BHO

House of Lords Journal Volume 17: 6 February 1704

Pages 398-421

Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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In this section

DIE Martis, 8 Februarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Worcestr.
Epus. Sarum.
Epus. Cestr.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Lincoln.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor.
Epus. St. Asaph.
Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Comes Pembroke, Prses.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Newcastle.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Kent.
Comes Derby.
Comes Bridgewater.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Feversham.
Comes Radnor.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Wharton.
Ds. Paget.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Grey W.
Ds. Lovelace.
Ds. Poulett.
Ds. Mohun.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley.
Ds. Craven.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.
Ds. Granville.
Ds. Gernsey.
Ds. Gower.
Ds. Conway.
Ds. Harvey.

PRAYERS.

Admiralty Papers delivered.

Mr. Burchet, Secretary to the Admiralty, attending at the Door, was called in; and, at the Bar, delivered several Papers from the Admiralty; (videlicet,)

1. "A List of Her Majesty's Ships in Sea Service, the 1st of November 1703, with their Complements of Men, and how they were employed."

2. "Ditto, on the First of February 170 3/4."

3. "Copy of a Letter from the Principal Officers and Commissioners of the Navy, giving an Account of what Orders they have sent, towards satisfying the House of Peers, in the present State of the Repair of the Navy in Harbour; and for how many Ships, from the First to the Fifth Rate, they have Boatswains and Carpenters Stores for Eight Months."

4. "Distribution of Victuals, at the several Ports, for the Year 1694, according to the Declaration."

5. "Copy of the Memorial presented to His Majesty, the 1st of November 1699, by the then Lords Commissioners of the Admiralty, touching the Navy."

6. "Vice Admiral Greydon's Orders and Instructions, from the Admiralty; with the Numbers of Ships, Rates, and Complements, under his Command, on his Expedition to The West Indies; (videlicet,)

N 1st. "February 20th, 1702/3. General Instructions to him, for the Expedition to The West Indies."

2. "February 20th. Instructions to him how to proceed from hence to the Squadron in The West Indies, with the Number of Ships he sailed with from Plimouth into The Soundings."

3. "2 March. To take some additional Strength with him 150 Leagues into the Sea."

4. "8th March. To send The Sheerness from Plimouth to Spithead."

7. "Sir Cloudesley Shovell's Orders and Instructions, for his late Expedition to The Streights; with the Number of Ships, Rates, and Complements of Men, under his Command; videlicet,

N 1. "8th May 1703. General Instructions for his proceeding to The Streights, with a List of the Ships."

2. "18th May. To sail in Company of the Dutch, so soon as ready."

3. "18th May. To inform himself, and send Home an Account, of the Enemy's Naval Preparations."

4. "19th May. With an Alteration of the Ships of his Squadron, upon several of those that were first designed, their being with Sir George Rooke."

5. "31st May. To sail with no more than Five Months Provisions."

6. "7th June. Adding Five Ships to the English Squadron, if the Dutch would make up their Quota 15; otherwise to leave them for Service in The Channel."

7. "7th June. To take the said Five additional Ships with him, although the Dutch did not make up their Number 15."

8. "7th June, 1703. Empowering him to call at Lisbon with the Dutch, or to send Part of his Squadron thither."

9. "8th June. To take The Tartar under his Command, in Addition to his Squadron."

10. "17th June. Empowering him to take some Ships with him in room of others, if not in a Condition for the Expedition."

11. "22d June. To take The Litchfield and Winchester under his Command, in Addition to his Squadron."

12. "29th June. To take Eight Ships more, in Addition to his Squadron; but not to stay for them if not ready, but to leave Orders for their following him."

13. "30th July. A List of the Names of Ships and Vessels that were at this Time with Sir Cloudesley Shovell in Cascales Bay, besides the 12 Dutch Ships of War, and their small Frigates, Fire-ships, &c."

Dover Harbour Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term of Years granted by an Act, passed in the Session of Parliament held in the Eleventh and Twelfth Year of the Reign of King William the Third, for the Repair of Dover Harbour."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Dux Devonshire, Senescallus.
Dux Somerset.
Dux Northumberland.
Comes Lindsey, Magnus Camerarius.
Comes Derby.
Comes Bridgewater.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Feversham.
Comes Rochester.
Comes Torrington.
Comes Scarbrough.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Epus. London.
Epus. Lincoln.
Epus. Oxon.
Epus. Bangor.
Epus. St. Asaph.
Ds. Bergevenny.
Ds. Ferrers.
Ds. Wharton.
Ds. Paget.
Ds. Grey W.
Ds. Mohun.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley.
Ds. Dartmouth.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. (fn. 1) Herbert.
Ds. Haversham.
Ds. Weston.
Ds. Sommers.
Ds. Halifax.
Ds. Granville.
Ds. Gernsey.
Ds. Gower.
Ds. Hervey.

Their Lordships, or any Five of them; to meet on Thursday the Four and Twentieth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Halsey and others:

Who brought up a Bill, intituled, "An Act to charge the Estate of Ambrose Andrews Gentleman with Monies for Payment of Debts; and for supplying some Defects in the Settlement of the said Estate, for making a Jointure and Leases upon the said Estate;" to which they desire the Concurrence of this House.

Inhabitants of Gloucester versus Royston and Caxton Highways Bill.

Upon reading the Petition of the Gentlemen and Landholders of Dudston and King's Barton, and of the several Parishes leading from Birdlip to Gloucester, in the County of Gloucester; praying to be heard, by their Counsel, against a Clause, or Clauses, in the Bill, intituled, "An Act for repairing the Highways between Royston and Caxton, in the County of Cambridge, (fn. 2) and for the better enforcing the repairing the Highway from Birdlip, and the Top of Crickly Hill, in the County of Gloucester, to the City of Gloucester:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, as desired, on Tuesday the Two and Twentieth Day of this Instant February, at Ten a Clock in the Forenoon, before the Second Reading of the said Bill.

Worcester Workhouse Bill.

The Lord Sommers reported from the Lords Committees, the Bill, intituled, "An Act for the erecting a Workhouse in the City of Worcester, and for setting the Poor on Work there," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3a vice lecta est Billa, intituled, "An Act for the erecting a Workhouse in the City of Worcester, and for setting the Poor on Work there."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made therein.

Packer's Petition withdrawn.

The House being this Day moved, "That Philip Packer Esquire might have Leave to withdraw his Petition, delivered to this House the Fifth Instant:"

It is ORDERED, That the Petitioner hath hereby Leave to withdraw his Petition, as desired.

Monke versus E. Bath's Bill.

Upon reading the Petition of Henry Monke Esquire; praying to be heard, by his Counsel, against the Bill, intituled, "An Act for enabling Trustees to lease the Estate of William Henry Earl of Bathe, during his Minority; and the Money raised thereby, to be applied for Payment of Debts, Annuities, and Legacies:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by his Counsel, as desired, on Friday next, at Twelve a Clock.

Carey's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for vesting the Manor of Yeovilton, in the County of Somerset, and other Lands therein mentioned, of William Cary Esquire, in Trustees, for discharging Incumbrances, and making Provision for his Younger Children," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Then, it being proposed, "That the said Bill be engrossed;" and a Debate arising thereupon:

It is ORDERED, That the said Bill be re-committed to the same Committee as before; who are to meet on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Grahme and others:

Who brought up a Bill, intituled, "An Act to vest Part of the Estate of Sir Christopher Philipson Knight in Trustees, to be sold, for Payment of Debts; and for charging Part thereof with Maintenance for a Daughter, who is a Lunatic;" to which they desire the Concurrence of this House.

Sir John Astley's Bill.

The Earl of Peterborow reported from the Lord Committees, the Bill, intituled, "An Act to enable Sir John Astley Baronet to make a Settlement, upon his Marriage, during his Minority; and to enable him to buy in any Rent Charge, or other Incumbrance upon his Estate," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Gresham College, &c. Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee again, upon the Bill, intituled, "An Act for the better enabling the Mayor, Commonalty and Citizens of London, and the Wardens and Commonalty of the Mystery of Mercers of the said City of London, and the Lecturers of Gresham Colledge in the said City, to pay the Charities given by the last Will and Testament of Sir Thomas Gresham," on Saturday the Twelfth Day of this Instant February, at Eleven a Clock in the Forenoon.

Scottish Conspiracy, Papers relative to.

This Day (pursuant to the Order of the Third Instant) the Papers delivered into this House relating to the Scottish Conspiracy were opened; and those delivered in the 29th of January last were read, as follow:

"An Account of the Conspiracy in Scotland.

"The Earl of Nottingham had an Account of some Designs of an Insurrection in Scotland, to be supported with Money, Arms, and Men, from France; with which he acquainted Her Majesty; who, having received some Informations of the like Kind from the Duke of Queensberry, commanded him to communicate these Matters to his Grace, that, by comparing them together, Her Majesty might the better judge of them. This the said Earl did; and his Grace said, "The Accounts he had received were much of the same Kind;" and added, "that his Informer was come from France, but his Name he was obliged to conceal, and was so forward and zealous in doing Service to Her Majesty, that he was willing to go again into France, and to send from Time to Time, or even to bring, Intelligence of the further Progress of the French Designs, with which he was sure he should be trusted as he had been formerly." And his Grace said, "He accordingly designed to send him;" which the Earl of Nottingham approved; and acquainted Her Majesty with this Conversation with the Duke of Queensberry.

Nov. 10. 1703.

The Earl of Nottingham had an Account, that Sir John Macleane, with others, were in Custody at Folkston, as coming out of France without Leave; and the same Day the said Earl had a Letter, as had also the Earl of Cromerty, from Sir John Macleane, "that, at his landing, he had surrendered himself; and desiring that he might be brought before the Earl of Nottingham, to give Account of his coming;" and that he intended so to do, appears by a Letter from Monsieur Pigault to the Mayor of Folkston, N1.

Sir John Macleane, with the others, was sent for in Custody, and examined by the Earl of Nottingham; who at first gave an Account, "That he had long desired to come Home, and had often asked Leave by his Friends without Success; but that now, hearing of the Indemnity granted by the Queen to Her Scottish Subjects, he gladly laid Hold of it; being weary of the Hardships he endured in France, where he could not subsist on his Allowance; and he had never had any Post either in Court or Army; and he resolved to live quietly at Home, in Hopes of some Favour from Her Majesty, in Consideration of the Sufferings of his Family for their Loyalty."

But being told, "That though this was a very specious Representation of his Case, yet it was impossible to believe that this was all, or the true Design of his coming, for he had delayed coming many Months after he knew of the Indemnity; for which indeed he pretended Sickness, and that now he came in so much Haste, that he brought his Wife who had lain in but Eleven Days; that an English Fisher-boat had been discharged by Order of the Court of France, a Thing never done before, without Ransom or Exchange, on Purpose to bring him to England, as appears by Pigault's Letter, N 2, to John Jordan; and by the Affidavit of Emptidge, the Master of the Vessel, N 3."

"And being further told, "That, however indemnified he might be in Scotland, he was still liable to the Act of Parliament in England, which made it Treason to come hither; and that he must expect the Rigour of the Law, being so justly, from the above-mentioned Circumstances, to be suspected of ill Designs;" he at last said, "He would tell the Earl of Nottingham all he knew, upon Assurance of his Pardon, and being treated like a Gentleman, so as not to be required to appear in Public as an Evidence against any Person." Of which, by the Queen's Order, he being assured, he then told the Earl of Nottingham the Things mentioned in the Paper N 4. And afterwards, upon a further Examination, he recollected the Names of the Persons, and the Men they could bring into the Field, which Lovat, alias Frazer, reckoned upon, when he gave Account to the Court of France of the Scots Readiness to rise if the French would support them. And this he put into Writing, N 5.

Note, That Frazer'sTransactions with the Duke of Queensberry are more fully contained in the Papers N 14, 15.

"The Queen commanded the Earl of Nottingham to acquaint the Duke of Queensberry with what Sir John Macleane had discovered; who thereupon told the said Earl, "That this Frazer was the Man who had disclosed to his Grace some Matters of this Nature, with which he had acquainted the Queen; but he had not told Her Majesty the Person's Name, being under a solemn Engagement to conceal it: That this Frazer was brought to him by the late Duke of Argyle and the Earl of Leven, who were privy to all his Proceedings with him: That Frazer was gone to France, and had promised to send his Grace an Account of all the French Designs, and would come back whenever any Thing of Moment happened, or that his Grace should require him." Whereupon the Duke of Queensberry was desired to call him back, for he was more likely to do Harm than Good by any Intelligence that could be expected from so ill a Man.

"Afterwards, the Duke of Athol having got Information that the Duke of Queensberry had some Communication with Frazer in Scotland, and that Frazer was gone into Holland by a Pass under feigned Names, he asked the Earl of Nottingham, "Whether he had not granted a Pass, about the 13th of November, to Campbell, Monroc, Dickenson, and Forbes?" Which, upon Search, the said Earl found he had, and at the Desire of the Duke of Queensberry. And then the Duke of Athol told the said Earl, "That Frazer was gone by virtue of that Pass; that, while he was here, he lodged at the House of Thomas Clarke, an Apothecary, who had received the Pass from Mr. Campbell, and carried it the same Day to Frazer, who was gone that Morning to Gravesend." And, upon Inquiry of the Duke of Queensberry, the said Earl found that Frazer did go away under One of those Names.

"Upon this, the Earl of Nottingham sent for Mr. Campbell and Thomas Clarke; which last, upon his First Examination, would own no more than what is contained in his Affidavit N 6.

"But the Duke of Athol having told the Earl of Nottingham the Ways by which Letters were conveyed to and from Frazer, and by that Means the said Earl having intercepted several Packets from Frazer directed to Thomas Clarke:

"Clarke was again examined; and then owned, "That he had a Letter from Holland, subscribed Smeaton, which he burnt; and enclosed in that Letter were Two directed to Mr. Campbell and Mr. Hill, who both called for their Letters; that he had sent a Letter from Mr. Campbell, directed to Smeaton, under a Cover to Neerinx, at Rotterdam, which were the Directions sent him by Smeaton in the Letter he received from him." And further said, "That the Person called Uncle in One of Smeaton's Letters is Mr. Ferguson." He denied he ever had any Letters for others than Campbell and Hill; but afterwards, upon another Examination, he owned he had sent One from Ferguson to Smeaton.

"And, upon a Third Examination, he described the Person who came for the Letter directed to Hill to be a thin Man, and to be the Person himself meant by Hill. And Mr. Campbell having said, "that Clarke told him he had a Letter for Mr. Keith;" Clark afterwards owned, that he had delivered the Letter directed for Hill to Mr. Keith, and avowed it to Keith's Face when they were confronted, and that he had seen Mr. Keith Once or Twice with the Captain (for so he said Frazer was always called); but denied that he ever saw any other Person with him at the same Time that Keith was there.

N. B. Lindsay says, it is the pretended Prince of Wale's Hand, and also Lord Middleton's; and that the Commission is in the Handwriting of Nairn, Clerk to the Lord Caroll.

"To proceed in what relates to Clark. Campbell said, "That Frazer assured him, that he had told Clark all Designs with the Court of France; that Campbell himself had delivered to Clark Frazer's Commission, signed J. R. together with the Picture of the pretended Prince of Wales, sealed up; but he told Clark what was under that Cover." Clark denied he knew of any such Commission; whereupon Campbell writ a Letter to Clark, N 7, to deliver to the Earl of Nottingham the Commission he left with him. Clark owned he had received a Packet, but knew not what was contained in it; and being weighty, he did not carry it Home, but gave it to one Thompson a Pike-maker; who, being sent for, brought the Packet, and made Oath he received it from Clark; and in this Packet was a Commission to Lovat to be a Colonel, signed James R. and counter-signed Middleton, and dated February 1703, and the Picture of the pretended Prince of Wales; and Campbell again declared to Clark, being confronted, "That he had told Clark both of the Commission and Picture, upon the Delivery of the Packet to him."

