A murmur of agreement arose from various quarters, muted at first, then growing, swelling.
Andrew sat back in his seat, thankfully. For the last few minutes he had been clenching his fists tensely in a fever of agitation lest this great chance was neglected. It had been only with the most stern self-control that he had prevented himself from calling out, promises or none.
From the lords' benches Johnnie Belhaven rose. "If that is accepted as another counter-motion, I second," he said.
"I, too, urge all here to support such prudent provision," Surprisingly, that was James's Archbishop of Glasgow.
There was a pause whilst men considered the implications, especially in view of that last contribution, Hamilton drumming his finger-tips on the table. Clearly there was considerable backing for Montgomery amongst the Williamites; and if the Jacobites chose to follow the Archbishop's lead, even if only for purposes of delay, the counter-motion could be carried.
"To decide upon and draw up such conditions would take time," he observed, at length.
"What matters a day or two?" Johnnie demanded.
"King William wishes no delay," the Earl of Lothian asserted. "Such matters can be negotiated later. I say vote."
The Lord Melville, home from his Dutch exile, seconded.
The Duke frowned. With William's supporters divided, James's, throwing in their numbers, could seem to win. He made up his autocratic mind.
"Very well - I shall allow time for this matter to be considered by all and proposals listed. I therefore adjourn this Convention until two days hence, at noon." He rose, without further remark, and stalked to the door.
Thus, unexpectedly, the session came to an abrupt end, men staring at each other uncertainly.
As movement began, Andrew made his way through the throng to speak with Sir James Montgomery.
That evening, in Penston's Tavern in the High Street, the upper room was crowded - and with a very different clientele from its normal bibulous citizenry. The wine flowed, yes; but its drinkers were without exception men of standing, lords, lairds and lawyers, most of them commissioners of the Convention -although not all, for Andrew Fletcher and a few others were amongst the company. Indeed it was Andrew and Montgomery who had organised the gathering, carefully inviting only men of wide and progressive views; mainly Whigs inevitably but some with no political affiliations save a known love of their country, although there were no actual Jacobites amongst them. What they had in common was a dissatisfaction with the way that the Convention was being managed and a determination that matters must be improved.
Andrew in fact took the lead, once all were assembled and their glasses and tankards filled. "We have asked you all to come to this tavern, rather than to any private lodging, for good and sufficient reason and purpose," he announced. "In the state in which we find the city and country, to meet in any man's house might well cost that man and his womenfolk dear, either from Dundee's dragoons, other Jacobite supporters or the town mob - which is quite out-of-hand and knows not friend from foe. So much for a leaderless nation!"
Cries of heartfelt agreement greeted that, for none could be unaware of the dangers of the streets, with wild rumours rife, no authority acceptable by all, the worst elements coming to the surface inevitably, a broken and unpaid army loose in the town and Dundee breathing threatenings and slaughters whilst the castle's canon were loaded day and night and aimed down upon the city streets in the name of King James. Prudent folk stayed at home, behind barred doors, and even great lords who seldom moved about without a tail of a dozen or two armed retainers, went warily. In consequence, there was a poorer attendance tonight than hoped for, only about a score present.
"We meet behind closed doors, then, necessarily," he went on. "And by the same token, what we may say must remain secret meantime, lest any or all suffer. So care was taken as to who was invited. We are in each other's hands, gentlemen - and this city is full of informers. If I seem too fearful, to overstate matters, recollect my own position - and therefore your own. I am still a forfeited outlaw and condemned felon. Most of you are magistrates, and know that everyone associating with me therefore commits an offence which could be punishable by death! This under King James's laws - and James is still lawful King of Scots. So I bid you to think well - and if you prefer to leave, do so now."
There was some talk but no leaving.
Montgomery took over, a baronet of ancient lineage but a shrewd lawyer. "So we must be agreed, my friends, that what we have to discuss and decide here, and possibly at other such meetings, is sufficiently important to warrant taking these risks. I say that it is. All know that we have reached a crossroads in the affairs of our nation and are about to make a notable change of direction. But it is clear that too many do not perceive the wise path to take in that direction — or care not -and so may well lead us along the wrong route. And we have been on wrong routes for too long! It is our task, our duty I say, to try to ensure that the right road is taken. Most of us here sit in the Convention. Yet we see that the Convention is likely to fail the nation. So we must plan how we may influence it for the right."
There was loud agreement on that, at least - but thereafter a dozen voices were raised in suggestion and counter-suggestion, accusation, denunciation and the like. Argument developed on all hands.
Montgomery appealed for quiet. "My lords and friends -lower your voices, a God's name! Or all Edinburgh will learn what we are at! We must have order in this or we shall get nowhere. We are only a gathering of like-minded men, a club as it were, with none greater than another. But it seems evident that we require some leadership and direction. A chairman, at least - else we shall get nowhere along that road. I propose to you he whom I would rate senior here, in rank as in age, my goodsire, Lord Annandale."
William, Earl of Annandale, chief of the great West Borders clan of Johnstone, whose daughter was Montgomery's wife, shook his grey, leonine head. "Not I," he declared. "I am no chairman. Give me a saddle, rather, and a sword, and I am still your man! But not this. I suggest to you Mr. Fletcher, who has both the wits and the words for it."
"My lord - no. I thank you - but no," Andrew said. "I am not the man you need. As I said, I could be a danger to you all. As your chairman, the more so. And I am not now a commissioner, and so cannot speak in the Convention on your behalf or otherwise. No - it seems to me that Sir James himself is the man for the chair - he who spoke out so well and boldly this afternoon."
