This was an imprudent step, calculated to excite fresh discontent, as it very effectually did. The proud nobles who surrounded Maxwell threw down their arms, swearing that they would not serve under any such royal minion; the troops broke out into open mutiny; and in the midst of this confusion, a body of 500 English horse riding up under the Lords Dacre and Musgrave, the Scots believed it to be the vanguard of Norfolk's army, and fled in precipitate confusion. The English, charging furiously at this unexpected advantage, surrounded great numbers of the fugitives, and took 1,000 of them prisoners. All these were sent to London, and given into the custody of different English noblemen. Many of the prisoners were believed to surrender willingly, as disaffected men who were ready to sell their country to England; and others are said to have been seized by border freebooters, and sold to the enemy. This was the battle of Solway Moss.

The king was so overwhelmed with grief and resentment at this disgraceful defeat, through the disloyalty of his nobility, that he returned to Edinburgh in deep dejection. From Edinburgh he proceeded to the palace of Falkland, where he shut himself up, brooding on his misfortunes; and such hold did this take upon him, that he began to sink rapidly in health. He was in the prime of his life, being only in his thirty-first year; of a constitution hitherto vigorous, having scarcely known any sickness; but his agonised mind producing fever of body, he seemed hastening rapidly to the grave. At this crisis his wife was confined. She had already borne him two sons, who had died in their infancy, and an heir might now have given a check to his melancholy; but it proved a daughter—the afterwards celebrated and unfortunate Queen of Scots. On hearing that it was a daughter, he turned himself in his bed, saying, "The crown came with a woman, and it will go with one. Many miseries await this poor kingdom. Henry will make it his own, either by force of arms or by marriage." On the seventh day after the birth of Mary, he expired, December 14th, 1542.

No sooner did Cardinal Beaton and his party learn that the king had expired than, guessing all that Henry and his party in Scotland would attempt, they took measures to secure the young queen and the sovereign power. Beaton produced a will as that of James, appointing him regent and guardian of the young queen, assisted by a council of the Earls of Argyll, Huntly, and Murray. The Earl of Arran, James Hamilton, on the other hand, declared this will to be a forgery, and being himself the next heir to the throne, after the infant queen, he assumed the right to make himself her guardian, and to order the kingdom for her. By means of the Protestant nobles, as well as the vassals of his own house, and the prevailing opinion that Beaton had forged the will, Arran succeeded in establishing himself as regent on the 22nd of December, 1542, and the Protestant influence was in the ascendant. It was now conceded that Angus and the Douglases should be recalled from their exile, and they quitted England in the following January, the Earl of Arran giving them a safe-conduct.

It was a deadly warfare between the Protestant and Papal parties. A list of 360 of the nobles and gentry was produced by Arran, which was said to have been found on the person of the king, all of whom were proscribed as heretics, and doomed to confiscation of their estates and other punishments. This list, which the Romanists in their turn denounced as forged, was vehemently charged on Beaton, who was said to have drawn it up when the heads of the army refused to march into England. The Earl of Arran himself stood at the head of the list. The cardinal, who saw the imminent danger of his cause and party, despatched trusty agents to France to solicit instant aid in money and troops, to defend the interests and guard the persons of the queen-dowager, Mary of Guise, and the royal infant. To hasten the movements of the house of Guise, he represented the certain dependence of Scotland on England if the king of England succeeded in accomplishing the marriage of the infant queen with his son.

To silence the cardinal, he was seized and incarcerated in the castle of Blackness, under the care of Lord Seton; and a negotiation was actively carried on through Sir Ralph Sadler for the marriage of the infant queen and the Prince of Wales. It was agreed that Mary should remain in Scotland till she was ten years of age; that she should then be sent to England to be educated; that six Scottish noblemen should be at once delivered to Henry as hostages for the fulfilment of the contract; and when the union of the two kingdoms should take place, Scotland should retain all its own laws and privileges.

But though Beaton was in prison, his spirit was abroad. The clergy had the highest faith in the talents and influence of the cardinal. They considered his liberation as necessary to avert the ruin of their party, and they put in motion all their machinery for rousing the people. They shut up the churches, and refused to administer the sacraments or bury the dead; and the priests and monks were thus set at liberty from all other duties to harangue and influence the passions of the people. Everywhere it was declared that Arran, the regent, had formed a league with Angus and the Douglases, who had been so long in England, to sell the country and the queen to England under the pretence of a marriage; that this was what the English monarchs had long been seeking; and that not only the Douglases, but Arran himself, were pensioned by Henry for the purpose. That this was but too true, the State Papers amply prove. Henry and his successors spared no money for this end; and the traitorous bargaining of a great number of the Scottish nobles with the English monarchs stands too well evidenced under their own hands.

THE FIRST LEVEE OF MARY QUEEN OF SCOTS. (See p. [191].)

(After the Picture by W. B. Hole, R.S.A.)