"Clark is committed, for High Treason, to The Gatehouse.

The Copy of this is marked N 16.

"Mr. Campbell being sent for, and examined about the Pass beforementioned, he owned, "he had come for it by the Duke of Queensberry's Orders; that Frazer was gone with a Design to do Service to the Government, by giving and bringing Intelligence of the French Designs." But not giving any Account that was satisfactory of his Transactions with Frazer here, he was detained in a Messenger's Hands, in order to a farther Examination; and afterwards, the beforementioned Letters being intercepted, of which several were directed to him, he owned, "that Frazer had bid him to write to him by the Name of Smeaton, under Cover to Neerinx; and that he had writ One Letter so addressed, by the Duke of Queensberry's Order, to stay at Rotterdam for the Duke's farther Directions; but denied he had ever received any Letter from Frazer before he came first to the Earl of Nottingham; that he communicated all this to the Duke of Queensberry; that he afterwards writ a Second Letter, which he sent by Clark, to tell Frazer that Sir John Macleane was come." He said, "He had received a Letter by Clark from Frazer, with one enclosed to the Duke of Queensberry, which he delivered." But, being asked for the Letter, he said, "He had burnt it, because it contained Reflections on great Men." And being asked, "If He had shewn it to the Duke of Queensberry?" He answered, "No; but he had told him, it was about Money; that Lovat had writ for the Payment of it; and that the Money which Frazer had, was returned by Corbusier." He said, "That whenever he spoke of Frazer to Clark, he called him Smeaton; and that he had seen Clark, Keith, and Ferguson, in Frazer's Company, but not at a Time; but he never told the Duke of Queensberry, that he had met these Persons with Frazer; and he owned a Copy of a Letter he had writ to Frazer, N 7, to tell him all was discovered here, which, he said, he did, because Frazer should take Care of himself in France, lest he should be destroyed; but, in the same Letter, he ordered Frazer to change the Address of his Letters."

"After this, he was again called for, and examined; having desired that the Duke of Queensberry and Lord Cromerty might be present; and, after having asked, "Whether he should have his Life and Liberty here and in Scotland, if he ingenuously discovered all?" and being assured, by the Lords present, "that they would so intercede with the Queen, that he need not doubt of it;" he gave a large Account of his Transactions with Frazer, and of Frazer's Designs and Actions; which need not be specified, because, being by Her Majesty's Command assured of his Pardon, he put all into Writing, and signed and made Oath of the Truth of it, which is marked N 8.

"He was afterwards asked some Questions, Part of which are mentioned before in the Account of Clark's Case, others will be mentioned in the Case of Keith; besides which, he was asked by the Duke of Athol, "What Frazer had told him, that Frazer had told to the Duke of Queensberry?" To which Campbell answered, "That Frazer said, he had told the Duke of Queensberry, that Duke Hamilton and Duke Athol had Correspondence with the Court of St. Germain's."

"Mr. Keith, upon all his Examinations, has so positively denied every Thing that was laid to his Charge, even when confronted with Campbell and Clark, that 'tis needless to do more than to set down what is charged upon him; videlicet, what is contained in Campbell's Information; and Mr. Ferguson charges him with having had Conversation with Frazer here, before he went last into Scotland; and Campbell says so too; and "that, when he first saw them together, they discoursed as if they had been well acquainted."

"That he received a Letter from Smeaton, directed to him by the Name of Hill; which Clark said he called for, and Clark gave it to him; and among the intercepted Letters, some are directed in like Manner to Hill.

"That Campbell says, "Lovat told Keith all which he had been transacting in Scotland, which Keith seemed to approve.

"And that Keith and he had been several Times in Company with Lovat;" which also Clark says, Keith had been with Lovat Once or Twice.

"He bought Three Watches, and gave them to Lovat to carry to France.

"Keith is in Newgate for High Treason, and Campbell is still in the Messengers Hands.

"There is also David Lindsay, who went Secretary to the Earl of Middleton into France, with him, committed for coming out of France without Leave. He is mentioned in the intercepted Letters; but what he says in relation to these Designs, is contained in his Papers, N 9, 10. He was the Person who carried the Draught of a Letter from Lord Dundee, to be signed by the late King James, to the Convention in Scotland; but was cheated of it by Lord Melfort, who framed another, which he carried back to Scotland.

"The Duke of Athol informing the Earl of Nottingham, "That Ferguson could and would give Account of Frazer;" he was sent for.

"Mr. Ferguson's Account of Frazer, &c. is contained in his Paper, N 12. He did also give in another Paper; which did not contain any Matters of Fact, and therefore is not here inserted.

"Upon some farther Examinations of the Persons mentioned in the foregoing Relation:

"Mr. Campbell said, "That he saw Frazer's Credentials, which he brought from France, signed James R. and counter-signed Middleton: That Simon Frazer left them in Scotland with Tom Frazer, with Orders to deliver them to Colin Campbell, to be laid up with the Picture and his Commission.

"That Simon Frazer never told the Earl of Breadalbane of his Design of returning to France, left that Earl should have have told it to the Earl of Cromerty.

"That Captain Murray knew of Frazer's Design of going to the Duke of Queensberry, and believed it was only to amuse that Duke.

"That Captain Macleod knew of Frazer's and Murray's Design; and Frazer told Macleod, "That if France would keep Promises made to him, he would go on with the Design, and accept of no Remission."

"Campbell shewed to Clark his Commission and the Picture, in order to Clark's getting a Case made for it; and shewed them to Clark, before he sealed them, and gave them to Clark.

"That Clark knew of all Frazer's Designs, and said, "The sooner the King came, the better."

"That the Occasion of the Duke of Queensberry's trusting Campbell was, Simon Frazer's Recommendation of him to the Duke.

"Mr. Ferguson denied he ever had any Discourse about the Duke of Marlborough.

"Denied he ever saw Captain John Murray, or knows any Thing of David Lindsay.

"That he asked nothing of Simon Frazer; but Frazer said, "He would do him Justice:" To which he (Ferguson) made no Reply.

"He advised Frazer to do nothing through Pique against King James's Interest.

"He owns that he heard Clark say, at The Vine Tavern, "That if Frazer was not true to the King's Interest, he would never trust any Man;" or to that Effect."

Pigault's Letters.

"Pigault's Letter, N 1.

"Mr. Mayor of Folkston,

"This Bearer, with his Lady, Child, and Servants, hath desired me to give him some Recommendation. I desire you to be civil to him, and to shew him you have a little Value for me. He is a very worthy Gentleman, and will render himself to a Secretary of State; I have no other Acquaintance with him, but a common Civility to a Stranger. I am, Sir,

"Your most humble Servant,

"Wm. Pigault."

"Pigault's Letter to John Jordan Esquire, N 2.

"Calais, the 19 November, 1703.

"Mr. Mayor of Folkston,

"I was very much surprized to see a Privateer of this Town brought in One of your Fisher-boats, and a Ransom for .25; and for all our Privateers had Orders not to meddle with any, and they had been sent back the same Day, as I used to do; but only I was obliged to write to Court about it, where I have exposed, that your English Men of War should not trouble the French Fishery; upon which, the French Court had given Orders to return and send back your said Boat and Ransom, with what belonged to them; so that Thomas Emptidge and John Anderson goes back. They will tell you, as well as all your Fishermen, how much I protect and assist them. Now I leave to you to inform your Court of this, that they may give the same Orders to their Privateers and Men of War, not to meddle with any of the French Fisher-boats, that all the poor Men of both Sides may be free, when they do nothing contrary to Law, and that they meddle in nothing else but their Fishery of fresh Fish. You may assure all your Fishermen, that Orders are given, not to do them any Wrong; and that it is myself have obtained those Orders. I doubt not but you will let me know, if our Fishermen can expect to have the same Liberty; for the French Court hath given this Liberty but upon the Assurance I made of an equal Return.

"Our Prison is full of poor English Prisoners, which have not all their Ease in such cold Weather that is approaching; they are in great Expectation for Captain Gibson's coming with French Prisoners to be exchanged. They beg of you to take Care of several Letters, which the Master hath, the which are only for Supply. Pray send this Letter to Captain Gibson; and if William Nicholls be alive, pray remember me to him; and assure all the Fishermen of my Readiness to serve and assist them. I hope you will excuse all this, which is for Charity's Sake.

"I am, with due Respect, Sir,

"Your most humble Servant,

"Wm. Pigault."

"Affidavit of Tho. Emptidge. N 3.

"Vill. de Folkeston, ff.

Emptige's Affidavit.

"Thomas Emptidge, of the Town of Folkeston, in the County of Kent, Fisherman, upon his Oath, said, That, on Wednesday the Sixth of October last, he, this Deponent, being fishing in the Channel, off of Romney, about Two Miles off of the English Shore, was, with his Boat, Nets, and whole Crew of Men, taken Prisoners by a French Privateer of Calais, and carried into that Port, where he and his Company lay in Prison there until Friday last, when they were let out of the common Prison, and, by a Guard, put on board of a Buss lying in Calais Harbour, where they lay under a Guard till Saturday last, that they were removed into their own Boat; and had there a Guard over them while Yesterday, being the 8th of November Instant, about Eleven of the Clock in the Forenoon, that the Governor of Calais came down, and told him, this Deponent, "That he had received an Order from the French Court, to permit this Deponent and his Company, with one John Anderson of this Town, Fisherman, who was there for Payment of a Ransom agreed on, but ordered by the said Court to be released, and Two Boys;" who told this Deponent, that they were taken Prisoners in The William and Thomas, of London, about Fifteen Months ago, being then bound for Newcastle, and have since been detained there for Payment of One Hundred and Fifty Pounds Ransom, which, as he, this Deponent, hath been informed, is paid. And withal the Governor, by an Interpreter, told this Deponent, "That he had some People to send over by him;" and thereupon Twelve Persons, Men, Women, and Children, who were put on board his Boat, and whom this Deponent landed at The Stade here, about Four in the Afternoon Yesterday, and who are all now in Custody, at The White Hart, within this Town.

"Thomas Emptidge.

"Dictus Depon. jurat. fuit, apud Vill. de Folkestone, in Com. Kant. 9 Die Novembris, Anno Domini 1703, coram me,

"John Jordan, Maior.

"Vera Copia, exam. per Hen. Barton, co'em Cler. Vill. prdict."

"The Substance of Sir John Macleane's Discovery to the Earl of Nottingham. N 4.

Sir J. Macleane's Discovery to the E. of Nott.

"In July 1702, the Lord Lovat came to France, and told Sir John Macleane, "That he had Matters of great Importance to communicate to the late Queen; but, before he would tell them, he required a Promise from Her, not to reveal any Thing of what he said to any of Her Ministers;" which She did make him. And thereupon Sir John Macleane carried him to the Queen, as he did afterwards, by Her Directions, to Monsieur Torci; to whom, as he had before to the Queen, he said, "That he was come from Scotland, particularly from The Highlands, where he had discoursed with many Heads of Clans, particularly Stuart of Apin, Sir Ewin Cameron, Sir Daniel Macdonnell, and others; from whom he brought Assurances, that they would rise in Arms, with 10,000 Men, if they were assisted from France with Money and Arms, and Troops, to support and protect them in gathering together."

"Monsieur Torci, after communicating this to the French King, and some Difficulty of sending Men, assured him, "That his Master would furnish them with Money and Arms, and also Men, so soon as his Affairs would admit of the last;" and the Number agreed upon was 5000, which were to be transported from Dunkirk, and landed at Dundee, from whence the March was short and easy to the Foot of The Highlands; to which, if Need were, they might retreat, and in the mean Time might make a Stand, and oppose any of the Queen's Forces that might be sent against them, and give Time and Opportunity to the Highland Clans to assemble and come to them, and form and increase the Army to be superior to all the Queen's Forces in Scotland; and, to facilitate this Design, 500 Men more were to be sent from Brest to , and seize the Fort of Innerlochy, which could not resist Cannon, being commanded by Hills near it: This would give Security to Ships coming into the River, and be a Means to convey Supplies of all Kinds, from Time to Time, as there should be Occasion. The Execution of this Project was delayed; partly, as has been said, because the French King could not spare His Troops; partly, because His Fleet was not in a Condition to oppose us; and then the Men He sent would be lost, if they could neither be succoured nor brought off; and partly, because He did not entirely rely on the Lord Lovat's Information and Assurance; and partly, that He might see the Event of the Scottish Parliament, by which also He might judge of the Temper and Disposition of the Scots, as well as by some farther Inquiry, which He resolved to make; and, in order to it, He had thought of sending some Frenchmen to Scotland, with Lord Lovat, to bring a just Account of what might be expected from them; but the Hazard of a Frenchman's being discovered by his Language, the Difficulty of his making Inquiries for Want of the Scottish Language, and the Easiness of deceiving him, by shewing false Persons to him under the Names of the Heads of Clans, diverted him from this Thought; and therefore Lovat was sent back, in May last, with Captain Frazer and Captain John Murray, who had long been in the French Service, with Orders to come back as soon as the Scottish Parliament was ended, with a distinct Account of the Inclinations of the Scots, and what their Numbers would be, which might be relied on, to join with the French: And at Sir John Macleane's coming from Paris, they were expected back, but were not returned; but upon the Accounts they should bring, depended the Execution of this Design. Besides this Captain Murray, there was another James Murray, who was sent to Scotland with Orders to speak with Duke Hamilton (to whom one Bell was sent before with like Direc- tions, and died in Holland); and, to engage him in the Interests of France, for the Support of the Prince of Wales, there had been other Messages sent to him: But the Queen told Sir John Macleane, "She had had no Answer;" and therefore ordered Sir John Macleane to sound Duke Hamilton; and if he found him disposed to Her Service, then, and not otherwise, to communicate to him this Project. This he was also to do to the Lord Athol and Lord Marshall."

"Sir John Macleane said also, "That Stephenson, a Banker, was formerly sent to Duke Hamilton, and at his Return was put into The Bastile, which they thought was occasioned by Duke Hamilton's not trusting him, and to prevent his Discovery; Duke Hamilton being cautious of speaking with any that came from St. Germain's, where the Factions were so great, that nothing was secret, and therefore would send by Persons of his own choosing."

"Being asked, "How he knew these Persons were so sent?" He answered, "That the late Queen told him so."

"He said, "He saw several Scottish Gentlemen in France in the Time of Peace; particularly the Lord Montross, Hay, Seaton, Roxborough, who desired to pay their Respect, and wait on the late King; but He refused them, saying, "It would be known, and might do them Harm; and He was enough assured of their Fidelity and good Inclinations, without that Ceremony."

"He does not know the particular Errand of David Lindsay; but says, "He has been several Times sent into Scotland." He says, "Lindsay was the Man who carried the Draught of a Letter, prepared by the Lord Dundee and others, for the late King James to sign, and send to the Convention of States, with Orders to deliver it to none but King James Himself; but was deluded by Lord Melfort, who prepared a different Letter, and suppressed this." He says, "This Story he had from my Lord Dundee himself."

"There is one Mrs. Fox in Custody, who came over with Sir John Macleane. He says, "She was a great Friend of Lord Melfort's, and, upon his Disgrace, turned to the other Side, and has all along been a very intriguing Woman."

"Sir John Macleane's Account of the Names of Chieftains in The Highlands, and of the Numbers of Men they were to raise, as it was represented by Frazer to the Court of France, N 5.

"Sir Ewin Cameron.

"Sir Donald Macdonald.

"Captain Clankannald.

"The Macleods.

"Mr. John Mackensie, Uncle to Seafort, for the Families of the Mackensies.

"Glengery, and the other Families of the Macdonalds.

"The Farghuensons.

"The Mac Phersons.

"A Part of the Family of the Mac-Dulothes, under young Borlamine.

