David's Lindfay's Exami nation. "The Committee fent again for Mr. Keyth, to fhew "him the intercepted Letter, directed to him, by the "Name of Smith, at The Marine Coffee-houfe, dated "from his own House, the 22th February. 66 "He refufed abfolutely to give the Committee an 66 "He faid, "He did not know of any Correfpon"dence that was kept by the Lord Middleton, either in "Scotland or in England, from the Time he went into "France. 1 "He denied he was fent into England, to perfuade Hitherto examined by us, "The Committee being informed, "That a Bill of "Indictment was found against David Lyndfay;" they "thought fit to fend for him again, and acquaint him "with it, in order to make him fenfible of his Condi"tion; and asked him feveral Questions, in relation to "He faid, "He left St. German's the Firft of June, "That his Salary was 1000 Livres a Year (befides "fuch fmall Perquifites as happened), which was conti nued till his coming away; and he acknowledged he "was in good Friendship with the Lord Middleton to "the last. "That he was entitled to an Estate in Scotland, in "Right of his Wife, of about £.60 per Annum; but "his Wife's Mother had the One Half of it during her "Life, and his Wife and Children lived on the other "Half; fo that he had no Part of it returned to him into "France." "He faid, "He came to lay Hold of the Indemnity, "and to fee to get an Employment by the Help of his "Friends. "dence between France and Scotland and England, and "He procured Mr. Stanhope to write to Mr. Secre- "He faid, "The First Time he saw Frazer, was in 06 66 Being fhewed the Paper, brought into the House by Being asked, "How he came to begin his Narrative "with what paffed before the Death of King James ?" "He answered, "That it was all he had to fay; and "that there was no Fault found with him by the Lords "of the Council, for any Thing in his Paper." "Being fhewed Frazer's Commiffion, which he owned "to be counter-figned by the Earl of Middleton; and "asked, "How that could confist with what he had faid "in his Narrative, of the Earl of Middleton's oppofing "all Designs, and particularly that of Frazer's?" He "anfwered, "That he was not acquainted with that "Commiffion.” "In October laft, Frazer fent for him to The Hart's "Head, in Smithfield; and came back with him to lodge at his House, and ftaid there about a Fortnight. The Company that came to him were Keyth and Campbell, and Ferguson Once. Campbell gave Clark a Pafs "for Frazer, which he carried to him to Graves End, "and had only his Charges borne. He received only "One Letter from Frazer, with Three Letters enclosed; "One for Hill, another for Ferguson, and a Third for Campbell. Keyth called for the Letter directed to Hill, "which he delivered to him. 66 06 Ferguson read Frazer's Letter to Clarke. He fent a "Letter from himself, One from Campbell, and another "from Ferguson, to Frazer. He acknowledged that he "met Ferguson and Campbell Twice, at The Vine Taverne "in Holborne; but would not own what was faid there. "He owned he faw the Picture taken out of the Box, "but denied he faw the Commiffion. The Committee asked him feveral Queftions, in re"lation to what was charged upon him by Campbell and "others; but he obftinately refused to own any Thing, "nor would make any Discovery of his Knowledge of "the Confpiracy." G. Mrs. Fox'a H. Thomas Clark's Exa< mination. I. Mr. Corb Ser's Examination. K. Capt. Meers' Examination. L. Mr. Patrick Oliphant's Examination. "The Committee fent for Mr. Corbusier. "He owned, "He had feen Frazer about Two or Three "Years fince, upon Occafion of a Bill of Exchange. "That he faw him again, about May or June laft, "when he lodged at The Ipfwich Arms, in Cullam Street; "and was with him feveral Times, upon Account of "Money and other Bufinefs: That, when Frazer re"turned out of Scotland, he lodged in Smithfield, where "Corbufier faw him, at Clark's Request. "That afterwards Frazer came to lodge at Clark's "Houfe, where Corbuster was feveral Times with him." "He owned, "He faw Keyth with Frazer, before