Ref:

The Maxwell Society- at: www.maxwellsociety.com
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
The Baronetage of England or The History of the English Baronets- William Betham, Vol. 5, p.579

d. 1241

Sir John de Maccuswel was sheriff of Roxburgh and Teviotdale in 1207 and in 1215 was ambassador to the court of King John.(1) In 1220 he was one of the guarantees of the marriage of King Alexander with princess Joan, sister of Henry III. He was also one of the witnesses to the grant of dowry on 18 June 1221. John was also chamberlain for Scotland from 1231 until 1233.

The ruins of the "old" castle

John was the builder of the old castle of Caerlaverock which was 600' to the south of the current castle. This castle was square and was one of the earliest stone castles in Scotland.

Issue-

Ref:

(1) Foedera- V. i. part i, p. 135

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

m. MARY de MEARNS, d. of Roland de Mearns

Eumerus or Homerus de Maxwell, Lord of Caerlaverock, was one of the counselors of the young king and in 1255 he and his wife Mary, along with the Comyns, John de Baliol, Robert de Ros and others were removed by King Henry to make way for the members of the English party. Homer was sheriff of Dumfriesshire and held the office of Great Chamberlain of Scotland after the death of his father.

In 1258 he and the other barons refused to make peace with the English without the consent of the Welsh. Homer was Justiciary of Galloway in 1265.

By his marriage to Mary, daughter and heiress of Roland de Mearnis in Renfrewshire, he had a great estate in the west of Scotland including the lands of Mearnis, Nether Pollock, in Renfrewshire as well as Dryps, and Calderwood in Lanarkshire.

Issue-

Ref:

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
The Baronetage of England or The History of the English Baronets- William Betham, Vol. 5, pp.579-80

b.c.1224
killed 22 July 1298 Battle of Falkirk

Sir Herbert was at the parliament at Scone 5 Feb. 1283/4 when the nobles acknowledged the Maid of Norway as Queen of Scotland upon the death of her grandfather Alexander III. In 1289 he supported her marriage to Edward, son of King Edward. On 6 June 1292 he was one of those named on the part of John Baliol to discuss with Edward the right to the throne of Scotland and in the same year he swore fealty to Edward.

Caerlaverock Castle- c.1900

In the 1270's Herbert built the new castle of Caerlaverock which was under siege by Edward I in 1300. Sir Eustace, Herbert's son, defended the castle with only 60 men against the entire English army for a considerable period of time before they were compelled to surrender. During the siege the English heralds composed a roll of arms, The Roll of Caerlaverock, in the form of verses describing the feats of valour of each knight present and a blason of his arms. Historic Scotland has organised re-enactments of the siege in the recent past.

Caerlaverock Castle from the air

Siege Engine at Caerlaverock Castle

The English Are Attacking!

Issue-

Ref:

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

b.c.1285
d. after 17 Oct. 1346 Tower of London

Sir John de Maxwell, knight "son of the deceased Sir John Maxwell of Pencateland, and heir of Sir Eustace de Maxwell, his brother", succeeded as shown by a charter granted by him to the Abbey of Dryburgh, confirmed by William, Prior of St. Andrews in 1343 being "the patronage of the church of Pencateland, which John de Maxwell of Pencateland, and Sir John Maxwell, knight, dominus de Maxwell, granted to the abbot and convent of Dryburgh".

Pencaitland Kirk

Issue-

Ref:

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

b.c.1310
m. CHRISTIAN _____
d. after Nov. 1373 Caerlaverock Castle

Sir John Maxwell, Lord of Maxwell probably did not regain possession of Carlaverock for some time as by the end of 1356 Roger de Kirkpatrick had destroyed much of the castle.

Sir John was at the meeting of the Estates at Edinburgh 26 Sept. 1357 when the terms of the release of King David II were agreed to and he was engaged in the negociations with Edward III relating to this.

On 19 Sept. 1371 Sir John granted his son Robert the lands he held of the king, reserving liferent, and of the terce to his wife Christian in case she survived him.

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

b.c.1340
d. before 8 Feb. 1410 Caerlaverock

Sir Robert rebuilt Carlaverock Castle on its present site. He made a grant to Dryburgh monastery for the welfare of his soul and of the soul of Sir Herbert de Maxwell, his son and heir, prior to 1400.(1)

Ref:

(1) Liber de Dryburgh- p. 273

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom, Extant, Extinct or Dormant - G.E. Cokayne; with Vicary Gibbs, H.A. Doubleday, Geoffrey H. White, Duncan Warrand and Lord Howard de Walden, editors, new ed., 13 volumes in 14 (1910-1959; reprint in 6 volumes, Gloucester, U.K.: Alan Sutton Publishing, 2000), volume VIII, page 589

b.c.1366
m. KATHERINE STEWART of Dalswinton, d. of John Steward of Dalswinton, grand-daughter of Walter Stewart of Peirston
d. before 16 Oct. 1421 Caerlaverock

On 8 Feb. 1409/10 Sir Herbert received a charter of the stewardship of Annandale from his kinsman Archibald, Earl of Douglas.

