State trials. 1703 4. the act made against correfponding with France, and fentenced to die. Being carried to Tyburn, he was told by the fheriff, that he must expect no mercy, unless he acknowledged his crime, and difcovered what he knew of the colpiracy. But, as it was believed, upon a fecret intimation, that he was to be reprieved, he still continued obftinate and mute, and was carried back to Newgate, where he continued prifoner for fome years, and then, being banifhed the kingdom, he died in Holland in a very miferable condition. The truth is, whether, as fome were of opinion, the miniftry 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 moft certain, that, even after the removal of the earl of Nottingham, the farther difcovery of the plot was profecuted with great tenderness or negligence (a). However (a) Of this there are the following inftances. Towards the end of June 1704. Captain Francis Lacan, late of the lord Galway's regiment of foot in Piedmont, and who, in king James's time, had been an enfign in Dumbarton's regiment, came over from Holland, and upon oath delivered an information in writing to Mr. fecretary Harley, importing in fubftance, "That fir George "Maxwell, captain Leving fton, captain Hayes, and fe"veral other Scotch officers, "who came from the court of "St. Germains to Holland, 66 near a year and a half be"fore, after having held fe veral private confultations "in divers fufpicious places "in the neighbourhood of "the Hague; and fir George having in vain endeavoured "to get a pafs from Mr. Stan "hope, the queen's envoy, envoy from the duke of Savoy." Mr. fecretary Harley having communicated this information to the lord-treasurer, orders were immediately dif patched to Scotland to feize fir George Maxwell and his followers; which was accordingly done juft upon their landing. But though, by what had already appeared before the committee of the lords and other concurring evidences, it was plain that they came with a defign to raife commotions in Scotland, yet they were foon after fet at liberty; and fir George Maxwell was not only permitted to come to London, but highly careffed by fome great However the duke of Queenfberry's management of the 1703-4. plot was fo 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 likewife brought himfelf un- Scotland. der the queen's difpleafure; for it had been propofed by Burnet. fome of his friends in the houfe of lords, to defire the queen to communicate to them a letter, which the duke 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 fend what letters fhe thought fit 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 fevere 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 expofed him in Scotland to the fury of a parliament; for, how true foever this might be, fuch a reprefentation of at parliament to the queen, especially in matters, which could not be proved, was, by the laws of that kingdom, leafingmaking, and a capital crime. The chief defign of the court, in the feffion of the Scotch parliament this fummer, was to get the fucceffion of the crown to be declared, and a fupply to be given for the army, which was run into a great arrear. In the debates of the former feffion, thofe, who oppofed every thing, A 3 great men. As for captain Lacan, though his information proved fo true and exact, that his zeal and diligence were at firit greatly extolled, both by the lord treasurer and the fecretary; and though he did farther fervice to the government, by feizing, in St. James's park, a young Irish gentleman, lately a retainer to the court of of St. Germains; yet, after he had attended daily at the fecretary's office for above three months, and confumed his fmall substance, he was fent back to Holland, without any other recompence than empty promifes. Nor was this all, for the Irish youth, who to fave his more life, readily difcovered all he 1703-4. more particularly the declaring the fucceffion, had infifted chiefly on motions to bring their own conftitution to fuch a fettlement, that they might fuffer no prejudice by their king's living in England. Mr. James Johnston, who had been fecretary of state for Scotland under king William, was now taken into the adminiftration, and made lord-register in the room of fir James Murray of Philiphaugh. He propofed, in concert with the marquis of Tweedale and fome others in Scotland, that the queen fhould impower her commiffioner to confent to a revival of the whole fettlement made by king Charles I. in the year 1641. By that the king named a privy-council, and his minifters of ftate in parliament, who had a power to accept of, or to except to the nomination, without being bound to give the reafon for excepting to it. In the intervals of parliament, the king was to give all employments with the confent of the privy council. This was the main point of that fettlement, which was looked upon by the wifeft men of that time as a full fecurity to all their laws and liberties. It did indeed diveft the crown of a great part of the prerogative, and it brought the parliament into fome equality with the crown. The queen, upon the reprefentation made to her by her minifters, offered this as a limitation upon the fucceffor, in cafe they would fettle the fucceflion, as England had done; and, for doing this, the