CHAPTER III

Adventures in Spain--Serves in Hungary against the

Turks--Returns to Scotland at the Revolution--Reforms in the

Scottish Parliament--Saltoun restored--Darien.

As soon as Fletcher gained the deck of the _Helderenberg_ the master

sailed for Spain, carrying with him one John Kerridge, a pilot who had

been pressed into Monmouth’s service for the purpose of steering the

vessel to Bristol. As soon as they reached Bilboa, Fletcher, the

master, and this unfortunate Kerridge were all seized and put in

prison; and soon afterwards the English Minister at Madrid requested

the Spanish Government to send Fletcher to England. If he had been

sent to England his fate would not have long remained doubtful; but,

by some strange chance, he escaped. The Earl Marischal’s account of

what Fletcher told him of his adventures at this period is as

follows:--

One morning he was sitting at the window of his prison, when a

‘venerable person’ appeared, and made signs that he had something to

tell him. Fletcher somehow found an open door, at which he was met by

the ‘venerable person,’ who led him past the sentinels, who, strange

to say, were all fast asleep. As soon as he was outside the prison,

his deliverer, who was a perfect stranger, disappeared before he had

time to thank him. Thereafter, in disguise, he wandered through Spain,

where, as soon as he thought himself out of danger, he spent some time

in studying in the conventual libraries, and buying rare and curious

books.

‘He made,’ says Lord Buchan, ‘several very narrow escapes of being

detected and seized in the course of his peregrinations through Spain,

particularly in the neighbourhood of a town (the name of which Lord

Marshall had forgotten) where he intended to have passed the night;

but in the skirts of a wood a few miles distant from thence, upon

entering a road to the right, he was warned by a woman of a very

respectable appearance to take the left-hand road, as there would be

danger in the other direction. Upon his arrival he found the citizens

alarmed by the news of a robbery and murder on the road against which

he had been cautioned.’

We next find him serving under the Duke of Lorraine in Hungary against

the Turks, whom he calls ‘the common enemy of Christendom.’ Here he is

said to have distinguished himself by his gallantry and military

talents; but now events were happening elsewhere which soon led to his

return from exile. The Revolution was rapidly approaching. James was

losing ground in Scotland as well as in England; and when the

Scottish Parliament, at which the apostate Earl of Murray was Lord

High Commissioner, met in April 1686, the King’s letter, artfully

framed for the purpose of inducing the Estates to tolerate the Roman

Catholics, contained not only the offer of free trade with England,

but also the promise of a ‘full and ample indemnity for all crimes

committed against our royal person and authority.’ It is possible that

if the Scottish Parliament had yielded to the wishes of the King this

indemnity might have been granted, and Fletcher might have returned to

Scotland. But it was soon found that even the Episcopalians would not

submit to the royal wishes; and the Parliament replied that they could

only do as much for the relief of the Roman Catholics as their

consciences would permit. Then followed the assertion of the

dispensing power, the declarations of indulgence, and the series of

events which brought about the Revolution.

On the 2nd of October 1688, the very eve of his downfall, the King

granted a general pardon; but from that pardon several persons were

specially excepted by name, and among these were Burnet, Ferguson the

Plotter, Titus Oates, and Fletcher of Saltoun. By that time, however,

Fletcher was at the Hague, whence he accompanied the Prince of Orange

to England.

He did not linger in the south, but made his way as soon as possible

to Scotland.

Lord Buchan errs in saying that Fletcher was a member of the

Convention of Estates which met at Edinburgh in March 1689. The

members for Haddingtonshire were Sir Robert Sinclair of Stevenston and

Adam Cockburn of Ormiston; but Fletcher was already taking an active

part in public affairs. He had come back from the Continent with his

Whig principles deepening into Republicanism, with his mind full of

projects for the welfare of Scotland, and with a fixed opinion that

the power of the Crown ought to be diminished.

He therefore joined the Club, that association which had been formed

for the express purpose of thwarting the Government and decreasing the

royal authority. Sir James Montgomery, Annandale, Ross, and Sir

Patrick Hume were the leaders of this body; and among them there was

‘no man, though not a member, busier than Saltoun,’ writes Sir William

Lockhart to Lord Melville on the 11th of July 1689.

His great aim, then and ever after, was to reduce the royal authority

to a shadow, and to place all real power in the hands of Parliament.

