The Maxwells of Kirkconnel descend from one of the older cadets of the Maxwell family. Representing the family of Kirkconnel of Kirkconnel, it is one of the oldest families in Galloway, and has been settled in the parish of Troqueer for centuries. The Maxwells spell the name Kirkconnell.
The first of the house of Kirkconnel of that ilk is supposed to have been a person of Saxon origin, who had come from the north of England and settled at Kirkconnel, near the mouth of the Nith, in the time of Earl David, afterwards David I., or in that of King Malcolm his father. The names, John, William, and Thomas, which the Kirkconnel family used, indicate their north of England extraction; while the surname of the family being the same as the name of their hands, gives right to infer that they held these lands from the time of Malcolm Canmore (1057-1093) when family surnames derived from territorial possessions began to be used in Scotland.
The arms of the Kirkconnels, azure, two crosiers, or, placed in saltire ardossés, with a mitre of the last placed in chief (Nisbet’s Heraldry, Part 2, ch. 10) being the same as those of the bishops of Argyle or Lismore in the 12th century, might be thought to show that the one was derived from the other, but was probably assumed from the name of the territory and its connexion with the church.
The first of the name on record is John, “dominus de Kirkconnel, fundavit Sacrum Boscum.” (Dugdale’s Monasticon (1661) Caemobia Scotica, vol. ii. p. 1057.) He founded the abbey of Holywood some time in the 12th century, in the place of a former religious house. He was probably the father of Michael de Kirkconnel, whose son, William FitzMichael de Kirkconnel, about the year 1200 made a grant of lands in Kirkconnel, in favour of the abbey of Holmcultram in Cumberland (Hutcheson’s Cumberland, vol. ii., p. 331).
Gilchrist, the son of Gilcunil, is witness to a charter of lands in Dunscore near Dercongall or Holywood, granted by Affrica, daughter of Edgar, to the monks of Melrose, in the reign of William the Lion or of Alexander II. (Liber de Melrose, vol. i. p. 182).
There is no farther account of any one of the name until the contest arose for the throne of Scotland between John Baliol, lord of Galloway, and Robert Bruce, lord of Annandale. Among those who swore fealty to Edward I. in 1296, we find Thomas de Kirkconnel of the county of Dumfries, which then included both sides of the Nith. There can be little doubt that Thomas de Kirkconnel and his immediate successors, like the rest of the men of Nithsdale and Galloway, supported the cause of Baliol. IN 1324 mention is made of “dominus de Kirkconnell in valle de Nith,” (Chalmers’ Caledonia).
Owing to the wars and confusion of the times little is known of the Kirkconnels for two or three generations, but it is probable that they generally supported and shared the fortunes of their greater neighbours on the other side of the Nith, the Maxwells of Carlaverock. The connexion between the families of Maxwell of Carlaverock and the Kirkconnels was drawn closer by the marriage of Aymer de Maxwell, 2d son of Sir Herbert de Maxwell of Carlaverock and brother of Sir Herbert de Maxwell of Carlaverock, 1st Lord Maxwell, with Janet de Kirkconnel, the heiress of the ancient family of Kirkconnel, when the name de Kirkconnel was merged in that of Maxwell, and the property went to their descendants of that name. The date of the marriage is unknown, but it may have taken place before the year 1410.
On 11th July 1448, there was a perambulation of the marches of Little Airds, belonging to the abbey of Sweetheart, and Maikle Airds, belonging to Kirkconnel, to which Aymer de Maxwell was a party. (Original Papers and Deeds at Kirkconnel). On 20th March 1456, Aymer de Maxwell and Janet de Kirkconnel, his spouse, had a charter of resignation and confirmation of their lands of Kirkconnel, in the stewartry of Kirkcudbright. On 13th November 1461, Aymer de Maxwell of Kirkconnel, superior of the estate of Kelton, which probably was his own, and not acquired by his wife, granted a fen to George Neilson of part thereof.
Aymer’s son, Herbert Maxwell of Kirkconnel, succeeded him. He left two sons, and probably others.
The elder son, whose Christian name is not known, is supposed to have predeceased his father. His brother’s name was John. The former had a daughter, Elizabeth, who succeeded her grandfather, and another daughter, probably named Agnes Maxwell.
