I have transcribed the following item from
the papers of the Maxwell family of Munshes etc held within the Ewart Library,
Dumfries. The original is in manuscript form, without date or detail of
author. It appears to have been written in the youth of Wellwood Maxwell
of Munshes, somewhere around 1850.
Tree of the family of Maxwell of Breckonside, afterwards
of Terraughtie, now of Munshes.
James Maxwell of Breckonside was second son of John Lord Herries by
Elizabeth, daughter of John, sixth Lord Maxwell, Earl of Morton. � He married
Margaret Vance, daughter of Vance of Barnbarroch and relict of Sir John Gordon
of Lochinvar. � It is said that Margaret Vance had by her said husbands
twenty-nine children.
James Maxwell acquired right to the lands of Breckenside by disposition from
Edward Maxwell of Hills, and John Maxwell apparent of Hills, his eldest lawful
son. Dated at Cargenbridge 23rd May 1634, and in his disposition
James Maxwell is styled �Brother german to John Lord Herries� � The lands
of Breckonside were held of the Herries family and by Charter from the said John
Lord Herries with consent of Elizabeth Gordon, Lady Herries, his spouse dated at
Terregles 9th of June 1639 he grants to �meo fratri germani Jacobo
Maxwell suo filio ligitimo natu maximo et heredi apparenti heredibus suis et
assignateis quibuscunque.� The six Merkland Breckonside and half merkland of
Lochend of old extent lying contiguous in the Barony of Kirkgunzeon &
Regality of Terregles and by said charter the liferenter of Meikle Breckonside
and Whiteside, which are proper parts and pertinents of the above mentioned
lands are granted to Margaret Vance, spouse of the said James Maxwell of
Breckonside. � On this charter infestment followed 7th July 1651.
�
Besides these deeds, which prove that James Maxwell of Breckonside was
Brother to John Lord Herries, it may be mentioned that there are various other
old deeds extant in which he is designed �Brother german to John Lord
Herries�
The first of the family of Herries came into Scotland, it is said (Chalmer�s
Caledonia, Vol.1 p535) in the reign of King David the 1st, - and
settled in Nithsdale under David the 2nd. They obtained the Barony of
Terregles and lands of Kirkgunzeon and in 1493 Sir Herbert Herries obtained the
title of Lord Herries of Terregles. William, the third Lord Herries, died in
1543 without issue male, - he left three daughters who succeeded to his Estates
as Co-Heiresses. The eldest daughter Agnes Herries married Sir John Maxwell of
Caerlaverock, who in right of his wife inherited one third of the Herries
Estates. He also acquired right by purchase to the two thirds which had
descended to his wife�s sisters, and on 8th May 1566, he obtained a
Charter of the whole to himself and Agnes Herries, his wife, and the heirs male
of their bodies, which failing, to his nearest and lawful heirs male whatsoever.
Sir John Maxwell sat as Lord Herries in the Parliament of 13th
April 1567, but it does not clearly appear under what title he took his seat
there, whether in right of his wife, or on a new creation in his own person �
and if the latter, whether the creation was, like the Charter of the Estate,
limited to heirs male. It is said that no patent of a new creation is
forthcoming, but in these remote times patents were not all times considered
necessary. In these circumstances it seems doubtful whether the title of Lord
Herries, which subsisted in the person of Sir John Maxwell, was limited to males
or embraced females also. On the one hand it might be contended that the title
includes females, and existed in the person of Agnes Herries, the eldest
Co-Heiress and that this proved from the circumstance of Herries of Maidenpap,
the undoubted heir male, never having laid claim to it
On the other hand, it might be argued that it does not appear that Agnes
Herries ever assumed the title, until her husband took his seat as a Peer of
Parliament, and the fait of the whole estates being taken descendible to Heirs
male, shows that the creation must have been a new one, and limited to Heirs
male also. � This Sir John Maxwell, afterwards Lord Herries, was great
grandfather of James Maxwell of Breckonside.
The family of Maxwell was first settled on the Tweed in Roxburgh-shire
(Douglas� peerage, Vol II., p312). About the year 1220 Sir John Maxwell
acquired the Barony of Carlaverock in Dumfriesshire, about the year 1449 they
became Lords Maxwell of Carlaverock, and by letters patent dated 20th
August 1620 they were created Earl of Nithsdale with limitation to their heirs
male, and on the failure of the male descendents of the body of Robert, the 4th
Lord Maxwell, the elder brother of the above Sir John Maxwell � John, the 4th
Lord Herries (Sir John�s great grandson and brother to Breckonside) succeeded
to the Estates and Earldom of Nithsdale in 1667.
