Andrew Fletcher of Saltoun, a man of undaunted courage and inflexible integrity, who professed republican principles, and seemed designed by nature as a member of some Grecian commonwealth, after having observed that the nation would be enslaved should it submit, either willingly or by commission, to the successor of England, without such conditions of government as should secure them against the influence of an English ministry, offered the draft of an act, importing, that after the decease of her majesty, without heirs of her body, no person being successor to the English throne should succeed to the crown of Scotland but under the following limitations, which, together with the coronation oath and claim of right, they should swear to observe: namely, that all offices and places, civil and military, as well as pensions, should for the future be conferred by a parliament to be chosen at every Michaelmas head-court, to sit on the first day of November, and adjourn themselves from time to time till the ensuing Michaelmas; that they should choose their own president; that a committee of six-and-thirty members, chosen out of the whole parliament, without distinction of estates, should, during the intervals of parliament, be vested, under the king, with the administration of the government, act as his council, be accountable to parliament, and call it together on extraordinary occasions. He proposed that the successor should be nominated by the majority; declaring for himself that he would rather concur in nominating the most rigid papist with those conditions, than the truest protestant without them. The motion was seconded by many members; and though postponed for the present, in favour of an act of trade under the consideration of the house, it was afterwards resumed with great warmth. In vain the lord-treasurer represented that no funds were as yet provided for the army, and moved for a reading of the act presented for that purpose; a certain member observed, that this was a very unseasonable juncture to propose a supply, when the house had so much to do for the security of the nation; he said they had very little encouragement to grant supplies when they found themselves frustrated of all their labour and expense for these several months; and when the whole kingdom saw that supplies served for no other use but to gratify the warice of some insatiable ministers. Mr. Fletcher expatiated upon the good consequences that would arise from the act which he had proposed. The chancellor answered, that such an act was laying a scheme for a commonwealth, and tending to innovate the constitution of a monarchy. The ministry proposed a state of a vote, whether they should first give a reading to Fletcher’s act or to the act of subsidy. The country party moved that the question might be, “Overtures for subsidies, or overtures for liberty.” Fletcher withdrew his act, rather than people should pervert the meaning of laudable designs. The house resounded with the cry of “Liberty or Subsidy.” Bitter invectives were uttered against the ministry. One member said it was now plain the nation was to expect no other return for their expense and toil than that of being loaded with a subsidy, and being obliged to bend their necks under the yoke of slavery, which was prepared for them from that throne; another observed, that as their liberties were suppressed, so the privileges of parliament were like to be torn from them; but that he would venture his life in defence of his birthright, and rather die a free man than live a slave. When the vote was demanded, and declined by the commissioner, the earl of Roxburgh declared, that if there was no other way of obtaining so natural and undeniable a privilege of parliament, they would demand it with their swords in their hands. The commissioner, foreseeing this spirit of freedom and contradiction, ordered the foot-guard to be in readiness, and placed a strong guard upon the eastern gate of the city. Notwithstanding these precautions, he ran the risk of being torn to pieces; and, in this apprehension, ordered the chancellor to inform the house that the parliament should proceed upon overtures for liberty at their next sitting. This promise allayed the ferment which had begun to rise. Next day the members prepared an overture, implying, that the elective members should be chosen for every seat at the Michaelmas head courts; that a parliament should be held once in two years at least; that the short adjournments de die in diem should be made by the parliaments themselves as in England; and that no officer in the army, customs, or excise, nor any gratuitous pensioner, should sit as an elective member. The commissioner being apprised of their proceedings, called for such acts as he was empowered to pass, and having given the royal assent to them, prorogued the parliament to the twelfth day of October. [117] [See note X, at the end of this Vol.] Such was the issue of this remarkable session of the Scottish parliament, in which the duke of Queensberry was abandoned by the greatest part of the ministry; and such a spirit of ferocity and opposition prevailed, as threatened the whole kingdom with civil war and confusion. The queen conferred titles upon those who appeared to have influence in the nation [118] [See note Y, at the end of this Vol.] and attachment to her government, and revived the order of the thistle, which the late king had dropped.
PROCEEDINGS OF THE IRISH PARLIAMENT.
