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.
Immediately there followed a flood of questions and objections, speakers rising one after the other, the Archbishop of Glasgow, the Earls of Argyll, Roxburgh, Tweeddale, Perth, Crawford and Southesk leading. They wanted elucidation on every clause of Mackenzie's statement but especially to be told what was meant by true religion as defined by the laws of the kingdom. They were answered less than adequately by the usually nimble-witted Sir George Mackenzie, unaided from the throne or the Chancellor's table. None were satisfied and it seemed as though chaos would return.
It was then that Sir James Dalrymple of Stair, up till now Lord President of the Court of Session, made his contribution. A shrewd, indeed brilliant lawyer who had been professor of philosophy, he rose to suggest that since in Scotland the phrase true religion could only refer to the Reformed Protestant faith, they should add a sentence to emphasise this. That faith, as all knew, was set forth in the Confession of Faith of 1560. That should be acceptable to all reasonable men.
There was a distinct pause at this, not all present being by any means conversant with the doctrinal pronouncements of the last century. But Dalrymple was a King's man and friend of Mackenzie's, and clever. No doubt this would be a useful safeguard against Catholicism. Few there, if any, realised that this was not the Westminster Confession of Faith, accepted as the corner-stone of the Kirk and drawn up much later.
Presumably the Advocate did not realise this either, for he accepted the additional wording almost thankfully, looking at the Duke and Chancellor and getting nods from both.
Since this amendment went down so well, Andrew saw his chance. He rose, to put forward a motion that, in accordance with the foregoing, to put the matter entirely beyond doubt, a clause be inserted in this test oath, ensuring the security of the Protestant religion. Baillie of Jerviswood seconded.
After agreeing to Dalrymple's insertion, the Advocate could hardly object to this, which seemed merely to emphasise the same point. The motion was passed without contest. Andrew did not fail to notice, however, the glare of sheer hostility from the normally urbane Mackenzie nor indeed the stern unwinking stare from James Stewart.
Many more queries and points were raised as to meanings and details, most skilfully parried or else ignored. None actually came to motions.
The Duke now showed signs of restiveness. Noting it, Chancellor and Advocate clearly thought to move to an adjournment for the day. Andrew considering that, after an adjournment and the usual behind-the-scenes manoeuvrings, threats and promises, the climate of opinion might be a deal less favourable, hastened to get in another motion.
"I move that this test includes a clause which ensures that no member of the Estates, nor yet elector thereto, need take such oath never to attempt to bring about any change in Church and State as now established. As the Advocate's draft would seem to imply."
"The proposed oath does not so imply," Mackenzie said curtly.
"I think that it does. Does not 'all persons ... on entry to any office in Church or State' refer to commissioners to parliament?"
"No sir. Membership of parliament is not an office."
"Nevertheless it would be safer put in words."
"This is pin-pricking, sir. Not to be tolerated." That was the Chancellor.
"It is a motion before the assembly, my lord." Andrew realised that perhaps he was being obstinate, even foolish in this - for there was no stir of support at all evident now, only some shuffling and murmuring. But he could scarcely withdraw without seeming feeble.
"Unseconded," Haddo pointed out.
"I second."
That turned all heads, including Andrew's, who almost wished the two words unspoken. They came, surprisingly, from Sir Ludovick Grant of Grant, something of an eccentric who had hitherto taken no part in the proceedings.
Haddo evidendy decided that he had nothing to fear. "Does any other support these, in an unnecessary motion, clearly declared so by the Advocate?"
There was silence.
"Then I declare that the motion falls." Quickly he turned towards the Duke. "Would it be Your Grace's wish that today's session be adjourned?"
"Agreed." James Stewart rose. "My lords and gentlemen, enough for this day. When we reassemble, let it be in a spirit of loyal duty and resolve. Until then, I urge you all to consider, consider well, where failure in such duty will lead." The princely gaze swept round, and seemed to linger momentarily on four faces, Argyll's, the Laird of Grant's, Baillie of Jervis-wood's and Andrew Fletcher's, before turning, he stalked out to a trumpet fanfare.
They were warned.
At Southesk's house in the Canongate that night Andrew found himself held in less esteem than on the previous occasion. Clearly it was felt that he had overdone it, made himself unnecessarily provocative, offended the King's brother, who appeared to be moderate and reasonable, seemed to be allying himself with the fanatics and extremist Covenanters. There was a new regime now, with Lauderdale and Rothes gone, and no successors of like calibre in evidence. They should be given a chance; headlong opposition was not the policy at this stage. Even Sir David Carnegie was critical. And he reminded him of personal dangers in such attacks.
