch, 20th
November 1568,  304
152. Assurance by John Pollok of that Hk to John MaxweU of Pollok, not to molest him in law
" for quhatsumeuir caus or occasioun bygane." Glasgow, 29th June 1570,  305
153. Precept by King James VI., subscribed by Mathew Earl of Lennox, Regent of Scotland, and
directed to John MaxweU . in Cowglen, to charge Sir John Stewart of Minto, Justice-depute
of the city and barony of Glasgow, to desist from all proceedings against the tenants of Sir
John Maxwell of Pollok for having appeared against his Majesty at the field of Langside.
Edinburgh, 24th January 1570,  305
154. Notarial Instrument taken upon the Regent Arran's letters discharging Sir John Stewart of
Minto, Justice-depute of Glasgow, from molesting the tenants of Sir John Maxwell of PoUok
on account of their having appeared against the King at the field of Langside. Done in the
castle of Glasgow, 2d February 1570,  306

400 ABSTRACT OP CHARTERS AND FAMILY PAPERS. [1574-90. Page
155. Retour of the Service, before the Sheriff-depute of Renfrew, of Thomas Colquhoun as heir to
his mother, Margaret Cunninghame, reUct of John Colquhoun of Luss, in an annual rent of
24 boUs of oatmeal from the lands of the Mains, which was held in chief of Charles Earl of
Lennox for payment of a penny yearly at Whitsunday, in name of blench. Paisley,
3d AprU 1574,  308
156. Letters of Procuratory by Hew third Earl of Eglinton, appointing Archibald Crawfurd, parson
of Eaglesham, and WiUiam Hegait, burgess of Glasgow, his procurators to receive the sum of
£1000 from Sir John MaxweU of Pollok, for the wadsetting of certain of his Lordship's
lands in the barony of Eaglesham. Glasgow, 19th February 1574,  309
157. Discharge by Mr. Archibald Crawfurd and William Hegait, procurators of Hew third Earl of
Eglinton, to Sir John MaxweU of Pollok, for the sum of £1000 for the wadsetting of the
Earl's lands of Bonnyton, Fleurs, and others. Glasgow, 21st February 1574,  310
158. Depositions of Gavin Maxwell of Auchenhead, and other witnesses, on behalf of Sir John
Maxwell of PoUok, against Elizabeth Maxwell, Lady Pollok, and William Maxwell, executors
of the late Sir John Maxwell of PoUok, upon the Inventory of the airship goods of his
father, [c. 1578],  311
159. Charter by Hugh WaUace of CarneU to WiUiam Maxwell, brother of Sir John Maxwell
of Pollok, of an annualrent of twenty merks from his forty shilling land of old extent of
Whitelees, in the parish of Stewarton and shire of Ayr : To be held of the granter and his
heirs in feu and heritage for ever, for payment of a penny Scots yearly upon the ground of
the said lands, in name of blench, if asked. The charter contains a precept of sasine, and
is dated at Glasgow, 8th June 1583,  314
160. Declaration made by Mr. David Wemyss, minister of Glasgow, Alexander Cunninghame,
younger of Clonbeath, and others, in the action and cause raised by Mr. Thomas Jack and
Euphemia Wylie against Ninian Stewart, son to Captain James Stewart, who had ravished
their daughter Elizabeth Jack. Glasgow, 26th October 1584,  316
161. Charter by John Maxwell of Pollok, Knight, with consent of Margaret Cunninghame his
spouse, to his brother Walter Maxwell, of an annualrent of £20 from the £3 land of old
extent of Nether Cowglen, lying in the parish of Eastwood and shire of Renfrew : To be
held of the granter and his heirs for payment of one penny Scots yearly upon the ground of
the said lands, at Whitsunday, in name of blench, if asked only. The charter contains a
precept of sasine, and is dated at Haggs, 16th November 1586,  317
162. Letter of ObUgation by Robert Lord Semple, for himself, his kin and friends, not to molest
Sir John MaxweU of Pollok, his brothers WiUiam, Patrick, and Walter, nor their servants
on account of any quarrels, etc., " in ony tymes bygain." Paisley, 23d April 1588,  320
163. Letter of ObUgation by John Lord Maxwell to answer to his Majesty for the conduct of his
tenants and dependants ; Sir John MaxweU of PoUok being his cautioner. Edinburgh 5th
August 1590,  320

1593-1666.] ABSTRACT OF CHARTERS AND FAMILY PAPERS. 401 Page
164. Lease by James Hamilton of Torrance to Mungo Anderson of the eight shilling and fourpenny
land of Leclyok, in the parish of Blantyre and shire of Lanark, for the whole term of the said
James's life, for payment of twenty shillings of silver mail, two bens and two sufficient capons
at Fasting-even, and one boll of bear at Beltane, yearly. Torrance, 8th January 1593,  321
165. Licence by the Commissioners of King James VI. to Sir John Maxwell of Pollok and his
servants, permitting them to remain at home from the army that was about to proceed with
his Majesty to the north of Scotland. Edinburgh, 5th October 1594,  322
166. Information by Sir Hugh Campbell, first Lord Loudoun, for obtaining a new grant from the
King of his estates and honours after the death of his only son. [o. 161 5],  323
167. Account of Expenses of a Journey from Edinburgh to London in the year 1621,  325
168. Licence by the Lords of Privy Council, permitting Sir John MaxweU of PoUok, Knight, his
spouse, and friends at table with them, to eat flesh during Lent for one year. Edinburgh,
5th March 1622,  334
169. Letter of Obligation granted by Sir Archibald Napier of Merchiston, Treasurer-Depute of
Scotland, to the Earl of Nithsdale, binding himself to advance to the latter a certain sum
promised to his Lordship by Sir John Buchanan, for procuring to him a tack of Orkney and
Zetland. WhitehaU, May 1627,  335
170. Letters of Procuratory by Robert Earl of Nithsdale, appointing Sir John Maxwell of PoUok his
procurator for uplifting the rents of the barony of Mearns. Carlaverock, 19th February 1640, 335
171. Notarial Instrument attesting that Sir John Maxwell of PoUok attended divine service in the
parish church of Eastwood on the 26th of April 1646 ; and that he both proceeded to and
returned from church unassisted. Done at Nether Pollok and the church of Eastwood, 26th
April 1646,  336
172. Last Will and Testament of Sir John Maxwell of Pollok; wherein, after recommending his
soul to God, he nominates Sir George MaxweU, fiar of Nether Pollok, his sole executor,
and, with the exception of certain debts and bequests specified, his universal legatee.
Nether Pollok, 28th October 1647,  337
173. Gift by King Charles IL, under the Great Seal, to Eobert Hamilton of Partick, of the office of
tutor-dative to George, Hugh, Gabriel, Eobert, and David, sons of the late George Maxwell
of Auldhouse, until they should attain their majority. Edinburgh, 21st December 1649,  339
174. Licence by William Lord Bellenden of Broughton, Treasurer-depute of Scotland, permitting
Sir George Maxwell of PoUok, his family, and friends at his table, to eat flesh during Lent
for one year. Edinburgh, 4th March 1663,  340
175. Similar Licence from the Same to the Same, from Lent 1664 to Lent 1665,  341
176. Similar Licence from the Same to the Same, from Lent 1665 to Lent 1666,  341
VOL. 1. 3 E

402 ABSTRACT OF CHARTERS AND FAMILY PAPERS. [1664-1719.

177. Indenture betwixt Sir George MaxweU of Pollok, Knight, and Gavin Park, hammerman, bur
gess of Glasgow, whereby the latter binds himself to perform aU the blacksmith-work neces
sary for the proper working of Sir George's coal-heughs in Titwood Muir, near Glasgow, for
an annual payment of £10 in money, and " tuentie hutches of coaUs yearlie," etc.
Glasgow, 14th January 1664,  342
178. Eesolution of the Senatus Academicus of the College of Glasgow, whereby, in consideration of
Mr. Mathew Crawford, minister of Eastwood, having presented to the Library of that Uni
versity the manuscript of a History of the Church, compiled by himself, the Faculty oblige
themselves and their successors in office to procure a bursary for each of his two sons.
Glasgow, 28th December 1693,  343
179. Answers (holograph of Lord Pollok) to eleven articles of Mr. Bell's " MemoriaU anent the
Dilapidations ofthe Estate of Lennox," in so far as concerns the interests of the Duchess-
dowager of Lennox, and the tenantry of her Grace's estates in Scotland, [c. 1670],  344
180. Diploma by King Charles II. , granting to Sir John Maxwell of Pollok, only son of the late
Sir George Maxwell of Pollok, the title of Knight Baronet, which title had been enjoyed
by the late Sir John Maxwell, cousin of Sir George, who died without heirs-male. White
haU, 12th April 1682. Reg. Mag. Sig. Lib. 68, No. 150. [Original afterwards found at
PoUok],  346
181. Diploma by Queen Anne, re-granting to Sir John MaxweU of PoUok the title of Knight
Baronet, conferred on him by King Charles II. , and extending the limitation to his heirs
of entaU whomsoever. Kensington, 27th March 1707,  348
182. Excerpts from the Diaries of Sir George MaxweU of PoUok, extending over the period from
8th August 1649 to 9th March 1676, and containing interesting notices of Trials for
Witchcraft, etc. Also, Excerpts from the Diaries of Sir John MaxweU of Pollok, extend
ing from 13th April 1670 to 6th November 1719,  349

403
ROBERT MAXWELL, BISHOP OF ORKNEY.
C. 1470-1540.
This venerable prelate was the second son of John MaxweU of Pollok
and Elizabeth Stewart, daughter of John first Earl of Lennox, of the house of
Stewart. Being an active, able, and successful churchman, and having managed
the PoUok estates for many years, during the minorities of successive proprie
tors, he took a prominent place in the Pollok family, and his memory has been
cherished by them, through three centuries, as that of a wise and good man.
One of his earliest appointments in the church was to the parsonage of Tarbolton, which
may have been owing to his relationship, through his mother, to the Earl of Lennox, Lord
of Tarbolton. He was soon afterwards made Canon of Glasgow and ChanceUor of Moray.
Under the designation of Mr. Robert Maxwell, ChanceUor of Moray, and Canon of Glasgow,
he was elected Rector of Glasgow University at a general meeting of the College held on the
25th October 1519. On the 23d November of the same year he, as Rector, presented to the
University a cane staff, set with sUver at the top, bottom, and middle, to be borne before the
Rector at all ordinary feasts and assemblies. This gift seems to have been made for the purpose
of reserving the grand silver mace of the University for use only on the most solemn occasions.
He was re-elected Rector for the year 1520.1 In January 1521, Mr. Robert MaxweU, as Rector
of Tarbolton, witnessed a charter by John Earl of Lennox, confirming a charter by Maldowen Earl
of Lennox to the monastery and convent of Paisley of the fishing of the Lenbryn.2 Robert Max
well was soon after this made Provost of the collegiate church of Dunbarton;3 a preferment also
partly owing, no doubt, to his relationship to the Earl of Lennox.
His promotion to the see of Orkney is generally said to have taken place about the year
1530 ; but it was four years earlier. He is caUed Postulate of Orkney in a receipt by Con
stantine MaxweU, dated 25th January 1525 ;4 and on 27th June 1526, Adam Stewart, burgess
of Edinburgh, grants a receipt to Mr. Robert Maxwell, Bishop of Orkney, for eight score seventeen
pounds and a half in part payment for the expedition of his " buUis of Orkney."5 He was con
secrated Bishop of Orkney in 1526. He is designated Bishop of Orkney in a resignation of certain
lands to his brother George, on 10th December 1527.6 His services in his diocese had a most
beneficial effect on that remote district ; and many substantial proofs of the great labour which he
bestowed, as weU as of the large sums which he employed, for the good of his diocese, and the
welfare and advancement of his people, remain even to the present day. The staUs in the cathedral
at Kirkwall, with the arms of his predecessors in the bishopric were all built by him at his own
expense. He also furnished the steeple with an excellent set of finely toned beUs, and otherwise
greatly improved the cathedral, entirely at his own charges. The following account of the
bells, by Sir Henry Dryden, was published in the " Orcadian" newspaper in October 1855 : —
" There are four beUs in St. Magnus.
" 1. (Largest) originaUy given by Bishop Maxwell, but recast. 2 & 3. Given by Bishop Maxwell.
1 Munimenta Universitatis Glasg., vol. ii. pp. 136-169. * Original receipt at Pollok.
2 Registrum Monasterii de Passelet, p. 219. 5 Original receipt at Pollok.
8 Crawfurd's Renfrewshire. Seraple's Edit., 1782, p. 187. 6 Vol. i. p. 258.

404 ROBERT MAXWELL,
" 4. (SmaUest) without inscription or date, not hung.
They are not, and probably never have been, rung by the common processes of wheel or
crank, but by a rope applied so as, by a nearly lateral traction, to make the tongue strike the .side.
One end of a short rope is fastened to the tongue, and the other to the wall ; a second rope is
fastened to the middle of the first, and the lower end of it pulled by the ringer, which, of course,
pulls the tongue to one side. The notes produced by the beUs are not at diatonic intervals, being
about five-quarter tones apart. They are about g J tone sharp, A \ tone sharp, c \ tone sharp.
The second bell is used for the clock, and is struck by the clock hammer on the outsid-e, giving,
when so struck, a note lower than that given when struck by the tongue.
"First Bell. — Note — tenor a\ tone sharp ; 3 feet 5 J inches diameter, and 2 feet 9 inches
high, exclusive of the crown. Inscription in plain capitals, raised, in two Unes : —
' Made by master Robert Maxvell, Bischop of Orkney, the yeer of God m.d. xxviii. the xv. year
of the reign of King James the V. Robert Borthwik made me in the castel of Edinburgh.'
" In an oval medaUion : — ' Taken et brought againe heir by Alexander Geddus, marchant in
Kirkwa, and recasten at Amsterdam, Jully 1682 years, by Claudius Fremy, city beU caster. It
weighs 1450 P.'
" On a medaUion a figure with a sword, and under it SCT. MAGNUS.
" On a raised shield the arms of Bishop MaxweU, a saltier, with annulet in centre.
" Second Bell. — Note — a A tone sharp ; 3 feet 1 inch diameter, and 2 feet 5 inches high, ex
clusive of crown. Inscription in black letter, capitals and smaU, raised, in two Unes : —
' Maid be maister robert maxvell, bischop of Orknay, in ye secund zier of his consecration,
in the zeir of god im v° xxvm. zeiris ye Xv. zeir of ye reign of King James V.'
"Oi a medalUon a figure with a sword, and under it ' Sanctus Magnus.' Below — ' robert
borthvik.' On a medalUon the arms of Scotland, and on another the arms of Maxwell as before.
" Third Bell. — Note — middle c\ tone sharp ; 2 feet 9 inches diameter, and' 2 feet 5 inches
high, exclusive of crown. Inscription in black letter, capitals and small, raised, in three lines : —
' Maid be maister robert maxvell, byschop of Orknay, ye secund zeir of his consecration, ye
zeir of gode im yc xxviii. zeirs ye xv. zier of Kyng James ye V. be robert borthvyk maid
al thre in ye castel of Edynburgh.'
" On a medaUion a figure of St. Magnus. On a shield the arms of MaxweU as before.
" Fourth Bell. — Not hung ; 1 foot 8 inches diameter, and 1 foot 4 inches high, exclusive of
crown. No inscription. It is called ' the fire bell,' and in the 17th century was called ' the Skellat bell.'"
" On 9th January 1671, the ' steeple head' of the Cathedral was struck by lightning during
" a thunder-storm, and set on fire, and the largest beU seems to have been cracked by the accident.
" At all events, the writer, some years ago, discovered a bundle of old accounts and other docu-
" ments, from which the following information was obtained :1 —
1 Sir Henry Dryden is mistaken in supposing ane fearful and sad accident in this place, to the great
that the largest bell was cracked on this occasion. astonishment and terrification of the beholders by
The bell escaped injury in the manner described in the thunder and lightening, which fell upon the steeple
following notice in the Cathedral Register : In the time heid of the cathedral kirk of Orknay . . . and fyred the
of Bishop Honeyman, (hese bells were nearly destroyed samen, which brunt dounwards untill the steeple head
by lightning, for, on 9th January 1671, ther happened three loftings and all the timber work pertaining to the

SAINT MAGNUS FROM BISHOP MAXWELLS BELLS
IN THE CATHEDRAL OF KIRKWALL.

ROYAL ARMS OF S C OT L A N D . I 52 8

ARMS OF BISHOP MAXWELL. 1528

FROM THE ORIGINALS ON BISHOP MAXWELL'S BELLS
IN SAINT MAGNUS' CATHEDRAL, ORKNEY.

FIRST LINE OF INSCRIPTION ON BISHOP MAXWELLS BELLS
IN SAINT MAGNUS CATHEDRAL KIRKWALL.

SECOND LINE- OF INSCRIPTION ON BISHOP MAXWELLS BELLS
IN SAINT MAGNUS CATHEDRAL KIRKWALL.

BISHOP OF ORKNEY, 1470-1540. 405
" In August 1682, ' the great bell' being 'rift,' was sent ' to Amsterdam to be recast.'
" The Bishop of Orkney and Magistrates of Kirkwall gave instructions to the person to whose care
" the bell was intrusted, that ' there be ane special and diligent care had that the letters already
" about the bell be again reformed as the samin is, conform to ane note thereof sent with it, to-
" gether with the several arms already thereupon, viz., the arms of Scotland, being ane Lyon
" within the Shield, with the portrat of Sainct Magnus and the Maxwell's arms, and that the
" samin be placed upon the said beU as the samin is at present. That there be added thereto,
" underneath the said letters and arms, this Une, viz., " This bell re-castin at for Kirkwall,
" in anno 1682 ;" and to mark the weight thereof upon the beU.'
" The old bell, on being weighed at Amsterdam, was found to be 1500 lbs. It lost in casting
" 165 lbs. ; to which was added of new metal 193 lbs. Weight of new beU, 1528 lbs.
Do. of new tongue, ..... 46 „

Total, . . 1574 lbs.
" The whole cost was 1303 merks Scots, about £72, 7s. 9|4. sterling.
" The weight marked on the bell does not agree with this statement ; nor did the caster fol-
" low the directions to recast the letters as they were before."
In 1536 the Bishop had an opportunity of displaying his liberality and munificence in another
manner, very advantageous to the interests of his diocese. At that time Scotland and France
were in aUiance. Francis I. strenuously exerted himself to strengthen the bonds of union and
friendship between the two nations, and King James V. in return, resolved to show his affection for
the French people, and to render the ties of friendship which already subsisted between them and
his own people closer, by uniting himself in marriage with one of the royal famUy of France. For
the accomplishment of these purposes, he sent James Earl of Murray, WUliam Stuart, Bishop of
Aberdeen, and others, as ambassadors to the French Court, to negotiate a marriage between himself
and the Princess Magdalene, eldest daughter of Francis I. And in order to spend his own time
profitably for his people, and pleasantly for himself, pending these important negotiations, his
Majesty resolved to make a progress through his western and northern islands. This plan the
King carried out in the year 1536, and in the course of his progress, accomplished many important
objects with regard to the improvement of harbours, the construction and garrisoning of forts, and
other means of suppressing anarchy and rebeUion, establishing order and peace, and promoting trade
and industry amongst his people. His Majesty first visited the western and then the northern
islands. On his arrival at Kirkwall, the Bishop had the honour of entertaining him in his own
mansion. This he did with great splendour and magnificence ; and in return, his Majesty conferred
on Kirkwall a confirmation of its charter of royalty, dated 8th February 1536.1
His promotion to high office, and the duties pertaining to it, did not prevent the Bishop from
bells and the knock house were consumed to ashes. present. — [Cathedral Register, as quoted by Mr. Peter-
But, by the providence of God, the bells thereof being kin in his Notes on Orkney and Zetland, 1822, p. 55.]
three great bells and a little one, called the scallat bell, 1 Keith's Scotch Bishops, Russell's edition, p. 223 ;
were preserved by the care and vigilance of the magis- Life and Death of King James V., in Miscellanea Scotica
trates, with the help ofthe toun's people, who were vol. iv. pp. 123, 124; Navigation of King James V.
very active in that so sudden a mischance, and animated round Scotland, in Miscellanea Scotica, vol. iii., pre-
thereto by the liberality of my Lord Bishop, who was face.

406 ROBERT MAXWELL,
attending to the duties of private life, and to the welfare and interests of his friends. His brother,
the Laird of Pollok, having died young, and left his heir in minority, the charge of him and
his estates devolved on the Bishop, who was made wardator of the estate of Pollok, and tutor
to his nephew. These trusts he executed with great prudence ; and he appears to have been of
the greatest use to the family at the time that they were deprived of his nephew. The good
prelate, indeed, was the chief head of the PoUok family for two or three generations.
Other friends had recourse to his advice and assistance. On 14th February 1530, he joined
Mathew Earl of Lennox as one of his friends, when the Earl entered into contract with Sir James
HamUton of Fynnart, for the removal of all animosities and feuds between their families, in
consequence of the unhappy slaughter of John Earl of Lennox by Sir James Hamilton in the battle
of Linlithgow.1 The exertions used by Bishop Maxwell for promoting the marriage of his nephew,
John MaxweU, younger of Cowglen, and his grand-niece, Elizabeth Maxwell, heiress of PoUok, have
been already mentioned.2 Soon after this happy union of the male and female lines of the house of
Pollok, the Bishop of Orkney rebuilt the old towers of the original castle of Pollok ; and he had
the satisfaction, a few years before his death, of seeing the " ryggeyn stayne" put on the castle.3
The Bishop was not unmindful of the less important matters connected with his official
position. On the 28th August 1539, he held "compt" and reckoning with George Wr, burgess
of Edinburgh, when they mutually discharged each other of aU debts except £23 still due by
the Bishop.4 On the 24th February 1540, the Bishop appears on record for the last time,
when he delivers a memorial to Duncane Scolar, concerning the disposal of his " fat gud " that
was in William Thomson's ship.5 The Bishop seems to have been indisposed when this memorial
was written, and he died before the 14th December following, when his silver plate and other
valuables were consigned to the keeping of John Maxwell of Pollok, for behoof of the Bishop's heirs.6
The three following documents, relating to the Bishop of Orkney, were borrowed from the
Pollok charter-chest so long ago as 1 8 1 8, by the late Mr. Riddell. They were only recently returned
by his executors. The first paper shows the relationship of the Bishop to Alan Stewart, of Car
donald. The second paper is a mutual bond between the Bishop and Margaret Lady Sinclair and her
son, WilUam Lord Sinclair, relative to the state of Orkney. The third paper consists of inventories
of the furniture, books, plate, etc., which belonged to the Bishop both in Edinburgh and in Orkney.
(1.) Be it kend tyll all men be thir present lettres, me Allan Stewart of Ka[rdon]all, that
forsamekle as my syster sone, Master Robert Maxwell persone of Torboltone, was my factowr of my
landis, malis, fermys, batht be burcht and land, in Scotland, of part of zeris that I was in France,
as is contenyt in his factoury and comttis made thairvpone, I the sayd Allan grantis me tyll haf
herd a fynall compt but controwercie, and tane compleyt payment of my sayd factowr and syster
sone, for all the zeris he has intromettyt wytht my landis, malis, and fermys, for sayd and grantis
me full payit thairof thankfully ; Quhairfor I dyschargis my sade factour and syster sone thairoff,
for now and evyr mare. In vytnes of the quhylk thynk I haf subscriwyt this writ wytht
my hand, at Glasgw, the xi day of Merche in the zer of God im- vc- and xviii zeris, befor thir
vytnes, Master Thomas Stewart, notar publyk, Johne Vinzat, Hary Resston, and Schir James
Knox, vicar of Carmannok, wytht otheris diueris. Allan Stetjard, vitht my hand.
1 Vol. i. p. 260. 3 Vol. i. p. 271. » Vol. i. p. 280.
3 Vol. i. p. 26. 4 Vol. i. p. 279. « Vol. i. p. 281.

BISHOP OF ORKNEY, 1470-1549. 407
(2.) At Edinburgh, the xv day of Julij, the zeir of God im- v°- twenty nyne zeiris, it is ap-
puntit and concordit betuix ane reuerend fader in God Eobert Bischope of Orknay on that ane part,
and Margaret Lady Sinclar and William Lord Sinclar hir son on that vther part, that forsamekle as
laitlie in the cuntre of Orknay thair is happynnit gret truble, as slachter, byrnyng, herschippis, and mony
vtheris skaithtis, the saydis partyis for the honowr of God and haly kirk, obeisance and trew seruice to
the Kingis grace, and the commoun weill of the cuntre, sail concur and be of ane opinioun for putting of
reformatioun of the gret faltis committit in the said cuntre, bryngin of the samyn to gud ordour and
vndir cwir of justice ; and to that effect thai sail putt all thar poweris togidder to bryng this re
formatioun and obeisance of the Kingis auctorite and justice to effect, wytht all at thaj can do be
thame self thar kynn, freyndis, seruandis, and adherentis. Ant to the intent at thir thingis may
be mair eissely performit, the sayd reuerend fader sail, wytht all his menys, labouris, and deligens at
he can, mak help to freytht and releife the said William Lord Sinclar out of the handis of his
aduersaris that now keipis and haldis him in Orknay ; and eftir his frethyng, ilkane of the saydis
partyis, that is to say, the said reuerend fader, Margaret Lady Sinclar, and William Lord Sinclar
her soun, sail ilkane tak vtheris partis, and help and supple vtheris in all and syndry thar gud
actionis, causis, and querallis concernyng the kirk and landis of Orknay, thar honouris, thar lyvis,
heretagis, and possessionis of guidis movable and unmouable, wytht all thar possibiUte, labouris,
travell, in the law and by the law, that may be helplie to vtheris ony wyis ; saiffand and reseruand
to the said reuerend fader all wyis, honour, reuerence, and seruice as accordis to ane bischope ; and
quhen ony of the saydis partyis requiris vtheris of ony particular helpe in ony particular caus, ilkane
of thame salbe redy to vtheris thairto, at all possibiUte, wytht faytht and trewcht, but fraude or
gile : And gif ony of thame failzeis heirintle or dois ony wrangis, iniuris, or inconuenientis ony of
thame aganis ane vther, the partye failzeand sail content and pay to tbe party keipand, the sowme
of ane thowsand li. vsuale money of Scotland, for dampnage and skaythtis sustenit and to be sns-
tenit be the partie quham to the fait beis maid throw brekyn of this contract : And the said Mar
garet Lady Synclare sail caus Patrick Erie Bothuell, and Patrick priour of Sanctandrois be con
tents to be applyit in this contract, and be comprisit in the samyn for the keiping heirof, lik as the
principale partyis, and in takynnyne of the samyn sail subscriue this contract, like as the principale
party dois ; And the said lady and Schir William Scot of Balwery, knycht, ar bundin for the said
William Lord Sinclare, hir soun, for the obseruyng and keiping of all punctis forsaid : And ilkane
of the saydis partyis sail tak part wytht vtheris trewly, as said is, for athar thair lyfe tymis, and
sa lang as thai ar on lyfe : And the said reuerend fader sail caus ony of his tender freyndis, as the
Erie of Lennox, and vtheris his freyndis, to be comprisit in this contract, as the said lady and hir
soun wiU desyre. ' In witnes heirof the saydis partiis hes subscriuit this contract wytht thair handis,
zeir and day forsaid, befoir thir witnes, rycht honourable men, Schir William Scot of Balzery,
knycht, Maister Johne Hepburn of Benston, Eobert Maxwell, and vtheris diuers, etc. And this
contract to haue effect als weUl for kynn and freyndis as for thame self, etc. And gif any of the
saydis partyis desyris this contract to be maid better or sickarrar, it salbe extendit in the best
forme, at the will of the party requirand, etc. M5geaeet Lady Sinclee, with my hand at the pen.
William Scott of Baluery, Knycht, manu propria.
Ita est M. Walterus Grot notarius publicus, manu propria scripsit.

408 ROBERT MAXWELL,

(3.) Inventoeies of the effects of Eobert Maxwell, Bishop of Orkney, in Edinburgh and in
Orkney, at the time of his death in 1540.
I. — In Edinburgh.
The entrece and inwytour of my Lord of Orknayis geyr now in Edynbwrght, at Witson
day the zeir of God ane thowsand fyif hundretht and xl zeiris.
The Kytching.
In primis, twa dosan platis ; item, ane dosan dissis ; item, ane dosan sawsaris ; item, ane
dosan trwnsouris ; summa v dosan wesschell. Item, fowr panis, thre hail and ane aid ; item, in
pottis, fowr and ane posuet, and thre hais hoillis ; in spittis, ij ; in irn chymlayis, j ; in tangis, j ;
item, ane waiter twb ; item, ane dressyng burd. The Pantre.
Item, twa flacatis ; item, twa tyn quartis, and ane tyn pynt ; item, thre dorynwoick barclathis
for my lordis bwrd ; item, thre lynnyng barclathis for my lardis bwrd ; item, thre lynnyng bar
clathis for the syid bwrd ; item, fowr towallis to the hee bwrd ; item, braid serwiattis, vij ; item,
in small serwiattis, xxiiij ; item, ane salt fact, and sax silwer spwnys ; item, in lynning copbwrd
claithis, ij ; item, an aid rewyn dornyk copbwrd clatht ; item, in creym stowppis, iij ; item, chan-
laris, ij ; item, in coppis, viij ; item, the cheis that my Lord Lyill praset to my Lord ; item, ane
pwnsyoun to keip b and twa bd- in it ; item, ane fedder bed and thre coddis ; item, ane arres
work. The Ladynner and SeUar.
Item, ane berrell with part of wergis ; item, in aU, xv quartis ; item, ane steip twb.
The StabiUis and Zowngis compt.
Item, ane sadill with ane welwat harnessing gilt with gold ; item, ane wattryng new brvdUl •
item, ane hors kaym ; item, ane howssing gyrt ; item, ane hors coUar ; item, ane hors hows ;
item, ane ledder tee ; item, ane ledder cwrpall ; item, my lordis new bwittis ; item, ane payr of
spwris. The Chammyr abwyn the Hall.
Item, sewyn haUl speyris, and ane brokyn speyr, and iiij of tha heiddit ; item, ane sewin-
sadiU. The Hall.
Item, ane bancour on the hee bwrd ; item, ane syid bwrd with stand and brandres with twa
fwrmis ; item, ane hyngand flowr ; item, ane wessing basing of glas ; item, ane brasyn basin ;
item, ane fwrm afoyr the hee bwrd.

BISHOP OF ORKNEY, 1470-1540. 409
The Oritour abwyn my lordis chammyr.
Item, ane alter with ane cwrting abuyn the alter ; twa towallis, ane ch alles, and ane pax •
ane mes bwyk, ane latrane, ane ab, ane chesabill, ane amet, ane stoill, ane fannon, ane corporall,
ane frwntall, ane alter stayn, ane fwrm ; item, twa Franche cofferis contenan, into the fyrst,
viij sarkis, ane dowbillat of sating, ane vnyter, the sank on ane staf, on ower bayn, twa portewssis,
fowr armis of my Lord Lenox ; item, in the toder coffer, in primis, ane hwid of chamlet of silk, and
ane chammyrris of sylk ; ane quarter of rissillis, blak ; twa payr of blak hois ; ane reid bwkram
claitht abowt the chammyrris ; thre ell of blak welwat ; half ane ell of blak sating ; ane chyir ;
ane hynging arres work on the wall ; ane kyst with writtingis of Cardonall ; ane payr of brokin
organis ; ane maill ; fowr poillis ¦ of the cofferis ; ane haly waiter fact ; ane pig with wyn to the
mes ; thre payr of schoyn ; ane sacryng bell ; ane glassing lawwer that keippis waiter to the mes ;
ane peis of glas ; ane challeis dispendit of tyn ; ane tabernakyll of the crucifeis ; ane paper
wantin the crusifix, with gloria in excelsis Deo ; ane corporall cais of wiolat chamlet ; fowr torchess,
etc. ; ane arres work, etc. My Lordis Chammyr.
Item, ane schring, with twa cowppis of silwer with twa cowerris, dowbUl gUt, with casis
efferan thair to ; ane silwer cowp with ane cwyr ; ane gown of damas lynit with martrikis ; ane
kyrtill of wiolet chammyUet, lynit with fwnzeis ; ane payr of cwrtyngis of wariant tapheteis, ane
payr chemyrris of tanny chamlet, lynit with bukram ; ane ryding coit lynit with blak gra of
chergis ; ane box of my lordis, with diueris thingis ; ane copbwrd claitht of alix1- ; the lyning of
ane hwid of greis bordowrrit with martrykis, part of blak fwrring, with ane breid of reid saye ;
ane chais with fowr bannettis, ane bwst with ewidence of Pollok and my Lord Lennox ewidence of
Torboltown, and ane cowerring of ane eocrist in ane rwnd bwst ; Sanct Maugnus horn ; ane mwlet
bit ; v speyr heidis ; ane clois strek bed with ane foyr curting of reid, zallow, and greyn of saye ;
twa fedder beddis, twa bowstaris, fowr coddis, thre payr of blancattis, ffyif hyngaris ; ane reid
cofferr with small geyr and wrettingis ; sax qwissanis, ane litill qwissan ; iiij payr of scheittis ;
twa arrasis, twa payr of plaiddis ; ane hwid of crammase sating, lynit with spottit arme ; ane hwid
of blak welwat lynit with mynnywar, bordourrit with spottit arme ; ane blak mantill : ane fuyt
mantill ; ane rwnd coffer with ewidence and letteris ; ane lytiU box with my lordis stamp ; ane
spwngis with ane rwbbowr ; ane bwrd with twa crestis, with ane bancowr of Alixr- ; ane syper coffer
with my Lordis rokattis and hwiddis ; ane typpat of blak welwat lynit with spottet arme ; ane
irn chymlay ; ane payr of pantoups ; ane waiter pot of tyn ; twa chyiris ; ane dry closat ; thre
drinking werris ; twa pesis of glas, ane nycht bannet ; twa nycht cwrcheis ; ane nycht mwtht ;
twa rwbbyng claithis ; twa payr lynning sokis ; ane paper, the crwcifix ; ane hat,' and ane typpat
of blak taffatie in it ; ane blak tippat ; ane welwat bannet, and ane sating bannet ; twa chanlaris ;
ane coit of welwatt ; ane wilecoit of skarlet, and ane wilie coit of plaid ; ane payr of sokis of plaid ;
ane dowbillat of dowbill worsat ; ane cornakyll bwyk ; ane pontifical! cathena aurea ; ane new
testament ; ane wrison bwyk ; ane alter stayn ; ane cais of camis, with any caym, with ane
mwrrowr ; ane porteus ; ane fwrm ; ane blak staf ; ane habbyrschon of mailze in Bigbe Diksounis
hand ; ane kais of knyiffis in ane cwtillaris hand, that Ihon Lynsay kenis ; item, gown of Pareis
blak, lynnit with fwnzeis ; ane gown of rowand rwssat, lynit with blak bwigis ; ane bwik de vita
Cristi ; item, ane payr of blak riding cloykis, etc., ane mat ; ane tabernalyr with ane glass.
VOL. I. 3 F

410 ROBERT MAXWELL,
II. In Orkney.
Memorandum — Ane Invitour of my Lord Bischop of Orknais geir, baith of his clething, bedding,
gold, silwir work, and inspreth of his place.
Item, inprimis, viii fedder beddis with boustaris ; item, arrace workis and wardouris, tuelf :
item, in blancatis, fife pair ; item, in schetis, sax pair ; item, in coddis, xiiij.
The Bulzement.
Item, ane blak gowne of Dammas lynit with mertrix afoir and quhit lamskynnis behynd, etc. :
item, ane gowne of Paris blak, lynit with funzeis afoir and quhit lamskynnis behynd ; item, ane
gowne of rowane russat, lynit with blak lamskynnis ; item, ane kirtill of wiolet chamlet, lynit
with funzeis afoir and quhit lamskynnis behynd ; item, ane chemeis with ane hude of wiolet
chamlet of silk ; item, ane riding chemeris of tanny chamlet, lynit with blak bukrame ; item, ane
hugtone of blak welwet without slefis ; item, ane hugtone of sergis without slefis ; item, ane
dowblet of blak sating ; item, ane dowblet of sergis ; item, ane wUycoit of Demegrayne ; item,
twa pair of blak hois ; item, thre side nekkit preistis bannettis ; item, ane tippet of blak welwet,
lynit with spottit armye ; item, ane wder tippet of auld blak taffiteis ; item, ane hat of blak
welwet ; item, ane furryne of blak lamskynnis of ane riding gowne ; item, ane curtein of wariant
taffiteis of ane bed ; item, thair is four pair of say courteins of reid, grene, and zallow ; item, thair
is iij bankowris for burdis, and ane copburd bankour ; item, thair is sax pokkettis ; item, ane hude
of crammesy sating bordorit with spottit army, and ane hude of blak welwet lynit ; item, in sarkis
nyne ; item, thair is nyne cussanis, and twa welwet bannettis ; item, of blak welwet, nyne quarteris ;
item, of new blak sating, sewin quarteris. The Keching.
Item, sax brasyne pottis ; Inde ane pot of x quartis ; ane wder sevin quartis ; ane wder sax
quartis and half ane gallone ; ane new pot, half ane gallone ; ane wder, ane pynt ; item, tua irne
pottis, inde, ane ane gallone, ane wder half ane gaUone ; item, fife pannis, inde tua, ilkane fife
quartis, wder tua, ilkane ane gallone, and ane three pyntis ; item, in powder weschell sax dosane, inde,
in plaittis, xxvni, inde xv Inglis plaittis, and xiii Scottis plaittis ; inde, in brokin ; item, in trun-
schouris, fiftene ; item, in sawsaris, xix in gret and small ; item, in dischis xi, inde sevin IngUs
and four Scottis ; item, in spittis twa lang spittis ; item, twa dowble rakis ;¦ item, ane ladiU, ane
tangis ; item, ane chanlaris, aucht etc. The names of the Bukis.
Item, ane prent pontificall ; ane small text of ane pontificall ; item, ane auld writtin ponti-
ficall ; item, scrutinium scripturarum ; Cathena aurea sancti Thome ; item, psalterium cum com-
mento Edwardi episcopi ; Biblia in pergameno scripta ; ane Inglis buke of goweir ; ane Inglis buke
of the historeis and Sanctis Uffis, and storeis of the Bible ; item, the CornakiUis.
The silwir Weschell.
In primis, ane cowp, and the cower dowble ourgilt, extenden to thretty four wnce, etc. ; item,
ane wder less cowp, and the cower dowble gUt, extenden to twenty sevin wnce and ane half wnce ;

BISHOP OF ORKNEY, 1470-1540. 411
item, ane siluer stoip, with ane lid, extenden to thretty ane wnce and ane quarter ; item, ane gob
let with ane lide, twenty fife wnce and ane half wnce ; item, ane litiU goblet with thre feit, without
ane lid, x vnce and a quarter ; item, ane siluer salt fat, without ane cower xj wnce ; item sax
siluer spwnis— ten wnce ; item, ane masar and salt fat, with ane cower, extenden to twenty sevin
wnce ; item, ane corss of gold, and ane goldin ring with stanis and peirlis, extenden to alevin
vnicorne wecht. The Napre.
Item, thre dornyk burd elathis ; item, four lang towellis ; item, fowr braid serwiattis ; item,
in small serwiattis, sax ; item, in houshald burd elathis, fife ; item, in flakattis of tyn, iij • item in
stowppis of tyn, nij quartis and ane pynt ; item in coffins, iij ; item, ane litiU rownd coffir ; ane
reid coffir; ane last; item, ane litill kist of cipir; item, hugtone coit of tanny grance ; item, ane
fut mantiU, ane harnessing, of blak welwet ; the jwntouris and bukUlis dowble our gilt with gold ¦
item, an harnessing of blak ledder ; item, tua riding sadillis ; item, thre boxis, and ane litill box ;
item, ane schell of ane leid contenan ; item, ane gret mash fat contenan ; item, mony punzonis and
barrellis. Item, in gold that, we saw, that was in ane litill purss in my lordis box.
Item, primis, fifty ane crowne of wecht ; item, sax wnicornis ; item, thre Scottis xl"- singUl
ducattis ; item, tua slicht crOwnis ; item, twa ridaris ; item, ane demy ; item, ane side coit lioun ;
item, ane half wnicorne ; item, alevin rois nobiUis ; item, tua Hary nobUlis ; item, ane soverane ;
item, four dowble ducattis ; item, ane singill ducat ; item, thretty tua angell nobiUis ; item, ane
half angell nobill, etc.
In a previous part of this volume (p. 282) there is printed an obligation by Sir John Maxwell
of PoUok to keep and answer for the silver plate of the Bishop after his death. There is still pre
served at Pollok an ancient massive silver tankard, known as the Bishop of Orkney's tankard. The
foUowing account of it was transcribed by the late Hannah Lady Maxwell : —
The Danish silver tankard has long been a reUc in the family. It was in the possession of
the Bishop of Orkney, and it was said to have belonged to his ancestors for many generations before
that period. Sir John Maxwell, uncle to the present baronet, sent it with some other sUver articles
to a Mr. Glen, jeweUer in Glasgow, about eighty years ago, 'to dispose of as old silver. Mr. Glen
returned it, and stated that, in his opinion, there was not a more ancient tankard in Scotland.
Tradition has handed down the reason of the nobs in the inside of it — that the Danes were so at
tached to drinking, and their passions so violent when drunk, that to keep them within the bounds
of temperance, any one who drank more than was contained between two of the nobs when the tan
kard was going round the table, was fined for his love of the contents.
An old butler in the family, who resided at Polloc Shaws, had this history by chance in his
possession. He was past eighty years of age when he sent this to John MaxweU, M.P., and I have
put it in this inventory book that it may not be lost. Nov. 4th, 1827. — H. A. M.

