DIE Lunæ, 20 Martii.
Domini tam Spirituales quam Temporales præsentes
Epus. Duresme, & Crew.
Epus. Lich & Cov.
Epus. Bath & Wells.
Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Comes Pembroke, Præses.
Dux Buckingham, C. P. S.
Dux Devonshire, Senescallus.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Viscount Say & Seale.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Grey W.
Insolvent Debtors who will serve the Queen, Bill:
The House was adjourned during Pleasure, and put
into a Committee upon the Bill, intituled, "An Act
for the Discharge out of Prison such insolvent Debtors
as shall serve, or procure a Person to serve, in Her
Majesty's Fleet or Army."
The House was resumed.
And the Lord Granville reported, "That the Committee had gone through the said Bill; and think it fit
to pass, with One Amendment."
Which was read Twice, and agreed to.
vice lecta est Billa, intituled, "An Act for the
Discharge out of Prison such insolvent Debtors as shall
serve, or procure a Person to serve, in Her Majesty's
Fleet or Army."
The Question was put, "Whether this Bill, with
the Amendment, shall pass?
It was Resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by Sir
Robert Legard and Sir Rich'd Holford:
To return the said Bill, and desire their Concurrence
to their Lordships Amendment made thereto.
Message from thence, with a Bill.
A Message from the House of Commons, by Mr.
Tredenham and others:
Who brought up a Bill, intituled, "An Act for the
further recompensing of John Baker Gentleman and
his Family, for the Services of Colonel Baker, at
London-Derry in Ireland; and for stating the Accompts
of the late Receivers of the Rents and Profits of the
forfeited Estates in Ireland;" to which they desire the
Concurrence of this House.
vice lecta est Billa, intituled, "An Act for
the further recompensing of John Baker Gentleman,
and his Family, for the Services of Colonel Baker,
at London-Derry, in Ireland; and for stating the Accompts of the late Receivers of the Rents and Profits
of the forfeited Estates in Ireland."
Message from H. C. to return Fermor's Bill.
A Message was brought from the House of Commons,
by Sir Mathew Dudley and others:
To return the Bill, intituled, "An Act for the setting
aside a voluntary Settlement made by Mary Fermor
Widow; and for ratifying a Partition made of the
Manors of Mersham and Pett, and divers Lands in
the County of Sussex, between her and Bartholomew
Walmesley Esquire, and others;" and to acquaint this
House, that they have agreed to the same, without any
Bank Annuities, 3 per Cent. Bill.
vice lecta est Billa, intituled, "An Act for
the better and more regular paying and assigning the
Annuities, after the Rate of Three Pounds per Centum
per Annum, payable to several Bankers and other
Patentees, or those claiming under them."
The Question was put, "Whether this Bill shall
It was Resolved in the Affirmative.
ORDERED, That the Commons have Notice, that the
Lords have agreed to the said Bill, without any Amendment.
Recruits for Land Service and Marines, Bill.
ORDERED, That this House shall be put into a Committee upon the Bill, intituled, "An Act for raising
Recruits for the Land Forces and Marines; and for
dispensing with Part of the Act for the Encouragement and Increase of Shipping and Navigation during the present War," To-morrow, at Twelve a
Clock, and that all the Lords be summoned to attend.
Justices of Peace, Lancaster.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That a List of the Justices of
Peace for the County of Lancaster be laid before this
House To-morrow, at Eleven of the Clock.
Public Accompts for taking, &c. Bill.
The House was adjourned during Pleasure, and put
into a Committee again upon the Bill, intituled, "An
Act for the examining, taking, and stating, the Public Accompts of the Kingdom."
After some Time, the House was resumed.
And the Lord Ferrers reported, "That the Committee had gone through the said Bill; and think it
fit to pass, with some Amendments."
Which were read Twice, and agreed to; and ORDERED, That the said Amendments be engrossed.
List of Justices of Peace turned out, delivered.
The Clerk of the Crown (pursuant to Order) delivered
in a List of all the Justices who have been put out of
the Commission of the Peace in the several Counties of
this Kingdom, since Midsummer One Thousand Seven
Scotch Conspiracy, Report about.
The Duke of Somerset reported from the Lords
Committees appointed to examine into the Scotch Conspiracy, the several Examinations taken by them.
Which were read, as follow; (videlicet,)
"The Committee, appointed, by your Lordships
Order, of the 22th of February, to examine farther
into the Scottish Conspiracy, in Obedience to the
Order of the House, proceeded to read the Papers referred to them, the better to enable them
to examine the several Persons who appeared to
be concerned; and afterwards they did proceed to
take the Examinations, which are hereunto annexed.
"The House was also pleased, by an Order of the
Sixth of March, to refer to the Committee Two
intercepted Letters, whereof the One was sent to
Mr. Keyth; by the Name of Mr. Smyth; and the
other to Mr. Campbell; by the Name of John Moncriffe. The Committee did examine severally Mr.
Keyth and Mr. Campbell thereupon; and the Committee desire to refer to their respective Examinations,
as to what they have said in relation to those Letters.
"Sir John Macleane's Paper, delivered in to the Committee, February 26th, 170¾.
Sir John Maclean's Paper.
"In July 1702, the Lord Lovat, arriving at Paris,
sent to Sir John Macleane, to let him know, "He
wanted to see him;" and, upon his meeting with him,
told him, "He had Matters of great Importance to
communicate to the late Queen; but, before he would
give an Account of them, he desired Her Promise,
not to reveal them to any of Her Ministers." Sir
John told him, "He had no Call to meddle in any
Business, all Negotiations at that Court passing
through the Hands of the Ministers; and that all that
he could do was, to carry his Message, and give him
whatever Answer he received?" The Lord Lovat told
him, "He was more particularly concerned in this,
because the Propositions were from the Chiestains of
Clans, as he would give the Queen an Account, according to the Answer She should send him." Sir
John delivered his Message to the Queen; who agreed
to see him, and gave Her Promise, "to keep from
Her Ministers whatever he should say to Her;" but,
since it was absolutely necessary She should trust
somebody about Her with it, She desired to know,
"if he would condescend it should be my Lord Perth;"
which he agreed to; and the Lord Lovat had a private Audience of the Queen, where my Lord Perth
and Sir John were present; in which he told Her,
"That he was commissionated from the greater Part
of the Chiestains of the Highland Clans, that they
would rise in Arms, with 10,000 Men, if they were
assisted from France with Money, Arms, and Troops
to support them; that he had been with them, and
spoke to them, upon the First Account of K. William's
Death, looking upon it, and the War breaking out,
as a fit Opportunity." The Queen told him, "She
would send to the French Minister, Mr. De Torcy,
to communicate it to him; and then he should hear
from Her." Some Days after, my Lord Perth desired Sir John to acquaint the Lord Lovat, "That the
Queen had spoke to Torcy; and that he had appointed to meet him next Day at Paris, to have his
Proposals." My Lord Perth, (fn. *) the Lord Lovat, went
the next Day to Paris, from whence they found
Torcy had been called to Court, but (fn. †) left M. de Callieres (whom he entrusted) to hear what Lovat had to
say; and that he would acquaint the Q. in a few
Days, when Lovat might see him privately at Marlye.
Lord Lovat gave Mr. de Collieres the same Account
he had given the Q.; "which, he said, he would
report to Torcy, who would commune with him upon
it at Marly." In some Days, my Lord Perth acquainted Sir John, "That Torcy had appointed next
Day, to meet with Lovat at Marly; and that, lest it
might give some Umbrage to the Ministers, from
whom it was concealed, that he should be seen going
often to the French Court, the Ministers having formerly desired of the Q. that he should not meddle
in Business, because of his Relation to Melfort, then
in Disgrace; that therefore Sir John should carry
him to Mr. Dc Torcy."Sir John replied, "That he
was as little known to Torcy as the Lord Lovat, having never spoke to him in his Life." Upon which, he
told him, "He would have the Queen's Orders to
write to Torcy;" which he did accordingly, and gave
the Letter to Sir John, to be given Lovat; which he
delivered to Torcy, who told him, "Mr. de Collieres
had acquainted him with the Proposals he had made:
That for Money and Arms, he believed his Master
would condescend to; but He was so straitened as to
Men, that the Difficulty would stand there: That he
desired, in the mean Time, he would draw up a Memorial of the Names of those who had commissionated him, what Men they would raise, and what
Number of Troops they desired; and that, since he
had more Time at Paris than at Court, he gave him
a Day, which he would acquaint the Q. of, to
meet him; and, since She had informed him Her
Ministers were not trusted with the Secret, he
thought it were best they should meet at the Pope's
Nuncio's at Paris, where he used to be frequently."
The Lord Lovat returned, and met privately with
Perth, to whom he gave an Account, to be given to
the Queen, of what passed with Torcy. The Lord
Lovat, at his Return, having drawn up his Memorial,
desired Sir John to translate it into French. Sir John,
in reading it, told him, "He found some Men named
there, whom he inquired after some Days before,
and whom he had told him he had not seen, but
heard they were well; and that he thought he ought
to name nobody but those he had Assurances from."
