Descendants of Andrew McBrair - Baillie in Dumfries 1384

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1. Andrew McBrair. At this time not much is known about Andrew McBrair other than he was a Baillie in Dumfries, in 1384 and is believed to have been the father of Herbert McBriar, of whom below.

Children:

2. i Herbert. Second Generation 2. Herbert McBrair d. before 1444. Burgess of Dumfries. Received a grant of the lands of Almagill in the Parish of Dalton, 1427. There is a contemporary reference to a Cuthbert McBrair, Rector of Hutton in 1438. Cuthbert may have been another son of Andrew.

Children:

3. i Robert.

4. ii Herbert.

iii John McBrair d. 1504. Schir John, murdered in Dumfries by Robert Griersoun. Nicholas accused Schir William Herries in Archbishop of Glasgows Court, 15-Jan-1503. case failed and Nicholas had "perpetual silence" imposed on him.

Third Generation 3. Robert McBrair m. Marion Rig. Robert died bef. 1486. In 1444 he receives a grant of a tenementland in Dumfries. In 1453, now provost of Dumfries, he obtains a feu of the lands of Netherwood. (The first reference to Netherwood are in a charter, circa 1345, when they are granted by King David II, together with Conheathrig. to Fergus, son of Mathew, (Robertsons Index, p32)) . On 16th January, 1453, Provost Robert McBrair resigned into the hands of Baillie Andrew Nicolson of Dumfries, all right in the acres and crofts belonging to him within the Burgh, except the Barkerland, for a yearly payment from the town of 5 Scots. The witnesses to the deed are all Dumfries men, including Alexander Martinson, William Broun, Adam Cordonar, Finlay McIlhaugh, Gilbert Walker, John Durand, John McBriar, Thomas McGray, Robert Glover, Patrick Corson, Herbert Newall and Thomas Davison. Appears as Provost 1454, 1469, 1472 and 1476-81 (Dumfries BR)

Children:

5. i Nicholas.

ii Robert McBrair. Deacon 1520 - 29

6. iii Thomas.

iv Herbert McBrair m. Agnes Grierson. Herbert died bef Apr.1496. Chaplain, Her Lady Service, married Agnes Grierson . Herbert was a bailie in Dumfries from 1471 to 1475, (EX. R. viii, p102) and again in 1488 (ibid. x. p65). In 1473 he obtained a remission for all crimes committed previously, with the exception of treason, murder and homicide. His position is attested to by the fact that the son of the Lord Maxwell paid the necessary fines. (L.H.T.A. i, p5). In 1483 he was at law with the brother of Maxwell of Carnsalloch for the driving away of oxen from Dursquhen (A.L.A. 133). In 1490 he was a witness (A.D.C. 359), and in June, 1494 had to pay Edward Maxwell of Tinwald £300(Scots) for the set of half of the lands of Drumsleit, with the milns of Brigend and Terraughtie, and half the teind sheaves of Caerlaverock, Kirkbean, Colvend, Lochrutton and Terregles (A.D.C. 334). In the same month he relieved William Lennox of Cale of 250 franks, owed by Cale to John, Bishop of the Isles, (ibid. 343). He was dead by April 1496 when his widow Agnes Grierson, his brother Nicholas McBrair then Provost of Dumfries, and Robert McBrair, also his brother, were his executors (Maxwell Inventory, p74).

7. v Katherine.

4. Herbert McBrair m. Agnes Grierson. Herbert died bef 1496.

Children:

8. i Thomas. Fourth Generation 5. Nicholas McBrair m. Elizabeth Carruthers. Nicholas died bef 1515. Provost of Dumfries in 1484 - 15121. In 1492 Provost Nicholas and other Dumfries Merchants were in Edinburgh arranging the export of a large deal of wool to Holland (Middleburg Records, Holland), possibly to be exported from Bo'ness on the Firth of Forth. In 1498 Nicol was tenant of Warrandmill, Lanarkshire2. Was appointed Tutor Thomas McBrair, son and heir of Herbert, who had died prior to Jan 1498/93. Nicholas' cousin, Schir John McBrair4 chaplain, was killed in Dumfries (Stoddart quoting Pitcairn, who gives, from the Justiciary records, the remission granted to Grierson, (which was later presented to King James IV, when he held Court at Dumfries Castle on 24th August, 1504, the court was presided over by Andrew domino Gray, Justiciar), who may have been instigated by Herries) (Pitcairn vol i, p39). Provost Nicholas, however, took proceedings in the Court of the Archbishop of Glasgow, against Schir William Herries, whom he accused of the deed, demanding canonical purgation, on 15 January, 1503 (Simon ii, 44). But the provost failed to prove the allegation, nor did hid witness appear, so at the request of Mr James Neilson, procurator for the accused, "perpetual silence" was imposed on Nicholas, with sound of bell (ibid. 45).

Nicol was a Lord of the Articles in 1504 (APS), Custumar of Dumfries, 1506-75 and received an annuity from the "fermes" of Dumfries6 One of the most serious melees in the town during this turbulent century was that of 31st July, 1508. This arose over the clash between Lord Crichton of Sanqhuar, Sheriff of Nithsdale, and the town under Provost Nicholas over the towns right to hold Courts of Blood, that is, to try assault and battery cases in the Burgh Court. The Sheriff claimed that he alone had this right, the town cited Minutes dating back to 1453 and 300 years of precedents as its right. On the third day Lord Robert Crichton rode into town with a strong body of men and had his depute, John Crichton of Hartwood, go to the Tollbooth and hold a court of "Bloodwits". The Provost objected, Hartwood denied the Burghs right , the Provost reaffirmed it and retired. In the street was the Lord Maxwell and a large body of men, together with many of the lairds of the district. Weapons were drawn and in a little while a wild melee of struggling men swung to and fro in the wide street. The Crichtons broke and fled. Three lairds were killed in the action together with several men on either side, while there were several seriously injured. Although the evidence indicates that the action started in the High Street, it became known as the Battle of The Whitesands7.

Tradition asserts that Provost Nicholas fell at Flodden, he was certainly dead by 4th July 15158 when he was succeeded by his son Roger.

1 ExR ix 297, xiii 495 2 ADC ii 243 3 ADC ii 308 4 The title Schir generally refers to a priest who has not had a full University education . These were not knights in the same way as someone holding the title Sir although the spelling is at times interchangeable. Also known as the Popes Knights after the Reformation. 5 ExR xii 468,597 6 ExR xii 468/597 7 McDowall - History of Dumfries 8 ExR (Nicholas may have married a second time, to Marion Richardson, relict of James Richardson, burgess of Edinburgh, see A.D.C. xiv., 55)

Children:

9. i Roger.

ii Janet McBrair m. John Crosbie.

10. iii William.

6. Thomas McBrair. 1520 - 21, son to Robert "elder" Possibly the Thomas Makbraire who appears as chaplain in Dumfries, witnessing a charter touching property in "le Myd-raw, Le New-werk and Le Perissoun Herbare (The Parsons Herbery or herbergage (R.M.S. 1424-1513, 3010)
The Mid Row comprised of a substantial tenement building between High St and Queensberry St, the Hol i'the Wa' Tavern is situted there. The New Wark was a tower house near teh site of the town steeple and the Parsons Herbery was situated opposite, near Long Close..

Children:

i James McBrair d. bef 1575.

11. ii Thomas.

7. Katherine McBrair m. William Johnstone.

Children:

i Herbert Johnstone. served heir to Schir Herbert McBrair, 1567 Of the other McBrairs of this generation who cannot be directly connected to the pedigree, were Alexander McBrair, 1491, who received 6/8 as his costs for appearing as a witness in a lawsuit (A.D.C. 203). "John dominick McBraare" (1494) whose lands and goods were distrained for an "unlaw" of £10 (ibid. 363) and the deceased Cuthbert McBrare, son natural of the late Robert McBrare in Dumfries, whose goods, owing to his bastardy, were granted to John Goldsmycht, of the Chappell in 1499 (R.S.S. i, 411). In 1504 a Gilbert McBrair witnessed several ecclesiastical documents at Glasgow (Simon ii, 76). In 1509 two chaplains named Thomas and James McBrair witnessed the Gledstanes charter to St. Michaels. In 1510 there is mention of the late Herbert McBrair (R.M.S. 1424-1513, 3513). In 1512 a Duncan McBraer witnessed a document in the manse of Kirkbean, whilst in 1528 Thomas McBrare, burgess, received 250 merks from John Grierson of Lag, to hold on behalf of James Gordon of Lochinvar (Living. 1026) In 1529 Thomas and Robert McBrair, brothers, witness the Logan charter (R.M.S. 1513-46, 862) In 1534 Master Herbert McBrair, chaplain, witnessed a Maxwell sasine (Maxwell Inventory, 163), whilst a James McBrair, chaplain, did the same in 1539 (ibid. 184)1

1 Edgar - Introduction To THe History of Dumfries

8. Thomas McBrair d. bef 1562. 1532, d p 1562

Children:

i Thomas McBrair. in Larripotts, 31 August, 1562 Fifth Generation 9. Roger McBrair d. bef 1549. Provost 1515 - 40

Children:

12. i John. 10. William McBrair. in Conheathrigg.

