CHAPTER VII. The Commons revive the Bill against occasional Conformity-Conspiracy trumped up by Simon Frazer, Lord Lovat-The Lords present a Remonstrance to the QueenThe Commons pass a Vote in favor of the Earl of Nottingham-Second Remonstrance of the Lords-Further Disputes between the two Houses-The Queen grants the First Fruits and the Tenths to the poor Clergy-Inquiry into Naval Affairs-Trial of Lindsay-Meeting of the Scottish Parliament-Violent Opposition to the Ministry in that Kingdom-Their Parliament pass the Act of Security -Melancholy Situation of the Emperor's Affairs-The Duke of Marlborough marches at the head of the Allied Army into Germany-He defeats the Bavarians at Schellenberg-Fruitless Negotiation with the Elector of Bavaria-The Confederates obtain a complete Victory at Hochstadt-Siege of Landau-The duke of Marlborough returns to England-State of the War in different Parts of Europe -Campaign in Portugal-Sir George Rooke takes Gibraltar, and worsts the French Fleet in a battle off Malaga-Session of Parliament in England-An Act of Alienation passea against the Scots-Manor of Woodstock granted to the Duke of Marlborough—Disputes between the two Houses on the Subject of the Aylesbury Constables-The Parliament dissolved-Proceedings in the Parliament of Scolland-They pass an Act for a Treaty of Union with England-Difference between the Parliament and Convocation in Ireland-Fruitless Campaign on the MoselleThe Duke of Marlborough forces the French Lines in Brabant-He is prevented by the Deputies of the State from attacking the French Army-He visits the Imperial Court of Vienna-State of the War on the Upper Rhine, in Hungary, Piedmont, Portugal and Poland-Sir Thomas Dilkes destroys part of the French Fleet, and relieves Gibraltar-The Earl of Peterborough and Sir Cloudesley Shovel reduce Barcelona-The Earl's surprising Progress in Spain-New Parliament in England—Bill for a Regency in case of the Queen's Decease-Debates in the House of Lords upon the supposed Danger to which the Church was exposed -The Parliament prorogued-Disputes in the Convocation-Conferences opened for a Treaty of Union with Scotland-Substance of the Treaty. BILL AGAINST OCCASIONAL CON divisions, a motion was made in the house FORMITY. of commons for renewing the bill against WHEN the parliament met in October, occasional conformity, and carried by a the queen in her speech took notice of the great majority. In the new draft, however, declaration by the duke of Savoy, and the the penalties were lowered, and the severtreaty with Portugal, as circumstances ad- est clauses mitigated. As the court no vantageous to the alliance. She told them, longer interested itself in the success of that although no provision was made for the this measure, the house was pretty equally expedition to Lisbon, and the augmentation divided with respect to the speakers, and of the land forces, the funds had answered the debates on each side were maintained so well, and the produce of prizes been so with equal spirit and ability: at length it considerable, that the public had not run in passed, and was sent up to the lords, who debt by those additional services: that she handled it still more severely. It was ophad contributed out of her own revenue to posed by a small majority of the bishops, the support of the circle of Suabia, whose and particularly by Burnet of Sarum, who firm adherence to the interest of the allies declaimed against it, as a scheme of the padeserved her seasonable assistance. She pists to set the church and Protestants at said, she would not engage in any unneces- variance. It was successively attacked by sary expense of her own, that she might the duke of Devonshire, the earl of Pemhave the more to spare towards the ease of broke, the lords Haversham, Mohun, Ferher subjects. She recommended dispatch rars, and Wharton. Prince George of and union, and earnestly exhorted them to Denmark absented himself from the house; avoid any heats or divisions that might give and the question being put for a second encouragement to the common enemies of reading, it was carried in the negative; yet the church and state. Notwithstanding this the duke of Marlborough and lord Godoladmonition, and the addresses of both phin entered their dissent against its being houses, in which they promised to avoid all rejected, though the former had positively VOL. III. 18 CONSPIRACY OF LORD LOVAT. declared, that he thought the bill unseason-berry procured a pass for him to go to Hol able. The commons having perused a copy land from the earl of Nottingham, though of the treaty with Portugal, voted forty it was expedited under a borrowed name. thousand men, including five thousand ma- The duke had communicated his discovery rines, for the sea service of the ensuing to the queen, without disclosing his name, year; and a like number of land forces, to which he desired might be concealed: her act in conjunction with the allies, besides majesty believed the particulars, which the additional ten thousand; they likewise were confirmed by her spies at Paris, as resolved, that the proportion