James Maxwell of Breckonside had by his wife Margaret Vance his eldest son
John Maxwell, who succeeded him, and a second son Alexander Maxwell. The eldest
son John Maxwell of Breckonside, possessed there lands under the Charter of John
Lord Herries, his uncle in 1639. He appears to have sold these parts of the
lands of Breckonside, called Whiteside, about the year 1699, to John Wilson,
miller at Dalbeattie. John Maxwell was Brother uterine to the two first Lords
Kenmore, who were sons of Robert Gordon of Lochinvar. He was never married and
died at Buittle in the beginning of the year 1719. He was first buried in the
Kirk of Buittle, raised by the Whigs of Urr, and they carried the corpse to a
knoll in a scrape within lands of Meikle Knox where they set the coffin on one
end and let it fall to the ground with all its weight. From that place he was
carried by his friends to the Church at Terregles and buried there.
His brother Alexander married firstly Margaret Maxwell, the youngest
daughter and Co-Heiress of Alexander Maxwell of Conheath, and secondly Janet
Irving, daughter of John Irving, sometime Provost of Dumfries.
Alexander Maxwell of Conheath was at his death proprietor of the estate of
Conheath in Carlaverock Parish, the lands of Terraughtie and Cargenbridge Croft
in Troqueer Parish, Ladylands and Ardries in the Parish of Kirkbean, Kirklands
in the parish of Urr, and the Superiority of the lands of Moat in the Parish of
Dumfries. He left two daughters � his eldest daughter Elizabeth married
Gilbert Murray, portioner of Urr, and subsequent to Conheath�s death his
estates seem to have been possessed jointly by his two sons-in-law, viz. Gilbert
Murray and Alexander Maxwell, Breckonside�s brother, who married, as
abovementioned , the youngest daughter. This Alexander Maxwell was sometimes
called Alexander Maxwell of Conheath, and sometimes Maxwell of Park, he having
also possessed the lands of Park of Dalbeattie under a redeemable right. By an
agreement in 1697, between the parties James Murray, second son of Gilbert, got
Conheath Lady lands and Cargenbridge Croft and Alexander Maxwell got
Terraughtie, Ardries, Kirklands and Moat, and subsequent to this agreement and
division Alexander Maxwell was generally styles of Terraughtie.
By his first marriage with Margaret Maxwell, Conheath�s daughter, he had:
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John Maxwell, his successor
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George, a joiner in London, who died there in 1748 without issue
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Catherine, who married Robert Neilson of Barncalzie. She died at
Edinburgh 18 Nov. 1758
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)
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) James and 3 other sons who all died in infancy
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)
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)
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Elizabeth, who also died young.
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By his second marriage, with Janet Irving, which took place at Leith 28th
June 1688, he had
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William, (born at Dalbeattie Saturday 28 Sept 1689, and was christened
by Mr James Adamson, minister of Kelton) who afterwards became William
Maxwell of Carruchan.
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James, second son, was born at Dalbeattie, Thursday 13 March 1691,
christened by Mr James Walker, minister at Buittle � he died 21 Sept 1691.
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Lucy, born at Conheath Sunday 29 May 1693 and christened by the said Mr
Walker. She died at Dumfries 14th Feb 1764.
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Margaret, born at Conheath Thursday 31 May 1694, christened by Mr Walker
� she died March 1699.
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Rachael, born at Conheath, Saturday 1st Oct. 1695, and
christened by Mr Guthrie, minister at Keir. She died at Dumfries, unmarried.
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Alexander, an upholsterer in London, was born at Conheath Tuesday 3rd
October 1696 and christened by Mr Rob Paton, Minister at Carlaverock. He
died in London.
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Mary, born at Conheath Thursday 13 October 1697, christened by Mr
W-------, she died 8 January 1707
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Harbert, was born at Cora in Kirkgunzeon Tuesday 8 November 1698 and was
christened by Mr Francis Murray.
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Charles, also an upholsterer in London, was born at Terraughtie Monday
28th July 1700 and was christened by Mr Murray. He married a Miss
McBriar, by whom he had two sons, Charles and Robert, and a daughter
Margaret. He died at London 22 April 1758.