Children:

i William McBrair. Made burgess in March 1534. 11. Thomas McBrair m. Katherine Kirkhaught. Thomas died bef 1575.

Children:

i John McBrair. 1575, served heir to his uncle James. Possibly Schir John McBrair, the reformation priest? Another member of the family at this time was Friar John McBrair, who was confined in Hamilton Castle in 1550, the Laird of Bar being his surety. (L.H.T. Acc. ix 459). Stoddart says that he was a heretic and had been canon of Glenluce. At any rate he fled to England on his escape and became vicar of St. Nicholas, Newcastle, dying there in 1584.
Sixth Generation 12. John McBrair m. Margaret Maxwell. John died 0-Feb-1561. On 25th November, 1549, the family obtained a further accession of lands in the shape of a feu from the Town Council to Provost John of certain lands which his ancestors had held in tack "beyond the memory of man". The charter gives the family pedigree for five generations stating that Herbert, Robert and Nicholas were ancestors of Roger and his son John, and that all had been provosts of Dumfries. The lands feued are fully described and consist of The Mains, an oxgang of land adjoining the vicarage, Over Netherwood , lands in Conheathrig and Spitalfields held by the late William McBriar, 4 acres called Ryallsfield, 3 burgh acres within the bounds of Wetslakis, a mill in the burgh. (R.M.S. 1546-80, 556) On the 4th of April, 1552, John McBrair, Provost of Dumfries, appeared as Commissioner for the Town at the Convention of Royal Burghs in Edinburgh. In 1558 the lands of Drumganes and 7 acres of Conheath acquired (McDowall's Lincluden 128). The family obtained a further footing in the town of Dumfries on the 5th of January, 1561, when a charter of a portion of the Church lands in Dumfries was obtained by Provost John who died that Feb. 1561. Numerous other lands belonging to the Greyfriars were also obtained by the family at this time (Moir Bryce)

Children:

13. i Archibald b. December 1547.

ii Marion McBrair. Burgh Court Booksm 15 Oct 1561

Seventh Generation 13. Archibald McBrair b. December 1547, m. 0-Dec-1567, Agnes Grierson, (daughter of Roger Griersoune of Lag and Egidia Kennedy, Lady of Lag). When his father died Archibald was still a minor and we see other families occupying the provostship till Archibald came of age. Indeed he did not even wait till then, being elected Provost in September, 1568, three months before he legally became of age. In 1570 Provost Archibald and Bailie James Rig were Dumfries' representatives at the Convention of Royal Burghs. Provost Archibald in fact represented teh burgh on three occaisions between 1570 and 1579(1).
In December, 1573, Provost Archibald was retoured heir (2) to his great-grandfather William, in the 100/- lands of Almagill, in Meikle Dalton, and the three husbandlands in the town of Little Dalton, called Hallidayhill (Inquis Spec.)(3) This appears to be a mistake as Nicholas was his great-grandfather. Indeed the only William McBrair was probably Archibalds grand-uncle , having been tenant of Conheathrig, and dead by 1549(4) (R.M.S. 1546-80, 556). In 1588 Archibald and his wife Agnes granted a reversion of an annual rent to William, Lord Herries, to which document Archibalds seal is still attached (Maxwell Inventory, 267). His second son John obtained a feu of the 5 merkland of Conheathrig, see below.

Served as Commissioner to Parliament in 1579(5) and 1581 (6).

On the evening of 1st April, 1587, the evening before the King was due to enter Dumfries, the provost slew Archibald Newall, a burgess. The murder was regarded as particularly atrocious as Newall was alone, unarmed and without any kind of armour, the body being thrown into the River Nith. His widow, Eister (Esther) Hill clamoured for justice, the moment and place being seen as a deliberate insult to the Royal person. (R.P.C. IV 172). Provost Archibald fled the burgh but was arrested and taken to Edinburgh for trial. He was sentenced to be executed at the Market Cross, by St. Giles, in Edinburgh in January of 1588. As part of the judgement passed he was forfeit and his lands, goods and chattels were seized(7).

Until recently it was believed that Provost Archibald had been executed, but recent research into the records of Dumfries Town Council(8) have revealed that Archibald was held in ward for a number of years, presumably in Edinburgh, and that he returned to Dumfries. As he no longer owned any property, nor held any office he effectively disappears from public record. In his absence Herbert Raining had been appointed as Provost and it would appear that Archibald and he were at loggerheads over matters arising from the earlier trial. This effectively ended the families monopoly of the provostship of Dumfries, however, various descendants of the McBrairs subsequently held the post.

(1) Convention of Burghs i. 16-80
(2) Retours, Dumfries, 8
(3) "Archibald McBrayre praepositus de Drumfreis. Haeres - William M'Brayre - Almagill. In 3 terris husbandiis in villa de Littil Daltoun. Land of Almagill in parish of Daltoun Magna, extendentibus ad 100 solidatas terratum antiqui extentus, infra senescallatum Vallis Annandiae"
(4) Given that any person will have at least 8 great grandparents, this may not be the only explanation.
(5) Called "Patrick" on the Parlaimentary Roll of 1579. Young - Parliament.
(6) Young - Parliament of Scotland
(7) Pitcairn - Criminal Trials i. 2 158. (8) Transcription of the Records of Dumfries Town Council by Mr A Truckell

Children:

14. i Robert Archibald.

ii John McBrair. In 1592 obtained Royal feu of the 5 merkland of Conheathrig, between Kelwode- Gledstaines on the East, Nethirwode on the s. and W. and the Mains to the N. which was formerly part of the patrimony of the Archbishop of Glasgow. 1594 heir to his younger brother Thomas in a rent of £20 from the land of Meikle Culmen in the half barony of Urr, Thomas having witnessed a declaration of summons in 1581 and having been implicated in Mortons rebellion in 15851.

1 RMS. v. 2194

iii William McBrair.

iv Thomas McBrair d. bef 1593. Murdered by a Cunningham. Involved in Mortons rebellion, 1585.

At around this period we find references to Robert, son of late Thomas, bailie of Dumfries, being placed as an apprentice with John Scott, chirurgeon, Edinburgh. Unfortunately I have been unable to positively connect him with the Thomas mentioned above( Edinburgh Register of Apprentices, 1583-1666. S.R.O.)

v Archibald McBrair.

vi James McBrair.

Eighth Generation 14. Robert Archibald McBrair m. Margaret Murray, (daughter of Charles Murray and Margaret Somerville). Robert died 28-Oct-1639. In 1590, whilst still a minor he started a successful action to recover the lands, goods and properties forfeit by his father, on the grounds that he was effectively being punished for his fathers crimes. (Stoddart) (R.P.C. iv 295). He eventually succeeds his father in 1591(1). In 1595 he was at variance with Cuthbert Grierson of Hallidayhill, concerning his tenants at Drumganie, both sides finding sureties (R.P.C. v 253). In December 1597 he has sasine of the lands of Spittalfields, formerly held in chief form the Minorite Friars of Kirkcudbright (Ex R. xxiii 472, also Moir Bryce). Served as Provost 1598-9, in that November electors were instructed to continue him in that office, which charge they had "contemptandly dissobayit" (R.P.C. vi. 39). In 1602 he was in trouble with Carruthers of Holmains, having ejected some of that family who were his tenants at Almagill (R.P.C. vi 356). This seem s to have been connected with the prolonged legal proceedings between the two families over those properties. In February 1604 he was retoured heir to his great-great-grandfather Nicholas, in 14 acres of land in Little Dalton (Inquis Spec.). He was tacksman of the teinds of Annan in 1611 (A.P.C. 860), and in 1613 and 1623 was a J.P(2).
In 1626 he is mentioned in a report that "as to the persons of Dumfries, they are for the most part, burgesses and travellers and other honest men, except Robert McBrair of Almagill and Mathew Hairstanes of the Craigs" (R.P.C. i, 2nd series, 675). Was Commissioner to the Convention of Estates in 1630. In 1628 he reported the submissions of the tiend buyers of Dumfries(3). In 1630 he is suggested as a judge in a trial for illegal sheepmarking (R.P.C. iv, series 2, 17), probably in his capacity as Sheriff Deputy, which position he held as early as 1619, when he was in open conflict with the then provost and baillies about prison conditions,(R.P.C. xii 100, 1 RPC, vii 40). He figured again as J.P. in 1634 and 1636 (R.P.C.. v series 2, 381). In December 1635, in conjunction with his 3rd son David, he received a charter of the lands of Kenmure and others in Dalry (R.M.S. 1634-51, 442).