to be employed well as by the evidence of Sir John Macin Portugal should amount to eight thou- lean, who had lately been conveyed from sand. Sums were granted for the mainte- France to England in an open boat, and apnance of these great armaments, as well as prehended at Falkstone. This gentleman for the subsidies payable to her majesty's pretended at first, that his intention was to allies; and funds appointed equal to the oc- go through England to his own country, in casion. Then they assured the queen, in order to take the benefit of the queen's an address, that they would provide for the pardon; and this, in all probability, was his support of such alliances as she had made, real design; but being given to understand or should make, with the duke of Savoy. that he would be treated in England as a traitor, unless he should merit forgiveness, AT this period the nation was alarmed by by making important discoveries, he related the detection of a conspiracy said to be all he knew of the proposed insurrection. hatched by the jacobites of Scotland. Simon From his informations the ministry gave diFrazer, lord Lovat, a man of desperate en-rections for apprehending one Keith, whose terprise, profound dissimulation, abandoned uncle had accompanied Frazer from France, morals, and ruined fortune, who had been and knew all the intrigues of the court of outlawed for having ravished a sister of the St. Germain's. He declared that there was marquis of Athol, was the person to whom no other design on foot, except that of the plot seems to have owed its origin. He paving the way for the pretender's ascendrepaired to the court of St. Germain's, ing the throne after the queen's decease. where he undertook to assemble a body of Ferguson, that veteran conspirator, affirmed twelve thousand highlanders to act in favor that Frazer had been employed by the duke of the pretender, if the court of France of Queensberry to decoy some persons would assist them with a small reinforce- whom he hated into a conspiracy, that he ment of troops, together with officers, arms, might have an opportunity to effect their ammunition, and money. The French king ruin; and by the discovery establish his own seemed to listen to the proposal; but, as credit, which began to totter. Perhaps Frazer's character was infamous, he doubted there was too much reason for this imputahis veracity. He was, therefore, sent back tion. Among those who were seized at this to Scotland with two other persons, who time was a gentleman of the name of Lindwere instructed to learn the strength and say, who had been under-secretary to the sentiments of the clans, and endeavor to en-earl of Middleton. He had returned from gage some of the nobility in the design of France to Scotland, in order to take the an insurrection. Frazer had no sooner re- benefit of the queen's pardon, under the turned, than he privately discovered the shelter of which he came to England, thinkwhole transaction to the duke of Queens- ing himself secure from prosecution. He berry, and undertook to make him acquaint- protested he knew of no designs against the ed with the whole correspondence between queen or her government; and that he did the pretender and the jacobites. In conse- not believe she would ever receive the least quence of this service he was provided with injury or molestation from the court of St. a pass, to secure him from all prosecution; Germain's. The house of lords having reand made a progress through the highlands, ceived intimation of this conspiracy, reto sound the inclination of the chieftains. solved, that a committee should be appointBefore he set out on this circuit, he deliv-ed to examine into the particulars; and orered to the duke a letter from the queen dered that Sir John Maclean should be next dowager at St. Germain's, directed to the day brought to their house. The queen, marquis of Athol: it was couched in gen- who was far from being pleased with this eral terms, and superscribed in a different instance of their officious interposition, gave character; so that, in all probability, Frazer them to understand by message, that she had forged the direction, with a view to thought it would be inconvenient to change ruin the marquis, who had prosecuted him the method of examination already begun; for the injury done his sister. He proposed and that she would in a short time inform a second journey to France, where he the house of the whole affair. On the sevenshould be able to discover other more mate-teenth day of December the queen went to rial circumstances: and the duke of Queens-the house of peers, and having passed the bill for the land tax, made a speech to both which had happened between the two houses, in which she declared, that she had houses of parliament, and thanked them for unquestionable information of ill practices the concern they had expressed for the and designs carried on by the emissaries of rights of the crown and the prerogative; France in Scotland. The lords persisting which she should never exert so willingly in their resolution to bring the inquiry into as for