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John Burke.

A genealogical and heraldic history of the commoners of Great Britain and Ireland, enjoying territorial possessions or high official rank; but univested with heritable honours (Volume 1) online

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is thus rendered by Grose :

" Karlaverok was a castle so strong that
it did not fear a siege, therefore on the
king's arrival it refused to surrender ; it
being well furnished against sudden at-
tempts, with soldiers, engines, and provi-
sions. Its figure was that of a shield (the
ancient shield was triangular), for it had
only three sides, with a tower on each an-
gle, one of them a lumellated or double one,
so high, so long, and so spacious, that under
it was the gate, with a turning or draw-
bridge, well made and strong, with a suffi-
ciency of other defences. There were also
good walls, and deep moats filled to the
brim with water. And it is my opinion, no
one will ever see a castle more beautifully
situated, for at one view one might behold
towards the west the Irish sea, towards the
north a delightful country encompassed by
an arm of the sea, so that no creature born
could approach it on two sides, without put-
ting himself in danger from the sea; nor



326



CONSTABLE-MAXWELL, OF EVERINGHAM.



was it an easv matter towards the south, it
being, as by the sea on the other side, there
encircled by the river, woods, bogs, and
trenches ; wherefore the army was obliged
to attack it on the east, where there was a
mount."

The castle after sustaining an assauit, at
length surrendered, when the remnant of
the garrison, only sixty in number, were in
consequence of their brave defence, taken
into the service of the king, and with their
release, ransom free, obtained each a new
garment.

Some time subsequently, it was retaken
by the Scotch, and Sir Eustace Maxwell, the
steady friend of King Robert Bruce, as-
sumed the command. It was again invested
by " Proud Edward," but the gallant go-
vernor, after sustaining his post with heroic
resolution for some weeks, had the glory
of driving the foreigner at length from his
walls. Lest, however, it should afterwards
fall into the hands of the foe, he caused it
immediately to be dismantled and rased
to the ground. For which generous devo-
tion to his country's cause, " The Bruce"
conferred upon him several territorial
grants, pro fractione et prostratione Castri
de Carlaverok, &c. The king also remitted
him and his heirs for ever, the sum of ten
pounds sterling, which was payable to the
crown yearly out of the lands of Carlave-
rok.*

Sir Eustace Maxwell wedded a lady of
his own family, Helen Maxwell, and was *.
by his son,

Herbert Maxwell, who died s. p. and
was s. by his uncle,

John Maxwell, who was made prisoner
at the battle of Durham in 1346, and dying
soon after, was s. by his son,

Sir John Maxwell, of Maxwell and Car-
laverock, who sate in the parliament at
Edinburgh, in 1357, and had a safe conduct
into England in 1365. This Sir John left
a daughter, Agnes, the wife of Robert Pol-
lock, of Pollock, and a son, his successor,

Sir Robert Maxwell, of Carlaverock.
This gentleman was ambassador to Eng-
land in 1413, and dying in seven years af-
terwards, was s. by his son,

Sir Herbert Maxwell, of Carlaverock,
who was appointed steward of Annandale,
by his kinsman, Archibald, Earl of Doug-
las. He wedded Margaret, daughter and
heiress of Sir John de Cragie, of Cragie,
and was s. by his son,

* Karlaverock seems however, to have been
again fortified, for in the year 1355, it was taken
by Roger Kirkpatrick, and, as, Mayjor savs,
" levelled with the ground." Probably it was never
more repaired, but its materials employed to erect
a now building. The frequent sieges and dis-
mantlings it had undergone might, in all like-
lihood, have injured its foundation.