Robert McBrair of Almagill died on the 28th October, 1639 (4), whilst riding before Dame Elizabeth Beaumont, Countess of Nithsdale, the mother of Jean Maxwell who married his eldest son, John. (Aitken MSS).

Undernoted are two letters from the Book of Caerlaverock which refer to the above Robert McBrair, and which give a feel for the times.

Letter from Sir Thomas Hope, Lord Advocate, to Robert, 1st Earl of Nithsdale.

Edinburgh, 4 Feb. 1634 PLEASE ZOUR LORDSHIP - I ressauit your Lordships of penult of January, and hes conferrit with the Erll of Annandaill thairanent, and findis him very willing to schune all contestatioun with zour Lordship, providing he resave in possessioun, he seis not how he can haif richt till that widsett be renunceit, and the possessioun be delyveret to him, quhilk I wische zour Lourdship sould procuir, seeing it standis widsett for 7,000 merks; and zour Lordship may giff the lady, zour Mother, securitie of uther landes and sum off your friendis to be bund for payment of her dewties. I spake the Erll anent the diamond, quho sayis to me that he hes it not, but that it was ingadgit at London be zour Lordships ernest entreaty, to a man in Londoun fur ijc. lb Sterling, for quilk, and the annuels thairoff his landis in Ingland ar distreinzit, and quhil he pay the money, he can not haif the diamond. But he will gif quhat suretie zour Lordship pleases. (sa sone as the security is perfyte to him) to cause the diamond to be delyuerit to zour Lorship. I delt with my Lord to know if he be of mind to dispose theis lands quhilk zour Lordship disponit to him, quho answerit that willinglie, but that he ca haif none to tak tham off his handis till he gett surety from zour Lordship, and he is resoluit in selling thairof to lose 3,000 merks of the pryce for present money. This is all that I can work with him, and I humblie intreit zour Lordship to remember the auld and trew freindship hes ben betwix zow, and lett not matteris go to any extremitie for laik of dewtie in zour Lordships pairt, quhilk wilbe still in pyrel to faill if zour Lordship mak not theis landis freie of your mothers widsett.

Asto the signatour past in favores of my Lord Johnstoun, that reservation zour Lordship writtis of wes urgit, but could not be had unfixit. The signator did aggrie, word be word, to the infeftments made to the Earl of Mortoun, upon quhais resignation the servis procydes. Butt zour Lordship is not prejudgit, for if zour Lordship haif rycht, this infestment past to the Lord Johnstoun does not preiudge zour Lordship.

My Lord, I am so assayit to haif zou haid with the good Erl of Annandail, that I must humblie entret zour Lorship to haif care that that widsett may be purgitt, and I trust efter that to keep zour Lordship and him in the mutual respect and deutie quhilk ather if yow aucht to utheris. And nather of zow hes samony freindis in this old world that ze haif reasoun to suffer any dissoluotion of that true freindship quhilk hes bene so long betuix zou. So with my humble service, I rest zour Lords humble and bund servitor, Thomas Hope

Since the writing heirof, I haif so ernestlie presset the Erl of Annandail that he hes promisit to send for Robert McBriar and the Laird of Lag is heir, and if zour Lordship send zour Lordhsips friendid ones betuix and the 13 of Februar, I sall move a new meeting. Gif Robert McBrair come not, my Lord sall mak chose of annother for him.

To the Rycht Nobill Erll, My Lord, The Erll of Nithisdail.

From "The Book of Caerlaverock", Volume II, 131.

Letter from George, 2nd Marquis of Huntly to Robert, 1st Earl Nithsdale

Hampton Court, 19th Julye, [1640] My noble Lord, though the delyverye of these to your Lordships handes must needs be very uncertain, in regarding of what wee heare anent the beleaguiring of your house, yet I would not let Mr McBrear goe without this testimonye of my best wishes in your Lordships behalf, as lykewise to show you that, for anything I know, the King is noblye constant to right his owne honour, and not to neglect any man who hath in these late occasiones expressed a sincere fidelyte to his Majesties service, which is all that can be at such a tyme sayd unto you, by,

Your Lordships affectioniate and loving servant

Huntly

For the Right Honourable, my noble Lord, the Earl of Nithsdale, these

From "The Book of Caerlaverock" vII, p135

Of his three recorded sons, John, the eldest, had been appointed in 1624 to assist the justiciary Courts (R.P.C. xiii 482). He was a prominent Papist and was excommunicated in 1627(5), by the Convention of the Estates. The lieges were warned not to reset him, and again the following year he was prosecuted (R.P.C. ii, series 2, 203). As late as 1641 he was mentioned as a delinquent (R.P.C. ii, series 2, 510). In August 1643, he was heir to his immediate younger brother Robert (Inquis Spec.).

(1) ExR. xxxii. 451 - 2
(2) R.P.C.. xiii 343, x 73, 2 RPC v. 380, vi 300.
(3) 2 RPC ii 310
(4) Dumf. Com. 17 June 1642
(5) 2 RPC ii 128

Children:

15. i John.

ii Robert McBrair.

16. iii Agness.

17. iv David.

Ninth Generation 15. John McBrair m. 12-Feb-1634, Jean Maxwell, (daughter of Robert Maxwell, Earl Nithsdale, and Elizabeth Beaumont) d. Sep-1649, Dumfries, buried: 28-Sep-1649, Dumfries, St Michaels. Servitor to William Maxwell of Gribton, May 1610. Involved with him in the raid on Newbie 1605. John was dead by April 1646, when his brother David was appointed tutor to his children (Inquis de Tut), he married on the 12th Feb, 16341, Jean Maxwell, the Lady Middlebie, the younger daughter of Robert Maxwell, Earl of Nithsdale2 and Dame Elizabeth Beaumont, Countess Nithsdale. Jean married a second time, to Roger Kirkpatrick. She died September 1649, in Dumfries, and was buried 28-Sep-1649, Dumfries, St Michaels

(Both the Book of Caerlaverock and Alicia Frasers "Avenue of Ancestors" refer to Jean Maxwell but indicate that she died without marrying and without issue. However, Edgar's Pedigree clearly identifies her as the daughter of the Earl Nithsdale. There are numerous sasine entries and testimonials naming her as Jean Maxwell, daughter of Robert, Earl of Nithsdale, and she appears in the Kirk Session Records as the widow of John Maxwell, when her intended marriage to Roger Kirkpatrick is announced. Shortly, (two weeks) prior to her death she is summoned to appear in front of the Kirk to explain her constant dishaunting of the Kirk, under pain of excommunication etc. I feel that the earlier omission may be due to Mrs Fraser drawing on the pedigree drawn in the Caerlaverock Book, which is, to say the least, cluttered at this period. Her entry on the IGI is under Jeane [Maxwell or McBraire]..)

Children:

18. i Robert.

ii Agnes McBrair.

iii Elizabeth McBrair.

iv John McBrair.

