"That she was glad to find they were well fatisfied with the Anne. "earl of Nottingham, who was trufted by her in fo con- 1703-4. "fiderable a poft." The examinations of the prisoners being alfo fent to the house of commons, they heard them read, but paffed no judgment upon them, nor did they offer any advice to the queen upon this occafion; they only fent them back to the queen, with thanks for communicating them, and for her wisdom and care of the nation: It was thought ftrange, ta fee a business of this nature treated fo flightly, by a body that had looked, in former times, more carefully to things of this kind; especially, fince it had appeared, in many inftances, how dextrous the French were in raifing diftractions in their enemy's country: It was evident, that a negotiation was begun, and had been now carried on for fome time, for an army that was to be fent from France to Scotland; upon this, which was the main of the discovery, it was very amazing to fee, that the commons neither offered the queen any advice, nor gave her a vote of credit, for any extraordinary expence, in which the progrefs of that matter might engage her; a credit fo given might have had a great effect, towards defeating the defign, when it appeared how well the queen was furnished to refift it: This coldness, in the house of commons, gave great and juft ground of fufpicion, that those who had the chief credit there, did not act heartily, in order to the defeating all fuch plots, but were willing to let them go on, without check or oppofition. But the lords, on the day appointed, refolved to take the plot into confideration, and examine the whole matter fully. They began with reading the papers laid before them, the most material of which was drawn up by the earl of Nottingham, intitled, An account of the confpiracy in Scotland." It was an abstract of all the examinations the council had taken (b). Some took great excep (b) This paper more at large was: "That the earl of Nottingham had information of fome defigns of an infurrection in Scotland, to be fupported with money, arms, and men from France, with which he acquainted the queen, who, having received the like informations from the duke of Queenfberry, commanded him to com municate thefe matters to his Anne. exceptions at it, as drawn on defign to make the affair appear 1703.4. more inconfiderable than they believed it to be. The fubftance zealous in doing fervice to her majefty, that he was willing to go again into France, and to fend from time to time, or even to bring intelligence of the further progress of the French defigns, with which he was fure he fhould be trufted, as he had been formerly. That his grace faid, he accordingly defigned to fend him; which the earl of Nottingham approved, and acquainted the queen with this converfation with the duke of Queensberry. That, on the 10th of November 1703, the earl of Nottingham had an account, that Sir John Maclean, with others, were in cuftody at Folkstone, as coming out of France without leave; and that the fame day he received a letter, as did alfo the earl of Cromarty, from Sir John Maclean, intimating, that at his landing he had furrendered himself, and defired he might be brought before the earl, to give an account of his coming. That, Sir John being accordingly fent for in cuftody, and examined, he faid, That he had long defired to come home, and had often afked leave by his friends, without fuccefs; but now, hearing of the indemnity granted by the queen to her Scottish fubjects, he gladly laid hold of it, being weary of the hardships he endured in France, where he could not fubfift with his allowance. That he never had any poft, either in court or army, and he refolved to live quiet at . 6 home, in hopes of fome favour from her majefty, in confide'ration of the fufferings of his family for their loyalty.' But being told, that, though this was a very specious reprefentation of his cafe, yet it was impoffible to believe, that this was all, or the true defign of his coming, fince he had delayed coming many months after he knew of the indemnity; Sir John Maclean, upon this, pretended sickness, and that he now came in fo much haste, that he brought his wife who had lain-in but eleven days; adding, 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 pur pofe to bring him to England.' That, this increafing the earl's fufpicion, Sir John Maclean was told, that however indemnified he might be in Scotland, he was ftill liable to the act of parliament in England, which made it treafon to come hither from France: And that he must expect the rigour of the law, being fo juftly, from the abovementioned circumflances, to be fufpected of ill defigns. That thereupon he faid, He would tell the earl all he knew, upon affurance of his pardon, and being treated like a gentleman, fo as not to be required to appear in public, as an evidence against any perfon:' of which, by the queen's orders, he being affured, he then told the earl of Nottingham, That, in July, ' 1702, ftance of the whole was, that there were many meffages be- Anne. tween the courts of St Germain's and Verfailles, with rela 1703-4. tion forces, that might be fent against them, and give time to the Highland clans to affem⚫ble and come to them, and ⚫ form and increase the army, to be fuperior to all the queen's forces in Scotland. That, ta facilitate this defign, five hun 1702, the lord Lovat came to France, and told Sir John ‹ Maclean, that he had matters ⚫ of great importance to communicate to the queen at St. • Germain's, but required a promife from her, not to reveal any thing of what he fhould fay to any of her minifters.dred men were to be fent from That, this being granted, Sir · John Maclean, carried him to the queen, as he did