Page:A biographical dictionary of eminent Scotsmen, vol 3.djvu/300

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328
ANDREW FLETCHER.


sixteen, be with all diligence possible armed with bayonets and firelocks all of a calibre, and continue always provided io such arms, with ammunition suitable. 10th, That no general indemnity nor pardon for any transgression against the public shall be valid without consent of parliament llth, That the fifteen senators of the college of justice shall be incapable of being members of parliament, or of any other office or pension but the salary that belongs to their place; to be increased as the parliament shall think fit; that the office of president shall be in three of their number to be named by parliament, and that there be no extraordinary lords. And also, that the lords of the justice court shall be distinct from that of the session, and under the same restrictions. 12th, That if any king break in upon any of these conditions of government, he shall, by the estates, be declared to have forfeited the crown." The above limitations did not pass the house, though they met with very general support; yet, something little short of them were really passed, and received the royal assent. The so much applauded Act of Security made many provisions respecting the mode of proceeding in parliament in case of the queen's death, with the conditions under which the successor to the crown of England was to be allowed to succeed to that of Scotland, which were to be, "at least, freedom of navigation, free communication of trade, and liberty of the plantations to the kingdom and subjects of Scotland, established by the parliament of England." It also provided, "that the whole protestant heritors with all the burghs of the kingdom, should forthwith provide themselves with fire-arms, for all the fencible men who were protestants within their respective bounds, and they were further ordained and appointed to exercise the said fencible men once a month, at least. The same parliament passed an act anent peace and war, which provided, among other things, that after her majesty's death, and failing heirs of her body, no person, at the same time king or queen of Scotland and England, shall have sole power of making war with any prince, state, or potentate whatsoever, without consent of parliament. A proposal made at this time for settling the succession, as the English parliament had done in the house of Hanover, was treated with the utmost contempt, some proposing to burn it, and others insisting that the member who proposed it should be sent to the castle, and it was at last thrown out by a majority of fifty-seven voices. Another limitation proposed by Fletcher, was, that all places, offices, and pensions, which had been formerly given by our king, should, after her majesty and heirs of her body, be conferred only by parliament so long as the crowns remained united. "Without this limitation," he continues, "our poverty and subjection to the court of England will every day increase, and the question we have now before us, is, whether we will be free-men, or slaves for ever ? whether we will continue to defend or break the yoke of our independence? and whether we will choose to live poor and miserable: or rich, free, and happy? Let no man think to object that this limitation takes away the whole power of the prince; for the same condition of government is found in one of the most absolute monarchies of the world, China." Quoting the authority of Sir William Temple for .this fact, he continues, "and if, under the greatest absolute monarchy of the world, in a country where the prince actually resides if among heathens this be accounted a necessary part of government for the encouragement of virtue, shall it be denied to Christians living under a prince who resides in another nation? Shall it be denied to people who have a right to liberty, and yet are not capable of any, in their present circumstances, without this limitation." We cannot refrain copying the following sentences on the benefits he anticipated from the measure: "This limitation will undoubtedly enrich the nation by stopping that perpetual issue of money to England, which has reduced this country to extreme poverty. This limitation does not flatter