16. Agness McBrair m. 03-AUG-1621, in Dumfries, Robert Crichton of Ryehill, (son of William Crichton and Katherine Carmichael) d. bef 1642. Appointed tutor to his brother Johns children, see above, in the retour he is described as "of Almagill", however, Almagill and Netherwood never belonged to him though Newwark did. The designation "of Almagill" was either a courtesy during the minority of his nephew, or an assertion of his claim to the estate under a forged disposition made two hours after the death of his brother John, who had never been invest in the properties. (Aitken MSS). In any case, as may be seen from the Barjarg MSS and the Holmains Papers, the family scarcely had a hold on Almagill at this time. In February David and his wife Sophia Crichton, and their son Robert, obtained a grant of the barony of Kirkpatrick Irongray and other lands resigned by Thomas Rome of Cluden, which were incorporated into the free barony of Newwark (R.M.S. 1634-51, 1915). In the event of the failure of male heirs the estate was to revert to David's nephew Robert. The "Laird of Almagill" is named as Commissioner to Parliament for Dumfries in 1646-71 and 1648-51. Had a charter of lands erected into the barony of Newark, 11 Feb 1648 (RMS ix 1915). Was cautioner for James Hairstanes, 1644 and 1645 (APS). Served on the Committee of Warr, 1647 and 1648 (ibid). On teh Committee of Estates 1648 (ibid). A Commissioner of Supply 1661 (ibid). On the death of his nephew, Robert, David ejected his widow and son from the estate of Netherwood, was sued in Parlaiment but won his case subject to aliment of £500 per year (ibid) David McBrair was soon in difficulties owing to the Civil War and also to his having been cautioner for the Earl of Annandale and Sir Robert Murray of Cockpool (Stoddart). In 1653 Newwark and Kirkpatrick Irongray were appraised for 4,000 merks by Robert Graham, late bailie and Jean Douglas, his wife (R.M.S. 1652-59, 111), whilst the 320 lands of Cluden and Duncow went to John Crichton of Crawfordton (ibid. 536). David was commissioner for the Estates for the Stewartry, 1661 and Sheriff Depute of Dumfries, 1663 (3 RPC i 662) Was granted protection of Parliament in 1663 (APS) . In the Dumfries Testaments we find a bond between John Walker, of Woodhead i Clouden, for £40 to David McBrair of Newark. Dated 17th June, 1656, the bond is witnessed by James Crichton, brother to Sir Robert Crichton of Glenmure and Edward Kirkpatrick in Richane. By 1663 he was in arrears with his payment to the Exchequer (R.P.C. i, series 3, 328) and in 1665 he had to relinquish his office, having gone to Ireland (R.P.C. ii, 3rd series, 58). At the British Museum there is a letter from him to Charles I on his marriage, and a deposition on billeting in 1663. He came to a tragic end, being mistaken and killed for a Covenanter in 16672 whilst in hiding from his creditors (D&GNHAS 1911-12). The murderer was at once arrested and hung at Dumfries.

Amongst the Town Charters is the following warrant:-

"Dumfries, 31 May 1667 - these requyreth you in his Majesties name to have ane company of foot belonging to your town, armed the best way they can be boden, to be by 10 of the clok this date at your counsel stair foot, to receave the person of Jon Gordoun, now in your gauld, and to guard him from thence, put to a tryall for the confessed murdering of David Mcbrair, and gif he sal be found guiltie and adjudged to die, let the said company attend the execution and do such dewtie as is usual for guarden to do in such caices. This ye sall not faill to do as ye will be ansuerable."

signed Annandail, Drumlanrig

(Aitken MSS)

1 P. Ret. 565 and 569 2 3 RPC ii 406 Had sasine of land in Ayrshire, 23 Feb 1656 (v9/13,Ayr) May be the Agnes Gordon, Lady Netherwood recorded in the burial registers of St Michaels Church, Dumfries, who died/ was buried 30th May, 1699

Children:

19. i Robert.

ii James Crichton.

iii John Crichton.

iv Margaret Crichton.

20. v Elizabeth.

vi Catherine Crichton.

vii Isobel Crichton.

17. David McBrair m. 02-OCT-1641, Sophia Crichton, (daughter of James Crichton). David died 0-___-1667. 6 Oct 1640, Thomas Thomson in Richorne appeared before the Commitee of Estates and stated that he was delivering 2 horses of David McBriars (sic) which were left in his keeping whilst Mcbriar was out of the country. On his return McBriar would pay Thomsons outlay.

Children:

21. i Robert.

ii Margaret McBrair b. 1649.

iii Thomas McBrair b. 1648.

Tenth Generation 18. Robert McBrair m. Marion Maxwell. Robert died 0-Sep-1655. A minor when his father died in 1644, Robert himself died in September 1655 or 1657 (Dumfries Testaments) whilst still a minor. There is a bond drawn up between him and Thomas Gladstone, writer in Edinburgh, for £100 Scots, dated 21st June 1656. It was witnessed by Mark Herries, Roberts servitor and John Maxwell, his brother in law. A further bond, between him and Thomas Gladstones, W.S. Edin., for £238 Scots, was drawn up on the 26th October, 1655. As cautioner we find Janet Laurie, relict of John Irving, late provost and her sons, Francis and Stephen Irving. The witnesses are Roger Kirkpatrick, baillie, Thomas Crawford, notary John Grierson, messenger and William Edgar(Possibly the uncle of Robert Edgar, author of the "Introduction to the History of Dumfries", who was married to the daughter of Thomas McBrair, late burgess of Dumfries).

. Robert was succeeded by his son, born post humously and his wife, Marion Maxwell, had to take action against David of Newark over the forged disposition previously detailed. On 15th February, 1655 she forced, by decree, David to remove himself from Netherwood, Rigside, Richerne etc., save so much as would satisfy him with an income of 600 merks yearly from Almagill and Hallidayhill. The widow and her relatives forcibly ejected David from Almagill (R.P.C. i, series 3, 239) and broke open Castledyke where David dwelt, doing considerable damage (ibid 246). Two years later the pugnacious widow turned her attention to Netherwood, forcibly ejecting some tenants of Sir Robert Murray of Glenmuir, who claimed possession by tack from Robert McBrair. The widow then held the house of Netherwood with armed men, "as it were a garrison" and destroyed what she could, including 11 hives of bees. (R.P.C. i, series 3, 590).

Children:

22. i Robert b. bef 1664. 19. Robert Crichton d. 1700. succeeded his father, Sir Robert of Ryehill. By deed of Tailze by James, 2nd Earl of Annandale, he changed his name to Murray. Sir Robert Murray, alias Crichton, died in 1700, in which year, 15th September, there is a deed in which his two daughters are named as co-heiresses.

Children:

i Jean Murray b. BEF 15-Sep-1700, m. George Stirling.

ii Anna Murray b. BEF 15-Sep-1700, m. James Murray.

20. Elizabeth Crichton m. John Irving, (son of John Irving and Janet Laurie). Provost of Dumfries 1661-5 & 1668-73. Served as Provost of Dumfries, 1661-2-3-4-5 and 1668-9-70-1-2-3 "John of Friars Carse was Provost and M.P. often. He was first made Provost in 1660, after the Restoration, as a strong supporter of the King. He was in the first nomination of J.P.'s in Scotland, as a landed gentleman"

John Beaufin Irving - Book of The Irvings

Children: i John Irving. Baillie, 1688

23. ii Janet.

24. iii Margaret.

21. Robert McBrair , wife unknown, although he had children by Elizabeth Mure. of Newwark, was a cautioner in 1675 (R.P.C. iv series 3, 657) and with his cousin, Robert of Netherwood, figured in a bond of 1683 (Nithsdale Inventory, 67).

On the 8th of October, 1656, there is a bond entered between David McBrair, of Newark, and John Murray, merchant burgess of Dumfries, and Elizabeth Mure, his (John's) spouse, for the sum of £12 and other sums, taking on him, (David?), the obligation of Robert McBrair of Almagill, his nephew and Thomas McBrair, his natural son by Elizabeth Mure, relict of Andrew Lisle, physician. This is witnessed by James Welsh merchant burgess of Dumfries and Thomas Goldie, writer there.

Children by :

i John McBriar.

ii Susie McBrair.

25. iii David.

Children by Elizabeth Mure:

iv Thomas.