he "went to Scotland, in Cullam Street, Three or Four Times, and faw them often together after Frazer's "coming back from Scotland; and that, for the most "Part, they difcourfed privately between themselves; "but they did not talk before him of any Thing rela"ting to the Plot." 66 "Captain Meers, being examined, owned himfelf to "be a Papift, and confeffed he came out of France in "May laft, where he had been for Ten Years: That "he came over in the Tranfport Ship to Harwich; he telling Captain Gibson," that he intended to take the "Benefit of the Act of Indemnity;" upon which he im"mediately took him on Board, without faying any more to him, than, "If you will hazard yourself, I "will carry you over; but I will tell the Earl of Nottingham of it." He faid, "He only gave Captain Gib"fon Two or Three Louis-d'ors for his Paffage." He "faid, "He was not stopt at Harwich; and that he "furrendered himself to the Earl of Nottingham the Day "after he came to Town." He faid, "He had no fettled "Penfion in France; but the late King James gave him Money at feveral Times. 66 66 "He 66 "He faid, "He had about 100 Crowns given him, "for his Journey, fome fhort Time before he came away. "He faw the Lord Perth about a Week before he came away." He would not own any Knowledge of the Con"fpiracy; nor that he ever knew of any Design against England, unlefs at the Time of the Calais Bufinefs; "and all that he knew of that was, that, One Night after "Supper, King James declared, "He was just going to "embark for England;" and that he was confident the "Government there knew nothing of the Defign." 66 "Mr. Patrick Oliphant, being examined, faid, "He "turned Protestant before he went into France." Being "asked, "Why he went to France, after he had changed "his Religion?" He faid, "He went thither to fee the "Country, and to learn his Exercises." Being asked, "Why he ftaid in France, after the War was declared?" "He did give no Account of it. He owned, "That he had "been with the Lord Perth and Lord Middleton, to de"fire their Protection; and that he faw the late Queen "at St. German's, and the King there, and kiffed both “Their Hands; and that he had feen Sir John Maclean "and Sir Alexander Macleane, at Paris, feveral Times;" "but faid, "He could remember nothing that had paf"fed, between them there, nor that had been done or "faid in France by any body:" But he pretended to re"member a Difcourfe that he had with Sir Alexand'r "Macleane, as he came through the French Army; and referred himself to what is fet down in his Depofition, "N° 4. Being asked, "What gave Occafion for that "Difcourfe between Sir Alexander Macleane and him?" "He faid, "Nothing at all; but Sir Alexand'r Mac"That Frazer was a great "leane began with faying, "Rafcal, and fo was John Murray, for they had pro"mifed to come through Flanders, when they went to "Scotland;" and fo he proceeded with the Difcourfe in "the faid Depofition." "He faid, "He furrendered himself, when he came "to London, to the Lord Cromarty; and that he asked "him"If he were concerned in the Plot?" And he an"fwered, "He was not." ་ "The Committee did fend for Mr. Ogilby; who "had been formerly examined by them. "He faid, "He knew nothing relating to the Scottish Confpiracy." He faid, "He went to the Court of St. "German's, in May last, in order to get a Pafs; but it was "refused to him, although Paffes were granted to the other Scottish Officers, at the fame Time, to go for Scotland.” 66 "He faid, "He had feveral Times reflected on this "Refufal, fince he has heard of the Plot in Scotland; and "he could never think of any Reafon for it, but only "because he was not trufted with that Plot." "He faid, "He could not add any Thing material "to what he had owned upon his former Examination, “which has been already reported." "He mentioned to the Committee fome Things that "he was capable of doing for the Queen's Service, and "which he was willing to undertake; but, that not being the proper Business of the Committee, the "Committee did not think proper to infert it in their Report, unless the House be pleafed to order it. 66 66 "Mr. Ogilby mentioned again, what he had faid in his "former Examination, of one Mackenfey, a Scottish Man, "who was fent for by Monfieur De Torcy, and forbidden "to go to St. German's any more; but it was difcovered "that he went afterward privately to St. German's; whereupon he was committed to The Bafile, where "he believed him to be a Prifoner ftill.” 