James VI: Translation 1587, 8 July, Edinburgh, Parliament Parliamentary Register 29 July 1587
For the quieting and keeping in obedience of the disordered subjects, inhabitants of the borders, highlands and isles
2Our sovereign lord and his three estates convened in this present parliament, considering the wicked inclination of the disordered subjects, inhabitants in some parts of the borders adjacent to England and in the highlands and isles, delighting in all mischiefs and most unnaturally and cruelly wasting, slaying, harrying and destroying their own neighbours and native country people, taking occasion of the least trouble that may occur in the inner parts of the realm when they think that care and thought of the repressing of their insolence is in any way forgotten, to renew their most barbarous cruelties and godless oppressions; for remedy whereof, in addition to and beside the lovable laws and constitutions already made in this behalf, which our sovereign lord, with advice of his three estates, ratifies and approves by this act, it is statute and ordained that the first day of every month in the year, if it be lawful, and failing thereof the next lawful day immediately following, shall be a special and pre-empted [diet]3 for his privy council to convene and sit both in the forenoon and afternoon for receiving, hearing, answering and directing of all complaints, causes and matters concerning the misrule of the disordered and troublesome subjects, inhabitants [of]4 the highlands and borders, and attempts committed by them upon the good and peaceable subjects in the in-country, without prejudice of other and more diets to be appointed for the same effect if the occasion so require; and specially that upon the said first day of every month, or other next lawful day, trial and inquisition to be taken of the diligence done in the execution of things directed the month preceding and of the things necessary and expedient to be put in execution during the next month to come thereafter; and that a particular register be kept by the self of all things that shall happen to be done and directed in matters concerning the quietness and good rule of the borders and highlands.
That all landlords and bailies of the lands on the borders and in the highlands where broken men have dwelt or presently dwell, contained in a roll inserted in the end of this present act, shall be charged to find sufficient caution and surety, landed men in the in-country to the contentment of our sovereign lord and his privy council between now and 1 October 1587 or within 15 days after the charge upon conditions following, under the pain of rebellion, and if they fail, the said day being past, to put them to the horn: that is to say, if any of their men, tenants, servants and indwellers upon their lands, rooms, steadings and possessions or within their bailiaries commit any masterful reiving, theft or reset of theft, depredations open and avowed, fire-raising upon deadly feuds protected and maintained by their masters, that the landlords and bailies upon whose lands and in whose jurisdiction they dwell shall bring and present the persons complained upon before [Archibald Campbell, earl of Argyll], our sovereign lord’s justice, or his deputes, toabide trial and underlie the law for the same, upon 15 days’ warning to be made to them lawfully; and failing thereof, that the said landlords and bailies be indebted to satisfy the party harmed and to refund, content and pay to them their herships and hurts of their own proper goods and lands according to the value and quantity taken from the complainers, which shall be modified by oath of the party hurt, either before the lords of council and session or the justice or his deputes, whereupon execution shall pass both against the principals and sureties in the appropriate form; providing always that the landlords who have their lands lying in far highlands or borders, they making residence themselves in the inlands, and their tenants and inhabitants of their lands being of clans or dependants on chieftains and captains on the clans, whom the landlords are in no way able to command but only get their mails off them and no other service nor obedience, shall in no way be subjected to this act but in manner following, namely, they shall be held to direct their precepts of warning, obtain decreets against their tenants and denounce them to the horn and immediately after their denunciation that the said landlords raise letters by deliverance of the secret council and charge the chieftains and captains of the clans on whom their tenants depend and obey to take and apprehend the disobedient tenants and present them to the justice under the pain of rebellion; and in case the chieftains disobey, to cause denounce them to the horn, register the same and report the letters of horning, duly executed, endorsed and registered, to the secret council within the space of 40 days thereafter; wherein if the said landlords fail, they shall be subject to the former condition of this act. As also, in case the said landlords at any time hereafter rent or set tacks to any of the said disobedient highlanders or borderers in any their lands and omits to take sufficient caution for them, that they shall be answerable and obedient to our sovereign lord’s laws, and specially that they shall obey and comply with the whole contents and effect of this present act. And that the said landlords and bailies concur, fortify and assist others in removing of all persons disobedient to the laws or fugitive therefrom out of their lands, rooms and possessions; and in case any refuse to concur to the effect aforesaid, being duly and lawfully required, in that case it shall be lawful to pursue the person refusing and his cautioner for redress of the damage sustained by the party hurt and the landlords and bailies of the disobedient person to have their relief of the persons refusing. And in case any person, landlord or bailie, receive or reset any person fugitive after the committing of the crime upon their lands, or stays or arrests them not whenever they pass through their bounds with any true men’s goods reived or stolen, if the same comes in any way to their knowledge, or that it be tried that they might have stayed or withstood the said reives and oppressions (which knowledge and power of the overlords shall be tried by an assize), the masters, landlords or bailies, resetters of the offenders, or not staying and arresting them passing through their bounds as said is, shall be held to bring and present the persons, offenders, to the laws in manner aforesaid, or else to pay and redress the parties harmed in manner above-written. And where the owners of the reived or stolen goods follows not, the stayers and arresters of the persons and goods passing through their lands shall be held to make certification by publication at the market cross of the head burgh of the shire, that the party having interest being thereby advertised may challenge their own goods in six days’ space, otherwise the stayers and arresters of the goods shall not be answerable thereof.