Robert Maxwell, of Carlaverock, one
of the heroes of Bannockburn, and slain in
that celebrated battle, anno 1448. He had
m. Janet, daughter of Sir John Forrester,
chamberlain of Scotland, and left a son,

Herbert Maxwell, of Carlaverock,
deemed the first Lord Maxwell, who
wedded, first, a daughter of Sir Herbert
Herries of Terregles, and had two sons,
Robert, his successor.
Edward (Sir), of Monreith, ancestor of
the Maxwells, barts. of that place.
His Lordship espoused, secondly, Katherine,
daughter of Sir William Seton, of Seton,
and had, with other children, George,
from whom sprang the Maxwells of
Garnsallock, and Adam, the Maxwells of
Southbar. Lord Maxwell's eldest son,

Robert, second Lord Maxwell, was
served heir to his father on the 4th February,
1453, and he sat as a peer in parliament,
anno 1467. His lordship espoused the Lady
Janet Crichton, daughter of George, Earl of
Caithness, and was s. by his son

John, third Lord Maxwell, who m. Agnes,
daughter of Sir Alexander Stewart, of Gar-
lies, and, falling at Floddenfield, was s. by
his son,

Robert, fourth Lord Maxwell, hereditary
sheriff of Kirkcudbright, and guardian of
the West Marches. This nobleman wedded,
first, Janet, daughter of William, sixth Lord
Douglas of Drumlanrig, (ancestor of the
Dukes of Queensbury), and had issue,
Robert, his successor.
John, (Sir) who wedded Agnes, eldest
daughter and heiress of William
Herries, fourth Lord Herries, of
Terregles, in the county of Dumfries,
and became, jure uxoris, Lord
Herries, of Terregles. His lordship
was s. by his son,

Sir William Maxwell, sixth Lord
Herries of Terregles, who wed-
ded Katharine Kerr, sister of
Mark, first Earl of Lothian, and
dying in 1604, was s. by his son,
John Maxwell, seventh Lord
Herries, of Terregles, who es-
poused Elizabeth, daughter of
John, sixth Lord Maxwell, after-
wards Earl of Morton, and dying
about the year 1627, left a son,
John Maxwell, eighth Lord Her-
ries, of whom hereafter, as third
■ Earl of Nithsdale.
The fourth Lord Maxwell espoused, se-
condly, Agnes, natural daughter of James,
Earl of Buchan, relict of Adam, second Earl
of Bothwell. He d. in 1546, and was s. by
his elder son,

Robert, fifth Lord Maxwell, of Carlave-
rock, warden of the West Marches, who
wedded Lady Beatrix Douglas, second
daughter of James, Earl of Morton, and
dying in 1552, was *. by his son,



CONSTABLE-MAXWELL, OF EVERINGHAM.



327



John, sixth Lord Maxwell, guardian of
the West Marches. Upon the execution
and attainder of the Regent Morton, Lord
Maxwell obtained as representative of his
mother, a new charter of the earldom of
Morton, ratified by parliament, but the
attainder being rescinded, he was deprived
of the dignity which passed in 1585, to the
heir of entail. His lordship espoused Eliza-
beth Douglas, daughter of David, thirteenth
Earl of Douglas, and seventh Earl of Angus,
and had issue,

John, Lord Maxwell.

Robert, who inherited after his brother.

Elizabeth, who to. John Maxwell, sixth

Lord Herries, of Terregles, and

had a son,

John, seventh Lord Herries, who

succeeded his cousin as third

Earl of Nithsdale.

He d. in 1593, and was s. by his eldest son,

John, seventh Lord Maxwell. A feud

subsisting between the houses of Maxwell

and Johnston, this nobleman slew Sir James

Johnston in a rencounter, and fleeing from

Scotland in consequence, he was betrayed

by the Earl of Caithness, and subsequently

tried, beheaded, and attainted jn 1613. His

lordship had married the rady Margaret

Hamilton, daughter of John, first Marquess

Hamilton, Duke of Chatelherault, but had

no issue. His brother,

Robert, eighth Lord Maxwell, was cre-
ated in 1620, Lord Maxwell of Eskdale and
Carlyle, and Earl of Nithsdale, in re-
mainder to heirs male, and with precedency
of his father's Earldom of Morton (in 1581).
This nobleman was celebrated, like his
gallant ancestor, Sir Eustace Maxwell, in
the time of Edward I., by a brave defence
of Karlaverock, against the parliamentarians
in 1640. His Lordship wedded Elizabeth,
daughter of Sir Francis Beaumont, and
dying in 1644, was s. by his son,

