Robert Maxwell of Calderwood

ROBERT MAXWELL OF CALDERWOOD

Robert Maxwell of Calderwood is the eldest son and heir of Robert Maxwell of Calderwood and his wife Isabel Elphinestone. According to William Fraser, he succeeded his father in 1540. Memoirs, I, page 469 It would appear more likely, though, that he actually succeeded him before 11 February 1537. The Protocol Book of Michael Fleming, protocol number 1287 on pp. 106-07

Death

Robert Maxwell of Calderwood predeceased his father. According to William Fraser: "Robert Maxwell only possessed Calderwood for about seven years, having died, apparently unmarried, and certainly without issue, about the 7th of September 1547, as appears from the retour of service of his brother John Maxwell as nearest heir to him in the lands of Newlands and others." Memoirs, I, page 469

Marriage

Following the death of his father, a marriage was arranged between Robert Maxwel of Calderwood and Elizabeth Barclay, daughter of Sir David Barclay of Cullarney. The ceremony was set to take place at 10.00 hours on the morning of the twenty-fourth of April 1537, in the parish church of the burgh of Cupar, but it is not certainly known that the marriage went ahead. The Protocol Book of Michael Fleming, protocol number 1287 on pp. 106-07

Evidence from the National Records of Scotland

                   1

11 February 1536-37: Mr. John Walker procurator for Elizabeth Steward, daughter of q. Robert Steward of Myntto, went to the presence of Robert Maxwell of Calderwoud, and there read and intimated to him the letter of the King under the privy seal granted to the said Robert Steward upon the gift of the marriage of the said Robert Maxwell; also an instrument of assignation granted by the said Robert Steward to the said Elizabeth, of the said marriage, and a procruratory of hers, in virtue of which the said Mr. John warned the said Robert Maxwell to compear in the parish church of Cowper, situated within the burgh thereof, on the 24 day of April next to come, at the tenth hour before noon, to marry and take as his spouse Elizabeth Barclay, daughter of the late David Barclay of Cwllarney, knight, and that in virtue of the said royal letters and assignation of the said Robert Steward, expressly intimating to the said Robert Maxwell, that if he should marry any other woman than the said Elizabeth Barclay, he should pay to Elizabeth Steward the double of the said marriage, and solemnly protesting that in case he failed in premises and did not complete and solemnize marriage with the said Elizabeth Barclay, the said Robert Maxwell should pay the said double of the said marriage to the said Elizabeth Steward, according to the tenor of the said royal letters, and the usage and custom of the kingdom of Scotland. Done at the manor call Mowchlynhowll near the town of Calderwood. Witnesses, Alexander Maxwell, Jasper Petigrew, Robert Hammylton, and John Hammylton. The Protocol Book of Michael Fleming, protocol number 1287 on pp. 106-07

                   2

1 February 1540: Extract by the Lords of Council, annulling the decree given against Elizabeth or Isobel Elphinstone, Lady of Calderwood and Robert Maxwell of Calderwood, her son. National Records of Scotland, Boyd Papers, Burgh of Kilmarnock, reference GD8/108

                   3

18 March 1540: Extract by the Lords of Council, annulling the decree given against Elizabeth or Isobel Elphinstone, Lady of Calderwood and Robert Maxwell of Calderwood, her son. National Records of Scotland, Boyd Papers, Burgh of Kilmarnock, reference GD8/109

                   3

1541: LIBRI RESPONSIONUM. Sa. Roberto Maxvell t. Jacktoun, Allertoun, Newlandis, Geynhillis, Tatishoridun. Lanark. Exchequer Rolls of Scotland, Volume XVII, A.D. 1537-1542, page 771

                   4

1541: LIBRI RESPONSIONUM. Sa. Roberto Maxvell t. Akinheid. Lanark. Exchequer Rolls of Scotland, Volume XVII, A.D. 1537-1542, page 771

                   5

1541: LIBRI RESPONSIONUM. Sa. Roberto Maxvell t. Bathcat, Meikle Blakburn. Renfrew. Exchequer Rolls of Scotland, Volume XVII, A.D. 1537-1542, page 771

Genealogical Accounts

1. William Fraser, Memoirs of the Maxwells of Pollock, Vol. I. Memoirs & Charters (1863), 497 pp.
2. William Fraser, Memoirs of the Maxwells of Pollock, Vol. II. Correspondence (1863), 453 pp.