Item, although some of the lords of the ground never used [to]5 make residence in the parts through the which thieves resort in their passing to steal and reive and return from there, yet shall they be bound by their bailies and tenants to make the arrestments and stay and make publication of the same, if it be in their power or comes to their knowledge, or otherwise to be held and obliged for redress as if they dwelt upon the lands themselves. And that the chief of the clan in the bounds where broken men dwell, through the which villains and broken men repair in their passing to steal and reive or returning from there, shall be bound to make the like stay, arrestment and publication as the landlords or bailies and be subject to the like redress and action, criminal and civil, in case of their failure or negligence. And because sundry immediate tenants to our sovereign lord have conveyed their lands to others held of themselves, in that case it shall be sufficient for the overlord to enter and present his tenant and vassal for answering for his subtenant and the landlord to have his relief upon his tenants thereupon as appropriate.
Moreover, and beside the aforesaid order devised against the landlords and bailies on whose lands and in whose jurisdictions the thieves, sorners and broken men dwell and remain, it is also statute and ordained that the captains, chiefs and chieftains of all clans, as well on the highlands as on the borders, and the principals of the branches of the said clans to be specially noted at the end of this present act, which clans dwell upon the lands of diverse landlords and depend upon the directions of the said captains, chiefs and chieftains (by pretence of blood or place of their dwelling), although against the will often times of the lord of the ground, be charged in manner and under the pain above-written to enter such persons’ pledges as shall be nominated by the king’s majesty’s letters to be directed to them, upon 15 days’ warning, before his highness and his secret council at the days to be appointed, to be placed as his highness shall think convenient for keeping of good rule in time coming, according to the conditions above-written, whereunto the landlords and bailies are subject under the pain of execution of the said pledges to the death, in case of transgression and non-redress made by the persons, offenders, for whom the said pledges lie; and that the said pledges shall be relieved quarterly with others of the same clan or branch to be specially named as soon as may be after the beginning of this order, and that the said pledges shall be kept in the king’s straight ward upon their own expenses until the principals of the clan or branches find sufficient and responsible sureties, acted in the books of secret council, that the pledges entered shall keep true ward until they be freed and relieved orderly and yet the persons with whom they shall happen to be placed to remain shall in no way give their licence or liberty to the said pledges to depart or pass home under the pain of 2,000 to be paid by every nobleman, baron or gentleman that grant any such licence; which caution being once found, the said pledges shall be placed to remain with noblemen and barons in free ward, uncharged with the burden of their own expenses; and all clans, chieftains and branches of clans refusing to enter their pledges at the day and in manner contained in the charge to be directed to that effect to be esteemed public enemies to God, the king and all his true and faithful subjects, and to be pursued with fire and sword wherever they may be apprehended, without crime, pain or danger to be incurred by the doers through that. And that account be taken once in the year at 1 November what persons pledged for are dead and what young men sprung up in their race and clan able to offend; and where complaint is made upon any person pledged for, the principal of the clan or branch to be charged to present the offender before the king or his council, or before the justice and his deputes, to underlie the law for the same; and in case of failure of the presenting of the person or persons complained upon, the pledge lying for the said person to be executed by justice and the principal of the clan or branch to be pressed to enter a new pledge and to be still debtor to the party grieved for his hurt sustained.
