Page:Dictionary of National Biography volume 37.djvu/136

Maxwell the Master of Maxwell. While his father and brother were prisoners in England in 1545, he with great valour held the castle of Lochmaben, and refused to deliver it up. In 1547 he married Agnes Herries, eldest daughter and coheiress with her two sisters of William, third lord Herries. To win her hand he had to enter into complicated intrigues against her guardian, the Earl of Arran, who designed to marry her to his son, Lord John Hamilton. Although related to her within the prohibited degrees, he neglected to obtain a papal dispensation for the marriage, but on 26 May 1555 an absolution and grace of dispensation was granted him.

On 20 March 1551-2 the Master of Maxwell was appointed to succeed his brother Robert, sixth lord Maxwell, as warden of the west marches (Reg. P. C. Scotl. i. 121); but on 29 Aug. 1553 resigned the office on the ground that he had come under deadly feud Avith various clans of the marches (ib. p. 143). It was therefore transferred to his uncle, James Douglas of Drumlanrig. In 1559 the master was committed by the queen regent to the castle of Edinburgh for declaring that he would to the uttermost of his power 'assist the preachers and the congregation' (, i. 319), but on 1 Aug. he made his escape (Cal. State Papers, For. Ser. 1558-9, entry 1107). On the 15th Knox advised Cecil to comfort him with 'favourable writings,' as his assistance would be invaluable to their cause (Works, vi. 69). From this time Maxwell gave strenuous support to the reformed party. He was one of the commission who signed the treaty with Elizabeth at Berwick, 7 Feb. 1559-60; he signed the band of 20 April following to defend the liberty of the Evangel, and for the expulsion of the French from Scotland (ib. ii. 63); and on 27 Jan. 1560-1 he subscribed the Book of Discipline (ib. p. 129).

After the return of Queen Mary to Scotland, Maxwell on 4 Sept. 1561 was reappointed warden of the west marches (Reg. P. C. Scotl. i. 157). Henceforth his attitude towards the reformed party was uncertain; for while he continued nominally a protestant, his political sympathies, like those of Secretary Maitland, were with the queen. He had been on terms of special friendship with Knox, who never lost respect for him, and refers to him as 'a man stout and wittie' (Works, i. 459), and as of 'great judgment and experience' (ib. ii. 351); but on account of a letter written by Knox in October 1563 in reference to the mass, the master gave Knox 'a discharge of the familiarity which before was great betwixt them' (ib. p. 399). Still the master did not break with Moray even when he rose in rebellion at the time of the Darnley marriage in 1565, and endeavoured to prevent the queen going to extremities against him. When Moray retreated westwards from Edinburgh, the master had an interview with him at Hamilton, after which he endeavoured without success to mediate an arrangement with the queen. On Moray passing southwards into Dumfries he entertained him in his house (ib. p. 512); but when the queen xpressed her determination to revenge herself on Moray, he declined to arrest him and advised him to pass into England. The queen on Moray's retirement committed to the master the charge of guarding the borders, and returned to Edinburgh (, Memoirs, p. 72). On 1 Jan. 1565-6 an act was also passed absolving him from all charges of treason that had been made against him (Reg. P. C. Scotl. i. 415). On the queen's escape from Holyrood, after the murder of Rizzio, the master joined her with a strong force at Dunbar, and henceforth may be reckoned one of her staunchest supporters. At the end of 1566 he became Lord Herries. Sir James Balfour states that he was created Lord Herries at the baptism of Prince James, 17 Dec.; but according to a decision of the House of Lords, 23 June 1858, no new peerage was created in his person, and he was merely called to the peerage in right of his wife. He also acquired from his wife's sisters their share in their father's estates, and on 8 May 1566 a charter of Terregles was granted to him and his wife and their heirs, and failing these to his heirs male. The charter was confirmed by parliament on 19 April 1567.

Herries was one of the assize who acquitted Bothwell of the murder of Darnley, and excused himself for doing so merely on the ground that in the indictment the murder was stated wrongly to have been done on the 9th instead of on the morning of the 10th Feb. (, Memoirs, p. 87). He was, however, rather an enemy than a friend of Bothwell; and Sir James Melville states that when rumours reached Herries of the queen's intention to marry Bothwell, he besought her on his knees to eschew 'sic utter wrak and inconvenientis as that wuld bring on' (Memoirs, p. 175). Still he remained faithful to the queen when the marriage resulted in disaster to her. Although not present at Carberry, he subscribed the band at Dumbarton on her behalf; and such was the faith in his honesty and ability that the queen's lords entrusted to him the management of her cause, and advised Throckmorton that communications from Elizabeth in reference to means of aiding her should be sent to