31 July 1525

Sederunt

Sederunt: [James Beaton, archbishop of St Andrews], chancellor, [Gavin Dunbar, younger, archbishop of] Glasgow, [Robert Cockburn, bishop of] Dunkeld, [Gavin Dunbar, elder, bishop of] Aberdeen, [John Hepburn, bishop of] Brechin, [James Chisholm, bishop of] Dunblane, the earls [Archibald Douglas, earl of] Angus, [Colin Campbell, earl of] Argyll, [John Stewart, earl of] Lennox, [Cuthbert Cunningham, earl of] Glencairn, the abbots [David Beaton, commendator of] Arbroath, [George Crichton, abbot of] Holyrood, [Robert Shaw, abbot of] Paisley, [Thomas Kerr, commendator of] Kelso, [Alexander Milne, abbot of] Cambuskenneth, [John Erskine, lord] Erskine, [Malcolm Fleming, lord] Fleming, [George Seton, lord] Seton, [Ninian Ross, lord] Ross [of Hawkhead], [George Lindsay, lord] St John, [Patrick Hepburn, prior of St Andrews], secretary, [Sir William Scott of] Balwearie, Master Adam Otterburn [of Auldhame and Reidhall], president of Edinburgh, provost of Stirling, Nicholas Crawford [of Oxgangs], Master Francis Bothwell.

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Procedure: protests

Colin [Campbell], earl of Argyll, for himself and in the name and on behalf of all the temporal estate of this realm being present, protested that, forasmuch as they were present here to provide for the defence of the realm and to spend their life and goods thereupon, and that diverse other lords were sent for to take the other part in this action, or to advise upon the taking of peace under diverse pains, and last under the pain of lese-majesty, and would not come to assist with them concerning the matters mentioned previously, that, therefore, what ruin happens to this realm by the maintaining of the wars, the said lords not coming to take their part to the effect written above, it should be laid to their charge, they not compearing, and they to be accused thereof. And similarly, if peace was taken through the causes of necessity, that the lords written above would not come to take their part in defence of the realm, or to give their counsel therein, that if the said peace was had by which we lose our friends and confederates, that the charge thereof should be imputed to the said lords and the same laid to their charge and they accused for the same.

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Gavin [Dunbar, younger], archbishop of Glasgow, in the name of the spiritual estate, protests in the manner written above.

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Legislation

Regarding the article of peace, the lords, all with one advice and consent, think it expedient for the great necessities that occur, as well by invasion of our enemies of England as by the division currently within the realm, through which apparent ruin and destruction shall hastily come to the realm unless good order be made therein by way of peace, that therefore peace be taken between these two realms, by sea and by land, for the space of three years, with certain conditions as shall be thought expedient for the good of both the realms, and sent in articles with the commissioners thereupon, with comprehension especially of France, if it can be gotten, or as follows:

Item, it is agreed that in the present treaty, alliances and confederations should be comprehended of both parties, unless [one party] has in any way detained or taken away any kingdoms, lordships, lands, dukedoms, possessions, hereditary property or assessed pensions without annuities or debts or movable or immovable goods pertaining to either king; in which case it should be considered thoroughly as not comprehended. And if it can be gotten, to take it with general comprehension of our friends and confederates, always with this article being adjoined: that it should be lawful to us to help fortify and supply our confederate [Francis I], king of France, his realm and lieges with men, ships, victuals and all other necessities outwith the realm.

Item, [Henry VIII], king of England shall procure, solicit and cause [Charles V], king of Spain, [holy roman] emperor [elect], to enter with such amity and kindness with us for the realms of Spain and Flanders as they were of before.

Item, that an article be made that is shall be lawful for the lieges of the kings of both the realms to travel through the other without [safe] conduct.

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Item, it is statute and ordained that it shall not be lawful for the lords having the authority of the king to use the same but by all the lords together or the majority of them, the rest being required that are present; and in such things as shall happen to occur, to convene and commune thereupon and, with all other advice, conclude and subscribe as appropriate and not otherwise.

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