Item, that all such notorious thieves as were born in Liddesdale, Eskdale, Ewesdale, Annandale and the lands sometimes called debatable, or in the lands of the highlands that has long continued disobedient, shall be removed out of the inlands where they are planted and presently dwell or frequent to the parts where they were born, unless their landlords where they presently dwell will become sureties for them to make them answerable to the law as the lowland and obedient men under the pains contained in the acts of parliament.
Item, it is statute and ordained for furthering of the quieting of the disobedient borders and highlands that a book be made containing the names of pledges entered and to be entered for good rule, and of the whole persons for whom they lie, and by whom the pledges should be relieved; as also that a register be made of the whole parishes of the lands inhabited by thieves and disobedient persons in the highlands and borders, the names of the landlords and towns in every parish and of the whole men, inhabitants thereof, passed the age of 16 years, who are landlords or bailies of every land or town or of what clan branch the said inhabitants are; and that the name of any person that is entered on the broken lands after the removing of any other disobedient person from there be sent to the keeper of the said register within 12 days next after his first entry.
Because after all diligence done, as well against the landlords and bailies as against the chieftains and principals of clans, there will be a number of vagabonds unpledged or answered for by their landlords or bailies, it is statute and ordained that letters shall be directed charging all such vagabonds and unanswerable men by open proclamation at the market cross of the head burgh of the shire where they frequent, or head burghs of the two next shires in the lowlands (where there is clearly not safe access), to find surety to underlie the law the third day of the next justice ayre or sooner, on 15 days’ warning, under the pains contained in the acts of parliament; and in case they find not surety within six days and enter not themselves under pledging, to be denounced rebels and fugitives, and they and their resetters to be pursued thereafter until they be apprehended and punished for their demerits; and that the parties harmed have competent action, civil or criminal, against the magistrates or others within whose bounds, jurisdiction or power such vagabonds and fugitives are wittingly reset with the goods stolen or reived in their passing, remaining or returning.
Item, it is declared, statute and ordained that all bonds, acts and obligations made or to be made by whatsoever persons for whatsoever broken men, pledges or otherwise received for the good rule and quietness of the borders and highlands, or anything depending thereupon, shall be extended against the heirs and successors of their sureties and cautioners, although special mention be not made in the acts that they obliged themselves, their heirs and successors.
Item, it is declared, statute and ordained that the surety made by the landlords and bailies shall not be prejudicial nor stop the surety made by the chieftains and principals of clans, nor by the contrary the surety made by them to the landlords and bailies.
Item, it is statute and ordained that [Sir Lewis Bellenden of Auchnoull], justice clerk, assisted by [Thomas Lyon of Baldukie], treasurer, and [Alexander Hay of Easter Kennet], clerk register, shall be special rememberers of the causes concerning the highlands and borders, and shall be answerable for the dispatch and diligence of the direction of things pertaining thereto.
Item, it is statute and ordained that whenever any plundering, oppressions, reives, sornings and thefts shall happen to be committed within any part of this realm, in the highlands or borders thereof, by any captain of clan or by any other clansman against any of our sovereign lord’s loyal and true subjects in time coming, and the goods so taken up transported to any other clansmen’s bounds, received and maintained therein, or disposed upon, and the same come to the knowledge of the party harmed and damnified, ordains him first to require or cause require redress thereof, that the chief of the clan or chieftain of the country wherein the said goods shall be reset or remain for the space of 12 hours of his witting, to make redress and restitution of the same goods within 15 days after he be required thereto; wherein if he fails, it shall be lawful to the party harmed to call, convene and pursue the chief, captain, superiors and principals of that clan within whose bounds the goods and gear so taken shall be reset and distributed and under their protection maintained before the judge ordinary, criminally or civilly, and upon sufficient proof to be led by the party harmed that the goods were sold or disposed upon within such bounds by the witting and knowledge of the said chief, captain or superiors and principals of the clan, they being of power to have resisted the same, they to be answerable for the same goods and decreet to be given against them, with the profits thereof, likewise and in the same manner as might or should have been given against the persons, committers of the deed themselves, and executorials to pass thereupon in the appropriate form. And also, if it shall happen the party harmed by the persons, committers of such enormities, to follow and pursue his own goods and gear taken as said is for the recovery of the same, and in the relief of his own goods and gear to slay, hurt or mutilate any of the takers thereof, it is hereby expressly declared, statute and ordained that the said party harmed or his assisters and accomplices shall never be accusable of any such slaughter, mutilation or other hurt but as freely remitted and discharged in that behalf as if he had our sovereign lord’s special commission to that effect; and also ordains and declares that whatsoever persons shall happen hereafter to bear feud for any such slaughter, hurt or mutilation shall be subject to the pains and action above-written, and it shall be lawful to the party harmed to call and convene them, criminally or civilly at his option, for the said reives and oppressions in manner before specified.
