HIS MAJESTY’S ADVOCATE: SIR JAMES STEWART OF GOODTREES (1635-1713) AND COVENANTER RESISTANCE THEORY UNDER THE RESTORATION MONARCHY E. Calvin Beisner A Thesis Submitted for the Degree of PhD at the University of St. Andrews 2003 Full metadata for this item is available in Research@StAndrews:FullText at: http://research-repository.st-andrews.ac.uk/ Please use this identifier to cite or link to this item: http://hdl.handle.net/10023/2698 This item is protected by original copyright This item is licensed under a Creative Commons License His Majesty's Advocate: Sir James Stewart of Goodtrees (1635-1713) and Covenanter Resistance Theory Under the Restoration Monarchy E. Calvin Beisner His Majesty's Advocate: Sir James Stewart of Goodtrees (1635-1713) and Covenanter Resistance Theory Under the Restoration Monarchy E. Calvin Beisner Department of Scottish History, School of History University of St Andrews 2002 Abstract This thesis is the first to explore the life and political thought of Sir James Stewart of Goodtrees (1635-1713). The first part reviews the life of his father, Sir James Stewart ofKirk field (1608-1681) to 1661, and Goodtrees' own life from birth to his admission to the Scots bar in 1661. This provides the backdrop of history necessary to appreciate his contributions as both writer and radical activist. Particular attention focuses on the conflict between Charles I and Charles II, on the one hand, and the Church of Scotland, on the other; the National Covenant (1638) and the Solemn League and Covenant of(1643); the British wars of religion; and the upheavals following the Restoration in the 1660s, culminating in the Pentland Rising of 1666. The next part develops Goodtrees' political philosophy from his two most important writings. Chapter 3 reviews and interprets Naphtali (1667), a defence of those who rose at Pentland. Chapter 4 reviews Andrew Honyman's Survey of Naphtali (1668, 1669), a rebuttal of Naphtali and standard Anglican case for royal absolutism. Chapter 5 reviews and interprets Goodtrees' Jus Populi Vindicatum, or The People's Right, to defend themselves and their Covenanted Religion, vindicated (1669), his rejoinder to Honyman. His Calvinist, covenantal constitutionalism is shown to be an important link between earlier resistance theorists like John Knox and Samuel Rutherford and the later Whigs, represented preeminently by John Locke. The third part (chapters 6-7) reviews Goodtrees' life and minor writings as a radical critic of the Restoration monarchy; a participant in plots among British exiles in Holland to overthrow it; a member briefly of James's Scottish government before the Revolution; and lord advocate and churchman pursuing political, legal, and ecclesiastical reforms afterward. 11 Declarations (i) I, E. Calvin Beisner, hereby certify that this thesis, which is approximately 115,000 words in length, has been written by me, that it is the record of work carried out by me and that it has not been submitted in any previous application for a higher degree. Date 4"c1~...w;-signature of '-'<UlLUH,LUL'-' (ii) I was admitted as a research student in October 1995 and as a candidate for the degree of Doctor of Philosophy in September 1996; the higher study for which this is a record was carried out on a part-time basis between 1995 and 2002. Date 41}&",,-ignature of candidate (iii) I hereby certify that the candidate has fulfilled the conditions ofthe Resolution and Regulations appropriate for the degree of Doctor of Philosophy in the University ofSt Andrews and that the candidate is qualified to submit this thesis in application for that degree. Date _____ Signature of supervisor _____________ Copyright Permission In submitting this thesis to the University of St Andrews I understand that I am giving permission for it to be made available for use in accordance with the regulations of the University Library for the time being in force, subject to any copyright vested in the work not being affected thereby. I also understand that the title and abstract will be published, and that a copy of the work may be made and supplied to any bona fide library or research worker. Date • .4!t/J..Signature of candidate iii Acknowledgments lowe thanks to so many people at the end of this seven-year project that it is almost certain that I shall unintentionally leave some unnamed who deserve mention. I beg their pardon. Covenant College President Frank Brock and Vice President Nick Barker first urged me, in August 1994, to pursue a Ph.D. I distinctly remember praying, after a little checking on costs, 'Lord, the only way this could possibly happen is if someone were to give me a grant not only to cover full tuition, fees, and expenses, but also to replace all my self-employed income-and that's so ridiculous, Lord, I'm not even going to ask You about it'. I told no one of that prayer, and for eight months I didn't so much as think again of pursuing a Ph.D. Then one day the phone rang and President Brock said he had just received 'the strangest phone call'. Some supporters of the college said they thought I should have a Ph.D., and 'they want to pay for it, and they want to do it right. They want to pay your full tuition, fees, and expenses, and replace all your self-employed income. They wanted me to call and ask you if you're interested'. It was as if! were hearing Jesus say, 'Oh ye of little faith, how long must I put up with you?'