"The Rosses, in Murray, under Ross of Killrack.

"The Frazers.

"The Chisolm of Strath Glasse.

"The Stuart of Appin.

"The Highlanders belonging to Perth.

"Some Horse out of Murray and Inverness, with Inns of Caxton and others.

"Some Graunts by Badendalish.

"Some of the Rosses of Belnagonens Family.

"Lovet answered for by his Relation to them.

"The Highlanders belonging to the Duke of Gordon.

The Numbers reduced by the Earl of Cromerty, Her Majesty's Secretary of State in Scotland, to what he supposed the several Chiettains might be capable of raising.
"The Families of the Macdonnals, 1800
The Mackensies of Seafort's Family, 1200
The Macleods, 700
The Frazers, 1000 600 or 700.
The Farghuensons, 700 200.
The Mac Phersons, 700 300.
Of the Mac-Dulothes, 500 300.
Of the Rosses of Killrack, 500 200.
Chisolm Strath Glasse, 200 150.
Stuart Appin, 200
Perth's Highlanders, 600
Graunts by Baddendalish, (fn. 3) 300 (fn. 3) 600.
Of the Rosses of Belnagonen's Family, 300 200.
Belonging to the Duke of Gordon, 1000 500.
To be made up of Horse in the Shire of Murray and "Inverness, 1000 200."

"The Affidavit of Mr. Tho.Clarke, December 2d, 1703. N 6.

Clarke's Affidavit.

"A certain Gentleman, who went by the Name of Captain, but what other Name he had I know not, came accidentally to lodge at my House, and did continue there almost a Fortnight; and when he went away, he went to Gravesend, and so for Holland, with Three more that were with him, on board a Dutch Vessel, called The King William; which is all that I know of the Matter, only that he had a Pass, which contained these Names, (videlicet), Campbell, Munroe, Dickenson, and Forbes, which Pass was brought to me by a pretty tall, thin, Black Gentleman, on the Saturday Night after that he went off at Billinsgate, which was the Thirteenth of October 1703; the said Black, thin, tall Gentleman, having been with the Captain at my House Two or Three Times before he brought me the Pass; the Captain himself was a pretty tall Gentleman, sanguine Complexion, fair Hair or a Perriwig. I took them all to be Scottish Gentlemen. The Pass was signed by the Right Honourable the Earl of Nottingham.

"Tho. Clarke.

"Sworn before me, this 2d Day of December, 1703.

"Nottingham."

"To Mr. Thomas Clarke, Apothecary, in Watlingstreet. N 7.

"SIR,

"Give the Commission, I left with you, to the Earl of Nottingham.

"From your Servant,

London.

"Colin Campbell."

"Mr. Campbell's Discovery, December 24, 1703. N 8.

"To the Right Honourable the Earl of Nottingham, Principal Secretary of State.

Campbell's Discovery.

"My Lord,

"The enclosed is the Matter of Fact of all that I know, concerning unhappy Frazer's Transactions against the Government. I would to God I had never seen him; I had lived a dutiful Servant to the Queen and Her Government. This is all the Mends I can make. I thank God, I have repented; which gives me full Hopes of Her Majesty's Pardon in all respects, as your Lordship assured me of, on my performing what now your Lordship sees I do without Reserve. Your Lordship knows well that a Person in my Circumstances is liable to; but the great Hopes I have of being received to Her Majesty's Favour, makes all easy to me; for I am resolved, while I breathe, to serve Her Majesty against all Mortals, and will for ever repent what I have done. I hope a favourable Answer from your Lordship; for I am, in all respects,

"May it please your Lordship,

24th December, 1703. "Your Lordship's

"Most humble and obedient Servant,

"Colin Campbell.

"May, 1702.

"Simon Frazer was in the North of Scotland; and on King William's Death, he went to Sir Hugh Cambron of Lochill and Macdonnall of Clanroneld. Sir Donnall Mac Donnall, and several others in that Country, were but Dependants on the former Persons, who are not necessary to be named here. I cannot be positive, whether he had Allowances from Sir Donnell, to treat with the Court of St. Germain's, or not; but Frazer himself told me, he had from the rest. With this, he went for France; the First Person he sent for was Sir John Macleane, by whom he understood the Circumstances of the Court at St. Germain's to be such, with Perth and Middleton's Animosities amongst themselves, that there could be nothing done by them. He applied himself to the Queen at St. Germain's, and had Her Allowance to treat with the Court of France, to see how Scotland might be invaded. The Encouragement he gave that Court was, "That he himself was come there, with Allowance from the Highlanders," though in Effect he had Allowance from none but what I have named; yet he represented, "That he was come with Allowance from the whole Highlanders of Scotland; and that they wanted only Men, Money, and Arms, to put them in Condition to appear for their Master (as he called him) the King." The Court of France, as he said, was very frank, and was willing to give Men, Money, and Arms; but, when the Design was public and known to the Court of St. Germain's, their Animosities were a great Hinderance to it. His Proposal was, "That the Court of France should land 5000 Men in Scotland, Money and Arms to the Highlanders, and that he would undertake to make a Rebellion in Scotland." Captain Alexander Macleane did represent at St. Germain's, "That Frazer was not able to make good his Proposals, so that it was not fit to trust him with Men, or much Money." This was represented to the Court of France, which made them unwilling to venture Men or Money, without a good Assurance from Scotland; so it was resolved, that Frazer should be sent to Scotland, and Captain John Murray, who was ordered to be a Witness to Frazer's Transactions in Scotland, and that he might himself make all the Friends he could for their Interest. There came over with them Colonel Graham and Major Frazer, from Calais, in Captain Gibson's Ship; they went through the Country of England, to the Borders of Scotland, where Frazer stayed, and Captain John Murray and Colonel Graham went for Edinburgh: This was all Frazer's own Account to me of what is material to be writ. Colonel Graham and Captain John Murray received the Benefit of the Queen's Indemnity. Frazer sent for me and Captain Macleod to come to him. Captain Macleod went, but I did not; he wrote to the Duke of Argyle with Captain Macleod, and to the Earl of Leven. Frazer came within Twelve Miles of Edinburgh, where Captain Macleod, Captain John Murray, Major Frazer, and I met with him. (1.) He told me, "He was to meet the Earl of Leven within a little Space of Edinburgh, and was to go meet with the Duke of Argyle near Newcastle." (2.) I was then asking of Frazer of his Transactions Abroad, and what his Instructions were. He told me, "That if he could but make any Sort of Rebellion in The Highlands of Scotland, his Fortune was made for ever." Next Day he met with the Earl of Leven at Carthar; from that he went near Newcastle, and met with the Duke of Argyle; then he went to Argyleshire; the Duke of Argyle and the Earl of Leven recommended him to the Duke of Queensberry. Captain Macleod was ordered by the Earl of Leven to write for Frazer, to Argyleshire, to come to Edinburgh, to wait on the Duke of Queensberry; and sent him the Duke's Pass, to carry him along. When he arrived at Edinburgh, he stayed at Captain Macleod's House, where the Earl of Leven had several Conferences with him, and sent Captain Macleod along with him to the Commissioner. I cannot be positive how often he waited on the Commissioner; but I think it was Twice. I asked him, "What his Conference was with the Duke of Argyle, the Duke of Queensberry, and the Earl of Leven; for I had Reason to think that they were employing him to serve the Queen and Her Government." He said to me, "That all of them were his good Friends, and were making him Offers; but that he would not quit the Interest of St. Germain's, if they kept Measures with him." (3.) This is the Substance of what he said to me on this Occasion. He went from Edinburgh to Monteith and Strathorne; Captain John Murray, who was ordered by the Court of St. German's to go along with him, and be a Witness to all his Transactions, stayed after him at Edinburgh, and was making all the Friends he could with all those in the Parliament which he thought were inclined to the Interest of St. Germain's. He said, "He had been with the Earl of Erroll, the Earl of Mareschal, the Duke of Gourdon, and several others," but named no more to me; and that he had been speaking with several Barons, but did not name any. He went with the Lord Drummond to meet with Frazer. Frazer told me, "They met with him at Drummond, and that Stuart of Apping was there; that Morhar of Abercany, young Cambron of Lochill, Stuart of Cregtomb, Robert Mackay, Abercany's Son, with some of the leading Men of the Mac-Grigers, Drummond of Bohaidah, were there." This is Frazer's own Relation to me; and said, "That they were all ready to serve the King, if there was but a reasonable Occasion." He desired me, some Time before that, to carry a Line to the Earl of Breadalbin, desiring earnestly to see him. I delivered his Letter to the Earl, who understood by me Frazer's Designs. The Earl said, "That he was too old to turn Papist; and that no Man, who was a real Protestant, could meddle with a Popish Interest, and be secure of either his Life, Liberty, or Estate; and that he would not meddle, for he was resolved to serve the Queen and Her Government." I had Occasion to see Frazer again, who pressed me to carry another Line to the Earl. I told the Earl, "That Frazer had seen the Duke of Argyle, Queensberry, and Leven." And then he said, "That seeing he had seen so many, that he should not have to say but he should see him. I met Frazer afterwards, and told him, "That he might see him." Frazer told me, "That Duke Hamilton and the Duke of Athol were to send Mac Donnall of Glengery, and Captain Morhar, Stanhope's Brother, to France, to treat with the Court of St. Germain's, in order to restore the King, as he said, and to ruin him, and do all themselves; and that, though Captain Morhar, Stanhope's Brother, was but come from St. Germain's a little before him, yet that he durst not trust himself to him, because of his entire Dependance on Duke Hamilton and Duke of Athol." As to Glen- gery's being sent, I discovered that to be false; he going straight to the North to his own House, which I understood when I arrived at Edinburgh.

"Colin Campbell.

"Frazer said also to me, "That ere he left Paris, that he got a Man that the Earl of Cromarty had doing for him Abroad, which the Court of St. German's put into The Bastile as a Spy, and would not be trusted." All this is Frazer's Relation to me; but I cannot assert it as Truth. Frazer went to see the Earl of Breadalbin, and from that to Argyleshire, where he had left his Brother and Major Frazer; and so returned again to Drummond, where he had a Conference with the Lord Drummond and the Persons I named before. Some of them were angry at him, that he had seen Breadalbin, and said, "He could not be trusted; yet that they resolved to offer him the sole Command, if he would go but along with them." He said, "He had spoke to the Earl; but that his Answer was, That he was too old to turn Papist, and would not meddle or allow him to say any Thing for him at his Return to St. Germain's; for that he found by the Earl, that he was determined to serve the Queen and the Government." This was Frazer's Relation to me. Frazer came straight from Drummond to Edinburgh, and stayed a Night at Captain Macleod's, and made the best of his Way for London. Captain John Morhar, when Frazer was in Argyleshire, went to Stuart of Apping's, where he expected to meet with Frazer; but, Frazer being sent for to Edinburgh, he missed him; but, as he told me, by Accident he had met with Sir Hugh Cambron of Lochill, Stuart of Apping, Mackay of Glencoe; who, he said, would be very ready, upon a reasonable Occasion, to serve the King. Morhar from that returned to Edinburgh, and went no farther in The Highlands. Morhar was to go through all the People in the Low Country, that he thought was inclined towards the King's Interest, to see what Assurance he could have from them. I left Scotland upon the Rising of the Parliament, so that I know no more of Morhar's Transactions. When Frazer arrived here in London, he sent to me, and I went to him. He desired me to acquaint the Duke of Queensberry; which I did. The Duke met several Times with him; but I was not present. All Frazer said to me of it was, "That the Duke was using Endeavours with him, to serve the Queen and Her Government;" and said to me, "If Measures were not kept with him Abroad, that if the Duke procured him his Pardon, he would return, and serve the Government; for, he said, he suspected the Animosities of the Court at St. Germain's would destory all the Designs." He lodged at Mr. Clarke's, who knew what he was, and of his Designs of going Abroad. (4.) I saw Mr. Keith with Frazer several Times at Mr. Clark's; Mr. Keith was privy to all his Transactions Abroad, as I understood by their Discourse before he went to Scotland. (5.) All our Discourse at Mr. Clark's was of the King, and how Scotland might be invaded, and of Frazer's Transactions in Scotland. Mr. Clarke did over-hear us several Times, as I think. I supped with Frazer, Mr. Keith, Mrs. Corbusier, Major Frazer, his Brother, and an Irishman, who, Frazer said to me, had been a Priest: I know not his Name. The most of our Discourse was on Bills that he was to receive from Corbusier to Holland. I did not mind the Particulars of what passed. I doubt not but we spoke of the King, and drank His Health; which is all I mind of what passed that Night. I did see Corbusier Twice with Frazer and Mr. Clark. He discoursed none with him in my Presence; but brought him aside, and talked a little of private Affairs, and went his Way. I saw Mr. Ferguson with him Once: When I came into the Room, Ferguson got up, and made an End of a Discourse he had with Frazer, telling how much he had repented his former Way of Living, and being concerned against the Royal Family; which is all I could make of what he discoursed; and so he went his Way. Frazer told me, "That he did not trust him; for though he had a Pension from St. Germain's, yet he might have One from the Queen and Government here for aught he knew; so he did not trust any of the Secrets of his Affairs to him, as he said; but sent for him, to know what was passing here in Town; for that he was very intelligent:" This is all he told me concerning Ferguson. I dined with Frazer, the Day he went off, at a Tavern hard by The Monument, with the same Company that I supped with him formerly. I stayed with him till I had dined; but did not mind particularly what Discourse passed, save of his Bills; though, no Doubt, there was Discourses, though I cannot descend to Particulars. I left them, and came for a Pass; which Pass he desired me to give to Mr. Clark, who was there at Dinner. I brought him the Pass, which the Duke of Queensberry procured from the Earl of Nottingham, under the Names of Mr. John Campbell, Mr. Munroe, and Dickenson, which I delivered to Mr. Clarke, who went with it to Gravesend. When the Discovery was made of Frazer's being here, and of my carrying the Pass to Mr. Clarke; and that, as I heard the Duke of Athol, who made much Inquiry about it, was very angry with me, I jealoused that Mr. Keith, who was privy to all, made the Discovery to the Duke; and gave it him as a Handle to reflect on the Duke of Queensberry, who I know Keith had no Friendship for. I was resolved not to go near Keith afterwards, nor meddle more with him; but he had asked several Times for me at my Lodgings, and got me at Home at Ten a Clock at Night. He asked me, "If I had heard any News; for that there had been much talking of our Friend Frazer in Town?" I said, "That that I knew; for that he had been examined by the Earl of Nottingham; and that it was a Surprize to me, how my carrying the Pass could be discovered; and that none could do it, but Mr. Corbusier, Clarke, he, or I." Keith was very uneasy, and said, "He would be at the Bottom of it." With this, we parted. I went to see Keith afterwards; who told me, "He had been with the Duke of Athol, and owned that Frazer had sent for him, and that his Business was, to see if he could make a Friendship for him with his Grace. "This, Keith said, he did to keep himself right with Athol." He said, "That Athol desired him to go to the Earl of Nottingham, and own that he had seen Frazer." This made me jealous Keith the more. Some Time before this, I had Occasion to be with Mr. Keith at his Chamber, where we spake of the King's Concerns at St. Germain's; and he told me, "That he had advised Frazer, not to return to invade Scotland, unless the King came in Person, as he said; for otherwise he could not expect any Man of Interest would meddle; but, if the King would land Himself in Scotland, that he would be sure of the old Gentry of the Nation." I was saying to him myself, "That I thought The Highlands of Scotland were generally well inclined." I did say to Mr. Keith, on some Occasions, "That I thought the Earl of Breadalbin was very well inclined, and all his Interest;" though truly, I must say, I had no Warrant for it: Nor did he every say so to me; but, on the contrary, "That he would never meddle with a Popish Interest." Mr. Keith read to me a Paper, which was, Observations on the Court of England; the Substance of it was this, shewing how the Duke of Marlborough and my Lord Treasurer managed all, and made Middleton and Perth believe that they were Friends to the King, and designed to restore Him after the Queen's Death. "This, he said in his Paper, was all but a Sham; and that the real Design was, to amuse them, and settle the Succession on the Family of Hanover." He told me, "He was to send this to Frazer, who was to shew it to the Court at St. Germain's." He had also Proposals in his Paper, how Marlborough's and my Lord Treasurer's Designs might be prevented, and the King brought Home. I cannot mind the Particulars, save only that a speedy Invasion was One of the Ways he proposed in his Paper. He was also to send a Scheme of the Army here to Frazer. All this passed between Keith and me before our Letters were intercepted between us and Frazer. The First Direction we had from Frazer was, to write to him by the Name of "Mr. John Smeaton, to the Care of Mr. Vincent Neerinx, Merchant, in Rotterdam." The Letter I had this Direction by, came to me by the Hands of Mr. Clarke; and there came a Letter to Mr. Keith, as Mr. Clarke told me, by the Name of Mr. Hill; and One to Mr. Ferguson, by the Name of Mr. Smith. I had One enclosed in my Letter to the Duke of Queensberry, and One to the Earl of Leven; both I delivered. When it was said publicly here, that Frazer was gone as a Spy from the Duke of Queensberry to the Courts of France and St. Germain's, the Duke sent for me, and said, "It was fit I should write to him to return; for that his Undertakings to him would be heard of in France, and that certainly they would destroy him there." The Earl of Leven and the Earl of Stairs were present, and proposed not to write so plain; for that there was Reason to think, that by that Time he was at Paris, and that he had been taken up there; and a Letter of this Nature intercepted would be an Evidence against him. So it was resolved that I should only write, "That his Affairs and Practices here were discovered, and that it was fit for him to consider what the Import of this might be to him where he was." I wrote Twice to him to this Purpose, by the Duke's Allowance. I sent my Letters under a Cover to Mr. Gilbert Black, Merchant at Rotterdam, to be given to Vincent Neerinx, who was to further them to Frazer, under the Name of Smeaton. The Way I desired Frazer to write to me was, by the Name of "John Moncref, to the Care of Mr. Campbell, Goldsmith, in The Strand." I did see Mr. Keith; and he and I both resolved, after that, to correspond no more with Frazer, for fear our Letters might be intercepted: And we resolved, if we should be examined by the Government, not to own any Correspondence with him. I went to Mr. Clarke, and gave him several Papers to keep, and Frazer's Commission as Colonel from the King at St. Germain's, with the King's Picture: I sealed the King's Picture and Commission in a Paper, and told him what they were before I sealed it. (6.) When Frazer went off, he left several Letters with me; One to the Earl of Breadalbin, One to Bohady, and One to Frazer of Envahellea, One to Mr. Colin Campbell the Earl of Breadalbin's Son, One to Captain Cloud by the Name of Colonel Corbett. The Substance of his Letter to Breadalbin was, shewing him how much he was his Servant, and offering him the Command of all, if he would but meddle in this Project; and that he hoped to see him, and put a Piece of Parchment in his Hand. The Substance of his Letter to Bohady was, Protestations of Friendship to him and his Family, and his Father-in-law Lochil; and that he would mind him effectually where he was going; and told him, "He had sent with me to him the King's Face set in Gold." The Substance of Frazer of Envahellea's Letter was, telling him, "He being nearest of Kin to him, that he left with me, in case he should never return, the King's Picture, his Commission, and Instructions, with several other Papers concerning his Estate." This Letter was not to be delivered, unless I heard that he and his Brother was dead. His Letter to Mr. Colin Campbell was nothing but a Compliment, desiring his Friendship and a Correspondence. These Letters were all in my Custody unsealed. When I considered how obnoxious he was to the Government, and that the Earl of Breadalbin did not write to me that he had seen him, or allow me to correspond with him, I burnt his Letter and all the rest, save Captain Macleod's, which I sent him by the Post, seeing I had no Manner of Allowance from them to correspond with him. Frazer told me, "That he had sent his Servant Tom Frazer, with the Instructions he had from the Court at St. Germains, to shew them to Sir Donnell Macdonnell and Macdonnell of Clanroneld, and to the rest of the Clans of The Highlands; and that he had ordered him to give me the Instructions." When I arrived in Scotland, he told me, "That by the same Hands (Tom Frazer) he had sent Letters to Sir Donnel Macdonnell, Macdonnell of Clanroneld, and several others; but had not Time to stay in Scotland to receive any Answer. Frazer told me, "That Captain John Morhar, with a Son of Lochil's, was to be here this Month, in order to go after him to France." Frazer said, "That, if Measures were kept with him Abroad, and that the French would land an Army in Scotland, he resolved himself to come to Scotland before them, and raise as many of The Highlands as would go along with him, and divert the Army in Scotland with them till the French landed." He said, "He would urge with all his Might, that the King should come to Scotland in Person." He writ to me a Letter from Holland, with the First Letters I had by the Hands of Clarke to Captain Macleod, under the Name of Colonel Corbet, which I burnt without reading. The Way that he was to correspond and send his Letter to England, as he said, was with Captain Gibson, by the Interest and Means of a Person in a Cloister at Calais or Dunkirk. This is the Substance of all that ever Frazer communicated to me of his Transactions. I was several Times with Mr. Clark, who still said, "That the sooner the King came over, the better." I met Twice with Mr. Ferguson at The Vine Tavern, in Holbourn, where Mr. Clarke was present. I told Ferguson, "That I had been examined by the Earl of Nottingham:" I asked his Advice what to do. He told me, "Certainly I should be re-examined, and put into Custody." He told me also, "That Frazer was gone from the Duke of Queensberry as a Spy to the Courts of St. Germain's and France, and to give the Duke Notice of all their Proceedings, and that certainly he would be put in The Bastile at Paris; for that Notice would be there before him." Then Clarke said, "If he was perfidious, and not a Friend to the King's Interest, he would never trust a Man after."

