HERRIES, BARON,
a title in the peerage of Scotland, attainted in 1716, in the person
of William earl of Nithsdale and Lord Herries, but the attainder
reversed as to his descendants by act of parliament in 1848, and the
title restored to William Constable Maxwell of Nithsdale, the direct
descendant, by decision of the house of lords in 1858. The title was
first conferred on Sir Herbert Herries of Terregles in 1489, and was
subsequently held by the Maxwells of Nithsdale, through the marriage
of Lady Agnes Herries, eldest of three daughters of William Lord
Herries, with Sir John Maxwell, 2d son of Robert Lord Maxwell,
before 1st Feb. 1549-50.
The
original bearers of this name and title are said to derive their
descent from a son of the count of Vendome in France, whose arms,
three hedgehogs (in French herissons), were carried by them.
Chalmers (Caledonia, vol. i. p. 135) states that a branch of the
Anglo-Norman family of Heriz, who had their chief residence at
Wyverton (Worton) in Nottinghamshire, came into Scotland during the
reign of David the First (1124-1153). William de Heriz witnessed two
charters by Earl Henry, son of David I., before 1152; one to the
monks of Wederdale, and the other to the abbey and monks of
Holmcolteram [Dugdale’s Mon. Angl., vol i. pp. 399 and 886].
William de Heriz witnessed a charter by William the Lion to the
monks of Melrose in the period from 1175 to 1199; also in the same
reign he witnessed two characters to the monks of Melrose by Walter
the son of Alan the Steward and William the son of John de Rasawe [Liber
de Melros, tom. i. pp. 38, 52, and 123]; also one of Robert de
Brus, the competitor, between 1183 and 1190. Many other persons of
the name existed in Scotland and in England in the 12th
century [Dugdale’s Mon. Chart. Of Melrose, &c.].
Nigel de
Heriz witnessed two charters granted to the monastery of Melrose by
Walter the son of Alan the Steward (dominini regis dapifer), in the
reign of William the Lion. He is also witness to two charters of
lands in the territory of Molle about 1190. He was forester in the
southern districts to Alexander II., who directed a precept to him
and to the sheriffs of Edinburgh and Traquair, to ascertain the
extent and value of the pasture of Lethanhope in Tweeddale. He seems
to have had lands on the Ettrick; for in a charter by Alexander II.
To the monks of Melrose, the lands granted are described as going up
“from the river Etreyich by the rivulet of timeye, as far as the
marches of Nigel de Heriz”.
Henry de
Heris, forestarius regis, is witness to a donation to the monastery
of Newbottle by Alexander II. William and Gilbert, said to be his
sons, are witnesses to a charter to monastery of Newbottle in 1266 [Cart.
Of Newbottle, p. 300].
William de
Harris swore fealty to Edward I. For his lands in Dumfries-shire in
1296 as per Ragman Roll.
Robert de
Herris, in an original charter of Robert the Bruce, is designated
dominus de Nithsdale in 1323.
Sir John
Herice had a charter of the lands of Travereglis (Terregles) from
David II. On the resignation of the same by Thomas earl of Mar in
1359. The name is given as Travereglis in 1215, in an agreement to
which the abbot and convent of Kelso were parties [Reg. Cart. De
Kelso, p. 266]. The word traver appears in early
topography as Traverflat (Trailflat), Travernent (Tranent),
Travequer (Traquair), &c. It is not unlikely a short form of ter,
land, and aber, beyond (the Latin being mixed with and
corrupted by the native tongues), and in the case of Travereglis may
imply the land beyond the church. The word Treabber Eglais is
Gaelic, and implies the same as Kirkton, ans is by some preferred.
Sir John Herice also in 1368, received a grant of the lands of
Kirkgunzane (anciently Kirkwinny), which had belonged to the abbey
of Holmcolteram in Cumberland. He was one of the commissioners to
negotiate affairs of importance with England in 1361 and 1369.
Sir John
Herries of Terregles, his son, witnessed a charter of King Robert
III. In 1393. In 1405 he had a safe conduct to go to England to
negotiate some affairs with that court.