412

D'ARCY BRISBANE, LADY MAXWELL.
1738-1810.
A sketch of the life and character of this distinguished Christian lady
appeared in the "Wesleyan Methodist Magazine" for the year 1816. The
next printed memorial of her was by Mr. Eobert Bourne, who, in 1819, pub
lished " A Christian Sketch of Lady Maxwell,"1 which contains much that is
included as original matter in the later biographies. After the lapse of three
years, the Life of Lady Maxwell was published by the Reverend John Lancaster,
Wesleyan minister at Edinburgh, in two volumes duodecimo. The work sold
rapidly in this country, and soon passed through several editions also in
America. A new edition being called for, the work was reissued by Mr.
Lancaster in one large volume, octavo, in 1826. This second edition of Mr.
Lancaster's work was enriched by additions and illustrations, derived from
Dr. Jones's then recently published Life of Lady Glenorchy, with, whom Lady
Maxwell was long on the most intimate terms, and was appointed her exe
cutrix, and the custodier of all her papers. This edition having become
exhausted, and its author having died, a new edition, abridged and revised,
in one volume, was published by the Reverend William Atherton, in the year
1839.2 This new edition being easily accessible to all, it were unnecessary,
even though space permitted, to give any lengthened account of her in the
present work. At the same time it seems desirable to give a few particulars
concerning so eminent a Christian, who is such an honour to her own and her
husband's families.
D'Arcy Brisbane, Lady Maxwell, was the youngest daughter of Thomas
Brisbane of Brisbane, in the parish of Largs and county of Ayr, and Isabel,
his wife, daughter of Sir Thomas Nicolson of Kemnay and Ladykirk, by Mar
garet, daughter of Sir Thomas Nicolson of Carnock. D'Arcy Brisbane was born
in the year 1738. She received the first portion of her education under the
parental roof, at Brisbane House, but was afterwards sent to Edinburgh for
1 Hatchard & Son, Piccadilly, London, small 8vo, pp. 102.
2 John Mason, 14, City Road, London, pp. 491.

DARCY BRISBANE, LADY MAXWELL, 1738-1810. 413
its completion. Even at this early period that amiability and dignity of char
acter, for which she was so distinguished in after life, had begun distinctly to
manifest themselves. When a mere child, she took the greatest delioirt in re-
- &
lieving the wants of the poor, and sometimes stripped herself of portions of her
own dress to cover tattered and shivering children. And when at school in
Edinburgh, such were her sharpness of intellect, elevation of spirit, and dignity
of bearing, that even then she overawed her associates, or commanded their
respect. From Edinburgh Miss Brisbane was removed to London, where she
resided with her aunt Margaret Marchioness of Lothian, and was presented at
Court, and introduced into the first circles of rank and fashion. Her stay in
London, however, was short. Lady Lothian died in 1759 ; Miss Brisbane
returned to Scotland, was married in the following year to Sir Walter Max
well, and within two years she was bereft both of her husband and their only
son, as already related in the memoir of them. When these severe afflictions
came upon her, she was only twenty-three years of age ; and when the death
of her infant son was announced to her, after a silent struggle with the feel
ings of nature, she said, " I see God requires my whole heart, and he shall have
it." This resolution her Ladyship was enabled to keep. From that time on
wards her life was entirely devoted to works of unostentatious piety and use
fulness. Living chiefly in Edinburgh and its neighbourhood, and being then
in the bloom of youth, favoured, with a person cast in nature's finest mould,
possessed of a mind superior both in its character and its culture, capable of
raising admiration and esteem, as was to be supposed she had many offers of
marriage through which she might have elevated her rank, and allied herself
with some of the best families of the country. But except with regard to one
offer, and that for a very short time only, it is believed she never once enter
tained the thought of relinquishing her state of widowhood. Her affections,
as well as her time and talents, were henceforth all to be devoted to the great
object of her Hfe, that of being good and doing good.
At one time, however, all her Ladyship's schemes of benevolence and bene
ficence were very nearly being brought to an abrupt and premature close, by an
accident of an appalling nature, which to her, considering the circumstances of
her last bereavement, must have been very affecting. We allude to the falling
of the old North Bridge of Edinburgh on the 8th August 1769. Her Ladyship

414 D'ARCY BRISBANE, LADY MAXWELL, 1738-1810.
had passed over the bridge going to chapel, about four hours before the acci
dent, and she was within less than five minutes' walk of repassing it, when the
dreadful catastrophe occurred. In a moment, she says, a terrible noise filled
the air. It seemed as if the pillars of nature were giving way. Instantly the
cry resounded, " The bridge is fallen." Amazement and fear sat on every
countenance ; each one dreading his own loss.1
In the year 1770, her Ladyship established a school in Edinburgh, for
the gratuitous instruction of poor and neglected children. It proved very
successful, and the benefits that accrued from it were so manifest, that though
her Ladyship kept the management of it entirely in her own hands, she was
liberally supplied from various quarters with pecuniary aid for its support.
Feeling her health somewhat enfeebled about this time, Lady Maxwell went
to reside at Saughtonhall, where the poor and neglected in the country found
in her the • same kind counsellor and ready helper which the needy of the
metropolis had experienced her to be. About this time, too, she became
acquainted with the famous Lady Glenorchy, and new projects of benevolence
and works of philanthropy, such as the opening of the chapel in Niddry's Wynd
in 1770, for the preaching of ministers of all denominations, were the result of
their united counsels.
Part of Lady Maxwell's correspondence with her sister-in-law, Miss Max
well of Pollok, has been preserved at Pollok. The two following letters, being
on her favourite theme, and not previously printed, are selected : —
" Edinburgh, August 30, (17)72.
" My dear Madam, — I must not doubt your veracity, and yet, if you had not said it, I
should not have supposed my letters were agreeable ; not because of the subject of them, for that,
I believe, you love ; but yet it is in itself so noble and grand, my pen can do it no justice. Bather
as be able to excell in this way, I should wish to have a heart truely changed by the renovating
power of grace, and continually under the sweet influence of the powerfull attraction of Divine love,
which would produce a Ufe arid conversation in some measure becoming the gospel. This is the
most perswasive language to the world, and of the greatest consequence to the happy possessor. At
the same time, I believe, when the love of God is truely shed abroad in the heart, the tongue can
not be altogether silent, but will endeavour, tho' a stammerer, to set forth the praises of Him who
hath called them out of darkness into his marveUous light ; and upon this account Satan bends all
his force against the soul's obtaining and maintaining a clear and constant sense of its interest in
the Lord Jesus, — well knowing that while this great matter hangs in doubt, we can neither be
lively nor comfortable Christians. But surely it is the privilege of all that sincerely seek the Lord,
1 Diary, under date 8th August 1769. Life, by Mr. Atherton, p. 62.

DARCY BRISBANE, LADY MAXWELL, 1738-1810. 415
to find him, and rejoice in him. Oh what a source of consolation is Jesus to the believing soul !
when. by faith we can say, 'The Beloved is mine, and I am his.' We then walk with him and
converse with him as a man with his friend
' My Jesus to know, and feel his blood flow,
'Tis life everlasting, 'tis heaven below !'
This is the happiness that real religion imparts to the soul that is possessed of it, in the oracles of
truth term'd righteousness and peace and joy in the Holy Ghost. My dear Madam, may you and
I partake of this : What less can satisfie the desires of an immortall soul, what less can give solid
peace and satisfaction in this world of sorrow, sin, and disappointment 1 But don't think this
is the language of a heart made peevish thro' repeated affliction and disgusted with the world :
Oh, no ; by the wise appointment of unerring Providence I have no doubt drank deep of that bitter
cup, and thereby suffered till I sinfully thought I could suffer no more ; but I bless the Father of
mercies who enables me to say in some measure from my heart, Not my will, but thine be done : I
now feell in a small degree the truth of the poet's words : —
' And, oh ! what cannot resignation do ?
It wonders can perform ;
That powerfull charm, Thy will be done,
Can lay the loudest storm.'
'' Having tasted that the Lord is gracious, which affords a joy infinitely superior to what the
world can give, I feeU little or no thirst for anything it can bestow. But I forget where I am
runing, and must have done. I have wrote with much freedom, but believe I am safe with you.
I thank you for being interested about my health, which is of little consequence, yet have reason to
be thankful it has been pretty good since I came to this house. My mother and sister also are well,
and return best compliments to Mrs. Montgomerie and you. I'm pleased to hear she and all our
friends are well : Adiew, my dear Madam. — Believe me, sincerely, your affectionate sister,
" D. Maxwell."
""Coates, 10th May (17)85.
" My dear Miss Maxwell, — It is long since I had the satisfaction of hearing from you .
Perhaps in this I am to blame, but tho' so long silent, my regard and esteem continues the same.
The mournful event that has befaln calls forth my pen to express my concern for and sympathy
with Mrs. Montgomery and you, which I do most sincerely : My own heart has bled afresh on this
melancholy occasion : It has proved the means of recalling, with more keen distress than I can
easUy express, what I suffered upon a simUar occasion, and what to my latest moments will prove a
source of sorrow ; yet, I hope, with resignation to the Divine wUl. The Most High cannot err in
any of his dispensations towards his creatures, and it is their privUege not to choose. Afflictions
are a painful medicine to the human heart, but they are often productive of lasting good : I hope I
am in some small measure a witness of their salutary effects when sanctified : By these I have been
made to know myself, to know my God, and made, thro' abounding mercy, a happier partaker of
what I would not exchange for ten thousand worlds. I sincerely pray that your sister and you
may share largely of these Divine consolations in this season of distress, and that the hopeful children
may be the peculiar charge of heaven : With kind love to Mrs. Montgomery, I remain, my dear
Miss Maxwell, your affectionate sister, etc.,
"Darcy Maxwell."

416 D'ARCY BRISBANE, LADY MAXWELL, 1738-1810.
After Lady Glenorchy 's death in 1786, Lady Maxwell's duties were very
much increased, and the sphere of her usefulness greatly enlarged. Lady
Glenorchy appointed Lady Maxwell her executrix, and so devolved upon
her the onerous task of superintending all her extensive charities. But she
also left her what proved to be a considerable increase of fortune, and so sup
plied her with what she so ardently wished for, the means of doing more good.
Accordingly, in addition to going to England, visiting Hope Chapel at Bristol,
and attending to other duties pertaining to her as Lady Glenorchy 's executrix,
Lady Maxwell now vigorously set about the establishment of Sabbath schools,
and the performance of other additional works of benevolence in Edinburgh. In
deed, so ardent was her desire of doing good, of administering to the wants of the
poor and needy, that by plainness of dress and frugality of living she saved all
that she possibly could solely for the purpose of giving. During a great dearth
and scarcity of provisions, which took place in consequence of the failure of the
harvest in 1799, when her own household expenditure was necessarily increased,
and when the cries of the poor became more distressing, her biographer tells
us that she sold her carriage and horses to enable her to meet the necessities of
the poor and destitute. Indeed, all that she could do, both in the way of saving
and of giving, she did to the very uttermost, so that there was scarcely a humane
institution, or a private or public charity, whether for the repose of age, or the
instruction of youth ; the relief of indigence, or the help of sickness ; for the
reformation of morals, or the spread and support of religion : from which she
did not receive applications, and to which she did not contribute. She erected
and supported the school already mentioned, in which, at the time of her death,
about eight hundred children received a good education, and each a copy of
the Scriptures on leaving the school. And such were the encouraging effects
produced by this school, that her Ladyship was induced by will to provide for
its permanent continuance. As she was prepared for every good work, the
subject of her charities is an endless one. Could the dead arise, and would the
living speak ; the poor she has helped, the sick she has relieved ; the orphans
protected and the friendless assisted ; embarrassed honest tradesmen that she
raised above difficulty, modest merit which she brought into notice ; the youth
which she instructed and set out in the world ; could these or would they
speak, an army would rise to bless her memory.1
1 Life of Lady Maxwell, p. 127.

D'ARCY BRISBANE, LADY MAXWELL, 1738-1810. 417
Lady Maxwell died in her house in Castle Street, Edinburgh, on. the 2d
of July 1810, and was buried in the Greyfriars' Churchyard, where there is
erected to her memory a monumental tablet, with the following inscription : —
SACRED
TO THE MEMOEY OF
DAME D'AKCY BRISBANE,
WIDOW OF
SIR WALTER MAXWELL, OF POLLOK, BART.,
AND YOUNGEST DAUGHTER
OF THE LATE
THOMAS BRISBANE, ESQ., OF BRISBANE,
DIED AT EDINBUEGH
JULY 2D, 1810.
Who was equally distinguished for her exalted piety,
benevolence, and Christian virtues, as she was
for her amiable disposition and dignified
manners. Proverbs xxxi. 29.
Now she has dropp'd her cumbrous clay,
And joyful soars the shining way ;
While kindred spirits spread their wings,
And bear her to the King of Kings.
Long had she known the Saviour's love,
And fixed her heart on things above ;
Long had she run with even pace
A useful, — not uncertain race.
With various gifts and graces fraught,
By the unerring Spirit taught,
She warn'd, allured, with fervent zeal,
Nor dared religion to conceal.
And now she shines in endless light,
In all her Father's glory bright ;
A spotless robe to her is given,
And all the glorious joys of heaven ;
She sees, with joy, her Saviour's face,
And sings the triumphs of his grace ;
Then casts her crown before his throne,
And glory gives to God alone.
This Monument is erected by her Nephews and Trustees,
Colonel Brisbane of Brisbane, and Archibald
Swinton, Esq., W.S., as a mark of
their affectionate regard.
VOL. I. 3 G

418

BARBARA MAXWELL-MRS. GrREVILLE EWDTG.
1773-1828.
A memoir of Mrs. Ewing, by her husband, was published in 1829, the
year after her melancholy death. As that volume is accessible to all, we must
refer to it for details as to Mrs. Ewing's life and character. The following
brief notice of her seems all that is necessary to be inserted in the present
work. Barbara Maxwell was the second daughter of Sir James Maxwell of
Pollok, Baronet, and Frances Colhoun Lady Maxwell. She was born on the
20th December 1773, and was educated partly at home, partly in Edinburgh,
and in London. Barbara Maxwell was marked, from a very early period, both
for strength of intellect, and fervour and depth of affection. To her elder sister
Frances, afterwards Mrs. Cuninghame of Craigends, she was ardently attached
and looked up to her as her guide in everything. Her affection for her
father, of whom she was bereaved when about twelve years of age, was intense,
even at that early period. Sir John Shaw Stewart, her stepfather, proved a kind
parent to her, and was in return loved and obeyed with purest affection. And
her ardent, faithful, and unwearied love to her affectionate mother was manifest
to all. With such amiable dispositions, it is not to be wondered at that Barbara
was very much beloved by all that were about her. Her nurse may be men
tioned as a case in point. Being a widow, her nurse had continued with her
during the whole period of her childhood, till Miss Barbara was about to be
committed to the charge of a governess. The nurse was much esteemed in the
family, and it was proposed thenceforth to retain her as housekeeper. This the
nurse herself at first declined, through dread of the responsibilities. But find
ing that she could not remain, unless by accepting the office, she at last said,
"Bather than leave my bairn, I will be housekeeper, and do the best I can."
The governess, too, who thus supplanted the nurse, became an intimate friend
of Miss Maxwell.
On the 15th November 1802, Barbara Maxwell was married to the
Reverend Greville Ewing, minister of the gospel, in connexion with the Con-
gregationalists or Independents, at Glasgow. In thus becoming the wife of a

BARBARA MAXWELL— MRS. GREVILLE EWING, 1773-1828. 419
Christian minister, she seemed to be both fully alive to the duties and re
sponsibilities of the position in which she was placing herself, and peculiarly
fitted for the discharge of them. To encourage, to aid, and co-operate with
her husband in the discharge of his varied and important duties, she at once
made the business of her life ; and how admirably she accomplished this
object has been recorded by her husband himself. He says that when, in the
providence of God, he obtained that union with her, which had proved the
great solace of his life, and one of the greatest advantages to his ministry, he
was aware of her distinguished Christianity, good sense, good temper, and
captivating manners ; but that he had no idea of the number and degree of
the other valuable qualities in which she so much excelled. The sick, the
poor, and afflicted received her peculiar care and attention. Her business
habits were accurate, and her powers of management very great ; and while
she incurred no expense needlessly, she spared none where the interests of
religion and humanity were concerned. For upwards of twenty years Barbara
Maxwell thus continued an able coadjutor to her husband in his important
duties. During that period they made frequent excursions to various parts
both of the north and south of Scotland, and also to different parts of England,
partly for the sake of health, but chiefly in connexion with the great work
with which they felt themselves charged. In this way they visited in one season
Ayrshire, Dumfriesshire, and Galloway ; and in another, Caithness, and the
north of Scotland. In the year 1824, they visited Durham, Cambridge, and
London, with a view of obtaining subscriptions to aid them in their missionary
operations in the Highlands. In the summer of 1828, Mr. Ewing was in
rather delicate health, and various little family excursions were planned for
recruiting his stength, and bracing him up for the duties of the following winter
session ; and it was during one of these excursions that Mrs. Ewing met with
the accident that resulted in her death. They had been at Arran, where Mr.
Ewing had greatly enjoyed himself, and whence he had returned with his
health much improved. One other excursion, to the Falls of the Clyde, had yet
to be made. On Wednesday morning, 10th September 1828, after committing
themselves to God, they stepped into the coach, accompanied by Mr., Mrs.,
and Miss Cathcart of Pitcairly. Nothing remarkable occurred during the
first part of the journey. They breakfasted at Wishawtown. Meantime, the

420 BARBARA MAXWELL — MRS. GREVILLE EWING, 1-773-1828.
weather, which in the early morning had been dark and showery, had become
fine, and the carriage was thrown open that they might the better enjoy
the romantic scenery in the neighbourhood of Lanark. They passed along
the many slopes of the road in the high grounds overlooking the house
of Lee. At the bridge across Cartland Craigs they left the carriage, and
walked to the usual place for taking a view of that wonderful ravine. On
arriving at Lanark, they ordered dinner at the inn, and while it was preparing,
proceeded with the carriage to have a view of the Falls of Corehouse and
Bonnington, and also of the mills of New Lanark. Entering the Bonnington
avenue, they had passed the first gate, and were within three minutes drive of
the second, where strangers put down their names and proceed on foot to view
the Falls. They were now on a descent, on the edge of a steep bank, and
the driver was proceeding slowly, as he had been desired. On beginning to
descend, Mrs. Cathcart proposed stopping and getting out ; but Mrs. Ewing
said it was too late to stop now. Suddenly the two men on the box uttered a
scream, and in an instant the coach was rolling down the embankment, crush
ing and bruising more or less severely all its occupants.
Mrs. Ewing was the most severely, and, as it proved, fatally hurt. Her
right leg, says her husband, was broken close by the ankle, the leg bone pro
truding far through the skin ; the foot out of its place, the bone fractured, the
flesh lacerated, and the blood streaming. The sufferers were removed to Brax-
field House, where Mrs. Ewing's limb was set, and everything that medical skill
could suggest was done for her relief. The day following she had some sleep,
and considerable mitigation of pain ; and next day she was visited by her
brother, Sir John Maxwell. On Saturday, the medical men became uneasy.
In the evening mortification had commenced. In the morning, after a con
sultation, Dr. Anderson told Mrs. Ewing that they had no hope. After this
solemn announcement, she improved the short time that remained to her, by
assembling the family round her bed, that she might make known to them her
dying faith and hope. At noon of the Lord's-day, 14th September 1828, she
died, aged fifty-five. According to her own dying wish, she was buried in
the Pollok vault at Eastwood, on the 20 th of that month.
Mr. Ewing survived Barbara Maxwell about thirteen years. He died on
Sunday, 1st August 1841, and, according to the dying wishes both of himself

BARBARA MAXWELL — MRS. GREVILLE EWING, 1773-1828. 421
and Mrs. Ewing, he also was buried in the Pollok vault at Eastwood, on 7th
of the same month.
A valuable Memoir of Mr. Ewing, written by his daughter, Mrs. Matheson,
was published in 1843, to which we refer the reader for further particulars re
garding both him and Mrs. Ewing.1
The following tribute to the memory of Mrs. Ewing was written by Mr.
Bernard Barton, a member of the Society of Friends, well known for many
excellent poetical works. The lines were contributed to be engraven on mourn
ing cards, and presented to the Sale of Ladies' Work at Edinburgh, in March
1829, for the support of the preaching of the Gospel in the Highlands and
Islands, in which Mrs. Ewing took an interest : —
" She being dead, yet speaketh."
When sets the sun — his parted splendours fill
With glowing brightness all the western sky ;
When fades the rose — its ling'ring fragrance still
Tells that its sweetest charm can death defy.
E'en so, departed saint ! should thoughts of thee
Survive thyself, our sorrows to reprove ;
With angel tongue thy witnesses to be
In every work of Faith, and Hope, and Love.
Thy haUow'd memory, and thy spotless name,
Thy fervent piety, and fearless zeal ;
These stiU should advocate each Christian aim,
And yet for charity's blest cause appeal.
Thus from the grave thy voice may now be heard,
Pleading on earth for heaven's eternal bUss ;
And human hearts, by thy example stirred,
Rejoice to labour in a task like this.

Bernard Barton.

Woodbhidge, Suffolk,
1st Month, 24th, 1829.s

1 John Snow, Paternoster Row, London, 8vo, pp. 672. professed believers in Christ, were printed in 1835 :
Letters to a Friend, by Mrs. Ewing, before her mar- Small 8vo, pp. 16. Glasgow: George Galhe
riage, on conformity to the world, attending public 2 Memoir_ of Barbara Ewing : By her Husband,
places, card-playing, and other sinful compliances, by Greville Ewing, p. 137.

422 BARBARA MAXWELL— MRS. GREVILLE EWING, 1773-1828.
The following verses were written by Miss Harriet Anne Maxwell, on
Monday, 2 2d September, when her mother, Lady Maxwell, visited Mrs. Ewing's
grave : — Here rests with her fathers, aU calmly reposing,
As fervent a Christian as ever had breath,
Who parted so gently with life at its closing,
It seemed to be only the semblance of death.
No hero in ancient or modern story !
No warrior panting for honour and fame !
No scholar who dreaded to tarnish his glory !
E'er yielded up life with a steadier frame.
The fiat went forth and the spark was extinguish'd,
In triumph of joy, through the faith she possess'd ;
And those she most lov'd in a moment relinquish' d,
With pray'rs that they aU might be found with the blest.
No epitaph praises, no marbles adorn her,
With sculpture and song to emblazon her birth ;
The poor and the helpless they miss and they mourn her ;
The sick and the sorrowful tell of her worth.
'Twas not an ephemeral kindness that perish'd,
Or owed its existence to effort and toil ;
'Twas not an exotic that needs must be cherish'd !
The flower was indigenous, sprung from the soil.
So boundless her love for the whole of creation,
She had not a blessing too great to impart ;
She would have spread knowledge from nation to nation,
And told them of Jesus, the hope of her heart.
For if there was ought that unusually brighten'd,
Her radiant eyes with her happiest smiles ;
It was when the Christian soldier enlighten'd,
Or planted the standard of Christ in the Isles.
Her song was redemption ! and now she is reaping
The fruits of her faithfulness, ardour, and worth ;
Her ashes in peace with her ancestors sleeping,
Her spirit with Him whom she worshipp'd on earth.

BARBARA MAXWELL — MRS. GREVILLE EWING, 1773-1828. 423
In the memoir of Greville Ewing, before mentioned, reference is made to
the severe and hopeless sufferings of Miss Maxwell of Pollok, as one cause of
his latest sorrows. At the time of his death, those sufferings still continued.
His daughter adds : — " How much this circumstance enhances the value of the
communication which follows, I leave the reader to judge. It possesses, like
wise, all the interest of a dying testimony to the truths of the gospel ; as the
writer was also, within a very short period after their date, ' gathered to the
place of her fathers' sepulchres' : —
" My dear Mrs. Matheson, — I think it probable that a memoir of your late dear and dis
tinguished father wiU be published ; and I cannot withhold the only tribute of respect I am able
to pay to his memory. I dedicate the enclosed lines to you, and with kind remembrances to Dr.
Matheson, I remain, yours very sincerely, " Harriet Maxwell.
" Pollok House, AuguBt 1841."

To the Memory of the late Rev. Greville Ewing.
You have join'd her again, whom you cherish' d on earth,
And your ashes are laid near the spot of her birth ;
You have pass'd through the portal of sorrow and gloom,
And you quietly rest in her ancestors' tomb.
Your warfare is ended — your trials are o'er,
The pangs of remembrance shaU haunt you no more ;
You have met your Redeemer himself in the skies,
And the tears are already " aU wiped " from your eyes ;
And welcomed by thousands, who heard from your voice
The message of mercy, that bid them rejoice ;
Uniting their music, which never shall cease,
They glorify God for the Gospel of peace.
And now with your noble companion and friend,
The sweet hallelujahs together ascend ;
Divested of weakness, delivered from pain,
You can cheerfully sing of " the Lamb that was slain."
Thus honour'd for ever, in regions of light,
Your harps are in tune, and your garments are white ;
Yet trusting in Him for salvation alone,
You have cast both your crowns at the foot of His throne.

424

HANNAH ANN GARDINER, LADY MAXWELL OF POLLOK.
1788-1841.
This lady was the only daughter of Captain Eichard Gardiner of Mount
Ameha, in the county of Norfolk, by his wife Miss Bromhead of Thurlby, in
the county of Lincoln.
Captain Gardiner was an officer in the 4th or King's Own Eegiment of
Foot, and was present at the capture of Guadaloupe, in the West Indies. Of
that event he wrote a narrative ; and he was also author of several articles on
the political parties of the day. He died on his passage home between Guada
loupe and St. Kitts, and was buried at sea.
His father, the Eev. Dr. Gardiner of Aldborough, in Suffolk, grandfather
of Lady Maxwell, died in the year 1770, aged 68. His death was caused by
his having been inoculated, in an attempt to encourage his flock to adopt
that precaution against small pox.
Lady Maxwell was born at Swaffham on 13th October 1764, and was
married to Sir John Maxwell in the year 1788. During the half century and
upwards of her married life, Lady Maxwell enjoyed the greatest happiness with
her husband and children. She was of a cheerful and lively disposition — very
amusing in society, and possessed considerable powers of composition, both in
prose and verse. The following letter of thanks was sent by her Ladyship to
the PoUokshaws Eoyal Arch Lodge of Freemasons, in answer to an address
from them, on 12th May 1831 : —
I beg leave to return my thanks to the Masonic Body of the Polloc Shaws Royal Arch Lodge
for the honor they have done me in presenting an address, by the hands of their respectable deputa
tion, and for their expressions of satisfaction at the reception they met with, in the absence of Sir
John Maxwell on Monday last.
I feel much gratified at the flattering eulogiums bestowed on myself and daughter, but still
more by the just appreciation of the consistent political career of my husband and son. The latter,
at the earnest request of the freeholders, is now standing for the county of Lanark. If he fails he
has shown his sincerity in the cause of reform ; if he succeeds, he will support it, and add another
Unk to the great chain that unites a free and loyal people with a generous, gracious, and beloved
sovereign.

HANNAH ANN GARDINER, LADY MAXWELL, 1788-1841. 425
I take this opportunity of acknowledging my deep sense of the honor conferred on this family
by the visit of so many hundreds of our friends and neighbours on Monday evening, and the pecu
liar distinction of mingling the Maxwell arms and the Maxwell motto with flags decorated in honor
of King WiUiam, and upholding his enlightened, honest constitutional principles.
My friends, I am neither a member of the Cabinet Council, nor the Royal Arch Lodge, but I
am the daughter of a Freemason, and the mother of a Freemason, and I desire nothmg more than
to behold the King, the nobility, the gentry, and the people form one grand edifice, where every prop
is of consequence, — where every stone is of value, — where the foundation is sound, and the super
structure solid, and where the whole is cemented by that brotherly love which distinguishes the
Freemasons over aU the civilized world.
Polloc, May the 12th, 1831.
In the following year, during the candidature of her husband for the
representation of the town of Paisley, after the passing of the Eeform Act,
Lady Maxwell and her daughter received a kind reception from the electors.
She thanked them in the following letter : —
Gentlemen, — I beg leave to return my most grateful thanks for the polite and kind recep
tion I have experienced this day. The honour you have conferred on my daughter and myself
can never be forgotten while I have life, and will ever be cherished as one of my most pleasing
recollections. But above aU other testimonies of your favour do I prize your just appreciation
of Sir John MaxweU's political character, in desiring him to become your representative in a
reformed House of Commons.
Gentlemen, he is thoroughly well known to you as a consistent advocate of civil and religious
liberty, loyal to the King, attached to the constitution, devoted to the people, and your choice is
at once the evidence of his worth and the brightest reward of his long and tried fidelity.
Gentlemen, I may be supposed to be partial, but I must be allowed to say, that I have had
the honour of Sir John MaxweU's acquaintance from an early period of his life, and I never knew
him do an unkind action to any human being, or make a promise that he did not strictly per
form. I feel confident that in him you wUl reaUy be represented. Honest, upright, and perfectly
disinterested, he has no wish in opposition to yours ; and the trade and commerce of Paisley, the
prosperity and happiness of its inhabitants, wiU assuredly be his constant study and deepest
concern. If entrusted with the important charge of representing your honourable, free, and enlightened
city, the event shall be recorded with gratitude, and deposited in the charter chest beside other
valuable papers belonging to the ancestors of Sir John Maxwell — men who like himself stood
boldly forth in times of difficulty, and spared neither health nor fortune, or any other earthly good,
in defence of the tranquiUity, the rights and the liberties of the people.
Gentlemen, permit me once more to express my warmest acknowledgments for all your good
ness, and to bid you fareweU.
Lady Maxwell took pleasure in collecting everything bearing upon the
history of the Pollok family. She also made notes on several relics preserved
vol. i. 3 H

426 HANNAH ANN GARDINER, LADY MAXWELL, 1788-1841.
in the family. Among these is a necklace, which is thus described by her
Ladyship : —
The Htstory of the Blood-stone Necklace left by Mrs. Ewing to my daughter Harriet.
I wiU relate, so far as I have heard, that it has been worn by hundreds of women threatened
with miscarriage, and has in many instances been successful, as many now living are wUling
to attest. How long it was in the Earl of Hyndford's family, I know not. But the Countess left it to
her daughter, Lady Ann, who married Sir John MaxweU of PoUoc. Lady Ann left it to her
daughter, Miss Maxwell of PoUoc ; Miss Maxwell of PoUoc left it to her sister, Mrs. Montgomerie ;
Mrs. Montgomerie left it to Miss Barbara Maxwell of Polloc, who married the Rev. G. Ewing ;
and Mrs. Ewing left it, in September 1828, to Miss Harriet Maxwell of PoUoc.1
N.B. — I shaU endeavour to get a Ust of some of the ladies now living who have been benefitted
by wearing it.
Lady Maxwell formed a scrap-book consisting of several volumes, each of
such size as to be almost too unwieldy for one person to lift. A description of
the contents is given in the following lines : —
Lady Maxwell's Scrap-Book. [By Miss Maxwell.]
Here good and bad drawings are offered to view,
With an equal melange of the characters too ;
Here statesmen are jostled by Radical prints,
In which Whigs and Tories and all get some hints ;
Plants, flowers, and machinery filling the gaps,
'Twixt ladies and exquisites, poachers and traps,
Physicians and orators, greater and less,
Old fashions, new fashions, giants and dress ;
High Churchmen, Dissenters, and poets, and kings,
Soldiers, sailors ; and medals, with all sorts of things,
Then look at the volume, and may it have power,
To change a sad thought, or amuse for an hour.
In the winter of 1840-41, Lady Maxwell was a greater invalid than she
had been for several years. Her strength was much exhausted, and it seemed
as if her dissolution was not far distant. Mrs. Matheson, in her memoir of her
father, Greville Ewing, states that his visits and prayers had ever been pecu
liarly acceptable to Lady Maxwell in seasons of distress ; and as he perceived
1 By her will, made in 1841, Miss Maxwell be- The necklace consists of twelve small jasper stones of
queathed to her father, Sir John, " the Countess of the size and shape of an olive berry, in all 10J inches
Hyndiord's blood-stone necklace, being an heir-loom." long, on a white silk ribbon.

VERSES BY HANNAH LADY MAXWELL, 1788-1841. 427
her approaching nearer to eternity, his anxiety for her spiritual welfare became
more and more intense. Lady Maxwell was released from her sufferings on
the 21st May 1841. On the 27th of that month Mr. Ewing wrote to his
daughter that he had great reason to be thankful that Lady Maxwell was
enabled to turn to God in her illness, and to obtain peace with him, through
the merits of the Lord Jesus Christ ; and to give the most satisfactory evidence
of enjoying a blessed state of reconciliation, peace, and hope. The fear of death
was quite taken away, and a deep impression made on those who were about
her.1 Subjoined are several verses by Lady MaxweU. and her daughter Harriet,
on various subjects and occasions : —
Lady Maxwell to her Sister-in-Law, with Drawing of Pollok House.
My Dear Sister,
As I thought you would like to see Polloc again,
Though so oft for your presence I've sigh'd for in vain,
I send you its picture, a present from me,
To remind you of mansion, and garden, and tree.
Scenes long passed away, it will quickly recall,
Sister, nieces, and nephew, and pony, and all ;
And Castle of Cruckston, that classical spot,
So often admired, and so seldom forgot.
Since my twenty-fifth year, with my much loved Sir John,
Most happy I've been, and I still journey on ;
I've reared four dear children — two only are left,
And of them, I pray God, I may ne'er be bereft.
Yet though friendship, and love, and esteem 1 have known,
And my husband's estate been the same as my own,
I am ready to go when my Maker commands,
To " inhabit a House that is not made with hands."
Your affectionate Sister,
Hannah Ann Maxwell.
February 14th, 1835.
Lady Maxwell to her Brother, John Gardiner, 1st April 1836.
These stockings, dear Jack, I have worked for the gout,
Tho' I hope, my dear brother, you'U long do without ;
1 Memoir of Mr. Ewing, p. 586.

428 VERSES BY HANNAH LADY MAXWELL, 1788-1841.
The worsted was spun, too, on purpose for me,
To warm and to cover your foot, leg, and knee.
The night-caps, I trust, on your head you will pull,
In spite of the proverb to keep the head cool ;
And if they should please you, 'twill make the heart glad
Of your wife, such a wife, too, as never man had,
As weU as your sister, who knitted them all,
And the whole of this spring time attended a ball,
And though modesty might keep my vanity mute,
I may boast that I stiU have the ball at my foot.
And remains yours affectionately,
Hannah Ann Maxwell.

Lady Maxwell to her Brother, -with Bust of her Husband, Sir John Maxwell,
March 1834.
How d'ye do, Mr. G. % How d'ye do my old friend 1
By your sister's commands, I youf summons attend,
My dear Mrs. Gardiner ! I hope you are weU,
And will give me a corner wherever you dwell,
I'm rather colossal, I humbly confess,
But I think you will welcome me, nevertheless ;
For I've only reversed tlie old proverb we're told
That people grow smaller when e'er they grow old,
And what with the box, and the noise, and the crew,
I am heartily glad to be settled with you.
'Twas almost as bad as St. Stephen's to me,
Who am simply J. M., and no longer M.P.

On Lady Maxwell receiving a Compliment at a Radical Reform Meeting.
[By Miss Maxwell.]
Lady M., a Reformer, why surely is she
An ultra Reformer, the best in the nation,
Because she most fervently wishes to see
In all the Reformers complete reformation.

429

BRANCHES OF THE MAXWELL FAMILY.
L— MAXWELL OF BLAWARTHILL,
In the Parish of Eenfrew.

The lands of Blawarthill and Yoker are situated in the parish and county of Renfrew. As
early as the years 1452 and 1457, King James II. granted the lands of Yoker and others to
Walter Stewart of Arthurlie, by two charters, of which the following are abstracts : —
Jacobus Dei gracia rex Scotorum . . . Sciatis nos dedisse . . . dilecto nostro Waltero
Stewart de Arthurele, terras nostras de Perthwyk SimpU, cum suis pertinenciis, videlicet, terras de
Bertounluge, le ZoMr, Philpisland, cum le Rywra, cum pertinencns, iacentes in baronia de Renfrew,
infra vicecomitatum eiusdem : Tenendas et habendas predictas terras cum pertinenciis dicto
Waltero Stewart et heredibus suis de nobis, heredibus et successoribus nostris, in feodifirma et here
ditate imperpetuum, per omnes rectas metas . . . Reddendo inde annuatim dictus Walterus
Stewart et heredes sui nobis heredibus et successoribus nostris decem marcas annui redditus vsualis
monete regni nostri ad duos anni terminos vsuales, Penthecostes, videlicet, et Sancti Martini in
hieme per equales portiones nomine feodifirme tantum. In cuius rei testimonium presenti carte
nostre magnum sigiUum nostrum apponi precepimus ; testibus reuerendo in Christo patre, Jacobo
Episcopo Sanctiandree, Wilelmo domino Creichtoun, nostro CanceUario et consanguineo predUecto,
dilectis consanguineis nostris, Lawrencio domino Abirnethi in Rothimay, Andrea domino le Gray,
magistro hospicii nostri, Johanne Stewart de Dernle, Andrea Stewart, mUite, magistris Johanne
Arrous archidiacono Glasguense, et Georgeo de Schoriswood rectore de Cultre : apud Edynburgh
decimo quinto die mensis Maii, anno Domini miUesimo quadringentesimo quinquagesimo secundo
et regni nostri decimo sexto.1

lU-^jg ^

Original Charter at Pollok.