The 24th Day of Decem. 1703.

"Colin Campbell.

"Sworn before me, this 24th Day of Dec. 1703,

"Nottingham."

"Additions, Jan. 12 and 15, to be inserted to Mr. Campbell's Narrative of Decemb. 24th.

"1. Which was the First Time of my conversing with him after his Return into Scotland.

"2. And that Captain Murray was to bring my Lord Drummond to him the Day after he was to meet with the Earl of Leven; and Frazer told me, "He would use his Endeavour, to persuade my Lord Drummond to join with him in the Rebellion. (Vide 2. Infra.)

"3. He farther told me, "That he had acquainted the Duke of Argyle, the Duke of Queensberry, and the Earl of Leven, That Duke Hamilton and the Duke of Atholl did keep a Correspondence with the Court of St. Germain's. (Vide 3. infra.)

"4. Though Frazer did not impart to me all that passed between the Duke of Queensberry and him; yet, after he was gone, the Duke told me, "That Frazer had given him an Account of some Designs that were carrying on in Scotland, against the Queen and Her Government; wherein, he said, the Duke of Athol was concerned." And the Duke of Queensberry farther told me, "That the Reason of his countenancing of him, and procuring him a Pass to Holland, in order to his going into France, was, because he had undertaken to discover all the Designs at the Court at St. Germain's against the Queen and Her Government; and would return, to make known all he could discover, and what Persons were concerned in any such Designs."

"5. But the Duke of Queensberry did not know that Frazer had any Correspondence with Keith; neither did Keith know what he had promised the Duke to do, upon his going to France.

"6. Among the Papers, was a Pardon that Frazer and several of his Kindred had from King William; and Two Bonds from the late Lord Lovat to him, of Fifty Thousand Marks each; and several other Papers of private Concerns.

"This farther Information was dictated by me on the Twelfth Day of January 1703/4;; the several Clauses of which are to be inserted in a former Information given in by me the Twenty-fourth of December 1703, according to the Numbers annexed, and is what has occurred to me since. Witness my Hand.

"Colin Campbell."

"2. Frazer then said, "That he was not to tell the Duke of Argyle or the Earl of Leven the Secrets of his Design; but that he was resolved to go privately to the Highlanders, and shew them his Instructions from St. Germain's." This was what he said to me then; though afterwards he altered it: At the same Time he gave me a Letter to the Earl of Breadalbin, desiring Liberty to see him. This Letter I carried to the Earl, who told me, "He would not see him;" as also some other Things mentioned in the Information formerly given by me.

"3. When Frazer lodged at Captain Macleod's, Captain Murray brought him to my Lord Drummond; and Frazer told me, "That it was then they concerted their Meeting at Drummond." When he was at Captain Macleod's, his Discourse was in general concerning his Transactions at St. Germain's; but I cannot remember any other Particulars, than what I formerly delivered; only that Frazer told me, "He was to receive some Money of the Duke of Queensberry." This was all a Mystery to me, till, coming to London, the Duke of Queensberry told me of the Discoveries he had made to him.

Jan'y 15th, 1703/4;.

"Colin Campbell."

"David Lindsay's Paper, sent to the Earl of Nottingham Dec. 8th, 1703. N 9.

Lindsay's Paper, &c. to the Earl of Nottingham.

"My Lord,

London, Dec. 8th, 1703.

"To perform what your Lordship and the Honourable Council required of me, I shall begin with some Things that passed before the Death of the late King James. His Majesty enjoined His Son, in frequent Discourses, of what had befallen Himself, for not keeping exactly to the Laws of England, relative both to Church and State; and desired him, if ever he came to rule over that People, to take Care to be a strict Observer of them, that he might not split upon that Rock which had been so fatal to Him.

"After His Death, I never knew of any Measures that was taken, but in Prosecution of this; and that in no other Manner but in Discourse, as Chance and Accicident brought us in Company with English and Scottish Gentlemen, who came upon their Travels or other Occasions to Paris; and that lasted but a very short Time, the War immediately ensuing upon it; and for Correspondence by Letters after the Business of Calais, either from England or Scotland, I declare (News Letters excepted) my Lord Middleton had none to my Knowledge; and yet I cannot say he mistrusted me in any Thing.

"After the Death of King William, and Her present Majesty's Accession to the Crown, I never knew of any formed Design of disturbing Her Majesty's Government. That there are restless, inconsiderate, and made People amongst them, I am as far from justifying as any Man; and to muzzle and bridle these Fools, is a Task too hard for any Man to get the better of: Follies from this Kind has happened; and they have been quashed by my Lord Middleton, as much as it was in his Power to do.

"But, amongst these, I never knew of any that was likely to come to any Height but One; and that, for Four or Five Months, was kept as much from my Lord Middleton's Knowledge, as it would have been from your Lordship's.

"One Frazer, a Scotsman, who gave himself the Title of Lord Lovet, after having been condemned in Scotland for the most infamous Rape that ever was heard of, upon a Lady then Widow to the Lord Lovat and Sister to the Duke of Athol; this Man got an Interest and Acquaintance with some of these mad People I have mentioned, and from them it passed to an Interest with some of the Court of France. This Man, I declare, I never saw; but his Character given to me was, that he had Wit, a good genteel Behaviour, very insinuating, and with all these Advantages gave out a great Trust and Credit from very many of the Scottish Nation, particularly from all the Clans of The Highlands; and said, "That they had empowered him to offer, in their Names, to bring out Sixteen Thousand Men." All this at last coming to be discovered to my Lord Middleton, he represented, "That, to his Knowledge, The Highlands was not able to bring out Eight Thousand Men; but, though they were, it was unreasonable to enter upon any Business with a Man, by his Crimes so obnoxious to the Kingdom of Scotland in general, and where so many honourable and ancient Families were more particularly concerned; but yet more unreasonable, with One that had no Credential but his own Assertion."

"This Man came from Paris in the End of May last; and, as I was informed, to bring back Certificates from the Persons concerned, of what he had said in their Names. And when I came into Scotland, I was told, "The Government had Notice of his being gone into the Highlands of Scotland:" And some Days after, the Council passed an Act of Fire and Sword against him. This the Duke of Queensberry and my Lord Cromerty, Secretaries of State for Scotland, can best inform your Lordship of.

"Now, my Lord, when I have given you this Relation, perhaps your Lordship, and the Honourable Persons before whom I was examined Yesterday, may think me disingenuous, for saying I knew nothing of any Designs against the Queen or Her Government; for Explanation of which, my Lord, I never thought this a Thing that could come to any Thing, and only the Proposition of a desperate Man, which never could be entertained; and that my Knowledge of it came only from being upon the Place. And I do assure your Lordship, there were Persons there, that did all they could to break the Undertaking of it; and particularly that James Murray, whom your Lordship named to me Yesterday: And this, my Lord, I declare, is all I know that has been proposed since Her Majesty's Accession to the Crown; and with this Assurance, that I shall, if Her Majesty be mercifully pleased to forgive what is past, and allow me to live in England, it shall be with that Duty and Obedience, that is becoming the loyalest and best of Subjects: And I shall ever pray for Her Majesty's long Life and Prosperity.

"David Lyndsay."

"David Lindsay's Letter, sent to the Earl of Nottingham Dec. 23d, 1703. N 10.

"From The Gatehouse, the 23d Dec. 1703.

"May it please your Lordship,

"Being conscious of my own Innocence, and at the same Time persuaded of your Lordship's great Justice, Goodness, and Honour, I must conclude, that the Trouble I am in, proceeds from malicious Information; and though I have great Reason to believe I could name the Person, having been served so before at St. German's by a Countryman of my own, who is now about this Court; but this I shall forbear, except your Lordship desire it.

"I told your Lordship, that I had been soliciting more than a Twelvemonth for the Queen's License; that I believed my Lord Stairs had spoken to your Lordship about it; but I forgot to tell you, that both the Secretaries of State for Scotland could inform your Lordship, that my Wife had been frequently with them about it. I came afterwards, upon the Queen's Gracious Indemnity, to Scotland; and, I am sure, never Man came with a purer Intention to receive, and be more thankful for, a Pardon than I did; and I do declare to your Lordship, as in the Presence of God Almighty, and as I hope for Salvation at the great Day of Accounts, I neither brought Message or Commission from the late Queen, from my Lord Middleton, or from any other Person, Man or Woman, in the Kingdom of France, directly or indirectly; and so, consequently, could deliver none, either in Scotland or England. I therefore most humbly beg your Lordship to take my Condition into your Consideration; and, if your Lordship please to accept of Bail for my good Behaviour, I hope I can procure it; and, in the mean Time, I beg you will have Pity of my poor Condition, and allow me the Queen's Maintenance in Prison, since my poor Condition cannot bear it; and that my Wife or Children may have Liberty to come to see me; for, without that, I have not so much as the Means of Subsistence.

"I am, my Lord, with great Respect,

"Your Lordship's most obedient and most humble Servant,

"David Lindsay."

"Mr. Ferguson's Narrative, Dec. 27th, 1703. N 12.

Ferguson's Narrative.

"As I could not escape hearing that several Persons, come from France last Summer, were gone to Scotland; and, as I supposed, for no other End than the taking the Benefit of Her Majesty's Gracious Indemnity to such of that Nation who should return Home, and oblige themselves to live peaceably (but of whom I neither see and much less conversed with any); so I do remember, the having been told by Mr. Clarke, in the Month either of May or June last, "That One of that Kingdom, represented to me by the said Clarke for a Person of Quality, after some Stay in this Town, where he had been visited by divers, and particularly by one Mr. Keith, was likewise gone thither."

"And though his Name was then concealed from me, yet I was made acquainted, "That he was One who had not only many Friends in Scotland, but that he reckoned himself secure of being protected by some of the chiefest Men in the Government there.

"And that, before he went from hence thither, he had dispatched Two Persons Northward, with Order, that, after their having transacted what he sent them about (which I took to be the obtaining a Pass for him), they should either both or One of them return to Durham, and abide there until, after Notice from them, he should come to them."