Elizabeth Maxwell of Kirkconnel had precept from the Crown directing sasine to be given to her as heir of the late Herbert Maxwell of Kirkconnel and Kelton, her grandfather, in virtue whereof she was infeft in the lands of Kelton in the sheriffdom of Dumfries on 5th November 1492. Among the witnesses of the infeftment were “John Maxwell, uncle of the said Elizabeth, Herbert Maxwell, son of the said John,” &c. Dying without issue, Elizabeth was succeeded by her nephew, Herbert.
Herbert Maxwell of Kirkconnel, under precept from the crown, had sasine given to him, as “heir of the late “Elizabeth Maxwell, his aunt,” (avuncular – mother’s sister,) of the lands of Kirkconnel and Kelton, on 12th April 1495. All accounts of the Kirkconnel and Maxwell families, and genealogists generally, concur in stating that Thomas Maxwell, 2d son of Robert, 2d Lord Maxwell, married Agnes Maxwell, the heiress of Maxwell of Kirkconnel, and that from them the present Kirkconnel family are descended. It is more than probable that Elizabeth’s married sister, whose son Herbert succeeded his aunt, was the Agnes who became the wife of the said Thomas Maxwell, probably between 1450 and 1470, and that it was their son Herbert who was heir to his aunt Elizabeth. This might be inferred from the seal of Herbert attached to a charter granted by him on July 4, 1517, being a saltire, between two small chevrons. The chevron being often used as a mark of cadency, (Nisbet’s Heraldry, vol. i. p. 151,) it would seem that the two chevrons were intended to show his descent from two cadets of the Maxwell family; Aymer, who married Janet de Kirkconnel, and Thomas, thought to have been the father of Herbert. As a follower of the chief of his name, Herbert Maxwell of Kirkconnel was present at the affray, on July 30, 1508, on the sands of Dumfries, between John Lord Maxwell, and Lord Crichton of Sanquhar, and their respective followers, when the latter nobleman was driven from the town, and many of his friends slain (Balfour’s Annals, 1508). For this and other lawless doings Herbert Maxwell received a general remission from the crown on 17th October the same year. He was twice married, By his first wife, whose name is not ascertained, he had four sons; Robert, John, William, and Edward. His 2d wife was Euphemia Lindsay, issue unknown. William, the third son, was in the household of Mary of Guise, and afterwards for a time in a regiment of Scots men at arms in the service of the king of France (MS. On Scottish Guard History). On the 16th February, 1557, he had a grant of the lands of Little Airds. His son, William, succeeded him in Little Airds. The latter had a son, James, who wrote his Autobiography, and was author also of several polemical works.
Herbert died before 28th Dec. 1548. His eldest son, Robert, on July 4, 1517, had a charter from his father of the lands of Kelton. He married Janet Crichton, and on August 16, 1518, had a grant of Auchenfad. He predeceased his father, leaving 2 sons, Herbert and John.
The elder son, Herbert Maxwell of Kirkconnel, had sasine in the lands of Kirkconnel and Kelton as heir to his grandfather, Dec. 28, 1548, and had charter of Auchenfad, January 22, 1548-9. He married a Janet Maxwell, and had a son, Bernard, and three daughters, Agnes, Catherine, and Margaret. He died before 1560.
Bernard Maxwell of Kirkconnel succeeded his father in his minority. On May 6, 1571, with consent of his curators, he executed a disposition of the lands of Kirkconnel and Kelton, in favour of his uncle, John Maxwell, and his heirs male, when failing, to his own heirs general, and reserving his liferent, with power of redemption, in the event of having heirs male himself, and the lands to be held of himself, for £1,000 Scots, on which deed sasine was taken on the following day; also, another deed of the same date, in nearly the same terms, the lands to be held of the crown, on which sasine was taken. He was alive and collecting the feu duties of Airds in 1574 and 1577.
John Maxwell, tutor of Kirkconnel, during the minority of Bernard, his nephew, was infeft, as above stated, in the property, May 7, 1571. He died before his nephew, and before August 1573.