66 66 M. Mr. Ogilby's Examination. Stewart's and "The House having been pleased to order (upon a N. "Motion from the Committee), "That Richard Boucher, Sir Thomas Jackfan, and Sir Thomas Stewart, fhould Ferguson's "be taken into Cuftody;" and the Two former have hi- Examinations. "therto abfconded: And Sir Thomas Stewart was apprehended Two Days after the Order was iffued; and, 66 66 being brought before the Committee, made great "Difficulties of faying any Thing at firft; but after"wards he infifted, "That what he should fay fhould not "hurt himself, nor any body he accufed, in cafe they "ingenuously owned what he charged them with; and "that he fhould not be made Ufe of as a Witness, nor "his Confeffion ufed as Evidence at any Trial." The "Committee told him, "They had no Power of them"felves to make any Engagement of that Sort; but they promifed to reprefent to the Houfe of Lords what he "infifted on.' "" 66- per of his own drawing, in which he had fet down "all that he had faid before, which he affirmed to be "all he knew concerning them; which Paper is an"nexed, marked O. "Sir Thomas Stewart was very confident, "that, if he "was confronted with Ferguson, Ferguson would own "all that he should charge him with; and, on the other "Hand, if he did not, then, Sir Thomas faid, he would "make no farther Difficulty of declaring his Know66 ledge." "Thereupon the Committee produced a Copy of "that Letter, directed to Raphfon; and asked him the "Meaning of the Expreffion in that Letter, that he "must begin his Journey to his Garrison?" He faid, "He fuppofed he meant St. German's." "Being asked, "What was meant by General?" "He faid, "He fuppofed the Prince of Wales was meant; "but he never made Ufe of that Expreffion to Frazer? "Being asked, "What was meant by the Ex"preffion, that he would lay Ferguson's Demands be"fore them, in the most advantageous Terms he could?" "He pretended not to know, unless Frazer meant "to involve him in a fuppofed Guilt; and he thought that Men's Lives and Liberties did not depend upon "Conftruction and Suppofition." "The Lords of the Committee thereupon fent for "Mr. Ferguson; and examined him firft alone, as to "what Correfpondence he had with Frazer and others" "concerned in the Confpiracy. "Ferguson referred himself to what he had faid in "his Narratives to the Cabinet Council. "The Committee told him, "They fhould take no "Notice of thofe Narratives; but expected he fhould give an Account what Correfpondence he kept in "France." He denied he kept any. 66 Being afked, "If he had not wrote to Frazer ?” "He faid, "Frazer was then in Holland, not in France." "He faid, "Clarke, who brought Frazer's Letter to "him, would not deliver it to him, nor tell him from "whom it came, nor how to direct an Answer, unless "he would first promise to write to the Perfon: Which "at laft he did; becaufe, as he faid, he was defirous "to know the Manner of the correfponding, in order "to difcover it to the D. of Athol; being fenfible that "there was fome Design against the Queen, or fome "other Perfon, on Foot." "The Committee reading to him that Part of the Letter, wherein Frazer took Notice of the Advice "which Ferguson had written to him, "not to be tranf "ported to particular Resentments, in Prejudice of his "General's Intereft:" He denied he had faid any Thing "in his Letter, that might give Occafion for Frazer to "write to that Purpose. "Being asked, "If he knew Captain Meers?" He "faid, "Yes; and that he called to fee him, the Day "after he had delivered himself to the Secretary." rendered himfelf?" (which Sir Thomas Stewart had "Being