"But, as I have understood since by Mr. Clarke, that this forementioned Person, whom he had charactered to me for a Man of great Dignity, was no other than Simon Frazer Laird of Beaufort; so I have learned, that it proceeded from his assuming to himself the Stile and Title of Lord Lovet, that Clarke gave him out for the Man of Bulk and Grandeur that he did.

"And I do now farther recollect the having been also informed by Mr. Clarke, how that the aforesaid Frazer, on his getting as far North as Durham, did from thence write back Letters, both to the said Clarke and Keith, telling them, "He was safe, and that all Things went well."

"Which as it is the Whole that I was let into concerning Frazer, at his being here in the Summer; so I heard nothing of or about him, after his Arrival in Scotland, until it came to be publicly discoursed, that Her Majesty's most Honourable Privy Council of that Kingdom, on a Discovery made to them of his being there, had issued out an Order for pursuing him with Fire and Sword; but to which Her Majesty's then High Commissioner the Duke of Queensberry and my Lord Stairs would not so far consent and agree as to subscribe it.

"On the hearing whereof, I not only thought myself sufficiently enlightened who those great Men in the Government there were, of whose Protection Frazer, previously to his going into Scotland, had affirmed himself assured; but it raised in me a very strong Jealousy on what Designs, and against whom, Frazer was to be employed and made Use of in that Kingdom.

"And what I entertained only a Suspicion of then, I grew afterwards into a moral Certainty concerning; but whether upon sufficient Grounds and Motives, I do humbly submit to the Judgements of such as are unbiassed and impartial, after their having perused and considered what I am here farther to relate.

"However, being made extremely apprehensive that there was either some treasonable Design on Foot against Her Majesty and Her Government, or some malicious Contrivance in Hand for the ruining of loyal as well as of peaceable Men, and even such as were of the sublimest Rank, both which I judge it my Duty to discover if I could; I resolved to be as inquisitive as my Meanness and Circumstances would allow me to be, both after Frazer's Conduct in case he came> hither again, as I was told he would; and likewise after what Manner he had behaved himself in Scotland; with and in whom his Conversation had been, and his Confidence had seemed chiefly placed, during the Time of his being there.

"Nor was it long before I was told of Frazer's being on the Road to this Place; and, in the mean Time, was in a Manner deafened with the Noise of a Scotch Plot, wherein the Duke of Athol and divers other Noblemen of that Nation were said to be engaged.

"The Person who informed me of Frazer's being on his Return for London, was Mr. Clarke; of which he gave the following Evidence; namely, that either Keith or Campbell, or both of them, had been with him, and not only told him of their having received Letters from Frazer, concerning his being got safe into England, and that he was hasting for London with all the Expedition he could; but that they had thereupon desired of him the said Clarke, "that, in case he should know of his Arrival ere they did, he would immediately give them Intelligence of it."

"And accordingly I was, within a few Days after, made acquainted by the same Mr. Clarke, "That Frazer was come to Town; and that both Keith and Campbell had been with him."

"Which I cannot forbear declaring, its having raised in me a firm Belief, that the said Frazer was brought hither in order to be an Evidence; and that I should speedily hear of the Duke of Athol's being publicly accused of a Plot, pursuant to the Reports which had been spread both about Court and City of him; and that Frazer would be produced as a Witness against him: and that, under the said Character, he should take upon him to depose either of and concerning Letters sent from St. German's to the said Duke, or at least of his being spoken of very favourably there, as One being in the Interest of that Court.

"And of this, for some Days, I remained in a Manner fully persuaded; and the rather, in that I was told by Mr. Clarke, that there was a frequent Correspondence between the Duke of Queensberry and Frazer; and that the said Correspondence was upheld and carried on by the Means of Campbell, who went to and fro between them.

"Nor am I to omit how that, during my Continuance under the said Belief, I came to be invited by Mr. Clarke to visit a Gentleman at his House, without being directly told who he was: But though, by the frequent Informations given me before, of and concerning Frazer, I could not miss concluding it was he; yet I resolved to comply with the Invitation, as not only knowing myself prepared and fortified not to be drawn into any treasonable Design against Her Majesty, or to become involved in any Conspiracy that might have been formed to the Prejudice, if not the Ruin, of honest and peaceable Men; but as likewise hoping that, instead of his finding me so weak and altogether filly as to be imposed upon and duped by him, I might be able to wrest out of him, both on what Contrivances he had been employed in Scotland, and to what Purposes he was returning into France.

"And accordingly I made the Visit desired of me; and, as I had more than imagined, I found it to be Frazer that I paid it to; wherein though I was not so fully successful as I had been inclinable to conceive I might, yet I so far would myself into him, as to gain the Knowledge of those Things, from and by him, which not only abundantly satisfied me, there had been no Plot carrying on in Scotland against Her Majesty and Her Government; but gave me clearer Light than I had, as well on what Projections Frazer had been employed in that Kingdom, as on what Offices of Service to some, and Disservice to others, he came protected back from thence hither, and had the obtaining the Pass promised unto him (as he told me) for his returning into France.

"For, upon my saying unto him, "What a bold Man he was, in venturing to Scotland, where he knew himself to be capitally obnoxious to the Laws, and to have the Duke of Athol, the Duke of Hamilton, and many other Persons of the First Quality, as well as of the inferior Rank, for his mortal Enemies!" He replied unto me, "That he had as potent and great Friends there, as he had Enemies." At which I not only seeming surprized, but telling him my thinking it could not be as he had said; he thereupon declared to me, "That, besides several other Noble Friends he had there, how the Duke of Queensberry was his most singular Friend, and his Protector in a most distinguishing Manner; and that, as he had both gone to and returned from Scotland under the Shelter and Safeguard of his Grace's Pass, so he had been under the same Covert and Defence the whole Time he was in that Kingdom, and particularly in his going to, as well as in his coming back from, The Highlands."

"Which as it administered Occasion to me for asking "Whom he had seen in those Parts; and how he sound the Clans disposed, either as to the supporting of Her present Majesty, or the falling into Measures in Favour of the Prince at St. Germain's, towards the assisting for a Revolution?" The Whole he thought fit to say to me, in Way of Return, was, "That, either in his going thither, or in his Return from thence, he had spoken with the Earl of Breadalbin; and that, during his being there, he had conversed with the Laird of Locheal, and with divers others, whose Stiles, being more uncouth to me than Arabick, I have forgot; but that none of them were inclined to enter into Conspiracies against Her present Majesty and Her Government;" only he intimated to me, "That divers of the inferior Sort of People in The Highlands (whom I could no otherwise look upon than as Robbers and Banditti) were ready enough to join any Foreign Force that should invade that Kingdom;" which I could not avoid silently thinking would be held for a Banter and a Ridicule upon the Ministers of Versailles and St. Germain's, should he, in Compensation for the Five Hundred Louis d'Ors given him by the Marquis de Torci, for defraying his Expence to and from Scotland, and for bribing the Parliament there, carry it to those Places, as the Sum and Result of his Envoyship and Expedition: It being too well known (without any Disparagement to that Nation) through all Europe, that, as the People of their Understanding and Rank in The Highlands were not to be depended upon, without the being called forth by, as well as the Consent of, the Heads of their respective Principalities; so that whatsoever Invader they might be forward to join with, in the Hope and View of Plunder, they would as soon abandon and desert, whensoever they became loaded with Prey and Spoil.

"But as the Duke of Queensberry is much better informed of all these Things than I, upon an Hour's Conversation with Frazer, should we have talked Cur ouvert as well as Tete Tete, dare to pretend to be; so, the forementioned Gentleman being the said Duke's Emissary thither, and acting there pursuant to his Instructions, it is not to be doubted but that his Grace hath both exacted of, and had an Account from him, of all his Interviews and Transactions in those Parts; and that he has long ere now laid them before Her Majesty: Though I cannot forbear blaming his Grace's Conduct, in the sending away the chief, if not the only, Witness who should have supported and justified them.

"However, as I did not think it convenient, in the short Time I was with Frazer, to be too critical in Inquiries after Matters of that Kind, lest, by giving him a hasty and unseasonable Alarm; I should have not only obviated, but defeated myself in the Resolution, which, upon the few foregoing Intelligences, I had entertained; namely, of penetrating as far as possibly I could into this Mystery of Mischief as well as of Darkness, by the Assistance of such Persons, and the Subserviency of such Means, as I should judge to be the most proper:

"Yet, notwithstanding my finding, upon the Reason I have assigned, that it was not only impracticable, but unsafe, for me to have endeavoured the getting into a full and clear Discovery, by my Conference with Frazer, of all the Interviews and Transactions which had been and passed between the Duke of Queensberry and him in Scotland: Nevertheless, I do, with all Humility, assume the Liberty of declaring my Belief, that Campbell is able to unsold most of them; and that, provided he will be ingenuous, he is capable of laying before the most Honourable Lords of the Council, Things which will as well amaze them, as set all these Things in a Meridian Light.

"And therefore, waiving the insisting on such Matters as do not fall so perfectly as I could with within my Knowledge, the next Thing I am to relate is, my being informed by Mr. Clarke, "That the Duke of Queensberry had obtained of the Earl of Nottingham a Pass, to go beyond Sea, for Four Persons, under false and sham Names; and that, as Campbell had brought it from his Grace to the forementioned Clarke, so he the said Clarke carried it to Frazer; who, upon Intelligence and Assurance which the aforesaid Duke had given him of its being procured, was gone down to Gravesend; where, upon the presenting it to the proper Officer by Clarke, Frazer and the other Three, were, without Trouble given unto, or Inquiry about them, admitted to go safely on board, in the Virtue of it.

"Which, as it could not but mightily astonish me, as well that, upon my First Thoughts, I apprehended the Scots Plot, which had been so much talked of, would be irretrievably blasted, through sending away, as I imagined, the sole and alone Evidence of it; so much more, on my Second, when I came plainly to discern, that, instead of a Plot contrived against Her Majesty and Her Government, whereof the Witnesses could be only found in Great Britain, there was a Conspiracy on the Wheel against some of Her Majesty's most eminent and best Subjects; of which the Proofs were to be transmitted in a Cloakbag from France hither, as the Holy Ghost was said to have been from the Pope at Rome to the Council at Trent.

"But, as I did not account myself sufficiently furnished by all this, for revealing unto any, what I not only conceived, but thought myself in some Manner fully apprized of, unless I could get possessed of Evidence which should be held both legal and uncontrolable; I determined to wait a few Days, in order to be so undeniably and demonstratively enlightened and confirmed in what I was to say, as that I might not be exposed and lampooned, if not also ruined.

"Which little more than a Week afforded me, through my receiving a Letter from Mr. Frazer, in Holland, directed to me under the Style of Uncle; and being desired by Mr. Clarke, who brought it to me, to return an Answer, I readily undertook to do so; and accordingly did, by the Name of Ralphson.

"Wherein, as all my Intention and Meaning was to get into an exact Understanding about what, and with whom, all Frazer's Correspondence from hence thither, and his Return from thence again hither, was; so I was no sooner compleatly Master of it, which, without my giving an Answer to the forementioned Letter, I could never have been; but that I did, by a Friend, acquaint his Grace the Duke of Athol with it; humbly beseeching him, both to lay it before the Queen, and also to communicate it to such of Her Majesty's Ministers of State as he should think fit to apply unto; and that he would particularly discover the Whole of it to the Right Honourable the Earl of Nottingham. And what Services have been done Her Majesty, your Lordships, and the Government, by the Discovery how Letters to and from Frazer might be intercepted, I will not take upon myself to say; but do refer it to the Judgement of those who have either read them themselves, or have heard them read.

"And, as I had not the Honour to be known to the Duke of Athol previously thereunto, either Beneficio or Injuria, save that, about Seven Years since, he came, by the late King William's Order, to examine me in Newgate, and to tell me, "I was to be carried to Scotland;" which I could put no other Construction upon, than that I was designed to be destroyed there, without Law, when, by all the Laws of England, in which I had lived since the Year 1655, I could not in the least be affected; so, from the Time of his Grace's coming to me in the forementioned Place, I never so much as see him, save once, passant, near The Privy-Garden, and at this Honourable Board on Thursday last.

"So that what I do now lay before the most Honourable Lords of Her Majesty's Council, is neither in Acknowledgement of Favours received from the Duke of Athol, and much less in Revenge against the Duke of Queensberry, for the having done me Discourtesies; from whom as I never met with any, so, to the best of my Remembrance, I did never see him, unless at this Table, when I was commanded, a few Days ago, to attend here: But the only Motives on which I do make this Discovery are, the preserving the Safety and Honour of Her Majesty, the preventing those Discontents which this might produce in the Minds of most of Her Majesty's Subjects, especially of those in Scotland, and for covering the Lives of many innocent, as well as of divers very eminent, Men.

Dec. the 27th, 1703.

"Rob. Ferguson."

"Captain Macleod's Declaration, January 4th, 1703/4;. N 13."

Capt. Macleod's Declaration.

"Edinburgh, 28th December, 1703.

"Sederunt. The Earl of London Elected President, the Earl of Northesk, Earl of Glasgow, the Lord President of Session, Lord Register, Advocate, and Justice Clerk, Mr. Francis Montgomery, Lieutenant General Ramsey, and Sir Robert Sinclar, as Committee of Council for Inquiry into evil Practices, and Practices against the Government.