His son, John Maxwell of Kirkconnel, succeeded him, and to his right to the estate in his minority, his tutors or curators being James Crichton of Carco and William Somerville, vicar of Kirkbean. On July 8, 1574, he was retoured heir male to John Maxwell of Kirkconnel, his father, in the lands of Kirkconnel, reserving the liferent therein of Bernard Maxwell and of Janet Maxwell, relict of Herbert Maxwell, in a part thereof; in virtue whereof John Maxwell was infeft therein, Oct. 8, 1574, Bernard Maxwell, the liferenter, being a witness to the infeftment. In April and May, 1593, he took part in the slaughterings and feud between the Maxwells and Johnstons. On Nov. 26, 1601, John Maxwell of Kirkconnel and several others were summoned before the privy council, for contravening the Acts of Parliament against saying and hearing of mass, and entertaining priests, especially Dr. John Hamilton and Abbot Gilbert Brown, and having children baptized by them (Chambers’ Domestic Annals, vol. i., pp. 358, 359). John Spottiswoode, archbishop of Glasgow, having, with a party of soldiers, invaded New Abbey, in search of priests, broke into the house of the exiled abbot, Gilbert Brown, and plundered it of whatever savoured of popery. The books found there were given into the care of John Maxwell of Kirkconnel, who afterwards, being unwilling to part with them, was served with letters of horning on ten days’ charge, ordering him to deliver the same over to Spottiswoode (Original Letters as to Ecclesiastical Affairs, Bannatyne Club, pp. 409-411). John Maxwell of Kirkconnel died after June 29, 1614. He had five sons – 1. Herbert, his successor. 2. John, of Whitehill and Millhill, supposed to have been the father of John Maxwell of Barncleugh, town-clerk of Dumfries. 3. James. 4. Thomas. 5. George.
The eldest son, Herbert Maxwell of Kirkconnel, was esquire in ordinary to the body in the household of James VI., when he succeeded to Kirkconnel. Preferring to continue his attendance on royalty, the king granted him a pension for life of £200 out of the escheats of Scotland. He received charter of confirmation of the lands of Kirkconnel and others, Aug. 28, 1616, and was infeft therein 25th Sept. following. He got into some dispute with James Maxwell of Innerwick, a lord of the bedchamber, afterwards earl of Dirlton, the son of John Maxwell of Kirkhouse. The dispute came before the Court of Session, and four days after the hearing of the case (March 11, 1628), and as if at the instigation of his opponent, Herbert Maxwell of Kirkconnel, Charles Brown in New Abbey, Barbara Maxwell, Lady Mabie, and others, were charged by the privy council with contemning “excommunication and horning,” persisting in “obdured and papish opinions and errors,” and visiting all parts of the country, “as if they were free and lawful subjects.” Sir William Grierson of Lag, and Sir John Chateris of Amisfield, were commissioned to apprehend those thus denounced, as well as their “resetters,” or harbourers. How it fared with Herbert Maxwell does not appear, but the commissioners were successful in capturing in New Abbey Charles Brown of Clachan, and Gilbert Brown of Shambellie (Domestic Annals, vol. ii. pp. 18 and 19); whereupon Janet Johnston of Newbie, Lady Lochhill, spouse of John Brown, assembling the women of the parish, attacked the minister and schoolmaster, their wives and servants, with sticks and stones. For this energetic defence of her faith Lady Lochhill was banished the realm, under a penalty of 1,000 merks if she dared to return. Herbert Maxwell of Kirkconnel died in Oct. 1637, leaving issue – 1. John, his successor. 2. Edward. 3. George. 4. Robert. 5. Barbara (Lady Mabie, March 1623). 6. Marion, and an illegitimate son, Herbert.
The eldest son, John Maxwell of Kirkconnel, was retoured heir to his father, Dec. 19, 1638, in the lands of Kirkconnel, with salmon fishings in the water of Nith, &c., and had sasine therein, Jan. 31, 1639. James Maxwell of Innerwick had received from Charles I. a gift of the non-entry of the lands. In 1642, John Maxwell of Kirkconnel married Agnes, daughter of Stephen Laurie of Maxwelton, and Marion Corsone, his spouse. John Maxwell of Kirkconnel got into difficulties soon after his marriage, but the estate was preserved by the prudent management of his lady, liberally assisted by Lady Maxwelton, her mother. He died in or before the year 1679, his wife surviving him. They had 4 sons and 3 daughters. 1. James. 2. William. 3. Herbert, a Jesuit priest. 4. Stephen, a Jesuit priest. 5. Euphemia, married the laird of Corbeath. 6. Marion. 7. Agnes, married Edmund, eldest son of William Brown of Nunton.
