The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2025), date accessed: 25 June 2025

[1661/1/36]1

Act concerning the League and Covenant

Forasmuch as the power of arms, and entering into and making of leagues and bonds, is an undoubted privilege of the crown, and a proper part of the royal prerogative of the kings of this kingdom, and that in recognisance of his majesty's just right, the estates of parliament of this his most ancient kingdom of Scotland have declared it high treason to the subjects thereof of whatsoever number less or more, upon any pretext whatsoever, to rise or continue in arms, or to enter into leagues or bonds with foreigners or among themselves without his majesty's special warrant and approbation had and obtained thereto and have rescinded and annulled all acts of parliament, conventions of estates or other deeds whatsoever contrary to, or inconsistent with the same; and whereas during these troubles, there have occurred diverse things in the making and pursuance of leagues and bonds which may be occasion of jealousy in and between his majesty's dominions of Scotland, England and Ireland, therefore and for preventing of all scruples, mistakes or jealousies that may hereafter arise upon these grounds, the king's majesty, with advice and consent of his estates of parliament, does hereby declare that there is no obligation upon this kingdom by covenant, treaties or otherwise to endeavour by arms a reformation of religion in the kingdom of England, or to meddle with the public government and administration of that kingdom, and the king's majesty, with advice and consent foresaid, does hereby declare that the League and Covenant and all treaties following thereupon, and acts or deeds that do or may relate thereto, are not obligatory, nor do infer any obligation upon this kingdom or the subjects thereof, to meddle or interpose by arms or any seditious way in anything concerning the religion and government of the churches of England and Ireland or in what may concern the administration of his majesty's government there; and further his majesty, with advice and consent of his estates, does hereby discharge and inhibit all his majesty's subjects within this kingdom that none of them presume, upon any pretext of any authority whatsoever, to require the renewing or swearing of the said League and Covenant, or of any other covenants or public oaths concerning the government of the church or kingdom without his majesty's special warrant and approbation, and that none of his majesty's subjects offer to renew and swear the same without his majesty's warrant as said is, as they will be answerable at their highest peril.2

  1. NAS. PA2/26, 21.
  2. In the original warrant, dated 25 January 1661, the following clause is added: 'And that there may not the least doubt remain in the minds of any of his majesty's subjects concerning this affair, his majesty, with advice and consent foresaid, does hereby rescind and repeal the commission given upon 16 July 1644 to some to go to England to treat upon articles and propositions of peace in pursuance of the League aforesaid, and declares the same, with all the deeds, treaties and acts whatsoever passed and done by them or that has followed thereupon, to be in all time coming void and null'. The alteration in the record was made by an act/order of parliament of 9 July 1661 entitled, act anent the amendment of some of the acts of parliament. See footnote in APS.