Sir
Herbert Herries of Terregles was one of the barons arrested with
Murdoch, duke of Albany, and afterwards sat as one of his jury. He
accompanied the princess Margaret of Scotland to France in 1436, on
her marriage to the dauphin, and is said to have died in 1440. One
of his brothers, Sir John Herries, who possessed lands in Annandale,
was hanged by the earl of Douglas.
Sir John
Herries of Terregles, his son, succeeded. He had safe conduct going
into England in 1451 – got charters of lands in Kirkcudbright and
Dumfries-shire from 1465 to 1469. He became non compos mentis,
and his son, Sir David Herries, afterwards of Terregles, was
appointed his curator, but becoming unfit for the duty, his son, Sir
Herbert Herries, and John, Lord Carlyle, were, in 1478, appointed in
his place.
Sir David
Herries of Terregles, as son and heir of sir John Herries, his
father, had sasine in the baronies of Terregles, Kirkgunzeon, &c.,
on 7th December 1484.
Sir
Herbert Herries of Terregles, his son, succeeded before 1489, in
which year he was created a lord, and sat in parliament accordingly.
He died before 28th June 1505.
Andrew, the
second Lord Herries, his son, succeeded, and was slain at Flodden,
with four of his brethren, on 9th Sept. 1513. He had a
brother, Roger Herries of Maidenpaup, who survived him, and as
nearest cognate was tutor to his children.
William,
the third Lord Herries, his only son, succeeded when a minor. He
died 26th Sept. 1543, leaving three daughters,
co-heiresses. The eldest, Agnes Lady Herries, married in 1549 Sir
John Maxwell, second son of Robert Lord Maxwell; the second
daughter, Katherine Herries, married Sir Alexander Stewart of
Garlies; the youngest daughter, Janet Herries, married Sir James
Cockburn of Skirling.
Sir John
Maxwell, called of Terregles after his marriage with Lady Agnes,
also the master of Maxwell as heir presumptive of his nephew, John
Lord Maxwell, was, on 20th March 1551, appointed warden
of the west marches, and was one of the commissioners to treat of
peace with the English on 9th Dec. 1552. On 29th
Aug. 1553, he temporarily resigned the wardenship, on the ground
that he was “becum under deidlie feid wt divvis clanis of ye samyn
*west marches), or at the leist ye maaist part of yame, quhairthrow
he was not sa habill to serve as of befoir,” into the hands of his
uncle, James Douglas of Drumlanrig, until matters were put right. In
Feb. 1560 he was one of the ambassadors sent from the lords of the
congregation to arrange a treaty with the duke of Norfolk on the
part of Queen Elizabeth, and on 23d Sept. 1563 he concluded another
treaty with the English. In right of his marriage with Agnes Lady
Herries, he became possessed of one-third of the baronies of
Terregles and Kirkgunzeon, and subsequently acquired the two-thirds
which had belonged to her sisters. On 8th May 1566, King
Henry and Queen Mary granted a charter to Sir John Maxwell of
Terregles, and Agnes Herries his wife, and their heirs male, whom
failing, to the heirs male of the said Sir John Maxwell. This
charter was ratified in parliament on 19th April 1567,
when as a favour the holding of the lands was changed from ward and
relief to blench. Previous to this, and at least as early as 12th
March 1566-7, he had taken the title of Lord Herries. Sir James
Balfour, Lord Lyon, writing however long after the time, states that
he was created Lord Herries at the baptism of Prince James, on 17th
Dec. 1566. It was inferred from this statement, and other
circumstances, that a new peerage was created in the person of Sir
John Maxwell, and limited to heirs male. This, however, after a
lengthened investigation, the house of lords found not to have been
the case (23d June 1858). They found the original peerage created in
the person of Sir Herbert Herries in 1489 was to heirs general, and
that Agnes Lady Herries, the eldest daughter of William Lord
Herries, was a peeress in her own right. She was found to have been
often called by herself and others Agnes Lady Herries. There is no
instance of her being called Lady Terregles from her husband’s
title, although her sisters are found to have been called Lady
Garlies and Lady Skirling. Archibald Herries of Maidenpaup, the heir
male, the son of Roger Herries before-mentioned, and grandson of
Herbert the first Lord Herries, claimed no right to the title, nor
did any of his descendants, although they possessed the paternal
property down to 1629; and the Lords Herries, descended from Agnes,
Lady Herries, sat in parliament ranking from the original creation
of Herbert Lord Herries in 1489, claiming that place, which was
awarded to them under the decreet of ranking of 1606, and shown to
have retained by a testificate from the clerk-register in the
parliament of Jan. 1661. John Maxwell, Lord Herries, had therefore
been as a favour called to the dignity of Lord Herries in right of
his wife, a custom not uncommon at the time; and as representing his
wife, was the fourth Lord Herries.