430 THE MAXWELLS OF BLAWARTHILL, 1667-1732.
Jacobus Dei gracia rex Scotorum . . . Sciatis nos dedisse . . . dilecto nostro Waltero Stewart
de Arthurle, terras nostras de Perthwik SimpU, cum suis pertinenciis, videlicet, terras de Bertounlnge,
le Zokir, Philpislande, cum le Rywra, cum pertinenciis, jacentes in baronia de Ranfreu infra vicecomi
tatum eiusdem : Tenendas et habendas predictas terras, cum pertinenciis, dicto Waltero Stewart et
heredibus suis, de nobis, heredibus et successoribus nostris, in feodifirma et hereditate imperpetuum,
per omnes rectas metas . . . Soluendo inde annuatim dictus Walterus Stewart et heredes sui nobis,
heredibus et successoribus nostris, decem marcas vsualis monete regni nostri, ad duos anni terminos
vsuales, pentechostes, videlicet, et Sancti Martini in yeme per equales portiones, nomine feodifirme
tantum : In cuius rei testimonium presenti carte nostre magnum sigillum nostrum apponi prece
pimus : Testibus reuerendo in Cristo patre, Georgeo episcopo Brechinense, nostro cancellario et
consiliario sincerime dilecto, dilectis consanguineis nostris, Thoma domino Erskin, Andrea domino
Avandale, Jacobo de Levingstoune, magno camerario nostro, Gilberto Kenedy de Dunure, et Niniano
Spot nostrorum computorum rotulatore : Apud Striueling, vicesimo septimo die mensis Maii, anno
Domini millesimo quadringentesimo quinquagesimo septimo, et regni nostri vicesimo primo.1

"|wj|/

The lands of Blawarthill and Yoker continued in the family of Stewart for about two centuries.
On 9th July 1622, Mathew Stewart was served heir-male of Robert Stewart, his immediate elder
brother, in the half of the lands of Wester Parthick, namely, the lands of Bertoun-Lodge, Zokhir,
PhUpisland, and Kilbray [Reuray] now called Blawarthill.2
They were afterwards acquired by the Hutchesons of Lambhill, who were the founders of
Hutcheson's Hospital in Glasgow. On 6th August 1642, Janet, EUzabeth, and Helen Hutchesons,
as sisters-german and heirs-portioners of the late Mr. Thomas Hutcheson of Lambhill, with consent
of George Duncan and Mr. Ninian HiU, granted a charter in favour of Thomas Pollok, Robert
Hutcheson, formerly Pollok, and George PoUok, equally, of the ten-merk land of Wester Partick,
called Yoker and Blawarthill, of old called Barton-Lodge, Philpsland, and Rwray, with the miln
thereof, etc.3
Marion Stewart, relict of Mr. Thomas Hutcheson, acquired two-third parts of the lands of
Blawarthill and Yoker from Robert Hutcheson in 1653 ; and, in 1667, sold two-third parts of
Yoker to Sir George Maxwell of PoUok, and two-third parts of Blawarthill to his immediate
younger brother, Zacharias Maxwell.4 These lands continued in the famUies of Pollok and Blawart
hill tUl the year 1732, when Mr. John Maxwell of Blawarthill succeeded to his cousin, Lord
PoUok, and the properties were again united. They were sold to Mr. Spiers of Elderslie about the
year 1777, and now form part ofthe estate of Elderslie.
' Original Charter at Pollok. » Inventory of Blawarthill and Yoker writs at Pollok.
2 Petours, vol. ii. Renfrew, No. 60. * Ibid.

THE MAXWELLS OF BLAWARTHILL, 1667-1732. 431

I. Zacharias Maxwell, of Blawarthill, 1667-1698,
Was the second son of Mr. John Maxwell of Auldhouse, and his wife, EUzabeth Stewart. He
was for some time engaged in mercantile business in Glasgow, and having prospered, purchased
the lands of Blawarthill. He married Jean, only daughter of John Maxwell, fiar of Southbar, and
relict of John Colquhoun, fiar of Kilmardonie. Their marriage-contract is dated 14th January
1671. Zacharias Maxwell bound himselfto infeft her in an annualrent of two chalders of victual
from Blawarthill, and she assigned to him her annualrent of 500 merks from Kilmardonie.1
Zacharias Maxwell held the same opinions on civil and religious questions as his elder brother,
Sir George Maxwell of Pollok, and his nephew Lord Pollok.
We have seen how much his two worthy relatives suffered in their persons and properties
from the civil authorities. The Laird of Blawarthill was in some respects more severely treated.
For holding conventicles and refusing to take the test, he was fined 20,000 merks Scots by the
Privy Council, and being unable to pay, was cast into prison in the Tolbooth of Edinburgh in
1684, where his nephew, the Laird of Pollok, and many of his friends were already fellow-prisoners.
Whilst the others were to be set at liberty on paying their fines, Zacharias Maxwell and John Cald
weU of that Ilk were excepted, and ordained to continue in prison for life, besides paying their
fines. Wodrow, who was a contemporary and relative of Blawarthill, says he is not aware of the
pretext for this distinction, as Blawarthill and CaldweU were both most peaceable gentlemen, and as
little amenable to the laws as any of the rest. It may be, he adds, that this clause was inserted to
be remitted afterwards upon their paying the whole fines, without deductions, which were made to
the other parties fined.2
The Revolution of 1688, which sent many of their oppressors into perpetual banishment,
relieved the Laird of Blawarthill and his feUow-prisoners from paying their fines, and restored them
to liberty. Zacharias MaxweU survived the Revolution ten years, and died in April 1698, in conse
quence of an accident which happened to him when attending the funeral of his friend Sir Thomas
Stewart of Coltness, Baronet. He had gone from Glasgow to Coltness to attend the funeral ; in
coming down the turnpike stairs he lost his footing, fell headlong and fractured his skull. The
accident happened at mid-day, and Mr. Maxwell survived till eleven o'clock the same night, speech
less and insensible. He left a widow and family to mourn his loss.3 To this family their cousin,
Lord Pollok, acted the part of a father, providing the sons in their order to his own estate, and
the daughters to marriages with suitable tochers.
As his relict, Jean Maxwell granted a discharge to Sir John Maxwell of Pollok, dated 21st
April 1699, which was written by her eldest son, James MaxweU.4 Zacharias Maxwell and his
wife, Jean MaxweU, had two sons and five daughters. The eldest son was —
1 Original Contract at Pollok. 3 Coltness Collections, 4to, Maitland Club, 1842,
2 Wodrow's Church History, Burns' Edition, vol. iv. p. 98.
pp. 141, 142, 144. 4 Original Discharge at Pollok.

432 THE MAXWELLS OF BLAWARTHILL, 1667-1732.

II. James Maxwell, Second of Blawarthill, 1698-1703,
Who went abroad soon after his father's death, and was at Utrecht, in the United Provinces,
on the 5th January 1700,1 where he executed a factory, dated 25th AprU 1700, in favour ofhis
cousin, Sir John MaxweU of PoUok, Lord Justice-Clerk, for the management of his affairs during
his absence. In this factory he is designated James Maxwell, eldest lawful son and apparent
heir to the deceased Mr. Zacharias MaxweU of Blawarthill. He states that he intends to prosecute
his studies for some time on the Continent, and gives to Sir John and his substitutes fuU power
to manage aU his affairs, and intromit with all his goods at home during his absence.2 From
Utrecht Mr. Maxwell proceeded to Rotterdam, which he had reached by the 10th October 1700.
On the 23d of the same month he had newly arrived at Geneva;3 and, on the 26th February
1701, he wrote thence to the Lord Justice-Clerk an account of his studies of the civil law, and his
exercises in dancing and fencing. He hopes that his purposed journey to Bourges would not be
frustrated by the rumoured war.4 He had returned to Paris by 27th AprU 1701, when he wrote to
the Lord Justice-Clerk, stating that, in going thence to Roaune, and taking boat to Orleance, they
saw several towns upon the " Loer," — the most considerable of which was Hevers, where they saw
King James, who looked very old and craisie ; and also his Queen and the Duke of Berwick,
upon their way to the waters of Bourbon.5 He was still at Paris on the 22d July 1701,6 but
appears to have returned to Scotland soon after. He was served heir in special to his father,
Zacharias MaxweU, in parts of BlawarthUl, West Partick, on 5th February 1702.7 He soon after
married Anna, second daughter of the celebrated lawyer, Sir James Stewart of Goodtrees, Lord
Advocate of Scotland. Their marriage-contract is dated 21st February 1702 j and Sir John Max
well of Pollok, Lord Justice-Clerk, his cousin-german, dispones to James and Anna, in conjunct fee
and Uferent, and the heirs-male of their marriage, whom failing, to the heirs-male of James in any
other marriage ; whom faiUng, to Sir John Maxwell's heirs-male in Pollok ; whom failing, his heirs
whatsoever, the two-third parts of the ten-merk lands of Yocker and BlawarthiU. Sir James
Stewart, on the other hand, binds himself to pay 20,000 merks of tocher with his daughter.8
James MaxweU died in December 1703,9 within two years after his marriage, leaving no issue.10
Sir John Maxwell, Lord Justice-Clerk, his cousin, was served heir of provision to him in the
lands contained in the contract of marriage above mentioned, on 18th April 1704.11 Anne
Stewart, widow of James MaxweU, married, secondly, in 1711, William Mure of CaldweU, by whom
she had two sons, the elder of whom, Baron Mure, was great grandfather of Colonel Mure, now of
CaldweU. The editor of the Caldwell family papers, the late Colonel Mure, says of this lady, that
1 Original Bill of Exchange at Pollok. Solicitor-General, twelve baronets and knights, besides
2 Original Factory, ibid. bailies and burgesses of Edinburgh, and even the
3 Original Letter, ibid. captain of the town-guard.
* Original Letter, ibid. 0„ .,T, ,, 
• Original Letter, ibid. land voT T H "^^ "
6 Original Letter, ibid. ' • • P-
7 Extract Retour, ibid. 10 Crawfurd's Renfrewshire, Robertson's edit., p. 285.
» Original Contract, ibid. To this contract there are Caldwell Papers, Maitland Club, 1854, Part I. vol. I
thirty-five attesting witnesses, including four noble- PP' ^' ^ ; Part II. vol. i. p. 3.
men, the President and three Lords of Session, the u Original Retour at Pollok.

THE MAXWELLS OF BLAWARTHILL, 16671732. 433
she united to a fund of good sense, a pristine simplicity of character and genuine Christian piety,
and this is fully borne out by her testamentary letter, printed by him.
The second son of Zacharias Maxwell was John, who became Sir John Maxwell of PoUok and
Blawarthill. An account of him has already been given.1
Zacharias Maxwell had five daughters —
(1.) Jean, who married Hugh Crawfurd of Woodside, in the parish of Paisley, second son of
Thomas Crawfurd of Cartsburn. They had one son, who died young, a daughter Jean, and other
daughters, who sold Woodside.2 Mrs. Crawfurd survived her husband, and was living in 1742.
(2.) Margaret, who married Robert Stewart, son of Sir Thomas Stewart of Coltness, Baronet.3
Mr. Stewart was then one of the Regents, and afterwards Professor of Natural Philosophy in the
University of Edinburgh. Their contract is dated 13th September 1706, and by it Robert is bound
to have in readiness 5000 merks for the marriage, to be added to Margaret's tocher of 4000
merks, that the whole 9000 may be laid out on proper security, to make provision for them and
their children.4 Mrs. Stewart died in 1763. She had one son, Dr. John Stewart, born in 1712,
who also became a Professor in the University of Edinburgh, and died in 1758, without issue.5
(3.) Grizell, who married James, only son of Claud Hamilton of Barns, in the county of Dun
barton. Their marriage-contract is dated 23d April 1714, on which date they were married, as
appears from the registers of the parishes of Eastwood and Old or West Kilpatrick. Her tocher
was 8000 merks, payable by Lord PoUok.6 She and her husband were infeft in the lands of Barns
and Cochnoch, on 10th May 1714.7 They had several sons and daughters. Miss Grace HamUton,
now of Barns, and her sisters, Margaret and Jane HamUton, are descended of this marriage ; also
Mr. Claud Hamilton, and others.
(4.) Marion, who married David Lauder, third son of Sir John Lauder of Fountainhall,
Baronet, one of the Senators of the College of Justice. Their contract, in which she is named the
fourth daughter, is dated 8th March 1710. His estate was 13,000 merks Scots, and her tocher
5000 merks, which were to be united as a provision for them and their children.8 Of this mar
riage there was only female issue. One of the daughters, Jean Lauder, married the Rev. Dr.
Patrick Cuming of Relugas, Regius Professor of Divinity and Ecclesiastical History in the Uni
versity of Edinburgh.9 They had five sons and one daughter. The fourth son, George Cuming,
succeeded to Relugas, and became a Writer to the Signet. His only child was a daughter,
Charles-Anne, married to Sir Thomas Dick Lauder of Grange and Fountainhall, Baronet, whose
son is the present Sir John Dick Lauder of Grange and FountainhaU, Baronet.
(5.) Elizabeth, who married, on 1st October 1714, John Bryson, younger of Craigalzean, parish
1 Supra, p. 94. where other particulars of the two Professors will be
2 Crawfurd's Renfrewshire, Semple's edition, p. found.
269. Origmal Settlement by Marion Maxwell and 6 Original Contract at Pollok.
Sir Charles Murray spouses, dated 4th May 1717, at 7 Original Instrument, ibid.
Pollok. 8 Original Contract, ibid.
3 Records of the parish of Eastwood, vol. i. In the ) In the Coltness Collections, p. 67, it is stated that
notice of this marriage in the Coltness Collection, p. 98, Dr. John Stewart, only son of Professor Robert Stewart
Margaret Maxwell is called the second daughter of and Margaret Maxwell, left all in the power of his
Zacharias Maxwell. mother, who left all to her own niece, Mrs. Cuming,
4 Original Contract at Pollok. " and so the Rev. Dr. Patrick " (Cuming) " is possessed
5 Pedigree ofthe Stewarts, in the Coltness Collections, of £1500. So plot the gospellers for wealth."
VOL. I. 3 I

434 THE MAXWELLS OF BLAWARTHILL, 1667-1732.
of Strathblane, Stirlingshire, merchant in Glasgow. Their contract is dated the same day, and by
it he was bound to have in readiness 24,000 merks, to be added to her tocher of 5000 merks
Scots, as a provision for them and their children.1 Isabella Bryson, the eldest daughter of this
marriage, married Robert Dreghorn, merchant, Glasgow, before 1st October 1746, which is the date
of their post-nuptial marriage-contract.2 They had issue, one son, Robert Dreghorn of Rough-hill,
who died unmarried ; and a daughter, Margaret Dreghorn, who married James Dennistoun of Colgrain.
They had four daughters : — (1.) IsabeUa, wife of Gabriel Hamilton Dundas ; (2.) Jessie, wife of
Hugh Maclean of Coll ; (3 and 4.) Mary and Elizabeth, twins : the former married Sir William
Baillie of Polkemmet, Baronet ; the latter married Sir Duncan Campbell of Barcaldine, Baronet.
Another daughter, Jean, married David Leitch, merchant, Glasgow, and their marriage-contract is
dated 21st May 1746.3 Her issue is believed to be extinct. Another daughter, Marion Bryson,
married her cousin, John Hamilton of Barns. They had three children : — (1.) James Hamilton of
Barns, who was father of Miss Grace Hamilton, now of Barns ; (2.) Claud Hamilton, who was
father of the present Claud Hamilton ; (3.) Grizel Hamilton, wife of John Hamilton Dundas of
Duddingstone. Their son, Gabriel HamUton Dundas of Duddingstone, married IsabeUa Dennistoun,
and they had three sons, John, Gabriel, and George, and several daughters.
Much inquiry has from time to time been made as to the seniority of these
five daughters. The late Mr. John Eiddell investigated the subject in 1851 ;
but he left it in an unsatisfactory state. He confessed his inability to fix the
seniority of "the four daughters, and I am not aware of any more."
There were undoubtedly five daughters— the eldest, Jean, was entirely
overlooked by Mr. Eiddell. Marion is the only one whose position in her
family is set forth in her contract of marriage. She is there called the fourth
daughter, and Mr. Eiddell calls her the youngest. But in this he is clearly
wrong, as there were five.
The ranking of the daughters, in the order above enumerated, rests chiefly
on a decreet obtained by Lord Pollok as a creditor, for the funeral expenses,
etc., of their elder brother, James Maxwell of Blawarthill, who died in 1704.
The decreet is dated on the 8 th of August of that year, and it is given by the
Commissaries of Glasgow against John, Jean, Margaret, Grizel, Marion, and
Elizabeth Maxwells, lawful children of the deceased Zacharias Maxwell of
Blawarthill, and brother and sisters- german of the late James Maxwell of
Blawarthill, and Hew Crawford of Woodside, husband of the said Jean
Maxwell, for his interest.4
1 Records ofthe parish of Eastwood, vol. i., and origi- 3 Original Contract at Pollok.
nal Contract at Pollok. * Original Decreet, ibid.
1 Original Contract, ibid.

THE MAXWELLS OF BLAWARTHILL, 1667-1732. 435
The four younger brothers of Zacharias Maxwell of Blawarthill were,—
1. John, who was a doctor of medicine. The earliest notice of him is as a medical practi
tioner in France, between the years 1650 and 1660. He was medical adviser to the Count of
Belsunce, and carried on a flourishing private practice at Beam ; but when returning with the
fruits of his labours to settle either in England or Ireland, he was robbed before getting out of
France.1 On 20th February 1662 he was in London, and contemplated going in a professional
capacity with some gentlemen to France or Italy. In the month of June following, he went to
Jamaica with the Governor, Lord Windsor. His salary in the Indies was to be £100 per annum
besides a plantation of 142 acres of good ground, and other privileges. He wrote from London
5th May 1662, announcing this to Sir George, and expressing a hope that he would soon be able
to refund the money he had lent to him.2 He arrived at his destination in safety, and prospered ;
but it was some years before his friends in this country knew of his success. On the 26th
October 1669, he wrote from Port-Royal, Jamaica, to his brother Sir George, stating that since his
arrival in Jamaica he had written to him again and again, but had never heard from him in
reply. In the same letter he speaks in feeling terms of the many benefits which had formerly
been conferred on him by his brother Sir George, states that he was now himself in prosperous
circumstances, and gives many interesting details concerning his own plantation, and the condition
of the island in general. Their cocco walks, he states, bore two crops a year, one in May, and
another in December, and so large was the recompense for outlay, that he knew of many cases
where an expenditure of £400 or £500 sterling, in six years rendered the estates worth as much
as that per annum. He says if his brother Zachary be not married, he might there improve his
stock to great advantage. The great difficulty they had to contend with was scarcity of servants.3
2. Walter, who is mentioned by Sir George as his brother in his diary, under date 10th
December 1649 ; but no other notice has been found of him.4
3. Thomas, who got a provision of 500 merks Scots from Marion Stewart, relict of Mr.
Thomas Hutcheson of LambhUl, on 1st June 1660.6 Thomas Maxwell was at Straban, Ireland, on
1st March 1679. In a letter of that date, Thomas mentions his son.6
4. William, mentioned in the above letter from his brother Thomas at Straban, dated 1st
March 1679.
The three sisters of Zacharias Maxwell of Blawarthill were, —
1 . Jean, who married Thomas, second son of Cornelius Crawfurd of JordanhiU. Their contract
of marriage is dated 27th September 1653 ; and, in accordance with its terms, CorneUus paid to
his son Thomas 10,000 merks, to be expended on heritable securities in behalf of him and his
spouse and their heirs, and Sir George MaxweU paid for tocher with his sister 4000 merks Scots.7
2. Grizel married first Robert Hutcheson of Auchingray. In the year 1 654, Robert Hutcheson
purchased the estate of Auldhouse from Sir George Maxwell of PoUok for 19,000 merks. Mr.
Hutcheson had been very anxious to make this purchase, as it appears that he did often press and
entreat Sir George to sell to him the lands of Auldhouse, saying his heart and his eye were in it,
' Vol. ii. p. 308. * Vol. i. p. 350. 6 Original Letter at Pollok.
2 Original Letter at Pollok. " Original Bond at Pollok. 7 Original Contract, ibid.
3 Original Letter, ibid.

436 THE SISTERS OF
and God's curse be on them that shall get it, if he do not get it, and it will even keep my life ten
year longer in.1 His wife, however, survived him, and had a liferent right in Auldhouse. Of that
marriage there were two sons and one daughter, viz. : —
(1.) John Hutcheson of Auchingray and Auldhouse, mentioned in the letter to his brother
George just quoted. As proprietor of Auldhouse, he, on 21st November 1668, granted a bond to his
uncle Sir George Maxwell, binding himself and his brother George Hutcheson, faUing heirs of their
own bodies, to dispone these lands to Sir George for 17,000 merks, to prevent them descending
to heirs-portioners. This bond narrates that these lands were disponed to his late father by Sir
George Maxwell to be held feu of him ; and that considering the kindness shown by Sir George to
himself, and his brother and sisters in their minority, and to their mother in her widowhood, and
considering also that, in case of the decease of him and his brother George Hutcheson without
children, the lands would fall by equal halves to his sisters and no more remain an entire estate,
in which case the price thereof would be more useful for his sisters, and seeing that Sir George
was willing to purchase the same from him, that, therefore, he, for these and other causes, in the
case only of the decease of both himself and his brother George without children, bound himself
to dispone to him the said lands, that the property thereof might be consolidated with the supe
riority.2 No later notice has been found of John Hutcheson.
(2.) George Hutcheson, who went to France in 1675 to trade, but was not successful, and
application was made to his uncle, Sir George Maxwell, by the owner of the vessel in which he saUed,
for the freight of his goods, etc. But this was refused.3 In November 1678, George was again in
distress, and wrote to his cousin, Mr. Maxwell of Pollok, imploring his aid ; and on the 1 6th
December following, his mother and Mr. Maxwell sent him £1 0. Mr. Maxwell's letter to his fallen
cousin is full of Christian kindness. He alludes to what they had heard of his guilt, but he leaves
it to his own conscience, and calls upon him now to forsake his sins, and take to whatever honest
employment he can obtain. He adds, that " Sandie Jamieson," his step-brother, had been sent to
France, because he would not be a scholar, and that he was behaving so ill that his friends were
ashamed of him ; that his own brother John had gone to Ireland a bankrupt, and that his mother
was so distressed, that she was constantly in tears, and cried out, on hearing his last letter read,
" Would to God I had never had a male child."4
(3.) Elizabeth Hutcheson married John Peadie, merchant, Glasgow. Their contract of mar
riage is dated 27th September 1678, and Grizel Maxwell, her mother, is a consenter. The tocher
of Elizabeth was 2000 merks Scots, owing by her brother John.5
Grizel Maxwell married, secondly, the Rev. Alexander Jamesone, minister of Govan. Their
contract is dated at Auldhouse, 8th February 1661,6 and Mr. Jamesone thereby binds himself to
invest the sum of one thousand merks Scots in name of himself and his wife, for behoof of
their children. The tocher of Grizel was her liferent of the lands of Auldhouse, as relict of her
first husband, who was proprietor of Auldhouse, and also of a house on the south side of the
Trongate of Glasgow. She farther gives as tocher the furniture in the mansion of Auldhouse. She
reserves power to bequeath 500 merks Scots to the children of her first marriage, for the love and
favour which she bears to them. On the 7th December 1670, her brother, Sir George Maxwell,
' Original Interrogatories at Pollok. i Vol. ii. p. 330.
2 Original Bond, ibid. 6 Original Contract at Pollok.
3 Original Letter, ibid. 6 Original Contract, ibid.

ZACHARIAS MAXWELL OF BLAWARTHILL, ETC., 1653-1713. 437
became bound to pay to his sister Grizel and Mr. Jamesone the sum of 1000 merks, bequeathed
to her by the late Marion Stewart, relict of Mr. Thomas Hutcheson of Lambhill.1
Mr. Jamesone, with many of his brethren, was ejected from his Uving by Act of Privy
Council held at Glasgow, 1st October 1662.2 On the 25th March 1673, Sir George Max
weU wrote to the Earl of Kincardine, a Lord of Treasury, on his behalf. Sir George informs
the Earl that Mr. Jamesone had been excused for non-compearance on the Council day to which
he was cited, " in order to his confinement," and pleads that as the case was common with others
who had obtained his Lordship's favour, he hopes Mr. Jamesone may have the same advantage.3 Mr.
Jamesone was both a very able and a very good man. Before he became minister of Govan he
had been ten years Professor of Philosophy in the University of St. Andrews ; and he had a patent
appointing him to be Professor of Divinity there, but declined to accept the appointment, though
all who knew him were weU aware of his high quaUfications for the office. He dispensed the Sacra
ment of the Lord's Supper in Hagg's castle in the year 1675,4 and dying there on the 15th April
of the same year, was buried at Govan on Monday the 17th of that month.5 Grizel Maxwell
survived him, and died before Candlemas 1689. By her second marriage she had a son and two
daughters : —
(1.) Alexander Jamesone, who is noticed in the letter of John Maxwell of Pollok above men
tioned.
(2.) Annabel Jamesone, married to William Cuninghame of Carnecuran. Their marriage-contract
is dated 17th and 22d September 1686. Her tocher was 3000 merks Scots.6
(3.) Jean Jamesone, married to James Baird, Doctor of Medicine. They had three sons and one
daughter. James, who became a doctor, Patrick, John, and Marian Baird, who were aU
living on 6th July 171 3.7 Annabel and Jean Jamesones, with consent of their hus
bands, granted an obligation (date not stated) to Sir John MaxweU of PoUok, for 2000
merks due to their brother Alexander, which narrates that for ten years past there has
been no word heard of him, and that it is generally believed that he died in the West
Indies some time since, and that the said sum belongs to his two sisters as nearest of
kin to him.8 They were confirmed in that character by the Commissaries of Edinburgh,
on 17th August 1706.9
3. Elizabeth, who was boarded with her sister Mrs. Jamesone on 4th June 1688, when a
discharge was granted by the latter to Sir John Maxwell for the "intertainment" of her sister
Bessie Maxwell preceding "beltain" then last.10 On 21st April 1699, Jean MaxweU, relict of
Zacharias MaxweU, granted a receipt to Sir John MaxweU of PoUok for the aUment and enter
tainment of Elizabeth, as sister to the said Zacharias.11
1 Original Bond at Pollok. * Wodrow's Church History, vol. ii. p. 318.
2 Wodrow's Church History, vol. i. p. 328. 5 Vol. i. No. 182.
8 Original Letter at Pollok. In this letter Sir George 6 Original Contract at Pollok.
apologises to the Earl for troubling him on this and ' Account Book of Lord Pollok at Pollok.
other matters, adding — " seeing as the phisicians ser- 8 Scroll Obligation at Pollok.
vant said in order to the cure of the sick asse, they could 9 Confirmation at Pollok.
but prove like conserve of roses, if they did no good, 10 Original Discharge at Pollok.
they could doe no hurt." n Original Receipt at Pollok.

438

IL— MAXWELL OF SPEINGKELL,
In the Parish of Kirkpatrick-Fleming, and County of Dumfries.
The barony of SpringkeU, which has for upwards of two centuries given a territorial designa
tion to a cadet of the family of Pollok, consists of SpringkeU and Kirkconnel, in the parish of
Kirkpatrick-Fleming, and Logan, Naton, etc., in the parishes of Half- Morton and Graitney, aU in
the Stewartry of Annandale, and shire of Dumfries.1
In the early part of the sixteenth century, the estate of SpringkeU belonged to Robert fifth
Lord Maxwell, and the estates of Kirkconnel, Logan, etc., were acquired by his grandson, John
sixth Lord MaxweU, from the family of Carlyle, Lord Carlyle.
Robert ninth Lord Maxwell, afterwards Earl of Nithsdale, by disposition dated 29 th De
cember 1618, disponed the lands of Kirkconnel, Logan, etc., to his brother-german, James Maxwell,
Master of Maxwell, and his heirs-male, whom failing, to return to Lord Maxwell. The Master
was thereafter designated of Kirkconnel.2
The disposition narrates, that Lord Maxwell, for the singular favour, love, and affection which
he had to James Master of MaxweU, his only brother-german, and in assurance of ane dutiful
behaviour, favor, love, and discharge of a loving respect and dutie to be carried by him and his
successors to his Lordship, his house and posterity, Lords of Maxwell, whereof he is descended,
and having a brotherly care to provide him to the beginning of some provision and living, whereby
he may be helpit in, maintenance of his estate, etc.
Ten years afterwards, on the 24th August 1628, the same Lord Maxwell, by that time
created Earl of Nithsdale, conveyed to his brother James the lands of SpringkeU, and others.3 James
Maxwell was thereafter designated of SpringkeU, but becoming involved in pecuniary difficulties, his
estates were apprised from him, and the apprisings were acquired by Mr. WUUam MaxweU, Advo
cate, who also obtained a disposition of the lands from James MaxweU, dated 13th December
1648. Mr. William Maxwell was thereafter designated of SpringkeU.
I. Me. William Maxwell, Advocate, Fiest of Speingkell, 1648-1695,
Was the eldest son of Mr. George Maxwell, minister of Mearns, and Laird of Auldhouse, by
his second wife, Jean Mure of Glanderston, as already explained in the account of the Auldhouse
family. Mr. WiUiam Maxwell having studied law under the celebrated lawyer, Sir Thomas
Hope, Lord Advocate, whom he styles his Master, became an advocate at the Scotch
bar on 26th November 1633, as appears from the Acts of Sederunt of the Court of
Session of that date.
1 Kirkpatrick-Fleming appears to be a very healthy a man who was born in 1635, and died in 1759, being
parish. Among other instances of longevity, the mini- thus more than 124 years.
ster mentions, iu the old Statistical Account, the case of z Original Disposition at SpringkeU. 3 Ibid.

MR. WILLIAM MAXWELL, 1648-1695. 439
Many of his letters which are preserved at PoUok, show that he attended to the law affairs of
the Nithsdale and Pollok families, and constantly corresponded with his immediate chief Sir John
MaxweU of Pollok, upon passing events in the Parliament, Privy Council, and Courts of Law. In
one he gives a very fuU account of the proceedings consequent on the visit of King Charles I. to
Edinburgh in 1633. Several of them are printed in the second volume of this work, and a few
which have been recovered since these were printed, and which possess considerable interest are
here added. Edinburgh, 2 2d June 1633.
Honoeable cheifp, — As occasioun offeris, love and dewtie moves me ever to remember zour
kyndUe requeist and command in acquenting of zow with quhat doeth occure with ws. And heir,
tuiching the forran ambassadour from Polland, the commissioun seimes to resolve vpone theis
heidis : 1 . A treatie for assisting the peace betuix Suaden and the Emperour. 2. A desyr to his
Maiestie to geive way to Polland without assistance to Suaiden. To clame bak the landis conqueist
be the last King of Swaiden from Polland. 3. A mutuall mariag, that the PoUe should marie
with the Palatine's sister, and the Palatine with his. This seimes to be a draucht of the Romische
emissaries to dissever the peace betuix Suaiden and ws, and to hinder the accomplischement of
furder affinitie betuix Suaiden and ws.
Ther is grantit a taxatioun of sexe. thewsand pundis to his Maiestie to be payit in sex zeir.
Ther is overtour maid be the westland men that his Maiestie wold be pleasit to tax the wairdis,
aither be entres or augmentatioun of the few dewtie.
The clergie vrges that the former act may be ratifiet, beiring everie minister to haive at leist
aucht chalder of victuaU, and it is surmeissit that his Maiestie will have it accomplischeit.
His Maiestie, with consent of the estaitis, hes ratiefeit the revocatioun ; bot as for the com
missioun surrander, and actis maid thairvpon, his Maiestie hes supersideit the same.
AU the clergie gave in thair overtouris quhat they crave tuiching the weiU of the church,
quhairanent his Maiestie remainit this day thrie houris in the parliament hous, bot quhat wes con-
cludit I can not wryt fullie till the nixt occasioun.
The commissioun anent the reveising of the lawis is desertit, as I writ of before, and onlie
this ordour is vseit that everie man who Usteth that is vpone parliament geivethe in grivences to
the lordis of the artickles, and among the rest, our west countrey men stryves (if they can be heard)
to have the extent of the taxatioun impoisit vpone thame conforme to thair halding parallaUed with
the rest of the kingdome, that thair may be a equalitie : bot their is feired much oppositioun.
Zoure honouris ladie wes this efternoun desyred by my old ladie MaxweU and vrgeit vehementlie
to stay tUl Twesday nixt, betuixt and quhilk tyme schee micht meit with the Countes of Nithisdail
hir guiddochter ; and with great difficultie my father, at hir requeist, moveit zour honouris ladie
to stay, at leist till schee had seine the Countes, quhUk wes not done amis, because our cheifis
ladie knew that schee wes in towne and did exspect hir befoir hir depairture. And farder, in
reguaird it wes necessar that zour honouris excuise sould be maid by such a one whoes testimonie
could not be called in questioun.
I did lykwayes joyne my requeist to hir to stay quhiU that meiting, which I heastned so soone
as could be, swa that I think at farthest (if not sooner) zoure honouris ladie is to be at home befoir

440 THE MAXWELLS OF SPRINGKELL.
Tewsday nixt at nicht. Swa leiveing farder, bot remembring my humbiU love and dewtie, I
heartilie rest, zour honouris maist affectionat to serve zow,
Me. Williame Maxuell,
I haive dyttit this letter to my serveand, and because hest urges me, your honour will hold
me excuisit, for he hes not writtin in suche a kynd as meritis your honouris reiding, albeit vther-
wayes the contentis heirof may be tolerat. Me. Williame Maxuell.
To my worthie and honorable cheiffe, the Laird of NetherpoUok. These with diligence.
Edinburgh, 10th July 1633.
Richt honoeabill cheif, — Accordmg to my promeise and dewtie I saU not omitt at everie
convenient occasioun to remember zour honor with occurrence as we have heir.
This day his Maiestie cam from Falkland to Halyrudhous be the ferrie at Brunteland, quhair
in his awine schip, accompanyit with a great number of bottis, the sea being sum quhat ruche, his
Maiestie happUie cam to Leith abuit twa in the efter none. Bot his silver vessell, with sum of his
servandis preponit to the cair thairof, cuming efter in a prettie popine bott, being moir nor midd
firth, be a sudden and vnexpectit flume of wind wer driven wnder and perrischit ; nether they nor
the boittmen, nor any vtheris being saife that wer thairin, except tua whiche wer preservet be a
wauchter. Efter his Maiesties entrie within the harberie, the ordinances of his awine schip and of the
wauchter, and vtheris being vpone the redd of Leith, wer dischairgit, and at his entrie at Haly
rudhous, thes of the castell wer lettine aff.
• It is surmeisit that the Erie of Airth is to be foirfatt and adictit to perpetuaU prisone. He
standis to his defence, and denyall both of the wordis and of the equivalency thairof, and aUeadges
nothing provine. Bot the contrare is credibUy repoirtit.
His Maiestie to morrow is to heir a dispitt in the matter of the tittyll of the Lord Oliphant,
betuixt Sir James Dowglas and the Lord Oliphantis brother sone. Mr. Lues is for him, and Mr.
Thomas Nicolsone for Sir James and his Ladie, quhoe is air of lyne, and my Lord Advocat for the
King. They have takin great paines to prepair thamselfis, swa that we think it saU be a credit
able dispitt. My Lord NithisdaUl, if occasioun can suffer, myndis to sie zour honour befoir he goe to Ireland.
He does expect assuiredUe money of that bussines which is thocht will trewlie affuird the samyne
if it be cannilie compast.
The Marqueis of HammUtoun is appointit coUector of the taxation of twa merk, and the vther
ordinar taxatioun alsoe ; and we heir that the Erie Mortoun myndis to sell Dalkeith to his Maiestie
for a great sowme, and thairefter to get disponit bak to him heretablie the keiping thairof, with
lra. lib. Scottis of fee as Constable.
These ar aU for the present wee heir. Quhen the nixt occasioun shall offer, I shall not be
neglective to embrace the same. Sua being rememberit to your honour, I humblie rest zour awin
to serve your honour,
Me. Williame Maxuell.
To my honorable and worthie cheiffe, Sir John Maxuell of NetherpoUok.

MR. WILLIAM MAXWELL, 1648-1695. 44 1

Edinburgh, 17th November 1635.
Richt honoeable Cheiffe, — Haveing occasioun to wryt to your honour, I wes vrged according
to my dewty not to neglect the same. I purposet to haive sent some tobacco to your honour, bot
the suddentie of the beirers awaygoeing, and my awin effaires, did not permitt me to doe what I
resolved. Alwayes I shall nor foirgett the nixt opportunitie of a beirer.
Tuicheing materis heir, lytill or nothing is done, for the fear of the pestilence hinderis men
to come in to handle their bussinessis. Their hes not as yeit bein any meeiting of the commis
sioun anent teythes, nether yeit of the exchecker : For my Lord Traquaire is not yeit come home,
nor no word from him ; and the principall thesaurer is also absent.
The pleag seissed once at Cramound, bot is now broken vp againe, throw the vnhappines of
the pyper of Cramound, caUed Fleggum, who hes smittit his tuo brether, and they ar deid ; and
lykewayes went throw the countrie be the space of fourtein dayes, so that it is feirit he hethe
done moir eviU. Bot (praised be God) their is no infectioun as yeit in Edenburrow or Leithe.
Wee- heir that Colonell Hepburne hes fochin in Loren withe 6m- men againest 20™-, and
hes played his pairt withe credit ; for, by reteiring and fechting, he hes wrocht moir hurt to the
enemy then he could haive done by oppin bettal. Their is a surmeis of the Duike of Loranes
death, bot no certaintie.
Concerning this fyre of Frendrat, and vtheris reportis, their is nothing spoken off, for the
Prewie Counsel hes not yeit fullie conveinet anent any mater of importance.
As for what my Lord NithisdaUl hethe accomplished in effect at Court, I think by his last
lettre he hes acquant your honour ; so that I neid not to mentioun the same of new againe. Wee
heir all he ressaives is 10m- lib. sterling, bot he hes not dimittit the Fleymingis landis, nor that
quhilk belonges to his sone. I wishe only one thing (quhairoff, praised be God, your honour
is suire aneuche), that your honour had your money, and that my Lord wer sensible of your favour
in superseding it so long, nochttheles of his vnkyndnes. Nocht farder, bot with my heartie affec-
tioun and humble serveice, I ever rest, and shall remayne your honouris awin to serve you,
Me. Williame Maxuell.
We heir that the King 'and the Hollenderis ar agreet, and they ar to geive, be way of coni-
positioun, tua hundrethe thowsand pund sterling, and ane hundrethe thousand pund sterling yeirlie
heirefter. Our newes ar scairs : For Traquaire is not yeit come home.
To my honorable cheiffe and weel-respected Sir Johne MaxueU of NetherpoUok, Knycht.
Edinburgh, 24 November 1637.
Woethie and loveing Couseing, — My love rememberit, please youre honor shaU have me
excuiset that I did not in tyme bygane, since my last seing of youre honoure, wryt concerning
occurrences, and of that whiche I did promeise anent our chieffe, his comeing to youre honoris
house at this tyme.
All whiche wes concludit betwixt him and Calderwoode wes, that prorogatioune should be
grantit conforme to the first contract for recleaming of the Mearns at the nixt Mertimess.