‘He is,’ said Mackay in the paper which he drew up for the use of the

Princess Sophia, ‘a zealous assertor of the liberties of the people,

and so jealous of the growing power of all Princes, in whom he thinks

ambition to be natural, that he is not for intrusting the best of them

with a power which they can make use of against the people. As he

believes all Princes made by, and for the good of, the people, he is

for giving them no power but that of doing good.’ The Club did not

long survive; but apart from some of the questionable and factious

purposes for which it had been formed, it was mainly responsible for

that salutary reform by which the institution known as the ‘Lords of

the Articles’ was abolished. Though Fletcher was not a member of the

Convention, we are soon to enter on that period of his career when he

was one of the foremost members of the Scottish Parliament; and the

proceedings of that body, of which an account must be given, will be

unintelligible unless certain facts connected with its history and

character are understood.

The Scottish Parliament was originally divided into the three Estates

of the Bishops, the Barons, and the Boroughs. The Estate of the Barons

included the peers, or greater barons, and the county members, or

lesser barons. The ‘Boroughs’ meant the representatives of the royal

boroughs of Scotland. The three Estates sat in one chamber, there

being no Upper and Lower House as in England. At the Revolution, when

Episcopacy was abolished, the bishops lost their seats. The peers then

became the first Estate, the county members (known as the ‘barons’)

the second Estate, and the borough members the third Estate. The peers

numbered sixty-four in 1606, soon after the Union of the Crowns; but

by 1707 they had increased to one hundred and fifty-three. The number

of commoners who sat in the Estates was never more than one hundred

and fifty-six. Thus in the Scottish Parliament the feudal aristocracy

was almost supreme. The franchise was then genuine, without the

fictitious votes which were afterwards created on all sides; but the

county members were really nominated, in many constituencies, by the

peers. This, coupled with the fact that there was only one chamber,

made the subjection of the Commons complete.

The Commons, at the date of the Revolution, consisted of sixty-four

county and sixty-six borough members. The county franchise was in the

hands of the freeholders, who were few in number. The borough

franchise was in the hands of the magistrates, who were self-elected.

There was thus scarcely a trace of popular representation. Moreover,

the officers of state had seats and votes without having to undergo

any form of election, a custom which was often complained of.

But the chief peculiarity, and the most glaring defect in the

constitution of the Scottish Parliament, before the Revolution, was

the institution known as the Lords of the Articles. This was a

committee chosen, at the beginning of each session, to prepare

measures for the consideration of the Estates. It usually consisted of

forty members, eight bishops, eight peers, eight county members, eight

borough members, and eight officers of state. The manner in which

they were chosen was as anomalous as their powers. First the bishops

chose eight peers. Then those peers chose eight bishops; and those

sixteen chose the county and borough members. Eight officers of state,

nominated by the King or his Commissioner, were added, and the

Committee on Articles was complete. ‘Not only,’ Lauderdale once said,

‘hath the King in Scotland his negative vote, but, God be thanked, by

this constitution of the Articles, he hath the affirmative vote also,

for nothing can come to the Parliament but through the Articles, and

nothing can pass in Articles but what is warranted by his Majesty; so

that the King is absolute master in Parliament, both of the negative

and affirmative.’

All the business was, in most Scottish Parliaments, transacted by the

Lords of the Articles. The usual course of procedure was this. As soon

as the Estates met, the Committee on Articles was chosen, and directed

to prepare the measures which were intended to become law during the

session. The House then adjourned for a few days. When it met again,

these measures were read, and passed at once into law. There was

seldom any debating, and sometimes more than one hundred Acts of

Parliament were passed, and received the royal assent, in one day.

There was thus a constant danger of hasty legislation, and for this

there was no remedy. In England the Lords could reject any measure

passed by the Commons, and the Commons could reject any measure passed

by the Lords. But in Scotland, where there was only one chamber, there

was nothing to prevent the Estates making any law, however rash or

ill-considered, in the space of a single day.

At the Revolution, however, the Committee of Articles, which the

Estates had declared to be a grievance, was abolished. Henceforth the

Acts of the Scottish Parliament were no longer compiled in secret,

brought, cut and dry, into the House, read over by the clerks, and

carried to the Throne to receive the royal assent, in batches of a

dozen at a time, within the space of a few hours. Power was given to

the Estates to choose freely such committees as they might think

necessary, subject only to the condition that some of the officers of

state should sit on these committees, but without the right of voting.

The statute which put an end to the old institution of the Lords of

the Articles became law on the 8th of May 1690. On the 1st of May 1707

the Union took place. Thus the Scottish Parliament lasted for just

seventeen years after the introduction of this great reform. The old

defects in the rules of procedure remained; the method of conducting

debates was still irregular; and the risk of hasty legislation was as

great as ever, only a slight attempt having been made to remedy this

evil by a statute which forbade that any measure should be passed

until it had been read twice.[2] But during these seventeen years the

Scottish Parliament was free. There was nothing to hinder the full

discussion of any topic; and independent members could bring in

measures, and move resolutions, as freely as in the Parliament of

England.