Eleventh Generation 22. Robert McBrair b. bef 1664, d. August 1711, buried: 23 Aug 1711, St Michaels, Dumfries. In March, 1664 Robert was served heir to his great grandfather, Robert McBrair, in Netherwood, Almagill and the Stewartry properties (Inquis Spec), but not, of course in Newwark. He was delivered to John Maxwell of Barncleuch, the town clerk, for his education, on which 600 merks yearly was ordered to be spent (R.P.C. ii, series 3, 569), which payment was reduced to 500 merks on appeal of his tutor dative, Robert of Newwark (R.P.C. iii, series 3, 66)

The following list of lands belonging to Robert McBrair on the 10th of January, 1666 gives an indication of the position of the family in Dumfries society at that time:

"The five pound land of Over and Nether Almagill, with the two husbandland of Hallidayhill; the one merk land of Cluserd; the five merk land of Little and Meikle Cloaks; two merks of the four merk land of Corsenloch (parishes of Urr and Colvend); the five pound land of Nether Rickhorne; the half merk land of Glenshalloch; the twenty shilling land of Auchrinnies; the two merk land of Little Rickhorne, the forty pound land of Over and Netherwood, and Long Holm, held of the Crown; part of the twenty pound land of Rigside, with the mill and salmon fishing; the lands of Spitalfields, with the salmon fishing formerly belonging to the Friars Minor of Dumfries, holding of the Crown; four acres of land lying between the Doocot of Castledykes, on the south of the burgh of Dumfries - Sinclairs tenement on the north, King's High Street on the East, and the River Nith on the West; and two merks of the fifteen merks of the Kirkland of Dumfries, feu of the King" In the Kirk Session Records for the 28th November, 1696, there is an entry relating to the forthcoming marriage of Edward Hetherington and Marion Charters, servants to Robert McBrair of Netherwood, who married on the 17th December following. By 1707 Robert was living at Castledykes, between Kingholm and Dumfries proper. Amongst the Town Charters is a disposition by Robert McBrair of Netherwood to teh Provost and Town Council of Dumfries, of all and haill those 4 acres of land, or thereby, with the braes adjacent to, betwixt Sinclairs Vennel on the North, the brink of the water of Nith on the West, the little yard lately taken in by the vendor off the south corner of the said 4 acres to the south, and the Queens High Road on the East, with the teynds etc. thereof, together with his lands of Castledykes, holden of the Burgh, in free burgage for service of Burgh due and wont. There is a clause of warrandice. The witnesses are Robert Boyd, writer, Dumfries and Joseph Corrie, servitor to John Lanrick, of Terrery. The value of the lands transferred was 11,000 merks.

from McDowalls "History Of Dumfries"

McBrair also held the salmon fishing rights (by net and coble) on the water of Nith, as previously mentioned, thesewere subject to an enquiry on Letters of Horning raised by the Town Council against [John] Maxwell of Barncleuch, who was in possession of the McBrair lands and fishings in 1709 / 10.

from Edgar’s Introduction to the History of Dumfries

Children: 26. i Alexander.

ii John McBrair.

iii Janet McBrair.

iv Agnes McBrair d. December 1690, buried: 12 Dec 1690, St Michaels, Dumfries.

v Joan McBrair.

27. vi Robert.

vii Anna McBrair d. October 1690, buried: 10 Oct 1690, St Michaels, Dumfries.

viii William McBrair d. January 1695, buried: 14 Jan 1695, St Michaels, Dumfries.

ix James McBrair d. June 1690, buried: 4 Jun 1690, St Michaels, Dumfries.

x John McBrair d. April 1690, buried: 12 Apr 1690, St Michaels, Dumfries.

23. Janet Irving m. Alexander Maxwell, (son of James Maxwell, of Breconside and Margaret Vans) d. 10-Oct-1701. Issue by her at Alexanders death was "eight small infants" Alexander: of Park of Dalbeattie and Terraughty

Children:

28. i William b. 1689.

29. ii Charles b. 28-Jul-1700.

iii Catherine Maxwell m. Robert Neilson. Catherine died 1758, Kirkpatrick Durham.

iv Elizabeth Maxwell d. ob inf.

v Lucy Maxwell d. 1764.

vi Margaret Maxwell d. ob inf.

vii Mary Maxwell d. ob inf.

viii Rachel Maxwell.

ix Winifred Maxwell d. 5-Aug-1787, Dumfries.

24. Margaret Irving m. 1665, John Maxwell, (son of John Maxwell and Agnes Irving). John Maxwell of Barncleuch, her cousin. John Irving, father of John of Friars Carse, spouse of Elizabeth Crichton, married Janet Laurie, daughter of Stephen Laurie of Maxwelton (great-grand father of Annie Laurie of the song). He, John Irving (Senior), died circa 1650 leaving issue: John, Francis, Stephen and Agnes, who married secondly Robert Maxwell of Carnsalloch, but first, in 1637, John Maxwell of Barncleuch, son of Thomas, younger son of John Maxwell of Kirkconnell. and it was their son, John Maxwell of Barncleuch, who marries Margaret Irving, in 1665. "So many families of distinction in Galloway and Dumfriesshire are connected by blood or marriage with the Maxwells of Barncleuch, that the following genealogical note may be deemed interesting. Thomas Maxwell, merchant burgess in Dumfries at the end of the sixteenth century, was a younger son of Maxwell of Kirkconnell. Thomas married Agnes Rig, whose father was a notary in Dumfries. John, their son and heir, married in 1637 Agnes Irving, daughter of John Irving. On the 7th of July, 1638, he obtained from George Rome of Irongray a wadsett right of the lands of Barncleuch and others. Agnes Irving survived her husband, and married secondly Robert Maxwell of Carnsalloch ; and it was their son who became Provost in the curious circumstances described in the text. Provost Maxwell married Margaret, daughter of John Irving (Provost of Dumfries in 1661-2-3-4-5 and again in 1668-9-70-1-2-3), by Elizabeth Crichton, his wife, who was daughter of Sir Robert Crichton of Ryehill, a brother of the Earl of Dumfries. James Maxwell, eldest son of the Provost, married Janet Carruthers, a widow, whose first husband was Alexander Johnstone. He married secondly, Mary, daughter of Dr. James Wellwood, a distinguished member of the College of Physicians, London, and whose father, of the same name, was parish minister of Tundergarth. By his second wife, James had Barbara Maxwell, who married James Johnstone, brother of Thomas Johnstone of Clauchrie, a cadet branch of the Westerhall family, Annandale. Wellwood Johnstone, born in 1747, youngest and only surviving son of James Johnstone and Barbara Wellwood, succeeded in 1776 as Wellwood Maxwell of Barncleuch, on the death of James Maxwell of Barncleuch, son of Wellwoods grandfather by the first marriage. Wellwood Maxwell (or Johnstone) married Catherine, daughter of John Maxwell of Terraughtie. He died in 1833, leaving five sons, John, Wellwood, Alexander, William and George, and three daughters, Agnes, Mary, and Catherine. John, the eldest, born in 1784, married in 1815 his cousin, Clementina Herries Maxwell, heiress of Munches, and died in 1843, leaving a son, Wellwood Herries Maxwell, born in 1817, now of Munches, and Member of Parliament for the Stewartry and Kirkcudbright1. He married, in 1844, Jane Home, eldest daughter of Sir William Jardine, Bart., the eminent naturalist, and chief of the ancient family of Applegarth. Wellwood, Alexander, and George carried on business together as merchants in Liverpool. The latter, who was the proprietor of Glenlee, and unsuccessfully contested the representation of the Stewartry in 1857, died in 1858. The two other brothers, Wellwood Maxwell of The Grove, and Alexander Maxwell of Glengaber, after amassing a fortune, spent the autumn of their honourable and useful lives together at The Grove, and died within a few months of each other, in 1867. William, a Liverpool merchant, and Catherine, now Mrs Davis, still survive."

From McDowalls "History Of Dumfries"

Died 13th August, 1900, aged 82, and succeeded by his son William Jardine Herries Maxwell, M.P. for Dumfriesshire. John married his cousin, Margaret Irving, daughter of John Irving of Friars Carse and Elizabeth Crichton. 8/12/1696, Margaret and John Maxwell have sasine, in liferent, of Glensalloch and Auchinnies (Auchtines) in the Parish of Urr. Their son, James, had feu. Children: 30. i James.

31. ii Mary.

25. David McBrair m. 15-APR-1675, in Dumfries, Jean Douglas, d. July 1711, buried: 6 Jul 1711, St Michaels, Dumfries. David died bef 1711.

Children:

i Jean McBraire b. 1676.

ii Robert McBrair b. 1677.

Twelfth Generation 26. Alexander McBrair m. 25-Nov-1719, in Bewcastle, Susan Rome, (daughter of Thomas Rome and Margaret Edgar). Alexander died Jan 1738, buried: 5 Jan 1738, St Michaels, Dumfries. Wadset, 21/9/1730, Alexander had sasine of the 6 merk lands of Glenshalloch, alias Waterside, and Auchinnies etc, in the Parish of Urr. On 18/2/1734 these passed to the Copeland family. Succeeded his father in Little and Meikle Cloak, Par. Colvend. 21 Sep 1730 Susan: Served, 11-Jun-1757 as" Heir of line & Provision General" Widow of Alexander McBrair of Netherwood, heir to her brother Thomas Rome of Clouden.

Children:

i Robert McBrair d. 1740, buried: 10 Sep 1740, St Michaels, Dumfries. The Directory of Land Ownership in Scotland c1770 values Orchardknowes at £42.10.00 and has it in the possession of a Robert McBrair

ii Thomas McBrair d. bef 1786.

iii Wilhelmina McBrair d. 23-Oct-1796.

iv James McBrair d. BEF 1786.

32. v Agnes.

