In many cases the ejection of the ministers and the loss of their
stipends did not prevent them from continuing the duties of their
office. Secret meetings, either in private houses or in secluded
localities, replaced the ordinary services of the Church. For the
purpose of checking this violation of the law, the Council, on the 13th
of August 1663, again intervened with an Act. It commanded and charged
all ministers appointed in, or since, the year 1649, who had not
subsequently obtained presentations from the patrons, and yet continued
to preach or to exercise any duty proper to the functions of the
ministry, either at the parish churches or in any other place, to remove
themselves, their families and their goods, within twenty days, out of
their respective parishes, and not to reside within twenty miles of
them, nor within six miles of Edinburgh or any cathedral church, or
three miles of any burgh within the kingdom.
In 1665, this Act was extended so as to include the older ministers,
that is, those who had obtained their livings prior to the year 1649;
and, on the same day, a proclamation against conventicles and meetings
for religious exercises was published. It warned all such as should be
present at these unlawful gatherings, that they would be looked upon as
seditious persons, and should be punished by fining, confining and other
corporal punishments, according to the judgment of the Privy Council, or
any having the King’s authority.
To replace the recusant clergy, a number of ministers, King’s curates,
as they were called, had been appointed by the bishops. They were so
coldly received by the people that, to provide them with congregations,
the Privy Council commanded all loyal subjects to frequent the ordinary
meetings of public worship in their own parish churches; and required
magistrates to treat those who kept away as though they were Sabbath
breakers, and to punish them by the infliction of a fine of twenty
shillings for each absence. These measures having proved ineffective,
the pecuniary penalty was greatly increased by a subsequent Act of
Parliament. For refusing to recognise the curates, each nobleman,
gentleman or heritor was to lose a fourth part of his yearly revenue;
every yeoman, tenant or farmer was to forfeit such a proportion of his
free moveables (after the payment of the rents due to the master and
landlord) as the Privy Council should think fit, but not exceeding a
fourth part of them; and every burgess was to be deprived of the
privilege of merchandising and trading, and of all other ‘liberties
within burgh,’ in addition to the confiscation of a fourth part of his
moveable goods. Further, to prevent any evasion of the law against
conventicles, proclamations issued at various times, prohibited all
preaching and praying in families, if more than three persons, besides
the members of the household, were present; and made landlords,
magistrates and heads of families answerable for the default of those
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