"Where appeared Captain Neill Macleod Prisoner; being interrogat, declared as follows, "That, being in Edinburgh, in the Month of July last, he received a Letter from Captain Simon Frazer, sent by his Servant, who said, "His Master and he were come from Hanover;" whereupon he went, and met with Captain Simon at Durham in England; and there Captain Simon told him, "He was come from France; and that he had been with the King of France, who was very kind to him, and promised to give him a considerable Sum of Money, in order to raise an Insurrection in Scotland;" but that Sir Alexander Macleane, of Otter, getting Notice of it, had told the Queen Dowager to the late King of England, "That Captain Simon was not a Man to be entrusted with such a Sum of Money;" whereupon the said Queen Dowager went to the King of France, and put a Stop to the giving of the said Money; but that the said King had ordered him a Sum, to bear his Charges: And that the Declarant saw Captain Simon have both Gold and Silver, to the Value of about Forty or Fifty Pounds Sterling, which, he said, he got from the French King; and that Captain Simon told him, "There was a Correspondence betwixt St. German's in France and Scotland; and that the same was kept with the Duke of Athol, the Duke of Hamilton, and the Earl of Cromarty; and that the said Intelligence was kept up for the Earl of Cromarty by one Mackensie at Paris, whom he had caused to be put in Prison:" And the Declarant being interrogat, "If Captain Simon gave him any Reason of his Knowledge of the said Correspondence, or wherefore he caused the said Mackenzie to be imprisoned in France for keeping the said Intelligence?" He said, "That the Captain told him no more, save as above;" but that he also told him, "An Invasion from France was designed, and that very quickly; and that he was sent Home, with Encouragement from the King of France, to procure an Insurrection; and Promises were made to him, of both Men, Money, and Arms; but that it was expected, he should first bring an Assurance, in Writing, from Scotland; for which Ends he was going to the North, to speak with Friends; and one Captain John Murray, Brother to Abercairne, was sent along with him from France, to be an Assistant and Witness to his Behaviour; and that the said Captain John Murray and Captain Patrick Graham came with him from France; but that Captain John Murray and Captain Graham were gone into Scotland before the Declarant did meet with Captain Simon at Durham." And the Declarant being interrogat, "If Captain Simon told him what Number of Men, or Quantities of Money or Arms, were promised, or where and when, and in what Manner the Descent should be?" Declareth, "That Captain Simon told him no more, but as above: And Captain Simon, being desirous to speak with the Earl of Leven, sent a Letter to the Earl, and another to the late Duke of Argyle, by his Servant; and that the Declarant and Major Frazer, who came along with Captain Simon and the said Servant, came together to Edinburgh, and the Letter was delivered to the Earl of Leven: But the Earl saying, "He could give no Answer till he spoke to the Commissioner," the Servant went away, and Major Frazer stayed for the Answer." He also declares, "That, by Captain Simon's Order, he told the Earl of Leven, "That he wanted Money;" and the Earl answered, "That if Captain Simon would make any Discovery for the Service of the Government, he would speak to the Commissioner, to give him some Money, on the Queen's Account; and thereafter the Declarant and Captain John Murray, after some Days Attendance, went, with Glenderall in Company, and delivered the Earl's Return to Captain Simon, at the Kirk of Shotts, as he was returning from Argyleshire, where he said he had been, and had left Major Frazer there; and then the Declarant also told him, that the Duke of Argyle could not meet with him until he returned from Chartoun;" and that Captain Simon went again to meet with the Duke of Argyle, and met him at Outter haughead." And the Declarant being interrogat, "If he had seen, or knew the Contents of, the Earl of Leven's Letter to Captain Simon?" Declared, "He knew them not; but that he, being returned to Edinburgh, went thereafter with Captain Simon's Brother and the said Captain John Murray, and met Captain Simon and Major Frazer at Redpaith, Three or Four Miles beyond Lauder, where some of them stayed with him Four or Five Days; but the Declarant came back the next Day; and Captain John Murray and Captain Simon appointed to meet at the House of Stuart of Appin; like as John Murray told them thereafter, that he came to Appin, and missed both Captain Simon and Appin; but that Appin was gone away, Half an Hour before, to meet with Lockzeel; and that Captain Murray followed, and overtook him; and they both went and met with old Lockzeel at a Ferryside, and stayed with him all Night: But the Declarant, having in that Time returned to Edinburgh, got a Pass from the Commissioner to Captain Simon; and went and met him with it at a Place about Three Miles to the South of the Kirk of Shotts; and then Captain Simon came to Edinburgh, towards the End of September, and was with the Earl of Leven and with the Commissioner, but the Declarant was not present at their Meeting, nor knows what passed; but Captain Simon going again to The Highlands, the Declarant got from the Commissioner Two Hundred Pounds Sterling in Bank Notes, whereof he turned a Part into Gold at the Bank-office, and with the Gold and Money went beyond Sterling to Balhadie's, and Captain John Murray with him, where they dined at Balhadie's House; after which, he did not see Captain John Murray; and that he got the said Two Hundred Pounds from the Commissioner some Days before his Grace parted for England."And declares, "That Captain Simon told him, "That while in The Highlands he had met with Lockzeel, Older and Younger, and Appin, and with One called the Laird of Mackgreiger; and they gave him all Encouragement for an Invasion, and Appin promised several Thousands of Men; and that it was said to him, that Glengerie was to be sent to France by the Duke of Hamilton, and the Duke of Athol, and others of that Faction." And the Declarant being interrogat, "If Captain Simon gave him any Reason of his Knowledge?" Declares, "He gave him none; but that he heard it in The Highlands." And farther declares, "That Captain Simon was to go from Balhadie's, to meet with the Lord Drummond, at Castell-Drummond; and that when he, the Declarant, was returning from Balhadies, he met with the Lord Drummond upon the Road, and told him of Captain Simon's going to meet with him; and the Lord Drummond said, "He would send a Footman, to advertise him of his coming." That, when Captain Simon was returned to Edinburgh, after the Commissioner was gone, he told the Declarant, "He had been with the Lord Drummond; and that thereafter he went and saw the Earl of Breadalbin. And being interrogat, "If he saw any other Person there, and what had passed betwixt them?" Declares, "That Captain (fn. 4) said, he saw none else, except Servants; and that he told him not what passed betwixt the said Lord Drummond and him; but said, that Breadalbin refused to meddle; but would wait, and see how Matters went; that, about Ten Days after the Commissioner was gone, Captain Simon went to England, and the Declarant went with him, and that Major Frazer did also go away with him; that at parting, Captain Simon settled a Correspondence with the Declarant, how they should write to one another; and that Captain Simon should address him Letters to him, by addressing them, "To Major Corbett," with a particular Mark, by which he was to take them up at the Post-office; as he did, without acquainting Major Corbett: That he received only One Letter, which he had not; but that it contained nothing, save that Captain Simon was going for Holland. And they also agreed, that the Declarant should write to Captain Simon, by directing, "To Mr. Tho. Clarke, Apothecary, in Watling-Street, London;" and that he had only wrote One to Captain Simon about his private Affairs: That Captain Simon told him also, at Parting, that the Duke of Atholl and Duke of Hamilton had dispatched Captain James Murray, Brother to the Laird of Stenhope, to the Court of France, to discredit Captain Simon; and Captain Simon also told him, "That he had brought a Letter from Queen Dowager to the Duke of Gordon, which he delivered to Captain John Murray; who told him, the Declarant, he had delivered it to the Duke; but the Duke refused to see or speak with Captain Simon." The Declarant did farther affirm, "That when Captain Simon stayed in Edinburgh, some Days before his going to England, he stayed in his House; and that Glenderall did frequently visit him; and he hath Reason to believe, that Glenderall knows as much of Captain Simon's Affairs in Scotland, or elsewhere, as he doth." He also adds, "That Captain John Murray did likewise several Times visit Captain Simon at his House; and that Captain John told the Declarant, "That he had Letters from Captain Simon for the Countesses of Erroll and Seaforth; and that he had delivered the Letter to the Countess of Erroll, but that the young Countess of Seaforth was at that Time in the North;" and Captain John Murray could not tell whether these Letters were from Captain Simon himself, or only committed to his Trust." The Declarant farther adds, "That Captain Simon told him, That when he was with Lockzeel and Appin, they told him, there was a Design to send Allan Camron, Lockzeel's Son, who is Lieutenant to Captain Grant, to the Court of France, to give an Account of the Condition of Matters in Scotland." And this Declaration, written on this and the Two preceding Pages, the said Captain Neill Macleod declares to be the Truth; and that he is ready to affirm the same, by his great Oath, when he shall be required.

"Subscribitur,

"Neill Macleod.

"Loudon, J. P. D.

"By Order of the Lords of Her Majesty's Privy Council, this is attested to be a true Copy of Captain Neill Macleod's Declaration, by

"Lauderdale."

D. of Queensberry's Papers.

"Duke of Queensberry's Paper, delivered to Her Majesty, January 14th 1703/4;. N 14.

"When the Duke of Queensberry went into Scotland, last Summer, as Her Majesty's Commissioner; amongst other Things, he was ordered to spare neither Money nor Pains, to discover any ill Designs that might be in Scotland, against Her Majesty's Government: Soon after the Meeting of the Parliament, the Earl of Nottingham and Sir Charles Hedges, by the Queen's Order, sent to the Duke of Queensberry a Copy of a Letter from Mr. Stanhope to them; by which it appeared, that great Sums of Money had been remitted out of France, to Amsterdam and Lisle, to be remitted from thence to Scotland and Ireland, mentioning the Persons to whom the Money was payable.

"About this Time, there was a Letter wrote by an Officer of the Garrison of Fort William, or Inverlochy, to the Governor, who was then at Edinburgh, telling him, "That the Highlanders were to draw together, upon a Pretence of Hunting, upon the Second Day of August; and that several great Men were to be present; and that One of the Chieftains of the Clans had ordered Six Hundred of his Men in Arms, and had provided Cloaths for them, so as all the Six Hundred should be in the same Livery." Which Letter was sent to Mr. Nairne, Secretary Depute for Scotland, and is now in his Hands.

"About the same Time, there came over a Multitude of Officers from France, pretending the Benefit of a general Indemnity, which had been granted by Her Majesty several Months before; upon which, many Persons, well - affected to the Government, were alarmed, and believed they came on ill Designs; and there were several other Letters intercepted about that Time, which increased the Suspicion.

"Some Time thereafter, the Duke of Argyle and the Earl of Leven told the Duke of Queensberry, "That there was a Person come from France, who was willing to make great Discoveries, providing that he got his Pardon, and some Establishment for a Maintenance, and that his Name should be kept secret till these were obtained."

"This was Captain Frazer, of Beaufort, a Man unknown to the Duke of Queensberry, and with whom he had never conversed before; he knew, that he was found guilty of a Rape, which made him so earnest for his Pardon.

"The Duke told them, "He would not promise him a Pardon;" but, considering the dangerous Appearances of Affairs in Scotland at that Time, and of what Importance a Discovery might be, he assured these Lords, "That if Frazer would make any valuable Discovery, he should have Money to subsist him in the mean Time; and that his Name should not be revealed, except to the Queen, if She required it."

"Frazer, to convince the Duke of Queensberry and these Lords of the Sincerity of his Intentions, gave an Information, which was put in Writing, and transmitted by the Duke of Queensberry to the Queen, in a Letter; in which he plainly declared, "He could not answer for the Faith or Reputation of the Informer;" and had Her Majesty's Return, approving what he had done, and allowing him to proceed.

"A little after, upon Representation that Frazer's Money was spent, the Commissioner sent him Two Hundred Pounds Sterling, which was carried by Captain Macleod, to whom the Duke never spoke either before or since, and was brought only then to him to receive the Money.

"The Duke was informed of some other Particulars by Frazer, which he communicated to the Queen, in another Letter, and that he had advanced Money to him.

"Frazer engaged to be at London about the same Time the Duke should arrive there; and said, "That he could make the Journey sooner; and that he would employ that Time in finding out some more Intelligence from these Persons who had come lately over from France, and that he would acquaint the Duke with all he could discover when he came to London;" and offered to run the Hazard of returning to France, to make farther Discoveries.

"When Frazer came to London, he told the Duke, "That he had been in Argyleshire, to speak with some of his Friends, in relation to Discoveries;" but of his Design of going to any Part of The Highlands, or of his having been there, the Duke was wholly ignorant till he came to London.

"He said, "That he had discovered, that there were Returns to be made from several Persons in Scotland, to the Messages they had from France; and that these Returns were to be made by Captain James Murray, or the Laird of Glengarie, or both; and that he heard these Informations came from Gideon Murray;" but did not mention One Word of Captain John Murray: He desired the Duke of Queensberry to trust Campbell of Glendarowell in any Thing that concerned him, with whom the Duke had never spoke before his last coming to London; but he seemed to be very zealous to make his Cousin Frazer do all he could for the Queen's Service; and, considering his Education as a Protestant, and his Post in the Army, the Duke did not doubt his Sincerity.

"The Duke communicated to the Earl of Nottingham Frazer's Informations, without naming the Persons; and told him, "That he was willing to go again into France, to make farther Discoveries, in relation to the Returns from Scotland, and the Resolutions in France;" and it was his Lordship's Opinion, that the Person might be more useful in France than here.

"Frazer appeared most hearty and forward to make farther Discoveries; and renewed the Offer he had made formerly, of returning to France, and there to do great Service for the Government, by finding out what Returns had been made from Scotland; and said, "He believed, he might be Master of the original Papers; and that he would return, and discover the Resolutions that should be taken in France, upon the Answers from Scotland; and that he would do such Things for Her Majesty's Service, as should deserve Her Pardon, and an Establishment for his own Subsistence;" which induced the Duke of Queensberry to let him go; considering, that there was then no Evidence to concur with his Discovery, and that the Testimony of such a single Witness could not be regarded, nor Measures taken upon it: And at that Time Sir John Macleane was not apprehended, who makes Frazer a Person far more considerable than he was believed to be; for though he had said great Things of his own Interest and Credit in France, yet that appeared either Vanity, being supported by nothing but his own Assertion, or that he magnified his Interest there, to make his Terms better here; and in these Circumstances he appeared of little Use to us; whereas, if he had been sincere in what he proposed, he might have done great Service to the Government, by the Discoveries he said he was able to make in France."

"The Duke of Queensberry's Paper, Jan. 10th, 1703/4;. N 15.

"He said, That, being under the Lash of the Law here, and his Circumstances desperate, he found himself obliged to try his Fortune in France: And having offered his Service to the late Queen and Her Son; after some Time, She told him, "That She would trust him, and take Care of him." He asked, "To whom he should apply himself, for it was not fit upon all Occasions to trouble Her Majesty." She told him, "That She was not very confident of all the Servants that were about Her; and that my Lord Middleton was not very well with the French Court at that Time; but that She would recommend him to the Pope's Nuncio, who could introduce him to Mr. de Torci." That accordingly he had Access to the Pope's Nuncio, and gave the best Account he could of his Interest here; and made some Proposals for advancing the P. of Wales's Service; which the Nuncio relished well, became favourable to him, and introduced him to M. de Torci, with whom he had several Conversations, in relation to the Affairs of Scotland; and was brought by him to the French King's Closet, where that King discoursed with him before M. de Torci; and afterwards he had an Audience of the French King in His Closet alone, and spoke fully to Him. He pretends to have Marks of great Favour and Confidence, and to be at the Bottom of all that was projected against the Government here; and says, "That in France they did expect that this Country should have been in Arms before now; and that he was made a Major General, in order to his coming over for that End; and that all the other Officers came upon the like Occasion; for D. H. has undertaken to get the Parliament broke here soon after its Meeting, and to draw to the Fields about this Time in the Summer." He says, "That D. H. was to be the chief Man of the Party, though he believes that either the Earls of Marshall or Hume are more trusted at St. Germain's than the D. of H. because that D. had sometimes before failed them, and they have still Thoughts that he may have some Design to set up for himself; however, of late, they have given Orders to all their Friends here to obey him in every Thing and to take no Notice of the different Appearances he might make." He says, "That D. H's Terms were to be D. of Chat.; and since the Estate that belonged to that Dutchy was otherwise disposed of, a considerable Pension, equivalent to the Value of the Estate, was to be settled upon him: He was also to have the Command of the Gens d'Arms Ecossois, and to be made General of all the Forces of this Kingdom." He says, "That there was some Debate about the Command of the Wardenship of the Borders betwixt Scotland and England; for the D. of H. would have the Command of the whole Borders. They were willing to grant him that Part towards Carlisle, which lies nearest to his Interest both in Lancashire and in this Kingdom; but that the Command of the Borders towards Berwick was thought most proper for the Earl of Hume; and does not know if that Matter be yet adjusted." He says, "That the French King did refuse to send Forces into Scotland, as he was desired; but was willing to send what Money they could require; for He could venture that; but could not be sure to get His Men again." He says, "The Money is ready, but believes, little is as yet transmitted; for they did demand it presently; but the French King desires, that there should be a Rising in Arms."

"He says, "The French King and M. de Torci were the more unwilling to send Troops here at present, because the Fleet was in no good Condition; but that, in a Season or Two, they hoped to be Masters of the Sea, and would then invade these Islands; and that they spare no Expence, to prepare a great Fleet; that they had now, as he was told, about 30,000 Men at Work on the Fleet; that they were very confident of the Success of the P. of Wales's Affairs in Scotland; that they did consider, the young Gentleman was grown up, and that it would be long before the Queen would be an old Woman; that they would not stay for Her Death." He says, He is a Protestant, and has some Trouble in his Mind about Popery, and what may fall out to his native Country; but that the Necessity of his Affairs has carried him to the Course he has taken: That he has been considered as capable to do the French Court and the P. of Wales Service here; he received Money in France for his Journey, and is sure that the French King will not spare His Money in our Affairs: That he found those that did not own the last Government were come into the Parliament, and were resolved to have served the Queen, and wait the Event; but now they were directed to follow D. H. wholly, and endeavour to break the Parliament; and that they make their Interest to raise the Country in Arms."

(fn. 5) Who afterwards he explained to be Capt. Ja. Murray, Brother to Sir David Murray of Stanhope.

