166 PROCEEDINGS OF THE SOCIETY, FEBRUARY 10, 1908. I. "BANDS" OR COVENANTS IN SCOTLAND, WITH A LIST OF EXTANT COPIEE SCOTTISTH F SO H COVENANTS REVE .TH JAMEY B . S KING HEWISON, M.A., D.D., F.S.A. Scot. An interesting chapte n i Scottisr h history might he written regarding the origin and continuance of " bands" or bonds, leagues, mutual indentures, arid covenants generally, having for their objects the protection of individuals, clans, or families, and the nation, or of certain rights, privileges, or possessions, personal or national, when these were menaced. Assurance f thio s s character, give d receivedan n n somi , e simple a bindinmanner y b e r consideregb o , writy ma , a primitivd e custom e example e covenantTh th . f o s s referred recordean o t n di d e Holth y Scripture sf Christiao wer a eer copiee nth civilisationn di d an , invested similar agreements wit a morh e binding force supposee b o t d resule th f thio t s religious association earln importand A y.an t compact, fraught with very happy result r Scotland sfo e Bru d Th s tha san f o wa ,t three gallant outlaws, as referred to in Balfour's Annals (i. 89), under yeae th r 1306, thus:—"This zeir ea niivtual s thewa r l endenture made betuix Sr Gilbert Hay of Erole, Sr Neill Campbell of Lochaw, and Sr Alexander Setton, Knights, at the abbey of Londors, to defend King Eobert and hes croune to the last of ther hloodes and fortunes; wpone the sealling of the said indenture, they solemly toke the Sacrament at St Maries altar, in the said abbey-churche." For consolidating their personal power and influence as chieftains, head f familiesso r head,o f burghso s givwelo s t a , s ela them indisputable rights over the lives and possessions of their retainers and allies, the head-men e ,Highland th e botLowlands th n i h d an s , exacted these bond f manreno s d indenturesan t o thas , t their increased powes a r independent justices becam emenaca e Crowconstio t botth d o ht n an - tutional government. Consequently e Estateth , f Scotlano s d fount i d imperative, in 1424, by chapter 5 (Act, Part. Scot., ii. 7), to make illegal "BANDS COVENANTR O " 7 16 SCOTLANDN I S . all bands, leagues, and risings of the commons in burghs under pain of confiscation of goods, and the offenders' lives being at the King's will. This enactment was extended in 1503 (c. 43; c. 33) to apply to land- ward districts; but afterwards, in 1584 (c. 4), and in 1585 (c. 6), this stringent enactment was modified so as not to apply to bands or conven- tions for the maintenance of those laws and liberties in church and state already declared to be lawful. This statute was again, ratified on 16th January 1661 (Charle , Act.s12 II.. c Parl., Scot., vii. 12). Thu lae wsth stood till 24th June 1662, whe e "Acnth t (12, vii. 377-8) for Preservatio s MajestieHi f no s Person, Authoriti Governmentd ean " embodied certain clauses declarin l leagueal g d covenantan s e b o t s " rebellious and treasonable," and " The National Covenant " and " The Solemn League and Covenant," in particular, to be "in themselffs unlawful Oaths." By Act 5 (1685) the covenants were again made treasonable (Act. Parl. Scot., viii. 461). While this latter Act may be inferred to bo annulled by certain restrictive Acts passed at the Revolu- s finalltionwa ) y, 12 tharepeale . f ] 1666 StatutEdw(c o 7 [ t 2 .y b d e Law Revision (Scotland) Act 1906 [c. 38]. alss i t oI worth f notyo e thae Privth t y Council Minutes record many bond agreementd san s entered into between parties which were referred to the Privy Council for their imprimatur, so that the principals might contract mutuall e considereb o t y d dishonest, perjurers d impiouan , s men, should they brea e deee termth th k d f o ssanctione e lawth . y b d offendee Th r thus constituted himsel criminaa f l punishabl lawy eb . In all likelihood the early British Protestants, as Wycliffites, Lollards, Gospellers Testamentarsw Ne , , Sacramentars, Heretics, long held them- selves togethe y secreb r t bond f communiono s f whico , h onle th y faintest traces are preserved. In George Wishart's day, Sir George Douglas brother to the Earl of Angus, the Earl of Cassillis, the Earl of Glencairn, and John Erskine of Dun, agreed to protect the feeble cause of Protestantism. Bothwell, honoutooo t , w e Ormistobrokvo th r s ehi n bond entered into for the protection of Wishart (Knox, i. 134-141). reture Th Knof no Scotlano xt 155n di 5 mad framine eth bond a f go , 168 