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1703. 4. the act made against corresponding with France, and sen

tenced to die. Being carried to Tyburn, he was told by Stale the sheriff, that he must expect no mercy, unless he actrials. knowledged his crime, and discovered what he knew of the

conlpiracy. But, as it was believed, upon a secret inti. mation, that he was to be reprieved, he still continued obstinate a id mute, and was carried back to Newgate, where he continued prisoner for fome years, and then, being banished the kingdom, he died in Holland in a very miserable condition. The truth is, whether, as some were of opinion, the ministry found the queen inclined to favour the friends of the court of St. Germains ; or whether they themselves were unwilling to irritate the Scots at this critical juncture ; it is most certain, that, even af, ter the removal of the earl of Nottingham, the farther discovery of the plot was prosecuted with great tenderness or negligence (a).

However

(al of this there are the “ they all embarked for Scotfollowing instances. Towards “ land, to the number of fif. the end of June 1704. Captain“ teen or sixteen gentlemen, Francis Lacan, late of the lord “ with three ladies, the same Galway's regiment of foot in “ day that captain Lacan Piedmont, and who, in king “ failed from the Brill for Eng. James's time, had been an en- “ land with the retinue of an lign in Dumbarton's regiment, envoy from the duke of Sacame over from Holland, and “ voy.” Mr. secretary Harley upon oath delivered an infor- having communicated this inmation in writing to Mr. fe- formation to the lord-treasurer, cretary Harley, importing in orders were immediately difsubstance, “ That fir George patched to Scotland to seize “ Maxwell, captain Leving- fir George Maxwell and his fol“ fton, captain Hayes, and le- lowers; which was accordingly “ veral other Scotch cfficers, done just upon their landing. “ who came from the court of But though, by what had al“ St. Germains to Holland, ready appeared before the com.

near a year and a half be. mittee of the lords and other “ fore, after having held fe- concurring evidences, it was veral private consultations plain that they came with a de. “ in divers suspicious places lign to raise commotions in “ in the neighbourhood of Scotland, yet they were soon “ the Hague ; and fir George after set at liberty; and fir “ having in vain endeavoured George Maxwell was not only “ to get a pass from Mr. Stan. permitted to come to London, “ hope, the queen's envoy, but highly carefied by some

great

Burnet.

However the duke of Queensberry's management of the 1703.4. plot was so liable to exception, that it was not thought fit to employ him any longer in the adminiftration of Scot. Affairs of land ; and it seems, he had likewise brought himself un- Scotland. der the queen's displeafure; for it had been proposed by some of his friends in the house of lords, to desire the queen to communicate to them a letter, which the duke had wrote to her of such a date. This looked like an examination of the queen herself, to whom it ought to have been left, to send what letters she thought fit to the houte, and they ought not to call for any one in particular. The matter of this letter made him liable to a. very severe cenfure in Scotland; for, in plain words, he charged the majority of the parliament, as determined in their proceedings by an influence from St. Germains. This exposed him in Scotland to the fury of a parliament; for, how true foever this might be, such a representation of a parliament to the queen, especially in matters, which could not be proved, was, by the laws of that kingdom, leasingmaking, and a capital crime.

The chief design of the court, in the festion of the Scotch parliament this summer, was to get the fuccesfion of the crown to be declared, and a supply to be given for the army, which was run into a great arrear. In the debates of the former feflion, thofe, who opposed everything,

A 3

more

great men.

As for captain La- life, readily discovered all he can, though his information knew, and who among other proved so true and exact, that particulars acquainted Mr. sehis zeal and diigence were at cretary with the constant corfirit-greatly extolled, both by respondence of the duke of the lord treasurer and the se. Hamilton with the court of St. cretary; and though he did Germains, was lil:ewife sent to farther service to the govern- Holland with Lacan upon some ment, by seizing, in St. James's idle business, for fear, as it is park, a young Irish gentleman, probable, that he should relate sately a retainer to the court of how easily he had escaped, or of St. Germains; yet, after he what little ftrefs was laid on his had attended daily at the secre- discoveries. At the same time tary's office for above three came over from France, wich. months, and consumed his small out a pass, one of the daughters substance, he was sent back to of fir Theophilus Oglethorpe, Holland, without any other and, confequently, lay at the recompence than empty pro. mercy of the government, but mises. Nor was this all, for was never brought into trouble the Irish youth, who to save his on that account.