Item, who brings any Scots or English thief in his company, openly or privately, to the king’s majesty’s court or burgh of Edinburgh, or requests for him to hold him back from the due punishment appointed by the law, without licence of the king, his lieutenant or warden, shall be subject to the action, criminal or civil, of him to whom the said thief has offended by theft or reive or be compelled for the same to redress as principal thief or reiver; and whatsoever English thieves shall come in any part of Scotland without licence of the king, his lieutenant or warden shall be taken and used as lawful prisoners; and whoever would avow such thieves to be their prisoners or brought in by them upon licences shall not keep them in company in the king’s court or palace or in the High Street, where his highness or his justice sit and remain, bearing weapons, but hold them in close houses, from their coming to their departing, under the pain to be reputed as favourers, fosterers and maintainers of thieves and theft and to be punished for that, according to the laws of the realm.
Item, it is statute and ordained that the justice clerk and his deputes and the king’s commissioners constituted to further justice, quietness and good rule in all shires shall diligently inquire and take up dittay of the takers up and payers of blackmail, and to make rental of the quantity thereof, and to pursue as well the takers as payers thereof at justice ayres or particular diets and do justice upon them according to the laws, and receive surety under great pains that they shall abstain in time coming.
Item, it is statute and ordained that the justice clerk shall twice in the year, namely, at 1 March and 1 September, procure the king’s majesty’s close valentines6 to be sent to the masters, landlords, bailies and chieftains of all notable villains and thieves, charging to present them either before his majesty’s self or before the justice and his deputes at the day and place to be appointed, to underlie the law, according to the laws and general bond and under the pains contained in the same; and to try what obedience be shown by the persons to whom the said valentines shall be directed; and in case of their contempt by undutiful answer to put themselves to the knowledge of an assize and administer justice upon them, according to the laws and general bond.
Item, since experience declares that the marriage of the king’s majesty’s subjects upon the daughters of the broken men and thieves of England is not only a hindrance to his majesty’s service and obedience but also to the common peace and quietness between both the realms, it is therefore statute and ordained by our sovereign lord and three estates of this present parliament that none of his subjects presume to take upon hand to marry with any English woman dwelling in the opposite marches without his highness’s express licence had and obtained to that effect under the great seal, under the pain of death and confiscation of all his goods moveable; and that this be a special point of dittay in time coming.
Item, it is statute and ordained that the wardens of the marches adjacent to England take diligent inquisition what Englishmen occupy any Scottish ground in pasturage or tillage, and they bill the persons, offenders, in that behalf against the treaties and seek redress according thereto as they will answer upon their allegiance, at their highest charge and peril and under the pain of incurring his highness’s indignation and displeasure.
Item, it is thought expedient, statute and ordained that all pledges received for the good rule and quietness of the borders shall be placed on the north side of the water of Forth, without exception or dispensation, and the pledges for the good rule of the highlands and isles to be placed on the south side of the same water of Forth; and that the justice clerk and his deputes, to whom the care of this order is committed, take special regard to the due execution hereof as they and every one of them will answer upon the execution of their offices.
Item, for relief of the landlord or bailie that shall happen to be charged for entry of his tenants or persons dwelling under his jurisdiction to underlie the law or to make redress, that he use warning and seek the order of removing against his tenants and occupiers of the ground and make them the king’s rebels within the space of 40 days after the next term, not receiving mails or duties from them in the meantime; wherein his diligence being tried and found good and sufficient by the king’s majesty and his privy council, or by his justice and his deputes, and that he performed all things that he could or that was in his power to do after the fact came to his knowledge, in that case he shall be relieved of the pain and danger of the law contained in this act.
