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My dear Forbes,

No. LXXII.

to Mr. Duncan Forbes.

London, 2 June 1716.

I HAD nothing from you last post; which makes me fancy you, My Lord, & Nimmo, are employing yourselves about getting the papers I want. The Commissioners of the forfeitures are to have £1000. p' Annum each: of 13, 7 to reside here, & 6 in Scotland; the balloting is to be on Tuesday next.

The Duke of Marlborough is a little better; he can speak 5 or 6 words together att a time; his mouth stands less awry; and they don't dispair of the continuance of his life. When his tongue is capable to send out his thoughts in words, we'll know if the palsie has impaired his judgment *.

The squad have given it out with a good deal of assurance, some days past, that the D. of R. is Sy of State-we don't believe one word of it on good grounds. They are pushing the prosecuting of our honest Nonjurants at such a rate, that my Patron told me this Morning, it will not be in his power to prevent it after the 20th No' next to this day he'l get the time prolonged; but he says they may depend on it he will not have strength enough to support them after that time, so violently are they pushed at: he told me this under a very deep concern for the melancholy consequences he fears it will be attended with.

While I am writing I have yours of the 26th. You are wrong: I said no more then "I think Forbes deserves thanks." "Yes, I'll tell him I think so," said he. "Farewell.". It is of infinite importance to have these declarations.

My dear Forbes,

No. LXXIII.

to Mr. Duncan Forbes.

BECAUSE you wrote to me last post, & neither My Lord nor Nimmo, I have given my Lord the melancholy part of the Dispatches of the night, which upon my word grieves me extreamly-it is an unlucky affair as can be in the world-and have reserved the reverse for you.

The account I sent you on Saturday was fact; yet on Munday the - began to look up, & carryed it so here, that I fancy you had news by the last post that they had got the better. T-d, Spe, & W -, told their Master, if the D

of A-le was pusht at & shockt, they understood it was pushing at them directly, & were positive that in this event they'd all lay down; whereupon his Majesty this day gave the Squad a positive answer, that he would do nothing to shock the Duke of Argyle, & would make no Secretary for Scotland att this time; which I reckon they are not a litle displeased att.

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My dearest General,

No. LXXIV.

Lord Lovat to Mr. Duncan Forbes.

I GOT both your Letters, & I follow y' advice closs. I had a privat audience of K. George this day; and I can tell you, dr General, yt no Man ever spoke freer langage to his Majesty & y Prince than I did of our two great finds, in leting y know y' they did ym more service & were capable to do ym more service than all those of yr Ranks in Scotland: & yt is true. I hope what I said will be usefull & let it have what effect it will as to me, I am overjoyd to have occasion to serve y two pretiest fellows in Europe. They still behave to me like kind brothers; & I spok to y both of my mariage, they aprove of it mightily, & my La I. or the D. is to make ye proposition to the King; so y' I belive it will do, wyt agrement yt my two great finds wish and desire it. I want but a Gift of y Escheat to make me easy. But if it does not do, you must find some pretence or other y' will give me a title to keep possession, either by yt taillie my L Provost has, or by buying off some Creditors: in short, you must make a man of it one way or other. I have got out my Commissions, after much oposition. I belive they thought shame of the Affidavits, or they keep them till I am gone; since they know I can speak the French as well as they. I long extreamly to see you. Y' Brother is angry at many things, as well as I; and neither his post nor mine satisfyes our minds when we see matters go wrong. Adieu, cher General!

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Je suis à vous pour la vie,

LOVAT.

The two green ribands and Glengary's remission make many murmur and bite their thumbs. However, better days will come. My love and respect to my L Provost.

All will go well at the long runn.

My dear General,

No. LXXV.

The same to the same.

London y 28 of June 1716.

I THINK it is an age since I had the honour to hear from you. Your Brother & Brig. Grant being very angry, & justly, at the List Sir W Gordon & his Brother sent down about the Magistrates of Inverness, your Brother caused draw up a second Petition, where he added Brig. Grant, Killräck, & you; & I took upon me the manadgement of y' afair, & by my aquantance w' M' Southwell & Mr Hailes, y two principal Clarks of ye Cabinet Council, I got ye thing done as I would have it in four & twenty hours; & M' Pringle says he sent you the order on Teusday night by post; so y' we get something rectifyed in spight of their private intrigues. Our friends gain ground every day; & I hope that what I said to the King, in my private audience. Saturday last, did a litle contribut to make him belive y' the two Brothers are necessary persons to him. It would be too long to tell you all I said; but, in a word, my General could not speak w' more force in favours of y two Brothers. I told but truth when I said y' their father was y founder of ye protestant Succession in Scotland; & y' they were ymselves yR support of it, & the only capable to be so: in short, dear Generall, I told my mind as freely as I would have done to you. The King is one of the best

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men on earth; but strangly imposed upon by certain persons. I hope it will not be allways so.-The King has been graciously pleased to grant me, this very day, a Gift of Fraserdale's Escheat; & M' Stanhope told me, y' I was so well in His Majesty's spirit, y' all my Enemys are not able to do me harm.