VOL. I.

3k

442 THE MAXWELLS OF SPRINGKELL.
Nothing heard from the clergy as yet, saiffe oure couseing Mr. John MaxweUe, as you would
heir, is made Bishop of the Yles, and the Bishop of the Yles Bishope of Raphoe. The Erie of
Nithesdail, our cheiff, his gift goethe weil one in Ireland, and has a guid successe, etc.
Mr. Patrick, my brother, hes his to be rememberit to your honor, and hes him excusit that
he hes not written, being impeischit be multitude of bussiness whiche did requyre beast. — Your
honoris awin to serve you,
Me. Williame Maxwell.1
To my worthie and muche respected Couseing, Sir John Maxwell of Nether Pollok, Knight.
Previous to acquiring the lands of SpringkeU, Mr. WiUiam Maxwell, as has been shown in
the account ofthe Auldhouse family, obtained the estate of Auldhouse in 1639, by an arrangement
with his eldest brother, Mr. John Maxwell ; and Mr. William Maxwell was for some time after that
acquisition designated of Auldhouse. He obtained a crown charter of the lands under the Great
Seal, dated 18th March 1642,2 proceeding on the resignation of his brother Mr. John Maxwell,
minister at the Cathedral Church of Glasgow, and Bessie Stewart, his spouse, and of Mr. George
Maxwell, minister at Mearns, father of Mr. WiUiam Maxwell. On his acquiring SpringkeU he sold
Auldhouse to his nephew, Sir George Maxwell of Pollok.
Like his relatives at Pollok, Mr. WiUiam Maxwell tasted of the troubles of the times, and
though not so severely dealt with as Sir George Maxwell or Lord Pollok, was subjected to
annoyance, on account of some alleged ecclesiastical delinquencies. On 12th December 1661,
he presented a petition to the Privy Council, showing that Mr. Thomas Allan, minister at
Wauchop, as he was informed, intended to raise letters before the Council against him and
his son, and several of his tenants and servants, to bring them to Edinburgh, and put them to
the trouble and expense of a long and wearisome journey in winter, merely through malice, and
craving either that no such letters be granted, or that his own appearance should be deemed suffi
cient for himself and all the rest for whom he would be answerable. The Council ordained that
the letters be granted, but that Mr. William's compearance should be sufficient for all.3 On the
4th March 1662, he again petitioned the Council with regard to the oppressive way in which the
dues of the Commissioners of Parliament were levied on him. To payment of these he was not
liable, as he held his lands of Kirkconnel, and others of the Earl of Nithsdale, by a progress
of 200 years or more, and not of the Crown, and for this, and other reasons, had obtained a
suspension of them by deliverance of the Lords of Session. Notwithstanding this suspension,
Thomas Ferguson, collector, had quartered soldiers upon him to enforce payment, and he now
prayed the Council to order their removal. The Council acceded to the prayer of the petition,
and ordered the removal of the soldiers.4 No attention appears to have been paid to this order,
and on 2d April 1662, the CouncU had again under their consideration letters raised at the
instance of Mr. William Maxwell of SpringkeU, Advocate, and Patrick MaxweU, his son,
setting forth that, notwithstanding the non-Uability of their lands for Commissioners' dues,
1 The original of this letter has not been found. It 2 Original Charter at Pollok.
was lent to Mr. Riddell iu 1820, and remained with a Register of Secret Council. Decreta, July 1661,
him. He sent the abstract of it, now printed, to the May 1666 fol. 102.
present Sir John Maxwell, in a letter dated 4th October * Register of Secret Council. Decreta July 1661
1820.— [Original letter of Mr. Riddell at Pollok.] May 1666, fol. 167. '

MR. WILLIAM MAXWELL, 1648-1695. 443
and the suspension above mentioned, Thomas Ferguson, now Kennedy, son to ArdmUlan and
others, soldiers, on 2 2d January last, did, contrary to all law and reason, quarter upon the
complainers and their tenants, and in a violent manner took away a mare belonging to them,
broke open the stable and seized upon Mr. Patrick Maxwell's horse at Dumfries, aud forcibly
detained himself and compelled him to pay them money ; and that not resting there, they anew
put soldiers upon the said complainers and their tenants, threatening to drive off the whole goods
upon the ground, and to bring in a troop of horse on them if they offered resistance.1
Mr. WiUiam Maxwell married Jane Stewart, daughter of Mr. Patrick Stewart of Rosland, who
was for some time minister at Kingarth, and afterwards at Rothesay, in the shire of Bute. Their
contract of marriage is dated 20th May 1637, and by it Mr. William Maxwell was bound to pro
vide the conquest during the marriage to himself, and the heirs of the marriage ; and in implement
of the contract, he, under the special reservation of his own liferent, on 23d July 1683, disponed
to Sir Patrick, his eldest son in life of the said marriage, and the heirs-male of his body, whom
failing, to any such person or persons, male or female, as the said Mr. William and Sir Patrick
should nominate, the lands of Kirkconnel, Logan, Naton, and SpringkeU. On the 19th of AprU
1693, Mr. William Maxwell and Sir Patrick MaxweU, his son, granted another disposition narrating
that they were resolved to exercise the reserved power of nominating the person to succeed to them,
faUing heirs-male of Sir Patrick, and that therefore failing such heirs, they now not only nominate
Sir Patrick's nearest and lawful heirs whomsoever, secluding always Robert MaxweU, second lawful
son then alive of Mr. WUliam, and brother-german of Sir Patrick, and his heirs, from succeeding,
" and that for reasons known to ourselves," but also in corroboration of the former disposition,
dispone anew to Sir Patrick and his nearest and lawful heirs and assignees whomsoever, secluding
the said Robert the barony of SpringkeU.2 Mr. WiUiam Maxwell died about the year 1695, at a
great age. By his wife, Jane Stewart, who predeceased him before 1683, he had three sons and
three daughters : — ¦
1. Sir Patrick of SpringkeU.
2. George, " second lawful son," to whom his father assigned two bonds on 10th February 1672. 3
George Maxwell, second son to Mr. William Maxwell, granted on 18th August 1677, a
bond fbr 250 merks to James Scott, servitor to the Duke of Buccleuch. And again, on
the 23d of the same month, he, along with his father WiUiam, and his brother Patrick,
granted a bond for 900 merks to the said James Scott.4 George MaxweU also entered
into a contract on the 1st March 1678 with John Thomson, son of Robert Thomson,
burgess of Edinburgh, in reference to the effects of the deceased Mr. John Thomson, to
whom they were appointed executors.5 It was agreed that John Thomson should give up
all his right and claims, except the half of .£1000 Scots, to George Maxwell for seventy-two
rix-dollars ; and in implement of the contract, George MaxweU obtained a disposition on
6th August 1680.6 This is the latest notice which has been found of George Maxwell,
who died before 19th April 1693, when his brother Robert is called second son then alive.
3. Robert. On the 27th March 1704, he was appointed factor for the management of the
1 Register of Secret Council. Decreta, July 1661, 4 Original Bonds at SpringkeU.
May 1666, fol. 184. 6 Original Contract, ibid. ^
2 Extract Disposition at SpringkeU. 6 Original Disposition, ibid.
' Original Assignation, ibid.

444 THE MAXWELLS OF SPRINGKELL.
affairs of Elizabeth Taylor, daughter of James Taylor in Craigshaws, who was factor to his
brother Sir Patrick MaxweU.1 Robert MaxweU acted under this factory as late as the year
1721. Following out the seclusion of Robert and his heirs in the disposition of 1693, Sir
Patriek, on the 20th AprU 1705, passed an act of seclusion against Robert from succeeding
to any part of his estates, heritable or moveable. No notice has been found of Robert
after the year 1721.
4. Agnes, married to Dr. John Colquhoun, who, on the 24th January 1657, granted to her father,
Mr. William Maxwell, a discharge for 2000 merks, being part of 6000 merks of tocher
due under her marriage contract.2
5. — ¦ — • Maxwell, married to  Scott of " Gibberstou." Their eldest son, John Scott, younger
of " Gibberston," received from his brother-in-law, Sir Patrick Maxwell, on 7th August
1699, after his father's death, an assignation to an apprising of the lands of KUchattan
and others, which were apprised from Ninian Stewart on Sth December 1653.3
6. Mary, married to John Maxwell of Broomholm. Their contract of marriage is dated 3d
November 1680, and, on 10th October foUowing, her father, Mr. William Maxwell, trans
ferred to her husband, John Maxwell, as much of the sums contained in an adjudication
against the Earl of Nithsdale, as would pay £3000 of her tocher.4 Pennant, in his Tour
in Scotland in 1772, thanks Mr. Maxwell of Broomholm for favouring him with several
remarks relating to Eskdale.5
IL- — Sie Pateick Maxwell, fiest Baeonet of Speingkell, 1683-1723,
As eldest son of Mr. William Maxwell, succeeded his father in the barony of SpringkeU about
the year 1695. 6 Previously to his succession he had taken a considerable share in the management
of the family affairs, and in public business. The first notice of him is on the 15th February
1651, when Mr. Patrick Stewart, his maternal grandfather, transferred to him his half of Robert
Campbell's apprising of the estate of Lamount, and styled him his " oye, Patrick MaxweU of
SpringkeU."7 During the reign of King Charles II., he had rendered such service to his sovereign
as to be created a Baronet of Nova Scotia, in his father's lifetime.
Before the year 1680, Patrick Maxwell was appointed one of the Commissioners for the
Borders ; and in this capacity took a prominent part in the suppression of violent crimes, then so
rife in those districts.
Mr. Patrick Maxwell also took an interest in his cousins of Pollok, writing to the Laird of
PoUok, offering him good advice at a time when he was disturbed by the Highlanders and suf
fering for his opinions, the following letter : —
Cussing, — I am mfmitly trubled till I understand in what conditione yow ar in, with thes croud of
Hilanders, whos rude tempers most certanly infest that cuntrie. The distance I am at, aud the exigence
of tyme and affairs, renders me uterlie incapable to affoord yow counsell ; only, cussing, I hope yow will
nott suffer the displeasour of tymes to make advantage of your rueing, by quhich we shall all suffer ; bot
1 Original Appointment at SpringkeU. « Pennant's Tour, vol. ii. p. 4.
2 Original Discharge, ibid. 6 Sir Patrick expede a special service, as heir to his
3 SpringkeU Inventory Book. "Gibberston '' is pro- father, on 28th May 1711.— fSpringkell Inventory.]
bably a mistake for Gibbleston in Fifeshire. » Original Translation at SpringkeU.
* Original Translation at SpringkeU.

SIR PATRICK MAXWELL, FIRST BARONET, 1683-1723. 445
rather see to the necessitie of parting with disputable indifferents, then loss your selfe and iamely. I hope
sir, this little advice, tymly taken, will prove mor prudent and temperate measours for yow then thos may
be extendit from the dear consequences of immenent danger. Thus, cussing, my love as ueall as my dutie
from tbe integritie of my heart is offred by — Your most reall cussing to serve yow, Pat. Maxuell.
My respects to my Ladie, your mother, your Ladie and sisters. For my affairs, I can not get yow
yet seen, bot shall, God willing, as soon as can be.
Kirconbll, 4th February 1678.
For the Leard of Nether Polock, neir Glagow.'
Mr. Patrick MaxweU was knighted before the 4th of March 1 680, as on that date, the Lords of
Privy Council had under their consideration a petition presented by the Commissioners for the Borders,
showing that Sir Patrick Maxwell of SpringkeU, one of their number, in pursuance of an act of the
Commissioners, had obtained a letter from the Council to the Lord Lieutenant of Ireland for giving
concurrence in the apprehending of such thieves, fugitives, and robbers as fled to Ireland from jus
tice ; that he had apprehended two of the fugitives, and kept them prisoners in Ireland above eight
months at his own expense, and that he had them at " Donnochadie" ready to be transported to
Scotland, which would put him to considerable expense ; and supplicating the Council to recom
mend to the Lords Commissioners of his Majesty's Treasury to give to Sir Patrick a competent
allowance for his diligence and expenses, and for bringing over the said prisoners to justice. On
this petition the Lords of Council granted warrant to the Commissioners for the Borders to pay Sir
Patrick the sum of £50 sterling out of the fines imposed by them which were not already disposed
of, for reimbursement of his expenses in securing the said two fugitives and bringing them over and
presenting them to justice.2
One of the captures made in Ireland by Sir Patrick MaxweU, was that of Ludovick Irving of
Wisebie, who was one of his neighbour lairds in the parish of Kirkpatrick-Fleming, and who is
called " a notorious thief and robber." Irving fled to Ireland on hearing that Sir Patrick had
orders for his apprehension ; and Sir Patrick, on receiving a letter from the Privy Council to the
Duke of Ormond, Lord-Lieutenant of Ireland, sent over to Ireland a trusty person well known in
the country, who soon succeeded in capturing him. Irving, however, attempted to escape ; and
Sir Patrick's brother, who had charge of Irving, was obliged to have him escorted to Donaghadee by
a squad of the Earl of Mount Alexander's soldiers, and afterwards conveyed to Scotland in a boat
specially hired for the purpose, and lodged him in a sure vault in Dumfries jail. All this occupied
Sir Patrick for above a year, and cost him at least £200 sterling. For some reason, however, not
explained, Irving's secure cell was exchanged for an insufficient outer room, whence he made his
escape. Sir Patrick Maxwell, with consent of Sir George Mackenzie, Lord Advocate, pursued the
Magistrates of Dumfries and their jailers before the Privy CouncU for reimbursement of the above
outlay to Sir Patrick, and to have them punished for malversation of office. The CouncU, however,
on 1st May 1683, did not think fit then to determine in the matter, but recommended the case
to be laid before the King by Sir Patrick and the Lord-Treasurer, with a view to the reimburse
ment of the former of his expenses.3
Sir Patrick Maxwell was created a Knight- Baronet by King Charles II. , by patent under
1 Original Letter at Pollok. 2 Regist. Secreti Concilii decreta, 1st May 168J.
3 Regist. Secreti Concilii decreta, 4th March 1680, p. 495.
p. 343.

446 THE MAXWELLS OF SPR1NGKELL.
the Great Seal, dated 7th Febraary 1683, and granting the dignity to him and the heirs-male
of his body.1
Like his father, Sir Patrick Maxwell had large money transactions with his chief the
Earl of Nithsdale and others. On the 11th June 1665, Robert Earl of Nithsdale granted to
Sir Patrick a bond for 200,000 merks Scots, payable at the first Whitsunday or Martinmas after
the Earl's death. On the 1st May 1683, he and his father granted a bond for 5000 merks to
Jean MaxweU, daughter of the late James Maxwell of SpringkeU, Master of Maxwell.2
Disputes having arisen between Mr. William MaxweU, father of Sir Patrick, and their neigh
bour, Colonel James Johnston of Graitney, regarding their rights of property, Sir Patrick naturaUy
took part with his father. He and his father obtained a summons of reduction against the Colonel
on the 20th of April 1683 ; and, on tlie Sth July 1701, Sir Patrick obtained a summons of
declarator of property against WiUiam Johnston, elder of Graitney.3
Mr. WUliam Maxwell conveyed the barony of SpringkeU to his son Sir Patrick, by disposition
dated 23d July 1683. He reserved his own liferent, with power to name the heirs to succeed to
Sir Patrick. Sir Patrick continued to take an active interest in his estate and family till the middle of
April 1723, when he died in a good old age. On the 15th of that month, Sir WiUiam Maxwell,
his son, wrote, to Lord Pollok intimating Sir Patrick's death. His Lordship acknowledged the
intimation in the following letter, which was considered a very kind and friendly one by Sir
WiUiam : — " Pollok, 22d April 1723.
" Deae Cusing, — I had the kyndnes of yours of the 1 Sth current on Fryday last, giveing
me accompt of your father his pious and Christian death, wherin I doe heartilie condole with yow
and your sisters upon the loss of so good a parent to his children, and so worthie a kynd freind
to my self and all his relations, of whom he so well deserved that his memorie will be savourie
to all that knew him ; for, so far as I knew him, he was readie to doe good to all men, and
offensive to none, so that I hope he is now happie as any can wish him ; and I am glade he Uved
so long as to leave you a good patern, and that his dieing instructions and exhortations to yow
and his other children may long remaine with yow, and God may enable yow to followe his good
example. " Yow may assure yourself, that so long as I live, which cannot be long, who am now come
to so advanced yeares, but I shall both enjoyne the gentleman that in all probabilitie may succeed
me, and I think he hath that naturali inclination in himself, that both he and I wUl be assistant
to yow in any of your affaires ye stand in need of, tho' providence hath cast your lott at so great
a distance, yett our relation and freindship shall never be wanting to one another.
I am ever in all sincerity, Sir, your affectionat cusing and humble servant,
" Jo. Maxwell.
" My sister Lillias remembers yow kyndly ; and all the children are pretty weeU, but in some
fears of the chin-cough. My cusing John is sensible of your kyndnes, but he could hardly in tyme
come to the buriaU, quhich I doubt not yee have ordered decently, and alse quickly as yee could." i
1 Reg. Mag. Sig. lib. lxix. 45. » Original Summonses at SpringkeU.
2 Original extract Bonds at SpringkeU. « Original Letter, ibid.

SIR WILLIAM MAXWELL, SECOND BARONET, 1723-1760. 447
Sir Patrick Maxwell married first a daughter of Dacre of Kirkleton, in the county of Cumber
land, without issue ; and secondly, Mary Gordon, daughter of Alexander sixth Viscount of Kenmure
by his third marriage with Lady Grace Stewart, daughter of James second Earl of GaUoway,
by whom he had one son and five daughters, viz. : —
1. William, his successor.
2. Grace, who married John Henderson of Broadholm, and had issue. She survived her hus
band. Her death is thus noticed in the Scots Magazine : — " 1 9th May 1788. At Dumfries
at a very advanced age, Grizel Maxwell, widow of the late Johu Henderson, Esq. of Broad-
holm, and daughter of the deceased Sir Patrick Maxwell of SpringkeU." 1
3. Mary married James Douglas, a younger son of Sir William Douglas of Kelhead, Baronet,
and had issue.
4. Henrietta married William Douglas of Dornoch.
5. Elizabeth died unmarried.
6. A daughter. III. Sie William Maxwell, Second Baeonet of Speingkell, 1723-1760,
Born on 10th August 1703, succeeded his father in April 1723. He was educated at the Univer
sity of Glasgow, where he entered the fifth class as son of Sir Patrick MaxweU of SpringkeU,
Baronet, in March 1719.2 By disposition dated 9th November 1706, Sir Patrick MaxweU, for the
love and favour which he had to his only son, William Maxwell, and for other considerations, con
veyed to him the barony of SpringkeU.3 Sir Patrick reserved his own liferent of the barony, and
also power to burden it with debt ; and provision in favour of Dame Mary Gordon, his spouse.
Various questions and claims appear to have been long in dependence between the famUies of
SpringkeU and Dalswinton, which were at last amicably arranged by arbitration. On the 6th and
7th July 1724, Sir William entered into a submission with Hugh MaxweU of Dalswinton, whereby
they agreed to refer the disputed claim between them to Charles Farquharson and John Sibbald,
writers, with Sir John Maxwell of Pollok, Lord Justice-Clerk, as oversman. In February 1729
there was another submission between them, and by decreet-arbitral Sir William obtained from his
cousin of Dalswinton £150 sterling in full of his claim.4
Sir William erected, in the year 1734, the present mansion-house of SpringkeU, with the ex
ception ofthe east and west wings, which were added about the year 1818, by the father of the
present Baronet. The house is a handsome building, in the Grecian style of architecture, and stands
on rising ground about 250 yards to the eastward of the site of the old family residence and vUlage
of Kirkconnel. Sir William MaxweU married, on 1 1th October 1725, Catherine, eldest daughter of Sir WiUiam
Douglas, Baronet, of Kelhead. He died on the 14th July 1760, and Lady Maxwell died at Spring
keU on the 29th September of the year following.0 The issue of this union was one son, WUliam,
who succeeded his father, and a daughter, Catherine, who died unmarried, at Traquair, on 15th
April 1763.6
1 Scots Magazine, vol. 1. p. 259. * Original Submissions at SpringkeU.
2 Munimenta Universitatis Glasguentis, vol. iii. p. 216. 6 Scots Magazine, vol. xxiii. p. 559.
3 Original Disposition at SpringkeU. e Ibid., vol. xxv. p. 302.

448 THE MAXWELLS OF SPRINGKELL.

IV. Sie William Maxwell, Thied Baeonet of Speingkell, 1760-1804,
Born on 31st December 1739, succeeded his father as third Baronet, on 14th July 1760. On
12th May 1761, he obtained from Charles, Duke of Queensberry and Dover, tbe superior, a pre
cept of clare constat for infefting him in the lands of Kirkconnel, Logan, etc., as only son and heir
of his father Sir William Maxwell.1 Pennant, in his Tour in Scotland in 1772, thanks Sir WiUiam
MaxweU, among others, for having furnished him with a variety of drawings of articles found at
the Roman Station at Burrens, in the parish of Middlebie.2 Sir WiUiam greatly improved Spring
keU by extensive planting of trees. After his succession in 1760, he planted not less than 150
acres of strips, clumps, etc., consisting of Scotch, spruce, silver, and balm of Gilead firs, larix, oak,
ash, birch, etc. He married, on 26th March 1764, Margaret Shaw Stewart, daughter of Sir Michael
Shaw Stewart, Baronet, of BlackhaU.3 Sir WiUiam died at SpringkeU on 4th March 1804, in the
sixty-fifth year of his age.4 Lady Maxwell survived him for twelve years. She was the corre
spondent of many eminent literary characters, and was a lady of great abUities. She died in
March 1816, aged seventy-four years.5 Of this marriage there were four sons and two daughters : —
1. William, born 22d January 1765. 6 He was a Lieutenant in the 36th Regiment, and died
unmarried, during his father's lifetime, on board the " Chesterfield" East Indiaman, on his
passage from Bombay to China, on 19th August 1784.7
2. Michael Stewart, born 21st July 1768.8 He was Colonel of the Dumfriesshire Light
Dragoons, and died unmarried, on 19th October 1803, about half-a-year before his father's
death.9
3. Patrick, born 9th June 1770. 10 He was an Ensign in the 6th Regiment of Foot, and
whilst on service with his regiment was drowned by the upsetting of a boat on the river,
near Shelburne, Nova Scotia, on 10th July 1790. n He was unmarried.
4. John Shaw, who succeeded his father.
5. Helenora, born 13th December 1765, married, on 28th January 1788, to Claud Alexander
of Ballochmyle, Ayrshire, to whom she had three sons and six daughters.
6. Catharine, born on 7th January 1767, vi and married, on 24th September 1787, to her first
cousin, Michael Stewart Nicolson of Carnock, afterwards Sir Michael Shaw Stewart of
Greenock and Blackhall, Baronet, to whom she had six sons and three daughters.

V. Sie John Shaw Heeon Maxwell, Foueth Baeonet of Speingkell, 1804-1830,
Was born on the 29th June 1772,13 succeeded his father on 4th March 1804, and was infeft
in the lands of SpringkeU and others, as heir to his father, on 24th May 1808. He was elected
1 Original Precept at SpringkeU. » Scots Magazine, vol. xlvii. p. 415.
- Pennant's Tour, vol. ii. p. 4. » Ibid., vol. xxx. p. 559.
1 Scots Magazine, vol. xxvi. p. 466. 9 Ibid., vol. lxv. p. 739.
4 Ibid., vol. Ixvi. p. 239. '» Ibid., vol. xxxii. p. 342.
' Crawfurd's Renfrewshire, Robertson's edition, n Ibid., vol. Iii. p. 464.
1'- iU- 12 Ibid., vol. xxix. p. 55.
" Scots Magazine, vol. xxvii. p. 55. " Ibid., vol. xxxiv. p. 333.

SIR JOHN SHAW HERON MAXWELL, FOURTH BARONET, 1804-1830. 449

representative in Parliament for the burghs of Dumfries, Sanquhar, etc., in 1806. He entered the
army and became a Lieutenant-Gen eral. On the death of his father-in-law he assumed the addi
tional surname and arms of Heron. He married, at Kirouchtrie, on 4th January 1802, Stuart Mary
Heron, only surviving child and heiress of Patrick Heron of Heron, in Galloway, M.P. for the
Stewartry of Kirkcudbright, by his wife Lady Elizabeth Cochrane, only daughter of Thomas eighth
Earl of Dundonald. Sir John died on 29th January 1830. Of his marriage with Miss Heron, who
survived her husband, and died on 18th June 1856, there were seven sons and five daughters : —
1. William, born 24th October 1803, and died 26th June 1810.1
2. Patrick, who succeeded his father.
3. John, who succeeded his brother.
4. Michael Heron Maxwell Heron of Heron, born on 8th November 1809.2 He entered the
army, and was a captain in the 87th Royal Irish Fusiliers. After leaving the army, he
became a Clergyman of the Church of England, and is now Vicar of Heddon on the Wall,
county of Northumberland. On the death of his mother in 1856, he succeeded to the
estate of Kirouchtrie in Galloway, assuming the surname and arms of Heron. He married,
in February 1834, Charlotte Frances, eldest daughter of Captain Burgoyne, R.N. He has
issue two sons and two daughters.
5. Charles Douglas, born 10th October 1813,3 died in 1824.
G. Robert Heron, born 24th November 1815,4 died in February 1828.
7. Edward Heron, born 2d March 1821,5 now of Teviotbank, in Roxburghshire, an estate
lately purchased by him. He married, on 20th October 1847, Elizabeth EUen Stopford
Blair, only daughter of Colonel Stopford Blair of Penninghame, Wigtonshire, and has issue,
three sons and four daughters.
8. Elizabeth, married, 27th September 1819, Sir James Dalrymple Hay of Park Place, and had
an only son, Sir John Charles Dalrymple Hay, now of Park Place, M.P. for Wakefield.
He is a Captain in the Royal Navy. Lady Hay died on 10th February 1821.
9. Margaret Stewart Heron, was born on 24th October 1803.6 She resides at Creebridge,
near Newton-Stewart, unmarried.
10. Jane Stuart, born on 4th June 1806," and married, in August 1827, to her cousin, John Shaw
Stewart, Advocate, Sheriff of Stirlingshire, and has issue three sons and five daughters-
Mr. Stewart died on 29th June 1840.
11. Mary, born on 17th September 1811,8 and married, on 27th April 1836, to James,
now Sir James Dalrymple Horn Elphinstone, of Horn and Logie-Elphinstone, Baronet,
M.P. for Portsmouth, and has had five sons and two daughters, of whom three sons and
one daughter survive.
12. Helenora Catharine Heron, was born 21st May 1818,9 and married, on 6th November
1838, to Hew Drummond Elphinstone Dalrymple, fourth son of Sir Robert Dalrymple
Horn Elphinstone, and has issue a son and a daughter.

1 Scots Magazine, vol. lxxii. p. 560.
"- Ibid., vol. lxxi. p. 878.
J Ibid., vol. lxxv. p. 878.
4 Ibid., vol. lxxvii. p. 957.
5 Edinburgh Magazine, vol. viii. p. 397.
VOL. I.

6 Kirkpatrick Parish Records.
7 Ibid.
8 Scots Magazine, vol. lxxiii. p. 796.
" Edinburgh Magazine, vol. ii. p. 596.

3l

450 THE MAXWELLS OF SPRINGKELL.

VI. 1. Sie Pateick Heeon Maxwell, Fifth Baeonet, 1830-1844,
Was born on 1st January 1805. His elder brother William having predeceased his father,
unmarried, Sir Patrick succeeded him as fifth Baronet, on 29th January 1830. Sir Patrick took
an active part in the ecclesiastical questions which were agitated in his day, and supported the
party who seceded from the Established Church in 1843, and formed themselves into the Free
Church. He never married, and died on 27th August 1844, in the fortieth year of his age.

VI. 2. Sie John Heeon Maxwell, Sixth and peesent Baeonet of Speingkell,
Succeeded his brother Sir Patrick on the 27th August 1844. He was born on 7th March 1808.
He is a Lieutenant in the Royal Navy, and married, on 7th November 1833, Caroline, daughter
of the Honourable Montgomery Granville John Stewart, brother of George eighth Earl of Gal
loway. They have had five sons and five daughters, viz. : —
1. John Robert Heron-Maxwell, born 4th June 1836. He is a Lieutenant in the 15th (the
King's) Hussars.
2. Robert Charles Heron-Maxwell, born 19th July 1845, and died 11th April 1846.
3. Robert Charles Heron-Maxwell, born 7th August 1848.
4. Arthur Wellington Heron-Maxwell, born 14th September 1852.
5. Spencer Horatio Walpole Heron-Maxwell, born 7th December 1855.
6. Caroline Mary Heron-Maxwell.
7. Mary Catherine Dundonald Heron-Maxwell.
8. Louisa Susan Marlborough Heron-Maxwell.
9. Edith Elphinstone Heron-Maxwell.
10. Beatrice Ethel Heron-Maxwell.

Armorial Bearings.
Shield : Argent, on a saltier sable, an annulet, or, stoned, azure ; in base, a crescent of the second,
all within a bordure, gules, charged with eight bezants.
Crest : A dexter hand proper, holding up an eagle's neck, with two heads, erased, sable.
Supporters : Two eagles, close, regardant, sable.
Motto : Revirescat.

451
III.— MAXWELL OF DALSWINTON,
In the Parish of Kirkmahoe, Nithsdale.
In the thirteenth century, the lands of Dalswinton belonged to John Cumyn, Lord of Bade-
noch, popularly styled Red John Cumyn. His grandson, of the same name and popular appella
tion, was kiUed by Bruce and Kirkpatrick before the high altar of the convent of the Minorites
in Dumfries, in 1 305. The castle of Dalswinton, which belonged to Cumyn, was at the same time
burned by Bruce. The castle stood near the site of the present mansion-house, which was buUt by
the late Mr. Patrick MiUer, when proprietor of Dalswinton. Large portions of the castle walls were
standing in 1750, and their remains showed that the castle had been very large and strong.
Even as late as the year 1792 part of the ruins remained, and were described by Allan Cunninghame,
who lived in the vicinity, as being twelve, and in one place fourteen, feet thick ; " bits of burnt
wood" were then stiU clinging to them. Cunninghame also describes the old cow-house of Dal
swinton, from his own observation, and says that it had a heavy stone vault, an outer door of
wrought iron, and an inner one braced with broad iron bars, fastened with iron rivets.
On the downfaU of the Cumyns, Bruce granted the estate of Dalswinton to one of his own
adherents, Stewart, ancestor of the Earl of Galloway, in whose family it continued until the
seventeenth century, when they sold it to John Rome, merchant in Dumfries. From his posses
sion it was called, in charters from the Crown, the barony of Dalswinton-Rome. John Rome
afterwards sold the barony to James Douglas of Mouswald, who, in the year 1649, when lands
were at the " dearest," again sold it to John Maxwell, who was an advocate at the Scotch bar,
and is said to have been a brother of Sir Robert Maxwell of Orchardton.1 The price paid by John
Maxwell was 52,000 merks.2 The disposition was taken to him and Janet Nisbet, his spouse,
in liferent, and Marion MaxweU, their eldest daughter, and to her sons ; whom faUing, to Rachel
MaxweU, their youngest daughter, and her sons ; whom failing, to the nearest heirs-male and
assignees of the said John Maxwell. There was a provision that the daughters, or either of them
who should succeed to the lands, should be obliged to marry a person of the name of MaxweU,
otherways to be secluded from all right to the lands.
I. Maeion Maxwell of Dalswinton, and Me. Hugh Maxwell, W.S., hee Husband,
1670-1704.
Marion Maxwell, the eldest daughter of John Maxwell of Dalswinton, married, in 1670,
Mr. Hugh Maxwell, W.S., son of Mr. George Maxwell of Auldhouse, by his third
wife, Janet Douglas, as already shown in the account of the Auldhouse family.3
Hugh Maxwell was born about the year 1636, as in a discharge granted
by him on the last of June 1657, he states that he had then completely attained the
age of twenty-one years,4 and that he was then in a capacity to know and judge
1 Letter, dated 29th May 1815, by the late Hugh able cadets, as John Maxwell, predecessor by the mother
Maxwell, younger brother of William Maxwell of to George Maxwell, now of Dalswinton." — [Robertson's
Dalswinton, to his daughter, Harriet Maxwell, now edition, p. 89.]
Mrs. Symons, of No. 6, Saint Colme Street, Edin- 2 Information for Mr. Hugh Maxwell of Dalswinton.
burgh. George Crawfurd, however, in his History of — [Original at PoUok.]
Renfrewshire, apparently points to another origin for 8 The younger daughter of John Maxwell of Dal-
the first John Maxwell of Dalswinton. He says, "The swinton married John Mure.
Maxwells of Bredieland have furnished some consider- * Original Discharge at Pollok.

452 THE MAXWELLS OF DALSWINTON.
of things done to his utility in his minority, and being weU satisfied with the care and pains
taken in his education in Uterature, and that the expenses so far surmounted his patrimony, he
therefore discharged his tutors thereof.
Next year, by indenture dated 2d July 1658, Hugh MaxweU became apprentice to John
Sempill of Balgone, Writer to the Signet, for three years.1 This indenture contains several strin
gent clauses on the apprentice. Among other things, he became bound not to be "ane cairter"
(card-player), " dycer, drinker, or night-walker, nor haunt, nor beir companie with any such vicious
persouns," under a penalty of £100 Scots.
Mr. Hugh Maxwell, like his immediate ancestors, and his cousin, Lord Pollok, was a strict
Presbyterian. For refusing to take the test under the special commission, held by the Marquis
of Queensberry and John Graham of Claverhouse at Dumfries in 1684, he was imprisoned in the
Tolbooth of Edinburgh, where he continued for many months. He was afterwards fined.2
Hugh and Marion Maxwell had two sons, George and James. The latter died unmarried, and
left a good fortune to his nephew, Hugh Maxwell, the eldest son of his brother George. Mr. Hugh
Maxwell of Dalswinton died in July 1704,3 and was succeeded by his eldest son, —
II. Geoege Maxwell, Second of Dalswinton, 1704-1720,
Who, previously to his succession to Dalswinton, appears to have taken charge of the barony
of Dalswinton on behalf of his father. In a letter written by him to Lord Pollok on 13th June
1698, he complains of the conduct of the tenants of the barony of Duncow, adjoining Dal
swinton, who claimed a right to the moor of Duncow, although a declarator of property in it had
been obtained against the late two Earls of Nithsdale. He writes, — " Such is their con
tinued insolence (that not to speak of baise and crueU words and reflections), upon Saturday last
they gathered about the number of fourscore persons to have brocken or carried away the peats
that we had casten ourselves ; . . . and if you doe not own use in owr just right, and befriend
us, we shall certainly be rune doun by an ungodly pack of papists and demi atheists in this place,
who would devour us through meer peak and malice against our profession."4
George Maxwell and his cousin, Sir Patrick MaxweU of SpringkeU, had some misunder
standing about old pecuniary matters ; 5 but through the intervention of friends, the questions
between them were amicably arranged, and they were afterwards on the best of terms, and their
eldest sons liaving married sisters who were daughters of Douglas of Kelhead, the bonds of friend
ship between them were strengthened. Failing other heirs who are named in an entail of Dal
swinton, made by George Maxwell, the second son of Sir WUliam MaxweU of SpringkeU is named,
as will be afterwards seen.
1 Original Indenture at Pollok. Maxwell and nine other landed proprietors, dated 8th
' Wodrow, vol. iv. pp. 128-136, where he is called August 1690. — [Original Letter at Melville House.]
that exceUent and worthy gentleman. Mr. Napier, on . Recm.d rf ComlniB8ariot of Edmburgn Testaments,
the other hand says that Hugh Maxwell was sent to vo,_ M mh g tember i704.-[Register House.] Also
prison to think better of not taking the test (Memoirs ^^ for ;nfefti Q Maxwe]1 &g ^ ^ Mg fafli
of Dundee, vol. ,. p. 342). _ Mr. Hugh Maxwell was no dated 1Qth Ootober 1704-_[At d^;^.-,
the only landed proprietor in Dumfriesshire who refused
to take the test, as appears from a letter to the Earl of "* °"g'nal Letter at Pollok.
Crawford, President of the Council, signed by Hugh « Abstract of Letter in SpringkeU Inventory-book.

GEORGE MAXWELL, SECOND OF DALSWINTON, 1704-1'720. 453
George Maxwell had a great dislike to persons professing the Roman Catholic faith, who are
excluded from succeeding to Dalswinton by the following clause in the crown charter of the
lands and barony in favour of Hugh Maxwell his son, dated 27th July 1724 : 
Providing also, as by these presents it is expressly provided and declared, and ordained to be em
braced in the instruments of resignation, sasine, and others following thereon, that it shall not be allowable
nor lawful for any one of the members of taillie above specified to be a Papist, or once to profess the reli
gion of the Pope, or to marry a popish wife, or be married to a popish husband, or to be united to a popish
family : And if any of them act on the contrary and become a Papist, or once profess the religion of the
Pope, or marry or be married as aforesaid ; then, and in that case, every such heir of taillie, male or female
and the descendants of their bodies, shall be incapable of succeeding to the said lands and estate, if they
shall ever have been Papists, or have once professed the religion of the Pope, or have married or beeu mar
ried to a Papist : And if after succession to tbe foresaid lands they may become Papists, or once profess the
religion of the Pope, or form a matrimonial connexion with a popish family, that by that very act they
shall forego, and lose all right, title, and succession above specified to the lands, barony, and others above
mentioned ; and the same, in the case foresaid, shall fall, accresce, and belong to the next heir of
taillie, etc.1
This charter proceeded on a disposition made by George Maxwell in favour of himself and his
four sons after named, whom faUing to the second sons respectively of Mr. John Maxwell, son of
the late Mr. Zacharias MaxweU of Blawarthill, and of Sir William Maxwell of SpringkeU.
George MaxweU married, in the year 1700, Jane Campbell, daughter of Lord Neil Campbell,
second son of Archibald Marquis of ArgyU, and had issue four sons and two daughters : —
1. Hugh, who succeeded his father.
2. Neil, who had one son of the same name, who resided in London. His grandniece, Harriet
MaxweU, Mrs. Symons, before mentioned, remembers this son, then an old man, and un
married, often caUing at her father's house when she was young.
3. Archibald Maxwell.
4. John MaxweU, who entered the army and became a captain. He died at Bath on 24th
February 176 6.2
5. Jane Maxwell.
6. Marion MaxweU.
George Maxwell died in the year 1721, and was succeeded by his eldest son,
III. Hugh Maxwell, Thied of Dalswinton, 1721-1765.
Six years after his succession, and on 30th April 1727, Hugh Maxwell married Jane, second
daughter of Sir WUliam Douglas of Kelhead.3 Of this marriage there were six sons and one
daughter. Hugh Maxwell died in March 1765. His children were : —
1. William, who succeeded his father.
2. George William. He was accidentaUy shot at Twyning, in Gloucestershire, on 15th June
1779. Whilst in the act of loading his gun to shoot small birds, as food for his children's
hawk, the gun went off, and the charge having lodged in his face, he was kUled on the spot.
1 Original Charter in Dalswinton charter-chest.— 3 The only surviving grand-daughter of Jane Douglas,
[Translated.] Harriet Maxwell, Mrs. Symons, has a miniature of
2 Scots Magazine, vol. xxviii. p. 111. Jane Douglas.