He said, "He knew their Inclinations, and he would
take it upon himself." Sir John told him, "That,
besides this, he found in the List he made, that he
had set down some of the Chiestains for Twice the
Number they could raise." The Lord answered,
"That he must make the Number sufficient, otherwise the Court of France would never engage." Sir
John told him, "That, for his Part, he would never
impose on any body; and that, if ever the Queen
should disclose to Her Ministers the Project in Hand,
finding a Part false, they would not fail to say, the
Whole was supposed." The Lord was so displeased
at Sir John's Freedom, that he put up his Memorial,
carried it to Perth, who put it in French, and went
to Paris without him. The Number of Men desired
of the French were 5,000, who were to land on some
Place near Dundee, where they might easily march
to the Foot of the Hills, where the Highlanders might
join, being secured by them from any Forces then
in the Kingdom. Those Troops were to be transported from Dunkirke, and at the same Time 500
Men from Brest, to Fort William, to take in that Fort,
and free the Highlanders from its Inconvenience at
Home, when they were to take the Field. The
Difficulty as to sending and transporting the Men
stuck still with the French Court; so that the Lord
Lovat went afterwards frequently to Paris alone,
where he met with Torcy at the Nuncio's, and Callieres, to press the Affair. My Lord Perth, some
Time after, meeting with Sir John, told him, "He
had a Letter from Callieres, desiring him to go next
Day to Paris, and bring Lord Lovat with him, for
he hoped Torcy would come to a Conclusion; but
that, it being impossible for him, Perth, to go next
Day, he desired Sir John would acquaint Lord Lovat,
and go along with him, to be present at the Conference;" which Sir John did, and found Torcy and
Callieres, who told Lord Lovat, "That his Master had
agreed to the Proposals; but he desired to have more
essential Assurances from the Chiestains of Clans."
Torcy proposed, in sending back Lovat, to send a French
Commissary; but the Difficulties arising from his
Want of the Language, from his being easily imposed
upon, being a Stranger, made him lay it aside. But
Callieres proposing some Scotsman in the French Service, whose Dependance on the French Court would
make them secure; Captain John Murray, who had
served there several Years, was pitched upon, as
being known to Callieres. The Lord Lovat and Captain Murray went afterwards frequently to Versailles
and Paris, communicating very little to Sir John, because of the Diffidence Lovat had of him, which
had increased by a Refusal of a Commission of Major General he had asked of the Queen, and which he
attributed to him. Sir John had Occasion of speaking to the Queen about a Part of his Pension that
was owing. She took the Occasion to tell him,
"That Lovat asked the said Commission;" and desired to have his Thoughts. Sir John told her plainly.
"That he apprehended, giving him a Commission
over the Heads of the Chiestains who were able
to raise more Men than he, might disgust them;
and that, since She spoke to him of that Affair, he was
obliged to give his Sentiments of the Whole; that
he was afraid the bad Circumstances Lovat was in
at Home, with the natural Heat of his Temper, would
push him to advance more than he could make good;
and that, though those Gentlemen he named were
willing to rise in Arms, yet, if She had not Assurances from some considerable Part of the Nobility in
The Low Country, yet the Event would only be, that
the French might make a Diversion for themselves,
without any other Effect, as to Her Affairs, than the
Ruin of the Gentlemen engaged; and though nobody wanted more than Sir J. a Handle for changing his Circumstances, that he would rather suffer
still, than expose his Friends and Relations: But that
She was best Judge of what She might expect from
The Low Country, into which he did not presume to
enter." She told him, with some Heat, "That She
had sent several Messages to Duke Hamilton, but
could have no Return; that he was so shy, She knew
not what to make of him: That She sent lately to
him by Captain James Murray; and that, if She was
to have any Answer, it would be before the Return
from The Highlands; that the Business in the mean
Time was, to dispatch Lovat, and She would judge
best at their Returns." The Lord Lovat and Captain
Murray were for about Three Weeks from Paris to
Versailles, that Sir John did not see them when they
received their Dispatches. From the French Court
they returned to St. German's, where Lovat had his
last Instructions, which he did not communicate to
Sir John, though lying at his Lodgings; but Sir John,
coming into his Room when he was in Bed, looked
them over; which, it seems, he perceived; and in the
Afternoon, read them to Sir John. What he remembers of the Contents of them is, "That he was to
assure the Chiestains, that they should be supported
with Money, Arms, and Men; that he should return
positive Assurances from them, of what Number they
could raise, with an Account of the State of the
Nation in general, and of their Inclinations in the
present Parliament; and to return with the Account."
The Lord Lovat and Murray were about Three
Weeks more at Versailles and Paris before they went
off, that Sir John did not see them. He went to
Paris Two Days before their Departure, where Lovat
told him, "That he would scarce have as much
Money left him as would perform his Journey." On
which, Sir John asked him, "What Sum he had got?"
He told him, "400 Pistoles;" which he had said
nothing of to him, though he had received it a con-
siderable Time before. At his Departure, he pressed Sir John to write by him to some of the Chieftains, who were his Relations, and to the Gentlemen
of his own Family; which Sir John shunned, telling
him, "That those who had trusted him before,
would trust him again; and that, if Sir John found
it necessary to write to those of his own Family, he
would send his Letters to him to Brussells, where, he
said, he was to make some Stay." Sir John had a
Letter from him from St. Omer's, where he sell ill,
complaining of not sending him Recommendations to
his Friends, with some four Expressions. Sir John
never wrote to him since he went from Paris, nor
designed no farther Communication with him; neither
did Lovat let him know where he was to take his
Passage. Major Frazier, who went with him, was only
as of his Family and Relation. Murray was the only
Entrusted from the French Court. Some little Time
after Lovat's Departure, there came an Account of
the Queen's Act of Grace to Her Scots Subjects, a
Promise of which had come before he went off.
Those of the Scots Nation at St. German's asked, and
easily obtained, Leave to return; that Court never refusing it to any: Those who returned (as Sir John
remembers) were, Colonel Buchan, Captain Midleton,
Colonel Grahme, Captain Deane, David Lindsay, and
Captain Meares. Sir John went immediately to the
Q. and put Her in Mind, "That, some Years before, the
late King James had given him Leave to return, if
he could procure a License; that he hoped She would
give him Leave, as She did to the rest of his Countrymen, to take Hold of this Opportunity to live
amongst his Friends, who, on the former Occasion,
had promised him their Assistance to subsist him." She
easily condescended to his Proposal. Sir John went
about his Journey, in which he had great Difficulties,
having a Family to carry with him, being resolved to
leave nothing behind he had any Relation to. Finding
the Passages to Holland stopped, he sent to Calais, to
know when the Packet Boats for Exchange of Prisoners was expected, which was the only Passage left:
Having an Answer, "that its Return would be in 15
Days;" he prepared himself, but it did not arrive till
Two Months after. Sir John immediately took Post,
but arrived Two Days too late, the Ship returning
without any Prisoners a Fortnight sooner than its
ordinary Time, by a Dispute which happened betwixt the Governor of Calais and the Master of the
Ship. Sir John staid Two Months there, in Hopes
of its Return, where he found some English Gentlemen Prisoners there, waiting for the same Occasion,
till, the Governor sending them out of Town, believing, by the Delay of the Ship, that the Commerce
was entirely broke off, Sir John hazarded in a little
open Fisher-boat, which had been released, and with
the Hazard of his Wife, who was but Eleven Days
brought to Bed, and of his Children, landed in
England, where there must be Two Hundred People
to draw up the Boat, asked for the Magistrate, delivered himself, and told him who he was. The
late Q. as Sir John took Leave of Her, told him,
"She hoped he would have no Resentment of any
Neglect he had met with there; that, as to Lord
Lovat, She believed he would be returned before
he could be well in Eng'd; that She recommended to
him to found D. Hamilton, from whom she had no
Answer; but not to communicate any Thing of
Lovat's Affair, if he did not find him disposed for
her Service. She recommended to him to speak to
Athol, if he should find him disposed as to Marshall."
"What Sir John knows of David Lindsay is, That
he had been sent from St. German's to England, and
returned with the Earl Midleton, which was before
Sir John went to France. He knows nothing of any
real Errand he now has, nor ever had any Communication with him whilst there.
B. Sir John Macleare's farther Examination.
"Sir John Macleane, being brought to the Committee,
was told, "The House of Lords had been informed,
that he had been promised a Pardon, in case he should
make an ingenuous Confession; but that the House
was not satisfied that his Confession was full, and had
ordered the Committee to examine him farther."
"Sir John Macleane said, "He understood that he
had an absolute Promise of Pardon; but, he said, he
did not insist upon it, and was ready to tell all he
could recollect." Whereupon the Lords of the Committee ordered him to set down in Writing, in his own
Hand, what he could remember; and then they would
examine him farther.
"On the 26th February, he delivered to the Lords
the Paper marked A.
"Being farther examined, he declared, "That, upon
the Queen's Accession to the Crown, he had applied
himself to the Earl of Cromarty, by Sir Æneas Mackferson his Father-in-law, for a License to come over;
but had received no Answer.
"That he was willing to take the Opportunity of
coming away, upon the publishing the Indemnity in
"That, upon his coming away, the late Queen at St.
German's procured for him 2000 Livers from the
French Court, as for a particular Service of Her own.