33. vi William b. 1735.

vii Susan (Sophia) McBrair d. 1738, buried: 15 Mar 1738, St Michaels, Dumfries.

viii Janet McBrair d. 1729, buried: 1 May 1729, St Michaels, Dumfries.

27. Robert McBrair m. 25 Nov 1715, in Glasgow, Margaret Pettigrew, (daughter of John Pettigrew, MA. and Marion Dunlop). Robert is described as laird of Netherwood in 1727. Robert M'Brayer - Merchant, Burgess and Guild Brother, as married to Margaret, lawful daughter of the deceased Mr John Pettigrew, Minister of Govan, Burgess and Guild Brother, gratis, conform to adt of council dated 2 Oct and 5 Oct, 1738"

From "The Burgesses and Guild Brethren of Glasgow 1573 - 1750" SRO, 1925

MacBraires of Tweedhill and Broadmeadows, Berwickshire, "the immediate descendants of Robert, son of Thomas MacBrair of Newark, a younger brother of the laird of Netherwood in the early 16th century ... Robert MacBraire settled in Edinburgh as a merchant around 1560 and he and his successors for 4 generations continued to reside there.

Robert, great great grandson of the above Robert, and eldest son of John, merchant and burgess in Edinburgh, settled in Glasgow and married on the 25th November, 1715, Margaret, eldest daughter of Rev. John Pettogrew, a well known personage, an author and wit of his day.

Burkes Dictionary of the Landed Gentry, 1847

Children: i Janet McBrair.

ii James McBrair b. aft 1715.

iii Robert McBrair b. aft 1715.

iv Thomas McBrair b. aft 1715.

34. v John b. aft 1715.

vi Charles McBrair b. aft 1715.

vii Robina McBrair b. aft 1715.

viii Marion McBrair b. aft 1715.

ix Grizell McBrair b. aft 1715.

28. William Maxwell b. 1689, m. (1) Barbara Maxwell, (daughter of George Maxwell of Munches and Agnes Maxwell) m. (2) Agnes Maxwell, d. 1771. William died 16-May-1772. Was with Prince Charles Edward Stuart at Culloden, 1745, afterwards a prisoner in Carlisle Castle, from where he escaped.

Children by Barbara Maxwell:

i Anna Maxwell d. 1820.

Children by Agnes Maxwell:

35. ii George b. 1738.

iii Marion Maxwell. Received a Bond of Provision from her brother on 16th September 1777, and her half sister, Ann, made awill in her favour in 1800.

iv Agnes Maxwell. Received a Bond of Provision from her brother on 16th September 1777

29. Charles Maxwell b. 28-Jul-1700, Terraughty, m. Miss McBrair. Charles died London.

Children:

i William Maxwell. Went to New York, married and had family

36. ii Robert.

iii Margaret Maxwell d. 1758, London.

37. iv Charles.

30. James Maxwell m. (1) Janet Carruthers, m. (2) Mary Wellwood. Had feu of the lands of Glensalloch, etc. Mary: daughter of Dr James Wellwood, member of the College of Physicians in London, whose father, also James, was the minister at Tundergarth.

Children by Mary Wellwood:

38. i Barbara. 31. Mary Maxwell m. Thomas Irving, (son of Thomas Irving and Elizabeth Craik).

Children:

39. i William. Thirteenth Generation 32. Agnes McBrair m. 1753, Benjamin Dodd, (son of James Dods). Agnes died 23-Oct-1796. Agnes died 23-Oct-1796. 2-May-1787. In Edinburgh. Served as Heir general to her mother, Susan Rome 24-Apr-1787. Entry 558 Process of Divorce. Benjamin Dodd of Auchengibbert. late an officer in HM Army, presently residing at Ash, Cumberland, against Agnes McBrair, his spouse, daughter of the deceased Alexander McBrair of Netherwood, married 1753 and issue of 3 children.

from "Consistorial Processes & Decreets, Commissariat of Edinburgh"

Children: i James Dodd. James Dodd of Chappell.Served as HEIR SPECIAL to his mother. Subscribed to raising of 2 troops of fencible cavalry, 1794 (Dumfries Weekly News, 24-Jun-1794. 23-Jan-1797 Brigade Major Dodd of Chappel, Parish of Tongland, has sasine of the lands of Largs etc. as heir to his mother Agnes, on precept from the Chancery. The property then passed to Captain Michael Falcon in 1799. Largs in parish of Twynholm. (1770, Dir. of Land Ownership, values Chapel & Quarter at $127:00:00).

ii Benjamin Dodd.

iii Susanna Dodd.

33. William McBrair b. 1735, m. (1) 0-Jun-1770, in Troqueer, Isobel Hume, (daughter of Alexander Hume and Mary Wright) m. (2) 03-OCT-1781, in Rerrick, Margaret Thomson, b. 1757, d. 29-Jun-1844, Orchardknowes, buried: Colvend. William died 21-Jun-1821, Orchardknowes, buried: Colvend. died 29-Jun-1841. William died 21-Jun-1821. Captain McBrair, served as heir to his mother Susanna Rome 1786, his elder brothers having died previously without heirs.

Children by Margaret Thomson:

i Agnes McBrair b. 00-___-1783, Rerrick, d. 8-Feb-1810.

ii William McBrair b. 0-___-1786, d. 19-Oct-1818, Spring Estate, Trelawney, Jamaica, buried: Colvend. (In the 1830 Jamaica Almanac, Spring Estate, Trelawney is described as belonging to the descendants of William Mitchell, with 148 'apprentices'). (per email from Helen Wentworth, 27 Jun, 1998).

iii Robert McBrair b. 0-___-1788, d. 30-Nov-1806. 1799 VR has Robert as owner of Orchardknowes

40. iv Jane b. 1791.

41. v John b. 0-___-1794.

34. John McBrair b. aft 1715, d. 27 May 1798, Enniscorthy, Ireland.

Children:

42. i James.

ii Robert McBrair.

iii Frederick McBrair.

iv Arthur McBrair.

v a daughter.

vi a daughter.

35. George Maxwell b. 1738, m. 9-Apr-1771, Henrietta Carruthers, d. Aft 1822. George died 20-Nov-1822. On the death of Alexander Herries Maxwell of Terraughty on 28 June 1815 he became heir male to the Maxwell family and would have been Earl Nithsdale etc. had it not been for the attainder of the 5th Earl.

Children:

i William Maxwell b. 16-Feb-1773, d. 1800. Paymaster of the 8th Dragoons.

ii James Maxwell b. 16-Jun-1775, d. 1800, Jamaica.

43. iii (Lt. Col.) George b. 1777.

36. Robert Maxwell m. unknown.

Children:

i a daughter d. in Dumfries.

ii Homer Maxwell.

37. Charles Maxwell m. (1) Detraid, m. (2) Miss Douglas, of the Kelhead family

Children by Detraid:

i Mrs Turnbull. In America.

ii Mrs Williams. In England

Children by Miss Douglas:

iii Charles Maxwell.

iv William Maxwell. Died ‘in the Army’.

38. Barbara Maxwell m. James Johnstone, the brother of Thomas Johnstone of Clauchrie, cadet branch of the Westerhall family

Children:

44. i Wellwood Maxwell b. 1747. 39. William Irving m. Katherine Menzies, (daughter of James Menzies). William Irving "of Gribton was a strong Jacobite. Of the nineteen rebels reported in Dumfries and Galloway for aiding the Prince in 1745, four were Irvings - viz., this William of Gribton and his eldest son, James, and the Irvings of Wysebie and Whitehill. From this time Gribton lost ground. William married Katherine Menzies, daughter of James Menzies of Enoch, and left issue".

from John Beaufin Irving - Book of The Irvings

Children: 45. i James.

ii Charles Irving d. 1794, Jamaica.

46. iii Thomas.

47. iv Joseph.

v Alexander Irving.

vi Mary Irving m. James Thomson.

vii Margaret Irving m. (1) Joseph Welsh, m. (2) Thomas Corbet.

viii Betty Irving m. Alexander Ferguson.

ix Winifred Irving m. (1) Archibald Baird, m. (2) John Wilson, m. (3) Mr Sweetman. Archibald: of Georgetown, California

x Katherine Irvine.

Fourteenth Generation 40. Jane McBrair b. 1791, m. 28-JUN-1818, in Dumfries, William Lammie, d. BEF 03-NOV-1829. Jane died 7-May-1853, Palnackie, buried: Colvend. served heir to her brother John, son of William 15-Feb-1823 Advertisement / notice, intimating sale of brewery and public house of William Hume to Mr William Lammie.