Robert, second Earl of Nithsdale, here-
ditary sheriff of Kirkcudbright. His lordship
dying unmarried in 1667, was s. by his cousin,
John Maxwell, eighth Lord Herries
of Terregles, as third Earl of Nithsdale.
His lordship espoused Elizabeth, sister of
John Gordon, first Viscount Kenmure, and
was s. at his decease by his son,

Robert, fourth Earl of Nithsdale, who
wedded the Lady Lucy Douglas, daughter
of William, first Marquess Douglas. His
lordship d. in 1695, and was s. by his son,

William, fifth Earl of Nithsdale. This
nobleman, so celebrated for effecting his
escape from the Tower of London, 23rd
February, 1716, the night before his in-
tended execution, through the heroic agency
of his devoted and incomparable countess,
was attainted, and the honors of the senior
branch of the House of Maxwell, " the
Maxwells of Carlaverock," have ever
since been obscured by that penal proceed-



ing (see Lady Nithsdale's letter, at the con-
clusion of this article). His lordship es-
poused the Zadj/WiNiFREDHERBERT, young-
est daughter of William, first Marquess of
Powiss, and dying at Rome, in 1744, was s.
by his only surviving son,

John Maxwell, styled Earl of Nithsdale,
who espoused his first cousin, Lady Catha-
rine Stewart, daughter of Charles, fourth
Earl of Traquair, (by Lady Mary Maxwell,
daughter of Robert, fourth Earl of Niths-
dale,) and had an only daughter, his suc-
cessor, at his decease in 1776,

Lady Winifred Maxwell, who, but for
the attainder of her grandfather, would have
inherited the Barony of Herries, of Ter-
regles. Her ladyship had espoused, in
1758, William Haggerston-Constable,*
esq. (second son of Sir Carnaby Haggerston,
bart. of Haggerston Castle, in the county of
Northumberland,) and had three sons and
two daughters, viz.

1. Marmadi'ke-William, heir to his
father and mother.

2. William, who assumed the surname
of Middleton, upon succeeding to
the seats of Stockeld and Middleton,
in Yorkshire, being the estates of the
family of his grandmother, Eliz. Mid-
dleton. (See Middleton, of Stockeld).

3. Charles, who assumed the surname
and arms of Stanley only. He es-
poused first, in 1793, Elizabeth, sister
and heiress of Sir William Stanley,
bart. of Hooton, and secondly, in
1800, Miss Macdonald.

4. Mary, to. to John-Webb Weston,
esq. of Sutton Place, in Surrey.

5. Theresa.

Mr. Constable-Maxwell died in 1797, and
her ladyship in 1801. Bofli were succeeded
by their eldest son,

Marmaduke William Constable, esq.



* Sir Thomas Haggerston, bart. m. first, Mar-
garet, dau. of Sir Francis Howard, knt. of Corby
Castle, and had nine sons and a daughter. The
eldest son, Thomas, was killed in Ireland, in the
service of King James II. and died unmarried.
The second son,

William Haggerston, m. Anne, daughter of
Sir Philip Constable, bart. of Everingham,
county York, and dying before his father,
left, with three daughters, an only son,
Carnaby.
Sir Thomas wedded secondly, Jane, daughter and
sole heiress of Sir William Carnaby, knt. of Farn-
ham, in Northumberland, but had no other issue.
He was s. by his grandson,

Sir Carnaby Haggerston, bart. who wedded
Elizabeth Middleton, heiress of Stockeld and
Middleton, in Yorkshire, and had, with an elder
and a younger son,

William, who assumed the name of Con-
stable upon inheriting Fv<>ringham and
the other estates of that family. He m.
Lady V\ inifred Maxwell, as in the text.






328



CONSTABLE-MAXWELL, OF EVERINGHAM.



who at the decease of his father, became
" of Everingham Park, in the county of
York," and at the death of his mother, " of
Carlaverock Castle," upon which latter
event he assumed, by royal license, the ad-
ditional surname of Maxwell. Mr. Con-
stable-Maxwell m. Theresa, daughter of
Edmund Wakeman, esq. of Beckford, in the
county of Worcester, and had issue,

William, his heir.

Marmaduke, of Terregles, in the county
of Dumfries, b. 1st January, 180G.

