The Story of the Scottish Covenants in Outline

by David Hay Fleming

The Solemn League and Covenant had already been burned by the hangman in London; and the long and bloody persecution in Scotland had already begun. An example had been made of the Marquis of Argyll, and of James Guthrie, the minister of Stirling. Both suffered at the Market Cross of Edinburgh in the same week, Argyll on Monday, the 27th of May, and Guthrie on Saturday, the 1st of June, 1661. To secure Argyll’s conviction, Monk was base enough to give up several of his letters proving his hearty compliance with the Usurper’s government after it was established. The case for the prosecution was closed before the letters arrived; but they were nevertheless received and read.

Sir George Mackenzie—later to acquire an unenviable notoriety as the Bluidy Mackenyie—was one of his advocates, and in his opinion the Marquis suffered mainly for the good old cause. Guthrie had never compromised himself in any way with Cromwell, who described him as the little man who would not bow.

Ministers Disqualified

The Parliament of 1662 not only re-established Prelacy, but decreed that no minister, who had entered after the abolition of patronage in 1649, should have any right to his stipend unless he obtained presentation from the patron and collation from the bishop; and that ministers who did not observe the Act of 1661, appointing the day of the King’s restoration as an annual holy day unto the Lord, should be incapable of enjoying any benefice. It also declared that the Covenants were unlawful oaths, and enacted that no one should be admitted to any public trust or office until he acknowledged in writing that they were unlawful.

Ministers Ejected

These Acts of Parliament were speedily followed up by the Privy Council, which, in September 1662, ordered all ministers to resort next month to their respective bishop’s assemblies; and in October commanded all the ministers entered since 1649, and who had not since received the patron’s presentation and the bishop’s collation, to quit their parishes. By this latter Act it has been reckoned that fully three hundred ministers were turned out of their charges.

Church-Courts Discharged

When Prelacy was established in 1610, James the Sixth was much too politic to close the ecclesiastical courts which had been set up and carried on by the Presbyterians. “Honest men” continued to maintain in them “both their right and possession, except in so far as the same were invaded, and they hindered by the bishops.” But, by command of Charles the Second, synods, presbyteries, and kirk-sessions had now been (by a proclamation of 9th January 1662) expressly discharged “until they be authorized and ordered by the archbishops and bishops upon their entering unto the government of their respective sees.” At his first Diocesan Synod, Sharp took care that ruling elders should have no standing in his presbyteries, or “meetings of the ministers of the respective bounds”; and he likewise circumscribed the power of these “meetings.” Instructions were also given that each minister should “assume and choose a competent number of fitt persons, according to the bounds of the parish,” to assist in session, etc.

Court of High Commission

Early in 1664 the King resolved to re-erect, by virtue of his royal prerogative, the Court of High Commission, to enforce the Acts “for the peace and order of the Church, and in behalf of the government thereof by archbishops and bishops.” The extraordinary power vested in this court was increased in range by the general clause, authorising the Commissioners “to do and execute what they shall find necessary and convenient for his Majesty’s service in the premises.” Any five of the Commissioners could act, if one of them were an archbishop or bishop. No provision was made for any appeal from the judgment of this court. Of it a learned member of the bar has said: “All law and order were disregarded. The Lord Advocate ceased to act as public prosecutor, and became a member of this iniquitous tribunal. No indictments were required; no defences were allowed; no witnesses were necessary. The accused were dragged before the Commissioners, and compelled to answer any questions which were put to them, without being told of what they were suspected.” The court could order ministers “to be censured with suspension or deposition”; and could punish them and others “by fining, confining, committing to prison and incarcerating.” For nearly two years this court harassed and oppressed the Nonconformists of Scotland.