Page:Dictionary of National Biography volume 37.djvu/139

 875). Although Scrope, at Morton's request, at first spared the lands of Maxwell (9 May, ib. entry 907), it was discovered that he was subsequently in communication with Dacres, and his castles as well as those of Lord Herries were accordingly demolished on 22 Aug. (ib. entry 1213). It was rumoured in the spring of 1571 that Maxwell and Herries were marching to the relief of Paisley, then held by the Hamiltons and besieged by the regent (ib. entry 1561), but they did not arrive in time to prevent its capture (Scrope, 22 Feb. ib. entry 1567). On 10 May Maxwell, with a large force, entered Edinburgh in company with Herries (ib. entry 1710), but they both returned home on the 23rd (ib. entry 1721). Shortly afterwards they, however, again entered Edinburgh to attend the parliament of Queen Mary's party on 12 June (, iii. 78, 91).

Maxwell, having come to terms with Morton before the fall of the castle in 1573, was in August 1573 made warden of the west marches, the castle of Lochmaben being also delivered to him on 26 Oct. His claims to the earldom of Morton aroused, however, the jealousy of the regent. Probably this was at least the indirect cause why, after he had, in May 1577, demitted the office of warden (Reg. P. C. Scotl. ii. 613), he was on 13 July committed to ward in the prison of Edinburgh and subsequently sent to Blackness. On the fall of Morton he was on 13 March 1577–8 discharged of his ward (ib. p. 677), and on the 25th he was reappointed warden (ib. pp. 677–678). He was also chosen a member of the new privy council. In January 1578–9 he was succeeded as warden by his kinsman Lord Herries (ib. iii. 76). Subsequently his connection with the Armstrongs and other border raiders brought him under the displeasure of the government. On 13 July 1579 he gave caution to enter into ward in Dundee (ib. p. 195), and on 27 Oct. that he would remain in Blackness (ib. p. 232); but on 11 Dec. was permitted to return home (ib. p. 245). After the imprisonment of Morton in 1581 he was on 29 April reappointed warden (ib. p. 376). On Morton's execution on 5 June he obtained, as representative of his mother, daughter of the third earl, a charter of the earldom of Morton, erected anew in his favour, a grant being also made to him of certain of Morton's forfeited estates, the charter and grant being ratified by parliament on 19 Nov. (Acta Parl. Scot. iii. 262). After the raid of Ruthven and the overthrow of Lennox, he was, on 12 Nov. 1582, denounced rebel and put to the horn for not appearing to give advice in regard to the quieting of the borders (Reg. P. C. Scotl. iii. 528), and on the 19th he was succeeded in the wardenship by Johnstone of Johnstone (ib. p. 531). He arrived in Edinburgh on the 30th to assist Lennox in a project for capturing the city and Holyrood Palace, but the strict watch kept by Colonel Stewart and others foiled their purpose (, iii. 691).

Maxwell soon incurred the displeasure of the king's favourite, the Earl of Arran, on account of a refusal to exchange with him the lands of Pollok and Maxwellhaugh. In January 1585 the attainder of the earldom of Morton was rescinded in favour of Archibald, earl of Angus. His title was thus indirectly menaced. For certain comparatively minor offences he was on 26 Feb. denounced a rebel (Reg. P. C. Scotl. iii. 725), and on 10 April the gift and infeftment to him of the earldom of Morton and its adjuncts was revoked, and declared to have been null from the beginning (ib. p. 734). To revenge himself on Arran, Maxwell therefore entered into communication with the banished lords, and, accompanying them from the borders with a large force, enabled them on 1 Nov. to obtain possession of Stirling Castle and drive Arran from power. After the nobles had entered the town, the border followers of Maxwell took advantage of the opportunity to seize their horses, ‘not respecting friend or foe’ (, iv. 390). This outrage was, however, probably covered by the act passed on 10 Dec. granting entire indemnity to Lord Maxwell and his servants for all their doings within the realm from April 1569. Maxwell was also at the same time chosen a member of the privy council.

Hardly had the act of indemnity been passed when Maxwell again exposed himself to the penalties of the law by causing mass to be celebrated on 24, 25, and 26 Dec. in the college of Lincluden, near Dumfries. On being summoned to answer for his conduct by the privy council, he offered himself for trial, but was committed to the castle of Edinburgh (ib. p. 489). On 22 March he was freed on giving caution in a hundred thousand merks to repair to the burgh of Edinburgh, and keep ward there until freed by the king (Reg. P. C. Scotl. iv. 55), and shortly afterwards, at the command of the king, he left the country (, iv. 489). In April he returned from Spain without the king's license (ib. p. 547), but on the 13th gave caution in 1,000l. to appear before the assembly in May to ‘answer anent religion’ (Reg. P. C. Scotl. iv. 62). On 14 May he again gave caution to remain within the burgh of Edinburgh and four miles round (ib. p. 77). On 4 Oct. he was released from the horn