Peter, b. 7th February, 1807.

Henry, b. in 1810.

Joseph, b. in 1811.

Mary, m. to the Honorable Charles
Stourton - Langdale, fourth son of
Charles, sixteenth Lord Stourton.

Theresa, m. to the Honorable Charles
Everard Clifford, second son of
Charles, seventh Lord Clifford.
Mr. Constable Maxwell d. in 1819, and was
«. by his eldest son, the present William
Constable-Maxwell, esq. of Everingham
and Carlaverock.

FAMILY OF CONSTABLE.

The family of Constable assumed that
surname from holding, in feudal times, the
important office of Constable of Chester.

Robert de Lacy, younger brother of
Roger de Lacy, constable of Chester, and
uncle to the first Earl of Lincoln, enjoyed
the lordship of Flamburgh, by gift of his
brother Roger. He was grandfather of

Sir Robert Constable, of Flamburgh,
who received the honour of knighthood,with
three hundred others, at a grand festival at
Whitsuntide, in the 34th of Edward I. From
this Sir Robert lineally sprung, through a
line of distinguished progenitors, who allied
with the houses of Fitzhugh, Skipwith,Cum-
berworth, and Gascoigne,

Sir Robert Constable, of Flamburgh,
M.P. for Yorkshire, 17th Edward IV. and
sheriff for the same county in two years
after. He wedded Agnes, daughter of Sir
Roger Wentworth, of Nettlested, in Suffolk,
and dying in 1488, left issue,
Marmaduke, his heir.
John, dean of Lincoln.
Philip.

Robert, of Cliffe, serjeant-at-law.
William, of Caythorpe and Wassand,
living in 1528, now represented by the
Rev. Charles Constable, of Wassand,
whose only daughter, Mary, wedded
George, eldest son of Sir William
Strickland, bart. of Boynton. (See
family of Constable, of Wassand.)
The eldest son,

Sir Marmaduke Constable, knt. of
Flamburgh, in Yorkshire, married twice:
by his second wife, Margery, daughter of
Henry, Lord Fitzhugh, he had no issue ;
but by the first, Joyce, daughter of Sir



Humphrey Stafford, knt. he had (with two
daughters) four sons, viz.

I. Robert (Sir) of Flamburgh, who, for
his signal services against the Cornish
rebels, was knighted in 1497. Sub-
sequently, however, taking part in
the commotions in Lincolnshire, ex-
cited by John, Lord Hussey, he was
attainted and executed at Hull. He
left by Jane, daughter of Sir William
Ingleby, of Riply, a son,

Sir Marmaduke Constable, knt.
of Nuneaton, a distinguished
warrior, whose descendant and
representative,

William Constable, esq. of
Flamburgh, was created a
baronet in 1611. This gen-
tleman, a most violent oppo-
nent of the court of Charles
I. d.s.p. during the Protec-
torate.
ii. Marmaduke (Sir), of whom we

have to treat.
III. William (Sir), of Hatfield.
iv. John (Sir), of Knowlton.
The second son,

Si r Marmaduke Constable, knt. acquired
Everingham by marrying Barbara, daughter
and heiress of Sir John Southell, knt. He
was *. by his son,

Sir Robert Constable, knt. of Evering-
ham, who wedded Catherine, daughter of
George Manners, Lord Ros, by the daughter
and sole heiress of Sir Thomas St. Leger, knt.
and Anne his wife, Duchess of Exeter, sister
to King Edw. IV. The eldest son and heir,
Sir Marmaduke Constable, knt. of Eve-
ringham, m. Jane, daughter of William, Lord
Conyers, of Hornby, and dying in 1574,
was s. by his son,

Sir Robert Constable, knt. of Evering-
ham, who m. Margaret, daughter of Sir Ro-
bert Tyrwhit, and had (with several other
children) a son and heir,

Marmaduke Constable, esq. of Evering-
ham, who d. in 1632, leaving by Frances,
daughter of Thomas Metham, esq. of Me-
tham, a son, his successor,