After her
marriage with Darnley, Queen Mary was led to suppose that Sir John
Maxwell, then warden of the west marches, but not yet styled Lord
Herries, had joined the earl of Moray and the other lords against
her. When, however, she came to Dumfries, causing them to fly before
her, she was met by sir John Maxwell, who made his submission, and
convinced her of his fidelity; and there is no reason to think she
ever afterwards distrusted him. In order publicly to proclaim her
confidence, Queen Mary and her husband, on 1st Jan.
1565-6, after an examination by the lords of the secret council into
all that was alleged against him, granted hm a full pardon and
exoneration, declaring that they understood the charges against him,
“to be perfectly untrue and grounded upon particular malice,” and as
to some of the charges, “they under stood right perfectly the plain
contrary; he has been and is our true servant and our good
justiciar, and in execution of our service has taken great travails
and pains, bearing a weighty charge in the common service of this
our realm many years bypast, and execute the laws upon the many and
notable offenders, defending our good subjects from such enormities
and oppressions as is laid to his charge, nor has received no
augmentation of any reversion as is unjustly alleged, nor no gold
from England, neither has nor will discover our secrets to them nor
others to the hurt of us his sovereign, this our realm nor subjects”
[Eviden Herries Peerage, p. 215].
Lord
Herries is said to have strongly dissuaded Queen Mary from marrying
Bothwell. This however is scarcely reconcilable with the facts that
he was on the assize which acquitted Bothwell, that he subscribed
the paper recommending him to Mary for a husband, and was one of the
witnesses to the marriage contract subscribed by them on 14th
May 1567, the day before the marriage took place.
At the
battle of Langside, 13th May 1568, Lord Herries and his
followers were on the side of Queen Mary, and with their assistance
she escaped, and came by Sanquhar to Terregles, whence she went to
the abbey of Dundrennan, and embarked for England on 16th
May 1568. Previous to her embarkation Lord Herries earnestly
implored her not to confide in Elizabeth’s generosity. Lord Herries
was forfeited in the Estates of Scotland, 19th August
1568, but sentence was deferred. In the following month he was one
of the commissioners on the part of the unfortunate Mary, to go to
England, when he discharged his duty with zeal and ability. A speech
which he made on her behalf before the English commissioners at York
on the 1st December will be found printed in Sadler’s
State Papers.
In
February 1569, the earl of Arran, duke of Chatelherault, who claimed
the regency as his right by blood, arrived in Scotland from France,
accompanied by Lord Herries and the abbot of Kilwinning, and in
virtue of a commission from Queen Mary, constitution him
lieutenant-general of the kingdom, began to assemble an army in
opposition to the regent Moray. A meeting took place at Glasgow
between the duke and the regent, when the former agreed to resign
his pretensions as lieutenant-general for the queen, and acknowledge
King James’ authority, the regent, on his part, binding himself to
get the forfeiture taken off all those who had supported the queen’s
interest, their estates to be restored, and to call a convention, to
be held at Edinburgh on the 10th April, to settle all
differences. For the faithful performance of this treaty, hostages
were given, and, in the meantime, the duke, the earl of Cassillis,
and Lord Herries, set out for Stirling, on a visit to the young
king, and were splendidly entertained by the regent and his friends.
