to the proposal; but, as Fraser's character was infamous, he doubted his veracity. He was, therefore, sent back to Scotland with two other persons, who were instructed to learn the strength and sentiments of the clans, and endeavour to engage some of the nobility in the design of an insurrection. Fraser no sooner returned, than he privately discovered the whole transaction to the duke of Queensberry, and undertook to make him acquainted with the whole correspondence between the pretender and the jacobites. In consequence of this service he was provided with a pass, to secure him from all prosecution; and made a progress through the highlands, to sound the inclination of the chieftans. Before he set out on this circuit, he deli vered to the duke a letter from the queen dowager, at St. Germains, directed to the marquis of Athol: it was couched in general terms, and superscribed in a different character; so that, in all probability, Fraser had forged the direction, with a view to ruin the marquis, who had prosecuted him for the injury done to his sister. He proposed a second journey to France, where he should be able to discover other more material circumstances; and, the duke of Queensberry procured a pass for him to go to Holland from the earl of Nottingham, though it was expedited under a borrowed name. The duke had communicated his discovery to the queen, without disclosing his name, which he desired might be concealed: her majesty believed the particulars, which were confirmed by her spies at Paris, as well as by the evidence of sir John Maclean, who had lately been convoyed from France to England in an open boat, and apprehended at Folkstone. This gentleman pretended at first, that his intention was to go through England to his own country, in order to take the benefit of the queen's pardon; and this, in all probability, was his real design; but being given to understand that he would be treated in England as a traitor, unless he should merit forgiveness, by making important discoveries, he related all he knew of the proposed insurrection. From his informations the ministry gave directions for apprehending one Keith, whose uncle had accompanied Fraser from France, and knew all the intrigues of the court of St. Germains. He declared, `that there was no other design on foot, except that of paving

the way for the pretender's ascending the throne after the queen's decease. Ferguson, that veteran conspirator, affirmed that Fraser had been employed by the duke of Queensberry to decoy some persons whom he hated into a conspiracy, that he might have an opportunity to effect their ruin; and by the discovery establish his own credit, which began to totter. Perhaps there was too much reason for this imputation. Among those who were seized at this time was a gentleman of the name of Lindsay, who had been under secretary to the earl of Middleton. He had returned from France to Scotland, in order to take the benefit of the queen's pardon, under the shelter of which he came to England, thinking himself secure from prosecution. He protested he knew of no designs against the queen or her government; and that he did not believe she would ever receive the least injury or molestation from the court of St. Germains. The house of lords having received intimation of this conspiracy, resolved, that a committee should be appointed to examine into the particulars; and ordered, that sir John Maclean should be next day brought to their house. The queen, who was far from being pleased with this instance of their officious interposition, gave them to understand by message, that she thought it would be inconvenient to change the method of examination already begun ; and that she would in a short time inform the house of the whole affair. On the seventeenth day of December the queen went to the house of peers, and having passed the bill for the land tax, made a speech to both houses, in which she declared, that she had unquestionable information of ill practices and designs carried on by the emissaries of France in Scotland. The lords persisting in their resolution to bring the inquiry into their own house, chose their select committee by ballot; and in an address, thanked her majesty for the information she had been pleased to communicate.

§ III. The commons taking it for granted that the queen was disobliged at these proceedings of the upper house, which, indeed, implied an insult upon her ministry, if not upon herself, presented an address, declaring themselves surprised to find, that when persons suspected of treasonable practices were taken into custody by her ma

jesty's messengers, in order to be examined, the lords, in violation of the known laws of the land, had wrested them out of her hands, and arrogated the examination solely to themselves; so that a due inquiry into the evil practices and designs against her majesty's person and government might, in a great measure, be obstructed. They earnestly desired, that she would suffer no diminution of the prerogative; and they assured her they would to the utmost of their power, support her in the exercise of it at home, as well as in asserting it against all invasions whatsoever. The queen thanked them for their concern and assurances; and was not ill pleased at the nature of the address, though the charge against the peers was not strictly true; for there were many instances of their having assumed such a right of inquiry. The upper house deeply resented the accusation. They declared, that by the known laws and customs of parliament, they had an undoubted right to take examinations of persons charged with criminal matters, whether those persons were, or were not in custody. They resolved, that the address of the commons was unparlia mentary, groundless, without precedent, highly injurious to the house of peers, tending to interrupt the good correspondence between the two houses, to create an ill opinion in her majesty of the house of peers, of dangerous consequence to the liberties of the people, the constitution of the kingdom, and privileges of parliament. They presented a long remonstrance to the queen, justifying their own conduct, explaining the steps they had taken, recriminating upon the commons, and expressing the most fervent zeal, duty, and affection to her majesty. In her answer to this representation, which was drawn up with elegance, propriety, and precision, she professed her sorrow for the misunderstanding which had happened between the two houses of parliament, and thanked them for the concern they had expressed for the rights of the crown and the prerogative; which she should never exert so willingly as for the good of her subjects, and the protection of their liberties.