the good of her subjects, and the protheir own house, chose their select commit- tection of their liberties. tee by ballot; and in an address, thanked her majesty for the information she had been pleased to communicate. Among other persons seized on the coast of Sussex, on their landing from France, was one Boucher, who had been aid-deA REMONSTRANCE TO THE QUEEN. camp to the duke of Berwick. This man, THE Commons taking it for granted that when examined, denied all knowledge of the queen was disobliged at these proceed- any conspiracy: he said, that being weary ings of the upper house, which, indeed, im- of living so long abroad, and having made plied an insult upon her ministry, if not some unsuccessful attempts to obtain a pass, upon herself, presented an address, declar- he had chosen rather to cast himself on the ing themselves surprised to find, that when queen's mercy, than to remain longer in persons suspected of treasonable practices exile from his native country. He was were taken into custody by her majesty's tried and condemned for high treason, yet messengers, in order to be examined, the continued to declare himself ignorant of the lords, in violation to the known laws of the plot. He proved, that in the war of Ireland, land, had wrested them out of her hands, as well as in Flanders, he had treated the and arrogated the examination solely to English prisoners with great humanity. themselves; so that a due inquiry into the The lords desisted from the prosecution; evil practices and designs against her ma- he obtained a reprieve, and died in Newjesty's person and government might, in a gate. On the twenty-ninth day of January great measure, be obstructed. They earn- the earl of Nottingham told the house, that estly desired, that she would suffer no di- the queen had commanded him to lay beminution of the prerogative; and they as fore them the papers containing all the parsured her they would, to the utmost of their ticulars hitherto discovered of the conspiracy power, support her in the exercise of it at in Scotland; but that there was one cirhome, as well as in asserting it against all cumstance which could not yet be properly invasion whatsoever. The queen thanked communicated, without running the risk of them for their concern and assurances; and preventing a discovery of greater importwas not ill pleased at the nature of the ad- ance. They forthwith drew up and predress, though the charge against the peers sented an address, desiring, that all the was not strictly true; for there were many papers might be immediately submitted to instances of their having assumed such a their inspection. The queen said she did right of inquiry. The upper house deeply not expect to be pressed in this manner resented the accusation. They declared, immediately after the declaration she had that by the known laws and customs of par- made: but in a few days the earl of Notliament, they had an undoubted right to tingham delivered the papers, sealed, to the take examinations of persons charged with house, and all the lords were summoned to criminal matters, whether those persons attend on the eighth of February, that they were, or were not, in custody. They re- might be opened and perused. Nottingham solved, that the address of the commons was was suspected of a design to stifle the conunparliamentary, groundless, without pre- spiracy. Complaint was made in the house cedent, highly injurious to the house of of commons, that he had discharged an offipeers, tending to interrupt the good corre-cer belonging to the late king James, who spondence between the two houses, to create had been seized by the governor of Berwick. an ill opinion in her majesty of the house A warm debate ensued, and at length endof peers, of dangerous consequence to the ed in a resolve, that the earl of Nottingham, liberties of the people, the constitution of one of her majesty's principal secretaries the kingdom, and privileges of parliament. of state, for his great ability and diligence They presented a long remonstrance to the in the execution of his office, for his unqueen, justifying their own conduct, ex- questionable fidelity to the queen and her plaining the steps they had taken, recrimi- government, and for his steady adherence nating upon the commons, and expressing to the church of England as by law estabthe most fervent zeal, duty, and affection lished, highly merited the trust her majesty to her majesty. In her answer to this re- had reposed in him. They ordered the presentation, which was drawn up with speaker to present this resolution to the elegance, propriety, and precision, she pro-queen, who said, she was glad to find them fessed her sorrow for the misunderstanding so well satisfied with the earl of Notting They ham, who was trusted by her in so consid-DISPUTES BETWEEN THE TWO HOUSES. erable an office. They perused the exam- THE lords and commons, animated by inations of the witnesses which were laid such opposite principles, seized every opbefore them, without passing judgment, or portunity of thwarting each other. An acoffering advice on the