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 under their charge to conform to the episcopal government and ritual.