28/02/2026
William Maxwell, 5th Earl of Nithsdale: Jacobite supporter and his escape from the Tower of London
William was born in 1676 at the family home of Terregles Castle (demolished) near Dumfries. He was the only son of Robert Maxwell, 4th Earl of Nithsdale and Lady Lucy Douglas. His father died in 1682 at the age of 53/54, probably of natural causes, whilst William was still a child. His mother, Lady Lucy Douglas raised him, ensuring that he was brought up as a Catholic. He received an education in the Roman Catholic faith and remained loyal to the exiled House of Stuart.
In 1697 when William reacher the age of 21, he became the 5th Earl of Nithsdale. He secretly visited the Jacobite court at Saint-Germain to give his allegience to the exiled James VII+II. It was at the Jacobite court that he met Lady Winifried Herbert, his future wife and life saver. The couple married in 1699 and settled in his family seat at Terregles Castle.
Life was far from quiet for the couple being a prominent Catholic in the Lowlands of Scotland which was predominantly Covenanter land. Maxwell was subjected to Presbyterian assaults on his estates and was under suspicion of harbouring Jesuits. Although William was discreet with his support of the Jacobite cause, he was long suspected of being a Jacobite sympathiser.
In 1712, he resigned his estate to his son, also named William, he reserved a life rent to himself. Although he was hesitant to do so, he proclaimed James VIII+III (Old Pretende), son of James VII+II at Dumfries and Jedburgh during the Jacobite Rising of 1715. He later joined the main Jacobite forces at Hexham under Thomas Forster.
After a few days of fighting at the Battle of Preston, Thomas Forster surrendered to the Government troops on 14th November 1715. Maxwell, along with other Jacobite leaders, was sent to London to await trial. Maxwell was found guilty of treason and sentenced to death on 9th February 1716.
His daring and devoted wife, Lady Winifried Maxwell, Countess of Nithsdale had other ideas. Upon hearing the news of her captured husband being sent to London, she set off from their family home at Terregles. She tried desperately for her husband to be pardoned, but this was all done in vain. The countess wasn't giving up though, she came up with a meticulous plan to rescue William.
With the help of two other Jacobite ladies she put the plan into action on the 23rd February 1716, the night before the ex*****on. The countess was admitted to William's room, the countess had her maid pass on the extra clothing which she had been wearing to William. Miraculously William Maxwell went unnoticed as he snuck past his guards. He fled to France whilst his wife went back to Scotland to ensure the transfer of the estate to their son.
William was later joined by his wife in France when all their business in Scotland had been completed. They later went to Rome to join the Government in Exile of the Old Pretender. William Maxwell died in Rome on 2nd or 20th March 1744, sources differ, not long before the Jacobite Rising of 1745 started.
The couple had two children, the mentioned William who died in 1776 and Lady Anne Maxwell who died before the 5th Earl of Nithsdale in 1735. His wife also died in Rome, 5 years later, in 1749.
Picture: Terregles House which was built on the site of Terregles Castle around 1788, Terregles House was demolished in 1964. www.castlesofscotland.co.uk