454 THE MAXWELLS OF DALSWINTON.
He married Ann, heiress of Peter Handcock of Twyning Manor, Gloucestershire, and of Norton,
Worcestershire, by whom he had one son and four daughters, viz. : —
1. William George Maxwell of Twyning, who was a clergyman in the Church of England at
Bridgenorth in Shropshire. He was killed at Twyning in November 1838, by an acci
dent somewhat similar to that which carried off his father, — the bursting of his gun when
out shooting. He died unmarried, and was succeeded in Twyning by his sister Helen.
2. Anne Maxwell, who married the Rev. W. J. Young of Birmingham. She died in January
1858 without issue.
3. Jane Charlotte Maxwell, who married Henry Fowke, solicitor, and Deputy Recorder of
Tewkesbury. Their children were —
1. Anne Rachael Fowke, who married Richard Gumbleton of Glanatore, county of Cork,
Ireland. Their only surviving son, Richard John Maxwell Gumbleton, married Isa
bella Matilda, only daughter of the Honourable Judge Des Barres, and has issue. He
is the heir- presumptive to his aunt, Mrs. Stocker, in the estate of Twyning.
2. Jane Mary, married Walter B. Stocker, Post-Captain R.N., without issue. Mrs. Stocker
succeeded her aunt, Helen, in Twyning Manor, and is the present proprietor.
4. Helen Frances succeeded to Twyning on the death of her brother, WiUiam George. She
died unmarried, 1 4th July 1858, and was succeeded in Twyning by her niece, Mrs. Stocker.
5. Mary Maxwell died young, and unmarried, in 1793.
3 & 4. James and John Maxwell, third and fourth sons of Hugh Maxwell, both died young
and unmarried.
5. Hugh, the fifth son of Hugh Maxwell and Jane Douglas, married Jane Henrietta, daughter
of Sir GUbert Grierson of Lag, Baronet, by whom he had one son and three daughters, viz. : —
1. Hugh, who married Anne Thomas. Mrs. Maxwell succeeded to her uncle Charles Goodwin,
Cheshire, and her husband thereupon added the name of Goodwin to that of MaxweU.
Hugh Maxwell entered the army, and became a Lieutenant-Colonel. He died at Mount
Alyn, Denbighshire, on 15th January 1846, aged eighty- three, without issue.
2. Jane,1 died at Dumfries, unmarried,, on 16th December 1826.
3. Margaret, died at Annfield near Mount Alyn, Denbighshire, unmarried, on 26th August
1850.
4. Helen, died at Dumfries, unmarried, on 10th December 1821.
5. Harriet, married John Symons, Esq., Physician, Dumfries, and had one son, John, who, to
the great grief of his parents, died in 1838, in his sixteenth year, while a student at
the University of Glasgow. Mrs. Symons resides at No. 6, St. Colme Street, Edinburgh.
Hugh Maxwell died at Forrest, in Montgomerieshire, North Wales, on 10th July 1810.
6. Charles Maxwell, married Eleanor Bagshawe, widow of John Fonblanque, merchant in Lon
don. His grand-daughter, Mrs. Philipps, in a letter dated 16th February 1863, writes : — "I
remember him" (my grandfather) " perfectly, as it was my privilege to be a pet, and I used to stand
1 She received from her grandmother, Jane Douglas, Dalswinton 's gift." This is now the property of Mrs.
a handsome silver coffee-pot, engraved with the family Symons, only surviving sister of Jane Maxwell.
arms, and inscribed, — " Jane Maxwell, her grandmother

WILLIAM MAXWELL, FOURTH OF DALSWINTON, 1765-1*786. 455
up on a chair to comb his beautiful white silky hair. He was very handsome. He died at my
mother's house at Tiverton, Devon, in 1817." She also writes that he never smiled after the
death of his two sons. He had two sons and four daughters, viz. : —
1. Charles, a Captain in the Fourth Native Infantry at Bencooien, East Indies, where he died
unmarried, on 16th December 1800.
2. Hugh, first mate of an East Indiaman, died from a stroke of the sun, unmarried. Jane
Maxwell, writing, 29th December 1801, to her brother Charles, with whose death she
was not then acquainted, says — " My little girl never saw her uncle though she was three
years old when he died." She had before stated that the child was more than four years
of age, which would have made the date of Hugh's death about the end of 1800.
t 3. Eleanor, married James West of the Royal Navy. She died on 1 1th December 1833, s.p.
4. Jane, married John Martin of Plymouth. They had two daughters, Ellen and Laura. Mrs.
Martin died on 19th April 1852.
5. Catherine, married Christopher Vowell, Major in the 88th Regiment, and had one son,
Christopher Maxwell Vowell, and two daughters, Margaret Eleanor, Mrs. Philipps, and
Katherine, Mrs. Harris. Mrs. Vowell died on 10th May 1844.
6. Frances, married Michael Foveaux of the War-Office, and had a son, Charles, surviving.
7. Helena, married Benjamin Roebuck, merchant in Sheffield, grand-uncle of Mr. J. A. Roe
buck, now M.P. for Sheffield.

IV. William Maxwell, Foueth of Dalswinton, 1765-1786,
Was baptized on 11th July 1728, as appears from the Record of Baptisms of the parish of Kirk-
mahoe. He succeeded to his father in 1765, and was served heir to him in 1767. He entered
the army, and became a Major. During his absence on service, he intrusted the management of
the estate of Dalswinton to his younger brother Hugh, who frequently resided there. Owing to
the failure of the bank of Douglas, Heron, and Company, Ayr, of which he was a shareholder,
Major Maxwell became so involved, that he was obliged to sell Dalswinton in the year 1786.
Major MaxweU married Mary Boscawen, daughter of Viscount Falmouth, without issue.
Dalswinton was purchased from Major Maxwell by Mr. Miller, who commenced a series of
improvements, which have been well carried out by Mr. Macalpine Leny, the present proprietor,
himself the originator of many improvements upon the property, contributing greatly to its beauty
and to its agricultural value.

456

IV.-THE MAXWELLS OF COWGLEN,
In the Parish of Eastwood, and County of Eenfrew.
Previous to the beginning of the sixteenth century, the lands of Cowglen belonged to the
Earls of Lennox, as part of their lordship of Darnley. The family of Elizabeth Stewart, daughter
of John first Earl of Lennox, of the house of Darnley, by her husband, John Maxwell of Pollok,
profited by their connexion with the house of Lennox. The eldest son, as has been shown in his
memoir, obtained the lands of Henrieston. The second son was assisted to preferment in the
Church, and became Bishop of Orkney. The third son, George, was also in favour with his cousin
John third Earl of Lennox, and was assisted by him in acquiring several properties in the lordship
of Darnley. One of these was Cowglen, comprising East and West Cowglen.1
The mansion-house of Cowglen, which existed in the time of George Maxwell, the first owner
of the name, has long disappeared, and no remains of it can now be traced. The manor place of
Cowglen is the place appointed for taking sasine in favour of Sir George Maxwell of Pollok, for his
land in the regality of Darnley, by charter of the Duke of Lennox in 1645. From old trees which
still exist at East Cowglen, and other indications of ancient residence, it is probable that the mansion-
house stood at the East Cowglen.
In the year 1800, a new mansion-house, with extensive offices, was buUt on a rising ground,
commonly caUed " The Mount," which is about midway between East and West Cowglen, and
extends on each side of the march dividing the two Cowglens. From this modern house there is
an extensive view of the surrounding country.
Captain Geoeqe Maxwell, Fiest of Cowglen, 1518-1528.
John, third Earl of Lennox, in 1518, sold to his cousin, George Maxwell, third son of Sir
John Maxwell of Pollok and Elizabeth Stewart, the £3 lands of Cowglen, and the £1 lands of
Little Cowglen. On the 24th September 1518, the Earl granted to George a charter of the lands
of Arden, in the lordship of Darnley, in warrandice of the lands of Cowglen.2 George was infeft
in the lands of Arden on the 27th of the same month.3
George Maxwell purchased from the Earl his right to redeem the lands of Meikle and Little
Cowglen; and on the 29th of June 1519, he took instruments, on the renunciation by the Earl,
of his right of redemption.4
The Earl of Lennox sold to his cousin other lands adjacent to Cowglen. In 1521, the Earl
granted to him a disposition of the lands of Pottarton, Deaconsbank, and HiUfield, aU in the lord
ship of Darnley ; and WUliam Maxwell, parish clerk of Eastwood, as bailie of the Earl, infeft George
in these lands on the 20th November and 4th January 1521. 5
The Earl of Lennox supported his cousin, George Maxwell, in the possession of his acquired
lands. On 1st May 1524, the Earl granted to him a bond of manrent, whereby, in consideration
1 It appears from a docreet-arbitral, dated 3d January 2 Vol. i. p. 236.
1500, that Arthur MaxweU, who had a liferent right to , original Sasine at Pollok.
the lands of Glanderston, was to be infeft, in lieu there
of, by the Earl of Lennox, in forty shillings' worth of land ° • '• P" 23^"
of the Over Culglen.— [Caldwell Papers, Parti., p. 52.] c Vol. i. pp. 247-249, and original saBines at Pollok.

CAPTAIN GEORGE MAXWELL, 1518-1528. 457
of George becoming man to the Earl, "of special retineu," he binds himself to maintain, help,
supply, and defend him in his lawful actions against all persons, excepting the sovereign.1
While Captain Maxwell was thus protected by his powerful cousin on the mother's side, and
enabled through him to make additions to his property, he was equally fortunate in having the
favour of his chief, the Lord Maxwell, and also of the spiritual lord of his district, Gavin Dunbar,
Archbishop of Glasgow, who, on Sth December 1527, granted a bond of maintenance to George,
promising to defend him in his just quarrels and actions against aU persons except the sovereign.2
Robert fifth Lord Maxwell appointed George Maxwell of Cowglen to be constable and keeper
of the Castle of Mearns for seven years, from 28th January 1520, with the usual fees and emolu
ments belonging to that office.*1 By a new appointment, dated at Mearns on the 18th of August
1528, Lord Maxwell again named George Maxwell his bailie of the lordship of Mearns, and keeper
of the Castle of Mearns.4
Captain George Maxwell, besides acquiring these lands and offices, also obtained from the Duke
of Albany, Governor of Scotland in the minority of King James V., the marriage of the heir of the
late John Maxwell of Pollok, by gift dated 22d April 1524.6 This gave to George Maxwell
charge of the estate of Pollok during the minority of his grandniece, Elizabeth Maxwell, the heiress.
He arranged that his eldest son should marry the heiress, which he did when they were both quite
young, as has been already explained in the memoir of them.6
Robert Maxwell, Bishop of Orkney, resigned, on 17th September 1527, in favour of his
brother, George MaxweU of Cowglen, the lands of Easter SheUs and Govan Haggs, reserving the
liferent thereof to their mother, Elizabeth Stewart, Lady Nether PoUok.7
In the following year, George Maxwell is named in several instruments connected with the
lands of Pottarton and Deaconsbank, and others.8 These transactions show that he had been active
in business, and in looking after the affairs of himself and his friends till within a few weeks of his
death, which occurred in the month of December 1528.9
His testament was made at Glasgow on the 30th of August 1522. It states that it was
made on account of the impending wars, which probably referred to the contests between King
Henry VIII. and the Regent Albany. As George is styled Captain, it is probable that he took
part in them, and the gift of the marriage of the heiress of Pollok may have been conferred upon
him for his services.
In his testament, Captain Maxwell named as his executors, his brother, Robert Maxwell, then
Chancellor of Moray and Canon of Glasgow, Janet Maxwell, wife of George, the testator, and
Mr. John Reid, Vicar of Campsy.
He commits his soul to God Almighty, and his body to be buried where it pleases the Divine
Goodness. He leaves fourpence to the fabric of St. Quintin, and ordains that a chaplain celebrate
masses for him at the altar of the Virgin Mary in the church at Eastwood daily, and five masses on
each feast of the Virgin for seven years after his death. He also leaves nine cows for the support
of the various altars in the churches of Eastwood and Mearns.10
1 Vol. i. p. 252. e Supra, p. 25.
2 Vol. i. p. 257. ' Vol. i. p. 253.
3 Vol. i. p. 245. 8 Vol. i. pp. 254, 257, 259.
* Copy Appointment at Pollok. 9 Original Letters of Advocation at Pollok.
5 Original Gift at Pollok. I0 Vol. i. p. 251.
VOL. I.

3 M

458 THE MAXWELLS OF COWGLEN.
By his wife, Janet Maxwell, daughter of Maxwell of Tinwald, he had three sons and two
daughters. Janet survived him, and having married, secondly, John Maxwell of Dargavel, died
before 19th March 1546.
The sons and daughters of Captain Maxwell were : —
1. John, who married his cousin, Elizabeth Maxwell, heiress of PoUok, and carried on the
line of that family as already shown.
2. Robert. In the charter by Robert Lord Maxwell to John Maxwell, younger of Cowglen,
and Elizabeth Maxwell, heiress of Pollok, on the occasion of their marriage, of the lands of
Pollok and Carnwaderick, dated 15th August 1536, Robert Maxwell is named in the destination
to the heirs-male next after the issue of the marriage.1 This shows that Robert was immediate
younger brother of John. Robert would have been the heir-male of the family if his elder
brother had died without leaving sons. On 4th May 1542, Janet Cathcart, relict of WiUiam
Maxwell of Carnwaderick, raised a summons against Robert Maxwell, and John MaxweU of
Pollok, his brother, for spoliation of her house of Carnwaderick.2 Robert was living on 10th Octo
ber 1545, as appears from a receipt in which he is mentioned.3 No further notice has been found
of Robert, and it is probable that he died soon afterwards unmarried.
3. George, who was under seventeen years in 1522, when his father made his testament,
in which his executors were ordained to maintain his son George from his goods and substance
till he attained the age of seventeen, and then to pay to him the sum of £10.4 George MaxweU
probably died before 15th August 1536, when the charter of that date just mentioned was granted
to his eldest brother John, on the occasion of his marriage, as Robert Maxwell, brother of John,
is called to the succession of PoUok, failing sons of John ; and after Robert and his sons, Robert
Bishop of Orkney is nominated as the next heir. From the omission of George in this destination
of the family estate, it appears certain that he had died young, and without issue.
4. Margaret MaxweU, when a girl of less than seven years of age, was contracted in marriage
to John Stewart, younger of Minto, who was then a boy of the same age. The marriage does not
appear to have been entered into, and John Stewart brought a reduction of the settlement made by
the parents of the minors, when the marriage was broken off. On 17th September 1529, Alan
Stewart of Craighall, and William Stirling of Glorat acknowledged their obligation to pay to
Margaret 250 merks for her marriage, and, in the event of her dying unmarried, to Marion her sister. 5
Margaret MaxweU died between 8th November 1542 and 20th January 1543, without issue.6
5. Marion MaxweU, who, as sister-german and nearest heir of the late Margaret MaxweU, raised
a process of cursing against George Stirling of Glorat, son and heir of the late WilUam Stirling of
Glorat, for non-payment of 250 merks " to her marriage." Letters of poinding and apprising
were also raised against him at the instance of Marion Maxwell on the 20th of January 1543.7
1 Vol. i. p. 273. a Copy Summons at Pollok. who is called " brodir naturali " to John Maxwell of
3 Original Receipt, ibid. PoUok, in an indenture dated 24th November 1559, be-
' Vol. i. p. 251. tween George and William his "sone carnal!" and
5 Original Acknowledgment at Pollok. Adam Scott, smith in Glasgow, to whom William be-
0 Copy Summons of Reduction at PoUok. Sir John came apprentice. — [Original at PoUok.]
Stewart married first Johanna Hepburn. By his George Maxwell of Cowglen had a natural daughter,
second wife, Margaret, daughter of James Stewart of Janet, who married John Gibson, son of Thomas Gib-
Cardonald, he was father ofthe first Lord Blantyre. son, in Govan, as appears from the contract of their
7 Original Letters at Pollok. George Maxwell of marriage, dated at PoUok, 18th April 1545.— [Original
Cowglen appears tu have had a natural son, George, at PoUok.]

WILLIAM MAXWELL, 1518-1528. 459
William Maxwell, younger brother of Captain George MaxweU of Cowglen, and fourth son of
Sir John Maxwell of Pollok and Elizabeth Stewart, was generally designated of Carnwaderick, which
was then a- separate property, but now forms part of the Pollok estate. He granted an obligation
in favour of his brother George, on the 23d October 1527, binding himself not to uplift any of the
duties of the lands of Potterton, HiUfield, and Deaconsbank, so long as he was not troubled in the
possession of Carnwaderick and Pollokhaugh.1 This WUliam Maxwell is named as the next heir-
male after his brother, the Bishop of Orkney, in the destination of the PoUok estate which was
made on the occasion of the marriage of his nephew John Maxwell with Elizabeth, the heiress of
PoUok. On the 27th August 1536, John and Elizabeth Maxwell of PoUok granted a charter to
William Maxwell of the lands of Carnwaderick in liferent, and to him and his spouse, Janet
Cathcart, of the lands of Pollokhaugh, in fee.2 It appears from an instrument, dated 1 7th July
1539, that certain occupiers therein named of " maylings " called Govan Schelis, each gave over
his mayling, with a piece of tree, as use is, to William Maxwell, as bailie of his mother, Dame
Elizabeth Stewart, Lady of Pollok, tenant of Govansehelis to my Lord of Glasgow.8 On the 23d
March 1540, and the 26th March 1541, William Maxwell, along with Walter MaxweU of Aitken-
head, delivered to the Laird of PoUok certain furnishings which had belonged to the Bishop of
Orkney.4 William died before 13th July 1542, on which date Janet Cathcart, as his relict, and
their three children, John, Robert, and Isabel, received a lease of Carnwaderick from John and
Elizabeth Maxwell of Pollok.5
Janet Cathcart married, secondly, with consent of John Maxwell of Pollok, John Roberton of
Ernock6 She continued to possess Carnwaderick and Pollokhaugh till 18th January 1565, when
she and her son John Maxwell resigned all claim to these lands in favour of Sir John and Elizabeth
Maxwell, for the sum of 400 merks and right to Over Cowglen.7
In the year 1719, a question arose betVreeu William Duke of Montrose, as in place of
the Lennox family by purchase of the lordship of Darnley, and Lord Pollok, as to the lands of
Cowglen, which, with other lands, were wadset in the year 1662 by the Duke of Lennox to Lord
Pollok's father. Several papers were written by the agents of the Duke of Montrose, on tlie one
side, and by Lord Pollok ou the other. The Duke maintained that the lands of Easter Cowglen
were included in the wadset, and could then be redeemed as his property. Lord Pollok maintained
that the lands were his own property, and were included in tbe wadset by mistake.
The Duke made inquiry in the country on the subject, aud stated that by the common repute
the Meikle Cowglen is a £4 land, and that the tradition of the country is that the Damshott and
Little Cowglen were in a kindly tenandry to one Maxwell, whose family became extinct, leav
ing only one sister behind, who died about fourscore years ago, and my Lord Pollok's father or
grandfather succeeded to her in the possession of these two mailings.
It is added in the memorandum for the Duke, that the two Cowglens are distinguished likewise
by the names of Over and Nether Cowglens, and the Nether Cowglen is the Meikle or Wester
Cowglen.8 Lord Pollok disputed these arguments, and, it is understood, successfuUy.
1 Vol. i. p. 254. 4 Vol. i. p. 283. 7 Extract Contract at PoUok.
2 Vol. i. p. 276. 6 Copy Lease at Pollok. 8 Memorandum, dated 28th October 1719, at Buch-
3 Original Instrument at Pollok. 6 Copy Consent, ibid. anan.

460

V— THE MAXWELLS OF CALDERWOOD,
In the Parish of Kilbryde, and County oe Lanark.
This is the oldest branch of the Maxwells of Pollok. Sir John Maxwell, the fourth baron
of Pollok, acquired many lands in addition to his paternal estate, and settled Calderwood and several
other estates on his second son, Robert, the ancestor of the Maxwells of Calderwood. The in
denture by which Sir John Maxwell, on the 14th of December 1400, settled his estates of PoUok
and Calderwood on his eldest and second sons respectively, is a very formal instrument.1 Sir John,
the eldest son, and his heirs were thereby provided to Pollok, and the other lands therein specified;
while Robert and his heirs were provided to the estate of Calderwood, and to the lands of Dripps,
Jackton, Allertown, Newlands, Greenhills, the two Aikenhea'ds, the over lordship of a quarter of
Thornton, all in Lanarkshire, and Hawkshaw, Finglen, and Carterhope in Tweedmuir.
These lands, or such of them as remained unsold, were, by King Charles II. by a charter
under the Great Seal, dated Sth March 1667, in favour of William Maxwell of Jackton, afterwards
Sir William Maxwell of Calderwood, Baronet, and Jane Maxwell, his spouse, erected into the
barony of Calderwood, and the mansion-house of Calderwood is thereby ordained to be the principal
messuage of the barony.
The old Castle was situated on the banks of the Calder Water. Hamilton of Wishaw, in his
account of Lanarkshire, states that it was seated upon a precipice on the water of Rottin Calder,
surrounded with woods. The date of its erection is unknown. The rock on which it stood was
sixty feet perpendicular. The following mensuration of the castle was made for Sir William Max
weU of Calderwood on 28th January 1773 : — from the top of the bell-house to the ground, 87J
feet ; from the foundation to the water, perpendicular, 60 feet. The outside of the walls was in
length 69 feet. There was 40 feet of it 35 feet wide, and the rest was 26 feet wide. The walls
were 7 feet thick for most part. There was a vault down from near the top of the house to the water.
On this mensuration Sir WUliam Maxwell endorsed the following memorandum : — " The
whole north-west side, which joined or was laid to the extraordinary thick middle wall of the two
houses, or west wall of the eastmost house, came down with almost the whole west end of the
house which joined it, on the 23d of January 1773, at half-an-hour after nine in the morning.
Not so much as a dog hurt."2
The fall of the Castle of Calderwood, and the providential safety of the inmates, by the fore
sight of one connected with the family, has been detailed in a popular periodical with such interesting
minuteness as to warrant its repetition here : —
" The fall of this castle, which took place about sixty years ago, was attended with circum
stances nf so romantic a nature, that we think them deserving of record.
" There was a Dr. Baillie, a clergyman, father to the late Sir Mathew BaiUie, physician in Lon
don, and who had been tutor to the then Sir William MaxweU and his two brothers, one of whom
was father to the present General Sir William MaxweU, who had a villa in that neighbourhood,
and was consequently a frequent visitor at the castle. One day, when at dinner with his wife, he
said he had all forenoon felt an anxiety about Calderwood, as if some of the family were ill. Mrs.
1 Vol. i. p. 139. 2 Original Mensuration and Memorandum at Calderwood.

CALDERWOOD CASTLE

/vti^i^^A

ARMS OF MAXWELL OF CALDERWOOD
FROM THE ORIGINAL IN THE HERALDIC M.S. FOL. 120 OF SIR DAVID LINDSAY
LYON KING OF ARMS JO. 1542
IN THE ADVOCATES LIBRARY EDINBURGH.

THE BARONY AND CASTLE OF CALDERWOOD. 461

in

BaUIie said there seemed no cause for such a supposition, and the conversation ended. At tea
the evening Dr. BailUe said, ' You know, Mrs. BaiUie, that I am far from being superstitious but
it is strongly impressed upon my mind that some of that family is seriously ill.' Mrs. Baillie
replied, that had that been the case, he might be sure they would have been informed of the
circumstance ; besides, he was down there four or five days before, when they were all in perfect
health. At their supper Dr. Baillie again said, ' It does not signify, Mrs. Baillie • but I have
taken an anxiety about that family that I can neither account for nor control, and I am certain
some individual there is most seriously ill.' Mrs. Baillie desired him to order his horse to the
door, and put his nightcap into his pocket, and ride down to the castle, though the family would be
much surprised at a visit at so late an hour. Dr. Bailiie arrived about eleven o'clock, when the
family were just going to bed. His first question was, ' Is the family all well V Lady Maxwell
said they were all well, thank God, and was glad to see the Doctor, and ordered a bedroom to be
prepared for him. He then explained the cause of so untimely a visit, and requested Sir William
that he would order a servant with a couple of candles to go with him into the castle while his
bedroom was preparing, as he wished to examine the east wall, where he perceived a slight rent
when he was last there, and was desirous to see if any alteration had since taken place. It may be
proper to say that all the house servants, and several of the farm servants, slept in the castle, and
most of them had gone to bed. In about a quarter of an hour Dr. Baillie returned, and said he
was certain the castle was going to fall, as the rent he had formerly noticed was considerably
enlarged. The servants were all ordered to get out of bed and to join the family, who resided in
a more modern building attached to the castle. At the top of the castle was a square tower, in
which were deposited the archives and records of the family. These Sir William had conveyed
away. The family then determined to sit up all night and see the result, when at half-past nine
in the morning the whole of the east side of the castle went over with a tremendous crash. There
was a range of stables below the castle, full of horses, but these were saved by the stables being
arched, and were dug out of the ruins two days afterwards. Thus if it had not been for a pro
vidential interposition of Dr. Baillie, nine or ten persons would have been crushed to death."1
The ruins were soon converted into a modern mansion-house, which is surrounded by many
natural beauties. Although so high above the river, the situation is low in relation to the sur
rounding country, and the view from the castle is somewhat limited. Yet it is a pleasant and
healthy residence, and the scenery immediately around, in which a fine waterfall is a conspicuous
feature, makes up for the want of a more extensive landscape.2
1 Chambers' Edinburgh Journal, vol. ii., No. 8, 23d cockbank and Moss-side, in the parish of Stewarton,
March 1833, where the above narrative is said to have and the Forty-acre lands in Kyle. These brothers had
been received from a descendant ofthe family. numerous families, which, in a short time, spread the
2 History of East Kilbride, etc. By David Ure, name of Calderwood through the county. The sister,
A.M. 8vo. Glasgow : David Niven, 1793, p. 155. who was left in Kilbride, was married to a gentleman
In this work a tradition is given (p. 168) as to the ofthe name of Maxwell, who got, by the marriage, the
estate of Calderwood having been possessed by a family whole of her father's estate. If this story, which the
of that surname for time immemorial. This family, at author says he had from one of the descendants of the
last, consisted of three sons and a daughter. The sons brother who settled in Peacockbank, is true, it is pro-
having unhappily quarrelled with the priest of the bable that Calderwood anciently belonged to a family
parish, and finding it not safe to remain any longer in bearing the name of the lands they possessed.
Calderwcod, fled for protection to the Earl of CassiUis, This, however, is one of those popular traditions in
who gave them three separate farms— namely, Pea- families which are more common than true.

462 THE MA WELLS OF CALDERWOOD.
In addition to the Castle of Calderwood, the Maxwell family had another residence at the
Castle of Mauldslie, on the banks of the Clyde, in the parish of Carluke. This was acquired by
Sir Robert Maxwell, the first of Calderwood, through his marriage with Elizabeth Danielston, and
continued in his family till the year 1640, when Sir James Maxwell, the first baronet, through his
own extravagance, was obliged to sell it.
Sie Robekt Maxwell, Fiest of Caldeewood, 1400-1421,
Owing to his connexion, through his mother, Isabella Lindsay of Crawford, with the Royal Family
of Stuart, was much at Court in the time of King Robert III. and Robert Duke of Albany,1 and,
through their interest, in the year 1402, he obtained in marriage Elizabeth, daughter and coheiress
of Sir Robert Danielston of that ilk, the representative of the ancient famUy of that name in
the barony of Renfrew. Sir Robert had large estates, and as his two daughters, Lady MaxweU
and Lady Kilmaurs, were his sole heirs, he divided his property between them. The lands of
Mauldslie, Finlayston, Stanley, Newark, and others, were thus added to the already extensive posses
sions of Robert Maxwell of Calderwood.
The honour of knighthood seems to have been conferred on Robert Maxwell about the time of
his marriage. Previously to this, he is styled simply Robert Maxwell, and in the first notice of
him after his marriage, he is styled Sir Robert Maxwell. On the 18th October 1405, he, as Sir
Robert Maxwell, Lord of Calderwood, and Sir WiUiam Cunninghame, Lord of Kilmaurs, with con
sent of tlieir respective spouses, Elizabeth and Margaret Danielston, made an agreement with Sir
Duncan Earl of Lennox, concerning the lands of Auchincloch, and at the same time set to him
in liferent the lands of Errachy More, InchecaUach, Achawle, and Inchefad, with all other isles
thereto belonging within Lochlomond.2
Sir Robert Maxwell was held in high esteem at the Court of Scotland. The Regent, Robert
1 This appears from Robert being witness to Royal of the [as]sith and satisfactione of the termys the
Charters : Reg. Mag. Sig., p. 251 ; No. 18, p. 253 ; qwhilkis I suld hafe joysit eftre the gnityn oute of the
No. 21, p. 254; Nos. 23 and 24. sayde lande wedesett, I as assignet herto haldis me
2 Vol. i. p. 145. On 14th March 1417, Robert Max- wele contentit and fulleli payt, and the sayde Schir
well of Calderwood, Knight, granted to Sir William of Willeam of Ledale al hys the sayde land wedesett and
Ledale, a discharge of the wadset of the lands of Calder- al that tharto perteignez for the saide some, and a)
side, in the following terms : — Be it kennit tyl al men [other] clame, I, for me and al other that it perteignis
be the tenor of ther [present lettres, me] Robert of or may perteigne tn, relessis, acquitis, and quite clamys
Maxuel of Caldorwod, Knycht, assigne in this case to for euer mar, be the tenour of ther presentes lettres :
my Lorde fadre, qwhylum Schir Johne of Maxuel, to Hereatour, I graunt and sickerly hechtis be ther saidez
hafe ressayuit and fullely had fra Schir Willeam of lettres to deliuer, or ger be deliuerit wytht all gudely
Ledale, sone and ayre to qwhylum Schir Johne of Le- haste tyl the sayde Schir Willeam of Ledale the lettre
dale of Lochtillok, twenty pond of sufficiand monay of of assigne giffen to me of my Lorde qwhylum fader,
the Kynryk of Scotland, for the qwhilk some the sayde apon the saide land weddesett, and all other euident
qwhylum Schir Johne of Ledale layde to wedde and and charter party thar apon made, but fraude and gyle.
wedesett to my Lorde fadre before wretyn, the lande of I wyll als, and I graunt that al tha euidentis and al
Caldorsyde, qwhylis this sayde some of twenty pond other twechand this saide wedsettyn fra heyne furth be
suld be payt tyl hym, his ayris or his assignes, in Cal- of na vertu, strenth, na pytht bot be now for nocht and
dorwod, apon a sainteaudrouis day, as contenit is in of na valou for euermar. In wemes of the qwhilk thing
certanez euidentis betwex the saide Lordes made ; of I hafe put my seel to ther [present lettres, at] Pertht,
the qwhylk forsuth twenty pond, in name and for pay- decimo qnaTto die mensis Marcij anno domini millesimo
ment of the saide land of Caldorsyde wedesett, and als [cccc] et xvii. — [Original at Pollok.]

SIR ROBERT MAXWELL, FIRST OF CALDERWOOD, 1400-1421. 463
Duke of Albany, appointed him and Mr. Robert Lanyne, Provost of Saint Andrews, by commission
dated at Falkland 26th May 1414, ambassadors to the Court of England, to treat for the release of
his son, Murdoch Stewart, Knight j1 and on the 28 th of the same month he received a similar
commission from the Regent, to treat with King Henry V. for the release of King James I., who
had been many years detained a prisoner in England.2 On the 12th May 1415, he was appointed
by the Estates of the Kingdom again to go to the. Court of England to treat of the liberation of
Murdoch, son of Albany.3
Through the favour of the Court he was sent on these missions, and his own military genius and
courage led Sir Robert MaxweU to seek foreign service. He was one of those Scottish veterans
whom John Stewart Earl of Buchan, afterwards Constable of France, transported to France in 1420,
to the aid of Charles VII., and whose valour turned the tide of victory in favour of the French.
Sir Robert was mortally wounded soon after the landing of the expedition in France. He made his
wiU at Chinon, on the 7th September 1420, and it was ratified on the 3d April 1421, before
which he was in all probability dead. He was certainly dead before 6th May 1421, when his
son John witnessed a charter, in which he is designated Dominus de Calderwood.4 Sir Robert
was buried in the church of the Friars Minors, in the city of Angers, in France, in a stately burial-
place, with a raised image of his body, as directed by his will. This will is very formal, executed
in the Latin language by a notary, who has fallen into several mistakes when dealing with Scotch
persons and properties. Sir Robert left legacies to several persons, and amongst others to his wife,
his eldest son, and his sister, " Lady Seer." To his wife he bequeathed a silver basin and ewer,
six goblets, and six silver tassies or drinking-cups, which were in the vUlage of Chinon, another
covered silver cup, and nine ells of violet cloth, besides other articles. To his eldest son he left a
silver basin and a ewer, with six goblets, three silver pots, and twelve tassies ; and to his sister,
" Lady Seer,'' he bequeathed three silver tassies. Sir Robert was not unmindful of his dependants.
He charged his heir, as he valued his blessing, to see that Allan Hamilton and his wife wanted not
necessaries for the whole period of their lives ; and the little Nicolas Carlen, his page, he left to
his eldest son, that he might give him living and clothing, and provide him with £10 for his
marriage, when he arrived at manhood. He bequeathed to his cousin, John of MaxweU, a coat-of-
mail which he used to wear, and made many other bequests, as may be seen from the wiU itself.6
Sir Robert Maxwell was twice married. His first wife was Elizabeth Danielston. The name
and family of his second wife have not been ascertained, but that he contracted a second marriage
appears from the indenture, dated 7 th April 1416, between Sir Robert and James Stewart, Laird
of KUbride, for the marriage of George Stewart, son and heir of the latter, to Marion, daughter of
Sir Robert and his first wife.6 He had two sons and one daughter.
1. John, who succeeded him.
2. Patrick, who received a Crown charter of the one-half of the lands of Stanley, part of the
Dennistoun estates of his mother, on the resignation of Sir John Maxwell of Calderwood, dated
16th of August 1473 ;T and on the 15th November following, witnessed a charter, in which he
is styled brother-german of Sir John.8 Patrick Maxwell appears to have died without issue, as the
1 Copy Commission at Calderwood. 5 Vol. i. p. 151.
2 Commission in Cottonian Library. ° Vol. i. p. 148.
" Rymer's Foedera, vol. ix. p. 244. ' Reg. Mag. Sig. lib. 7, No. 66.
4 Haddington's Collections, vol. i. p. 6. 8 Ibid., No. 74.

464 THE MAXWELLS OF CALDERWOOD.
lands and barony of Stanley soon after became the patrimony of Archibald MaxweU, younger son
of George MaxweU, nephew of this Patrick, and first of Newark. The Maxwells of Stanley con
tinued a family of importance till the year 1629, when John Maxwell of Stanley, with consent of
his wife, Janet Crawford of Fernie, and John, his eldest son, sold Stanley to dame Jean HamUton,
Lady Ross.1
3. Marion, who was contracted in marriage to George Stewart, son and heir of James Stewart
of Kilbride, by the indenture of 7th April 1416, already mentioned. James Stewart became
bound to infeft George and Marion, and the heirs of their marriage, in his barony of KUbryde ;
and failing such heirs, the barony to go to the eldest of the sons of James, who should be his
heir, and a daughter of the said Sir Robert, who should be married in like manner ; and failing
the sons of James, the barony to go to his eldest daughter, who should be married to a son of Sir
Robert.2 II. — Sie John Maxwell, Second of Calderwood, 1421-1476,
Succeeded to his father before the 6th of May 1421, on which date, as we have seen, he, under
the designation of Dominus de Calderwood, witnessed a charter. At this time he was still a
minor, and his uncle, William Maxwell of Aikenhead, acted as his tutor-at-law, as appears from a
document regarding the lands of Dripps, part of the estate of Calderwood.3
Besides inheriting the estates of his father, Sir John inherited many of his virtues and
much of his ability, and he was at a very early age intrusted with State business of great importance.
Like his father, he was, in the year 1423, appointed by the Scottish Government one of their
Commissioners to the Court of England, to treat for the release of King James I., who had then been
a prisoner in England for about eighteen years. Sir John was very desirous for the restoration
of his own Sovereign to his Scottish throne, and earnestly pressed his wishes upon the Regent
Albany. The business was successfully accomplished, and in the end of the year, King James and
1 Crawford's Renfrewshire, Robertson's edition, p. 89. plegium predicto Herbardo, prout in hoc casu postulat
2 Vol. i. p. 148. ordo iuris : de quibus quidem manifestatione et ad pie-
" In Dei nomine amen : Per hoc presens publicum gium dacione predictus Herberdus pecijt a me notario
instrumentum cunctis pateat euidenter, quod anno ab publico sibi fieri publicum instrumentum . Acta erant
Incarnacione Domini millesimo ccccm0 xxii0 indictione hee in dicto generali consilio in domo mansionis vicarii
xva pontificatus sanctissimi in Christo patris ac Domini de Strevelyng ; presentibus excellente principe Waltero
nostri, domini Martini diuina prouidencia pape quinti Senescallo de Fyf, Leuenax et Menteth, reuerendis in
anno quinto ; in mei notarii publici et testium subscrip- Christo patribus, dominis episcopo Sanctiandree, epis-
torum presencia personahter constitutus nobilis vir Her- copo Glasguensi CanceUario Scocie, episcopo Dunblan-
bardus de Maxwel dominus de Carlauero in consilio ensi, magnificis dominis, dominis Duncano comite de
generali tento apud Strevelyng xxix0 die mensis Julii Leuenax, Alexandro comite de Marr, Duncano Cam-
anno Domini millesimo ccccm0 xxii°, peciit terras suas de bel, domino de Ergevil, domino Willelmo domino de
Nethir Dryppis ad plegium alias per dominum guberna- Grame, domino Roberto domino de Erskyne pluribusque
torem Scocie recognitas : Et in continenti Willelmus de aliis ad premissa testibus vocatis speciahter et rogatis.
Maxwel tutor legittimus heredis quondam domini Roberti Et ego Willelmus de Cranystoun clericus Sanctian-
de Maxwel, domini de Caldorwode, manifestauit coram dree diocesis, etc.
dicto domino gubernatore et suo dicto consilio, quod cog- [Original in Mearns charter-chest at Ardgowan.] On
nouit dictum Herbardum dominum suum supeiiorem die- 5th February 1423, Sir John Maxwell granted a char-
tarum terrarum de Nethirdryppis : Tunc predictus do- ter to his uncle, William Maxwell, which was confirmed
minus gubernator ex deliberacione dicti consilii dedit by Crown charter, dated 26th July 1424. — [Reg. Mag.
predictas terras de Nethirdryppis cum pertinenciis ad Sig. lib. 2, No. 4.]