His Allowance, whilst he staid in France, was about
900 Livres per Annum.
"When he took his Leave of the late Queen, She
told him, "She had sent to D. Hamilton by divers
Persons, and had no Answer from him; but that She
had lately sent James Murray to him, by whom She
hoped for an Answer."
"The late Queen gave him in Charge, to use the
discreetest Measures he could with D. Hamilton, to
sound him. He was not to speak to D. Hamilton at
first as from the Queen, but was to discourse him as
of himself; and if he found him well disposed to
enter into the Business of France, then he was to tell
him, "He knew of James Murray's Message to him,
and to use the Queen's Name; but he was to break
Frazer's Business by Degrees, the Queen apprehending he would be averse to it, by reason of his Conjunction with the Athol Family, who hated Frazer."
"The Queen did not give him any Credentials to
the Lords She employed him to; She knowing that
he was related to D. Hamilton, and knew him, and
the Knowledge of James Murray's Message was a
"The Queen knew it was very well between the Families of Macleane and Athol and Marshall. The
Queen told him, "The Lord Athol had a great Interest in The Highlands, and She knew what great
Animosities there were between him and Lovet; and
that, if Sir J. Macleane could find any Way to mitigate
Things between them, he would do Her a great Service."
"They looked on the D. of Athol as One rather engaged by D. Hamilton. It is on the latter they depended principally; as having been entrusted by K.
James, and who never meddled with any Employment under the late Government, which the D. of
Athol had done.
"As to the Earl of Marshal, the Lord Perth pretends an Interest with him, as being his Son-in-law.
The Earl of Marshal and his Father were always
looked upon as Creatures of K. James's.
"The Lord Perth said to Sir John Macleane, at parting, "That he was privy to James Murray's being
sent to D. Hamilton, and he hoped the Duke would
"The Lord Perth also told Sir John Macleane, "He
had given Instructions to John Murray, to speak with
the Earl of Marshall."
"He never talked of the D. of Athol with any
Confidence or Friendship; their Families having been
never well together.
"One Bell, who had been a Captain in Buchan's
Regiment, and had lived at St. German's from the
Conclusion of the Highland Business, was sent for
Scotland last Winter, but died in Holland in his Way
thither. Sir J. Macleane was with the Lord Perth,
when the News of his Death came; who expressed himself to be much troubled at it, because Bell was One
whom D. Hamilton entirely trusted, and who he hoped
would have done Good with him; and then he told
Sir J. Macleane, "That was the Business about
which Bell was sent to Scotland." Afterwards Sir
Adam Blair told him the same Thing.
"As to what Sir John Macleane had formerly said
of Stevenson's Message to D. Hamilton, he had it no
otherwise than by common Report.
"Nevill, Paine, and Colonel Parker, and a Club at
Paris (who are in Opposition to the Earl of Middleton, and pretend to have License from the French
Court to keep Intelligence), said, "That Stevenson
was sent to D. Hamilton by the Earl of Middleton;
and when, about a Fortnight after Stevenson's Return
from Scotland, he was put into The Bastile, they
said, "He had not been trusted by D. Hamilton;
and that Word had been sent privately, that he
should be clapped up."
"Sir J. Macleane, being asked, "Who was to command the Troops which France was to send to Scotland?" made Answer, "That, in the Discourse between the Lord Perth and Mr. Torcy, Mr. Callieres,
and himself, together with Frazer, it was agreed,
That, if D. Hamilton would engage, he should have
the Chief Command: That D. Hamilton was looked
upon in France as an Officer; but they intended to
send a Frenchman, to take Care of the Troops, and
act under him; but they did not then seem to think
of sending the D. of Berwick, because, if the great
Men in Scotland engaged, they would not be willing
to be commanded by him."
"Being asked, "How they came to have so great
an Opinion of D. Hamilton at the Court of France?"
Sir John Macleane said, "He was looked upon as
the most popular Man, being at the Head of that
great Number of Lords and Gentlemen who protested against the Sitting of the last Parliament."
Upon the Sitting of this present Parliament, the
Court at St. German's thought it their Business to
obstruct the declaring the Succession to the House of
Hanover; and approved of the Acts and other
Things brought into the Parliament, as tending to
"The Council at St. German's consists of the D. of
Berwick, the Lord Perth, the Earl of Middleton, and
the Lord Carryl.
"The Queen at St. German's had promised Frazer
not to discover his Design to any of the Ministers
besides the Lord Perth; but, after France had agreed
to the whole Matter, She directed the Lord Perth to
tell Sir J. Macleane, "That She desired to speak with
Frazer; and that She hoped he would be brought
to consent it might be communicated to the whole
Council, for they had got an Inkling of it, and it would
be better She should tell it them Herself, than that
it should be known without Her."
"Sir J. Macleane gave an Account of this to Frazier;
who went to wait upon Her, and, at his Return to
his Lodgings, told Sir John Macleane, "That he had
consented to it, and that he thought it in vain to do
otherwise, for he believed She had told them of it
before." Frazer said, "She had ordered him to
wait upon them." Frazer first sent Sir Alexander
Macleane to the D. of Berwick, to know when he
would be attended; and a Time being appointed,
Frazer and Sir Alexander (as they both told Sir John
Macleane) went to him, and discoursed with him of
the Number of Men, and Provisions, and how they
could make up their Magazines, and about the Situation of the Country; and he brought out Maps to
"The D. of Berwick told them, "That the Court
of France had already concluded D. Hamilton the
fittest Man to command in Chief, if he would be
engaged; and that there was no Occasion for him,
since he could not serve under D. Hamilton; but, if
D. Hamilton did not engage, and if, upon Frazer's
Return, he saw the Affair turn more general, then, if
the Two Courts gave him any Orders, he would be
ready to obey."
"Frazer said, "The D. of Berwick would not be
acceptable to the Scots Nation; all the Scots Officers
in France being discontented with him, for having
favoured the Pretensions of the Irish Officers, in
order to their being provided for in the Irish Regiments; for they all knew it was the D. of Berwick's
doing, though the Commissions were given out by
the French Court." Sir J. Macleane did suppose this
was told by J. Murray to Frazer.
"Frazer told Sir J. Macleane, "That he had been
with the Earl of Middleton, and John Murray had
gone along with him." The Earl of Middleton said,
"The Queen had given him an Account of the Design; and he was well satisfied with it, and approved
of the Project, and bid Frazer take Care of himself;
and said, it was incumbent on Frazer to be very
particular in the Accounts returned or brought
"Sir J. Macleane was with Frazer when he took
Leave of the E. of Middleton; who expressed a Resentment, that the Project had been kept so long
"Frazer desired to speak in private with the Lord
Middleton in his Closet, and did so. At Night, he told
Sir J. Macleane, "What he said to the Earl of
Middleton then, was to desire a Pardon for himself, as
to the Business which concerned the Athol Family;
because he foresaw, if D. Hamilton should engage,
he would have the great Sway; and being so much
in the Interest of the Ashol Family that was bent
against him, he thought it securest for him to get a
Pardon by the Lord Middleton's Interest at this Time."
The Lord Middleton's Answer was, "That there
was no Scots Lawyer about the Court who knew
how to draw a Pardon, which must be nicely done;
but that, if Frazer would get one prepared in Scotland, it should be passed upon his coming back."
"The Earl of Middleton is not looked on to be a
Friend to D. Hamilton; the Earl of Melfort was
thought to be his principal Friend.
"The Earl of Hume is thought to be the Top of the
Party that depends on the Lord Middleton; and it is
generally thought, at St. German's, that he is the
Man most relied on by the Lord Middleton, and whose
Interest he supports.
"When Mr. Frazer and Jo. Murray went away, they
agreed with the Lord Perth, to settle a Correspondence
in Scotland for him.
"They pretended they would go by the Way of
Holland, and pass through the French Army; but
Sir Alex'r Macleane wrote Word to Sir Jo. Macleane
afterwards, "that they had not passed that Way."
"Sir J. Macleane said, "He had often discoursed
with the Lord Perth about Frazer's Affair; the Lord
Perth was the First that was entrusted with it:
"The last Directions the Lord Perth gave Sir John
Macleane was, to press Frazer and Jo. Murray (if they
were not come away before Sir John Macleane came
to Scotland) not to fail to bring authentic Proofs of
what Frazer had said; for that otherwise his Friends
would suffer at the Court of France, and his Enemies
would take Advantage at the Court of St. German's.
He proposed, in particular, "That, when they returned to France, if it were possible, they should bring
over one of the Highland Chiestains with them."
"The Lord Perth was the Person with whom Sir
Jo. Macleane was to hold Correspondence. He told Sir
J. Macleane, at parting, "That, if he found Frazer
and Jo. Murray in Scotland, they would tell him how
that Correspondence was fixt, and what Address was
to be used; but, if they were come away, then he
was to know it from Rob't Murray, John's Brother,
who was generally in Edinburgh; but, if he chanced
to be absent, he might be heard of at his Elder Brother's House, in Perthshire."
"He said, "He gave an Account of this intended
Correspondence to the E. of Nottingham."
"The Reason of trusting Jo. Murray to go along
with Frazer, and observe what he did, was, not only
because he had served long in the French Troops, but
because he was also well known to Monsieur Cailleres.