asked, "If he did not fee him before he fur"affirmed to the Committee) He faid, "He could not tell; but he was fure that, if he had, he per"fuaded him to furrender himself." He faid, "Meers "advised with him, if he could not have the Benefit "of the Indemnity in Scotland, without going thither; "and Ferguson told him, "He could not.' 26 "Being asked, "If he had not endeavoured to pro "He faid, “As foon as he knew how this Corre-cure a Pardon for Clarke;" (which was alfo mentioned fpondence was, he fent one Mr. Mafon to the Duke "of Athol, with an Account of it." Ferguson faid, "He "faw Frazer but Once; and then Frazer told him, he "had been introduced to St. German's; but, Ferguson" "faid, he had forgot by whom." "He faid, "He faw Campbell Twice, and advised "him to tell all he knew." "Being asked, " (If he meant the Prefervation of "the Queen and Government by what he did), why he "did not stop Frazer while he was here?" "He made Anfwer, "It would have fignified little; ❝and he did not suspect him, till he was conveyed away by a Pafs, in a fham Name." 66 "Being thereupon told, "That he had owned before, "that he knew this Pafs was obtained for him by a Seof State of Scotland;" and being thereupon cretary "asked, "How he came to think ill of Frazer upon "that Account, or to fufpect the Pass was not given by "the Privity of the English Secretary?" "He only made Answer, "That, about a Week after "Frazer was gone, he knew the English Secretary was "not acquainted with it." "Ferguson affirmed, "That Frazer never told him of any Commiffions he had from France, or to Scotland; "and that they never had any Difcourfe together about "Correspondence between France and Scotland, nor of any Designs of Infurrections in The Highlands, or in any other Place; but he pretended, that Frazer faid, ""That he was under the Protection of the Duke of Queensberry;" but faid nothing of his other Bufi 66 "nefs. " "to the Committee by Sir Thomas Stewart) He said, ""Clarke was a poor weak Creature, and, as he beand therefore, having made Ufe of him to get Light "lieved, did not know the Danger of these Things; "into the Correfpondence, he thought it became him "to endeavour to get his Pardon; for his Part, he did "not inquire into Clark's Principles." "he met at the Coffee-houfe; Boucher was his near Neigh"He owned," He knew Jackson and Boucher; Jackfon "bour; but he never talked with them about Bufinefs." "Ferguson refufing to own any Thing; the Commit"tee fent for Sir Thomas Stewart, to confront him, "according to his own Propofal. "Sir Thomas, when called in, put Ferguson in Mind, "that he had faid, " He had been a great Rebel, but "never had been a Traitor ;" and advised him to perfift "in that Refolution, in Respect to the Queen, by telling "the Lords his Knowledge. "Sir Thomas Stewart then faid to the Effect of what is "fet down in his Paper, relating to Sir John Maclean's "Letter to Sir Æneas Mackferfon, and what Ferguson "had faid thereupon, as to the giving Notice of it at "St. German's. "Ferguson, at firft, faid," He remembered nothing "of it." Afterwards he faid, "He might perhaps "fay, that it was likely Care would be taken to give "Notice of it at St. German's." *ther, in order to make Ufe of the Commiffion to "his Frazer anfwered, "That he had as many great Men "and Families in Scotland, who would be his Friends, as "those who were his Enemies:" And that Mr. Fergufon knows, that in fome fhort Time afterwards, it 66 was talked about the Town," That Frazer had pro"cured a País, or Paffes, for going beyond Sea, by "the Way of Holland, under feigned Names, for himby the Name of Major Monrowe (who, as it was faid, "felf and fome others; particularly for One that went ther and Servant of Frazer's;" under Covert of which "did come from France with him); as alfo for a BroPafs, or Paffes, Mr. Ferguson knows, that Frazer and his Companions went accordingly into Holland, in their Way to France, to make Report to the Two Upon this, Sir Thoma's Stewart fell into great SirT.Stewart's 66 66 66 "Courts what