NEWARK CASTLE
ON THE CLYDE

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AT DARGAVEL

SIR JOHN MAXWELL, SECOND OF CALDERWOOD, 1421-1476. 465
his Queen, Lady Joanna Beaufort, daughter of the Earl of Somerset, were accompanied to Berwick
by a large train of English noblemen and ladies on their way to Scotland. The King and Queen
were crowned at Scone on the 21st May 1424, and later in that year Sir John Maxwell returned
to England as one of the hostages for the payment of the King's ransom,1 accounting it an honour
to be instrumental in procuring the liberty of his Sovereign even by his own captivity. Fortunately
his captivity was not of long duration ; he soon regained his liberty in exchange for an English
prisoner in Scotland.
Being an accomplished knight, and of good address, Sir John was one of those chosen to accom
pany the Princess Margaret, the eldest daughter of King James I., when she went to France to be
espoused by the Dauphin, afterwards Louis XI. They sailed on the 20th June 1435 under com
mand of the Earl of Orkney, Admiral of Scotland, who had forty-six ships in readiness to transport
the Princess and her train, which consisted of sixteen noblemen and gentlemen, including Sir John
Maxwell of Calderwood, and " one hundred and forty ladies and young gentlewomen." 2
Again, on the 8th June 1454, Sir John MaxweU was chosen as one of the ambassadors extra
ordinary to England to treat of a peace between the two countries, and the object of this embassy
was also happUy attained.3
In addition to these important missions abroad, Sir John MaxweU, especially during the latter
part of his life, was also much occupied with public business in his own country. He sat in the
Parliament of King James II. in 1456, and was one of the barons appointed by that Parliament
on 19th October, along with the Lord Abernethy and Sir Eobert Livingston, for themselves and
the other barons, to administer justice and decide complaints. As Baron of Calderwood, he also
sat in the Parliament of King James III., in the years 1467, 1468 and 1469.4
Between the years 1450 and 1476, in which last he died, Sir John received Crown charters
of the lands of Newark, Stanley, and others, and he also granted several charters which were con
firmed by the Crown.8
Sir John Maxwell married, first, Margaret, daughter of WiUiam second Lord Borthwick, by
whom he had one son and two daughters. She predeceased Sir John. He married, secondly,
Margaret Eutherford, by whom he had one son, George. Margaret Eutherford survived Sir John.
On 9th October 1478, Sir John Maxwell of Calderwood, and Gavin his son, settled various
matters with Margaret Lady Calderwood and her son George. And again, on 27th June 1492,
Margaret Eutherford, spouse of the late John Maxwell of Calderwood, Knight, made arrange
ments with Elizabeth Lowis, spouse of the late Gavin Maxwell, and Eobert Maxwell, heritor
of the estate of Calderwood, concerning her terce. Sir John died in the end of the year 1476,
in the 73d year of his age, leaving two sons and two daughters : —
1. John, who succeeded his father.
2. George, ancestor of the MaxweUs of Newark, from which house are descended the Maxwells
of Tealing, CowhUl, Blackston, and others.
3. Mariota, who married Eobert first Lord Boyd, Lord High Chamberlain of Scotland, and
was by him mother of the first Earl of Arran and of Elizabeth Countess of Angus.
1 Rymer's Fcedera, vol. x. p. 309 ; Balfour's Annals, * Acts of Parliament, vol. ii. pp. 46, 88, 89, 91, 93.
vol. i. pp. 152, 153. Acta Auditorum, p. 8.
2 Balfour's Annals, vol. i. p. 163. s Beg. Mag. Sig. lib. 4,- No. 129 ; also vol. i. 176.
8 Rymer, vol. xi. p. 349.
VOL. I. 3 N

466 THE MAXWELLS OF CALDERWOOD.
4. EUzabeth, who, as daughter of Sir John MaxweU and Margaret Borthwick, received a
charter from him of the barony of HUton, etc. to her marriage, and for her life, dated 1st February
1463. This charter was confirmed by the Crown on 19th January 1477.1
III. — Sie John Maxwell, Third of Caldeewood, 1476-1491,
Succeeded his father in the year 1476 in the estate of Calderwood, and in the barony of
Mauldslie. Like his father and grandfather, Sir John was possessed of considerable abUities j and
he was by King James III. appointed one of the Lords for the administration of justice, called
Itinerant Judges. On the 6th April 1481, Sir John granted to his eldest son, Gavin MaxweU, a
charter of the lands of Dripps, under reservation of the terce of Marion Boyd, wife of Sir John.
He also granted to him, on 14th February 1486, other two charters, the one of the lands of
Jackton, AUartoun, and Newlands ; and the other of the lands of Mauldslie.2 In both of these
charters Sir John reserves the terce of his wife whomsoever, which indicates that his first wife,
Marion Boyd, had died since the date of the previous charter in 1481. During his father's life
he married this Marion, who was daughter of Sir Thomas Boyd of Kilmarnock, father of the first
Lord Boyd, and ancestor of the Earls of Kilmarnock. This marriage had probably taken place in
1454, and before the 20th of July of that year, when Sir John, the father, granted to his son, and
Marion Boyd, his spouse, a charter of the lands of Park and Kincadzowlaw.3 Although the mar
riage took place in 1454, it appears from the inventory of the Boyd writs, that a marriage was
arranged between the families as early as the year 1435. The inventory contains this entry : —
" Item, Oblisement of Thomas Boyd of KUmarnock to John MaxweU Lord Calderwood, for 550
merks of tocher with his daughter to my Lord Calderwood's son and heir, 1 March 1435." The
remains of this original " oblisement" have been found among the Boyd writs, and, so far as it can
be deciphered, it runs as follows : —
" Be it kend til al men by thir presentez lettrez, me, Thomas Boyd of Kilmernok, til be oblist aud by
thir presentz littrez oblissis me, myne airis, executouris, and assigneis, til ane honorablez man, Johne of
Maxwel Lord of Caldorwod, his airis, executouris, and assigneis, in fif hundre and fifty marke of gud and
vsual money of the kynrik of Scotland, be caus of mariage of his son and aire, and my docthir to be mad,
to be payit to the said Johne of Maxwell, his airis, executouris, and assigneis, apon the hee altare of the
pariche kyrk of Kilbrid in Clidisdayll, at thir termis wndrew[ritti]n, that is to say, a hundredth li. in hand
at the makynd of this presentz wirte, and fifty mark at [the fei]st of Witsiuday nexte eftre folowand, and
fifty mark at the fest of Sainte Martyne iu wyntre nexte eftre folowand, and sua fra terme in terme, and
zhere in zhere, quhill the forsaid some of fife hundredth mark and fifty be fullili payit and contente, but
fraude or gile, or any langere delay : And gif it hapynnys me to falzhe in the forsaid payment makyng in
[ ] parte at day and place as is beforsaid, as God forbed it do, I obliss me, myne airis, exec[utouris and]
assigneis, and al oure landis, rentis, gudis, and possessions, mouablez and vnmouablez, quhar euer [tha
may] be fundyne to be distrenzit, pundite, tane and away had but lef of ony judge, lerid, or [ ] and at
the wil of the forsaid Johne, his airis, executouris, and assigneis, to be sauld and4 [rest decayed].
After having possessed Calderwood and Mauldslie for about fifteen years, Sir John Maxwell
died about the end of the year 1491. He was living on the 20th of February of that year, as
appears from a decreet of the Lords Auditors.5 A few years previously he propelled the succession
1 Reg. Mag. Sig. lib. 8, No. 87. 4 Original in Boyd charter-chest at Kilmarnock.
! Vol. i. pp. 192-196. s Vol. i. p. 176. 5 Acta Auditorum, p. 168.

SIR JOHN MAXWELL, THIRD OF CALDERWOOD, 1476-1491. 467
to his estates in favour of his son Gavin, who predeceased him by a few years. Sir John Maxwell and
Marion Boyd are stated to have had four sons, all of whose names are unknown, except that of Gavin
IV". — Sie Gavin Maxwell, Foueth op Caldeewood, 1481-1489,
To whom his father propeUed the succession to his estates in his own lifetime by the charters stated
in the memoir of his father,1 which were confirmed by the Crown on 12th April 1487.2 Sir Gavin
did not long enjoy the famUy estates, having predeceased his father within a few years after ob
taining them, and before 19th February 1489. He was twice married, first to Agnes, daughter
of "Duncan of Dundas," and secondly, to EUzabeth Lowys, who survived him. On the 19th
February 1489, Elizabeth, as his relict, along with Duncan Dundas, father of Agnes, his first wife,
obtained a transumpt of nine of the old famUy charters, which were in Duncan's custody, and of which
Elizabeth also wished to possess authentic copies for the benefit of her children.3 Though these
charters only name Eobert, it appears from them that Sir Gavin had several children. These were 
1 . Eobert, by the first marriage, who succeeded his father.
2. William, apparently of the second marriage, designated of Newlands. He afterwards
acquired the lands of Meldrum ; and from him, it is understood, are descended the MaxweUs of
Cardoness, in the Stewartry of Kirkcudbright, an account of 'whom is given in Burke's Baronetage.4
3. Isabella, married to Eobert Porterfield of that Ilk. By a Crown charter, dated 1 6th Decem
ber 1500, the lands of Porterfield were confirmed to Eobert Porterfield, son of John Porterfield of
that Ilk, and Isabella MaxweU, his spouse ; and " this Isabella Maxwell, as hath been constantly
believed, was a daughter of the family of Calderwood." 5
V. — Sie Eobert Maxwell, Fifth of Calderwood, 1489-1510,
Succeeded his father, about the year 1489, and in the Ufetime of his grandfather. He was infeft
in the lands of Mauldslie as heir of his father, Gavin MaxweU, Knight, on the 8th July 1493.6
These lands were confirmed to him and his wife, SibiUa Carmichael, by a charter under the Great
Seal, dated 25th October foUowing.7 Eobert Maxwell appears to have been knighted soon after
his succession to Calderwood, as in a decreet by the Lords Auditors, dated 22d June 1493, he is
designated knight.8 Sir Eobert was served heir to his father, Gavin Maxwell of Calderwood,
Knight, in the lands of Thombowe in Dumbartonshire, on the 16th January 1497.9 The retour
bears that the lands had been in non-entry for six years and seven months, through the death of
Sir Gavin. In February 1506, he witnessed a resignation of lands at Lanark by John Johnston of
Petinyn to Andrew Liderdale, Abbot of Dryburgh.10 Like his father, this laird of Calderwood was
1 Vol. i. pp. 192-196. calmly informed his accuser that the word should be
q Reg. Mag. Sig. lib. 10, Nos. 107 and 108. pronounced " swindler."
3 Vol. i. p. 200. In this transumpt, Gavin is styled 5 MS. account of the family of Porterfield.
Sir Gavin Maxwell, Knight. He must have been 6 Vol. i. p. 205. The sasine bears that Robert was
knighted a very short time before his death. enclosed in the principal messuage of Mauldslie, and
* The late Sir David Maxwell of Cardoness was re- the door shut on hira according to use.
markable for his politeness. An instance of this occurred 7 Reg. Mag. Sig. lib. 13, No. 104.
when he and one of his tenants were litigants in a law 8 Acta Auditorum, p. 182.
court. The tenant lost his temper, and rudely called 9 Vol. i. p. 218.
his landlord a " sweengler," upon which Sir David 10 Liber de Dryburgh, p. xix.

468 THE MAXWELLS OF CALDERWOOD.
not long in possession of the estate of Calderwood, and there are not many notices of his personal
history. He appears to have taken part in some of those family feuds frequent in his time. On
the 6th August 1509, James, Archbishop of Glasgow, constituted Andrew Lord Gray Justiciar of
the Eegality of Glasgow, for holding a court in the hall of the burgh of Edinbm'gh for trying
Eobert Maxwell of Calderwood, and others, his accomplices, for the slaughter of the late George
HamUton in the city of Glasgow.1
Sir Eobert MaxweU died about the year 1510, as appears from the retour of the service of
Eobert Maxwell, his son, expede on 15th May 1518, in which it is stated that the lands had been
in non-entry through the death of Eobert MaxweU, his father, for the space of eight years or
thereby.2 Eobert MaxweU, fifth of Calderwood, married, before 1493, Sibilla Carmichael, daughter of
Carmichael of that Ilk, ancestor of the Earl of Hyndford. Sibilla survived him, and married,
secondly, before 19th October 1529, James Hoppringle. By Sir Eobert she had two sons,
1. Robert, who succeeded his father.
2. Alexander, first of Newlands, in the barony of Kilbride, who died before 6th September 1571,
when his son William was laird of Newlands. Alexander was father of
1. William Maxwell, second of Newlands, who married Elspeth Hamilton. She died on 27th
February 1574, as appears from the confirmation of her will by the Commissaries of Edinburgh
on 8th December 1582. William Maxwell was alive in 1617. He and Elspeth Hamilton had
two sons and three daughters, viz. : —
1. John, third of Newlands.
2. Robert, mentioned in his mother's will.
3, 4, 5. Katherine, Helen, and Christian, also mentioned in their mother's will.
John Maxwell, third of Newlands, married, about 1601, Marjory Ross. Their eldest son was
Robert Maxwell, fourth of Newlands. He married Elizabeth, daughter of John Allassoun, in
Cartsbrig. Their contract of marriage is dated the 8th and 11th days of August 1617, and Sir
James Maxwell of Calderwood of new ratines his former conveyances of Newlands and Jakton in
favour of Robert Maxwell and his future spouse. There is reserved to William Maxwell his liferent
of Newlands, and also to Marjory Ross, spouse of his son John, the liferent of the half of these
lands. In terms of this contract, Sir James Maxwell granted, on 8th August 1617, a charter of
Newlands and Jakton in favour of Robert Maxwell aud Elizabeth Allassoun, his future spouse.3
In the year 1655, Robert Maxwell of Newlands raised au action of declarator and exhibition
against Sir James Maxwell of Calderwood and others, in reference to the right of Robert Maxwell
to the estate of Calderwood. The summons bears that Robert MaxweU of Newlands is heir-male
and of line, served and retoured to umquhile Alexander Maxwell, his grandschir (great-grandfather),
who was brother-german to umquhile Robert Maxwell of Calderwood, quhilk umquhile Robert was
father to umquhile John Maxwell of Calderwood, quhilk umquhile John was father to umquhile
Sir James Maxwell of Calderwood.4 The retour of service here referred to was expede on 11th
August 1655. 5
It has been said that the children of this Robert Maxwell of Newlands went to Ireland, and
this may be correct ; but it is also said that this Robert himself went to Ireland, and was the an
cestor of Lord Farnham. This is a mistake. The ancestor of his lordship was another Robert
Maxwell, younger brother of Sir James Maxwell of Calderwood, as afterwards shown, p. 471.
1 Registrum Episcopatus Glasguensis, p. 521. « Original citations on summons to Sir James Max-
2 Vol. i. p. 234. well, at Calderwood.
3 Original Contract and copy charter, both at Calder- ' Retours in Chancery, vol. xxiii. 103.
wood.

ROBERT MAXWELL, SIXTH OF CALDERWOOD, 1510-1540. 469
VI. — Eobert Maxwell, Sixth of Calderwood, 1510-1540
Succeeded to Calderwood about the year 1510, being then in minority. King James IV. made a
gift to Jane Carmichael of the marriage of Eobert Maxwell, son and heir of the late Eobert Max
weU of Calderwood, dated 18th February 151 1.1 Eobert Maxwell was afterwards, on the 15th of
May 1518, served heir to his father, Eobert Maxwell, in the lands of Jacktoun, AUertoun, New-
lands, Greenhills, and Taits-Thornton, in Lanarkshire f and on the 10th March 1523, he granted
to Thomas Colquhoun of Kirktoun a charter of the lands of Taits- Thorntoun, which was confirmed
by a charter under the Great Seal on the 6th June 1529. 3 On the 25th February 1524, and
20th November 1526, Eobert Maxwell and Isabella Elphinstone, his spouse, received confirmations
in Parliament of certain lands in the lordship of Stewarton, as contained in charters by the King
dated 15th January 1524.4 And on the 15th August 1530, King James V. granted to Eobert
MaxweU of Calderwood and Isabella Elphinstone, his spouse, a charter of the lands of Chapeltoun,
Bellingshaw, Drying, MUtoun of Crerauch, and others.5 Isabella Elphinstone was eldest daughter of
Alexander, first Lord Elphinstone, and relict of David Lindsay of Dunrod. Eobert Maxwell, sixth
of Calderwood, died in 1540, and his wife seems to have predeceased him, as no after notice of her
is found amongst the family papers. They had two sons and one daughter.
1. Eobert, succeeded his father.
2. John, succeeded his brother.
3. EUzabeth, married, contract dated 31st August 1563, Eobert Lindsay of Dunrod.6
VII. — 1. Eobert Maxwell, Seventh of Caldeewood, 1540-1547,
Succeeded his father in 1540, and was served heir to him in the lands of Jakton, AUerton,
Newlands, Greenhills, and Taits-Thornton, in the barony of Kilbride. The retour of this service
has not been found, but it is narrated in the Crown precept which followed upon it for infefting
Eobert Maxwell, then of Calderwood, as heir to his father, dated 20th October 1540. Eobert was
infeft on the 26th of the same month.7
This Laird of Calderwood, along with many noblemen and barons, in the meeting of ParUa
ment held by Queen Mary and Arran, her Eegent, at Stirling, on 26th June 1545, signed an act that
they should be ready at the uttermost of their power to defend the nation, as the time should be
thought expedient to the Eegent and Council of the realm, against the old enemy of England, and to
invade the realm of England as often as the occasion of time should occur, and be thought necessary
and profitable.8 Eobert MaxweU only possessed Calderwood for about seven years, having died,
apparently unmarried, and certainly without issue, about the 6th September 1547, as appears from
the retour of the service of his brother John MaxweU as nearest heir to him in the lands of New-
lands and others, to be immediately quoted.
1 Register of Privy Seal, vol. iv. p. 173. vii. p. 112. Another daughter of Robert, sixth of Cal-
5 Vol. i. p. 234. derwood, was probably married to John Hamilton of
3 Original Charter at Calderwood. Orbiston. [Quarterings of John Dundas of Dudding-
* Acts of Parliament, vol. ii. pp. 291-31 1. ston, penes the Rev. John Hamilton Gray.]
-- Reg. Mag. Sig. lib. 24, No. 26. 7 Original Instrument of Sasine at Calderwood.
6 General Register of Deeds in Court of Session, vol. 8 Acts of ParUament, vol. ii. pp. 594-5.

470 THE MAXWELLS OF CALDERWOOD.

VII. — 2. John Maxwell, Eighth of Caldeewood, 1547-1572,
Succeeded his brother Eobert in September 1547, and was served nearest and lawful heir to him
in the lands of Jackton, AUerton, Newlands, GreenhiUs, and Taits-Thornton, on the 6th October
1548. The retour bears that Eobert Maxwell died about a year and a month before that date.1
On the 29th of the following month, John MaxweU made resignation of these lands in the hands
of the Eegent Arran, in his chamber in Edinburgh, as in the hands of Queen Mary as Princess and
Steward of Scotland, for a regrant thereof to him and Elizabeth HamUton, his spouse, in conjunct
infeftment, and the heirs of their marriage. The charter of regrant by Queen Mary actually
anticipated this resignation, having passed the Great Seal three days previously. The grantees
were infeft on 24th December foUowing.2 On the 30th May 1553, Queen Mary granted to John
Maxwell of Calderwood and his wife, Elizabeth Hamilton, in liferent, and to their son, James Max
weU, in fee, two charters of the lands and baronies of Calderwood and Mauldslie ; and the grantees
were infeft on the 6th of October foUowing.3
On the 18th March 1558, John MaxweU was served nearest and lawful heir of his father,
Eobert MaxweU, in the lands of Little Dripps.4 This retour bears that the lands were held of
Alexander, Earl of Glencairn, as superior for the annual payment of one penny, if asked, and forty
shilling Scots, to the chapel of Saint Mungo, caUed Little Saint Mungo's, beyond the mUl burn ;
and also that the lands had been in non-entry for the space of forty days through the death of
Janet Cuninghame, Lady of Buchanan, liferenter of the same. On the 10th August 1559, Francis
and Mary, King and Queen of Scotland, granted a precept of sasine in favour of John Maxwell,
as heir of his father, Eobert Maxwell, in the half of the lands of Blackburn, with the miU, in the
barony of Bathgate.5 Again, on the 15th May 1564, John Lord Maxwell granted a precept of
clare constat in favour of John Maxwell of Calderwood, as heir served and retoured of his brother,
Eobert Maxwell, in the lands of Meikle Dripps;6 and on the 27th June 1569, John Maxwell of
Calderwood granted a procuratory for resigning his lands of Jackton, AUerton, Newlands, and
others, in favour of his eldest son, James Maxwell of Calderwood, and the lands were resigned in
the hands of the Eegent Lennox in his chamber at Leith on 1st August 1571.7
This laird of Calderwood was a zealous advocate of the Eeformed religion, and a firm supporter
of the civU and religious liberties of Scotland. On the 27th April 1560, he subscribed a bond of
association for maintaining the free exercise of religion and the Uberties of the realm, and for
expelling the French therefrom. He also sat in Parliament on 17th August 1560, when the Con
fession of Faith was ratified and approved of.8 He was at the same time a staunch adherent of
Queen Mary, and in May 1568, with many of the nobility and gentry attached to her interests,
entered into a bond of association for the defence of her rights, which they signed at HamUton. A
copy of this bond is said to be preserved amongst the family papers.9
1 Contemporary-extract retour at Calderwood. 7 Original Instrument containing the procuratory at
2 Original Charter and instrument of resignation and Calderwood.
sasine at Calderwood. 8 Acts of Parliament, vol. ii. p. 526. In the sederunt
3 Original Charters and instrument of sasine at Cal- of this Parliament his name is erroneously entered as
derwood ; and Reg. Mag. Sig. lib. 31, Nos. 161, 162. Robert; a mistake caused probably by their having
4 Vol. i. p. 295. been three lairds named Robert, immediately before
5 Original Precept at Calderwood. this John.
6 Original Receipt, ibid. 9 MS. account of the Calderwood family.

SIR JAMES MAXWELL, NINTH OF CALDERWOOD, 1572-1622. 471
John MaxweU married, first, EUzabeth, eldest daughter of Alexander Hamilton of Innerwick,
by whom he had two sons ; and secondly, Elizabeth, daughter of Sir Eobert Stewart of Minto'
without issue. John MaxweU is presumed to have died soon after 28th July 1572. His two
sons were —
1. James, who succeeded his father.
2. Eobert, who is mentioned as brother-german of Sir James MaxweU of Calderwood in a
deed, dated 26th December 1591.1 In this deed, Susan Armstrong is also mentioned as the wife
of Eobert Maxwell. He is also said to have married IsabeUa, daughter of Seton of Lathrisk in
the county of Fife, and to have had issue by her three sons and a daughter. In the reign of Kino-
James VI., Eobert MaxweU went to Ireland, and his descendants rose to distinction in the Church
and State, and in the peerage, being successively created Barons, Viscounts, and Earls of Farnham.
An account of this Eobert MaxweU and his descendants is given in Lodge's Peerage of Ireland
ArchdaU's edition, in 1789, vol. Ui. p. 386 ; also in Sir Bernard Burke's Annual Peerage and
Baronetage.2 A pedigree of the Farnham family is also given after the Charters in this volume.
The present representative of this famUy is the Eight Honourable Henry MaxweU, seventh
Lord Farnham, K.P., in the Peerage of Ireland, a nobleman of whom the Calderwood famUy,
and aU of the name of Maxwell, have good reason to be proud. After the present Baronet of
Calderwood and his only brother and only nephew, Lord Farnham appears to be the next heir-male
of the Calderwood family.

VIII. — Sie James Maxwell, Ninth of Caldeewood, 1572-1622.
Fully ten years before the death of his father in 1572, this laird was put in possession of
the estates of Calderwood and Mauldslie, which he possessed for the long period of upwards of
half a century. He appears to have devoted himself chiefly to the management of his estates, and
to the care of his large family of sons and daughters. There are comparatively few notices of him
in connexion with pubUc business.
Between the years 1561 and 1611, Sir James granted and received charters and other writs
connected with Calderwood, as appears from the original writs still preserved there.
In the year 1590, he was one of the barons appointed for the county of Eenfrew to see the
laws put in execution for the apprehension of Jesuits and seminary priests. And in the year 1607,
he was appointed Sheriff-depute of Lanarkshire, by James Earl of Arran, Sheriff-principal.3
1 Register of Deeds in Court of Session, vol. xxxix. brother, Henry Maxwell, Bishop of Meath, are included
p. 217. in the destination of the estate of Cardoness, made by
2 In Mr. ArchdaU's account of the family of Farn- David Maxwell on 29th February 1796, on account of
ham, it is said that their ancestor, Robert Maxwell, who their being descended, as the Cardoness family are, from
went from Scotland to Ireland, got from his father the Calderwood. Lord Farnham has in his library at Farn-
lands of Newlands. But this is a mistake. Newlands ham a large and valuable collection of genealogical
was then in possession of another Robert Maxwell, who workB. He printed in 1860, the " Farnham Descents
married Elizabeth Allassoun, as shown in the account of from Henry III. and the subsequent Kings of England,
Alexander Maxwell of Newlands, younger son of Sir Ro- in three parts :" Cavan : T. J. Smyth.
bert Maxwell, fifth of Calderwood. — Supra, p. 468. Barry 3 Original Commission at Calderwood.
Maxwell, Earl Farnham, and Baron Maxwell, and his

472 THE MAXWELLS OF CALDERWOOD.
When his chief, John Lord Maxwell, was brought to the scaffold on 21st May 1613, for the
slaughter of the Laird of Johnstone in 1608, the Lairds of PoUok and Calderwood performed the
painful duty of attending his lordship in his last moments. Lord Maxwell, in his dying speech,
craved pardon of Pollok and Calderwood, and his other friends present, acknowledging that whereas
he was born to have been author of their honour and safety, he had procured to them harm and
discredit.1 On 28th July 1572, Sir James Maxwell, with about fifty other persons, including his son
James, was " delatit for arte and pairt of the slauchteris and murthour of vmquhUe the King and
twa Eegentis." Sir James found his son James pledge for his appearance to the extent of £1000,
whUe James his son found Sir James Hamilton pledge for his appearance to the extent of £2000. 2
Nothing further appears to have followed on this "dilation."
Unfortunately for Sir James, this was not his only appearance in the Criminal Court, and he
did not get off so easUy on the second occasion. There was a feud between bim and his cousins,
the Lindsays of Dunrod, on the one side, and Alexander Lekkie of that ilk, on the other side,
which led to the murder of the latter in the year 1601. He was shot by Alexander Lindsay of
Dunrod, out of the window of a farm-house of his own, at Hagton HiU, near Glasgow. The per
petrator of this crime remained undiscovered for twenty years after the death of Lekkie, when
Dunrod, then become an old man, confessed the whole affair, and Sir James MaxweU and his
aUies were indicted at the instance of the widow and son of the deceased Laird of Lekkie,
before the Court of Justiciary, on 15th December 1620. The proceedings were postponed on
several occasions, pending the intercession of mutual friends — " noblemen, barones, and gentilmen"
who were endeavouring to bring the unhappy feud of so long continuance betwixt the two houses to
terms of agreement and reconciliation.
King James VI., by a letter dated from Greenwich, 1st June 1622, granted a respite for
the trial of the accused persons till the 5th of October following ; and by a second letter from
Windsor, on 7th August 1622, ordered the Justice and Justice-Clerk not to proceed in the
criminal prosecution till they understood from the Council that they have given up all further
dealing in that matter.3 Sir James's death, in September 1622, put an end to the proceedings
against him.4
Sir James MaxweU was three times married, and had five sons and twelve daughters. His
first wife, to whom he was married before 28th January 1572, was Helen, daughter of John
1 MS. speech in Advocates' Library, A. 2. 41. King and others, for forging a charter of the lands of Pit-
James VI., in a letter, dated at Whythall on 14th No- calzean, etc., bearing to be dated 20th March 1575.
vember 1608, to the Earl of Dumfermline, Chancellor, The forgery took place in " Kait Thomas' taverne at the
mentions the "late filthie murthour" of Sir James drynking of ane pynt of vyne." Tarbat was sentenced
Johnston of Dunskally, Knight. — [Original Letter in to be hanged on a gibbet beside the Market Cross of
Annandale Charter-chest at Raehills.] Sir James Edinburgh. — [Pitcairn's Criminal Trials,vol.ii.p. 104-5.]
Johnston was shot in the back by Lord Maxwell. — * Dunrod himself was ruined. His estate was sold,
[Copy Deposition of Sir Robert Maxwell of Spotts, 28th and he was reduced to begging his bread from his for-
April 1608, at Yair.] mer tenants, in one of whose barns he died. A sad re-
2 Pitcairn's Criminal Trials, vol. i. p. 36. verse for so proud a baron. Ho is said at one time
3 Pitcairn's Criminal Trials, vol. iii. p. 493, et seq. It never to have gone from home witliout a retinue of
appears from that work that Sir James was one of the twelve vassals mounted on white steeds. — [Lives of the
inquest on the trial, in 1600, of James Tarbat, writer, Lindsays, vol. ii. pp. 290, 291.]

SIR JAMES MAXWELL, NINTH OF CALDERWOOD, 1572-1622. 473
Porterfield of that Ilk, by whom he had two daughters, Jean and Isobel MaxweU. With regard
to this marriage, it is stated in the account of the Porterfield family — " The next is Marion " [Helenl
"afterwards Lady Calderwood. I find no document at what time she was married or what
her portion was, but have heard the oldest people report it was a thing unquestionable that the
young Laird of Calderwood, during his abode at the house of Duchall, as was customary in these
times, planted a grove of oaks, which have been several times cut since that time, and remain
straight, thriving timber at this present time. She had several children to Calderwood, and
also that the said Marion [Helen] Lady Calderwood is called a daughter of Mr. John Porterfield
of that Ilk, in an instrument of requisition, under the hands of John Vause, Notary Public, anno
1586."1 Helen Porterfield, Lady Calderwood, died in August 1573, as appears from the confirmation
of her will, already mentioned.
Sir James Maxwell married, secondly, Isabel, daughter of Alexander Hamilton of Innerwick,
and by her he had three sons and seven daughters. In implement of his contract of marriage,
which is dated 12th February 1579, Sir James granted to Isabella, and the heirs of the marriage,
a charter of the lands of Dripps, dated 26th March 1580,2 and this was confirmed by John Lord
Maxwell, the superior, on 1st May following.
Sir James married, thirdly, on Sth September 1610, Lady Margaret Cuninghame, third
daughter of James Earl of Glencairn, relict of Sir James Hamilton of Evandale, and sister of Lady
Anne Cuninghame, Marchioness of Hamilton. Sir James Maxwell and Lady Margaret Cuninghame
had two sons and four daughters. She survived her husband, and died before the year 1632.
Sir James died in September 1622, as appears from the retour of the service of his eldest son,
as heir to him. Shortly after his death, his relict, Lady Margaret Cuninghame, made a will, which
was addressed to her sister, Lady Anne Cuninghame, Marchioness of Hamilton. This will is
printed at the end of the account of the children of Sir James Maxwell. It appears from a
Memoir written by Lady Margaret Cuninghame, that she led a very unhappy life with her first
husband, " the Master of Evandale," as he is styled. The eldest daughter of that marriage, Jean
Hamilton, was married to Sir James Maxwell, son of Sir James. The mother and daughter were
thus married to father and son. The four sons of Sir James were —
1. Edward, ¦ eldest son of his second marriage, succeeded his father.
2. James, second son of that marriage, succeeded his brother.
3. WiUiam, third and youngest son of the second marriage. As shown in the memoir
of his brother Edward, William is a party to the marriage-contract of his brother, Sir James and
Jean Hamilton, dated in 1619 ; and in the procuratory of resignation by Edward, following out
that contract, dated 14th December 1622, William is called the youngest son of Sir James. As
brother-german of Sir James Maxwell of Calderwood, William MaxweU granted a bond for 250
merks on the 9th August 1627.3 WiUiam Maxwell died without male issue. This is proved by
the special service, on 15th April 1830, of General Sir William Maxwell of Calderwood as heir-
male to Sir James Maxwell, first baronet of Calderwood, through Colonel John Maxwell, who was
a younger brother of William, in the common of KUbryde.4
1 Copy Account of the Porterfield family, formerly 3 Original Bond at Calderwood.
belonging to J. C. Porterfield, Esq. of Duchal. i Original Extract Service, ibid.
2 Original Charter at Calderwood.
VOL. I. 3 °

474 THE MAXWELLS OF CALDERWOOD.
4. John, eldest son of the third marriage. He was born about the year 1611, as in a
discharge granted by him on 6th November 1632, he states that he was then of the age of
twenty-one years.1 He entered the army, and attained the rank of colonel. He displayed great
ability in his profession, and was a staunch adherent of King Charles I. during the civil wars.
He suffered much for the part which he took with the loyalists in general, and especiaUy [for
joining his cousin, the Duke of Hamilton, in his celebrated engagement in 1648. For this
latter attempt to serve his unfortunate sovereign, Colonel John MaxweU had, on his return from
England, to do penance before the congregation in the parish church of Carluke.2 He persevered,
however, in his loyalty, and continued in the army tiU he fell at the battle of Dunbar, in
1654. His mUitary services and death are thus attested by the celebrated George Monck, Duke
of Albemarle : — " These are to certify all whome these may concerne, that Col. John Maxwell
served as LieutenVColonell and Colonell in the warres of Ireland from the first beginning untiU
the year 1650, when he came over into Scotland, and was killed in the engagement att Dun-
barre, in his Majesties service. — Given under my hand and seaU at the Cockpitt, the 28th day of
August 1660. Albemarle."3
Colonel John Maxwell married Elizabeth, daughter of James Elphinstone of Blythswood, by
whom he had a son and a daughter.
1. Mr. John Maxwell, served heir of his father, Captain John Maxwell, son of Sir James
Maxwell of Calderwood, Knight, on 23d February 1665.4 On the 16th December
1704, John MaxweU then designed residenter in Canongate, and son of Colonel John
Maxwell of Abington, disponed to his son WUliam, and the heirs-male of his body, whom
failing, to the heirs-male of the body of Susanna Maxwell, and others more particularly
mentioned under Sir William, second baronet of Calderwood, the lands of Over Abington
and others, in order to fulfil the desires of the late Sir William MaxweU, as expressed in
his disposition and tailzie of 9th January 1701.5 On 17th January 1706, John Maxwell
was served heir to his uncle, Alexander MaxweU of Calderwood, sometime designed of
Saughtonhall, in the lands of Abington and others.6 This John Maxwell married Margaret,
daughter of Captain Wood of Culter. John Maxwell predeceased his wife before 23d
March 1716, on which date her son Sir William granted her a bond.7 She was living on
13th March 1729, when she granted a discharge to him. On the death of Sir WiUiam
Maxwell, second baronet, his cousin, John Maxwell, became the heir-male of the family.
Not having the estate of Calderwood, which was provided to his son, John Maxwell did
not assume the title of baronet ; while his son did so. John Maxwell and Margaret Wood
had several children :8 —
1. Nathan, who perished in the Darien expedition, unmarried.
2. WUliam, who succeeded to Calderwood.
3, etc. Others who died young.
2. Anne, daughter of Colonel John Maxwell, married, first, Mr. Bickerstaff of Eosegift, Ireland, by
whom she had a numerous family ; and secondly, Mr. WUliam Eccles, minister at Ayr.
1 Original Discharge at Calderwood. « Original Disposition at Torrance.
2 Account of the Calderwood family, MS. 6 Extract Retour, ibid.
3 Ibid. > Original Bond, ibid.
* Retour in Chancery, vol. xxvii. p. 310. » Original Discharge, ibid.

SIR JAMES MAXWELL, NINTH OF CALDERWOOD, 1572-1622. 475
The daughters of Sir James Maxwell by his three wives were as follows : 
I. By Helen Porterfield—
1. Jean, who married, contract dated 26th January 1587, WUUam MaxweU, brother-german to Sir
John Maxwell of Pollok.1
2. Isobel, sister-german of Jean, is referred to in the marriage-contract of the latter as getting
right to the marriage of Eobert Lindsay, son of the late Elizabeth Lindsay of Lynbank.
These two daughters, Jean and Isobel Maxwell, are mentioned in their mother's will, which
was confirmed by the Commissaries of Edinburgh on 23d February 1600. In the account of
Sir James Maxwell's family by his grandson, Andrew Kerr of Kippielaw, which is subjoined
to the present account of Sir James, his second daughter is called the Lady Dunrod, which
coupled with her acquiring right to the marriage of Eobert Lindsay, shows that she was
married to one of the Lindsays of Dunrod.
II. By Isabella Hamilton —
3. Margaret, married in 1595 Alexander Lindsay of Dunrod. On the 17th May 1611, they
received a charter from Andrew Shaw of Duncanrig, of the lands of Over MUneton and
others, and were infeft on the same date.2 They obtained a crown charter of the lands of
Dunrod, dated 20th February 1621, and in December 1622, Margaret Maxwell, "Lady
Dunrod," with consent of her husband, Alexander Lindsay, resigned to her brother Sir
James all her right to whatever she claimed by the death of her mother.3
4. Nicholas, who married Alexander Lockhart of Cleghorn, who acknowledged receipt of a letter
of inhibition from Sir James Maxwell, his brother-in-law, on 30th January 1626.4
5. A daughter, who married James Baillie of Park, who appears on an inquest on 30th Novem
ber 1647.5
6. A daughter, who married [James] Lindsay, elder of Belstain.
7. Agnes, married James Hamilton of Stanehouse, whom she survived. She is mentioned as his
reUct in the translation of a bond on 29th June 1642.6 She died between that date and
the 28th December 1647, as appears from another translation.7
8. A daughter, who married Durham of Duntarvie.
III. By Lady Margaret Cuninghame : —
9. Susanna, who married James Dalziel of Johnston, who went to Ireland, and had a numerous
family.
10. Anne, twin-sister of Alexander, who was baptized along with him at Edinburgh, on the 12th
June 1614.s She married, first, James Macmorran of Newhall, and had to him a posthu
mous daughter, Ann, who married Sir George Campbell of Cessnock, Lord Justice-Clerk, by
whom she had three daughters,— (1.) Margaret, wife of Alexander second Earl of March-
1 Copy Contract of Marriage at Pollok. For notices * Original Charter and Sasine at Torrance.
of these spouses William and Jean Maxwell, reference 3 Original Renunciation at Calderwood.
is made to p. 34, antea. William Maxwell succeeded 4 Original Discharge, Ibid.
to the estate of Cowglen, which has been mistaken in £ Original Retour, ibid.
previous accounts of the Calderwood family for the 6 Original Translation, ibid.
estate of Cowgrain in Dumbartonshire, belonging to ' Original Translation, ibid.
the Denniston family. * Begister of Edinburgh Baptisms.