"He says, "That these Advices were sent with a (fn. 5) Person that came from France about the same Time when he came, which is about a Month ago; that it was not thought fit to charge him with them, because he durst not yet trust himself with D. H. because of the close Connexion between him and his most avowed Enemies. He says, "That the Earl of Perth keeps Correspondence with some in the Queen's Government here; and that many of the great Men of this Nation, and some in the Queen's Service, were making up their Peace at Versailles and St. Germain's." He says, "Before he came away, one Mr. Mackensie was to be sent Express, with Letters from my Lord Perth and others, to some Persons here; that he reckoned the Person to be his Enemy; and, lest he should have discovered his coming over, he acquainted M. de Torci, that such a Man was to be sent by my Lord Perth, with Dispatches to Scotland, without the Participation of the French Court; which he thought was wrong: upon which, Mr. Mackensie was presently put into The Bastile, and was still there when he came away."

"Frazer's Letter to the Duke of Queensberry. N 16.

Frazer's Letter to the D. of Queensberry.

"Sir,

"I give you the Trouble of this Line, to let you know, that we are come safe here, and that your Goods are here safe. I will have a most dangerous Journey before I come to my Garrison, for all the Roads are full of Party Bleaus and Partizans; and the French insult now, because of their last Victory at Spires; it is certain, that we were routed there: We are in Hopes, that the Duke of Savoy will hold out till he can be relieved by his Allies; though we know perfectly that the Duke of Vendosme is within Four Leagues of Turin, and has all Piedmont under Contribution. What I told you, of your chief Scotch Ministers having constant Correspondence with France, is too true; I had it confirmed to me by One of Ta. his own Relations, who is employed in the Embassage: He told me plainly, that Athol and Ta. were resolved to call Home the King. He having discovered himself very soon to be a Jacobite, I convinced him I was one too; and to this Hour he does not know what I am, otherwise it would be very dangerous for me. I extolled Athol and Tarbat to him, and their Party; which wrought so well with him, that I plainly saw all his Entrails: He is a Cousin-German of Tar. come from Oxford, and going to study the Law at Utrecht; his Father is a Man of Estate, and Parliament man for the Shire of Ross; he has no great Sense, and is but young, and, I think, unfit for such an Intrigue; but he is Ta. nearest Relation, and a zealous Jacobite, and that makes them trust him: en fin, he gave me Demonstrations of their Correspondence with Fr. and St. Germain's: He came over with me in the same Ship; and when I was afraid to be known by him, he began on his loyal Theme, which I entertained with a great deal of Passion; and, in giving Account of their Power in Scotland, he gave a whole Hour's Discourse of myself, so that I was obliged to set my Patience and Wit at Work in entertaining a Story of myself. Sir, you know what a Demonstration I gave you before of Ath. and Ta. Knavery; if, after all this, the great Person you have to do with does not believe it, I conclude they are infatuate, and that it is of no Use to tell them any Thing, though never so plain. What Service I did was upon your Account, for I owed none to their Height of Cruelty against me; but, I bless God, I am now out of their Reach, and I do assure you, if I can, they will not Sir John Fenwick me. So, dear Sir, without you can do effectually for me, let me lie dead till I can do for myself; and then they will find, to their Cost, that what I told is true. Trust the Bearer entirely; and I beg you do for him: He is engaged for me; which I hope you will assist him in, if it is not inconvenient to you; if it is, I rather suffer, than that you should be much troubled by me. I have found a Way here how I may correspond with you; but, if you do not Things effectually for yourself and me, I beg you may not command me to write to you; for, if your great Friend do not do me Justice, I will not in any Degree serve him farther than I have done already; and I will endeavour to get myself redressed effectually another Way. I entreat I may have a Line from you, to let me know how Matters go. I hope you will pardon this long Letter, since it is the last I can write to you while I am in this Country, for I design to go out of it To-morrow. If you give your Letter to the Bearer, he will send it safe to me. I am, in Sincerity."

Rotterdam, the 29th Nov'r, 1703.

Frazer's Letter to Campbell.

"Smeaton's Letter to Mr. Moncrife. N 17.

"[Note, By Smeaton is meant Frazer; and by Moncrife is meant Campbell.]

"Paris, the 8th of Jan'y, 1704.

"My dearest Cus,

"I am very much confounded at the Receipt of your Letter! I wish you had been more particular. I received, at the same Time, a kind Letter from Mr. Keith, with Intelligence of all that passed at your Court: I can hardly believe that he can be such a Monster of Nature, as to swear perpetual Friendship to me, to swear eternal Faithfulness to the King, and to tell me, "That his only Design of being great with Ath. was to get him the Deputy Secretary's Place, of Purpose to send us Account of all the Motions of that Court; and that he knew that his Father, and all his near Relations, are engaged with us:" That, in the mean Time, to serve a private End of his own, that is, to be revenged of my Friend, that he should sacrifice his Honour and Conscience, and offer to ruin my Master's Interest, to which he swore Fidelity; and to ruin me, to whom he swore perpetual Friendship: I cannot, for my Part, comprehend how a Man can be guilty of such a gross Villany. I must own, and I do acknowledge, myself mightily in the Wrong to my great Friend, for not telling him that I did converse with Keith: It was to save my Word of Honour, which I gave him, that I should not tell it. I could not shun seeing of him, because his Uncle wrote of me to him; but, by all that's good, I made only Use of seeing him to do my good Friend Service, by knowing the Minds of his Enemies and mine, which I still told him: But, let him be as much Devil as he can, my good Friend may make my Converse rather useful than hurtful to him and his Friends, because his End was to gain me, or get Intelligence from me; and either was better Service than his Enemies can do this Year. Keith cannot say, for his Soul, but I always told him, that my great Friend was an obstinate Enemy to my Master here, and all His Party; which I oft regretted, and which He still cursed them for. All the Hurt of his Designs must be only to me here; but I hope I am so established here with the First Degree of People, that all my Enemies cannot wrong me; and if I cannot do my Friends Service there, I will endeavour to do it here, if the Guise turn. I have what my great Friend thought secured; but I believe it will be of no Use now. However, let me know if I am lost with my great Friend, or not; for, if he and my old Friend L. dislike me, I never will go to Scotland, till my Master goes Home, which will be in Spight of all His Foes. I beg you let me know what is passed in all and how my good Friends are inclined towards me since this fatal Blow: They will certainly think me a Fool; but, I am sure, a true Friend of theirs. Tell me what your Brother does. I am still,

"Your affectionate Cus.

"And true Friend,

"Jo. Smeaton."

Ferguson committed.

Upon reading, this Day, in the House, several Papers relating to the Conspiracy in Scotland:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of Robert Ferguson, and keep him in safe Custody, until farther Order of this House; and that no Person be suffered to speak with him: And this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Then the Papers delivered into this House the First of February Instant, relating to the Scottish Conspiracy, were read, as follows:

"Mr. Keith's Letter to the Earl of Nottingham.

Keith's Letter to the E. of Nottingham:

"My Lord,

"The Circumstances of my private Affairs do at present straiten me to that Degree, that, were it worth your Lordship's Hearing, the very Relation would be some kind of Apology for this Trouble, to a Person of your Lordship's Justice and Goodness; but, since that is not proper, the next best I can make Use of, is not to detain you with a long Narration, but simply to beg that, after your Lordship has revised the enclosed Papers, and made your Judgement of them, whether they be such as can properly be laid before the Council, for their Lordships Information, as well as the Relief of their Petitioner, that then your Lordship would have the Goodness to use them as you shall think fit, for obtaining the humble Request of,

"My Lord,

December 23, 1703.

"Your Lordship's

"Most humble and most obedient Servant,

"Will. Keith."

"Mr. Keith's Petition and Declaration.

His Petition to the Council:

"To the most Honourable the Lords of Her Majesty's Cabinet Council.

"The humble Petition and Representation of William Keith Esquire;

"Sheweth,

"That your Lordships Petitioner, having been called and questioned before your Lordships, concerning very abominable Practices, whereof he is not only innocent, but absolutely ignorant;

"Humbly begs Leave to lay before your Lordships the Declaration herewith subjoined, which your Petitioner, under a very close Confinement, hath drawn up, for your Lordships more distinct and particular Information, at One View, of all that he knows, and wherewith alone he can be justly charged; patiently waiting for a Vindication of his true Loyalty and Affection to Her Majesty and the Government, as well from your Lordships impartial Inquiry and Justice in this Matter, as from the Truth itself.

"That, though your Petitioner be ready to submit, with all Chearfulness, to whatsoever your Lordships shall think fit to order, concerning his farther Confinement or Liberty; yet he hopes it will be thought no Breach of his Submission and Duty, humbly to represent to your Lordships Goodness and charitable Consideration, that this, the only Confinement ever he was under, is not only like to prove very prejudicial to his weak Constitution of Health, but also fatal to a little private Business of his own, that was to be perfected this Christmas, upon which his future small Fortune and Estate in the World altogether depends, and which will be utterly ruined and lost to him, without your Lordships special Goodness and Consideration.

"May it therefore please your Lordships, with Goodness and Compassion, as well as Justice, to take under your Consideration, the Case of your humble Petitioner, with all its unfortunate Circumstances; and to release him from his present Consinement, as soon as in your Lordships Wisdom and Justice you shall think fit.

"And your Petitioner shall ever pray."

His Declaration concerning the Plot.

"To the most Honourable the Lords of Her Majesty's Cabinet Council.

"The Declaration of William Keith Esquire, of all that he knows in relation to Captain Frazer, or any other Matters upon which he has been questioned.

"1. That the said William Keith was Two several Times with the said Captain Frazer, Once at his Lodgings, and Once at the Tavern, is Truth.

"2. The said Frazer having sent for him by a Note, without any Name or Subscription; he does declare, that, until he was in the Room with the said Frazer, he did not know who he was to meet with, or who had sent for him.

"3. That the said Frazer, taking him aside to a Corner of the Room, made an Apology for this Message to Mr. Keith, whom he acknowledged he had no Acquaintance of; but hearing that Mr. Keith had some Interest with the Duke of Athol, whom he had unfortunately disobliged, and finding that his miserable and pitiful Condition was no other Way retrieveable but by a Reconciliation with the said Duke; he hoped that Mr. Keith would have the Goodness and Charity to intercede for him with his Grace the Duke of Athol, and endeavour to commence a Correspondence betwixt them; which Mr. Keith absolutely refusing, he then said to Mr. Keith, "That he was in his Power; but hoped, that he would not discover him, and betray his Life." To which Mr. Keith answered, "That he was sorry he had seen him; but, however, that to be an Informer against Men's Lives was none of his Business." Which, Mr. Keith declares, was all that passed the First Meeting.

"4. Some Days after, the said Frazer sent another Message to Mr. Keith, begging earnestly, "That he would come and speak one Word with him at the Tavern;" which Mr. Keith complied with, being to go that Day to the City about other Business of his own: And when he came, all that Frazer's Request amounted to was, "That Mr. Keith would advise him, or put him upon some Method of getting a Conference, or Correspondence, with the Duke of Athol." Which Mr. Keith not only refused also, but told him positively, "He would not see him any more." Upon which, Frazer saluted him, and asked his Commands for Holland; adding, "That, since he could not secure himself, neither in Scotland nor England, he must fly to a Commonwealth." Upon which, Mr. Keith asked him, "When he had been in Scotland?" He answered, "That he was but lately come from thence." Upon which, Mr. Keith asked him farther, "If in Scotland he had heard any Thing of Emissaries from France, or plotting against the Government, as was surmised here by some People?" He declared to the contrary, "That he had never heard of any such Thing; nor did he much concern himself with any News, while his own Circumstances were so miserable." After which, Mr. Keith left him; and does declare, "That this is the whole Truth and Import of his Meeting with the said Captain Frazer." All which Mr. Keith voluntarily came and communicated to the Duke of Athol and the Earl of Nottingham, upon the happy Discovery of the said Frazer's Villany and Behaviour.

"And, finally, Mr. Keith does declare, "That whatever sinistrous Practices or Intentions, to disturb the Peace and Quiet of Her Majesty's happy Government, may be charged upon Captain Frazer, or any Man else, they are not only altogether inconsistent with Mr. Keith's Knowledge, but contradictory to his known Principles, Inclinations, and Interest.

"Whatever therefore is, or shall be, alledged to the contrary of this Declaration, either adding to, or taking from the same, in the least Article thereof, Mr. Keith doth justly affirm, and will maintain it, to be a manifest Untruth and Falsehood; as is particularly that horrible Contrivance of Letters against him; as also its being alledged or asserted, that ever he received a Letter from any Man under the Name of Hill, or that ever he had a Thought of corresponding, either by Word or Writ, with any Man disaffected to the present Government, or that bore any such Character as does that Monster, whose insatiable Malice has been the Cause or Instrument at least of all this Villany and Contrivance against Mr. Keith, though perhaps it has had a farther Prospect."

"Lord Advocate's Letter.

Lord Advocate's Letter.

"My Lord,

Sess, 25 Dec'r, 1703.

"Since my last, I have examined Mr. Macleod on all the Interrogatories, and have also had him before the Committee; and this Morning his Papers were searched: In his Examinations, he hath made farther Discoveries of an intended Invasion, and what Simon told him of the Encouragements he had from France; and how he was to ply his Friends in the North, and get from them the Assurances the French Court required; and how he had been in the North, and spoke with Lochiel and Appin; and that they minded to send Glengarie to France, in the Name of very considerable Persons; and how, upon his Return, he saw the Commissioner and Leven; and that Money (Two Hundred Pounds) was given him, and he settled a Correspondence with Mr. Macleod. But, because we were not satisfied he had told all, the Committee would not close his Examination; but, in respect of his Indisposition, and that his Papers might be first seen, adjourned him till Monday only. I made a Note of all his Confession, as my Lord Justice Clerk hath done; and I suppose he will send your Lordship his. But I forbear, till the Examination be closed on Monday; because, now that his Papers are seen, and that we have got Letters that make out a close Correspondence betwixt him and Beaufort, in the Year 1702; and that I hear he is minded to write, and be very ingenuous; I am hopeful to have a full Account of all he can say, which shall be transmitted under his Hand, by an Express. It is also ordered, that the Two Lochiels and Appin be secured; and that Major Frazer and the Two Murrays be searched for. Your Lordship will be informed of what else has passed by my Lord Justice Clerk, till you have the Committee's full Account; and I only give you the Trouble of this Line, that Her Majesty may know nothing is omitted, to defeat and discover this Plot, that is in our Power; for though I know Simon and all his Party, yet as we are circumstantiat, both weak and divided, nothing should be omitted, to prevent our Danger; and I hope Her Majesty and Ministers here apprehend it as it deserves. I am,

"My Lord,

"Your Lordship's

"Most humble and most obedient Servant,

"Ja. Steuart."

Mayor of Folkstone's Letter, that he had secured Sir J. Maclean and Family, on their landing from France.

"For Her Majesty's Service.

"To the Right Honourable the Earl of Nottingham, Principal Secretary of State,

"Whitehall.

"With a Bag of Papers.

"Right Honourable Sir,

"May it please your Lordship,

"Yesterday, about Four in the Afternoon, Sir John Macleane, of the Kingdom of Scotland, Baronet, his Lady, her Sister, and his Two Children, and Three Servants, and Five others hereunder named, were landed from Calais, out of a Folkestone Fisher-boat, that for some Time had lain there as a Prize, as by a Copy of the Master's Examination enclosed your Lordship may be pleased to understand. I was present at their coming ashore, and took Care to have them secured; and they shall remain in Custody here, until your Lordship's Pleasure concerning them shall be known. What Letters and Papers they had I have herewith sent your Lordship, and shall act as your Honour shall direct. My Lord,

"Your Lordship's most dutiful and

"most obedient Servant,

"John Jordan, Mayor.

"Dated at Folkestone, under the Seal of the Office of Mayoralty, this 9th Day of Nov. 1703.

