Trial and Banishment
In the summer of 1660, two years after the death of Cromwell, Charles assumed the throne of England, and Livingstone foresaw there would be an overturning of all that had been achieved. This proved correct.
The first Scottish Parliament to sit after the Restoration was quick to prove its loyalty to the King by placing in his hands the supreme power in all matters civil and ecclesiastical.
The Act of Rescissory, by which all precedings for reformation between 1638 and 1650 were declared rebellious and treasonable, was an anthema to the now despised Covenanters.
A proclamation was announced that all ministers who had come in since 1649 who had not kept the Holy Day of 29th May (date of Charles`s crowning at Scone) must acknowledge prelacy or get out. Livingstone, like many of his kind, was in despair at this directive and soon spoke out against it.
His outspokeness was soon to bring its expected repercussions. On 20 November, 1662 he received letters informing him that on the 18th the Privy Council had ordered sixteen ministers to be brought before it in Edinburgh. He was on the list.
Although he had not received the citation, he went to Edinburgh but kept himself closeted until he could determine what the Council had in mind for him. If it was banishment, as in the case of two the previous year, then he would appear.
On the other hand, as he put it, "....if I had found they were on such ane design as against Mr Guthrie, that my life were in hazard, I was minded to lurk and not appear, seeing I was not cited nor apprehended".
He was to appear on 11th December having received the summons. The main reason for coming before the Council was to take the Oath of Allegiance, wherein the King was to be acknowledged supreme governor over all persons, both civil and ecclesiastical.
As Livingstone thought, this was contrived in so general, ambiguous, and comprehensive terms that it might import receding from the covenant for reformation, and the bringing in of Bishops.
He would later assert that the oath was one of supremacy rather than allegiance.
Asked if he required time to make up his mind on taking it, he refused believing that this would give the impression that he was unsure of himself, and also it might have left himself open to temptation.
Before giving his answer he testified as follows, " My Lord, I doe believe indeed, and confess that Jesus Christ is the only Head of His Church, and that He only hath power to appoint a government and discipline for removing offences in His own house, which is not dependant upon civill powers.
"But, withall, I acknowledge HIs Majestie to have cumulative power and inspection in the House of God, for seeing both the tables of the law keeped; amd that His majestie hath all the ordinary power that was in the kings of Israel and Judah, and in the Christian emperors and kings, since the primitive time for reforming, according to the word, what is amiss."
This assertion of Christ`s supreme headship was not intelligible to the politicians before whom he stood. The Lord Advocate said it amounted to a claim for a `power to the Presbyteric co-ordinate with that of the King`.
The Council then committed Livingston to banishment. Within forty eight hours he was to depart from Edinburgh and take himself to north of the Tay and then within a further two months `depart out of all the King`s dominions`.
He went to Leith in two days time and an appeal to remain there until his departure was granted on account of his age and infirmity.
A further appeal to go home to take leave of his family and friends before his departure was denied. His friends did , however visit him regularly during which time he complained of "ane pain and weakness in my loins, that for sundry days I was not able to step, or put on or of my cloathes, yet in ane month it departed."
He added that this affliction had been with him once in 1661 when in Edinburgh, but for a longer period. So much so, that he had to be carried to and fro in a sedan chair.
On 9th April, 1663, he boarded the ship of `old John Allan` in Leith and within eight days arrived in Rotterdam. He was not alone on his journey to exile for he recorded he had the company of many friends in similar plight.