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Winifred, their fifth daughter, was born at Terraughtie 5th
May 1702 and was christened by Mr -----. She died at Dumfries Sunday 5th
August 1787, unmarried.
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Alexander Maxwell died suddenly at Carnsalloch on 10th October
1701, and was buried within the middle of the Kirk of Kirkmahoe. Janet Irving,
his wife, died at Terraughrie 10 Sept. 1736. He was succeeded by his eldest son
of the first marriage, who also on the death of his uncle in 1719 as before
detailed, succeeded to the lands of Breckonside.
John Maxwell of Breckonside and Terraughtie possessed Breckonside under a
disposition from his uncle dated 29 January 1715 � he also possessed
Terraughtie and the other estates which belonged to his father in terms of
settlements dated (No entry made
here)
He married first his cousin Miss Elizabeth Murray, and secondly in April
1719 Elizabeth Maxwell, eldest daughter of James Maxwell of Arkland.
By his first marriage with Miss Murray he had William Maxwell, his
successor, and by his second marriage with Arkland�s daughter, he had:
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John, born 7 Feb 1720, who afterwards came to be Maxwell of Terraughtie
and Munches.
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Elizabeth, married to the Reverend Robert McMorine, minister of
Kirkpatrick Durham � she died about 1800 leaving issue.
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Margaret, who died without issue, unmarried, 11th April 1742.
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John Maxwell of Breckonside and Terraughtie died at Buittle 12th
May 1724 and was buried in the middle of the Lair at the east end of Buittle
Church. His second wife died in 1766 and was buried in her father�s grave at
Kirkpatrick Durham. He was succeeded by his son of the first marriage, the said
William Maxwell of Breckonside and Terraughtie, who was served heir to his
father 3rd June 1732. He married Janet McCartney by whom he had one
daughter Helen Maxwell who married (blank), Burgess (�of Little Kirkland of
Urr� entered and scored out) and left issue. William Maxwell�s affairs
having become embarrassed he, in 1736, sold the lands of Breckonside to William
Vietch, Writer to the Signet, and about the same period the lands of Terraughtie
were adjudged from him and subsequently became the property of John McGeorge of
Meikle Cocklick. He died in March 1756 and as he left no issue male, the male
representation of the family devolved on his half brother the said John Maxwell
of Terraughtie, afterwards of Munshes.
By contract of marriage between his father and mother dated 21 April 1719 he
as heir of the marriage was entitled to 8000 merks subject to his mother�s
liferent, but owing to the confusion into which his brother�s affairs got,
this sum could not be recovered and he was ultimately obliged to accept of 5000
merks in full, upon the interest of which sum, small though it was, his mother
had the merit of bringing up her family respectably and giving them a good
education. On her husband�s death she left the house of Buittle where she then
resided and went to live in the Village of Kirkpatrick Durham, her son John,
although this much reduced in circumstances in early life, lived to possess
properties of considerable value and died in the year 1814 in possession of
landed estates rented at upwards of �5000 per annum.
He was appointed to a respectable cabinet maker and joiner in Dumfries and
for many years afterwards carried on that business successfully on is own
account. About the year ---- (1746 entered and scored through) he was appointed
chamberlain to the Duke of Queensberry, and for fifteen years had the sole
management of his extensive estates in Dumfriesshire, during which period he
resided at Drumlanrig. He was very generally consulted by the gentlemen of the
neighbourhood respecting the value and management of their estates; it was on
his opinion and by his advice that Mr Oswald of Auchencruive purchased his
extensive estates in the Stewartry of Kirkcudbright, which as well as his
estates in Ayrshire were for many years under the management of Mr Maxwell. The
whole of the estates belonging to the Nithsdale family were also, for a large
period, managed under his direction and there were few estates of any
consequence in the neighbourhood of Dumfries in the subdivision and improvement
of which that he was not consulted. He took an active part in the public affairs
of the County, and was one of the principal promoters of the new bridge over the
Nith at Dumfries. He devoted much of his time in superintending the work and
taking care that the contractors fairly implemented his contract.
Mr Maxwell married first Agnes Hannay, eldest daughter of Mr William Hannay,
Dumfries, by whom he had:
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Elizabeth, who married John Harley, surgeon in Dumfries, and left issue.
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Alexander, his successor.
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William, who married Miss Janet Syme, daughter of John Syme, writer to
the Signet, and left issue.
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John, who died young.
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Agnes, who married the Reverend John Robertson, Minister at Kirkconnell,
and had issue.