I spoke to the Duke & my La Ilay about my marriage, & told ym yt one of my greatest motifs to y' design was, to secure ym ye joint interest of y' north. They are both fully for it, & the Duke is to speak of it & propose it to the King. But Islay desir'd me to writ to you, to know if their would be any fear of a poursuit of adherance from ye other person; which is a chimerical busines, & tender fear for me in my dear Islay.But when I told him that the Lady denyed, before the Justice Court, y' I had any thing to do with her, & yt y pretended mariage was declared nul (which Islay sayes should be done by yo Commissarys only); yet, when I told him yt ye Minister & Witnesses were all dead who were at the pretended Mariage, he was satisfyed they could make nothing of it, tho' they would endeavour it. However, I intreat you write to me, or to M' Stewart, a line on this head, to satisfy my L' Islay's Scruple. This is a very long letter; yet I have not said ye half of what I have to say to you. I'll begin a new epistle on Saturday.-My service to my D' Lord Provost, & to M McPharlan & his Lady. I hope you will 'consider the taillie y Provost gave you of mine, & what can be done in y' busines of my natural right. Adieu.

I am yours eternally,

LOVAT.

I have my two Commissions in my Pocket; and the Prince told me last night he was glad they were expeded.

No. LXXVI.

Mr. Baillie to Mr. Duncan Forbes.

Much honoured & dear Sir,

I HAVE very little to say, save that the Account you sent of that tragical adventure of Mr. Gordon and Cathcart's seems to be the most exact and ingenuous of any that came to this Countrey; only I cannot call them censorious or malicious People whom you are pleased to name so, seeing they tell nothing but truth.

McNeal, &c. is in his integrity at liberty, notwithstanding the storys you might hear.

Glengary writes to his People with a great dale of Majesty & Spirit; forbidding them, under pain of his displeasure, to contribute in the least to the accommodation of the Garrison at Innergary; alledging, if they be oblidged to give plaids to Ly in, it is contrary to Capitulation with Cadogan.

I hope to hear of your coming north; for we are still afraid something or other shall be mismanaged if you come not.

I have no news to tell you; only I am informed, that my Colleague hath displeased the Jacobites at the late thanksgiving, in asserting that God, in his Providence, brought K. G. to the throne without a dog to bark at him; only of late some Jacobite Currs have made a great noise, and continue to snarle when they neither can nor dare bite.

Inverness, 30 June 1716.

I am, Dear Sir,
Yours faithfully,

RO. BAILLIE.

No. LXXVII.

Memorial concerning Lord Lovat; and Grant to him of Mackenzie of Fraserdale's Escheat.

ALEXANDER McKenzie, of Fraserdale, by takeing advantage of the misfortunes of my Lord Lovat, found means to become master of several old rights and titles to the estate formerly enjoy'd by that family; &, by being in possession of the said Estate at the time of the late unnatural Rebellion, did furnish the Rebell Army with a Regiment, consisting of persons of the name of Fraser, related to, or dependant on, the said family; till my Lord Lovat, by his appearing in Arms for his Majesty in the North of Scotland, had soe great ane influence over the name of Fraser, that they publicly, with their Arms, withdrew themselves from the late Earle of Marr & the said Alexander Mackenzie, join'd My Lord Lovat, & assisted him when he, with the Men under his Command, did take the town of Inverness.

By an Act of Parliament passed last Year, for encouraging Superiors, Vassals, Landlords and Tenants, all suspected persons, who should remain in contempt after being summoned to appear, as is by that Act prescribed, are declared to incurr the penalty of £500., & single and Liferent Escheat; that is, y forfeiting all their Goods and Chattells, and the Rents and Profits of their Estates dureing their Lives.

Judgment haveing been pronounced, in pursuance of this Act, against the said Alexander Mackenzie, of Fraserdale,-His Goods and Chattells, and the Profits of his Estate, dureing his Life, are thereby vested in his Majesty.

