Fletcher of Saltoun

by George W. T. Omond

This was really the most formidable proposal which any member of the Country Party, with the exception of Fletcher, had as yet brought forward. It was, nevertheless, evident that the House was ready to accept it, and that the Act of Security would, therefore, contain provisions which, though not so drastic as the Twelve Limitations, could scarcely be tolerated by England.

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 had adjourned the House, said the Government had no desire to encroach on the privileges of members, and announced that the debate on Roxburghe’s clause would be resumed on the following day.

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 position. The opinion of the Estates evidently was that the King of England must not be King of Scotland, unless England would agree to such conditions of government as the Scottish Parliament chose to enforce, and unless the home and colonial trade was thrown open to the Scottish people. The clauses were joined, and then a division was taken on the question, ‘Add them to the Act or not?’ The Government voted against adding them, and were beaten by no less than seventy-two votes.

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 he argued that to insist upon conditions of government, without the means of enforcing them, was folly. Without the support of arms, all enactments for the security of the country were vain and empty propositions. ‘To rely upon any law,’ he said, ‘without such a security, is to lean upon a shadow.... To be found unarmed, in the event of her Majesty’s death, would be to have no manner of security for our liberty, property, or the independence of this kingdom.... If we do not provide for arming the kingdom in such an exigency, we shall become a jest and a proverb to the world.’ The Government divided the House against this clause, but were beaten, and it was added to the Act.

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 the Estates were to choose a successor, who must be of the royal line of Scotland, and of the Protestant religion. But it was not to be in the power of the Estates to choose the successor to the throne of England as successor to that of Scotland, ‘nor shall the same person be capable, in any event, to be King or Queen of both realms,’ unless there were established, to the satisfaction of the Scottish Parliament, free home and colonial trade, and also such conditions of government as would secure the Crown, the Parliament, the religion, and the liberty of Scotland from English or any foreign influence. And, ‘for a further security of the kingdom,’ the men of every county and borough were to be furnished with fire-arms and drilled once a month. The Act was transmitted to London, and Godolphin was requested to say whether or not it was to be touched with the sceptre.