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Jean, who married William Hyslop of Lochend, and left issue.
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Helen, who died in infancy
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Catherine, who married Wellwood Maxwell of Barncleugh, and had issue.
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Margaret, unmarried.
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Mr Maxwell married secondly, in 1770, Agnes Maxwell, eldest daughter of
William Maxwell of Munshes, but of this marriage there was no issue.
Mr Maxwell from his own industry, and from a succession which opened to him
in 1745 on the death of Mr Alexander Mein, uncle to his first wife, was enabled
to purchase the lands of Portrack and subsequentry, in 1754, he purchased from
John McGeorge of Meikle Cocklick, the estate of Terraughtie. He afterwards
acquired several other properties , and as a proof of the rise in the value of
land it may be mentioned that Terrauchtie, which cost him �886 sterling was at
his death considered worth �500 a year, and the small farm of Halmyre for which
he paid �80 was, when he purchased it, let for �3.6s.8d , he lived to let it
on lease at �80 per annum and it was sold soon after his death, by his
trustees, for �2000.
On the death of George Maxwell of Munshes in 1793, the succession to the
Estates of Munches and Dinwiddie opened to his sister Mrs Maxwell of Terraughtie
and on her death, in 1809, her husband in terms of her settlement became
proprietor of the estates.
In consequence of the failure of the heirs male of the body of John Lord
Herries, afterwards Earl of Nithsdale / Brother to James Maxwell of Breckonside
/ by the death of William Maxwell of Nithsdale his great grandson in 1776, the
male representation of that ancient and noble family devolved on Mr Maxwell of
Terraughtie.
The following Title of honour stood in the person of the said John Lord
Herries at his death, viz.
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The title of Knight Baronet
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Lord Maxwell of Carlaverock
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Lord Herries of Terregles
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Earl of Nithsdale
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And had these not been forfeited on the attainder of William, Earl of
Nithsdale for having engaged in the rebellion of 1715, those descendible to his
male heirs might have been assumed by Mr Maxwell.
In order to keep up his connection with these titles, Mr Maxwell considered
it proper to have his character of male heir established by the verdict of a
jury, he was accordingly served nearest and lawful heir male to Robert, Earl of
Nithsdale, the nephew of James Maxwell of Breckonside, and father to the
forfeited Earl, conform to retour of his service expede before the Sheriff of
Dumfriesshire on 4 June 1778.
Mr Maxwell entailed, on his descendents, his estates of Munshes, Dinwiddie
and Terraughtie. He died at Munshes in the month of January 1814 and was
succeeded by his eldest son, who in terms of his father�s settlements, took
the name Herries in addition to that of Maxwell and was thereafter styled
Alexander Herries Maxwell of Munshes.
He married first, Charlotte, daughter of James Douglas, Physician in
Carlisle, and secondly, in 1783, Marian, eldest daughter of William Gordon of
Greenlaw, relict of William Kirkpatrick of Raeberrie. By the first marriage he
had only one daughter, Charlotte, who died young without issue, and there was no
issue by the second marriage.
He died at Terraughtie in 1815, his brother William pre-deceased him (on 25
Feb 1789, aged 43. Janet Syme died 5 May 1810, aged 53) but left by his marriage
with Miss Syme three sons and two daughters, viz.
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John, a Lieutenant in the Army, died in the East Indies without issue.
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Clementine � who succeeded he uncle.
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Agnes.
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George, in the service of the Honourable The East India Company, died in
India.
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Alexander, a midshipman in the Royal Navy, died on board the Ballerophan.
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Alexander Herries Maxwell, having died without issue, and the sons of his
brother William, having all predeceased him, he was succeeded by his niece
Clementina Herries Maxwell of Munshes, who had married John Maxwell, eldest son
of Wellwood Maxwell of Barncleugh, he cousin, and has issue viz.
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John, who died in infancy
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Janet.
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Wellwood �
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The male descendants of John Maxwell of Breckonside and Terraughtie having
become extinct on the death of Alexander Herries Maxwell of Munshes in 1815, the
male representation of the Nithsdale family then devolved upon George Maxwell of
Carruchan, the son of William Maxwell of Carruchan, the eldest son of Alexander
Maxwell of Terraughtie by his second wife Janet Irving. George Maxwell of
Carruchan died in 1822 and was succeeded by his grandson, the present George
Walter Maxwell Esq. Of Carruchan.
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