Philip Constable esq. of Everingham,
who was advanced to a baronetcy by King
Charles I. and suffered severely, in those
rebellious times, for his fidelity to that mo-
narch. He espoused Anne, only daughter
of Sir William Roper, of Eltham, Kent, and
dying in 1664, was s. by his son,

Sir Marmaduke Constable, bart. of
Everingham, b. in 1619, who m. Anne,
daughter of Richard Sherborne, esq. of
Stonyhurst, and had (with two daughters,
both nuns,) a son and heir,

Sir Philip Constable, bart. of Evering-
ham, b. in 1651. This gentleman wedded
Margaret, daughter of Sir Francis Ratcliffe,
bart. earl of Derwentwater, and his daughter
and heiress,



CONSTABLE-MAXWELL, OF EVERINGHAM.



!

Anne Constable, wedding Wm. Hag-
gerston, esq- conveyed Everingham
to that family.

Arms — Quarterly, first and fourth, arg.
an eagle displayed, sa. beaked and mem-
bered, gu. surmounted by an escutcheon of
the first, charged with a saltire of the second,
and surcharged in the centre with a hedge-
hog, or, for Maxwell. Second, Barry of
six, or and az. for Constable. Third, Az.
on a bend cottised arg. three billets sa. a
crescent, for cadency for Haggerston.

Crest— A stag ppr. attired arg. couchant
before a holly bush, ppr.

Estates — In Yorkshire, Lincolnshire,
Dumfriesshire, &c.

Seats— Everingham Park, in Yorkshire,
Carlaverock Castle, in the county of Dum-
fries.

A Letter from Winifred Herbert, Countess
of Nithsdale, to her sister, the Lady Lucy
Herbert, Abbess of the English Augustine
Nuns, at Bruges, containing a circum-
stantial account of the escape of her hus-
band, William Maxwell, fifth Earl of
Nithsdale, from the Tower of London, on
Friday, the 23rd of February, 1716.*
" Dear Sister,
My lord's escape is now such an old story
that I have almost forgotten it: but since
you desire me to give you a circumstan-
tial account of it, I will endeavour to re-
cal it to my memory, and be as exact in
the narration as I possibly can ; for I owe
you too many obligations to refuse you any
thing that lies in my power to do. I think
I owe myself the justice to set out with the
motives which influenced me to undertake
so hazardous an attempt, which I despaired
of thoroughly accomplishing, foreseeing a
thousand obstacles, which never could be
surmounted but by the most particular
interposition of Divine Providence. I con-
fided in Almighty God, and trusted that He
would not abandon me even when all human
succours failed me.

I first came to London upon hearing that
my lord was committed to the Tower. I
was at the same time informed that he had
expressed the greatest anxiety to see me,
having, as he afterwards told me, nobody
to console him till I came. I rode to New-
castle, and from thence took the stage to
York. When I arrived there the snow was
so deep that the stage could not set out for
London. The season was so severe and the
roads so extremely bad, that the post itself

* For this interesting document I am indebted
to a little work published for private circulation, by
Sheffield Grace, esq. and presented to me by that
able and accomplished antiquarian, who states that
he obtained the original from the library of Lord
Arundel, of W ardour.



329



was stopped. However, I took horses and
rode to London, though the snow was gene-
rally above the horses' girths, and arrived
safe without any accident. On my arrival
I went immediately to make what interest I
could among those who were in place. No
one gave me any hopes, but they all to the
contrary assured me that, although some of
the prisoners were to be pardoned, yet my
lord would certainly not be of the number.
When I enquired into the reason of this
distinction, I could obtain no other answer
than that they would not flatter me. But I
soon perceived the reasons which they de-
clined alleging to me. A Roman Catholic
upon the frontiers of Scotland who headed
a very considerable party ; a man whose
family had always signalized itself by its
loyalty to the royal house of Stuart, and
who was the only support of the Catholics
against the inveteracy of the Whigs, who
were very numerous in that part of Scot-
land, would become an agreeable sacrifice
to the opposite party. They still retaiued a
lively remembrance of his grandfather, who
defended his own castle of Caerlaverock to
the last extremity, and surrendered it up
only at the express command of his royal
master. Now having his grandson in their
power, they were determined not to let him
escape from their hands. Upon this I
formed the resolution to attempt his escape,
but opened my intention to nobody but my
dear Evans. In order to concert measures,
I strongly solicited to be permitted to see
my lord, which they refused to grant me,
unless I would remain confined with him in
the Tower. This I would not submit to,
and alleged for excuse, that my health would
not permit me to undergo the confinement.
The real reason of my refusal was, not to
put it out of my power to accomplish my
designs ; however, by bribing the guards, I
often contrived to see my lord, till the day
upon which the prisoners were condemned.
After that, for the last week we were al-
lowed to see and take our leave of them. By
the assistance of Evans, I had prepared every
thing necessary to disguise my lord, but had
the utmost difficulty to prevail upon him to
make use of them. However, I at length
succeeded by the help of Almighty God. On
the 22nd of February, which fell on a Thurs-
day, our general Petition was presented to
the House of Lords, the purport of which
to interest the lords to intercede with