From "The Dumfries Weekly Journal", 28 Oct 1817

"To be sold: Property on Nith side of English Street possessed by Mr Lammie, brewer, and others, 2 storey slated house, 2 shops, back shops cellars and the brewery, and other appropriate houses belonging thereto, an excellent Pump Well and Dunghillstead, To be sold separately or together. To be sold: 2 Storey slate house on the Whitesands possessed by Francis Scott and others, a well frequented inn.

Further particulars: James Kennedy, gardener or Robert Scott, cooper, who are in possession of the title deeds".

In the "The Dumfries Weekly Journal", 14 Mar 1826 there is a 2 column list of subscribers to the support of the poor holding badges from the Kirk Session. William Lammie agrees to pay £3 sterling. From "The Dumfries Weekly Journal", 28 Oct 1817

"To the creditors of Wm. Lammie, brewer in Dumfries, deceased. The Accounts of the intromission of Mrs Lammie, the executrix, have been examined and docquetted by the Committee of Creditors appointed for that purpose, a scheme of division has been prepared and the accounts and scheme will lie in the hands of Mr James Swan, draper in Dumfries till the 19th November, 1829 when, if no objections be lodged, a final dividend will be paid to those who have ranked, and those who fail to rank after this public notice will be excluded from any share of the funds. Dumfries, 3d Nov 1829"

Children: 48. i Margaret b. 1820.

49. ii Jane b. 1824.

41. John McBrair b. 1794, d. 10-Dec-1822, buried: Colvend.

Children:

i *unknown. ii William McBrair b. bef 1823.
42. James McBrair m. 10 May 1793, Elizabeth Bower, (daughter of Joseph Bower). James settled on the island of Newfoundland. In 1794-5, at the outbreak of teh French Revolution, he gave up his business and raised more than 100 men, at his own expense, to form a fencible regiment for the defence of the North American Colonies. He joined his regiment as a Captain and served with them for several years.

After the peace of Amiens and the cessation of hostilities his regiment was disbanded and he returned to Newfoundland. He filled several important public offices in his adopted hometown of St Johns.

In 1817 he retired from business and returned to Scotland where he purchased the Berwickshire estates of Tweedhill and Broadmeadows.

He adopted a coat of arms consisting of a silver shield with three stars at the top, a horizontal band across the middle and a lion rampant at the base, all in red.

Children: 50. i John Joseph b. 3 Jun 1801. 43. (Lt. Col.) George Maxwell b. 1777, m. 4-Jun-1804, Jane Clark, b. 1784, d. 17 Jan 1837, buried: Troqueer Parish Church. (Lt. Col. Maxwell died 2 Oct 1821, France, buried: Troqueer Parish Church. Younger of Carruchan. Lieutenant Colonel of the Galloway Militia. Jane: Daughter of John Clark of Drummore, of Nunland

Children:

i George Walter Maxwell b. 17-Mar-1805, d. 4-Aug-1827, the River Nith. On death of his grandfather succeded as heir male to the Maxwell family and would have been Earl Nithsdale etc, but for the 5th Earls attainder. (DGFHS MI Trans gives time of death as September) ii John Maxwell b. 10-May-1806, d. 24-Jun-1824. Died at sea on way to India in East India Co's service.

iii William Maxwell of Carruchen b. 1797, m. (1) Janet Maxwell, b. 1814, (daughter of John Herries Maxwell of Munches and Clementina Herries Maxwell) d. 9-Jan-1842, Carronhill, Dumfries, m. (2) Mary Clark. William died 21-May-1863, buried: Troqueer Parish Church. Claimed the titles of Earl Nithsdale, Lords Maxwell, Herries etc. on death of his elder brother. Died without issue. Mary: only daughter of John Clark of Speddoch

iv Alexander Maxwell b. 19-May-1808, d. 20 Jul 1834, Galt, Upper Canada.

v Jane Christiana Maxwell d. 1861.

vi Christiana Maxwell d. 1861.

44. Wellwood Maxwell Johnston b. 1747, m. Catherine Maxwell, (daughter of John Maxwell and Agnes Hannay). Wellwood died 1833. born 1747, youngest and only surviving son of Barbara Maxwell and James Johnstone, succeeded as heir to his grandfather James Maxwell of Barncleuch, 1776, after which he was known as Wellwood Maxwell. Married Catherine Maxwell, daughter of John Maxwell of Terraughtie. Served as Provost of Dumfries 1781-2. Wellwood died 1833.

Children:

51. i John b. 03-JAN-1783/4.

ii Wellwood Maxwell d. 1867. Subscribed to raising 2 troops of fencible cavalry, 1794

iii Alexander Maxwell d. 1867.

iv William Maxwell.

v George Maxwell d. 1858.

vi Agnes Maxwell.

vii Mary Maxwell.

viii Catherine Maxwell m. Unknown Davis.

45. James Irving m. Elizabeth Walsh, (daughter of Joseph Welsh).

Children:

52. i William.

ii Joseph Irving.

iii Catherine Irving m. Archibald McMurdo.

iv Nancy Irving.

46. Thomas Irving m. Marion Corbet, (daughter of James Corbet). Marion Corbet, daughter of James Corbet, Provost of Dumfries. Thomas was Inspector General of Ports, Massachusets till 1772, Kings Agent in Florida, Inspector General for Imports & Exports for Great Britain.

Children:

i William Irving.

ii Marion Irving.

47. Joseph Irving m. Margaret Milligan.

Children:

i Peter Irving.

ii James Irving.

Fifteenth Generation 48. Margaret Lammie b. 1820, m. 16-May-1841, Samuel Wilson, b. 0-Mar-1807, Carsethorn, (son of William Wilson and Mary McKnight) d. 0-Dec-1904, Orchardton Mains, buried: 0-Dec-1904, Buittle. Margaret died 7-Jul-1892, Orchardton Mains.

Children:

i William Wilson b. 28-Oct-1842, Orchardknowes, d. 1906. Lost aboard the "Mary"

ii George Wilson b. 22-Jul-1844, Orchardknowes, m. Jane Kincaid. George died 1931. Captain of the "Elbe"

53. iii Jane McBriar b. 18-Jul-1846.

54. iv Samuel b. 14-Jun-1848.

v John Wilson b. 14-Jul-1850, Palnackie.

55. vi Margaret Lammie b. 8-Jan-1853.

56. vii James b. 28-Mar-1855.

57. viii Mary b. 14-May-1857.

ix Caroline Wilson b. 25-May-1860, Buittle, d. Abt 1953.

x Charles Wilson b. 25-May-1860, Buittle, d. 1861.

49. Jane Lammie b. 1824, m. John Macartney, b. 1806, (son of Alexander Macartney and Margaret Thomson) d. 10-Oct-1885, Dansville, Castle Douglas. Jane died 16-Feb-1862, Dansville, Castle Douglas. 1841 Census shows age as 15 (15 to 20) WFP 1843 shows Jane Lamnie (sic) marrying John McCartney John: younger of Barlocco

Children:

i Jane McBrair Macartney b. 1844, d. 24-Aug-1862, Madeira. 50. John Joseph McBrair b. 3 Jun 1801, m. 1831, Caroline Abigail Gott, (daughter of Benjamin Gott, Esq.). John died 1849. Magistrate and Deputy Lieutenant of Berwickshire

Children:

i James McBrair b. 12 May 1832. 51. John Herries Maxwell of Munches b. 03 Jan,1783/4, m. 1815, Clementina Herries Maxwell, b. 1782, (daughter of William Maxwell and Janet Syme) d. 1858, buried Buittle. John died 01 Mar 1843, buried Buittle. County Convener 1833 - 1843, MP for Stewartry 1868 - 1874:

Children:

58. i Wellwood Herries b. 15-Oct-1817.

ii John Maxwell b. 12-May-1814. Ob. Inf.

iii Janet Maxwell b. 1814, m. William Maxwell of Carruchen, b. 1797, (son of (Lt. Col.) George Maxwell and Jane Clark) d. 21-May-1863, buried: Troqueer Parish Church. Janet died 9-Jan-1842, Carronhill, Dumfries. William: Claimed the titles of Earl Nithsdale, Lords Maxwell, Herries etc. on death of his elder brother. Died without issue.

52. William Irving m. Jane Corrie.

Children:

i William Joseph Irving d. ‘young’, India.

ii James Irving b. 1808, m. Margaret McMillan. James died 1873. Major James Irving

iii Mary Irving.

