The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

The Ninth Parliament of Queen Mary, Act 75.

IT is statuted and ordained by the Queens Majesty, and Three Estates in Parliament, That no man∣ner of person or persons, of whatsoever quality, estate, condition, or degree, Lieges of this Realm, attempt to do or raise any Bands of men of War, on Horse or Foot, with Culverings, Pistols, Pikes, Spears, Jacks, Splents, Steel-bonnets, white Harnis, or other War-like Munition whatsoever, for daily, weekly, or monthly Wages in any time to come, without special Licence in Writing had and obtained of Our Sovereign Lady and her Successors, under the pain of death, to be executed upon the Raisors of the said Bands, as also upon them that do conveen and rise in Bands.

Now Our consent to their Covenant was not only never granted, but never so much as once asked.

When they have satisfied these important Que∣stions and Considerations, which are obvious to all men who are acquainted with Laws and Go∣vernment, then let them bethink themselves how they will answer, not only to all Divines abroad who are not Jesuited, but even to their own Universities at home in that Our Kingdom, in the case of Conscience, how any Oath, much less such an unlawful Oath as this, can be administred to any Prince his Subjects, without his Consent or Authority. There are but two Universities in Scotland which confer all Degrees, S. Andrews and Aberdene; both these, upon the first coming abroad of this their Covenant and Oath, did op∣pose it, and severally set forth, sent abroad and dispersed in writing, those excellent and unan∣swerable Reasons against it, which We have seen and have, but which the Covenanters did never answer. Besides, the Divines of Aberdene set out in print their Queries to the three Ministers, sent thither from their Table to perswade their Cove∣nant, which how poorly and pitifully they an∣swered, and so again, how they answered the same mens Duplies, as miserably as their former Que∣ries, We leave to the judgment of Scholars, to whom these three Ministers weakness in their Answers hath made them sufficiently ridiculous. There is likewise an University in Glascow, which because it hath but one Colledge, and hath not of late conferred any Degree above that of Ma∣ster of Arts, is called the Colledge of Glascow.

They of that Colledge were very backward to come into their Covenant, until they were ex∣tremely threatned; and when they came, they premitted such interpretations and limitations, as were destructiv of the very foundation of it; some of the Regents never came in at all. In the Colledge of Edenburgh, where there are but four Regents, how two of them, for not subscribing their Covenant, were expelled from their places, is notoriously known. Now one would think, that in any Kingdom the Judgment of the learn∣ed Professors in Universities and Colledges, in a point of Conscience, should weigh down the groundless opinions of their Tables, consisting of Noblemen, Gentlemen, Ministers, and Trades∣men.

But leaving the many unanswerable Reasons which may be brought against this their Covenant, We shall desire the Reader to observe three things, which appeared at the very first coming out of it:

First, How in it they swelled far above all that ever was complained of, either in their Tumults or Petitions: In their Tumults they complained only of the Service-Book; in their Petition exhi∣bited to Our Council and sent up to Us, they com∣plained of the Service-Book and Book of Canons; more of their grievances then, We knew not: Now in this their Covenant, besides these two, they complain of, and do abjure, as they make their Adherents believe, the five Articles of Pearth, which were established by Acts, first of the general Assembly, and then of Parliament; Then they complain of the high Commission, which ever since the Year 1609. hath been quiet∣ly established and in practice amongst them; Then they complain of Prelates sitting in Civil Judica∣tories; a thing which we cannot chuse but wonder at, not only in regard of Our Self, whom by this means they would rob of the benefit of the Abi∣lities of any of Our Subjects in Our Counsels and Affairs of State, as if Holy Orders did superinduce a disability for Civil Wisdom and Prudence; but e∣specially in regard of themselves, because by this strange conceit they contradict, more than they are aware of, their own false and prodigious opinions: For what incongruity can they find in it, for a Bi∣shop to ••it at our Council Table, where many cau∣ses are heard, in which Religion is concerned; or in Our Session, where many Church-men have trials for their Maintenance? When they them∣selves hold it not only convenient, but necessary, and that even Jure Divino, that Noblemen, Gen∣tlemen, Merchants, Taylors, Sadlers, Shoo∣makers, and others of most Mechanical Trades, shall ••it and give Sentence in Parochial Sessions and in Presbyteries, in Causes Ecclesiastical, and those of the highest Nature, even the last and su∣premest Censures of the Church, Excommunicati∣on, and depriving of Ministers; nay, that they shall give Sentence in the general Assembly (a Judicatory which now they hold to be above Our Session, Council, or Parliament; for they main∣tain that the Acts of that Assembly may, in many cases, disannul and derogate from the Acts of the other three) where they do assume to themselves to determine all questions de Fide, Cultu & Disci∣plina, of Faith, Worship or Discipline, and in which of late they did assume to themselves pow∣er to determine, and, according to their weak and poor power, did determine Controversies concerning Predestination, universal Grace, irre∣sistibility of Grace, concurrence of Free-will with Grace, total or final falling from Grace, and other such like intricate Points, as some men would be loath to live so long until they could make them understand them.