subject: but they tion having been brought by one Matthew thanked her majesty for having communi- Ashby against William White, and the cated those particulars, as well as for her other constables of Aylesbury, for having wisdom and care of the nation. When the denied him the privilege of voting in the lords proceeded with uncommon eagerness last election, the cause was tried at the asin their inquiry, the lower house, in another sizes, and the constables were cast with address, renewed their complaints against damages. But an order was given in the the conduct of the peers, which they still queen's bench to quash all the proceedings, affirmed was without a precedent. But since no action had ever been brought on this was the language of irritated faction, that account. The cause being moved by by which indeed both sides were equally writ of error into the house of lords, was actuated. argued with great warmth: at length it The select committee of the lords prose- was carried by a great majority, that the cuted the inquiry, and founded their report order of the queen's bench should be set chiefly on the confession of Sir John Mac- aside, and judgment pronounced according lean, who owned that the court of St. Ger- to the verdict given at the assizes. The main's had listened to Lovat's proposal: commons considered these proceedings as that several councils had been held at the encroaching on their privileges. pretender's court on the subject of an inva- passed five different resolutions, importing, sion; and that persons were sent over to that the commons of England in parliament sound some of the nobility in Scotland. But assembled had the sole right to examine the nature of their private correspondence and determine all matters relating to the and negotiation could not be discovered. right of election of their own members: Keith had tampered with his uncle to dis- that the practice of determining the qualificaclose the whole secret; and this was the tions of electors in any court of law would circumstance which the queen declined im- expose all mayors, bailiffs, and returning parting to the lords until she should know officers, to a multiplicity of vexatious suits, the success of his endeavors, which proved and insupportable expenses, and subject ineffectual. The uncle stood aloof: and them to different and independent jurisdicthe ministry did not heartily engage in the tions, as well as to inconsistent determiinquiry. The house of lords having finished nations in the same case, without relief: these examinations, and being warmed with that Matthew Ashby was guilty of a breach of violent debates, voted, that there had been privilege, as were all attorneys, solicitors, dangerous plots between some persons in counsellors, and sergeants at law, soliciting, Scotland and the courts of France and St. prosecuting, or pleading, in any case of the Germain's; and, that the encouragement same nature. These resolutions, signed by for this plotting arose from the not settling the clerk, were fixed upon the gate of the succession to the crown of Scotland in Westminster-hall. On the other hand, the the house of Hanover. These votes were lords appointed a committee to draw up a signified to the queen in an address; and state of the case; and, upon their report, they promised, that when the succession resolved, that every person being wilfully should be thus settled, they would endeavor hindered to exercise his right of voting, to promote the union of the two kingdoms might maintain an action in the queen's upon just and reasonable terms. Then courts against the officer by whom his vote they composed another representation, in should be refused, to assert his right, and answer to the second address of the com- recover damage for the injury: that an asmons touching their proceedings. They sertion to the contrary was destructive of charged the lower house with want of zeal the property of the subjects, against the in the whole progress of this inquiry. They freedom of elections, and manifestly tended produced a great number of precedents, to to the encouragement of partiality and corprove that their conduct had been regular ruption: that the declaring of Matthew and parliamentary; and they, in their turn, Ashby guilty of a breach of privilege of the accused the commons of partiality and injus- house of commons was an unprecedented tice in vacating legal elections. The queen, attempt upon the judicature of parliament, in answer to this remonstrance, said, she and an attempt to subject the law of Englooked upon any misunderstanding between land to the votes of the house of commons. the two houses as a very great misfortune Copies of the case, and these resolutions, to the kingdom; and that she should never were sent by the lord-keeper to all the omit anything in her power to prevent all sheriffs of England, to be circulated through occasions of them for the future. all the boroughs of their respective counties. THE QUEEN'S BOUNTY TO THE POOR ers; but these were rejected by the commons. The peers adhering to their amendOn the seventh day of