His Majesty may grant to any Person, as is usual by the Law of Scotland, A Gift of the 500. penalty, and single & Liferent Escheat of the said Alex' Mackenzie, by a proper Warrant from the Thesaury; which will operate thus: that if the said Alex' Mackenzie shal, by any means or accident, Elude the justice of the Nation, by not. being convicted of High Treason for his Rebellion, this Grant would absolutely take place against him dureing his life; and in case he shal be attainted, it will reach to his Personal Estate at y time of y judgment against him for his not obeying y Summons and y Rents of his lands dureing his life, as far as ye same shal not be limited or Restrained by any Act of Parliament concerning forfeitures.

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The Value of these Lands is generally said to be about 500 yearly, but are very much incumbred with Debts; So that it cannot yet be known what the Clear Produce may amount to; but it is conceived, y' the immediate making such a Grant to a Person of Credit in that Country, & well afected to his Majesty, would greatly tend to strengthen ye hands of the Government; both as to Seizing any of the Rebells who yet abscond, the disarming their followers, the encouraging those who are well affected, and consequently ye confirming y peace of that part of ye Kingdom.

It is therefor humbly proposed and intreated, that my Lord Lovat, for his Signal services in the North of Scotland, and for y encouragement of his Kinfmen, who have soe Zealously exposed their Lives for His Majesties Service, may have a Gift or Grant of the 500 Penalty, & single & liferent Escheat of y sa Alexander McKenzie of Fraserdale; My Lord Lovat haveing a natural Right to y Lands possessed by him when he joined in the late unnatural Rebellion.

My Lords,

Whitehall, 2* July 1716.

THE King having had under his consideration the enclosed Memorial of the Lord Lovat, His Ma" is graciously pleased to comply w' what is desyred in it; and has commanded

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commanded me to signifie to y' Lordships his pleasure, that you prepare the necessary Warrants to be laid before him for that purpose. I am, &c

The Lords of the Treasury.

My Lords,

it

To the Lords of the Treasury.

JAMES STANHOPE.

IN Obedience to yr Lordships Commands, signified to me by M' Lounds in a letter of this day's date, I have considered a Memorial therein inclosed, concerning my Lord Lovat; and am humbly of Oppinion, that the desyre of the said Memorial contains nothing contrary to Law; and y' if his Ma" is graciously pleased to grant the same, may be done by a Warrant for passing a Gift in the Excheq' of Scotland, in the ordinary form, of the single and Liferent Escheat of Alexander Mackenzie, of Fraserdale, mentioned in the said Memorial; and alsoe of the sum of five hundred pounds sterline, therein mentioned; being att his Maj's dissposall, by vertue of ane act passed in the last Session of this current Parliament, intituled ane Act for encouraging all Superiours, Vassalls, Landlords, and Tenants in Scotland, &c.

This, w great submission, is the Oppinion of,

My Lords,

Y' Lop' most faithfull, most

Obedient, and most humble Servant,

Westm' July the 5th, 1716.

No. LXXVIII.

DAVID DALRYMPLE.

My Lord,

Mr. Duncan Forbes-[most likely to Lord Islay.]

I HAVE since my Lord Advocate's leaving this Country officiated for him, faithfully I hope; and by this Night's Post, I have a kind of Intimation made me, as if there were some design of appointing me one of his Deputys for the ensuing Prosecutions but as I am an utter stranger to the English forms of procedure, and for severall other reasons which your Lordship will easily apprehend, I am determined to refuse that employment; nor can any motive whatsoever induce me to accept that place, as things now stand, unless your Lordship commands me. Your Opinion on this subject I expect either directly, or by communicationg it to my brother.

My strength is small, but it is exerted at hazard to serve you as I can best judge. Since, probably, George Drummond is not with you, I shall take the Liberty of writing frequently. No news. I'me pleased to see how universall the surprise is since last post.

Ed', 7 July 1716.

Sir,

I am, my Lord,

Your Lordship's most faithfull, most devoted Servant,

No. LXXIX.

Mr. Duncan Forbes to Lieut. Col. Innes.

HIS Royall Highness haveing been informed, that severall persons detained prisoners in Scotland, who were actually in Arms in the late Rebellion, have endeavoured to obtain Warrants for dischargeing them of their imprisonment, on account of some Informalities in the Orders for their Committment, has therfor commanded His Majesty's Advocate forthwith to enquire into the State of the Committments of the several Prisoners now in Custody for Accession to the late Rebellion; and to endeavour to

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