On going to Edinburgh, to attend the convention in April, he ordered
Lord Herries and the duke of Chatelherault to be arrested, and
committed them prisoners to the castle of Edinburgh; but on the
assassination of the regent soon after, Kirkcaldy of Grange, the
governor of the castle, considering himself no longer justified in
detaining them, set them at liberty. On their release, Lord Herries
and the duke had a meeting with the other chiefs of the queen’s
party at Niddry-Seton, the result of which was, that they all
assembled, with their friends and followers, at Linlithgow, about
the middle of April, and marched to Edinburgh, the governor of the
castle espousing their cause. But the advance of an English army
from the borders having alarmed the inhabitants of the capital, the
duke and his friends retired, first to Linlithgow and afterwards to
Glasgow, where they dispersed different ways.
In 1571
Lord Herries was again actively engaged in the queen’s service,
being one of those who attended the parliament held in her name by
the lords in her interest, on 12th June of that year, but
seeing no prospect of an agreement betwixt the opposing parties, he
laboured earnestly at Edinburgh with the regent Mar, Randolph and
English ambassador, Sir William Drury, the marshal of Berwick, and
others, bo bring about a pacification, which was at last effected in
February 1572.
On the 15th
of March 1578, having now entered into the service and confidence of
the king, Lord Herries was sent with Lord Glammis, the chancellor,
to the earl of Morton, by King James, then in his twelfth year, to
require his resignation of the regency, with the castle of
Edinburgh, the palace of Holyroodhouse, and the coin house and
jewels therein. Two days thereafter, Lord Glammis was slain at
Stirling, and Lord Herries was one of the new members of the council
chosen consequent on that event. Soon after he was one of the
commissioners from the council to the General Assembly. After the
raid of Ruthven in 1582, he was one of the lords, favouring the duke
of Lennox (against whom and Arran, it was directed), who repaired to
that nobleman at Edinburgh, and with the lairds of Kilsyth and
Corstorphine, he was sent by him to the king, but all private
conference was denied to them. They, however, returned with answer
from the king that the duke must depart out of Scotland within
fourteen days. Upon the Lord’s day, the 20th January
1582, according to a notice in Calderwood’s History, the Lord
Herries died suddenly, in time of the afternoon’s preaching, going
to an upper chamber in William Fowler’s lodging, “to see the boys
bicker.” He said before dinner, he durst not trust himself to go to
the afternoon’s preaching, because he found himself weak. Leaning to
a wall, he fell down by little and little, saying to the woman that
followed, “Hold me, for I am not weale.” He had five sons: William
Lord Herries, his successor; Sir Robert Maxwell of Spottes; Edward
Maxwell, commendator of Dundrennan and laird of Lamington; James
Maxwell and John Maxwell of Newlaw (the last was probably
illegitimate); and seven daughters.
The elder
son, William, fifth Lord Herries, and second of the Maxwell name, by
favour of the crown, succeeded to the title of Lord Herries
immediately on the death of his father. On 26th January
1582, William Lord Herries was made a privy councillor in place of
his father. In 1587, he was one of the noblemen complained of in
parliament by the commissioners of the General Assembly for
maintaining papists and idolaters. On the 6th February
1588 a proclamation was made at the market cross of Edinburgh to the
effect that Lord Herries, warden of the west marches, had not only
been negligent in discharging the duties of that office, but had
also erected mass, taken up the houses of sundry of the king’s
councillors, and driven the ministers from Dumfries; he had been
charged to answer to these offences, but had disobeyed. The lieges
were therefore commanded to repair to Edinburgh on the 5th
of March, to accompany his majesty in person to the west borders. On
the 16th February the Lords Hamilton, Herries, Huntley,
and other nobles of that party, assembled with their forces at
Linlithgow, but that same night first Huntley, and then Lord
Herries, came to Holyroodhouse and had a conference with the king.
In the following year, when James departed for Norway, and governors
were appointed to rule the kingdom in his absence, Hamilton was
named for the west, to remain at Dumfries, and to take the advice of
Herries and other lords of that district. In the end of October
1595, he and several of the surname of Maxwell, and their retainers,
to the number of about 400 men, came out of dumfries to seek some of
the Johnstones, with whom they were at deadly feud., at Lockerbie.