Issue-

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom, Extant, Extinct or Dormant - G.E. Cokayne; with Vicary Gibbs, H.A. Doubleday, Geoffrey H. White, Duncan Warrand and Lord Howard de Walden, editors, new ed., 13 volumes in 14 (1910-1959; reprint in 6 volumes, Gloucester, U.K.: Alan Sutton Publishing, 2000), volume VIII, page 589

m.1. JANET HERRIES, d. of Sir Herbert Herries of Terregles
2. Katherine Seton (m.1. Sir Allan Stewart of Dernely), d. of Sir William Seton of Seton
d. before 14 Feb. 1453

Sir Herbert had a safe conduct 3 Nov. 1413 to go along with other to England as hostages. On 16 Mar. 1421 he was retoured heir to his father in the lands of Mckill Dripps.

In 1425 Herbert was arrested with Murdoch, Duke of Albany, but was soon released. Albany was first sent to Carlaverock Castle but then taken to Stirling were he was executed. The tower at Carlaverock where he was a prisoner is known as Murdoch's tower.

Murdoch's Tower- Caerlaverock Castle

At the parliament at Perth, 10 Mar. 1429, Herbert is one of the lords who adjudicated on the plea between Margaret, lady of Craigy and Philip de Mowbray.(1)

In 1430 and 1438 he was warden of the west marches and on 20 Mar. 1438 he was one of the conservators of the truce with England. He was one of the lords present at the parliament 28 June 1445 and was again a conservator of a truce with England on 29 Apr. 1450, 16 Apr. 1451 and 30 May 1453. On 8 Aug. 1440 he had a charter from the king allowing him to build a tower on the craig at Mearns and on 15 May 1444 he had a letter from the king allowing him to build the castle of Mearns. Herbert was joint commander of the Scottish right wing at the Battle of the Sark in 1448.

Mearns Castle

Mariota's parentage is definately open for debate. She married Lord Boyd c.1440 so she would fit in as a child of Herbert, however, several references list her as a daughter of John Maxwell and Janet Crichton, although the dates don't work. She is also listed as being a daughter of Robert Maxwell of Calderwood, son of John Maxwell and Isabel Lindsay. Also, none of the major references are sure what her name was... Mariota or Janet. So, you can read Burke's, the Complete Peerage or Anderson and take your pick! My best guess is that she is the daughter of Robert, Laird of Calderwood and Elizabeth Denniston. Issue- first four children by Janet, last seven by Katherine.

Ref:

(1) Acta Parl. Scot.- Vol. II, p. 28

Magna Carta Sureties- Frederick Weis, 5th edition, 1999- 41e-12
Burke's Peerage & Baronetage- Charles Mosley, Ed., 106th edition, 1999- p. 1579
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom, Extant, Extinct or Dormant - G.E. Cokayne; with Vicary Gibbs, H.A. Doubleday, Geoffrey H. White, Duncan Warrand and Lord Howard de Walden, editors, new ed., 13 volumes in 14 (1910-1959; reprint in 6 volumes, Gloucester, U.K.: Alan Sutton Publishing, 2000), volume II, p. 260

m.c.1425 JANET FORRESTER (d. after 1488), d. of John Forrester of Corstorphine and Lady Jane Sinclair, grandson of Adam Forrester
d. before 8 May 1485

Robert was retoured heir to his father 14 Feb. 1453/4. Upon the forfeiture of the Douglases in 1455 the lordship of Eskdale was acquired by him. He was a guarantee to a treaty with the English in 1457 and in 1459. On 6 Mar. 1457 he was appointed one of the visitors of hospitals in Galloway. On 10 Feb. 1477 he resigned the baronies of Maxwell, Carlaverock and Mearns in favor of his son John which the King confirmed on 14 Feb.

Ref:

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

m.c.1454 JANET CRICHTON of Caithness, d. of George Crichton, Earl of Caithness and Janet Borthwick
killed 22 July1484

John was appointed steward of Annandale. After 1477 he was referred to as Lord Maxwell. On 12 Dec. 1482 John Maxwell, son and heir or Robert, Lord Maxwell granted lands to endow a chapel in Caerlaverock. Robert, Lord Maxwell and John, Lord Maxwell were metioned by these titles again on 5 June 1483. John was killed by one of his countrymen at the end of the battle of Annandale by a party of English and rebel Scots on 22 July 1484.

See discussion above concerning Mariota's parentage.

Issue- first 10 children by Janet.