Ireland was filled with discontent by the behaviour and conduct of the trustees for the forfeited estates. The earl of Rochester had contributed to foment the troubles of the kingdom by encouraging the factions which had been imported from England. The duke of Ormond was received with open arms as heir to the virtues of his ancestors, who had been the bulwarks of the protestant interest in Ireland. He opened the parliament on the twenty-first day of September, with a speech to both houses, in which he told them that his inclination, his interest, and the examples of progenitors, were indispensable obligations upon him to improve every opportunity to the advantage and prosperity of his native country. The commons having chosen Allen Broderick to be their speaker, proceeded to draw up very affectionate addresses to the queen and the lord lieutenant. In that to the queen they complained that their enemies had misrepresented them, as desirous of being independent of the crown of England; they, therefore, to vindicate themselves from such false aspersions, declared and acknowledged that the kingdom of Ireland was annexed and united to the imperial crown of England. In order to express their hatred of the trustees, they resolved, that all the protestant freeholders of that kingdom had been falsely and maliciously misrepresented, traduced, and abused, in a book entitled, “The Report of the Commissioners appointed to inquire into the Irish Forfeitures;” and it appearing that Francis Annesley, member of the house, John Trenchard, Henry Langford, and James Hamilton, were authors of that book, they further resolved, that these persons had scandalously and maliciously misrepresented and traduced the protestant freeholders of that kingdom, and endeavoured to create a misunderstanding and jealousy between the people of England and the protestants of Ireland. Annesley was expelled the house, Hamilton was dead, and Trenchard had returned to England. They had finished the inquiry before the meeting of this parliament; and sold at an undervalue the best of the forfeited estates to the sword-blade company of England. This, in a petition to the Irish parliament, prayed that heads of a bill be brought in for enabling them to take conveyance of lands in Ireland; but the parliament was very little disposed to confirm the bargains of the trustees, and the petition lay neglected on the table. The house expelled John Asgil, who, as agent to the sword-blade company, had offered to lend money to the public in Ireland, on condition that the parliament would pass an act to confirm the company’s purchase of the forfeited estates. His constituents disowned his proposal; and when he was summoned to appear before the house, and answer for his prevarication, he pleaded his privilege as member of the English parliament. The commons, in a representation of the state and grievances of the nation, gave her majesty to understand that the constitution of Ireland had been of late greatly shaken; and their lives, liberties, and estates, called in question, and tried in a manner unknown to their ancestors; that the expense to which they had been unnecessarily exposed by the late trustees for the forfeited estates, in defending their just rights and titles, had exceeded in value the current cash of the kingdom; that their trade was decayed, their money exhausted; and that they were hindered from maintaining their own manufactures; that many protestant families had been constrained to quit the kingdom in order to earn a livelihood in foreign countries; that the want of frequent parliaments in Ireland had encouraged evil-minded men to oppress the subject; that many civil officers had acquired great fortunes in that impoverished country, by the exercise of corruption and oppression; that others, in considerable employments, resided in another kingdom, neglecting personal attendance on their duty, while their offices were ill executed, to the detriment of the public, and the failure of justice. They declared, that it was from her majesty’s gracious interposition alone they proposed to themselves relief from those their manifold grievances and misfortunes. The commons afterwards voted the necessary supplies, and granted one hundred and fifty thousand pounds to make good the deficiencies of the necessary branches of the establishment.
A SEVERE ACT PASSED AGAINST PAPISTS.