476 THE MAXWELLS OF CALDERWOOD.
mont ; (2.) Mary, married to Sir William Gordon of Afton ; and, (3.), Christian, wife of
Dr. Pringle, brother of Stitchell. Anne married, secondly, Major Eobert Mure, brother of
Eowallan. Of this second marriage there was a son, Charles, baptized at Edinburgh, 7th
November 1652.1 There were also four other children, but the whole five died young.
11. Margaret, married, first, Lockhart of Wigatshaw, in the county of Lanark, by whom she had
one son ; and secondly, Lieutenant-Colonel Andrew Ker of Kippelaw. Of this second mar
riage there was a son, Andrew, and a daughter, Anna, baptized at Edinburgh, 26th April
1657, when John MaxweU of Calderwood is a witness.2 She married Dr. Mitchell. Ap
pended to the present account of Sir James Maxwell and his family, is an account of them
by Andrew Kerr of KippUaw, who was a son of this marriage, and grandson of Sir James.
1 2. Catherine,3 married, first, [Claud] Hamilton of Mecklinhole ; and secondly, the Eev. Mr.
Dickson.
Account of the Marriages and Children of Sir James Maxwell, by Andrew Keer of
Kippilaw, his Grandson, in a Letter to Sir William Maxwell of Calderwood.
Axe Account or Sir James Maxwell op Calderwood, his Wipes and Children.
He married first Mary Porterfeeld, daughter of William Porterfeeld of that ilke, by whom he hade tuo
daughters, the Lady Cowglen, and the Lady Dunrod.
Nixt he maried a daughter of Sir Alexander Hamilton of Innerwicke, by whom he hade his sone and
air, Sir James (who became blind), and six daughters : Lady Cleghorn, Lady Park, tuo Lady Belstans, Lady
Stenhous, and Lady Duntervie.
His third wife was Lady Margaret Cuningham, third daughter to James Earle of Glencairn, and relict
of Sir James Hamilton of Eavindale, by whom he hade tuo sones and four daughters : Coll11. John Maxwell,
grandfather to the present Sir William Maxwell of Calderwood (Alexander Maxwell of Sauchtounhall and
Anna Lady Newhall were tuines), Susanna Lady Johnstoun, Margaret Lady Wicketshaw, and Katharin
Lady Machlinholl.
His eldest sone, Sir James, maried first Eavindale, and Lady Margaret Cuninghame's only daughter,
by whom he hade Mary Maxwell, Lady Craiguethen, this Craignethen's mother ; his second Lady, was Dame
Marie Couts, by whom he hade Sir William, his only sone and air (who and all his posteratie are dead).
Susanna Maxwell, threis maried to Busbie, Crosbasket, and Sir George Home of Kellie, provist of Edin
burgh, but without ishue.
Colonell John Maxwell maried Sir James Elphistoun's daughter, by whom he hade a son, Mr. John,
father to the present Sir William, by Margaret Wood, of the familie of Coltre, and Anna Maxwell, tueis
maried, first to Mr. Bickerstafe of Rosegift, in Ireland, who hes a numerous ofspring, and then to Mr.
William Eccles, minister of the Gospell at Air.
Alexander Maxwell maried Thomas Muddies, only cheild and aires, by whom he hade tuo daughters,
Jean and Janet. Jean maried Sir William Maxwell of Calderwood, who died last ; and Janet to Sir William
Denholme of Wastshealls, without ishue.
Susanna maried James DalzeU of Johnstoun, who went to Ireland, and hade a numerous ishue.
Anna maried first James M'Morran of Neuhall, who hade a postumus cheild to him. Dam Ann
M'Morran maried to Sir George Campbell of Cesnock, Lord Justice-Clarke, by whom was this Earle of
1 Register of Edinburgh Baptisms. inghame, his relict, in a contract between his son, Sir
Ibid. James Maxwell, and William, his brother-german, and
¦* Alexander, Susanna, Anne, Margaret, and Kath- Dame Margaret Cuninghame, 3d January 1623. — [Ex-
erine Maxwells, are mentioned as the " bairns" of the tract at Calderwood.]
¦late Sir James Maxwell and Dame Margaret Cun-

SIR JAMES MAXWELL, NINTH OF CALDERWOOD, 1572-1622. 477
Mairtchmount's Lady Margaret, and Sir William Gordon of Afton's Lady Mary, and Dr. Pringle's lady
Mrs. Christian Campbell ; her second husband was Major Robert Muir, Rouallen's brother, who hade five
children to him, but they died all young.
Margaret maried first Lockhart of Wicketshaw, by whom she hade a son, and then she maried Colonell
Karr of Kippilaw, and bair to him a son, Andrew Karr, now of Kippilaw, and Dr. Mitchell's lady.
Katharin, Sir Jameses youngest daughter, threis maried, first to Hamiltoun of Machlinholl, of whom
many are come ; nixt to Mr. Dickson, a minister in Galloway ; and third, to Mr. James Durie, minister at
Dalmenie, but noe ishue now. Ktppilaw, 1 January 1733.
Sir, — Vpon the other seid you have a short account of my grandfather's thrie wifes and their children.
I have been more particular about his children with his last lady, my grandmother haveing knouu them
best, I being nou the last grandcheild alive that is come of them : but the names and succession of his
other daughters may be learned from the other families they were matched into, only I can tell you that
the Lady Stenhous hade a daughter maried to Broun of Stevinson, and their daughter maried Sir Patrick
Nisbet of Dean, whose daughter is Lady Torrence, your lady's mother. And thus his posteratie come of
his own loines in you his sone's grandcheild, and your lady his daughter's grandcheild's grandcheild have
united to represent his famihe. I pray God blis and prosper yow aud yours, and give you great confor and
joy in one anothere, many happie new years here upon earth, and in end croun you with immortall glory
with himselfe iu heaven hearafter for evermore. If you inclein to inquire further about Sir Jamses predi-
cessors, there is non I know can give soe distinct ane account of it as Mr. Robert Stewart, the regent, who
sayes he lies seen good voutchers for what he asserts. Mrs. Mongumrie, Baillie Hay of Craignethen's sister,
haveing a freand of her's that was to writ something about the familie of Calderwood, desired of me to
give what assistance I could theirto (which I did), soe you may caus aske at them what is done iu it.
But above all, for the good of yourselfe and familie, I humbly propose your applying to the Earle of
Mairtchmount to geat backe your charter chist and peapers, whence probably their may be a clearer
account gotten of the relations of the familie then otherwayes can be discovered, Sir James haveing leaved
to see most of his children maried, and doubtles one of their contracts of mariadge would be in his cus-
todie, with all the writs of the estate. If you come to any further knouledge of this maitter, I intreat
you'l favour him with ane account thereof, who is, Sir, your affectionat cousin and most humble servant,
A. Karr.
Pleas make my complements to your lady and Torrenses familie.1
Will of Lady Margaret Cuninghame, third Wife of Sir James Maxwell of Calderwood,
addressed to hee Sistee, 2d Octobee 1622.2
Madam, — I have also thought good to put to a point all my worldly affaires, that I may with the
more quieitnesse of mind meditate on the kingdome of heaven, and my oun salvation. I need not delate
to your Ladyship what my worldly estate hes been this long time. Your Ladyship knows it well enugh.
It pleased the Lord to visit me with the crosse of an unloving husband first, who proved most unnaturall
both to me, and to his poor children which I have born to him ; which unloving dealing he manifested to
the world, in that he deprived them altogether of their birthright, and left them destitute of any means to
sustaine them upon. To discourse upon his unnaturality is not needful. Sin was the cause thereof ; for
he neglected his duty to God, forgott also what part be should have keeped to me and to his children. But
God, who is rich in mercy, I doubt not hes caUed him to repentance before his departure out of this life,
the hope whereof rejoyces me greatly ; for I long since heartily forgave him all the injuries that ever he
did to me. Indeed the desolate condition of these poor children is great grieff to my heart, and not with
out great cause ; for when I look naturally to their estate, I see nothing for them but misery in this Hfe,
without any appearance of an outgate. But yet, when I look with the eye of a lyvely faith to the provi
dence of my loving God, who hes so carefully ofttimes provided for me contrare to man's expectation, I
1 Original Letter at Calderwood. '' Old Copy of Will, ibid.

478 THE MAXWELLS OF CALDERWOOD.
cannot but be comforted, not doubting of his providence to my children. For he hes promised to be our
God and the God of our children, and he hes abundance laid up in store for all that fear him : Therefor I
committ them heartily unto his blessed tuition. So long as it pleased God to spare my dayes here, I dis
charged my dewty to them, in training them up in the true fear of God, so far as in me lay ; and now
seeing, after my departure out of this vale of misery, that mean portion which I had of their father, and
which I bestowed upon them, is now amoug the rest fallen to my Lord your Ladyship's husband and to
your Ladyship ; therefore I cannot but committ these poor children to his Lordship and your Ladyship, as
these who have greatest reason to be carefull for them, for many respects which I need not repeat : your
Ladyship knows how native they are to his Lordship and your Ladyship ; but above all these respects, I
humbly beseich hes Lordship and your Ladyship that the fear of God may bind his Lordship and your
Ladyship to have that care of them that they want not some reasonable muney to live upon ; calling to
remembrance that it will be both sin and shame to his Lordship to suffer them to live as beggers, seeing
his Lordship possesses all that portion by which they should have lived, whereof his Lordship hath gotten
an easie peuyworth. Wherefor his Lordship hes reason to be good unto my poor children, if his Lordship
wold have God to give hes blessing to his Lordship iu possessing that portion ; for except his Lordship
have it with the testimony of a good conscience, I know his Lordship will once repent that ever he medled
with it. Therefor, Madam, not only for the care I have of my poor children, but also for the Christian
affection I carry to his Lordship and your Ladyship, I humbly beseich you both to give these desolate
children no occasion to compleau either befor God or the world : For God hath promised to hear the cry of
the oppressed. It hath pleased God to spare my dayes till the time of their infancy is almost past, so his Lord
ship hes not been burdened with them in holding them at schools. As his Lordship promised to my father in
Craigmiller, when his Lordship said the stones iu the walls of Craigmiller should bear witnesse and cry out
against him, if he did not a dewty to these children, God, who made these words to proceed out of his Lord
ship's own mouth, will challeng him if he break that promise. I have done my indeavor to them, and have
never letten them yet be burdinsome to his Lordship, and by the mercyfull providence of God, I have pro
vided my daughter that she is not to trouble his Lordship. Few wold have thought but his Lordship wold
have helped to pay her tocher ; but seeing (blessed be God) I did the turn without his Lordship's help, I wold
uow beseich his Lordship to be the better to my three sons, who have no help but that which it pleases
his Lordship to bestow upon them. Lord, who hes the hearts of all iu his hand, move his Lordship's heart
to enter iu a godly consideration of the miserable estate of these young ones : if his Lordship give liberally
unto them, I am surely perswaded that God will recompence his Lordship with the double, and will give
the greater blessing to all that his Lordship hath.
If it please God to preserve the Ufe of my eldest son,' and to bring him .home from that dangerous
estat he is in, I will beseich your Ladyship for God's sake deall with my Lord your husband to give him
some portion of heritage, that he may be the more able to serve his Lordship. I hope in God his Lordship
wiU never have missing of it that wiU do that boy good ; and God, I am sure, wUl blesse the rest the
better in his Lordship's hand.
Madam, I humbly beseich your Ladyship, be an good instrument to move his Lordship to be good to
these three poor lads. I look that your Ladyship wiU be a mother to them in my stead. The confidence
that I have of your Ladyship's eare and affection towards them assures me that your Ladyship wiU not
lett them want. My second sou, John, hath a Utie bitt laud in Crafford John, which I beseich your
Ladyship assist him in the peaceable bruikiug thereof. It wiU help to be a Ufe to him, with some more
of my Lord's support as God moves his Lordship's heart. As to my third son, Thomas, now when he is
young, your Ladyship would do weeU to put him to my Lord Arran, your Ladyship's son, to serve his
Lordship, and let his Lordship do to him as his Lordship finds him worthy. I have litle geir to leave them,
but what I have, I have left it to them, as your Ladyship will find iu a tickit. I have no more to leave
them but my blessing, which I heartily give them, and committs them first to the tuition of God, and
nixt to my Lord Marqueise and your Ladyship.
Now, madam, concerning my estate with my last dear and loving husband, it pleased God in the time
of his life to knitt his heart and mine together in such intire affection that I think greater love was never
betwixt two, which now makes my grieffe the greater for his removeaH, aud makes me the better content

SIR JAMES MAXWELL, NINTH OF CALDERWOOD, 1572-1622. 479
to follow him. The Lord prepare me and make me ready. The hard estate of his house impeded him
that he could not be so beneficial! to his children and mine as he would willingly have been but I know
he lacked not good will. He gave his son John about eight thousand, and five hundred merks of accidents
which God did cast in his hand, without hurt to his house, and that now is increased to the soume of more
then nintine thousand merks, as your Ladyship will see by the minuts of his vrites, whereof I have left
your Ladyship a copie. His umquhffl father hath left him tutors after my deceise, as your Ladyship will
see by his testament. But I must beseich your Ladyship to have a care that these tuttors do a duty, and
that they make just count ilk year unto the honorable friends that they are bound unto in my husband's
testament. I think it best that all my sou John's wryts be locked in a chest and two locks on it and the
one key given to the Laird of Caprinton to keep, and the other to Sir George Elphiston, because aU the
obligations are unregistrated. The three tuttors that are alive are WilUam Maxwel in Cowglen, the Laird
of Halcraig, and James Lindsay. I hop they will aU be faithfull, yet I must beseich your Ladyship to take
the pains to hear their cownts ilk year. And I wold beseich your Ladyship take some pains to cause lay it
on some man's laud in the cowntry, upon good security, so it wiU be surest and lest trouble to the tuttors.
As to the rest of my children born to my last dear husband, they have a right off him of the ward of
the Miltown, which right I have left in your Ladyship's hands, beseiching your Ladyship to cause the
tuttors have a care that it be well used and goe to the fore unto them. Their brother Sir James should
intertain them all five, till he pay ilk one of them twelve hundred merks, which he is bound by his contract
of marriage to pay within seven year after my father's decease. What moveables will belong to them I
know not, but I beseich your Ladyship to have a care of all, for my trust earthly is in your Ladyship con
cerning aU my poor children. They have a right also of the plenishing of Crafford Jon mains, which right
I have left, withe the right of the Milton, iu your Ladyship's hand. God lend your Ladyship many good
and happie years, that your Ladyship may bring up all your own sweet children, and see them provyded,
and that your Ladyship may also be a mother to my poor ones, who are both fatherlesse and motherlesse.
Your Ladyship must cause the tuttors hold John Maxwell, my son, at the schools ; and for the four lasses,
I know my sister the Lady Hamilton will not want Sussanna so long as it pleases God to spare her dayes ;
and for Anna, I wold beseich your Ladyship to take her to serve your Ladyship's daughter, Lady Anna :
and seeing her own gear wiU do her some good, she will not be over expensive to your Ladyship. But I
wold faiu have her in your Ladyship's company, which I know will do her more furtherance then aU her
gear. And for the two youngest, Margaret aud Kathrine, I think their sister, my eldest daughter, will
have a care of them, as she has reason ; for I have been a loving mother unto her, in prejudice of aU the
rest, but now I think it will turn to their well, seeing she may do them aU good. I beseich God grant her
his Holy Spirit, that she may discharge her dewty to them all. God knows my care was ever great over
that house I placed her into ; and before I thought of her being in it, my chief care was to have it well,
howbeit I was misreported of. But God, that knew my secret affection to it, kythed it iu his own
time. AU that ever I sought to any of my bairns, or gott, was but accidents, and not hurtful to the
house ; neither have they anything that burdened the house, except only that six thousand merks that
my good son should give my five chUdren within seven years, which is but a sober matter among so many.
I have left a minute of sundry litle things, which I beseich your Ladyship to see clone ; for seeing
God hes removed my husband before me, there is non on life so dear unto me as your Ladyship, so that
I can burden no other ; beseiching your Ladyship to excuse my presumption herein, for it proceeds from
affection. Now, madam, not doubting of your Ladyship's care over all my poor children, I pray God grant
your Ladyship many happie years among your own children, and a joyfuU departure into his heavenly
kingdom, where we shaU have, I hop, a joyfuU meet. ing, through the precious merits of Jesus Christ, unto
whose gracious protection I heartily committ your Ladyship for now and ever.
Your Ladyship's to death,
Margaret Ct/ninghajhe.
Please your Ladyship, receive this tablet, which fecklesse token I beseich your Ladyship to accept
in good part, as a sign of my hearty good will. It is the token that my mother left unto me, therefore

480 THE MAXWELLS OF CALDERWOOD.
I loved it best. I have written also unto my Lord Marqueise, which letter I must beseich your Ladyship
to present unto him, and be a good instrument to move his Lordship to accept it in good part.
Malsly, the 2nd of October 1622.
IX. — 1. Edward Maxwell, Tenth of Calderwood, 1622-1648,
Was the eldest son of Sir James Maxwell and his second wife, Isobel Hamilton. On 7 th Novem
ber 1622, Edward MaxweU was served heir to his father, Sir James, in the lands of Calderwood
and others.1 On the 14th December foUowing, Edward Maxwell, as eldest son and heir of Sir James,
granted a procuratory for resigning the lands of Mauldslie, Calderwood, Dripps, and others, in
favour of his brother, Sir James Maxwell, then of Jackton, and the heirs-male of his body ; whom
failing, to the said WiUiam MaxweU, and the heirs-male of his body ; whom faiUng, to John and
Alexander Maxwell, the other sons of Sir James Maxwell, and the heirs-male of their bodies. This
procuratory was granted in implement of a contract (dated in July, August, and September 1619)
between his father and himself (Edward) and his brother-german, Sir James Maxwell of Jackton,
second son of Sir James, and WUliam MaxweU, his youngest son, on the one part, and Dame Jean
HamUton, daughter of Margaret Cuningham, Lady Calderwood, and her first husband, James
Hamilton of Evandale, on the other part, in reference to the marriage of the said Sir James Max
well of Jackton and the said Jean Hamilton.2
Edward Maxwell was served heir to Eobert Maxwell, his great-grandfather, on the 24th April
1630 ;3 and in an information for Alexander Maxwell of SaughtonhaU, dated 18th January 1658,
Edward is described as the eldest son, James as second son, and William as youngest son of Sir
James Maxwell by his second wife, Isabella HamUton ; and at that date James was the only son
of that marriage alive.4 Edward Maxwell died without issue before 19th February 1648, when
his immediate younger brother-german, Sir James Maxwell, was served nearest heir to him in the
lands of Calderwood and others.6

IX. — 2. Sie James Maxwell, Eleventh Laied and First Baeonet of Caldeewood,
1623-1670,
Was the second son of Sir James Maxwell and his second wife, Isabella Hamilton. Before he
succeeded to Calderwood, he was designated of Jacktoun, to which estate he appears to have been
provided by his father when a young man.
Although Sir James was only the second son, and his elder brother Edward was alive, it was
arranged, on the occasion of the marriage of Sir James, that he should be provided to the estate of
Calderwood, and to the barony of Mauldslie. Following out this famUy arrangement, Edward
Maxwell, the eldest son of the late Sir James, resigned the lands of Calderwood and the barony of
Mauldslie into the hands of the Crown in 1623 ; and they were regranted to Sir James and Jean
1 Extract Retour at Calderwood. 4 Original Information at Calderwood.
3 Original Procuratory of resignation, ibid. 5 Inquisitionum Retomatarum Registrum, vol. xix.
3 Extract Retour, ibid. p. 245, in Chancery, Edinburgh.

SIR JAMES MAXWELL, FIRST BARONET, 1623-1670. 481
Hamilton, his spouse. Sir James also obtained, on the 11th March 1623, from William Lord
Kilmaurs, the superior, a charter of the lands of Little Dripps, with limitation to Sir James and
the heirs-male of his body ; whom failing, to William, his brother-german, and the heirs-male of his
body ; whom failing, to John Maxwell, eldest son of the late James Maxwell of Calderwood, Knight
and Dame Margaret Cuninghame, and the heirs-male of his body ; whom failing, to Alexander
Maxwell, his brother-german, and the heirs-male of his body ; whom failing, to the nearest heirs-
male of the said late Sir James Maxwell of Calderwood, bearing the name and arms of Maxwell.
The charter bears that the lands had been resigned by Edward Maxwell.1
Sir James Maxwell, when a young man, was on terms of intimacy with his cousin, Sir John
Maxwell of Pollok. In a letter from the former to the latter, dated 18th February 1628, he
describes the effect on himself and a friend of their convivialities while on a visit at Pollok : 
" Your kyndnes and loue to me, your freind, and the strainger I brocht with me, maid Sir Jhone
Hamiltone ane sore bak, and me a sore schudder blaid ; bot thanks to God, ve ar veill now. Sir
Jhone Hamiltone revaingit your quarrell on my Lord Eos in Glesgow. Sir Jhone Hamiltone resoluis
when he seis yow to remembor your kyndnes schawit to him in your hous. Make for it quhen he
seis zow. — Youris to his daithe ever to be commandit, Sr. J. Calderwood." 2
Sir James Maxwell was very wealthy, and a great favourite with King Charles I., and on the
28th March 1627, his Majesty created him a Knight-Baronet of Nova Scotia, by royal patent, con
taining the lands, barony and regality of Mauldslie in Nova Scotia, North America, with limitation
to him and his heirs-male whomsoever.3
Sir James Maxwell joined the army of the Covenanters at the commencement of the Civil
Wars. On the 14th July 1640, he granted a bond of relief to his cautioners when about to set
out with the Scottish army to the borders of England, or elsewhere, for the defence of the religion,
liberties, and laws of the country ; but what position he held in the army has not been ascertained.
On the 26th August 1643, Sir James was appointed by Parliament one ofthe commissioners
for the shire of Lanark to support the Protestant religion from the multitude of Papists, prelates,
and their adherents, then in arms in England and Ireland, and to raise forces for putting Scotland
in a posture of defence f and he was re-appointed for the same purpose on the 18th AprU 1648.5
After being in possession of the Calderwood estates for some time, Sir James Maxwell became
very extravagant, and wasted his fortune. His debts were so large, and his creditors so pressing,
that his estates were on the point of being lost to his family, when his youngest brother, Alexander,
who had prospered in business as a merchant, and had married a rich heiress, purchased the barony
of Mauldslie and Calderwood. His eldest daughter married her cousin, Sir James's son William,
and Alexander restored the property to the main line.
1 Original Charter at Calderwood. deceased, followed the Lyon King of Arms, between
2 Original Letter at Pollok. two special friends of the deceased ; namely, on his
3 Original Patent at Calderwood. An indorsation right hand, Sir James Maxwell of Calderwood, Knight
bears that it is recorded in the Register of the Great and Baronet, and on his left, Alexander Maxwell of
Seal in January 1830. At the funeral ceremony of the Newark. Many other Maxwells also took part in the
Countess of Nithsdale, from St. Giles' Church, Edin- ceremony.— [Ancient Heraldic and Antiquarian Tracts
burgh, to the Abbey Church of Holyroodhouse, on by Sir James Balfour. Edinburgh, 1837. Pp. 26-28.]
Monday, 20th March 1637, after Alexander Maxwell, 4 Acts of Parliament, vol. vi. p. 51.
brother of Lord Herries, bearing the coronet of the 5 Ibid., p. 298.
VOL. I. 3 P

482 THE MAXWELLS OF CALDERWOOD.
Sir James Maxwell married, first, Jean, daughter of Sir James Hamilton of Evandale and
Lady Margaret Cuningham, daughter of James, seventh Earl of Glencairn, and the third wife
of his own father. Jean Hamilton was born in March 1605.1 Of the first marriage there were
two sons and one daughter. Sir James married, secondly, Mary Couttes, but of what family she
was is not known. It is said that Sir James married her on account of her beauty, and this
tradition receives some confirmation from their contract of marriage, in which there is no tocher
received with the lady, and there are no consenting relatives. Their marriage-contract is dated 1st
July 1637, and by it Sir James bound himself to infeft her in liferent, and the children of their
marriage in fee, in an annualrent of 400 merks from the lands of Calderwood.2 Of this second
marriage there were two sons and three daughters, — William, Alexander, Anna, Henrietta, and
Susanna, who will be afterwards mentioned more particularly.
Sir James Maxwell's family were —
1. John, eldest son by the first marriage. On the 19th August 1653, Sir James Maxwell
assigned to John, his eldest son, a bond for 314 merks.3 He married Agnes Hepburn, "Lady
Milntoun," relict of Adam Whitford of that Ilk. She was also relict of Sir Frederick Hamilton
of Manor Hamilton, Ireland. The contract of the marriage of John and Agnes is dated in 1648,
and registered in the Books of Session on 9th July 1661.* This marriage was a very unhappy
one, and on 25th July 1661, Agnes Hepburn applied to the Lords of the Privy CouncU for protec
tion against the ill-usage of her husband. Her complaint sets forth —
That where in the yeir of God 1 648, the said compleaner being lawfullie maryed to Jon Maxuell,
sone to Sir James Maxwell of Calderwood, and she expecting nothing else bot to have Uved a peaceable
and quyet lyfe with him at bed and boord, iu all godlinesse, peace, and honesty, conforme to the
lawes of God and this kingdome : Notwithstanding it is of veritie that her said vuuaturaU hus
band, casting of all fear of God, and the affectione and deuty he owes to the said compleaner,
hes without any just ground or offence on her pairt, these seweraU yeirs bypast caryed and behaved him-
seU most harshlie, cruelie, and baseUe towards her, not only shunning to keip coujugaU society with her, bot
strykes and abuses her with staffs, hands, and feett, to the perrill and hazard of her lyfe, and frequent fear
of death, and hes diverse tymes thrust furth her aud the poor ehyld, Margaret MaxweU, procreat betuixt
them, out of the house, wherby they have bene necessitate diverse nights to ly in his stable besyds his
beasts. And not being content therewith, he most vnmercifulUe with holds and deteanes not only that
which she wes provyded vnto by the deceist Adam Whytfoord, the said compleaner's first husband, to witt,
the houses and yeard of Milntoune, eight chalders victuell, and eight hundreth merks Scotts money yeirly,
and the soume of ane thousand merks money provyded to her be himself, conforme to the contract of mariage
past betuixt them. Bot most vnnaturally intends to depart furth of this kingdome, and to leave her destitute
of aU comfort worldly. And, as the said compleaner is informed, he hes disponed her joynture to William
Lindsey of Belstaine, or some other, to the vter vndoeing of her and her poor chyld, whereby, as he hes
offended God, so he hes contemned soveraigne authority, and reduced the said compleaner to extream
miserie and necessitie, having Utie or nothing to maintaine her self, but by the charity of friends. And
anent the charge given to the said Johne Maxwell, to have compeired personaUie before the Lords of Privie
Councill, this present day, to have ansuered to the premisses, and to have heard and sene himseU decerned
to pay to the said compleaner, and her said dochter, dureing the tyme of his not cohabitatione with her,
such soume or soumes of money yeirlie for her aliement and sustentatione as the saids Lords should think
1 Copy Memoir of Lady Margaret Cuningham at Cal- » Original Assignation at Calderwood.
derwood. « Extract Contract, ibid.
1 Original Contract, ibid.

SIR JAMES MAXWELL, FIRST BARONET, 1623-1670. 483
just and expedient, as also to restore her to her house of Milntoune, and putt her in peaceable possessione
thereof, as haveing right thereto in maner forsaid. And farder, to have heard and sene such order taine
aneut the remanent of the said complaint as appertained.
John Maxwell failed to appear in Council to answer this complaint, and the Council ordained
letters to pass against him for denouncing him rebel, etc. 1
John Maxwell died before 10th February 1682. His younger brother consanguinean, Wil
liam, afterwards Sir William, became his heir-male and of taillie.
Of John Maxwell's unhappy union with Lady Milton, tliere was, as stated in the above pro
ceedings, only one child, Margaret Maxwell, who married Lawrence Scott of Bavilaw. Their post
nuptial marriage-contract is dated 13th March 1671, according to which she was to be infeft in
liferent in the lands of BaviUaws or Bewlands ; and, on the other hand, to assign to her husband
her tocher of 18,000 merks Scots, due to her as only daughter of John Maxwell, eldest son of Sir
James, and Agnes Hepburne, her mother.2 Lawrence Scott died before 12th December 1679,3 and
his sister, Elizabeth Scott, spouse to Sir William Binning of Waliford, was decerned executrix-dative
to him, as his nearest of kin, by the Commissaries of Edinburgh on 27th July 1688. Margaret
MaxweU survived her husband, and was alive on 10th February 1682.
2. Thomas, second and youngest son of first marriage. On 29th January 1663, he, as second
son of the late Sir James Maxwell, and brother-german to John Maxwell, eldest son of Sir James,
disponed to William Maxwell, son of Sir James by Mary Couttes, all the interest and right which
he, Thomas Maxwell, had to the estate of Calderwood through the decease of the said John Max
well, or of Margaret Maxwell, his daughter.4 Thomas Maxwell died without issue.
3. William, eldest son of the second marriage, succeeded his father.
4. Eobert, who is mentioned as son lawful of Sir James Maxwell of Calderwood, hi an obliga
tion by Alexander Maxwell of Mauldslie, dated 16th July 1645.5
5. Alexander, who, along with his brother WUliam, and his three sisters, Anna, Henrietta,
and Susanna, received from their eldest brother, John Maxwell, eldest son of Sir James MaxweU of
Calderwood, a bond of provision for two thousand merks Scots, dated 7th July 1658. Alexander
is called youngest son of Sir James Maxwell, in a bond by him, dated 2d June 1662 ;6 but he died
young, and without issue, as appears from decree of adjudication at the instance of Andrew Ker,
Writer to the Signet, against John Maxwell and others, dated 8th June, and recorded 11th July
1704,7 and also by the service, in 1830, of General Sir William MaxweU to Sir James Maxwell, first
baronet, already mentioned.
6. Mary, only daughter by Jean Hamilton, married Andrew Hay of Craignethan, who granted
an assignation of her right to part of 6000 merks, on 27th April 1670.8 There is a tradition in
the Calderwood family, that before her marriage Mary Maxwell was a companion to her second
cousin, Anne Duchess of Hamilton. In the distress of the Duchess during the usurpation of Crom
well, Mary Maxwell supported the Duchess and herself by spinning, in which she excelled. When
the Duchess was restored to her estates, she gave Mary Maxwell in marriage to Mr. Hay, and
1 Register of Secret Council Decreta, 25th July 1661. 5 Original Obligation at Pollok.
a Original Contract at Calderwood. 6 Original Bond, ibid.
> Original Charge of that date, ibid. ** Original Decree at Calderwood.
* Original Disposition, ibid. 8 Original Assignation, ibid.

484

THE MAXWELLS OF CALDERWOOD.

bestowed on them the estate of Craignethan as a marriage portion. Of this marriage there were
four sons : — 1. Andrew ; 2. John ; 3. Archibald ; 4. WiUiam. To each of these sons, in succes
sion, the lands of Calderwood were destined by the disposition and tailzie of Sir WUUam Maxwell,
dated 9th January 1701, failing the heirs-male of his sister Susanna.1
7. Anna, eldest daughter of second marriage. She and her sisters, Henrietta and Susanna,
granted an assignation of their rights, under their mother's contract of marriage, to part of 6000
merks thereby provided to them, on the 18th July 1670, in which Anna is the first named, Hen
rietta the second, Susanna the third, and in which they are all styled daughters of Sir James
Maxwell and Mary Couttes.2 Anna married Mr. James Barrie, minister of Blantyre. She appears
as his spouse in a decree of absolvitor obtained by Mary Couttes against her and Mr. Barrie, her
husband, on 24th June 1675.3 She is mentioned as deceased in a bond of corroboration by Sir
William Maxwell, dated 11th November 1719.4
8. Henrietta, who appears in the assignation already mentioned, and seems to have died
unmarried. 9. Susanna. She married, first, David Dickson of Busbie, who, as her spouse, was a party to
the assignation of 18th July 1670. On the 16th December 1670, Susanna MaxweU, lawful
daughter of Sir James MaxweU of Calderwood, received a charter under the Great Seal of the lands
of Busbie.6 She married, secondly, John Kincaid of Corsbasket, advocate ; and thirdly, at Edin
burgh, in January 1700,6 Sir George Home of Kello, Lord Provost of Edinburgh. In his disposi
tion of 9th January 1701, her brother, Sir WiUiam, destined the lands and barony of Calderwood,
failing the heirs-male of William Maxwell, grandson of Colonel John Maxwell, to the heirs-male
of the body of Susanna Maxwell. On the 28th March 1709, she and her husband, Sir George
Home, granted a discharge to Adam Brown, curator of Sir William Maxwell, for an annual rent of
300 merks.7 Sir James Maxwell lived to a great age, and became quite blind. He was alive on 1 8th July
1670, at which date he assented to the assignation by his daughter, Mary, already mentioned. He
seems to have died soon after, and was succeeded by William Maxwell, the eldest son of his second
marriage.

IX. — 5. Alexander Maxwell, Twelfth of Caldeewood, 1614-1677.
Alexander Maxwell was the fifth and youngest son of Sir James Maxwell, and the second son of
his third marriage. He was twin brother of Anne, and baptized along with her at Edinburgh,
12th June 1614.8 Alexander became a merchant in Edinburgh, and was very prosperous in his
business. He acquired the lands of Saughtonhall and Dairy, in the county of Edinburgh, and
Abingdon, in the county of Lanark. He is occasionally designated of each of these estates, as well
as of Mauldslie and Calderwood, which he also acquired from his brother, Sir James.
When Sir James became embarrassed, as we have seen, Alexander interposed to prevent the
estates being sold to strangers. About the year 1644, he purchased from Sir James the barony of

Original Disposition at Torrance.
Original Assignation at Calderwood.
Original Decree, ibid.
Original Bond, ibid.

Reg. Mag. Sig. lib. 59, No. 309.
Record of Marriages in Edinburgh.
Original Discharge at Torrance.
Register of Baptisms in Edinburgh.

SIR WILLIAM MAXWELL, SECOND BARONET, 1670-1703. 485
Mauldslie, and on the 17th May 1644, obtained letters of inhibition against Sir James to prevent
him selling any of his lands.1
A contract was entered into, on 12th February 1648, between Sir James Maxwell of Calder
wood, with consent of Dame Mary Couttes, his spouse, and John Maxwell, his eldest son, on the
one part, and Alexander Maxwell, merchant in Edinburgh, on the other part, whereby, on the
narrative that Alexander Maxwell had advanced to Sir James, for performance of his necessary
affairs and business, and to his creditors for relief of his debts, the sum of thirty-four thousand
merks Scots, Sir James obliges himself to infeft Alexander, but under reversion in favour of John,
son of Sir James, in the lands of Calderwood, with the castle, tower, fortalice, manor-place, etc., and
in the lands of Jackton, Newlands, Dripps, etc. John Maxwell, who was then in minority, obliges
himself to ratify the obligation on his majority.2 Alexander Maxwell sold part of his own property
to redeem the mortgages on the Calderwood estates. He re-conveyed the estate of Calderwood to
his nephew and son-in-law, William Maxwell, eldest surviving son of Sir James, who married
Jean, the eldest daughter of Alexander Maxwell, as will be more particularly explained in the
memoir of Sir William Maxwell. Alexander Maxwell married Janet, only daughter and sole
heiress of -Thomas Moodie of Saughtonhall, and with her obtained the estate of Saughtonhall,
from which he took one of his designations. This marriage took place about the year 1643, as in
a letter from the laird of Kelburn to his brother-in-law, Sir John Maxwell, dated the 28th of June
of that year, he says : " I find the young man" (Alexander Maxwell) " verie far on in ane mariadge
with Thomas Moodie's dochter, the rich man in Edinburgh.3
Alexander Maxwell died in July 1677, as appears from the retour of the service of his
nephew, John Maxwell, as heir-male to his uncle, Alexander, in the lands of Over Abingdon,
and others, expede on 17th January 1706. 4
Of this marriage there were four daughters : —
1. Jean, baptized at Edinburgh, 10th September 1646.5 She married her cousin-german,
Sir William Maxwell of Calderwood.
2. Anne, married Sir William Denholm of Westshiel, 13th October 1670, without issue.
3. Janet, baptized at Edinburgh, 16th September 1652.6 She was infeft in Over Abing
don as beir of her father, Alexander Maxwell, 14th September 1668.
4. Elizabeth, baptized at Edinburgh, 28th November 1658.7
X. — Sie William Maxwell, Second Baronet of Calderwood, 1670-1703,
Was the eldest son of Sir James, the first Baronet, and his second wife, Mary Couttes. During his
father's lifetime, he was designated of Jakton. He was infeft in the lands of Calderwood, Jakton,
AUerton, and others, on precept in the disposition by his uncle, Alexander MaxweU of Sauchton-
haU, therein designed of Dairy, on 14th October 1661.8 And otl the Sth March 1667, William
1 Original Letters at Calderwood. given by them to the Earl of Marchmont, who was tutor
2 Original Contract, ibid. to SU William Maxwell.
3 Original Letter at Pollok. Thomas Moodie left * Original Retour at Torrance.
20,000 merks Scots to erect a church in the Grassmarket 5 Edinburgh Baptisms.
of Edinburgh. Parliament authorized the money to be 6 Ibid.
applied in building the Canongate church. The prin- 7 Ibid.
cipal gallery was allotted to the Calderwood family, and 8 Original Instrument of Sasine at Calderwood.

486 THE MAXWELLS OF CALDERWOOD.
Maxwell of Jakton obtained from King Charles II. a charter to him and Jean MaxweU, his spouse, in
conjunct infeftment, and to the heirs of tlieir marriage, in fee, whom failing, to the heirs of Wil
liam himself whomsoever. There is reserved by this charter to Alexander Maxwell of Calderwood,
father-in-law of William, the granter, the liferent of the lands of AUerton, etc., and also the title,
style, dignity, place, and precedency of the estate of Calderwood. The whole lands are thereby
erected into the barony of Calderwood, and the mansion-house of Calderwood is ordained to be the
principal messuage thereof.1
On the 16th February 1672, Sir William resigned into the King's hands the barony of Cal
derwood, and on the 26th of the same month, his Majesty re- granted the barony to Sir William
himself in liferent, and to Alexander, his eldest son ; whom failing, to Thomas Maxwell, his second
son, and their heirs-male ; whom failing, to Sir William Maxwell himself, and his heirs-male of any
other marriage ; whom failing, to the heirs-female of the said Alexander. This charter was ratified
in Parliament at Edinburgh, on 11th September 1672. And Sir William and Alexander were
infeft in liferent and fee respectively on 19th March 1673.2
The two sons and only daughter of Sir William having predeceased him without issue, he, on
the 9th January 1701, executed a new disposition and entail of the barony of Calderwood, in
favour of his cousin, William Maxwell, son of Mr. John Maxwell, who was son of Colonel John
Maxwell, uncle of Sir William, and the heirs-male of his body ; whom failing, to the heirs-male of
his own sister, Susanna Maxwell ; whom failing, to Andrew Hay of Craignethan, and his heirs-
male ; whom failing, to John, Archibald, and William Hay, his second, third, and fourth brothers,
and their heirs-male.3 Sir WiUiam, at the same time, granted a bond of provision of 300 merks
yearly to his said cousin, Mr. John Maxwell.4
In 1681, Sir William took steps to have the provisions of the will of Thomas Moodie, maternal
grandfather of Lady Maxwell, duly attended to. Thomas Moodie mortified a sum of money for
building a church in Edinburgh. Sir William Maxwell presented a petition to Parliament on the
subject, and on the 16th September 1681, Parliament ordered the money to be employed as nearly
as possible in accordance with the will of Mr. Moodie. The money was employed, as already stated,
in building the Canongate church. In a letter from Sir William to his cousin, Sir Alexander
Hume of Castlemains, dated from Calderwood, 2d April 1702, he mentions that the Duke of
Hamilton had said to the Commission of the Kirk, that he would stand for the Presbyterian interest
while he breathed.5
Sir William married his cousin-german, Jean, eldest daughter of his uncle, Alexander Maxwell
of Saughtonhall, etc., before 9th November 1666, as appears from a contract of that date, which
narrates their previous marriage.0 Sir WiUiam died on 30th April 1703.7 By his wife, Jean
Maxwell, he had two sons and one daughter.
1. Alexander, younger of Calderwood, who, on 9th April 1678, received from King Charles II.
a charter of the lands of Over Abingdon and others,8 and was infeft in the same in June following.
He married Margaret, daughter of Sir George MaxweU of PoUok. Their contract is dated 30th
1 Original Charter at Calderwood. 5 Original Letter at Marchmont.
2 Original Instrument, Charter, and Ratification at ° Original Contract at Calderwood.
Torrance. 7 Act on Curatorial Inventories of Sir William Max-
D Original Disposition, ibid. well at Torrance.
4 Original Bond, ibid. 8 .Original Charter, ibid.