§ IV. Among other persons seized on the coast of Sussex, on their landing from France, was one Boucher, who had been aide-de-camp to the duke of Berwick. This

man, when examined, denied all knowledge of any conspir acy: he said, that being weary of living so long abroad, and having made some unsuccessful attempts to obtain a pass, he had chosen rather to cast himself on the queen's mercy, than to remain longer in exile from his native country. He was tried and condemned for high treason, yet continued to declare himself ignorant of the plot. He proved, that in the war of Ireland, as well as in Flanders, he had treated the English prisoners with great humanity. The lords desisted from the prosecution; he obtained a reprieve, and died in Newgate. On the twenty-ninth day of January the earl of Nottingham told the house, that the queen had commanded him to lay before them the papers containing all the particulars hitherto discovered of the conspiracy in Scotland; but that there was one circumstance which could not yet be properly communicated, without running the risk of preventing a discovery of greater importance. They forthwith drew up and presented an address, desiring, that all the papers might be immediately submitted to their inspection. The queen said she did not expect to be pressed in this manner immediately after the declaration she had made: but in a few days the earl of Nottingham delivered the papers sealed, to the house, and all the lords were summoned to attend on the eighth day of February, that they might be opened and perused. Nottingham was suspected of a design to stifle the conspiracy. Complaint was made in the house of commons, that he had discharged an officer belonging to the late king James, who had been seized by the governor of Berwick. A warm debate ensued, and at length ended in a resolve, That the earl of Nottingham, one of her majesty's principal secretaries of state, for his great ability and diligence in the execution of his office, for his unquestionable fidelity to the queen and her government, and for his steady adherence to the church of England as by law established, highly merited the trust her majesty had reposed in him. They ordered the speaker to present this resolution to the queen, who said she was glad to find them so well satisfied with the earl of Nottingham, who was trusted by her in so considerable an office. They perused the examinations of the witnesses which were laid before them, without passing

judgment, or offering advice on the subject: but they thanked her majesty for having communicated those particulars, as well as for her wisdom and care of the nation. While the lords proceeded with uncommon eagerness in their inquiry, the lower house, in another address, renewed their complaints against the conduct of the peers, which they still affirmed was without a precedent. But this was the language of irritated faction, by which indeed both sides were equally actuated.

V. The select committee of the lords prosecuted the inquiry, and founded their report chiefly on the confession of sir John Maclean, who owned that the court of St. Germains had listened to Lovat's proposal; that several councils had been held at the pretender's court on the subject of an invasion; and that persons were sent over to sound some of the nobility in Scotland. But the nature of their private correspondence and negotiation could not be discovered. Keith had tampered with his uncle to disclose the whole secret; and this was the circumstance which the queen declined imparting to the lords, until she should know the success of his endeavours, which proved ineffectual. The uncle stood aloof; and the ministry did not heartily engage in the inquiry. The house of lords having finished these examinations, and being warmed with violent debates, voted, that there had been dangerous plots between some persons in Scotland and the courts of France and St. Germains; and, that the encouragement for this plotting arose from the not settling the succession to the crown of Scotland in the house of Hanover. These votes were signified to the queen in an address; and they promised, that when the succession should be thus settled, they would endeavour to promote the union of the two kingdoms upon just and reasonable terms. Then they composed another representation, in answer to the second address of the commons touching their proceedings. They charged the lower house with want of zeal in the whole progress of this inquiry. They produced a great number of precedents, to prove that their conduct had been regular. and parliamentary; and they, in their turn, accused the commons of partiality and injustice in vacating legal elections, The queen, in answer to this remonstrance, said,