! So the next thanks go to a couple, who would prefer to remain unnamed, whose generous grant enabled me to pay for the studies and take the time necessary for them, and to Herbert Schlossberg and Steve Ferguson, who suggested that they do it. Thanks go next to Roger A. Mason, my supervisor at St Andrews, who not only suggested Sir James Stewart of Goodtrees for my focus but also patiently guided me through these seven years during which I learned that I had not begun nearly so well seasoned a scholar as I had thought-never once did he point out the unwarranted pride with which I began. Several other scholars have offered specific assistance, including J. D. Douglas, lain Murray, John Cairns, Aza Goudriaan ofthe University of Leiden's faculty of theology, Georgina Jan Gardner who sent me a copy of her excellent Oxford thesis, and Jackie Cork. Tineke Goudriaan helped me find archival information at the University of Leiden. My friend Rev. David Hall, himself a scholar on the history of Calvinist political thought, kindly included me in a Liberty Fund scholars' colloquium on the monarchomachs where I met Johann Sommerville and David Wootton, whose comments and conversations helped shape my thinking. Dr. Fowler White, my dean at Knox Theological Seminary, has generously arranged my teaching schedule to accommodate the need to finish the dissertation. iv Many librarians have helped, including University of St Andrews rare books librarian Christine Gascoigne and archivist Norman Reid, the University of Aberdeen library's Linden C. Rogers, Edinburgh University archivist Arnott T. Wilson and library staff member Irene A. Ferguson, and the University of Leiden library's Silvia Compaan-V ermetten. For her indispensable aid, patience, and good humour in teaching me to read seventeenth-century Scots paleography and to navigate the Wodrow Collection at the National Library ofScotland, not to mention sharing her insights into the Covenanters' spirituality, lowe special thanks to Louise Yeoman. Ethan Pettit of the Covenant College library, Ron Kilpatrick, librarian at Knox Theological Seminary, and Sean McNulty, interlibrary loan officer at Broward Community College have helped me obtain many items through interlibrary loan. Friends and family also deserve my thanks. Hundreds of Christian brothers and sisters, especially members ofReformed Presbyterian Church ofLookout Mountain, Georgia, and St. Andrews Presbyterian Church of Hollywood, Florida, and colleagues at Covenant College and Knox Theological Seminary, have prayed for me. lowe thanks particularly to Douglas and Di Taylor and their six children for welcoming and loving our family during our year there, and to their son Luke for making about 4,500 photocopies of rare books from the Hay Fleming Reference Library after Sabena Airlines lost the box that contained the first set of copies I had made. Rev. Kevin Skogen was a tremendous encouragement and gave me the opportunity to labour with him on the church session, affording me first-hand experience of the inner workings of Presbyterian government, discipline, and worship, matters dear to Sir James Stewart's heart and integral to the history surveyed here. My father, who died nine years before I began this project, first instilled in me a love ofliberty and political thought. My mother and my father-in­ law encouraged and prayed for me. My wife Deborah, to whom I dedicate this work (Yes, it's about time-after dedicating a book to each of our seven children!), has encouraged me, prayed with and for me, and borne much more than her share of the load of raising and home schooling our children to free me to concentrate on this work. Our children-David, Susan, Kilby, Becky, Peter, Arthur John, and Grace (who was born in St Andrews during my first year of study)-have encouraged and prayed for me, patiently accepted my distraction from them, and been constant sources of great joy. Pembroke Pines, Florida 4 October 2002 Soli Deo Gloria. v Table of Contents Abstract 11 Declarations 111 Acknowledgments IV List ofAbbreviations V11 Introduction 1 1. The Stewarts of Kirk field and Coltness 10 2. An Advocate of Liberty in Turbulent Times: Stewart's Life, 1635-1669 29 3.