They appointed a committee to inspect the public accounts, by which they discovered that above one hundred thousand pounds had been falsely charged as a debt upon the nation. The committee was thanked by the house for having saved this sum, and ordered to examine what persons were concerned in such a misrepresentation, which was generally imputed to those who acted under the duke of Ormond. He himself was a nobleman of honour and generosity, addicted to pleasure, and fond of popular applause; but he was surrounded by people of more sordid principles, who had ingratiated themselves into his confidence by the arts of adulation. The commons voted a provision for the half-pay officers; and abolished pensions to the amount of seventeen thousand pounds a-year, as unnecessary branches of the establishment. They passed an act settling the succession of the crown after the pattern set them by England; but the most important transaction of this session was a severe bill to prevent the growth of popery. It bore a strong affinity to that which had passed three years before in England; but contained more effectual clauses. Among others it enacted, that all estates of papists should be equally divided among the children, notwithstanding any settlement to the contrary, unless the person to whom they might be settled should qualify themselves by taking the oaths, and communicating with the church of England. The bill was not at all agreeable to the ministry in England, who expected large presents from the papists, by whom a considerable sum had been actually raised for this purpose. But as they did not think proper to reject such a bill while the English parliament was sitting, they added a clause which they hoped the parliament of Ireland would refuse: namely, that no persons in that kingdom should be capable of any employment, or of being in the magistracy of any city, who did not qualify themselves by receiving the sacrament according to the test act passed in England. Though this was certainly a great hardship on the dissenters, the parliament of Ireland sacrificed this consideration to their common security against the Roman catholics, and accepted the amendment without hesitation. This affair being discussed, the commons of Ireland passed a vote against a book entitled, “Memoirs of the late king James II.” as a seditious libel. They ordered it to be burned by the hands of the common hangman; and the bookseller and printer to be prosecuted. When this motion was made, a member informed the house that in the county of Limerick the Irish papists had begun to form themselves into bodies, to plunder the protestants of their arms and money; and to maintain a correspondence with the disaffected in England. The house immediately resolved, that the papists of the kingdom still retained hopes of the accession of the person known by the name of the Prince of Wales in the life-time of the late king James, and now by the name of James III. In the midst of this zeal against popery and the pretender, they were suddenly adjourned by the command of the lord-lieutenant, and broke up in great animosity against that nobleman. [119] [See note Z, at the end of this Vol.]
THE ELECTOR TAKES POSSESSION OF RATISBON.
The attention of the English ministry had been for some time chiefly engrossed by the affairs of the continent. The emperor agreed with the allies that his son, the archduke Charles should assume the title of king of Spain, demand the infanta of Portugal in marriage, and undertake something of importance, with the assistance of the maritime powers. Mr. Methuen, the English minister at Lisbon, had already made some progress in a treaty with his Portuguese majesty; and the court of Vienna promised to send such an army into the field as would in a little time drive the elector of Bavaria from his dominions. But they were so dilatory in their preparations, that the French king broke all their measures by sending powerful reinforcements to the elector, in whose ability and attachment Louis reposed great confidence. Mareschal Villars, who commanded an army of thirty thousand men at Strasburgh, passed the Rhine and reduced fort Kehl, the garrison of which was conducted to Philipsburgh. The emperor, alarmed at this event, ordered count Schlick to enter Bwaria on the side of Saltsburgh, with a considerable body of forces; and sent another, under count Stirum, to invade the same electorate by the way of Newmark, which was surrendered to him after he had routed a party of Bavarians; the city of Amberg met with the same fate. Meanwhile count Schlick defeated a body of militia that defended the lines of Saltsburgh, and made himself master of Biedt, and several other places. The elector assembling his forces near Brenau, diffused a report that he intended to besiege Passau, to cover which place Schlick advanced with the greatest part of his infantry, leaving behind his cavalry and cannon. The elector having by this feint divided the Imperialists, passed the bridge of Scardingen with twelve thousand men, and, after an obstinate engagement, compelled the Imperialists to abandon the field of battle; then he marched against the Saxon troops which guarded the artillery, and attacked them with such impetuosity that they were entirely defeated. In a few days after these actions, he took Newburgh on the Inn by capitulation. He obtained another advantage over an advanced post of the Imperialists near Burgenfeldt, commanded by the young prince of Brandenburgh Anspach, who was mortally wounded in the engagement. He advanced to Batisbon, where the diet of the empire was assembled, and demanded that he should be immediately put in possession of the bridge and gate of the city. The burghers immediately took to their arms, and planted cannon on the ramparts; but when they saw a battery erected against them, and the elector determined to bombard the place, they thought proper to capitulate, and comply with his demands. He took possession of the town on the eighth day of April, and signed an instrument obliging himself to withdraw his troops as soon as the emperor should ratify the diet’s resolution for the neutrality of Ratisbon. Mareschal Villars having received orders to join the elector at all events, and being reinforced by a body of troops under count Tallard, resolved to break through the lines which the prince of Baden had made at Stolhoffen. This general had been luckily joined by eight Dutch battalions, and received the French army, though double his number, with such obstinate resolution, that Villars was obliged to retreat with great loss, and directed his route towards Offingen. Nevertheless he penetrated through the Black Forest, and effected a junction with the elector. Count Stirum endeavoured to join prince Louis of Baden; but being attacked near Schwemmingen, retired under the cannon of Nortlingen.