Sixteenth Generation 53. Jane McBriar Wilson b. 18-Jul-1846, Palnackie, m. 13-Apr-1870, in Orchardton Mains, John McLellan, b. 1843, Barnbarroch, (son of William McLellan and Mary Walker). Lived at 5 Barlochan Road (Castle Douglas) after marriage. John: On schooner "Rover" under Capt. Thos. Candlish, sailing out of Liverpool. sailed wind-jammers of Messrs Nicholson & McGill. Qualified for Masters Certificate 1866, age 23. Got command of"Vanguard". 1866 joined Liverpool Salvage Association. 1900 voted an Associate of the Institute of Naval Arch- itects. 1911 injured during salvage of "Delmira". Invalided home 9/1914

Children:

i William McLellan b. 1874. CBE MIEE. Engineer for Galloway Hydro Scheme.

59. ii John b. abt 1876.

iii Samuel Wilson McLellan b. Abt 1881, m. Abt 1919, Nora Cullen. MC MD FRCS FRCP(Edin).

60. iv James b. Abt 1883.

54. Samuel Wilson b. 14-Jun-1848, Palnackie, d. (Orchardton Mains).

Children:

i Sam Wilson.

ii Jane Wilson m. Mr Maxwell.

iii (Jean) Wilson.

55. Margaret Lammie Wilson b. 8-Jan-1853, Palnackie, m. William Gordon, b. 1845, England, (son of Thomas Gordon and Mary Johnstone) d. 31-Mar-1917, Palnackie. Margaret died 5-May-1924.

Children:

i Thomas Gordon b. 5-Sep-1873, Borgue, d. 8-Dec-1960, Canada.

ii Samuel Wilson Gordon b. 13-Mar-1875, Borgue.

iii William Gordon b. 1877, Borgue.

iv John Gordon b. 1879, d. 4-Apr-1938, Canada.

v Samuel Gordon b. 1881, Borgue. Ob. inf?

vi George Wilson Gordon b. 1883, d. 5-Dec-1918, Alexandria.

vii Margaret Lammie Gordon b. 1889, d. 2-Apr-1959, Dunfermline.

56. James Wilson b. 28-Mar-1855, Buittle, d. 1906.

Children:

i Jane Wilson.

61. ii a son.

57. Mary Wilson b. 14-May-1857, Buittle, m. John Clark. Valuation Roll, 1911, House in Palnackie, Spinster.

Children:

i Margaret Lammie Clark b. 10-Aug-1843, Barnbarroch.

ii Agness Clark b. 3-Sep-1846, Barnbarroch.

iii Mary McKnight Lowden Wilson Clark b. 28-May-1851, Ae Lodge (?).

58. Wellwood Herries Maxwell b. 15-Oct-1817, m. 31-Mar-1844, Jane Home Jardine, b. 31-OCT-1821, (daughter of William Jardine and Jane Hume Lizars) d. 06-FEB-1894, buried: Buittle. Wellwood died 13-AUG-1900, buried: 1900, Buittle.

Children:

i Catherine Helen Herries Maxwell b. 20-MAY-1846, d. 13-DEC-1856, buried: 1856, Buittle. (Caerlaverock Book pedigree has date of birth as 17/10/1864?).

ii John Herries Maxwell b. 03-OCT-1846, d. 05-DEC-1856, buried: Buittle.

iii Clementina Maxwell b. 6-Jun-1850, d. 3-May-1902.

62. iv William Jardine Herries b. 04-MAR-1852.

v Agnes Maxwell b. 1-Apr-1854, m. 29-Aug-1878, Lionel Fitzgerald Maitland-Kirwan, (son of (Capt.) Charles L Maitland-Kirwan). Lionel:

From "The Stewartry Roll of Honour"

Captain Lionel Fitzgerald Maitland-Kirwan, Collin House, Castle Douglas. Educated in HMS Britania Jan 1893-95; Midshipman, 1896-99; Sub Lieut. 1899-1901; Lieut. 1901; Commander 1913; Captain, 1918, Royal Navy. Served on North Sea, November 1914, March 1915 in HMS Drake, flagship of Rear Admiral W Grant. CB, 7th Cruiser Squadron, then from March 1915 - Jan 1918 on North Sea in HMS Lion, flagship of Vice Admiral Sir David Beatty, KCB, Battle Cruiser Fleet, then from June 1918 till May 1919, Cape and East Africa, commanded HMS Talbot. Awarded 1915-16 Star. Pre War Service record - 1st Lieut. Royal Naval Barracks, Portsmouth, under Rear Admiral Craddock, CB, MVO, HMS Hercules, Vice Admiral Sir George Callaghan and HMS King George, E, with Admirals Sir John Jellicoe and Sir George Warrender.

vi Margaret Maxwell b. 6-Feb-1856, d. 1934.

vii Jessie Jane Maxwell m. George Hood Kinnear, Esq.. George and Jessie had a family but I have no details yet.

63. viii Wellwood Maxwell, of Kirkennan, b. 28-Dec-1857.

ix Alexander Maxwell b. 26-Jun-1860.

x Hugh Maxwell b. 12-May-1862.

Seventeenth Generation 59. John McLellan b. abt 1876, m. Lesley Barraclough, d. 22-Feb-1987. John died 10-Feb-1954, Orchardknowes.

Children:

64. i John b. abt 1921. 60. James McLellan b. Abt 1883, m. 1927, Mary Elizabeth McQueen. James died 1968, Glenluffin.

Children:

65. i James b. 1929.

66. ii Peter Wilson b. abt 1931.

61. a son.

Children:

i a son. 62. William Jardine Herries Maxwell b. 04-MAR-1852, Buittle, m. (1) 1877, Dora Kirwan, b. 1851, Kelton, (daughter of (Capt.) Charles L Maitland-Kirwan) d. 1922, m. (2) aft 1922, Constance. William died 13-JUL-1935, buried: Buittle. Succeeded to Barncleuch & Munches, 1900 OBE DL JP Constance: Widow of W D Robinson Douglas of Orchardton

Children by Dora Kirwan:

i Matilda Herries Maxwell b. 01-APR-1878, St Cuthbert, Edinburgh, d. 18-JUL-1960, buried: 1891, Terraughtie House, Castle Douglas Road.

ii Dorothea Jardine Herries Maxwell b. 18-OCT-1879, d. 30-JUN-1883, buried: Buittle.

iii Wellwood Herries Maxwell b. 14-OCT-1880, d. 26-JUN-1883.

iv William Jardine Maxwell, Capt. b. 1883, Troqueer, d. 26-Aug-1916, Abiad, Darfur,Egypt. In1891 was living at Terraughtie House, Castle Douglas Road.

v Charles Maxwell b. 1884, Troqueer.

vi Jean Herries Maxwell b. 1885, d. 27 Aug 1972, buried: Buittle.

67. vii Desmond Herries b. 16-OCT-1886.

viii John Maxwell, 2nd. Lt. b. 1890, Troqueer, d. 12-Jul-1915, Gallipoli, Dardanelles.

63. Wellwood Maxwell, of Kirkennan, JP b. 28-Dec-1857, m. 3-Oct-1889, Anna Louisa Walker, (daughter of George Gustavus Walker, KCB.) d. 1932. Wellwood died 6 Jan 1933. Anna: Daughter of Sir George Gustavus Walker, KCB

Children:

i Wellwood Walker Maxwell b. 1890.

ii a son b. 13-May-1905.

iii a daughter b. 20-Aug-1898.

iv Maj. Gen. Sir Aymer Maxwell,CBE MC JP b. 27 Dec 1891, m. 1915, Isobel Frances Hawthorn. Major Maxwell died 16 Oct 1971.

Eighteenth Generation 64. John McLellan

Children:

i Leslie McLellan.

ii Fiona McLellan.

iii Jean McLellan.

65. James McLellan

Children:

i Alistair James Wilson McLellan

ii Thomas William Selmar McLellan

66. Peter Wilson McLellan

Children:

i Hamish McLellan

ii Lucian Aghassi Mclellan

iii Anna Madeliene McLellan

67. Desmond Herries Maxwell, RN. b. 16-OCT-1886, m. (1) Edith Chetwood, b. 31-OCT-1886, d. 25-NOV-1957, buried: Buittle, m. (2) 1958, Sheila Maxwell. Desmond died 28-APR-1977, buried: Buittle. Sheila: Daughter of the late alderman W B Stoddart of Liverpool

Children by Edith Chetwood:

68. i Peter Nineteenth Generation 68. Peter Maxwell

Children:

i Peter Maxwell, QC..

ii a son d. obit.

iii a daughter.

iv a daughter.