In the conflict that ensued about twenty of the Maxwells were slain,
the laird of Newark deadly hurt, and several other gentlemen
wounded, besides many taken prisoners by the Johnstones. On 26th
Nov. 1601, William Lord Herries, John, master of Herries, and
others, were denounced for contravening the acts of parliament
“against saying and hearing mass and entertaining priests,” and
appeared before the privy council on 24th December
following. In 1602, among the ministers appointed by the General
Assembly to wait upon the Popish lords, we find “for the Lord
Herries, Mr. Robert Wallace,” and in 1606, among the noblemen
suspected of popery ordained by the assembly to be confined in
certain towns, the earl of Home and Lord Herries are mentioned for
Edinburgh. He died in 1603. He had five sons and four daughters.
The eldest
son, John, sixth Lord Herries, died in 1631. By his wife, Elizabeth,
eldest daughter of John, 7th Lord Maxwell, he had eight
sons, John, seventh Lord Herries, James Maxwell of Brakenside,
William, Alexander, Robert, Frederick, Edward, and Michael, and a
daughter.
John,
seventh Lord Herries, joined the marquis of Montrose when he took up
arms for Charles the First, for which he was excommunicated by the
General Assembly, 26th April 1644. He was one of those
proposed to be excepted from pardon by the articles of Westminster
in July 1646, which Charles refused to ratify. In 1667 he succeeded
to the titles of earl of Nithsdale and Lord Maxwell (See NITHSDALE,
earl of). Died in 1677. He had Robert, his successor, and John and
William.
Robert, 4th
earl of Nithsdale, and 8th Lord Herries, died in 1696. He
had an only son, William, his successor, and a daughter, Mary,
married to Charles, earl of Traquair.
William,
fifth earl of Nithsdale, and ninth Lord Herries, took part in the
insurrection of 1715. Tried by the house of peers on 19th
January 1716, and found guilty of high treason, he had sentence of
death pronounced against him, but escaped from the Tower by the
contrivance of his countess, and died 20th March 1744.
His only son, William Maxwell of Nithsdale, usually called earl of
Nithsdale, succeeded on his father’s decease to the fee of the
estates of Nithsdale and Terregles, which had been disponed to him
in 1712. He married Catherine, daughter of Charles, earl of Traquair,
and died in Aug. 1776. He had only two daughters; 1. Mary, who died
in infancy, and 2. Winifred Maxwell, who succeeded.
Lady
Winifred Maxwell, as she was always called, married William
Haggerton Constable of Everingham, Yorkshire, 2d son of Sir Carnaby
Haggerston, of Haggerston, Northumberland, and had Marmaduke
constable Maxwell, two other sons, and two daughters. She died July
1801.
Marmaduke
Constable Maxwell of Nithsdale and Everingham married Teresa
Apolonia Wakeman of Beckford, Gloucestershire, and had; 1. William
Constable Maxwell; 2. Marmaduke C. Maxwell; 3. Peter C. Maxwell; 4.
Henry C. Maxwell; 5. Joseph C. Maxwell; and two daughters. On 16th
May 1844, he executed a deed of entail by which he disponed the
Nithsdale estates, or those which had belonged to the family of
Maxwell, to his eldest son, William Constable Maxwell, now Lord
Herries, and the Terregles estate, which had belonged to the Herries
family, to his second son, now the Hon. Marmaduke Constable Maxwell.
He died in 1819.
William
Constable Maxwell, now Lord Herries, succeeded to the estates of
Nithsdale and Everingham on his father’s death in 1819. He
petitioned for a reversal of the attainder, and the title of Lord
Herries, as the lineal descendant and heir of Herbert, first Lord
Herries. An act of parliament being passed in 1848, reversing the
attainder as regards the descendants of William, earl of Nithsdale,
forfeited in 1716, he claimed the title of Lord Herries, which was
decided in his favour, June 23, 1858, by the house of lords, William
Maxwell of Carruchan, the heir male, having opposed. He may,
therefore, but for the attainder, be considered the 13th
Lord Herries. He married Marcia, daughter of Hon. Sir Edward M.
Vavasour, Bart., of Hazlewood, Yorkshire, with issue; Hon. Marmaduke,
master of Herries, 6 other sons, and 8 daughters.