"Agreed," Johnnie Belhaven said.
That was accepted, and in some order they got down to a worthwhile discussion. General agreement was reached fairly quickly on what was required - a Claim of Right to be drawn up, at least in skeleton form, to be presented by the Convention to William, the Scots crown dependent upon its acceptance, and embodying safeguards for the essential liberties and rights of the Scottish people in religion, government and law. That of course was easily said, but less easily defined and detailed, especially with individuals all emphasising their personal priorities, such as the immediate repeal of the Test Act, an end to illegal taxation, no more arbitrary appointment of magistrates, the restoration of the rights of the royal burghs and the need for the regular calling of parliaments. Andrew had his own strong contribution to make to the list - the disbanding of the standing army, which as well as being a most convenient instrument for tyranny, was an intolerable burden upon the nation's resources and a menace to the ordinary citizenry; to be replaced by locally-raised militia companies, such as already existed in some areas, but these to be authorised only by parliament and mustered and paid only when so ordered.
Twenty men cannot draw up any satisfactory and workable document of proposals, and in the end it was left to a trio, Montgomery, Pringle of Torwoodlee and Andrew Fletcher, to do the embodying the next day and to have at least the bare bones of a possible Claim of Right and a list of supporting requirements to put before the resumed Convention the day following, with sufficient voices and votes then to be raised to ensure their due consideration, the others present discreetly to canvass their friends and possible sympathisers meantime.
And so, two days later, when the Duke of Hamilton reconvened the session, he was faced with an entirely new situation, something like the embryo of a party such as Andrew had envisaged and advocated all those years before. It did not, to be sure, command anything like a majority of the Williamite persuasion; but it was able to present a fairly united front and speak with single and decided voice - which tended to be the Ayrshire voice of Sir James Montgomery - but which knew just what it wanted and was prepared to back it all with relevant motions and calls for votes. This, in turn, gave confidence to others hitherto diffident, undecided, but willing to follow a strong lead. Hamilton and the other senior William supporters were not long in getting the message.
That was not the only message of the day. Presumably there had also been a meeting, or decision-making, on the part of the Jacobite faction, which had resulted in a slightly larger attendance, the Lords Crawford and Cardross rescued from their besieged lodgings and two or three other aged or sick noblemen and bishops persuaded to appear. Surprisingly, Dundee himself was present, in the body of the hall, sitting amongst the lords.
It was clearly a most delicate situation for all concerned. Any split in the Williamite voting strength and the Jacobites could carry the day. Which in one aspect strengthened the position of the tavern-party and in another weakened it; for though it meant that Hamilton would have to defer to their wishes more heedfully, they dared not go too far lest they lost more than they gained. And with Dundee there to lead the James supporters, they could be sure that any weakness would be exploited.
When the Duke, therefore, typically abruptly, commenced proceedings by declaring that Sir James Dalrymple would read out the headings of the recommended Claim of Rights which might accompany the offer of the crown to William, there were immediate protests from many quarters. But there was nothing to vote upon yet, and Dalrymple went ahead. As Andrew and the others had feared, it was all too generalised, vague, such as William would have no difficulty in accepting and then more or less ignoring. Lothian proposed it as a motion, and Dundee and Montgomery were on their feet simultaneously condemning it, one as treasonable and the other as inadequate. With 177 present today to vote, 91 were for the rejection against 86 for acceptance.
Much perturbed and offended, Hamilton went into a brief conference with his close colleagues, however unprecedented for the presiding functionary, amidst Jacobite cheers. Montgomery nodded towards the watching Andrew. They had demonstrated their power - but shown also how two-edged a weapon they could wield.
Dalrymple at least took warning and evidently persuaded Hamilton, for when that man brought the meeting to order again it was for Dalrymple to propose a fairly innocuous motion that the Convention forthwith send a message to King William, whose affairs they were reminded brooked no delay, thanking him for calling the Convention and informing him that they were considering resolutions to put before His Majesty along with an offer of the Scottish crown. This was seconded by the Lord President's own son, Sir John Dalrymple, another lawyer, who showed promise of being as able as his father if less pliable and more unscrupulous.
Dundee moved the direct negative and Montgomery jumped up to support the motion.
The vote went 102 for and 75 against.
So now the position was clear, however awkward. The Williamites could win handsomely, but only with the tavern-group's support.
So Montgomery rose again to read out
their
poposals, to an ever-increasing clamour of opposition from the Jacobites. When Montgomery had finished and promptly moved that they be accepted, his father-in-law Annandale seconding, Dundee as promptly moved rejection.
This time there was considerable disarray amongst William's faction, but Sir John Dalrymple shouted that this was shameful, as good as pointing a pistol at William's head, and all true men should vote against.
The vote went 136 against and 41 for the motion.
It was something like stalemate. Neither main faction could win without Montgomery; but his group could not get their own way without detaching quite a large proportion of the main Williamite vote.
Andrew, who had brought paper and pen with him, scribbled a note to pass along to Montgomery, advocating the putting forward of single items of their demands, starting with the repeal of the Test Act.
Lord Melville proposed that they set up a committee of, say, six, to draw up an agreed list of conditions for the Claim of Right, of which the Earl of Annandale and Sir James Montgomery be two members. Obviously the James supporters would not wish to be represented - which left the other four places for the main Williamite faction. This did not suit Montgomery, since they would be out-voted two to one. He said so, and the motion clearly would not be carried. Instead, he proposed the abolition of the Test Act - which would make for fairer representation in the Estates hereafter, as well as having numerous other benefits for free men everywhere.