The hall, in consequence, buzzed with anticipation and speculation.
Instead of the drummer-boy, four trumpeters appeared, to blow a right royal fanfare sufficient to rain down dust from the hall's roof-beams, to usher in the official party. The last to appear, before the High Commissioner's entry, proved to be Sir George Gordon, Lord Haddo of Session, only recently promoted to be Lord President of the Court of Session. Now, seemingly, he was to act as C
hancellor in place of Rothes. A
murmur ran through the assembly. Gordon was an able lawyer and ambitious, but not reputed harsh or dominant in the Lauderdale-Rothes tradition. Whose choice, then, was he?
More trumpeting heralded the King's representative, and all must bow. James, Duke of York strode in, tall, soldierly, alert, better-looking than his brother, with considerable dignity and a quiet assurance, a remarkable change from the High Commissioner they were used to. Few present, despite his reputation, could feel other than that this must be an improvement.
Andrew, for one, reserved judgment.
It was a strange sequence of events which brought James Stewart to that throne-like chair, instead of his nephew Monmouth, as all had anticipated. The King's continuing ill-health had brought the question of the succession ever more to the fore in both kingdoms, in England plots and counter-plots, rumours and scares proliferating. Charles himself was said to be leaning more and more towards Roman Catholicism, although always known as the Protestant monarch - however minimal his religious fervour. As a result, the House of Commons, in a sort of panic, passed a bill specifically excluding the Catholic York from succeeding. The House of Lords threw this out and a crisis developed. A plot was thereupon alleged to kill both the King and his brother and put firmly-Protestant Monmouth on the throne, illegitimate or otherwise. Few actually believed this, but it was thought expedient meantime for both brother and nephew to leave England. Oddly it was the son, Monmouth, whom Charles sent into exile overseas; whereas his brother James was sent northwards to Scotland as High Commissioner, in a totally unexpected reversal of roles. So James Stewart now sat there almost as monarch - and the sudden death of the Secretary of State and Chancellor only added to his authority.
He was a curious man, now aged forty-eight, undoubtedly a better man morally than Charles, courageous, determined, able; but religious where his brother was not, lacking in humour where Charles was the reverse, stiff and uncompromising where the King was seemingly pliant. Now he spoke briefly from the throne, in jerky, military style, formally conveying the King's greetings to his loyal subjects, reading his commission, announcing regret at the untimely death of the Duke of Rothes, announcing that he had chosen the Lord Haddo to take his place as Chancellor meantime - and so passing the business over to that somewhat hesitant individual, a slight, small-featured man, his face almost lost under his great wig.
After a certain amount of wordy preamble, very different in style from York's, he came to the bit. "It is His Majesty's desire that the Estates pass two acts. One, an Act of Succession to the throne. The other an extension of the English Test Act of 1671, applying to Scotland, suitably amended for this kingdom. The King's Advocate will speak to these."
Bloody Mackenzie, as he was now known, had difficulty in making his pleasantly-cultivated Highland voice heard in the din that arose. To have the two most controversial issues of the times as it were thrown at them thus, with the assertion that they were to be passed as King Charles and his broth
er desired, shook even that syc
ophantic assembly.
"My lords and commissioners and friends all," Mackenzie said soothingly, "here are two essential matters, essential for the peace and good governance of this realm. Matters which we can nowise shirk, if we do our leal duty to our sovereign-lord and to his people. None can deny it, nor should. First, this of the succession. This indeed calls for no debate. The King's Grace - long may God preserve him - has unhappily no lawful offspring. Since he does not now enjoy good health, it is necessary that his successor be named and accepted. This is incontestible. There is no choice, to be sure. Our High Commissioner, the King's royal brother, is his only lawful kin and undoubted heir to the throne. None here can say otherwise."
To say otherwise, and in the said brother's presence, was certainly not easy, in fact impossible. Objection could only be on other grounds.
The Advocate, chief law officer of the crown, did not wait for others to grasp the nettle. "Some have suggested that our good friend the Duke of Monmouth should be named in the succession. But this, my friends, is impossible. We can only here act within the law. And the law says that none illegitimately born may heir the throne. That is the position of my lord Duke of Monmouth."
"He could be legitimated," someone called.
"He could. But only at the behest of one person - his father. And the King has not chosen to do so. He has chosen his royal brother. This assembly must accept this."
Men looked at each other, silenced. Put thus, the matter seemed unanswerable. Unexpectedly it was MacCailean Mor, Earl of Argyll, of all people, who took the bull by the horns.
"My lord Chancellor," he said, choosing his words carefully as well he might, "the law of Scotland, as enacted, declares that whosoever is King of Scots must adhere to the Protestant religion. Lealest subject as I am, I must ask is my lord Duke of York prepared to abide by this enactment?"
Breaths were held as the crucial answer was awaited. Argyll had been Lauderdale's and the King's man; but it seemed that his hatred of Rome was stronger.
The Duke sat stony-faced, silent.
Again it was Mackenzie who spoke. "My lord, you are right, to be sure, about such act. But may I remind you that we cannot here be concerned with it? For it was passed before the crowns were united and refers only to the King of Scots. We are now part of a United Kingdom. It is a new and double crown, to which earlier legislation cannot apply."
Exclamation resounded.
"I therefore must rule your question out-of-order, my lord," Haddo said.
"My lord Chancellor, I protest!" Andrew exclaimed, jumping up. "Parliament cannot be muzzled in this way. The laws of Scotland cannot be swept aside by, by default! That Act made this a Protestant realm, requiring a Protestant monarch. That cannot be denied. Therefore no mere dynastic arrangements subsequently can change it without parliamentary authority."