[2] _Act that no law pass at the First Reading_, 25th September

1695. The term ‘bill’ was not used in the Scottish Parliament.

When a measure was brought in, and while it was before the

Estates, it was called an ‘overture,’ or ‘the draft of an Act,’

or simply an ‘Act.’

In the session of 1689 Fletcher presented a petition to the Estates

for the restoration of the estate of Saltoun, in which he asserted

that the sentence of forfeiture had proceeded on ‘frivolous and weak

pretences, and upon lame and defective probation.’

This petition, along with some others of a similar character, was

remitted to a committee of Parliament for inquiry. There was a long

delay; and at last Fletcher was put forward to complain to the Duke of

Hamilton, who was then Commissioner. So he went to Hamilton, and said

it was unfair that Argyll’s forfeiture should have been reversed

without delay, while he and others, who had suffered unjustly, should

have to wait so long. Having lodged this complaint, he asked Hamilton

to mention the matter to the King.

‘Tell the King,’ he said, ‘that Fletcher of Saltoun has a better

right to his estate than his Majesty has to the Crown.’

‘Devil take me,’ said the Duke in reply, ‘if it isn’t true!’

At last, on the 30th of June 1690, an Act was passed, rescinding the

forfeiture, and putting Fletcher once more in possession of his family

estate.

Before this event, so important to Fletcher, took place, Hamilton,

superseded by Melville, had retired in disgust from public life; and

there is some reason to believe that it was Fletcher who was the means

of bringing him back to support the Revolution principles in 1692,

when the country was alarmed by the threat of a Jacobite invasion. ‘I

know you will be surprised,’ Fletcher wrote to Hamilton in April of

that year, ‘to receive a letter from me; but my writing to you in such

an exigence shows the high esteem I must have of you, and of the true

love you bear your religion and country. If, laying aside all other

considerations, you do not come in presently, and assist in council,

all things will go into confusion; and your presence there will easily

retrieve all. The castle has been very nearly surprised, and an

advertisement which Secretary Johnstone had from France, and wrote

hither, has saved it. When things are any ways composed you may return

to your former measures, for I do not approve of them. I do advise

your Grace to the most honourable thing you can do; and without which

your country must perish.’ This ‘spirited letter,’ as it is called by

Dalrymple--in whose _Memoirs_ it is printed--is said to have induced

Hamilton to make up his quarrel with the Court, and in the following

year he was once more presiding over the debates of the Scottish

Parliament.

It was probably about this time, or soon after, that the project of

forming the ‘Company of Scotland trading to Africa and the Indies’

first took shape in the fertile brain of William Paterson, who may

perhaps have met Fletcher in Holland before the Revolution. He was in

London in 1690; and Dalrymple says that in Scotland it was always

believed that Fletcher brought him down to Saltoun, and presented him

to the Marquis of Tweeddale, to whom Paterson unfolded the great

scheme. Then Fletcher, ‘with that power which a vehement spirit always

possesses over a diffident one, persuaded the Marquis, by arguments of

public good, and of the honour which would redound to his

administration, to adopt the scheme.’

Sir John Dalrymple of Stairs, Mr. Secretary Johnstone, and Sir James

Stewart, then Lord Advocate, took the matter in hand, and the famous

Act constituting the Company was passed by the Scottish Parliament,

and received the royal assent on the 26th of June 1695. When the

subscription list was opened, in February 1696, Fletcher put his name

down for one thousand pounds’ worth of stock.

The story of the expedition which the Company sent to Darien, and of

the tragic fate of the adventurers, has been told and retold so often

that every child from John o’ Groat’s House to the Cheviots knows it

off by heart. It has never been forgotten in Scotland. England had to

face the question--Shall we run the risk of a war with Spain to save

the property of a Scottish trading Company, and the lives of some

twelve hundred Scotsmen? And England answered--No.

Fletcher was a rich man, and the disaster at Darien did not mean ruin

to him, as it did to so many of his countrymen. But the sight of their

sufferings, the callous indifference of the English Government, and

the knowledge that there was not one London merchant in a hundred who

did not, in his heart, rejoice in the ruin which had befallen the

Scottish traders, made him, as it made most Scotsmen, distrust

England, and devote himself, heart and soul, for the rest of his life,

to the cause of Scottish independence.

Fletcher of Saltoun · 第 3 / 10 章