1703-4. more particularly the declaring the succession, had in list

ed chiefly on motions to bring their own constitution to
such a settlement, that they might fuffer no prejudice
by their king's living in England. 'Mr. James Johnston,
who had been secretary of state for Scotland under king
William, was now taken into the administration, and
made lord-register in the room of fir James Murray of
Philiphaugh. He proposed, in concert with the marquis
of Tweedale and fome others in Scotland, that the queen
hould impower 'her commisioner to consent to a revival
of the whole settlement made by king Charles I. in the
year 1641. By that the king named a privy-council, and
his ministers of state in parliament, who had a power to
accept of, or to except to the nomination, without being
bound to give the reason for excepting to it. In the in-
tervals of parliament, the king was to give all employ-
ments with the consent of the privy council. This was
the main point of that settlement, which was looked up-
on by the wiseft men of that time as a full security to all
their laws and liberties. It did indeed divest the crown of
a great part of the prerogative, and it brought the par-
liament into some equality with the crown.
upon the reprchentation made to her by her minifters, of-
fered this as a limitation upon the successor, in case they
would settle the succeflion, as England had done ; and,
for doing this, the marquis of Tweedale was named her
commillioner. The qucen also signified her pleasure very
positively to all who were employed by her, that he ex-
pected they should concur in settling the fucceffion, as
they detired the continuance of her favour. Both the
duke of Marlborough and the lord-treasurer Godolphin
expressed themselves very fully and positively to the fame
purpose. Yet it was artfully furnised and spread about
by the jacobites, and too easily believed by jealous and
cautious people, that the court was not sincere in this
matter, or ac beft indifferent as to the success. Some
went further,' and said, that those, that were in a parti-
ticular confidence at court, secretly opposed it, and en-
tered into a management or design to obstruct it. There
did not appear any good ground for this suggestion ; yet
there was matter enough for jealousy to work on, and this
„was carefully improved by the jacobites, in order to defeat
the design and they were put in hopes, in case of a rup-

ture,

The queen,

However the duke of Queensberry's management of the 1703.4. plot was so liable to exception, that it was not thought fit to employ him any longer in the administration of Scot- Affairs of land; and it seems, he had likewise brought himself un- Scotland,

Burnet. der the queen's displeafure ; for it had been proposed by some of his friends in the houfe of lords, to desire che queen to communicate to them a letter, which the Juke had wrote to her of fuch a date. This looked like an examination of the queen herself, to whom it ought to have been left, to send what letters she thought fic to the house, and they ought not to call for any one in particular. The matter of this letter made him liable to a very severe cenfure in Scotland ; for, in plain words, he charged the majority of the parliament, as determined in their proceedings by an influence from St. Germains. This exposed him in Scotland to the fury of a parliament; for, how true foever this might be, such a representation of a parliament to the queen, especially in matters, which could not be proved, was, by the laws of that kingdom, leasingmaking, and a capital crime.

The chief design of the court, in the sesfion of the Scotch parliament this summer, was to get the fuccellion of the crown to be declared, and a supply to be given for the army, which was run into a great arrear. In the debates of the former session, thofe, who opposed every thing,

A 3

more

As for captain La- life, readily discovered all he can, though his information knew, and who among other proved so true and exact, that particulars acquainted Mr. sehis zeal and diligence were accretary, with the constant corfrit greatly extoiled, both by respondence of the duke of the lord treasurer and the se. Hamilton with the court of St. cretary ; and though he did Germains, was liliewife sent to farther service to the govern. Holland with Lacan upon some ment, by seizing, in St. James's idle business, for fear, as it is park, a young Irish gentleman, probable, that he should relate sately a retainer to the court of how easily he had escaped, or of St. Germains; yet, after he what little itreis was laid on bis had attended daily at the secre- discoveries. At the same time tary's office for above three came over from France, with. months, and consumed his small out a pass, one of the daughters substance, he was sent back to of fir Theophilus Ogiethorpe, Holland, without any other and, consequently, lay at the recompence than empty pro- mercy of the government, but miles. Nor was this all, for was never brought into trouble the Irish youth, who to save his on that account.

was

1703-4. more particularly the declaring the succession, had infift

ed chiefly on motions to bring their own constitution to
such a fettlement, that they might suffer no prejudice
by their king's living in England. Mr. James Johnston,
who had been secretary of state for Scotland under king
William, now taken into the administration, and
made lord-register in the room of fir James Murray of
Philiphaugh. He proposed, in concert with the marquis
of Tweedale and some others in Scotland, that the queen
should impower her commisioner to consent to a revival
of the whole fettlement made by king Charles I. in the
year 1641. By that the king nained a privy-council, and
his minifters of state in parliament, who had a power to
accept of, or to except to the nomination, without being
bound to give the reason for excepting to it. In the in-
tervals of parliament, the king was to give all employ-
ments with the consent of the privy council. This was
the main point of that settlement, which was looked up-
on by the wiseft men of that time as a full security to all
their laws and liberties. It did indeed divest the crown of
a great part of the prerogative, and it brought the par-
liament into fome equality with the crown.
upon the reprefentation made to her by her ministers, of-
fered this as a limitation upon the fucceffor, in case they
would settle the succession, as England had done ; and,
for doing this, the marquis of Tweedale was named her
commillioner. The queen also signified her pleasure very
positively to all who were employed by her, that the ex-
pected they fhould concur in settling the succession, as
they detired the continuance of her favour. Both the
duke of Marlborough and the lord-treasurer Godolphin
expressed themselves very fully and positively to the fame
purpose. Yet it was artfully surmised and spread about
by the jacobites, and too easily believed by jealous and
cautious people, that the court was not sincere in this
matter, or at best indifferent as to the success.

Some went further,' and said, that those, that were in a partiticular confidence at court, secretly opposed it, and entered into a management or design to obstruct it. There did not appear any good ground for this suggestion ; yet there was matter enough for jealousy to work on, and this was carefully improved by the jacobites, in order to defeat the design; and they were put in hopes, in case of a rup

ture,

The queen,

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