This aspect it was which seemed to weigh heavily with Margaret Carnegie, and with Henry also to some extent. They were only going on hearsay, of course, and were anxious rather than critical.
Andrew, did, however, have a card to play in his own defence, and which made a distinct impact on the company. He informed that after the adjournment he had gone straight to the Parliament Hall library and looked up the old statutes and Acts of the Estates. And the referred-to 1560 Act embodied John Knox's resounding Confession of Faith at the Reformation, no later and watered-down version. And than John Knox there could be no sterner upholder of the Kirk's and people's rights against the crown's. That Confession declared flatly that Jesus Christ was the only Head of the Kirk, and that all i
ts subscribers were bound to 'represse tyrannie' and to 'defend the oppressed' as well as to uphold to the death the Protestant faith. No one would suggest, he thought, that Sir James Dalrymple, of all men, did not know what he was at when he inserted the 1560 Confession and Act. So they must take it that at least one of the pillars of the government in Scotland, the Lord President of Session, was on the right side of this. For this accepted amendment made a nonsense out of the entire Test.
This, of course, intrigued his hearers and went some way towards restoring Andrew in estimation. It was decided, however, by the group present - which was the nearest thing to a political party such as Andrew had advocated - that it would be folly to draw attention to this discrepancy, in the remaining sessions of the parliament lest the thing should be amended and this enormous loophole blocked. For once, the King's Advocate's lack of religious commitment had let down his cause.
And so, in the days following, nothing was said directly about Dalrymple's amendment, although there were many other questions and points raised, some of which came perilously near this vital issue. Andrew held his tongue, although with difficulty, though voting, needless to say, always against tyrannical powers. He had intended to raise and emphasise the disgrace of the recent Greyfriars kirkyard scandal, which had persisted for five long months before, with many of the prisoners dead, some were executed, some few signed a promise to keep the peace and were released, but hundreds were shipped off the Barbados plantations as slaves - although the ship sank off Orkney and the prisoners drowned. This should have been a cudgel to beat the government, but he was persuaded to silence.
Actually, however, the remaining sessions were rather dull,
humdrum and procedural, all the vital issues, like the fireworks, confined to the first day. No doubt James Stewart was satisfied that his warning had borne fruit. He had got what he wanted, the Succession and Test Acts passed. He prorogued parliament, therefore, in theory the master of Scotland.
But it was quickly made apparent that theory and words were insufficient, that the Scots required more than this to hold them down. Opposition to the Test rose on all sides, led by the anti-government faction, Andrew prominent. Leaflets were issued by the thousand, ridiculing the Act and pointing out its inconsistencies and contradictions, much play being made of the 1560 Confession clause, now that it was too late to amend it until another parliament. Even bishops and episcopalian ministers preached against it. The schoolboys of George Heriot's Hospital smeared a copy of the Act with butter and tried to get their watch-dog to swallow it; when the dog refused they publicly hanged it. Refusals to sign were many, especially when the chief judge, the Lord President of the Court of Session, himself declared that he could not in all honesty put his name to such a document which made no sense, resigned his high office and retired to his Ayrshire estate of Stair.
It was not Dalrymple who was chosen as scapegoat but MacCailean Mor, chief of Clan Campbell himself, something neither Lauderdale nor yet Rothes would have done. Argyll, of course, held many offices under the crown, some hereditary. He did not exactly refuse to sign, but qualified his signature -and this was held to be treasonable. Despite his lofty rank he was promptly arrested, immured in Edinburgh Castle and told that he would be executed, as had his father before him. That he made good his escape from the fortress without delay, disguised as his own daughter's maid, and fled to England, was the talk of Edinburgh for weeks. Few had thought him capable of it.
It was in these conditions that Andrew received a summons to appear before the Privy Council at Holyroodhouse, to answer for his failure, as a Commissioner of Cess and Supply for Haddingtonshire, to levy in full the necessary supply of money, forage and victual for the King's forces quartered in that county. This was the old story of over two years before, renewed, when John Graham had been billeted upon him at Saltoun and he had sought to spare the East Lothian folk the worst effects of the military demands. He was not greatly concerned, for many others had done the same and had been merely warned and admonished.
But the evening before he was to appear at Holyrood, they had a visitor at Saltoun - none other than Margaret Carnegie, who had ridden the fifteen miles from Edinburgh, in the windy winter dusk, with only a groom as escort. Henry brought her to Andrew.
"Margaret has come! Come bringing news, Andrew. Ill news. Ridden from Edinburgh . . ."
"It would have to be ill news indeed to prevent me from rejoicing that it fetched her to us all the way to Saltoun!" he greeted, with somewhat ponderous gallantry. "Come to the fire."