Item, in case any landlord, bailie or chieftain of clan shall happen to be burdened with the taking and presenting to the justice of any malefactor, and that the same malefactor is fugitive from the law and refuses to relieve his landlord, bailie or chieftain, and that thereupon, according to the laws and general bond, they shall be constrained to burn the said disobedient person’s houses and to hold them, their wives and bairns off the ground, it is statute and ordained in that case that the said disobedient persons, their heirs, wives, bairns nor any others pretending right from them or by their death or occasion shall have any action, criminal of civil, for the said removing, burning or ejection, but shall be simply absolved from there and all that may follow thereupon, whenever or wherever the same shall be pursued.
Item, that such intervening persons as take upon them to be sellers of the goods of thieves or disobedient persons and clans that dare not come to public markets in lowlands themselves, whereby the execution of the acts made concerning thieves and sorners of clans is greatly impeded and defrauded, shall, for that deed, being tried culpable thereof, incur the pain of banishment and confiscation of all their goods moveable, the one half to our sovereign lord’s use and the other half to the party, apprehender and suiter.
7The roll of the names of the landlords and bailies of lands dwelling on the borders and in the highlands where broken men have dwelt and presently dwell
- [Francis Stewart], earl of Bothwell
- Laird of Ferniehirst
- [Archibald Douglas], earl of Angus
- Laird of Buccleuch
- Sheriff of Teviotdale
- Laird of Bedrule
- Laird of Wauchope
- [William Maxwell], lord Herries
- Laird of Howpasley
- George Turnbull of Hallrule
- Laird of Little Dean
- Laird of Drumlanrig
- The Laird of Chisholm
- [John Maxwell], lord Maxwell8
- The Laird of Drumlanrig
- The Laird of Johnstone
- The Laird of Applegarth
- The Laird of Holmends
- The Laird of Graitney
- [William Maxwell], lord Herries
- The Laird of Dunwoody
- The Laird of Lochinvar
Landlords and bailies
Highlands and Isles
- [Ludovic Stewart], duke of Lennox
- [Sir George Buchanan], laird of Buchanan
- [Andrew MacFarlane], laird MacFarlane of the Arrochar
- [Humphrey Colquhoun], laird of Luss
- [Aulay MacAulay], laird MacAulay of Ardencaple
- [Archibald Napier], laird of Merchiston
- [John Haldane], laird of Gleneagles
- [James Cunningham], earl of Glencairn
- [John Cunningham], laird of Drumquhassle
- [James Galbraith], laird of Culcreuch
- [George Graham], tutor of Menteith
- [William Shaw], laird of Knockhill
- Harry Shaw of Cambusmoir
- [James Kinross], laird of Kippenross
- [Michael Balfour], laird of Burleigh
- [James Stirling], laird of Keir
- [Alexander Livingston], master of Livingston
- [James Stewart], lord Doune
- [Patrick Drummond], lord Drummond
- [John Murray], laird of Tullibardine
- [Duncan Campbell], laird of Glenorchy
- [John Campbell], laird of Lawers
- [James Menzies], laird of Weem
- [James Drummond], abbot of Inchaffray
- Colin Campbell of Ardbeg
- [Colin Campbell], laird of Glenlyon
- [John Stewart], earl of Atholl
- [Thomas Stewart], laird of Grandtully
- [Donald Robertson], laird of Struan Robertson
- [John Murray], laird of Strowan Murray
- [Wemyss], laird of Wester Wemyss
- [Thomas Scott], laird of Abbotshall
- [David Maxwell], laird of Tealing
- [Patrick Ogilvy], laird of Inchmartine
- [Thomas Fotheringham], laird of Powrie Fotheringham
- [William Moncreiffe], laird of Moncreiffe
- [James Stewart], laird of Ballechin
- [John MacDuff, alias Ferguson], baron of Fandowie
- [Francis Hay], earl of Erroll
- [James Ruthven], earl of Gowrie
- [Alexander Reidheuch], laird of Cultybraggan
- [James Ogilvy], lord Ogilvy