February, the ments, the bill dropped, and the commission queen ordered secretary Hedges to tell the expired. No other bill of any consequence house of commons, that she had remitted passed in this session, except an act for the arrears of the tenths to the poor clergy: raising recruits, which empowered justices that she would grant her whole revenue of the peace to impress idle persons for solarising out of the first fruits and tenths, as diers and marines. On the third day of far as it should become free from encum- April the queen went to the house of peers, brance, as an augmentation of their main- and having made a short speech on the tenance that if the house of commons usual topics of acknowledgment, unity, could find any method by which her inten- and moderation, prorogued the parliament tions to the poor clergy might be made to the fourth day of July. The division still more effectual, it would be an advantage to continued between the two houses of conthe public, and acceptable to her majesty. vocation; so that nothing of moment was The commons immediately brought in a transacted in that assembly, except their bill, enabling her to alienate this branch of address to the queen upon her granting the the revenue, and create a corporation by first fruits and tenths for the augmentation charter, to direct the application of it to the of small benefices. At the same time, the uses proposed: they likewise repealed the lower house sent their prolocutor with a statute of mortmain, so far as to allow all deputation to wait upon the speaker of the men to bequeath by will, or grant by deed, house of commons, to return their thanks to any sum they should think fit to give to- that honorable house for having espoused the wards the augmentation of benefices. Ad- interest of the clergy; and to assure them dresses of thanks and acknowledgment that the convocation would pursue such from all the clergy of England were pre- methods as might best conduce to the supsented to the queen for her gracious boun- port, honor, interest, and security of the ty: but very little regard was paid to Bur- church as now by law established. They net, bishop of Sarum, although the queen sent up to the archbishop and prelates dideclared that prelate author of the project. He was generally hated, either as a Scot, a low-churchman, or a meddling partisan. vers representations, containing complaints, and proposing canons and articles of reformation: but very little regard was paid to their remonstrances. TRIAL OF LINDSAY. INQUIRY INTO NAVAL AFFAIRS. IN March an inquiry into the condition of the navy was begun in the house of ABOUT this period the earl of Nottingham, lords. They desired the queen in an ad- after having ineffectually pressed the queen dress to give speedy and effectual orders, to discard the dukes of Somerset and Devonthat a number of ships sufficient for the shire, resigned the seals. The earl of Jerhome service should be equipped and man- sey and Sir Edward Seymour were disned with all possible expedition. They re- missed: the earl of Kent was appointed solved, that admiral Graydon's not attacking chamberlain, Harley secretary of state, and the four French ships in the channel, had Henry St. John secretary of war. The disbeen a prejudice to the queen's service, and covery of the Scottish conspiracy was no a disgrace to the nation: that his pressing sooner known in France, than Louis ordered men in Jamaica, and his severity towards Frazer to be imprisoned in the Bastile. In masters of merchant vessels and transports, England, Lindsay being sentenced to die for had been a great discouragement to the in- having corresponded with France, was given habitants of that island, as well as prejudi- to understand, that he had no mercy to excial to her majesty's service; and they pre- pect, unless he would discover the conspirasented an address against him, in conse- cy. He persisted in denying all knowledge quence of which he was dismissed. They of any such conspiracy; and scorned to save examined the accounts of the earl of Ox- his life by giving false information. In orford, against which great clamor had been der to intimidate him into a confession, the raised; and taking cognizance of the re- ministry ordered him to be conveyed to Tymarks made by the commissioners of the burn, where he still rejected life upon the public accounts, found them false in fact, ill- terms proposed: then he was carried back grounded, and of no importance. The to Newgate, where he remained some years: commons besought the queen to order a at length he was banished, and died of hunprosecution on account of ill practices in ger in Holland. The ministers had been the earl of Ranelagh's office: and they sent so lukewarm and languid in the investigaup to the lords a bill for continuing the tion of the Scottish conspiracy, that the commission on the public accounts. Some whigs loudly exclaimed against them as alterations were made in the upper house, disguised jacobites, and even whispered inespecially in the nomination of commission- sinuations, implying, that the queen herself |