The eldest son, James Maxwell of Kirkconnel, married, in 1672, Elizabeth, only daughter of Alexander Durham of Berwick, son of Sir John Durham of Duntarvie and Lady Margaret Abercromby, probably of Birkenbog. Herbert Maxwell, Jesuit priest, was, in Oct. 1686, appointed chaplain to the earl of Melfort, secretary of James VII., and about the same time, his brother, James Maxwell of Kirkconnel, was appointed one of the receivers-general of the Customs, &c. (commission dated at Whitehall, Oct. 22, 1686). When, on Dec. 10, 1687, King James, by his royal writ, reduced the number of the receivers-general from four to two, he granted to Kirkconnel the office of superintendent of the customs, foreign excise, rents, casualties of royal property, and funds allocated for the payment of fees and pensions. The salary was at first £200, but afterwards £200 yearly. The Revolution soon deprived him of all place and pension. He died in or before the year 1699. He had 4 sons and 2 daughters, viz. – 1. James, his successor. 2. William, who succeeded James. 3. Alexander. 4. Stephen, Jesuit priest. 5. Agnes. 6. Elizabeth.
The eldest son, James Maxwell of Kirkconnel, was educated at Douay, and served heir general to his father Dec. 21, 1699, but never otherwise made up his titles. The Lord Advocate cited him and the earl of Nithsdale to appear before the Justiciary Court in Edinburgh, Feb. 2, 1704, to answer for contravening the acts of parliament against hearing mass and harbouring and concealing Jesuits and priests, and of which “shaking off all fear of God,” it was alleged, they were guilty. This did not prevent him from petitioning the government, in that very year, for payment of a balance due to his father as receiver-general. The books of the kirk session of New Abbey in 1705 stigmatised the Maxwells of Kirkconnel as “a popish family,” and warned Protestants not to take domestic service with them. James Maxwell died, without issue, about 1705.
His next brother, William Maxwell, succeeded to Kirkconnel. Like James, he was educated at Douay, whence he returned to Scotland in 1696. In the inquest by the presbytery into the number of papists in each parish in 1704, William is mentioned as brother of the laird of Kirkconnel. He was served heir general to his brother James, Feb. 14, 1706, in which year he was called on as an heritor to pay his proportion of £137 6s. Scots money for building of the manse of Troqueer. He married, April 29, 1706, Janet, eldest daughter of George Maxwell of Carnsalloch, widow of Colonel John Douglas of Stenhouse, and eventually heiress of Carnsalloch, under the disposition and deed of entail executed by James Maxwell of Carnsalloch, her brother, March 11, 1745. On May 6, 1708, William Maxwell executed a disposition, settling the succession to his estates. On June 15, 1733, he agreed to dispone heritably to William and Robert Birnie 3 merklands of the 12 merklands of Kelton, James Maxwell of Barncleugh, as next Protestant heir to Kirkconnel, giving his assent thereto, which was probably considered necessary by the purchasers, owing to the penal laws then in force against Roman Catholics. John Maxwell of Barncleugh, and Margaret Young, his spouse, the father and mother of the James Maxwell here mentioned, are both entered as “papists” in the list made out for the privy council in 1704. William Maxwell of Kirkconnel died April 13, 1746. John Rigg, sometime tenant in Meikle Knox, and formerly in Townhead, near Kirkconnel, used to relate that when James Maxwell, his son and heir, went off in 1745 to join Prince Charles, the old man, his father, rejoiced, saying that his son was going in a good cause, and that if he lost his life it would be well spent. He had issue – 1. Elizabeth, married, before 1730, to William Maxwell of Munches. 2. James, his successor. 3. Agnes. 4. Janet. 5. Mary. 6. George, Jesuit priest. 7. Margaret. 8. William, Jesuit priest. 9. Marion, married John Menzies of Pitfoddels. 10. Halbert.