"The Time proposed for Action in The Highlands,
is just between Harvest and the Beginning of Winter.
"The Money desired for this Expedition was One
Hundred Thousand Crowns, and the Arms were for
Twenty Thousand Men; both which were promised:
But the Arms were not sent when Sir J. Macleane
came away; nor was there any of the Money to be
sent, till the Security of Things appeared upon Frazer's Return, and then it was to be sent by a French
"Sir J. Macleane was asked, "What Persons left
France upon the News of the Indemnity in Scotland,
and what was their Character, and upon what Designs
they came?" He named Major General Buchan, Captain Deane, Patrick Grahme, Captain Middleton, Captain Meers, and David Lyndsay.
"He said, "As to Major General Buchan, he believed he was not trusted with the Highlands Business,
because he knew he was the most ungrateful Man
living to the Highlanders; so that, if he was employed
in any Thing, it must be with respect to The Lowlands; but that it was kept as much from them, as
their Design in The Highlands was from others, though
he did not doubt but other Men were employed in
"He said, "He knew that formerly, when he was in
The Highlands, Major General Buchan kept Correspondence with the then Earl of Arran and the E. of
Hume; and that the E. of Arran remitted Money to
"As to Patrick Grahme, Sir J. Macleane said, he
was very low at St. German's: He believed Captain
Murray, who is his Sister's Son, has communicated to
him all Frazer's Affair. They went together from
"He looked upon Captain Middleton as superannuated; it was One of his Sons, who kept The Bass
for King James. He believes him to be very hearty
in the Cause of St. German's.
"Captain Deane and Mr. David Lyndsay went off
together. Sir J. Maclean said, "Captain Deane
was Governor of my Lord Middleton's Children for
about Two Years." Sir J. M. was present when Deane
came to take his Leave of Sir Randolph Macdonald;
who asked him; "What he would do in Scotland?
he would starve there, as well as at St. German's."
But Captain Deane made Answer, "He had a Brother,
or Relations, who might help him." Deane has no
Estate in Scotland.
"What Orders or Instructions Deane had, he believed,
were from the E. of Middleton. Deane was One of
the Officers concerned in the Mutiny of Dunbarton'ś
Regiment, at the Beginning of the Revolution: He
has the Reputation of a very good Officer."
"Sir John Macleane said, "David Lyndsay was the
Person most likely to be entrusted by the E. of Middleton; he came away about the same Time with Frazer.
"He continued in the Secretary's Office till the Time
that he came away: He had the least Pretence of any
body for going for Scotland; for he had no Estate
there, and had a good Salary of 12 or 1400 Livres
per Annum for his Office, besides Perquisites.
"As to Mrs. Fox, Sir J. Macleane said, she had
formerly been a great Friend of the E. of Melfort's,
and was looked upon as One that had all the Secret
of his Correspondence in Engl'd, whose Agent she was.
"She lived some Time with the Lord Chief Justice
Herbert and the Lady Philips, and some others; but
they fell out, and parted, upon Occasion of my Lord
Melfort; she endeavouring to sustain his Interest after
his Disgrace. Then she lived in a Monastery for some
Time; and since that, in a Pension, at One Mrs. Conn's."
"She told Sir J. Macleane, "She had been piqued
at some ill Usage she had met with from the Lady
Melfort and Lady Perth; and, by making a Friendship with my Lady Middleton, she came at last to be
entirely trusted by my Lord and Lady Middleton."
"She pretended to Sir J. Macleane, "that she came
over about Law Business of her own;" but he believes
she comes entrusted and employed by the E. of Middleton. She being vain and passionate, he hoped to
have got the Matter out of her, but could not do it;
but she owned to Sir J. Macleane, "That she was
to return to France, when her Business was over;"
and gave as a Reason for that Pretence, "That she
could not live, where she must see her Husband live
with another Woman." She said to Sir J. Macleane,
"That they who were now in the Government here
were not inclined to use any Severity to those who
had been under Vexation before."
"The Lord Perth told Sir J. Macleane, "That the
Lord Middleton had employed Mrs. Fox, to inquire
about Sir J. Maclean's House, where Frazer lodged,
to learn what she could of him. After Frazer had
been with Lord Middleton, he asked Sir J. Macleane
to carry him to Mrs. Fox; but he declined it. There-
upon he applied himself to Jo. Murray, who brought
"Sir J. Macleane believed, that, as soon as the E.
of Middleton was acquainted with Frazer's Business,
Mrs. Fox knew of it.
"He said, "That, Mrs. Fox and the Lady Maclcane
being warm in Dispute together; Mrs. Fox said, in his
Hearing, "We laugh at your Highland Projects; my
Lord Middleton and I know more solid Things."
"Sir J. Macleane heard Mrs. Fox say, "That Peter
Cook had been sent over to France, and was sent back
again from thence."
"Being asked about the Four Lords named in the
Paper given in to the House by the E. of Nottingham,
who are therein mentioned to have desired to see
"He said, "He was told, by divers of King James's
Servants, that the Lord Montross had been at Fountainbleau for a Fortnight together, when King James
"That the Lord Perth, who is Uncle to the Lord
Hay, told him, "He had acquainted King James, that
the Lord Hay desired to see him; but King James
would not consent unto it, for it might do them
Harm, and would do King James no Good."
"Sir J. Macleane faith, "He never heard, or said,
that the Lord Roxburgh, or the Lord Seaton, desired to
see King James; nor did he ever see those Two Lords
but at Paris, during the Peace; but he heard some of
King James's Servants say, "That those Two Lords
took Occasion Once to go into the Field upon an
Hunting-day, which they apprehended might be with
an Intent to see King James."
"The Reason of his naming the Four Lords was
upon a general Question, asked him by the E. of
Nottingham, "Which of the Lords (amongst a great
many that he had named to have been at Paris,) were
thought to be disposed towards the Court of St. German's?"
"The E. of Errol Father to the Lord Hay, and
the E. of Wington Father to the Lord Seaton, are
thought, at St. German's, to be well affected; and so
is the Lord Sinclear."
"Sir J. Macleane has heard Bouchan say, "He had
Correspondence with the Lord Aberdeen, when he
was in The Highlands; the Lord Aberdeen is looked
upon, at St. German's, generally as well affected to
"Being asked, "If he knew that any Liberty had
been granted to People, to take the Oaths to this
"He said, "That, upon the Capitulation with the
Highlanders in 1692, when Terms were offered them
upon taking the Oath of Allegiance, one Captain
Minnis and Sir Geo. Berkeley were sent into France,
to know King James's Mind in that Particular. Minnis returned, with an Answer, "That the King said, He
would never order any body to swear; but that He
left every one to judge for himself what he could
best do, and to do as they thought fit." Minnis declared, "He understood this for a tacit Compliance."
He said, "He knew nothing of this Kind since that
"Being examined about the intercepted Gibberish
Letters; he said, "There was an Account at Paris,
from the Dutch Gazette, that such Letters had been
intercepted;" but he affirmed, "That he never knew
any Thing of them, or how to interpret them."
"Sir J. Macleane, being asked the Meaning of the
Paper, marked N° 5, which was given in to the House
by the E. of Nottingham, said, "It did contain the
Names of the Heads of the Clans, which Frazer named
to the French Ministers, as engaged with him, and for
whom he would answer, so far as Sir J. Macleane
could remember them; and the First Numbers put to
those Names, are the Numbers Frazer gave in, as
what they would bring into the Service.
"The 2d Numbers are not of Sir J. Maclean's setting down, nor does he know by whom they were set
down; nor does he think that Reducement is rightly
"Sir J. Macleane said, "He saw the Master of Oliphant at Paris, and looked upon him to be a Papist;
but does not know of what Religion he is. He saw
him at Paris Twice. He told Sir J. Macleane, "He
had Directions from his Father to return to Scotland,
and intended to go through the French Army in
Flanders." He says, "That Sir Alex'r Macleane wrote
him Word, that the Master of Oliphant came down to
the Army to pass into Holland; and he was recommended, by the D. of Berwick, to the Marshal
Villeroy, to have a safe Conduct to go to the D.
of Marlborough's Camp; and he went thither accordingly."
"Sir J. Macleane said, "There was no Intimacy between Sir Alexander Macleane and the Master of Oliphant; that Sir Alexander is a very prudent and cautious Man." And Sir J. Macleane said, "He was fully
persuaded, that he would not have used any Sort of
Freedom, in talking of any secret Design, or any
Thing he would not have had every body know, to
One he was so little acquainted with, or with One of
the Master of Oliphant's Character; who, by his indiscreet Talking, had like to have brought himself
into Trouble both at Paris and in the Army.
C. Lady Maclean's Examination.
"The Lady Macleane, being examined by the Committee, said, "She remembered a Discourse that was
between her and Mrs. Fox; and that Mrs. Fox said to
her, when Sir J. Macleane was present, "We laugh
at your Highland Projects; my Lord Middleton and I
know better Things;" or to that Effect."
"She said, "That Mrs. Fox, in her Discourse, was
used to despise all that could be done in Scotland;"
and to say, "That if any Thing considerable was
done, it must be done in England."
