The Estates met at Edinburgh on the 6th of May 1703. The forms of the opening ceremony were similar to those which had been used for at least a hundred years. But it was observed that on this day the preparations were more elaborate than usual. Queensberry, who was Lord High Commissioner, occupied the royal apartments in Holyrood House. On the evening of the 5th the crown, the sceptre, and the sword of state, known as the ‘honours,’ and regarded At ten o’clock the Commissioner held a levee, which was attended by all the members of the Parliament, both peers and commoners. The Lyon King of Arms was there, with his heralds, pursuivants, and trumpeters, and the palace-yard was crowded by grooms and lackeys, in charge of the horses on which the members were to ride. The spectators on this day noticed that the liveries of the servants were richer than had ever been seen before, and that the horses were unusually fine. While the levee was proceeding, Lord Chancellor When the Commissioner was ready to start, the Lyon King declared the order in which the procession was to be formed, and one of his heralds, from a window of the palace, repeated his words to the attendants in the yard below. A troop of horse grenadiers headed the cavalcade. Then came the borough members, riding two abreast on horses with trappings of black velvet, and followed by the county members in the same order. After them rode those officers of state who were not peers of the realm. The barons, the viscounts, and the earls formed the next part of the procession, all arrayed in scarlet robes, and their horses led by serving-men in liveries which displayed the arms of their masters. Each earl had four, and each viscount three, servants with him. The Lyon King, wearing his official dress and carrying his baton, rode alone, with his pursuivants and trumpeters, immediately in front of the honours, which were carried by three peers. The sword of state was carried by the Earl of Mar, the sceptre by the Earl of Crawford, and the crown by the Earl of Forfar, as nearest kinsman of Archibald, Marquis of Douglas, who was then too young to take part in the ceremony. Then came the Lord High Commissioner, surrounded When the procession reached the precincts of the Parliament House, the members were received by the High Constable, whose officers escorted them to the door of the hall in which the sittings were held. The last to enter was the Commissioner, who was conducted to the throne by the High Constable, and by William, ninth Earl Marischal, hereditary Keeper of the Regalia of Scotland. The place in which the last Parliament of Scotland met that day was the spacious and lofty chamber which is now used as an entrance-hall to the Court of Session. The old oak roof, rising from curiously carved corbals, still remains; but in other respects the appearance of the place is completely changed since the days of Fletcher. Then, at the south end, under the large mullioned window, stood the throne, elevated on steps to a considerable height. On either side there rose from the floor tiers of benches, on which the members of the Estates sat in places fixed according to their different ranks. In the centre of the hall, between the benches, was a long table, at which the Lord Clerk-Register, the clerks of the House, and sometimes the judges, sat. At the upper end of the table, in front of The leader of the Country Party, of which Fletcher was the most enthusiastic and thoroughgoing member, was James, fourth Duke of Hamilton, the Hamilton of Esmond. ‘Of a middle stature, well made, of a black, coarse complexion, a brisk look,’ is the contemporary account of his appearance. He was, indeed, a gallant gentleman, as Thackeray describes him; but though perhaps afterwards, when he was appointed Ambassador to France, he may have been waited upon by obsequious tradesmen laden with jewels, and velvets, and brocades, yet during the greater part of his career he was overwhelmed with debts, a circumst He was assisted in the leadership by four peers, whose opinions, unlike his, were entirely on the Whig side. These were John, second Marquis of Tweeddale, and his son-in-law, the seventh Earl of Rothes, James, fourth Marquis of Montrose, and John, fifth Earl of Roxburghe. Tweeddale was now a man of between fifty and sixty; but Rothes, Montrose, and Roxburghe were young, each about twenty-four, fiery and impetuous, qualities which made them favourites at a time of great popular excitement. These were the chief colleagues of Fletcher during the arduous contest which now began; but none of them displayed a consistency or a disinterestedness equal to his. At the beginning of the session Fletcher was But more important matters than contested elections were already engaging the attention of the Estates. Queensberry had attempted to strengthen the Government by forming an alliance with the Jacobites, who had promised to vote the supplies for which the Parliament was to be asked. But Argyll and his friends had refused to follow him in this policy, and it became evident that the Government would have to fight a strong opposition, composed of the Jacobites and the Country Party acting in concert. The struggle began on the 26th of May, when the Estates discussed the question of whether they should vote the supplies, or proceed to ‘make such conditions of government and regulations in the constitution of the kingdom, to take place after the decease of her Majestie and the heirs of her body, as shall be necessary for the preservation of our religion and liberty.’ The terms of this resolution, which was moved by Tweeddale, were often heard during the rest of the On the 26th of May Fletcher moved that the Estates should divide on the question of whether they were to take the first reading of the Supply Act or proceed to make Acts for the security of liberty and religion. ‘My Lord Chancellor,’ he said, ‘I am not surprised to find an Act for a supply brought into this House at the beginning of a session. I know custom has, for a long time, made it common. But I think experience might teach us that such Acts should be the last of every session; or lie upon the table, till all other great affairs of the nation be finished, and then only granted. It is a strange proposition which is usually made in this House, that if we will give money to the Crown, then the Crown will give us good laws; as if we were to buy good laws of the Crown, and pay money to our princes, that they may do their duty, and comply with their coronation oath. And yet this is not the worst, for we have often had promises of good laws, and when we have given the sums demanded, those promises have been broken, and the nation left to seek a remedy—which is not to be found, unless we obtain the laws we want, before we give a supply. And if this be a sufficient reason at all times to postpone a money Act, can we be blamed for doing so at this time, There was a long debate; and it was not until two days later, that the Ministers, seeing themselves in a minority, gave in, and allowed what was afterwards known as the Grand Resolve, of 28th May 1703, to pass without a division. By this Resolve it was declared that Acts for the security of religion, liberty, and trade were to have precedence over Supply or any other business whatsoever. Fletcher, with the whole of the Opposition at his back, supported every proposal the effect of which was to guard against the influence of England, and to emphasise the fact that Scotland was an independent kingdom. But he had also elaborated a great scheme of his own, which he laid before the Estates. ‘Before the Union of the Crowns,’ he said, ‘no monarchy in Europe was more limited, nor any people more jealous of liberty than the Scots.’ But the result of the Union of the Crowns was that the people of Scotland lost their liberties. English influence, the source of every evil, had become supreme. Now was the time to strike These conditions, for proposing which he would have been sent to the gallows in the days of the Stuarts, and to Botany Bay in the days of Mr. Pitt, Fletcher pressed upon the Estates as essential for the protection of Scotland against England. ‘If,’ he said, ‘our Kings lived among us, it would not be strange to find these limitations rejected. It is not the prerogative of a King of Scotland I would diminish, but the prerogative of English Ministers over this nation. These conditions of Government being either such as our ancestors enjoyed, or principally directed to cut off our dependence on an English Court, and not to take place during the life of the Queen, he who refuses his consent to them, whatever he may be by birth, cannot sure be a Scotsman by affection. This will be a true test to distinguish, not Whig from Tory, Presbyterian from Episcopal, Hanover from Saint Germains, nor yet a courtier from a man out of place, but a proper test to distinguish a friend from an enemy to his country.’ But the Scottish Parliament, in spite of all its high-strung patriotism, was not prepared to accept so republican a scheme as this; and by a majority of twenty-six votes it was decided that the Laird of Saltoun’s Limitations should not form a part of the ‘Act of Security’ which the Estates were now eng The basis of this famous statute was a measure introduced by the Lord Privy Seal, providing that the Estates should meet within twenty days after the death of Anne, and proceed to name a Protestant successor to the throne of Scotland. But to this simple measure a number of clauses were added, until it grew into that elaborate Act which was the pivot on which Scottish history turned until the Union. Rothes proposed a clause which embodied the principle of one of Fletcher’s Limitations: That war and peace were to be made only by consent of Parliament. Queensberry said that he was ready to consent to anything which was for the good of the country, and which ‘the Queen had under her view when she left London.’ This proposal, he said, she had never heard of. On this Fletcher declared that it was now evident, as he had often thought, that in Scottish affairs the Crown was under the influence of English councillors. At these words some members were so ill-advised as to interrupt him, and even to suggest that he should be censured. This led to a scene. ‘What!’ exclaimed Hamilton, ‘is this the liberty of Parliament?’ There were shouts of ‘privilege’ from all parts of the House; and several members rose at the same time to demand As soon as silence was obtained Fletcher continued. He had no difficulty, he said, in explaining. He spoke, not as a slave, but as a free man. He had the greatest respect for the Queen and for her Commissioner. But the love and duty which he bore to his country obliged him to speak as he had spoken. What the Commissioner had said that day convinced him that the only way to secure Scotland from English interference was to refuse to settle the Scottish Crown on the English Sovereign. The two countries must have separate Kings. This statement was received with a tumult of applause; but the matter was allowed to drop. Nor did the Estates embody the clause proposed by Rothes in the Act of Security. The next great fight was over a clause introduced by Roxburghe. It provided that the Succession was not, on the death of Anne, to be the same in Scotland as in England, unless conditions of government were settled which would secure the independence of the Crown of Scotland, the power of the Estates, and the liberty and trade of the country ‘from the English or any foreign influence.’ This was really the most formidable proposal which any member of the Country Party, with the exception of Fletcher, had a Fletcher was up, supporting the clause with his usual vehemence, when suddenly the Chancellor rose and stopped him. It was, he explained, too late to finish the debate, and he, therefore, adjourned the House. Instantly there was one of those scenes to which members were becoming accustomed. Some declared that they would address the Queen, and complain that her Ministers were attempting to interfere with the liberty of debate. Others maintained that what the Chancellor had done was a violation of the Claim of Right, and that, therefore, he was guilty of treason. It was with difficulty that the noise was stopped while prayers were said. Hamilton announced that he would remain in the House and instantly draw up the address to the Queen, and Fletcher hurried to his side to help him; but when the Duke saw the Commissioner descending from the throne, he changed his mind and followed him out of the House. That night, however, the address was prepared and signed by sixty members. On the morrow more signatures were obtained, and when the Estates met the Country Party tabled a protest against the irregular adjournment of the previous evening. But the Chancellor declared that the late hour was the reason why he In the meantime the Government had adjusted a clause which was admirably fitted to secure a large measure of support, and also to stave off the awkward question which had been raised by Roxburghe. It provided that, after the death of Anne, the same person should not wear both the Crowns unless free trade between the two countries was established, and the right of trading to the colonies was granted to Scotland. When the debate was resumed, the Lord Advocate, Sir James Stewart, moved that this clause should be substituted for that proposed by Roxburghe. To this Fletcher adroitly answered that the Country Party was delighted with the conduct of the Ministers in framing this most useful clause, and would gladly accept it as well as that of Roxburghe. He then moved that the two clauses should be joined, and made part of the Act of Security. The House would have agreed to this at once; but the Ministers made one struggle more, and obtained a short respite by moving the adjournment of the debate, which they carried, but only by a majority of three votes. But the Government were in a hopeless Godolphin heard with dismay of what had been done. In a letter to Athole he says that the Queen was not pleased with either of the clauses proposed by Roxburghe and by the Lord Advocate, as tending, each of them, to make a perfect separation, instead of a Union. Her Majesty, he declares, would never consent to any Act which establishes a different succession in Scotland to that in England. The division in which the Government were so hopelessly beaten, took place on the 26th of July, and after that the Opposition had matters all their own way. The last great debate was on the 10th of August, when a clause was proposed directing the Protestant landowners and burgesses to arm and drill all the men in their districts who were capable of bearing arms. This was a clause after Fletcher’s own heart, and he supported it in a short but trenchant speech, in which Three days later, every bench in the Parliament House being crowded, the Act of Security was read over twice. No further amendments were proposed. The roll was then called; and, though a number of members did not answer to their names, the measure was passed by a majority of sixty votes. The chief provisions of the Act of Security, in framing which the Estates had now spent two months, were as follows: On the death of Anne the Parliament was to meet, and settle the succession. If the Queen left an heir, or a recognised successor, the Crown was to be offered to him on the terms contained in the Claim of Rights. But if there was no heir, or recognised successor, then William the Third had, on several occasions, refused the royal assent to Acts passed by the Parliament of Scotland; and now the Courtiers, the Cavaliers, and the Country Party waited with curiosity to hear what course the Queen, on the advice of her Ministers, would take at the present crisis. The Country Party and the Cavaliers were equally determined not to settle the Scottish Succession except on the conditions set forth in the Act, and Queensberry was repeatedly questioned on the subject. Fletcher, in particular, made several speeches on this topic; but the Commissioner gave no sign until the 10th of September, when he stated th He ended a speech, which it must have needed some courage to deliver, by asking them to vote the Supplies. But the House was in no mood to comply with this request. We should have been told, one member said, at the beginning of the session that we were called together merely to vote money, and then adjourn. It would have saved us a great deal of trouble. If any Scotsman has advised the Queen in this matter, cried another, he is a traitor to his