The Patriot (48 page)

Sundry new-appointed and promoted peers present pursed noble lips.

Next morning, as they were assembling in the palace forecourt and beyond for the ceremonial Riding of Parliament up through the city, the grooms bringing foward the hundreds of stamping, sidling, whinnying horses, Andrew gripped Johnnie Belhaven's arm.

"I have been asking who is that small, sharp-faced man in the large periwig yonder, talking to Queensberry. I knew that I had seen him before. He is, or was, Colonel John Churchill, now General, indeed Captain-General, and created Duke of Marlborough."

"Sakes - you mean the famous - or notorious - Churchill? Whose wife . . . ?"

"Aye - whose wife Sarah all but controls the Queen! The same. An able soldier indeed but a plotter. And no friend of Scotland."

"But what does he do here?"

"Anne has made him Duke and chief of all her military forces. But before that, Charles created him Lord Churchill of Eyemouth, in the peerage of Scotland, at the urging of the then
James, Duke of York. Eyemouth in the Merse. So he can claim to be a Scots Lord of Parliament, like yourself. And vote!"

"Surely not? An Englishman, with no links with Scotland. Captain-General of England's army. Come to vote in the Scots Parliament?"

"Aye, and there are others, I believe. He will be here to spy, also. To guide and influence Queensberry. It bears out what I said last night."

"This is shameful
...
!"

The Lord Lyon King of Arms' trumpeters blew their summons for the marshalling of the Riding procession, and for a while the crowded forecourt was a scene of utter confusion, men and horses milling everywhere. Gradually Lyon and his colourfully-tabarded heralds achieved some order. First a jingling troop of mounted Grenadiers formed up, to lead. Then the sixty-seven burgh representatives, riding two abreast, soberly-dressed and with the prescribed black horse-trappings, all provosts' and bailies' robes left behind. After them formed up the eighty-five shire commissioners, with rather more flourish, Andrew riding beside young Cockburn of Ormiston. There followed the officers of state and judiciary, in gorgeous official apparel; and then the lords, robed in scarlet, each splendid horse led by liveried footmen two for each baron and up to eight for a duke. The Lord Lyon himself, with his heralds, came next, leading three noblemen who carried the Honours Three, Crown, Sceptre and Sword-of-State, symbols of the royal authority, these riding immediately before the High Commissioner as representing the monarch. Behind Queensberry came his entourage, including today, the Duke of Marlborough. A second troop of cavalry, the Royal Horse Guards, brought up the rear as guard-of-honour, under the new MacCailean Mor, Argyll, promoted to duke. Over five hundred mounted men, apart from the servitors, were involved, and the marshalling a major task, with the resultant procession over half-a-mile long, so that the head of it was most of the way up to Parliament Square before the tail left Holyrood.

Fortunately it was not raining and the Riding less of a trial than it might have been. The streets were thronged with the
citizenry, who cheered and jeered and not infrequently threw things at unpopular figures. Children yelled, women skirled, dogs barked and got between horses' legs, and every window of the tall tenement 'lands' on either side of Canongate and High Street held outleaning spectators - who had to be eyed needfully, and it was not unusual for the contents of chamberpots and other unpleasantness to be hurled down upon offending legislators, not always with exact aim. If the people could not actually take part in the parliamentary procedures, at least they could make some of their attitudes known beforehand.

This occasion produced no such unseemly incidents, although there were not a few boos for the High Commissioner himself, as representing far-away London authority. All reached Parliament Hall safely, outward dignity exemplified, at least.

*
*

The parliamentary session extended over many days, formalities, opening speeches, manoeuvrings for position by the various magnates, groups and parties, taking up a deal of time. Then there were the disputed elections, of which there were always 'a number; for with such limited electorates often decisions could be effected by one or two votes. Indeed on this occasion, Andrew's colleague, John Cockburn, had to defend his election, by only one vote, against allegations by Sir George Suttie of Balgone. All this delay irritated Andrew Fletcher, for one, eager to get down to the real meat of the session.

At last battle was joined and Andrew quickly took the floor, and held it. He was indeed at his most eloquent and shrewd, rapier-quick with his thrusts, repartee and asides, reasonable and logical in his arguments, retaining the attention of friend and foe alike. Margaret and Henry had come to listen, unchallenged this time. The woman sat entranced, recognising that this was Andrew at his peak, at long last, dominating, almost orchestrating the proceedings, playing on men's minds and emotions both as on a chosen instrument. She was proud, excited and thankful too.

He led off by expressing his personal loyalty to Anne, their
undoubted Queen, and wishing her God's blessing, good guidance - in which they all held a responsibility - and a long life to reign over them. This last was important in more than in Her Grace's personal felicity; for after her, who was to be the next King or Queen of Scots would present problems indeed -which problems it was now their duty to try to solve, for the benefit of her ancient kingdom. Thus, without delay, he threw down the gauntlet. This Parliament had one task above all others - to decide upon the correct succession to the throne, as far as Scotland was concerned, in the interests of the right, good government, the independence of the beloved land and the maintenance of the Protestant faith, whilst securing religious freedom for all.

That evoked widespread cheers, if wary looks from chair and throne.

He went on to point out that the English Parliament, for its own purposes, had already chosen to nominate the Princess Sophia of Bohemia, widow of the late Elector of Hanover, as first heir; but since this lady was aunt to and older than Queen Anne, in effect the English succession was settled upon her son George, the present Elector. That was within their right, for the
English
throne. What was not within their right was to nominate this German prince, nor his mother, for the throne of the United Kingdom, as they had done, without reference to Scotland. It was a joint throne and one partner thereto could not dispose of it without the other. So, in effect, what the English parliamentarians had done was to imply the
separation
of the thrones after the present incumbent's demise. They had chosen their own successor. None could deny that. Would it be this German princeling?