"Mrs. Fox used to say, "That she had great Friends
here in England, and that she feared nothing." She
used to say, "That King James had good Friends in
"My Lady Macleane said, "Mr. Frazer desired her
several Times to introduce him to Mrs. Fox; but she
refused to do it." She said, "The Reason of his desiring it, was in Hopes to be well with the E. of Middleton by her Means."
"She said, "She had seen Mrs. Fox several Times
very familiar with the Countess of Middleton; but she
has never seen her with the Earl of Middleton."
"The E. of Perth said, "Before the E. of Middleton was acquainted with Frazer's Business, that Mrs.
Fox was sent to be a Spy upon Frazer, and to observe
what he did; but, she says, she believes Mrs. Fox
knew of Frazer's Business, before Frazer himself was
introduced to her."
"The Lady Macleane has heard Mrs. Fox complain
of the Lord Melfort's Ingratitude to her, though she
was a great Support to him, by Means of her great
Friends in England; and that he had never done any
Thing for her, in recommending her to King James
or His Queen; and particularly, she mentioned One
Passage, which Mrs. Fox complained of, "That she
had given very considerable Intelligence from England
to the Lord Melfort, to be laid before King James in
her Name; and that the Lord Melfort gave an Account of it to King James, without naming her to
Him, which she took very ill."
"The Lady Macleane said, "That when they landed
at Folkston, and were giving in their Names to the
Mayor, that Mrs. Fox said, "Her Name was Foscue,"
or some such Name; and said, "She was the Lady
Macleane's Sister." The Lady Macleane asked, "Why
she said so, since it was not true?" Mrs. Fox said,
"Then she would say, she was Cousin to the Lady
Macleane; for she was desirous to pass for One of
Scotland, that she might have the Benefit of the Indemnity." The Lady Macleane saying, "That it would
be inquired into, and the Truth found out;" Mrs.
Fox said, "She was afraid to give her right Name of
Fox, because she had been named in Sir John Fenwick's Business, and she apprehended that would bring
her into Trouble."
D. Mr. Campbell's Examination.
"Mr. Campbell was examined several Times by the
"Being asked, "Who were the Persons in The Highlands, that he says, in the Beginning of his Narrative,
marked N° 2, were not necessary to be named?" He
answered, "That they were several little Gentlemen
of that Country, of the Name of Cambron and Macdonald; and that they were not particularly named to
him by Frazer."
"Being asked, "Who Captain Alex'r Macleane
was, who is mentioned in his Narrative?" He said,
"He was made a Knight in Ireland; and that he is
now in the French Army, a Captain in the Irish
"He said, "Frazer told him, that the Lord Drummond was engaged in the whole Affair of the Insurrection."
"He said, "Captain John Marray told him, during
the Session of Parliament, that he had seen the D.
of Gourdon, and the Earls of Errol and Marshall; but
he could not tell what to make of them, People were
so very cautious of saying any Thing while the Parliament was sitting."
"Being asked the Meaning of what is wrote in the
Margent of his Narrative, That as to Glengarie's being sent, he discovered that to be false, he going strait
to the North, to his own House?"
"He said, "He meant no more, than that he discovered that he did not go directly from Edinburgh to
France, but that he went first into the North: But he
knows not where he now is, or has been since he left
Edinburgh; nor knows not but that he did go into
France." Mr. Tucker came to him, and said, "He was
come to add to his Paper, what he had said to the
Lords;" and thereupon he added that Marginal Note.
"Frazer told him, "The Lord Cromarty had a Person at Paris, who corresponded with the Court at St.
German's; his Name was Mackinny, whom he represented as a Spy to Monsieur D'Torcy, and got him
into The Bastile."
"Campbell said, "He came Post to Town in October
last, in Expectation of having a Company by the
Favour of the E. of Cromarty, being recommended
to him by the E. of Bredalbain and Arbuthnot."
"Being asked, "Who Captain Morhar, that is often
named in his Narrative, was?" He said, "He meant
Captain James Murray; and that he observed the Mistake upon the reading the Narrative, and told the
E. of Nottingham of it. It was by the Mistake of
Mr. Tucker, who wrote his Narrative for him by the
Lords Order." This James Murray is Stanhope's Brother. Frazer told him, "That James Murray was in
the Interest of D. Hamilton and the D. of Athol; but
he never spoke with him himself."
"Being examined as to Clarke; he said, "Clarke
himself told him of all Frazer's Designs; and he heard
Frazer and Clarke talk together of the whole Affair;
and Clarke was looked upon as a Man fit to be trusted
in all Things."
"He also said, "He shewed the Commission, as well
as the Picture, to Clarke." He says, "Frazer told him,
that it was Clarke who got the Case of the Picture engraved for him." Clarke said, "The sooner the King
comes, the better."
"He also said, "That Keith and Frazer advised together of the whole Matter. He found, by their Discourse, that Frazer had made Keyth acquainted with
the Design, before he went into Scotland."
"It was Frazer told him, "that Keyth was an Enemy
to the D. of Queensberry." Campbell said, "That
as soon as he was examined about the Pass, he began
to suspect Keyth." He said, "That Frazer trusted
"He being asked, "If Frazer knew of Keyth's Acquaintance with the D. of Athol; and if so, how he
came to trust him so much?" Campbell said, "That
Frazer did know of Keyth's depending upon the D.
of Athol; and that he hoped to be Secretary Depute
by the Duke's Means, which Keyth told both to himself and to Frazer: But Keyth made Frazer believe,
he loved Frazer better than the D. of Athol; and
Frazer thought by his Means to know all that Athol
"Frazer did not only tell Keyth of the Highland Affair, and of all his Business Abroad; but also told
him, "That the D. of Queensberry was to procure a
Pass for him." Keyth's Scheme, which he shewed
Campbell, wherein Notice was taken of the D. of
Marlborough's and the Lord Treasurer's Design to
bubble Perth and Middleton, was written with an Intent to prevent that Design of theirs; and therein he
said, "That he thought the most effectual Means to do
it was, to send the young King into Scotland."
"Keyth told Campbell, "That he shewed Frazer the
Paper." But Keyth said, "It was not so perfect at that
Time; but he told Frazer, that his Opinion was,
that Frazer should not enter into the Business of
Scotland, unless King James came in Person."
"Campbell being asked, "Where Frazer's Instructions
were?" He said, "They were left with Tom Frazer,
to be shewed up and down in The Highlands; he had
seen those Instructions; and that by them, Frazer had
Power to renew all the Commissions formerly sent by
King James, when he was in Ireland, to the Highlanders, if he saw Occasion. There was also in them,
a Promise and Assurance, that the Highlanders should
be supported with Men, Arms, and Money."
"Campbell said, "That, after he had been examined
about the Pass, he thought it necessary to see Ferguson, with whom Frazer had advised him to consult on
all Occasions, as being very intelligent; though he
cautioned him not to trust him too far, because, he
said, he knew he had a Pension from St. German's;
and he did not know but he might have a Pension
from the Court here. Thereupon he spoke to Clarke,
"to appoint Ferguson to meet him at The Vine Taverne,
in Holborne, in order to advise with him, how he was
to act upon the present Occasion." Accordingly Camp-
bell, Clarke, and Ferguson, met at that Place; and
Ferguson told Campbell, "He would certainly be re-examined, and put in Custody; and therefore bid him
take Care of himself, for, if he was brought to a
Trial, Ferguson thought he would be in very great
Hazard." Campbell understood the Meaning of his
Discourse to be, that it was adviseable for him to
get out of the Way; and thereupon he said, "He did
not apprehend the Danger to be so great as Ferguson
"Ferguson told Clarke also, "That he would be put
into Custody." Clarke made Answer, "That he had
a Family, and would abide by it."
"Ferguson said, "It was discoursed, that Frazer was
gone into France, as a Spy for the D. of Queensberry; and that, if that was so, Frazer would be certainly put into The Bastile. And then he proceeded to
insinuate to Campbell, "that it was his wisest Way
to strike in with the D. of Athol; for that, Frazer
being a Spy for the D. of Queensberry, and the
D. of Queensberry not so well affected to the Interest
of St. German's as the D. of Athol was, it would be
better for him to join with Athol."
"Campbell said, "He could not remember his very
Words; but that he expressed himself in such a Manner, that he found that to be his Meaning, and that
nothing else could be understood by what he said."
"He said, "The D. of Athol was more truly engaged
to that Interest they were engaged in, than the Duke
of Queensberry was."
"Campbell told Ferguson, "That he was upon too ill
Terms with the D. of Athol, to comply with that; and
that, if the D. of Athol sent for him, he would not go
"Campbell said, "Ferguson, Clarke, and he, met at The
Vine Twice; and their Discourse was to the same Effect
"Campbell said, "That, after he had been examined
about the Pass, he met the Lord Tullibardin at the
Earl of Cromartye's Office; and the Lord Tullybardin
told him, "His Father desired him to come to speak
with him; and that he would forgive Campbell for
getting Frazer's Pass, because he knew Frazer was of
Kin to him." He thinks this was about the Beginning
of December. The D. of Athol afterwards sent a Servant to Campbell, to desire Campbell to come to him;
but he declined it."