country. Fletcher denied the power of the Sovereign to refuse the royal assent, and there is a good deal to be said in favour of this view of the Scottish constitution. Hamilton and Roxburghe moved that an address be presented to her Majesty, praying her to reconsider the matter, and direct the Commissioner to touch the Act with the sceptre. After a long debate, in which every member who spoke blamed the English Ministers for what had happened, the motion to address the throne was rejected by twelve votes, and the House rose. A few days after the Commissioner had announced that the royal assent was refused, Lord Boyle, the Treasurer-Depute, moved that the Act of Supply The Ministry, well aware that only a portion of the Country Party would follow Fletcher on this question of the Limitations, wished the House to vote on the issue of whether Supply or the Limitations should be discussed. But Fletcher, who saw in a moment at what the Government were aiming, interposed, and said that he had had the honour to offer a means of securing the liberties of the nation against England; that in his opinion the country was nearly ruined, and that his proposals were necessary; but still he relied on the wisdom of the Estates, and withdrew his motion. Thus checkmated, the Ministers were at a loss what to do. They knew that the motion to discuss overtures for liberty would be carried against their motion to discuss Supply, and they could think of nothing else on which they could ask the House to vote. There were anxious faces, and some hasty whispering on the steps of the throne. Cries of ‘Vote! Vote!’ resounded from all the benches. The Commissioner rose. ‘If the House,’ he said, ‘will agree to the first reading of the Subsidy Act, I promise that it shall not be heard of for the next three sittings.’ Instantly Fletcher was on his feet. ‘Those about the throne,’ he exclaimed, ‘could not really expect the House to agree to this.’ It meant that the Subsidy Act was to be read a first time now. Then the House was to be amused with three sittings on overtures for liberty, ‘which sittings shall meet at six and adjourn at seven.’ On the fourth day, the Supplies would be voted; and then Parliament would be prorogued. He was certain the House knew the artifices of the Government too well to be misled by them. Another member pointed to the throne, and declared that the men who sat round it were endeavouring to destroy the privileges of Parliament, and filch away its liberty. ‘The House,’ says Lockhart, ‘was crowded with a vast number of people; nothing for two hours could be heard but voices of members and others (it being dark and candles lighted) requiring “liberty and no subsidy.”’ The excitement of the members increased; the clamour of spectators behind the bar grew louder; and at last the voice of young Roxburghe was heard, above the din, shouting, ‘What we desire is reasonable, and if we cannot obtain it by Parliamentary means, we shall demand it, upon the steps of the throne, with our swords in our hands.’ That night at Holyrood Queensberry and the Ministers discussed the situation. The town was in an uproar. For several nights the troops had been under arms; and it had come to the ears of some members of the Estates that their commander had been so foolish as to threaten, in his cups, that ‘ways would be found to make the Parliament calm enough.’ The members were incensed against the Government and against England; and if they were allowed to discuss the favourite ‘overtures for liberty,’ there was no saying what might happen. As to the Supplies, the small sum of money which was obtained from Scotland was not worth fighting for; and when the Council separated, Queensberry had almost made up his mind to prorogue the Parliament at once. Early next morning Fletcher and his friends had a meeting at which they prepared a measure which they intended to introduce. It provided that there should be an election every year, at which no officer of the army, or of the customs or excise, could be elected; that Parliament should meet at least once in every two years, and that each sitting should be adjourned on the motion of a member, and not by the Commissioner. They agreed that if the royal assent was given to this Act, they would vote the Queensberry heard of this, but he could not, for the sake of securing a small sum of money, run the risk of giving the royal assent to a measure which introduced such important changes. Accordingly, when the House met, he rose, and prorogued the Parliament. The Country Party spared no pains to let the people of England know the importance which the people of Scotland attached to the measure to which the royal assent had been refused. The Act of Security was circulated, and widely read in London, in an edition to which some notes were added stating that nothing was ever done with more deliberation by the Scottish Parliament, and that there was not a shadow of a reason for supposing that bribery, or any unfair means, had been used to secure a majority, ‘considering the quality and estates of those who were for it.’ Fletcher revised his speeches, and printed them in a small octavo volume, for the purpose of educating the English mind. They were, perhaps, not much appreciated. The leaves of the copy in the Bodleian Library at Oxford remained uncut till the autumn of 1896. Englishmen saw just two facts—that the Scottish Parliament had refused Supplies in the midst of an European war, and that the Scottish people wished to be independent of the English Crown. |