For a while Andrew could not go on, so loud was the noise in the hall. Undoubtedly there were far more agreeing with him than disagreeing. A number of members were on their feet, but it was the Earl of Stair whom the Chancellor noticed and who declared that such talk was little short of treasonable, denying the monarch's own wishes as to her own heir, a limitation of the royal prerogative. He was supported by the Earl of Home, who demanded to know who were the possible alternatives? Dare any man name them?

That put the cat amongst the pigeons. Andrew perceived the dangers to his cause and was not to be drawn. There was, in fact, only a very limited choice, so short of heirs had become the royal Stewart line. Young James in France already calling himself King James the Third and Eighth; the Earl of Dalkeith, son of the Duchess of Buccleuch and the late Monmouth; and the far-out claim of the present Duke of Hamilton to a more remote royal ancestry. None there elected to nominate any of these at this juncture.

Andrew pointed out that it was not the monarch's prerogative which he wished to diminish but that of her English ministers over Scots affairs. He said that they should not seek here to appoint any successor to the Queen but to declare Parliament's right to choose one in due course. That choice to be subject to certain proper limitations for the safeguarding of the realm's weal.

Stair was swift to pounce upon the word limitation. What limitations did Mr. Fletcher dare to impose upon the crown? Andrew could have announced the dozen clauses agreed that evening at Holyrood. Instead, as he had suggested then, he brought forward only one at a time. He put it that the crown should not grant any amnesty or pardon for any transgression against the public good, without the consent of Parliament. When Stair interrupted that a royal pardon could by no means be denied by any subject, even the present speaker, he was shrewdly silenced.

"It is not to be wondered at that his lordship is against this limitation. For had there been such a law, he would have been hanged long ago! For the advice he gave to King James and for the murder of Glencoe! Aye, and for his whole conduct since the Revolution."

That brought scores to their feet whilst the rest shouted, largely acclaim.

Although Seafield fumed, thumped and demanded apology - and got it, if but a smiling one — a vote was immediately pressed for on this first clause of an Act of Security. And won handsomely - Stair's unpopularity saw to that. And it all put the assembly in a mood to consider more, despite the frowns of High Commissioner, Chancellor and ministers.

One by one, then, the clauses were announced, with brief and telling explanatory asides, and passed seriatim - the need for annual parliaments, each appointing its own president; extra shire and burgh commissioners for every peerage created above the present balance; none to vote save Lords of Parliaments of Scots domicile, and commissioners; the crown to have no power to refuse assent to Acts duly passed; none to make war or peace without consent; no standing army, only a national militia; no judge or sheriff to sit in Parliament; and lastly, if the monarch should break any such limitations once accepted, he or she should forfeit the crown and Parliament choose a successor.

All this was not accepted without a fight, many fights. And it took days. But thanks to skilful timing as well as advocacy, and the fairly consistent Country Party vote, some of the most far-reaching, democratic, indeed almost revolutionary improvements in the long story of Scottish government
were
agreed upon and established as law - once they had received the royal assent, to be sure. The effect was to make the Scots Parliament supreme, to establish the will of the people - or at least their representatives - as superior to the will of the monarch. It was all too much for many; and time and again Queensberry adjourned the sessions in alarm and wrath. But by seeming to concede small points, to retreat here and to compromise there, but never
departing
from basic principles,
Andrew,
ably backed by Belhaven, Tweeddal
e, Annandale, Baillie of Jervis
wood and Lockhart of Carnwath, even the Duke of Hamilton on occasion, got his limitations voted through. And when they
were
summed up in the final Act of Security, the reformers had won by a clear seventy-two votes, utter government defeat, even with the Duke of Marlborough and other English-based peers against.

The assembly went wild with excitement, delight and consternation. Never had there been so great a victory against reaction, such trouncing of the administration, in living memory.

After vainly trying to restore order, Chancellor and High Commissioner announced adjournment and hurried out. Andrew, Belhaven, Roxburghe and even the Duke of
Hamilton, found themselves hurled upon by the crowd of yelling, laughing legislators and carried shoulder-high round the hall - to great ducal offence.

When at length Andrew struggled free it was to find himself clutched in a different kind of embrace, as Margaret flung herself into his arms.

"Oh, Andrew, Andrew - you did it!" she cried. "You won, you won. You were magnificent! I am so proud of you. At last you have shown them! Dear, dear Andrew!"

He held her tight, there before them all, for a moment - and then all but thrust her back towards the grinning Henry. "Thank you - thank you all!" he panted. "It is good, yes. But . . . there is much to be done yet. This is only the start. There is the royal assent, mark you! And other reforms. There will have to be many more votes and fights. But I think that we shall win through. Aye, I think it now . . ."

Part Five

21

"I knew a very wise man once, who believed that if a man were permitted to make all the ballads, he need not care who should make the laws of a nation," Andrew observed. "Although, myself, I have spent much time seeking to make and improve laws - as have you all - I am prepared to admit that my old friend may have been right. So I accept Sir Christopher's sentiment as to the decay of morals and growths of vice as exemplified by these lewd songs and infamous ballads he deplores. They are but a symbol of a deeper malaise, I am sure."

"Aye, that is the point," Bishop Burnet asserted. "It is the spiritual decadence which produces the corruption of manners and these wretched songs, lampoons and ungodly talk which we hear on every hand, in every street and club and tavern of this city, even in the House itself. So I do not see that your former mentor could be right, Andrew. It is not the songs which produce the sin but the sin which produces the songs! So where the gain in writing the ballads as against improving the laws?"