- [Alexander Ogilvy], laird of Clova
- [David Graham], laird of Fintry
- [David Lindsay], laird of Edzell
- [John Erskine], earl of Mar
- [Alexander Elphinstone], master of Elphinstone
- [George Gordon], earl of Huntly
- [John Forbes], master of Forbes
- [John Grant of Freuchie], laird of Grant
- [Lauchlan] MacIntosh [of Dunauchton]
- [Simon Fraser], lord and [Thomas Fraser of Knockie and Strichen], tutor of Lovat Chisholm of Cummer
- [Donald MacDonald], laird of Glengarry
- [Colin] MacKenzie [of Kintail]
- [Robert Munro], laird of Foulis
- [Alexander Ross], laird of Balnagowan
- [John Urquhart of Craigfintry and Culbo], tutor of Cromarty
- [Alexander Gordon], earl of Sutherland
- [William Sutherland], laird of Duffus
- James Innes of Touchis
- [George Sinclair], earl of Caithness
- [George Keith], earl Marischal
- [Lawrence Oliphant], lord Oliphant
- [Patrick Mowat], laird of Boquhally
- [William Sinclair], laird of Dunbeath
- [Hugh] MacKay of Farr
- Torquil MacLeod of Cogeache
- [John MacKenzie], laird of Gairloch
- [Malcolm] MacGillichallum of Raasay
- [William] MacLeod of Harris
- [Lauchlan] MacKinnon of Strathardle
- [Roderick] MacLeod of Lewis
- [Roderick] MacNeil of Barra
- [John] MacIan of Ardnamurchan
- Allan MacIan of Eilean Tioram
- [Alexander MacRanald], laird of Knoydart
- [Lauchlan] MacLean of Duart
- [Ewen MacLean], laird of Ardgour
- John Stewart of the Appin
- [Dougal] MacDougall of Lorne
- [Allan] MacDougall of Raray
- [Archibald Campbell], laird of Lochnell
- [John Campbell], laird of Cawdor
- [Robert Montgomery], laird of Skelmorlie, for Rachry
- [Dougal] MacConnachy of Inverawe
- Angus MacConnell of Dunyvaig and the Glens
- [Alexander MacAlister], laird of Loup
- [John Stewart], sheriff of Bute
- [Hector Bannatyne], laird of Kames
- [Archibald Campbell], earl of Argyll
- [Duncan Campbell], laird of Auchinbreck
- [James Campbell], laird of Ardkinglas
- [Malcolm] MacNaughton [of Dunderawe]
- [Archibald] MacLauchlan [of Strathlachlan]
- [James Lamont], laird of Lamont
- [Colin Campbell], laird of Perbrak
- [John Campbell], laird of Duntrune
- [James Scrimgeour of Dudhope], constable of Dundee, laird of Glassary
- [Colin Campbell], laird of Elangreg
- [Archibald Campbell], laird of Otter
- [Hector MacLean], laird of Coll
- [John] MacLean of Lochbuie
- [Murdoch] MacFee of Collowsay
- [John Hamilton], lord Hamilton
The roll of the clans that have captains, chiefs and chieftains whom on they depend, often times against the will of their landlords, as well on the borders as highlands, and of some special persons of branches of the said clans
- Scotts of Ewesdale
- Thomsons – Thomesonis in the untranslated version
Highlands and Isles
- MacFarlanes, Arrochar
- Grahams of Menteith
- Stewart of Balquhidder
- Clan Gregor
- Clan Laren
- Campbells of Lochnell
- Campbells of Inverawe
- Clan Dowell of Lorne
- Stewart of Lorne or of Appin
- Clan MacKean of Ardvorlich
- Stewarts of Atholl and parts adjacent
- Clan Donachie in Atholl and parts adjacent
- Menzies in Atholl and Apnadull
- Clan MacThomas in Glenshee
- MacIntoshes in Atholl
- Clan Cameron
- Clan Ranald in Lochaber
- Clan Ranald of Knoydart, Moidart and Glengarry
- Clan Lewis of the Lewis
- Clan Leod of Harris
- Clan Neil
- Clan Kinnon
- Clan Ian
- Clan Chattan
- Clan Kenzie
- Clan Andrew
- Murrays in Sutherland
- 1. NAS, PA2/13, ff.105r-108v.
- 2. ‘V.’ written in margin. Sections are numbered in APS, but not in the manuscript.
- 3. APS interpolation.
- 4. APS interpolation.
- 5. APS interpolation.
- 6. A writ naming wrongdoers. Overlords and masters, also named, were expected to apprehend them.
- 7. ‘V.P.’ written in margin.
- This would appear to be John Maxwell, former earl of Morton, who resigned those lands in 1585, not William Maxwell, always styled Lord Herries.