"Would that I had happier tidings for you," she said, shaking her lovely head. "Yet I fear that it must mean, mean saying goodbye, Andrew. You must not go to Holyroodhouse tomorrow!"
"Ha! So you have heard of that?"
"Yes. John Graham told us. Or told my sister. He arrived only today, from Wigtown. Summoned to this Privy Council meeting. Or trial, or whatever it is. As witness against you!"
"Graham? Bloody Clavers can only testify what scores of others can do - that I tried to spare our people the worst demands of his military." Bloody Clavers was the title that John Graham had earned for himself in Galloway, in the King's service.
"I do not know about that. But he sends this message to you - and I think takes some risk in doing so. He says that you must go. Before they lay hands on you. At once. Flee Scotland. As Argyll has done. For at this meeting tomorrow you are to be trapped. Made to sign this Test. And when you refuse, as is expected, you are to be arrested. And tried for treason.
"But this is nonsense! I hold no office under the crown. The Advocate himself declared, before all, that being commissioner of parliament is no office."
"No. But John says that they are going to assert that being a
Commissioner of Cess and Supply for your county is such office. Because you can claim expenses, I think. So you are to be caught ..."
"But, Lord - every representative of the shires is a Commissioner of Supply! During his term. This is sheerest trickery, deceit . . . !"
"It may be, Andrew - but it is what they have in store for you, John says. And once they have you arrested - dear God, I dare not think on it! You know how they must hate you. I have feared something like this . . ."
He stared at her and then to Henry, at a loss for words.
"Thank Heaven for Graham, at least! That you are warned," Henry said. "What will you do, Andrew? You cannot fight this. Against the Privy Council - with the Duke of York behind them, as must be, since he has taken over Holyroodhouse. It is his work! If MacCailean Mor could not defend himself, you cannot."
Andrew turned to pace the floor, fists clenched.
"John says that you can only flee, to where this Privy Council's writ does not run - across the Border," Margaret declared. "At first. And then probably overseas - for no doubt they will be able to take you in England, also, in time. But meantime England. Have you anyone to whom you can go? Secretly?"
"Burnet!" Henry said. "Gilbert Burnet. In London. He would help, Andrew. Master Burnet was parish minister here, our tutor," he told Margaret. "An excellent man. Author of books. He now lives in London . . ."
"I cannot just bolt like a whipped cur!"
"What choice have you? They were going to hang Argyll. Think you they will be any kinder with you? You have got to go, Dand - to save your life."
"And at once," the young woman insisted. "Tomorrow may be too late. That is why I rode here tonight. When you do not appear at Holyrood, they will be after you. Do not be foolish, Andrew. Heed us - who are fond of you!"
He looked at her, at that face, searchingly, almost hungrily -and she met his gaze frankly. He nodded. "I . . . thank you. Yes, then - I shall go. Pray God, not for long. But I shall go."
"Tonight?" "Yes."
"God be praised! And my . . . our prayers go with you. Oh, I am sorry, sorry! To be the bearer of such tidings. I, I . . ." She shook her head determinedly. "Enough! I must go. Return, before I am missed."
"You will stay here tonigh
t, surely?"
"No. If it was learned that I was here. . . when you are fled . . . there could be much trouble. My father might suffer. My groom I can trust. But I must be back to Edinburgh tonight."
"Then I will escort you. First, before I . . . bolt."
"Do not be foolish, Andrew . . . !"
"It is my privilege," Henry declared. "You have other things to do, Dand. And ride in quite the other direction . . ."
So, presently, they made their farewells, a difficult, trying business, with so much to be said and no way of saying it. The normally eloquent and vehement Andrew Fletcher was for once all but wordless, his brother gabbling rather, Margaret strained, in a conflict of emotions. As Andrew helped her up on to her horse, there in the windy dark, they clung to each other for a moment - that was all. They did not even say goodbye, indeed, neither trusting their voices.
Henry gripped his brother's shoulder, and mounted also.
Later by a couple of hours, Andrew did ride in the opposite direction, alone, with full saddlebags, as much money as he could find about the house, sword by his side - and with a sore heart. He did not look back at his great house, but trotted eastwards through the darkened countryside he knew so well, with a thin rain off the sea in his face. At least, on such a night, he was unlikely to be observed.
He went by Beil, where he knocked up a surprised Johnnie Belhaven and his wife, to say goodbye. Johnnie, now recovered from his concussion, agreed that Andrew had no option but to flee the country. He added that, strangely, only the day before, Baillie of Jerviswood had called, and on the same business, flight, warned that he was to be arrested and executed. He was having hastily to borrow moneys, as he went, for he had been so savagely fined for his non-conformity — £6,000, the entire annual value of his estates - that he was all but
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