The remains of Carlaverock afford but a slight notion of its former strength. The importance of its situation is, however, undoubted. Situated on the south borders of the Nith, near to Glencapel Quay, it constituted a stronghold for the Scottish noble, who scarcely feared a siege within its walls, and when the army of Edward advanced to invest it, refused to surrender; "for the fortress was well furnished," says Grose, "with soldiers, engines, and provisions."

But this defiance was vain; after sustaining an assault, Carlaverock was obliged to capitulate; when the generosity of Edward's measures excited the admiration of all humane minds. The troops, only sixty in number, were taken into the King's service, as a token of his approval of their brave defence; they were then released, ransom free, and received each a new garment, as a gift from the King.

Carlaverock was, some time after, retaken by the Scotch, and Sir Eustace de Maxwell resumed his command over the garrison. It was again invested by King Edward; but, on this occasion, Eustace drove the English from the attack, and retained possession of the fortress.

Afterwards, of his own free will, he demolished the fortress, that no possession of his might favour the progress of the enemy. He was rewarded by several grants of lands, and twenty-two pounds in money.

In the fifteenth century, Herbert de Maxwell marrying a daughter of the Maxwells of Terregles (Terre Eglise), the son of that marriage was ennobled, and was dignified by the title of Lord de Maxwell. His successor perished at Flodden, but the grandson of the first Lord had a happier fortune, and was entrusted by James the Fifth to bring over Mary of Guise to Scotland, first marrying her as the King's proxy.

The house of Maxwell prospered until the reign of James the Sixth; by whom John, Lord Maxwell, was created Earl of Morton, and made Warden of the Marches: but a reverse of fortune ensued. From some court intrigue, the Warden was removed from office, and his place supplied by the Laird of Johnstones; all the blood of the Maxwells was aroused; a quarrel and a combat were the result; and, in the scuffle, the new-made Earl of Morton was killed. The injury was not forgotten, and John, who succeeded the murdered man, deemed it incumbent upon him to avenge his father. In consequence, the Laird of Johnstone soon fell a sacrifice to this notion of honour, or outbreak of offended pride. The crime was not, however, passed over by law; the offender was tried, and executed, in 1613, at the Cross in Edinburgh; and his honours were forfeited. But again the favour of the Stuarts shone forth; the title of Morton was not restored, but Robert, the brother of the last Earl of Morton, was created Earl of Nithisdale, and restored to the Lordship of Maxwell; with precedency, as Earl, according to his father's creation as Earl of Morton.

This kindness was requited by a devoted loyalty; and, in the reign of Charles the First, the Earl of Nithisdale suffered much, both by sequestration and imprisonment, for the royal cause.

In 1647, in consequence of failure of the direct line, the title and estates of the Nithisdale family devolved on a kinsman, John Lord Herries, whose grandson, William, the subject of this memoir, proved to be the last of the Maxwell family that has ever enjoyed the Earldom.

He was served heir male, and of line male and entail of his father, on the twenty-sixth of May, 1696; and heir male of his grandfather, the Earl of Nithisdale, on the sixteenth of the same month.[1] At his accession to his title, the Earl of Nithisdale possessed no common advantages of fortune and station. "He was allied," says the Scottish Peerage, "to most of the noble families in the two kingdoms." His mother, the Lady Lucy, was daughter to the Marquis of Douglas; his only sister, Lady Mary Maxwell, was married to Charles Stewart, Earl of Traquair; and he had himself wedded a descendant of that noble and brave Marquis of Worcester who had defended Ragland Castle against Fairfax.

In addition to these family honours, Lord Nithisdale possessed rich patrimonial estates in one of the most fertile and luxuriant counties in Scotland. The Valley of the Nith, from which he derived his title, owned his lordship over some of its fairest scenes. Young, rich, and happily married, he was in the full sunshine of prosperity when, in the year 1715, he was called upon to prove the sincerity of that fidelity to the house of Stuart for which his family had so greatly suffered, and for which it had been so liberally repaid.