Angus in the guardianship of the king and management of affairs, he was in company with the king at Melrose Bridge on 25 July, when an unsuccessful attempt was made by the Douglases to get possession of him. The same year he was appointed steward of Kirkcudbright and keeper of Thrieve. On the escape of the king from Falkland Palace to Stirling in July 1528, Maxwell separated himself from the party of Angus, and was chosen one of the new council. Having accompanied the king to Edinburgh he was again made lord provost of the city, and on 26 Aug. frustrated an attempt of Angus to take possession of it (Diurnal of Occurrents, p. 11). He was one of the jurors on the trial of Angus, and on his forfeiture received a portion of his lands. Like most of the southern nobles, Maxwell gave his indirect countenance to the border raiders, and not unfrequently engaged in raids on his own account. In 1528 he had been compelled by Angus to make compensation to the English for burning Netherby, and this probably was the reason of his hostility to Angus. In the following year, when the king determined to make a progress southwards for the chastisement of the raiders, it was deemed advisable to place Maxwell and other sympathisers with them in ward in the castle of Edinburgh, but after the king's return they were released on giving pledges for their allegiance. The execution of John Armstrong [q. v.], who was partly under his protection, was specially distasteful to Maxwell, but he afterwards became reconciled to the king, and on 17 Nov. 1533 was appointed an extraordinary lord of session. During an excursion into England in 1536 he burned Penrith. The same year he was appointed one of the regents during the absence of King James on his matrimonial expedition to France; and after the death of the king's first wife, Madeline of France, was sent in December 1537 with other ambassadors to conclude a treaty of marriage with Mary of Guise.
Maxwell as high admiral commanded an expedition to the Orkneys in 1540. He joined the army which assembled on the Borough Muir of Edinburgh in October 1542, and having in vain urged that battle should be given to the English, he after its disbandment took the principal part in raising a force for a new expedition. In command of ten thousand men he proceeded to the western borders, but just before the encounter with the English at Solway Moss a warrant was produced by Oliver Sinclair, authorising him to assume the chief command. Such confusion and discontent thereupon resulted that scarce any resistance was made to the English, Maxwell alone strenuously endeavouring to induce his men to make a stand. On being 'admonished to take horse,' he answered, 'I say, I will rather abide here the chance which it shall please God to send me, than to go home and there to be hanged.' 'So' says Calderwood, 'he remained on foot, and was taken when the multitude fled' (History, i. 14). Along with other captive nobles he was sent to London, but the death of James V shortly afterwards somewhat changed Henry's policy. The captive nobles were permitted to return to Scotland on paying a ransom, and on entering into a bond to aid the English king by force if necessary in his scheme for a marriage of Prince Edward with the young queen, Mary Stuart, an essential preliminary being the recognition of Henry's overlordship. Maxwell, who perhaps more than any other Scottish noble had been inveterate in his hostility to England, must have only consented to serve the interests of Henry from desperation. Nevertheless he now, while Beaton was in prison, took occasion to show his hostility to him by proposing and getting passed an act that all should have liberty to read the Bible in the Scots and English tongue, provided that 'na man dispute or hold opinions under the pains contenit in the actis of parliament' (Acta Parl. Scot. ii. 45). Along with Lord Somerville he was one of the chief agents of Angus in his intrigues with Henry. On the last day of October 1543 Maxwell and Somerville were captured by the Abbot of Paisley, while proceeding with letters to the Earls of Cassilis and Glencairn, Maxwell being sent to the castle of Edinburgh (Diurnal of Occurrents, p. 29). On obtaining his liberty he joined Lennox in the castle of Glasgow, and was taken prisoner at its capture, 1 April 1544, but was set at liberty on 3 May following, on the approach of the English fleet to Leith roads, lest his friends or followers should take part with the English. Having now excited the suspicions of Henry as to his fidelity, he was taken prisoner and sent to the Tower. Thereupon he offered to serve under the Earl of Hertford, with a red cross on his armour as a symbol of his devotion to England; and in October 1545 he was allowed to return to Scotland, on delivering the castle of Caerlaverock into English keeping. Early in November his castles were captured by Beaton, and he was conveyed a prisoner to Dumfries; but having affirmed that he had only made terms with Henry in fear of his life, he on 12 Jan. 1545-6 received a remission, and was at the same time made