marquis of Tweedale was named her commiffioner. The queen alfo fignified her pleasure very politively to all who were employed by her, that fhe expected they fhould concur in fettling the fucceffion, as they defired the continuance of her favour. Both the duke of Marlborough and the lord- treasurer Godolphin expreffed themfelves very fully and pofitively to the fame purpose. Yet it was artfully furmifed and spread about by the jacobites, and too eafily believed by jealous and cautious people, that the court was not fincere in this matter, or at beft indifferent as to the fuccefs. Some went further, and faid, that thofe, that were in a partiticular confidence at court, fecretly oppofed it, and entered into a management or defign to obftruct it. There did not appear any good ground for this fuggeftion; yet there was matter enough for jealousy to work on, and this was carefully improved by the jacobites, in order to defeat the defign; and they were put in hopes, in cafe of a rup ture, Burnet. However the duke of Queenfberry's management of the 1703-4. plot was fo liable to exception, that it was not thought fit to employ him any longer in the adminiftration of Scot- Affairs of land; and it feems, he had likewife brought himfelf un- Scotland. der the queen's difpleafure; for it had been propofed by fome of his friends in the houfe of lords, to defire the queen to communicate to them a letter, which the duke 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 fend what letters fhe thought fit to the houfe, and they ought not to call for any one in particular. The matter of this letter made him liable to a very fevere 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 expofed him in Scotland to the fury of a parliament; for, how true foever this might be, fuch a reprefentation of at parliament to the queen, especially in matters, which could not be proved, was, by the laws of that kingdom, leafingmaking, and a capital crime. The chief defign of the court, in the feffion of the Scotch parliament this fummer, was to get the fucceffion of the crown to be declared, and a fupply to be given for the army, which was run into a great arrear. In the debates of the former feffion, thofe, who oppofed every thing, A 3 great men. As for captain Lacan, though his information proved fo true and exact, that his zeal and diligence were at firit greatly extolled, both by the lord treasurer and the fecretary; and though he did farther fervice to the government, by seizing, in St. James's park, a young Irish gentleman, lately a retainer to the court of of St. Germains; yet, after he had attended daily at the fecretary's office for above three months, and confumed his fmall fubftance, he was fent back to Holland, without any other recompence than empty promifes. Nor was this all, for the Irish youth, who to fave his more life, readily difcovered all he 1703-4. more particularly the declaring the fucceffion, had infifted chiefly on motions to bring their own conftitution to fuch a fettlement, that they might fuffer no prejudice by their king's living in England. Mr. James Johnlton, who had been fecretary of state for Scotland under king William, was now taken into the adminiftration, and made lord-register in the room of fir James Murray of Philiphaugh. He propofed, in concert with the marquis of Tweedale and fome others in Scotland, that the queen fhould impower her commiffioner to confent to a revival of the whole fettlement made by king Charles I. in the year 1641. By that the king named a privy-council, and his minifters of ftate in parliament, who had a power to accept of, or to except to the nomination, without being bound to give the reafon for excepting to it. In the intervals of parliament, the king was to give all employments with the confent of the privy council. This was the main point of that fettlement, which was looked upon by the wifeft men of that time as a full fecurity to all their laws and liberties. It did indeed diveft the crown of a great part of the prerogative, and it brought the parhament into fome equality with the crown. The queen, upon the reprefentation made to her by her minifters, offered this as a limitation upon the fucceffor, in cafe they would fettle the fucceflion, as England had done; and, for doing this, the marquis of Tweedale was named her commiffioner. The queen alfo fignified her pleasure very politively to all who were employed by her, that she expected they should concur in fettling the fucceffion, as they defired the continuance of her favour. Both the duke of Marlborough and the lord-treafurer Godolphin expreffed themfelves very fully and pofitively to the fame purpose. Yet it was artfully furmifed and spread about by the jacobites, and too eafily believed by jealous and cautious people, that the court was not fincere in this matter, or at beft indifferent as to the fuccefs. Some went further, and faid, that thofe, that were in a partiticular confidence at court, fecretly oppofed it, and entered into a management or defign to obftruct it. There did not appear any good ground for this fuggeftion; yet there was matter enough for jealousy to work on, and this was carefully improved by the jacobites, in order to defeat the defign; and they were put in hopes, in cafe of a rup ture, |