"The Committee shewed Campbell the intercepted
Letter, dated 24th February, as from Liege. He said,
"It was Frazer's Hand-writing; and that he believed
it came from Paris, though it was mentioned to come
"March 11th, 1704.
"Mr. Campbell, being farther examined as to Frazer's
Letter of the 24th February, said, "That, by the
Words my good Friend N, Frazer meant Captain Macloud, whose Christian Name is Neil.
"That by To. in the Letter, was intended Tom Frazer,
his Servant, who is employed in his Business in The
"Being asked, "What is meant by the Words in
the Letter, You tell me that K. betrayed me to A. and
now we hear of his Sufferings for me?" He said, "The
First Part related to the Letter Campbell wrote to Frazer, wherein he told Frazer, that Keyth had betrayed
him to the D. of Athol." And as to the latter Words,
that he believed some other body had sent Word to
Frazer, that Keyth was in Prison upon his Account;
and he could not but wonder, why the same Person
did not give him an Account of Campbell's own Imprisonment.
E. Mr. Keith's Examination.
"The Committee had Mr. Keyth before them; and
acquainted him with the Vote of the House, which
passed upon his Refusal to explain his Uncle's Letter;
and desired him to be more ingenuous. But he persisted in pretending that he could not tell the Meaning of the dark Expressions in the Letter.
"Being desired by the Committee to make a full
Discovery of his Knowledge, relating to the Conspiracy; and being told, "That no One, who read his
Narrative of the 3d of January, could believe he had
been ingenuous;" and also representing to him the
Danger he was in:
"He made Answer, "That he put all into his Narrative that he knew;" and frankly told the Committee,
"That what was against him, could amount to no more
than Misprision of Treason; and even that was impossible to be proved against him."
"He said, "About Five Days after he had been committed to Newgate, he proposed that he might be
brought before the Lords of the Committee of Council; and he was so; and he desired, "he might have
their Word of Honour, that nothing he should say,
should be made Use of against him:" That, the Day
after, he was brought before them again, and was
then told, "That the Queen had said, that what
he discovered should not turn to his Prejudice:" He
then told the Lords, "That a Friend of his, nearly
related to him, had given him an Account of the
Conspiracy; and that, if he had a Promise that that
One Person should be secure of his Life, he would
make a full Discovery of all that was told him; but
that he asked nothing for himself, for he was innocent."
"He said, "The next Day he was brought again
before the Lords; and was then told, "They were
allowed to let him know, that the Queen promised,
that the Person should have his Life;" and after that
Promise, he gave in his Narrative."
"Being asked, "What he had done towards bringing
his Uncle John Murray to surrender himself, or procuring him to be taken?" He said, "He wrote a Letter to his Uncle, advising him to come into England,
which he shewed to the Earl of Nottingham, who gave
it him back again; and he said, "That afterwards
he enclosed that Letter in a Letter to his Mother, and
gave it into the Post-house."
"Being asked, "If any body saw what he wrote to
his Mother, or if he had any Witness that the Letter
was delivered into the Post-office?" He said, "No."
"Being asked, "What was the Meaning of the Letter
he wrote to the E. of Nottingham, dated the 29th of
January, which denied what he had before owned in
his Narrative?" He said, "He went to the Earl of
Nottingham, and told him, That he heard he was to
be sent for to the House of Lords; and desired of him
to know, what he was to say to them." That the Earl
of Nottingham told him, "He should know when the
Papers were to be laid before the House;" and accordingly he had Notice of it: And that the Queen
had not thought fit to lay his Narrative before the
Lords at that Time; and thereupon he wrote that
Letter to the Earl of Nottingham, being what he said
upon his First Examination, as containing all that he
"He thought fit to deny to the Committee, that he
had received Frazer's Letter, directed to Hill, from
"The Committee sent again for Mr. Keyth, to shew
him the intercepted Letter, directed to him, by the
Name of Smith, at The Marine Coffee-house, dated
from his own House, the 22th February.
He said, "The Letter was the Hand-writing of a Brother of Captain John Murray's, whose Name is Robert
Murray: That he lived in Perthshire, about Twelve
Miles from Perth, at an House of his Wife's, called
Auchter Ardow; but that he had Lodgings in Edinburgh; and that he was bred a Lawyer." Keyth said,
"By his Comrade, in that Letter, he understands his
Uncle John Murray to be meant."
"Campbell having told the Committee, "That Mr.
Keyth had said to Frazer, and also to himself, that he
expected to be Secretary Depute of Scotland;" the
Committee asked him about that Matter: And Mr.
Keyth said, "That, by the Favour of the D. of Athol,
he had, about Four or Five Months since, a Promise
made to him, that, when the Affairs of Scotland were
regulated, he should be employed."
F. David's Lindsay's Examination.
"The Committee had David Lyndsay Twice before
"He said, "He left St. German's the First of June,
and took Shipping at Rotterdam, and landed at Leith
in Scotland." He owned, "that he had been Secretary
to the E. of Middleton; and that no other Person was
in that Employment at the Time he left St. German's."
"That his Salary was 1000 Livres a Year (besides
such small Perquisites as happened), which was continued till his coming away; and he acknowledged he
was in good Friendship with the Lord Middleton to
"That he was entitled to an Estate in Scotland, in
Right of his Wise, of about £. 60 per Annum; but
his Wife's Mother had the One Half of it during her
Life, and his Wife and Children lived on the other
Half; so that he had no Part of it returned to him into
"He said, "He came to lay Hold of the Indemnity,
and to see to get an Employment by the Help of his
"He procured Mr. Stanhope to write to Mr. Secretary Hedges, to know if he might pass through England, to go to Scotland; and Mr. Secretary wrote Word,
he might not."
"Being shewed the Paper, brought into the House by
the Earl of Nottingham as his Narrative, marked N°
9; and asked, "How he came to write such a Paper?"
He said, "He was directed, by the Lords of the Committee of the Council, to give an Account of what
had passed at St. German's, from the Time of the
Death of King James, till he left France."
"Being asked, "How he came to begin his Narrative
with what passed before the Death of King James?"
He answered, "That it was all he had to say; and
that there was no Fault found with him by the Lords
of the Council, for any Thing in his Paper."
"Being shewed Frazer's Commission, which he owned
to be counter-signed by the Earl of Middleton; and
asked, "How that could consist with what he had said
in his Narrative, of the Earl of Middleton's opposing
all Designs, and particularly that of Frazer's?" He
answered, "That he was not acquainted with that
"Being asked about the Three intercepted Gibberish
Letters, which were sent in a Cover, directed to him:
He said, "He knew nothing of them; and that there
was another Person of his Name; and that, if they
had come to his Hands, he could not tell to whom
they were to be delivered."
"He refused absolutely to give the Committee an
Account of any other Thing whatsoever, that had
passed during the Time of his being in France or in
"He said, "He did not know of any Correspondence that was kept by the Lord Middleton, either in
Scotland or in England, from the Time he went into
"He denied he was sent into England, to persuade
the Lord Middleton to go into France."
Lunæ 24° die Aprilis, 1704.
Hitherto examined by us,
"The Committee being informed, "That a Bill of
Indictment was found against David Lyndsay;" they
thought fit to send for him again, and acquaint him
with it, in order to make him sensible of his Condition; and asked him several Questions, in relation to
his Knowledge of the Conspiracy, and of Correspondence between France and Scotland and England, and
particularly in relation to the Gibberish Letters. But
he still continued obstinate, and refused to give the
Committee any Satisfaction."
G. Mrs. Fox's Examination.
"The Committee examined Mrs. Fox Twice.
"She said, "She went over into France, about
Twelve Years since, by the Earl of Nottingham's Pass;
and had never since been in England."
"She was asked several Questions, and charged in
particular with what was said against her by Sir J.
Macleane and others; but she behaved herself very
obstinately, and peremptorily, and refused to answer
any Thing materially."
H. Thomas Clark's Examination.
"The Committee had Thomas Clark before them.
"He said, "The First Time he saw Frazer, was in
June last; he then lay at Ipswich Arms, in Cullam
Street; he lay there about Ten Days. He sent for
Clark, to give him Physic.
"In October last, Frazer sent for him to The Hart's
Head, in Smithfield; and came back with him to lodge
at his House, and staid there about a Fortnight. The
Company that came to him were Keyth and Campbell, and Ferguson Once. Campbell gave Clark a Pass
for Frazer, which he carried to him to Graves End,
and had only his Charges borne. He received only
One Letter from Frazer, with Three Letters enclosed;
One for Hill, another for Ferguson, and a Third for
Campbell. Keyth called for the Letter directed to Hill,
which he delivered to him.
"Ferguson read Frazer's Letter to Clarke. He sent a
Letter from himself, One from Campbell, and another
from Ferguson, to Frazer. He acknowledged that he
met Ferguson and Campbell Twice, at The Vine Taverne
in Holborne; but would not own what was said there.
He owned he saw the Picture taken out of the Box,
but denied he saw the Commission.
"The Committee asked him several Questions, in relation to what was charged upon him by Campbell and
others; but he obstinately refused to own any Thing,
nor would make any Discovery of his Knowledge of
"The Committee sent for Mr. Corbusier.
I. Mr. Corbusier's Examination.
"He owned, "He had seen Frazer about Two or Three
Years since, upon Occasion of a Bill of Exchange.