Ref:

The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom, Extant, Extinct or Dormant - G.E. Cokayne; with Vicary Gibbs, H.A. Doubleday, Geoffrey H. White, Duncan Warrand and Lord Howard de Walden, editors, new ed., 13 volumes in 14 (1910-1959; reprint in 6 volumes, Gloucester, U.K.: Alan Sutton Publishing, 2000), Vol. III, p. 41, VIII, p. 591

Sir John received the lands and baronies of Nether Pollock in Renfrewshire, Dryps and Calderwood in Lanarkshire. He also received a grant to the lands of Lyoncroce in Renfrewshire from King Robert the Bruce. He was also governor of Dumbarton castle during King Robert's reign. In a donation of Sir Robert Maxwell of Caerlaverock of part of the barony of Mearnis to the monastery of Paisley, Sir John, "dominus de Nether Pollock" his brother german, Robert, bishop of Glasgow are witnesses. The donation has no date, however, as the bishop died in 1316 it must have been prior to that.(1) Sir John died in the beginning of the reign of King David Bruce.

Dumbarton Castle

Issue-

Ref:

(1) Chartulary of Paisley

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
The Baronetage of England or The History of the English Baronets- William Betham, Vol. 5, p.579

During his father's lifetime he was called by the title of Calderwood. Robert had a safe conduct to go to England with six servants in 1363 and died soon afterwards leaving his son John his heir and his daughter Agnes, married to Sir Gilbert Kennedy as seen in a charter of the lands of Cassilis confirmed by a charter King Robert II.

Issue-

Ref:

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
The Baronetage of England or The History of the English Baronets- William Betham, Vol. 5, p.580

m.1. ISABEL LINDSAY, d. of Sir James Lindsay and Egidia Stewart
2. Elizabeth de St. Michel (b.c.1358, d. after 1399)
d. 1405

John received no less than seven charters under the great seal from King Robert "dilecto et fideli suo Johanni de Maxwell, militi, et Isabellae de Lindsay, sponsaie ejus, nepoti suae carissimae, etc" to many lands and baronies from 1371 to 1377 all of which he held of the crown, besides the family estates in Lanark and Renfrew.

The "Scots Peerage" states that Margaret Maxwell of Caerlaverock's parentage is not clear as "neither charter nor dispensation prove her parentage".(1) However, John Montgomery and Margaret needed a despensation. Discussion has occured as to Margaret's relationship with John, but the dispensation states that there was affinity in the 4th degree, meaning the Margaret and John's first wife, Agnes of the Isles, were also related. A papal dispensation was granted 4 May 1413/4:

Muriella, duchess of Albany. On behalf of John Montisgomorri, knight, and Margaret Maxuhel, of the diocese of Glasgow, for a dispensation to intermarry, they being related in the fourth degree of kindred and affinity. Granted for both. Tortosa, 4 Non. May, an. 20. (2)

If we assume that Agnes was the daughter of John of Dunivaig and Margaret the daughter of Sir John de Maxwell of Pollok and Isabel de Lindsay then Agnes and Margaret were related in the fourth degree being gg-granddaughter and g-granddaughter of Walter the Stewart. For all the arguments concerning Margaret's (and Agnes') identity see the wonderful discussion by John Ravilious on the Gen-Medieval listserve at: http://news.rootsweb.com/th/read/GEN-MEDIEVAL/2007-12/1197570509 . Issue- all children by Isabel

Ref:

(1) "Scots Peerage"- Vol. VI, p. 474
(2) Papal Petitions- Vol. I, p. 602; "Scots Peerage"- Vol. VI, p. 474; Reg. Mag. Sig.- 2 Oct. 1427

Burke's Peerage & Baronetage- Charles Mosley, Ed., 106th edition, 1999- p. 1380
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
The Baronetage of England or The History of the English Baronets- William Betham, Vol. 5, p.580-1

b.c.1373
m.c.1402 ELIZABETH DENNISTON (b.c.1387 Denniston, Glasgow), d. of Sir Robert Denniston
d. 1448 Calderwood, Lanarkshire

Sir Robert of Calderwood entailed the family estates in concert with his brother John 18 Dec. 1400.

See discussion above concerning Mariota's parentage.

Issue-

Ref:

Burke's Peerage & Baronetage- Charles Mosley, Ed., 106th edition, 1999- pp. 1036, 1380
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880
Magna Carta Sureties- Frederick Weis, 5th edition, 1999- 41e-12
The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom, Extant, Extinct or Dormant - G.E. Cokayne; with Vicary Gibbs, H.A. Doubleday, Geoffrey H. White, Duncan Warrand and Lord Howard de Walden, editors, new ed., 13 volumes in 14 (1910-1959; reprint in 6 volumes, Gloucester, U.K.: Alan Sutton Publishing, 2000), volume VIII, page 589
The Baronetage of England or The History of the English Baronets- William Betham, Vol. 5, p.580-1