SIR WILLIAM MAXWELL, THIRD BARONET, 1703-1750. 487
September 1684. Sir William and Alexander were bound to infeft her in the lands of Dripps •
and she, with consent of Sir John Maxwell, her brother, assigned to her husband, Alexander as
tocher, the sum of £10,000 Scots.1 The barony of Calderwood and other lands were provided
to the heirs-male of tbe marriage. But of this marriage there was no issue, and Alexander Max
well predeceased his father. On his deathbed, Alexander MaxweU expressed that the good example
of his father-in-law, Sir George Maxwell, and his regular and unaffected family worship in his house
hold, had been the means of his conversion.2 His wife died in May 1685. Her brother Sir
John Maxwell of Pollok, was then a prisoner in the Tolbooth of Edinburgh, for non-payment of a
heavy fine imposed on him for alleged ecclesiastical offences ; and on the 1 7th of that month he
was, on his petition, allowed by the Privy Council to the 2d of April to attend the funeral of his
sister, the Lady Calderwood.
2. Thomas, predeceased his father, young and unmarried.
3. Margaret, predeceased her father unmarried.
The whole male descendants of Sir James, the first Baronet, and of Sir James his father, by
his first and second marriages, having thus become extinct, the title and estates descended to the
heir-male of the first baronet's father, Sir James Maxwell, by his third marriage, with Lady Mar
garet Cuninghame. The eldest son of this marriage, as we have seen, was Colonel John Maxwell,
on whose grandson, William, the succession devolved on the death of h'« cousin, Sir William, the
second Baronet. XI. — Sir William Maxwell, Third Baronet of Calderwood, 1703-1750,
Succeeded his cousin in the title and estates on 30th April 1703. Being then in minority, the
two tutors nominated by his cousin, the second Baronet, who were Sir Alexander Hume Campbell
of Cesnock, and Adam Brown, then Dean of Guild, and afterwards Lord Provost of Edinburgh,
raised an action before the Sheriff of Edinburgh against Mr. John Maxwell, residenter in the
Canongate, and Andrew Ker of Kippielaw, W.S., nearest of kin to the minor on the father's side,
and James Wood, merchant in Edinburgh, and John Wood, thread-maker there, nearest of kin to
him on the mother's side. The Sheriff of Edinburgh, on 7th July 1703, ordained three inventories
of the minor's estate to be given up in the Sheriff Court/ On the 12th August 1703, Sir Wil
liam was infeft in the barony of Calderwood, in terms of the disposition and tailzie of 9th
January 1701, already mentioned ;4 and on the 14th September 1704, he received a charter of
confirmation of the lands of Dripps, proceeding on the same disposition and tailzie.0 Sir William
seems to have attained majority about the year 1716, when a settlement was made with Provost
Brown, his curator, and soon after which he undertook the management of his own affairs.
He married Christian, youngest daughter of Alexander Stuart of Torrance, before 27th April
1717, the date of their postnuptial contract of marriage. Sir William Maxwell became bound to
infeft Lady Maxwell in liferent in the lands of Over Abingdon, Glentewen, Allerton, and others ;
and disponed to her the furnishings of his house, and silver plate, in the event of himself and the
children predeceasing her. The tocher of Lady MaxweU was 8000 merks Scots.6
On the 21st November 1717, Sir William Maxwell made his will, appointing WiUiam, his
1 Original Contract at Ardgowan. i Original Instrument of Sasine at Torrance.
* Wodrow's Analecta, vol. ii. p. 62. 5 Original Charter at Calderwood.
3 Original Extract Decree at Torrance. ' Original Contract of Marriage, ibid.

488 THE MAXWELLS OF CALDERWOOD.
" only lawful son," his sole executor, and nominating Christian Stuart, his spouse, and Alex
ander Stuart of Torrance, and Major James Stuart, his eldest son, and others, as curators
to his son and to his only lawful daughter Margaret, and to any other children to be born
to him.1 Sir William occasionally experienced difficulties in raising money to meet his obligations. In
a letter to his law-agent in Edinburgh, Mr. Archibald Stuart, W.S., dated 24th December 1731,
Sir William sends £10 in notes and one guinea, which he says was all he could "scrape together
at the time." In a previous letter to Mr. Stuart, Sir William alludes to a singular source from
which he expected funds to assist in clearing his estate of debt. " My asses," he says, "are very
near the colting, which will still add to my designs in clearing debt."2 Sir William died in the
year 1750. Sir WiUiam MaxweU and Christian Stuart had four sons and four daughters, —
1. William, who succeeded him.
2. John, of Newlands, who was colonel of a regiment of grenadiers, and served with great dis
tinction in the German wars under Prince Ferdinand. The following letter from the Colonel to
John Dalrymple, Advocate, younger of Cousland, giving a graphic account of engagements with the
French, appears worthy of a place here : — Denheren Camp, 17th July 1761.
My dear Sib, — Before this reaches you, you will have heard of an ingagement we had on the 15th
and yestesday. I believe it is to be called only an affair, as the whole army was not ingag'd. But faith,
if such folks were not better judges of affairs than I am, it might stand for a very neat Uttle country battle.
However, without farther preface, as Kingslay's was not ingag'd, nor none on the right of the army, your
brother Billy is safe and, thank God, sound. But as there is no writing of a battle without leting you country
gentlemen know what blood you have had for your money, what I saw was as follows : — About 5 o'clock,
the French army, or rather part of it belonging to Marshal Broglis, attack'd Lord Granby's corps, wbich
makes the left of the army, as they march'd in 5 columns through the closest country you can conceive,
they came almost closs into our camps before we could check them. There continued the most fureous
attack, both with cannon and small arms, till even after it was quite dark, that most people ever heard. By
mutual consent, we gave over during the dead of the night ; but as soon as objects could be distinctly
discern'd in the morning, all hands set to work again, as if the Devil drove them. This continued till about
7 o'clock, with such continued fire of smaU arms, as seem'd one constant feu-de-joy. At last the Duke
order'd the two battalions of English grenadiers to indavour to get in their rear. Though the woods were
so thick that my people could only pass one by one, we were lucky enough to get quite behind them
before they perceived us, and as the men and officers sbow'd as good will as ever I saw them, which is all
I can say, the French soon thought it best to make their heels defend their head. Stewart's, and the
fusilier companies of my battalion suffer'd most, as these two fell in with a large body of French at the back
of a hedge, which made an infernel fire for some time ; but by the most remarkable bravery and cleverness
of Lutennant Douglass of Stueart's, and Sandy Steuart, sou to Castle Steuart, who has been some time
adjutant to the battaUon under my command, they drove them where ever they met them. The reason for
my mentioning these companies is, they were immediately under my eye, for it was such a country that not
above a company could be together, but the others where ever they came had the same success. You will
pardon my mentioning one of the most extraordinary circumstances that perhaps you have heard of.
As Davie Wedderburn, who acted as major of brigad, aud 1, were riding around an enclosure, we saw a
French battalion come out of a wood into a small plain, aud on our riding full speed at them, and caUing to
them to lay down their arms, tho to the best of my remembrance we had only two grenadiers with us, the
whole battalion threw away their arms, and deliver'd themselves up prisoners with colours and all, without
even firing at us. This is as strong au instance of a, panick as you have heard of, aud what I realy believe
1 Original Will at Torrance. ° Original Letters, ibid.

SIR WILLIAM MAXWELL, FOURTH BARONET, 1750-1789. 489
your brother BiUy might have done almost as well as we. This is a lucky hit for Davie, who was going
to London that day, however, and set out directly from the field of battle, with a note from the Duke to
the King, in which they say H. S. H. mention'd that fact. I am happy at it, for tho Wedderburn's luck
has been very great, he well deserves it. As to kil'd, woonded, and mising on both sides, I must refer you
to the Gazet. By all accounts the French loss is much greater than at Minden. My battalion has taken
three sixteen pounder, 1 six pounder, and 4 four pounders, b' wagons loaded with amunition, and 27 horses,
-with aU their harnass, and 5 stand of colours. But alas for these trophies. I have exchang'd some as good
feUows as ever step'd, tho my loss is very inconsiderable to what it used to be. What other Regiments
have taken I realy know not. Besides the entire battalion I nientiou'd, my men have taken a great num
ber of all ranks and regiments. I have only one Lieutenant, Mercerr, woonded, and Lieutenant Ferguson
taken prisoner in a small redoubt, but he is safe and well ; this I mention, that all my officers' friends may
be easy, as I have no other toutched, nor is there one officer in the other battalion hurt. The Duke has
shown such prodigious parts this whole campaign, and in this last affair in particular, as is astonishing, and
by aH accounts no troops ever behaved better than tbe Highlanders and Hessians, on whom the chief of the
attack feU ; the last of which fired above 150 roonds a man ; this I had from General Gils to-day, who at
present commands the Hessian troop. As I had only time to write Sandy yesterday that BiUy and I were
safe, you will be so good as send him this, as there is no possibility of writing such a long rigmarol story
twice over. — I am, most affectionaUy yours, J. Maxwell.1
Colonel Maxwell died without issue before 4th August 1773, when his brother, Sir WiUiam
Maxwell, was infeft in Newlands as his heir.2
3. Alexander, who was a merchant in Edinburgh. He married Mary, third daughter of Mr.
Hugh Clerk, merchant in Edinburgh (of the family of Clerk of Pennycuik), before 5th March
1754, when they entered into a contract which narrates their previous marriage without contract.
Alexander Maxwell thereby became bound to provide his wife in an annuity of £120, and to dis
pone the half of his furniture to her, in the event of her surviving him without chUdren ; and she
assigned to him £200, and her father paid to him £300 of tocher.3 They had four sons and
three daughters, —
1. William, sixth baronet. 2. Hugh, died young and unmarried. 3. Agnes. 4. Mary.
5, 6, 7, three other children, who all died young and unmarried.
4. Agnes, who married, in 1743, Sir Eobert Gordon, fourth baronet of Gordounstoun, and
had issue four sons and one daughter, of whom there are now no descendants alive.
5. Margaret, died between 1717 aud 1729 unmarried. The other daughters of Sir William
also died young and unmarried.
Sir William MaxweU, the third baronet, died in 1750, and was succeeded by his eldest son,—
XII. — Sir William Maxwell, Fourth Baronet of Calderwood, 1750-1789.
During his father's life, Sir William was put in possession of the famUy estates, and held them
for about half a century. He married GrizeU, daughter of James Peadie of KoughhiU. Their con
tract of marriage is dated 4th March 1742, and by it William binds himself and his heirs to infeft
GrizeU in an annuity of £200 sterling in the event of her surviving him, and in security to infeft
her in the lands of Calderwood and others, which were to be resigned for new infeftment in favour
of himself and the heirs-male of their marriage ; her tocher was £3500.4 WiUiam Maxwell was
> Old Copy of Letter, holograph of Alexander Max- J Original Contract at Calderwood.
well, brother of the Colonel, at Calderwood. ' Original Contract, ibid.
2 Register of Sasines for Lanarkshire. 3 Q
VOL. I. ^

490 THE MAXWELLS OF CALDERWOOD.
infeft in the barony of Calderwood, on charter, under the seal of the Prince of Scotland, on 1 3th
February 1744 ; in the lands of Over Abington, on charter under the great seal, of the same date ;
and in the lands of Newlands, as heir of his brother, Colonel John Maxwell, on precept from
Chancery, dated 4th June 1773.1
Sir WiUiam Maxwell employed Mr. James BaUIie, minister at Bothwell, to write an account
of the Calderwood famUy for the Baronage of Scotland, by Sir Eobert Douglas. It is very inac
curate, in so far as regards the succession of Sir George Maxwell of Auldhouse to the estate of
Pollok. Mr. BailUe, in a letter to Sir William, dated 26th April 1764, says : " I have done it
in such a hurry, as neither to have had time for transcribing it, nor polishing the language.
What is sent is the very first scroU." He authorizes Mr. Douglas to correct anything in which he,
Mr. BaiUie, may have been mistaken.2 The great " hurry" in which Mr. BaUIie prepared his
account of the family, explains the mistakes into which he necessarily fell, particularly in reference
to the Pollok and Auldhouse families. These inquiries into the history of the famUies led to cor
respondence with his Irish cousin, Eobert Maxwell Earl of Farnham, relative to the descent of the
latter from the family of Calderwood. The following letters from Sir William's brother, Colonel
John Maxwell, and Lord Farnham, on this subject have been preserved at Calderwood : —
Paris, 12th October 1764.
Our friend, Lord Fernham, is here at present, and has shown me much politeness ; he
talk'd to me yesterday for two hours about our family, and insisted that I should introduce him to Lord
and Lady Nithsdale, whieh I did. He says he is certain he came off Calderwood, and says aU his famUy
ever told him so. He says the first of their family who came to Ireland was Dean of Armach, his son was
Bishop of Kilmore, his son, my Lord's grandfather, who was also a clergyman, then my Lord's father, and
now he is the fifth generation. Lord Nithsdale says that both the Finniebroge family and Lord Fern-
ham's family came of Calderwood. My Lord desir'd me to know from you if you knew of any son who
left Scotland about James the Sixth of Scotland or First of England's time, as he believes it was about that
time that he came over. I told him that I heard you say that there was a son of the family who had the
estate of Newlands, which you had lately made over to me to strengthen the family interest in the county
(you know it's necessary sometimes to make a puff), who went to Ireland, but I could neither teU exactly
his name nor the time he went off the family. This you'll see was a little necessary, because, as he had
the instant before told me he could get me his name from the records in Ireland, and my predecessor, old
Newlands, was rather, I'm afraid, a son of my own fancy, instantly begot pro re nata than by any of our
forefathers, I did not care he should be able to backspeer me. He tells me they are going to write a
peerage of Ireland, and all he wants is just to know about what time a son of Calderwood went over to
Ireland, who must be his forefather. I need not tell you how proper it would be to have this relationship
made out, to a person of so great weight and fortune, whether true or false, is not a sixpence loss to any
soul liveing, but have him we must ; I have therefore wrote to Sandy to send you auy iusight you want
from Edinburgh ; and as I am now in Gibraltar, if you was to write my Lord an account of it in conse
quence of what I had wrote you, and my not being ou the spott, he would take it extremely weU. He
talk'd to me indeed of going by Scotland sometime or other in his way to Ireland, on purpose to pay you
a visite, but Sandy wiU always let you know when he comes to Edinburgh. Lord Nithsdale show'd me a
manuscript, which seems to me to be a little contradictory about the time we came off his family. It says,
' Lord Homer Maxwell's second son, Homer, voted in the Parliament 1244, of whom is descended the
familys of Nether-Pollock, Calderwood," &c. &e. In another place he says Lord John Maxwell died 144.
from — (wanting, torn away). London, loth August 1765.
Dear Sir,— I have postponed too long answering your very obliging letter, and have not yet received
the information which has been the cause of it. I was iu hopes of having it from a relation who knows
1 Original Instruments of Sasine at Calderwood. ' Original Letter ibid.

SIR WILLIAM MAXWELL, FIFTH BARONET, 1789-1829. 491
more particulars about my family than I do ; but I can wait no longer to express my sense of the very kind
offers you make me. to ascertain our connexion, and to return you my sincere thanks for the trouble you
have aUeady taken about it. The accounts you have been so good [as] to send me don't yet amount to that
positive prooff that I wish very much to have. I have not, myself, the smallest doubt of belonging to your
family, as I have been always told so since my infancy ; but, if you have not mistaken the period that the
sons of Robert passed into Ireland, we are stUl absolutely in the dark ; for the person I descend from must
have left Scotland about the end of Elizabeth, or beginning of James I., as his son, my great-grandfather,
was Bishop of Kilmore in Charles the lat's time, and obUged to fly to London from his diocese fpr safety in
the RebeUion of 1641. You mention the end of the sixteenth century or beginning of the seventeenth,
which is just one hundred years too late ; but I am very much inclined to beUeve that this is a mistake, as
so late an event, sixty or seventy years agoe (in all probability), could be, without difficulty, ascertained.
It is particular that the name of Robert has been always continued, and was given to me. If you should
acqmre any fresh lights, towards clearing up this affair, I shaU be very much obliged to you for them ; and,
iu return, wiU take the first opportunity of paying you homage as my chief. Whenever I receive any fur
ther information, I will certainly send it to you. If my descent from your family should be ascertained
before the pubUcation of the History you mention, I think it would be very proper to have it inserted in
that part which relates to you, as I am not only desUous of fixing, but also of making pubUck, my relation
ship to you. I shaU not now take up any more of your time, but to beg to hear soon from you, and to
assure you that I shaU be happy in every opportunity of cultivating your friendship. — I have the honour
to be, dear Sir, your most obedient and most obliged humble servant, Farnham.
Sir William MaxweU died 2d January 1789.1 Of his marriage with Grizel Peadie, there were
two sons and four daughters.
1. Sir William, fifth baronet.
2. James, a lieutenant in the army. He was infeft in liferent in the lands of Newlands on
27th September 1773 ;2 and, as proprietor in liferent of Newlands, he claimed to be enrolled as a
freeholder of Lanarkshire, in July 1774.3 He died unmarried in October 1779.
3. Margaret, died at Edinburgh on 14th December 1821, and was buried at Calderwood.
4. Isabella, died before the year 1764.
5. Christian, died at Melrose, 29th May 1765.4
6. GrizeU, died at Edinburgh, 10th April 1766.5
These ladies were unmarried.

XIII. 1. — Sir William Maxwell, Fifth Baeonet of Calderwood, 1789-1829,
Was born in 1748, adopted the military profession, and held a commission in the 1st Eegiment of
Foot. After his succession to the title and estates in 1789, he resided at Calderwood, was Vice-
Lieutenant of Lanarkshire, and took an active part in the management of all matters and im
provements connected with the county. During his time poUtical power in Lanarkshire was pretty
equaUy divided between two parties, the one headed by the Duke of Hamilton, the other by the
Douglas family. Sir William was a neighbour of both families, and did not take a very prominent
part on either side, but held the balance between the two contending parties. Each of them courted
him for his support, and the side taken by him generally prevailed. Sir William must have been
i Scots Magazine, vol. li. p. 50. | Scots Magazine, vol. xxvii. p. 279.
2 Origmal Instrument of Sasine at Calderwood. 5 Ibid., vol. xxvm. p. 223.
3 Original Claim, ibid.

492 THE MAXWELLS OF CALDERWOOD.
sorely puzzled on one occasion when, as the Pope has his palfrey held by two crowned heads, Sir
William had his horse held for him by the Duke of Hamilton and Lord Douglas.
Soon after his succession, Sir William expede, on 1 Sth April 1830, a special service, as nearest
and lawful heir-male of provision to Sir James Maxwell, first baronet of Calderwood, who was the
brother consanguinean of his great-grandfather's father, in the common of KUbryde.1
Sir WiUiam married, 5th May 1807,2 Hannah Leonora, daughter of Eobert Pasley of Mount
Annan. They had no surviving issue.3 Lady Maxwell survived Sir William, and died at Edin
burgh on 19th July 1857, and was interred in the Dean burying-ground. On his death, on 12th
August 1829, the title and estates devolved on his cousin William Maxwell, who became
XIII. 2. — Sir William Maxwell, Sixth Baronet of Calderwood, 1829-1837.
He was born on the 4th December 1754, and succeeded his cousin, the fifth baronet, in 1829.
Early in life Sir William adopted the military profession, and became a general officer in the
army. He was employed in the American War of Independence, and was twice taken prisoner,
— first in 1777, under Burgoyne at Saratoga, and again in 1783, under Cornwallis at Yorktown.
Sir William was distinguished for great politeness, though it did not rise to the eminence so
remarkable in his kinsman the late Duke of Hamilton, the proudest and most courteous personage
of his day. A visitor who related the story, said that he was one of the family party at Calderwood
when the Duke rode there to call. He was ushered in with his coat buttoned to the throat, and
with long jack boots which suited well with his tall figure and dark features. After sitting some
time, he was about to depart, and proposed to have his horse ordered, when heavy rain came on. Sir
William insisted on getting his carriage ready to take the Duke home. His Grace protested nothing
should induce him to go into it ; Sir William protested he could not allow the Duke to go without
it. In the energy of the debate up they started together, and they careered the whole length of
the long room face to face as in a country dance, down the middle protesting vigorously, till they
disappeared. The visitor did not like to follow and see the end of the adventure ; but soon the
door opened, the Duke entered with his arms folded across his breast (perhaps because no shaking
of hands was to be expected) and begged his pardon for having in the excitement of his departure
omitted to take leave. Then he retreated finally.
Sir William on one occasion had a dangerous iUness, from which he had a surprising recovery.
He was always thin and very pale, but he looked still more so after his recovery, when he said to
a friend who asked for him that he " had had a round with death."
Sir William married Isabella, daughter and heir of Henry Wilson of Newbottle, county of
Durham, by whom he had four sons : —
1. William Alexander, seventh and present baronet.
2. Eobert Wilson, who was in the Civil Service of the East India Company, and made a
fortune in India. He purchased the estate of Middleton, near Uphall, in Linlithgowshire. He
died unmarried on 31st January 1851.
3. Henry, merchant in Leith. He acquired the lands of Dean Park, in the county of Edin-
1 Original Extract Retour at Calderwood. 1808, and another on 26th May ] 809.— [Scots Magazine,
' Scots Magazine, vol. lxix. p. 397. vol. lxx. p. 397 ; vol. lxxi. p. 478.]
:) Lady Maxwell had a still-born child on 10th May

SIR WILLIAM ALEXANDER MAXWELL, PRESENT BARONET. 349
burgh. Mr. MaxweU died, unmarried, at Edinburgh on 29th January 1853, and was interred in
the Dean burying-ground.
4. Hugh Bates, who was born 14th February 1797. He was called to the Scotch bar in the
year 1818, but lie never practised as a lawyer. Mr. Maxwell married, on 1st May 1827, Mary
Ann Barbara, only daughter of John Hunter of Lisburne, and has a son, William, born 11th
August 1828.
Isabella Lady Maxwell died 1st October 1829. Sir WUliam died 16th March 1837. They
were both interred in the burying-ground of St. John's Episcopal Church, Edinburgh. Sir William
was succeeded by his eldest son,

XIV. — Sir William Alexander Maxwell, Seventh and Present
Baronet of Calderwood.

a

He was born on 30th April 1793. Like his father, he entered the army, and held ;
commission in the First or Eoyal Dragoon Guards. He retired from the service, holding
the rank of Colonel, when he succeeded his father as seventh baronet in 1837. The present
baronet, like his predecessors, was on terms of friendship with his neighbour the late Duke
of Hamilton, of whom an anecdote has been given of a visit to Calderwood in the time of the
late Sir William. On another occasion, when the Duke was at Calderwood after dinner, Mrs.
Gillon, Sir William's step-daughter, was playing and singing, and at length got up the comic
song of the Muffin Man. She went up book in hand to each one of those about the pianoforte,
and asked, with the usual air — " Do you know the Muffin Man," etc. etc. The Duke had been
left to himself, owing to the superior attractions of the Muffin Man, and seeing the fun, and
feeling lonely, he marched up, buttoned to the throat, as if he was going out to the Muffin
Man. Mrs. Gillon seeing him approach, went up with her book, and sung with an appropriate
variation — "Does your Grace know the Muffin Man, the Muffin Man, the Muffin Man, does
your Grace," etc. In the surprise of the attack, the Duke was led not only to acknowledge
the acquaintance of the Muffin Man, but was even inspired with such zeal in the cause that
he sang it to the best of his ducal voice. The effect was irresistible.
Sir William married, on 15th June 1847, Catherine Cameron, fifth daughter of the late
Walter Logan of Fingalton, county of Lanark, and relict of Captain Henry Paget Gill of the
50th Eegiment.
The presumptive heir to Sir William is his brother Hugh Bates MaxweU.

Armorial Bearings.
Shield: Quarterly, 1st and 4th, argent, on a saltyr, sable, an annulet, or, 2d, argent, a saltyr,
i, within a bordure counter-componed of the second and first ; 3d, argent, a bend, azure.
Crest : A stag's head, proper. Motto : "I am ready;" below, "Think on."
Supporters : On the dexter, an ape chained, and on the sinister, a stag— all proper.
[Patent by the Lord Lyon, dated 13th July 1793.]

494

THE MAXWELLS OF FARNHAM, EARLS AND LORDS FARNHAM IN IRELAND,
CADETS OF CALDEEWOOD.

I.— ROBERT MAXWELL, second son of John Maxwell (VII. 2), eighth of Calderwood, went to Ireland c. 1600,
where he was appointed Dean of Armagh. He married — 1st, Susan Armstrong, who is mentioned as his
wife in 1591, by whom he had issue ; 2d, Isabella, daughter of Seton of Lathrisk, county of Fife.

II. — Robert Maxwell, entered into Holy Orders,
and obtained the degree of Doctor of Divinity
in Dublin University. He built his house of
College Hall in 1626. He was made Bishop
of Kilmore in 1643, and of Ardagh in 1660.
He married Margaret, daughter of Bishop Ech-
lin. He died 16th November 1672.

Henky Maxwell of Finnebrogue, married
Jane, daughter of Bishop Echlin.
Ancestor of tlie Maxwells of Finnebrogue,
county of Down.

I
James Maxwell of
Mullatinny, now Elm
Park, Armagh. He
married Jane Norris,
and had issue two
sons and two daugh
ters.

Phebe
(daughter).

I
III. — John Maxwell of
Farnham. Diedinl713,
s.p.

IV. 1.— TheRev.RoBEET
Maxwell, D.D., of
Farnham, succeeded
his uncle John in 1713.
Died in 1737, s.p.

James Maxwell of Fellows
Hall, married Jane, daughter
of his uncle, Henry Maxwell.
Issue one son and three daugh
ters. Died in 1714.

Henky Maxwell of College
Hall, was rector of Derry-
noose, Armagh. He mar
ried Anne Stewart of Cul-

William Maxwell of Falk
land, married Anne, daughter
of George Walker, D.D., and
was ancestor of the Maxwells
of Falkland, county Monaghan.

IV. 2.— John Maxwell of Farnham, M.P.
for county of Cavan. Created, on 6th May
1756, Baron Farnham of Farnham. He
married Judith, heiress of James Barry of
Newton-Barry, county of Wexford. Died
6th August 1759. I

Robert Maxwell of Fellows
Hall, a captain of horse, mar
ried Grace, daughter of the Rev.
John Leavens, and had three
sons and four daughters.

I

I II II
Jane,
Anne,
Maroaret, Phebe, Mary.

Jane, married to the
Right Hon. Henry Max
well of Finniebrogue.

. 1. — Robert, second Baron, created Viscount in 1761,
and Earl of Farnham in 1763. Married — 1st, in 1759,
Henrietta, daughter of Philip Cantillon; and, 2d, Sarah,
daughter of Pole Cosby of Stradbally Hall. He died
16th November 1779.

V. 2. — Barry, third Baron Farn
ham, created ViBcount Farn
ham in 1780, and Earl of Farn
ham in 1785. He married —
1st, Margaret, daughter of Ro
bert King of Drewstown ; 2d,
Grace, daughter of Arthur Bur-
det. He died in 1800.

Henry, Bishop of Dru-
more in 1765, and Meath
1766. He was a member
of Privy Council. He mar
ried Margaret, only daugh
ter of Anthony Foster,
Chief Baron of Exchequer.

I
Anne
(Mrs. Owen
Wynne).

John Lokd Henrietta, VI. 1. — John-James, second Anne,
Maxwell, married Right Earl, and fourth Baron Judith,
Hon. Denis Farnham, bom 1760. He Grace,
Daly of married Grace, daughter Elizabeth.
Dunsandle. of Thomas Cuffe of
Grange, without issue.
He died 23d July 1823.

his father in
1777, s.p.

VI. 2. — John Maxwell-Barry,
fifth Baron. He succeeded
his cousin in 1823. Was a
representative Peer. He
married, 4th July 1789, Juli
ana-Lucy , daughter of A rt hur
Earl of Mountnorris, with
out issue. He died 20th Sep
tember 1838.

VI.3. — The Rev. Henry Maxwell,
sixth Baron. Succeeded his bro
ther in 1838. He was in Holy
Orders. He married, on 5th Sep
tember 1798, Lady Anne Butler,
eldest daughter of Henry, second
Earl of Carrick. He died in Octo
ber 1838. i

1
Henry Maxwell, present

1 1
Somerset-

P1 ' '
Charles-

1
Richard-

1 1
Robekt-

Sarah-

1
Harriet-

Anne,

Baron Farnham, K. P.

Richard,

Robert.

Thomas,

Thomas,

Juliana,

Margaret.

married

Born 9th August 1799.

M., 1839,

Died 1824.

married

R.N. Died

married to

Married — 1st,

William

Was M.P. for county of

Dorothea

Edward-

Charlotte-

in 1841.

Alexander

Viscount

Morris Bayly

Cavan. Succeeded his

Pennefather.

William.

Anne,

William-

Saunderson

Bangor;

of Annarault.

father in 1838 ; and is a

John-

Died un

daughter of

George,

of Castle

and 2d, to

He died

representative Peer for

Barry,

married,

the Rev.

born in

Saunderson,

Capt. Nugent.

1840.

Ireland. Married, 3d De

died un

1838.

Henry-P.

1821.

and has

She died

cember 1828, Anna-Fran

married,

James

Ellington of

issue.

1857.

ces-Esther, daughter of

1833.

Pierce, in

Ferns, and

Thomas Lord Le De-
the Army.
has issue.
spencer.
495

THE MAXWELLS OF AIKENHEAD, LANARKSHIRE,
CADETS OF POLLOK.

1.— WILLIAM MAXWELL of Aikenhead, third son of Sir John Maxwell of Pollok and Isabella Lindsay.
He was tutor-at-law to his nephew, Sir John Maxwell of Calderwood, from 1420. William received
from him charters on 5th February 1423, and 26th July 1424. Died c. 1440. Succeeded by his son :
II. — John Maxwell of Aikenhead, who resigned an annualrent from Mauldslie, 1st August 1446; and, on 6tli
February 1452, he witnessed an indenture between Herbert Lord Maxwell and Sir John Maxwell of Pollok.
 j 
III. — William Maxwell of Aikenhead, John Maxwell, brother-german of William,

witnessed infeftment of John Max
well and Margaret Blair in parts of
Pollok, 6th October 1494.

witnessed Instrument of Sasine in favour of
his nephew John, son of William, in the lands
of Kilcadzowlaw, in the barony of Mauldslie,
dated 30th July 1493.— [At Calderwood.]

IV.

-John Maxwell of Aikenhead. He, as son and apparent
heir of William Maxwell of Aikenhead and Elizabeth
Douglas, his spouse, was infeft in the lands of Kilcadzowlaw,
in the barony of Mauldslie, on 30th July 1493. He received
a discharge for 300 merks on 14th November 1509.

V— Walter Maxwell of Aikenhead, was on an inquest 15th
May 1518. He received a charter of Aikenhead from
James V., 2d February 1540. He was on the Inquest of
Service of John to Robert Maxwell of Calderwood, his
brother, 6th October 1548. Walter died before 9th July
1575.

I
John Maxwell, brother-
german to Walter Max
well of Aikenhead, wit
nessed a Discharge 12th
July 1542 (at Pollok).

VI.— Gavin Maxwell of Aikenhead. He
was junior of Aikenhead 18th March
1558. He married Janet Bruce, and died
before 7th April 1597.

Robert appears as son of
Walter in the charter of
2d February 1540. He
is also a witness on Sth
November 1560.

William also ap
pears in the char
ter of 2d February
1540.

I

VIII,

VII.— Robert Maxwell, younger of Aikenhead, son of
Gavin and. Janet Bruce, submitted disputes with
William Maxwell of Cowglen anent the little
mains of Aikenhead, and other matters, to arbitra
tion in 1580. He married Isobel Lockhart, and
died before 7th April 1597.
—John Maxwell of Aikenhead, was served heir
of his father Robert in the lands of Aikenhead, 7th
April 1597. He and Sir James Maxwell of Calder
wood granted a charter of the lands of Aikenhead
to James Hamilton, Merchant in Glasgow, and
Elizabeth Adam, his spouse, dated 22d October
1611. From the descendants of James Hamilton,
the lands of Aikenhead were acquired in 1767 by
Colin Rae of Little Govan, from whose successors
John Gordon, Esq., acquired Aikenhead in 1808.
His son, John Gordon, Esq., is now of Aikenhead.

I
John Maxwell, son ot
Gavin Maxwell of Aik
enhead, witnessed sasine
to John Maxwell, son
of Walter of Aikenhead,
dated 9th July 1575.=
John Maxwell, tutor of
Aikenhead, is witness to
an Instrument, dated
28th September 1594.
In 1597, he was request
ed by the Presbytery of
Glasgow to banish the
Gipsies from his bounds.

John, son of Walter,
had sasine of an
annualrent from Little
Aikenhead, on 9th
July 1575.

Jean Dinwiddle,
_" Lady Dinwiddie,"
"married before 3 4tli
March 1597.

Robert Maxwell, obtained liferent
of his parents in the lands of Din
widdie on 7th November 1617.

Giles Maxwell, who was sum •
moned before the Presbytery of
Glasgow in 1597 and 1601.

496

MAXWELLS IN GLASGOW, CADETS OF AULDHOUSE.

-PATRICK MAXWELL, third son of John Maxwell fourth of Auldhouse and Janet Dunlop, his wife, was a
merchant in Glasgow. [His tombstone in south wall of churchyard around the Cathedral, Glasgow.] He
married Bessie Boyd, daughter of James Boyd of Trochrig, Archbishop of Glasgow. He built a house on
the east side ofthe High Street, Glasgow, in 1623, which belonged to his descendants for upwards of 150
years. On the front of this house was a stone with the armorial bearings of Patrick-Maxwell impaled with
those of his wife, and which remained there until the house was taken down in the year 1856. In the
base of his shield is a double-headed eagle for his difference as a younger son, and to mark his maternal
descent from the Dunlop family. This stone is now in the possession ofhis descendant, Tliomas Maxwell (VII.)
Another stone, which had been plastered over, was discovered on taking down this old house, and has been
rebuilt into the new one, having the initials, P. M. and B. B. interlaced, and the lines which are sub
joined.* Patrick died in September 1623. He had three sons and one daughter.
I 

II. — John Maxwell, merchant
in Glasgow. As son and heir of
Patrick, he obtained a charter
from Sir John Maxwell of Pol
lok on 16th September 1624.
He married Helen Hill [of
Lambhill]. Died 1648.

I
Georqe, died before 1661,
when hisyounger brother,
Robert, became heir of
their eldest brother John.

II. 2. — Robert Maxwell, born in 1611. He
was minister of Monkton and Prestwick, 1640-
1665, when he was ejected for non-conformity.
Was tutor to his brother John's children in
1648. Was Berved heir to his brother John
in 1661, and to his father, Patrick, in 1666.
Married Margaret, daughter of Robert Blair
of Bankend and Bogtoun. He died, 26th
March 1686, aged 75. j

Agnes,
mentioned in her
father's
will, con
firmed in
1624.

III.

-Niniane Maxwell. Bessie Maxwell. Janet Maxwell.

All minors at their father's death, in 1648, when their uncles,
George and Robert, acted as their tutors ; and all dead before
1661, when their uncle Robert was served heir of their
father, John, and of his daughter Bessie.

III. 2. — Robert Maxwell, was a merchant in
Glasgow, and married Euphan, daughter of
Peter Patoun, merchant, there. They were
infeft in a house in Glasgow on 19th March
1673. He disponed that house to his son
Patrick in November 1716.
I

IV. — Mr. Patrick Maxwell, born 1689. Appointed minister of Inchinnan in 1722. In 1725 he
was entered a burgess of Glasgow, as son of Robert, who was son of Robert, son of Patrick,
great-grandfather of this Patrick, and died 16th January 1749, aged 60. He married Janet,
daughter of Thomas Thomson, merchant, Glasgow.

Robert, died
in January
1737, in
childhood.

V.— Thomas, born in 1732.
Appointed minister of
Stewartown in 1 758.
Married, in 1770, Eliza
beth, daughter of Robert
Brown, shipmaster, Salt
coats. He sold the old
family house in Glas
gow ; and died on 13th
March 1796. I

Patrick, born
12 th January
1734. Died
of smallpox, on
31st January
1737, three
weeks after his
brother Ro
bert.

I
Robert, born
15thMarohl741.
He was for some
time at Cape
Coast Castle for
the African Com
pany. He died
beforel778,when
his brother Tho
mas was served
heir to him.

Margaret, married
Thomas Allason, mer
chant, Glasgow. Their
only child, Tomina, was
served heir to her mother
on 1st May 1778. She
married Benjamin Ro
bertson, printer, Glas
gow, before 1781, with
out issue.

Euphan, bnrn
28th Septem
ber 1738. Mar
ried, in 1765,
Gilbert Lang,
minister at
Largs. She
died soon, with
out issue.

I I
VI. — Patrick Maxwell, was born Robert,
in '1771. He was a writer in Irvine, born 1773.
andmarried, in 1 806, Jane, daugh- Died
ter of Robert Tod of Knockendale, young.
merchant in Irvine. Died at
Gailes, near Irvine, on 15th August
1818. i

John, born
1774, Surgeon
in West
Indies, where
he died, 13th
July 1805.

-I
Thomas, born
1775. Died
at Tobago,
26th Novem
ber 1802.

Robert, born
1777. Died
at Tobago,
21st January
1804.

George, born
1781. Died
at Irvine,
25th Septem
ber 1826.

J I
Jean,
Janet, both died
young.

They all died unmarried.

VII. — Thomas Maxwell, born in 1812. A merchant in Glasgow.
Married, in 1848, Constantia Margaret, daughter of William
Church, merchant in Glasgow, and has one son and four daughters.

I I I I I
Elizabeth, Marion, Jane, Agnes, Jane.
These five daughters died, unmarried, with
the exception of Agnes, but of her there
is no surviving issue.

Patrick William, born 29th September 1855.

I I 1 I
Elizabeth, Jane Marion, Constance Ada, Anne Eufhax.

^ God by -whois gift this worke I did begin,
Conserve the enme from skaith from schame and sin
Lord as this building buildt was by thy grace
Mak it remaine stil with tlie builder's race :
God's Providence is myne inheritance, 1623.

ARMS OF PATRICK MAXWELL AND BESSY BOYD 1623
(referred to in the preceding page.J

t~*~i

yALrT UNlVERSlTy

'5b