"That he saw him again, about May or June last,
when he lodged at The Ipswich Arms, in Cullam Street;
and was with him several Times, upon Account of
Money and other Business: That, when Frazer returned out of Scotland, he lodged in Smithfield, where
Corbusier saw him, at Clark's Request.
"That afterwards Frazer came to lodge at Clark's
House, where Corbusier was several Times with him."
"He owned, "He saw Keyth with Frazer, before he
went to Scotland, in Cullam Street, Three or Four
Times, and saw them often together after Frazer's
coming back from Scotland; and that, for the most
Part, they discoursed privately between themselves;
but they did not talk before him of any Thing relating to the Plot."
"Corbusier would not own that, when he was in
their Company, he ever heard them discourse of Matters relating to any Design in Scotland; but said, "His
Business with them was only paying or returning of
Money; and their Talk before him was only on indifferent Subjects."
K. Capt. Meers' Examination.
"Captain Meers, being examined, owned himself to
be a Papist, and confessed he came out of France in
May last, where he had been for Ten Years: That
he came over in the Transport Ship to Harwich; he
telling Captain Gibson, "that he intended to take the
Benefit of the Act of Indemnity;" upon which he immediately took him on Board, without saying any
more to him, than, "If you will hazard yourself, I
will carry you over; but I will tell the Earl of Nottingham of it." He said, "He only gave Captain Gibson Two or Three Louis-d'ors for his Passage." He
said, "He was not stopt at Harwich; and that he
surrendered himself to the Earl of Nottingham the Day
after he came to Town." He said, "He had no settled
Pension in France; but the late King James gave him
Money at several Times.
"He said in Scotland for some Time after the Revolution, but was not engaged with the Highlanders. He
followed King James into France; but, being looked
upon as a great Friend of the Lord Melfort, who soon
fell into Disgrace, the Earl of Middleton would not
suffer him to have any Employment."
"He said, "He had about 100 Crowns given him,
for his Journey, some short Time before he came away.
He saw the Lord Perth about a Week before he came
away." He would not own any Knowledge of the Conspiracy; nor that he ever knew of any Design against
England, unless at the Time of the Calais Business;
and all that he knew of that was, that, One Night after
Supper, King James declared, "He was just going to
embark for England;" and that he was confident the
Government there knew nothing of the Design."
L. Mr. Patrick Oliphant's Examination.
"Mr. Patrick Oliphant, being examined, said, "He
turned Protestant before he went into France." Being
asked, "Why he went to France, after he had changed
his Religion?" He said, "He went thither to see the
Country, and to learn his Exercises." Being asked,
"Why he staid in France, after the War was declared?"
He did give no Account of it. He owned, "That he had
been with the Lord Perth and Lord Middleton, to desire their Protection; and that he saw the late Queen
at St. German's, and the King there, and kissed both
Their Hands; and that he had seen Sir John Maclean
and Sir Alexander Macleane, at Paris, several Times;"
but said, "He could remember nothing that had passed between them there, nor that had been done or
said in France by any body:" But he pretended to remember a Discourse that he had with Sir Alexand'r
Macleane, as he came through the French Army; and
referred himself to what is set down in his Deposition,
N° 4. Being asked, "What gave Occasion for that
Discourse between Sir Alexander Macleane and him?"
He said, "Nothing at all; but Sir Alexand'r Macleane began with saying, "That Frazer was a great
Rascal, and so was John Murray, for they had promised to come through Flanders, when they went to
Scotland;" and so he proceeded with the Discourse in
the said Deposition."
"He said, "He surrendered himself, when he came
to London, to the Lord Cromarty; and that he asked
him "If he were concerned in the Plot?" And he answered, "He was not."
M. Mr. Ogilshy's Examination.
"The Committee did send for Mr. Ogilby; who
had been formerly examined by them.
"He said, "He knew nothing relating to the Scottish
Conspiracy." He said, "He went to the Court of St.
German's, in May last, in order to get a Pass; but it was
refused to him, although Passes were granted to the other
Scottish Officers, at the same Time, to go for Scotland."
"He said, "He had several Times reflected on this
Refusal, since he has heard of the Plot in Scotland; and
he could never think of any Reason for it, but only
because he was not trusted with that Plot."
"He said, "He could not add any Thing material
to what he had owned upon his former Examination,
which has been already reported."
"He mentioned to the Committee some Things that
he was capable of doing for the Queen's Service, and
which he was willing to undertake; but, that not
being the proper Business of the Committee, the
Committee did not think proper to insert it in their
Report, unless the House be pleased to order it.
"Mr. Ogilby mentioned again, what he had said in his
former Examination, of one Mackensey, a Scottish Man,
who was sent for by Monsieur De Torcy, and forbidden
to go to St. German's any more; but it was discovered
that he went asterward privately to St. German's;
whereupon he was committed to The Bastile, where
he believed him to be a Prisoner still."
N. Sir Thomas Stewart's and Ferguson's Examinations.
"The House having been pleased to order (upon a
Motion from the Committee), "That Richard Boucher,
Jackson, and Sir Thomas Stewart, should
be taken into Custody;" and the Two former have hitherto absconded: And Sir Thomas Stewart was apprehended Two Days after the Order was issued; and,
being brought before the Committee, made great
Difficulties of saying any Thing at first; but afterwards he insisted, "That what he should say should not
hurt himself, nor any body he accused, in case they
ingenuously owned what he charged them with; and
that he should not be made Use of as a Witness, nor
his Confession used as Evidence at any Trial." The
Committee told him, "They had no Power of themselves to make any Engagement of that Sort; but they
promised to represent to the House of Lords what he
"Sir Thomas Stewart told the Committee, "He had
been acquainted with Major Boucher about Twelve
Months, with Ferguson since the Year 1692, and with
Jackson for some Time."
"Sir Thomas Stewart said several Things to the Committee, concerning Ferguson, Boucher, and Jackson; but
the Committee did not think it proper to set them
down here, because he afterwards delivered in a Pa-
per of his own drawing, in which he had set down
all that he had said before, which he affirmed to be
all he knew concerning them; which Paper is annexed, marked O.
"Sir Thomas Stewart was very confident, "that, if he
was confronted with Ferguson, Ferguson would own
all that he should charge him with; and, on the other
Hand, if he did not, then, Sir Thomas said, he would
make no farther Difficulty of declaring his Knowledge."
"The Lords of the Committee thereupon sent for
Mr. Ferguson; and examined him first alone, as to
what Correspondence he had with Frazer and others
concerned in the Conspiracy.
"Ferguson referred himself to what he had said in
his Narratives to the Cabinet Council.
"The Committee told him, "They should take no
Notice of those Narratives; but expected he should
give an Account what Correspondence he kept in
France." He denied he kept any.
"Being asked, "If he had not wrote to Frazer?"
He said, "Frazer was then in Holland, not in France."
He said, "Clarke, who brought Frazer's Letter to
him, would not deliver it to him, nor tell him from
whom it came, nor how to direct an Answer, unless
he would first promise to write to the Person: Which
at last he did; because, as he said, he was desirous
to know the Manner of the corresponding, in order
to discover it to the D. of Athol; being sensible that
there was some Design against the Queen, or some
other Person, on Foot."
"He said, "As soon as he knew how this Correspondence was, he sent one Mr. Mason to the Duke
of Athol, with an Account of it." Ferguson said, "He
saw Frazer but Once; and then Frazer told him, he
had been introduced to St. German's; but, Ferguson
said, he had forgot by whom."
"He said, "He saw Campbell Twice, and advised
him to tell all he knew."
"Being asked, "(If he meant the Preservation of
the Queen and Government by what he did), why he
did not stop Frazer while he was here?"
"He made Answer, "It would have signified little;
and he did not suspect him, till he was conveyed away
by a Pass, in a sham Name."
"Being thereupon told, "That he had owned before,
that he knew this Pass was obtained for him by a Secretary of State of Scotland;" and being thereupon
asked, "How he came to think ill of Frazer upon
that Account, or to suspect the Pass was not given by
the Privity of the English Secretary?"
"He only made Answer, "That, about a Week after
Frazer was gone, he knew the English Secretary was
not acquainted with it."
"Ferguson affirmed, "That Frazer never told him of
any Commissions he had from France, or to Scotland;
and that they never had any Discourse together about
Correspondence between France and Scotland, nor of
any Designs of Insurrections in The Highlands, or in
any other Place; but he pretended, that Frazer said,
"That he was under the Protection of the Duke of
Queensberry;" but said nothing of his other Business."
"He said, "He never had but One Letter from
"Being asked, "If he had not seen another Letter
that was intended for him?" He said, "He thought
"Thereupon the Committee produced a Copy of
that Letter, directed to Raphson; and asked him the
Meaning of the Expression in that Letter, that he
must begin his Journey to his Garrison?" He said, "He
supposed he meant St. German's."
"Being asked, "What was meant by General?"
He said, "He supposed the Prince of Wales was meant;
but he never made Use of that Expression to Frazer."
"Being asked, "What was meant by the Expression, that he would lay Ferguson's Demands before them, in the most advantageous Terms he could?"