Secondly, We desire the Reader to observe with what affections this their Covenant was received abroad, both by Protestants and Papists, at the very first publishing of it: By Papists it was recei∣ved with infinite joy, as hoping that now the time was come in which both We and Our Successors might be brought to abhor and detest that Reli∣gion, whose professed Zealots had been the Au∣thors of such an unsufferable Covenant, which, could not consist with Monarchy; which appear∣ed to Us most evidently by the Advertisements which then were sent up to Us from some of Our Council of that Kingdom, that the sudden and frequent arrival of Priests and Jesuits from Doway and other Seminaries beyond the Seas, was so great, in hope of their welcome to Us, because of this seditious Covenant, that unless some speedy order were taken for their present discouragement and sendin•• back, the evil might quickly pass remedy; which moved Us, notwithstanding these present Broils, to take present order for such proceedings against them, as they were forced to retire. With Protestants abroad, it was received with most of∣fensive scandal and infinite grief; which appeared unto Us by Advertisements from some of Our pub∣lick Ministers abroad, who certified Us, that both the Ministers and others of their Consistory at Charenton, and of other Reformed Churches in France, as also the Professors, Ministers, and Con∣sistory of Geneva, and of other neighbouring Re∣formed Churches in those parts, were so scanda∣lized with this prodigious Covenant, as that they were afraid of nothing more than this, that it would bring an indeleble scandal upon the Re∣formed Churches, and alienate the minds of all the Princes of Christendom from ever entertain∣ing a good thought of their Religion. Of what condition then and fearful consequence that Co∣venant is, which bringeth grief and offence to Our Friends, joy and triumph to Our Enemies, is evident to all eyes that are opened.

Thirdly, We desire the Reader to consider with what fury and madness this Covenant, after it was conceived, was obtruded to all sorts of People: With what threatnings, with what beating, tear∣ing of the clothes, drawing of the blood, and ex∣posing to thousands of injuries and reproaches, at Edenburgh, S. Andrews, Glascow, Lanarick, and many places more, of those Ministers, who out of religious conscience towards God, and loyal carriage towards Us, did either disswade their Parishioners from entring into it, or could not by their intreaties or threatnings be perswaded to enter into it themselves. No doubt it cannot be a Covenant approved by God, the first bitter and accursed fruits whereof were the many drops of blood drawn from many of God's Ministers, which now no doubt do call for God's vengeance upon the whole Land.

Now, the fire of this seditious Covenant flaming throughout all the corners of the Kingdom, and that to such an unexpected height and violence, as it was past both the skill and power of Our Coun∣cil to quench it, Our Council resolved to send up unto us Sir John Hamilton Our Justice Clerk, one of Our Privy Council, and one of the Lords of Our Session, that he might fully acquaint Us with the passages of this Rebellion, and the consequences of it. After Our hearing of him many times, and many consultations had with such of Our Council of Scotland as were then here present, and such of our Council here in England as We thought

fit to communicate this business unto, We resol∣ved to send unto that our Kingdom the Mar∣quess of Hamilton with the full power of an High Commissioner, as in other Cases our Royal Fa∣ther and we had many times done in important business concerning that Kingdom; and in the mean time, we dispatched home the said Sir John Hamilton to give notice thereof, but that they might carry themselves quietly until our Com∣missioner his coming, from whom they were to expect our pleasure, with all favour which might consist with Royal Authority, as also that they might before our Commissioners going from hence, have time to make us fully acquainted with the uttermost of their Grievances, that so accordingly our Commissioner might receive In∣structions from us for giving unto them all just sa∣tisfaction.

And so we, having here taken into our serious consideration all their Petitions, which we might have justly rejected, because of the insolencie of their demeanour, and their tumultuous way of presenting them to our Council, yet resolved to take the mildest course we could for calming of these Commotions, and therefore we settled up∣on a way usually practised by our Royal Father in that Kingdom since his coming to the Crown of England, viz. to establish an High Commis∣sioner, with full Power and Authority to con∣clude and determine all such things as should be found for the good, quietness, and peace of that Kingdom, with as full and ample power as other Commissioners had exercised in any time of our Royal Father, and especially at Parliaments. And considering that none, in the consultations which we held for this business, had ever shewed himself more forward and inclinable to advices and counsels of Peace, nor a more zealous Patri∣ot towards his Native Country, than our right trusty and well-beloved Cosin and Councellor of both Kingdoms, James Marquess of Hamilton, &c. Gentleman of our Bed-chamber, and Ma∣ster of our Horse; We made choice of him for our High Commissioner, to that purpose, being perswaded both of his Loyalty and Fidelity to∣wards us, as also of the great acceptation of his Person with our Subjects there, in regard of his Birth and Place, but especially of his singular care of, and love to his Countrey, which they them∣selves did know he had so piously and affectio∣nately expressed in all his Consultations and Coun∣sels here with us: Him therefore we dispatched from hence with full Instructions, according to which he was to receive his Commission under our Great Seal of that Kingdom at his coming thither, which he received and presented to the Lords of our Council, frequently assembled at Dalkeith, the sixth of June following; the true tenour of which Commission here followeth.