afterwards by her direction, to monfieur Torcy, to whom, as before to the queen, he said, that he was come from the Highlands of Scotland, where he had difcourfed with many heads of clans, particularly • Breft, to feize the fort of Inver- • Stewart of Apin, Sir Ewin Ca-partly because the French king meron, Sir Daniel Macdonal, could not fpare his troops, partly because his fleet was not in a condition to oppose the English; partly because he did not entirely rely on the lord • Lovat's information and affurances, and partly, that he might fee the event of the Scottish parliament, by which he might judge of the difpo⚫fition of the Scots, as well as by fome further enquiry, which he intended to make. That therefore Lovat was fent back in May laft, with captain Frazer and captain John Murray, who had long been in the 'French fervice, with orders to come back, as foon as the Scots parliament was ended, ⚫ and others, from whom he might retreat, and, in the mean time, make a fland, and oppofe any of the queen's numbers might be relied upon Anne. tion to the affairs of Scotland; the court of Versailles was 1703-4. willing to fend an army to Scotland, but they defired to be well aflured of the affiftance they might expect there; in order to which, fome were fent over, according to what France had told the duke of Queenfberry; fome of the papers were writ in gibberish, fo the lords moved, that a reward fhould be offered, to any who fhould decypher these. When the lords afked the earl of Nottingham, if every thing was laid before him, he answered, That there was only one particular kept from them; because they were in hopes of at ⚫ray was also fent to Scotland, fon, a banker, formerly fent ́to duke Hamilton, was, at his ⚫ return, put into the Baftile; ⚫ which was thought to be occa⚫fioned by the duke's not trufting him, and to prevent a difcovery, there being fo many ⚫ factions at St. Germain's, that nothing was kept a fecret.' That afterwards, upon a further examination, Sir John Maclean recollected the names of the perfons, 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 rife, if the French would fupport them. That, the queen having commanded the earl of Nottingham to acquaint the duke of Queensberry with what Sir John Maclean had discovered, his grace thereupon told the earl, that this Frazer was the perfon, who disclosed to him fome matters of this nature, with which he had acquainted the queen, but that he had not told her majefty his name, being under a folemn 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 them. That Frazer was gone to France, and had promised to send an account of all the French defigns, and would come back, whenever any thing of moment happened, or that his grace fhould require him. Whereupon the duke of Queensberry was defired to call him back, for he was more likely to do harm than good, by an intelligence, that could be expected from so ill a man." This account contained, in the next place, the duke of Athol's proceedings with the earl of Nottingham, with the fubftance of Campbel's, Clarke's, Keith's, and Ferguson's examinations. Anne. difcovery, that was like to be of more confequence than all the reft: So, after the delay of a few days, to fee the iffue 1703-4. of it, which was Keith's endeavours to perfuade his uncle (who knew every step that had been made, in the whole progrefs of this affair) to come in and difcover it, when they were told there was no more hope of that, the lords ordered the committee, which had examined Boucher, to examine into all these difcoveries. Upon this the commons, who expreffed a great uneafinefs at every step the lords made in that matter, went with a new address to the queen, infifting on their former complaints, against the proceedings of the lords, as a wrefting the matter out of the queen's hands, and the taking it wholly into their own; and they prayed the queen to refume her prerogative, thus violated by the lords, whofe proceedings they affirmed to be without a precedent. The feven lords went on with their examinations, and after fome days, they made a report to the house; Maclean's confeffion was the main thing; it was full and particular; he named the perfons that fate in the council at St. Germain's; ho faid, the command was offered to the duke of Berwick, which he declined to accept, till trial was made whether duke Hamilton would accept of it, who, he thought, was the proper perfon; he told likewife, what directions had been fent to hinder the settling the fucceffion in Scotland; none of which particulars were in the paper, that the earl of Nottingham had brought to the house of his confeffion. It was further obferved, that all the reft, whofe examinations amounted ta little, were obliged to write their own confeffions, or, at leaft, to fign them: But Maclean had not done this; for, after he had delivered his confeffion by word of mouth to the earl of Nottingham, that lord wrote it all from his report, and read it to him the next day; upon which he acknowledged, it contained a full account of all he had faid. Maclean's discovery to the lords was a clear series of all the counfels and meffages, and it gave a full view of the debates and opinions in the council at St. Germain's, all which was omitted in that, which was taken by the earl of Nottingham, and his paper concerning it was both fhort and dark; there was an appearance of truth, in all that Maclean told, and a regular procefs was fet forth in it. Upon these obfervations, thofe lords, who were not fatisfied with the earl of Nottingham's paper, intended to have paffed a cenfure upon it, as imperfect. It was said, in the debate that followed this motion, either Maclean was asked, who was to command the army to be fent into Scotland, or he |