was.



his Majesty to pardon the prisoners. We
were however disappointed, the day before
the petition was to be presented, the Duke
of St. Albans, who had promised my Lady
Derwentwater, to present it, when it came
to the point, failed in his word. However,
as she was the only English Countess con-
cerned, it was incumbent on her to have it
presented. We had but one day left before



330



CONSTABLE-MAXWELL, OF EVERINGHAM.



the execution, and the Duke still promised
to present the petition, but for fear he should
fail, I engaged the Duke of Montrose to se-
cure its being done by the one or the other.
I then went in company with most of the la-
dies of quality then in town to solicit the in-
terest of the lords as they were going to the
house. They all behaved to me with great ci-
vility, but particularly the Earl of Pembroke,
who, though he desired me not to speak to
him, yet he promised to employ his interest
ip my favour, and honourably kept his word,
for he spoke very strongly in our behalf.
The subject of the debate was, whether the
king had the power to pardon those who
had been condemned by Parliament ; and
it was chiefly owing to Lord Pembroke's
speech that it was carried in the affirmative,
however, one of the lords stood up, and said
that the house could only intercede for
those of the prisoners who should approve
themselves worthy of their intercession, but
not for all them indiscriminately. This
salvo quite blasted all my hopes, for I was
assured that it was aimed at the exclusion
of those who should refuse to subscribe to
the petition, which was a thing I knew my
lord would never submit to ; nor, in fact,
could I wish to preserve his life on those
terms. As the motion had passed generally,
I thought I could draw from it some ad-
vantage in favour of my design. Accord-
ingly I immediately left the House of Lords
and hastened to the Tower, where, affecting
an air of joy and satisfaction, I told the
guards I passed by, that I came to bring
joyful tidings to the prisoners ; I desired
them to lay aside their fears, for the petition
had passed the house in their favour. I
then gave them some money to drink to the
Lords and his Majesty, though it was but
trifling, for I thought if I were too liberal
on the occasion, they might suspect my de-
signs, and that giving them something would
gain their good will and services for the
next day, which was the eve of execu-
tion. The next morning I could not go to
the Tower, having so many things upon my
bunds to put in readiness ; but in the even-
ing, when all was ready, I sent for Mrs.
Mills, with whom I lodged, and acquainted
her with my design of attempting my lord's
escape, as there was no prospect of his
being pardoned, and that this was the last
night before the exection. I told her that I
had every thing in readiness, and that I
trusted she would not refuse to accompany
me, that my lord might pass for her. I
pressed her to come immediately, as we had
no time to lose. At the same time I sent to
Mrs. Morgan, then usually known by the
name of Hilton, to whose acquaintance my
dear Evans had introduced me, which I
look upon as a very singular happiness. I
immediately communicated my resolutions



to her. She was of a very tall slender
make, so I begged her to put under her own
riding-hood one that I had prepared for
Mrs. Mills, as she was to lend hers to my
lord, that in coming out he might be taken
for her. Mrs. Mills was then with child.
so that she was not only of the same height,
but nearly of the same size as my lord.
When we were in the coach, I never ceased
talking, that they might have no leisure to
reflect. Their surprise and astonishment
when I first opened my design to them had
made them consent, without ever thinking



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