"My lord Chancellor - young Mr. Fletcher's enthusiasms are refreshing and well-known! But not being bred to the law, I fear that he must not try to teach me my business. I assure him, and all, that in law this assembly has no authority to require that a possible successor to the throne of the United Kingdom must adhere to any specific religion. As a good Protestant myself, I might feel that this could be advisable - but that is a different matter."
"Then . . . then, sir, if that is so, it may become necessary to disunite or separate the two thrones again!" That came out in a rush. "If only so may the will and authority of the Scottish people and parliament be upheld!"
Now there was uproar, a dozen men on their feet at once, shouting.
The Chancellor's gavel at last gained quiet. "This is disgraceful!" he declared, but unhappily. "I cannot allow such, such sentiments to be expressed. And in front of, of . . ." His voice tailed away.
James Stewart sat expressionless.
"My lord Chancellor - may I advise this headstrong young man?" the Advocate asked. "And for his own good. What he has just impetuously suggested is in fact treasonable. A direct attack on the integrity and powers of the crown, and in the presence of the crown's representative. Men have died for less, many men! Spoken outside the privilege of this parliament it would be my duty to arrest the speaker. Let him ponder that -and choose his words!"
"Does Advocate Mackenzie threaten me, Chancellor?" Andrew demanded. "Within this parliament? Duly discussing the constitution of this realm?"
"I do not threaten. I warn. As is my duty. For, my friends, this Andrew Fletcher has already, all should know, made similar treasonable suggestions, and
outside
the privilege of parliament. Written suggestions. I have been very patient, but . . ."
"Proof, my lord Chancellor?"
Haddo looked at Mackenzie, who picked up a paper.
"Here is a letter. Sent by Mr. Fletcher to a commissioner here present. One of many, I understand - as he has done before. It says that should the subject of the succession be raised here, the Protestant adherence must be forced to the vote. And if it is blocked, then the question of the separation of the crowns should be raised, as warning. Do you deny sending this?"
"Is not the signature relevant?"
"It is unsigned, sir. Anonymous."
"Ah. Why apportion it to me, then?"
"Can you deny that the handwriting is yours?"
Only for a moment Andrew hesitated. It probably was not noticed, for the Advocate was handing the letter to a clerk to bring to him. "I see no reason why I should either confirm or deny - since I am not on trial in one of your courts, sir - as yet!" Then as the clerk came up with the paper, he shrugged -and hoped relief did not show. "But since you are so concerned, Advocate, I will humour you. No, that is not my handwriting." There had always been a fifty-fifty chance that the letter was one of Henry's.
Thrown off his stride,
Mackenzie
frowned.
Haddo quickly reverted to the main issue. "We are asked to accept the monarch's nomination of his royal brother. I do not see how any can refuse, since there is no other lawful heir. We should be glad to do so. Since I am assured by the King's Advocate that any motion to the contrary could be esteemed treasonable, I shall not permit such motion, but declare herewith that this parliament welcomes the King's gracious decision. No more is required of us. I pass to the next business."
Men eyed each other, many undoubtedly with something of relief, treason being a dire word. Andrew's gazing assured him that there was nothing further that he could attempt. Everywhere eyes were careful to avoid his own. Had the Duke of Hamilton been present he might have been prepared to take it further; presumably he was still in London. Even Johnnie Belhaven was absent, thrown from a horse and concussed. Anyway, with hundreds executed for treason within the last year or so, should any man be led to put his neck into a noose?
They were given scant opportunity anyway. Mackenzie was already spelling out the next issue. It was a peculiar one, in the circumstances, for the Test Act had been passed as far back as 1671 by the
English
Parliament, specifically to exclude Catholics from all offices of state, the test being the requirement to partake of Holy Communion as dispensed by the Church of England. This indeed had then forced the Duke of York into exile overseas. Now he was back, and the Act was to apply to Scotland.
The Advocate explained. "This provision is necessary. We live in a time of fanatical separatists and determined nonconformists, folk who rebel and plot and even excommunicate their King and his close servants. Such clearly can have no place in the King's service. Unhappily there are others less evident, who support these secretly, for their own ill ends. These we must root out, in especial from where they could harm the King's cause. Accordingly some test is required, for the realm's safety. It must be simple, but certain, not to be won around. The King's wishes are clear. I have composed these clauses." He took up another paper. "All persons save the King's brother and sons must take oath on entry into any office in Church or State, binding themselves to profess the true religion as defined and established by the laws of the kingdom; to renounce all things inconsistent with it; to accept the royal supremacy on all things ecclesiastical and civil; to declare it unlawful to enter into covenants or leagues or to rise in arms against the government; to treat, consult or determine in any matter of state, without His Majesty's especial command." He paused. "These are the crown's requirements, simply and fairly put. None, I think, should misunderstand them."
Something like consternation struck the assembly - and not only such small parts of it as tended to be critical of the government. Indeed some of the bishops were amongst the most upset - since it seemed to imply that a new monarch could change the religion of the land at will - and the next monarch, they had just learned, would be a Roman Catholic. The noise and disorder made the earlier clamour a mere passing zephyr. In vain the Chancellor banged his table. At length the Duke of York himself rose and quietly left the chamber, after a brief word with Haddo.
This did have a calming effect. Presently the Chancellor was able to make himself heard, to announce that the High Commissioner would return only if and when order was restored. Points could be raised and questions asked, but only in due and proper fashion, with respect for His Grace and the Chancellor. Otherwise the sitting would be suspended.
The Duke must have been waiting just outside the door, for at the comparative quiet he came back to resume his seat.