Succefs he had met with in Scotland, "and especially in The Highlands thereof; and that "Mr. Frazer has writ feveral Letters from Holland "hither, under false Names; and, I suppose, Mr. Fer gufon knows to whom fome of thofe were directed "and addreffed. And I affirm, that Mr. Ferguson did હૈદ regret, that the Court of St. German's, or any Perfon "there, fhould have had any Hand in repofing fuch a "Truft in fo ill a Man as Frazer; and when it was " fuggefted to him, "That such a treacherous Conduct "fhould be made known to the Court of France," he "anfwered, "That Care would be taken for fo doing," or Words to that Effect and Purpofe; the greatest "Part of all which, in Substance, I believe Mr. Fer"gufen does know. "T. STEWART." "In the Months of November, December, January, "and February, in the Years 1702 and 1703 laft paft,' "I did fee and hear Sir Æneas Mackferfon read feveral "Letters, at divers Times, in the Quarter of Lincolne's. "Inn next to Chancery Lane, and in Spring Garden, or 66 near to it; which, he faid, came from Sir John Mac"leane, who was then at St. German's in France, as Sir "Eneas told me; in several of which Letters, Sir John "writes to Sir Eneas, with utmost and repeated Ear"neftness," That he would employ all the Interest he "had here, to obtain License, of the Queen, for him "to come over into England ;" and that, in divers of "these Letters that Sir Æneas read in my Hearing, were Sentences or Expreffions to the following Effect "and Purpose: " That those there (videlicet, at St. "German's) were now come to that feeming Refolu "I do affirm, that Mr. Robert Ferguson does know that Mr. Frazer did make fuch Intereft with the "Pope's Nuncio in France, or by fome others at the "Court of St. German's, in Concert with the Nuncio, as to get himself recommended and introduced to the "French King and His Court; and that the Nuncio, by himself, or in Concert, as aforefaid, did prevail with "the King to order one or other of His Minifters, or fome other about His Court, to caufe to be given to "Frazer 3000 Livres, or Louis-d'Ors, which of the "Two I do not remember; and that afterwards it was agreed between the Two Courts of Verfaills and St. "German's, by Intervention of the Nuncio, or some "others of the Court of St. German's, that Frazer "alone, or fome others in Conjunction with him, "fhould be entrusted with Commiffions, Credentials, "Instructions, or with fome fuch like Power and Au"thority, to go into Scotland, and feel the Pulfe of the "Kingdom, how they are inclined and difpofed towards joining what Forces they could with fuch Troops "and Forces as the French King fhould fend thither, "with all Sorts of neceffary Warlike Stores and Am"munitions; and from thence to return, and make "Report to the French King and the Court of St. "German's, betwixt and fuch a limited Time, or as "foon as he could, of the Succefs of that his Nego-"tion, as to pretend to put little or no Value upon "tiation: And that, pursuant to thofe Measures con"certed between the Two Courts, Mr. Ferguson does "know, that Frazer did repair into Scotland laft Summer, and went into The Highlands through Argylefhire, as I fuppofe he has heard; and there did ufe "his utmost Endeavours to meet and converfe with "fuch of the Heads and Chiefs of the respective Clans, ❝and whom other he could get there, to engage, con"formable to the Commiffions, Credentials, Inftruc❝tions, or fome fuch like Power and Authority, Frazer "had from the Court of France. And I do vouch," that Sir Eneas has a juft and true Copy of what I "that the faid Mr. Ferguson does know that Frazer re"turned from Scotland, into London, about the Begin"ning of laft Winter; and that he did meet and con"verfe with the faid Frazer fome Weeks, or there"abouts, before his Departure from hence; and that "Frazer did tell the faid Mr. Ferguson what is but now "mentioned, at leaft the Subftance of it. And I do "fay, that Mr. Fergufon did afk Frazer, "How he "durit venture to go into Scotland, where he ftands" "convicted of heinous Crimes; and that a Commiffion "of Fire and Sword (as it runs in the Style of that "Kingdom) was iffued, to apprehend and feize him, "dead or alive; and that, on account of these odious "Crimes, he had made himself justly obnoxious to the "utmost Refentment of feveral Great Men there, and to that of their Friends and Families?" Whereunto" 66 46 * Sic. "Scotland, or the People thereof; for they made Ac- "Spring, which he read in my Hearing. In fome few 66 દ "T. STEWART." 