"He pretended not to know, "unless Frazer meant
to involve him in a supposed Guilt; and he thought
that Men's Lives and Liberties did not depend upon
Construction and Supposition."
"The Committee reading to him that Part of the
Letter, wherein Frazer took Notice of the Advice
which Ferguson had written to him, "not to be transported to particular Resentments, in Prejudice of his
General's Interest:" He denied he had said any Thing
in his Letter, that might give Occasion for Frazer to
write to that Purpose.
"Being asked, "If he knew Captain Meers?" He
said, "Yes; and that he called to see him, the Day
after he had delivered himself to the Secretary."
"Being asked, "If he did not see him before he surrendered himself?" (which Sir Thomas Stewart had
affirmed to the Committee) He said, "He could
not tell; but he was sure that, if he had, he persuaded him to surrender himself." He said, "Meers
advised with him, if he could not have the Benefit
of the Indemnity in Scotland, without going thither;
and Ferguson told him, "He could not."
"Being asked, "If he had not endeavoured to procure a Pardon for Clarke;" (which was also mentioned
to the Committee by Sir Thomas Stewart) He said,
"Clarke was a poor weak Creature, and, as he believed, did not know the Danger of these Things;
and therefore, having made Use of him to get Light
into the Correspondence, he thought it became him
to endeavour to get his Pardon; for his Part, he did
not inquire into Clark's Principles."
"He owned, "He knew Jackson and Boucher; Jackson
he met at the Coffee-house; Boucher was his near Neighbour; but he never talked with them about Business."
"Ferguson refusing to own any Thing; the Committee sent for Sir Thomas Stewart, to confront him,
according to his own Proposal.
"Sir Thomas, when called in, put Ferguson in Mind,
that he had said, "He had been a great Rebel, but
never had been a Traitor;" and advised him to persist
in that Resolution, in Respect to the Queen, by telling
the Lords his Knowledge.
"Sir Thomas Stewart then said to the Effect of what is
set down in his Paper, relating to Sir John Maclean's
Letter to Sir Æneas Mackferson, and what Ferguson
had said thereupon, as to the giving Notice of it at
"Ferguson, at first, said, "He remembered nothing
of it." Afterwards he said, "He might perhaps
say, that it was likely Care would be taken to give
Notice of it at St. German's."
"Ferguson owned, "He believed he might tell Sir
Thomas Stewart, that he had procured Letters of
Frazer's to be taken; and that he had informed the
Lord Nottingham where Papers were lodged; and
that by his Means those Papers were seized."
"He said, "He believed he might tell Sir Thomas
Stewart, that it was odd to let Frazer go about with
a Commission from King James in one Hand, and the
First Minister's Pass in the other; so that he made
Use of the Pass to carry him from one Place to ano-
ther, in order to make Use of the Commission to
"Upon this, Sir Thomas Stewart fell into great
Compliments to Ferguson, in order to prevail with
him to be ingenuous. He put Ferguson in Mind of
his having often said, "That if King James came
back, he would put a Rope about his Neck, and fall
down at His Feet to ask His Pardon;" and advised him
now, that they Two should join, and both together
fall down in the same Manner at the Queen's Feet,
and beg Her Pardon, and deserve it by an ingenuous
Confession. But Ferguson being too obstinate to be
prevailed upon, and Sir Thomas Stewart only proceeding in the same Way, and declining to go on to
say farther what he knew of Ferguson, which he had
before told the Committee he would say to his Face,
the Committee sent them both away; requiring Sir
Thomas Stewart to set down, in Writing, what he
had more to say relating to the Conspiracy; which
he afterwards did, and is contained in the Paper following, marked O:
O Sir T. Stewart's Paper.
"I do affirm, that Mr. Robert Ferguson does know
that Mr. Frazer did make such Interest with the
Pope's Nuncio in France, or by some others at the
Court of St. German's, in Concert with the Nuncio, as
to get himself recommended and introduced to the
French King and His Court; and that the Nuncio, by
himself, or in Concert, as aforesaid, did prevail with
the King to order one or other of His Ministers, or
some other about His Court, to cause to be given to
Frazer 3000 Livres, or Louis-d'Ors, which of the
Two I do not remember; and that afterwards it was
agreed between the Two Courts of Versaills and St.
German's, by Intervention of the Nuncio, or some
others of the Court of St. German's, that Frazer
alone, or some others in Conjunction with him,
should be entrusted with Commissions, Credentials,
Instructions, or with some such like Power and Authority, to go into Scotland, and feel the Pulse of the
Kingdom, how they are inclined and disposed towards
joining what Forces they could with such Troops
and Forces as the French King should send thither,
with all Sorts of necessary Warlike Stores and Ammunitions; and from thence to return, and make
Report to the French King and the Court of St.
German's, betwixt (fn. *) and such a limited Time, or as
soon as he could, of the Success of that his Negotiation: And that, pursuant to those Measures concerted between the Two Courts, Mr. Ferguson does
know, that Frazer did repair into Scotland last Summer, and went into The Highlands through Argyleshire, as I suppose he has heard; and there did use
his utmost Endeavours to meet and converse with
such of the Heads and Chiefs of the respective Clans,
and whom other he could get there, to engage, conformable to the Commissions, Credentials, Instructions, or some such like Power and Authority, Frazer
had from the Court of France. And I do vouch,
that the said Mr. Ferguson does know that Frazer returned from Scotland, into London, about the Beginning of last Winter; and that he did meet and converse with the said Frazer some Weeks, or thereabouts, before his Departure from hence; and that
Frazer did tell the said Mr. Ferguson what is but now
mentioned, at least the Substance of it. And I do
say, that Mr. Ferguson did ask Frazer, "How he
durst venture to go into Scotland, where he stands
convicted of heinous Crimes; and that a Commission
of Fire and Sword (as it runs in the Style of that
Kingdom) was issued, to apprehend and seize him,
dead or alive; and that, on account of these odious
Crimes, he had made himself justly obnoxious to the
utmost Resentment of several Great Men there, and
to that of their Friends and Families?" Whereunto
Frazer answered, "That he had as many great Men
and Families in Scotland, who would be his Friends, as
those who were his Enemies:" And that Mr. Ferguson knows, that in some short Time afterwards, it
was talked about the Town, "That Frazer had procured a Pass, or Passes, for going beyond Sea, by
the Way of Holland, under seigned Names, for himself and some others; particularly for One that went
by the Name of Major Monrowe (who, as it was said,
did come from France with him); as also for a Brother and Servant of Frazer's;" under Covert of which
Pass, or Passes, Mr. Ferguson knows, that Frazer and
his Companions went accordingly into Holland, in
their Way to France, to make Report to the Two
Courts what Success he had met with in Scotland,
and especially in The Highlands thereof; and that
Mr. Frazer has writ several Letters from Holland
hither, under false Names; and, I suppose, Mr. Ferguson knows to whom some of those were directed
and addressed. And I affirm, that Mr. Ferguson did
regret, that the Court of St. German's, or any Person
there, should have had any Hand in reposing such a
Trust in so ill a Man as Frazer; and when it was
suggested to him, "That such a treacherous Conduct
should be made known to the Court of France," he
answered, "That Care would be taken for so doing;"
or Words to that Effect and Purpose; the greatest
Part of all which, in Substance, I believe Mr. Ferguson does know.
"In the Months of November, December, January,
and February, in the Years 1702 and 1703 last past,
I did see and hear Sir Æneas Mackferson read several
Letters, at divers Times, in the Quarter of Lincolne's
Inn next to Chancery Lane, and in Spring Garden, or
near to it; which, he said, came from Sir John Macleane, who was then at St. German's in France, as Sir
Æneas told me; in several of which Letters, Sir John
writes to Sir Æneas, with utmost and repeated Earnestness, "That he would employ all the Interest he
had here, to obtain License, of the Queen, for him
to come over into England;" and that, in divers of
these Letters that Sir Æneas read in my Hearing,
were Sentences or Expressions to the following Effect
and Purpose: "That those there (videlicet, at St.
German's) were now come to that seeming Resolution, as to pretend to put little or no Value upon
Scotland, or the People thereof; for they made Account to do their Business otherwise." I do not
think, or remember, that England was so much as
hinted in any of these Letters. There were likewise
contained, in several of them, Sentences and Expressions in Irish and the Highland Language, as Sir
Æneas did affirm to me: Upon which I told him, "I
did not understand that Language;" whereunto he
made no Answer, nor did I in the least desire him to
explain the Meaning thereof. And I do affirm,
that Sir Æneas has a just and true Copy of what I
wrote to Sir John about the Beginning of the last
Spring, which he read in my Hearing. In some few
Days after, I delivered him the Principal; which was
sent to Sir John, as Sir Æneas told me. This is the
Substance, to the best of my Memory and Knowledge,
of what, Sir Æneas said to me, was contained in the
aforesaid Letters. And it being told to Mr. Robert
Ferguson, the Substance of what is above recited, as
to the Contents of these Letters, and how hurtful
they might prove to the Interest of St. German's; it
was insinuated to the said Mr. Ferguson, "That Advice thereof might be sent thither, but with great
Caution, that Sir John Macleane might not be
brought to suffer thereby at that Court, he being
the best able to explain and give the true Meaning
of what he wrote, and that without Prejudice to