The eldest son. James Maxwell of Kirkconnel, commenced grammar at Douay college, August 21, 1721, and was distinguished as a student of great genius and persevering diligence. After concluding his course of philosophy, he returned to Scotland in 1728. In 1745, James Maxwell, then younger of Kirkconnel, took part in the insurrection, and became an officer in the Pretender’s service, and of such rank as to have had access to know the most material things that were transacted “in the council, though not a member of it.” He was, moreover, an “eyewitness of the greatest part of what happened in the field.” After the battle of Culloden he escaped to France, and while residing at St. Germains for several years, drew up a “Narrative of Charles, Prince of Wales’ Expedition to Scotland in the year 1745” (printed by the Maitland Club, 1841), which he evidently intended for publication. While he thus resided abroad, his mother, Janet Maxwell of Carnsalloch, managed the Kirkconnel estate to the best advantage, and protected her son’s interests as far as in her power. In June 1746, the whole troop horses of St. George’s regiment of dragoons were put into the Kirkconnel policies, besides 40 or 50 galloways belonging to the officers or soldiers; and the tacksmen petitioned Lieutenant-General Bland, commander-in-chief in Scotland, for compensation in consequence. In 1750, James Maxwell of Kirkconnel ventured to return to Scotland, and built, with bricks made on the property, the modern portion of the front of Kirkconnel-house. He sold the estate of Carnsalloch, derived from his mother (who died in 1755), to Mr. Alexander Johnston, merchant in London, ancestor of Major-General Johnston of Carnsalloch (1862), and purchased the estate of Mabie. He was a witness in 1755 to the marriage of his sister Marion with John Menzies of Pitfoddels. In 1758 he married Mary, youngest daughter of Thomas Riddell of Swinburne Castle. He died July 23, 1762, aged 54 years. “His Narrative,” the Maitland Club editor says, “is composed with a remarkable degree of precision and taste, inasmuch as rather to appear the production of a practiced litterateur than the work of a private gentleman who merely aimed at giving memoranda of a series of remarkable events which he had chanced to witness.” He left 3 sons – 1. James. 2. William. 3. Thomas, who died June 1, 1792. The two younger sons were educated at the New College of the Jesuits at Dinant, in France, arriving there Sept. 3, 1774. During his attendance at the medical schools in France, William, the 2d son, imbibed the French revolutionary ideas of the time, and was one of the national guards present at the execution of Louis XVI., Jan. 21. 17193 He afterwards settled as a physician in Dumfries, and was for many years one of the most eminent in Scotland of his profession. He died at Edinburgh, at the house of his relative, John Menzies of Pitfoddels, Oct. 13, 1834.
The eldest son, James Maxwell of Kirkconnel, when very young, was, Nov. 16, 1764, served heir in special to his father, and infeft, under a precept from the crown, April 19, 1765, in the lands and barony of Kirkconnel. He was twice married, 1st, to Clementina Elizabeth Frances, daughter of Simon Scroope of Danby, Yorkshire, without issue; and, 2dly, to Dorothy, daughter of William Witham, Esq., solicitor of Grey’s Inn, London, grandson of William Witham of Cliffe, Yorkshire, the marriage contract signed Aug. 29, 1817. He died Feb. 5, 1827, leaving an only daughter, Dorothy Mary Maxwell.
This lady, heiress of Kirkconnel, was on July 27, 1827, served as nearest and lawful heir of tailzie and provision of the deceased James Maxwell of Kirkconnel, her father. She married at Southampton, April 17, 1844, her cousin, Robert Shawe James Witham, eldest surviving son of William Witham, solicitor, Gray’s Inn, London, and great-grandson of William Witham, Esq. of Cliffe, Yorkshire. The Witham pedigree is given in Burke’s Commoners of England, vol. ii. p. 5. This gentleman, as Robert Maxwell Witham, was, with his spouse, duly infeft, under a precept of sasine, dated Oct. 29, 1846, contained in a charter of Resignation granted by the crown, in the lands, barony, and fishings of Kirkconnel, to be holden by them of the crown, in conjunct fee and liferent, and to the heirs of the marriage. The sasine was registered at Edinburgh, Nov. 16, 1846. They had also sasine of the lands of Gillfoot, recorded Feb. 11, 1852. They had 6 sons and 3 daughters. 1. James Robert, died, an infant, May 5, 1845. 2. Frances Mary. 3. and 4. James and Thomas, twins. 5. William Herbert. 6. Janet, died, an infant, May 15, 1853. 7. Maud. 8. Robert Bernard. 9. Aymer Richard.