66 "Square, and took fome Turns in a little Street on the 66 66 66 Subject of France, he would undoubtedly have been "broke upon the Wheel, if he goes thither; but, as "he is, he may expect, at best, to be Prisoner for Life; "for Notice was fent thither, before him, of his vil"lainous Behaviour." 66 "This is the Sum, Subftance, and Effect, of what "T. STEWART." "Major Boucher and I were walking in that Part of St. James's Parke called The Short Walk, in the Months of July or Auguft laft, or thereabouts: We "fell to talk about the Proceedings of the Parliament "in Scotland, that was then fitting; and particularly "of the Heats and Animofities which were about that "Time come to a great Height among the Members "thereof: Mr. Boucher did fay, "That if these Per"fons who were upon their Way thitherwards were arrived at Edinburgh, we fhould hear of other kind "of Doings there." In a little Time after, he went "off towards Spring Garden; nor did I ask him then, or any Time after, to explain himself, as not being my "Way with any body that I converfe with, except I "believe myfelf particularly concerned; but I do fup"pofe he meant, by that his Expreffion, the Emiffaries "or Agents that were on their Way from France to "Scotland, and particularly of Frazer and his Compa"nions. Mr. Boucher and I met, by Chance, feveral «Times, both before and afterwards, near to Gray's "Inn Walks, on the North Side thereof; and we fell "to difcourfe divers Times, amongst other Stories, "about the Stag-hunting that was frequently and warm"ly talked of about the Town; and, from feveral Re"marks and Circumftances, I had Reafon to imagine that he had the fame Notion thereof as many others, "as well as myfelf, at that Time had; which was, a Rifing of the Highlanders in Arms. And afterwards, upon the breaking out of the Noife of that which is "called the Scotch Plot, we difcourfed feveral Times "about many of the Circumstances thereof, and parti"cularly of what Mr. Frazer's Part was in it; as to "which, he fpoke his Mind very doubtfully, whether "he thought it a real or a fham Plot; but faid, "Be "in it what will, Frazer's Conduct therein was vil"lainous; that Care would be taken to fend Notice thereof to France, where he did not doubt but he "would be punifhed according to his Defert." This "is the Substance of what paffed between him and me, upon the Matters aforefaid; and the Truth, accord-March, to order the Papers about the Lord Bel"The Houfe being pleafed, on the 7th Day of L. Belhaven's ing to my belt Memory, and Knowledge of the Mean-haven to be delivered to the Committee; they take ing and Purport thereof. મંદ 46 σε 66 84 Fackfon Efquire and I have had feveral Meet"ings and Converfations, near to Gray's Inn and Red "Lyon Square, in the Months of November and De"cember laft, or thereabout; at one of which, as we were walking along Gray's Inne Lane, he told me, 66 "That the Secretary of State to the French King, “for Foreign Affairs, had fent a Meffenger into Lon"don much about that Time ;" and faid, "He did not go into Scotland, nor ftayed here above Eight Days." "And I told him, "That it would not have been very "fafe for him to go to Scotland, or to have stayed much longer here, the Noife of the Scotch Plot being then "fo warm." I did not ask who he was, or about what "he came; nor did I ask any Questions on the Matter, "for the Reafons as above; and fo we parted, within "Gray's Inn Gate that leads into Gray's Inn Lane. And "afterwards he and I met cafually, about the latter Eng of February laft, and went towards Red Lyon VOL. XVII. 66 |