PROCEEDINGS OF THE SOOIETY, FEHRUARY 10, 1908. a religioubot f o h d politicaan s l character, binding influential Scots Evangelical Protestants together, absolutely imperative. Their peril create e opportunityth d . Consequently Knox himself narrates that, afte toua r f preachino r e winteth f n 1555-56i go r , he-went norto t h Dun, and there ministered " the Table of the Lord Jesus " to " gentilmen e Mernseoth f praisede ,b whod thio constantliGo y ,t , sda remano ed n ei same th e doctrin, -which then thei professed witto t , , that thei refuissed all societie with idolatrie, and band thame selfis to the uttermost of thare poweris, to manteane the trew preaching of the Evangell of Jesus Christ, should asGo d offer unto thame preacheari oportunitied an s " (Knox, i. , 250)r M'CriD . e concluded that this confederation originatee th d first covenant. Knox a doe t s recor no s wa y tha s term it t dsa i t r o s written deed. Kno agais e e incitexleaderwa Refore th nth th f f o ro sm movement meeo t n Edinburghi t d Decembe3r n o , r 1557 d subscriban , e "The Commo r Godlno y Band, f whic"o a hcop s ypreservei Nationae th n di l Museu Antiquitief mo s (Knox . 273i , , 274 . 674-vi , 6 ; Calderwood. i , 326; Keith, i. 154; National MSS. of Scotland, iii., plate xi., facsimile). extane Th t example only bear e signatureth s f Archibaldo s ] Erif eo Ergyl, Glencarne, Mortoun, Archibald] Lord of Lome, Jhoue Erskyne. Knox, however, inform subscribes thas wa u s t i t "y d manb y otheris.'' . The next bond of similar import was that of the Congregation, sub- scribed Mai f Pertht "o A lasy e j "th ,tda 1559 "y Archb , . Ergyle, James Stewart, Mathovv Campbell of Teringland, Glencarne, E. Lord Boyd, TJchiltrie " (Knox, i. 344, 345 ; vi. 24). "A Geiierall Band," signe n Edinburgi d n 13to h h July 1559s i , recorded in The Register of the Kirk Session of St Andrews (i. pp. 6, 7 ; y FleminHa . D gedit r (Scot.D . Hist. Soc.)). Othere th bond r fo s protectio e Congregatioth f o n n were entere e mosth f dto intoe on , interesting bein e Edinburgh-Leitth g h Covenant f dato , e 27th April 1560, preservew e no Hamilto, th n i d n archives. Afte e Reformatioth r e mosth n t important bons thawa dt which "BANDS" OR COVENANTS IN SCOTLAND. 169 resulted from a scare caused by Popish intrigues in 1580. King James personally superintended its creation, which he entrusted to his chaplain John Craig t I appeare. d unde e titlth re "ane shord an t general Confession e truth e f o Christiane e Fayt Religiond han e accord- ing to Godis Vorde, and Actis of our Perlament, subscryued by e Kingith s s HousholdMaiestihi d an e , with sindrie otherise th o t , glorie of God, and good example of all men att Edinburght, the 28 day of Januare 1580, and 14 yeare of his Maiesties reigne." It was subscribed first by King James and by many nobles and gentlemen. e originaTh s i preservel e Advocatesth n i d ' Library e (Booksth f o Universall Kirk, ii. 515-518). This bon alss di o know King'e "s nTh a s Confession, Covenant,"e "Th " "The National Covenant," "The Confession of Faith," "The Second Confession of Faith," and " The Negative Confession." The National Covenant, published and subscribed in Greyfriars' Church, Edinburgh, on 1st March 1638, is an instrument embodying Nationae th l Covenan f 1580-1o t , together witsupplementso tw h e th , one specifyin Acte gth f Parliamen so t suppressing Poper establishind yan g Protestantism e otheth d r declarinan , g tha s subscriberit t s defendee dth established faitd forboran he innovationth e e Church—canonsth n i s , liturgy, etc.—introduce y Kingb d s Jame d Charlesan s , which were abjured as "heads of Papistrie" (Act. Parl. Scot,, v. 294-298; Large Declaration, 57). Soleme Th n Leagu Covenand ean simplf a 164 o ts 3wa e treaty between Scotlan Englandd dan , "For Reformation Defencd an , f Religiono e e Th , Honour and Happiness of the King, and the Peace and Safety of the three Kingdoms of Scotland, England, and Ireland." Its object was the preservation of the Reformed religion in the Church of Scotland, and the reformation of religion in Englainl and Ireland, "according to the Word of God, and the example of the best Reformed Churches." The General Assembly of the Church of Scotland accepted this League on 17th August 1643 e Conventioth , f Estate o nsame th en so date d an , the parliament men of England, the commons, and some peers, on the 170 PROCEEDINGS OF THE SOCIETY, FEBRUARY 10, 1908.