MAXWELL. 275 the late Lord, but d. v p. 22 July 1131,( a ) lining slain at tho battle of Kirtle. He was infefto.l 8 May 1485 as lieir to his grandfather ; was a Conservator of a truce for the West Marches, 3 July 1 MW, and a Commissioner to treat with England, 29 July 1494. He Mi. Allies, da. uf Sir Alexander Stewart, of Garlies. by Elizabeth, da. of Sir Archibald DorfaLA8, of Cavers. He (I. 9 Sep. 1513, being slain at the battle of Flodden (*>) IV. 1513, 4- Rorert (Maxwell), Lord Maxwell [S.], s. and h. ; was knighted v.p. before 10 June 1513; was au extraordinary Lord of Session, 2 July loll ; was taken prisoner at Sohvay in Nov. 1542 but ransomed in July 1548 for 1,000 marks ; was one of the' Knglish party in Scotland ami was a great supporter of the reformed religion. He was hereditary Sheriff of Kirkcudbright and Warden of the West Marches. He m. firstly in 1509, Janet, da. of Sir William Douglas, of Drumlanrig, by Elizabeth, da. of Sir John Gordon, of Lochiuvar. He in. secondly, between Sep. 1513 and Sep. 1529, Agnes, Dow. Countess civ Bothwell [8.], illegit. da. .if James (Stewart), Earl ok Buchan [$.], by Margaret Murray, of the house of Philiphaugh. He at Logan 9 July 1616. His widow obtaiued letters of legitimation under the Great Seal [S.], 31 Oct. 1552. V. 1546. '>. Robert (Maxwell), Lord Maxwell [S.], 1st b.(«) and h. by first wife, served heir 1 Aug. 1550 ; Warden of the West Marches : a Commissioner to England, .S May 1551. He m. (lie. for marriage contract dat. 25 July 1530( J ) Beatrix, yst. da. and coheir of James (Douoxas), 3.1 Karl ok Morton [S.j. by Lady (Catherine Stewart, illegit. da. of King James IV. [».} lie <l. 14 Sep. 1552. VI. 1552. $. Robert (Maxwell), Lord Maxwell [S.], s. and h. lie d. at Hills, in childhood before Aug. 1553, Vn. 1553. 7. Joss (Maxwell), Lord Maxwell [S.], br. and h., being posthumous s. of the 0th Lord ; b. 1552 ; was served heir to his father, 24 May 1 509. On the attainder and execution of his uncle (the husband of his mother's sister), James (Douglas), 4th Earl op Morton [S.] (the Uegent) in June 1581, he was (his mother being one of the daughters and coheir of the 3d Earl), by Royal charter, 5 Juno,( e ) ratified by Pari. 19 Nov. 1581, EARL OF MORTON' [S.'] He sat in Pari, as such, 30 Oct. 1581, and subsequently, but the attainder being reversed 29 Jan. 15S5/0, and the Earldom, consequently reverting to the heir of entail, he was thereafter known [only] as Lord Maxwell. In 15SS, he assisted the Spaniards in their proposed invasion : but was takeu prisoner at Dumfries and was (for soma time) deprived of his office of Guardian of the West Marches. He '") Sir William Eraser (in his " Bunk of Carlavcmck ") numbers him as the third Baron on the ground that " having been put into possession of the Barony in the lifetime of his father," he " wis thereafter occasionally styled Lord Maxwell. ( b ) See p. 63, note "b." tub " Lennox," for a list of the Scotch nobility slain at Flodden field. (u) The second son, Sir John Maxwell, mi. Agnes, ««<i jure Baroness Herries of Terregles [S.], and was great grandfather of John, Lord Herries of Terregles, who, as heir male o f the Maxwell family, s'ie. in Oct. 16G7, as Earl of Nithsdale, Lord Maxwell, &c. [S.] () This date (considering the age of tho sons who sue. him) seems somewhat early. The parties were possibly very young. See, however, Fraser's " Carlavcrock," I, 210. (°) " The only contemporary evidence of the creation is an entry in the Books of Record of the Lyon King at Arms, of which a certified copy was produced, from the muniments of Lord Herries, in the Herries peerage claim ( Herries minutes of evidence, p. 437). The entry merely states that at Holyroodhouse, on 29 April 1681, John, Lord Maxwell, was cr. Earl of Morton, Lord Carleill and Esktlaill, &c. In tho Nithsdale letters-patent the creation is stated to have taken place in Oct. 1581, but probably the creation was held not to have been completed until Lord Maxwell took his seat" in Pari, under it, and he did not sit as Earl of Morton till 30 Oct. 1581." [Hewlett," p. 1G9]. Sir W. Eraser suggests (" Vnrlarcrork," I, 253). that 29 April is a mistake for 29 October. The creation was ratified by act of Pari, 29 Nov. 1581. T 2