"Sir John Macleane Baronet, his Lady, and his Two Children; Mrs. Frances Foske, Mr. Forrest Ashfield, Alexander Macpha'son, Sir and his Wife, said to be Sir John's Servants; Mr. Edmond Johnson; Mr. Richard Barker and Robert Pulinger his Man; Mrs. Mary Busby."

"Earl of Cromerty's Letter to the Earl of Nottingham.

E. of Cromertie's Letter about Sir J. Macleane.

"My Lord,

"I received this enclosed Letter from Sir John Macleane. I endeavoured to have waited upon * your Lordship Thrice since I received it, that I might have told you how he, being a young Child in Nonage, was engaged with the Lord Dundee; and since, has passed his Time very ill, and apparently is now desirous to become a good Subject; else he would not be so desirous of coming into your Hands. What he expects is, to be brought up hither; and since it is upon a voluntary Delivery of himself, I presume he will meet with a suitable Treatment. I know not who brought his Letter to me, nor how to send him a Return. It is likely, be what he writes, that he is a Prisoner, and desires not to be released till he see your Lordship; and until he come, I can give you no more Trouble concerning him. I am, my Lord,

"Your Lordship's

Whitehall, Nov. 13th, 1703.

"Most obedient humble Servant,

"Cromerty."

(fn. 5) Memorandum, There were several other Papers delivered in, which, not relating to the Conspiracy, the Lords thought not fit to be inserted.

"A Narrative by Mr. Mackenzie, given in to the Earl of Nottingham, Secretary of State.

Mr. Mackenzie's Narrative.

"My Father sent me to Oxford, to prosecute my Studies; and there he continued me a Year and some few Months: I came from it about the Middle of October last; and when the Earl of Cromerty came for London, I waited on him, according to my Father's Order, to be advised by him (I being to go to Holland) what Studies I was to follow, and what Time I should stay there. Accordingly, my Lord gave me his Advice, and desired me to wait for the Convoy's going back, which came over with the Duke of Marlborough; and he promised to get me an Order from the Admiralty, to let me go in One of the Men of War; and he told me, "He was promised it;" but when I went to see what Time the Ships were to go, I was told, "that they were gone." Then I went down to Gravesend, to try if I could get aboard any of them without a Pass. I was directed to a House there; the Landlord said, "He would secure me of a Ship to go in;" and so I saw the Master, and accordingly he consented to it. I went on board the 16th November, and there. were some Gentlemen who called themselves my Countrymen; I was very glad to see them, since I wanted known Company. So, after we set Sail, One of the Gentlemen said to me, "You that are Country Gentlemen need pass the Seas but Once or Twice, but Soldiers must go almost every Year." And I said, "I hoped, if I got safe back to England, I should scarce cross the Seas again." I talking a little after this Manner, he shewed me his Pass, and there I saw some Names writ down; the First, which he took to himself, was John Campbell; the Second, Monroe; the other Two passed as Servants, under the Names of Dunkinson and Forbes; and so Mr. Campbell, as he called himself, said, "He dared not to write down Captain Campbell, for Fear of Argyle's getting Notice of it, because he promised to break him, if ever he could; and so, since he stayed some Time longer than his Furlough, he intended to keep private till he should come to his Regiment, which, he said, belonged to Sir David Collier; but, he said, he had no great Pleasure in staying there since the King's Death, who was to have given him a Regiment, if He had lived, for the singular Service he did that Regiment, in getting a great many Recruits to it; but from the Queen he needed not expect Preferment, since She was a Woman that did not respect Merit." I said, "That I was not much conversant in Military Affairs; but, as to what I heard in England, all People said, that the Queen was not in the least inferior to King William, in giving every Man his Due." He answered, "That they were mistaken that said so." Then I said, "The Generality of England are mistaken, for any Thing I could ever hear." After this, he began to talk of the Union; and said, "Scotland could never be happy, if united with England." I begged his Pardon in that, and told him, "I differed from him." He said, "He wished they would unite with his old Masters The States of Holland;" and the Master of the Ship agreed with him in that. I said, "It may be the Hollanders will fit my Humour better than I expect; but, for any thing I ever heard of them, they would never agree with my Humour so well as any Thing that is in Britain." And then, after he asked what I was, and that I told him, he began to ask me, "If I knew Simon Frazer of Beaufort?" I said, "I did;" little thinking that he was the Man I spoke to; and I believe that scarce any body could know him, that saw him then, if they suspected nothing. He asked, "What my Opinion was of him?" I said, "I thought him a great Fool, since he took Advice from those who advised to so illegal and extravagant Things." He said, "He thought him so too." After speaking on several such little and private Things, we at length arrived at Rotterdam, where we were recommended to a private House of one, a Potter by Trade; so he advised me to go along with him. I was willing, since all Places were strange to me alike; and so we went; and after we all sat down, I saw, in the Room to which we were conducted, one Campbell of my Acquaintance, and I told him of it; so he immediately went out, and left Mr. Munroe and Mr. Dunkinson behind, and desired me to go with him, for, if he staid in that House, he would be ruined. At which I went, and, after a great deal of Travel, we found a French House, where we got a Bed that Night and Supper; and that Night at Supper he spoke with Passion against the Duke of Argyle, and said, "He would fight for King James to be alike with Argylc." He sent Mr. Monroe next Day to one Frazer's House, at Rotterdam, a Wine-merchant, to get a private Room, if he had it, for him; and Frazer came the same Day; and when he saw him, he saluted him "Captain Campbell," and told him, "He had no Rooms to let; but, if he would come this Night at Six of the Clock, he would give him a good Bottle of Wine;" and the Captain promised he would come, and bring me along with him, but desired to be private. And so the Captain trusted me that Night there, since he could not promise to meet me sooner, because he was to go to his French Banker, whom he called by a great many ill Names, because he did not answer him his Bill, before he got his Letter of Advice: And so, about Six a Clock, I met him at Frazer's House; and there was with him one Mr. Munroe an Officer in the Army, and one Mr. Abercromy Merchant at Rotterdam; and there passed nothing but general Things that Night. We drank our Friends Health; and Mr. Munroe drank to him Argyle's Health, which he would not pledge; but he drank my Lord Seaforth's and the Earl of Cromerty's Healths to me; and this was all I heard him speak of the Earl of Cromerty; save at first, when I told him what I was, he said, "He knew several of my Friends;" and the Earl of Cromerty was One of them he named. After he came Home, he and Mr. Munroe his Companion fell to speak French, and I did not understand them; but after he had done, I asked him privately, "What the Matter was?" He told me, "He was angry at himself, because he had sent Mr. Munroe to that Frazer's House; and he was angry at Mr. Munroe, because he had told Frazer where he lodged, for Frazer was such a one that he could conceal nothing; for, said he, I was surprized to see all that Company there when I came in; but I hope, since I desired them, they will keep it private." I asked him, "What Munroe was?" He told me, "He was an Angus or Aberdeen's Man, he did not know which; for Munroe, said he, scarce knows what he is himself, because he came from his Father's House at 16 Years of Age, and went to Italy and Germany, and served in the German Service, and was made a Major in it; but, upon an unhappy Quarrel betwixt him and One of the Officers, whom he killed, he was obliged to run for it, and came to the French Service; but, for some Discontent, he relinquished that also, and intended to go for Portugall with the new King of Spain, being recommended to Him by a great many English Noblemen; but he was with Him a good Time, and was kept by Him as a Companion, for He loved his Company well." Next Morning I was obliged to go about some Business; and I told him, "I was to go for The Hague that Night;" and before Dinner, I came and took my Leave of him; and there I left him, after he promised, "He would send a Letter for me to Utrecht, when it was safest to come to the next Campaign."

"This is all the Discourse that passed, for any Thing I can remember; and I did not suspect him in the least to be Simon Frazer of Beaufort, until I received the Earl of Cromerty's Letter; and I know no more of him since.

"If your Lordships desire to ask me any more Questions, I am ready to answer so far as I know.

"Sworn before me, this First Day of February, 1703.

"Nottingham."

"Mr. Mackenzie's Examination.

Mr. Mackenzie's Examination.

"Mr. Mackenzie being asked, "Whether the Earl of Cromerty, by Word, Writing, or any Manner of Way, employed him, or any other to his Knowledge, to correspond, or to convey this Correspondence to any in or employed by the late Queen, or pretended Prince of Wales, at St. German's, or with or to any other Person or Persons employed in or by them or their Ministers, the Earl of Middleton or others?"

"He answered, "No."

"Whether he did tell to, or inform Simon Frazer, in the Ship as he went to Holland, or in Holland after they landed, of the Earl of Cromerty's Correspondence, or Resolution to correspond, or to serve the said Queen, or pretended Prince of Wales, any Manner of Way?"

"He answered, "No."

"If the Earl of Cromerty desired him to say so, or what Grounds he had from him to say so?"

"He answered, "No."

"What Discourse passed betwixt Mr. Frazer and him, of the Earl of Cromerty, or of his Correspondence with the aforesaid Persons."

"He answered, "All his Discourse was contained in his Affidavit."

"Mr. Campbell's further Examination.

Mr. Campbell's further Examination.

"Campbell being again examined, upon the Occasion of a Letter intercepted, which was writ to him from Paris, from Sim. Frazer, dated Jan. 8th:

"He said, "He had writ Three Letters to Frazer, with the Privity of the Duke of Queensberry, since Frazer went away, and before he himself was apprehended."

"In the First, he told Frazer, "That the Letter of the late Queen, which he left with the Duke of Queensberry, had the Superscription in a different Hand from the Letter, and therefore it was of less Weight;" and he told him, "His Brother was come hither."

"In the Second, he told him, "That all was discovered; and he suspected Keith to have done it."

"The Third was only a Kind of Duplicate of the Second.

"And, upon reading Frazer's Letter of the Eighth, he said, "That Keith had told him (Campbell), "That he aimed at the Deputy Secretary's Place, by the Means of the Duke of Athol."

"That Keith was to give Account of all that passed here; and Frazer told Campbell, "That Keith was to correspond with him."

"And Keith said, "That he should in that Place be more capable of serving his Friends."

"Deposition of Mr. Oliphant.

Oliphant's Depositions.

"Sir Alexander Macleane told me, "That Captain Simon Frazer had, by the Interest of his Friends about Saint German's, prevailed with the late Queen to write Letters to several Noblemen in Scotland, particularly One to the Duke of Hamilton, and One to the Duke of Athol, as being of great Interest, not very well with the present Government; and if they did not comply with the Design, to inform against them, as corresponding with that Court. And Frazer got a Gift, or written Assurance, of so much of the Duke of Athol's Estate, as should make up all his own and his Friends Losses in the Affair of the Lordships of Lovat.

"And Captain Frazer's Design, at least his Promise, was to raise all The Highland Clans; and got a Commission for the same, with a Warrant to use such as would not comply in an hostile Manner. His farther Security was, to be supported by Troops coming under Command of the Duke of Berwick. He was to come from France by the Way of Flanders, and receive his last Instructions from the Duke of Berwick; and upon his Return to France again, after having been in Scotland, he was to receive the Money that was to be employed for raising The Highlands; but his not coming through Flanders, made Sir Alex. believe, that he had been only tricking, to get some Money for himself.

"Sworn before me, January 14th, 1703/4;,

Pat. Oliphant.

"Nottingham."

"Affidavit of Mr. Oliphant.

"I came from France in May 1703; from Paris to Dine, from Dine to Brudges; and going from Brudges to Sluce in Flanders, was taken by a French Party, and returned back to Brudges; and after having been Prisoner there some Time, the Governor ordered me to go by Mareschal Villeroy's Army; otherwise, if I were again made Prisoner, to be at my Hazard. After coming to Villeroy's Army, I obtained a Trumpet to go to my Lord Duke of Marlborough's Army; after having left the Consederate Army, I was taken up by the Governor of Breda, for Want of a Dutch Pass; and on a Letter of the Duke of Marlborough set at Liberty. After being at Liberty, I came to Leyden, where I stayed several Months, and then came hither.

"Sworn before me,

January 14th, 1703/4;,

Pat. Oliphant.

"Nottingham."

"Mr. Keith's Letter to the Earl of Nottingham.

Mr. Keith's Letter to the E. of Nott.

"My Lord,

"Though I might reasonably expect that my late Sufferings and cruel Treatment should sufficiently declare and vindicate my Innocence to all the World; yet I still find that some Men are so artful and diligent in the Pursuit of my injured Reputation and Character, that I cannot but shrewdly suspect their cunning Endeavours point at something of greater Moment than my Ruin, which never can be thought worthy of so much Pains and Labour.

"It is therefore that I presume to give your Lordship here, in Writing, an Account of all this Affair, so far as it relates to myself, or is consistent with my Knowledge; all which though I have already declared at several Times before the Council, yet perhaps it may not be out of the Way to resume it in my own Words, so as your Lordship, at One View, may be fully informed of the real Truth.

"Your Lordship must know then, that Captain Frazer, Ten Weeks ago, or thereabouts, sent Two or Three Times to my Lodgings, to desire "that I would come and speak to a Gentleman;" but, being always abroad when the Messenger came, I at length found a Note to the same Purpose, without any Subscription; which I obeyed, not knowing all this Time who it was that sent for me. I was no sooner come into the Room, but Frazer discovered himself to me, with all the pitiful Circumstances of his Affairs in relation to the Duke of Athol's Family; begging it as an Act of Charity, "That I would contrive to bring the Duke and him together; or commence some Correspondence, in order to an Accommodation betwixt them, without which he must starve; and to obtain which, he was ready to do any Thing that could be proposed." But, in my Refusal of this Undertaking, I shewed so much Resentment of what he had done to my Lord Athol's Family, that at last his Request was only, "That I would not discover him;" which, according to my Apprehension of Things, is so disagreeable to the Character of a Gentleman, that yet I should be apt to do the same for any Man that would throw himself in my Mercy, and who I understood to be condemned only for a private Crime, without being guilty of Treason, or any ill Design against the Government. However, it seems, this gentlemany and generous Behaviour of mine to Frazer gave him some Encouragement, to renew his Requests unto me about my Lord Atholl; which was the Occasion of my meeting several Times with him, till at length I was forced to tell him, "That any farther Trouble of that Kind would oblige me to take some other Course than I at first intended;" which I believe did not a little frighten him, and consequently delivered me from such disagreeable Company.

"Now, this being all the Truth that can be alledged or charged against me, I shall leave the World to judge, whether I have not met with great Hardships.

"As for any Letters that have been, or may be, writ about me; they are so false and ridiculous in themselves, as well as upon the account of the villainous Contrivance for which they have been intended and produced, that I never thought it worth my while to regard them: Nor can I think it possible they should bear Weight with any reasonable Man; especially when it is considered, that I have been prosecuted as much by those whom I reckoned my Friends, as my Enemies; destitute of all Favour, but what the Letter and strict Sense of the Law afforded me; so that I must certainly have suffered, had there been any legal Proof to be adduced against me.

"But, to shun Reflections, and not weary your Lordship with a long Narration, I shall only say, that now a very little Time will demonstrate to the World how much I have been injured and wronged; especially with regard to my Duty and true Affection to Her Majesty the Queen and Her Government, in whose Service I do not at all despair of recovering that loyal Character which I always aimed at, and which is the great Ambition of, my Lord,

"Your Lordships's most humble and most obedient Servant,

Jan. 29th, 1704.

"Will. Keith."

Papers concerning the Conspiracy to be considered.

After reading this Day several Papers delivered into this House, in relation to the Conspiracy in Scotland:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will take into their farther Consideration the other Papers relating to this Matter, To-morrow, at Twelve a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Hitherto examined by us,

Stamford.
Sunderland.
Lucas.
Somers.

Footnotes

  • 1. Bis in Originali.
  • 2. Deest in Originali; vide p. 397. b. 442. b. 458. a.
  • 3. Sic.
  • 4. Sic.
  • 5. Deest in Originali.